Des Moines City Zoning Code
Division II
SUPPLEMENTAL CONDITIONS FOR SPECIFIC USE
§ 18.150.010 Title.
This section shall be entitled "Supplemental Conditions for Specific Uses." This chapter shall be entitled "Keeping of Animals in Residential Zones."
(Ord. 1591 § 331, 2014)
§ 18.150.020 Application.
This chapter applies to the keeping of animals in any zone where a dwelling unit is permitted; provided, that with respect to Suburban Estate Zones found in chapter 18.85 DMMC this chapter is intended to supplement the provisions contained therein, and any conflict between this chapter and chapter 18.85 DMMC shall be resolved in favor of chapter 18.85 DMMC; and provided further, that this chapter is intended to supplement the provisions of DMMC § 18.52.010A(28) (related to the keeping of horses or cattle) and any conflict between this chapter and DMMC § 18.52.010A(28) shall be resolved in favor of this chapter; and provided further, that the keeping of animals is forbidden in Commercial Zones except as otherwise specifically permitted.
(Ord. 1591 § 332, 2014)
§ 18.150.030 Purpose.
The limitations on keeping of animals in Residential Zones contained in this chapter have the following purposes:
(1)
To maintain the general health and sanitation of the City;
(2)
To maintain the character of residential neighborhoods within the City; and
(3)
To minimize any nuisances which may result from the keeping of animals.
(Ord. 1591 § 333, 2014)
§ 18.150.040 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 § 334, 2014)
§ 18.150.050 Types of animals regulated.
Animals are regulated according to the following categories. The expression "adult animal" refers to any animal that has attained the age of 90 days.
(1)
Household Pets. The following adult animals are regulated as household pets:
(a)
Three dogs or fewer per dwelling unit;
(b)
Three cats or fewer per dwelling unit;
(c)
Three rabbits or fewer per dwelling unit;
(d)
Two miniature potbellied pigs per dwelling unit;
(e)
In combination, no more than three of the following animals: dogs, cats, miniature potbellied pigs, or rabbits per dwelling unit;
(f)
Gerbils;
(g)
Guinea pigs;
(h)
Hamsters;
(i)
Mice;
(j)
Cage birds;
(k)
Tank fish;
(l)
Nonvenomous reptiles and amphibians; and
(m)
Other animals normally associated with a dwelling unit, and that are generally housed within the dwelling unit.
(2)
Small Domestic Animals. The following adult animals are regulated as small domestic animals:
(a)
More than three dogs per dwelling unit;
(b)
More than three cats per dwelling unit;
(c)
More than three rabbits per dwelling unit;
(d)
More than two miniature potbellied pigs per dwelling unit;
(e)
In combination, more than three of the following animals: dogs, cats, miniature potbellied pigs, or rabbits per dwelling unit; and
(f)
Fowl.
(3)
Large Domestic Animals. The following adult animals are regulated as large domestic animals:
(a)
Horses;
(b)
Cattle;
(c)
Sheep;
(d)
Pigs;
(e)
Goats; and
(f)
Other grazing or foraging animals.
(4)
Bees.
(Ord. 1591 § 335, 2014)
§ 18.150.060 Minimum requirements – Additional controls authorized when.
DMMC § 18.150.070 through § 18.150.100 constitute the minimum requirements for the keeping of animals in the City. Nothing contained in DMMC § 18.150.070 through § 18.150.100 shall limit the authority of the City Manager or the City Manager's designee to require additional controls if, in his judgment, additional controls are needed to effect the purposes of this chapter. Further, nothing contained in DMMC § 18.150.070 through § 18.150.100 shall relieve a keeper of animals from compliance with any other City, county, or state law regulating the keeping of animals. The City Manager or the City Manager's designee is authorized to delegate his review authority.
(Ord. 1591 § 336, 2014)
§ 18.150.070 Household pet requirements.
Minimum requirements for the keeping of household pets are as follows:
(1)
Required procedure: none;
(2)
Application information: none;
(3)
Maximum number of adult animals per one dwelling unit:
(a)
Dogs: three;
(b)
Cats: three;
(c)
Rabbits: three;
(d)
Miniature potbellied pigs: two;
(e)
In combination, a total number of dogs, cats, miniature potbellied pigs, or rabbits: three;
(f)
Other: no maximum;
(4)
Minimum lot size: As required by general zoning regulations;
(5)
Minimum setback: None;
(6)
Special regulations and requirements: Household pets, excluding dogs, cats, rabbits, and miniature potbellied pigs shall be housed within the dwelling unit. If housed outside of the dwelling units, household pets excluding dogs, cats, rabbits, and miniature potbellied pigs are regulated as small domestic animals.
(Ord. 1591 § 337, 2014)
§ 18.150.080 Small domestic animal requirements.
Minimum requirements for the keeping of small domestic animals are as follows:
(1)
Required Procedure. City Manager or the City Manager's designee review;
(2)
Application Information.
(a)
A site plan indicating the location of the dwelling units, and structure used to house the animals, and any roaming or grazing area;
(b)
A vicinity map indicating the type of use on property abutting the subject property and the location of any structures on abutting property;
(c)
The type and number of animals to be kept by the applicant;
(3)
Maximum number of adult animals per one dwelling unit: 10 per 22,000 square feet, plus an additional five adult animals for each 11,000 square feet of lot size;
(4)
Minimum lot size: 22,000 square feet per dwelling unit;
(5)
Minimum Setback. Any structure or enclosure used to house animals must be at least 35 feet from a property line and at least 45 feet from any dwelling unit located on an adjacent lot. Any "run" or animal exercise area must be at least 20 feet from any property line, and at least 30 feet from any dwelling unit located on an adjacent lot, and shall be constructed to effect these setbacks;
(6)
Special Regulations and Requirements.
