Chapter 19.15
USE ZONE CHARTS Revised 1/20

19.15.001    User Guide.

19.15.005    Single-Family Residential Zones.

19.15.005.1    Special Regulations.

19.15.010    Multi-Family Residential Zones. Revised 1/20

19.15.010.1    Special Regulations.

19.15.015    Neighborhood Center Zone.

19.15.015.1    Special Regulations.

19.15.020    Intersection Commercial Zone.

19.15.020.1    Special Regulations.

19.15.025    Downtown Commercial Zone.

19.15.025.1    Special Regulations.

19.15.030    Professional Residential Zone.

19.15.030.1    Special Regulations.

19.15.035    Community Commercial Zones.

19.15.035.1    Special Regulations.

19.15.040    Regional Commercial Zone.

19.15.040.1    Special Regulations.

19.15.045    Office Zone.

19.15.045.1    Special Regulations.

19.15.050    Industrial Zone.

19.15.050.1    Special Regulations.

19.15.055    Special Planning Area 1: Old Burien.

19.15.055.1    Special Regulations.

19.15.060    Special Planning Area 2: Ruth Dykeman Children’s Center.

19.15.060.1    Special Regulations.

19.15.065    Special Planning Area 3: Gateway.

19.15.065.1    Special Regulations.

19.15.070    Airport Industrial Zones.

19.15.070.1    Special Regulations.

    

19.15.001 User Guide.

The charts in this Chapter contain the basic zoning regulations that apply in each zone within the City of Burien. Use these charts by reading the first page in each section, which provides general regulations that apply to all uses in that zone. Then, on the following pages of each zone, read down the left column entitled “use”. Once you locate the use in which you are interested, read across to find the regulations that apply to that use. In addition, if the top of each column contains a reference to another Zoning Code section or chapter, you should read that section or chapter to determine which additional regulations pertain to your use. The symbol “#” indicates that applicable regulations are in the Interim Zoning Code. Finally, reading Chapter 19.05 of this Code will help you find other regulations that may apply to your property or use. The sample chart below describes the regulations that are contained in each column. Italicized words are defined in Chapter 19.10.

 

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations

(See also Chapter 19.17, Miscellaneous Use, Development and Performance Standards)

Lot Area

SETBACKS

Lot Coverage

Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

This column contains all of the uses that may locate in this zone. If a use is not listed, it is not allowed in this zone. Each use listed is subject to all of the regulations listed in the columns to the right of that use.

This column lists the special review processes that the City will use to approve or disapprove each listed use. If no process is listed, no formal land use review process is required. In any event, a building or other permit may be required by the Building Official. See Chapter 19.65 of this Code for details on special review processes.

This column lists the minimum required lot area for each listed use.

These columns list the minimum required setbacks for each use. Chapter 19.17 of this Code establishes what structures, improvements, and activities may or may not take place in these required setbacks.

This column lists the maximum amount of building coverage allowed for each use. Chapter 19.17 of this Code establishes what structures, and improvements may or may not be counted as building coverage.

This column lists the maximum amount of impervious surface coverage allowed for each use. Chapter 19.17 of this Code establishes what structures and improvements may or may not be counted as impervious surface.

This column lists the maximum height of structures allowed for each use.

This column lists the landscaping category for each use. See Chapter 19.25 of this Code for details on landscaping requirements.

This column lists the parking requirement for each use. For some uses, a specific number of stalls is not listed and a reference is given to a specific section in the parking chapter that states that the City will determine the parking requirement on a case-by-case basis.

This column contains any special regulations, standards or decisional criteria that may apply to each use.

 

19.15.005 SINGLE-FAMILY RESIDENTIAL ZONES

PURPOSE AND INTENT: These zones implement the Low Density Residential Neighborhood and Moderate Density Residential Neighborhood Comprehensive Plan designations. The purpose of these zones is to establish areas in which a wide range of single-family housing opportunities can be provided, while preserving the character of the surrounding neighborhood and protecting environmentally sensitive areas. The intent is to provide a variety of attractive, well-designed housing choices that meet the needs of existing and future City residents.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN THE RS ZONES, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE SINGLE-FAMILY RESIDENTIAL ZONES. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.005.1

SPECIAL REGULATIONS:

A. Repealed, Ord. 529, 2009

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations (See also Section 19.15.005.1 and Chapter 19.17, Miscellaneous Use, Development and Performance Standards)

Lot Area

SETBACKS

Lot Coverage

Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

 

 

 

 

 

 

 

 

 

 

 

 

19.15.005.2

Single Detached Dwelling Unit (2)

None

See Spec. Regs. 1, 2 & 3

20’

5’

RS-A zone: 20%

All other RS zones: 35%

RS-A zone: 20%

RS-12,000 zone: 45%

RS-7,200 zone: 70%

35’

A

2 spaces per unit

1. Minimum lot area per dwelling unit is:

a. 1 acre in the RS-A zone.

b. 12,000 s.f. in the RS-12,000 zone.

c. 7,200 s.f. in the RS-7,200 zone.

2. One single detached dwelling unit may be built on a lot that has less than the stated minimum lot area.

3. No lot shall be created less than the minimum lot area except through the application of lot averaging. Lot averaging is permitted through a short plat, subdivision or lot line adjustment. However, no lot shall be created with an area less than 90 percent of the stated minimum lot area. [Ord. 484 § 1, 2008]

4. Chapter 19.17 contains regulations regarding home occupations, and other accessory uses, facilities and activities associated with this use.

19.15.005.3

Family Day Care Home I and II

Day Care Center

None

See Special Regulation 1

1. Must comply with requirements of the primary use.

2. Family Day Care Home II and Day Care Center: Must provide State certification of safe passenger loading area.

3. Day Care Center: Allowed only within a religious facility or school.

19.15.005.4

Public Park and Recreation Facilities

None. See Spec. Reg. 4 [Ord. 560 § 1 (Exh. A), 2012]

None. See Spec. Reg. 1

30’ See Spec. Reg. 3

30’ See Spec Reg. 3

35%

RS-A zone: 20%

RS-12,000 zone: 45%

RS-7,200 zone: 70% [Ord. 313 §1, 2000]

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Marinas only allowed on public property in excess of two acres.

2. Lighting for structures and fields shall be directed away from dwelling units.

3. Structures shall maintain a 50-foot setback from adjoining lots containing single detached dwelling units. The Director may allow structures such as playground equipment, ball field backstops and tennis court fences closer than 50 feet if compatible with the surrounding neighborhood and traffic safety considerations.

4. No special review process if project design is approved by the City Council through a public review process that includes posting a notice board at the site and notification to neighbors; otherwise a Type 2 review process is required. [Ord. 560 § 1 (Exh. A), 2012]

19.15.005.5

Cemetery

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

None

30’

30’

35%

RS-A zone: 20%

RS-12,000 zone: 45%

RS-7,200 zone: 70% [Ord. 313 §1, 2000]

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Columbarium or mausoleum structures must be setback 100 feet minimum from property lines adjoining residential zones.

19.15.005.6

Community Residential Facility – I(2)

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

See Spec. Reg. 1

20’

5’

35%

RS-A zone: 20%

RS-12,000 zone: 45%

RS-7,200 zone: 70% [Ord. 313 §1, 2000]

35’

B

1 space for every 2 bedrooms

1. Minimum lot area per dwelling unit is:

a. 1 acre in the RS-A zone.

b. 12,000 s.f. in the RS-12,000 zone.

c. 7,200 s.f. in the RS-7,200 zone.

19.15.005.7

Golf Course

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

None

30’ See Spec. Reg. 1

30’ See Spec Reg. 1

35%

RS-A zone: 20%

RS-12,000 zone: 45%

RS-7,200 zone: 70% [Ord. 313 §1, 2000]

35’

C

3 spaces per hole, plus 3 spaces per 1,000 s.f. of clubhouse facilities

1. Structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.

(2) Amended, Ord. 269, 1999

19.15.005.8

Hatchery/Fish Preserve

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

None.

30’

30’

35%

RS-A zone: 20%

RS-12,000 zone: 45%

RS-7,200 zone: 70% [Ord. 313 §1, 2000]

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. This use may be further subject to the provisions of KCC Title 25, Shoreline Management Program.

19.15.005.9

Religious Facility

Type 2

None

30’

30’

35%

RS-A zone: 20%

RS-12,000 zone: 45%

RS-7,200 zone: 70% [Ord. 313 §1, 2000]

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Accessory use shall comply with the requirements for that use listed in this use zone chart (BMC 19.15.005).

19.15.005.10

School

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

None

30’

30’

35%

RS-A zone: 20%

RS-12,000 zone: 45%

RS-7,200 zone: 70% [Ord. 313 §1, 2000]

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.005.11

Senior Citizen Assisted Dwelling Unit(2)

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

See Spec. Reg. 1

20’

5’

35%

RS-A zone: 20%

RS-12,000 zone: 45%

RS-7,200 zone: 70% [Ord. 313 §1, 2000]

35’

B

0.5 spaces per unit

1. Minimum lot area per dwelling unit is:

a. 1 acre in the RS-A zone.

b. 12,000 s.f. in the RS-12,000 zone.

c. 7,200 s.f. in the RS-7,200 zone.

2. Conversion to another use is allowed, provided that all requirements for the new use are met, including density limitations.

19.15.005.12

Essential Public Facility

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

Development standards shall be determined on a case-by-case basis through the Type 3 review process.

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts. 2. Shall comply with criteria for siting found in the Burien Comprehensive Plan.

19.15.005.13

Community, Cultural or Government Facility

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

See Spec. Reg. 1

30’

30’

35%

RS-A zone: 20%

RS-12,000 zone: 45%

RS-7,200 zone: 70% [Ord. 313 §1, 2000]

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Minimum lot area for a public agency training facility is 35 acres.

19.15.005.14

Public Utility

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

None

30’

30’

35%

RS-A zone: 20%

RS-12,000 zone: 45%

RS-7,200 zone: 70% [Ord. 313 §1, 2000]

20’ See Spec. Reg. 1

D

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. The City Council may approve height no greater than 35 feet if the applicant shows that no feasible alternative is available.

2. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

19.15.005.15

Personal Wireless Service Facility(1)

See Chapter 19.50

19.15.005.16

Community Garden(2)

None

None

20’

5’

15%

25%

12’

A

See. Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. A land use agreement approved by the Director shall be executed between the landowner and those who are interested in gardening on private land. The agreement shall include Community Garden Rules to maintain the property safely and prevent disturbances to neighboring property owners and residents.

(1) Amended, Ord. 265, 1999

(2) Added, Ord. 560, 2012

Note: All landscape categories added by Ord. 293, 2000.

 

 

 

19.15.010 MULTI-FAMILY RESIDENTIAL ZONES Revised 1/20

PURPOSE AND INTENT: These zones implement the Low and High Density Multifamily Neighborhood Comprehensive Plan designations. The purpose of these zones is to establish areas in which a wide range of single-family and multi-family housing opportunities can be provided, which are compatible with adjacent lower density single-family housing and which protect environmentally sensitive areas. The intent is to provide a variety of stable and attractive, well-designed housing choices that are located near transit, employment, shopping and recreational facilities, and meet the needs of existing and future City residents. Redevelopment of existing housing complexes is encouraged.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN THE RM ZONES, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE MULTI-FAMILY RESIDENTIAL ZONES. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.010.1

SPECIAL REGULATIONS:

A. Repealed, Ord. 529, 2009

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations (See also Section 19.15.010.1 and Chapter 19.17, Miscellaneous Use, Development and Performance Standards)

Lot Area

SETBACKS

Lot Coverage

Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

 

19.15.010.2

Townhouse Dwelling Unit

Type 1

See Spec. Reg. 1

10'

See Spec Reg. 3

RM-12 & RM-18 zones: 60%

RM-24 & RM-48 zone: 70% [Ord. 533 § 1, 2010]

85%

RM-48 zone: 90% [Ord. 533 § 1, 2010]

35'

RM-48 zone: 60' See Spec Reg.6 [Ord. 533 § 1, 2010]

B

2.0 spaces per unit

1. Minimum lot area per dwelling unit is:

a. 3,600 square feet in the RM-12 zone.

b. 2,400 square feet in the RM-18 zone.

c. 1,800 square feet in the RM-24 zone.

d. 900 square feet in the RM-48 zone. [Ord. 533 § 1, 2010]

2. Each dwelling unit must be located on its own lot.

3. Minimum interior setback is 5 feet, except interior setback between townhouses may be reduced to zero feet.

4. Chapter 19.17 contains regulations regarding home occupations, and other accessory uses, facilities and activities associated with this use.

5. No lot shall be created less than the minimum lot area except through the application of lot averaging. Lot averaging is permitted through a short plat, subdivision or lot line adjustment. However, no lot shall be created with an area less than 90 percent of the stated minimum lot area. [Ord. 484 § 1, 2008]

6. In the RM-48 zone this height limit may be increased if portions of the structure that exceed the base height limit provide one additional foot of front and interior setback for each foot above the base height limit, but the maximum height may not exceed 75'. [Ord. 533 § 1, 2010]

19.15.010.3

Apartment Dwelling Unit

Type 1 [Ord. 484 § 1, 2008]

5,000 s.f. See Spec. Reg. 1

10'

5'

RM-12 & RM-18 zones: 60%

RM-24 & RM-48 zone: 70% [Ord. 533 § 1, 2010]

85%

RM-48 zone: 90% [Ord. 533 § 1, 2010]

35'

RM-48 zone: 60'

See Spec Reg. 3 [Ord. 533 § 1, 2010]

B

1.8 spaces per unit

1. Maximum density per dwelling unit is:

a. 12 units per acre in the RM-12 zone.

b. 18 units per acre in the RM-18 zone.

c. 24 units per acre in the RM-24 zone.

d. 48 units per acre in the RM-48 zone. [Ord. 533 § 1, 2010]

2. Chapter 19.17 contains regulations regarding home occupations, and other accessory uses, facilities and activities associated with this use.

