Chapter 19.68 SPECIFIC USE AND STRUCTURE REGULATIONS

Chapter 19.68
SPECIFIC USE AND STRUCTURE REGULATIONS

Sections:

19.68.010 Purpose.

19.68.020 Development standards.

19.68.030 Performance standards.

19.68.040 Setback and yard determination.

19.68.050 Home occupation.

19.68.055 Mini-storage.

19.68.060 Designated manufactured home.

19.68.070 Family day-care provider’s home facility.

19.68.075 Mobile food units.

19.68.076 Temporary food trucks.

19.68.078 Transportation and construction equipment sales, service, and leasing.

19.68.080 Livestock allowance and hobby farms.

19.68.085 Marijuana land uses.

19.68.090 Height exception overlay.

19.68.100 Temporary accessory structures and uses.

19.68.110 Development agreement.

19.68.120 Voluntary agreement.

19.68.130 Property required to connect to public sewer.

19.68.140 Siting of essential public facilities.

19.68.150 Temporary homeless encampments.

19.68.010 Purpose.

The purpose of this chapter is to list those regulations which apply to specific circumstances and those detailed regulations which are applicable to more than one zoning district. The regulations below are referenced in other chapters of this title. (Ord. 1317 § 3, 1998).

19.68.020 Development standards.

Specific lot area, dimension, setback and height limits are described below:

A. Lot Area and Dimension.

1. Prohibited Reduction. A proposed subdivision or boundary line adjustment shall not create:

a. A lot which is smaller than the required minimum lot area for the applicable zoning district;

b. A lot which does not meet the dimensional requirements for the applicable zoning district; or

c. A plat or lots in a residential zoning district for which a potential dwelling unit on each lot will, in total, exceed the maximum density for the applicable zoning district.

2. Legal Lot/Dimension of Record. One permitted residential dwelling unit or other permitted nonresidential structure may be located on a legal lot of record which does not meet the minimum lot area or minimum lot dimension circle requirements of the applicable zoning district. Additional dwelling units, including accessory dwelling units, are prohibited on such lots.

a. The lot coverage maximum for such a lot is the existing legal lot coverage or the coverage listed below, whichever is greater:

60% – Single-family residential (SFR) and neighborhood commercial (NC) districts;

65% – Small lot residential (SLR), neighborhood residential (NR), community commercial (CC) and regional commercial (RC) districts; and

70% – Medium density residential (MDR) and high density residential (HDR) districts.

b. All other applicable Fife Municipal Code (FMC) requirements shall be met.

3. Minimum Lot Dimension Circle. A proposed lot must be dimensioned such that a minimum lot dimension circle will fit entirely within the lot property lines. The location of a proposed structure is not dependent on the location of the circle. A proposed lot which meets the minimum lot dimension circle requirement is not necessarily a buildable lot.

a. Dwelling Unit Lot Dimension Circle. There shall be a separate lot dimension circle for each dwelling unit on a proposed lot.

For an accessory dwelling unit, the second minimum lot dimension circle diameter is reduced to 25 feet for the SFR and SLR zoning districts, 20 feet for the MDR, HDR, NR, NC zoning districts and 15 feet for CC and RC zoning districts.

b. Commercial, Business Park and Industrial District Standard Lot Dimension Circle. Each commercial, business park and industrial district has a standard lot dimension circle requirement in addition to any required dwelling unit lot dimension circle. For example, the NC zoning district has a 75-foot standard lot dimension circle requirement and a 35-foot dwelling unit lot dimension circle requirement. Dwelling unit lot dimension circles may not overlap each other but may overlap the standard lot dimension circle.

B. Setbacks.

1. Measurement. All setbacks shall be measured perpendicular to the nearest property line. Yards shall be parallel to and measured perpendicular from the applicable property line. See FMC 19.68.040 for setback and yard determination.

2. Setback Reduction.

a. Residential Front Yard. A front yard setback may be decreased by up to six feet based on the following: for each one foot of front yard setback reduction a corresponding one-foot increase for each of the interior setbacks is required. If the total length of the interior lot line(s) is less than the applicable front lot line, then a secondary front yard setback shall be increased as described in this subsection.

b. Residential Interior Yard. A five-foot interior yard setback shall not be abutting an adjacent lot’s five-foot interior yard setback. A five-foot setback may be allowed adjacent to another five-foot setback if:

i. Both interior yard setbacks are used solely for an accessory structure or garage; or

ii. If all adjacent lots have a five-foot setback adjacent to subject property.

c. Residential Interior Yard with Alley as Sole Access. For a residential lot with an alley as sole access, a five-foot interior yard setback is allowed for the lot line abutting such alley easement or right-of-way. An additional five-foot interior yard setback is allowed on the lot subject to the criteria identified in subsection (B)(2)(b) of this section.

d. Commercial, Business Park, Industrial, and Public Use/Open Space Front Yard. A front yard setback may be reduced to eight feet (10 feet in the industrial district) for a permitted mixed use, retail sales, commercial or professional service which, through an approved administrative design review plan, contains:

i. At least 35 percent functional window coverage for the wall fronting on a road; and

ii. Contains a customer-oriented pedestrian entrance accessible from the street right-of-way. The proposed building shall be located between the right-of-way and all proposed parking and loading areas. The required groundcover and shrubs for the front yard perimeter type landscaping may be eliminated for that portion of the front yard between the structure and the right-of-way.

e. All Front Yards. When a lot is located between two lots having nonconforming front yard setbacks, the required front yard setback for such lot may be the average of the two nonconforming setbacks or 80 percent of the required setback, whichever is greater.

3. Setbacks, Allowed Projections. Projections may extend into required setbacks as follows:

a. Residential or Mixed Use Structure. An extension of the principal structure may project into any setback, provided such projections are limited to two per lot, are not wider than 10 feet, are not more than two feet in depth, and are at least five feet from a property line.

b. Residential Structure. A covered porch or deck of a principal residence may encroach up to six feet into a front yard setback, but shall be located at least 10 feet from the property line.

c. Uncovered Porch or Deck. An uncovered porch or deck not exceeding 30 inches above the finished grade may project to within two feet of a property line.

d. Eave. An eave may not project more than two feet into an interior or front yard setback.

e. Repealed by Ord. 2052.

f. Gasoline Station Canopy. A canopy may encroach to within 15 feet of the front property line.

4. Wireless Communication Facility (WCF) Setbacks. See Chapter 19.72 FMC.

5. Amateur or Citizen Band Transmitter. Excluded from front yard. Support structure setback is equal to overall height of support structure plus height of antenna array.

C. Height Exceptions to the Applicable Zoning District Limit. Height exceptions shall be limited to the minimum necessary for the intended use.

1. For the SFR and SLR districts, the following structures may be erected up to 10 feet above the applicable zoning district’s height limit: chimney, skylight, widow’s walk or other similar item.

2. For all zoning districts other than the SFR and SLR districts, the following structures may be erected up to 15 feet above the applicable zoning district’s height limit: attached WCF, elevator housing or screening, fire parapet wall, chimney, skylight, stairway, ventilating fan, widow’s walk or other similar item required for building operation or maintenance.