(a)
The City may limit the number of animals allowed to less than the maximum considering:
(i)
Proximity to dwelling units both on and off the subject property;
(ii)
Lot size and isolation;
(iii)
Compatibility with surrounding uses;
(iv)
Potential noise impacts;
(b)
The applicant must provide a suitable structure to house the animals, and must maintain that structure in a clean condition;
(c)
If an abutting property owner files a signed and notarized statement in support of the request, the City may permit a "run" or exercise area to extend to the property line in common with the abutting property. Such release shall be effective until revoked in writing by the abutting property owner and the City;
(7)
Screening. The City may require screening to mitigate financial, health, and aesthetic impacts on adjacent residential property when such residential property is used for residential purposes. The screening shall consist of a solid wall, a view-obscuring fence or hedge not less than five feet nor more than six feet in height, which will be erected and maintained on any exterior boundary that is common with property used for residential purposes, or shall consist of predominantly view-obscuring evergreen shrubs and trees of a type, number, location, height, and size approved by the City.
(Ord. 1591 § 338, 2014)
§ 18.150.090 Large domestic animal requirements.
Minimum requirements for the keeping of large domestic animals are as follows:
(1)
Required Procedure. City Manager or the City Manager's designee review;
(2)
Application Information.
(a)
A site plan indicating the location of the dwelling units, and structure used to house the animals, and any roaming or grazing area;
(b)
A vicinity map indicating the type of use on property abutting the subject property and the location of any structures on abutting property;
(c)
The type and number of animals to be kept by the applicant;
(3)
Maximum number of adult animals per one dwelling unit: one per 35,000 square feet and one per each additional 17,500 square feet;
(4)
Minimum lot size: 35,000 square feet per dwelling unit;
(5)
Minimum Setback. Any structure or enclosure used to house animals must be at least 35 feet from a property line and at least 45 feet from any dwelling unit located on an adjacent lot. Roaming or grazing areas must be at least 20 feet from any property line, and at least 30 feet from any dwelling unit located on an adjacent lot, and shall be constructed to effect these setbacks;
(6)
Special Regulations and Requirements.
(a)
If an abutting property owner files a signed and notarized statement in support of the request, the City may permit roaming or grazing areas to extend to the property line in common with the abutting property. Such release shall be effective until revoked in writing by the abutting property owner and the City;
(b)
The City may limit the number of animals allowed to less than the maximum considering:
(i)
Proximity to dwelling units both on and off the subject property;
(ii)
Lot size and isolation;
(iii)
Compatibility with surrounding uses;
(iv)
Potential noise impacts;
(c)
The applicant must provide a suitable structure to house the animals, and must maintain that structure in a clean condition;
(7)
Screening. The City may require screening to mitigate financial, health, and aesthetic impacts on adjacent residential property when such residential property is used for residential purposes. The screening shall consist of a solid wall, a view-obscuring fence or hedge not less than five feet nor more than six feet in height, which will be erected and maintained on any exterior boundary that is common with property used for residential purposes, or shall consist of predominantly view-obscuring evergreen shrubs and trees of a type, number, location, height, and size approved by the City.
(Ord. 1591 § 339, 2014)
§ 18.150.100 Bee requirements.
Minimum requirements for the keeping of bees are as follows:
(1)
Required Procedure. City Manager or the City Manager's designee review;
(2)
Application Information. Show compliance with subsections (4), (5) and (6) of this section;
(3)
Maximum number of adult animals per one dwelling unit: no maximum;
(4)
Minimum lot size: 12,500 square feet per dwelling unit;
(5)
Minimum Setback. Hive must be at least 20 feet from a property line;
(6)
Special Regulations and Requirements.
(a)
A hive must be enclosed by a fence, at least four feet high;
(b)
The applicant must install at least two signs, measuring two square feet each, which provide notice and warning of the hive;
(7)
Screening. The City may require screening to mitigate financial, health, and aesthetic impacts on adjacent residential property when such residential property is used for residential purposes. The screening shall consist of a solid wall, a view-obscuring fence or hedge not less than five feet nor more than six feet in height, which will be erected and maintained on any exterior boundary that is common with property used for residential purposes, or shall consist of predominantly view-obscuring evergreen shrubs and trees of a type, number, location, height, and size approved by the City.
(Ord. 1591 § 340, 2014)
§ 18.150.110 Notification to nearby property owners required when.
In order to give all interested parties an opportunity to avail themselves of the appellate procedure contained in DMMC § 18.20.170, the following procedure shall be followed in applications for small domestic animals, large domestic animals, and bee review. The applicant shall give notice of the pending application to all property owners within 300 feet of the applicant's property in the same manner as that required for a zoning amendment. Thereafter, the City Manager or the City Manager's designee shall give notice of his decision to any such property owner who has previously requested such notification in writing.
(Ord. 1591 § 341, 2014)
§ 18.150.120 Modification of regulations – City Manager or the City Manager's designee authority.
The City Manager or the City Manager's designee shall have authority, either at the request of a property owner or on his own initiative, to modify any approval granted pursuant to this chapter if conditions on adjacent lots have substantially changed and the City Manager or the City Manager's designee concludes such modifications are necessary to effect the purposes of this chapter.
(Ord. 1591 § 342, 2014)
§ 18.155.010 Title.
