Lacey City Zoning Code
16.03 General
Provisions
16.03.010 Title.
This title shall be known as the zoning ordinance of the city of Lacey. (Ord. 583 §2.01(A), 1980).
16.03.015 Lacey Comprehensive Land Use Plan.
That certain series of documents identified as the Land Use Element for the Lacey Urban Growth Area, Housing Element for the city of Lacey and the Lacey Urban Growth Area, Pedestrian and Bicycle Plan for Lacey and the Lacey Urban Growth Area, Housing Action Plan, Environmental Element for the city of Lacey, city of Lacey Transportation Plan, city of Lacey Capital Facilities Plan, city of Lacey Government Facilities Master Plan, Utilities Element for the Lacey Comprehensive Plan, Parks, Culture and Recreation Comprehensive Plan, city of Lacey Water System Comprehensive Plan Update 2013, city of Lacey Wastewater Comprehensive Plan, Lacey Urban Forest Management Plan, city of Lacey Woodland District Strategic Plan, Depot District Subarea Plan, city of Lacey Stormwater Comprehensive Plan, Economic Development Element for the city of Lacey together with the Comprehensive Plan Downtown Element as supplemented by the city of Lacey Woodland District Guidelines and the Northeast Area Plan, and Thurston Climate Mitigation Plan constitutes the Lacey Comprehensive Plan and all regulatory and zoning ordinances of the city shall be construed to be consistent with said plan as adopted or hereafter amended. (Ord. 1655 §1, 2024; Ord. 1642 §1, 2023; Ord. 1599 §1, 2021; Ord. 1539 §24, 2019; Ord. 1534 §3, 2018; Ord. 1516 §2, 2017; Ord. 1493 §7, 2016; Ord. 1474 §6, 2015; Ord. 1439 §3, 2014; Ord. 1417 §15, 2013; Ord. 1413 §1, 2013; Ord. 1409 §1, 2013; Ord. 1375 §12, 2011; Ord. 1350 §1, 2010; Ord. 1331 §2, 2009; Ord. 1285 §2, 2007; Ord. 1269 §23, 2006; Ord. 1260 §2, 2006; Ord. 1229 §1, 2004; Ord. 1223 §1, 2004; Ord. 1211 §1,2,3, 2003; Ord. 1193 §1, 2002; Ord. 1190 §2, 2002; Ord. 1152 §4, 2001; Ord. 1098 §5, 1999; Ord. 1080 §4, 1998; Ord. 1051 §6, 1997; Ord. 1024 §13, 1995).
16.03.016 Map Overlay.
The City of Lacey Shoreline Master Program and its requirements for land use within shoreline areas has been integrated into the Lacey Comprehensive Land Use Plan and zoning code by reference and use of a “Shoreline Master Program overlay” on the official Plan map and zoning map. This map overlay provides shoreline designations and development standards that will be applied consistent with the Lacey Shoreline Master Program. This is intended to be a seamless method of bringing together the Shoreline Master Program and Lacey’s other long-range planning and implementation documents, to provide the integration required under the state Growth Management Act. (Ord. 1539 §25, 2019; Ord. 1375 §13, 2011).
16.03.020 Intent.
It is the intent of this title to:
A. Facilitate orderly growth and development of the Lacey urban growth area, consistent with the policies, goals and objectives of the Lacey Comprehensive Plan for the Lacey urban growth area;
B. Protect the health and general welfare of residents of the Lacey urban growth area;
C. Promote sound economic development and protect property values;
D. Preserve and protect vital aspects of the natural environment;
E. Designate land use districts and provide for compatibility between the several districts;
F. Provide flexible regulations and controls for the intensity and character of land use;
G. Provide for the administration and enforcement of the regulations within the Lacey urban growth area.
H. Provide integration between the Shoreline Management Program and Lacey’s Comprehensive Land Use Plan and zoning ordinances. (Ord. 1375 §14, 2011; Ord. 1024 §14, 1995; Ord. 583 §2.01(B), 1980).
16.03.030 Interpretation and application.
In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. Nothing in this title is intended to impair, annul or abrogate any easement, covenant or other agreements between parties, public or private; however, whenever the requirements of this title are at variance with the requirements of any lawfully adopted rules, regulations, or ordinances, the most restrictive or those imposing the higher standards shall govern; provided further, that within the shorelines of the city, as defined in the Shoreline Management Act, the provisions of the Shoreline Management Act and the Lacey Shoreline Master Program shall govern; provided, however, that the substantive regulations of this title shall be applicable where they are more restrictive than those of the Shoreline Management Act or the Lacey Shoreline Master Program. (Ord. 1539 §26, 2019; Ord. 583 §2.01(C), 1980).
