Chapter 18.195 LANDSCAPING AND SCREENING

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

(a) Construction of a new building or structure;

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

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

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

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

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

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

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

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

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

(a) Boundaries and dimensions of the site;

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

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

(e) Details of any proposed architectural barriers;

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

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

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

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

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

(k) Irrigation plan, indicating the location of pipes, sprinkler heads and pumps, pipe size, head capacity, water pressure in pounds per square inch at the pump and sprinkler heads, and timer system. [Ord. 1611 § 16, 2014; Ord. 1591 § 413, 2014.]

18.195.030 Purpose.

The purpose of the landscaping and screening requirements of this chapter are to increase compatibility between different intensities of land uses, by providing visual barriers, visually interrupting the barren expanse of paved parking lots, screening undesirable views which have a blighting impact on surrounding properties, and providing a visual separation and physical buffer between varying intensities of abutting land uses; to implement the Comprehensive Plan; to encourage the retention of significant existing vegetation to the extent feasible; to reduce erosion and water runoff; to conserve energy; to preserve and promote urban wildlife habitats; to minimize impacts of noise, light and glare; and to aid in regulating vehicular circulation. [Ord. 1591 § 414, 2014.]

18.195.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws. [Ord. 1591 § 415, 2014.]

Article II. General Landscaping Requirements

18.195.050 Required – All zones.

Landscaping shall be provided in all developments subject to this chapter as set forth below. Where the width of a required planting strip exceeds the setback requirement for any structure subject to this chapter, the setback shall be increased to provide the full width of planting strip unless otherwise modified in accordance with DMMC 18.195.420. [Ord. 1591 § 416, 2014.]

18.195.060 Storage areas.

All outside storage areas and loading docks shall be screened from public view by another building in the same approved master plan or by fencing and a Type III landscaping strip with a minimum depth of five feet unless determined by design review that such screening is not necessary because stored materials are not visually obtrusive. The five-foot-deep landscaped area may occur within the street right-of-way abutting the property line upon approval of the Planning, Building and Public Works Department. [Ord. 1655 § 16, 2016: Ord. 1591 § 417, 2014.]

18.195.070 Use of nonvegetative material.

Bark, mulch, gravel, or other nonvegetative material shall only be used in conjunction with landscaping to assist vegetative growth and maintenance or to visually complement plant material. Nonvegetative material is not a substitute for plant material. [Ord. 1591 § 418, 2014.]

18.195.080 Irrigation.

All landscape areas shall be irrigated by a permanent, underground sprinkler or drip watering system complete with automatic controls. [Ord. 1591 § 419, 2014.]

18.195.090 Drainage.

Required landscaped areas shall be provided with adequate drainage. [Ord. 1591 § 420, 2014.]

18.195.100 Slopes.

Slopes shall not exceed a 3:1 ratio (length to height) in order to decrease erosion potential and assist in ease of maintenance. [Ord. 1591 § 421, 2014.]

18.195.110 Tree retention.

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

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

(3) Any tree identified to be retained that is destroyed or damaged during construction shall be replaced by the applicant with five trees on the subject property or within a street planting strip near the subject property. Replacement trees shall be a minimum size of eight feet in height for evergreen trees, and two inches in caliper for deciduous, and shall be approved by the Planning, Building and Public Works Department. The Planning, Building and Public Works Department may approve smaller trees if it determines they are of specimen quality. These trees shall be provided in addition to any street trees required under chapter 12.15 DMMC. The exact type and location of street trees shall be determined by the Planning, Building and Public Works Department. [Ord. 1611 § 17, 2014; Ord. 1591 § 422, 2014.]

18.195.120 Microclimate.

Proposed landscaping shall reflect consideration of microclimate of the site and surrounding properties, by manipulation of sun, shade, and wind for increased energy efficiency of the development and for maximum comfort of the users of the site. Use of indigenous plant materials shall be preferred. [Ord. 1591 § 423, 2014.]

18.195.130 Scenic view preservation.

Repealed by Ord. 1611. [Ord. 1591 § 424, 2014.]

18.195.140 Landscaping adjacent to freeways.

A Type II landscaping strip with a minimum width of 25 feet shall be provided adjacent to freeways within all zones except Single-Family Residential and R-SE Zones. [Ord. 1695 § 5, 2017: Ord. 1591 § 425, 2014.]