This chapter shall be entitled "Multifamily Recreation Areas."
(Ord. 1591 § 343, 2014)
§ 18.155.020 Application.
This chapter shall apply to all multifamily residential developments within the jurisdiction of the City.
(Ord. 1591 § 344, 2014)
§ 18.155.030 Purpose.
This chapter is intended to provide recreation areas for residents of multifamily developments, to separate such areas from automobile-oriented areas, and to enhance the quality of multifamily residential developments, thus promoting the public health, safety, and welfare of the community of Des Moines.
(Ord. 1591 § 345, 2014)
§ 18.155.040 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 § 346, 2014)
§ 18.155.050 Minimum area required.
(1)
Common Recreation Areas. Each multifamily building or complex of four or more units shall provide a minimum area of 200 square feet of common recreation space per dwelling unit, including those used by the owner or building management personnel. The common recreation area(s) shall be available to all residents of the building/complex. Not more than 50 percent of the required recreation area shall be indoors. Common recreation areas shall include fixtures and facilities, as approved by the Planning, Building and Public Works Director, that promote passive and/or active recreational activities.
(2)
Private Recreation Areas. A minimum of 60 square feet of private outdoor recreation area shall be provided for each dwelling unit. The minimum dimension of any private recreation area shall be six feet. Required private recreation areas shall be adjacent to, and directly accessible from, the corresponding dwelling unit.
(Ord. 1591 § 347, 2014)
§ 18.155.060 Play space for preadolescent children.
At least 50 percent of the required common recreation area shall be designed and improved as play space for preadolescent children. For the purposes of this chapter, "play spaces for preadolescent children" mean environments designed to support and suggest activities that are an essential part of a child's learning and development (social, emotional, cognitive, and physical). Each play space shall include at least two play equipment fixtures, and at least one adult seating area as approved by the Planning, Building and Public Works Director. Play equipment fixtures include, but are not limited to, sand boxes, slides, swing sets, cargo net play equipment, horizontal overhead ladders, and similar features. All play areas and equipment shall conform to the design, installation, and maintenance guidelines described in the King County Division of Parks and Recreation "Play Area Design and Inspection Handbook." Planning, Building and Public Works Director may approve a reduction in the percentage of common recreation area that must be designed and improved as play space for children where the applicant can demonstrate to the Director's satisfaction that few or no children will reside in the development. In considering approval of such reduction, the Director may consider items such as:
(1)
Number of bedrooms per dwelling unit, and the total number of bedrooms proposed;
(2)
Location of the development site; and
(3)
Availability of nearby public play space for children.
(Ord. 1591 § 348, 2014)
§ 18.155.070 General provisions.
(1)
Where the required common area is less than 3,000 square feet, the common outdoor space shall be concentrated in one area. The common recreation area shall be at least 25 feet in width. Where the required common area is 3,000 square feet or more, the space may be divided among multiple areas; provided, that at least one recreation area is a minimum of 2,000 square feet in area with a minimum width of 25 feet. All other areas shall be at least 1,000 square feet in area with a minimum width of 10 feet.
(2)
No part of a required recreation area may be used for driveways, parking, or other vehicular use. Adequate fence and plant screening, as approved by the Planning, Building and Public Works Director, shall separate outdoor recreation areas from vehicular areas.
(3)
Required recreation areas may not be located in undevelopable buffer areas required in chapter 16.10 DMMC.
(4)
The required front yard area shall not be counted toward satisfying the common recreation area requirement. The side and rear yard areas may be counted toward recreation area requirements if the design satisfies the purpose and intent of this chapter, without resulting in adverse impacts upon nearby properties. Active recreation areas are not permitted where the activity would adversely impact required on-site landscaping.
(5)
Unless otherwise approved by the Planning, Building and Public Works Director, required play spaces for children shall be accessible from all on-site dwellings by pedestrian paths separate from vehicular areas.
(6)
The provisions of DMMC § 18.155.060 shall not apply to senior citizen housing developments, such as continuing care retirement communities, nursing homes, respite care facilities, and retirement housing developments, and other developments not required by law to accept children as residents.
(7)
The required private and common recreation areas shall be designated on development plans reviewed by the Planning, Building and Public Works Department. The property owners and/or responsible parties shall maintain the required recreation areas for the life of the project.
(8)
A subdivision or planned unit development containing several multifamily residential lots, and multifamily developments which are built in phases, shall provide on-site recreation facilities for each phase or shall provide the total amount of required recreation area in the first phase of construction.
(Ord. 1591 § 349, 2014)
§ 18.155.080 In-lieu cash contribution.
Where the size of the development site is insufficient to provide a quality common recreation area, or the improvement of City park facilities in the vicinity will be of greater benefit to the residents of the proposed dwellings, the Planning, Building and Public Works Director may allow the applicant to make a voluntary payment to the City in lieu of providing the required on-site common recreation facilities. Acceptance of such a voluntary contribution is discretionary on the part of the City. Such payments shall be placed in a neighborhood park fund to be used for capital improvements in existing parks, or for the development of new parks in the vicinity of the development site. The administration of in-lieu contributions, including any refund of the contribution, shall comply with the provisions of chapter 82.02 RCW as hereafter amended. The amount of payment shall be based upon the current assessed value (as determined by the County Assessor) of the entire development site. The amount of in-lieu contribution shall be as follows:
Required common recreation area minus (-) |
provided common recreation area equals (=) X |
X/site area = Y |
Assessed value multiplied by Y = In-lieu contribution |
(Ord. 1591 § 350, 2014)
§ 18.155.090 King County Division of Parks and Recreation Play Area Design and Inspection Handbook.
