The purpose of this chapter is to designate development standards such as minimum lot area, lot width, and building lot coverage, setbacks, building height, and development density. (Ord. 15-1018 § 1)

The provisions of this chapter shall apply to properties and developments in all zones, including those located within overlay districts and overlay zones. (Ord. 15-1018 § 1)

A.    About the Standards Charts. The Standards Charts list the general dimensional standards for each zone. Additional standards not identified in the charts, which are located in other sections of the code, may also apply.

B.    How to Use the Standards Charts. The dimensional standards are listed vertically along the left hand side and the zones are listed horizontally across the top.

1.    Additional Standards. In addition to the numerical value for the standard, other standards that may apply are noted by number and described in the column on the far right of the chart. If the standard is not preceded by a number, the standard applies to all zones.

2.    Standard Does Not Exist. The letters “N/A” in a cell indicate that a dimensional standard does not exist for that zone. (Ord. 15-1018 § 1)

(Ord. 25-1008 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 18-1029 § 1; Ord. 18-1001 § 6; Ord. 16-1009 § 10; Ord. 15-1018 § 1)

(Ord. 24-1022 § 5 (Exh. C); Ord. 18-1029 § 1; Ord. 17-1023 § 1; Ord. 16-1009 § 11; Ord. 15-1018 § 1)

A.    Preexisting Lots. If any parcel of land with a lot size or lot dimension which is less than that prescribed for by the zone classification in which such parcel is located was subdivided into lots according to a recorded subdivision on or before the effective date of this code, or any subsequent amendments to this code, then the fact that the parcel of land does not meet the minimum lot size or lot dimension requirements set forth in this code shall not prohibit the property from being developed; provided, that all other regulations required by the zone classification are met.

B.    Lot Area Prohibited Reduction. Any portion of a lot that has been used to calculate and ensure compliance with the standards and regulations of this title shall not be subsequently subdivided or segregated from such lot if it reduces the minimum necessary square footage specified in SMC 15.400.100, Residential Standards Chart, and 15.400.200, Commercial, Industrial, Park Standards Chart. (Ord. 25-1008 § 1 (Exh. A); Ord. 15-1018 § 1. Formerly 15.400.310)

In addition to providing the standard street setback, a lot adjoining a half-street (right-of-way) or designated arterial shall provide an additional width of street setback/right-of-way sufficient to accommodate construction of the planned half-street or arterial. (Ord. 25-1008 § 1 (Exh. A); Ord. 15-1018 § 1. Formerly 15.400.320)

Projections may extend into the required setbacks as follows:

A.    Fireplace/Windows/Stair Landings/Closets. Fireplace structures (including flues and exhaust projections), bay or garden windows, enclosed stair landings, and closets may project into any setback, provided such projections:

1.    Are limited to two (2) per facade;

2.    Are not wider than ten (10) feet;

3.    Project no more than twenty-four (24) inches, inclusive of rain gutters, into any yard setback (See figures below); and

4.    Do not include doors of any kind.

5.    There shall be a minimum of ten (10) feet between bay windows on a facade.

B.    Uncovered Porches and Decks Exceeding 18 Inches Finished Grade. Uncovered porches and decks which exceed eighteen (18) inches above the finished grade may project:

1.    Eighteen (18) inches into interior side yard setbacks, and

2.    Five (5) feet into the front/rear yard setback;

C.    Uncovered Porches and Decks Not Exceeding 18 Inches Finished Grade. Uncovered porches and decks not exceeding eighteen (18) inches above the finished grade may project:

1.    Eighteen (18) inches into interior side yard setbacks;

2.    Ten (10) feet into the rear yard setback; and

3.    Ten (10) feet into the front yard setback.

D.    Eaves/Rain Gutters/Downspouts. Eaves, including rain gutters and downspouts, may not project more than:

1.    Eighteen (18) inches into an interior side yard setback (see Figure: Rain Gutters Counted in Measurement); or

2.    Twenty-four (24) inches into a front/rear yard setback.

Structures that do not have rain gutters and are currently legally nonconforming in regard to the building setback from the property line may be remodeled to provide rain gutters that extend beyond the maximum projection of an eave into the side, front and rear setback area (see Figure: RAIN GUTTERS ALLOWED FOR LEGAL NONCONFORMING STRUCTURES); provided, that under no circumstances will the edge of the existing roofline be extended further into any yard setback;

E.    WCF Antennas.Wireless telecommunications antennas mounted on the sides of existing buildings, up to a maximum of twenty-four (24) inches. (Ord. 25-1008 § 1 (Exh. A); Ord. 15-1018 § 1. Formerly 15.400.330)

A.    Height Limits Near Major Airports. No building or structure shall be erected to a height in excess of the height limit established by the Airport Height Map for Seattle-Tacoma International Airport. A written certification of height compliance from the Port of Seattle is required for structures affected by this standard.

B.    Height Limit Exceptions. The following structures may be erected above the height limits established under SMC 15.400.100, Residential Standards Chart and 15.400.200, Commercial, Industrial, Park Standards Chart.

1.    Roof-top structures such as: elevator housing, stairways, tanks, ventilating fans or similar equipment required for building operations and maintenance;

2.    Fire or parapet walls, skylights, flagpoles, chimneys, smokestacks, church steeples, approved communication transmission structures (including, but not limited to, ham radio towers and cellular phone structures), approved utility line towers and similar structures. (Ord. 25-1008 § 1 (Exh. A); Ord. 15-1018 § 1. Formerly 15.400.340)

Except for utility poles and traffic control signs, the following sight distance provisions shall apply at all intersections and site access points:

A.    A sight distance triangle as determined by subsection (B) of this section shall contain no fence, berm, vegetation, on-site vehicle parking area, signs or other physical obstruction between three and one half (3-1/2) feet and eight (8) feet above the existing street grade;

Figure: REQUIRED SIGHT CLEARANCE

B.    The sight distance triangle (see Figure: REQUIRED SIGHT CLEARANCE) at:

1.    A street intersection shall be determined by measuring fifteen (15) feet along both street lines beginning at their point of intersection. The third side of the triangle shall be a line connecting the endpoints of the first two (2) sides of the triangle; or

2.    A site access point shall be determined by measuring fifteen (15) feet along the street lines and fifteen (15) feet along the edges of the driveway beginning at the respective points of the intersection. The third side of each triangle shall be a line connecting the endpoints of the first two (2) sides of each triangle. (Ord. 25-1008 § 1 (Exh. A); Ord. 15-1018 § 1. Formerly 15.400.350)

The purpose of this chapter is to delineate regulations that apply to accessory structures and tent structures, including canopy tent structures. (Ord. 15-1018 § 1)

The provisions of this chapter shall apply to all accessory structures, including but not limited to garages, sheds, barns, gazebos, and tent structures, including canopy tent structures. These regulations apply to all residential zones. (Ord. 15-1018 § 1)

A.    About the Standards Chart. The following chart lists the general dimensional standards for accessory and tent structures in the zones in which they are permitted.

B.    How to Use the Standards Chart. The dimensional standards are listed vertically along the left hand side and the zones are listed horizontally across the top.

1.    Additional Standards. In addition to the numerical value for the standard, other standards that may apply are noted by number and described in the column on the far right of the chart.

2.    Standard Does Not Exist. The letters “N/A” in a cell indicate that a dimensional standard does not exist for that zone. (Ord. 15-1018 § 1)

(Ord. 24-1022 § 5 (Exh. C); Ord. 21-1008 § 14; Ord. 15-1018 § 1)

A.    Accessory structures including storage buildings, garages and other similar structures, shall be designed to accommodate not more than four (4) cars.

B.    Design. Accessory structures (excluding ADUs) shall maintain the same residential character of the principal unit. (Ord. 25-1008 § 1 (Exh. A); Ord. 15-1018 § 1)

A.    Use. Tent structures, including canopies, may be used only for the storage of motor vehicles, recreational vehicles, or boats.

B.    General Requirements.

1.    Tent structures, including canopies, shall not be a stand-alone structure on a parcel of property. A principal unit (detached dwelling unit) shall also be located on a parcel of property where tent structure(s) are located.

2.    Maximum Allowed. There shall be a maximum of three (3) tent structures, including canopies, allowed on a parcel of property.

a.    If two (2) or more adjacent parcels of properties are in common ownership, no more than three (3) tent structures shall be allowed for the combined lots.

3.    Distance Between Tent Structures/Canopies.

a.    Tents. Tents must be separated from other tents by at least twenty-five (25) feet if their aggregate floor area is two hundred (200) square feet or greater and shall conform to all fire and building codes.

b.    Canopies. Canopies must be separated from other canopies by at least twenty-five (25) feet if their aggregate floor area is four hundred (400) square feet or greater.

4.    Installation. All residential tent structures shall be installed and anchored pursuant to the manufacturer’s instructions.

5.    Vehicle Parking. Tent structures, including canopies, used for detached dwelling unit off-street vehicle parking shall conform with the maximum detached dwelling unit vehicle off-street parking area requirements under SMC 15.455.700.

a.    Vehicle access to a residential tent structure and the area underneath a residential tent structure shall have an improved surface as defined under SMC 15.455.700(B).

C.    Design.

1.    Appearance. All residential tent structures shall maintain an appearance of newness. Residential tent structures that do not maintain an appearance of newness shall be removed from the property.

2.    Color. All residential tent structures shall be white or other subdued color or substantially match the appearance of the primary structure on the property. No residential tent structure shall be blue.

3.    Materials. All residential tent structures shall be constructed of approved fire retardant materials. (Ord. 25-1008 § 1 (Exh. A); Ord. 15-1018 § 1)

A.    Limits on Canopies in Front Yards.

1.    One (1) canopy tent structure, as defined under Chapter 15.105 SMC, Definitions, is allowed in the front yard between the front foundation wall of the house and twenty (20) foot front yard setback line (see Figure: CANOPY FRONT YARD SETBACKS), subject to the following criteria:

a.    The location of existing structures or lot configuration prohibits the location of a canopy structure within the side and rear yards of the property;

b.    The property owner receives the permission of the adjacent property owners prior to the installation of the canopy structure.

B.    Limits on Canopies when Multiple Street Frontages. On lots with frontage on two (2) or more public streets, only one (1) canopy tent structure shall be allowed, regardless of the number of street frontages. The property owner may choose the front yard where the canopy tent structure is located, subject to the requirements of subsection (A) of this section.

Figure: CANOPY FRONT YARD SETBACKS

C.    “Adjacent Property Owner” Defined. For the purpose of this section, an adjacent property owner is defined as the legal property owner of property immediately adjacent on either side of the property where the canopy structure is proposed and property located across a public right-of-way from the property where the canopy structure is proposed (see Figure: ADJACENT PROPERTIES).

Figure: ADJACENT PROPERTIES

(Ord. 15-1018 § 1)

The purpose of this chapter is to clearly delineate regulations that apply to cargo containers. (Ord. 15-1018 § 1)

The provisions of this chapter shall apply to all cargo containers within the following zones: Community Business (CB), Community Business in the Urban Center (CB-C), Regional Business Mix (RBX) and Industrial (I). (Ord. 17-1023 § 1; Ord. 15-1018 § 1)

A.    Location.

1.    Cargo containers shall not occupy any required off-street parking spaces for the site or property and the location must comply with all setback requirements.

2.    The location of a cargo container within a structure shall be approved by the Fire Department and Building Division.

B.    Adjacent to Residential Zone.

1.    Size and Design. If a cargo container is located on a lot adjacent to a residential zone, the cargo container shall be no greater in size than ten (10) feet by twenty (20) feet, and shall have a stick-built structure, with a peaked roof, constructed to completely enclose the container.

2.    No stick-built structure shall be required if the cargo container is totally screened from adjacent residential properties as determined by the Director.

a.    Adjacent property is defined as property that abuts the residential zone. Property located across a public right-of-way is not regarded as adjacent property.

C.    Stacking.

1.    Cargo containers shall be stacked no more than two (2) containers high.

2.    Stacking of cargo containers within a building is prohibited.

D.    Screening.

1.    Cargo containers shall be screened from adjacent properties and rights-of-way.

2.    Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between, or within buildings. All proposed screening shall be submitted for the review and approval by the Director. (Ord. 15-1018 § 1)

In addition to the standards listed in SMC 15.410.100, General Standards, the following regulations shall apply to cargo containers permitted as an accessory use:

A.    Limitations. Only one (1) cargo container shall be allowed on property located within a residential zone or on property located adjacent to a residential zone. The property owner may request additional cargo containers subject to the Conditional Use Permit (CUP) process under SMC 15.115.020. (Adjacent property is defined as property that abuts the residential zone. Property located across a public right-of-way is not regarded as adjacent property.)

B.    Location. Cargo containers shall be located to minimize the visual impact to adjacent properties, streets, and pedestrian facilities.

C.    Stacking Prohibited. Cargo containers shall not be stacked.

D.    Design. Cargo containers shall be painted to match the color(s) of the adjacent building. If the container is located within a building or not visible from adjacent properties as determined by the Director, painting is not required. (Ord. 15-1018 § 1)

Cargo containers that have been legally located on property prior to the adoption of Ordinance 01-1010 shall be a legal nonconforming use of the property. Cargo containers shall lose legal nonconforming status under the following circumstances:

A.    Any legal nonconforming cargo container that is moved to a different location on a site shall comply with the requirements of this chapter.

B.    If a legal nonconforming cargo container is removed from a property, any subsequent cargo containers placed on the property shall comply with the requirements of this chapter.

C.    If a legal nonconforming cargo container is moved off a residential zoned property containing a residential use, no new container may be moved onto the property. (Ord. 15-1018 § 1)

The purpose of this chapter is to delineate regulations that apply to the following commercial uses: fueling/service stations, sexually oriented businesses, mobile food vending and reentry centers. (Ord. 23-1003 § 7; Ord. 18-1009 § 7; Ord. 15-1018 § 1)

The provisions of this chapter shall apply to all fueling/service stations, sexually oriented businesses, mobile food vending uses and reentry centers, regardless of where located. (Ord. 23-1003 § 8; Ord. 18-1009 § 8; Ord. 15-1018 § 1)

A.    The provisions of this section shall apply to all fueling/service stations, with or without associated convenience food marts.

B.    Building Security and Site Layout.

1.    All trash enclosures shall be within a clear line of sight and be visible from the cashier station, day or night.

2.    All public phones shall be outgoing only, shall be visible from the cashier area and shall be located indoors. There shall be no outdoor locations for public phones.

3.    Lighting shall meet the requirements of Chapter 17.36 SMC, Gasoline/Service Station and Convenience Store Lighting.

4.    There shall be alarm systems on all outside doors and enunciators on interior doors/entrances.

5.    There shall be adequate lighting that does not create shadows.

6.    There shall be clear lines of sight from inside and outside the store.

C.    Landscaping. A twenty (20) foot, Type I landscape strip shall be required for all property lines adjacent to or across a public right-of-way from residential uses.

D.    Access. Access to fueling/service stations located on corner lots may be limited to “right-in, right-out only” if warranted by site conditions or traffic patterns based on the results of a traffic study. Site conditions or traffic patterns that may warrant right-in, right-out traffic movements include, but are not limited to:

1.    Traffic volumes on adjacent rights-of-way that make left-hand turning movements a safety hazard; or

2.    Left-hand turning movements from the station that interfere with the left-hand turning movements on adjacent public rights-of-way. (Ord. 15-1018 § 1)

A.    Purpose. The purpose of the sexually oriented business regulations is to establish a protection setback for sexually oriented business uses to minimize impacts to schools, public parks, public libraries, State-certified day care facilities, community/teen centers, churches and residential and lodging uses, and related uses.

B.    Application. The provisions in this chapter shall apply to all sexually oriented and adult entertainment businesses.

C.    Establishments Permitted. Sexually oriented business establishments shall be permitted by a major conditional use permit in commercial and industrial zones pursuant to the City of SeaTac Comprehensive Plan and zoning ordinances or any subsequent amendments by the City Council thereafter, as determined by the locational standards for sexually oriented business.

D.    Locational Standards.

1.    Any sexually oriented business which locates in the City shall, in addition to development standards and any other requirements, maintain a minimum distance of one thousand (1,000) feet from the following:

a.    Property used for public and private schools;

b.    Property used for public parks;

c.    Property used for public libraries;

d.    Property used for State-certified day care facilities;

e.    Property used for community/teen centers;

f.    Property used for churches, cemeteries or other religious facilities or institutions;

g.    Property used for residential and lodging uses, and property zoned for residential uses;

h.    Property used for other adult entertainment uses; and

i.    Property used for organizations, associations, facilities and businesses which provide as a substantial portion of their activities, functions or business, the provision of services to children and/or youth, so that the premises of the organization, association, facility or business would have children and youth in attendance or at the location during a predominant portion of the operational hours of the organization, association, facility or business.

2.    The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the zone classification boundary line from which the proposed land use is to be separated.

E.    Development Standards. The development standards for sexually oriented businesses are the same as the applicable zoning regulations for the zoning district in which they are to be located, except as follows:

1.    No electronic readerboards shall be allowed;

2.    All parking areas shall be visible from the street fronting the entertainment, and access to the rear of the structure shall be for emergency vehicles only;

3.    The parking areas shall be fully illuminated using street light standards; and

4.    The exterior color of any building or structure, constructed after the effective date of this subsection, shall be of natural and earth tones. A single accent stripe of any color, no greater than one (1) foot in width, may be permitted, if approved by the Director.

The development standards in this section shall apply to all buildings, uses and property used for sexually oriented business/adult entertainment purposes.

F.    Nonconforming Uses – Abatement.

1.    Any sexually oriented business in existence as of the effective date of the ordinance codified in this chapter, which is in violation hereof, shall be deemed a nonconforming use. Such nonconforming uses shall not in any manner be enlarged, extended, altered or rebuilt except that such uses may be changed to comply with the provisions of this chapter.

2.    Such uses that are deemed nonconforming pursuant to the terms of this section shall be permitted to continue for nine (9) years following the adoption of the ordinance codified in this chapter, unless such use is terminated for any reason whatsoever prior thereto for a period of thirty (30) days or more. Thereafter, such nonconforming use shall terminate or come into compliance with the terms of this chapter. It is provided, however, that, notwithstanding the term of the lease, upon the expiration of any lease for a nonconforming sexually oriented business use, the sexually oriented business use shall no longer be permitted to continue at the same location thereafter. It is further provided that after the effective date of the ordinance codified in this chapter, leases for nonconforming sexually oriented business uses shall not be extended or amended in any way that delays the expiration of the term of the lease.

G.    Variance from Locational Requirements.

1.    Whenever the proponents of a sexually oriented business subject to the locational requirements set forth in this chapter feel that the strict application of such requirements is not necessary to achieve an effective degree of physical separation between the sexually oriented business and noted uses in subsection (D)(1) of this section, the proponent(s) may apply to the Hearing Examiner for a variance from such requirements.

2.    In determining when a variance should be granted, and if so, to what extent, the Hearing Examiner shall consider the following, in addition to the general criteria for a variance established in Chapter 15.115 SMC, Land Use Actions and Procedures:

a.    Topographic and other features of the land which provide actual separation between the proposed business or other land use and surrounding land uses;

b.    Pedestrian and vehicular circulation patterns in the vicinity of the proposed activity; and

c.    Any other fact or circumstance which has a significant effect upon the need for the full separation distance required by this chapter.

3.    If, after considering these criteria, the Hearing Examiner finds that an effective separation between the proposed adult entertainment use and the residential zone classification or other stated uses can be achieved without requiring the full distance of separation provided by this chapter, the Hearing Examiner shall determine the degree of variance to be allowed and shall grant such variance. Otherwise, the application for the variance shall be denied. (Ord. 15-1018 § 1)

A.    Application. The provisions of this section shall apply to all mobile food vending businesses in all zones where such use is permitted.

B.    Exemptions. These provisions do not apply to catered, private events or permitted concession sales.

C.    Mobile Food Vending as Permitted Uses. Mobile food vending may be permitted as follows:

1.    Mobile food vending may be permitted as a primary or accessory use in applicable zones.

2.    Mobile food vending may be allowed within parks, plazas, or schools as part of a special event, approved pursuant to either a temporary use permit or by concession contract or special use permit pursuant to SMC 2.45.520.

3.    Mobile food vending shall not be located within any public right-of-way unless approved through a right-of-way use permit pursuant to Chapter 11.10 SMC.

D.    Standards for Mobile Food Vending.

1.    Mobile food vendors shall obtain a City of SeaTac business license and conform to all King County – Seattle Health Department standards.

2.    All mobile food vending operations shall be self-contained; provided, that outdoor seating may be provided.

3.    Parking and Circulation.

a.    Drive-up and/or drive-through facilities are prohibited.

b.    All mobile vending shall be located on an approved surface and maintain adequate pedestrian and vehicular circulation through parking lots.

c.    Mobile food vending as a primary use shall provide paved parking adequate to serve customers.

4.    Signage. In addition to advertising on the mobile vending vehicle, secondary signage shall also be allowed pursuant to SMC 15.600.070. (Ord. 21-1008 § 15; Ord. 18-1009 § 9)

A.    Purpose. The purpose of this section is to establish reasonable standards for the siting of a reentry center to minimize impacts and ensure neighborhood compatibility within the City of SeaTac, while protecting the public health, safety, welfare and peace of both facility residents and the broader community.

B.    Applicability. This section is applicable to reentry centers and does not include regulations for Federal, State and/or local correction facilities, or other uses as regulated by SMC 15.115.040, Essential Public Facilities. Specific needs of each reentry center facility will be reviewed through the conditional use permit process in SMC 15.115.020.

C.    Siting.

1.    Buffer.

a.    A reentry center shall not be located closer than one thousand seven hundred fifty (1,750) feet from the property of any elementary-middle school, high school, park, or community center (including teen centers and YMCA) within or outside of City limits.

b.    For the purposes of this subsection (C)(1), distance shall be measured in a straight line from the closest property line upon which the proposed reentry center is to be located, to the closest property line from which the proposed reentry center is to be separated.

2.    Dispersion.

a.    A new or expanding reentry center shall not be located closer than one-half (1/2) mile from the closest property line of any other reentry center.

3.    Siting Process Requirements.

a.    Following identification of a site under consideration within the City of SeaTac, written notification of site selection shall be provided directly to the Community and Economic Development Director.

b.    Prior to scheduling the mandatory preapplication meeting with the City, the applicant shall hold a minimum of one (1) public meeting within the City limits to inform the neighborhood and solicit public comment.

i.    Public meeting(s) shall occur between the hours of 5:00 p.m. through 9:00 p.m. on weekdays, or anytime on a weekend.

ii.    Public meeting(s) subject to this section shall occur within the corporate City limits of SeaTac.

iii.    At least fourteen (14) days prior to the public meeting, written notification of the public meeting shall be provided to all parcels and associated addresses, including residents, owners, and tenants within a one-half (1/2) mile radius of the proposed site(s). The written notification shall also be published in the City’s officially designated newspaper and be provided to the Community and Economic Development Director.

iv.    The applicant shall provide a public meeting agenda, which shall include, at a minimum, a description of the proposed project description, site location, time line, and proposed site and building layout. The neighborhood meeting should provide a time for verbal public comments from attendees and provide contact information for the applicant for written comments.

c.    All public notifications shall include:

i.    Date, time and location of the meeting;

ii.    A description of the proposed project;

iii.    A description of the site, including current zoning classification, site address/parcel number, and vicinity map reasonably sufficient to inform the reader of the general location;

iv.    The name, address and telephone number of the applicant and/or agent;

v.    A statement that persons may appear at the meeting and provide public comment and/or may provide written comment to the applicant and/or agent listed.

d.    Copies of the mailing list, agenda, attendance sign-in sheet, minutes, written comments received, presentation materials, handouts and documents shall be included in the mandatory preapplication meeting submittal.

e.    In addition to compliance with local siting and development requirements, the Department of Corrections (“DOC”), its agents, or any private or public entity under contract with the DOC shall provide verifiable proof of compliance with the siting requirements and site selection process as required under RCW 72.65.220 and WAC 137-57-050, including a copy of the Local Advisory Committee recommendation to the Secretary and Secretary preliminary approval (if applicable) at the time of conditional use permit application.

D.    Development Standards.

1.    Occupancy.

a.    A reentry center shall house no more than thirty (30) persons, excluding resident staff.

2.    Appearance.

a.    The reentry center shall match the bulk and scale of the uses allowed in the zone where the reentry center is located. The design, construction, appearance, physical integrity, and maintenance of the reentry center shall provide an environment that is attractive, sustainable, functional, appropriate for the surrounding community, and conducive to residents’ stability. Building entries shall be prominent and highly visible from other buildings and public areas.

b.    Exterior lighting to be located as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure that security is maintained.

3.    Street Frontage.

a.    The reentry center shall not be located on a property that has street frontage on a principal or minor arterial road.

