It is the intent of this chapter to allow for future adoption of standards for administrative determinations in certain classifications of uses according to performance standards.

(Ord. 894 (part), 1994).

A.

Purpose. The purposes of this section are to:

1.

Provide homeowners with the ability to a) care for elderly parents or other family members, b) house their children, c) obtain companionship, d) be secure on their property, or e) fulfill other purposes.

2.

Encourage a range of residential land uses, housing sizes, types, and price ranges.

3.

Ensure the development of Accessory Dwelling Units (ADUs) follow adopted standards and do not cause unanticipated impacts on the character or stability of single-family neighborhoods.

B.

Permitting. Approval of a proposed ADU shall be accomplished through review by the zoning administrator as provided by this section. In addition to the standard application form, the following shall be submitted for the Zoning Administrator's review:

1.

Scale drawings of the ADU project depicting sufficient detail to interpret the requirements of this section.

2.

A proposal for a Detached ADU, when located on a lot with more than double the applicable minimum lot area of SMC Table 17.15.050-1 Residential Density Standards, shall provide a site plan showing whether the proposed building would hinder future division of the lot.

C.

Development Standards. Accessory dwelling units shall comply with the following standards and criteria:

1.

Owner Occupancy. The property owner must occupy either the principal unit or the ADU as their permanent residence. The owner shall maintain residency for at least 6 months out of the year, and at no time receive rent for, or otherwise allow to be occupied, the owner-occupied unit if absent for the remainder of the year.

2.

Density. Only one ADU may be established in conjunction with a single-family residence.

3.

Minimum Lot Size. An ADU shall not be established on any parcel smaller than the applicable minimum lot area of SMC Table 17.15.050-1 Residential Density Standards.

4.

Maximum Unit Size.

a.

Internal Conversion. There is no restriction on the maximum size of an ADU when the ADU is created through the internal conversion of an existing structure.

b.

Addition. The gross floor area of an addition to an existing structure, constructed for the purpose of creating an ADU, shall not exceed 40% of the gross floor area of the principal structure (not including basement or garage).

c.

Detached ADU. The maximum unit size of a Detached ADU shall not exceed 800 square feet.

5.

Minimum Unit Size. The gross floor area of an ADU shall not be less than 300 square feet or such larger size as may be required by the most current version of the applicable construction codes adopted in SMC Chapter 15.01.

6.

Design and Appearance. An ADU shall be consistent in design and appearance with the primary residence. Specifically, the roof pitch, siding and roofing materials, colors and window treatment shall be the same as the primary structure.

7.

Parking. The number of off-street parking spaces required for an ADU shall be determined based on the Table of Minimum Standards in SMC 17.42.090.

8.

Garage Conversions. An existing garage structure may be incorporated as part of an ADU addition to the principal structure, provided that the structure complies with the setback standards applicable to the principal structure in the underlying zone and complies with applicable building codes. The off-street parking requirements for the primary residence shall be provided for elsewhere on site.

9.

Proximity. To ensure adequate owner supervision and achieve other purposes, the nearest point of a Detached ADU shall be located within 40 feet of the primary unit.

10.

Land Division. The City encourages locating Detached ADUs so as not to hinder future division of the lot.

D.

Deed Covenant. The applicant shall provide a covenant in a form acceptable to the city attorney and suitable for recording with the county auditor, providing notice to future owners of the property that the existence of the ADU is predicated upon owner-occupancy of either the principal dwelling unit or the ADU. Further, the covenant shall give notice to a prospective buyer of the limitations of this section.

E.

Preexisting Accessory Dwelling Units. ADUs established without the benefit of permits prior to the adoption of this section may be permitted as a legal ADU.

1.

If by July 1, 2020, the owner of a property with an unpermitted ADU applies for an ADU permit then no penalties shall be imposed under SMC 17.52.010 Violation—Penalty and the following apply:

a.

The property owner shall arrange for an inspection of the ADU by the Building Official who will provide the property owner with a list of any required corrections.

b.

