Chapter 19.17 Miscellaneous Use, Development and Performance Standards

Chapter 19.17
Miscellaneous Use, Development and Performance Standards

19.17.005 User Guide.

This Chapter contains a variety of regulations and standards that apply to the use and development of land. The regulations in this Chapter do not apply to all uses or developments. The regulations are arranged alphabetically so that careful review of the table of contents is important to finding all pertinent regulations.

19.17.010 Multi-Family Recreation Space

1. New developments of 4 multiple family dwelling units or more shall provide a minimum of 200 square feet of required common recreation space per dwelling unit. The required common recreation space shall be in one or more areas on site that are available and accessible to all residents of the development.

A. Not more than 50% of the required common recreation space shall be indoors. Such areas must be located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors.

B. At least 50% of the required common recreation space shall be designed and improved as play space for preadolescent children – environments that are designed to support and suggest activities that are an essential part of a child’s learning and development (social, emotional, cognitive, and physical). Unless otherwise approved by the Director, required play space for children shall be accessible from all dwelling units by pedestrian paths separate from vehicular areas. The requirement for play space for children shall not apply to developments devoted exclusively to senior citizens.

C. An area designated as required common outdoor recreation space shall:

i. Have a minimum size of 800 square feet and minimum width and depth of 25 feet.

ii. Not be located in the following critical areas or their buffers: wetlands, streams, and flood hazard areas.

iii. Be of a grade and surface suitable for recreation.

iv. Be centrally located and accessible and convenient to all residents within the development.

v. Be connected by path, walkway or separated walkway across a parking area to any adjacent existing or planned public park, open space or trail system.

vi. Not be used for driveways, parking or other vehicular use. Adequate fence and/or plant screening, as approved by the Director, shall be provided to separate outdoor recreation areas from vehicular areas.

vii. Not be located in the required front setback or in an interior setback abutting a single-detached dwelling unit or single family residential zone.

2. All new developments shall provide a minimum of 80 square feet of outdoor private recreation space if provided as a patio and 60 square feet of outdoor private recreation space if provided as a deck or balcony, for each multiple family dwelling unit.

A. An area designated as required private outdoor recreation space shall:

i. Have a minimum width and depth of 8 feet for patios and 6 feet for decks or balconies.

ii. Not be located in the following critical areas or their buffers: wetlands, streams, or flood hazard areas.

iii. Be of a grade and surface suitable for recreation.

iv. Be adjacent to and directly accessible from the corresponding dwelling unit.

v. Not be used for driveways, parking or other vehicular use. Adequate fence and/or plant screening, as approved by the Director, shall be provided to separate outdoor recreation areas from vehicular areas.

vi. Not be located in the required front setback or in an interior setback abutting a single-detached dwelling unit or RS zone.

B. Private and common recreation space in the downtown commercial (DC) zone.

i. Common Recreation Space: In the downtown commercial zone the total amount of required common recreation space shall be provided as follows:

Minimum 170 square feet per three or more bedrooms unit;

Minimum 130 square feet per two bedrooms unit; and

Minimum 100 square feet per one bedroom unit; and

Minimum 85 square feet per studio unit;

At least 10 percent of the required common recreation space shall be provided as indoor space including but not limited to exercise, recreation, meeting and hospitality facilities.

1) Design of common recreation space is subject to the minimum standards set forth in subsection (1) of this section and/or the design standards set forth in Chapter 19.47 BMC. The Director may modify the required amount of recreation space as specified in subsection (1)(B) of this section (play space for preadolescent children), if appropriately sized facilities are provided for the targeted housing market segment, as determined through the development review process.

ii. Private Recreation Space: Private recreation space shall be provided as follows:

1) A minimum of 30% of the total number of dwelling units shall have individual private recreation spaces (decks, balconies or patios) meeting the minimum dimensional standards of subsection (2)(B)(ii)(3) of this section. If the calculation results in a fraction the number shall be rounded to the nearest integer. No more than 30% of the required private recreation spaces may be in the form of patios.

2) A majority of the units that do not provide private recreation space as prescribed above shall provide alternative private recreation space. For the purposes of this section, alternative private recreation space includes: Juliette balconies, decks, balconies or patios and shall have a minimum depth of 12 inches and a minimum length of 6 feet.

3) Dimensions of private recreation space shall be no less than 48 square feet in area with a minimum width or depth of 5 feet.

Projects that achieve a calculated residential density of more than 50 units per net acre may reduce the size of private recreation space to 24 square feet in area with a minimum width or depth of 4 feet.

For the purposes of this section achieved residential density shall be calculated using the following method:

Residential Density =	number of units
	(net lot area X % of floor area devoted to residential use)

3. Maintenance of recreation space shall be the responsibility of the owner or other separate entity (such as a homeowners association) capable of long-term maintenance and operation in a manner acceptable to the Director. [Ord. 587 § 1, 2013, Ord. 437 § 12, 2005, Ord. 273 § 1, 1999]

19.17.013 Residential Recreation Space

1. Except when fees-in-lieu of commonly owned recreation space are provided pursuant to this section, residential developments shall provide recreation space as follows:

A. Residential subdivision developed at a density of eight units or less per acre – 390 square feet per unit; and

B. Mobile home park – 260 square feet per unit.

2. Any recreation space located outdoors shall:

A. Be of a grade and surface suitable for recreation;

B. Be on the site of the proposed development;

C. Contain at least 5,000 square feet in area; provided, that when more than one recreation space is proposed, only one of the proposed recreation spaces is required to meet the area requirement;

D. Have no dimensions less than 30 feet (except trail segments);

E. In single detached or townhouse subdivision development, have a street roadway or parking area frontage along 10 to 50 percent of the recreation space perimeter (except trail segments);

F. Be centrally located and accessible and convenient to all residents within the development; and

G. Be connected by trail or walkway to any existing or planned community park, public open space or trail system, which may be located on adjoining property.

3. Indoor recreation areas may be credited towards the total recreation space requirement when the city determines that such areas are located, designed and improved in a manner which provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. [Ord. 269 § 4, 1999; Ord. 252 § 3, 1999; Ord. 28 § 1(374), 1993]

4. All single detached subdivisions shall provide tot/children play areas within the recreation space on-site, except when facilities are available within one-fourth mile that are developed as public parks or playgrounds and are accessible without the crossing of arterial streets.

5. If any play apparatus is provided in the play area, the apparatus shall meet Consumer Product Safety Standards for equipment, soft surfacing and spacing, and shall be located in an area that is:

A. At least 400 square feet in size with no dimension less than 20 feet; and

B. Adjacent to main pedestrian paths or near building entrances. [Ord. 28 § 1(375), 1993]

6. Unless the recreation space is dedicated to the city of Burien pursuant to subsection 7, maintenance of any recreation space retained in private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the city of Burien.

