MEMORANDUM To: Stephanie Schwenger From: Ken Mullins & Emma Hewitt Date: September 16, 2015 Re: Bellevue Land Use Codes Revisions The City of Bellevue has experienced tremendous growth within the past several decades. With this expansion comes an increased need for effective solid waste screening and storage requirements. This report provides an overview of codes related to screening, solid waste collection and outdoor storage area requirements within the City of Bellevue, and codes from nearby cities, including Seattle, Olympia and Portland. We suggest that Bellevue emulate these cities in the Downtown Livability Initiative to maintain the city’s beauty, cleanliness and livability.

Screening Guidelines & Regulations Screening helps mitigate unsightly processes, noises and odors associated with the storage and collection of garbage, recycling, and compostable material. Currently, Bellevue only has screening guidelines for produce stands, mechanical equipment and the Evergreen Highlands Design District. Bellevue Land Use Code 20.20.620: Produce stands. Garbage and recycling containers for temporary or permanent produce stands must be site-screened and made of sound-muffling material such as molded plastic. 20.25.525: Mechanical equipment. Exposed mechanical equipment should be visually screened by a solid, non-reflective visual barrier that equals or exceeds the height of the mechanical equipment. 20.25F.040: Site and design requirements. In the Evergreen Highlands Design District, garbage and trash receptacle screening shall be of a material and design compatible with the associated structure and shall be at least as high as the receptacle. Seattle Municipal Code 23.50.016: Landscaping standards on designated streets. Outdoor storage areas must provide view-obscuring screening along the street lot line unless the outdoor storage or outdoor activities are located at least 15 feet above or below the elevation of the street lot line. 23.50.040: Industrial General - Screening and landscaping for specific uses. When a solid waste transfer station is abutting or across the street from a lot in a commercial or residential zone, screening is required pursuant to subsection 23.50.034B. This subsection states that view obscuring screening may be either: a fence or wall six feet in height; or a landscape berm at least five feet in height; or a hedge which would achieve a height of at least five feet within three years of planting; or any combination of the features listed above which achieve a height of at least five feet within three years of planting.

Olympia Municipal Code 8.033: Site Enclosure. Enclosures should be made of wood, concrete blocks, or chain link fence. They require gates when containers are visible from the public right-of-way, and landscaping on at least three sides of the enclosure. The floor of an enclosure must be kept clean and free of grease, oil, and other trip or slip hazards. Please see Appendix A for a comprehensive comparison among Bellevue, Seattle and Olympia’s screening guidelines and regulations.

Solid Waste Collection & Outdoor Storage Area Requirements Bellevue’s Land Use Code states that new multifamily and commercial development must provide accessible, convenient and adequately sized recycling and solid waste collection areas. However, there are no codes regarding solid waste collection areas for existing structures, with the exception of rooming houses (boarding houses), or setback requirements. Bellevue Land Use Code 20.20.700: Rooming houses. Rooming houses should provide appropriate provisions for trash, recycling, and yard waste collection. 20.20.725: Recycling and solid waste collection areas. All new development for multifamily housing exceeding four units, commercial, office, and manufacturing uses shall provide on-site collection areas for recyclable materials and solid wastes, as those terms are used in Chapter 9.26 of Bellevue’s City Code (BCC), as follows:

•   The recycling and solid waste collection areas shall be accessible to residents and/or workers of the proposed development;  

•   There shall be at least one solid waste collection area provided in each development;  •   There shall be one recycling collection area per 30 dwelling units in multifamily

complexes;  •   If feasible, the recycling collection area shall be located adjacent to or near the solid

waste collection areas; and  •   Each recycling and solid waste collection area shall be visually screened in accordance

with 20.25.525: Mechanical equipment. Please see above for mechanical equipment screening guidelines.  

