Shoreline City Zoning Code
Division I
UNIFIED DEVELOPMENT CODE
[1]
Code reviser’s note: Ordinance 238 provided all of the definitions initially set out in this chapter. History notes following definitions indicate amending ordinances only.
§ 20.10.010 Title.
This title shall be known as the Unified Development Code for the City of Shoreline, Washington, hereafter referred to as the Code.
(Ord. 238 Ch. I § 1, 2000)
§ 20.10.020 Purpose.
It is the purpose of this Code to:
• | Promote the public health, safety, and general welfare; |
• | Guide the development of the City consistent with the Comprehensive Plan; |
• | Carry out the goals and policies of the Comprehensive Plan by the provisions specified in the Code; |
• | Provide regulations and standards that lessen congestion on the streets; |
• | Encourage high standards of development; |
• | Prevent the overcrowding of land; |
• | Provide adequate light and air; |
• | Provide for planned areas of transit-oriented communities around light rail stations and along other high-capacity transit corridors; |
• | Facilitate adequate provisions for transportation, utilities, schools, parks, and other public needs; |
• | Encourage productive and enjoyable harmony between humankind and the environment; |
• | Promote efforts which will prevent or eliminate damage to the environment and biosphere; |
• | Protect the functions and values of ecological systems and natural resources important to the public; and |
• | Encourage attractive, quality construction to enhance City beautification. |
(Ord. 238 Ch. I § 2, 2000; Ord. 324 § 1, 2003; Ord. 706 § 1 (Exh. A), 2015)
§ 20.10.030 Authority.
The Code is a principal document for implementing the goals and policies of the City of Shoreline Comprehensive Plan, pursuant to the mandated provisions of the Growth Management Act of 1990, Subdivision Act, State Environmental Policy Act, and other applicable State and local requirements. If the provisions of this Code conflict with any provision of Chapter 58.17 RCW, the RCW shall prevail.
(Ord. 238 Ch. I § 3, 2000)
§ 20.10.040 Scope.
A.
Hereafter, no development shall occur except in compliance with the provisions of this Code and then only after securing all required permits and licenses.
B.
Any building, structure, or use lawfully existing at the time of passage of this title, although not in compliance therewith, may be maintained as provided in Chapter 20.30 SMC, Subchapter 5, Nonconforming Uses and Structures.
C.
Nonproject development and land use actions, including but not limited to rezones, annexations, and the adoption of plans and programs, shall comply with the provisions of this Code.
(Ord. 238 Ch. I § 4, 2000; Ord. 324 § 1, 2003)
§ 20.10.050 Roles and responsibilities.
The elected officials, appointed commissions, Hearing Examiner, and City staff share the roles and responsibilities for carrying out the provisions of the Code.
The City Council is responsible for establishing policy and legislation affecting land use within the City. The City Council acts on recommendations of the Planning Commission or Hearing Examiner in legislative and quasi-judicial matters.
The Planning Commission is the designated planning agency for the City as specified by State law. The Planning Commission is responsible for a variety of discretionary recommendations to the City Council on land use legislation and Comprehensive Plan amendments. The Planning Commission duties and responsibilities are specified in the bylaws duly adopted by the Planning Commission.
The Hearing Examiner is responsible for quasi-judicial decisions designated by this title and the review of administrative appeals.
The Director shall have the authority to administer the provisions of this Code, to make determinations with regard to the applicability of the regulations, to interpret unclear provisions, to require additional information to determine the level of detail and appropriate methodologies for required analysis, to prepare application and informational materials as required, to promulgate procedures and rules for unique circumstances not anticipated within the standards and procedures contained within this Code, and to enforce requirements.
The rules and procedures for proceedings before the Hearing Examiner, Planning Commission, and City Council are adopted by resolution and available from the City Clerk’s office and the Department.
(Ord. 238 Ch. I § 5, 2000; Ord. 324 § 1, 2003; Ord. 695 § 1 (Exh. A), 2014)
§ 20.10.060 Interpretation of terms.
For the purposes of this title, unless it is plainly evident from the context that a different meaning is intended, certain words and terms are herein defined as follows:
• | “Shall” is always mandatory, while “should” is not mandatory, and “may” is permissive. |
• | The present tense includes future, the singular includes the plural, and the plural includes the singular. |
• | “And” indicates that all connected items or provisions shall apply. |
• | “Or” indicates that the connected items or provisions may apply singularly or in any combination. |
• | “Either/or” indicates that the connected items or provisions shall apply singularly but not in combination. |
Where terms are not specifically defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s International Dictionary of the English Language shall be considered in determining ordinarily accepted meanings.
(Ord. 238 Ch. I § 6, 2000)
§ 20.20.010 A definitions.
Abandonment | To cease operation for a period of 12 or more consecutive months. | ||
Abate | To repair, replace, remove, destroy or otherwise remedy a condition which constitutes a Code Violation by such means, in such a manner, and to such an extent as the Director determines is necessary in the interest of the general health, safety and welfare of the community and the environment. (Ord. 406 § 1, 2006) | ||
Abut | To physically touch or border upon; or to share a common property line but not overlap. | ||
Access | A way or means of approach to provide vehicular or pedestrian physical entrance to a property. | ||
Access Point | The location of the intersection of a highway or street or driveway with a street. | ||
Access Tract | A piece of real property jointly owned by the fee owners or more than one lot which abuts the tract and which is intended to provide ingress, egress or utility access. | ||
Accessory Structure | A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. | ||
Accessory Use | A use of land or building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. | ||
Acre | A measure of land area containing 43,560 square feet. | ||
Adult Cabaret | Any commercial premises, including any cabaret premises, to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment to any member of the public. | ||
Adult Entertainment | A. | Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or | |
B. | Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities: | ||
1. | Human genitals in a state of sexual stimulation or arousal, | ||
2. | Acts of human masturbation, sexual intercourse or sodomy, or | ||
3. | Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts; or | ||
C. | Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the activity on the premises. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with, or engaged in with fewer than all members of the public on the premises at the time, and which is commonly referred to as table dancing, couch dancing, lap dancing, private dancing and straddle dancing. | ||
Adult Family Home | A residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services and licensed by the State pursuant to Chapter 70.128 RCW, as amended. An adult family home may have up to eight adults if approved by the State. (Ord. 824 § 1 (Exh. A), 2018; Ord. 930 § 1 (Exh. A-1), 2021) | ||
Adult Use Facility | An enterprise predominately involved in the selling, renting or presenting for commercial purposes of books, magazines, motion pictures, films, video cassettes, digital video discs (DVDs), goods, products, clothing, novelties, cable television, live entertainment, performance or activity distinguished or characterized by a predominant emphasis on the depiction, simulation or relation to “specified sexual activities” as defined for observation or use by patrons therein or off-premises. Examples of such facilities include, but are not limited to, adult retail sales, book or video stores, and establishments offering panoramas, peep shows or topless or nude dancing. | ||
Adverse Impact | A condition that creates, imposes, aggravates, or leads to inadequate, unsafe, or unhealthy conditions on a site proposed for development or on off-tract property or facilities. | ||
Affordable Housing | Housing reserved for occupancy to households whose annual income does not exceed a given percent of the King County median income, adjusted for household size, and has housing expenses no greater than 30 percent of the same percentage of median income. (Ord. 706 § 1 (Exh. A), 2015; Ord. 907 § 1 (Exh. A), 2020) | ||
Alley | A service roadway providing a primary or secondary means of automobile, service vehicle or emergency vehicle access to abutting property and not intended for primary traffic or pedestrian circulation. | ||
Alteration | Any human-induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing (vegetation), construction, compaction, excavation, or any other activity that changes the character of the critical area. (Ord. 724 § 1 (Exh. A), 2015) | ||
Amenity | A natural or created feature that enhances the aesthetic quality, visual appeal, or makes more attractive or satisfying a particular property, place, or area. | ||
Americans with Disabilities Act (ADA) | A 1990 Federal law designed to bring disabled Americans into the economic mainstream by providing them equal access to jobs, transportation, public facilities, and services. | ||
Anadromous Fish | Fish born in fresh water, which spend most of their lives in the sea and return to fresh water to spawn. Salmon, smelt, shad, striped bass, and sturgeon are common examples. (Ord. 724 § 1 (Exh. A), 2015) | ||
Annexation | The incorporation of a land area into an existing community with a resulting change in the boundaries of that community. | ||
Antenna | A device used to capture an incoming and/or to transmit an outgoing radio-frequency signal. Antennas include, but are not limited to, the following types: omni-directional (or “whip”), directional (or “panel”), parabolic (or “dish”), and ancillary antennas (antennas not directly used to provide wireless telecommunication services). | ||
Appeal Authority | The hearing body that is authorized to conduct a hearing and issue a decision on an administrative appeal. | ||
Appellant | A person, organization, association or other similar group who files a complete and timely appeal of a City decision. | ||
Applicant | A person who is the owner of the subject property, or the authorized representative of the owner of the subject property, and who has applied for a permit. | ||
Applicant Control Persons | All partners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the panoram business, based on responsibility for management or control of the panoram business, regardless of whether such person’s name appears on corporate filings, license applications, or other official documents of the applicant. | ||
Aquifer | A geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring. (Ord. 724 § 1 (Exh. A), 2015) | ||
Aquifer Recharge Areas | Areas that, due to the presence of certain soils, geology, and surface water, act to recharge ground water by percolation. Aquifer recharge areas are only designated as critical areas under WAC 365-190-080(2) when they are determined to have a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2). (Ord. 724 § 1 (Exh. A), 2015) | ||
Assisted Living Facilities | Any home or other institution that provides housing, housekeeping services, meals, laundry, activities, and assumes general responsibility for the safety and well-being of the residents, and may also provide domiciliary care, consistent with Chapters 18.20 and 74.39A RCW and Chapter 388-78A WAC, as amended, to seven or more residents. “Assisted living facility” does not include facilities certified as group training homes under RCW 71A.22.040, nor any home, institution, or section that is otherwise licensed and regulated under State law that provides specifically for the licensing and regulation of that home, institution, or section. “Assisted living facility” also does not include senior independent housing, independent living units in continuing care retirement communities, or other similar living situations, including those subsidized by the U.S. Department of Housing and Urban Development. (Ord. 907 § 1 (Exh. B), 2020) | ||
Available Capacity | The number of person trips that can be accommodated by the transportation facilities during the p.m. peak period for current and planned development based on the Transportation Element of the City’s Comprehensive Plan. (Ord. 689 § 1 (Exh. A), 2014; Ord. 997 § 1 (Exh. A), 2023) | ||
§ 20.20.012 B definitions.
Balcony | A projecting platform on a building that is either supported from below or cantilevered from the structure; enclosed with a railing or balustrade. (Ord. 871 § 1 (Exh. A), 2020) |
Balcony, Juliet | A false balcony, or railing at the outer plane of a window-opening reaching to the floor, and having, when the window is open, the appearance of a balcony. (Ord. 871 § 1 (Exh. A), 2020) |
Banner Sign | A sign constructed of cloth, canvas, or other similar lightweight material that can easily be folded or rolled, but does not include paper or cardboard. (Ord. 609 § 4 (Exh. A), 2011) |
Base Flood | (Repealed by Ord. 641 § 3 (Exh. A), 2012) |
Base Flood Elevation | (Repealed by Ord. 641 § 3 (Exh. A), 2012) |
Basement | Any area of the building having its floor subgrade (below ground level) on all sides. |
Bed and Breakfast | Overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation, but not including approved co-living housing. (Ord. 1047 § 1 (Exh. A), 2025) |
Beehive | A structure designed to contain one colony of honey bees (Apis mellifera). |
Best Available Science | Current scientific information used in the process to designate, protect, mitigate impacts to, or restore critical areas, that is derived from a valid scientific process as defined by and consistent with the criteria established in Chapter 365-195 WAC. (Ord. 724 § 1 (Exh. A), 2015; Ord. 930 § 1 (Exh. A-1), 2021) |
Best Management Practices (BMPs) | A system of practices and management measures that minimize adverse impacts to an identified resource. |
BMP Manual | (Repealed by Ord. 531 § 1 (Exh. 1), 2009) |
Bicycle | A two- or three-wheeled device propelled solely by human power or the same type of device for which human power is assisted by electric power as defined in RCW 46.04.071, as amended. (Ord. 1043 § 1 (Exh. A), 2025) |
Bicycle Parking, Long-Term | Long-term bicycle parking spaces include those in a locker or locked enclosure providing protection for each bicycle from theft, vandalism and weather. Long-term bicycle parking is meant to accommodate employees, students, residents, commuters, and others expected to park for more than four hours. (Ord. 1043 § 1 (Exh. A), 2025) |
Bicycle Parking, Short-Term | Short-term bicycle parking shall consist of a bicycle rack or racks and is meant to accommodate visitors, customers, messengers, and others expected to park not more than four hours. (Ord. 1043 § 1 (Exh. A), 2025) |
Billboard | A sign, including both the supporting structural framework and attached billboard faces, used principally for advertising a business activity, use, product, or service unrelated to the primary use or activity of the property on which the billboard is located; excluding off-premises directional, or temporary real estate signs. |
Binding Site Plan | A process that may be used to divide commercially and industrially zoned property, as authorized by State law. The binding site plan ensures, through written agreements among all lot owners, that the collective lots continue to function as one site concerning but not limited to: lot access, interior circulation, open space, landscaping and drainage, and facility maintenance. It may include a plan drawn to scale, which identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, critical areas, parking areas, landscaped areas, surveyed topography, water bodies and drainage features and building envelopes. (Ord. 695 § 1 (Exh. A), 2014; Ord. 1043 § 1 (Exh. A), 2025) |
Biologist | A person who has earned at least a Bachelor of Science degree in the biological sciences from an accredited college or university or who has equivalent educational training and experience. |
Bond | A financial guarantee in the form of a surety bond, cash deposit, escrow account assignment of savings, irrevocable letter of credit or other means acceptable to, or required by, the Director to guarantee work is in compliance with all applicable requirements. (Ord. 724 § 1 (Exh. A), 2015) |
Boulevard Street | Superseded by Ord. 654. (Ord. 609 § 4 (Exh. A), 2011) |
Brewpub | An eating establishment that includes the brewing of beer as an accessory use. The brewery shall not produce more than 1,500 barrels of beer or ale per year. (Ord. 789 § 1 (Exh. A), 2018) |
Buffer | A designated area contiguous to and for the protection of a critical area, which is required for the continued maintenance, functioning and/or structural stability of a critical area. (Ord. 724 § 1 (Exh. A), 2015) |
Buildable Area | The area of a lot remaining after the minimum yard and open space requirements of the Development Code have been met, not including critical areas and their buffers. |
Building | Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. |
Building Articulation | The emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces. See SMC § 20.50.250 for applicable standards. (Ord. 609 § 4 (Exh. A), 2011) |
Building Coverage | The percentage of the horizontal area as measured from that area within the exterior walls or columns of all buildings on a lot to the total lot area. (Ord. 850 § 1 (Exh. A), 2019) |
Building Scale | The relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings. |
Built Green™ | Built Green™ is a residential building program of the Master Builders Association developed in partnership with King and Snohomish Counties. The program provides builders, developers and consumers with easy-to-understand rating systems that quantify environmentally preferable building practices for the remodeling or construction of homes, multifamily units, and community developments. Based on the green building scores received, a home is classified as a three-, four- or five-star Built Green™ project. (Ord. 706 § 1 (Exh. A), 2015) |
§ 20.20.014 C definitions.
Caliper | American Nursery and Landscape Association standard for measurement of the diameter of a tree trunk. Caliper of the trunk shall be measured six inches above the ground. | ||
Camouflaged, Wireless Telecommunication Facility | A wireless telecommunication facility that is disguised, hidden, or integrated with an existing structure that is not a monopole, guyed, or lattice tower, or placed within an existing or proposed structure. | ||
Card Room | (Repealed by Ord. 258 § 2, 2000) | ||
Cattery | A place where adult cats are temporarily boarded for compensation, whether or not for training. An adult cat is of either sex, altered or unaltered, that has reached the age of six months. | ||
Cemetery | Property used for the interring of the dead. | ||
Certified Arborist | A person or firm with specialized knowledge of the horticultural requirements of trees, certified by the International Society of Arboriculture or by the American Society of Consulting Arborists as a registered consulting arborist. (Ord. 724 § 1 (Exh. A), 2015) | ||
Check-Cashing Services and Payday Lending | Any person or entity engaged in the business of high interest short-term lending, cashing checks, drafts, or money orders for a fee, service charge, or other consideration. (Ord. 901 § 1 (Exh. A), 2020) | ||
Church, Synagogue or Temple | A place where religious services are conducted, and including accessory uses in the primary or accessory buildings such as religious education, reading rooms, assembly rooms, and residences for nuns and clergy. This definition does not include facilities for training of religious orders. | ||
City | City of Shoreline, Washington. | ||
City Council | The City of Shoreline City Council. | ||
Clearing | The limbing, pruning, trimming, topping, cutting or removal of vegetation or other organic plant matter by physical, mechanical, chemical or other means. | ||
Clerk | The City of Shoreline employee or agent appointed by the Mayor as licensing official. | ||
Coastal High Hazard Area | (Repealed by Ord. 641 § 3 (Exh. A), 2012) | ||
Code Violation | An act or omission contrary to: | ||
A. | Any ordinance of the City, or State or Federal laws that regulate or protect the public health or the use and development of land or water, whether or not such law or ordinance is codified; and/or | ||
B. | The conditions of any permit, notice and order or stop work order issued pursuant to any such law or ordinance. | ||
Co-Living Housing | A residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building. (Ord. 1047 § 1 (Exh. A), 2025) | ||
Co-Location, Wireless Telecommunication Facility | The use of a single support structure and/or site by more than one wireless communications provider. | ||
Community Residential Facility (CRF) | (Repealed by Ord. 824 § 1 (Exh. A), 2018) | ||
Compensatory Mitigation | Replacing project-induced losses or impacts to a critical area, and includes but is not limited to creation, restoration, reestablishment, enhancement, and preservation. (Ord. 724 § 1 (Exh. A), 2015) | ||
Concurrency | The provision of adequate public facilities that are in place or will be completed no later than six years after occupancy of development. (Ord. 689 § 1 (Exh. A), 2014; Ord. 997 § 1 (Exh. A), 2023) | ||
Concurrency Test – Transportation | A comparison of the number of person trips that will be generated during the p.m. peak period by development to the available capacity of transportation facilities. (Ord. 689 § 1 (Exh. A), 2014; Ord. 997 § 1 (Exh. A), 2023) | ||
Concurrency Trip Capacity Balance Sheet – Transportation | The document created and maintained by the City to record the available capacity, reservations of capacity, and the balance of the available capacity that has been adjusted to reflect reserved person trips. (Ord. 689 § 1 (Exh. A), 2014; Ord. 997 § 1 (Exh. A), 2023) | ||
Conditional Use | A use permitted in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in the Development Code and authorized by the approving agency. | ||
Conditional Use Permit (CUP) | A permit by the approving agency stating that the conditional use meets all conditions set forth in local ordinances. | ||
Condominium | A building, or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. | ||
Conference Center | An establishment developed primarily as a meeting facility, including only facilities for recreation, overnight lodging, and related activities provided for conference participants. | ||
Conservation Easement | A legal agreement that the property owner enters into to restrict uses of the land. Such restrictions can include, but are not limited to, passive recreation uses such as trails or scientific uses and fences or other barriers to protect habitat. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property, therefore providing permanent or long-term protection. (Ord. 724 § 1 (Exh. A), 2015) | ||
Consultant, Qualified | A person who is licensed to practice in the professional field of the requested consultation or who has equivalent educational training and at least four years of professional experience. | ||
Contiguous | Next to, abutting, or touching and having a boundary, or portion thereof, in common. | ||
Contract Rezone | A concomitant agreement between the City and applicant, subject to development conditions, designed to achieve consistency with the Comprehensive Plan and to mitigate potential impacts of the rezone and resulting development. | ||
Corridor, Transportation | A transportation corridor is a significant arterial or highway which is the primary route for inter-community travel in a metropolitan area or region. Transportation corridors typically accommodate a high percentage or regional commercial and mass transit use. | ||
Corridor, Wildlife or Open Space | Wildlife or open space corridor are a series of undeveloped or minimally developed, interconnected public and private lands that supports the successful function of existing natural systems, provide opportunities for passive and active recreation (where appropriate), and enhances opportunities for wildlife mobility. | ||
Corridor, Wireless Telecommunication Facility | A linear strip of land through the City, usually having a major street, road or other type of right-of-way running through its spine or center. A “communications corridor” represents a high-volume traffic facility (e.g., I-5) along which are found several personal wireless service facilities. | ||
Cottage | (Repealed by Ord. 1027 § 1 (Exh. A), 2025) | ||
Cottage Housing | A size limited residential dwelling unit on a lot with a common outdoor space that either: (A) is owned in common; or (B) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as outdoor space. (Ord. 1027 § 1 (Exh. A), 2025) | ||
Cottage Housing Development | (Repealed by Ord. 1027 § 1 (Exh. A), 2025) | ||
Courtyard Apartment | Attached dwelling units arranged on two or three sides of a yard or court. (Ord. 1027 § 1 (Exh. A), 2025) | ||
Critical Areas | An area or ecosystem with one or more of the following environmental characteristics: | ||
A. | Geologic hazard areas, including but not limited to: | ||
1. | Landslide hazard areas, | ||
2. | Seismic hazard areas, and | ||
3. | Erosion hazard areas; | ||
B. | Fish and wildlife habitat conservation areas; | ||
C. | Wetlands; | ||
D. | Flood hazard areas; and | ||
E. | Aquifer recharge areas. (Ord. 352 § 1, 2004; Ord. 398 § 1, 2006; Ord. 724 § 1 (Exh. A), 2015) | ||
Critical Drainage Area | (Repealed by Ord. 531 § 1 (Exh. 1), 2009) | ||
Critical Root Zone (CRZ) | The area, as defined by the International Society of Arboriculture (ISA), equal to one-foot radius from the base of the tree’s trunk for each one inch of the tree’s diameter at 4.5 feet above grade (referred to as diameter at breast height). Example: A 24-inch diameter tree would have a critical root zone radius (CRZ) of 24 feet. The total protection zone, including trunk, would be 50 feet in diameter. This area is also called the tree protection zone (TPZ). The CRZ area is not synonymous with the dripline. (Ord. 955 § 1 (Exh. A), 2022) | ||
Critical Root Zone, Inner | The area, as defined by the International Society of Arboriculture (ISA), encircling the base of a tree equal to one-half the diameter of the critical root zone. This area may also be referred to as the interior critical root zone. Disturbance of this area would cause significant impact to the tree, potentially life threatening, and would require maximum post-damage treatment to retain the tree. (Ord. 955 § 1 (Exh. A), 2022) | ||
Crosswalkway | A right-of-way dedicated to public use, 10 feet or more in width, which cuts across a block to facilitate pedestrian access to adjacent streets and properties. | ||
Cul-de-sac | The bulb shaped turnaround at the end of a dead-end street. | ||
Curb | A cement, concrete or other improved boundary designed to delineate the edge of the street and to separate the vehicular portion from that provided for pedestrians. | ||
§ 20.20.016 D definitions.
Daycare | An establishment for group care of nonresident adults or children. | ||
A. | Daycare shall include adult daycare centers and the following: | ||
1. | Adult daycare, such as adult day health centers or social daycare as defined by the Washington State Department of Social and Health Services; | ||
2. | Nursery schools for children under minimum age for education in public schools; | ||
3. | Privately conducted kindergartens or pre-kindergartens when not a part of a public or parochial school; and | ||
4. | Programs covering after-school care for school children. | ||
B. | Daycare establishments are subclassified as follows: | ||
1. | Daycare I – a maximum of 12 adults or children in any 24-hour period; and | ||
2. | Daycare II – over 12 adults or children in any 24-hour period. | ||
Decision Making Authority | The Director, City Council, or other entity created by the Council of the City to hear and decide applications as identified in the Development Code of the City. | ||
Dedication | A conveyance of land by the owner of the land to some public use through a clause or covenant in a deed or some other instrument of conveyance or a duly filed plat. | ||
Deed | A legal document conveying ownership of real property. | ||
Deep Green | Refers to an advanced level of green building that requires more stringent standards for energy and water use, stormwater runoff, site development, materials, and indoor air quality than required by the Building Code. With regard to the Deep Green Incentive Program, this definition is divided into tiers based on certification programs as follows: | ||
• | Tier 1 – International Living Future Institute’s (ILFI) Living Building ChallengeTM or Living Community ChallengeTM; | ||
• | Tier 2 – ILFI’s Petal RecognitionTM or Built Green’s Emerald StarTM; | ||
• | Tier 3 – US Green Building Council’s (USGBC) Leadership in Energy and Environmental Design (LEED) PlatinumTM; Built Green’s 5-StarTM; or ILFI’s Zero EnergyTM (ZE) or Passive House Institute US’s (PHIUS)+Shift ZeroTM, in combination with Salmon SafeTM where applicable; and | ||
• | Tier 4 – Built Green’s 4-StarTM or PHIUS+TM. (Ord. 760 § 1 (Exh. A), 2017; Ord. 839 § 1 (Exh. A), 2019) | ||
Density | The number of families, individuals, dwelling units, households, or housing structures per unit of land. | ||
Density, Base | The base density is a number calculated by multiplying the site area (in acres) by the applicable number of dwelling units. | ||
Department | Planning and Community Development Department. (Ord. 695 § 1 (Exh. A), 2014) | ||
Design | The appearance of a structure including such features as material, color, and shape. | ||
Design Standards | A set of guidelines defining parameters to be followed in site and/or building design and development. | ||
Detached | Buildings with exterior walls separated by a distance of five feet. To be consistent with this definition, projections between buildings must be separated by a minimum of three feet. (Ord. 581 § 1 (Exh. 1), 2010) | ||
Developer | The person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. | ||
Development | The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, clearing, or grading; changes to surface or ground waters; or any use, change of use, or extension of the use of land. (Ord. 324 § 1, 2003) | ||
Development Agreement | A contract between the City and an applicant having ownership or control of property, or a public agency. The purpose of the development agreement is to set forth the development standards and other provisions that shall apply to, govern and vest the development, use, and mitigation of real property within the City for the duration specified in the agreement and shall be consistent with the applicable development regulations and the goals and policies in the Comprehensive Plan. (Ord. 706 § 1 (Exh. A), 2015; Ord. 741 § 1 (Exh. A), 2016) | ||
Deviation to the Engineering Standards | A mechanism to allow the City to grant an adjustment or exception to the application of engineering standards. (Ord. 531 § 1 (Exh. 1), 2009) | ||
Diameter/Diameter-breast-height (d.b.h.) | The diameter of any tree trunk, measured at four and one-half feet above average grade. For species of trees whose normal growth habit is characterized by multiple stems (e.g., hazelnut, vine maple) diameter shall mean the average diameter of all stems of the tree, measured at a point six inches from the point where the stems digress from the main trunk. In no case shall a branch more than six inches above average grade be considered a stem. For the purposes of Code enforcement, if a tree has been removed and only the stump remains, the size of the tree shall be diameter of the top of the stump. | ||
Director | Planning and Community Development Director or designee. (Ord. 406 § 1, 2006; Ord. 581 § 1 (Exh. 1), 2010; Ord. 695 § 1 (Exh. A), 2014) | ||
Dripline | An area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree’s branch tips down to the ground. | ||
Driveway | A privately maintained access to a single residential, commercial or industrial property. | ||
Driveway, Shared | A jointly owned and maintained tract or easement serving more than one dwelling unit. (Ord. 731 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1027 § 1 (Exh. A), 2025) | ||
Dwelling, Accessory | A size limited separate, complete dwelling unit attached to or contained within the structure of a principal dwelling; or contained within a separate structure that is accessory to the principal dwelling unit on the same lot. (Ord. 1027 § 1 (Exh. A), 2025) | ||
Dwelling, Apartment | A building containing multiple dwelling units that are located above other dwelling units or above commercial spaces. Apartments are not considered single-family attached dwellings. (Ord. 767 § 1 (Exh. A), 2017; Ord. 789 § 1 (Exh. A), 2018) | ||
Dwelling, Duplex | A residential building containing two attached dwelling units that are separated from each other by one-hour fire wall or floor but not including approved accessory dwelling units. (Ord. 767 § 1 (Exh. A), 2017; Ord. 1027 § 1 (Exh. A), 2025) | ||
Dwelling, Fiveplex | A residential building containing five attached dwelling units that are separated from each other by a one-hour fire wall or floor but not including approved accessory dwelling units. (Ord. 1027 § 1 (Exh. A), 2025) | ||
Dwelling, Fourplex | A residential building containing four attached dwelling units that are separated from each other by a one-hour fire wall or floor but not including approved accessory dwelling units. (Ord. 1027 § 1 (Exh. A), 2025) | ||
Dwelling, Live/Work | A structure or portion of a structure: (1) that combines a residential dwelling with a commercial use in a space for an activity that is allowed in the zone; and (2) where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises. (Ord. 706 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017) | ||
Dwelling, Multifamily | Multifamily dwellings are separate housing units contained within one building or several buildings within one complex. Multifamily dwellings have units located above other units. Apartments and mixed-use buildings with apartments are considered multifamily dwellings. (Ord. 299 § 1, 2002; Ord. 631 § 1 (Exh. 1), 2012; Ord. 767 § 1 (Exh. A), 2017; Ord. 1027 § 1 (Exh. A), 2025) | ||
Dwelling, Principal | Any dwelling unit that is not an accessory dwelling unit. (Ord. 1027 § 1 (Exh. A), 2025) | ||
Dwelling, Single-Family Attached | A building containing more than one dwelling unit attached by common vertical wall(s), such as townhouse(s), and rowhouse(s). Single-family attached dwellings shall not have units located one over another. (Ord. 469 § 1, 2007; Ord. 767 § 1 (Exh. A), 2017; Ord. 1027 § 1 (Exh. A), 2025) | ||
Dwelling, Single-Family Detached | A house containing one dwelling unit that is not attached to any other dwelling, except approved accessory dwelling unit. (Ord. 767 § 1 (Exh. A), 2017) | ||
Dwelling, Sixplex | A residential building containing six attached dwelling units that are separated from each other by a one-hour fire wall or floor but not including approved accessory dwelling units. (Ord. 1027 § 1 (Exh. A), 2025) | ||
Dwelling, Triplex | A residential building containing three attached dwelling units that are separated from each other by a one-hour fire wall or floor but not including approved accessory dwelling units. (Ord. 1027 § 1 (Exh. A), 2025) | ||
Dwelling Unit | A residential living facility, used, intended or designed to provide physically segregated complete independent living facilities for one or more persons, including living, sleeping, kitchen and sanitation facilities. A dwelling unit is to be distinguished from co-living housing or lodging, such as hotel/motel. (Ord. 299 § 1, 2002; Ord. 391 § 4, 2005; Ord. 1047 § 1 (Exh. A), 2025) | ||
§ 20.20.018 E definitions.
Early Notice | The City’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of non significance (DNS) procedures). | |
Easement | A grant by the property owner of the use of a strip of land by the public, corporation or persons for specific purposes. | |
Egress | An exit. | |
Electric Vehicle Parking Space | Any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. (Ord. 663 § 1 (Exh. 1), 2013) | |
Elevation | A. | A vertical distance above or below a fixed reference level; |
B. | A fully dimensioned drawing of the front, rear, or side of a building showing features such as windows, doors, and relationship of grade to floor level. | |
Emergency | A situation which requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons, property, or the environment. | |
Emergency Housing | Temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. (Ord. 1027 § 1 (Exh. A), 2025) | |
Emergency Temporary Shelter | A facility, the primary purpose of which is to provide accommodations and may also provide essential services for homeless individuals or families during emergency situations, such as severe weather conditions or other emergency events, for a limited period. This term does not include transitional encampments or homeless shelters. (Ord. 907 § 1 (Exh. C), 2020) | |
Engineer | A professional engineer licensed to practice in the State of Washington. | |
Engineer, City | (Repealed by Ord. 789 § 1 (Exh. A), 2018) | |
Engineering Geologist | A person licensed by the State of Washington as a professional geologist with an engineering geologist endorsement who specializes in evaluating geologic site characteristics to determine the response of geologic processes and materials to development activities, such as removal of vegetation, site grading, buildings, and civil works. (Ord. 724 § 1 (Exh. A), 2015) | |
Enhanced Services Facility | A facility that provides treatment and services to persons for whom acute inpatient treatment is not medically necessary and who have been determined by the Department of Social and Health Services to be inappropriate for placement in other licensed facilities due to the complex needs that result in behavioral and security issues and is licensed pursuant to Chapter 70.97 RCW. (Ord. 882 § 1 (Exh. C), 2020) | |
Enhanced Shelter | A 24-hour-a-day facility which is open to adults experiencing homelessness regardless of prior criminal history, addiction or mental health challenges as long as the individual is able to live safely in the community with others and abide by established program rules. The purpose is to provide safe shelter and access to resources including, but not limited to, housing, basic needs, hygiene, case management and social programs as they transition to permanent housing. (Ord. 929 § 1 (Exh. A), 2021) | |
Enhancements | Alteration of an existing resource to improve or increase its characteristics and processes without degrading other existing functions. Enhancements are to be distinguished from mitigation projects. (Ord. 724 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018) | |
Entry | Means a door where a person enters a building. (Ord. 871 § 1 (Exh. A), 2020) | |
Equipment Enclosure, Wireless Telecommunication Facility | A small structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning and emergency generators. | |
Erosion | The wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Also, detachment and movement of soil or rock fragments by water, wind, ice, or gravity. (Ord. 531 § 1 (Exh. 1), 2009) | |
Erosion Hazard Areas | Those areas in the City of Shoreline underlain by soils and with characteristic topography, which are subject to severe erosion when disturbed. (Ord. 724 § 1 (Exh. A), 2015) | |
Evaluation and Treatment Facility | Any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is licensed or certified, if required, as such by the State of Washington pursuant to Chapter 71.05 RCW. No correctional institution or facility, or jail, shall be an evaluation and treatment facility. (Ord. 882 § 1 (Exh. C), 2020) | |
Excessive Pruning | Pruning more than 25 percent of the tree canopy in one growing season or over a five-year period, unless necessary to restore the vigor of the tree or to protect life and property. (Ord. 724 § 1 (Exh. A), 2015) | |
§ 20.20.020 F definitions.
Facade | The front or face of a building emphasized architecturally. | |
Family | An individual; two or more persons living together as a single housekeeping unit; or a group living arrangement where residents receive supportive services such as counseling, foster care, or medical supervision at the dwelling unit by resident or nonresident staff. (Ord. 959 § 1 (Exh. A), 2022) | |
Federal Emergency Management Agency (FEMA) Floodway | (Repealed by Ord. 641 § 3 (Exh. A), 2012) | |
Fence | A barrier for the purpose of enclosing space or separating lots, composed of: | |
A. | Masonry or concrete walls, excluding retaining walls; or | |
B. | Wood, metal or concrete posts connected by boards, rails, panels, wire or mesh. | |
Fenestration | The design and placement of windows, doors and other exterior openings in a building. Garage doors are not considered fenestration. (Ord. 871 § 1 (Exh. A), 2020) | |
Fish and Wildlife Habitat Conservation Areas | Areas, as designated by SMC § 20.80.310, that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, movement corridors, and areas with high relative population density or species richness. These areas may additionally include locally important habitats and species. Fish and wildlife conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company. (Ord. 724 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025) | |
Fish Habitat | Habitat that is used by fish at any life stage at any time of the year, including potential habitat likely to be used by fish that could be recovered by restoration or management and includes off-channel habitat. (Ord. 724 § 1 (Exh. A), 2015) | |
Fleet Base, Major | A location where vehicles equal to or greater than 30 feet in length are stored, repaired, maintained, and dispatched. (Ord. 999 § 1 (Exh. A), 2024) | |
Fleet Base, Minor | A location where vehicles less than 30 feet in length are stored, repaired, maintained, and dispatched. (Ord. 999 § 1 (Exh. A), 2024) | |
Flood | (Repealed by Ord. 641 § 3 (Exh. A), 2012) | |
Flood Fringe | (Repealed by Ord. 641 § 3 (Exh. A), 2012) | |
Flood Hazard Areas | Those areas in the city of Shoreline identified as special flood hazard areas and protected areas as defined in Chapter 13.12 SMC, which comprise the regulatory floodplain. (Ord. 641 § 3 (Exh. A), 2012) | |
Flood Insurance Rate Map (FIRM) | (Repealed by Ord. 641 § 3 (Exh. A), 2012) | |
Flood Insurance Study for King County | (Repealed by Ord. 641 § 3 (Exh. A), 2012) | |
Flood Protection Elevation | (Repealed by Ord. 641 § 3 (Exh. A), 2012) | |
Floodplain | (Repealed by Ord. 641 § 3 (Exh. A), 2012) | |
Floodproofing | (Repealed by Ord. 641 § 3 (Exh. A), 2012) | |
Floodway | (Repealed by Ord. 641 § 3 (Exh. A), 2012) | |
Floodway, Zero-rise | (Repealed by Ord. 641 § 3 (Exh. A), 2012) | |
Floor Area, Gross | The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet. | |
Floor Area Ratio (FAR) | The gross floor area of all buildings or structures on a lot divided by the total lot area. | |
Franchise | A contractual agreement, under the authority of State law, between a utility and the City setting forth the Terms and conditions under which the City grants the utility authority to install and maintain facilities in the public rights-of-way. | |
Frontage Zone | The area adjacent to the property line where transitions between the public sidewalk and the space within buildings occur. (Ord. 997 § 1 (Exh. A), 2023) | |
Frontages | Facilities between the curb and private development along streets – typically curbs, amenities, and sidewalks. (Ord. 609 § 4 (Exh. A), 2011) | |
Functions and Values | The beneficial roles served by critical areas and their buffers including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance, and attenuation; ground water recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological, and aesthetic value protection; educational opportunities; and recreation. These beneficial roles are not listed in order of priority. (Ord. 724 § 1 (Exh. A), 2015) | |
§ 20.20.022 G definitions.
Gambling Use | One of those gambling activities regulated by the State which involve staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person’s control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling Uses include those uses regulated by the Washington State Horse Racing Commission and the Washington State Gambling Commission with the following exceptions as these uses are defined in Chapter 9.46 RCW: | |
• | Punch boards and pull tabs | |
• | Bingo and joint bingo games operated by bona fide not-for-profit organizations | |
• | Commercial amusement games | |
• | Raffles | |
• | Fund raising events | |
• | Business promotional contests of chance | |
• | Sports pools and turkey shoots | |
• | Golfing and bowling sweepstakes | |
• | Dice or coin games for music, food, or beverages | |
• | Fishing derbies | |
• | Bona fide business transactions | |
• | Activities regulated by the State Lottery Commission (Ord. 258 § 1, 2000) | |
Garbage | (Repealed by Ord. 251 § 2(B), 2000) | |
Geologic Hazard Areas | Critical areas which are susceptible to erosion, land sliding, seismic, or other geological events as designated by SMC § 20.80.210. These areas may not be suited for development activities, because they may pose a threat to public health and safety. (Ord. 724 § 1 (Exh. A), 2015) | |
Geologist | A person trained in geological sciences and licensed by the State of Washington as a professional geologist. (Ord. 724 § 1 (Exh. A), 2015) | |
Geotechnical Engineer | A practicing geotechnical/civil engineer licensed as a professional civil engineer by the State of Washington who has at least four years of professional employment as a geotechnical engineer. | |
Grade | A. | The average elevation of the land around a building; |
B. | The percent of rise or descent of a sloping surface. | |
C. | Leveling or clearing land, a land disturbing activity. | |
Grade, Existing | The elevation of the ground surface in its natural state, before construction, grading, filling, or excavation. | |
Grading | The movement or redistribution, including excavation, filling, or removing, of the soil, sand, rock, gravel, sediment, duff layer or other material on a site in a manner that alters the natural contour of the land. (Ord. 724 § 1 (Exh. A), 2015) | |
Greenlink Street | Superseded by Ord. 654. (Ord. 609 § 4 (Exh. A), 2011) | |
Groundcover | Living plants designed to grow low to the ground (generally one foot or less) and intended to stabilize soils and protect against erosion. | |
Guyed Tower | A monopole or lattice tower that is tied to the ground or other surface by diagonal cables. | |
§ 20.20.024 H definitions.
Habitats of Local Importance | Areas identified as important by the City and designated as fish and wildlife habitat conservation areas that include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. (Ord. 724 § 1 (Exh. A), 2015) | |
Handheld Equipment | Equipment such as shovels or chainsaws that are compact enough to be used or operated while being held in the hand or hands. Does not include equipment operated on the ground by pushing or self-propulsion such as lawn mowers or rototillers. (Ord. 724 § 1 (Exh. A), 2015) | |
Hardscape | Any structure or other covering on or above the ground that includes materials commonly used in building construction such as wood, asphalt and concrete, and also includes, but is not limited to, all structures, decks and patios, paving including gravel, pervious or impervious concrete and asphalt. Retaining walls, gravel, or paver paths less than four feet wide with open spacing, or the first 18 inches of eaves which project from a building wall or column are not considered hardscape. Artificial turf with subsurface drain fields and decks that drain to soil underneath have a 50 percent hardscape and 50 percent pervious value. Coverings that allow growth of vegetation between components with the ability to drain to soil underneath have a hardscape percent pervious value as determined by the Director based on the manufacturer’s specifications, which shall be provided by the applicant. (Ord. 531 § 1 (Exh. 1), 2009; Ord. 789 § 1 (Exh. A), 2018; Ord. 959 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025) | |
Hardscape Area | The total area of a lot or parcel that is covered by hardscape features and surfaces. (Ord. 531 § 1 (Exh. 1), 2009) | |
Hazardous Substance | Any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100. (Ord. 724 § 1 (Exh. A), 2015) | |
Height, Base | The height of a structure measured from the average existing grade to the highest point of the roof. | |
Helistop | An area on a roof or on the ground used for the takeoff and landing of helicopters for the purpose of loading or unloading passengers or cargo but not including fueling service, hangars, maintenance or overhaul facilities. | |
High-Capacity Transit Center | High-capacity transit centers are facilities for light rail, commuter rail, or bus rapid transit. A high-capacity transit center may provide parking lots, parking garages, real-time schedule information, lighting, benches, restrooms, food and drink, shelters and trash cans. Other features may include real-time information, special lighting or shelter design, public art and bicycle parking. (Ord. 741 § 1 (Exh. A), 2016) | |
High-use Site | High-use sites are those that typically generate high concentrations of oil due to high traffic turnover or the frequent transfer of oil. High-use sites include: | |
A. | An area of a commercial or industrial site subject to an expected average daily traffic (ADT) count equal to or greater than 100 vehicles per 1,000 square feet of gross building area; | |
B. | An area of a commercial or industrial site subject to petroleum storage and transfer in excess of 1,500 gallons per year, not including routinely delivered heating oil; | |
C. | An area of a commercial or industrial site subject to parking, storage or maintenance of 25 or more vehicles that are over 10 tons gross weight (trucks, buses, trains, heavy equipment, etc.); or | |
D. | A road intersection with a measured ADT count of 25,000 vehicles or more on the main roadway and 15,000 vehicles or more on any intersecting roadway, excluding projects proposing primarily pedestrian or bicycle use improvements. (Ord. 531 § 1 (Exh. 1), 2009) | |
Home Industry | A limited-scale sales, service or fabrication activity undertaken for financial gain, which occurs in a dwelling unit or residential accessory building, or in a barn or other resource accessory building and is subordinate to the primary use of the premises as a residence or farm. | |
Home Occupation | Any activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident’s dwelling unit. | |
Homeless Shelter | A facility operated within a building to provide short-term, temporary or transitional housing for individuals or families who are otherwise homeless and have no immediate living options available to them. Homeless shelters may not require occupants to enter into a lease or an occupancy agreement. Homeless shelter facilities may include day and warming centers that do not provide overnight accommodations. Such facilities may provide support services, food, and other services as an accessory use. (Ord. 850 § 1 (Exh. A), 2019; Ord. 1027 § 1 (Exh. A), 2025) | |
Host Agency | A public agency; a State of Washington registered nonprofit corporation; a federally recognized tax exempt 501(c)(3) organization; or a religious organization, as defined in RCW 35A.21.360, that invites a transitional encampment to reside on the land that they own or lease. (Ord. 762 § 1 (Exh. A), 2017; Ord. 959 § 1 (Exh. A), 2022) | |
Household Income | Includes all income that would be included as income for federal income tax purposes (e.g., wages, interest income) from all house-hold members over the age of 18 that reside in the dwelling unit for more than three months of the year. (Ord. 706 § 1 (Exh. A), 2015) | |
Household Pets | Small animals that are kept within a dwelling unit. | |
Housing Expenses, Ownership Housing | Includes mortgage, mortgage insurance, property taxes, property insurances, and homeowner’s dues. (Ord. 706 § 1 (Exh. A), 2015) | |
Housing Expenses, Rental Housing | Includes rent and appropriate utility allowance. (Ord. 706 § 1 (Exh. A), 2015; Ord. 959 § 1 (Exh. A), 2022) | |
§ 20.20.026 I definitions.
Impervious Surface | A nonvegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. (Ord. 531 § 1 (Exh. 1), 2009; Ord. 767 § 1 (Exh. A), 2017) |
Infiltration Rate | (Repealed by Ord. 531 § 1 (Exh. 1), 2009) |
Ingress | Access or entry. |
Invasive Species | Any nonnative organisms that cause economic or environmental harm and are capable of spreading to new areas of the State. Invasive species do not include domestic livestock, intentionally planted agronomic crops, or nonharmful exotic organisms. Invasive species include but are not limited to noxious weeds. (Ord. 724 § 1 (Exh. A), 2015) |
Issued | The date a recommendation or decision is mailed to the parties of record. |
§ 20.20.028 J definitions.
Junk Vehicle | A vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements: | |
A. | Is three years old or older; | |
B. | Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor or transmission; | |
C. | Is apparently inoperable, including a condition which makes the vehicle incapable of being operated legally on a public highway; | |
D. | Has an approximate fair market value equal only to the approximate value of the scrap in it. (Ord. 907 § 1, (Exh. B), 2020) | |
§ 20.20.030 K definitions.
Kennel | A place where adult dogs are temporarily boarded for compensation, whether or not for training. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months. |
Kitchen Facilities | A room or space used for cooking or the preparation of food with all the following: sink (not shared with sanitation facilities), stovetop with ventilation, refrigerator, and food preparation area. Portable or countertop appliances are not part of kitchen facilities. (Ord. 1047 § 1 (Exh. A), 2025) |
§ 20.20.032 L definitions.
Land Surveyor | See Surveyor. |
Land Use Application | Any application for a land use action undertaken in accordance with the Development Code of the City of Shoreline. |
Land Use Decision | A final determination by the City as defined in State law. |
Landfill | A disposal site or part of a site at which refuse is deposited. |
Landing | A road or driveway approach area to any public area or private road. |
Lands Covered by Water | All lands underlying the water areas of the State below the ordinary high water mark, including salt waters, tidal waters, estuarine waters, natural watercourses, lakes, ponds, artificially impounded waters, and wetlands consistent with WAC 197-11-756. (Ord. 724 § 1 (Exh. A), 2015) |
Landscape Architect | A person licensed by the State of Washington to engage in the practice of landscape architecture as defined by RCW 18.96.030. |
Landscape Structure | A frame supporting open latticework or beams and open rafters, such as an arbor, pergola, or trellis. Landscape structures are often used as a screen or a support for growing vines or climbing plants, an entry feature with an arch, or to better define an outdoor space. They may be freestanding or attached to another structure. (Ord. 850 § 1 (Exh. A), 2019) |
Landscape Water Features | A pond, pool or fountain used as a decorative component of a development. |
Landscaping | Live vegetative materials required for a development. Said materials provided along the boundaries of a development site is referred to as perimeter landscaping. |
Landslide | Episodic downslide movement of a mass including, but not limited to, soil, rock or snow. |
Landslide Hazard Areas | Those areas in the City of Shoreline subject to severe risks of landslides based on a combination of geologic, topographic and hydrologic factors. (Ord. 724 § 1 (Exh. A), 2015) |
Lattice Tower | A type of mount that is self-supporting with multiple legs and crossbracing of structural metal. |
Leadership in Energy and Environmental Design (LEED) | The LEED Green Building Rating System™ is a consensus-based national standard for developing high-performance, sustainable buildings. The U.S. Green Building Council (USGBC) offers this rating system, which certifies projects as LEED Certified, Silver, Gold, or Platinum based on the number of points achieved. LEED rating systems are available for new construction, existing buildings, homes, schools, healthcare facilities, tenant improvements, and neighborhood developments. (Ord. 706 § 1 (Exh. A), 2015) |
Level of Service | The established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. (Ord. 997 § 1 (Exh. A), 2023) |
Level of Service Standard – Transportation | The levels of service set forth in SMC § 20.60.140. (Ord. 689 § 1 (Exh. A), 2014; Ord. 997 § 1 (Exh. A), 2023) |
Licensed Carrier | A company authorized by the FCC to build and operate a commercial mobile radio services system. |
Light Rail Transit Facility | A light rail transit facility is a type of essential public facility and refers to any structure, rail track, equipment, maintenance base or other improvement of a light rail transit system, including but not limited to ventilation structures, traction power substations, light rail transit stations, parking garages, park-and-ride lots, and transit station access facilities. (Ord. 706 § 1 (Exh. A), 2015; Ord. 741 § 1 (Exh. A), 2016) |
Light Rail Transit System | A light rail transit system is a type of essential public facility and refers to any public rail transit line that provides high-capacity, regional transit service owned or operated by a regional transit authority authorized under Chapter 81.112 RCW. (Ord. 706 § 1 (Exh. A), 2015; Ord. 741 § 1 (Exh. A), 2016) |
Livestock, Large | Cattle, horses, and other livestock generally weighing over 500 pounds. |
Livestock, Small | Hogs, excluding pigs weighing under 120 pounds and standing 20 inches or less at the shoulder which are kept as household pets or small animals, sheep, goats, miniature horses, llamas, alpaca and other livestock generally weighing under 500 pounds. |
Living Building™ | Generates all of its own energy with renewable resources, captures and treats all of its water, and operates efficiently and for maximum beauty. With regard to the Deep Green Incentive Program, it refers specifically to the International Living Future Institute’s Living Building Challenge™ or Living Community Challenge™ programs, which are comprised of seven performance areas. These areas, or “petals”, are place, water, energy, health and happiness, materials, equity, and beauty. (Ord. 760 § 1 (Exh. A), 2017) |
Living Green Wall | A vertical garden that is attached to the exterior of a building and has a growing medium, such as soil, water or a substrate. Most green walls include an integrated water delivery system. (Ord. 871 § 1 (Exh. A), 2020) |
Loading Space | A space for the temporary parking of a vehicle while loading or unloading cargo or passengers. |
Loop | Road of limited length forming a loop, having no other intersecting road, and functioning mainly as direct access to abutting properties. A loop may be designated for one-way or two-way traffic. |
Lot | A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. (Ord. 1027 § 1 (Exh. A), 2025) |
Lot Area | The total area within the lot lines of a lot, excluding any street rights-of-way. |
Lot Coverage | That portion of the lot that is covered by buildings. |
Lot Depth | The average distance measured from the front lot line to the rear lot line. |
Lot Frontage | The length of the front lot line measured at the street right-of-way line. |
Lot Line | A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space. |
Lot Line, Front | The lot line separating a lot from a street right-of-way, or as designated at the time of subdivision approval. |
Lot Line, Rear | The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. |
Lot Line, Side | Any lot line other than a front or rear lot line. |
Lot of Record | A lot that exists as shown or described on a plat or deed in the records of the local registry of deeds. |
Lot Width | Lot width determined by lot width circle within the boundaries of the lot; provided, that no access easements are included within the circle. |
Lot Width Circle | A circle scaled within a lot which establishes lot width and depth ratios. |
Lot, Corner | A lot or parcel of land having frontage on two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees. |
Lot, Flag | A large lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway. |
Lot, Interior | A lot other than a corner lot. |
Lot, Minimum Area Of | The smallest lot area established by the Code on which a use or structure may be located in a particular district. |
Lot, Through | A lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot. |
§ 20.20.034 M definitions.
Major Pedestrian Corridor | A public right-of-way abutting properties zoned NB, CB, MB, TC-1, 2, 3, and MUR-70'. (Ord. 1047 § 1 (Exh. A), 2025) | |
Managing Agency | An organization that has the capacity to organize and manage a transitional encampment. A managing agency must be a public agency; a State of Washington registered nonprofit corporation; a federally recognized tax exempt 501(c)(3) organization; a religious organization as defined in RCW 35A.21.360; or a self-managed homeless community. A managing agency may be the same organization as the host agency. (Ord. 762 § 1 (Exh. A), 2017; Ord. 959 § 1 (Exh. A), 2022) | |
Manual on Uniform Traffic Control Devices (MUTCD) | A manual that sets forth the basic principles that govern the design and usage of traffic control devices published by the Federal High-way Administration, United States Department of Transportation. | |
Manufactured Home | A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a recreational vehicle. (Ord. 907 § 1 (Exh. B), 2020) | |
Manufactured Home Park or Subdivision | A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. | |
Marine Environment/Marine Waters | Aquatic lands and waters under tidal influence, including salt waters and estuaries to the ordinary high water mark. (Ord. 724 § 1 (Exh. A), 2015) | |
Master Development Plan | A plan that establishes site-specific development standards for an area designated campus zone. Master development plans incorporate proposed development, redevelopment and/or expansion of uses as authorized in this Code. (Ord. 507 § 4, 2008; Ord. 882 § 1 (Exh. C), 2020) | |
Median Income | The median income for King County determined by the Secretary of Housing and Urban Development (HUD) under Section 8(f)(3) of the United States Housing Act of 1937, as amended. (Ord. 706 § 1 (Exh. A), 2015) | |
Microbrewery | A facility for the production and packaging of alcoholic beverages for distribution, retail, or wholesale, or consumption on or off premises. Production is limited to no more than 15,000 barrels per year. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district. (Ord. 789 § 1 (Exh. A), 2018) | |
Microdistillery | A small operation that produces distilled spirits of no more than 4,800 barrels per year. In addition to production, tastings and sales of products for on or off premises are allowed. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district. (Ord. 789 § 1 (Exh. A), 2018) | |
Microhousing | (Repealed by Ord. 1047 § 1 (Exh. A), 2025) | |
Middle Housing | Buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, five-plexes, sixplexes, townhouses (single-family attached), stacked flats, courtyard apartments, and cottage housing. (Ord. 1027 § 1 (Exh. A), 2025) | |
Mitigation | The action taken to minimize, rectify, reduce, or eliminate adverse impacts over time and/or compensate for the loss of ecological functions resulting from development or use. (Ord. 724 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018) | |
Mixed Single-Family Attached Development | A residential development where at least 70 percent of the dwelling units are single-family attached units with the remaining single-family detached units. (Ord. 871 § 1 (Exh. A), 2020) | |
Mobile Home | A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “mobile home” does not include a “recreational vehicle.” | |
Mobile Home Park or Subdivision | A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. | |
Modification | The changing of any portion of a wireless telecommunication facility from its description in a previously approved CUP or SUP. Examples include, but are not limited to, changes in design or ownership. | |
Modulation | A stepping back or projecting forward of portions of a building face, within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure’s continuous exterior walls. (Ord. 609 § 4 (Exh. A), 2011) | |
Monitoring | Evaluating the impacts of development proposals on biologic, hydrologic and geologic systems and assessing the performance of required mitigation through the collection and analysis of data for the purpose of understanding and documenting changes in natural ecosystems, functions and features including, but not limited to, gathering baseline data. | |
Monopole | A self-supporting antenna, ground-mounted, consisting of a single shaft that is typically made of wood, steel, or concrete and provides a rack (or racks) for mounting antennas at its top. | |
Motor Vehicle and Boat Sales | An establishment engaged in the retail sale of new and/or used automobiles, recreational vehicles, motorcycles, trailers, and boats. | |
Mount | The structure or surface upon which wireless telecommunication facilities are mounted. There are three types of permanent mounts: | |
A. | Building-Mounted. A wireless telecommunication facility mount fixed to the roof or side of a building; | |
B. | Ground-Mounted. A wireless telecommunication facility mount fixed to the ground; | |
C. | Structure-Mounted. A wireless telecommunication facility fixed to a structure other than a building, such as light standards, water reservoirs, and bridges. | |
§ 20.20.036 N definitions.
Native Growth Protection Area (NGPA) | A tract or easement recorded with an approved permit, established for the following purposes, including, but not limited to, protecting vegetation, providing open space, maintaining wildlife corridors, maintaining slope stability, controlling runoff and erosion. (Ord. 724 § 1 (Exh. A), 2015) | |
Native Vegetation, Native Plant(s) | Vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest, which reasonably could have been expected to naturally occur on the site. (Ord. 724 § 1 (Exh. A), 2015) | |
Neighborhood Commercial | Primarily neighborhood-serving businesses that provide limited retail goods and services for nearby residential customers. (Ord. 1027 § 1 (Exh. A), 2025) | |
Nonconforming Lot | A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district. | |
Nonconforming Structure or Building | A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to the Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district. | |
Nonconforming Use | A use or activity that was lawful prior to the adoption, revision or amendment of the Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district. | |
Nonproject Action | A decision on policies, plans, or programs as defined in State law. | |
Noxious Weed | Any plant which is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to those plants on the State noxious weed list contained in Chapter 16-750 WAC. | |
Nuisance Vegetation | Includes the following: | |
A. | Any trees, plants, shrubs, vegetation or parts thereof, which overhang any sidewalk or street or which are situated on the property or on the portion of the street or sidewalk abutting thereon, in such a manner as to obstruct or impair the free and full use of the sidewalk or street, including the interruption or interference with the clear vision of pedestrians or person operating vehicles thereon, or interfering with sidewalks, streets, poles, wires, pipes, fixtures or any other part of any public utility situated in the street. | |
B. | Shrubs, brush, vines, trees or other vegetation growing or which has grown and died, and organic debris, which constitutes a fire hazard, or provides a harborage for rats, rodents or horticultural pests. | |
Nursing Facility | Any place that operates or maintains facilities providing convalescent or chronic care, for 24 consecutive hours for any number of patients not related by blood or marriage to the operator, who, by reason of illness or infirmity, are unable properly to care for themselves and is licensed under Chapter 388-97 WAC. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed to people who are sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a licensed practitioner of the healing arts. It may also include care of mentally challenged persons. Nothing in this definition shall be construed to include general hospitals, an evaluation and treatment facility, as licensed pursuant to Chapter 71.05 RCW, or other places which provide care and treatment for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both. Nothing in this definition shall be construed to include any guest home, hotel or related institution which is held forth to the public as providing and which is operating to give only board, room and laundry to persons not in need of medical or nursing treatment or supervision except in the case of temporary acute illness. The mere designation by the operator of any place or institution such as a hospital, sanitarium, or any other similar name, which does not provide care for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both, shall not exclude such place or institution from the provisions of this code; provided, that any nursing facility providing psychiatric treatment shall, with respect to patients receiving such treatment, comply with the provisions of RCW 71.12.560 and 71.12.570. (Ord. 824 § 1 (Exh. A), 2018; Ord. 882 § 1 (Exh. C), 2020; Ord. 1047 § 1 (Exh. A), 2025) | |
§ 20.20.038 O definitions.
Occupant | A person who is occupying, controlling or possessing real property, or their agent or representative. |
Off-street Parking Space | An area accessible to vehicles, exclusive of roadways, sidewalks, and other pedestrian facilities, that is improved, maintained and used for the purpose of parking a motor vehicle. |
Open Record Hearing | A hearing that creates the record through testimony and submission of evidence and information. An open record hearing may be either a predecision hearing or an appeal of a decision made without an open record hearing. |
Open Space Ratio | Total area of open space divided by the total site area in which the open space is located. |
Ordinance | The ordinance, resolution, or other procedure used by the City to adopt regulatory requirements. |
Ordinary High Water Mark (OHWM) | The mark found by examining the bed and banks of a stream, lake, or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In any area where the ordinary high water mark cannot be found, the line of mean high water shall substitute. In any area where neither can be found, the top of the channel bank shall substitute. In braided channels and alluvial fans, the ordinary high water mark or line of mean high water shall be measured so as to include the entire stream feature. |
Outdoor Performance Center | An establishment for the performing arts with open air seating for audiences. Such establishments may include related services such as food and beverage sales and other concessions. |
Outdoor Storage | The storage of any products, materials, equipment, machinery, or scrap outside the confines of a fully enclosed building. Outdoor storage does not include items used for household maintenance such as hoses, ladders, wheelbarrows, and gardening equipment. (Ord. 896 § 1 (Exh. A), 2020) |
Owner | An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land. |
Owner of Record | The person or entity listed as the owner of the property in the records of the King County Auditor. |
Ownership Interest | Having property rights as a fee owner, contract purchaser, mortgagee, or deed of trust beneficiary or grantor. |
§ 20.20.040 P definitions.
Panoram, “Preview”, “Picture Arcade” or “Peep Show” | Any device which, for payment of a fee, membership fee or other charge, is used to view, exhibit or display a film or videotape. All such devices are denominated by the terms “panoram” or “panoram device”. The terms “panoram” or “panoram device” do not include games which employ pictures, views or video displays, or gambling devices regulated by the State. | |
Panoram Premises | Any premises or portion of any premises on which any panoram device is located and to which members of the public are admitted. The term “panoram premises” does not include movie or motion picture theater auditoriums capable of seating more than five people. | |
Panoram Station | A portion of any panoram premises on which a panoram device is located and where a patron or customer would ordinarily be positioned while watching the panoram device. | |
Parent Lot | A lot which is subdivided into unit lots through the unit lot subdivision process. (Ord. 1027 § 1 (Exh. A), 2025) | |
Parking Areas | Any area used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets. Outdoor display areas of vehicles for sale or lease, where such uses are permitted uses, are not considered parking areas. (Ord. 609 § 4 (Exh. A), 2011; Ord. 1043 § 1 (Exh. A), 2025) | |
Parking Lot Aisle | Portion of the off-street parking area used exclusively for the maneuvering and circulation of motor vehicles and in which parking is prohibited. | |
Parking Space | An area accessible to vehicles, improved, maintained and used for the purpose of parking a motor vehicle. (Ord. 1043 § 1 (Exh. A), 2025) | |
Parking Space Angle | The angle measured from a reference line, generally the property line or center line of an aisle, at which motor vehicles are to be parked. | |
Party of Record | A. | A person who testifies at a hearing; |
B. | The applicant; | |
C. | For Type B and C actions, persons submitting written testimony about a matter pending before the decision-making authority; or | |
D. | The appellant(s) and respondent(s) in an administrative appeal. (Ord. 907 § 1 (Exh. B), 2020) | |
Pavement Width | Paved area on shoulder-type roads or paved surface between curb, thickened edge or gutter flow line on all other roads. | |
Pawnshop | Every person who takes or receives by way of pledge, pawn, or exchange goods, wares, merchandise or any kind of personal property whatever for the repayment of security of any money loaned thereon, or to loan money on deposit of personal property, or makes a public display of any sign indicating that they have money to loan on personal property on deposit or pledge. (Ord. 901 § 1 (Exh. A), 2020) | |
Permanent Supportive Housing | Subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history and personal behaviors. Permanent supportive housing is paired with off-site or on-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident’s health status, and connect the resident of the housing with community-based health care, treatment or employment services. Permanent supportive housing is subject to all the rights and responsibilities defined in Chapter 59.18 RCW. (Ord. 1027 § 1 (Exh. A), 2025) | |
Permit | Written permission issued by the City, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization. | |
Permitted Use | Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. | |
Person | Includes every natural person, firm, copartnership, corporation, association, or organization. | |
Personal Services | Primarily neighborhood businesses that provide services, not goods, that occur on a regular basis such as spas, nail and hair salons, barber shops, and massage. (Ord. 1027 § 1 (Exh. A), 2025) | |
Pervious Surface | Any material that permits full or partial absorption of stormwater into previously unimproved land. | |
Plat | A. | A map representing a tract of land showing the boundaries and location of individual properties and streets; |
B. | A map of a subdivision or site plan. | |
Plat, Final | A map of all or a portion of a subdivision or site plan that is presented to the approving authority for final approval. | |
Plat, Preliminary | An accurate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, tracts, and other elements of a subdivision consistent with the requirements of the Code. | |
Plot | A. | A single unit parcel of land; |
B. | A parcel of land that can be identified and referenced to a recorded plat or map. | |
Pollinator Habitat | A landscaped area which is entirely comprised of native plants, of which at least 80 percent are pollen or nectar producing, includes at least one educational sign, and is managed without the application of pesticides. The intent of pollinator habitat is to provide an area for native pollinator foraging, increase the connectivity of all pollinator habitats, and educate residents on the importance of pollination. (Ord. 984 § 1 (Exh. A), 2023) | |
Potable Water | Water suitable for human consumption. | |
Practical Alternative | An alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and has less adverse impacts to critical areas. (Ord. 724 § 1 (Exh. A), 2015) | |
Prime Wireless Location | A site, or area, designated by the City as suitable for location of wireless telecommunication facilities due to their potential for effective service provision to specific areas of the City. | |
Priority Habitat | Habitat type or elements with unique or significant value to one or more species as classified by the State Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. (Ord. 724 § 1 (Exh. A), 2015) | |
Private Stormwater Management Facility | A surface water control structure installed by a project proponent to retain, detain, infiltrate or otherwise limit runoff from an individual or group of developed sites specifically served by such structure. (Ord. 767 § 1 (Exh. A), 2017) | |
Professional Office | An office used as a place of business by licensed professionals, such as attorneys, accountants, architects, and engineers, or persons in other generally recognized professions, which use training or knowledge of a technical, scientific or other academic discipline as opposed to manual skills. Professional offices shall not involve outside storage, fabrication, or on-site transfer of commodity. (Ord. 896 § 1 (Exh. A), 2020) | |
Protected Tree/Protected Vegetation | A tree or area of understory vegetation identified on an approved tree protection and replacement plan (or other plan determined to be acceptable by the Director) to be retained and protected during construction and/or permanently protected by easement, tract, or covenant restriction. A protected tree may be located outside or within an NGPA, critical area or critical area buffer. (Ord. 724 § 1 (Exh. A), 2015) | |
Protection Measure | A practice or combination of practices (e.g., construction barriers, protective fencing, tree wells, etc.) used to control construction or development impacts to vegetation that is approved for protection. | |
Protective Fencing | A temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation which is designated for retention. | |
Public Agency | Any agency, political subdivision or unit of local government of this State including, but not limited to, municipal corporations, special purpose districts and local service districts, any agency of the State of Washington, the United States or any state thereof or any Indian tribe recognized as such by the Federal government. | |
Public Agency Office or Public Utility Office | An office for the administration of any public governmental or utility activity or program. (Ord. 695 § 1 (Exh. A), 2014) | |
Public Agency Yard or Utility Yard | A facility for open or enclosed storage, repair, and maintenance of vehicles, equipment, or related materials, excluding document storage. (Ord. 695 § 1 (Exh. A), 2014) | |
Public Places | Outdoor spaces on private property that facilitate only pedestrians to gather. (Ord. 609 § 4 (Exh. A), 2011; Ord. 654 § 1 (Exh. 1), 2013) | |
§ 20.20.042 Q definitions.
Qualified Professional | A person with experience, training and competence in the pertinent discipline. A qualified professional must be licensed to practice in the State of Washington in the related professional field, if such field is licensed. If not licensed, a qualified professional must have a national certification in the pertinent field. If national certification in the field does not exist, the minimum qualification should be a bachelor’s degree with 10 years of related professional work, or master’s degree in the field and three years of related professional work. Minimum qualifications for specific fields of practice shall include but not be limited to the following: | ||
A. | Arborists must be certified arborists as defined in SMC § 20.20.014 and have a valid ISA Tree Risk Assessment Qualification (TRAQ). | ||
B. | Professionals for geologic hazard areas must be licensed and endorsed in the State of Washington as a geotechnical engineer or engineering geologist as defined in SMC §§ 20.20.018 and 20.20.022. | ||
C. | Professionals for streams and other fish and wildlife habitat must have a degree in biology, environmental planning, natural science, stream ecology or related field and the minimum years of experience, listed above, related to the subject habitat or species. | ||
1. | Professionals determining site potential tree height must be either a Certified Forester with the Society of American Foresters or a Consulting Forester with the Association of Consulting Foresters. | ||
D. | Professionals for vegetation restoration planning where specific expertise for wetlands, streams or other fish and wildlife habitat is not required must have a degree in botany, environmental planning, natural science, ecology, landscape architecture or a related field and the minimum years of experience, listed above, with an emphasis on restoration ecology and vegetation management associated with critical areas and buffers. Professionals must demonstrate a minimum of three years of experience with the type of critical area or buffer for which the critical area report is being submitted. | ||
E. | Professionals for wetlands must be currently certified as a professional wetland scientist (PWS) with the Society of Wetland Scientists or meet the minimum education and years of experience, listed above, as a wetlands professional. | ||
F. | Minimum qualifications of professionals for other disciplines shall be determined by the Director consistent with the minimum qualifications defined above and specific to the discipline identified. (Ord. 324 § 1, 2003; Ord. 724 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025) | ||
§ 20.20.044 R definitions.
Reasonable Use | The minimum use to which a property owner is entitled under applicable State and Federal constitutional provision, including takings and substantive due process. (Ord. 324 § 1, 2003; Ord. 398 § 1, 2006) | |
Record | The oral testimony and written exhibits submitted at a hearing. The tape recording of the proceeding shall be included as part of the record. | |
Recreational Vehicle | A vehicle designed primarily for recreational camping, travel or seasonal use which has its own motive power or is mounted on or towed by another vehicle, including but not limited to: | |
A. | Travel trailer; | |
B. | Folding camping trailer; | |
C. | Park trailer; | |
D. | Truck camper; | |
E. | Motor home; and | |
F. | Multi-use vehicle. | |
Recyclable Material | A nontoxic, recoverable substance that can be reprocessed for the manufacture of new products. | |
Refuse | Includes, but is not limited to, all abandoned and disabled vehicles, all appliances or parts thereof, vehicle parts, broken or discarded furniture, mattresses, carpeting, all old iron or other scrap metal, glass, paper, wire, plastic, boxes, old lumber, old wood, and all other waste, garbage (as defined by SMC § 13.14.010(19)) or discarded material. (Ord. 251 § 2(C), 2000; Ord. 850 § 1 (Exh. A), 2019) | |
Regional Stormwater Management Facility | A surface water control structure installed in or adjacent to a stream or wetland of a basin or sub-basin. Such facilities protect downstream areas identified by the City as having previously existing or predicted significant regional basin flooding or erosion problems. (Ord. 531 § 1 (Exh. 1), 2009) | |
Regional Transit Authority | Regional transit authority refers to an agency formed under the authority of Chapters 81.104 and 81.112 RCW to plan and implement a high-capacity transportation system within a defined region. (Ord. 741 § 1 (Exh. A), 2016) | |
Relocation Facilities | Housing units within the City of Shoreline that provide housing to persons who have been involuntarily displaced from other housing units within the City of Shoreline as a result of conversion of their housing unit to other land uses. | |
Remediation | To restore a site to a condition that complies with critical area or other regulatory requirements as they existed when the violation occurred; or, for sites that have been degraded under prior ownerships, restore to a condition which does not pose a probable threat to the environment or to the public health, safety, or welfare. Remediation does not mandate a return to pre-development conditions in critical areas. (Ord. 724 § 1 (Exh. A), 2015) | |
Reserve and Reservation | To set aside or otherwise note in the City’s concurrency trip capacity balance sheet in a manner that assigns capacity to the applicant’s building permit and prevents the same capacity from being assigned to any other applicant. (Ord. 689 § 1 (Exh. A), 2014) | |
Residential Care Facility (RCF) | A State licensed facility that provides, on a regular basis, personal care including dressing and eating and health-related care and services for not more than 15 functionally disabled persons. A residential care facility shall not provide the degree of care and treatment that a hospital provides. The following are not considered an RCF: a residential treatment facility, as licensed pursuant to Chapter 71.12 RCW; an adult family home, as licensed pursuant to Chapter 70.128 RCW; an evaluation and treatment facility, as licensed pursuant to Chapter 71.05 RCW; and an enhanced service facility, as licensed pursuant to Chapter 70.97 RCW. (Ord. 824 § 1 (Exh. A), 2018; Ord. 882 § 2 (Exh. C), 2020) | |
Residential Treatment Facility | A facility licensed by the State pursuant to Chapter 71.12 RCW and Chapter 246-337 WAC that provides 24-hour on-site care for the evaluation, stabilization, or treatment of residents for substance abuse, mental health, or co-occurring disorders. The facility includes rooms for social, educational, and recreational activities, sleeping, treatment, visitation, dining, toileting, and bathing. A residential treatment facility is not considered an evaluation and treatment facility as defined in Chapter 71.05 RCW. (Ord. 824 § 1 (Exh. A), 2018; Ord. 882 § 1 (Exh. C), 2020) | |
Responsible Official | A person or persons designated by the City’s SEPA procedures to undertake its procedural responsibility as lead agency. | |
Restoration | Measures taken to restore an altered or damaged critical area or any associated buffer to a state in which its stability and functions approach its unaltered state as closely as possible, including: | |
A. | Active steps taken to restore damaged critical areas or their buffers to the functioning condition that existed prior to an unauthorized alteration; and | |
B. | Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events. (Ord. 724 § 1 (Exh. A), 2015) | |
Review Authority | The Planning Commission or other entity entitled to hold predecision open record hearings and make recommendations to the decision making body. | |
Right-of-Way | Property granted or reserved for, or dedicated to, public use for street purposes and utilities, together with property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways, and parking whether improved or unimproved, including the air rights, sub-surface rights and easements thereto. (Ord. 352 § 1, 2004) | |
Right-of-Way Permit | A class of permit issued by the City prior to any construction, use, or activity performed at a specific location in the City’s public right-of-way. Permits may include long-term installation of a facility or improvement in the absence of a franchise (right-of-way site permit) or standard maintenance operations by a franchise holder (right-of-way blanket permit). (Ord. 244 § 2, 2000) | |
Right-of-Way, Railroad | Property granted or reserved for, or dedicated to, railroad use, including all facilities accessory to and used directly for railroad operation. (Ord. 352 § 1, 2004) | |
Riparian Habitat | Areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities. (Ord. 724 § 1 (Exh. A), 2015) | |
Riparian Management Zone | The area adjacent to a stream that has the potential to provide full riparian ecosystem functions for a stream including but not limited to bank stability, shade, pollution removal, contributions of detrital nutrients, recruitment of large woody debris, and wildlife habitat. (Ord. 1045 § 1 (Exh. A), 2025) | |
Risk Potential Activity or Risk Potential Facility | In accordance with RCW 71.09.020, means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. Risk potential activities and facilities include: public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, and other activities and facilities identified by the State Department of Social and Health Services following the hearings on a potential site required in RCW 71.09.315. School bus stops do not include bus stops primarily used for public transit. (Ord. 309 § 1, 2002) | |
Road | A public or recorded private thoroughfare providing pedestrian and vehicular access through neighborhoods and communities and to abutting property. | |
Road, Private | A private vehicular access that serves multiple parcels. | |
Roofline Modulation | Refers to a variation in roof form. See SMC § 20.50.250(B)(4) for provisions. (Ord. 609 § 4 (Exh. A), 2011) | |
Runoff | Water not absorbed by the soil in the landscape area to which it is applied. | |
§ 20.20.046 S definitions.
Salmonid | A member of the fish family salmonidae, including: | |
A. | Chinook, coho, chum, sockeye and pink salmon; | |
B. | Rainbow, steelhead and cutthroat trout or salmon; | |
C. | Brown trout; | |
D. | Brook and dolly varden trout or char; | |
E. | Kokanee; and | |
F. | Whitefish. (Ord. 724 § 1 (Exh. A), 2015) | |
Sanitation Facilities | A room or space that contains all the following: sink (not shared with kitchen facilities), toilet, and shower and/or bathtub. (Ord. 1047 § 1 (Exh. A), 2025) | |
Scale | A. | The relationship between distances on a map and actual ground distances; |
B. | The proportioned relationship of the size of parts to one another. | |
Scale of Development | The relationship of a particular project or development, in terms of size, height, bulk, intensity, and aesthetics, to its surroundings. | |
School Bus Base | An establishment for the storage, dispatch, repair and maintenance of coaches and other vehicles of a school transit system. | |
Schools, Elementary, and Middle/Junior High | Institutions of learning offering instruction in the several branches of learning and study required by the Education Code of the State of Washington in grades kindergarten through nine, including associated meeting rooms, auditoriums and athletic facilities. | |
Schools, Secondary or High School | Institutions of learning offering instruction in the several branches of learning and study required by the Education Code of the State of Washington in grades nine through 12, including associated meeting rooms, auditoriums and athletic facilities. | |
Secure Community Transitional Facility (SCTF) | A residential facility for persons civilly committed and conditionally released to a less restrictive community-based alternative under Chapter 71.09 RCW operated by or under contract with the Washington State Department of Social and Health Services. A secure community transitional facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. SCTFs shall not be considered residential care facilities. (Ord. 309 § 2, 2002; Ord. 515 § 1, 2008; Ord. 581 § 1 (Exh. 1), 2010; Ord. 824 § 1 (Exh. A), 2018) | |
Security Barrier | A wall, fence or berm that has the purpose of sealing an area from unauthorized entry or trespass. | |
Seismic Hazard Areas | Those areas in the City of Shoreline subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement or subsidence, soil liquefaction, surface faulting, or tsunamis. (Ord. 724 § 1 (Exh. A), 2015) | |
Self-Storage Facility | Any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property on a self-service basis, but does not include a garage or other storage area in a private residence. No occupant may use a self-storage facility for residential purposes. Self-storage facility is synonymous with self-service storage facility, mini-warehouse, and mini-storage. (Ord. 765 § 1 (Exh. A), 2016) | |
Senior Citizen | A person aged 62 or older. | |
Senior Citizen Affordable Housing | Structures that provide accommodation for households with: | |
A. | Income no greater than 60 percent of the King County Area Median Income (adjusted for household size) with rent no greater than 30 percent of household income; and | |
B. | At least one occupant is 55 years of age or older; and | |
C. | A maximum of three occupants per dwelling unit. (Ord. 581 § 1 (Exh. 1), 2010) | |
Senior Citizen Assisted Housing | (Repealed by Ord. 907 § 1 (Exh. B), 2020) | |
SEPA | State Environmental Policy Act. | |
SEPA Rules | Chapter 197-11 WAC adopted by the Department of Ecology. | |
SEPA Threshold Determination | The decision by the responsible official of the lead agency whether or not an environmental impact statement is required for a proposal that is not categorically exempt. | |
Setback | The distance between the building and any lot line. | |
Setback Line | That line that is the required minimum distance from any lot line and that establishes the area within which the principal structure must be erected or placed. | |
Setback, Aggregate Yard | Total yard setback area that equals the sum of the minimum front yard, rear yard, and side yard setbacks. (Ord. 299 § 1, 2002) | |
Setback, Front Yard | A space extending the full width of the lot between the front property line and the yard setback line which is measured perpendicular from the front lot line to the minimum yard setback line. (Ord. 299 § 1, 2002) | |
Setback, Rear Yard | A space extending across the full width of the lot between the rear lot line and the yard setback line which is measured perpendicular from the rear lot line to the minimum yard setback line. (Ord. 299 § 1, 2002) | |
Setback, Side Yard | A space extending from the front yard to the rear yard measured perpendicular from the side lot line to the minimum yard setback line. (Ord. 299 § 1, 2002) | |
Shared-Space | A street that facilitates pedestrian, bicycle, and vehicular traffic within a shared space. They typically lack separate pavement and include a variety of surface treatments, bollards, lighting, and land-scaping to define a shared space. They are also known as a woonerf, home zone, or living street. (Ord. 871 § 1 (Exh. A), 2020) | |
Shipping Containers | Steel or wooden containers used for shipping and storage of goods or materials. The typical dimensions for these containers are eight feet, six inches high, 20 to 40 feet long with a width of seven feet. (Ord. 299 § 1, 2002) | |
Shorelines Hearings Board | A quasi-judicial body established with the State Environmental Hearings Office under State law. | |
Short Subdivision, Final | A surveyed map of a short subdivision to be recorded with the County. | |
Short Subdivision, Preliminary | A subdivision which has been preliminarily found to successfully meet all requirements for approval but whose improvements have not yet been constructed, are under construction or are completed but not yet inspected and found to be in compliance with the conditions of approval. | |
Shoulder | The paved or unpaved portion of the roadway outside the traveled way that is available for emergency parking or nonmotorized use. | |
Sidewalk | All hard-surface walkways within public rights-of-way in the area between the street margin and the roadway, including driveways. | |
Sign | Any material, structure, device, fixture, placard, or part thereof, that is visible from a public right-of-way or surrounding properties, that incorporates graphics, letters, figures, symbols, trademarks, or written copy for the purposes of conveying a particular message to public observers, such as promoting or identifying any establishment, product, goods, service, or event. Painted wall designs or patterns which do not represent a product, service, or registered trademark, and which do not identify the user or establishment, are not considered signs. If a design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. (Ord. 850 § 1 (Exh. A), 2019) | |
Sign, Building-Mounted | A sign permanently attached to a building, including flushmounted, projecting, awning, canopy, or marquee signs. Underawning or blade signs are regulated separately. (Ord. 654 § 1 (Exh. 1), 2013) | |
Sign, Monument | A freestanding sign that has integrated the structural component of the sign into the design of the sign and sign base. Monument signs may also consist of painted text, cabinet, or channel letters mounted on a fence, freestanding wall, or retaining wall where the total height of the structure meets the limitations of this code. (Ord. 654 § 1 (Exh. 1), 2013) | |
Sign, Portable | A sign that is readily capable of being moved or removed, whether attached or affixed to the ground or any structure that is typically intended for temporary display. (Ord. 654 § 1 (Exh. 1), 2013) | |
Sign, Temporary | A sign that is only permitted to be displayed for a limited period of time, after which it must be removed. (Ord. 654 § 1 (Exh. 1), 2013) | |
Sign, Under-Awning | A sign suspended below a canopy, awning or other overhanging feature of a building. (Ord. 654 § 1 (Exh. 1), 2013) | |
Sign, Window | A sign applied to a window or mounted or suspended directly behind a window. (Ord. 654 § 1 (Exh. 1), 2013) | |
Site Development Permit | A permit, issued by the City, to develop, redevelop or partially develop a site exclusive of any required building or land use permit. A site development permit may include one or more of the following activities: paving, grading, clearing, tree removal, on-site utility installation, stormwater facilities, walkways, striping, wheelstops or curbing for parking and circulation, landscaping, critical area and buffer mitigation, enhancement, remediation, or restoration. (Ord. 352 § 1, 2004; Ord. 439 § 1, 2006; Ord. 724 § 1 (Exh. A), 2015) | |
Site Plan | The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, wetlands, waterways, critical areas and critical area buffers; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Ord. 724 § 1 (Exh. A), 2015) | |
Sleeping Unit | A single unit that provides rooms or spaces for one or more persons, includes permanent provisions for sleeping and can include provisions for living, eating and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. (Ord. 1047 § 1 (Exh. A), 2025) | |
Special Drainage Areas | An area which has been formally determined by the City to require more restrictive regulation than City-wide standards afford in order to mitigate severe flooding, drainage, erosion or sedimentation problems which result from the cumulative impacts of development. (Ord. 531 § 1 (Exh. 1), 2009) | |
Special Overlay District (SO) | Superseded by Ord. 654. | |
Special Use Permit | A permit issued by the City that must be acquired before a special exception use can be constructed. | |
Specialized Instruction School | An establishment engaged in providing specialized instruction in a designated field of study, rather than a full range of courses in unrelated areas, including, but not limited to: | |
A. | Art; | |
B. | Dance; | |
C. | Music; | |
D. | Cooking; | |
E. | Driving; and | |
F. | Pet obedience training. | |
Sports Club | An establishment engaged in operating physical fitness facilities and sports and recreation clubs, including: | |
A. | Physical fitness facilities; and | |
B. | Membership sports and recreation clubs. | |
Stacked Flat | Dwelling units in a residential building of no more than three stories in which each floor may be separately rented or owned. This does not include approved accessory dwelling units. (Ord. 1027 § 1 (Exh. A), 2025) | |
Standing | A showing that a party’s interests are arguably within the zone of interests protected by the land use review process, and that the decision may cause the party injury-in-fact. | |
State | The State of Washington. | |
Steep Slope Hazard Areas | (Repealed by Ord. 724 § 1 (Exh. A), 2015) | |
Storefront | A pedestrian-oriented facade placed up to the edge of a public sidewalk. (Ord. 609 § 4 (Exh. A), 2011) | |
Storefront Street | Superseded by Ord. 654. (Ord. 609 § 4 (Exh. A), 2011) | |
Stormwater Manual | The most recent version of the Stormwater Management Manual for Western Washington published by Washington Department of Ecology (“Stormwater Manual”). (Ord. 531 § 1 (Exh. 1), 2009; Ord. 767 § 1 (Exh. A), 2017) | |
Stream Functions | Natural processes performed by streams including functions which are important in facilitating food chain production, providing habitat for nesting, rearing and resting sites for aquatic, terrestrial and avian species, maintaining the availability and quality of water, such as purifying water, acting as recharge and discharge areas for ground water aquifers, moderating surface water and stormwater flows and maintaining the free flowing conveyance of water, sediments and other organic matter. | |
Streams | Those areas where surface waters produce a defined channel or bed, not including irrigation ditches, canals, storm or surface water runoff devices or other entirely artificial watercourses, unless they are used by fish or are used to convey streams naturally occurring prior to construction. A channel or bed need not contain water yearround; provided, that there is evidence of at least intermittent flow during years of normal rainfall. (Ord. 398 § 1, 2006; Ord. 724 § 1 (Exh. A), 2015) | |
Street | A public or recorded private thoroughfare providing pedestrian and vehicular access through neighborhoods and communities and to abutting property. | |
Street Wall | A wall or portion of a wall of a building facing a public right-of-way that frames the public realm, creating a sense of enclosure for pedestrians. (Ord. 871 § 1 (Exh. A), 2020) | |
Structure | Anything permanently constructed in or on the ground, or over the water, excluding fences and signs less than six feet in height, decks less than 18 inches above grade, paved areas, and structural or nonstructural fill. | |
Subdivision | The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale, development, or lease. | |
Subdivision, Formal | A subdivision of 10 or more lots. (Ord. 819 § 1 (Exh. A), 2018) | |
Subdivision, Short | A subdivision of nine or fewer lots. (Ord. 819 § 1 (Exh. A), 2018) | |
Submerged Land | Any land at or below the ordinary high water mark. | |
Substantial Development | (Repealed by Ord. 724 § 1 (Exh. A), 2015) | |
Substantial Improvement | (Repealed by Ord. 641 § 3 (Exh. A), 2012) | |
Surveyor | A person licensed by the State of Washington to engage in the practice of land surveying, as defined by RCW 18.43.020. | |
§ 20.20.048 T definitions.
Temporary Use | A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period. |
Tobacco/Vape Store | Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia, including electronic nicotine delivery systems and associated nicotine products; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells tobacco products or paraphernalia as an ancillary sale shall not be defined as a “tobacco/vape store.” (Ord. 901 § 1 (Exh. A), 2020) |
Transfer of Development Rights | The transfer of development rights program is to provide a voluntary, incentive-based process for permanently preserving rural resource and urban separator lands that provide a public benefit. The TDR provisions are intended to supplement land use regulations, resource protection efforts and open space acquisition programs and to encourage increased residential development density, especially inside cities, where it can best be accommodated with the least impacts on the natural environment and public services. (Ord. 706 § 1 (Exh. A), 2015) |
Transfer Station | Staffed collection and transportation facility used by private individuals and route collection vehicles to deposit solid waste collected off-site into larger transfer vehicles for transport to permanent disposal sites, and may also include recycling facilities involving collection or processing for shipment. |
Transit Base | (Repealed by Ord. 999 § 1 (Exh. A), 2024) |
Transit Park and Ride Lot | Parking specifically for the purpose of access to a public transit system. (Ord. 1043 § 1 (Exh. A), 2025) |
Transit Stop, Frequent | A stop for a bus or other transit mode providing actual fixed route service at intervals of at least 15 minutes for at least five hours during the peak hours of operation on weekdays and stops on routes that run on high occupancy vehicle lanes, including those stops that are planned or under construction. (Ord. 1027 § 1 (Exh. A), 2025) |
Transit Stop, Major | A stop on a high-capacity transportation system funded or expanded under the provisions of Chapter 81.104 RCW, commuter rail stops, stops on rail or fixed guideway systems, and stops on bus rapid transit routes, including those stops that are planned or under construction. (Ord. 1027 § 1 (Exh. A), 2025) |
Transitional Encampments | Temporary campsites for the homeless organized by a managing agency. (Ord. 762 § 1 (Exh. A), 2017) |
Transitional Housing | Housing units within the City of Shoreline owned by public housing authorities, nonprofit organizations or other public interest groups that provide housing to homeless persons or families in conjunction with job training, self sufficiency training, and human services counseling, the purpose of which is to help persons and families make the transition from homelessness to placement in permanent housing, generally in less than two years. (Ord. 1027 § 1 (Exh. A), 2025) |
Transmission Equipment | Equipment, such as antennas and satellites, or point-to-point microwave dishes, that transmit or receive radio signals. |
Transmission Line Booster Station | An establishment containing equipment designed to increase voltage of electrical power transported through transmission and/or distribution lines to compensate for power loss due to resistance. |
Transmission Structure | A structure intended to support transmission equipment or function as an antenna for AM radio or an earth station satellite dish antenna. The term does not include brackets, platforms, or other apparatus which mount transmission equipment onto transmission structures, buildings or other structures. |
Transmitter Building | A building used to contain communication transmission equipment. |
Transparent Window | A window that is capable of transmitting light so that objects or images can be seen as if there were no intervening material. (Ord. 609 § 4 (Exh. A), 2011) |
Transportation Facilities | For the purpose of concurrency means those roads and streets functionally classified as principal and minor arterials. “Transportation facilities” also means signalized intersections on arterial streets and unsignalized intersecting arterials. “Transportation facilities” does not include those facilities specifically identified as exempt in the City’s Transportation Master Plan. (Ord. 689 § 1 (Exh. A), 2014) |
Transportation System Management (TSM) | Low-cost projects that can be implemented in a short time frame designed to increase the efficiency of existing transportation facilities. This also includes transit and/or ride sharing measures to decrease single occupancy vehicle trips. |
Tree | A self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, with a potential at maturity for a trunk diameter of two inches and potential minimum height of 10 feet. |
Tree and Vegetation Removal | Removal of a tree(s) or vegetation, through either direct or indirect actions including, but not limited to, clearing, cutting, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or any filling, excavation, grading, or trenching in the dripline area of a tree which has the potential to cause irreversible damage to the tree, or relocation of an existing tree to a new planting location. |
Tree, Broad-Leafed | Trees with flat leaves, not scaled or needle shaped, which usually lose their foliage at the end of the growing season. Examples include maples, alders, willows, and Pacific Madrone. |
Tree Canopy | The total area of the tree or trees where the uppermost layer of the tree or group of trees are formed by the leaves and branches of dominant tree crowns. (Ord. 955 § 1 (Exh. A), 2022) |
Tree, Coniferous | Any of various mostly needle-leaved or scale-leaved, chiefly evergreen, cone-bearing gymnospermous trees, such as pines, spruces, and firs. |
Tree, Deciduous | Trees that shed or otherwise loose their foliage at the end of the growing season, such as maples, alders, oaks, and willows. |
Tree, Evergreen | Trees that maintain the majority of their foliage each year when grown in the Shoreline area. Examples of evergreen trees include pines, firs, Douglas fir, and the Pacific Madrone. |
Tree, Hazardous | A tree that is either dead, permanently damaged and/or is continuing in declining health or is so affected by a significant structural defect or disease that falling or failure appears imminent, or a tree that impedes safe vision or traffic flow, or that otherwise currently poses a threat to life or property. (Ord. 955 § 1 (Exh. A), 2022) |
Tree, Landmark | Any healthy tree over 24 inches in diameter at breast height (dbh) that is worthy of long-term protection due to a unique combination of size, shape, age, location, aesthetic quality for its species or any other trait that epitomizes the character of the species, and/or has cultural, historic or ecological importance or is a regional erratic. Long-term protection and recognition of any landmark tree may be obtained through the landmark tree designation program as detailed in SMC § 20.50.350(F). (Ord. 955 § 1 (Exh. A), 2022) |
Tree, Significant | Any healthy tree six inches or greater in diameter at breast height (dbh) excluding those trees that qualify for complete exemptions from Chapter 20.50 SMC, Subchapter 5, Tree Conservation, Land Clearing, and Site Grading Standards, under SMC § 20.50.310(A). (Ord. 669 § 1 (Exh. A), 2013; Ord. 955 § 1 (Exh. A), 2022) |
Tree, Stand or Cluster | A group of three or more trees of any size or species, whose driplines touch. |
Trellis | (Repealed by Ord. 850 § 1 (Exh. A), 2019) |
§ 20.20.050 U definitions.
