Zoneomics Logo
search icon

Lakewood City Zoning Code

18A.60 Site

Planning and General Development Standards

The storage or parking of a recreational vehicle, utility vehicle or a sporting vehicle accessory to a residential use may be permitted subject to the following standards:

A. Recreational, utility and sporting vehicles shall not be stored on a lot where no residential use exists.

18A.60.005 Definitions.

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

18A.60.010 Purpose.

The purpose of this chapter is to establish area, dimension and design regulations which comply with and implement the goals and policies of the Lakewood Comprehensive Plan with respect to the desired intensity and appearance of development within the City’s residential, commercial, industrial, military, open space, and public institutional areas. [Ord. 726 § 2 (Exh. B), 2019.]

18A.60.020 Interpretation of tables.

A. LMC 18A.60.030 and LMC 18A.60.040 contain general density and dimension standards for the various zones. Methods for measuring these standards are set forth in LMC 18A.60.090 through 18A.60.120.

B. The area and dimension standards are arranged in a table for each of two (2) general land use categories:

1. Residential;

2. Commercial/industrial.

C. Development standards are listed down the left side of both tables, and the zones are listed at the top. The matrix cells contain the area and dimensional requirements of each zone. All dimensions are measured in lineal feet, and all areas are measured in square feet. The parenthetical numbers in the matrix identify specific requirements or other information which is set forth following the matrix. [Ord. 726 § 2 (Exh. B), 2019.]

18A.60.030 Residential area and dimensions.

A. Development Standards Table. For unit lots and unit lot subdivisions, see also Chapter 17.24 LMC.

Zoning Classifications

R1

R2

R3

R4

MR1

MR2

MF1

MF2

MF3

Density (units per acre)

1.45 DUA

2.2 DUA

4.8 DUA

6.4 DUA

22

35

22

35

54

Minimum Unit Density (units per lot) (B)(1)

2

2

2

2

Lot size

25,000 GSF

17,000 GSF

7,500 GSF

5,700 GSF

No minimum lot size

No minimum lot size

No minimum lot size

No minimum lot size

No minimum lot size

Building coverage (B)(2)

45%

45%

45%

50%

55%

60%

60%

60%

60%

Impervious surface

45%

45%

60%

70%

70%

75%

70%

70%

70%

Front yard/street setback

15 feet

15 feet

10 feet

10 feet

5 feet

5 feet

10 feet

10 feet

10 feet

Garage/carport setback

20 feet

20 feet

20 feet

20 feet

20 feet

20 feet

20 feet

20 feet

20 feet

Principal arterial and state highway setback

25 feet

25 feet

25 feet

25 feet

25 feet

25 feet

25 feet

25 feet

25 feet

Rear yard setback without an alley

1-3 units: 15 feet

More than 3 units: 10 feet

1-3 units: 15 feet

More than 3 units: 10 feet

10 feet

10 feet

5 feet

5 feet

10 feet

10 feet

10 feet

Rear yard setback with an alley (B)(3)

0 feet

0 feet

0 feet

0 feet

0 feet

0 feet

0 feet

0 feet

0 feet

Interior setback

Attached: 0 feet

Detached: 5 feet

Attached: 0 feet

Detached: 5 feet

Attached: 0 feet

Detached: 5 feet

Attached: 0 feet

Detached: 5 feet

Attached: 0 feet

Detached: 5 feet

Attached: 0 feet

Detached: 5 feet

8 feet

8 feet

8 feet

Building height

35 feet

35 feet

35 feet

35 feet

35 feet

50 feet

45 feet

65 feet

80 feet

Design

Design features shall be required as set forth in Chapter 18A.70 LMC, Article I.

Landscaping

Landscaping shall be provided as set forth in Chapter 18A.70 LMC, Article II.

Tree preservation

Significant tree identification and preservation and/or replacement shall be required as set forth in LMC 18A.70.300 through 18A.70.330.

Parking

Parking shall conform to the requirements of Chapter 18A.80 LMC.

Signs

Signage shall conform to the requirements of Chapter 18A.100 LMC.

B. Specific Development Conditions.

1. Middle Housing. For all Residential (R) zoning districts, a minimum of two (2) housing units per lot (excluding accessory dwelling units) are allowed on all lots that meet minimum lot size requirements and do not include critical areas or their buffers, or four (4) housing units per lot where additional affordable units are provided according to Chapter 18A.90 LMC or additional units are permitted in locations close to a major transit stop, as defined in RCW 36.70A.030(25) or its successor, under Chapter 18A.50 LMC, Article IV.

a. To qualify for additional units, an applicant shall commit to renting or selling the required number of units as affordable housing and meeting the standards below.

b. Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone, that do not exceed thirty (30) percent of the monthly income of a household whose income does not exceed the following percentages of median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development:

i. Rental housing: sixty (60) percent.

ii. Owner-occupied housing: eighty (80) percent.

c. The units shall be maintained as affordable for a term of at least fifty (50) years in accordance with RCW 36.70A.635(2)(a), and the property shall satisfy that commitment and all required affordability and income eligibility condition.

d. The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership of units subject to these affordability requirements consistent with the conditions in Chapter 84.14 RCW for a period of no less than fifty (50) years.

e. The covenant or deed restriction shall address criteria and policies to maintain public benefit if the property is converted to a use other than that which continues to provide for permanently affordable housing.

f. The units dedicated as affordable housing shall:

i. Be provided in a range of sizes comparable to other units in the development.

ii. The number of bedrooms in affordable units shall be in the same proportion as the number of bedrooms in units within the entire development.

iii. Generally, be distributed throughout the development and have substantially the same functionality as the other units in the development.

g. Minimum and maximum numbers of dwelling units per structure for middle housing are invalid, except as provided by the definitions of middle housing typologies.

h. An applicant may also apply the Multifamily Tax Exemption (MFTE) program to its affordable dwelling units, provided the units qualify in accordance with Chapter 3.64 LMC.

2. The maximum lot coverage is as follows:

a. For lots with a unit density of six (6): fifty-five (55) percent.

b. For lots with a unit density of four (4) or five (5): fifty (50) percent.

c. For lots with a unit density of three (3) or less: forty-five (45) percent.

d. Unless the City has a different pre-existing approach to measuring lot coverage, lot coverage is measured as follows: the total area of a lot covered by buildings or structures divided by the total amount of site area minus any required or planned dedication of public rights-of-way and/or designation of private rights-of-way. Lot coverage does not include building overhangs such as roof eaves, bay windows, or balconies and it does not include paved surfaces.

3. The minimum setback for a rear alley is zero (0) feet. It is three (3) feet for a garage door where it is accessed from the alley.

4. No hard surface areas shall be allowed within the dripline of a significant tree to the maximum extent possible, subject to the tree preservation regulations of Chapter 18A.70 LMC, Article III.

5. The process used for reviewing compliance with middle housing design standards shall be administrative review as described under Chapter 18A.20 LMC.

C. Tree Preservation Incentives.

1. The Director may reduce a rear yard and/or side yard building setback to compensate for significant or heritage tree preservation; provided, that the setback is not reduced more than five (5) feet, is no closer to the property line than three (3) feet, is the minimum reduction required for tree preservation, and complies with LMC 18A.60.100, Building transition area.

2. The Director may increase the amount of allowable impervious surface by five (5) percent to compensate for the preservation of a significant or heritage tree. [Ord. 831 § 2 (Exh. A), 2025; Ord. 813 § 2 (Att. D), 2024; Ord. 794 § 2 (Exh. A), 2023; Ord. 775 § 1 (Exh. A), 2022; Ord. 726 § 2 (Exh. B), 2019.]

18A.60.040 Commercial area and dimensions.

A. Development Standards Table.

Zoning Classifications

ARC

NC1

NC2

TOC

CBD

C1

C2

C3

Density (units per acre)

15

22

35

80

80

Lot size

The minimum lot size for the ARC zoning district is 5,000 gross square feet (GSF), plus 2,750 GSF for each dwelling unit over 1 unit, where applicable.

There is no minimum established lot size for the commercial zoning districts. Proposed uses and their associated densities within these zoning districts, and the applicable community design standards shall be used to establish the minimum lot size for a project.

Lot coverage

All building coverage and impervious surface maximums stated herein may be reduced at the time they are applied, because of storm water requirements. The maximum lot coverage standards for the commercial zoning districts shall be as follows:

Building coverage

50%

70%

80%

100%

100%

100%

100%

100%

Impervious surface

60%

80%

90%

100%

100%

100%

100%

100%

Setbacks

The minimum yard setbacks for the commercial zoning districts shall be as follows, except where increased setbacks due to landscaping and building/fire code requirements apply:

Front yard/street setback

0 feet

0 feet

0 feet

0 feet

0 feet

0 feet

0 feet

0 feet

Garage/carport setback

20 feet

20 feet

20 feet

0 feet

0 feet

0 feet

0 feet

0 feet

Rear yard setback

0 feet

0 feet

0 feet

0 feet

0 feet

0 feet

0 feet

0 feet

Interior setback

0 feet

0 feet

0 feet

0 feet

0 feet

0 feet

0 feet

0 feet

Building height

40 feet

50 feet

60 feet

90 feet

90 feet

60 feet

60 feet

60 feet

Design

Design features shall be required as set forth in Chapter 18A.70 LMC, Article I.