Pursuant to RCW 35.21.180 the King County Division of Parks and Recreation "Play Area Design and Inspection Handbook," including all subsequent revisions, is adopted by reference. A current copy of the King County Division of Parks and Recreation "Play Area Design and Inspection Handbook" adopted by reference in this section shall be maintained on file in the office of the Planning, Building and Public Works Director and shall be available for public inspection.
(Ord. 1591 § 351, 2014)
§ 18.160.010 Title.
This chapter shall be entitled "Adult Entertainment Facility Zoning."
(Ord. 1591 § 352, 2014)
§ 18.160.020 Findings of fact.
(1)
The City Council is committed to protecting the general welfare of the City through the enforcement of laws prohibiting obscenity, indecency, and sexual offenses while preserving constitutionally protected forms of expression.
(2)
The City has made a detailed review of the national record, including studies from the cities of New York, Indianapolis, and Los Angeles, the police records of various cities, and court decisions regarding adult entertainment uses, including adult retail establishments. The City Council finds that adult entertainment uses, including adult retail establishments, require special supervision from public safety agencies in order to protect and preserve the health, safety, and welfare of the patrons and employees of said business as well as the citizens of the City.
(3)
The City Council finds that concerns about crime and public sexual activity generated and/or occurring within or near adult entertainment and adult retail establishments are legitimate, substantial and compelling concerns of the City which demand reasonable regulation.
(4)
The City Council finds that adult entertainment and adult retail establishments, due to their nature, have secondary adverse impacts upon the health, safety, and welfare of the citizenry through increases in crime and opportunity for spread of sexually transmitted diseases.
(5)
There is convincing documented evidence that adult entertainment and adult retail establishments have a detrimental effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, the downgrading of quality of life and property values and the spread of urban blight. Reasonable regulation of the location of these facilities will provide for the protection of the community, protect residents, patrons, and employees from the adverse secondary effects of such facilities.
(6)
The City recognizes that adult entertainment and adult retail establishments, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods, day care centers, religious facilities, public parks, schools, and public facilities open to families, such as post offices and medical clinics, and thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the establishments are minimized.
(7)
This chapter is intended to protect the general public health, safety, and welfare of the citizenry of the City through the regulation of the location of adult entertainment and adult retail establishments. The regulations set forth herein are intended to control health, safety, and welfare issues, the decline in neighborhood conditions in and around adult entertainment and adult retail establishments, and to isolate dangerous and unlawful conduct associated with these facilities.
(8)
It is not the intent of this chapter to suppress any speech activities protected by the First Amendment to the United States Constitution, or Article 1, Section 5 of the Washington State Constitution, but to enact content-neutral legislation which addresses the negative secondary impacts of adult entertainment and adult retail establishments.
(9)
It is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials.
(10)
The City Council, at its duly advertised public hearing on September 13, 2001, considered the subject matter of adult entertainment and adult retail establishments, at which public hearing the City Council received comments from the public on that subject matter, which the City Council believes to be true, and which, together with the findings heretofore set forth, form the basis for the adoption of the ordinance codified in this chapter.
(Ord. 1591 § 353, 2014)
§ 18.160.030 Adult entertainment facilities prohibited in certain areas.
Adult entertainment facilities, as defined in this Title, shall only be permitted within the PR-C Zone south of South 216th Street:
(1)
So long as such uses are located within a building that fronts Pacific Highway South and obtains its access exclusively from such highway; and
(2)
So long as such uses are located no less than 1,000 feet from the property lines of churches, common schools, day care centers, and public facilities, and 1,000 feet from any other adult entertainment or adult retail use. As used herein, the distances shall mean the straight-line distance between the edge or corner of the property on which the adult retail use is located to the nearest edge or corner of the property of the disqualifying site.
(Ord. 1591 § 354, 2014; Ord. 1644 § 1, 2016)
§ 18.160.040 Amortization of any nonconforming use.
Any adult entertainment, activity, use, or retail use located within the City limits on the effective date of the ordinance codified in this section that is made nonconforming by this chapter shall be terminated within one year; provided, however, that such termination date may be extended upon the approval of an application filed with the City within 120 days of the effective date of the ordinance codified in this section requesting an extension of such one-year amortization period. The decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to the effective date of the ordinance codified in this section, which precludes reasonable alternative uses of the subject property.
(Ord. 1591 § 355, 2014)
§ 18.160.050 Conflicts.
In the event of a conflict between this chapter and any other provision of this code, this chapter applies and supersedes.
(Ord. 1591 § 356, 2014)
§ 18.165.010 Title.
This chapter shall be entitled "Hazardous Substances."
(Ord. 1591 § 357, 2014)
§ 18.165.020 Application.
This chapter shall apply to the use and storage of all hazardous waste and substances in all zones of the City.
(Ord. 1591 § 358, 2014)
§ 18.165.030 Purpose.
This chapter is intended to regulate the use of hazardous substances.
(Ord. 1591 § 359, 2014)
§ 18.165.040 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 § 360, 2014)
§ 18.165.050 Hazardous substances in Residential Zones.
(1)
This section is applicable to chapters 18.55, 18.60, 18.65, 18.70, 18.75, 18.80, 18.85, 18.130 and 18.135, Pacific Ridge Zone, DMMC.
