Lakewood City Zoning Code
18A.30 Discretionary
Permits
18A.30.005 Definitions.
See LMC 18A.10.180 for definitions relevant to this chapter. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.010 Type of action.
A. A comprehensive plan map or text amendment (may include associated rezone) is a Type V legislative action as set forth in Chapter 18A.20 LMC, Administration. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.020 Plan amendment procedures – Comprehensive plan.
A. Individual and agency-initiated proposals to amend the Lakewood comprehensive plan shall be submitted to the Department on forms provided by the City.
B. Proposals may be submitted at any time; however, to be considered in the same calendar year, they must be submitted by the deadline set by the City Council, unless otherwise specifically authorized by the City Council.
C. All proposals shall be considered collectively once each year except in the case of an emergency as determined by the City Council (see LMC 18A.30.090, Timing and exemptions).
D. The comprehensive plan amendment calendar shall be approved by the City Council. No fee shall be charged at this proposal stage.
E. The Department shall maintain a log or docket of all such proposals including a summary of the proposal, the principal proponent’s name and address, the date on which the proposal was submitted, and its review status. [Ord. 813 § 2 (Att. D), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.030 Preliminary review and evaluation criteria – Comprehensive plan.
A. Prior to City Council action, the Department shall conduct a preliminary review and evaluation of proposed amendments, including rezones, and assess the extent of review that would be required under the State Environmental Policy Act (SEPA). The preliminary review and evaluation shall also include any review by other departments deemed necessary by the Department, and except as provided in Chapter 18A.30 LMC, Article VII, Rezone and Text Amendment, shall be based on the following criteria:
1. Is the proposed amendment consistent with the county-wide planning policies, the Growth Management Act (GMA), other state or federal law, or the Washington Administrative Code?
2. Would the proposed amendment cause little or no adverse environmental impacts and is the time required to analyze impacts available within the time frame of the standard annual review process?
3. Is sufficient analysis completed to determine any need for additional capital improvements and revenues to maintain level-of-service, and is the time required for this analysis available within the time frame for this annual review process?
4. Can the proposed amendment be considered now without conflicting with some other comprehensive plan established timeline?
5. Can the proposed amendment be acted on without significant other amendments or revisions not anticipated by the proponents and is the time required for processing those amendments or revisions available within the time frame of this annual review process?
6. If the proposed amendment was previously reviewed, ruled upon or rejected, has the applicant identified reasons to review the proposed amendment again?
B. If the Department determines that the answer to any of the above questions is no, it may recommend to the City Council that the proposed amendment or revision not be further processed in the current amendment review cycle. Upon direction from City Council, Department staff will inform those whose proposed amendments or revisions will not be considered because (a) impact analysis beyond the scope of the amendment process is needed; (b) the request does not meet preliminary criteria; or (c) likelihood of inclusion of the proposal in a department’s work program. Proponents may resubmit proposals to the Department at any time, subject to the timelines contained in this chapter. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.040 Council approval of final docket – Comprehensive plan.
A. The Department shall compile a list giving the status of all proposed amendments, including rezones, and forward the list to the City Council. The City Council shall review all such proposals, determine which are appropriate and worthy of further review and consideration, and move those to the Planning Commission for review and public hearing.
B. The list approved by the City Council shall be known as the final docket. The Department shall notify proponents of the items on the docket that will be moved to the Planning Commission for review. Proponents shall be required to submit an application and shall pay such fee as may be established by the City Council. Proponents of the proposals not moved to the Planning Commission shall also be notified of the Council’s decision. Department and City initiated proposals are exempt from application fees. Information about the amendment process and the schedule shall be distributed with final application forms.
C. Notice boards must be posted on parcels subject to a proposed zoning amendment consistent with the requirements of LMC 18A.20.330(F). [Ord. 833 § 2 (Exh. A), 2025; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.050 Final review and evaluation – Comprehensive plan.
A. The Department shall distribute the final docket of proposed amendments, including rezones, to any state or local agency which is required by law to receive notice of proposed amendments and revisions to the comprehensive plan and implementing development regulations within the time required. In addition, the Department shall distribute the final docket of proposed amendments to recognized neighborhood associations and other affected interests identified by the City Council. The Department shall include issues identified in amendment proposal analyses and conduct any review required by SEPA of the proposed amendments, including rezones, listed on the final docket.
B. The Department shall prepare a report including any recommendations on each proposed amendment, including rezones, on the final docket and forward the report to the Planning Commission. At a minimum the Planning Commission recommendation and the Council decision should address the following:
1. Does the proposed amendment or revision maintain consistency with other plan elements or development regulations? If not, are amendments or revisions to other plan elements or regulations necessary to maintain consistency with the current final docket that will be considered by the Planning Commission and the City Council?
2. Is the proposed amendment or rezone consistent with the goals of the comprehensive plan?
3. Is the proposed amendment or revision consistent with the county-wide planning policies?
4. Does the proposed amendment or rezone comply with the requirements of the GMA? [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.060 Decision criteria for rezone requests – Comprehensive plan.
The following criteria will be used to evaluate each rezone request. A zoning map amendment shall only be approved if the Council concludes that at minimum the proposal complies with subsections (A) through (C) of this section. To be considered are whether:
A. The rezone is consistent with either the comprehensive plan including the Plan’s Future Land Use Map as described in LMC 18A.30.070 or with a concurrently approved amendment to the plan.
B. The rezone will maintain the public health, safety, or welfare.
C. The rezone is consistent with other development regulations that implement the comprehensive plan.
D. The rezone will result in a district that is compatible with adjoining zoning districts; this may include providing a transition zone between potentially incompatible designations.
E. Public facilities and services existing and planned for the area are adequate and likely to be available to serve potential development allowed by the proposed zone. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.070 Consistency between the zoning map and the future land use map – Comprehensive plan.
Districts on the Zoning Map shall correspond to designations of the Future Land Use Map in accordance with LMC 18A.10.120(C) and shall be consistent with the purposes of each designation. Only such districts are deemed to be consistent with the corresponding Future Land Use map designation. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.080 Planning Commission and City Council review and adoption process.
A. Following one or more public hearings the Planning Commission shall forward its written recommendation regarding each comprehensive plan amendment and any text amendments or rezones to the City Council.
B. The Council shall review the recommendations of the Planning Commission, may hold a public hearing, and shall decide whether to adopt, modify and adopt, reject or defer to a later date, each proposed amendment.
C. Each proponent shall be notified by mail of all public hearings and of the Council’s final decision. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.090 Timing and exemptions.
A. The City will consider proposed amendments to the comprehensive plan only once each year, except when amendments are adopted as part of:
1. The adoption of a subarea plan;
2. The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 173-26 WAC;
3. The response to an existing emergency, as specified in LMC 18A.30.095;
4. Amendments necessitated by changes in state or federal laws;
5. The resolution of an appeal filed with the Growth Management Hearings Board or with a court;
6. The amendment of a capital facilities element that occurs concurrently with the adoption or amendment of the City budget; or
7. An update to the Residential/Transit Overlay under Chapter 18A.50 LMC, Article IV, consistent with changes in transit service.