Landscaping

Landscaping shall be provided as set forth in Chapter 18A.70 LMC, Article II.

Tree Preservation

Significant tree identification and preservation and/or replacement shall be required as set forth in LMC 18A.70.300 through 18A.70.330.

Parking

Parking shall conform to the requirements of Chapter 18A.80.

Signs

Signage shall conform to the requirements of Chapter 18A.100 LMC.

B. Tree Preservation Incentives.

1. The Director may increase the amount of allowable impervious surface by five (5) percent to compensate for the preservation of a significant or heritage tree. [Ord. 813 § 2 (Att. D), 2024; Ord. 775 § 1 (Exh. A), 2022; Ord. 726 § 2 (Exh. B), 2019.]

18A.60.050 Industrial area and dimensions.

A. Development Standards Table.

Industrial Zoning Classifications

IBP

I1

I2

Lot size

One acre

20,000 GSF

20,000 GSF

Building coverage

All building coverage and impervious surface maximums stated herein for the Industrial zoning districts may be reduced at the time they are applied to individual properties, because of storm water requirements.

Impervious surface

The maximum building and impervious surface coverage and impervious surface for the Industrial zoning districts shall be 100%.

Setbacks

The minimum distance setbacks for the Industrial zoning districts shall be as follows, except where increased setbacks due to landscaping or building/fire code requirements apply.

Front yard/street setback

10 feet

0 feet

0 feet

Principal arterial and state highway setback

25 feet

25 feet

25 feet

Rear yard setback

0 feet

0 feet

0 feet

Interior setback

0 feet

0 feet

0 feet

Building height

60 feet

60 feet

60 feet

Design

Design features shall be required as set forth in Chapter 18A.70 LMC, Article I.

Landscaping

Landscaping shall be provided as set forth in Chapter 18A.70 LMC, Article II.

Tree Preservation

Significant tree identification and preservation and/or replacement shall be required as set forth in Chapter 18A.70 LMC, Article III.

Parking

Parking shall conform to the requirements of Chapter 18A.80 LMC.

Signs

Signage shall conform to the requirements of Chapter 18A.100.

[Ord. 726 § 2 (Exh. B), 2019.]

18A.60.060 Military lands area and dimensions.

A. Development Standards Table.

ML

AC II

AC I

CZ

Lot size

Lands owned by the federal government are exempt from local development standards. Otherwise, development standards for the Military-Related zoning districts shall be determined jointly by the Director and City Engineer on a case-by-case basis considering the intensity of the proposed use, adjacent uses and zoning, environmental issues, site design, and/or type and construction of buildings.

Building coverage

Impervious surface

Setbacks

Front yard/street setback

Principal arterial and state highway setback

Rear yard setback

Interior setback

Building height

Design

Design features shall be required as set forth in Chapter 18A.70, Article I.

Tree Preservation

Landscaping shall be provided as set forth in Chapter 18A.70, Article II.

Landscaping

Significant tree identification and preservation and/or replacement shall be required as set forth in Chapter 18A.70, Article III.

Parking

Parking shall conform to the requirements of Chapter 18A.80.

Signs

Signage shall conform to the requirements of Chapter 18A.100.

[Ord. 726 § 2 (Exh. B), 2019.]

18A.60.070 Open space area and dimensions.

A. Development Standards Table.

OSR1

OSR2 for Uses Other Than Health/Fitness Facilities

OSR2 for Health/Fitness Facilities

Lot size

20%

N/A

N/A

Building coverage

N/A

20%

20%

Impervious surface

20%

30%

55%

Setbacks

Front yard/street setback

25 feet

25 feet

25 feet

Principal arterial and state highway setback

35 feet

35 feet

35 feet

Rear yard setback

20 feet

20 feet

20 feet

Interior setback

20 feet

20 feet

20 feet

Building height

The maximum building height, not including any applicable height bonus, for the Open Space/Recreation zoning districts shall be 40 feet.

The maximum building height, not including any applicable height bonus, shall be 50 feet

Design

Design features shall be required as set forth in Chapter 18A.70, Article I.

Design features shall be required as set forth in Chapter 18A.70 LMC, Article I

Landscaping

Landscaping shall be provided as set forth in Chapter 18A.70, Article II.

Landscaping shall be provided as set forth in Chapter 18A.70 LMC, Article II

Tree Preservation

Significant tree identification and preservation and/or replacement shall be required as set forth in Chapter 18A.70, Article III.

Significant tree identification and preservation and/or replacement shall be required as set forth in Chapter 18A.70 LMC, Article III

Parking

Parking shall conform to the requirements of Chapter 18A.80.

Parking shall conform to the requirements of Chapter 18A.80 LMC

Signs

Signage shall conform to the requirements of Chapter 18A.100.

Signage shall conform to the requirements of Chapter 18A.100 LMC

B. Tree Preservation Incentives.

1. The Director may reduce a rear yard and/or side yard building setback to compensate for significant or heritage tree preservation; provided, that the setback is not reduced more than five (5) feet, is no closer to the property line than three (3) feet, is the minimum reduction required for tree preservation, and complies with LMC 18A.60.100, Building transition area.

2. The Director may increase the amount of allowable impervious surface by five (5) percent to compensate for the preservation of a significant or heritage tree. [Ord. 789 § 2 (Exh. A), 2023; Ord. 775 § 1 (Exh. A), 2022; Ord. 726 § 2 (Exh. B), 2019.]

18A.60.080 Public/institutional.

A. Because of the nature of the typical uses characterizing this use type and the high need for flexibility in siting and operating public facilities, general development standards shall be determined jointly by the Director and City Engineer on a case-by-case basis considering the type and intensity of the proposed use, adjacent uses and zoning, environmental issues, site design, and/or type and construction of buildings.

B. SEPA Lead Agency. Unless specifically released on a case-by-case basis, the City hereby reserves lead agency status for environmental review under the State Environmental Policy Act for any and all uses within Public/Institutional zoning districts.

C. Design. Design features shall be required as set forth in Chapter 18A.70 LMC, Article I.

D. Landscaping. Landscaping shall be required as set forth in Chapter 18A.70 LMC, Article II.

E. Tree Preservation. Significant tree identification and preservation and/or replacement shall be required as set forth in Chapter 18A.70, Article III.

F. Parking. Parking shall conform to the requirements of Chapter 18A.80 LMC.

G. Signs. Signage shall conform to the requirements of Chapter 18A.100 LMC. [Ord. 726 § 2 (Exh. B), 2019.]

18A.60.090 General standards.

A. Legally Created Lots.

1. Development shall be permitted only on a legally created lot.

2. To establish that a lot has been legally created, the applicant shall provide one (1) of the following:

a. A copy of a recorded formal plat, short plat, or subdivision approved by Pierce County or the City of Lakewood pursuant to Chapter 58.17 RCW separately describing the lot.

b. A copy of the recorded boundary line adjustment or lot combination approved by Pierce County or the City of Lakewood separately describing the lot.

c. Documentation that the creation of the lot was exempt from the provisions of the Pierce County or City of Lakewood subdivision regulations.

d. A deed, contract of sale, mortgage, recorded survey, or tax segregation executed prior to August 13, 1974, that separately describes the lot.

3. Where two (2) or more lots are used as a building site, the lots shall be legally combined to form a single lot prior to issuance of a building permit. No building permit shall be issued where the subject building, associated accessory buildings, or required improvements, other than shared access or parking facilities, cross a property line.

4. The minimum width for all lots shall be fifty (50) feet except for lots created within the MR2 zoning district, which are governed by LMC 18A.60.030(A).

5. The minimum street frontage for all lots shall be fifty (50) feet, except flag lots and irregular lots as specified elsewhere in this section.

6. There shall be a maximum length to width ratio of four (4) to one (1) for all new lots. The Director may waive this requirement where lot configurations are limited by the circumstances of the original parcel.

7. The shape of the new lot shall conform to the general lot shapes described in this section unless the City determines that a specific topographic feature makes a standardized lot shape not feasible. In such cases, variations of general lot shapes shall be the minimum necessary to accommodate the topographic feature and shall not create extra-long lots, lots with extended projections, excluding flag lots, or unusual lot shapes which make meeting development standards difficult. The presence of a topographic feature does not require the City to consider or approve variances to lot shape.

