|
|
Title 17
ZONING1Chapters:
17.04 General Provisions
17.08 Definitions
17.12 Districts Generally
17.14 Table of Uses
17.15 Table of Bulk and Dimensional Regulations
17.20 Residential (RS) District
17.22 Residential Moderate Density (RMD) District
17.24 Residential Multifamily (RM) District
17.28 Business (B) District
17.30 Mixed Use Town Center (MX) District
17.32 Community Facilities (CF) District
17.36 Light Manufacturing (M-1) District
17.38 Planned Development (PD) District
17.41 Open Space (OS) District
17.42 Special Uses
17.44 General Use Regulations
17.48 Off-Street Parking and Loading
17.50 Sign Code
17.52 Nonconforming Buildings and Uses
17.56 Temporary Uses
17.58 Wireless Communication Facilities
17.60 Mobile Home Parks
17.61 Land Use Permit Procedures
17.62 Site Plan Approval
17.64 Conditional Use Permits
17.65 Variances
17.66 Appeals of Administrative Decisions
17.67 Comprehensive Plan Amendments
17.68 Amendments
17.72 Hearings, Notices and Fees
17.76 Administration and Enforcement
17.78 Notices and Orders to Correct and/or Abate
17.79 Suspension and Revocation of Permits
17.80 Newly Annexed Property
Chapter 17.04
GENERAL PROVISIONSSections:
17.04.010 Short title.
17.04.020 Purpose.
17.04.010 Short title.
This title shall be known as the city zoning code. (Ord. 1405 § 2, 1999).
17.04.020 Purpose.
The purpose of this zoning code is to promote and to protect the public health, safety, and general welfare of the people of Milton. (Ord. 1405 § 2, 1999).
Chapter 17.08
DEFINITIONSSections:
17.08.010 Rules of construction.
17.08.020 Definitions generally.
17.08.021 Accessory apartment.
17.08.030 Accessory building or use.
17.08.032 Addition.
17.08.033 Adult day care facility.
17.08.034 Adult entertainment business.
17.08.035 Adult family home.
17.08.036 Adult retirement community.
17.08.038 Adverse impact.
17.08.040 Alley.
17.08.050 Amendment, text.
17.08.051 Amendment, map.
17.08.054 Animal hospital.
17.08.060 Apartment.
17.08.062 Approved plan.
17.08.063 Assisted living facility.
17.08.064 Auction house.
17.08.065 Authorized use.
17.08.066 Automobile service station.
17.08.067 Automobile wash.
17.08.068 Automobile, repair.
17.08.069 Automobile, sales.
17.08.072 Ballfield.
17.08.076 Bed and breakfast.
17.08.084 Buffer strip.
17.08.088 Building.
17.08.090 Building height.
17.08.100 Building, principal.
17.08.110 Building site.
17.08.112 Building width.
17.08.120 Bulk.
17.08.130 Business and commerce.
17.08.135 Buy-back recycling center.
17.08.137 Cargo storage containers.
17.08.140 Carport.
17.08.141 Cemetery.
17.08.142 Change of use.
17.08.144 Child care center, family.
17.08.146 Child care center, commercial.
17.08.150 Church.
17.08.160 Club or lodge, private.
17.08.165 Commercial recreation.
17.08.170 Commission.
17.08.171 Composting.
17.08.171A Composting facility.
17.08.172 Comprehensive plan.
17.08.180 Conditional use.
17.08.190 Conditional use permit.
17.08.200 Conforming building or structure.
17.08.210 Conforming lot.
17.08.220 Conforming use.
17.08.225 Contractor yard.
17.08.230 Council.
17.08.234 Convenience store.
17.08.242 Density, gross.
17.08.244 Density, net.
17.08.250 Dwelling.
17.08.260 Dwelling, multifamily.
17.08.270 Dwelling, single-family.
17.08.280 Dwelling, two-family.
17.08.290 Dwelling unit.
17.08.291 Electric transmission substation.
17.08.295 Espresso stand.
17.08.300 Establishment, business or commercial.
17.08.305 Facility or facilities.
17.08.307 Family.
17.08.310 Fence.
17.08.315 Flea market.
17.08.320 Floor area.
17.08.330 Floor area ratio (FAR).
17.08.331 Freight terminal, truck.
17.08.332 Fuel storage tank, above ground.
17.08.333 Fuel storage tank, underground.
17.08.340 Garage, private.
17.08.350 Garage, public.
17.08.352 Garage, repair.
17.08.356 Golf and athletic facility.
17.08.360 Grade, lot.
17.08.362 Greenhouses, private and noncommercial.
17.08.364 Grocery store.
17.08.366 Group home.
17.08.370 Guest, permanent.
17.08.372 Hardware store.
17.08.374 Health club.
17.08.376 Heliport.
17.08.380 Home occupation.
17.08.385 Horticultural nursery, wholesale and retail.
17.08.390 Hospital.
17.08.400 Hotel.
17.08.404 Impervious surface.
17.08.406 Industry, light.
17.08.408 Inn.
17.08.425 Land use administrator.
17.08.427 Landfill.
17.08.440 Livestock.
17.08.450 Lot.
17.08.460 Lot, corner.
17.08.464 Lot coverage.
17.08.470 Lot depth.
17.08.480 Lot, interior.
17.08.488 Lot line.
17.08.490 Lot line, front.
17.08.500 Lot line, rear.
17.08.510 Lot line, side.
17.08.514 Lot, nonconforming.
17.08.520 Lot of record.
17.08.524 Lot, substandard.
17.08.530 Lot, through.
17.08.540 Lot width.
17.08.542 Lot width, corner.
17.08.550 Lot, zoning.
17.08.552 Lumber yard.
17.08.554 Manufactured housing.
17.08.560 Medical-dental clinic.
17.08.580 Mobile home lot.
17.08.590 Mobile home park.
17.08.600 Mobile home park thoroughfare.
17.08.601 Mortuary.
17.08.610 Motel.
17.08.611 Motor vehicle impound yard in enclosed building.
17.08.615 Nonautomotive, motor vehicle and related equipment sales, rental, repair and service.
17.08.620 Nonconforming building or structure.
17.08.622 Nonconforming use.
17.08.636 Open space.
17.08.638 Open space, common.
17.08.640 Outdoor advertising display.
17.08.644 Outdoor storage.
17.08.650 Parking area, private.
17.08.660 Parking area, public.
17.08.670 Pasture.
17.08.675 Permitted uses.
17.08.680 Person.
17.08.682 Personal services.
17.08.690 Pet shop.
17.08.694 Planning commission.
17.08.695 Plumbing supply yard.
17.08.696 Post office, branch or contract station.
17.08.698 Post office, distribution center or terminal.
17.08.699 Printing establishment.
17.08.700 Professional offices.
17.08.703 Public park.
17.08.710 Public utility.
17.08.711 Public utility facility.
17.08.711A Public utility service yard.
17.08.711B Recreational use, commercial, including a tennis club and similar activities.
17.08.711C Recreational center privately operated.
17.08.712 Recyclable materials.
17.08.713 Recycling collection point.
17.08.714 Recycling processing center.
17.08.720 Residence.
17.08.730 Rest home or nursing home.
17.08.734 Restaurant.
17.08.736 Restaurant, drive-through.
17.08.738 Retail sales.
17.08.740 Retaining wall.
17.08.745 Rodeo.
17.08.750 Roof.
17.08.751 Sanitarium.
17.08.752 School, elementary.
17.08.753 School, private.
17.08.754 School, secondary.
17.08.756 Self-service storage facility.
17.08.760 Service station.
17.08.764 Setback line.
17.08.766 Sewage treatment plant.
17.08.770 Sign.
17.08.780 Sign, advertising.
17.08.785 Sign, attached.
17.08.790 Sign, business.
17.08.794 Sign, freestanding.
17.08.796 Similar use.
17.08.798 Site plan.
17.08.800 Solid waste.
17.08.801 Special use.
17.08.802 Sports arena.
17.08.805 Stable, private arena.
17.08.807 Stadium.
17.08.810 Street.
17.08.820 Structural alteration.
17.08.830 Structure.
17.08.831 Studio.
17.08.832 Substantial change in use.
17.08.832A Surface mining.
17.08.833 Swimming pool, commercial.
17.08.834 Tavern.
17.08.836 Theater, enclosed.
17.08.840 Trailer, vehicle.
17.08.842 Transfer station solid waste facility.
17.08.845 Transit facility, bus barn, park-and-ride lot, transit station.
17.08.860 Use.
17.08.880 Use, principal.
17.08.890 Variance.
17.08.891 Vehicle, motor.
17.08.892 Vehicle, off-road.
17.08.893 Vehicle sales.
17.08.895 Vehicle repair.
17.08.896 Vehicle wash.
17.08.898 Vocational school.
17.08.899 Warehouse.
17.08.900 Yard.
17.08.910 Yard, front.
17.08.920 Yard, rear.
17.08.930 Yard, side.
17.08.935 Yard waste.
17.08.936 Yard waste composting.
17.08.940 Zone.
17.08.950 Zoning administrator.
17.08.010 Rules of construction.
In the construction of this zoning code the following rules shall be observed and applied, except when the context clearly indicates otherwise:
A. The present tense includes the future, and words used in the singular include the plural, and the plural the singular.
B. The word “shall” is mandatory and not discretionary.
C. The word “may” is permissive.
D. The word “lot” includes the words “piece” and “parcel”; the word “building” includes all other structures of every kind regardless of similarity to buildings; and the phrase “used for” includes the phrases “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”. (Ord. 1405 § 2, 1999).
17.08.020 Definitions generally.
In the construction of this zoning code the definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise. (Ord. 1405 § 2, 1999).
17.08.021 Accessory apartment.
“Accessory apartment” means a dwelling unit that has been added onto, or created within, a single-family house where the owner occupies the principal dwelling. Such dwelling unit shall contain not more than one bedroom, and its floor area shall not exceed 60 percent of the floor area of the principal dwelling. (Ord. 1405 § 2, 1999).
17.08.030 Accessory building or use.
“Accessory building or use” means one which:
A. Is subordinated to and serves a principal building or principal use; and
B. Is subordinate in area, extent or purpose to the principal building and principal use served; and
C. Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
D. Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served. (Ord. 1405 § 2, 1999).
17.08.032 Addition.
“Addition” means:
A. A structure added to the original structure at some time after the completion of the original;
B. An extension or increase in floor area or height of a structure. (Ord. 1405 § 2, 1999).
17.08.033 Adult day care facility.
“Adult day care facility” means an establishment providing for regularly scheduled care and supervision of adults whose age or medical condition warrants such care, and where such care is provided for periods of less than 24 hours. (Ord. 1405 § 2, 1999).
17.08.034 Adult entertainment business.
For the purposes of this title “adult entertainment business(es)” refers to those businesses defined at MMC 5.44.010(A) and (B). (Ord. 1405 § 2, 1999).
17.08.035 Adult family home.
“Adult family home” means a private home to care for up to six residents that is licensed by the Department of Social and Health Services. Licensed providers provide care to functionally disabled adults and the frail elderly. Services provided in an adult family home include room, board, laundry, any required supervision, personal care, and social services. Minimal nursing supervision may be provided in homes operated by a licensed nurse. (Ord. 1405 § 2, 1999).
17.08.036 Adult retirement community.
“Adult retirement community” means a residential development for persons who are at least 55 years of age. Such development may include the following as accessory uses:
A. Social and recreation activities;
B. Communal meal service;
C. Limited health care facilities;
D. Transportation facilities; and
E. Personal services. (Ord. 1405 § 2, 1999).
17.08.038 Adverse impact.
“Adverse impact” means a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-tract property or facilities. (Ord. 1405 § 2, 1999).
17.08.040 Alley.
“Alley” means a public right-of-way which affords a secondary means of access to abutting property, and not intended for general traffic circulation. (Ord. 1405 § 2, 1999).
17.08.050 Amendment, text.
“Text amendment” means a change in the wording, context or substance of this code. (Ord. 1405 § 2, 1999).
17.08.051 Amendment, map.
“Map amendment” means a change in the zone boundaries upon the zoning map. (Ord. 1405 § 2, 1999).
17.08.054 Animal hospital.
“Animal hospital” means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. (Ord. 1405 § 2, 1999).
17.08.060 Apartment.
“Apartment” means one or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing three or more dwelling units. (Ord. 1405 § 2, 1999).
17.08.062 Approved plan.
“Approved plan” means a plan that has been granted final approval by the appropriate approving authority. (Ord. 1405 § 2, 1999).
17.08.063 Assisted living facility.
“Assisted living facility” means an institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood, or adoption. (Ord. 1405 § 2, 1999).
17.08.064 Auction house.
“Auction house” means a place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other. (Ord. 1405 § 2, 1999).
17.08.065 Authorized use.
“Authorized use” means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. (Ord. 1405 § 2, 1999).
17.08.066 Automobile service station.
“Automobile service station” means a facility primarily providing automotive repair and the dispensing of gas and oil directly into vehicles. Car washes are sometimes accessory uses. (Ord. 1405 § 2, 1999).
17.08.067 Automobile wash.
“Automobile wash” means an establishment concerned primarily with providing facilities for cleaning vehicles, either by staff or by the customer using self-service facilities. (Ord. 1405 § 2, 1999).
17.08.068 Automobile, repair.
“Automobile, repair” means a facility primarily engaged in automotive repair and detailing, including the sale and installation of lubricants, tires, batteries, mufflers and similar accessories. (Ord. 1405 § 2, 1999).
17.08.069 Automobile, sales.
“Automobile, sales” means an establishment that provides for the retail selling or leasing of new or used automobiles. (Ord. 1405 § 2, 1999).
17.08.072 Ballfield.
“Ballfield” means an open space for sports events for assemblages of less than 500 spectators. (Ord. 1405 § 2, 1999).
17.08.076 Bed and breakfast.
“Bed and breakfast” means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation, located in a building in which the owners reside on the premises. Bed and breakfast facilities shall contain not more than six guest rooms. (Ord. 1405 § 2, 1999).
17.08.084 Buffer strip.
“Buffer strip” means open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances. (Ord. 1405 § 2, 1999).
17.08.088 Building.
“Building” means any structure having a roof supported by columns or walls, and intended for the shelter, housing or enclosure of any person, animal, process, equipment, goods, or materials of any kind. (Ord. 1405 § 2, 1999).
17.08.090 Building height.
“Building height” means the vertical distance from the curb level, or its equivalent, opposite the center of the front of the building to the highest point of the underside of the ceiling begins 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. (Ord. 1405 § 2, 1999).
17.08.100 Building, principal.
“Principal building” means the building or structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Where a permissible use involves more than one building or structure designed or used for the primary purpose, each such building or other structure shall be construed as comprising a principal building. (Ord. 1405 § 2, 1999).
17.08.110 Building site.
“Building site” means the ground area devoted to a main building and its accessory buildings, or to a group of main buildings and their accessory buildings, together with all yards and open spaces required by this code. (Ord. 1405 § 2, 1999).
17.08.112 Building width.
“Building width” means the shorter of the horizontal measures of the smallest rectangle that can be scribed around a building, excluding eaves, overhangs, chimneys, bays, and areas not fully enclosed. (Ord. 1405 § 2, 1999).
17.08.120 Bulk.
“Bulk” means the term used to indicate the size and setbacks of buildings or structures and their location with respect to one another. (Ord. 1405 § 2, 1999).
17.08.130 Business and commerce.
“Business and commerce” means the purchase, sale or other transaction involving the handling or a disposition of any article, service, substance or commodity for livelihood or profit, or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of buildings, offices, structures and of premises by professions and trades rendering services. (Ord. 1405 § 2, 1999).
17.08.135 Buy-back recycling center.
“Buy-back recycling center” means any small scale business without industrial activity which collects, receives, or buys recyclable materials from household, commercial, or industrial sources for the purpose of sorting, grading, or packaging recyclables for subsequent shipment and marketing. (Ord. 1405 § 2, 1999).
17.08.137 Cargo storage containers.
A standardized, reusable vessel which was:
A. Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or
B. Designed for or capable of being mounted or moved on a rail car; and/or
C. Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. (Ord. 1578 § 1, 2003).
17.08.140 Carport.
“Carport” means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. (Ord. 1661 § 1, 2006; Ord. 1405 § 2, 1999).
17.08.141 Cemetery.
“Cemetery” means property used for interring the dead. (Ord. 1405 § 2, 1999).
17.08.142 Change of use.
“Change of use” means any use which substantially differs from the previous use of a building or premises. A substantially different use is one which is not included in the group
number classification of the previous use, as set forth in the most recent edition of the Standard Industrial Classification Manual. (Ord. 1405 § 2, 1999).
17.08.144 Child care center, family.
“Family child care center” means an establishment providing for regularly scheduled care, supervision and protection of not more than for periods less than 24 hours in a dwelling where such care and supervision is provided by a resident of the dwelling, and where no nonresident is regularly employed. Such establishment shall be subject to licensing and regulation requirements pursuant to Chapter 388-150 WAC. (Ord. 1405 § 2, 1999).
17.08.146 Child care center, commercial.
“Commercial child care center” means an establishment providing for regularly scheduled care, supervision and protection of children for periods less than 24 hours. Such establishment shall be subject to licensing and regulation requirements pursuant to Chapter 388-155 WAC. (Ord. 1405 § 2, 1999).
17.08.150 Church.
“Church” means an establishment the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and including the accessory uses in the main building or in separate buildings or structures including religious educational classrooms, assembly rooms, kitchens, libraries or reading rooms, recreation halls, and one-family dwelling units, but excluding facilities for residence of or training for religious orders. (Ord. 1405 § 2, 1999).
17.08.160 Club or lodge, private.
“Private club or lodge” means a nonprofit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building, or portion thereof, the use of such premises being restricted to members or their guests. (Ord. 1405 § 2, 1999).
17.08.165 Commercial recreation.
“Commercial recreation” means a recreation facility operating as a business and open to the public for a fee. (Ord. 1405 § 2, 1999).
17.08.170 Commission.
“Commission” means the city of Milton planning commission. (Ord. 1405 § 2, 1999).
17.08.171 Composting.
“Composting” means controlled aerobic degradation of organic solid waste, other than sewage sludge, for uses as a soil conditioner. The presence of anaerobic zones within the composting material will not cause the process to be classified as other than composting. Natural decay of organic solid waste under uncontrolled conditions is not composting. (Ord. 1405 § 2, 1999).
17.08.171A Composting facility.
“Composting facility” means an establishment that uses compost organic material to produce a useful, marketable product. Generally it is a solid waste facility specializing in the composting of one or more organics of a known and consistent composition, other than mixed municipal waste, to produce a marketable product for reuse or as a soil conditioner. Feedstocks may include, but are not limited to, yard waste, biosolids, or food waste. (Ord. 1405 § 2, 1999).
17.08.172 Comprehensive plan.
“Comprehensive plan” means the comprehensive plan adopted by the city council for the city of Milton. (Ord. 1405 § 2, 1999).
17.08.180 Conditional use.
“Conditional use” means a use permitted in one or more zones as defined by this code but which, because of characteristics peculiar to each such use, or because of size, technological processes or equipment, or because of the location with reference to surroundings, streets, and existing improvements or demands upon public facilities requires a special degree of control to make such use consistent with and compatible to other existing or permissible uses in the same zone or zones. (Ord. 1405 § 2, 1999).
17.08.190 Conditional use permit.
“Conditional use permit” means the documented evidence of authority granted by the hearing examiner to locate a conditional use at a particular location. Unless otherwise restricted by the terms and conditions at issuance of the conditional use permit, said permit shall run with the land as a overlay zoning district. (Ord. 1405 § 2, 1999).
17.08.200 Conforming building or structure.
“Conforming building or structure” means any building or structure that complies with all regulations of this code governing bulk for the zoning district in which it is located. (Ord. 1405 § 2, 1999).
17.08.210 Conforming lot.
“Conforming lot” means a lot that contains the required width, depth and square footage as specified in the zoning district in which the lot is situated. (Ord. 1405 § 2, 1999).
17.08.220 Conforming use.
“Conforming use” means a use that is listed as an authorized or conditional use in the zoning district in which the use is situated. (Ord. 1405 § 2, 1999).
17.08.225 Contractor yard.
“Contractor yard” means an area for construction or contracting business offices and the interior or outdoor storage, repair, or maintenance of heavy equipment, vehicles, and construction supplies and materials. (Ord. 1405 § 2, 1999).
17.08.230 Council.
“Council” means the Milton city council. (Ord. 1405 § 2, 1999).
17.08.234 Convenience store.
“Convenience store” means a retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods for off-site consumption. The retail sale or dispensing of gasoline and related products may also be included. (Ord. 1405 § 2, 1999).
17.08.242 Density, gross.
“Gross density” means the number of dwelling units allowed per acre of land, before land required for roadway dedication, or wetland or critical area protection, or related purposes, is considered. (Ord. 1405 § 2, 1999).
17.08.244 Density, net.
“Net density” means the number of dwelling units allowed per acre of land, after land required for roadway dedication, or wetland or critical area protection, or related purposes, is considered. (Ord. 1405 § 2, 1999).
17.08.250 Dwelling.
“Dwelling” means a building, or portions thereof, designed or used exclusively for residential occupancy including one-family dwellings, two-family dwellings and multifamily dwellings, but not including hotels, motels, or lodging houses. (Ord. 1405 § 2, 1999).
17.08.260 Dwelling, multifamily.
“Multifamily dwelling” means a building designed exclusively for occupancy by three or more families living separately from each other and containing three or more dwelling units. (Ord. 1405 § 2, 1999).
17.08.270 Dwelling, single-family.
“Single-family dwelling” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. A single-family dwelling unit shall measure not less than 15 feet in width; it shall have a roof with a pitch of not less than three feet in 12; and it shall be set on a permanent perimeter foundation.
Roofs with a pitch of less than three feet in 12 may be permitted on buildings of more than one story. (Ord. 1405 § 2, 1999).
17.08.280 Dwelling, two-family.
“Two-family dwelling” means a building designed exclusively for occupancy by two families living separately from each other and containing two dwelling units. (Ord. 1405 § 2, 1999).
17.08.290 Dwelling unit.
“Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation but not for more than one family. (Ord. 1405 § 2, 1999).
17.08.291 Electric transmission substation.
“Electric transmission substation” means a facility that is moderate in size that serves the electrical needs of a sub-area by converting current into a usable form for household, commercial, and industrial uses. (Ord. 1405 § 2, 1999).
17.08.295 Espresso stand.
“Espresso stand” means an establishment that offers for sale espresso or other coffee beverages with or without drive-through facilities. (Ord. 1405 § 2, 1999).
17.08.300 Establishment, business or commercial.
“Business or commercial establishment” means a place of business carrying on an operation, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot and where access is separate and distinct from access to any other establishment. (Ord. 1405 § 2, 1999).
17.08.305 Facility or facilities.
“Facility” or “facilities” means all contiguous land, including “buffer zones” and structures, other appurtenances and improvements. (Ord. 1405 § 2, 1999).
17.08.307 Family.
“Family” means one or more persons related by blood, marriage, adoption or a group of not more than five persons (excluding servants) not related by blood or marriage living together as a single housekeeping unit in a dwelling unit. More than five unrelated persons may be construed as a family if necessary to comply with state or federal statutory or constitutional requirements, such as the federal Fair Housing Act. (Ord. 1579 § 1, 2003).
17.08.310 Fence.
“Fence” means that which is built, constructed or grown, or composed of parts joined together of material in some definite manner in which the prime purpose is to separate, divide, partition, enclose or screen a parcel or parcels of land. (Ord. 1405 § 2, 1999).
17.08.315 Flea market.
“Flea market” means an occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public. (Ord. 1405 § 2, 1999).
17.08.320 Floor area.
“Floor area,” for determining floor area ratio, means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior walls, or the centerline of walls separating two buildings. Included shall be basement floor area when more than one-half of the basement height is above the finished lot grade level, stairwells, elevator shafts, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses. Not to be included is space devoted to off-street parking or loading.
For determining off-street parking and loading requirements, it means the sum of the gross horizontal areas of the several floors of a building, or portion thereof, devoted to such use, including basement floor area used for retailing activities, to the production or processing of goods, or to business or professional offices. Not to be included is floor area devoted to off-street parking or loading facilities such as aisles, ramps, stalls, and maneuvering space. (Ord. 1405 § 2, 1999).
17.08.330 Floor area ratio (FAR).
“Floor area ratio (FAR)” means the floor area of the building or the buildings on a zoning lot divided by the area of the zoning lot. In the case of a planned development, it is the total floor area of the buildings divided by the total site area. (Ord. 1405 § 2, 1999).
17.08.331 Freight terminal, truck.
“Freight terminal, truck” means a facility that allows for the distribution and transfer of general wholesale goods between local to regional markets by means of trucks of varying sizes. (Ord. 1405 § 2, 1999).
17.08.332 Fuel storage tank, above ground.
“Fuel storage tank, above ground” means a facility that stores fuels in an approved container above ground. (Ord. 1405 § 2, 1999).
17.08.333 Fuel storage tank, underground.
“Fuel storage tank, underground” means a facility that stores fuels in an approved container below ground. (Ord. 1405 § 2, 1999).
17.08.340 Garage, private.
“Private garage” means an accessory building or an accessory portion of the main building enclosed on all sides and designed or used only for the shelter or storage of vehicles owned or operated only by the occupants of the main building or buildings. (Ord. 1405 § 2, 1999).
17.08.350 Garage, public.
“Public garage” means a building or structure other than a private garage, used for the care, repair or storage of automobiles, or where vehicles are kept for remuneration, hire or sale. (Ord. 1405 § 2, 1999).
17.08.352 Garage, repair.
“Repair garage” means any building or premises upon or within which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted. (Ord. 1405 § 2, 1999).
17.08.356 Golf and athletic facility.
“Golf and athletic facility” means an establishment that provides the facilities necessary for the playing of golf, including links, putting greens, and driving ranges. It may include a clubhouse and supporting facilities. (Ord. 1405 § 2, 1999).
17.08.360 Grade, lot.
“Lot grade” means the average finished ground level at the center of all exposed walls of a building. In case walls are parallel to and within five feet of a sidewalk, the aboveground level shall be measured at the sidewalk. (Ord. 1405 § 2, 1999).
17.08.362 Greenhouses, private and noncommercial.
“Private and noncommercial greenhouse” means a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for personal enjoyment. (Ord. 1405 § 2, 1999).
17.08.364 Grocery store.
“Grocery store” means establishments engaged in the retail sale of a variety of canned and dry foods, fresh fruits and vegetables, or meats, poultry, and fish, and may include a variety of disposable nonfood products. (Ord. 1405 § 2, 1999).
17.08.366 Group home.
“Group home” means living accommodations for related or unrelated individuals with special needs who share a single-family detached dwelling unit. Individuals may be provided with a combination of personal care, social or counseling services, and transportation. (Ord. 1405 § 2, 1999).
17.08.370 Guest, permanent.
“Permanent guest” means a person who occupies, or has the right to occupy, a hotel, motel or apartment hotel accommodation for a period of 30 days or more. (Ord. 1405 § 2, 1999).
17.08.372 Hardware store.
“Hardware store” means an establishment primarily engaged in the retail sale of basic hardware lines, such as tools, builders’ hardware, paint, and glass. Retail sales of nursery, lawn and garden supplies, and lumber may be an accessory use to hardware stores. Utilization of outdoor areas for display and storage purpose may occur as an accessory use. (Ord. 1405 § 2, 1999).
17.08.374 Health club.
“Health club” means an establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, saunas, showers, massage rooms and lockers. Health clubs may sell sporting goods and clothing as an accessory use. (Ord. 1405 § 2, 1999).
17.08.376 Heliport.
“Heliport” means an area, either at ground level or elevated on a structure, licensed by the Federal Aviation Agency and approved for the loading, landing, and takeoff of helicopters and including auxiliary facilities, such as parking, fueling, maintenance, and waiting areas. (Ord. 1405 § 2, 1999).
17.08.380 Home occupation.
“Home occupation” means the use of a dwelling unit in which the occupant lives and is engaged in his/her profession or trade entirely within the confines of the dwelling unit and/or accessory structure. Home occupations are incidental and accessory to the principal residential use. (Ord. 1579 § 2, 2003; Ord. 1405 § 2, 1999).
17.08.385 Horticultural nursery, wholesale and retail.
“Horticultural nursery” means land or greenhouses used to raise flowers, shrubs, and plants for sale. (Ord. 1405 § 2, 1999).
17.08.390 Hospital.
“Hospital” means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by state law, but not including those specializing in treatment of nervous or mental disorders or drug or alcohol abuse. (Ord. 1405 § 2, 1999).
17.08.400 Hotel.
“Hotel” means a facility offering transient lodging accommodations to the general public, and which may provide such additional services as restaurants, meeting rooms, entertainment and recreational facilities. (Ord. 1405 § 2, 1999).
17.08.404 Impervious surface.
“Impervious surface” means any material that prevents the absorption of storm water into the ground. (Ord. 1405 § 2, 1999).
17.08.406 Industry, light.
“Light industry” means industrial uses which meet the performance standards, bulk controls, use restrictions and other requirements set forth in this chapter. (Ord. 1405 § 2, 1999).
17.08.408 Inn.
“Inn” means a facility containing six or fewer guest rooms, offering accommodations for transient lodging and feeding. (Ord. 1405 § 2, 1999).
17.08.425 Land use administrator.
The planning and community development director of the city shall serve as “land use administrator.” The mayor may also designate an acting land use administrator who shall have all of the duties and powers of the land use administrator in the absence of or inability of the land use administrator to act. (Ord. 1663 § 16, 2006; Ord. 1484 § 3, 2001; Ord. 1405 § 2, 1999).
17.08.427 Landfill.
“Landfill” means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility. (Ord. 1405 § 2, 1999).
17.08.440 Livestock.
“Livestock” means horses, bovine animals, sheep, goats, swine, donkeys, or mules. In zones where allowed, the keeping of livestock shall be limited to one animal per acre of land. (Ord. 1405 § 2, 1999).
17.08.450 Lot.
“Lot” means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed or built upon. (Ord. 1405 § 2, 1999).
17.08.460 Lot, corner.
“Corner lot” means a lot situated at the intersection of two streets. For purposes of calculating setback requirements, a corner lot has two front yards, two side yards, and no rear yard. (Ord. 1405 § 2, 1999).
17.08.464 Lot coverage.
“Lot coverage” means that portion of the lot which is covered by buildings and other impervious surfaces. (Ord. 1405 § 2, 1999).
17.08.470 Lot depth.
“Lot depth” means the average perpendicular distance between the front lot line and the rear lot line measured within the lot boundaries. (Ord. 1405 § 2, 1999).
17.08.480 Lot, interior.
“Interior lot” means a lot other than a corner lot. (Ord. 1405 § 2, 1999).
17.08.488 Lot line.
“Lot line” means a line of record bounding a lot that divides one lot from another lot, or from a public street or any other public space. (Ord. 1405 § 2, 1999).
17.08.490 Lot line, front.
“Front lot line” means that lot line which is along an existing or designated public street, or, where no public street exists, along a public way. (Ord. 1405 § 2, 1999).
17.08.500 Lot line, rear.
“Rear lot line” means the lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly-shaped lots, a line not less than 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
In no case shall the application of the above be interpreted as permitting a main building to locate closer than 7.5 feet to any property line. (Ord. 1405 § 2, 1999).
17.08.510 Lot line, side.
“Side lot line” means any lot line which is not a front or a rear lot line. (Ord. 1405 § 2, 1999).
17.08.514 Lot, nonconforming.
“Nonconforming lot” means a lot that has less than the minimum area or minimum dimensions required in the zone in which the lot is located, but which was in conformance with applicable zoning regulations at the time which the lot was created. (Ord. 1405 § 2, 1999).
17.08.520 Lot of record.
“Lot of record” means an area of land designated as a lot on a plat or a subdivision recorded or registered, pursuant to statute, with the auditor of Pierce or King County. (Ord. 1405 § 2, 1999).
17.08.524 Lot, substandard.
“Substandard lot” means a parcel of land that has less than the minimum area or minimum dimensions required in the zone in which the lot is located. (Ord. 1405 § 2, 1999).
17.08.530 Lot, through.
“Through lot” means a lot having two opposite lot lines abutting public streets which are usually more or less parallel to each other, not a corner lot. Both lot lines abutting streets shall be deemed front lot lines. (Ord. 1405 § 2, 1999).
17.08.540 Lot width.
“Lot width” means the horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot at a point midway between the lot front line and the lot rear line. (Ord. 1405 § 2, 1999).