B. The Department will accept proposals for comprehensive plan amendments and revisions at any time; however, proposals or applications received after their established due dates will be considered in the next annual amendment review cycle. [Ord. 813 § 2 (Att. D), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.095 Emergency amendments.
A. Emergency amendments to the comprehensive plan are those required in situations where regulatory action is needed to provide for the immediate protection of public health, safety, and welfare; and when adherence to the annual amendment process would be further detrimental to public health, safety or welfare.
B. The process to amend the comprehensive plan will be initiated by the City Council upon adoption of a resolution specifying the nature of the emergency.
C. Emergency amendments will be assessed by City staff at the direction of Council and reviewed by the Planning Commission at a public hearing consistent with the requirements of LMC 18A.30.030. A subsequent recommendation from the Planning Commission on the proposed emergency amendment will be forwarded to the City Council.
D. The City Council will evaluate the proposed emergency amendments based on recommendations of the Planning Commission. The Council may take action on the proposed emergency amendment after a public hearing. [Ord. 813 § 2 (Att. D), 2024.]
18A.30.100 Notice to County Assessor of changes in comprehensive plan and development regulations.
No later than October 31st of each year, the Director shall notify the Pierce County Assessor-Treasurer of the City’s comprehensive plan and development regulations in effect following adoption of that year’s annual review and updates. [Ord. 821 § 2 (Exh. A), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.110 Purpose.
The purpose of this article is to establish the criteria for approval for conditional use permits, whether approved administratively or by the Hearing Examiner. As established in Chapter 18A.40 LMC, Land Uses and Interpretation Tables, conditional use permits, whether approved administratively or by the Hearing Examiner, are required for land uses which are appropriate in a zone but typically have certain characteristics such as traffic generation or building mass which warrant imposition of special conditions to ensure compatibility with surrounding properties and overall intent of the comprehensive plan. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.120 Type of action.
As set forth in the procedures in Chapter 18A.20 LMC, Administration, the Department or Hearing Examiner may approve, approve with conditions or deny an administrative conditional use permit or conditional use permit. The Planning and Public Works Director may delegate review and approval of administrative conditional use permits. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.130 Criteria for approval.
A. An administrative conditional use permit or conditional use permit shall be granted by the appropriate review authority, only if the applicant demonstrates that the proposed project will not:
1. Adversely affect the established character of the surrounding vicinity. For the purposes of this section, “character” shall mean the distinctive features or attributes of buildings and site design on adjacent properties and in the vicinity and as articulated in the comprehensive plan, including but not limited to building facade, length, building modulation, building height, roof form, tree cover, types of flora, location of landscaping, size and location of signs, setbacks, amount and location of parking, fencing type, height and location, and the like;
2. Be detrimental to the public health, safety and general welfare; and
3. Be injurious to the property or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located.
B. In granting the proposal, the Department or Hearing Examiner shall ensure the proposed project will be:
1. Consistent with the Lakewood comprehensive plan and applicable subarea plans.
2. Complies with applicable requirements as set forth in LMC at the time of application completeness.
3. The proposal is compatible with and incorporates specific features, conditions or revisions to ensure compatibility with the intensity and character of the property and the immediate vicinity.
4. The proposed use is not materially detrimental to future land uses, transportation and public facilities in which it can be adequately served.
5. The proposed use will not introduce hazardous conditions at the site that cannot be mitigated so as to protect adjacent properties, the vicinity, and the public health, safety and welfare.
6. The conditions set forth are necessary to mitigate the adverse impacts of the proposed project to the environment and adjacent properties. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.140 Conditions of approval.
Repealed by Ord. 820. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.150 Minor and major modifications.
Modifications to an approved administrative conditional use or conditional use permit shall be processed in accordance with the procedures and criteria for such actions as set forth in Chapter 18A.20 LMC. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.160 Time frame for submission of construction permits.
A complete application of all required construction level permits shall have been submitted to the City for approval within the expiration dates established in Chapter 18A.20 LMC for administrative conditional use and conditional use permits. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.170 SEPA-exempt conditional uses.
Repealed by Ord. 820. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.180 Compliance.
Noncompliance with the conditions of either an administrative conditional use or conditional use permit shall be grounds for rehearing before the Hearing Examiner, in addition to fines and penalties. The Hearing Examiner may suspend or revoke a conditional use permit pursuant to this section and/or impose penalties for violation of any of the provisions of this title or original conditions of approval. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.190 Transferability.
An administrative conditional use permit or conditional use permit shall be transferable; provided, that the transferee complies with the conditions. If at any time the permit no longer complies with the conditions of approval, the owner shall be declared in violation of this title and shall be subject to fines and penalties, and the Hearing Examiner may suspend or revoke the permit. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.200 Essential public facilities – Conditional use permit.
A conditional use permit is required for all essential public facilities as listed in LMC 18A.40.060(A). In addition to the regular conditional use permit review criteria, essential public facilities are subject to additional criteria as outlined in LMC 18A.40.060(B)(2). Mental health essential public facilities are also subject to LMC 18A.40.060(B)(4) through 18A.40.060(B)(11). [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.210 Special needs housing – Conditional use permit.
A conditional use permit is required for all special needs housing listed as conditional uses in LMC 18A.40.120. [Ord. 789 § 2 (Exh. A), 2023; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.220 Purpose – Cottage housing.
Cottage housing provides for a specific residential development type (“cottage housing”) featuring modestly sized single-family detached residences with commonly held community amenities, and oriented around commonly held open-space areas. Specific design standards must be met. An increase in allowable density over the maximum density allowed in the underlying zoning district is provided as an incentive to encourage development of this type of housing, and in recognition of the reduced impacts expected from this type of housing versus typical single-family residential development. This housing type is intended to:
A. Promote a variety of housing choices to meet the needs of a population diverse in age, income, household composition, and individual needs.
B. Provide opportunities for more affordable housing choices within single-family neighborhoods.
C. Encourage creation of functional usable open space in residential communities.
D. Promote neighborhood interaction and safety through design.
E. Ensure compatibility with neighboring land uses.
F. Provide opportunities for infill development that supports the growth management goal of more efficient use of urban residential land. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.230 Applicability.
A. Cottage housing is permitted in the R1, R2, R3 and R4 zoning districts. The provisions of individual zoning districts shall be applicable to cottage housing developments; provided, that where a conflict exists, the provisions of this section shall have control.
B. A cottage housing permit is a Type II administrative permit and shall be considered in accordance with the procedures for such permits as set forth in Chapter 18A.20 LMC, Administration. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.240 General provisions.
A. Cottage housing projects are permitted with the approval of a cottage housing development plan. Discrete ownerships may only be created through the residential binding site plan and/or condominium declaration process pursuant to Chapter 64.34 RCW as applicable. Cottage housing development plans shall be subject to review and approval as an administrative review Process Type II permit procedure. Adherence to all applicable development standards shall be determined by the City’s Planning and Public Works Director as a component of the review process.
B. Individual cottage units shall contain at least eight hundred (800) and no more than one thousand six hundred (1,600) square feet of gross floor area. A covenant restricting any increases in unit size after initial construction shall be recorded against the property. Vaulted space shall not be converted into habitable space.