8. No land may be so reduced in area that it would be in violation of minimum lot size, yard provisions, lot coverage, off-street parking or any other requirements of the zoning district or use.

9. On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of three (3) feet and nine (9) feet above the grade of the centerline of each intersecting street, and a line joining points along the street lines twenty (20) feet from the point of the intersection. See Figure 2 for reference.

B. Setbacks and Lot Lines. Setbacks shall be measured from the property line of a lot to the wall line of a building or the exterior perimeter of a structure. A property line is a line of record bounding a lot that divides one (1) lot from another lot or from a public or private street right-of-way or any other private or public space.

1. Front lot line shall be that portion of a lot line abutting a street right-of-way.

2. Interior lot line shall be any lot line other than a front or rear lot line.

3. Rear lot line shall be that lot line opposite and most distant from the front lot line, and which runs most parallel to the front lot line.

4. Where the zoning district has a garage/carport setback requirement, that portion of the structure that acts as the vehicle entrance to the garage or carport portion of the structure, shall be set back from the property line as required by the zoning district to allow for vehicle parking and maneuvering. See Figure 3 for reference.

5. All lots shall contain at least one (1) front yard setback, except flag lots. A front yard setback shall be required abutting each right-of-way on corner lots and through lots. All lots shall contain one (1) rear yard setback except for through and flag lots. All other setbacks will be considered interior yard setbacks.

6. Standard Lots. A standard lot is a lot that has only one (1) front lot line and one (1) rear lot line, and two (2) interior lot lines.

7. Corner Lots. If a lot abuts the intersection of two (2) or more street rights-of-way, a front yard setback is required abutting each right-of-way. This requirement is also applicable to a lot fronting a single right-of-way that simulates a corner lot. The minimum setbacks shall be the applicable front yard setback requirement on all sides with street frontage and the applicable interior setback on all remaining sides without street frontage. See Figure 4 for reference.

8. Through Lots. In the case of a through lot, a front yard setback is required abutting each street right-of-way.

9. Flag Lots. A flag lot shall have setbacks of a minimum of ten (10) feet from all property lines for both principal and accessory structures, except in R1 and R2 zoning districts where the minimum setbacks shall be fifteen (15) feet.

a. Flag lots in residential zones (R1, R2, R3, R4, MR1, MR2, MF1, MF2, MF3) shall have a minimum frontage of twenty (20) feet on a public road or street from which access is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of twenty (20) feet in width.

b. Flag lots in nonresidential zones (ARC, NC1, NC2, C1, C2, TOC, CBD, IBP, I1, I2, AC1, AC2, OSR1, OSR2) shall have a minimum frontage of twenty-four (24) feet on a public road or street from which an accessway is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of twenty-four (24) feet in width.

10. Irregular Lots. Where the shape of a lot does not generally conform to the types of lots described above, the City shall make a determination on the location of front, rear, and interior lot line, applicable setbacks and the applicable development standards for the lot. See Figure 5 for reference.

a. In the case of triangular or otherwise irregularly shaped lots, a line at least ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line may be considered to be the rear lot line at the City’s discretion.

b. In the case of an interior or “landlocked” lot or other irregular lot that does not meet the minimum frontage required for access, the street frontage width standards shall be the same as those required for flag lots. Minimum setbacks shall be the setbacks of the zoning district in which the lot is located.

11. Projection Exception.

a. Fireplace structures, cornices, eaves, canopies, sunshades, gutters, chimneys, sills, lintels, bay or garden windows, ornamental features or similar architectural elements may project into any setback, provided such projections are:

i. Not wider than ten (10) feet for each wall projection.

ii. Not more than two (2) feet into an interior, front, or rear yard setback.

b. Porches, decks, and other structures which do not exceed thirty (30) inches height from the finished lot grade may project into any setback, provided such projections do not extend more than three (3) feet into a front, rear, or interior yard setback.

c. Steps may project into any setback, provided such projections do not extend more than three (3) feet into the setback.

d. A wheelchair ramp may project up to half of the distance into any required setback; provided, that it does not obstruct the sight distance of a driveway or a street.

12. Fences Within the Required Setbacks or Located on the Property Line. Fences to enclose, screen, or separate areas may be erected within required yard setbacks; provided, that fences or other barriers:

a. Do not obstruct the sight distance of a driveway, private street, or public street.

b. Do not exceed a maximum height of six (6) feet within the interior and rear yards.

c. Do not exceed a maximum height of four (4) feet within the front yard;

i. Except that within the back half of a front yard setback on a corner lot, the rear lot line and the rear of the structure may be enclosed with a maximum six (6) foot high fence, and

ii. Except that within the required front yard setback of a lot fronting on a principal arterial street, the maximum height shall be six (6) feet, and

iii. Except as allowed in conjunction with a design review permit application for commercial/industrial development, the maximum height permitted outright shall be six (6) feet. Any fence exceeding six (6) feet in height shall first obtain a variance and building permit.

d. In residential zoning districts, are not constructed of barbed wire, razor wire, embedded glass, or other similar materials, construction, or anti-entry techniques that may cause injury.

e. Electric Fences. The construction and use of electric fences shall be allowed pursuant to a director’s determination in the C1, C2, C3, TOC, IBP, I1, I2 and P/I zones, subject to the following standards:

i. Permit. Prior to the installation or use of any electrified fence, the property owner or tenants of the property upon which such fencing will be installed or used shall submit a completed director’s determination application for review of such fencing as a building permit review to receive approval for the fence and electrical permits for the project. The application shall include:

(a) Site plan showing the location of the protective barrier and the electrified fence on the property in relation to the property lines, walkways, existing buildings, and curb;

(b) Fence details showing both the electrified fence and protective barrier, including all gates;

(c) All supporting documentation from the electric fence manufacturer, equipment to be used, and certification of service from the monitoring provider.

ii. IEC Standard 60335-2-76. Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76.

iii. Electrification.

(a) The energizer for electric fences must be driven by a commercial storage battery or batteries not to exceed twelve (12) volts DC. The storage battery is charged primarily by a solar panel. However the solar panel may be augmented by a commercial trickle charger.

(b) The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in Paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76.

iv. Perimeter Fence or Wall. No electric fence shall be installed or used unless it is completely surrounded by a nonelectrical fence or wall that is not less than six (6) feet tall.

(a) There shall be a space of four (4) to twelve (12) inches between the electric fence and the perimeter fence or wall.

(b) Electric fences shall be subject to the screening requirements of LMC 18A.70.150 when installed adjacent to or across a street or alley from a nonindustrial zone.

(c) Electric fences are subject to street frontage requirements prescribed in LMC Title 18A or 18B when installed along street frontage that is adjacent to or across the street from a nonindustrial zone.

v. Location.

(a) Electric fences shall be permitted on any nonresidential outdoor storage areas.

(b) Electric fences shall not be installed within one hundred fifty (150) feet of a property line for a residence, or from a school or day care facility, unless the exterior perimeter nonelectrified fence is covered with a solid covering (e.g., solid mesh, slats, etc.) to further prevent contact with the electric fence.

(c) Electric fences shall not be installed within five (5) feet of a sidewalk, trail or other pedestrian connection unless the exterior perimeter nonelectrified fence is covered with a solid covering.

vi. Height. Electric fences shall have a minimum height of eight (8) feet and a maximum of ten (10) feet.

vii. Warning Signs. Electric fences shall be clearly identified with warning signs that read: “Warning – Electric Fence” and contain icons that are universally understood at intervals of not less than thirty (30) feet.

viii. Electric fence burglar alarms shall be governed and permitted under Chapter 9.13 LMC.

ix. Hours of Activation. Electric fences must only be energized during hours when the public does not have legal access to the protected property, except when personnel is available on site to deactivate the electric fence.

x. Key Box.

(a) Electric fences shall have installed a key box system in accordance with the West Pierce Fire and Rescue standards.

(b) The electric fence controller and emergency key safe for the electric fence must be located in a single accessible location for the entire fence.

xi. Fire Department Registration. Prior to the installation or use of any electrified fence, the property owner or tenants of the property upon which such fencing will be installed or used shall submit a completed registration for such fencing to the Fire Department using forms provided by the Fire Chief.

xii. Indemnification. All applicants issued a permit to install or use an electric fence as provided in this chapter shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the City of Lakewood and its agents, officers, consultants, independent contractors and employees from any and all claims, actions or proceedings, including but not limited to those arising out of any personal injury, including death, or property damage caused by the electric fence.

xiii. Emergency Access. In the event that access by the West Pierce Fire and Rescue and/or Lakewood Police Department personnel to a property where a permitted electric fence has been installed, and is operating, is required due to an emergency or urgent circumstances, and the Knox Box or other similar approved device referred to in this section is absent or nonfunctional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the electric fence, the fire or police personnel shall be authorized to disable the electric fence in order to gain access to the property.