3. In the RM-48 zone this height limit may be increased if portions of the structure that exceed the base height limit provide one additional foot of front and interior setback for each foot above the base height limit, but the maximum height may not exceed 75 feet. [Ord. 533 § 1, 2010]

19.15.010.4(3)

 

 

 

 

 

 

 

 

 

 

 

19.15.010.5

Family Day Care Home I and II

None

See Special Regulation 1

1. Must comply with requirements of the primary use.

2. Family Day Care Home II: Must provide State certification of safe passenger loading area.

19.15.010.6

Day Care Center

None

5,000 s.f.

10'

5'

RM-12 & RM-18 zones: 60%

RM-24 & RM-48 zone: 70% [Ord. 533 § 1, 2010]

85%

RM-48 zone: 90% [Ord. 533 § 1, 2010]

35'

B

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Must provide State certification of safe passenger loading area.

19.15.010.7

Mixed Use

Type 1

5,000 s.f.

10'

5'

RM-12 & RM-18 zones: 60%

RM-24 & RM-48 zone: 70% [Ord. 533 § 1, 2010]

85%

RM-48 zone: 90% [Ord. 533 § 1, 2010]

35' See Spec. Reg. 5

RM-48 zone: 60' See Spec Reg. 6 [Ord. 533 § 1, 2010]

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Mixed use is allowed only in RM-24 and RM-48 zones.

2. The proposed development must fit in with the character of the surrounding residential neighborhood.

3. No more than 50% of the gross floor area of the structure shall be devoted to office uses. Retail uses, banks, loan companies and similar financial institutions are not permitted.

4. Maximum residential density is 24 dwelling units per acre in the RM-24 zone and 48 dwelling units per acre in the RM-48 zone.

5. Height may be increased to 60 feet, if:

a. At least 25% of the required parking is under or within a building and is fully screened from public view; and

b. The landscape type in the prescribed category is increased by one type (for example, Type III is increased to Type II). [Ord. 523 § 1, 2009]

6. In the RM-48 zone this height limit may be increased if portions of the structure that exceed the base height limit provide one additional foot of front and interior setback for each foot above the base height limit, but the maximum height may not exceed 75 feet. [Ord. 533 § 1, 2010]

19.15.010.8

Public Park and Recreation Facilities

None. See Spec. Reg. 3 [Ord. 560 § 1 (Exh. A), 2012]

None.

30' See Spec. Reg. 2

30' See Spec. Reg. 2

60%

85%

35'

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Lighting for structures and fields shall be directed away from dwelling units.

2. Structures shall maintain a 50-foot setback from adjoining lots containing single detached dwelling units. The Director may allow structures such as playground equipment, ball field backstops and tennis court fences closer than 50' if compatible with the surrounding neighborhood and traffic safety considerations.

3. No special review process if project design is approved by the City Council through a public review process that includes posting a notice board at the site and notification to neighbors; otherwise a Type 2 review process is required. [Ord. 560 § 1 (Exh. A), 2012]

19.15.010.9

Community Residential Facility

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

5,000 s.f.

10'

5'

RM-12 & RM-18 zones: 60%

RM-24 & RM-48 zones: 70% [Ord. 533 § 1, 2010]

85%

RM-48 zone: 90% [Ord. 533 § 1, 2010]

35'

RM-48 zone: 60' See Spec. Reg.1 [Ord. 533 § 1, 2010]

B

1 space for every 2 bedrooms

1. In the RM-48 zone this height limit may be increased if portions of the structure that exceed the base height limit provide one additional foot of front and interior setback for each foot above the base height limit, but the maximum height may not exceed 75 feet. [Ord. 533 § 1, 2010]

19.15.010.10

Nursing Home

Type 2

5,000 s.f.

10'

5'

RM-12 & RM-18 zones: 60%

RM-24 & RM-48 zones: 70% [Ord. 533 § 1, 2010]

85%

RM-48 zone: 90% [Ord. 533 § 1, 2010]

35'

RM-48 zone: 60' See Spec. Reg.1 [Ord. 533 § 1, 2010]

B

1 space for every 4 beds

1. In the RM-48 zone this height limit may be increased if portions of the structure that exceed the base height limit provide one additional foot of front and interior setback for each foot above the base height limit, but the maximum height may not exceed 75 feet. [Ord. 533 § 1, 2010]

19.15.010.11

Religious Facility

Type 2

5,000 s.f.

30'

30'

60%

85%

35'

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.010.12

School

Type 2

5,000 s.f.

30'

30'

60%

85%

35'

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.010.13

Senior Citizen Assisted Dwelling Unit

Type 2

5,000 s.f. See Spec. Reg. 1

10'

5'

RM-12 & RM-18 zones: 60%

RM-24 & RM-48 zones: 70% [Ord. 533 § 1, 2010]

85%

RM-48 zone: 90% [Ord. 533 § 1, 2010]

35'

RM-48 zone: 60'

See Spec. Reg. 3 [Ord. 533 § 1, 2010]

B

0.5 spaces per unit

1. Maximum density per dwelling unit is:

a. 12 units per acre in the RM-12 zone.

b. 18 units per acre in the RM-18 zone.

c. 24 units per acre in the RM-24 zone.

d. 48 units per acre in the RM-48 zone.

Additional density may be allowed in the RM-24 and RM-48 zones if appropriate for the site and if zoning code requirements are met without the need for variances or administrative adjustments. [Ord. 533 § 1, 2010]

2. Chapter 19.17 contains regulations regarding home occupations, and other accessory uses, facilities and activities associated with this use.

3. In the RM-48 zone this height limit may be increased if portions of the structure that exceed the base height limit provide one additional foot of front and interior setback for each foot above the base height limit, but the maximum height may not exceed 75 feet. [Ord. 533 § 1, 2010]

19.15.010.14

Essential Public Facility

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

Development standards shall be determined on a case-by-case basis through the Type 3 review process.

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

2. Shall comply with criteria for siting found in the Burien Comprehensive Plan.

19.15.010.15

Community, Cultural or Government Facility

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

5,000 s.f.

30'

30'

60%

85%

35'

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.010.16

Public Utility

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

None

30'

30'

60%

85%

35'

D

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

19.15.010.17

Personal Wireless Service Facility(1)

See Chapter 19.50

 

19.15.010.18

Community Garden(2)

None

None

10'

5'

15%

25%

12'

A

See. Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. A land use agreement approved by the Director shall be executed between the landowner and those who are interested in gardening on private land. The agreement shall include Community Garden Rules to maintain the property safely and prevent disturbances to neighboring property owners and residents.

(1) Amended, Ord. 265, 1999

(2) Added, Ord. 560, 2012

(3) Repealed, Ord. 724, 2019

NOTE: All landscape categories added by Ord. 293, 2000.

 

 

19.15.015 NEIGHBORHOOD CENTER ZONE

PURPOSE AND INTENT: The Neighborhood Center (CN) zone implements the Neighborhood Center Comprehensive Plan designation. The purpose of this zone is to establish relatively small areas to provide convenience goods and services to meet the everyday needs of the surrounding residential neighborhoods, while protecting neighborhood character. The intent is to provide for limited retail stores, services, offices and mixed use buildings that serve the immediate neighborhood (as well as other markets or service areas), located in neighborhood focal points which are designed to encourage pedestrian and transit access, be compatible with adjacent residential neighborhoods, and be consistent with road and utility capacity.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN THE CN ZONE, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE NEIGHBORHOOD CENTER ZONE. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.015.1

SPECIAL REGULATIONS:

A. Maximum gross floor area per building is 4,000 s.f. Up to 8,000 s.f. may be approved through a Type 1 review process. Greater than 8,000 s.f may be approved through a Type 2 review process.

B. Front setback shall be 10 feet. Greater or lesser setback shall be reviewed through a Type 1 process. The area between the building and the front property line shall be used for pedestrian-oriented features, such as outdoor displays, benches, tables, gardens or similar features. The main pedestrian access shall be located in the front of the building with direct access onto a sidewalk. Buildings may be setback greater than 10 feet from the front property line if the area between the front property line and building is used for pedestrian-oriented features, or, if the area is an alcove in front of the pedestrian entrance. Buildings may be setback less than 10 feet if building wall design and finishes relate to the pedestrian scale (i.e., use of color, texture, windows), and pedestrian needs are otherwise accommodated.

C. The following are not permitted: Auto repair, convenience auto service, auto sales, pawn shop, veterinarian, and drive-through facilities.

D. Site design shall include at least one pedestrian amenity for each 2,000 s.f. of gross floor area or portion thereof. The amenity shall be approved by the Director, shall be located in an area accessible to pedestrians, and shall not be located on a sidewalk in the public right-of-way, unless approved through a Type 1 review. The following are examples of possible pedestrian amenities: awning over public sidewalk; bench; outdoor table and chairs for minimum of four people.

E. Outdoor storage is limited to accessory storage of goods sold at retail on the premises. Outdoor storage areas shall be limited to five feet in height and shall not be located in any required landscape area.

F. Parking and loading areas shall not be located between the building and the right-of-way.

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations (See also Section 19.15.015.1 and Miscellaneous Use, Development and Performance Standards Ch. 19.17)

Lot Area

SETBACKS

Lot Coverage

Building Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

 

19.15.015.2:

Convenience Retail

Office

Eating & Drinking Establishment

None

None

10’

0’

70%

85%

35’

C

1.5 spaces per 1,000 s.f. of net floor area. May be reduced to 1 space per 1,000 s.f. of net floor area if on-street parking is available.

Eating & Drinking Establishment: 7 spaces per 1,000 s.f. of net floor area. May be reduced to 5 spaces per 1,000 s.f. of net floor area if on-street parking is available. [Ord. 313 §1, 2000]

 

19.15.015.3

Family Day Care Home I and II

None

See Special Regulation 1

1. Must comply with requirements of the primary use.

2. Family Day Care Home II: Must provide State certification of safe passenger loading area.

19.15.015.4:

Day Care Center

None

None

10’

0’

70%

85%

35’

B

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Day Care Center: Must provide State certification of safe passenger loading area.

19.15.015.5:

Mixed Use

Senior Citizen Assisted Dwelling Unit

Community Residential Facility

Type 1

None

10’

0’

70%

85%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Mixed use not allowed in CN zone located on Maplewild Avenue SW.

2. Shall provide retail convenience, office, or eating & drinking establishment uses on floor adjacent to public street, or if property does not abut a public street, on floor adjacent to parking lot. Eating & drinking establishment may be located on any floor.

3. Maximum residential density is 12 dwelling units per acre.

4. Senior citizen assisted dwelling unit or community residential facility only allowed as part of a mixed use project.

19.15.015.6

Public Park and Recreation Facilities

None. See Spec. Reg. 3 [Ord. 560 § 1 (Exh. A), 2012]

None.

10’ See Spec. Reg. 2

0’ See Spec. Reg. 2

60%

85%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Lighting for structures and fields shall be directed away from dwelling units.

2. Structures shall maintain a 50-foot setback from adjoining lots containing single detached dwelling units. The Director may allow structures such as playground equipment, ball field backstops and tennis court fences closer than 50’ if compatible with the surrounding neighborhood and traffic safety considerations.

3. No special review process if project design is approved by the City Council through a public review process that includes posting a notice board at the site and notification to neighbors; otherwise a Type 2 review process is required. [Ord. 560 § 1 (Exh. A), 2012]

19.15.015.7:

Community, Cultural, Religious or Government Facility [Ord. 479 § 1, 2007]

Type 2

[Ord. 560 § 1 (Exh. A), 2012]

None

10’

0’

60%

85%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.015.8:

Public Utility

Type 2

[Ord. 560 § 1 (Exh. A), 2012]

None

30’

30’

60%

85%

35’

D

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

19.15.015.9:

Personal Wireless Service Facility(1)

See Chapter 19.50

 

19.15.015.10

Community Garden(2)

None

None

10’

0’

15%

25%

12’

A

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. A land use agreement approved by the Director shall be executed between the landowner and those who are interested in gardening on private land. The agreement shall include Community Garden Rules to maintain the property safely and prevent disturbances to neighboring property owners and residents.

19.15.015.11

Marijuana retailers(3)

Type 1

None

10’

0’

70%

85%

35’

C

See Sec. 19.20.030.2

1. The facility shall be designed, located, constructed and buffered to blend in with its surroundings and mitigate significant adverse impacts on adjoining properties and the community. Special attention shall be given minimizing odor, noise, light, glare and traffic impacts.

2. Must comply with all requirements of State law and Washington State Liquor Control Board’s regulations.

3. Marijuana retailers shall not locate in the Single-Family Residential (RS), Multi-Family Residential (RM), Professional Residential (PR), Office (O) or Ruth Dykeman Children’s Center zones.

4. Marijuana retailers shall not locate in a building in which any non-conforming retail uses have been established in any residential or office zone.

5. Marijuana retailers shall not operate as an accessory to a primary use or as a home occupation.

6. Marijuana retailers shall not locate within 1,000 feet as measured by the shortest straight line distance from the property line of the licensed premises to the property line of an elementary or secondary school, playground, recreational center or facility, child care center, public park, public transit center, library or arcade where admission is not restricted to those age 21 and older.