17.08.542 Lot width, corner.
“Corner lot width” means the shorter of the horizontal distances measured between each lot front line and its opposing lot side line. (Ord. 1405 § 2, 1999).
17.08.550 Lot, zoning.
“Zoning lot” means a single tract of land located within a single block, which at the time of filing for a building permit is designated by its owner or developer as a tract to be used, developed or built upon a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. (Ord. 1405 § 2, 1999).
17.08.552 Lumber yard.
“Lumber yard” means an establishment primarily engaged in selling lumber and a gen-
eral line of building materials, nursery, lawn, and garden supplies to the public. General line of building materials may include rough and dressed lumber, flooring, molding, doors, frames, roofing, siding, shingles, wallboards, paint, brick, tile, and cement. (Ord. 1405 § 2, 1999).
17.08.554 Manufactured housing.
“Manufactured housing” means factory-built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Section 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) code.
Manufactured housing which meets the definition of a single-family dwelling as set forth in MMC 17.08.270 is allowed in all zones where single-family homes are permitted as an authorized use. (Ord. 1405 § 2, 1999).
17.08.560 Medical-dental clinic.
“Medical-dental clinic” means a building or group of buildings designed for the use of and occupied and used by physicians and dentists and others engaged professionally in such healing arts for humans as are recognized by the laws of the state, and including the installation and use of therapeutic equipment, x-ray equipment or laboratories, chemical, biochemical, and biological laboratories used as direct accessories to the medical-dental profession; dental laboratories, including facilities for the making of dentures on prescription; pharmacies, limited to the retail dispensing of pharmaceutical and sick-room supplies (but not room or orthopedic equipment); provided there shall be no exterior display windows or signs pertaining to such accessory uses, other than a directory sign. (Ord. 1405 § 2, 1999).
17.08.580 Mobile home lot.
“Mobile home lot” means a plainly marked plot of ground within a mobile home park designed to accommodate one manufactured house. (Ord. 1405 § 2, 1999).
17.08.590 Mobile home park.
“Mobile home park” means any platted parcel of land 15 acres or greater, containing spaces with required improvements and utilities that are leased for the long-term placement of manufactured houses. (Ord. 1405 § 2, 1999).
17.08.600 Mobile home park thoroughfare.
“Mobile home park thoroughfare” means a driving area for general use within the mobile home park, no less than 30 feet in width. (Ord. 1405 § 2, 1999).
17.08.601 Mortuary.
“Mortuary” means an establishment that provides services for the preparation of deceased individuals for burial or cremation and may include rooms for remembrance services. (Ord. 1405 § 2, 1999).
17.08.610 Motel.
“Motel” means an establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. (Ord. 1405 § 2, 1999).
17.08.611 Motor vehicle impound yard in enclosed building.
“Motor vehicle impound yard in enclosed building” means a facility that provides for the temporary impoundment and storage of motor vehicles within a building. (Ord. 1405 § 2, 1999).
17.08.615 Nonautomotive, motor vehicle and related equipment sales, rental, repair and service.
“Nonautomotive, motor vehicle and related equipment sales, rental, repair and service” means establishments or places of business engaged in the sales, leasing, or service of trucks, motorcycles, recreational vehicles, and boats; or heavy equipment and supplies related to motor vehicles; and self-moving or commercial moving services. (Ord. 1405 § 2, 1999).
17.08.620 Nonconforming building or structure.
“Nonconforming building or structure” means any building or structure:
A. The size, location or dimensions of which was lawful prior to the adoption, revision or amendment to this zoning code, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of this code; or
B. Is designed or intended for a nonconforming use. (Ord. 1405 § 2, 1999).
17.08.622 Nonconforming use.
“Nonconforming use” means a use or activity that was lawful prior to the adoption, revision or amendment to this zoning code, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of this code. (Ord. 1405 § 2, 1999).
17.08.636 Open space.
“Open space” means any parcel, lot or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment; or, for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open space. (Ord. 1405 § 2, 1999).
17.08.638 Open space, common.
“Common open space” means land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents and their guests of the development. Such common open space may include such complementary structures and improvements as are necessary and appropriate. (Ord. 1405 § 2, 1999).
17.08.640 Outdoor advertising display.
“Outdoor advertising display” means any card, paper, cloth, metal, glass, wooden, or other display or device of any kind or character which is placed, painted, or printed for outdoor advertising purposes on the ground or on any tree, wall, rock, structure, fence or other object. This form of advertising is intended to be temporary in nature and differs from the definition of a sign in that respect. (Ord. 1405 § 2, 1999).
17.08.644 Outdoor storage.
“Outdoor storage” means the keeping, in an unenclosed area, of any goods, material, merchandise, vehicles, or junk in the same place for more than 24 hours. Registered motor vehicles and furnishings maintained in good repair are specifically excluded from this definition. (Ord. 1405 § 2, 1999).
17.08.650 Parking area, private.
“Private parking area” means an open area other than a street, alley, or other public property limited to the parking of automobiles for the exclusive use of the owners, tenants, lessees, or occupants of the lot on which the parking area is located, or their customers, employees, or whomever else they permit to use the parking area. (Ord. 1405 § 2, 1999).
17.08.660 Parking area, public.
“Public parking area” means an open area other than a street, alley, or private parking area as defined in this chapter, either privately or publicly owned, which area is available to the public and used for the parking of more than five automobiles. (Ord. 1405 § 2, 1999).
17.08.670 Pasture.
“Pasture” means an area confined within a fence or other physical barrier and used for grazing or roaming of livestock. (Ord. 1405 § 2, 1999).
17.08.675 Permitted uses.
“Permitted uses” means uses authorized or allowed outright not requiring hearing examiner or city council approval. (Ord. 1405 § 2, 1999).
17.08.680 Person.
“Person” means an individual, firm, partnership, association or corporation; or a state, or any political subdivision of a state, or any agency or instrumentality thereof. (Ord. 1405 § 2, 1999).
17.08.682 Personal services.
“Personal services” means establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. (Ord. 1405 § 2, 1999).
17.08.690 Pet shop.
“Pet shop” means an establishment dealing in buying and selling small animals and birds; provided no boarding or veterinary services are rendered except bathing and clipping of dogs and cats. (Ord. 1405 § 2, 1999).
17.08.694 Planning commission.
“Planning commission” means the planning commission of the city of Milton. (Ord. 1405 § 2, 1999).
17.08.695 Plumbing supply yard.
“Plumbing supply yard” means an establishment providing plumbing supplies for retail and wholesale customers. (Ord. 1405 § 2, 1999).
17.08.696 Post office, branch or contract station.
“Branch or contract station post office” means postal facilities serving neighborhood markets. (Ord. 1405 § 2, 1999).
17.08.698 Post office, distribution center or terminal.
“Distribution center or terminal post office” means postal facilities serving regional markets. (Ord. 1405 § 2, 1999).
17.08.699 Printing establishment.
“Printing establishment” means a facility that provides a range of reprographic services to retail and wholesale customers. (Ord. 1405 § 2, 1999).
17.08.700 Professional offices.
“Professional offices” means offices used as a place of business conducted by persons engaged in recognized professions, and others whose business activities consist chiefly of services to the person as distinguished from the handling of commodities; does not include offices in which the main activity is the sale, rent, lease, exchange or development of land, buildings or improvements. (Ord. 1405 § 2, 1999).
17.08.703 Public park.
“Public park” means a public owned and maintained facility that provides for the recreational needs of local or regional residents. (Ord. 1405 § 2, 1999).
17.08.710 Public utility.
“Public utility” means a private corporation performing a public service and subject to special governmental regulations, or a governmental agency performing a similar public service, the services by either of which are paid for directly by individual recipients of such service which includes, but is not limited to, water supply, electric power, gas, sewer service, and transportation of persons and freight recorded, filed for record with the auditor of either Pierce or King County, state of Washington. (Ord. 1405 § 2, 1999).
17.08.711 Public utility facility.
“Public utility facility” means facilities serving a sub-area, entire city or region including power substations, water transmission lines, wireless base station, sewer collectors and pump stations, switching stations, gas transmission lines, water storage tanks and similar structures. (Ord. 1405 § 2, 1999).
17.08.711A Public utility service yard.
“Public utility service yard” means facilities that provide for the maintenance, service, and storage of materials and vehicles used for use by a public utility. (Ord. 1405 § 2, 1999).
17.08.711B Recreational use, commercial, including a tennis club and similar activities.
“Recreational use, commercial, including a tennis club and similar activities” means a recreational use maintained and operated by a nonprofit club, or an organization whose membership is for a specified group. (Ord. 1405 § 2, 1999).
17.08.711C Recreational center privately operated.
“Recreational center privately operated” means a facility that provides recreational opportunities that is privately owned and operated. (Ord. 1405 § 2, 1999).
17.08.712 Recyclable materials.
“Recyclable materials” means solid wastes that are separated for recycling or reuse, such as papers, metals and glass, that are identified as recyclable material pursuant to the applicable county comprehensive solid waste plan. (Ord. 1405 § 2, 1999).
17.08.713 Recycling collection point.
“Recycling collection point” means an accessory use that serves as a neighborhood drop-off point for temporary storage of recyclables. No processing of recyclables takes place at a recycling collection point. (Ord. 1405 § 2, 1999).
17.08.714 Recycling processing center.
“Recycling processing center” means a facility for transforming or remanufacturing recyclable materials into usable or marketable materials for use other than landfill disposal or incineration. (Ord. 1405 § 2, 1999).
17.08.720 Residence.
“Residence” means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings. The term “residence” includes the term “residential” as referring to the type, or intended use, of a building. (Ord. 1405 § 2, 1999).
17.08.730 Rest home or nursing home.
“Rest home” or “nursing home” means a private home or institution operated similarly to a boardinghouse for the care of children, the aged or the infirm, or a place of rest and care for those suffering bodily disorders; such home does not contain equipment for the surgical care or for the treatment of diseases or injury. (Ord. 1405 § 2, 1999).
17.08.734 Restaurant.
“Restaurant” means an establishment where food and drink are prepared, served and consumed primarily within the principal building. (Ord. 1405 § 2, 1999).
17.08.736 Restaurant, drive-through.
“Drive-through restaurant” means a restaurant where all or a portion of the food and drink is prepared for consumption off the premises, and where the ordering and pickup of food may take place from an automobile. (Ord. 1405 § 2, 1999).
17.08.738 Retail sales.
“Retail sales” means establishments engaged in selling goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such goods. (Ord. 1405 § 2, 1999).
17.08.740 Retaining wall.
“Retaining wall” means any wall used to resist the lateral displacement of any material. (Ord. 1405 § 2, 1999).
17.08.745 Rodeo.
“Rodeo” means a public competition or exhibition in which skills such as riding broncos or roping calves are displayed. (Ord. 1405 § 2, 1999).
17.08.750 Roof.
“Roof” means a structure covering any portion of a building or structure, including the projections beyond the walls or supports. (Ord. 1405 § 2, 1999).
17.08.751 Sanitarium.
“Sanitarium” means an establishment that provides for medium to long range health care. (Ord. 1405 § 2, 1999).
17.08.752 School, elementary.
“Elementary school” means any school licensed by the state and that meets the state requirements for elementary education. (Ord. 1405 § 2, 1999).
17.08.753 School, private.
“Private school” means any building or group of buildings the use of which meets state requirements for elementary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency. (Ord. 1405 § 2, 1999).
17.08.754 School, secondary.
“Secondary school” means any school licensed by the state and that is authorized to award diplomas for secondary education. (Ord. 1405 § 2, 1999).
17.08.756 Self-service storage facility.
“Self-service storage facility” means a structure containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time. (Ord. 1405 § 2, 1999).
17.08.760 Service station.
See “vehicle repair”. (Ord. 1405 § 2, 1999).
17.08.764 Setback line.
“Setback line” means that line that is the required minimum distance from any lot line and that establishes the area within which the principal structure must be erected or placed.
Setback lines abutting street frontages shall be measured after any dedication which may be required in conformance with MMC 12.24.030. (Ord. 1405 § 2, 1999).
17.08.766 Sewage treatment plant.
“Sewage treatment plant” means facilities used to treat any liquid or waterborne waste of domestic origin or a combination of domestic, commercial, or industrial origin, and which by its design requires the presence of an operator for its operation, including alternative treatment works and package treatment plants. (Ord. 1405 § 2, 1999).
17.08.770 Sign.
“Sign” means a name, identification, description, display, or illustration which is affixed to or reproduced directly or indirectly upon a building, structure, or piece of land and which is used to advertise, identify, display, attract or direct attention to an event, object, product, place, activity, person, institution, organization, or business by any means including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. (Ord. 1405 § 2, 1999).
17.08.780 Sign, advertising.
“Advertising sign” means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is located. (Ord. 1405 § 2, 1999).
17.08.785 Sign, attached.
“Attached sign” means a sign which is attached or affixed to a building. (Ord. 1405 § 2, 1999).
17.08.790 Sign, business.
“Business sign” means a sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises where the sign is located. (Ord. 1405 § 2, 1999).
17.08.794 Sign, freestanding.
“Freestanding sign” means a nonmovable sign which is not fixed to a building. (Ord. 1405 § 2, 1999).
17.08.796 Similar use.
“Similar use” means a use deemed by the land use administrator as similar in character to uses specifically cited in Chapter 17.14 MMC. In making a determination that a use is similar to one specifically cited in Chapter 17.14 MMC, the land use administrator must find that the trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs, and clientele characteristics of the use differ no more than 10 percent from the characteristics of the use specifically cited in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.08.798 Site plan.
“Site plan” means a development plan, pursuant to Chapter 17.62 MMC, for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings, whether principal or accessory; signs and lighting; berms, buffers and screening devices; surrounding development or land uses; and any other information which reasonably may be required in order that an informed decision can be made by the planning commission regarding the suitability or appropriateness of the proposed development. (Ord. 1405 § 2, 1999).
17.08.800 Solid waste.
“Solid waste” means all putrescible and nonputrescible solid and semi-solid waste including, but not limited to, garbage, rubbish, ashes, industrial waste, commercial waste, swill, sewage sludge, demolition and construction waste, abandoned vehicles or parts thereof, discarded commodities and recyclable materials. (Ord. 1405 § 2, 1999).
17.08.801 Special use.
“Special use” refers to a land use which by way of its citation, or similarity to a citation, in Chapter 17.42 MMC, requires hearing examiner approval. Unless otherwise restricted by the terms and conditions at issuance of the special use permit, said permit shall run with the land as a overlay zoning district. (Ord. 1405 § 2, 1999).
17.08.802 Sports arena.
“Sports arena” means an enclosed building with tiered seating for the observation of sports events and other spectacles by assemblages of over 500 spectators. (Ord. 1405 § 2, 1999).
17.08.805 Stable, private arena.
“Stable, private arena” means a detached accessory building kept for the shelter and feeding of domestic animals, especially horse and cattle, owned by the occupants of the premises, and in which no animals are kept for hire, remuneration or sale. (Ord. 1405 § 2, 1999).
17.08.807 Stadium.
“Stadium” means an open structure for sports events with tiered seating for assemblages of over 500 spectators. (Ord. 1405 § 2, 1999).
17.08.810 Street.
“Street” means a public right-of-way which affords a primary means of access to abutting property. (Ord. 1405 § 2, 1999).
17.08.820 Structural alteration.
“Structural alteration” means any change in the supporting members of a building or structure such as foundation, bearing walls, columns, beams, floor or floor joists, girders or rafters, or changes in the external dimensions of the building or structure, or increase in floor space. (Ord. 1405 § 2, 1999).
17.08.830 Structure.
“Structure” means anything constructed in the ground, or anything erected which requires location on the ground, or is attached to something having location on or in the ground, but not including fences less than six feet in height, driveways, or other paved areas. (Ord. 1405 § 2, 1999).
17.08.831 Studio.
“Studio” means the workshop of an artist, sculptor, photographer, or craftsperson or a place for the production of radio or television programming. (Ord. 1405 § 2, 1999).
17.08.832 Substantial change in use.
“Substantial change in use” means a use deemed by the land use administrator as substantially different in character to the use previously existing on the site. In making a determination that a use is a substantial change in use, the land use administrator must find that the trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs, and clientele characteristics of the use differ more than 10 percent from the characteristics of the use previously existing on the site. (Ord. 1405 § 2, 1999).
17.08.832A Surface mining.
“Surface mining” means a facility that provides for the removal and basic processing of gravel for commercial use. (Ord. 1405 § 2, 1999).
17.08.833 Swimming pool, commercial.
“Commercial swimming pool” means a water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used, and maintained for the swimming and bathing use of commercial patrons. (Ord. 1405 § 2, 1999).
17.08.834 Tavern.
“Tavern” means an establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use. (Ord. 1405 § 2, 1999).
17.08.836 Theater, enclosed.
“Enclosed theater” means a building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or other live performances. (Ord. 1405 § 2, 1999).
17.08.840 Trailer, vehicle.
“Vehicle trailer” means a vehicle without motor power designed to be drawn by motor vehicles and to be used for human habitation, or for carrying persons and property, including a trailer coach and any self-propelled vehicle having a body designed or converted to the same uses as a vehicle trailer without motor power. (Ord. 1405 § 2, 1999).
17.08.842 Transfer station solid waste facility.
“Transfer station solid waste facility” means a facility that provides for the collection of solid waste and the transfer of such waste to its final disposal location. (Ord. 1405 § 2, 1999).
17.08.845 Transit facility, bus barn, park-and-ride lot, transit station.
“Transit facility, bus barn, park-and-ride lot, transit station” means facilities that provide for the uses that support a regional transportation system. (Ord. 1405 § 2, 1999).
17.08.860 Use.
“Use” means the purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained, and includes any manner of performance of such activity with respect to the performance standards of this zoning code. (Ord. 1405 § 2, 1999).
17.08.880 Use, principal.
“Principal use” means the main use of land or buildings as distinguished from a subordinate or accessory use. (Ord. 1405 § 2, 1999).
17.08.890 Variance.
“Variance” means an adjustment in the application of the specific bulk, dimensional, or density regulations of this code to a particular parcel of property which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone, and which adjustment remedies the disparity in privileges. (Ord. 1405 § 2, 1999).
17.08.891 Vehicle, motor.
“Motor vehicle” means a self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle or an unlicensed off-road recreational vehicle. A motor vehicle may include light trucks or vans, motorcycles, trailers, or recreation vehicles. (Ord. 1405 § 2, 1999).
17.08.892 Vehicle, off-road.
“Off-road vehicle” means a vehicle designed for use on a variety of nonimproved surfaces and including dune buggies and all-terrain vehicles, snowmobiles, trail bikes, mopeds, and motor bikes. (Ord. 1405 § 2, 1999).
17.08.893 Vehicle sales.
“Vehicle sales” means the use of any structure or premises for the display or sale of new or used motor or off-road vehicles, automobiles generally but may include light trucks or vans, motorcycles, trailers, or recreation vehicles, and including any vehicle preparation or repair work conducted as an accessory use. (Ord. 1405 § 2, 1999).
17.08.895 Vehicle repair.
“Vehicle repair” means the use of any structure or premises for the retail dispensing or sales of vehicular fuels; servicing and repair of motor or off-road vehicles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories. (Ord. 1405 § 2, 1999).
17.08.896 Vehicle wash.
“Vehicle wash” means any building or premises or portions thereof used for washing automobiles, motor or off-road vehicles. (Ord. 1405 § 2, 1999).
17.08.898 Vocational school.
“Vocational school” means secondary or higher education primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility. (Ord. 1405 § 2, 1999).
17.08.899 Warehouse.
“Warehouse” means a building used for the indoor storage of goods. (Ord. 1405 § 2, 1999).
17.08.900 Yard.
“Yard” means an open space on a zoning lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in the permitted intrusions in required yards in this code. A yard extends along and at right angles to a lot line to a depth or width specified in the yard regulations for the zoning district in which the zoning lot is located. (Ord. 1405 § 2, 1999).
17.08.910 Yard, front.
“Front yard” means a yard that extends along the full length of the front lot line, between the two side lot lines and to the closest residential or commercial structure on the same lot. (Ord. 1405 § 2, 1999).
17.08.920 Yard, rear.
“Rear yard” means a yard that extends along the full length of the rear lot line, between the two side lot lines and to the closest residential or commercial structure on the same lot. (Ord. 1405 § 2, 1999).
17.08.930 Yard, side.
“Side yard” means a yard that extends along a side lot line from the front yard to the rear yard, between the side lot line and to the closest residential or commercial structure on the same lot. (Ord. 1289 § 4, 1995).
17.08.935 Yard waste.
“Yard waste” means grass clippings, leaves, weeds, and prunings six inches or less in diameter. (Ord. 1405 § 2, 1999).
17.08.936 Yard waste composting.
“Yard waste composting” means the controlled aerobic degradation of yard waste only, for uses as a soil conditioner. The presence of anaerobic zones within the composting yard waste will not cause the process to be classified as other than composting. Natural decay of yard waste under uncontrolled conditions is not yard waste composting. (Ord. 1405 § 2, 1999).
17.08.940 Zone.
“Zone” means an area accurately defined as to boundaries and location, and classified by the zoning ordinance as available for certain types of uses, and within which other types of uses are excluded. (Ord. 1405 § 2, 1999).
17.08.950 Zoning administrator.
“Zoning administrator” means the planning and community development director of the city of Milton, or his or her designee. (Ord. 1663 § 17, 2006; Ord. 1484 § 4, 2001; Ord. 1405 § 2, 1999).
Chapter 17.12
DISTRICTS GENERALLYSections:
17.12.010 Classifications designated.
17.12.020 Zoning map adopted.
17.12.030 Changes in boundaries.
17.12.040 Limitation of land use.
17.12.050 Uncertainty of boundaries.
17.12.010 Classifications designated.
For the purpose of this code, the city is divided into eight zoning classifications, as follows:
Abbreviated Chapter
Zone Classifications Designation
17.20 Residential Single-Family District RS
17.22 Residential Moderate Density District RMD
17.24 Residential Multifamily District RM
17.28 Business District B
17.30 Mixed Use Town Center District MX
17.32 Community Facilities District CF
17.36 Light Manufacturing District M-1
17.38 Planned Development District PD
17.41 Open Space District OS
(Ord. 1405 § 2, 1999).
17.12.020 Zoning map adopted.
The zoning map designated Milton Zoning Map 1995, as amended by the Milton Zoning Map 1999, is hereby adopted and made a part of this code as though attached to this chapter, showing the location and the boundaries of the various zoning districts in Milton shall be the official zoning map of Milton and is an integral part of this zoning code. The boundaries and location of the various zoning districts in Milton shall be as shown on the zoning map. The Milton Zoning Map 1995, as amended by the Milton Zoning Map 1999, is on file with the city. (Ord. 1405 § 2, 1999).
17.12.030 Changes in boundaries.
A. Changes in the boundaries of the zones shall be made by adopting an amended zoning map, or part of the map, which amended map or part so adopted shall become a part of this code.
B. No changes in the boundaries of any zone shall be approved unless such change is found to be in compliance with the comprehensive plan. (Ord. 1405 § 2, 1999).
17.12.040 Limitation of land use.
Except as provided in this code, no building or structure shall be erected, reconstructed, or structurally altered, nor shall any building, structure, or land be used for any purpose except as specifically provided and allowed in this title in the same zone in which the building, land, or use is located. (Ord. 1405 § 2, 1999).
17.12.050 Uncertainty of boundaries.
When uncertainty exists as to the boundaries of zones as indicated on the official zoning map, the following rules shall apply:
A. Boundaries shown as approximately following the centerlines of streets, alleys or highways shall be construed as following such centerlines.
B. Boundaries indicated as approximately following lot lines shall be construed as following such lot lines.
C. Distances not specifically indicated on the official zoning map shall be determined by applying the scale of the map.
D. Where a zone boundary line is parallel, or approximately parallel, to a street and divides a lot or property in single ownership having street frontage in a less restrictive zone, the provisions applicable to the less restrictive zone may be extended to the entire lot, but in no case for a distance of more than 25 feet. Where the zone boundary line divides a lot having street frontage only in a more restrictive zone, the provisions of this title covering the more restrictive portion of the lot shall extend to the entire lot.
E. Where a zone boundary line divides a lot of single ownership and the line is at right angles or approximately at right angles to the street, highway or place upon which the lot fronts, the provisions of this title applicable in the less restrictively zoned portion of the lot may be extended to the entire lot or for a distance of 25 feet from the zone boundary line, whichever is the lesser distance. (Ord. 1405 § 2, 1999).
Chapter 17.14
Description of Use
RS
RM
RMD
MX
B
M-1
CF
OS
Residential Use Category
Accessory apartment
acc1
acc
acc
acc
Accessory structure larger than principal building
cup
Adult day care facility
cup
au
au
au
Adult family home
au
au
au
au
Adult retirement community
au
au
au
Apartment
au
cup
au
Assisted living facility
cup
cup
cup
Carport
acc
acc
acc
acc
Dwelling, multifamily
au
cup
au
Dwelling, single-family
au
au
au
au
Dwelling, two-family
au2
au
au
au
Garage, private
acc
acc
acc
acc
acc
acc
Group homes
cup
au
cup
au
Mobile home park
cup
cup
cup
Parking area, private
acc
acc
acc
acc
acc
acc
Swimming pool, private
acc
acc
acc
acc
Commercial Use Category
Adult entertainment business
cup
Ambulance service
au
au
au
Amusement parks
su2
su2
su2
su2
su2
Animal hospital
au
au
Auction house/barn (no vehicle or livestock)
au
au
Automobile service station
cup
au
au
Automobile wash
au
au
Automobile, repair
au
au
Automobile, sales
au
au
Banks, savings and loan association
au
au
Beauty/barber shop
cup
au
au
Bed and breakfast
cup
au
cup
au
Billiard hall and pool hall
au
au
au
Child day care, commercial
cup
cup
cup
au
au
cup
cup
Child day care, family
au
au
au
au
Commercial recreation < 2 ac.
cup
cup
au
au
au
Commercial recreation > 2 ac.
cup
cup
Confectionery stores (see Retail sales)
au
au
Convenience store
au
au
Crematories and mausoleums
su1
su1
su1
su1
Department stores (see Retail sales)
au
Drug stores (see Personal services)
au
au
Dry cleaners (see Personal services)
au
au
Espresso stands
au
au
au
Flea market
cup
Food markets and grocery stores
au
au
Golf and athletic facilities
su1
su1
su1
su1
su1
Greenhouses, private and noncommercial
au
au
au
cup
cup
Hardware stores < 10,000 sf
au
au
au
Hardware stores > 10,000 sf
au
au
Health club
acc
au
au
acc
Home occupation
au4
au4
au4
au4
au4
au4
au4
au4
Horticultural nursery, wholesale and retail
au
au
Hotel
cup
au
Inn
cup
au
au
Liquor stores
au
au
au
Locksmiths
au
au
au
Lumber yards
au
au
Mortuaries
au
Motel
cup
au
Outdoor advertising display
cup
au
au
Pet shop
au
au
Photographer’s studio
cup
au
au
Radio and TV repair shops
au
au
au
Recreational areas, commercial, including tennis clubs and similar activities
su1
su1
su1
su1
su1
Recreational areas privately operated
su1
su1
su1
su1
su1
Recycling collection points
acc
acc
acc
acc
acc
acc
Restaurant
au
au
au
Restaurants, drive-through
cup
au
Retail <1,000 square feet
au
au
au
Retail >1,000 square feet
au
au
Rodeos
su1
su1
su1
su1
Secondhand store
cup
au
au
Self-service storage facility
acc
acc
cup
au
Shoe stores or repair shop
au
au
Sports arenas
su1
su1
su1
su1
Stadiums
su2
su2
su2
su2
Stationery store
au
au
Studios (i.e., recording, artist, dancing, etc.)
au
au
Swimming pool, commercial
cup
cup
au
au
Taverns
au
au
au
Theaters, enclosed
cup
au
cup
Video store (rental, not adult) < 5,000 sf
au
au
au
Video store (rental, not adult) > 5,000 sf
au
au
Civic Use Category
Ballfield
su1
su1
su1
su1
su1
Bicycle paths, walking trails
au
au
au
au
au
au
au
au
Church
cup
au
cup
au
au
cup
Club or lodge, private
cup
cup
Fairgrounds
su1
su1
su1
su1
Garage, public
au
Heliports
su2
su2
su2
su2
Hospitals and sanitariums
cup
cup
Libraries
au
au
au
Open-air theaters
su1
su1
su1
su1
su1
Parking area, public
acc
acc
acc
acc
acc
acc
Post office, branch or contract station
au
au
Post office, distribution center or terminal
cup
Public parks
cup
cup
cup
cup
cup
cup
au
au
Schools, elementary or secondary
cup
cup
cup
cup
cup
au
Swimming pool, public
cup
cup
cup
cup
cup
Transit facilities, bus barns, park-and-ride lots, transit stations
su1
su1
su1
su1
su1
Vocational schools/colleges
cup
cup
cup
cup
Utilities Use Category
Electric transmission substation
cup
cup
cup
cup
cup
au
cup
cup
Fuel storage tanks (underground, < 500 gal.)
acc
acc
acc
au
au
au
Fuel storage tanks (underground, > 500 gal.)
cup
cup
cup
au
au
Fuel storage tanks, above ground
au
au
au
Public utility facilities (services)
cup
cup
cup
cup
au
au
au
Public utility service yard
au
au
Radio, cellular phone, microwave, and/or television transmission facilities or towers
cup
cup
cup
cup
cup
cup
cup
cup
Sewage treatment plants
cup
Transfer station solid waste facility
cup
cup
Industrial Use Category
Blueprinting and photostating
au
au
au
Buy-back recycling center
cup
Cabinet shops (see Industry, light)
cup
au
Cargo storage containers
acc
acc
acc
Carpenter shops (see Industry, light)
cup
au
Composting facilities
su2
su2
su2
su2
Contractor yards
au
au
Distributing plants (see Industry, light)
au
Electric/neon sign assembly, servicing repair
au
Freight terminal, truck
cup
Furniture repair (see Industry, light)
cup
au
Industry, light
au
Machine shops, punch press up to five tons (see Industry, light)
au
Motor vehicle impound yard in enclosed building (see Industry, light)
au
Nonautomotive, motor vehicle and related equipment sales, rental, repair and service
au
au
Outdoor storage
cup
au
Paint shop (see Industry, light)
au
Parcel service delivery (see Industry, light)
au
Pesticide application service (see Industry, light)
au
Plumbing shop (see Industry, light)
au
Plumbing supply yards (see Industry, light)
au
Printing establishments
au
au
Recycling processing centers
su2
su2
su2
su2
Storage for transit and transportation equipment
cup
Tool sales and rental
cup
au
au
Trailer-mix concrete plant
cup
Upholstering
au
au
Warehousing
au
Welding shops and sheets metal shops
cup
Office/Business Use Category
Medical-dental clinic
cup
au
au
Professional offices
cup
au
au
au
Resource Use Category
Agricultural buildings
acc
acc
acc
acc
Agricultural crops; orchards
au
cup
au
acc
acc
au
Livestock
au3
Pasture
au
Stable, private arena
au3
Surface mining
su2
su2
su2
su2
acc: Accessory Use au: Authorized or Permitted Use
cup: Conditionally Permitted Use su1: Type I Special Use su2: Type II Special UseTABLE OF USES
1Minimum lot size 9,600 square feet.
2Minimum lot size 12,000 square feet.
3Maximum one animal/acre.
4Subject to the limitations of MMC 17.44.090.
(Ord. 1586 § 1, 2003; Ord. 1579 § 4, 2003; Ord. 1578 § 2, 2003; Ord. 1405 § 2, 1999).