As a condition of permit issuance, all applicants issued permits to install or use an electric fence as provided in this section shall agree in writing to waive any and all claims for damages to the electric fence against the West Pierce Fire and Rescue and/or its personnel and the City of Lakewood and/or its personnel under such circumstances.

xiv. It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section.

13. Bulkheads and Retaining Walls. Any structure constructed and erected between lands of different elevations which is used to resist the lateral displacement of any material, control erosion, or protect structures may be placed within required yard setbacks to a maximum height of four (4) feet on front property lines and eight (8) feet on side and rear property lines, provided all applicable site distance requirements and building permit requirements are met. If more than one (1) retaining wall is used to terrace a slope, the minimum horizontal distance between the back edge of a lower wall and the front edge of an upper wall shall be two (2) feet.

14. Setbacks from Ingress/Egress Easements. No additional setback is required from easements.

C. Common Space. The common space shall be designed to ensure that the open space network addresses crime prevention through environmental design (CPTED) principles such as security and surveillance from residential units; provided, however, that existing buildings being converted to emergency housing, emergency shelter, permanent supportive housing or transitional housing shall not be required to make structural changes solely to comply with CPTED unless the relevant structural elements of the building are being altered as part of the conversion. Common recreational spaces shall be located and arranged to allow windows to overlook them.

D. Access Control.

1. Access control shall be applied, at the discretion of the City Engineer, to all street frontages to minimize traffic conflicts and where appropriate, to preserve on-street parking and promote nonmotorized modes of transportation.

2. Areas for ingress and egress for automobiles shall be designed in such a manner that adequate visibility is ensured.

3. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be located on lots as to provide safe and convenient access for servicing and required off-street parking.

E. Residential Uses.

1. Adequate paved vehicular maneuvering area shall be provided in front of any residential garage or carport. The minimum depth of paving shall be twenty (20) feet from the front of the garage or carport and the minimum width shall be the total width of the garage or carport vehicular access opening(s).

2. A storm water control plan shall be required for all residential development with a slope in excess of ten (10) percent on any portion of the lot that will be developed.

3. An erosion control plan shall be required for all residential development with a slope in excess of ten (10) percent on any portion of the lot that will be developed.

4. A geotechnical assessment shall be required for all residential development with a slope in excess of twenty (20) percent on any portion of the lot that will be developed.

F. Shoreline Uses.

1. For new developments and additions that are adjacent to a shoreline or a shoreline buffer, the following information shall be submitted as part of the project permit application:

a. A professional survey that contains and illustrates:

i. The lot boundaries.

ii. The ordinary high water mark.

iii. The applicable shoreline setbacks.

iv. The topographic lines at two (2) foot contours.

v. The location of building footprint.

vi. The elevation of all corners of the proposed structure.

vii. The location of any proposed docks/ramps and bulkheads.

viii. The location of all other existing and proposed structures on the site.

ix. The limits of proposed grading activity, soil disturbance and vegetation removal.

b. Sketch(es) showing proposed excavation, fill, and post-construction grade changes in relation to preconstruction grades.

c. An erosion control plan.

d. A storm water control plan.

e. A tree survey for entire lot and the location of all existing vegetation within the applicable shoreline setback, including riparian buffers.

2. Erosion control measures shall be in place and inspected prior to any grading activity on the site.

3. The shoreline setback for buildings, retaining walls, rockeries, stairways, and all other structures, except bulkheads, docks, boat ramps, and other in-water uses permitted under the shoreline regulations, shall be a minimum of fifty (50) feet horizontal distance from the ordinary high water mark, and this distance shall not be averaged.

4. No vegetation removal, excavation, fill, or landscaping shall be undertaken within the shoreline setback without first obtaining the appropriate shoreline permit(s) or a shoreline exemption letter from the Department of Planning and Public Works (PPW).

G. Prohibited Uses and Development.

1. Repealed by Ord. 813.

2. Except as provided in LMC 18A.60.160, recreation and sporting vehicles shall not be used for dwelling purposes in any zoning district, and shall be subject to the requirements of Chapter 18A.60 LMC.

3. Tents, yurts, membrane or rigid canopies, or other similar structures shall not be placed or maintained in any commercial or industrial zoning district, except with the written authorization of the Director. The Director shall evaluate any such proposal against the development standards and community design guidelines pertinent to the applicable zoning district.

4. No motor vehicle, which is advertised for sale, shall be parked in any location for more than twenty-four (24) hours in a manner intended to facilitate that sale, except on residential property where the registered owner resides, or in conjunction with a permitted auto and vehicle sales use type.

5. Outdoor commercial activities shall be prohibited except for those uses and activities that are allowed as a primary permitted use or by discretionary permit under this title. [Ord. 814 § 2, 2024; Ord. 813 § 2 (Att. D), 2024; Ord. 794 § 2 (Exh. A), 2023; Ord. 789 § 2 (Exh. A), 2023; Ord. 758 § 2 (Exh. A), 2021; Ord. 738 § 2 (Exh. A), 2020; Ord. 726 § 2 (Exh. B), 2019.]

18A.60.095 Outdoor lighting code.

A. Purpose. The purpose of this section is to protect and promote public health, safety, welfare, and quality of life by establishing regulations and a process for review of outdoor lighting that will accomplish the following:

1. Protect the air-based mission of Joint Base Lewis-McChord (JBLM) by reducing lighting impacts that impair or negatively impact pilot training and missions and eliminating such impacts over time as obsolete lighting practices are curtailed;

2. Protect against light pollution, thereby reclaiming the ability to view the night sky and thereby help preserve the quality of life and scenic value of this desirable visual resource throughout the region and nearby natural open spaces, including state and national parks;

3. Help protect and enhance human health and wellness and wildlife habitation and migration by minimizing light pollution and its impact on all forms of life;

4. Promote lighting practices and systems to conserve energy, decrease dependence on fossil fuels and limit greenhouse gas emissions;

5. Ensure that sufficient lighting can be provided where needed to promote safety and security on public and private property, and to allow for reasonable lighting for commercial properties and activities;

6. Provide easily understood regulations for residential lighting that help minimize obtrusive light and mitigate neighbor-to-neighbor lighting issues;

7. Allow reasonable flexibility in the style of lighting fixtures and the technology used to generate and control light; and

8. Permit appropriate lighting employing historic and current technology, evolving advancements, energy use and economic needs.

B. Applicability. Other than the exemptions listed below in this subsection, all outdoor lighting installed or modified after the effective date of the ordinance codified in this title shall comply with the provisions herein; all outdoor lighting shall also comply with LMC 15.05.020(F) and (J). This includes, but is not limited to, new lighting, replacement lighting, additions and alterations, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party.

Exemptions: The following are not regulated by this section:

1. Indoor lighting.

2. Exterior lighting provided in association with single-family homes, mobile homes, and duplexes.

3. Lighting solely for signs.

4. Repairs to existing luminaires, including lamp, ballast, and lens replacements.

5. Temporary lighting for one-time permitted events.

6. Underwater lighting in swimming pools and other water features.

7. Temporary lighting and seasonal lighting limited to cord-and-plug portable lighting or specifically permitted hard-wired lighting.

8. Short-term lighting associated with activities authorized by a valid temporary use permit, special event permit or film permit.

9. Construction or emergency lighting provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.

C. General Requirements for All Outdoor Lighting.

1. Shielding. All luminaires shall be fully shielded and shall not emit light into the upper hemisphere around the luminaire once installed, except in accordance with Figure 6. Support and mounting systems for luminaires shall not allow post-installation adjustments that could defeat compliance with this requirement.

Exceptions: Decorative lighting, landscape lighting, or architectural floodlighting and outlining in Lighting Zone 3 or as otherwise specifically provided for herein.

2. Lighting Color (Chromaticity). The correlated color temperature of all outdoor lighting shall be four thousand (4,000) Kelvin maximum or lower, with tolerance within the ANSI standard C78.377 of LED sources.

Exceptions:

a. Amber sources necessary to protect shorelines and environmentally sensitive habitat areas, as determined by the Director.

b. Legally required monochromatic light sources including but not limited to aviation obstruction lighting, traffic signal lighting, and marine lighting.

c. Architectural floodlighting or outlining.

d. As allowed by a special use permit.

3. Prevention of Light Trespass. All lighting shall be designed and implemented to mitigate light trespass onto adjacent properties. The maximum allowable light trespass shall be per Table 1 and Table 2.

4. Lighting Not Permitted. None of the following outdoor lighting equipment is permitted except by special permit:

a. Dynamic lighting.

b. Luminaires exceeding 500,000 peak candelas and/or 500,000 lumens.

c. Laser lighting.

d. Unshielded lighting such as string lights, light rope, neon lighting, or LED tubing.

e. Any lighting of environmentally sensitive habitat.