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

Care shall be exercised in the design of buffering landscaping and in the placement of trees adjacent to Single-Family Residential or R-SE zoned properties in order to minimize maintenance problems stemming from branches overhanging property lines when such trees reach maturity. It shall be the responsibility of the property owner to remove or trim boughs which overhang onto Single-Family Residential and R-SE zoned properties when maintenance problems arise for the owner of the Single-Family Residential or R-SE zoned property. [Ord. 1591 § 426, 2014.]

18.195.160 Unused portions of building sites.

All portions of a building site not devoted to a building, future building, parking, storage, or accessory uses shall be landscaped in a manner appropriate to the stated purposes of this chapter. [Ord. 1591 § 427, 2014.]

18.195.170 Landscaping adjacent to required fencing.

Landscaping shall be placed outside of sight-obscuring or 100 percent sight-obscuring fences unless determined by the Planning, Building and Public Works Department that such arrangement would be detrimental to the stated purpose of this chapter. [Ord. 1591 § 428, 2014.]

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

No tree, as measured from its center, shall be located within 10 feet of street light standard, or within five feet of a fire hydrant. Tree species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than 10 feet to such public works unless the tree root system is completely contained within a barrier being a minimum of five feet deep and five feet wide. Tree species with water-seeking roots are prohibited within and adjacent to rights-of-way. [Ord. 1591 § 429, 2014.]

18.195.190 Driveway and street intersections.

To ensure that landscape materials do not constitute a safety hazard, such materials shall not be located in conflict with the sight areas at intersections established by chapter 12.15 DMMC. [Ord. 1591 § 430, 2014.]

18.195.200 Curbing.

In order to protect the landscaping materials planted and to ensure proper growth, all planter areas shall be separated from parking areas and streets by vertical curbing. Curbing shall be continuous Portland cement concrete; provided, however, that Portland cement concrete with vertical curb cuts is allowed for drainage into low impact development storm water facilities; or as approved by the Public Works Director. [Ord. 1671 § 16, 2017: Ord. 1591 § 431, 2014.]

18.195.210 Maintenance.

The property owner shall be responsible for the maintenance of all landscaping required pursuant to this section, including any landscaping within a right-of-way, abutting the subject property. Such landscaping shall be maintained in good condition so as to present a neat and orderly appearance; shall be kept free from refuse and debris; living landscape material shall be kept alive and in a healthy condition; and in such a manner as to accomplish the purpose for which it was initially required. [Ord. 1591 § 432, 2014.]

Article III. Landscaping Regulations by Zone

18.195.220 Single-Family Residential and R-SE Zones.

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

(2) In all planned unit developments:

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

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

(c) Parking facilities in planned unit developments shall be landscaped as prescribed in DMMC 18.195.360. [Ord. 1591 § 433, 2014.]

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

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

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

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

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

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

(c) Parking facilities in townhouse developments shall be landscaped as prescribed in DMMC 18.195.360, Landscaping of parking facilities. [Ord. 1591 § 434, 2014.]

18.195.240 Multifamily Residential, RM-2,400 Zone.

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

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

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

(4) Parking facilities landscaping as prescribed in DMMC 18.195.360. [Ord. 1591 § 435, 2014.]

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

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

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

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

(4) Parking facilities landscaping as prescribed in DMMC 18.195.360. [Ord. 1591 § 436, 2014.]

18.195.260 Restricted service, RM-900B Zone.

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

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

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

(4) Parking facilities landscaping as prescribed in DMMC 18.195.360. [Ord. 1591 § 437, 2014.]

18.195.270 Neighborhood Commercial, N-C Zone.

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

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

(3) Parking facilities landscaping as prescribed in DMMC 18.195.360. [Ord. 1591 § 438, 2014.]

18.195.280 Business Commercial, B-C Zone.

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

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

(3) Parking facilities landscaping as prescribed in DMMC 18.195.360. [Ord. 1591 § 439, 2014.]

18.195.290 Community Commercial, C-C Zone.

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

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

(3) Parking facilities landscaping as prescribed in DMMC 18.195.360. [Ord. 1591 § 440, 2014.]

18.195.300 Downtown Commercial, D-C Zone.

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

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

(3) Parking facilities landscaping as prescribed in DMMC 18.195.360.

