This title shall be known as the City of SeaTac Zoning Code, hereinafter referred to as “the code.” (Ord. 15-1018 § 1)

The code is adopted by City of SeaTac ordinance, pursuant to Article XI, Section 11 of the Washington State Constitution. (Ord. 15-1018 § 1)

A.    To implement the SeaTac Comprehensive Plan’s policies and objectives and the goals of the State Growth Management Act (GMA);

B.    To protect health, safety and general welfare;

C.    To provide for the economic, social, and aesthetic advantages of orderly development and redevelopment through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards;

D.    To provide for adequate public facilities and services in conjunction with development;

E.    To ensure public safety by restricting development of lands containing physical hazards and to minimize the adverse environmental impacts of development; and

F.    To ensure that land use decisions are made in accordance with the public interest and applicable laws of the State of Washington, including the Growth Management Act and subsequent amendments. (Ord. 15-1018 § 1)

A.    No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with the Municipal Code. Site planning and design shall consider stormwater management, especially the design and integration of LID BMPs, as early as possible in the project planning phase. Where feasible, locate buildings away from soils that provide effective infiltration; site LID BMPs (as defined in Chapter 12.10 SMC) in areas with good infiltration capacity; reduce impervious surfaces; and retain native vegetation.

1.    Repealed by Ord. 18-1001.

2.    Repealed by Ord. 18-1001.

3.    Exemptions from Permit Requirements. The following actions are exempt from any permit requirements, although they must still meet the requirements of the code:

a.    Construction of an accessory building of less than one hundred twenty (120) square feet;

b.    Fences of six (6) feet or less in height;

c.    The cutting of one (1) or more trees by the owner of a residential property on which is an existing detached dwelling unit, unless such trees are in a steep slope, wetland, or other sensitive area, or sensitive area buffer, or unless such trees are required to be retained by covenants on the property.

B.    Creation of, or changes to, lot lines shall conform with the use provisions, dimensional and other standards, and procedures of the code and SMC Title 14, Subdivisions.

C.    All land uses and development authorized by the code shall comply with all other regulations and requirements of the code or any other local, State or Federal agency that has jurisdiction over land uses and development. Where a difference exists between the code and other regulations, the more restrictive requirements shall apply.

D.    Where more than one (1) part of the code applies to the same aspect of a proposed use or development, the more restrictive requirements shall apply. (Ord. 24-1022 § 5 (Exh. C); Ord. 18-1001 § 2; Ord. 16-1022 § 1 (Exh. C); Ord. 15-1018 § 1)

In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purposes of the code. Additionally, the Director shall issue an interpretation on areas of question as set forth in SMC 15.100.040, Interpretation – General. (Ord. 15-1018 § 1)

A.    Regulations, conditions or procedural requirements that are specific to an individual land use shall supersede regulations, conditions or procedural requirements of general application.

B.    A land use includes the necessary structures to support the use unless specifically prohibited or the context clearly indicates otherwise.

C.    Chapter and section headings, captions, illustrations and references to other sections or titles are for reference or explanation only and shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.

D.    The word “shall” is mandatory and the word “may” is discretionary.

E.    Unless the context clearly indicates otherwise, words in the present tense shall include past and future words defined in this title; all words and terms used in this code shall have their customary meanings.

F.    The Director shall issue administrative interpretation on the Zoning Code in order to clarify the intent and standards. The interpretation shall have the stated issue, findings of fact, and conclusions and shall be considered during the annual review of the code for inclusion as a standard.

G.    This title does not allow any use which is in violation of any local, State, or Federal laws, regulations, codes and/or ordinances. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1. Formerly 15.100.050)

See SMC 16A.03.030. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1. Formerly 15.100.070)

Should any chapter, section, subsection, paragraph, sentence, clause or phrase of this title be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this title. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1. Formerly 15.100.080)

Abut

To be contiguous with or touching property lines or right-of-way.

Accessory Dwelling Unit (ADU)

A dwelling unit located on the same lot as a detached dwelling unit, duplex, triplex, townhome, or other housing unit.

Accessory Dwelling Unit (ADU), Attached

An ADU located within or attached to a detached dwelling unit, duplex, triplex, townhome, or other housing unit.

Accessory Dwelling Unit (ADU), Detached

An ADU that consists partly of or entirely of a building that is separate and detached from a detached dwelling unit, duplex, triplex, townhome or other housing unit and is on the same property.

Accessory Structure

A nonattached structure which is subordinate and incidental to the main structure on the property.

Accessory Use

A use which is subordinate and incidental to the main activity or structure on the subject property.

Administrative Design Review

A development review process whereby an application is reviewed, approved, or denied by the Director based solely on objective design and development standards without a public predecision hearing, unless such review is otherwise required by State or Federal law, or the structure is a designated landmark or historic district established under a local preservation ordinance. The City may utilize public meetings, hearings, or voluntary review boards to consider, recommend, or approve requests for variances from locally established design review standards.

Affordable Housing

Unless the context clearly indicates otherwise, residential housing whose monthly costs, including utilities other than telephone, do not exceed thirty percent (30%) of the monthly income of a household whose income is:

A.    For rental housing, sixty percent (60%) of the 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.

B.    For owner-occupied housing, eighty percent (80%) of the 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.

Agricultural Crops

The products of agriculture which include fruits, vegetables, grains, seed, feed, flowers, ornamental and food-bearing plants and trees, as well as animal products.

Agricultural Crop Sales

The sale of agricultural products, produced on or off the site, which include fruits, vegetables, grains, seed, feed, flowers, ornamental and food-bearing plants and trees, as well as animal products.

Aircraft Storage Area

A building used to store private or public aircraft for short- or long-term periods of time.

Air Freight Terminal

A building used by public and private aircraft for the on- or off-loading of air freight for distribution to wholesale and retail customers.

Airport

Any runway, landing area or other facility directly designed or used by either public or private aircraft for the landing and taking off of aircraft, transfer of passengers and/or cargo, surface access, and other support facilities typically associated with airports, including:

A.    Taxiway;

B.    Control tower;

C.    Communication, maintenance facilities;

D.    Passenger, cargo terminals.

Airport Terminal Facilities

The complex of buildings, parking garages, and associated structures and improvements which provide access, activities, and facilities for the use, support, and convenience of the traveling public and other airport users and employees. Airport terminal facilities are generally located in proximity to each other, with reasonable pedestrian access among them.

Air Rights

The right to, in some manner, control the use of space above the surface of the ground.

Alley

A service drive providing a secondary means of access to abutting property and not intended for general traffic circulation.

Alter/Alteration

Any change, addition or modification in construction. Additionally, any human activity which results or is likely to result in any impact upon the existing condition of a sensitive area.

Amendment

A change in the wording of this title, adoption of a zoning map hereunder, a change in the zone boundaries upon zoning maps adopted hereunder, or the adoption of a planned unit development.

Amusement Park

A facility, primarily outdoors, that may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, buildings for shows and entertainment, and restaurants and souvenir sales.

Antiques, Antique Shop

Any article which, because of age, rarity or historical significance, has a monetary value greater than the original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. A store or shop selling only such articles or offering them for sale shall be considered as an antique shop or store, and not considered as a dealership handling used or secondhand merchandise.

Area Zoning

The procedures initiated by the City which result in the adoption or amendment of the zoning map on an area-wide basis. This type of zoning is characterized by being comprehensive in nature, dealing with natural homogeneous communities, distinctive geographic neighborhoods and other types of districts having unified interests within the City. Area zoning, unlike a reclassification (rezone), usually involves many separate properties under various ownerships and utilizes several of the zoning classifications available to express the City’s current land use policy in zoning map form.

Assembly and Packaging Operations

A facility where premanufactured components are assembled to construct a product. Products may be packaged and moved off site for wholesale or retail sale. This use includes but is not limited to assembly and packaging of computer, electronics, office equipment, chemicals and allied products, fabricated metal products, and other products.

Assisted Living Facility

An establishment providing living quarters and a variety of limited personal care and supportive health care monitoring to individuals who may be unable to live independently due to infirmity of age, or physical or mental handicap, but who do not need the skilled nursing care of a convalescent center/nursing home. These establishments may consist of individual dwelling units or sleeping rooms, but also provide communal dining, recreational, laundry and other facilities.

Auction House

An establishment where the property of others is sold by a broker or auctioneer to persons who attend scheduled sales periods or events.

Auto Court

An access drive that is bounded on two (2) or more sides by the walls of buildings, providing primary and/or secondary means of access to abutting property but not intended for general traffic circulation.

Automobile Wrecking Operation

Any person, corporation or enterprise engaged in the dismantling or wrecking of motor vehicles or trailers, or in the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

Automotive Service Center

Establishment primarily engaged in small vehicle repair and detailing, including the sale and installation of lubricants, tires, batteries, mufflers and similar accessories. (Ord. 25-1008 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Base Area

The total area of the horizontal cross-section of a tree as measured at four (4) feet above grade.

Basement

That portion of a story partly or totally underground and having at least one-half (1/2) of its height more than five (5) feet below the adjoining finished grade.

Batch Plant

The manufacturing of asphalt or concrete which may include the storage of related component materials.

Bay Windows

The combination of three (3) or more separate window units, attached to project from the building at various angles. The center section is normally fixed, with the end panels operable as single-hung windows, double-hung windows, casement windows or another type of operable window. A bay window may be rectangular, semi-polygonal or semi-circular, shall be a minimum of twenty-four (24) inches above grade, shall not include doors of any kind, and shall be limited to no more than one (1) story in height.

Figure: BAY WINDOWS

Beauty Salon/Personal Grooming Services

A service business operating to provide services related to hair, skin, nail and cosmetology care.

Bed and Breakfast

An owner-occupied dwelling which rents no more than three (3) bedrooms to no more than six (6) guests at a time for a period less than thirty (30) consecutive days and serves a prepared breakfast. A bed and breakfast is not a short-term rental as defined in SMC 15.105.190.

Berm

A formed mound of earth that creates a visual and physical barrier between developments, roads, and/or sensitive areas.

Biomedical Product Facility

An entity, business, or establishment that is involved in the design, development, assembly and/or manufacture of products developed specifically for the diagnosis, treatment or correction of medical disorders. Products produced by a biomedical product facility include pharmaceuticals, implants or prostheses.

Book, Stationery, Video, Audio and Art Supply Store

Establishment engaged in retail sales of new books and magazines, stationery, video and art supplies.

Buffer

Any structural, earth or vegetative form that is for the purpose of minimizing visual and noise impacts. Buffers may include, but are not limited to, berms, high shrubs, dense stands of trees, trellises and fences.

Buffer Strip

A linear land area designed and established to minimize the visual, noise and other environmental impacts a given land use may have on others. A buffer strip may include, but is not limited to, preserved natural vegetation, native and drought tolerant vegetation, evergreen trees, shrubs and tree plantings, vegetated LID BMPs, or landscape berms.

Building

A structure that is designed to provide a place of business, residence or shelter to occupants. For the purposes of setback standards, it does not include minor utility structures, light poles, utility boxes, benches, signs, bus shelter, security gatehouses, ticket booths or other similar structures.

Building Code

The City of SeaTac Building Code, as set forth in Chapter 13.110 SMC, Building Code.

Building, Hardware and Garden Materials Store

Establishment engaged in the selling of lumber and other building materials, feed, lawn and garden supplies.

Butterfly/Moth Breeding

The breeding of butterflies and moths for the purpose of wholesale or retail sales. This includes the entire life cycle of butterflies and moths and accessory activities such as the manufacture of enclosed biospheres for the butterflies and moths. This definition shall only include those butterflies and moths indigenous to the Pacific Northwest, which do not have a negative impact on forest and agricultural products or on ornamental trees, shrubs and vegetation, as determined by the City and applicable Washington State agencies. The breeding of butterflies and moths not indigenous to the Pacific Northwest shall be prohibited unless otherwise approved by the City and the applicable Washington State agencies. (Ord. 25-1008 § 1 (Exh. A); Ord. 22-1002 § 1; Ord. 16-1022 § 1 (Exh. C); Ord. 15-1018 § 1)

Cargo Containers

A standardized, reusable vessel, designed without an axle or wheels, which was:

A.    Originally, specifically, or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or

B.    Designed for or capable of being mounted or moved on a rail car; and/or

C.    Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.

When used for any purpose other than those listed in subsection (A) of this definition, a cargo container is a structure.

Cemetery

Land used or intended to be used for the burial of the human dead.

Circular Driveway

A driveway on a single lot that has two (2) access points to a public right-of-way.

City Hall

A structure maintained and used as a place to transact business, legislative and administrative functions, public meetings and hearings, and other operations of a Code City as defined under RCW 35A.01.035. City Hall may include a municipal court for the purpose of providing for the administration of justice, including court offices, court rooms and facilities for processing civil and/or criminal cases and related functions.

