Lakewood City Zoning Code

18A.50 Overlay

Districts

18A.50.005 Definitions.

See LMC 18A.10.180 for definitions relevant to this chapter. [Ord. 726 § 2 (Exh. B), 2019.]

Article V. Lakewood Overlay Districts Map

[Ord. 813 § 2 (Att. D), 2024; Ord. 726 § 2 (Exh. B), 2019.]

18A.50.010 Purpose.

The Flood Hazard Overlay (FHO) is intended to identify and recognize those areas of the City subject to the hazards of periodic flooding and to establish special standards and regulations to guide development and reduce personal injury, property damage and loss of life from flooding in those areas. This overlay shall apply to all areas of special flood hazards within the incorporated areas of the City of Lakewood as identified on Flood Insurance Rate Maps, Flood Boundary Maps, and Floodway Maps. In advancing these principles and the general purposes of the comprehensive plan, the specific objectives are to:

A. Promote the general health, welfare and safety of the City’s residents, and protect human life and property from the dangers of flooding.

B. Prevent the establishment of certain structures and land uses unsuitable for human habitation because of the danger of flooding, unsanitary conditions or other hazards.

C. Minimize the need for rescue and relief efforts associated with flooding.

D. Help maintain a stable tax base by providing for sound use and development in flood-prone areas and to minimize prolonged business interruptions, and future blight areas.

E. Minimize damage to public facilities and utilities located in flood hazard areas.

F. Ensure that potential home and business buyers are notified that property is in a flood area.

G. Minimize expenditure of public money for costly flood relief, damage repair and flood control projects.

H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

I. Qualify the City of Lakewood for participation in the National Flood Insurance Program, thereby giving citizens and businesses the opportunity to purchase flood insurance.

J. Maintain the quality of water in rivers, streams, and lakes and their floodplains so as to protect public water supplies, areas of the Public Trust, and wildlife habitat protected by the Federal Endangered Species Act.

K. Retain the natural channel, shoreline, and floodplain creation processes and other natural floodplain functions that protect, create, and maintain habitat for threatened and endangered species.

L. Prevent or minimize loss of hydraulic, geomorphic, and ecological functions of floodplains and stream channels. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.020 Applicability.

A. Establishment of Flood Zones. This section shall apply to the areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in a scientific engineering report entitled “The Flood Insurance Study for the Unincorporated Areas of Pierce County, WA, Vols. 1 and 2,” dated March 7, 2017, as amended with an accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary Maps, and any revisions thereto, and all protected areas within the City are hereby adopted by reference and declared to be a part of this article. The Flood Insurance Study shall be kept on file by the City Engineer. The best available information for flood hazard area identification, as outlined in this article, shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized in administration of this article.

B. Noncompliance. No structure or land shall hereafter be developed, converted, altered, constructed, or located without full compliance with the terms of this article and other applicable regulations. Violations of the provisions of this article are subject to the penalties identified in this title.

C. Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and other code, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

D. Interpretation of FIRM Boundaries. The Director shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards. In the interpretation and application of this article, all provisions shall be:

1. Considered to constitute minimum requirements.

2. Liberally construed in favor of the public trust.

3. Deemed neither to limit nor repeal any other powers granted under state statutes. A party contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretations as provided in this code.

E. Disclaimer of Liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on occasion. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City of Lakewood, or any officer or employee thereof, or FEMA for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.030 Administration.

A. Establishment of Building Permit and Land Use Permit. A building permit and zoning certification shall be required in conformance with the provisions of this article for all structures including manufactured homes and all other development including fill and other activities.

A certificate of occupancy or final inspection approval for a new or substantially improved structure or an addition shall not be issued until:

1. The applicant provides a completed, signed and sealed Elevation or Floodproofing Certificate showing finished construction data in accordance with this title.

2. If a mitigation plan is required, all work identified in the plan has been completed according to the plan’s schedule.

3. The applicant provides copies of all required federal, state and local permits as noted in the application.

4. All provisions of this title have been met.

B. A floodplain development agreement shall be obtained before any construction or development begins within the Regulatory Floodplain. Application for a floodplain development agreement shall be made on forms prescribed by the City and shall include:

1. A site plan, drawn to scale, showing:

a. The nature, location, dimensions and elevations of the property in question.

b. Names and location of all lakes, water bodies, water ways and drainage facilities within three hundred (300) feet of the site.

c. The elevations of the ten (10), fifty (50), one hundred (100) and five hundred (500) year floods, where the data are available.

d. The boundaries of the Regulatory Floodplain, SFHA, floodway, riparian habitat zone, and channel migration area delineated in accordance with the provisions of this title.

e. The proposed drainage system including, but not limited to, storm sewers, overland flow paths, detention facilities and roads.

f. Existing and proposed structures, fill, pavement and other impervious surfaces, and sites for storage of materials.

g. All wetlands.

h. Designated fish and wildlife habitat conservation areas.

i. Existing vegetation and proposed vegetation.

j. Description of the extent to which any water course will be altered or relocated as a result of proposed development.

2. If the proposed project involves regrading, excavation or filling, the site plan shall include proposed post-development terrain at one (1) foot contour intervals.