3. A steeple or spire on a religious building may be erected to a height of 55 feet.

4. A necessary silo or similar unoccupied structure as an accessory to a principal use structure may be erected to a height of 50 feet in the industrial district.

5. A residential amateur or citizen band antenna array and support structure may be erected up to the minimum height necessary for reception purposes. If a resident proposes a height greater than 45 feet, the city shall require that the applicant submit certification from a qualified and licensed engineer that the proposed height is the minimum necessary for reception purposes. For a proposed height greater than 55 feet, the city shall, at the applicant’s expense, hire a qualified and licensed engineer to review the applicant’s submittal.

6. A public or quasi-public utility pole or structure may be erected to a height necessary for proper use. For proposed structures above 45 feet, the city shall require that the applicant submit certification from a qualified and licensed engineer that the proposed height is the minimum necessary for utility purposes. For a proposed height greater than 55 feet, the city shall, at the applicant’s expense, hire a qualified and licensed engineer to review the applicant’s submittal.

7. Air separation columns may be erected to a height of 240 feet in the industrial district if all of the following conditions are met:

a. The column will not be within 1,500 feet of any community commercial and residential zone in the city of Fife, or any other residential zone in surrounding jurisdictions unless separated by the Puyallup River as an intervening feature;

b. The column shall accommodate co-location of emergency management antenna and appurtenant equipment;

c. The projected additional city revenues generated by the development exceed the projected cost of providing city services for the development;

d. In addition to any other landscaping/open space requirements applicable to the development, the site shall include an additional 1,210 square feet of landscaping/open space for every 10 feet of column height over 60 feet; and

e. The column is approved as part of a development agreement per FMC 19.68.110.

8. WCF Height Limit Exceptions. See Chapter 19.72 FMC.

9. See height exception overlay in FMC 19.68.090.

D. Fences.

1. Intent. The intent of this subsection is to establish minimum requirements and standards for fences in order to provide screening, to protect the public health safety and welfare, and to protect the aesthetic assets of the community.

2. Exempt Fences. Split rail fences required by city approval to delineate and protect the edge of a critical area, provided they do not exceed four feet tall, are exempt from the provisions of this chapter. All other fences shall conform to the provision within this section. Fences taller than seven feet shall obtain a building permit.

3. Existing Fences. The requirements of this subsection shall apply only to fences built after the effective date of the ordinance codified in this section. Fences legally constructed before that date shall be considered legal nonconforming structures subject to Chapter 19.84 FMC. Existing fences being removed and replaced after this adoption date shall meet the requirements of this subsection. Routine maintenance does not trigger the necessity to bring a nonconforming fence into compliance with the current regulations, provided the fence is not rebuilt from the ground up.

4. Measurement Criteria. The height of a fence shall be measured from the existing ground elevation directly under the fence. With the exception of a berm required as part of a buffer identified in Chapter 19.64 FMC, fences on top of a constructed berm shall be measured from the toe of the slope on the constructed berm to the top of the fence.

5. Sight Triangle. All fences shall meet the applicable requirements of the AASHTO Highway Safety Manual (HSM).

6. Barbed Wire. Barbed wire, concertina wire and the like shall not be allowed in: (a) the front yard setback for any zoning designation, (b) within residential zoning districts, or (c) adjacent to residential zoning districts or residential use including multifamily. Where barbed wire is allowed on a lot, the combined height of the fence and barbed wire shall not exceed eight feet.

7. Electrified Fences. All electrified fences, regardless of the intensity of the electrification, shall be behind a six-foot-tall (or the height of the electric fence, whichever is shorter) opaque or transparent fence, and shall be protected from contact with pedestrians and incidental discharge of electricity to any person, animal or object utilizing the sidewalk or adjacent right-of-way if a sidewalk does not exist. Electrified fences shall meet all applicable federal, state and local electrical codes.

Electric fences on property used as single-family residence and multifamily less than or equal to six units are only permitted as a function of protecting livestock.

Electric fences on property used as multifamily, commercial and/or industrial shall not be installed adjacent to property used for single-family residential.

Electric fences used as an alarm system shall be removed from the property when the subject property is no longer under contract with the alarm company or using the alarm system.

8. Fence Types. In addition to the definition of a fence found in this title, fences are further classified as follows:

a. Opaque. Fences are considered opaque if the fence provides less than 50 percent visibility through the fence. Examples of opaque fences include but are not limited to solid wood fences, concrete wall fences, picket fences, and chain link fences with slats inserted.

b. Transparent. Fences are considered transparent if the fence provides greater than 50 percent visibility through the fence. Example of transparent fences include but are not limited to split rail fences, spaced picket fences, chain link fence without slats inserted, and wrought iron fences.

c. Super Transparent. Fences are considered super transparent if the fence provides greater than 95 percent visibility through the fence. Examples of super transparent fences include fences that connect posts with thin wire and do not include chain link fences. Generally, these fences are used as security and alarm systems and may or may not be electrified.

9. Fence Setback Regulations Table.

	Single-Family and Multifamily ≤ 6 Units			Multifamily > 6 Units/Commercial/Industrial**
	Fence Height	Setback		Fence Height	Setback
	Fence Height	Front Yard	Interior Yard	Fence Height	Front Yard ***	Interior Yard
Opaque Fences	≤ 3 ft	0	0	≤ 3 ft	5	0
	3.01 – 6 ft	5	0	3.01 – 6 ft	5	0
	> 6 ft	Applicable zone	Applicable zone	> 6 ft	Applicable zone	Applicable zone
Transparent Fences	≤ 4 ft	0	0	≤ 6 ft	5	0
	4.01 – 6 ft	5	0	> 6 ft	Applicable zone	Applicable zone
	> 6 ft	Applicable zone	Applicable zone
Super Transparent Fences	≤ 6 ft	5	0	≤ 10 ft	5	0
Super Transparent Fences	> 6 ft	Applicable zone		> 10 ft	Applicable zone	Applicable zone

* “Applicable zone” refers to the setback identified in the applicable zoning designation.

** The property line fronting a constructed interstate (I-5) or limited access state highway (SR-167 and 509) shall be considered an “interior yard” and not a front yard.

*** Landscaping including groundcover and shrubs shall be installed in the five-foot setback area. This shall not remove the requirement for “perimeter type landscaping” pursuant to Chapter 19.64 FMC.

10. Electrified Alarm Fences. When it is necessary for an electrified alarm fence to be installed within the required five-foot setback for immediate adjacency with the existing perimeter fence, the community development director may waive the five-foot setback requirement provided the following requirements are met:

a. A licensed surveyor has performed a survey to accurately map the location of the existing fence in relationship to the property line and adjacent nonmotorized facilities.

b. The existing perimeter fence has been demonstrated to be legal or legally nonconforming as confirmed by the city attorney. The burden of proof is on the applicant.

c. There are no nonmotorized facilities, including but not limited to sidewalks, benches, bus stops, bike lanes, trails, within five feet of the existing perimeter fence.

d. The applicant agrees to move the existing perimeter and the proposed electrified fence, at their expense, to comply with the setback regulations, at such time that a public pedestrian feature is constructed.

e. The fence(s) are not located with the publicly owned right-of-way. (Ord. 2096 § 2 (Exh. A), 2023; Ord. 2052 §§ 1, 3, 2021; Ord. 1668 § 1, 2008; Ord. 1584-06 § 6, 2006; Ord. 1404 § 2(Exh. C § 13), 2000; Ord. 1317 § 3, 1998).