Chapter 17.15
TABLE OF BULK AND DIMENSIONAL REGULATIONS13
STANDARDS
RS
RMD
RM
MX8
B
M-1
OS
CF
Base Density: Dwelling Unit/Acre
4 du/ac
12 du/ac
12 du/ac
12 du/ac
n/a
n/a
n/a
n/a
Base Height
35 ft
35 ft
35 ft
45 ft
45 ft
40 ft
35 ft
35 ft
Maximum Building Coverage: Percentage
n/a
50%
n/a
90%5
60%
60%
n/a
60%
Maximum Density: Dwelling Unit/Acre
6 du/ac2
18 du/ac3
18 du/ac3
18 du/ac4
n/a
n/a
n/a
n/a
Maximum Floor/Lot Ratio:
Square Feetn/a
n/a
n/a
3 to 1
1 to 1
1 to 1
n/a
1 to 1
Minimum Setback from Right-of-Way
20 ft
20 ft
20 ft
0 ft
0 ft
10 ft
20 ft
10 ft
Minimum Side Yard Setback14
7.5 ft
7.5 ft
7.5 ft
5 ft
0 ft
0 ft
5 ft
5 ft
Minimum Rear Yard Setback6
25 ft
10 ft
25 ft
0 ft
0 ft
0 ft
20 ft
20 ft
Minimum Rear Yard Setback: Accessory Structure6
7.5 ft
7.5 ft
7.5 ft
0 ft
0 ft
0 ft
7.5 ft
7.5 ft
Minimum Lot Area
8,000 sf
9,600 sf1
12,000 sf2
4,000 sf
8,000 sf
3,000 sf
3,000 sf
12,000 sf
n/a
3,000 sf
Minimum Lot Width
75 ft
45 ft
60 ft
40 ft
40 ft
75 ft
n/a
20 ft
LANDSCAPE
STANDARDS7, 10, 11, 12
Street Planting Strip
n/a
n/a
20 ft
0 ft
8 ft
10 ft
20 ft
20 ft
Side Yard Planting Strip
n/a
n/a
7.5 ft
0 ft
8 ft
8 ft
20 ft
8 ft
Rear Yard Planting Strip
n/a
n/a
25 ft
0 ft
8 ft
8 ft
20 ft
8 ft
Internal Parking Lot Landscaping9
n/a
n/a
7%
7%
7%
7%
7%
7%
1 For the development of an accessory apartment.
2 These densities can only be achieved through the development of duplex housing.
3 These densities can only be achieved through the development of an adult retirement community.
4 These densities can only be achieved through the development of mixed business and residential developments (in the MX zone) or the development of adult retirement community housing (in the RM or MX zones).
5 Maximum building coverage refers to the area in which structures occupy the site. “Structures” do not include paved parking or driveway areas.
6 Emergency vehicle access requirements must be maintained. The minimum rear yard setback in the B and M-1 zones shall be 20 feet where such zones abut residential districts.
7 Perimeter landscape requirements exclusive of proposed access driveways.
8 All areas, except single-family residences, not proposed for buildings, parking, or driveways shall be landscaped.
9 Internal parking lot landscaping shall apply to new parking lots of 20 spaces or more or additions to parking lots of 20 spaces.
10 Landscape areas shall consist of evergreen and deciduous trees, shrubs, hedges, vegetative and inert groundcover, and sodded and seeded lawn.
11 The plant material character of the landscape areas shall have the following characteristics:
a. Trees. A minimum of 70 percent required parking area trees shall be deciduous, except, if existing trees are retained, the percentage of deciduous trees can be decreased accordingly.
b. Shrubs. Shrub and hedge material used shall not have mature heights that exceed 36 inches to provide for ease of vehicular sight distance and pedestrian safety.
c. Vegetative Groundcover/Turf. If utilized, vegetative groundcover/turf material shall not have mature heights that exceed 36 inches so as to provide for ease of vehicular sight distance and pedestrian safety. Vegetative groundcovers that are sensitive to occasional foot traffic should not be used in landscape areas where foot traffic might be likely.
12 Standards – Planting Plans. A planting plan and irrigation plan are required to be prepared for any landscape activity proposed for multifamily or nonresidential development.
a. Persons Qualified to Prepare Plans. The landscape plan shall be prepared by a Washington State registered landscape architect, a nursery professional certified pursuant to the Washington Certified Nursery Professional program, or a Washington State certified landscape technician, except that planting plans for short subdivisions, street tree requirements, and canopy tree requirements for properties abutting vacant land may be prepared by the applicant. The irrigation plan shall be prepared by a Washington State registered landscape architect or irrigation designer certified by the Irrigation Association.
b. Planting Plan. A planting plan is required to ensure that the proposed plantings are in conformance with the standards and requirements of this chapter. A final planting plan submitted prior to a development shall closely reflect or exceed the design and plant species identified on a conceptual planting plan reviewed as part of a use permit. A planting plan drawn to the same scale as the other development plans shall include, at a minimum, the following components:
i. The location of existing vegetation to be retained and to be removed, proposed vegetation, property lines, impervious surfaces, existing or proposed buildings, natural or manmade water features or bodies, existing or proposed fences and retaining walls, critical lands and associated buffers, and designated recreational open space areas.
ii. A plant schedule containing the botanical and common names of the new plant material, existing plant material proposed to be retained, typical spacing for that species, the planting size of the material, the quantity of each plant, and any special planting instructions.
13 All development must meet the City of Milton Storm Water Management Plan and the Department of Ecology’s 1992 Storm Water Program Guidance Manual for the Puget Sound Basin.
14 In the RMD and RM zones, the minimum distance between primary structures located on the same parcel shall be 15 feet. The area between buildings shall be landscaped with vegetative groundcover/turf.
(Ord. 1526 § 1, 2002; Ord. 1405 § 2, 1999).
Chapter 17.20
RESIDENTIAL (RS) DISTRICTSections:
17.20.005 Purpose.
17.20.010 Authorized uses.
17.20.020 Uses requiring conditional use permit.
17.20.030 Accessory uses.
17.20.040 Bulk regulations.
17.20.005 Purpose.
The purpose of the RS zoning district is to provide a safe, attractive and stable environment for residential development, where the predominant development pattern will be single-family dwellings. Uses other than single-family dwellings shall be allowed only to the extent that they support low-density residential development. (Ord. 1405 § 2, 1999).
17.20.010 Authorized uses.
Authorized uses in the RS district are set forth in Chapter 17.14 MMC, subject to the off-street parking requirements, and other general provisions and exceptions set forth in this code beginning with Chapter 17.44 MMC. (Ord. 1405 § 2, 1999).
17.20.020 Uses requiring conditional use permit.
Uses permitted subject to the granting of a conditional use permit in the RS district are set forth in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.20.030 Accessory uses.
Accessory uses in the RS district are set forth in Chapter 17.14 MMC. Notwithstanding MMC 17.08.030, the total area of all accessory structures may exceed the area of the principal structure if the applicant satisfies the criteria for a conditional use permit. In addition to complying with the conditional use criteria specified in Chapter 17.64 MMC, the hearing examiner shall also consider the following criteria in determining whether a conditional use permit should issue:
A. All accessory structures or uses in the residential zone shall support and enhance the residential nature of the property.
B. The maximum size of any single accessory structure shall not exceed 2,500 square feet.
C. All accessory structures shall not exceed 15 feet in height.
D. All accessory structures shall be screened from surrounding properties by walls and landscaping, intended to break up the visual bulk of the structure, and reduce the visual impact of the structure.
E. No accessory structures subject to this code shall be devoted partially or totally to the pursuit of home occupations.
F. All principal structures and accessory structures shall not exceed 50 percent of the lot area.
G. Accessory structures must be located to the rear of the principal structure. (Ord. 1586 § 2, 2003; Ord. 1405 § 2, 1999).
17.20.040 Bulk regulations.
A. General dimensional, density and bulk regulations for single-family dwellings are set forth in Chapter 17.15 MMC.
B. Accessory apartments require a minimum lot size of 9,600 square feet, and the establishment of an accessory apartment shall be exempt from the calculation of maximum density.
C. The established minimum lot size of 8,000 square feet is intended to provide design flexibility in new developments, and is not intended to allow for residential densities higher than those set forth in this chapter. In any area where there may be a conflict between the minimum lot size allowance and the maximum density requirement, the maximum density requirement shall govern. Thus, lots shall not be divided where the resulting maximum density would exceed four dwelling units per acre (or six du/ac for duplex construction).
D. The construction of duplex homes is authorized on all lots of record which exist as of the date of enactment of this chapter; provided, that said lot is 12,000 square feet or more in area. Within new developments, not more than 25 percent of the lots created may be used for duplexes.
E. Setback requirements for accessory uses shall be the same as for other uses except that the minimum rear yard setback for accessory uses shall be seven and one-half feet. (Ord. 1405 § 2, 1999).
Chapter 17.22
RESIDENTIAL MODERATE DENSITY (RMD) DISTRICTSections:
17.22.005 Purpose.
17.22.010 Authorized uses.
17.22.020 Uses requiring conditional use permit.
17.22.030 Accessory uses.
17.22.040 Bulk regulations.
17.22.005 Purpose.
The purpose of the RMD zoning district is to provide a safe, attractive and stable environment for residential development where the predominant development pattern will be single-family dwellings. Uses other than residential dwelling units shall be allowed only to the extent that they support moderate density residential development. (Ord. 1405 § 2, 1999).
17.22.010 Authorized uses.
Authorized uses in the RMD district are set forth in Chapter 17.14 MMC, subject to the off-street parking requirements, and other general provisions and exceptions set forth in this code beginning with Chapter 17.44 MMC. (Ord. 1405 § 2, 1999).
17.22.020 Uses requiring conditional use permit.
Uses permitted subject to the granting of a conditional use permit in the RMD district are set forth in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.22.030 Accessory uses.
Accessory uses in the RMD district are set forth in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.22.040 Bulk regulations.
A. General dimensional, density and bulk regulations for the RMD district are set forth in Chapter 17.15 MMC.
B. Accessory apartments require a minimum lot size of 8,000 square feet and the establishment of an accessory apartment shall be exempt from the calculation of maximum density.
C. The established minimum lot size of 4,000 square feet is intended to provide design flexibility in new developments, and is not intended to allow for residential densities higher than those set forth in this chapter. In any area where there may be a conflict between the minimum lot size allowance and the maximum density requirement, the minimum lot size requirement shall govern. Thus, lots shall not be divided where the resulting maximum density would exceed 12 dwelling units per acre or 18 du/ac for the construction of an adult retirement community.
D. The construction of duplex houses is authorized on all lots of record which exist as of the date of enactment of this chapter; provided, that said lot is 10,000 square feet or more in area. (Ord. 1405 § 2, 1999).
Chapter 17.24
RESIDENTIAL MULTIFAMILY
(RM) DISTRICTSections:
17.24.005 Purpose.
17.24.010 Authorized uses.
17.24.020 Uses requiring conditional use permit.
17.24.030 Accessory uses.
17.24.040 Bulk regulations.
17.24.005 Purpose.
The purpose of the RM zoning district is to provide adequate area for the development of a range of housing types at a moderate density, consistent with the carrying capacity of the city’s resources. Uses in the RM zone other than residential are allowed only to the extent that they promote and support moderate density residential development. (Ord. 1405 § 2, 1999).
17.24.010 Authorized uses.
Authorized uses in the RM district are set forth in Chapter 17.14 MMC, subject to the off-street parking requirements, landscaping requirements and other general provisions and exceptions set forth in this code beginning with Chapter 17.44 MMC, and the requirements set forth in Chapter 17.62 MMC, Site plan approval. (Ord. 1405 § 2, 1999).
17.24.020 Uses requiring conditional use permit.
Uses permitted subject to the granting of a conditional use permit in the RM district are set forth in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.24.030 Accessory uses.
Accessory uses in the RM district are set forth in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.24.040 Bulk regulations.
A. General dimensional, density and bulk regulations for principal buildings are set forth in Chapter 17.15 MMC.
B. The minimum lot size of 8,000 square feet is required for the first dwelling unit on any lot.
C. A density increase of 50 percent is allowed for the construction of an adult retirement community. (Ord. 1405 § 2, 1999).
Chapter 17.28
BUSINESS (B) DISTRICTSections:
17.28.005 Purpose.
17.28.010 Authorized uses.
17.28.020 Uses requiring conditional use permit.
17.28.030 Accessory uses.
17.28.040 Bulk regulations.
17.28.050 Adult entertainment business(es) – Distance requirements.
17.28.005 Purpose.
The purpose of the business district is to provide adequate and appropriate areas within the city where office, retail and other commercial uses can be developed. In identifying appropriate areas for business zones, factors such as visibility and access to roads with high traffic counts are considered.
Business districts are intended to provide goods and services in support of the city’s residential population. Due to the relative scarcity of appropriate areas for business development, however, residential uses are not permitted. (Ord. 1405 § 2, 1999).
17.28.010 Authorized uses.
Uses authorized in the B district are set forth in Chapter 17.14 MMC, subject to the off-street parking requirements, and other general provisions and exceptions set forth in this code beginning with Chapter 17.44 MMC, and subject to the requirements set forth in Chapter 17.62 MMC, Site Plan Approval. (Ord. 1405 § 2, 1999).
17.28.020 Uses requiring conditional use permit.
Uses permitted subject to the granting of a conditional use permit in the B district are set forth in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.28.030 Accessory uses.
Accessory uses in the B district are any uses customarily incidental to a permitted use when used in conjunction with a permitted use, or as specifically set forth in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.28.040 Bulk regulations.
All dimensional, density and bulk regulations are set forth in Chapter 17.15 MMC. (Ord. 1405 § 2, 1999).
17.28.050 Adult entertainment business(es) – Distance requirements.
The following distance requirements or buffers are established for any adult entertainment business. Any distance requirement shall be measured by following a direct line, without regard to intervening properties or buildings, from the nearest point of the property parcel, lot, grounds or area of any of the below-listed uses to the nearest point of the lot or parcel upon which any adult entertainment business is proposed to be located:
A. No adult entertainment business shall be located closer than 1,000 feet from any public or private school, any public playground, public library, park or recreation facility, any licensed day care center for children, or any church.
B. No adult entertainment business shall be located closer than 500 feet from any area zoned for residential use within the city.
C. No adult entertainment business shall be located closer than 500 feet from any official school bus stop serving students from pre-kindergarten through the twelfth grades.
D. No adult entertainment business shall be located closer than 200 feet from the property of another adult entertainment business within the city. (Ord. 1277 § 3, 1996).
Chapter 17.30
MIXED USE TOWN CENTER
(MX) DISTRICTSections:
17.30.010 Purpose.
17.30.020 Authorized uses.
17.30.030 Uses requiring conditional use permit.
17.30.040 Accessory uses.
17.30.050 Bulk regulations.
17.30.010 Purpose.
The purpose of the mixed use town center district is to encourage the development of a compact town center within the city of Milton, in furtherance of the goals of the comprehensive plan. It is envisioned that this town center will contain a mixture of land uses which will promote pedestrian access and small-scale shops and services within walking distance of residential areas. (Ord. 1405 § 2, 1999).
17.30.020 Authorized uses.
A. Uses authorized within the mixed use town center district are set forth in Chapter 17.14 MMC.
B. All uses authorized in the mixed use town center district require site plan approval, as set forth in Chapter 17.62 MMC, with the exception of single- and two-family dwellings. (Ord. 1405 § 2, 1999).
17.30.030 Uses requiring conditional use permit.
Uses within the mixed use town center district which require a conditional use permit are set forth in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.30.040 Accessory uses.
Uses allowed as accessory uses within the mixed use town center district are set forth in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.30.050 Bulk regulations.
A. All provisions for building height, lot coverage, and minimum setbacks are set forth in Chapter 17.15 MMC.
B. A residential density increase of 50 percent is allowed on any lot for either of the following:
1. Construction of an adult retirement community; or
2. Residential development on upper floors of any building where the first floor is used primarily for retail or personal service establishments. (Ord. 1405 § 2, 1999).
Chapter 17.32
COMMUNITY FACILITIES (CF) DISTRICTSections:
17.32.010 Purpose.
17.32.020 Authorized uses.
17.32.030 Uses requiring conditional use permit.
17.32.040 Accessory uses.
17.32.050 Bulk regulations.
17.32.010 Purpose.
The purpose of the community facilities district is to preserve sufficient land in the community to provide necessary services which are usually provided by government or utilities. (Ord. 1405 § 2, 1999).
17.32.020 Authorized uses.
Uses authorized within the community facilities district are set forth in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.32.030 Uses requiring conditional use permit.
Uses with the community facilities district which require a conditional use permit are set forth in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.32.040 Accessory uses.
Uses allowed as accessory uses within the community facilities district are set forth in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.32.050 Bulk regulations.
All provisions for building height, lot coverage, and minimum setbacks are set forth in Chapter 17.15 MMC. (Ord. 1405 § 2, 1999).
Chapter 17.36
LIGHT MANUFACTURING (M-1) DISTRICTSections:
17.36.010 Purpose.
17.36.020 Site plan approval required.
17.36.030 Authorized uses.
17.36.060 Bulk regulations.
17.36.070 Performance standards.
17.36.010 Purpose.
A. In furtherance of the comprehensive plan, this classification is intended to provide for the location and grouping of light manufacturing activities and uses involving the processing, handling, and creating of products and technological processes.
B. Highly flammable or explosive liquids, solids or gases shall be stored in a safe manner.
C. All outdoor storage facilities for fuels, raw material, products or equipment, supplies and other related items shall be enclosed by a fence or wall or the perimeter shall be adequately landscaped to conceal such facilities from adjacent property.
D. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.
E. All materials or wastes, which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
F. Due to the scarcity of appropriate land, and in recognition of the importance of the creation of “family wage” jobs, residential uses are prohibited in this zone. (Ord. 1405 § 2, 1999).
17.36.020 Site plan approval required.
All uses proposed in the M-1 district require site plan approval, as set forth in Chapter 17.62 MMC. (Ord. 1405 § 2, 1999).
17.36.030 Authorized uses.
A. Uses authorized in the M-1 district are set forth in Chapter 17.14 MMC, and are subject to the site plan approval provisions of Chapter 17.62 MMC.
B. Accessory buildings and uses customarily incident to any of the above uses, when located on the same site with the main building. (Ord. 1405 § 2, 1999).
17.36.060 Bulk regulations.
All provisions for building height, lot coverage, and minimum setbacks are set forth in Chapter 17.15 MMC. (Ord. 1405 § 2, 1999).
17.36.070 Performance standards.
A. Emission of smoke and dust shall meet all state environmental standards.
B. Performance standards, regulating fire and explosive hazards, noise, water and air pollution, vibration, and other performance standards and regulations, as established by the state, the regional government and the federal government shall all be adhered to and followed. (Ord. 1405 § 2, 1999).
Chapter 17.38
PLANNED DEVELOPMENT (PD) DISTRICTSections:
17.38.010 Purpose.
17.38.020 Authorized uses.
17.38.030 Bulk regulations.
17.38.040 Master plan defined.
17.38.050 Application and approval procedure.
17.38.060 Appeals.
17.38.010 Purpose.
The planned development (PD) district acknowledges that certain tracts of land in the northwest section of the city have development potential that may be constrained by environmental conditions. Specifically, the area’s steep topography, presence of a wetland environment, and its proximity to the Hylebos Creek drainage basin present planning concerns for the site that are not adequately addressed without further environmental review. The purpose of this zoning designation is to allow for the future development of that land in a manner which is consistent with the goals of the comprehensive plan, without immediately performing costly studies that may be outdated by the time the land is proposed for development. (Ord. 1405 § 2, 1999).
17.38.020 Authorized uses.
A. Upon submission and recommendation by the planning commission and acceptance by the city council of a master plan, authorized uses in this zone may include any use identified in this code as an authorized use, a conditional use, or a special use.
B. Without the submittal of a master plan, authorized uses are limited to detached single-family dwellings on lots of record existing as of the date of adoption of the ordinance codified in this chapter or the following uses, pursuant to the provisions set forth in Chapter 17.42 MMC:
1. Surface mining;
2. Yard waste recycling;
3. Concrete crushing; and
4. Public utility facilities.
C. Without the submittal of a master plan, parking lots are allowed as a special use pursuant to the provisions of Chapter 17.42 MMC.
Landscaping requirements do not apply to temporary parking lots.
Parking lots shall be authorized for one three-year period with the right to a two-year extension if impacts have not increased in that three-year period. (Ord. 1626 § 1, 2004; Ord. 1578 § 3, 2003; Ord. 1553 § 2, 2002; Ord. 1405 § 2, 1999).
17.38.030 Bulk regulations.
A. Density, height, setback and other restrictions shall be applied in a manner consistent with the regulations found in other sections of this chapter for the uses proposed.
B. Increased setbacks and buffers may be required to provide adequate protection between differing land uses. (Ord. 1405 § 2, 1999).
17.38.040 Master plan defined.
For the purposes of this chapter, a master plan is defined as a plan showing the proposed development of a parcel or parcels of land totaling not less than two acres. Such a plan shall include the following information:
A. Existing and proposed site conditions, including vegetation, structures and topography;
B. Existing and proposed uses;
C. Internal and external traffic circulation patterns;
D. All of the information which may be required under MMC Title 16;
E. All of the information required under Chapter 17.62 MMC; and
F. A State Environmental Policy Act (SEPA) environmental checklist, along with such supplemental information as may normally be required in an environmental impact statement. The scope of this supplemental information shall be determined by the city, and shall include (but not be limited to) earth, air, water, environmental health, land and shoreline use, aesthetics, transportation, public services, and utilities. (Ord. 1696 § 1, 2007; Ord. 1405 § 2, 1999).
17.38.050 Application and approval procedure.
A. Applications for master plan approval shall be submitted to the planning commission, together with an application fee as established by the city council.
B. Within 45 days of the culmination of the land use administrator’s review of the complete application, the planning commission shall establish a date and conduct a public meeting. Notice requirements shall be given to all abutters within 500 feet of the subject property.
C. Within 15 days of the public meeting, the planning commission shall forward its recommendation to the city council to approve, approve with conditions or deny the master plan proposal. If the planning commission fails to forward a recommendation to the city council within the time frame specified, the city council shall consider the proposal recommended approved by the planning commission.
D. The city council shall establish a date and conduct a public hearing on the proposed master plan, pursuant to the requirements set forth in Chapter 17.62 MMC, within 30 days of receipt of the planning commission’s recommendation, using the same notification procedures set forth in subsection B of this section.
E. In its consideration of a master plan application, the city shall be guided by the following review requirements:
1. The requirements of the State Environmental Policy Act (SEPA);
2. The standards set forth in Chapter 17.62 MMC;
3. The city’s comprehensive plan; and
4. The policies set forth in the state’s Growth Management Act.
F. Within 30 days of the public hearing, the city council shall approve, approve with conditions or deny the master plan proposal.
G. Revisions to an approved master plan shall follow the same procedure as set forth in subsections A through E of this section. (Ord. 1405 § 2, 1999).
17.38.060 Appeals.
A party with standing may appeal the city council’s final decision pursuant to the provisions of the state’s Land Use Petition Act, RCW 36.70C.005 through 36.70C.140. (Ord. 1405 § 2, 1999).
Chapter 17.41
OPEN SPACE (OS) DISTRICTSections:
17.41.010 Purpose.
17.41.020 Authorized uses.
17.41.010 Purpose.
The purpose of the open space (OS) district is to set aside and preserve for quiet public enjoyment those unique areas within the city which, due to their size, configuration or visual appeal, present special opportunities to assist in meeting the city’s need for passive recreation. (Ord. 1405 § 2, 1999).
17.41.020 Authorized uses.
Uses authorized in the open space district are set forth in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
Chapter 17.42
SPECIAL USESSections:
17.42.010 Purpose.
17.42.020 Authorization.
17.42.030 Status of special uses.
17.42.040 Application for a special use permit.
17.42.050 Notification of hearing.
17.42.060 Special use permit review criteria.
17.42.065 Additional review criteria pertaining to parking lots.
17.42.070 Type II special use – Use-specific standards.
17.42.080 Time limits and revocation.
17.42.090 Appeal.
17.42.010 Purpose.
The purpose of this section is to allow certain specified uses which are deemed necessary to the public convenience but are found to possess characteristics relating to their size, numbers of people involved, traffic generated, and their potential impact on the area which makes impractical their being identified exclusively with any particular zone classification as herein defined. Because of their special impact or unique characteristics, the following uses may have a substantial adverse impact upon or be incompatible with other uses of land. This impact often cannot be determined in advance of the use being proposed for a particular location.
It is the intent of this chapter to ensure that the location of these uses will not be unreasonably incompatible with uses permitted in the surrounding areas, the uses will not have a substantial adverse impact, and to permit the hearing examiner to impose stipulations and conditions as may reasonably assure that the basic intent of this chapter will be served regarding the approval, denial, or approval with conditions for the issuance of a special use permit.
Uses requiring the approval of a special use permit have been divided into Type I and Type II special uses. Review criteria for Type I special uses are found in MMC 17.42.050 and 17.42.060. Review of proposals for Type II special uses shall include the review criteria for Type I special uses and the appropriate criteria found in MMC 17.42.070 for Type II special uses.
A. Type I Special Uses.
1. Places of public assembly and recreation such as:
a. Ballfields;
b. Fairgrounds;
c. Golf and athletic facilities;
d. Open-air theaters;
e. Recreational areas, commercial, including tennis clubs and similar activities;
f. Recreational centers privately operated;
g. Rodeos;
h. Sports arenas;
2. Public and private transportation facilities:
a. Transit facilities, bus barns, park-and-ride lots, transit stations.
b. Parking lots.
B. Type II Special Uses.
1. Yard waste composting facilities;
2. Recycling processing centers;
3. Surface mines;
4. Amusement parks;
5. Stadiums;
6. Heliports. (Ord. 15532 § 1, 2002; Ord. 1405 § 2, 1999).
17.42.020 Authorization.
When an application for a special use is filed with the city, the hearing examiner may authorize establishment of those uses that are expressly listed as special uses. No special use permit shall be issued unless the use complies with all of the applicable standards of this chapter. (Ord. 1405 § 2, 1999).
17.42.030 Status of special uses.
Any use for which a special use is authorized by the hearing examiner and which complies with the requirements of this chapter and those of other applicable chapters shall be deemed to be a permitted use on the lot on which it is thus permitted. Once a special use has been authorized, however, the use shall not be enlarged, extended, increased in intensity, or relocated unless an application is made for a new or amended special use permit.
In order to ensure that the location and character of the following special uses will be compatible with the city of Milton comprehensive plan, a review and decision by the hearing examiner is required prior to the issuance of any special use permit. (Ord. 1405 § 2, 1999).
17.42.040 Application for a special use permit.
An application for a special use permit shall include all of the information required under site plan approval, Chapter 17.62 MMC. The application shall also include a list and description of all proposed activities planned or anticipated to occur on the property including the proposed hours of operation.
Copies of all reports, permits, or records required by or submitted to federal, state, regional, or county agencies pursuant to any laws or regulations shall be made available to the city upon request. Information required shall be limited to that pertaining to operations within the city of Milton. The public disclosure of such information shall be governed by applicable law. (Ord. 1405 § 2, 1999).
17.42.050 Notification of hearing.
Notification of the public hearing of the approval authority on the application for a Type I special use permit shall be mailed to all property owners as shown by the records of the applicable county assessor(s) within a 1,000-foot radius of the external boundaries of subject property. Notification of the public hearing of the approval authority on the application for a Type II special use permit shall be mailed to all property owners as shown by the records of the applicable county assessor(s) within a 2,000-foot radius of the external boundaries of subject property. All notices shall be mailed not less than 10 days prior to the hearing. (Ord. 1405 § 2, 1999).
17.42.060 Special use permit review criteria.
In the review of a special use permit application, the hearing examiner shall make the following findings:
A. There shall be a demonstrated need for the special use within the community at large which shall not be contrary to the public interest.
B. The special use shall be consistent with the goals and policies of the city of Milton comprehensive plan and applicable ordinances of the city of Milton.
C. The special use shall be located, planned, and developed in such a manner that the special use shall not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the community.
D. Certain special uses may have characteristics that necessitate buildings or other structures associated with such uses to exceed the height limits of the zoning districts in which the special uses may be located. Therefore, the hearing examiner may authorize the height of buildings or other structures associated with the following special uses to exceed the height limit set forth in the zoning district in which such uses are located, or as allowed in Chapter 17.15 MMC; provided, such height is consistent with the criteria contained in this section.
1. Ballfield;
2. Fairgrounds;
3. Open-air theaters;
4. Recreational areas, commercial, including tennis clubs and similar activities;
5. Rodeos;
6. Sports arenas; and
7. Transit facilities, bus barns, park-and-ride facilities.
E. The site is of adequate size to accommodate the proposed use, including, but not limited to, parking, traffic circulation, and buffers from adjacent properties.
F. All external illumination is designed to face inward, so that impact to adjacent properties is minimized.
G. Parking areas are designed to assure that headlight glare from internal traffic does not affect motorists on adjoining streets.
H. On-site drainage is designed to assure that post-construction drainage has no greater impact on downstream properties than preconstruction drainage.
I. The proposed access to the site must be adequate considering traffic safety and existing street conditions.
J. There is adequate sight distance at each proposed point of access to the site to assure traffic safety.
K. The applicant must demonstrate and the hearing examiner must find that the noise generated by the proposed use shall not exceed the maximum permissible noise levels set forth in Chapter 173-60 WAC and shall not be an increase of more than five dBA above the ambient noise level. The ambient noise level shall be measured using the 15-hour period from 7:00 a.m. to 10:00 p.m. instead of using a 24-hour period.
L. The generation of noise, noxious or offensive emissions or odors, or other nuisances which may be injurious or detrimental to the community must be mitigated.
M. Availability of public services which may be necessary or desirable for the support of the special use. These may include, but shall not be limited to, availability of utilities, transportation systems (including vehicular, pedestrian and public transportation systems), education, police and fire facilities, and social and health services.
N. Adequate landscaping, screening, yard setbacks, open spaces, or other design elements necessary to mitigate the impact of the special use upon neighboring properties shall be provided.
Additional use-specific standards shall apply to the Type II special uses identified under MMC 17.42.070. (Ord. 1405 § 2, 1999).
17.42.065 Additional review criteria pertaining to parking lots.
A. In addition to the criteria imposed by MMC 17.42.060, parking lots subject to MMC 17.42.060 shall be subject to the following special use review standards if found necessary to protect the public health, safety and welfare:
1. To the extent necessary to preserve public safety and prevent crime, parking lots shall be fenced to limit access and lighted to improve visibility.
2. Internal landscaping shall not be required for parking lots. However, perimeter landscaping shall still be required to screen the lots from adjacent uses.
3. Parking lot owners shall provide a plan to ensure adequate maintenance to mitigate impacts on surrounding properties, including impacts created by dust and litter. The parking lot owner shall also post a bond to cover the cost of implementing the plan.
4. Parking lots shall serve as a temporary use subject to a three-year limitation with a right of a two-year extension upon approval by the planning and community development director. A two-year extension shall be granted if the parking continues to comply with the requirements applicable to special uses, as identified in MMC 17.42.060 and this section.
B. “Adequate access,” as referenced in MMC 17.42.060(I), for parking lots shall include an all-weather driving surface sufficient to support and provide access for emergency vehicles both onto and within the site. (Ord. 1663 § 18, 2006; Ord. 1570 § 1, 2003).
17.42.070 Type II special use – Use-specific standards.
The following standards apply to the specific Type II special uses identified below: A. Yard Waste Composting Facilities.
1. Purpose. To appropriately site facilities which import, process, package and distribute products derived from composting yard waste.
2. Standards.
a. Minimum lot size: two acres.
b. Maximum building site coverage: 25 percent.
c. Minimum structural setback: 50 feet.
d. The entire composting operation, including the stockpiling of materials prior to and following composting activities, must be conducted under a roof.
e. The operation shall be effectively screened from view by using a solid screen six feet high. Screening may include fences, walls, vegetation, berms with vegetation, combinations of these, or other methods, all of which must provide a permanent solid screen barrier to visibility from rights-of-way and adjacent and nearby properties. Vegetation used for screening must be of sizes, types, numbers, and siting adequate to achieve 100 percent opacity within three years. All vegetation used for screening shall be maintained in a healthy condition. Vegetation used for screening that dies shall be replaced within six months. Fences and walls over six feet high, which may be required to screen the use from adjacent properties, shall require a building permit and shall maintain the setback required in subsection (A)(2)(c) of this section.
f. The operation must employ current technology and comply with all federal, state, and local best management practices and regulations.
g. The operation shall obtain and maintain any required solid waste permit from applicable authorities.
B. Recycling Processing Centers.
1. Purpose. To appropriately site facilities which collect, process, store, and distribute the following recyclable materials: paper, cardboard, metal cans, and plastics.
2. Standards.
a. Minimum lot size: minimum acreage requirement for zone where use is permitted.
b. Maximum building site coverage: 60 percent.
c. Minimum structural setback: 20 feet from all property lines.
d. Direct access to the operation shall be from a collector or arterial road.
e. The collection, processing, and storage must be conducted within a building.
f. The operation shall be effectively screened from view by using a solid screen six feet high. Screening may include fences, walls, vegetation, berms with vegetation, combinations of these, or other methods, all of which must provide a permanent solid screen barrier to visibility from rights-of-way and adjacent and nearby properties. Vegetation used for screening must be of sizes, types, numbers, and siting adequate to achieve 100 percent opacity within three years. All vegetation used for screening shall be maintained in a healthy condition. Vegetation used for screening that dies shall be replaced within six months. Fences and walls over six feet high, which may be required to screen the use from adjacent properties, shall require a building permit and shall maintain the setback required in subsection (B)(2)(c) of this section.
g. The operation shall meet all federal, state, and local regulations and standards.
h. The operation shall obtain and maintain any required solid waste permit from the applicable county permitting authorities.