Understory Vegetation | Small trees, shrubs, and groundcover plants, growing beneath and shaded by a significant tree which affect and are affected by the soil and hydrology of the area surrounding the significant tree roots. | |
Unit Lot | A lot created from a parent lot and approved through the unit lot subdivision process. (Ord. 1027 § 1 (Exh. A), 2025) | |
Unit Lot Development | A residential development that contains residential structures wherein each building or structure is defined as one building or one structure pursuant to the International Building Code, the International Fire Code, and the National Electrical Code. (Ord. 871 § 1 (Exh. A), 2020; Ord. 1027 § 1 (Exh. A), 2025) | |
Unit Lot Subdivision | A unit lot subdivision (also known as a “fee simple lot”) is the subdivision of land into two or more unit lots and approved through a unit lot subdivision process, provided the parent lot meets all requirements for dimension, setbacks, density, outdoor space, or any other applicable development standard set forth in the applicable zone. (Ord. 767 § 1 (Exh. A), 2017; Ord. 871 § 1 (Exh. A), 2020; Ord. 1027 § 1 (Exh. A), 2025) | |
Unlicensed Wireless Services | Commercial mobile services that can operate on public domain frequencies and that therefore need no Federal Communications Commission (FCC) license. | |
Urban Forest | All trees within the City limits and the various ecosystem components that accompany these trees (soils, understory flora, diverse species, and habitats) under any public or private ownership and land use type, developed or undeveloped. | |
This includes public parks, City streets, private yards and shared residential spaces, community spaces (such as libraries) and commercial and government property. (Ord. 955 § 1 (Exh. A), 2022) | ||
Urban Tree Canopy | From an aerial view during summer, the percentage of ground that is obscured from view by trees. (Ord. 955 § 1 (Exh. A), 2022) | |
Use | An activity or function carried out on an area of land, or in a building or structure located thereon. Any use subordinate or incidental to the primary use on a site is considered an accessory use. | |
Utility | Private or municipal corporations owning or operating, or proposing to own or operate facilities that comprise a system or systems for public service. Private utilities include only gas, electric, telecommunications, or water companies that are subject to the jurisdiction of the State Utilities and Transportation Commission and that have not been classified as competitive by the commission. (Ord. 324 § 1, 2003) | |
Utility Facility | A facility for the distribution or transmission of services to an area, including, but not limited to: | |
A. | Telephone exchanges; | |
B. | Water pumping or treatment stations; | |
C. | Electrical substations; | |
D. | Water storage reservoirs or tanks; | |
E. | Municipal ground water well-fields; | |
F. | Regional stormwater management facilities; | |
G. | Natural gas gate stations and limiting stations; | |
H. | Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; | |
I. | Sewer lift stations; and | |
J. | Pipes, electrical wires and associated structural supports. | |
§ 20.20.052 V definitions.
Variance | Written permission to depart from the requirements of a Development Code. | |
Vegetation | Any and all plant life growing at, below or above the soil surface. | |
Vehicle Display Areas | Outdoor areas where vehicles for sale or lease are displayed. (Ord. 654 § 1 (Exh. 1), 2013) | |
Vocational School | Establishments offering training in a skill or trade to be pursued as a career, including: | |
A. | Vocational schools; and | |
B. | Technical institutes. | |
§ 20.20.054 W definitions.
Walkways | On-site hard surfaces for pedestrian and nonmotorized circulation. Nonmotorized circulation includes use of mobility aids. (Ord. 609 § 4 (Exh. A), 2011) | |
Warehousing and Wholesale Trade | Establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public. Warehousing does not include self-storage facilities. (Ord. 765 § 1 (Exh. A), 2016) | |
Wastewater Treatment Facility | A plant for collection, decontamination and disposal of sewage, including residential, industrial and agricultural liquid wastes, and including any physical improvement within the scope of the definition of “water pollution control facility” set forth in WAC 173-90-015(4) as amended. | |
Water Dependent Use | (Repealed by Ord. 724 § 1 (Exh. A), 2015) | |
Wetland Creation | The manipulation of the physical, chemical, or biological characteristics on an upland or deepwater site, to create a wetland where a wetland did not previously exist. Creation results in a gain in wetland acreage and function. A typical action is the excavation of upland soils to elevations that will produce a wetland hydroperiod and hydric soils, and support the growth of hydrophytic plant species. (Ord. 724 § 1 (Exh. A), 2015) | |
Wetland Delineation | A technical procedure performed by a qualified professional with expertise in wetlands and documented in a critical area report to determine the area of a wetland, ascertaining the wetland’s classification, function, and value, and to define the boundary between a wetland and adjacent uplands. (Ord. 724 § 1 (Exh. A), 2015) | |
Wetland Edge | The line delineating the outer edge of a wetland established based on the definitions and methods contained in Chapter 20.80 SMC. (Ord. 724 § 1 (Exh. A), 2015) | |
Wetland Enhancement | The manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, floodwater retention, or wildlife habitat. Enhancement results in a change in wetland function(s) and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Examples are planting vegetation, controlling nonnative or invasive species, and modifying site elevations to alter hydroperiods. (Ord. 724 § 1 (Exh. A), 2015) | |
Wetland Functions | Natural processes performed by wetlands including functions which are important in facilitating food chain production, providing habitat for nesting, rearing and resting sites for aquatic, terrestrial and avian species, maintaining the availability and quality of water, acting as recharge and discharge areas for ground water aquifers and moderating surface water and stormwater flows, as well as performing other functions. | |
Wetland, Forested | (Repealed by Ord. 724 § 1 (Exh. A), 2015) | |
Wetland, Isolated | (Repealed by Ord. 724 § 1 (Exh. A), 2015) | |
Wetland Reestablishment | The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Reestablishment results in rebuilding a former wetland and results in a gain in wetland acres and functions. Activities could include removing fill, plugging ditches, or breaking drain tiles. (Ord. 724 § 1 (Exh. A), 2015) | |
Wetland Rehabilitation | The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions and processes of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or returning tidal influence to a wetland. (Ord. 724 § 1 (Exh. A), 2015) | |
Wetland Scientist | A scientist, including but not limited to ecologists, hydrologists, and soil scientists, who study the physical and biological characteristics of wetlands and their functions. (Ord. 724 § 1 (Exh. A), 2015) | |
Wetlands | Those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetland types found in western Washington include estuarine, forested, coastal lagoons, interdunal, depressional, riverine, lake fringe, isolated, slope, and tidal fringe. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. (Ord. 724 § 1 (Exh. A), 2015) | |
Wetpond | (Repealed by Ord. 531 § 1 (Exh. 1), 2009) | |
Wildlife Shelter | A facility for the temporary housing of sick, wounded or displaced wildlife. | |
Wireless Telecommunication Facility (WTF) | An unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communications. A WTF provides services which include cellular phone, personal communication services, other mobile radio services, and any other service provided by wireless common carriers licensed by the Federal Communications Commission (FCC). WTFs are composed of two or more of the following components: | |
A. | Antenna; | |
B. | Mount; | |
C. | Equipment enclosure; | |
D. | Security barrier. (Ord. 469 § 1, 2007) | |
Wireless Telecommunication Facility (WTF), Building Mounted | Wireless telecommunication facility mounted to the roof or the wall of a building. (Ord. 469 § 1, 2007) | |
Wireless Telecommunication Facility (WTF), Ground Mounted | Wireless telecommunication facility not attached to a structure or building and not exempted from regulation under SMC § 20.40.600(A). Does not include co-location of a facility on an existing monopole, utility pole, light pole, or flag pole. (Ord. 469 § 1, 2007) | |
Wireless Telecommunication Facility (WTF), Structure Mounted | Wireless telecommunication facility located on structures other than buildings, such as light poles, utility poles, flag poles, trans-formers, existing monopoles, towers and/or tanks. (Ord. 469 § 1, 2007) | |
Work Release Facility | A facility which allows the opportunity for convicted persons to be employed outside of the facility, but requires confinement within the facility when not in the place of employment. | |
§ 20.20.058 Y definitions.
Yard | An open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in the ordinance is unoccupied and unobstructed from the ground upward except by vegetation and except as may be specifically provided in the Code. |
§ 20.20.060 Z definitions.
Zero Lot Line Development | A development that contains building(s) configured in such a manner that one or more of the building’s sides rest directly on a lot line. (Ord. 871 § 1 (Exh. A), 2020) |
Zone | A specifically delineated area or district in a municipality within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings. |
Zoning | The delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings. |
Zoning Envelope | The three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations, and minimum yard setbacks. |
Zoning Map | The map or maps that are a part of the Code and delineate the boundaries of zone districts. |
§ 20.93.010 Purpose and scope.
A.
The purpose of this chapter is to:
1.
Implement the City’s Comprehensive Plan policies for Planned Area 3 in the Ballinger neighborhood.
2.
Define zoning that replaces the regulations of Chapter 20.50 SMC, Subchapters 1, 2, and 4 with new standards for the scale, character, configuration and location of development in the zone and new provisions to ensure compatibility and transition to adjacent residential neighborhoods.
3.
If provisions of this chapter conflict with provisions elsewhere in the Shoreline Municipal Code, the provisions of this chapter shall apply. When it is unclear which regulations apply, then the presumption shall be that the regulations of this chapter take precedence with the ultimate determination to be made by the Director.
(Ord. 598 § 6 (Exh. 5), 2011; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.93.020 Planned Area 3 official zoning map designation.
In order to implement the Comprehensive Plan policies, the Aldercrest Planned Area 3 (“PA 3”) zone is adopted as shown on the City’s official zoning map.
(Ord. 598 § 6 (Exh. 5), 2011)
§ 20.93.030 Permitted uses, standards and special regulations.
USE | MAXIMUMS | MAX & MIN | MINIMUMS | Special Regulations | ||||
|---|---|---|---|---|---|---|---|---|
Density | Building Height | Hardscape | Lot Size | Front Yard Setback | Side Yard Setback | Rear Yard Setback | ||
Apartments and Single-Family Attached | 28 units per acre | 45 feet | 85% | 10 acres | 10 ft. | 10 ft. | 10 ft. | SR 1 SR 2 SR 4 SR 5 SR 6 |
Apartments and Single-Family Attached | 48 units per acre | 60 feet | 90% | 9 acres | 10 ft. | 10 ft. | 10 ft. | SR 1 SR 3 SR 4 SR 5 SR 6 |
Public Park | N/A | N/A | 10% | See SR 2 and SR 3 | N/A | N/A | N/A | SR 7 SR 8 |
Institutional Use | N/A | 60 feet | 90% | 9 acres | 10 ft. | 10 ft. | 10 ft. | SR 1 SR 3 SR 4 SR 5 SR 6 SR 7 SR 9 SR 10 |
SR 1 – Vehicular access shall be from both 25th Avenue NE and NE 200th Street. An easement across a portion of the 25th Avenue NE driveway shall be recorded to allow shared access to potential future parking on the City park parcel. The easement shall have 50 feet of frontage on 25th Avenue NE, abut the City park parcel and be at least 120 feet in an east-west dimension.
SR 2 – At least six contiguous acres of land, contained within the southern half of the parcel including at least 375 linear feet of frontage on 25th Avenue NE, and including the entire southern boundary of the parcel, shall be dedicated to the City of Shoreline for public park purposes. Dedication of the park parcel to the City may occur at any time after it is platted but shall occur prior to issuance of certificates of occupancy for development on the non-park parcel. Dedication of park land shall be in lieu of payment of any current or future park impact fees. The cost of any future development of land dedicated for park shall be borne by the City.
SR 3 – At least seven contiguous acres of land, contained within the southern half of the parcel including at least 375 linear feet of frontage on 25th Avenue NE, and including the entire southern boundary of the parcel, shall be dedicated to the City of Shoreline for public park purposes. Dedication of the park parcel to the City may occur at any time after it is platted but shall occur prior to issuance of certificates of occupancy for development on the non-park parcel. Dedication of park land shall be in lieu of payment of any current or future park impact fees. The cost of any future development of land dedicated for park shall be borne by the City.
SR 4 – A minimum 10-foot-wide public pedestrian access easement with a minimum eight-foot-wide pathway shall be improved and dedicated to the City, connecting NE 200th Street to the public park. The easement must be in a location, conveyed in a form and the pathway improved to standards acceptable to the City of Shoreline.
SR 5 – Maximum building height within 100 feet of NR3 zones to the east and south is 45 feet above average existing grade consistent with SMC § 20.50.050.
SR 6 – In order to provide a buffer to the residential neighborhoods to the east and south, 80 percent of all healthy significant trees which have any portion of their trunk within 25 feet of NR3 zoned lands shall be flagged with surveyor tape and protected with a temporary chain link fence to be placed at the dripline prior to issuance of any development permits. All such healthy significant trees are to be retained. The 80 percent tree retention standard shall be measured within each 160-foot-long north-south segment of the buffer area. A tree survey and arborist report shall be submitted with application for any development permits. The portion of this buffer which lies within 160 feet of NE 200th Street shall be supplemented with Type II landscape materials per SMC § 20.50.460(B).
SR 7 – No grading or heavy equipment shall be permitted on the site until after dedication of the parcel to the City. Applicant may propose, and the City may authorize, limited site grading of the park site concurrently with the grading and development of the remaining portion of the PA 3 zone if such grading is necessary to achieve proper drainage and access controls for both parcels.
SR 8 – A special use permit is required for any park improvements.
SR 9 – A special use permit is required for institutional uses. The standards and special regulations for other residential uses in this zone shall control unless specifically modified as a design departure under the administrative design review process.
SR 10 – For purposes of the PA 3 zone, “institutional uses” are all educational facilities, places of worship, and conference centers. Retail or restaurant uses are not considered institutional uses but may be included as accessory uses to the primary institutional use.
(Ord. 598 § 6 (Exh. 5), 2011; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.93.040 Additional site development standards.
A.
All parking not in structures shall be screened consistent with SMC § 20.50.470.
B.
All exterior lights shall be fitted with appropriate hoods and shielded to confine emitted light to within the site.
(Ord. 598 § 6 (Exh. 5), 2011)
§ 20.93.050 Environmental review and mitigation of impacts.
The environmental review for development permits pursuant to Chapter 43.21C RCW shall address both on-site and off-site impacts, including but not limited to impacts on the City’s road network, parks, and other municipal services.
(Ord. 598 § 6 (Exh. 5), 2011)
§ 20.94.010 Purpose and applicability.
The purpose of the Point Wells – Planned Area 4 (“PA 4”) zone is to implement the goals and policies of the Point Wells Subarea Plan, which envisions a pedestrian-oriented mixed-use development consisting of primarily residential uses in a variety of housing types with limited commercial uses along with public recreation access.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.015 Relationship to other regulations.
Development in the PA 4 zone is subject to Chapter 20.80 SMC, Critical Areas; Division II of the Development Code, Shoreline Master Plan; and Chapter 13.12 SMC, Floodplain Management. Where conflicts occur between provisions of this chapter and other City regulations, the more restrictive provisions shall apply.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.020 Permitted uses.
A.
Land uses listed in Table 20.94.020A are permitted, subject to an approved development agreement.
B.
Land uses not listed in Table 20.94.020A may be permitted as part of an approved development agreement, provided the development agreement includes written findings that the unlisted land use(s) is consistent with the Point Wells Subarea Plan and the purpose of this chapter.
Table 20.94.020A | |
|---|---|
NAICS # | SPECIFIC LAND USE |
Live/Work Units | |
Assisted Living Facilities | |
Apartment/Multifamily | |
Single-Family Attached (Townhomes) | |
Single-Family Detached | |
722 | Eating and Drinking Establishments (Excluding Gambling Uses)1 |
72111 | Hotel/Motel |
General Retail Trade/Services2 | |
Professional Office | |
Parks and Trails | |
Recreation/Cultural | |
Personal Services | |
Financial Institutions | |
Parking Structures and Surface Parking Lots, Accessory to a Primary Use | |
Health and Fitness Facilities | |
921 | General Government/Public Administration Facilities |
92216 | Fire Facility |
92212 | Police Facility |
221 | Utilities3 |
Wireless Telecommunication Facility4 | |
Home Occupation | |
Accessory Dwelling Units | |
Footnotes: | ||
|---|---|---|
1. | Drive-throughs are prohibited. | |
2. | These general retail trade/services are prohibited in the PA 4 zone: | |
a. | Adult use facilities; | |
b. | Smoke/vape shop (a business that sells drug paraphernalia and smoking products); | |
c. | Marijuana operations; | |
d. | Firearm sales; | |
e. | Pawnshops; and | |
f. | Vehicle sales and service. | |
3. | Utility facilities necessary to serve development in the PA 4 zone are permitted. Utility transmission and distribution shall be located underground. Utility facilities in existence as of December 14, 2020, are not subject to a development agreement or master development plan. | |
4. | Subject to the provisions of SMC § 20.40.600. | |
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.025 Development standards.
A.
Residential Density. Development shall not exceed a maximum density of 44 dwelling units per net acre. For purposes of this section, “net acre” shall mean an acre of land, less land used for roads, drainage detention/retention areas, biofiltration swales, areas required for public use, lands covered by high tides, and critical areas and their required buffers.
B.
No building within the development shall exceed 60 dwelling units.
C.
No building within the development shall have a footprint that exceeds 10,000 square feet.
D.
Setbacks. Setbacks shall be consistent with applicable design standards and identified as part of an approved development agreement.
E.
Lot Dimensions. There is no minimum lot size or width. Any subdivision of land or alteration of property lines is subject to Chapter 20.30 SMC, Subchapter 7, Subdivisions.
F.
Utilities. All utilities shall be underground. Location of utilities and mechanical areas shall comply with applicable design standards.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.030 Building height.
A.
The maximum building height shall be 45 feet, except areas east of the BNSF railroad right-of-way the maximum building height shall be 35 feet.
B.
The maximum building height may be increased to 75 feet west of the BNSF railroad right-of-way provided the applicant conducts a view analysis demonstrating public views from Richmond Beach Drive to Admiralty Inlet are not impacted (as depicted on Figure 20.94.030A). The view analysis and accompanying height limits shall be reviewed and approved concurrently with a development agreement.
C.
Building height shall be measured pursuant to SMC § 20.50.050.
Figure 20.94.030A  |
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.035 Parking.
A.
Development in the PA 4 zone shall comply with the following parking ratios:
Table 20.94.035A | |
|---|---|
Use | Minimum Spaces Required |
Single-family detached/attached/townhouse | 2.0 per dwelling unit |
Apartment/multifamily: | |
Studio and one-bedroom units | 0.75 per dwelling unit |
Two-bedroom or more units | 1.5 per dwelling unit |
Accessory dwelling units | 1.0 per dwelling unit |
Home occupation | In addition to required parking for the dwelling unit, 1 for any nonresident employed by the home occupation and 1 for patrons when services are rendered on site |
Assisted living facilities | 1 per 3 dwelling or sleeping units |
Restaurants | 1 per 75 square feet in dining or lounge area |
Hotel/motel | 1 per unit |
Conference center | 1 per 3 fixed seats, plus 1 per 50 square feet used for assembly purposes without fixed seats, or 1 per bedroom, whichever results in the greater number of spaces |
Retail trade uses | 1 per 400 square feet |
Professional office uses | 1 per 500 square feet |
Recreation/culture | 1 per 300 square feet |
Parks and trails and public access to shorelines | Parking analysis |
General services uses | 1 per 300 square feet |
Health and fitness facilities | 1 per 300 square feet |
Note: Square feet in the table above refers to net usable area and excludes walls, corridors, lobbies, bathrooms, etc. |
B.
If the formula for determining the number of parking spaces results in a fraction, the number of parking spaces shall be rounded to the nearest whole number, with fractions of one-half or greater rounding up and fractions below one-half rounding down.
C.
Uses not listed, or uses listed with a parking ratio referring to “parking analysis” in Table 20.94.035A shall undergo a parking demand analysis prepared by a qualified professional with expertise in parking demand studies. The parking demand study shall be reviewed and approved concurrently with a development agreement.
D.
Public parking areas shall be distributed throughout the project and provided at a rate appropriate to serve publicly accessible recreation and open space areas.
E.
An applicant may request a reduction of the minimum required parking spaces with the approval of a parking management plan. The parking management plan shall be reviewed and approved concurrently with a development agreement.
F.
Development in the PA 4 zone shall comply with SMC § 20.50.410, Parking design standards; SMC § 20.50.420, Vehicle access and circulation – Standards; and SMC § 20.50.440, Bicycle facilities – Standards.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.040 Recreation and open space.
A.
Development in the PA 4 zone shall provide an integrated public open space network that links together the various open spaces throughout the development and provides public access to shorelines, public open space areas, and publicly accessible parking.
B.
All development shall provide public recreation and open space at a minimum rate of 10 percent of the gross site area. The minimum public recreation and open space area shall not include, and shall be in addition to, shoreline public access as required pursuant to the Shoreline Management Act, Chapter 90.58 RCW.
C.
Public recreation and open space areas shall include a mix of active and passive uses.
D.
For developments with an approved phasing plan, each phase of a development shall include a minimum of 10 percent of the gross recreation and open space area required for the phase.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.045 Transportation.
A transportation study shall be prepared and submitted with the application for a development agreement. The scope of the transportation study shall be established by the City Traffic Engineer and include at a minimum the following elements:
A.
Development within Point Wells shall comply with the following traffic restrictions:
1.
Richmond Beach Drive shall be limited to 4,000 average daily trips (ADT); and
2.
The Richmond Beach Road Corridor shall not exceed a level of service (LOS) D with nine-tenths volume-to-capacity (V/C) ratio.
B.
Any combination of residential or commercial development or redevelopment that would generate 250 or more average daily trips shall provide a general-purpose public access road wholly within the Town of Woodway that connects into Woodway’s transportation network and provides a full second vehicular access point from Point Wells into Woodway. The average daily trips shall be counted cumulatively for all development in the entire PA 4 zone.
C.
Connectivity. Development in the PA 4 zone shall provide a network of streets, sidewalks, and multipurpose pathways that are well connected and provide efficient circulation throughout the zone and connect to the surrounding transportation network.
D.
Public and Private Street Cross-Sections. Street cross-sections shall be developed to complement adjoining land uses and implement applicable design standards while also meeting engineering standards for safety and function, and the most recently adopted City of Shoreline Engineering Development Manual. Cross-sections for each type of street within the development shall be reviewed and approved concurrently with a development agreement. The table below describes the primary elements for types of streets anticipated within a development.
Table 20.94.045A | ||
|---|---|---|
Feature | Primary Street (both sides) | Secondary Street (both sides) |
Sidewalk | 12' | 7' |
Amenity Zone | 5' | 5' |
Landscaping | Street trees 30' on center | Street trees 30' on center |
On-Street Parking | Yes (both sides) | Yes (one side) |
General Purpose Lane | 11' max. lane width | 10.5' max. lane width |
Right-of-Way Minimum | 60' – 70' | 52.5' |
Figure 20.94.045A – Primary Street  |
Figure 20.94.045B – Secondary Street  |
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.050 Design standards.
Development in the PA 4 zone other than single-family detached homes is subject to Chapter 20.50 SMC, Subchapter 3, Single-Family Attached Residential Design, or Subchapter 4, Commercial and Multifamily Zone Design.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.055 Landscaping.
Landscaping shall be provided throughout the site and integrated as part of the overall project design. Landscaping shall be provided on the perimeter of the site adjacent to existing development. A development-wide conceptual landscape plan identifying landscape locations, dimensions, and type shall be reviewed and approved with the development agreement.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.060 Signs.
Signs within the PA 4 zone shall comply with Chapter 20.50 SMC, Subchapter 8, Signs.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.065 Sustainability.
Development in the PA 4 zone shall meet or exceed Tier 4 of the Deep Green development standards, as defined in Chapter 20.50 SMC, Subchapter 9, Deep Green Incentive Program.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.070 Outdoor lighting.
A.
In addition to the lighting standards in SMC § 20.50.115 and the lighting requirements in the design standards, outdoor lighting shall be located and designed to eliminate light pollution by meeting the following:
1.
Fixtures shall contain shielding and/or direct cut-off lighting;
2.
Fixtures shall be no brighter than necessary to light the intended area;
3.
Color temperatures shall minimize blue light emissions to the extent feasible;
4.
Timers, dimmers, motion sensors or other adaptive control methods shall be utilized where feasible to turn off lighting when unnecessary; and
5.
Up-lighting shall be limited to accent features, landscaping, and State or Federal flags.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.075 Tree preservation and management.
Development in the PA 4 zone shall comply with Chapter 20.50 SMC, Subchapter 5, Tree Conservation, Land Clearing and Site Grading Standards.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.080 Neighborhood meeting.
A.
The applicant shall conduct a neighborhood meeting to discuss the proposed development. The meeting must be held at least 30 days prior to submitting a development agreement application.
B.
The purpose of the neighborhood meeting is to:
1.
Ensure the applicant pursues early and effective public participation in conjunction with the proposal, giving the applicant an opportunity to understand and mitigate any real and perceived impacts the proposed development might have to the neighborhood or neighboring cities;
2.
Ensure that residents, property owners, business owners, and nearby cities have an opportunity at an early stage to learn about how the proposed development might affect them and to work with the applicant to resolve concerns prior to submittal of a development application.
C.
The neighborhood meeting shall meet the following requirements:
1.
Notice of the neighborhood meeting shall be provided by the applicant and shall include the date, time and location of the neighborhood meeting and a description of the project, zoning of the property, site and vicinity maps, the land use applications that may be required, and the name and contact information of the applicant or representative of the applicant to contact for additional information.
2.
The notice shall be provided at a minimum to property owners located within 1,000 feet of the proposal, the neighborhood chair as identified by the Shoreline Office of Neighborhoods (note: if a proposed development is within 500 feet of adjacent neighborhoods, those chairs shall also be notified), any city or town whose municipal boundaries are within one mile of the subject property, and to the Department.
3.
The notice shall be postmarked 10 to 14 days prior to the neighborhood meeting.
4.
The neighborhood meeting shall be held within the City limits of Shoreline.
5.
The neighborhood meeting shall be held anytime between the hours of 5:30 p.m. and 9:30 p.m. on weekdays or anytime between the hours of 9:00 a.m. and 9:00 p.m. on weekends.
D.
The neighborhood meeting agenda shall cover the following items:
1.
Introduction of neighborhood meeting organizer (i.e., developer, property owner, etc.);
2.
Description of proposed project that includes proposed mix of land uses including the number of dwelling units and amount of nonresidential square footage, number of parking spaces, and location and amount of open space;
3.
Listing of permits that are anticipated for the project;
4.
Description of how comments made at the neighborhood meeting will be used;
5.
Provide meeting attendees with the City’s contact information;
6.
Provide a sign-up sheet for attendees.
E.
The applicant shall provide to the City a written summary of the neighborhood meeting to be included with the development application. The summary shall include the following:
1.
A copy of the mailed notice of the neighborhood meeting with a list to whom it was mailed;
2.
A list of persons who attended the meeting and their addresses;
3.
A summary of concerns, issues, and problems expressed during the meeting.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.085 Review process.
A.
A development agreement, pursuant to RCW 36.70B.170 is required for any new development in the PA 4 zone and shall set forth the development standards, conditions, and other provisions that shall apply to govern and vest the development, use, and mitigation of the development. For the purposes of this section, “development standards” includes, but is not limited to:
1.
Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;
2.
The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of State law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
3.
Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW;
4.
Design standards such as building massing, architectural elements, maximum heights, setbacks, conceptual street and streetscapes, drainage and water quality requirements, palette of potential building materials, conceptual lighting, landscaping, and other development features;
5.
Affordable housing units;
6.
Park development and open space preservation;
7.
Phasing of development;
8.
Review procedures and standards for implementing decisions;
9.
A build-out or vesting period for applicable standards;
10.
Any other appropriate development requirement or procedure;
11.
Preservation of significant trees; and
12.
Connecting, establishing, and improving nonmotorized access.
B.
The City Council shall review the development agreement and may approve, or approve within conditions, the development agreement when all of the following are met:
1.
The proposed development is consistent with the goals and policies of the Comprehensive Plan as well as the goals and policies of the Point Wells Subarea Plan.
2.
The proposed development is consistent with the goals, policies, and regulations of the City’s Shoreline Master Program.
3.
There is either sufficient capacity and infrastructure (e.g., roads, sidewalks, bike lanes) that meet the City’s adopted level of service standards (as confirmed by the performance of a transportation impact analysis) in the transportation system (motorized and nonmotorized) to safely support the development proposed in all future phases, or there will be adequate capacity and infrastructure by the time each phase of development is completed. If capacity or infrastructure must be increased to support the proposed development agreement, the applicant must identify a plan for funding their proportionate share of the improvements.
4.
There is either sufficient capacity within public services such as water, sewer and stormwater to adequately serve the development proposal in all future phases, or there will be adequate capacity available by the time each phase of development is completed. If capacity must be increased to support the proposed development agreement, then the applicant must identify a plan for funding their proportionate share of the improvements.
5.
The development demonstrates high quality design elements consistent with the City’s applicable design standards as referenced in Chapter 20.50 SMC, Subchapters 2 through 4.
C.
Development Agreement Approval Procedures. The City Council may approve development agreements through the following procedure:
1.
A development agreement application incorporating the elements stated in subsection B of this section may be submitted by a property owner with any additional related information as determined by the Director. After staff review and SEPA compliance, the Planning Commission shall conduct a public hearing on the application. The Planning Commission shall then make a recommendation to the City Council pursuant to the criteria set forth in subsection B of this section and the applicable goals and policies of the Comprehensive Plan. The City Council shall approve, approve with additional conditions, or deny the development agreement by ordinance or resolution;
2.
Recorded Development Agreement. Upon City Council approval of a development agreement under the procedure set forth in this subsection C, the property owner shall execute and record the development agreement with the Snohomish County Auditor’s Office to run with the land and bind and govern development of the property.
D.
Consultation on Land Use Permit Applications. The City shall provide the Town of Woodway written notice of all land use permit applications in the PA 4 zone within 30 days of permit application, consistent with Chapter 36.70B RCW, Local Project Review. Staff from the Town of Woodway shall be invited to attend meetings between Shoreline staff and the applicant relating to such permit applications, pre-application meetings, and shall be provided an opportunity to review and comment.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.94.090 Amendments to regulations and standards.
The City of Shoreline shall provide the Town of Woodway with at least 30 calendar days written notice (unless otherwise agreed to or waived in writing), and a review and comment opportunity, before any legislative actions that may modify or amend the PA 4 development regulations, or that otherwise impacts the uses, development, or redevelopment of the Point Wells area. Notice shall include, but not be limited to, notice of all Planning Commission and City Council meetings and hearings related to such legislative considerations or actions.
(Ord. 908 § 1 (Exh. A), 2020)
§ 20.100.010 First Northeast Shoreline Recycling and Transfer Station Special District.
A.
This chapter establishes the long-range development plans for the Shoreline Recycling and Transfer Station formerly referred to as the First Northeast Transfer Station Special District.
B.
The development standards that apply to this special district were adopted by Ordinance No. 338 on September 9, 2003. A copy of the standards is filed in the City Clerk’s office under Receiving Number 2346.
(Ord. 338 § 2, 2003; Ord. 507 § 4, 2008; Ord. 731 § 1 (Exh. A), 2015)
§ 20.100.020 Aurora Square Community Renewal Area (CRA).
All development proposed within the Aurora Square Community Renewal Area shall comply with provisions of Ordinance No. 705 – Aurora Square Community Renewal Area Planned Action.
(Ord. 731 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017)
§ 20.30.010 Purpose.
The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development decisions made by the City of Shoreline. These procedures are intended to:
• | Promote timely and informed public participation; |
• | Eliminate redundancy in the application, permit review, and appeals processes; |
• | Process permits equitably and expediently; |
• | Balance the needs of permit applicants with neighbors; |
• | Ensure that decisions are made consistently and predictably; and |
• | Result in development that furthers City goals as set forth in the Comprehensive Plan. |
These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with land use procedures, decisions, and consolidated appeal processes.
(Ord. 238 Ch. III § 1, 2000)
§ 20.30.020 Administration.
The provisions of this chapter supersede all other procedural requirements that may exist in other sections of the City Code.
When interpreting and applying the standards of this Code, its provisions shall be the minimum requirements.
Where conflicts occur between provisions of this Code and/or between the Code and other City regulations, the more restrictive provisions shall apply. Where conflict between the text of this Code and the zoning map ensue, the text of this Code shall prevail.
(Ord. 238 Ch. III § 2, 2000)
§ 20.30.030 Basis.
There are four types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity.
(Ord. 238 Ch. III § 3, 2000)
§ 20.30.040 Ministerial decisions – Type A.
These decisions are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. These decisions are made by the Director and are exempt from notice requirements.
However, Type A permit applications that exceed the categorical exemptions in SMC § 20.30.560 are subject to SEPA review. SEPA regulations including process, noticing procedures, and appeals are specified in Chapter 20.30 SMC, Subchapter 8.
All permit review procedures, all applicable regulations, and standards apply to all Type A actions. The decisions made by the Director under Type A actions shall be final. The Director’s decision shall be based upon findings that the application conforms (or does not conform) to all applicable regulations and standards.
Table 20.30.040 – Summary of Type A Actions | |
|---|---|
Action Type | Section |
Type A: | |
1. Accessory Dwelling Unit | 20.40.120, 20.40.210 |
2. Lot Line Adjustment including Lot Merger | 20.30.400 |
3. Building Permit | All applicable standards |
4. Final Short or Formal Plat | 20.30.450 |
5. Bed and Breakfast | 20.40.120, 20.40.250 |
6. Interpretation of Development Code | 20.10.050, 20.10.060, 20.30.020 |
7. Right-of-Way Use/Site | 12.15.010 – 12.15.180 |
8. Shoreline Exemption Permit | Shoreline Master Program |
9. Sign Permit | 20.50.530 – 20.50.610 |
10. Site Development Permit | 20.20.046, 20.30.315, 20.30.430 |
11. Deviation from Engineering Standards | 20.30.290 |
12. Temporary Use Permit | 20.30.295 |
13. Clearing and Grading Permit/Tree Removal | 20.50.290 – 20.50.370 |
14. Administrative Design Review | 20.30.297 |
15. Floodplain Development Permit | 13.12.700 |
16. Floodplain Variance | 13.12.800 |
17. Noise Variance | 9.05 |
18. Demolition Permit | 15.05.015 |
19. Fire Permits | 15.05.050 |
20. Outdoor Seating Area Permit | 20.50.260 |
An administrative appeal is not provided for Type A actions. Appeals of a Type A action are to Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act.
(Ord. 238 Ch. III § 3(a), 2000; Ord. 244 § 3, 2000; Ord. 299 § 1, 2002; Ord. 324 § 1, 2003; Ord. 339 § 2, 2003; Ord. 352 § 1, 2004; Ord. 469 § 1, 2007; Ord. 531 § 1 (Exh. 1), 2009; Ord. 609 § 5, 2011; Ord. 631 § 1 (Exh. 1), 2012; Ord. 641 § 4 (Exh. A), 2012; Ord. 654 § 1 (Exh. 1), 2013; Ord. 695 § 1 (Exh. A), 2014; Ord. 731 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017; Ord. 850 § 1 (Exh. A), 2019; Ord. 907 § 1 (Exh. C), 2020; Ord. 959 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.30.045 Neighborhood meeting for certain Type A proposals.
A neighborhood meeting shall be conducted by the applicant for temporary use permits for transitional encampment proposals.
(Ord. 695 § 1 (Exh. A), 2014; Ord. 760 § 1 (Exh. A), 2017; Ord. 762 § 1 (Exh. A), 2017; Ord. 789 § 1 (Exh. A), 2018; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.30.050 Administrative decisions – Type B.
Type B decisions require that the Director issues a written report that sets forth a decision to approve, approve with modifications, or deny the application. The Director’s report will also include the SEPA threshold determination if applicable.
All Type B decisions are appealable in an open record appeal hearing, except shoreline substantial development permits, shoreline variances and shoreline CUPs that shall be appealed to the Shorelines Hearing Board pursuant to Chapter 90.58 RCW, Shoreline Management Act. Such hearing shall consolidate with any SEPA threshold determination.
Table 20.30.050 – Summary of Type B Actions, and Notice Requirements | |||
|---|---|---|---|
Action | Notice Requirements: Application and Decision (1), (2), (3) | Appeal Authority | Section |
Type B: | |||
1. Binding Site Plan (4) | Mail | HE | 20.30.480 |
2. Conditional Use Permit (CUP) | Mail, Post Site, Newspaper | HE | 20.30.300 |
3. Preliminary Short Subdivision (4) | Mail, Post Site, Newspaper | HE | 20.30.410 |
4. Shoreline Substantial Development Permit, Shoreline Variance and Shoreline CUP | Mail, Post Site, Newspaper | Shorelines Hearings Board | Shoreline Master Program |
5. Zoning Variances | Mail, Post Site, Newspaper | HE | 20.30.310 |
6. Plat Alteration (5), (6) | Mail | HE | 20.30.425 |
Notes: |
|---|
Key: HE = Hearing Examiner |
(1) Public hearing notification requirements are specified in SMC § 20.30.120. |
(2) Notice of application requirements are specified in SMC § 20.30.120. |
(3) Notice of decision requirements are specified in SMC § 20.30.150. |
(4) These Type B actions do not require a neighborhood meeting. A notice of development will be sent to adjacent properties. |
(5) A plat alteration does not require a neighborhood meeting. |
(6) If a public hearing is requested, the plat alteration will be processed as a Type C action per SMC Table 20.30.060. |
(Ord. 238 Ch. III § 3(b), 2000; Ord. 299 § 1, 2002; Ord. 789 § 1 (Exh. A), 2018; Ord. 857 § 2(A) (Exh. A), 2019; Ord. 959 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.30.060 Quasi-judicial decisions – Type C.
These decisions are made by the City Council or the Hearing Examiner, as shown in Table 20.30.060, and involve the use of discretionary judgment in the review of each specific application.
Prior to submittal of an application for any Type C permit, the applicant shall conduct a neighborhood meeting to discuss the proposal and to receive neighborhood input as specified in SMC § 20.30.090.
Type C decisions require findings, conclusions, an open record public hearing and recommendations prepared by the review authority for the final decision made by the City Council or Hearing Examiner.
There is no administrative appeal of a Type C decision. Any appeal of a Type C decision is to King County Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act.
Table 20.30.060 – Summary of Type C Actions, Notice Requirements, Review Authority, and Decision Making Authority | ||||
|---|---|---|---|---|
Action | Notice Requirements for Application and Decision(2), (3) | Review Authority, Open Record Public Hearing | Decision Making Authority (Public Meeting) | Section |
Type C: | ||||
1. Site-Specific Comprehensive Plan Map Amendment | Mail, Post Site, Newspaper | HE (1) | City Council | 20.30.345 |
2. Street Vacation | Mail, Post Site, Newspaper | HE (1) | City Council | 12.17.020 |
3. Preliminary Formal Subdivision | Mail, Post Site, Newspaper | HE (1) | 20.30.410 | |
4. Rezone of Property and Zoning Map Change | Mail, Post Site, Newspaper | HE (1) | 20.30.320 | |
5. Special Use Permit (SUP) | Mail, Post Site, Newspaper | HE (1) | 20.30.330 | |
6. Critical Areas Special Use Permit | Mail, Post Site, Newspaper | HE (1) | 20.30.333 | |
7. Critical Areas Reasonable Use Permit | Mail, Post Site, Newspaper | HE (1) | 20.30.336 | |
8. Secure Community Transitional Facility – Special Use Permit | Mail, Post Site, Newspaper | HE (1) | 20.40.502 | |
9. Essential Public Facility – Special Use Permit | Mail, Post Site, Newspaper | HE (1) | 20.30.330 | |
10. Master Development Plan | Mail, Post Site, Newspaper | HE (1) | 20.30.353 | |
11. Plat Alteration with Public Hearing (4) | Mail | HE (1) | 20.30.425 | |
12. Subdivision Vacation | Mail, Post Site, Newspaper | HE (1) | 20.30.427 | |
Notes: |
|---|
(1) HE = Hearing Examiner. |
(2) Notice of application requirements is specified in SMC § 20.30.120. |
(3) Notice of decision requirements is specified in SMC § 20.30.150. |
(4) A plat alteration does not require a neighborhood meeting. |
(Ord. 238 Ch. III § 3(c), 2000; Ord. 299 § 1, 2002; Ord. 309 § 3, 2002; Ord. 324 § 1, 2003; Ord. 406 § 1, 2006; Ord. 507 § 4, 2008; Ord. 534 § 2, 2009; Ord. 568 § 2, 2010; Ord. 581 § 1 (Exh. 1), 2010; Ord. 591 § 1 (Exh. A), 2010; Ord. 621 § 2, 2011; Ord. 695 § 1 (Exh. A), 2014; Ord. 789 § 1 (Exh. A), 2018; Ord. 857 § 2(A) (Exh. A), 2019; Ord. 882 § 1 (Exh. D), 2020; Ord. 907 § 1 (Exhs. B, C), 2020; Ord. 934 § 1(A) (Exh. A), 2021; Ord. 959 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.30.070 Legislative decisions.
These decisions are legislative, nonproject decisions made by the City Council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands. There is no administrative appeal of legislative decisions.
Table 20.30.070 – Summary of Legislative Decisions | ||||
|---|---|---|---|---|
Decision | Review Authority, Public Hearing | Decision Making Authority (in accordance with State law) | Section | Appeal Authority |
1. Amendments and Review of the Comprehensive Plan | PC(1) | City Council | 20.30.340 | Growth Management Hearings Board |
2. Amendments to the Development Code | PC(1) | City Council | 20.30.350 | Growth Management Hearings Board |
3. Development Agreements | PC(1) | City Council | 20.30.355 | King County Superior Court |
Notes: |
|---|
(1) PC = Planning Commission |
Legislative decisions include a hearing and recommendation by the Planning Commission and final action by the City Council.
The City Council shall take legislative action on the proposal in accordance with State law.
There is no administrative appeal of legislative decisions of the City Council. Amendments to the Comprehensive Plan and the Development Code and any related SEPA determination are appealable to the Growth Management Hearings Board pursuant to Chapter 36.70A RCW, Growth Management Act. Any appeal of a development agreement is appealable to King County Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act.
(Ord. 238 Ch. III § 3(d), 2000; Ord. 339 § 5, 2003; Ord. 406 § 1, 2006; Ord. 581 § 1 (Exh. 1), 2010; Ord. 706 § 1 (Exh. A), 2015; Ord. 959 § 1 (Exh. A), 2022)
§ 20.30.080 Preapplication meeting.
A preapplication meeting is optional but encouraged for an application for a project that may impact a critical area or its buffer consistent with SMC § 20.80.045.
A preapplication meeting is optional but encouraged prior to submitting an application for any project requesting departures through the Deep Green Incentive Program to discuss why departures are necessary to achieve certification through International Living Future Institute, Built Green, US Green Building Council, Passive House Institute US, or Salmon Safe programs. A representative from the prospective certifying agency(ies) should be invited to the meeting, but their attendance is not mandatory.
Applicants for development permits under Type A, Type B, and Type C actions are encouraged to participate in preapplication meetings with the City. Preapplication meetings with staff provide an opportunity to discuss the proposal in general terms, identify the applicable City requirements and the project review process including the permits required by the action, timing of the permits and the approval process.
Preapplication meetings are optional but encouraged prior to the neighborhood meeting,
The Director shall specify submittal requirements for preapplication meetings, which shall include a critical areas worksheet and, if available, preliminary critical area reports. Plans presented at the pre-application meeting are nonbinding and do not “vest” an application.
(Ord. 238 Ch. III § 4(a), 2000; Ord. 324 § 1, 2003; Ord. 439 § 1, 2006; Ord. 724 § 1 (Exh. A), 2015; Ord. 760 § 1 (Exh. A), 2017; Ord. 839 § 1 (Exh. A), 2019; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.30.085 Early community input meeting.
Applicants are encouraged to develop a community and stakeholders consensus-based master development plan. Community input is required to include soliciting input from stakeholders, community members and any other interested parties with bubble diagrams, diagrammatic site plans, or conceptual site plans. The meeting notice shall be provided at a minimum to property owners located within 1,000 feet of the proposal, the neighborhood chair as identified by the Shoreline Office of Neighborhoods (note: if a proposed development is within 1,000 feet of adjacent neighborhoods, those chairs shall also be notified), and to the Department. Digital audio recording, video recording, or a court reporter transcription of this meeting or meetings is required at the time of application. The applicant shall provide an explanation of the comments of these entities to the City regarding the incorporation (or not) of these comments into the design and development of the proposal.
(Ord. 669 § 1 (Exh. A), 2013; Ord. 695 § 1 (Exh. A), 2014)
§ 20.30.090 Neighborhood meeting.
Prior to application submittal for a Type B or C action, the applicant shall conduct a neighborhood meeting to discuss the proposal.
A.
The purpose of the neighborhood meeting is to:
1.
Ensure that potential applicants pursue early and effective citizen participation in conjunction with their proposal, giving the project proponent the opportunity to understand and try to mitigate any real and perceived impact their proposal may have on the neighborhood;
2.
Ensure that the citizens and property owners of the City have an adequate opportunity to learn about the proposal that may affect them and to work with project proponents to resolve concerns at an early stage of the application process.
B.
The neighborhood meeting shall meet the following requirements:
1.
Notice of the neighborhood meeting shall be provided by the applicant and shall include the date, time and location of the neighborhood meeting and a description of the project, zoning of the property, site and vicinity maps and the land use applications that would be required.
2.
The notice shall be provided at a minimum to property owners located within 500 feet (1,000 feet for master development plan permits, special use permits for essential public facilities, and development in the MUR-70' zone seeking additional height pursuant to SMC § 20.30.297(C)) of the proposal, the neighborhood chair as identified by the Shoreline Office of Neighborhoods (note: if a proposed development is within 500 feet of adjacent neighborhoods, those chairs shall also be notified), and to the Department.
3.
The notice shall be postmarked 10 to 14 days prior to the neighborhood meeting.
4.
The neighborhood meeting shall be held within the City limits of Shoreline.
5.
The neighborhood meeting shall be held anytime between the hours of 5:30 p.m. and 9:30 p.m. on weekdays or anytime between the hours of 9:00 a.m. and 9:00 p.m. on weekends.
6.
The neighborhood meeting agenda shall cover the following items:
a.
Introduction of neighborhood meeting organizer (i.e., developer, property owner, etc.);
b.
Description of proposed project;
c.
Listing of permits that are anticipated for the project;
d.
Description of how comments made at the neighborhood meeting are used;
e.
Provide meeting attendees with the City’s contact information;
f.
Provide a sign-up sheet for attendees.
C.
The applicant shall provide to the City a written summary or checklist of the neighborhood meeting. The summary shall include the following:
1.
A copy of the mailed notice of the neighborhood meeting with a mailing list of residents who were notified.
2.
Who attended the meeting (list of persons and their addresses).
3.
A summary of concerns, issues, and problems expressed during the meeting.
4.
A summary of concerns, issues, and problems the applicant is unwilling or unable to address and why.
5.
A summary of proposed modifications, or site plan revisions, addressing concerns expressed at the meeting.
Staff will mail the summary of the neighborhood meeting to all persons who attended the neighborhood meeting, signed in and provided a legible address.
(Ord. 238 Ch. III § 4(b), 2000; Ord. 299 § 1, 2002; Ord. 406 § 1, 2006; Ord. 669 § 1 (Exh. A), 2013; Ord. 695 § 1 (Exh. A), 2014; Ord. 882 § 1 (Exh. D), 2020; Ord. 968 § 1 (Exh. A), 2022)
§ 20.30.100 Application.
A.
Who may apply:
1.
The property owner, or an agent of the owner with authorized proof of agency may apply for a Type A, B, or C action, or for a site-specific Comprehensive Plan amendment.
2.
Prior to purchase, acquisition, or owner authorization, a public agency operating an urban public transportation system providing transit services within the city may apply for a Type A, B, or C action, in order to develop the urban public transportation system, including any light rail transit facility or system, bus rapid transit facility or system, or any portion of such facility or system, for property that the governing body of the public agency has passed a resolution or motion authorizing acquisition or use. Permits or approvals shall not be issued until all of the necessary property interests, such as fee simple or easement, are secured and/or access to the property for such work has been otherwise approved by the owner of the property.
3.
Nothing in this subsection shall prohibit the regional transit authority and City from entering into an agreement to the extent permitted by the Code or other applicable law.
4.
The City Council or the Director may apply for a project-specific or site-specific rezone or for an area-wide rezone.
5.
Any person may propose an amendment to the Comprehensive Plan. The amendment(s) shall be considered by the City during the annual review of the Comprehensive Plan.
6.
Any person may request that the City Council, Planning Commission, or Director initiate amendments to the text of the Development Code.
7.
Application(s) for any Type A, B, or C permits shall not be accepted and/or issued for any lot, tract, or parcel of land following the issuance of a notice and order to correct regarding activity occurring on that lot, tract or parcel of land, unless the identified violations are corrected or required to be corrected as a condition of approval and all fees or penalties satisfied prior to application except when the permit is required to obtain compliance or where an enforceable compliance plan to resolve the violation(s) has been entered into by the City.
B.
All applications for permits or actions within the City shall be submitted on official forms prescribed and provided by the Department.
At a minimum, each application shall include:
1.
An application form with the authorized signature of the applicant.
2.
The appropriate application fee based on the official fee schedule (Chapter 3.01 SMC).
3.
The Director may waive City imposed development fees for the construction of new or the remodel of existing affordable housing that complies with SMC §§ 20.40.230 or 20.40.235 based on the percentage of units affordable to residents whose annual income will not exceed 60 percent of the King County Area Median Income. For example, if 20 percent of the units are affordable to residents with incomes 60 percent or less of the King County Area Median Income, then the applicable fees could also be reduced by 20 percent.
C.
The Director shall specify submittal requirements, including type, detail, and number of copies for an application to be complete. The permit application forms, copies of all current regulations, and submittal requirements that apply to the subject application shall be available from the Department.
D.
Expiration. Absent statute or ordinance provisions to the contrary, any application for which a determination of completeness has been issued and for which no substantial steps have been taken to meet permit approval requirements for a period of 180 days after issuance of the determination of completeness will expire and become null and void. The Director may grant a 180-day extension on a one-time basis if the failure to take a substantial step was due to circumstances beyond the control of the applicant.
(Ord. 238 Ch. III § 4(c), 2000; Ord. 406 § 1, 2006; Ord. 731 § 1 (Exh. A), 2015; Ord. 741 § 1 (Exh. A), 2016; Ord. 907 § 1 (Exh. C), 2020; Ord. 930 § 1 (Exh. A-1), 2021)
§ 20.30.110 Determination of completeness and requests for additional information.
A.
An application shall be determined procedurally complete when:
1.
It meets the procedural submission requirements of the City of Shoreline;
2.
All information required in specified submittal requirements for the application has been provided, even though additional information may be required, or project modifications may be undertaken. The City may, at its discretion and at the applicant’s expense, retain a qualified professional to review and confirm the applicant’s reports, studies and plans.
a.
If the procedural submission requirements as outlined on the permit application have been provided, the need for additional information or studies may not preclude a completeness determination.
B.
Within 28 calendar days of receiving a permit application for Type A, B and/or C applications, the City shall provide a written determination to the applicant.
1.
The written determination must state either:
a.
The application is complete; or
b.
The application is incomplete and that the procedural submission requirements of the local government have not been met. The determination shall outline what is necessary to make the application procedurally complete.
2.
If the Department fails to provide a determination of completeness, the application shall be deemed procedurally complete on the twenty-ninth calendar day after submittal.
C.
If the application is determined to be incomplete and additional information has been requested, then within 14 calendar days of an applicant submitting the requested additional information, the Department shall notify the applicant whether the application is complete or what additional information is necessary.
D.
If the applicant fails to provide the required information within 90 days of the date of the written notice that the application is incomplete, or a request for additional information is made, the application shall be deemed null and void. In this case the applicant may request a refund of the application fee minus the City’s cost of processing. The Director may grant 90-day extensions if the applicant requests the extension in writing prior to the expiration date and documents that the failure to take a substantial step was due to circumstances beyond the control of the applicant.
E.
The determination of completeness shall not preclude the City from requesting additional information or studies if new information is required or substantial changes are made to the proposed action.
(Ord. 238 Ch. III § 4(d), 2000; Ord. 324 § 1, 2003; Ord. 406 § 1, 2006; Ord. 731 § 1 (Exh. A), 2015; Ord. 907 § 1 (Exh. C), 2020; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.30.120 Public notices of application.
A.
Within 14 calendar days of the determination of completeness, the City shall issue a notice of complete application for all Type B and C applications.
B.
The notice of complete application shall include the following information:
1.
The dates of application, determination of completeness, and the date of the notice of application;
2.
The name of the applicant;
3.
The location and description of the project;
4.
The requested actions and/or required studies;
5.
The date, time, and place of an open record hearing, if one has been scheduled;
6.
Identification of environmental documents, if any;
7.
A statement of the public comment period (if any), not less than 14 days nor more than 30 days; and a statement of the rights of individuals to comment on the application, receive notice and participate in any hearings, request a copy of the decision (once made) and any appeal rights. The public comment period shall be 30 days for a shoreline substantial development permit, shoreline variance, or a shoreline conditional use permit;
8.
The City staff Project Manager and phone number;
9.
Identification of the development regulations used in determining consistency of the project with the City’s Comprehensive Plan; and
10.
Any other information that the City determines to be appropriate.
C.
The notice of complete application shall be made available to the public by the Department, through any or all of the following methods (as specified in Tables 20.30.050 and 20.30.060):
1.
Mail. Mailing to owners of real property located within 500 feet of the subject property. Notice of application for SCTF, essential public facilities special use permits, master development plan permits, or development in the MUR-70' zone seeking additional height pursuant to SMC § 20.30.297(C) shall be mailed to residents and property owners within 1,000 feet of the proposed site;
2.
Post Site. Posting the property (for site-specific proposals). For SCTF or essential public facilities special use permits, and master development plan permits, enlarged notice of application signs (a minimum of four feet by four feet) as approved by the City of Shoreline shall be posted on all sides of the parcel(s) that front on a street. The Director may require additional signage on large or unusually shaped parcels;
3.
Newspaper. The Department shall publish a notice of the application in the newspaper of general circulation for the general area in which the proposal is located. This notice shall include the project location and description, the type of permit(s) required, comment period dates, and the location where the complete application may be reviewed.
D.
The Department must receive all comments received on the notice of application by 5:00 p.m. on the last day of the comment period.
(Ord. 238 Ch. III § 4(e), 2000; Ord. 591 § 1 (Exh. A), 2010; Ord. 695 § 1 (Exh. A), 2014; Ord. 882 § 1 (Exh. D), 2020; Ord. 968 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.30.130 Optional consolidated permit process.
An applicant may elect to submit a consolidated project permit application. Such request shall be presented by the applicant in writing and simultaneously with submittal of all applications to be consolidated. The review shall be conducted using the highest process type applicable to any of the applications. If the application for consolidated permit process requires action from more than one hearing body, the decision authority in the consolidated permit review process shall be the decision making authority with the broadest discretionary powers.
(Ord. 238 Ch. III § 4(f), 2000; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.30.140 Permit processing time limits.
A.
Decisions under Type A, B or C actions shall be made within the time frames specified in this section.
1.
Decisions for Type A actions shall be made within 65 calendar days from the date of a determination that the application is complete.
2.
Decisions for Type B action shall be made within 100 calendar days from the date of a determination that the application is complete.
3.
Decisions for Type C actions shall be made within 170 calendar days from the date of a determination that the application is complete.
Exceptions to these time limits are: | ||
1. | The time required to prepare and issue a draft and final Environmental Impact Statement (EIS) in accordance with the State Environmental Policy Act. | |
2. | Any period for administrative appeals of project permits. | |
3. | An extension of time mutually agreed upon in writing by the Department and the applicant. | |
4. | Amendments to the Comprehensive Plan or Code. | |
B.
The time limits set for Type A, B, and C actions do not include:
1.
Any period of time during which the applicant has been requested by the Department to correct plans, perform studies or provide additional information. This period of time shall be calculated from the date the Department notifies the applicant of the need for additional information, until the date when responsive information is resubmitted by the applicant or 14 days after the date the information has been provided to the Department, whichever is earlier.
2.
If the Department determines that the additional information submitted to the Department by the applicant under subsection (B)(1) of this section is insufficient, the Department shall notify the applicant of the deficiencies, and the procedures provided in subsection (B)(1) of this section shall apply as if a new request for studies has been made.
3.
Any period of time when an applicant requests, in writing, that they would like to temporarily suspend review of the permit application. This period of time is calculated from the date the Department receives a written notice from the applicant, until that time that the applicant notifies, in writing, that they would like to resume the application. An applicant may request to temporarily suspend review for a maximum of 90 days, after which the permit is expired. The Director may grant 90-day extensions if the applicant requests the extension in writing prior to the expiration date and documents that the need for suspension is necessary due to circumstances beyond the control of the applicant.
C.
If at any time, an applicant requests, in writing, that they would like to temporarily suspend review of the permit application for more than 60 days, or if the applicant is not responsive, pursuant to RCW 36.70B.080, for more than 60 consecutive days after the City has notified the applicant that additional information is required to further process the application, an additional 30 days may be added to the time periods for the City’s action to issue a final decision for each type of project permit applicable to the project permit application.
D.
If at any time changes to an original application are made or requested by an applicant that adds or removes residential or commercial elements for the original application that would make the application fail to meet the determination of procedural completeness for the new proposal, the applicable review time frame will be calculated from the time that the City determines the revised application to be complete.
E.
If the Department is unable to issue its final decision on a project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limit has not been met and an estimated date for issuance of the notice of decision.
(Ord. 238 Ch. III § 4(g), 2000; Ord. 406 § 1, 2006; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.30.150 Public notice of decision.
For Type B and C actions, the Director shall issue and mail a notice of decision to the parties of record and to any person who, prior to the rendering of the decision, requested notice of the decision. The notice of decision may be a copy of the final report, and must include the threshold determination, if the project was not categorically exempt from SEPA. The notice of decision will be posted and published in the newspaper of general circulation for the general area in which the proposal is located.
(Ord. 238 Ch. III § 4(h), 2000; Ord. 299 § 1, 2002; Ord. 406 § 1, 2006; Ord. 581 § 1 (Exh. 1), 2010)
§ 20.30.160 Expiration of vested status of land use permits and approvals.
Except for subdivisions, master development plans and special use permits for public agency uses or where a different duration of approval is indicated in this Code, vested status of an approved land use permit under Type A, B, and C actions shall expire two years from the date of the City’s final decision, unless a complete building permit application is filed before the end of the two-year term. In the event of an administrative or judicial appeal, the two-year term shall not expire. Continuance of the two-year period may be reinstated upon resolution of the appeal.
If a complete building permit application is filed before the end of the two-year term, the vested status of the permit shall be automatically extended for the time period during which the building permit application is pending prior to issuance; provided, that if the building permit application expires or is canceled, the vested status of the permit or approval under Type A, B, and C actions shall also expire or be canceled. If a building permit is issued and subsequently renewed, the vested status of the subject permit or approval under Type A, B, and C actions shall be automatically extended for the period of the renewal.
(Ord. 238 Ch. III § 4(i), 2000; Ord. 406 § 1, 2006; Ord. 581 § 1 (Exh. 1), 2010; Ord. 767 § 1 (Exh. A), 2017)
§ 20.30.165 Permit expiration timelines for clearing and grading and site development permits.
A.
Purpose. A clearing and grading permit may be issued approving land clearing and site grading activities in conjunction with the development of a site. The expiration limitations of this permit are as follows:
1.
Clearing and Grading Permit – Permit Expiration. Clearing and grading permits shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Clearing and grading permits associated with subdivision applications shall expire when the preliminary subdivision approval has expired as set forth by RCW 58.17.140.
2.
Clearing and Grading Permit – Permit Extension. The Director is authorized to grant, in writing, one or more extensions of time for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Extensions may be granted for those permits issued in conjunction with a preliminary subdivision approval that has been extended as provided in RCW 58.17.140.
B.
Purpose. A site development permit may be issued approving engineering plans for infrastructure and grading improvements required in conjunction with the development of a site. The expiration limitations of this permit are as follows:
1.
Site Development Permit – Permit Expiration. Site development permits shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Site development permits associated with subdivision applications shall expire when the preliminary subdivision approval has expired as set forth by RCW 58.17.140.
2.
Site Development Permit – Permit Extension. The Director is authorized to grant, in writing, one or more extensions of time for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Extensions may be granted for those permits issued in conjunction with a preliminary subdivision approval that has been extended as provided in RCW 58.17.140.
(Ord. 406 § 1, 2006; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.30.170 Limitations on the number of hearings.
No more than one open record hearing shall be heard on any land use application.
(Ord. 238 Ch. III § 5(a), 2000; Ord. 959 § 1 (Exh. A), 2022)
§ 20.30.180 Public notice of public hearing.
Notice of the time and place of an open record hearing shall be made available to the public by the Department no less than 15 days prior to the hearing, through use of these methods:
• | Mail. Mailing to owners of real property located within 500 feet (1,000 feet for master development plan permits and SCTF or essential public facilities special use permits) of the subject property; |
• | Newspaper. The Department shall publish a notice of the open record public hearing in the newspaper of general circulation for the general area in which the proposal is located; |
• | Post Site. Posting the property (for site-specific proposals). |
(Ord. 238 Ch. III § 5(b), 2000; Ord. 317 § 1, 2003; Ord. 581 § 1 (Exh. 1), 2010; Ord. 591 § 1 (Exh. A), 2010; Ord. 669 § 1 (Exh. A), 2013; Ord. 882 § 1 (Exh. D), 2020)
§ 20.30.190 Effective date of decision.
Unless an administrative appeal is timely filed, a land use decision of the City shall be effective on the date the written decision is issued.
(Ord. 238 Ch. III § 5(c), 2000)
§ 20.30.200 General description of appeals.
A.
Type A decisions may be appealed to the King County Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act.
B.
Type B decisions, except for shoreline permits, may be appealed to the Hearing Examiner pursuant to Chapter 20.30 SMC, Subchapter 4, Land Use Hearings and Appeals. Shoreline substantial development, variance, and conditional use permits may be appealed to the Shoreline Hearings Board pursuant to Chapter 90.58 RCW, Shoreline Management Act.
C.
Type C decisions may be appealed to the King County Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act.
D.
Type L decisions, except for development agreements, may be appealed to the Growth Management Hearings Board pursuant to Chapter 36.70A RCW, Growth Management Act. Development agreements may be appealed to the King County Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act.
Decision Type | Appeal Authority |
|---|---|
Type A | King County Superior Court – Chapter 36.70C RCW |
Type B (nonshoreline) | Hearing Examiner – Chapter 20.30 SMC, Subchapter 4 (1) |
Type B (shoreline) | Shoreline Hearings Board – Chapter 90.58 RCW |
Type C | King County Superior Court – Chapter 36.70C RCW |
Type L (Comprehensive Plan and development regulations) | Growth Management Hearings Board – Chapter 36.70A RCW |
Type L (development agreements) | King County Superior Court – Chapter 36.70C RCW |
Notes: |
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(1) Final decisions of an appeal on a Type B decision to the Hearing Examiner may be appealed as provided in Chapter 20.30 SMC, Subchapter 4. |
(Ord. 238 Ch. III § 5(d), 2000; Ord. 581 § 1 (Exh. 1), 2010; Ord. 959 § 1 (Exh. A), 2022)
§ 20.30.210 Grounds for administrative appeal.
Any administrative appeal shall be linked to the criteria of the underlying land use decision. The grounds for filing an appeal shall be limited to the following:
A.
The Director exceeded their jurisdiction or authority;
B.
The Director failed to follow applicable procedures in reaching the decision;
C.
The Director committed an error of law; or
D.
The findings, conclusions or decision prepared by the Director or review authority are not supported by substantial evidence.
(Ord. 238 Ch. III § 5(e), 2000)
§ 20.30.220 Commencing an administrative appeal.
A.
Any aggrieved person may appeal a decision to the Hearing Examiner. Only Type B decisions may be appealed.
B.
Appeals, and the appeal fee set forth in the fee schedule adopted pursuant to Chapter 3.01 SMC, must be received by the City Clerk no later than 5:00 p.m. local time on the fourteenth calendar day following the date of the notice of the Director’s decision.
C.
Appeals shall be in writing and comply with the form and content requirements of the rules of procedure adopted by the Hearing Examiner pursuant to SMC § 2.15.070. The written appeal statement shall contain a concise statement demonstrating the person is adversely affected by the decision; identifying each alleged error of fact, law, or procedure and the manner in which the decision fails to satisfy the applicable decision criteria; and the specific relief requested.
(Ord. 238 Ch. III § 5(f), 2000; Ord. 469 § 1, 2007; Ord. 959 § 1 (Exh. A), 2022)
§ 20.30.230 Administrative appeal process.
A.
All administrative appeals are conducted pursuant to rules of procedure adopted by the Hearing Examiner pursuant to SMC § 2.15.070.
B.
No more than one open record hearing shall be heard on any permit decision.
C.
An appeal shall be heard and decided within 90 days from the date the appeal is filed. The parties may agree in writing to extend this time. Any extension of time must be submitted to the Hearing Examiner for approval.
D.
Timely filing of an appeal shall stay the effective date of the Director’s decision until the appeal is ruled upon by the Hearing Examiner or withdrawn by the appellant. A subsequent appeal of the Hearing Examiner’s decision to the King County Superior Court shall not stay the effectiveness of the Director’s decision unless the Court issues an order staying the decision.
E.
The hearing shall be limited to the issues set forth in the written appeal statement. Participation in the appeal shall be limited to the appellant, City, including all staff, and the applicant for the proposal subject to appeal, if not the appellant.
(Ord. 238 Ch. III § 5(g), 2000; Ord. 959 § 1 (Exh. A), 2022)
§ 20.30.240 Judicial review.
No person may seek judicial review of any decision of the City, unless that person first exhausts the administrative remedies provided by the City.
(Ord. 238 Ch. III § 5(h), 2000)
§ 20.30.250 Judicial appeals.
Any judicial appeal shall be filed in accordance with State law. If there is not a statutory time limit for filing a judicial appeal, the appeal shall be filed within 21 calendar days after a final decision is issued by the City.
(Ord. 238 Ch. III § 5(i), 2000)
§ 20.30.260 Conflicts.
In the event of any conflict between any provision of this Chapter and any other City ordinance, the provisions of this chapter shall control. specifically, but without limitation, this means that the provisions of this chapter shall control with reference to authority to make decisions and the timeframe for making those decisions, including the requirements to file an appeal.
(Ord. 238 Ch. III § 5(j), 2000)
§ 20.30.270 Dismissals.
The appeal authority may dismiss an appeal in whole or in part without a hearing, if the appeal authority determines that the appeal or application is untimely, frivolous, beyond the scope of the appeal authority’s jurisdiction, brought merely to secure a delay, or that the appellant lacks standing.
(Ord. 238 Ch. III § 5(k), 2000)
§ 20.30.280 Nonconformance.
A.
Any use, structure, lot or other site improvement (e.g., landscaping or signage), which was legally established prior to the effective date of a land use regulation that rendered it nonconforming shall be considered nonconforming if:
1.
The use is now prohibited or cannot meet use limitations applicable to the zone in which it is located; or
2.
The use or structure does not comply with the development standards or other requirements of this code;
3.
A change in the required permit review process shall not create a nonconformance.
B.
Abatement of Illegal Use, Structure or Development. Any use, structure, lot or other site improvement not established in compliance with use, lot size, building, and development standards in effect at the time of establishment shall be deemed illegal and shall be discontinued or terminated and subject to removal.
C.
Continuation and Maintenance of Nonconformance. A nonconformance may be continued or physically maintained as provided by this code.
1.
Any nonconformance that is brought into conformance for any period of time shall forfeit status as a nonconformance.
2.
Discontinuation of Nonconforming Use. A nonconforming use shall not be resumed when abandonment or discontinuance extends for 12 consecutive months.
3.
Repair or Reconstruction of Nonconforming Structure. Any structure nonconforming as to height or setback standards may be repaired or reconstructed; provided, that:
a.
The extent of the previously existing nonconformance is not increased;
b.
The building permit application for repair or reconstruction is submitted within 12 months of the occurrence of damage or destruction; and
c.
The provisions of Chapter 13.12 SMC, Floodplain Management, are met when applicable.
4.
Modifications to Nonconforming Structures. Modifications to a nonconforming structure may be permitted; provided, the modification does not increase the area, height or degree of an existing nonconformity. Modification of structures that are nonconforming with regards to critical areas may only be permitted consistent with SMC § 20.80.080.
D.
Expansion of Nonconforming Use. A nonconforming use may be expanded subject to approval of a conditional use permit unless the indexed supplemental criteria (SMC § 20.40.200) requires a special use permit for expansion of the use under the Code. A nonconformance with the development standards shall not be created or increased and the total expansion shall not exceed 10 percent of the use area. Single-family additions shall be limited to 50 percent of the use area or 1,000 square feet, whichever is lesser (subject to NR3 development standards), and shall not require a conditional use permit in the MUR-45’ and MUR-70’ zones.
E.
Nonconforming Lots. Any permitted use may be established on an undersized lot, which cannot satisfy the lot size or width requirements of this code; provided, that:
1.
All other applicable standards of the code are met; or a variance has been granted;
2.
The lot was legally created and satisfied the lot size and width requirements applicable at the time of creation;
3.
The lot cannot be combined with contiguous undeveloped lots to create a lot of required size;
4.
No unsafe condition is created by permitting development on the nonconforming lot; and
5.
The lot was not created as a “special tract” to protect critical area, provide open space, or as a public or private access tract.
F.
Nonconformance Created by Government Action.
1.
Where a lot, tract, or parcel is occupied by a lawful use or structure, and where the acquisition of right-of-way, by eminent domain, dedication or purchase, by the City or a County, State, or Federal agency creates noncompliance of the use or structure regarding any requirement of this code, such use or structure shall be deemed lawful and subject to regulation as a nonconforming use or structure under this section.
2.
Existing signs that are nonconforming may be relocated on the same parcel if displaced by government action, provided setback standards are met to the extent feasible. If an existing conforming or nonconforming sign would have setbacks reduced below applicable standards as a result of government action, the sign may be relocated on the same parcel to reduce the setback nonconformity to the extent feasible. To be consistent with SMC § 20.50.590(A), the signs shall not be altered in size, shape, or height.
3.
A nonconforming lot created under this subsection (F) shall qualify as a building site pursuant to RCW 58.17.210, provided the lot cannot be combined with a contiguous lot(s) to create a conforming parcel.
G.
Change of Use – Single Tenant. If any applicant proposes a change of use on a lot used or occupied by a single tenant or use, the applicant shall meet those Code provisions determined by the Director to be reasonably related and applicable to the change in use. These provisions shall apply to the entire lot.
H.
Change of Use – Multi-Tenant. If any applicant proposes a change of use on a portion of a lot occupied by multiple tenants or uses, the applicant shall meet those code provisions determined by the Director to be reasonably related and applicable to the change in use. These provisions shall apply only to that geographic portion of the lot related to the use or tenant space on which the change is proposed.
(Ord. 238 Ch. III § 6, 2000; Ord. 352 § 1, 2004; Ord. 515 § 1, 2008; Ord. 669 § 1 (Exh. A), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 724 § 1 (Exh. A), 2015; Ord. 731 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017; Ord. 1043 § 1 (Exh. A), 2025; Ord. 1045 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.30.290 Deviation from the engineering standards (Type A action).
A.
Purpose. Deviation from the engineering standards is a mechanism to allow the City to grant an adjustment in the application of engineering standards where there are unique circumstances relating to the proposal.
B.
Decision Criteria. The Director of Public Works may grant an engineering standards deviation only if the applicant demonstrates all of the following:
1.
The granting of such deviation will not be materially detrimental to the public welfare or injurious or create adverse impacts to the property or other property(s) and improvements in the vicinity and in the zone in which the subject property is situated;
2.
The authorization of such deviation will not adversely affect the implementation of the Comprehensive Plan adopted in accordance with State law;
3.
The deviation is not in conflict with the standards of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, or Shoreline Master Program, SMC Title 20, Division II;
4.
A deviation from engineering standards may only be granted if the proposal meets the following criteria:
a.
Conform to the intent and purpose of the Code;
b.
Produce a compensating or comparable result which is in the public interest; and
c.
Meet the objectives of safety, function and maintainability based upon sound engineering judgment;
5.
Deviations from road standards must meet the objectives for fire protection. Any deviation from road standards, which does not meet the International Fire Code, shall also require concurrence by the Fire Marshal;
6.
Deviations from drainage standards contained in the Stormwater Manual and Chapter 13.10 SMC must meet the objectives for appearance and environmental protection;
7.
Deviations from drainage standards contained in the Stormwater Manual and Chapter 13.10 SMC must be shown to be justified and required for the use and situation intended;
8.
Deviations from drainage standards for facilities that request use of emerging technologies, an experimental water quality facility or flow control facilities must meet these additional criteria:
a.
The new design is likely to meet the identified target pollutant removal goal or flow control performance based on limited data and theoretical consideration;
b.
Construction of the facility can, in practice, be successfully carried out; and
c.
Maintenance considerations are included in the design, and costs are not excessive or are borne and reliably performed by the applicant or property owner;
9.
Deviations from utility standards may only be granted if following facts and conditions exist:
a.
The deviation shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located;
b.
The deviation is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and
c.
The granting of such deviation is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity.
(Ord. 238 Ch. III § 7(a), 2000; Ord. 406 § 1, 2006; Ord. 531 § 1 (Exh. 1), 2009; Ord. 724 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017; Ord. 907 § 1 (Exh. C), 2020)
§ 20.30.295 Temporary use.
A.
A temporary use permit is a mechanism by which the City may permit a use to locate within the City (on private property or on the public rights-of-way) on an interim basis, without requiring full compliance with the Development Code standards or by which the City may permit seasonal or transient uses not otherwise permitted.
B.
The following uses shall be exempt from requirements for a temporary use permit when located on private property in the NB, CB, MB or TC-1, 2 or 3 zone:
1.
Retail sales not to exceed a total of 30 days each calendar year; and
2.
Any use not exceeding a cumulative total of two days each calendar year.
C.
The Director may approve or modify and approve an application for a temporary use permit if:
1.
The temporary use will not be materially detrimental to public health, safety, or welfare, nor injurious to property and improvements in the immediate vicinity of the subject temporary use;
2.
The temporary use is not incompatible in intensity and appearance with existing land uses in the immediate vicinity of the temporary use;
3.
Hours of operation of the temporary use are specified;
4.
The temporary use will not create noise, light, or glare which would adversely impact surrounding uses and properties; and
5.
The temporary use is not in conflict with the standards of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, and is located outside the shoreline jurisdiction regulated by the Shoreline Master Program, SMC Title 20, Division II.
D.
Except for transitional encampments and emergency temporary shelters, a temporary use permit is valid for up to 60 calendar days; provided, that this requirement applies only to the days that the use is operating, except that the Director may establish a shorter time frame or extend a temporary use permit for up to one year.
E.
Additional Criteria for Transitional Encampment and Emergency Temporary Shelters.
1.
The site must be owned or leased by either a host or managing agency.
2.
The application fee for a temporary use permit (TUP) for a transitional encampment or emergency temporary shelter is waived.
3.
Prior to application submittal, the applicant is required to hold a neighborhood meeting and provide a written summary as set forth in SMC §§ 20.30.045 and 20.30.090.
4.
For transitional encampments, the applicant shall utilize only government-issued identification such as a State or tribal issued identification card, driver’s license, military identification card, or passport from prospective encampment residents to develop a list for the purpose of obtaining sex offender and warrant checks. The applicant shall submit the identification list to the King County Sheriff’s Office Communications Center. No identification is required for people to utilize an emergency temporary shelter.
5.
The applicant shall have a code of conduct that articulates the rules and regulations of the encampment or shelter. These rules shall include, at a minimum, prohibitions against alcohol and/or drug use and violence. Transitional encampments must also include provisions that, at minimum, prohibit sex offenders. For transitional encampments, the applicant shall keep a cumulative list of all residents who stay overnight in the encampment, including names and dates. The list shall be kept on site for the duration of the encampment. The applicant shall provide an affidavit of assurance with the permit submittal package that this procedure will be met and will continue to be updated during the duration of the encampment.
6.
The maximum number of residents at a transitional encampment site shall be determined taking into consideration site conditions, but shall in no case be greater than 100 residents at any one time. Any proposed site shall meet the site requirements in subsection (E)(7) of this section and be of sufficient size to support the activities of the transitional encampment without overcrowding of residents.
7.
Site Requirements for Transitional Encampments.
a.
The minimum usable site area for a transitional encampment shall be: 7,500 square feet for the first 50 residents, plus 150 square feet for each additional resident, up to the maximum allowable of 100 residents. The usable site area may be a combination of contiguous parcels in the same ownership of the host or managing agency.
b.
Tents and supporting facilities within an encampment must meet 10-foot setbacks from neighboring property lines, not including right-of-way lines or properties under the same ownership as the host agency. Setback from rights-of-way must be a minimum of five feet. Additional setback from rights-of-way may be imposed based on the City’s Traffic Engineer’s analysis of what is required for safety. Setbacks to neighboring property lines may be reduced by the Director to a minimum of five feet if it can be determined that the reduction will result in no adverse impact on the neighboring properties, taking into account site conditions that extend along the entire encampment area, including but not limited to:
i.
Topography changes from adjoining property;
ii.
Visually solid, minimum six-foot height, intervening structures;
iii.
Distance from nearest structure on neighboring property;
iv.
Vegetation that creates a visual screen.
c.
The transitional encampment shall be screened. The screening shall meet setbacks except screening or structures that act as screening that are already in existence. The color of the screening shall not be black.
d.
A fire permit is required for all tents over 400 square feet. Fire permit fees are waived.
e.
All tents must be made of fire resistant materials and labeled as such.
f.
Provide adequate number of 2A-10BC rated fire extinguishers so that they are not more than 75 feet travel distance from any portion of the complex. Recommend additional extinguishers in cooking area and approved smoking area.
g.
Smoking in designated areas only; these areas must be a minimum of 25 feet from any neighboring residential property. Provide ashtrays in areas approved for smoking.
h.
Emergency vehicle access to the site must be maintained at all times.
i.
Members of the transitional encampment shall monitor entry points at all times. A working telephone shall be available to ensure the safety and security of the transitional encampment at all times.
j.
Provide adequate sanitary facilities.
8.
Emergency temporary shelters may be located within an existing building subject to applicable building and fire codes and must obtain a fire operational permit prior to occupancy.
9.
For emergency temporary shelters, the applicant shall provide a list of conditions that warrant opening the shelter.
10.
Transitional encampments and emergency temporary shelters shall permit inspections by City, King County Health Department, and Fire Department inspectors at reasonable times during the permit period without prior notice to ensure compliance with the conditions of the permit.
11.
Transitional encampments and emergency temporary shelters shall allow for an inspection by the Shoreline Fire Department during the initial week of the encampment’s occupancy.
12.
Transitional encampments and emergency temporary shelters may be allowed to stay under the temporary use permit for up to 90 days. A TUP extension may be granted for a total of 180 days on sites where hosts or agencies in good standing have shown to be compliant with all regulations and requirements of the TUP process, with no record of rules violations. The extension request must be made to the City but does not require an additional neighborhood meeting or additional application materials or fees.
13.
Host or managing agencies may not host a transitional encampment or temporary emergency shelter on the same site within 180 days of the expiration date of the TUP for a transitional encampment or temporary emergency shelter.
14.
At expiration of the permit, the host or managing agency shall restore the property to the same or similar condition as at permit issuance.
(Ord. 425 § 1, 2006; Ord. 724 § 1 (Exh. A), 2015; Ord. 762 § 1 (Exh. A), 2017; Ord. 907 § 1 (Exh. C), 2020; Ord. 1043 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.30.297 Administrative design review (Type A).
A.
Administrative design review approval of departures from the design standards in SMC §§ 20.40.465(D), 20.50.080 through 20.50.090, 20.50.160 through 20.50.190, 20.50.220 through 20.50.250, Chapter 20.50 SMC, Subchapter 6, SMC §§ 20.50.450 through 20.50.510, and 20.50.530 through 20.50.620 shall be granted by the Director upon their finding that the departure is:
1.
Consistent with the purposes or intent of the applicable subsections; or
2.
Justified due to unusual site constraints so that meeting the design standards represents a hardship to achieving full development potential.
B.
Projects applying for the Deep Green Incentive Program by certifying through the Living Building or Community Challenge, Petal Recognition, Emerald Star, LEED-Platinum, 5-Star, 4-Star, PHIUS+, PHIUS+ Source Zero/Salmon Safe, or Zero Energy/Salmon Safe programs may receive departures from development standards under Chapters 20.40, 20.50, 20.60, and/or 20.70 SMC upon the Director’s finding that the departures meet subsections (A)(1) and/or (A)(2) of this section, and as further described under SMC § 20.50.630. Submittal documents shall include proof of enrollment in the programs listed above.
C.
Developments in the MUR-70' zone exceeding the base height and which are not utilizing the significant tree retention height incentive in Table 20.50.020(2), footnote 12, or the height incentive within the Deep Green Incentive Program in SMC § 20.50.630, shall be subject to administrative design review approval. The Director shall grant approval of developments up to 140 feet in height upon their finding that the development:
1.
Is consistent with the goals and policies of the Comprehensive Plan; and
2.
Will be supported by adequate infrastructure, facilities, and public services to serve the development; and
3.
Conducts a neighborhood meeting, in accordance with SMC § 20.30.090, and the additional requirements below, prior to application.
a.
Notice signs for the neighborhood meeting shall be designed and purchased by the developer and, at a minimum, be four feet by four feet in dimension. The signs shall be posted on all sides of the parcel(s) that front on a street. The signs must be posted at a minimum 14 days prior to the neighborhood meeting and remain on site a minimum of 14 days following the neighborhood meeting. The signs must include the date, time and location of the in-person neighborhood meeting and a description of the project, zoning of the property, a basic 8a-4 Page 5 site plan, and contact information for the developer for questions or more information.
b.
The developer shall host an online open house/website in addition to the in-person neighborhood meeting where people can read a description of the project, see plans and elevations of the project, and submit comments. The online open house/website must be viewable to the public a minimum 14 days prior to the in-person neighborhood meeting and 14 days after the in-person neighborhood meeting.
c.
The neighborhood meeting summary from the in-person neighborhood meeting and online open house/website shall be posted on the City’s website.
(Ord. 609 § 6, 2011; Ord. 654 § 1 (Exh. 1), 2013; Ord. 760 § 1 (Exh. A), 2017; Ord. 839 § 1 (Exh. A), 2019; Ord. 930 § 1 (Exh. A-1), 2021; Ord. 968 § 1 (Exh. A), 2022; Ord. 984 § 1 (Exh. A), 2023; Ord. 1000 § 1 (Exh. A), 2023; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.30.300 Conditional use permit – CUP (Type B action).
A.
Purpose. The purpose of a conditional use permit is to locate a permitted use on a particular property, subject to conditions placed on the permitted use to ensure compatibility with nearby land uses.
B.
Threshold. The purpose of this section is to determine when a conditional use permit is required. A conditional use permit is required if either of the following occurs:
1.
The use area is expanded by 20 percent or more of the current use area (measured in square feet). For example, the use area is currently 2,000 square feet and a 400-square-foot addition that expands the use area is proposed, so a conditional use permit is required.
2.
Thresholds are cumulative for any given parcel. This shall include all structures on other parcels if the use area under permit review extends into other parcels.
C.
Decision Criteria (Applies to All Conditional Uses). A conditional use permit may be granted by the City, only if the applicant demonstrates that:
1.
The conditional use is compatible with the Comprehensive Plan and designed in a manner which is compatible with the character and appearance with the existing or proposed development in the vicinity of the subject property;
2.
The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;
3.
The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property;
4.
Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title;
5.
The conditional use is not in conflict with the health and safety of the community;
6.
The proposed location shall not result in either the detrimental over-concentration of a particular use within the City or within the immediate area of the proposed use, unless the proposed use is deemed a public necessity;
7.
The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood; and
8.
The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities.
D.
Decision Criteria (Fleet Base, Minor). In addition to the criteria in subsection C of this section, a conditional use permit for a minor fleet base may be granted by the City only if the applicant demonstrates the following standards are met:
1.
In the community business (CB) zone, the site has frontage on a State highway.
2.
In the NR1, NR2, and NR3 zones, when the site is a minimum of 10 acres in size and abuts a limited access State highway from which the site has direct vehicular access.
3.
Is consistent with adopted planning documents, which may include, but are not limited to, Community Renewal Area plans and zoning district overlays.
4.
Measures needed to mitigate identified impacts on the built and natural environment, which may include, but are not limited to, those that mitigate impacts on safe walking routes to schools, intensity, hazardous or toxic chemicals or conditions, noise, odor, light glare, circulation, and/or visual impacts, including use of landscaping and other screening, or other measures to ensure the impact is eliminated or reduced on the surrounding area.
5.
The site has sufficient vehicular access for fleet vehicles to and from a designated arterial improved to City standards.
E.
Suspension or Revocation of Permit.
1.
The Director may suspend or revoke any conditional use permit whenever:
a.
The permit holder has failed to substantially comply with any terms or conditions of the permit’s approval;
b.
The permit holder has committed a violation of any applicable state or local law in the course of performing activities subject to the permit;
c.
The use for which the permit was granted is being exercised as to be detrimental to the public health, safety, or general welfare, or so as to constitute a public nuisance;
d.
The permit was issued in error or on the basis of materially incorrect information supplied to the City; or
e.
Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled.
2.
The Director shall issue a notice and order in the same manner as provided in SMC § 20.30.760.
a.
The notice and order shall clearly set forth the date that the conditional use permit shall be suspended or revoked.
b.
The permit holder may appeal the notice and order to the Hearing Examiner as provided in SMC § 20.30.790. The filing of such appeal shall stay the suspension or revocation date during the pendency of the appeal.
c.
The Hearing Examiner shall issue a written decision to affirm, modify, or overrule the suspension or revocation, with or without additional conditions, such as allowing the permit holder a reasonable period to cure the violation(s).
3.
Notwithstanding any other provision of this subsection E, the Director may immediately suspend operations under any permit by issuing a stop work order.
4.
If a conditional use permit has been suspended or revoked, continuation of the use shall be considered an illegal occupancy and subject to every legal remedy available to the City, including civil penalties as provided for in SMC § 20.30.770(D).
F.
Transferability. Unless otherwise restricted by the terms and conditions at issuance of the conditional use permit, the conditional use permit shall be assigned to the applicant and to a specific parcel. A new CUP shall be required if a permit holder desires to relocate the use permitted under a CUP to a new parcel. If a CUP is determined to run with the land and the Director finds it in the public interest, the Director may require that it be recorded in the form of a covenant with the King County Recorder’s Office. Compliance with the terms and conditions of the conditional use permit is the responsibility of the current property owner, whether the applicant or a successor.
G.
Expiration.
1.
Any conditional use permit which is issued and not utilized within the time specified in the permit or, if no time is specified, within two years from the date of the City’s final decision shall expire and become null and void.
2.
A conditional use permit shall be considered utilized for the purpose of this section upon submittal of:
a.
A complete application for all building permits required in the case of a conditional use permit for a use which would require new construction;
b.
An application for a certificate of occupancy and business license in the case of a conditional use permit which does not involve new construction; or
c.
In the case of an outdoor use, evidence that the subject parcel has been and is being utilized in accordance with the terms and conditions of the conditional use permit.
3.
If after a conditional use has been established and maintained in accordance with the terms of the conditional use permit, the conditional use is discontinued for a period of 12 consecutive months, the permit shall expire and become null and void.
H.
Extension. Upon written request by a property owner or their authorized representative prior to the date of conditional use permit expiration, the Director may grant an extension of time up to but not exceeding 180 days. Such extension of time shall be based upon findings that the proposed project is in substantial conformance, as to use, size, and site layout, to the issued permit; and there has been no material change of circumstances applicable to the property since the granting of said permit which would be injurious to the neighborhood or otherwise detrimental to the public health, safety and general welfare.
(Ord. 238 Ch. III § 7(b), 2000; Ord. 896 § 1 (Exh. A), 2020; Ord. 959 § 1 (Exh. A), 2022; Ord. 999 § 1 (Exh. A), 2024; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.30.310 Zoning variance (Type B action).
A.
Purpose. A zoning variance is a mechanism by which the City may grant relief from the zoning provisions and standards of the Code, where practical difficulty renders compliance with the Code an unnecessary hardship.
B.
Decision Criteria. A variance may be granted by the City, only if the applicant demonstrates all of the following:
1.
The variance is necessary because of the unique size, shape, topography, or location of the subject property;
2.
The strict enforcement of the provisions of this title creates an unnecessary hardship to the property owner;
3.
The subject property is deprived, by provisions of this title, of rights and privileges enjoyed by other properties in the vicinity and under an identical zone;
4.
The need for the variance is not the result of deliberate actions of the applicant or property owner, including any past owner of the same property;
5.
The variance is compatible with the Comprehensive Plan;
6.
The variance does not create a health or safety hazard;
7.
The granting of the variance will not be materially detrimental to the public welfare or injurious to:
a.
The property or improvements in the vicinity; or
b.
The zone in which the subject property is located;
8.
The variance does not relieve an applicant from:
a.
Any of the procedural or administrative provisions of this title; or
b.
Any standard or provision that specifically states that no variance from such standard or provision is permitted; or
c.
Use or building restrictions; or
d.
Any provisions of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, and is located outside the shoreline jurisdiction regulated by the Shoreline Master Program, SMC Title 20, Division II;
9.
The variance from setback or height requirements does not infringe upon or interfere with easement or covenant rights or responsibilities;
10.
The variance does not allow the establishment of a use that is not otherwise permitted in the zone in which the proposal is located; or
11.
The variance is the minimum necessary to grant relief to the applicant.
(Ord. 238 Ch. III § 7(c), 2000; Ord. 324 § 1, 2003; Ord. 724 § 1 (Exh. A), 2015; Ord. 907 § 1 (Exh. C), 2020)
§ 20.30.315 Site development permit.
A.
Purpose. The purpose of a site development permit is to provide a mechanism to review activities that propose to develop or redevelop a site, not including structures, to ensure conformance to applicable codes and standards.
B.
General Requirements. A site development permit is required for the following activities or as determined by the Director of Planning and Community Development:
1.
The construction of two or more detached single-family dwelling units on a single parcel;
2.
Site improvements associated with short and formal subdivisions; or
3.
The construction of two or more nonresidential or multifamily structures on a single parcel; or
4.
Site improvements that require minimum requirement Nos. 1 to 5, as set forth in the Stormwater Manual, as modified by Division 3 of the Engineering Development Manual.
C.
Review Criteria. A site development permit that complies with all applicable development regulations and requirements for construction shall be approved.
(Ord. 439 § 1, 2006; Ord. 695 § 1 (Exh. A), 2014; Ord. 907 § 1 (Exh. B), 2020)
§ 20.30.320 Rezone of property and zoning map change (Type C action).
A.
Purpose. A rezone is a mechanism to make changes to a zoning classification, conditions or concomitant agreement applicable to property. Changes to the zoning classification that apply to a parcel of property are text changes and/or amendments to the official zoning map.
B.
Decision Criteria. The City may approve or approve with modifications an application for a rezone of property if:
1.
The rezone is consistent with the Comprehensive Plan; and
2.
The rezone will not adversely affect the public health, safety or general welfare; and
3.
The rezone is warranted in order to achieve consistency with the Comprehensive Plan; and
4.
The rezone will not be materially detrimental to uses or property in the immediate vicinity of the subject rezone; and
5.
The rezone has merit and value for the community.
(Ord. 238 Ch. III § 7(d), 2000)
§ 20.30.330 Special use permit – SUP (Type C action).
A.
Purpose. The purpose of a special use permit is to allow a permit granted by the City to locate a regional land use that provides a benefit to the community and is compatible with other uses in the zone in which it is proposed. This includes essential public facilities when not specifically allowed by the zoning of the location. The special use permit may be granted subject to conditions placed on the proposed use to ensure compatibility with the surrounding area.