3. If the proposed project includes a new structure, substantial improvement, or repairs to a substantially damaged structure that will be elevated, the application shall include the flood protection elevation (FPE) for the building and site and the proposed elevations of the following:

a. The top of bottom floor (including basement, crawlspace or enclosure floor).

b. The top of the next higher floor.

c. The top of the slab of an attached garage.

d. The lowest elevation of machinery or equipment servicing the structure.

e. The lowest adjacent (finished) grade next to the structure.

f. The highest adjacent (finished) grade next to the structure.

g. The lowest adjacent grade at the lowest elevation of a deck or stairs, including structural support.

4. If the proposed project includes dry flood-proofing of a new structure, substantial improvement, or repairs to a substantially damaged nonresidential structure, the application shall include the flood protection elevation (FPE) for the building site. The elevation shall be noted in relation to the datum of the effective FIRM and the applicant shall provide certification by a registered professional engineer or licensed architect that the dry flood-proofing methods meet the criteria in accordance with this title.

5. If there has been no start of construction, a floodplain development agreement shall expire one (1) year after the date of issuance. Where the applicant documents a need for an extension beyond this period due to circumstances beyond the applicant’s control, the Director may authorize one or more extensions.

C. Administrative Officials. The Director, the City Engineer and the Building Official shall jointly administer and implement this article by granting or denying permit applications in accordance with its provisions.

D. Duties and Responsibilities. The duties of the administrative officials shall include, but not be limited to the following:

1. Review all permit and land use applications to determine that the requirements of this article have been satisfied.

2. Review all applications to insure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

3. Review all applications in the area of special flood hazard to determine if the proposed development adversely affects the flood-carrying capacity of the area.

4. Review all applications to determine if the proposed development is located in the special flood hazard area or protected area and ensure that the provisions of this title are met.

E. Use of Other Base Flood Data. When base flood elevation data has not been established, the City shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, as criteria for requiring that new construction, substantial improvements, or other development in Zone A comply with LMC 18A.50.070(B)(1), (B)(2), and (B)(3).

1. Where base flood elevation data is provided by FEMA or required by this article, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures and whether or not the structure contains a basement.

2. For all new or substantially improved flood-proofed structures:

a. Verify and record the actual elevation (in relation to mean sea level) to which the structure was flood-proofed; and

b. Maintain the flood-proofing certifications required in LMC 18A.30.070.

3. Maintain for public inspection all records pertaining to the provisions of this article.

4. The Director shall submit reports to include the projects for which they issue floodplain development agreements, including effects to flood storage, fish habitat and all indirect effects of development and mitigation provided, to FEMA as required for the National Flood Insurance Program. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.040 Alteration of water courses.

A. The Director shall notify adjacent jurisdictions and the state Department of Ecology or successor agency prior to any alteration or relocation of a water course, and submit evidence of such notification to FEMA.

B. Require that maintenance be provided within the altered or relocated portion of said water course so that the flood carrying capacity is not diminished. If the maintenance program does not call for cutting of native vegetation, the system shall be oversized at the time of construction to compensate for said vegetation growth or any other natural factor that may need future maintenance.

C. An applicant for a project that will alter or relocate a water course shall submit a request for a conditional letter of map revision (CLOMR) where required by FEMA. The City shall not grant any permit unless FEMA issues the CLOMR and the provisions of the letter are made a part of the permit requirements. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.050 Interpretation of FIRM boundaries.

A. The City Engineer shall interpret the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions.

B. Any person contesting a flood area boundary may appeal the interpretation as provided in this title.

C. An appeal of the location of a flood area boundary shall consider all technical evaluations, all relevant factors, standards specified in other sections of this title, and:

1. The danger that material may be swept onto other lands to the injury of others.

2. The danger potential to life and property due to flooding or erosion damage.

3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

4. The importance of the services provided by the proposed facility to the community.

5. The necessity to the facility of a waterfront location, where applicable.

6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the comprehensive plan for that area.

9. The safety of access to the property in times of flood for ordinary and emergency vehicles.

10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets and bridges.

D. The City may attach such conditions to the granting of variances hereunder as deemed necessary to further the purposes of this article.

E. The City shall maintain records of all appeal actions and report any variances to FEMA upon request.

F. All requests to FEMA to revise or change the flood hazard data, including requests for a letter of map revision and a conditional letter of map revision shall be reviewed by the administrative officials prior to submittal to FEMA.

1. The administrative officials shall not sign any community acknowledgment form for any requests based on filling or other development, unless the applicant for the letter documents that such filling or development is in compliance with this title.

2. The administrative officials shall not approve a request to revise or change a floodway delineation until FEMA has issued a conditional letter of map revision that approves the change.

G. If an applicant disagrees with the regulatory data prescribed by this title, he/she may submit a detailed technical study needed to replace existing data with better data in accordance with FEMA mapping guidelines. If the data in question are shown on the published FIRM, the submittal must also include a request to FEMA for a conditional letter of map revision.

H. All new hydrologic and hydraulic flood studies conducted pursuant to this article shall consider future conditions and the cumulative effects from anticipated future land use changes. This review shall be in accordance with Regional Guidance for Hydrologic and Hydraulic Studies in Support of the Model Ordinance for Floodplain Management under the National Flood Insurance Program and the Endangered Species Act, FEMA Region X, 2012. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.060 Variances – Flood hazard overlay.

A. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.