C. Surface Mining.
1. Purpose. To appropriately site surface mining and accessory uses.
2. Standards. The surface mining operation shall adhere to all conditions found in a Department of Natural Resources approved site reclamation permit, as required by Chapter 78.44 RCW.
3. Application Procedures. In addition to the information required in this chapter, the application to the city for a special use permit for surface mining shall include:
a. A contour map, drawn to the scale of 100 feet to the inch and contour intervals of 10 feet, or at a scale and topographic interval determined to be adequate by the land use administrator or his designee, showing current field topography, including the location of watercourses of the tract intended for the proposed operation and estimated thickness of overburdened and mineral-bearing strata in the tract intended for the proposed operation.
b. A copy of the applicant’s Department of Natural Resources reclamation permit application, as required by Chapter 78.44 RCW.
c. A list of all proposed activities anticipated or planned to occur on the site, including but not limited to the method of surface mining, washing, sorting, crushing, asphalt or concrete batching, equipment maintenance, or any activity that could result in a potential, significant, adverse environmental impact.
d. The application shall include a report demonstrating that the noise generated by the proposed use, as mitigated, shall not exceed the maximum permissible noise levels as set forth in Chapter 173-60 WAC.
4. Accessory Uses.
a. The following accessory uses are allowed only when expressly permitted in a special use permit issued by the hearing examiner: washing, sorting or crushing of rock or gravel, asphalt production (batching or drum mixing), concrete batching, storage or use of fuel, oil or other hazardous materials, and equipment maintenance.
b. Accessory uses are permitted only in conjunction with an existing surface mining operation. Recycling of asphalt or concrete is permitted as an accessory use only in conjunction with a permitted crusher and in accordance with any applicable city and county requirements.
5. Reports. Copies of any reports or records, except financial reports, required to be submitted to federal, state, regional or county officials or agencies pursuant to any laws or regulations shall be made available to the city upon request. Information required shall be limited to that pertaining to operations within the city of Milton. The public disclosure of such information shall be governed by applicable law. The operator shall keep a record of the source of any asphalt, concrete or soils imported from off-site and stored on-site.
D. Amusement Parks.
1. Purpose. To appropriately site amusement parks.
2. Standards.
a. Minimum lot size: five acres.
b. Maximum building coverage: 60 percent.
c. Minimum structural setback: 60 feet.
d. The operation shall be effectively screened from view by using a solid screen six feet high. Screening may include fences, walls, vegetation, berms with vegetation, combinations of these, or other methods, all of which must provide a permanent solid screen barrier to visibility from rights-of-way and adjacent and nearby properties. Vegetation used for screening must be of sizes, types, numbers, and siting adequate to achieve 100 percent opacity within three years. All vegetation used for screening shall be maintained in a healthy condition. Vegetation used for screening that dies shall be replaced within six months. Fences and walls over six feet high, which may be required to screen the use from adjacent properties, shall require a building permit and shall maintain the setback required in subsection (D)(2)(c) of this section.
e. The applicant must prepare a traffic impact analysis with appropriate mitigation to mitigate all traffic impacts.
E. Stadiums.
1. Purpose. To appropriately site stadiums.
2. Standards.
a. Minimum lot size: 10 acres.
b. Maximum building coverage: 60 percent.
c. Minimum structural setback: 60 feet.
d. The operation shall be effectively screened from view by using a solid screen six feet high. Screening may include fences, walls, vegetation, berms with vegetation, combinations of these, or other methods, all of which must provide a permanent solid screen barrier to visibility from rights-of-way and adjacent and nearby properties. Vegetation used for screening must be of sizes, types, numbers, and siting adequate to achieve 100 percent opacity within three years. All vegetation used for screening shall be maintained in a healthy condition. Vegetation used for screening that dies shall be replaced within six months. Fences and walls over six feet high, which may be required to screen the use from adjacent properties, shall require a building permit and shall maintain the setback required in subsection (E)(2)(c) of this section.
e. The applicant must prepare a traffic impact analysis with appropriate mitigation to mitigate all traffic impacts.
F. Heliports.
1. Purpose. To appropriately site heliports.
2. Standards for Stand-Alone Heliport Facilities.
a. Minimum lot size: one-half acre.
b. Maximum building coverage: 60 percent.
c. Minimum structural setback: 30 feet.
d. The operation shall be effectively screened from view by using a solid screen six feet high. Screening may include fences, walls, vegetation, berms with vegetation, combinations of these, or other methods, all of which must provide a permanent solid screen barrier to visibility from rights-of-way and adjacent and nearby properties. Vegetation used for screening must be of sizes, types, numbers, and siting adequate to achieve 100 percent opacity within three years. All vegetation used for screening shall be maintained in a healthy condition. Vegetation used for screening that dies shall be replaced within six months. Fences and walls over six feet high, which may be required to screen the use from adjacent properties, shall require a building permit and shall maintain the setback required in subsection (F)(2)(c) of this section.
e. The operation shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
f. The operation shall meet all federal, state and local regulations and standards.
g. The application shall include a report demonstrating that the noise generated by the heliport, as mitigated, shall not exceed the maximum permissible noise levels as set forth in Chapter 173-60 WAC.
3. Standards for Heliports as Accessory Uses to Hospitals.
a. Heliports included in proposals for new hospitals shall be reviewed by the hearing examiner under the conditional use permit application process (Chapter 17.64 MMC) required for the approval of hospitals.
b. Heliports proposed for existing hospital facilities shall be reviewed under applicable criteria in this subsection. (Ord. 1405 § 2, 1999).
17.42.080 Time limits and revocation.
A. Expiration of Approval. The authorization shall expire upon expiration of three years from the date of final approval of a special use permit which by then has not commenced operation, or upon abandonment for a period of one year of a special use that has been authorized.
B. Time Limit and Review. Any permit issued pursuant to this chapter shall be reviewed by the city council no less frequently than every two years from the date of the decision to approve the permit. At the time of such review, the city council may request a hearing for the hearing examiner to review, and, if necessary, impose additional conditions upon the operation if necessary to meet the standards of this chapter as amended.
The city of Milton’s land use administrator or his designee may request a hearing before the hearing examiner if it is determined after review that the special use no longer is being performed under the conditions set by the hearing examiner at the time of the initial approval. During the hearing, the hearing examiner may terminate the use or add conditions or standards that will achieve compliance with the original hearing examiner approval. (Ord. 1405 § 2, 1999).
17.42.090 Appeal.
A party with standing may appeal the hearing examiner’s final decision pursuant to the provisions of the state’s Land Use Petition Act, RCW 36.70C.005 through 36.70C.140. (Ord. 1405 § 2, 1999).
Chapter 17.44
GENERAL USE REGULATIONSSections:
17.44.010 Compliance required.
17.44.012 Authorized uses, generally.
17.44.013 Similar use determination.
17.44.014 Conditional uses, generally.
17.44.016 Prohibited uses.
17.44.020 Yard and open space regulations.
17.44.040 Area and width exceptions for substandard lot.
17.44.050 Yard requirements for property abutting half streets or streets designated by an official control.
17.44.060 Vision clearance.
17.44.070 Permitted intrusions into required yards.
17.44.080 Fences, walls, and hedges.
17.44.090 Home occupations.
17.44.010 Compliance required.
The regulations pertaining to the several classifications shall be subject to the general provisions, conditions, and exceptions contained in this chapter. (Ord. 1405 § 2, 1999).
17.44.012 Authorized uses, generally.
Authorized uses for all zoning districts are set forth in Chapter 17.14 MMC. Authorized uses in all zones are subject to off-street parking requirements, as well as to the general provisions and exceptions contained in this section. (Ord. 1405 § 2, 1999).
17.44.013 Similar use determination.
The land use administrator may authorize uses for all zoning districts that have similar characteristics to uses specifically cited in Chapter 17.14 MMC. In making an affirmative determination that a use is similar to one specifically cited in Chapter 17.14 MMC, the land use administrator must find that the trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs, and clientele characteristics of the use differ less than 10 percent from the characteristics of the use specifically cited in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.44.014 Conditional uses, generally.
Uses allowed by conditional use permit for all zoning districts are set forth in Chapter 17.14 MMC. Applications for conditional use shall be acted upon in accordance with the provisions set forth in Chapter 17.64 MMC. (Ord. 1405 § 2, 1999).
17.44.016 Prohibited uses.
Any use not specifically authorized by this chapter or allowed by conditional use is prohibited, except for the following:
A. Uses set forth as special uses in Chapter 17.42 MMC; or
B. Uses determined by the zoning administrator to be similar to uses authorized by this title. (Ord. 1405 § 2, 1999).
17.44.020 Yard and open space regulations.
Except as provided in this chapter, every required yard and open space shall be open and unobstructed from the ground to the sky. No yard or open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or open space on any lot or parcel shall be considered as providing a yard or open space on an adjoining lot or parcel whereon a building is to be erected. Nothing in this section shall be construed to restrict or prohibit the placement of landscaping; provided, that such landscaping does not obstruct any vision clearance as set forth in MMC 17.44.060. (Ord. 1405 § 2, 1999).
17.44.040 Area and width exceptions for substandard lot.
A single-family dwelling may be established on a lot which cannot satisfy the lot area or lot width requirements of the zoning district, where the lot at the date the applicable requirement was enacted was owned by a person or persons other than the owners of the adjoining lot; provided, however, that the yard requirements shall remain the same; and provided, that the lot is located in a zone which allows residential uses. (Ord. 1405 § 2, 1999).
17.44.050 Yard requirements for property abutting half streets or streets designated by an official control.
A. A building or structure shall not be erected or maintained on a lot which abuts a street having only a portion of its required width dedicated, and where no part of the dedication would normally revert to the lot if the street were vacated, unless the yards provided and maintained in connection with the 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 zoning districts.
B. 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 relate to the future street boundaries, as determined by the official control.
C. The city may require the dedication and construction of those portions of such streets identified in subsections A and B of this section, which extend across the frontage of the lot as a condition of approval of a building permit or development plan, upon a finding that such dedication or construction substantially relates to the impact of the proposed development. (Ord. 1405 § 2, 1999).
17.44.060 Vision clearance.
A. All corner lots shall maintain for safety vision purposes a triangular area, two sides of which shall extend 20 feet along the lot lines from the corner of the lot formed by the intersection of the two streets. Within the triangle no tree shall be allowed, and no fence, shrub, or other physical obstruction higher than 42 inches above the established grade shall be permitted.
B. On lots upon which a vehicular driveway is maintained, an area of vision clearance shall be maintained on each side of the driveway. The area shall be defined by a triangle, extending 20 feet along the lot line from the intersection of the driveway and the street, and an angle of 30 degrees from the far end of the line back toward the driveway.
C. If the driveways of adjacent properties vision clearance is affected then the fence, shrub or tree must meet the requirements of subsections A and B of this section.
D. The requirements listed in subsections A, B and C of this section shall be subject to MMC 12.20.030. (Ord. 1405 § 2, 1999).
17.44.070 Permitted intrusions into required yards.
A. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, sun shades and gutters may project into a required yard a distance not to exceed one foot.
B. Uncovered porches and platforms which are not higher than the floor level of the first floor may extend 18 inches into any side or rear yard, and six feet into a front yard.
C. Planting boxes or masonry, and planters not exceeding 42 inches in height may extend into any required front yard.
D. Eaves may extend into any required yard a distance not to exceed 30 inches. (Ord. 1405 § 2, 1999).
17.44.080 Fences, walls, and hedges.
A. In any residential zoning district (RS, RM and MX), walls, fences, or hedges are permitted under the following conditions:
1. A wall, fence, or hedge, not to exceed 42 inches in height, or open wire fencing not to exceed six feet in height, may be located or maintained on any part of a lot.
2. On interior lots, a fence, wall, or hedge, not to exceed six feet in height, may be located anywhere on the lot to the rear of the rear line of the required front yard.
3. On corner lots and reverse corner lots, a fence, wall or hedge, not exceeding six feet in height, may be located anywhere on the lot to the rear of the rear line of the required front yard; provided the safety vision clearance requirements of this chapter shall be maintained.
4. The provisions 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 or public playgrounds.
B. In all zones, fences and walls must meet the provisions of Chapter 15.05 MMC, the most recently adopted version of the International Building Code and the public works development standards. (Ord. 1708 § 2, 2007; Ord. 1405 § 2, 1999).
17.44.090 Home occupations.
Home occupations allowed in single-family and multifamily residential zoning districts shall be subject to the following limitations:
A. No persons outside the family not residing in the dwelling are employed for the home occupation;
B. The home occupation does not create any odor, vibration or noise that extends beyond the property line;
C. The home occupation does not interfere with radio or television reception in the vicinity;
D. The home occupation does not involve any outdoor storage of materials or waste or outdoor or external display of merchandise;
E. All signs must comply with city sign regulations, no additional signs are allowed for home occupations;
F. The home occupation shall in no way affect the appearance of the principal building and the lot as a residence including the addition of accessory buildings that are not associated with residential uses;
G. The home occupation shall not generate more than 10 trips per day, nor involve the parking of more than an additional two vehicles per day;
H. The home occupation shall not occupy more than 40 percent of the structures on the property;
I. Home occupations shall not unreasonably interfere with the use of adjoining properties. “Unreasonable interference” shall be construed as any activity that reasonably disturbs the peaceful, safe and comfortable ownership and use of other properties. The home occupation shall be conducted in such a manner that adjoining property occupants aren’t reasonably aware that the applicant is conducting a business on his/her property. (Ord. 1579 § 3, 2003).
Chapter 17.48
OFF-STREET PARKING AND LOADINGSections:
17.48.010 Parking spaces – Required.
17.48.020 Parking spaces – Size and access.
17.48.030 Parking spaces – Location.
17.48.040 Off-street parking requirements.
17.48.050 Parking spaces – Unspecified uses.
17.48.060 Parking spaces – Mixed occupancies.
17.48.070 Parking spaces – Cooperative provisions.
17.48.080 Parking area – Development standards.
17.48.090 Parking area – Motor barricades.
17.48.100 Parking area – Landscaping standards.
17.48.110 Parking area – Entrances and exits.
17.48.120 Parking area – Surface.
17.48.130 Parking area – Lighting.
17.48.140 Parking area – Signs.
17.48.150 Loading areas.
17.48.010 Parking spaces – Required.
Off-street parking spaces shall be provided as an accessory use, in accordance with the requirements of this chapter, at any time any building or structure is erected, enlarged, or expanded. (Ord. 1405 § 2, 1999).
17.48.020 Parking spaces – Size and access.
Aisle and driveway dimensions shall conform to the dimensions set forth in Table 17.48.020. The public works director may approve variations to these dimensions if special circumstances exist which prohibit strict compliance; provided, that such variations do not result in a traffic safety hazard, hinder vehicle access and egress and are designed in conformance with good engineering practices.
Table 17.48.020
Aisle and Driveway Dimensions
Stall Angle
45°
60°
90°
Stall Width
Regular space
12'9"
10'5"
9'0"
Compact space
11'3"
9'4"
8'0"
Stall Depth
Regular space
20'7"
20'10"
20'0"
Compact space
17'6"
18'7"
17'0"
Driveway Aisle
One-way
14'0"
18'0"
20'0"
Two-way
17'0"
18'0"
20'0"
Thirty percent of the required parking spaces, whenever 10 or more spaces are required, may be compact stalls. (Ord. 1405 § 2, 1999).
17.48.030 Parking spaces – Location.
A. Off-street parking facilities shall be located as specified in this section.
B. Where a distance is specified, the distance shall be the walking distance measured from the nearest point of the parking facilities to the nearest point of the building that the facility is required to serve.
1. For a single-family dwelling or multifamily dwelling the parking facilities shall be located on the same lot or building site as the building they are required to serve. This requirement may be waived or modified for mixed-use developments which include multi-family dwellings.
2. For any other building or structure, off-street parking facilities shall be located not more than 300 feet from the building or structure. (Ord. 1405 § 2, 1999).
17.48.040 Off-street parking requirements.
The minimum number of off-street parking spaces required shall be as follows:
Accessory apartment
1 space per accessory dwelling unit
Adult day care facility
1 space for each employee, plus 1 space for every 5 clients or fraction thereof; if the clients may not own vehicles, 1 space per 600 s.f. of gross floor area
Adult entertainment business
1 space per 100 s.f. of gross floor area
Adult retirement community
1 space per unit
Agricultural buildings
1 space per 2,000 s.f. of floor space
Agricultural crops; orchards
—
Ambulance service
1 space for each employee, plus 1 space per vehicle used in coordination with the service
Amusement parks
1 space per 200 s.f. of area within enclosed buildings plus 1 space for every 3 persons that the outdoor facilities are designed to accommodate
Animal hospital
1 space per employee plus 1 space per 600 s.f. of gross floor area
Apartment
2 spaces per dwelling unit plus 1 space per 4 dwelling units for guests
Assisted living facility
.75 spaces per unit
Auction house/barn (no vehicle or livestock)
1 space per 4 seats
Automobile service station
2 spaces per service bay
Automobile wash
5 spaces per washing stall in addition to the stall itself
Automobile, repair
1 space per 200 s.f., plus 2 spaces per service bay, plus 1 space for each employee
Automobile, sales
1 space per 5,000 s.f. of lot area used for vehicle display, plus 1 space per 300 s.f. of showroom area
Ballfield
50 spaces per field
Banks, savings and loan association
1 space per 400 s.f. of floor area up to 20,000 s.f., plus 1 per 500 s.f. of floor area in excess of 20,000 s.f.
Bed and breakfast
1 space per guest room
Bicycle paths, walking trails
—
Billiard hall and pool hall
2 spaces per table
Blueprinting and photostating
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Buy-back recycling center
1 space for each employee, plus 1 space per 1,000 s.f. of building area
Cabinet shops
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Carpenter shops
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Carport
—
Child day care, commercial
1 space per employee during the maximum shift per state license, and 1 space for every 10 students enrolled; and one pick-up/drop-off space for every 20 students enrolled, but in no case less than 2 loading spaces, based on the maximum students allowed per state license
Child day care, family
1 space for each employee
Church
1 space per 6 fixed seats in the chapel or nave
Club or lodge, private
1 space for every 4 persons based on the fire occupancy load
Commercial recreation < 2 ac.
3 spaces per acre, plus 1 space per 200 s.f. of building area
Commercial recreation > 2 ac.
3 spaces per acre up to 2 acres, plus 2 spaces per acre for each additional acre or fraction thereof, plus 1 space per 200 s.f. of building area
Composting facilities
1 space for each employee
Confectionery stores
1 space per 300 s.f. of gross floor area for the first 1,000 s.f. of gross floor area, plus 4 spaces per additional 1,000 s.f. of gross floor area
Contractor yards
1 space for each employee
Convenience store
1 space per 400 s.f. of gross floor area
Crematories and mausoleums
1 space per 4 fixed seats of chapel capacity, plus 1 space for every 3 employees
Department stores
1 space per 300 s.f. of gross floor area for the first 1,000 s.f. of gross floor area, plus 4 spaces per additional 1,000 s.f. of gross floor area
Distributing plants
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Drug stores
1 space per 400 s.f. of gross floor area
Dry cleaners
1 space per 200 s.f. of gross floor area used by the public
Dwelling, multifamily
2 spaces per dwelling unit plus 1 space per 4 dwelling units for guests
Dwelling, single-family
2 spaces per dwelling unit
Dwelling, two-family
2 spaces per dwelling unit plus 1 space per 4 dwelling units for guests
Electric transmission substation
To be determined by the land use administrator
Electric/neon sign assembly, servicing, repair
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Espresso stands
1 space per employee, plus spaces for 3 waiting cars
Fairgrounds
8 spaces per acre up to 2 acres, plus 4 spaces per acre for each additional acre or fraction thereof
Flea market
8 spaces per acre up to 2 acres, plus 4 spaces per acre for each additional acre or fraction thereof
Food markets and grocery stores
For establishments with less than 5,000 s.f. of gross floor area, 10 spaces; for establishments with over 5,000 s.f. of gross floor area, 1 space per 300 s.f. of gross floor area
Freight terminal, truck
1 space per 250 s.f. of floor area devoted to office use, plus 1 space per company vehicle
Fuel storage tanks (underground, <500 gal.)
—
Fuel storage tanks (underground, >500 gal.)
—
Fuel storage tanks, aboveground
—
Furniture repair
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Garage, private
—
Garage, public
—
Golf and athletic facilities
1 space for every 2 employees, plus 3 per golf hole
Greenhouses, private and noncommercial
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Group homes
1 space for each employee, plus 1 space for every 5 clients or fraction thereof
Hardware stores < 10,000 s.f.
1 space per 400 s.f. of gross floor area
Hardware stores > 10,000 s.f.
1 space per 400 s.f. of gross floor area
Health club
1 space per 200 s.f. of gross floor area
Heliports
1 space for each employee, plus 1 space per vehicle used in connection with the facility
Home occupation
1 space in addition to the requirement for the dwelling
Horticultural nursery, wholesale and retail
1 space per 1,000 s.f. of floor area, plus 1 space per 2,000 s.f. of site area
Hospitals and sanitariums
1 space per 3 beds
Hotel
1 space per room, unit, or guest accommodation
Industry, light
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Inn
1 space per room, unit, or guest accommodation
Libraries
1 space per 400 s.f., plus 1 space per two employees
Liquor stores
1 space per 300 s.f. of gross floor area for the first 1,000 s.f. of gross floor area, plus 4 spaces per additional 1,000 s.f. of gross floor area
Livestock
—
Locksmiths
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Lumber yards
1 space per 500 s.f. of gross floor area
Machine shops, punch press up to 5 tons
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Medical-dental clinic
1 space per 300 s.f. of gross floor area
Mobile home park
2 spaces per dwelling unit
Mortuaries
1 space per 1,000 s.f. of gross floor area
Motel
1 space per room, unit, or guest accommodation, plus 1 space for every 2 employees
Motor vehicle impound yard in enclosed building
1 space for every 2 employees
Nonautomotive, motor vehicle and related equipment sales, rental, repair and service
1 space per 600 s.f. of gross floor area
Open-air theaters
1 space per 6 seats
Outdoor advertising display
—
Outdoor storage
1 space for each employee on the largest shift
Paint shop
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Parcel service delivery
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Parking area, private
—
Parking area, public
—
Pasture
—
Pesticide application service
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Pet shop
1 space per 300 s.f of gross floor area for the first 1,000 s.f. of gross floor area, plus 4 spaces per additional 1,000 s.f. of gross floor area
Plumbing shop
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Plumbing supply yards
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Post office, branch or contract station
1 space for each employee on shift of maximum employees plus 1 space per 800 s.f.
Post office, distribution center or terminal
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Printing establishments
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Professional offices
1 space per 400 s.f. of floor space
Public parks
Parking lot area equivalent to 1 percent of the total land area
Public utility facilities
To be determined by the land use administrator
Public utility service yard
1 space for each employee on the maximum work shift
Radio and TV repair shops
1 space per 300 s.f. of gross floor area for the first 1,000 s.f of gross floor area, plus 4 spaces per additional 1,000 s.f. of gross floor area
Radio, cellular phone, microwave, and/or television transmission facilities or towers
1 space
Recreational areas, commercial, including tennis clubs and similar activities
1 space per 200 s.f. of gross floor area
Recreational centers privately operated
1 space per 200 s.f. of gross floor area
Recycling collection points
—
Recycling processing centers
1 space for each employee, plus 1 space per 1,000 s.f of building area
Restaurant
1 space per 100 s.f. of gross floor area
Restaurants, drive-through
1 space per 200 s.f. of gross floor area
Retail <1,000 square feet
1 space per 300 s.f. of gross floor area
Retail >1,000 square feet
1 space per 300 s.f of gross floor area for the first 1,000 s.f. of gross floor area, plus 4 spaces per additional 1,000 s.f. of gross floor area
Rodeos
1 space per 5 fixed seats
Schools, elementary
1 space for each teacher and staff member, plus 1 space for each 2 classrooms
Schools, secondary
1 space for every teacher and staff member, plus 1 space for every 5 students
Secondhand store
1 space per 300 s.f. of gross floor area for the first 1,000 s.f. of gross floor area, plus 4 spaces per additional 1,000 s.f. of gross floor area
Self-service storage facility
3 spaces plus 1 space per 100 units
Sewage treatment plants
1 space for each employee on the maximum work shift
Shoe stores or repair shop
1 space per 300 s.f. of gross floor area for the first 1,000 s.f. of gross floor area, plus 4 spaces per additional 1,000 s.f. of gross floor area
Sports arenas
1 space per 5 fixed seats
Stable, private arena
1 space per 4 pens or stables
Stadiums
1 space per 5 fixed seats
Stationery store
1 space per 300 s.f. of gross floor area for the first 1,000 s.f. of gross floor area, plus 4 spaces per additional 1,000 s.f. of gross floor area
Storage for transit and transportation equipment
1 space for each employee on the largest shift
Studios (i.e., recording, artist, dancing, etc.)
1 space per 800 s.f. of gross floor area
Surface mining
1 space for each employee of the largest shift
Swimming pool, commercial
1 space per 200 s.f. of pool surface area plus 1 space per 200 s.f. of building area for accessory structures in excess of 1,000 s.f.
Swimming pool, private
—
Swimming pool, public
1 space per 200 s.f. of pool surface area plus 1 space per 200 s.f. of building area in accessory structures in excess of 1,000 s.f.
Taverns
1 space per 100 s.f. of gross floor area
Theaters, enclosed
1 space per 5 fixed seats
Tool sales and rental
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Trailer-mix concrete plant
1 space for each employee, plus 1 space per 1,000 s.f. of building area
Transfer station solid waste facility
To be determined by the land use administrator
Transit facilities, bus barns park-and-ride lots, transit stations
1 space per 600 s.f. of gross floor area
Upholstering
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
Video store (rental, not adult) < 5,000 s.f.
1 space per 300 s.f. of gross floor area for the first 1,000 s.f. of gross floor area, plus 4 spaces per additional 1,000 s.f. of gross floor area
Video store (rental, not adult) > 5,000 s.f.
1 space per 300 s.f. of gross floor area for the first 1,000 s.f. of gross floor area, plus 4 spaces per additional 1,000 s.f. of gross floor area
Vocational schools/colleges
1 space for each 200 s.f. of gross floor area in classrooms
Warehousing
1 space per 2,000 s.f. of floor space
Welding shops and sheets metal shops
1 space for every 3 employees on the largest shift or 1 space per 1,000 s.f. of gross floor area, whichever requirement is greater
(Ord. 1515 § 1, 2002; Ord. 1451 § 1, 2000; Ord. 1405 § 2, 1999).
17.48.050 Parking spaces – Unspecified uses.
In the case of a use not specifically mentioned in this chapter, the requirement for off-street parking facilities shall be determined by the land use administrator. Such determination shall be based upon the requirements for the use which in the opinion of the land use administrator shall be the most comparable use. (Ord. 1405 § 2, 1999).
17.48.060 Parking spaces – Mixed occupancies.
In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing the required parking facilities for any other use, except as specified in this chapter for cooperative use. (Ord. 1405 § 2, 1999).
17.48.070 Parking spaces – Cooperative provisions.
Nothing in this chapter shall be construed to prevent cooperative provision of off-street parking facilities for two or more buildings or uses; provided, that the total of such off-street parking spaces supplied cooperatively shall not be less than the sum of the requirements for the various uses computed separately. None of the above provisions shall prevent the overlapping cooperative use of parking facilities when the time during which such facilities are used is not conflicting. (Ord. 1405 § 2, 1999).
17.48.080 Parking area – Development standards.
In any district a parking area for five or more vehicles shall be developed in accordance with the requirements set forth in MMC 17.48.090 through 17.48.150. (Ord. 1405 § 2, 1999).
17.48.090 Parking area – Motor barricades.
A rail, fence, wall, hedge, landscaped berm or other continuous barricade of height sufficient to retain all cars completely within the property shall be provided, except at exit or access driveways. (Ord. 1405 § 2, 1999).
17.48.100 Parking area – Landscaping standards.
Internal parking lot landscaping shall be provided as required under Chapter 17.15 MMC. (Ord. 1405 § 2, 1999).
17.48.110 Parking area – Entrances and exits.
The location and design of all entrances and exits shall be subject to the approval of the building inspector; provided, that no entrance or exit shall be closer than 15 feet to any adjoining lot located in any R district. (Ord. 1405 § 2, 1999).
17.48.120 Parking area – Surface.
Off-street parking areas shall be surfaced and maintained with a durable and dustless surface consisting of asphalt or concrete, and shall be so graded and drained as to dispose of all surface water. Surfacing and drainage shall be subject to approval by the city. (Ord. 1405 § 2, 1999).
17.48.130 Parking area – Lighting.
Any lighting used to illuminate any required off-street parking areas shall be so arranged as to reflect the light away from adjoining premises in any R district. (Ord. 1405 § 2, 1999).
17.48.140 Parking area – Signs.
No sign of any kind, other than one designating entrances, exits, or conditions of use, shall be maintained on a parking area on that side which abuts upon or faces any premises situated in any R district. Such signs shall not exceed eight square feet in area, nor shall there be more than one such sign for each entrance or exit. (Ord. 1405 § 2, 1999).
17.48.150 Loading areas.
Every building constructed, altered, or enlarged, which is designed for, or used for, merchandising, manufacturing, warehousing or processing purposes, shall provide off-street loading space as follows:
A minimum of one space 30 feet by 12 feet for each 12,000 square feet of floor space, or fraction thereof, within the building which floor space is designed or used for the above purposes. (Ord. 1405 § 2, 1999).
Chapter 17.50
SIGN CODE*Sections:
17.50.010 Purpose.
17.50.020 Definitions.
17.50.030 Administration and enforcement.
17.50.040 Permits required.
17.50.050 Permit application requirements.
17.50.060 Prohibited signs.
17.50.070 Exempt signs.
17.50.080 General provisions.
17.50.083 Signs in the right-of-way.
17.50.085 Freeway signs.
17.50.090 Pole signs.
17.50.100 Monument signs.
17.50.105 Mixed use town center monument sign.
17.50.110 Signs attached to buildings.
17.50.120 A-board/sandwich board signs.
17.50.130 Directional signs.
17.50.135 Political signs.
17.50.140 Temporary signs.
17.50.150 Nonconforming signs.
17.50.160 Maintenance of signs.
17.50.170 Removal of signs.
17.50.180 Variances.
17.50.190 Penalty for violations.
17.50.200 Severability.
*Prior legislation: Ord. 1405.
17.50.010 Purpose.
The purpose of this chapter is to regulate the installation, alteration, relocation, number, size, height, and placement of signs within the city. In conformance with the comprehensive plan, the regulation of signs is found to protect the health, safety, and welfare of the citizens. It is intended to promote the aesthetic appearance of the city to maintain and enhance its property values. It is intended to encourage quality design that creates an attractive and harmonious community and business environment which provides businesses with the adequate means to advertise their products and/or services. It is further intended to preserve the right of free speech exercised by its citizens. (Ord. 1666 § 2, 2006; Ord. 1437 § 1, 2000).
17.50.020 Definitions.
“A-board/sandwich board signs” means small type signs, either single- or double-faced, portable, upon which is generally placed advertising copy denoting products or services being offered upon the premises on which such signs are placed.
“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 such sign is located and which has not been changed or removed within 180 days of a tenancy change.
“Advertising copy” means any sign graphics, background colors, logos or trademarks that identify or promote the sign user or any product or service; or that provides information about the sign user, the building or the products or services available.
“Awning” means any structure made of cloth, metal, or other material with a frame attached to a building, whether or not the same is so erected as to permit its being raised to a position flat against the building when not in use.
“Awning sign” means a sign affixed to the surface of an awning and which does not extend vertically or horizontally beyond the limits of such awning.
“Balloon” means a latex balloon 36 inches or less in diameter tethered on a cord not greater than four feet in length.
“Balloon, rooftop” means a balloon with a vertical dimension greater than 36 inches but not greater than 25 feet.
“Banner sign” means a sign made of cloth, fabric, paper, nonrigid plastic or similar types of material. Banners may contain text, numbers, graphic images or symbols. Pennants and flags are not considered banners.