B.
Decision Criteria (Applies to All Special Uses). A special use permit may be granted by the City only if the applicant demonstrates that:
1.
The special use will provide a public benefit or satisfy a public need of the neighborhood in which it is located, district, City or region;
2.
The characteristics of the special use will be compatible with the types of uses permitted in surrounding areas;
3.
The special use will not materially endanger the health, safety and welfare of the community;
4.
The proposed location of the special use shall not result in either the detrimental over-concentration of particular uses within the City or within the immediate area of the proposed special use, unless the proposed special use is deemed a public necessity;
5.
The special use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood;
6.
The special use will be supported by adequate public facilities and services and will not adversely affect public facilities and services to the surrounding area or conditions can be established to mitigate adverse impacts;
7.
The location, size and height of buildings, structures, walls and fences, and screening vegetation for the special use shall not hinder or discourage the development or use of neighboring properties; and
8.
The special use is compatible with the Comprehensive Plan.
C.
Decision Criteria (Light Rail Transit Facility/System Only). In addition to the criteria in subsection B of this section, a special use permit for a light rail transit system/facilities located anywhere in the City may be granted by the City only if the applicant demonstrates the following standards are met:
1.
The proposed light rail transit system/facilities uses energy efficient and environmentally sustainable architecture and site design consistent with the City’s guiding principles for light rail system/facilities and Sound Transit’s design criteria manual used for all light rail transit facilities throughout the system and provides equitable features for all proposed light rail transit system/facilities;
2.
The use will not result in, or will appropriately mitigate, adverse impacts on City infrastructure (e.g., roads, sidewalks, bike lanes) as confirmed by the performance of an access assessment report or similar assessment, to ensure that the City’s transportation system (motorized and nonmotorized) will be adequate to safely support the light rail transit system/facility development proposed. If capacity or infrastructure must be increased to meet the decision criteria set forth in this subsection C, then the applicant must identify a mitigation plan for funding or constructing its proportionate share of the improvements; and
3.
The applicant demonstrates that the design of the proposed light rail transit system/facility is generally consistent with the City’s guiding principles for light rail system/facilities.
D.
Decision Criteria (Essential Public Facilities Only). In addition to the criteria in subsection B of this section, a special use permit for an essential public facility (EPF) may be granted by the City only if the applicant demonstrates the following standards are met:
1.
The facility meets one of the following:
a.
The Growth Management Act definition of an essential public facility pursuant to RCW 36.70A.200(1), as amended; or
b.
Is on the statewide list of essential public facilities maintained by the Office of Financial Management pursuant to RCW 36.70A.200(4), as amended.
2.
The applicant has investigated and considered alternative sites and provided documentation of the site selection methodology. That methodology, which shall include public outreach, shall include an analysis of whether siting of the proposed EPF would have a disproportionate impact on any one racial, cultural, or socioeconomic group within the City.
3.
The proposed EPF is consistent with the plan under which the applicant operates, if any such plan exists.
4.
The proposed EPF, if to be sited on a property subject to a master development plan, is consistent with the master development plan.
5.
Local police, fire and emergency responders have reviewed the EPF and have determined it can be adequately served by local emergency services.
6.
The proposed EPF and its location, design, use, and operation must be in compliance with any state, county, or local guidelines, regulations, rules, or statutes governing the proposed EPF for the life of the proposed EPF.
7.
To the greatest extent reasonably feasible, the proposed EPF has incorporated mitigation measures developed during a public outreach effort.
E.
Decision Criteria (Fleet Base, Major; Fleet Base, Minor). In addition to the criteria in subsection B of this section, a special use permit for a major fleet base or minor fleet base may be granted by the City only if the applicant demonstrates the following standards are met:
1.
In the community business (CB) zone, the site has frontage on a State highway.
2.
In the NR1, NR2, and NR3 zones, when the site is a minimum of 10 acres in size and abuts a limited access State highway from which the site has direct vehicular access.
3.
Is consistent with adopted planning documents, which may include, but are not limited to, Community Renewal Area plans and zoning district overlays.
4.
Measures needed to mitigate identified impacts on the built and natural environment, which may include, but are not limited to, those that mitigate impacts on safe walking routes to schools, intensity, hazardous or toxic chemicals or conditions, noise, odor, light glare, circulation, and/or visual impacts, including use of landscaping and other screening, or other measures to ensure the impact is eliminated or reduced on the surrounding area.
5.
The site has sufficient vehicular access for fleet vehicles to and from a designated arterial improved to City standards.
F.
The City may impose conditions on the location, design, or operation of a special use in order to mitigate identified environmental, public safety or other impacts.
G.
Vesting of Special Use Permits Requested by Public Agencies. A public agency may, at the time of application or at any time prior to submittal of the SUP application to the City Hearing Examiner, request in writing a modification in the vesting expiration provisions of SMC § 20.30.160, allowing for vesting of the SUP for a period of up to five years from the date of Hearing Examiner approval or, if the SUP provides for phased development, for a period of up to 10 years from date of Hearing Examiner approval. If permitted, the expiration date for vesting shall be set forth as a condition in the SUP.
(Ord. 238 Ch. III § 7(e), 2000; Ord. 724 § 1 (Exh. A), 2015; Ord. 739 § 1 (Exh. A), 2016; Ord. 741 § 1 (Exh. A), 2016; Ord. 767 § 1 (Exh. A), 2017; Ord. 882 § 1 (Exh. A), 2020; Ord. 999 § 1 (Exh. A), 2024; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.30.333 Critical area special use permit (Type C action).
A.
Purpose. The purpose of the critical areas special use permit is to allow development by a public agency or public utility when the strict application of the critical areas standards would otherwise unreasonably prohibit the provision of public services. This type of permit does not apply to flood hazard areas or within the shoreline jurisdiction.
B.
Decision Criteria. A critical areas special use permit may be granted by the City only if the utility or public agency applicant demonstrates that:
1.
The application of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, would unreasonably restrict the ability of the public agency or utility to provide services to the public;
2.
There is no other practical alternative to the proposal by the public agency or utility which would cause less impact on the critical area;
3.
The proposed development does not create a health or safety hazard on or off the development site, will not be materially detrimental to the property or improvements in the vicinity;
4.
This special use permit process shall not allow the use of the following critical areas for regional retention/detention facilities except where the Hearing Examiner makes a finding that the facility is necessary to protect public health and safety or repair damaged natural resources:
a.
Type S or Type F anadromous streams or buffers;
b.
Category I wetlands or buffers with plant associations of infrequent occurrence; or
c.
Category I or II wetlands or buffers which provide critical or outstanding habitat for herons, raptors or State or Federal designated endangered or threatened species unless clearly demonstrated by the applicant, using best available science, that there will be no impact on such habitat;
5.
Any alterations permitted to the critical area are mitigated in accordance with SMC § 20.80.100 and relevant mitigation standards for the impacted critical area(s);
6.
Consistent with SMC § 20.80.070, Alteration of critical areas, the proposal attempts to protect the existing critical area functions and values consistent with the best available science and attempts to mitigate adversely impacted critical area functions and values to the fullest extent possible; and
7.
The proposal is consistent with other applicable regulations and standards.
C.
Permit Conditions. The Director may condition the proposed activity as necessary to mitigate the impacts to critical areas and to conform to the standards required by Chapter 20.80 SMC, Critical Areas.
(Formerly 20.80.090. Ord. 238 Ch. VIII § 1(I), 2000; Ord. 324 § 1, 2003; Ord. 641 § 4 (Exh. A), 2012; Ord. 724 § 1 (Exh. A), 2015; Ord. 907 § 1 (Exh. C), 2020; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.30.336 Critical areas reasonable use permit (CARUP) (Type C action).
A.
Purpose. The purpose of the critical areas reasonable use permit is to allow development and use of private property when the strict application of the critical area regulations would otherwise deny all reasonable use of a property. This type of permit does not apply to flood hazard areas or within the shoreline jurisdiction.
B.
Decision Criteria. A reasonable use permit may be granted by the City only if the applicant demonstrates that:
1.
The application of the critical area regulations, Chapter 20.80 SMC, Critical Areas, would deny all reasonable use of the property; and
2.
There is no other reasonable use of the property with less impact on the critical area; and
3.
Any alterations to the critical area would be the minimum necessary to allow for reasonable use of the property; and
4.
The proposed development does not create a health or safety hazard on or off the development site, will not be materially detrimental to the property or improvements in the vicinity, is consistent with the general purposes of this title and the public interest, and all reasonable mitigation measures have been implemented or assured; and
5.
The inability to derive reasonable economic use is not the result of the applicant’s action unless the action (a) was approved as part of a final land use decision by the City or other agency with jurisdiction; or (b) otherwise resulted in a nonconforming use, lot or structure as defined in this title; and
6.
Any alterations permitted to the critical area are mitigated in accordance with SMC § 20.80.100 and relevant mitigation standards for the impacted critical area(s); and
7.
Consistent with SMC § 20.80.070, Alteration of critical areas, the proposal attempts to protect the existing critical area functions and values consistent with the best available science and attempts to mitigate adversely impacted critical area functions and values to the fullest extent possible; and
8.
The proposal is consistent with other applicable regulations and standards; and
9.
If the proposal is located in the MUR-35’ zone, then reasonable use shall be based on the allowable uses and standards for the NR3 zone.
C.
Development Standards. To allow for reasonable use of property and to minimize impacts on critical areas, the decision making authority may reduce setbacks by up to 50 percent, and may eliminate landscaping requirements. Such reductions shall be the minimum amount necessary to allow for reasonable use of the property, considering the character and scale of neighboring development.
D.
Priority. When multiple critical areas and critical area buffers may be affected by the application, the decision-making authority should consider exceptions to critical areas regulations that occur in the following order of priority with subsection (D)(4) of this section having the highest protection:
1.
Geologic hazard area buffers;
2.
Wetland buffers;
3.
Fish and wildlife habitat conservation area buffers (excluding wetlands); and
4.
Geological hazard areas, wetlands, and fish and wildlife habitat conservation critical areas protection standards in the order listed in subsections (D)(1) through (D)(3) of this section.
(Formerly 20.80.120. Ord. 238 Ch. VIII § 1(L), 2000; Ord. 324 § 1, 2003; Ord. 352 § 1, 2004; Ord. 641 § 4 (Exh. A), 2012; Ord. 724 § 1 (Exh. A), 2015; Ord. 756 § 1 (Exh. A), 2016; Ord. 907 § 1 (Exh. C), 2020; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025; Ord. 1045 1 (Exh. A), 2025)
§ 20.30.340 Amendment to the Comprehensive Plan (legislative action).
A.
Purpose. Comprehensive Plan amendments is a mechanism by which the City Council may modify the text or map of the Comprehensive Plan in accordance with the provisions of the Growth Management Act, in order to respond to changing circumstances or needs of the City. The Growth Management Act (GMA), Chapter 36.70A RCW, requires that the City of Shoreline include within its development regulations a procedure for any interested person to suggest plan amendments. The suggested amendments are to be docketed for consideration. The purpose of this section is to establish such a procedure for amending the City’s Comprehensive Plan text and/or land use map.
For purpose of this section, docketing refers to compiling and maintaining a list of suggested changes to the Comprehensive Plan in a manner that will ensure such suggested changes will be considered by the City and will be available for review by the public.
B.
Decision Criteria. The Planning Commission may recommend and the City Council may approve, or approve with modifications, an amendment to the Comprehensive Plan if:
1.
The amendment is consistent with the Growth Management Act and not inconsistent with the Countywide Planning Policies, and the other provisions of the Comprehensive Plan and City policies; or
2.
The amendment addresses changing circumstances, changing community values, incorporates a subarea plan consistent with the Comprehensive Plan vision or corrects information contained in the Comprehensive Plan; or
3.
The amendment will benefit the community as a whole, will not adversely affect community facilities, the public health, safety or general welfare.
C.
Amendment Procedures.
1.
Concurrent Review of Annual Amendments. Except in certain, limited situations, the Growth Management Act (GMA) permits amendments to the Comprehensive Plan no more frequently than once every year. All proposed amendments shall be considered concurrently so that the cumulative effect of the various proposals can be ascertained. Proposed amendments may be considered at separate meetings or hearings, so long as the final action taken considers the cumulative effect of all proposed amendments to the Comprehensive Plan.
2.
Deadline for Submittal.
a.
Citizens. Applications requesting a text or map amendment to the Comprehensive Plan from any interested person will be accepted throughout the year. The deadline for submitting such an application is 5:00 p.m. on December 1st of each year, or the next business day if December 1st falls on a Saturday or Sunday.
b.
Council. The Council may submit an amendment for the docket at any time before the final docket is set.
c.
At least three weeks prior to the deadline, the City will publish on its website and through a press release a call for docket applications for the current year’s docket.
d.
Any citizen initiated amendment application received after the submittal deadline shall be docketed for the following year.
3.
Application Requirements.
a.
Proposals to amend the Comprehensive Plan shall be submitted on the form prescribed and provided by the Department. To be considered complete, an application must contain all of the required information, including supporting documentation and applicable fees.
b.
If during the course of the year the Department identifies any deficiencies in the Comprehensive Plan, the “identified deficiencies” shall be docketed on the form provided for in subsection (C)(3)(a) of this section for possible future amendment. For the purposes of this section, a deficiency in the Comprehensive Plan refers to the absence of required or potentially desirable contents of the Comprehensive Plan.
4.
Preliminary Docket Review.
a.
The Department shall compile and maintain for public review a list of suggested amendments and identified deficiencies as received throughout the year.
b.
The Director shall review all complete and timely filed applications proposing amendments to the Comprehensive Plan and place these applications on the preliminary docket along with other City-initiated amendments to the Comprehensive Plan.
c.
The Planning Commission shall review the preliminary docket at a publicly noticed meeting and make a recommendation on the preliminary docket to the City Council each year.
d.
The City Council shall review the preliminary docket at a public meeting and, after such a review, shall establish the final docket. The final docket shall be publicly available by posting on the City’s website and a press release.
e.
Placement of an item on the final docket does not mean a proposed amendment will be approved. The purpose of the final docket is to allow for further analysis and consideration by the City.
f.
Any interested person may resubmit a proposed amendment not placed on the final docket subject to the application and deadline procedures set forth in this chapter for the following year.
5.
Final Docket Review.
a.
The Department shall review and assess the items placed on the final docket and prepare a staff report(s) including recommendations for each proposed amendment. The Department shall be responsible for developing an environmental review of the combined impacts of all proposed amendments on the final docket, except the environmental review of amendments seeking a site-specific amendment shall be the responsibility of the applicant. The Department shall set a date for consideration of the final docket by the Planning Commission and timely transmit the staff report(s) and the Department’s recommendation prior to the scheduled date.
b.
As provided in SMC §§ 2.20.060 and 20.30.070, the Planning Commission shall review the proposed amendments contained in the final docket based on the criteria set forth in subsection B of this section and the Department’s analysis and recommendation. The Planning Commission shall hold at least one public hearing on the proposed amendments. The Planning Commission shall make a recommendation on those amendments and transmit that recommendation to the City Council.
c.
Promptly after issuance of the Planning Commission’s recommendation, the Department shall set a date for consideration of the final docket by the City Council. The City Council shall concurrently review the proposed amendments consistent with the criteria set forth in subsection B of this section and taking into consideration the recommendations of the Planning Commission and the Department. The City Council may deny, approve, or modify the Planning Commission’s recommendations.
d.
The Planning Commission and the City Council may hold additional public hearings, meetings, or workshops as warranted by the proposed amendments.
e.
Pursuant to RCW 36.70A.106, the Department shall notify the State of the City’s intent to adopt amendments to the Comprehensive Plan at least 60 days prior to the City Council’s final adoption of the proposed amendments. Within 10 days of final adoption, the City shall transmit to the State any adopted amendment to the Comprehensive Plan.
(Ord. 238 Ch. III § 7(f), 2000; Ord. 591 § 1 (Exh. A), 2010; Ord. 695 § 1 (Exh. A), 2014; Ord. 731 § 1 (Exh. A), 2015)
§ 20.30.345 Site-specific land use map amendment to the Comprehensive Plan (quasi-judicial action).
A.
Purpose. Site-specific Comprehensive Plan map amendments are a mechanism by which the City Council may modify the land use map of the Comprehensive Plan, in accordance with the provisions of the Growth Management Act, in order to implement a concurrent site-specific rezone in response to changing circumstances of needs of the City. The purpose of this section is to establish such a procedure for amending the City’s Comprehensive Plan land use map in conjunction with a rezone.
B.
Decision Criteria. The Hearing Examiner may recommend, and the City Council may approve, or approve with modifications, an amendment to the Comprehensive Plan land use map if:
1.
The amendment is consistent with the Growth Management Act and not inconsistent with the Countywide Planning Policies and the other provisions of the Comprehensive Plan and City policies; and
2.
The amendment addresses changing circumstances and changing community values, incorporates a subarea plan consistent with the Comprehensive Plan vision or corrects information contained in the Comprehensive Plan; and
3.
The amendment will benefit the community as a whole, and will not adversely affect community facilities, the public health, safety or general welfare; and
4.
The amendment is warranted in order to achieve consistency with the Comprehensive Plan goals and policies; and
5.
The amendment will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and
6.
The amendment has merit and value for the community.
C.
Amendment Procedures.
1.
A proposed site-specific Comprehensive Plan land use map amendment shall be incorporated in the City’s annual docket established and processed pursuant to SMC § 20.30.340(C), including deadline for submittal, application requirements, and docket review process, except as modified in this subsection.
2.
Site-Specific Land Use Map Amendment Review.
a.
The Department shall provide notice of the application and docketing decision for a proposed land use map amendment as provided in SMC § 20.30.060. The environmental review of an amendment seeking a site-specific land use map amendment shall be the responsibility of the applicant.
b.
Once the final annual docket has been established by the City Council, an open record public hearing before the Hearing Examiner shall be held on the proposed map amendment. Notice of this hearing shall be as provided in SMC § 20.30.180 and clearly state that this proposed amendment is related to a concurrent site-specific rezone. The Hearing Examiner shall make a recommendation on the amendment and transmit that recommendation to the City Council.
c.
The Hearing Examiner’s recommendation shall be consolidated with the Planning Commission’s recommendations on other docketed amendments and transmitted to the City Council for concurrent review of the proposed amendment consistent with the criteria set forth in subsection B of this section and taking into consideration the recommendations of the Hearing Examiner and the Department. The City Council may deny, approve, or modify the Hearing Examiner’s recommendation.
d.
The City Council may hold additional public hearings, meetings, or workshops as warranted by the proposed amendments.
(Ord. 907 § 1 (Exh. C), 2020)
§ 20.30.350 Amendment to the Development Code (legislative action).
A.
Purpose. An amendment to the Development Code (and where applicable amendment of the zoning map) is a mechanism by which the City may bring its land use and development regulations into conformity with the Comprehensive Plan or respond to changing conditions or needs of the City.
B.
Decision Criteria. The City Council may approve or approve with modifications a proposal for the text of the Land Use Code if:
1.
The amendment is in accordance with the Comprehensive Plan; and
2.
The amendment will not adversely affect the public health, safety or general welfare; and
3.
The amendment is not contrary to the best interest of the citizens and property owners of the City of Shoreline.
(Ord. 238 Ch. III § 7(g), 2000)
§ 20.30.353 Master development plan.
A.
Purpose. The purpose of the master development plan is to define the development of property zoned campus in order to serve its users, promote compatibility with neighboring areas and benefit the community. With the exception of those uses and standards contained in this section, all other aspects of development, redevelopment or expansion will be regulated as prescribed in this title and other applicable codes for all uses that are permitted outright or through conditional or special use processes.
B.
Applicant. All property owners within the area subject to the proposed master development plan must sign the application. If a property owner has delegated signing authority to another property owner or to a representative, then written proof of this delegation must be included in the application submittal.
C.
Decision Criteria. A master development plan may be granted by the City only if the applicant demonstrates that:
1.
The site is zoned as campus and the uses proposed by the master development plan are consistent with the goals and policies of the Comprehensive Plan.
2.
The master development plan proposal includes a general phasing timeline covering up to 20 years of development and includes associated mitigation for all phases of the plan.
3.
The master development plan proposal incorporates a direct community benefit to the adjacent neighborhood which advances the vision articulated in the Comprehensive Plan. Community benefit may include active or passive open space, indoor or outdoor meeting space, neighborhood commercial uses, or employment opportunities.
4.
The master development plan proposal uses environmentally sustainable site design (including low impact development stormwater systems and substantial tree retention) and demonstrates a commitment to meeting the Deep Green Tier 4 as defined in Chapter 20.20 SMC, or an equivalent green development certification to mitigate its impacts to the environment and surrounding neighborhoods. The master development plan shall consolidate development in a compact layout to make efficient use of the finite resource of undeveloped and underdeveloped land within the City.
5.
The master development plan proposal demonstrates that there is either sufficient capacity and infrastructure (e.g., roads, sidewalks, bike lanes, public transit facilities) in the transportation system (motorized and nonmotorized) to safely support the development proposed in all future phases or there will be adequate capacity and infrastructure by the time each phase of development is completed. If capacity or infrastructure must be increased to support the proposed master development plan, then the master development plan identifies a plan for funding the applicant’s proportionate share of the improvements.
6.
The master development plan proposal demonstrates that there is either sufficient capacity within public utility services such as water, sewer and stormwater to adequately serve the development proposed in all future phases, or there will be adequate capacity available by the time each phase of development is completed. If capacity must be increased to support the proposed master development plan, then the master development plan identifies a plan for funding the applicant’s proportionate share of the improvements.
7.
The master development plan proposal contains campus-specific design concepts related to architectural features (including but not limited to building setbacks, insets, facade breaks, and roofline variations) and site design standards, landscaping, provisions for open space and/or recreation areas, traffic management and multimodal transportation standards that minimize conflicts and create transitions between the proposal site and adjacent neighborhoods and between institutional uses and residential uses.
8.
The master development plan proposal shall demonstrate that any proposed uses will be operated in a manner that does not create a public nuisance, as defined in SMC § 20.30.740, for the surrounding neighborhood or other uses on the campus. Nuisances may include odors, noise, release of hazardous chemicals, or disproportionate calls for fire or police service.
D.
Amendments. Minor amendments to an approved master development plan may be approved by the Director if the amendment meets the applicable development standards and criteria set forth in this section. Minor amendments include any revision or modification of the previously approved master development plan that would result in any one or more of the following:
1.
An increase in the square footage of any proposed building or structure of up to 10 percent; or
2.
A deviation in the approved master development plan phasing timeline which does not result in increased impacts or the need for additional mitigation; or
3.
Changes to building placement when located outside of the required setbacks and any required buffers for critical areas; or
4.
A cumulative increase in impervious surface of up to 10 percent or a cumulative decrease in tree cover of up to 10 percent; or
5.
Changes identified as minor amendments in the approved master development plan.
Major amendments are changes that exceed the thresholds for a minor amendment or were not analyzed as part of an approved master development plan. Major amendments to an approved master development plan shall be processed as a new master development plan.
E.
Development Standards.
1.
Density is limited to a maximum of 48 units per gross acre;
2.
Height is limited to a maximum of 65 feet;
3.
Buildings abutting all NR3 zones must be set back at least 20 feet from property lines with portions of buildings above 35 feet set back at a ratio of two feet of additional setback to every one foot of additional building height;
4.
New building bulk shall be massed to minimize impact on neighboring single-family neighborhood(s) and development on campus;
5.
At a minimum, landscaping in newly developed or redeveloped areas shall conform with the standards set forth in SMC §§ 20.50.470, 20.50.490, and 20.50.500;
6.
Development shall preserve existing nonhazardous significant trees to the maximum extent possible;
7.
Site design shall meet the standards at SMC § 20.50.240(E), (H), (I) and (J) for areas of new construction.
These standards may be modified to mitigate significant off-site impacts of implementing the master development plan in a manner equal to or greater than the code standards. The Director may recommend modifications to the above standards to address site specific conditions as part of the MDP approval.
F.
New Uses. Any new use or new uses on a campus zoned site must be processed as part of a master development plan permit. New uses requested through a master development plan permit shall be considered concurrently with an amendment to SMC § 20.40.150, Campus uses, and, where applicable, a special use permit.
G.
Early Community Input. Applicants are encouraged to develop a consensus-based master development plan through outreach to the community and stakeholders as set forth in SMC § 20.30.085.
H.
Master Plan Expiration. A master development plan shall expire 20 years after the date of the Hearing Examiner’s approval. A minor amendment to an existing master development plan does not extend the plan expiration.
(Ord. 507 § 4, 2008; Ord. 581 § 1 (Exh. 1), 2010; Ord. 631 § 1 (Exh. 1), 2012; Ord. 669 § 1 (Exh. A), 2013; Ord. 724 § 1 (Exh. A), 2015; Ord. 882 § 1 (Exh. B), 2020; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.30.355 Development agreement (Type L).
A.
Purpose. To define the development of property in order to implement framework goals to achieve the City’s adopted vision as stated in the Comprehensive Plan. A development agreement is permitted in all zones and may modify development standards contained in Chapter 20.50 SMC.
B.
Development Agreement Contents. A development agreement shall set forth the development standards and other provisions that shall apply to govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.170). Each development agreement approved by the City Council shall contain the development standards applicable to the subject real property. For the purposes of this section, “development standards” includes, but is not limited to:
1.
Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;
2.
The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of State law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
3.
Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW;
4.
Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;
5.
Affordable housing units;
6.
Parks and open space preservation;
7.
Phasing of development;
8.
Review procedures and standards for implementing decisions;
9.
A build-out or vesting period for applicable standards;
10.
Any other appropriate development requirement or procedure;
11.
Preservation of significant trees; and
12.
Connecting, establishing, and improving nonmotorized access.
C.
Decision Criteria. A development agreement may be granted by the City only if the applicant demonstrates that:
1.
The project is consistent with goals and policies of the Comprehensive Plan. If the project is located within a subarea plan, then the project shall be consistent with the goals and policies of the subarea plan.
2.
The proposed development uses innovative, aesthetic, energy-efficient and environmentally sustainable architecture and site design.
3.
There is either sufficient capacity and infrastructure (e.g., roads, sidewalks, bike lanes) to pass a concurrency test consistent with the City’s concurrency tool or there will be adequate capacity and infrastructure by the time each phase of development is completed. If capacity or infrastructure must be increased to support the proposed development agreement, then the applicant must identify a plan for funding their proportionate share of the improvements.
4.
There is either sufficient capacity within public services such as water, sewer and stormwater to adequately serve the development proposal in all future phases, or there will be adequate capacity available by the time each phase of development is completed. If capacity must be increased to support the proposed development agreement, then the applicant must identify a plan for funding their proportionate share of the improvements.
5.
The development agreement proposal contains architectural design (including but not limited to building setbacks, insets, facade breaks, roofline variations) and site design standards, landscaping, provisions for open space and/or recreation areas, retention of significant trees, traffic management and multimodal transportation improvements and other features that minimize conflicts and create transitions between the proposal site and property zoned NR2 and NR3 or MUR-35'.
6.
The project is consistent with the standards of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, or the Shoreline Master Program, SMC Title 20, Division II, and applicable permits/approvals are obtained.
D.
Development Agreement Approval Procedures. The City Council may approve development agreements through the following procedure:
1.
A development agreement application incorporating the elements stated in subsection B of this section may be submitted by a property owner with any additional related information as determined by the Director. After staff review and SEPA compliance, the Planning Commission shall conduct a public hearing on the application. The Planning Commission shall then make a recommendation to the City Council pursuant to the criteria set forth in subsection C of this section and the applicable goals and policies of the Comprehensive Plan. The City Council shall approve, approve with additional conditions, or deny the development agreement. The City Council shall approve the development agreement by ordinance or resolution;
2.
Recorded Development Agreement. Upon City Council approval of a development agreement under the procedure set forth in this subsection D, the property owner shall execute and record the development agreement with the King County Recorder’s Office to run with the land and bind and govern development of the property.
(Ord. 706 § 1 (Exh. A), 2015; Ord. 724 § 1 (Exh. A), 2015; Ord. 731 § 1 (Exh. A), 2015; Ord. 907 § 1 (Exh. B), 2020; Ord. 968 § 1 (Exh. A) , 2022; Ord. 997 § 1 (Exh. A), 2023; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.30.357 Planned action determination.
A.
Purpose. The purpose of a planned action determination is to decide if a project qualifies as a planned action project thereby not requiring additional substantive and procedural review under SEPA.
B.
Decision Criteria. For a site-specific project to qualify as a planned action, the applicant shall submit a planned action determination checklist on a form prescribed and provided by the Department and demonstrate that:
1.
The project is located within one of the City’s designated planned action areas;
2.
The uses and activities of the project are consistent with qualifying land use categories described in the relevant planned action EIS;
3.
The project is within and does not exceed the planned action thresholds established for the relevant planned action area;
4.
The project is consistent with the Shoreline Municipal Code and the Shoreline Comprehensive Plan, including any goals and policies applicable to the planned action area;
5.
If applicable, the project’s significant adverse environmental impacts have been identified in the relevant planned action EIS;
6.
If applicable, the project’s significant adverse environmental impacts have been mitigated by application of mitigation measures identified for the planned action area and other applicable City regulations, together with any conditions, modifications, variances, or special permits that may be required;
7.
The project complies with all applicable local, State, and/or Federal laws and regulations and the SEPA responsible official determines that these constitute adequate mitigation; and
8.
The project is not an essential public facility as defined by RCW 36.70A.200, unless the essential public facility is accessory to or part of a development that is designated as a planned action project.
(Ord. 767 § 1 (Exh. A), 2017)
§ 20.30.360 Citation of subchapter.
This subchapter may be cited as the City of Shoreline Subdivision Ordinance and shall supplement and implement the State regulations of plats, subdivisions and dedications.
(Ord. 238 Ch. III § 8(a), 2000)
§ 20.30.370 Purpose.
Subdivision is a mechanism by which to divide land into lots, parcels, sites, plots, or tracts, for the purpose of sale. The purposes of subdivision regulations are:
A.
To regulate division of land into two or more lots or tracts;
B.
To protect the public health, safety and general welfare in accordance with the State standards;
C.
To promote effective use of land;
D.
To promote safe and convenient travel by the public on streets and highways;
E.
To provide for adequate light and air;
F.
To facilitate adequate provision for water, sewerage, stormwater drainage, parks and recreation areas, sites for schools and school grounds and other public requirements;
G.
To provide for proper ingress and egress;
H.
To provide for the expeditious review and approval of proposed subdivisions which conform to development standards and the Comprehensive Plan;
I.
To adequately provide for the housing and commercial needs of the community;
J.
To protect environmentally critical areas and their buffers as designated by Chapter 20.80 SMC, Critical Areas, or Shoreline Master Program, SMC Title 20, Division II;
K.
To require uniform monumenting of land subdivisions and conveyance by accurate legal description.
(Ord. 238 Ch. III § 8(b), 2000; Ord. 695 § 1 (Exh. A), 2014; Ord. 724 § 1 (Exh. A), 2015)
§ 20.30.380 Subdivision categories.
A. | Short Subdivision: | A subdivision of nine or fewer lots. |
B. | Formal Subdivision: | A subdivision of 10 or more lots. |
C. | Binding Site Plan: | A land division for commercial, industrial, and mixed use type of developments. |
Note: When reference to “subdivision” is made in this Code, it is intended to refer to both “formal subdivision” and “short subdivision” unless one or the other is specified.
(Ord. 238 Ch. III § 8(c), 2000; Ord. 695 § 1 (Exh. A), 2014; Ord. 731 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017)
§ 20.30.390 Exemption (from subdivisions).
The provisions of this subchapter do not apply to the exemptions specified in the State law and divisions of land which are the result of actions of government agencies to acquire property for public purposes, such as condemnation for roads.
(Ord. 238 Ch. III § 8(d), 2000; Ord. 695 § 1 (Exh. A), 2014)
§ 20.30.400 Lot line adjustment and lot merger – Type A action.
A.
Lot line adjustment and lot merger are exempt from subdivision review. All proposals for lot line adjustment and lot merger shall be submitted to the Director for approval. The Director shall not approve the proposed lot line adjustment or lot merger if the proposed adjustment will:
1.
Create a new lot, tract, parcel, site or division;
2.
Would otherwise result in a lot which is in violation of any requirement of the Code.
B.
Expiration. An application for a lot line adjustment and lot merger shall expire one year after a complete application has been filed with the City. An extension up to an additional year may be granted by the City upon a showing by the applicant of reasonable cause.
(Ord. 238 Ch. III § 8(e), 2000; Ord. 789 § 1 (Exh. A), 2018)
§ 20.30.410 Preliminary subdivision review procedures and criteria.
The short subdivision may be referred to as a short plat – Type B action.
The formal subdivision may be referred to as long plat – Type C action.
A.
Review Procedure. The following procedure shall be applicable to all subdivision applications:
Subdivisions may be processed using one of the following methods: (1) subdivision without development, (2) subdivision with development, or (3) consolidated subdivision.
1.
Subdivisions Without Development.
a.
The application and review for subdivisions without development shall follow this process:
i.
In order to provide timely and accurate review of subdivision proposals, applications for preliminary plat, site development, and right-of-way must be submitted concurrently.
ii.
A final plat application shall be reviewed in compliance with SMC § 20.30.450.
2.
Subdivision with Development.
a.
The application and review for subdivisions with development shall follow this process:
i.
Preliminary Plat Application. Review of environmental requirements, availability of utilities, sufficient access, conceptual drainage provisions, frontage improvements, and all dimensional requirements for the applicable zone must be completed. Approval of preliminary plat must be issued before proceeding to subsection (A)(2)(a)(ii) of this section.
ii.
Building, site development, and right-of-way applications must be submitted concurrently for review. The issuance of all three permits will occur at the same time once all requirements, including the submittal of sufficient surety as required in SMC § 20.30.440, have been met.
iii.
A final plat application shall be reviewed in compliance with SMC § 20.30.450 when all building permit(s) have been issued.
3.
Consolidated Subdivision.
a.
The application and reviews for consolidated subdivisions shall follow this process:
i.
The review process for a consolidated subdivision requires that all applicable required documents and plans be submitted and reviewed under one application package. All required documents and plans associated with the preliminary plat, building(s), site development, and right-of-way shall be included in the package. The issuance of all permits will occur at the same time once all requirements, including the submittal of sufficient surety as required in SMC § 20.30.440, have been met.
ii.
A final plat application shall be reviewed in compliance with SMC § 20.30.450 when all building permit(s) have been issued.
B.
Review Criteria. The following criteria shall be used to review proposed subdivisions:
1.
Environmental.
a.
Where environmental resources exist, such as trees, streams, geologic hazards, or wildlife habitats, the proposal shall be designed to fully implement the goals, policies, procedures and standards of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, and the tree conservation, land clearing, and site grading standards sections.
b.
The proposal shall be designed to minimize grading by using shared driveways and by relating street, house site and lot placement to the existing topography.
c.
Where conditions exist which could be hazardous to the future residents of the land to be divided, or to nearby residents or property, such as floodplains, landslide hazards, or unstable soil or geologic conditions, a subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent with subsections (B)(1)(a) and (B)(1)(b) of this section, Chapter 20.80 SMC, Critical Areas, and Chapter 13.12 SMC, Floodplain Management.
d.
Low impact development (LID) techniques shall be applied where feasible to minimize impervious areas, manage stormwater, and preserve on-site natural features, native vegetation, open space and critical areas.
2.
Lot and Street Layout.
a.
Lots shall be designed to contain a usable building area. If the building area would be difficult to develop, the lot shall be redesigned or eliminated, unless special conditions can be imposed that will ensure the lot is developed consistent with the standards of this Code and does not create nonconforming structures, uses or lots.
b.
Lots shall not front on primary or secondary highways unless there is no other feasible access. Special access provisions, such as shared driveways, turnarounds or frontage streets, may be required to minimize traffic hazards.
c.
Each lot shall meet the applicable dimensional requirements of the Code.
d.
Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and streams where street access is not adequate.
3.
Dedications and Improvements.
a.
The City may require dedication of land in the proposed subdivision for public use.
b.
Only the City may approve a dedication of park land.
c.
In addition, the City may require dedication of land and improvements in the proposed subdivision for public use under the standards of Chapter 20.60 SMC, Adequacy of Public Facilities, and Chapter 20.70 SMC, Engineering and Utilities Development Standards, necessary to mitigate project impacts to utilities, rights-of-way, and stormwater systems.
i.
Required improvements may include, but are not limited to, streets, curbs, pedestrian walks and bicycle paths, critical area enhancements, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities.
4.
Unit Lot Subdivision.
a.
Repealed by Ord. 1027.
b.
Units may be subdivided into individual unit lots. The parent lot shall meet the applicable development standards.
c.
As a result of the subdivision, development on individual unit lots may modify standards in SMC § 20.50.020, Exception 2 to Tables SMC §§ 20.50.020(1) and 20.50.020(2).
d.
Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions identifying the rights and responsibilities of the property owner(s) and/or the homeowners’ association shall be executed for the use and maintenance of common garage, parking and vehicle access areas; solid waste storage and/or collection area(s); on-site recreation; landscaping; underground utilities; common open space; exterior building facades and roofs of individual units; and other similar features, and shall be recorded with the King County Recorder’s Office. These shall be recorded prior to final plat application or shown on the face of the final plat.
e.
The final plat shall note all conditions of approval. The final plat shall also note that unit lots are not separate buildable lots independent of the overall development and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot.
(Ord. 238 Ch. III § 8(f), 2000; Ord. 299 § 1, 2002; Ord. 324 § 1, 2003; Ord. 555 § 1 (Exh. 1), 2009; Ord. 581 § 1 (Exh. 1), 2010; Ord. 641 § 4 (Exh. A), 2012; Ord. 669 § 1 (Exh. A), 2013; Ord. 724 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017; Ord. 819 § 1 (Exh. A), 2018; Ord. 871 § 1 (Exh. A), 2020; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.30.420 Changes to approved subdivision.
A.
Preliminary Subdivision. The Director may approve minor changes to an approved preliminary subdivision, or its conditions of approval. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as a new application.
B.
Recorded Final Plats. An application to alter a final plat that has been filed for record shall be processed as provided for in SMC § 20.30.425.
(Ord. 238 Ch. III § 8(g), 2000; Ord. 857 § 2(A) (Exh. A), 2019)
§ 20.30.425 Alteration of recorded plats.
A.
Applicability. A plat alteration provides a process to alter or modify a previously recorded plat, short plat, binding site plan, or any portion thereof. The plat alteration results in changes to conditions of approval, restrictions, or dedications that are shown on the recorded plat.
1.
Any person seeking to alter a recorded final plat or any portion thereof shall comply with the requirements set forth in Chapter 58.17 RCW and the regulations in effect at the time the application is submitted to the City.
2.
This section shall not apply to the:
a.
Alteration or replatting of any plat of State-granted tide- or shorelands as provided in RCW 58.17.215.
b.
Adjustment of boundary lines as provided in RCW 58.17.040(6).
c.
Any change to a recorded final plat where an additional lot(s) is proposed shall not be considered an alteration and shall be processed as a new formal subdivision or short subdivision depending on the number of lots being created. Except, if a condition or restriction on the original plat would prohibit such a change, then the plat alteration process must first be completed before a new subdivision may be sought.
B.
Application. A request to alter a recorded plat shall be submitted on official forms prescribed and provided by the Department along with the applicable fees.
1.
The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered.
2.
If the subdivision is subject to restrictive covenants which were recorded at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.
3.
If the application seeks to extinguish or alter an easement established by a dedication, the application must contain an agreement for the release or alteration of the easement by all of the owners of the easement.
C.
Notice.
1.
Complete Application. After the City has determined the application is complete, the City shall issue a notice of the complete application. This notice shall:
a.
Be provided by regular U.S. mail to all owners of property within the subdivision as provided in RCW 58.17.080 and 58.17.090; and
b.
Establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within 14 calendar days of receipt of the notice. The cost of the public hearing shall be the responsibility of the applicant for the plat alteration.
2.
Public Hearing. If a public hearing is timely requested, notice of the public hearing shall be provided as set forth in SMC § 20.30.180.
D.
Review Criteria.
1.
Decision-Making Authority.
a.
Director. Applications for a plat alteration are a Type B action and shall be administratively reviewed by the Director unless a public hearing has been timely requested as provided in subsection(C)(2) of this section or the City determines that a public hearing is in the public interest, in which case it is a Type C action.
b.
Hearing Examiner. Applications for a plat alteration for which a public hearing has been requested are a Type C action. An open record public hearing before the Hearing Examiner shall be held and the Hearing Examiner shall issue a decision.
2.
The decision-making authority shall review the submittal materials and may approve or deny after a written determination is made whether the public use and interest will be served by the alteration and whether the alteration satisfies the review criteria set forth in SMC § 20.30.410(B).
3.
In any written determination approving an alteration:
a.
If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration.
b.
If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.
4.
The Director’s decision is final unless appealed to the Hearing Examiner as provided in subsection F of this section. The Hearing Examiner’s decision on a plat alteration for which a public hearing was requested is final and may be appealed to superior court pursuant to Chapter 36.70C RCW, Land Use Petition Act.
E.
Recording of Alteration. No later than 30 calendar days after approval of the alteration, the applicant shall produce a revised drawing or text of the approved alteration to the plat, conforming to the recording requirements of Chapter 58.17 RCW and processed for signature in the same manner as set forth for final plats in this chapter. No later than 60 calendar days after the City has signed the altered plat, the applicant shall file, at their sole cost and expense, the altered plat with the King County Recorder to become the lawful plat of the property.
F.
Appeal.
1.
The Director’s decision on a plat alteration where no public hearing was held may be appealed to the Hearing Examiner as provided in Chapter 20.30 SMC, Subchapter 4, General Provisions for Land Use Hearings and Appeals.
2.
The Hearing Examiner’s decision shall be final on an appeal of the Director’s decision on a plat alteration.
3.
The final decision of the Hearing Examiner may appealed to superior court pursuant to Chapter 36.70C RCW, Land Use Petition Act.
(Ord. 857 § 2(B) (Exh. A), 2019; Ord. 907 § 1 (Exh. B), 2020)
§ 20.30.427 Vacation of recorded subdivisions.
A.
Applicability. A subdivision vacation provides a process to vacate a previously recorded subdivision, short subdivision, binding site plan, or any portion thereof, or any area designated or dedicated for public use. The subdivision vacation results in the nullification of the recorded subdivision or portion thereof.
1.
Any person seeking a subdivision vacation shall comply with the applicable requirements set forth in Chapter 58.17 RCW and this section in effect at the time a complete application is submitted to the City.
2.
If the application is for the vacation of a subdivision together with the public rights-of-way, the procedures of this section shall apply except as prohibited by RCW 35.79.035, as amended, or other applicable law.
3.
This section shall not apply to the:
a.
Vacation of any plat of State-granted tide- or shorelands.
b.
Vacation specifically of public rights-of-way which shall adhere to Chapter 12.17 SMC.
B.
Application. A request to vacate a recorded subdivision shall be submitted on official forms prescribed and provided by the Department along with the applicable fees.
1.
The application shall contain the signatures of all persons having an ownership interest in the subject subdivision or portion to be vacated.
2.
If the subdivision is subject to restrictive covenants which were recorded at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.
C.
Review Procedure and Criteria.
1.
The City will provide notice of the application for subdivision vacation and public hearing as provided in SMC §§ 20.30.120 and 20.30.180.
2.
The City shall hold a public hearing, review the submittal materials, and may approve or deny after a determination is made whether the public use and interest will be served by the vacation. Such determination shall be in writing and supported by findings of fact.
a.
If any portion of the land contained in the subdivision to be vacated was dedicated to the public for public use or benefit, such land, if not deeded to the City, shall be deeded to the City unless the decision-making authority sets forth findings that the public use would not be served in retaining title to those lands.
b.
Title to the vacated property shall vest as provided in RCW 58.17.212, as amended.
D.
Recording. No later than 30 calendar days after approval of the subdivision vacation, the applicant shall file, at their sole cost and expense, the approval of the vacated subdivision with the King County Recorder.
E.
Appeal. The decision of the Hearing Examiner on the subdivision vacation shall be the final decision of the City; no administrative appeal is provided. Appeals of the final decision may be appealed to superior court pursuant to Chapter 36.70C RCW, Land Use Petition Act.
(Ord. 934 § 1(B) (Exh. A), 2021)
§ 20.30.430 Site development permit for required subdivision improvements – Type A action.
Engineering plans for improvements required as a condition of preliminary approval of a subdivision shall be submitted to the Department for review and approval of a site development permit, allowing sufficient time for review before expiration of the preliminary subdivision approval. A separate site development permit is not required if a site development permit was reviewed and approved through a building permit. Permit expiration time limits for site development permits shall be as indicated in SMC § 20.30.165.
(Ord. 238 Ch. III § 8(h), 2000; Ord. 406 § 1, 2006; Ord. 789 § 1 (Exh. A), 2018)
§ 20.30.440 Installation of improvements.
A.
Timing and Inspection Fee. The applicant shall not begin installation of improvements until the Director has approved and issued the site development and right-of-way permits and the Director and the applicant have agreed in writing on a time schedule for installation of the improvements.
B.
Completion – Bonding. The applicant shall either complete the improvements before the final plat is submitted to the Director for approval, or the applicant shall post a bond or other suitable surety to guarantee the completion of the improvements within one year of the approval of the final plat. The bond or surety shall be based on the construction cost of the improvement as determined by the Director.
C.
Acceptance – Maintenance Bond. The Director shall not accept the improvements for the City of Shoreline until the improvements have been inspected and found satisfactory, and the applicant has posted a bond or surety for 15 percent of the construction cost to guarantee against defects of workmanship and materials for two years from the date of acceptance.
(Ord. 238 Ch. III § 8(i), 2000; Ord. 819 § 1 (Exh. A), 2018; Ord. 907 § 1 (Exh. C), 2020)
§ 20.30.450 Final plat review procedures.
Time limit: A final short plat or final formal plat meeting all of the requirements of this chapter and Chapter 58.17 RCW shall be submitted for approval within the time frame specified in RCW 58.17.140.
A.
Submission. The applicant may not file the final plat for review until the work required for the site development and right-of-way permits is completed and passed final inspection or bonded per the requirements of SMC § 20.30.440.
B.
Final Short Plat. The Director shall conduct an administrative review of a proposed final short plat. Only when the Director finds that a proposed short plat conforms to all terms of the preliminary short plat and meets the requirements of Chapter 58.17 RCW, other applicable State laws, and SMC Title 20 which were in effect at the time when the preliminary short plat application was deemed complete, the Director shall sign on the face of the short plat signifying the Director’s approval of the final short plat.
C.
Final Formal Plat. After an administrative review by the Director and a finding that a subdivision proposed for final plat approval conforms to all terms of the preliminary plat, and meets the requirements of Chapter 58.17 RCW, other applicable State laws, and SMC Title 20 which were in effect at the time when the preliminary plat application was deemed complete, the Director shall sign on the face of the plat signifying the City’s approval of the final plat.
D.
Acceptance of Dedication. The Director’s approval of a final plat constitutes acceptance of all dedication shown on the final plat.
E.
Filing for Record. The applicant for subdivision shall file the original drawing of the final plat for recording with the King County Department of Records and Elections. Upon recording, the applicant shall provide a copy of the recorded plat to the Department.
(Ord. 238 Ch. III § 8(j), 2000; Ord. 515 § 1, 2008; Ord. 819 § 1 (Exh. A), 2018; Ord. 907 § 1 (Exh. C), 2020)
§ 20.30.460 Effect of changes in statutes, ordinances, and regulations on vesting of final plats.
All lots in a final short plat or final plat shall be a valid land use notwithstanding any change in zoning laws for the period specified in RCW 58.17.170 from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for the period specified in RCW 58.17.170 after final plat approval unless the Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.
(Ord. 238 Ch. III § 8(k), 2000; Ord. 352 § 1, 2004; Ord. 581 § 1 (Exh. 1), 2010)
§ 20.30.470 Further division – Short subdivisions.
A further division of any lot created by a short subdivision shall be reviewed as and meet the requirements of this subchapter for formal subdivision if the further division is proposed within five years from the date the final plat was filed for record; provided, however, that when a short plat contains fewer than nine parcels, nothing in this subchapter shall be interpreted to prevent the owner who filed the original short plat from filing a revision thereof within the five-year period in order to create up to a total of nine lots within the original short subdivision boundaries.
(Ord. 238 Ch. III § 8(l), 2000; Ord. 767 § 1 (Exh. A), 2017)
§ 20.30.480 Binding site plans – Type B action.
A.
Commercial and Industrial. This process may be used to divide commercially and industrially zoned property, as authorized by State law. On sites that are fully developed, the binding site plan merely creates or alters interior lot lines. In all cases the binding site plan ensures, through written agreements among all lot owners, that the collective lots continue to function as one site concerning but not limited to: lot access, interior circulation, open space, landscaping and drainage; facility maintenance, and coordinated parking. The following applies:
1.
Sites subject to binding site plans shall consist of one or more contiguous lots legally created.
2.
Sites subject to binding site plans may be reviewed independently, or concurrently with a commercial development permit application.
3.
The binding site plan process merely creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon.
B.
Recording and Binding Effect. Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor, licensed in the State of Washington. Surveys shall include those items prescribed by State law.
C.
Amendment, Modification and Vacation. The Director may approve minor changes to an approved binding site plan, or its conditions of approval. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as a new application.
(Ord. 238 Ch. III § 8(m), 2000; Ord. 439 § 1, 2006; Ord. 695 § 1 (Exh. A), 2014)
§ 20.30.490 Citation of subchapter and authority.
This subchapter may be cited as the City of Shoreline Environmental Procedures Ordinance. The City of Shoreline adopts this subchapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904. This subchapter contains this City’s SEPA procedures and policies. The SEPA Rules, Chapter 197-11 WAC, must be used in conjunction with this subchapter.
(Ord. 238 Ch. III § 9(a), 2000)
§ 20.30.500 Definitions – Adoption by reference.
The City adopts by reference the definitions contains in WAC 197-11-700 through 197-11-799, as now existing or hereinafter amended. The following abbreviations are used in this subchapter:
DEIS – Draft Environmental Impact Statement |
DNS – Determination of Nonsignificance |
DOE – Department of Ecology |
DS – Determination of Significance |
EIS – Environmental Impact Statement |
FEIS – Final Environmental Impact Statement |
MTCA – Model Toxics Control Act |
SEPA – State Environmental Policy Act |
(Ord. 238 Ch. III § 9(b), 2000)
§ 20.30.510 General requirements – Adoption by reference.
The City of Shoreline adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this subchapter:
WAC 197-11-040 | Definitions. |
WAC 197-11-050 | Lead agency. |
WAC 197-11-060 | Content of environmental review. |
WAC 197-11-070 | Limitations on actions during SEPA process. |
WAC 197-11-080 | Incomplete or unavailable information. |
WAC 197-11-090 | Supporting documents. |
WAC 197-11-100 | Information required of applicants. |
WAC 197-11-158 | GMA project review – Reliance on existing plans, laws, and regulations. |
WAC 197-11-210 | SEPA/GMA integration. |
WAC 197-11-220 | SEPA/GMA definitions. |
WAC 197-11-228 | Overall SEPA/GMA integration procedures. |
WAC 197-11-230 | Timing of an integrated GMA/SEPA process. |
WAC 197-11-232 | SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping. |
WAC 197-11-235 | Documents. |
WAC 197-11-238 | Monitoring. |
WAC 197-11-250 | SEPA/Model Toxics Control Act integration. |
WAC 197-11-253 | SEPA lead agency for MTCA actions. |
WAC 197-11-256 | Preliminary evaluation. |
WAC 197-11-259 | Determination of nonsignificance for MTCA remedial actions. |
WAC 197-11-262 | Determination of significance and EIS for MTCA remedial actions. |
WAC 197-11-265 | Early scoping for MTCA remedial actions. |
WAC 197-11-268 | MTCA interim actions. |
(Ord. 238 Ch. III § 9(c), 2000)
§ 20.30.520 Designation of responsible official.
A.
For those proposals for which the City is a lead agency, the responsible official shall be the Director or such other person as the Director may designate in writing.
B.
For all proposals for which the City is a lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA Rules (Chapter 197-11 WAC) that have been adopted by reference.
C.
The responsible official shall be responsible for preparation of written comments for the City in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.
D.
The responsible official shall be responsible for the City’s compliance with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City.
E.
The responsible official shall retain all documents required by the SEPA Rules and make them available in accordance with Chapter 42.17 RCW.
(Ord. 238 Ch. III § 9(d), 2000)
§ 20.30.530 Lead agency determination and responsibilities.
A.
When the City receives an application for or initiates a proposal that involves a nonexempt action, the responsible official shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253, and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the responsible official is aware that another agency is in the process of determining the lead agency.
B.
When the City is not the lead agency for a proposal, all departments of the City shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No City department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless the responsible official determines a supplemental environmental review is necessary under WAC 197-11-600.
C.
If the City, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-253 or 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the City may be initiated by the responsible official or any department.
D.
The responsible official is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944.
E.
The responsible official shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.
F.
When the City is lead agency for a MTCA remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the responsible official shall decide jointly with the Department of Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency.
(Ord. 238 Ch. III § 9(e), 2000)
§ 20.30.540 Timing and content of environmental review.
A.
Categorical Exemptions. The City will normally identify whether an action is categorically exempt within 28 days of receiving an application.
B.
Threshold Determinations. When the City is lead agency for a proposal, the following thresh-old determination timing requirements apply:
1.
If a determination of significance (DS) is made concurrent with the notice of application for a proposal, the DS and scoping notice shall be combined with the notice of application. Nothing in this subsection prevents the DS/scoping notice from being issued before the notice of application. If sufficient information is not available to make a threshold determination when the notice of application is issued, the DS may be issued later in the review process.
2.
SEPA determinations for City capital projects may be appealed to the Hearing Examiner as provided in Chapter 20.30 SMC, Subchapter 4.
3.
If an open record predecision hearing is required on the proposal, the threshold determination shall be issued at least 15 calendar days before the open record predecision hearing.
4.
The optional DNS process provided in WAC 197-11-355 may be used to indicate on the notice of application that the lead agency is likely to issue a determination of nonsignificance (DNS). If this optional process is used, a separate comment period on the DNS may not be required.
C.
For nonexempt proposals, the DNS or draft environmental impact statement (EIS) for the proposal shall accompany the City’s staff recommendation to the appropriate review authority. If the final EIS is or becomes available prior to review, it shall be substituted for the draft.
D.
The optional provision of WAC 197-11-060(3)(c) analyzing similar actions in a single environmental document is adopted.
(Ord. 238 Ch. III § 9(f), 2000; Ord. 959 § 1 (Exh. A), 2022)
§ 20.30.550 Categorical exemptions and threshold determinations – Adoption by reference.
The City adopts the following sections of the SEPA Rules by reference, as now existing or hereinafter amended, as supplemented in this subchapter:
WAC 197-11-300 | Purpose of this part. |
WAC 197-11-305 | Categorical exemptions. |
WAC 197-11-310 | Threshold determination required. |
WAC 197-11-315 | Environmental checklist. |
WAC 197-11-330 | Threshold determination process. |
WAC 197-11-335 | Additional information. |
WAC 197-11-340 | Determination of nonsignificance (DNS). |
WAC 197-11-350 | Mitigated DNS. |
WAC 197-11-355 | Optional DNS process. |
WAC 197-11-360 | Determination of significance (DS)/initiation of scoping. |
WAC 197-11-390 | Effect of threshold determination. |
WAC 197-11-800 | Categorical exemptions. |
WAC 197-11-880 | Emergencies. |
WAC 197-11-890 | Petitioning DOE to change exemptions. |
(Ord. 238 Ch. III § 9(g), 2000; Ord. 299 § 1, 2002; Ord. 591 § 1 (Exh. A), 2010)
§ 20.30.560 Categorical exemptions – Minor new construction.
The following types of construction shall be exempt, except when: 1) undertaken wholly or partly on lands covered by water; 2) a rezone is requested; or 3) any license governing emissions to the air or discharges to water is required.
A.
The construction or location of:
1.
Any residential structures up to 30 dwelling units.
2.
A multifamily structure with up to 60 dwelling units.
B.
The construction of an office, school, commercial, recreational, service or storage building with 30,000 square feet of gross floor area, and with associated parking facilities designed for 90 automobiles.
C.
The construction of a parking lot designed for 90 automobiles. This exemption includes standalone parking lots.
D.
Any landfill or excavation of 1,000 cubic yards throughout the total lifetime of the fill or excavation not associated with an exempt project in subsection A, B or C of this section and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder.
(Ord. 238 Ch. III § 9(h), 2000; Ord. 299 § 1, 2002; Ord. 324 § 1, 2003; Ord. 591 § 1 (Exh. A), 2010; Ord. 660 § 1 (Exh. 1), 2013)
§ 20.30.565 Planned action determination of consistency.
Projects proposed within a planned action area, as defined by the City, may be eligible for planned action status. The applicant shall submit a complete planned action determination of consistency review checklist and any other submittal requirements specified by the Director at the time of application submittal. If the City determines the project is within a planned action area and meets the thresholds established by the planned action, no additional SEPA analysis is required. If a project does not qualify as a planned action, SEPA review will be required. A planned action determination appeal is a Type A decision and may be appealed as provided in SMC § 20.30.200.
(Ord. 654 § 1 (Exh. 1), 2013; Ord. 959 § 1 (Exh. A), 2022)
§ 20.30.570 Categorical exemptions and threshold determinations – Use of exemptions.
A.
The determination of whether a proposal is categorically exempt shall be made by the responsible official.
B.
The determination that a proposal is exempt shall be a final decision.
C.
If a proposal is exempt, none of the procedural requirements of this subchapter shall apply to the proposal.
D.
Repealed by Ord. 959.
E.
If a proposal includes both exempt and nonexempt actions, the responsible official may authorize exempt actions prior to compliance with the procedural requirements of this ordinance, except that:
1.
The responsible official shall not give authorization for:
a.
Any nonexempt action;
b.
Any action that would have an adverse environmental impact; or
c.
Any action that would limit the choice of alternatives.
2.
The responsible official may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and
3.
The responsible official may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.
(Ord. 238 Ch. III § 9(i), 2000; Ord. 959 § 1 (Exh. A), 2022)
§ 20.30.580 Environmental checklist.
A.
A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate, or other approval not exempted in this ordinance; except, a checklist is not needed if the City’s responsible official and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. Except as provided in subsection E of this section, the checklist shall be in the form of WAC 197-11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4).
B.
For private proposals, the responsible official will require the applicant to complete the environmental checklist, providing assistance as necessary. For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
C.
The responsible official may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if any of the following occurs:
1.
The City has technical information on a question or questions that is unavailable to the private applicant; or
2.
The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
D.
The applicant shall pay to the City the actual costs of providing information under subsection (C)(2) of this section.
E.
For projects seeking to qualify as planned actions, the applicant shall submit a planned action determination of consistency review checklist and any other submittal requirements specified by the Director.
F.
The lead agency shall make a reasonable effort to verify the information in the environmental checklist and planned action checklist and shall have the authority to determine the final content of the checklists.
(Ord. 238 Ch. III § 9(j), 2000; Ord. 959 § 1 (Exh. A), 2022)
§ 20.30.590 Mitigated DNS.
A.
As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.
B.
An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:
1.
Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the Department is lead agency; and
2.
Precede the City’s actual threshold determination for the proposal.
C.
The responsible official’s response to the request for early request shall:
1.
Be written;
2.
State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the City to consider a DS; and
3.
State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
D.
When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the City shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal:
1.
If the City indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the City shall issue and circulate a DNS if the City determines that no additional information or mitigation measures are required.
2.
If the City indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the City shall make the threshold determination, issuing a DNS or DS as appropriate.
3.
The applicant’s proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific.
4.
Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
E.
A mitigated DNS is issued under either WAC 197-11-340(2), requiring a 14-day comment period and public notice, or WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application.
F.
Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the City.
G.
If at any time the proposed mitigation measures are withdrawn or substantially changed, the responsible official shall review the threshold determination and, if necessary, may withdraw the mitigated DNS and issue a DS.
H.
If the City’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the City should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) relating to the withdrawal of a DNS.
I.
The City’s written response under subsection (C) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the City to consider the clarifications or changes in its threshold determination.
(Ord. 238 Ch. III § 9(k), 2000)
§ 20.30.600 Environmental impact statements (EIS) – Adoption by reference.
The City adopts the following sections of the SEPA Rules, as now existing or hereinafter amended, by reference, as supplemented by this subchapter:
WAC 197-11-400 | Purpose of EIS. |
WAC 197-11-402 | General requirements. |
WAC 197-11-405 | EIS types. |
WAC 197-11-406 | EIS timing. |
WAC 197-11-408 | Scoping. |
WAC 197-11-410 | Expanded scoping. |
WAC 197-11-420 | EIS preparation. |
WAC 197-11-425 | Style and size. |
WAC 197-11-430 | Format. |
WAC 197-11-435 | Cover letter or memo. |
WAC 197-11-440 | EIS contents. |
WAC 197-11-442 | Contents of EIS on nonproject proposals. |
WAC 197-11-443 | EIS contents when prior nonproject EIS. |
WAC 197-11-444 | Elements of the environment. |
WAC 197-11-448 | Relationship of EIS to other considerations. |
WAC 197-11-450 | Cost-benefit analysis. |
WAC 197-11-455 | Issuance of DEIS. |
WAC 197-11-460 | Issuance of FEIS. |
(Ord. 238 Ch. III § 9(l), 2000)
§ 20.30.610 Environmental impact statement and other environmental documents.
A.
Pursuant to WAC 197-11-420, 197-11-620, and 197-11-625, the Department shall be responsible for preparation and content of an EIS and other environmental documents by or under the direction of the SEPA responsible official. An EIS may be prepared by the lead agency’s staff; by an applicant or its agent; or by an outside consultant retained by either an applicant or the lead agency. The lead agency shall assure that the EIS is prepared in a professional manner and with appropriate interdisciplinary methodology. The responsible official shall direct the areas of research and examination to be undertaken as a result of the scoping process, as well as the organization of the resulting document.
B.
Consultants or subconsultants selected to prepare environmental documents for a private development proposal shall not:
1.
Act as agents for the applicant in preparation or acquisition of associated underlying permits;
2.
Have a financial interest in the proposal for which the environmental document is being prepared; and
3.
Perform any work or provide any services for the applicant in connection with or related to the proposal.
C.
All costs of preparing any required environment document shall be borne by the applicant.
D.
If the responsible official requires an EIS for a proposal and determines that the City will prepare the EIS, the responsible official shall notify the applicant as soon as reasonably possible after completion of the threshold determination. The responsible official shall also notify the applicant of the City’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
E.
The City may require an applicant to provide information that must be obtained by specific investigations. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-100, or other provisions of regulations, statute, or ordinance. An applicant shall not be required to produce information under this provision which is not specifically required by this subchapter nor is the applicant relieved of the duty to supply any other information required by statute, regulation or ordinance.
F.
In the event an applicant decides to suspend or abandon the project, the applicant must provide formal written notice to the Department. The applicant shall continue to be responsible for all monies expended by the Department to the point of the Department’s receipt of notification.
G.
The Department shall only publish an EIS when it believes that the EIS adequately discloses the significant direct, indirect, and cumulative adverse impacts of the proposal and its alternatives; mitigation measures proposed and committed to by the applicant, and their effectiveness in significantly mitigating impacts; mitigation measures that could be implemented or required; and unavoidable significant adverse impacts.
(Ord. 238 Ch. III § 9(m), 2000; Ord. 959 § 1 (Exh. A), 2022)
§ 20.30.620 Comments and public notice – Adoption by reference.
The City adopts the following sections, as now existing or hereinafter amended, by reference as supplemented in this subchapter:
WAC 197-11-500 | Purpose of this part. |
WAC 197-11-502 | Inviting comment. |
WAC 197-11-504 | Availability and cost of environmental documents. |
WAC 197-11-508 | SEPA register. |
WAC 197-11-510 | Public notice. |
WAC 197-11-535 | Public hearings and meetings. |
WAC 197-11-545 | Effect of no comment. |
WAC 197-11-550 | Specificity of comments. |
WAC 197-11-560 | FEIS response to comments. |
WAC 197-11-570 | Consulted agency costs to assist lead agency. |
(Ord. 238 Ch. III § 9(n), 2000)
§ 20.30.630 Comments and public notice – Additional considerations.
A.
For purposes of WAC 197-11-510, public notice for SEPA threshold determinations shall be required as provided in SMC § 20.30.120. At a minimum, notice shall be provided to property owners located within 500 feet, posted on the property (for site-specific proposals), and the Department shall publish a notice of the threshold determination in the newspaper of general circulation for the general area in which the proposal is located. This notice shall include the project location and description, the type of permit(s) required, comment period dates, and the location where the complete application and environmental documents may be reviewed.
B.
Publication of notice in a newspaper of general circulation in the area where the proposal is located shall also be required for all nonproject actions and for all other proposals that are subject to the provisions of this subchapter but are not classified as Type A, B, C, or L actions.
C.
The SEPA responsible official may require further notice if deemed necessary to provide adequate public notice of a pending action. Failure to require further or alternative notice shall not be a violation of any notice procedure.
D.
Pursuant to WAC 197-11-408(2)(a), all comments on determinations of significance and scoping notices shall be in writing, except where a public meeting on EIS scoping occurs pursuant to WAC 197-11-410(1)(b).
(Ord. 238 Ch. III § 9(o), 2000; Ord. 352 § 1, 2004; Ord. 959 § 1 (Exh. A), 2022)
§ 20.30.640 Using and supplementing existing environmental documents – Adoption by reference.
The City adopts the following sections of the SEPA Rules, as now existing or hereinafter amended, by reference:
WAC 197-11-164 | Planned actions – Definition and criteria. |
WAC 197-11-168 | Ordinances or resolutions designating planned actions – Procedures for adoption. |
WAC 197-11-172 | Planned actions – Project review. |
WAC 197-11-600 | When to use existing environmental documents. |
WAC 197-11-610 | Use of NEPA documents. |
WAC 197-11-620 | Supplemental environmental impact statements. |
WAC 197-11-625 | Addenda – Procedures. |
WAC 197-11-630 | Adoption – Procedures. |
WAC 197-11-635 | Incorporation by reference – Procedures. |
WAC 197-11-640 | Combining documents. |
(Ord. 238 Ch. III § 9(p), 2000)
§ 20.30.650 SEPA decisions – Adoption by reference.
The City adopts the following sections of the SEPA Rules, as now existing or hereinafter amended, by reference, as supplemented in this subchapter:
WAC 197-11-650 | Purpose of this part. |
WAC 197-11-655 | Implementation. |
WAC 197-11-660 | Substantive authority and mitigation. |
WAC 197-11-680 | Appeals. |
(Ord. 238 Ch. III § 9(q), 2000)
§ 20.30.660 SEPA decisions – Substantive authority.
A.
The City may attach conditions to a permit or approval for a proposal so long as:
1.
Such conditions are necessary to mitigate specific adverse environmental impacts identified in environmental documents prepared pursuant to this subchapter; and
2.
Such conditions are in writing; and
3.
The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
4.
The City has considered whether other local, State, or Federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
5.
Such conditions are based on one or more policies in SMC § 20.30.670 and cited in the permit, approval, license or other decision document.
B.
The City may deny a permit or approval for a proposal on the basis of SEPA so long as:
1.
A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final supplemental EIS; and
2.
A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
3.
The denial is based on one or more policies identified in SMC § 20.30.670 and identified in writing in the decision document.
(Ord. 238 Ch. III § 9(r), 2000)
§ 20.30.670 SEPA policies.
For the purposes of RCW 43.21C.060 and WAC 197-11-660(a), the following policies, plans, rules and regulations, and all amendments thereto, are designated as potential bases for the exercise of the City’s substantive authority to condition or deny proposals under SEPA, subject to the provisions of RCW 43.21C.240 and SMC § 20.30.660.
A.
The policies of the State Environmental Policy Act, RCW 43.21C.020.
B.
The Shoreline Comprehensive Plan, its appendices, subarea plans, surface water management plans, park master plans, and habitat and vegetation conservation plans.
C.
The Shoreline Municipal Code.
D.
The Shoreline Historic Inventory.
E.
The Shoreline Environmental Sustainability Strategy.
F.
The Shoreline Climate Action Plan.
G.
The Shoreline Diversity and Inclusion Goals.
(Ord. 238 Ch. III § 9(s), 2000; Ord. 959 § 1 (Exh. A), 2022)
§ 20.30.680 Appeals.
There are no administrative appeals of a SEPA threshold determination except threshold determinations associated with a Type B action. Any appeal of a SEPA determination, together with the City’s final decision on a proposal, may be appealed to the King County Superior Court, the Growth Management Hearings Board, or the Shoreline Hearings Board, based on the type of action being appealed, as provided in RCW 43.21.075.
(Ord. 238 Ch. III § 9(t), 2000; Ord. 352 § 1, 2004; Ord. 591 § 1 (Exh. A), 2010; Ord. 695 § 1 (Exh. A), 2014; Ord. 959 § 1 (Exh. A), 2022)
§ 20.30.690 Compliance with SEPA – Adoption by reference.
The City adopts the following sections of the SEPA Rules, as now existing or hereinafter amended, by reference, as supplemented in this subchapter:
WAC 197-11-900 | Purpose of this part. |
WAC 197-11-902 | Agency SEPA policies. |
WAC 197-11-916 | Application to ongoing actions. |
WAC 197-11-920 | Agencies with environmental expertise. |
WAC 197-11-922 | Lead agency rules. |
WAC 197-11-924 | Determining the lead agency. |
WAC 197-11-926 | Lead agency for governmental proposals. |
WAC 197-11-928 | Lead agency for public and private proposals. |
WAC 197-11-930 | Lead agency for private projects with one agency with jurisdiction. |
WAC 197-11-932 | Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. |
WAC 197-11-934 | Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. |
WAC 197-11-936 | Lead agency for private projects requiring licenses from more than one state agency. |
WAC 197-11-938 | Lead agencies for specific proposals. |
WAC 197-11-940 | Transfer of lead agency status to a state agency. |
WAC 197-11-942 | Agreements on lead agency status. |
WAC 197-11-944 | Agreements on division of lead agency duties. |
WAC 197-11-946 | DOE resolution of lead agency disputes. |
WAC 197-11-948 | Assumption of lead agency status. |
(Ord. 238 Ch. III § 9(u), 2000)
§ 20.30.700 Forms – Adoption by reference.
The City adopts the following forms and sections of the SEPA Rules, as now existing or hereinafter amended, by reference:
WAC 197-11-960 | Environmental checklist. |
WAC 197-11-965 | Adoption notice. |
WAC 197-11-970 | Determination of nonsignificance (DNS). |
WAC 197-11-980 | Determination of significance and scoping notice (DS). |
WAC 197-11-985 | Notice of assumption of lead agency status. |
WAC 197-11-990 | Notice of action. |
(Ord. 238 Ch. III § 9(v), 2000)
§ 20.30.710 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this subchapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this subchapter.
(Ord. 238 Ch. III § 9(w), 2000)
§ 20.30.720 Purpose.
This subchapter is an exercise of the City’s power to protect the public health, safety and welfare; and its purpose is to provide enforcement of Code Violations, abatement of nuisances, and collection of abatement expenses by the City. This Code shall be enforced for the benefit of the general public, not for the benefit of any particular person or class of persons.
It is the intent of this subchapter to place the obligation for Code compliance upon the responsible party, within the scope of this subchapter, and not to impose any duty upon the City or any of its officers, officials or employees which would subject them to damages in a civil action.
(Ord. 238 Ch. III § 10(a), 2000; Ord. 406 § 1, 2006)
§ 20.30.730 General provisions.
A.
For the purposes of this subchapter, any person who causes or maintains a code violation and the owner, lessor, tenant or other person entitled to control, use, or occupancy of property where a code violation occurs shall be identified as the responsible party and shall be subject to enforcement action as provided in this subchapter.
However, if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner’s knowledge or consent by someone other than the owner or someone acting on the owner’s behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances, as determined by the Director. Should the responsible party not correct the violation, after service of the notice and order, civil penalties and abatement costs may be assessed.
B.
It shall be the responsibility of any person identified as a responsible party to bring the property into a safe and reasonable condition to achieve compliance. Payment of fines, applications for permits, acknowledgment of stop work orders and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. The date set for compliance in the notice and order takes precedence over any date established for the expiration of any required permit(s) and will be subordinate only to written extension of the notice and order.
C.
The responsible parties have a duty to notify the Director of any actions taken to achieve compliance. A violation shall be considered ongoing until the responsible party has come into compliance and has notified the Director of this compliance, and an official inspection has verified compliance and all assessed penalties and costs have been paid to the City.
D.
The procedures set forth in this subchapter are not exclusive; specifically the provisions in SMC § 20.80.090 additionally apply to code enforcement of violations of Chapter 20.80 SMC, Critical Areas. These procedures shall not in any manner limit or restrict the City from remedying or abating code violations in any other manner authorized by law.
(Ord. 238 Ch. III § 10(b), 2000; Ord. 391 § 4, 2005; Ord. 406 § 1, 2006; Ord. 515 § 1, 2008; Ord. 669 § 1 (Exh. A), 2013; Ord. 724 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.30.740 Declaration of public nuisance, enforcement.
A.
A code violation, as used in this subchapter, is declared to be a public nuisance and includes violations of the following:
1.
Any City land use and development ordinances or public health ordinances;
2.
Any public nuisance as set forth in Chapters 7.48 and 9.66 RCW;
3.
Violation of any of the codes adopted in Chapter 15.05 SMC;
4.
Violation of provisions of Chapter 12.15 SMC, Use of Right-of-Way;
5.
Any accumulation of refuse, except as provided in Chapter 13.14 SMC, Solid Waste Code;
6.
Nuisance vegetation;
7.
Discarding or dumping of any material onto the public right-of-way, waterway, or other public property;
8.
Violation of any of the provisions of Chapter 13.10 SMC, Surface Water Utility; and
9.
Violations of any of the provisions of Chapter 13.12 SMC, Floodplain Management.
B.
No act which is done or maintained under the express authority of a statute or ordinance shall be deemed a public nuisance.
(Formerly 20.30.750. Ord. 238 Ch. III § 10(d), 2000; Ord. 251 § 2(E), 2000; Ord. 391 § 4, 2005; Ord. 406 § 1, 2006; Ord. 466 § 2, 2007; Ord. 531 § 1 (Exh. 1), 2009; Ord. 581 § 1 (Exh. 1), 2010; Ord. 641 § 4 (Exh. A), 2012)
§ 20.30.750 Junk vehicles as public nuisances.
A.
Storing junk vehicles as defined in SMC § 10.05.030(A)(1) upon private property within the City limits shall constitute a nuisance and shall be subject to the penalties as set forth in this section, and shall be abated as provided in this section; provided, however, that this section shall not apply to:
1.
A vehicle or part thereof that is completely enclosed within a permanent building in a lawful manner, or the vehicle is not visible from the street or from other public or private property; or
2.
A vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130.
B.
Whenever a vehicle has been certified as a junk vehicle under RCW 46.55.230, the last registered vehicle owner of record, if the identity of the owner can be determined, and the landowner of record where the vehicle is located shall each be given legal notice in accordance with SMC § 20.30.770(F) that a public hearing may be requested before the Hearing Examiner. If no hearing is requested within 14 days from the date of service, the vehicle, or part thereof, shall be removed by the City. The towing company, vehicle wrecker, hulk hauler or scrap processor will notify the Washington State Patrol and the Department of Licensing of the disposition of the vehicle.
C.
If the landowner is not the registered or legal owner of the vehicle, no abatement action shall be commenced sooner than 20 days after certification as a junk vehicle to allow the landowner to remove the vehicle under the procedures of RCW 46.55.230.
D.
If a request for hearing is received within 14 days, a notice giving the time, location and date of such hearing on the question of abatement and removal of the vehicle or parts thereof shall be mailed by certified mail to the landowner of record and to the last registered and legal owner of record of each vehicle unless ownership cannot be determined.
E.
The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, then the local agency shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the owner.
F.
The City may remove any junk vehicle after complying with the notice requirements of this section. The vehicle shall be disposed of by a licensed towing company, vehicle wrecker, hulk hauler or scrap processor with the disposing company giving notice to the Washington State Patrol and to the Department of Licensing of the disposition of the vehicle.
G.
The costs of abatement and removal of any such vehicle or remnant part shall be collected from the last registered vehicle owner if the identity of such owner can be determined, unless such owner has transferred ownership and complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle or remnant part is located, unless the landowner has prevailed in a hearing as specified in SMC § 20.30.760(E). Costs shall be paid to the Finance Director within 30 days of the removal of the vehicle or remnant part and, if delinquent, shall be assessed against the real property upon which such cost was incurred as set forth in SMC § 20.30.775.
(Formerly 20.30.760. Ord. 238 Ch. III § 10(e), 2000; Ord. 406 § 1, 2006; Ord. 466 § 2, 2007; Ord. 469 § 1, 2007; Ord. 515 § 1, 2008)
§ 20.30.760 Notice and orders.
Whenever the Director has reason to believe that a Code Violation exists or has occurred, the Director is authorized to issue a notice and order to correct the violation to any responsible party. A stop work order shall be considered a notice and order to correct. Issuance of a citation or stop work order is not a condition precedent to the issuance of any other notice and order.
A.
Subject to the appeal provisions of SMC § 20.30.790, a notice and order represents a determination that a Code Violation has occurred and that the cited person is a responsible party.
B.
Failure to correct the Code Violation in the manner prescribed by the notice and order subjects the person cited to any of the compliance remedies provided by this subchapter, including:
1.
Civil penalties and costs;
2.
Continued responsibility for abatement, remediation and/or mitigation;
3.
Permit suspension, revocation, modification and/or denial; and/or
4.
Costs of abatement by the City, according to the procedures described in this subchapter.
C.
Any person identified in the notice and order as a responsible party may appeal the notice and order within 14 days of service, according to the procedures described in SMC §§ 20.30.220 and 20.30.790. Failure to appeal the notice and order within 14 days of issuance shall render the notice and order a final determination that the conditions described in the notice and order existed and constituted a Code Violation, and that the named party is liable as a responsible party.
D.
Issuance of a notice and order in no way limits the Director’s authority to issue a criminal citation or notice of infraction.
E.
The notice and order shall contain the following information:
1.
The address, when available, or location of the Code Violation;
2.
A legal description of the real property where the violation occurred or is located;
3.
A statement that the Director has found the named person to have committed a Code Violation and a brief description of the violation or violations found;
4.
A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision or stop work order that was or is being violated;
5.
The civil penalty assessed for failure to comply with the order;
6.
A statement advising that the notice and order may be recorded against the property in the King County Office of Records and Elections subsequent to service;
7.
A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency;
8.
A statement advising that, if any required work is not completed or a written extension for completion obtained within the time specified by the notice and order, the Director may proceed to abate the violation and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and several personal obligation of all responsible parties;
9.
A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the Director may charge the unpaid amount as a lien against the property where the Code Violation occurred and as a joint and several personal obligation of all responsible parties;
10.
A statement advising that any person named in the notice and order or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the Hearing Examiner within 14 days of the date of issuance of the notice and order;
11.
A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent City permit applications on the subject property;
12.
A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a Code Violation, and that the named party is liable as a responsible party; and
13.
A statement advising the responsible party of their duty to notify the Director of any actions taken to achieve compliance with the notice and order.
F.
Service of a notice and order shall be made on any responsible party by one or more of the following methods:
1.
Personal service may be made on the person identified as being a responsible party.
2.
Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available.
3.
Service by mail may be made for a notice and order by mailing by certified mail, to the responsible party at their last known address, at the address of the violation, or at the address of their place of business. The taxpayer’s address as shown on the tax records of the county shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. The City may mail a copy, postage prepaid, by ordinary first class mail. Service by mail shall be presumed effective upon the third business day following the day the notice and order was mailed.
The failure of the Director to make or attempt service on any person named in the notice and order shall not invalidate any proceedings as to any other person duly served.
G.
Whenever a notice and order is served on a responsible party, the Director may file a copy of the same with the King County Office of Records and Elections. When all violations specified in the notice and order have been corrected or abated, the Director shall issue a certificate of compliance to the parties listed on the notice and order. The responsible party is responsible for filing the certificate of compliance with the King County Office of Records and Elections, if the notice and order was recorded. The certificate shall include a legal description of the property where the violation occurred and shall state that any unpaid civil penalties, for which liens have been filed, are still outstanding and continue as liens on the property.
H.
The Director may revoke or modify a notice and order issued under this section. Such revocation or modification shall identify the reasons and underlying facts for revocation. The Director may add to, rescind in whole or part or otherwise modify or revoke a notice and order by issuing a supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notice and orders contained in this section.
I.
Failure to correct a Code Violation in the manner and within the time frame specified by the notice and order subjects the responsible party to civil penalties as set forth in SMC § 20.30.770.
1.
Civil penalties assessed create a joint and several personal obligation in all responsible parties. The City Attorney may collect the civil penalties assessed by any appropriate legal means.
2.
Civil penalties assessed also authorize the City to take a lien for the value of civil penalties imposed against the real property of the responsible party.
3.
The payment of penalties does not relieve a responsible party of any obligation to cure, abate or stop a violation.
(Formerly 20.30.770. Ord. 238 Ch. III § 10(f), 2000; Ord. 391 § 4, 2005; Ord. 406 § 1, 2006; Ord. 466 §§ 2, 3, 2007; Ord. 469 § 1, 2007; Ord. 515 § 1, 2008; Ord. 581 § 1 (Exh. 1), 2010)
§ 20.30.770 Enforcement provisions.
A.
Infraction. Whenever the Director has determined that a code violation has occurred, the Director may issue a Class 1 civil infraction, or other class of infraction specified in the particular ordinance violated, to any responsible party, according to the provisions set forth in Chapter 7.80 RCW.
B.
Misdemeanor. Any person who willfully or knowingly causes, aids or abets a code violation by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed $1,000 and/or imprisonment in the County jail for a term not to exceed 90 days. Each week (seven days) such violation continues shall be considered a separate misdemeanor offense. A misdemeanor complaint or notice of infraction may be filed as an alternative, or in addition, to any other judicial or administrative remedy provided in this subchapter or by law or other regulation.
C.
Suspension, Revocation or Limitation of Permit.
1.
The Director may suspend, revoke or limit any permit issued whenever:
a.
The permit holder has committed a code violation in the course of performing activities subject to that permit;
b.
The permit holder has interfered with the Director in the performance of their duties relating to that permit;
c.
The permit was issued in error or on the basis of materially incorrect information supplied to the City; or
d.
Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or cancelled.
2.
Such suspension, revocation or modification shall be carried out through the notice and order provisions of this subchapter and shall be effective upon the compliance date established by the notice and order. Such revocation, suspension or cancellation may be appealed to the Hearing Examiner using the appeal provisions of this subchapter. Notwithstanding any other provision of this subchapter, the Director may immediately suspend operations under any permit by issuing a stop work order.
D.
Civil Penalties.
1.
A civil penalty for violation of the terms and conditions of a notice and order shall be imposed in the amount of $500.00. The total initial penalties assessed for notice and orders and stop work orders pursuant to this section shall apply for the first 14-day period following the violation of the order, if no appeal is filed. The penalties for the next 14-day period shall be 150 percent of the initial penalties, and the penalties for the next 14-day period and each such period or portion thereafter shall be double the amount of the initial penalties.
2.
Any responsible party who has committed a violation of the provisions of Chapter 20.50 SMC, General Development Standards (tree conservation, land clearing and site grading standards), or Chapter 20.80 SMC, Critical Areas, will not only be required to restore unlawfully removed trees or damaged critical areas, insofar as that is possible and beneficial, as determined by the Director, but will also be required to pay civil penalties in addition to penalties under subsection (D)(1) of this section, for the redress of ecological, recreation, and economic values lost or damaged due to the violation. Civil penalties will be assessed according to the following factors:
a.
For violations within critical areas and required buffers, an amount determined pursuant to SMC § 20.80.090(E); or
b.
For violations not located within critical areas and required buffers, an amount determined to be equivalent to the economic benefit that the responsible party derives from the violation measured as the total of:
i.
The resulting increase in market value of the property; and
ii.
The value received by the responsible party; and
iii.
The savings of construction costs realized by the responsible party as a result of performing any act in violation of the chapter; and
c.
A penalty of $2,000 if the violation has severe ecological impacts, including temporary or permanent loss of resource values or functions.
3.
An additional penalty of $2,000 if the violation was deliberate, the result of knowingly false information submitted by the property owner, agent, or contractor, or the result of reckless disregard on the part of the property owner, agent, or their contractor. The property owner shall assume the burden of proof for demonstrating that the violation was not deliberate.
4.
A repeat violation means a violation of the same regulation in any location within the City by the same responsible party, for which voluntary compliance previously has been sought or any enforcement action taken, within the immediate preceding 24-consecutive-month period, and will incur double the civil penalties set forth above.
5.
Under RCW 59.18.085, if, after 60 days from the date that the City first advanced relocation assistance funds to displaced tenants, the landlord does not repay the amount of relocation assistance advanced by the City, the City shall assess civil penalties in the amount of $50.00 per day for each tenant to whom the City has advanced a relocation assistance payment.
6.
The responsible parties have a duty to notify the Director of any actions taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the responsible party has come into compliance with the notice and order and has notified the Director of this compliance, and an official inspection has verified compliance and all assessed penalties and costs have been paid to the City.
7.
a.
Civil penalties will be waived by the Director or will be reimbursed to the payer by the Director, with the concurrence of the Administrative Services Director, under the following documented circumstances:
i.
The notice and order were issued in error; or
ii.
The civil penalties were assessed in error; or
iii.
Notice failed to reach the property owner due to unusual circumstances.
b.
Civil penalties accrued under subsection (D)(1) of this section will be reduced by the Director to 20 percent of accrued penalties if voluntary compliance is achieved and the City is reimbursed its reasonable staff and professional costs incurred in enforcing the notice and order.
8.
Deep Green Incentive Program.
a.
Failure to submit the supplemental reports required by SMC § 20.50.630(F) by the date required – within six months and two years of issuance of the certificate of occupancy – is subject to civil penalties as specified in subsections (D)(1) and (D)(4) of this section.
b.
If the project does not meet the requirements after two years of occupancy as detailed under SMC § 20.50.630(F)(6)(a) through (F)(6)(c), the applicant or owner will be required to pay the following:
i.
Failure to demonstrate compliance with the provisions contained in SMC § 20.50.630(F)(6)(a) through (F)(6)(c) is subject to a maximum penalty of five percent of the construction value set forth in the building permit for the structure. This fee may be reduced at the discretion of the Director based on the extent of noncompliance.
ii.
In addition, the applicant or owner shall pay any permit or other fees that were waived by the City.
E.
Abatement.
1.
All public nuisances are subject to abatement under this subchapter.
2.
Imminent Nuisance and Summary Abatement. If a condition, substance, act or nuisance exists which causes a condition, the continued existence of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for the abatement, shall be given to the person responsible for the property and the violation as soon as reasonably possible after the abatement. The Director shall make the determination of a condition, substance, act or other occurrence constituting an imminent nuisance requiring summary abatement. Costs, both direct and indirect, of the abatement may be assessed as provided in this chapter.
3.
In the case of such unfit dwellings, buildings, structures, and premises or portions thereof, the Director, as an alternative to any other remedy provided in this subchapter, may abate such conditions by demolition, repair, removal, or securing the site and have abatement costs collected as taxes by the King County Treasury pursuant to SMC § 20.30.775. If an occupied rental dwelling or its premises are declared unfit and required to be vacated by a notice and order, and the landlord fails to pay relocation assistance as set forth in RCW 59.18.085, the City shall advance relocation assistance funds to eligible tenants in accordance with RCW 59.18.085.
F.
Additional Enforcement Provisions. The enforcement provisions of this section are not exclusive, and may be used in addition to other enforcement provisions authorized by the Shoreline Municipal Code or by State law, including filing for injunctive relief or filing of a civil action.
(Formerly 20.30.740. Ord. 238 Ch. III § 10(c), 2000; Ord. 251 § 2(D), 2000; Ord. 391 § 4, 2005; Ord. 406 § 1, 2006; Ord. 466 § 2, 2007; Ord. 581 § 1 (Exh. 1), 2010; Ord. 631 § 1 (Exh. 1), 2012; Ord. 669 § 1 (Exh. A), 2013; Ord. 724 § 1 (Exh. A), 2015; Ord. 760 § 1 (Exh. A), 2017; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.30.775 Collection of penalties and costs.
A.
All monies collected from the assessment of civil penalties, costs, and for abatement reimbursements recovered from violators resulting from code enforcement actions shall be deposited in a code enforcement/abatement fund and utilized for future code enforcement action expenses. Eligible expenses shall include, but not be limited to, all costs for abatement whether or not the responsible party is identified, education and outreach, and one-time expenses associated with a specific case necessary for obtaining code compliance.
B.
The amount of cost of repairs, alterations or improvements; or vacating and closing; or removal or demolition by the Director shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. For the purposes of this section, the cost of vacating and closing shall include (1) the amount of relocation assistance payments advanced to the tenants under RCW 59.18.085 that a property owner has not repaid to the City, and (2) all penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085.
Upon certification by the City Finance Director of the assessment amount being due and owing, the County Treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the City.
If the dwelling, building, structure, or premises is removed or demolished by the Director, the Director shall, if possible, sell the materials from such dwelling, building, structure, or premises and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the Director, after deducting the costs incident thereto.
The assessment shall constitute a lien against the property, which shall be of equal rank with State, county and municipal taxes.
C.
In addition to, or in lieu of, the provisions set forth in this subchapter, the City may commence a civil action in any court of competent jurisdiction to collect for any such charges incurred by the City to obtain compliance pursuant to this chapter and/or to collect any penalties that have been assessed.
(Ord. 238 Ch. III § 10(f), 2000; Ord. 391 § 4, 2005; Ord. 466 § 4, 2007; Ord. 788 § 1 (Exh. A), 2017)
§ 20.30.780 Civil penalties.
Repealed by Ord. 391.
(Ord. 238 Ch. III § 10(g), 2000)
§ 20.30.790 Appeals and judicial enforcement.
A.
Administrative Appeal – Filing Requirements.
1.
Any person named in a notice and order, or any owner of the land where the violation for which a notice and order is issued, may file a notice of appeal within 14 days of the service of the notice and order.
2.
A notice of appeal shall comply with the form, content and service requirements of SMC § 20.30.220 and rules promulgated thereunder.
B.
Administrative Appeal – Procedures.
1.
The appeal hearing shall be conducted as provided for a Type B action under SMC § 20.30.050 and Chapter 20.30, Subchapter 4, General Provisions for Land Use Hearings and Appeals, except that where specific provisions in that chapter conflict, the provisions of this section shall govern.
2.
Enforcement of any notice and order of the Director issued pursuant to this subchapter shall be stayed as to the appealing party during the pendency of any administrative appeal under this section, except when the Director determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued.
3.
Enforcement of any stop work order of the Director issued pursuant to this subchapter shall not be stayed during the pendency of any administrative appeal under this section.
4.
When multiple stop work orders or notices and orders have been issued for any set of facts constituting a violation, the enforcement actions appeal may be consolidated.
C.
Administrative Appeal – Final Order.
1.
Following review of the evidence submitted, the Hearing Examiner shall make written findings and conclusions and shall affirm or modify the notice and order previously issued if the examiner finds that a violation has occurred. The examiner shall uphold the appeal and reverse the order if the examiner finds that no violation has occurred.
2.
If an owner of property where a violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the property owner’s knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such an abatement in order to avoid doing substantial injustice to a nonculpable property owner.
3.
The Hearing Examiner’s final order shall be final and conclusive unless proceedings for review of the decision are properly commenced in superior court within the time period specified by State law.
(Ord. 238 Ch. III § 10(h), 2000)
§ 20.40.010 Purpose.
The City is divided into zones established in this Code for the following purpose:
A.
To provide for the geographic distribution of land uses into zones that reflect the goals and policies of the Comprehensive Plan.
B.
To maintain a stability in land use designation with similar characteristics and level of activity through the provisions of harmonious groupings of zones together.
C.
To provide an efficient and compatible relationship of land uses and zones.
D.
To facilitate the redevelopment of the light rail station subareas in a manner that encourages a mix of housing, employment and other uses that support the light rail stations.
(Ord. 238 Ch. IV § 1(A), 2000; Ord. 706 § 1 (Exh. A), 2015)
§ 20.40.020 Zones and map designations.
A.
The locations and boundaries of the zoning districts shall be shown on the map accompanying the ordinance codified in this section and entitled, “Official Zoning Map, Shoreline, Washington.” The Official Zoning Map and all notations, references, and amendments thereto are hereby adopted by this section.