4.    Open Space.

a.    Minimum Area Required. A minimum of one hundred twenty (120) square feet of open space shall be provided per person, allocated by type as follows:

b.    General Location and Design Requirements.

i.    To the extent possible, all open space shall be centrally located, accessible, and usable to residents while maintaining a high level of visibility from the structure.

ii.    Open space shall not be located adjacent to dumpster enclosures, loading/service areas, or other incompatible uses.

iii.    Vehicular use areas, critical areas and associated buffers, setbacks, and landscaping shall not count towards open space requirements.

c.    Outdoor Common Space. Outdoor common space shall be usable outdoor multipurpose space accessible by all residents, including but not limited to: courtyards, plazas and multipurpose green spaces.

i.    Design Features. Courtyard/plaza areas shall include:

(A)    Minimum width of twenty (20) feet and a minimum depth of fifteen (15) feet.

(B)    A minimum of one (1) tree for each two hundred (200) square feet of required area.

(C)    Include one (1) lineal foot of seating per each forty (40) square feet of required area.

(D)    Outdoor Single-Purpose Space. Outdoor single-purpose facilities shall be usable and accessible by all residents, including, but not limited to: swimming pools, tennis and sport courts.

(E)    Indoor Common Space. Indoor common space shall be usable and accessible by all residents, including, but not limited to: amenities and/or equipment for recreational uses such as lounge rooms, game rooms and exercise rooms. Lobbies and hallways do not count as indoor common space.

E.    Performance Standards.

1.    Operations.

a.    A security plan containing, but not limited to the following, shall be provided at time of conditional use permit application:

i.    Staffing, scheduling and level of responsibilities;

ii.    On-site and off-site security and surveillance measures;

iii.    Policy and procedure for locating a missing reentry center participant.

2.    Site and Transit.

a.    A written transit, pedestrian, and bicycle access plan from the subject site to services shall be submitted at time of conditional use permit application.

3.    Compliance With Additional Regulations.

a.    In addition to the Zoning Code under this title, reentry centers shall comply with the provisions of the Building and Construction Code under SMC Title 13 and are subject to the provisions of crime prevention through environmental design (CPTED) under SMC Title 17.

b.    Reentry centers shall abide by all Federal and State laws and regulations, as well as Department of Corrections policies. (Ord. 23-1003 § 9)

The purpose of this chapter is to clearly delineate regulations that apply to day care facilities. (Ord. 15-1018 § 1)

The provisions of this chapter shall apply to all day care facilities providing in-home care, excluding afterschool programs sanctioned by the City. (Ord. 15-1018 § 1)

A.    Types of Day Care Facilities. Day care facilities that provide for the group care of children within any twenty-four (24) hour period are established as follows:

1.    Day Care 1. A day care facility that provides for the group care of a maximum of twelve (12) children. Day Care 1 facilities may be established as family day care facilities located within the caregiver’s place of residence.

2.    Day Care 2. A day care facility that provides for the group care of more than twelve (12) children. (Ord. 15-1018 § 1)

A.    For the purposes of this title the City’s regulatory role for family day cares, defined as those Day Care 1 facilities providing in-home care for twelve (12) or fewer children and which are licensed by the State of Washington, is limited to the following:

B.    Family day care facilities shall:

1.    Comply with all building, fire, safety, health code and business licensing requirements;

2.    Conform to lot size, building size, setbacks and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure;

3.    Be certified by the State Department of Licensing as providing a safe passenger loading area;

4.    Include signage, if any, that conforms to applicable City regulations;

5.    Limit hours of operation to facilitate to neighborhood compatibility while at the same time providing an appropriate opportunity for persons who use family day care and who work a nonstandard work shift; and

6.    Provide, prior to State licensing, written proof of notification to adjoining property owners, informing them of the intent to locate and maintain such a facility; provided, that if a dispute arises between the neighbors and the family day care provider over licensing requirements, the State may provide a forum to resolve the dispute. (Ord. 15-1018 § 1)

The purpose of this chapter is to provide density incentives to developers of residential and commercial lands in urban areas and rural activity centers, in exchange for providing public benefits that help achieve Comprehensive Plan goals of affordable housing, historic preservation, energy conservation and economic redevelopment. This is accomplished through this code by:

A.    Defining, in quantified terms, the benefits that can be used to earn density incentives;

B.    Providing rules and formulas for computing density incentives for each benefit;

C.    Providing a method to realize the development potential of sites containing unique features of size, topography, environmental features or shape; and

D.    Providing a review process to allow evaluation of proposed public benefits and potential allowances, and to give the public opportunities to review and comment. (Ord. 15-1018 § 1)

A.    Permitted Locations of Residential Density Incentives. Residential density incentives (RDI) shall be used only on sites served by public sewers and public water and only in the:

1.    RL, RM, URM, RH, URH, NVM, NVH and MHP zones; or

2.    CB, UVM, UVH, and RBX zones when part of a mixed-use development that includes a residential component.

B.    Permitted Locations of Commercial Density Incentives. Commercial density incentives (CDI) shall be used only on sites served by public sewers and public water and only in the:

1.    CB and RBX zones; or

2.    I zone when part of a mixed use development.

C.    Permitted Locations of Village Height Incentives. Village height incentives (VHI) shall be used only on sites served by public sewers and public water, and only in the neighborhood and urban village zones:

1.    Neighborhood village medium (NVM), urban village medium (UVM), neighborhood village high (NVH), and urban village high (UVH) zones. (Ord. 24-1022 § 5 (Exh. C); Ord. 17-1023 § 1; Ord. 15-1018 § 1)

A.    All RDI/CDI proposals can be reviewed concurrently with other City land use approvals or permits through a public hearing (if necessary for other land use approvals) to consider the proposed site plan and methods used to earn extra density. The following rules shall govern hearing requirements for reviewing RDI/CDI proposals with other land use approvals:

1.    The preliminary site plan for any development proposing to use RDI/CDI provisions shall be combined with an application, where applicable, for a preliminary subdivision, planned unit development, special overlay district or rezone.

2.    Applications for consolidated actions shall contain all of the information that would be required by the City if each application were considered separately.

3.    When a public hearing is necessary, notice of the public hearing shall state clearly if such hearing will consider consolidated application for the proposed development. The notice shall also include the development’s proposed density and general description of the public benefits specified in this chapter and offered to earn extra density.

B.    RDI/CDI applications which propose to earn bonus units or additional site coverage by dedicating real property or public facilities shall include a letter from the City certifying that the proposed dedication qualifies for the density incentive. (Ord. 15-1018 § 1)

A.    Maximum Densities Permitted Through Residential Density Incentive Review. The maximum density permitted through RDI review shall be one hundred thirty percent (130%) of the base density of the underlying zone of the development site.

B.    Maximum Densities Permitted Through Commercial Density Incentive Review. The maximum density permitted through CDI review shall be one hundred thirty percent (130%) of the base density of the underlying zone of the development site. (Ord. 15-1018 § 1)

A.    Types of Benefits/Incentives. The public benefits eligible to earn increased densities, and the maximum incentive to be earned by each benefit, are set forth in SMC 15.425.300.

1.    Residential Projects. For residential developments the density incentive is expressed as bonus dwelling units (or fractions of dwelling units) earned per level of public benefit provided.

2.    Commercial/Industrial Projects. For commercial or industrial projects, the incentive is expressed as an increase in the allowed lot coverage, or a reduction in the required landscaping/parking.

B.    Residential Projects in RL, RM, URM, RH and URH Zones. Residential development in the RL, RM, URM, RH and URH zones with property-specific development standards pursuant to Chapter 15.460 SMC, Performance Standards – General, which require any public benefit enumerated in this chapter, shall be eligible to earn bonus dwelling units set forth in SMC 15.425.300, Density and Development Incentive Chart, by complying with the property-specific standards when the public benefits provided exceed the basic development standards of this title. If the basic standards are modified through the application of an overlay zone, bonus points may be earned if the development provides public benefits exceeding corresponding standards of the overlay zone. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

The following are the public benefits eligible to earn density incentives or reduced development standards through Residential Development Incentive (RDI) or Commercial Development Incentive (CDI) review:

(Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

A.    Calculating Total Dwelling Units Permitted. The total dwelling units permitted through RDI review shall be calculated using the following steps:

1.    Calculate the number of dwelling units permitted by the base density of the site in accordance with Chapter 15.400 SMC, Dimensional Standards and Regulations.

2.    Calculate the total number of bonus dwelling units earned by providing public benefits listed in SMC 15.425.300, Development Incentive Chart.

3.    Add the number of bonus dwelling units earned to the number of the dwelling units permitted by the base density.

4.    Round fractional dwelling units to the nearest whole number; 0.49 or fewer dwelling units are rounded down.

5.    Notwithstanding the number of bonus units earned, the maximum density of the RDI development site shall not exceed one hundred thirty percent (130%) of the site’s basic density. On sites with more than one (1) zone or zone density, the maximum density shall be calculated for the site area in each individual zone. Bonus units may be allocated within the zones in the same manner as set forth in base units in Chapter 15.400 SMC, Dimensional Standards and Regulations.

B.    Formulas. The formulas for calculating the total number of dwelling units/increased site coverage permitted through RDI/CDI review is as follows:

1.    Site Base Density Units + Bonus Density Units = Total Residential Density Units.

2.    Site Coverage Allowed + Bonus Site Density Coverage = Total % Site Coverage. (Ord. 15-1018 § 1)

A.    Any RDI development in the RH, URH, URH-MU, NVM and NVH zones which is made up of seventy-five percent (75%) or more townhouse and multi-family dwelling units shall provide perimeter landscaping and tree retention in accordance with the standards of Chapter 15.505 SMC, Townhouse Development Design Standards, and Chapter 15.445 SMC, Landscaping and Tree Retention, for townhouse and multi-family projects.

B.    Landscaping standards for multi-family dwelling units in RDI developments in the RL, RM or URM zones which contain less than seventy-five percent (75%) townhouse and multi-family dwelling units shall have the standards in Chapter 15.445 SMC, Landscaping and Tree Retention, modified as follows:

1.    The perimeter and parking area landscaping requirements for townhouses and multi-family dwelling units shall apply only to the portion or portions of the project containing multi-family dwelling units;

2.    Tree retention requirements of Chapter 15.445 SMC, Landscaping and Tree Retention, for townhouses and multi-family dwelling units shall apply only to lots containing multi-family dwelling units; and

3.    The width of the landscaping required around each townhouse or multi-family building may be reduced by eighty percent (80%) if the dwellings are in individual buildings of no more than four (4) units, each of which is at least two hundred (200) feet apart and not located on the site perimeter.

C.    RDI site shall meet the lot coverage, impervious surface, building height limits, and other dimensional requirements of the zone with the base density most clearly comparable to the total approved density. Fractional densities shall be rounded to the nearest whole number (0.49 or less are rounded down) to determine which dimensional requirements apply. (Ord. 25-1008 § 1 (Exh. A); Ord. 17-1023 § 1; Ord. 15-1018 § 1)

A.    Maximum Heights Permitted in the NVM Zone. The maximum height permitted through VHI in the NVM zone is six (6) stories or seventy (70) feet. No portion of the building may exceed seventy (70) feet.

B.    Maximum Heights Permitted in the UVM Zone. The maximum height permitted through VHI in the UVM zone is seven (7) stories or eighty (80) feet. No portion of the building may exceed eighty (80) feet.

C.    Maximum Heights Permitted in the NVH Zone. The maximum height permitted through VHI in the NVH zone is eight (8) stories or ninety (90) feet. No portion of the building may exceed ninety (90) feet.

D.    Maximum Heights Permitted in the UVH Zone. The maximum height permitted through VHI in the UVH zone is nine (9) stories or one hundred (100) feet. No portion of the building may exceed one hundred (100) feet.

E.    All maximum heights limited by FAA and Fire Department regulations. (Ord. 24-1022 § 5 (Exh. C))

A.    Types of Benefits/Incentives. The public benefits eligible to earn increased heights are set forth in SMC 15.425.800, Height Incentive Chart.

1.    Neighborhood Village Medium Zone. For developments in the neighborhood village medium zone (NVM), public benefits required for height incentives include providing affordable housing units, additional open space beyond the standard requirements, and providing ground floor active uses.

2.    Urban Village Medium Zone. For developments in the urban village medium zone (UVM), public benefits required for height incentives include providing affordable housing units, additional open space beyond the standard requirements.

3.    Neighborhood Village High Zone. For developments in the neighborhood village high zone (NVH), public benefits required for height incentives include providing affordable housing units, additional open space beyond the standard requirements.

4.    Urban Village High Zone. For developments in the urban village high zone (UVH), public benefits required for height incentives include providing affordable housing units, additional open space beyond the standard requirements. (Ord. 24-1022 § 5 (Exh. C))

The following are the public benefits eligible to earn increased height in the village zones. Multiple incentives may be utilized to achieve the maximum heights permitted for the zone, as established in SMC 15.425.600.

(Ord. 24-1022 § 5 (Exh. C))

To establish “electric vehicle infrastructure” (EVI) regulations for the City to allow EVI and to meet the intent of RCW 35.63.126 requiring the City to allow EVI in all zones except for residential zones. (Ord. 16-1007 § 2; Ord. 15-1018 § 1)

Electric vehicle infrastructure is allowed as specified in the citywide use charts under Chapter 15.205 SMC, Land Use Chart, and within the use charts for the designated overlay districts. (Ord. 16-1007 § 2; Ord. 15-1018 § 1)

Battery Charging Station

An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meets or exceeds any standards, codes, and regulations set forth in Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

Battery Electric Vehicle (BEV)

Any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero (0) emissions or pollution when stationary or operating.

Battery Exchange Stations

A fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540.

Charging Levels

Means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common EV charging levels, and include the following specifications:

•    Level 1 is considered slow charging.

•    Level 2 is considered medium charging.

•    Level 3 is considered fast or rapid charging or DC fast charge.

Level 1 is present in homes and businesses and typically operates on a fifteen (15) or twenty (20) amp breaker on a one hundred (120) volt alternating current (AC) circuit and standard outlet.

Level 2 is expected to become the standard for home and public charging and typically operates on a forty (40) amp to one hundred (100) amp breaker on a two hundred eight (208) or two hundred forty (240) volt AC circuit.

Level 3 is primarily for commercial and public applications (e.g., taxi fleets and charging along freeways) and typically operates on a sixty (60) amp or higher dedicated breaker on a four hundred eighty (480) volt or higher three (3) phase circuit with special grounding equipment. Note that the term “Level 3” is recommended to identify the increased power need in a numerical fashion (i.e., “3”), but the Level 3 charging level is also sometimes referred to as “DC fast” charging and “rapid” charging (see definition of “Rapid or DC Fast Charging Station”).

Electric Scooters and Motorcycles

Any two (2) wheel vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries and produces zero (0) emissions or pollution when stationary or operating.

Electric Vehicle

Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: (A) a battery electric vehicle (BEV); (B) a plug-in hybrid electric vehicle (PHEV); (C) a neighborhood electric vehicle; and (D) medium-speed electric vehicle.

Electric Vehicle Charging Station

A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.

Electric Vehicle Charging Station – Private

An electric vehicle charging station that is (A) privately owned and has restricted access (e.g., detached dwelling unit, multi-family parking, executive parking, designated employee parking) or (B) publicly owned and restricted (e.g., fleet parking with no access to the general public).

Electric Vehicle Charging Station – Public

An electric vehicle charging station that is (A) publicly owned and publicly available (e.g., park and ride parking, public library parking lot) or (B) privately owned and publicly available (e.g., shopping center parking, nonreserved parking in multi-family parking lots).

Electric Vehicle Infrastructure

Structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

Electric Vehicle Parking Space

Any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.

Electric Vehicle Waiting Space

An off-street parking space where an electric vehicle, plug-in hybrid electric vehicle, electric scooters, and motorcycles wait to use a public electric vehicle charging station.

Medium-Speed Electric Vehicle

A self-propelled, electrically powered four (4) wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one (1) mile is more than twenty-five (25) miles per hour but not more than thirty-five (35) miles per hour and otherwise meets or exceeds the Federal regulations set forth in 49 CFR 571.500.

Neighborhood Electric Vehicle

A self-propelled, electrically powered four (4) wheeled motor vehicle whose speed attainable in one (1) mile is more than twenty (20) miles per hour and not more than twenty-five (25) miles per hour and conforms to Federal regulations under 49 CFR 571.500.

Nonelectric Vehicle

Any vehicle not defined as an electric vehicle under this section.

Plug-In Hybrid Electric Vehicle (PHEV)

An electric vehicle that (A) contains an internal combustion engine, and also allows power to be delivered to the drive wheels by an electric motor; (B) is able to recharge its battery by connecting to the grid or other off-board electrical source; and (C) has the ability to travel short distances (typically ten (10) miles or more) powered all, or substantially all, by electricity.

Rapid or DC Fast Charging Station

An industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 24-1022 § 5 (Exh. C); Ord. 16-1007 § 2)

A.    Required off-street parking spaces within any existing development listed within the land use charts listed below may be converted to battery charging station spaces or rapid charging station spaces for battery electric vehicles (BEVs) and plug-in hybrid electric vehicles (PHEVs); provided, that the battery charging and/or rapid charging stations are accessory to the permitted uses on the property.

1.    SMC 15.205.040, Use Chart, all nonresidential uses.

2.    SMC 15.300.055, City Center Overlay District Use Chart, retail/commercial uses only.

3.    SMC 15.305.055, South 154th Street Station Area Overlay District Use Chart, retail/commercial uses only.

4.    SMC 15.310.055, Angle Lake Station Area Overlay District Use Chart.

B.    At least 0.65 spaces shall be set aside as “electric vehicle waiting spaces” for each Level 3 publicly owned public electric vehicle charging station provided on site. Waiting spaces for Level 1 and 2 publicly owned public electric vehicle charging stations shall not be required.

C.    The use of any charging station on site shall not obstruct any vehicular or pedestrian traffic on site (such as waiting for a charging station space within a drive aisle or a designated pedestrian crossing) or within a public right-of-way (ROW).

D.    Battery or rapid charging station spaces shall be designated for charging electric vehicles only as provided under SMC 15.430.140. Nonelectric vehicles or noncharging BEVs or PHEVs shall not be allowed. The type of signage designating these spaces shall be approved by the Director. (Ord. 16-1009 § 12; Ord. 15-1018 § 1)

A.    Electric vehicle charging station spaces shall be allowed to be used in the computation of required off-street parking spaces as provided under SMC 15.455.110; provided, that the electric vehicle charging station(s) is accessory to the primary use of the property.

B.    If a publicly owned and publicly available Level 3 electric vehicle charging station(s) is provided on site, 0.65 electric vehicle waiting spaces shall also be provided for each electric vehicle charging station. These spaces shall be in addition to the off-street parking spaces required under SMC 15.455.110. (Ord. 15-1018 § 1)

A.    Number. No minimum number of charging station spaces is required.

B.    Location and Design Criteria. The provision of electric vehicle parking will vary based on the design and use of the primary parking lot. The following required and additional locational and design criteria are provided in recognition of the various parking lot layout options:

1.    Where provided, parking for electric vehicle charging purposes is required to include the following:

a.    Signage. Signage, as required under SMC 15.430.140 for each charging station space, shall be posted indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow-away provisions are to be enforced.

b.    Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.

c.    Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment shall be located so as not to interfere with accessibility requirements of WAC 51-50-005.

d.    Lighting. Where charging station equipment is installed, adequate site lighting shall exist, unless charging is for daytime purposes only.

2.    Parking for electric vehicles should also consider the following:

a.    Notification. Information on the charging station, identifying voltage and amperage levels and any time of use, fees, or safety information.

b.    Signage. Installation of directional signs at the parking lot entrance and at appropriate decision points to effectively guide motorists to the charging station space(s).

C.    Data Collection. To allow for maintenance and notification, owners of any private new electric vehicle infrastructure station that will be publicly available (see definition “electric vehicle charging station – public”) shall provide information on the station’s geographic location, date of installation, equipment type and model, and owner contact information. This information shall be submitted to the Department. (Ord. 15-1018 § 1)

Where electric vehicle charging stations are provided in parking lots or parking garages, accessible electric vehicle charging stations shall be provided as follows:

A.    Accessible electric vehicle charging stations shall be provided in the ratios shown on the following table.

B.    Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons. Below are two (2) options for providing for accessible electric vehicle charging stations.

(Ord. 15-1018 § 1)

A.    Off-street public electric vehicle charging station spaces shall provide the following signage:

Comment: The directional sign for an on-site parking lot or parking garage should be used in the parking facility with a directional arrow at all decision points.

Comment: Combination sign identifying space as an electric vehicle charging station, prohibiting nonelectric vehicles, with charging time limits. The use of time limits is optional. The blue/white and red/black signs define that only an electric vehicle that is charging can use the spaces. The green sign defines time limits for how long an electric vehicle can be in the space during the specified hours. Outside of the specified hours, electric vehicles can charge for an indefinite period of time. (Ord. 15-1018 § 1)

Electric vehicle battery exchange stations shall provide three (3) stacking spaces. A stacking space shall be an area measuring eight (8) feet by twenty (20) feet with direct forward access to the battery exchange bay. A stacking space shall be located to prevent any vehicles from extending onto the public right-of-way, or interfering with any pedestrian circulation, traffic maneuvering, or other required parking areas. Stacking spaces may not be counted as required off-street parking spaces. (Ord. 15-1018 § 1)

The purpose of this chapter is to regulate the height, placement, and architectural features of fences and retaining walls within residential zones. (Ord. 15-1018 § 1)

The provisions of this chapter shall apply to all fences, walls, and similar structures located within residential zone classifications.

A.    Fences and Trellises: Time of Completion. The construction of all fences and trellises shall be completed within six (6) months from the start of the fence construction. (Ord. 15-1018 § 1)

The height of a fence along property boundaries is to be measured from existing or finished grade, whichever is the lowest grade on the property boundary. (Ord. 15-1018 § 1)

Within residential zone classifications, maximum heights for fences shall be as follows:

A.    Front. Any fence in the front yard of the lot shall be limited to four (4) feet in height. This limit shall also apply to side yard fences within the first twenty (20) feet from the front property line (see following figures FENCE HEIGHTS and FENCE HEIGHTS ON CORNER LOTS).

B.    Side and Rear. Fences along all other side property lines and along rear property lines shall be limited to six (6) feet in height (see following figures FENCE HEIGHTS and FENCE HEIGHTS ON CORNER LOTS).

(Ord. 15-1018 § 1)

Fence height limits may be exceeded only under the following conditions:

A.    Increased Height for Fences Providing Clear Visibility. Plastic or metal fences providing clear visibility through the fence shall be allowed to a height of six (6) feet in a front yard and eight (8) feet in a side yard.

Figure: EXAMPLE OF FENCE PROVIDING CLEAR VISIBILITY

B.    Fence Height on Principal Arterial/Highway. Detached dwelling and multi-family dwelling units may have fences to a height of six (6) feet when fronting on a principal arterial/highway. A minimum of one (1) foot of the top of the fence shall be constructed in a manner to allow pedestrian and vehicular traffic to see through the fence (for example, lattice work). (See Figure: FENCE WITH LATTICE WORK.) Such fences may be stepped as provided in subsection (D) of this section. In all cases, the fence shall have an adequate setback in order to maintain sight distance requirements established in SMC 15.400.340, Sight Distance Requirements.

Figure: FENCE WITH LATTICE WORK

C.    Side/Rear Slope. When a side or rear yard fence is to be built along a sloping grade, the maximum six (6) foot height may be averaged in stepped segments to allow the fence to follow the natural rise and fall of the slope. However, under no circumstances shall any portion of the fence exceed eight (8) feet above finished grade (see Figure: FENCE HEIGHT ON A SLOPING GRADE).

Figure: FENCE HEIGHT ON A SLOPING GRADE

D.    Front Slope. When a front yard fence is to be built along a sloping grade the maximum four (4) foot height may be averaged in stepped segments to allow the fence to follow the natural rise and fall of the slope. However, under no circumstances shall any portion of the fence exceed six (6) feet above finished grade.

E.    Bulkhead or Retaining Wall. When a property owner raises the existing grade of a sloping residential lot through the construction of a bulkhead or retaining wall and the addition of fill, the height of such bulkhead or wall shall not exceed six (6) feet above existing grade.

1.    Maximum Combined Height with Fence. If a new fence is to be placed on top of such a bulkhead or wall, the maximum combined height of the bulkhead or retaining wall and fence shall be as follows (see Figure: BULKHEAD/RETAINING WALL WITH FENCE):

a.    On side and rear yards – nine and one-half (9-1/2) feet.

b.    On front yards – six (6) feet.