Recycling collection areas shall be at least:

•   One and one-half square feet per dwelling unit in multifamily developments exceeding four units;  

•   Two square feet per 1,000 gross square feet in office developments;  •   Five square feet per 1,000 gross square feet in retail development;  •   Three square feet per 1,000 gross square feet in wholesale, warehouse and manufacturing

development; and  •   The Director of the Development Services Department shall establish the square footage

requirement for all unspecified uses.   20.20.820: Solid waste disposal. In order to construct or modify a solid waste disposal facility, an applicant must submit information demonstrating compliance with existing siting criteria and

an explanation for why alternative sites were not selected. The city may approve an application if the disposal facility is completely contained within a building, a transportation plan is provided, and measures are taken to control odor, pollution and pests. Seattle Municipal Code 21.36.080: Placement of containers. Backyard collection containers should be placed by occupants in a convenient, accessible location as near to the backyard or alleyway as possible. Containers may not be placed in a sidewalk, planting strip, or alley until a reasonable time before collection, and must be removed within a reasonable time after collection. 23.47A.014: Setback Requirements. Dumpsters and other trash receptacles, except for trash compactors, located outside of structures are not permitted within ten feet of any lot line that abuts a residential zone. 23.49.025: Odor, noise, light/glare, and solid waste recyclable materials storage space standards. Businesses are required to vent fumes, dust, vapors, smoke, cinders and gas ten feet above sidewalks and directed away from any other businesses within 50 feet of the vent. Residents and businesses creating major noise and odor sources (including incinerating, film burning and fiberglassing) are required to consult with the Puget Sound Clean Air Agency or an acoustical consultant. Olympia Municipal Code 8.032: Pad Size and Site Configuration. Sloped concrete pads are required under dumpsters and drop boxes to provide drainage and easy passage for collection vehicles. Portland Charter and Code 17.102.290: Storing Solid Waste, Recycling or Compostable Containers in the Right of Way Prohibited. No person may store solid waste, recycling or compost containers within a right-of-way for more than two hours before or after collection in the City of Portland. Fees may be enforced for citizens who do not abide by this code. Please see Appendix B for a comprehensive comparison among Bellevue, Seattle, Olympia and Portland’s Solid Waste Collection & Outdoor Storage Area Requirements.

Appendix A: Screening Guidelines & Regulations

Jurisdiction Code Requirement

Bellevue 20.20.620: Produce stands

Garbage and recycling containers for temporary or permanent produce stands must be site-screened and made of sound-muffling material such as molded plastic.

Bellevue 20.25.525: Mechanical equipment

Exposed mechanical equipment should be visually screened by a solid, non-reflective visual barrier that equals or exceeds the height of the mechanical equipment.

Bellevue 20.25F.040: Site and design requirements

Outdoor Storage:

A.   The outdoor storage of materials, products or vehicles is not permitted in the Evergreen Highlands Design District. Outdoor storage of vehicles does not apply to accessory parking areas or vehicles stored pursuant to the Land Use Code on residential lots. B.   Garbage and trash receptacle screening shall be of a material and design compatible with the associated structure and shall be at least as high as the receptacle.  

Seattle 23.50.016: Landscaping standards on designated streets

A.   Street Trees. Street trees are required along designated street frontages. Street trees shall be provided in the planting strip according to Seattle Department of Transportation Tree Planting Standards. B.   Exceptions to Street Tree Requirements. a.   Street trees required by subsection A of this section may be located on the lot at least two feet (2') from the street lot line instead of in the planting strip when:

i.   Existing trees and/or landscaping on the lot provide improvements substantially equivalent to those required in this section.

ii.   It is not feasible to plant street trees according to City standards. A five-foot (5') deep landscaped setback area shall be required along the street property lines and trees shall be planted there. If an on-site landscaped area is already required, the trees shall be planted there if they cannot be placed in the planting strip.

iii.   Continuity of landscaping on adjacent properties along the street front is desirable. b.   Street trees shall not be required for an expansion of less than two thousand five hundred (2,500) square feet. Two (2) street trees shall be required for each additional one thousand

(1,000) square feet of expansion. The maximum number of street trees shall be controlled by Seattle Department of Transportation standard. Rounding, per Section 23.86.002 B, shall not be permitted. c.   Street trees shall not be required when a change of use is the only permit requested. d.   Street trees shall not be required for an expansion of a surface parking area of less than twenty percent (20%) of parking area or number of parking spaces. C.   Screening. All outdoor storage areas used for storage for recyclable materials, and outdoor manufacturing, repairing, refuse compacting or recycling activities, shall provide view-obscuring screening along street lot lines unless the outdoor storage or outdoor activities are located at least 15 feet above or below the elevation of the street lot line. If other provisions applicable to the lot require more extensive landscaping or screening provisions, the more extensive provisions apply.