“Billboard” means a preprinted or handpainted changeable advertising copy sign that directs attention to businesses, commodities, services, or facilities that are not primarily sold, manufactured, or distributed from the property on which the sign is located. The term “billboard” includes both the structural framework that supports a billboard and any billboard faces attached thereto. Although sometimes smaller, billboard sizes often range from 12 to 14 feet in height and 24 to 48 feet in width. A billboard is not a “changeable copy sign” as defined below.
“Building facade” means the exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
“Business sign” means a sign located on the premises of the business with which it is associated.
“Canopy” means any structure, other than an awning, made of cloth, metal, or other materials with framework attached to a building or carried by a frame supported by the ground.
“Canopy sign” means any sign erected upon, against or directly above a canopy.
“Center identification sign” means any sign that identifies a shopping center, industrial center, or office center by name, address, or symbol. Center identification signs may also identify individual tenants or businesses within the center.
“Change in nature” means an expansion of the building or structure housing the business in excess of 50 percent of the existing assessed value, or a change in the name of the business that would require a change in signage.
“Changeable copy sign (manual)” means any sign that is designed so that characters, letters, or illustrations can be changed or rearranged by hand without altering the face or the surface of the sign; i.e., readerboards with changeable pictorial panels. A billboard is not a changeable copy sign.
“Changing message center” means an electronically controlled sign, message center, or readerboard where copy changes of a public service or commercial nature are shown on the same lamp bank; i.e., time, temperature, date, news, or commercial information of interest to the traveling public.
“Commercial flag” means a flag no larger than 24 square feet identifying the words, numbers, or business/corporate images and symbols. No more than 12 commercial flags may be erected on a site.
“Construction sign” means a temporary nonilluminated sign giving the name or names of principal contractors, architects, lending institutions, or other persons or firms responsible for construction on the site where the sign is located, together with other information included thereon.
“Damaged/disrepaired sign” means a sign that is damaged, in disrepair, or vandalized and not repaired within 60 days of the damaging event.
“Dangerous sign” means a sign that by nature of its condition is hazardous to the public’s health, safety, and welfare.
“Directional sign” means a permanently erected single- or double-faced sign designed to guide or direct pedestrian or vehicular traffic to an area, place, or convenience. Directional signs shall only contain information on exits, entrances, parking, telephones, restrooms, or similar types of information and the name and/or logo of the business where the directional sign is located.
“Directory sign” means a sign on which the names and locations of occupants or the use of a building is given.
“Display surface” means the area made available by the sign structure for the purpose of displaying the advertising message.
“Double-faced sign” means a sign that has advertising copy on opposite sides of a single display surface or sign structure. Wedge, round or multifaceted signs shall not be considered double-faced signs when determining square footage. Instead, the area of each face of such signs is used when figuring square footage.
“Electrical sign” means a sign or sign structure that uses electrical wiring, connections and/or fixtures as a part of the sign, but not including signs illuminated by exterior light source.
“Electronic sign” means a sign designed to allow changes in the sign graphics electronically.
“Festoon” means a strip or string of balloons that includes clusters or strings of balloons connected to a fixed object or vehicle on at least one end of the festoon.
“Flag” means a piece of cloth or other nonrigid material identifying one of the following:
1. Flag of a nation;
2. Commemorative flag such as a POW flag; or
3. Flag of a political subdivision.
“Flag, commercial.” See “Commercial flag.”
“Flashing sign” means a sign or a portion thereof that changes light intensity or switches on and off in a constant, random or irregular pattern or contains motion or the optical illusion of motion by use of electrical energy. Changing message centers shall not be considered flashing signs.
“Freestanding letters” means individual letters, characters or marks comprising any portion of a sign or sign structure, whether erected flat against a wall or upon a framework for support.
“Freestanding sign” means a sign supported by poles, uprights, braces, or standards and is not connected to or supported by any other structure. Pole signs and monument signs are examples of freestanding signs.
“Freeway sign” means a pole or monument sign that is allowed by code for those properties that are located along the Interstate 5 (I-5) right-of-way as defined in this chapter. “Freeway signs” are specifically oriented to the traffic on the interstate rather than other state or local roadways.
“Garage sale sign” means a temporary sign that advertises a residentially based garage sale.
“Grade” means the elevation or level of the street (or parking lot) closest to the sign to which reference is made, as measured at the street centerline, or the relative ground level in the immediate vicinity of the sign.
“Grand opening” means welcoming clients, customers, etc., into a newly opened or relocated place of business for the purpose of promoting or familiarizing people with the business. To be eligible for grand opening signs, the business must be lawfully licensed by the city of Milton and have been open for three months or less (see also MMC 17.50.040(B)).
“Graphic” means any of the following: symbols or pictures formed by writing, drawing, or engraving, relating to the written or printed word, the symbols or devices used in writing or printing to represent a symbol, word, meaning, or message.
“Identification sign” means a sign that is limited to the name, address and number of a building, institution, or person and to the activity carried on in the building or institution, or the type of occupancy of the person.
“Illuminated sign” means a sign designed to give forth any artificial or reflected light, either directly from a source of light incorporated into or connected with such sign, or indirectly from a source intentionally directed upon it, so shielded that no direct illumination from it is visible elsewhere than on the sign and in the immediate proximity thereof.
“Incidental sign” means a small sign, four square feet or less in area, intended primarily for the convenience and direction of the public on the premises. Incidental signs do not advertise but are for informational purposes only. Incidental signs may contain information that denotes the hours of operation, telephone number, credit cards accepted, entrances and exits, and information required by law. Incidental information may appear on a sign having other copy as well, such as an advertising sign.
“Institutional sign” means a sign to identify educational, civic, and religious institutions.
“Internal illumination” means a source of lighting concealed entirely within a sign that makes sign graphics visible by transmitting light through a translucent or semi-translucent material.
“Landscaping” means trees, shrubs, and groundcover used around or under the base of monument signs. Required landscaping may be planted in concrete planters, landscape beds, or planter boxes.
“Lawn sign” means a temporary sign within the lawn or landscape area of a site. Lawn signs often identify businesses that have performed improvements to a building or site. Political signs are not considered lawn signs.
“Liquidation sign” means a temporary sign for the purposes of identifying liquidation sales.
“Logo” means an identifying emblem or insignia containing sign graphics, symbols or colors typically used for identification and/or advertisement.
“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 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. This also includes canopies.
“Marquee sign” means a sign attached to and made part of a marquee. A marquee (or canopy) is defined as a permanent roof-like structure attached to and supported by the building and projecting beyond a building, but does not include a projecting roof.
“Monument sign” means a ground-mounted, fixed sign with a height ranging from five to 12 feet above the average ground elevation. The base (not included in the sign surface area calculation) is attached to the ground as a wide base of solid construction. In no instance shall the bottom of the sign be more than six inches above the base.
“Multiple occupancy building” means a single structure with a common building access that houses more than one retail business, office or commercial venture.
“Municipal facility sign” means a sign that is located on the premises of a facility owned or operated by the city of Milton.
“Mural” means a decorative design or scene intended to provide visual enjoyment that is painted or placed on an exterior building wall. A mural contains no commercial message, logo, corporate symbol, or registered trademark.
“Neighborhood identification sign” means a sign to identify a particular residential area or development.
“Neon lighting” means illuminated tubing forming sign graphics or that is otherwise used as an exposed lighting source. For the purpose of this chapter, the term “neon” will be considered a generic term for this type of lighting regardless of the type of fluorescing gas or material contained within the tubing.
“Neon sign” means neon lighting used to draw attention to a business or building in any manner, including (but not limited to) neon sign graphics, logos or outlining of a building’s architectural features.
“Nonconforming sign” means any sign, legally constructed, that does not conform to the requirements of this chapter.
“Nonstructural trim” means the molding, battens, caps, nailing strips, latticing, cutouts, or letters and walkways that are attached to the sign structure.
“Off-premises sign” means a sign that identifies, advertises, or gives directional information to a commercial establishment not located on the premises where the sign is installed or maintained. A billboard is an example of an off-premises sign.
“Off-site directional arrow real estate signs” means off-site, portable, temporary, directional signs intended to assist people in finding the location of difficult to locate property that is offered for sale. They may not exceed six inches in height or 24 inches in length per side, must be freestanding on their own stake and the bottom edge of the sign must be placed at ground level.
“On-premises sign” means a sign that carries only advertisements and messages strictly applicable to a lawful use of the premises on which it is located.
“On-site real estate sign” means a temporary or portable sign placed on the subject property that advertises that the property is for sale, rent, or lease. The number of such signs shall be limited to one per broker per street frontage or public entrance, whichever is greater. For a dwelling unit, the area of the sign shall be no greater than 12 square feet, where no sign face may exceed six square feet. For other uses and developments, the size of an on-site real estate sign shall not exceed 64 square feet, where no sign face may exceed 32 square feet. All on-site real estate signs must be removed when the sale closes or in the case of a rental or lease, when the tenant takes possession.
“Open house sign” means a portable or temporary sign advertising property that is for sale, rent, or lease. The number of such signs shall be limited to three per property per agent, except that if the agent has more than one property in a development listed for sale, rent, or lease, the agent’s total number of such signs for the development shall be limited to four. The area of such signs shall be no greater than 12 square feet. They may be placed in the right-of-way outside of median strips, public sidewalks, and vehicular and bicycle lanes. They may not block driveways or be affixed to utility poles, trees, or traffic signs. Open house signs must be removed each day at the conclusion of the open house and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the property.
“Painted signs” means a sign or sign structure, nonelectrical in nature, except such signs may have illumination from an exterior light source.
“Parapet” means that portion of a building wall that extends above the roof of the building.
“Patio sale sign” means a temporary sign that advertises a residentially based patio sale.
“Pennant” means a sign made of cloth, fabric, nonrigid plastic, or similar types of material that is not more than 24 square feet in size. Pennants may not contain text, numbers, or business/corporate images and symbols. No more than 12 pennants may be erected on a site. Banners and flags are not considered pennants. Pennants need not be triangular in shape.
“Perimeter” means the outer boundary required to enclose a sign area.
“Permanent sign” means a sign that is erected without restriction on the time period allowed for display.
“Planned center” means a group of structures housing at least one retail business, office, commercial venture or independent or separate part of a business that was processed through the site approval process as one project or that shares the access and/or parking facilities. Individual parcels need not be under the same ownership in order to qualify as a planned center.
“Pole sign” means any sign, electric or otherwise, hung, supported or cantilevered from one or more supports constructed of structural steel, pipe, other materials or combinations of same.
“Political sign” means any temporary sign that advertises a candidate for public elective office or any political party or a sign that promotes a position on a public or ballot issue.
“Porch sale sign” means a temporary sign that advertises a residentially based porch sale.
“Portable sign” means any sign that is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support constructed without wheels is converted to an A or T frame sign, or attached temporarily or permanently to the ground, since this characteristic is based on the design of such a sign. It is characteristic of such a portable sign that the space provided for advertising matter consist of a changeable copy sign.
“Projecting sign” means a sign, other than a wall sign, that is attached to and projects more than one foot from a structure or other building face.
“Projection” means the distance by which a sign extends beyond its means of support.
“Public information sign” means a sign erected and maintained by any governmental entity for traffic direction or for designation of or directions to any school, hospital, historical site, or public service, property, or facility.
“Readerboard” means a sign consisting of tracks to hold letters that allows for frequent changes of copy; usually such copy is not electronic. A readerboard may be a component of a monument, pole, or wall sign.
“Readerboard, mobile” means a readerboard sign that is not permanently installed on-site.
“Real estate sign” means a sign erected by the owner or owner’s agent displayed for a limited time and offering the sale, rent or lease of ground upon which it is located or of a building located on the same parcel of ground.
“Repair” means to paint, clean, or replace damaged parts of a sign, or to improve its structural strength, but not in a manner that would change the size, shape, location, or character.
“Revolving sign” means any sign or sign structure that revolves or partially revolves by means of some mechanical method about an axis.
“Roof” means the exterior surface and its supporting structures on the top of a building. Overhangs extending beyond the facade of the lower wall are considered part of the roof.
“Roof sign” means any sign erected upon, against, or directly above a roof or parapet of a building or structure. Eighty percent of the sign area shall be backed by the roof system.
“Seasonal decorations” means temporary decorations for holidays that do not fall under the definition of a sign and that are installed no sooner than 30 days before a holiday and removed no later than five days after the holiday. Decorations that fall under the definition of a sign must conform to all provisions of the sign code.
“Sign” means any object, device, display, structure or part thereof that is used to advertise, identify, direct, or attract attention to a product, business, activity, place, person, institution, or event using words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Directional and incidental signs are considered signs for the purpose of this chapter.
“Sign area” means the entire area of a sign on which advertising copy, logos, trademarks, and business or corporate colors are to be placed. Sign structures and associated architectural embellishments, framework and decorative features that contain no written or advertising copy, that are not illuminated and that contain no logos or trademarks shall not be included. Sign area shall be calculated by measuring the area of the smallest rectangle, circle, triangle or parallelogram that can be drawn around all parts of the sign from the viewpoint exposing the largest sign surface area, including the sign face background, and including all spaces and voids between or within letters or symbols that comprise a single word, statement, description, title, business name, graphic symbol or message for all sign faces. Sign supporting structures that are part of the sign display shall be included in the area of calculation. The entire perimeter area of the letters, graphics, symbols, and framework shall be used to determine sign area.
“Sign graphics” includes all lines, strokes, text, symbols and logos applied to a sign surface and does not include the background surface to which they are applied.
“Sign height” means the vertical distance measured from the adjacent grade at the base of the sign to the highest point of the sign structure; provided, however, that the grade of the ground may not be built up in order to allow the sign to be higher.
“Sign structure” means any structure that supports or is capable of supporting 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 a building. Any structure that performs an entirely separate use, such as a telephone booth, bus shelter, Goodwill container, fence, etc., shall not be considered a sign structure.
“Silhouette lighting,” sometimes called “halo lighting,” means lighting being emitted from the back side of pan-channel sign graphic that has the open side of the channel facing the wall or sign face it is mounted to, thereby silhouetting the sign graphics.
“Subdivision identification sign,” means a sign no larger than 36 square feet to identify a particular subdivision that is larger than four acres or more in size.
“Swinging sign” means a sign installed on an arm or spar that is fastened to an adjacent wall or upright pole, which sign is allowed to move or swing to a perceptible degree.
“Temporary sign” means any banner, pennant, or other advertising display, with or without frames, constructed of cloth, light fabric, paper, plastic, cardboard, or other similar material. Temporary signs are not intended for ongoing advertising of products or services or for the naming of a business in lieu of a permitted permanent sign.
“Temporary sign, sports field” means any maintained, nonfreestanding sign attached to fencing at a sports field that can only be displayed during the sport’s season of play and must be removed at the end of the sport’s season of play.
“Traffic advisement sign” means a sign erected within the public right-of-way alerting motorists of impending road conditions. Signs depicting rail road crossings, curves ahead, crosswalks, and deer crossings are examples of traffic advisement signs. Allowable traffic advisement signs are identified in the AASHTO manual.
“Traffic control signs” means a sign erected within the public right-of-way identifying restrictions on travel. Examples of traffic control signs include stop signs, one-way signs, and speed limit signs.
“Unlawful sign” means any sign that was erected in violation of any applicable ordinance or code governing such erection or construction at the time of its erection, which sign has never been in conformance with all applicable ordinances or codes.
“Vision clearance area” means an area for the preservation of unobstructed sight distance. Vision clearance areas shall conform to the following requirements:
1. All corner lots shall maintain for safety vision purposes a triangular area, two sides of which shall extend 20 feet along the lot lines from the corner of the lot formed by the intersection of the two streets. Within the triangle no tree shall be allowed, and no fence, shrub, or other physical obstruction higher than 42 inches above the established grade shall be permitted.
2. On lots upon which a vehicular driveway is maintained, an area of vision clearance shall be maintained on each side of the driveway. The area shall be defined by a triangle, extending 20 feet along the lot line abutting the street and 20 feet along the driveway.
3. If the driveways of adjacent properties vision clearance is affected then the fence, shrub, tree or sign must meet the requirements of subsections 1 and 2 of this definition.
4. The requirements listed in subsections 1, 2 and 3 of this definition shall be subject to MMC 12.20.030.
“Wall plane” includes that portion of a facade that is contained on one general plane. A single wall plane may contain windows and doors but it is generally a solid surface. The fascia of projecting porches or colonnades may be considered part of the wall plane the porch or colonnade projects for calculating signage area.
“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. Wall signs shall be supported throughout their entire length, with the exposed face of the sign parallel to the plane of said wall or facade. Signs incorporated into mansard roofs, marquees, or canopies shall be treated as a “sign attached to a building.”
“Window sign” means a sign painted on, affixed to, or installed inside a window for purposes of viewing from outside the premises.
“Yard sale sign” means a temporary sign that advertises a residentially based yard sale. (Ord. 1666 § 2, 2006; Ord. 1563 § 1, 2003; Ord. 1474 § 1, 2001; Ord. 1437 § 1, 2000).
17.50.030 Administration and enforcement.
A. All new temporary or permanent signs require sign permits unless specifically exempted by MMC 17.50.070. Sign permits require full conformance with all city codes. The land use administrator shall issue all permits for the construction, alteration, and erection of signs in accordance with the provisions of this section and related chapters and titles of the municipal code.
B. It shall be the duty of the land use administrator, or code enforcement officer, of the city of Milton to interpret and enforce this section. In addition to meeting the provisions of this section of the zoning code, the permits, materials, structural design, construction, inspection, and maintenance requirements for signs must conform to Chapter 15.04 MMC, administered by the public works department. In addition, all signs, where appropriate, shall conform to the current National Electrical Code and the National Electrical Safety Code. (Ord. 1666 § 2, 2006; Ord. 1536 § 1, 2002; Ord. 1437 § 1, 2000).
17.50.040 Permits required.
A. It shall be unlawful for any person to erect, reerect, construct, enlarge, display, change copy, alter or move a sign, or cause the same to be done, without first obtaining a permit for each sign from the land use administrator as required by this chapter.
B. A permit shall be required for signs installed simultaneously on a single supporting structure. Thereafter, each additional sign(s) erected on the structure must have a separate permit.
C. This section shall not be construed to require an additional permit to repaint, clean, or otherwise perform normal maintenance or repair of a permitted sign or sign structure, nor shall it be construed to require an additional permit for the change of copy for a changeable copy sign. (Ord. 1666 § 2, 2006; Ord. 1437 § 1, 2000).
17.50.050 Permit application requirements.
To obtain a sign permit, the applicant shall make application in writing on forms furnished by the public works department. Every application for a permanent sign shall include the following:
A. Telephone number and address of the owner or agent are required on temporary signs. This information need not be on the front of the sign;
B. Identification and description of the sign including the type, size, dimensions, height, and number of faces;
C. Description of the land where the proposed sign is to be located by street address;
D. An affidavit that the written consent of the owner or person in legal possession of the property or agent of the owner or person in legal possession of the property to which or upon which the sign is to be erected has been obtained;
E. Sign drawings showing display faces with the proposed message and design accurately represented as to size, area, and dimensions;
F. Site plan drawn to scale containing a north arrow, location of property lines, lot dimensions, location of existing signs, and the location of the proposed sign on the site;
G. Plans, elevations, diagrams, light intensities, structural calculations and other material as may be reasonably required by the land use administrator;
H. If the sign application is for a freestanding sign that proposes a footing, a building permit is required;
I. Documentation demonstrating that the sign installer has a valid Washington State contractor’s license when a sign requires a building permit unless the sign is being installed by the owner of the sign;
J. Application for an electrical permit from the city of Milton or other electric provider for any electrical sign;
K. A permit fee as adopted in the latest fee ordinance of the city council. (Ord. 1666 § 2, 2006; Ord. 1437 § 1, 2000).
17.50.060 Prohibited signs.
The following signs shall not be permitted in any zoning district:
A. Signs that pose a hazard to public health or safety, as determined by the building official;
B. Signs that make use of words such as “Stop,” “Look,” “One-Way,” “Danger,” “Yield,” “Slow, Children At Play,” “Detour,” “Road Construction” or any similar word, phrase, symbol, or light so as to interfere or be confused with pedestrian or vehicular public safety signs as identified in the AASHTO manual;
C. Signs displaying obscene, indecent, or immoral matter as per Chapter 5.44 MMC;
D. Signs that obstruct ingress or egress from fire escapes, doors, windows, or other exits or entrances;
E. Signs attached to or placed on any stationary vehicle or trailer, whether operating or not, so as to be visible from a public right-of-way for the purpose of providing advertisement of services or products or for the purpose of directing people to a business. This provision shall not apply to the identification of a firm or its principal products on operable vehicles operating in the normal course of business. Public transit buses and licensed taxis are exempt from this restriction;
F. Off-premises signs except for off-premises real estate signs as permitted under MMC 17.50.140;
G. Rotating and revolving signs;
H. Signs containing strobe lights that are visible beyond the property line;
I. Abandoned signs;
J. Permanent signs on undeveloped sites, except for subdivision signs;
K. Outdoor, portable electric signs;
L. Mobile readerboard signs except as permitted under MMC 17.50.140 as temporary signs;
M. Signs on utility poles;
N. Signs on sign posts of advisory signs such as “curve ahead,” “crosswalk,” or “road narrows”;
O. Blinking or flashing lights, balloons, searchlights, clusters of flags, strings of twirlers or propellers, flares, and other displays of a carnival nature, grand opening displays, or on a limited basis as seasonal decorations except as provided for in MMC 17.50.140;
P. Banners except as approved as temporary signs under MMC 17.50.140;
Q. Balloons except as approved as temporary signs under MMC 17.50.140;
R. Signs on or eligible for listing on federal or state historic registers are excluded from this provision;
S. No public address system or sound devices shall be used in conjunction with any sign or advertising device;
T. No sign shall be used as a fence nor shall any fence be used as a sign nor shall any sign be attached to a fence;
U. Billboard signs; and
V. Any other type or kind of sign that does not comply with the terms, conditions, provisions, and intent contained in this chapter and other applicable ordinances. (Ord. 1712 § 1, 2007; Ord. 1666 § 2, 2006; Ord. 1437 § 1, 2000).
17.50.070 Exempt signs.
The following signs do not require a permit for installation. All other provisions of this chapter apply.
A. Temporary political signs under six square feet per face;
B. Legal notices, identification, traffic, or other signs erected or required by governmental authority under any law, statute or ordinance;
C. Seasonal holiday decorations not including any form of advertising or the name of a business;
D. Handicap parking signs;
E. Signs on product dispensers permitted outside of a business. These signs may include signs on vending machines and gas pumps;
F. Menu boards for drive-through businesses; provided, that the copy on the sign is not intended to be readable from a public right-of-way;
G. Professional nameplates not exceeding two square feet in area;
H. Plaques, tablets or inscriptions indicating the name of a building, date of erection, or other commemorative information, that are an integral part of the building structure or are attached flat to the face of the building, that are nonilluminated, and that do not exceed four square feet in surface area;
I. Signs of the state, city or public service companies indicating danger, aids to service or safety, traffic control or traffic direction signs or signs identifying programs such as the adopt-a-road litter control program, etc.;
J. Historic site markers, plaques, or gravestones;
K. Address numbers or signs depicting a family name, such as Keck’s residence;
L. Signs on structures or improvements intended for a separate use, such as phone booths, charitable donation containers, and recycling boxes;
M. Building addresses with numbers and letters not more than 10 inches in height;
N. Signs not oriented or intended to be legible from a right-of-way, other property, or from the air. Examples may include signs identifying rules for a swimming pool, signs identifying restroom facilities, and tow-away signs;
O. Parking lot painting of handicap symbols, striping, numbers, and notations of compact spaces;
P. Painted wall decorations or murals;
Q. Painted wall highlights;
R. Signs affected by stipulated judgments to which the city is a party, entered by courts of competent jurisdiction;
S. Flags and commercial flags not to exceed 12 in number; and
T. Locally designated historic signs. The Milton Light and Water sign located on the western building elevation of the Public Works Building at 1000 Laurel Street has been identified as a sign of locally important historical significance. (Ord. 1666 § 2, 2006; Ord. 1437 § 1, 2000).
17.50.080 General provisions.
A. The area of all signs shall not exceed 200 square feet except for uses with building fronts more than 100 feet long. For uses in which the building linear front footage exceeds 100 feet, the maximum area of all signs shall not exceed an area equal to two times the linear front footage of the building or 450 square feet, whichever is less. Multiple occupancy buildings may display an additional 50 square feet of wall signage for no more than two building tenants, other than the primary tenant, subject to the provisions of MMC 17.50.110. In no instance shall the primary tenant be permitted to use any of the additional signage to increase the maximum allowed signage for the primary tenant.
B. Number and Spacing of Monument Signs. One monument sign is permitted per primary street frontage; one additional monument sign is permitted for each additional 300 feet of primary street frontage. Multiple monument signs shall be a minimum of 250 feet apart along one or more street frontages.
C. Indirect Lighting. Monument signs, where permitted in residential zones (RS, RMD, RM), shall only be illuminated from an indirect source. Civic uses that are a permitted or a conditional use in the residential zones may have an “electronic sign,” subject to the approval of a conditional use permit for the sign. For civic uses that are conditional uses in the residential zones, the approval for the use and the sign may be combined into a single conditional use permit. (Ord. 1666 § 2, 2006; Ord. 1474 § 2, 2001; Ord. 1437 § 1, 2000).
17.50.083 Signs in the right-of-way.
A. With the exception of traffic control and advisement signs, A-board/sandwich board signs, open house signs, real estate directional arrow signs, temporary political signs, temporary construction signs associated with work within the public right-of-way, and properly authorized banners (see MMC 17.50.140(A)(4)), no signs shall be erected or placed within the public right-of-way. Traffic control and advisement signs, A-board/sandwich board signs, open house signs, and real estate directional arrow signs may be placed in the right-of-way outside of median strips, public sidewalks, and vehicular and bicycle lanes. They may not block driveways or be affixed to utility poles, trees, or traffic signs, and shall not block vision clearance areas.
B. Vision Clearance Area. Pole signs are permitted in the vision clearance area where the bottom of the sign is at least 10 feet above the elevation of the street grade.
C. Vehicle Area Clearances. When a sign extends over a private area where vehicles travel or are parked, the bottom of the sign structure must be at least 14 feet above the ground. Vehicle areas include driveways, alleys, parking areas, and loading and maneuvering areas. Exceptions are prohibited.
D. Pedestrian Area Clearances. When a sign extends over a walkway or other space accessible to pedestrians, the bottom of the sign structure must be at least eight feet above the ground. Exceptions are prohibited. (Ord. 1666 § 2, 2006; Ord. 1474 § 2, 2001; Ord. 1437 § 1, 2000).
17.50.085 Freeway signs.
Freeway signs are located along and specifically oriented toward traffic on I-5.
A. Maximum Number and Spacing.
1. RS, RMD, RM, MX, CF, OS: Zero.
2. B, M-1: One per parcel or one per planned center when the parcel or planned center directly abuts the I-5 right-of-way. The parcel or planned center shall be a minimum of 12,000 square feet in area, or have been legally created prior to January 1, 2003, in order to erect a freeway sign. The freeway sign is in addition to other allowed signage, it shall be located along the side of the property nearest I-5, and it shall be oriented toward I-5.
B. Size Allocation.
1. RS, RMD, RM, MX, CF, OS: Does not apply.
2. B, M-1: Up to a maximum sign area of 250 square feet. No sign face shall exceed 125 square feet.
C. Maximum Height.
1. RS, RMD, RM, MX, CF, OS: Does not apply.
2. B, M-1: 40 feet.
D. Landscape and Siting Requirements. Freeway signs shall be located in a planting bed of equal area to the area of the sign. The planting bed may be included within the planting strips required under Chapter 17.15 MMC. The minimum dimension of the planting bed shall be 10 feet measured from inside face of the curb to inside face of curb. The planting beds shall be improved with the following:
1. One gallon groundcover planted 12 inches on center; and
2. One shrub per 10 square feet of sign area. Shrubs located within the vision clearance area shall not be taller than 36 inches. (Ord. 1666 § 2, 2006; Ord. 1563 § 2, 2003).
17.50.090 Pole signs.
Pole signs are an alternative to monument signs for planned centers on parcels of five acres or greater with a minimum of 300 feet of street frontage.
A. Maximum Number and Spacing.
1. RS, RMD, RM, MX: Zero.
2. B, CF, M-1, OS: One center identification sign per parcel of five acres or greater with a minimum of 300 feet of street frontage or one per planned center of five acres or greater with a minimum of 300 feet of street frontage. One additional center identification pole sign is permitted for each additional 300 lineal feet of street frontage. Multiple center identification pole signs shall be a minimum of 250 feet apart along one or more street frontages.
B. Size Allocation.
1. RS, RMD, RM, MX: Does not apply.
2. B, CF, M-1, OS: One square foot of sign area for each lineal foot of primary street frontage up to a maximum sign area of 200 square feet. No sign face shall exceed 100 square feet.
C. Maximum Height.
1. RS, RMD, MX: Does not apply.
2. RM: 12 feet.
3. B, CF, M-1, OS: 20 feet.
D. Landscape and Siting Requirements. Pole signs shall be located in a planting bed of equal area to the area of the sign. The planting bed may be included within the planting strips required under Chapter 17.15 MMC. The minimum dimension of the planting bed shall be five feet measured from inside face of curb to inside face of curb. The planting beds shall be improved with the following:
1. One gallon groundcover planted 12 inches on center; and
2. One shrub per 10 square feet of sign area. Shrubs located within the vision clearance area shall be not taller than 36 inches. (Ord. 1666 § 2, 2006; Ord. 1474 § 3, 2001; Ord. 1437 § 1, 2000).
17.50.100 Monument signs.
Monument signs are the preferred sign type along street frontages.
A. Maximum Number.
1. RS, RMD, MX: Zero for residential uses; one per street frontage for permitted or conditionally permitted nonresidential uses. One subdivision identification sign is permitted per subdivision greater than four gross acres in size.
2. RM: One per street frontage. The parcel must have a minimum 30 feet of street frontage.
3. B, CF, M-1, OS: One per street frontage. The parcel must have a minimum of 30 feet of street frontage.
B. Size Allocation.
1. RS, RMD, MX: Does not apply to residential uses. Maximum 64 square feet for permitted or conditionally permitted nonresidential uses; except for a subdivision identification sign which may be a maximum of 36 square feet.
2. RM: 64 square feet.
3. B, CF, M-1, OS: Minimum of 32 square feet plus one square foot per lineal foot of primary street frontage up to a maximum sign area of 96 square feet. No sign face shall exceed 48 square feet.
C. Maximum Height.
1. RS, RMD, MX: Eight feet.
2. RM: 12 feet.
3. B, CF, M-1, OS: 12 feet.
D. Landscape and Siting Requirements. Monument signs shall be located in a planting bed of equal area to the area of the sign. The planting bed may be included within the planting strips required under Chapter 17.15 MMC. The minimum dimension of the planting bed shall be five feet measured from inside face of curb to inside face of curb. The planting beds shall be improved with the following:
1. One gallon groundcover planted 12 inches on center; and
2. One shrub per 10 square feet of sign area. Shrubs located within the vision clearance area shall be not taller than 36 inches.
E. When Not Allowed. A monument sign is not permitted if existing signs attached to buildings exceed the limit of 15 percent of the wall area. (Ord. 1666 § 2, 2006; Ord. 1437 § 1, 2000).
17.50.105 Mixed use town center monument sign.
A. In addition to any other signs allowed by this chapter and notwithstanding any restriction placed by this chapter on off-premises signs, there is allowed one community monument sign in the mixed use town center. This community monument sign may be placed anywhere within the area depicted in Exhibit A, attached to Ordinance 1577 and incorporated by this reference as if set forth in full.
B. The community monument sign allowed by this section shall be a maximum of eight feet high, one foot thick and 64 square feet of area.
C. Only one community monument sign shall be allowed for the businesses located in the MX district.
D. The Milton/Edgewood Chamber of Commerce or the first MX district business to submit a complete application for a sign permit for a community monument sign shall be authorized to construct and maintain the sign upon acquiring approval of the permit. Any sign permit issued for a community monument sign shall expire if the sign is not constructed within six months of permit issuance, subject to a six-month extension for good cause as determined by the planning and community development director. If a sign permit expires or is denied, the right to build the sign shall go to the next person to file a complete permit application.
E. In addition to the requirements specified in MMC 17.50.050, an application for a community monument sign shall contain the following information:
1. An affidavit or declaration of mailing evidencing that all businesses within the MX district have been notified of the opportunity to have their business advertised on the community monument sign. Said notice shall have given businesses at least 15 days to elect to participate by written mailed or delivered response to a specified address. Said notice shall be mailed to the addresses of each business as identified in records at the Pierce County assessor’s office.