B.
The following zoning and map symbols are established as shown in the following table:
ZONING | MAP SYMBOL |
|---|---|
RESIDENTIAL | |
Neighborhood Residential and Mixed-Use Residential | NR1, NR2, and NR3 Mixed-Use Residential 35', 45', and 70' (Numerical designator relating to height in feet) |
NONRESIDENTIAL | |
Neighborhood Business | NB |
Community Business | CB |
Mixed Business | MB |
Campus | CCZ, FCZ, PHZ, SCZ1 |
Town Center District | TC-1, TC-2, TC-3, TC-4 |
Planned Area | PA |
Notes: |
|---|
1 CCZ refers to the CRISTA Campus; FCZ refers to the Fircrest Campus; PHZ refers to the Public Health Laboratory Campus; and SCZ refers to the Shoreline Community College Campus. |
(Ord. 238 Ch. IV § 1(B), 2000; Ord. 281 § 4, 2001; Ord. 492 § 3, 2008; Ord. 507 § 4, 2008; Ord. 560 § 3 (Exh. A), 2009; Ord. 598 § 4, 2011; Ord. 609 § 7, 2011; Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.40.030 Residential zones.
A.
The purpose of the neighborhood residential-3 (NR3) zone is to provide for a mix of housing types in buildings that are similar in scale to a detached house, many of which are detached, and together form an open feel. Limited neighborhood-scale commercial uses may be permitted where appropriate to serve nearby residents.
B.
The purpose of the neighborhood residential-2 (NR2) zone is to provide for a mix of housing types in buildings similar in scale to a detached house, many of which are close to each other or attached, and together form a compact feel. Some neighborhood-scale commercial uses are permitted to serve nearby residents. This zone may also serve as a transition between lower intensity residential zones and higher-intensity residential or commercial zones.
C.
The purpose of the neighborhood residential-1 (NR1) zone is to provide for wide variety of housing types, most of which are attached and/or stacked in buildings greater than three stories in height. Some commercial activities are permitted in this zone. This zone serves as a transition between lower-intensity residential zones and mixed-use, commercial or other higher-intensity zones.
D.
The purpose of the TC-4 zone is to provide for a mix of predominantly apartment and town-house dwelling units and other compatible uses including commercial uses. This zone serves as a transition between lower-intensity residential zones and mixed-use, commercial or other higher-intensity zones.
(Ord. 238 Ch. IV § 1(C), 2000; Ord. 462 § 1, 2007; Ord. 850 § 1 (Exh. A), 2019; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.40.040 Nonresidential zones.
A.
The purpose of the neighborhood business (NB) zone is to allow for low intensity office, business and service uses located on or with convenient access to arterial streets. In addition, these zones serve to accommodate medium and higher density residential, and mixed-use types of development, while serving as a buffer between higher intensity uses and residential zones.
B.
The purpose of the community business zone (CB) is to provide location for a wide variety of business activities, such as convenience stores, retail, personal services for the local community, and to allow for apartments and higher intensity mixed-use developments.
C.
The purpose of the mixed business zone (MB) is to encourage the development of vertical and/or horizontal mixed-use buildings or developments along the Aurora Avenue and Ballinger Way corridors.
D.
The purpose of the town center zones (TC) is to provide for a central location that connects the major east-west and north-south connections in the City with a district that has the highest intensity of land uses, civic developments, and transportation-oriented design.
(Ord. 238 Ch. IV § 1(D), 2000; Ord. 560 § 3 (Exh. A), 2009; Ord. 654 § 1 (Exh. 1), 2013; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.40.045 Campus zones.
A.
The purpose of the campus zone is to provide for the location of charitable, educational, health, rehabilitative or other institutions and ancillary or compatible uses to the primary institutions located on the same site.
B.
Specific areas have been established to implement the appropriate objective of each different campus zone as follows:
1.
CRISTA Campus Zone (CCZ). CRISTA Ministries is an approximately 55-acre campus that provides such services and uses as education, senior care and housing, broadcasting, headquarters for humanitarian missions, relief and aid to those in need and specialized camps.
2.
Fircrest Campus Zone (FCZ). The Fircrest Campus is an approximately 83-acre site with existing uses that include the Fircrest School, a state-operated residential habilitation center and two not-for-profit tenants.
3.
Public Health Laboratory Zone (PHZ). The Public Health Laboratory is an approximately seven-acre campus that provides diagnostic and analytical services for the assessment and monitoring of infectious, communicable, genetic and chronic diseases and environmental health concerns for the State of Washington.
4.
Shoreline Community College Campus Zone (SCZ). Shoreline Community College is an approximately 79-acre state-operated community college. The college provides academic, professional, technical and workforce training programs, continuing education and community involvement programs to meet the lifelong learning needs of the community.
C.
All development within campus zones shall be governed by a master development plan reviewed pursuant to SMC §§ 20.30.060 and 20.30.353.
(Ord. 507 § 4, 2008)
§ 20.40.046 Mixed-use residential (MUR) zones.
A.
The purpose of the mixed-use residential (MUR) zones (MUR-35', MUR-45', and MUR-70') is to provide for a mix of predominantly multifamily development ranging in height from 35 feet to 70 feet in appropriate locations with other nonresidential uses that are compatible and complementary.
B.
Specific mixed-use residential zones have been established to provide for attached single-family residential, low-rise, mid-rise and high-rise multifamily residential. The mixed-use residential zones also provide for commercial uses, retail, and other compatible uses within the light rail station subareas.
C.
Affordable housing is required in the MUR-45' and MUR-70' zone and voluntary in the MUR-35' zone. Refer to SMC § 20.40.235 for affordable housing light rail station subarea requirements.
D.
Construction in MUR zones must achieve green building certification through one of the following protocols: Built Green 4-Star or PHIUS+. If an affordable housing or school project is required to certify through the Evergreen Sustainable Development Standard, this protocol shall fulfill the requirement. If a project utilizes a more stringent certification protocol through the Deep Green Incentive Program, this shall fulfill the requirement, and if no departures are requested, then an Administrative Design Review (ADR) is not required.
(Ord. 706 § 1 (Exh. A), 2015; Ord. 850 § 1 (Exh. A), 2019; Ord. 839 § 1 (Exh. A), 2019; Ord. 968 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.40.050 Special districts.
A.
Planned Area (PA). The purpose of the PA is to allow unique zones with regulations tailored to the specific circumstances, public priorities, or opportunities of a particular area that may not be appropriate in a City-wide land use district.
1.
Planned Area 3: Aldercrest (PA 3). Any development in PA 3 must comply with the standards specified in Chapter 20.93 SMC.
(Ord. 238 Ch. IV § 1(E), 2000; Ord. 281 § 5, 2001; Ord. 338 § 3, 2003; Ord. 492 § 4, 2008; Ord. 507 § 4, 2008; Ord. 598 § 5, 2011; Ord. 609 § 8, 2011; Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A) , 2015; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.40.060 Zoning map and zone boundaries. [1]
A.
The location and boundaries of zones defined by this chapter shall be shown and delineated on the official zoning map(s) of the City, which shall be maintained as such and which are hereby incorporated by reference as a part of this Code.
B.
Changes in the boundaries of the zones, shall be made by ordinance adopting or amending a zoning map.
C.
Where uncertainty exists as to the boundaries of any zone, the following rules shall apply:
1.
Where boundaries are indicated as paralleling the approximate centerline of the street right-of-way, the zone shall extend to each adjacent boundary of the right-of-way. Non-road-related uses by adjacent property owners, if allowed in the right-of-way, shall meet the same zoning requirements regulating the property owners’ lots;
2.
Where boundaries are indicated as approximately following lot lines, the actual lot lines shall be considered the boundaries;
3.
Where boundaries are indicated as following lines of ordinary high water, or government meander line, the lines shall be considered to be the actual boundaries. If these lines should change the boundaries shall be considered to move with them; and
4.
If none of the rules of interpretation described in subsections (C)(1) through (3) apply, then the zoning boundary shall be determined by map scaling.
D.
Classification of Rights-of-Way.
1.
Except when such areas are specifically designated on the zoning map as being classified in one of the zones provided in this title, land contained in rights-of-way for streets or alleys, or railroads, shall be considered unclassified.
2.
Within railroad rights-of-way, allowed uses shall be limited to tracks, signals or other operating devices, movement of rolling stock, utility lines and equipment, and facilities accessory to and used directly for the delivery and distribution of services to abutting property.
3.
Where such right-of-way is vacated, the vacated area shall have the zone classification of the adjoining property with which it is merged.
(Ord. 238 Ch. IV § 1(F), 2000; Ord. 352 § 1, 2004)
[1]
Code reviser’s note: The official Shoreline Zoning Map is on file at the offices of the City. Contact City Hall for more information.
§ 20.40.100 Purpose.
A.
The purpose of this subchapter is to establish the uses generally permitted in each zone which are compatible with the purpose of the zone and other uses allowed within the zone.
B.
The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied or maintained.
C.
The use is considered permanently established when that use will be or has been legally established in continuous operation for a period exceeding 60 days.
Exception to SMC § 20.40.100(C): A use which will operate for less than 60 days or operates under an approved temporary use permit is considered a temporary use, and subject to the requirements of a temporary use permit.
D.
All applicable requirements of this Code, or other applicable State or Federal requirements, shall govern a use located in the City.
(Ord. 238 Ch. IV § 2(A), 2000; Ord. 731 § 1 (Exh. A), 2015)
§ 20.40.110 Use tables.
A.
The land use tables in this subchapter determine whether a specific use is allowed in a zone. The zone designation is located on the top of each column and the specific use is located on the horizontal rows.
B.
If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that zone.
C.
If the letter “P” appears in the box at the intersection of the column and the row, the use is permitted in that zone.
D.
If the letter “C” appears in the box at the intersection of the column and row, the use is allowed subject to a conditional use permit.
E.
If the letter “S” appears in the box at the intersection of the column and the row, the use is allowed subject to a special use permit.
F.
If an “-i” appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above (P, C or S), the requirements of this Code, and the specific conditions indicated in the Index of Supplemental Use Criteria (SMC §§ 20.40.200 through 20.40.610) for that type of use.
G.
For the purposes of this Code, in most instances only broad use classifications that share similar characteristics are listed in the use tables. Where separate regulations or permit processes are necessary, uses are classified further. Some uses are identified with a detailed description provided in a referenced North American Industrial Classification System (NAICS) number. (This system classifies land uses by categories and provides subclassification for more detailed associated uses.) In case of a question as to the inclusion or exclusion of a particular proposed use, which is not identified in these tables, the use shall not be permitted unless allowed through a Code interpretation applying the criteria for Unlisted Use found in the Index of Supplemental Use Criteria (SMC §§ 20.40.200 through 20.40.610). Temporary uses are allowed under criteria listed in SMC § 20.30.295.
H.
The Director is authorized to make reasonable accommodations to provisions of the Code that apply to dwellings occupied or to be occupied by disabled persons as defined by the Federal Fair Housing Act and Fair Housing Act Amendments, when such reasonable accommodations may be necessary in order to comply with such acts. All such accommodations shall be personal to the applicant and shall expire immediately if the disabled applicant terminates occupancy at the subject site.
I.
Where a zoning designation line divides a parcel which was in single ownership on August 17, 2015, and it contains more than one nonresidential zoning designation with no internal or abutting residential zoning designations, then any combination of the nonresidential zones’ allowed land uses shall be permitted throughout the entire parcel. All other development standards apply to each zone separately. See SMC § 20.50.020(D) for more exceptions to lots with split zoning.
(Ord. 238 Ch. IV § 2(B), 2000; Ord. 425 § 2, 2006; Ord. 609 § 9, 2011; Ord. 722 § 1, 2015)
§ 20.40.120 Residential uses.
Table 20.40.120 Residential Uses | |||||||||
|---|---|---|---|---|---|---|---|---|---|
NAICS # | SPECIFIC LAND USE | NR3 | NR2 | NR1 | TC-4 | NB | CB | MB | TC-1, 2 & 3 |
RESIDENTIAL GENERAL | |||||||||
Accessory Dwelling Unit | P-i | P-i | P-i | P-i | P-i | P-i | P-i | P-i | |
Affordable Housing | P-i | P-i | P-i | P-i | P-i | P-i | P-i | P-i | |
Cottage Housing Development | P | P | P | ||||||
Courtyard Apartment | P | P | P | P | |||||
Duplex | P | P | P | P | |||||
Fiveplex | P | P | P | ||||||
Fourplex | P | P | P | P | |||||
Home Occupation | P-i | P-i | P-i | P-i | P-i | P-i | P-i | P-i | |
Manufactured Home | P-i | P-i | P-i | P-i | |||||
Mobile Home Park | P-i | P-i | P-i | P-i | |||||
Multifamily | P | P | P | P-i | P-i | P-i | P-i | ||
Permanent Supportive and Transitional Housing | P-i | P-i | P-i | P-i | P-i | P-i | P-i | P-i | |
Single-Family Attached | P | P | P | P | |||||
Single-Family Detached | P | P | P | P | |||||
Sixplex | P | P | P | ||||||
Stacked Flat | P | P | P | P | |||||
Triplex | P | P | P | P | |||||
GROUP RESIDENCES | |||||||||
Adult Family Home | P | P | P | P | |||||
Assisted Living Facility | C | P | P | P | P | P | P | ||
Co-Living Housing | P-i | P-i | P-i | P-i | P-i | P-i | P-i | ||
Residential Care Facility | C-i | C-i | P-i | P-i | |||||
721310 | Dormitory | C-i | P-i | P-i | P-i | P-i | P-i | P-i | |
TEMPORARY LODGING | |||||||||
721191 | Bed and Breakfasts | P-i | P-i | P-i | P-i | P-i | P-i | P-i | P-i |
Enhanced Shelter | P-i | P-i | P-i | ||||||
Emergency Housing | P-i | P-i | P-i | ||||||
Homeless Shelter | P-i | P-i | P-i | ||||||
72111 | Hotel/Motel | P | P | P | |||||
Recreational Vehicle | P-i | P-i | P-i | P-i | P-i | P-i | P-i | ||
MISCELLANEOUS | |||||||||
Animals, Small, Keeping and Raising | P-i | P-i | P-i | P-i | P-i | P-i | P-i | P-i | |
P = Permitted Use | S = Special Use |
C = Conditional Use | -i = Indexed Supplemental Criteria |
(Ord. 238 Ch. IV § 2(B, Table 1), 2000; Ord. 281 § 6, 2001; Ord. 299 § 1, 2002; Ord. 301 § 1, 2002; Ord. 352 § 1, 2004; Ord. 368 § 1, 2005; Ord. 408 § 2, 2006; Ord. 560 § 3 (Exh. A), 2009; Ord. 654 § 1 (Exh. 1), 2013; Ord. 669 § 1 (Exh. A), 2013; Ord. 731 § 1 (Exh. A), 2015; Ord. 762 § 1 (Exh. A), 2017; Ord. 767 § 1 (Exh. A), 2017; Ord. 824 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. A), 2019; Ord. 901 § 1 (Exh. A), 2020; Ord. 907 § 1 (Exh. B), 2020; Ord. 929 § 1 (Exh. A), 2021; Ord. 984 § 1 (Exh. A), 2023; Ord. 1000 § 1 (Exh. A), 2023; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.40.130 Nonresidential uses.
Table 20.40.130 Nonresidential Uses | |||||||||
|---|---|---|---|---|---|---|---|---|---|
NAICS # | SPECIFIC LAND USE | NR3 | NR2 | NR1 | TC-4 | NB | CB | MB | TC-1, 2 & 3 |
RETAIL/SERVICE | |||||||||
532 | Automotive Rental and Leasing | P | P | P only in TC-1 | |||||
81111 | Automotive Repair and Service | P | P | P | P only in TC-1 | ||||
451 | Book and Video Stores/Rental (excludes Adult Use Facilities) | P | C | P | P | P | P | ||
Brewpub | P (See Chapter 20.50 SMC, Subchapter 2) | P | P | P | P | P | |||
513 | Broadcasting and Telecommunications | P | P | ||||||
812220 | Cemetery, Columbarium | C-i | C-i | C-i | C-i | P-i | P-i | P-i | P-i |
Houses of Worship | C | C | P | P | P | P | P | P | |
Construction Retail, Freight, Cargo Service | P | ||||||||
Daycare I Facilities | P-i | P-i | P | P | P | P | P | P | |
Daycare II Facilities | P-i | P-i | P | P | P | P | P | P | |
722 | Eating and Drinking Establishments (excluding Gambling Uses) | P-i (See Chapter 20.50 SMC, Subchapter 2) | P-i | P-i | P-i | P-i | P-i | ||
812210 | Funeral Home/Crematory | C-i | C-i | C-i | C-i | P-i | P-i | P-i | |
447 | Fuel and Service Stations | P | P | P | |||||
General Retail Trade/Services | P | P | P | P | |||||
811310 | Heavy Equipment and Truck Repair | P | |||||||
481 | Helistop | S | S | S | S | C | C | ||
812910 | Kennel or Cattery | C-i | P-i | P-i | |||||
Library Adaptive Reuse | P-i | P-i | P-i | P-i | P-i | P-i | P-i | P-i | |
31 | Light Manufacturing | P | P | ||||||
Marijuana Operations – Medical Cooperative | P | P | P | P | P | P | P | P | |
Marijuana Operations – Retail | P | P | P | P | |||||
Marijuana Operations – Processor | S | P | |||||||
Marijuana Operations – Producer | P | ||||||||
Microbrewery | P | P | P | ||||||
Microdistillery | P | P | P | ||||||
Minor Fleet Base | S | S | S | C | C | ||||
441 | Motor Vehicle and Boat Sales | P | P only in TC-1 | ||||||
Neighborhood Commercial | P | P | P | P | |||||
Personal Services | P | P | P | P | P | P | P | P | |
Professional Office | P-i | P-i | P-i | P-i | P | P | P | P | |
5417 | Research, Development and Testing | P | P | ||||||
Temporary Construction Facilities | P-i | P-i | P-i | P-i | P-i | P-i | P-i | P-i | |
Temporary Real Estate Office | P-i | P-i | P-i | P-i | P-i | P-i | P-i | P-i | |
484 | Trucking and Courier Service | P-i | P-i | P-i | |||||
Self-Storage Facilities | P-i | P-i | |||||||
541940 | Veterinary Clinics and Hospitals | C-i | C-i | P-i | P-i | P-i | P-i | ||
Warehousing and Wholesale Trade | P | ||||||||
Wireless Telecommunication Facility | P-i | P-i | P-i | P-i | P-i | P-i | P-i | P-i | |
P = Permitted Use | S = Special Use |
C = Conditional Use | -i = Indexed Supplemental Criteria |
(Ord. 238 Ch. IV § 2(B, Table 2), 2000; Ord. 258 § 5, 2000; Ord. 277 § 1, 2001; Ord. 281 § 6, 2001; Ord. 299 § 1, 2002; Ord. 317 § 1, 2003; Ord. 469 § 1, 2007; Ord. 560 § 3 (Exh. A), 2009; Ord. 643 § 1 (Exh. A), 2012; Ord. 654 § 1 (Exh. 1), 2013; Ord. 669 § 1 (Exh. A), 2013; Ord. 695 § 1 (Exh. A), 2014; Ord. 734 § 4, 2016; Ord. 735 § 1, 2016; Ord. 765 § 1 (Exh. A), 2016; Ord. 767 § 1 (Exh. A), 2017; Ord. 789 § 1 (Exh. A), 2018; Ord. 896 § 1 (Exh. A), 2020; Ord. 999 § 1 (Exh. A), 2024; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.40.140 Other uses.
Table 20.40.140 Other Uses | |||||||||
|---|---|---|---|---|---|---|---|---|---|
NAICS # | SPECIFIC USE | NR3 | NR2 | NR1 | TC-4 | NB | CB | MB | TC-1, 2 & 3 |
EDUCATION, ENTERTAINMENT, CULTURE, AND RECREATION | |||||||||
Adult Use Facilities | P-i | P-i | |||||||
71312 | Amusement Arcade | P | P | ||||||
71395 | Bowling Center | C | P | P | P | ||||
6113 | College and University | S | P | P | P | ||||
56192 | Conference Center | C-i | C-i | C-i | C-i | P-i | P-i | P-i | P-i |
6111 | Elementary School, Middle/Junior High School | C | C | C | C | ||||
Gambling Uses (expansion or intensification of existing nonconforming use only) | S-i | S-i | S-i | S-i | |||||
71391 | Golf Facility | P-i | P-i | P-i | P-i | ||||
514120 | Library | C | C | C | C | P | P | P | P |
71211 | Museum | C | C | C | C | P | P | P | P |
Nightclubs (excludes Adult Use Facilities) | C | P | P | ||||||
7111 | Outdoor Performance Center | S | P | ||||||
Parking Area | P-i | P-i | P-i | P-i | P-i | P-i | P-i | P-i | |
Parks and Trails | P | P | P | P | P | P | P | P | |
Performing Arts Companies/Theater (excludes Adult Use Facilities) | P-i | P-i | P-i | ||||||
6111 | School District Support Facility | C | C | C | C | C | P | P | P |
6111 | Secondary or High School | C | C | C | C | C | P | P | P |
6116 | Specialized Instruction School | C-i | C-i | C-i | C-i | P | P | P | P |
71399 | Sports/Social Club | C | C | C | C | C | P | P | P |
6114 (5) | Vocational School | C | C | C | C | C | P | P | P |
GOVERNMENT | |||||||||
9221 | Court | P-i | P-i | P-i | |||||
92216 | Fire Facility | C-i | C-i | C-i | C-i | P-i | P-i | P-i | P-i |
Interim Recycling Facility | P-i | P-i | P-i | P-i | P-i | P-i | P-i | ||
92212 | Police Facility | S | P | P | P | ||||
92 | Public Agency Office/Yard or Public Utility Office/Yard | S | S | S | S | S | P | P | |
221 | Utility Facility | C | C | C | C | P | P | P | P |
HEALTH | |||||||||
Enhanced Services Facility | S | ||||||||
Evaluation and Treatment Facility | S | ||||||||
622 | Hospital | C-i | C-i | C-i | P-i | P-i | P-i | ||
6215 | Medical Lab | P | P | P | |||||
6211 | Medical Office/Outpatient Clinic | C-i | C-i | P | P | P | P | ||
623 | Nursing Facility | C | C | P | P | P | P | ||
Residential Treatment Facility | C | C | C | P | P | P | |||
REGIONAL | |||||||||
Major Fleet Base | S | S | S | S | S | ||||
School Bus Base | S-i | S-i | S-i | S-i | S-i | S-i | S-i | ||
Secure Community Transitional Facility | S-i | ||||||||
Transfer Station | S | S | S | S | S | S | S | ||
Light Rail Transit System/Facility | S-i | S-i | S-i | S-i | S-i | S-i | S-i | S-i | |
Transit Park and Ride Lot | S-i | S-i | S-i | S-i | P | P | P | P | |
Work Release Facility | S-i | ||||||||
P = Permitted Use | S = Special Use |
C = Conditional Use | -i = Indexed Supplemental Criteria |
(Ord. 238 Ch. IV § 2(B, Table 3), 2000; Ord. 258 § 3, 2000; Ord. 281 § 6, 2001; Ord. 299 § 1, 2002; Ord. 309 § 4, 2002; Ord. 531 § 1 (Exh. 1), 2009; Ord. 560 § 3 (Exh. A), 2009; Ord. 654 § 1 (Exh. 1), 2013; Ord. 695 § 1 (Exh. A), 2014; Ord. 731 § 1 (Exh. A), 2015; Ord. 739 § 1 (Exh. A), 2016; Ord. 824 § 1 (Exh. A), 2018; Ord. 882 § 1 (Exh. C, 2020; Ord. 907 § 1 (Exh. B), 2020; Ord. 930 § 1 (Exh. A-1), 2021; Ord. 999 § 1 (Exh. A), 2024; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.40.150 Campus uses.
Permitted uses for parcels located in a campus zone shall be consistent with the campus master development plan approved by the City. Campus master development plans include:
1.
CRISTA;
2.
Fircrest;
3.
Shoreline Community College; and
4.
Public Health Laboratories.
(Ord. 507 § 4, 2008; Ord. 731 § 1 (Exh. A), 2015; Ord. 762 § 1 (Exh. A), 2017; Ord. 824 § 1 (Exh. A), 2018; Ord. 907 § 1 (Exh. B), 2020; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.40.160 Station area uses.
Table 20.40.160 Station Area Uses | ||||
|---|---|---|---|---|
NAICS # | SPECIFIC LAND USE | MUR-35' | MUR-45' | MUR-70' |
RESIDENTIAL | ||||
Accessory Dwelling Unit | P-i | P-i | P-i | |
Adult Family Home | P | |||
Affordable Housing | P-i | P-i | P-i | |
Bed and Breakfast | P-i | P-i | P-i | |
Co-Living Housing | P-i | P-i | P-i | |
Emergency Housing | P-i | |||
Enhanced Shelter | P-i | |||
Home Occupation | P-i | P-i | P-i | |
Homeless Shelter | P-i | |||
Hotel/Motel | P | |||
Live/Work | P (Adjacent to Arterial Street) | P | P-i | |
Multifamily | P | P | P-i | |
Permanent Supportive and Transitional Housing | P-i | P-i | P-i | |
Residential Care Facility | C-i | |||
Single-Family Attached | P-i | P-i | ||
Single-Family Detached | P-i | |||
COMMERCIAL | ||||
Book and Video Stores/Rental (excludes Adult Use Facilities) | P (Adjacent to Arterial Street) | P (Adjacent to Arterial Street) | P | |
Brewpub | P (Adjacent to Arterial Street) | P (Adjacent to Arterial Street) | P | |
House of Worship | C | C | P | |
Daycare I Facilities | P | P | P | |
Daycare II Facilities | P | P | P | |
Eating and Drinking Establishment (excluding Gambling Uses) | P-i (Adjacent to Arterial Street) | P-i (Adjacent to Arterial Street) | P-i | |
General Retail Trade/Services | P-i (Adjacent to Arterial Street) | P-i (Adjacent to Arterial Street) | P-i | |
Kennel or Cattery | C -A | |||
Marijuana Operations – Medical Cooperative | P | P | P | |
Marijuana Operations – Retail | ||||
Marijuana Operations – Processor | ||||
Marijuana Operations – Producer | ||||
Microbrewery | P (Adjacent to Arterial Street) | P | ||
Microdistillery | P (Adjacent to Arterial Street) | P | ||
Mini-Storage | C -A | C -A | ||
Professional Office | P-i (Adjacent to Arterial Street) | P-i (Adjacent to Arterial Street) | P | |
Research, Development and Testing | P-i | |||
Temporary Construction Facilities | P-i | P-i | P-i | |
Temporary Real Estate Office | P-i | P-i | P-i | |
Veterinary Clinic and Hospital | P-i | |||
Wireless Telecommunication Facility | P-i | P-i | P-i | |
EDUCATION, ENTERTAINMENT, CULTURE, AND RECREATION | ||||
Amusement Arcade | P -A | P -A | ||
Bowling Center | P-i (Adjacent to Arterial Street) | P | ||
College and University | P | |||
Conference Center | P-i (Adjacent to Arterial Street) | P | ||
Elementary School, Middle/Junior High School | C | C | P | |
Library | P-i (Adjacent to Arterial Street) | P | ||
Museum | P-i (Adjacent to Arterial Street) | P | ||
Parks and Trails | P | P | P | |
Performing Arts Companies/Theater (excludes Adult Use Facilities) | P -A | P -A | ||
School District Support Facility | C | C | ||
Secondary or High School | C | C | P | |
Specialized Instruction School | P-i (Adjacent to Arterial Street) | P | ||
Sports/Social Club | P-i (Adjacent to Arterial Street) | P | ||
Vocational School | P-i (Adjacent to Arterial Street) | P | ||
GOVERNMENT | ||||
Fire Facility | C-i | C-i | C-i | |
Police Facility | C-i | C-i | C-i | |
Public Agency Office/Yard or Public Utility Office/Yard | S | S | S | |
Utility Facility | C | C | C | |
HEALTH | ||||
Hospital | C | C | C | |
Medical Lab | C | C | C | |
Medical Office/Outpatient Clinic | P-i (Adjacent to Arterial Street) | P | ||
Nursing Facilities | P-i (Adjacent to Arterial Street) | P | ||
OTHER | ||||
Animals, Small, Keeping and Raising | P-i | P-i | P-i | |
Light Rail Transit System/Facility | S-i | S-i | S-i | |
Transit Park and Ride Lot | S | P | ||
P = Permitted Use | C = Conditional Use |
S = Special Use | -i = Indexed Supplemental Criteria |
A= Accessory = Thirty percent of the gross floor area of a building or the first level of a multi-level building. | |
(Ord. 706 § 1 (Exh. A), 2015; Ord. 731 § 1 (Exh. A), 2015; Ord. 734 § 5, 2016; Ord. 735 § 2, 2016; Ord. 739 § 1 (Exh. A), 2016; Ord. 756 § 1 (Exh. A), 2016; Ord. 762 § 1 (Exh. A), 2017; Ord. 767 § 1 (Exh. A), 2017; Ord. 789 § 1 (Exh. A), 2018; Ord. 824 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. 1), 2019; Ord. 907 § 1 (Exh. A), 2020; Ord. 1000 § 1 (Exh. A), 2023; Ord. 999 § 1 (Exh. A), 2024; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.40.200 Purpose.
The purpose of this subchapter is to list alphabetically various uses or activities with supplemental criteria applicable to that use or activity.
(Ord. 238 Ch. IV § 3(A), 2000)
§ 20.40.210 Accessory dwelling units.
A.
Two accessory dwelling units per lot subject to the max density calculations in Table 20.50.020(1).
B.
Accessory dwelling units may be located in the same structure as a principal dwelling unit, or in a detached structure.
C.
Accessory dwelling units shall not be larger than 1,200 square feet.
Exception to SMC § 20.40.210(C): An accessory dwelling unit interior to the residence may be larger than 1,200 square feet where the unit is located on a separate floor and shares a common roof with the primary residence.
D.
Accessory dwelling unit shall comply with all applicable codes and standards.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 581 § 1 (Exh. 1), 2010; Ord. 631 § 1 (Exh. 1), 2012; Ord. 789 § 1 (Exh. A), 2018; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.40.220 Adult use facilities.
A.
Adult use facilities are subject to the requirements of Chapters 5.10 and 5.15 SMC.
B.
Adult use facilities shall be prohibited within 400 feet of any residential zone, other adult use facility, school, licensed daycare, public park, community center, public library or church which conducts religious or educational classes for minors.
1.
Adult use facilities in the MB zone that do not include any entertainment, performance, or activity for observation or use by patrons on premises are not required to meet the spacing requirement from residential zones.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.40.230 Affordable Housing.
A.
To qualify for additional dwelling units beyond those in Table 20.50.020(1), a development shall provide the required number of units as affordable housing and meeting the standards below:
Neighborhood Residential 3 | Neighborhood Residential 2 | |
|---|---|---|
Maximum density | 1 dwelling/2,400 sq ft | 1 dwelling/1,250 sq ft |
Maximum density if at least 30 percent of units achieve the affordable housing requirements of this chapter | 1 dwelling/1,800 sq ft (1) | 1 dwelling/850 sq ft (2) |
Maximum density if at least 30 percent of units achieve the affordable requirements of this chapter and if within 1/2 mile of a major transit stop | 1 dwelling/1,250 sq ft (2) | N/A |
Notes: | |
|---|---|
(1) | At least four dwelling units per lot may be allowed if at least one unit on the lot is affordable. |
(2) | At least six dwelling units per lot may be allowed if at least two units on the lot are affordable. |
B.
The maximum density if affordability is achieved shall be calculated as demonstrated in the following example (fractions of 0.5 or greater are rounded up to the nearest whole number):
Example 1 – an 8,000 square foot lot zoned NR3 zone where a property owner proposed affordable units.
Calculation: 8,000/1,800 = 4.44 which rounds down to 4. Calculation: 4 × 0.30 = 1.32 which rounds down to 1.
Conclusion: The maximum number of principal dwelling units for this site would be four units and one must meet the affordable housing requirements of this subsection.
C.
Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone, that do not exceed 30 percent of the monthly income of a household whose income does not exceed the following percentages of median household income adjusted for house-hold size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development:
1.
Rental housing: 60 percent.
2.
Owner-occupied housing: 80 percent.
D.
The units shall be maintained as affordable for a term of at least 50 years, and the property shall satisfy that commitment and all required affordability and income eligibility conditions.
E.
Prior to certificate of occupancy of any permit subject to these affordable housing provisions the owner of the affected parcels shall deliver to the City a duly executed covenant running with the land, in a form approved by the City that ensures the continuing rental or ownership of units subject to these affordability requirements consistent with the conditions in Chapter 84.14 RCW for a period of no less than 50 years. The applicant shall be responsible for the cost and recording of the covenant.
F.
The covenant or deed restriction shall address criteria and policies to maintain public benefit if the property is converted to a use other than that which continues to provide for permanently affordable housing.
G.
When dwelling units subject to this section will be constructed in phases, or over a period of more than 12 months, a proportional amount of affordable housing units must be completed at or prior to completion of the related market rate dwellings, as approved by the Director.
H.
If a project is to be phased, the proportion of affordable units or residential building lots to be completed with each phase shall be determined as part of the phasing plan approved by the Director.
I.
In subdivisions where the applicant intends to sell the individual unimproved lots, it is the responsibility of the applicant to arrange for the affordable units to be built.
J.
The units dedicated to affordable housing shall:
1.
Be provided in a range of sizes comparable to other units in the development.
2.
The number and size of bedrooms in affordable units shall be in the same proportion as the number and size of bedrooms in units within the entire development.
3.
Be distributed throughout the development and have substantially the same functionality as the other units in the development.
K.
A development fee waiver may be approved by the Director for City imposed fees based on the percentage of affordable housing units to be constructed or remodeled that will be affordable to residents whose annual income does not exceed 60 percent King County Area Median Income. The development fee waiver will be commensurate with the percentage of affordable units in the development.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 462 § 1, 2007; Ord. 724 § 1 (Exh. A), 2015; Ord. 731 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.40.235 Affordable housing, light rail station subareas.
A.
The purpose of this index criterion is to implement the goals and policies adopted in the Comprehensive Plan to provide housing opportunities for all economic groups in the City’s light rail station subareas. It is also the purpose of this criterion to:
1.
Ensure a portion of the housing provided in the City is affordable housing;
2.
Create an affordable housing program that may be used with other local housing incentives authorized by the City Council, such as a multifamily tax exemption program, and other public and private resources to promote affordable housing;
3.
Use increased development capacity created by the mixed-use residential zones to develop voluntary and mandatory programs for affordable housing.
B.
Affordable housing is voluntary in MUR-35' and mandatory in the MUR-45' and MUR-70' zones. The following provisions shall apply to all affordable housing units required by, or allowed through, any provisions of the Shoreline Municipal Code:
1.
The City provides various incentives and other public resources to promote affordable housing. Specific regulations providing for affordable housing are described below:
MUR-70'+ | MUR-70' | MUR-45' | MUR-35' | |
|---|---|---|---|---|
Mandatory Participation | Yes | Yes | Yes | No |
Incentives (3) (4) | Height may be increased above 70 ft.; no density limits; and may be eligible for 12-year or 20-year property tax exemption (PTE) pursuant to Chapter 3.27 SMC; permit fee reduction pursuant to SMC § 20.40.235(F); and impact fee reduction pursuant to SMC Title 3. | Entitlement of 70 ft. height; no density limits; and may be eligible for 12-year or 20-year property tax exemption (PTE) pursuant to Chapter 3.27 SMC; permit fee reduction pursuant to SMC § 20.40.235(F); and impact fee reduction pursuant to SMC Title 3. | Entitlement of 45 ft. height; no density limits; and may be eligible for 12-year or 20-year property tax exemption (PTE) pursuant to Chapter 3.27 SMC; permit fee reduction pursuant to SMC § 20.40.235(F); and impact fee reduction pursuant to SMC Title 3. | No density limits; and may be eligible for 12-year or 20-year property tax exemption (PTE) pursuant to Chapter 3.27 SMC; permit fee reduction pursuant to SMC § 20.40.235(F); and impact fee reduction pursuant to SMC Title 3. |
Studio, 1 bedroom (3) (4) | 20% of rental units shall be affordable to households making 60% or less of the median income for King County adjusted for household size; or 10% of rental units shall be affordable to households making 50% or less of the median income for King County adjusted for household size. | 20% of rental units shall be affordable to households making 70% or less of the median income for King County adjusted for household size; or 10% of rental units shall be affordable to households making 60% or less of the median income for King County adjusted for household size. | ||
2+ bedrooms (3) (4) | 20% of the rental units shall be affordable to households making 70% or less of the median income for King County adjusted for household size; or 10% of the rental units shall be affordable to households making 60% or less of the median income for King County adjusted for household size. | 20% of the rental units shall be affordable to households making 80% or less of the median income for King County adjusted for household size; or 10% of the rental units shall be affordable to households making 70% or less of the median income for King County adjusted for household size. | ||
2.
Payment in lieu of constructing any fractional portion of mandatory units is available upon the City Council’s establishment of a fee in lieu formula. See subsection (E)(1) of this section. Full units are not eligible for fee in lieu option and must be built on site.
3.
In order to be eligible for a property tax exemption pursuant to Chapter 3.27 SMC, 20 percent of units must be built to affordability standards.
4.
In order to be eligible for permit or impact fee reductions or waivers, units must be affordable to households making 60 percent or less of the King County area median income.
C.
Mixed-Use Residential Zone Affordable Housing Requirements. The following provisions shall apply to all affordable housing units required by or created through any incentive established in the Shoreline Municipal Code unless otherwise specifically exempted or addressed by the applicable code section for specific affordable housing programs or by the provisions of an approved development agreement:
1.
Duration. Affordable housing units shall remain affordable for a minimum of 99 years from the date of initial occupancy. At the discretion of the Director a shorter affordability time period, not to be less than 30 years, may be approved for ownership affordable housing units in order to meet federal financial underwriting guidelines at such time as the City creates an affordable ownership program.
2.
Designation of Affordable Housing Units. The Director shall review and approve the location and unit mix of the affordable housing units, consistent with the following standards, prior to the issuance of any building permit:
a.
Location. The location of the affordable housing units shall be approved by the City, with the intent that the units are generally mixed with all other market rate housing in the development.
b.
Size (Bedroom). The affordable housing units shall consist of a range of the number of bedrooms that are comparable to the market rate housing units in the overall development.
c.
Size (Square Footage). Affordable housing units shall be the same size as market rate housing units with the same number of bedrooms unless approved by the Director. The Director may approve smaller units when: (i) the size of the affordable housing is at least 90 percent of the size of the market rate housing in the project with the same number of bedrooms; and (ii) the affordable units are not less than 500 square feet for a studio unit, 600 square feet for a one-bedroom unit, 800 square feet for a two-bedroom unit and 1,000 square feet for a two-bedroom-plus unit.
d.
All units in the development must have equal access to the development’s amenities or facilities, such as parking, fitness centers, community rooms, and swimming pools. If a fee is charged for the use of an amenity/facility, then all units in the development must be charged equally for such use.
3.
Timing/Phasing. The affordable housing units shall be available for occupancy in a time frame comparable to the availability of the market rate housing units in the development unless a phasing plan is developed pursuant to subsection D of this section or the requirements of this section are met through subsection E of this section.
4.
Development Standards, Recreation Space. The recreation/open space requirements for housing units affordable to families making 60 percent or less of adjusted median income for King County shall be calculated at 50 percent of the rate required for market housing in SMC § 20.50.240(G).
5.
Depending on the level of affordability, units provided by a not for profit entity may be eligible for an exemption from impact fees as provided in the impact fee chapters of SMC Title 3.
6.
In the event of a fractional affordable housing unit, payment in lieu in accordance with subsection (E)(1) of this section is allowed for the fractional unit.
D.
Affordable Housing Agreement. An affordable housing agreement shall be recorded with the King County Recorder’s Office prior to the issuance of a certificate of occupancy for a building permit for any development providing affordable housing pursuant to the requirements or incentives of the Shoreline Municipal Code.
1.
The recorded agreement shall be a covenant running with the land and shall be binding on the assigns, heirs and successors of the applicant.
2.
The agreement shall be in a form approved by the Director and the City Attorney and shall address price restrictions, tenant qualifications, affordability duration, phasing of construction, monitoring of affordability and any other topics related to the provision of the affordable housing units.
3.
The agreement may, at the sole discretion of the City, establish a monitoring fee for the affordable units. The fee shall cover the costs incurred by the City to review and process documents to maintain compliance with income and affordability restrictions of the agreement.
4.
The City may, at its sole discretion, agree to subordinate any affordable housing regulatory agreement for the purpose of enabling the owner to obtain financing for development of the property.
E.
Alternative Compliance. The City’s priority is for residential and mixed-use developments to provide the affordable housing on site. The Director, at their discretion, may approve a request for satisfying all or part of a project’s on-site affordable housing with alternative compliance methods proposed by the applicant. Any request for alternative compliance shall be submitted at the time of building permit application and must be approved prior to issuance of any building permit. Any alternative compliance must achieve a result equal to or better than providing affordable housing on site.
1.
Payment in Lieu of Constructing Mandatory Affordable Units. Payment in lieu of constructing mandatory affordable housing units is subject to the following requirements:
a.
The in-lieu fee is set forth in Chapter 3.01 SMC, Fee Schedules. Fees shall be determined at the time the complete application for a building permit is submitted using the fee then in effect.
b.
The fee shall be due and payable prior to issuance of any certificate of occupancy for the project.
c.
The City shall establish a housing program trust fund and all collected payments shall be deposited in that fund.
2.
Any request for alternative compliance shall demonstrate all of the following:
a.
Include a written application specifying:
i.
The location, type and amount of affordable housing; and
ii.
The schedule for construction and occupancy.
b.
If an off-site location is proposed, the application shall document that the proposed location:
i.
Is within a one-mile radius of the project or the proposed location is equal to or better than providing the housing on site or in the same neighborhood;
ii.
Is in close proximity to commercial uses, transit and/or employment opportunities.
c.
Document that the off-site units will be the same type and tenure as if the units were provided on site.
d.
Include a written agreement, signed by the applicant, to record a covenant on the housing sending and housing receiving sites prior to the issuance of any construction permit for the housing sending site. The covenant shall describe the construction schedule for the off-site affordable housing and provide sufficient security from the applicant to compensate the City in the event the applicant fails to provide the affordable housing per the covenant and the Shoreline Municipal Code. The applicant may request release of the covenant on the housing sending site once a certificate of occupancy has been issued for the affordable housing on the housing receiving site.
F.
Permit Fee Waiver. A development fee waiver may be approved by the Director for City imposed fees for an affordable housing project that constructs or remodels units that are affordable to residents whose annual income does not exceed 60 percent King County Area median income. The development fee waiver will be commensurate with the percentage of affordable units in the development.
(Ord. 706 § 1 (Exh. A), 2015; Ord. 731 § 1 (Exh. A), 2015; Ord. 792 § 3, 2017; Ord. 789 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. A), 2019; Ord. 968 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.40.240 Animals – Keeping of.
A.
Purpose. Establish regulations for the keeping of animals that will minimize nuisances and disturbances caused by animals, minimize the impact of livestock on the environment and prevent cruelty to animals.
B.
Permitted Accessory Use. The keeping of pets, and the raising, keeping and breeding of small animals, bees and livestock, are allowed as an accessory use to residential uses in any zone, subject to the regulations of this section and SMC Title 6, Animal Control Regulations. Keeping of animals related to commercial uses is not subject to this section and is covered in SMC Title 6.
C.
Small Animals. The maximum numbers of small animals are as follows; small animals on the premises less than two months in age are excluded from the density limitations:
1.
Small animals which are kept exclusively in a dwelling as household pets including those kept in aquariums, terrariums, cages or similar containers shall not be limited in number, except as may be provided in SMC § 20.30.740.
2.
Regardless of the total numbers of animals allowed in this section, the total number of unaltered adult cats and dogs per household shall not exceed three; provided, that all unaltered animals kept outdoors must be kept on a leash or in a confined area.
3.
The total maximum of a combination of small animals allowed outside, including dogs and cats, shall be limited to three per household on lots of less than 20,000 square feet. One additional small animal is allowed with each additional 5,000 square feet of site area over 20,000 square feet, up to a maximum of 20.
D.
Chickens (Hens), Rabbits and Similarly Sized Animals. Any combination of six chickens (excluding roosters), rabbits and similarly sized animals may be kept on any lot in addition to the small animals permitted in the preceding subsections. On lots of at least one-half acre, such animals may be kept at the rate of 12 for each one-half acre.
E.
Birds (other than domestic fowl) shall be kept in an aviary or loft that meets the following standards:
1.
The aviary or loft shall provide one-half cubic foot for each parakeet, canary or similarly sized birds, one cubic foot for each pigeon, small parrot or similarly sized bird, and two cubic feet for each large parrot, macaw or similarly sized bird.
2.
Aviaries or lofts shall not exceed 2,000 square feet in footprint.
3.
The aviary is set back at least 10 feet from any property line, and 20 feet from any neighboring dwelling unit.
F.
Beekeeping is limited as follows:
1.
Beehives are limited to no more than four hives, each with only one swarm, on sites less than 20,000 square feet.
2.
Hives shall not be located within 25 feet of any lot line except when situated eight feet or more above the grade immediately adjacent to the grade of the lot on which the hives are located or when situated less than eight feet above the adjacent existing lot grade and behind a solid fence or hedge six feet high parallel to any lot line within 25 feet of a hive and extending at least 20 feet beyond the hive in both directions.
3.
Must register with the Washington State Department of Agriculture.
4.
Must be maintained to avoid overpopulation and swarming.
G.
Livestock (Farm Animals). The maximum number of livestock shall be as follows:
1.
The minimum lot area for large livestock shall be two acres. Each animal is required one-half acre for the animal’s occupancy.
2.
Small livestock such as sheep, goats: subject to the provisions of subsection C of this section. Male goats must be dehorned and neutered.
3.
Livestock under six months of age are excluded from the density limitations.
H.
Categorization of Animals. In the event that animals are proposed that do not clearly fall within the size categories established by this code, the Director shall determine an appropriate category based on that which is most similar to the animal in question and its impact on neighboring properties and the environment.
I.
Prohibited Animals. In addition to the exotic animals prohibited in SMC Title 6, the keeping of swine over 120 pounds and 20 inches tall, roosters, peacocks and peahens, mink, nutria and foxes shall be prohibited.
J.
Exemptions. The following animals are exempt from the provisions of this chapter:
1.
Service animals as defined by SMC Title 6.
2.
Temporary uses of animals such as goats for the purpose of vegetation management.
K.
Maintenance and Operational Standards. All animal keeping shall comply with all of the following maintenance and operational standards.
1.
Odor and Vector Control. All animal enclosures, including but not limited to pens, coops, cages and feed areas, shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. They shall provide adequate ventilation and protection from the elements, pests and predators. There must be adequate space within the enclosures so that each animal has room to fully extend itself and turn around.
2.
Enclosures. Enclosures for large livestock must be set back at least 20 feet from any property line.
3.
Animal Waste. Manure shall not be allowed to accumulate within setback areas. Each site shall be maintained in a neat and sanitary manner.
4.
Containment. All animals shall be effectively contained on the site, and shall not be allowed to run free on any parcel in a separate ownership or in a public right-of-way.
5.
Waterway Protection. All animal keeping shall adhere to the best management practices as required by the City’s adopted Stormwater Manual.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 406 § 1, 2006; Ord. 669 § 1 (Exh. A), 2013; Ord. 767 § 1 (Exh. A), 2017)
§ 20.40.250 Bed and breakfasts.
Bed and breakfasts are permitted only as an accessory to the permanent residence of the operator, provided:
A.
Serving meals to paying guests shall be limited to breakfast; and
B.
The number of persons accommodated per night shall not exceed 10;
C.
Signs for bed and breakfast uses in the NR zones are limited to one identification sign use, not exceeding four square feet and not exceeding 42 inches in height;
D.
Bed and breakfasts require a bed and breakfast permit.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 352 § 1, 2004; Ord. 515 § 1, 2008; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.40.260 Boarding houses.
Repealed by Ord. 1047.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 352 § 1, 2004; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.40.270 Cemeteries and columbariums.
Structures shall maintain a minimum distance of 100 feet from property lines adjoining residential zones.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 1043 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.40.275 Collective gardens.
Repealed by Ord. 734.
(Ord. 643 § 2, 2012; Ord. 654 § 1 (Exh. 1), 2013)
§ 20.40.280 Residential care facilities (RCF).
Residential care facilities are permitted in NR3, NR2, and MUR-35' zones with the approval of a conditional use permit and permitted in the NR1 and TC-4 zones, provided:
A.
The number of residents shall be based on bedroom size. Patient bedroom size requirements must comply with WAC 388-97-2440, as amended. In any case, the total number of residents shall not exceed 15.
B.
An RCF must be 1,000 feet from an existing RCF (measured in a straight line from property line to property line).
C.
Parking must be screened from adjacent residential uses through a solid six-foot-high fence or wall.
D.
No more than six parking spaces may be located outside. If more than six parking spaces are required or provided, those spaces above six must be located in an enclosed structure.
E.
Signs are limited to residential sign standards in Table 20.50.540(G).
(Ord. 824 § 1 (Exh. A), 2018; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.40.285 Co-living housing.
A.
One sleeping unit is equivalent to 0.25 dwelling units for the purposes of calculating density.
B.
When located on a major pedestrian corridor, co-living housing shall provide ground-floor non-residential space consistent with the requirements in SMC §§ 20.40.465 and 20.50.250(C), unless the co-living housing is an adaptive reuse of an existing temporary lodging.
C.
In the neighborhood residential zones, co-living housing is subject to the design standards in Chapter 20.50 SMC, Subchapter 2, Neighborhood Residential Design. In all other zones, co-living housing shall be subject to the design standards in Chapter 20.50 SMC, Subchapter 4, Commercial and Multifamily Zone Design.
D.
Bike parking for co-living housing shall meet the multifamily bike parking requirements.
E.
At least one kitchen facility is required for each eight sleeping units. Kitchen facilities do not count towards required open space.
F.
Where standards in the development code reference criteria on a per dwelling unit basis, co-living housing shall apply those same standards on a per sleeping unit basis.
(Ord. 1047 § 1 (Exh. A), 2025)
§ 20.40.290 Conference center.
Permitted in a residential zone as accessory to a park or in a building listed on the National Register as an historic site or designated as a King County landmark or as a conditional use.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.300 Cottage housing development.
Repealed by Ord. 1047.
(Ord. 984 § 1 (Exh. A), 2023)
§ 20.40.310 Court.
A.
No jail or correctional facilities allowed as an accessory use; and
B.
No outdoor storage.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.320 Daycare facilities.
A.
Daycare I facilities are permitted in NR3 and NR2 zoning designations as an accessory to residential use, house of worship, or a school facility, provided:
1.
Outdoor play areas shall be completely enclosed, with no openings except for gates, and have a minimum height of 42 inches; and
2.
Hours of operation may be restricted to assure compatibility with surrounding development.
B.
Daycare II facilities are permitted in the NR3 and NR2 zoning designations through an approved conditional use permit. Daycare II facilities are permitted as an accessory use in an existing house of worship or school facility in the NR3 and NR2 zones, provided:
1.
Outdoor play areas shall be completely enclosed, with no openings except for gates, and have a minimum height of six feet.
2.
Outdoor play equipment shall maintain a minimum distance of 20 feet from property lines adjoining residential zones.
3.
Hours of operation may be restricted to assure compatibility with surrounding development.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 469 § 1, 2007; Ord. 695 § 1 (Exh. A), 2014; Ord. 907 § 1 (Exh. B), 2020; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.40.330 Dormitory.
Dormitories are allowed only as an accessory to a school, college, university or church.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.340 Duplex.
Repealed by Ord. 767.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 299 § 1, 2002; Ord. 669 § 1 (Exh. A), 2013)
§ 20.40.350 Eating and drinking establishments.
Eating and drinking establishments are permitted in residential zones, NB, CB, MB and TC-1, 2, 3 and 4 zones, provided gambling uses as defined in this Code are not permitted. Outside entertainment that creates a noise disturbance for neighbors is not permitted after 10:00 p.m. in residential and TC-4 zones. If inside entertainment is provided in these zones, the establishment must provide sound attenuation to buffer sound to adjacent residential uses.
In the NR1, 2, and 3 and TC-4 zones, businesses operating drive-through windows are prohibited.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 258 § 6, 2000; Ord. 560 § 3 (Exh. A), 2009; Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.40.353 Emergency Housing.
A.
Emergency housing is allowed in the MUR-70, mixed business, community business and town center 1, 2, and 3 zones subject to the below criteria to protect public health and safety consistent with RCW 35.21.683 and 35A.21.430
B.
It shall be operated by a public agency, a State of Washington registered nonprofit corporation; or a federally recognized tax exempt 501(c)(3) organization that has the capacity to organize and manage emergency housing;
C.
Emergency housing that does not require residents to enter into a lease shall be subject to the following additional requirements:
1.
It shall permit inspections by City, Health, and Fire Department inspectors at reasonable times for compliance with the City’s requirements. An inspection by the Shoreline Fire Department is required prior to occupancy;
2.
The emergency housing shall have a code of conduct that articulates the rules and regulations of the emergency housing. These rules shall include, at a minimum, prohibitions against alcohol and/or drug use and violence; and exclusion of sex offenders. The emergency housing shall keep a cumulative list of all residents who stay overnight in the emergency housing, including names and dates;
3.
To support the activities of the emergency housing without overcrowding residents the maximum number of residents of emergency housing shall be determined by the fire protective aspects and occupancy capacity of the building coupled with staffing provided consistent with building code and fire code requirements;
4.
A parking plan shall be submitted and approved by the Director. The parking plan shall meet the following criteria:
a.
Provide anticipated parking demand for staff and residents.
b.
Indicate where on-site parking will occur including number of stalls to demonstrate there is sufficient on-site capacity for anticipated parking demand.
c.
If there is not sufficient on-site parking capacity to meet anticipated parking demand, provide an executed shared parking agreement with a nearby property within reasonable proximity where land uses do not have conflicting parking demands to remain in effect as long as parking demand exceeds on-site supply.
(Ord. 1027 § 1 (Exh. A), 2025)
§ 20.40.355 Enhanced shelter.
Enhanced shelters are allowed in the MB zone subject to the below criteria:
A.
It shall be operated by a public agency, a State of Washington registered nonprofit corporation, or a federally recognized tax exempt 501(c)(3) organization that has the capacity to organize and manage an enhanced shelter;
B.
It shall permit inspections by City, Health and Fire Department Inspectors at reasonable times for compliance with the City’s requirements. An inspection by the Shoreline Fire Department is required prior to occupancy;
C.
It shall develop and enforce a code of conduct acceptable to the City that articulates the rules and regulations of the shelter. These rules shall include, at a minimum, prohibitions against criminal activities, such as theft and threats or acts of violence, and the sale, purchase, possession, or use of alcohol or illegal drugs within the facility or on the facility grounds;
D.
It shall be located with frontage on a principal arterial and within one-fourth mile of a transit stop with frequent all-day service as defined by King County Metro Transit;
E.
To avoid a concentration of uses, enhanced shelters must be located at least a mile from any other enhanced or homeless shelters, calculated as a radius from the property lines of the site;
F.
The maximum number of residents in an enhanced shelter shall be determined by the general capacity of the building and the level of staffing to be provided, but shall in no case exceed 100;
G.
A solid, six-foot-tall fence shall be provided along all property lines that abut residential zoning districts;
H.
The primary funding organization and shelter operator shall enter into a memorandum of agreement with the City regarding operational issues that shall include:
1.
Staffing plans.
2.
Requirements for regular reports to the City on how the shelter is meeting performance metrics.
3.
An agreement that if calls for law enforcement and/or the Fire Department services exceed an agreed upon threshold in any given quarter, the shelter operator will work with the City to reduce calls below the threshold level.
4.
A coordination plan with the Shoreline Police Department which shall include protocols for police response to the shelter and to shelter clients throughout Shoreline.
5.
Requiring adherence to a good neighbor plan that addresses how the shelter operator will address litter, noise, security procedures, and other issues that may be of concern to the surrounding community.
6.
Criteria to determine if/when to discontinue the shelter use if documented violations of the operational agreements are not addressed in a timely manner.
7.
Provisions for City approval of any proposed change in shelter operator.
(Ord. 929 § 1 (Exh. A), 2021; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.40.360 Fire facility.
A.
Any buildings from which firefighting equipment emerges onto a street shall maintain a distance of 35 feet from such street;
B.
No outdoor storage; and
C.
If a fire facility abuts both an arterial and a nonarterial, all access and egress shall be via the arterial.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.370 Funeral home/crematory.
Permitted only as an accessory to a cemetery.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.372 Gambling.
A.
Gambling uses are not permitted.
B.
Expansion or intensification of a nonconforming gambling use shall be subject to approval and issuance of a special use permit. For the purposes of this section, “intensification” shall mean the addition of a new gambling activity to an existing nonconforming gambling activity.
(Ord. 258 § 4, 2000; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.40.374 General retail trade/services.
These general retail trade/services are prohibited in the MUR zones:
A.
Adult use facilities;
B.
Smoke shop (a business that sells drug paraphernalia and smoking products);
C.
Cannabis sales;
D.
Firearm sales;
E.
Pawnshops.
(Ord. 706 § 1 (Exh. A), 2015)
§ 20.40.380 Golf facility.
Golf facilities are permitted within the residential district; provided, that structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.390 Group homes.
Repealed by Ord. 631.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.400 Home occupation.
Intent/Purpose: The City of Shoreline recognizes the desire and/or need of some citizens to use their residence for business activities. The City also recognizes the need to protect the surrounding areas from adverse impacts generated by these business activities.
Residents of a dwelling unit may conduct one or more home occupations as an accessory use(s), provided:
A.
The total area devoted to all home occupation(s) shall not exceed 25 percent of the floor area of the dwelling unit. Areas with garages and storage buildings shall not be considered in these calculations, but may be used for storage of goods associated with the home occupation.
B.
In residential zones, all the activities of the home occupation(s) (including storage of goods associated with the home occupation) shall be conducted indoors, except for those related to growing or storing of plants used by the home occupation(s).
C.
No more than two nonresident FTEs working on site shall be employed by the home occupation(s).
D.
The following activities shall be prohibited in residential zones:
1.
Automobile, truck and heavy equipment repair;
2.
Auto body work or painting;
3.
Parking and storage of heavy equipment; and
4.
On-site metals and scrap recycling.
E.
Sales shall be by appointment or limited to:
1.
Mail order sales; and
2.
Telephone or electronic sales with off-site delivery.
F.
Services to patrons shall be arranged by appointment or provided off site.
G.
The home occupation(s) may use or store a vehicle for pickup of materials used by the home occupation(s) or the distribution of products from the site, provided:
1.
No more than two such vehicles shall be allowed;
2.
Such vehicles shall not exceed gross weight of 14,000 pounds, a height of nine feet and a length of 22 feet.
H.
The home occupation(s) shall not use electrical or mechanical equipment that results in:
1.
A change to the fire rating of the structure(s) used for the home occupation(s), unless appropriate changes are made under a valid building permit; or
2.
Visual or audible interference in radio or television receivers, or electronic equipment located off premises; or
3.
Fluctuations in line voltage off premises; or
4.
Emissions such as dust, odor, fumes, bright lighting or noises greater than what is typically found in a neighborhood setting.
I.
One sign not exceeding four square feet may be installed without a sign permit. It may be mounted on the house, fence or freestanding on the property (monument style). Any additional signage is subject to permit under Chapter 20.50 SMC.
J.
All home occupations must obtain a business license, consistent with Chapter 5.05 SMC.
Note: Daycares, residential care facilities, animal keeping, and bed and breakfasts are regulated elsewhere in the Code.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 299 § 1, 2002; Ord. 352 § 1, 2004; Ord. 581 § 1 (Exh. 1), 2010; Ord. 631 § 1 (Exh. 1), 2012; Ord. 731 § 1 (Exh. A), 2015; Ord. 824 § 1 (Exh. A), 2018; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.40.405 Homeless shelter.
The intent of a homeless shelter is to provide temporary relief for those in need of housing. Homeless shelters are allowed in the MUR-70, mixed business, community business and town center 1, 2, and 3 zones subject to the below criteria:
A.
The homeless shelter must be operated by a public agency; a state of Washington registered nonprofit corporation; or a federally recognized tax exempt 501(c)(3) organization that has the capacity to organize and manage a homeless shelter.
B.
The homeless shelter shall permit inspections by City, Health, and Fire Department Inspectors at reasonable times for compliance with the City’s requirements. An inspection by the Shoreline Fire Department is required prior to occupancy.
C.
The homeless shelter shall have a code of conduct that articulates the rules and regulations of the shelter. These rules shall include, at a minimum, prohibitions against alcohol and/or drug use and violence; and exclusion of sex offenders. The homeless shelter shall keep a cumulative list of all residents who stay overnight in the shelter, including names and dates.
D.
To support the activities of the homeless shelter without overcrowding residents the maximum number of residents of a homeless shelter shall be determined by the fire protective aspects and occupancy capacity of the building coupled with staffing provided consistent with building code and fire code requirements.
(Ord. 850 § 1 (Exh. A), 2019; Ord. 959 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.40.410 Hospital.
A.
Repealed by Ord. 731;
B.
No burning of refuse or hazardous waste; and
C.
No outdoor storage when located in a residential zone.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 731 § 1 (Exh. A), 2015)
§ 20.40.420 Interim recycling facility.
A.
Interim recycling facilities in the residential zones shall be limited to drop box facilities that are accessory to a public or community use such as a school, fire station or community center.
B.
In NB and CB zones all processing and storage of material shall be within enclosed buildings, except drop box facilities for the collection and temporary storage of recyclable materials. Yard waste processing is not permitted.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 654 § 1 (Exh. 1), 2013)
§ 20.40.430 Kennels and catteries.
Kennels and catteries are subject to the following requirements:
A.
Run areas shall be completely surrounded by an eight-foot solid wall or fence; and
B.
Kennels and catteries shall be on sites of 35,000 square feet or more, and buildings used to house animals shall be a minimum distance of 50 feet from property lines abutting residential zones; and
C.
An animal waste disposal plan which ensures that all animal wastes are disposed of consistent with public health regulations.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.435 Library adaptive reuse.
A.
The adaptive reuse of a former public library facility is permitted in all zones subject to the uses of the underlying zoning; and
B.
In the NR zones a former public library may be adaptively reused for professional offices.
(Ord. 317 § 1, 2003; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.40.436 Live/work.
Live/work units may be located in the MUR-35' zone; however, only if the project site is located on an arterial street. In NB, CB, MB, TC-1, 2, 3 and MUR-70' zones live/work units may be located in ground floor nonresidential space pursuant to SMC § 20.40.465.
(Ord. 706 § 1 (Exh. A), 2015; Ord. 1000 § 1 (Exh. A), 2023)
§ 20.40.438 Light rail transit system/facility. [1]
A.
A light rail transit system/facility shall be approved through a special use permit as specified in SMC § 20.30.330.
B.
A light rail transit system/facility, stations and parking garages shall conform to the required standards below:
1.
Table 20.50.020(2) – Dimensional standards of the MUR-70' zone;
2.
SMC §§ 20.50.220 through 20.50.250 – Commercial design standards;
3.
SMC §§ 20.50.290 through 20.50.370 – Tree conservation, land clearing and site grading standards;
4.
SMC §§ 20.50.380 through 20.50.440 – Parking, access, and circulation;
5.
SMC §§ 20.50.450 through 20.50.520 – Landscaping;
6.
SMC §§ 20.50.530 through 20.50.610 – Signs for the MUR-70' zone;
7.
Chapter 20.60 SMC – Adequacy of Public Facilities;
8.
Chapter 20.70 SMC – Engineering and Utilities Development Standards; and
9.
Chapter 20.80 SMC – Critical Areas.
C.
The light rail transit system/facility improvements located between the stations shall comply with the applicable subchapters and sections below:
1.
SMC §§ 20.50.290 through 20.50.370 – Tree conservation, land clearing and site grading standards;
2.
SMC §§ 20.50.450 through 20.50.520 – Landscaping;
3.
Chapter 20.60 SMC – Adequacy of Public Facilities;
4.
Chapter 20.70 SMC – Engineering and Utilities Development Standards; and
5.
Chapter 20.80 SMC – Critical Areas.
D.
Modification of Subsections B and C of This Section Requirements. Due to the unique nature of a regional light rail transit system and its facilities, strict application of this Code’s development standards will not always be possible. If the applicant demonstrates that compliance with one or more of the development standards or requirements set forth in subsections B and C of this section would make siting, development or operation of the facilities impossible or impracticable (as that term is defined by WAC 365-196-550 and/or other law), would result in reduced public benefits, or alternative actions could meet or exceed the intended goals of such requirements, then the City may waive or modify such requirements as part of the special use permit process in accordance with this section.
E.
The following supplemental submittal items are required to permit a light rail transit facility or light rail transit system within the City:
1.
A construction management plan or agreement will be completed before any building permit may be issued for the proposal.
2.
A post construction parking operational management plan or agreement will be completed before light rail service begins and will include management and enforcement techniques to guard against such impacts as off-site parking in surrounding neighborhoods.
3.
An access assessment report is required for light rail transit system/facilities. The access assessment report will analyze, identify and prioritize multimodal access improvements. The access assessment report is intended to supplement the analysis and mitigation included in any environmental review document prepared for the proposed project. In general the access assessment report will address: improvements near the stations for pedestrians and bicycles, paratransit riders, and “kiss and ride” users. A more specific scope for the access assessment report will be agreed to by the applicant and the City. The City may require third party review of the access assessment report at the applicant’s expense.
F.
Project and Permitting Processes Light Rail System/Facility.
1.
Accelerated Project and Permitting Process.
a.
All City permit reviews will be completed within a mutually agreed upon reduced number of working days within receiving complete permit applications and including subsequent revisions in accordance with a fully executed accelerated project and permitting staffing agreement between the City and the project proponent.
b.
The fees for permit processing will be determined as part of the accelerated project permitting staffing agreement.
c.
An accelerated project and permitting staffing agreement shall be executed prior to the applicant’s submittal of the special use permit application; or the applicant may choose to utilize the City’s standard project and permitting processes set forth in subsection (F)(2) of this section.
2.
Standard Project and Permit Process.
a.
All complete permit applications will be processed and reviewed in the order in which they are received and based on existing resources at the time of submittal.
b.
Cost. Permit fees will be charged in accordance with Chapter 3.01 SMC. This includes the ability for the City to charge its established hourly rate for all hours spent in excess of the estimated hours for each permit.
c.
Due to the volume of permits anticipated for development of a light rail system/facilities in the City, in absence of an accelerated project permitting staffing agreement, the target time limits for decisions denoted in Chapter 20.30 SMC may be extended by the Director if adequate staffing is not available to meet demand.
(Ord. 706 § 1 (Exh. A), 2015; Ord. 739 § 1 (Exh. A), 2016; Ord. 741 § 1 (Exh. A), 2016; Ord. 789 § 1 (Exh. A), 2018)
[1]
Code reviser’s note: Ordinance No. 706 adds the provisions of this section as 20.40.440. The section has been editorially renumbered to prevent duplication of numbering.
§ 20.40.440 Manufactured homes.
A.
Any designated manufactured home meeting the definition of RCW 35A.63.145 and the certification requirements of RCW 43.22.340 may be used as a dwelling unit provided it is placed on a foundation and connected to all utilities required by the applicable building codes.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.450 Medical office/outpatient clinic.
A.
Repealed by Ord. 731.
B.
No outdoor storage when located in a residential zone.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 731 § 1 (Exh. A), 2015)
§ 20.40.460 Mobile home parks.
A.
Mobile home parks established prior to the effective date of this Code shall continue to be governed by all standards relating to density, setbacks, and landscaping, in effect at the time they were approved.
B.
Placement of new accessory structures and replacement mobile homes, either standard or nonstandard, in these mobile home parks shall be governed by the dimensional standards in effect when the parks were approved, unless two or more replacement mobile homes are proposed to be installed adjacent to each other under the flexible setback options set forth in this Code. Where internal setbacks are not specified the average of the prevailing setbacks on the pads to either side of the proposed new or replacement structure shall apply.
C.
No spaces or pads in an existing mobile home park shall be used to accommodate recreational vehicles (RVs), except when specifically adapted to accommodate them.
D.
New mobile home parks shall be at least three acres in area.
E.
Mobile home parks shall be eligible to achieve the maximum density permitted in the zone by providing the affordable housing benefit for mobile home parks set forth in this Code.
F.
Both insignia and noninsignia mobile homes may be installed in mobile home parks; provided, that noninsignia mobile homes shall meet the minimum livability and safety requirements set forth in Chapter 15.05 SMC;
G.
There shall be a minimum of 10 feet of separation maintained between all mobile homes on the site.
H.
Accessory structures shall be located no closer than:
1.
Ten feet to mobile homes on adjacent spaces, unless constructed of noncombustible materials, in which case the minimum setback shall be five feet;
2.
Five feet to accessory structures of mobile homes on adjacent spaces; and
3.
Five feet to the mobile home or other accessory structures on the same space, except a carport or garage may be attached to the mobile home, and the separation may be waived when such structures are constructed of noncombustible materials.
I.
All mobile homes and RVs supported by piers shall be fully skirted.
J.
A mobile home park may include a storage area for RVs owned by residents of the park, provided the storage area contains no utility hookups and no RV within the storage area shall be used as living quarters.
K.
All new or expanded mobile home parks shall provide open space as described in SMC § 20.50.240.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.40.465 Multifamily.
A.
Applicability. The standards in this section apply to properties zoned NB, CB, MB, TC-1, TC-2, TC-3, and MUR-70' and supplement the standards in Chapter 20.50 SMC, Subchapter 4, Commercial and Multifamily Zone Design.
B.
Nonresidential space shall be constructed on the portion of the building’s ground floor abutting a public right-of-way (ROW) in all mixed multifamily-commercial buildings in accordance with SMC § 20.50.250(C). Nonresidential space may be used for any use allowed in the zone, except parking areas, adult use facilities, marijuana operations – retail, and the following general retail trade/services: check-cashing services and payday lending, pawnshop, and tobacco/vape store. Residential dwelling units are not allowed in required nonresidential spaces, except, for a period ending January 1, 2029, the City may issue permits for live/work residential units that cumulatively occupy no more than 50 percent of the required ground floor nonresidential space abutting streets not designated principal, minor, or collector arterials.
C.
Buildings subject to these supplemental use criteria may increase their base height up to five feet. Buildings providing a restaurant ready space may increase their base height up to 10 feet. A restaurant ready space shall include the following components: ADA-compliant bathrooms (common facilities are acceptable); a central plumbing drain line; a grease interceptor; and a ventilation shaft for a commercial kitchen hood/exhaust. Buildings providing grocery store ready space may increase their base height up to 20 feet, permissible as a design departure pursuant to administrative design review, in accordance with SMC § 20.30.297. Base height shall be measured in accordance with SMC § 20.50.050.
D.
Buildings subject to these supplemental use criteria may increase their hardscape an additional five percent, to a maximum of 95 percent.
(Ord. 901 § 1 (Exh. A), 2020; Ord. 1000 § 1 (Exh. A), 2023; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.40.467 Parking areas.
Parking areas are allowed as an accessory use to the primary use allowed in that zone. Parking areas are not allowed as a primary use.
(Ord. 930 § 1 (Exh. A-1), 2021)
§ 20.40.470 Performing arts companies/theaters.
Plays/theatrical productions excluding those specified in adult use facilities.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.471 Permanent supportive and transitional housing.
A.
Permanent supportive and transitional housing is allowed in all zones that allow residential dwellings or hotels and is subject to the below criteria to protect public health and safety consistent with RCW 35.21.683 and 35A.21.430.
B.
It shall be operated by a public agency, a State of Washington registered nonprofit corporation, or a Federally recognized tax exempt 501(c)(3) organization that has the capacity to organize and manage permanent supportive and transitional housing.
C.
Any on-site supportive service areas for residents of permanent supportive or transitional housing in residential zones are not subject to size limits of neighborhood commercial or home occupation standards and do not require additional on-site parking for these services.
(Ord. 1027 § 1 (Exh. A), 2025)
§ 20.40.475 Professional offices.
Professional offices are allowed in the NR and TC-4 zones subject to the following conditions:
A.
Hours of operation are limited to 7:00 a.m. to 10:00 p.m. Monday through Friday and 9:00 a.m. to 10:00 p.m. Saturday and Sunday.
B.
Services provided shall be scheduled by appointment only.
C.
No outdoor storage.
D.
Parking shall be on a paved surface, pervious concrete, or pavers.
E.
No on-site transfer of merchandise.
F.
Compliance with all dimensional requirements set forth in Table 20.50.020(1), except density.
G.
One sign complying with Table 20.50.540(G) is allowed but may not be internally illuminated.
H.
Outdoor lighting shall comply with SMC § 20.50.240(H).
I.
Parking areas shall be screened from adjacent residential uses by either a six-foot opaque fence or Type I landscape buffer.
J.
Professional offices in the NR zones must also meet the standards in SMC § 20.50.116.
(Ord. 896 § 1 (Exh. A), 2020; Ord. 1027 § 2 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.40.480 Public agency or utility office.
Repealed by Ord. 695.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.490 Public agency or utility yard.
Repealed by Ord. 695.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 299 § 1, 2002)
§ 20.40.495 Recreational vehicle.
Recreational vehicles (RVs) as defined in SMC § 20.20.044 may be occupied for temporary lodging for up to two weeks (two weeks equals one occupancy) on a lot with the permission of the property owner subject to the following conditions:
A.
Limited to one recreational vehicle per lot plus additional recreational vehicles for every additional 10,000 square feet of lot, above the minimum lot size for a particular zone;
B.
No more than two occupancies per calendar year per lot;
C.
Such occupancy does not create a public health hazard or nuisance;
D.
RV must be parked on approved surface that meets the off-street parking construction standards in the Engineering Development Manual;
E.
RV may not be parked in yard setbacks;
F.
RV may be occupied for temporary lodging for up to 30 days if connected to approved utilities including water and wastewater disposal;
G.
No business occupation shall be conducted in said recreational vehicle;
H.
Recreational vehicles shall not use generators;
I.
Any deviation from time limits, number of occupancies per year, and number of recreational vehicles allowed may be proposed through a temporary use permit, SMC § 20.30.295.
(Ord. 301 § 1, 2002; Ord. 631 § 1 (Exh. 1), 2012)
§ 20.40.496 Research, development, and testing.
Research, development, and testing is permitted in the MUR-70' zone if the facility is categorized as BSL 1 or 2 (Biosafety Level 1 or Biosafety Level 2) as classified by the Centers for Disease Control (CDC) and the National Institutes of Health (NIH).
(Ord. 731 § 1 (Exh. A), 2015)
§ 20.40.500 School bus base.
Permitted as a special use only in conjunction with an existing or proposed school.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.502 Secure community transitional facility.
A.
Permitted as an SCTF Special Use-Type C action, granted by the City Council in the mixed business zone provided:
1.
The maximum number of residents in an SCTF shall be three persons, excluding resident staff.
2.
SCTFs should be located in relationship to transportation facilities in a manner appropriate to their transportation needs.
3.
In addition to meeting the noticing requirements specified in SMC § 20.30.120, noticing for SCTF special use permit applications also includes mailing the notice of application to both residents and owners of real property located within one-half mile of the site.
4.
In no case shall an SCTF be sited adjacent to, immediately across a street or parking lot from, or within 600 feet of unobstructed sight distance or 200 feet of risk potential activities or facilities as defined in this title in existence at the time a site is listed for consideration; provided, the 200-foot criteria shall not apply if the State Department of Social and Health Services determines it is not needed to protect public safety.
The distances specified in this subsection shall be measured by following a straight line from the nearest point of the building in which the SCTF is to be located, to the nearest point of the property line of the lot occupied by the risk potential activity or facility.
5.
Each SCTF shall provide on-site dining, on-site laundry or laundry service, and on-site recreation to serve the residents.
6.
Applicants shall submit the following items in addition to the standard permit application:
a.
The siting process used for the SCTF, including alternative locations considered.
b.
An analysis showing that utmost consideration was given to potential sites such that siting of the facility will have no undue impact on any one racial, cultural, or socioeconomic group, and that there will not be an over concentration of similar facilities in the city or a particular neighborhood.
c.
Proposed mitigation measures including the uses of extensive buffering from adjoining uses.
d.
Demonstration of an approved interlocal agreement between DSHS and the city of Shoreline regarding security and operational procedures.
e.
A schedule and analysis of all public input solicited during the siting process.
B.
Decision Criteria. A secure community transitional facility special use permit shall be granted by the city, only if the applicant demonstrates that:
1.
The secure community transitional facility will not materially endanger the health, safety and welfare of the community;
2.
The siting of an SCTF shall not create an over concentration within the city of Shoreline, a particular neighborhood, or community of such uses as defined by Chapter 71.09 RCW, work release facilities, pre-release facilities or similar facilities including Level 1, 2, and 3 registered sex offender housing;
3.
The location, size and height of buildings, structures, walls and fences, and screening vegetation for the essential public facility shall not hinder or discourage the appropriate development or use of neighboring properties; and
4.
The essential public facility will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding areas or conditions can be established to mitigate adverse impacts.
(Formerly 20.40.505. Ord. 309 § 5, 2002; Ord. 560 § 3 (Exh. A), 2009; Ord. 654 § 1 (Exh. 1), 2013; Ord. 789 § 1 (Exh. A), 2018)
§ 20.40.504 Self-storage facility.
A.
Location of Self-Storage Facilities.
1.
Self-storage facilities shall not be permitted on property located on a corner on an arterial street. For the purposes of this criterion, corners are defined as all private property adjacent to two or more intersecting arterial streets for a minimum distance of 200 feet in length by a width of 200 feet as measured from the property lines that face the arterials.
2.
Self-storage facilities shall not be permitted in the Aurora Square Community Renewal Area.
3.
In the Community Business zone, self-storage facilities are allowed adjacent to Ballinger Way NE, 19th Ave NE and Bothell Way NE only.
B.
Restrictions on Use of Self-Storage Facilities.
1.
The only activities permitted in individual storage units shall be the rental of the unit and the pickup and deposit of goods and/or property in storage. Storage units shall not be used for activities such as: residences, offices, workshops, studios, hobby or rehearsal areas.
Self-storage units shall not be used for:
a.
Manufacturing, fabrication, or processing of goods, service or repair of vehicles, engines, appliances or other electrical equipment, or any other industrial activity is prohibited.
b.
Conducting garage or estate sales is prohibited. This does not preclude auctions or sales for the disposition of abandoned or unclaimed property.
c.
Storage of flammable, perishable or hazardous materials or the keeping of animals is prohibited.
2.
Outdoor storage is prohibited. All goods and property stored at a self-storage facility shall be stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, etc., or storage in outdoor storage pods or shipping containers is permitted.
C.
Additional Design Requirements.
1.
Self-storage facilities are permitted only within multistory structures.
2.
Self-storage facilities shall not exceed 130,000 gross square feet.
3.
All storage units shall gain access from the interior of the building(s) or site – no unit doors may face the street or be visible from off the property.
4.
Loading docks, entrances or bays shall be screened with screens, fences, walls, or evergreen landscaping from adjacent rights-of-way.
5.
If a fence or wall around an entry is proposed, then it shall be compatible with the design and materials of the building(s) and site. Decorative metal or wrought iron fences are preferred. Chain-link (or similar) fences, barbed or razor wire fences, and walls made of precast concrete blocks are prohibited. Fences or walls are not allowed between the main or front building on the site and the street. Landscape areas required by the design guidelines or elsewhere in this code shall not be fenced.
6.
Each floor above the ground floor of a self-storage facility building that is facing a street shall at a minimum be comprised of 20 percent glass. All other building elevations shall include windows (or translucent cladding materials that closely resemble windows) such that not less than seven and one-half percent of said elevations provide either transparency or the illusion of transparency when viewed from the abutting street or property.
7.
Unfaced concrete block, painted masonry, tilt-up and precast concrete panels and prefabricated metal sheets are prohibited. Prefabricated buildings are not allowed.
8.
Exterior colors, including any internal corridors or doors visible through windows, shall be muted tones.
9.
Prohibited cladding materials include: unbacked, noncomposite sheet metal products that can easily dent; smooth face CMUs that are painted or unfinished; plastic or vinyl siding; and unfinished wood.
10.
Electrical service to storage units shall be for lighting and climate control only. No electrical outlets are permitted inside individual storage units. Lighting fixtures and switches shall be of a secure design that will not allow tapping the fixtures for other purposes.
11.
Self-storage facilities are required to be Leadership in Energy and Environmental Design (LEED) certified.
(Ord. 765 § 1 (Exh. A), 2016; Ord. 789 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. A), 2019)
§ 20.40.506 Single-family detached dwellings.
Single-family detached dwellings that do not meet the minimum density are permitted in the MUR-35' zone subject to the NR3 development standards in SMC § 20.50.020.
Multiple single-family detached dwellings are permitted in the MUR-35’ zone subject to minimum density standards in SMC § 20.50.020(2) and single-family attached and multifamily design standards in SMC § 20.50.120.
(Ord. 706 § 1 (Exh. A), 2015; Ord. 756 § 1 (Exh. A), 2016; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.40.510 Single-family attached dwellings.
Repealed by Ord. 1027.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 767 § 1 (Exh. A), 2017)
§ 20.40.520 Specialized instruction school.
A.
Specialized instruction schools are permitted; provided, that the majority of instruction must be within an enclosed structure; and
B.
Permitted as a conditional use in the residential district provided:
1.
Students are limited to 12 per one-hour session;
2.
The majority of instruction must be within an enclosed structure; and
3.
Structures used for the school shall maintain a distance of 25 feet from property lines adjoining residential zones.
C.
On lots over 2.5 acres:
1.
Retail sales of items related to the instructional courses is permitted, provided total floor area for retail sales is limited to 2,000 square feet;
2.
Sales of food prepared in the instructional courses is permitted, provided total floor area for food sales is limited to 1,000 square feet and is located in the same structure as the school;
3.
Other incidental student-supporting uses are allowed, provided such uses are found to be both compatible with and incidental to the principal use.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.530 Street vacation.
Repealed by Ord. 339.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.535 Temporary construction facilities.
Temporary construction facilities including buildings or staging areas for storage of materials and equipment, construction supervisory offices, temporary buildings or facilities for allowed uses under construction or remodel, and construction parking lots are not subject to design standards. These facilities may be located on sites with associated approved development permits; provided, that such facilities are:
1.
Allowed only during periods of active construction or remodel;
2.
Do not increase the density or intensity of use under construction or remodel; and
3.
Removed within 30 days of issuance of a final certificate of occupancy or cessation of work, whichever comes first.
(Ord. 1047 § 1 (Exh. A), 2025)
§ 20.40.540 Temporary real estate office.
One temporary real estate office may be located on a residential or mixed-use development site; provided, that activities are limited to the initial sale or rental of property or units within the development. The temporary real estate office is not subject to design standards. The use may be established during construction and shall be discontinued within one year of recording of a subdivision or issuance of a final certificate of occupancy, whichever comes first. The Director may extend the approval of the temporary real estate office as necessary to substantially complete initial sales or rental of property or units.
(Ord. 1047 § 1 (Exh. A), 2025)
§ 20.40.550 Transit park and ride lot.
A.
Limited in residential zones to 50 stalls unless sited on an existing parking lot or in conjunction with a publicly owned or nonprofit facility (i.e., church, social service agency, etc.); and
B.
New park and ride lots (not including new park and ride facilities located on existing parking lots) shall provide screening and/or Type I landscaping on interior setbacks that abut residentially zoned properties; and
C.
New park and ride lots (not including new park and ride facilities located on existing parking lots) shall provide Type II landscaping along street frontages; and
D.
New park and ride lots (not including new park and ride facilities located on existing parking lots) shall provide lighting directed to the interior of the site and away from adjacent residentially zoned properties.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.560 Trucking and courier service.
Trucking and courier service are limited to self-service household moving truck or trailer rentals.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.570 Unlisted use.
A.
Recognizing that there may be uses not specifically listed in this title, either because of advancing technology or any other reason, the Director may permit, condition or prohibit such use upon review of an application for Code interpretation for an unlisted use (SMC § 20.30.040, Type A action) and by considering the following factors:
1.
The physical characteristics of the unlisted use and its supporting structures, including but not limited to scale, traffic, hours of operation, and other impacts; and
2.
Whether the unlisted use complements or is compatible in intensity and appearance with the other uses permitted in the zone in which it is to be located.
B.
A record shall be kept of all unlisted use interpretations made by the Director; such decisions shall be used for future administration purposes.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 706 § 1 (Exh. A), 2015; Ord. 959 § 1 (Exh. A), 2022)
§ 20.40.580 Utility facility.
Repealed by Ord. 299.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.590 Veterinary clinics and hospitals.
Veterinary clinics and hospitals are permitted under the following provisions:
A.
No burning of refuse or dead animals is allowed.
B.
The portion of the building or structure in which animals are kept or treated shall be constructed so as to prevent incursion of noise from animals into any residential zone.
C.
All run areas shall be surrounded by an eight-foot solid wall and surfaced with concrete or other impervious material.
D.
The provisions of this Code relative to animal keeping are met.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.40.600 Wireless telecommunication facilities/satellite dish and antennas.
A.
Exemptions. The following are exemptions from the provisions of this chapter and shall be permitted in all zones:
1.
Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC).
2.
Machines and equipment that are designed and marketed as consumer products, such as microwave ovens and remote control toys.
3.
The storage, shipment or display for sale of antenna(s) and related equipment.
4.
Radar systems for military and civilian communication and navigation.
5.
Handheld, mobile, marine and portable radio transmitters and/or receivers.
6.
Wireless radio utilized for temporary emergency communications in the event of a disaster.
7.
Licensed amateur (ham) radio stations and citizen band stations.
8.
Earth station antenna(s) one meter or less in diameter and located in any zone.
9.
Earth station antenna(s) two meters or less in diameter and located in the NB, CB, MB or TC-1, 2, or 3 zone.
10.
Satellite dish antennas less than two meters in diameter, including direct to home satellite services, when an accessory use of a property.
11.
Maintenance or repair of a communication facility, antenna and related equipment, transmission structure, or transmission equipment enclosures; provided, that compliance with the standards of this chapter is maintained.
12.
Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a facility until 30 days after the completion of such emergency activity.
13.
A modification that has been determined to be an eligible facilities modification pursuant to SMC § 20.40.605.
B.
Prohibitions. The following wireless telecommunication facilities are prohibited:
1.
Guyed towers.
2.
Roof-mounted lattice towers.
C.
Permit Requirements.
Table 20.40.600(1) – Types of Permits Required for the Various Types of Wireless Telecommunication Facilities | ||||
|---|---|---|---|---|
Type of WTF | Type of Permit | |||
Building | Conditional Use (CUP) | Special Use (SUP) | Rights-of-Way Use | |
Building-mounted and structure-mounted wireless telecommunication facilities and facilities co-located onto existing tower | X | X (if applicable) | ||
Ground-mounted camouflaged lattice towers and monopoles | X | X | X (if applicable) | |
Ground-mounted uncamouflaged lattice towers and monopoles | X | X | X (if applicable) | |
D.
Building-Mounted Wireless Telecommunication Facilities Standards.
1.
Wireless telecommunication facilities located on the roof or on the side of the building shall be grouped together, integrated to the maximum possible degree with the building design, placed to the center of the roof and/or thoroughly screened from residential building views and from public views. (Figures 1 and 2.)
 Figure 1 – Wireless facilities integrated into the roof design. |
 Figure 2 – Unintegrated roof-mounted facilities are not permitted. |
2.
The maximum height of roof-mounted facilities and equipment shall not exceed 15 feet above the top of the roof on which the facility is located. This standard shall apply to all buildings, including those built at the maximum height allowed in a specific zone.
3.
Equipment for building-mounted wireless telecommunication facilities shall be located within the building in which the facility is placed or shall be incorporated into the roof design.
4.
Building-mounted wireless telecommunication facilities shall be painted with nonreflective colors. Colors of these facilities and equipment enclosures shall blend in with the building colors.
E.
Ground-Mounted Wireless Telecommunication Facilities.
1.
All ground-mounted wireless telecommunication facilities shall conform to the height and setbacks requirements specified in Table 2.
Table 20.40.600(2) – Height and Setback Standards for Ground-Mounted Wireless Telecommunication Facilities | ||
|---|---|---|
Zone | Maximum Height | Setbacks |
All Residential Zones: | Maximum height specified for each zone. | Minimum 50 feet from all adjacent residentially zoned properties. Minimum of 30 feet from any public right-of-way. |
All Commercial Zones: (NB, CB, MB and TC-1, 2, and 3) | Maximum height specified for each zone. | Minimum 30 feet from all adjacent commercially zoned properties and 50 feet from all adjacent residentially zoned properties. Minimum of 30 feet from any public right-of-way. |
MB Zone | Maximum height specified for the zone. | Minimum 30 feet from all adjacent commercially zoned properties and 50 feet from all adjacent residentially zoned properties. Minimum of 30 feet from any public right-of-way. |
2.
No new ground-mounted wireless telecommunication facilities are allowed within the City rights-of-way.
3.
All ground-mounted wireless telecommunication facilities shall conform to the following site development standards:
a.
To the greatest extent possible, ground-mounted facilities shall be located where existing trees, existing structures and other existing site features camouflage these facilities from prevalent views. (Figures 3, 4, 5 and 7.)
b.
Existing mature vegetation should be retained to the greatest possible degree in order to help conceal the facility. (Figure 5.)
c.
A landscaping plan shall be required that shows the best use of the existing vegetation. Existing vegetation shall be supplemented with new landscaping to effectively screen the facility. Indigenous, drought tolerant plants or species proven adaptable to the local climate should be used. New landscaping must provide design continuity between the subject site and neighboring properties. (Figure 3.)
d.
Equipment enclosures shall be placed unobtrusively underground if site conditions permit and if technically feasible. When such placement is not feasible, they shall be incorporated in a building design. (Figure 3.)
e.
Above ground equipment shall be screened around the perimeter by a fence at least six feet high. The fence should be made of masonry, ornamental metal or wood, or some combination of these. (Figure 8.)
f.
The use of chain link, plastic, vinyl or wire fencing is prohibited, unless fully screened from public views by a minimum eight-foot wide landscaping strip. All landscaping shall meet the standards of Chapter 20.50 SMC, Subchapter 7, Landscaping Standards. (Figure 6.)
g.
Support structures, antennas and associated hardware and equipment shall be finished in such a manner as to blend with the background against which the wireless communication facility will be viewed.
 Figure 3 – Supplement existing vegetation with new landscaping. Equipment enclosure shall be incorporated into a building design. |
 Figure 4 – Unintegrated facilities dominating the landscape are not permitted. |
 Figure 5 – Existing trees should be retained in order to conceal the WTF. |
 Figure 6 – Use of chain link fence without any landscape screen is prohibited. |
 Figure 7 – Unscreened facilities and chain link fencing are prohibited. |
 Figure 8 – Examples of screening and fencing of WTF from public views. |
F.
Structure-Mounted Wireless Telecommunication Facilities Standards.
1.
Wireless telecommunication facilities located on structures other than buildings, such as light poles, flag poles, transformers, existing monopoles, towers and/or tanks shall be designed to blend with these structures and be mounted on them in an inconspicuous manner. (Figures 9 and 10.)
2.
The maximum height of structure-mounted facilities shall not exceed the base height limits specified for each zoning designation in this title regardless of exceptions for the particular mounting structure, provided the facility may extend up to 15 feet above the top of the structure on which the facility is installed, including those built at or above the maximum height allowed in a specific zone.
3.
Wireless telecommunication facilities located on structures other than buildings shall be painted with nonreflective colors in a color scheme that blends with the background against which the facility will be viewed.
4.
Wireless telecommunication facilities located on structures within the City of Shoreline rights-of-way shall satisfy the following requirements and procedures:
a.
Only wireless telecommunication providers holding a valid franchise in accordance with SMC § 12.25.030 shall be eligible to apply for a right-of-way permit, which shall be required prior to installation in addition to other permits specified in this chapter. Obtaining a right-of-way site permit in accordance with this title may be an alternative to obtaining both a franchise and a right-of-way permit for a single facility at a specific location.
b.
All supporting ground equipment located within a public right-of-way shall be placed underground or, if located on private property, shall comply with all development standards of the applicable zone.
c.
