Chapter 19.12
DESIGN PRINCIPLES, STANDARDS
AND SPECIFICATIONS
Sections:
19.12.020 General requirements.
19.12.030 Critical and sensitive areas.
19.12.050 Transportation facilities.
19.12.060 Block and lot layout.
19.12.070 Common areas and unique site features.
19.12.080 Nonconforming lots of record.
19.12.010 Purpose.
The purpose of this chapter is to provide design principles, standards and specifications regarding the subdivision, modification or resubdivision of property in accordance with the scope and purpose statements contained in PMC 19.12.030. (Ord. 2591 § 2, 1999).
19.12.020 General requirements.
The following requirements apply to all activities regulated by this title unless specifically stated as exempt:
(1) Standards and Specifications. In addition to compliance with the provisions of this title, all short plats, major subdivisions and binding site plans shall comply with the following requirements:
(a) PMC Title 18, Comprehensive Plan;
(b) PMC Title 20, Zoning Code;
(c) PMC Title 21, Environment;
(d) Other applicable provisions of the Puyallup Municipal Code including PMC Title 11, Streets and Sidewalks; PMC Title 14, Water and Sewers; PMC Title 16, Fire; and PMC Title 17, Buildings and Construction;
(e) City Standards for Public Works Engineering and Construction adopted pursuant to Chapter 17.42 PMC;
(f) The Stormwater Management Manual for Western Washington currently approved for city use; and
(g) Any other applicable federal, state or local regulations.
(2) Surveying and Monumentation. In order to ensure the establishment and preservation of land surveys, and ensure accurate and consistent standards and procedures for surveying and monumentation, the following requirements shall apply:
(a) All surveying and monumentation shall be performed in accordance with Chapter 58.09 RCW and city requirements;
(b) Permanent survey control monuments shall be provided at all controlling corners of the subdivision, at the intersection of centerlines of roads within and adjacent to the subdivision, and at the angle points and points of curvature in each street;
(c) Permanent survey control monuments located within areas subject to flooding shall include the elevation of the top of the monument;
(d) Every lot corner shall be permanently marked in accordance with standard surveying practices;
(e) The city may also require the boundaries of any delineated critical area to be surveyed and permanently marked in accordance with the city’s monumentation standards;
(f) If any land proposed for subdivision under this title is contiguous to a meandering body of water, the meander line shall be reestablished, the line shown on the face of the drawing, and permanently marked in accordance with the city’s monumentation standards; and
(g) Any monument or other permanent survey markers disturbed by construction or other activities shall be reestablished in accordance with the requirement contained in this section.
(3) Low Impact Development Principles. General principles of low impact development to be reflected in any subdivision layout include:
(a) Emphasizing natural resource conservation;
(b) Minimizing impervious surfaces, loss of existing vegetation, and storm water runoff;
(c) Incorporating any natural drainage features. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2591 § 2, 1999).
19.12.030 Critical and sensitive areas.
In order to preserve and protect natural resources which are important to the character of the community, perform important ecological functions and processes, and/or prevent a hazard to life or property, any activities regulated under this title shall comply with the following requirements:
(1) Critical Areas. In order to identify regulated critical areas, ensure appropriate notification of future property owners, and to ensure continued compliance with the city of Puyallup’s environmentally critical areas management ordinance, all critical areas defined and regulated under Chapter 21.06 PMC located within the boundaries of the subject parcel shall be delineated. A statement indicating the type, class or category of critical area, and a statement referencing the need to comply with the applicable city requirements shall also be included on the face of the drawing. Additional information or requirements may be imposed as a condition of development approval;
(2) Floodplains. In order to identify affected land areas, ensure appropriate notification of future property owners, and to ensure continued protection of the health, safety and welfare of city residents, all areas within the boundaries of the subject parcel which may be subject to flooding as indicated on the most recent national flood hazard boundary map prepared by the Federal Emergency Management Agency or other authoritative data shall be delineated. A statement indicating the category of flood hazard, and a statement referencing the need to comply with applicable federal, state and local requirements shall also be included on the face of the drawing. Additional information or requirements may be imposed as a condition of development approval.