Figure: BULKHEAD/RETAINING WALL WITH FENCE

2.    Fences on Retaining Walls. Fences on retaining walls where the combined height of the retaining wall and fence exceeds nine and one-half (9-1/2) feet or six (6) feet in the front yard shall be constructed of plastic or metal of open design, providing clear visibility through the fence (see Figure: EXAMPLE OF FENCE PROVIDING CLEAR VISIBILITY in subsection (A) of this section).

F.    Bulkhead/Retaining Wall for Stabilization. When a bulkhead or retaining wall is used to stabilize an excavation into existing grade on a sloping site, then the height of any such structure is limited to six (6) feet above finished grade, providing, however, that if additional wall height is necessary to retain the fill, then maximum height shall be as established through a grading permit.

1.    Fence Limitations. Any new fence to be placed above a bulkhead or retaining wall permitted to exceed six (6) feet must be set back three (3) feet from the bulkhead or retaining wall along all property lines, and be limited to four (4) feet in height above the top of the bulkhead or retaining wall (see following Figure: BULKHEAD/RETAINING WALL FOR STABILIZATION: FENCE LIMITATIONS).

a.    Fence Height Maximum and Materials. A fence up to six (6) feet may be allowed provided it is constructed of plastic or metal of open design, providing clear visibility through the fence.

b.    Landscaping of Setback Area. The three (3) foot setback area between the bulkhead or retaining wall and a fence shall be landscaped to at least the minimum standard established in SMC 15.445.120(E).

Figure: BULKHEAD/RETAINING WALL FOR STABLIZATION: FENCE LIMITATIONS

(Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

A.    Architectural Features Permitted. Architectural features (such as trellises and lattice panels) may be added to the top of a permitted fence in the front, side and rear yard setback as long as the following standards are met:

1.    Additional Height with Architectural Feature. An architectural feature (such as a trellis or lattice panel), which is no more than twelve (12) inches in height, may be added above the maximum height limit of the fences as specified in this subsection as long as there remains at least ten (10) inches of open space above the top of the fence.

a.    Supports for Architectural Features. Supports for the architectural feature placed on top of the fence shall be spaced no closer than three (3) feet on centers.

b.    Solid Clear Panel. Upon approval of the Director, a solid clear panel may be placed in the opening between the top of the fence and the bottom of the trellis.

2.    Maximum Fence Heights with Architectural Features. The overall height of the fence, including any architectural features, shall not exceed eight (8) feet in height above finished grade in side yards not closer than twenty (20) feet from the front property line and rear yard and six (6) feet in the front yard (see Figure: MAXIMUM FENCE HEIGHT WITH ARCHITECTURAL FEATURES).

Figure: MAXIMUM FENCE HEIGHT WITH ARCHITECTURAL FEATURES

3.    Archway and Arbors. A single archway or arbor is permitted within the front yard, as a pedestrian entrance, to a maximum height of eight (8) feet and a maximum width of five (5) feet. (Ord. 15-1018 § 1)

The purpose of this chapter is to designate regulations that apply to domestic animals, horses, equine animals, and livestock. (Ord. 15-1018 § 1)

The provisions in this chapter shall apply to all domestic animals, horses, equine animals, and livestock. (Ord. 15-1018 § 1)

Domestic animals as defined in Chapter 15.105 SMC, Definitions, are permitted outright in all zone classifications within the City. The number of inside or outside animals allowed is listed below.

A.    Inside Animals.

1.    The number of cats kept inside and birds, snakes, and small rodents kept in aquariums, terrariums, cages, or other similar containers shall not be limited unless the property meets the definition of a “kennel” under Chapter 15.105 SMC, Definitions, or is limited by health codes.

2.    All other domestic animals kept inside shall be limited to not more than five (5) total domestic animals, in an allowed combination of the animals listed in the Outside Animals table in subsection (B) of this section. Miniature horses shall not be allowed as an inside animal. Except for the domestic animals listed in subsection (A)(1) of this section, the total number and type of inside animals allowed shall not exceed the number of animals that are allowed outdoors (for example, a property owner could not have five (5) pot-bellied pigs indoors. Only one (1) or two (2) would be allowed indoors based on lot size. No pot-bellied pigs would be allowed indoors on lots of less than fifteen thousand one (15,001) square feet).

B.    Outside Animals. The number of outside animals shall be limited based on lot size as defined in the following Outside Animals table.

*    This denotes the total number of outside animals allowed. This total may be any combination of the above listed animals (for example, three (3) dogs, one (1) goat, and one (1) sheep).

**    This is the total number of this animal type that is allowed as part of the total number of animals allowed based on lot size (for example, three (3) sheep would not be allowed on a lot of less than fifteen thousand one (15,001) square feet). All animals and fowl shall be kept in a confined area and maintained. Any covered structure used to house any outside animal shall conform to all yard setback requirements. No confinement area shall be located within a critical (sensitive) area or its buffers.

***    Not exceeding forty (40) pounds at full maturity.

C.    Animals that are kept indoors, but are allowed outside for more than one (1) hour per day, shall be defined as outdoor animals.

D.    A hobby kennel license is required for four (4) or more dogs. A hobby cattery license is required for five (5) or more cats, per SMC 6.05.020, General provisions and licensing. (Ord. 15-1018 § 1)

A.    Applicability.

1.    Any horse or equine animals in existence at the date of the adoption of this code (or areas annexed into the City) shall be permitted to remain under the authority of a legal nonconforming use as specified under SMC 15.120.060, Nonconformance – Uses of Land, Horses/Equine Animals. Any new horses shall be permitted with the approval of a special district overlay as noted in SMC 15.315.300, Equestrian Overlay Zone.

2.    All horses and equine animal locations and facilities (existing/proposed) shall be reviewed and approved by the Director or Code Enforcement Officer or designee to ensure compliance with the herein adopted health standards, pursuant to the standards established in SMC 15.315.300, Equestrian Overlay Zone. (Ord. 15-1018 § 1)

Within the UL (urban low) land use classification, livestock which are kept as part of a school project or program by a public or private school located within the City shall be allowed on the school property so long as such animals are not kept in such a number or in such a manner as to pose a threat to public health, safety or welfare. (Ord. 15-1018 § 1)

The purpose of this chapter is to foster retention of significant trees and to provide landscaping in developments to preserve and enhance the aesthetic character of the City, to improve the quality of the built environment, to promote retention and conservation of existing natural vegetation, to reduce the impacts of development on drainage systems and natural habitats, and to increase compatibility between different land uses by:

A.    Providing visual interruption of large expanses of parking areas and reduction of reflected heat and glare through the implementation of interior and perimeter parking area landscaping;

B.    Screening undesirable views from surrounding properties;

C.    Providing a visual and physical barrier between dissimilar adjoining land uses;

D.    Providing increased areas of permeable surfaces which allow:

1.    Infiltration of surface water into groundwater resources;

2.    Reduction in the quantity of storm water discharge; and

3.    Improvement in the quality of storm water discharge.

The landscaping standards in this chapter are minimum requirements. Where it is determined by the City that additional landscaping is needed to mitigate, screen or buffer the development from its surroundings, or comply with the spirit of this chapter, additional landscaping may be required. (Ord. 15-1018 § 1)

A.    The provisions of this chapter shall apply to:

1.    The addition of any new middle housing or detached dwelling units on a lot; or

2.    All new developments on vacant land requiring building permits; or

3.    When the gross floor area (gfa) of a building/complex expands beyond twenty percent (20%) of the total existing gfa, the current landscape standards shall be applicable and integrated into the redevelopment. Within the commercial low (CL) zone, the provisions of this chapter shall apply when the complex expands beyond forty percent (40%) of the total existing gfa; or

4.    Upon the change in use of any property to public/private parking; or

5.    Upon the conversion of any outdoor space of two hundred (200) square feet or greater to a business use or parking, the current landscape standards shall be integrated into that portion of the site to the greatest extent feasible.

B.    Exemptions. The following uses are exempt from the landscaping requirements of this chapter:

1.    Residential accessory uses; and

2.    Subdivisions and short subdivisions in regard to perimeter and street landscape proportions only.

C.    Landscaping Requirements and Increased Setbacks. Where the width of a required landscape strip exceeds the normally required setback of a zone or specific use, the required setback shall be increased to accommodate the full width of the required landscaping.

1.    Exceptions.

a.    URH-MU, CB-C and NV Zones Outside of Overlay Districts. The street frontage landscape strip requirement shall not apply to uses in the urban residential high-mixed use (URH-MU) zoning category, community business in the urban center (CB-C) zoning category, or neighborhood village (NV) zoning category outside of the overlay districts. Alternative street frontage landscaping requirements are located in SMC 15.515.200(C)(1).

b.    City Center, South 154th Street and Angle Lake Station Area Overlay Districts. Within the designated City Center, South 154th Street Station Area, and Angle Lake Station overlay districts, front yard open space as per SMC 15.300.320, 15.305.320 and 15.310.300 shall be required in lieu of street frontage landscaping required within this chapter.

2.    Relocation of Required Street Frontage Landscaping. If the normal required landscaping is reduced through this exception for all applicable zones except in the designated overlay districts, fifty percent (50%) of said landscaping shall be placed into plazas, rooftop gardens and other pedestrian amenities, and street trees shall be planted within the public right-of-way in locations and amounts to be determined by the Director.

D.    Landscaping and Existing Buildings. When an existing building precludes installation of the total width of required landscaping, the landscaping shall be installed to the extent possible and the remaining required landscaping shall be installed elsewhere on the site to provide the best possible screening.

E.    Other Standards Applicable. Except as specified in this section of the Zoning Code, all other relevant standards and requirements in this code shall apply. (Ord. 25-1008 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 18-1029 § 1; Ord. 16-1022 § 1 (Exh. C); Ord. 16-1009 § 13; Ord. 15-1018 § 1)

A.    Departures. Upon review and approval by the Director, departures to the landscape standards required under this chapter may be allowed to provide flexibility and creativity of project designs. At a minimum, the following criteria shall be used to determine if a departure is warranted:

1.    If the strict interpretation or application of these landscape standards would be inconsistent with related provisions of the Zoning Code or would be contrary to the overall purpose or intent of City goals and objectives; and

2.    If it can be shown that the overall project design and feasibility can be improved; or

3.    To implement the Crime Prevention Through Environmental Design (CPTED) standards under Chapter 17.56 SMC, Landscaping.

B.    Alternative Landscape Options. Separate from a departure, the following alternative landscape options are permitted only as approved by the Director:

1.    Incorporation of existing vegetation to augment new plantings in the landscape design.

2.    Reduction of the width of the Type I landscape strip by no more than twenty percent (20%) when incorporating fences, hedges, architectural barriers or berms into the landscape design. The reduced landscaping in such cases shall be reallocated to other portions of the site.

3.    Incorporation in the design of berms of at least three (3) feet in height for width reduction.

4.    The street frontage landscaping can be located between the road and sidewalk or alternate based on a comprehensive design layout. (Ord. 25-1008 § 1 (Exh. A); Ord. 15-1018 § 1)

All landscaping shall conform to the regulations listed in this section, where applicable. (Ord. 15-1018 § 1)

The five (5) types of landscaping are described and applied as follows:

A.    Type I Landscaping.

1.    Type I landscaping is a “full screen” which functions as a visual and psychological barrier. Full screening is intended generally for use adjacent to freeways and between uses with a high degree of incompatibility.

2.    Type I landscaping shall consist of:

a.    A solid wall of trees and/or a dense hedge with a mix of native and drought tolerant deciduous and evergreen trees placed to form a continuous screen within three (3) years;

b.    At least seventy percent (70%) evergreen trees;

c.    Evergreen trees spaced no more than fifteen (15) feet on center;

d.    Deciduous trees spaced no more than twenty (20) feet on center;

e.    Evergreen shrubs spaced no more than four (4) feet apart and to achieve a height of six (6) feet above the traveled way grade within three (3) years;

f.    Native and drought tolerant groundcover;

g.    Street frontage landscaping shall be located behind the sidewalk; and

h.    Vegetated LID BMPs, consistent with the intent of this section.

Figure: TYPE I LANDSCAPING

B.    Type II Landscaping.

1.    Type II landscaping is a “filtered screen” which functions as a visual separator. Filtered screening is intended for use between uses with some degree of incompatibility.

2.    Type II landscaping shall consist of:

a.    A mix of native and drought tolerant evergreen and deciduous trees and shrubs spaced to create a filtered screen within three (3) years;

b.    At least fifty percent (50%) deciduous trees and at least thirty percent (30%) evergreen trees;

c.    Evergreen trees spaced no more than fifteen (15) feet on center;

d.    Deciduous trees spaced no more than twenty (20) feet on center;

e.    Evergreen shrubs spaced no more than five (5) feet apart and that achieve a height of six (6) feet above the traveled way grade within three (3) years;

f.    Native and drought tolerant groundcover;

g.    Street frontage landscaping shall be located behind the sidewalk; and

h.    Vegetated LID BMPs, consistent with the intent of this section.

Figure: TYPE II LANDSCAPING

C.    Type III Landscaping.

1.    Type III landscaping is a “see-through buffer” which functions as a partial visual separator to soften the appearance of streets, parking areas and building elevations. See-through buffering is intended for use between streets and a land use, or between similar, compatible uses.

2.    Type III landscaping shall consist of:

a.    A mix of native and drought tolerant evergreen and deciduous trees spaced to create a continuous canopy within ten (10) years;

b.    At least seventy percent (70%) deciduous trees;

c.    Trees spaced no more than twenty-five (25) feet on center;

d.    Evergreen shrubs spaced no more than four (4) feet apart that do not exceed a height of four (4) feet above the traveled way grade at maturity;

e.    Native and drought tolerant groundcover;

f.    Street frontage landscaping can be located in front or behind the sidewalk; and

g.    Vegetated LID BMPs, consistent with the intent of this section.

Figure: TYPE III LANDSCAPING

D.    Type IV Landscaping.

1.    Type IV landscaping is “parking area landscaping” which provides shade and visual relief, maintains clear sight lines, and allows for stormwater treatment and/or flow control within parking areas.

2.    Type IV landscaping shall consist of:

a.    Canopy-type deciduous trees or broadleaf evergreen trees, native and drought tolerant evergreen shrubs and a mix of native and drought tolerant evergreen and deciduous groundcovers planted in wells or strips;

b.    Shrubs that do not exceed a height of three (3) feet above the traveled way grade in maturity;

c.    Plantings contained in bioretention, rain gardens, or planting wells or strips having an area of at least one hundred (100) square feet and with narrowest dimensions of at least five (5) feet in width;

d.    Bioretention, rain gardens, or planting wells or strips which each contain at least one (1) tree;

e.    Native and drought tolerant groundcover; and

f.    Street frontage landscaping can be located in front of or behind the sidewalk.

Figure: TYPE IV LANDSCAPING

E.    Type V Landscaping.

1.    Type V is small-scale building facade landscaping which provides visual interest and a buffer between buildings and sidewalks or common areas.

2.    Type V landscaping shall consist of:

a.    Native and drought tolerant shrubs spaced no more than five (5) feet apart; and

b.    Native and drought tolerant groundcover. (Ord. 16-1022 § 1 (Exh. C); Ord. 15-1018 § 1)

A.    Deciduous trees shall have a diameter (caliper) of at least two (2) inches measured four (4) feet above the ground at the time of planting.

B.    Evergreen (broadleaf or conifer) trees shall be at least eight (8) feet in height measured from treetop to the ground at the time of planting.

C.    In Type I and II landscaping, trees shall be staggered in two (2) or more rows when the width of the landscape strip is twenty (20) feet or greater.

D.    Shrubs shall be at least twenty-four (24) inches high or wide at the time of planting and shall be a minimum two (2) gallon rootball size.

E.    Groundcovers shall be planted and spaced to result in total coverage of the landscape strip within one (1) year. Groundcovers shall be planted at a maximum of twenty-four (24) inches on center or as approved by the City.

F.    Grass may be used as groundcover in Type III and IV landscape strips.

G.    If fences, hedges or other architectural designs are used along street frontage, they shall be placed inward of the landscape strip. Openings shall be provided to accommodate pedestrian circulation requirements.

H.    Berms shall not exceed a slope of three (3) horizontal feet to one (1) vertical foot (3:1).

I.    Landscape requirements for all uses established through a conditional use permit or a special use permit shall be determined during the applicable review process.

J.    The area of vehicle overhangs into landscaped areas shall not be counted towards required landscaping. (Ord. 15-1018 § 1)

All landscaping and required irrigation shall be installed prior to issuance of a final certificate of occupancy or final inspection on related subdivision projects. (Ord. 15-1018 § 1)

All planting required for new development in multi-family, commercial, and industrial zones and in long subdivisions (street trees only) shall receive sufficient water to ensure survival as follows:

A.    Landscaped areas shall be installed with the following irrigation systems or water conservation methods:

1.    Moisture sensor (may be required);

2.    Automatic timers set for operation periods which minimize evaporation and assure adequate moisture levels;

3.    Sprinkler heads (of the pop-up type) designed to provide adequate coverage for all landscaping. Other sprinkler heads may be allowed upon approval by the City;

4.    Separate irrigation zones for turf and planting beds;

5.    Group together plants with similar water needs;

6.    Augmenting existing soils with loamy soil; and

7.    Covering the area surrounding the base of plants with mulch to minimize evaporation.

B.    The Director may allow an exemption from the irrigation requirements if the applicant provides:

1.    Landscape areas where at least seventy percent (70%) of the existing vegetation is undisturbed;

2.    Landscaping in areas where existing site conditions (i.e., high water table) assure adequate moisture to sustain growth;

3.    Despite physical constraints preventing automatic irrigation, a manual scheduled method is proposed and approved. (Ord. 17-1023 § 1; Ord. 16-1022 § 1; Ord. 15-1018 § 1)

Within the multi-family, commercial, and industrial zones, the applicant shall provide the following maintenance or shall be subject to enforcement action as provided in Chapter 15.125 SMC, Code Enforcement:

A.    All required landscaped areas shall be maintained, pruned, trimmed, and watered to create an attractive appearance and a healthy growing condition.

B.    Dead, diseased, stolen, or vandalized planting shall be replaced within one (1) month as weather conditions allow.

C.    Property owners shall keep the planting area reasonably free of weeds and trash. (Ord. 17-1023 § 1; Ord. 16-1022 § 1; Ord. 15-1018 § 1)

A.    Prior to issuance of a final certificate of occupancy within the multi-family, commercial, and industrial zones and within long subdivisions (for street trees only), all required landscaping shall be installed or a landscape bond or other suitable financial guarantee as approved by the City shall be submitted to the Department. The amount of the landscape bond or other financial guarantee shall equal one hundred fifty percent (150%) of the estimated cost of the required landscaping.

B.    Upon final inspection of required landscaping in the multi-family, commercial, or industrial zones, or before issuance of a certificate of occupancy for the last home in a long subdivision, a maintenance bond or other acceptable financial guarantee equal to thirty percent (30%) of the replacement cost of the required landscaping shall be submitted. The bond shall be maintained for a three (3) year period, at which point the Director will determine if the bond will be released or is needed for maintenance within the landscaped areas. (Ord. 18-1001 § 12; Ord. 17-1023 § 1; Ord. 15-1018 § 1)

Repealed by Ord. 18-1001. (Ord. 15-1018 § 1) 

A.    Landscaping Standards Chart Guide.

1.    About the Landscaping Chart. The following chart lists all of the types and widths of landscaping required for each land use.

2.    How to Use the Use Chart.

a.    The land uses are listed vertically along the left hand side and the location of the landscaping is listed horizontally across the top.

b.    Each square in the chart shows the type and width of landscaping required for the land use.

c.    In addition to the type and width of landscaping identified within a square, other standards that apply are noted by number and described in the column on the far right of the chart. If the regulation is not preceded by a number, the regulation applies to all types of landscaping for that use.

d.    If the square includes the letters “N/A,” there is no standard for that type of landscaping for that use.

NOTE: Additional regulations for the location of the required landscaping may apply. (Ord. 15-1018 § 1)

(Ord. 25-1008 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 23-1003 § 3; Ord. 21-1031 § 17 (Exh. E); Ord. 21-1008 § 16; Ord. 18-1029 § 1; Ord. 16-1009 § 4; Ord. 15-1018 § 1)

A.    On-site street frontage landscaping shall be installed on the subject (private) property and is separate from street landscaping as described in SMC Title 11, Streets, Sidewalks, and Public Thoroughfares.

B.    Combining Street Frontage and Street Landscaping in Right-of-Way. On-site street frontage landscaping required under SMC 15.445.210 and right-of-way (ROW) street landscaping required under SMC Title 11 may be combined upon review and approval by the Director.

1.    The combined landscaping may be variable widths, no less than five (5) feet; provided the total required amount of the combined on-site street frontage landscaping and ROW street landscaping is located on site outside of the public ROW. (For example, if the combined required on-site street frontage landscaping and ROW street landscaping is twenty (20) feet in width along a one hundred (100) foot street frontage (fifteen (15) feet on site, five (5) feet in the ROW), and the width is reduced to seven (7) feet on site, then one thousand three hundred (1,300) square feet of landscaping (13 feet x 100 feet = 1,300 square feet) must be distributed elsewhere on site, outside of the ROW, in addition to other on-site landscape requirements.)

2.    Variable widths may be allowed based on the following criteria:

a.    The location of below and above ground utilities.

b.    To provide bike lanes, if sufficient right-of-way is not available to provide both the bike lane and street landscaping.

c.    Traffic safety.

d.    Topographic conditions.

e.    Other special site conditions.

C.    Reducing Width of Street Frontage Landscaping. The width of the street frontage landscaping may be reduced twenty-five percent (25%) if the area comprising the twenty-five percent (25%) is allocated to landscaping located adjacent to the street facing facade of the building(s) on a site. The landscaping shall be placed in a manner and consist of vegetation determined by the Director to provide equal or greater screening from the street. The twenty-five percent (25%) allocation is in addition to the required building facade landscaping. (Ord. 15-1018 § 1)

A.    Groundcover shall be spaced a maximum of two (2) feet along building facades.

B.    Conifers shall not be used for facade landscaping.

C.    Deciduous trees can be placed at thirty (30) foot centers for facade landscaping on buildings with continuous windows. (Ord. 15-1018 § 1)

Side and rear landscape buffers shall be required where noncompatible uses develop adjacent to residentially zoned property pursuant to the landscaping standards charts for recreation, accessory, recreational/cultural uses, general, educational and health services uses, government/office uses, retail commercial uses, and manufacturing uses at SMC 15.445.210, except as modified below:

A.    Where noncompatible uses develop adjacent to property that is zoned residential but which has a nonresidential or high density residential potential zone compatible with the proposed development, then the buffers of the said SMC 15.445.210 charts may be reduced to ten (10) feet of Type I landscaping. This shall not, however, apply to any phasing areas as identified in the SeaTac Comprehensive Plan “Land Use Phasing Map.”

B.    For the purposes of this section, hotel/motel and associated uses shall be considered a commercial use, and mobile/manufactured home parks shall be considered a residential use. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

A.    At least ten percent (10%) of the interior parking area shall have landscaping when the total number exceeds twenty (20) parking stalls.

B.    Landscape Islands. At least one (1) interior landscape island for every seven (7) parking stalls shall be provided to be reasonably distributed throughout the parking lot. Landscape island siting and design may be adjusted to accommodate LID BMPs, such as bioretention.

C.    Trees and Landscape Islands. At least one (1) tree must be provided in each landscape island.

D.    Curbs/Barriers. Permanent curbs and/or barriers shall be provided to protect the plantings from vehicle overhang. Curb cuts or grates can be incorporated to allow water to enter stormwater facilities and LID BMPs.

E.    The perimeter of a parking lot shall be planted with a minimum of five (5) foot landscaping buffers with Type III landscaping. Any abutting landscaped areas can be credited toward meeting this standard.

F.    Height of Landscaping. Parking lot landscaping in areas adjacent to a parking space shall not exceed two (2) feet in height within three (3) feet of the curb, to allow for car overhangs.

(Ord. 16-1022 § 1 (Exh. C); Ord. 15-1018 § 1)

Repealed by Ord. 18-1039. (Ord. 15-1018 § 1)

All permitted and conditional uses within the industrial (I) zone shall have a minimum twenty (20) foot Type I landscape strip adjacent to or across a public right-of-way from a residential low density zone. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

A.    All garbage dumpsters/recycling bins must be screened from view from adjacent streets and properties using dense vegetation and/or a fence.

B.    Garbage dumpsters/recycling bins must conform to minimum setback requirements and must be determined to be accessible to sanitation trucks prior to approval of the dumpster/recycling bin location. (Ord. 25-1008 § 1 (Exh. A); Ord. 15-1018 § 1. Formerly 15.445.300)

Tree retention and protection standards shall be implemented as follows:

A.    Retention of Significant Trees Within New Short Plats and Long Subdivisions.

1.    Significant trees within new short plats and long subdivisions shall be retained as follows, unless an alternative allowed by this subsection (A) is used:

a.    Residential low density zones: two (2) significant trees.

b.    All other zones: three (3) significant trees, or twelve percent (12%) of the significant trees on site, whichever number is greater.

i.    A covenant shall run with the property advising potential purchasers of significant trees to be saved that are located on site. The text of this covenant shall be approved by the Director.

ii.    Significant trees within required landscape areas shall be given preference to be retained.