19.68.030 Performance standards.

In addition to the specific requirements within the applicable zoning district chapter, the following performance standards shall apply:

A. Repealed by Ord. 1673.

B. Enclosure of Activities. Unless authorized by the applicable zoning district, all home occupation, commercial and industrial activities shall be conducted within an enclosed structure, except for customary accessory appurtenances, such as garbage, recycling, parking and loading areas. Outside special events are allowed with a permit issued under Chapter 10.32 FMC.

C. Outside Storage. Unless authorized by the applicable zoning district, outside storage of material for commercial and industrial uses is prohibited. Outside storage of junk or wrecked vehicles and other nonresidential materials is also prohibited.

D. Refuse Collection Containers. For multifamily or nonresidential structures and uses, all outdoor refuse collection containers (excluding recycling containers) shall be completely screened from public or private streets, including freeways and from adjacent property by an opaque screen. The storage of animal or vegetable waste which may attract insects or rodents or otherwise create a potential health hazard is prohibited.

E. Maintenance of Yards and Open Space. All required structures, yards, parking areas and other open areas on-site shall be maintained in a neat and orderly manner at all times appropriate for the zoning district. Yards and open areas shall be maintained, as the responsibility of the property owner, free of any hazards to health or safety. Except for permitted earth disturbing activity, all ground areas shall be maintained in a manner ensuring that the natural or landscaped vegetation or permitted impervious surfaces provide a durable and dust free covering at all times. Dumping or storage of junk or debris, including junk vehicles or wrecked vehicles, is prohibited.

F. Utilities. For new development or existing development which is being expanded by greater than or equal to 50 percent of its existing gross floor area, all utilities shall be located underground; provided, that electrical lines of 50,000 volts or greater may be placed above ground.

G. Dark Sky Preservation/Spillover Lighting Minimization. All exterior lighting fixtures shall be prevented from projecting light upward, either by placement beneath a building’s eave or by an integral shield above the light source. Security lighting shall not be greater than 12 feet above ground in the SFR and SLR zoning districts, 20 feet in the MDR, HDR, NR and NC zoning districts, 25 feet in the CC zoning district, 15 feet in the CMU zoning district for projects of less than 10 acres and 20 feet for projects of 10 or more acres, and 30 feet in the RC, BP and I zoning districts, and shall be shielded from projecting light upwards and onto other properties and any adjoining public right-of-way. (Ord. 2052 § 1, 2021; Ord. 1673 § 9, 2008; Ord. 1654-07 § 4, 2007; Ord. 1404 § 2(Exh. C § 14), 2000; Ord. 1317 § 3, 1998).

19.68.040 Setback and yard determination.

A. Setbacks.

1. Front Yard Setback. All lots shall have a front yard setback.

a. Public Street. A property line abutting a public street right-of-way is subject to a front yard setback.

b. Private Street, Ingress or Egress Easement. A property line which abuts and has access onto a private street or easement is subject to a front yard setback.

c. Panhandle Lot. A panhandle lot is a lot which has less than or equal to 40 feet of frontage on a public street, private street or ingress/egress easement and has a portion of the lot which extends from such frontage which primarily serves as a driveway. A panhandle lot shall have a second front yard setback located at the end of such extension. If the end of the extension is less than or equal to 100 feet of the street or easement frontage, the front yard setback shall be perpendicular to the extension. If the end of the extension is greater than 100 feet from the street or easement frontage, the director may approve a front yard setback adjacent to a property line which is parallel to the extension.

d. Corner Access. A lot with street or easement frontage located at a corner of the lot where the abutting property lines are both at an approximately 45-degree angle from end of the street or easement frontage shall have the front yard setback location determined by the director. Generally, the front yard setback should be the yard that is most visible from the primary street right-of-way. The director shall consider circulation patterns, aesthetics, adjacent uses and other relevant criteria in determining the appropriate front yard location.

2. Interior Yard Setback. All property lines that are not subject to a front yard setback are subject to an interior yard setback.

B. Yards.

1. Front Yard.

a. Vacant Lot. A front yard is that portion of a lot located within a front yard setback.

b. Developed Lot. A front yard is that portion of a lot located within a front yard setback and that portion of the lot located between the front yard setback and the primary facade of the principal structure facing the front yard setback. If a structure in a residential or commercial zoning district is setback more than 100 feet perpendicular to the applicable property line, then the area located between the 100-foot measurement and the primary facade of the principal structure shall be considered an interior yard.

2. Interior Yard.

a. Vacant Lot. An interior yard is that portion of a lot located within an interior yard setback.

b. Developed Lot. The remaining portion of a lot which is not located within a front yard shall be classified as an interior yard. (Ord. 1317 § 3, 1998).

19.68.050 Home occupation.

A. Application. Prior to home occupation operations, a property owner shall apply for and receive the following:

1. A home occupation permit from the community development department.

2. A business license as required by the FMC Title 5, Business Licenses and Regulations.

B. Home Occupation Standards. A home occupation may be considered an accessory residential use based on the following:

1. A home occupation is limited to a business owned and operated by the permanent residents of the property. Only those persons who reside on the property and are members of the immediate family, and one other person, who may or may not reside on the property, shall be permitted to engage in the occupation.

2. A home occupation shall not involve the use of more than 25 percent of the gross floor area of the principal residential building (excluding garage). An accessory structure may be used for a home occupation if the use is restricted to not more than 25 percent of the gross floor area of the accessory structure or 1,000 square feet, whichever is less. A home occupation may be located either in the principal residential building or an accessory structure, but shall not be located in both.

3. A home occupation shall not include the following uses: commercial instruction with four or more students, commercial stable, kennel, restaurant, medical or dental clinic, vehicle detailing, and minor or major vehicle repair.

4. A home occupation shall not alter the external appearance of any structure which would detract from the structure’s residential character.

5. There shall be no exterior storage of materials or products.

6. One sign advertising the home occupation is permitted. The sign is limited to a non-illuminated wall sign of six square feet or less. Signs must comply with all requirements in FMC Title 16.

7. No offensive noise, vibration, smoke, dust, odor, heat, glare or unusual or excessive traffic to and from the premises shall be produced or generated by the home occupation.

8. For home occupations with drive-in customers, adequate off-street parking shall be provided as determined by the director. (Ord. 2003 § 4, 2019; Ord. 1777 § 1 (Exh. A), 2012; Ord. 1317 § 3, 1998).

19.68.055 Mini-storage.

A. Mini-storage facilities are permitted in the industrial and regional commercial zones, and community commercial zone by conditional use permit, subject to conforming to lot area, coverage, density, setback standards, and landscaping requirements applicable to the zoning district.