The property owner shall make all reasonable efforts to bring the ADU into compliance with the standards listed under subsection (C) of this section, including the requirement for compatibility with the principal unit. The Zoning Administrator may waive any of the requirements under subsection (C) of this section, if strict compliance would cause an unreasonable hardship.

2.

If by July 1, 2020, the owner of a property with an unpermitted ADU fails to apply for an ADU permit, then the property owner may still apply for an ADU permit, but shall be required to pay an after-the-fact permit fee and the ADU shall comply with the standards listed under subsection (C) of this section.

(Ord. No. 1073, §§ 8—8.4, 11-21-13; )

A.

Where allowed by this code, the keeping of farm animals and urban farm animals is subject to the baseline standards in Table 17.40.095-1.

Table 17.40.095-1 Baseline Standards

B.

Animal Wastes. Any person who keeps animals under this title shall be responsible for the disposal of any excreta deposited by the animal(s) on public areas or private property. Such person shall further not permit such excreta or food supplies, on the property of such person or elsewhere, to be or become a breeding place for insects or flies, to be or become unsanitary, or to give offensive odor.

C.

Animal Health and Well-Being. Any person who keeps animals under this title shall provide shelter for the animal(s) in the event of extreme weather conditions, take precautions to ensure that the allowed animal is protected from predators, and provide appropriate health care, food and water for the animal(s).

D.

Running at Large. No person who keeps animals under this title shall allow the animal(s) to run at large within the city. Structural features or equipment shall be installed to maintain and control the animal(s) so as to reduce the nuisance impact on adjacent land uses.

E.

Setbacks. Stables and barns housing farm animals shall be set back at least sixty feet from all property lines. An existing stable or barn having a setback of less than sixty feet shall be considered a nonconforming use if the proponent can provide proof that the structure housed farm animals at the effective date of the ordinance codified in this section. Coops, hives, hutches and other structures housing urban farm animals shall be subject to the minimum density and dimensional standards required elsewhere in this code.

(Ord. No. 1093, § 13, 6-16-2016)

Minimum requirements for manufactured homes include, but shall not be limited to the following:

A.

The structure must be designed for use as a permanent residence;

B.

The structure must have been manufactured after June 15, 1976;

C.

It shall have an insignia of approval from the State of Washington Department of Labor and Industries or the United States Department of Housing and Urban Development;

D.

The structure shall be at least 24 feet in width (double-wide), shall have horizontal siding or other siding materials similar to those presently used on site-built houses constructed in compliance with the Uniform Building Code, shall have a composition or wood shingle or shake roof at a minimum slope of 2 inches in 12 inches (16%), and a permanent concrete or masonry foundation which appears to be an integral part of the adjacent exterior wall of the structure;

E.

All wheels and towing assemblies shall be removed; and

F.

The structure shall not be covered in whole or in part by a roof which is not an integral part of the structure.

(Ord. No. 1103, § 13, 2-16-2017)

A.

Purpose and Intent. The purpose and intent of this section are to provide submittal requirements and review criteria in order to facilitate clear and nondiscriminatory administrative review of wireless telecommunications facilities.

B.

Submittal Requirements. An application for a wireless telecommunication facility shall not be deemed complete until the following submittal requirements have been received:

1.

A completed application form as provided by the city;

2.

One electronic and two hard copy sets of plans prepared by a design professional. The plans shall include a vicinity map, site map, architectural elevations, method of attachment, proposed screening, location of proposed antennas, and all other information which accurately depicts the proposed project;

3.

A radio frequency plan demonstrating how the proposed site fits into the applicant's overall telecommunications network within the city, including a service area coverage chart for the proposed facility depicting the extent of coverage and corresponding signal strength at the proposed height, and a height at least fifteen feet lower than that proposed;

4.

A landscaping plan showing the location of all proposed landscaping and all existing landscaping to remain after facility development. A planting table shall also be included which describes the species to be used, the size of plants to be installed, and the expected size of plants at maturity;

5.

Up to two color, daytime photo simulations depicting the existing and proposed view of the proposal at maximum build-out. One color, nighttime photo simulation shall also be included for any tower required to have lighting by the FAA. The location from which photo simulations are depicted shall be mutually agreed upon by the applicant and the administrator;

6.