7. The city of Burien may accept dedication of required recreation space as a public park when the following criteria are met:

A. The dedicated area is at least 20 acres in size, except when adjacent to an existing or planned park; and

B. The dedicated land provides one or more of the following:

i. Shoreline access,

ii. Regional trail linkages,

iii. Habitat linkages,

iv. Recreation facilities, or

v. Heritage sites. [Ord. 28 § 1(376), 1993]

8. If on-site recreation space is not provided, the applicant shall pay a fee in lieu of actual recreation space. [Ord. 28 § 1(377), 1993]

The city of Burien acceptance of this payment is discretionary and may be permitted if:

A. The proposed on-site recreation space does not meet the criteria of BMC 19.17.013.2; or

B. The recreation space provided within a park in the vicinity will be of greater benefit to the prospective residents of the development. [Ord. 28 § 1(378), 1993]

9. Fees provided in lieu of on-site recreation space shall be determined annually by the city of Burien on the basis of the typical market value of the recreation space prior to development.

10. Any recreational space provided by the applicant shall be credited towards the land area upon which the required fees are calculated. [Ord. 28 § 1(379), 1993]

11. The fee in lieu of recreation space shall be:

A. Paid to the city of Burien at the time of:

i. Subdivision or short subdivision recording of single detached and townhouse developments, or

ii. Prior to issuance of building permits for all other residential or mixed use development;

B. Used by the city of Burien for the acquisition and improvement of parks or public recreational facilities to serve the development; and

C. Expended through council capital budget and program appropriations. [Ord. 545 § 1, 2010, Ord. 28 § 1(380), 1993]

19.17.015 Transition Standards

1. Purpose. The purpose of this section is to provide standards for creation of a buffer between a residential zone and a zone that permits development of higher intensity, and between an RM zone and an RS zone.

2. Applicability. This section applies to any lot located in a zone designated on the chart below as “Zone providing transition,” and that is located within 100 feet of a zone within the City of Burien designated on the chart as “Zone receiving transition”, or within 100 feet of a similar zone outside of the city limits. The requirements of this section must be met on the lot located within the zone providing transition.

TABLE 19.17.015-1
ZONE PROVIDING TRANSITION	ZONE RECEIVING TRANSITION
ZONE PROVIDING TRANSITION	RS	RM
RM	◆	—
CN	◆	◆
CI	◆	◆
CC	◆	◆
CR	◆	◆
O	◆	◆
I	◆	◆
SPA3	◆	◆

◆– This symbol means that a lot in the zone listed on the left must provide transition to lots in the zone listed at the top of the column.

[Ord. 273 § 1, 1999]

3. Transition Area Standards.

The following standards apply to any development activity within a transition area:

A. A landscape buffer, at least 20 feet in width, shall be provided along the entire street or alley frontage where any portion of the street or alley frontage is abutting a zone receiving transition and along the interior property line abutting the zone receiving transition. The landscape buffer shall comply with Type I landscaping, as described in Chapter 19.25. Driveways shall not be allowed within the landscape buffer area, unless, in the opinion of the Director, there is no feasible alternative for providing access. If allowed, driveway width shall be the minimum necessary to provide safe access. [Ord. 484 § 1, 2008; Ord. 313 § 1, 2000]

B. Building height shall not exceed 35 feet.

C. Building facade modulation shall be provided on facades that exceed 60 feet in length and are oriented toward the zone receiving transition. The following standards shall apply:

i. The maximum wall length without modulation shall be 30 feet.

ii. The minimum modulation depth shall be three feet.

iii. The minimum modulation width shall be eight feet.

D. Roofline variation shall be provided on rooflines that exceed 60 feet in length and are oriented toward the zone receiving transition. Roofline variation shall be achieved by using one or more of the following methods: vertical or horizontal offset in ridge line, variation of roof pitch, gables, or any other technique approved by the Director that achieves the intent of this section. The following standards shall apply:

i. The maximum roof length without modulation shall be 30 feet.

ii. The minimum horizontal or vertical offset shall be three feet.

iii. The minimum variation length shall be eight feet.

E. Mechanical equipment shall be located as far away as possible from the zone receiving transition, but not in a front setback or required perimeter landscaping.

F. Truck loading spaces, and refuse collection areas shall be located as far away as possible from the zone receiving transition, but not in a front setback or required perimeter landscaping.

4. Administrative Adjustment.

The applicant may request and the Director may grant an adjustment to the standards in this section through a Type 1 review process upon a showing that the proposed adjustment:

A. Will not be detrimental to surrounding properties; and

B. Will comply with the purpose and intent of this section (BMC 19.17.015.1); and

C. Will provide equal or greater protection for the zone receiving transition than strict compliance with this section would provide.

19.17.020 Vendor Carts.

1. Vendor carts complying with all of the following criteria are allowed:

A. A City of Burien business license must be obtained.

B. Vending of food and beverages must meet all health and licensing standards established by the King County Health Department.

C. The vendor cart must comply with applicable requirements of the City of Burien Construction Code.

D. Any vendor cart proposed in the City right-of-way must also obtain a City street use permit.

E. Vendor carts are not allowed in residential zones.

F. The vendor cart shall not be located in any required parking, setback, or landscape area.

G. The vendor cart location shall minimize conflicts between pedestrian and vehicular circulation and minimize traffic congestion.

H. Drive-up or drive-through vendor carts are not allowed.

I. The vendor cart shall not be more than eight (8) feet long, five (5) feet high, and four (4) feet wide. A five (5) foot clearance exclusively for pedestrian circulation shall be provided on the street side or parking lot side of the cart and accessory appurtenances, including seating areas.

J. The cart must have at least two (2) functional wheels and positive locking wheel devices. The wheels of the cart must be locked while the cart is outside of a building.

K. Mechanical audio or noise-making devices are not allowed.

L. The vending site must be kept clean at all times. The vendor must supply a refuse container.

M. One sign is permitted, not to exceed eight square feet, which may be double-sided. Portable signs (such as sandwich or A-frame signs) are not allowed.

N. The hours of operation shall be 5am to 12:00 midnight.

2. Vendor carts that do not comply with one or more of the criteria in BMC 19.17.020.1.D through 19.17.020.1.N may be allowed through a Type 1 review if the proposal:

A. Will be compatible with adjacent land uses and zones, and

B. Will be consistent with the purpose of the zone in which it is located, and

C. Will not be detrimental to public health, safety or welfare.

19.17.030 Adult Entertainment Facilities

1. Purpose and intent. The purpose and intent of requiring standards for adult entertainment facilities is to mitigate the adverse secondary effect caused by such facilities and to maintain compatibility with other land uses and services permitted within the city.

2. Applicability. The standards in this section apply to all adult entertainment facilities, as defined in BMC 19.10.017 and are not subject to a variance.

3. Limitations. The standards in this section shall not be construed to restrict or prohibit the following activities:

A. A theater or performing arts institution that presents a play, opera, musical, dance or other dramatic work that is not distinguished or characterized by a predominant emphasis on nudity or sexual conduct; or

B. A public or private educational institution, administered, licensed or recognized as a public or private educational institution by the State of Washington, that provides a modeling session or other class or seminar depicting nudity or sexual conduct.

4. Location and separation requirements.

A. An adult entertainment facility shall only be located in the I (Industrial) and Airport Industrial (AI) zones.

B. An adult entertainment facility shall not be permitted to locate within 330 feet of any of the following sensitive zones or uses in the City of Burien, or their equivalent sensitive zones or uses outside of the city limits:

i. Any RS zone, RM zone, or any dwelling unit;

ii. Any day care operation or recreational facility attended by minors;

iii. Any school, preschool or nursery school;

iv. Any public park and recreation facility;

v. Any religious facility;

vi. Any public library or community center; and

C. An adult entertainment facility shall not be permitted to locate within 1,000 feet of any other adult entertainment facility.