(2)
No use permitted in this chapter, with the exception of public utility and service facilities, shall store any hazardous substance, except that for the purposes of this chapter the following substances shall be exempt:
(a)
Heating oil stored in an underground tank sufficiently contained so as to preclude soil and ground water contamination;
(b)
Gasoline stored in an approved Underwriters' Laboratory container;
(c)
Prepackaged retail quantities of fertilizers, pesticides, and auto and home care products only for home and personal use.
(3)
Failure to comply with any of the requirements of this section shall be deemed a violation and shall result in enforcement by civil penalty as set forth in DMMC § 18.01.100 and § 18.01.120. Any person or business who fails to comply with the provisions of this chapter, or permits a violation to continue after receiving written notice of violation from the Planning, Building and Public Works Director, shall be deemed to be causing or permitting a public nuisance and shall be liable in an action for abatement filed by the City in Superior Court.
(Ord. 1591 § 361, 2014)
§ 18.165.060 Hazardous waste and hazardous substances in Commercial Zones.
(1)
This section is applicable to chapters 18.90, 18.95, 18.100, 18.105, 18.110, 18.115, 18.120, 18.125 and 18.135, Pacific Ridge Zone, DMMC.
(2)
Any use permitted by this section which involves the treatment or storage of hazardous waste or the use or handling of hazardous substances shall conform to the regulations contained in this section. In the event there is a conflict between the provisions of this section and any other provision of this chapter, the provisions of this section shall prevail.
(a)
Off-site hazardous waste facilities are prohibited.
(b)
On-site hazardous waste facilities are permitted as an accessory use only; provided, that the location of such facilities shall be consistent with siting criteria adopted or hereafter amended by the Department of Ecology under RCW 70.105.210 incorporated in this section by reference and that the transport, storage, containment, treatment, or disposal of such hazardous wastes shall be performed so as not to jeopardize the health and safety of any individual or harm the environment.
(c)
The use or handling of hazardous substances is permitted as an accessory use only; provided, that the transport, storage, containment, application and disposal of such hazardous substances shall be performed so as not to jeopardize the health and safety of any individual or harm the environment.
(d)
Violation – Civil Penalty, Revocation of Business License. Failure to comply with any of the requirements of this section shall result in enforcement by civil penalty as set forth in DMMC § 18.01.080 through § 18.01.100 and revocation of business license as set forth in DMMC § 5.04.060.
(e)
Violation – Abatement Authorized. Any person or business who fails to comply with the provisions of this chapter, or permits a violation to continue after receiving written notice of violation from the Planning, Building and Public Works Director, shall be deemed to be causing or permitting a public nuisance and shall be liable in an action for abatement filed by the City in Superior Court.
(Ord. 1591 § 362, 2014)
§ 18.165.070 Hazardous waste and hazardous substances in B-P and I-C Zones.
(1)
Prohibited Uses, Activities and Equipment. No use, activity, or equipment shall be permitted which creates a nuisance or is offensive, objectionable, or hazardous by reason of creation of odors, noise, sound, vibrations, dust, dirt, smoke, or other pollutants, noxious, toxic, or corrosive fumes or gases, radiation, explosion or fire hazard, or by reason of the generation, disposal, or storage of hazardous or dangerous wastes or materials.
(2)
Hazardous Waste and Hazardous Substances.
(a)
A use permitted by this chapter that involves hazardous waste storage or the use or handling of hazardous substances shall comply with all applicable regulations to include chapter 70.105 RCW, Hazardous Waste Management, and chapter 70.109D RCW, Hazardous Waste Cleanup – Model Toxics Control Act.
(b)
On-site hazardous waste disposal facilities shall be prohibited.
(c)
The use or handling of hazardous substances is permitted as an accessory use only; provided, that the transport, storage, containment, application, and disposal of such hazardous substances shall be performed so as not to jeopardize the health and safety of an individual or harm the environment.
(Ord. 1591 § 363, 2014)
§ 18.170.010 Title.
This chapter shall be entitled "Temporary Uses."
(Ord. 1591 § 364, 2014)
§ 18.170.020 Application.
This chapter shall apply to the temporary structures specifically described in this chapter.
(Ord. 1591 § 365, 2014)
§ 18.170.030 Purpose.
The purpose of this chapter is to allow certain temporary structures to accommodate storage, construction and residential requirements.
(Ord. 1591 § 366, 2014)
§ 18.170.040 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 § 367, 2014)
§ 18.170.050 Temporary construction buildings.
Temporary structures for the housing of tools and equipment, or containing supervisory offices in connection with construction projects may be established and maintained during the progress of such construction on such projects, and shall be abated within 30 days after completion of the project, or 30 days after cessation of work.
(Ord. 1591 § 368, 2014)
§ 18.170.060 Temporary real estate office.
One temporary real estate sales office may be located on any new subdivision in any zone; provided, the activities of such office shall pertain only to the initial selling of property within the subdivision upon which the office is located.
(Ord. 1591 § 369, 2014)
§ 18.170.070 Temporary use of trailer as residence.
After a building permit has been issued and a residence is in the process of being constructed, a trailer as defined in this Title may be located upon a site for the temporary use by the owner of such property as a residence for a period of six months; provided, such trailer remains mobile; and provided further, that a permit is obtained from the Planning, Building and Public Works Department to ensure compliance with this code as to yards and to local health department requirements. In cases where substantial progress is shown on the construction of the residence and additional time is needed to complete the work, a permit may be renewed for one additional six-month period. Upon the expiration of the permit, the use of the trailer as a residence shall be discontinued.
(Ord. 1591 § 370, 2014)
§ 18.170.080 Temporary homeless encampments.