B. Variances shall not be issued within a designated floodway if the proposed development would result in any increase in flood levels during the base flood discharge.

C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

D. Variances shall only be issued upon:

1. A showing of good and sufficient cause.

2. A determination that failure to grant the variance would result in exceptional hardship to the applicant.

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

E. Any applicant to whom a variance is granted shall be given written notice of the required lowest floor elevation stated in feet below the base flood elevation. Applicants shall be made aware that the cost of flood insurance will be commensurate with the risk resulting from the reduced lowest flood elevation.

F. Variance Time Limit. Authorization of a variance shall be void after six (6) months unless the new construction, substantial improvement or approved activity has taken place. However, the Director may, at his discretion, extend authorization for one (1) additional six (6) month period upon request. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.070 Provisions for flood hazard reduction.

A. General Standards. In all areas of special flood hazards, the following standards shall apply for all new construction and substantial improvements or other development:

a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

b. All manufactured homes must be anchored to prevent flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:

i. Over-the-top ties be provided at each end of the manufactured home, with two (2) additional ties per side at intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side.

ii. Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side.

iii. All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and

iv. Additions to the manufactured home shall be similarly anchored.

c. An alternative method of anchoring may involve a system designed to withstand a wind force of ninety (90) miles per hour or greater. Certification by a registered architect or engineer must be provided to the Building Official that this standard has been met.

a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

c. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

b. Water wells shall be located on high ground that is not in the floodway.

c. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

d. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

4. Use of Openings in Enclosures below a Structure’s Lowest Floor. All new construction and substantial improvements, which have fully enclosed areas below the lowest floor that are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters in those areas. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

a. All subdivision proposals shall be consistent with the need to minimize flood damage.

b. All public utilities and facilities serving subdivision proposals, such as sewer, gas, electrical, and water systems, shall be located and constructed to minimize flood damage.

c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

d. Base flood elevation data shall be provided for subdivision proposals and other proposed developments that contain more than fifty (50) lots or five (5) acres, whichever is less.

e. The final recorded subdivision plat shall include a notice that part of the property is in the SFHA, riparian habitat zone and/or channel migration area, as appropriate.

6. Review of Building Permits. Where elevation data is not available either through a Flood Insurance Study or from another authoritative source, applications for building and land use permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two (2) feet above grade in these zones may result in higher insurance rates.

7. Encroachments. It must be demonstrated that the cumulative effect of any proposed development, where combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one (1) foot at any point.

B. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided, the following provisions apply:

1. Residential Construction. New construction and substantial improvement of any residential structure shall elevate the lowest floor, including basement, at least one (1) foot above the base flood elevation.

2. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either elevate the lowest floor, including basement, at least one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, shall:

a. Be flood-proofed so that below one (1) foot above the base flood level the structure is watertight, with walls substantially impermeable to the passage of water.

b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with the standards of this subsection. Such certification shall be provided to the City for review and approval.

d. Nonresidential structures that are elevated and are not flood-proofed must meet the same standards for space below the lowest floor as described in this section.

e. Applicants flood-proofing nonresidential buildings shall be advised that flood insurance premiums will be based on rates that are one (1) foot below the flood-proofed level (e.g., a building flood-proofed to the base flood level will be rated as one (1) foot below).

3. Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones A1-A30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one (1) foot above the base flood elevation.

a. Manufactured homes shall be securely anchored to an adequately anchored foundation system so that:

i. The lowest floor of the manufactured home is elevated at least one (1) foot above the base flood elevation; or

ii. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement.

b. The following provisions apply to existing manufactured home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before repair, reconstruction or improvement has commenced. The same provisions apply to manufactured homes not placed in a manufactured home park or subdivision:

i. Pads or lots are elevated on compacted fill to or above the base flood level (insurance can be waived).

ii. Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base level (insurance required).

iii. Adequate surface drainage and access for hauler are provided; and

iv. In the instance of elevation on piers or pilings where:

(a) Lots are large enough to permit steps.

(b) Pier and piling foundations are placed in stable soil no more than ten (10) feet apart.

a. New construction and substantial improvement of residential accessory structures in special flood hazard areas are not subject to the requirements of this section; provided, that:

i. The floor area of all floors of the accessory structure totals one thousand (1,000) square feet or less.

ii. The accessory structure shall not be used for human habitation.

iii. The accessory structure shall be designed to have low flood damage potential.

iv. The accessory structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.

v. The accessory structure shall be firmly anchored to prevent flotation that may result in damage to other structures.

vi. All service facilities, such as electrical and heating equipment associated with the accessory structure, shall be elevated or flood-proofed.

b. If it is determined that the accessory structure may cause significant flood risk, all requirements of this section shall be satisfied.

c. When accessory structures built under the provisions of this section exceed a value greater than ten (10) percent of the value of the principal residential structure, substantial increases in insurance rates may result.

5. Critical Facilities. Construction of new critical facilities shall be, to the greatest extent possible, located outside the limits of the special flood hazard area. Construction of new critical facilities shall be permissible within the one hundred (100) year floodplain if no feasible alternative site is available. Critical facilities constructed within the one hundred (100) year floodplain shall have the lowest floor elevated three (3) feet or more above the level of the one hundred (100) year base flood elevation at the site. Flood-proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. All access routes to critical facilities shall be elevated to at least one (1) foot above the base flood elevation, to the greatest extent possible.

6. Floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles, and erosion potential. The following provisions apply:

a. Encroachments, including fill, new construction, substantial improvements, and other development, shall be prohibited, except for:

i. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area.

ii. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty (50) percent of the fair market value of the structure either before the repair, or reconstruction is started, or if the structure has been damaged, and is being restored, before the damage occurred.

iii. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications, which are solely necessary to assure safe living conditions.

iv. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places that does not increase the building’s dimensions.

v. Repairs, replacement, reconstruction or improvement to existing farmhouses located in designated floodways and on designated agricultural lands that do not increase the building’s total square footage of encroachment and are consistent with all requirements of WAC 173-158-075.

vi. Repairs, replacement, reconstruction or improvements to substantially damaged residential dwellings other than farmhouses that do not increase the building’s total square footage of encroachment and are consistent with all requirements of WAC 173-158-075.

vii. Prior to the repair or replacement of a substantially damaged residential structure located within a floodway, a recommendation shall be obtained from the Washington Department of Ecology in accordance with WAC 173-158-076.

viii. The applicant shall provide a certification by a registered professional engineer demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed development would not result in any increase in flood levels during the occurrence of the base flood discharge.

b. All new construction and substantial improvements permitted pursuant to this subsection shall comply with all applicable flood hazard reduction provisions of this subsection.

c. In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

7. Shallow Flooding Areas (AO Zones). Shallow flooding areas appear on FIRM as AO zones with depth designations. The base flood depths in these zones range from one (1) to three (3) feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In all areas of special flood hazards designated as areas of shallow flooding, the following provisions shall apply:

a. All new construction and substantial improvements of residential structures and manufactured homes shall have the lowest floor, including the basement, elevated one (1) foot above the highest grade adjacent to the building site or above the depth number specified on the FIRM; at least two (2) feet if no depth number is specified.

b. All new construction and substantial improvements of nonresidential structures shall:

i. Have the lowest floor, including basement, elevated one (1) foot above the highest adjacent grade of the building site or above the depth number specified on the FIRM, at least two (2) feet if no depth number is specified; or

ii. Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect.

c. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

a. Structures and other development shall be located to avoid flood damage.

i. If a lot has a buildable site out of the Regulatory Floodplain, all new structures shall be located in that area.

ii. If a lot does not have a buildable site out of the Regulatory Floodplain, all new structures, pavement and other development must be sited in the location that has the least impact on habitat by locating the structures as far from the water body as possible or placing the structures on the highest land and lot.

iii. A minimum setback of fifteen (15) feet from the protected area shall be required for all structures.

b. All new development shall be designed and located to minimize the impact on flood flows, flood storage, water quality and habitat.

i. Storm water and drainage features shall incorporate low impact development techniques that mimic predevelopment hydrologic conditions. Such methods include storm water infiltration, rain gardens, grass swales, filter strips, disconnected impervious areas, permeable pavement and vegetative roof systems.

ii. If the proposed project will create new impervious surfaces so that more than ten (10) percent of the portion of the parcel in the Regulatory Floodplain is covered by impervious surface, the applicant shall demonstrate that there will be no net increase in the rate and volume of storm water surface runoff that leaves the site or that the adverse impact is mitigated.

9. Hazardous Materials. No new development shall create a threat to public health, public safety, or water quality. Chemicals, explosives, gasoline, propane, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other materials that are hazardous, toxic, or a threat to water quality are prohibited from the Regulatory Floodplain. This prohibition does not apply to small quantities of these materials kept for normal household use. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.080 Allowable activities within the Regulatory Floodplain.

A. Activities that do not meet the definition of “development” are allowed in the Regulatory Floodplain without the need for a floodplain development agreement under this title, provided all other federal, state and local requirements are met. Activities include, but are not limited to, the following:

1. Routine maintenance of landscaping that does not involve grading, excavation or filling.

2. Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with native vegetation.

3. Normal maintenance of structures, such as re-roofing and replacing siding; provided, that such work does not qualify as a substantial improvement.

4. Normal maintenance of above ground public utilities and facilities, such as replacing downed power lines.

5. Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but not expansion of paved areas.

6. Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility.

7. Plowing and other normal farm practices (other than structures or filling) on farms in existence as of the effective date of the ordinance codified in this title.

B. The following activities are allowed in the Regulatory Floodplain without the analysis required in LMC 18A.50.070(B)(6)(a)(v) or the habitat impact assessment required under LMC 14.154.050(B), providing all other provisions of this title are met, including obtaining a floodplain development agreement:

1. Repairs or remodeling of an existing structure; provided, that the repairs or remodeling are not a substantial improvement or a repair of substantial damage.

2. Expansion of an existing structure that is no greater than ten (10) percent beyond its existing footprint; provided, that the repairs or remodeling are not a substantial improvement or a repair of substantial damage. This measurement is counted cumulatively from the effective date of the ordinance codified in this title or September 22, 2011, whichever is earlier. If the structure is in the floodway, there shall be no change in the dimensions perpendicular to flow.

3. Activities with the sole purpose of creating, restoring or enhancing natural functions associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet federal and state standards, provided the activities do not include structures, grading, fill or impervious surfaces.