D. The 330 foot distance in BMC 19.17.030.4.B shall be measured by extending a straight line between the nearest boundary line of a sensitive zone or nearest property line of the lot containing the sensitive use, to the closest point of the structure containing an adult entertainment facility, whichever is the greater distance.

5. Waiver of separation requirements.

An applicant may obtain a waiver of the separation requirements required by BMC 19.17.030.4.B and C through a Type 3 review, only if the applicant demonstrates that all of the following criteria are met:

A. The extent to which physical features would result in an effective separation between the proposed adult entertainment facility and any uses or zones identified in BMC 19.17.030.4.B in terms of visibility and access; and

B. The extent to which the proposed adult entertainment facility complies with the goals and policies of the Burien Comprehensive Plan; and

C. The extent to which the proposed adult entertainment facility is compatible with adjacent and surrounding uses; and

D. The availability or lack of alternative locations for the proposed adult entertainment facility; and

E. The extent to which the proposed adult entertainment facility can be avoided by alternative vehicular and pedestrian routes; and

F. The extent to which the applicant can minimize the adverse secondary effects associated with the proposed adult entertainment facility. [Ord. 529, 2009, Ord. 396 § 1, 2003, Ord. 291 § 2, 2000]

19.17.040 Cargo Containers

1. Purpose. The purpose of this section is to promote vibrant, attractive pedestrian mixed use areas while protecting residential neighborhoods and allow use of cargo containers by Burien businesses, contractors and community-related uses to provide secure, easily accessible accessory storage at relatively inexpensive levels.

2. Temporary Use. Cargo containers may be used for temporary storage of equipment and/or materials at a construction site during active construction that is authorized by a city permit.

3. Cargo containers are not allowed in the Downtown Commercial (DC), Office (O), Neighborhood Center (CN), Professional Residential (PR) and Special Planning Area 1 (SPA-1) zones, except as permitted in subsection (2) of this section.

4. Cargo containers are permitted as accessory uses in residential zones at a community facility, government facility, hospital, public park and recreation facility, or school.

A. All requirements, permits and approvals of BMC Titles 15 and 19 pertaining to structures shall apply, including but not limited to setbacks, lot coverage, critical area and transition area requirements.

B. Cargo containers located within a residential zone shall be no greater in size than ten (10) feet by twenty (20) feet, and shall have a stick-built structure constructed to completely enclose the cargo container. Upon removal of the cargo container the screening structure shall also be removed. No stick-built structure shall be required if the cargo container is totally screened from abutting residential zone lots as determined by the Director.

C. Cargo containers shall not be stacked.

D. Cargo containers shall not occupy any required off-street parking spaces, vehicular access, pedestrian facilities or landscape areas for the site.

5. Cargo containers are permitted as accessory uses in the Industrial (I), Intersection Commercial (CI), Community Commercial (CC-1 and CC-2), Regional Commercial (CR), Special Planning Area 3 (SPA-3), Airport Industrial (AI) zones and in the SPA-2 zone as part of the master plan review (pursuant to BMC 19.15.060.1). Cargo containers in these zones are subject to the requirements below. Airplane unit load devices located in the I and AI zones are not regulated as cargo containers.

B. Cargo containers shall be screened from abutting rights-of-way and adjoining lots with a minimum of 10 feet of Type I landscaping. The Director may approve alternate screening that achieves the intent of a visual barrier. In reviewing alternate screening, the Director shall consider the proposed location of the cargo container, amount of usable space on the site for landscaping, view of the cargo container from abutting rights-of-way and adjoining lots, and the physical condition of the cargo container. All proposed screening shall be submitted for the review and approval by the Director.

C. Cargo containers shall not be located between a building and front property line. On a site with all front property lines, the cargo container shall be placed in a location that minimizes visual impact of the cargo container from surrounding streets and properties.

D. Cargo containers shall be painted to match the primary color of the adjacent building. If the cargo container is located within a building or not visible from abutting rights-of-way and adjoining lots as determined by the Director, painting is not required.

E. A cargo container located within 100 feet of a residential zone shall be no greater in size than ten (10) feet by twenty (20) feet, and shall have a stick-built structure constructed to completely enclose the cargo container. Upon removal of the cargo container the screening structure shall also be removed. No stick-built structure shall be required if the cargo container is totally screened from abutting residential zone lots as determined by the Director.

F. Cargo containers shall not occupy any required off-street parking spaces, vehicular access, pedestrian facilities or landscape areas for the site.

G. Cargo containers may be stacked two-high in the Industrial (I) zone, and shall not be stacked in any other zone.

H. Cargo containers shall not be used for warehouse/storage as the primary use of the property.

I. Outdoor cargo containers shall not be refrigerated.

6. Legal Nonconforming Cargo Containers. Cargo containers that have been legally located on a site prior to November 12, 2002, shall be a legal nonconforming structure. In addition to the provisions for nonconforming structures in Chapter 19.55 BMC, cargo containers shall lose legal nonconforming status under the following circumstances:

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

B. If a legal nonconforming cargo container is removed from a site, any subsequent cargo containers placed on the site shall comply with the requirements of BMC Titles 15 and 19.

7. Illegal Cargo Containers. Cargo containers located on a site prior to {Effective date of ordinance} that do not have all required permits and approvals are considered illegal and shall have until {12 months after effective date of ordinance} to either come into compliance with BMC Titles 15 and 19 or be removed.

8. Permits for cargo containers shall include all necessary approvals from the Director, Building Official and Fire Marshal. Required permits include a building permit and a General Use Fire Permit. Use of the container shall not inhibit the Building Official and/or Fire Marshal from conducting all necessary inspections. [Ord. 560 § 1 (Exh. A), 2012; Ord. 529, 2009, Ord. 396 §1, 2003, Ord. 369 §1, 2002; Ord. 313 §1, 2000]

19.17.050 Repealed. [Ord. 479 §1, 2007]

19.17.060 Residential Accessory Uses.

1. General. Uses, structures and activities that are customarily associated with residential uses are allowed in all residential zones and in any zone in which residential uses are allowed. The residential accessory use shall be subordinate and incidental to the residential use of the property. Such uses include but are not limited to: accessory living quarters; storage of yard maintenance equipment; storage of private vehicles and recreational equipment; pools, private docks and piers; antennae for private telecommunications services; on-site rental office for apartment complexes; and fallout/bomb shelters. Other residential accessory uses, such as accessory dwelling units, home occupations, bed and breakfast establishments and keeping of animals, are allowed subject to special regulations in Chapter 19.17. [Ord. 355 §1, 2002]

2. Residential Accessory Structures.

A. Accessory structures to a single detached dwelling unit shall not exceed the lesser of:

i. Fifteen percent of the total lot area; or

ii. Eighty percent of the footprint of the primary residential structure;

B. The maximum height of a residential accessory structure may not exceed 10 feet above the existing height of the primary residential structure or the maximum height allowed in the zone, whichever is less;