Classification

A refined identification of uses which, either individually or as a type, possess similar characteristics or performance standards and are permitted as possessing compatible uses in a zone. A classification as the term is employed in this title includes provisions, conditions and requirements related to the permissible location of permitted uses.

Coffee Shop/Retail Food Shop

Small, resident-oriented food shops selling goods, such as baked goods, coffee, and assorted sundries. Baked goods for sale on premises, but not for wider distribution, can be prepared on site.

College/University

Institutions of higher learning authorized to confer associate degrees, baccalaureate degrees and/or postgraduate degrees, accredited by the Northwest Association of Schools and Colleges.

Commercial/Industrial Accessory Uses

A commercial/industrial accessory use shall be a use similar in type to the permitted or allowed conditional uses on the property and directly related to the permitted or allowed conditional use. In no case shall a commercial/industrial accessory use, which is neither a permitted or conditional use of the underlying zone, occupy an area that is more than twenty-five percent (25%) of the gross floor area of all buildings on the subject property.

Commercial Marine Supplies

A business that provides for retail/wholesale purchase of supplies related to commercial marine activities, not to include the retail sales of boats.

Commercial Recreation Area and Use

An area and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon payment of a fee.

Community Center

A facility used for providing recreational and/or social programs, but not including emergency housing and emergency shelters.

Community Residential Facility (CRF)

Publicly or privately operated residential facilities, limited to group homes for children, for those with disabilities, or for the elderly; homes for recovering, non-using alcoholics and addicts; or shelters for domestic violence victims. Community residential facilities do not include reentry centers, emergency shelters, or emergency housing. Category I community residential facilities include small-scale permanent supportive housing and small-scale transitional housing.

Compensatory Storage

New excavated storage volume equivalent to any flood storage which is eliminated by filling or grading within the floodplain. For the purpose of this definition, equivalent flood storage capacity is that which is replaced by an equal volume as measured between corresponding one (1) foot contour intervals which are hydraulically connected to the floodway.

Comprehensive Plan

The officially adopted SeaTac Comprehensive Plan, including all the components thereof adopted by reference or lawfully incorporated parts thereof. It includes, but is not limited to, components required by State law, State growth management and subdivision law as referenced in the RCW.

Concession Sales

Sales of ready-to-eat pre-packaged food products to the general public at a temporary stationary location, from a motor vehicle that does not incorporate a kitchen or food preparation area (e.g., ice cream vendors, sales at construction sites, etc.). This includes the selling of goods, services, merchandise or food products as authorized pursuant to the park code, SMC 2.45.520.

Conditional Use

A use which is not permitted outright in a zone classification due to the nature of impacts created by the use, but which may be authorized under specific conditions based upon decision criteria of SMC 15.115.020, Conditional Use Permit (CUP).

Conference/Convention Center

An establishment developed primarily as a meeting facility; including access facilities for recreation, overnight lodging, and related activities provided for conference participants.

Conforming Building Use

An activity or use which is permitted in the zone classification in which the property on which it is established is located.

Construction Business

Establishments primarily engaged in the construction of buildings or engineering projects; the preparation of sites for new construction; the subdivision of land for sale as building sites; and activities to produce a specific component (e.g., masonry, painting, and electrical work) of a construction project. Construction businesses may include office areas, as well as storage yards for equipment and materials, for the construction trade.

Construction/Landscaping Yard

A yard or outdoor facility used as a place to store equipment and materials used by a construction or landscaping business. Construction/landscaping yards may include office areas, as well as outdoor storage for equipment and materials for the construction and landscaping trades.

Continuing Care Retirement Community

A development that provides a mix of dwelling types, residential services and health care to people at least fifty-five (55) years of age. These communities may provide a full continuum of housing and care, from independent living to assisted living and through nursing care, in order to meet the aging person’s growing need for supportive services and care.

Convalescent Center/Nursing Home

Any home, place or institution which operates or maintains facilities offering twenty-four (24) hour skilled nursing care for three (3) or more individuals who are recovering from an illness, or receiving care for chronic conditions, mental or physical disabilities, terminal illness, or alcohol or drug detoxification. Care may include inpatient administration of medicine, preparation of special diets, bedside nursing care, and treatment by a physician or psychiatrist. Outpatient care is limited to prior patients only, and excludes any opiate substitution treatment.

Cottage Housing

Residential units on a lot with a common open space that either: (A) is owned in common; or (B) has units owned as condominium units with property owned in common and a minimum of twenty percent (20%) of the lot size as open space.

Court

A facility used by any public agency, political subdivision or unit of local government of this State including but not limited to municipal corporations, special purpose districts, and local service districts, and agency of the State of Washington or of the United States or any state thereof which has responsibility for, and jurisdiction to process and provide for the handling of administration of justice, including court offices, court rooms and facilities for processing civil and/or criminal cases and related functions, for the purposes of such administration of justice functions; provided, that where such activities occur at a regular office of the public agency responsible for such functions, the provisions applicable to public agency office, as that term is defined in this code, shall control.

Courtyard

An open space area that is bounded on two (2) or more sides by the walls of adjacent buildings.

Courtyard Apartments

Attached dwelling units arranged on two (2) or three (3) sides of a yard or court.

Crisis Diversion Facility (CDF)

A residential treatment facility for individuals eighteen (18) years or older that diverts individuals from jails or hospitals suffering from mental illness and/or chemical dependency. A CDF is licensed by the Washington State Department of Health and certified by the Washington State Department of Social and Health Services, provides temporary shelter, operates twenty-four/seven (24/7), and holds individuals for up to seventy-two (72) hours. One (1) crisis diversion facility may be collocated with one (1) crisis diversion interim facility.

Crisis Diversion Interim Facility (CDIF)

A residential treatment facility that provides temporary shelter, additional on-site mental illness and/or chemical dependency treatments administered by mental health care professionals, operates twenty-four/seven (24/7), and individuals may stay at the facility for up to two (2) weeks. A CDIF is licensed by the Washington State Department of Health and certified by the Washington State Department of Social and Health Services. One (1) crisis diversion interim facility may be collocated with one (1) crisis diversion facility.

Cross-Section

A visual representation of a vertical cut through a structure, a proposed fill pad or any other three (3) dimensional form.

Figure: EXAMPLE OF A CROSS-SECTION

(Ord. 24-1022 § 5 (Exh. C); Ord. 23-1003 § 3; Ord. 21-1031 § 1; Ord. 18-1009 § 1; Ord. 17-1008 § 1 (Exh. A); Ord. 16-1022 § 1 (Exh. C); Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Dairy

Any premises where three (3) or more cows, three (3) or more goats, or any combination thereof are kept, milked or maintained.

Day Care I

A day care facility that provides for the group care of a maximum of twelve (12) children in any twenty-four (24) hour period. Day Care I facilities may be located within the caregiver’s place of residence.

Day Care II

A day care facility that provides for the group care of more than twelve (12) children in any twenty-four (24) hour period.

Day Care Facility

An establishment for the group care of nonresident children in any twenty-four (24) hour period. Day care facilities include:

A.    Nursery schools for children under minimum age for education in public schools;

B.    Privately conducted kindergartens when not a part of a public or parochial school.

Dedication

The deliberate appropriation of land by an owner for public use or purposes, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purpose to which the property has been devoted.

Density Bonus

A commercial or residential bonus in density units granted to developers for providing public benefits in their development plans.

Department

Means the Department of Community and Economic Development.

Department/Variety Store

Establishment engaged in the retail sales of a variety of lines of merchandise such as: dry goods, apparel and accessories, home furnishings, housewares, travel accessories and electronic items and accessories.

Development Regulations

The controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.

Director

Means the Director of Community and Economic Development or designee.

Disability

As used in SMC 15.465.400, Community Residential Facilities Standards, and 15.465.200, Accommodation of Persons with Disabilities, a “handicap” as defined in the Federal Fair Housing Amendments Act of 1988 at 42 U.S.C. Section 3602(h), with respect to a person –

A.    A physical or mental impairment which substantially limits one (1) or more of such a person’s major life activities;

B.    A record of having such an impairment; or

C.    Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in [21 U.S.C. § 802]).

Persons with disabilities include those who are developmentally disabled, mentally ill, as well as those in recovery for alcohol and drug addiction.

Distribution Center/Warehouse

A building, often with refrigeration or air conditioning, which is stocked with products (goods) to be redistributed to retailers, wholesalers or directly to consumers. May also be known as: a “DC”, a fulfillment center, a cross-dock facility, a bulk break center, and/or a package handling center. Does not include truck terminals.

Domestic Animals

Dogs, cats, birds, snakes, small rodents, rabbits, goats, pygmy goats, pot-bellied pigs, chickens (including roosters), miniature horses not exceeding forty (40) pounds, and ducks and other fowl, which can be and are continually kept or raised in a home or on a lot. Animals not considered to be domestic animals include, but are not limited to, the following: horses, cows, donkeys, and any endangered or exotic species of animals. The number of inside or outside domestic animals shall be limited as shown in SMC 15.440.100.

Dormitory

An accessory residential building to an educational institution consisting of individual rooms for sleeping and may include common dining, cooking, and interior recreation facilities.

Driveway

An access which serves a lot, structure, or parking surface.

Drug Store

Establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics and related supplies, including tobacco stores.

Dry Cleaner

An establishment engaged in the cleaning of clothing or fabrics with chemical solvents that have little or no water.

Duplex

A residential building with two (2) attached dwelling units.

Dwelling Unit

A residential living unit that provides complete independent living facilities for one (1) or more persons and that includes permanent provisions for living, sleeping, eating, cooking and sanitation.

Dwelling Unit, Detached

A dwelling unit that is not attached to any other dwelling unit by any means. Does not include accessory dwelling units (ADUs). (Ord. 25-1008 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 17-1008 § 1 (Exh. A); Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Easement

Land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property.

Elementary – Middle School

Any school licensed by the state and that meets the state requirements for elementary and middle school education.

Emergency Housing

Temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that are intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement.

Emergency Shelter

A facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelters may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations.

Employees

All persons, including proprietors, performing work on premises, or on all shifts, unless otherwise stated in specific sections of this code.

Enhancement

An action which increases the functions and values of a stream, wetland or other sensitive area or buffer.

Equipment Rental, Large

Establishments primarily engaged in renting or leasing heavy equipment without operators that may be used for construction, mining, or forestry, such as bulldozers, earthmoving equipment, well-drilling machinery and equipment, or cranes.

Equipment Rental, Small

Establishments primarily engaged in the rental of equipment other than automotive or as defined by Equipment Rental, Large.

Equipment Repair, Large

Establishments primarily engaged in the repair and maintenance of commercial and industrial machinery and equipment. This may include the following or similar activities: sharpening and installing commercial and industrial machinery blades and saws, providing welding repair services, repairing agricultural and other heavy and industrial machinery and equipment.

Equipment Repair, Small

The repair of appliances, stereo equipment, electronic pieces and computers. This term does not include the repair of motor vehicles in any form.

Erosion and Deposition

The removal of soils and the placement of these removed soils elsewhere by the natural forces of wind and/or water runoff.

Espresso Stand

A walk-up or auto-oriented (drive-through) business that dispenses hot and/or cold beverages.

Essential Public Facility

A facility providing public services, or publicly funded services that is difficult to site or expand and which meets any of the following criteria: meets the Growth Management Act definition of an essential public facility (EPF), at RCW 36.70A.200, as now existing or hereafter amended, is on the State, King County or City list of essential public facilities, serves a significant portion of the County or region, or is part of a County-wide or multi-county service system, and is difficult to site or expand. Essential public facilities include, but are not limited to, the following: airports, State and local correction facilities, State educational facilities, State and regional transportation facilities, landfills, solid waste handling facilities, sewage treatment facilities, major communication facilities and antennas (excluding wireless telecommunications facilities); and inpatient facilities such as group homes (excluding those facilities covered by the

Washington Housing Policy Act), mental health facilities, secure community transition facilities (SCTF), crisis diversion facilities, crisis diversion interim facilities, and substance abuse facilities, including opiate substitution treatment facilities.

Excavate(tion)

The mechanical removal of soils and/or underlying strata. (Ord. 24-1022 § 5 (Exh. C); Ord. 21-1031 § 2; Ord. 18-1001 § 10; Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Fill Material

Dirt, structural rock or gravel and similar structural substances, not including any inert waste as defined by Department of Ecology, customarily used to raise the level of the ground. Excludes topsoil, bark, ornamental rocks or gravel placed on the surface of the ground. Individual fill material shall not exceed twelve (12) inches in diameter, width, depth, or height.

Financial Institution

Establishments such as banks and credit unions.

Fire Code

The City of SeaTac Fire Code, as set forth in Chapter 13.150 SMC, Fire Code.