2. A list of all those businesses that have elected to participate.
3. An acknowledgement approved in form by the city that the applicant agrees to assume full responsibility for maintenance of the sign and compliance with applicable city regulations. The acknowledgement shall provide that the applicant may transfer its responsibilities to any other MX district business owner willing to sign the acknowledgement if a copy of the new acknowledgement is provided to the city.
4. An easement approved as to form by the city that authorizes the city to remove the sign at the expense of the person or entity subject to the acknowledgement identified in subsection (E)(3) of this section if the acknowledgor relinquishes its responsibilities to maintain the sign or comply with city regulations. The acknowledgor shall be deemed to have relinquished its responsibilities if it fails to undertake an act required by this section within 30 days of receiving written notice from the city.
F. In addition to any other requirement that may apply to a sign permit, the following conditions apply for the issuance of a sign permit for a community monument sign:
1. All businesses identified in subsection (E)(2) of this section shall have equal advertising space on the community monument sign. The acknowledgor can condition the participation of each business on entering into a private agreement with the acknowledgor to reimburse the acknowledgor for its proportionate share of costs in constructing the sign and fulfilling its responsibilities imposed by this code section. All advertising on the community monument sign shall be limited to advertising MX district businesses. Beyond those limitations identified in this subsection, the acknowledgor may not place any further limitations on participation in the community monument sign.
2. The community monument sign as proposed will comply with the requirements of this section and all other applicable city requirements.
G. The person or entity subject to the acknowledgement in subsection (E)(3) of this section shall have the following responsibilities upon permit issuance:
1. Ensure that the sign complies with all city regulations during the life of the sign, including maintenance responsibilities imposed by MMC 17.50.160 as now or hereafter amended.
2. Remove businesses advertised on the community monument sign that are no longer located within the MX district and replace them with businesses that wish to participate and have located in the MX district after notice to MX business was issued under subsection (E)(1) of this section. Businesses shall be given priority in order of seniority in the MX district. If no new business wishes to replace a business that is removed from the sign, the acknowledgor may inquire if businesses that previously declined to participate in the sign wish to be added, in order of seniority in the MX district. Any newly participating business shall be subject to the applicable limitations of subsection (F)(1) of this section. (Ord. 1666 § 2, 2006; Ord. 1663 § 19, 2006; Ord. 1577 § 1, 2003).
17.50.110 Signs attached to buildings.
Awning, fascia, graphic, marquee, roof, and wall signs are permitted signs for attachment to buildings. Signs attached to buildings are permitted on wall elevations that are viewable from public rights-of-way or on wall elevations containing public entrances to the building.
A. Maximum Number. No limit within the size allocation. A limit of one roof sign per wall elevation viewable to the public (see roof sign definition). Multiple occupancy buildings may display one additional wall sign for each tenant, other than the primary tenant, up to a maximum of two additional secondary tenant signs, subject to the maximum area per sign described in subsection C of this section.
B. Size Allocation.
1. RS, RMD: Four square feet for residential uses; 10 percent of the wall area for permitted or conditionally permitted nonresidential uses.
2. RM: Eight square feet.
3. MX: 48 square feet or 15 percent of the wall area, whichever is greater.
4. B, CF, M-1, OS: 48 square feet or 15 percent of the wall area, whichever is greater.
C. Maximum Area per Sign.
1. RS, RMD: Four square feet; 32 square feet per sign for signs for permitted or conditionally permitted nonresidential uses (roof signs are prohibited).
2. RM: Eight square feet (roof signs are prohibited).
3. MX: 100 square feet (each roof sign may be a maximum of 48 square feet, where no sign face may exceed 24 square feet). For multiple occupancy buildings, the individual building tenant signs allowed by subsection A of this section shall not exceed 25 square feet per sign face.
4. B, M-1: 200 square feet (each roof sign may be a maximum of 48 square feet, where no sign face may exceed 24 square feet). For multiple occupancy buildings, the individual building tenant signs allowed by subsection A of this section shall not exceed 25 square feet per sign face.
5. CF, OS: 100 square feet (each roof sign may be a maximum of 48 square feet, where no sign face may exceed 24 square feet).
D. Wall signs shall not exceed 12 inches in thickness. (Ord. 1666 § 2, 2006; Ord. 1474 § 4, 2001; Ord. 1437 § 1, 2000).
17.50.120 A-board/sandwich board signs.
A. Maximum Number.
1. RS, RMD, RM: Zero.
2. B, CF, M-1, MX, OS: One.
B. Size Allocation.
1. RS, RMD, RM: Does not apply.
2. B, CF, M-1, MX, OS: 12 square feet.
C. Maximum Height.
1. RS, RMD, RM: Does not apply.
2. B, CF, M-1, MX, OS: Four feet.
D. Duration. A-board/sandwich board signs are permitted to remain in place only during the hours of a business’ operation. A-board/sandwich board signs shall be removed at the close of business each day. (Ord. 1666 § 2, 2006; Ord. 1437 § 1, 2000).
17.50.130 Directional signs.
A. Type. Directional signs refer to a permanently erected single- or double-faced sign designed to guide or direct pedestrian or vehicular traffic to an area, place, or convenience.
B. Content. Directional signs shall only contain information on exits, entrances, parking, telephones, restrooms, or similar types of information and the name and/or logo of the business where the directional sign is located.
C. Number. One per directional access from a primary street frontage plus one additional directional sign per business.
D. Size and Height. The maximum size of directional signs shall be six square feet. The maximum height for directional signs shall be 42 inches. (Ord. 1666 § 2, 2006; Ord. 1437 § 1, 2000).
17.50.135 Political signs.
A. Political signs that require a building or electrical permit are prohibited.
B. Political signs on private property shall be subject to all applicable permit requirements.
C. Political signs are allowed in all zones.
D. Political signs on private property shall be limited to one sign per street frontage, and shall be no greater than 16 feet in area. (Ord. 1666 § 2, 2006).
17.50.140 Temporary signs.
A. Temporary signs shall conform to MMC 17.50.080.
1. Unless otherwise identified below, the duration of display of a temporary sign shall not exceed 90 days during any 12-month period, unless otherwise noted in subsection B of this section;
2. No flashing temporary signs of any type shall be permitted; however, internally illuminated signs, e.g., portable readerboards, shall be permitted; provided, that they conform to the current National Electrical Code and the National Electrical Safety Code;
3. All temporary signs shall be securely fastened and positioned in place so as not to constitute a hazard to pedestrians or motorists;
4. No temporary sign shall project over or into a public right-of-way or property except properly authorized banners over streets installed by the city of Milton.
B. The duration of display for the following temporary signs shall be as follows:
1. Grand opening displays including: posters, pennants, banners or streamers, balloons, searchlights, clusters of flags, strings of twirlers or propellers, flares, and other displays of a carnival nature (12-day maximum time period);
2. Lawn signs (30-day maximum time period);
3. Liquidation signs (one week maximum time period);
4. Garage, porch, and patio sale signs (72-hour maximum time period);
5. Yard sale signs (72-hour maximum time period);
6. Real estate signs (30-day maximum time period beyond the date when the property is sold or no longer offered for sale);
7. Off-premises real estate signs (daily, signs may only be posted during the hours of 8:00 a.m. and 6:00 p.m.);
8. Open house signs (72-hour maximum time period);
9. Subdivision signs (30-day maximum time period beyond the date when the final certificate of occupancy has been issued);
10. Construction signs denoting the architect, engineer or contractor, when placed upon the premises while construction work is in progress. Said signs not to exceed 16 square feet in area (30-day maximum time period beyond the date when the certificate of occupancy is issued for the last structure);
11. Nonprofit institutional signs for the purpose of soliciting funds for a capital project on the site. Such signs may not be permitted at the same time as a construction sign (maximum three years from date of permit application);
12. Rooftop balloon signs with a vertical dimension not greater than 25 feet (maximum of one week per calendar year per business);
13. Banners (maximum of six 21-day periods per calendar year);
14. Temporary signs, sports field (maximum of 75 days per calendar year); and
15. Political signs shall be removed within seven days after the election, except that a candidate who wins a primary election may continue to display political signs until seven days after the general election. (Ord. 1666 § 2, 2006; Ord. 1649 § 1, 2005; Ord. 1474 § 5, 2001; Ord. 1437 § 1, 2000).
17.50.150 Nonconforming signs.
A. A sign is legally nonconforming if it is out of conformance with this code, and:
1. The sign was lawfully erected in compliance with the applicable sign ordinance of the city or county which was effective at the time of sign installation, and a valid permit for such sign exists; or
2. The sign was erected prior to January 1, 1996.
B. A legal nonconforming sign shall be brought into compliance with this chapter or shall be removed if:
1. The sign is abandoned;
2. The sign is damaged in excess of 50 percent of its replacement value, unless such destruction is the result of vandalism or intentional destruction or removal by someone not authorized by the sign owner;
3. The owner seeks to change the sign structure supporting, holding, or surrounding the sign, other than minor maintenance or repair;
4. The owner seeks to change the copy of the sign. Changes to a sign face are changes in copy. Changes of removable letters or numbers are not considered changes in copy;
5. The tenant space(s) to which the sign applies is undergoing an expansion or renovation which increases the size of the tenant space floor area or site coverage by 20 percent or more, or the value of the expansion or renovation exceeds 50 percent of the assessed value of the structure;
6. The building to which the sign applies is demolished. (Ord. 1666 § 2, 2006; Ord. 1437 § 1, 2000).
17.50.160 Maintenance of signs.
All signs and landscape, including signs heretofore installed, shall be constantly maintained in a state of security, safety, and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous (see dangerous signs), it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign within five working days after receiving notice from the building official. For damaged or disrepaired signs, it shall be the duty of the owner and/or occupant to repair or remove the sign within 30 days. The premises surrounding a sign shall be free and clear of rubbish and the landscaping area free of weeds. (Ord. 1666 § 2, 2006; Ord. 1437 § 1, 2000).
17.50.170 Removal of signs.
A. All signs and sign structures nonconforming in the structural requirements as specified in the International Building Code which as a consequence are a hazard to life and property, or which by its condition or location present an immediate and serious danger to the public, shall be discontinued or made to conform within the time the building official may specify. In the event the owner of such sign cannot be found or refuses to comply with the order to remove, the building official shall then have the dangerous sign removed and the owner cited. The cost of removing the sign plus administrative costs will be charged to the property owner.
B. Any person who owns or leases a nonconforming sign shall remove such sign when the sign has been abandoned:
1. If the person who owns or leases such sign fails to remove it as provided in this section, the building official shall give the owner of the building, structure, or premises upon which such sign is located 60 days’ written notice to remove it;
2. If the sign has not been removed at the expiration of the 60 days’ notice, the building official may remove such sign at cost to the owner of the building, structure, or premises; and
3. Costs incurred by the city of Milton due to removal may be made a lien against the land or premises on which such sign is located, after notice and hearing, and may be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the city. (Ord. 1666 § 2, 2006; Ord. 1663 § 20, 2006; Ord. 1437 § 1, 2000).
17.50.180 Variances.
A. The land use administrator may grant a variance from the provisions of MMC 17.50.150(B)(4) requiring the removal of a nonconforming sign because of a change in copy only if the applicant demonstrates compliance with all of the following criteria:
1. The variance as approved shall not constitute a grant which is inconsistent with the intent of the most recently adopted version of the sign code;
2. That the granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and in the zone in which the subject property is located;
3. That the circumstances prompting the variance request do not result from the actions of the applicant. A change in telephone area code or street name are two examples of potential changes in copy that would not be prompted by the actions of the applicant.
B. Upon the written request of the applicant, the land use administrator may grant a variance to increase the height and/or size allocation of a sign by no more than 10 percent of the applicable standard.
C. The hearing examiner may grant a variance to the requirements of this chapter only if the applicant demonstrates compliance with all of the following criteria:
1. The variance as approved shall not constitute a grant which is inconsistent with the intent of the sign code;
2. That the variance is necessary because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located;
3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and in the zone in which the subject property is located;
4. That the special conditions and circumstances prompting the variance request do not result from the actions of the applicant;
5. That the variance as granted represents the least amount of deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this chapter;
6. That the granting of the variance shall result in greater convenience to the public in identifying the business location for which a sign code variance is sought; and
7. That the granting of the variance will not constitute a public nuisance or adversely affect the public safety and the proposed variance shall not interfere with the location and identification of adjacent buildings or activities. (Ord. 1666 § 2, 2006; Ord. 1437 § 1, 2000).
17.50.190 Penalty for violations.
A. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, move, improve, convert, demolish, equip, or use any sign or sign structure in the city, or cause or permit the same to be done, contrary or in violation of any provisions of this chapter.
B. Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and punishable as set forth in Chapter 1.08 MMC. (Ord. 1666 § 2, 2006; Ord. 1536 § 2, 2002; Ord. 1437 § 1, 2000).
17.50.200 Severability.
If any clause, sentence, paragraph, section or part of this chapter or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgement shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any part thereof to any other person or circumstances and to this end the provisions of each clause, sentence, paragraph, section or part of this law are hereby declared to be severable. (Ord. 1666 § 2, 2006; Ord. 1437 § 1, 2000).
Chapter 17.52
NONCONFORMING BUILDINGS AND USESSections:
17.52.010 Scope.
17.52.020 Continuing existing uses.
17.52.025 Single-family residential dwellings.
17.52.030 Alterations and enlargements.
17.52.040 Reconstruction.
17.52.050 Abandonment.
17.52.060 Change of use.
17.52.010 Scope.
The regulations pertaining to the several classifications shall be subject to the general provisions, conditions and exceptions contained in this chapter. The provisions of this chapter shall apply to buildings, lands, and uses which become nonconforming as a result of the application of this code to them, or from classification or reclassification of the property under this code, or any subsequent amendments thereto. (Ord. 1405 § 2, 1999).
17.52.020 Continuing existing uses.
Any lawful use of land and/or building or structure existing or under construction, or for which a building or use permit has been granted, and is still in force at the time this code becomes effective, may be continued, although such use does not conform to the provisions of the zone in which it is located, subject to the provisions of this chapter. (Ord. 1405 § 2, 1999).
17.52.025 Single-family residential dwellings.
The bulk and dimensional requirements of the residential single-family (RS) zoning district shall apply to any alterations to legally nonconforming single-family detached residences that are nonconforming due to residential use. Accessory uses and structures and alterations thereto are also allowed to the extent consistent with the RS zone; provided, that if any alterations involve a change in use or increase in density the alterations shall be subject to the underlying zoning. Alterations to lot lines are permitted so long as the alterations do not increase nonconformity with the requirements of the RS district. (Ord. 1646 § 1, 2005).
17.52.030 Alterations and enlargements.
A. Any nonconforming use may be extended throughout an existing building or structure.
B. Unless otherwise specifically provided in this code, nonconforming buildings may not be enlarged or structurally altered, unless the enlargement or structural alteration makes the building more conforming or is required by law. However, where a building or buildings and customary accessory buildings are nonconforming only by reason of substandard yards or open spaces, the provisions of this
code prohibiting structural alterations or enlargements of an existing building shall not apply; provided such alterations or enlargements do not increase the degree of nonconformity of yards or open spaces. Any enlargements or new buildings and structures shall observe the yard and open spaces required on the lot by this code.
C. Structural alterations or enlargements may be permitted if necessary to adapt a nonconforming building or buildings to new technologies, or equipment pertaining to the uses housed in the building or buildings, or to improve the appearance, functionality, or safety of the building or buildings, in a manner which will bring them into greater conformity with the surrounding area. The alterations or enlargements shall be authorized only by a variance processed in the manner prescribed by this code.
D. Normal upkeep, repair, and maintenance of nonconforming buildings is permitted; provided such activities shall not increase the nonconformity of the building or buildings.
E. Except as otherwise provided in this chapter, no nonconforming use shall be enlarged or increased, nor shall any such nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time this code becomes effective, nor shall any such nonconforming use be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by the nonconforming use at the time of the adoption of this code. (Ord. 1405 § 2, 1999).
17.52.040 Reconstruction.
Any nonconforming building or structure which has been damaged by fire, earthquake, flood, wind, or other disaster to not more than 75 percent of its value at the time of its destruction may be rebuilt for the same nonconforming use only, but the restoring of any such nonconforming building shall not serve to extend or increase the nonconformance of the original building or use. (Ord. 1405 § 2, 1999).
17.52.050 Abandonment.
If any nonconforming use of land and/or building or structure is abandoned and/or ceases for any reason whatsoever, including destruction of the building, for a period of one year or more, any future use of such land and/or building or structure shall be in conformity to the regulations of the zoning district in which it is located, as specified by this code. (Ord. 1405 § 2, 1999).
17.52.060 Change of use.
Any nonconforming use of land and/or buildings or structures shall not be changed to any other use, unless the proposed use is one that is permitted in the zoning district in which the nonconforming use is located. If a new use is desired, which is no less conforming than the existing use, a variance may be obtained before the requested use can commence. (Ord. 1405 § 2, 1999).
Chapter 17.56
TEMPORARY USESSections:
17.56.010 Temporary construction buildings.
17.56.020 Temporary construction signs.
17.56.030 Temporary real estate office.
17.56.040 Temporary real estate signs.
17.56.010 Temporary construction buildings.
Temporary structure for the housing of tools and equipment, or containing supervisory offices in connection with major construction projects, may be established and maintained during the progress of such construction on such projects, and shall be abated within 30 days after completion of the project or 30 days after cessation of work. (Ord. 1405 § 2, 1999).
17.56.020 Temporary construction signs.
Signs identifying persons engaged in construction on a site shall be permitted as long as construction is in progress, but not to exceed a six-month period. (Ord. 1405 § 2, 1999).
17.56.030 Temporary real estate office.
One temporary real estate sales office may be located on any new subdivision in any zone; provided the activities of the office shall pertain only to the selling of lots within the subdivision upon which the office is located; and provided further, that if the subdivision is in any RS or RM zone the temporary real estate office shall be removed at the end of a 12-month period measured from the date of the recording of the final plat upon which the office is located. (Ord. 1405 § 2, 1999).
17.56.040 Temporary real estate signs.
Two temporary real estate signs or billboards, not to exceed 50 square feet in area per face, or one sign or billboard not to exceed an area of 100 square feet of face may be located on any new subdivision in any zone; provided such signs or billboards, if in an RS or RM zone, shall be removed at the end of a 12-month period measured from the date of the recording of the final plat upon which the real estate signs or billboards are located. (Ord. 1405 § 2, 1999).
Chapter 17.58
WIRELESS COMMUNICATION FACILITIESSections:
17.58.010 Purpose.
17.58.020 Definitions.
17.58.030 Exemptions.
17.58.040 WCF locations.
17.58.050 General provisions.
17.58.060 Performance standards.
17.58.070 Facility removal.
17.58.080 Electromagnetic field (EMF) standards compliance.
17.58.090 Application requirements.
17.58.100 Minor modifications.
17.58.110 Entitlement.
17.58.120 Permit limitations.
17.58.130 Fees.
17.58.140 Appeals.
17.58.010 Purpose.
This chapter addresses the issues of location and appearance associated with wireless communication facilities (WCF). It provides adequate siting opportunities through a range of locations and options that minimize safety hazards and visual impacts sometimes associated with wireless communications technology. The siting of facilities on existing buildings or structures, collocation of several providers’ facilities on a single support structure, and visual mitigation measures are encouraged to maintain neighborhood appearance and reduce visual clutter in the city. This ordinance is subject to periodic review and revision in accordance with the comprehensive plan. (Ord. 1383 § 1, 1998).
17.58.020 Definitions.
For the purpose of this chapter, the words and phrases used in this chapter shall have the following meanings unless the context otherwise indicates:
A. “Abandonment” or “abandoned” means: (1) to cease operation for a period of 90 or more consecutive days; or (2) to reduce the effective radiated power of an antenna by 75 percent for 90 or more consecutive days.
B. “Antenna(s)” means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, includes, but is not limited to:
1. Whip Antenna(s). An omni-directional antenna that transmits and receives radio frequency signals in a 360-degree radial pattern. Typically four inches or less in diameter.
2. Panel Antenna(s). A directional antenna that transmits and receives radio frequency signals in a specific directional pattern of up to 120 degrees. Typically thin and rectangular in shape.
3. Tubular Antenna(s). A hollow tube, typically 12 inches in diameter, containing either omni-directional or directional antenna(s), depending on the specific site requirement; often used as a means to mitigate the appearance of antenna(s) on top of light standards and power poles.
4. Parabolic (or Dish) Antenna(s). A bowl-shaped device for the reception and/or transmission of communications signals in a narrow and specific direction.
5. Ancillary Antenna(s). An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide wireless communications services. An example would be a global positioning satellite (GPS) antenna.
C. “Co-location” means the placement and arrangement of multiple providers, antenna(s) and equipment on a single support structure or equipment pad area.
D. “Electromagnetic field (EMF)” means the field produced by the operation of equipment used in transmitting and receiving radio frequency signals.
E. “Equipment shelter” means the structure associated with a WCF that is used to house electronic switching equipment, cooling system, and backup power systems.
F. “Microcell” means a wireless communication facility consisting of an antenna that is either: (1) four feet in height and with an area of not more than 580 square inches; or (2) if a tubular antenna, no more than 12 inches in diameter and no more than six feet high.
G. “Micro cellular radio device” refers to small repeater radio equipment that is installed unobtrusively below light standards and power poles as illustrated in Figure B at the end of this chapter.
H. “Minor facility” means a wireless communication facility consisting of up to three antennae, each of which is either (1) four feet in height and with an area of not more than 580 square inches; or (2) if a tubular antenna, no more than 12 inches in diameter and no more than six feet high, and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area; or (3) a whip antenna that is four inches or less in diameter and no more than 15 feet in length.
I. “Nonresidential structure” means a structure used for nonresidential use. No portion of the structure shall be used for residential use.
J. “Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in Title 47, United States Code, Section 332(c)(7)(C).
K. “Right-of-way” means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, lane, public way, drive, or circle, including, but not limited to, public utility easements, or dedicated utility strips.
L. “Site control” means (1) optionee; (2) contract purchaser; (3) owner in fee simple; or (4) lessee.
M. “Support structure” means any built structure, including any guy wires and anchors, to which antenna and other necessary associated hardware is mounted. Support structures may include the following:
1. “Lattice tower” means a support structure that consists of a network of crossed metal braces, forming a tower that is usually triangular or square in cross-section.
2. “Guy tower” means a support structure such as a pole or narrow metal framework that is held erect by the use of guy wires and anchors.
3. “Monopole” means a support structure that consists of a single steel pole sunk into the ground and/or attached to a concrete pad.
4. “Existing nonresidential structure” means existing structures, identified in this chapter, to which a wireless communication facility (WCF) may be attached with certain conditions.
N. “Stealth antenna(s)” means antenna(s) installed inside a non-antenna structure, or camouflaged to appear as non-antenna structures.
O. “Wireless communications” means any personal wireless services as defined in the Federal Telecommunications Act of 1996 that includes FCC licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), paging, and similar services that currently exist or that may in the future be developed.
P. “Wireless communication facility (WCF)” means an unstaffed facility for the transmission and/or reception of radio frequency (RF) signals through electromagnetic energy usually consisting of an equipment shelter or cabinet, a support structure and the transmission and reception devices or antenna. (Ord. 1383 § 1, 1998).
17.58.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.
B. Antenna(s) and related equipment no more than three feet in height that are being stored, shipped, or displayed for sale.
C. Facilities used for purposes of public safety, such as, but not limited to, police, hospitals, and the regional 911 system.
D. Wireless radio utilized for temporary emergency communications in the event of a disaster.
E. Licensed amateur (ham) radio stations.
F. Satellite dish antenna(s) less than six feet in diameter, including direct to home satellite services, when used as a secondary use of the property.
G. Wireless communication facilities which existed on or prior to the effective date of the ordinance codified in this chapter; except that this exemption does not apply to modifications of existing facilities.
H. Routine maintenance or repair of a wireless communication facility and related equipment, (excluding structural work or changes in height or dimensions of antennae, towers, or buildings); provided, that compliance with the standards of this chapter are maintained.
I. Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a wireless communication facility until 30 days after the completion of such emergency activity. (Ord. 1383 § 1, 1998).
17.58.040 WCF locations.
A. Zoning Districts. WCFs may be located in the following zoning districts:
1. Business;
2. Light Industrial.
B. Existing Buildings and Structures. In addition to the zoning districts identified in subsection A of this section, WCFs may also be placed on the following existing buildings and structures:
1. Any tower currently used by a permitted WCF; provided, that the tower is in full compliance with all terms and conditions of its approval.
2. The city and Lakehaven Utility District water tanks; provided, that only whip antenna(s), or panel antenna(s) mounted on the side which do not extend above the top of the tank, may be located on water tanks.
3. Existing light standards and power poles located in rights-of-way when the WCF consists of a single whip that does not exceed 15 feet in height, a tubular antenna that does not exceed six feet in height, or a micro cellular radio device when the equipment cabinet is underground; provided, that the height of the light standard or power pole is not increased but for the height of the antenna. (Ord. 1383 § 1, 1998).
17.58.050 General provisions.
A. Principal or Accessory Use. WCFs may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of a WCF on that lot.
B. Not Essential Public Facilities. WCFs are not considered essential public facilities as defined in the Growth Management Act and shall not be regulated or permitted as essential public facilities.
C. FCC Licensing. The applicant must demonstrate that it is licensed by the FCC if required. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider, if they are required to be licensed by the FCC.
D. Lot Size. For purposes of determining whether the installation of a WCF complies with district development standards, such as, but not limited to, setback and perimeter landscape requirements, the dimensions of the entire lot shall control, even though a WCF may be located on a leased area within that parcel.
E. City Performance Standards. All WCF installations shall comply with all relevant provisions of the Milton Municipal Code.
F. Federal and State Standards. The WCF shall comply with all FAA regulations and environmental impact assessment standards and all other applicable federal and state laws and regulations.
G. Business Registration. All applicants shall obtain a city business registration, if required, prior to issuance of any permits. (Ord. 1383 § 1, 1998).
17.58.060 Performance standards.
The following requirements and performance standards shall apply to any wireless communication structure or facility:
A. Facility Preference. Proposed antenna(s), associated structures and placement shall be evaluated, based on available aesthetic and transmission technologies, for approval and use in the following order of preference:
1. Stealth antenna(s);
2. Antenna(s) attached to a nonresidential structure, only when subsection (A)(1) of this section cannot be reasonably accomplished;
3. Co-location on existing facilities, only when subsections (A)(1) or (A)(2) of this section cannot be reasonably accomplished;
4. Co-location on new freestanding facilities which extend more than 15 feet above the height limitation of the site’s zoning district, only when subsections (A)(1) through (A)(3) of this section cannot be reasonably accomplished.
5. Freestanding facilities which extend no more than 15 feet above the height limitation of the site’s zoning district, only when subsections (A)(1), (A)(2), and (A)(3) of this section cannot be reasonably accomplished. The application shall include the following information:
a. The applicant shall provide proof of inability to locate on existing tower facilities in the immediate vicinity due to the following:
i. Refusal of the tower owner to provide space at a fair rate of compensation;
ii. The existing tower location or configuration is incompatible with the applicant’s system; or
iii. Property owner refusal.
If the applicant chooses to construct new freestanding facilities, monopoles shall be the only freestanding structures allowed in the city. The applicant shall bear the burden of proof to demonstrate that a facility of higher order of preference cannot be reasonably accommodated on the same or other properties. The city reserves the right to retain a qualified consultant, at the applicant’s expense, to review the supporting documentation for content and accuracy.
B. Co-Location. Shared use of support structures and other associated facilities by multiple parties is encouraged. Co-location WCFs shall be permitted to exceed the height limitations for freestanding transmission facilities. In no case, however, shall more than two service providers be permitted to co-locate on a single WCF. Prior to city approval of any new freestanding transmission tower:
1. An application for a new freestanding, co-location WCF requires two service providers to be party to the application;
2. A new freestanding, co-location WCF shall be permitted to exceed the height limits for new freestanding WCF facilities by 15 feet to allow adequate separation between service providers;
3. The city shall forward all new freestanding, co-location WCF applications to a qualified consultant to review the proposal for accuracy;
4. As a condition of city approval of any new freestanding co-location transmission towers, the applicant shall ensure the availability of adequate space to accommodate associated equipment shelters/cabinets of both service providers party to the application.
C. Critical Areas. No antenna shall be located in a critical area or associated buffer required by the city’s critical areas ordinance except through a variance granted by the hearing examiner.
D. Height. Height is measured from the top of the antenna(s). No freestanding WCF for a single service provider shall be approved that is taller than 15 feet above the height limitation of the underlying zoning district. New freestanding co-location WCFs shall be permitted to exceed the height limitation of single service WCFs by a maximum of 15 feet. Freestanding stealth antenna(s) shall have no height limitation (see Figure A at the end of this chapter).
E. Setbacks. A freestanding WCF, including support structure and associated equipment, shall maintain a 30-foot setback from property line(s); except when on a lot adjacent to a residentially zoned property, then the minimum setback from the property line(s) of the adjacent residentially zoned property shall be 60 feet (see Figure C at the end of this chapter).
F. State and Federal Preemption. Federal law prohibits consideration of environmental effects of radio frequency emissions to the extent that the proposed facilities comply with the Federal Communications Commission regulations concerning emissions. All other city regulations shall apply, unless specifically preempted by state or federal authority.
G. Impacts. Wireless communication facilities shall be located and installed in such a manner so as to minimize impacts on the skyline and surrounding area in the following manner:
1. Antenna(s) may not extend more than 15 feet above their supporting structure, monopole, building, or other structure.
2. Site location and development shall preserve the pre-existing character of the surrounding buildings, land use, and the zone district to the extent possible, while maintaining the function of the communications equipment. Wireless communication facilities shall be integrated through location, siting, and design to blend in with the existing characteristics of the site through application of the following measures:
a. Existing on-site vegetation should be preserved insofar as possible or improved, and disturbance of the existing topography shall be minimized unless such disturbance would result in less visual impact of the site to the surrounding area;
b. To the extent practicable, and in order to minimize impacts on the skyline and surrounding area, WCFs should be located adjacent to existing vegetation and buildings.
3. Related equipment facilities used to house wireless communications equipment shall be located within buildings, or planned underground when possible. When they cannot be located in buildings or placed underground, equipment shelters or cabinets shall be screened. Alternate methods for screening may include the use of building or parapet walls, sight-obscuring fencing and/or berms, landscaping, screen walls, equipment enclosures, or any combination of the above.
4. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind.
5. WCFs shall not be lighted, except for emergency work lights, unless required by the FAA or other applicable authority.
6. WCFs shall conform to the city’s noise regulations. (Ord. 1383 § 1, 1998).
17.58.070 Facility removal.
In instances where a WCF is to be removed, the removal shall be in accordance with the following procedures:
A. The operator of a WCF shall notify the city upon the discontinued use of a particular facility. The WCF shall be removed by the facility owner within 180 days of the date the site’s use is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts; and
B. If the provider fails to remove the facility upon 180 days of its discontinued use, the responsibility for removal falls upon the landholder on which the facility has been located. If the landholder fails to remove the facility within 90 additional days, the city may cause the facility to be removed at the owner’s expense. (Ord. 1383 § 1, 1998).
17.58.080 Electromagnetic field (EMF) standards compliance.
All WCFs shall be operated in compliance with the following standards:
A. The applicant shall comply with federal standards for EMF emissions. Individuals may request that a service provider perform an EMF emissions test. The cost for conducting such tests, however, shall be borne by the individual requesting the test. Copies of performance reports prepared and transmitted to the FCC for licensing compliance shall be forwarded to the city for inclusion in the project file.
B. The applicant shall ensure that the WCF will not cause localized interference with the reception of, but not limited to, area television or radio broadcasts. If, on review of a registered complaint, the city finds that the WCF interferes with such reception, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. If the permit is revoked, then the facility shall be removed per MMC 17.58.070. (Ord. 1383 § 1, 1998).
17.58.090 Application requirements.
Applications for a WCF shall be in a form prescribed by the city and at a minimum shall contain the following information:
A. A signed statement indicating that the applicant has complied with the performance standards identified in MMC 17.58.060(A) and (B). Relevant correspondence with existing service providers and other reports shall accompany the required statement.
B. Photosimulations of the proposed facility from affected residential properties and public rights-of-way at varying distances.