C. The Director may allow minor deviations to these dimensional requirements in order to accommodate industry standards for building dimensions. [Ord. 523 § 1, 2009]

19.17.070 Accessory Dwelling Units.

1. Purpose. Accessory dwelling units (ADUs) implement the housing policy provisions of Burien’s comprehensive plan by creating an affordable housing alternative and providing a choice of housing that responds to changing needs and lifestyles by offering rental income, security, and companionship to individuals and families. The purpose of the ADU regulations is to allow ADUs on lots with single detached houses while achieving the following:

A. Increase the number of affordable housing units;

B. Accomodate incremental growth in neighborhoods while preserving residential quality of life;

C. Provide for a variety of housing types that meet the needs of Burien’s diverse population at all stages of life; and

D. Encourage housing that allows residents to remain in their communities and neighborhoods as their needs change.

2. Requirements. An accessory dwelling unit is allowed as an accessory use to a single detached dwelling unit, provided the following requirements are met:

A. Number. A maximum of two accessory dwelling units are allowed per single detached house. [Ord. 479 §1, 2007]

B. A maximum of one detached accessory dwelling unit and one attached accessory dwelling unit is allowed per single detached house. [Ord. 479 §1, 2007]

C. For the purpose of this section “attached” shall mean that the primary unit and ADU have at least one common wall and appear to be contained within one structure. Connection through a breezeway or covered pathway shall not constitute an attached ADU. [Ord. 479 § 1, 2007]

D. Size.

i. Internal or attached ADUs shall not exceed 1,000 square feet and detached ADUs shall not exceed 800 square feet.

ii. The Director may make exceptions to size limitations to allow for the better utilization of existing spaces. Buildings must be at least five years old to be eligible for an exception to the size limitation.

E. Design. ADUs shall meet the following design requirements:

i. All new structures/additions must meet current development standards for the zone in which the property is located.

ii. Additions shall be consistent with the facade, roof pitch, siding and windows of the existing structure.

iii. Detached structures shall match (or complement) the design of the primary unit and must integrate well with the single-family character of the neighborhood. Trailers, recreational vehicles, or other such accommodations shall not be allowed as an ADU.

3. Legalization of Nonconforming ADUs. ADUs existing without city approval may be legalized if the owner applies for the applicable permits. [Ord. 794 § 2, 2022; Ord. 724 § 1, 2019; Ord. 652 § 1, 2017; Ord. 560 § 1, 2012; Ord. 479 §1, 2007, Ord. 355 §1, 2002]

19.17.080 Bed and Breakfast Establishments

1. Purpose. The purpose of the bed and breakfast regulations is to provide small-business opportunities for Burien residents, provide an alternative form of lodging for visitors and to protect the residential character of neighborhoods in the City.

2. Applicability. The regulations of section 19.17.080 apply to bed and breakfast establishments in residential zones (RS and RM), Professional Residential (PR) and the Neighborhood Center (CN) zone. Bed and breakfast establishments in zones that allow lodging facilities are subject to those regulations.

3. Standards for operation of a bed and breakfast establishment.

A. Accessory Use. The bed and breakfast use must be accessory to the permanent residence of the operator.

B. Residential Character. Internal or external alterations of the structure that make the dwelling appear less residential in character are not allowed. Such changes may include paving of setbacks, constructing large parking areas visible from the street or neighboring properties and commercial type lighting.

C. Food Service. Food service may be provided only to overnight guests of the bed and breakfast.

D. Maximum Size. Bed and breakfasts are limited to three (3) bedrooms for guests. No more than ten (10) people total (including residents) may be accommodated overnight.

E. Parking. In addition to the required parking for the residential use, one on-site parking space is required for each room that is available for guests.

F. Employees. One non-resident employee is allowed on the premises at any one time. Occasional services provided by outside contractors, such as yard care or building maintenance, are not counted as non-resident employees.

G. Events. Meetings and social gatherings, including banquets, weddings, parties, retreats or other gatherings for direct or indirect compensation, are prohibited.

H. Business License. Bed and breakfast establishments are required to obtain a business license from the City Clerk’s office.

I. Signs. Signs for bed and breakfasts are subject to the standards in BMC 19.30 Signs, as now in affect, and as may be subsequently be amended. [Ord. 529, 2009, Ord. 355 §1, 2002]

19.17.090 Home occupations

1. Purpose. The purpose of the home occupation regulations is to encourage flexibility in the work place and promote small-business opportunities in Burien by allowing home occupations. The further purpose of the regulations is to protect the residential character of neighborhoods by ensuring that home occupations are of a scale and intensity that is compatible with residential areas.

2. Home Occupation Types.

A. Type A home occupations are those that have no employees or customers come to the site and that do not use machinery or use or store hazardous substances on the premises. Type A home occupations may use equipment commonly found in a single-family home or professional office, such as computers, fax machines and copiers.

B. Type B home occupations are those that have one employee or any number of customers come to the site, use machinery, such as wood or metal shop tools, or use or store hazardous substances on the premises.

3. Licensing and Permits Required.

A. All home occupations (Type A and Type B) are required to obtain a City of Burien business license from the City Clerk’s Office.

B. Type B home occupation license procedures shall require:

i. Licensees for home occupations that utilize machinery and/or use or store hazardous substances to apply for and obtain approval from the Building Official and Fire Marshal before operating the home occupation.

ii. An inspection prior to the issuance of a Type B home occupation license or as necessary to ensure compliance with applicable codes and conditions of the license.

iii. Upon approval of a Type B home occupation license, that the Department of Community Development issue a notice to residents abutting and across the street from the home occupation and within 300 feet along the street in both directions. The notice shall describe the approved home occupation and standards by which it must operate.

iv. The Director to take appropriate action to enforce the requirements of this section. Failure to comply with the regulations of this section or conditions of the permit may result in the home occupation license being revoked or denial of an application for renewal of the license.

4. Permitted Home Occupations. Residents of a dwelling unit may conduct one or more home occupation as accessory activities, provided they comply with the standards of this section and are not prohibited by subsection A below or another section of this code. The rational for restricting the specific uses listed below is based on the goals and policies of the comprehensive plan, which generally states that well established residential areas should be protected from encroachment of non-residential uses that may be detrimental to those residential areas. The following uses are inconsistent with the goals and policies of the comprehensive plan and are restricted due to incompatibilities including but not limited to noise generation, visual appearance, odor and traffic impacts that are detrimental to residential areas:

A. Prohibited home occupations.

i. Automobile, truck and heavy equipment repair, body work or painting

ii. Large or small engine repair

iii. Large appliance repair

iv. Parking and storage of heavy equipment or vehicles

v. Storage of building materials for use on other properties

vi. Headquarters or dispatch centers where more than one employee comes to the site and are dispatched to other locations

vii. Commercial kennels, catteries and stables

viii. Commercial painting

ix. Religious facilities (see BMC 19.15 for specific zoning requirements)

x. Marijuana producers, processors and retailers. [Ord. 599 § 1, 2014]

5. Standards for Operation of a Home Occupation.

A. Type A home occupation standards prohibit:

i. Employees. Nonresident employees on the premises.

ii. Customers. Customer visits to the premises.