4. Development of open space and recreational facilities, such as parks, trails and hunting grounds, that do not include structures, grading, fill, impervious surfaces or removal of more than five (5) percent of the native vegetation on that portion of the property in the Regulatory Floodplain. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.110 Purpose.

In order to provide opportunities for housing elders in areas of the City where the greatest level of services are available, the comprehensive plan creates an overlay area in which senior housing is to be focused. This article carries forward the comprehensive plan’s intent in creating regulatory incentives for senior housing within the Senior Housing Overlay (SHO). [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.120 Applicability.

This section applies, at the developer’s option, to land use applications for senior housing within the SHO, except for the construction of a single-family dwelling on one (1) lot that can accommodate only one (1) dwelling based upon the density of the underlying zoning designation. This article shall not apply to congregate care and group living facilities. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.130 Provisions.

A. All of the provisions and requirements of the City’s housing incentives program set forth in Chapter 18A.90 LMC, Housing Incentives Program, shall be equally applied to senior housing developed within the SHO.

B. An additional fifteen (15) percent density bonus, over the maximum allowable additional density afforded by the housing incentives program, shall be afforded in return for the provision of low-income or market-rate senior housing within the SHO, regardless of zoning district except for those districts within the Downtown Subarea Plan boundaries. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.140 Monitoring.

In conjunction with monitoring required for the housing incentives program, the Department of Planning and Public Works (PPW) shall maintain a list of all senior units created within the SHO using the additional incentives herein. In conjunction with evaluation of the housing incentives program required as part of comprehensive plan review and amendment processes, the level and type of senior housing production under these terms shall likewise be reviewed and evaluated. [Ord. 814 § 2, 2024; Ord. 726 § 2 (Exh. B), 2019.]

18A.50.210 Purpose and intent.

This article is for the purpose of minimizing the harmful secondary effects of sexually oriented business land uses within the City and protecting Lakewood’s citizens, persons who own property within the City, and people who travel through the City from crime, blight and other harmful secondary effects associated with such businesses.

By limiting the areas in which sexually oriented businesses are allowed to operate, the Lakewood City Council intends to protect families, children and residential neighborhoods from crimes, nuisances and disturbances of the public peace and safety; to protect residential neighborhoods and business districts from blight and deterioration of property values; and to protect, foster and support the goals and ideals of schools, religious and public service organizations serving the Lakewood community.

It is not the intent of this article to suppress any constitutionally protected speech or expression. This article is intended as a content-neutral regulation to diminish and control crime and the harmful secondary effects associated with sexually oriented businesses, while allowing the existence of constitutionally protected expression. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.220 Applicability.

This article shall apply to all sexually oriented business overlay (SOBO) land uses, as defined herein or as may be hereafter defined, located within the City of Lakewood. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.230 Definitions.

See LMC 18A.10.180 for definitions applicable to this chapter. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.240 Findings and legislative record.

Prior to November 1, 2004, the City of Lakewood City Council enacted legislation related to sexually oriented businesses (SOBs) based upon information and findings relevant to this title. These prior legislative actions included City of Lakewood Ordinances No. 171 and 258 .

Lakewood Ordinance No. 171 , adopted in May 1998, provided for the licensing of and regulation of conduct within adult cabarets. Ordinance No. 171 based these regulations in part upon the City’s lack of a clearly demarked commercial/business district, the location of commercial and business land uses near residential neighborhoods, and the need to protect citizens – especially children – from criminal and unlawful activities and impacts associated with SOBs. These impacts are known as, and are generally referred to herein as, the harmful secondary effects of SOBs.

Ordinance No. 258 , adopted in February 2001, regulated the location and zoning of SOBs within the City. Ordinance 258 cited a detailed review of the national record regarding the harmful secondary effects of SOBs, as well as studies from cities such as New York, Indianapolis, San Diego and Los Angeles. Ordinance 258 found convincing documented evidence based upon that record to find that SOBs have detrimental effects upon nearby businesses and residential neighborhoods.

The legislative record and findings of Ordinances No. 171 and 258 are incorporated herein by this reference as if set forth fully herein, and such records and findings are cited hereby as support for the zoning regulations created in this title.

Prior to November 1, 2004, the Planning Advisory Board (PAB) held public meetings to consider relevant amendments to the City’s comprehensive plan. During a public hearing held on October 15, 2003, approximately thirty-five (35) people testified and many written comments were submitted in response to the City’s proposed amendments, which at that time contemplated concentrating all SOBs within the City into a single defined overlay area. The comments were overwhelmingly negative and cited citizen perceptions regarding the adverse effects that adult entertainment and SOBs have upon the community, neighborhoods and families exposed to such land uses. Citizens resoundingly stated their belief that concentrating SOBs into a single zone would irreparably harm a thriving business community located near the proposed overlay.

The PAB then recommended to the City Council that the comprehensive plan goals and policies related to SOBs be deleted to allow flexibility to implement the changes shown in this title, because, by state statute, amendments to the City’s comprehensive plan can be made only once per year. The City Council adopted this amendment to the comprehensive plan on December 1, 2003. Thereafter, public meetings were held and the PAB worked with a variety of stakeholders in formulating SOB zoning regulations that fit the specific needs, community and conditions of the City. The stakeholder groups included representatives from businesses, educational institutions, community leaders, and representatives from the adult entertainment industry.