(1) Amended, Ord. 265, 1999

(2) Added, Ord. 560, 2012

(3) Added, Ord. 599, 2014

Note: All landscape categories added by Ord. 293, 2000

 

 

19.15.020 INTERSECTION COMMERCIAL ZONE

PURPOSE AND INTENT: The Intersection Commercial (IC) zone implements the Intersection Commercial Comprehensive Plan designation. The purpose of this zone is to establish areas (in otherwise residential areas) for low to moderate intensity convenience commercial uses to serve customers travelling to and from their nearby homes. The intent is to provide a diverse mix of uses which serve multiple residential areas, designed to encourage pedestrian and transit access, be compatible with adjacent residential neighborhoods, and be consistent with road and utility capacity.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN THE CI ZONE, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE INTERSECTION COMMERCIAL ZONE. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.020.1

SPECIAL REGULATIONS:

A. Primary vehicular access shall be from an arterial street.

B. The property owner shall record access easements and shared parking agreements between the site and abutting CI-zoned properties. This regulation applies whenever there is a change in tenant or a substantial improvement on a lot. This regulation may be waived or modified through a Type 1 review, if complying with the requirement is infeasible or an alternative solution would better meet the goals of providing shared access and parking.

C. Repealed, Ord. 529, 2009

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations (See also Section 19.15.020.1 and Chapter 19.17, Miscellaneous Use, Development and Performance Standards)

Lot Area

SETBACKS

Lot Coverage

Building Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

 

19.15.020.2

Convenience Retail

Office

Eating and Drinking Establishment

Convenience Auto Service

See Spec. Reg. 1

None

10’

0’

70%

85%

35’

C

3 spaces per 1,000 s.f. of net floor area

Eating and Drinking Establishment-13 spaces per 1,000 s.f. of dining or lounge area. [Ord. 313 § 1, 2000]

1. Maximum gross floor area per building is 5,000 s.f. Up to 10,000 s.f. may be approved through a Type 1 review process. Greater than 10,000 s.f may be approved through a Type 2 review process.

2. The following are not permitted: auto sales, pawn shop and veterinarian.

3. Outdoor use and storage is limited to accessory display and/or storage of goods sold at retail on the premises. Outdoor use and storage areas shall be limited to five feet in height and shall not be located in any required landscape area.

4. Auto service activities shall occur inside a building.

19.15.020.3

Family Day Care Home I and II

None

See Special Regulation 1

1. Must comply with requirements of the primary use.

2. Family Day Care Home II: Must provide State certification of safe passenger loading area.

19.15.020.4

Day Care Center

None

None

10’

0’

70%

85%

35’

B

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Must provide State certification of safe passenger loading area.

19.15.020.5

Mixed Use

Senior Citizen Assisted Dwelling Unit

Community Residential Facility

None

None

10’

0’

70%

85%

45’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Shall provide convenience retail, office or eating and drinking establishment uses on the floor adjacent to a street, or if the site does not abut a street, on floor adjacent to parking lot. Eating and drinking establishment is permitted on any floor.

2. Maximum residential density shall not exceed the highest density allowed by the zoning of an abutting residentially zoned lot. If more than one residentially zoned lot abuts the subject lot, the highest residential zoning density may be used to calculate the maximum residential density. In cases where there is no residentially zoned lot abutting the subject lot, the maximum allowed residential density shall be established by the zoning of the closest residentially zoned lot. [Ord. 484 § 1, 2008]

3. The following are not permitted: auto repair shop, auto sales, convenience auto service, drive-through facilities, pawn shop, or veterinarian.

4. Outdoor use and storage is limited to accessory display and/or storage of goods sold at retail on the premises. Outdoor use and storage areas shall be limited to five feet in height and shall not be located in any required landscape area.

5. Senior citizen assisted dwelling unit or community residential facility only allowed as part of a mixed use project.

6. At least 25% of the gross floor area must be designed and used for retail, office or eating and drinking establishment uses. [Ord. 560 § 1 (Exh. A), 2012]

19.15.020.6

Public Park and Recreation Facilities

None. See Spec. Reg. 3 [Ord. 560 § 1 (Exh. A), 2012]

None.

10’ See Spec. Reg. 2

0’ See Spec. Reg. 2

60%

85%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Lighting for structures and fields shall be directed away from residential areas.

2. Structures shall maintain a 50-foot setback from adjoining lots zoned RS. The Director may allow structures such as playground equipment, ball field backstops and tennis court fences closer than 50’ if compatible with the surrounding neighborhood and traffic safety considerations.

3. No special review process if project design is approved by the City Council through a public review process that includes posting a notice board at the site and notification to neighbors; otherwise a Type 2 review process is required. [Ord. 560 § 1 (Exh. A), 2012]

19.15.020.7

Community, Cultural, Religious or Government Facility [Ord. 479 § 1, 2007]

Type 2

[Ord. 560 § 1 (Exh. A), 2012]

None

10’

0’

60%

85%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.020.8

Public Utility

Type 2

[Ord. 560 § 1 (Exh. A), 2012]

None

30’

30’

60%

85%

35’

D

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

19.15.020.9

Personal Wireless Service Facility(1)

See Chapter 19.50

 

19.15.020.10

Community Garden(2)

None

None

10’

0’

15%

25%

12’

A

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. A land use agreement approved by the Director shall be executed between the landowner and those who are interested in gardening on private land. The agreement shall include Community Garden Rules to maintain the property safely and prevent disturbances to neighboring property owners and residents.

19.15.020.11

Marijuana Retailers(3)

Type 1

None

10’

0’

70%

85%

35’

C

See Sec. 19.20.030.2

1. The facility shall be designed, located, constructed and buffered to blend in with its surroundings and mitigate significant adverse impacts on adjoining properties and the community. Special attention shall be given to minimizing odor, noise, light, glare and traffic impacts.

2. Must comply with all requirements of State law and Washington State Liquor Control Board’s regulations.

3. Marijuana retailers shall not locate in the Single-Family Residential (RS), Multi-Family Residential (RM), Professional Residential (PR), Office (O) or Ruth Dykeman Children’s Center zones.

4. Marijuana retailers shall not locate in a building in which any non-conforming retail uses have been established in any residential or office zone.

5. Marijuana retailers shall not operate as an accessory to a primary use or as a home occupation.

6. Marijuana retailers shall not locate within 1,000 feet as measured by the shortest straight line distance from the property line of the licensed premises to the property line of an elementary or secondary school, playground, recreational center or facility, child care center, public park, public transit center, library or arcade where admission is not restricted to those age 21 and older.

(1) Amended, Ord. 265, 1999

(2) Added, Ord. 560, 2012

(3) Added, Ord. 599, 2014

Note: All landscape categories added by Ord. 293, 2000

 

 

19.15.025 DOWNTOWN COMMERCIAL ZONE

PURPOSE AND INTENT: The Downtown Commercial (DC) zone implements the Downtown Commercial Comprehensive Plan designation. The purpose of the DC zone is to foster a vibrant, compact, pedestrian oriented area by allowing high density residential development in combination with office, retail and commercial uses, government activities, and restaurants, entertainment and cultural uses. Mixed use developments are encouraged, including well-designed townhouses and condominiums, providing a convenient living environment and making downtown a community focal point and center, as well as a lively place in the evening and on the weekends. Residential densities re limited only by physical constraints such as height, bulk, parking and infrastructure capacities. Moderate to high rise buildings, pedestrian amenities and facilities that help define downtown Burien’s distinctive qualities are encouraged.

The community’s vision for downtown is an attractive, clean, safe and vibrant place that is welcoming to people of all ages. A friendly place where you can walk between the good mix of shops. Downtown will have a special look, created by a cohesive physical theme and design guidelines that emphasize quality, permanence, individuality and uniqueness within the overall urban fabric. Overall, downtown Burien will be a destination-the comfortable and welcoming, fun and lively heart of a great small town.

To help achieve these goals, desired uses and public amenities are achieved through a public benefit incentive program. This program allows increased building height and bulk in exchange for the provision of streetscape improvements, design elements, civic contributions and provision of land uses that are highly desired by the community.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN THE DC ZONE, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE DOWNTOWN COMMERCIAL ZONE. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.025.1

SPECIAL REGULATIONS:

A. Outdoor use and storage is limited to accessory storage of goods sold at retail on the premises. All outdoor storage must be located to the side or the rear of buildings, and may not exceed 200 square feet in size.

B. Distribution, wholesaling, or manufacturing that support the primary use are allowed as an accessory use. [Ord. 484 § 1, 2008]

C. Drive-through facilities are prohibited adjacent to Class A Pedestrian-Oriented Streets. This prohibition does not apply to drive-through banks.

D. Temporary seasonal uses (such as Christmas tree lots or farmers markets) and community festivals may be approved by the City Manager or his/her designee.

E. All utilities on-site shall be located underground. Undergrounding of utilities in public rights-of-way or alleys is encouraged through the Public Benefit Incentive System (BMC 19.15.025.1.J).

F. MAXIMUM BUILDING HEIGHT: Maximum building heights in the DC zone shown on Figure 19.15.025-1. The first number listed is the base building height. The second number listed is the maximum allowable building height that can only be achieved by using the Public Benefit Incentive System in Section 19.15.025.1.J below. In the 5-8 story height area, the City Council may increase the height limit on a case-by-case basis to 12 stories through a Type 3 review. The maximum allowable building height may be increased by no more than 10 percent or 15 feet, whichever is greater, if the applicant demonstrates that the increase in necessary for reasonable development of the building and will be used to provide interesting roof forms such as pitched or sloped elements, pyramidal, spire or dome shapes, cupolas, or other such decorative architectural features.

G. MAXIMUM GROSS FLOOR AREA: The maximum gross floor area allowed on a site is determined by multiplying the lot area of the site (prior to any required right-of-way dedication) by the first number in the floor area ratio (FAR). The base FAR is 3.5:1. Using the Public Benefit Incentive System in Section 19.15.025.1.J below, the maximum gross floor area allowed on a site can be increased up to an FAR of 7:1. For the purposes of this section, gross floor area does not include any area designed and used for parking.

H. DESIGN GUIDELINES: See BMC 19.47 for downtown design standards and BMC 19.65.105 for information on the Administrative Design Review process.

I. On-site pedestrian pathways and amenities and pedestrian-oriented space do not count toward the maximum allowable impervious surface coverage.

J. PUBLIC BENEFIT INCENTIVE SYSTEM: A building may exceed the gross floor area and/or building height limits as allowed in Sections 19.15.025.1.F and G above, only if the requirements of this section are met.

i. After a project uses the maximum area of public benefit feature eligible for bonus, additional bonus floor area for that public benefit will not be awarded.

ii. The applicant shall dedicate right-of-way to the City (if additional right-of-way is needed, based on an adopted City street or right-of-way plan) in order to participate in the Public Benefit Incentive System. Dedication of right-of-way is eligible for bonus floor area as described in Table 19.15.025.1.

The Director may approve any public benefit feature not listed in Table 19.15.025.1 if a public benefit will be derived from development of the proposed public benefit feature in the proposed location.

 

Table 19.15.025.1

PUBLIC BENEFIT FEATURE

BONUS GROSS FLOOR AREA PER UNIT OF PUBLIC BENEFIT FEATURE

MAXIMUM BONUS GROSS FLOOR AREA ALLOWED PER PUBLIC BENEFIT FEATURE

1. Streetscape

1 sq.ft. of right-of-way dedication

5 square feet

No limit

1 linear foot to underground utilities within public right-of-way or alley

5 square feet

No limit

2. Design Elements

1 sq.ft. of underground parking

5 square feet

No limit

1 sq. ft. of well-designed above-ground parking structure

2.5 square foot

No limit

1 sq.ft. of shared parking (for other sites)

0.5 square feet

No limit

Unique Architectural Design1

10% of site area

10% of site area

1 sq.ft. of Rooftop Garden

2 square feet

No limit

1 sq. ft. of rooftop beautification

2 square feet

No limit

3. Civic Contributions

1 sq.ft. of public parking area

0.5 square feet

15,000 square feet

1 sq. ft. of public meeting/conference facilities

1 square foot

No limit

Each $1,000 spent on public art

100 square feet

No limit

4. Uses

1 sq.ft. restaurant (not fast-food or take-out)

1 square foot

No limit

1 sq.ft. rooftop or top floor restaurant (not fast-food or take-out)

4 square feet

No limit

1 sq.ft. market rate or higher dwelling unit

2 square feet

No limit

1 sq.ft. condominium dwelling unit4

2 square feet

No limit

1 sq.ft. of day-care facilities

6 square feet

2,000 square feet

1 sq.ft. of public restroom

4 square feet

1,000 square feet

1 sq.ft. of public open space

4 square feet

No limit

1 sq. ft. of retail use on ground floor

2 square feet

No limit

1 sq.ft. of theater or performing arts venue

5 square feet

No limit

Transfer of development rights

To be determined

To be determined

1 Director determination.

2 Areas devoted to service cores and community facilities may be used to obtain bonus floor area. No area devoted to parking or circulation may be used for this purpose.

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations (See also Section 19.15.030.1 and Miscellaneous Use, Development and Performance Standards Ch. 19.17)

Lot Area

SETBACKS

Lot Coverage

Building Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

 

19.15.025.2

Mixed Use

None

None

0’

0’

85%

95%

See Sec. 19.15.025.1.F

E

See Sec. 19.20.040.3.B [Ord. 531 § 1, 2010]

1. Must have at least two uses listed in Sec. 19.15.025.

2. At least 75% of the gross floor area located at street level must be devoted to non-residential uses.

3. The following are not permitted: motor vehicle sales and rental; boat sales and rental; recycling center; pawn shops and self-service storage facility.