(a) Department of Ecology Approval. Pursuant to RCW 58.17.120, the state Department of Ecology may also be required to review and approve any proposed development.
(3) Shorelines. In order to identify affected land areas, ensure appropriate notification of future property owners, and to ensure continued compliance with the Shoreline Management Act of 1971 and the city of Puyallup’s shoreline management master program, all shoreline areas defined and regulated by the city’s shoreline management master program located within the boundaries of the subject parcel shall be delineated. A statement referencing the need to comply with applicable requirements shall also be included on the face of the plat. Additional information or requirements may be imposed as a condition of development approval.
(a) Public Access. Developments regulated under this title containing lands regulated under the city’s shoreline management master program may be required to dedicate corridors for public access to the shorelines unless the city determines the dedication would not be in the public interest due to circumstances such as unavoidable health or safety hazards, unacceptable environmental harm, or inability to provide safe access. (Ord. 2591 § 2, 1999).
19.12.040 Utilities.
In order to ensure the provision of adequate utilities as determined by the public works director or designee in a timely manner consistent with the city’s comprehensive plan, and protect the health, safety and welfare of the city and its residents, all activities regulated under this title shall comply with the following requirements:
(1) Drainage Facilities. In order to protect public safety and the natural environment, all storm water management facilities shall be designed and constructed to reflect the general principles and design criteria set forth in this section, including appropriately managing increased storm water runoff resulting from subdivision and subsequent development of a tract in such a manner as to minimize storm water runoff, minimize vegetation loss, minimize erosion, reduce potential for on-site and off-site flooding, minimize impervious surfaces and control public costs for the provision of storm water management facilities.
General principles of storm water management design to be reflected in any subdivision layout include: a project design that mimics predisturbance hydrologic processes using a site layout to minimize impervious surfaces and loss of vegetation with management of storm water through low impact development wherever feasible; incorporation and use of any natural drainage features; and provision of storm water detention/retention facilities to control peak flows and protect water quality;
The proposed storm water management system shall conform to the general design criteria set forth below and specific development standards referenced in PMC 19.12.020 and in the current version of the Stormwater Management Manual for Western Washington as most recently adopted by the city for city use:
(a) No subdivision shall be approved which does not make adequate provision for storm or flood water runoff, and for low impact development principles;
(b) All storm water systems shall be separate and independent from sanitary sewer systems;
(c) Storm water systems may consist of a combination of low impact development, natural drainage systems, curb and gutters, underground piping, water quality treatment facilities, and detention/retention facilities. Preference is given to low impact development, retention and use of natural drainage systems whenever possible;
(d) Storm water systems shall be designed to maintain historical flows necessary for the preservation of wetlands, ponds, streams, or other critical areas. Separate infrastructure may be approved for use in collecting and discharging roof runoff and spring/seep water to critical areas to assist in maintaining historical flows. In no instance shall road or yard runoff be permitted to be discharged to critical areas without appropriate pretreatment. Storm water systems shall be sited and designed to avoid potential adverse impacts to steep slopes, aquifer recharge areas, wetlands, or other identified critical areas;
(e) Adequate biofiltration facilities shall be provided to reduce siltation and water quality impacts;
(f) All storm water facilities shall be located either in a public road right-of-way, or in a separate dedicated tract of appropriate width and improved to the standards set forth in the most recent city engineering standards and specifications manual;
(g) Low impact development, retention, and use of natural drainage systems is required wherever feasible. Drainage ways shall be established and delineated by easement of adequate width which conforms substantially to the lines of the watercourse, and shall be maintained in an open vegetated channel; and
(h) Subdivision of any portion of any tract located within an area subject to flooding as delineated on the most recent edition of the Federal Emergency Management Agency’s Flood Insurance Rate Maps shall comply with associated floodproof development standards.
(2) Domestic Water Facilities. In order to assure the establishment of a water supply system capable of providing a safe and adequate supply of water for domestic use and fire protection at all times, a public water system shall be extended, sized, designed and constructed in such a manner as to provide adequate domestic water service to every lot and provide minimum required fire flows.