Seattle 23.50.040: Industrial General - Screening and landscaping for specific uses

Solid waste transfer stations. •   All solid waste transfer stations shall provide landscaping

meeting a minimum Green Factor score of 0.40, pursuant to Section 23.86.019. If the transfer station is part of a development located on separate parcels within 200 feet of each other, Green Factor scoring may be calculated for the multiple parcels considered as a whole. If the parcels are in zones having different Green Factor minimum scores, the development considered as a whole shall meet the highest applicable, minimum Green Factor score.

•   When a solid waste transfer station is abutting or across the street from a lot in a commercial or residential zone, screening is required pursuant to subsection 23.50.034.B.

Fences or free-standing walls associated with utility services uses may obstruct or allow views to the interior of a site. Where site dimensions and site conditions allow, applicants are encouraged to provide both a landscaped setback between the fence or wall and the right-of-way, and a fence or wall that provides visual interest facing the street lot line, through the height, design or construction of the fence or wall, including the use of materials, architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features. If abutting or across the street from a lot in a residential, commercial, or downtown zone, fences or free-standing walls for a utility services use must provide either: •   A 5-foot-deep landscaped area between the wall or fence

and the street lot line; or •   Architectural detailing, artwork, vegetated trellises,

decorative fencing, or similar features to provide visual interest facing the street lot line, as approved by the Director.

Olympia 8.033: Site Enclosure

Site enclosure requirements will be determined on a case-by-case basis, taking into account the planned collection site and surrounding environment.

If the site enclosure is required, it will meet the following:

A.   Refuse site enclosure will be made of wood, concrete blocks, or chain link fence with horizontal or vertical blinds or other approved material. B.   Enclosures shall be designed with at least 50 percent of their volumetric capacity designated to recycling/diversion. As an alternative, separate enclosures could be constructed for each waste stream. C.   Gates are only required where the waste receptacle will be visible from a public right-of-way. D.   Refuse site enclosure will require both landscaping and wall or fence at least 6 feet in height on three sides of the refuse site. E.   Minimum available clear width of the gate opening will be 12 feet. F.   Refuse/recycling site enclosure gates shall have locks/stops (J hooks) in both the open and closed positions. J-hook stops must attach to the ground to hold gate in fully opened position to prevent truck and/or gate damage. G.   Refuse site enclosure gate hinges will be located on the outside exterior walls. Gates will swing out a minimum of 110×from the closed position, so that the collection vehicle does not scrape mirrors or cause damage to the enclosure or truck. H.   Gate bollards shall be used where opened gates might hit parked cars, or cause other property damage. I.   8-inch wide by 2-inch thick dumpster bumpers will be anchored on the pad immediately adjacent to all three inside walls of the enclosure to prevent the dumpster from contacting the walls. J.   Refuse site enclosures are to remain free of all other materials that would interfere with the collection or collection vehicle while providing service. Floor will be kept clean and free of grease, oil, and other trip or slip hazards. Dumpster will not be serviced until such situation is remedied. K.   Enclosure shall be located and configured such that the Waste Resources/recycling collection vehicle can approach, dump and replace the container with NO MANUAL MANEUVERING of the container by the driver. L.   City of Olympia Waste Resources will provide a lock to ensure City access to enclosures.

Appendix B: Solid Waste Collection & Outdoor Storage Area Requirements

Jurisdiction Code Requirement

Bellevue 20.20.725: Recycling and solid waste collection areas

All new development for multifamily housing exceeding four units, commercial, office, and manufacturing uses shall provide on-site collection areas for recyclable materials and solid wastes, as those terms are used in Chapter 9.26 of Bellevue’s City Code (BCC), as follows:

•   The recycling and solid waste collection areas shall be accessible to residents and/or workers of the proposed development;

•   There shall be at least one solid waste collection area provided in each development;

•   There shall be one recycling collection area per 30 dwelling units in multifamily complexes;

•   If feasible, the recycling collection area shall be located adjacent to or near the solid waste collection areas; and

•   Each recycling and solid waste collection area shall be visually screened in accordance with 20.25.525: Mechanical equipment.

