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Lake Stevens City Zoning Code

CHAPTER 14

40 PERMISSIBLE USES

[1]
Prior legislation: Ords. 468, 499, 511, 541, 588, 590, 606, 608, 639, 666, 676, 682, 744, 797, 798, 811, 821, 871, 876, 890, 894, 898, 903, 908, 958, 991, 1001, 1016, 1020, 1027, 1030, 1031, 1048, 1080 and 1096.

§ 14.40.010 Permissible Use Tables.

Tables 14.40-I through 14.40-III, the Permissible Use Tables, set forth the permissible uses for the various zoning districts in the City established in Chapter 14.36, Part I, subject to other applicable provisions in this title. It should be read in close conjunction with the definitions of terms set forth in Section 14.08.010 and the other interpretative provisions set forth in this chapter. Permissible uses for the subarea zoning districts are not included in these tables, but are included in Section 14.38.020.
(Ord. 1124, Sec. 2 (Exh. A), 2021)

§ 14.40.015 Uses within Subareas.

Permissible and prohibited uses within adopted subarea plan boundaries (as identified on the Official Zoning Map) are listed in Section 14.38.020. Identified principal and secondary uses are both considered permissible uses, although principal uses are preferred. Per Sections 14.38.015 and 14.44.030 (Development within Adopted Subareas), regulations regarding permitted uses in Chapter 14.38 supersede those in other Title 14 chapters.
(Ord. 1124, Sec. 2 (Exh. A), 2021)

§ 14.40.020 Use of the Designations P, A, C in Permissible Use Tables.

The Permissible Use Tables (Tables 14.40-I through 14.40-III) set forth which uses are permitted in which zones. The letter "P" means the use is permitted or allowed in the indicated zoning district subject to all code requirements of this title. The letter "A" means the use requires an administrative conditional use permit (see Section 14.16C.015), and the letter "C" means the use requires a conditional use permit (see Section 14.16C.045). No letter means that use is not permitted in the indicated zoning district.
(Ord. 1124, Sec. 2 (Exh. A), 2021)

§ 14.40.030 Permissible and Prohibited Uses.

(a) 
The presumption established by this title is that all legitimate uses of land are addressed within the permissible use tables and are either allowed or not allowed thereby. But because the list of permissible uses set forth at the end of this chapter cannot be all-inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.
(b) 
Tables 14.40-I through 14.40-III include a column indicating the most similar classification code under the North American Industrial Classification System ("NAICS code"), where applicable. NAICS codes establish general categories of businesses and land uses, with more detailed subcategories. Consistent with subsection (a) of this section, NAICS codes may be used to evaluate whether uses with similar characteristics and impacts that are not explicitly listed in the use tables shall be permitted or permitted conditionally.
(c) 
Any proposed use not listed in the tables shall be determined as allowed or not allowed within a land use designation based on its consistency with the Comprehensive Plan and the purpose of the zoning district. If allowed, the use shall be classified by the Planning Director as outright permitted or requiring an administrative conditional use or conditional use permit using the most similar listed use. The Planning Director shall make that determination based on the physical characteristics of the use and its supporting structures, including scope, traffic generation, hours of operation and other potential impacts.
(d) 
Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:
(1) 
Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the City's fire prevention code.
(2) 
Stockyards, slaughterhouses, rendering plants.
(3) 
Use of a travel trailer, motor home, or other recreational vehicle as a permanent residence except those permitted in a manufactured/mobile home park as per Section 14.44.070. Recreational vehicles may be used as a temporary guest residence for up to two weeks without a permit, or up to three months within any one consecutive year upon approval by the Planning Director. Situations that do not comply with this subsection on the effective date of the ordinance codified in this chapter are required to conform within one year.
(4) 
Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. This prohibition does not apply to temporary public services, such as bookmobiles, blood donation centers, public service information, etc., or temporary food vendors allowed pursuant to Section 14.44.085 (situations that do not comply with this subsection on the effective date of the ordinance codified in this chapter are required to conform within 30 days).
(5) 
Repealed by Ord. 958.
(6) 
Sewage/septic sludge recycling except when approved as an essential public facility pursuant to Section 14.16C.060.
(Ord. 1124, Sec. 2 (Exh. A), 2021)

§ 14.40.040 Accessory Uses.