To determine allowed height under subsection (F)(2) of this section, the zoning height of the zone adjacent to the right-of-way shall extend to the centerline except where the right-of-way is classified by the zoning map. An applicant shall have no right to appeal an administrative decision denying a variance from height limitations for wireless facilities to be located within the right-of-way.
 Figure 9 – Antenna mounted on the light pole. |
 Figure 10 – Antenna mounted on the existing water tank. |
G.
General Criteria.
1.
The following shall be considered by the applicants as preferred locations for WTF:
a.
Existing site or tower where a legal WTF is currently located.
b.
Publicly used structures such as water towers, utility poles, and other structures and/or buildings.
2.
Wherever possible stealth installations such as antennas either hidden within existing structures (e.g., church steeples or cupolas) or mounted in new structures designed to look like non-purpose-built towers (e.g., flag poles, fire towers, light standards) are required.
3.
If not using stealth installation, structure-mounted antennas shall be camouflaged, either boxed or painted, to blend in with the surrounding structure.
4.
Pole- or tower-mounted antennas shall be low profile and flush-mounted.
H.
Modification. Excluding modifications subject to SMC § 20.40.605 and “in-kind” replacements, modifications to existing sites, including the addition of new antennas to existing structures and building-mounted facilities, shall meet all requirements of this section.
1.
Additions to existing facilities shall incorporate stealth techniques to limit visual impacts.
2.
The antennas shall be mounted as close to the pole as possible.
3.
The diameter of existing facility may not be increased by adding larger frames or arms.
I.
Abandonment or Discontinuation of Use.
1.
At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier will notify the City of Shoreline development services group by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations.
2.
In the event that a licensed carrier fails to give such notice, the personal wireless service facility shall be considered abandoned upon the discovery of such discontinuation of operations.
3.
Upon abandonment or discontinuation of use, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:
a.
Removal of antennas, mount, equipment cabinets and security barriers from the subject property.
b.
Transportation of the antennas, mount, equipment cabinets and security barriers to a repository outside of the City of Shoreline.
c.
Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping provided by the WTF operator shall remain in place.
d.
If a carrier fails to remove a personal wireless service facility in accordance with this section of this chapter, the City of Shoreline shall have the authority to enter the subject property and physically remove the facility. Costs for removal of the WTF shall be charged to the landowner in the event the City of Shoreline removes the facility.
J.
Maintenance.
1.
The applicant shall maintain the WTF to standards that may be imposed by the City at the time of granting a permit. Such maintenance shall include, but not be limited to, painting, structural integrity, and landscaping.
2.
In the event the applicant fails to maintain the facility, the City of Shoreline may undertake enforcement action as allowed by existing codes and regulations.
(Ord. 238 Ch. IV § 3(B), 2000; Ord. 244 §§ 4, 5, 2000; Ord. 352 § 1, 2004; Ord. 560 § 3 (Exh. A), 2009; Ord. 581 § 1 (Exh. 1), 2010; Ord. 631 § 1 (Exh. 1), 2012; Ord. 654 § 1 (Exh. 1), 2013; Ord. 695 § 1 (Exh. A), 2014; Ord. 767 § 1 (Exh. A), 2017; Ord. 782 § 2 (Exh. A), 2017; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.40.605 Wireless telecommunication facilities – Eligible facilities modifications.
A.
Terms used in this section shall have the following meanings. If a term is not expressly defined in this section, then the definitions contained in Chapter 20.20 SMC or its usual meaning shall apply. Where the same term is also defined in Chapter 20.20 SMC, the definitions below shall control for the application of this chapter.
1.
“Base station”
means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower. The term “base station” includes, but is not limited to:
a.
Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
b.
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
c.
Any structure other than a tower that, at the time the relevant application is filed with City under this section, supports or houses equipment described in subsections (A)(1)(a) and (b) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another government regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
d.
The term does not include any structure that, at the time the relevant application is filed with the City under this section, does not support or house equipment described in subsections (A)(1)(a) and (b) of this section.
2.
“Collocation”
means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
3.
“Eligible facilities modification application”
means any request for modification of an existing eligible support structure that does not substantially change the physical dimensions of such tower or base station, involving:
a.
Collocation of new transmission equipment;
b.
Removal of transmission equipment; or
c.
Replacement of transmission equipment.
4.
“Eligible support structure”
means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the City under this section.
5.
Existing.
A constructed tower or base station is “existing” for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another government regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
6.
“FCC”
means the Federal Communications Commission.
7.
“Site”
means, for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
8.
“Spectrum Act”
means Title VI of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 USC 1455.
9.
Substantial Change.
A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
a.
For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, including towers within the public rights-of-way, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;
b.
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, including towers within the public rights-of-way, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
c.
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;
d.
It entails any excavation or deployment outside the current site;
e.
It would defeat the concealment elements of the eligible support structure; or
f.
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections (A)(9)(a) through (d) of this section.
g.
For the purpose of this section, changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
10.
“Transmission equipment”
means 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.
11.
“Tower”
means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for 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, and the associated site.
B.
Review of Applications.
1.
Documentation Requirement for Review. As provided for in SMC § 20.30.100(C), the Director shall specify submittal requirements for a complete eligible facilities modification application. The applicant shall provide the required documentation, along with the applicable application fee, so as to ensure that the City has all information and documentation that are reasonably necessary to determine if the applicant’s proposed facilities modification will substantially change the physical dimensions of an eligible support structure. The applicant will not be required to provide documentation of a needs analysis or other justification for the modification.
2.
Time Frame for Review. Within 60 days of the date of submittal of an eligible facilities modification application filed with the City under this section, less any time period excluded under subsection (B)(3) of this section, the City shall approve the application unless it determines that the application is not covered by this section.
3.
Tolling of the Time Frame for Review. The 60-day period begins to run when an eligible facilities modification application is filed, and may be tolled only by mutual agreement or in cases where the City determines that the application is incomplete. The time frame for review is not tolled by a moratorium on the review of applications.
a.
To toll the time frame for incompleteness, the City will provide written notice to the applicant within 30 days of receipt of the eligible facilities modification application, clearly and specifically delineating all missing documents or information. Such delineated information is limited to documents or information meeting the standard under subsection (B)(1) of this section.
b.
The time frame for review begins running again when the applicant makes a supplemental submission in response to the City’s notice of incompleteness.
c.
Following a supplemental submission, the City will have 10 days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
4.
Approval of an eligible facilities modification application does not relieve the applicant of compliance with any other applicable building, structural, electrical, and safety regulations and with other laws codifying objective standards reasonably related to health and safety, including but not limited to those set forth in Chapter 15.05 SMC, Construction and Building Codes, and SMC § 20.40.600.
5.
Denial of an Eligible Facilities Modification Application. An eligible facilities modification application shall be denied upon a determination by the City that the proposed facilities modification is not subject to this section or will substantially change the physical dimensions of an eligible support structure. The City will notify the applicant in writing of the basis for the denial.
6.
Failure to Act. In the event the City fails to approve or deny a request seeking approval of an eligible facilities modification application under this section within the time frame for review (accounting for any tolling), the application shall be deemed granted. The deemed grant does not become effective until the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
C.
Appeals. Notwithstanding any other provision of this title, no administrative appeal is provided for review of a decision to condition, deny, or approve an eligible facilities modification application. Any appeals must be brought pursuant to the Land Use Petition Act, Chapter 36.70C RCW. However, the City and the applicant retain all remedies provided for under the Spectrum Act and its implementing rules.
(Ord. 782 § 1 (Exh. A), 2017)
§ 20.40.610 Work release facility.
No work release facility shall be located closer than one mile from any public or private school servicing kindergarten through grade 12 students.
(Ord. 238 Ch. IV § 3(B), 2000)
§ 20.50.010 Purpose.
The purpose of this subchapter is to establish basic dimensional standards for development at a range of densities consistent with public health and safety and the adopted Comprehensive Plan.
The basic standards for development shall be implemented in conjunction with all applicable Code provisions.
(Ord. 238 Ch. V § 1(A), 2000; Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015)
§ 20.50.020 Dimensional requirements.
A.
Table 20.50.020(1) – Densities and Dimensions in Residential Zones.
Note: Exceptions to the numerical standards in this table are noted in parentheses and described below.
Residential Zones | ||||
|---|---|---|---|---|
Standards | NR3 | NR2 | NR1 | TC-4 |
Min. Density | N/A | N/A | 1 dwelling/2,500 sq ft | Based on bldg. bulk limits |
Max. Density Allowed per Lot | 3 dwellings (22) (23) (24) Or 1 dwelling/2,400 sq ft whichever is greater | 4 dwellings (23) (24) Or 1 dwelling/1,250 sq ft, whichever is greater | No max: based on bldg. bulk limits | Based on bldg. bulk limits |
Min. Lot Width | N/A | N/A | N/A | N/A |
Min. Lot Area (2) (14) | 7,200 sq ft | 5,000 sq ft | 2,500 sq ft | N/A |
Min. Front Yard Setback (2) (15) (23) | 10 ft | 10 ft | 10 ft | 10 ft |
Min. Setback to Garage or Carport Entry (2) | 20 ft (10 ft if abutting an alley) | 20 ft (10 ft if abutting an alley) | 20 ft (10 ft if abutting an alley) | 20 ft (10 ft if abutting an alley) |
Min. Rear Yard Setback (2) (23) (25) | 10 ft | 10 ft | 5 ft | 5 ft |
Min. Side Yard Setback (2) (23) (25) | 5 ft | 5 ft | 5 ft | 5 ft |
Base Height (9) (23) | 23 ft (28 ft if roof is pitched) | 30 ft (35 ft if roof is pitched) | 35 ft (40 ft if roof is pitched) (8)(16) | 35 ft (16) |
Max. Hardscape (2) (6) (19) (23) | 50% | 50% | 50% | 90% |
Table 20.50.020(2) – Densities and Dimensions in Mixed-Use Residential Zones. Note: Exceptions to the numerical standards in this table are noted in parentheses and described below. | |||
|---|---|---|---|
STANDARDS | MUR-35' | MUR-45' | MUR-70' |
Base Density: Dwelling Units/Acre | N/A | N/A | N/A |
Min. Density | 12 du/ac (17) | 18 du/ac | 48 du/ac |
Min. Lot Width (2) | N/A | N/A | N/A |
Min. Lot Area (2) | N/A | N/A | N/A |
Min. Front Yard Setback (2) (3) | 0 ft if located on an arterial street 10 ft on nonarterial street 22 ft if located on 145th Street (15) | 15 ft if located on 185th Street (15) 0 ft if located on an arterial street 10 ft on nonarterial street 22 ft if located on 145th Street (15) | 15 ft if located on 185th Street (15) 22 ft if located on 145th Street (15) 0 ft if located on all other streets |
Min. Rear Yard Setback (2) (4) (5) | 5 ft | 5 ft | 5 ft (20) |
Min. Side Yard Setback (2) (4) (5) | 5 ft | 5 ft | 5 ft (20) |
Base Height (9) (16) | 35 ft | 45 ft | 70 ft (11) (12) (13) |
Max. Building Coverage (2) (6) | N/A | N/A | N/A |
Max. Hardscape (2) (6) | 85% | 90% | 90% |
Exceptions to Table 20.50.020(1) and Table 20.50.020(2): | |
(1) | Repealed by Ord. 462. |
(2) | These standards may be modified to allow unit lot developments, mixed single-family attached developments and zero lot line developments. Setback variations apply to internal lot lines only. Overall site must comply with setbacks and hardscape limitations; limitations for individual lots may be modified. |
(3) | Repealed by Ord. 1027. |
(4) | Repealed by Ord. 1027. |
(5) | Repealed by Ord. 1027. |
(6) | Maximum hardscape can be increased based on the number of dwelling units on the lot as follows. For unit lot developments the overall site must comply with hardscape limitations; limitations for individual lots may be modified. |
NR3 | NR2 | NR1 | |
|---|---|---|---|
One unit per lot | 50% | 50% | 50% |
Two or more units per lot | 50% | 60% | 75% |
(7) | Repealed by Ord. 1027. | |
(8) | For development on NR1 lots abutting NR1, NB, CB, MB, CZ and TC-1, 2 and 3 zoned lots, the maximum height allowed is 50 feet and may be increased to a maximum of 60 feet with the approval of a conditional use permit. | |
(9) | Base height for public and private K through 12 schools in all zoning districts is 50 feet. Base height may be exceeded by gymnasiums to 55 feet and by theater fly spaces to 72 feet. | |
(10) | Repealed by Ord. 968. | |
(11) | Developments that exceed the base height and do not qualify for a height bonus within the Deep Green Incentive Program in SMC § 20.50.630, or the significant tree retention bonus in footnote 12, or the allowable exceptions to height in SMC § 20.50.050, may exceed the base height and develop to the maximum allowable height of 140 feet, subject to administrative design review approval and to the following: | |
a. | The affordable housing requirements for MUR-70'+ in SMC § 20.40.235 are satisfied; | |
b. | The development provides nonresidential space of at least 10,000 square feet; | |
c. | At least 20 percent of the public places and multifamily open space required in SMC § 20.50.240(F) and (G) shall be open and accessible to the public. This requirement does not include any area required for a public access easement as described in SMC § 20.70.340(E); | |
d. | The development shall provide two percent of the building construction valuation to be paid by the applicant for contribution to fund public parks, open space, art, or other recreational opportunities open and accessible to the public within the station sub-area as defined in the City’s Parks, Recreation, and Open Space Plan. The applicant’s contribution shall be paid to the City; and | |
e. | The development shall meet the requirements to achieve certification under one of the following sustainable development programs: (i) LEED Platinum; or (ii) 5-Star Built Green; or (iii) Passive House Institute US (PHIUS)+ combined with Salmon Safe; or (iv) Zero Energy combined with Salmon Safe. | |
(12) | Base height in the MUR-70' zone may be increased up to 80 feet when at least 10 percent of the significant trees on site are retained and up to 90 feet when at least 20 percent of the significant trees on site are retained. | |
(13) | All building facades in the MUR-70' zone fronting on any street shall be stepped back a minimum of 10 feet for that portion of the building above 45 feet in height. Alternatively, a building in the MUR-70' zone may be set back 10 feet at ground level instead of providing a 10-foot step-back at 45 feet in height. MUR-70' fronting on 185th Street shall be set back an additional 10 feet to use this alternative because the current 15-foot setback is planned for street dedication and widening of 185th Street. | |
(14) | The minimum lot area may be reduced proportional to the amount of land needed for dedication of facilities to the City as defined in Chapter 20.70 SMC. | |
(15) | The exact setback along 145th Street (Lake City Way to Fremont Avenue) and 185th Street (Fremont Avenue to 10th Avenue NE), up to the maximum described in Table 20.50.020(2), will be determined by the Public Works Department through a development application. | |
(16) | Base height may be exceeded by 15 feet for rooftop structures such as elevators, arbors, shelters, barbeque enclosures and other structures that provide open space amenities. | |
(17) | Single-family detached dwellings that do not meet the minimum density are permitted in the MUR-35' zone subject to the NR3 development standards. | |
(18) | The minimum front yard setback in the MUR-70' zone may be reduced to five feet on a nonarterial street if 20 percent of the significant trees on site are retained. | |
(19) | The maximum hardscape for public and private kindergarten through grade 12 schools is 75 percent. | |
(20) | Setback may be reduced to zero feet when a direct pedestrian connection is provided to adjacent light rail transit stations, light rail transit parking garages, transit park and ride lots, or transit access facilities. | |
(21) | Repealed by Ord. 1027. | |
(22) | Within one-half mile of a major transit stop this increases to four dwellings per lot or one dwelling per 1,800 square feet. One-half mile of a major transit stop will be measured in a straight line from the center of the major transit stop to the edge of a property line. | |
(23) | Flexibility for Unit Conversion and Retention of Existing Structures. Density and bulk standards can be modified if an existing dwelling unit is retained on site or converted to a middle housing type. Retained structures may be altered. To count as retention, a minimum of each of the following portions of the building must be retained: | |
a. | At least 50 percent of the building’s footprint; | |
b. | One hundred percent of the front, street-facing facade, excluding garages; and | |
c. | Fifty percent of the building’s exterior walls shall be preserved and remain exterior wall. | |
Density and bulk standard modifications are as follows: | ||
a. | Density Bonus. One existing dwelling unit per lot is exempt from the unit density maximums if retained on site. | |
b. | Lot Coverage. A maximum of 10 percent of additional hardscape is allowed if necessary for providing any required shared drive. | |
c. | Nonconforming Structure Setback Flexibility. The setbacks and height of a legally established nonconforming residential structure can be matched in any building addition or expansion necessary to convert the existing dwelling unit to middle housing. | |
(24) | These unit counts per lot can be exceeded by pursuing affordable housing per SMC § 20.40.230. | |
(25) | The side or rear yard setback for a detached ADU may be reduced to zero feet if abutting an alley. | |
Table 20.50.020(3) – Dimensions for Development in Commercial Zones Note: Exceptions to the numerical standards in this table are noted in parentheses and described below. | ||||
|---|---|---|---|---|
Commercial Zones | ||||
STANDARDS | Neighborhood Business (NB) | Community Business (CB) | Mixed Business (MB) | Town Center (TC-1, 2 & 3) |
Min. Front Yard Setback (Street) (1) (2) (5) (see Transition Area Setback, SMC § 20.50.021) | 0 ft | 0 ft | 0 ft | 0 ft |
Min. Side and Rear Yard Setback From Commercial Zones and the MUR-70' zone | 0 ft | 0 ft | 0 ft | 0 ft |
Min. Side and Rear Yard Setback From NR3 and NR2 Zones (see Transition Area Setback, SMC § 20.50.021) (8) | 20 ft | 20 ft | 20 ft | 20 ft |
Min. Side and Rear Yard Setback From TC-4, and NR1 Zones, MUR-35' and MUR-45' Zones (8) | 15 ft | 15 ft | 15 ft | 15 ft |
Base Height (3) | 50 ft | 60 ft (6) | 70 ft | 70 ft |
Hardscape (4) | 85% | 85% (7) | 95% | 95% |
Exceptions to Table 20.50.020(3): | ||
(1) | Front yards may be used for outdoor display of vehicles to be sold or leased. | |
(2) | Front yard setbacks, when in transition areas (SMC § 20.50.021(A)) shall be a minimum of 15 feet except on rights-of-way that are classified as principal arterials or when NR zones have the Comprehensive Plan designation of Public Open Space. | |
(3) | The following structures may be erected above the height limits in all commercial zones: | |
a. | Roof structures housing or screening elevators, stairways, tanks, mechanical equipment required for building operation and maintenance, skylights, flagpoles, chimneys, utility lines, towers, and poles; provided, that no structure shall be erected more than 10 feet above the height limit of the district, whether such structure is attached or free-standing except as provided in subsection (3)(f) of these exceptions. WTF provisions (SMC § 20.40.600) are not included in this exception. | |
b. | Parapets, firewalls, and railings shall be limited to four feet in height. | |
c. | Steeples, crosses, and spires when integrated as an architectural element of a building may be erected up to 18 feet above the base height of the district. | |
d. | Base height may be exceeded by gymnasiums to 55 feet and for theater fly spaces to 72 feet. | |
e. | Solar energy collector arrays, small scale wind turbines, or other renewable energy equipment have no height limits. | |
f. | Base height may be exceeded by 15 feet for rooftop structures such as elevators, arbors, shelters, barbeque enclosures and other structures that provide open space amenities and their access. | |
(4) | Site hardscape shall not include the following: | |
a. | Areas of the site or roof covered by solar photovoltaic arrays or solar thermal collectors. | |
b. | Intensive vegetative roofing systems. | |
(5) | The exact setback along 145th Street, up to the maximum described in Table 20.50.020(2), will be determined by the Public Works Department through a development application. | |
(6) | Base height may be exceeded for multifamily buildings providing ground floor nonresidential uses pursuant to SMC § 20.40.465. | |
(7) | Maximum hardscape may be exceeded for qualifying multifamily buildings pursuant to SMC § 20.40.465. | |
(8) | Minimum side and rear setbacks can be reduced to zero when the existing development in the abutting residential zone is not a residential use. | |
B.
Density Calculation.
1.
The minimum density for an individual site in the MUR zones shall be calculated by multiplying the site area (in acres) by the applicable number of dwelling units. When calculation results in a fraction, the fraction shall be rounded up to the next whole number.
Example: MUR-70' zone site, 0.4 acre site: 0.4 × 48 = 19.2.
The minimum number of dwelling units for the site would be 20 units.
2.
The minimum and maximum number of principal dwelling units for an individual site in the NR zones shall be calculated as described in Table 20.50.020(1).
a.
Fractions of 0.5 and above shall be rounded up.
b.
Fractions below 0.5 shall be rounded down.
C.
All areas of a site may be used in the calculation of base density (prior to any dedication for City facilities as required in Chapter 20.70 SMC), except that submerged lands shall not be credited toward base density calculations.
D.
When a lot is divided by a zone boundary, the following rules shall apply:
1.
When a lot contains both residential and nonresidential zoning, the zone boundary between the zones shall be considered a lot line for determining permitted building height and required setbacks on the site.
2.
When a lot contains residential zones of varying density, the following shall apply:
a.
The maximum number of principal dwelling units on a lot shall be rounded as an aggregate number as demonstrated in the following example:
Example 1 – An 8,000-square-foot lot zoned NR3 zone and NR2 zone; NR3 portion of the site: 3,000 square feet; NR2 portion of the site: 5,000 square feet.
Calculation: (3,000/3,600 = 0.833) + (5,000/1,250 = 4) = 4.833, which rounds up to 5.
Conclusion: The maximum number of principal dwelling units for this site would be five dwelling units.
(Ord. 238 Ch. V § 1(B-1), 2000; Ord. 266 § 1, 2001; Ord. 293 §§ 1,2, 2001; Ord. 299 § 1, 2002; Ord. 352 § 1, 2004; Ord. 439 § 1, 2006; Ord. 462 § 1, 2006; Ord. 500 § 1, 2008; Ord. 531 § 1 (Exh. 1), 2009; Ord. 536 § 1, 2009; Ord. 560 § 4 (Exh. A), 2009; Ord. 654 § 1 (Exh. 1), 2013; Ord. 682 § 1 (Exh. A), 2014; Ord. 695 § 1 (Exh. A), 2014; Ord. 706 § 1 (Exh. A), 2015; Ord. 731 § 1 (Exh. A), 2015; Ord. 756 § 1 (Exh. A), 2016; Ord. 767 § 1 (Exh. A), 2017; Ord. 789 § 1 (Exh. A), 2018; Ord. 833 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. A), 2019; Ord. 871 § 1 (Exh. A), 2020; Ord. 901 § 1 (Exh. A), 2020; Ord. 907 § 1 (Exhs. A – C), 2020; Ord. 930 § 1 (Exh. A-1), 2021; Ord. 968 § 1 (Exh. A), 2022; Ord. 984 § 1 (Exh. A), 2023; Ord. 1000 § 1 (Exh. A), 2023; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.50.021 Transition areas.
Development in commercial zones NB, CB, MB and TC-1, 2 and 3, abutting or directly across street rights-of-way from residential dwellings in NR3 or NR2 zones shall minimally meet the following transition area requirements:
A.
From abutting property, a 35-foot maximum building height for 25 feet horizontally from the required setback, then an additional 10 feet in height for the next 10 feet horizontally, and an additional 10 feet in height for each additional 10 horizontal feet up to the maximum height of the zone. From across street rights-of-way, a 35-foot maximum building height for 10 feet horizontally from the required building setback, then an additional 10 feet of height for the next 10 feet horizontally, and an additional 10 feet in height for each additional 10 horizontal feet, up to the maximum height allowed in the zone.
B.
Type I landscaping (SMC § 20.50.460), significant tree preservation, and a solid, eight-foot, property line fence shall be required for transition area setbacks abutting NR3 or NR2 zones developed with residential dwellings. Twenty percent of significant trees that are healthy without increasing the building setback shall be protected per SMC § 20.50.370. The landscape area shall be a recorded easement that requires plant replacement as needed to meet Type I land-scaping and required significant trees. Utility easements parallel to the required landscape area shall not encroach into the landscape area. Type II landscaping shall be required for transition area setbacks abutting rights-of-way directly across from NR3 or NR2 zones developed with residential dwellings. Required tree species shall be selected to grow a minimum height of 50 feet.
C.
All vehicular access to proposed development in nonresidential zones shall be from arterial classified streets, unless determined by the Director of Public Works to be technically not feasible or in conflict with State law addressing access to State highways. All developments in commercial zones shall conduct a transportation impact analysis per the Engineering Development Manual. Developments that create additional traffic that is projected to use nonarterial streets may be required to install appropriate traffic-calming measures. These additional measures will be identified and approved by the City’s Traffic Engineer.
D.
For development within the Aurora Square Community Renewal Area, maximum building height of 35 feet within the first 10 feet horizontally from the front yard setback line. No additional upper-story setback required.
(Ord. 560 § 1 (Exh. A), 2009; Ord. 609 § 10, 2011; Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017; Ord. 789 § 1 (Exh. A), 2018; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.030 Lot width and lot area – Measurements.
A.
Lot width shall be measured by scaling a circle within the boundaries of the lot; provided, that any easement shall not be included within the circle.
 Figure 20.50.030(A): Lot width measurement example. |
B.
The lot area is the total horizontal land area contained within the boundaries of the lot. The minimum lot area is required to qualify as a building site.
(Ord. 238 Ch. V § 1(B-2), 2000; Ord. 581 § 1 (Exh. 1), 2010)
§ 20.50.040 Setbacks – Designation and measurement.
A.
The front yard setback is a required distance between the front property line to a building line (line parallel to the front line), measured across the full width of the lot.
Front yard setback on irregular lots or on interior lots fronting on a dead-end private access road shall be designated by the Director.
B.
Each lot must contain only one front yard setback and one rear yard setback except lots abutting two or more streets, as illustrated in Figure 20.50.040(C). Lots with two front yards may reduce one of the front yard setbacks by half the setback specified in Table 20.50.020(1). The Director will determine the reduced front yard setback based on the development pattern of adjacent houses and location of lot access.
C.
The rear and side yard setbacks shall be defined in relation to the designated front yard setback.
 Figure 20.50.040(C): Examples of lots and required yards. |
D.
The rear yard setback is a required distance from the rear lot line to a line parallel to and measured perpendicularly from the rear lot line. (Rear lot line is the line opposite and/or most distant from the front line.)
E.
The side yard setback is a distance measured from any side lot line to a line parallel to that line and that extends from the front yard setback line to the rear yard, front yard (on corner lots), or another side yard setback line.
F.
Allowance for Optional Aggregate Setback. For lots with unusual geometry, flag lots with undesignated setbacks, or site conditions, such as critical areas, an existing cluster of significant trees, or other unique natural or historic features that should be preserved without disturbance, the City may reduce the individual required setbacks; however, the total of setbacks shall be no less than the sum of the minimum front yard, rear yard, and side yards setbacks. In order to exercise this option, the City must determine that a public benefit is gained by relaxing any setback standard. The following criteria shall apply:
1.
No rear or side yard setback shall be less than five feet.
G.
Setbacks – Adjoining Half-Street or Designated Arterial.
1.
In addition to providing the required yard setback, a lot adjoining a half-street or designated arterial shall provide additional width of yard setback sufficient to accommodate construction of the planned half-street or arterial.
H.
Setbacks from Regional Utility Corridors.
1.
In subdivisions and short subdivisions, areas used as regional utility corridors shall be contained in separate tracts.
2.
In other types of land development permits, easements shall be used to delineate such corridors.
3.
All buildings and structures shall maintain a minimum distance of five feet from property or easement lines delineating the boundary of regional utility corridors, except for utility structures necessary to the operation of the utility corridor.
I.
Projections Into Setback.
1.
Projections may extend into required yard setbacks as follows, except that no projections shall be allowed into any five-foot yard setback except:
a.
Gutters;
b.
Fixtures not exceeding three square feet in area (e.g., overflow pipes for sprinkler and hot water tanks, gas and electric meters, alarm systems, and air duct termination; i.e., dryer, bathroom, and kitchens); or
c.
On-site drainage systems.
d.
Where allowed by the International Building Code and International Fire Code minimum fire separation distance requirements, required yard setback distance from adjacent property lines may be decreased by a maximum of four inches for the sole purpose of adding insulation to the exterior of the existing building structural frame. Existing buildings not conforming to development standards shall not extend into required yard setback more than what would be allowed for a conforming structure under this exception.
e.
Rain barrels, cisterns and other rainwater catchment systems may extend into a required yard setback according to the following:
i.
Cisterns, rain barrels or other rainwater catchment systems no greater than 600 gallons shall be allowed to encroach into a required yard setback if each cistern is less than four feet wide and less than four and one-half feet tall excluding piping.
ii.
Cisterns or rainwater catchment systems larger than 600 gallons may be permitted in required yard setbacks provided that they do not exceed 10 percent coverage in any required yard setback, and they are not located closer than two and one-half feet from a side or rear lot line, or 15 feet from the front lot line. If located in a front yard setback, materials and design must be compatible with the architectural style of the building which it serves, or otherwise adequately screened, as determined by the Director.
iii.
Cisterns may not impede requirements for lighting, open space, fire protection or egress.
2.
Fireplace structures, bay or garden windows, balconies (including Juliet balconies), enclosed stair landings, closets, or similar structures may project into required setbacks, except into any five-foot yard required setback, provided such projections are:
a.
Limited to two per facade;
b.
Not wider than 10 feet;
c.
Not more than 24 inches into a side yard setback; or
d.
Not more than 30 inches into a front and rear yard setback.
3.
Eaves shall not project:
a.
More than 18 inches into a required five-foot setback;
b.
More than 36 inches into front and rear yard required setbacks.
Exception SMC § 20.50.040(I)(3): When adjoining a legal, nonconforming eave, a new eave may project up to 20 percent into the required setback or may match the extent of the legal, nonconforming eave, whichever is less. Single-family attached and mixed single-family attached developments subject to Subchapter 3 may have eaves encroach up to 18 inches into a required five-foot setback.
4.
Uncovered porches and decks not exceeding 18 inches above the finished grade may project to the front, rear, and side property lines.
5.
Uncovered porches and decks, which exceed 18 inches above the finished grade, may project five feet into the required front, rear and side yard setbacks but not within five feet of a property line.
6.
Entrances with covered but unenclosed porches may project up to 60 square feet into the front and rear yard setback, but shall not be allowed into any five-foot yard setback.
7.
For the purpose of retrofitting an existing residence, uncovered building stairs or ramps no more than 44 inches wide may project to the property line subject to right-of-way sight distance requirements.
8.
Landscape structures are allowed in required yard setbacks if they meet the following provisions:
a.
No more than a 40-square-foot footprint, including eaves;
b.
A maximum height of eight feet;
c.
All sides shall be at least 50 percent open, or, if latticework is used, there shall be a minimum opening of two inches between crosspieces;
d.
Vegetation supported by a landscape structure may grow over the maximum height, subject to the sight clearance provisions in the Engineering Development Manual.
9.
No projections are allowed into a regional utility corridor.
10.
No projections are allowed into an access easement.
11.
No accessory structure shall be located within any required setback except as follows:
a.
One uninhabited freestanding structure less than 10 feet high and 200 square feet in footprint area, such as a storage shed or greenhouse, may be located within the required rear or side yard setback. This structure shall retain a fire separation distance as specified in adopted building and fire codes.
b.
If the accessory structure, which is less than 200 square feet in footprint and less than 10 feet high, is located in the side yard, such structure shall be set back at least five feet further than the principal building from any street.
 Figure SMC § 20.50.040(I)(11)(b): Permitted location of small accessory structure in side yard. |
(Ord. 238 Ch. V § 1(B-3), 2000; Ord. 299 § 1, 2002; Ord. 352 § 1, 2004; Ord. 469 § 1, 2007; Ord. 515 § 1, 2008; Ord. 581 § 1 (Exh. 1), 2010; Ord. 663 § 1 (Exh. 1), 2013; Ord. 724 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017; Ord. 789 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. A), 2019; Ord. 871 § 1 (Exh. A), 2020; Ord. 907 § 1 (Exh. B), 2020; Ord. 959 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.050 Building height – Standards.
The base height for all structures shall be measured from the average existing grade to the highest point of the roof. The average existing grade shall be determined by first delineating the smallest rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the rectangle; provided, that the measured elevations do not include berms.
  Figure 20.50.050(A): Building Height and Average Existing Grade Measurements |
Exception 20.50.050(1): The ridge of a pitched roof on a building may extend as follows: | |
a. | In NR3 zone up to 28 feet; provided, that all parts of the roof above 23 feet must be pitched at a rate of not less than three to 12. |
b. | In NR2 zones up to 35 feet; provided, that all parts of the roof above 30 feet must be pitched at a rate of not less than three to 12. |
Exception 20.50.050(2): The ridge of a pitched roof on the building in the NR1 zone may extend up to 40 feet; provided, that all parts of the roof above 35 feet must be pitched at a rate of not less than four to 12. | |
Exception 20.50.050(3): The following structures may be erected above the height limits in residential zones: | |
• | Roof structures housing or screening elevators, stairways, tanks, ventilating fans, or similar equipment required for building operation and maintenance; |
• | Renewable energy systems such as solar collectors and small scale wind generators are allowed an additional 15 feet above the height limit of the zone when camouflaged to the greatest extent possible; |
• | Fire or parapet walls, skylights, flagpoles, chimneys, and utility line towers and poles; and |
• | Steeples, crosses, and spires when integrated as an architectural element of a building. |
• | The maximum allowable roof height may be increased by eight inches, only for the purpose of adding insulation to the exterior of the existing building structural frame. Existing buildings not conforming to development standards shall not exceed the maximum allowable height limit by more than what would be allowed for a conforming structure under this exception. The Director may prohibit additional roof height encroachments in view-sensitive areas. |
(Ord. 238 Ch. V § 1(B-4), 2000; Ord. 352 § 1, 2004; Ord. 663 § 1 (Exh. 1), 2013; Ord. 669 § 1 (Exh. A), 2013; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.060 Purpose.
The purpose of this subchapter is to establish standards for development, in the neighborhood residential 1, 2, and 3 zones. Building form is controlled by a combination of building height, setbacks, lot coverage, and parking requirements. Development in neighborhood residential zones shall meet the design standards contained in this subchapter. The purposes of this subchapter are as follows:
A.
To encourage development of attractive residential dwellings that create transitions between lower intensity zones to higher intensity zones through building height and dwelling types.
B.
To enhance the aesthetic appeal of residential and commercial buildings by encouraging high quality, creative and innovative site and building design.
C.
To allow for a wide range of dwelling types.
D.
To provide safe building and site layout between buildings, parking areas, common areas, building entries, and walkways.
E.
To provide flexibility in site design to encourage preservation of significant trees, to provide habitat for wildlife, and to provide usable outdoor spaces for the enjoyment and health of residents.
F.
Deemphasize garages, driveways, and utility and mechanical equipment as major visual elements along the street and limit the amount of hardscape devoted to vehicles.
G.
Establish standards for adequate solid waste storage and staging as the city grows.
H.
To allow for limited commercial uses within neighborhood residential zones.
(Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.070 Administrative design review.
Administrative design review approval under SMC § 20.30.297 is required for development applications that propose departures from any section of this subchapter.
(Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.080 Site design standards.
A.
Applicability.
1.
These standards apply to development in neighborhood residential zones and include some specific requirements for cottage housing and courtyard apartments which apply to only those types of development.
2.
For exterior alterations or expansions of existing development, only those portions of the development that are new or altered must meet the standards in this section.
B.
Pedestrian Access. An on-site pedestrian pathway at least three feet wide shall be required between the primary entryway of each building, excluding accessory buildings not containing dwelling units, and the sidewalk or right-of-way, or on-site driveway, if provided.
C.
Minimum Usable Outdoor Space. Outdoor space shall be provided at a minimum of 250 square feet per principal dwelling unit on a lot (excluding ADUs). This may include a combination of private and common outdoor spaces.
1.
Parking areas and vehicular areas do not qualify as outdoor space.
2.
Outdoor spaces shall not be located adjacent to solid waste storage or staging areas.
3.
Outdoor spaces shall be designed and located to protect existing stands of trees.
a.
The dripline of on-site significant trees greater than 24 inches DBH can count as usable outdoor space area on a per-square-foot basis and is not subject to minimum area or dimension standards.
4.
Private Outdoor Space.
a.
No single outdoor space to be counted as part of this requirement shall be less than 50 square feet with no dimension less than six lineal feet.
b.
The private outdoor space shall be directly accessible from the associated unit.
 SMC § 20.50.080(C)(4) |
5.
Common Outdoor Space.
a.
No single outdoor space to be counted as part of this requirement shall be less than 250 square feet with no dimension less than 10 lineal feet.
b.
The common outdoor space shall be accessible to all residents of the development.
c.
Additional common outdoor space standards for courtyard apartments in subsection G of this section apply to those types of developments. In the event of a conflict, the standards in subsection G of this section apply.
d.
Additional common outdoor space standards for cottage housing developments in subsection H of this section apply to those types of developments. In the event of a conflict, the standards in subsection H of this section apply.
 SMC § 20.50.080(C)(5) |
D.
Vehicle Access, Parking and Circulation.
1.
Parking areas, including garages, driveways and surface parking shall not be located between a building and a street, except when:
a.
The combined width of all garages, driveways and surface parking areas in front of a building does not exceed a total of 50 percent of the front lot line; or
b.
The garage, driveway or surface parking area is screened from the street by a building, a continuous solid landscaping screen, or a continuous solid fence or wall at least three feet in height; or
c.
The garage, driveway or surface parking area is more than 60 feet from the public right-of-way.
 SMC § 20.50.080(D)(1)(a) Garage width |
 SMC § 20.50.080(D)(1)(b) Garage behind building |
 SMC § 20.50.080(D)(1)(c) Garage 60 feet from right-of-way |
E.
Storage Space and Staging Area for the Collection of Solid Waste.
1.
Developments with nine or fewer units shall comply with one of the following options for providing solid waste storage and staging areas:
a.
If the storage space is provided in a garage belonging to an individual unit, the storage space shall be its own dedicated area.
b.
Staging areas for solid waste collection shall comply with one of the following:
i.
Solid waste bins shall be placed in the amenity zone if there is adequate area and placement does not conflict with above-grade infrastructure or services, including, but not limited to, fire hydrants, electrical poles, mailboxes, and street trees; or
ii.
Solid waste bins shall be placed within the front setback, provided the area needed to accommodate the bins does not preclude compliance with other codes and standards; or
iii.
Solid waste bins shall be placed along one side of the access drive, provided placement does not interfere with vehicular access and circulation, and the City’s solid waste purveyor provides written confirmation it will service the location of the bins;
c.
If the storage space and staging area are provided in a common indoor trash room or rooms or a common outdoor enclosure or enclosures, it shall comply with all the following:
i.
Access to and maintenance of the trash room(s) or enclosure(s), and financial responsibility, shall be addressed in a covenants, conditions and restrictions document to be recorded prior to development permit issuance;
ii.
The City’s solid waste purveyor provides written confirmation it will service the location of the trash room(s) or enclosure(s); and
d.
If the storage space is provided in an outdoor enclosure or enclosure(s), it shall be completely screened from pedestrian view from the public right(s)-of-way by a solid enclosure such as a fence or wall, or dense landscaping.
2.
Developments with 10 or more units shall comply with one of the following options for providing solid waste storage space and a staging area:
a.
If the storage space is provided in a garage belonging to an individual unit, the storage space shall be its own dedicated area.
b.
Staging areas shall abut vehicle access drives, but shall not obstruct vehicle circulation, and shall comply with one of the following:
i.
The vehicle access shall not dead-end, but provide a through connection to a public right-of-way; or
ii.
The site shall contain a turnaround that meets the standard detail required by the Public Works Director.
c.
If the storage space and staging area is provided in a common indoor trash room or room(s), or in a common outdoor enclosure or enclosure(s), it shall comply with the following:
i.
Access to and maintenance of the trash room(s) or enclosure(s), and billing, shall be addressed in a covenants, conditions and restrictions document to be recorded prior to development permit issuance; and
ii.
The City’s solid waste purveyor provides written confirmation it will service the location of the trash room(s) or enclosure(s); and
iii.
If the storage space is provided in an outdoor enclosure or enclosure(s), it shall be completely screened.
3.
Nonresidential uses must have a solid waste storage and staging plan approved by the solid waste provider and City Public Works Department.
F.
Utility and Mechanical Equipment. Utility and mechanical equipment shall be located and designed to minimize visibility by the public. Preferred locations are abutting alleys, access drives, within, atop, or under buildings, underground, or other locations away from the public right-of-way. If visible from the street the equipment shall be screened from view with landscaping, fencing or other methods.
G.
Courtyard Apartments.
1.
Common Outdoor Space. Common outdoor space shall serve as a focal point for the development, be landscaped, and provide usable outdoor space for recreation and community activities for the development. Common outdoor spaces may be comprised of lawns, gardens, plazas, trees, or similar features.
a.
At least one outdoor common outdoor space is required for a courtyard apartment and shall be located and made accessible to all residents of the courtyard apartment development.
b.
Common outdoor space shall be bordered by dwelling units on two or three sides.
c.
Common outdoor space shall be a minimum dimension of 20 feet on any side.
d.
Parking areas and vehicular areas do not qualify as common outdoor space.
H.
Cottage Housing Developments.
1.
Outdoor Space. Outdoor space shall be provided equal to a minimum of 20 percent of the lot size. This may include common outdoor space, private outdoor space, setbacks, critical areas, and other outdoor spaces.
2.
Common Outdoor Space. Common outdoor space shall serve as a focal point for the development, be landscaped, and provide usable outdoor space for recreation and community activities for the development. Common outdoor spaces may be comprised of lawns, gardens, plazas, trees, or similar features. Common outdoor spaces shall comply with all of the following:
a.
At least one common outdoor space is required for a cottage development and shall be located and made accessible to all residents of the cottage housing development.
b.
Each unit shall have a three-foot-wide pedestrian pathway to the common outdoor space.
c.
A cottage housing development shall provide a minimum of 250 square feet of common outdoor space per cottage. Common outdoor space shall be a minimum dimension of 20 feet on any side.
i.
For developments with a minimum of eight cottages, common outdoor space is permitted to be separated into smaller areas, subject to the following:
1.
Total common outdoor space and dimensional requirements of this subchapter are satisfied. A separate common area is permitted for every four cottages. There shall be a primary common outdoor space that comprises a minimum of 60 percent of the total common outdoor space area.
 Figure 20.50.080(H)(2)(c): Cottage Outdoor Space Sample Layout |
d.
Common outdoor space areas shall be a maximum of 60 percent lawn area.
e.
A minimum of 10 percent of the common outdoor space area shall be dedicated as pollinator habitat.
3.
Community Buildings.
a.
If provided, a cottage housing development shall contain no more than one community building.
b.
Community buildings shall be on site and permanently affixed.
c.
Community buildings shall be consistent with the architectural design of the development.
d.
Community buildings shall not exceed 1,000 square feet in gross floor area and 15 feet in height.
e.
Enclosed community buildings may not be counted towards the area requirements for common outdoor space.
I.
Accessory Structures.
1.
Prohibited Structures. Shipping containers are prohibited within any parcel.
(Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.50.090 Building design standards.
A.
Applicability.
1.
These standards apply to all residential and neighborhood commercial development in the neighborhood residential zones and include some specific requirements for cottage housing and courtyard apartments which apply to only those types of development.
2.
For exterior alterations or expansions of existing development, only those portions of the development that are new or altered must meet the standards in this section, with the exception of fenestration standards in SMC § 20.50.090(C)(1) and (C)(2).
3.
These standards do not apply to buildings that are separated from the right-of-way by another building or are located more than 60 feet from a public right-of-way.
B.
Building Entries.
1.
Each building shall incorporate a primary entry, or one or more private unit entries that face the public right-of-way.
a.
A building with frontage on multiple public rights-of-way is only required to have the primary entry oriented towards one public right-of-way.
2.
Each entry shall feature minimum weather protection (e.g., overhang, porch, canopy) of three feet by three feet.
 SMC § 20.50.090(B) Building Entries |
3.
Additional building entry orientation for courtyard apartments in subsection E of this section apply to those types of developments. In the event of a conflict, the standards in subsection E of this section apply.
4.
Additional building entry orientation and entryway weather protection standards for cottage housing developments in subsection F of this section apply to those types of developments. In the event of a conflict, the standards in subsection F of this section apply.
C.
Fenestration.
1.
The building facade with a primary entry facing a public right-of-way shall consist of at least 30 percent fenestration.
2.
Facades without a primary entry facing a public right-of-way shall consist of at least 15 percent fenestration.
3.
Blank walls on street facing building facades greater than 20 feet in length, width and height are prohibited.
 SMC § 20.50.090(C) Fenestration |
D.
Building Massing, Modulation, and Articulation.
1.
Buildings subject to design standards of this section that are over 50 linear feet wide or over 35 feet in height shall incorporate variation by using at least three of the following elements on the front facade:
a.
Variation in the setback of the facade of the building by at least four feet between adjoining units or every 30 feet.
b.
Diminishing upper floors (gross floor area of top story is smaller than the gross floor area of the lower stories). To meet this requirement, the building shall be stepped back a minimum of two feet with a minimum width of eight feet. Balconies that are covered but not fully enclosed and meet the minimum dimensions to count as outdoor space shall be considered a diminished upper floor.
c.
Changes in roofline at intervals not greater than 40 feet in continuous length, such as variations in roof pitch, overhangs, projections, or extended eaves.
d.
Balconies (excluding Juliet balconies) on the facade of the building that have a minimum depth of six feet between the building wall and the balcony railing.
e.
No garage doors or carport entries visible from a public right-of-way.
f.
A facade with at least 40 percent fenestration.
g.
A covered porch at least 50 square feet in size.
h.
Other variation techniques that meet the purpose of the section as approved by the Director.
E.
Courtyard Apartments.
1.
Building Orientation.
a.
Courtyard apartment unit entries shall face a common outdoor space or a public right-of-way.
F.
Cottage Housing Development.
1.
Building Orientation.
a.
Cottage unit entries shall face a common outdoor space or a public right-of-way.
b.
Site layout shall ensure privacy between cottages. Cottage orientations, window locations, landscaping, and staggering cottages are examples of strategies that support privacy.
2.
Building Size.
a.
The gross floor area for a cottage shall be a maximum of 1,500 square feet.
3.
Entries.
a.
All cottages shall feature a covered front porch which equals no less than 10 percent of the total gross floor area of the cottage.
b.
All required porches shall be attached to the cottage, and provide access to the cottage, with no dimension less than six lineal feet.
c.
Porches meeting or exceeding these dimensions may count towards the overall 20 percent outdoor space requirement of cottage housing developments.
i.
Departures from these cottage entry standards may be granted per SMC § 20.30.297 but will then no longer count towards the minimum 20 percent outdoor space requirement.
(Ord. 1027 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.50.110 Fences and walls – Standards.
A.
The maximum height of fences located along a property line shall be six feet, subject to the sight clearance provisions in the Engineering Development Manual. (Note: The recommended maximum height of fences and walls located between the front yard building setback line and the front property line is three feet, six inches high.)
B.
All electric, razor wire, and barbed wire fences are prohibited.
C.
The height of a fence located on a retaining wall shall be measured from the finished grade at the top of the wall to the top of the fence. The overall height of the fence located on the wall shall be a maximum of six feet.
(Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.115 Outdoor lighting standards.
A.
Light Trespass Standard. Outdoor lighting fixtures shall be non-glare and shielded to minimize direct illumination of abutting properties and adjacent streets. Light fixtures shall be located, aimed or shielded so as to minimize stray light trespassing to adjacent properties and buildings. The light source (lamp or bulb) in a fixture must be shielded such that the light source is not directly visible from other properties or the public right-of-way.
B.
Prohibited Lighting. The following types of lighting are prohibited:
1.
Outdoor floodlighting by floodlight projection above the horizontal plane.
2.
Search lights, laser source lights, or any similar high intensity light.
3.
Flashing, blinking, rotating or strobe light illumination device located on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot or parcel.
Exemptions: | ||
1. | Lighting required for emergency response by police, fire, or medical personnel (vehicle lights and accident/crime scene lighting). | |
2. | Lighting in swimming pools and other water features governed by Article 680 of the National Electrical Code. | |
3. | Signs and sign lighting regulated by Subchapter 8 of this chapter. | |
4. | Holiday and event lighting (except for outdoor searchlights and strobes). | |
5. | Sports and field lighting. | |
6. | Lighting triggered by an automatic emergency or security alarm system. | |
 Examples of Fixtures |
(Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.116 Neighborhood commercial.
The purpose of this section is to allow limited neighborhood-scaled commercial uses in the Neigh-borhood Residential 1, 2, and 3 zones.
A.
Criteria. The criteria for neighborhood commercial development in the Neighborhood Commercial zones is listed below:
Table 20.50.116(1) – Neighborhood Commercial Standards | |||
|---|---|---|---|
Zone | Neighborhood Residential 3 | Neighborhood Residential 2 | Neighborhood Residential 1 |
Allowed Uses | • Eating and drinking establishments (no drive-through businesses) • Market/grocery store (no fuel sales) • Hardware sales • Personal services • Professional offices • Brewpub | • Eating and drinking establishments (no drive-through businesses) • Market/grocery store (no fuel sales) • Hardware sales • Personal services • Professional offices • Brewpub | • Eating and drinking establishments (no drive-through businesses) • All uses allowed in the neighborhood and community business zones as required by SMC §§ 20.40.130 and 20.40.140 |
Location | Must not be located on a dead-end street or cul-de-sac Businesses engaging in sale of goods in NR2 and NR3 are required to front on a public right-of-way | ||
Permitted Commercial Area | Not to exceed 1,200 square feet unless an existing building is utilized up to a maximum of 2,000 square feet | Not to exceed 1,200 square feet unless an existing building is utilized up to a maximum of 2,000 square feet | No maximum |
Expansion of Existing Structure | No expansion allowed | Yes | Yes |
Site Improvements | Type I landscaping shall be installed between parking spaces and/or drive aisles and abutting residential uses. If no room exists to provide a landscape buffer, then an opaque fence or wall can be provided as a buffer. Building or site lighting shall be shielded to prevent direct light from entering neighboring property. | ||
(Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.50.120 Purpose.
The purpose of this subchapter is to establish standards for single-family attached and mixed single-family attached development, excluding lots proposing one duplex building when one unit is located over the other unit, in all zones except NR3, NR2, and NR1 and neighborhood business (NB). All mixed single-family developments shall meet the design standards contained in this subchapter. Standards that are not addressed in this subchapter will be supplemented by the standards in the remainder of Chapter 20.50 SMC. In the event of a conflict, the standards of this subchapter shall prevail. The purposes of this subchapter are as follows:
A.
To encourage development of attractive residential areas that are compatible when considered within the context of the surrounding area.
B.
To enhance the aesthetic appeal of new single-family attached buildings by encouraging high quality, creative and innovative site and building design.
C.
To meet the recreation needs of project residents by providing open spaces within the project site.
D.
To provide safe routes for pedestrians to onsite vehicle parking, building entries, and between buildings.
E.
To emphasize quality building articulation, detailing, and durable materials, which add visual interest for pedestrians.
F.
Encourage coordinated and functional elements of development, including buildings, landscaping, parking, site access and circulation, and outdoor space.
(Ord. 238 Ch. V § 3(A), 2000; Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 756 § 1 (Exh. A), 2016; Ord. 850 § 1 (Exh. A), 2019; Ord. 871 § 1 (Exh. A), 2020; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.130 Administrative design review.
Administrative design review approval under SMC § 20.30.297 is required for all development applications that propose departures from the design standards contained in this subchapter.
(Formerly 20.50.122. Ord. 850 § 1 (Exh. A), 2019; Ord. 871 § 1 (Exh. A), 2020)
§ 20.50.140 Thresholds – Required site improvements.
The purpose of this section is to determine how and when the provisions for full site improvement standards apply to a development application for single-family attached development and mixed single-family attached development. Full site improvement standards for signs, parking, lighting and landscaping shall be required:
A.
When building construction valuation for a permit exceeds 50 percent of the current County assessed or an appraised valuation of all existing land and structure(s) on the parcel. This shall include all structures on other parcels if the building under permit review extends into other parcels; or
B.
When aggregate building construction valuations for issued permits, within any cumulative five-year period, exceed 50 percent of the County assessed or an appraised value of the existing land and structure(s) at the time of the first issued permit.
(Formerly 20.50.125. Ord. 299 § 1, 2002; Ord. 515 § 1, 2008; Ord. 581 § 1 (Exh. 1), 2010; Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 756 § 1 (Exh. A), 2016; Ord. 871 § 1 (Exh. A), 2020)
§ 20.50.150 Overlapping standards.
Site design standards for on-site landscaping, walkways, public access easements, and outdoor space may be overlapped if their separate, minimum dimensions and functions are not diminished.
(Ord. 871 § 1 (Exh. A), 2020)
§ 20.50.160 Site design – Standards.
A.
Repealed by Ord. 1027.
B.
Parking.
1.
For units with individual garages, at least 20 linear feet of driveway shall be provided between any garage entrance and the property line abutting the public right-of-way, measured along the centerline of the driveway.
 Minimum Linear Distance Illustration |
2.
Surface parking shall be located behind or to the side of buildings.
 Surface Parking Illustration |
3.
Carports are prohibited.
C.
Site Configuration. At least 40 percent of units within a site shall be located between the front property line and a 25-foot distance from the front property line, with the front facade of the unit(s) oriented towards the public right-of-way, to create a “street wall” which enhances the streetscape and overall pedestrian experience.
 Site Configuration Illustration |
D.
Site Access and Circulation.
1.
Vehicle access requirements are contained in the Engineering Development Manual.
2.
On lots with dead-end access drives with a length of 150 feet or greater, measured from the face of curb to the end of the access drive pavement, a turnaround facility shall be provided that meets the standard detail contained in the Engineering Development Manual or, if no standard is provided, the standard detail required by the Public Works Director.
 Dead-End Access Drive Illustration 1: Access drive is less than 150 feet, so a turnaround facility is not required. |
 Dead-End Access Drive Illustration 2: Access drive is more than 150 feet, so a turnaround facility is required. |
3.
If adjoining lots are being developed concurrently, and are under the same ownership, vehicle access points shall be consolidated. This requirement shall not apply to lots that do not have frontage on the same public right-of-way.
 Consolidated Vehicle Access Illustration |
4.
Each unit shall have on-site pedestrian access to a public sidewalk, and common outdoor space and common parking areas, if provided. For buildings that do not front on the public right(s)-of-way, this requirement shall be considered met if pedestrian access is provided from a public sidewalk to the building(s).
5.
On-site pedestrian access shall comply with one of the following:
a.
On-site pedestrian access shall be separated from vehicular circulation and a minimum of four feet wide. Separated from vehicular circulation means (i) there is at least five linear feet of landscaping between the closest edge of the vehicular circulation area and closest edge of the pedestrian access or (ii) separation by a building. For buildings that do not front on the public right(s)-of-way, this requirement shall be con-sidered met if pedestrian access is provided from a public sidewalk to the building(s); or
b.
Pedestrian access shall be provided through shared-space with on-site vehicle circulation that complies with the following to clearly communicate to all users it is sharedspace:
i.
Traffic calming elements shall be located on both sides of the shared-space circulation and spaced no more than 25 feet apart. The shared-space circulation shall have at least one of the following elements: trees that meet the minimum replacement tree size per SMC § 20.50.360; raised planters a minimum height of three feet and depth and width of two feet; decorative bollards a minimum height of three feet; or any other element the Director determines accomplishes the purpose;
ii.
The entire shared-space circulation area shall be constructed with decorative concrete, paving blocks, bricks, or other ornamental paving treatments to clearly indicate the entire surface is intended for pedestrians as well as vehicles;
iii.
The shared-space shall relate to the building(s) by having elements that allow for informal surveillance, including doors, windows, porches, stoops and balconies oriented towards the shared circulation space; and
iv.
The shared-space circulation shall not result in a dead-end when abutting two or more public rights-of-way. It shall provide through access from one public right-of-way to a second public right-of-way.
 Building Relationship to Shared-Space Image |
 |
 Site Access and Circulation Illustrations |
E.
Storage Space and Staging Area for the Collection of Solid Waste.
1.
Developments with nine or fewer units shall comply with one of the following options for providing solid waste storage space and staging area:
a.
If the storage space is provided in individual unit garages, the space shall be its own dedicated area, and staging areas shall comply with one of the following:
i.
Solid waste bins shall be placed in the amenity zone if there is adequate area and placement does not conflict with above-grade infrastructure or services, including, but not limited to, fire hydrants, electrical poles, mailboxes, and street trees; or
ii.
Solid waste bins shall be placed within the front setback, provided the area needed to accommodate the bins does not preclude compliance with other codes and standards; or
iii.
Solid waste bins shall be placed along one side of the access drive, provided placement does not interfere with vehicular access and circulation, and the City’s solid waste purveyor provides written confirmation it will service the location of the bins.
b.
If the storage space and staging area are provided in a common indoor trash room or room(s) or a common outdoor enclosure or enclosure(s), it shall comply with all the following:
i.
Access to and maintenance of the trash room(s) or enclosure(s), and financial responsibility, shall be addressed in a covenants, conditions and restrictions document to be recorded prior to development permit issuance;
ii.
The City’s solid waste purveyor provides written confirmation it will service the location of the trash room(s); and
iii.
If the storage space is provided in an outdoor enclosure or enclosure(s), it shall be completely screened from pedestrian view from the public right(s)-of-way by a solid enclosure such as a fence or wall, or dense landscaping.
 Solid Waste Storage and Staging Area Illustration 1 |
2.
Developments with 10 or more units shall comply with one of the following options for providing solid waste storage space and a staging area:
a.
If the storage space is provided in the individual unit garages it shall be its own dedicated area. Staging areas shall abut vehicle access drives, but shall not obstruct vehicle circulation, and shall comply with one of the following:
i.
The vehicle access shall not dead-end, but provide a through connection to a public right-of-way; or
ii.
The site shall contain a turnaround that meets the standard detail required by the Public Works Director.
b.
If the storage space and staging area is provided in a common indoor trash room or room(s), or in a common outdoor enclosure or enclosure(s), it shall comply with the following:
i.
Access to and maintenance of the trash room(s) or enclosure(s), and billing, shall be addressed in a covenants, conditions and restrictions document to be recorded prior to development permit issuance; and
ii.
The City’s solid waste purveyor provides written confirmation it will service the location of the trash room(s); and
iii.
If the storage space is provided in an outdoor enclosure or enclosure(s), it shall be completely screened.
 Solid Waste Storage and Staging Area Illustration 2 |
F.
Accessory Structures. Shipping containers are prohibited.
G.
Utility and Mechanical Equipment.
1.
Mechanical and utility equipment shall be located and designed to minimize its visibility by the public. Preferred locations are off alleys; access drives; within, atop, or under buildings; underground; or other locations away from the public right-of-way. Equipment shall not intrude into required pedestrian areas.
2.
Ground-mounted mechanical equipment shall be fully enclosed within an opaque fence or wall, or it shall be screened with dense landscaping from pedestrian view from the public right-of-way. Chain-link fencing with slats is prohibited.
3.
All exterior building-mounted mechanical equipment, with the exception of solar collectors or wind power generating equipment, shall be screened from pedestrian view by integration with the building’s architecture through such elements as parapet walls, false roofs, roof wells, clerestories, equipment rooms, materials and colors.
 |
 Utility and Mechanical Equipment Illustrations |
H.
Outdoor Space. Developments shall comply with all of the following requirements:
1.
Each unit shall have 150 square feet of private outdoor space that complies with all of the following standards:
a.
No single outdoor space to be counted as part of this requirement shall be less than 50 square feet with no dimension less than six lineal feet;
b.
Private outdoor space includes balconies, patios, decks, porches, gardens, or any other outdoor space that meets the purpose of this section, as approved by the Director; and
c.
The private outdoor space shall be directly accessible from the associated unit.
2.
Each development shall provide a minimum of 800 square feet or 50 square feet per unit of common outdoor space, whichever is greater, that complies with all of the following standards:
a.
No dimension shall be less than 10 lineal feet.
b.
Common outdoor space includes rooftop decks, gardens, courtyards, or any other outdoor space that meets the purpose of this section, as approved by the Director.
c.
Required landscaping can be utilized to satisfy the outdoor space requirements if all of the following are provided:
i.
A minimum of one amenity per 200 square feet is provided along the walkway through the garden/landscaped area, including landscape structures, permanently affixed tables and chairs, benches, and/or fountains;
ii.
The landscaped area is connected by a walkway to the rest of the on-site pedestrian walkways; and
iii.
Wayfinding signage is provided leading to the common outdoor space, and identification signage is provided at the entrance(s) to the common outdoor space indicating its use (e.g., “This area is common outdoor space to be used by community residents and guests.”)
d.
The common outdoor space shall be accessible to all residents of the development.
 Open Space Illustration 1 |
 Open Space Illustration 2 |
 Open Space Images |
I.
Facade Landscaping. As required by SMC § 20.50.485, facade landscaping shall be provided on any building facade facing a public right-of-way.
(Formerly 20.50.140, 20.50.150. Ord. 238 Ch. V §§ 3(B-2) 3(B-3), 2000; Ord. 299 § 1, 2002; Ord. 555 § 1 (Exh. 1), 2009; Ord. 706 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. A), 2019; Ord. 871 § 1 (Exh. A), 2020; Ord. 907 § 1 (Exh. B), 2020; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.50.170 Building design – Standards.
A.
Building Orientation.
1.
Each unit with right-of-way frontage shall have its primary entry oriented toward the right-of-way.
 Primary Entry Illustration |
2.
Buildings with frontage on multiple public rights-of-way are only required to have the primary entry oriented towards one public right-of-way. Which right-of-way the entry shall be oriented towards shall be determined by the Director. The Director shall take into consideration site-specific and project-specific factors such as right-of-way classification, lot orientation and site configuration in making this determination.
B.
Building Modulation, Massing and Articulation.
1.
Each unit shall have a covered entry or porch with weather protection at least 20 square feet with a minimum width of four feet and minimum depth of three feet.
2.
Each building shall incorporate variation by using at least three of the following elements on the front facade:
a.
Variations in the setback of the facade of the building by at least four feet between adjoining units;
b.
Diminishing upper floors (gross floor area of third story is smaller than the gross floor area of the lower stories). To meet this requirement, the building wall shall be stepped back a minimum of two feet with a minimum width of eight feet. Balconies that are covered but not fully enclosed and meet the minimum dimensions specified shall be considered a diminished upper floor;
c.
Changes in roofline at intervals not greater than 40 feet in continuous length, such as variations in roof pitch, overhangs, projections, or extended eaves;
d.
Balconies (excluding Juliet balconies) on the facade of the building that have a minimum depth of six feet between the building wall and the balcony railing; at least 50 percent of the units shall have a balcony;
e.
Garage door entrance(s) for vehicles located at the side or rear of buildings;
f.
Dormers (at least three feet wide); at least 50 percent of the units shall have dormers;
g.
Living green wall minimum of 100 square feet;
h.
A facade with at least 40 percent fenestration and/or landscaping, 50 percent of which shall be fenestration;
i.
Trim that is a minimum of three-quarter inch deep and three and one-half inches wide to mark roof lines, windows, and doors on all public right-of-way facing facades;
j.
Other variation techniques that meet the purpose of the section as approved by the Director.
 Building Modulation, Massing and Articulation Illustration 1 |
 Building Modulation, Massing and Articulation Illustration 2 |
3.
Building Facades. Building facades shall comply with all of the following:
a.
Public right-of-way facing facades shall consist of at least 30 percent fenestration and/or landscaping.
b.
All other facades shall consist of at least 15 percent fenestration and/or landscaping.
c.
The facade area is measured vertically, top to bottom, and horizontally edge-to-edge as illustrated in Illustration 3.
d.
For purposes of calculation, the square footage of landscaping shall be measured at the size it will be at installation, not maturity.
e.
Blank walls (building facade sections without fenestration or covered by landscaping) greater than 20 feet in length are prohibited.
 Building Modulation, Massing and Articulation Illustration 3: Illustration of No Blank Facade. The facade facing the right-of-way measures 650 square feet. The facade depicted has 235 square feet of fenestration and landscaping, which is 36 percent of the facade, meeting the requirement. |
 Building Modulation, Massing and Articulation Images |
4.
Public right-of-way-facing garages shall comply with the following standards:
a.
The maximum combined garage door width facing the public right-of-way shall be 50 percent or less of the total building width. If the solid waste storage space is provided within each individual unit garage, then the width in the garage needed to accommodate this storage shall be excluded from the maximum 50 percent calculation;
b.
The garage(s) shall be recessed a minimum of one foot behind the front facade; and
c.
The access from the public right-of-way shall comply with the requirements of the Engineering Development Manual.
 Public Right-of-Way Facing Garage Illustration |
C.
Building Materials. Materials and colors shall comply with the following:
1.
If multiple materials are used in a building facade, the visually heavier materials shall be located below the lighter materials, e.g., brick or stone shall be located below siding materials, unless they are used as architectural features.
2.
Architectural elements, such as trim, shall be of a color that provides contrast to the surrounding, dominant material color(s).
3.
Insubstantial materials, such as fiberglass, and materials such as mirrored glass and plywood or T-111 siding are prohibited. Uncoated zinc and copper are prohibited.
 Building Materials Images |
(Formerly 20.50.180. Ord. 238 Ch. V § 3(C-1), 2000; Ord. 871 § 1 (Exh. A), 2020)
§ 20.50.180 Outdoor lighting – Standards.
A.
Light Trespass Standard. All light sources, such as a lamp or bulb, shall be shielded within a fixture, and fixtures shall be located, aimed or shielded to prevent direct light trespassing across property lines.
B.
On-site pedestrian pathways shall be illuminated with at least two foot-candles of light.
C.
Building entries shall be illuminated with at least four foot-candles of light.
D.
Prohibited Lighting. The following types of lighting are prohibited:
1.
Outdoor floodlighting by floodlight projection above the horizontal plane;
2.
Search lights, laser source lights, or any similar high intensity light; and
3.
Any flashing, blinking, rotating or strobe light illumination device located on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot.
Exemptions: | ||
1. | Lighting in swimming pools and other water features governed by Section 321 (Lighting) of the International Swimming Pool and Spa Code, or Chapter 246-260 WAC, as applicable. | |
2. | Signs and sign lighting regulated by Chapter 20.50 SMC, Subchapter 8. | |
3. | Holiday and event lighting (except for outdoor searchlights and strobes). | |
4. | Lighting triggered by an automatic emergency or security alarm system. | |
(Formerly 20.50.205. Ord. 663 § 1 (Exh. 1), 2013; Ord. 871 § 1 (Exh. A), 2020)
§ 20.50.190 Fences and walls – Standards.
A.
Front Yard. Fences and walls located within the required minimum front yard setback shall be a maximum of three feet, six inches high and shall be no more than 60 percent opaque.
B.
Side and Rear Yards. The maximum height of fences located along a side and/or rear yard property line shall be six feet.
C.
Fences and walls shall be constructed of wood, wrought iron, brick, stone, or other high quality material. All chain link, electric, razor wire, and barbed wire fences, and other similar types of security fences are prohibited.
D.
The height of a fence located on a retaining wall shall be measured from the finished grade at the top of the wall to the top of the fence. The overall height of the fence located on the wall shall be a maximum of six feet.
(Formerly 20.50.210. Ord. 238 Ch. V § 3(C-4), 2000; Ord. 299 § 1, 2002; Ord. 406 § 1, 2006; Ord. 871 § 1 (Exh. A), 2020)
§ 20.50.220 Purpose.
The purpose of this subchapter is to establish design standards for all commercial zones – neighborhood business (NB), community business (CB), mixed business (MB) and town center (TC-1, 2 and 3). This subchapter also applies to the MUR-35' and the MUR-45' zones for all uses except single-family attached and mixed single-family developments; and the MUR-70' zone, PA 3 and TC-4 zones for commercial and multifamily uses. Refer to SMC § 20.50.120 when developing single-family attached and detached dwellings in the MUR-35' and MUR-45' zones. Some standards within this subchapter apply only to specific types of development and zones as noted. Standards that are not addressed in this subchapter will be supplemented by the standards in the remainder of this chapter. In the event of a conflict, the standards of this subchapter shall prevail.
(Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 756 § 1 (Exh. A), 2016; Ord. 871 § 1 (Exh. A), 2020; Ord. 901 § 1 (Exh. A), 2020; Ord. 959 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.225 Administrative design review.
Administrative design review approval under SMC § 20.30.297 is required for all development applications that propose departures from the design standards in this subchapter or sign standards in Chapter 20.50 SMC, Subchapter 8.
(Ord. 654 § 1 (Exh. 1), 2013; Ord. 871 § 1 (Exh. A), 2020; Ord. 901 § 1 (Exh. A), 2020)
§ 20.50.230 Threshold – Required site improvements.
The purpose of this section is to determine how and when the provisions for site improvements cited in the General Development Standards apply to development proposals. Full site improvement standards apply to a development application in commercial zones NB, CB, MB, TC-1, 2 and 3, and the MUR-70' zone. This subsection also applies in the following zoning districts except for the single-family attached use: MUR-35', MUR-45', PA 3. Full site improvement standards for signs, parking, lighting, and landscaping shall be required:
A.
When building construction valuation for a permit exceeds 50 percent of the current county assessed or an appraised valuation of all existing land and structure(s) on the parcel. This shall include all structures on other parcels if the building under permit review extends into other parcels; or
B.
When aggregate building construction valuations for issued permits, within any cumulative five-year period, exceed 50 percent of the county assessed or an appraised value of the existing land and structure(s) at the time of the first issued permit.
C.
Commercial Adaptive Reuse. When an existing building is proposed to be reused as a commercial use, then site improvements may be waived based on the following conditions:
1.
The following list of uses may qualify to be exempt from the required site improvement thresholds in subsections A and B of this section:
a.
Theater.
b.
Health/fitness club.
c.
Daycare.
d.
Professional office.
e.
Medical office.
f.
Veterinary clinics.
g.
General retail trade and services.
h.
Market.
i.
Eating and drinking establishments.
j.
Brewpub/microbrewery/microdistillery.
k.
Co-living housing.
2.
The proposed use will not cause significant noise to adjacent neighbors.
3.
No expansion of the building is allowed.
4.
No new signs facing abutting residential uses.
5.
Landscape buffers will be installed between parking spaces and/or drive aisles and abutting residential uses. If no room exists to provide a landscape buffer, then an opaque fence or wall can be provided as a buffer.
6.
No building or site lighting shall shine on adjacent properties.
7.
Administrative Design Review. Administrative design review approval under SMC § 20.30.297 is required for all development applications that propose departures from the parking standards in Subchapter 6 of this chapter, landscaping standards in Subchapter 7 of this chapter, or sign standards in Subchapter 8 of this chapter.
(Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 756 § 1 (Exh. A), 2016; Ord. 871 § 1 (Exh. A), 2020; Ord. 901 § 1 (Exh. A), 2020; Ord. 959 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.50.233 Threshold – Required building design. [1]
The purpose of this section is to establish thresholds for the application of building design standards set forth in this chapter to development proposals in multifamily commercial and mixed-use residential zones.
A.
Building design shall be required:
1.
When building construction valuation for a permit exceeds 50 percent of the current county assessed or an appraised valuation of all existing land and structure(s) on the parcel. This shall include all structures on other parcels if the building under permit review extends into other parcels; or
2.
When aggregate building construction valuations for issued permits, within any consecutive five-year period, exceed 50 percent of the county assessed or an appraised value of the existing land and structure(s) at the time of the first issued permit.
(Ord. 907 § 1 (Exh. C), 2020)
[1]
Code reviser’s note: Ordinance No. 907 adds the provisions of this section as 20.50.235. The section has been editorially renumbered to prevent duplication of numbering.
§ 20.50.235 Site planning – Setbacks – Standards.
Repealed by Ord. 1027.
(Ord. 871 § 1 (Exh. A), 2020; Ord. 901 § 1 (Exh. A), 2020)
§ 20.50.240 Site design.
A.
Purpose.
1.
Promote and enhance public walking and gathering with attractive and connected development.
2.
Promote distinctive design features at high visibility street corners.
3.
Provide safe routes for pedestrians and people with disabilities across parking lots, to building entries, and between buildings.
4.
Promote economic development that is consistent with the function and purpose of permitted uses and reflects the vision for commercial development as expressed in the Comprehensive Plan.
B.
Overlapping Standards. Site design standards for on-site landscaping, sidewalks, walkways, public access easements, public places, and open space may be overlapped if their separate, minimum dimensions and functions are not diminished.
C.
Site Frontage.
1.
Development in NB, CB, MB, TC-1, 2 and 3, the MUR-45' and MUR-70' zones regardless of street classification, and development in the MUR-35' zone when located on an arterial street, shall meet the following standards:
a.
Buildings and parking structures shall be placed at the property line or abutting public sidewalks, except when the required minimum front yard setback is greater than zero feet, in which case the building shall be placed at the minimum setback. However, buildings may be set back farther if public places, landscaping and vehicle display areas are included or future right-of-way widening or a utility easement is required between the sidewalk and the building;
b.
All building facades in the MUR-70' zone fronting on any street shall be stepped back a minimum of 10 feet for that portion of the building above 45 feet in height. Reference dimensional Table 20.50.020(2) and exceptions;
c.
For properties not subject to SMC § 20.40.465, the minimum height of ground floor non-residential space abutting streets shall be 15 feet, measured from finished floor to finished floor, the minimum depth shall be 20 feet, and it shall be built to commercial building code. This requirement does not apply when developing a residential-only building in the MUR-35' and MUR-45' zones;
d.
Transparency. Buildings shall comply with the following:
i.
Transparent window area, including glass entry doors, shall occupy a minimum of 60 percent of the ground floor facade as measured between a height of 30 inches and eight feet, where abutting principal, minor, and collector arterials, as mapped in the Transportation Master Plan. This requirement does not apply when developing a residential-only building in the MUR-35' and MUR-45' zones. The following exception applies:
On lots up to 100 feet in width, as measured where the lot abuts the right-of-way, and where no other feasible vehicle access point exists, the width of the vehicle access drive may be excluded from the ground floor facade lineal frontage for the purposes of calculating the 60 percent minimum transparent window area.
ii.
Transparent window area, including glass entry doors, shall occupy a minimum of 45 percent of the ground floor facade as measured between a height of 30 inches and eight feet, where abutting streets not designated as principal, minor, or collector arterials, as mapped in the Transportation Master Plan. This requirement does not apply when developing a residential-only building in the MUR-35' and MUR-45' zones. The following exception applies:
On lots up to 100 feet in width, as measured where the lot abuts the right-of-way, and where no other feasible vehicle access point exists, the width of the vehicle access drive may be excluded from the ground floor facade lineal frontage for the purposes of calculating the 45 percent minimum transparent window area.
e.
A building’s primary entry shall be located on a street frontage and recessed to prevent door swings over sidewalks, or an entry to an interior plaza or courtyard from which building entries are accessible;
f.
Minimum weather protection shall be provided at least five feet in depth, nine-foot height clearance, and along 80 percent of the facade where over pedestrian facilities. Awnings may project into public rights-of-way, subject to city approval;
g.
Streets with on-street parking shall have sidewalks to back of the curb and street trees in pits under grates or at least a two-foot-wide walkway between the back of curb and an amenity strip if space is available. Streets without on-street parking shall have landscaped amenity strips with street trees;
h.
Surface parking along street frontages in commercial zones shall not occupy more than 65 lineal feet of the site frontage. Parking lots shall not be located at street corners. No parking or vehicle circulation is allowed between the rights-of-way and the building front facade. See SMC § 20.50.470 for parking lot landscape standards;
 Parking Lot Locations Along Streets |
i.
New development in MUR zones on 185th Street, 145th Street, and 5th Avenue NE between NE 145th Street and NE 148th Street shall provide all vehicular access from an existing, adjoining public side street or public/private alley. If new development is unable to gain access from an existing, adjoining public side street or public/private alley, an applicant may provide access from the adjacent right-of-way; and
j.
Garages and/or parking areas for new development on 185th Street shall be rearloaded.
D.
Corner Sites.
1.
All building and parking structures located on street corners (except in MUR-35') shall include at least one of the following design treatments on both sides of the corner:
a.
Locate a building within 15 feet of the street corner. All such buildings shall comply with building corner standards in subsection (D)(2) of this section;
b.
Provide a public place at the corner leading directly to building entries;
c.
Install 20 feet of depth of Type II landscaping for the entire length of the required building frontage;
d.
Include a separate, pedestrian structure on the corner that provides weather protection or site entry. The structure may be used for signage.
 Street Corner Sites |
2.
Corner buildings and parking structures using the option in subsection (D)(1)(a) of this section shall provide at least one of the elements listed below to 40 lineal feet of both sides from the corner:
a.
Twenty-foot beveled building corner with entry and 60 percent of the first floor in non-reflective glass (included within the 80 lineal feet of corner treatment).
b.
Distinctive facade (i.e., awnings, materials, offsets) and roofline designs beyond the minimum standards identified in SMC § 20.50.250.
c.
Balconies for residential units on all floors above the ground floor.
 Building Corners |
E.
Internal Site Walkways.
1.
Developments shall include internal walkways or pathways that connect building entries, public places, and parking areas with other nonmotorized facilities including adjacent street sidewalks and Interurban Trail where adjacent (except in the MUR-35' zone).
a.
All development shall provide clear and illuminated pathways between the main building entrance and a public sidewalk. Pathways shall be separated from motor vehicles or raised six inches and be at least eight feet wide. “Separated from motor vehicle traffic” means (i) there are at least three linear feet of landscaping between the closest edge of the vehicular circulation area and closest edge of the pedestrian access or (ii) separation by a building;
b.
Continuous pedestrian walkways shall be provided along the front of all businesses and the entries of multiple commercial buildings;
 Well-connected Walkways |
c.
Raised walkways at least eight feet wide shall be provided for every three double-loaded aisles or every 200 feet of parking area width. Walkway crossings shall be raised a minimum three inches above drive surfaces;
d.
Walkways shall conform to the Americans with Disabilities Act (ADA);
 Parking Lot Walkway |
e.
Deciduous, street-rated trees, as required by the Shoreline Engineering Development Manual, shall be provided every 30 feet on average in grated tree pits if the walkway is eight feet wide or in planting beds if walkway is greater than eight feet wide. Pedestrian-scaled lighting shall be provided per subsection (H)(1)(b) of this section.
F.
Public Places.
1.
Public places are required for the commercial portions of development at a rate of four square feet of public place per 20 square feet of net commercial floor area up to a public place maximum of 5,000 square feet. This requirement may be divided into smaller public places with a minimum 400 square feet each.
2.
Public places may be covered but not enclosed unless by subsection (F)(3) of this section.
3.
Buildings shall border at least one side of the public place.
4.
Eighty percent of the area shall provide surfaces for people to stand or sit.
5.
No lineal dimension is less than six feet.
6.
The following design elements are also required for public places:
a.
Physically accessible and visible from the public sidewalks, walkways, or through-connections;
b.
Pedestrian access to abutting buildings;
c.
Pedestrian-scaled lighting (subsection H of this section);
d.
Seating and landscaping with solar access at least a portion of the day;
e.
Not located adjacent to dumpsters or loading areas; and
f.
Amenities such as public art, planters, fountains, interactive public amenities, hanging baskets, irrigation, decorative light fixtures, decorative paving and walkway treatments, and other items that provide a pleasant pedestrian experience along arterial streets.
g.
Accessible potable water and electrical power shall be supplied to a public facing portion of the exterior of high-capacity transit centers, stations and associated parking.
 Public Places |
G.
Multifamily Open Space.
1.
All multifamily development shall provide open space.
a.
Provide 800 square feet per development or 50 square feet of open space per dwelling unit, whichever is greater;
b.
Other than private balconies or patios, open space shall be accessible to all residents and include a minimum lineal dimension of six feet. This standard applies to all open spaces including parks, playgrounds, rooftop decks and ground-floor courtyards; and may also be used to meet walkway standards as long as the function and minimum dimensions of the open space are met;
c.
Required landscaping can be used for open space if it does not obstruct access or reduce the overall landscape standard. Open spaces shall not be placed adjacent to service areas without full screening; and
d.
Open space shall provide seating that has solar access at least a portion of the day.
 Multifamily Open Spaces |
H.
Outdoor Lighting.
1.
All publicly accessible areas on private property shall be illuminated as follows:
a.
Minimum of one-half footcandle and maximum 25-foot pole height for vehicle areas;
b.
One to two footcandles and maximum 15-foot pole height for pedestrian areas; and
c.
Maximum of four footcandles for building entries with the fixtures placed below second floor.
2.
All private fixtures shall be shielded to prevent direct light from entering neighboring property.
3.
Prohibited Lighting. The following types of lighting are prohibited:
a.
Mercury vapor luminaires.
b.
Outdoor floodlighting by floodlight projection above the horizontal plane.
c.
Search lights, laser source lights, or any similar high intensity light.
d.
Any flashing, blinking, rotating or strobe light illumination device located on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot or parcel.
Exemptions: | ||
1. | Lighting required for emergency response by police, fire, or medical personnel (vehicle lights and accident/crime scene lighting). | |
2. | Lighting in swimming pools and other water features governed by Article 680 of the National Electrical Code. | |
3. | Signs and sign lighting regulated by Chapter 20.50 SMC, Subchapter 8. | |
4. | Holiday and event lighting (except for outdoor searchlights or strobes). | |
5. | Sports and field lighting. | |
6. | Lighting triggered by an automatic emergency or security alarm system. | |
 |
I.
Service Areas.
1.
All developments shall provide a designated location for trash, composting, recycling storage and collection, and shipping containers. Such elements shall meet the following standards:
a.
Located to minimize visual, noise, odor, and physical impacts to pedestrians and residents;
b.
Paved with concrete and screened with materials or colors that match the building;
c.
Located and configured so that the enclosure gate swing does not obstruct pedestrian or vehicle traffic, nor require a hauling truck to project into public rights-of-way; and
d.
Refuse bins shall not be visible from the street.
 Trash/Recycling Closure with Consistent Use of Materials and Landscape Screening |
J.
Utility and Mechanical Equipment.
1.
Equipment shall be located and designed to minimize its visibility to the public. Preferred locations are off alleys; service drives; within, atop, or under buildings; or other locations away from the street. Equipment shall not intrude into required pedestrian areas.
 Utilities Consolidated and Separated by Landscaping Elements |
2.
All exterior mechanical equipment, with the exception of solar collectors or wind power generating equipment, shall be screened from view by integration with the building’s architecture through such elements as parapet walls, false roofs, roof wells, clerestories, equipment rooms, materials and colors. Painting mechanical equipment strictly as a means of screening is not permitted.
(Ord. 654 § 1 (Exh. 1), 2013; Ord. 663 § 1 (Exh. 1), 2013; Ord. 695 § 1 (Exh. A), 2014; Ord. 706 § 1 (Exh. A), 2015; Ord. 731 § 1 (Exh. A), 2015; Ord. 741 § 1 (Exh. A), 2016; Ord. 756 § 1 (Exh. A), 2016; Ord. 767 § 1 (Exh. A), 2017; Ord. 789 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. A), 2019; Ord. 901 § 1 (Exh. A), 2020; Ord. 907 § 1 (Exh. B), 2020; Ord. 1000 § 1 (Exh. A), 2023; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.250 Building design.
A.
Purpose.
1.
Emphasize quality building articulation, detailing, and durable materials.
2.
Reduce the apparent scale of buildings and add visual interest for the pedestrian experience.
3.
Facilitate design that is responsive to the commercial and retail attributes of existing and permitted uses.
4.
Create an active and inviting space for pedestrians, with visually interesting storefronts and seamless transitions between public rights-of-way and private space.
B.
Building Articulation.
1.
Commercial buildings fronting streets other than state routes shall include one of the two articulation features set forth in subsections (B)(2)(a) and (b) of this section facing a street, parking lot, or public place. Parking structure facades fronting public streets shall apply to this subsection only as material, color, texture, or opening modulations and not as offset modulations. Building facades less than 60 feet wide are exempt from this standard.
 Building Facade Articulation |
2.
Commercial buildings fronting streets that are state routes shall include one of the two articulation features below no more than every 80 lineal feet facing a street, parking lot, or public place. Building facades less than 100 feet wide are exempt from this standard. Parking structure facades fronting public streets shall apply to this subsection only as material, color, texture, or opening modulations and not as offset modulations.
a.
For the height of the building, each facade shall be offset at least two feet in depth and four feet in width, if combined with a change in siding materials. Otherwise, the facade offset shall be at least 10 feet deep and 15 feet wide.
b.
Vertical piers at the ends of each facade section that project at least two inches from the facade and extend from the ground to the roofline.
3.
Multifamily buildings or residential portions of a commercial building shall provide the following articulation features at least every 35 feet of facade facing a street, park, public place, or open space. Parking structure facades fronting public streets shall apply to this subsection only as material, color, texture, or opening modulations and not as offset modulations:
a.
Vertical building modulation 18 inches deep and four feet wide, if combined with a change in color or building material. Otherwise, the minimum depth of modulation is 10 feet and the minimum width for each modulation is 15 feet. Balconies may be used to meet modulation; and
b.
Distinctive ground or first floor facade, consistent articulation of middle floors, and a distinctive roofline or articulate on 35-foot intervals.
 Multifamily Building Articulation |
 Multifamily Building Articulation |
4.
Rooflines shall be modulated at least every 120 feet by emphasizing dormers, chimneys, stepped roofs, gables, or prominent cornices or walls. Rooftop appurtenances may be considered a modulation. Modulation shall consist of a roofline elevation change of at least four feet every 50 feet of roofline.
5.
Every 150 feet in building length along the streetfront shall have a minimum 30-foot-wide section that is offset by at least 20 feet through all floors.
 Facade Widths Using a Combination of Facade Modulation, Articulation, and Window Design |
6.
Buildings shall recess or project individual windows above the ground floor at least two inches from the facade or use window trim at least four inches in width.
 Window Trim Design |
7.
Weather protection of at least three feet deep by four feet wide is required over each secondary entry.
 Covered Secondary Public Access |
8.
Materials.
a.
Metal siding shall have visible corner moldings or trim and shall not extend lower than four feet above grade. Masonry, concrete, or other durable material shall be incorporated between the siding and the grade. Metal siding shall be factory finished with a matte, nonreflective surface.
 Masonry or Concrete Near the Ground and Proper Trimming Around Windows and Corners |
b.
Concrete blocks of a singular style, texture, or color shall not comprise more than 50 percent of a facade facing a street or public space.
 |
c.
Stucco must be trimmed and sheltered from weather by roof overhangs or other methods and shall be limited to no more than 50 percent of facades containing an entry. Stucco shall not extend below two feet above the grade.
 |
d.
The following exterior materials are prohibited:
i.
Repealed by Ord. 1047.
ii.
Corrugated, fiberglass sheet products; and
iii.
Plywood siding.
e.
Fencing. Vinyl coated chain-link fences are allowed in the commercial zones. Untreated chain-link fencing that is not screened from public view, razor wire, or barbed material shall not be allowed.
C.
Ground Floor Nonresidential.
1.
New buildings subject to SMC §§ 20.40.465 and 20.50.020(A)(11)(b) shall comply with these provisions.
2.
These requirements apply to the portion of the building’s ground floor abutting a public right-of-way (ROW).
3.
Required Amount of Nonresidential Space.
a.
A minimum of 75 percent of the lineal frontage abutting principal, minor, and collector Arterials, as mapped in the Transportation Master Plan, shall consist of nonresidential space. Up to 25 percent of the lineal frontage may consist of facilities associated with the multifamily use, such as lobbies, leasing offices, fitness centers and community rooms. The following exception applies:
On lots up to 100 feet in width, as measured where the lot abuts the right-of-way, and where no other feasible vehicle access point exists, the width of the vehicle access drive may be excluded from the lineal frontage for the purposes of calculating the 75 percent minimum nonresidential frontage.
b.
A minimum of 60 percent of the lineal frontage abutting streets not designated as principal, minor, or collector arterials shall consist of nonresidential space. Up to 40 percent of the lineal frontage may consist of facilities associated with the multifamily use, such as lobbies, leasing offices, fitness centers and community rooms. The following exception applies:
On lots up to 100 feet in width, as measured where the lot abuts the right-of-way, and where no other feasible vehicle access point exists, the width of the vehicle access drive may be excluded from the lineal frontage for the purposes of calculating the 60 percent minimum nonresidential frontage.
4.
All ground floor nonresidential spaces abutting a right-of-way shall be constructed at a minimum average depth of 30 feet, with no depth less than 15 feet, measured from the wall abutting the right-of-way frontage to the rear wall of the nonresidential space. A public place, as required by SMC § 20.50.240(F), may be included in the average depth calculation provided it is designed cohesively and integrated with the nonresidential space. The average depth of nonresidential space may be measured from the lot line abutting the right-of-way and include the public place.
5.
All ground floor nonresidential spaces shall be constructed with a minimum floor-to-floor height of 15 feet.
(Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 901 § 1 (Exh. A), 2020; Ord. 968 § 1 (Exh. A), 2022; Ord. 1000 § 1 (Exh. A), 2023; Ord. 1047 § 1 (Exh. A), 2025)
§ 20.50.260 Outdoor seating design.
A.
Purpose. To allow outdoor seating on private property that creates an active and inviting space for people and promotes economic development consistent with the vision for commercial development articulated in the Comprehensive Plan.
B.
Applicability. This section applies to outdoor seating associated with a brewpub, eating and drinking establishment, microbrewery, or microdistillery that is located on the same lot, or part of an interdependent site plan consisting of multiple lots.
C.
Compliance With Other Codes and Standards. All outdoor seating areas shall be operated in a safe and sanitary manner and shall comply with the following:
1.
All applicable provisions of Chapter 15.05 SMC, Construction and Building Codes, including, but not limited to, the International Building Code, the International Fire Code, and the National Electrical Code;
2.
Chapter 9.05 SMC, Noise Control;
3.
All applicable licensing requirements of the Washington State Liquor and Cannabis Board;
4.
Accessibility requirements of the Americans With Disabilities Act (ADA); and
5.
All applicable provisions of the Code of the King County Board of Health, including, but not limited to, Title 5 and Title 5R, Food-Service Establishments.
D.
Permit Requirements. Outdoor seating areas shall obtain a permit. If a building permit is required for any structure(s) used for the outdoor area, then review and approval shall occur concurrent with the building permit.
E.
Use. The outdoor seating area shall comply with the following:
1.
It shall be accessory to a brewpub, eating and drinking establishment, microbrewery, or microdistillery; and
2.
It shall not be used exclusively for storage or accessory uses that do not meet the purpose of this section.
F.
Design Standards. Outdoor seating areas shall comply with the following:
1.
If the outdoor seating area is within a building, as defined by the Development Code, then compliance with the minimum setbacks set forth in SMC § 20.50.020 is required.
2.
Required Barriers.
a.
Any edge of the outdoor seating area that is within 20 feet of a right-of-way vehicle travel lane shall be enclosed with a permanent or movable barrier(s).
b.
Barrier(s) shall be between 30 and 42 inches in height and consist of fencing, railing, planters, or other approved elements. If alcohol is served, the barrier(s) shall comply with WAC 314-03-200, as amended, which shall satisfy this code provision.
c.
Barrier(s) shall be constructed of finish quality materials such as steel, safety glass or finished wood, or other approved materials as determined by the Director.
d.
Barrier(s) shall comply with the clear sight triangle standards required by the Engineering Development Manual.
3.
Tables and Seating.
a.
Tables and seating shall not obstruct doors or exits.
b.
Tables and seating shall be made of durable, quality materials, including molded plastic, resin wicker, decorative metal or finish grade wood, or other approved materials as determined by the Director.
4.
Weather Protection.
a.
All tents, canopies, fabric screens, and umbrellas are subject to approval by the building official for any structural requirements and by the Fire Marshal for flame-retardance.
b.
Tents, canopies, awnings, fabric screens, and umbrellas shall be made of durable, quality materials.
5.
Ventilation. Barriers, tents, fabric screens, and other vertical materials erected as part of the outdoor seating area shall allow adequate ventilation. This does not apply to exterior building walls used for interior eating or drinking areas.
6.
Operation and Maintenance. Any of the elements of the outdoor seating areas are not permitted and shall be removed if they are not securely attached, create a traffic hazard, or are not maintained in good condition and free of damage, including but not limited to holes, rips, dents, or mold.
(Ord. 969 § 1 (Exh. A), 2022; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.50.290 Purpose.
The purpose of this subchapter is to reduce environmental impacts including impacts on existing significant and landmark trees during site development while promoting the reasonable use of land in the City by addressing the following:
A.
Prevention of damage to property, harm to persons, and environmental impacts caused by excavations, fills, and the destabilization of soils;
B.