B. Type B home occupation standards require:

i. Employees. No more than one nonresident employee on the premises at any one time.

ii. Parking. In addition to required parking for the dwelling unit, on-site parking as follows:

a. One stall for a nonresident employee that will work on the premises; and

b. One stall for customers when services are rendered on-site.

iii. Customers. Customer visits to Type B home occupations between 8 a.m. to 8 p.m. No more than one customer may be at the residence at a time and no more than 8 customer visits shall occur in any 8 a.m. to 8 p.m business day. For this section, one customer may consist of more than one person, such as a family.

C. Size. The total area devoted to all home occupation(s) shall not exceed 25 percent of the combined gross floor area of the primary residence and permitted accessory buildings, provided the floor area must be enclosed within a building to be counted.

D. Location. Home occupations may be conducted in the primary residence or a permitted accessory building. All the activities of the home occupation(s) shall be conducted indoors, except for those related to the growing or storing of unregulated or lawful plants used by the home occupation(s). Exterior storage, display, or repair of goods or equipment related to the home occupation(s) is prohibited.

E. Retail Sales. Retail sales shall be limited to items produced on-site or incidental sales of items associated with a service provided by the home occupation.

F. Vehicles. The home occupation(s) may use or store one (1) vehicle for pickup or delivery of materials used by the home occupation(s), provided:

i. Such vehicle shall not park on adjacent streets or within any required setback areas of the lot, except for the driveway; and

ii. Such vehicle shall not exceed a gross vehicle weight rating of 10,000 pounds or capacity of one ton or similarly sized vehicle. The Director shall have the final determination authority on vehicle size and should consider potential impacts on the residential character of the neighborhood and/or surrounding properties.

G. Deliveries to the home occupation(s) are permitted between 8 a.m. and 8 p.m. Vehicles used to deliver goods to the home occupation are limited to passenger vehicles, mail carriers, and express carriers such as UPS.

H. Operation of the home occupation(s) shall comply with all applicable regulations, including but not limited to the Burien Municipal Code, International Building Code, and International Fire Code, and shall not:

i. Create vibrations, heat, glare, dust, odors, or smoke that is discernible at the property lines and is offensive to a reasonable person;

ii. Create noise exceeding 55 decibels at the property line from 8 a.m. to 8 p.m. or any noise discernible by the human ear at the property lines from 8 p.m. to 8 a.m. or noise considered a nuisance under Chapter 8.45 BMC;

iii. Change the building occupancy classification of the structure(s) used for the home occupation(s);

iv. Use or store hazardous substances in excess of those normally allowed in a residential area under the International Building Code and International Fire Code;

v. Create any electrical, magnetic, or other interference off the premises; or

vi. Consume utility quantities that negatively impact the delivery of utilities to surrounding properties.

I. Residential Character. Internal or external alterations that make the property appear less residential are prohibited. Examples of such changes may include paving of setbacks, constructing large parking areas visible from the street or neighboring properties and commercial type lighting. The use of commercial mobile offices is prohibited.

J. Signs. Signage for home occupations is subject to the standards in BMC 19.30.050. [Ord. 523 § 1, 2009]

6. Exceptions.

A. Telecommuting is not classified as a home occupation and is not subject to the regulations of this section. For the purpose of this section, telecommuting is work done from home on a part-time basis for a business that is based off the premises. Telecommuting does not allow for non-resident employees or customer visits.

B. Bed and breakfast establishments are not subject to the regulations of this section. Regulations for bed and breakfast establishments are in Section 19.17.080.

C. Family daycare homes are not subject to the regulations of this section. Regulations for family daycare homes are located in Chapter 19.15 BMC, Use Zone Charts.

D. Garage sales, yard sales, temporary home boutiques or bazaars for handcrafted items, parties for display of domestic products, and other such uses are not subject to the regulations of this section, provided that any such use does not exceed three (3) days in duration and does not operate more than nine (9) days in a calendar year. [Ord. 753 §§ 1, 2, 2021; Ord. 620 § 1, 2016; Ord. 560 § 1, 2012; Ord. 355 §1, 2002]

19.17.100 Keeping of Animals

1. Purpose. The raising, keeping and breeding of animals are sources of enjoyment, recreation and learning for Burien residents. The purpose of this section is to establish regulations for the keeping of animals in residential areas that will enhance and preserve compatibility between neighboring properties, minimize nuisances and disturbances caused by animals, minimize the impact of livestock on the environment and prevent cruelty to animals.

2. Permitted accessory use. The raising, keeping and breeding of small animals, bees and livestock are allowed as an accessory use to residential uses in any zone or as an accessory use to any permitted use in a residential zone, subject to the regulations of this section and BMC Title 6, Animals.

3. Prohibited activities. Commercial kennels and catteries and fee boarding of small animals or livestock are not allowed unless specifically allowed in Chapter 19.15 BMC, Use Zone Charts. This prohibition does not apply to hobby kennels and catteries that comply with the requirements of this section and BMC Title 6, Animals.

4. Small animals. The maximum number of small animals are as follows, provided young of adult small animals on the premises under 3 months in age are excluded from the density limitations:

A. Small animals which are kept in a dwelling as household pets including those kept in aquariums, terrariums, cages or similar containers shall not be limited in number, except as may be provided in BMC Title 6.

B. Other small animals kept outside, except those otherwise regulated by this subsection, shall be limited to three per household on lots of less than 20,000 square feet, five per household on lots of 20,000 square feet, with an additional one allowed per 5,000 square feet of site area over 20,000 square feet up to a maximum of 20.

C. The total number of unaltered adult cats and dogs per household shall not exceed three, whether those animals are kept in a dwelling or outside, unless approved under a hobby kennel or cattery license.

D. Miniature potbelly pigs. That type of swine commonly known as the Vietnamese, Chinese, or Asian Potbelly Pig (Sus scofa bittatus). One of the small animals allowed under subsection (4)(B) of this section may be a miniature potbelly pig, provided that it does not exceed 22 inches in height at the shoulder or more than 150 pounds in weight.

E. Miniature goats. The types of goats commonly known as Pygmy, Dwarf, and Miniature Goats. Up to two miniature goats may be kept in addition to the small animals allowed under subsection (4)(B) of this section, on any lot provided:

i. It does not exceed 24 inches at shoulder or more than 150 pounds in weight;

ii. A minimum of 800 square feet of outdoor space with a shelter enclosure shall be devoted for goat(s); and shall maintain a distance of not less than 10 feet to any property line;

iii. Nursing offspring of miniature goats may be kept until weaned, no longer than 12 weeks from birth.

F. Domestic fowl and rabbits. Any combination of three (3) domestic fowl and rabbits, with the exception of roosters, may be kept on any lot in addition to the small animals permitted in the preceding subsections. Five (5) on lots equal to or greater than 7,200 square feet, 1 additional domestic fowl or rabbit may be kept per each 2,000 square feet of lot area to a maximum of 15; over 15 domestic fowl may be kept on lots greater than 20,000 square feet if a farm management plan, developed with the King Conservation District, is implemented and maintained.

i. A suitable pen, structure or enclosure to house and safeguard domestic fowl and rabbits from predators shall be provided and located no less than 10-feet from the property line.

ii. Maintenance and upkeep of domestic fowl and rabbit areas shall meet the following United States Department of Agriculture (USDA) prevention measures to minimize public health concerns and nuisances:

a. Remove wet manure, bedding and feed to minimize odor, prevent bacterial growth and limit flies that can spread contamination;

b. Store feed in rodent-proof containers;

c. Properly compost chicken manure prior to using it for fertilizer to prevent the growth of harmful bacteria; and

d. Regularly clean and sanitize feeders and water dispensers.