2.    Significant trees located in the following areas are not required to be retained:

a.    Trees within the building footprint of a proposed residence and accessory structure (detached carport or garage).

b.    Trees within any private access easement.

c.    Trees within any proposed utility easement.

3.    Significant trees to be retained shall be protected during the construction process for final short plat approval, during long plat approval, and during the construction process of a residence on each lot as provided under subsection (C) of this section, Protection of Significant Trees.

4.    Any significant tree proposed to be retained that is removed during the final short plat or preliminary plat approval process, or during the construction of a residence on a lot, shall be mitigated as follows:

a.    Residential Low Density Zones.

i.    For each significant tree removed, two (2) deciduous trees, a minimum of two (2) inches in caliper measured at four (4) feet from its base at the time of planting; or

ii.    Two (2) evergreen trees with a minimum height of eight (8) feet, not including growth leaders; or

iii.    Any combination of the above, with a minimum of two (2) trees.

iv.    All trees required to be replanted shall be replanted prior to the final inspection of the residence.

v.    No mitigation for the removal of significant trees shall be required once the builder of a detached dwelling unit on any lot containing significant trees transfers ownership of the lot and residence to another party, or when a certificate of occupancy is issued to the same party.

b.    All Other Zones.

i.    For each significant tree removed, three (3) deciduous trees, a minimum of two (2) inches in caliper measured at four (4) feet from its base at the time of planting; or

ii.    Three (3) evergreen trees with a minimum height of eight (8) feet, not including growth leaders; or

iii.    Any combination of the above, with a minimum of three (3) trees.

iv.    All trees required to be replanted as mitigation shall be replanted prior to occupancy.

B.    Tree Retention – Clearing of Multi-Family, Commercial, and Industrial Zoned Lots.

1.    No significant trees shall be removed from any multi-family, commercial, or industrial zone property without obtaining a no-fee “Tree Clearing Permit” from the Department. The property owner shall demonstrate at least one (1) of the following criteria in order to obtain a “Tree Clearing Permit”:

a.    A tree constitutes a safety hazard to any structure on the property and to any structures on adjacent properties as determined by the City; or

b.    A tree is dead; or

c.    The tree is significantly diseased and will die as determined by the City; or

d.    The property owner has an approved building permit for a new development on the property.

C.    Protection of Significant Trees. To provide the best protection for significant trees, applicants:

1.    Shall provide during the construction stage either:

a.    A temporary five (5) foot high fence; or

b.    A line of five (5) foot high, orange-colored, two-by-four (2x4) stakes placed no more than ten (10) feet apart.

2.    Shall place the fence or stakes in a line generally corresponding to the drip line of any significant tree(s) to be retained.

3.    Shall construct a rock well if the grade level around the tree is to be raised by more than one (1) foot. The diameter of the well shall be equal to the diameter of the trunk plus five (5) feet.

4.    Shall not install impervious surfaces, excavate, store, or drive equipment within the area defined by such fencing or stakes.

5.    Shall not lower the grade level within the larger of the two (2) areas defined as follows:

a.    The drip line of the tree(s); or

b.    An area around the tree equal to one (1) foot diameter for each inch of tree trunk diameter measured four (4) feet above the ground.

6.    May use alternative protection methods if determined by the Director to provide equal or greater tree protection. (Ord. 25-1008 § 1 (Exh. A); Ord. 15-1018 § 1. Formerly 15.445.400)

All detached dwelling units and middle housing shall include usable open space as follows:

A.    Open space shall be provided equal to a minimum twenty percent (20%) of the lot size. This may include common open space, private open space, setbacks, critical areas, and other open space.

1.    Open space may be a single large space or combined for common open space.

2.    Unenclosed porches, patios, and entries may count towards open space if contiguous with a space that meets the standards of this section.

3.    Driveways and parking areas may not count towards open space.

B.    Cottage Housing. At least one (1) outdoor common open space is required.

C.    Courtyard Apartments. At least one (1) yard or court is required.

1.    The yard or court shall be bordered by attached dwelling units on two (2) or three (3) sides. (Ord. 25-1008 § 1 (Exh. A))

A.    A minimum number of trees per lot within new proposed short plats and long subdivisions shall be required, as follows:

1.    Two (2) significant trees;

2.    One (1) significant tree and two (2) new trees; or

3.    Four (4) new trees.

All new trees per lot shall be planted on the lot prior to the final inspection of any residence on the lot and shall meet the standards set forth in subsection (B) of this section.

B.    Significant trees or existing healthy trees on the lots that meet the following minimum size standards may be counted towards the requirements of subsection (A) of this section:

1.    Deciduous trees, a minimum of two (2) inches in caliper measured at four (4) feet from its base at the time of planting; or

2.    Evergreen trees with a minimum height of eight (8) feet, not including growth leaders; or

3.    Any combination of the above, with a minimum meeting the requirements of subsection (A) of this section.

4.    The following material will not be regarded as trees:

a.    Vine Maple (Acer circinatum).

b.    Serviceberry (Amelanchier).

c.    Arborvitae (not including Western Red Cedar (Thuja plicata)).

d.    Any other tree that could be considered a shrub.

C.    No mitigation for the removal of trees shall be required once the builder of a detached dwelling unit on any lot containing trees transfers ownership of the lot and residence to another party, or when a certificate of occupancy is issued to the same party. (Ord. 25-1008 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1. Formerly 15.445.440)

Repealed by Ord. 25-1008. (Ord. 15-1018 § 1)

Repealed by Ord. 25-1008. (Ord. 15-1018 § 1)

Repealed by Ord. 25-1008. (Ord. 15-1018 § 1)

The purpose of this chapter is to clearly delineate regulations that apply to mobile refueling operations. (Ord. 15-1018 § 1)

The provisions of this chapter shall apply to all mobile refueling operations within the following zones: residential, Park, O/C/MU, commercial and industrial. (Ord. 15-1018 § 1)

Mobile refueling shall conform with the following requirements:

A.    Business License. The owner of the on-site mobile refueling operation shall obtain and maintain a valid City of SeaTac business license.

B.    Fire Department Fuel Dispensing Permit. An annual Fire Department Fuel Dispensing Permit shall be obtained from the SeaTac Fire Department, Fire Prevention Bureau. A site inspection may be conducted at any time to verify compliance with Fire Department Permit conditions and provisions.

C.    Spill Containment Kit. Spill containment kits shall be located on-site and each fuel dispensing vehicle shall have a spill kit that is capable of providing catch basin covers for all catch basins within the site of the refueling operation, absorbent pigs, petroleum diapers, and a disposal container. Spill kit contents shall be approved by the SeaTac Fire Department Fire Prevention Bureau.

D.    Emergency Response Plan. An approved emergency response plan shall be developed for each refueling site. Such emergency response plan shall be immediately available to the driver/operator of the dispensing vehicle. The drivers/operators of the dispensing vehicles shall be properly trained in the site-specific emergency response plan for each site within the City. The emergency response plan shall be activated by the driver/operator of the dispensing vehicle any time there is a spill of any measurable quantity of combustible liquid. Failure to activate the emergency response plan shall be a citable violation of the Fire Code. The emergency response plan shall be a step-by-step detailed plan as to what the driver/operator should do if there is a spill, leak, fire or other emergency at a mobile refueling site.

E.    Vehicles and Equipment. Only approved tank vehicles and dispensing equipment shall be used.

F.    Dispensing Fuel. The driving or moving of a fuel dispensing tank vehicle while the dispensing hose is deployed to a motor vehicle or while dispensing motor fuel shall not be allowed and will be cause for immediate revocation of the site refueling privilege and any permits and/or licenses.

G.    Water Quality and Spill Control. The project site or property, on which the fueling operation is to occur, shall comply with City requirements for water quality and spill control for high use sites.

H.    Proximity to Wetland or Creek. No refueling shall be allowed within one hundred (100) feet of a wetland or creek. Refueling within one hundred (100) feet of a wetland or creek may be approved by the Director and Director of Public Works; provided, that a plan is submitted and approved showing that any fuel that may be spilled cannot reach a wetland or creek. Refueling shall be subject to an approved emergency response plan. Such emergency response plan shall be immediately available to the driver/operator of the dispensing vehicle.

I.    Hours of Operation.

1.    Commercial and Industrial zones: 7:00 a.m. to 7:00 p.m.

2.    Residential, Park and O/C/MU zones: 7:00 a.m. to 6:00 p.m. (Ord. 15-1018 § 1)

The purpose of this chapter is to provide adequate parking for all uses permitted in the code, to reduce demand for parking by encouraging alternative means of transportation including public transit, ride-sharing and bicycles, and to increase pedestrian mobility in the City of SeaTac by:

A.    Setting minimum, off-street parking standards for different land uses that assure safe, convenient and adequately sized parking facilities within activity or business centers;

B.    Providing incentives to ride-share through preferred parking arrangements;

C.    Providing for parking and storage of bicycles;

D.    Providing incentives to encourage employee and citizen use of present and future high capacity transit (HCT) modes; and

E.    Requiring uses which attract large numbers of employees or customers to provide transit stops. (Ord. 15-1018 § 1)

A.    All new uses locating in any new building shall be required to meet the off-street parking, internal circulation, loading space, bicycle parking and storage, and pedestrian circulation requirements of this chapter.

B.    Any use that requires an addition to an existing building or a change of use encompassing more than forty percent (40%) of the gross floor area (gfa) of the building/complex shall require the current parking standards be implemented relative to only the new square footage.

C.    If this chapter does not specify a parking requirement for a specific land use, the Director shall establish the minimum requirement based on a comparable parking demand. The applicant may be required to provide a parking study for the proposed use demonstrating that the parking demand for the specific land use will be satisfied. The study shall be prepared by a professional with expertise in traffic and parking analysis, or an equally qualified individual authorized by the Director.

D.    If the required amount of off-street parking has been proposed to be provided off-site, the applicant shall provide a satisfactory written contract with cooperating landowners showing the provision of adequate off-street parking. Additionally, satellite parking is permitted for accessory uses in conjunction with primary uses in SMC 15.455.150, Location of Parking.

E.    Once a use has approved parking layout and spaces, different uses/companies off-site cannot use the parking created for the subject property/development. (Ord. 15-1018 § 1)

All properties shall conform to the parking requirements in this section. Additional or superseding parking regulations may apply in the designated overlay districts, and as required elsewhere in this title. (Ord. 15-1018 § 1)

A.    Minimum Parking Requirements. Off-street parking areas shall contain at a minimum the number of parking spaces as stipulated in the following parking chart in SMC 15.455.120.

B.    Rounding Up Calculations. If the calculation for determining the number of off-street parking spaces results in a fraction, the applicant shall be required to provide the number of spaces rounded up to the nearest whole number. (Ord. 15-1018 § 1)

(Ord. 25-1008  1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 23-1003 § 3; Ord. 22-1002 § 11 (Exh. E); Ord. 21-1031 § 18 (Exh. F); Ord. 21-1008 § 17; Ord. 16-1009 § 5; Ord. 15-1018 § 1)

A.    Ride-Share Requirements.

1.    All land uses in government/business, retail/commercial, manufacturing and any other land use where employees are a basis for computing the required off-street parking spaces in SMC 15.455.120, Required Off-Street Parking Spaces, shall be required to reserve one (1) parking space of every fifteen (15) required spaces for ride-share parking as follows:

a.    The ride-share parking spaces shall be located closer to at least one (1) entrance than other employee parking except handicapped;

b.    Reserved areas shall have markings and signs indicating that the space is reserved for ride-share vehicles; and

c.    Parking in reserved areas shall be limited to vanpools, carpools, and any other vehicles meeting minimum ride-share qualifications set by the employer.

B.    Accessible Parking Requirements. Off-street parking and access for physically handicapped persons shall be provided in accordance with Section 7503 of the regulations adopted pursuant to Chapter 19.27 RCW, State Building Code, Chapter 70.92 RCW, Public Buildings – Provisions for Aged and Handicapped, and any subsequent amendments to SMC Title 13, Buildings and Construction. (Ord. 15-1018 § 1)

A.    Transit Availability. The Director may reduce the number of required off-street parking spaces when one (1) or more regularly scheduled high capacity public (or recognized private/public systems, i.e., Regional Personal Transit) transit routes serve the site. The amount of reduction shall be based on the frequency of the transit service and shall be limited as follows:

1.    Residential/commercial – Thirty-five percent (35%) maximum – see the parking chart in SMC 15.455.120 for limits to the maximum reduction for some residential uses;

2.    Government/business/manufacturing – Forty percent (40%) maximum;

3.    Recreation/culture/retail/wholesale/general service – Thirty percent (30%) maximum.

B.    Shared Parking.

1.    Shared Parking Facilities. The amount of off-street parking required by the SMC 15.455.120 parking chart may be reduced by an amount determined by the Director when shared parking facilities for two (2) or more uses are designed and developed, or developed adjacent to an existing use, as one (1) common parking facility, provided:

a.    The amount of the reduction shall not exceed ten percent (10%) of each use.

b.    A covenant or other contract for shared parking between the cooperating property owners is approved by the Director. The covenant or contract cannot be amended without the consent of the Director.

c.    If any requirements for shared parking are violated, the affected property owners must provide a remedy satisfactory to the Director, or provide the full amount of required off-street parking for each use, within sixty (60) days of notification.

2.    Nonprofit Uses. Nonprofit uses adjacent to each other shall be allowed to share parking, regardless of zoning classification; provided, that:

a.    If the shared parking requires an expansion of the parking lot on the property receiving the additional parking, all permit requirements otherwise required for such expansion (such as a conditional use permit and environmental (SEPA) review) must be met.

b.    All requirements of SMC 15.455.150(A)(4) and (B)(1) through (5) are met.

c.    Temporary shared parking arrangements between nonprofit uses not exceeding three hundred sixty (360) days, shall meet all the requirements of SMC 15.455.110(D)(1) through (D)(2) and SMC 15.455.110(5)(b) through (5)(e).

C.    Joint Use of Driveways and Parking Areas for Day and Night Uses.

1.    The joint use of driveways and parking areas shall be encouraged to reduce overall parking needs. A convenient pedestrian connection must exist between the building facilities and/or properties to qualify as a joint use parking facility.

2.    As an incentive, the City will consider an overall reduction in the parking ratio of up to fifty percent (50%) of the minimum required for primary night-time uses such as theaters, bowling alleys, and restaurants when coordinated with a parking supply serving primarily daytime uses such as banks, offices, and retail stores.

D.    Small, Resident-Oriented Uses. The amount of off-street parking required by SMC 15.455.120, Parking Chart for Required Off-Street Spaces, may be reduced by the Director for uses meeting the definition of “small, resident-oriented uses” (see Chapter 15.105 SMC for definition), provided:

1.    The amount of the reduction shall not exceed fifty percent (50%) of each use.

2.    If a use changes to one not meeting the definition of “small, resident-oriented uses,” then the affected property owners shall provide the full amount of off-street parking required by SMC 15.455.120, Parking Chart for Required Off-Street Spaces, within sixty (60) days of such change in use. (Ord. 15-1018 § 1)

A.    Off-Street Parking Facilities. Off-street parking facilities shall not be located more than five hundred (500) feet from the building they are required to serve for all uses, except those specified below, and a marked pedestrian walkway shall be incorporated into the layout. Where parking facilities do not abut the building they serve, the required maximum distance shall be measured along the pedestrian walkways from the parking facility to the nearest building entrance.

1.    Assisted Living Facilities and Community Residential Facilities (CRFs). All senior citizen assisted housing facilities and CRFs shall have the parking facilities connected to the building they are required to serve.

2.    Residential Dwellings Except for Assisted Living Facilities and CRFs. For all other residential dwellings, the parking facilities shall not be located more than one hundred (100) feet from the building(s) they are required to serve.

3.    Religious Organizations and Hospitals. For all religious organizations and hospitals, the parking facilities shall not be located more than one hundred fifty (150) feet from the building they are required to serve.

B.    Parking Facilities Allowed Off-Site.

1.    Accessory Uses or Uses Up to Thirty Percent (30%) of Primary Use. The Director may authorize a portion of the required parking for an accessory use (or for up to thirty percent (30%) of the primary use) to be located on a site other than the subject property if:

a.    Adequate parking exists for the primary use on the property receiving the additional parking. For the purpose of this section, adequate parking is parking that conforms to current off-street parking requirements for the primary use on the property;

b.    Adequate pedestrian, van or shuttle connection between the sites exists;

c.    The sites are within one (1) mile of each other; and

d.    The site used for off-site parking is zoned to allow public/private parking as a permitted use.

2.    Off-Site Parking Criteria. Criteria to be used by the Director in authorizing off-site parking are:

a.    Off-site parking shall be accessed only by employees, not by the general public.

b.    The proposed connections between the sites are safe for pedestrians and vehicles.

c.    The proposed plan is compatible with adjacent uses.

d.    Off-site impacts are negligible or minimized.

e.    A contingency plan is submitted by the applicant and approved by the City that would provide for the parking to be developed on the subject property or established elsewhere if the off-site parking arrangement is no longer available.

f.    Legal documentation is required for the approved, off-site parking location and shall be recorded with the City of SeaTac City Clerk and the Department. Off-site parking may be removed only if alternative parking is provided in conformance with the code and such parking is approved by the Director. (Ord. 16-1007 § 3; Ord. 15-1018 § 1)

All properties shall conform to the following regulations, where applicable:

A.    Every nonresidential building engaged in retail, wholesale, manufacturing or storage activities, excluding self-service storage facilities, shall provide loading spaces in accordance with the standards listed below:

B.    Every hospital, auditorium, convention hall, exhibition hall, sports arena/stadium, or other similar uses shall provide loading spaces in accordance with the standards listed below:

C.    Every hotel, office building and restaurant shall provide a minimum of one (1) loading space; provided, any of these uses over fifty thousand (50,000) square feet shall provide two (2) loading spaces.

D.    Each loading space shall be a minimum of ten (10) feet wide, thirty (30) feet long, and have an unobstructed vertical clearance of fourteen (14) feet, six (6) inches. Loading spaces shall be located to prevent trucks from projecting into any public right-of-way, parking area, and parking aisle. All loading spaces shall be designated and located in the rear or side of the building and away from frontage roads. (Ord. 15-1018 § 1)

All required bicycle parking facilities shall be located within a structure sheltered from the weather and designed to secure the bicycles and limit access to the structure to authorized users. Bicycle storage requirements may be satisfied by group or individual storage areas. (Ord. 15-1018 § 1)

All properties shall conform to the parking design and construction standards in this section. Additional or superseding parking regulations may apply in the designated overlay districts and as required elsewhere in this title. (Ord. 15-1018 § 1)

A.    Angle Parking Spaces.

1.    Parking spaces parallel to the driveway or aisle serving them shall be a minimum of nine (9) feet wide and twenty-three (23) feet long. Driveways or aisles serving parallel spaces shall be a minimum of twelve (12) feet wide.

2.    Parking spaces, single or double striped, and oriented at an angle to the driveway or aisle serving them shall be consistent with the minimum dimensional requirements set forth by the following table, and further defined and illustrated in subsection (A)(5) of this section.

3.    For ninety (90) degree angle parking spaces, the drive aisle width (Column D above) may be reduced three (3) inches for each additional one (1) inch of parking stall width.

4.    In determining the length of an off-street parking stall, overhangs from a wheel stop may be included.

5.    When determining the minimum dimensional requirements for parking spaces oriented at an angle to the driveway or aisle serving them, the following figure shall be consulted.

Figure: OFF-STREET PARKING CONFIGURATION STANDARDS

B.    Parking Area Landscaping. All parking areas shall be landscaped as set forth in Chapter 15.445 SMC.

C.    Parking Area Lighting. Lighting of parking areas shall be designed to minimize direct illumination of abutting properties and adjacent streets. Lighting shall be provided for safety of traffic and pedestrian circulation on the site as required by the City of SeaTac Building Code and as required elsewhere in the SeaTac Municipal Code. (Ord. 15-1018 § 1)

Automobile access shall be consolidated with no more than one (1) driveway per one hundred fifty (150) linear feet of street frontage along principal arterials, and one hundred (100) linear feet on all other street frontages. (Ord. 15-1018 § 1)

A.    Tandem Parking for Vehicle Rental and Sales Uses. Tandem parking for vehicle parking or for vehicle rental and sales uses may be allowed; provided, that the area utilized for tandem parking conforms with the parking lot landscaping requirements of SMC 15.445.250, Surface Parking Landscaping. Tandem parking spaces shall not be allowed for employee or customer parking.

1.    Aisle widths shall be a minimum of eight (8) feet, six (6) inches.

B.    Tandem Parking for Commercial Uses Other than Vehicle Parking or Vehicle Rental and Sales Uses. Tandem spaces for commercial uses other than vehicle parking or auto rental/sales may be allowed through the use of valet parking, upon approval of a valet parking plan, by the Director. The area shall conform with the parking lot landscaping requirements of SMC 15.445.250, Surface Parking Landscaping. Aisle widths shall be a minimum of eight (8) feet, six (6) inches.

1.    Valet parking is allowed on or off site. No valet parking shall be allowed on public rights-of-way.

2.    At a minimum, the valet parking plan shall include, but not be limited to:

a.    A site plan showing the location of the valet parking on the property;

b.    The hours of operations;

c.    A detailed description of the valet parking system’s operation; including:

i.    Methods to control noise;

ii.    Methods to control glare from impacting adjacent properties; and

iii.    Methods to eliminate any impacts on adjacent or nearby residential neighborhoods;

d.    The name, address and phone number of the operator of the valet parking. (Ord. 15-1018 § 1)

A stacking space shall be an area measuring eight (8) feet by twenty (20) feet with direct forward access to a service window of a drive-through facility.

A.    A stacking space shall be located to prevent any vehicles from extending onto the public right-of-way, or interfering with any pedestrian circulation, traffic maneuvering, or other required parking areas.

B.    Stacking spaces for drive-through or drive-in uses (short-term auto service uses) may not be counted as required off-street parking spaces.

Figure: STACKING SPACE REQUIREMENTS FOR TYPICAL DRIVE-THROUGH

(Ord. 15-1018 § 1)

A.    Surfacing Requirements. Off-street parking areas and all lots used for the storage of automobiles, trucks, truck trailers, shipping containers, recreational vehicles, construction equipment, farm equipment and all related equipment and/or appurtenances to such equipment, shall be paved with an all-weather surface (concrete, asphalt, or permeable pavement) unless otherwise approved by the Public Works Department. Typical approved cross-section is illustrated below; contact the Department of Public Works for current standards.

Figure: MINIMUM SURFACING REQUIREMENTS FOR OFF-STREET PARKING

B.    Asphalt-Surfaced Parking Areas. Asphalt-surfaced parking areas shall have parking spaces marked by surface paint lines or a suitable substitute traffic marking material in accordance with the Washington State Department of Transportation Standards.

1.    Wheel Stops. Wheel stops are required where a parked vehicle would encroach upon adjacent property, pedestrian access, circulation areas or landscaping areas. Typically approved markings and wheel stop locations are illustrated below.

2.    Vehicle Overhangs. A vehicle overhang may be allowed into the landscaped area; provided the area of the vehicle overhang is not counted towards required landscaping.

Figure: STALL MARKINGS AND WHEEL STOP LOCATIONS

(Ord. 16-1022 § 1 (Exh. C); Ord. 15-1018 § 1)

All properties shall conform to the surface parking requirements in this section. Additional or superseding parking regulations may apply in the designated overlay districts, and as required elsewhere in this title.

A.    Pedestrian Circulation Through Surface Parking Lots.

1.    Surface parking lots containing one hundred (100) parking spaces or more, or with more than three (3) vehicular circulation lanes, shall provide pedestrian walkways through the parking lot.

2.    Pedestrian Walkway Location.

a.    For parking rows perpendicular to the principal building facade, pedestrian ways shall be located between two (2) rows of parking spaces at a minimum of one (1) pedestrian way every two hundred (200) feet. The pedestrian walkway(s) shall be located to provide access from the maximum number of spaces to the entrances of the building.

b.    For parking rows parallel to the principal building facade, pedestrian ways shall be incorporated adjacent to a series of aligned landscape islands at a minimum of one (1) walkway every twenty-one (21) parking spaces. The pedestrian walkway shall be located to provide access from the maximum number of spaces to the entrances of the building. Landscape island siting and design may be modified to accommodate LID BMPs.