Protection of water quality from the adverse impacts associated with erosion and sedimentation;
C.
Promotion of building and site planning practices that are consistent with the City’s natural topography and vegetative cover;
D.
Preservation and enhancement of trees and vegetation which contribute to the visual quality and economic value of development; provide habitat for birds and other wildlife; protect biodiversity; lower ambient temperatures; and store carbon dioxide and releasing oxygen, thus helping reduce air pollution in the City and provide continuity and screening between developments. Preserving and protecting healthy significant existing trees and the urban tree canopy shall be encouraged instead of removal and replacement;
E.
Protection of critical areas from the impacts of clearing and grading activities;
F.
Conservation and restoration of trees and vegetative cover to reduce flooding, the impacts on existing drainageways, and the need for additional stormwater management facilities;
G.
Protection of anadromous fish and other native animal and plant species through performance-based regulation of clearing and grading;
H.
Retain tree clusters for the abatement of noise, wind protection, and mitigation of air pollution;
I.
Rewarding significant tree protection efforts by property owners and developers by granting flexibility for certain other development requirements;
J.
Providing measures to protect trees that may be impacted during construction;
K.
Promotion of prompt development, effective erosion control, and restoration of property following site development; and
L.
Replacement of trees removed during site development in order to achieve a goal of no net loss of tree cover throughout the City over time.
(Ord. 238 Ch. V § 5(A), 2000; Ord. 398 § 1, 2006; Ord. 955 § 1 (Exh. A), 2022)
§ 20.50.300 General requirements.
A.
Tree cutting or removal by any means is considered a type of clearing and is regulated subject to the limitations and provisions of this subchapter.
B.
All land clearing and site grading shall comply with all standards and requirements adopted by the City of Shoreline. Where a Development Code section or related manual or guide contains a provision that is more restrictive or specific than those detailed in this subchapter, the more restrictive provision shall apply.
C.
Permit Required. No person shall conduct clearing or grading activities on a site without first obtaining the appropriate permit approved by the Director, unless specifically exempted by SMC § 20.50.310.
D.
When clearing or grading is planned in conjunction with development that is not exempt from the provisions of this subchapter, all of the required application materials for approval of tree removal, clearing and rough grading of the site shall accompany the development application to allow concurrent review.
E.
A clearing and grading permit may be issued for developed land if the regulated activity is not associated with another development application on the site that requires a permit.
F.
Replacement trees planted under the requirements of this subchapter on any parcel in the City of Shoreline shall be regulated as protected trees under SMC § 20.50.330(D).
G.
Any disturbance to vegetation within critical areas and their corresponding buffers is subject to the procedures and standards contained within the critical areas chapter of the Shoreline Development Code, Chapter 20.80 SMC, Critical Areas, in addition to the standards of this subchapter. The standards which result in the greatest protection of the critical areas shall apply.
H.
In addition to subsections A through G of this section, for new development in the NR3, NR2, and NR1, TC-4, MUR-35', and MUR-45' zoning districts, the following standards shall also apply:
1.
Best Management Practices. All allowed activities shall be conducted using the best management practices resulting in no damage to the trees and vegetation required for retention at the development site. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The City shall require the use of best management practices to ensure that activity does not result in degradation to the trees and vegetation required for retention at the development site. Any damage to, or alteration of, trees and vegetation required to be retained at the development site shall be restored, rehabilitated, or replaced at the responsible party’s expense.
2.
Unauthorized Development Site Violations – Stop Work Order. When trees and vegetation on a development site have been altered in violation of this subchapter, the City shall have the authority to issue a stop work order to cease all development, and order restoration measures at the owner’s or other responsible party’s expense to remediate the impacts of the violation of the provisions of this subchapter.
3.
Requirement for Restoration Plan. All development shall remain stopped until a restoration plan for impacted trees and vegetation is prepared by the responsible party and an approved permit or permit revision is issued by the City. Such a plan shall be prepared by a qualified professional. The Director of Planning may, at the responsible party’s expense, seek expert advice, including but not limited to third-party review by a qualified professional under contract with or employed by the City, in determining if the plan meets performance standards for restoration in SMC § 20.50.360, Tree replacement and site restoration.
4.
Site Investigation. The Director of Planning is authorized to take such actions as are necessary to enforce this subchapter. The Director shall present proper credentials and obtain permission before entering onto private property.
5.
Penalties. Any responsible party violating any of the provisions of this subchapter may be subject to any applicable penalties per SMC § 20.30.770 plus the following:
a.
A square footage cost of $3.00 per square foot of trees and vegetation required for retention that are impacted; and
b.
A per tree penalty in the amount of $9,000 per significant tree and $15,000 per tree 24 inches dbh and over for trees removed without appropriate permitting as required and/or in violation of the provisions of this subchapter.
6.
Financial Guarantee Requirements. A financial guarantee, and associated performance agreements or maintenance/defect/monitoring agreements, shall be required for projects in the MUR-35' and MUR-45' zones when mitigation is required to address the unpermitted removal of significant trees and vegetation on a development site consistent with the following:
a.
A performance agreement and bond, or other acceptable financial guarantee, are required from the applicant when mitigation is required as a result of violating the provisions of this subchapter if the mitigation is not completed prior to final permit approval, such as final plat approval or final building inspection. The amount of the performance bond(s) shall equal 125 percent of the cost of the mitigation project (after City mobilization is calculated).
b.
A maintenance/defect/monitoring agreement and bond, or other acceptable financial guarantee, are required to ensure the applicant’s compliance with the conditions of the approved mitigation plan to correct a violation to trees and vegetation. The amount of the maintenance bond(s) shall equal 25 percent of the cost of the mitigation project (after City mobilization is calculated) in addition to the cost for monitoring for a minimum of three years. The monitoring portion of the financial guarantee may be reduced in proportion to work successfully completed over the period of the bond. The bonding period shall coincide with the monitoring period.
(Ord. 238 Ch. V § 5(B), 2000; Ord. 398 § 1, 2006; Ord. 406 § 1, 2006; Ord. 640 § 1 (Exh. A), 2012; Ord. 955 § 1 (Exh. A), 2022; Ord. 963 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.310 Exemptions from permit.
A.
Complete Exemptions. The following activities are exempt from the provisions of this sub-chapter and do not require a permit:
1.
Emergency situation on private property involving danger to life or property or substantial fire hazards.
a.
Statement of Purpose. Retention of significant trees and vegetation is necessary in order to utilize natural systems to control surface water runoff, reduce erosion and associated water quality impacts, reduce the risk of floods and landslides, maintain fish and wildlife habitat and preserve the City’s natural, wooded character. Nevertheless, when certain trees become unstable or damaged, they may constitute a hazard requiring cutting in whole or part. Therefore, it is the purpose of this section to provide a reasonable and effective mechanism to minimize the risk to human health and property while preventing needless loss of healthy, significant trees and vegetation, especially in critical areas and their buffers.
b.
For purposes of this section, “Director” means the Director of the Department and their designee.
c.
In addition to other exemptions of SMC §§ 20.50.290 through 20.50.370, a request for the cutting of any tree that is an active and imminent hazard such as tree limbs or trunks that are demonstrably cracked, leaning toward overhead utility lines or structures, or are uprooted by flooding, heavy winds or storm events. After the tree removal, the City will need photographic proof or other documentation and the appropriate application approval, if any. The City retains the right to dispute the emergency and require that the party obtain a clearing permit and/or require that replacement trees be replanted as mitigation.
2.
Removal of trees and/or ground cover by the City and/or utility provider in situations involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility. The City retains the right to dispute the emergency and require that the party obtain a clearing permit and/or require that replacement trees be replanted as mitigation.
3.
Installation and regular maintenance of public utilities, under direction of the Director, except substation construction and installation or construction of utilities in parks or environmentally critical areas.
4.
Cemetery graves involving less than 50 cubic yards of excavation, and related fill per each cemetery plot.
5.
Removal of trees from property zoned NB, CB, MB and TC-1, 2 and 3, and MUR-70’ unless within a critical area or critical area buffer.
6.
Removal and restoration of vegetation within critical areas or their buffers consistent with the provisions of SMC § 20.80.075(E) or removal of trees consistent with SMC § 20.80.075(G) unless a permit is specifically noted under SMC § 20.80.075(E).
B.
Partial Exemptions. With the exception of the general requirements listed in SMC § 20.50.300, the following are exempt from the provisions of this subchapter, provided the development activity does not occur in a critical area or critical area buffer. For those exemptions that refer to size or number, the thresholds are cumulative during a 36-month period for any given parcel:
1.
The removal of three significant trees on lots up to 7,200 square feet and one additional significant tree for every additional 7,200 square feet of lot area, except removal of trees greater than 24 inches DBH. Nonexempt trees that are removed require tree replacement per SMC § 20.50.360.
2.
The removal of any tree greater than 24 inches DBH shall require a clearing and grading permit (SMC §§ 20.50.320 through 20.50.370).
3.
Landscape maintenance and alterations on any property that involve the clearing of less than 3,000 square feet, provided the tree removal threshold listed above is not exceeded.
(Ord. 238 Ch. V § 5(C), 2000; Ord. 398 § 1, 2006; Ord. 434 § 1, 2006; Ord. 531 § 1 (Exh. 1), 2009; Ord. 560 § 4 (Exh. A), 2009; Ord. 581 § 1 (Exh. 1), 2010; Ord. 640 § 1 (Exh. A), 2012; Ord. 695 § 1 (Exh. A), 2014; Ord. 706 § 1 (Exh. A), 2015; Ord. 724 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 833 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. A), 2019; Ord. 907 § 1 (Exh. A), 2020; Ord. 955 § 1 (Exh. A), 2022; Ord. 984 § 1 (Exh A), 2023; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.50.320 Specific activities subject to the provisions of this subchapter.
All activities listed below must comply with the provisions of this subchapter. For those exemptions that refer to size or number, the thresholds are cumulative during a 36-month period for any given parcel:
A.
The construction of new residential, commercial, institutional, or industrial structures or additions.
B.
Earthwork of 50 cubic yards or more. This means any activity which moves 50 cubic yards of earth, whether the material is excavated or filled and whether the material is brought into the site, removed from the site, or moved around on the site.
C.
Clearing of 3,000 square feet of land area or more or 1,500 square feet or more if located in a special drainage area.
D.
Removal of more than six significant trees from any property.
E.
Any clearing, grading, or other land disturbing activity within a critical area or buffer of a critical area unless otherwise exempt from the provisions of this subchapter in SMC § 20.50.310.
F.
Any change of the existing grade by four feet or more.
G.
Repealed by Ord. 640.
H.
Any land surface modification not specifically exempted from the provisions of this subchapter.
I.
Development that creates new, replaced or a total of new plus replaced impervious surfaces over 1,500 square feet in size, or 500 square feet in size if located in a landslide hazard area or special drainage area.
J.
Any construction of public drainage facilities to be owned or operated by the City.
K.
Any construction involving installation of private storm drainage pipes 12 inches in diameter or larger.
L.
Any modification of or construction which affects a stormwater quantity or quality control system. (Does not include maintenance or repair to the original condition.)
M.
Applicants for forest practice permits (Class IV – general permit) issued by the Washington State Department of Natural Resources (DNR) for the conversion of forested sites to developed sites are also required to obtain a clearing and grading permit. For all other forest practice permits (Class II, III, IV – special permit) issued by DNR for the purpose of commercial timber operations, no development permits will be issued for six years following tree removal.
(Ord. 238 Ch. V § 5(D), 2000; Ord. 398 § 1, 2006; Ord. 531 § 1 (Exh. 1), 2009; Ord. 640 § 1 (Exh. A), 2012; Ord. 724 § 1 (Exh. A), 2015)
§ 20.50.330 Project review and approval.
A.
Review Criteria. The Director shall review the application and approve the permit, or approve the permit with conditions; provided, that the application demonstrates compliance with the criteria below.
1.
The proposal complies with SMC §§ 20.50.340 through 20.50.370, or has been granted a deviation from the Engineering Development Manual.
2.
The proposal complies with all standards and requirements for the underlying permit.
3.
If the project is located in a critical area or buffer, or has the potential to impact a critical area, the project must comply with the critical areas standards.
4.
The project complies with all requirements of the City’s Stormwater Management Manual as set forth in SMC § 13.10.200 and applicable provisions in Chapter 13.10 SMC, Engineering Development Manual, and Chapter 13.10 SMC, Surface Water Management Code, and adopted standards.
5.
All required financial guarantees or other assurance devices are posted with the City.
B.
Professional Evaluation. In determining whether a tree removal and/or clearing is to be approved or conditioned, the Director may require the submittal of a professional evaluation and/or a tree protection plan prepared by a certified arborist at the applicant’s expense, where the Director deems such services necessary to demonstrate compliance with the standards and guidelines of this subchapter. Third-party review of plans, if required, shall also be at the applicant’s expense. The Director shall have the sole authority to determine whether the professional evaluation submitted by the applicant is adequate, the evaluator is qualified and acceptable to the City, and whether third-party review of plans is necessary. The Director shall have the sole authority to require third-party review. Required professional evaluation(s) and services may include:
1.
Providing a written evaluation of the anticipated effects of any development within five feet of a tree’s critical root zone that may impact the viability of trees on and off site;
2.
Providing a hazardous tree assessment;
3.
Developing plans for, supervising, and/or monitoring implementation of any required tree protection or replacement measures; and/or
4.
Conducting a post-construction site inspection and evaluation.
C.
Conditions of Approval. The Director may specify conditions for work at any stage of the application or project as they deem necessary to ensure the proposal’s compliance with requirements of this subchapter, critical area regulations, Chapter 20.80 SMC, or Shoreline Master Program, SMC Title 20, Division II, the Engineering Development Manual, the adopted stormwater management regulations, and any other section of the Shoreline Development Code, or to protect public or private property. These conditions may include, but are not limited to, hours or seasons within which work may be conducted, or specific work methods.
D.
Designation of Protected Trees.
1.
For the following areas, the retention and planting plan and any application and permit plans shall show all trees designated for protection: areas designated as “protected trees,” “native growth protection areas,” “critical areas,” “critical area buffers,” or such other designation as may be approved by the Director. Protected vegetation, including protected trees, shall not be modified, harmed or removed except as provided in this subchapter.
2.
The Director may require that protected trees be permanently preserved within a tract, easement or other permanent protective mechanism. When required, the location, purpose, and limitation of these protected areas shall be shown on the face of the deed, plat, binding site plan, or similar document and shall be recorded with the King County Recorder’s Office or its successor. The recorded document shall include the requirement that the protected areas shall not be removed, amended or modified without the written approval of the City.
E.
Preconstruction Meeting Required. Prior to the commencement of any permitted clearing and grading activity, a preconstruction meeting shall be held on site with the permittee and appropriate City staff. The project site shall be marked in the field as follows:
1.
The extent of clearing and grading to occur;
2.
Delineation and protection with clearing limit fencing of any critical areas and critical area buffers;
3.
Trees to be removed and retained; and
4.
Property lines.
(Ord. 238 Ch. V § 5(E), 2000; Ord. 398 § 1, 2006; Ord. 531 § 1 (Exh. 1), 2009; Ord. 631 § 1 (Exh. 1), 2012; Ord. 724 § 1 (Exh. A), 2015; Ord. 741 § 1 (Exh. A), 2016; Ord. 767 § 1 (Exh. A), 2017; Ord. 959 § 1 (Exh. A), 2022)
§ 20.50.340 Basic operating conditions and standards of performance.
A.
Any activity that will clear, grade or otherwise disturb the site, whether requiring a clearing or grading permit or not, shall provide erosion and sediment control (ESC) that prevents, to the maximum extent possible, the transport of sediment from the site to drainage facilities, water resources and adjacent properties. Erosion and sediment controls shall be applied as specified by the temporary ESC measures and performance criteria and implementation requirements in SMC § 13.10.200, Surface Water Management Code and adopted standards.
B.
Cuts and fills shall conform to the following provisions unless otherwise approved by the Director:
1.
Slope. No slope of cut and fill surfaces shall be steeper than is safe for the intended use and shall not exceed two horizontal to one vertical, unless otherwise approved by the Director.
 Figure 20.50.340(B): Illustration of fill and cut with maximum slope 2:1. |
2.
Erosion Control. All disturbed areas including faces of cuts and fill slopes shall be prepared and maintained to control erosion in compliance with the Surface Water Design Manual.
3.
Preparation of Ground. The ground surface shall be prepared to receive fill by removing unsuitable material such as concrete slabs, tree stumps, construction materials, brush and other debris.
4.
Fill Material. Detrimental amounts of organic material shall not be permitted in fills. Only earth materials which have no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be used. In the absence of an approved soils engineering report, these provisions may be waved by the Director for minor fills not intended to support structures.
5.
Drainage. Provisions shall be made to:
a.
Prevent any surface water or seepage from damaging the cut face of any excavations or the sloping face of a fill;
b.
Carry any surface waters that are or might be concentrated as a result of a fill or excavation to a natural watercourse, or by other means approved by the department of public works;
6.
Bench/Terrace. Benches, if required, at least 10 feet in width shall be back-sloped and shall be established at not more than 25 feet vertical intervals to control surface drainage and debris. Swales or ditches on benches shall have a maximum gradient of five percent.
7.
Setbacks. The tops and the toes of cut and fill slopes shall be set back from property boundaries as far as necessary for safety of the adjacent properties and to prevent damage resulting from water runoff or erosion of the slopes. The tops and the toes of cut and fill slopes shall be set back from structures as far as is necessary for adequacy of foundation support and to prevent damage as a result of water runoff or erosion of the slopes. Slopes and setbacks shall be determined by the Director.
C.
Access Roads – Maintenance. Access roads to grading sites shall be maintained and located to the satisfaction of the Director to minimize problems of dust, mud and traffic circulation.
D.
Access Roads – Gate. Access roads to grading sites shall be controlled by a gate when required by the Director.
E.
Warning Signs. Signs warning of hazardous conditions, if such exist, shall be affixed at locations as required by the Director.
F.
Temporary Fencing. Temporary fencing, where required by the Director, to protect life, limb and property, shall be installed. Specific fencing requirements shall be determined by the Director.
G.
Hours of Operation. Hours of operation for tree cutting, clearing and grading, unless otherwise authorized by the Director, shall be between 7:00 a.m. and 7:00 p.m. weekdays and 9:00 a.m. to 9:00 p.m. on Saturdays and Sundays. Additionally, tree cutting (felling) shall further be limited to daylight hours.
H.
Traffic Control and Haul Plan. The applicant shall be required to submit a plan detailing traffic control and proposed timing, volume, and routing of trucks and equipment as determined to be necessary by the Director.
(Ord. 238 Ch. V § 5(F), 2000; Ord. 398 § 1, 2006; Ord. 531 § 1 (Exh. 1), 2009; Ord. 850 § 1 (Exh. A), 2019)
§ 20.50.350 Development standards for clearing activities.
A.
No trees or ground cover shall be removed from critical area or buffer unless the proposed activity is consistent with the critical area standards.
B.
Minimum Retention Requirements. All proposed development activities that are not exempt from the provisions of this subchapter shall meet the following:
1.
At least 35 percent of the significant trees on a given site shall be retained, excluding critical areas, and critical area buffers; or
2.
At least 30 percent of the significant trees on a given site (which may include critical areas and critical area buffers) shall be retained.
3.
Tree protection measures ensuring the preservation of all trees identified for retention on approved site plans shall be guaranteed during development through the posting of a performance bond equal to the value of the installation and maintenance of those protection measures.
4.
The minimum amount of trees to be retained cannot be removed for a period of 36 months and shall be guaranteed through an approved maintenance agreement.
5.
The Director may require the retention of additional trees to meet the stated purpose and intent of this title, as required by the critical areas regulations, Chapter 20.80 SMC, or Shoreline Master Program, SMC Title 20, Division II, or as site-specific conditions demand using SEPA substantive authority.
6.
If a significant tree 24 inches DBH or larger is approved for removal, a fee must be paid to the City tree fund as set forth in the fee schedule adopted pursuant to Chapter 3.01 SMC in addition to the tree replacement required per SMC § 20.50.360.
 Figure 20.50.350(B)(1): Demonstration of the retention of 20 percent of the significant trees on a site containing no critical areas. |
 Figure 20.50.350(B)(2): Demonstration of the retention of 30 percent of the significant trees on a site containing a critical area. |
Exception 20.50.350(B): | |||
1. | The Director may allow a reduction in the minimum significant tree retention percentage to facilitate preservation of a greater number of smaller trees, a cluster or grove of trees, contiguous perimeter buffers, distinctive skyline features, or based on the City’s concurrence with a written recommendation of an arborist certified by the International Society of Arboriculture or by the American Society of Consulting Arborists as a registered consulting arborist that retention of the minimum percentage of trees is not advisable on an individual site; or | ||
2. | In addition, the Director may allow a reduction in the minimum significant tree retention percentage if all of the following criteria are satisfied: The exception is necessary because: | ||
• | There are special circumstances related to the size, shape, topography, location or surroundings of the subject property. | ||
• | Strict compliance with the provisions of this Code may jeopardize reasonable use of property. | ||
• | Proposed vegetation removal, replacement, and any mitigation measures are consistent with the purpose and intent of the regulations. | ||
• | The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. | ||
3. | If an exception is granted to this standard, the applicant shall still be required to meet the basic tree replacement standards identified in SMC § 20.50.360 for all significant trees removed beyond the minimum allowed per parcel without replacement and up to the maximum that would ordinarily be allowed under SMC § 20.50.350(B). | ||
4. | In addition, the applicant shall be required to plant four trees for each significant tree removed that would otherwise count towards the minimum retention percentage. Trees replaced under this provision shall be at least 12 feet high for conifers and three inches in caliper if otherwise. This provision may be waived by the Director for restoration enhancement projects conducted under an approved vegetation management plan. | ||
5. | The Director may not require the retention of a significant tree that must be removed to accommodate the installation of a frontage improvement required as a condition of permit approval pursuant to SMC § 20.70.320 when the applicant and the City demonstrate that a reasonable effort has been made to retain the significant tree. If approved for removal, this tree shall not be included in calculation of the minimum retention percentage for the site. | ||
C.
Incentives for Higher Levels of Tree Protection. The Director may grant reductions or adjustments to other site development standards if the protection levels identified in subsection B of this section are exceeded. On a case-by-case review, the Director shall determine the balance between tree protection that exceeds the established minimum percentage and variations to site development requirements. If the Director grants adjustments or reductions to site development standards under this provision, then tree protection requirements shall be recorded on the face of the plat, as a notice to title, or on some other legal document that runs with the property. Adjustments that may be considered are:
1.
Reductions or variations of the area, width, or composition of required open space and/or landscaping;
2.
Variations in parking lot design and/or any access driveway requirements;
3.
Variations in building setback requirements;
4.
Variations of grading and stormwater requirements.
 Figure 20.50.350(C): Example of aggregate setback to preserve a cluster of significant trees. |
D.
Site Design. Site improvements shall be designed and constructed to meet the following:
1.
Site improvements shall be designed to give priority to protection of trees with the following characteristics, functions, or location including where the critical root zone of trees on adjoining property is within five feet of the development:
a.
Existing stands of healthy trees that have a reasonable chance of survival once the site is developed, are well shaped to withstand the wind and maintain stability over the long term, and will not pose a threat to life or property.
b.
Trees which exceed 50 feet in height.
c.
Trees and tree clusters which form a continuous canopy.
d.
Trees that create a distinctive skyline feature.
e.
Trees that have a screening function or provide relief from glare, blight, commercial or industrial harshness.
f.
Trees providing habitat value, particularly riparian habitat.
g.
Trees within the required yard setbacks or around the perimeter of the proposed development.
h.
Trees having a significant land stability function.
i.
Trees adjacent to public parks, open space, and critical area buffers.
j.
Trees having a significant water-retention function.
3.
Building footprints, parking areas, roadways, utility corridors and other structures shall be designed and located with a consideration of tree protection opportunities.
4.
The project grading plans shall accommodate existing trees and avoid alteration to grades around existing significant trees to be retained.
5.
Required open space and recreational space shall be designed and located to protect existing stands of trees.
6.
The site design and landscape plans shall provide suitable locations and adequate area for replacement trees as required in SMC § 20.50.360.
7.
In considering trees for protection, the applicant shall avoid selecting trees that may become hazardous because of wind gusts, including trees adjacent to utility corridors where falling trees may cause power outages or other damage. Remaining trees may be susceptible to blow downs because of loss of a buffer from other trees, grade changes affecting the tree health and stability and/or the presence of buildings in close proximity.
8.
If significant trees have been removed from a closed, forested situation, an adequate buffer of smaller trees shall be retained or planted on the fringe of such significant trees as determined by a certified arborist.
9.
All trees located outside of identified building footprints and driveways and at least 10 feet from proposed structures shall be considered as eligible for preservation. However, all significant trees on a site shall be considered when calculating the minimum retention percentage.
 |
 Figure 20.50.350(D): Example of the application of tree retention site design standards. Appropriate retention of a cluster of trees on a slope and frontage trees are shown above. Inappropriate retention of scattered single trees and trees near structures are shown below. |
E.
Cutting and Pruning of Protected Trees. Trees protected under the provisions of this section shall not be topped. Pruning and maintenance of protected trees shall be consistent with best management practices in the field of arboriculture, such as the American National Standard for Tree Care Operations – Tree, Shrub, and Other Wood Plant Maintenance – Standard Practices (ANSI A300) or similar, and further the long-term health of the tree. Excessive pruning, including topping, stripping, or imbalances, shall not be allowed unless necessary to protect life and property. Protected trees may be pruned to enhance views using methods such as windowing, interlimbing, or skirting up, when completed by a qualified professional arborist and consistent with best management practices.
F.
Landmark Trees. Trees which have been designated as landmark trees by the City of Shoreline because they are 30 inches or larger in diameter or particularly impressive or unusual due to species, size, shape, age, historical significance and/or are an outstanding row or group of trees, have become a landmark to the City of Shoreline or are considered specimens of their species shall not be removed unless the applicant meets the exception requirements of subsection B of this section. The Director shall establish criteria and procedures for the designation of landmark trees.
(Ord. 238 Ch. V § 5(G), 2000; Ord. 398 § 1, 2006; Ord. 406 § 1, 2006; Ord. 640 § 1 (Exh. A), 2012; Ord. 724 § 1 (Exh. A), 2015; Ord. 741 § 1 (Exh. A), 2016; Ord. 789 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. A), 2019; Ord. 955 § 1 (Exh. A), 2022; Ord. 984 § 1 (Exh. A), 2023; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.360 Tree replacement and site restoration.
A.
Plans Required. Prior to any tree removal, the applicant shall demonstrate through a clearing and grading plan, tree retention and planting plan, landscape plan, critical area report, mitigation or restoration plans, or other plans acceptable to the Director that tree replacement will meet the minimum standards of this section. Plans shall be prepared by a qualified person or persons at the applicant’s expense. Third-party review of plans, if required, shall be at the applicant’s expense.
B.
The City may require the applicant to relocate or replace trees, shrubs, and ground covers, provide erosion control methods, hydroseed exposed slopes, or otherwise protect and restore the site as determined by the Director.
C.
Replacement Required. Trees removed under the partial exemption in SMC § 20.50.310(B)(1), and trees removed in the MUR-70' zone, may be removed per parcel with no replacement of trees required. Any significant tree proposed for removal beyond this limit should be replaced as follows:
1.
Removal of one significant tree of six inches in diameter at breast height equals one replacement tree.
2.
Each additional three inches in diameter at breast height equals one additional replacement tree, up to three trees per significant tree removed.
3.
Minimum size requirements for replacement trees under this provision: Deciduous trees shall be at least 1.5 inches in caliper and evergreens six feet in height.
4.
Replacement trees required for the Lynnwood Link Extension project shall be native conifer and deciduous trees proportional to the number and type of trees removed for construction, unless as part of the plan required in subsection A of this section the qualified professional demonstrates that a native conifer is not likely to survive in a specific location.
5.
Tree replacement where tree removal is necessary on adjoining properties to meet requirements in SMC § 20.50.350(D) or as a part of the development shall be at the same ratios in subsections (C)(1), (C)(2), and (C)(3) of this section with a minimum tree size of eight feet in height. Any tree for which replacement is required in connection with the construction of a light rail system/facility, regardless of its location, may be replaced on the project site.
6.
Tree replacement related to development of a light rail transit system/facility must comply with this subsection C.
Exception 20.50.360(C): | |||
a. | No tree replacement is required when the tree is proposed for relocation to another suitable planting site; provided, that relocation complies with the standards of this section. | ||
b. | To the extent feasible, all replacement trees shall be replaced on site. When an applicant demonstrates that the project site cannot feasibly accommodate all of the required replacement trees, the Director may allow the payment of a fee in lieu of replacement at the rate set forth in Chapter 3.01 SMC, Fee Schedule, for replacement trees or a combination of reduction in the minimum number of replacement trees required and payment of the fee in lieu of replacement at the rate set forth in Chapter 3.01 SMC, Fee Schedule, if all of the following criteria are satisfied: | ||
i. | There are special circumstances related to the size, shape, topography, location or surroundings of the subject property. | ||
ii. | Strict compliance with the provisions of this Code may jeopardize reasonable use of property. | ||
iii. | Proposed vegetation removal, replacement, and any mitigation measures are consistent with the purpose and intent of the regulations. | ||
iv. | The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. | ||
c. | The Director may waive this provision for site restoration or enhancement projects conducted under an approved vegetation management plan. | ||
d. | Replacement of significant tree(s) approved for removal pursuant to Exception SMC § 20.50.350(B)(5) is not required. | ||
D.
The Director may require that a portion of the replacement trees be native species in order to restore or enhance the site to predevelopment character.
E.
The condition of replacement trees shall meet or exceed current American Nursery and Land-scape Association or equivalent organization’s standards for nursery stock.
F.
Replacement of removed trees with appropriate native trees at a ratio consistent with subsection C of this section, or as determined by the Director based on recommendations in a critical area report, will be required in critical areas.
G.
The Director may consider smaller-sized replacement plants if the applicant can demonstrate that smaller plants are more suited to the species, site conditions, and to the purposes of this subchapter, and are planted in sufficient quantities to meet the intent of this subchapter.
H.
All required replacement trees and relocated trees shown on an approved permit shall be maintained in healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent permit.
I.
Where development activity has occurred that does not comply with the requirements of this subchapter, the requirements of any other section of the Shoreline Development Code, or approved permit conditions, the Director may require the site to be restored to as near pre-project original condition as possible. Such restoration shall be determined by the Director and may include, but shall not be limited to, the following:
1.
Filling, stabilizing and landscaping with vegetation similar to that which was removed, cut or filled;
2.
Planting and maintenance of trees of a size and number that will reasonably assure survival and that replace functions and values of removed trees; and
3.
Reseeding and landscaping with vegetation similar to that which was removed, in areas without significant trees where bare ground exists.
J.
Significant trees which would otherwise be retained, but which were unlawfully removed or damaged or destroyed through some fault of the applicant or their representatives shall be replaced in a manner determined by the Director.
K.
Nonsignificant trees which are required to be retained as a condition of permit approval, but are unlawfully removed, damaged, or destroyed through some fault of the applicant, representatives of the applicant, or the property owner(s), shall be replaced at a ratio of three to one. Minimum size requirements for replacement trees are deciduous trees at least one and one-half inches in caliper and evergreen trees at least six feet in height.
L.
Performance Assurance.
1.
The Director may require a performance bond for tree replacement and site restoration permits to ensure the installation of replacement trees, and/or compliance with other land-scaping requirements as identified on the approved site plans.
2.
A maintenance bond shall be required after the installation of required site improvements and prior to the issuance of a certificate of occupancy or finalization of permit and following required landscape installation or tree replacement. The maintenance bond and associated agreement shall be in place to ensure adequate maintenance and protection of retained trees and site improvements. The maintenance bond shall be for an amount not to exceed the estimated cost of maintenance and protection measures for a minimum of 36 months or as determined by the Director.
3.
The Director shall exempt individual single-family lots from a maintenance bond, except where a clearing violation has occurred or tree replacement is located within critical areas or critical area buffers.
M.
Monitoring. The Director may require submittal of periodic monitoring reports as necessary to ensure survival of replacement trees. The contents of the monitoring report shall be determined by the Director.
N.
Discovery of Undocumented Critical Areas. The Director may stop work authorized by a clearing and grading permit if previously undocumented critical areas are discovered on the site. The Director has the authority to require additional studies, plans and mitigations should previously undocumented critical areas be found on a site.
(Ord. 238 Ch. V § 5(H), 2000; Ord. 299 § 1, 2002; Ord. 398 § 1, 2006; Ord. 406 § 1, 2006; Ord. 640 § 1 (Exh. A), 2012; Ord. 724 § 1 (Exh. A), 2015; Ord. 741 § 1 (Exh. A), 2016; Ord. 850 § 1 (Exh. A), 2019; Ord. 907 § 1 (Exh. C), 2020; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.370 Tree protection standards.
The following protection guidelines shall be imposed for all trees to be retained on site or on adjoining property, to the extent off-site trees are subject to the tree protection provisions of this chapter, during the construction process:
A.
All required tree protection measures shall be shown on the tree protection and replacement plan, clearing and grading plan, or other plan submitted to meet the requirements of this subchapter. Tree protection shall remain in place for the duration of the permit unless earlier removal is addressed through construction sequencing on approved plans.
B.
Critical root zones (tree protection zone) as defined by the International Society of Arboriculture shall be protected. No development, fill, excavation, construction materials, equipment staging, or traffic shall be allowed in the critical root zone of trees that are to be retained.
C.
Prior to any land disturbance, temporary construction fences must be placed around the tree protection zone to be preserved. If a cluster of trees is proposed for retention, the barrier shall be placed around the edge formed by the drip lines of the trees to be retained. Tree protection shall remain in place for the duration of the permit unless earlier removal is addressed through construction sequencing on approved plans.
D.
Tree protection barriers shall be a minimum of six feet high, constructed of chain link or similar material, subject to approval by the Director. “Tree Protection Area” signs shall be posted visibly on all sides of the fenced areas. On large or multiple-project sites, the Director may also require that signs requesting subcontractor cooperation and compliance with tree protection standards be posted at site entrances.
E.
If any construction work needs to be performed inside either the tree drip line, critical root zone, and/or the inner critical root zone, the project arborist will be on site to supervise the work. When excavation must occur within or near the critical root zone, any found roots of three inches or greater in diameter will be cleanly cut to the edge of the trench to avoid ripping of the root.
F.
Where tree protection zones are remote from areas of land disturbance, and where approved by the Director, alternative forms of tree protection may be used in lieu of tree protection barriers; provided, that protected trees are completely surrounded with continuous rope or flagging and are accompanied by “Tree Leave Area – Keep Out” signs.
G.
Rock walls shall be constructed around the tree, equal to the dripline, when existing grade levels are lowered or raised by the proposed grading.
H.
Retain small trees, bushes, and understory plants within the tree protection zone, unless the plant is identified as a regulated noxious weed, a nonregulated noxious weed, or a weed of concern by the King County Noxious Weed Control Board.
I.
Preventative Mitigation. In addition to the above minimum tree protection measures, the applicant shall support tree protection efforts by employing, as appropriate, the following preventative measures, consistent with best management practices for maintaining the health of the tree:
1.
Pruning of visible deadwood on trees to be protected or relocated;
2.
Mulching with a layer of four inches to five inches of wood chips in the critical root zones of retained trees; and
3.
Ensuring one inch of irrigation or rainfall per week during and immediately after construction and from early May through September until reliable rainfall occurs in the fall.
 Figure 20.50.370: Illustration of standard techniques used to protect trees during construction. |
Exception 20.50.370:
The Director may waive certain protection requirements, allow alternative methods, or require additional protection measures based on concurrence with the recommendation of a certified arborist deemed acceptable to the City.
(Ord. 238 Ch. V § 5(I), 2000; Ord. 398 § 1, 2006; Ord. 741 § 1 (Exh. A), 2016; Ord. 907 § 1 (Exh. B), 2020; Ord. 955 § 1 (Exh. A), 2022)
§ 20.50.380 Purpose.
The purpose of this subchapter is to limit the number of parking spaces which promotes efficient use of land, enhances urban form, encourages use of alternative modes of transportation, provides for better pedestrian movement, and protects air and water quality and establishes flexible standards for parking, access, pedestrian and vehicular circulation, and bicycle facilities as follows:
A.
To ensure that the parking and circulation aspects of all developments are well designed with regards to safety, efficiency and convenience of vehicles, bicycles, pedestrians, and transit.
B.
To provide safe access to all buildings.
C.
To reduce demand for parking by encouraging alternative means of transportation, including public transit, rideshare, and bicycles.
D.
To promote efficiency through reductions in the number of parking stalls, shared driveway access and shared parking facilities.
E.
To assure safe and adequately sized parking facilities.
F.
To increase pedestrian mobility and provide safe, pleasant and direct pedestrian access.
G.
To reduce hardscape areas in the built environment to reduce the heat island effect and further the city’s climate goals.
(Ord. 238 Ch. V § 6(A), 2000; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.50.385 Administrative design review.
Administrative design review approval under SMC § 20.30.297 is required for development applications that propose departures from any section of this subchapter.
(Ord. 1043 § 1 (Exh. A), 2025)
§ 20.50.390 Minimum off-street parking requirements – Standards.
Repealed by Ord. 1043.
(Ord. 238 Ch. V § 6(B-1), 2000; Ord. 581 § 1 (Exh. 1), 2010; Ord. 654 § 1 (Exh. 1), 2013; Ord. 663 § 1 (Exh. 1), 2013; Ord. 669 § 1 (Exh. A), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 731 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017; Ord. 824 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. A), 2019; Ord. 907 § 1 (Exhs. A – C), 2020; Ord. 930 § 1 (Exh. A-1), 2021; Ord. 984 § 1 (Exh. A), 2023; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.400 Reductions to minimum parking requirements.
Repealed by Ord. 1043.
(Ord. 238 Ch. V § 6(B-2), 2000; Ord. 654 § 1 (Exh. 1), 2013; Ord. 669 § 1 (Exh. A), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 731 § 1 (Exh. A), 2015; Ord. 760 § 1 (Exh. A), 2017; Ord. 833 § 1 (Exh. A), 2018; Ord. 839 § 1 (Exh. A), 2019; Ord. 907 § 1 (Exh. B), 2020; Ord. 930 § 1 (Exh. A-1), 2021; Ord. 968 § 1 (Exh. A), 2022)
§ 20.50.410 Parking design standards.
A.
All vehicle parking and storage for residential and nonresidential uses must be in a garage, carport or on an approved impervious surface or pervious concrete or pavers, including grass block pavers. Any surface used for vehicle parking or storage must have direct access.
B.
Not more than six vehicles associated with a dwelling unit may be wholly or partially parked or stored outside of a building or carport, excluding a maximum combination of any two boats, recreational vehicles, or trailers.
C.
The minimum parking space and aisle dimensions for the most common parking angles are shown in Table 20.50.410C below. For alternative parking stall and aisle dimensions other than shown below, an analysis of safe vehicular movement shall be provided and approved by the Director at time of building permit.
Table 20.50.410C – Minimum Parking Stall and Aisle Dimensions | |||||
|---|---|---|---|---|---|
A | B | C | D | E | |
Parking Angle | Stall Width (feet) | Curb Length (feet) | Stall Depth (feet) | Aisle Width (feet) | |
1-Way | 2-Way | ||||
0 | 8.0 | 20.0 20.0 | 8.0 8.0 | 12.0 12.0 | 20.0 20.0 |
30 | 8.0 | 16.0 16.0 | 15.0 15.0 | 10.0 10.0 | 20.0 20.0 |
45 | 8.0 | 11.5 11'6" | 17.0 17.0 | 12.0 12.0 | 20.0 20.0 |
60 | 8.0 | 9.6 9'7" | 18.0 18.0 | 18.0 18.0 | 20.0 20.0 |
90 | 8.0 | 8.0 8.0 | 16.0 20.0 | 23.0 23.0 | 23.0 23.0 |
 Figure 20.50.410(C)(1): Diagram of corresponding parking dimensions A through D from Table 20.50.410C |
Exception 20.50.410(C)(1): The parking space depth may be reduced up to 18 inches when vehicles overhang a walkway under the following conditions: | |
1. | Wheel stops or curbs are installed that provide a maximum 18-inch overhang; and |
2. | The remaining walkway provides a minimum of 60 inches of unimpeded passageway for pedestrians. |
Exception 20.50.410(C)(2): Tandem or end-to-end parking is allowed for residential uses. | |
 Figure Exception to 20.50.410(C)(2): Illustration of tandem parking. |
D.
Asphalt or concrete surfaced parking areas shall have parking spaces marked by surface paint lines or suitable substitute traffic marking material in accordance with Washington State Department of Transportation standards. Wheel stops are required where a parked vehicle encroaches on adjacent property, pedestrian access or circulation areas, right-of-way or land-scaped areas. Typical approved markings and wheel stop locations are illustrated in Figure 20.50.410(D).
 Figure 20.50.410(D): Pavement marking and wheel stop standards. |
Note that parking spaces must meet setbacks from property lines where required by the zone.
E.
Any parking spaces shall not encroach into any required landscaped areas.
F.
Every nonresidential building, excluding self-service storage facilities, shall provide loading spaces in accordance with the standards listed below in Table 20.50.410F.
Table 20.50.410F | |
|---|---|
FLOOR AREA | REQUIRED NUMBER OF LOADING SPACES |
20,000 to 50,000 square feet | 1 |
More than 50,001 square feet | 2 |
G.
Every multifamily or mixed-use building with commercial and residential uses shall provide loading spaces in accordance with the standards listed in Table 20.50.410G.
Table 20.50.410G | |
|---|---|
DWELLING UNITS | REQUIRED NUMBER OF LOADING SPACES |
Less than 60 dwelling units | 0 |
60 to 200 | 1 |
More than 200 | 2 |
H.
Each loading space required by this section shall be a minimum of 10 feet wide, 30 feet long, and have an unobstructed vertical clearance of 14 feet six inches, and shall be surfaced, improved and maintained as required by the Engineering Development Manual. Loading spaces shall be located so that trucks shall not obstruct pedestrian or vehicle traffic movement or project into any public right-of-way.
I.
Multi-story self-service storage facilities shall provide two loading spaces, single-story facilities one loading space, adjacent to each building entrance that provides common access to interior storage units. Each loading berth shall measure not less than 25 feet by 12 feet with an unobstructed vertical clearance of 14 feet six inches, and shall be surfaced, improved and maintained as required by the Engineering Development Manual.
J.
Any floor area additions or structural alterations to a building shall be required to provide loading space or spaces as set forth in this section.
K.
All parking lot lighting shall be nonglare and shielded to minimize direct illumination of abutting properties and adjacent streets.
L.
Electric Vehicle Signage.
1.
Electric vehicle charging stations available for public use shall have posted signage, as identified in this subsection L, allowing only charging electric vehicles to park in such spaces. For purposes of this subsection L, “charging” means that an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment.
2.
Signage for parking of electric vehicles shall include:
a.
Information about the charging station to identify voltage and amperage levels and any time of use, fees, or safety information.
b.
As appropriate, directional signs at appropriate decision points to effectively guide motorists to the charging station space(s).
3.
EV signage is exempt from a sign permit.
M.
Legally nonconforming parking spaces that do not conform to the requirements of this section may continue to be utilized to meet off-street parking requirements and are not required to be modified or resized, except for compliance with the Americans with Disabilities Act. Existing paved parking lots are not required to change the size of existing parking spaces during resurfacing.
(Ord. 238 Ch. V § 6(B-3), 2000; Ord. 299 § 1, 2002; Ord. 352 § 1, 2004; Ord. 391 § 4, 2005; Ord. 469 § 1, 2007; Ord. 560 § 4 (Exh. A), 2009; Ord. 654 § 1 (Exh. 1), 2013; Ord. 663 § 1 (Exh. 1), 2013; Ord. 669 § 1 (Exh. A), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 731 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. A), 2019; Ord. 907 § 1 (Exh. B), 2020; Ord. 930 § 1 (Exh. A-1), 2021; Ord. 959 § 1 (Exh. A), 2022; Ord. 984 § 1 (Exh. A), 2023; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.50.420 Vehicle access and circulation – Standards.
A.
Driveways providing ingress and egress between off-street parking areas and abutting streets shall be designed, located, and constructed in accordance with the adopted Engineering Development Manual.
B.
Driveways for nonresidential development may cross required setbacks or landscaped areas in order to provide access between the off-street parking areas and the street.
C.
Direct access from the street right-of-way to off-street parking areas shall be subject to the requirements of Chapter 20.60 SMC, Adequacy of Public Facilities, and the Engineering Development Manual.
D.
Businesses with drive-through windows shall provide stacking space to prevent any vehicles from extending onto the public right-of-way, or interfering with any pedestrian circulation, traffic maneuvering, or other parking space areas.
E.
A stacking space shall be an area measuring eight feet by 20 feet with direct forward access to a service window of a drive-through facility.
F.
Uses providing drive-up or drive-through services shall provide vehicle stacking spaces as follows:
1.
For each drive-up window, a minimum of five stacking spaces shall be provided.
G.
Alleys shall be used for loading and vehicle access to parking wherever practicable.
(Ord. 238 Ch. V § 6(B-4), 2000; Ord. 299 § 1, 2002; Ord. 469 § 1, 2007; Ord. 631 § 1 (Exh. 1), 2012; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.50.430 Nonmotorized access and circulation – Pedestrian access and circulation – Standards.
Repealed by Ord. 731.
(Ord. 238 Ch. V § 6(C-1), 2000; Ord. 581 § 1 (Exh. 1), 2010)
§ 20.50.440 Bicycle facilities – Standards.
A.
Purpose. The purpose of these standards is to:
1.
Provide bicycle parking in a safe, accessible, and convenient location to support a bicycle-friendly community;
2.
Address the circulation and access needs of people using bikes by requiring safe, attractive and direct access for bicyclists;
3.
Minimize conflicts between pedestrians, bicyclists and motorists through safe and well-designed parking, loading, access and circulation standards;
4.
Provide a space for securing a bicycle at any location, including both the space of the bicycle rack and the space to properly attach the bicycle to the rack; and
5.
Provide parking for cyclists of all ages and abilities.
B.
Areas devoted to bicycle parking shall not be used for any other purpose, except as authorized by this Code.
C.
Departures from the bicycle facilities standards may be granted, subject to administrative design review approval under SMC § 20.30.297.
D.
Short-term and long-term bicycle parking, as defined under SMC § 20.20.012, shall be required as part of the full site improvements identified in SMC § 20.50.230, or when compliance with parking standards is otherwise required.
E.
The following information must be submitted with applications for a construction or land use permit when bicycle parking is required:
1.
Location, access route to long-term bicycle parking and number of bicycle parking spaces for short-term and long-term bicycle parking requirements; and
2.
The model or design of the bicycle parking facilities to be installed; and
3.
Dimensions of all aisles and maneuvering areas.
F.
Bicycle Parking Rates.
1.
The minimum amounts of bicycle parking specified in Table 20.50.440.F.3 are required for all land uses and shall be developed and maintained pursuant to the provisions of this chapter. These amounts are subject to the following calculation rules:
a.
If the formula for determining the number of bicycle parking spaces results in a fraction, the number of required spaces shall be rounded to the nearest whole number, with fractions of 0.50 or greater rounding up and fractions below 0.50 rounding down.
b.
Sites with co-located uses such as shopping centers and mixed-use buildings are encouraged to share parking. Uses with peak parking expected at different times may share or combine parking.
2.
Exceptions.
a.
The Director may authorize an exemption from or reduction to bicycle parking requirements where the use serves a population where biking is unlikely, such as assisted living facilities or other uses serving people with special needs or disabilities.
b.
Neighborhood Commercial uses in NR zones shall provide two bike parking spaces. Off-street bike parking shall not be required if on-street bike parking is available within 200 feet of the property.
c.
When an existing, permitted commercial space converts to a new commercial use, no change to bike parking is required unless site improvements are required pursuant to SMC § 20.50.440.D.
Table 20.50.440(F)(3): Bicycle Parking Requirements | ||
|---|---|---|
Type of Use | Short-Term Bicycle Parking | Long-Term Bicycle Parking |
Residential Uses | ||
Single-Family and Middle Housing | None for developments with <30 units 1 per 15 dwellings | None |
Multifamily | 1 per 20 DU; Min 2; Maximum of 20 spaces required. | 1 per 2 DU; Min 2 |
Nonresidential Uses | ||
Professional Office; Research, Development and Testing | 1 per 20,000 SF; Min 2 | 1 per 12,000 SF; Min 2 |
Hotel/Motel | 1 per 20 rentable rooms plus 1 per 4,000 SF of conference and meeting rooms | 1 per 20 rooms; Min 2 |
General Retail Trade/Services | 1 per 2,000 SF; Min 2; Max 12 | 1 per 12,000 SF; Min 2 |
Eating and Drinking Establishments, Brewpub | 1 per 1,000 SF; Min 2; Max 12 | |
Clinics and Hospitals (including Veterinary Clinics) | 1 per 2,000 SF; Min 2; Max 12 | |
Daycares | 1 per 2 classrooms; Min 2 | |
Other Uses (Institutional, Recreation, etc.) | ||
K-12 Schools and similar (Specialized Instruction Schools, Vocational Schools) | 4 per classroom | 1 per classroom |
College/University | 1 per 2,500 SF; Min 2 | 1 per 12,000 SF; Min 2 |
Libraries, Museums, Government Uses and Buildings (Nonassembly) | 1 per 2,000 SF of publicly accessible area; Min 2 | |
Houses of Worship | 1 per 4,000 SF of assembly space; Min 2; Max 12 | 1 per 12,000 SF of assembly space; Min 2 |
Entertainment, Cultural and Recreation Uses (Ex: Theaters, Gymnasiums, Bowling Alleys, etc.) | 1 per 2,000 SF customer/public facing areas; Min 2 | 1 per 12,000 SF; Min 2 |
Parks | Subject to approval by the Director, based on amenities and land use characteristics | None unless staffed; Otherwise, 2. |
Unlisted Uses | Subject to approval by the Director based on details about use and land use characteristics | |
Note: DU = Dwelling unit, as defined in SMC § 20.20.016. |
Note: SF = Square feet. Square footage in this subchapter refers to net usable area and excludes walls, corridors, lobbies, bathrooms, etc. |
Note: Where maximums are indicated, this is the maximum number of required stalls. The code does not limit how many bike parking spaces may be located on a site. |
G.
Bicycle Parking Design Standards.
1.
Design and Installation.
a.
A bicycle parking space shall be in a paved, lighted area with access to a right-of-way without the use of stairs, and shall consist of either:
i.
One side of a securely fixed “inverted U,” “staple,” or “loop” style rack element as shown in Figure 20.50.440(G)(1)(a) that supports the bicycle upright by its frame, prevents the bicycle from tipping over, and allows the frame and at least one wheel to be locked to the rack element with one lock; or
ii.
A bicycle locker constructed of theft-resistant material with a lockable door which opens to the full width and height of the locker. Bicycle lockers shall be weather-proof if exposed to the elements; or
iii.
For long-term bicycle parking only, wall-mounted “vertical” racks or “two-tier” racks as shown in Figure 20.50.440(G)(1)(a)(iii). No more than 75 percent of long-term bicycle parking may be vertical or two-tier racks.
Figure 20.50.440(G)(1)(a): Samples of compliant short-term bicycle parking racks.  Inverted U, also called staple or loop racks. A maximum tube or material diameter of two inches works with most bicycle locks. |
Figure 20.50.440(G)(1)(a)(iii): Samples of long-term bicycle parking racks for nonlocker facilities.  Vertical. Typically used for secured or indoor parking.  Two-Tier. Typically used for indoor parking. Requires maintenance for moving parts. |
b.
Bicycle parking facilities shall adhere to the required clearances detailed herein and shown in Figure 20.50.440(G)(1)(b)(i) and standard bike sizes in Figure 20.50.440(G)(1)(b)(ii).
i.
Each bicycle parking space shall be no less than two and a half feet feet in width by six feet in length to allow sufficient space between parked bicycles. Wedge-shaped spaces may be narrower than two and a half feet feet at one end.
ii.
At least one bicycling parking space per bike parking area shall accommodate a family or cargo bike, with no less than three feet in width by eight feet in length.
iii.
Each row of bicycle parking spaces shall be served by an aisle no less than four feet wide. The closest edge of rack elements must be placed at least two feet from walls, fences or curbs.
c.
Required bicycle parking may not be tandem; parking or removing a bicycle shall not require moving another parked bicycle.
d.
Bicycle rack elements shall be fixed, securely anchored to the ground or to a structure by means that resist tampering or removal. Bicycle locker edges shall be secured with no exposed fittings or connectors.
e.
Long-term bicycle parking areas with four or more required spaces must provide an outlet for charging electric bikes.
Figure 20.50.440(G)(1)(b)(i): Bicycle Parking Facility Clearances Recommended clearances are given first, with required minimums in parentheses where appropriate. The footprint of a typical bicycle is approximately six feet by two feet, though cargo bicycles and bikes with trailers can extend to eight to 10 feet or longer. There must be at least four feet behind all bicycle parking spaces to allow room for bicycle maneuvering. Racks must be at least two feet from any walls, and three feet from other racks. |
.tif.SM.png) |
Figure 20.50.440(G)(1)(b)(ii): Standard Bike Sizes The standard bicycle space is six feet long, two feet wide, and three feet, four inches tall. .tif.SM.png) |
2.
Location.
a.
Bicycle parking shall be located near main building entrances. The main building entrance excludes garage entrances, trash room entrances, and other building entrances that are not publicly accessible.
i.
Long-term bicycle parking shall be covered or otherwise protected from the weather. These spaces may be provided in one or more of the following locations:
(A)
Within a building, including on the ground floor or on individual building floors; or
(B)
On site, including in parking areas and structured parking; or
(C)
In any area where the closest point is within 300 feet of the site; or
(D)
In a residential dwelling unit. Up to 80 percent of long-term bicycle parking spaces may be provided in a residential dwelling unit if they meet all of the following items. In-unit spaces are exempt from design standards in SMC § 20.50.440(G)(1).
(1)
The bicycle parking is located in a closet, alcove, balcony or similar space of the dwelling unit that meets the standard bicycle parking spacing dimensions in Figure 20.50.440(G)(1)(b)(ii);
(2)
For buildings with no elevators, only ground-floor units may have their bike parking within units; and
(3)
The development shall have a shared bike repair station amenity, including a pump, for fixing flat tires and making minor adjustments;
(4)
Short-term bicycle parking shall be placed within 50 feet of the main entrance to the building or tenant space and shall be located in highly visible areas with lighting of not less than one foot-candle of illumination at ground level.
b.
Bicycle parking facilities shall be protected by a physical barrier such as curbs, wheel stops, poles, bollards, or other similar features capable of preventing automobiles from entering the bicycle facility.
c.
Bicycle parking facilities shall not impede pedestrian or vehicular circulation.
d.
Short-term bicycle parking may be provided in the public right-of-way only when approved by the Director of Public Works.
(Ord. 1043 § 1 (Exh. A), 2025)
§ 20.50.450 Purpose.
The purposes of this subchapter are:
A.
To enhance the visual continuity within and between neighborhoods.
B.
To establish at least an urban tree canopy through landscaping and street trees.
C.
To screen areas of low visual interests and buffer potentially incompatible developments.
D.
To complement the site and building design with landscaping.
(Ord. 238 Ch. V § 7(A), 2000; Ord. 907 § 1 (Exh. A), 2020)
§ 20.50.455 Thresholds – Required site improvements.
Repealed by Ord. 654.
(Ord. 299 § 1, 2002; Ord. 515 § 1, 2008; Ord. 581 § 1 (Exh. 1), 2010)
§ 20.50.457 Administrative design review.
Administrative design review approval under SMC § 20.30.297 is required for all development applications that propose departures from the landscape standards in this subchapter.
(Ord. 930 § 1 (Exh. A-1), 2021)
§ 20.50.460 Landscaping – Types of landscaping screens – Standards.
A.
Type I landscaping is a “full screen” that functions as a visual barrier. Type I landscaping shall minimally consist of:
1.
A mix of primarily evergreen trees and shrubs generally interspersed throughout the land-scaped strip and spaced to form a continuous screen.
2.
Eighty percent of trees and shrubs shall be evergreen.
3.
Trees planted at 10 feet in height, at the rate of one tree per 10 linear feet of landscaped strip and spaced no more than 15 feet apart.
4.
Shrubs planted from five-gallon containers or at 30 inches in height and spaced no more than three feet apart on center.
5.
Ground covers planted from minimally four-inch pots and spaced no more than 18 inches apart.
B.
Type II landscaping is a “filtered screen” that functions as a partial visual separator to soften the appearance of parking areas and building elevations. Type II landscaping shall minimally consist of:
1.
Trees generally interspersed throughout the landscaped strip and spaced to create a continuous canopy.
2.
Provide a mix of deciduous and evergreen trees and shrubs.
3.
Trees planted at 1.5-inch caliper, at the rate of one per 25 linear feet of landscaped strip and spaced no more than 30 feet apart on center.
4.
Shrubs planted from five-gallon containers or at 24 inches in height and spaced no more than four feet apart on center.
5.
Ground covers planted from minimally four-inch pots and spaced no more than 18 inches apart.
C.
Existing, healthy trees and shrubs, vegetated critical areas, landscaped bio-swales, or trees and their area within the dripline may substitute for required landscaping tree-for-tree and area-for-area. In order to promote the retention of existing mature trees during site development, credit shall be given for one additional required tree if the retained tree is significant. (See Subchapter 5 of this chapter, Tree Conservation, Land Clearing, and Site Grading Standards, and Chapter 20.80 SMC, Critical Areas, for additional requirements).
(Ord. 238 Ch. V § 7(B-1), 2000; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.470 Street frontage landscaping for parking lots.
A.
Provide a five-foot-wide, Type II landscaping that incorporates a continuous masonry wall between three and four feet in height. The landscape shall be located between the public sidewalk or residential units and the wall; or
B.
Provide at least 10-foot-wide, Type II landscaping.
C.
All parking lots shall be separated from ground-level, residential development by the required setback and planted with Type I landscaping.
 20.50.470(A) Parking lot planting buffer with low wall |  20.50.470(B) 10-foot parking lot buffer with Type II landscaping |
D.
Vehicle Display Areas Landscaping. Shall be determined by the Director through administrative design review under SMC § 20.30.297. Subject to the Director’s discretion to reduce or vary the depth, landscaped areas shall be at least 10 feet deep relative to the front property line. Vehicle display areas shall be framed by appropriate landscape materials along the front property line. While allowing the vehicles on display to remain plainly visible from the public rights-of-way, these materials shall be configured to create a clear visual break between the hardscape in the public rights-of-way and the hardscape of the vehicle display area. Appropriate landscape construction materials shall include any combination of low (three feet or less in height) walls or earthen berms with ground cover, shrubs, trees, trellises, or arbors.
(Ord. 238 Ch. V § 7(B-2), 2000; Ord. 560 § 4 (Exh. A), 2009; Ord. 581 § 1 (Exh. 1), 2010; Ord. 654 § 1 (Exh. 1), 2013; Ord. 789 § 1 (Exh. A), 2018)
§ 20.50.480 Street trees and landscaping within the right-of-way – Standards.
A.
When frontage improvements are required by Chapter 20.70 SMC, street trees are required for all commercial, office, public facilities, industrial, multifamily developments, and for residential developments on all arterial streets.
B.
Frontage landscaping may be placed within City street rights-of-way subject to review and approval by the Director. Adequate space should be maintained along the street line to replant the required landscaping should subsequent street improvements require the removal of landscaping within the rights-of-way.
C.
Street trees and landscaping must meet the standards for the specific street classification abutting the property as depicted in the Engineering Development Guide including but not limited to size, spacing, and site distance. All street trees must be selected from the City-approved street tree list.
(Ord. 238 Ch. V § 7(B-3), 2000; Ord. 406 § 1, 2006; Ord. 581 § 1 (Exh. 1), 2010; Ord. 731 § 1 (Exh. A), 2015; Ord. 739 § 1 (Exh. A), 2016; Ord. 984 § 1 (Exh. A), 2023; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.485 Front facade landscaping, single-family attached and mixed single-family attached developments – Standards.
A.
The portion of the building adjacent to public rights-of-way shall have landscaping along the building facade. Foundation landscaping shall abut the building (while allowing the necessary space for growth) and shall be used or installed in such a manner so as to screen mechanical equipment attached to or adjacent to the building, provide direction to and enhance entrances and pedestrian pathways, and provide visual breaks along building facades.
B.
1.
Landscaping shall be provided at a depth of at least 50 percent of the required front yard setback. The depth of required landscaping for properties with frontage on 145th Street or 185th Street shall be calculated by subtracting the amount of right-of-way dedication easement.
2.
If a property has a required setback of zero feet, landscaping shall be provided at a depth of at least four feet and width at least 30 percent of the unit width. The required landscaping shall abut the entry. For example, if the unit width is 20 feet, the landscaping next to the entry shall be a minimum of six feet wide.
C.
Foundation plantings may be comprised of trees, shrubs, accent plants, ornamental grasses, and ground cover in any combination; provided, that no more than 50 percent of the total required landscaping area consists of ground cover.
D.
At least one three-gallon shrub for every three lineal feet of foundation shall be provided.
E.
Shrubs shall be a mix of deciduous and evergreens.
F.
When calculating the minimum number of required plants, the linear distance of openings for doors entering the building shall be excluded.
  Front Facade Landscaping Illustrations |
(Ord. 871 § 1 (Exh. A), 2020)
§ 20.50.490 Landscaping along interior lot line – Standards.
A.
Type I landscaping in a width determined by the setback requirement shall be included in all nonresidential development along any portion adjacent to residential development. All other nonresidential development adjacent to other nonresidential development shall use Type II landscaping within the required setback. If the setback is zero feet then no landscaping is required.
B.
Multifamily development shall use Type I landscaping when adjacent to other forms of residential development and Type II landscaping when adjacent to multifamily residential and commercial development within the required yard setback. Single-family attached and mixed single-family developments in the MUR or TC-4 zones shall use Type I landscaping when adjacent to NR zones, and Type II landscaping when adjacent to all other zoning districts. Single-family attached and mixed single-family developments that have a shared access drive with an abutting property are exempt from this requirement on the side with the shared access drive.
 Single-Family Attached and Mixed Single-Family Interior Landscaping Illustration |
C.
A 20-foot width of Type I landscaping shall be provided for institutional and public facility development adjacent to residential development. Portions of the development that are unlit play-grounds, playfields, and parks are excluded.
D.
Parking lots shall be screened from residential dwelling units by a fence, wall, plants or combination to block vehicle headlights.
 Figure 20.50.490(D): Example of parking screened from single-family house. |
(Ord. 238 Ch. V § 7(B-4), 2000; Ord. 299 § 1, 2002; Ord. 789 § 1 (Exh. A), 2018; Ord. 871 § 1 (Exh. A), 2020; Ord. 984 § 1 (Exh. A), 2023; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.500 Internal landscaping for parking area.
Required parking area landscaping shall include landscape areas that are located in areas within or adjacent to parking areas. However, landscaping designed to meet perimeter landscaping requirements cannot also be used to meet parking lot landscaping requirements.
A.
Multifamily developments with common parking areas shall provide planting areas in parking lots at a rate of 20 square feet per parking stall.
B.
Commercial, office, industrial or institutional developments shall provide landscaping at a rate of:
1.
Twenty square feet per parking stall when 10 to 30 parking stalls are provided; or
2.
Twenty-five square feet per parking stall when 31 or more parking stalls are provided.
C.
Trees shall be provided and distributed throughout the parking area at a rate of one tree for every 10 parking stalls.
D.
Permanent curbs or structural barriers shall be provided to protect shrubs and trees from vehicle bumpers. Landscaping under vehicle overhang shall not be included in required landscape area calculations.
E.
Parking area landscaping shall require:
1.
At least 60 square feet with a lineal dimension of no less than four feet;
2.
Shrubs planted from five-gallon containers or at 24 inches in height and spaced no more than four feet apart on center;
3.
Ground covers planted from minimally four-inch pots and spaced no more than 18 inches apart;
4.
Trees planted at least 1.5 inches caliper in size;
5.
Gaps in curbs are allowed for stormwater runoff; and
6.
Natural drainage landscapes (such as rain gardens, biofiltration swales and bioretention planters) when designed in compliance with the stormwater design manual.
(Ord. 238 Ch. V § 7(B-5), 2000; Ord. 654 § 1 (Exh. 1), 2013; Ord. 669 § 1 (Exh. A), 2013; Ord. 984 § 1 (Exh. A), 2023; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.510 Alternative landscape design.
Alternative landscape designs may be allowed, subject to City approval, if the design accomplishes equal or better levels of Type I or II landscaping.
A.
The average width of the perimeter landscape area may be reduced 25 percent along interior property lines where:
1.
Berms at least three feet in height (2:1 slope) or walls and fences at least six feet in height are incorporated into the landscape design; or
2.
Plant material that would be required is located elsewhere on site.
B.
When an existing structure precludes installation of the required site perimeter landscape area then the plant material shall be incorporated on another portion of the site.
(Ord. 238 Ch. V § 7(B-6), 2000)
§ 20.50.520 General standards for landscape installation and maintenance.
A.
Berms shall not exceed a slope of two horizontal feet to one vertical foot (2:1).
B.
All new turf areas, except all-weather or sand-based athletic fields, shall be augmented with a two-inch layer of organic material cultivated a minimum of six inches deep or have an organic content of five percent or more to a depth of six inches.
C.
Except as specifically outlined for turf areas in subsection (B) of this section, the organic content of soils in any landscape area shall be as necessary to provide adequate nutrient and moisture-retention levels for the establishment of plantings.
D.
Landscape areas, except turf or areas of established ground cover, shall be covered with at least two inches of mulch to minimize evaporation.
E.
Plant selection shall consider adaptability to climatic, geologic, and topographical conditions of the site. Preservation of existing vegetation is encouraged.
F.
All plants shall conform to American Association of Nurserymen (AAN) grades and standards as published in the “American Standard for Nursery Stock” manual; provided, that existing healthy vegetation used to augment new plantings shall not be required to meet the standards of this manual.
G.
Multiple-stemmed trees shall be permitted as an option to single-stemmed trees; provided, that such multiple-stemmed trees are at least 10 feet in height and not allowed within street rights-of-way.
H.
When the width of any landscape strip is 20 feet or greater, the required trees shall be staggered to avoid the appearance of a single row of trees.
I.
All fences shall be placed on the inward side of any required perimeter landscaping when adjacent to a public right-of-way and on the outward side of the required landscaping or on the property line when adjacent to private property.
J.
Required street landscaping may be placed within Washington State rights-of-way subject to permission of the Washington State Department of Transportation.
K.
New landscape material shall be indigenous plant species within areas of undisturbed vegetation, within critical areas or their buffers or within the protected area of significant trees; provided, that pesticide and chemical fertilizer may be restricted within these landscaped areas.
L.
All landscaping shall be installed according to sound horticultural practices in a manner designed to encourage quick establishment and healthy plant growth. All landscaping shall either be installed or the installation shall be secured with a letter of credit, escrow, or performance bond for 125 percent of the value of the landscaping prior to the issuance of a certificate of occupancy for any building in such phase.
M.
Trees and vegetation, fences, walls and other landscape elements shall be considered as elements of the project in the same manner as parking, building materials and other site details. The applicant, landowner or successors in interest shall be responsible for the regular maintenance of all landscaping elements in good condition.
N.
Applicants shall provide a landscape maintenance and replacement agreement to the City prior to issuance of a certificate of occupancy.
O.
Landscape plans and utility plans shall be coordinated. The placement of trees and large shrubs shall accommodate the location of required utilities both above and below ground. Location of plants and trees shall be based on the mature canopy and root zone. Root zone shall be determined using the International Society of Arboriculture’s recommended calculation for identifying tree protection area. Mature tree and shrub canopies may not reach an aboveground utility such as street lights and power lines. Mature tree and shrub root zones may overlap utility trenches as long as 80 percent of the root zone is unaffected.
P.
Adjustment of plant location does not reduce the number of plants required for landscaping.
Q.
Sight distance triangle for visual clearances shall be established and maintained. The criteria for sight distance and visual clearances are contained in and consistent with the Engineering Development Guide for all driveway exits and entrances and street corners.
(Ord. 238 Ch. V § 7(B-7), 2000; Ord. 581 § 1 (Exh. 1), 2010; Ord. 591 § 1 (Exh. A), 2010)
§ 20.50.530 Purpose.
The purposes of this subchapter are:
A.
To provide standards for the effective use of signs as a means of identification that enhances the aesthetics of business properties and economic viability.
B.
To protect the public interest and safety by minimizing the possible adverse effects of signs on nearby properties and traffic safety.
C.
To establish regulations for the type, number, location, size, and lighting of signs that are complementary with the building use and compatible with their surroundings.
(Ord. 238 Ch. V § 8(A), 2000; Ord. 299 § 1, 2002; Ord. 654 § 1 (Exh. 1), 2013)
§ 20.50.532 Permit required.
A.
Except as provided in this chapter, no temporary or permanent sign may be constructed, installed, posted, displayed or modified without first obtaining a sign permit approving the proposed sign’s size, design, location, and display.
B.
No permit is required for normal and ordinary maintenance and repair, and changes to the graphics, symbols, or copy of a sign, without affecting the size, structural design or height. Exempt changes to the graphics, symbols or copy of a sign must meet the standards for permitted illumination.
C.
Installation or replacement of electronic changing message or reader board signs requires a permit and must comply with Exception 20.50.550(A)(2) and SMC § 20.50.590.
D.
Sign applications that propose to depart from the standards of this subchapter must receive an administrative design review approval under SMC § 20.30.297 for all signs on the property as a comprehensive signage package.
E.
Applications for property located within the Aurora Square Community Renewal Area, as defined by Resolution 333, shall be subject to SMC § 20.50.620.
(Ord. 654 § 1 (Exh. 1), 2013; Ord. 695 § 1 (Exh. A), 2014; Ord. 712 § 1 (Exh. A), 2015)
§ 20.50.535 Thresholds – Required site improvements.
Repealed by Ord. 654.
(Ord. 299 § 1, 2002; Ord. 515 § 1, 2008; Ord. 581 § 1 (Exh. 1), 2010)
§ 20.50.540 Sign design.
A.
Sight Distance. No sign shall be located or designed to interfere with visibility required by the City of Shoreline for the safe movement of pedestrians, bicycles, and vehicles.
B.
Private Signs on City Right-of-Way. No private signs shall be located partially or completely in a public right-of-way unless a right-of-way permit has been approved consistent with Chapter 12.15 SMC and is allowed under SMC §§ 20.50.540 through 20.50.610.
C.
Sign Copy Area. Calculation of sign area shall use rectangular areas that enclose each portion of the signage such as words, logos, graphics, and symbols other than nonilluminated background. Sign area for signs that project out from a building or are perpendicular to street frontage are measured on one side even though both sides can have copy.
D.
Building Addresses. Building addresses should be installed on all buildings consistent with SMC § 20.70.250(C) and will not be counted as sign copy area.
E.
Materials and Design. All signs, except temporary signs, must be constructed of durable, maintainable materials. Signs that are made of materials that deteriorate quickly or that feature impermanent construction are not permitted for permanent signage. For example, plywood or plastic sheets without a sign face overlay or without a frame to protect exposed edges are not permitted for permanent signage.
F.
Illumination. Where illumination is permitted per Table 20.50.540(G) the following standards must be met:
1.
Channel lettering or individual backlit letters mounted on a wall, or individual letters placed on a raceway, where light only shines through the copy.
2.
Opaque cabinet signs where light only shines through copy openings.
3.
Shadow lighting, where letters are backlit, but light only shines through the edges of the copy.
4.
Neon signs.
5.
All external light sources illuminating signs shall be less than six feet from the sign and shielded to prevent direct lighting from entering adjacent property.
 Individual backlit letters (left image), opaque signs where only the light shines through the copy (center image), and neon signs (right image). |
G.
Table 20.50.540(G) – Sign Dimensions.
A property may use a combination of the four types of signs listed below.
Refer to SMC § 20.50.620 for the Aurora Square Community Renewal Area sign regulations.
All NR Zones, MUR-35', Campus, PA 3 and TC-4 | MUR-45', MUR-70', NB, CB and TC-3 (1) | MB, TC-1 and TC-2 | |
|---|---|---|---|
MONUMENT SIGNS: | |||
Maximum Area Per Sign Face | 4 sq. ft. (home occupation, day care, adult family home, residential care facilities, bed and breakfast) 25 sq. ft. (nonresidential use, residential subdivision or multifamily development) 32 sq. ft. (schools and parks) | 50 sq. ft. | 100 sq. ft. |
Maximum Height | 42 inches | 6 feet | 12 feet |
Maximum Number Permitted | 1 per street frontage | 1 per street frontage | 1 per street frontage |
Two per street frontage if the frontage is greater than 250 ft. and each sign is minimally 150 ft. apart from other signs on same property. | |||
Illumination | Permitted | Permitted | |
BUILDING-MOUNTED SIGNS: | |||
Maximum Sign Area | Same as for monument signs | 25 sq. ft. (each tenant) Building Directory 10 sq. ft. Building Name Sign 25 sq. ft. | 50 sq. ft. (each tenant) Building Directory 10 sq. ft. Building Name Sign 25 sq. ft. |
Maximum Height | Not to extend above the building parapet, soffit, or eave line of the roof. If perpendicular to building then 9-foot clearance above walkway. | ||
Number Permitted | 1 per street frontage | 1 per business per facade facing street frontage or parking lot. | |
Illumination | Permitted | Permitted | Permitted |
UNDER-AWNING SIGNS | |||
Maximum Sign Area | 6 sq. ft. (Nonresidential uses, schools, residential subdivision or multifamily development) | 12 sq. ft. | |
Minimum Clearance from Grade | 9 feet | ||
Maximum Height (ft.) | Not to extend above or beyond awning, canopy, or other overhanging feature of a building under which the sign is suspended | ||
Number Permitted | 1 per business | 1 per business per facade facing street frontage or parking lot. | |
Illumination | Prohibited | Permitted | |
DRIVEWAY ENTRANCE/EXIT: | |||
Maximum Sign Area | 4 sq. ft. (Nonresidential uses, schools, residential subdivision or multifamily development) | 8 sq. ft. | |
Maximum Height | 42 inches | 48 inches | |
Number Permitted | 1 per driveway | ||
Illumination | Permitted | Permitted | |
Exceptions to Table 20.50.540(G): |
(1) The monument sign standards for MB, TC-1, and TC-2 apply on properties zoned NB, CB, and TC-3 where the parcel has frontage on a State Route, including SR 99, 104, 522, and 523. |
(2) Sign mounted on fence or retaining wall may be substituted for building-mounted or monument signs so long as it meets the standards for that sign type and does not increase the total amount of allowable signage for the property. |
H.
Window Signs. Window signs are permitted to occupy maximum 25 percent of the total window area in zones MUR-45', MUR-70', NB, CB, MB, TC-1, TC-2, and TC-3. Window signs are exempt from permit if non-illuminated and do not require a permit under the building code.
I.
A-Frame Signs. A-frame, or sandwich board, signs are exempt from permit but allowed only in the MUR-45', MUR-70', NB, CB, MB, and TC-1, TC-2, and TC-3 zones subject to the following standards:
1.
Maximum one sign per business;
2.
Must be directly in front of the business with the business’ name and may be located on the City right-of-way where the property on which the business is located has street frontage;
3.
Cannot be located within the required clearance for sidewalks and internal walkways as defined for the specific street classification or internal circulation requirements;
4.
Shall not be placed in landscaping, within two feet of the street curb where there is on-street parking, public walkways, or crosswalk ramps;
5.
Maximum two feet wide and three feet tall, not to exceed six square feet in area;
6.
No lighting of signs is permitted;
7.
All signs shall be removed from display when the business closes each day; and
8.
A-frame/sandwich board signs are not considered structures.
J.
Other Residential Signs. One sign maximum for home occupations, day cares, adult family homes and bed and breakfasts which are located in NR zones, MUR-35' or TC-4 not exceeding four square feet in area is exempt from permit. It may be mounted on the residence, fence or freestanding on the property, but must be located on the subject property and not on the City right-of-way or adjacent parcels.
(Ord. 238 Ch. V § 8(B), 2000; Ord. 299 § 1, 2002; Ord. 352 § 1, 2004; Ord. 560 § 4 (Exh. A), 2009; Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017; Ord. 824 § 1 (Exh. A), 2018; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.50.550 Prohibited signs.
A.
Spinning devices; flashing lights; searchlights, electronic changing messages or reader board signs.
Exception 20.50.550(A)(1): Traditional barber pole signs allowed only in MUR-45', MUR-70', NB, CB, MB and TC-1 and 3 zones.
Exception 20.50.550(A)(2): Electronic changing message or reader boards are permitted in CB and MB zones if they do not have moving messages or messages that change or animate at intervals less than 20 seconds. Replacement of existing, legally established electronic changing message or reader boards in existing signs is allowed, but the intervals for changing or animating messages must meet the provisions of this section, as well as SMC §§ 20.50.532 and 20.50.590. Maximum one electronic changing message or reader board sign is permitted per parcel. Digital signs which change or animate at intervals less than 20 seconds will be considered blinking or flashing and are not allowed.
B.
Portable signs, except A-frame signs as allowed by SMC § 20.50.540(I).
C.
Outdoor off-premises advertising signs (billboards).
D.
Signs mounted on the roof.
E.
Pole signs.
F.
Backlit awnings used as signs.
G.
Pennants; swooper flags; feather flags; pole banners; inflatables; and signs mounted on vehicles.
(Ord. 238 Ch. V § 8(C), 2000; Ord. 299 § 1, 2002; Ord. 369 § 1, 2005; Ord. 560 § 4 (Exh. A), 2009; Ord. 631 § 1 (Exh. 1), 2012; Ord. 654 § 1 (Exh. 1), 2013; Ord. 695 § 1 (Exh. A), 2014; Ord. 706 § 1 (Exh. A), 2015)
§ 20.50.560 Monument signs.
A.
A solid-appearing base is required under at least 75 percent of sign width from the ground to the base of the sign or the sign itself may start at grade.
B.
Monument signs must be double-sided if the back is visible from the street.
C.
Use materials and architectural design elements that are consistent with the architecture of the buildings.
(Ord. 238 Ch. V § 8(D-1), 2000; Ord. 299 § 1, 2002; Ord. 352 § 1, 2004; Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015)
§ 20.50.570 Building-mounted signs.
A.
Building signs shall not cover building trim or ornamentation.
B.
Projecting, awning, canopy, and marquee signs (above awnings) shall clear sidewalk by nine feet and not project beyond the awning extension or eight feet, whichever is less. These signs may project into public rights-of-way, subject to City approval.
(Ord. 238 Ch. V § 8(D-2), 2000; Ord. 299 § 1, 2002; Ord. 560 § 4 (Exh. A), 2009; Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015)
§ 20.50.580 Under-awning signs.
These signs may project into public rights-of-way, subject to City approval.
(Ord. 238 Ch. V § 8(D-3), 2000; Ord. 299 § 1, 2002; Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015)
§ 20.50.590 Nonconforming signs.
A.
Nonconforming signs shall not be altered in size, shape, height, location, or structural components without being brought to compliance with the requirements of this Code. Repair and maintenance are allowable, but may require a sign permit if structural components require repair or replacement.
B.
Billboards now in existence are declared nonconforming and may remain subject to the following restrictions:
1.
Shall not be increased in size or elevation, nor shall be relocated to another location.
2.
Installation of electronic changing message or reader boards in existing billboards is prohibited.
3.
Shall be kept in good repair and maintained.
4.
Any outdoor advertising sign not meeting these restrictions shall be removed within 30 days of the date when an order by the City to remove such sign is given.
C.
Electronic changing message or reader boards may not be installed in existing, nonconforming signs without bringing the sign into compliance with the requirements of this code, including Exception 20.50.550(A)(2).
Exception 20.50.590(C)(1): Regardless of zone, replacement or repair of existing, legally established electronic changing message or reader boards is allowed without bringing other nonconforming characteristics of a sign into compliance, so long as the size of the reader board does not increase and the provisions of SMC § 20.50.532 and the change or animation provisions of Exception 20.50.550(A)(2) are met.
(Ord. 238 Ch. V § 8(E), 2000; Ord. 299 § 1, 2002; Ord. 654 § 1 (Exh. 1), 2013; Ord. 695 § 1 (Exh. A), 2014; Ord. 706 § 1 (Exh. A), 2015)
§ 20.50.600 Temporary signs.
A.
General Requirements. Certain temporary signs not exempted by SMC § 20.50.610 shall be allowable under the conditions listed below. All signs shall be nonilluminated. Any of the signs or objects included in this section are illegal if they are not securely attached, create a traffic hazard, or are not maintained in good condition. No temporary signs shall be posted or placed upon public property unless explicitly allowed or approved by the City through the applicable right-of-way permit. Except as otherwise described under this section, no permit is necessary for allowed temporary signs.
B.
Temporary On-Premises Business Signs. Temporary banners are permitted in zones MUR-45', MUR-70', NB, CB, MB, TC-1, TC-2, and TC-3 or for schools and houses of worship in all residential zones to announce sales or special events such as grand openings, or prior to the installation of permanent business signs. Such temporary business signs shall:
1.
Be limited to not more than one sign per street frontage per business, place of worship, or school;
2.
Be limited to 32 square feet in area;
3.
Not be displayed for a period to exceed a total of 60 calendar days effective from the date of installation and not more than four such 60-day periods are allowed in any 12-month period; and
4.
Be removed immediately upon conclusion of the sale, event or installation of the permanent business signage.
C.
Construction Signs. Banner or rigid signs (such as plywood or plastic) identifying the architects, engineers, contractors or other individuals or firms involved with the construction of a building or announcing purpose for which the building is intended. Total signage area for both new construction and remodeling shall be a maximum of 32 square feet. Signs shall be installed only upon City approval of the development permit, new construction or tenant improvement permit and shall be removed within seven days of final inspection or expiration of the building permit.
D.
Temporary signs not allowed under this section and which are not explicitly prohibited may be considered for approval under a temporary use permit under SMC § 20.30.295 or as part of administrative design review for a comprehensive signage plan for the site.
(Ord. 238 Ch. V § 8(F), 2000; Ord. 299 § 1, 2002; Ord. 654 § 1 (Exh. 1), 2013; Ord. 695 § 1 (Exh. A), 2014; Ord. 706 § 1 (Exh. A), 2015)
§ 20.50.610 Exempt signs.
The following are exempt from the provisions of this chapter, except that all exempt signs must comply with SMC § 20.50.540(A), Sight Distance, and SMC § 20.50.540(B), Private Signs on City Right-of-Way:
A.
Historic site markers or plaques and gravestones.
B.
Signs required by law, including but not limited to:
1.
Official or legal notices issued and posted by any public agency or court; or
2.
Traffic directional or warning signs.
C.
Plaques, tablets or inscriptions indicating the name of a building, date of erection, or other commemorative information, which are an integral part of the building structure or are attached flat to the face of the building, not illuminated, and do not exceed four square feet in surface area.
D.
Incidental signs, which shall not exceed two square feet in surface area; provided, that said size limitation shall not apply to signs providing directions, warnings or information when established and maintained by a public agency.
E.
State or Federal flags.
F.
Religious symbols.
G.
The flag of a commercial institution, provided no more than one flag is permitted per business premises; and further provided, the flag does not exceed 20 square feet in surface area.
H.
Neighborhood identification signs with approved placement and design by the City.
I.
Neighborhood and business block watch signs with approved placement of standardized signs acquired through the City of Shoreline Police Department.
J.
Plaques, signs or markers for landmark tree designation with approved placement and design by the City.
K.
Real estate signs not exceeding four square feet and five feet in height in residential zones and 24 square feet and seven feet in height in commercial zones located on subject parcel(s), not on City right-of-way. A single fixed sign may be located on the property to be sold, rented or leased, and shall be removed within seven days from the completion of the sale, lease or rental transaction.
L.
City-sponsored event signs up for no more than two weeks.
M.
Gateway signs constructed in compliance with the Gateway Policy and Guideline Manual.
N.
Parks signs constructed in compliance with the Parks Sign Design Guidelines and Installation Details as approved by the Parks Board and the Director. Departures from these approved guidelines may be reviewed as departures through the administrative design review process and may require a sign permit for installation.
O.
Garage sale signs not exceeding four square feet per sign face and not advertising for a period longer than 48 hours.
P.
City land-use public notification signs.
Q.
Menu signs used only in conjunction with drive-through windows, and which contains a price list of items for sale at that drive-through establishment. Menu signs cannot be used to advertise the business to passersby: text and logos must be of a size that can only be read by drive-through customers. A building permit may be required for menu signs based on the size of the structure proposed.
R.
Campaign signs that comply with size, location and duration limits provided in Shoreline Administrative Rules.
(Ord. 238 Ch. V § 8(G), 2000; Ord. 299 § 1, 2002; Ord. 319 § 1, 2003; Ord. 654 § 1 (Exh. 1), 2013; Ord. 695 § 1 (Exh. A), 2014)
§ 20.50.620 Shoreline Place (Aurora Square Community Renewal Area) sign standards.
A.
Purpose. The purposes of this section are:
1.
To provide standards for the effective use of signs as a means of business identification that enhances the aesthetics of business properties and economic viability.
2.
To provide a cohesive and attractive public image of the Shoreline Place development.
3.
To protect the public interest and safety by minimizing the possible adverse effects of signs.
4.
To establish regulations for the type, number, location, size, and lighting of signs that are complementary with the building use and compatible with their surroundings.
B.
Location Where Applicable. Map 20.50.620.B illustrates the Aurora Square CRA where the sign standards defined in this section apply.
 |
C.
Definitions. The following definitions apply to this section:
Building-Mounted Sign | A sign permanently attached to a building, including flush-mounted, projecting, awning, canopy, or marquee signs. Under-awning or blade signs are regulated separately. |
CRA | Aurora Square Community Renewal Area, as defined by Resolution 333, the Aurora Square Community Renewal Area Plan, and Map 20.50.620.B. |
Monument Sign | A freestanding sign with a solid-appearing base under at least 75 percent of sign width from the ground to the base of the sign or the sign itself may start at grade. Monument signs may also consist of cabinet or channel letters mounted on a fence, freestanding wall, or retaining wall where the total height of the structure meets the limitations of this code. |
Portable Sign | A sign that is readily capable of being moved or removed, whether attached or affixed to the ground or any structure that is typically intended for temporary display. |
Pylon Sign | A freestanding sign with a visible support structure or with the support structure enclosed with a pole cover. |
Shoreline Place | That portion of the Aurora Square CRA envisioned in the CRA Renewal Plan as interrelated retail, service, and residential use. |
Shoreline Place Signage Design Guidelines[1] | The set of design standards adopted by the City that specifies the common name, logo, taglines, fonts, colors, and sign standards used on freestanding signs throughout Shoreline Place. |
Temporary Sign | A sign that is only permitted to be displayed for a limited period of time, after which it must be removed. |
Under-Awning Sign | A sign suspended below a canopy, awning or other overhanging feature of a building. |
Wayfinding Sign Post | A sign with multiple individual panels acting as directional pointers that are suspended from a freestanding post. |
Window Sign | A sign applied to a window or mounted or suspended directly behind a window. |
[1]
Editor's Note: Shoreline Place Signage Design Guidelines is included as an attachment to this title.
D.
Permit Required.
1.
Except as provided in this section, no permanent sign may be constructed, installed, posted, displayed or modified without first obtaining a sign permit approving the proposed sign’s size, design, location, and, where applicable, adherence to the Shoreline Place signage design guidelines.
2.
No permit is required for normal and ordinary maintenance and repair, and changes to the graphics, symbols, or copy of a sign, without affecting the size, structural design or height. Exempt changes to the graphics, symbols or copy of a sign must meet the standards defined herein.
3.
All pylon, monument, and wayfinding signs within Shoreline Place shall conform to the Shoreline Place signage design guidelines. For all other types of unique, sculptural or artistic signs, if an applicant seeks to depart from the standards of this section, the applicant must receive an administrative design review approval under SMC § 20.30.297.
E.
Sign Design.
1.
Sight Distance. No sign shall be located or designed to interfere with visibility required by the City of Shoreline for the safe movement of pedestrians, bicycles, and vehicles.
2.
Private Signs on City Right-of-Way. No portion of a private sign, above or below ground, shall be located in a public right-of-way unless a right-of-way permit has been approved consistent with Chapter 12.15 SMC and is allowed under SMC §§ 20.50.540 through 20.50.610.
3.
Sign Copy Area. Calculation of sign area for channel letters or painted signs shall be the total area of all rectangular areas (each drawn with a maximum of six right angles) that enclose each portion of the signage such as words, logos, graphics, and symbols other than nonilluminated background. Sign area for cabinet signs shall be the entire face of the cabinet. Sign area for signs that project out from a building or are perpendicular to street frontage are measured on one side even though both sides can have copy of equal size. Supporting structures such as sign bases and columns are not included in sign area; provided, that they contain no lettering or graphics except for addresses.
4.
Building Addresses. Building addresses should be installed on all buildings consistent with SMC § 20.70.250(C) and will not be counted as sign copy area.
5.
Materials and Design. All signs, except temporary signs, must be constructed of durable, maintainable materials. Signs that are made of materials that deteriorate quickly or that feature impermanent construction are not permitted for permanent signage. For example, plywood or plastic sheets without a sign face overlay or without a frame to protect exposed edges are not permitted for permanent signage.
6.
Shoreline Place Signage Design Guidelines[2]. Design and content of the pylon, monument, and wayfinding sign posts within Shoreline Place shall conform to the Shoreline Place signage design guidelines. In addition, all other permanent or temporary signage or advertising displaying the common name, logo, colors, taglines, or fonts of Shoreline Place center identity shall comply with the Shoreline Place signage design guidelines.
[2]
Editor's Note: Shoreline Place Signage Design Guidelines is included as an attachment to this title.
7.
Illumination. Where illumination is permitted per Table 20.50.620.E.8 the following standards must be met:
a.
Channel lettering or individual backlit letters mounted on a wall, or individual letters placed on a raceway, where light only shines through the copy.
b.
Opaque cabinet signs where light only shines through copy openings.
c.
Shadow lighting, where letters are backlit, but light only shines through the edges of the copy.
d.
Neon signs.
e.
All external light sources illuminating signs shall be less than six feet from the sign and shielded to prevent direct lighting from entering adjacent property.
f.
Building perimeter/outline lighting is allowed for theaters only.
 Individual backlit letters (left image), opaque signs where only the light shines through the copy (center image), and neon signs (right image). |
8.
Sign Specifications.