(a) 
Tables 14.40-I through 14.40-III classify different principal uses according to their land uses, potential impacts and NAICS codes. When an activity, use or structure exists that is incidental and subordinate to a principal use on the same lot, it may be permitted as accessory to the principal use. For example, a swimming pool/tennis court complex associated with a residential subdivision or multifamily development is regarded as accessory to such principal uses, even though it would require an administrative conditional use permit if developed as a principal use. A use cannot be approved as an accessory use without a primary use to which it is subordinate.
(b) 
Without limiting the generality of subsection (a) of this section, the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:
(1) 
Home occupations, subject to the standards of Section 14.44.015.
(2) 
Hobbies or recreational activities of a noncommercial nature.
(3) 
The renting out of rooms within a residential unit for a period of 30 or more days, so long as the household (including all renters) is consistent with the definition of "family" in Section 14.08.010.
(4) 
Yard sales or garage sales, so long as such sales are not conducted on the same lot for more than three days (whether consecutive or not) during any 30-day period.
(c) 
Without limiting the generality of subsections (a) and (b) of this section, the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts:
(1) 
Storage outside of a substantially enclosed structure of more than one motor vehicle that is unlicensed and nonoperational for a period of more than three months.
(2) 
Parking outside a substantially enclosed structure or a legally established vehicle accommodation area (as defined in Section 14.72.060) of more than four motor vehicles between the building setback of the principal building and the street on any lot used for single-family or multifamily residential development. Parking on nonapproved surfaces is prohibited.
(d) 
When a land use permit is applied for, all anticipated accessory uses shall be explicitly disclosed, and made part of the findings. Subsequent accessory uses not disclosed shall be subject to the permit modification requirements of Section 14.16A.235 prior to commencing.
(Ord. 1124, Sec. 2 (Exh. A), 2021)

§ 14.40.050 Use of Supplementary Use Regulations.

The city has established specific supplementary use regulations that establish performance standards and requirements for certain types of land uses. Tables 14.40-I through 14.40-III utilize footnotes to indicate those uses for which supplementary use regulations or performance standards apply and provide citations and links to the applicable LSMC sections.
(Ord. 1124, Sec. 2 (Exh. A), 2021)

§ 14.40.060 Change in Use.

A change of use of property shall be reviewed pursuant to Section 14.16C.030.
(Ord. 1124, Sec. 2 (Exh. A), 2021)

§ 14.40.070 Combination Uses.