General principles of domestic water system design to be reflected in any subdivision layout include: establishment of a system which provides adequate pressure and flow to meet domestic water, fire flow and irrigation demand; and design and construction of a system which ensures a safe and sanitary source of domestic water;
The proposed domestic water system shall conform to the general design criteria set forth below and specific development standards referenced in PMC 19.12.020:
(a) The water mains shall be designed and constructed in a “looped” system wherever possible in order to reduce potential for stagnation and stabilized system pressure;
(b) Fire hydrants shall be located, sized and installed in accordance with the standards and specifications set forth in Chapter 16.08 PMC and approved by the fire chief or designee; and
(c) Water mains and fire hydrants shall be located within public street right-of-way, or within a perpetual easement of appropriate width and improved to the standards set forth in the most recent city engineering standards and specifications manual. Placement within public street right-of-way is preferred.
(3) Sanitary Sewer Facilities. In order to assure protection of the local groundwater aquifer, sources of supply for the city’s domestic water system, and surface water systems, and reduce the potential for sewage-related health hazards, a sanitary sewer system shall be extended, sized, designed and constructed in such a manner so as to provide sanitary sewer service to every lot in the development.
The proposed sanitary sewer system shall conform to the general design criteria set forth below and specific development standards referenced in PMC 19.12.020:
(a) The system shall be designed to be a gravity flow system whenever possible, to reduce on-going operation and maintenance associated with a mechanically pumped system;
(b) Sanitary sewer facilities shall be located within public street right-of-way, or within a perpetual easement of appropriate width and improved to the standards set forth in the most recent city engineering standards and specification manual. Placement of sewer mains within street right-of-way is preferred, with any associated pumping facilities to be located outside of public street right-of-way and within a tract dedicated to the city; and
(c) When sanitary sewer service is not available and the city public works director or designee has authorized the use of on-site septic system, the on-site septic system shall be reviewed and approved by the Tacoma-Pierce County health department.
(4) Undergrounding of Utilities. All new or replacement of existing overhead utilities such as telephone, single-phase power, cable TV, etc., designed to serve the subdivision and located within the boundaries of the tract shall be installed underground. Undergrounding of existing telephone, single-phase power distribution and cable TV lines may be exempt from this requirement if the cost of undergrounding the existing line is more than twice the cost of undergrounding service and distribution lines needed to serve the subdivision. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2591 § 2, 1999).
19.12.050 Transportation facilities.
In order to ensure the provision of adequate transportation facilities for all modes of transportation in a timely manner, which are consistent with the city’s comprehensive plan, and protect the health, safety and welfare of the city and its residents, all activities regulated under this title shall comply with the following requirements:
(1) Street Location and Arrangement. In order to provide for streets of suitable location, width, and improvement to accommodate expected traffic and afford satisfactory access to police, firefighting, snow removal, sanitation, and road maintenance equipment, and to coordinate street development so as to compose a convenient circulation system, avoid undue hardships to adjoining properties and assure compatibility with the city’s comprehensive plan, all streets shall be designed and constructed in accordance with the regulations and standards set forth or referenced in this title and “City Standards for Public Works Engineering and Construction.”
General principles of circulation design to be reflected in any subdivision layout include: safety for both vehicular and pedestrian traffic; efficiency of service for all users; quality of life features or amenities as affected by traffic element in the circulation system; compatibility with existing site features or characteristics; consistency with low impact development principles; and economy of both construction and use of land.
Arterial and collector streets proposed in the comprehensive plan, located within or adjacent to a proposed subdivision, shall be provided in accordance with the plan, shall be improved to city specifications, and shall be dedicated to the public in all instances. All other streets including minor collectors and local access streets shall be improved to city specifications and dedicated to the public.