Fire Facility

A facility used by any public agency, political subdivision or unit of local government of this State including but not limited to municipal corporations, special purpose districts, and local service districts, and agency of the State of Washington or of the United States or any state thereof which has responsibility for fire suppression, fire prevention, other functions of fire departments, for the purposes of such fire department functions; provided, that where such activities occur at a regular office of the public agency responsible for such functions, the provisions applicable to public agency office, as that term is defined in this code, shall control.

Fiveplex

A residential building with five (5) attached dwelling units.

Floor Area

The total floor area within the walls of all buildings on a lot or building site, except for the spaces therein devoted to vents, shafts, and lighting courts, and except for the area devoted exclusively to loading and unloading facilities or parking of motor vehicles.

Food Processing

An industrial production of food from a natural state to a packaged state through approved FDA processes and standards.

Forest Product Sales

The sales of goods produced, extracted, consumed, gathered or harvested from a forest including, but not limited to: trees, logs, cones, wood chips, fuel wood and herbs.

Forest Product Sales, Temporary

The sales of goods produced and extracted from a forest including, but not limited to: Christmas trees, pine boughs, mushrooms and berries.

Fourplex

A residential building with four (4) attached dwelling units.

Fueling/Service Station

A building or lot having pumps and storage tanks where fuels, oils or accessories for motor vehicles are dispensed, sold or offered for sale at retail only; auto repair service is incidental and no storage or parking space is offered for rent.

Funeral Home/Crematory

A building used for the preparation of the deceased for burial; the use of heat or fire to reduce human or animal remains to ashes; the display of the deceased; and rituals connected therewith before burial or cremation. (Ord. 24-1022 § 5 (Exh. C); Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Garage

A deck, building or parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

General Business Service/Office

Establishment engaged in providing personal services to business establishments and citizens from an office setting, with no visible outdoor storage areas, including, but not limited to, the following uses:

A.    Financial institutions;

B.    Security and commodity brokers, dealers, exchanges and services;

C.    Insurance agents and carriers;

D.    Real estate business offices and agents;

E.    Legal services;

F.    Membership organizations;

G.    Nontesting research labs;

H.    Emergency services administration and substations.

Glare

The reflection of harsh, bright light, or the physical effect resulting from high luminance or insufficiently shielded light sources in the field of view.

Grading

Any excavation, filling, removing the duff layer or any combination of topsoils thereof.

Ground Floor Active Use

A ground floor use of a mixed-use building that attracts pedestrian activity, provides access to the general public, and conceals parking uses and other non-active uses if present on site. Examples of active ground floor uses include but are not limited to offices, retail, restaurants, cafes, and barber shop or hair salons. Ground floor active uses shall not include uses with access limited to the residents of the building; for example, on-site gyms that do not allow public access.

Groundcover

Low-growing plants such as grasses, flowers, ferns, herbs, small spreading shrubs, or other types of vegetation planted so as to cover and/or stabilize the surface soils within three (3) years of planting.

Group Home

See definition of “Community Residential Facility (CRF).” (Ord. 24-1022 § 5 (Exh. C); Ord. 16-1022 § 1 (Exh. C); Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Hangar/Service Bay

A building used for service and maintenance of private and public aircraft.

Hazardous Production Material (HPM)

A solid, liquid or gas that has a degree of hazard rating in health, flammability or reactivity of 3 or 4 as ranked by Fire Code Standard No. 79-3 and which is used directly in research, laboratory or production processes which have, as their end product, materials which are not hazardous.

Health Club

Facilities offering the use of exercise equipment for public use, and services such as, but not limited to, expertise and instruction for fitness training and aerobics classes. Does not include massage or other medically related services.

Health Hazard

Sanitation problems, including, but not limited to, sewage spills, raw sewage in any form, rodent infestation, potential disease causes as determined by an environmental health official, and chemicals that lead to acute or chronic health effects in exposed persons.

Heliport

An area of land or water or a structural surface which is used, or intended for use, for the landing and take-off of helicopters, and any direct maintenance, storage or fueling areas.

Helistop

Same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

High Capacity Transit (HCT)

Any form of public or private transit (bus, rail, train, Personal Rapid Transit (PRT), People Mover and other new technology) that moves a large number of people to set destination points.

High School

Any school licensed by the state and that meets the state requirements for secondary education.

Hobby Kennel/Hobby Cattery

A noncommercial establishment at or adjoining a private residence where four (4) or more adult dogs, or five (5) or more adult cats, are bred or kept.

Home Occupation

Any nonresidential use that occurs in a dwelling or accessory structure when such use is clearly incidental and secondary to the use of the dwelling or accessory structure, does not change the character of the dwelling, accessory structure, or neighborhood, and is carried on by a person permanently residing within the dwelling.

Hospital

An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended care facilities or training facilities.

Host Agency

The owner of the site property, being a church or other organization, that joins a sponsoring agency in an application for a City temporary use permit for providing basic services and support to temporary emergency homeless encampment residents, such as hot meals, coordination of other needed donations and services, etc.

Hostel

A facility providing transient, overnight accommodations, typically characterized by low cost, shared use of a self-service kitchen, common areas, sleeping rooms and bathroom facilities.

Hotel/Motel/Lodging

A facility consisting of four (4) or more guest rooms offering transient lodging accommodations, including inns, residence or extended stay hotels, other similar facilities, and all businesses subject to collection and payment of the tax levied by Chapter 67.28 RCW or City code, that offer rental accommodations for periods of generally less than thirty (30) days at a time. Associated uses may include additional services such as meeting rooms, restaurants, health spas, retail shops and beauty shops. (Ord. 24-1022 § 5 (Exh. C); Ord. 23-1003 § 1; Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Impervious Surface

A manmade or modified surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions before development; or that causes water to run off the surface in greater quantities or at an increased rate of flow compared to the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof, walkways, patios, driveways, parking lots, or storage areas, areas that are paved, graveled or made of packed or oiled earthen materials or other surfaces that similarly impede the natural infiltration of surface water or stormwater.

Improved Public Roadways

Public road rights-of-way that have been improved to an all-weather surface with at least two (2) travel lanes and are maintained by the City or the State of Washington.

International Building Code (IBC)

The International Building Code and related codes as amended and adopted by the City. (Ord. 16-1022 § 1 (Exh. C); Ord. 15-1018 § 1)

Junk

Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, wastes, machinery, scrap wood, or junked, dismantled or wrecked automobiles, or parts thereof; iron, steel, and other old or scrap ferrous or nonferrous material. Includes any other definitions of junk established in City ordinances. (Ord. 15-1018 § 1)

Kennel/Cattery

A commercial establishment which houses, cares for, breeds, raises or sells dogs or cats. Four (4) or more adult dogs or cats or any combination thereof constitute a kennel. Small animal hospitals and clinics and up to two (2) dwelling units, to be used as manager/caretaker residences, either attached or detached from the kennel, are included. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of six (6) months. (Ord. 15-1018 § 1)

Laboratories, Research, Development and Testing

A facility in which scientific research, investigation, testing, or experimentation occurs, but not including manufacture and sale of products.

Landscaping Business

A business which provides services to preserve or enhance natural or reconfigured land features, ground cover, grass, sod, and other plantings, to promote naturalistic and aesthetic values, or to effect natural or improved drainage and erosion control. The business may include the arrangement of such tangible objects as pools, walls, steps, trellises, canopies, and other nonhabitable structures, and other such features as are incidental and necessary to landscaping purposes. A landscaping business does not include the wholesale/retail sale of landscaping products including, but not limited to, trees, shrubs, plants, or any other vegetation (except those planted or installed by the business), or of any equipment that is necessary for the movement, planting, growth, and aesthetics of landscape materials.

Laundromat

A commercial establishment offering self-serve and assisted laundry facilities for public use.

Leasable Space

That area within mobile home parks designated on an approved master plan as lots for locating mobile home units with utility hook-ups.

Legal Lot

A lot created by the King County Assessor’s Office in accordance with Washington State Laws and Subdivision Code provisions set forth in the Washington State RCW and City of SeaTac Subdivision Code.

Library

A publicly owned facility in which literary, musical, artistic, or reference materials (as books, manuscripts, recordings, or films) are kept for use, or loan, but not for sale.

Liquor Store

State-licensed establishments primarily engaged in the retail sales of packaged alcoholic beverages, such as ale, beer, wine, and liquor.

Livestock

Domesticated animals, such as horses, cows, goats, sheep, swine and fowl.

Lot

A legal lot for building purposes which shall have sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have access to an improved public street, or to an approved private access.

Lot Area

The total horizontal area within the boundary lines of a lot, including access easements; however, the area contained in tracts or panhandles shall not be included in the lot area of a lot within any plat containing more than two (2) lots. In addition, the area of any easements over one (1) or more servient lots in favor of a dominant lot for the purpose of granting the owner of the dominant lot rights of personal use, possession and occupancy which are typically attributes of ownership shall not be included in the lot area of any servient lot.

Lot Coverage

That percentage of the lot area covered by all buildings including accessory buildings, uses and tent structures.

Lot Lines

The property lines that establish the boundaries of buildable lots. For information on how lot lines are designated see SMC 15.110.030, Designation of Lot Lines.

Lot, Parent

A lot which is subdivided into unit lots through the unit lot subdivision process.

Lot, Substandard

A lot or parcel of land which has less than the required minimum area or width as established by the zone in which it is located; and provided, that such lot or parcel was of record as a legally created lot on the effective date of the Zoning Code ordinance codified by the City.

Lot, Unit

A subdivided lot that allows up to one (1) dwelling unit created from a parent lot and approved through the unit lot subdivision process.

Lot Width

The distance between the two (2) established side lot lines of the lot.

Low Impact Development (LID)

A stormwater and/or land use management strategy that strives to mimic natural hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design, while also minimizing the potential for off-site flooding and soil instability.

Low Impact Development (LID) Best Management Practice (BMP)

Distributed stormwater management practices, integrated into a project design, that emphasize natural hydrologic processes of infiltration, filtration, storage, evaporation and transpiration, while protecting against off-site flooding and soil instability. LID BMPs include, but are not limited to, bioretention, permeable pavement, cast in place pavers, limited infiltration systems, roof downspout controls, dispersion, soil amendments, and minimal excavation foundations.

(Ord. 25-1008 § 1 (Exh. A); Ord. 16-1022 § 1 (Exh. C); Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Major Communication Facility

A communication facility for transmission of UHF and/or VHF television signals, FM and AM radio signals, and/or signals through FM translators or boosters not related to wireless communication facilities.

Major Redevelopment

Additions or alterations to a building or site, excluding interior-only improvements, which total fifty percent (50%) or more of the gross square footage (GSF) of the existing building(s) or site.

Major Transit Stop

A.    A stop on a high capacity transportation system found or expanded under the provisions of Chapter 81.104 RCW;

B.    Commuter rail stops;

C.    Stops on rail or fixed guideway systems; or

D.    Stops on bus rapid transit routes, including those stops that are under construction.

Manufactured Home

A detached building containing one (1) dwelling unit permanently affixed on a foundation, constructed within HUD standards.

Manufactured Home Park

Land under single ownership and control designed and used for the temporary or permanent placement of two (2) or more manufactured homes for human occupancy.

Manufacturing and Fabrication, Light

The transformation of materials or substances into new products, including construction and assembling of component parts and the blending of materials such as lubricating oils, plastics, resins or liquors. Light manufacturing and fabrication is characterized by the use being contained within buildings, and materials or equipment used in production not being stored outside. Light manufacturing and fabrication activities do not generate external emissions such as smoke, odor, noise, vibrations or other nuisances outside the building. This definition includes but is not limited to manufacture and fabrication of electronic components, office products, furniture, glass products, and other manufacturing and fabrication uses as determined by the Director.

Manufacturing and Fabrication, Medium

The transformation of materials or substances into new products including construction and assembling of component parts, and the blending of materials such as lubricating oils, plastics, resins or liquors. Medium manufacturing and fabrication is characterized by need for only very limited areas of outdoor storage and may create minor external environmental impacts during the conduct of operations but most impacts are contained on site. This definition includes but is not limited to manufacture and fabrication of alcoholic products, paints, printing ink, leather goods, and other manufacturing and fabrication uses as determined by the Director.

Massage Business

A commercial establishment in which massage or other touching (considered medically necessary) of the human body is provided for a fee. Any physical activities beyond the stated purpose of the use shall be dealt with in the same manner as any activities considered illegal by the applicable legal codes.

Maximum Yard Setback

The maximum distance from a front property line that the edge of a building may be placed.

Medical Office/Outpatient Clinic

An establishment for treatment of outpatients, and providing no overnight care for patients.

Middle Housing

Buildings that are compatible in scale, form, and character with detached dwelling units and contain two (2) or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.