G. Birds. Birds kept outside of a dwelling unit shall be kept in an aviary or loft that meets the following standards:

i. The aviary or loft shall provide one-half square foot for each parakeet, canary or similarly sized birds, one square foot for each pigeon, small parrot or similarly sized bird, and two square feet for each large parrot, macaw or similarly sized bird;

ii. Aviaries or lofts shall not exceed 700 square feet;

iii. The aviary is set back at least 10 feet from a separate owner’s property line, and 20 feet from any dwelling unit on adjacent properties.

H. Setbacks, maintenance and upkeep of animal areas. Except otherwise regulated by this subsection, setbacks, maintenance and upkeep of animal areas shall meet the following standards:

i. Any covered structure used to house or contain 4 or more small animals shall maintain a distance of not less than 10 feet to any property line and 20 feet from any dwelling unit on adjacent properties;

ii. All covered structures, confinement areas and open run areas shall be kept clean to prevent infestation of insects, rodents or disease as well as to prevent obnoxious or foul odors;

iii. Animal waste shall be properly disposed of and any accumulated animal waste must not be stored within the setback area. Any storage of animal waste must not constitute a nuisance as defined in Chapter 8.45 BMC, Nuisances;

iv. Manure when used as a fertilizer must be plowed or spaded under within 24 hours after application;

v. Store feed in rodent-proof containers; and

vi. Provisions shall be made to ensure that animal food stored outdoors will not attract rodents or insects.

I. Prohibited small animals. The keeping of roosters, mink, foxes and any exotic or wild animals that could pose a public threat or have an obnoxious nature which is a nuisance to the adjacent neighborhood are prohibited.

5. Beekeeping.

A. Beehives are limited to 2 hives on sites less than 10,000 square feet, 4 on sites between 10,000 and 20,000 square feet, 10 on sites between 20,000 square feet and 1 acre, 20 on sites between 1 and 1.5 acres, and 25 on sites between 1.5 and 5 acres.

B. Beehives shall be located at least 25 feet from any property line, except when placed behind a 6 foot high fence, which extends 25 feet beyond the hives in both directions, or placed at least 8 feet above the adjacent ground level.

C. Colonies shall be maintained in movable-frame hives at all times.

D. Adequate space shall be provided in each hive to prevent overcrowding and swarming.

E. Colonies shall be requeened following any swarming or aggressive behavior.

F. All colonies shall be registered with the State Department of Agriculture.

G. Abandoned colonies, diseased bees, or bees living in trees, buildings, or any other space except in movable-frame hives shall constitute a public nuisance, and the City shall take appropriate legal action to abate the nuisance.

6. Livestock.

A. The minimum site that may be used to accommodate livestock shall be 35,000 square feet, provided that the portion of the total site area available for use by the livestock meets the requirements of this subsection.

B. The maximum number of livestock shall be as follows:

i. Horses, cattle and similar sized livestock animals: 1 per acre of area available for the animal’s occupancy;

ii. Llamas, donkeys, miniature horses and cattle and similar sized livestock animals: 1 per .5 acre available for the animal’s use;

iii. Sheep, full sized goats and similar sized livestock animals: 2 per .25 acre of area available for the animal’s occupancy;

iv. Young of adult livestock on the premises that are under six months of age are excluded from the density limitations; and

v. Livestock densities may be increased as follows if a farm management plan, developed with the King Conservation District, is implemented and maintained: Three (3) horses, cows, or similarly sized animals, six (6) llamas, donkeys, miniature horses and cattle or similarly sized animals or fifteen (15) sheep, goats or similarly sized animals per gross acre of total site area. The farm management plan shall incorporate best management practices for grazing and pasture management, manure management, watering and feeding area management, and stream corridor and wetland management. Such plans must include a schedule for implementation and shall be on file with the Department of Community Development. Any Indian tribe with tribal rights to protection of the fisheries habitat provided by the site shall have 60 days from plan submission to comment on the plan. The plan must, as a minimum, achieve 25-foot vegetated buffers for all streams and wetlands on the site, and assure that drainage ditches on the site do not channel animal waste to such streams or wetlands.

C. Critical areas. The keeping of livestock is subject to the review requirements for wetland and stream protection in Chapter 19.40 BMC, Critical areas.

D. Setbacks, maintenance and upkeep of animal areas. Except otherwise regulated by this subsection, setbacks, maintenance and upkeep of livestock areas shall meet the following standards:

i. Any building used to house, confine or feed livestock shall not be located closer than 35 feet to any boundary property line;

ii. Any building used to house, confine or feed livestock shall not be located closer than 35 feet to any dwelling unit or accessory living quarters on the same premises, except that a barn or stable may contain a caretaker’s accessory living quarters;

iii. There shall be no uncovered storage of manure, shavings or similar organic material closer than 45 feet to any dwelling unit, accessory living quarters or boundary property line; and any storage of animal waste must not constitute a nuisance as defined in Chapter 8.45 BMC, Nuisances. Manure when used as a fertilizer must be plowed or spaded under within 24 hours after application;

iv. Provisions shall be made to ensure that animal food stored indoors or outdoors will not attract rodents or insects; and

v. Grazing and confinement areas may extend to the property line.

E. Prohibited livestock. The keeping of hogs is prohibited, with the exception of miniature potbelly pigs allowed under subsection (4)(D) of this section.

7. Categorization of animals. In the event that animals are proposed that do not clearly fall within the categories established by this code, the Director shall determine an appropriate category based on that which is most similar to the animal in question. [Ord. 636 § 1, 2016; Ord. 355 §1, 2002]

19.17.110 Secure Community Transition Facilities

1. Purpose and intent. The purpose and intent of requiring standards for secure community transition facilities (SCTFs) is to comply with RCW 71.09 while maintaining compatibility with other land uses and services permitted within the city.

2. Applicability. The standards in this section apply to all SCTFs proposed and approved pursuant to BMC 19.15 and are not subject to a variance.

3. Maximum number of residents: No SCTF shall house more than 3 persons, excluding resident staff.

4. Siting Criteria:

A. SCTFs shall locate in the Industrial zone or Airport Industrial (AI) zone.

B. SCTFs should be located in relationship to transportation facilities in a manner appropriate to their transportation needs.

C. No SCTF shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits:

i. Within 330 feet of any residential zone;

ii. Adjoining, immediately across a street or parking lot from, or within the line of sight of a “risk potential activity” as defined in RCW 71.09.020, as amended.

iii. Within one mile from any existing SCTF, work release, prerelease, or similar facilities as defined in RCW 71.09.250(8) and (9).

D. The distances specified in subparagraph C of this subsection shall be measured by following a straight line from the nearest point of the building in which the SCTF is to be located, to the nearest point of the zoning boundary line or property line of the lot on which the use from which the proposed SCTF is to be separated is located.