The proposed street layout shall conform to the general design criteria set forth below and specific development standards referenced in PMC 19.12.020:
(a) All streets shall be arranged in proper relation to topography and other site characteristics in a manner which results in usable lots, safe streets and acceptable gradients without unnecessary destruction of drainage courses, trees and other natural site features;
(b) The arrangement of streets in new development should be such that said streets extend to the boundary lines of the tract to make provision for future extension to adjacent tracts, except when determined to be impractical by the public works director or designee due to critical areas, site constraints, or existing street alignments;
(c) The street layout shall reflect the use of local streets to provide access to abutting properties, and the use of collector streets to channel traffic through the development to abutting collectors and arterials. The layout should discourage the use of local streets by through traffic;
(d) When lot(s) within a residential development are proposed adjacent to an arterial street, primary access to said lots shall be provided from a local street or collector street and a “no access” easement established along the lot boundary bordering the arterial;
(e) All street intersections shall be perpendicular, unless a modified intersection is approved by the city’s public works director or designee;
(f) Frontage improvements shall be required except when existing street improvements are determined to meet minimum city standards and specifications by the public works director or designee, or where assurance for dedication and improvement of the remaining part of the street is provided to the satisfaction of the public works director or designee. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract;
(g) Whenever a proposed subdivision borders an existing street, reconstruction or widening of such street may be required as a condition of subdivision approval. Additional dedication of right-of-way may also be required;
(h) All streets within a proposed development shall be designed and constructed to city standards and specifications, unless a situation of unusual physical conditions such as critical areas or a controlled design environment is proposed, and it can be demonstrated that a private street is the only feasible solution and will not disrupt the city’s existing or proposed transportation circulation system to the satisfaction of the public works director or designee. If authorized by the public works director or designee, private streets shall be designed and constructed to city standards and specifications, and covenant provisions for the perpetual ownership, maintenance, improvement, and liability of said private street at no expense to the city is reviewed and approved by the city attorney;
(i) Restriction of public access to publicly-owned and maintained roadways through the establishment of gated communities shall not be permitted; and
(j) Roadway connections to abutting, stubbed out rights-of-way shall be required as a condition of approval if said connection furthers the city goal of promoting a system of interconnected grid of roadways. New streets shall not be connected or traffic from a proposed development discharged to a substandard roadway without minimum improvement to said roadway as determined to be needed by the city public works director or designee. Improvements to said substandard rights-of-way may be required if they are proportional to the size/scale of the development and the impacts to said roadway, as determined by the city engineer or designee.
(2) Sidewalks and Walkways. In order to provide for safe and convenient pedestrian movement as an alternative to the use of vehicles, increased mobility for persons with limited access to motorized vehicles, and create a community-wide pedestrian circulation system, all sidewalks and walkways shall be designed and constructed in accordance with the regulations and standards set forth or referenced in this title.
General principles of sidewalk and walkway design to be reflected in any development layout include: safety for both pedestrian and vehicular traffic; appropriate interface or separation from potential hazards including vehicular travel lanes or other dangerous site features; compatibility with site features and characteristics; provision of direct and convenient pedestrian connections between community activity areas, schools, commercial and employment centers, recreation facilities, transit stops, and other residential neighborhoods; consistency with low impact development principles; and orientation to unique or significant site features including critical areas and view corridors.
The proposed sidewalk and walkway layout shall conform to the following:
(a) Sidewalks shall be required depending upon road classification and intensity of development in accordance with the requirements set forth in the city’s engineering standards;
(b) Where sidewalks are optional, they may be required if close to pedestrian generators, to continue a walk on an existing street, to link areas, or to provide pedestrian access to future development as indicated in applicable master plans;
(c) In conventional developments, sidewalks shall be placed in the right-of-way, unless an exception is permitted by the public works director or designee, to preserve topographical or natural features, or unless the applicant shows an alternative pedestrian system provides safe and convenient circulation;
(d) In planned developments, sidewalks may be located away from the road system to link dwelling units with other dwelling units, the street, and on-site activity centers such as parking lots, recreation areas or open space. They may also be required parallel to the street for safety and other reasons;
(e) Pedestrian easements shall be required through the center of blocks more than 600 feet in length to provide circulation and access to schools, parks, open space, shopping or other community facilities;
(f) Sidewalks shall be designed and constructed in accordance with the specifications set forth in the city’s engineering standards;
(g) Dedication of easements for public access or public right-of-way may be required for sidewalks or walkways considered to be an integral link in the pedestrian circulation system or proposed to be provided in lieu of standard sidewalk improvements required to be constructed within public street right-of-way, as determined by the city’s public works director or designee; and
(h) Off-site sidewalk and/or walkway connections shall be required as a condition of approval if said off-site sidewalk/walkway furthers implementation of the city’s nonmotorized plan and if such off-site sidewalk connections are proportional to the size/scale of the development and would further the goals of the nonmotorized plan, as determined by the city engineer or designee. Special consideration will be made to sidewalk connections that would promote safe and dedicated public walking routes to schools.