19.15.025.3

Retail

None

None

0’

0’

85%

95%

See Sec. 19.15.025.1.F

E

See Sec. 19.20.040.3.B [Ord. 531 § 1, 2010]

1. The following are not permitted: motor vehicle sales and rental; boat sales and rental; recycling center; pawn shops and self-service storage facility.

2. Repair uses are permitted subject to the following conditions:

a) All activities shall be conducted indoors; and

b) Patrons wishing services must be able to carry item(s) in by hand (examples include watch, shoe, jewelry and small hand tool repair); and

c) The Director has the final determination on what constitutes small-scale repair uses consistent with the purpose and intent of the zone and all applicable comprehensive plan policies. [Ord. 484 § 1, 2008]

19.15.025.4

Dwelling Units

None

None

0’

0’

85%

95%

See Sec. 19.15.025.1.F

E

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Not permitted at street level abutting a Class A Pedestrian-Oriented Street.

2. All resident parking must be in structured parking (such as garages or under-building or underground parking). Carports are not considered structured parking.

3. Exterior hallways and corridors are not allowed.

19.15.025.5

Community Facility

Cultural Facility

Eating and Drinking Establishment

Government Facility

Lodging Facility

Office

Private Club

Public Park and Recreation Facilities

Recreational Facility

School

Theater

None

None

0’

0’

85%

95%

See Sec. 19.15.025.1.F

E

See Sec. 19.20.040.3.B [Ord. 531 § 1, 2010]

1. Auto rental is permitted as an accessory use to a lodging facility. The maximum number of cars allowed is the lesser of 30 cars or 5% of the total number of parking spaces on the site. The rental desk must be inside the lodging facility building.

2. Repair uses are permitted subject to the following conditions:

a) All activities shall be conducted indoors; and

b) Patrons wishing services must be able to carry item(s) in by hand (examples include watch, shoe, jewelry and small hand tool repair); and

c) The Director has the final determination on what constitutes small-scale repair uses consistent with the purpose and intent of the zone and all applicable comprehensive plan policies. [Ord. 484 § 1, 2008]

19.15.025.6

Family Day Care Home I and II

None

See Special Regulation 1

1. Must comply with requirements of the primary use.

2. Family Day Care Home II: Must provide State certification of safe passenger loading area.

3. Use of the Fee-In-Lieu of Parking Program in BMC 19.20.040.3.B is an option for this use.

19.15.025.7

Day Care Center

None

None

0’

0’

85%

95%

See Sec. 19.15.025.1.F

E

See Sec. 19.20.040.3.B [Ord. 531 § 1, 2010]

1. Must provide State certification of safe passenger loading area.

19.15.025.8

Religious Facility [Ord. 479 § 1, 2007]

None

None.

0’

0’

85%

95%

See Sec. 19.15.025.1.F

E

See Sec. 19.20.040.3.B [Ord. 531 § 1, 2010]

 

19.15.025.9

Public Utility

Type 1

None

0’

0’

85%

95%

35 feet

E

See Sec. 19.20.040.3.B [Ord. 531 § 1, 2010]

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

19.15.025.10

Essential Public Facility

Type 2

[Ord. 560 § 1 (Exh. A), 2012]

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

2. Shall comply with criteria for siting found in the Burien Comprehensive Plan.

19.15.025.11

Personal Wireless Service Facility

See Chapter 19.50

 

19.15.025.12

Community Garden(1)

None

None

0’

0’

15%

25%

12’

A

See Sec. 19.20.040.3.B

[Ord. 531 § 1, 2010]

1. A land use agreement approved by the Director shall be executed between the landowner and those who are interested in gardening on private land. The agreement shall include Community Garden Rules to maintain the property safely and prevent disturbances to neighboring property owners and residents.

19.15.025.13

Marijuana Retailers(2)

Type 1

None

0’

0’

85%

95%

See Sec. 19.15.025.1.F

E

See Sec. 19.20.040.3.B

1. The facility shall be designed, located, constructed and buffered to blend in with its surroundings and mitigate significant adverse impacts on adjoining properties and the community. Special attention shall be given to minimizing odor, noise, light, glare and traffic impacts.

2. Must comply with all requirements of State law and Washington State Liquor Control Board’s regulations.

3. Marijuana retailers shall not locate in the Single-Family Residential (RS), Multi-Family Residential (RM), Professional Residential (PR), Office (O) or Ruth Dykeman Children’s Center zones.

4. Marijuana retailers shall not locate in a building in which any non-conforming retail uses have been established in any residential or office zone.

5. Marijuana retailers shall not operate as an accessory to a primary use or as a home occupation.

6. Marijuana retailers shall not locate within 1,000 feet as measured by the shortest straight line distance from the property line of the licensed premises to the property line of an elementary or secondary school, playground, recreational center or facility, child care center, public park, public transit center, library or arcade where admission is not restricted to those age 21 and older.

(1) Added, Ord. 560, 2012

(2) Added, Ord. 599, 2014

Note: All landscape categories added by Ord. 293, 2000

 

 

19.15.030 PROFESSIONAL RESIDENTIAL ZONE

PURPOSE AND INTENT: The Professional Residential zone implements the Professional Residential Comprehensive Plan designation within the Northeast Redevelopment Area. The purpose and intent of this zone is to provide land use flexibility by allowing both single-family homes and small businesses in an area near but not directly under SeaTac International Airport’s third runway.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN THE PR ZONE, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE PR ZONE. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.030.1

SPECIAL REGULATIONS:

A. GENERAL.

i. Hours of trash pickup should be restricted to reduce potential disturbance from noise.

ii. New and conversion of existing residential structures shall be architecturally consistent with the surrounding character of the neighborhood and include similarities in materials, color, roof pitch and detailing. The intent of this provision is for businesses to look like residential structures.

B. TRANSPORTATION MITIGATION. In addition to providing street improvements on adjacent streets pursuant to BMC 12.05, the City may require off-site improvements necessary to mitigate transportation impacts of the proposal as part of the Final Supplemental Environmental Impact Statement for the Northeast Redevelopment Area dated November 23, 2009, SEPA planned action or other SEPA review under BMC Title 14. Transportation impact fees may also apply pursuant to BMC 19.35.

C. CONVERSION OF RESIDENTIAL STRUCTURES TO NON-RESIDENTIAL USES. In order to facilitate and encourage non-residential uses to reuse existing residential structures, the Director may modify landscaping and parking design requirements. The intent of this provision is to maintain the residential character of properties, reduce the amount of new paving and storm runoff, and provide landscaping and screening where it is most beneficial to buffer adjacent residential uses.

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations (See also Section 19.15.030.1 and Miscellaneous Use, Development and Performance Standards Ch. 19.17)

Lot Area

SETBACKS

Lot Coverage

Building Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

19.15.030.1

Single Detached Dwelling Unit

None

7,200 s.f.

20’

5’

35%

70%

35’

A

2 spaces per unit

1. One single detached dwelling unit may be built on a lot that has less than the stated minimum lot area.

2. No lot shall be created less than the minimum lot area except through the application of lot averaging. Lot averaging is permitted through a short plat, subdivision or lot line adjustment. However, no lot shall be created with an area less than 90 percent of the stated minimum lot area.

3. Chapter 19.17 contains regulations regarding home occupations, and other accessory uses, facilities and activities associated with this use.

19.15.030.2

Professional Office

None

7,200 s.f.

20’

10’

70%

85%

35’

C

See Sec. 19.20.030.2

 

19.15.030.3

Art Studio

None

7,200 s.f.

20’

10’

70%

85%

35’

C

See Sec. 19.20.030.2

1. May include artists’ lofts at a maximum density of one dwelling unit per 7,200 s.f. of lot area.

19.15.030.4

Convenience Retail

Eating and Drinking Establishments

None

7,200 s.f.

20’

10’

70%

85%

35’

C

See Sec. 19.20.030.2

1. Convenience auto service uses are not permitted.

2. Outdoor activities related to eating and drinking establishments are only permitted between the hours of 7:00AM and 9:00PM.

3. Outdoor retail sales or storage are not permitted.

19.15.030.5

Day Care Center

None

None

20’

10’

70%

85%

35’

B

See Sec. 19.20.030.2

1. Day Care Center: Must provide State certification of safe passenger loading area.

19.15.030.6

Family Day Care Home I and II

None

See Special Regulation 1

1. Must comply with requirements of the primary use.

2. Must provide State certification of safe passenger loading area.

19.15.030.7

Public Park and Recreation Facilities

None

None.

20’

10’

70%

85%

35’

A

See Sec. 19.20.030.2

1. Lighting for structures and fields shall be directed away from dwelling units.

19.15.030.8

Religious Facility

Type 2

7,200 s.f.

20’

10’

70%

85%

35’

C

See Sec. 19.20.030.2

1. Accessory use shall comply with the requirements for that use listed in this use zone chart (BMC 19.15.030).

19.15.030.9

Community Residential Facility

Type 2

7,200 s.f.

20’

10’

70%

85%

35’

B

1 space for every 2 bedrooms

 

19.15.030.10

School

Type 2

7,200 s.f.

20’

10’

70%

85%

35’

C

See Sec. 19.20.030.2

 

19.15.030.11

Senior Citizen Assisted Dwelling Unit

Type 2

7,200 s.f.

20’

10’

70%

85%

35’

B

0.5 spaces per unit

1. Minimum lot area per dwelling unit is 7,200 s.f.

2. Conversion to another use is allowed, provided that all requirements for the new use are met, including density limitations.

19.15.030.12

Essential Public Facility

Type 2

Development standards shall be determined on a case-by-case basis through the Type 2 review process.

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

2. Shall comply with criteria for siting found in the Burien Comprehensive Plan.

19.15.030.13

Community, Cultural or Government Facility

Type 2

None

20’

10’

70%

85%

35’

C

See Sec. 19.20.030.2

 

19.15.030.14

Public Utility

Type 2

None

30’

30’

35%

70%

20’ See Spec. Reg. 1

D

See Sec. 19.20.030.2

1. The Hearing Examiner may approve height no greater than 35 feet if the applicant shows that no feasible alternative is available.

2. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

19.15.030.15

Personal Wireless Service Facility

See Chapter 19.50

19.15.030.16

Community Garden(1)

None

None

20’

5’

15%

25%

12’

A

See Sec. 19.20.030.2

1. A land use agreement approved by the Director shall be executed between the landowner and those who are interested in gardening on private land. The agreement shall include Community Garden Rules to maintain the property safely and prevent disturbances to neighboring property owners and residents.

(1) Added, Ord. 560, 2012

 

19.15.035 COMMUNITY COMMERCIAL ZONES

PURPOSE AND INTENT: The Community Commercial (CC) zones implement the Community Commercial Comprehensive Plan designation. To recognize the differences in surrounding neighborhood character and intensity between the designated Community Commercial areas, two CC zones have been established: CC-1 and CC-2. The purpose of these zones is to establish areas for moderate intensity commercial uses that serve the community. The intent is to provide for a variety of goods and services in areas which are designed to encourage pedestrian and transit access, be compatible with adjacent residential neighborhoods, and be consistent with road and utility capacity. The CC-1 zone allows for lower-intensity uses in the Community Commercial-designated areas that are near downtown Burien and along 1st Avenue So. near S. 176th St., that could be compatible with the adjacent single-family and low density multi-family areas. The CC-2 zone allows for higher-intensity uses in the Community Commercial-designated area at Five Corners that could be compatible with the adjacent regional commercial, office, high density multi-family, and single-family areas.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN THE CC ZONE, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE COMMUNITY COMMERCIAL ZONE. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.035.1

SPECIAL REGULATIONS:

A. Outdoor storage is limited to accessory storage of goods sold at retail on the premises. Outdoor storage areas shall be limited to five feet in height and shall not be located in any required landscape area.

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations (See also Section 19.15.035.1 and Miscellaneous Use, Development and Performance Standards Ch. 19.17)

Lot Area

SETBACKS

Lot Coverage

Building Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

 

19.15.035.2

Retail

Office

Recreational Facility

None

None

10’

0’

80%

85%

35’

C

3 spaces per 1,000 s.f. of net floor area. [Ord. 313 §1, 2000]

1. The following are not permitted: motor vehicle sales and rental; boat sales and rental; theater; recycling center; and self-service storage facility.

2. Vehicle repair activities must occur inside a building. [Ord. 560 § 1 (Exh. A), 2012]

3. For retail use in the CC-1 zone, maximum gross floor area per building is 25,000 s.f. Up to 30,000 s.f. may be approved through a Type 1 review process.

4. A kennel is allowed as an indoor accessory use to a veterinarian, provided that noise and odor impacts are adequately mitigated.

5. Distribution, wholesaling, repair or manufacturing that support the primary use are allowed as an accessory use.

6. An amusement arcade is allowed as an accessory use.

7. Development of retail use on parcel numbers 302304-9037, 302304-9089, 302304-9117, 302304-9271 and 302304-9376 (located east of Sylvester Middle School) must be part of a master site plan that includes property to the east of these lots. The master site plan shall include at least the following elements: coordinated access, site and building design, and signing. Through a Type 1 review the Director may approve a master site plan involving two or more parcels that does not include property to the east of these parcels, if the elements above are included in the plan.