5. Street Lighting.

a. The only requirements of this title with respect to street lighting are for the shielding requirements set forth in Table 3, which specifically are intended to protect military missions associated with Joint Base Lewis-McChord.

b. All other applicable local standards or regulations related to street lighting shall apply. Such examples would include lighting for designated historic districts and/or designated historic luminaires.

D. Lighting Zones. The Department of Planning and Public Works (PPW) Director shall develop and maintain a lighting zone map of Lakewood identifying the following lighting zones:

Lighting Zone 1 (LZ-1), which shall include all areas of Lakewood that are anticipated for low-intensity land uses, like parks, open space, rural areas, resource lands, and military-critical lands; LZ-1 may also be appropriate in other areas which are determined by the Director to be suitable for low levels of exterior lighting at night.

Lighting Zone 2 (LZ-2), which shall include all areas of Lakewood that are anticipated for medium-intensity land uses, like residential, mixed use, neighborhood commercial, neighborhood parks, office, light industrial, and military-important lands, and/or which are determined by the Director to be suitable for modest levels of exterior lighting at night.

Lighting Zone 3 (LZ-3), which shall include all areas of Lakewood that are not likely to impact military operations, but are anticipated for high-intensity uses, like heavy commercial and industrial, manufacturing, and major transportation hubs, and/or are determined by the Director to have needs for medium to high levels of exterior lighting at night. Deference to the needs of military-critical and military-important lands shall be accommodated where LZ-3 zoning exists in such areas.

1. Posting of Lighting Zone Map. The lighting zone map shall be posted on the Lakewood website and remain available to the public.

2. Adoption and Administration of Lighting Zones.

a. The Director shall recommend lighting zones for Lakewood to the City Council, based on the lighting zones recommended in the Lighting Study Report insofar as possible. The final lighting zone map and any subsequent changes thereto shall be approved by the City Council as required by law.

b. The Director shall develop a process to review proposed changes to and appeals from the lighting zone map approved by the City Council. Approved changes and appeals resulting in a required amendment to the lighting zone map shall be made by the Director.

E. Rating of Luminaires.

1. General. Luminaires shall not be equipped such that the luminaire may be aimed upward, except as specifically permitted in Lighting Zones 2 and 3 (LZ-2 and LZ-3).

2. Nonresidential Luminaires.

a. Luminaires shall be rated for the lighting zone in which they are being installed according to the “BUG” system.

b. In Lighting Zones 1 and 2, the BUG uplighting value (U) shall be Zero (0).

3. Residential Luminaires.

a. Luminaires having BUG ratings shall comply as for nonresidential luminaires.

b. Luminaires not rated shall be fully shielded in Lighting Zones 1 and 2 (LZ-1 and LZ-2) per Figure 6.

F. Lighting Zone-Specific Lighting Requirements.

1. Applicability.

a. Except as provided in subsections (B) and (F)(2) of this section, in addition to the foregoing within this section, all outdoor lighting must meet the following requirements based on lighting zone and whether the subject property is residential or nonresidential:

Residential properties other than single-family, duplex, and mobile homes shall comply with Table 1; nonresidential properties shall comply with Table 2 as described below. For the purposes of these requirements, multifamily residential properties of eight (8) dwelling units or more shall be considered nonresidential.

For the purposes of these requirements, special needs housing shall be considered residential if for less than eight (8) dwelling units and nonresidential if for more than eight (8) dwelling units.

b. Subsection (C)(5) of this section and Table 3 of this section govern the installation of street lighting within Lakewood. This subsection and Tables 1 and 2 do not apply to street lighting.

2. Curfew.

a. Generally. Automated control systems, such as energy management systems, photoelectric switches, motion sensors and astronomic timer switches, shall be used to meet the curfew requirements and the technical and energy efficiency requirements of the Washington State Energy Code.

b. Exceptions.

i. Egress lighting as required by the building code.

ii. Lighting required for accessibility.

iii. Lighting required by statute, law or ordinance to operate all night.

iv. A manual override at each exit door is allowed regardless of automatic control device.

3. Maximum Lumens. For a dedicated fluorescent, LED, or HID luminaire, the allowed maximum rated lumens shall be per a photometric report or manufacturer’s product literature. For a line voltage socket luminaire or a low voltage socket luminaire shall be the rated lumens of the lamp installed in it.

4. Maximum Mounting Height. The maximum mounting height above adjacent grade for luminaire shall be as provided in Tables 1 and 2.

Exception 1: There is no maximum mounting height for fully recessed luminaires.

Exception 2: For multi-story residential buildings and motels with exterior entrance doors, the maximum mounting height shall be eight (8) feet above adjacent floor unless recessed into an adjacent ceiling, soffit, or overhang.

5. Landscape Lighting. Landscape lighting is permitted per Table 1 and Table 2.

6. Architectural Floodlighting and Outlining. The use of lighting to illuminate building facades, statuary, and similar edifices for appearance or other needs, which do not involve visual tasks such as walking or driving, may be permitted in Lighting Zone 3 only, if all the following conditions are met:

a. A plan and rendering is submitted for review and approval by the Director, which demonstrates compliance with this section.

b. The amount of unshielded lighting does not exceed twenty thousand (20,000) lumens per acre of the site.

c. The average illumination of a facade or edifice shall not exceed fifty (50) lux.

d. Such lighting shall be extinguished at curfew, in accordance with Tables 1 and 2, as applicable.

No such lighting may be used within Lighting Zone 3, except in compliance with the above standards, and shall not be allowed in Lighting Zones 1 and 2 under any conditions.

7. Plan Review and Permitting.

a. Plan Review. All outdoor lighting installations or installations involving new lighting, or the modification, alteration, or replacement of outdoor lighting shall submit plans and related information as listed below and receive a permit prior to proceeding with any work.

i. Plans depicting the proposed luminaires.

ii. Product specification data such as manufacturer’s data sheets for each luminaire and control device(s) or systems being used.

iii. For nonresidential properties, demonstrated compliance with the Washington State Energy Code, with signatures required by Lakewood attached to the plans.

iv. Details, elevations, summaries or calculations as required to demonstrate compliance with this section.

b. Alternative Means and Methods. Deviations from the lighting standards provided in this section may be approved by the Director. The request shall state the circumstances and conditions relied upon for the approval and shall be accompanied by accurate plans and a legal description of the subject property. In addition, the following information shall be submitted:

i. Plans depicting the proposed light fixtures;

ii. Detailed description of the circumstances which necessitate the deviation;

iii. Details on the use of the proposed light fixtures for which the deviation is requested, including the type of outdoor light fixture(s) to be used, the total light output and character of the shielding, if any; and

iv. Such other data and information as may be required by the Director to demonstrate compliance with this title, guidance provided in the JBLM Lighting Study Report, recommendations from JBLM, and other best practices guidance related to outdoor lighting.

c. No Substitutions or “Value Engineering.” Deviations from approved plans including products and control device(s) are not permitted unless the applicable processes set forth in subsection (A) or (B) of this section are repeated and a new permit granted.

d. Appeals and Variances. Appeals from and variances from the provisions of this title shall be in accordance with LMC 18A.20.080, Type I administrative permit, either design review or land use approval.

H. Conflicts with Other Laws. Outdoor lighting shall comply with LMC 15.05.020(F) and (J). In the event the provisions in this section conflict with other state or federal laws, this section shall be applied in a manner intended to carry out all provisions of law to the maximum extent feasible. When there is an irreconcilable conflict between the provisions of this section and the provisions of federal or state law, the provisions of federal or state law shall prevail over the provisions contained in this section only to the extent necessary to avoid a violation of those other laws or code provisions. In the event of a conflict between the standards for individual uses and other general requirements of this section, the more stringent shall apply. Determination for appropriate standards shall be made by the Department.

I. Application of Ordinance to Legal Nonconforming Lighting.

1. Change of Use. If a property with noncompliant lighting changes use, then all outdoor lighting shall be brought into compliance with this title before the new use begins. Any uncorrected noncompliant lighting shall be removed or remain extinguished.

2. Resumption of Use after Abandonment. Beginning on the effective date of the ordinance codified in this title, If a property with noncompliant lighting is abandoned for a period of twelve (12) months or more, then all outdoor lighting shall be brought into compliance before resumption of use of the property. Any uncorrected noncompliant lighting shall be removed or remain extinguished.