(3) Bikeways. In order to provide for safe and convenient bicycle travel as an alternative to the use of motorized vehicles, increased mobility for persons with limited access to motorized vehicles, and create a community-wide bicycle circulation system, all bikeways shall be required, designed and constructed in accordance with the regulations and standards set forth or referenced in this title.
General principles of bikeway design to be reflected in any development layout include: safety for both bicyclists and vehicular traffic; appropriate interface or separation from potential hazards including vehicular traffic or other dangerous site features; compatibility with site features and characteristics; provision of direct and convenient bicycle connections between community activity areas, schools, commercial and employment centers, recreation facilities, transit stops, and other residential neighborhoods; consistency with low impact development principles; and orientation to unique or significant site features including critical areas and view corridors.
The proposed bikeway layout shall conform to the following:
(a) Residential (local access) streets and associated improvements shall include bicycle use as a component of the roadway, unless alternate bicycle paths are provided;
(b) Signed bicycle routes, as designated in the city’s comprehensive plan, shall be designed and constructed in accordance with the city’s standards and specifications;
(c) Bike paths, as designated in the city’s comprehensive plan, shall be designed and constructed in accordance with the city’s standards and specifications;
(d) Bike paths may be combined with pedestrian sidewalks or walkways when approved by the city’s public works director or designee, and shall be designed and constructed in accordance with the city’s standards and specifications;
(e) Bike routes and bike paths shall be located, designed and constructed to interconnect with existing or proposed off-site bike routes or paths; and
(f) Dedication of easements for public access or public right-of-way may be required for bike routes or bike paths designated in the city’s comprehensive plan. Such dedication may also be required if considered to be an integral link in the city’s bike route or bike path circulation system, or proposed to be provided in-lieu-of standard street improvements required to be constructed within public street right-of-way, as determined by the city’s public works director or designee.
(4) Street Lighting. In order to provide for vehicle and pedestrian safety, improved security and an attractive streetscape, street lighting shall be installed at the corner of all intersections, on cul-de-sacs that are 200 feet or longer in length, or as determined to be needed by the public works director or designee. All street lighting shall be installed in accordance with standards and specifications contained in the documents referenced in PMC 19.12.020. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 3119 § 8, 2016; Ord. 2591 § 2, 1999).
19.12.060 Block and lot layout.
In order to ensure a functional and efficient design, predictability, effective police surveillance, assist in alleviating property line disputes, public nuisances and zoning infractions, reduce conflicts with transportation facilities, and create desirable and uniform lots for development, all activities regulated under this title shall comply with the following requirements:
(1) Block Arrangements. Blocks shall be arranged in accordance with the following requirements:
(a) Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth. Exceptions to this prescribed block width shall be permitted in blocks adjacent to critical areas, major transportation facilities, industrial and commercial areas;
(b) Whenever practical, blocks along arterials and major collector streets shall not be less than 1,000 feet in length. Blocks in other residential areas shall not be more than 1,000 or less than 300 feet in length;
(c) Easements may be required to be established through blocks exceeding 600 feet in length, to accommodate utilities, drainage courses/facilities, or pedestrian walkways;
(d) Where blocks are developed along arterial streets and/or highways that are proposed to contain alleys, said alleys shall run parallel to said arterial, and not perpendicular or radial so as to create an intersection between the arterial and alley; and
(e) Wherever feasible, blocks shall be arranged consistent with low impact development principles.