C. A community building of up to two thousand four hundred (2,400) square feet in size, excluding attached garages, may be provided for the residents of the cottage housing development. Roof pitch, architectural themes, materials and colors shall be consistent with those of the dwelling units within the cottage housing development. [Ord. 831 § 2 (Exh. A), 2025; Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.250 Development standards.
Cottage housing development shall be subject to the following development standards:
A. Density.
1. In the R1 and R2 zoning districts, cottage housing development shall be allowed a density not to exceed one and one-half (1.5) times the base density allowed in the underlying zone.
2. On a site to be used for a cottage housing development, existing detached single-family residential structures, which may be nonconforming with respect to the standards of this section, may be permitted to remain at the discretion of the Planning and Public Works (PPW) Director, but the extent of the nonconformity shall not be increased. The number of any such nonconforming dwelling unit(s) shall be multiplied by the factors noted in subsection (A)(1) of this section, and included in calculating the density of the cottage housing development.
3. An applicant for a cottage housing development shall be required to show, through a conceptual site plan, the number of traditional units that could be constructed on the site under conventional development standards and addressing any environmental constraints affecting the property. This number of units shall be used to calculate the maximum number of cottage units that may be constructed on the property.
B. Locational Criteria.
1. The minimum area for a cottage housing project is three-fourths (0.75) acre, which may include more than one (1) contiguous lot.
2. Cottage housing development shall be separated from another cottage housing development by a minimum of four hundred (400) feet measured between the closest points of the subject properties.
C. Site Design.
1. Cottage housing development shall be clustered and shall consist of a minimum of four (4) dwelling units and a maximum of twelve (12) dwelling units.
2. At least seventy-five (75) percent of dwelling units shall abut the common open space.
3. Common open spaces shall have dwelling units abutting at least two (2) sides.
4. Creation of individual lots shall only be permitted through the residential binding site plan process provided in LMC Title 17, Subdivisions, Chapter 17.34 LMC and Chapter 64.34 RCW.
5. Siting of dwelling units or common open space in areas with slopes exceeding fifteen (15) percent is discouraged. Dwelling units shall not be placed in such areas if extensive use of retaining walls is necessary to create building pads or open space areas.
6. Fencing and Screening. The intent of internal decorative fencing and screening is to delineate private yards, screen parking areas and structures, community assets, refuse and recycling areas, and unit walls. A cottage housing development is intended to be an internally open community sharing common areas. The intent of external fencing and screening is to conceal the higher density development from adjacent lower density land uses. Chain link and solid fences shall not be allowed internally. Solid fencing is allowed on the perimeter boundary, except where bordering an external street where streetscape landscaping is required.
D. Setbacks and Building Separation.
1. Dwelling units shall have at least a ten (10) foot front setback, five (5) foot side yard setback and a ten (10) foot rear setback without an alley; zero (0) foot setback with an alley; and three (3) foot reat setback for a garage door accessed from the alley.
2. Dwelling units shall be separated from one another by a minimum of five (5) feet, not including projections.
3. Dwelling units shall maintain a five (5) foot separation between buildings.
5. Dwelling units not abutting or oriented toward a right-of-way shall have a front yard oriented towards the common open space.
6. The approval authority may use appropriate discretion, consistent with the intent of this chapter, in determining orientation of yards.
E. Minimum Lot Size. Beyond the density restrictions listed in this chapter, there is no required minimum lot size for lots created through the subdivision process.
F. Lot Coverage (All Impervious Surfaces). Impervious surfaces shall not exceed fifty (50) percent. Lot coverage shall be calculated for the overall cottage housing development, not for individual lots. Paved components of common open space areas and walkways shall not be counted in lot coverage calculations.
G. Refuse and Recycling. Refuse and recycling containers shall be screened from view by landscaping or architectural screening, and shall not be located in the front yard setback area, or in locations where smells may be offensive to adjacent properties.
H. Pedestrian Network. Within the confines of the cottage housing development a network of pedestrian pathways shall be provided. Connections to the wider neighborhood shall be made where appropriate and allowed. All such pathways shall be accessible by the general public, except that walkways into and through the cottage housing development may be limited to residents and their guests. [Ord. 831 § 2 (Exh. A), 2025; Ord. 813 § 2 (Att. D), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.260 Open space.
A. A minimum of three hundred (300) square feet of common open space shall be provided per dwelling unit.
B. Common open space shall be a minimum of three thousand (3,000) square feet in size, regardless of number of dwelling units.
C. No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than ten (10) feet, unless part of a pathway or trail.
D. In subdivisions and short subdivisions, common open space shall be located in a separate tract or tracts.
E. Required common open space shall be divided into no more than two (2) separate areas per cluster of dwelling units.
F. Common open space shall be improved for passive or active recreational use. Examples may include but are not limited to courtyards, orchards, landscaped picnic areas or gardens. Common open space shall include amenities such as but not limited to seating, landscaping, trails, gazebos, barbecue facilities, covered shelters or water features.
G. Surface water management facilities may be commonly held, but shall not counted toward meeting the common open space requirement.
H. Parking areas, required setbacks, private open space, and driveways do not qualify as common open space area.
I. Landscaping located in common open space areas shall be designed to allow for easy access and use of the space by all residents, and to facilitate maintenance needs. Where feasible, existing mature trees should be retained. [Ord. 831 § 2 (Exh. A), 2025; Ord. 813 § 2 (Att. D), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.270 Building design standards.
A cottage housing development is expected to reflect a coherent and high quality design concept and include architectural elements that ensure compatibility with existing neighborhood development and character. The following design elements are intended to provide compatibility with existing residential environments. Alternative designs may be submitted to the Planning and Public Works (PPW) Director for review and approval, but the Planning and Public Works (PPW) Director must find that any such concepts meet or exceed the design quality of the prescriptive standards, and fulfill the stated purpose and intent of this chapter.
A. Building Height.
1. The maximum building height for dwelling units shall be thirty-five (35) feet.
2. The maximum building height for garages, community buildings, and accessory structures shall be eighteen (18) feet.
B. Roofs.
1. Dwelling units shall have a minimum six to twelve (6:12) roof pitch. Up to thirty-five (35) percent of roof area may have a slope not less than four to twelve (4:12). Portions of a roof with a pitch of less than six to twelve (6:12) shall be limited to architectural features such as dormers, porch roofs and shed roofs.
2. Garages and carports shall have a minimum six to twelve (6:12) roof pitch.
3. Cottages shall be a maximum of two (2) stories. Any upper floor shall be located within the roof structure, not below it, in order to reduce building massing as much as possible.
C. Entries and Porches.
1. Each dwelling unit abutting a public right-of-way (excluding alleys) shall have a primary entry and covered porch a minimum of eighty (80) square feet in size, oriented toward the public right-of-way. If abutting more than one (1) public right-of-way, the developer and City shall collaborate with the project proponent to determine which right-of-way the entrance and covered porch shall be oriented toward.