5. On-Site Facilities Required: Each SCTF shall provide on-site dining, on-site laundry or laundry service, and on-site recreation facilities to serve the residents.

6. Application Materials: In addition to the regular application materials required for a Land Use Review pursuant to BMC 19.65.030.2, an application for an SCTF shall also include:

A. The siting process used for the SCTF, including alternative locations considered.

B. An analysis showing that utmost consideration was given to potential sites such that siting of the facility will have no undue impact on any one racial, cultural, or socio-economic group, and that there will not be a resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction, or region.

C. Proposed mitigation measures including the use of extensive buffering from adjoining uses.

D. A general overview of planned security for the facility.

E. A schedule and analysis of all public input solicited or to be solicited during the siting process. [Ord. 529, 2009, Ord. 396 §1, 2003, Ord. 363 §1, 2002]

19.17.120 Building Height measurement methods.

1. Building height shall be measured from the average natural grade to the highest point of the structure. To determine compliance with the height limit:

A. Review of plans and elevations provided by the applicant:

i. The site plan shall indicate the natural and proposed finished grade and building footprint, and

ii. Building elevations shall be provided for each side of the structure.

Site plan and building elevation submittal requirements shall be set forth in administrative procedures.

On sloping lots or when a structure is proposed within two feet of the height limit, the natural grade shall be evidenced by a topographical map and supporting information. A topographical map may not be required where the change in elevation of the lot is less than 15 feet in a horizontal distance of 100 feet within the proposed building lot (15 percent slope).

B. The average natural grade is measured by delineating the smallest square or rectangle which can enclose the building footprint and then averaging the elevations taken at the midpoint of each side of the square or rectangle.

C. The height of a structure is measured from the average natural grade vertically to the highest point of the structure.

D. Compliance with the height limit shall be determined by:

i. Field verification by building official or designee of the establishment of the bench mark for a topographic map, if applicable,

ii. Review of building permit plans,

iii. Field verification at the completion of building framing.

On sloping lots or when the structure is within two feet of the height limit, certification by a licensed surveyor is required.

On all other structures, verification by the building official or designee is required at the time of the framing inspection. [Ord. 428 § 3, 2005; Ord. 252 § 3, 1999; Ord. 103 § 6, 1994; Ord. 28 § 1(341), 1993]

19.17.130 Height – Exceptions to limits.

The following structures may be erected above the height limits of BMC 19.15.

1. Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar equipment required for building operation and maintenance. Roof structures extending above the height limit shall be the minimum necessary to achieve the desired outcome and purpose of the building height projection; and

2. Fire or parapet walls, skylights, flagpoles, chimneys, smokestacks, church steeples, communication transmission and receiving structures, personal wireless service facilities regulated by BMC 19.50, utility line towers and poles, and similar structures. [Ord. 484 § 1, 2008; Ord. 428 § 3, 2005; Ord. 28 § 1(353), 1993]

19.17.140 Height – Limits near major airports.

No building or structure shall be erected nor shall any tree be allowed to grow to a height in excess of the height limit established by the airport height maps for the Seattle-Tacoma International Airport. [Ord. 428 § 3, 2005; Ord. 28 § 1 (354), 1993]

19.17.150 Calculations – Allowable dwelling units.

1. The maximum allowed number of dwelling units, shall be computed by multiplying the net site area (in acres) by the applicable residential density. However in the RS zones, no lot shall be created less than the required minimum lot area except through the application of lot averaging as provided by BMC 19.15 and/or clustering as provided by BMC 19.40.230

2. Only whole numbers will be utilized in determining permitted number of units or floor area. When calculations result in a fraction, the fraction shall be rounded down to the nearest whole number. [Ord. 269§ 1, 1999; Ord. 103 § 7, 1994; Ord. 28 § 1(343), 1993]

3. Submerged lands are not counted toward density or floor area calculations. [Ord. 428 § 3, 2005; Ord. 252 § 5, 1999; Ord. 28 § 1(344), 1993]

19.17.160 Lot area – Prohibited reduction.

Any portion of a lot that was required to calculate and ensure compliance with the standards and regulations of this title shall not be subsequently subdivided or segregated from such lot. [Ord. 428 § 3, 2005; Ord. 28 § 1(345), 1993]

19.17.170 Lot area – Minimum lot area for construction.

Except as provided for nonconformances by Chapter 19.55 BMC:

In the R or PR zones construction may be permitted on:

1. Any legally subdivided lot of record created by the City of Burien; or

2. Any legally subdivided lot of record created prior to February 28, 1993, or created prior to any annexation into the City; or

3. Any lot created prior to the enactment of any applicable state subdivision statute, provided the size of the lot was not reduced by more than 50 percent through acquisition for public purposes. On such lots new homes may be built and existing houses may be expanded and remodeled. Applicable setbacks, lot coverage, critical area restrictions, design review requirements (if any), height limits and other applicable regulations in the zoning code shall be met. [Ord. 529, 2009, Ord. 428 § 3, 2005]

19.17.180 Setbacks – Specific building or use.

When a building or use is required to maintain a specific setback from a property line or other building, such setback shall apply only to the specified building or use. [Ord. 428 § 3, 2005; Ord. 28 § 1(347), 1993]

19.17.190 Setbacks – Modifications.

The following setback modifications are permitted:

1. When the common property line of two lots is covered by an existing building(s), the setbacks required by this chapter shall not apply along the common property line. When a building is substantially improved the director may require a lot line adjustment to adjust or remove the lot line from passing through a building.

2. When a lot is located between lots having nonconforming front setbacks, the required front setback for such lot may be the average of the two nonconforming setbacks or 60 percent of the required front setback, whichever results in the greater front setback. [Ord. 428 § 3, 2005; Ord. 28 § 1(348), 1993]

19.17.200 Setbacks – Regional utility corridors.

1. In subdivisions and short subdivisions, areas used as regional utility corridors shall be contained in separate tracts.

2. In other types of land development permits, easements shall be used to delineate such corridors.

3. All buildings and structures shall maintain a minimum distance of five feet from property or easement lines delineating the boundary of regional utility corridors, except for utility structures necessary to the operation of the utility corridor. [Ord. 428 § 3, 2005; Ord. 28 § 1(349), 1993]

19.17.210 Setbacks – Alleys.

1. A setback is not required abutting an alley, except as provided in subsection (2).

2. Vehicle access points from garages, carports or fenced parking areas shall be setback from the alley property line to provide a straight line length of at least 26 feet from the access point to the opposite edge of the alley. No portion of the garage or the door in motion may cross the property line. [Ord. 428 § 3, 2005; Ord. 28 § 1(350), 1993]

19.17.220 Setbacks – Adjoining half-street or designated arterial.

In addition to providing the standard front setback, a lot adjoining a half-street or designated arterial shall provide an additional width of front setback sufficient to accommodate construction of the planned half-street or arterial. [Ord. 428 § 3, 2005; Ord. 28 § 1(351), 1993]

19.17.230 Setbacks – Projections allowed.

Projections may extend into required setbacks as follows:

1. Fireplace structures, bay or garden windows, enclosed stair landings, closets, or similar structures may project into any setback, provided such projections are:

A. Limited to two per facade;

B. Not wider than 10 feet; and

C. Not more than 24 inches into an interior setback or 30 inches into a front setback; and

D. Total projections on any one facade shall not exceed 50% of the building facade on which they are located.

2. Uncovered porches and decks which exceed 18 inches above the finished grade may project:

A. Eighteen inches into interior setbacks; and

B. Five feet into the front setback;

3. Uncovered porches and decks not exceeding 18 inches above the finished grade may project to the property line;

4. Eaves may not project more than:

A. Eighteen inches into an interior setback;

B. Twenty-four inches into a front setback; or

C. Eighteen inches across a lot line in a zero-lot-line development; and

5. Fences with a height of six feet or less may project into any setback, provided that the sight distance requirements of BMC 19.17.240 are maintained. [Ord. 28 § 1(352), 1993]

6. Retaining structures no higher than 18-inches above finished grade, measured at the lowest point of the wall may be allowed in setbacks.