19.15.035.3

Eating and Drinking Establishment

None

None

10’

0’

80%

85%

35’

C

13 spaces per 1,000 s.f. of dining or lounge area

1. Distribution, wholesaling or manufacturing that support the primary use are allowed as an accessory use.

2. An amusement arcade is allowed as an accessory use.

19.15.035.4

Lodging Facility

Cultural Facility

Community Facility School

None

None

10’

0’

80%

85%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.035.5

Family Day Care Home I and II

None

See Special Regulation 1

1. Must comply with requirements of the primary use.

2. Family Day Care Home II: Must provide State certification of safe passenger loading area.

19.15.035.6

Day Care Center

None

None

10’

0’

80%

85%

35’

B

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Must provide State certification of safe passenger loading area.

19.15.035.7

Mixed Use

Senior Citizen Assisted Dwelling Unit

Community Residential Facility

None

None

10’

0’

80%

85%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Maximum residential density in the CC-1 zone is: 18 dwelling units per acre in the CC-1 areas north of SW 152nd St. and around So. 176th St; and, 24 dwelling units per acre in the area south of SW 153rd St.

2. Maximum residential density in the CC-2 zone is 24 dwelling units per acre.

3. Shall provide retail, office or eating and drinking establishment uses on the floor adjacent to a street, or if the site does not abut a street, on floor adjacent to parking lot. Eating and drinking establishment is permitted on any floor.

4. At least 25% of the gross floor area must be designed and used for retail, office or eating and drinking establishment uses.

5. Senior citizen assisted dwelling unit or community residential facility only allowed as part of a mixed use project.

19.15.035.8

Public Park and Recreation Facilities

None

None.

10’

0’

80%

85%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Lighting for structures and fields shall be directed away from residential areas.

19.15.035.9

Nursing Home

None

None

10’

0’

80%

85%

35’

B

1 space for every 4 beds

 

19.15.035.10

Government Facility

Private Club

Religious Facility

Funeral Home

Type 1

None

10’

0’

80%

85%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.035.11

Public Utility

Type 1

None

30’

30’

80%

85%

35’

D

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

19.15.035.12

Essential Public Facility

Type 2

[Ord. 560 § 1 (Exh. A), 2012]

Development standards shall be determined on a case-by-case basis through the Type 2 review process.

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

2. Shall comply with criteria for siting found in the Burien Comprehensive Plan.

19.15.035.13

Personal Wireless Service Facility(1)

See Chapter 19.50

 

19.15.035.14

Uses permitted in King County Code (KCC) 21A.38.100 Special Overlay District – Commercial/Industrial, In Effect on 4/1/2010 with exception of Adult Entertainment [Ord. 533 § 1, 2010]

None

None

10’

0’

80%

85%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Uses are only permitted in the CC-2 zoned area located on both sides of 16th Avenue SW between SW 112th Street and SW 116th Street.

19.15.035.15

Community Garden(2)

None

None

10’

0’

15%

25%

12’

A

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. A land use agreement approved by the Director shall be executed between the landowner and those who are interested in gardening on private land. The agreement shall include Community Garden Rules to maintain the property safely and prevent disturbances to neighboring property owners and residents.

19.15.035.16

Marijuana Retailers(3)

Type 1

None

10’

0’

80%

85%

35’

C

See Sec. 19.20.030.2

1. The facility shall be designed, located, constructed and buffered to blend in with its surroundings and mitigate significant adverse impacts on adjoining properties and the community. Special attention shall be given to minimizing odor, noise, light, glare and traffic impacts.

2. Must comply with all requirements of State law and Washington State Liquor Control Board’s regulations.

3. Marijuana retailers shall not locate in the Single-Family Residential (RS), Multi-Family Residential (RM), Professional Residential (PR), Office (O) or Ruth Dykeman Children’s Center zones.

4. Marijuana retailers shall not locate in a building in which any non-conforming retail uses have been established in any residential or office zone.

5. Marijuana retailers shall not operate as an accessory to a primary use or as a home occupation.

6. Marijuana retailers shall not locate within 1,000 feet as measured by the shortest straight line distance from the property line of the licensed premises to the property line of an elementary or secondary school, playground, recreational center or facility, child care center, public park, public transit center, library or arcade where admission is not restricted to those age 21 and older.

(1) Amended, Ord. 265, 1999

(2) Added, Ord. 560, 2012

(3) Added, Ord. 599, 2014

Note: All landscape categories added by Ord. 293, 2000

 

19.15.040 REGIONAL COMMERCIAL ZONE

PURPOSE AND INTENT: The Regional Commercial (CR) zone implements the Regional Commercial Comprehensive Plan designation. The purpose of this zone is to establish areas for commercial uses that serve the community, the region and the travelling public. The intent is to provide for larger scaled commercial uses that are typically land intensive and are not well-suited to being located downtown, which are designed to encourage pedestrian and transit access, be compatible with adjacent residential neighborhoods, and be consistent with road and utility capacity.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN THE CR ZONE, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE REGIONAL COMMERCIAL ZONE. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.040.1

SPECIAL REGULATIONS:

A. SETBACKS

i. The required front setback shall be landscaped with Type III landscaping as described in Chapter 19.25. The depth of the landscaped area shall be increased 2 feet for each 10 feet (or portion thereof) building is setback greater than 10 feet. The Director may allow or require installation of pedestrian-oriented features or amenities in the setback. [Ord. 313 §1, 2000]

ii. Parking and vehicular circulation areas are not allowed in the required front setback. One driveway or parking entrance per site is allowed in the front setback. For a site with a street frontage of 240 feet or less, the maximum width for a driveway or parking entrance within the front setback is 24 feet. For a site with a street frontage exceeding 240 feet, the maximum width for a driveway or parking entrance within the front setback is 30 feet. The Director may modify these requirements if additional landscaping area that exceeds the requirements of this Code is provided on or off-site.

iii. Outdoor use, activity or storage is not allowed in any required setback or required landscape area. The Director may approve use of a setback or landscaped area for vehicle display and sales, provided that such use will not create a public safety hazard and the remaining landscape areas are either expanded in area or planted with more vegetation.

B. PARKING

i. Parking lots shall not be located between the street and the building(s) on the site. The Director may waive or modify this requirement through a Type 1 review if no other feasible alternative exists, or if the proposed site plan provides adequate screening of the majority of the parking area from the street.

ii. The maximum width of a parking lot within 20 feet of a street shall not exceed the lesser of 63 feet or 75% of the frontage of the site.

C. BUILDING DESIGN

i. Each building wall or portion of a wall that is closer than 50 feet to any property line of the site must be screened or treated in at least one of the ways listed in Section 19.15.040.1.C.ii below if it meets either of the following criteria:

a. The wall or portion of the wall has a surface area of at least 400 square feet and has a length and a width of at least 10 feet without a window, door, facade modulation at least 4 feet in depth or other architectural feature; or,

b. The wall or portion of the wall is between 4 feet and 13 feet above finished grade level directly adjacent to the wall and has a horizontal dimension longer than 15 feet without a window, door, facade modulation at least 4 feet in depth or other architectural feature.

ii. At least one of the following techniques must be used to treat or screen building walls or portions of walls that meet either of the criteria in Section 19.15.040.1.C.i:

a. Installation of a vertical trellis with climbing vines or plant material in front of the wall. The trellis and its mounting system shall be of sufficient strength to support mature vegetation.

b. Providing a landscaped planting bed at least 5 feet wide or a raised planter bed at least 2 feet high and 3 feet wide in front of the wall and planted with materials that will obscure or screen at least 50% of the wall within 2 years. The planting bed is in addition to any landscaping required by other sections of this Code.

c. Use of alternative techniques to screen the wall, as approved through a Type 1 review process.

iii. The first floor walls of a building which are within 50 feet of and face toward a street shall include at least one public entrance to the building or window to provide visual access to the activity within the building, for each 50 feet of wall length. Alternative techniques to provide visual access to the activity within the building may be used, if approved through a Type 1 review process.

D. The following special regulations apply to property along the west side of Occidental Ave. So. between So. 136th St. and So. 138th St.:

i. Non-residential uses shall not use Occidental Av. So. for primary access.

ii. Type 1 landscaping shall be provided within the unused portion of the west half of the Occidental Av. So. right-of-way.

iii. Lighting shall be directed away from the adjacent residential zone.

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations (See also Section 19.15.040.1 and Miscellaneous Use, Development and Performance Standards Ch. 19.17)

Lot Area

SETBACKS

Lot Coverage

Building Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

 

19.15.040.2

Retail

Office

Recreational Facility

Theatre

Kennel

None

None

10’

0’

85%

90%

35’

C

 

 

 

-----------

D

3 spaces per 1,000 s.f. of net floor area. [Ord. 313 §1, 2000]

1. The following are not permitted: recycling center; and self-service storage facility.

2. Distribution, wholesaling, or manufacturing that support the primary use are allowed as an accessory use.

3. An amusement arcade is allowed as an accessory use.

19.15.040.3

Eating and Drinking Establishment

None

None

10’

0’

85%

90%

35’

C

13 spaces per 1,000 s.f. of dining or lounge area

1. Distribution, wholesaling or manufacturing that support the primary use are allowed as an accessory use.

2. An amusement arcade is allowed as an accessory use.

19.15.040.4

Lodging Facility

None

None

10’

0’

85%

90%

45’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.040.5

Community Facility

School

Day Care Center

None

None

10’

0’

85%

90%

35’

C

 

-----------

B

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Day Care Center: Must provide State certification of safe passenger loading area.

19.15.040.6

Family Day Care Home I and II

None

See Special Regulation 1

1. Must comply with requirements of the primary use.

2. Family Day Care Home II: Must provide State certification of safe passenger loading area.

19.15.040.7

Mixed Use

None

None

10’

0’

85%

90%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Maximum residential density is 24 dwelling units per acre.

2. Shall provide retail, office or eating and drinking establishment uses on the floor adjacent to a street, or if the site does not abut a street, on floor adjacent to parking lot. Eating and drinking establishment is permitted on any floor.

3. At least 25% of the gross floor area must be designed and used for retail, office or eating and drinking establishment uses.

19.15.040.8

Public Park and Recreation Facilities

None

None.

10’

0’

85%

90%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Lighting for structures and fields shall be directed away from residential areas.

19.15.040.9

Nursing Home

None

None

10’

0’

85%

90%

35’

B

1 space for every 4 beds

 

19.15.040.10

Government Facility

Private Club

Religious Facility

Funeral Home

Type 1

None

10’

0’

85%

90%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.040.11

Public Utility

Type 1

None

30’

30’

85%

90%

35’

D

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

19.15.040.12

Indoor Shooting Range

Type 2

None

30’

30’

85%

90%

35’

D

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to mitigating noise impacts and designing the facility to protect non-users outside of the building from bullets that may penetrate the outer walls and ceiling of the use.

19.15.040.13

Essential Public Facility

Type 2

[Ord. 560 § 1 (Exh. A), 2012]

Development standards shall be determined on a case-by-case basis through the Type 3 review process.

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

2. Shall comply with criteria for siting found in the Burien Comprehensive Plan.

19.15.040.14

Personal Wireless Service Facility(1)

See Chapter 19.50

 

19.15.040.15

Off-Site Commercial Parking

None. See Special Regulations 1 and 2.

None

10’

0’

85%

90%

35’

C

See Sec. 19.20.030.2

1. This use is limited to property used for new and/or used automotive sales currently or in the twelve (12) month period preceding application.

2. This use is allowed only until July 12, 2012. After this date, the use is illegal and must be removed.

19.15.040.16

Community Garden(2)

None

None

10’

0’

15%

25%

12’

A

See Sec. 19.20.030.2

1. A land use agreement approved by the Director shall be executed between the landowner and those who are interested in gardening on private land. The agreement shall include Community Garden Rules to maintain the property safely and prevent disturbances to neighboring property owners and residents.

19.15.040.17

Marijuana Retailers(3)

Type 1

None

10’

0’

85%

90%

35’

C

See Sec. 19.20.030.2

1. The facility shall be designed, located, constructed and buffered to blend in with its surroundings and mitigate significant adverse impacts on adjoining properties and the community. Special attention shall be given to minimizing odor, noise, light, glare and traffic impacts.

2. Must comply with all requirements of State law and Washington State Liquor Control Board’s regulations.

3. Marijuana retailers shall not locate in the Single-Family Residential (RS), Multi-Family Residential (RM), Professional Residential (PR), Office (O) or Ruth Dykeman Children’s Center zones.

4. Marijuana retailers shall not locate in a building in which any non-conforming retail uses have been established in any residential or office zone.

5. Marijuana retailers shall not operate as an accessory to a primary use or as a home occupation.

6. Marijuana retailers shall not locate within 1,000 feet as measured by the shortest straight line distance from the property line of the licensed premises to the property line of an elementary or secondary school, playground, recreational center or facility, child care center, public park, public transit center, library or arcade where admission is not restricted to those age 21 and older.

(1) Amended, Ord. 265, 1999

(2) Added, Ord. 560, 2012

(3) Added, Ord. 599, 2014

Note: All landscape categories added by Ord. 293, 2000

 

19.15.045 OFFICE ZONE

PURPOSE AND INTENT: The Office (O) Zone implements the Office Comprehensive Plan designation. The purpose of this zone is to establish and preserve areas for professional service related offices and mixed-use developments. The intent is to provide areas where low to moderate intensity office development and small scale support services can be concentrated, and where impacts of this use on the surrounding residential neighborhoods can be minimized.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN THE O ZONE, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE OFFICE ZONE. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.045.1

SPECIAL REGULATIONS:

A. Drive-through facilities are not permitted.

B. Outdoor storage is limited to accessory storage of goods sold at retail on the premises. Outdoor storage areas shall be limited to five feet in height and shall not be located in any required landscape area.