Mitigation of Environmental Impacts

The use of any or all of the following actions, listed in descending order of preference:

A.    Avoiding the impact by not taking a certain action;

B.    Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;

C.    Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;

D.    Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;

E.    Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and

F.    Monitoring the impact and taking appropriate corrective measures.

Mobile Food Vending

Sales of ready-to-eat food to the general public at a temporary stationary location, from a motor vehicle that incorporates a kitchen or food preparation area. Mobile food vendors may also sell pre-packaged food products as a secondary activity.

Mobile Refueling Operation

An operation where a tank delivery vehicle, containing an approved combustible liquids dispensing storage tank with a maximum capacity of two thousand five hundred (2,500) gallons, is used to refuel commercial and construction vehicles with diesel engines for a site that does not include a stationary vehicle refueling station or facility. Mobile refueling operations do not include the mobile refueling of vehicles with gasoline or other alternate fuel powered engines.

Modular Home

A detached building containing one (1) dwelling unit for a family located on a permanent foundation, constructed within International Building Code (IBC) standards, but constructed off site and assembled on site. This term is identical to “factory-built home.”

Monitoring

Evaluating the impacts of development proposals on biologic, hydrologic and geologic systems and assessing the performance of required mitigation through the collection and analysis of data for the purpose of understanding and documenting changes in natural ecosystems, functions and features including, but not limited to, gathering baseline data.

Multi-Family Building

A building containing seven (7) or more attached dwelling units that does not meet the definition of middle housing.

Multi-Use Complex

A group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entrances for individual uses.

Museum

A nonprofit, noncommercial establishment operated as a repository or a collection of natural, historic, scientific, or literary curiosities, or objects of interest or works of art. Restaurants and gift shops may be included as part of any museum. (Ord. 25-1008 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 20-1026 § 5; Ord. 18-1009 § 2; Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Native Vegetated Surface

A surface in which the soil conditions, ground cover, and species of vegetation are like or similar to those of the original native condition for the site.

Noise

The intensity, duration and character of sound from any and all sources.

Nonconformance, Legal

Any legally established use, structure, or development standard which was lawfully allowed in the past, but is now not in conformance with the current code.

Nonconforming Use

Any use, structure, lot, condition, or development that does not conform to any of the provisions of the current code or that was not approved by the City through the appropriate decision-making process required under this code.

Nonprofit Organization

A noncommercial organization that does not operate to make a profit.

Noxious Weed

Any plant which is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to those plants on the State Noxious Weed List contained in Chapter 16-750 WAC.

Nursing Home

See definition of “Convalescent Center/Nursing Home.” (Ord. 16-1022 § 1 (Exh. C); Ord. 15-1018 § 1)

Off-Site Hazardous Waste Treatment and Storage

Hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facility is located.

Open Space

A variety of lands which are created and preserved for park and open space purposes, including:

A.    Publicly accessible plazas, courtyards, and pocket parks located either within the front yard setback or elsewhere on site;

B.    Active outdoor recreation areas;

C.    Multi-purpose green spaces;

D.    Pedestrian and bicycle-only corridors separate from the public or private roadway system and dedicated to passive recreation, including access links in sensitive area buffers. The square footage (length times width) of pedestrian and bicycle-only corridor shall be counted as usable open space; and/or

E.    Natural areas with outstanding scenic or recreational (active or passive) value;

F.    Public access areas to creeks, rivers, lakes or Puget Sound;

G.    Lands that define, through natural features, urban and rural areas;

H.    Lands that create corridors between natural features;

I.    Areas defined as critical areas under Chapter 15.700 SMC;

J.    Any landscaped area that exceeds the minimum adopted landscape requirements;

K.    Vegetated LID BMPs.

Opiate Substitution Treatment Facility

A facility designed to dispense an opiate substitute drug approved by the Federal Drug Administration for the treatment of opiate addiction.

Outdoor Encampment

Any temporary tent or structure encampment, or both. (Ord. 24-1022 § 5 (Exh. C); Ord. 21-1031 § 3; Ord. 21-1008 § 4; Ord. 16-1022 § 1 (Exh. C); Ord. 15-1018 § 1)

Park

Land owned by and open to the public, used for providing public access in a manner consistent with the preservation of its recreational, educational, cultural, historical, or aesthetic qualities.

Parking Lot

A public or private area other than a street or alley that provides parking for motor vehicles for the primary use on the property including, but not limited to, multi-family, office, retail, or commercial uses (including auto rental/sales). A parking lot is limited in use to the occupants, guests, or employees of the primary use of the property. A parking lot does not include an area used exclusively for the parking of motor vehicles for commercial purposes such as a park and fly lot.

Parking Lot, Public/Private

An area used exclusively for the parking of motor vehicles for a fee for any period of time.

Parking Space

An area accessible to vehicles, which is provided, improved, maintained and used for the sole purpose of accommodating a motor vehicle.

Parties of Record

Persons which have submitted written comments, testified, asked to be notified, listed on a maintained mailing list, or are the first signatory of a petition which is included as part of the official City record.

Passenger Terminal

A building for on- and off-loading passengers on private and public aircraft or other passenger modes of travel including, but not limited to, HCT, buses, PRTs, public rail systems and ferries.

Pedestrian Access

An area designed to allow access for pedestrians, including handicap access, from the public right-of-way to private land.

Perimeter Landscaping

Landscape buffers provided along the street and exterior boundaries of a site.

Permanent Supportive Housing

Subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident’s health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW.

Permanent Supportive Housing, Small-Scale

Has the same meaning as “permanent supportive housing,” but shall meet the CRF I limitations, such as numerical occupancy, as required in SMC 15.465.400(B)(1). Small-scale permanent supportive housing is included in the “community residential facility” definition.

Police Facility

A facility used by any public agency, political subdivision or unit of local government of this State including but not limited to municipal corporations, special purpose districts, and local service districts, and agency of the State of Washington or of the United States or any state thereof which has responsibility for law enforcement, and for regular police functions, for the purposes of such law enforcement and regular police functions; provided, that where such activities occur at a regular office of the public agency responsible for such functions, the provisions applicable to public agency office, as that term is defined in this code, shall control.

Preschool

A nursery school or educational program that is geared towards the education of very young children, generally between the ages of three (3) to five (5), but excluding day care uses.

Primary Use

The primary or predominant use of any lot or parcel.

Primary Vehicle Access

The major (or highest classification) street from which the majority of vehicles enter the subject property.

Principal Unit

The detached dwelling unit, duplex, triplex, townhome, or other housing unit located on the same lot as an accessory dwelling unit.

Produce Stand

A permanent structure up to five hundred (500) square feet in area used for the retail sale of fresh fruits and vegetables and may include, as an incidental or accessory use, the sale of sealed or prepackaged food products or nonfood items.

Professional/Business Office

A place of employment providing professional, administrative, business or governmental services other than production, distribution, sale or repair of goods or commodities.

Public Access

A portion of private property subject to an easement giving the public the right to stand on or traverse this portion of the property.

Public Access Pier or Boardwalk

An elevated structure which is constructed waterward of the high water line or upland of the water body and intended for public use.

Public Agency Office

An office maintained and used as a place to transact business, activity and operations of any public agency, political subdivision or unit of local government of this State including but not limited to municipal corporations, special purpose districts, and local service districts, and any agency of the State of Washington or of the United States or any state thereof.

Public Agency Yard

A yard or facility used as a place to store materials used by any public agency, political subdivision or unit of local government of this State including but not limited to municipal corporations, special purpose districts, and local service districts, and agency of the State of Washington or of the United States or any state thereof, as such materials are used by the “outdoor” operations of the public agency, and further used as a place to maintain equipment and facilities of the public agency.

Public Archives

A facility used by any public agency, political subdivision or unit of local government of this State including but not limited to municipal corporations, special purpose districts, and local service districts, and agency of the State of Washington or of the United States or any state thereof for the purposes of archiving, keeping, maintaining or storing documents, records or other property of the public agency; provided, that where such activities occur at the regular offices of the public agency, the provisions applicable to public agency office, as that term is defined in this code, shall control. (Ord. 25-1008 § 1 (Exh. A); Ord. 21-1031 § 4; Ord. 17-1008 § 1 (Exh. A); Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Quasi-Public Utility

A private business organization, such as a public service corporation subject to special governmental regulations; or a governmental agency; performing some public service, which is paid for directly by the recipient; including, but not limited to:

A.    Water supply;

B.    Solid waste;

C.    Electric power;

D.    Sewer;

E.    Natural gas;

F.    Telephone or cellular communications;

G.    Transportation for persons and freight. (Ord. 15-1018 § 1)

Radio Tower

A structure whose purpose or accessory purpose is the transmission of radio waves and the supporting structure for the transmission antenna or device.

Reasonable Use

A legal concept articulated by Federal and State courts in regulatory taking cases. Within the context of these cases and for the purposes of this title, reasonable use shall mean any use permitted in each zone classification, outright or through a permit, and shall not mean the subdivision of property.

Recreation, Community (Recreational Center)

A recreational use, building, or event maintained and operated by a nonprofit club, or an organization whose membership is for a specified group.

Recreation, Public

A recreation use maintained and operated by a governmental agency or any nonprofit organization on publicly owned or leased land for the benefit of the general public; or on private land for a limited user group if the activity fulfills a recreation need that might otherwise be fulfilled by public agencies.

Recycling Processing

Source separation or the processing of solid waste mechanically or by hand to segregate materials for sale or reuse. Materials which can be removed through recycling include, but are not limited to, mixed paper, newsprint, cardboard, aluminum, glass, plastics, chemicals, oil, wood, compostable organics (food and yard debris), ferrous metal, and inorganics (rubble and inert material).

Reentry Center

A facility or institution operated under contract with the Department of Corrections, and/or owned by the State or a government agency, used for incarcerated individuals to serve the remainder of a court-imposed sentence for a period not to exceed twelve (12) months in partial confinement. Also referred to as “work release” in accordance with Chapter 72.65 RCW. This definition excludes at-home electronic surveillance.

Regional Utility Corridor

A right-of-way, tract or easement which contains major transmission lines or pipelines for utility companies, excluding distribution lines contained within street rights-of-way or lines serving individual lots or developments.

Religious Organization

A Federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property. (RCW 36.01.290(6)(c))

Religious Use Facility

A structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held.

Religious Use Facility, Accessory

Uses which are secondary to the religious purpose of the religious use facility and are considered as providing services to members and other individuals. The uses include, but are not limited to, bookstores, cafeteria, child day care, educational classes, social services, and limited retail sales of only religious use facility related materials, and operation of emergency shelters and emergency housing as limited by SMC 15.205.040, Use Chart.

Replacement Cost

The current cost to reconstruct a structure or part of the structure in a manner similar to its previous condition to the current code standards.

Resident-Oriented Uses

A non-residential use that primarily seeks to serve local residents and the community’s day-to-day needs. Examples of resident-oriented uses include but are not limited to cafes, restaurants, barber shops, hair salons, libraries, community centers, and grocery or convenience stores. Resident-oriented uses do not include hotels, motels, bed and breakfast, or other short-term rentals.

Restaurant

Commercial use (excluding fast food restaurants) which sells prepared food or beverages and generally offers accommodations for consuming the food or beverage on the premises.

Restaurant, Fast Food

Commercial use which serves food or beverages, is built to encourage drive-through business, and minimizes the number of interior accommodations for on-site consumption of the product.

Retail, Big Box

A retail or wholesale establishment in a building greater than fifty thousand (50,000) square feet of gross floor area that typically requires a high parking-to-building area ratio. Big box retail buildings are typically single-story structures. Accessory outdoor display of some materials may occur.

Retail Establishment

A commercial enterprise which provides goods and/or services directly to the consumer, whose goods are available for immediate purchase and removal from the premises by the purchaser, and/or whose services are traditionally not permitted within an office use.

A.    A retail establishment includes but is not limited to: antique/secondhand store; apparel/accessory store; department/variety store; drug store; florist shop; food/grocery store; furniture store; hardware/garden store; hobby/toy store; jewelry store; liquor store; pet store; and sporting goods store.

B.    A retail establishment does not include pawn shops.

Retail, General

A retail establishment within a permanent structure engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This definition excludes retail, big box uses and pawn shops.

Retirement Apartments

A multi-family building or buildings, with occupancy restricted to at least one (1) individual aged fifty-five (55) or older per unit, which may contain communal recreational and dining facilities.

Right-of-Way

Land dedicated primarily to the movement of vehicles and pedestrians, and for providing primary access to adjacent parcels. Secondarily, the land provides space for utility lines and appurtenances and other publicly owned devices. (Ord. 24-1022 § 5 (Exh. C); Ord. 23-1003 § 2; Ord. 21-1031 § 5; Ord. 21-1008 § 5; Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Secondhand Store

A retail establishment in which the principal portion of the articles, commodities or merchandise handled, offered for sale, or sold on the premises is not new. Secondhand stores shall not be considered as including antique stores or pawn shops.