2. Each dwelling unit shall have an entry and covered porch oriented toward the common open space. If the dwelling unit abuts a public right-of-way, this may be a secondary entrance, and the minimum porch size shall be fifty (50) square feet. If not abutting a public right-of-way, this shall be the primary entrance, and the minimum porch size shall be eighty (80) square feet.
3. Covered porches shall be a minimum of six (6) feet deep.
D. Dwelling units shall not include attached garages.
E. Detached Garages. Each dwelling unit shall have no more than one (1) detached garage. The size of the garage shall not exceed two hundred fifty (250) gross square feet in size. Garages can be combined into one (1) garage structure; however, no garage structure may exceed one thousand (1,000) square feet in size for a total not to exceed four (4) garage spaces.
F. Planning and Public Works Review. The Planning and Public Works Department shall consider all aspects of the project, and shall ensure that the project is well designed and compatible with existing and planned development in the vicinity. Possible topics for review by the Department include (but are not necessarily limited to): building materials and finishes, articulation and modulation, massing, trim details, colors, exterior lighting, special building heights, paving materials, mechanical equipment screening, fencing, tree retention and landscaping. [Ord. 831 § 2 (Exh. A), 2025; Ord. 820 § 4 (Att. C), 2024; Ord. 813 § 2, 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.280 Parking.
A. A maximum of one (1) parking space per cottage shall be provided for the entire development. An additional fifteen (15) percent of total required spaces shall be designated for guests. If the lot is within one-half (1/2) mile of a major transit stop, defined as a stop for commuter rail or bus rapid transit, no parking is required if adequate provision of on-street parking facilities is available.
B. All or a portion of new on-street parking provided as a component of the development may be counted towards minimum parking requirements if the approval authority finds that such parking configuration will result in adequate parking, and is compatible with the character and context of the surrounding area.
C. Carports are prohibited in cottage housing development.
D. Shared Detached Garages and Surface Parking Design. Parking areas should be located so their visual presence is minimized and associated noise or other impacts do not intrude into public spaces. These areas should also maintain the single-family character along public streets.
1. Shared detached garage structures may not exceed four (4) garage doors per building, and a total of one thousand (1,000) square feet.
2. For shared detached garages, the design of the structure must be similar and compatible to that of the dwelling units within the development.
3. Shared detached garage structures and surface parking areas must be screened from public streets and adjacent residential uses by landscaping consistent with LMC 18A.60.160, or architectural screening.
4. Shared detached garage structures shall be reserved for the parking of vehicles owned by the residents of the development. Storage of items which preclude the use of the parking spaces for vehicles is prohibited.
5. Surface parking areas may not be located in clusters of more than four (4) spaces. Clusters must be separated by a distance of at least twenty (20) feet.
6. The design of garages must include roof lines similar and compatible to that of the dwelling units within the development.
7. Parking lots shall be set back at least twenty (20) feet from front property lines and ten (10) feet from external side and rear property lines.
8. Garage doors shall not be oriented toward a public right-of-way with the exception of an alley.
9. Garages shall not be located between the common open space and the dwelling units. [Ord. 831 § 2 (Exh. A), 2025; Ord. 813 § 2 (Att. D), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.290 Common area maintenance.
Cottage housing development shall be required to implement a mechanism, acceptable to the approval authority, to ensure the continued care and maintenance of all common areas including common open space, parking, surface water management facilities (if applicable) and any other common area or shared facilities. Such a mechanism shall include creation of either a homeowners’ or condominium association with authority and funding necessary to maintain the common areas. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.300 Low impact development standards.
A. The proposed site design shall incorporate the use of low impact development (LID) strategies to meet storm water management standards. LID is a set of techniques that mimic natural watershed hydrology by slowing, evaporating/transpiring, and filtering water, which allows water to soak into the ground closer to its source. The design should seek to meet the following objectives:
1. Preservation of natural hydrology.
2. Reduced impervious surfaces.
3. Treatment of storm water in numerous small, decentralized structures.
4. Use of natural topography for drainage ways and storage areas.
5. Preservation of portions of the site in undisturbed, natural conditions.
6. Reduction of the use of piped systems.
B. Whenever possible, site design should use multifunctional open drainage systems such as vegetated swales or filter strips which also help to fulfill landscaping and open space requirements. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.310 Modifications.
A. Applicants may request modifications to the open space, site design, design standards, setbacks and parking provisions of this chapter. The approval authority may modify the above referenced provisions of this chapter if both of the following apply:
1. The site is constrained due to unusual shape, topography, easements or critical areas; and
2. The modification will not result in a project that is less compatible with neighboring land uses than would have occurred under strict adherence to the provisions of this chapter.
B. The approval authority may permit modifications to the building design standards if it finds the alternative design concept provides a high level of design quality and compatibility with the character of the surrounding neighborhood. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.320 Authority.
A. The execution of a development agreement is a proper exercise of City police power and contract authority. The City may consider, and enter into, a development agreement with a person having ownership or control of real property within the City limits. The City may consider a development agreement for real property outside of the City limits but within the urban growth area (“UGA,” as defined in RCW 36.70A.030(15)), or as designated by the county pursuant to RCW 36.70A.110 as part of a proposed annexation or a service agreement.
B. A development agreement shall be consistent with applicable development regulations adopted by the City under Chapter 36.70A RCW. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.330 Process type of action.
18A.30.340 Content.
A. The development agreement must include the following:
1. The development standards and other provisions that shall apply to and govern and vest the development, use and mitigation of the development of real property for the duration of the agreement;
2. Project components which define and detail the permitted uses, residential densities, nonresidential densities and intensities, building sizes, or nonresidential floor area;
3. Location of buffers, landscaping or open space;
4. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, local ordinance, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
5. Mitigation measures, development conditions and other requirements of Chapter 43.21C RCW;
6. Design standards such as architectural treatment, maximum heights, setbacks, landscaping, drainage and water quality requirements and other development features;
7. Provisions for affordable housing;
8. Parks and common open space preservation;
9. Review procedures and standards for implementing decisions;
10. A build-out or vesting period for application standards;
11. Any other appropriate development requirement or procedure which is based upon a City policy, rule, regulation or standard; and
12. Phasing.
B. The development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to the public health or safety. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.350 Application.
Consideration of a development agreement may be initiated by City Council, City staff, or applicant. Any person may personally, or through an agent, propose a development agreement regarding property he or she owns. The applicant shall file a complete development agreement application pursuant to Chapter 18A.20 LMC. At minimum, such application shall include a copy of the proposed agreement, applicable fee, names and address of all current owners of real property, and all real property within three hundred (300) feet of each boundary of the subject property as shown in the records of the County Assessor, and a vicinity map showing the subject property with enough information to locate the property within the larger area. In addition, the applicant may be required to submit any additional information or material that the Director determines is reasonably necessary for a decision on the matter. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.360 Timing of public hearings.
Any development agreement associated with a specific project or development plan shall be heard by the City Council prior to consideration of any related project application. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.370 Notice.
18A.30.380 Staff report.