C. Non-residential vehicle access is prohibited from 2nd Avenue SW to and from the Office zone located north of SW 146th Street, south of the RM zone that fronts on SW 144th Street, is bordered on the west by 2nd Avenue SW and the RM zone, and is bordered on the east by the CR zone. [Ord. 559 § 3, 2012]

 

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations (See also Section 19.15.045.1 and Miscellaneous Use, Development and Performance Standards Ch. 19.17)

Lot Area

SETBACKS

Lot Coverage

Building Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

19.15.045.2:

Office

None

None

10’

0’

70%

85%

45’

C

3 spaces per 1,000 s.f. of net floor area. [Ord. 313 §1, 2000]

1. Accessory uses may be allowed as a mixed use project (see BMC 19.15.045.3). 2. Kennels are not allowed.

19.15.045.3:

Mixed Use

Senior Citizen Assisted Dwelling Unit

Community Residential Facility

None

None

10’

0’

70%

85%

45’ See Spec. Reg. 6

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. The following uses are permitted in a mixed use development: convenience retail, eating and drinking establishment, and dwelling units.

2. The following uses are prohibited: convenience auto service, auto repair, auto sales and pawn shop.

3. At least 75% of the gross floor area must be designed and used for office uses.

4. At least 75% of gross floor area of the floor adjacent to the public street, or if the property does not abut a public street, on the floor adjacent to parking lot, must be designed and used for office uses.

5. Maximum residential density is 48 dwelling units per acre in the O-zoned area around SW 160th St. and Sylvester Road, and 24 dwelling units per acre in other O-zoned areas.

6. Building height of 65’ may be allowed through a Type 1 review, if at least 25% of the required parking spaces are located within or beneath a building and are fully screened from public view.

7. Senior citizen assisted dwelling unit or community residential facility only allowed as part of a mixed use project.

19.15.045.4

Family Day Care Home I and II

None

See Special Regulation 1

1. Must comply with requirements of the primary use.

2. Family Day Care Home II: Must provide State certification of safe passenger loading area.

19.15.045.5

Day Care Center

None

None

10’

0’

70%

85%

35’

B

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Must provide State certification of safe passenger loading area.

19.15.045.6

Nursing Home

None

None

10’

0’

70%

85%

35’

B

1 space for every 4 beds

 

19.15.045.7:

Public Park and Recreation Facilities

None. See Spec. Reg. 3

[Ord. 560 § 1 (Exh. A), 2012]

None.

10’. See Spec. Reg. 2

0’ See Spec. Reg. 2

70%

85%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Lighting for structures and fields shall be directed away from residential areas.

2. Structures shall maintain a 50-foot setback from adjoining lots zoned RS. The Director may allow structures such as playground equipment, ball field backstops and tennis court fences closer than 50’ if compatible with the surrounding neighborhood and traffic safety considerations.

3. No special review process if project design is approved by the City Council through a public review process that includes posting a notice board at the site and notification to neighbors; otherwise a Type 2 review process is required. [Ord. 560 § 1 (Exh. A), 2012]

19.15.045.8:

Funeral Home

Type 1

None

10’

0’

70%

85%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.045.9:

Hospital

Type 2. See Spec. Reg. 1

[Ord. 560 § 1 (Exh. A), 2012]

None

10’ See Spec. Reg. 2 [Ord. 467 § 1, 2007]

0’ See Spec. Reg. 2 [Ord. 467 § 1, 2007]

70%

85%

45’ See Spec. Reg. 2 [Ord. 467 § 1, 2007]

B

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. If development is consistent with a Master Plan approved through a Type 2 review, no land use review process is required. [Ord. 560 § 1 (Exh. A), 2012]

2. For any hospital use on a site of 5 acres or greater with an approved Master Plan, the maximum building height shall be 95’. Any portion of a structure over 45’ in height shall be set back an additional 2’ from any site boundary for each additional 1’ in height above 45’. For the purposes of this special regulation “site boundary” is defined as the property lines defining the exterior boundary of a contiguous site. [Ord. 467 § 1, 2007]

19.15.045.10:

Community, Cultural, Religious or Government Facility

School

[Ord. 479 § 1, 2007]

Type 2

[Ord. 560 § 1 (Exh. A), 2012]

None

10’

0’

70%

85%

45’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.045.11:

Public Utility

Type 2

[Ord. 560 § 1 (Exh. A), 2012]

None

30’

30’

70%

85%

35’

D

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

19.15.045.12:

Personal Wireless Service Facility(1)

See Chapter 19.50

 

19.15.045.13

Community Garden(2)

None

None

10’

0’

15%

25%

12’

A

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. A land use agreement approved by the Director shall be executed between the landowner and those who are interested in gardening on private land. The agreement shall include Community Garden Rules to maintain the property safely and prevent disturbances to neighboring property owners and residents.

(1) Amended, Ord. 265, 1999

(2) Added, Ord. 560, 2012

Note: All landscape categories added by Ord. 293, 2000

 

19.15.050 INDUSTRIAL ZONE

PURPOSE AND INTENT: The Industrial (I) zone implements the Industrial Comprehensive Plan designation. The purpose of this zone is to establish a concentrated employment area for heavy commercial or industrial uses which are not likely to have adverse impacts on nearby residential or commercial properties. The intent is to provide for areas where primarily industrial activities and support services can be concentrated and where traffic congestion, visual and other impacts on the surrounding environment can be minimized. Large retail uses and office buildings that are not associated with an industrial use are inappropriate in the I zone.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN THE I ZONE, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE INDUSTRIAL ZONE. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.050.1

SPECIAL REGULATIONS:

A. Up to 25% of gross floor area may be used for the following accessory uses that are related to or support the primary use: retail, office, eating & drinking establishment, recreational facility, or warehousing and wholesale trade. For high technology industry, up to 75% of gross floor area for an accessory office use is allowed. A higher percentage of accessory use may be allowed through a Type 1 review. Required parking for accessory uses shall be as follows: retail, office and recreational facility: 1.5 stalls per 1,000 s.f. net floor area; eating and drinking establishment: 7 stalls per 1,000 s.f. net floor area; warehousing and wholesale trade: 0.5 stalls per 1,000 s.f. net floor area. More or less parking for accessory uses may be allowed through a Type 1 review process. [Ord. 313 §1, 2000]

B. The minimum lot area for new lots is 2 acres.

C. The outer 15 feet of the front setback must be landscaped with Type I landscaping (as prescribed in BMC 19.25.050.1). [Ord. 523 § 1, 2009]

D. All uses must be located within buildings or approved outdoor use, activity or storage areas.

E. Repealed, Ord. 529, 2009

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations (See also Section 19.15.050.1 and Miscellaneous Use, Development and Performance Standards Ch. 19.17)

Lot Area

SETBACKS

Lot Coverage

Building Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

 

19.15.050.2

High Technology Industry

None

None

25’

See Spec. Reg. 1

70%

75%

See Spec. Reg. 2

D

Also see Spec. Reg. 1

3 spaces per 1,000 s.f. of net floor area. Also see Sec. 19.15.050.1.A. [Ord. 313 §1, 2000]

1. Fifty (50) feet if adjoining a residential zone, otherwise, none. The outer 25 feet of the setback must be landscaped with Type I landscaping (as prescribed in BMC 19.25.050.1). [Ord. 523 § 1, 2009].

2. Maximum building height is 35 feet. If at least 50% of the required parking stalls are located under or within the building, maximum building height is increased to 60 feet.

19.15.050.3

Light Industry

None

None

25’

See Spec. Reg. 1

70%

75%

See Spec. Reg. 2

D

Also see Spec. Reg. 1

1 space per 1,000 s.f. of net floor area. Also see Sec. 19.15.050.1.A. [Ord. 313 §1, 2000]

1. Fifty (50) feet if adjoining a residential zone, otherwise, none. The outer 25 feet of the setback must be landscaped with Type I landscaping (as prescribed in BMC 19.25.050.1). [Ord. 523 § 1, 2009].

2. Maximum building height is 35 feet. If at least 50% of the required parking stalls are located under or within the building, maximum building height is increased to 60 feet.

19.15.050.4

Family Day Care Home I and II

None

See Special Regulation 1

1. Must comply with requirements of the primary use.

2. Family Day Care Home II: Must provide State certification of safe passenger loading area.

19.15.050.5:

Day Care Center

None

None

25’

0’

70%

75%

35’

B

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Must provide State certification of safe passenger loading area.

19.15.050.6:

Auto, boat or heavy equipment repair, services or washing

Type 1

None

25’

See Spec. Reg. 1

70%

75%

35’

C

Also see Spec. Reg. 1

1 space per 1,000 s.f. of net floor area. Also see Sec. 19.15.050.1.A. [Ord. 313 §1, 2000]

1. Fifty (50) feet if adjoining a residential zone, otherwise, none. The outer 25 feet of the setback must be landscaped with Type I landscaping (as prescribed in BMC 19.25.050.1). [Ord. 523 § 1, 2009].

19.15.050.7:

Community or Religious Facility [Ord. 479 § 1, 2007]

Type 1

None

25’

0’

70%

75%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.050.8

Government Facility

Type 1

None

25’

0’

70%

75%

See Spec. Reg. 1

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Maximum building height is 35 feet. If at least 50% of the required parking stalls are located under or within the building, maximum building height is increased to 60 feet.

19.15.050.9

On-site hazardous waste treatment and storage facility

Type 1

None

25’

See Spec. Reg. 1

70%

75%

35’

D

Also see Spec. Reg. 1

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Fifty (50) feet if adjoining a residential zone, otherwise, none. The outer 25 feet of the setback must be landscaped with Type I landscaping (as prescribed in BMC 19.25.050.1). [Ord. 523 § 1, 2009].

2. Must comply with the state siting criteria adopted in accordance with RCW 70.105.210.

19.15.050.10

Public Park and Recreation Facilities

None. See Spec. Reg. 2 [Ord. 560 § 1 (Exh. A), 2012]

None.

25’

0’

70%

75%

35’

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Lighting for structures and fields shall be directed away from residential areas.

2. No special review process if project design is approved by the City Council through a public review process that includes posting a notice board at the site and notification to neighbors; otherwise a Type 2 review process is required. [Ord. 560 § 1 (Exh. A), 2012]

19.15.050.11

Public Utility

Type 1

None

30’

30’

70%

75%

35’

D

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

19.15.050.12

Self Service Storage Facility

Type 1

None

25’

See Spec. Reg. 1

70%

75%

35’

D

Also see Spec. Reg. 1

1 space per 3,500 s.f. of storage area, plus 2 for any caretaker’s unit. Also see Sec. 19.15.050.1.A.

1. Fifty (50) feet if adjoining a residential zone, otherwise, none. The outer 25 feet of the setback must be landscaped with Type I landscaping (as prescribed in Sec. 19.25.050.1). [Ord. 523 § 1, 2009].

2. May include one (1) accessory dwelling unit for resident security manager.

19.15.050.13

Indoor Shooting Range

Type 2

None

30’

30’

70%

75%

35’

D

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to mitigating noise impacts and designing the facility to protect non-users outside of the building from bullets that may penetrate the outer walls and ceiling of the use.

19.15.050.14

Kennel

Type 2

None

25’ See Spec. Reg. 1

0’ See Spec. Reg. 1

70%

75%

35’

D

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Outside runs and other outside facilities must be setback at least 25 feet from each property line (50 feet from a residential zone) and must be surrounded by a fence or wall sufficient to enclose the animals.

2. Must provide suitable shelter and a clean, healthful environment for the animals.

19.15.050.15

Recycling Center

Type 2

None

25’

See Spec. Reg. 1

70%

75%

35’

D

Also see Spec. Reg. 1

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Fifty (50) feet if adjoining a residential zone, otherwise, none. The outer 25 feet of the setback must be landscaped with Type I landscaping (as prescribed in BMC 19.25.050.1). [Ord. 523 § 1, 2009].

2. Shall mitigate all operational impacts, including noise, odor, visual and health and sanitary impacts.

3. May deal only in metal cans, glass, plastic and paper. Other materials may be recycled if the Hearing Examiner determines that the impacts are no greater than those associated with recycling metal cans, glass, plastic or paper. The applicant will have the burden of proof in demonstrating similar impacts.

19.15.050.16

Any use not listed in the use column of any use zone chart

Type 2

Development standards shall be determined on a case-by-case basis through the Type 2 review process.

1. The proposed use shall be compatible with adjoining uses. The facility shall be designed, located, constructed and buffered to blend in with its surroundings and mitigate all adverse impacts on adjoining properties and the community. Special attention shall be given to minimizing noise, light, glare and traffic impacts.

2. Social card games are prohibited.

19.15.050.17

Essential Public Facility

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

Development standards shall be determined on a case-by-case basis through the Type 2 review process.

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

2. Shall comply with criteria for siting found in the Burien Comprehensive Plan.

19.15.050.18

Off-site hazardous waste treatment and storage facility

Type 2 [Ord. 560 § 1 (Exh. A), 2012]

None

50’

50’

70%

75%

35’

D

Also see Spec. Reg. 1

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. The outer 25 feet of the setback must be landscaped with Type I landscaping (as prescribed in BMC 19.25.050.1). [Ord. 523 § 1, 2009].

2. Must comply with the state siting criteria adopted in accordance with RCW 70.105.210.

19.15.050.19

Personal Wireless Service Facility(1)

See Chapter 19.50

 

19.15.050.20

Adult Entertainment Facility(2)

None

None

25’

0’

70%

75%

35’

C

See Sec. 19.20.030.2

1. See Sec. 19.17.030 for additional requirements.

19.15.050.21

Secure Community Transition Facility [Ord. 363 § 1, 2002]

Type 2

[Ord. 560 § 1 (Exh. A), 2012]

See Section 19.17.110

 

19.15.050.22

Community Garden(3)

None

None

10’

0’

15%

25%

12’

A

See Sec. 19.20.030.2

1. A land use agreement approved by the Director shall be executed between the landowner and those who are interested in gardening on private land. The agreement shall include Community Garden Rules to maintain the property safely and prevent disturbances to neighboring property owners and residents.