C. A site plan clearly indicating the location, type and height of the proposed WCF, legal description of the parcel, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, and a complete description of all measures proposed to camouflage the facility including the type and location of plant materials used to screen the facility, and the proposed color schemes for the facility and the method of fencing.
D. Copies of any environmental documents required by any federal or state agency. These shall include the environmental assessment required by FCC paragraph 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
E. Evidence of site control.
F. A current map showing the location and service area of the proposed WCF, a map showing the locations and service areas of other wireless communication facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city.
G. The approximate distance, in feet, between the proposed tower and the nearest residentially zoned dwelling unit, platted residentially zoned properties, and unplatted residentially zoned properties.
H. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions.
I. If the facility is proposed for location in the city right-of-way, evidence of bonding and insurance in amounts prescribed by the city.
J. The application shall include documentation demonstrating compliance with the city’s storm water management requirements.
The land use administrator shall issue a written determination when an application has been determined to be complete. (Ord. 1383 § 1, 1998).
17.58.100 Minor modifications.
Modifications to an approved WCF that do not alter the bulk, dimensions, or use shall be reviewed by the land use administrator administratively through the submittal of minor site plan approval application. (Ord. 1383 § 1, 1998).
17.58.110 Entitlement.
Under the minor site plan approval application, the land use administrator shall review WCF applications complying with facility preference, MMC 17.58.060(A)(1) through (A)(3).
Under the conditional use permit application, the hearing examiner shall review WCF applications complying with facility preference, MMC 17.58.060(A)(4) and (A)(5). (Ord. 1383 § 1, 1998).
17.58.120 Permit limitations.
Approved permits issued by the city for WCFs shall be restricted by the following permit limitations:
A. An approved permit shall be valid for one year from the date of the city’s approval, with opportunity for a six-month extension. If not used within one year, or within the extension period, the permit shall become null and void unless the delay is the result of actions by the city or the courts.
B. No facility, site or permit may be sold, transferred, assigned or sublet without written notification to the city. This notification shall include a statement acknowledging and accepting the terms and conditions of all permits issued for the site and/or facility by city, state or federal agencies, and:
1. Documentation that the site/facility is currently in full compliance with its permits and applicable city ordinances;
2. A statement assuring ongoing compliance with all permits and applicable city ordinances. (Ord. 1383 § 1, 1998).
17.58.130 Fees.
It is the policy of the city that applicants pay the full reasonable costs associated with processing an application.
A. The applicant shall reimburse the city for reasonable costs associated with processing a WCF application. These costs include the costs of professional engineers and other consultants hired by the city to review and inspect the applicant’s proposal when the city is unable to do so with existing in-house staff. These professional services may include, but are not limited to, engineering, technical reviews, legal, planning, hearing examiner, environmental review, critical areas review, financial, accounting, soils, mechanical, and structural engineering. In the event that a project requires special staff analysis beyond that which is included in the base fee, the applicant shall reimburse the city at the hourly rate identified in the city’s current fee ordinance in place at the time of application. The applicant shall make a deposit in the amount identified in the city’s current fee ordinance for conditional use permit applications or minor site plan approval, depending on the type of WCF application filed with the city. (Ord. 1383 § 1, 1998).
17.58.140 Appeals.
Pursuant to MMC 17.64.070, appeals from any order, requirement, interpretation, decision or determination made by the land use administrator shall be filed in writing, in duplicate, with the hearing examiner within 20 days of the date of the action being appealed.
A party with standing may appeal the hearing examiner’s final decision pursuant to the provisions of the state’s Land Use Petition Act, RCW 36.70C.005 through 36.70C.140. (Ord. 1383 § 1, 1998).
Figure A
Figure B
Figure C
Chapter 17.60
MOBILE HOME PARKSSections:
17.60.010 Permit – Requirements and fees.
17.60.020 Permit – Requirements.
17.60.030 Lot area and width.
17.60.040 Coverage.
17.60.050 Zero lot line developments.
17.60.060 Recreational facilities.
17.60.070 Setbacks for structures.
17.60.080 Landscaping and screening.
17.60.090 Business signs.
17.60.100 Lot individuality.
17.60.110 Bond.
17.60.120 Inspection – Required.
17.60.130 Inspection – Fees.
17.60.010 Permit – Requirements and fees.
No person, company or corporation shall establish a new mobile home park or enlarge an existing mobile home park within the city limits without first obtaining a conditional use permit from the city. (Ord. 1688 § 1, 2007; Ord. 1405 § 2, 1999).
17.60.020 Permit – Requirements.
The permit shall require the following:
A. A plat as provided by the plat and subdivision laws of the city, showing the location of the proposed mobile home park and all buildings, sanitary facilities, playground recreation areas, driveways, and individual mobile home lots, and including all dimensions of the mobile home park tract, the building envelope for each individual home, lot parking facilities, patio, storage, lighting, utilities, landscaping screening design, and other requirements of the platting and subdivision laws of the city.
B. The minimum size of the mobile home park shall be 15 acres. (Ord. 1688 § 1, 2007; Ord. 1405 § 2, 1999).
17.60.030 Lot area and width.
Each mobile home lot shall have a minimum area of 4,400 square feet and a minimum width of 50 feet at a point one-half the distance of the lot depth. (Ord. 1688 § 1, 2007; Ord. 1405 § 2, 1999).
17.60.040 Coverage.
There shall be a minimum of 6,200 square feet total land area per mobile home lot. Maximum lot coverage shall be 60 percent of the total park area. The total park area shall include driveways and private thoroughfares, playground-recreation areas, individual trailer lots, and caretaker’s quarters within the plat. (Ord. 1688 § 1, 2007; Ord. 1405 § 2, 1999).
17.60.050 Zero lot line development.
A mobile home park may be platted as a zero lot line development. In this arrangement, all mobile homes and auxiliary structures are massed along one side of the lot with the opposite side consisting of open space. No two lots are allowed to have the building amassed along an adjacent internal lot line without a minimum 10 feet of horizontal separation between structures on the two lots. No structure may be placed within 10 feet of the perimeter boundary of the mobile home park. Generally, all lots along the same side of the street shall have the homes and structures amassed such that the open space appears on the same side of each lot when faced from the street. All other setbacks from public right-of-way and the edge of thoroughfare noted in MMC 17.60.070 apply to zero lot line developments. Please see figure below.
(Ord. 1688 § 1, 2007).
17.60.060 Recreational facilities.
All mobile home parks within the city shall provide general recreational facilities. The hearing examiner shall find that each mobile home park shall provide sufficient recreational facilities to serve the inhabitants of the mobile home park. (Ord. 1688 § 1, 2007; Ord. 1405 § 2, 1999. Formerly 17.60.050).
17.60.070 Setbacks for structures.
Except when platted as a zero lot line development (MMC 17.60.050), every mobile home shall have a setback of not less than five feet from the side lot lines and a minimum of 10 feet set back from the rear yard lines. No building, carport, or other auxiliary structure shall be permitted closer than 20 feet to any property line that abuts a street or public right-of-way, and no closer than 10 feet from the edge of the private thoroughfare or the perimeter of the mobile home park.
Also, except when platted as a zero lot line development (MMC 17.60.050), an auxiliary building shall be located no closer than five feet from any lot line. (Ord. 1688 § 1, 2007; Ord. 1405 § 2, 1999. Formerly 17.60.060 and 17.60.100).
17.60.080 Landscaping and screening.
At a minimum, new mobile home parks shall provide landscaping and screening that conforms to the requirements of Chapter 17.15 MMC. In the capacity of approving a conditional use permit for a mobile home park, the hearing examiner shall find that the privacy of adjacent properties are maintained. (Ord. 1688 § 1, 2007; Ord. 1405 § 2, 1999. Formerly 17.60.070).
17.60.090 Business signs.
Business signs shall conform to the provisions set forth in Chapter 17.50 MMC. (Ord. 1688 § 1, 2007; Ord. 1405 § 2, 1999. Formerly 17.60.080).
17.60.100 Lot individuality.
Each mobile home lot shall be established within the park so as to give maximum individuality of appearance of each lot. (Ord. 1688 § 1, 2007; Ord. 1405 § 2, 1999. Formerly 17.60.090).
17.60.110 Bond.
Each applicant in the establishment of the new mobile home park shall file with the city a performance surety bond in an amount equivalent to 10 percent of the cost of furnishing the recreational and other facilities required as conditions of approval for the mobile home park. (Ord. 1688 § 1, 2007; Ord. 1405 § 2, 1999).
17.60.120 Inspection – Required.
There is established a program of annual inspection of all mobile home parks established within the city, pursuant to the terms and conditions of this chapter. The clerk is directed to institute and administer the inspection program and to annually report to the city council the results of the inspection. The purpose of the inspection is to assure that the mobile home parks are maintained in all respects to assure the health, safety and welfare of the inhabitants of the mobile home parks and the inhabitants of the city living adjacent to the parks. (Ord. 1688 § 1, 2007; Ord. 1405 § 2, 1999).
17.60.130 Inspection – Fees.
There is established an annual inspection fee for all mobile home parks in the sum of $100.00. The mobile home parks shall pay said sum of money on or before February 1st of each calendar year on forms to be supplied by the city. (Ord. 1688 § 1, 2007; Ord. 1405 § 2, 1999).
Chapter 17.61
LAND USE PERMIT PROCEDURESSections:
17.61.010 Definitions.
17.61.020 Application requirements.
17.61.030 Applications considered by the hearing examiner.
17.61.040 Expiration of permits.
17.61.050 Modification/revision to permits.
17.61.010 Definitions.
As used in this chapter, the following terms are defined as:
A. “Application, complete” means an application which meets the requirements outlined in Chapter 17.72 MMC and MMC 17.61.020.
B. “Department” means the planning and building department.
C. “Open record hearing” means a hearing, conducted by a single hearing body or officer authorized to conduct such hearings, that creates a record through testimony and submission of evidence and information.
D. “Project permit or project permit application” means any land use or environmental permit or license required for a project action, including, but not limited to, subdivisions, short subdivisions, variances, planned development district master plans, conditional uses, shoreline substantial development permits, site plan approval, permits or approvals required by the critical areas ordinance, site-specific rezones authorized by a comprehensive plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations, except as otherwise specifically included in this subsection.
E. “Public meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the decision. A public meeting does not constitute an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation shall be included in the project permit
application file. (Ord. 1484 § 5, 2001; Ord. 1405 § 2, 1999).
17.61.020 Application requirements.
A. Purpose. The purpose of this section is to outline land use permit and application requirements.
B. Applicability. The regulations identified in this section apply to land use permits for which the city council, planning commission, planning and community development director or hearing examiner have advisory or final decisionmaking authority. The applicant for a land use permit requested under this title shall have the burden of proving that a proposal is consistent with the criteria for such application.
C. Application Requirements.
1. Preapplication Meeting. The preapplication meeting is a meeting scheduled by planning and community development department staff with a potential applicant for a land use permit to discuss the application submittal requirements and pertinent fees. A preapplication meeting is required prior to submittal of an application for zoning amendment, platting, variance, conditional use permit, shoreline management substantial development (including conditional use, variance, revision and exemptions), wetland/stream development permits, and site plan approval. This requirement may be waived by the planning and community development director. The preapplication meeting is optional for other permits.
2. Form and Content of a Complete Application. The planning and community development department shall prescribe the form and content for complete applications made pursuant to MMC Titles 16, 17 and 18. The applicant is responsible for providing complete and accurate information on all forms as specified below. The planning and community development department shall not commence review of any application set forth in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications for land use permits for which the city council, planning commission, planning and community development director or hearing examiner have advisory or final decisionmaking authority shall be considered complete as of the date of determination by the planning and community development director that the materials submitted meet the requirements of this section. Applications shall include the following:
a. A master application form provided by the planning and community development department and completed by the applicant that allows for the filing of a single application for all land use permits requested for the development proposal at the time the application is filed. The master application must include the property owner’s signature(s), must be notarized, and must identify whether the applicant is the property owner or whether the applicant is authorized to represent the property owner;
b. A completed State Environmental Policy Act checklist, if required, containing all information required to adequately determine the potential environmental impacts of the proposal;
c. A current certificate of sewer availability;
d. A current certificate of water availability;
e. A site plan, prepared in a form prescribed by the planning and community development director and generally described in MMC 17.62.040;
f. A list of any permits or decisions applicable to the development proposal that have been obtained prior to filing the application or that are pending before the city or any other governmental entity;
g. A certificate of transportation concurrency;
h. A determination if drainage review applies to the project pursuant to Chapter 13.26 MMC;
i. Current assessor’s maps;
j. Two sets of mailing labels for all taxpayers of record for parcels wholly or partially within a radius of 500 feet of the exterior boundaries of the subject property, and a list of tax parcels for which mailing labels are provided;
k. Legal description for the site, including tax parcel identification number(s);
l. Variances obtained or required under MMC Title 17 to the extent known at the date of application;
m. A vicinity map identifying the site at a scale of 1:200 or at an alternative scale approved by the planning and community development department;
n. Payment of all applicable fees per the latest fee ordinance or resolution; and
o. Additional application information which may be requested by the planning and community development department and may include, but is not limited to, the following: geotechnical studies, hydrologic studies, noise studies, air quality studies, visual analyses, and transportation impact studies.
D. Initiation of Review Process. The planning and community development department shall review a submitted application to determine its completeness, but will not begin processing an application until the application is found to be complete. An application is deemed complete when it meets the procedural submission requirements of this section and other applicable sections and is sufficient for continued processing, even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the planning and community development department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the planning and community development director.
E. Additional complete application requirements of the following land use permits are set forth in the following sections of the MMC:
1. Subdivision applications, short subdivision applications and binding site plan applications, MMC Title 16;
2. Site plan approval, Chapter 17.62 MMC; and
3. Other application requirements, including, but not limited to, grade and fill, Chapter 12.04 MMC.
F. The planning and community development director may specify the requirements of the site plan required to be submitted for various permits and may waive any of the specific submittal requirements listed herein that are determined to be unnecessary for review of an application.
G. The applicant shall attest by written oath to the accuracy of all information submitted for an application.
H. Notice of Complete or Incomplete Application.
1. Within 28 days after receiving a development permit application, the planning and community development department shall provide in writing to the applicant either:
a. A notice of complete application; or
b. A notice of incomplete application and what information is necessary to make the application complete.
The 28-day time period shall be determined by calendar days from the date the application was filed to the postmarked date on the written notice from the planning and community development department.
2. An application shall be found complete if the department does not, within 28 days, provide to the applicant a notice of incomplete application.
3. If the application is determined to be incomplete, and additional information is requested, within 14 days after an applicant has submitted the requested additional information the planning and community development department shall notify the applicant whether the information submitted adequately responds to the notice of incomplete application, thereby making the application complete, or what additional information is still necessary.
I. Inactive Applications. If an applicant fails to submit information identified in the notice of incomplete application or subsequent revision request within 120 days from the planning and community development department’s mailing date, or does not communicate the need for additional time to submit information, the planning and community development department may consider the application inactive. Once an application is inactive, the director may require a new application and/or fees to reactivate the file.
J. Modification to Application. Proposed modifications to an application which the planning and community development department has previously found to be complete will be treated as follows:
1. Modifications proposed by the planning and community development department to an application shall not be considered a new application.
2. If the applicant proposes modifications to an application which would result in a substantial increase in a project’s impacts, as determined by the planning and community development director, the application may be considered a new application. The new application shall conform to the requirements of this title which are in effect at the time the new application is submitted.
K. Limitations on Refiling of Application.
1. Applications for a land use permit pursuant to this chapter on a specific site shall not be accepted if a similar permit has been denied on the site within the 12 months prior to the date of submittal of the application. The date of denial shall be considered the date the decision was made on an appeal, if an appeal was filed, or the date of the original decision, if no appeal was filed.
2. The 12-month time period may be waived or modified if the planning and community development director finds that special circumstances warrant earlier reapplication. The planning and community development director shall consider the following in determining whether an application for a permit is similar to, or substantially the same as, a previously denied application:
a. An application for a permit shall be deemed similar if the proposed use of the property is the same, or substantially the same, as that which was considered and disallowed in the earlier decision;
b. An application for a permit shall be deemed similar if the proposed application form and site plan (i.e., building layout, lot configuration, dimensions) are the same, or substantially the same, as that which was considered and disallowed in the earlier decision; and
c. An application for a variance, exception, or waiver shall be deemed similar if the special circumstances which the applicant alleges as a basis for the request are the same, or substantially the same, as those considered and rejected in the earlier decision.
In every instance, the burden of proving that an application is not similar shall be upon the applicant.
L. Filing Fees. The schedule of fees for land use permits is established per the latest fee ordinance or resolution.
M. Time Periods for Decision on Application.
1. A final decision on application shall be made within 120 days of complete application. The notice of final decision on a land use permit shall be issued (and postmarked) within 120 days after the planning and community development department notifies the applicant that the application is complete or is found complete. The following time periods shall be exempt from the 120-day time period requirement:
a. Any period during which the applicant has been requested by the planning and community development department to correct plans, perform required studies, or provide additional required information due to the applicant’s misrepresentation or inaccurate or insufficient information.
b. Any period during which an environmental impact statement is being prepared; however, in no case shall the time period exceed one year, unless otherwise agreed to by the applicant and the city’s responsible official for SEPA compliance.
c. Any period for administrative appeals of land use permits.
d. Any extension of time mutually agreed upon in writing between the applicant and the planning and community development department.
2. The 120-day time period shall not apply in the following situations:
a. If the permit requires approval of a new fully contained community as provided in RCW 36.70A.350, master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200.
b. If, at the applicant’s request, there are substantial revisions to the project proposal, in which case the time period shall start from the date on which the revised project application is determined to be complete.
3. Final Decision Defined. A decision is considered final at the termination of an appeal period if no appeal is filed, or when a final decision on appeal has been made. In the case of an amendment, the first reading of the amendment ordinance by the city council shall be considered the final decision. First reading shall be considered a tentative approval, and does not constitute final rezoning of the property. However, first reading of the ordinance shall assure the applicant that the amendment will be approved; provided, that the application complies with all requirements and conditions for the amendment as may have been imposed by the hearing examiner or the city council.
4. If unable to issue a final decision within the 120-day time period, a written notice shall be made to the applicant, including a statement of the reasons why the time limit has not been met and an estimated date of issuance of the final decision.
5. Time Computations. Any reference to a time period, unless otherwise specifically stated, shall be calculated based upon calendar days and shall be counted from the date submitted to the postmarked date. (Ord. 1663 § 21, 2006; Ord. 1650 § 1, 2005; Ord. 1573 § 1, 2003; Ord. 1517 § 1, 2002; Ord. 1405 § 2, 1999).
17.61.030 Applications considered by the hearing examiner.
A. Consolidated Review of Multiple Permit Applications and of Environmental Appeals Considered Concurrently. The hearing examiner shall consider all related land use permit applications for a specific site, and any accompanying environmental appeal. Applications for which the land use administrator has authority shall be translated transferred to the jurisdiction of the hearing examiner to allow concurrent consideration of all land use actions. (Ord. 1405 § 2, 1999).
17.61.040 Expiration of permits.
A. Expiration Schedule. The following schedule indicates the expiration provisions for land use permits within the city of Milton:
Type of Permit
Maximum Duration
1.
Conditional use permit
5 years
2.
Variance
5 years
3.
Special use
5 years
4.
Site plan approval
5 years
5.
Planned development district master plan
5 years
6.
Wetland and stream
development permits
5 years
7.
Wetland and stream delineation verifications
5 years
8.
Preliminary plats, binding site plans, short plats, boundary line adjustments
5 years to record with Pierce County or King County auditor
9.
Shoreline permits
2 years to commence construction; 5 years maximum, possible one-year extension
The city council, planning commission, or hearing examiner may, when issuing a decision, require a shorter expiration period than indicated in subsection A of this section. However, in limiting the term on a permit, the city council, planning commission, or hearing examiner shall find that the nature of the specific development is such that the normal expiration period is unreasonable or would adversely affect the health, safety, or general welfare of people working or residing in the area of the proposal.
B. Commencement of Permit Term. The term for a permit shall commence on the date of the city council, planning commission, or hearing examiner’s decision; provided, that in the event the decision is appealed, the effective date shall be the date of final decision on appeal. Refer to MMC Title 18 for further information regarding shoreline permits.
C. When Permit Expired. A permit under this chapter shall expire if, on the date the permit expires, the project sponsor has not submitted a complete application for building permit or the building permit has expired.
D. Extension of Shoreline Permits. The public works director may authorize a single extension before the end of the time limit, with prior notice to parties of record and the Department of Ecology, for up to one year. The extension must be based on reasonable factors, including the inability to expeditiously obtain other governmental permits which are required prior to the commencement of construction. (Ord. 1405 § 2, 1999).
17.61.050 Modification/revision to permits.
A. Purpose. The purpose of this section is to define types of modifications to permits and to identify procedures for those actions. Revisions to shoreline permits shall be considered under the provisions of MMC Title 18.
B. Modification Standards.
1. Minor Modifications. The following procedures shall be required for all minor modifications:
a. Requests for minor modifications shall be in writing, from the property owner or the owner’s authorized agent, on forms required by the department for such requests.
b. Prior to a decision, applications for modification may be routed to any city department, service provider, or any agency with jurisdiction. This distribution shall be at the discretion of the department.
c. Modifications may be approved or amended with conditions of approval by the planning and community development director provided all the following requirements are met:
i. The proposal results in a change of use that is permitted outright in the current zone classification.
ii. The change of condition of approval does not modify the intent of the original condition.
iii. The proposal does not add to the site more than 10 percent, or 4,000 square feet of gross square footage, of structures, whichever is greater.
iv. The proposal does not increase the overall impervious surface on the site by more than 25 percent.
v. Any additions or expansions approved through minor modifications that cumulatively exceed the requirements in this section shall be reviewed as a major modification.
d. Minor modification decisions shall be in writing and attached to the official file.
e. A finding that addresses the applicability of any specific conditions of approval for the original permit shall be required.
f. Copies of the decision shall be mailed to all parties of record if the decision on the original permit was made no more than three years prior to request for modification. If more time has elapsed, the notice requirement of Chapter 17.72 MMC shall apply.
2. Major Modifications.
a. Any modification exceeding any of the provisions of subsection (B)(1) of this section shall follow the same procedure required for the original application.
b. A finding that addresses the applicability of any specific conditions of approval for the original permit shall be required.
Any modification that requires a permit other than the type granted for the original application shall be processed as a new permit. (Ord. 1663 § 22, 2006; Ord. 1405 § 2, 1999).
Chapter 17.62
SITE PLAN APPROVALSections.
17.62.010 Purpose.
17.62.020 Site plan approval required.
17.62.030 Site plan review criteria.
17.62.040 Application procedure and requirements.
17.62.050 Appeal.
17.62.010 Purpose.
The purpose of site plan approval is to ensure compatibility between new developments, existing uses and future development in a manner consistent with the goals and policies of the comprehensive plan, in order to create safe and healthful conditions, and to protect critical areas. Site plan approval is required in order to promote developments which are harmonious with their surroundings; to maintain a high quality of life for area residents; to ensure that new developments are planned and designed to protect privacy; to determine appropriate lighting and noise mitigation measures; and to ensure adequate and safe access. (Ord. 1405 § 2, 1999).
17.62.020 Site plan approval required.
A. Site plan approval is required for the following:
1. Multifamily residential developments creating five or more dwelling units;
2. New nonresidential construction;
3. Additions of up to 5,000 square feet in impervious surface;
4. Applications requiring a conditional use permit. Site plan review and approval shall be conducted by the hearing examiner (MMC 2.54.090);
5. Improvements exceeding 25 percent valuation to existing structures;
6. Mixed use developments;
7. Any project for which the city’s SEPA responsible official determines that site plan approval is appropriate or necessary.
B. No person shall commence any use or erect any structure without first obtaining the approval of a site plan by the planning commission, as set forth in this section, and no use shall be established, no structure erected or enlarged, and no other grading, improvement or construction undertaken except as shown on an approved site plan which is in compliance with the requirements set forth in this section. (Ord. 1405 § 2, 1999).
17.62.030 Site plan review criteria.
A. The planning commission shall review and approve, approve with conditions, or disapprove the site plans for all proposed new developments or structures where site plan approval is required. In review of the plans, the commission shall be governed by all applicable city development regulations including, but not limited to, all regulations found in MMC Titles 16, 17 and 18.
B. Before any site plan is approved, the planning commission shall make the following findings:
1. The site is of adequate size to accommodate the proposed use, including, but not limited to, parking, traffic circulation, and buffers from adjacent properties, if needed.
2. All external illumination is designed to face inward, so that impact to adjacent properties is minimized.
3. Parking areas are designed to assure that headlight glare from internal traffic does not affect motorists on adjoining streets.
4. On-site drainage is designed to assure that post-construction drainage has no greater impact on downstream properties than preconstruction drainage.
5. There is adequate sight distance at each proposed point of access to the site to assure traffic safety.
6. If the site abuts an existing residential use, a solid visual and noise barrier composed of fencing and landscaping will be in place prior to occupancy. (Ord. 1405 § 2, 1999).
17.62.040 Application procedure and requirements.
A. All site plan approval applications shall be submitted to the city with nine copies of complete site plans, drawn to scale and produced in such a manner as to clearly indicate compliance with all applicable requirements, and shall include the following:
1. An application fee, as established by the city council;
2. A vicinity map showing the location of the property and surrounding properties. A copy of the assessor’s quarter section map may be used for this purpose;
3. Dimensions and orientation of the parcel;
4. Locations of existing and proposed structures showing the intended use of each and, if applicable, the number of proposed dwelling units;
5. Drawings showing the layout and dimensions of proposed structures;
6. Locations of existing and proposed walls and fences, indicating their heights and construction materials;
7. Existing and proposed topography at contour intervals of not more than five feet;
8. Streets adjacent to, surrounding, or intended to serve the property;
9. Curb cuts and internal pedestrian and vehicular transportation circulation routes;
10. Existing and proposed exterior lighting;
11. Location, size and height of proposed exterior signs;
12. General location and configuration of proposed landscaping;
13. Location of existing or proposed easements;
14. Location of utilities, including storm water drainage facilities;
15. Any other architectural, engineering or site information which may be necessary to determine compliance with applicable regulations.
B. Minor site plan approval may be performed by the planning and community development director on any plan for a site or building alteration which involves a substantial change in use of the property, but which does not increase the amount of impervious surface of the site. For minor site plan approval, the director may modify or waive submittal requirements upon a determination that such modification or waiver is in the public interest. The requirement for an application fee shall not be waived.
C. The planning and community development director may determine that a request for building permit does not involve a change in use or structure requiring site plan approval under this section, and may issue an exemption from site plan approval process upon written request. Approval of such an exemption shall not be construed as a determination of compliance with the requirements of this chapter.
D. The site plan approval process is intended to run concurrently with any other required city approval, such as a conditional use permit or a building permit.
E. Site plan approval expires in one year from the date of approval, unless a building permit has been issued or use of the site in a manner consistent with said approval has commenced. Upon written request and payment of a new application fee, the planning commission may grant one, one-year extension to an approved site plan. An extension shall not be granted if an amendment to the official zoning map or to any other section of this chapter renders the proposed use of the site to be nonconforming.
F. Site plan approval is intended to run with the land. The change in use from one permitted use to another, or any change in ownership or tenancy, shall not require the issuance of a new site plan approval. (Ord. 1663 §§ 23, 24, 2006; Ord. 1484 § 6, 2001; Ord. 1405 § 2, 1999).
17.62.050 Appeal.
A party with standing may appeal the planning commission’s final decision pursuant to the provisions of the state’s Land Use Petition Act, RCW 36.70C.005 through 36.70C.140. (Ord. 1405 § 2, 1999).
Chapter 17.64
CONDITIONAL USE PERMITS3Sections:
17.64.010 Hearing examiner designated.
17.64.020 Authorized.
17.64.030 Purpose.
17.64.035 Decision criteria.
17.64.040 Notice.
17.64.050 Order of findings.
17.64.060 Notice of findings.
17.64.070 Expiration.
17.64.080 Revocation.
17.64.090 Appeal.
17.64.010 Hearing examiner designated.
The hearing examiner shall hear and decide requests for conditional use permits from the requirements of the Milton Municipal Code. (Ord. 1405 § 2, 1999).
17.64.020 Authorized.
The hearing examiner may grant conditional use permits for such conditional uses as are authorized by this code. The hearing examiner may refuse to issue a conditional use permit if the characteristics of the intended use, as related to the specific proposed site are such as would defeat the purpose of this code by introducing an incompatible or hazardous condition. (Ord. 1405 § 2, 1999).
17.64.030 Purpose.
A. The purpose of a conditional use permit shall be:
1. To assure by means of special controls that the compatibility between uses and the purposes of the code shall be maintained with respect to the particular use on the particular site, and in consideration of other existing and potential uses within the general area in which such use is proposed to be located; and
2. To impose controls that will reasonably assure that nuisance or hazard to life or property will not develop, due to noise, smoke, dust, fumes, vibration, odors, traffic hazards, or other factors.
B. Before imposing conditions upon any use requiring a conditional use permit, the hearing examiner shall ascertain in its findings the characteristics that may be present in exceptional degree, and impose conditions which will carry out the purpose of a conditional use permit under those circumstances. The hearing examiner shall not, in connection with action on a conditional use permit, reduce the requirements specifying the zone in which the conditional use is to be located. Any such reduction of requirements shall be accomplished only through the medium of a variance. (Ord. 1405 § 2, 1999).
17.64.035 Decision criteria.
The examiner shall review conditional use permits in accordance with the provisions of this chapter and may approve, approve with conditions, modify, modify with conditions, or deny the conditional use permit.
A. Required Findings. The examiner may use this code to modify the proposal. A conditional use permit may be approved only if all of the following findings can be made regarding the proposal and are supported by the record:
1. That the granting of the proposed conditional use permit will not:
a. Be detrimental to the public health, safety, and general welfare;
b. Adversely affect the established character and planned character of the surrounding vicinity; nor
c. Be injurious to the uses, planned uses, property, or improvements adjacent to, and in the vicinity of the site upon which the proposed use is to be located.
2. That the granting of the proposed conditional use permit is consistent and compatible with the intent of the goals, objectives and policies of the city’s comprehensive plan and any implementing regulation.
3. That all conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced.
4. That the proposed use will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety, and welfare of the community from such hazard.
5. That the conditional use will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services.
6. That the level of service standards for public facilities and services are met in accordance with concurrency management requirements.
B. Burden of Proof. The applicant has the burden of proving that the proposed conditional use meets all of the criteria in MMC 17.64.035(A), Required Findings.
C. Approval. The examiner may approve an application for a conditional use permit, approve with additional requirements above those specified in this title or require modification of the proposal to comply with specified requirements or local conditions.
D. Denial. The examiner shall deny a conditional use permit if the proposal does not meet or cannot be conditioned or modified to meet MMC 17.64.035(A), Required Findings. (Ord. 1405 § 2, 1999).
17.64.040 Notice.
Upon the filing of an application for a conditional use permit by a property owner, contract purchaser, or by a lessee with the written consent of the owner, which application sets forth the grounds for, and the facts deemed to justify the granting of the conditional use permit, the hearing examiner shall give public notice as provided in Chapter 17.72 MMC, of the intention to consider at a public hearing the granting of the conditional use permit. (Ord. 1405 § 2, 1999).
17.64.050 Order of findings.
Not more than 30 days following the termination of the proceedings of the public hearing on a conditional use permit, the hearing examiner shall announce its finding and decision as provided by formal order. The formal order shall recite, among other things, the facts and reasons which in the opinion of the hearing examiner make the granting or denial of the conditional use permit necessary to carry out the provisions and general purpose of this code, and shall order that the conditional use permit be granted, denied, or modified. If the formal order directs that the conditional use permit be granted, it shall recite such conditions and limitations as the hearing examiner may impose. (Ord. 1405 § 2, 1999).
17.64.060 Notice of findings.
Not later than 10 days following the rendering of a decision on a conditional use permit, a copy of the written order by the hearing examiner shall be mailed to the applicant at the address shown on the application filed with the hearing examiner, and to all parties of record. (Ord. 1405 § 2, 1999).
17.64.070 Expiration.
Any conditional use permit shall become null and void five years from the date of granting or approval, if not exercised within that period. (Ord. 1405 § 2, 1999).
17.64.080 Revocation.
After a public hearing held in the manner prescribed for granting conditional use permits, the hearing examiner may revoke or modify any conditional use permit on any of the following grounds:
A. That the approval was obtained by fraud;
B. That the use for which the approval was granted has not been exercised for a period of five years, or more;
C. That the permit is being exercised contrary to the terms or conditions of the approval;
D. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. (Ord. 1405 § 2, 1999).