The Planning and Public Works Director or their designee shall prepare a staff report for the public hearing by the City Council containing all pertinent application materials, all comments regarding the matter received by the Department prior to distribution of the staff report, an analysis of the application under the relevant provisions of this chapter and state law, and a recommendation on the matter. At least seven (7) calendar days before the hearing, the Department shall distribute the staff report to the applicant and parties of record. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.390 Public hearing and City Council action.
The City Council shall consider the proposed development agreement at and following the public hearing. The decision of the City Council on a development agreement is the final decision of the City. Notice of the final decision by the City Council shall be mailed to the applicant, to any person who submitted comments to the City Council, and to any other person who has specifically requested it. A development agreement shall be recorded with the Pierce County Records Department. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.400 Term of agreement.
During the term of the development agreement, the agreement is binding on the parties and their successors. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. The development agreement and the development standards in the agreement govern during the term of the agreement, or for all or part of build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance, development standard, or regulation adopted after the effective date of the agreement. A permit or approval issued by the City after the execution of the development agreement shall be consistent with the development agreement. Amendments to the terms of the development agreement shall be done only by a written instrument executed by all parties pursuant to the procedures of this article, or as may be amended. The City will process and decide upon an application for an amendment upon payment of applicable fees, as if it were an application for a new development agreement. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.410 Purpose – Land use review and approval.
The purpose of this article is to allow for the placement of uses permitted by this title of the Lakewood Municipal Code through a comprehensive land use review process which ensures compliance with the adopted plans, policies and ordinances of the City of Lakewood. It is further intended to provide for the examination of development proposals with respect to overall site design and to provide a means for guiding development in logical, safe and attractive manners. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.420 Process type of action.
18A.30.430 Applicability.
Construction and development of projects reviewed through the land use approval process shall be in strict compliance with the approved site plan and conditions attached thereto. When required by this section, site plan review and land use approval shall be completed and all appeal periods terminated prior to issuance of a building or any other construction permit. Land use approval is required for the following types of projects:
A. Any change of occupancy of a building from one International Building Code group or division of a group to another or a change of use of land;
B. Any new nonresidential and nonagricultural use of land;
C. The location or construction of any nonresidential or nonagricultural building, or any multifamily project in which more than four (4) dwelling units would be contained; and
D. Any addition to such structure or remodel or substantial revision of the site plan associated with such use. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.440 Delegation of authority.
The Director may delegate review and approval of a proposed land use and associated improvements to the Fire Marshal, Planning Manager, Assistant Director, Building Official and/or City Engineer, as deemed appropriate by the Director. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.450 Application – Content.
Each application for land use approval shall contain all required information as set forth in the approved land use application together with the following information:
A. A complete environmental checklist, when required by the State Environmental Policy Act;
B. All fees, signatures and information specified in the approved application form;
C. Complete application(s) for all associated nonconstruction approvals or permits required by this code, including but not limited to concept design review, conditional use approval, shoreline development, site plan review, variance, preliminary plat approval, and rezone. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.460 Application – Review process.
18A.30.470 SEPA.
18A.30.480 Amendments.
A project approved by the Department or Hearing Examiner may be amended at the applicant’s request by the procedures provided under Chapter 18A.20 LMC. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.30.500.]
18A.30.500 Dedication, improvements and performance bond.
As a condition of land use approval, an applicant may be required to dedicate property, construct public improvements, and furnish a performance bond to the City to secure an obligation to complete the provisions and conditions of the project as approved. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.30.510.]
18A.30.510 Final approval – Expiration.
Unless utilized by application for unexpired construction permits or explicitly extended by the Director, the final approval of a land use application shall expire in one (1) year pursuant to LMC 18A.20.100. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.30.520.]
18A.30.530 Purpose.
A planned development district (PDD) is a mechanism by which the City may permit a variety in type, design, and arrangement of structures; and enable the coordination of project characteristics with features of a particular site in a manner consistent with the public health, safety and welfare. A planned development district allows for innovations and special features in site development, including the location of structures, conservation of natural land features, protection of critical areas and critical area buffers, the use of low impact development techniques, conservation of energy, and efficient utilization of open space. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.540 Application.
A. Process. A PDD shall be considered in accordance with the procedures for such permits as set forth in Chapter 18A.20 LMC, Administration.
B. PDD Applications. An application for approval of a PDD shall be submitted to the Planning and Public Works Department in accordance with LMC 18A.20.030.
1. PDD With Subdivision. For those planned development districts that include the division of land, a PDD application shall only be accepted as complete if it is submitted concurrent with an application for preliminary plat approval that includes all information required pursuant to LMC Title 17 and other applicable City regulations.
2. PDD With No Subdivision. A binding site plan is required for all planned development districts that do not require the subdivision of land and associated preliminary plat. Requirements for the binding site plan shall include:
a. Existing Plat. All information recorded on the existing plat;
b. Structures. The location of all proposed structures;
c. Landscaping. A detailed landscape plan indicating the location of existing vegetation to be retained, location of vegetation and landscaping structures to be installed, the type of vegetation by common name and taxonomic designation, and the installed and mature height of all vegetation;
d. Schematic. Schematic plans and elevations of proposed buildings with samples of all exterior finish materials and colors, the type and location of all exterior lighting, signs and accessory structures;
e. Conditions. Inscriptions or attachments setting forth the limitations and conditions of development, as well as an outline of the documents of the owners’ association, bylaws, deeds, covenants and agreements governing ownership, maintenance and operation of the planned development district, shall be submitted with the binding site plan. Planned development district covenants shall include a provision whereby unpaid taxes on all property owned in common shall constitute a proportioned lien on all property of each owner in common. The Department may require that it be a third-party beneficiary of certain covenants with the right but not obligation to enforce association-related documents; and
f. Conformity With Site Plan and Final Plat. Provisions ensuring the development will be in conformance with the site plan and shall include all the required certificates of a final plat.
3. PDD With a Site-Specific Rezone. For those planned development districts that include a site-specific rezone, a PDD application shall only be accepted as complete if it is submitted concurrently with an application for a site-specific rezone that includes all information required per Chapters 1.36 and 1.38 LMC, LMC 18A.30.680, and other applicable City regulations.
C. All PDD Applications. An applicant for a PDD shall submit the following items to the Department, unless the Director finds in writing that one (1) or more submittals are not required due to unique circumstances related to a specific development proposal:
1. Narrative. A detailed narrative that includes:
a. Improvement. A description detailing how the proposed development will provide a net benefit to the City under the City’s land use regulations and how the approval criteria set forth in LMC 18A.30.550 have been satisfied;
b. Public Benefit. A description of how the proposed PDD will benefit the public in a manner greater than that achieved if the project was to be developed using conventional land use regulations;
c. Density Table. A table illustrating the density and lot coverage of the overall development, with the proportion of the site devoted to open space clearly indicated;
d. Uses. A description of the types and numbers of dwelling units proposed and the overall land use density and intensity;
e. Open Space and Recreation. A description of the proposed open space and recreation areas including any proposed improvements, including specific details regarding the ownership and maintenance of such areas;
f. Landscaping. Detailed information regarding all proposed landscaping that is not included on an associated landscaping plan;
g. Modifications. A description of the specific City standards as set forth in the underlying zoning district that the applicant is proposing for modification in accordance with Chapter 18A.20 LMC; and
h. Impacts. A description of potential impacts to neighboring properties and how impacts have been mitigated through site design, screening, buffering and other methods;
2. Site Plan. A site plan with the heading “Planned Development District Site Plan” that includes any additional information that is not included on the standard preliminary plat map, including building footprints, proposed landscaping, open space and parks and/or recreational areas including trails and proposed setbacks;
3. Landscape Plan/Map. A conceptual landscape plan/map showing the proposed location and types of vegetation and landscaping. The landscape plan may also be incorporated into the PDD site plan and narrative;
4. Phases. A phasing plan, if the development will occur in distinct phases, with a written schedule detailing the timing of improvements;