After amendment of the City’s comprehensive plan, the PAB commenced studying alternative SOB zoning proposals. The PAB’s research and study resulted in the specific findings listed below. Based upon these findings, the PAB recommended to the Lakewood City Council that the harmful secondary effects of SOBs be minimized through regulations upon the zoning, operating and locating of SOBs. The PAB found that through creation of overlay areas within the City wherein SOBs could locate, the City could control the locations where SOBs exist and minimize the harmful secondary effects SOBs have upon business districts, neighborhoods and residential areas. Further, by creation of two (2) or more overlay areas where SOBs will be allowed, the City could minimize the impact SOBs have upon any individual neighborhood or district within the City.

The City Council, through the passage of Ordinance No. 358 on November 1, 2004, adopted the specific findings of the PAB in regard to zoning SOBs, stated as follows:

A. Materials submitted to the PAB demonstrated that SOBs can create harmful secondary effects upon the communities they are located in, are detrimental to and conflict with the peace and tranquility of neighborhoods and residential land uses, and if left unregulated can cause deterioration of property values and increased crime and public disturbances in the areas in which they are located.

B. Citizens and business owners within the City have publicly expressed their fear of the harmful secondary effects SOBs cause and have testified that they strongly oppose SOB land uses. Citizens have expressed that they believe SOB land uses are harmful to neighborhoods and negatively impact families and children. Business owners have expressed concern that SOB land uses may impact commercial areas and business districts, increasing incidents of crime and decreasing property values.

C. Based upon a review of land use patterns, zoning and demographics throughout Lakewood, the PAB found that some areas are entirely unsuitable for and incompatible with SOB land uses. Such areas include residential neighborhoods and locations in close proximity to churches and schools. The PAB also found that the harmful effects of SOBs may be minimized if SOBs are limited to the areas where they currently exist; to areas that contain no residential land uses or only nonconforming residential land uses; and areas separated topographically and/or geographically from residential neighborhoods, churches and schools.

D. The PAB found that the creation of overlay areas wherein sexually oriented businesses may locate is in the best interests of the City of Lakewood and necessary to protect the public health, safety and welfare. Protecting, preserving and improving the quality of its residential neighborhoods is sufficient to justify zoning regulations upon SOBs, as shown in the Washington State Supreme Court’s opinion in Northend Cinema, Inc. v. City of Seattle, 90 Wn.2d 709, 585 P.2d 1153 (1978).

E. The PAB reviewed police incident reports that documented the occurrence of crimes within adult cabarets in the City. Since adoption of the City’s adult entertainment standards of conduct and violations in 1998, three (3) adult entertainment cabarets have offered or allowed entertainment that violated City regulations. These adult cabarets are Lipstix (now known as Stilettos), the New Players Club, and the Déjà Vu Nightclub. Police incident reports and court records regarding these violations are contained within the legislative record for this title.

F. The PAB has reviewed the administrative actions City officials have taken against the business licenses issued to adult entertainment cabarets. These administrative actions have included revocation of the New Players Club’s business license, a thirty (30) day suspension of Lipstix’ business license, and a pending action to revoke Stiletto’s business license for one (1) year. The specific facts, violations and crimes that form the basis for these administrative actions are contained within the legislative record.

G. The PAB has reviewed records that indicate that improperly operated SOBs can be the focal point for a variety of crimes. These crimes were documented in the case of Heesan Corp. v. City of Lakewood, 118 Wn.App. 341, 75 P.3d 1003 (2003), wherein it was shown that entertainers at the New Players Club, a SOB located in the Ponders neighborhood of Lakewood, engaged in many illegal practices. These practices included entertainers offering to perform and engaging in sexual conduct in exchange for money, entertainers performing at less than four (4) feet from the audience, and entertainers engaging in improper physical contact with customers. Additionally, the decision in Heesan Corp. v. City of Lakewood contained documentation that the premises of the New Players Club were used for the unlicensed consumption of alcohol, for illegal smoking of marijuana, and for the sale of other illegal drugs.

H. The PAB reviewed records that indicated that the harmful secondary effects of an improperly operated SOB can constitute a public or moral nuisance. Such a nuisance would impact the community as a whole, although the impact would be particularly burdensome to the employees and patrons of the business, and to property owners and persons residing and working in close proximity to the offending SOB land use.

I. The PAB concurred with the findings of the City of Lacey in the rationale for the adoption of City of Lacey Ordinances No. 11422 and 11274, regarding Urban Growth Area Zoning and adult entertainment facilities. When adopting these Ordinances in 1996 and 1997, the City of Lacey found that studies in Austin, Texas, and in the state of Michigan provided convincing evidence that crime increased in areas close to adult businesses. The City of Lacey also cited to a Detroit, Michigan, report and to evidence gathered from Seattle and Tacoma, Washington, that demonstrated that cities and metropolitan areas experienced harmful secondary effects related to adult entertainment activities. These harmful secondary effects can cause a detrimental impact upon residential land uses leading to destabilization of residential areas and depressed property values.

J. The PAB concurred with the findings contained in City of Spokane Ordinances No. 32778 and 33001, where the Spokane Planning Services Department documented evidence that adult bookstores and adult entertainment establishments create harmful secondary effects including negative health, safety, economic and aesthetic impacts upon neighboring properties and the community as a whole. The PAB cited to World Wide Video v. City of Spokane, No. 02-35936 (9th Cir. 2004), as documenting evidence of the harmful secondary effects of adult entertainment and as further support for the belief that reducing the undesirable effects of adult entertainment and SOBs is a substantial governmental interest that can be achieved with time, place and manner restrictions upon where such businesses may locate within a City.