(a) 
When a combination use comprises two or more principal uses that require different types of permits (permitted use, administrative conditional use, or conditional use), then the permit authorizing the combination use shall be:
(1) 
A conditional use permit if any of the principal uses combined requires a conditional use permit.
(2) 
An administrative conditional use permit if any of the principal uses combined requires an administrative conditional use permit but none requires a conditional use permit.
(3) 
A permitted use requiring Planning Director approval in all other cases.
Table 14.40-I: Table of Residential Uses by Zones
A blank box indicates a use is not allowed in a specific zone. Note: Reference numbers within matrix indicate special conditions apply.
P – Permitted Use; A – Administrative Conditional Use; C – Conditional Use (See Section 14.40.070 for explanation of combinations)
NAICS Code
Use
R4
WR
R6
R8-12
MFR
LB
MU1
PBD2
BD
CBD
CD
LI
GI
P/SP
GENERAL RESIDENTIAL
N/A
Single-family detached, site built or modular
P
P
P
P
P
N/A
Class A or B mobile home
P
P
P
P
P
N/A
Mobile/manufactured home park
A
A
A
A
P
N/A
Apartment(s) above permitted nonresidential use
A
P
P
P
P
P
P
P
N/A
Cottage housing development3
P
P
P
P
N/A
Duplexes
P4
P4
P4
P4
P
P
N/A
Apartments (five or more attached units)
P
P
N/A
Townhomes/rowhouse
P12
P12
P
P
P
N/A
Triplexes
P5
P5
P5
P
N/A
Fourplexes
P5
P5
P5
P
MISCELLANEOUS AND ACCESSORY USES
N/A
Accessory dwelling units6
P
P
P
P
P
721310
Co-Living Housing
P
P
P
P
P
P
P
P
P
P
N/A
Mobile/manufactured home or apartment used exclusively for a night watchman and his/her family7
A
A
N/A
Short-Term Rentals13
P
P
P
P
P
P
N/A
In-home daycare8
P
P
P
P
P
P
P
N/A
Home occupations8
P
P
P
P
P
P
P
N/A
Farm animals9
N/A
Planned Residential Developments10
P
P
P
P
P
N/A
Recovery housing
P
P
P
P
P
P
N/A
Emergency Housing15
P
P
P
P
N/A
Emergency Shelters15
P
P
P
P
N/A
Permanent Supportive Housing
P
P
P
P
P
P
P
P
P
N/A
Transitional Housing16
P
P
P
P
P
P
P
P
P
N/A
Level I healthcare facility
P
P
P
P
P
P
A
N/A
Level II healthcare facility
C 14
C 14
P
A
N/A
Secure community transition facilities
C
C
N/A
Group homes for licensed juvenile offenders
C
C
C
C
C
P
P
N/A
Temporary encampments11
P
P
P
P
P
P
P
Notes:
1 Subject to Section 14.44.010 (Mixed Use).
2 Subject to Section 14.44.090 (Planned Business District).
3 Subject to Chapter 14.46, Part II.
4 Subject to Section 14.46.230(c)(5) (Duplexes in Single-Family Zones).
5 Subject to Chapter 14.46, Part III.
6 Subject to Section 14.44.045 (Accessory Dwelling Units), and only as accessory to a detached single-family residence.
7 Subject to Section 14.44.065 (Accessory Apartment in Industrial Zones).
8 Subject to Section 14.44.015 (Home Occupations).
9 Subject to Section 14.44.075 (Farm Animals). Requires a pasture plan to be submitted pursuant to Chapter 5.18.
10 Subject to Section 14.18.300 (Planned Residential Developments).
11 Subject to Section 14.44.038 (Temporary Encampments).
12 Townhomes are permitted per Chapter 14.46, Part III, or as part of a planned residential development (PRD), subject to Section 14.18.300 (Planned Residential Developments).
13 Subject to Type I review and requirements of Section 14.44.064.
14 Level II facilities must show compliance with the conditional use permit decision criteria in Section 14.16C.045(d), including potential impacts on and compatibility with surrounding residential uses.
15 Subject to supplementary use regulations in LSMC § 14.44.100.
16 Subject to supplementary use regulations in LSMC § 14.44.100 except for subsection (c)(1)(iii) parking. Parking for transitional housing is subject to the standard parking requirements for the type of building, e.g., single-family, townhome, etc.
Table 14.40-I: Table of Residential Uses by Zones
A blank box indicates a use is not allowed in a specific zone. Note: Reference numbers within matrix indicate special conditions apply.
P – Permitted Use; A – Administrative Conditional Use; C – Conditional Use (See Section 14.40.070 for explanation of combinations)
NAICS Code
Use
R4
WR
R6
R8-12
MFR
LB
MU1
PBD2
BD
CBD
CD
LI
GI
P/SP
GENERAL RESIDENTIAL
N/A
Single-family detached, site built or modular
P
P
P
P
P
N/A
Class A or B mobile home
P
P
P
P
P
N/A
Mobile/manufactured home park
A
A
A
A
P
N/A
Apartment(s) above permitted nonresidential use
A
P
P
P
P
P
P
P
N/A
Cottage housing development3
P
P
P
P
N/A
Duplexes
P4
P4
P4
P4
P
P
N/A
Apartments (five or more attached units)
P
P
N/A
Townhomes/rowhouse
P12
P12
P
P
P
N/A
Triplexes
P5
P5
P5
P
N/A
Fourplexes
P5
P5
P5
P
MISCELLANEOUS AND ACCESSORY USES
N/A
Accessory dwelling units6
P
P
P
P
P
721310
Co-Living Housing
P
P
P
P
P
P
P
P
P
P
N/A
Mobile/manufactured home or apartment used exclusively for a night watchman and his/her family7
A
A
N/A
Short-Term Rentals13
P
P
P
P
P
P
N/A
In-home daycare8
P
P
P
P
P
P
P
N/A
Home occupations8
P
P
P
P
P
P
P
N/A
Farm animals9
N/A
Planned Residential Developments10
P
P
P
P
P
N/A
Recovery housing
P
P
P
P
P
P
N/A
Emergency Housing15
P
P
P
P
N/A
Emergency Shelters15
P
P
P
P
N/A
Permanent Supportive Housing