3. Enforcement and Penalties. Reserved.

Figures and Tables

Figure 6. Shielding Requirements

Table 1. Residential (other than SF, Duplex and Mobile Home) Lighting Limits

Lighting Zone 1 (One)

Lighting Zone 2 (Two)

Lighting Zone 3 (Three)

Maximum lumens per fully shielded luminaire

900

900

900

Unshielded and decorative lighting

One per residence not to exceed 300 lumens

Two per residence not to exceed 300 lumens

Three per residence not to exceed 600 lumens

Maximum mounting height above adjacent grade

12 feet

12 feet

15 feet

Landscape lighting

Downlighting only not to exceed 300 lumens

Downlighting and/or shielded uplighting not to exceed 450 lumens per luminaire

Downlight and/or shielded uplighting not to exceed 600 lumens per luminaire

Maximum landscape lighting lumens per acre

6,000

12,000

18,000

Maximum allowable light trespass

0.1 footcandle (1 lux)

0.2 footcandle (2 lux)

0.5 footcandle (5 lux)

Table 2. Nonresidential and Multifamily Residential Lighting Limits

Lighting Zone 1 (One)

Lighting Zone 2 (Two)

Lighting Zone 3 (Three)

Maximum lumens per fully shielded luminaire, if not having BUG rating

2,500

5,000

15,000

Unshielded and decorative lighting

None allowed

Maximum 600 lumens per luminaire not to exceed 12,000 lumens per acre.

Maximum 900 lumens per luminaire not to exceed 18,000 lumens per acre

Maximum mounting height above adjacent grade

20 feet

25 feet

35 feet

Landscape lighting

Downlighting only not to exceed 450 lumens

Downlighting and/or shielded uplighting not to exceed 600 lumens per luminaire

Downlighting and/or shielded uplighting not to exceed 900 lumens per luminaire

Maximum landscape lighting lumens per acre

9,000

12,000

18,000

Maximum allowable light trespass

0.1 footcandle (1 lux)

0.2 footcandle (2 lux)

0.5 footcandle (5 lux)

Table 3. Street Lighting

Lighting Zone 1 (One)

Lighting Zone 2 (Two)

Lighting Zone 3 (Three)

Unshielded and ornamental decorative street lighting

None allowed

None allowed

Shielded uplighting limit rating of U3

Fully shielded street lighting

Allowed

Allowed

Allowed

[Ord. 814 § 2, 2024; Ord. 789 § 2 (Exh. A), 2023; Ord. 726 § 2 (Exh. B), 2019.]

18A.60.100 Building transition area.

A. The Building transition area limits the bulk of the multifamily dwelling and nonresidential use type structures along property lines that abut the Residential (R1, R2, R3, R4) and Mixed Residential (MR1, MR2) zoning districts.

B. Buildings, or portions of buildings, located within a building transition area shall not exceed forty (40) feet in height. Buildings, or portions of buildings, that exceed forty (40) feet in height shall be set back twenty (20) feet from any property line abutting a R1, R2, R3, R4 zoning district, plus an additional foot of setback for each additional foot of building height. The maximum setback under this provision is thirty-five (35) feet. See Figure 7 for reference.

[Ord. 726 § 2 (Exh. B), 2019.]

18A.60.110 Density standards.

The permitted number of dwelling units or lots shall be determined as follows:

A. The maximum density of each zoning district shall be the maximum number of dwelling units allowed per gross area of an acre, excluding accessory dwelling units. Maximum density shall be expressed as a ratio (e.g., three (3) dwelling units per acre).

B. The minimum lot size shall not determine maximum density. Maximum density shall not be exceeded, except as allowed by the provisions of LMC 18A.10.060.

C. Gross area is the total sum area of the lot, including easements, and wetlands, streams, shorelines, and other critical areas. The required critical area buffers and all legally recorded private access easements shall not be subtracted from the gross acre for the purpose of dwelling unit calculations. See Figure 8 below for reference.

D. For multifamily uses, maximum density may increase by one (1) unit for each significant tree preserved on a property that is located in the Downtown District (not to exceed more than twenty (20) percent of the total allowable units).

E. Bonus density, where applicable, shall be computed by adding the bonus units authorized by LMC 18A.90.050 to the base units computed under this section.

F. For multifamily use types, maximum density may increase by one (1) unit for each significant tree preserved on a property that is located in a census tract with a tree equity score of under the City’s 2018 average score of sixty-nine (69) (not to exceed more than twenty (20) percent of the total allowable units).

G. When calculations result in a fraction, the fraction shall be rounded down to the nearest whole number as follows:

1. Fractions of one-half (0.5) or above shall be rounded up; and

2. Fractions below one-half (0.5) shall be rounded down. [Ord. 775 § 1 (Exh. A), 2022; Ord. 758 § 2 (Exh. A), 2021; Ord. 726 § 2 (Exh. B), 2019.]

18A.60.120 Height standards.

A. Height Measurement. The height of a structure is measured from the average elevation of the undisturbed natural topography or preexisting grade on a site to the highest point of the structure. See Figure 9 for reference. The average elevation is determined by averaging the elevations of the undisturbed natural topography or the preexisting grade at all corners or change in wall plane of the proposed structure. An elevation benchmark shall be set on the lot, outside of the construction area, where it will remain undisturbed to allow verification of vertical elevation. See Figure 10 for reference.

B. Exceptions. Height standards shall not apply to assembly spires, flagpoles, belfries, and domes; chimneys, household antennas, ventilation stacks, or similar appurtenances that are required to be placed above the roof level and not intended for human occupancy.

C. Fence Heights. The height of a fence located on a rockery, retaining wall, or berm shall be measured from the top of the fence to the ground on the high side of the rockery, retaining wall, or berm. Net fences, such as those used on golf courses and/or driving ranges, shall not be higher than thirty-five (35) feet and shall meet the setbacks required for structures.

D. Flag Poles. Flag poles shall not exceed the maximum height allowed by the zone in which it is located. All such poles shall be placed so as to neither obstruct nor obscure adjacent property owners’ lines of vision. [Ord. 726 § 2 (Exh. B), 2019.]

18A.60.130 Street improvements.

A. Purpose. The purpose of this section is to provide standards for the minimum improvements to meet the goals of providing sidewalks and other means of nonmotorized circulation, controlling vehicle access, protecting living areas from traffic, unhealthy conditions and incompatible uses, and to continue to remedy potential groundwater contamination.

B. Sidewalks. Sidewalks shall be located along all arterial streets contiguous to the property line and shall serve to provide a pedestrian right-of-way and prevent interference or encroachment by fencing, walls, hedges, and other incompatible plantings and structures. Sidewalks of no less than five (5) feet in width shall be constructed with curb, gutter, and adjacent landscape strip, and shall meet the standards of LMC Title 12, Public Works.

1. Sidewalks shall be constructed by the developer of any new industrial, commercial, and multifamily development; nonresidential change of use, or major tenant improvement; commercial, nonresidential or multifamily residential remodel; or residential subdivision, where the new development, change of use, or remodel will increase vehicular or pedestrian traffic to and from the site, or otherwise impact the local street system as determined by the City Engineer.

2. In all subdivisions, in addition to sidewalks along arterial streets, sidewalks shall be installed by the developer on all interior streets as follows:

a. For subdivisions with one (1) to nine (9) dwelling units, sidewalks shall be required on one (1) side of the interior streets only.

b. For subdivisions of ten (10) or more dwelling units, sidewalks shall be required on both sides of the interior streets.

C. Utilities. Utilities shall be placed underground wherever possible, as determined by the City Engineer.

D. Sanitary Sewers. At the time of new development, expansion, or major tenant improvement which will increase the amount of wastewater generated, property owners are required to hook up to existing and available sewers lying within three hundred (300) feet of the property at the property owner’s expense.

If connecting to the existing sewer requires the property owner to obtain an easement across private property but the property owner is unable to do so, and can provide evidence that a reasonable attempt to obtain such easement was made, and providing further that hookup to any existing and available sewer requires the property owner to extend a line greater than one thousand (1,000) feet, a waiver from this requirement can be granted. This waiver provision does not apply to new subdivisions of five (5) or more lots.

E. Access. Multifamily, commercial and industrial development shall have access located on arterial streets or have access to arterial streets. All newly created residential lots shall access off internal plat roads, except as authorized by the City Engineer.

F. Lighting. Street lighting shall be provided in conjunction with new industrial, commercial, and multifamily development, major tenant improvements, or subdivisions. Street lighting shall be provided along arterial streets in accordance with specification and standards included in LMC 18A.60.095 and as approved by the City Engineer.

In commercial and industrial developments, including major tenant improvements, lighting and glare shall be shielded or directed away from residential uses. New multi-unit developments shall provide shielding or direct lighting and glare away from all other residential uses.

G. Equipment and Outdoor Activities. Mechanical equipment or outdoor activities such as but not limited to storage, loading, utilities, and waste disposal shall be integrated into the design of the building(s) or development and screened from view.