B. Mini-storage facilities are permitted in the medium density, high density and neighborhood residential zones as part of a planned residential development subject to the following:

1. The planned residential development shall contain a minimum of 200 dwelling units;

2. The mini-storage facility shall not exceed three percent of the planned residential development site;

3. The mini-storage facility shall be for the exclusive use of the residents of the subject planned residential development. Such conditions shall be stated in the applicable covenants, conditions and restrictions (CCR) and the homeowners’ association shall be the exclusive owner of the mini-storage facility;

4. Hours of operation shall be between 7:00 a.m. and 10:00 p.m.;

5. Signage shall be limited to:

a. One monument sign which is supported permanently upon the ground by a solid base of materials such as brick, stucco, stonework, textured wood, tile, or textured concrete material harmonious with the primary structure on the subject property; and

b. Shall not exceed seven feet in height; and

c. Shall not exceed 75 square feet in sign area; and

d. One wall sign on the primary frontage not to exceed 100 square feet; and

e. Directional signage per FMC 16.05.020; and

f. Shall be subject to the requirements of FMC Title 16, Sign Code;

6. The mini-storage facility shall conform to lot area, coverage, density, setback standards, and landscaping requirements applicable to the zoning district; and

7. The mini-storage facility shall be subject to FMC 19.52.130.

C. The mini-storage facility may provide for recreational vehicle storage. (Ord. 2004 § 1 (Exh. A), 2019; Ord. 1481-03 § 1, 2003).

19.68.060 Designated manufactured home.

A designated manufactured home is permitted in any zoning district that permits a single-family residence. The placement of a designated manufactured home is subject to the same zoning and environmental regulations that are required for construction of a conventional site-built International Building Code (IBC), International Residential Code (IRC), International Mechanical Code (IMC), International Fire Code (IFC), International Fuel Gas Code (IFGC), or Uniform Plumbing Code (UPC) (adopted by the state) single-family residence. A designated manufactured home is a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

A. Is comprised of at least two fully enclosed parallel sections each of which is not less than 12 feet wide by 36 feet long;

B. Was originally constructed with, and now has, a composition of wood shake or shingle, coated metal or similar roof of not less than 3:12 pitch; and

C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Building Code (IBC), International Residential Code (IRC), International Mechanical Code (IMC), International Fire Code (IFC), International Fuel Gas Code (IFGC), or Uniform Plumbing Code (UPC) (adopted by the state) single-family residences. (Ord. 1746 § 1 (Exh. A), 2011; Ord. 1317 § 3, 1998).

19.68.070 Family day-care provider’s home facility.

A family day-care provider’s home facility shall:

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

B. Conform to lot area, coverage, density, setback and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure;

C. Be certified by the office of child care policy licensor as providing a safe passenger loading area;

D. Comply with FMC Title 16, Sign Code, regulations;

E. In residential zoning districts, the hours of operation shall be limited to between 5:30 a.m. and 7:00 p.m.;

F. Prior to state licensing, the proposed provider shall submit proof to the director that the provider notified the immediately adjoining property owners about the intent to locate and maintain a family day-care facility. Adequate proof shall consist of a copy of a detailed letter submitted to the adjoining neighbors, along with a signed certification of delivery and/or a written letter from the adjoining neighbors indicating that they have received proper notification;

G. With the exception of FMC 19.68.050(B)(2), the family day-care provider’s home facility shall comply with the home occupation requirements of this chapter. (Ord. 1317 § 3, 1998).

19.68.075 Mobile food units.

Where allowed in a zoning district in the city, mobile food units shall be subject to the following standards. These standards shall be in addition to lot area coverage, density, setback standards, landscaping and other development standards and requirements applicable to the zoning district.

A. Mobile food units shall only be located on private property.

B. The mobile food unit vendor shall have written approval from the property owner.

C. There shall be no more than two mobile food units on a property at any one time.

D. No freestanding signage shall be permitted, except that one A-board sign not exceeding nine square feet in area shall be permitted. The A-board sign shall be placed within 20 feet of the mobile food unit.

E. Outdoor seating areas associated with mobile food units are permitted; provided, that seating capacity does not exceed eight persons.

F. Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.

G. Mobile food units shall not occupy required off-street parking spaces necessary to meet the requirements of the uses on the property, shall not park on landscaped areas, and shall not obstruct required loading, circulation or fire access. The siting of the mobile food unit shall also not allow for pedestrians to stand in the public right-of-way.

H. Properties with mobile food units shall be located at least 100 feet from the following zoning districts: single-family residential, small lot residential, medium density residential, high density residential, neighborhood residential and neighborhood commercial. The distance shall be measured from the nearest point of the property line upon which the mobile food unit is located to the nearest point of the property line of the applicable zoning district.

I. The mobile food unit operator shall comply with all applicable Tacoma-Pierce County health department rules. Nothing in these regulations is intended to supersede requirements of the Tacoma-Pierce County health department or any other agency with oversight over the operation of mobile food units.

J. Restroom facilities shall meet minimum requirements set forth by the Tacoma-Pierce County health department. Portable toilets shall not be allowed.

K. Mobile food units shall maintain a minimum 20-foot setback from all other building structures.

L. Amplified music or loudspeakers shall only be permitted between 10:00 a.m. and 6:00 p.m. The operation shall comply with the provisions of the city of Fife noise regulations.

M. A mobile food unit permit shall be obtained from the city. (Ord. 1858 § 7, 2014).

19.68.076 Temporary food trucks.

The provisions below only apply to temporary food trucks.

A. Temporary food trucks shall be allowed in any zoning district for private events on private property without a special use permit or as accessory to a special event permit for public events (see FMC 10.32.040, Application – Timing and contents) with a site plan showing exact placement of the temporary food truck is required.

1. Temporary food trucks shall not block fire hydrant, circulation or fire access.

2. Temporary food trucks may not occupy open city right-of-way, occupy landscaped areas, obstruct required loading, or cause pedestrians to stand in the public right-of-way unless expressly approved by the director in the special use permit.

3. Hours of operation shall be limited to the hours specified on the special event permit application.

4. Temporary food trucks shall not block fire hydrant, circulation or fire access.

B. The temporary food truck vendor shall have written approval from the property owner.

C. The temporary food truck operator shall comply with all applicable Tacoma-Pierce County health department rules. Nothing in these regulations is intended to supersede requirements of the Tacoma-Pierce County health department or any other agency with oversight over the operation of temporary mobile food units. (Ord. 1931 § 3, 2016).

19.68.078 Transportation and construction equipment sales, service, and leasing.

Within the community commercial zone, truck and equipment sales, service, and leasing may be approved subject to the provisions of a conditional use permit, as well as the following standards:

A. Shall have a total site area no more than 20 acres;

B. Shall be located on property abutting the industrial zone;

C. Shall be physically separated from a single-family residential zone by an intervening feature such as a public street, a railroad, a river, a major topographic variation or other similar feature;

D. Shall provide a minimum Type C buffer in accordance with the standards in FMC 19.64.120 along any perimeter adjacent to existing residential uses; and

E. Where possible, truck and heavy equipment traffic shall be directed away from residential streets. (Ord. 2060 § 2, 2021).