16.03.040 Exemptions.
A. The following structures and uses shall be exempt from the regulations of this title:
1. Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, or water or the collection of sewage, or surface or subsurface water, operated or maintained by a governmental entity or a public utility or other city franchised utilities including customary meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during building construction, whether any such facility is located underground or aboveground; but only when such facilities are located in a street right-of-way or in an easement less than twenty-five feet in width. This exemption shall not include any substation located on or above the surface of the ground or any such distribution facility located in an easement of twenty-five feet or more in width which shall be regulated by the provisions of Chapter 16.66 LMC;
2. Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment. This exemption shall not include any facilities and equipment listed as special uses.
B. The enforcing officer may exempt the following from the minimum setback requirements set forth in this title when the structures are located outside the public right-of-way and are obviously intended to serve the public interest: telephone booths and pedestals; utility equipment; mailboxes; bus shelters; public bicycle shelters; or any similar structure or device. (Ord. 691 §1, 1984).
16.03.045 Prior limited rezones.
A. All uses approved in a limited zoned district prior to the passage of the ordinance codified in this title shall remain a valid use of the property notwithstanding a change to a more restrictive zoning classification by the passage of the ordinance codified in this title.
B. All property located within a limited zoned district prior to the passage of the ordinance codified in this title shall be allowed those additional uses permitted within the new zoning classification of said property under the terms of the ordinance codified in this title.
C. All limitations and conditions imposed upon properties located in a limited zoned district prior to the passage of the ordinance codified in this title, not relating to the type of uses, shall remain in effect notwithstanding a change in the underlying zoning classification by the passage of the ordinance codified in this title. (Ord. 1539 §27, 2019).
16.03.050 Permitted intrusions into required yards.
A. Cornices, eaves and other similar architectural features may project from the foundation wall into any minimum yard setback requirement a maximum distance of two and one-half feet.
B. Open, unwalled and uncovered steps and ramps, not more than four feet in height, may extend into the required front or rear yard setback requirement not more than five feet.
C. Decks and patio covers may be permitted to encroach into all residential district rear yard setbacks, provided a minimum setback of five feet is retained, and provided such deck be not more than thirty inches above existing natural grade measured at deck floor from the highest point, and provided that such patio cover is not enclosed in any manner. A building permit is required.
D. LID facilities are allowed within front, side, and rear yard setbacks.
E. Awnings and marquees may be allowed within required front yards and over sidewalks or public right-of-way in commercial and industrial zones if all the following requirements are satisfied:
1. The director of the department of community and economic development and the director of the department of public works or their designees determine that placement of the awning or marquee within the setback areas or over the public sidewalk does not impede vehicular or pedestrian traffic flow or create any other type of hazard to the public.
2. The awning or marquee is specifically designed to benefit pedestrians by the providing of shelter and creating a friendlier pedestrian environment.
3. That development of an awning or marquee within the setback area or over public sidewalk is consistent with goals of the Comprehensive Development Plan, the standards of the specific zone in which it is proposed to be located and consistent with the character of the surrounding neighborhood.
4. The city’s building codes and fire codes are satisfied for the structure and location. (Ord. 1539 §28, 2019; Ord. 1496 §33, 2016; Ord. 1208 §60, 2003; Ord. 1024 §14, 1995; Ord. 917 §1, 1991; Ord. 817 §1, 1987; Ord. 757, 1985; Ord. 691 §2, 1984).
16.03.055 Minimum density requirements.
In all residential zones minimum densities are required. This requirement takes effect when property is divided or developed with multifamily units and requires that plats, short plats, and multifamily units have a density within the range specified in the zone. However, this minimum density provision is not intended to prohibit the construction of a single-family structure on an existing vacant lot. If a lot legally exists, a single-family unit can be built on it whether or not the lot will conform to density requirements; provided, that the unit is located such that it does not preclude future development at the prescribed density. (Ord. 1539 §29, 2019; Ord. 1024 §15, 1995).