H. Street improvements shall be improved for all new developments as specified in: this section; Chapter 12.09 LMC, Transportation Facilities; Chapter 12.10 LMC, Site Development Provisions; Chapter 18A.70 LMC, Article I, Community Design; LMC 18A.70.150, Landscaping; Chapter 12.03 LMC, Standard Specifications, Guidelines and Regulations; and Chapter 18A.80 LMC, Parking.

I. The City Engineer and the Director may modify the street improvements requirements of this section in accordance with LMC 18A.60.030 and the following:

1. The City Engineer and the Director may permit modification of street improvement requirements and standards when development of the required improvement(s) is not, in the opinion of the City Engineer and the Director, practical due to physical limitations of the site which are no fault of the applicant.

2. The City Engineer and the Director may permit modification of street improvement standards where the required street improvement is not, in the opinion of the City Engineer and the Director, roughly proportionate to the impact, type, scale, and cost of the proposed development action.

3. The street design alternatives shall be documented as an administrative determination. Mailing of notice to adjacent property owners potentially affected by the development regulation modifications is required. [Ord. 726 § 2 (Exh. B), 2019.]

18A.60.140 Concurrency.

A. All new development and improvements, expansion, or intensification of an existing use shall be connected, at applicant expense, to a public primary infrastructure system to support the use.

B. If primary infrastructure is not available to the site or the existing infrastructure does not contain sufficient capacity to support the proposed development, the City may not:

1. Issue development permits which would allow for an increase in the amount of infrastructure demand generated from the site.

2. Permit the division of the property that provides for increased potential for development or demand for infrastructure. All new subdivisions, including short plats, preliminary/final plats, binding site plans and condominium conversions, shall require connection to the public sewer system prior to recordation of the subdivision instrument.

C. Primary infrastructure includes, but is not limited to:

1. Sanitary sewer.

2. Water.

3. Transportation and transit facilities.

4. Storm water.

5. Electrical.

6. Police, fire, and emergency medical.

D. The use of septic systems shall be limited to system replacement or as otherwise permitted by the Pierce County Health Department and approved by the City Engineer. [Ord. 726 § 2 (Exh. B), 2019.]

18A.60.150 Gated residential subdivisions.

The street(s) within a residential subdivision may be allowed to be gated pursuant to the following:

A. Gated streets cannot adversely affect the automobile or pedestrian traffic of an existing or future neighborhood. This will be determined by (1) the use of gated streets would not cause discontinuity in the existing or proposed public street system (e.g., street layout) including pedestrian traffic, (2) the use of gated streets cannot preclude public street access to other properties, and (3) the use of gated streets would not distribute an unacceptable amount of traffic through an existing or future neighborhood than would otherwise result if through public streets were used.

B. Gated residential subdivisions of more than four (4) lots can only be permitted as part of the plat process. Existing plats, proposed to be gated, must go through a plat alteration process as well as meeting all the requirements of this section.

C. The gated streets are to be privately owned and maintained. The private streets must however meet the same design, construction, and public facility extension standards required of public streets, including approval of the construction by the City.

D. A legally incorporated property owners’ association must be established and assume the responsibility and cost to repair and maintain the proposed private street(s) and gate(s). The property owners must also agree to maintain a policy of liability insurance in a minimum amount of $1,000,000 of which the City is named as insured to protect the City from any claims that may result from the property owners’ utilization of a gated roadway, including but not limited to malfunctions of the gate.

If the association fails to maintain the street(s), the bylaws of the association must give the City the right to maintain the street(s) and charge the cost of the maintenance, including any administrative costs, to the association members.

The bylaws establishing the association must state that if future owners should request the private street(s) be changed to public then the owners fully agree that, before the acceptance of such streets by the City, the owners will bear the full expense of reconstruction or any other action necessary to make the streets substantially consistent with the requirements of public streets applicable at the time.

If at any time the private streets are converted to public streets, then the gate(s) shall be removed at the expense of the association.

E. At the time of application for a preliminary plat or plat alteration the applicant shall address and provide evidence that those items as required in subsections (A), (B), (C), (D), and (F) of this section have been fulfilled. A preliminary plat or plat alteration shall not be approved unless it is found to meet the requirements of this section.

F. Design standards for all entry gates to residential developments including residential subdivisions, apartment complexes, condominiums, and mobile home parks.

1. A vehicle turnaround, turnout or similar mechanism shall be provided in front of the gate. The entrance to the proposed gate shall be designed and stamped by a professional civil engineer licensed in the State of Washington and shall allow for a safe turnaround for vehicles in front of the gate in cases where the vehicle is denied entry. The design for the gated entrance shall consider the abutting public roadway alignment and grade, sight distance, posted speeds and other engineering criteria relevant to designing the particular gated entrance. The proposal shall be reviewed for approval by the City Engineer.

2. Gate construction shall be of wrought iron or similar material approved by the Director and be constructed in such a manner to allow for viewing of obstructions located within the swing path of the gate. The swing path of the gate shall be away from or parallel with the vehicle approaching the gate. The gate and accessory equipment shall be coated to prevent corrosion.

3. If the entry gate(s) obstructs access to solid waste collection, public water, sewer, or storm water utilities, then a property owners’ or homeowners’ association will be required to meet all easement requirements and be responsible for assuring that twenty-four (24) hour access is provided to the City. The City Engineer shall determine a specified number of activation keys, activation devices or receive the access code to the gate which shall be distributed to the appropriate City departments. If the access method to the gate is subsequently modified, then the property owners’ or homeowners’ association shall notify the City Engineer and again provide to the City Engineer a specified number of activation keys, activation devices or the access code to the gate which shall be distributed to the appropriate City departments.

4. Emergency Access Provisions. Gates shall have rapid entry key capabilities as approved by the Fire Marshal. The gate shall provide for twenty (20) feet of clear passage for emergency access with a minimum clear height of not less than sixteen (16) feet six (6) inches in accordance with WSDOT Design Manual Section 1120.04, “Bridge Site Design Elements,” paragraph 5(a)1. Electrically operated gates shall have the capability to automatically default to the unlocked (open) position in the event of a power outage. [Ord. 726 § 2 (Exh. B), 2019.]

18A.60.160 Outdoor storage of recreational, utility and sporting vehicles accessory to residential uses.

The storage or parking of a recreational vehicle, utility vehicle or a sporting vehicle accessory to a residential use may be permitted subject to the following standards:

A. Recreational, utility and sporting vehicles shall not be stored on a lot where no residential use exists.

B. No more than one (1) recreational, utility and/or sporting vehicle as defined in LMC 18A.10.180, Definitions, or equipment shall be stored outside of an enclosed building or structure on any residential property. Multifamily residential complexes and zero lot line developments may allow the storage of additional recreational and sporting vehicles provided that the outdoor storage meets the requirements of LMC 18A.60.190, Outdoor storage and commercial yard surfacing standards.

C. Recreational, utility and sporting vehicles and equipment placed for storage purposes on property upon which the owner resides shall not be occupied for continuous periods, except for short-term, temporary purposes by a friend or relative for not more than twenty-one (21) days in any ninety (90) day period, whether it be in storage by the property owner or brought to said property by the friend or relative. Such temporary occupancy shall be permitted only with the prior written authorization of the Director for time periods as permitted in this section. Occupancy of the recreational, utility or sporting vehicle outside of the specific time periods referenced in the Director’s written authorization shall constitute conclusive evidence of a violation of this section. No electrical hookup shall be permitted to a vehicle other than during the time period said vehicle(s) are occupied or for humidity control purposes. No other utility hookups shall be permitted at any time.

D. Recreational, utility and sporting vehicles shall be stored on a parking pad or in the driveway of the residence. No portion of the vehicle shall be stored within the public right-of-way, even if a portion of the driveway extends into the public right-of-way.

E. The parking pad shall have an all-weather surface such as asphalt or concrete, paver stones, grasscrete or a minimum of three (3) inches gravel, which shall be maintained in such condition.

F. The parking pad shall be located at the side or rear of the dwelling, whenever feasible.

G. The parking pad shall be screened, to the maximum extent feasible, from the public street and neighboring properties by fencing and/or landscaping. [Ord. 726 § 2 (Exh. B), 2019.]

18A.60.170 Parking of commercial vehicles accessory to residential uses.

A. No more than one (1) commercial vehicle of a type commonly referred to as a utility van, step van, box van, flatbed pickup, tow truck, utility vehicle, emergency vehicle, semi-truck cab, or other similar vehicle, may be parked on a residential lot or one (1) per dwelling unit on a multifamily property, as an residential accessory use. If parked in accordance with the requirements of Chapter 18A.70 LMC and the following standards:

1. The commercial vehicle shall be stored on a parking pad or in the driveway of the residence. No portion of the vehicle shall be parked within the public right-of-way, even if a portion of the driveway extends into the public right-of-way.