(4) The Planning, Building and Public Works Director may waive or modify the landscaping requirements of this section where substantial landscaping exists within the adjacent right-of-way and no adverse impact would result. [Ord. 1591 § 441, 2014.]

18.195.310 General Commercial, C-G Zone.

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

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

(3) Parking facilities landscaping as prescribed in DMMC 18.195.360. [Ord. 1591 § 442, 2014.]

18.195.320 Highway Commercial, H-C Zone.

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

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

(3) Parking facilities landscaping as prescribed in DMMC 18.195.360. [Ord. 1591 § 443, 2014.]

18.195.325 Woodmont Commercial, W-C Zone.

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

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

(3) Parking facilities landscaping as prescribed in DMMC 18.195.360. [Ord. 1618-A § 11, 2015.]

18.195.330 Public or institutional uses.

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

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

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

(3) Landscaping of parking facilities as prescribed in DMMC 18.195.360. [Ord. 1591 § 444, 2014.]

18.195.340 Business Park, B-P Zone.

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

(2) A Type I landscaping strip, an average of at least 20 feet in depth, shall be provided along the perimeter of any business park in the North subarea abutting a street classified as a major arterial, secondary arterial, or collector by City street development standards. The landscaping strip shall contain an earthen berm with an average height at least five feet above the elevation of the abutting street. The width of the landscaping strip and/or the height of the berm may be increased or decreased through approval of a master plan or site plan as established by chapter 18.105 DMMC, if it is determined that such increase or decrease is necessary or required to effectively screen the business park. In the South subarea, a Type II landscaping strip, an average of at least 10 feet in depth, shall be provided along the perimeter of any building site abutting a street classified as a major arterial, secondary arterial, or collector by City street development standards.

(3) Parking facilities shall be landscaped as prescribed in DMMC 18.195.360. [Ord. 1591 § 445, 2014.]

18.195.350 Pacific Ridge, PR-R and PR-C Zones.

(1) The perimeter of properties abutting a Single-Family Residential Zone shall provide a Type I landscaping strip with a minimum depth of 10 feet.

(2) The perimeter of properties abutting a Multifamily Residential Zone shall provide a Type II landscaping strip with a minimum depth of five feet.

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

(4) Parking facilities landscaping as set forth in DMMC 18.195.360. [Ord. 1591 § 446, 2014.]

18.195.352 Transit Community, T-C Zone.

(1) The perimeter of properties abutting a Single-Family Residential Zone shall provide a Type I landscaping strip with a minimum depth of 10 feet and six-foot solid fence.

(2) The perimeter of properties abutting a Multifamily Residential Zone shall provide a Type II landscaping strip with a minimum depth of five feet.

(4) Parking facilities landscaping as set forth in DMMC 18.195.360. [Ord. 1601 § 15, 2014.]

Article IV. Specific Requirements

18.195.360 Landscaping of parking facilities.

Landscaping shall be provided within all surface (open air) parking lots, as follows:

(1) Design Criteria. Landscape areas shall be located in such a manner as to divide and break up the large expanses of pavement, divide and define driveways, parking stalls and corridors, limit cross-taxiing, delineate and separate pedestrian and vehicular traffic, and screen parking facilities from abutting properties. Planting areas and landscaping shall be reasonably dispersed throughout the parking lot with the interior dimensions of such areas being sufficient to protect the landscaping materials planted therein and to ensure proper growth. The primary landscaping materials used shall consist of canopy-type deciduous trees or spreading evergreen trees planted in wells or strips with a mixture of deciduous and evergreen shrubs and/or ground cover. Shrubbery, hedges, and other planting materials shall be used to complement the tree landscaping, but shall not be the sole contribution to the landscaping. Existing vegetation, architectural barriers or berms may be incorporated into the landscape design; provided, they contribute to achieving the intent of this subsection.

(2) Interior Coverage Requirements. A minimum of five percent of a parking facility shall be landscaped. Landscaping which is required for screening along the perimeter of any lot and border plantings adjacent to buildings upon which a parking lot abuts shall not be considered as part of the interior coverage requirement. Parking spaces abutting a perimeter for which landscaping is required by other requirements of this code shall not be considered as a part of the interior of the parking facility.

(a) For off-street parking facilities providing 10 or fewer parking stalls, the interior coverage requirements stated in this section shall not apply.