(1)
Temporary Homeless Encampment Use Permit. Temporary homeless encampments are allowed pursuant to a temporary homeless encampment use permit, which shall be a Type I land use decision reviewed and issued pursuant to chapter 18.20 DMMC and the following conditions:
(a)
An application for a temporary homeless encampment use permit shall include a religious organization as a sponsor or managing agency and must be located on real property owned or controlled by the religious organization. The managing agency shall be responsible for complying with the following conditions:
(i)
The managing agency and temporary encampment sponsor shall submit a complete application for a temporary encampment permit at least 75 days before any occupancy by the temporary encampment;
(ii)
The managing agency shall ensure compliance with Washington State and City codes concerning but not limited to drinking water connections, human waste, solid waste disposal, electrical systems, and fire resistant materials;
(iii)
The managing agency shall take all reasonable and legal steps to obtain verifiable identification from prospective encampment residents and use the identification to obtain sex offender and warrant checks from the appropriate agency. All requirements by the Des Moines Police Department related to identified sex offenders or prospective residents with warrants shall be met; and
(iv)
The managing agency shall permit inspections by the City, South King County Fire and Rescue and/or health department to check compliance with the standards for temporary homeless encampments.
(b)
Site Requirements. All temporary homeless encampments shall comply with the following site requirements:
(i)
The encampment shall be located a minimum of 40 feet from the property line of abutting properties containing residential uses and 20 feet from commercial properties;
(ii)
Sight-obscuring fencing shall be required around the perimeter of the temporary homeless encampment unless the Planning, Building and Public Works Director determines that there is sufficient vegetation, topographic variation, or other site conditions such that fencing would not be needed;
(iii)
Exterior lighting shall be directed downward and contained within the temporary homeless encampment;
(iv)
Tents, membrane structures, or canopies in excess of 400 square feet as defined by the International Fire Code shall require a permit and approval from the fire marshal;
(v)
A designated smoking area shall be provided on site and in a location that results in the least impact on neighboring properties;
(vi)
Garbage and recycling containers shall be provided on site and collected and emptied a minimum of once per week and each site shall be cleared of all debris and litter within five days of when the temporary homeless encampment moves from the site;
(vii)
Temporary homeless encampments shall comply with all applicable standards of the Seattle-King County public health department; and
(viii)
Temporary homeless encampments shall not be located within 1,000 feet of an elementary or secondary school.
(c)
The maximum number of residents within a temporary homeless encampment is 100; however, this number may be limited as site conditions dictate and as deemed appropriate by South King County Fire and Rescue and/or the Des Moines Police Department.
(d)
Parking.
(i)
Parking for a minimum of five vehicles and vehicle maneuvering area shall be provided; and
(ii)
Parking of vehicles associated with a temporary homeless encampment, and the temporary homeless encampment itself, shall not displace the sponsor's off-street parking in such a way that the sponsor's site no longer meets the minimum required parking of the principal use as required by chapter 18.210 DMMC or previous approvals, unless an alternative parking plan is approved by the City Manager or the City Manager's designee.
(e)
Transportation Plan. A transportation plan shall be submitted with the permit application demonstrating:
(i)
Reasonable access to methods of communication and services such as groceries, supplies and medical care; and
(ii)
Access to public transit services and any alternative means of transportation such as private or volunteer shuttle service and reasonable bicycle and pedestrian paths.
(iii)
The temporary homeless encampment shall be located within one-half mile of transit service.
(f)
No children under 18 years of age are allowed in the temporary homeless encampment. If a child under the age of 18 attempts to stay at the temporary homeless encampment, the managing agency shall immediately contact the Washington State Department of Social and Health Services Child Protective Services.
(g)
No animals shall be permitted in encampments except for service animals.
(h)
A code of conduct is required to be enforced by the managing agency. The code shall contain the following as a minimum:
(i)
No illegal drugs or alcohol.
(ii)
No weapons.
(iii)
No violence.
(iv)
No open flames.
(v)
No loitering in the surrounding neighborhood.
(vi)
No trespassing into private property in the surrounding neighborhood is permitted.
(vii)
No littering on the temporary encampment site or in the surrounding neighborhood is permitted.
(viii)
No convicted sex offender shall reside in the temporary encampment.
(ix)
Quiet hours shall be from 7:00 p.m. to 7:00 a.m.
(i)
The Fire Department shall do an initial fire inspection and safety meeting at the inception of the temporary encampment.
(j)
Upon determination that there has been a violation of any condition of approval, the code official may give written notice to the permit holder describing the alleged violation. Within five days of the mailing of notice of violation, the permit holder shall show cause why the permit should not be revoked. At the end of the five-day period, the code official shall sustain or revoke the permit. When a temporary encampment permit is revoked, the code official shall notify the permit holder by certified mail of the revocation and the findings upon which revocation is based. Appeals of decisions to revoke a temporary encampment permit will be processed pursuant to chapter 36.70C RCW.
(2)
Temporary Homeless Encampment Frequency and Duration of Temporary Use. The City may not grant a temporary homeless encampment use permit to a religious organization or managing agency more frequently than once in every 365-day period. The City may only grant a temporary homeless encampment use permit for a specified period of time, not to exceed 92 days. Only one homeless encampment shall be permitted within the City in a 365-day period.
(3)
Notice Requirements for Temporary Homeless Encampments.
(a)
Applicability. The following notice requirements apply to all locations for temporary homeless encampments.