Recycling collection areas shall be at least:

•   One and one-half square feet per dwelling unit in multifamily developments exceeding four units;

•   Two square feet per 1,000 gross square feet in office developments;

•   Five square feet per 1,000 gross square feet in retail development;

•   Three square feet per 1,000 gross square feet in wholesale, warehouse and manufacturing development; and

•   The Director of the Development Services Department shall establish the square footage requirement for all unspecified uses.

Seattle 21.36.080: Placement of containers

A.   All containers for backyard collection shall be placed by the occupant in a convenient, accessible location as near as practicable to the approximate rear of the building

or near the alley, upon the ground level or ground floor, or in a sturdy rack not over fourteen (14) inches above such level or floor, except that sunken cans may be below the ground level. Where no other suitable area is available, containers may be placed at a location selected by the customer and the Director of Seattle Public Utilities. Containers for curbside/alley collection shall be placed as follows:

a.   From properties with level planting strips, in the planting strip or driveway within one (1) yard of the curb;

b.   From properties with alleys of sufficient width, in the alley or within one (1) yard of the alley gate if the gate is within one (1) yard of the alley;

c.   From properties with sidewalks but not planting strips, on the owner's property, within one (1) yard of the sidewalk, if level;

d.   When the foregoing location slopes at a grade making placement of a container difficult, the nearest reasonable level area; and

e.   If the premises has no sidewalk or planting strip, dense shrubbery or extraordinary circumstances preclude such a location, from a placement suitable to the customer and convenient to the collection contractor.

B.   Containers shall not be placed on the sidewalk or in the planting strip or the alley for collection until a reasonable time prior to collection. Containers shall be removed within a reasonable time thereafter.

C.   Detachable containers may be stored within a building but shall be readily accessible for servicing without unnecessary delay or special collection equipment.

Seattle 23.47A.014: Setback Requirements

A.   Definition. For the purposes of this Section 23.47A.014, "portions of structures" include those features listed in subsection 23.47A.012.C, Rooftop features.

B. Setback requirements for lots abutting or across the alley from residential zones.

1.   A setback is required where a lot abuts the intersection of a side lot line and front lot line of a lot in a residential zone. The required setback forms a triangular area. Two sides of the triangle extend along the street lot line and side lot line 15 feet from

the intersection of the residentially zoned lot's front lot line and the side lot line abutting the residentially zoned lot. The third side connects these two sides with a diagonal line across the commercially-zoned lot (Exhibit A for 23.47A.014).

2.   A setback is required along any rear or side lot line that abuts a lot in a residential zone, as follows:

a.   Ten feet for portions of structures above 13 feet in height to a maximum of 65 feet; and

b.   For each portion of a structure above 65 feet in height, additional setback at the rate of 1 foot of setback for every 10 feet by which the height of such portion exceeds 65 feet.

3.   For a structure containing a residential use, a setback is required along any side or rear lot line that abuts a lot in a residential zone or that is across an alley from a lot in a residential zone, as follows:

.   Fifteen feet for portions of structures above 13 feet in height to a maximum of 40 feet; and

a.   For each portion of a structure above 40 feet in height, additional setback at the rate of 2 feet of setback for every 10 feet by which the height of such portion exceeds 40 feet

4.   One-half of the width of an abutting alley may be counted as part of the required setback. For the purpose of this Section, 23.47A.014, the alley width and the location of the rear lot line shall be determined prior to any dedication that may be required for alley improvement purposes.

5.   No entrance, window, or other opening is permitted closer than 5 feet to an abutting residentially-zoned lot.

C. A minimum five (5) foot landscaped setback may be required under certain conditions and for certain uses according to Section 23.47A.016, Screening and landscaping standards.

D. Mobile Home Parks. A minimum five (5) foot setback is required along all street lot lines of a mobile home park. The setback must be landscaped according to the provisions of Section 23.47A.016 D2.