(2) Lot Arrangements. Lots shall be oriented and improved in accordance with the following requirements:
(a) The lot arrangements shall be such that there will be no foreseeable difficulties, for reasons of topography or other site conditions, in securing building permits to build on all lots in compliance with the zoning ordinance and other regulations and in providing safe driveway access to buildings on such lots from an approved street. In the case that a proposed lot would establish an irregular building envelope due to critical areas, critical area buffers, easements, landscape buffers, or any other encumbrances or site conditions, it shall be the burden of the applicant to demonstrate that such building envelope is buildable without relief from requirements of this title;
(b) Lot dimensions shall comply with the minimum standards of the zoning ordinance, with corner lots to be platted a minimum of 10 feet wider than the minimum required lot width;
(c) Double frontage and reverse frontage lots shall be discouraged except where necessary to provide separation of development from arterial streets or to overcome specific disadvantages of topography and orientation;
(d) Lots shall not generally derive access exclusively from an arterial or major collector street. Where driveway access from an arterial or major collector street may be necessary for several adjoining lots, said lots may be required to be served by a common and combined driveway in order to limit possible traffic hazards on such streets;
(e) Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area;
(f) Each individually owned lot or unit shall obtain direct access from a dedicated public street by a panhandle access, approved private access road or approved alley with direct nonmotorized access;
(g) Panhandle access will only be allowed when separated by at least one lot width, and shall serve no more than one lot. Panhandle access shall have a minimum width of 20 feet and a maximum length of 200 feet;
(h) All newly created and/or modified lots shall be uniformly square or rectangular in shape (four-sided polygon) to the fullest extent possible per the administrative authority of the development services designee, unless the land use case requires purview of the hearing examiner or binding site plan committee. Side lot lines shall be perpendicular to street lines or radial to curved street lines. Jogging or meandering lot lines shall be avoided unless associated with code-required critical area preservation, significant natural feature(s), established configuration of an abutting legal lot(s) of record, previously recorded easements, or testamentary provisions;
(i) Topsoil shall be placed on each lot to a minimum depth as specified in the city’s vegetation management standards manual (“VMS”);
(j) No cut trees, timber, organic debris, earth, rocks or stones 12 inches in diameter or greater, contaminated or nonstructural surplus soil, junk, rubbish, or other waste materials of any kind, including construction debris, shall be buried in any land without prior approval of the public works director or designee. No cut trees, timber, organic debris, earth, rocks, stones, soil, junk, rubbish, or other waste materials of any kind, excluding landscape materials, shall be left deposited on any lot or street at the time the buildings are ready for occupancy;
(k) Where a subdivision of a residentially zoned property would result in a lot that could be further subdivided in the future, a utility and access easement area, in a width suitable to provide such access and utilities, may be required to serve future subdivision of the property; and
(l) Wherever feasible, lot layout shall be developed consistent with low impact development principles. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 3119 § 9, 2016; Ord. 3073 § 3, 2014; Ord. 2954 § 7, 2010; Ord. 2591 § 2, 1999).
19.12.070 Common areas and unique site features.
In order to promote the visual quality of the city, ensure appropriate retention and maintenance of common facilities, and provide for adequate public park, recreation and school facilities, all activities regulated under this title shall comply with the following requirements:
(1) Vegetation Buffers. In order to promote the visual quality of the streetscapes and provide additional buffering from transportation corridors consistent with the city’s comprehensive plan, all activities regulated under this title shall comply with the following requirements:
(a) Vegetation buffers of not less than 25 feet in width shall be required along all boundaries of the development abutting a controlled access highway (e.g., SR512, SR410, SR167); a type II, 15-foot vegetative buffer shall apply to all arterial and collector roadways as designated in the comprehensive plan. Buffers along controlled access highways shall be designed using native vegetation, with substantial use of native conifer species (e.g., Douglas fir, western red cedar, madrone, western hemlock, etc.) and native understory plants. Buffers along city roadways shall include clumps of evergreen and deciduous trees intermixed with shrubs and no more than 25 percent turf grass;
(b) When suitable natural vegetation is present, it shall be retained, and if necessary, enhanced with native plant material. Any proposed enhancement shall be set forth in a landscape plan, approved by the development services director or designee, and the landscaping installed prior to final plat approval; and
(c) When suitable natural vegetation is not present, a landscape plan shall be prepared reflecting the use of native plant material, approved by the development services director or designee, and the landscaping installed prior to final plat approval. All native vegetation buffers shall be placed into either a native vegetation protection easement (NVPE) or dedicated NVPE tract with appropriate protection language, as approved by the director or designee, shown on the face of the plat.