Secure Community Transition Facility (SCTF)

An inpatient facility for Level III sex offenders civilly committed and conditionally released to a less restrictive alternative. An SCTF has twenty-four (24) hour supervision and security, and either provides or ensures the provision of sex offender treatment services.

SEPA

The State Environmental Policy Act (Chapter 43.21C RCW).

Setback

The required distance from the base of a structure, support structure, or the edge of a wireless telecommunications facility equipment shelter to the property line of the parcel on which the structure, support structure or wireless telecommunications facility equipment shelter is located.

Sexually Oriented Business

Includes any of the following types of establishments:

A.    Sexually Oriented Entertainment

Any exhibition or dance of any type conducted on premises where such exhibition or dance involves the exposure to view of any portion of the breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.

B.    Sexually Oriented Theater

Any theater while that theater is providing entertainment through the showing of motion picture films predominantly distinguished or characterized by their emphasis on matter explicitly depicting any of the following:

1.    Human genitalia in a state of sexual stimulation or arousal;

2.    Acts of human masturbation, sexual intercourse or sodomy;

3.    Erotic fondling, touching or display of human genitalia, pubic region, buttock or female breast.

C.    Sexually Oriented Establishment

A commercial enterprise predominantly involved in the selling, renting or presenting for viewing of books, magazines, motion pictures, films, video cassettes, cable television, or other media distinguished or characterized by a predominant emphasis on matter explicitly depicting the items set forth in “sexually oriented theater.”

Examples of such establishments include, but are not limited to, adult book or video stores and establishments offering panorams or peep shows.

Shared Access Point

A common point of vehicle and pedestrian access from a right-of-way, or a vehicular access easement or tract for more than one (1) lot or use.

Shed

A single-story structure with one (1) or more sides enclosed, built for shelter or storage of materials.

Shoreline Master Program

The applicable City and State laws/codes related to the shoreline programs.

Short-Term Rental

A lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than thirty (30) consecutive nights.

A short-term rental does not include any of the following:

A.    A dwelling unit that is occupied by the owner for at least six (6) months during the calendar year and in which fewer than three (3) rooms are rented at any time.

B.    A dwelling unit, or portion thereof, that is used by the same person for thirty (30) or more consecutive nights.

C.    A dwelling unit, or portion thereof, that is operated by an organization or government entity that is registered as a charitable organization with the Secretary of State, State of Washington, or is classified by the Federal Internal Revenue Service as a public charity or a private foundation, and provides temporary housing to individuals who are being treated for trauma, injury, or disease, or their family members.

Significant Tree

An existing healthy tree which, when measured three (3) feet above grade, has a minimum diameter of:

A.    Eight (8) inches for evergreen trees; or

B.    Twelve (12) inches for deciduous trees (excluding poplar trees).

Single-Family Zones

The term shall have the same meaning as in RCW 36.70A.030.

Site

One (1) or more contiguous legal lots used as the basis upon which the provisions and standards of this code are applied.

Sixplex

A residential building with six (6) attached dwelling units.

Small, Resident-Oriented Uses

Those commercial uses that are geared to primarily serve local residents within a one-half (1/2) mile radius of its location, do not exceed two thousand (2,000) square feet in total gross feet, and will not have any significant impacts, such as excessive traffic or noise, that would negatively impact surrounding residential properties.

Social Service Office

An office maintained and used as a place to transact business activity and operations of any agency, association, entity or organization, whether public or private, and whether a business or a nonprofit organization, which provides as a major part of its function charitable, educational, legal, medical, psychological, religious, political entity, services to the community, including but not limited to associations, fraternal organizations and public service organizations; provided, that this definition shall not include hospitals and medical offices/outpatient clinics as those terms are defined in this code.

Specialized Instruction School

A school providing specialized instruction in areas including, but not limited to, art, music, cooking, and related disciplines. A specialized instruction school is also to be distinguished from vocational-technical schools, as defined in this code.

Sponsoring Agency

A church or other organization that joins in an application with a host agency for a City temporary use permit and assumes responsibility for providing basic services and support to temporary emergency homeless encampment residents, such as hot meals, coordination of other needed donations and services, etc.

Sports Club

A profit or nonprofit club providing the following activities:

A.    The instruction of basketball, softball, baseball, cheerleading fundamentals, martial arts and other similar activities.

B.    Weight lifting.

C.    Drop-in, pick-up game sport activities.

D.    Tournaments/competitions related to the instructional activities.

Stable

Land on which large domestic animals, such as horses, ponies, donkeys, cows, llamas, goats, pigs, or oxen, are kept for sale or hire to the public. Breeding, boarding, or training of large domestic animals may also be conducted.

Stacked Flat

Dwelling units in a residential building of no more than three (3) stories on a residential zoned lot in which each floor may be separately rented or owned.

Stadium/Arena

A large open or enclosed place used for games and major events and partly or completely surrounded by tiers of seats for spectators. This includes accessory eating and drinking establishments.

Storage, Self-Service

A building or group of buildings containing separate storage spaces of varying sizes that are leased or rented as individual units.

Storm Drainage

The movement of water, due to precipitation, either surficially or underground.

Street, Private

Any easement, tract or street for ingress and egress which is not a public street. Driveways which are not part of an easement, tract or street for ingress and egress shall not be considered streets.

Street, Public

All streets, highways, freeways, avenues, lanes, alleys, courts, places, or other public ways in the City, whether improved or unimproved, held in public ownership and intended to be open as a matter of right to public vehicular and pedestrian access.

Structure

Anything which is built or constructed (above or below grade), an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, excluding benches, statuary, utility boxes/lights, light poles, minor utility apertures, planter boxes less than forty-two (42) inches in height, fences seventy-two (72) inches or under in height, and residential tent structures.

Supportive Housing Facilities

A collective term for the following housing types: emergency housing; emergency shelters; permanent supportive housing; permanent supportive housing, small-scale; transitional housing; and transitional housing, small-scale, as defined in this chapter.

Surface Water Design Manual

The King County Surface Water Design Manual (KCSWDM), as amended by the City of SeaTac Addendum to the KCSWDM adopted in SMC 12.10.010. (Ord. 25-1008 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 22-1002 § 2; Ord. 21-1031 § 6; Ord. 16-1022 § 1 (Exh. C); Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Tavern

A commercial establishment licensed to sell alcoholic beverages for consumption on premises. Such establishments also usually offer food for on-site consumption, which may be prepackaged or prepared on premises.

Temporary Emergency Evacuation Storage Sites

The use of a parcel or parcels of property, either vacant or developed, for the temporary storage of vehicles, materials, equipment, or supplies, during flooding of the Green River Valley.

Tent Structure

An enclosure or shelter with twenty-five percent (25%) or greater sidewalls or drops on its perimeter.

Tent Structure, Canopy

An enclosure or shelter which is open without sidewalls or drops on seventy-five percent (75%) or more of the perimeter.

Theater/Entertainment Club

Any facility where live entertainment is provided or dancing occurs as a primary form of entertainment. Dining facilities may be provided as an ancillary use. This definition excludes movie theaters, sexually oriented businesses, taverns, fast-food and other restaurants.

Theater, Movie

An indoor facility for showing movies, including accessory retail sales of food and beverages. This definition excludes sexually oriented businesses and theater/entertainment clubs.

Topsoil

The uppermost strata of soil containing a large percentage of organic materials which is capable of providing suitable nourishment for vegetation.

Towing Operation

Any person, corporation or enterprise engaged in the moving of inoperable motor vehicles and storing (long-term or short-term) in an enclosed area. All such operations shall be in compliance with minimum State standards prior to commencing.

Townhouse

A building containing at least three (3) attached dwelling units that extend from foundation to roof and that have a yard or public way on not less than two (2) sides.

Traffic Control Devices

Signs, signals, stripes and other mechanical or graphic items which control the flow or direction of vehicular and pedestrian traffic.

Transit Park and Ride Lot

An approved parking lot used exclusively for providing motor vehicle and vehicular circulation specifically for the purposes of access to a metropolitan (or regional) public transportation system.

Transitional Housing

A project that provides housing and supportive services to homeless persons or families for up to two (2) years and that has as its purpose facilitating the movement of homeless persons and families into independent living.

Transitional Housing, Small-Scale

Has the same meaning as “transitional housing,” but shall meet the CRF I limitations, such as numerical occupancy, as required in SMC 15.465.400(B)(1). Small-scale transitional housing is included in the “community residential facility” definition.

Triplex

A residential building with three (3) attached dwelling units.

Truck Terminal

A building or area in which semitrailers, including tractor and trailer units, and other trucks are parked or stored for seventy-two (72) hours or less before being dispatched. This facility may include incidental servicing and washing facilities. (Ord. 25-1008 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 21-1031 § 7; Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Unit Lot Subdivision

The division of a parent lot into two (2) or more unit lots within a development and approved through the unit lot subdivision process.

Urban Center

An area of the City of SeaTac that is delineated on the City of SeaTac Official Zoning Map where urban densities and design standards are required, specifically within the UH-UCR, CB-C, O/CM, and RBX zones.

Use

An activity or purpose for which land, premises or a building thereon is designed, arranged, intended, or for which it is occupied or maintained, let or leased.

Use, Primary

The primary or predominant use of any lot or parcel.

Use, Subsidiary

A use on the property that is subordinate to the primary use of a property.

Utility Pole

Utility poles include telephone poles, light poles, and electrical transmission poles.

Utility Substation

Moderate to large scale facilities serving a sub-area, entire city or region including power substations, water transmission lines, wireless base stations, sewer collectors and pump stations, switching stations, gas transmission lines, water storage tanks and reservoirs and similar structures.

Utility Use

Facilities serving local areas including power lines, water and sewer lines, storm drainage facilities, transformers, pump stations and hydrants, switching boxes and other structures generally located in public rights-of-way or dedicated easements. (Ord. 25-1008 § 1 (Exh. A); Ord. 17-1023 § 1; Ord. 15-1018 § 1)

Vegetated LID BMPs

LID BMPs that utilize landscaping.

Vehicle, Large

Motor vehicles including motorcycles, passenger cars, trucks, and vans which have gross vehicle weights greater than sixteen thousand (16,000) pounds. In addition, “large vehicle” also includes recreational vehicles, buses, and boats, but does not include aircraft.

Vehicle Rental/Sales, Large

Rental, sales and incidental servicing of motor vehicles including, but not limited to, trucks, recreational vehicles, buses, boats, and heavy equipment, and similar size vehicles which have gross vehicle weights greater than sixteen thousand (16,000) pounds, but excluding airplanes or aircraft.

Vehicle Rental/Sales, Small

Sales, rental and incidental servicing of motor vehicles including, but not limited to, motorcycles, passenger cars, watercraft, light trucks, vans, and similar size vehicles which have gross vehicle weights less than sixteen thousand (16,000) pounds.

Vehicle Repair, Large

Vehicle repair includes fixing, incidental body or fender work, painting, upholstering, engine tune-up, major engine or transmission repair, adjusting lights or brakes, brake repair, other similar repair work and supplying and installing replacement parts of or for large vehicles.

Vehicle Repair, Small

Vehicle repair includes fixing, incidental body or fender work, painting, upholstering, engine tune-up, major engine or transmission repair, adjusting lights or brakes, brake repair, other similar repair work and supplying and installing replacement parts of or for small vehicles.

Vehicle, Small

Motor vehicles including motorcycles, passenger cars, trucks, vans and watercraft which have gross vehicle weights of sixteen thousand pounds (16,000) or less.

Veterinary Clinic

A place where domestic animals are given medical care and the boarding of animals is limited to short-term care incidental to the clinic use.

Vocational/Technical Schools

Schools and institutions providing longer-term (at least one (1) year) programs leading to proficiency, certification and associate degrees in vocational programs including computers, mechanical, food and hospitality service, automotive and aircraft services, surveying, welding, photography, carpentry, agriculture, horticulture, electrical, plumbing and construction trades. Truck driving instructional schools and heavy equipment operational schools also fall within this definition. (Ord. 16-1022 § 1 (Exh. C); Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Walking Distance

An area without physical space impediments for a walkable pathway without ADA obstruction.

Winery/Brewery/Distillery

An establishment which includes the brewing of beer, ale or malt beverage, the process of making wine, or the process of making distilled spirits. Accessory tasting rooms, retail sales and eating facilities may also be included.