5. Development Agreement. A draft development agreement, if proposed by the applicant or as required by the City; and
6. Conditions. A draft of proposed covenants, conditions and restrictions demonstrating compliance with this chapter.
D. An applicant shall provide sufficient facts and evidence to enable the Hearing Examiner to make a decision. The established fee shall be submitted at time of application. [Ord. 820 § 4 (Att. C), 2024; Ord. 814 § 2, 2024; Ord. 738 § 2 (Exh. A), 2020; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.550 Required findings.
A PDD shall only be granted after written findings have been made that all of the standards and criteria set forth below have been met or can be met subject to conditions of approval:
A. The PDD is consistent with the comprehensive plan; and
B. The PDD, by the use of permitted flexibility and variation in design, is a development practice that results in better urban design features than found in traditional development. Net benefit to the City may be demonstrated by one (1) or more of the following:
1. Placement, type or reduced bulk of structures; or
2. Interconnected usable open space; or
3. Recreation facilities; or
4. Other public facilities; or
5. Conservation of natural features; or
6. Conservation of critical areas and critical area buffers beyond; or
7. Aesthetic features and harmonious design; or
8. Energy efficient site design or building features; or
9. Use of low impact development techniques;
C. The PDD results in no greater burden on present and projected public utilities and services than would result from traditional development and the PDD will be served by adequate public or private facilities including streets, fire protection, and utilities; and
D. The perimeter of the PDD is compatible with the existing land use or property that abuts or is directly across the street from the subject property. Compatibility includes but is not limited to size, scale, mass and architectural design of proposed structures; and
E. Landscaping within and along the perimeter of the PDD is superior to that required by LMC 18A.70.150, and landscaping requirements applicable to specific districts contained in LMC 18A.70.160, and enhances the visual compatibility of the development with the surrounding neighborhood; and
F. At least one (1) major circulation point is functionally connected to a public right-of-way; and
G. Open space within the PDD is an integrated part of the project rather than an isolated element of the project; and
H. The design is compatible with and responds to the existing or intended character, appearance, quality of development and physical characteristics of the subject property and immediate vicinity; and
I. Roads and streets, whether public or private, within and contiguous to the site comply with guidelines for construction of streets; and
J. Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed project and in the vicinity of the proposed project; and
K. Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, open space, recreation space, landscaping and utility area necessary for creating and sustaining a desirable and stable environment; and
L. In permitting a PDD, additional conditions may also be imposed as follows:
1. Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.
2. Establish a special yard or other open space or lot area or dimension.
3. Limit the height, size or location of a building or other structure.
4. Designate the size, number, location or nature of vehicle access points.
5. Increase the amount of street dedication, roadway width or improvements within the street right-of-way.
6. Designate the size, location, screening, drainage, surfacing or other improvement of parking or truck loading areas.
7. Limit or otherwise designate the number, size, location, and height of lighting of signs.
8. Limit the location and intensity of outdoor lighting or require its shielding.
9. Require screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.
10. Design the size, height, location or materials for a fence.
11. Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.
12. Require provisions for public access, physical and visual, to natural, scenic and recreational resources.
13. Require provisions for storm water drainage including designating the size, location, screening, or other improvements of detention ponds and other facilities.
14. Impose special conditions on the proposed development to ensure that development is in conformance with the surrounding neighborhood and the intent and purpose of the zoning district classification.
15. Require such financial guarantees and evidence that any applied conditions will be complied with. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.30.560.]
18A.30.560 Minimum size.
Planned development districts may be located on lots of two (2) acres or greater; when necessary, the applicant must demonstrate the preservation of a significant natural feature (examples: wetlands, tree preservation, creeks and steep slopes), enhanced urban design, or amenity by the use of the planned development district process. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.30.580.]
18A.30.570 Permitted modifications.
All zoning, site development, and subdivision requirements may be modified in a planned development district in the interest of the expressed purposes above except:
A. Permitted uses and conditional uses;
B. Street setbacks on exterior streets in residential zones;
C. Surveying standards; and
D. Engineering design and construction standards of public improvements but not including street right-of-way width. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.30.590.]
18A.30.580 Permitted residential density and lot sizes.
A. The number of dwelling units permitted in a planned development district may exceed the development standards found in LMC 18A.60.030. The permitted density shall be the maximum number of dwelling units allowed per gross acre (DUA) and shall be as follows:
B. The minimum lot sizes in gross square feet (GSF) for the residential zoning districts subject to the planned development district overlay shall be as follows:
C. The residential density and lot size standards of all other zoning districts are not subject to change. [Ord. 820 § 4 (Att. C), 2024; Ord. 738 § 2 (Exh. A), 2020; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.30.600.]
18A.30.590 Required open space and recreation facilities.
In planned development districts, twenty (20) percent of the net development area shall be established as open space and/or planned development district community recreation facilities. Upon approval of the Hearing Examiner, up to five (5) percent of the unbuildable land may be considered for inclusion in the required open space land upon a showing that such lands can and will be used for a specified recreational purpose. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.30.610.]
18A.30.600 Multiple zoning districts.
If a planned development district is proposed within two (2) or more zoning districts, the maximum number of dwelling units will be the total allowed in each zone combined. The permitted land uses of the more restrictive zone shall apply to the entire planned development district. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.30.620.]
18A.30.610 Phased development.
If a planned development district is planned to be completed in more than two (2) years from the date of preliminary plat/site plan approval, the planned development district will be divided into phases or divisions of development, numbered sequentially in the order construction is to occur. The binding site plan for each phase shall be approved separately. Each division of development in a multiphase planned development district shall meet all the requirements of a planned development district independently. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.30.630.]
18A.30.640 Required certificates and approvals.
Repealed by Ord 738. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.670 Authority.
The City Council may, upon its own motion, amend, supplement or change by ordinance, any of the provisions, use district boundaries or use district classifications herein established.
In the case of site-specific rezones which do not require a comprehensive plan amendment, and privately initiated rezones which require a comprehensive plan amendment, the Council shall first review the recommendation of the Planning Commission.
Accordingly, the Department shall forward all proposed text amendments and rezone, i.e., zoning map amendment, proposals to the Planning Commission for review and recommendation, and to the City Council for consideration, review and action. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.680 Site-specific rezone procedures.
In the case of site-specific rezones which do not require a comprehensive plan amendment, the rezone application review shall follow the procedures outlined in this chapter and in LMC 18A.20.310. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.690 Collection of rezone applications.