Table 20.50.620E.8 Sign Dimensions | |
|---|---|
MONUMENT SIGNS | |
Maximum Sign Copy Area | 100 square feet. The monument sign must be double-sided if the back of the sign is visible from the street. |
Maximum Structure Height | 8 feet. |
Maximum Number Permitted per Parcel per Public Street Frontage | 1 sign – up to 250 feet of street frontage. 2 signs – parcels with more than 250 but less than 500 feet of street frontage. 3 signs – 500 feet or more of street frontage. |
Sign Design | At least 15 percent of the sign copy area shall be used for center identification of Shoreline Place. Individual business listings, if shown, shall not include logos and shall be a common color scheme conforming to the Shoreline Place signage design guidelines[3] but may include any font. |
Spacing | Signs must be separated by at least 100 feet from another monument or pylon sign on the same parcel or 50 feet from another monument or pylon sign on an adjacent parcel. |
Illumination | Permitted. |
MONUMENT SIGNS OUTSIDE OF SHORELINE PLACE | |
Maximum Sign Copy Area | 50 square feet. |
Maximum Structure Height | 6 feet. |
Maximum Number Permitted | 1 per parcel with up to 250 feet of street frontage, 2 for parcels with 250 feet or more of frontage on the same street. Signs must be separated by at least 100 feet from any other monument or pylon sign. |
Sign Design | Conformance to the Shoreline Place signage design guidelines is optional. |
Illumination | Permitted. |
WAYFINDING SIGN POSTS | |
Maximum Sign Copy Area | 2 square feet per business listing; no limit on number of businesses displayed. |
Maximum Structure Height | 10 feet. |
Maximum Number Permitted | No limit. |
Sign Design | Individual business listings shall not include logos and shall be in a single common color conforming to the Shoreline Place signage design guidelines. There is no restriction on font. Directional arrow background may be of a contrasting color. |
Location | Throughout Shoreline Place. Must be set back at least 25 feet from the curb line of public streets. |
Illumination | Permitted. |
PYLON SIGNS | |
Maximum Sign Copy Area | 300 square feet. |
Maximum Structure Height | 35 feet. |
Maximum Number Permitted per Parcel | 2 pylon signs allowed per parcel over 5 acres. |
Sign Design | At least 15 percent of the sign copy area shall be used for center identification of Shoreline Place. Individual business listings, if shown, shall not include logos and shall be a common color scheme conforming to the Shoreline Place signage design guidelines but may include any font. |
Location | Signs may be located on public street frontages that are directly across from properties with Mixed Business (MB) zoning. Signs must be separated by at least 100 feet from another monument or pylon sign on the same parcel or 50 feet from another monument or pylon sign on an adjacent parcel. |
Illumination | Permitted. |
BUILDING-MOUNTED SIGNS | |
Maximum Sign Copy Area | Ground Floor Storefronts: 1.5 square feet of sign area per lineal foot of storefront that contains a public entrance. Ground Floor Side/Rear Walls without Public Entrances: 1 square foot of sign area per lineal foot of wall fronting a tenant space if the wall meets one of these standards: 1) Transparent glazing between the heights of 3 feet and 8 feet along at least 50 percent of the tenant space; or 2) A trellis with live, irrigated landscaping along at least 50 percent of the tenant space; or 3) Architectural detailing consistent with the other building facades such as awnings, canopies, changes in building material, and modulation. Residential Buildings: 2 elevations may have sign area equal to 2.5 percent of the building elevation fronting the residential use or a maximum of 500 square feet, whichever is less. |
Maximum Structure Height | Not limited. Projecting, awning, canopy, and marquee signs (above awnings) shall clear sidewalk by 9 feet and not project beyond the awning extension or 8 feet, whichever is less. These signs may project into public rights-of-way, subject to City approval. |
Projecting Signs | Maximum of 1 projecting sign per public entrance. Maximum size is 4 feet by 3 feet or 15 percent of the business’s maximum sign copy area, whichever is smaller. |
Number Permitted | The maximum sign copy area per business may be distributed into multiple wall, projecting, awning, canopy or marquee signs; provided, that the aggregate sign area is equal to or less than the maximum allowed sign copy area. Signs must be placed on the building elevation used to calculate their maximum sign copy area. |
Sign Design | Individual business building-mounted signs do not need to meet the Shoreline Place Design Guidelines for color or font. |
Illumination | Permitted. |
UNDER-AWNING SIGNS | |
Maximum Sign Copy Area | 12 square feet which does not count against the maximum sign copy area per business. |
Minimum Clearance from Grade | 8 feet. |
Maximum Structure Height | Not to extend above or beyond awning, canopy, or other overhanging feature of a building under which the sign is suspended. Signs may project into the public right-of-way subject to City approval. |
Number Permitted | 1 per public entrance. |
Sign Design | Individual business under-awning signs do not need to meet the Shoreline Place Design Guidelines for color or font. |
Illumination | External only. |
[3]
Editor's Note: Shoreline Place Signage Design Guidelines is included as an attachment to this title.
9.
Window Signs. Window signs are permitted to occupy maximum 25 percent of the total window area. Window signs are exempt from permit if nonilluminated and do not require a permit under the building code.
10.
A-Frame Signs. A-frame, or sandwich board, signs are exempt from permit but subject to the following standards:
a.
Maximum one sign per residential building;
b.
May not be located on the City right-of-way;
c.
Cannot be located within the required clearance for sidewalks and internal walkways as defined for the specific street classification or internal circulation requirements;
d.
Shall not be placed in landscaping, within two feet of the street curb where there is on-street parking, public walkways, or crosswalk ramps;
e.
Maximum two feet wide and three feet tall, not to exceed six square feet in area;
f.
No lighting of signs is permitted;
g.
All signs shall be removed from display when the business closes each day; and
h.
A-frame/sandwich board signs are not considered structures.
11.
Retail Leasing Signs. Signs are exempt from permit but subject to the following standards:
a.
Maximum one sign per public street frontage per parcel;
b.
May not be located on the City right-of-way;
c.
Cannot be located within the required clearance for sidewalks and internal walkways as defined for the specific street classification or internal circulation requirements;
d.
Shall not be placed within two feet of the street curb where there is on-street parking, public walkways, or crosswalk ramps;
e.
Maximum sign area of eight feet wide and four feet tall plus support posts, total height not to exceed eight feet;
f.
No lighting of signs is permitted.
12.
Binding Site Plans. Signage allowances shall be calculated for the binding site plan as a whole without regard to interior lot lines as it is considered to function as one site.
F.
Prohibited Signs.
1.
Spinning devices; flashing lights; searchlights; or reader board signs. Traditional barber pole signs allowed.
2.
Portable signs, except A-frame signs as allowed by subsection (E)(10) of this section.
3.
Outdoor off-premises advertising signs (billboards).
4.
Signs mounted on the roof or projecting above the parapet of the building wall on which it is mounted.
5.
Inflatables.
6.
Signs mounted on vehicles.
G.
Nonconforming Signs.
1.
No business may be listed on a pylon, monument, or wayfinding sign until any existing non-conforming freestanding sign listing that business is removed or brought into compliance with the requirements of this code. All pylon signs in Shoreline Place existing on August 10, 2015, are considered nonconforming and shall be removed by September 1, 2017. The City reserves the right to assess the property owner up to $100.00 per day for failure to remove or bring into compliance such nonconforming signs.
2.
Nonconforming signs shall not be altered in size, shape, height, location, or structural components without being brought to compliance with the requirements of this code. Repair and maintenance are allowable, but may require a sign permit if structural components require repair or replacement.
H.
Temporary Signs.
1.
General Requirements. Certain temporary signs not exempted by SMC § 20.50.610 shall be allowable under the conditions listed below. All signs shall be nonilluminated. Any of the signs or objects included in this section are illegal if they are not securely attached, create a traffic hazard, or are not maintained in good condition. No temporary signs shall be posted or placed upon public property unless explicitly allowed or approved by the City through the applicable right-of-way permit. Except as otherwise described under this section, no permit is necessary for allowed temporary signs.
2.
Temporary On-Premises Business Signs. Temporary banners shall:
a.
Be limited to one sign for businesses under 10,000 square feet and two signs for businesses larger than 10,000 square feet;
b.
Be limited to 32 square feet in area; and
c.
Not be displayed for a period to exceed a total of 60 calendar days effective from the date of installation and not more than two such 60-day periods are allowed in any 12-month period.
3.
Construction Signs. Banner or rigid signs (such as plywood or plastic) for buildings which are under construction. Total signage area shall be a maximum of 32 square feet. Signs shall be installed only upon City approval of the development permit, new construction or tenant improvement permit and shall be removed within seven days of final inspection or expiration of the building permit.
4.
Feather flags and pennants displayed for no more than 14 days prior and two days after community events.
5.
Pole banner signs that are changed semi-annually and mounted on privately owned light poles only.
6.
Temporary signs not allowed under this section and which are not explicitly prohibited may be considered for approval under a temporary use permit under SMC § 20.30.295 or as part of administrative design review for a comprehensive signage plan for the site.
(Ord. 712 § 1 (Exh. A), 2015; Ord. 897 § 1 (Exh. A), 2021)
§ 20.50.630 Deep Green Incentive Program (DGIP).
A.
Purpose. The purpose of this section is to establish an incentive program for Living and Deep Green Buildings in the City of Shoreline. The goal of the DGIP is to encourage development that meets the International Living Future Institute’s (ILFI) Living Building ChallengeTM, Living Community ChallengeTM, Petal RecognitionTM, or Zero EnergyTM (ZE) programs; Built Green’s Emerald StarTM 5-StarTM, or 4-StarTM programs; the US Green Building Council’s (USGBC) Leadership in Energy and Environmental DesignTM (LEED) Platinum program; Passive House Institute USTM’s PHIUS+ or PHIUS+ Source Zero programs; and/or the Salmon SafeTM program by:
1.
Encouraging development that will serve as a model for other projects throughout the city and region resulting in the construction of more Living and Deep Green Buildings; and
2.
Allowing for departures from Code requirements to remove regulatory barriers.
B.
Project Qualification.
1.
Application Requirements. In order to request exemptions, waivers, or other incentives through the Deep Green Incentive Program, the applicant or owner shall submit a summary demonstrating how their project will meet each of the requirements of the relevant certification program, such as including an overall design concept, proposed energy balance, proposed water balance, and descriptions of innovative systems.
2.
Qualification Process. An eligible project shall qualify for the DGIP upon determination by the Director that it has submitted a complete application pursuant to SMC § 20.30.297, Administrative Design Review (Type A), and has complied with the application requirements of this subsection B.
3.
The project must be registered with the appropriate third-party certification entity such as the International Living Future Institute, Built Green, US Green Building Council, Passive House Institute US, or Salmon Safe.
4.
Projects requesting departures under the DGIP shall meet the current version of the appropriate certification program, which will qualify them for one of the following tiered packages of incentives:
a.
Tier 1 – Living Building Challenge or Living Community Challenge Certification: achieve all of the imperatives of the ILFI programs;
b.
Tier 2 – Emerald Star or Petal Certification: satisfy requirements of Built Green program or three or more ILFI Petals, including at least one of the following: water, energy, or materials;
c.
Tier 3 – LEED Platinum, 5-Star, PHIUS+ Source Zero plus Salmon Safe, or ZE plus Salmon Safe: satisfy requirements of the respective USGBC, Built Green, PHIUS, ILFI, and/or Salmon Safe programs. The addition of Salmon Safe certification to PHIUS+ Source Zero or ZE projects is not required for detached single-family projects; or
d.
Tier 4 – PHIUS+ or 4-Star: achieve all requirements of the PHIUS or Built Green programs.
C.
Director’s Determination. All Shoreline Deep Green Incentive Program projects are subject to review by the Director under SMC § 20.30.297. Any departures from the Shoreline Development Code (SMC Title 20) must be approved by the Director prior to submittal of building permit application.
D.
Incentives. A project qualifying for the Shoreline Deep Green Incentive Program will be granted the following tiered incentive packages, based on the certification program for which they are applying:
1.
A project qualifying for Tier 1 – Living Building Challenge or Living Community Challenge may be granted a waiver of up to 100 percent City-imposed preapplication and permit application fees. A project qualifying for Tier 2 – Emerald Star or Petal Recognition may be granted a waiver of up to 75 percent of City-imposed application fees. A project qualifying for Tier 3 – LEED Platinum, 5-Star, PHIUS+ Source Zero/Salmon Safe, or ZE/Salmon Safe may be granted a waiver of up to 50 percent of City-imposed application fees. A project qualifying for Tier 4 – PHIUS+ or 4-Star may be granted a waiver of up to 25 percent of City-imposed application fees.
2.
Projects qualifying for the DGIP may be granted a reduced transportation impact fee based on a project-level transportation impact analysis.
3.
Departures from Development Code requirements when in compliance with subsection E of this section.
4.
Expedited permit review without additional fees provided in Chapter 3.01 SMC.
E.
Departures from Development Code Requirements. The following requirements must be met in order to approve departures from Development Code requirements:
1.
The departure would result in a development that meets the goals of the Shoreline Deep Green Incentive Program and would not conflict with the health and safety of the community. In making this recommendation, the Director shall consider the extent to which the anticipated environmental performance of the building would be substantially compromised without the departures.
2.
Departures from the following regulations may be granted for projects qualifying for the Shoreline Deep Green Incentive Program:
a.
SMC § 20.50.020, residential density limits;
i.
Tier 1 – Living Building Challenge or Living Community Challenge Certification: up to 100 percent bonus for the base density allowed under zoning designation for projects meeting the full Challenge criteria;
ii.
Tier 2 – Emerald Star or Living Building Petal Certification: up to 75 percent bonus for the base density allowed under zoning designation for projects meeting the program criteria;
iii.
Tier 3 – LEED Platinum, 5-Star, or PHIUS+ Source Zero/Salmon Safe or ZE/Salmon Safe Certification: up to 50 percent bonus for the base density allowed under zoning designation for projects meeting the program criteria;
iv.
Tier 4 – PHIUS+ or 4-Star: up to 25 percent bonus for the base density allowed under zoning designation for projects meeting the program criteria. Minimum lot size of 10,000 square feet is required in all zones with a density maximum in order to request a density bonus. Any additional units granted would be required to be built to the same green building standard as the first.
b.
Lot coverage standards, as determined necessary by the Director;
c.
Use provisions, as determined necessary by the Director;
d.
Standards for storage of solid-waste containers;
e.
Standards for structural building overhangs and minor architectural encroachments into the right-of-way;
f.
Structure height bonus up to 10 feet for development in a zone with height limit of above 35 feet. Height bonus is not available in NR3 and MUR-35' zones. Structure height bonus up to 20 feet for development in a zone with a height limit of 45 feet or greater; and
g.
A rooftop feature may extend above the structure height bonus provided in SMC §§ 20.50.020 or 20.50.050 if the extension is consistent with the applicable standards established for that rooftop feature within the zone.
F.
Compliance with Minimum Standards.
1.
For projects requesting departures, fee waivers, or other incentives under the Deep Green Incentive Program, the building permit application shall include a report from the design team demonstrating how the project is likely to achieve the elements of the program through which it intends to be certified.
2.
For projects applying for an ILFI certification (Tiers 1, 2, or 3), after construction and within six months of issuance of the Certificate of Occupancy, the applicant or owner must show proof that an LBC Preliminary Audit has been scheduled; such as a paid invoice and date of scheduled audit. After construction and within 12 months of issuance of Certificate of Occupancy, the applicant or owner must show a preliminary audit report from ILFI demonstrating project compliance with the place, materials, indoor air quality, and beauty/inspiration imperatives that do not require a performance period.
3.
For projects aiming for Built Green Emerald Star (Tier 2), 5-Star (Tier 3), or 4-Star (Tier 4) certification, after construction and within six months of issuance of the Certificate of Occupancy, the applicant or owner must show proof that the project successfully met Built Green certification by way of the Certificate of Merit from the program.
4.
For projects pursuing LEED certification (Tier 3), the applicant or owner must show, after construction and within six months of issuance of the Certificate of Occupancy, that the project has successfully completed the LEED Design Review phase by way of the final certification report.
5.
For projects pursuing PHIUS+ (Tier 4) or PHIUS+ Source Zero certification (Tier 3), the applicant or owner must show, after construction and within six months of issuance of the Certificate of Occupancy, that the project has successfully obtained the PHIUS+ or PHIUS+ Source Zero certification.
6.
For projects pursuing Salmon Safe certification (Tier 3 in conjunction with ZE or PHIUS+ Source Zero when applicable), the applicant or owner must show, after construction and within six months of issuance of the Certificate of Occupancy, that the project has successfully obtained the Salmon Safe Certificate.
7.
No later than two years after issuance of a final Certificate of Occupancy for the project, or such later date as requested in writing by the owner and approved by the Director for compelling circumstances, the owner shall submit to the Director the project’s certification demonstrating how the project complies with the standards contained in this subsection F. Compliance must be demonstrated through an independent certification from ILFI or USGBC/Green Building Cascadia Institute (GBCI). A request for an extension to this requirement must be in writing and must contain detailed information about the need for the extension.
a.
For projects pursuing ILFI certification (Living Building Challenge, Living Community Challenge, Petal Recognition, or Zero Energy), performance-based requirements such as energy and water must demonstrate compliance through certification from ILFI within the two-year time frame noted above.
b.
For projects pursuing LEED certification, the applicant or owner must show proof of certification by way of the final LEED Construction Review report and LEED Certificate issued by USGBC/GBCI.
8.
If the Director determines that the report submitted provides satisfactory evidence that the project has complied with the standards contained in this subsection, the Director shall send the owner a written statement that the project has complied with the standards of the Shoreline Deep Green Incentive Program. If the Director determines that the project does not comply with the standards in this subsection F, the Director shall notify the owner of the aspects in which the project does not comply. Components of the project that are included in order to comply with the minimum standards of the Shoreline Deep Green Incentive Program shall remain for the life of the project.
9.
Within 90 days after the Director notifies the owner of the ways in which the project does not comply, or such longer period as the Director may allow for justifiable cause, the owner may submit a supplemental report demonstrating that alterations or improvements have been made such that the project now meets the standards in this subsection F.
10.
If the owner fails to submit a supplemental report within the time allowed pursuant to this subsection F, the Director shall determine that the project has failed to demonstrate full compliance with the standards contained in this subsection F, and the owner shall be subject to penalties as set forth in SMC § 20.30.770.
(Ord. 760 § 1 (Exh. A), 2017; Ord. 839 § 1 (Exh. A), 2019; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.50.800 Transfer of Development Rights Program (TDR).
A.
Purpose. A Transfer of Development Rights (TDR) Program is established: (1) as an incentive for protecting farms, forests, rural lands, and environmentally critical areas while encouraging greater development potential within specified areas of Shoreline; and (2) as a potential way to obtain infrastructure financing.
B.
Definitions.
“Baseline development potential”
means the maximum development intensity allowed in receiving areas without the use of a TDR credit for additional development.
“County”
means the county government of King County.
“Development bonus”
means the additional development value that a project using TDR may gain beyond baseline development potential. Types of development bonus are specified in this subchapter and may include additional development intensity or flexibility in certain requirements.
“Development right”
means the right of a property owner to build one residential unit on a sending area parcel. Development rights may be converted to TDR credits and sold to developers to gain development bonus in a receiving area.
“Exchange rates”
specify how much development bonus a receiving area project may gain in return for the acquisition of one TDR certificate. Exchange rates are expressed as a ratio in terms of the quantity of development bonus per TDR certificate.
“Sending areas”
are those lands prioritized by counties for conservation established by their respective countywide TDR programs.
“TDR”
means transfer of development rights, a voluntary, market-based real estate tool that encourages growth in areas where it is desired while conserving those lands where growth is not desired. TDR is recognized and encouraged as an innovative land use technique under the Growth Management Act (RCW 36.70.090).
“TDR certificate”
is the proof of ownership of development rights, taking the form of a recorded document issued by a county, showing the number of development rights the holder has acquired and may use in a receiving area project. A TDR certificate may represent multiple TDR credits.
“TDR credit”
is a tradable commodity representing one development right from a county sending area as certified by a county.
“TDR Manager”
means the City employee assigned by the Planning and Community Development Director to accomplish the duties specified as City responsibilities in this subchapter.
“TDR receiving areas”
are those geographies within the City as established in this subchapter where TDR may be used to gain development bonus.
C.
Applicability. The TDR Program applies to development in receiving areas and the administration of TDR transactions under this subchapter. This subchapter establishes requirements for applying TDR certificates to new construction in receiving areas and the extent of increased development allowed within them.
D.
Location of Sending Areas. Sending areas under this program shall be within unincorporated counties; provided, that such areas have been designated by the counties as agricultural or forest lands of long-term commercial significance or as rural lands that otherwise meet the sending area criteria as established in the counties’ respective TDR program rules and regulations.
E.
Sending Area Development Limitations. The City will accept the transfer of development credits from eligible sending areas; provided, that the credits are transferred in accordance with the requirements of this subchapter.
1.
To transfer development credits, the sending area must be encumbered by a conservation easement or other similar encumbrance approved by the county in which the sending area is located.
2.
All conservation easements used to achieve development bonuses encumbering real property pursuant to this subchapter must be conveyed in a manner consistent with RCW 64.04.130. The grantee of the conservation easement must be the county or a third party with the express right to enforce the terms of the conservation easement.
F.
Sending Area TDR Certification. For sending areas situated in unincorporated King County, the TDR certificate must be issued pursuant to King County Code 21A.37.070 or any amendment thereof.
For sending areas situated in unincorporated Snohomish County, the TDR certificate must be issued pursuant to Snohomish County Code 30.35A.050 or any amendment thereof.
For sending areas situated in unincorporated Pierce County, the TDR certificate must be issued pursuant to Pierce County Code 18G.10.110 or any amendment thereof.
G.
Location of Receiving Areas. The City’s receiving areas for development credits under this subchapter are areas within the TDR receiving areas as shown below:
 |
Within the TDR receiving areas shown on the map, the following zones are established as TDR receiving areas:
1.
NB – Neighborhood Business (NB).
2.
CB – Community Business (CB).
3.
MUR-45' – Mixed-Use Residential (45 feet height).
4.
MUR-70' – Mixed-Use Residential (70 feet height).
5.
Neighborhood Residential 1 (NR1).
H.
Receiving Area Baselines and Exchange Ratios. In the receiving areas shown in subsection G of this section, bonus development shall be awarded as follows:
Exchange Rates Table | |||||||
|---|---|---|---|---|---|---|---|
Zone | Baseline Height | Max Height | Bonus | Pierce | King | Sno Co. | Type |
NR1 | 40' | 70' | Height | 1 credit = 1,100 sq. ft. 1 credit = 2,900 sq. ft. | 1 credit = 7,000 sq. ft. 1 credit = 3,100 sq. ft. | 1 credit = 2,900 sq. ft. 1 credit = 2,900 sq. ft. | Farm Non-Farm |
NB | 50' | 70' | Height | 1 credit = 1,100 sq. ft. 1 credit = 2,900 sq. ft. | 1 credit = 7,000 sq. ft. 1 credit = 3,100 sq. ft. | 1 credit = 2,900 sq. ft. 1 credit = 2,900 sq. ft. | Farm Non-Farm |
CB | 60' | 70' | Height | 1 credit = 1,100 sq. ft. 1 credit = 2,900 sq. ft. | 1 credit = 7,000 sq. ft. 1 credit = 3,100 sq. ft. | 1 credit = 2,900 sq. ft. 1 credit = 2,900 sq. ft. | Farm Non-Farm |
MUR-70' | 70' | 140' | Height | 1 credit = 3,100 sq. ft. 1 credit = 8,200 sq. ft. | 1 credit = 19,700 sq. ft. 1 credit = 8,900 sq. ft. | 1 credit = 8,200 sq. ft. 1 credit = 8,200 sq. ft. | Farm Non-Farm |
I.
Receiving Area Process.
1.
Developers who intend to exceed baseline development potential in a TDR receiving area shall acknowledge in development-related application materials that they will be required to submit the prescribed number of TDR credits at the time the developer submits the building permit application. Preliminary application approval, where applicable, will indicate the estimated number of TDR credits required prior to final approval. Applicants are not required to own or control TDR credits at the time of submitting the application and TDR credits do not impact a project’s ability to vest in current regulations. Applicants shall submit the prescribed number of TDR credits prior to the City’s issuance of building permits.
a.
Developer communicates intent to exceed baseline development potential and acknowledges need to furnish TDR credits in preapplication process.
b.
Developer estimates the number of TDR credits needed as part of the building permit application based on exchange ratios established under subsection H of this section.
c.
City confirms the exact number of TDR credits needed prior to final building permit approval. For calculation purposes, development bonus must translate to whole numbers of TDR credits. If the desired increment of development bonus would result in a fractional number of TDR credits, the project must round up to the next whole number of TDR credits.
d.
Applicant submits prescribed number of TDR credits to City prior to issuance of building permit.
2.
Developers may obtain TDR certificates directly from a sending area landowner, from TDR banks, or from any other intermediary provided the certificates are issued by and in accordance with the requirements of their respective county’s TDR program.
3.
Final building permit certificate of occupancy shall not be granted until the TDR Manager has provided written documentation of compliance with TDR requirements. The serial numbers of all TDR credits shall be recorded on the building permit for all projects using TDR.
4.
Following receipt of TDR certificates for a receiving area project, the City shall extinguish the certificates and return them to the county of their origin confirming that they have been applied to a receiving area project.
J.
TDR Manager Responsibilities.
1.
The county shall maintain a TDR registry documenting the ownership history of all TDR certificates by serial number from the time they are granted to the sending area owner to their retirement in a receiving area development. The City shall document all TDR credit use in construction projects within the City, extinguish those credits upon use in projects, and return them to the TDR program administrator in the county of their origin.
2.
Once the first TDR transaction has been accomplished, the county shall provide an annual report to Washington State Department of Commerce detailing the following information:
a.
Number of TDR transactions completed.
b.
Number of TDR credits transferred into the City.
c.
Total number of new residential units in the City.
d.
Number of additional residential units allowed due to TDR credit transfers.
e.
Amount of additional building height allowed due to TDR credit transfers.
f.
Amount of parking spaces reduced due to TDR credit transfers.
g.
Amount of revenues received from King County.
3.
The City should check at least annually with each participating county whether the TDR ratio has changed. If the ratio has changed, the City should propose any amendments, based on recommendations from each county, needed to make this subchapter consistent with the current county/City TDR ratios.
4.
Modification of Receiving Site Incentives. The City is authorized to revise the exchange rate table to address changing economic conditions. The exchange rate table, subsection H of this section, shall not be revised more than once in a calendar year. The City shall base revisions on the following criteria as analyzed by a qualified, third-party expert:
a.
The expected marginal value of the development bonus;
b.
The prevailing cost of per square foot commercial or residential development and pro forma analyses of typical project costs in receiving areas;
c.
Changes in sending area TDR credit pricing as reported by counties;
d.
The City’s progress towards meeting TDR placement targets, if any; and
e.
Consistency with the conservation principles and purpose and intent of this chapter.
5.
The modified exchange rate table shall be used for calculation of receiving area development bonus. Within 14 days of adopting a revised exchange rate table, the Director shall update publicly available program information.
6.
If a developer or private property owner requests revisions to the exchange rate table, the burden of preparing the economic analysis shall be on the developer or private property owner and the analysis shall be performed by a qualified third-party expert jointly selected by the City and the requestor.
7.
If changes in the market suggest that forms of development bonus different from or supplemental to those in the exchange rate table are appropriate to include in the program, the City may recommend such modifications to Council and incorporate alternative options in the third-party analysis and table revisions subject to Council approval.
(Ord. 1009 § 1 (Exh. A), 2024; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
§ 20.60.010 Purpose.
The purpose of this subchapter is to:
A.
Ensure that the adequate provision of public facilities and services is maintained as new development occurs; and to
B.
Fairly allocate the cost of those facilities and services.
(Ord. 238 Ch. VI § 1(A), 2000)
§ 20.60.020 General requirements.
A.
All development proposals that require City approval shall be adequately served by the following facilities and services prior to the time of occupancy, plat recording, or other land use approval, as further specified in this chapter:
1.
Sewer and/or wastewater disposal;
2.
Water supply;
3.
Fire protection service;
4.
Surface water and stormwater management; and
5.
Streets and access.
B.
Regardless of the number of related permits required for a single development proposal, the provisions of this chapter shall be applied only once to any single development proposal. If changes and modifications result in impacts not considered when the proposal was first approved, the City shall consider the revised proposal as a new development proposal.
C.
All sewer and water connections within the City right-of-way shall be made in accordance with the applicable engineering standards specified in Chapter 20.70 SMC.
(Ord. 238 Ch. VI § 1(B), 2000)
§ 20.60.030 Adequate wastewater (sewer) disposal.
All development proposals shall be served by a public wastewater disposal system, including both collection and treatment facilities as follows:
A.
For the issuance of a building permit, preliminary plat approval, or other land use approval the disposal system for the project site has been approved by the Department as being consistent with adopted rules and regulations of the applicable government, agency, or district;
B.
For the issuance of a certificate of occupancy for a building or change of use permit, the approved wastewater disposal system is installed to serve each building or lot;
C.
For recording a final plat, final short plat or binding site plan the approved wastewater disposal system is installed or bonded to serve each lot respectively; and
D.
For a zone reclassification the timing of installation of required wastewater system improvements is contained in the approving ordinance.
(Ord. 238 Ch. VI § 2(A), 2000; Ord. 299 § 1, 2002)
§ 20.60.040 Adequate water supply.
All development proposals shall be served by an adequate public water supply system as follows:
A.
For the issuance of a building permit, preliminary plat approval or other land use approval, the applicant can demonstrate that:
1.
The existing water supply system available to serve the site complies with the requirements of adopted rules and regulations of the applicable government, agency, or district.
2.
The proposed improvements to an existing water system or a proposed new water supply system have been reviewed by the Department and determined to comply with the design standards and conditions specified above;
B.
Prior to issuance of a certificate of occupancy for a building or change of use permit, the approved water system and any system improvements are installed to serve each building or lot respectively;
C.
For recording a final plat, final short plat or binding site plan, either the approved water supply system or system improvements shall be installed or bonded to serve each lot, within two years of recording; and
D.
For a zone reclassification the timing of installation of required water system improvements is included in the approving ordinance.
(Ord. 238 Ch. VI § 2(B), 2000; Ord. 669 § 1 (Exh. A), 2013)
§ 20.60.050 Adequate fire protection.
All new development shall be served by adequate fire protection as set forth below:
A.
The site of the development proposal is served by a water supply system that is consistent with the provisions of Chapter 15.05 SMC;
B.
The development proposal has adequate access to a street system or fire lane system that provides life safety/rescue access, and other adopted fire protection requirements for buildings;
C.
The timing of installation of required fire protection improvements for development proposals shall be stated in the project approval or approving ordinance, and installed prior to occupancy. The improvements may be secured with a bond or similar security upon approval from the Director and the Fire Marshal.
(Ord. 238 Ch. VI § 2(C), 2000; Ord. 555 § 1 (Exh. 1), 2009)
§ 20.60.060 Purpose.
Repealed by Ord. 531.
(Ord. 238 Ch. VI § 3(A), 2000)
§ 20.60.070 Adequate surface water management system.
All new development shall be served by an adequate surface water management system as follows:
A.
The existing or proposed system is adequate if the site of the development proposal is served by a surface water management system approved by the Department as being consistent with the design, operating and procedural requirements adopted by the City as defined in Chapter 13.10 SMC, Surface Water Management Code and adopted standards;
B.
Repealed by Ord. 531.
(Ord. 238 Ch. VI § 3(B), 2000; Ord. 531 § 1 (Exh. 1), 2009)
§ 20.60.080 Development proposal requirements.
Repealed by Ord. 531.
(Ord. 238 Ch. VI § 3(C), 2000)
§ 20.60.090 Core surface water and stormwater requirements.
Repealed by Ord. 531.
(Ord. 238 Ch. VI § 3(D), 2000)
§ 20.60.100 Special requirements.
Repealed by Ord. 531.
(Ord. 238 Ch. VI § 3(E), 2000)
§ 20.60.110 Construction timing and final approval.
Repealed by Ord. 531.
(Ord. 238 Ch. VI § 3(F), 2000)
§ 20.60.120 Water quality.
Repealed by Ord. 531.
(Ord. 238 Ch. VI § 3(G), 2000)
§ 20.60.130 Best management practices.
Repealed by Ord. 531.
(Ord. 238 Ch. VI § 3(H), 2000)
§ 20.60.140 Adequate streets.
The purpose of this chapter is to implement the multimodal concurrency and level of service provisions of the Transportation Element of the City’s Comprehensive Plan in accordance with RCW 36.70A.070(6)(b) so that transportation facilities are adequate and that they are available or provided concurrent with development.
A.
Level of Service. The level of service standards serve as the basis for measuring adequate transportation conditions and guiding the identification of projects in the Transportation Element, which underlies the City’s concurrency measurement.
1.
Streets. The following level of service standards apply throughout the City unless an alternative level of service for a particular street(s) has been adopted in the Transportation Element:
a.
LOS E at intersecting arterials within King County [candidate] countywide centers and highways of statewide significance and regionally significant state highways (I-5, Aurora Avenue N, and Ballinger Way);
b.
LOS D at all other intersections intersecting arterials; and
c.
A volume to capacity (V/C) ratio of 1.1 or lower within King County [candidate] county-wide centers and highways of statewide significance and regionally significant state highways (I-5, Aurora Avenue N, and Ballinger Way); and
d.
A volume to capacity (V/C) ratio of 0.90 or lower for all other principal and minor arterials.
2.
Sidewalks and Trails. Establish a connected and complete pedestrian network by constructing the sidewalks and trails outlined in the City’s current Sidewalk Prioritization Plan.
3.
Bicycles. Provide bicycle connections to major destinations, transit stops and stations, and residential, commercial/retail centers, and employment centers following the Bicycle Plan in the Transportation Element.
4.
The design and implementation of sidewalks and bicycle facilities shall be consistent with standards set forth in the Engineering Development Manual, adopted pursuant to SMC § 12.10.015, and applicable federal accessibility requirements.
B.
Development Proposal Requirements. All new proposals for development that would generate 20 or more new trips during the p.m. peak hour must submit a transportation impact analysis prepared by the applicant in accordance with the standards established in the City’s Engineering Development Manual at the time of application. The estimate of the number of trips for a development shall be consistent with the most recent edition of the Trip Generation Manual, published by the Institute of Traffic Engineers.
1.
The traffic impact analysis shall include, at a minimum, an analysis of the following:
a.
An analysis of origin/destination trip distribution proposed;
b.
The identification of any intersection that would receive the addition of 20 or more trips during the p.m. peak hour; and
c.
An analysis demonstrating how impacted intersections could accommodate the additional trips and maintain the LOS standard.
2.
If the traffic impact analysis identifies one or more intersections at which the adopted LOS standards are exceeded, the applicant shall mitigate the impacts in order to achieve and maintain the adopted LOS standard.
C.
Concurrency Requirement. The City shall not issue a building permit until:
1.
A concurrency test has been conducted and passed; or
2.
The building permit has been determined to be one of the following that are exempt from the concurrency test:
a.
Alteration or replacement of an existing residential structure that does not create an additional dwelling unit or change the type of dwelling unit.
b.
Alteration or replacement of an existing nonresidential structure that does not expand the usable space or change the existing land use as defined in the land use categories as set forth in the impact fee analysis land use tables.
c.
Miscellaneous improvements that do not generate increased need for public facilities, including, but not limited to, fences, walls, residential swimming pools, and signs.
d.
Demolition or moving of a structure.
e.
Any building permit for development that creates no additional impacts, insignificant and/or temporary additional impacts on any transportation facility, including, but not limited to:
i.
Home occupations that do not generate any additional demand for transportation facilities;
ii.
Special events permits;
iii.
Temporary structures not exceeding a total of 30 days.
f.
Any building permit issued to development that is vested to receive a building permit pursuant to RCW 19.27.095.
D.
Calculation of Available Capacity. Available capacity for transportation facilities shall be calculated as follows:
Step 1 | Calculate the baseline person trip supply based on projects constructed or with dedicated funding based on the City’s concurrency tool. |
Step 2 | Add future development to the current land use and calculate the person trips demanded by proposed development. |
Step 3 | Calculate the available capacity by subtracting the person trip demand calculated in Step 2 from the person trip supply calculated in Step 1. |
Step 4 | Record the available capacity as the beginning balance in the City’s concurrency trip capacity balance sheet calculated in Step 3. |
E.
Available Capacity for Concurrency.
1.
The City shall determine the available capacity for concurrency as of the effective date of the ordinance codified in this section and record it in the concurrency trip capacity balance sheet.
2.
The City shall update the available capacity in the concurrency trip capacity balance sheet – transportation within 12 months of any of the events listed below:
a.
Update or amendment of the City’s transportation element as it relates to concurrency management.
b.
Projects are added or subtracted from the six-year Transportation Improvement Program adopted pursuant to RCW 35.77.010.
3.
If none of the events listed in subsection (E)(2) of this section occurs within seven years of the most recent calculation of the available capacity, the City will update the available capacity recorded in the concurrency trip capacity balance sheet.
4.
Each update of available capacity in the concurrency trip capacity balance sheet shall carry forward the reservations of capacity for any building permits for development that has not been completed prior to the update of available capacity.
5.
In order to monitor the cumulative effect of exemptions from the concurrency test on the available capacity, the City shall adjust the available capacity in the concurrency trip capacity balance sheet to record the number of p.m. peak hour person trips generated by exempt building permits in the same manner as though a concurrency test had been performed for the exempt building permits.
F.
Concurrency Test.
1.
Each applicant for a building permit that is not exempt from the concurrency test as provided in subsection (C)(2) of this section shall submit the type of development to be constructed pursuant to the building permit, the number of square feet of each type of development, and the number of dwelling units.
2.
The concurrency test is passed if the number of trips from an applicant’s proposed development is equal to or less than available capacity in the concurrency trip capacity balance sheet that has been adjusted to subtract reserved trips. If the concurrency test is passed the City shall record the concurrency test results in the concurrency trip capacity balance sheet in order to reduce the available capacity by the number of trips that will be generated by the applicant’s development. The reservation of capacity shall be valid for the same time as the building permit for which it was reserved.
3.
The concurrency test is not passed if the number of trips from an applicant’s proposed development is greater than available capacity after it has been adjusted to subtract reserved trips. If the concurrency test is not passed, the applicant may select one of the following options:
a.
Amend the application to reduce the number of trips generated by the proposed development; or
b.
Provide system improvements or strategies that increase the City-wide available capacity by enough trips so that the application will pass the concurrency test; or
c.
Appeal the denial of the application for a concurrency test, pursuant to the provisions of subsection I of this section.
4.
A concurrency test, and any results, shall be administrative actions of the City that are categorically exempt from the State Environmental Policy Act.
G.
Reservation of Availability Capacity Results of Concurrency Test.
1.
Upon passage of a concurrency test, the City shall reserve capacity on behalf of the applicant in the concurrency trip capacity balance sheet.
2.
A reservation of available capacity shall be valid for the same period as the approved building permit for which it was made, and may be extended according to the same terms and conditions as the underlying building permit.
3.
A reservation of available capacity is valid only for the uses and intensities authorized for the building permit for which it is issued. Any change in use or intensity is subject to an additional concurrency test of the incremental increase in impact on transportation facilities.
4.
A reservation of available capacity is nontransferable to another parcel of land or development proposal. A reservation of available capacity may be transferred to a subsequent purchaser of the land for the same uses and intensities.
5.
A reservation of available capacity shall expire if the underlying building permit expires, the application or permit is withdrawn by the applicant, the permit is revoked by the City, application approval is denied by the City, or the determination of completeness expires.
H.
Fees.
1.
The City shall charge each applicant for a building permit that is not exempt from this section a concurrency test fee in an amount to be established by resolution by the City Council.
2.
The City shall charge a processing fee to any individual that requests an informal analysis of capacity if the requested analysis requires substantially the same research as a concurrency test. The amount of the processing fee shall be the same as the concurrency test fee authorized by subsection (H)(1) of this section.
3.
The fees authorized in subsection (H)(1) or (H)(2) of this section shall not be refundable, shall not be waived, and shall not be credited against any other fee.
I.
Appeals. Determinations and decisions by the Director that are appealed by an applicant shall follow the procedures of Chapter 20.30 SMC for an Administrative Decision – Type B.
J.
Authority. The Director of Public Works, or his/her designee, shall be responsible for implementing and enforcing the concurrency requirements of this chapter. The Director of the Department of Public Works is authorized to adopt guidelines for the administration of concurrency, which may include the adoption of procedural rules to clarify or implement the provisions of this section.
(Ord. 238 Ch. VI § 4(A), 2000; Ord. 559 § 1, 2009; Ord. 581 § 1 (Exh. 1), 2010; Ord. 615 § 3, 2011; Ord. 689 § 1 (Exh. A), 2014; Ord. 731 § 1 (Exh. A), 2015; Ord. 997 § 1 (Exh. A), 2023)
§ 20.60.150 Adequate access.
All lots shall have access to a public right-of-way by direct access to a right-of-way; an easement recorded with the county that meets the standards of this section; or an access tract that meets the standards of this section.
A.
Vehicular Access. All new development shall be served by adequate vehicular access as follows:
1.
The circulation system of development shall intersect with existing and anticipated streets abutting the site at safe and convenient locations;
2.
The circulation system of development shall provide direct connections to adjacent developments where appropriate; and
3.
Every lot upon which one or more buildings is proposed to be erected or traffic generating use is proposed to be established shall establish safe access as follows:
a.
Direct access from the street right-of-way, fire lane or a parking space to any part of the property as needed to provide public services (e.g., fire protection, emergency medical service, mail delivery or trash collection); and
b.
Direct access from the street right-of-way, driveway, alley or other means of ingress/egress approved by the City to all required off-street parking spaces on the premises.
B.
Pedestrian Access. All new development shall establish safe pedestrian access as follows:
1.
Pedestrian facilities connecting the street right-of-way to building entrances for transit patrons and other pedestrians;
2.
Pedestrian facilities connecting commercial developments, where appropriate; and
3.
Pedestrian facilities to provide safe access from parking areas to other areas of the development.
(Ord. 238 Ch. VI § 4(B), 2000)
§ 20.70.010 Purpose.
The purpose of this chapter is to establish engineering regulations and standards to implement the Comprehensive Plan and provide a general framework for relating the standards and other requirements of this Code to development.
(Ord. 591 § 2 (Exh. B), 2010)
§ 20.70.020 Engineering Development Manual.
The Engineering Development Manual adopted pursuant to SMC § 12.10.015 includes processes, design and construction criteria, inspection requirements, standard plans, and technical standards for engineering design related to the development of all streets and utilities and/or improvements within the City.
(Ord. 591 § 2 (Exh. B), 2010; Ord. 631 § 1 (Exh. 1), 2012; Ord. 767 § 1 (Exh. A), 2017)
§ 20.70.110 Purpose.
The purpose of this subchapter is to provide guidance regarding the dedication of facilities to the City.
(Ord. 591 § 2 (Exh. B), 2010)
§ 20.70.120 Dedication of right-of-way.
A.
Dedication shall occur at the time of recording for subdivisions, and prior to permit issuance for development projects.
B.
Dedications may be required in the following situations:
1.
When it can be demonstrated that the dedications of land or easements within the proposed development or plat are necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply;
2.
To accommodate motorized and nonmotorized transportation, landscaping, utilities, surface water drainage, street lighting, traffic control devices, and buffer requirements as required in Subchapter 4, Required Improvements, and Subchapter 5, Utility Standards;
3.
Prior to the acceptance of a private street, private stormwater drainage system or other facility for maintenance;
4.
When the development project abuts an existing substandard public street and additional right-of-way is necessary to incorporate future frontage improvements as set forth in the Transportation Master Plan and the Engineering Development Guide for public safety; or
5.
Right-of-way is needed for the extension of existing public street improvements necessary for public safety.
C.
The City may accept dedication and assume maintenance responsibility of a private street only if the following conditions are met:
1.
All necessary upgrades to the street to meet City standards have been completed;
2.
All necessary easements and dedications entitling the City to properly maintain the street have been conveyed to and accepted by the City;
3.
The Director has determined that maintenance of the facility will contribute to protecting or improving the health, safety, and welfare of the community served by the private road.
(Ord. 591 § 2 (Exh. B), 2010; Ord. 615 § 4, 2011)
§ 20.70.130 Dedication of right-of-way.
Repealed by Ord. 615.
(Ord. 591 § 2 (Exh. B), 2010)
§ 20.70.140 Dedication of stormwater facilities.
A.
The City is responsible for the maintenance, including performance and operation, of drainage facilities which the City has accepted for maintenance. The City may require the dedication of these facilities.
B.
The City may assume maintenance of privately maintained drainage facilities only if the following conditions have been met:
1.
All necessary upgrades to the facilities to meet current City standards have been completed;
2.
All necessary easements or dedications entitling the City to properly maintain the drainage facility have been conveyed to the City;
3.
The Director has determined that the facility is in the dedicated public road right-of-way or that maintenance of the facility will contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
a.
Flooding;
b.
Downstream erosion;
c.
Property damage due to improper function of the facility;
d.
Safety hazard associated with the facility;
e.
Degradation of water quality or in-stream resources; or
f.
Degradation to the general welfare of the community; and
4.
The City has accepted maintenance responsibility in writing.
C.
The Director may terminate the assumption of maintenance responsibilities in writing after determining that continued maintenance will not significantly contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
1.
Flooding;
2.
Downstream erosion;
3.
Property damage due to improper function of the facility;
4.
Safety hazard associated with the facility;
5.
Degradation of water quality or in-stream resources; or
6.
Degradation to the general welfare of the community.
D.
A drainage facility which does not meet the criteria of this section shall remain the responsibility of the persons holding title to the property for which the facility was required.
(Ord. 591 § 2 (Exh. B), 2010)
§ 20.70.150 Dedication of open space.
A.
The City may accept dedications of open space and critical areas which have been identified and are required to be protected as a condition of development. Dedication of such areas to the City will be considered when:
1.
The dedicated area would contribute to the City’s overall open space and greenway system;
2.
The dedicated area would provide recreation opportunities and nonmotorized linkages;
3.
The dedicated area would preserve and protect ecologically sensitive natural areas, wild-life habitat and wildlife corridors;
4.
The dedicated area is of low hazard/liability potential; and
5.
The dedicated area can be adequately managed and maintained.
(Ord. 591 § 2 (Exh. B), 2010)
§ 20.70.160 Easements and tracts.
The purpose of this section is to address easements and tracts when facilities on private property will be used by more than one lot or by the public in addition to the property owner(s).
A.
Easements.
1.
Easements may be used for facilities used by a limited number of parties. Examples of situations where easements may be used include, but are not limited to:
a.
Access for ingress and egress or utilities to neighboring property;
b.
Design features of a street necessitate the granting of slope, wall, or drainage easements; or
c.
Nonmotorized easements required to provide pedestrian circulation between neighborhoods, schools, shopping centers and other activity centers even if the facility is not specifically shown on the City’s adopted nonmotorized circulation plan maps.
2.
Easements granted for public use shall be designated “City of Shoreline Public Easement.” All easements shall specify the maintenance responsibility in the recording documents.
B.
Tracts.
1.
Tracts should be used for facilities that are used by a broader group of individuals, may have some degree of access by the general public, and typically require regular maintenance activities. Examples of facilities that may be located in tracts include private streets, drainage facilities serving more than one lot, or critical areas.
2.
Tracts are not subject to minimum lot size specifications for the zone, although they must be large enough to accommodate the facilities located within them.
3.
Tracts created under the provisions of this subchapter shall not be considered a lot of record unless all zoning, dimensional, and use provisions of this code can be met.
(Ord. 591 § 2 (Exh. B), 2010)
§ 20.70.210 Purpose.
The purpose of this subchapter is to classify streets in accordance with designations of the Comprehensive Plan and to ensure the naming of new streets and assignment of new addresses occur in an orderly manner.
(Ord. 591 § 2 (Exh. B), 2010)
§ 20.70.220 Street classification.
Streets are classified in the Transportation Master Plan Street Classification Map (Fig. A).
(Ord. 591 § 2 (Exh. B), 2010; Ord. 615 § 4, 2011)
§ 20.70.230 Street plan.
Streets shall be designed and located to conform to the adopted plans. Where not part of an adopted plan, new streets shall be designed to provide for the appropriate continuation of existing streets.
The Public Works Department shall maintain a list of public streets maintained by the City.
(Ord. 591 § 2 (Exh. B), 2010)
§ 20.70.240 Private streets.
Local access streets may be private, subject to the approval of the City. If the conditions for approval of a private street cannot be met then a public street will be required. Private streets may be allowed when all of the following conditions are present:
A.
The private street is located within a tract or easement; and
B.
A covenant, tract, or easement which provides for maintenance and repair of the private street by property owners has been approved by the City and recorded with King County; and
C.
The covenant or easement includes a condition that the private street will remain open at all times for emergency and public service vehicles; and
D.
The private street would not hinder public street circulation; and
E.
The proposed private street would be adequate for transportation and fire access needs; and
F.
At least one of the following conditions exists:
1.
The street would ultimately serve four or fewer single-family lots; or
2.
The private street would ultimately serve more than four lots, and the Director determines that no other access is available; or
3.
The private street would serve developments where no circulation continuity is necessary.
(Ord. 591 § 2 (Exh. B), 2010)
§ 20.70.250 Street naming and numbering.
The purpose of this section is to establish standards for designating street names and numbers, and for addressing the principal entrances of all buildings or other developments.
A.
All streets shall be named or numbered in the following manner:
1.
Public or private street names and/or numbers shall be consistent with the established grid system as determined by the Department. Named streets can only be assigned when the numbered grid is determined infeasible by the Department. The Department may change the existing public or private street name if it is determined to be inconsistent with the surrounding street naming system.
2.
All streets shall carry a geographic suffix or prefix. Streets designated as “Avenues” shall carry a geographic suffix and be in a north-south direction, and streets designated as “Streets” shall carry a geographic prefix and be in an east-west direction. Diagonal streets are treated as being either north-south or east-west streets. Names such as lane, place, way, court, and drive may be used on streets running either direction.
3.
Only entire street lengths or distinct major portions of street shall be separately designated.
4.
In determining the designation, the Department shall consider consistency with the provisions of this section and emergency services responsiveness including Emergency-911 services.
B.
Building addresses shall be assigned as follows:
1.
New Buildings. The assignment of addresses for new buildings shall occur in conjunction with the issuance of a building permit.
2.
New Lots. The assignment of addresses for new lots created by subdividing shall occur during project review and be included in the recording documents.
3.
Previously Unassigned Lots. Lots with no address of record shall be assigned an address and the property owner shall be notified of the address.
4.
The assignment of addresses shall be based on the following criteria:
a.
Even numbers shall be used on the northerly side of streets named as east-west and on the easterly side of streets named as north-south.
b.
Odd numbers shall be used on the southerly side of streets named as east-west and on the westerly side of streets named as north-south. Addresses shall be assigned whole numbers only.
c.
In determining the address assignment, the Department shall consider the consistency with the provisions of this section, consistency with the addressing needs of the area, and emergency services.
C.
All buildings must display addresses as follows:
1.
The owner, occupant, or renter of any addressed building or other structure shall maintain the address numbers in a conspicuous place over or near the principal entrance or entrances. If said entrance(s) cannot be easily seen from the nearest adjoining street, the address numbers shall be placed in such other conspicuous place on said building or structure as is necessary for visually locating such address numbers from the nearest adjoining street.
2.
If the addressed building or structure cannot be easily seen or is greater than 50 feet from the nearest adjoining street, the address numbers shall be placed on a portion of the site that is clearly visible and no greater than 20 feet from the street.
3.
The address number figures shall comply with currently adopted building and fire codes.
(Ord. 591 § 2 (Exh. B), 2010; Ord. 631 § 1 (Exh. 1), 2012)
§ 20.70.310 Purpose.
The purpose of this subchapter is to provide safe and accessible transportation facilities for all modes of travel as described in the Comprehensive Plan, Transportation Master Plan, and the Parks, Recreation and Open Space Plan.
(Ord. 591 § 2 (Exh. B), 2010)
§ 20.70.320 Frontage improvements.
A.
Standard frontage improvements shall be upgraded or installed pursuant to standards set forth in the Transportation Master Plan Street Classification Map, the Master Street Plan adopted in Chapter 12.10 SMC, and the Engineering Development Manual for the specific street which is substandard to satisfy adequate public roadways required for subdivisions by Chapter 58.17 RCW and Chapter 20.30 SMC, Subchapter 7, and to mitigate direct impacts of land use approvals.
B.
Standard frontage improvements consist of right-of-way dedication, curb, gutter, sidewalk, amenity zone and landscaping, drainage improvements and pavement overlays up to one-half of each right-of-way abutting a property as defined in the Master Street Plan. Additional improvements may be required to ensure safe movement of traffic, including pedestrians, bicycles, transit, and nonmotorized vehicles. The improvements can include transit bus shelters, bus pullouts, utility undergrounding, street lighting, signage and channelization.
C.
Frontage improvements are required:
1.
When building construction valuation for a permit exceeds 50 percent of the current County assessed or an appraised valuation of all existing land and structure(s) on the parcel. This shall include all structures on other parcels if the building under permit review extends into other parcels;
2.
When aggregate building construction valuations for issued permits, within any five-year period after March 30, 2013, exceed 50 percent of the County assessed or an appraised value of the existing land and structure(s) at the time of the first issued permit;
3.
For subdivisions;
4.
For development consisting of one or more dwelling units on a single parcel; or
5.
One detached single-family dwelling in the MUR zones.
D.
Exemptions to frontage improvements are limited to:
1.
Subdivision, short plats, and binding site plans where all of the lots are fully developed.
2.
Instances where the street will be improved as a whole through a capital improvement project or local improvement district within five years of permit issuance. In such cases, a contribution may be made and calculated based on the improvements that would be required of the development. Contributed funds shall be directed to the City’s capital project fund and shall be used for the capital project and offset future assessments on the property resulting from an LID. An LID “no-protest” commitment shall also be recorded. Adequate interim levels of improvements for public safety shall be required.
3.
Construction of accessory dwelling units.
E.
Waivers may be approved by the Director of Public Works to not require frontage improvements under the following circumstances if the Director determines:
1.
The installation of the improvements will cause a safety hazard; or
2.
Construction of improvements will adversely impact critical areas that cannot be mitigated.
The applicant shall utilize the deviation from the engineering standards process specified in SMC § 20.30.290. The applicant shall address how the waiver satisfies the criteria for a deviation as well as the applicable conditions of this subsection. Supporting documentation and application fees shall be submitted with the waiver request.
F.
All improvements required under this chapter shall be designed and constructed in accordance with the Engineering Development Manual. Deviation from the Engineering Development Manual may be considered through a deviation process as set forth in SMC § 20.30.290.
G.
Required improvements shall be installed by the applicant prior to final approval or occupancy.
H.
Subdivisions improvements shall be completed prior to the final plat approval. A bond or other surety may be allowed as provided for in SMC § 20.30.440 in lieu of completion of all improvements.
(Ord. 591 § 2 (Exh. B), 2010; Ord. 615 § 4, 2011; Ord. 631 § 1 (Exh. 1), 2012; Ord. 654 § 1 (Exh. 1), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 731 § 1 (Exh. A), 2015; Ord. 756 § 1 (Exh. A), 2016; Ord. 850 § 1 (Exh. A), 2019; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.70.330 Surface water facilities.
A.
All development and redevelopment as defined in the Stormwater Manual shall provide stormwater drainage improvements that meet the minimum requirements of Chapter 13.10 SMC.
B.
Development proposals that do not require City-approved plans or a permit must meet the requirements specified in Chapter 13.10 SMC.
C.
Required improvements shall be installed by the applicant prior to final approval or occupancy.
D.
For subdivisions the improvements shall be completed prior to final plat approval or post a bond or other surety as provided for in SMC § 20.30.440.
(Ord. 591 § 2 (Exh. B), 2010)
§ 20.70.340 Sidewalks, walkways, paths and trails.
A.
Sidewalks required pursuant to SMC § 20.70.320 and fronting public streets shall be located within public right-of-way or a public easement as approved by the Director.
B.
Walkways, paths or trails provided to mitigate identified impacts should use existing undeveloped right-of-way, or, if located outside the City’s planned street system, may be located across private property in a pedestrian easement or tract restricted to that purpose.
C.
Required sidewalks on public and private streets shall be installed as described in the Transportation Master Plan and the Engineering Development Guide for the specific street classification and street segment.
D.
Installation, or a financial security of installation subject to approval by the Director, is required as a condition of development approval.
E.
On development projects that front onto two parallel public rights-of-way where the nearest public connection between the parallel rights-of-way is at least 250 linear feet from any point of the development, a paved shared-use path shall be required within a public easement to connect the parallel rights-of-way. The shared-use path may also function as an alley way for limited vehicular access.
(Ord. 591 § 2 (Exh. B), 2010; Ord. 907 § 1 (Exh. C), 2020)
§ 20.70.410 Purpose.
The purpose of this subchapter is to establish when new and existing service connections, including telephone, cable television, electrical power, natural gas, water, and sewer, are to be installed and/or placed underground.
(Ord. 591 § 2 (Exh. B), 2010)
§ 20.70.420 Utility installation.
Required utility improvements shall be installed by the applicant prior to final approval or occupancy. For subdivisions the applicant shall complete the improvements prior to final plat approval or post a bond or other surety with the utility provider.
(Ord. 591 § 2 (Exh. B), 2010)
§ 20.70.430 Undergrounding of electric and communication service connections.
A.
Undergrounding required under this subchapter shall be limited to the service connection and new facilities located on private property. Undergrounding of service connections and new electrical and telecommunication facilities on private property shall be required with new development as follows:
1.
All new nonresidential construction including remodels and additions where the total value of the project exceeds 50 percent of the assessed valuation of the property and improvements and involves the relocation of service.
2.
All new residential construction and new accessory structures or the creation of new residential lots.
3.
Residential remodels and additions where the total value of the project exceeds 50 percent of the assessed valuation of the property and improvements and involves the relocation of the service connection to the structure.
B.
Conversion of a service connection from aboveground to underground shall not be required under this subchapter for:
1.
The upgrade or change of location of electrical panel, service, or meter for existing structures not associated with a development application; and
2.
New or replacement phone lines, cable lines, or any communication lines for existing structures not associated with a development application.
(Ord. 591 § 2 (Exh. B), 2010; Ord. 767 § 1 (Exh. A), 2017)
§ 20.70.440 Purpose.
The purpose of this subchapter is to establish basic dimensional standards for access widths when applied to certain types of development. These access widths are specified in the Engineering Development Manual.
(Ord. 789 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. A), 2019)
§ 20.70.450 Access types and widths.
See Shoreline Engineering Development Manual Chapter 11.2 for access types and widths.
(Ord. 789 § 1 (Exh. A), 2018; Ord. 850 § 1 (Exh. A), 2019; Ord. 871 § 1 (Exh. A), 2020; Ord. 1027 § 1 (Exh. A), 2025)
§ 20.80.010 Purpose.
A.
The purpose of this chapter is to establish supplemental standards for the protection of critical areas, as defined in SMC § 20.20.014, in compliance with the provisions of the Washington Growth Management Act of 1990 (Chapter 36.70A RCW) and consistent with the goals and policies of the Shoreline Comprehensive Plan in accordance with the procedures of Chapter 20.30 SMC.
B.
By identifying and regulating development and alterations to critical areas and their buffers, it is the purpose of this chapter to:
1.
Protect the public from injury, loss of life, property damage or financial losses due to flooding, erosion, landslide, seismic events, or soils subsidence;
2.
Protect unique, fragile and valuable elements of the environment;
3.
Reduce cumulative adverse environmental impacts to water quality, wetlands, streams, and other aquatic resources, fish and wildlife habitat, landslide hazards, and other geologically unstable features and protect the functions and values of critical areas from overall net loss;
4.
Ensure the long-term protection of ground and surface water quality;
5.
Alert members of the public, including appraisers, assessors, owners, potential buyers, or lessees, to the development limitations of critical areas and their required buffers;
6.
Serve as a basis for exercise of the City’s substantive authority under the State Environmental Policy Act (SEPA) and the City’s Environmental Procedures (Chapter 20.30 SMC, Subchapter 8); and comply with the requirements of the Growth Management Act (Chapter 36.70A RCW) and its implementing rules;
7.
Establish standards and procedures that are intended to protect critical areas while accommodating the rights of property owners to use their property in a reasonable manner; and
8.
Provide for the management of critical areas to maintain their functions and values and to restore degraded ecosystems.
C.
This chapter is to be administered with flexibility and attention to site-specific characteristics. It is not the intent of this chapter to make a parcel of property unusable by denying its owner reasonable economic use of the property or to prevent the provision of public facilities and services necessary to support existing development and planned for by the community without decreasing current service levels below minimum standards.
(Ord. 238 Ch. VIII § 1(A), 2000; Ord. 324 § 1, 2003; Ord. 398 § 1, 2006; Ord. 641 § 5 (Exh. A), 2012; Ord. 723 § 1 (Exh. A), 2015; Ord. 856 § 3 (Exh. C), 2019; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.015 Applicability.
A.
Unless explicitly exempted, the provisions of this chapter shall apply to all land uses, development activity, and all structures and facilities within the City, whether or not a permit or authorization is required, that are within the maximum buffer distance for each critical area type, even if the critical area is on adjacent property. All persons within the City shall comply with the requirements of this chapter.
B.
The City shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation or to construct or alter any structure or improvement without first assuring compliance with the requirements of this chapter.
C.
Approval of a permit or development proposal pursuant to the provisions of this chapter does not discharge the obligation of the applicant to comply with the provisions of this chapter.
D.
The provisions of this chapter shall apply to any forest practices over which the City has jurisdiction pursuant to Chapter 76.09 RCW and WAC Title 222.
(Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.020 Relationship to other regulations.
A.
These critical area regulations shall apply as an overlay in addition to zoning, land use, and other regulations established by the City. In the event of any conflict between these regulations and any other regulations of the City, the regulations which provide greater protection to the critical areas shall apply.
B.
Areas characterized by particular critical areas may also be subject to other regulations established by this chapter due to the overlap or multiple functions of some critical areas. In the event of any conflict between regulations for particular critical areas in this chapter, the regulations which provide greater protection to critical areas shall apply.
C.
These critical areas regulations shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA), as necessary and locally adopted. Any conditions required pursuant to this chapter shall be included in the SEPA review and threshold determination.
D.
Compliance with the provisions of this chapter does not constitute compliance with other Federal, State, and local regulations and permit requirements that may be required (for example, shoreline substantial development permits, Hydraulic Permit Act (HPA) permits, Section 106 of the National Historic Preservation Act, U.S. Army Corps of Engineers Section 404 permits, National Pollution Discharge Elimination System permits). The applicant is responsible for complying with these requirements, apart from the process established in this chapter.
E.
The Shoreline Master Program, in Chapter 20.240 SMC, shall establish the standards for critical areas within the shoreline jurisdiction. If there are conflicts or unclear distinctions between the Master Program and the City’s critical areas regulations, the most restrictive requirements apply as determined by the City.
(Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.025 Critical areas maps.
A.
The approximate location and extent of identified critical areas within the City’s planning area are shown on the critical areas maps adopted as part of this chapter. These maps shall be used for informational purposes as a general guide only for the assistance of property owners and other interested parties. Boundaries and locations indicated on the maps are generalized. Critical areas and their buffers may occur within the City, which have not previously been mapped.
B.
The critical areas maps and resources cited in the section are to be used as a guide and may be continuously updated as new critical areas are identified. The actual presence or absence, delineation and classification of critical areas shall be identified in the field by a qualified professional, and confirmed by the City. In the event of any conflict between the critical area location or designation shown on the City’s maps and the criteria or standards of this chapter, the criteria and standards shall prevail.
C.
The approximate location and extent of critical areas are shown on City of Shoreline data layers maintained in the City of Shoreline geographic information system (GIS). The critical areas maps shall be periodically updated by the City and shall reflect any permit activity, results of special studies and reports reviewed and approved by the City, amendments to the Comprehensive Plan Natural Environment Element, and Department-identified errors and corrections. In addition, the following maps and resources providing information on the location and extent of critical areas are hereby adopted by reference as amended:
1.
Geologic Hazards.
a.
Washington Department of Ecology coastal zone atlas (for marine bluffs);
b.
U.S. Geological Survey geologic maps, landslide hazard maps, and seismic hazard maps;
c.
Washington State Department of Natural Resources seismic hazard maps for Western Washington, including, but not limited to, the Liquefaction Susceptibility and Site Class Maps of Western Washington State by County;
d.
Washington State Department of Natural Resources slope stability maps;
e.
Soils maps produced by the U.S. Department of Agriculture, National Resources Conservation Service; and
f.
Washington State Department of Natural Resources Washington Geologic Information Portal.
2.
Fish and Wildlife Habitat Conservation Areas.
a.
Washington Department of Fish and Wildlife Priority Habitat and Species maps;
b.
Washington State Department of Natural Resources Official Water Type Reference maps;
c.
Washington State Department of Natural Resources Puget Sound Intertidal Habitat Inventory maps;
d.
Washington State Department of Natural Resources Shorezone Inventory;
e.
Washington State Department of Natural Resources Natural Heritage Program mapping data;
f.
Washington State Department of Health Annual Inventory of Shellfish Harvest Areas;
g.
Anadromous and resident salmonid distribution maps contained in the Statewide Washington Integrated Fish Distribution Map published by Washington Department of Fish and Wildlife;
h.
Washington State Department of Natural Resources State Natural Area Preserves and Natural Resource Conservation Area maps; and
i.
Washington Department of Ecology Coastal Atlas.
3.
Wetlands.
a.
City of Shoreline, Basin Characterization Reports and Stream and Wetland Inventory and Assessment, Tetra Tech (May 2004);
b.
City of Shoreline stormwater basin plans as completed and updated;
c.
Soils maps produced by the U.S. Department of Agriculture, National Resources Conservation Service; and
d.
The National Wetlands Inventory, produced by the U.S. Fish and Wildlife Service.
4.
Flood Hazard Areas.
a.
Flood hazard areas shall be designated and classified pursuant to the requirements of the floodplain management regulations, Chapter 13.12 SMC.
5.
Critical Aquifer Recharge Areas.
a.
At the time of adoption of the updated critical areas regulations, Ordinance 1045, there were no identified critical aquifer recharge areas within the City of Shoreline.
(Formerly 20.80.020. Ord. 238 Ch. VIII § 1(D), 2000; Ord. 324 § 1, 2003; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.030 Best available science.
The best available science is scientific information, obtained through a valid scientific process, that is applicable to the critical area prepared by local, State, or Federal natural resource agencies, a qualified professional, or team of qualified professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925 and RCW 36.70A.172.
A.
Protect Functions and Values of Critical Areas with Special Consideration to Anadromous Fish. Critical area reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish, such as salmon and bull trout, and their habitat, where applicable.
B.
Characteristics of a Valid Scientific Process. In the context of critical areas protection, a valid scientific process is one that produces reliable information useful in understanding the consequences of a local government’s regulatory decisions, and in developing critical areas policies and development regulations that will be effective in protecting the functions and values of critical areas. To determine whether information received during the permit review process is reliable scientific information, the Director shall determine whether the source of the information displays the characteristics of a valid scientific process. Such characteristics are as follows:
1.
Peer Review. The information has been critically reviewed by other persons who are qualified scientific experts in that scientific discipline. The proponents of the information have addressed the criticism of the peer reviewers. Publication in a referenced scientific journal usually indicates that the information has been appropriately peer-reviewed;
2.
Methods. The methods used to obtain the information are clearly stated and reproducible. The methods are standardized in the pertinent scientific discipline or, if not, the methods have been appropriately peer-reviewed to ensure their reliability and validity;
3.
Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable assumptions supported by other studies and consistent with the general theory underlying the assumptions. The conclusions are logically and reasonably derived from the assumptions and supported by the data presented. Any gaps in information and inconsistencies with other pertinent scientific information are adequately explained;
4.
Quantitative Analysis. The data have been analyzed using appropriate statistical or quantitative methods;
5.
Context. The information is placed in proper context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge; and
6.
References. The assumptions, analytical techniques, and conclusions are well-referenced with citations to relevant, credible literature, and other pertinent existing information.
C.
Nonscientific Information. Nonscientific information, such as anecdotal observations, non-expert opinion, and hearsay, may supplement scientific information, but it is not an adequate substitute for valid and available scientific information.
D.
Absence of Valid Scientific Information. Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area, leading to uncertainty about the risk to critical area function, for permitting an alteration of or impact to the critical area, the Director shall:
1.
Take a “precautionary or a no-risk approach,” that strictly limits development and land use activities until the uncertainty is sufficiently resolved; and
2.
Require application of an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. An adaptive management program shall:
a.
Address funding for the research component of the adaptive management program;
b.
Change course based on the results and interpretation of new information that resolves uncertainties; and
c.
Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas and anadromous fisheries.
(Formerly 20.80.060. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.035 Classification and rating of critical areas.
To promote consistent application of the standards and requirements of this chapter, critical areas within the City shall be rated or classified according to their characteristics, function and value, and/or their sensitivity to disturbance. Classification of critical areas shall be determined by the City using the following tools:
A.
Application of the criteria contained in these regulations;
B.
Consideration of the critical area reports submitted by qualified professionals in connection with applications subject to these regulations; and
C.
Review of maps adopted pursuant to this chapter.
(Formerly 20.80.070. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.040 Buffer areas.
The establishment of buffer areas shall be required for all development proposals and activities in or adjacent to critical areas. In all cases the standard buffer shall apply unless the Director determines that additional buffer width is necessary or reduced buffer is sufficient to protect the functions and values consistent with the provisions of this chapter and the recommendations of a qualified professional. The purpose of the buffer shall be to protect the integrity, function, value and resource of the subject critical area, and/or to protect life, property and resources from risks associated with development on unstable or critical lands and consists of an undisturbed area of native vegetation. Buffers shall be protected during construction by placement of a temporary barricade if determined necessary by the City, on-site notice for construction crews of the presence of the critical area, and implementation of appropriate erosion and sedimentation controls. Restrictive covenants or conservation easements may be required to preserve and protect buffer areas.
(Formerly 20.80.090. Ord. 238 Ch. VIII § 2(C), 2000; Ord. 324 § 1, 2003; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.045 Critical areas preapplication meeting.
A.
A preapplication meeting, pursuant to SMC § 20.30.080, is encouraged but not required prior to submitting an application for development or use of land or prior to starting a development activity or use of the land that may impact critical areas or buffers.
B.
A determination may be provided through the preapplication meeting regarding whether critical area reports are required, and if so what level of detail and what elements may be necessary for the proposed project. An applicant may submit a critical area delineation and classification study prior to the City determining that a full critical area report is required.
This determination does not preclude the Director from requiring additional critical area report information during the review of the project. After a site visit and review of available information for the preapplication meeting, the Director may determine:
1.
No Critical Areas Present. If the Director’s analysis indicates that the project area is not within or adjacent to a critical area or buffer and that the proposed activity is unlikely to degrade the functions or values of a critical area, then the Director shall determine that the critical area review is complete and note in the preapplication meeting summary letter the reasons that no further review is required.
2.
Critical Areas Present, But No Impact. If the Director determines that there are critical areas within or adjacent to the project area, but that the best available science shows that the proposed activity is unlikely to degrade the functions or values of the critical area, the Director may waive the requirement for a critical area report. A waiver may be granted if there is substantial evidence that all of the following requirements will be met:
a.
There will be no alteration of the critical area or buffer;
b.
The development proposal will not impact the critical area in a manner contrary to the purpose, intent, and requirements of this chapter; and
c.
The proposal is consistent with other applicable regulations and standards.
A summary of this analysis and the findings shall be included in the preapplication meeting summary letter and any staff report or decision on the underlying permit.
3.
Critical Areas May Be Affected by Proposal. If the Director determines that a critical area or areas may be affected by the proposal, then the Director shall notify the applicant that a critical area report(s) must be submitted prior to further review of the project, and indicate each of the critical area types that should be addressed in the report.
(Ord. 723 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.050 Critical areas notice, tracts, and easements.
A critical area notice to title is required, as a condition of permit issuance or project approval, when a permit or development application is submitted for development on any property containing a critical area or buffer. The purpose is to inform subsequent purchasers of real property of the existence of critical areas. This requirement can be met through recording of a notice to title prepared by the City, establishment of a critical area tract, or recording of native growth protection area easement consistent with the following provisions:
A.
Notice to Title. A notice to title is required when a permit is required for development on any property containing a critical area or buffer. The notice to title applicable to the property shall be approved by the Director and City Attorney for compliance with this provision and be filed by the property owner, at their expense, with the King County Recorder’s Office. The title holder will have the right to challenge this notice and to have it extinguished if the critical area designation no longer applies. However, the titleholder shall be responsible for completing a critical area report, subject to approval by the Director, before the notice on title can be extinguished. The notice shall state that critical areas or buffers have been identified on the property and that limitations on actions in or affecting the critical area or buffer may exist. The notice shall run with the land.
B.
Critical Area Tract. Subdivisions, short subdivisions, and binding site plans shall establish a separate critical areas tract as a permanent protective measure for wetlands, fish and wildlife habitat conservation areas, and landslide hazard areas and their buffers. The plat or binding site plan for the project shall clearly depict the critical areas tract, and shall include all of the subject critical area, any required buffer, and any additional lands included voluntarily by the developer. Restrictions to development within the critical area tract shall be clearly noted on the plat or plan. Restrictions shall be consistent with this chapter for the entire critical area tract.
C.
Native Growth Protection Area. Unless otherwise required in this chapter, native growth protection area (NGPA) easements shall be recorded on title for all affected parcels prior to approval of a development agreement, issuance of a master development plan permit, or issuance of a site development or building permit, when two or more dwelling units and/or nonresidential development are proposed on one parcel, to delineate and protect those contiguous wetlands, fish and wildlife habitat conservation, and landslide hazard critical areas and their buffers. The easement to be recorded shall clearly depict the critical area and the limits of the NGPA easement and shall include all of the subject critical area(s) and any required buffer(s). Restrictions to development within the NGPA easement shall be clearly noted in the easement and shall include the following:
1.
That native vegetation will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, limiting chemical applications of hazardous substances (pesticides, herbicides, fertilizers), maintaining slope stability, buffering, and protecting plants, fish, and animal habitat; and
2.
The right of the City to enforce the terms of the restriction.
D.
Modifications and Waivers. Where the standards in this chapter allow for development within the identified critical areas, the Director may modify the language or dimensions of the required critical area tract or native growth protection area easement for consistency with the extent of the development to be permitted.
E.
Proof of Notice. The applicant shall submit proof that the notice has been recorded on title before the City approves any development permit, including master development plan permits, for the property or, in the case of subdivisions, short subdivisions, binding site plans, or development agreements, at or before recording.
(Formerly 20.80.100. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.055 Critical area fencing and signs.
A.
Temporary Fencing. The outer perimeter of the critical area or buffer and the clearing limits identified by an approved permit or authorization shall be marked in the field with temporary “clearing limits” fencing in such a way as to ensure that no unauthorized intrusion will occur. The fencing is subject to inspection by the Director prior to the commencement of permitted activities during the preconstruction meeting required under SMC § 20.50.330(E). This temporary fencing shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place.
B.
Permanent Fencing. Fencing installed as part of a proposed activity or as required in this subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes habitat impacts. Permanent fencing shall be required at the outer edge of a critical area or buffer under the following circumstances; provided, that the Director may waive this requirement:
1.
As part of any development proposal for subdivisions, short plats, multifamily, mixed use, and commercial development where the Director determines that such fencing is necessary to protect the functions and values of or reduce hazards from the critical area; provided that breaks in permanent fencing may be allowed for access to allowed uses;
2.
As part of development proposals for parks where the adjacent proposed use is active recreation and the Director determines that such fencing is necessary to protect the functions of the critical area;
3.
When averaging or reductions to wetland buffers or riparian management zones are part of a development proposal;
4.
At the Director’s discretion to protect the values and functions of or reduce hazards from a critical area as demonstrated in a critical area report. If found to be necessary, the Director shall condition any permit or authorization issued pursuant to this chapter to require the applicant to install a permanent fence at the edge of the critical area or buffer, when fencing will prevent future impacts to the critical area or buffer or reduce hazards from the critical area;
5.
The applicant shall be required to install a permanent fence around the critical area buffer or riparian management zone when domestic grazing animals, only as allowed under SMC § 20.40.240, are present or may be introduced on site.
C.
Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the Director may require the applicant to install permanent signs along the boundary of a critical area or buffer, when recommended in a critical area report or otherwise required by the provisions of this chapter.
1.
Signs shall be required for critical areas tracts, easements and dedications, provided the Director may waive this requirement.
2.
Permanent signs shall be made of an enamel-coated metal face and attached to a metal post or another nontreated material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, or with alternative spacing approved by the Director and must be maintained by the property owner in perpetuity.
3.
The sign shall include the following text, or with alternative text approved by the Director:
City of Shoreline Designated Critical Area. Activities, including clearing and grading, removal of vegetation, pruning, cutting of trees or shrubs, planting of nonnative species, and other alterations may be prohibited. Help protect and care for this area. Please contact the City of Shoreline with questions or concerns. |
(Formerly 20.80.110. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.056 Voluntary critical area restoration projects.
Repealed by Ord. 1045.
(Ord. 723 § 1 (Exh. A), 2015)
§ 20.80.060 Financial guarantee requirements.
Bonds, and other financial guarantees, and associated performance agreements or maintenance/defect/monitoring agreements shall be required for projects with required mitigation or restoration of impacts to critical areas or critical area buffers; provided, the Director may waive or modify these requirements. Financial guarantees and agreements shall be consistent with the following:
A.
A performance agreement and acceptable financial guarantee are required when mitigation pursuant to a development proposal is not completed prior to final permit approval, such as final plat approval or final building inspection. The amount of the performance bond(s) shall equal 125 percent of the cost of the mitigation project.
B.
A performance agreement and acceptable financial guarantee are required from the applicant when restoration is required for remediation of a critical area violation under SMC § 20.80.090. The amount of the financial guarantee shall equal 125 percent of the cost of the mitigation project.
C.
A maintenance/defect/monitoring agreement and acceptable financial guarantee are required to ensure the applicant’s compliance with the conditions of the approved mitigation plan pursuant to a development proposal or restoration plan for remediation of a violation. The amount of the maintenance bond(s) shall equal 25 percent of the cost of the mitigation project in addition to the cost for monitoring for a minimum of five years. The monitoring portion of the financial guarantee may be reduced in proportion to work successfully completed over the period of the bond. The bonding period shall coincide with the monitoring period.
(Formerly 20.80.120. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.065 Critical area report requirements.
A.
Report Required. If uses, activities, or developments are proposed within, adjacent to, or are likely to impact critical areas or their buffers, an applicant shall provide site-specific information and analysis in the form of critical area report(s) as required in this chapter. Critical area reports are required in order to identify the presence, extent, and classification/rating of potential critical areas, as well as to analyze, assess, and mitigate the potential adverse impact to or risk from critical areas for a development project. Critical area reports shall use standards for best available science in SMC § 20.80.030. Critical area reports for two or more types of critical areas must meet the report requirements for each type of critical area. The expense of preparing the critical area report(s) shall be borne by the applicant. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-100.
B.
Preparation by Qualified Professional. Critical area report(s) shall be prepared, signed, and stamped (if applicable), by qualified professional(s) as defined in SMC § 20.20.042, with the required training and experience specific to the type(s) of critical area(s) present consistent with the requirements of SMC §§ 20.80.225, 20.80.325, and 20.80.425.
C.
Third Party Review of Critical Area Reports. Review of required critical area reports by a qualified professional under contract with or employed by the City will be required by the Director at the applicant’s expense when the Director determines such services are necessary to demonstrate compliance with the standards and guidelines of this chapter.
D.
Minimum Report Contents. At a minimum, critical area reports shall contain the following:
1.
The name and contact information of the applicant;
2.
Proposal description, address and parcel number(s) with a vicinity map;
3.
The names and qualifications of the qualified professional(s) preparing the report. Proof of licensing, credentials, and/or resume of the qualified professional(s) preparing the report must be attached to the report for review by the City to determine if the minimum qualifications in SMC § 20.20.042 are met;
4.
Identification and assessment of any temporary or permanent impacts to critical area(s) or buffers including square footage or acreage estimates of impacted areas;
5.
A schedule of anticipated timing of work and recommendations for timing of work that minimizes potential impacts or hazards;
6.
Documentation of any fieldwork performed on the site related to delineating, typing, classifying or rating a critical area including dates of fieldwork and names of professionals conducting the fieldwork for the specific critical area;
7.
Identification and characterization of all critical areas and buffers on the subject property, and any off-site critical areas and buffers within 300 feet of the subject property;
8.
A scaled copy of the site plan for the development proposal meeting the standards set by the Director;
9.
A stormwater pollution prevention plan in compliance with the requirements of Chapter 13.10 SMC shall either be included in the critical area report or be referenced if it is prepared separately;
10.
A statement specifying the accuracy of the report and all assumptions made and relied upon;
11.
A description of the methodologies used to conduct the critical areas investigation, including references;
12.
A description of reasonable efforts made to apply mitigation sequencing pursuant to SMC § 20.80.095; and
13.
Plans for mitigation required to compensate for any critical areas impacts, in accordance with SMC § 20.80.100, Mitigation plan requirements.
E.
Existing Reports. Unless otherwise provided, a critical areas report may incorporate, be supplemented by, or composed of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the Director. At the discretion of the Director, reports previously compiled or submitted as part of a proposal for development may be used as a critical areas report to the extent that the requirements of this section and the report requirements for each specific critical area type are met. Critical areas reports shall be considered valid for five years; after such date the City shall determine whether a revision or additional assessment is necessary. Supplemental critical area report(s) may be required to provide information and analysis to address changes to the project scope and potential impacts or to changes to applicable regulations that have been made subsequent to existing, valid critical area reports.
F.
Modifications to Report Requirements.
1.
Limitations to Study Area. The Director may limit the required geographic area of the critical areas report as appropriate if:
a.
The applicant, with assistance from the City of Shoreline, cannot obtain permission to access properties adjacent to the project area, in which case the applicant may rely on estimated conditions using the best information available; or
b.
The proposed activity will affect only a limited part of the subject site; or
c.
Additional limitations deemed appropriate by the Director.
2.
Modifications to Required Contents. The applicant may consult with the Director to obtain approval of modifications to the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation.
3.
Additional Information Requirements. The Director may require additional information to be included in the critical areas report when determined to be necessary to the review of the proposed activity in accordance with this chapter. Additional information that may be required includes, but is not limited to:
a.
Historical data, including original and subsequent mapping, aerial photographs, data compilations and summaries, and available reports and records relating to the site or past operations at the site;
b.
A request for consultation with the Washington Department of Fish and Wildlife (DFW), Washington Department of Ecology (Ecology), local Native American Indian tribes, or other appropriate agency;
c.
Copies of the joint aquatic resource permit application (JARPA) and related approvals, such as a hydraulic project approval (HPA) from the DFW, when applicable to the project;
d.
Detailed surface and subsurface hydrologic features both on and adjacent to the site; and
e.
Where impacts are proposed, mitigation plans consistent with the requirements of SMC § 20.80.100 and the mitigation performance standards of the applicable critical area.
(Formerly 20.80.080. Ord. 723 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.070 Alteration of critical areas.
A.
In general, critical areas and their buffers shall be maintained in their existing state including undisturbed, native vegetation to maintain the functions, values, resources, and public health and safety for which they are protected or allowed as the current, developed legally established condition such as graded areas, structures, pavement, gardens and lawns.
B.
Alteration of critical areas, including their established buffers, may only be permitted subject to the criteria and standards in this chapter, and compliance with any Federal and/or State permits required.
C.
Unless otherwise provided in this chapter, if alteration of the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved critical areas report, so as to result in no overall net loss of critical area functions and values and no increased risk of hazards.
D.
The Director shall condition approval of alterations, including exempt or allowed activities within critical areas or buffers as necessary to minimize or mitigate any potential adverse impacts. Conditions shall be based on the best available science and may include, but are not limited to:
1.
Preservation of vegetation and/or habitat features;
2.
Limitations on access, including temporary and/or permanent fencing; and
3.
Seasonal restriction of construction activities.
(Formerly 20.80.050. Ord. 723 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.075 Exemptions.
Notwithstanding the exemptions provided by this section, any otherwise exempt activities occurring in or near a critical area or critical area buffer should meet the purpose and intent of SMC § 20.80.010 and should consider on-site alternatives that avoid or minimize impacts. To be exempt from this chapter does not give permission to degrade a critical area or ignore risk from natural hazards. Exempt activities shall result in no net loss of critical areas functions and values or increase in hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party’s expense. The following activities shall be exempt from the provisions of this chapter, but are not exempt from applicable permits:
A.
Emergencies. Alterations in response to emergencies which threaten the public health, safety and welfare or which pose an imminent risk of damage to private property:
1.
Alterations shall be reported to the City no later than 30 days after the alteration;
2.
Only the minimum intervention necessary to reduce the risk to public health, safety, or welfare and/or the imminent risk of damage to private property shall be authorized by this exemption;
3.
The City may require a permit be obtained after the fact and require the critical area and buffer be restored consistent with a critical area report and mitigation plan;
4.
If the Director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then enforcement provisions of SMC § 20.80.090, Unauthorized critical area alterations, shall apply.
B.
Utilities. For the purposes of this exemption utilities includes all public and private structures and conveyance systems and their associated facilities including, but not limited to: service lines, pipes, mains, pumps, poles, equipment and appurtenances – both above and below ground. Activities must be undertaken pursuant to City-approved best management practices, and best available science regarding protection of critical areas. Measures to avoid and minimize impacts shall be documented. Revegetation of disturbed areas is required to be native vegetation, unless the existing, nonnative vegetation is reestablished with no change to type or extent. Exempt utilities work includes:
1.
Normal and routine operation, maintenance, replacement, and repair of existing utilities. This provision does not include expansion of existing utilities;
2.
Relocation of existing utilities only when required by the City, which approves the new location of the facilities. This provision does not include electrical substations;
3.
Installation, expansion, or construction of new utilities within existing improved rights-of-way, existing legally improved private roadways, or utility corridors. This provision does not include electrical substations.
C.
Roadways and Driveways. Maintenance, operation, repair, modification, or replacement of publicly improved roadways or City-authorized private roadways, driveways, and associated stormwater drainage systems; as long as any such alteration does not involve the expansion of roadways or related improvements into previously unimproved rights-of-way, portions of rights-of-way, or private property and does not alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased stormwater. Retention and replanting of native vegetation shall occur wherever possible along the right-of-way improvement and resulting disturbance;
D.
Recreation Facilities.
1.
Maintenance, operation, repair, modification, or replacement of existing recreation facilities as long as any such activity does not involve the expansion of facilities and existing improvements into a previously unimproved portion of critical areas or required buffers. Retention and replanting of native vegetation shall occur wherever possible in areas of land disturbance.
2.
Construction of new passive recreation facilities including but not limited to nonmotorized walkways and trails, footbridges, wildlife viewing structures or platforms, benches, informational or educational signs, and other similar facilities meeting the following requirements:
a.
Walkways, trails and footbridges shall be no more than five feet in width and are limited to the least impactful pervious surfaces, with preference for natural materials. Raised boardwalks utilizing nontreated pilings may be acceptable;
b.
Placement of any facilities shall be located to retain significant trees;
c.
Informational signs or educational demonstration facilities are limited to no more than one square yard of surface area and four feet in height;
d.
An on-site area equal in size to the disturbed area shall be vegetated with site-appropriate native plantings at natural densities;
e.
New facilities shall be located only in the outer 25 percent of the buffer or riparian management zone; and
f.
New passive recreation facilities that do not meet the above criteria shall be allowed without a critical areas reasonable use or special use permit but shall require submittal of a critical areas report and mitigation plan.
E.
Minor Conservation and Enhancement. Minor conservation and enhancement of critical areas and buffers not associated with mitigation that does not alter the location, nor reduce the dimensions or size of the critical area or buffer, and results in improvement of the critical area functions and values consistent with the following:
1.
Eligible activities include:
a.
Removal of noxious weeds or invasive vegetation as identified by the Washington State or King County Noxious Weed Control Board;
b.
The planting of native plants;
c.
Ongoing vegetation management consistent with a previously approved critical area mitigation, restoration, remediation, or enhancement plan.
d.
Other conservation and enhancement activities as approved by the Director.
2.
The area of work is not in a very high risk landslide hazard area, unless it is within the inner critical root zone of a tree;
3.
All work is performed above the ordinary high-water mark and above the top of a stream bank;
4.
Work shall be undertaken with hand labor, including handheld mechanical tools:
a.
When prescribed by the King County Noxious Weed Control Board, the use of riding mowers, light mechanical cultivating equipment, herbicides, or biological control methods may be allowed only with permit and approval by the City on private property or when performed in accordance with SMC § 20.80.085, Pesticides, herbicides and fertilizers on City-owned property.
5.
Plants that appear on the Washington State or King County Noxious Weed Control Board lists must be handled and disposed of in accordance with the best management practices appropriate to that species and approved by the City when permit review is applicable;
6.
Replanting with site-appropriate native species at natural densities shall take place immediately following any removal activities;
7.
For projects on private property that will clear greater than 500 square feet of a critical area or buffer in a calendar year, the following must be submitted to the city for review as part of a clearing and grading permit:
a.
A planting plan including:
i.
The area of work;
ii.
Method of removal of existing vegetation;
iii.
A detailed native planting plan with a plant list and planting density;
iv.
A schedule for commencement and completion of the project.
b.
A stormwater pollution prevention plan.
F.
Active Hazard Trees. Removal of active or imminent hazardous trees in accordance with SMC § 20.50.310(A)(1);
G.
Nonimminent Hazard Trees. Removal of not active or imminent hazardous trees in accordance with the following:
1.
For hazardous circumstances that are not active or imminent, such as suspected tree rot or diseased trees or less obvious structural wind damage to limbs or trunks, a permit exemption request form must be submitted by the property owner together with a tree evaluation form prepared by a qualified professional arborist as defined in SMC § 20.20.042. Both the permit exemption request form and tree evaluation form shall be provided by the Director;
2.
The permit exemption request form shall include a grant of permission for the Director and/or qualified professionals under contract with or employed by the City to enter the subject property to evaluate the circumstances. Attached to the permit exemption request form shall be a risk assessment form that documents the hazard and which must be signed by a certified arborist or professional forester;
3.
No permit exemption request shall be approved until the Director reviews the submitted forms and conducts a site visit. The Director may require third party review of the request be performed by a qualified professional under contract with or employed by the City at the applicant’s expense, and may require that the subject tree(s) and vegetation be cordoned off with yellow warning tape during the review of the request for exemption;
4.
Approval to cut or clear trees may only be given upon recommendation of the qualified professional arborist that the condition constitutes an actual threat to life or property in homes, private yards, buildings, public or private streets and driveways, sidewalks, improved utility corridors, or access for emergency vehicles, and any trail, as proposed by the property owner and approved by the Director for purposes of this section;
5.
The Director shall authorize only such alteration to existing trees and vegetation as may be necessary to eliminate the hazard and shall condition authorization on means and methods of removal necessary to minimize environmental impacts, including replacement of any significant trees. The arborist shall include an assessment of whether a portion of the tree suitable for a snag for wildlife habitat may safely be retained. All work shall be done utilizing handheld implements only, unless the property owner requests and the Director approves otherwise in writing. The Director may require that all or a portion of cut materials be left on site;
6.
The removed trees shall be replaced within one year consistent with the provisions of SMC § 20.50.360. Where nonsignificant trees are approved for removal as hazardous, replacement shall be one tree for each tree removed. Replacement tree(s) shall be planted at a different, nearby location on the same property if it can be determined that the planting in the same location would create a new hazard or potentially damage the critical area; and
7.
If a tree to be removed provides priority habitat, such as an eagle perch or occupied nest, a qualified professional shall be consulted, at the applicant’s expense, to determine timing and methods of removal that will minimize and mitigate impacts;
H.
Site Investigation. Site investigative work and studies necessary for preparing land use or permit applications, including soils tests, water quality studies, wildlife studies and similar tests and investigations; provided, that any disturbance of the critical area shall be the minimum necessary to carry out the work or studies;
I.
Passive Outdoor Activities. Educational activities, scientific research, and outdoor recreational activities, including but not limited to interpretive field trips, bird watching, public beach access including water recreation-related activities, bicycling and hiking;
J.
Existing Landscaping. Normal and routine maintenance and operation of existing landscaping, lawns, and gardens including mowing, weeding, planting and pruning of protected trees consistent with SMC § 20.50.350(E); provided, that such activities do not expand any further into critical areas or buffers;
K.
Chemical Applications. The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary; provided, that their use shall be restricted in accordance with State Department of Fish and Wildlife Management recommendations and the regulations of the State Department of Agriculture and the U.S. Environmental Protection Agency;
L.
Minor Activities. Minor activities not mentioned above and determined by the City to have minimal impacts to a critical area;
M.
Foraging. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the fish and wildlife habitat conservation area by changing existing topography, water conditions, or water sources.
(Formerly 20.80.030. Ord. 238 Ch. VIII § 1(G), 2000; Ord. 324 § 1, 2003; Ord. 398 § 1, 2006; Ord. 640 § 1 (Exh. A), 2012; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.080 Allowed activities.
A.
Critical Area Report. Activities allowed under this section shall have been reviewed and permitted or approved by the City and any other agency with jurisdiction, but do not require submittal of a separate critical area report, unless such submittal was required previously for the underlying permit. The Director may apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this chapter to protect critical areas.
B.
Best Management Practices. All allowed activities shall avoid impacts to critical areas. Where impacts cannot be avoided, allowed activities shall be conducted using the best management practices that result in no net loss of ecological functions or increase in hazards from the critical areas. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The City shall require the use of best management practices to ensure that the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party’s expense.
C.
Allowed Activities. The following activities are allowed:
1.
Modifications to Existing Structures Within Critical Areas. Modification of, addition to, maintenance, repair, or replacement of legally nonconforming structures consistent with SMC § 20.30.280, which do not meet the building setback or buffer requirements for critical areas if the modification, addition, replacement or related activity does not increase the impact to a critical area or buffer or increase the existing area of hardscape lying within the critical area or buffer.
a.
Within landslide hazard areas additions that add height to a nonconforming structure may only be allowed with review of a critical area report demonstrating that no increased risk of the hazard will occur.
b.
If such modification, alteration, repair, or replacement requires encroachment into a critical area or a critical area buffer to perform the work, then encroachment may be allowed subject to restoration of the area of encroachment to achieve no loss of ecological functions.