Winery/Brewery/Distillery, Micro

A small-scale winery/brewery/distillery that meets the licensing requirements for microbreweries, craft distilleries and wineries of the Washington State Liquor and Cannabis Board. (Ord. 25-1008 § 1 (Exh. A); Ord. 16-1009 § 8; Ord. 15-1018 § 1)

Reserved. (Ord. 15-1018 § 1)

Reserved. (Ord. 15-1018 § 1)

Zoning Map

The map designated as such and adopted by the City showing the geographical location of use zones within the municipal boundaries. (Ord. 15-1018 § 1)

The purpose of this chapter is to explain how the standards of this code are determined, calculated, or measured. (Ord. 15-1018 § 1)

This chapter applies to all properties and developments. (Ord. 15-1018 § 1)

A.    Lot types are established as follows:

1.    Corner. A lot situated at the intersection of two (2) or more streets.

2.    Interior Lot. A lot abuts only one (1) street.

3.    Through Lot. A lot other than a corner lot, which abuts two (2) streets.

4.    Panhandle Lot. A lot set back from the public street with long narrow portions, which are also called handles, for access. The handle or access of a panhandle lot is defined as “that portion of a panhandle lot that is a minimum of twelve (12) feet in width and maximum of thirty (30) feet in width and a minimum length of fifteen (15) feet in length.”

5.    Internal Lot. A lot with no physical connection to a street that may or may not be served by an access easement.

6.    Dumbbell Lot. A lot in which the buildable area of the lot is separated by a portion of land that is thirty (30) feet or less in width and fifteen (15) feet in length or greater.

a.    Dumbbell Lot Prohibition. Dumbbell lots are prohibited within the City.

Figure: LOT TYPES

(Ord. 15-1018 § 1)

The property lines that establish the boundaries of buildable lots shall be designated as follows:

A.    Front Lot Lines.

B.    Rear Lot Lines. The line opposite, most distant and most parallel with the front lot line. For irregularly shaped lots, a line ten (10) feet in length within the lot and farthest removed from the front line and at right angles to the line comprising the depth of the lot shall be used as the rear lot line.

C.    Side Lot Lines. All lot lines which do not qualify as a rear or front lot line. (Ord. 25-1008 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

A.    To determine yard setbacks, lot lines shall be measured from the existing edge of the street right-of-way.

B.    Determining Front, Rear and Side Yard Setbacks.

1.    Front Yard. The front yard setback shall be measured from the front lot line as established in SMC 15.110.030(A), Designation of Lot Lines, Front Lot Lines.

2.    Rear Yard. The rear yard setback shall be measured from the rear lot line as established in SMC 15.110.030(B), Designation of Lot Lines, Rear Lot Lines.

3.    Side Yard. The side yard setback shall be measured from the side lot lines as established in SMC 15.110.030(C), Designation of Lot Lines, Side Lot Lines.

C.    Setbacks for Subdivisions and Short Plats with Access Easements.

1.    Lots created through subdivisions and short plats shall maintain required front, side and rear setbacks from any access easement, except as follows: short plats of only two (2) lots shall not be required to meet the side yard setbacks from approved access easements. (Ord. 21-1008 § 6; Ord. 15-1018 § 1)

A.    Lot area shall be the total horizontal land area contained within the boundaries of a lot, calculated pursuant to SMC 15.105.120, “Lot Area,” and subsection (B) of this section, Short Plats.

B.    Short Plats. In determining the lot area of new lots in short plats proposed under SMC Title 14, the area of the original lot area, including any area to be dedicated for public right-of-way, may be used in the calculation in the number of lots that may be segregated from the original lot. (Ord. 15-1018 § 1)

A.    Rectangular Lots. For rectangular lots, width shall be determined by the distance between the two (2) established side lot lines.

B.    Irregular Lots. For irregularly shaped lots, lot width shall be determined by the diameter of a circle that fits within the established lot lines. The diameter of the circle shall not exceed that stipulated in the standards chart. The topography of the lot where the circle is located shall not have an average slope exceeding twenty-five percent (25%) nor contain unbuildable, sensitive areas.

Figure: LOT WIDTH DETERMINATION

(Ord. 15-1018 § 1)

A.    Primary Structures.

1.    The height of a primary structure is measured from the established ground elevation (finished foundation) to:

a.    The highest point of the coping of a flat roof;

b.    The deck line of a mansard roof; or

c.    The midpoint of a gable, shed, or hipped roof.

2.    For primary structures on sloped property, the average of the lowest and highest ground elevation shall be considered the finished foundation measurement.

Figure: HEIGHT CALCULATION FOR A PRIMARY STRUCTURE ON LEVEL GROUND

B.    Accessory Structures.

1.    The height of an accessory structure is measured from the established ground elevation (finished foundation) to the highest point of the roof.

2.    For accessory structures on sloped property, the average of the lowest and highest ground elevation shall be considered the finished foundation measurement. (Ord. 15-1018 § 1)

A.    Lot coverage is that percentage of the lot area covered by all buildings including accessory buildings and uses and tent structures and tent structure canopies as defined under Chapter 15.105 SMC, Definitions, excluding driveway and outside parking areas.

B.    Coverage is determined by measuring from a horizontal plane from the building footprint as set forth in the Building Code. (Ord. 15-1018 § 1)

The purposes of this chapter are to allow for consistent evaluation of land use applications and any other decisions considered by the Hearing Examiner or Director pursuant to the applicable ordinances and authority.

The criteria in this chapter are intended to protect nearby properties from the possible effects of land use requests subject to discretionary land use permits by:

A.    Providing clear criteria on which to base a decision;

B.    Recognizing the effects of unique circumstances upon the development potential of a property;

C.    Avoiding the granting of special privileges;

D.    Avoiding development which may be unnecessarily detrimental to neighboring properties;

E.    Requiring that the design, scope and intensity of development is in keeping with the physical aspects of a site and adopted land use policies for the area; and

F.    Providing criteria which emphasize protection of the general character of neighborhoods. (Ord. 21-1008 § 7; Ord. 15-1018 § 1)

A.    A variance is a request for an exception to the development standards of the code because of special circumstances (i.e., size, shape, topography of lot) when the strict application of the code deprives such property of privileges enjoyed by other similar properties. A variance may be granted when a hardship is proven. A variance cannot be used for relief from types of uses permitted within zone classifications.

B.    The applicant must show that the proposed development issue requiring a variance meets all of the following criteria for approval, except as specified in subsection (C) of this section:

1.    The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and

2.    That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

3.    That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and

4.    That the special circumstances necessitating the variance have not resulted from any action of the applicant; and

5.    That the requested variance will not create a use not generally permitted within the zone in which the subject property is located.

C.    A variance from the standards for macro facilities regarding height, setbacks, aesthetics (including concealment), equipment enclosures and the dimensions of freestanding poles specified in Chapter 15.480 SMC, Wireless Communication Facilities, may be granted only in situations where all of the following criteria are met. These criteria shall apply in lieu of those specified in subsection (B) of this section.

1.    The specified standard would have the effect of prohibiting the provision of wireless service;

2.    The variance will not harm the public welfare of adjacent properties;

3.    The requested variance will not create a use not generally permitted within the zone classification in which the subject property is located;

4.    The variance is the minimum necessary to grant relief to the applicant;

5.    Any request for a variance from the standards regarding height, aesthetics, equipment enclosures and dimensions of freestanding poles specified in Chapter 15.480 SMC, Wireless Communication Facilities, shall include a written report that specifies:

a.    The necessity of the site to provide the wireless service; and

b.    The necessity of the requested variance as the minimum necessary to meet the service provider’s technical need; and

c.    An assessment of all feasible alternatives that could meet the service provider’s technical need. The alternatives assessment shall include collocations and alternative sites. (Ord. 24-1022 § 5 (Exh. C); Ord. 20-1026 § 6; Ord. 15-1018 § 1)

A.    A conditional use permit (CUP) is a permit which sets special conditions regarding a use in a zone where the use is not permitted outright due to the nature of impacts created by the use.

B.    The CUP process is a means of imposing special conditions and requirements on development, so that the compatibility of uses shall be maintained considering other existing and potential uses within the general area where the conditional use is proposed. Conditions imposed on a CUP will reasonably assure that a nuisance or hazard to life or property will not occur. The CUP process is not a means to reduce the requirements of a zone classification where the conditional use is proposed.

C.    The applicant must show that the proposed development satisfies all of the following criteria for approval:

1.    The proposed use is listed as a conditional use under SMC 15.205.040, Use Chart;

2.    The site is adequate in size and shape for the proposed project and the use conforms to the general character of the neighborhood;

3.    The unique character of topography, arterial streets and adjacent land use complement the proposed conditional use;

4.    The conditional use would not be detrimental to surrounding land use;

5.    Modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this code;

6.    The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood; and

7.    The conditional use will be supported by adequate public facilities or services, and will not adversely affect public services to the surrounding area unless conditions can be established to mitigate adverse impacts; and

8.    For new wireless macro facilities (Chapter 15.480 SMC) and subsidiary uses (Chapter 15.470 SMC), all use-specific criteria in those chapters are met. (Ord. 24-1022 § 5 (Exh. C); Ord. 21-1031 § 12; Ord. 21-1008 § 8; Ord. 20-1026 § 7; Ord. 15-1018 § 1)

A.    If it is determined, as a discretionary matter, that particular and demonstrable public benefits will accrue to the City, development agreements may be entered into by and between the City and persons and entities having ownership or control of real property, pursuant to RCW 36.70B.170 through 36.70B.200 to establish development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of specific real property, to engender funding or providing of services, infrastructure, and other facilities, including potential reimbursement over time for private financing of public facilities, and to permit imposition of impact fees, inspection fees, dedications, other financial contributions, and mitigation measures where the same are expressly authorized by provisions of State law.

B.    The terms of any such development agreement shall be consistent with the Comprehensive Plan and with the development regulations of this code, and the provisions of this section. Development agreements are subject to the public hearing notice requirements contained in SMC 16A.13.010, Notice of Public Hearing.

C.    Terms of the proposed development agreement shall be subject to the preapplication meeting process set forth at SMC 16A.05.020, Preapplication Meetings, and such other provisions of SMC Title 16A, Development Review Code, as may be deemed appropriate by the City.

D.    The Director is authorized, but not required, to negotiate acceptable terms and conditions of the proposed development agreement with due regard for the following criteria:

1.    The development agreement conforms to the existing Comprehensive Plan policies.

2.    The terms of the development agreement are generally consistent with the development regulations of the City then in effect.

3.    Appropriate project or proposal elements such as permitted uses, residential densities, and nonresidential densities and intensities or structure sizes are adequately provided, to include evidence that the site is adequate in size and shape for the proposed project or use, conforms to the general character of the neighborhood, and would be compatible with adjacent land uses.

4.    Appropriate provisions are made for the amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of State law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications.

5.    Adequate mitigation measures, development conditions, and mitigation requirements under Chapter 43.21C RCW are provided.

6.    Adequate and appropriate design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features are provided.

7.    If applicable, targets and requirements regarding affordable housing are addressed.

8.    Provisions are sufficient to assure requirements of parks and open space preservation.

9.    Interim uses and phasing of development and construction is appropriately provided. In the case of an interim use of a parcel of property, deferments or departures from development regulations may be allowed without providing a demonstrated benefit to the City; provided, that any departures or deferments to the code requested for a final use of the property shall comply with criteria No. 11 below. The agreement shall clearly state the conditions under which the interim use shall be converted to a permanent use within a stated time period and the penalties for noncompliance if the interim use is not converted to the permanent use in the stated period of time.

10.    Where a phased development agreement is proposed, a site plan shall be provided and shall clearly show the proposed interim and final use subject to the agreement.

11.    In the case of a development agreement where the proposed use would be the final use of the property, it shall be clearly documented that any departures to the standards of the code, requested by the applicant, are in the judgment of the City, offset by providing a benefit to the City of equal or greater value relative to the departure requested. In no case shall a departure to the code be granted if no benefit to the City is proposed in turn by the applicant.

12.    Conditions are set forth providing for review procedures and standards for implementing decisions.

13.    A build-out or vesting period for applicable standards is provided.

14.    Any other appropriate development requirements or procedures necessary to the specific project or proposal are adequately addressed.

15.    If appropriate, and if the applicant is to fund or provide public facilities, the development agreement shall contain appropriate provisions for reimbursement over time to the applicant.

16.    Appropriate statutory authority exists for any involuntary obligation of the applicant to fund or provide services, infrastructure, impact fees, inspection fees, dedications, or other service or financial contributions.

E.    If the Director deems that an acceptable development agreement has been negotiated and recommends the same for consideration, the City Council shall hold a public hearing and then may take final action, by resolution, to authorize entry into the development agreement. In addition, the Council may continue the hearing for the purpose of clarifying issues, or obtaining additional information, facts, or documentary evidence.

F.    The decision of the Council shall be final immediately upon adoption of a resolution authorizing or rejecting the development agreement.

G.    Following approval of a development agreement by the Council, and execution of the same, the development agreement shall be recorded with the King County Recorder.

H.    Because a development agreement is not necessary to any given project or use of real property under the existing comprehensive plan and development regulations in effect at the time of making application, approval of a development agreement is wholly discretionary and any action taken by the City Council is legislative only, and not quasi-judicial.