17.64.090 Appeal.
A party with standing may appeal the hearing examiner’s final decision pursuant to the provisions of the state’s Land Use Petition Act, RCW 36.70C.005 through 36.70C.140. (Ord. 1405 § 2, 1999).
Chapter 17.65
VARIANCESSections:
17.65.010 Hearing examiner designated.
17.65.020 Form of application.
17.65.030 Approval criteria.
17.65.040 Conditions authorized.
17.65.050 Notice.
17.65.060 Order of findings.
17.65.070 Notice of findings.
17.65.080 Expiration.
17.65.090 Revocation.
17.65.100 Appeal.
17.65.010 Hearing examiner designated.
The hearing examiner shall hear and decide requests for variances from the requirements of the Milton Municipal Code. (Ord. 1405 § 2, 1999).
17.65.020 Form of application.
The following information, accompanied by variance application fee as specified in the city’s latest fee ordinance, shall be submitted:
A. The city of Milton’s “variance application attachment.”
B. Any other information reasonably necessary to make a decision on the variance request. (Ord. 1405 § 2, 1999).
17.65.030 Approval criteria.
The hearing examiner shall have the authority to grant a variance from the provisions of this zoning code when the variance is in harmony with the general purpose and intent of this zoning code and the following conditions have been found to exist:
A. That there are special circumstances applicable to the subject property, or to the intended use, such as shape, topography, location, or surroundings, that do not apply generally to the other property or class of use in the same vicinity and zone.
B. That the variance is necessary for the preservation and enjoyment of a substantial property right or use, possessed by other property in the same vicinity and zone, but when because of special circumstances is denied to the property in question.
C. That the granting of the variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity and zone in which the subject property is located.
D. That the granting of the variance is in harmony with the comprehensive plan. (Ord. 1405 § 2, 1999).
17.65.040 Conditions authorized.
When granting a variance, the hearing examiner shall have the power to attach specific conditions to the variance which will accomplish the standards, criteria and policies established by this code. (Ord. 1405 § 2, 1999).
17.65.050 Notice.
Upon the filing of an application for a variance by a property owner, contract purchaser, or by a lessee with the written consent of the owner, which application sets forth the grounds for and the facts deemed to justify the granting of the variance, the hearing examiner shall give public notice as provided in Chapter 17.72 MMC, of the intention to consider said request at a public hearing. (Ord. 1405 § 2, 1999).
17.65.060 Order of findings.
Not more than 30 days following the termination of the proceedings of the public hearing on a variance, the hearing examiner shall announce its findings and decision as provided by formal order. The formal order shall recite, among other things, the facts and reasons which in the opinion of the hearing examiner make the granting or denial of the variance necessary to carry out the provisions and general purpose of this code, and shall order that the variance be granted, denied, or modified. If the formal order directs that the variance be granted, it shall recite such conditions and limitations as the hearing examiner may impose. (Ord. 1405 § 2, 1999).
17.65.070 Notice of findings.
Not later than 10 days following the rendering of a decision on a variance, a copy of the written order by the hearing examiner shall be mailed to the applicant at the address shown on the application filed with the hearing examiner, and to all parties of record. (Ord. 1405 § 2, 1999).
17.65.080 Expiration.
Any variance shall become null and void five years from the date of granting or approval, if not exercised within that period. (Ord. 1405 § 2, 1999).
17.65.090 Revocation.
After a public hearing held in the manner prescribed for the granting of variances, the hearing examiner may revoke or modify any variance on any of the following grounds:
A. That the approval was obtained by fraud;
B. That the use for which the approval was granted has not been exercised for a period of five years, or more;
C. That the variance is being exercised contrary to the terms or conditions of the approval;
D. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. (Ord. 1405 § 2, 1999).
17.65.100 Appeal.
A party with standing may appeal the hearing examiner’s final decision pursuant to the provisions of the state’s Land Use Petition Act, RCW 36.70C.005 through 36.70C.140. (Ord. 1405 § 2, 1999).
Chapter 17.66
APPEALS OF ADMINISTRATIVE DECISIONSSections:
17.66.010 Purpose.
17.66.020 Applicability.
17.66.030 Appeal to hearing examiner.
17.66.040 Who may appeal.
17.66.050 Time limit for appealing.
17.66.060 Form of appeal.
17.66.070 Notice.
17.66.080 Order of findings.
17.66.090 Notice of findings.
17.66.100 Appeal of hearing examiner’s decision.
17.66.010 Purpose.
The purpose of this chapter is to provide procedures for appealing administrative decisions on land use proposals. (Ord. 1405 § 2, 1999).
17.66.020 Applicability.
The provisions of this chapter shall apply to any order, requirement, permit, decision, or determination on land use proposals made by the land use administrator. (Ord. 1405 § 2, 1999).
17.66.030 Appeal to hearing examiner.
The hearing examiner shall have the authority to hear and decide appeals from any written order, requirement, permit decision, or determination on land proposals made by the land use administrator. The hearing examiner shall consider the appeal in accordance with procedures set forth in Chapter 2.54 MMC and the hearing examiner’s rules of procedure. (Ord. 1405 § 2, 1999).
17.66.040 Who may appeal.
Any decision or ruling of the land use administrator may be appealed by any aggrieved person or entity having standing under the ordinance of the land use administrator’s written order. In this context, an “aggrieved person” shall be defined as a person who is suffering from an infringement or denial of legal rights or claims. An aggrieved person has “standing” when it is determined that the person or entity can demonstrate that such person or entity is within the zone of interest to be protected or regulated by the city law and will suffer direct and substantial impacts by the governmental action of which the complaint is made, different from that which would be experienced by the public in general. (Ord. 1405 § 2, 1999).
17.66.050 Time limit for appealing.
Appeals from decisions or rulings of the land use administrator shall be made within 15 days of the date of the written order. If the last day for filing an appeal falls on a weekend day or a holiday, the last day for filing shall be the next working day. (Ord. 1405 § 2, 1999).
17.66.060 Form of appeal.
An appeal of the decision or ruling of the land use administrator shall take the form of a written statement of the alleged reason(s) the decision was in error, or specifying the grounds for appeal. The following information, accompanied by an appeal fee as specified in the city’s latest fee ordinance, shall be submitted:
A. An indication of facts that establish the appellant’s right to appeal.
B. An indication of explicit exceptions or objections to the decision being appealed, or an identification of specific errors in fact or conclusion.
C. The requested relief from the decision being appealed.
D. Any other information reasonably necessary to make a decision on the appeal.
Upon receiving notice of appeal, the officer from whom the appeal is being taken shall forthwith transmit to the hearing examiner all of the records pertaining to the decision being appealed from, together with such additional written reports as he deems pertinent. (Ord. 1405 § 2, 1999).
17.66.070 Notice.
Upon the filing of an appeal, the hearing examiner shall give public notice, as provided in Chapter 17.72 MMC, of the intention to consider an appeal from any order, requirement, permit, decision, or determination made by an administrative official in the administration or enforcement of this code. (Ord. 1405 § 2, 1999).
17.66.080 Order of findings.
Not more than 30 days following the termination of the proceedings of the public hearing on an appeal, the hearing examiner shall announce his finding and decision as provided by formal order. The formal order shall recite, among other things, the facts and reasons which in the opinion of the hearing examiner make the appeal necessary to carry out the provisions and general purpose of this code, and shall order that the appeal affirmed, denied, or modified. (Ord. 1405 § 2, 1999).
17.66.090 Notice of findings.
Not later than 10 days following the rendering of a decision on an appeal of an administrative decision, a copy of the written order by the hearing examiner shall be mailed to the applicant at the address shown on the application filed with the hearing examiner, and to all parties of record. (Ord. 1405 § 2, 1999).
17.66.100 Appeal of hearing examiner’s decision.
A party with standing may appeal the hearing examiner’s final decision pursuant to the provisions of the state’s Land Use Petition Act, RCW 36.70C.005 through 36.70C.140. (Ord. 1405 § 2, 1999).
Chapter 17.67
COMPREHENSIVE PLAN AMENDMENTSSections:
17.67.010 Purpose.
17.67.020 Types of amendments.
17.67.030 Application and review period.
17.67.040 Exceptions to yearly amendments.
17.67.050 Notification and review process.
17.67.060 Review criteria.
17.67.070 Appeals.
17.67.010 Purpose.
The purpose of this section is to provide for the annual amendment of the Milton comprehensive plan and to ensure those amendments are consistent with state, county and local laws and plans. (Ord. 1689 § 1, 2007; Ord. 1611 § 1, 2004).
17.67.020 Types of amendments.
A. Policy amendments are those changes to existing goals, policies or vision statements that were adopted as part of the Milton comprehensive plan.
B. Map amendments are those changes to any of the maps contained in the adopted Milton comprehensive plan. Land use map amendments should also include concurrent zoning map amendments where appropriate to ensure consistency.
C. Text amendments are those changes to other parts of the document (e.g., definitions, data, and references to other adopted plans) that affect the application or implementation of any part of the comprehensive plan. Minor wording changes that involve corrections to spelling or grammar or names that do not affect the application or implementation of any part of the comprehensive plan do not require a formal amendment request; however, these changes shall be indicated in reports or drafts presented to the public, commission and council during the annual amendment process.
D. Major updates shall occur at least every 10 years or sooner or as needed and involve a thorough review of the entire comprehensive plan. The commission and council, based on their knowledge and public input, shall decide the degree to which the plan should be revised, if at all. This is the opportunity for the community to decide if the plan continues to reflect the vision and direction that was established in the adopted plan. Major updates may also include the other three types of amendments. (Ord. 1689 § 1, 2007; Ord. 1611 § 1, 2004).
17.67.030 Application and review period.
A. Applications for amendment requests shall be submitted to the city no earlier than January 1st and no later than February 28th of each year. When these dates fall on a day when city offices are closed, the due dates shall be the next business day when city offices are open.
B. Requests for amendments that arise during other parts of the year shall be recorded and retained on the docket for application during the next amendment cycle. Parties that initiated the docket item shall be notified of the upcoming application period by first class mail no later than December 1st prior to the application filing period. Docket items must be submitted as a formal application during the next amendment cycle or they will be removed from the docket. Amendment requests that were denied in the previous cycle may not be docketed or submitted in the cycle immediately following. Docket items that are not submitted for application in the next available cycle shall be removed from the docket; however, the item may be listed on the docket for the following cycle if requested.
C. Amendment requests may be submitted by private parties; however, requests for map amendments by private parties may only be submitted by the owner or an authorized agent. Amendment requests may also be initiated by the commission or council upon a formal motion and approval by the body.
D. At a minimum, applications shall include the following:
1. A completed master application form provided by the city;
2. The required application fee (except for those requests initiated by either the commission or council);
3. A detailed statement of what is proposed to be changed and why;
4. A statement of anticipated impacts of the change, including geographic area affected and issues presented;
5. A statement of how the request is or is not consistent with the adopted Milton comprehensive plan, pertinent subarea and functional plans and county-wide planning policies, and the goals of the GMA;
6. A description of any changes to development regulations, modifications to capital improvement programs, subarea, neighborhood, and functional plans required for implementation so that these will be consistent with the plan;
7. Additional information or materials that may be required by the planning and community development department during the course of the review in order to complete the analysis of the request.
E. Applications shall be considered as a group for purposes of analysis and processing. At the first regular meeting of the planning commission in March of each year, staff shall present a list and brief description of each application received during the application period. The commission shall set an estimated schedule for review of the applications, including the public hearing and special meetings in order to prepare and forward a recommendation to council in a timely fashion.
F. Upon forwarding the commission recommendation to council, staff shall prepare and compile the appropriate SEPA documentation, initiate the SEPA process, and send the commission recommendations, along with the appropriate SEPA documentation, to the state for the GMA-required 60-day review.
G. Upon completion of the SEPA process, public meeting, state review, and council consideration, the council shall adopt an ordinance incorporating the proposed amendments, in whole or in part or as modified by the council, into the Milton comprehensive plan. At the same meeting, the council shall also adopt an ordinance for any concurrent rezones necessary for consistency. (Ord. 1689 § 1, 2007; Ord. 1663 § 25, 2006; Ord. 1611 § 1, 2004).
17.67.040 Exceptions to yearly amendments.
A. There are five exceptions to the rule of considering comprehensive plan amendments only once per year. The process for adoptions of these five exemptions is the same as stated in MMC 17.67.030(C), (D), (F) and (G). These five exceptions are:
1. For the initial adoption of a subarea plan that does not change the policies of the comprehensive plan and does not change the land use designation or designations applicable to the subarea; or
2. For amendment of a shoreline master program; or
3. For the amendment of the capital facilities element of the comprehensive plan occurring concurrently with the adoption or amendment of the city’s budget; or
4. For an amendment to resolve a Growth Management Hearings Board appeal or other court order; or
5. In the event of an emergency. “An emergency” is defined as a threat to the public health, safety and welfare or to support city government and its existing institutions. Examples could be the provision of an essential public facility that is needed, such as municipal water sources and facilities, storm water detention and treatment facilities or other significant state or local government facilities that cannot be reviewed through another process in a timely manner. Another example of an emergency amendment could be to correct technical errors in mapping or other obvious errors in applying the comprehensive plan map or zoning map. The applicant needs to demonstrate to the planning and community development director that an obvious error has occurred. Applications can be accepted from the city or private individuals.
B. Findings must be made indicating that the amendment needed affects a neighborhood, community, or the city as a whole and is not the personal emergency of a particular applicant. The planning and community development director shall prepare written findings for approval of the Milton planning commission.
C. Applications shall be considered as a group for purposes of analysis and processing. Staff shall present a brief description of each application. The commission shall set an estimated schedule for review of the applications, including the public hearing and special meetings, in order to prepare and forward a recommendation to council in a timely fashion. (Ord. 1689 § 1, 2007).
17.67.050 Notification and review process.
A. Upon completion of review by staff, the planning commission shall give public notice, as provided in Chapter 17.72 MMC, of the intention to consider at a public hearing the amendment of the comprehensive plan.
B. The planning commission shall, after public hearing as provided in MMC 17.68.020, make recommendations for the denial or adoption in full, or as the commission may modify, of the proposed amendments. The commission shall forward its recommendation to the council within 30 days of the commission’s action.
C. Upon receipt of the commission’s recommendation, the council at the regular following meeting shall set a date for a public meeting at which time the council shall consider the recommendation. Notice of the meeting shall be given as set forth in Chapter 17.72 MMC. (Ord. 1689 § 1, 2007; Ord. 1611 § 1, 2004. Formerly 17.67.040).
17.67.060 Review criteria.
When reviewing amendment requests individually and as a group for potential cumulative implications, the staff, commission and council shall, at a minimum, apply the following criteria:
A. Consistency with the adopted Milton comprehensive plan;
B. Consistency with pertinent plans for adjacent jurisdictions and county-wide planning policies;
C. Eliminates conflicts with existing elements or policies;
D. Establishes a logical, compatible extension of existing land use designations;
E. Clarifies or amplifies existing policy or accommodates new policy directives of the city council;
F. Change in conditions. (Ord. 1689 § 1, 2007; Ord. 1611 § 1, 2004. Formerly 17.67.050).
17.67.070 Appeals.
A party with standing may appeal the council’s final decision pursuant to the provisions of the state’s Land Use Petition Act, RCW 36.70C.005 through 36.70C.140. (Ord. 1689 § 1, 2007; Ord. 1611 § 1, 2004. Formerly 17.67.060).
Chapter 17.68
AMENDMENTSSections:
17.68.010 Initiation.
17.68.020 Notice.
17.68.030 Planning commission recommendation.
17.68.040 Council hearing.
17.68.050 Decision notice.
17.68.010 Initiation.
This code may be amended whenever public necessity, convenience, or welfare requires. This code may be amended by amending the zoning map, or by amending the text of this code. Such amendments may be initiated by:
A. The verified application of one or more owners (including contract purchasers) of property which is proposed to be changed or reclassified;
B. Adoption of a motion by the city council, requesting the planning commission to set a matter for meeting and recommendation;
C. Adoption of a motion by the planning commission. (Ord. 1405 § 2, 1999).
17.68.020 Notice.
Upon the initiation of any proposed amendment, the planning commission shall give public notice, as provided in Chapter 17.72 MMC, of the intention to consider at a public hearing the amendment of this zoning code. (Ord. 1405 § 2, 1999).
17.68.030 Planning commission recommendation.
A. The planning commission shall, after public hearing as provided in MMC 17.68.020, make recommendations for the denial or adoption in full, or as the commission may modify, of the proposed amendment. The recommendation shall be forwarded to the city council within 14 days from the date of the commission’s action and approval of the meeting minutes on the proposed amendment. At the same time the commission shall forward a copy of its recommendation to the applicant. The recommendation shall set forth the factors considered by the commission to be controlling.
B. The planning commission shall not recommend any amendment to this code unless it shall find that such proposed amendment conforms to the city’s comprehensive plan. (Ord. 1405 § 2, 1999).
17.68.040 Council hearing.
A. Upon receipt of the planning commission’s recommendation, the council at the regular following meeting shall set a date for a public meeting at which time the council shall consider the recommendation. Notice of the meeting shall be given, as set forth in Chapter 17.72 MMC.
B. The city council shall not approve any amendment to this code unless it shall find that such proposed amendment conforms to the city’s comprehensive plan. (Ord. 1405 § 2, 1999).
17.68.050 Decision notice.
Not later than 14 days following the date of action by the council approving or denying an amendment to this code, notice of such action shall be forwarded to the applicant at the address shown upon the application, and a copy shall be forwarded to the planning commission for their records. (Ord. 1405 § 2, 1999).
Chapter 17.72
HEARINGS, NOTICES AND FEESSections:
17.72.010 Form of application.
17.72.020 Filing fees.
17.72.030 Setting of meetings or hearings.
17.72.040 Notices.
17.72.050 Rules for conduct of hearings.
17.72.010 Form of application.
The city council shall prescribe the form in which applications are made for changes in zone boundaries or classifications. It may prepare and provide blanks for such purposes, and may prescribe the type of information to be provided in the application by the applicant. The hearing examiner shall perform the same functions with regard to variances, conditional use permits, and special use permits. No application shall be accepted unless it is deemed complete by the land use administrator as provided for under MMC 17.61.020. (Ord. 1405 § 2, 1999).
17.72.020 Filing fees.
Fees shall be paid upon the filing of any application, as per the latest fee ordinance. (Ord. 1405 § 2, 1999).
17.72.030 Setting of meetings or hearings.
The date or dates for public meetings or hearings on applications or proposals for amending zone boundaries or classifications of property use, or for considering variances, conditional use permits, special use permits, or appeals to the hearing examiner, shall be set by the body before whom the hearing is to be set. The date of the hearings shall be not less than 15 days nor more than 60 days after the land use administrator has completed his review of the proposal. (Ord. 1498 § 1, 2001; Ord. 1405 § 2, 1999).
17.72.040 Notices.
Notices of the time and place of public hearings or public meetings at which a matter will be considered shall be given in the following manner:
A. Published in the newspaper of record.
B. Posted on the community bulletin board and on the community website and one other place in the city limits.
C. Mailed to all property owners within 500 feet of the proposed site.
D. “Public Notice Sign” is yellow and 18 inches by 23.5 inches, available from the planning and community development department, shall be placed on all street frontages on a post at least three feet above surrounding ground level.
E. Signs only shall be posted immediately, after acceptance of a “complete application” for any proposed subdivision, short subdivision, variance, conditional use permit, site plan approval or other land use action.
F. Signs and all other public notification, including MMC 17.72.040(A), (B) and (C), will be completed within 15 days of any required public hearing, or other quasi-judicial review by any public body.
G. The cost of public notification shall be borne by the applicant.
H. Applicant shall supply the planning and community development department with names and addresses from latest county assessor’s rolls.
I. On appeals from administrative decision, written notices of the time and place of the public meeting at which the matter will be considered by the hearing examiner shall be mailed to the applicant, to the adverse parties of record in the case, and to the officer whose decision is being appealed, together with a copy of the written appeal. The notice shall be mailed not less than 12 days prior to the date of the meeting. (Ord. 1663 §§ 26, 27, 2006; Ord. 1498 § 2, 2001; Ord. 1405 § 2, 1999).
17.72.050 Rules for conduct of hearings.
The planning commission, city council, and the hearing examiner may establish rules governing the conduct of public hearings and meetings conducted by each on matters within their respective jurisdictions. Modifications or changes in the rules may be made, but the changes or modifications shall not become effective until 30 days following the date of the meeting at which such changes or modifications are determined upon. (Ord. 1405 § 2, 1999).
Chapter 17.76
ADMINISTRATION AND ENFORCEMENTSections:
17.76.010 Interpretation.
17.76.020 Violation.
17.76.030 Public nuisance and abatement.
17.76.010 Interpretation.
A. In their interpretation and application, the provisions of this zoning code shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.
B. Where the conditions imposed by any provision of this zoning code upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this zoning code or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
C. This zoning code is not intended to abrogate any easement, covenant, or any other private agreement; provided, that where the regulations of this zoning code are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this zoning code shall govern.
D. No building, structure or use which was not lawfully existing at the time of the adoption of this zoning code shall become, or be made, lawful solely by reason of the adoption of this zoning code; and to the extent that, and in any manner, the unlawful building, structure or use is in conflict with the requirements of this zoning code, the building, structure or use remains unlawful under this code. (Ord. 1405 § 2, 1999).
17.76.020 Violation.
It is unlawful for any person or entity to own, use, construct, erect, enlarge, alter, repair, move, improve, convert, equip, occupy, maintain, locate, demolish or cause to be constructed, located or demolished any structure, land or property within the city of Milton in any manner that is contrary to the provisions of MMC Titles 15 through 18 or any permit, condition, order, rule or regulation imposed or adopted pursuant thereto. Each and every day that a structure, land or property is owned, leased, controlled, used or maintained in violation of the MMC Titles 15 through 18 shall constitute a separate violation. (Ord. 1580 § 1, 2003).
17.76.030 Public nuisance and abatement.
Any violations of any provisions identified in MMC 17.76.020 are hereby determined to be detrimental to the public health, safety and welfare and declared to be a public nuisance, subject to abatement by the planning and community development director or his/her designee by any legal means available. (Ord. 1663 § 28, 2006; Ord. 1580 § 2, 2003).
Chapter 17.78
NOTICES AND ORDERS TO CORRECT AND/OR ABATESections:
17.78.005 Definitions.
17.78.010 Initiation.
17.78.020 Issuance – Contents.
17.78.030 Issuance – Supplemental.
17.78.040 Service.
17.78.050 Appeals.
17.78.060 Suspension of penalties/compliance action during appeal.
17.78.070 Final order – Designated.
17.78.075 Final order – Violation a misdemeanor.
17.78.080 Final order – Enforcement.
17.78.005 Definitions.
A. For the purposes of this chapter, “development regulation” shall mean any requirement imposed by any provision of MMC Titles 12, 13, and 15 through 18, including any permit conditions imposed thereunder, or rules and/or regulations adopted pursuant thereto.
B. “Director” shall mean the mayor for the city of Milton or his/her designee. (Ord. 1706 § 1, 2007; Ord. 1580 § 3, 2003).
17.78.010 Initiation.
A. Whenever the director has reason to believe that a use, structure or condition exists in violation of a development regulation, he is authorized to commence an administrative notice and order proceeding under this chapter, including the pursuance of remedies specified in MMC 17.78.020(B). The director may not initiate a notice and order for any violation that would constitute a violation of a state criminal statute, to the extent prohibited from doing so by RCW 35A.11.020.
B. Pending commencement and completion of the notice and order procedure provided for in this chapter, the director may cause an order to cease violation to be posted on the subject property or served on persons engaged in any work or activity in violation of a land use ordinance, if adverse impacts cannot be prevented by the delays in the notice and order process. The effect of such an order shall be to require the immediate cessation of such work or activity until authorized by the director to proceed.
C. Prior to the issuance of a notice and order as authorized by subsection A of this section, the director shall use the following procedure to encourage compliance with the zoning code:
Step 1: Notify the alleged violator of the violation and request compliance within a reasonable period of time (normally 30 to 60 days, depending on the severity of the problem created by noncompliance with the Milton Municipal Code). Notice shall be provided in writing and by personal contact, if feasible under the circumstances. The written notification shall include an explanation of the code enforcement procedures (including appeal procedures), and copies of the appropriate Milton Municipal Code sections. The emphasis at this stage of code enforcement shall be placed upon a cooperative and respectful resolution of alleged code violations.
Step 2: As part of the written notification required in Step 1, the director shall schedule an administrative conference for the purposes of bringing communications between concerned parties and providing a forum for efficient resolution of any violation. The conference shall be scheduled at least five working days in advance, if there is still sufficient time for compliance, in the written notification identified in Step 1. The written notification shall provide that the date and time of the conference can be rescheduled to reasonably accommodate the person(s) in violation. If circumstances permit, the director should be willing to postpone the conference date for at least a couple weeks if requested by the person in violation. The director shall involve at least one representative from other city departments in the conference. As a result of information developed at the conference, the director may affirm, modify or revoke the terms of compliance issued in the written notice identified in Step 1. If the person(s) in violation fails to attend the scheduled conference, the director may proceed with the issuance of a notice and order without the conference. The director may schedule as many administrative conferences as he/she finds helpful throughout the code enforcement process. (Ord. 1580 § 3, 2003).
17.78.020 Issuance – Contents.
A. Whenever the director or his/her designee has reason to believe that violation of any development regulation will be most equitably terminated by an administrative notice and order proceeding, he/she shall issue a written notice and order directed to either the owner or operator of the source of the violation, the person in possession of the property where the violation originates or the person otherwise causing or responsible for the violation.
B. The notice and order shall contain, and the director is authorized to require, the following:
1. The street address, when available, and a legal description of real property and/or description of personal property sufficient for identification of where the violation occurred or is located;
2. A statement that the director has found the person to be in violation of a development regulation with a brief and concise description of the conditions found to be in violation;
3. A statement of the corrective action required to be taken. If the director has determined that corrective work is required, the order shall require that all required permits be secured, that work physically be commenced and that the work be completed within such times as the director determines are reasonable under the circumstances;
4. A statement specifying the amount of any civil penalty assessed on account of the violation and, if applicable, the conditions on which assessment of such civil penalty is contingent. The director shall have the authority to impose a penalty of up to $1,000 per day per development regulation violation. Each day any structure or use fails to comply with a development regulation shall be deemed a separate violation;
5. Statements advising any of the following to the extent that the director chooses any as a remedy:
a. If any required work is not commenced or completed within the times specified, which may be immediately if circumstances warrant, the director will proceed to cause abatement of the violation as a public nuisance and cause the work to be done and charge the costs thereof as a joint and separate personal obligation of any person in violation to the extent permitted by law; and
b. If any assessed civil penalty is not paid, the director will charge the amount of the penalty as a joint and separate personal obligation of any person in violation; and/or
c. If any required compliance is not commenced or completed within the times specified, which may be immediately if circumstances warrant, the director will proceed with a permit suspension or revocation as authorized in MMC 17.79.010;
6. A statement advising that the order shall become final, unless, no later than 21 days after the notice and order are served, any person aggrieved by the order requests in writing an appeal before the hearing examiner. (Ord. 1580 § 3, 2003).
17.78.030 Issuance – Supplemental.
At any time other than during the pendency of an appeal, the director may add to, rescind in part or otherwise modify a notice and order by issuing a supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notice and orders contained in this title. The director may withdraw a notice and order at any time and also re-issue the same notice and order or a modified version so long as re-issuance is consistent with any appeal decision. (Ord. 1580 § 3, 2003).
17.78.040 Service.
Service of the notice and order shall be made upon all persons identified in the notice and order either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested. If the address of any such person cannot reasonably be ascertained, a copy of the notice and order shall be mailed to such person at the address of the location of the violation and/or posted on the subject property. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner provided in this section shall be effective on the date of postmark. The notice and order may be, but is not required to be, posted on the subject property. (Ord. 1580 § 3, 2003).
17.78.050 Appeals.
A. A person aggrieved by the order of the director may, upon payment of a filing fee in accordance with the city’s fee schedule, request in writing within 21 days of the service of the notice and order an appeal hearing before the hearing examiner. The request shall cite the notice and order appealed from and contain a brief statement of the reasons for seeking the appeal hearing.
B. A record shall be made at the appeal hearing and the hearing examiner shall have such rule-making and other powers necessary for conduct of the hearing. Such appeals hearing shall be conducted within a reasonable time after receipt of the request for appeal, which unless special circumstances dictate otherwise should be within 60 days of receiving the appeal request. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appealing party, to the director, and to other interested persons who have requested in writing that they be so notified. The director whose order is being appealed may submit a report and other evidence indicating the basis for the enforcement order.
C. Each party shall have the following rights, among others:
1. To call and examine witnesses on any matter relevant to the issues of the hearing;
2. To introduce documentary and physical evidence;
3. To impeach any witness regardless of which party first called him to testify;
4. To rebut evidence against him;
5. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.
D. Following review of the evidence submitted, the hearing examiner shall make written findings and conclusions, and shall affirm or modify the order previously issued if the examiner finds that a violation has occurred. The examiner shall have the authority to modify any monetary penalties imposed by the director in the notice and order, including the authority to increase them. The examiner shall reverse the order if the examiner finds that no violation occurred. The written decision of the examiner shall be mailed by certified mail, postage prepaid, return receipt requested to the parties. (Ord. 1580 § 3, 2003).
17.78.060 Suspension of penalties/ compliance action during appeal.
Any corrective actions or penalties imposed in a notice and order shall be suspended during the pendency of the appeal on the notice and order. Orders to immediately cease activities, as authorized by MMC 17.78.010(B), shall not be suspended during the pendency of an appeal. (Ord. 1580 § 3, 2003).
17.78.070 Final order – Designated.
A. Any order duly issued by the director pursuant to the procedures contained in this title shall become final 21 days after service of the notice and order unless a written request for hearing is received and filed with the planning department within the 21-day period.
B. An order which is subject to the appeal procedure of MMC 17.78.060 shall be final and conclusive upon the date of the examiner’s decision. The examiner’s decision shall be appealable to superior court pursuant to applicable state statutes. (Ord. 1580 § 3, 2003).
17.78.075 Final order – Violation a misdemeanor.
The failure of a person or entity to comply with the applicable provisions of an order issued pursuant to MMC 17.78.010(B) or 17.78.070 shall constitute a misdemeanor subject to the penalties of RCW 9A.20.010(2), as now or hereafter amended. (Ord. 1580 § 3, 2003).
17.78.080 Final order – Enforcement.
If, after any order duly issued by the director has become final, the person to whom such order is directed fails, neglects or refuses to obey such order, including refusal to pay a civil penalty assessed under such order, the director may, as provided in the issued notice and order:
A. Cause such person to be prosecuted for committing a misdemeanor, as provided in MMC 17.78.075; and/or
B. Institute any appropriate action to collect a civil penalty assessed under this title; and/or
C. Prior to the issuance of a notice and order as authorized by this chapter, the director shall use the following voluntary procedure to encourage compliance with the Milton Municipal Code; provided, that the director shall not be mandated to pursue voluntary compliance if the delays in doing so would threaten the public health, safety and/or welfare:
1. Notify the alleged violator of the violation and request compliance within a reasonable period of time (normally 21 days) specified by the code compliance person. Notice shall be provided in writing and by personal contact, if feasible under the circumstances. The written notification shall include an explanation of the code enforcement procedures and the corrective action to be taken. The emphasis at this stage of code enforcement shall be placed upon a cooperative and respectful resolution of alleged code violations. The responsible person may take the corrective action within the time period specified in this step, and no further action will be taken.
2. If the alleged violator contacts the city in response to subsection (C)(1) of this section, an administrative conference shall be scheduled. The purpose of an administrative conference is for bringing communications between concerned parties and providing a forum for efficient resolution of any violation and shall result in a voluntary compliance agreement. The administrative conference shall be scheduled to reasonably accommodate the responsible person. The director shall lead the conference and shall involve at least one representative from other city departments in the conference. As a result of information developed at the conference, the director will specify the corrective actions for the voluntary compliance agreement. The director may schedule as many administrative conferences as he/she finds helpful throughout the voluntary compliance process.
3. If the alleged violator fails to attend the scheduled conference, or if a voluntary compliance agreement cannot be reached, or if requested by the person responsible for the code violation, then the applicable director may proceed with the issuance of a notice and order.
4. The voluntary compliance agreement required by this subsection shall include the following elements:
a. The name and address of the person responsible for the violation; and