Site-specific rezone applications may be submitted at any time. However, for review purposes, such proposals will be collected into two (2) sets in each calendar year. Unless otherwise specifically authorized by the City Council:
A. Proposals submitted between April 1st and September 30th shall be considered collectively and voted upon by the City Council by March 31st of the following year.
B. Proposals submitted between October 1st and March 31st shall be considered collectively and voted upon by the City Council by September 30th of the same year.
C. Proposals will be considered no more than twice each year.
D. Time limits for review shall be as established in Chapter 18A.20 LMC. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.695.10 Purpose.
The purpose of this chapter is to establish procedures and decision criteria which the City of Lakewood’s Hearing Examiner will utilize in reviewing quasi-judicial rezone applications. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.695.20 Applicability.
A. Parcel. The rezone procedure set forth in this chapter is only available to parcel(s) of land that are located within areas of the City.
B. Planned Development District. The Examiner may consider a rezone application only when it is accompanied with an application for a planned development district (PDD).
C. Comprehensive Plan. The rezone procedure cannot be used to change the land use designation of parcels designated in the comprehensive plan. Changes in land use designation must be requested pursuant to the provisions of Chapter 18A.30 LMC, Article I. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.695.30 Application requirements.
A. Preliminary Review. The provisions for conducting a preliminary review of a proposed rezone are set forth in LMC 18A.30.030.
B. Application Filing.
1. Completeness Review. Rezone applications shall be reviewed for completeness in accordance to Chapter 18A.20 LMC.
2. Application Site Plan. All rezone applications shall include a site plan that identifies the exact boundaries of the proposed rezone area. Such site plan shall also indicate the relationship of the proposed rezone to the related PDD proposal.
3. Limitations on Refiling. Applications for a rezone pursuant to this chapter shall not be accepted if a similar rezone has been denied on the same site within the past twelve (12) months from the date of final action. This time period may be waived or modified if the Director or Examiner finds that special circumstances warrant earlier reapplication.
4. Fees. Fees for any rezone application filed pursuant to this title are set forth in the City-adopted official fee schedule. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.695.40 Public notice.
Public notice provisions for notice of application, public hearing, and final decision pursuant to this chapter are outlined in Chapter 18A.20 LMC, Article III, Public Notice Requirements. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.695.50 Review.
A. Initial Review. The Department shall conduct an initial review of any rezone application in accordance with the provisions outlined in LMC 18A.30.695.30.
B. Public Hearing Required. The Department shall set a date for a public hearing before the City Hearing Examiner after all requests for additional information or plan correction, as set forth in Chapter1.36 LMC, General Provisions, and Chapter 18A.20 LMC, Article IV, have been satisfied and a SEPA threshold determination has been issued. The public hearing shall follow the procedures set forth in LMC 18A.30.340.
C. Decision Criteria. The Hearing Examiner may approve an application for a rezone only if all of the following criteria are met:
1. Comprehensive Plan. The proposed rezone is consistent with the purpose and intent of the comprehensive plan, respective community(ies) plan, PDD approval criteria contained in LMC 18A.30.560, and other applicable regulations;
2. Health, Safety and Welfare. The proposed rezone bears a substantial relation to public health, safety, or welfare;
3. Best Interest. The proposed rezone is in the best interest of the residents of the City and the surrounding community(ies); and
4. Appropriate. The proposed rezone is appropriate because of one of the following:
a. Conditions in the immediate vicinity have so markedly changed since the property was given its present zoning and that under those changed conditions a rezone is within the public interest; or
b. The rezone will correct a zone classification or zone boundary that was inappropriate when established.
D. Time Period for Final Decision. The provisions for issuing a notice of final decision on any rezone application filed pursuant to this chapter are set forth in LMC 18A.30.690. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.695.60 Burden of proof.
The applicant has the burden of proving that the rezone meets the criteria of LMC 18A.30.695.50. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.695.70 Examiner’s authority.
A. Approval. The Examiner may approve an application for a rezone, approve with additional requirements above those specified in this title, or require modification of the proposal to comply with specified requirements or local conditions.
B. Denial. The Examiner shall have the authority to deny a rezone application when, in the opinion of the Examiner, the criteria established have not been met.
C. Expiration Dates. The Examiner has the authority, as part of the approval of the rezone, to establish expiration dates or time periods within which the approval must be exercised. Upon expiration, the approval shall be considered null and void. The expiration time period above may be extended by the Examiner provided such request has been made prior to the expiration date, in the following situations:
1. If the applicant can demonstrate to the Examiner that there have been unusual circumstances beyond their control to cause delay in the project, the time period may be extended by one (1) year; or
2. The Examiner has the authority to grant a single one (1) year time period extension. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.695.80 Appeals.
Procedures for appeal of a Hearing Examiner decision on a rezone issued pursuant to this title are set forth in Chapter 18A.20 LMC, Article IV. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.695.90 Compliance with conditions.
Compliance with conditions established in a rezone is required. Any departure from the conditions of approval or approved plans constitutes a violation of this title and shall be subject to enforcement actions and penalties (see LMC 18A.20.105). [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.700 Purpose.
The provisions of this article are designed to provide standards and criteria for temporary relief to situations resulting from strict application of this title. Provisions authorizing temporary uses are intended to permit occasional temporary uses, activities and structures when consistent with the purpose of this title and when compatible with the general vicinity and adjacent uses. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.710 Permitted uses.
The following types of temporary uses, activities and associated structures may be authorized, subject to specific limitations in this section and such additional conditions as may be established by the Director:
A. Circuses, carnivals, rodeos, fairs or similar transient amusement or recreational activities.
B. Christmas tree sales lots, flower stands, and similar seasonal sales facilities limited to location on nonresidential lots in commercial or industrial zoning districts. Specific facilities that are reestablished on the same site and at the same intensity every year may be reauthorized as a minor amendment to the original permit.
C. Mobile home residences used for occupancy by supervisory and security personnel on the site of an active construction project.
D. Temporary use of mobile trailer units or similar portable structures for nonresidential purposes, located in districts where the intended use is permitted.
E. Seasonal retail sales of agricultural or horticultural products raised or produced off the premises, permitted in commercial or industrial zoning districts only.
F. Neighborhood or community garage or rummage sales, block parties, parades or holiday celebrations, and other similar neighborhood or community activities. The Director may exempt certain fund-raising or other activities by nonprofit organizations from the permit requirements of this section where it is determined that the proposed activity is not likely to have adverse impacts on surrounding land uses or the community in general.
G. The Director may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in compliance with the requirements and findings of this section. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.720 Exemptions.
The following temporary uses, activities and structures may be exempted from the requirement to obtain a temporary use permit upon the determination by the Director that the use, activity or structure is expected and/or normal or customary for the facility or property where it is occurring, and that the expected impacts of the use, activity or structure have been anticipated or are regulated directly by other sections of this code:
A. Model homes or apartments and related real estate sales and display activities located within a subdivision or residential development to which they pertain.