3.    Pedestrian Walkway Design.

a.    Pedestrian walkways shall be raised, may be covered, and shall be a minimum of three (3) feet in width, separated from vehicular travel lanes to the maximum extent possible and designed to provide safe access to nonstreetfront building entrances or existing pedestrian ways.

i.    Vehicle Overhangs. The three (3) foot width shall not include any vehicle overhangs.

ii.    Wheel Stops. Wheel stops shall be installed in parking spaces adjacent to all pedestrian walkways.

b.    The pedestrian walkways shall be clearly distinguished from traffic circulation, and particularly where vehicular and pedestrian routes intersect.

c.    Sidewalks or walkways which cross vehicular aisles or driveways shall be distinguished as follows (see Figure: PEDESTRIAN CIRCULATION):

i.    By a continuous raised crossing; or

ii.    By using contrasting paving material such as permeable pavement.

Figure: PEDESTRIAN CIRCULATION

4.    Modifications. The preceding standards may be modified by the Director if the proponent can demonstrate that some other form of pedestrian circulation would be suitable for the site and would provide equivalent pedestrian safety. (Ord. 16-1022 § 1 (Exh. C); Ord. 15-1018 § 1)

The following parking structure design standards shall apply to all parking structures except where standards in other chapters of this title supersede these provisions. Additional design standards may also be applicable, including those delineated for projects within the designated overlay districts and for multi-family projects. (Ord. 15-1018 § 1)

A.    Parking Decks. Parking decks should be flat where feasible. At a minimum, a majority of both the ground floor and top parking decks shall be required to be flat, as opposed to continuously ramping (see Figure: PARKING DECK).

B.    External Elevator Towers and Stairwells. External elevator towers and stairwells shall be open to public view, or enclosed with transparent glazing.

C.    Parking Structure Lighting. Lighting shall meet the requirements of Chapter 17.28 SMC, Parking Structures.

D.    Parking Structure Top Floor Wall Designs. Parking structure top floor wall designs must conform to one (1) or more of the following options:

1.    Top Floor Wall with Architectural Focal Point. A top floor wall focal point refers to a prominent wall edge feature such as a glazed elevator and/or stair tower, or top floor line trellis structure.

Figure: PARKING DECK

2.    Top Floor Wall Line Variation.

a.    Projecting Cornice. Top floor wall line articulated through a variation or step in cornice height or detail. Cornices must be located at or near the top of the wall or parapet.

b.    Articulated Parapet. Top floor wall line parapets shall incorporate angled, curved or stepped detail elements.

E.    Appearance. Parking structures with building facades facing or visible from the public right-of-way (ROW) shall use one (1) or a combination of the following design features:

1.    The facade shall have the appearance of an office building or hotel use.

2.    Design features that would mask the building as a parking structure.

Proposed design features shall be approved by the Director.

F.    Parking Structure Character and Massing. Parking structure facades over one hundred fifty (150) feet in length shall incorporate vertical and/or horizontal variations in setback, material or fenestration design along the length of the applicable facade, in at least one (1) or more of the following ways:

1.    Vertical Facade Changes. Incorporation of intervals of architectural variation at least every eighty (80) feet over the length of the applicable facade (see Figure: VERTICAL FACADE CHANGES), such as:

a.    Varying the arrangement, proportioning and/or design of garage floor openings;

b.    Incorporating changes in architectural materials; and/or

c.    Projecting forward or recessing back portions or elements of the parking structure facade.

Figure: VERTICAL FACADE CHANGES

2.    Horizontal Facade Changes. Designed differentiation of the ground floor from upper floors, such as:

a.    Stepping back the upper floors from the ground floor parking structure facade;

b.    Changing materials between the parking structure base and upper floors; and/or

c.    Including a continuous cornice line or pedestrian weather protection element between the ground floor and upper floors.

G.    Minimizing Views Into the Parking Structure Interior. Facades of parking structures shall be designed without continuous horizontal parking floor openings.

1.    For portions of parking structures without a pedestrian level retail/commercial use, a five (5) foot wide building facade landscaping strip (Type V landscaping) is required.

2.    Any portion of a parking structure ground floor with exposed parking areas adjacent to a public street shall minimize views into the parking structure interior through one (1) or more of the following methods which are in addition to the above facade landscaping strip:

a.    Decorative trellis work and/or screening as architectural elements on the parking structure facade, without compromising the open parking structure requirements of the Building Code (see example, Parking Structure Screening figure); and/or

b.    Glass window display cases incorporated into pedestrian walls built between two (2) structural pillars. Glass window display cases shall be at least two (2) feet deep, begin twelve (12) to thirty (30) inches above the finished grade of the sidewalk, and cover at least sixty percent (60%) of the area between two (2) pillars.

The trellis work or window display cases may be waived if the proponent can demonstrate some other method to minimize views into the parking structure. Alternate methods shall be approved by the Director.

Figure: PARKING STRUCTURE SCREENING

3.    Upon conversion of portions of a parking structure to a pedestrian retail/commercial use, the Director may approve the removal of initially installed pedestrian screening material in order to allow maximum visibility and access to the converted portions of the parking structure.

4.    In addition to the above, views into the upper floors of parking structures shall be minimized through one (1) or more of the following methods:

a.    The use of planters integrated into the upper floors of parking structure facade design (see example, Figure: PARKING STRUCTURE FACADE);

b.    Decorative trellis work and/or screening as architectural elements on the parking structure upper floor facades; and/or

c.    Upper parking floors designed as a pattern of window-like openings on the parking structure facade (Figure: PARKING STRUCTURE SCREENING and Figure: PARKING STRUCTURE FACADE).

Figure: PARKING STRUCTURE FACADE

H.    Parking Floors Located Under or Within Buildings.

1.    Parking located under or within buildings shall subordinate the garage entrance to the pedestrian entrance in terms of prominence on the street, location and design emphasis (see example, Parking Garage Entrance figure).

Figure: PARKING GARAGE ENTRANCE

2.    Parking at grade under a building shall be completely or wholly screened through any combination of walls, decorative grilles, or trellis work with landscaping (see example, Screening Parking at Grade figure).

Figure: SCREENING PARKING AT GRADE

(Ord. 16-1022 § 1 (Exh. C); Ord. 15-1018 § 1)

A.    Parking structures shall be designed so that an area equaling a minimum of fifty percent (50%) of the length of the exterior ground floor facade(s), excluding vehicle entrances and exits, is either built out as, or convertible to, retail/commercial or service uses. The proposed location of the commercial area shall be approved by the Director.

1.    Minimum Depth. The applicable floor area shall extend in depth a minimum of twenty (20) feet from the exterior parking structure facade; provided, that the minimum required may be averaged, with no depth less than fifteen (15) feet.

2.    Minimum Clear Ceiling Height. The minimum clear interior ceiling height standard of the retail/commercial or service use portion of parking structures shall be ten (10) feet.

3.    Sprinkler Systems. Parking structure ground floors shall include fire suppressing sprinkler systems at the time of construction even if not required by the Building and Fire Codes, as adopted by the City, as to the remainder of the structure.

B.    At the time of construction, a minimum of one thousand (1,000) square feet of leasable retail/commercial or service space shall be constructed and made available for occupancy. The location of this space shall be approved by the Director. The remainder of the area necessary to fulfill the minimum retail/commercial or service use requirement not included at the time of construction shall employ window display cases which shall be designed as follows (see Location and Design of Ground Floor Uses in Parking Structures figures):

1.    Glass window display cases shall be incorporated into ground floor walls and shall be built between two structural pillars. Glass window display cases shall be at least two (2) feet deep, begin twelve (12) to thirty (30) inches above the finished grade of the sidewalk, and cover at least sixty percent (60%) of the area between two (2) pillars.

Figure: LOCATION AND DESIGN OF GROUND FLOOR USES IN PARKING STRUCTURES

C.    Parking structures with ground floor retail/commercial or service uses will be granted an additional parking allowance as follows:

1.    The number of parking spaces displaced by the portion of the parking structure ground floor designed for retail/commercial or service uses may be added to the maximum number of allowed parking spaces established for on-site land uses. (Ord. 15-1018 § 1)

In addition to the applicable parking requirements within this chapter, the following maximum off-street parking standards shall apply within the residential low zone (RL). These standards shall be applicable to new and existing driveways and parking areas.

A.    Approved Surfaces. All motor vehicles, trailers, boats and RVs must be parked on one (1) of the approved surfaces listed below:

1.    Concrete (four (4) inch Portland cement concrete over compact native soils); or

2.    Blacktop (two (2) inch asphalt concrete pavement over gravel section as described under subsection (A)(3) of this section); or

3.    Two (2) inches of 5/8 minus compacted rock provided mud or other fine material that does not work its way to the surface of the rock. Alternate sized minus compacted rock may be used upon approval by the City; or

4.    Permeable pavement such as pervious concrete, permeable pavers, or porous asphalt designed in accordance with the Surface Water Design Manual; or

5.    Any other configuration of materials, approved by the City, that maintains a durable uniform surface.

B.    Off-Street Parking Surface Maximums.

1.    Off-street parking surfaces outside of structures on a lot may cover a maximum of one thousand two hundred (1,200) square feet or ten percent (10%) of the lot area, whichever is greater.

2.    Front Yard Maximum for Driveway/Off-Street Parking Surface. No more than fifty percent (50%) of the front yard can be driveway or off-street parking surface. For the purposes of this section, the front yard shall be the area between the right-of-way and the portion of the house frontage that is farthest from the right-of-way. The width of the front yard shall extend to each side property line.

C.    Off-Street Parking and Side/Rear Yard Setbacks. Off-street parking is allowed in a side yard setback and within five (5) feet of a rear yard property line.

D.    Circular Driveways.

1.    For circular driveways the minimum width of the apex of the landscape area between the front property line and circular drive shall be five (5) feet, perpendicular to the front property line. Any portion of the front yard not constructed as driveway or parking surface shall be landscaped. (See Figure: CIRCULAR DRIVEWAYS.)

2.    Any new circular driveway connection to the public right-of-way shall meet the requirements of Chapter 11.10 SMC, Right-of-Way Use Code, and Chapter 11.05 SMC, Road Standards.

Figure: CIRCULAR DRIVEWAYS

E.    Existing Nonconforming Circular Driveways.

1.    Driveway Surface Composed of Gravel. The driveway surface of an existing nonconforming circular driveway composed of gravel may be upgraded to a higher quality surface (either asphalt, concrete, or permeable pavement in accordance with subsection (A) of this section); provided, that the location and size of the circular driveway does not change and any connections to the public right-of-way conform with Chapter 11.10 SMC, Right-of-Way Use Code.

2.    Driveway Surface Composed of Sod or Grass. The driveway surface of an existing nonconforming circular driveway composed of sod or grass shall be upgraded to a higher quality surface (gravel, asphalt or concrete); provided, that the location and size of the circular driveway does not change and any connections to the public right-of-way meet all adopted right-of-way use codes pursuant to Chapter 11.10 SMC.

F.    Unique Front Yard Configurations. Other unique front yard configurations may be allowed subject to approval by the Director. The remainder of the front yard not used for parking shall be landscaped. For the purpose of this section, landscaping shall either be one (1), or a combination of, the following:

1.    Grass or sod;

2.    Trees;

3.    Groundcover; and

4.    Shrubs.

G.    Two (2) Track Driveways. Two (2) track driveways (or ribbon driveways) are permitted and consist of two (2) parallel strips of approved paving materials (per subsection (A) of this section) with an open, unpaved space between the two (2) paved strips that is planted with grass or other groundcover, or filled with landscaping rocks or gravel. (Ord. 24-1022 § 5 (Exh. C); Ord. 21-1008 § 18; Ord. 18-1001 § 11; Ord. 16-1022 § 1 (Exh. C); Ord. 15-1018 § 1)

The purpose of this chapter is to establish general limits on noise, glare, and other forms of pollution, which are hazardous and/or disruptive to the citizens of the City of SeaTac. (Ord. 15-1018 § 1)

The following performance standards specifically govern industrial, manufacturing, processing, assembly and similar type uses typically found within industrial zones. These standards may also apply to other uses and activities in other zones, which are not otherwise governed by other regulations of this code. (Ord. 15-1018 § 1)

A.    The noise emanating from the premises of industrial activities shall be muffled so as not to contribute to existing background noise, or become objectionable to adjacent residential property owners due to intermittent beat, frequency or shrillness, and shall not exceed those standards as determined by the Washington Administrative Code as amended.

B.    Unusual noises, aside from the normal associated noises of the SeaTac Airport related to aircraft operations, emanating from the premises of residential or commercial use shall be muffled so as not to contribute to existing background noise, or become objectionable due to intermittent beat, frequency or shrillness, and shall not exceed those standards as determined by the Washington Administrative Code as amended.

C.    Due to the proximity of the airport facilities, residential construction shall have sound attenuated or limited as consistent with adopted Port of Seattle/FAA noise remedy programs within significant LDN contours. (Ord. 15-1018 § 1)

Exterior lighting shall not be used in such a manner that it produces glare on public streets and neighboring property. This restriction also applies to any other nonresidential zone or use adjacent to residential low density zones. Arc welding, acetylene torch cutting or similar processes shall be performed so as to be shielded from any adjacent properties or public roads. The glare of the torch shall not extend beyond the property line of the use (residential, commercial or industrial) creating the glare. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

In terms of fire and safety hazards, the storage and handling of flammable liquids, combustible liquids, liquefied petroleum gases and explosives shall comply with rules and regulations falling under the jurisdiction of the City of SeaTac, State of Washington and Federal agencies.

Any of the above-referenced tanks shall be located no closer to the property line than the greatest dimension (diameter, length or height) of the tank. (Ord. 15-1018 § 1)

Provisions must be made for necessary shielding or other preventive measures against the interference occasioned by mechanical, electrical or nuclear equipment uses or processes with electrical apparatus in nearby buildings or land uses. (Ord. 15-1018 § 1)

The emission of odorous gases or matter in such quantities as to be readily detectable without special instruments is prohibited at any point beyond the property line of the use creating the odor. (Ord. 15-1018 § 1)

No emissions shall exceed the allowances set forth by the Environmental Protection Agency, the Washington State Department of Ecology and/or the Puget Sound Air Pollution Control Agency. (Ord. 15-1018 § 1)

No observable fugitive dust, dirt, flyaway ash or other airborne solids shall be emitted from completed development, without adequate mitigation measures to prevent such situations. (Ord. 15-1018 § 1)

Storage of animal or vegetable wastes which attract insects or rodents creates a health hazard, and shall be prohibited. No waste products shall be exposed to view, from eye level, beyond the property line of the use storing the waste. (Ord. 15-1018 § 1)

No emissions of toxic gases or matter shall be permitted. (Ord. 15-1018 § 1)

Vibration which is easily discernible without special instruments at any point beyond the property line is prohibited. This shall not apply to vibration caused by highway vehicles, trains, aircraft or intermittent construction activities. (Ord. 15-1018 § 1)

The purpose of this chapter is to delineate regulations that apply to the following residential uses: accessory dwelling units, accommodation of persons with disabilities, bed and breakfasts, short-term rentals, supportive housing facilities, community residential facilities, home occupations and mobile homes, manufactured homes and mobile home parks. (Ord. 22-1002 § 3; Ord. 21-1031 § 8; Ord. 15-1018 § 1)

The provisions of this chapter shall apply to the following residential uses: accessory dwelling units, accommodation of persons with disabilities, bed and breakfasts, short-term rentals, supportive housing, community residential facilities, home occupations and mobile homes, manufactured homes and mobile home parks. (Ord. 22-1002 § 4; Ord. 21-1031 § 9; Ord. 15-1018 § 1)

A.    Purpose. The purpose of this section is to allow for and regulate the establishment of accessory dwelling units (ADUs) on all lots in zoning districts that allow for detached dwelling units while preserving the character and property values of residential low density neighborhoods. The purposes of accessory dwelling unit provisions are to:

1.    Fully utilize residential housing supply in existing neighborhoods while preserving neighborhood character.

2.    Improve cost efficiency of existing infrastructure.

3.    Provide additional options for rental housing within a wide range of prices.

4.    Increase opportunities for home ownership and allow older homeowners to remain in their homes and obtain extra income, companionship, and security.

B.    General Regulations.

1.    Registration.

a.    An approved ADU shall be registered with the City of SeaTac, the registration certificate shall be recorded and filed as a deed restriction with the King County Recorder, and a certificate of occupancy shall be issued by the SeaTac Building Official.

b.    Owners of legal ADUs, created prior to the adoption of this chapter under the requirements set forth in SMC 15.205.040, shall register their unit.

c.    Unless otherwise approved by the Director, ADU registration shall be cancelled as a result of an enforcement action due to violations of the municipal code.

C.    General Standards and Criteria.

1.    General.

a.    ADUs Per Lot. Within urban growth area, a maximum of two (2) ADUs are allowed on all lots in zoning districts that allow for detached dwelling units. Any ADUs count towards the maximum number of residential units allowed on a lot per SMC 15.400.100. The ADUs may be:

i.    Two (2) attached ADUs such as unit in a basement, attic, or garage;

ii.    One (1) attached ADU and one (1) detached ADU; or

iii.    Two (2) detached ADUs, which may be comprised of either one (1) or two (2) detached structures.

iv.    A conversion of an existing structure, such as a detached garage.

b.    Subdivision. Detached and attached ADUs may be segregated in ownership from the principal unit by utilizing unit lot subdivision or by conveying a condominium unit independently of a principal unit.

c.    Conversion. ADUs may be converted from existing structures, including but not limited to detached garages, even if they violate current code requirements for setbacks or lot coverage. All other projects must comply with current zoning regulations.

2.    An existing ADU that was created without required permits will require applications for construction permits for any altered building elements. Such applications will be reviewed for conformance to codes in effect at the time of application.

D.    Building Setbacks. ADUs shall conform to the setback requirements for the principal unit, except if the rear lot line is adjacent to an alley, in which case the detached ADU may be located at that lot line.

E.    Size.

1.    Detached ADU.

a.    Minimum: two hundred twenty (220) square feet (not including bathrooms and closets).

b.    Maximum: one thousand (1,000) square feet (including bathrooms and closets).

2.    Attached ADU.

a.    Minimum: two hundred twenty (220) square feet (not including bathrooms and closets).

b.    Maximum: one thousand (1,000) square feet (including bathrooms and closets).

i.    The maximum floor area does not apply when the basement of a principal unit is converted to an attached ADU, and the principal unit has been on the site for at least five (5) years.

3.    When Combined With Accessory Structure.

a.    Size for ADU: maximum of one thousand (1,000) square feet.

i.    If attached to a garage, the garage would not count toward the size limit for the ADU. Accessory structures are regulated under Chapter 15.405 SMC.

b.    Size for accessory structure: maximum of one thousand (1,000) square feet.

F.    Height.

1.    Thirty (30) feet in height.

2.    When combined with accessory structure: thirty (30) feet in height (to the highest point of the structure that contains the ADU).

G.    Design.

1.    Entrances. A separate entrance for the ADU is necessary.

H.    Parking.

1.    Minimum. The parking requirements are based on the location of lots as follows:

a.    Within one (1) mile radius of SeaTac International Airport:

i.    One (1) off-street parking space is required for an ADU, in addition to the spaces required for the principal unit.

ii.    A second space is required for ADUs over six hundred (600) square feet.

b.    Within one-half (1/2) mile radius of the major transit stops and beyond one (1) mile radius of SeaTac International Airport:

i.    No off-street parking is required for ADUs.

c.    Beyond one-half (1/2) mile radius of the major transit stops and beyond one (1) mile radius of SeaTac International Airport:

i.    One (1) off-street parking space is required for an ADU, in addition to the spaces required for the principal unit.

ii.    For lots larger than six thousand (6,000) square feet, one (1) off-street parking space is required for an ADU, in addition to the spaces required for the principal unit. A second space is required for ADUs over six hundred (600) square feet.

d.    Waiver. A waiver of the requirement for the parking space(s) may be granted by the Director if topography of the site or existing structure location make its provision physically or economically infeasible and it is demonstrated that on-street parking is available.

2.    Major Transit Stop. For the purposes of this section, “major transit stop” shall be defined as follows:

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

b.    Commuter rail stops;

c.    Stops on rail or fixed guideway systems, including transitways;

d.    Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or

e.    Stops for a bus or other transit mode providing actual fixed route service at intervals of at least fifteen (15) minutes for at least five (5) hours during the peak hours of operation on weekdays.

I.    Home Occupations. Home occupations may be allowed in either the principal unit or the accessory unit, subject to the applicable provisions of the SeaTac Municipal Code. Special home occupation permits (SHOPs) shall not be granted for accessory dwelling units. (Ord. 25-1008 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

A.    Purpose. The City recognizes the need to make reasonable exceptions to its Zoning Code, if requested, to accommodate the special needs of persons with disabilities.

B.    Application. Such exceptions may include:

1.    Reducing setback requirements to retrofit a house with handicap accessible facilities;

2.    Other modifications to the Zoning Code necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling; provided such modification does not reduce public safety nor keep the intent of the code from being met.

C.    Authority. Exceptions from code requirements are made pursuant to the requirements of the Federal Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(B); and Washington Law Against Discrimination, Chapter 29.60 RCW for persons with disabilities as defined by Federal law in 42 U.S.C. 3602(h). See Chapter 15.105 SMC, Definitions, for the definition of disability.

D.    Accommodation Procedure.

1.    Request for Accommodation. Any person claiming to have a disability, or someone acting on his or her behalf, who wishes to be excused from an otherwise applicable requirement of this Zoning Code must provide the Director with verifiable documentation of the disability and need for accommodation.

2.    Decision Process.

a.    Director Authority. If disability and need for accommodation are demonstrated, the Director, in consultation with the City Attorney, is hereby authorized to vary, modify, or waive the provisions of the Zoning Code, in order to provide reasonable accommodation necessary to afford a disabled person the opportunity to use a dwelling.

b.    Prompt Action. The Director shall act promptly on the request for accommodation.

c.    No Fee. The Director shall not charge a fee for responding to such request.

d.    Appeal. The Director’s decision shall constitute final action by the City on the request for accommodation.

3.    Decision Criteria.

a.    Reasonable Response. The City’s duty to accommodate is an affirmative one, and the Director is thereby authorized to provide accommodations in a thoughtful and reasonable manner.

b.    No Loss of Code Purpose or Safety. No reasonable accommodation shall be provided to any chapter of the Zoning Code, or other code adopted pursuant thereto, which does not substantially accomplish the purposes of that chapter or which would reduce the public safety.

c.    Burden of Proof on Applicant. The applicant shall have the burden of establishing that the proposed modification, waiver, or variance accomplishes substantially the same purpose without reduction of safety.

d.    Minimum Accommodation Needed. The accommodation shall be the minimum necessary to grant relief to the applicant.

4.    Procedure Upon Change of Use.

a.    Accommodation Personal Unless Similar Use Reestablished within Six (6) Months. The accommodation provided shall be personal to the applicant and shall not run with the land; provided, however, that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site which establish the same use within six (6) months of the date the prior use by disabled persons or residential care provider ceases.

b.    Structure May Be Required to Be Brought Back Into Compliance. The Director may direct that any physical change in the structure which would otherwise be illegal under the Zoning Code, or other section of the SeaTac Municipal Code, be brought into compliance six (6) months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) and the Washington Law Against Discrimination (WLAD). (Ord. 25-1008 § 1 (Exh. A); Ord. 15-1018 § 1)

A.    Application. The provisions of this section shall apply to all bed and breakfast uses as defined in Chapter 15.105 SMC, Definitions.

B.    Bed and Breakfast Requirements.

1.    Number of Guests. Number of guests limited to six (6), with no more than three (3) bedrooms;

2.    Parking. Parking area for three (3) nonresident vehicles;

3.    Health Department Approval. Proof of King County Health Department approval;

4.    Meals Served. Breakfast is only meal served for paying guest. (Ord. 22-1002 § 5; Ord. 15-1018 § 1)

A.    Purpose and Applicability.

1.    This section is intended to establish standards for the operation of dwelling units used as short-term rentals for the purposes of ensuring neighborhood compatibility, and safety for short-term rental guests and the broader community.

2.    This section applies to uses meeting the definition of “short-term rental” found in SMC 15.105.190.

3.    Provisions of this section apply to short-term rentals in which the entire dwelling unit is rented, as well as individual room rentals meeting the definition of a short-term rental.

B.    Definitions. In addition to the definitions in Chapter 15.105 SMC, the following definitions apply to this section; for any term defined in this section that is also defined in this title, the definitions in this section shall take precedence. Definitions in this section do not apply to other sections or chapters of the SeaTac Municipal Code. Any terms listed in RCW 64.37.010 not listed below are incorporated herein.

1.    “Contact” means the operator or the operator’s representative who is the point of contact for any short-term rental guest for the duration of the guest’s stay in the short-term rental.