(b)
Public Meeting. A minimum of 14 calendar days prior to the anticipated start of the encampment, the sponsor and/or managing agency shall conduct a public informational meeting by providing mailed notice to owners of property within 1,000 feet of the subject property and residents and tenants adjacent to the subject property. The purpose of the meeting is to provide the surrounding community with information regarding the proposed duration and operation of the temporary homeless encampment, conditions that will likely be placed on the operation of the temporary homeless encampment, requirements of the written code of conduct, and to answer questions regarding the temporary homeless encampment.
(c)
A notice of application for temporary homeless encampment shall be provided prior to the Planning, Building and Public Works Director's decision. The purpose of the notice is to inform the surrounding community of the application. Due to the administrative and temporary nature of the permit, there is no comment period. The notice shall contain at a minimum the date of application, project location, proposed duration and operation of the temporary homeless encampment, conditions that will likely be placed on the operation of the temporary homeless encampment, requirements of the written code of conduct, and how to get more information (i.e., City website). The Planning, Building and Public Works Department shall distribute this notice as follows:
(i)
The notice, or a summary thereof, will be published in the official newspaper of the City at least seven calendar days prior to the Planning, Building and Public Works Director's decision.
(ii)
Additional Mailed Notice. The requirements for mailed notice of the application set forth in DMMC § 18.20.130(5) shall be expanded to include owners of real property within 1,000 feet of the project site. Prior to the decision of the Director on a temporary encampment permit, the encampment managing agency or sponsor shall meet and confer with the administration of any public or private elementary, middle, junior high or high school within 1,000 feet of the boundaries of the proposed temporary encampment site, and shall meet and confer with the operators of any known child care service within 1,000 feet of the boundaries of the proposed temporary encampment site. The managing agency or sponsor and the school administration and/or child care service operator shall make a good faith effort to agree upon any additional conditions that may be appropriate or necessary to address school and/or child care concerns regarding the location of a temporary encampment within 1,000 feet of such a facility. Any such conditions agreed upon between the parties shall be submitted to the Director for consideration for inclusion within the temporary encampment permit. In the event the parties fail to agree on any conditions, either party may provide the Director with a written summary of the parties' discussions, which the Director may consider in evaluating whether the criteria for the temporary encampment permit are met, or the need for additional conditions upon the temporary encampment permit based on the applicable decision criteria.
(iii)
The notice will be posted on the City's website.
(iv)
If 1,000 feet includes another jurisdiction, the City shall notify the chief executive officer of that city.
(d)
A notice of decision for temporary homeless encampment, or summary thereof, shall contain the decision of the Planning, Building and Public Works Director and appeal procedure and be distributed as required for notice of application within four business days after the decision.
(4)
Option to Modify Standards for Temporary Homeless Encampments. The applicant may apply for a temporary homeless encampment use permit that applies standards that differ from those in subsection (1) of this section. If a modification is proposed, the application will be processed as a Type I land use action pursuant to chapter 18.20 DMMC. In addition to all other permit application requirements, the applicant shall submit a description of the standard to be modified and shall demonstrate how the modification will result in a safe temporary homeless encampment under the specific circumstances of the application. In considering whether the modification should be granted, the Planning, Building and Public Works Director shall consider the effects on health and safety of residents and the community.
(Ord. 1628 §§ 3 – 6, 2015)
§ 18.175.010 Title.
This chapter shall be entitled "Public Utilities."
(Ord. 1591 § 371, 2014)
§ 18.175.020 Public utilities – Distribution.
(1)
The provisions of this Title shall not be construed to limit or interfere with the installation, maintenance, and operation of streets, public utility pipelines, electric or telephone transmission and distribution lines, poles, towers, and appurtenances or railroads (but not including switching yards or roundhouses) when located within the rights-of-way, easements, franchises, ownerships, or license rights of such public utilities.
(2)
The minimum lot area and frontage provisions of this Title shall not apply to public utility sites; the area and frontage need only be such as will accommodate the facilities in compliance with all other requirements in this Title.
(Ord. 1591 § 372, 2014)
§ 18.180.010 Title.
This chapter shall be entitled "Family Day Care Providers."
(Ord. 1591 § 373, 2014)
§ 18.180.020 Family day care providers.
A family day care provider home facility is a permitted use in all zones, subject to the following conditions:
(1)
The family day care provider is currently licensed by the state of Washington Department of Social and Health Services and adheres to all licensing standards;
(2)
The family day care provider is currently licensed under chapter 5.04 DMMC;
(3)
Family day care services are provided in a residential dwelling exclusively in the family living quarters;
(4)
The structure in which family day care services are provided complies with all building, fire, safety, and health codes;
(5)
Signs identifying the residence as a family day care provider are prohibited;
(6)
The Washington State Department of Social and Health Services certifies that there are adequate child drop-off and pick-up areas;
(7)
Hours of operation are limited to 6:00 a.m. to 9:00 p.m.; and
(8)
Prior to state licensing, the family day care provider provides written notification to the immediately adjoining property owners of the provider of the intent to locate and maintain the facility in order to provide the Washington State Department of Social and Health Services an opportunity to provide a forum to resolve any dispute.
(Ord. 1591 § 374, 2014)
§ 18.182.010 Title.
This chapter shall be entitled "Supportive Housing Standards."
(Ord. 1750 § 4, 2021)
§ 18.182.020 Application.
This chapter shall apply to all emergency housing, emergency shelters, permanent supportive housing, and transitional housing in buildings or other permanent structures.
(Ord. 1750 § 5, 2021)
§ 18.182.030 Purpose.