K. The PAB reviewed studies that indicated that adult bookstores generate harmful secondary effects upon neighborhoods, families and the community. The PAB also reviewed police incident reports that indicated that crimes involving indecent exposure can occur at adult bookstores that contain panoram devices. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.250 Sexually oriented business overlays (SOBOS) created.

A. There are hereby created sexually oriented business overlays (SOBOs) within the geographic areas of the City as identified and depicted on Figure 1, included in this chapter at the end of this article. Sexually oriented businesses as defined within this title may locate only within the SOBOs identified in Ord. 358 § 6 (part), 2004.*

B. All new applications for SOB business licenses shall be denied unless the application clearly identifies a business location and premises located within a SOBO and the application is in compliance with all requirements stated in this title.

C. If a new application for a SOB business license shows a SOB business location or premises address upon a parcel of land partially within a SOBO, the application shall be approved if the application conforms in all other ways with the requirements of this title and at least seventy-five (75) percent of the square footage of the parcel upon which the SOB is proposed is located within a SOBO.

* Code reviser’s note: Exhibit D of this ordinance [358] is on file in the City Clerk’s Office.

[Ord. 726 § 2 (Exh. B), 2019.]

18A.50.260 Sexually oriented business location within SOBOS.

Newly established or created SOBs shall be allowed to locate anywhere within a SOBO, except that all new SOBs must be located at least one thousand (1,000) feet away from any SOB that lawfully existed prior to the receipt of the new application. New SOBs shall be required to locate at least one thousand (1,000) feet away from existing conforming and existing nonconforming SOBs without regard to whether any nonconforming SOB is located within a SOBO. The one thousand (1,000) foot distance separation shall be measured from the nearest building used for an existing SOB to the nearest portion of any building proposed to be used for a new SOB land use. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.270 Processing of applications for licenses and permits.

A. Upon receipt of an application for a permit or license for a SOB, the City Manager or the designee thereof shall determine within twenty-eight (28) days whether the application is complete. Whether an application is complete shall be determined as specified in Chapter 18A.20 LMC, Article I, Administration. Should an application for a SOB license or permit be determined to be incomplete, the Director or designee shall notify the applicant in writing within the twenty-eight (28) day time frame stated above and describe the specific information necessary to complete the application. Should the City fail to request additional information or determine that an application is incomplete within the time frames specified in this section, the application shall be deemed complete and processed, accepted, denied, modified or conditioned within the time periods set forth in subsections (B) and (C) of this section.

B. Upon receipt of a completed application for a new SOB business license, the City Manager or designee thereof shall determine whether the application complies with all requirements of LMC Title 18A, including this chapter, and LMC Title 5. The City Manager or designee shall determine compliance within thirty-five (35) days after receiving a completed application.

C. Upon receipt of a completed application for a permit related to a SOB land use, the Director or designee thereof shall determine whether the permit application complies with all requirements of the Lakewood Land Use and Development Code and this title. The Director or designee shall determine compliance within one hundred twenty (120) days of the receipt of the completed application based upon information contained within the application, the boundaries of the SOBO zone, and public records available to the City at the time of receipt of the application. Determinations related to SOB permit applications shall be processed in the same manner as any other completed permit application received by the City; however, determinations regarding completed SOB permit applications must be made within one hundred twenty (120) days of the receipt of the completed application.

D. Should the City fail to make a determination of zoning compliance or fail to specifically approve, condition, modify or deny a completed application for an SOB-related license or permit within the time frames set forth above, the SOB application will be assumed to be in conformity with all applicable zoning requirements. This presumption shall have the effect of making the application or permit a lawful and vested land use even if the City erred by failing to make a determination or by failing to deny, accept, condition or modify a license or permit.

E. Should a SOB that obtained a de facto license or permit as described above be found not to comply with applicable zoning or development regulations, the SOB land use shall obtain nonconforming status through the vested permit or application. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.280 Conforming and nonconforming sexually oriented businesses.

A. Any SOB that lawfully existed, held all valid and necessary business licenses, and operated within the boundaries of any sexually oriented business overlay (SOBO) as of November 1, 2004, and identified in Figure 1 of this chapter shall be considered a conforming land use.

B. Any SOB that lawfully existed, held all valid and necessary business licenses, and operated within the City in a location or parcel of property not completely within the boundaries of a SOBO as of November 1, 2004, shall be considered a vested but nonconforming land use. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.290 Notice to nonconforming sexually oriented business land uses.

A. All SOBs made nonconforming as of November 1, 2004, shall be notified in writing of such nonconforming status.

B. The City Manager or the designee thereof shall determine whether SOBs lawfully existing on November 1, 2004, are within SOBO zone boundaries. This determination shall be made within forty-five (45) days after the effective date of the ordinance codified in this title. This determination of zoning compliance shall be based upon the boundaries of the SOBOs and the location of each SOB as determined by a review of business licensing information and public records available to the City.