2.    “Dwelling unit” means a residential dwelling of any type, including a detached dwelling unit, apartment, condominium, cooperative unit, or room, in which a person may obtain living accommodations for less than thirty (30) days, but not including duly licensed bed and breakfast, inn, hotel, motel, or timeshare property.

3.    “Guest” means any person or persons renting a short-term rental unit.

4.    “Operator” means any person who receives payment for owning or operating a dwelling unit, or portion thereof, as a short-term rental unit.

5.    “Owner” means any person who, alone or with others, has title or interest in any building, property, dwelling unit, or portion thereof, with or without accompanying actual possession thereof, and including any person who as agent, executor, administrator, trustee, or guardian of an estate has charge, care, or control of any building, dwelling unit, or portion thereof. A person whose sole interest in any building, dwelling unit, or portion thereof is solely that of a lessee under a lease agreement is not considered an owner.

6.    “Short-term rental advertisement” means any method of soliciting use of a dwelling unit for short-term rental purposes.

C.    Short-Term Rental Requirements.

1.    General.

a.    All short-term rentals shall comply with all sections of Chapter 64.37 RCW.

b.    Violation of requirements in this section may result in the suspension or revocation of the short-term rental permit and/or business license endorsement.

c.    No short-term rental is allowed in any dwelling unit to which any income restrictions are in effect under any local, state, or federal authority.

d.    Any property receiving a multi-family tax exemption is not eligible for any of its units to be used as short-term rentals.

e.    The City of SeaTac is not responsible for compliance with any home owner’s association (HOA), condo ownership group, or rental agreement restrictions that may exist regarding short-term rentals. It is the responsibility of the applicant to review for compliance with any superseding regulations, and receive approvals from any bodies as needed prior to submitting materials to the City of SeaTac for review.

f.    Short-term rental operators must remit all applicable local, state, and federal taxes unless completed through the hosting platform, RCW 64.37.020.

g.    A short-term rental operator must maintain primary liability insurance meeting the requirements of RCW 64.37.050.

2.    Occupancy and Licensing.

a.    No more than two (2) persons per bedroom over the age of two (2) years old per bedroom rented, or ten (10) persons per rental, whichever is less, are permitted. Studio apartments are considered a single bedroom for the purposes of this section.

b.    All short-term rentals are required to maintain an active Washington State business license with City of SeaTac endorsement.

c.    All short-term rentals are required to maintain an active City of SeaTac permit for operating a short-term rental.

d.    All short-term rental advertisements shall represent the property in a manner which complies with all City of SeaTac and state regulations.

3.    Operation.

a.    The following information shall be posted in a conspicuous place within each dwelling unit, or bedroom, used as a short-term rental:

i.    The short-term rental street address;

ii.    The emergency contact information for summoning police, fire, and emergency medical services;

iii.    The floor plan indicating fire exits and escape routes;

iv.    The maximum occupancy limits;

v.    The contact information for the operator or designated contact;

vi.    A copy of the City of SeaTac Good Neighbor Guidelines; and

vii.    A copy of an active business license for the short-term rental, with City of SeaTac endorsement.

b.    The contact for the site shall reside within thirty (30) miles of the site address, and shall generally be able to reach the address of the short-term rental within one (1) hour of departure from their residence. It is the responsibility of the operator to update any changes to the site contact in materials provided to the guests, and to the City of SeaTac, prior to any subsequent rentals.

c.    All short-term rentals must be in compliance with RCW 19.27.530, Carbon monoxide alarms – Requirements – Exemptions – Adoption of rules.

4.    Ownership Limitations.

a.    The percentage of total short-term rentals not occupied by the owner or a long-term tenant for at least six (6) months out of a year shall not exceed three percent (3%) of total dwelling units within the City of SeaTac. Once this limit has been reached, no new non-owner/long-term tenant occupied short-term rental permits will be accepted until such time that total Citywide dwelling units increase, or other non-owner/long-term tenant occupied short term rental units cease operation.

b.    No short-term rental operator is permitted to own, operate, or have any interest in more than two (2) short-term rental units they are not occupying.

c.    Short-term rental owners and operators shown to own or operate more than one (1) non-owner occupied dwelling unit prior to the adoption of the ordinance codified in this section are eligible to continue use of these short-term rentals, provided they are legally permitted and remain in good standing. Expiration, or revocation of the associated business license or permit will result in the loss of vesting for this use. (Ord. 25-1008 § 1 (Exh. A); Ord. 22-1002 § 6)

A.    Purpose and Applicability.

1.    The purpose of this section is to establish reasonable standards for the safe operation and appropriate siting of supportive housing facilities within the City of SeaTac, so as to protect public health and safety for both facility residents and the broader community. This section does not include regulations for community residential facilities regulated by SMC 15.465.400, outdoor encampments regulated by SMC 15.475.050, and accessory religious use facilities.

As defined in Chapter 15.105 SMC, “supportive housing facilities” includes emergency housing, emergency shelters, permanent supportive housing, and transitional housing in buildings or other permanent structures.

2.    Supportive housing facilities are allowed in all residential districts, provided they are of a similar scale as surrounding development. As the needs of residents increase and/or the size of the facilities increase, such facilities should be located within areas of the City that allow increasing intensity of use and are in proximity of services in accordance with State law.

B.    Performance Standards.

1.    General Requirements for All Supportive Housing Facilities (“Facilities”).

a.    General.

i.    When a site includes more than one (1) type of supportive housing facility, the more restrictive requirements of this section shall apply.

ii.    Specific needs of each facility will be reviewed through the site plan review process in SMC 15.115.055. The decision maker may relax one (1) or more of the standards in this subsection, only when the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe facility with minimal negative impact to the host community under the specific circumstances of the application. In considering whether the modification should be granted, the decision maker shall first consider the effects on the health and safety of facility residents and the neighboring communities. Modifications will not be granted if the adverse impact on residents of the facility and/or neighboring communities will be greater than without such modification. The burden of proof is on the applicant.

iii.    All supportive housing facilities must comply with the provisions of the Building and Construction Code under SMC Title 13 and are subject to the provisions of crime prevention through environmental design (CPTED) under SMC Title 17.

b.    Site and Transit.

i.    If provided, exterior lighting must comply with Chapter 17.20 SMC and SMC 15.510.150 and be directed downward, and glare must be contained within the facility site to limit the impact on neighboring properties.

ii.    A description of transit, pedestrian, and bicycle access from the subject site to services must be provided at time of application by the sponsor and/or managing agency.

c.    Facility Operations.

i.    The sponsor or managing agency shall comply with all Federal, State, and local laws and regulations, including King County Department of Health regulations. The sponsor or managing agency shall be subject to inspections by local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period.

ii.    Service providers must exercise reasonable and appropriate on-site supervision of facilities and program participants at all times, unless it can be demonstrated through the operations plan that this level of supervision is not warranted for the population being housed.

iii.    The sponsor or managing agency must provide an operation plan at the time of the application that adequately addresses the following elements:

(A)    Name and contact information for key staff;

(B)    Roles and responsibilities of key staff;

(C)    Site/facility management, including security policies and an emergency management plan;

(D)    Site/facility maintenance;

(E)    Occupancy policies, including resident responsibilities and a code of conduct that address, at a minimum, the use or sale of alcohol and illegal drugs, threatening or unsafe behavior, and weapon possession;

(F)    Provision for human and social services, including staffing plan, credentials or certification, and outcome measures;

(G)    Outreach with surrounding property owners and residents and ongoing good neighbor policy; and

(H)    Procedures for maintaining accurate and complete records.

iv.    Sponsors or managing agencies shall demonstrate applicable experience providing similar services to people experiencing homelessness.

v.    Sponsors or managing agencies shall demonstrate a stable funding source for the facility and any on-site or off-site human and social services offered as part of the operations plan.

vi.    Managing agencies and the SeaTac Police Department (SPD) shall establish reasonable requirements for appropriate access and coordination for the subject facility and its residents.

2.    Additional Requirements for Emergency Housing and Emergency Shelters. In addition to the requirements under subsection (B)(1) of this section, emergency housing and emergency shelters are required to comply with the following:

a.    Facility Standards.

i.    Facilities shall not be located closer than eight hundred eighty (880) feet to an elementary-middle school, high school, public park, library, community center, or other emergency housing or emergency shelter facility. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility or school and the closest property line of the proposed facility.

ii.    In residential zones, no more than one (1) adult bed per two hundred fifty (250) square feet of floor area is allowed per facility, up to eighty (80) residents. For the purposes of this section the following zones are considered residential zones: RL, RM, URM, URH, URH-MU, NVM, NVH, UVM, UVH, MHP.

iii.    In all other zones, no more than one (1) adult bed per thirty-five (35) square feet of floor area is allowed per facility, up to eighty (80) residents.

b.    Facility Operations.

i.    In residential zones, and in order to maintain the residential nature of the facility, residents must be screened off site by providers of housing and services for people experiencing homelessness.

ii.    Trash receptacles must be provided in multiple locations throughout the facility and site. A regular trash patrol in the immediate vicinity of the site must be provided.

iii.    Residents and staff must comply with all King County Health Department requirements related to food donations.

iv.    No children under the age of eighteen (18) are allowed to stay overnight in the facility, unless accompanied by a parent or guardian, or unless the facility is licensed to provide services to this population. If a child under the age of eighteen (18) without a parent or guardian present attempts to stay in a facility not specifically licensed for providing housing to youth, the sponsor and/or managing agency shall immediately contact Child Protective Services and actively endeavor to find alternative housing for the child.

v.    No person under court supervision or under sex offender registration requirements can receive services from a provider, unless providing such services is consistent with the laws, regulations, and/or supervisory requirements related to such persons.

c.    Facility Services.

i.    Residents shall have access to the following services on site; if not provided on site, transportation shall be provided:

(A)    For all facilities, medical services, including mental and behavioral health counseling.

(B)    For emergency housing facilities, access to resources on obtaining permanent housing and access to employment and education assistance.

(C)    For emergency shelter facilities, substance abuse assistance.

ii.    All functions associated with the facility, including adequate waiting space, must take place within a building or on the site proposed to house the facility.

iii.    The number of toilets and other hygiene facilities required for each facility will be determined by the decision maker on a case-by-case basis in consultation with the King County Health Department after a review of factors such as the potential number and composition of residents.

iv.    Facilities serving more than five (5) residents shall have dedicated spaces for residents to meet with service providers.

v.    The sponsor or managing agency shall coordinate with the homelessness service providers for referrals to their program and with other providers of facilities and services for people experiencing homelessness to encourage access to all appropriate services for their residents.

3.    Additional Requirements for Permanent Supportive and Transitional Housing. In addition to the requirements under subsection (B)(1) of this section, permanent supportive housing and transitional housing are required to comply with the following:

a.    Facility Standards.

i.    Individual facilities shall not have more than eighty (80) dwelling units and are subject to the density standards of residential uses allowed in the zone where the facility is located.

ii.    The multi-family housing design standards of Chapter 15.510 SMC shall apply to all facilities with more than five (5) dwelling units.

b.    Facility Services.

i.    All residents shall have access to appropriate cooking and hygiene facilities.

ii.    Facilities serving more than five (5) dwelling units shall have dedicated spaces for residents to meet with service providers.

iii.    Residents shall have access to the following services on site or shall be provided transportation to such services by the sponsor or managing agency:

(A)    Medical services, including mental and behavioral health counseling.

(B)    Employment and education assistance. (Ord. 24-1022 § 5 (Exh. C); Ord. 21-1031 § 10)

A.    Application. The provisions of this section shall apply to all “group homes” in the City of SeaTac, which are classified as “community residential facilities (CRF).”

1.    Community residential facilities include all uses as defined by Chapter 15.105 SMC, Definitions, including housing for persons with disabilities, children and domestic abuse shelters.

2.    CRFs do not include the following uses as defined by Chapter 15.105 SMC, Definitions, including emergency housing, emergency shelters, reentry centers, or facilities providing alcohol and drug detoxification (defined as convalescent centers). Transitional housing is also classified as a separate use, unless such housing is for victims of domestic violence, for children, for the disabled, or is a small-scale transitional housing facility. Permanent supportive housing is also classified as a separate use, unless such facility is a small-scale permanent supportive housing facility. Secure community transition facilities are neither group homes nor transitional housing.

B.    CRF Requirements. CRFs are divided into two (2) categories, I or II, based on size and occupancy.

1.    Community Residential Facilities I (CRF I).

a.    Occupancy Limits. CRF I may house up to five (5) residents plus two (2) caregivers, with the special exception that state-licensed adult family homes and foster family homes are exempt from the City’s numerical limit.

b.    Occupancy Limit Exceptions. Additionally, special exceptions to the limit on the number of occupants of a CRF I may be granted for persons with disabilities pursuant to the accommodation procedure provided in SMC 15.465.200, Accommodation of Persons with Disabilities.

c.    Appearance. In the residential low and medium density zones, CRF I are required to be a detached dwelling unit compatible with the surrounding area. In the multi-family zones, CRF I are required to maintain residential character.

d.    Parking. Any parking spaces in excess of two (2) shall be screened from public streets.

e.    Small-Scale Permanent Supportive Housing and Small-Scale Transitional Housing. An approved operations plan consistent with SMC 15.465.350(B)(1)(c)(i).

2.    Community Residential Facility II (CRF II). CRF II are not subject to any numerical occupancy limit and are permitted in the high density multi-family and commercial zones. (Ord. 25-1008 § 1 (Exh. A); Ord. 23-1003 § 3; Ord. 21-1031 § 11; Ord. 15-1018 § 1)

A.    Home Occupations as Permitted Uses.

1.    Home occupations are permitted as an accessory residential use so that certain activities may be undertaken for gain or profit within a dwelling or a building accessory to a dwelling in an RL, RM or URM zone, or any zone in which dwellings are present.

2.    The home occupation shall be conducted in such manner that the residence shall not differ from its residential character in either the use of colors, materials, construction, storage, lighting, signs or emissions of sounds, noise, vibrations or odors.

B.    Prohibited Activities. The following activities are determined to be incompatible with residential areas and shall not be allowed as home occupations:

1.    Automobile and motorcycle repair and body work (including painting);

2.    Automobile services, including detailing;

3.    Large appliance repair;

4.    Large or small engine repair;

5.    Commercial kennels or catteries;

6.    Commercial painting;

7.    Storage of building materials;

8.    Parking or storage of heavy equipment or vehicles;

9.    Religious facilities;

10.    Any use involving dispatch of employees from the property.

C.    Regulation of Home Occupations. Home occupations shall be required to have a business license pursuant to Chapter 5.05 SMC, and shall then be permitted, providing that each such home occupation meets the following criteria:

1.    Is carried on exclusively by a member(s) of a family residing in the dwelling unit and no more than two (2) nonresident employees with approved on-site parking;

2.    Is clearly incidental and secondary to the use of the property for dwelling purposes with the floor area devoted to the home occupation not exceeding twenty-five percent (25%) of the living area of the dwelling unit; for the purposes of this paragraph, living area does not include the grounds, out-buildings, garage, unfinished basement, or other areas not prepared for normal dwelling purposes;

3.    Has no display or sign other than an unlighted display or sign no larger than two (2) square feet attached to an existing structure;

4.    Has no outside storage nor other exterior indication of the home occupation or variation from the residential character of the property;

5.    Does not require truck delivery or pick-up not common to a residential dwelling (i.e., parcel service); delivery hours are restricted to the hours of 8:00 a.m. to 8:00 p.m.;

6.    Does not involve installation and use of heavy equipment, large power tools, or power sources not common to a residential dwelling, or any other usage which creates a level of noise, vibration, smoke, dust, odors, heat or glare beyond that which is common to a residential area;

7.    Does not create a level of parking demand beyond a maximum of two (2) visitors at any given time and no more than eight (8) total two-way trips per day;

8.    Does not involve production, generation, storage or use of hazardous waste, as defined by the State Department of Ecology;

9.    Involves only sales which are an incidental use and which do not constitute regular retail sales on the premises.

D.    Uses and Activities Exempt from Regulation.

1.    Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses shall not be considered home occupations subject to regulation pursuant to subsection (C) of this section, Regulation of Home Occupations; provided, that any such use shall not be in existence for more than twenty (20) days in any one (1) calendar year, and shall not be in violation of any other chapter in this code, or City ordinance; and provided further, that any such garage sales and yard sales involve only the sale of household goods, none of which were purchased for the purpose of resale.

2.    Day care facilities, bed and breakfast operations and other similar uses otherwise allowed in residential homes are exempt from the provisions of this section.

E.    Special Home Occupation Permits (SHOP).

1.    Special home occupation permits may be granted by the Director for any uses providing that not less than seven (7) of the nine (9) criteria set forth in subsection (C) of this section shall be met, except that compliance with subsection (C)(8) of this section shall be required.

2.    In considering applications for special home occupations permits, the Director shall consider the nature and conditions of all adjacent uses and structures, and no such special home occupation permit (SHOP) shall be authorized by the Director unless it is found that the authorization of the SHOP will:

a.    Not be materially detrimental to the public welfare;

b.    Not have adverse impact on adjacent properties in the zone or vicinity in which the subject property is located; and

c.    Be consistent with the spirit and purpose of this chapter and code.

3.    In authorizing a SHOP, the Director may impose such requirements and conditions with respect to location, installation, construction, maintenance, operation and extent of open spaces in addition to those expressly set forth in this chapter and the code, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest.

4.    In addition, the Director may allow the applicant for a special home occupation permit a reasonable period of time, not to exceed one (1) year, in which to bring the home occupation into compliance with existing zoning regulations and the conditions imposed by the Director.

5.    A SHOP shall be processed as a Type II permit per Chapter 16A.23 SMC.

F.    Home Occupations Subject to Code Enforcement Action. In addition to any and all rights of inspection, access and enforcement contained in Chapter 15.125 SMC, Code Enforcement, the City is authorized to enforce any and all provisions of this chapter. Any home occupation in existence at the time of adoption of the ordinance codified in this chapter which has not been issued a City business license shall not be issued a license unless in conformance with the provisions herein. (Ord. 25-1008 § 1 (Exh. A); Ord. 21-1008 § 19; Ord. 15-1018 § 1)

A.    Manufactured Home Park Zone Classification. The purpose of this zone is to provide areas for existing manufactured home parks, locate potential sites for relocation purposes, and/or allow the creation of parks which serve residents while providing sense of ownership and pride.

B.    Definitions.

Leasable Space

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

Recreational Vehicle (RV)

A vehicle designed primarily for recreational camping, travel or seasonal use which has its own power or is towed by another vehicle, limited to motor home, travel trailer, camping trailer, park trailer, multi-use vehicle and truck camper.

Utility Hook-Ups

The minimum required utility hook-up apparatus (pursuant to City approval) including, but not limited to, sanitary sewer, water and electrical services.

C.    Manufactured Homes – Standards for Locating on Individual Lots. Manufactured homes may be located within the RL, RM, URM, and MHP zone classifications; provided the following conditions are met:

1.    The home shall be installed in accordance with the manufacturer’s instructions, in accordance with the requirements of Chapter 296-150F or 296-150M WAC, as applicable, and shall be hooked up to all utility services;

2.    The home must meet the required sound insulation standards as set forth by applicable Federal Aviation Administration regulations when located within established noise remedy zones;

3.    Minimum size shall be eight hundred sixty-four (864) square feet;

4.    The home shall have exterior siding and skirting similar in appearance to siding materials commonly used on conventional site-built building code detached dwelling units.

D.    Manufactured Home Park – Standards for Existing Parks.

1.    Manufactured home parks established prior to the effective date of this code shall continue to be governed by all standards relating to density, setbacks, landscaping and off-street parking in effect at the time they were approved.

2.    Placement of new accessory structures and replacement of manufactured homes, either standard or nonstandard, in these manufactured home parks shall be governed by the dimensional standards in effect when the parks were approved. If the information is not available to determine the standards, then the average of the prevailing setbacks on the pads to either side of the proposed new or replacement structure shall apply.

3.    No spaces or pads in an existing manufactured home park shall be used to accommodate RVs except when the spaces or pads were specifically designated (or approved) for RVs by the City pursuant to subsection (G) of this section, Recreational Vehicle Areas, or by King County at the time the park was established.

4.    All manufactured homes installed in established parks shall meet the minimum standards set forth by the existing HUD standards and applicable Building Code and any amendments in effect.

E.    Manufactured Home Park – Standards for New Parks. New manufactured home parks shall be developed in the manufactured home park zone and subject to the following standards:

1.    A manufactured home park shall be at least three (3) acres in area.

2.    Residential densities in a manufactured home park shall be as follows:

a.    Five (5) dwellings per acre in an RL zone classification;

b.    Seven (7) dwellings per acre in an RM and URM zone classification.

3.    A manufactured home park shall be exempt from the building footprint and impervious surface limits set forth in SMC 15.400.100, Residential Standards Chart, and 15.400.200, Commercial, Industrial, Park Standards Chart.

4.    At least two (2) off-street parking spaces shall be required for each manufactured home and located on or adjacent to each manufactured home pad.

5.    Internal roads and sidewalks shall provide access to each manufactured home space and shall be constructed in accordance with the adopted City road standards for residential minor access streets.

6.    Access to the park site shall be from a major or arterial roadway.

7.    There shall be a minimum of sixteen (16) feet of separation maintained between all manufactured homes on the site. Accessory structures shall be located no closer than:

a.    Ten (10) feet to manufactured homes on adjacent spaces unless constructed of noncombustible materials, in which case the minimum setback shall be five (5) feet;

b.    Five (5) feet to accessory structures of manufactured homes on adjacent spaces; and

c.    Five (5) feet to the manufactured home or other accessory structures on the same space. A carport or garage may be attached to the manufactured home, and the separation may be waived when such structures are constructed of noncombustible materials.

8.    All manufactured homes shall be pit set and tied down per manufacturer’s standards or as prescribed by a licensed engineer in the State of Washington.

9.    A manufactured home park may include a storage area for RVs owned by residents of the park; provided the storage area contains no utility hook-ups. No RV within the storage area shall be used as living quarters.

F.    Manufactured Home Park – Alternative Design Standards. As an alternative to the building separation and internal streets standards of subsection (E) of this section, Manufactured Home Park – Standards for New Parks:

1.    Building separation requirements or setbacks between manufactured homes and accessory structures on adjacent spaces may be modified, provided:

a.    The common walls meet the fire protection standards set forth in the building code and the standards set forth in the fire code for duplexes, multi-family and condominium developments, as applicable; and

b.    Rental agreements, clauses, by-laws or other legal mechanisms stipulate maintenance responsibilities for structures, fences and yards; and

c.    An open space area for children shall be provided at a ratio of ten percent (10%) of the total park area.

2.    Private streets may used with a minimum driving surface of twenty-two (22) feet in width, provided:

a.    The circulation/street pattern is established in one (1) direction and approved by the Fire Marshal;

b.    All required parking is located off-street and as specified in Chapter 15.455 SMC, Parking and Circulation; and

c.    Such streets shall not serve over one hundred (100) dwelling units within the park.

G.    Recreational Vehicle Areas.

1.    Purpose. To allow the economic use of perimeter areas in manufactured home parks; to foster affordable housing options; to create designated areas for recreational vehicles; to allow alternative use of land within manufactured home parks, yet protect existing and future manufactured home units.

2.    Siting Standards of Recreational Vehicles in Existing Manufactured Home Parks.

a.    A site plan shall be submitted with the following standards for review and approval by the Director.

b.    Recreational Vehicle Sites. RVs may be located in a perimeter designated area. The designated area shall be a logically geometric shape, which does not encroach significantly into the area for manufactured home units.

It is provided, however, that once the owner of a manufactured home park has given notice of intention to close the manufactured home park pursuant to any applicable relocation plans, pending final closure of the manufactured home park, and in keeping with the provisions of subsections (G)(2)(c), (G)(2)(d) and (G)(2)(e) of this section, the owner may site recreational vehicles in such manufactured home spaces as may become vacant during the closure period without regard to the number of such recreational vehicles or their locations within the manufactured home park. The closure period, which shall include the period of time from the date of the notice of the intention to close the manufactured home park to the final closure of the manufactured home park, shall not exceed one (1) year.

c.    Recreational vehicles shall hook up to the utility hook-ups (under permits) and maintain the minimum standards on those utilities.

d.    Recreational vehicles shall not remain on the leased space longer than one hundred eighty (180) days a year. The recreational vehicle must be physically detached from the utility hook-ups and out of the park for at least twenty-four (24) hours before hooking up again.

e.    The recreational vehicles shall meet all applicable health and building standards.

f.    The recreational vehicle section shall be screened from both the road and the manufactured home park with Type IV landscaping at a width of five (5) feet.

H.    Manufactured Home Park Relocation Standards.

1.    The owner of a manufactured home park that is relocating must comply with the applicable requirements of Chapters 59.20 and 59.21 RCW.