(b) Any interior landscape area shall contain a minimum of 50 square feet, shall have a minimum dimension of five feet, and shall include at least one tree with the remaining area landscaped with shrubs, ground cover, or other approved landscaping materials not exceeding three feet in height.

(c) Trees shall number not less than one for each five parking stalls, to be reasonably distributed throughout the parking lot.

(d) A minimum of 40 percent of the trees shall be evergreen. [Ord. 1591 § 447, 2014.]

18.195.370 Types of landscaping required.

DMMC 18.195.380 through 18.195.400 are types of landscaping as required in DMMC 18.195.220 through 18.195.350; all proposed plant material, sizes, and characteristics shall be in accordance with the American Association of Nurserymen Standards (ANSI 2601 – 1973). [Ord. 1591 § 448, 2014.]

18.195.380 Type I – Solid screen.

Type I landscaping is intended to provide a solid sight barrier to a height of 10 feet totally separating incompatible land uses. Type I landscaping shall generally consist of a mix of predominantly evergreen plantings including living trees, shrubs, and ground covers. Evergreen trees shall be a minimum height of six feet at time of planting. Plantings shall be chosen and spaced so as to grow together within two years sufficient to provide a 100 percent sight-obscuring screen. The entire planting strip shall be landscaped; however, those plantings used to achieve the sight-obscuring screen shall cover at least five feet of the width of the strip and shall be located farthest from the property line. Existing vegetation, architectural barriers (including walls, planters, and fences), or berms may be incorporated into the landscape design as set forth in DMMC 18.195.420, and shall be considered acceptable in lieu of new plantings; provided, they contribute to achieving the intent of this section. [Ord. 1591 § 449, 2014.]

18.195.390 Type II – Visual buffer.

Type II landscaping is intended to create a visual separation that is not necessarily 100 percent sight-obscuring. Type II landscaping shall consist of a mix of evergreen and deciduous plantings, trees, shrubs, and ground covers. Plantings of shrubs and ground covers shall be chosen and spaced to result in a total covering of the landscape strip. Shrubs shall be of a type that achieve a height of approximately six feet within two years, and effectively screen views along the length of the planting strip. Deciduous trees shall have a minimum trunk diameter two inches at time of planting; evergreen trees shall be a minimum six feet tall at time of planting. Trees shall be located farthest from the property line. All trees shall be spaced at intervals resulting in touching of branches after 10 years of normal growth. Existing vegetation, architectural barriers, or grading, which may be incorporated into the landscape design as set forth in DMMC 18.195.420, shall be considered acceptable in lieu of new plantings; provided, they contribute to achieving the intent of this section. [Ord. 1591 § 450, 2014.]

18.195.400 Type III – See-through buffer.

Type III landscaping is intended to provide visual separation of uses from streets and main arterials and between compatible uses so as to soften the appearance of streets, parking lots, and building facades. Type III landscaping shall consist of evergreen and deciduous trees planted not more than 30 feet on center interspersed with large and small shrubs and ground cover. Plantings of shrubs and ground covers shall be chosen and spaced to result in a covering of the landscape strip within two years. Shrubs shall be of a type that do not exceed a height at maturity of approximately three to four feet. Deciduous trees shall have a minimum trunk diameter of two inches at time of planting. Evergreen trees shall be a minimum of six feet tall at time of planting. Existing vegetation, architectural barriers, or grading may be incorporated into the landscape design as set forth in DMMC 18.195.420 and shall be considered acceptable in lieu of new plantings; provided, they contribute to achieving the intent of this section. [Ord. 1591 § 451, 2014.]

18.195.410 Marina District.

Street trees are required within the planting strip abutting public rights-of-way in the downtown Marina District, that area lying between South 216th Street and South 230th Street, 10th Avenue South and Puget Sound, in accordance with tree species standards adopted by the City Manager or the City Manager’s designee in consultation with the Planning, Building and Public Works Department and Parks Department. [Ord. 1591 § 452, 2014.]