2.
Demolition. Demolition of structures located within critical areas or their buffers, excluding demolition of structures necessary to support or stabilize landslide hazard areas. Unless associated development is proposed with the demolition, the demolition site shall either be seeded with appropriate native seed mix or planted with site-appropriate native species at natural densities to deter invasive species encroachment.
(Formerly 20.80.040. Ord. 238 Ch. VIII § 1(H), 2000; Ord. 324 § 1, 2003; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.085 Pesticides, herbicides and fertilizers on City-owned property.
Pesticides, herbicides and fertilizers which have been identified by State or Federal agencies as harmful to humans, wildlife, or fish shall not be used in a City-owned riparian corridor, shoreline habitat or its buffer, wetland or its buffer, except as allowed by the Director for the following circumstances:
A.
When the Director determines that an emergency situation exists where there is a serious threat to public safety, health, or the environment, and that an otherwise prohibited application must be used as a last resort.
B.
Compost or fertilizer may be used for native plant revegetation projects in any location.
C.
Limited pesticide and herbicide use may be applied pursuant to the King County Noxious Weed Control Board best management practices, specific to the species needing control, when that is determined to be the best method of control for the location. Federal, State, and local regulations of pesticides and water quality must be followed, including requirements for pesticide applicator licensing from the Washington State Department of Agriculture.
(Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.090 Unauthorized critical area alterations.
A.
When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work shall stop and the critical area shall be restored. The City shall have the authority to issue a stop work order to cease all development, and order restoration measures at the owner’s or other responsible party’s expense to remediate the impacts of the violation of the provisions of this chapter.
B.
Requirements for Restoration Plan. All development shall remain stopped until a restoration plan is prepared by the responsible party and an approved permit is issued by the City. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in subsection C of this section. The Director may, at the responsible party’s expense, seek expert advice, including but not limited to third party review by a qualified professional under contract with or employed by the City, in determining if the plan meets the minimum performance standards for restoration. Submittal, review, and approval of required restoration plans for remediation of violations of this chapter, Critical Areas, shall be completed through a site development permit application process.
C.
Minimum Performance Standards for Restoration.
1.
For alterations to aquifer recharge areas, wetlands, and fish and wildlife habitat conservation areas, the following minimum performance standards shall be met for the restoration; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified:
a.
The pre-violation function and values of the affected critical areas and buffers shall be restored, including water quality and habitat functions;
b.
The pre-violation soil types and configuration shall be replicated;
c.
The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically, or pre-violation, found on the site in species types, sizes, and densities. The pre-violation functions and values should be replicated at the location of the alteration; and
d.
Information demonstrating compliance with the requirements in SMC § 20.80.100, Mitigation plan requirements, and the applicable mitigation sections for the affected type(s) of critical area(s) and their buffer(s) shall be submitted to the Director with a complete site development permit application.
2.
For alterations to flood hazard and geologic hazard areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater safety can be obtained, these standards may be modified:
a.
The hazard shall be reduced to a level equal to, or less than, the pre-violation hazard;
b.
Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and
c.
The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard.
D.
Site Investigation. The Director is authorized to take such actions as are necessary to enforce this chapter. The Director shall present proper credentials and obtain permission before entering onto private property.
E.
Penalties. Any responsible party violating any of the provisions of this chapter may be subject to any applicable penalties per SMC § 20.30.770 plus a per tree penalty in the amount of $3,000 per nonsignificant tree and $9,000 per significant tree, for trees removed from a critical area or critical area buffer in violation of the provisions of this chapter.
(Formerly 20.80.130. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.095 Mitigation requirements.
This section applies to mitigation required with all critical areas reviews, approvals, and enforcement pursuant to this chapter. This section is supplemented with specific measures under subchapters for particular critical areas. Mitigation for specific development proposals may include a combination of the measures below and shall be designed and constructed in accordance with the provisions of this section. Mitigation shall be sufficient to maintain or compensate for the impacted functions and values of the critical area and to prevent risk from a hazard posed by a critical area. Mitigation shall not be implemented until after the Director has provided approval. No activity or use shall be allowed that results in a net loss of the functions or values of critical areas.
A.
Mitigation Sequencing. Applicants must first demonstrate an inability to avoid or reduce impacts before the use of actions to mitigate potential impacts will be allowed. Before impacting any critical areas, an applicant shall demonstrate that the following actions have been taken in the following sequential order:
1.
Avoiding the impact altogether by not taking a certain action or parts of actions including assessment of alternative project design and/or location;
2.
Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;
3.
Rectifying the impact by repairing, rehabilitating, or restoring the affected environment or by restoring or stabilizing the hazard area through natural, engineering, or other methods;
4.
Reducing or eliminating the impact over time through preservation and maintenance operations during the life of the action;
5.
Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or
6.
Monitoring, measuring and reporting the impact to the Director and taking appropriate corrective measures.
B.
Type, Location, and Timing of Mitigation. Unless it is demonstrated that a higher level of ecological functioning or greater reduction of hazard risk would result from an alternative approach or as otherwise allowed in this chapter, mitigation for adverse impacts shall be based on best available science and shall be in-kind, on-site, and prior to the activities that will disturb the critical area. Mitigation measures that cannot be implemented prior to the critical area impacts shall be completed immediately following disturbance and prior to use or occupancy of the action or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.
1.
The Director may authorize a one-time temporary delay in completing construction or installation of the mitigation when the applicant provides a written explanation from a qualified professional as to the rationale for the delay. An appropriate rationale would include identification of the environmental conditions that could produce a high probability of failure or significant construction difficulties (e.g., project delay lapses past a fisheries window, or installing plants should be delayed until the dormant season to ensure greater survival of installed materials). The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, or general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the compensatory mitigation plan. The justification must be verified and approved by the City.
(Formerly 20.80.053. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.100 Mitigation plan requirements.
When mitigation is required, the applicant shall submit for approval by the City a mitigation plan as part of the critical area report. Mitigation plans must meet the minimum requirements of this section and the applicable mitigation performance standards and requirements for the impacted type(s) of critical area(s) and buffer(s), including but not limited to SMC §§ 20.80.235, 20.80.335, and 20.80.435.
A.
Preparation by Qualified Professional. Mitigation plan(s) shall be prepared by qualified professional(s) as defined in SMC § 20.20.042, with the required training and experience specific to the type(s) of critical area(s) present consistent with the requirements of SMC §§ 20.80.225, 20.80.325, and 20.80.425.
B.
Third Party Review of Mitigation Plans. Review of required mitigation plans by a qualified professional under contract with or employed by the City will be required when deemed necessary by the Director.
C.
Minimum Mitigation Plan Contents. Utilizing best available science, the mitigation plan shall include written specifications and descriptions of the mitigation proposed. The written report shall include:
1.
Identification of the existing critical areas and buffers functions and/or hazards;
2.
A description of the anticipated impacts to the critical areas;
3.
The proposed schedule of mitigation sequence, timing, and duration;
4.
A description of the mitigating actions proposed;
5.
A scaled copy of the site plan for the proposal meeting the standards set by the Director;
6.
The purposes of the mitigation measures, including the site selection criteria, and environmental goals and objectives of the mitigation measures related to the functions and values and/or hazards of the impacted critical area;
7.
Measurable, specific performance standards for evaluating whether or not the goals of the mitigation project have been attained and the requirements of this chapter have been met; and
8.
Cost estimates of labor and materials necessary for the mitigation that will be used by the City to calculate the amounts of financial guarantees to ensure the mitigation plan is fully implemented.
D.
Monitoring Program and Contingency Plan. A monitoring program, including a monitoring schedule and measurable success criteria, shall be included in the mitigation plan and implemented by the applicant to determine the success of the mitigation project and any necessary corrective actions. This program shall determine if the original goals and objectives of the mitigation plan are being met.
1.
Monitoring reports shall be submitted, consistent with subsection F of this section, to the City on the schedule identified in the monitoring plan, but not less than every other year.
2.
Monitoring programs shall be established for a period necessary to establish that performance standards have been met, but not for less than a minimum of five years without approval from the Director.
3.
Vegetative success shall, at a minimum, equal 80 percent survival of planted trees and shrubs and 80 percent cover of desirable understory or emergent plant species at the end of the required monitoring period. Alternative standards for vegetative success may be allowed if recommended by a qualified professional.
4.
A contingency plan shall be established if the mitigation project is inadequate or fails. Contingency plans include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met. Corrective measures will be required by the City when the qualified professional indicates, in a monitoring report, that the contingency actions are needed to ensure project success by the end of the monitoring period.
5.
If the mitigation goals are not obtained within the initial monitoring period, the applicant remains responsible for restoration of the impacted values and functions or hazard risk reduction until the mitigation goals agreed to in the mitigation plan are achieved.
E.
As-Built Report and Plans. An as-built report and accompanying plans, prepared and signed by the applicant’s qualified professional and meeting the standards set by the Director, is required to be submitted and approved prior to final inspection.
F.
Monitoring Reports. Monitoring reports, prepared by a qualified professional, shall be submitted to the City consistent with the approved monitoring plan. Prior to permit issuance the applicant shall pay the cost of a critical areas monitoring inspection fee which covers the review of monitoring reports and critical area monitoring inspections by the City, or a qualified professional retained by the City. Monitoring reports shall, at a minimum, include:
1.
Monitoring visit observations, documentation, and analysis of monitoring data collected including wildlife, vegetation, water quality, water flow, stormwater storage and conveyance, and existing or potential degradation, as applicable;
2.
Photos from photo points;
3.
Determination whether performance standards are being met; and
4.
Maintenance and/or contingency action recommendations to ensure success of the project at the end of the monitoring period.
(Formerly 20.80.082. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.210 Geologic hazards – Designation and purpose.
A.
Geologic hazard areas are those lands that are susceptible to erosion, landsliding, seismic, or other geological events as identified by WAC 365-190-120. These areas may not be suited for development activities because they may pose a threat to public health and safety.
Areas susceptible to one or more of the following types of hazards shall be designated as geologic hazard areas:
1.
Landslide hazard;
2.
Seismic hazard;
3.
Erosion hazard.
B.
The primary purpose of geologic hazard area regulations is to avoid and minimize potential impacts to life and property from geologic hazards, conserve soil resources, and minimize structural damage relating to seismic hazards. This purpose shall be accomplished through appropriate levels of study and analysis, application of sound engineering principles, and regulation or limitation of land uses, including maintenance of existing vegetation, regulation of clearing and grading activities, and control of stormwater.
(Ord. 238 Ch. VIII § 3(A), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.215 Geologic hazards – Classification.
Geologic hazard areas shall be classified according to the criteria in this section as follows:
A.
Landslide Hazard Areas. Landslide hazard areas are those areas potentially subject to land-slide activity based on a combination of geologic, topographic and hydrogeologic factors as classified in subsection B of this section with slopes 15 percent or steeper within a vertical elevation change of at least 10 feet or all areas of prior landslide activity regardless of slope. A slope is delineated by establishing its toe and top, and measuring the inclination over 10 feet of vertical relief (see Figure 20.80.215(A)). The edges of the geologic hazard are identified where the characteristics of the slope cross-section change from one landslide hazard classification to another, or no longer meet any classification. Additionally:
1.
The toe of a slope is a distinct topographic break which separates slopes inclined at less than 15 percent from slopes above that are 15 percent or steeper when measured over 10 feet of vertical relief; and
2.
The top of a slope is a distinct topographic break which separates slopes inclined at less than 15 percent from slopes below that are 15 percent or steeper when measured over 10 feet of vertical relief.
 Figure 20.80.215(A): Illustration of Slope Calculation for Determination of Top and Toe of Landslide Hazard Area. |
B.
Landslide Hazard Area Classification. Landslide hazard areas are classified as follows:
1.
Moderate to High Risk.
a.
Areas with slopes between 15 percent and 40 percent and that are underlain by soils that consist largely of sand, gravel or glacial till that do not meet the criteria for very high risk areas in subsection (B)(2) of this section;
b.
Areas with slopes between 15 percent and 40 percent that are underlain by soils consisting largely of silt and clay and do not meet the criteria for very high risk areas in subsection (B)(2) of this section; or
c.
All slopes of 10 to 20 feet in height that are 40 percent slope or steeper and do not meet the criteria for very high risk in subsection (B)(2)(a) or (B)(2)(b) of this section.
2.
Very High Risk.
a.
Areas with slopes steeper than 15 percent with zones of emergent water (e.g., springs or ground water seepage);
b.
Areas of landslide activity (scarps, movement, or accumulated debris) regardless of slope; or
c.
All slopes that are 40 percent or steeper and more than 20 feet in height when slope is averaged over 10 vertical feet of relief.
 Figure 20.80.215(B): Illustration of Very High Risk Landslide Hazard Area Delineation (No Midslope Bench). |
C.
Seismic Hazard Areas. Seismic hazard areas are lands that, due to a combination of soil and ground water conditions, are subject to risk of ground shaking, lateral spreading, subsidence or liquefaction of soils during earthquakes. These areas are typically underlain by soft or loose saturated soils (such as alluvium) or peat deposits and have a shallow ground water table. These areas are designated as having “high” and “moderate to high” risk of liquefaction as mapped on the Liquefaction Susceptibility and Site Class Maps of Western Washington State by County by the Washington State Department of Natural Resources.
D.
Erosion Hazard Areas. Erosion hazard areas are lands or areas underlain by soils identified by the U.S. Department of Agriculture Natural Resources Conservation Service (formerly the Soil Conservation Service) as having “severe” or “very severe” erosion hazards. This includes, but is not limited to, the following group of soils when they occur on slopes of 15 percent or greater: Alderwood-Kitsap (AkF), Alderwood gravelly sandy loam (AgD), Kitsap silt loam (KpD), Everett (EvD) and Indianola (InD).
E.
Slope Modified by Stabilization Measures. Previously permitted slopes modified by stabilization measures, such as rockeries and retaining walls, that have been engineered and approved by the engineer as having been built according to the engineered design shall be exempt from the provisions of this subchapter based on the opinion of a qualified professional. If the rockery or wall(s) are determined to be inadequate by a qualified professional, a permit for new or rebuilt rockery or wall(s) shall be submitted and reviewed by the Department for code compliance.
(Formerly 18.80.220. Ord. 238 Ch. VIII § 3(B), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 907 § 1 (Exh. C), 2020; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.220 Geologic hazards – Buffer areas.
A.
Buffers for geologic hazard areas shall be maintained as undisturbed native vegetation consistent with SMC § 20.80.040. Building and other improvement setbacks will be required in addition to buffers as recommended by the qualified professional to allow for landscaping, access around structures for maintenance, and location of stormwater facilities at safe distances from geologic hazard areas where native vegetation is not necessary to reduce the risk of the hazard.
B.
Required buffer widths for geologic hazard areas shall reflect the sensitivity of the hazard area and the risks associated with development and, in those circumstances permitted by these regulations, the type and intensity of human activity and site design proposed to be conducted on or near the area.
C.
In determining the appropriate buffer width, the City shall consider the recommendations contained in a geotechnical critical area report required by these regulations.
D.
For moderate to high risk landslide hazard areas, the qualified professional shall recommend whether buffers should be required and the width of those buffers, as well as recommending any additional setbacks for buildings and stormwater facilities adequate to certify no increase in the risk of the hazard.
E.
For very high risk landslide hazard areas, the standard buffer shall be 50 feet from all edges of the landslide hazard area. Larger buffers may be required as needed to eliminate or minimize the risk to people and property based on a geotechnical critical area report. The standard buffer may be reduced when geotechnical studies demonstrate, and the qualified professional certifies, that the reduction will not increase the risk of hazard to people or property, on or off site; however, the minimum buffer shall be 15 feet.
(Formerly 20.80.230. Ord. 238 Ch. VIII § 3(C), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.225 Geologic hazards – Critical area report requirements.
A.
Report Required. If the Director determines that the site of a proposed development includes, is likely to include, or is adjacent to a geologic hazard area, a critical area report shall be required, at the applicant’s expense. Critical area report requirements for geologic hazard areas are met through submission to the Director of one or more geologic hazard critical area reports. In addition to the general critical areas report requirements of SMC § 20.80.065, critical areas reports for geologic hazard areas must meet the requirements of this section. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area.
B.
Minimum Report Contents for Geologic Hazard Areas. A critical area report for geologic hazard areas shall contain the following information at a minimum:
1.
The minimum report contents required per SMC § 20.80.065(D);
2.
An assessment of whether or not each type of geologic hazard identified in SMC § 20.80.210 is present or not;
3.
A determination if the proposed development of the site will increase the risk of the hazard on or off site;
4.
Assessment of Geological Characteristics. The report shall include an assessment of the geologic characteristics of the soils, sediments, and/or rock of the project area and potentially affected adjacent properties, and a review of the site history regarding landslides, erosion, and prior grading. Soils analysis shall be accomplished in accordance with accepted classification systems in use in the region. The assessment shall include, but not be limited to:
a.
A detailed overview of the field investigations, published data, and references; data and conclusions from past assessments of the site; and site-specific measurements, tests, investigations, or studies that support the identification of geologically hazardous areas; and
b.
A summary of the existing site conditions, including:
i.
Surface topography, existing features, and vegetation found in the project area and in all hazard areas addressed in the report;
ii.
Surface and subsurface geology and soils to sufficient depth based on data from site-specific explorations;
iii.
Geologic cross-section(s) displaying the critical design conditions;
iv.
Surface and ground water conditions; and
c.
A description of the vulnerability of the site to seismic and other geologic events.
5.
Analysis of Proposal. The report shall contain a hazards analysis including a detailed description of the project, its relationship to the geologic hazard(s), and its potential impact upon the identified hazard area(s), the subject property, and affected adjacent properties. The hazards analysis component of the critical areas report shall include the following based on the type(s) of geologic hazard areas identified:
a.
Recommendations for the minimum buffer consistent with SMC § 20.80.220 and recommended minimum drainage and building setbacks from any geologic hazard based upon the geotechnical analysis. Buffers must be maintained consistent with SMC § 20.80.040; however, the qualified professional may recommend additional setbacks for drainage facilities or structures which do not have to be maintained as undisturbed native vegetation; and
b.
An analysis of proposed surface and subsurface drainage, and the vulnerability of the site to erosion.
C.
Additional Technical Information Requirements for Landslide Hazard Areas. The technical information required in a critical area report for a project within a landslide hazard area shall also include the following:
1.
An estimate of the present stability of the subject property, the stability of the subject property during construction, the stability of the subject property after all development activities are completed, and a discussion of the relative risks and slide potential relating to adjacent properties during each stage of development, including the effect construction and placement of structures, clearing, grading, and removal of vegetation will have on the slope over the estimated life of the structure;
2.
An estimate of the bluff retreat rate that recognizes and reflects potential catastrophic events such as seismic activity or a 100-year storm event;
3.
Consideration of the runout hazard of landslide debris and/or the impacts of landslide runout on downslope properties;
4.
A study of slope stability including an analysis of proposed cuts, fills, and other site grading;
5.
Critical area reports for development activities and uses that alter moderate to high risk landslide hazard areas or buffers shall certify:
a.
The risk of damage from the proposal, both on site and off site, are minimal subject to the conditions set forth in the report;
b.
The proposal will not increase the risk of occurrence of the potential landslide hazard; and
c.
Measures to eliminate or reduce risks have been incorporated into the report’s recommendations and project development plans.
6.
Critical area reports for development activities and uses that alter very high risk landslide hazard areas or buffers shall include a hazards analysis certifying that:
a.
The development will not increase surface water discharge or sedimentation on site or to adjacent properties beyond pre-development conditions;
b.
The development will not decrease slope stability on the site or on adjacent properties;
c.
Such alterations will meet other critical areas regulations; and
d.
The design criteria in SMC § 20.80.230(E) are met.
7.
Compliance with the requirements of SMC § 20.80.230(F) for alterations proposed in very high risk landslide hazard areas;
8.
Parameters for design of site improvements including appropriate foundations and retaining structures. These should include allowable load and resistance capacities for bearing and lateral loads, installation considerations, and estimates of settlement performance;
9.
Recommendations for drainage and subdrainage improvements;
10.
Earthwork recommendations including clearing and site preparation criteria, fill placement and compaction criteria, temporary and permanent slope inclinations and protection, and temporary excavation support, if necessary; and
11.
Mitigation of adverse site conditions including slope stabilization measures and seismically unstable soils, if appropriate.
D.
Additional Technical Information Requirements for Seismic Hazard Areas. The technical information required in a critical area report for a project within a seismic hazard area shall also include the following:
1.
A complete discussion of the potential impacts of seismic activity on the site (for example, forces generated and fault displacement);
2.
Additionally, a geotechnical engineering report for a seismic hazard area shall evaluate the physical properties of the subsurface soils, especially the thickness of unconsolidated deposits and their liquefaction potential. If it is determined that the site is subject to liquefaction, mitigation measures appropriate to the scale of the development shall be recommended and implemented; and
3.
Any additional information or analysis necessary to demonstrate compliance with the standards for alteration in seismic hazard areas in SMC § 20.80.230(G).
E.
Limited Report Requirements for Stable Erosion Hazard Areas. When recommended by the qualified professional for sites only overlain by erosion hazard areas with suitable slope stability, and no other type of critical area or buffer, detailed critical areas report requirements may be waived. Report requirements for stable erosion hazard areas may be met through construction documents that shall include at a minimum a stormwater pollution plan prepared in compliance with requirements set forth in Chapter 13.10 SMC.
(Formerly 20.80.240. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.230 Geologic hazards – Alterations.
A.
Activities and uses shall be allowed in geologic hazard areas and their required buffers only as provided for in this chapter. The City may approve, condition, or deny proposals in a geologic hazard area based upon the effective mitigation of risks posed to property, health and safety. Where potential impacts cannot be effectively mitigated to eliminate a significant risk to public health and safety and property or other critical area, the proposal shall be denied, except as granted by a critical area special use or critical area reasonable use permit per SMC §§ 20.30.333 and 20.30.336, or subject to the provisions of the Shoreline Master Program, SMC Title 20, Division II, where the proposed development activity is located within the shoreline jurisdiction.
B.
Activities Allowed in All Geologic Hazards and Buffers. The activities listed below are allowed in the identified geologic hazard areas types. Additional allowed activities are listed in SMC § 20.80.080, Allowed activities. Exemptions are listed in SMC § 20.80.075, but do not apply within the shoreline jurisdiction. These activities do not require submission of a critical area report.
1.
Installation of fences as allowed without a building permit in Chapter 20.50 SMC, General Development Standards. Excluding significant trees, the minimum removal of vegetation from a geologic hazard area necessary to enable fence installation is allowed;
2.
If the project is located in an erosion hazard area and is not located in another type of critical area or critical area buffer and does not exceed any other threshold contained in SMC § 20.50.320, then up to 1,500 square feet may be cleared on any lot in an erosion hazard area without a permit.
C.
Alteration of Moderate to High Risk Landslide Hazards. Development activities and uses that result in unavoidable alterations may be permitted in moderate to high risk landslide hazard areas or their buffers in accordance with an approved geologic hazard critical area report. The recommendations contained within the critical area report shall be incorporated into the proposed alteration of the landslide hazard area or its buffers.
D.
Alteration of Very High Risk Landslide Hazard Areas. Development activities and uses that result in unavoidable alterations may be permitted in very high risk landslide hazard areas or their buffers in accordance with an approved geologic hazard critical area report. The recommendations contained within the critical area report shall be incorporated into the proposed alteration of the landslide hazard area or its buffers.
E.
Design Criteria for Alteration of Very High Risk Landslide Hazard Areas. Development within a very high risk landslide hazard area and/or buffer shall be designed to meet the following basic requirements unless it can be demonstrated that an alternative project design provides greater short- and long-term slope stability while meeting all other provisions of this chapter. The requirement for long-term slope stability shall exclude designs that require regular and periodic maintenance to maintain their level of function. The basic development design criteria are:
1.
The proposed development shall not decrease the factor of safety for landslide occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. Proposed alteration of natural slopes, that does not include structures, shall not decrease the factor of safety for landslide occurrences below the limits of 1.3 for static conditions and 1.0 for seismic. Where the existing conditions are below these limits, the proposed development shall increase the factor of safety to these limits or will not be permitted. Analysis of dynamic conditions shall be based on the seismic event as established by the current version of the International Building Code;
2.
New structures and improvements shall be clustered to avoid geologic hazard areas and other critical areas;
3.
New structures and improvements shall minimize alterations to the natural contour of the slope, and foundations shall be tiered where possible to conform to existing topography;
4.
New structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation;
5.
The proposed development shall not result in greater risk of the hazard or a need for increased buffers on neighboring properties;
6.
Where the existing natural slope area cannot be retained undisturbed with native vegetation, the use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes; and
7.
Development shall be designed to minimize impervious lot coverage and preserve native vegetation and trees to the maximum extent practicable.
F.
Additional Requirements for Alteration of Very High Risk Hazard Landslide Areas.
1.
Prior to application, the applicant shall meet the requirements of and conduct a neighborhood meeting consistent with SMC § 20.30.090. The notification area shall be limited to:
a.
All property owners whose properties adjoin the subject property; and
b.
Properties that include part of the subject property’s very high risk landslide hazard area and the standard 50-foot buffer, but not to exceed a maximum of 200 feet from the project clearing limits.
2.
Prior to permit issuance, the property owner shall sign and record on title, at the owner’s sole expense, a covenant in a form acceptable to the City, which:
a.
Acknowledges and accepts the risks of development in the landslide hazard area;
b.
Waives any rights to claims against the City;
c.
Indemnifies and holds harmless the City against claims, losses, and damages;
d.
Informs subsequent owners of the property of the risks and the covenant; and
e.
Advisability of obtaining added insurance.
3.
Prior to permit issuance, the piling and excavation contractors shall submit insurance bonding documentation that includes coverage for subsidence and underground property damage, listing the City as an additional insured. The Director may require adequate bonds and/or insurance to cover potential claims for property damage that may arise from or be related to the following:
a.
Excavation or fill within a landslide-prone area when the depth of the proposed excavation exceeds four feet and the bottom of the proposed excavation is below the 100 percent slope line (45 degrees from a horizontal line) from the property line; or
b.
In other circumstances where the Director determines that there is a potential for significant harm to any type of critical area or a critical area buffer during the construction process.
4.
If the Building Official has reasonable grounds to believe that an emergency exists because significant changes in geologic conditions at a project site or in the surrounding area may have occurred since a permit was issued, increasing the risk of damage to the proposed development, to neighboring properties, or to nearby surface waters, the building official may, by letter or other reasonable means of notification, suspend the permit until the applicant has submitted a letter of certification. The letter of certification shall be based on such factors as the presence of known slides, indications of changed conditions at the site or the surrounding area, or other indications of unstable soils and meet the following requirements:
a.
The letter of certification shall be from the current project qualified professional geotechnical engineer of record stating that a qualified professional geotechnical engineer has inspected the site and area surrounding the proposed development within the 60 days preceding submittal of the letter; and that:
i.
In the project geotechnical engineer’s professional opinion no significant changes in conditions at the site or surrounding area have occurred that render invalid or out-of-date the analysis and recommendations contained in the technical reports and other application materials previously submitted to the City as part of the application for the permit; or that
ii.
In the project geotechnical engineer’s professional opinion, changes in conditions at the site or surrounding area have occurred that require revision to project criteria and that all technical reports and any necessary revised drawings that account for the changed conditions have been prepared and submitted.
5.
The letter of certification and any required revisions shall be reviewed and approved by the City’s third party qualified professional, at the applicant’s expense, before the Building Official may allow work to continue under the permit.
G.
Alteration of Seismic Hazard Areas. Development activities and uses in seismic hazard areas may be permitted, not subject to SMC § 20.80.095(A)(1), based on review of a critical area report demonstrating that the project is consistent with SMC § 20.80.095(A)(2) through (A)(6). The report must certify that the risks of damage from the proposal, both on site and off site, are minimal subject to the conditions set forth in the report, that the proposal will not increase the risk of occurrence of the potential hazard, and that measures to eliminate or reduce risks have been incorporated into the report’s recommendations. The report must include the following:
1.
For one-story and two-story detached residential structures, a qualified professional shall conduct an evaluation of site response and liquefaction potential based on current mapping, site reconnaissance, research of nearby studies.
2.
For all other proposals, the qualified professional shall conduct an evaluation of site response and liquefaction potential including sufficient subsurface exploration to determine the site coefficient for use in the static lateral force procedure described in the International Building Code.
H.
Alteration of Erosion Hazard Areas. Development activities and uses in erosion hazard areas may be permitted, not subject to SMC § 20.80.095(A)(1), based on review of a critical area report demonstrating that the project is consistent with SMC § 20.50.095(A)(2) through (A)(6) and the following provisions:
1.
All development proposals on sites containing erosion hazard areas shall include a mitigation plan to ensure revegetation and permanent stabilization of the site. Specific requirements for revegetation in mitigation plans shall be consistent with the mitigation plan requirements in SMC § 20.80.100 and the mitigation performance standards for geologic hazard areas in SMC § 20.80.235. Revegetation for site stabilization may be combined with required landscape, tree retention, and/or other critical area mitigation plans as appropriate.
2.
All subdivisions, short subdivisions or binding site plans on sites with erosion hazard areas shall comply with the following additional requirements:
a.
Except as provided in this section, existing vegetation shall be retained on all lots until building permits are approved for development on individual lots;
b.
If any vegetation on the lots is damaged or removed during construction of the subdivision infrastructure, the applicant shall be required to implement the revegetation plan in those areas that have been impacted prior to final inspection of the site development permit or the issuance of any building permit for the subject property;
c.
Clearing of vegetation on individual lots may be allowed prior to building permit approval if the City determines that:
i.
Such clearing is a necessary part of a large-scale grading plan;
ii.
It is not feasible to perform such grading on an individual lot basis; and
iii.
Drainage from the graded area will meet established water quality standards.
3.
Where the City determines that erosion from a development site poses a significant risk of damage to downstream receiving water, the applicant shall be required to provide regular monitoring of surface water discharge from the site during the project construction or installation. If the project does not meet water quality standards, the City may suspend further development work on the site until such standards are met.
4.
The City may require additional mitigation measures in erosion hazard areas, including, but not limited to, the restriction of major soil-disturbing activities associated with site development between October 1st and April 30th to meet the stated purpose contained in SMC §§ 20.80.010 and 20.80.210.
5.
The use of hazardous substances, pesticides and fertilizers in erosion hazard areas may be prohibited by the City.
(Formerly 20.80.224. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.235 Geologic hazards – Mitigation.
A.
Requirements for Mitigation. Mitigation is required for proposed adverse impacts and increased risks of alteration of geologic hazard areas. The objective of mitigation measures shall be to render a site containing geologic hazards as safe as one not containing such a hazard. Mitigation plans shall be submitted as part of the required critical area report, consistent with the requirements of SMC § 20.80.100, and this section.
B.
Preference of Mitigation Actions. Methods to achieve mitigation for alterations of geologic hazard areas shall be approached in the following order of preference:
1.
Protection. Mitigation measures that increase the protection of the identified geologic hazard areas include, but are not limited to:
a.
Increased or enhanced buffers;
b.
Setbacks for permanent and temporary structures;
c.
Reduced project scope; and
d.
Retention of existing vegetation.
2.
Restoration. Restoration of native vegetation.
3.
Engineered Stabilization. Engineered design of geologic hazard stabilization to ensure no increased risk of the hazard due to the proposal with preference for bioengineering over structural engineered solutions.
C.
Performance Standards. The following performance standards shall apply to any mitigation for development proposed within geologic hazard areas:
1.
Geotechnical studies shall be prepared by a qualified professional to identify and evaluate potential hazards and to formulate mitigation measures;
2.
Construction methods will reduce or not adversely affect geologic hazards;
3.
Site planning to minimize disruption of existing topography and natural vegetation;
4.
Significant trees shall be preserved, unless removal is unavoidable or otherwise allowed under the provisions of this chapter;
5.
Minimize impervious surface coverage;
6.
Replant disturbed areas as soon as feasible pursuant to an approved landscape plan. When planting is required, the following standards shall apply:
a.
Native species, indigenous to the region, shall be used;
b.
Plant selection shall be consistent with the existing or projected site conditions, including slope aspect, moisture, and shading;
c.
Plants should be commercially available or available from local sources;
d.
Plant species high in food and cover value for fish and wildlife shall be used;
e.
A minimum of 75 percent of the planted species shall be perennial, unless a lower percentage is recommended by a qualified professional;
f.
Committing significant areas of the site to species that have questionable potential for successful establishment shall be avoided;
g.
Plant selection, densities, and placement of plants must be determined by a qualified professional and shown on the design plans;
h.
Stockpiling soil and construction materials should be confined to upland areas and contract specifications should limit stockpiling of earthen materials to durations in accordance with City clearing and grading standards, unless otherwise approved by the City;
i.
Planting instructions shall be submitted which describe placement, diversity, and spacing of seeds, tubers, bulbs, rhizomes, sprigs, plugs, and transplanted stock;
j.
Controlled release fertilizer shall be applied (if required) at the time of planting and afterward only as plant conditions warrant as determined during the monitoring process;
k.
An irrigation system shall be installed, if necessary, for the initial establishment period; and
l.
The heterogeneity and structural diversity of vegetation shall be emphasized in landscaping;
7.
The use of retaining walls that allow maintenance of existing natural slope areas are preferred over graded slopes;
8.
Undevelopable geologic hazard areas larger than one-half acre shall be placed in a separate tract, provided this requirement does not make the lot nonconforming;
D.
Mitigation of Long Term Impacts. When hazard mitigation is required, the mitigation plan shall specifically address how the activity maintains or reduces the preexisting level of risk to the site and adjacent properties on a long-term basis (equal to or exceeding the projected lifespan of the activity or occupation). Proposed mitigation techniques shall be considered to provide long-term hazard reduction only if they do not require regular maintenance or other actions to maintain their function. Mitigation may also be required to avoid any increase in risk above the preexisting conditions following abandonment of the activity.
(Formerly 20.80.250. Ord. 238 Ch. VIII § 3(E), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.310 Fish and wildlife habitat – Designation and purpose.
A.
Fish and wildlife habitat conservation areas are lands managed for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created.
Fish and wildlife habitat conservation areas include:
1.
Areas with which State and Federal designated threatened, endangered, and sensitive species have a primary association; and
2.
Priority species and habitats listed by the Washington State Department of Fish and Wildlife, including corridors which connect priority habitat features; and
3.
Areas which provide habitat for species of local significance, which have been or may be identified in the City of Shoreline Comprehensive Plan; and
4.
Streams and riparian management zones which provide important habitat corridors; help maintain water quality; store and convey stormwater and floodwater; recharge ground water; and serve as areas for recreation, education, scientific study, and aesthetic appreciation; and
5.
Wetlands and their associated buffers; and
6.
The waters, bed and shoreline of Puget Sound up to the ordinary high water mark.
B.
The purpose of fish and wildlife habitat conservation areas is to:
1.
Protect Federal and State listed habitats and species and give special attention to protection and enhancement of anadromous fish populations; and
2.
Maintain a diversity of species and habitat within the City; and
3.
Coordinate habitat protection to maintain and provide habitat connections; and
4.
Help maintain air and water quality and control erosion.
(Formerly 20.80.260. Ord. 238 Ch. VIII § 4(A), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.315 Fish and wildlife habitat – Classification.
Fish and wildlife habitat conservation areas are those areas designated by the City based on review of the best available science; input from Washington Department of Fish and Wildlife, Washington Department of Ecology, U.S. Army Corps of Engineers, Tribes, and other agencies; and any of the following criteria:
A.
Areas Where State or Federally Designated Endangered, Threatened, and Sensitive Species Have a Primary Association.
1.
Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted for current listing status. Federally designated endangered and threatened species known to be identified and mapped by the Washington State Department of Wildlife in Shoreline include, but may not be limited to, the following:
a.
Chinook (Oncorhynchus tshawytscha);
b.
Southern resident orca or killer whales (Orcinus orca).
c.
Puget Sound steelhead (Oncorhynchus mykiss).
2.
State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the State of Washington that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the State without cooperative management or removal of threats as identified by the Washington State Department of Fish and Wildlife. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (State endangered species) and WAC 232-12-011 (State threatened and sensitive species). The State Department of Fish and Wildlife maintains the most current listing and should be consulted for current listing status. State designated endangered, threatened, and sensitive species known to be identified and mapped by the Department of Fish and Wildlife in Shoreline include, but may not be limited to, the following:
a.
Northern goshawk (Accipiter gentilis);
b.
Purple martin (Progne subis).
B.
State Priority Habitats and Species. Priority habitats and species are considered to be priorities for conservation and management. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. Priority habitats and species are identified by the State Department of Fish and Wildlife (DFW) in the Priority Habitats and Species List. Priority habitats and species known to be identified and mapped by the Department of Fish and Wildlife in Shoreline include, but may not be limited to, the following:
1.
Biodiversity areas and corridors identified and mapped along Boeing Creek and in and around Innis Arden Reserve Park;
2.
Chinook/fall chinook (Oncorhynchus tshawytscha);
3.
Coho (Oncorhynchus kisutch);
4.
Dungeness crab (Cancer magister);
5.
Estuarine intertidal aquatic habitat;
6.
Geoduck (Panopea abrupta);
7.
Northern goshawk (Accipiter gentilis);
8.
Pacific sand lance (Ammodytes hexapterus);
9.
Purple martin (Progne subis);
10.
Resident coastal cutthroat (Oncorhynchus clarki);
11.
Surf smelt (Hypomesus pretiosus);
12.
Waterfowl concentrations at Ronald Bog (Ronald Bog is not a shoreline of the State subject to the SMP); and
13.
Winter steelhead (Oncorhynchus mykiss).
C.
Commercial and Recreational Shellfish Areas. These areas include all public and private tidelands or bedlands suitable for shellfish harvest, including shellfish protection districts established pursuant to Chapter 90.72 RCW.
D.
Kelp and eelgrass beds and herring and smelt spawning areas.
E.
Waters of the State. Waters of the State include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the State of Washington, as classified in WAC 222-16-030. Streams are those areas where surface waters produce a defined channel or bed, not including irrigation ditches, canals, storm or surface water runoff devices or other entirely artificial watercourses, unless they are used by fish or are used to convey streams naturally occurring prior to construction. A channel or bed need not contain water year-round; provided, that there is evidence of at least intermittent flow during years of normal rainfall. Streams shall be classified in accordance with the Washington Department of Natural Resources water typing system (WAC 222-16-030) hereby adopted in its entirety by reference.
(Formerly 20.80.270. Ord. 238 Ch. VIII § 4(B), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.320 Fish and wildlife habitat – Buffer areas and riparian management zone.
A.
Buffer widths for fish and wildlife habitat areas shall be based on consideration of the following factors: species-specific recommendations of the Washington State Department of Fish and Wildlife; recommendations contained in a habitat management plan submitted by a qualified professional; and the nature and intensity of land uses and activities occurring on the land adjacent to the site.
B.
Riparian management zones are the area adjacent to a stream that has the potential to provide full riparian ecosystem functions for a stream including but not limited to bank stability, shade, pollution removal, contributions of detrital nutrients, recruitment of large woody debris, and wild-life habitat.
C.
Standard Required Riparian Management Zone Widths. Riparian management zones shall be located on both sides of the stream and measured from the ordinary high water mark (OHWM) or the top of the bank, or the outer edge of the channel migration zone (if one exists), whichever is greater. Based on the site potential tree height (SPTH200) in the Washington State Department of Fish and Wildlife’s 2020 Riparian Ecosystems, Volume 2: Science Synthesis and Management Implications, all streams in Shoreline, except piped streams, have a standard riparian management zone width of 200 feet. Piped streams do not have a riparian management zone, but rather a buffer of 10 feet on each side of the piped stream. Buffers of piped streams shall be measured with rounded ends where streams enter or exit piped segments.
D.
Increased Riparian Management Zone Widths. The standard riparian management zone widths shall be increased, as follows:
1.
When the qualified professional determines that the standard width is insufficient to protect the functions and values of the stream;
2.
When the flood hazard area exceeds the standard width, the riparian management zone shall extend to the outer edge of the flood hazard area; or
3.
When the habitat area is within an erosion or landslide hazard area, or buffer, the riparian management zone width shall be the recommended distance, or the erosion or landslide hazard area or buffer, whichever is greater.
E.
Reduced Riparian Management Zone Width. A reduced standard riparian management zone width may be allowed under the following circumstances:
1.
A report prepared by a qualified professional is submitted that demonstrates that the site potential tree height (SPTH200) of the predominant tree species is less than the standard width; however, the minimum riparian management zone width shall not be less than 100 feet. The report shall include a site-specific soil analysis completed by a licensed geologist or related licensed professional using Washington Department of Fish and Wildlife’s most recent version of Guidelines for Determining Site Potential Tree Height from Field Measurements;
2.
When the voluntary daylighting of a stream that is not required as mitigation for a development proposal a 25 percent reduction to the standard riparian management zone width is allowed. Further reductions in the standard riparian management zone width may be granted for daylighting if all of the following are demonstrated:
a.
A riparian management zone 75 percent of standard width would significantly limit the use of the property for existing or permitted uses, thus making the restoration project infeasible;
b.
The proposed width reduction is the minimum necessary to achieve the restoration project;
c.
There will be a net environmental benefit from the restoration project with the reduced riparian management zone width; and
d.
Granting the proposed relief is consistent with the objectives of the stream daylighting project and consistent with purposes of the City’s critical area regulations.
3.
A maximum of 25 percent reduction to the standard riparian management zone width may be allowed, provided the following criteria are met:
a.
The riparian management zone area being reduced is already impacted by legally constructed nonconforming improvements or sparsely vegetated or vegetated with invasive species; and
b.
A qualified professional provides an assessment of existing functions of the riparian management zone consistent with SMC § 20.80.325(B)(4); and
c.
A qualified professional provides an on-site riparian management zone enhancement plan. On-site enhancement measures may include enhancement to the riparian management zone or the stream. The enhancement measures determined most applicable and/or appropriate will be considered. The enhancement plans shall include a written assessment and accompanying maps and a planting plan of site-appropriate native species at natural densities including the following information at a minimum:
i.
A description of existing riparian management zone conditions and existing ecological functions;
ii.
A description of proposed riparian management zone enhancement measures and how proposed enhancement measures will increase riparian management zone functions in terms of stream and fish habitat protection;
iii.
A finding that the riparian management zone width reduction and associated enhancement result in no net loss of ecological function and that enhancement will improve upon existing functions; and
iv.
A monitoring program and contingency plan consistent with SMC § 20.80.100(D).
F.
Physically Separated and Functionally Isolated Riparian Management Zones. Consistent with the definition of Riparian Management Zones (SMC § 20.20.044), areas that are functionally isolated and physically separated from stream due to existing, legally established roadways, railroads or other legally established structures or paved areas eight feet or more in width that occur between the area in question and the stream shall be considered physically isolated and functionally separated from the stream and shall not be subject to the standards of this chapter. The obstruction causing the physical isolation or functional separation shall be significant enough in size that the riparian management zone cannot reasonably perform any of the ecological functions of a riparian management zone including bank stability, shade, pollution removal, contributions of detrital nutrients, recruitment of large woody debris, and wildlife habitat. A critical areas assessment prepared by a qualified professional determining whether the area is functionally isolated is required unless deemed unnecessary by the Director.
(Formerly 20.80.280. Ord. 238 Ch. VIII § 4(C), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 907 § 1 (Exh. B), 2020; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.325 Fish and wildlife habitat – Critical area report requirements.
A.
Report Required. If the Director determines that the site of a proposed development includes, is likely to include, or is adjacent to a fish and wildlife habitat conservation area, a critical area report shall be required. Critical area report requirements for fish and wildlife habitat conservation areas are generally met through submission to the Director of one or more fish and wildlife habitat critical area reports. In addition to the general critical area report requirements of SMC § 20.80.065, critical area reports for fish and wildlife habitat conservation areas must meet the requirements of this section. Critical area reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area.
B.
Minimum Report Contents for Fish and Wildlife Habitat Conservation Areas. The critical area written report(s) and accompanying plan sheet(s) shall contain the following information at a minimum:
1.
The minimum report contents required per SMC § 20.80.065(D);
2.
A discussion of the potential impacts to the fish and wildlife habitat conservation areas associated with anticipated hydroperiod alterations from the project;
3.
Habitat Assessment. A critical area report for a fish and wildlife habitat conservation area shall contain an assessment of habitats including the following site- and proposal-related information at a minimum:
a.
Detailed description of vegetation on and adjacent to the project area and its associated buffer;
b.
Identification of any species of local importance, priority habitat or species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species;
c.
A discussion of any Federal, State, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area;
d.
A detailed discussion of the direct and indirect potential impacts on habitat by the project, including potential impacts to water quality;
e.
A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs.
4.
Additional Technical Information Requirements for Streams. Critical area reports for streams must be consistent with the specific development standards for streams in SMC § 20.80.330 and may be met through submission of one or more specific report types. In addition to the basic critical area report requirements for fish and wildlife habitat conservation areas, technical information on streams shall include the following information at a minimum:
a.
A written assessment and accompanying maps of the stream and associated hydrologic features on and off site within 300 feet of the project area meeting the standards set by the Director.
b.
A detailed description and functional assessment of the riparian management zone under existing conditions pertaining to the protection of stream functions, fish habitat and, in particular, potential anadromous fisheries;
c.
A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on-site habitat and stream functions;
d.
A discussion of ongoing management practices that will protect stream functions and habitat value through maintenance of vegetation density within the riparian management zone.
(Formerly 20.80.290. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.330 Fish and wildlife habitat – Alterations.
A.
Activities and uses shall be prohibited in fish and wildlife habitat conservation areas and associated buffers, except as provided for in this subchapter. Unless specifically exempted under SMC § 20.80.075 and/or allowed under SMC § 20.80.080, or this section, development activities and uses that result in alteration of fish and wildlife habitat conservation areas shall be subject to the critical area reasonable use and special use provisions of SMC §§ 20.30.333 and 20.30.336, or subject to the provisions of the Shoreline Master Program where located within the shoreline jurisdiction.
B.
Activities Allowed in Fish and Wildlife Habitat Conservation Areas. The activities listed below are allowed in fish and wildlife habitat conservation areas. Additional allowed activities are listed in SMC § 20.80.080, Allowed activities. Exemptions are listed in SMC § 20.80.075, but do not apply within the shoreline jurisdiction. These activities do not require the submission of a critical area report.
1.
Conservation or preservation of soil, water, vegetation, fish, shellfish, and/or other wildlife that does not entail changing the structure or functions of the existing habitat conservation area.
2.
Clearing, grading, and the construction of fences and arbors are allowed within the required 10-foot stream buffers for a piped stream segment, if no other critical area or buffer is present.
C.
Activities Allowed in Riparian Management Zones. The activities listed below are allowed in riparian management zones with the approval of a critical area report consistent with SMC § 20.80.065 and 20.80.325. Additional allowed activities are listed in SMC § 20.80.080, Allowed activities. Exemptions are listed in SMC § 20.80.075, but do not apply within the shoreline jurisdiction.
1.
New Road and Utilities. Construction of new roads, utilities, and associated accessory structures, when no feasible alternative location exists; or
2.
Low Impact Stormwater Management Facilities. Establishment of low-impact stormwater management facilities, such as stormwater dispersion outfalls and bioswales, may be allowed consistent with the adopted stormwater manual; provided, that:
a.
No other location is feasible;
b.
Pipes and conveyance facilities only in the outer 25 percent of the riparian management zone;
c.
Low-impact stormwater management facilities consistent with the adopted stormwater manual may be allowed anywhere within riparian management zones when determined by a qualified professional that the location of the facility will enhance the riparian management zone and protect the stream; and
d.
Such facilities are designed consistent with the requirements of SMC § 20.70.330.
3.
One Time Expansion. A one-time expansion of hardscape, up to 500 square feet, on an existing legally developed property lying within the riparian management zone may be permitted when the following conditions are met:
a.
The expansion would occur at least 100 feet from the edge of the stream’s ordinary high water mark; and
b.
The expansion is no closer to the stream’s ordinary high-water mark than the existing legally established development; and
c.
The expansion is consistent with other applicable development regulations; and
d.
A mitigation plan consistent with SMC §§ 20.80.100 and 20.80.335 is approved; and
e.
Prior to final inspection, the applicant shall record a covenant or other restriction with the subject property’s title indicating that no further expansion of the building footprint or hardscape area is allowed within the riparian management zone on the site.
D.
General Standards for Alteration of Fish and Wildlife Habitat Conservation Areas.
1.
No plant, wildlife, or fish species not indigenous to the region shall be introduced into a fish and wildlife habitat conservation area unless authorized by a State or Federal permit or approval.
2.
When a species is more susceptible to adverse impacts during specific periods of the year, seasonal restrictions may apply. Larger buffers may be required and activities may be further restricted during the specified season.
3.
The subdivision and short subdivision of land in fish and wildlife habitat conservation areas and associated buffers or riparian management zones is subject to the following:
a.
Land that is located wholly within a fish and wildlife habitat conservation area or its buffer may not be subdivided;
b.
Land that is located partially within a fish and wildlife habitat conservation area or its buffer may be divided; provided, that the developable portion of each new lot and its access is located outside of the fish and wildlife habitat conservation area or its buffer. The final lots must each meet the minimum lot size requirements of SMC § 20.50.020.
c.
Access roads and utilities serving the proposed subdivision may be permitted within the fish and wildlife habitat conservation area and associated buffers only if the applicant’s qualified professional(s) demonstrate, and the City determines, that no other feasible alternative exists, all unavoidable impacts are fully mitigated, and the use is consistent with this chapter.
E.
Alteration of Endangered, Threatened, and Sensitive Species Habitat. No development shall be allowed within a fish and wildlife habitat conservation area or buffer with which State or Federally endangered, threatened, or sensitive species have a primary association, except that which is provided for by a management plan established by the Washington Department of Fish and Wildlife or applicable State or Federal agency.
1.
Whenever activities are proposed adjacent to a fish and wildlife habitat conservation area with which State or Federally endangered, threatened, or sensitive species have a primary association, such area shall be protected through the application of protection measures in accordance with a critical area report prepared by a qualified professional and approved by the City. Approval for alteration of the fish and wildlife habitat conservation area or its buffer shall not occur prior to consultation with the Washington Department of Fish and Wildlife for animal species, the Washington State Department of Natural Resources for plant species, and other appropriate Federal or State agencies.
F.
Alteration of Priority Habitats. Fish and wildlife habitat conservation areas or buffers with which species that are not State or Federally listed as endangered, threatened, or sensitive species and are not anadromous fish species shall be subject to the following:
1.
Development activities and uses that result in unavoidable impacts may be permitted in priority species habitat areas and associated buffers in accordance with an approved critical area(s) report and habitat management plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant’s objectives. Full compensation for the loss of acreage and functions of habitat and buffer areas shall be provided in compliance with the mitigation performance standards and requirements of these regulations.
G.
Additional Requirements for Alteration of Waters Containing Anadromous Fish. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards:
1.
Subsection E of this section applies to anadromous fish where those populations are identified as endangered, threatened or sensitive species;
2.
Activities shall be timed to occur only during the allowable work window as designated by the Washington Department of Fish and Wildlife for the applicable species;
3.
An alternative alignment or location for the activity is not feasible;
4.
The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas and any impacts to the functions or values of the fish and wildlife habitat conservation area are mitigated in accordance with an approved critical area report;
5.
Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring techniques, according to an approved critical area report; and
6.
Structures that prevent migration shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided, consistent with RCW 77.57.030, that allow the upstream migration of adult fish and prevent fry and juveniles migrating downstream from being trapped or harmed; and
7.
Fills, when authorized by the City and all applicable joint aquatic resource permit application approvals, shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be allowed for a water-dependent use.
H.
Additional Requirements for Alteration of Streams. All activities shall be designed and constructed in accordance with applicable state regulations, including provisions governing fish passage and habitat protection.
1.
Type S, F and Np Streams. Unless specifically exempted under SMC § 20.80.075 and/or allowed under SMC § 20.80.080, or this section, development activities and uses that result in alteration of type S, F and Np streams and their riparian management zones shall be prohibited, subject to the critical area reasonable use and special use provisions of SMC § 20.30.333 and 20.30.336, or subject to the provisions of the Shoreline Master Program where located within the shoreline jurisdiction.
2.
Type Ns Streams. Development activities and uses that result in unavoidable impacts may be permitted in Type Ns streams and associated riparian management zones in accordance with an approved critical area(s) report and compensatory mitigation plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant’s objectives. Full compensation for the loss of acreage and functions of streams and riparian management zones shall be provided in compliance with the mitigation performance standards and requirements of these regulations.
3.
Stream Crossing. Crossing of streams may be permitted based on the findings in a critical area report, subject to the limitations in subsections (H)(1) and (H)(2) of this section, and consistent with the following:
a.
Bridges. Bridges shall be used to cross Type S and Type F-anadromous streams. Culverted crossings and other obstructive means of crossing Type S and Type F-anadromous streams shall be prohibited; and
b.
Culverts. Culverts are allowed for crossing of Type F-nonanadromous, Np, and Ns streams when fish passage will not be impaired and when the following design criteria and conditions are met:
i.
The City may require that a culvert be removed from a stream as a condition of approval, unless it is demonstrated conclusively that the culvert is not detrimental to fish habitat or water quality, or removal would be detrimental to fish or wild-life habitat or water quality.
4.
Relocation. Relocation of a Type S, F, or Np stream may be allowed, subject to the limitations in subsections (H)(1) of this section, and only when the proposed relocation is part of an approved mitigation or rehabilitation plan, will result in equal or better habitat and water quality, and will not diminish the flow capacity of the stream. Relocation of a Type Ns stream may be allowed, subject to the limitation in subsection (H)(2) of this section, and only when the proposed relocation will result in equal or better habitat and water quality and will not diminish the flow capacity of the stream.
5.
Restoring Piped Watercourses. The City allows the voluntary opening of previously channelized/culverted streams and the rehabilitation and restoration of streams. Restoring piped watercourses may be approved, consistent with the following:
a.
When piped watercourse sections are restored, a riparian management zone shall be required of the stream section. The width shall be consistent with SMC § 20.80.320(E)(2). The stream and riparian management zone shall include habitat improvements and measures to prevent erosion, landslide, and water quality impacts. Opened channels shall be designed to support fish and wildlife habitat and uninhibited fish access, unless determined to be unfeasible as demonstrated in a restoration plan reviewed and approved by the City;
b.
Removal of pipes conveying streams shall only occur when the City determines that the proposal will result in an improvement of water quality and ecological functions and will not significantly increase the threat of erosion, flooding, slope stability, or other hazards; and
c.
Where the riparian management zone of the restored stream would extend onto an adjacent property, the applicant shall obtain a written agreement from the affected neighboring property owner prior to the City approving the restoration of the piped watercourse.
I.
Alteration of Wetland Habitats. All proposed activities within or adjacent to fish and wildlife habitat conservation areas containing wetlands shall conform to the wetland development performance standards set forth in Chapter 20.80 SMC, Subchapter 4, Wetlands. If nonwetlands habitat and wetlands are present at the same location, the provisions of this subchapter or the Wetlands subchapter, whichever provides greater protection to the habitat, apply.
(Formerly 20.80.274 and 20.80.276. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.335 Fish and wildlife habitat – Mitigation.
A.
Requirements for Mitigation. Mitigation is required where impacts cannot be avoided and must be sufficient to achieve no net loss of ecological functions. Mitigation shall be consistent with the recommendations specific to the habitat or species of the Washington State Department of Fish and Wildlife Priority Habitat Program. Mitigation plans shall be prepared by a qualified professional and submitted as part of the required critical area report, consistent with the requirements of SMC § 20.80.100, and this section.
1.
Additional Requirements for Stream Mitigation. Proposals which include mitigation for impacts to stream area functions and values shall demonstrate that:
a.
All feasible and reasonable measures will be taken to reduce impacts and losses to the stream, or to avoid impacts where avoidance is required by these regulations;
b.
The mitigated stream area or riparian management zone will be available and persistent as the stream or riparian management zone being compensated for; and
c.
No overall net loss will occur in stream functions and values.
B.
Preference of Mitigation Actions. Methods to achieve compensation for fish and wildlife habitat functions and values shall be approached in the following order of preference:
1.
Protection. Mitigation measures that increase the protection of the identified fish and wild-life habitat conservation areas may include but are not limited to:
a.
Increased or enhanced buffers;
b.
Setbacks for permanent and temporary structures;
c.
Reduced project scope;
d.
Limitations on construction hours including seasonal restrictions of construction activities;
e.
Limitations on hours of operation; and/or
f.
Relocation of access;
2.
Restoration. Restoration of degraded habitat.
3.
Creation. Creation (establishment) of wildlife habitat on disturbed upland sites such as those with vegetative cover consisting primarily of nonnative species. This should be attempted only when the site conditions are conducive to the habitat type that is anticipated in the design.
4.
Enhancement. Enhancement of significantly degraded habitat in combination with restoration or creation. Enhancement includes replacing the impacted area and meeting appropriate ratio requirements.
5.
Preservation. Preservation of high-quality, at-risk fish and wildlife habitat as compensation is generally acceptable when done in combination with restoration, creation, or enhancement; provided, that a minimum of 1:1 acreage replacement is provided by reestablishment or creation. Preservation of high-quality, at-risk fish and wildlife habitat may be considered as the sole means of compensation for habitat impacts when the following criteria are met:
a.
Habitat impacts will not have a significant adverse impact on habitat for listed fish, or other ESA-listed species;
b.
There is no net loss of habitat functions and values within the watershed or basin;
c.
The impact area is small (generally less than one-half acre) and/or impacts are occurring to a low-functioning system; and
d.
All preservation sites shall include buffer areas adequate to protect the habitat and its functions and values from encroachment and degradation.
C.
Performance Standards. The following performance standards shall apply to any mitigation for development proposed within fish and wildlife habitat conservation areas, buffers, or riparian management zones:
1.
The maintenance and protection of habitat functions and values shall be considered a priority in site planning and design;
2.
Buildings and structures shall be located in a manner that preserves and minimizes adverse impacts to important habitat areas;
3.
Retained habitat shall be integrated into open space and landscaping;
4.
Habitat shall be located contiguous to other habitat areas, open space, or landscaped areas, both on and off site, to contribute to a continuous system or corridor that provides connections to adjacent habitat areas;
5.
When planting is required, the following standards shall apply:
a.
Native species, indigenous to the region, shall be used;
b.
Plant selection shall be consistent with the existing or projected site conditions, including slope aspect, moisture, and shading;
c.
Plants should be commercially available or available from local sources;
d.
Plant species high in food and cover value for fish and wildlife shall be used;
e.
A minimum of 75 percent of the planted species shall be perennial, unless a lower percentage is recommended by a qualified professional;
f.
Committing significant areas of the site to species that have questionable potential for successful establishment shall be avoided;
g.
Plant selection, densities, and placement of plants must be determined by a qualified professional and shown on the design plans;
h.
Stockpiling soil and construction materials should be confined to upland areas and contract specifications should limit stockpiling of earthen materials to durations in accordance with City clearing and grading standards, unless otherwise approved by the City;
i.
Planting instructions shall be submitted which describe placement, diversity, and spacing of seeds, tubers, bulbs, rhizomes, sprigs, plugs, and transplanted stock;
j.
Controlled release fertilizer shall be applied (if required) at the time of planting and afterward only as plant conditions warrant as determined during the monitoring process;
k.
An irrigation system shall be installed, if necessary, for the initial establishment period;
l.
The heterogeneity and structural diversity of vegetation shall be emphasized in landscaping; and
m.
Significant trees, woody debris, and snags shall be preserved;
D.
Location and Timing of Stream Mitigation.
1.
Mitigation shall be provided on site, unless on-site mitigation is not scientifically feasible due to the physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on site.
2.
When mitigation cannot be provided on site, mitigation shall be provided in the immediate vicinity of the permitted activity on property owned or controlled by the applicant, provided such mitigation is beneficial to the fish and wildlife habitat conservation area and associated resources. Mitigation may be considered on City-owned property, or on similar publicly owned property through a City mitigation program if programmatic mitigation areas have been identified by the City.
3.
Only when it is determined by the City that subsection (A)(1) of this section is inappropriate and impractical shall off-site, out-of-kind mitigation be considered.
4.
When stream mitigation is permitted by these regulations on site or off site, the mitigation project shall occur near an adequate water supply (stream, ground water) with a hydrologic connection to the mitigation area to ensure successful development or restoration.
5.
Any agreed-upon mitigation proposal shall be completed prior to project construction, unless a phased schedule that assures completion concurrent with project construction has been approved by the City.
6.
Restored or created streams, where permitted by these regulations, shall be an equivalent or higher stream value or function than the altered stream.
7.
Any in-water work shall follow the timing provisions from Hydrologic Project Approval from the Washington Department of Fish and Wildlife.
(Formerly 20.80.300. Ord. 238 Ch. VIII § 4(E), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.410 Wetlands – Designation and purpose.
A.
Wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. All areas meeting the definition of a wetland and identification criteria as wetlands pursuant to SMC § 20.80.415, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter.
Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, bioswales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.
B.
Wetlands help to maintain water quality; store and convey stormwater and floodwater; recharge ground water; provide important fish and wildlife habitat; and serve as areas for recreation, education, scientific study and aesthetic appreciation.
C.
The City’s overall goal shall be to achieve no net loss of wetlands. This goal shall be implemented through retention of the function, value and acreage of wetlands within the City. Wetland buffers serve to moderate runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; protect wetland resources from harmful intrusion; and generally preserve the ecological integrity of the wetland area.
D.
The primary purpose of the wetland regulations is to avoid detrimental wetland impacts and achieve a goal of no net loss of wetland function, value and acreage; and where possible enhance and restore wetlands.
(Formerly 20.80.310. Ord. 238 Ch. VIII § 5(A), 2000; Ord. 398 § 1, 2006; Ord. 695 § 1 (Exh. A), 2014; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.415 Wetlands – Classification.
A.
All wetlands shall be rated by a qualified professional according to the current Washington State Department of Ecology wetland rating system, as set forth in the Washington State Wetland Rating System for Western Washington 2014 Update, Version 2.0 (Ecology Publication No. 23-06-009, or as revised). Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the City, as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted activities.
1.
Category I. Category I wetlands are those that represent unique or rare wetland types, are more sensitive to disturbance than most wetlands, are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime, or provide a high level of functions. The following types of wetlands are Category I:
a.
Relatively undisturbed estuarine wetlands larger than one acre;
b.
Wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR;
c.
Bogs;
d.
Mature and old-growth forested wetlands larger than one acre;
e.
Wetlands in coastal lagoons; and
f.
Wetlands that perform many functions well (scoring 23 points or more based on functions).
2.
Category II. Category II wetlands are those that are difficult, though not impossible, to replace and provide high levels of some functions. The following types of wetlands are Category II:
a.
Estuarine wetlands smaller than one acre, or disturbed estuarine wetlands larger than one acre;
b.
Interdunal wetlands larger than one acre or those found in a mosaic of wetlands; and
c.
Wetlands with a moderately high level of functions (scoring between 20 and 22 points).
3.
Category III. Category III wetlands are those with a moderate level of functions, generally have been disturbed in some ways, can often be adequately replaced with a well-planned mitigation project, and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. The following types of wetlands are Category III:
a.
Wetlands with a moderate level of functions (scoring between 16 and 19 points); or
b.
Interdunal wetlands between 0.1 and one acre.
4.
Category IV. Category IV wetlands are those with the lowest levels of functions (scoring below 16 points) and are often heavily disturbed. These are wetlands that should be able to replace, or in some cases to improve. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and also need to be protected.
B.
Illegal Modifications. Wetland rating categories shall not change due to illegal modifications or alterations. A wetland’s category shall be based on the pre-modification/alteration analysis of the wetland.
C.
At the time of adoption of the updated critical areas regulations, Ordinance 1045, there were no identified Category I wetlands identified within the City of Shoreline. If this category of wetland is subsequently identified, any applicable standards may be added or modified by the Director based on Washington State guidance on protection of the identified type of resource where the adopted regulations do not address the specified type of wetland.
(Formerly 20.80.320. Ord. 238 Ch. VIII § 5(B), 2000; Ord. 398 § 1, 2006; Ord. 695 § 1 (Exh. A), 2014; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.420 Wetlands – Buffer areas.
A.
Standard Wetland Buffer Width. The standard buffer widths in Table 20.80.420(A)(1) have been established in accordance with the best available science. The buffer widths shall be determined based on the category of wetland and the habitat score as assigned by a qualified wetland professional using the Washington State Wetland Rating System for Western Washington.
1.
All buffers shall be measured perpendicular from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland.
2.
The standard buffer widths assume that the buffer is a relatively intact native plant community in the buffer zone adequate to protect the wetland functions and values at the time of the proposed activity. If the existing buffer is bare ground, sparsely vegetated, or vegetated with nonnative or invasive species that do not perform needed functions, then the applicant must either develop and implement a wetland buffer restoration or enhancement plan to maintain the standard width to create the appropriate plant community or the buffer must be widened to ensure that adequate functions of the buffer are provided.
3.
The use of the standard buffer widths requires the implementation of the mitigation measures in Table 20.80.420(A)(2), where applicable to the development type, to minimize the impacts of the adjacent land uses.
4.
If an applicant chooses not to apply the appropriate mitigation measures in Table 20.80.420(A)(2), then a 33 percent increase in the width of all buffers is required. For example, a 75-foot buffer with the mitigation measures would be a 100-foot buffer without them.
Table 20.80.420(A)(1) Wetland Buffer Requirements | ||||
|---|---|---|---|---|
Wetland Category | Buffer Width According to Habitat Score | |||
Habitat Score of 3 – 4 | Habitat Score of 5 | Habitat Score of 6 – 7 | Habitat Score of 8 – 9 | |
Category I: Based on total score or Forested | 75 ft | 105 ft | 165 ft | 225 ft |
Category I: Estuarine | 150 ft (no change based on habitat scores) | |||
Category II: Based on total score | 75 ft | 105 ft | 165 ft | 225 ft |
Category III (all) | 60 ft | 105 ft | 165 ft | 225 ft |
Category IV (all) | 40 ft (no change based on habitat scores) | |||
Table 20.80.420(A)(2) Required Measures to Minimize Impacts to Wetlands (Measures are required, where applicable to a specific proposal) | ||
|---|---|---|
Disturbance | Activities and Uses That Cause Disturbances | Required Measures to Minimize Impacts |
Lights | • Parking lots • Warehouses • Manufacturing • Residential | • Direct lights away from wetland. |
Noise | • Manufacturing • Residential | • Locate activity that generates noise away from wetland. • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source. • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10 ft heavily vegetated buffer strip immediately adjacent to the outer wetland buffer. |
Toxic runoff* | • Parking lots • Roads • Manufacturing • Residential areas • Application of agricultural pesticides • Landscaping | • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered. • Establish covenants limiting use of pesticides and fertilizers within 150 ft of wetland. • Apply integrated pest management. |
Stormwater runoff | • Parking lots • Roads • Manufacturing • Residential areas • Commercial • Landscaping | • Retrofit stormwater detention and treatment for roads and existing adjacent development. • Prevent channelized flow from lawns that directly enters the buffer. • Use low intensity development techniques (per PSAT publication on LID techniques). |
Change in water regime | • Impermeable surfaces • Lawns • Tilling | • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns. |
Pets and human disturbance | • Residential areas | • Use privacy fencing OR plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion. • Place wetland and its buffer in a separate tract or protect with a conservation easement. |
Dust | • Tilled fields | • Use best management practices to control dust. |
Disruption of corridors or connections | • Maintain connections to off-site areas that are undisturbed. • Restore corridors. | |
Notes: |
|---|
* These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered species are present at the site. Additional mitigation measures may be required based on recommendation of a qualified professional, third party review, or State agency recommendations. |
B.
Increased Wetland Buffer Width. Buffer widths shall be increased, on a case-by-case basis as determined by the Director, when a larger buffer is necessary to protect wetland functions and values. This determination shall be supported by a critical area report, prepared by a qualified professional at the applicant’s expense, showing that it is reasonably related to protection of the functions and values of the wetland. The critical area report must include, but not be limited to, the following criteria:
1.
The wetland is used by a plant or animal species listed by the Federal government or the State as endangered, threatened, candidate, sensitive, monitored, or documented priority species or habitats, or the wetland is essential or outstanding habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or
2.
The adjacent land has slopes greater than 15 percent and is susceptible to severe erosion, and erosion-control measures will not effectively prevent adverse wetland impacts; or
3.
The adjacent land has minimal vegetative cover. In lieu of increasing the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and values, development and implementation of a wetland buffer restoration/enhancement plan in accordance with SMC § 20.80.435 may be substituted.
C.
Reduced or Averaged Wetland Buffer Width. A reduced or averaged standard wetland buffer width may be allowed under the following circumstances:
1.
Buffer averaging to improve wetland protection may be permitted when all of the following conditions are met:
a.
The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or is a “dual-rated” wetland with a Category I area adjacent to a lower rated area;
b.
The buffer is increased adjacent to the higher functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower functioning or less sensitive portion as demonstrated by a critical areas report from a qualified wetland professional;
c.
The total area of the buffer after averaging is equal to the area required without averaging; and
d.
The buffer at its narrowest point is never less than either three-fourths of the required width or 75 feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV, whichever is greater.
2.
Averaging, through a critical area reasonable use permit consistent with SMC § 20.30.333 or critical area special use permit consistent with SMC § 20.30.336 or a shoreline variance consistent with 20.220.040, may be permitted when all of the following are met:
a.
There are no feasible alternatives to the site design that could be accomplished without buffer averaging;
b.
The averaged buffer will not result in degradation of the wetland’s functions and values as demonstrated by a critical areas report from a qualified wetland professional;
c.
The total buffer area after averaging is equal to the area required without averaging; and
d.
The buffer at its narrowest point is never less than either three-fourths of the required width or 75 feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV, whichever is greater.
3.
When the voluntary creation or expansion of a wetland that is not required as mitigation for a development proposal and would increase the area of the wetland and/or wetland buffer a buffer that is no less than 75 percent of the standard width shall be established. Further reductions in standard buffer width may be granted if the following are demonstrated:
a.
A wetland buffer 75 percent of standard width would significantly limit the use of the property for existing or permitted uses, thus making the wetland creation or expansion project infeasible;
b.
The proposed width reduction is the minimum necessary to achieve the restoration project;
c.
There will be a net environmental benefit from the restoration project with the reduced riparian management zone width;
d.
Granting the proposed relief is consistent with the objectives of the wetland creation or expansion project and consistent with the purposes of the City’s critical area regulations.
D.
Buffers on Mitigation Sites. All mitigation sites shall have buffers consistent with the buffer requirements of this chapter. Buffers shall be based on the expected or target category of the proposed wetland mitigation site.
E.
Buffer Maintenance. Except as otherwise specified or allowed in accordance with this chapter, wetland buffers shall be retained in an undisturbed or enhanced condition. In the case of compensatory mitigation sites, removal of invasive nonnative weeds is required for the duration of the required monitoring period.
F.
Overlapping Critical Area Buffers. If buffers for two contiguous critical areas overlap (such as riparian management zone for a stream and a wetland buffer), the wider area applies.
G.
Physically Separated and Functionally Isolated Wetland Buffers. Consistent with the definition of “buffers” (SMC § 20.20.012), areas that are functionally isolated and physically separated from wetland due to existing, legally established roadways, railroads, or other legally established structures or paved areas eight feet or more in width that occur between the area in question and the wetland shall be considered physically isolated and functionally separated wetland buffers and shall not be subject to the standards of this chapter. The obstruction causing the physical isolation or functional separation shall be significant enough in size that the wetland buffer cannot reasonably perform any of the ecological functions of a buffer including water quality, stormwater and floodwater conveyance, groundwater recharge and wildlife habitat. A critical areas assessment prepared by a qualified professional determining whether the area is functionally isolated is required unless deemed unnecessary by the Director.
(Formerly 20.80.330. Ord. 238 Ch. VIII § 5(C), 2000; Ord. 398 § 1, 2006; Ord. 469 § 1, 2007; Ord. 695 § 1 (Exh. A), 2014; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.425 Wetlands – Critical area report requirements.
A.
Report Required. If the Director determines that the site of a proposed development includes, is likely to include, or is adjacent to, a wetland, a wetland critical area report shall be required, at the applicant’s expense. Critical area report requirements for wetland areas are generally met through submission to the Director of one or more wetland critical area reports. In addition to the general critical area report requirements of SMC § 20.80.065, critical area reports for wetlands must meet the requirements of this section. Critical area reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area.
B.
Minimum Report Contents for Wetlands. The written critical area report(s) and accompanying plan sheet(s) shall contain the following information, at a minimum:
1.
The minimum report contents required per SMC § 20.80.065(D);
2.
For each wetland identified on site and off site within 300 feet of the project site provide:
a.
The wetland rating, including a description of and score for each function, per wetland ratings (SMC § 20.80.415);
b.
Required buffers (SMC § 20.80.420);
c.
Hydrogeomorphic classification;
d.
Wetland acreage based on a professional survey from the field delineation (acreages for on-site portion and entire wetland area including off-site portions);
e.
Cowardin classification of vegetation communities;
f.
Habitat elements;
g.
Soil conditions based on site assessment and/or soil survey information; and
h.
To the extent possible, hydrologic information such as location and condition of inlet/outlets (if they can be legally accessed), estimated water depths within the wetland, and estimated hydroperiod patterns based on visual cues (e.g., algal mats, drift lines, flood debris, etc.). Provide acreage estimates, classifications, and ratings based on entire wetland complexes, not only the portion present on the proposed project site.
3.
An analysis of site development alternatives, including a no-development alternative;
4.
An assessment of the probable cumulative impacts to the wetlands and buffers resulting from the proposed development;
5.
A conservation strategy for habitat and native vegetation that addresses methods to protect and enhance on-site habitat and wetland functions; and
6.
An evaluation of the functions of the wetland and adjacent buffer. Include reference for the method used and data sheets.
(Formerly 20.80.340. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.430 Wetlands – Alterations.
A.
Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this chapter.
B.
Activities Allowed in Wetlands. The activities listed below are allowed in wetlands. Additional allowed activities are listed in SMC § 20.80.080, Allowed Activities. Exemptions are listed in the provisions established in SMC § 20.80.075, but do not apply within the shoreline jurisdiction. These activities do not require submission of a critical area report, except where such activities result in a loss of the functions and values of a wetland or wetland buffer.
1.
Conservation or preservation of soil, water, vegetation, fish, shellfish, and/or other wildlife that does not entail changing the structure or functions of the existing wetland.
2.
Drilling for utilities/utility corridors under a wetland, with entrance/exit portals located completely outside of the wetland buffer; provided, that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column will be disturbed.
C.
Activities Allowed in Wetland Buffers. The activities listed below are allowed in wetland buffers. Additional allowed activities are listed in SMC § 20.80.080, Allowed activities. Exemptions are listed in SMC § 20.80.075, but do not apply within the shoreline jurisdiction. These activities do not require submission of a critical area report, except where such activities result in a loss of the functions and values of a wetland or wetland buffer.
1.
Utility Drilling. Drilling for utilities/utility corridors under a buffer, with entrance/exit portals located completely outside of the wetland buffer boundary; provided, that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column is disturbed.
2.
Low Impact Stormwater Management Facilities. Stormwater management facilities are limited to stormwater dispersion outfalls, bioswales, and other low-impact facilities consistent with the adopted stormwater manual. They may be allowed within the outer 25 percent of the buffer of Category III or IV wetlands only; provided, that:
a.
No other location is feasible;
b.
The location of such facilities will not degrade the functions or values of the wetland; and
c.
Stormwater management facilities are not allowed in buffers of Category I or II wetlands.
D.
Subdivisions.
1.
The subdivision and/or short subdivision of land in wetlands and associated buffers are subject to the following:
a.
Land that is located wholly within a wetland and/or its buffer may not be subdivided; and
b.
Land that is located partially within a wetland and/or its buffer may be subdivided; provided, that an accessible and contiguous portion of each new lot is:
i.
Located outside of the wetland and its buffer; and
ii.
Meets the minimum lot size requirements of SMC § 20.50.020.
E.
Alterations of Category I Wetlands. Unless specifically exempted under SMC § 20.80.075 and/or allowed under SMC § 20.80.080, subsection B or C of this section, development activities and uses that result in alteration of Category I wetlands and their associated buffers shall be prohibited subject to the reasonable use provisions and special use provisions of SMC § 20.30.333 and 20.30.336, unless otherwise allowed by the exemptions or allowed activities provisions of this chapter, or subject to the provisions of the Shoreline Master Program where the proposed development activity is located within the shoreline jurisdiction.
F.
Alteration of Category II and III Wetlands. Development activities and uses that result in alteration of Category II and III wetlands and their associated buffers are prohibited, unless the applicant can demonstrate that:
1.
The basic project proposed cannot reasonably be accomplished on another site or sites in the general region while still successfully avoiding or resulting in less adverse impact on a wetland;
2.
All on-site alternative designs that would avoid or result in less adverse impact on a wetland or its buffer, such as a reduction to the size, scope, configuration, or density of the project are not feasible; and
3.
Full compensation for the loss of acreage and functions and values of wetland and buffers due to unavoidable impacts shall be provided in compliance with the mitigation performance standards and requirements of this chapter.
G.
Alterations of Category IV Wetlands, Except Small Hydrologically Isolated Wetlands. Development activities and uses that result in unavoidable impacts may be permitted in Category IV wetlands and associated buffers in accordance with an approved critical area(s) report and compensatory mitigation plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant’s objectives. Full compensation for the loss of acreage and functions and values of wetland and buffers shall be provided in compliance with the mitigation performance standards and requirements of these regulations.
H.
Small, Hydrologically Isolated Category IV Wetlands. The Director may allow small, hydrologically isolated Category IV wetlands to be exempt from the avoidance sequencing provisions of SMC § 20.80.095 and subsection F of this section and allow alteration of such wetlands; provided, that a submitted critical area report and mitigation plan provides evidence that all of the following conditions are met:
1.
The wetland is less than 1,000 square feet in area;
2.
The wetland is a low quality Category IV wetland with a habitat score of less than three points in the adopted rating system;
3.
The wetland does not contain habitat identified as essential for local populations of priority species identified by the Washington Department of Fish and Wildlife or species of local importance which are regulated as fish and wildlife habitat conservation areas in Chapter 20.80, Subchapter 3;
4.
The wetland is not associated with riparian areas or buffers;
5.
The wetland is not part of a wetland mosaic; and
6.
A mitigation plan to replace lost wetland functions and values is developed, approved, and implemented consistent with SMC § 20.80.435.
(Formerly 20.80.324. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.435 Wetlands – Mitigation.
A.
Requirements for Mitigation. Mitigation is required where impacts cannot be avoided and must be sufficient to achieve no net loss of ecological functions. Mitigation plans shall be submitted as part of the required critical area report, consistent with the requirements of SMC § 20.80.100, this section, and with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication No. 06-06-011b, March 2006, or as revised). Mitigation requirements may also be determined using the credit/debit tool described in “Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Operational Draft” (Ecology Publication No. 10-06-011, February 2011, or as revised) consistent with subsection E of this section.
B.
Preference of Mitigation Actions. Methods to achieve compensation for wetland functions and values shall be approached in the following order of preference:
1.
Restoration. Restoration of wetlands.
2.
Creation. Creation (establishment) of wetlands on disturbed upland sites, such as those with vegetative cover consisting primarily of nonnative species. This should be attempted only when there is an adequate source of water and it can be shown that the surface and subsurface hydrologic regime is conducive to the wetland community that is anticipated in the design.
3.
Enhancement. Enhancement of significantly degraded wetlands in combination with restoration or creation. Enhancement includes replacing the impacted area and meeting appropriate ratio requirements.
4.
Preservation. Preservation of high-quality, at-risk wetlands as compensation is generally acceptable when done in combination with restoration, creation, or enhancement; provided, that a minimum of 1:1 acreage replacement is provided by reestablishment or creation. Preservation of high-quality, at-risk wetlands and habitat may be considered as the sole means of compensation for wetland impacts when the following criteria are met:
a.
Wetland impacts will not have a significant adverse impact on habitat for listed fish, or other ESA-listed species;
b.
There is no net loss of habitat functions within the watershed or basin;
c.
Mitigation ratios for preservation as the sole means of mitigation shall generally start at 20:1. Specific ratios should depend upon the significance of the preservation project and the quality of the wetland resources lost;
d.
The impact area is small (generally less than one-half acre) and/or impacts are occurring to a low-functioning system (Category III or IV wetland); and
e.
All preservation sites shall include buffer areas adequate to protect the habitat and its functions from encroachment and degradation.
C.
Mitigation Performance Standards. The performance standards in this section shall be incorporated into mitigation plans submitted to the City for impacts to wetlands. The following performance standards shall apply to any mitigations proposed within Category I, II, III and IV wetlands and their buffers. Modifications to these performance standards consistent with the guidance in Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication No. 06-06-011b, March 2006, or as revised) may be considered for approval by the Director as alternatives to the following standards:
1.
Plants indigenous to the region (not introduced or foreign species) shall be used.
2.
Plant selection shall be consistent with the existing or projected hydrologic regime, including base water levels and stormwater event fluctuations.
3.
Plants should be commercially available or available from local sources.
4.
Plant species high in food and cover value for fish and wildlife shall be used.
5.
Mostly perennial species should be planted.
6.
Committing significant areas of the site to species that have questionable potential for successful establishment shall be avoided.
7.
Plant selection, planting densities, and placement of plants shall be determined by a qualified professional.
8.
The following standards shall apply to wetland design and construction:
a.
Water depth shall not exceed six and one-half feet (two meters).
b.
The grade or slope that water flows through the wetland shall not exceed six percent.
c.
Slopes within the wetland basin and the buffer zone shall not be steeper than 3:1 (horizontal to vertical).
d.
The wetland (excluding the buffer area) should not contain more than 60 percent open water as measured at the seasonal high water mark.
9.
Substrate should consist of a minimum of one foot, in depth, of clean (uncontaminated with chemicals or solid/hazardous wastes) inorganic/organic materials.
10.
Stockpiling soil and construction materials should be confined to upland areas and contract specifications should limit stockpiling of earthen materials to durations in accordance with City clearing and grading standards, unless otherwise approved by the City.
11.
Planting instructions shall be submitted which describe placement, diversity, and spacing of seeds, tubers, bulbs, rhizomes, sprigs, plugs, and transplanted stock.
12.
Controlled release fertilizer shall be applied (if required) at the time of planting and afterward only as plant conditions warrant as determined during the monitoring process.
13.
An irrigation system shall be installed, if necessary, for the initial establishment period.
D.
Type and Location of Compensatory Mitigation. Unless it is demonstrated that a higher level of ecological functioning would result from an alternative approach, compensatory mitigation for ecological functions shall be either in kind and on site, or in kind and within the same stream reach, sub-basin, or drift cell (if estuarine wetlands are impacted). Compensatory mitigation actions shall be conducted within the same sub-drainage basin and on the site of the alteration, except when all of the following apply:
1.
There are no reasonable opportunities on site or within the sub-drainage basin (e.g., on-site options would require elimination of high-functioning upland habitat), or opportunities on site or within the subdrainage basin do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts. Considerations should include:
a.
Anticipated replacement ratios for wetland mitigation;
b.
Buffer conditions and proposed widths;
c.
Available water to maintain anticipated hydrogeomorphic classes of wetlands when restored; and
d.
Proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity);
2.
Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the impacted wetland;
3.
Off-site locations shall be in the same subdrainage basin, unless watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the City and strongly justify location of mitigation at another site; and
4.
The design for the compensatory mitigation project needs to be appropriate for its location (i.e., position in the landscape). Therefore, compensatory mitigation should not result in the creation, restoration, or enhancement of an atypical wetland. An atypical wetland refers to a compensation wetland (e.g., created or enhanced) that does not match the type of existing wetland that would be found in the geomorphic setting of the site (i.e., the water source(s) and hydroperiod proposed for the mitigation site are not typical for the geomorphic setting). Likewise, it should not provide exaggerated morphology or require a berm or other engineered structures to hold back water.
E.
Wetland Mitigation Ratios1.
Table 20.80.435(E). Wetland mitigation ratios apply when impacts to wetlands cannot be avoided or are otherwise allowed consistent with the provisions of this chapter. | ||||
|---|---|---|---|---|
Category and Type of Wetland2 | Creation or Reestablishment (Area – in square feet) | Rehabilitation (Area – in square feet) | Enhancement (Area – in square feet) | Preservation (Area – in square feet) |
Category I: Based on total score for functions | 4:1 | 8:1 | 16:1 | 20:1 |
Category I: Mature forested | 6:1 | 12:1 | 24:1 | 24:1 |
Category I: Estuarine | Case-by-case | 6:1 | Case-by-case | Case-by-case |
Category II: Based on total score for functions | 3:1 | 6:1 | 12:1 | 20:1 |
Category III (all) | 2:1 | 4:1 | 8:1 | 15:1 |
Category IV (all) | 1.5:1 | 3:1 | 6:1 | 10:1 |
Notes: |
|---|
1 Ratios for rehabilitation and enhancement may be reduced when combined with 1:1 replacement through creation or reestablishment. See Table 1a or 1b, Wetland Mitigation in Washington State – Part 1: Agency Policies and Guidance – (Version 1) (Ecology Publication No. 06-06-011a, March 2006, or as revised). |
2 Category and rating of wetland as determined consistent with SMC § 20.80.415. |
F.
Buffer Mitigation Ratios. Impacts to buffers shall be mitigated at a 1:1 ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development.
G.
Additional Requirements For Wetland Mitigation Plan. The mitigation plan must meet the following additional standards:
1.
Description of the existing wetland and buffer areas proposed to be impacted. Include acreage (or square footage), water regime, vegetation, soils, landscape position, surrounding land uses, and functions. Also describe impacts in terms of acreage by Cowardin classification, hydrogeomorphic classification, and wetland rating, based on wetland ratings (SMC § 20.80.415);
2.
Description of the compensatory mitigation site, including location and rationale for selection. Include an assessment of existing conditions: acreage (or square footage) of wetlands and uplands, water regime, sources of water, vegetation, soils, landscape position, surrounding land uses, and functions. Estimate future conditions in this location if the compensation actions are not undertaken (i.e., how would this site progress through natural succession);
3.
A description of the proposed actions for compensation of wetland and upland areas affected by the project. Include overall goals of the proposed mitigation, including a description of the targeted functions, hydrogeomorphic classification, and categories of wetlands;
4.
A description of standards for success for the mitigation plan. Standards for success shall be established based on the performance standards identified and the functions and values being mitigated based on the guidance in Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication No. 06-06-011b, March 2006, or as revised).
5.
In addition to the general mitigation plan requirements in SMC § 20.80.100, scaled plan sheets for the compensatory mitigation must contain, at a minimum:
a.
Surveyed edges of the existing wetland and buffers, proposed areas of wetland and/or buffer impacts, location of proposed wetland and/or buffer compensation actions;
b.
Existing topography, ground-proofed, at two-foot contour intervals in the zone of the proposed compensation actions if any grading activity is proposed to create the compensation area(s). Also existing cross-sections of on-site wetland areas that are proposed to be impacted and cross-section(s) (estimated one-foot intervals) for the proposed areas of wetland or buffer compensation;
c.
Surface and subsurface hydrologic conditions, including an analysis of existing and proposed hydrologic regimes for enhanced, created, or restored compensatory mitigation areas. Also, illustrations of how data for existing hydrologic conditions were used to determine the estimates of future hydrologic conditions;
d.
Conditions expected from the proposed actions on site, including future hydrogeomorphic types, vegetation community types by dominant species (wetland and upland), and future water regimes;
e.
Required wetland buffers for existing wetlands and proposed compensation areas. Also, identify any zones where buffers are proposed to be reduced or enlarged outside of the standards identified in this chapter.
(Formerly 20.80.350. Ord. 238 Ch. VIII § 5(E), 2000; Ord. 398 § 1, 2006; Ord. 581 § 1 (Exh. 1), 2010; Ord. 723 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.510 Flood hazard – Designation and purpose.
A.
A flood hazard area consists of the special flood hazard areas and protected areas as defined in Chapter 13.12 SMC, which comprise the regulatory floodplain.
B.
It is the purpose of these regulations to ensure that the City of Shoreline meets the requirements of the National Flood Insurance Program and maintains the City as an eligible community for Federal flood insurance benefits.
(Formerly 20.80.360. Ord. 238 Ch. VIII § 6(A), 2000; Ord. 398 § 1, 2006; Ord. 641 § 5 (Exh. A), 2012; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.515 Flood hazard – Classification.
Flood hazard areas shall be designated and classified pursuant to the requirements of the floodplain management regulations, Chapter 13.12 SMC, which include, at a minimum, all lands identified on the 100-year floodplain designations of the current Federal Emergency Management Agency (FEMA) flood insurance rate map for King County as identified in SMC § 13.12.300.
(Formerly 20.80.370. Ord. 238 Ch. VIII § 6(B), 2000; Ord. 398 § 1, 2006; Ord. 641 § 5 (Exh. A), 2012; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.520 Flood hazard - Alterations.
All development within designated flood hazard areas shall comply with Chapter 13.12 SMC, Floodplain Management, as now or hereafter amended, and is not subject to the regulations of this chapter.
(Formerly 20.80.380. Ord. 238 Ch. VIII § 6(C), 2000; Ord. 398 § 1, 2006; Ord. 641 § 5 (Exh. A), 2012; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.610 Aquifer recharge – Designation and purpose.
A.
Aquifer recharge areas provide a source of potable water and contribute to stream discharge during periods of low flow. Urban-type pollutants may enter watercourse supplies through potential infiltration of pollutants through the soil to ground water aquifers.
B.
The primary purpose of aquifer recharge area regulations is to protect aquifer recharge areas by providing for regulation of land use activities that pose a risk of potential aquifer contamination and to minimize impacts through the application of strict performance standards.
(Formerly 20.80.420. Ord. 238 Ch. VIII § 7(A), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.615 Aquifer recharge – Classification.
Aquifer recharge areas shall be designated and classified based on the soil and ground water conditions and risks to surface water during periods of low hydrology. Classification depends on the combined effects of hydrogeological susceptibility to contamination and contaminant loading potential, and includes upland areas underlain by soils consisting largely of silt, clay or glacial till, upland areas underlain by soils consisting largely of sand and gravel, and wellhead protection areas and areas underlain by soils consisting largely of sand and gravel in which there is a predominantly down-ward or lateral component to ground water flow.
(Formerly 20.80.430. Ord. 238 Ch. VIII § 7(B), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
§ 20.80.620 Aquifer recharge – Alterations.
A.
The following land uses and activities shall require implementation of best management practices (BMPs) as established by the Department of Ecology:
1.
Land uses and activities that involve the use, storage, transport or disposal of significant quantities of chemicals, substances or materials that are toxic, dangerous or hazardous, as those terms are defined by State and Federal regulations.
2.
On-site community sewage disposal systems.
3.
Underground storage of chemicals.
4.
Petroleum pipelines.
5.
Solid waste landfills.
6.
Stormwater management, including infiltration, and ground water recharge.
B.
Any uses or activities located in an aquifer recharge area, as defined within this subchapter, that involve the use, storage, transport or disposal of significant quantities of chemicals, substances, or materials that are toxic, dangerous or hazardous, as those terms are defined by State and Federal regulations, shall comply with the following additional standards:
1.
Underground storage of chemicals, substances or materials that are toxic, hazardous or dangerous is discouraged.
2.
Any chemicals, substances or materials that are toxic, hazardous or dangerous shall be segregated and stored in receptacles or containers that meet State and Federal standards.
3.
Storage containers shall be located in a designated, secured area that is paved and able to contain leaks and spills, and shall be surrounded by a containment dike.
4.
Secondary containment devices shall be constructed around storage areas to retard the spread of any spills and a monitoring system should be implemented.
5.
A written operations plan shall be developed, including procedures for loading/unloading liquids and for training of employees in proper materials handling.
6.
An emergency response/spill clean-up plan shall be prepared and employees properly trained to react to accidental spills.
7.
Any aboveground storage tanks shall be located within a diked containment area on an impervious surface. The tanks shall include overfill protection systems and positive controls on outlets to prevent uncontrolled discharges.
8.
Development should be clustered and impervious surfaces limited where possible.
9.
No waste liquids or chemicals of any kind shall be discharged to storm sewers.
10.
All development shall implement best management practices (BMPs) for water quality, as approved by the City, including the standards contained within the adopted stormwater manual, such as biofiltration swales and use of oil-water separators, and BMPs appropriate to the particular use proposed.
(Formerly 20.80.440 and 20.80.450. Ord. 238 Ch. VIII § 7(C) and (D), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