2.    The owner of a manufactured home park that is relocating must notify the City prior to giving notice to the tenants in accordance with RCW 59.20.080(1)(e). (Ord. 24-1022 § 5 (Exh. C); Ord. 21-1008 § 20; Ord. 15-1018 § 1)

The purpose of this chapter is to delineate regulations that apply to subsidiary uses located in school facilities, City-owned facilities and religious use. (Ord. 21-1008 § 21; Ord. 15-1018 § 1)

A.    Subsidiary uses shall be permitted in the following locations:

1.    School- and City-owned facilities within the residential and Park zones.

2.    Religious use facilities in the residential zones.

B.    Subsidiary uses which are permitted as of right shall be processed through the appropriate building or engineering permit. (Ord. 21-1008 § 22; Ord. 15-1018 § 1)

Subsidiary uses shall comply with the following criteria:

A.    Operations. The operations of the subsidiary use shall not conflict with the operations of the primary use on the property.

B.    Parking. The subsidiary use shall not result in any additional off-street parking other than what is required for the primary use on the property.

C.    Exceeding Permitted Number of Persons. If the subsidiary use expands to exceed the allowed number or persons for a permitted subsidiary use listed under SMC 15.470.200, Use Chart for Subsidiary Uses, the subsidiary use shall apply for a conditional use permit (CUP) as indicated in the chart.

D.    Two (2) or More Subsidiary Uses on School Property. If two (2) or more subsidiary uses are proposed on school property, the following shall apply:

1.    The subsidiary uses shall operate during different hours of the day with at least one (1) hour separation in the hours of operation between each separate subsidiary use.

E.    Two (2) or More Subsidiary Uses in Religious Use Facility. If two (2) or more subsidiary uses are proposed in a religious use facility, the following shall apply:

1.    The subsidiary uses shall operate during different hours of the day with at least one (1) hour separation in the hours of operation between each separate subsidiary use.

F.    Lease Agreement. A lease agreement between the subsidiary use and the primary use shall be submitted to and approved by the Director. At minimum, the lease agreement shall include the regulations of this chapter. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

A.    Subsidiary Uses in School- or City-Owned Property in Residential and Park Zones.

B.    Subsidiary Uses in Religious Use Facilities in Residential Zones.

(Ord. 24-1022 § 5 (Exh. C); Ord. 21-1008 § 23; Ord. 15-1018 § 1)

It is the intent of this chapter to regulate certain temporary uses of property which are not otherwise regulated, beyond business license registration, by other City ordinances or regulations. (Ord. 15-1018 § 1)

The provisions of this chapter shall apply to all temporary uses as delineated within SMC 15.475.020, Temporary Uses, through 15.475.080, Temporary Emergency Evacuation Storage Sites. (Ord. 15-1018 § 1)

Temporary uses that shall be regulated are as follows:

A.    Carnivals, street fairs, and outdoor holiday celebrations;

B.    Seasonal sales of Christmas trees, fireworks, flowers, fruits and vegetables;

C.    Temporary construction sheds or trailers only for the duration of the construction activity; provided, that no residential or other use shall be made of such temporary construction sheds or trailers that is unrelated to the construction activity;

D.    Temporary outdoor food events related to, and on the same site as, a restaurant;

E.    Homeless encampments allowed in all zone classifications subject to the criteria and requirements listed under SMC 15.475.050;

F.    Emergency animal shelters subject to the criteria located under SMC 15.475.060;

G.    Animal control offices subject to the criteria located under SMC 15.475.060;

H.    Temporary emergency evacuation sites in the commercial and industrial zones, subject to the criteria under SMC 15.475.080;

I.    Public/private parking for off-site construction worker parking on a site containing a religious use facility or school facility with adequate parking spaces, subject to the criteria located under SMC 15.475.070. (Ord. 17-1023 § 1; Ord. 15-1018 § 1)

The Director may issue a temporary and revocable permit to allow sales of seasonal goods in any nonresidential zone for a period not to exceed ninety (90) days in any twelve (12) month period. The Director shall consider the following:

A.    The temporary use is not in proximity to a similar permanent use;

B.    The use should be consistent with the permitted uses in the zone;

C.    The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts;

D.    The use must provide sanitary facilities if the Health Department finds it is necessary;

E.    The use must not infringe on public right-of-way;

F.    A performance bond, the amount to be determined by the Director, shall be posted to guarantee the removal of the use and that the area be restored to the satisfaction of the Director. (Ord. 15-1018 § 1)

The Director may issue a temporary use permit to allow a defined temporary use/event if finding the use consistent with the following findings of fact:

A.    No significant capital outlay is required for the use or event to take place;

B.    The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts;

C.    The use must provide sanitary facilities if the Health Department finds it is necessary;

D.    A performance bond, the amount to be determined by the Director, shall be posted to guarantee the removal of the use and the area restored to the satisfaction of the Director;

E.    A temporary construction shed or trailer may be located on the subject property or on adjacent property if owned by the same property owner or with permission of the owner. (Ord. 15-1018 § 1)

The Director may issue a temporary and revocable permit for an outdoor encampment subject to the following criteria and requirements:

A.    Procedure for Approval.

1.    The sponsoring agency shall notify the City of the proposed outdoor encampment a minimum of thirty (30) days in advance of the proposed date of establishment for the outdoor encampment and at least fourteen (14) days before submittal of the temporary use permit application. The advance notification shall contain the following information:

a.    The date the outdoor encampment will encamp.

b.    The length of encampment.

c.    The maximum number of residents proposed.

d.    The host location.

2.    The sponsoring agency shall conduct at least one (1) public informational meeting within, or as close to, the neighborhood where the proposed outdoor encampment will be located, a minimum of two (2) weeks prior to the submittal of the temporary use permit application. The time and location of the meeting shall be agreed upon between the City and sponsoring agency. All property owners within one thousand (1,000) feet of the proposed outdoor encampment shall be notified fourteen (14) days in advance of the meeting by the sponsoring agency.

B.    Site Criteria.

1.    If the sponsoring agency is not the host agency of the site, the sponsoring agency shall submit a written agreement from the host agency allowing the outdoor encampment.

2.    The property must be sufficient in size to accommodate the tents and necessary on-site facilities, including, but not limited to, the following:

a.    Sanitary portable toilets in the number required to meet capacity guidelines;

b.    Hand-washing stations by the toilets and by the food areas;

c.    Refuse receptacles; and

d.    Food tent and security tent.

3.    The host and sponsoring agencies shall provide an adequate water source to the outdoor encampment, as approved by the local water district and the City.

4.    No outdoor encampment shall be located within a sensitive (critical) area or its buffer as defined under Chapter 15.700 SMC, Critical Areas.

5.    No permanent structures will be constructed for the outdoor encampment.

6.    No more than one hundred (100) residents shall be allowed. The City may further limit the number of residents as site conditions dictate.

7.    Adequate on-site parking shall be provided for the outdoor encampment. No off-site parking will be allowed. The number of vehicles used by outdoor encampment residents shall be provided. If the outdoor encampment is located on a site with another use, it shall be shown that the outdoor encampment parking will not create a shortage of on-site parking for the other use(s) on the property.

8.    The outdoor encampment shall be within one-quarter (1/4) mile of a bus stop with seven (7) days per week service, whenever possible. If not located within one-quarter (1/4) mile of a bus stop, the sponsoring agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses).

9.    The outdoor encampment shall be adequately buffered and screened from adjacent right-of-way and residential properties. Screening shall be a minimum height of six (6) feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the outdoor encampment behind buildings. The type of screening shall be approved by the City.

10.    All sanitary portable toilets shall be screened from adjacent properties and rights-of-way. The type of screening shall be approved by the City and may include, but is not limited to, a combination of fencing and/or landscaping.

C.    Security.

1.    An operations and security plan for the outdoor encampment shall be submitted to the City.

2.    The host agency shall provide to all residents of the outdoor encampment a “code of conduct” for living at the outdoor encampment. A copy of the “code of conduct” shall be submitted to the City at the time of application.

3.    All outdoor encampment residents must sign an agreement to abide by the code of conduct and failure to do so shall result in the noncompliant resident’s immediate and permanent expulsion from the property.

4.    The sponsoring agency shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay. Logs shall be kept for a minimum of six (6) months.

5.    The sponsoring agency shall take all reasonable and legal steps to obtain verifiable ID, such as a driver’s license, government-issued identification card, military identification or passport from prospective and existing encampment residents.

6.    The sponsoring agency will use identification to obtain sex offender and warrant checks from the King County Sheriff’s Office or relevant local police department.

a.    If said warrant and sex offender checks reveal either (i) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (ii) the subject of the check is a sex offender, required to register with the County Sheriff or their county of residence pursuant to RCW 9A.44.130, then sponsoring agency will reject the subject of the check for residency to outdoor encampment or eject the subject of the check if that person is already a outdoor encampment resident.

b.    The sponsoring agency shall immediately contact the SeaTac Police Department if the reason for rejection or ejection of an individual from the outdoor encampment is an active warrant or if, in the opinion of the on-duty executive committee member or the on-duty security staff, the rejected/ejected person is a potential threat to the community.

7.    The sponsoring agency shall self-police and self-manage its residents and flatly prohibit alcohol, drugs, weapons (except the lawful possession of firearms), fighting, abuse of any kind, and littering or disturbing neighbors while located on the property. Nothing in this subsection is intended to require a sponsoring agency to allow the lawful possession of firearms.

8.    The sponsoring agency will appoint an executive committee member to serve “on-duty” at all times to serve as a point of contact for City of SeaTac Police and will orient the Police as to how the security tent operates. The names of the on-duty executive committee members will be posted daily in the security tent. The City shall provide contact numbers of non-emergency personnel which shall be posted at the security tent.

D.    Timing.

1.    The duration of an outdoor encampment shall not exceed four (4) consecutive months and is limited to a total of six (6) months within any calendar year.

2.    Simultaneous and adjacent hosting of outdoor encampments by religious organizations may be limited only if they are located within eight hundred eighty (880) feet of another outdoor encampment concurrently hosted by a religious organization.

E.    Health and Safety.

1.    All temporary structures within the outdoor encampment shall conform to all building codes.

2.    The outdoor encampment shall conform to the following fire requirements:

a.    Material used as roof covering and walls shall be of flame retardant material.

b.    There shall be no open fires for cooking or heating.

c.    No heating appliances within the individual tents are allowed.

d.    No cooking appliances other than microwave appliances are allowed.

e.    An adequate number and appropriate rating of fire extinguishers shall be provided as approved by the Fire Department.

f.    Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the Fire Department.

g.    Adequate separation between tents and other structures shall be maintained as determined by the Fire Department.

h.    Electrical service shall be in accordance with recognized and accepted practice; electrical cords are not to be strung together and any cords used must be approved for exterior use.

3.    The sponsoring and host agencies shall permit inspections by SeaTac staff and the King County Health Department at reasonable times without prior notice for compliance with the conditions of this permit.

F.    Termination. If the sponsoring agency fails to take action against a resident who violates the terms and conditions of this permit, it may result in immediate termination of the permit. If the City learns of uncontrolled violence or acts of undisciplined violence by residents of the encampment and the sponsoring agency has not adequately addressed the situation, the temporary use permit may be immediately terminated. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)

The Director may issue a temporary and revocable permit for an emergency animal shelter subject to the following requirements and criteria:

A.    King County has issued an emergency order regarding flooding in the Green River Valley to establish an emergency animal shelter or animal control offices;

B.    The animal shelter or animal control offices in Kent need to be temporarily relocated due to flooding in the Green River Valley;

C.    The emergency shelter or animal control office is located at a King County facility located in the park (P) zone;

D.    No more than five hundred (500) animals are to be located at the facility. The animals shall only be from the shelter in Kent or strays collected by King County Animal Control Officers due to flooding of the Green River Valley;

E.    The temporary use permit (TUP) shall be valid for up to one (1) year. Additional TUPs may be issued based upon an emergency order cited under subsection (A) of this section;

F.    All storm drainage requirements are met; and

G.    All health requirements are met and approved by the King County Health Department. (Ord. 15-1018 § 1)

The Director may issue a temporary and revocable permit for off-site construction staging and construction worker parking subject to the following requirements and criteria:

A.    The off-site construction staging and parking is allowed only for the duration of the construction;

B.    The off-site construction staging and parking is located within one-quarter (1/4) mile of the construction site;

C.    A “traffic plan” shall be submitted. The plan shall illustrate the travel route(s) construction workers will use to access and depart the site. Travel routes to the site shall minimize traffic impacts to residential areas;

D.    The construction staging and parking surface shall, at a minimum, consist of gravel or other approved surface that will minimize erosion and provide for storm drainage controls;

E.    If the off-site construction staging and parking is adjacent to a residential zone, the use of the property shall only be from 7:00 a.m. to 10:00 p.m., weekdays only. Additional days or hours of use may be authorized by the Director;

F.    The property is used only for construction staging and the parking of the personal vehicles used by the construction workers;

G.    The Director may authorize off-site construction worker parking only at religious use facilities or school facilities located within one and one-half (1-1/2) miles of the construction site. If a religious use facility is used and the routes construction workers use to access and depart the site pass by a public or private school facility, the applicant shall stagger the hours of arrival and departure from the site to minimize the conflicts between pedestrian and vehicular traffic of students arriving and departing the school site. In addition, the construction worker parking shall not occupy parking spaces necessary for the primary use of the site during their normal operating hours.

1.    Parking shall be on an existing paved surface. No additional off-street parking spaces may be created; and

2.    The site must be within one-quarter (1/4) mile of a “principal” or “minor” arterial;

H.    Adjacent property owners, as determined by the Director, shall be notified of the proposed construction staging and/or construction worker parking prior to the decision to issue a temporary use permit. The cost of this notification shall be borne by the applicant;

I.    In the case where off-site construction staging and construction worker parking will be on a site for more than one (1) year, the applicant shall renew their TUP on an annual basis. (Ord. 15-1018 § 1)

In lieu of the criteria set forth in SMC 15.475.040, the Director may issue a temporary and revocable permit for a temporary emergency evacuation storage site in the commercial and industrial zones, subject to the following requirements and criteria:

A.    King County has issued an emergency order regarding flooding in the Green River Valley;

B.    The applicant shall submit a signed agreement with the property owner allowing the use of the property for an emergency evacuation site;

C.    The applicant meets all storm drainage requirements pursuant to Chapter 12.10 SMC;

D.    If located on a developed parcel or site, the emergency evacuation storage site shall not interfere with any on-site pedestrian and vehicular circulation;

E.    If located on a developed parcel or site, the emergency evacuation storage site shall not occupy any required off-street parking spaces for the primary uses of the site;

F.    If located on a developed site, the emergency evacuation storage site shall not permanently remove any required landscaping on site;

G.    Emergency evacuation storage sites are not allowed for hazardous waste “disposal facilities” as defined under RCW 70.105.010; and

H.    The property shall only be used for the duration of time the parent property for the business using the emergency evacuation site is flooded and during the time the site is being restored to a usable condition;

I.    If the temporary emergency evacuation storage site requires the prestaging of temporary structures for use in the event of flooding, the temporary structures may be located on the site prior to the anticipated flooding. In no case shall the structures be located on site for more than six (6) months in a calendar year. No structures shall be used or occupied if there is no flooding on the parent property in the Green River Valley. A performance bond, the amount to be determined by the Director, shall be posted to guarantee the removal of the use and the area restored to the satisfaction of the Director;

J.    Solid screening (consisting of a chain-link fence with a fabric screen) of an emergency evacuation storage site may be required by the Director if the site is located adjacent to residential properties or is visible from an arterial street. (Ord. 17-1023 § 1; Ord. 15-1018 § 1)

In order to reasonably mitigate any adverse impacts associated with a temporary use permit, the permit may be conditioned to assure such mitigation. (Ord. 15-1018 § 1)

A.    Any temporary use permit shall comply with all applicable adopted City ordinances.

B.    Any solicitor who, while selling or offering goods, wares, merchandise or anything of value, displays, advertises, or offers such goods to the passing public while standing on public way or any other place not used and licensed by such person as a permanent place of business, shall secure in addition to a solicitor’s license a temporary use permit pursuant to this chapter. Door-to-door solicitors are excluded from this requirement if they are part of a nonprofit organization, school fund-raising project, or charitable organization.

C.    Uses regulated by the home occupation regulations (SMC 15.465.500, Home Occupations) are not subject to the provisions of this chapter. (Ord. 15-1018 § 1)

The purpose of this chapter is to regulate the placement, construction and modification of wireless communication facilities, in order to protect the safety and welfare of the public in a manner that does not unreasonably interfere with the development of the competitive wireless communication marketplace in the City. Furthermore, the regulations in this chapter are intended to:

A.    Minimize potential adverse visual, aesthetic, and safety impacts of all wireless communication facilities.

B.    Establish objective standards for the placement of wireless communication facilities.

C.    Ensure that such standards allow competition and do not unreasonably discriminate among providers of functionally equivalent services or have the effect of prohibiting wireless services.

D.    Encourage the design of such wireless communication facilities to be aesthetically and architecturally compatible with the surrounding built and natural environments where feasible.

E.    Encourage the collocation or attachment of wireless communication facilities on existing support structures to help minimize the total number and impact of such structures throughout the community. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

A.    Authority. The authority to administrate, review, and interpret the City’s deployment standards and procedures in this chapter rests with the applicable City department director or designee as follows:

1.    Macro wireless facilities – Director of Community and Economic Development or designee.

2.    Small wireless facilities – Director of Public Works or designee.

3.    Eligible facilities requests – Director of Community and Economic Development or designee.

B.    Applicability. The placement of any wireless communication facility in any location within the City is subject to the provisions of this chapter.

C.    Permit Required. Any person who desires to place any wireless communication facility within the boundaries of the City must apply to the City for the appropriate wireless communication facility permit.

D.    Lease Required. In addition to the requirement of obtaining the appropriate wireless communication facility permit, if all or a portion of the wireless communication facility will be located upon a City-owned structure, or upon non-right-of-way property, which is either City-owned or City-leased, the applicant shall be required to enter into a lease agreement with the City for the use of the City property.

E.    Franchise Agreement Required. In addition to the requirement of obtaining the appropriate wireless communication facility permit, if all or a portion of the wireless communication facility will be located within the City’s right-of-way, the applicant shall be required to enter into a franchise agreement with the City for the use of the City’s right-of-way. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

The requirement to obtain a permit pursuant to this chapter does not apply to:

A.    Routine maintenance or repair of wireless communication facilities and related equipment (excluding structural work or changes in height or dimensions of antennas, support structures or buildings); provided, that compliance with the standards of this code is maintained and a right-of-way use permit is obtained if the wireless communication facility is located in the right-of-way.

B.    Satellite earth stations (satellite dishes) that are one (1) meter (39.37 inches) or less in diameter.

C.    Television-receiving only antennas.

D.    Temporary macro facilities for emergency communication equipment in anticipation of and during a declared public emergency or emergency exercise; or, when required to temporarily relocate facilities where the structure is being replaced or redeveloped, provided the relocation is not in the public right-of-way. Said equipment must comply with all Federal and State requirements.

E.    Government-operated wireless communication devices for public safety radio systems, ham radio and business radio systems.

F.    Wireless communication facilities which legally existed or for which an application was approved on or prior to the effective date of the ordinance codified in this chapter; except, that this exemption does not apply to modifications of such facilities. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

In addition to the land use definitions in Chapter 15.105 SMC, the following definitions apply to this chapter; for any term defined in this section that is also defined in SMC Title 15, the definition in this section shall control. Words not defined herein shall be given the meaning set forth in the Code of Federal Regulations. Words not otherwise defined shall have their common and ordinary meaning.

Abandonment

Intentional discontinuation of electrical service to a wireless communication facility for sixty (60) or more days.

Accessory Building

A building used exclusively or primarily to contain and conceal radio or other equipment necessary for the transmission or reception of wireless communication signals.

Ancillary Structures

Any form of development associated with a wireless communication facility, including but not limited to: foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports; however, specifically excluding equipment cabinets, and enclosures.

Antenna

An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15.

Antenna Array

One (1) or more antennas and their associated mounting hardware, feed lines, or other appurtenances, such as a platform, which share a common attachment device, such as a mounting frame, or mounting support structure.

Antenna Equipment

Equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.

Certain Rights-of-Way

Non-arterial rights-of-way unless otherwise approved by the Public Works Director. See SMC 15.480.080(F)(4) regarding requirements for placement of macro facilities in rights-of-way.

Collocation

A.    Mounting or installing an antenna facility on a preexisting structure, and/or

B.    Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

Director

The applicable City department director authorized by SMC 15.480.010(A).

E-911 Enhanced

A Federally mandated upgrade to a wireless communication facility or handheld device that enables an emergency call center to track the approximate location of a wireless caller dialing 911.

Equipment Compound

An outdoor fenced area occupied by all the equipment associated with a wireless communication facility, including structure(s), equipment shelters, equipment cabinets or pedestals, feed lines, generators, and ancillary structures, but excluding parking and access ways.

Equipment Enclosure

Any structure including: cabinets, shelters, pedestals, shrouds, and other similar structures used exclusively to contain radio or other equipment necessary for the transmission and/or reception of wireless communication signals.

FAA

The Federal Aviation Administration.

FCC or Federal Communications Commission

The Federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.

Feed Lines

Cables used as the interconnecting media between the transmission/receiving base station and the antenna.

Flush-Mounted

Any antenna or antenna array attached directly to the face of the support structure or building such that no portion of the antenna extends above the height of the support structure or building. Where a maximum flush mounting distance is given that distance shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

Geographic Search Area

An area designated by a service provider or operator for a macro facility, produced in accordance with generally accepted principles of radio frequency wireless engineering.

Height

The height of any wireless communication facility is determined based on the combined measurement of the antenna(s) and structure. Antenna(s) mounted on an existing structure(s) shall be measured in addition to the height of the existing structure. The combined height shall be subject to the height limitations specified in this chapter, and/or applicable regulations under the Federal Aviation Administration. A mounted nest excluder used to discourage birds from nesting on a wireless communication facility will not be included when calculating the maximum height of any antennas or structures under this chapter.

Lattice Tower

A tapered style of structure that consists of vertical and horizontal supports with multiple legs and cross-bracing and metal crossed strips or bars to support antennas.

Light Pole

A pole used primarily for lighting streets, parking areas, parks or pedestrian paths.

Macro Facility

A large wireless communication facility that is not a small wireless facility and provides radio frequency coverage or capacity for a service provider network. Generally, macro facility antennas are mounted on ground-based towers, rooftops, and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro facilities typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple service providers.

Macro Facility, Attached

An antenna or antenna array that is secured to an existing building or structure with any accompanying pole or device attached to the building or structure, feed lines, and equipment. It may be located either on the inside or outside of the existing building or structure. An attached macro facility is considered to be an accessory use to the existing principal or structure use on a site.

Macro Facility, Concealed Attached

An attached macro facility, ancillary structure, or macro facility equipment compound designed to be obscured and aesthetically compatible with existing and proposed buildings on a site. A concealed attached facility includes, but is not limited to, flush-mounted antenna and feed lines painted to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure.

Macro Facility, Concealed Freestanding

A macro facility, ancillary structure, or macro facility equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed uses on a site. A concealed facility may have a secondary function, including, but not limited to, the following: church steeple, windmill, bell tower, clock tower, cupola, light standard, flagpole with a flag, or tree.

Macro Facility, Nonconcealed Attached

A nonconcealed attached macro facility is one that is readily identifiable, such as a pole with a mounting platform containing panel antennas, attached to a roof and/or rising above the roofline of a building.

Macro Facility, Nonconcealed Freestanding

A freestanding macro facility, ancillary structure, or macro facility equipment compound that is readily identifiable, such as a monopole or lattice tower.

Maintenance and Repair

Repair or routine maintenance of antennas, equipment and/or feed lines, provided the model, type, mechanical and electrical specifications, size and number remain the same, and excludes structural work or changes in height or dimensions of support structures or buildings.

Microwave

Electromagnetic waves with a frequency of eight hundred ninety (890) megahertz (MHz) or greater intended for point-to-point communications.

Mitigation

A modification to replace or remove one (1) or several nonconforming structure(s) located in close proximity to a proposed new structure, or to replace or remove one (1) or several nonconforming building-mounted antennas in close proximity of a proposed new building-mounted antenna, in order to encourage compliance with this chapter, improve aesthetics or functionality of the overall wireless network.

Monopole

A style of freestanding structure that is composed of a single shaft usually composed of two (2) or more hollow sections that are in turn attached to a foundation. This type of facility is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground.

Overhead Facilities

Utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

Pedestrian or Higher Elevation Views

Views from higher physical grade, or buildings, into equipment installations that are screened by fencing, including views from residential and commercial building windows and decks.

Personal Wireless Services

Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

Platform

A mounting structure to which one (1) or more antennas, sufficient to serve the needs of one (1) or more wireless service provider’s installation(s), are attached, and which is affixed to a structure.