(2) Street Trees. In order to further implementation of the city’s street tree program, street trees are required to be installed in all plats in accordance with Chapter 11.28 PMC, Street Trees. Proposed subdivisions under this title shall dedicate suitable area for street trees in accordance with city standards for the applicable roadway.
(3) Fences and Walls. In order to provide a form of neighborhood identity, ensure consistent treatment, reduce the potential for graffiti, preserve the visual character of native or replanted vegetation buffers, protect against the visual impacts of tall retaining walls on the perimeter of plats and provide physical buffering along major and minor arterials and collectors, fences and walls shall be designed, located, constructed and maintained in accordance with the provisions of this section.
General principles of fence and wall placement and treatment to be reflected in any subdivision include: the perimeter boundary of any subdivision adjacent to a major or minor arterial or collector should be buffered from the arterial or collector by vegetation, fence, wall or a combination thereof; fencing, wall or landscape treatment should be consistent to provide a form of neighborhood identity; the use of landscaping or vegetation enhancement is preferred in lieu of fencing or walls to provide screening and privacy for the rear yards of adjoining lots; landscaping shall be retained or installed along the street side of any fencing or wall to reduce hard surfaces which may attract graffiti; and, the installation of fencing or walls adjacent to critical areas or associated buffers is discouraged to reduce the potential disturbance and dumping of yard waste, and encourage incorporation of the critical area and associated buffers as an element of the adjoining lot.
Proposed fences, walls and landscape buffers shall conform to the following:
(a) Fences shall not encroach into any street right-of-way, and shall be set back a minimum of one foot from the edges of any sidewalk. The location, setbacks, stepbacks and landscape screening of all retaining walls along all perimeter areas of all plats shall conform to the standards set forth in PMC 20.58.005(2)(a);
(b) Fences, walls and landscaping shall comply with all clear vision area requirements at street and driveway intersections;
(c) Landscape treatment shall be retained or installed between the public right-of-way and any solid fence or wall to reduce the appearance of a long continuous wall and reduce “hard” surfaces which may attract graffiti;
(d) Solid fences and walls shall be located on the side of any common tract or vegetation easement opposite the side adjacent to the street. Non-sight-obscuring fencing such as split-rail or chain link fencing may be located on the street side of any common tract or vegetation easement, provided the fencing is not painted and any chain link fencing shall be black vinyl clad in surface coating;
(e) Fencing or walls shall not encroach into any critical area or associated buffer, and all fencing and walls within five feet of a critical area or buffer shall be non-sight-obscuring; and
(f) Standards and specifications regarding the type, placement, treatment, ownership, maintenance and modification, of fencing, walls or landscaping associated with perimeter treatment of the project boundaries, common areas, native vegetation easements, critical areas and associated buffer, shall be specified at the time of final plat approval.
(4) Common Areas and Facilities. Common areas and facilities such as but not limited to parks/open space, storm water detention/retention ponds, bioswales and other storm water facilities, subdivision entrances containing signage/landscape treatment, critical areas, etc., typically provide a “common” benefit to more than one property owner. In some instances, provision of common facilities may be a requirement of development plan approval and necessary for the provision of services. In order to enable the transfer of property rights or ownership interest to other parties, and ensure the continued provision and maintenance of the common facility for a specific purpose or use, the property upon which the common facilities exists must be delineated as a separate tract or easement for a specific purpose, and the parties with ownership or use interest specified.
General principles for common facilities to be reflected in the proposed development include: common areas and facilities benefiting more than one party should be designated as a common area/facility and delineated by easement or separate tract, and the ownership/use interest and provisions for maintenance should be specified at the time of platting; ownership and maintenance of common areas/facilities which primarily benefit the residents/property owners within the development should be the responsibility of said residents/property owners; adequate provisions should be included for continued ownership and maintenance of private common facilities; and common facilities which primarily benefit the general public or are considered part of a city facility should be delineated at separate tracts and dedicated to the public.