19.68.080 Livestock allowance and hobby farms.

Hobby farms and the keeping of all livestock shall be in accordance with this section.

A. Livestock Categories. The three livestock categories below are created to identify animals that require a sufficient area for such purposes as grazing or to identify animals that may be a nuisance to surrounding property.

1. Large area animals: oxen, cows, cattle, horses, llamas, donkeys, mules, pigs, swine and other similar animals;

2. Medium area animals: sheep, goats, alpacas, ostriches, emus, rheas and other similar animals;

3. Small area animals: ferrets, minks, exotic or poultry birds, rabbits, snakes, lizards, turtles and other similar animals.

B. Livestock Density Chart.

Livestock Density Chart
Animal Type	Minimum Lot Size (see FMC 19.68.080(D)(4) for minimum lot size for hobby farms)	Maximum Animal Density (see FMC 19.68.080(D)(1) for animal density for hobby farms)
Small area	0.75 acre minimum	1,750 square feet for each of the first 20 small animals and 500 square feet for each additional small animal thereafter
Medium area	1 acre minimum	5 animals per acre
Large area	1 acre minimum	1 animal per acre
For fish and other aquatic animals, pond size may be up to 1/4 of lot size but not greater than 300 square feet
Calculations resulting in a fraction shall be rounded to the nearest whole number with greater than or equal to 0.50 being rounded up

C. Offspring. If offspring of allowed animals exceed the allowed number of the density chart, the offspring may remain on site until independent or weaned.

D. Hobby Farms. Where permitted, hobby farms shall comply with the following requirements:

1. The animal density may be up to 20 percent greater than the livestock density identified in subsection (B) of this section.

2. The hobby farm shall only be operated by persons who reside on the property and are members of the immediate family, and one other person, who may or may not reside on the property.

3. The hobby farm is required to conform to the city’s business license regulations and is exempt from the requirement for a home occupation permit.

4. The hobby farm shall consist of either a single lot or contiguous lots under the same ownership, with a minimum of one acre. Leasing of lots of adjacent lots is acceptable.

5. Limited retail and/or processing activity, directly associated with hobby farm activities or materials, is allowed subject to the following:

a. The retail and/or processing activity may be located in the principal single-family residential building or in an accessory structure subject to the provisions below.

b. If the retail and/or processing activity is located in the principal single-family residential building, then it shall not involve the use of more than 25 percent of the gross floor area of the principal residential building (excluding garage).

c. If the retail or processing activity is located in an accessory building, then it shall not involve the use of more than 25 percent of the gross floor area of the accessory building or 1,000 square feet, whichever is greater.

d. No more than one accessory building shall be used for a retail and/or processing activity.

6. No offensive noise, vibration, smoke, dust, odor, heat, glare or unusual or excessive traffic to and from the premises shall be produced or generated by the hobby farm.

7. Maximum lot coverage shall be that of the underlying zoning district.

8. Minimum setback shall be that of the underlying zoning district. Barns and stables shall set back a minimum of 15 feet from the perimeter of the hobby farm.

9. The hobby farm shall not engage in slaughtering, rendering or other similar activity.

10. Hobby farm special events shall be subject to the special events requirements pursuant to Chapter 10.32 FMC. (Ord. 1897 § 10, 2015; Ord. 1317 § 3, 1998).

19.68.085 Marijuana land uses.

A. The production, processing, and retailing of marijuana are, and remain, illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the city of Fife is an authorization to circumvent federal law or to provide permission to any person or entity to violate federal law. Only Washington State licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the city of Fife, and then only pursuant to a license issued by the state of Washington.

B. Marijuana retail outlets may be permitted in the regional commercial zone subject to all requirements applicable to the zoning district (Chapter 19.44 FMC) and all of the following:

1. Shall be state licensed by the Washington State Liquor and Cannabis Board;

2. Shall have a current city of Fife business license;

3. Shall be subject to all applicable requirements of RCW Title 69 and Chapter 314-55 WAC and other state statutes, as they now exist or may be amended;

4. May be located only in areas identified as “Eligible Retail” on the “Marijuana Limited Zone Overlay Map” (Chapter 19.10 FMC);

5. Hours of operations shall be limited to 8:00 a.m. to 12:00 a.m.;

6. Shall be subject to all other applicable requirements of Fife Municipal Code;

7. Marijuana retail businesses shall not be permitted as a home occupation.

C. Marijuana producing and marijuana processing are permitted in the industrial zone subject to all requirements applicable to the zoning district and the following:

1. Shall be state licensed by the Washington State Liquor and Cannabis Board;

2. Shall have a current city of Fife business license;

3. Shall be subject to all applicable requirements of RCW Title 69 and Chapter 314-55 WAC and all other state statutes, as they now exist or may be amended;

4. May be located only in areas identified as “Eligible Production and Processing” on the “Marijuana Limited Zone Overlay Map” (Chapter 19.10 FMC);

5. The production and processing of marijuana shall be considered “manufacturing” and subject to all other applicable requirements of Fife Municipal Code;

6. Shall not be permitted as a home occupation. (Ord. 1957 § 7, 2017).

19.68.090 Height exception overlay.

There is hereby established a height exception overlay which permits a limited exception to the underlying zoning district height limit as follows:

A. Overlay Boundaries. The height exception overlay is bounded by: the existing city limits to the east and west running along the length of Pacific Highway East; north to existing city limits; south to Interstate 5; and is further defined by those properties which meet the zoning requirements of subsection (B) of this section at the time of the adoption of the ordinance codified in this section. The height exception overlay boundary as defined herein shall be identified on the official zoning map.

B. Applicable Zones. Within the overlay boundaries, the height exceptions shall only apply to properties within the following zones: regional commercial (RC) zone, community commercial (CC) zone, business park (BP) zone, and those properties within the small lot residential (SLR) and industrial (I) zones which are located south of 12th Street East.

C. Applicable Uses. Only residential, professional office, retail sales and service, parking garages, and hotels are uses permitted to utilize the height exception overlay limit.

D. Maximum Height. Maximum building height under this section shall be as follows:

1. Properties north of Pacific Highway East may petition for a building height increase up to 90 feet.

2. Properties south of Pacific Highway East, which immediately abut Pacific Highway East, may petition for a building height increase up to 90 feet.

3. Properties south of Pacific Highway East, which do not immediately abut Pacific Highway East or Interstate 5, may petition for a building height increase up to 75 feet.

4. Properties south of Pacific Highway East, which abut Interstate 5 but not Pacific Highway East, may petition for a building height increase up to 55 feet.

E. Application for Height Exception Procedure. Applications for height exceptions shall be processed as conditional uses under Chapter 19.88 FMC; except that buildings constructed within the regional commercial (RC) zone may be built up to 60 feet without a conditional use permit.

F. The height exception overlay, as permitted under this section, shall only apply to parcels which, at the time of the adoption of the ordinance codified in this section, are within the overlay boundary as defined by subsection (A) of this section and meet the zone requirements of subsection (B) of this section. No extension of the boundary for this exception may be accomplished through a boundary line adjustment.