I.    The Director is hereby authorized and directed to cause the Official Zoning Map to be amended to notate properties subject to approved development agreements, and to update the zoning map upon adoption of future agreements. A notation shall be placed upon the Official Zoning Map and on appropriate GIS databases to provide notice of the development agreement. The notation shall reference an appendix to the Zoning Code which shall identify the development agreement and any other details deemed appropriate. (Ord. 24-1022 § 5 (Exh. C); Ord. 21-1008 § 9; Ord. 15-1018 § 1)

A.    Purpose. The purpose of this section is to establish a formal process for identifying and siting of essential public facilities (EPFs).

B.    Included Essential Public Facilities. EPFs subject to this section include, but are not limited to, those facilities identified in the EPF definition (SMC 15.105.050), the Seattle-Tacoma International Airport, Interstate 5, State Route 509 (both current and proposed extensions), State Route 518, the Federal Detention Center, the King County Bow Lake Solid Waste Transfer Station, and the Sound Transit’s “LINK” Light Rail System. Reentry centers are not subject to the CUP-EPF review procedure and are permitted as a major conditional use, subject to the criteria in SMC 15.115.020(D), Conditional Use Permit (CUP).

C.    Threshold Review. During or within forty-five (45) days subsequent to the mandatory preapplication meeting required by SMC 16A.05.020, Preapplication Meetings, the Director shall make a threshold determination, and advise the potential applicant in writing of such determination, whether the proposed project is an EPF and, if so, whether it is difficult to site. In making said determinations, the Director shall broadly and liberally apply the definition of an EPF in consideration of the full range of proposed and potential services to be provided to the public, whether provided directly by, funded by, or contracted for by a governmental agency, or provided by a private entity or entities subject to public service obligations. The determination of whether an EPF will be difficult to site shall be made by the Director upon known or reasonably perceived and articulable facts. Proposed projects determined not to be EPFs, and proposed projects determined to be EPFs but also determined to be not difficult of siting, shall be reviewed and processed as any other similar project pursuant to the City Development Code without regard to this section.

These requirements shall not be construed to limit the appropriate use of schools and other facilities for emergency shelters in disaster situations.

D.    Applications for EPF Projects. All proposed projects determined to be EPFs and determined to be difficult to site or expand shall be reviewed and conditioned in accordance with all requirements of this code and, in addition, with the conditional use permit procedure, herein referred to as the CUP-EPF review procedure. All applications shall contain the following information:

1.    A detailed written description of the proposed and potential public services to be provided, the source or sources of funding, and identification of any applicable public regulatory agencies;

2.    A written statement of the need, in statistical or narrative form, for the proposed project currently and over the following ten (10) year period;

3.    An inventory of known, existing or proposed facilities, by name and address, within King County, or within the region, serving the same or similar needs as the proposed project;

4.    An explanation of the need and suitability for the proposed facility in the proposed City location(s);

5.    Information regarding the number of jurisdictions affected or served by the proposed EPF;

6.    An analysis of the environmental, social, economic, financial and infrastructure impacts of the proposed EPF, including an assessment of the proportionate financial impacts on affected jurisdictions, and consideration of copies of agreements which allocate the financial burdens of the proposed project on the City and other jurisdictions;

7.    An analysis of the proposal’s consistency with the City of SeaTac Comprehensive Plan and development regulations, and plans and policies of other affected jurisdictions, including but not limited to the King County Countywide Planning Policies;

8.    Documentation of public involvement efforts to date, including public and agency comments received, and plans for future public participation;

9.    Such information as requested by staff to complete the preliminary analysis and/or information to assist the Ad Hoc Committee, City staffs and City Council in making the final determination on the CUP-EPF.

E.    CUP-EPF Review Process. All EPFs shall be subject to the following CUP-EPF review procedure:

1.    Project Notification. The applicant, after a preapplication meeting, shall notify the City as soon as possible of intent to submit a CUP-EPF review application. If the applicant does not notify the City of a pending EPF review application, the City may make an initial determination of whether the proposed project is subject to CUP-EPF review, and shall notify the project proponent, in writing, of the City’s determination.

2.    Environmental Review. The EPF project shall comply with all applicable SEPA/NEPA requirements and the proponent shall mitigate identified environmental impacts as conditions of CUP-EPF approval.

3.    Formation of Ad Hoc Committee. The City Council shall establish an Ad Hoc Committee by appointing up to seven (7) members and the Planning Commission appointing one (1) member, for each CUP-EPF application. The Ad Hoc Committee may include representatives of the Planning Commission or other persons with detailed knowledge of City land use or transportation issues. The Ad Hoc Committee shall be appointed by the City Council within seventy-five (75) days of the determination by the Director that the proposed project is an EPF, pursuant to subsection (C) of this section.

a.    The City Council will establish a time frame of not more than sixty (60) days, unless a longer time frame is necessary due to an EPF project timeline, in which the Ad Hoc Committee must review, consult and issue recommended conditions for the EPF. This time frame may be extended only by the authority of the City Council, and shall not be extended more than a maximum of three (3) such time periods, unless the applicant agrees that more time is needed.

b.    Prior to accepting an appointment on the Ad Hoc Committee, an appointee must divulge any vested interest in any properties or businesses, the value of which could be substantially affected by the committee’s recommendations, if any.

4.    Ad Hoc Committee Review and Coordination. The Ad Hoc Committee shall make recommendations to the designated hearing body regarding the appropriate conditions to mitigate the impacts of the proposed EPF under the authority of the City’s SEPA regulations, Comprehensive Plan and development regulations. City staff shall prepare an analysis of the CUP-EPF application for use by the Ad Hoc Committee. The Ad Hoc Committee shall review the staff analysis of the proposed EPF project and prepare written recommendations on each of the following:

a.    Any criteria identified in subsection (F) of this section that was reviewed by the Ad Hoc Committee; and

b.    Whether the project should include a zoning overlay; and

c.    Any recommended conditions for mitigating the impacts of the proposed EPF under the authority of the City’s SEPA ordinances, Comprehensive Plan and development regulations.

The Ad Hoc Committee shall present its draft recommendations to the Planning Commission and, upon receiving input of the Planning Commission, shall prepare final written recommendations to the designated hearing body.

5.    Designated Hearing Body. The Hearing Examiner shall hear an essential public facility application. However, the City Council may determine that the application should be heard by the City Council, and in that case, the City Council will be the designated hearing body. The City Council’s determination should be based on the following criteria:

a.    Size of project;

b.    Area of City affected by proposed project;

c.    Environmental impact on sensitive areas;

d.    Timing of project.

6.    Staff Report. The Department shall prepare a staff report, which shall include Planning Commission comments, as well as the final recommendations of the Ad Hoc Committee. The staff report shall also include an evaluation of the consistency of the proposed EPF, as recommended by the Ad Hoc Committee, with the City’s adopted Comprehensive Plan and development regulations, and shall include proposed findings, proposed conclusions, and proposed recommendations for disposition of the proposed CUP-EPF to the designated hearing body for a public hearing.

7.    Public Hearing and Decision. The designated hearing body shall hold a public hearing pursuant to SMC 16A.13.020, Procedure for Public Hearing, to make findings and issue a decision. The notice of such public hearing shall be consistent with SMC 16A.13.010, Notice of Public Hearing. A final decision shall be rendered by the designated hearing body in accordance with Chapter 16A.15 SMC, Notice of Decision.

F.    Ad Hoc Committee Review Criteria. In making its recommendations the Ad Hoc Committee should consider the following:

1.    Whether the proposed site is adequate in size and shape for the proposed project and the use conforms, or can aesthetically conform, to the general character of the neighborhood.

2.    The proportionate financial burdens of the proposed EPF on the City and other affected jurisdictions, and whether they are reasonably mitigated as provided in an inter-jurisdictional agreement, or by other means.

3.    Whether the proposed EPF is compatible with the following:

a.    Availability and physical constraints of land.

b.    Compatibility with adjacent and nearby land uses.

c.    Mitigation of likely adverse environmental impacts, including but not limited to erosion, sensitive areas, noise, odor, traffic, and air and water quality.

d.    Basic infrastructure standards, such as vehicular traffic, and the availability of necessary utilities and services.

e.    The City of SeaTac’s Comprehensive Plan, development regulations, and SEPA regulations.

f.    Any existing and applicable City inter-jurisdictional agreements.

g.    Siting of secure community transition facilities must be in accordance with the siting criteria of Chapter 71.09 RCW, and regulations adopted pursuant thereto. In addition, no secure community transition facility shall be sited closer than three hundred thirty (330) feet from any residentially zoned property.

G.    Designated Hearing Body Review Criteria. The designated hearing body, giving substantial weight to the recommendations of the Ad Hoc Committee and the staff report, shall review the application under the following criteria:

1.    Whether the proposed action is consistent with the criteria under subsection (F) of this section;

2.    Whether modifications to recommended conditions or restrictions, if any, are needed to mitigate impacts in a manner which meets the standards of this code and any related development agreement;

3.    Any conditions or restrictions shall be consistent with any development agreements that are in existence at the time of the hearing; and

4.    Whether project conditions cumulatively are reasonable and would not preclude development of the EPF.

Should the recommendation of staff conflict with the recommendation of the Ad Hoc Committee the recommendation of staff shall be given greater weight.

H.    Development Agreements. The terms and conditions of a development agreement completed after the decision of the designated hearing body shall supersede the conditions and restrictions imposed by the designated hearing body. (Ord. 23-1003 § 4; Ord. 21-1008 § 9; Ord. 15-1018 § 1)

A.    The purpose of a rezone is to provide a change of zoning to allow a new or different land use which conforms with the City Comprehensive Plan. A rezone may be approved when there has been a change in conditions, and/or is necessary to implement the Comprehensive Plan.

B.    The applicant must show that the proposed rezone satisfies the following minimum criteria for approval by the Hearing Examiner:

1.    The proposal conforms with the Comprehensive Plan policies and land use map;

2.    The requested reclassification is in the public interest;

3.    The requested reclassification is not hazardous or will not have adverse impacts on adjacent properties;

4.    The requested reclassification does not pose undue burdens on public facilities; and

5.    For sites located within the designated urban center, the requested reclassification has, or will potentially have, an adequate link to a high capacity transit mode. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

A.    Purpose. Preliminary site plan provides an administrative process by which a development project is reviewed to ensure conformance with applicable policies, codes and development standards. The process is separate from and precedes initial building or engineering permit review and issuance.

B.    Authority and Application.

1.    Projects Which Require SEPA. At a minimum, preliminary site plan review is required for all projects subject to SEPA review per Chapter 16A.23 SMC. SEPA review shall occur concurrently with the preliminary site plan review process.

2.    Projects Which Do Not Require SEPA. The Director may establish administrative standards for projects to be subject to preliminary site plan review versus those more minor projects which can be approved through standard construction permit review/issuance.

3.    Interior Alterations. Preliminary site plan review is not required for interior alterations, provided the proposed interior alterations do not result in the following:

a.    Additional sleeping quarters or bedrooms; or

b.    Nonconformity with Federal Emergency Management Agency substantial improvement thresholds; or

c.    Increase the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems.

For purposes of this section, “interior alterations” include construction activities that do not modify the existing site layout or its current use and involve no exterior working adding to the building footprint.

4.    Supportive Housing. Preliminary site plan review is required for the location of emergency shelter, emergency housing, permanent supportive housing and transitional housing consistent with Chapter 15.205 SMC, Land Use Chart, and subject to the requirements set forth in SMC 15.465.350, Supportive Housing Facilities Standards.

C.    Approval. Upon the filing of a complete application, the Director or designee shall have the authority, subject to the provisions of this section, to approve, approve with conditions or deny a preliminary site plan application. Approval may be subject to conditions as deemed necessary to ensure conformance with policies, codes and development standards.

D.    Notice of Decision. Upon completion of review of the application, a written notice of decision shall be issued pursuant to Chapter 16A.15 SMC. The date of the decision constitutes the date of approval of the preliminary site plan.

E.    Voiding of Approval. A preliminary site plan approval shall become null and void if a complete application for a building permit, or other construction permit when no building permit is required, is not filed within three (3) years of the date of approval.