E. Structures in Required Setbacks.

1.   Decks and balconies.

a.   Decks with open railings may extend into the required setback, but are not permitted within five (5) feet of a lot in a residential zone, except as provided in subsection E1b.

b.   Decks that are accessory to residential uses and are no more than eighteen (18) inches above existing or finished grade, whichever is lower, are permitted within five (5) feet of a lot in a residential zone.

2.   Eaves, cornices and gutters projecting no more than eighteen (18) inches from the structure facade are permitted in required setbacks.

3.   Ramps or other devices necessary for access for the disabled and elderly, which meet Seattle Building Code, Chapter 11, are permitted in required setbacks.

4.   Uncovered, unenclosed pedestrian bridges, necessary for access and less than five (5) feet in width, are permitted in required setbacks.

5.   Fences, bulkheads, freestanding walls and other similar structures.

.   Fences, freestanding walls and other similar structures six (6) feet or less in height above existing or finished grade, whichever is lower, are permitted in required setbacks. The six (6) foot height may be averaged along sloping grade for each six (6) foot long segment of the fence, but in no case may any portion of the fence exceed eight (8) feet.

a.   Bulkheads and retaining walls used to raise grade may be placed in any required setback when limited to six (6) feet in height, measured above existing grade. A guardrail no higher than forty-two (42) inches may be placed on top of a bulkhead or retaining wall existing as of the date of the ordinance codified in this section. If a fence is placed on top of a new bulkhead or retaining wall, the maximum combined height is limited to nine and one-half (9 ½) feet.

b.   Bulkheads and retaining walls used to protect a cut into existing grade may not exceed the minimum height necessary to support the cut or six (6) feet, whichever is

greater. When the bulkhead is measured from the low side and it exceeds six (6) feet, an open guardrail of no more than forty-two (42) inches meeting Building Code requirements may be placed on top of the bulkhead or retaining wall. A fence must be setback a minimum of three (3) feet from such a bulkhead or retaining wall.

6.   Setback requirements do not limit underground structures.

7.   Detached solar collectors are permitted in required setbacks. Such collectors may be no closer than five (5) feet to any other principal or accessory structure, and no closer than three (3) feet to any lot line that abuts a residentially zoned lot.

8.   Dumpsters and other trash receptacles, except for trash compactors, located outside of structures are not permitted within ten (10) feet of any lot line that abuts a residential zone and must be screened per the provisions of Section 23.47A.016.

F. Setback requirement for loading adjacent to an alley. Where access to a loading berth is from the alley, and truck loading is parallel to the alley, a setback of 12 feet is required for the loading berth, measured from the centerline of the alley (Exhibit D for 23.47A.014. This setback must be maintained up to a height of 12 feet.

G. A setback may be required in order to meet the provisions of Section 23.53.015, Improvement requirements for existing streets in residential and commercial zones, and Section 23.53.030, Alley improvements in all zones.

Seattle 23.49.025 - Odor, noise, light/glare, and solid waste recyclable materials storage space standards

A.   The venting of odors, fumes, vapors, smoke, cinders, dust, and gas shall be at least 10 feet above finished sidewalk grade, and directed away from residential uses within 50 feet of the vent.

a.   Major odor sources: Uses that employ the following odor-emitting processes or activities are considered major odor sources: lithographic, rotogravure or flexographic printing, film burning; fiberglassing, selling of gasoline and/or storage of gasoline in tanks larger than 260 gallons, handling of heated tars and asphalts, incinerating (commercial), metal plating, use of boilers (greater than 106 British thermal units per hour, 10,000 pounds steam per

hour, or 30 boiler horsepower) and other uses creating similar odor impacts.

b.   Uses that employ the following processes are considered major odor sources, unless the entire activity is conducted as part of a commercial use other than food processing or heavy commercial services: cooking of grains; smoking of food or food products; fish or fishmeal processing; coffee or nut roasting; deep fat frying; dry cleaning; and other uses creating similar odor impacts.

c.   Review of Major Odor Sources. When an application is made for a use which is a major odor source, the Director, in consultation with the Puget Sound Clean Air Agency (PSCAA), shall determine the appropriate measures to be taken by the applicant in order to significantly reduce potential odor emissions and airborne pollutants. The measures to be taken shall be specified on plans submitted to the Director, and may be required as conditions for the issuance of any permit. After a permit has been issued, any measures that were required by the permit shall be maintained.