G. Extension Procedure. The height exception overlay boundaries, as defined in subsection (A) of this section and limited by subsection (B) of this section, may only be extended by the city council and such extension is subject to the amendment procedure described in Chapter 19.92 FMC. The height exception overlay boundary, and any extensions, shall be identified on the official zoning map. (Ord. 1642-07 § 1, 2007; Ord. 1317 § 3, 1998).

19.68.100 Temporary accessory structures and uses.

The following temporary accessory structures and uses are allowed in any zoning district:

A. Temporary structures and storage containers for construction purposes for a period not to exceed the duration of such construction.

B. Temporary, portable and self-contained sanitary waste facility for construction or an approved outdoor special event under Chapter 10.32 FMC. (Ord. 1317 § 3, 1998).

19.68.110 Development agreement.

A. City Council Authority. The city council is hereby authorized to conduct a public hearing for the consideration of development agreements subject to RCW 36.70B.170 through 36.70B.200. The city council is hereby authorized to approve, approve with conditions or deny a proposed development agreement.

B. Application. Development agreement applications must be submitted on forms provided by the director. The director may require any additional information necessary in order for the city to adequately review the proposed agreement.

C. Required Findings. In addition to any required findings for the underlying action, the city council must be able to find that a development agreement:

1. Bears a substantial relationship to the public health, safety, morals and welfare;

2. Is consistent with the city’s development regulations; and

3. Is consistent with the city’s comprehensive plan. (Ord. 1317 § 3, 1998).

19.68.120 Voluntary agreement.

An applicant may enter into a voluntary agreement with the city to allow a payment in lieu of dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat. The voluntary agreement shall not be used for open space required to be in buffer yards, stormwater facilities, sensitive area management tracts, wetland buffers, required landscaping or any other open space required to be on-site.

A. Payment Calculations and Provisions.

1. Calculation for Payment in Lieu of Land Dedication. The payment in lieu of dedication of land shall be calculated based on the assessed land value of the entire property within the proposed development, subdivision, or plat. The assessed land value shall be the amount on record with the Pierce County assessor’s office on the date when a complete project permit application is received by the director or the calendar year of final subdivision or plat approval. The payment shall be calculated by multiplying the percentage of total land that would have been dedicated by the applicant times the above mentioned assessed land value.

2. Calculation for Payment in Lieu of Mitigation. The payment in lieu of mitigation shall be based on the actual cost of the proposed mitigation. The applicant shall submit a cost estimate for the proposed mitigation to the director for review and approval. The director may rely on other cost estimates or information if the applicant’s estimate is not acceptable.

3. Payment Provisions. The voluntary agreement is subject to the following provisions:

a. The payment shall be received by the city prior to the issuance of a project permit or approval of a final subdivision or plat;

b. The payment shall be held in a reserve account and may only be expended to fund a purchase or improvement of open space within 3,000 feet of the perimeter of the project site or expansion or improvement to a city-wide park;

c. The payment shall be expended in all cases within five years of collection; and

d. Any payment not so expended shall be refunded with interest at the rate applied to judgments to the property owners of record at the time of the refund; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest. (Ord. 1317 § 3, 1998).

19.68.130 Property required to connect to public sewer.

A. Required Public Sewer Hookup. After the effective date of the ordinance codified in this title, every lot requiring a new sanitary waste facility shall hookup to a public sewer prior to the issuance of a certificate of occupancy, except if the entire lot is located further than 300 feet from the nearest point of a right-of-way containing a sewer line. The measurement shall be on a horizontal plane, perpendicular to the portion of the right-of-way containing the sewer line.

B. Interim Septic System. For lots which require a new sanitary waste facility but are not required to hookup to a public sewer as determined in subsection A of this section, an interim septic tank system may be installed prior to the issuance of a certificate of occupancy, subject to the following conditions:

1. All necessary on-site components for connection to a public sewer are required to be designed and installed from the applicable structure to the existing right-of-way or easement designated to contain a future public sanitary sewer line. The public works director may reduce or defer the on-site component installation if he cannot determine where the future sewer line will run or if he determines that such installation is impractical for some other technical reason.

2. The property owner and applicant agree not to object to, and to participate in any future utility local improvement district (ULID). Additionally, the property owner and applicant agree to the required hookup actions. Such an agreement shall be submitted on forms provided by the public works director and such agreement shall be recorded against the property at the Pierce County auditor’s office. The agreement shall run with the property.

3. The interim septic system shall comply with the requirements, as revised, of Chapter 13.08 FMC, Sewer System, the On-Site Sewage Disposal Rules and Regulations of Tacoma-Pierce County health department (TPCHD), the applicable sections of the Washington Administrative Code (WAC) and the RCW. The applicant shall submit a copy of the TPCHD permit approval to the city prior to the issuance of any grading, fill or building permit.

4. The interim septic system shall be installed, inspected and approved by the TPCHD prior to the issuance of any certificate of occupancy.

5. The interim septic tank shall be removed or filled upon sewer hookup in accordance with TPCHD requirements.

C. Interim Holding Tank/Interim Alternative Sanitary Waste Facility. If the city of Fife or if the TPCHD determine that an interim septic system is not technically feasible or will probably result in a significant environmental impact, an interim holding tank or other interim alternative sanitary waste facility, if in compliance with TPCHD and state regulations, may be installed prior to the issuance of a certificate of occupancy, subject to the following conditions:

3. The interim holding tank/interim alternative sanitary waste facility shall comply with the requirements, as revised, of Chapter 13.08 FMC, Sewer System, the On-Site Sewage Disposal Rules and Regulations of Tacoma-Pierce County health department (TPCHD), the applicable sections of the Washington Administrative Code (WAC) and the RCW. The applicant shall submit a copy of the TPCHD permit approval to the city prior to the issuance of any grading, fill or building permit.

4. The interim holding tank/interim alternative sanitary waste facility shall be installed, inspected and approved by the TPCHD prior to the issuance of any certificate of occupancy.

5. The interim holding tank/interim alternative sanitary waste facility shall be removed or filled upon sewer hook-up in accordance with TPCHD requirements. (Ord. 1317 § 3, 1998).

19.68.140 Siting of essential public facilities.

The purpose of this section is to establish and describe Fife’s process for identifying and siting essential public facilities. Essential public facilities include, but are not limited to, those facilities which are difficult to site, such as airports, state educational facilities, state and regional transportation facilities, state and local correctional facilities, solid waste handling facilities and in-patient facilities (including substance abuse, mental health and group home facilities). The Growth Management Act mandates that no local development regulation may preclude the siting of essential public facilities.

A. Identification. The city of Fife hereby recognizes the list of essential state public facilities which is maintained and updated by the State Office of Financial Management. The director is hereby authorized to determine if any additional proposed use within Fife is an essential public facility.

B. Siting. If an essential public facility is listed as either a permitted or conditional use within a zoning district, the use is restricted to those zoning districts. If an essential public facility is not expressly listed as either a permitted or conditional use within a zoning district, then the use shall be restricted to the regional commercial and industrial zoning districts. Essential public facilities which are not expressly listed within a zoning district are subject to a conditional use permit. All essential public facilities requiring a conditional use permit shall be subject to the additional requirements below:

1. The federal, state, regional or local agency (applicant) shall provide a justifiable need for the public facility and for its location within Fife.