18.195.420 Modification of landscaping requirement(s).

(1) The Planning, Building and Public Works Department may authorize reduced width of plantings or waive some or all landscaping requirements in the following instances:

(a) Whenever a building utilized for business or office purposes is proposed to be placed within 10 feet of the street right-of-way and there are no loading docks on such street, and at least 50 percent of the wall length is utilized for window and door construction, and the setback is utilized in effect as a sidewalk; provided, approved street trees are planted within the 10-foot setback no more than 30 feet on center;

(b) When architectural barriers or berms are incorporated into the design of the landscaping and contribute to the intent of the type of landscaping required and the minimum width of planting is not reduced by more than 50 percent;

(c) When application of requirements of this section for commercial properties would result in more than 15 percent of the site area being landscaped, in which instance the Planning, Building and Public Works Department may modify those requirements such that not more than 15 percent of the site must be landscaped; provided, however, that the landscaping and corresponding setbacks required are those most beneficial to the public;

(d) When the inclusion of significant existing vegetation located on the site would result in as good as or better satisfaction of the purposes of this chapter;

(e) When, in the case of required perimeter landscaping adjacent to street rights-of-way, the ultimate street improvements for that right-of-way have been installed or will be installed as a requirement of approval of the development, and the Planning, Building and Public Works Department determines that the proposed landscaping of that portion of the right-of-way between the property line and sidewalk is acceptable, the Planning, Building and Public Works Department may allow such landscaping in lieu of required landscaping within the development; provided, the type and area of planting is comparable to that normally required and adequate provisions are made for permanent maintenance;

(f) When conditions on or adjacent to the site, including differences in elevation, existing vegetation, location of existing structures or utilities, continuity of design concepts within a zone, or emergency vehicle access, would render application of requirements of this chapter ineffective or result in scenic view obstruction;

(g) When supported by a crime prevention assessment of their property using principles from the Crime Prevention Through Environmental Design (CPTED) program to reduce opportunities for criminal activity to occur.

(2) An application for adjustment of landscaping requirements shall be filed on forms prescribed by the City, executed and sworn to by the owner or tenant of the property concerned or by duly authorized agents. Such application shall clearly and in detail state what adjustments of requirements are being requested and the reasons such adjustments are warranted, and shall be accompanied with such supplementary data, such as sketches, surveys, and statistical information, as deemed necessary to substantiate the adjustment.

(a) The applicant shall give all owners of property located within 100 feet of any boundary of the subject property written notice of the proposed alternative landscaping within 20 days of filing an application. The Planning, Building and Public Works Department shall allow 15 days for comment before making a decision.

(b) The decision of the Planning, Building and Public Works Department regarding alternative landscaping shall be made within 45 days of filing of an application, shall be transmitted in writing to the applicant and all interested parties and shall identify reasons for denial or requirements for modifications, if any.

(c) The decision of the Planning, Building and Public Works Department shall be final unless an aggrieved person appeals that decision to the Hearing Examiner by filing a written notice of appeal within 10 days of such decision in accordance with the Hearing Examiner Code. [Ord. 1655 § 17, 2016: Ord. 1591 § 453, 2014.]

18.195.425 Landscaping for essential public transportation facilities.

(1) A request to modify landscaping and/or irrigation requirements for essential public transportation facilities shall be detailed in landscape design plans submitted by the essential public transportation facility designer or design-builder. The landscape design shall clearly and in detail state what adjustments of requirements are being requested and the reasons such adjustments are warranted, and shall be accompanied with such supplementary data, such as sketches, surveys, statistical information and if appropriate how the landscape design conforms to design requirements and/or development agreements affecting the project, as deemed necessary to substantiate the adjustment.

(2) A required landscape buffer may be reduced by more than 50 percent for construction of essential public transportation facilities in conjunction with governmental acquisition of property for right-of-way expansion with approved landscape design plans incorporating existing or proposed vegetation, or alternative mitigation measures such as buffer or open space averaging, off-site mitigation and fees paid in lieu pursuant to chapter 16.25 DMMC or other alternative mitigation approaches which result in an “equal or better” buffer result for the project or benefit to the City.

(3) The requested modifications shall be processed as part of the applicable City permit or approval process in accordance with conditions associated with the approved modifications to required landscaping, landscape buffers and irrigation and as set forth in a City Council-approved development agreement pursuant to chapter 36.70B RCW. [Ord. 1695 § 6, 2017.]

18.195.430 Landscape performance requirements.

(1) All landscaping required pursuant to this chapter shall be installed prior to issuance of a certificate of occupancy, unless the Planning, Building and Public Works Department approves a request for an extension due to adverse weather conditions. Extensions shall not exceed six months unless adverse weather conditions persist for an unusual length of time.