B.   Noise standards.

.   All food processing for human consumption, custom and craft work involving the use of mechanical equipment, and light manufacturing activities shall be conducted wholly within an enclosed structure.

a.   The following uses or devices are considered major noise generators: light manufacturing uses, auto body, boat and aircraft repair shops and other similar uses.

b.   When a major noise generator is proposed, a report from an acoustical consultant shall be required to describe the measures to be taken by the applicant in order to meet noise standards for the area. Such measures may include, for example, the provision of buffers, reduction in hours of operation, relocation of mechanical equipment, increased setbacks, and use of specified construction techniques or building materials. Measures to be taken shall be specified on the plans. After a permit has been issued, any measures that are required by the permit to limit noise shall be maintained.

C.   Lighting and glare.

.   Exterior lighting shall be shielded and directed away from adjacent uses.

a.   Interior lighting in parking garages shall be shielded, to minimize nighttime glare affecting nearby uses.

D.   The standards of Section 23.54.040 for solid waste and recyclable materials storage space shall be met.

Olympia 8.032: Pad Size and Site Configuration

If dumpsters or drop boxes with compactors are selected, concrete pads will be constructed with 4-inch-thick, Class 3000 cement. The sizes of the concrete pads for enclosures can be found in Table 2. The pad sizes for the privately owned compactors will be evaluated on a case-by-case basis.

Refuse/recycling sites and pads will be sloped to provide positive drainage. The slope will not exceed 0.005 ft/ft (1/16-inch per foot) in any direction. The site and pad drainage slope will provide easy passage by collection vehicles and crews.

Portland 17.102.290 Storing Solid Waste, Recycling or Compostable Containers in the Right of Way Prohibited.

A.   No person may store, or cause to be stored, containers of solid waste, recycling or compostables in public right-of-way without a permit from the City Engineer, the City Traffic Engineer, or the Bureau of Planning and Sustainability. For the purposes of this Section, storage means leaving containers in the right of way for more than 2 hours either before or after collection during normal business hours. If collection occurs after normal business hours, containers may be placed in the right of way at the close of business but must be removed from the right of way by the start of the following business day or within 24 hours of set out, whichever occurs first.

B.   The Director may provide exemptions from Subsection A. for extreme economic hardship. Criteria for eligibility shall be based upon such factors as financial hardship for the property or business owner, conditions related to the property and resources necessary to provide adequate on-site, interior storage space for garbage and recycling containers. Exempted property shall be subject to the requirements of this Section following the termination of the hardship exemption. Exemptions shall be for no more than two years. Exemptions may be renewed upon reapplication by the property owner or business owner, after a re-evaluation of eligibility by the Director. Exemptions shall be personal to the property or business owner, and shall

not be assignable, transferable or otherwise be conveyable. Exempted property shall be subject to the requirements of Subsection A. following expiration of any hardship exemption granted by the Director.

C.   The Director shall develop administrative rules and procedures for determining extreme economic hardships under Subsection B., using the process under Section 17.102.030. The Director shall also adopt standards for space requirements for storage of containers of solid waste, recycling or compostables in new construction and when major alterations are made to existing buildings.

D.   The Bureau of Planning and Sustainability may charge fees to business and property owners who apply for an extreme economic hardship exemption to recover costs of administering the exemption program. All fees are stated in the Fee Schedule adopted by City Council. Fees will be updated on an as needed basis. The approved Fee Schedule is available through the Bureau of Planning and Sustainability.

E.   Denial of a request for exemption for extreme economic hardship may be appealed to the Code Hearings Officer in accordance with procedures set for in Chapter 22.10.

a.   Any person requesting an appeal to the Code Hearings Office may be assessed a fee of up to $500 at the time of their application. Failure to submit full payment of appeal fee within the time allowed to request an appeal hearing shall result in the denial of the request for an appeal hearing.

b.   If the Code Hearings Officer decides in favor of the appellant at the Code Hearing, the submitted appeal fee shall be refunded in full to the appellant.