2. The applicant shall provide a site selection analysis consisting of a least three proposed sites, one of which must be located outside of the Fife city limits. The applicant shall identify the reasons for the proposed site being more desirable than the other two identified sites.

3. If the applicant is proposing a site within a regional commercial district, the applicant shall indicate why an industrial district is not being proposed.

4. Based on the potential impact to the health, safety, morals and general welfare of the citizens of Fife, the hearing examiner may require a proposed facility to be located a sufficient distance from any residential district, residential use, park, children’s school or day-care facility.

5. Based on the proposed use, the hearing examiner shall identify the appropriate land use intensity classification for the purpose of determining the buffering requirements in Chapter 19.64 FMC.

6. The applicant shall provide a list and description of other similar facilities within Pierce County. At a minimum, each such description shall include the address, contact person, telephone number, size, scope and resident population (if any) of the other similar facilities.

7. The hearing examiner may consider the fair distribution of similar essential public capital facilities within Pierce County. Fair distribution shall be based on a per capita analysis of Pierce County jurisdictions. If Fife is presently exceeding its fair share of such a facility, the hearing examiner may deny the request if the rationale for selecting Fife over another location is not a compelling one. (Ord. 1593-06 § 68, 2006; Ord. 1317 § 3, 1998).

19.68.150 Temporary homeless encampments.

A. Purpose. To provide within the Fife Municipal Code an equitable permitting process, that includes reasonable conditions in order to meet the need for temporary shelter for homeless persons while also protecting the public health and safety within the limits allowed by state and federal law.

B. Where Permitted. Temporary homeless encampments shall only be allowed in such locations as meet the requirements of this chapter. No temporary homeless encampment shall be established or continue to operate without a valid temporary homeless encampment permit.

C. Applicable Procedures. A temporary homeless encampment shall be subject to the following procedures.

1. Notice and Informational Meeting Required. The host agency and/or sponsoring agency shall conduct at least one informational meeting within 20 days after submittal of the application for a temporary homeless encampment permit to the city. The meeting location shall be approved by the community development director. The time and location of the meeting shall be transmitted to all property owners within 1,000 feet of the proposed temporary homeless encampment by mail 10 business days in advance of the meeting by the host agency and/or sponsoring agency. Proof of mailing shall be provided to the community development director at time of application submittal. In lieu of notice by mail, an alternative means of notice may be provided that is reasonably calculated to notify the neighboring property owners within 1,000 feet of the proposed temporary homeless encampment, with prior approval of the community development director.

2. Signs Required. The applicant shall also provide notice of the meeting within the same timeframe identified above by posting signs on each street frontage on the site or in a location immediately adjacent to the site that provides readability of the signs to motorists using adjacent streets.

3. Newspaper Notice. The applicant shall also provide advance notice of the meeting in at least one paper of general circulation within the city.

4. Submittal Required. The host agency and sponsoring agency shall submit an application for a temporary homeless encampment permit no less than 45 days in advance of the proposed date for commencing the use of the property for a temporary homeless encampment. The temporary homeless encampment permit application shall be on a form provided by the city and shall contain at least the following information:

a. The date the temporary homeless encampment will commence;

b. The length of encampment;

c. The maximum number of residents proposed;

d. The host location;

e. The names of the host and sponsoring agencies;

f. A narrative description of how the proposed temporary homeless encampment will comply with the requirements of this chapter;

g. Site plan showing, but not limited to, the following:

i. Method and location of required screening;

ii. Location of food and security tent;

iii. Method and location of potable water;

iv. Method and location of waste receptacles;

v. Location of required sanitary stations including toilets and hand washing facility;

vi. Location of on-site parking and number of vehicles associated with the temporary homeless encampment;

vii. General location or arrangement of tents;

viii. Access routes for emergency vehicles.

h. Proposed security plan;

i. Proposed code of conduct; and

j. If portable toilets are being used, an executed contract between the sponsoring agency and the portable toilet company that will provide the necessary number of portable toilets, and provide for their delivery, maintenance and removal for the entire length of the proposed temporary homeless encampment.

D. Standards and Review Criteria. In reviewing the temporary homeless encampment permit, the community development director shall take into consideration the following:

1. Site Criteria.

a. If the sponsoring agency is not the host agency of the site, the sponsoring agency shall submit a written agreement from the host agency allowing the temporary homeless encampment and clarifying the obligations of the sponsoring agency.

b. The property must be of sufficient size to accommodate the tents and necessary on-site facilities, including, but not limited to, the following:

i. Sanitary portable toilets in the number required to meet capacity guidelines by the manufacturer;

ii. Self-contained hand washing stations by the toilets and by the food areas;

iii. Refuse receptacles; and

iv. Food tent and security tent.

c. The host and sponsoring agencies shall provide a water source to the temporary homeless encampment.

d. No temporary homeless encampment shall be located within a sensitive/critical area or its buffer as defined under FMC 17.05.015.

e. No permanent structures will be constructed for the temporary homeless encampment unless in compliance with the applicable building codes of the city and subject to a duly issued building permit issued by the city prior to the commencement of any construction.

f. No more than 40 residents shall be allowed at any one temporary homeless encampment. The city may further reduce the number of residents as site conditions dictate. The director shall have the authority to increase the number of residents by 15 percent as site conditions dictate.

g. Adequate on-site parking, at least five parking spaces, shall be provided for the temporary homeless encampment. The number of estimated vehicles used by residents of the temporary homeless encampment shall be provided in the permit application. If the homeless encampment is located on a site that has another preexisting use, it shall be shown that the temporary homeless encampment parking will not create a shortage of required on-site parking for the other use(s) on the property.

h. The temporary homeless encampment shall be located within a quarter mile of a bus stop with six days per week service, whenever possible. If not located within a quarter mile of a bus stop, the host or sponsoring agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses).

i. The temporary homeless encampment and sanitary portable toilets shall be screened from adjacent right-of-way and residential properties. Screening shall be sight-obscuring and a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the temporary homeless encampment behind buildings.

j. The temporary homeless encampment shall be located a minimum of 20 feet from the property line of abutting properties containing commercial or industrial uses. The temporary homeless encampment shall be located a minimum of 30 feet from the property line of abutting properties containing residential uses, unless director finds that a reduced buffer width will provide adequate separation between the temporary homeless encampment and adjoining uses, due to changes in elevation, intervening building or other physical characteristics of the site of the temporary homeless encampment.

k. All tents or temporary facilities shall be centrally located, as well as screened and buffered from any public right-of-way and adjacent parcel.

2. Security.

a. An operations and security plan for the temporary homeless encampment shall be submitted to the city at the time of application.

b. The host agency shall provide to all residents of the temporary homeless encampment a code of conduct for living at the temporary homeless encampment. A copy of the code of conduct shall be submitted to the city at the time of application.