16.03.060 Manufactured Housing.
Based upon state law a manufactured home will be considered as any other single family residence for the purposes of zoning considering allowed uses and required standards. From the standpoint of the city zoning code a manufactured home shall be permitted to be placed anywhere a site built home is permitted. This provision does not limit whatever protective covenants may apply to properties that may legally prohibit or limit placing of different types of housing. Manufactured housing must meet the same standards and design requirements as any other single family residence within the same zone. Manufactured housing shall also meet any other requirements specified with the Lacey Municipal Code as permitted and allowed by state law. (Ord. 1243 §10, 2005).
16.03.065 Residential swimming pools.
All residential swimming pools, both above and in-ground, shall be located outside of required front yard setbacks and be set back at least five feet from rear and side property lines. Residential swimming pools shall comply with the International Residential Code including structural and barrier requirements. (Ord. 1480 §9, 2015).
16.03.070 Fencing standards.
A. Maximum Height.
1. Front Yards. The maximum height of free-standing walls, fences, or hedges placed in the front yard of residential buildings shall be three feet unless a taller masonry wall is required, per the responsible official, to mitigate significant noise impacts.
2. Side or Rear Yard. The maximum height of free-standing walls, fences, or hedges placed in the side or rear yard of residential buildings shall be seven feet unless a taller masonry wall is required, per the responsible official, to mitigate significant noise impacts.
3. Transparent Fencing. The maximum height of any decorative wall or fence which allows visibility, such as wrought iron or split rail fences, shall be eight feet.
B. Chain Link Fencing.
1. All chain link fences shall be set back at least three feet from the back of the sidewalk to allow for landscaping elements to screen the fence.
2. Temporary construction fences are exempt from the above requirements.
C. Prohibited Material. Electrified and other dangerous fences are prohibited. Barbed and razor wire is prohibited in all zones except for light industrial or light industrial/commercial zones where the barbed and razor wire shall be placed on security fences at a minimum height of six feet from the ground. No portion of any barbed or razor wire located on a security fence shall extend into the right-of-way. (Ord. 1539 §30, 2019; Ord. 1480 §10, 2015).
16.03.080 Reasonable accommodation.
A. Purpose and Intent. The Federal Fair Housing Act (FFHA) requires that reasonable accommodations be made in rules, policies, practices, or services, when such accommodations may be necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling in conformance with the Federal Fair Housing Act and the Washington Housing Policy Act.
B. Applicability.
1. A request for reasonable accommodation may be made by any person with a disability, the person’s representative, or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities.
2. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of his or her choice.
C. Application Requirement.
1. A request for reasonable accommodation shall be submitted on an application form provided by the community and economic development department and shall contain the following information:
a. The applicant’s name, address, telephone number, and email address;
b. Address of the property for which the request is being made;
c. The current use of the property;
d. The basis for the claim that the individual is considered under the Acts;
e. The code provision, regulation, or policy from which reasonable accommodation is being requested;
f. What specific accommodation is requested and why the accommodation is necessary to make the specific property accessible to the individual.
D. Review Authority.
1. If no approval is sought other than the request for reasonable accommodation, the request shall be reviewed by the community and economic development director or designee as outlined in provisions in 1.C.030, Limited Administrative Review of Application, contained in the City of Lacey Development Guidelines and Public Works Standards.
2. If a request for reasonable accommodation is submitted for review with a land use application requiring a higher level of review, the review authority making the final land use decision shall concurrently review and make a decision on the request.
E. Review Findings.
1. The written decision to grant, grant with modifications or deny a request for reasonable accommodation shall be based on the following findings:
a. The housing, which is the subject of the request, will be used by a disabled individual;
b. The accommodation requested is necessary to make specific housing available to a disabled individual;
c. Potential impact on surrounding uses;
d. Physical attributes of the property and structures;
e. Alternative accommodations which may provide an equivalent level of benefit;
f. The requested accommodation would not require a fundamental alteration in the nature of a city policy or law, including but not limited to the Lacey Comprehensive Plan and zoning;
g. The requested accommodation would not impose an undue financial or administrative burden on the city.
2. In granting a request for reasonable accommodation, the reviewing authority may impose conditions of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings.
F. Appeal of Determination. A determination by the reviewing authority to grant, grant with modifications or deny a request for reasonable accommodation may be appealed pursuant to 1.D.010, Appeals, contained in the City of Lacey Development Guidelines and Public Works Standards. (Ord. 1539 §31, 2019).