Proposed common areas and facilities shall conform to the following:
(a) Facilities benefiting more than one property owner shall be considered common area/facilities, designated by easement or separate tract, and corresponding dedication statements included on the face of the final plat specifying the use for which the easement or tract is created, and assigning ownership and use interest;
(b) Common areas/facilities which primarily benefit the residents/property owners within the development such as subdivision entrances containing signage/landscape treatment, and private parks and recreation facilities shall be considered “private” common areas/facilities and the primary ownership and responsibility for maintenance assigned to said residents/property owners;
(c) All private common areas shall be of a size sufficient to accommodate associated facilities;
(d) Adequate provisions for ownership and maintenance in the form of statements of easement; conditions, covenants and restrictions; and/or creation of a homeowner’s association shall be specified at the time of platting. The documents shall address continued ownership interest, right of use, responsibility for maintenance, remedies in the event any of the responsible parties fail to perform, and procedures for modification or vacation of easements or tracts and associated facilities not required as a condition of plat approval. The documents shall also include an adequate funding mechanism for those areas/facilities requiring regular maintenance; and
(e) Common areas/facilities which are determined by the city to primarily benefit the general public or are considered part of a city facility such as storm water detention/retention ponds and bioswales shall be delineated as a separate tract and dedicated to the public for future ownership and maintenance.
(5) Park and Recreation Facilities. In order to ensure adequate provision for public parks and recreation facilities, park impact fees shall be assessed to all residential development in accordance with Chapter 21.20 PMC, Impact Fees.
(6) School Facilities. In order to ensure adequate provision for public school facilities, school impact fees shall be assessed to all residential development in accordance with Chapter 21.20 PMC, Impact Fees. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 3119 § 10, 2016; Ord. 2591 § 2, 1999).
19.12.080 Nonconforming lots of record.
Regulations applicable to nonconforming lots of record are in addition to the regulations applicable to nonconforming uses, structures and signs, and in the event of conflict, the most restrictive provisions shall apply.
(1) Residential Districts. In any district in which single-family dwellings are permitted, a single-family dwelling and permitted accessory buildings may be erected on any single lot of record which existed as of April 25, 1962, notwithstanding limitations imposed by other provisions of this code, and subject to the following:
(a) Such lot must be in separate ownership and not contiguous to other lots in the same ownership;
(b) If two or more lots or portions thereof with contiguous boundaries existed as of April 25, 1962, are in the same ownership, and do not meet the minimum requirements established for lot width, depth and area, the land involved shall be legally consolidated so that all subsequent lots comply with adopted lot width, depth, and area requirements. The consolidation shall be approved and recorded prior to issuance of any permit to establish a new residential unit or any other conditionally permitted nonresidential use on any said lot;
(c) No division or boundary line adjustment of any parcels shall be made which creates a lot which is nonconforming in width, depth or area; and
(d) No parcel or portion of thereof shall be used or sold in a manner which diminishes compliance with adopted lot width, depth or area requirements.
(2) Other Districts. In any other district, permitted buildings and structures may be constructed on a nonconforming lot of record, provided site coverage, setbacks, landscaping and off-street parking requirements are met, and further subject to the following:
(a) Such lots must been in existence prior to April 25, 1962, be in the same ownership and not contiguous to other lots in the same ownership;
(b) If all or part of the lots do not meet the minimum requirements established for lot width, depth or area, the land involved shall be legally consolidated so that all subsequent lots comply with the lot width, depth and area requirements prior to issuance of any permit to establish a new permitted or conditionally permitted use on any portion of said lot;
(c) No division or boundary line adjustment of any parcels shall be made which creates a lot which is nonconforming in width, depth or area; and
(d) No parcel or portion of thereof shall be used or sold in a manner which diminishes compliance with adopted lot width, depth or area requirements. (Ord. 2591 § 2, 1999).