The code of conduct shall provide for the health, safety and welfare of the temporary homeless encampment residents and mitigation of impacts to neighbors and the community.

c. The host, sponsoring agency and temporary homeless encampment residents shall ensure compliance with applicable state statutes and regulations and local ordinances concerning, but not limited to, drinking water connections, solid waste disposal, human waste, electrical systems, and fire resistant materials.

d. The host or sponsoring agency shall keep a log of all people who stay overnight in the temporary homeless encampment, including names and birth dates, and dates of stay. Logs shall be kept a minimum of six months.

e. The host or sponsoring agency shall take all reasonable and legal steps to obtain verifiable ID, such as a driver’s license, government-issued identification card, military identification, or passport from prospective and existing temporary homeless encampment residents.

f. The host or sponsoring agency will use identification and take all reasonable and legal steps to obtain sex offender and warrant checks from the Washington State Patrol, the County Sheriff’s Office, or other law enforcement agency of competent jurisdiction.

i. If said warrant and sex offender checks reveal either (A) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (B) the subject of the check is a sex offender, required to register with the county sheriff or their county of residence pursuant to RCW 9A.44.130, then the host or sponsoring agency shall respond according to and comply with requirements of the law.

ii. The host or sponsoring agency shall immediately contact the Fife police department if someone is rejected or ejected from the temporary homeless encampment where the reason for rejection or ejection is an active warrant or a match on a registered sex offender check, or if, in the opinion of the host, sponsoring agency or “on duty” temporary homeless encampment manager, the rejected/ejected person is a potential threat to the community.

g. The host or sponsoring agency shall self-police and self-manage its residents of the temporary homeless encampment, and prohibit alcohol, drugs, weapons, fighting, and abuse of any kind, littering or disturbing neighbors while located on the property.

h. The host or sponsoring agency will appoint a designated representative to serve “on-duty” as a temporary homeless encampment manager at all times to serve as a point of contact for the police department and will orient the police as to how the security tent operates. The names of the on-duty designated representative will be posted daily in the security tent. The city shall provide contact numbers of nonemergency personnel which shall be posted at the security tent.

i. No children under 18 shall be allowed to stay overnight in the encampment unless accompanied by a parent or guardian or unless the sponsoring or managing agency has proof of the minor’s legal emancipation. If an unemancipated child under the age of 18 without a parent or guardian present attempts to stay at the encampment, the sponsoring or managing agency or encampment manager shall immediately contact child protective services and shall actively endeavor to find alternative shelter for the child.

3. Timing.

a. The duration of the temporary homeless encampment shall not exceed 90 days, to start on the first day of occupation of the temporary homeless encampment.

b. No additional temporary homeless encampments may be allowed by the host agency at the same location, regardless or parcel boundaries, in any 12-month period beginning on the date the temporary homeless encampment locates on a parcel of property.

c. No more than one temporary homeless encampment may be located in the city at any time.

4. Health and Safety.

a. Given the density and abundance of flammable materials at temporary homeless encampments, temporary homeless encampments shall conform to the following fire requirements:

i. There shall be no open fires for cooking without preapproval by the building official/fire marshal and no open fires for heating;

ii. No heating appliances within the individual tents are allowed without preapproval by the building official/fire marshal;

iii. No cooking appliances are allowed in individual tents;

iv. An adequate number, with appropriate rating, of fire extinguishers shall be provided as approved by the building official/fire marshal;

v. Adequate access for fire and emergency medical apparatus shall be provided, and remain clear for the duration of the temporary homeless encampment. This shall be determined by the building official/fire marshal;

vi. Adequate separation between tents and other structures shall be maintained as determined by the building official/fire marshal, fire department;

vii. Electrical service shall be in accordance with recognized and accepted practice. Electrical cords must be approved for exterior use by the building official/fire marshal; and

viii. Applicable requirements of the state building code.

Approval and determination by the building official/fire marshal for the above requirements shall be consistent with the goals, purpose and intent of the state building code.

b. The host agency and sponsoring agency shall permit reasonable inspections by city staff, the county health department and any local, state or federal agency having jurisdiction to determine compliance with the conditions of the temporary homeless encampment permit. The host agency and sponsoring agency shall implement all directives resulting from such inspections within 48 hours, unless otherwise noted.

5. Director’s Decision.

a. Purpose. The director shall review the proposal to ensure compliance with the provisions of this chapter and all other applicable law, to ensure that the health, safety and welfare of the citizens of the city is preserved, and to provide an expedient and reasonable land use review process for decisions and interpretations of this chapter.

b. Director Authority. The director may modify the submittal requirements as deemed appropriate to achieve the purpose stated above. In addition, because each temporary homeless encampment has unique characteristics, including but not limited to size, duration, uses, number of occupants and composition, the director shall have the authority to impose conditions to the issuance of the permit for temporary homeless encampments to mitigate effects on the community upon finding that said effects are materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. Conditions, if imposed, must relate to findings by the director, and must be calculated to minimize nuisance generating features in matters of noise, waste, air quality, unsightliness, traffic, physical hazards and other similar matters that the temporary homeless encampment may have on the area in which it is located.

The director may also approve an application for temporary homeless encampment permits with proposed standards and conditions that differ slightly from those in this section only where the applicant submits a description of the standard or condition to be modified and demonstrates how the modification would result in a safe temporary homeless encampment for its residents, and mitigate impacts to neighbors and the community under the specific circumstances of the application.

In all other cases where the application for temporary homeless encampment does not meet the requirements and standards of this section or adequate mitigation may not be feasible or possible, the director shall deny issuance of a temporary homeless encampment permit.

c. Notice of Decision. The community development director shall notify the sponsoring and host agencies of his or her decision to approve, modify or deny the application within a timely manner. The community development director’s decision is an administrative action and is appealable to the hearings examiner.

6. Revocation.

a. Upon determination that there has been a violation of any approval criteria or condition of the application, or that false information was provided in the application, the director or the director’s designee shall give written notice to the permit holder describing the alleged violation and the proposed remedy, and giving the permit holder seven days to remedy the violation. If the permit holder does not believe there is a violation, or that a different remedy would be appropriate, then within said seven-day period the permit holder may request a meeting with the director to discuss the violation. If, after the meeting, the director does not modify the decision as requested by the permit holder, then the permit holder shall have 10 days from the director’s decision from the meeting to appeal the decision to the city’s hearings examiner. The director’s decision shall be final at the end of the initial seven-day period, if no meeting with the director is requested, or if a meeting is requested, then upon issuance of the director’s decision after the requested meeting.

b. Where the violation creates a serious and immediate threat to the public health or safety, then notwithstanding the provisions of the preceding subsection, the director may immediately require the temporary homeless encampment to be vacated. Such decision may only be appealed to the Pierce County superior court, and shall remain in effect unless the court enjoins its enforceability, or the director determines that the immediate threat to the public health or safety has been eliminated and withdraws his order to vacate. The remedy provided in this subsection (D)(6)(b) shall be in addition to the remedy of revoking or modifying the temporary homeless encampment permit in accordance with the provisions of the previous subsection. (Ord. 1914 § 2, 2015).