B. Indoor or outdoor art and craft shows and exhibits, swap meets and flea markets, limited parking lot and sidewalk sales and displays, warehouse sales and similar activities limited to locations on properties in commercial or industrial districts, where such activities have been anticipated and/or are considered customary for the facility, and which do not result in significant impacts on adjacent public and private properties and are conducted by the business licensed for the property. Parking lot sales that displace or interfere with required off-street parking shall require a temporary use permit.
C. Contractor’s office, storage yard and equipment parking and servicing on or adjacent to the site of an active construction project; provided that the Director may require a temporary use permit or condition such facilities to resolve site-specific issues. This exemption does not include caretaker quarters or other residential uses or dwellings, which are otherwise regulated.
D. The Director may authorize automatic or abbreviated renewal provisions for any temporary use permit. Such provisions shall be specified in the terms of the original permit. [Ord. 726 § 2 (Exh. B), 2019.]
18A.30.730 Application and authorization.
A. A temporary use permit shall be considered in accordance with the procedures for such permits as set forth in Chapter 18A.20 LMC, Administration.
B. Temporary use applications shall be on a form prescribed by the Planning and Public Works Department and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the Director to make a decision. The established fee shall be submitted at time of application.
C. Applications for temporary use permits shall be filed with the Department. Application shall be made at least fifteen (15) days prior to the requested date for commencement of the temporary use.
D. A temporary use authorized pursuant to this section shall be subject to all of the applicable standards of LMC 18A.30.740, Standards, and shall not be exempted or relieved from compliance with any other ordinance, law, permit or license applicable to such use, except where specifically noted. [Ord. 820 § 4 (Att. C), 2024; Ord. 814 § 2, 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.740 Standards.
A. Each site occupied by a temporary use shall be left free of debris, litter or other evidence of temporary use upon completion or removal of the use.
B. A temporary use conducted in a parking facility shall not occupy or remove from availability more than twenty (20) percent of the spaces required for the permanent use.
C. Each site occupied by a temporary use must provide or have available sufficient off-street parking and vehicular maneuvering area for customers. Such parking must provide safe and efficient interior circulation and ingress and egress from the public right-of-way.
D. No temporary use shall occupy or use public rights-of-way, parks or other public lands in any manner unless specifically approved by the City Council.
E. No temporary use shall occupy a site or operate within the City for more than forty-five (45) days within any calendar year, except as follows:
1. When authorized by the Director, a temporary use may operate an additional forty-five (45) days if it is found that such an extension will be consistent with the requirements of LMC 18A.30.700, Purpose, LMC 18A.30.710, Permitted uses, and this section.
2. A temporary use may be provided an additional extension if unique circumstances exist that necessitate a longer use such as construction office or security housing for an active construction site and such an extension will be consistent with the requirements of LMC 18A.30.700, Purpose, LMC 18A.30.710, Permitted uses, and this section.
3. Hosting the homeless by a religious organization is permitted for a total of six (6) months during a year, with a three (3) month separation required between continuous hosting terms of a maximum of four (4) months at any one (1) time.
F. All signs shall comply with the requirements of Chapter 18A.100 LMC, Signs, except as otherwise specified in this section.
G. All temporary uses shall obtain all required City permits, licenses or other approvals, prior to occupancy of the site.
H. The Director may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, time and frequency of operation, setbacks, special yards, and spaces; control of points of vehicular ingress and egress, temporary arrangements for parking, loading and traffic circulation, requirements for screening or enclosure, site maintenance during use, and guarantees for site restoration and cleanup following temporary use.
I. Subsequent temporary use permits may be denied to an applicant, event or organization based on failure to comply with the terms of an approved temporary use permit or applicable regulations. [Ord. 813 § 2 (Att. D), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.750 Criteria for granting approval.
A temporary use permit shall only be granted when the Director, after consultation and coordination with all other applicable City departments and other agencies, has determined that:
A. The temporary use will be compatible with uses in the general vicinity and on adjacent properties.
B. The temporary use will not create a material adverse effect on the livability or appropriate development of abutting properties and the surrounding community.
C. The temporary use will not impair the normal, safe and effective operation of a permanent use on the same site.
D. The temporary use will comply with the requirements of the zone within which it is proposed.
E. The temporary use shall comply with all applicable standards of the Tacoma-Pierce County Health Department, if applicable.
F. In applying temporary use criteria and determination of appropriate conditions, consideration shall be given but not limited to:
2. The availability of public facilities and utilities;
3. The harmful effect, if any, upon a desirable neighborhood character;
4. The generation of traffic and the capacity of surrounding streets and roads;
5. The creation of noise, vibration, odors, or other similar nuisances; and
6. Any other relevant impact on the peace, quiet, comfort, and enjoyment by and of the abutting properties and the surrounding community. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.760 Decision.
18A.30.840 Purpose.
The intent of this section is to provide an avenue of relief where, by reason of exceptional configuration, or by reason of other unique and extraordinary situations or conditions existing on a piece of property, the strict application of development regulations enacted under this title would result in peculiar, exceptional and undue hardship upon the owner of such property, which was not the result of actions of the applicant, property owner or a previous property owner or agent. Any variance request shall follow the procedures identified in Chapter 18A.20 LMC and other applicable LMC standards for approval. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.850 Process type of action.
18A.30.860 Limitations.
A variance shall not relieve an applicant from any of the procedural provisions of Chapter 18A.20 LMC and applicable development regulations and conditions of approval established during prior permit review. The variance process shall not allow the establishment of a use that is not otherwise permitted in the zoning district in which the proposal is located or allow development that would result in an increase in density or a reduction in the minimum lot size. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019.]
18A.30.870 Required findings.
A. Before any variance is granted, the approval authority as established in LMC 18A.20.080 shall find that the following circumstances exist:
1. That the proposed variance will not amount to a rezone or constitute a change in the district boundaries shown on the official zoning map;
2. That because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, the variance is necessary to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located;
3. That the special conditions and circumstances do not result from the actions of the applicant;
4. That granting of the variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property is located;
5. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; and
6. That the variance is the minimum variance necessary to provide the rights and privileges described above. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.30.880.]
18A.30.880 Additional conditions of approval.
Before granting a variance, the appropriate approval authority as established in Chapter 18A.20 LMC may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this title shall not be violated. Noncompliance with the conditions of the permit shall be grounds for rehearing before the Hearing Examiner, in addition to fines and penalties under Chapter 1.44 LMC, General Penalties. The Hearing Examiner may suspend or revoke a variance pursuant to this section for violation of any of the provisions of this title or original conditions of approval. [Ord. 820 § 4 (Att. C), 2024; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.30.890.]
18A.30.890 Purpose.
Certain unusual uses which are not identified in and not similar to another use or accessory use identified in this title may be allowed by the Hearing Examiner if such use will have no detrimental effect on other properties in the vicinity. In authorizing uses of this type, the Hearing Examiner shall impose limits and conditions necessary to safeguard the health, safety and general welfare of those persons that might be affected by the use. [Ord. 820 § 4 (Att. C), 2024; Ord. 794 § 2 (Exh. A), 2023; Ord. 726 § 2 (Exh. B), 2019. Formerly 18A.30.900.]