C. Determinations of nonconformity under this article shall be subject to appeal as provided in LMC 18A.20.400. Appeal of the Hearing Examiner’s decision on a determination of nonconformity shall be to superior court as provided in Chapter 18A.20 LMC, Article IV, Appeal/Reconsiderations. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.300 Expiration of nonconforming status.

A. Nonconforming sexually oriented businesses (SOBs) shall be discontinued upon the occurrence of any one or more of the following:

1. Upon abandonment of a nonconforming SOB land use for six (6) months or longer. For the purposes of this section, abandonment shall mean voluntary discontinuance or closure of the SOB land use or failure to apply for required permits to rebuild, remodel and/or reopen the business after it has been damaged or destroyed due to an involuntary event of fire, natural disaster or other casualty. For the purposes of this section, business license suspension or revocation shall not constitute a voluntary discontinuance or closure of a SOB.

2. Upon a change in use of the business to a use not defined as an SOB.

B. Nonconforming SOB land uses may apply for permits to make renovations or repairs as necessary or required for safety and health purposes. Applications for permits to perform renovations or repairs shall be processed, approved, modified, conditioned or denied in compliance with LMC 18A.20.240 and 18A.60.110.

C. To determine issues regarding whether a SOB has nonconforming status or has maintained nonconforming status pursuant to this section, the Director or designee shall rely upon the process and types of evidence listed in LMC 18A.20.238. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.310 Notice and order.

A. Any SOB that becomes nonconforming upon the effective date of the ordinance codified in this title shall be given written notice of such nonconforming status by notice and order issued by the City Manager or designee pursuant to LMC 18A.50.290 and this section.

B. Whenever a completed application for a new SOB license or for a permit related to a SOB is denied, conditioned or modified, written notice shall be given to the applicant by notice and order issued by the City Manager or designee pursuant to this section.

C. A notice and order, and any amended or supplemental notice and order, shall be served upon the owner of the SOB either personally, by posting upon the property and personal service upon the manager or person responsible for the business during business hours, or by certified mail, postage prepaid, return receipt requested and addressed to the business owner at the address which appears on the most current license or permit application on file with the City.

D. Notice and orders issued pursuant to this section shall contain the following information:

1. The street address, when available, and a legal description sufficient for identification of the premises upon which the nonconforming business is located.

2. A statement clearly informing the applicant that an administrative determination has been made in regard to the SOB.

3. A description of or specific statement as to the reason(s) justifying the administrative determination.

4. A statement advising the SOB owner that an appeal may be made from the notice and order or from any action of the City Manager or designee to the City’s Hearing Examiner. Appeals shall be governed by the provisions of Chapter 1.36 LMC. Failure to appeal shall constitute a waiver of all rights to an administrative hearing and appeal of the matter.

E. Timely Hearing of Appeals. Within forty-five (45) days of the receipt of a properly perfected appeal, the City Clerk shall set an appeal hearing before the Hearing Examiner and send notice of such hearing in writing to the SOB that requested the appeal. The Hearing Examiner hearing must be held within ninety (90) days after the receipt of an appeal under this chapter, unless the party, entity or person seeking appeal waives this requirement in writing. Upon closing of the record in such an appeal, the Hearing Examiner shall have ten (10) days within which to render a written decision upon the appeal.

F. General Business Licensing Provisions Referenced. The provisions of Chapters 5.16 and 5.20 LMC shall apply to issues of licensing, zoning, development regulation, and notice and orders issued under this chapter to the extent that the provisions of Chapters 5.16 and 5.20 LMC are not in specific conflict with the provisions set forth in this article. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.320 Provision for conformance.

If any portion of this article is deemed to be in conflict or inconsistent with any other provisions of the Lakewood Municipal Code, including, but not limited to other sections of this title, such other provisions shall be construed in conformity herewith; provided, that if such other provisions cannot be so construed, then the provisions of this article shall control, and such other provisions shall be deemed modified to conform herewith, for the purposes of this article only. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.330 Prohibition and public nuisance.

All SOBs within the City of Lakewood shall be operated and maintained in compliance with this article. Any SOB not conducted and maintained in compliance with the SOBO requirements set forth in this article is hereby declared a public nuisance subject to abatement and removal. [Ord. 726 § 2 (Exh. B), 2019.]

18A.50.410 Purpose.

To provide additional density in locations with frequent transit service to encourage the use of multimodal transportation options, the comprehensive plan defines an overlay area where additional density is allowed close to major transit stops as being within one-half (1/2) mile of a major transit stop, defined as a stop for commuter rail or bus rapid transit. [Ord. 813 § 2 (Att. D), 2024.]

18A.50.420 Applicability.

This article applies at the developer’s discretion to land use applications for duplexes and multifamily housing in Residential (R) zoning districts generally within one-quarter (1/4) mile of major transit stops as defined above. The Council has the discretion of changing the boundaries of the overlay to consider access to transit stops and consistency of the boundaries of the overlay. [Ord. 813 § 2 (Att. D), 2024.]

18A.50.430 Provisions.

A. For lots located within the Residential/Transit Overlay, additional development densities of at least four (4) units per lot are allowed as a maximum base density as per the provisions of RCW 36.70A.635(1)(a)(ii) and LMC 18A.60.030.

B. The timing of updates to the Residential/Transit Overlay under the comprehensive plan and municipal code may be managed under LMC 18A.30.090(A). [Ord. 813 § 2 (Att. D), 2024.]