(2) If extension of installing landscape improvements is granted, the owner shall post a performance bond, letter of credit, or other security device acceptable to the City in an amount equal to 120 percent of the estimated value of the landscape materials, including labor, shown on an approved landscaping plan. The owner shall also provide a complete bid proposal from a qualified installer stating that such landscaping can be installed (labor and material) for the bond amount. The bid must remain acceptable by installer for a period of two months longer than the requested extension time. If required landscaping has not been installed within the period allowed by this chapter, including any extension granted by the City, the City may enter upon the property and use the performance bond or other security device to perform work necessary to implement the landscape plan.

(3) It shall be the responsibility of the project manager or business owner to contact the Planning, Building and Public Works Department upon completion of the landscaping work and request inspection.

(4) The Planning, Building and Public Works Department may inspect the landscaping upon request of the project manager or business owner or at any time after the expiration of the extension date. [Ord. 1591 § 454, 2014.]

18.195.440 Enforcement.

This chapter shall be enforced in the manner specified in DMMC 18.01.080 through 18.01.110. [Ord. 1591 § 455, 2014.]

Article V. Solid Waste Containers

18.195.450 Solid waste container screening required in Multifamily Residential and Commercial Zones.

(1) All solid waste containers located in Multifamily Residential or Commercial Zones shall be screened from abutting properties and public rights-of-way by a 100 percent sight-obscuring fence, wall, or other enclosure. Such solid waste container enclosure may be permanent or portable.

(2) The Planning, Building and Public Works Director may waive the requirements of this section upon written findings that undue hardship and results inconsistent with the intent of this chapter would result. The method by which such screen is achieved is left to the discretion of the property owner, although the City encourages compatibility with building and site characteristics, such as repetition of main building materials, color and texture, except the Planning, Building and Public Works Director may require specific design features as are necessary to meet the intent of this chapter. [Ord. 1591 § 456, 2014.]

18.195.460 Area for solid waste containers required.

Area for solid waste containers shall be provided in all commercial and multifamily developments. Planned unit developments designed for individual dwelling solid waste service are excluded from this requirement. Area for containers for both garbage and recyclable materials shall be provided. The Planning, Building and Public Works Director may develop administrative guidelines regarding the size and location of areas for solid waste containers. [Ord. 1591 § 457, 2014.]

18.195.470 Location of private solid waste containers.

(1) No solid waste container in Multifamily or Commercial Zones shall be located upon a public right-of-way or within a designated driveway or private access street.

(2) Parking spaces shall not be used for solid waste containers, except the Planning, Building and Public Works Director is authorized to permit the dedication of one parking space on developed sites for a solid waste enclosure pursuant to the screening standards stated in DMMC 18.195.460 when the property owner can demonstrate that no other practical location for the enclosure exists. [Ord. 1591 § 458, 2014.]

18.195.480 Location and screening of public solid waste containers.

Solid waste containers placed for the purpose of supporting waste reduction and/or the health and sanitation needs of the general public shall be located, screened, and/or designed in such a manner as to employ a maximum of screening commensurate with utility and convenience of use by the public populations that the containers serve. When sight-obscuring screening methods are impractical, the containers shall be so screened and/or designed to minimize unsightliness, to blend with the surroundings, and with special consideration given to public liability and prevention of vandalism or theft. [Ord. 1591 § 459, 2014.]

18.195.490 Exemptions.

Solid waste container screening shall not be required for the following:

(1) Single-family residences when solid waste containers 90 gallons or less are used;

(2) Mobile home parks when individual solid waste containers 90 gallons or less are used and such containers are located adjacent to the dwelling unit they serve;

(3) Temporary construction solid waste containers during the period of land clearing, grading, and construction;

(4) Temporary solid waste containers used for a period not exceeding 30 days;

(5) Containers that are owned by the City or a nonprofit corporation whose objectives are the beautification of the City or improvement of the business climate of the City, which receptacles have been placed as street furniture or otherwise with the permission of the City and with the approval of the Planning, Building and Public Works Director as to design and location; and

(6) Containers, including street furniture, in Commercial and Multifamily Zones that have been approved by the Planning, Building and Public Works Director as to design and location. [Ord. 1591 § 460, 2014.]