A narrative by the applicant outlining how the proposed project satisfies the development criteria of the Zoning Code, whether or not the proposal utilizes the most compact, or least obtrusive, technological design, including microcell design, and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the applicant's telecommunications service;

7.

A letter from a radio frequency engineer that demonstrates that the facility meets federal requirements for allowed emissions;

8.

Copies of any environmental documents required by any federal, state, or local agency, if available, including the environmental assessment required by the FCC, or in the event that an FCC environmental assessment is not required, a statement describing the specific factors obviating the requirement;

9.

If an outdoor generator is proposed, a report prepared by an acoustical engineer demonstrating compliance with the noise regulations of the city;

10.

If a new tower is proposed, an affidavit attesting to the fact that the applicant contacted all local law enforcement, fire, and other public safety and emergency service providers prior to application submittal to determine whether or not the agencies are interested in collocating on the proposed facility, and that if an agency desires to collocate, then the proposal has been designed to accommodate their needs.

C.

Development Criteria. The administrator shall use the following development criteria to review, condition, or deny specific wireless telecommunications proposals:

1.

Setbacks.

a.

Except for new towers and carriers on wheels, all proposals shall be subject to the setback requirements of the zoning district in which they are located;

b.

The setback from property lines for new towers and carriers on wheels shall be at least one foot per one foot of tower height, but in no case smaller than the setback requirements of the zoning district in which they are located;

c.

The administrator may reduce this setback requirement to two-thirds feet per one foot of tower height if it is determined that significant trees and other vegetation will be retained by such reduction or that such reduction will reduce the visual impact of the proposed facility, provided however, that the setback is not reduced below the setback requirements of the zoning district in which it is located;

2.

Screening. All ground level and support equipment shall be screened from public view. Such screening shall include one or more of the following:

a.

Decorative brick, cinder, or concrete block walls, incorporating an innovative use of color and/or design;

b.

Fences made of wood, vinyl-slatted chain-link, or similar sight obscuring designs. Barbed/twisted end fencing is preferable to barbed wire, and fences incorporating razor-wire shall be avoided;

c.

New drought tolerant landscaping which contains multiple species and/or habitat levels and/or existing significant trees and native, noninvasive vegetation. The density and intensity of landscaping shall provide adequate screening;

3.

Cable Routing. Feed lines and coaxial cables shall be as inconspicuous as possible. Where applicable, such routing shall be located in the building's interior and/or below parapet walls or similar projections, in the interior of monopoles, along the legs of towers or other structural supports, etc. Feed lines which are not located within the screened area shall be located underground.

4.

Color/camouflage. When coloring requirements are not issued by the FAA, the color of the proposed facility shall be based on, and compatible with the surrounding land uses and/or building color and architectural scheme. Faux trees are encouraged and shall resemble species native to the area. Other faux structures shall be sensitive to the context of surrounding land uses.

5.

Antenna Aesthetics. Flush- and slim-mounted antennas shall be considered as first preferences. Shrouds shall be used when they provide a better visual appearance than exposed antennas or resemble a context-sensitive architectural element.

6.

Lighting. Wireless telecommunications facilities approved through administrative review shall not be artificially lighted unless required by the FAA as part of a previously approved project.

7.

Signage. Only safety signs, signs listing the wireless service provider's name and emergency telephone number, or signs required by other governmental entities are allowed on wireless telecommunications facilities. Signs shall be non-illuminated, less than two square feet in area, and shall not be used for advertising purposes.

8.

Insurance. When the administrator finds that a proposal poses a threat to neighboring public or private property, liability insurance in an amount not less than one million dollars, or such greater insurance as may be required by specific conditions of approval, shall be maintained by the owner and operator of the facility until such facility is dismantled and removed from the site. Failure to maintain required insurance coverage shall constitute a violation of this chapter and grounds for revocation of permit. In reviewing this criterion, the administrator may take into account whether the proponent is a private, for-profit entity, a public or not-for-profit entity, or an individual.

(Ord. No. 1038, § 15, 6-17-10)