19.15.050.23

Marijuana Producers

Marijuana Processors(4)

Type 1

None

25’

See Spec. Reg. 1

70%

75%

35’

D

Also see Spec. Reg. 1

See Sec. 19.20.030.2

1. Fifty feet if adjoining a residential zone, otherwise, none. The outer 25 feet of the setback must be landscaped with Type I landscaping (as prescribed in BMC 19.25.050.1).

2. The facility shall be designed, located, constructed and buffered to blend in with its surroundings and mitigate significant adverse impacts on adjoining properties and the community. Special attention shall be given to minimizing odor, noise, light, glare and traffic impacts.

3. Must comply with all requirements of State law and Washington State Liquor Control Board’s regulations.

4. Marijuana producers and processors shall not operate as an accessory to a primary use or as a home occupation.

5. Marijuana producers and processors may locate in the same building and all production and processing activities shall occur within an enclosed structure.

6. Marijuana producers and processors shall not locate within 1,000 feet as measured by the shortest straight line distance from the property line of the licensed premises to the property line of an elementary or secondary school, playground, recreational center or facility, child care center, public park, public transit center, library or arcade where admission is not restricted to those age 21 and older.

(1) Amended, Ord. 265, 1999

(2) Amended, Ord. 291, 2000

(3) Added, Ord. 560, 2012

(4) Added, Ord. 599, 2014

Note: All landscape categories added by Ord. 293, 2000

 

19.15.055 Special Planning Area 1: Old Burien

PURPOSE AND INTENT: Old Burien has served as the historic commercial gateway to this unique residential and farming community, which was established over a century ago by enterprising pioneers. The SPA-1 zone implements the SPA-1: Old Burien Comprehensive Plan designation. To recognize the unique historic character of Old Burien, and to provide a transition between the Downtown zones and residential areas, the SPA-1 zone was created. The purpose of this zone is to establish areas for retail, restaurants, commercial, and office uses that serve the community. The intent is to enhance and expand the pedestrian-oriented character of Old Burien, and develop a gateway both to and from the downtown at the intersection of Ambaum Boulevard and SW 152nd Street. The SPA-1 zone is immediately adjacent to the DC Zone.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN SPECIAL PLANNING AREA 1, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN SPECIAL PLANNING AREA 1. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.055.1

SPECIAL REGULATIONS:

A. Outdoor storage is limited to accessory storage of goods sold at retail on the premises. Outdoor storage areas shall be limited to five feet in height and shall not be located in any required landscape area.

B. DESIGN GUIDELINES: See BMC 19.49 for SPA-1 design standards and BMC 19.65.105 for information on the Administrative Design Review Process.

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations (See also Section 19.15.055.1 and Miscellaneous Use, Development and Performance Standards Ch. 19.17)

Lot Area

SETBACKS

Lot Coverage

Building Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

19.15.055.2

Retail

Office

Recreational Facility

None

None

0’

0’

85%

85%

3 stories

E

See Sec. 19.20.040.3.B [Ord. 531 §1, 2010]

1. The following are not permitted: motor vehicle sales and rental; boat sales and rental; recycling center; and self-service storage facility.

2. For retail use, maximum gross floor area per building is 25,000 s.f. Up to 30,000 s.f. may be approved through a Type 1 review process.

3. Distribution, wholesaling, repair or manufacturing that support the primary use are allowed as an accessory use.

4. An amusement arcade is allowed as an accessory use.

19.15.055.3

Eating and Drinking Establishment

None

None

0’

0’

85%

85%

2 stories

E

See Sec. 19.20.040.3.B [Ord. 531 §1, 2010]

1. Distribution, wholesaling or manufacturing that support the primary use are allowed as an accessory use.

2. An amusement arcade is allowed as an accessory use.

19.15.055.4

Lodging Facility

Cultural Facility

Community Facility

School

Type 1

None

0’

0’

85%

85%

4 stories

E

See Sec. 19.20.040.3.B [Ord. 531 §1, 2010]

 

19.15.055.5

Family Day Care Home I and II

None

See Special Regulation 1

1. Must comply with requirements of the primary use.

2. Family Day Care Home II: Must provide State certification of safe passenger loading area.

3. Use of the Fee-In-Lieu Parking Program in BMC 19.20.040.3.B is an option for this use.

19.15.055.6

Day Care Center

None

None

0’

0’

85%

85%

2 stories

E

See Sec. 19.20.040.3.B [Ord. 531 §1, 2010]

1. Must provide State certification of safe passenger loading area.

19.15.055.7

Mixed Use

Type 1

None

0’

0’

85%

85%

3 stories

E

See Sec. 19.20.040.3.B [Ord. 531 §1, 2010]

1. Maximum residential density is 24 dwelling units per acre.

2. Shall provide retail and/or eating and drinking establishment uses on the floor adjacent to a street, or if the site does not abut a street, on floor adjacent to parking lot.

3. At least 25% of the gross floor area must be designed and used for retail, office and/or eating and drinking establishment uses.

19.15.055.8

Public Park and Recreation Facilities

None. See Spec. Reg. 2 [Ord. 560 § 1 (Exh. A), 2012]

None. See Spec. Reg. 1

0’

0’

80%

85%

3 stories

E

See Sec. 19.20.040.3.B [Ord. 531 §1, 2010]

1. Lighting for structures and fields shall be directed away from residential areas.

2. No special review process if project design is approved by the City Council through a public review process that includes posting a notice board at the site and notification to neighbors; otherwise a Type 2 review process is required. [Ord. 560 § 1 (Exh. A), 2012]

19.15.055.9

Government Facility

Private Club

Religious Facility

Type 1

None

0’

0’

80%

85%

3 stories

E

See Sec. 19.20.040.3.B [Ord. 531 §1, 2010]

 

19.15.055.10

Public Utility

Type 1

None

20’

30’

80%

85%

3 stories

E

See Sec. 19.20.040.3.B [Ord. 531 §1, 2010]

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

19.15.055.11

Essential Public Facility

Type 2

[Ord. 560 § 1 (Exh. A), 2012]

Development standards shall be determined on a case-by-case basis through the Type 2 review process.

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

2. Shall comply with criteria for siting found in the Burien Comprehensive Plan.

19.15.055.12

Personal Wireless Service Facility

See Chapter 19.50

 

19.15.055.13

Community Garden(1)

None

None

0’

0’

15%

25%

12’

A

See Sec. 19.20.040.3.B [Ord. 531 § 1, 2010]

1. A land use agreement approved by the Director shall be executed between the landowner and those who are interested in gardening on private land. The agreement shall include Community Garden Rules to maintain the property safely and prevent disturbances to neighboring property owners and residents.

19.15.055.14

Marijuana Retailers(2)

Type 1

None

0’

0’

85%

85%

3 stories

E

See Sec. 19.20.040.3.B

1. The facility shall be designed, located, constructed and buffered to blend in with its surroundings and mitigate significant adverse impacts on adjoining properties and the community. Special attention shall be given to minimizing odor, noise, light, glare and traffic impacts.

2. Must comply with all requirements of State law and Washington State Liquor Control Board’s regulations.

3. Marijuana retailers shall not locate in the Single-Family Residential (RS), Multi-Family Residential (RM), Professional Residential (PR), Office (O) or Ruth Dykeman Children’s Center zones.

4. Marijuana retailers shall not locate in a building in which any non-conforming retail uses have been established in any residential or office zone.

5. Marijuana retailers shall not operate as an accessory to a primary use or as a home occupation.

6. Marijuana retailers shall not locate within 1,000 feet as measured by the shortest straight line distance from the property line of the licensed premises to the property line of an elementary or secondary school, playground, recreational center or facility, child care center, public park, public transit center, library or arcade where admission is not restricted to those age 21 and older.

(1) Added, Ord. 560, 2012

(2) Added, Ord. 599, 2014

Note: All landscape categories added by Ord. 293, 2000

 

 

19.15.060 Special Planning Area 2: Ruth Dykeman Children’s Center

PURPOSE AND INTENT: The Special Planning Area 2 (SPA-2) zone implements the Special Planning Area 2 Comprehensive Plan designation. The purpose of this zone is to establish and preserve areas for the Ruth Dykeman Children’s Center and the special uses associated with the Center’s activities. The intent is to provide for continued residential, home-based and community-based programs and services to families and children of the community through the activities of the Ruth Dykeman Children’s Center. Due to the unique nature and location of the Ruth Dykeman property, all use and development must be consistent with a City-approved Master Plan for the property.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN THE SPA-2 ZONE, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE SPA-2 ZONE. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.060.1

SPECIAL REGULATIONS:

A. All uses and development in SPA-2 must be consistent with a City-approved Master Plan for the entire zone. The Master Plan must be approved through a Type 2 review. Modifications to the approved Master Plan may be allowed as follows:

i. Minor modifications may be approved by the Director. The following are minor modifications, if the Director determines that the modification will not have significantly more or different impact on the surrounding neighborhood than does the present development:

a. An increase of 20% or less in the gross floor area of any approved primary or accessory use.

b. An increase of 20% or less in the number of beds.

c. Up to 20% increase or decrease in the number of approved parking spaces.

ii. Major modifications may be approved through a Type I review process. Major modifications are those modifications that do not comply with Section 19.15.060.1.A.i above. [Ord. 560 § 1 (Exh. A), 2012]

B. The primary use allowed in the zone is community residential facility. Any use listed in the Office zone (Section 19.15.045) may be allowed as an accessory use if it supports the primary use. Religious facilities are also allowed as a primary use. [Ord. 479 §1, 2007]

C. Development standards, such as lot coverage, building height, landscaping, signing and parking are established as part of the approved Master Plan. The standards in the Office zone (Section 19.15.045) shall be used as a guideline.

D. There shall be a minimum 20-foot landscape strip between SPA-2 and any adjoining RS zones.

 

19.15.065 Special Planning Area 3: Gateway

PURPOSE AND INTENT: The Special Planning Area 3 (SPA-3): Gateway zone implements the SPA-3 Comprehensive Plan designation. The purpose of this zone is to establish an area that will develop a quality environment that identifies a primary entrance to the City from major transportation corridors. The intent of the zone is to encourage well-designed, quality development that reinforces a positive image as one enters adjacent downtown Burien and promotes economic development. Site design, building design and landscaping is also intended to encourage pedestrian activity and connectivity to downtown.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN THE SPA-3 ZONE, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE GATEWAY SPECIAL PLANNING AREA ZONE. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.065.1

SPECIAL REGULATIONS:

A. SETBACKS

i. The required front setback shall be landscaped with Type III landscaping as described in Chapter 19.25. The depth of the landscaped area shall be increased 2 feet for each 10 feet (or portion thereof) building is setback greater than 10 feet. The Director may allow or require installation of pedestrian-oriented features or amenities in the setback. {Ord. 313 §1, 2000]

ii. Parking and vehicular circulation areas are not allowed in the required front setback. One driveway or parking entrance per site for each street frontage is allowed in the front setback. For a site with a street frontage exceeding 240 feet, or for a lodging facility with a circular passenger loading area, an additional driveway or parking entrance within the front setback is permitted. The Director may modify these requirements if additional landscaping area that exceeds the requirements of this Code is provided on or off-site.

iii. Outdoor use, activity or storage is not allowed in any required setback or required landscape area. The Director may approve use of a setback or landscaped area for vehicle display and sales, provided that such use will not create a public safety hazard and the remaining landscape areas are either expanded in area or planted with more vegetation.

B. PARKING

i. Parking lots shall not be located between the street and the building(s) on the site. The Director may waive or modify this requirement through a Type 1 review if no other feasible alternative exists, or if the proposed site plan provides adequate screening of the majority of the parking area from the street.

ii. The maximum width of a parking lot within 20 feet of a street shall not exceed the lesser of 63 feet or 75% of the frontage of the site.

C. BUILDING DESIGN

i. Each building wall or portion of a wall that is closer than 50 feet to any property line of the site must be screened or treated in at least one of the ways listed in Section 19.15.065.1.C.ii below if it meets either of the following criteria:

a. The wall or portion of the wall has a surface area of at least 400 square feet and has a length and a width of at least 10 feet without a window, door, facade modulation at least 4 feet in depth or other architectural feature; or,

b. The wall or portion of the wall is between 4 feet and 13 feet above finished grade level directly adjacent to the wall and has a horizontal dimension longer than 15 feet without a window, door, facade modulation at least 4 feet in depth or other architectural feature.

ii. At least one of the following techniques must be used to treat or screen building walls or portions of walls that meet either of the criteria in Section 19.15.065.1.C.i:

a. Installation of a vertical trellis with climbing vines or plant material in front of the wall. The trellis and its mounting system shall be of sufficient strength to support mature vegetation.

b. Providing a landscaped planting bed at least 5 feet wide or a raised planter bed at least 2 feet high and 3 feet wide in front of the wall and planted with materials that will obscure or screen at least 50% of the wall within 2 years. The planting bed is in addition to any landscaping required by other sections of this Code.

c. Use of alternative techniques to screen the wall, as approved through a Type 1 review process.

iii. The first floor walls of a building which are within 50 feet of and face toward a street shall include at least one public entrance to the building or window to provide visual access to the activity within the building, for each 50 feet of wall length. Alternative techniques to provide visual access to the activity within the building may be used, if approved through a Type 1 review process.