The purpose of this section is to establish standards for the operation of supportive housing facilities within the City. For the purpose of this section, "supportive housing facilities" includes only emergency housing, emergency shelters, permanent supportive housing, and transitional housing in buildings or other permanent structures. These regulations are intended to protect public health and safety by requiring safe operations of supportive housing facilities for both the residents of such facilities and the broader community. This section does not include regulations for homeless encampments regulated by DMMC § 18.170.080 and essential public facilities regulated by chapter 18.255 DMMC.
(Ord. 1750 § 6, 2021)
§ 18.182.040 Authority.
This chapter is established to regulate the siting of emergency housing, emergency shelters, permanent supportive housing, and transitional housing.
(Ord. 1750 § 7, 2021)
§ 18.182.050 Performance standards.
(1)
General Requirements for All Supportive Housing Facilities.
(a)
When a site includes more than one supportive housing facility, the more restrictive requirements of this section shall apply.
(b)
Specific needs of each facility shall be reviewed pursuant to the conditional use permit process in chapter 18.140 DMMC.
(c)
All supportive housing facilities shall comply with the Des Moines Municipal Code, including but not limited to Title 14 DMMC, Buildings and Construction, and Title 18 DMMC, Zoning.
(d)
Facilities shall meet the following locational criteria:
(i)
Facilities shall be located within one-quarter mile from a transit stop.
(ii)
Facilities shall be located at least one-half mile from another supportive housing facility.
(iii)
Facilities shall be located at least 1,000 feet from an elementary, middle or high school, or other supportive housing facility, unless permitted as a family or youth shelter. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility or school and the closest property line of the proposed facility.
(e)
Facilities shall match the bulk and scale of residential uses allowed in the zone where the facility is located. The design, construction, appearance, physical integrity, and maintenance of the facility shall provide an environment that is attractive, sustainable, functional, appropriate for the surrounding community, and conducive to tenants' stability.
(f)
Project design shall enhance personal safety and security through implementation of CPTED (Crime Prevention Through Environmental Design) principles.
(g)
The sponsor and/or managing agency shall ensure compliance with Washington State laws and regulations, the DMMC, and King County Health Department regulations. The sponsor and/or managing agency shall permit inspections by local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period.
(h)
The required number of off-street parking spaces for each facility shall meet the requirements of chapter 18.210 DMMC.
(i)
An operations plan must be provided at the time of application by the sponsor and/or managing agency that addresses the following elements to the satisfaction of the City:
(i)
Name and contact information for key staff;
(ii)
Roles and responsibilities of key staff;
(iii)
Site/facility management, including a security and emergency plan;
(iv)
Site/facility maintenance;
(v)
Occupancy policies, including resident responsibilities and a code of conduct that address, at a minimum, the prohibition on the use or sale of alcohol and illegal drugs, threatening or unsafe behavior, and weapon possession;
(vi)
Provision of human and social services, including staffing plan and outcome measures;
(vii)
Outreach plan with surrounding property owners and residents and ongoing good neighbor policy; and
(viii)
Procedures for maintaining accurate and complete records.
(ix)
A description of provisions for transit, pedestrian, and bicycle access from the subject site to services shall be provided at time of application by the sponsor and/or managing agency.
(2)
Specific Requirements for Emergency Housing and Emergency Shelters, in Addition to the Requirements of Subsection (1) of this Section.
(a)
Facilities shall meet the following capacity and density requirements:
(i)
Emergency housing shall be limited to no more than 20 units, or 20 residents in a facility without separate units, in the D-C, C-C, H-C and I-C Zones. Facilities within the PR-R, PR-C, T-C and W-C Zones shall be permitted at the zoned density.
(ii)
Emergency shelters shall limit capacity to no more than one adult bed per 40 square feet of floor area per facility with up to 20 residents permitted in the D-C, C-C, H-C and I-C Zones and up to 80 residents in the PR-R, PR-C, T-C and W-C Zones.
(b)
Residents shall have access to the following services on site; if not provided on site, transportation shall be provided:
(i)
For all facilities, medical services, including mental and behavioral health counseling.
(ii)
For emergency housing facilities, access to resources on obtaining permanent housing and access to employment and education assistance.
(iii)
For emergency shelter facilities, substance abuse assistance.
(3)
Specific Requirements for Permanent Supportive Housing and Transitional Housing in Addition to the Requirements of Subsection (1) of this Section.
(a)
Facilities shall meet the following capacity and density requirements:
(i)
A maximum of eight residents shall be permitted in the Single-Family Zones (RS-15,000, RS-9,600, RS-8,400, RS-7,200, and RS-4,000) and R-SE Zone, and facilities are subject to the development standards of the zone that the facility is located in.
(ii)
A maximum of 40 units shall be permitted in the Multifamily Residential Zones (RA-3,600, RM-2,400, RM-1,800, RM-900, RM-900A and RM-900B) and in the C-C, D-C, H-C, I-C, and N-C Zones.
(iii)
Facilities located in the PR-R, PR-C, T-C and W-C Zones shall comply with the density requirements of the underlying zone.
(b)
Facilities shall be required to meet the design requirements of chapter 18.235 DMMC.
(i)
On-site recreation area shall be provided as specified in chapter 18.155 DMMC. The Hearing Examiner may approve equal square footage of common recreation space in lieu of private recreation space requirements.
(c)
All residents shall have access to appropriate cooking and hygiene facilities.
(d)
Facilities serving more than five dwelling units shall have dedicated spaces for residents to meet with service providers.
(e)
Residents shall have access to the following services on site; if not provided on site, transportation shall be provided:
(i)
Medical services, including mental and behavioral health counseling.
(ii)
Employment and education assistance.
(Ord. 1750 § 8, 2021)