F.    Appeals. The applicant or any party of record may appeal the Director’s decision pursuant to Chapter 16A.17 SMC.

G.    Extensions. Upon written request of the property owner or his/her authorized representative, the Director may grant an extension of time up to but not exceeding six (6) months. Such extension shall be based upon finding that there has been no material change of applicable policies, codes and development standards, and that granting an extension would not be detrimental to the public health, safety or general welfare. (Ord. 24-1022 § 5 (Exh. C); Ord. 18-1001 § 3)

See Chapter 16A.17 SMC. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1. Formerly 15.115.070)

A.    Establish the legal status of nonconformance of structures or use on subject sites by creating provisions through which a nonconformance may be established, maintained, altered, reconstructed, expanded or abated;

B.    Recognize public investment in existing facilities; encourage the adaptive reuse which will continue to serve the community; and ensure public review of redevelopment plans by allowing:

1.    Temporary reuse of closed public school facilities retained in school district ownership, and the reconversion of a temporary reuse back to a school use;

2.    Permanent reuse of surplus nonresidential facilities (e.g., schools, fire stations, government facilities) not retained in school district ownership; or

3.    Permanent reuse of historic structures listed on the National Register or designated as county landmarks. (Ord. 15-1018 § 1)

A.    All nonconformance issues including, but not limited to, buildings, structures, lands and uses shall be subject to the provisions of this chapter.

B.    The provisions of this chapter do not supersede or relieve a property owner from compliance with:

1.    The requirements of the Building and Fire Codes; or

2.    The provisions of this code beyond the specific nonconformance addressed by this chapter. (Ord. 15-1018 § 1)

In any zone in which detached dwelling units are permitted, notwithstanding limitations imposed by other provisions of this title, a detached dwelling unit may be erected on any single lot which was a lot of record on or before November 26, 1992, and which was a building site pursuant to City of SeaTac Ordinance No. 90-1025. Any request for a variance of the lot size, lot width and/or yard requirements shall be made to the City’s Hearing Examiner, and the Hearing Examiner shall render a decision on the request in accordance with the provisions of Chapter 1.20 SMC, Hearing Examiner System. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

A.    Any use, use of a structure or other site improvement (e.g., landscaping or signage) which was legally established prior to the effective date of this title shall be considered nonconforming if:

1.    The use is now prohibited or cannot meet use limitations applicable to the zone in which it is located;

2.    The use does not comply with the density, dimensions, landscaping, parking, sign or residential design standards of this title; or

3.    A building is conforming, but the landscaping, parking or other standards were established by prior actions of the existing jurisdiction.

B.    A change in the required permit review process shall not create a nonconformance.

C.    Any nonconformance that is brought into conformance for any period of time shall forfeit status as a nonconformance, except as specified in SMC 15.120.080, Repair or Reconstruction of Nonconforming Structure.

D.    The provisions of Chapter 15.600 SMC, Sign Code, and any subsequent amendments, shall exclusively control the status of a sign to a nonconforming use. (Ord. 15-1018 § 1)

A nonconforming use may be reestablished as a nonconformance, except that any nonconforming use that is discontinued for a period of six (6) continuous months shall not be reestablished. Any nonconforming use of a building which is discontinued for a total of one (1) year (twelve (12) months) over a three (3) year period shall not be allowed to continue as the nonconforming use. (Ord. 15-1018 § 1)

If, at the effective date of the Zoning Code of the City or any amendment thereto, a lawful use of land exists that is made no longer permissible under the terms of the Zoning Code or amendment, such use may be continued as a nonconforming use so long as it remains otherwise lawful, subject to the following conditions:

A.    No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied on the effective date of the Zoning Code or amendment that made the use no longer permissible.

B.    No nonconforming structure shall be moved in whole or in part to any other portion of the lot that is subject of the nonconforming use.

C.    If any such nonconforming use of land ceases for any reason for a period of more than six (6) months, that cessation shall constitute prima facie evidence of intent to abandon the use, and any subsequent use of land shall conform to the regulations specified by this title for the zone in which such land is located. (Ord. 15-1018 § 1)

Any horse/equine animals legally located on property on the effective date of the Zoning Code or amendment thereto shall be allowed to remain on the property; provided, that the horse/equine animal is kept in a clean and safe environment and shall be subject to the following provisions:

A.    Should a legal nonconforming horse/equine animal be removed from a parcel of property for a period of more than six (6) months, that cessation shall constitute prima facie evidence of the intent to abandon the use of the property for horses/equine animals.

B.    Should a legal nonconforming horse/equine animal expire/pass away, another horse/equine animal may be moved to the property to replace the expired horse/equine animal; provided, that the new horse/equine animal is moved onto the property within six (6) months.

C.    Should legal nonconforming horse/equine animals produce progeny, the progeny may be allowed on the property up to a maximum of nine (9) months from the date of birth. (Ord. 15-1018 § 1)

If, at the effective date of the Zoning Code of the City or any amendment thereto, a lawful use of a building or structure exists that is made no longer permissible under the terms of the Zoning Code or amendment, such use may be continued as a nonconforming use so long as it remains otherwise lawful, subject to the following conditions:

A.    No nonconforming structure or building shall be structurally altered or changed other than those alterations or changes required by law.

B.    A nonconforming use of a building or structure may be extended throughout any parts of the building or structure that were manifestly arranged, designed and constructed for such use at the time of the effective date of the Zoning Code or amendment that made the use no longer permissible, but no such use shall be extended to occupy any land outside such building or structure.

C.    Any structure, or structure and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.

D.    If any such nonconforming use of a building or structure ceases for any reason for a period of more than six (6) months, that cessation shall constitute prima facie evidence of intent to abandon the use, and any subsequent use of the building or structure shall conform to the regulations specified by this title for buildings or structures in the zone in which such land is located.

E.    Any detached dwelling unit made nonconforming due to a change in zoning classification shall be considered legally nonconforming, and shall be permitted to continue as a nonconforming use, as follows:

1.    Alterations and additions may be approved provided the proposed changes meet all applicable dimensional requirements, do not increase the nonconformance of any dimensional standards, and do not create an additional dwelling unit, except that one (1) accessory dwelling unit (ADU) is allowed.

2.    A detached dwelling unit that experiences substantial destruction in excess of the allowance in SMC 15.120.080 shall have the rights to the nonconformance continued provided all the following apply:

a.    The loss of the structure is the result of a fire, earthquake, or other casualty not intentionally caused by the owner or tenant of the property; and

b.    The replacement is within the original configuration of the structure immediately prior to the substantial destruction; and

c.    A complete building permit application to replace or reconstruct the structure is filed with the City within three (3) years of such fire, natural disaster, or casualty event. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

A damaged or destroyed nonconforming structure may be repaired or reconstructed provided that:

A.    The extent of the previously existing nonconformance is not increased, and the extent of damage does not exceed fifty percent (50%) of the King County assessment value of land and improvements.

B.    The building permit application for repair or reconstruction is submitted within six (6) months of the occurrence of the damage.

C.    Should such structure be moved for any reason for any distance whatever, it shall hereafter conform to the regulations for the zone in which is located after it is moved. (Ord. 15-1018 § 1)

A.    Alterations to a nonconforming structure may be permitted; provided the alteration does not increase the area, height or degree of an existing nonconformity.

B.    Upkeep, repairs and maintenance of a nonconforming building are permitted. Approval of such a permit shall be based on a finding that the repairs will be done in such a manner as to improve the building’s safety or functionality, and thereby make its existence in the area less detrimental to surrounding uses than would be the case if the status quo were maintained.

C.    Conversion of existing structures to accessory dwelling units (ADUs) may be permitted, including but not limited to detached garages, even if they violate current code requirements for setbacks or lot coverage. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

A.    Abatement of Illegal Use, Structure, or Development. Any use, structure or other site improvement that cannot be established with a record of compliance with Zoning Code standards in effect at the time of establishment shall be deemed illegal and shall be subject to abatement.

B.    Abatement of Nonconforming Use of Land, Buildings and Structures. The nonconforming use of land, buildings or structures shall be subject to abatement if any of the following circumstances apply:

1.    Any nonconforming use of land involving a building or a structure as defined by this title which building or structure has an assessed value of more than one hundred dollars ($100.00) but less than five hundred dollars ($500.00) on the date of notification shall be completely removed or made to conform within one (1) year from the date of notification as required by subsection (C) of this section, Notice of Abatement or Required Conformance.

2.    Any nonconforming use of a building which cannot be legally established with adequate documentation (King County Tax lot number creation date, tax records of business) shall be required to be removed or made to conform within three (3) years from the date of notification as required by subsection (C) of this section, Notice of Abatement or Required Conformance.

C.    Notice of Abatement or Required Conformance. When any nonconforming condition exists which is subject to abatement, it shall be the responsibility of the Department to ascertain, with all available means, the approximate date upon which the nonconforming use was established or acquired. Upon determination of legal or illegal nonconforming rights, the Department will follow the following process:

1.    The Department shall notify the owner and lessee of the subject property of the intent to consider the matter and the date of such consideration before the Hearing Examiner.

2.    The Department shall consider all pertinent dates and facts in the written determination and provide the opportunity for the owner or lessee to present such evidence which properly relates to such case. The division shall establish the facts upon which the determination is made to require such property owner to abate or make the use conforming.

3.    The Department shall notify the owner of record and any occupants, in writing, of the staff determination by certified mail and notify all property owners within three hundred (300) feet of the subject property boundaries of the determination and the appeal process.

4.    The staff determination shall present a decision by which the use or uses shall be abated or made conforming. Any person in opposition of the decision may appeal that decision to the Hearing Examiner.

5.    The appeal shall be filed no more than ten (10) working days from the date of mailing of the decision. (Ord. 15-1018 § 1)

A.    General Standards. Upon conditional use permit review and approval an interim or permanent reuse of surplus, nonresidential facilities in residential zone classifications shall require that no more than fifty percent (50%) of the original floor area may be demolished for either permanent or interim reuse of facilities.

B.    Reestablishment of Closed Public School Facilities. Upon conditional use permit review and approval the reestablishment or reconversion of an interim nonschool use of school facilities back to school uses shall have a site plan approved by the Hearing Examiner decision and administered by the Director.

C.    Standards for Conversion of Historic Buildings. In order to insure that significant features of the property are protected pursuant to City Codes, the following standards shall, through the conditional use permit review, apply to conversion of historic buildings:

1.    Gross floor area of building additions or new buildings required for the conversion shall not exceed twenty percent (20%) of the gross floor area of the building, unless allowed by the zone classifications;

2.    Conversions to apartments shall not exceed one (1) dwelling unit for each three thousand six hundred (3,600) square feet of lot area, unless allowed by the zone classifications;

3.    Any construction required for the conversion shall require certification of appropriateness from the City and the King County Landmark Commission. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

The City Manager, or designee, is authorized to utilize the procedures of this code and adopted ordinances to enforce any and all violations of land use, health and business regulatory ordinances of the City, and shall establish an Office of Code Enforcement for those purposes.

See Chapter 1.15 SMC, Code Enforcement. (Ord. 15-1018 § 1)

The purpose of this section is to define the land use/Comprehensive Plan designations for preannexation into the City. The actual annexation process, standards and requirements are pursuant to adopted State law. (Ord. 15-1018 § 1)

All territory which may hereafter be annexed to the City shall be considered to be zoned in conformance with the City Comprehensive Plan for the area to be annexed. In the event the area annexed is not within the area encompassed by the City Comprehensive Plan, its temporary zoning shall be the zone in the City in this code which corresponds in description most closely to the existing zoning of the property in the County until such time as the City has amended its Comprehensive Plan to include the annexed area. (Ord. 15-1018 § 1)

The City Council may direct the Planning Commission to prepare a comprehensive land use plan and/or proposed zoning regulations to become effective upon the annexation of any area which might reasonably be expected to be annexed by the City at any future time. (Ord. 15-1018 § 1)

Adoption of a comprehensive land use plan and/or proposed zoning regulations for an annexation area shall require a public hearing before the Planning Commission. In addition, a minimum of two (2) public hearings before the City Council shall be held at least thirty (30) days apart. A certified copy of the ordinance adopting such proposed zoning regulation, together with a copy of a map or plat to which the regulations are applicable, shall be filed with Boundary Review Board and King County. (Ord. 15-1018 § 1)

Notice of the hearings required to be held pursuant to this chapter shall include the date, time and place of the hearing, shall identify in general terms the property affected thereby, shall set forth the action requested and shall invite all persons who desire to be heard to be in attendance. At least ten (10) days prior to the date of the hearing, the notice shall be:

A.    Sent by first class mail to each property owner of record within the subject property and within three hundred (300) feet of the subject property;

B.    Published once in a paper of general circulation in the City; and

C.    Posted in at least three (3) locations within the subject property, at SeaTac City Hall, and in at least one (1) other public place.

When the city, acting in good faith, complies with the above provisions, omission of a property owner in the public notice mailing does not preclude the Planning Commission or City Council from proceeding with the public hearing. All costs of posting, publishing and mailing shall be borne by the applicant, and the applicant may be required to submit preaddressed, stamped envelopes for the notices required to be mailed by this section. The hearing called pursuant to the notice set forth in this section may be continued at the discretion of the body conducting the hearing to another date without the necessity of additional notices being given. (Ord. 15-1018 § 1)