P
P
P
P
P
P
P
P
P
N/A
Transitional Housing16
P
P
P
P
P
P
P
P
P
N/A
Level I healthcare facility
P
P
P
P
P
P
A
N/A
Level II healthcare facility
C 14
C 14
P
A
N/A
Secure community transition facilities
C
C
N/A
Group homes for licensed juvenile offenders
C
C
C
C
C
P
P
N/A
Temporary encampments11
P
P
P
P
P
P
P
Notes:
1 Subject to Section 14.44.010 (Mixed Use).
2 Subject to Section 14.44.090 (Planned Business District).
3 Subject to Chapter 14.46, Part II.
4 Subject to Section 14.46.230(c)(5) (Duplexes in Single-Family Zones).
5 Subject to Chapter 14.46, Part III.
6 Subject to Section 14.44.045 (Accessory Dwelling Units), and only as accessory to a detached single-family residence.
7 Subject to Section 14.44.065 (Accessory Apartment in Industrial Zones).
8 Subject to Section 14.44.015 (Home Occupations).
9 Subject to Section 14.44.075 (Farm Animals). Requires a pasture plan to be submitted pursuant to Chapter 5.18.
10 Subject to Section 14.18.300 (Planned Residential Developments).
11 Subject to Section 14.44.038 (Temporary Encampments).
12 Townhomes are permitted per Chapter 14.46, Part III, or as part of a planned residential development (PRD), subject to Section 14.18.300 (Planned Residential Developments).
13 Subject to Type I review and requirements of Section 14.44.064.
14 Level II facilities must show compliance with the conditional use permit decision criteria in Section 14.16C.045(d), including potential impacts on and compatibility with surrounding residential uses.
15 Subject to supplementary use regulations in LSMC § 14.44.100.
16 Subject to supplementary use regulations in LSMC § 14.44.100 except for subsection (c)(1)(iii) parking. Parking for transitional housing is subject to the standard parking requirements for the type of building, e.g., single-family, townhome, etc.
Table 14.40-I: Table of Residential Uses by Zones
A blank box indicates a use is not allowed in a specific zone. Note: Reference numbers within matrix indicate special conditions apply.
P – Permitted Use; A – Administrative Conditional Use; C – Conditional Use (See Section 14.40.070 for explanation of combinations)
NAICS Code
Use
R4
WR
R6
R8-12
MFR
LB
MU1
PBD2
BD
CBD
CD
LI
GI
P/SP
GENERAL RESIDENTIAL
N/A
Single-family detached, site built or modular
P
P
P
P
P
N/A
Class A or B mobile home
P
P
P
P
P
N/A
Mobile/manufactured home park
A
A
A
A
P
N/A
Apartment(s) above permitted nonresidential use
A
P
P
P
P
P
P
P
N/A
Cottage housing development3
P
P
P
P
N/A
Duplexes
P4
P4
P4
P4
P
P
N/A
Apartments (five or more attached units)
P
P
N/A
Townhomes/rowhouse
P12
P12
P
P
P
N/A
Triplexes
P5
P5
P5
P
N/A
Fourplexes
P5
P5
P5
P
MISCELLANEOUS AND ACCESSORY USES
N/A
Accessory dwelling units6
P
P
P
P
P
721310
Co-Living Housing
P
P
P
P
P
P
P
P
P
P
N/A
Mobile/manufactured home or apartment used exclusively for a night watchman and his/her family7
A
A
N/A
Short-Term Rentals13
P
P
P
P
P
P
N/A
In-home daycare8
P
P
P
P
P
P
P
N/A
Home occupations8
P
P
P
P
P
P
P
N/A
Farm animals9
N/A
Planned Residential Developments10
P
P
P
P
P
N/A
Recovery housing
P
P
P
P
P
P
N/A
Emergency Housing15
P
P
P
P
N/A
Emergency Shelters15
P
P
P
P
N/A
Permanent Supportive Housing
P
P
P
P
P
P
P
P
P
N/A
Transitional Housing16
P
P
P
P
P
P
P
P
P
N/A
Level I healthcare facility
P
P
P
P
P
P
A
N/A
Level II healthcare facility
C 14
C 14
P
A
N/A
Secure community transition facilities
C
C
N/A
Group homes for licensed juvenile offenders
C
C
C
C
C
P
P
N/A
Temporary encampments11
P
P
P
P
P
P
P
Notes:
1 Subject to Section 14.44.010 (Mixed Use).
2 Subject to Section 14.44.090 (Planned Business District).
3 Subject to Chapter 14.46, Part II.
4 Subject to Section 14.46.230(c)(5) (Duplexes in Single-Family Zones).
5 Subject to Chapter 14.46, Part III.
6 Subject to Section 14.44.045 (Accessory Dwelling Units), and only as accessory to a detached single-family residence.
7 Subject to Section 14.44.065 (Accessory Apartment in Industrial Zones).
8 Subject to Section 14.44.015 (Home Occupations).
9 Subject to Section 14.44.075 (Farm Animals). Requires a pasture plan to be submitted pursuant to Chapter 5.18.
10 Subject to Section 14.18.300 (Planned Residential Developments).
11 Subject to Section 14.44.038 (Temporary Encampments).
12 Townhomes are permitted per Chapter 14.46, Part III, or as part of a planned residential development (PRD), subject to Section 14.18.300 (Planned Residential Developments).
13 Subject to Type I review and requirements of Section 14.44.064.
14 Level II facilities must show compliance with the conditional use permit decision criteria in Section 14.16C.045(d), including potential impacts on and compatibility with surrounding residential uses.
15 Subject to supplementary use regulations in LSMC § 14.44.100.
16 Subject to supplementary use regulations in LSMC § 14.44.100 except for subsection (c)(1)(iii) parking. Parking for transitional housing is subject to the standard parking requirements for the type of building, e.g., single-family, townhome, etc.
(Ord. 1124, Sec. 2 (Exh. A), 2021; Ord. 1147, Sec. 3, 2022; Ord. 1139, Sec. 4, 2023; Ord. 1179, Sec. 11, 2024; Ord. 1209, 12/16/2025)