D. URBAN DESIGN ELEMENTS

i. New Development and/or substantial improvement shall

a. Conform with the Burien Gateway Design Report dated December 1998.

b. Underground any existing above-ground utilities in the right-of-way, if feasible, and if approved by the serving utility.

c. Underground all proposed utilities and any existing above-ground utilities located between any structures on the site and the right-of-way.

d. Dedicate adequate width for abutting substandard right-of-ways, based on the City’s adopted road standards, including the width of all improvements required to be located in the right-of-way.

ii. Repealed. [Ord. 313 §1, 2000]

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations (See also Section 19.15.065.1 and Miscellaneous Use, Development and Performance Standards Ch. 19.17)

Lot Area

SETBACKS

Lot Coverage

Building Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

19.15.065.2

Retail

Office

Recreational Facility

Theater

None. See Special Regulation 4.

None

5’

0’

85%

90%

3 Stories

C

3 spaces per 1,000 s.f. of net floor area. [Ord. 313 §1, 2000]

1. The following are not permitted: recycling center; and self-service storage facility.

2. Distribution, wholesaling, or manufacturing that support the primary use are allowed as an accessory use.

3. An amusement arcade is allowed as an accessory use.

4. Retail uses shall not exceed 60,000 square feet of gross floor area, except through a Type 1 review.

19.15.065.3

Eating and Drinking Establishment

None

None

5’

0’

85%

90%

3 Stories

C

13 spaces per 1,000 s.f. of dining or lounge area

1. Distribution, wholesaling or manufacturing that support the primary use are allowed as an accessory use.

2. An amusement arcade is allowed as an accessory use.

19.15.065.4

Day Care Center

None

None

5’

0’

85%

90%

3 Stories

B

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Must Provide State certification of safe passenger loading area.

19.15.065.5

Lodging Facility

None

None

5’

0’

85%

90%

No limit

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.065.6

Community Facility

None

None

5’

0’

85%

90%

3 Stories

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.065.7

Mixed Use

None

None

5’

0’

85%

90%

3 Stories

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Maximum residential density is 24 dwelling units per acre.

2. Shall provide retail, office and/or eating and drinking establishment uses on the floor adjacent to a street, or if the site does not abut a street, on floor adjacent to parking lot.

3. At least 25% of the gross floor area must be designed and used for retail, office or eating and drinking establishment uses.

19.15.065.8

Public Park and Recreation Facilities

None

None.

5’

0’

85%

90%

3 Stories

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Lighting for structures and fields shall be directed away from residential areas.

19.15.065.9

Government Facility

Private Club

Religious Facility

Funeral Home

Type 1

None

5’

0’

85%

90%

3 Stories

C

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

 

19.15.065.10

Public Utility

Type 1

None

30’

30’

85%

90%

3 Stories

D

See Sec. 19.20.030.2 [Ord. 292 § 6, 2000]

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

19.15.065.11

Essential Public Facility

Type 2

[Ord. 560 § 1 (Exh. A), 2012]

Development standards shall be determined on a case-by-case basis through the Type 2 review process.

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

2. Shall comply with criteria for siting found in the Burien Comprehensive Plan.

19.15.065.12

Nursing Home

None

None

5’

0’

85%

90%

3 Stories

B

1 space for every 4 beds

 

19.15.065.13

Personal Wireless Service Facility

See Chapter 19.50

 

19.15.065.14

Off-Site Commercial Parking

None. See Special Regulations 1 and 2.

None

5’

0’

85%

90%

3 stories

C

See Sec. 19.20.030.2

1. This use is limited to property used for new and/or used automobile sales currently or in the twelve (12) month period preceding application.

2. This use is allowed only until July 1, 2012. After this date, the use is illegal and must be removed.

19.15.065.15

Community Garden(1)

None

None

5’

0’

15%

25%

12’

A

See Sec. 19.20.030.2

1. A land use agreement approved by the Director shall be executed between the landowner and those who are interested in gardening on private land. The agreement shall include Community Garden Rules to maintain the property safely and prevent disturbances to neighboring property owners and residents.

19.15.065.16

Marijuana Retailers(2)

Type 1

None

5’

0’

85%

90%

3 stories

C

See Sec. 19.20.030.2

1. The facility shall be designed, located, constructed and buffered to blend in with its surroundings and mitigate significant adverse impacts on adjoining properties and the community. Special attention shall be given to minimizing odor, noise, light, glare and traffic impacts.

2. Must comply with all requirements of State law and Washington State Liquor Control Board’s regulations.

3. Marijuana retailers shall not locate in the Single-Family Residential (RS), Multi-Family Residential (RM), Professional Residential (PR), Office (O) or Ruth Dykeman Children’s Center zones.

4. Marijuana retailers shall not locate in a building in which any non-conforming retail uses have been established in any residential or office zone.

5. Marijuana retailers shall not operate as an accessory to a primary use or as a home occupation.

6. Marijuana retailers shall not locate within 1,000 feet as measured by the shortest straight line distance from the property line of the licensed premises to the property line of an elementary or secondary school, playground, recreational center or facility, child care center, public park, public transit center, library or arcade where admission is not restricted to those age 21 and older.

(1) Added, Ord. 560, 2012

(2) Added, Ord. 599, 2014

Note: All landscape categories added by Ord. 293, 2000

 

19.15.070 AIRPORT INDUSTRIAL ZONES

PURPOSE AND INTENT: The Airport Industrial (AI) zone implements the Airport Industrial Comprehensive Plan designation within the Northeast Redevelopment Area. The purpose and intent of this designation is to facilitate economic development and provide flexibility for airport-compatible uses in a campus-like setting with internal circulation to minimize the number of access points to Des Moines Memorial Drive.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN THE AI ZONE, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE AI ZONE. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.070.1

SPECIAL REGULATIONS:

A. GENERAL.

i. Use and development within this zone may be affected by FAA regulations associated with SeaTac Airport operations.

ii. Uses shall conform with the following requirements (excluding reasonable construction activity):

a. Does not emit significant quantities of dust, dirt, cinders, smoke, gases, fumes, odors or vapors into the atmosphere.

b. Does not emit any liquid or solid wastes or other matter into any stream, wetland, or other waterway.

c. Does not emit radiation or discharges glare or heat, or emits electromagnetic, microwave, ultrasonic, laser or other radiation levels over what is considered safe by the FCC.

d. Does not emit radiation or discharges glare or heat, or emits electromagnetic, microwave, ultrasonic, laser or other radiation levels that would adversely impact electronic equipment of residences or businesses outside of the boundaries of the property the business is located.

e. Does not use heavy trucking as a principal use, such as truck terminals or heavy truck repair.

f. Does not produce excessive noise or ground vibration perceptible without instruments at any point exterior to any lot.

g. Is not considered an aviation hazard as defined in State and Federal law.

h. Does not use high intensity lighting or make it difficult for pilots to distinguish between airport lights and others; create electrical interference with navigational signals or radio communication between the airport and aircraft; result in glare in the eyes of pilots using the airport; create reflectivity that interferes with airport radar function; create smoke, dust or other particulates that would impair visibility for aircraft; allow the storage of highly flammable or explosive materials, create bird-strike hazards; or otherwise create a hazard which may in any way endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

B. DESIGN STANDARDS. Development within the AI zone is subject to compliance with the design standards in BMC 19.48.

C. BUILDING HEIGHT. No structure shall be permitted to be erected, altered or maintained that would constitute a hazard to air navigation, encroach into the limits of the FAA Part 77 imaginary surfaces, or cause an increase in minimum flight or approach procedure altitudes as determined by the FAA. An additional 12 feet of height is allowed for under-building or underground parking. A written certification of height compliance from the FAA may be required.

D. TRANSPORTATION IMPACT MITIGATION. In addition to providing street improvements on adjacent streets pursuant to BMC 12.05, the City may require off-site improvements necessary to mitigate transportation impacts of the proposal as part of the Final Supplemental Environmental Impact Statement for the Northeast Redevelopment Area dated November 23, 2009, SEPA planned action or other SEPA review under BMC Title 14. Transportation impact fees also apply pursuant to BMC 19.35.

E. IMPERVIOUS SURFACE COVERAGE.

i. The maximum allowable impervious surface coverage is 95%.

ii. Public pedestrian and non-motorized facilities are excluded from impervious surface coverage.

iii. The City will give credit for low impact development techniques such as but not limited to pervious pavement and green roofs. The amount of credit shall be determined by the Public Works Director.

F. RESIDENTIAL USES. Existing residential uses may continue to exist pursuant to the standards located in BMC 19.55. New residential uses are prohibited.

USE

REGULATIONS

DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

Special Review Process (See Ch. 19.65)

MINIMUMS

MAXIMUMS

Landscape Category
(See Ch. 19.25)

Minimum Required Parking Spaces (See Ch. 19.20)

Special Regulations (See also Section 19.15.070.1 and Miscellaneous Use, Development and Performance Standards Ch. 19.17)

Lot Area

SETBACKS

Lot Coverage

Building Height

Front Setback

Interior Setback

Building Coverage

Impervious Surface Coverage

19.15.070.2

Air Cargo Facility

Distribution

Eating and Drinking Establishment

Flex-Industrial

Flex-Tech Flight

Kitchen Light Industry

Office

Off-Site Commercial Parking

Plant Nursery

Retail

Warehousing and Wholesale Trade

None

None

10’

10’

None

See BMC 19.15.070.1.E.

45’ See BMC 19.15.070.1

F

See Section 19.20.030.2.

1. In the AI-1 zone, retail uses are allowed as primary or accessory uses. In the AI-2 zone, retail uses are allowed only as accessory uses related to or supporting the primary use of the site.

19.15.070.3

New Car Auto Dealer

Auto Rental

None

None

10’

10’

None

See BMC 19.15.070.1.E.

45’ See BMC 19.15.070.1

F

See Section 19.20.030.2.

1. This use is only allowed in the AI-1 zone. Sales of used vehicles and service facilities are only allowed as an accessory use.

19.15.070.4

Community Facility

Government Facility

Public Park and Recreation Facilities

Recreational Facility

Religious Facility

None

None

10’

10’

None

See BMC 19.15.070.1.E.

45’ See BMC 19.15.070.1

F

See Section 19.20.030.2.

 

19.15.070.5

Public Utility

Type 1

None

10’

10’

None

See BMC 19.15.070.1.E.

45’ See BMC 19.15.070.1

F

See Section 19.20.030.2.

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

19.15.070.6

On-site hazardous waste treatment and storage facility

Off-site hazardous waste treatment and storage facility

Type 2

None

10’

10’

None

See BMC 19.15.070.1.E.

45’ See BMC 19.15.070.1

F

See Section 19.20.030.2.

1. These uses are required to conduct an environmental review and mitigate all impacts. 2. Must comply with the state siting criteria adopted in accordance with RCW 70.105.210.

19.15.070.7

Essential Public Facility

Type 1

None

10’

10’

None

See BMC 19.15.070.1.E.

45’ See BMC 19.15.070.1

F

See Section 19.20.030.2.

1. Shall be designed, located, constructed and buffered to blend in with their surroundings and minimize adverse impacts on adjacent properties. Special attention shall be given to minimizing noise, light and glare impacts.

2. Shall comply with criteria for siting found in the Burien Comprehensive Plan.

19.15.070.8

Any use not listed in the use column of any use zone chart

Type 2

Development standards shall be determined on a case-by-case basis through the Type 2 review process.

1. The proposed use shall be compatible with adjoining uses.

2. The facility shall be designed, located, constructed and buffered to blend in with its surroundings and mitigate all adverse impacts on adjoining properties and the community. Special attention shall be given to minimizing noise, light, and glare impacts.

19.15.070.9

Adult Entertainment Facility

Type 2

None

10’

10’

None

See BMC 19.15.070.1.E.

45’ See BMC 19.15.070.1

F

See Section 19.20.030.2.

1. See Sec. 19.17.030 for additional requirements.

19.15.070.10

Secure Community Transition Facility

Type 2

See Section 19.17.110

19.15.070.11

Personal Wireless Service Facility

See BMC 19.50 for specific requirements.

19.15.070.12

Community Garden(1)

None

None

10’

10’

15%

25%

12’

A

See Section 19.20.030.2.

1. A land use agreement approved by the Director shall be executed between the landowner and those who are interested in gardening on private land. The agreement shall include Community Garden Rules to maintain the property safely and prevent disturbances to neighboring property owners and residents.

19.15.070.13

Marijuana Producers

Marijuana Processors(2)

Type 1

None

10’

10’

None

See BMC 19.15.070.1.E.

45’

See BMC 19.15.070.1

F

See Section 19.20.030.2

1.The facility shall be designed, located, constructed and buffered to blend in with its surroundings and mitigate significant adverse impacts on adjoining properties and the community. Special attention shall be given to minimizing odor, noise, light, glare and traffic impacts.

2. Must comply with all requirements of State law and Washington State Liquor Control Board’s regulations.

3. Marijuana producers and processors shall not operate as an accessory to a primary use or as a home occupation.

4. Marijuana producers and processors may locate in the same building and all production and processing activities shall occur within an enclosed structure.

5. Marijuana producers and processors shall not locate within 1,000 feet as measured by the shortest straight line distance from the property line of the licensed premises to the property line of an elementary or secondary school, playground, recreational center or facility, child care center, public park, public transit center, library or arcade where admission is not restricted to those age 21 and older.

(1) Added, Ord. 560, 2012

(2) Added, Ord. 599, 2014