2. The parking pad shall have an all-weather surface such as asphalt or concrete, paver stones, grasscrete or a minimum of three (3) inches gravel, which shall be maintained in such condition.

3. The parking pad shall be located at the side or rear of the dwelling, whenever feasible.

B. In residential zoning districts, the parking of buses, semi-truck trailer units attached to a semi-truck cab or detached, dump trucks, and other similar commercial vehicles or any commercial vehicles over ninety-six (96) inches in width or thirty (30) feet in length is prohibited as an accessory use. Unloading of shipping containers and semi-truck trailers may occur in residential zoning districts for periods not to exceed seventy-two (72) hours.

C. Commercial vehicles shall not be parked on, adjacent to, or abutting property zoned OSR1 or OSR2. [Ord. 726 § 2 (Exh. B), 2019.]

18A.60.180 Vehicle service and repair accessory to residential uses.

The repair, service, restoration, modification, assembly, disassembly, construction, reconstruction, or other work on a motor vehicle, recreational vehicle or a sporting vehicle on any residential premises in any zone that allows residential uses shall be subject to the following standards:

A. Work shall be limited to the noncommercial repair and maintenance of motor vehicles, recreational vehicles, sporting vehicles and vehicular equipment that is currently registered to a resident of the premises or a member of the resident’s family, which shall be limited to parents, grandparents, spouse, or children related by blood, marriage or adoption.

B. Such work is prohibited in multifamily residential complexes of three (3) or more dwelling units on a parcel, unless totally within an enclosed garage.

C. Such work shall be conducted on no more than one (1) vehicle at any one time.

D. Such work shall be conducted only between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends.

E. Assembly, disassembly or bodywork shall only be conducted within a fully enclosed garage or accessory building. Minor service and repair work may only be performed in a fully enclosed building, an open accessory structure, on a parking pad or in the driveway directly adjacent to the garage or carport. Such work shall not be performed in the public right-of-way nor shall vehicles be stored in the public right-of-way, even if a portion of the driveway extends into the public right-of-way. Nor shall any vehicle be stored in violation of LMC 8.26.030, Storage of certain vehicles and components prohibited.

F. The parking pad shall be located at the side or front of the dwelling, whenever feasible and shall have an all-weather surface such as asphalt or concrete, paver stones, grasscrete or a minimum of three (3) inches gravel, which shall be maintained in such condition as to act as an impervious surface.

G. Parts, equipment, debris, excess materials or other supplies needed for the repair of a vehicle on the premises shall be stored within a fully enclosed structure such as a garage or accessory building.

H. The performance of such work shall not create a nuisance to the neighbors.

I. Upon completion of any work allowed by this section, the property shall be cleaned of all debris, oil, grease, gasoline, cloths or rags, and all other equipment or material used in the work, and the property shall be left in such a condition that no hazard to persons or property shall remain.

J. Storage, containment, and disposal of all hazardous materials shall be in accordance with state and local regulations.

K. Disposal of all waste products shall be in accordance with state and local regulations.

L. Painting of vehicles is prohibited. [Ord. 726 § 2 (Exh. B), 2019.]

18A.60.190 Outdoor storage and commercial yard surfacing standards.

A. Outdoor Storage Areas and Yards.

1. Outdoor storage areas and yards shall be paved with asphalt or concrete, including contractor storage yards and areas where vehicles or heavy equipment will be parked, stored, or regularly maneuvered. Areas where unattached trailers; shipping containers; vehicles without engines, transmissions, oil and/or gasoline tanks; or where other inert materials or items are stored may be exempted from paving requirements at the discretion of the Director where it is determined that such storage does not pose a soil contamination hazard. A hydrogeological assessment per the City’s critical areas regulations may be required to assist the Director in making this determination.

2. No hazardous materials shall be stored or utilized in storage areas, except as permitted under the International Fire Code and any conditions of site development required by the City.

3. All storage areas shall be screened and fenced pursuant to LMC 18A.70.140.

B. Salvage yards, vehicle storage facilities, vehicle impound yards, and wrecking yards shall be paved with asphalt or concrete, fenced and landscaped pursuant to LMC 18A.70.140. [Ord. 726 § 2 (Exh. B), 2019.]

18A.60.195 Storage container standards.

A. Purpose. The purpose of this section is to regulate the use of storage containers on residentially zoned and residentially used properties in the City, which regulations are adopted to protect the public health, safety, and welfare, and promote positive aesthetics in the City.

B. Storage on Residential Use Properties.

1. Only accessory storage buildings defined in LMC 18A.10.180 shall be permitted as accessory storage containers on property in any residential zone of the City, or on any property within the City the primary use of which is residential. Cargo containers, railroad cars, truck vans, converted mobile homes, travel trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not permitted to be used as accessory storage buildings on property zoned residential or on property the primary use of which is residential.

2. Notwithstanding the provisions set forth in subsection (A) of this section, the temporary placement of transport containers and/or portable site storage containers on residentially zoned properties, or on properties the primary use of which are residential, for the limited purpose of loading and unloading household contents shall be permitted for a period of time not exceeding thirty (30) days in any one (1) calendar year.

3. Notwithstanding the provisions set forth in subsection (A) of this section, licensed and bonded contractors may use cargo containers for the temporary location of an office, equipment, and/or materials storage structure during construction which is taking place on the property where the cargo container is located, if the use of the cargo container is authorized pursuant to a City building permit.

C. Cargo Containers – Permitted Locations.

1. The placement of a cargo container as an accessory storage use is limited to the following zoning districts:

a. Central Business District (CBD).

b. Commercial 1 (C1), Commercial 2 (C2)

c. Industrial 1 (I1), Industrial 2 (I2).

d. Industrial Business Park (IBP).

e. Neighborhood Commercial 2 (NC2).

2. The placement of cargo containers is further limited to properties in the above-identified zones only if the property upon which the cargo container is proposed to be located is not primarily used for residential purposes.

D. Permit Required – Development Standards.

1. A building permit is required prior to placement of a cargo container larger than two hundred (200) square feet in area, ensuring effective anchoring/foundation according to the then most current edition of the International Building Code. The application shall show the proposed cargo container is accessory to the permitted use of the property and meets the placement criteria for the zone.

2. Cargo containers shall meet the setback requirements of the underlying zone.

3. Cargo containers shall not be stacked above the height of a single container device, except for placement within the light industrial zone and on the back yard one-half of the lot or parcel.

4. Cargo containers shall not be used for any advertising purpose and shall be kept clean of all alpha-numeric signage and writing.

5. As a condition of placement, cargo containers may be required to be fenced or screened from abutting properties and/or rights-of-way pursuant to the provisions of the underlying zoning regulations.

6. Cargo containers shall be in an approved designated area and on the same property as the principal use and be included in the calculation of overall lot coverage.

7. Cargo containers shall not occupy required off-street parking, loading or landscaping areas.

8. Materials stored within cargo containers are subject to review and approval by the Fire District.

E. Current Violations – Time to Comply. All owners of property within the City shall have one hundred twenty (120) days from the effective date of the ordinance codified in this chapter to bring the properties, which currently contain accessory storage buildings that are in violation of the terms of this chapter, into full compliance with the provisions of this chapter. [Ord. 726 § 2 (Exh. B), 2019.]

18A.60.200 Standards for uses and accessory uses not otherwise listed.

For permitted accessory uses, principal uses, administrative uses, and conditional uses that are not specifically listed in this section, the following development standards shall apply:

A. Parking Requirements. Parking requirements shall be provided in the manner set forth in Chapter 18A.80 LMC, Parking.

B. Landscaping Requirements. Landscaping requirements shall be provided for in Chapter 18A.70 LMC, Article II.

C. Tree Preservation. Significant tree identification, preservation, and replacement shall be provided for in LMC 18A.70.300 through 18A.70.330.

D. Community Design. Community design shall be provided in Chapter 18A.70 LMC, Article I.

E. Signs. Sign requirements shall be provided for in Chapter 18A.100 LMC.

F. Storm Water Management. Storm drainage control as provided in Chapter 12.11 LMC, Storm Water Management.

G. Street Improvements. Street improvements as required by Chapter 12.09 LMC, Transportation Facilities.

H. For standards and requirements that are not identified within a specific zoning district or within this chapter, the Director may make a determination and/or adjustment of the development standards using the following criteria, in addition to the appropriate discretionary permit review approval criteria:

1. Consistency. The development standards shall provide consistency with the intent, scale and character of the zoning district involved.

2. Impacts. The determination and/or adjustment of the development standard(s) does not negatively impact:

a. The adjacent property owners.

b. The safety of the general public.

c. The visual character, scale and design compatibility of the surrounding area.

3. The determination and/or adjustment of the development standard(s) shall be equal to, or superior in, fulfilling the intent and purpose of the original requirement. [Ord. 726 § 2 (Exh. B), 2019.]