Public Safety Communications Equipment

All communications equipment utilized by the City for the purpose of operation in the interest of the safety of the citizens of SeaTac and operating within the frequency range of eight hundred six (806) MHz and one thousand (1,000) MHz and future spectrum allocations at the direction of the FCC.

Radio Frequency (RF) Emissions

Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, structure, building, or other vertical projection.

Satellite Earth Station (Satellite Dish)

A single or group of satellite parabolic (or dish) antennas. These dishes are mounted to a supporting device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment shelters necessary for the transmission or reception of wireless communication signals with satellites. Satellite earth stations of one (1) meter or less are used primarily for the purposes of home entertainment and personal data systems.

Service Provider

Defined consistent with RCW 35.99.010(6). Service provider shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services.

Small Wireless Facility

A small wireless facility has the same meaning as defined in 47 CFR 1.6002, or as amended, and such facilities meet the following conditions:

A.    The facilities:

1.    Are mounted on structures fifty (50) feet or less in height including their antennas, or

2.    Are mounted on structures no more than ten percent (10%) taller than other adjacent structures, or

3.    Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten percent (10%), whichever is greater;

B.    Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three (3) cubic feet in volume;

C.    All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;

D.    The facilities do not require antenna structure registration under 47 CFR Part 17;

E.    The facilities are not located on tribal lands; and

F.    The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards.

Structure

A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).

Telecommunications Facilities

The plant, equipment, and property including, but not limited to, antennas, cables, wires, conduits, ducts, pedestals, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide, or offer wireline or wireless communication service.

Telecommunications Service

The transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purpose of this subsection, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals.

Temporary Wireless Communication Facility (Temporary WCF)

A wireless communication facility which is to be placed and used for a limited period of time and does not have a permanent foundation.

Tower

A freestanding structure designed solely or primarily to support an antenna(s) or antenna platform(s).

Traffic Signal Poles

A pole that supports equipment used for controlling traffic, including but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone flashers.

Transmission Equipment

Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial, or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Unified Enclosure

A small wireless facility providing concealment of antennas and equipment within a single enclosure.

Utility Pole

A structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths.

Wireless Communications Facility

A facility used for personal wireless services.

Wireline

Services provided using a physically tangible means of transmission, including without limitation wire or cable, and the apparatus used for such transmission.

Zones, High Intensity

Zones that typically involve commercial or industrial rather than residential uses. Such zones are limited to community business (CB and CB-C), industrial (I), regional business mix (RBX), aviation commercial (AVC) and aviation operations (AVO).

Zones, Low Intensity

Zones that typically include or are adjacent to residential uses, including the residential low (RL), residential medium (RM), urban residential medium (URM), residential high (RH), urban residential high (URH), neighborhood village medium (NVM), neighborhood village high (NVH), urban village medium (UVM), urban village high (UVH), commercial low (CL), mobile home park (MHP), and park (P) zones. (Ord. 24-1022 § 5 (Exh. C); Ord. 20-1026 § 3; Ord. 17-1023 § 1; Ord. 15-1018 § 1)

A.    Wireless communication facilities are not “essential public facilities,” as defined in SMC 15.105.050.

B.    Wireless communication facilities located outside of the public rights-of-way may be either a primary or secondary use. A different use of an existing structure on the same lot shall not preclude the installation of a wireless communication facility.

C.    Macro facilities, as defined in SMC 15.480.020, are regulated by Article II of this chapter.

D.    Small wireless facilities, as defined in SMC 15.480.020, are permitted uses in all zones and are regulated by Article III of this chapter. Any small wireless facilities located within the public rights-of-way are permitted pursuant to a valid franchise agreement and a small wireless facility permit.

E.    Eligible facilities requests, as defined in SMC 15.480.180, are regulated by Article IV of this chapter.

F.    Wireless communication facilities may require additional building, electrical, or other construction permits not regulated by this chapter. (Ord. 20-1026 § 3)

Article II. Macro Wireless Facilities

A.    Preapplication Meeting. Applicants are encouraged to schedule a preapplication meeting with the City prior to applying for a macro facilities permit.

B.    Permits Required. As part of the submittal of the appropriate application below, applicants shall submit the items included on the appropriate macro facilities checklist as outlined in SMC 15.480.100.

1.    Building/Electrical Permits. A building and/or electrical permit is required for all macro facilities.

2.    Conditional Use Permits (CUP). A conditional use permit is required for the following as outlined in subsections (C) and (D) of this section: new freestanding concealed macro facility structures in low intensity zones, provided such facility is allowed per subsection (D) of this section.

3.    Variance. A variance from the standards regarding height, setbacks, aesthetics (including concealment), equipment enclosures and the dimensions of macro facility freestanding poles specified in Article II of this chapter may be granted only pursuant to the criteria set forth in SMC 15.115.010(C). A variance from the standards regarding landscaping and fencing specified in this chapter may be granted, subject to the criteria and process set forth in SMC 15.115.010(B).

4.    Other Permits. In addition to the permits listed above and in the table in subsection (C) of this section, other permits may be required, including but not limited to grading and right-of-way permits. Additionally, any provider locating within the City right-of-way will be required to have a valid franchise agreement on file with the City. Facilities locating on City property will require a lease agreement.

5.    Independent Review. The City may have an independent radio frequency engineer or other qualified consultant review all materials submitted to the City. Macro facility review by the independent radio frequency engineer is subject to the following:

a.    The reasonable cost for independent review is at the expense of the applicant.

b.    The reviewer may request from the applicant information in addition to that listed in the submittal requirements if the reviewer finds that such information is necessary for a complete review of the application.

c.    The approving authority may require changes to the applicant’s application or submittals based on the results of the independent review.

d.    The independent review may address any or all of the following:

i.    The accuracy and completeness of the application and accompanying documentation.

ii.    The applicability of analysis techniques and methodologies.

iii.    The validity of conclusions reached.

iv.    Whether the proposed macro facility complies with the applicable approval criteria set forth in this chapter and any other applicable City codes.

v.    Whether the proposed macro facility complies with applicable State and Federal guidelines.

vi.    Other items deemed by the City to be relevant to determining whether a proposed macro facility complies with the provisions of this chapter and any other applicable City codes.

C.    The following table summarizes the types of macro facilities that are permitted in each zone subject to the siting hierarchy in SMC 15.480.040 and the type of permits required:

1.    See subsection (D) of this section for restrictions on residentially zoned property that is vacant or contains a residential use.

D.    In residential zones, new concealed freestanding macro facility structures shall only be permitted on lots whose principal use is not a detached dwelling unit, including, but not limited to: schools, churches, water towers, fire stations, parks, and other public property. The following table summarizes the types of macro facility and macro facility equipment that can be located on residentially zoned properties containing various uses:

* For concealed equipment associated with a macro facility in a right-of-way, where no other option for placement of the equipment is feasible or appropriate, the CUP process may consider whether an equipment enclosure is compatible with the existing and adjacent uses and the character of the area based on concealed equipment design, proximity to other residential uses, and existence of mature landscaping and/or topography. If approved, equipment shall be limited to one (1) three hundred sixty (360) foot enclosure on a lot with a detached dwelling unit.

** On vacant residential property, the CUP process may consider whether the concealed facility’s design, proximity to other residential uses, and existence of mature landscaping and/or topography would allow for a freestanding macro facility that is compatible with adjacent uses and the character of the area.

*** Based on the process for the macro facility.

(Ord. 24-1022 § 5 (Exh. C); Ord. 20-1026 § 3; Ord. 17-1023 § 1; Ord. 15-1018 § 1)

A.    Siting of a macro facility shall be in accordance with the following order of ranking preference, with the exception of mitigation of an existing nonconcealed macro facility, which shall be in accordance with subsection (C) of this section:

1.    A concealed attached macro facility.

2.    Collocation.

3.    Concealed freestanding macro facility.

4.    Concealed freestanding macro facility in certain rights-of-way.

B.    If a lower ranking alternative is proposed, the applicant must file information as provided in SMC 15.480.100(A)(2)(f) and (g). Information may include, but is not limited to, an affidavit by a radio frequency engineer or other qualified representative demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranking options are not technically feasible or justified given the location of the proposed wireless communication facility.

C.    An exception to the hierarchy shall occur in those cases where mitigation of an existing nonconcealed macro facility would occur. Mitigation (replacement of an existing nonconcealed facility with a concealed facility in full compliance with the current code) is encouraged by the City to reduce the visual impact of existing nonconcealed facilities and is subject to the following benefits:

1.    Expedited permit review;

2.    Waiver of all planning, building and electrical permit fees except for independent review fees, if applicable;

3.    Height bonus per SMC 15.480.070. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

A.    Height. The height of an attached concealed macro facility shall not exceed twenty (20) feet above the existing building or water tower. The additional height shall not exceed applicable FAA limitations.

B.    Antenna Aesthetics. If the antenna is attaching onto the wall, rooftop or other side of an existing building or structure, the antenna shall be flush-mounted, encased, and designed to match the principal structure or building on which it is affixing. The antenna shall not extend more than fifteen (15) inches from the side of the building to which it is affixing, measured from the outside of the building wall to the inside or backing of the antenna.

If the antenna cannot be flush-mounted to the existing building or water tower, then a faux parapet, elevator shaft, chimney or other similar architectural feature may be designed and constructed for the purposes of attaching and/or concealing the antenna to the existing structure or building. Faux designs shall match and blend with the color, texture and architectural features of the existing structure or building.

C.    Feed Lines. Feed lines shall not be seen from pedestrian or higher elevation views. Feed lines shall be contained within a principal building or encased and the encasement painted to blend and match the design, color, and texture of the facade, roof, wall or structure to which they are affixing. Feed lines may be painted rather than encased and painted if the Director determines that the visual impact is lessened through this method. Unless they are located inside an enclosed compound, feed lines between the base of a tower or building and the ground equipment shall be located underground. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

A.    Collocation on an Existing Concealed Freestanding Macro Facility.

1.    Height. The height of macro facilities collocating on existing concealed structures shall not exceed a maximum height of sixty (60) feet in a low intensity zone and eighty (80) feet in a high intensity zone; and shall not exceed applicable FAA height limitations.

2.    Antenna Aesthetics. Antenna shall match the overall design of the approved concealed freestanding macro facility.

3.    Equipment Enclosures. Equipment enclosures are subject to the development standards of SMC 15.480.090.

4.    Feed Lines. Feed lines shall be installed inside the concealed structure and shall not be visible.

5.    Intensity. The number of concealed antenna arrays on a concealed freestanding macro facility shall not be limited; provided, that the increased number of antenna and/or equipment enclosures meet the following criteria:

a.    The increased number of antennas and/or equipment enclosures does not lessen the ability of the site to meet the requirements for concealment and screening;

b.    The site is sized and located so that the increased number of antennas and/or equipment enclosures does not negatively impact adjacent properties in any of the following manners:

i.    Removal of existing mature landscaping necessary to screen the site;

ii.    Exceeding the site’s capacity to combine and coordinate equipment compounds in an orderly manner; or

iii.    Creating a number of accessory buildings, or size of accessory building, on a site, either of which would be unusual and visually intrusive to the character of a neighborhood or area.

B.    Collocation on an Existing Nonconcealed Freestanding Macro Facility.

1.    Height. Antennas shall not exceed the height of the structure on which it is affixing.

2.    Antenna Aesthetics. New antenna installations shall be flush-mounted onto existing macro facility.

3.    Setbacks. Equipment enclosures and all ancillary equipment are required to meet the setbacks of the underlying zoning district.

4.    Landscaping. Landscaping shall be brought into compliance with the standards described in SMC 15.480.090(G).

5.    Feed Lines. Feed lines shall be concealed to the greatest extent feasible.

6.    Intensity.

a.    In High Intensity Zones. The maximum number of platforms shall be four (4).

b.    In Low Intensity Zones. The maximum number of platforms shall be two (2), except where the Director determines that a lower number is needed to protect the character of the existing neighborhood. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

A.    Height. The height for a macro facility approved for mitigation may exceed the height of the tallest freestanding macro facility that is being mitigated by a maximum of twenty (20) feet and may exceed the height of the tallest attached macro facility that is being mitigated by a maximum of ten (10) feet.

B.    Aesthetics. Mitigated facilities shall meet all code requirements for the type of facility being mitigated.

C.    Equipment Compounds. The existing equipment compound shall be brought into compliance with standards described in SMC 15.480.090(B).

D.    Equipment Enclosures. All existing equipment shelters shall be brought into compliance with standards described in SMC 15.480.090(A) and (B).

E.    Screening. Landscaping and fencing shall be brought into compliance with the standards of SMC 15.480.090(F) and (G).

F.    Feed Lines. Feed lines shall be installed inside the concealed structure and shall not be visible.

G.    Incentives. Mitigation is subject to the incentives listed in SMC 15.480.040. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

A.    Height.

1.    Low Intensity Zones. The maximum height shall be sixty (60) feet, including foundations, but excluding lightning rods or lighting as required by the FAA.

2.    High Intensity Zones. The maximum height shall be eighty (80) feet, including foundations, but excluding lightning rods or lighting as required by the FAA.

B.    Aesthetics. Any new freestanding macro facility must be a concealed freestanding macro facility as defined in SMC 15.480.020 and shall be configured, located and designed to complement or match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture. The concealment design shall minimize visual impact through quality of materials and close resemblance to: (1) adjacent landscaping, (2) a feature that is commonly associated with the primary use of the property, or (3) a pedestrian amenity appropriate to the area, such as a light pole, clock tower, fountain or water feature. Up to three (3) design concepts may be required to be submitted for consideration, with the final design being determined by the Director based on positive visual impact and appropriateness to the context of the site.

C.    Setback.

1.    Equipment enclosures and all ancillary equipment are required to meet the setbacks of the underlying zoning district.

2.    Within the Urban Center, new support structures shall be located as far to the rear of the site as the setbacks will allow, to preserve as much of the site as possible for future development.

3.    On properties fronting Angle Lake, or containing other amenities, new support structures shall be located to preserve open space, views, and future site development potential.

4.    Setback departures may be allowed by the Director for pedestrian amenities whose placement closer to the property line provides a public benefit.

D.    Feed Lines. Feed lines shall be installed inside the concealed structure and shall not be visible.

E.    Intensity. The number of antennas on a new concealed freestanding macro facility shall not be limited; provided, that the following criteria are met:

1.    The increased number of antennas and/or equipment enclosures does not lessen the ability of the site to meet the requirements for concealment and screening;

2.    The site is sized and located so that the increased number of antennas and/or equipment enclosures does not negatively impact adjacent properties in any of the following manners:

a.    Removal of existing mature landscaping necessary to screen the site;

b.    Exceeding the site’s capacity to combine and coordinate equipment compounds in an orderly manner;

c.    Creating a number of accessory buildings or a size of accessory building on a site, either of which would be unusual and visually intrusive to the character of a neighborhood or area.

F.    In Rights-of-Way.

1.    Concealed, freestanding macro facilities are permitted in rights-of-way only if technically infeasible outside of the right-of-way. No utility wires may be attached to the outside of the structure.

2.    Height. The maximum height of concealed, freestanding macro facilities in rights-of-way is the minimum necessary for technical feasibility, provided the height does not interfere with the use of the right-of-way for utility and transportation purposes.

3.    Dimensions. Concealed freestanding macro facilities in rights-of-way must be tapered and shall measure no more than twenty-six (26) inches in diameter at the base and shall taper to no more than eighteen (18) inches in diameter at the top of the pole.

4.    Intensity and Location.

a.    The number of antennas located on a freestanding macro facility in the right-of-way shall be limited to two (2), unless it can be shown that the criteria in subsection (E) of this section are met.

b.    Where feasible, freestanding macro facilities in the right-of-way shall be located at property line extensions rather than in front of a residential or retail commercial structure.

c.    Freestanding macro facilities in the right-of-way shall be separated by a minimum of one hundred (100) feet and sited so that no more than one (1) such structure is located adjacent to any one (1) residential low density property.

d.    Freestanding macro facilities shall only be located in right-of-way areas approved by the Public Works Department based on case-by-case review of a site in relation to existing and proposed utilities, road width, and safety considerations. Generally, a freestanding macro facility shall not be allowed on an arterial street where utilities have been placed underground or are anticipated to be placed underground.

G.    Pedestrian Amenity. Freestanding macro facilities that incorporate a pedestrian amenity appropriate to the area, such as a bus shelter, street furniture, pedestrian street lighting, clock tower, fountain or water feature, are encouraged. Design for such macro facility in a right-of-way must meet the approval of the Director and the Director of Public Works. Such macro facilities with pedestrian amenities shall be subject to the following benefits:

1.    Expedited review; and

2.    Refund of planning and building permit fees upon design approval, except for independent review fees, if applicable. (Ord. 25-1008 § 1 (Exh. A); Ord. 20-1026 § 3; Ord. 15-1018 § 1)

All macro facilities shall be subject to the following:

A.    Equipment Enclosures.

1.    Each service provider shall be limited to an equipment enclosure installation not to exceed three hundred sixty (360) square feet in area at each macro facility site.

2.    All new equipment enclosures shall be part of an equipment compound as provided for in subsection (B) of this section.

a.    The design shall coordinate the placement of the equipment enclosures so that enclosures are contiguous or otherwise organized to minimize aesthetic impacts to the property.

b.    If a site is being designed for multiple known providers, one (1) accessory building with multiple compartments to serve the total number of collocation tenants and their designated equipment or equipment enclosures may be required by the City.

3.    Equipment enclosures shall be concealed from pedestrian or higher elevation views through one (1) of the following methods. The approved method shall offer the most appropriate concealment of the equipment or equipment enclosure for the site as determined by the Director.

a.    For attached macro facilities:

i.    Located within the principal building on the site; or

ii.    Located behind a wall, parapet, louvers or other concealment materials meeting the intent of concealing the equipment or equipment enclosure on the rooftop or ground from pedestrian and higher elevation views.

b.    For freestanding macro facilities:

i.    Located underground or below grade, with the access to the site concealed in one (1) of the following manners:

(A)    The access is no more than eighteen (18) inches above grade; or

(B)    The access is concealed by landscaping, grade, placement out of view, or by treatment as a pedestrian amenity; or

ii.    Enclosed within an accessory building compatible with the architectural features of the principal building or structure, such as building materials, roof pitch, and siding color and texture. This option shall be required in low intensity zones, unless another option contained in this section is approved as an alternative by the Director if the equipment is not visible from pedestrian or high-elevation views. The accessory building may have a secondary function ancillary to the principal building or structure of the concealed macro facility that it serves; or

iii.    Surrounded by an opaque fence constructed of cedar or other high-quality fencing material meeting the criteria of subsection (F) of this section as approved by the Director.

4.    In Rights-of-Way. When a macro facility is located in the right-of-way, equipment enclosures shall be located underground, below grade or on adjacent property, per the standards of subsection (A)(3) of this section, unless an exemption is granted as described below. The approved method shall offer the best concealment of the equipment enclosure for the site as determined by the Director.

The Director and the Director of Public Works may approve an above-ground equipment enclosure if the total installation comprises less than six (6) cubic feet and if the installation is more appropriate than an underground facility due to existing vegetation, the location of existing infrastructure, construction impacts, or other similar factors. In all cases, an above-ground equipment enclosure shall be mounted to the ground, not mounted or attached to a pedestal, and the cumulative size of all equipment shall not exceed six (6) cubic feet.

B.    Equipment Compound.

1.    All compounds shall be screened from pedestrian or higher elevation view, as determined by the Director, by utilizing a matching design of opaque screening, such as cedar or other approved high-quality fencing material per subsection (F) of this section, through topography, through planting of new landscaping, and/or through retention of existing mature landscaping. All fencing shall be located inside of any required landscaping.

2.    The macro facility equipment compound shall not be used for the storage of any excess equipment or hazardous waste (i.e., discarded batteries), nor be used as habitable space. No outdoor storage yards shall be allowed in a macro facility equipment compound.

C.    Addition or Upgrade of Equipment on a Legal Nonconforming Site, if Not an Eligible Facilities Request.

1.    Freestanding Macro Facility.

a.    Existing Antennas and/or Feed Lines. Upgrades of existing antennas and feed lines on a legal nonconforming freestanding macro facility are allowed, as long as the number, approximate size, and visual impact of antennas and feed lines are not increased.

Addition or expansion of equipment cabinets or enclosures shall be allowed only if the service provider’s existing and proposed equipment enclosure/compound meets the standards for screening in this code.

b.    New Antennas and/or Feed Lines. Addition of new antennas and feed lines on a legal nonconforming freestanding macro facility is allowed on existing platforms as follows:

i.    Permitted. Antennas vested under a valid permit are allowed to be installed per that permit’s approval and conditions.

ii.    Interim Permit with Agreement for Future Upgrade. Antennas that exceed the number on the existing platform, but do not exceed the capacity of the existing platform, shall be allowed to be added on an interim basis; provided, that:

(A)    An agreement is signed by the provider to upgrade the freestanding facility to a concealed facility meeting the full requirements of this code within three (3) years;

(B)    The size of the antennas and feed lines is comparable to those on the existing platform.

Where an agreement has been signed to upgrade to a concealed facility within three (3) years, equipment may be upgraded and/or added within a compound without the requirement for new landscaping. Opaque fencing may be required.

2.    Attached Macro Facility.

a.    Within the Urban Center – Existing or New Antennas and/or Feed Lines. Upgrades to antennas and feed lines for existing nonconcealed antennas within the Urban Center shall be required to meet the full standards of this code.

Addition or expansion of equipment cabinets or enclosures shall be allowed, only if the service provider’s new and existing equipment meet the standards for screening in this code.

b.    Outside the Urban Center – Existing Antennas and/or Feed Lines. Upgrades of existing nonconcealed antennas outside the Urban Center shall be allowed, as long as the number, approximate size, and visual impact of antennas and feed lines are not increased.

Addition or expansion of equipment cabinets or enclosures is allowed only if the service provider’s existing and proposed equipment enclosure/compound meets the standards for screening in this code.

c.    Outside the Urban Center – New Antennas and/or Feed Lines. Addition of new antennas on nonconcealed arrays outside the Urban Center shall be subject to the standards of subsection (C)(1)(b) of this section.

3.    Addition of Generators to Sites. Addition of generators to existing legal nonconforming sites shall be allowed within a compound; provided, that all equipment screening and landscaping standards contained in this chapter are met.

4.    Addition of E-911 Enhancement Equipment to Site. Addition of E-911 enhancement equipment shall be allowed on legal nonconforming sites providing that attachments on support structures or additions to ground equipment shall meet all City standards for concealment and screening.

D.    Signage. The only signage that is permitted upon a structure, equipment enclosure, shelter, or fence (if applicable) shall be required safety signage, and for the purpose of identifying the structure, such as antenna structure registration (ASR) number, as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable). A twenty-four (24) hour emergency contact name and number are required to be posted on the site. If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the tower additional signage is required as follows:

1.    Signs located every twenty (20) feet and attached to the fence or wall;

2.    Signs shall display in large, bold, high-contrast letters (minimum height of each letter: four (4) inches) the following: “HIGH VOLTAGE – DANGER.”

E.    Setbacks.

1.    Low Intensity Zones. The required setbacks for new structures shall be measured from the base of the structure or from the edge of the equipment shelter or compound, whichever is closer to the property line. The setbacks shall be a minimum of twenty (20) feet on all sides.

2.    High Intensity Zones. The required setbacks for new structures shall be measured from the base of the structure or from the edge of the equipment shelter or compound, whichever is closer to the property line. The minimum setbacks shall be as follows:

a.    Front: Ten (10) feet;

b.    Side: Five (5) feet;

c.    Rear: Five (5) feet.

The setbacks shall be a minimum of twenty (20) feet on the sides adjacent to low intensity zones.

New macro facilities located on existing buildings shall be allowed to project into the setback a maximum of twelve (12) inches.

F.    Fencing. Fences are not required, unless utilized for required screening of an equipment enclosure or compound. If required, fences shall meet the following criteria:

1.    Materials shall be weather-resistant.

2.    Materials and design shall be appropriate to and compatible with the character of the site.

3.    Unless otherwise specified, fencing shall be a maximum of six (6) feet in height, or one (1) foot taller than the proposed equipment enclosure, whichever is greater. In no case shall the fence be taller than eight (8) feet.

4.    Barbed or other types of security wire are prohibited.

5.    All fencing shall be located inside of any required landscaping.

The Director may specify the size, type and materials to be used for the fencing to ensure compatibility with the surrounding neighborhood.

G.    Landscaping.

1.    Low Intensity Zones. For freestanding macro facilities and ground-based equipment, landscaping shall be Type I, ten (10) feet, on all sides. In all cases, the landscaping shall be located on the outside of any fence. Irrigation shall be required per SMC 15.445.140.