7. Retaining walls at any height may be located in the setback if it is retaining a cut into the natural grade.

8. Temporary structures may be located within a front or interior setback if 6-feet or less in height. [Ord. 428 § 3, 2005]

19.17.240 Sight distance requirements.

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

1. A sight distance triangle area as determined by subsection (2) of this section shall contain no fence, berm, vegetation, on-site vehicle parking area, signs or other physical obstruction between 42 inches and eight feet above the existing street grade (see Figure 19.17.240-1);

Note: The area of a sight distance triangle between 42 inches and eight feet above the existing street grade shall remain open.

Figure 19.17.240-1

2. The sight distance triangle at:

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

B. A site access point shall be determined by measuring 15 feet along the front property lines and 15 feet along the edges of the driveway beginning at the respective points of intersection. The third side of each triangle shall be a line connecting the endpoints of the first two sides of each triangle; and

3. The director may require modification or removal of structures or landscaping located in required front setbacks, if:

A. Such improvements prevent adequate sight distance to drivers entering or leaving a driveway, and

B. No reasonable driveway relocation alternative for an adjoining lot is feasible. [Ord. 428 § 3, 2005; Ord. 28 § 1(356), 1993]

19.17.250 Mobile home parks – Standards for existing parks.

1. Mobile home parks established prior to February 28, 1993 shall continue to be governed by all standards relating to density, setbacks, landscaping and off-street parking in effect at the time they were approved.

2. Placement of new accessory structures and replacement mobile homes, either standard or nonstandard, in these mobile home parks shall be governed by the dimensional standards in effect when the parks were approved, unless two or more replacement mobile homes are proposed to be installed adjacent to each other under the flexible setback option set forth in BMC 19.17.270. Where internal setbacks are not specified, the average of the prevailing setbacks on the pads to either side of the proposed new or replacement structure shall apply.

3. No spaces or pads in an existing mobile home park shall be used to accommodate recreational vehicles (RVs), except when the spaces or pads were specifically for RVs at the time the park was established.

4. An existing mobile home park may be enlarged, provided the proposed enlargement meets the standards set forth in BMC 19.17.270 and 19.17.280.

5. Only mobile homes meeting either the standards of the Washington State Department of Labor and Industries or the U.S. Department of Housing and Urban Development may be placed in a mobile home park in the city of Burien. [Ord. 545 § 1, 2010, Ord. 28 § 1(371), 1993]

19.17.260 Mobile home parks – Standards for new parks.

New mobile home parks shall be developed subject to the following standards:

1. A mobile home park shall be at least three acres in area;

2. Residential densities in a mobile home park shall be the base density of the zone in which the park is located;

3. Only mobile homes meeting either the standards of the Washington State Department of Labor and Industries or the U.S. Department of Housing and Urban Development may be placed in a mobile home park in the city of Burien;

4. A mobile home park shall be exempt from the building coverage and impervious surface limits set forth in Chapter 19.15 BMC;

5. At least one of the off-street parking spaces required for each mobile home shall be located on or adjacent to each mobile home pad;

6. Internal roads and sidewalks shall provide access to each mobile home space and shall be constructed in accordance with the adopted city of Burien road standards for residential minor access streets;

7. There shall be a minimum of 10 feet of separation maintained between all mobile homes on the site, unless the flexible setback option set forth in BMC 19.17.270 is used. Accessory structures shall be located no closer than:

A. Ten feet to mobile homes on adjacent spaces, unless constructed of noncombustible materials, in which case the minimum setback shall be five feet;

B. Five feet to accessory structures of mobile homes on adjacent spaces; and

C. Five feet to the mobile home or other accessory structures on the same space, except a carport or garage may be attached to the mobile home, and the separation may be waived when such structures are constructed of noncombustible materials;

8. All mobile homes and RVs supported by piers shall be fully skirted; and

9. A mobile home park may include a storage area for RVs owned by residents of the park, provided the storage area contains no utility hook-ups and no RV within the storage area shall be used as living quarters. [Ord. 545 § 1, 2010, Ord. 269 § 3, 1999; Ord. 28 § 1(372), 1993]

19.17.270 Mobile home parks – Alternative design standards.

As an alternative to the building separation and internal street standards of BMC 19.17.260:

1. Building separation requirements or setbacks between mobile homes and accessory structures on adjacent spaces may be modified, provided:

A. The common walls meet the fire protection standards set forth in the International Building Code and the standards set forth in the International Fire Code for duplexes, multifamily and condominium developments, as applicable; and

B. Rental agreement clauses, by-laws or other legal mechanisms stipulate maintenance responsibilities for structures, fences and yards;

2. Private streets may be used with a minimum driving surface of 22 feet in width, provided:

A. The streets comply in all other respects with the road standards;

B. All required parking is located off-street and as specified in BMC Title 12 and BMC 19.20; and

C. Such streets shall not:

i. Directly connect two or more points of vehicular access to the park; or

ii. Serve over 100 dwelling units within the park. [Ord. 545 § 1, 2010, Ord. 28 § 1(373), 1993]

19.17.280 Storage space and collection points for recyclables.

Developments shall provide storage space for the collection of recyclables as follows:

1. The storage space shall be provided at the rate of:

A. One and one-half square feet per dwelling unit in multiple-dwelling developments except where the development is participating in a city-sponsored or approved direct collection program in which individual recycling bins are used for curbside collection;

B. Two square feet per every 1,000 square feet of building gross floor area in office, educational and institutional developments;

C. Three square feet per every 1,000 square feet of building gross floor area in manufacturing and other nonresidential developments; and

D. Five square feet per every 1,000 square feet of building gross floor area in retail developments;

2. The storage space for residential developments shall be apportioned and located in collection points as follows:

A. The required storage area shall be dispersed in collection points throughout the site when a residential development comprises more than one building;

B. There shall be one collection point for every 30 dwelling units;

C. Collection points may be located within residential buildings, in separate buildings/structures without dwelling units, or outdoors;

D. Collection points located in separate buildings/structures or outdoors shall be no more than 200 feet from a common entrance of a residential building;

E. Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on-site, or project into any public right-of-way;

3. The storage space for nonresidential development shall be apportioned and located in collection points as follows:

A. Storage space may be allocated to a centralized collection point;

B. Outdoor collection points shall not be located in any required setback areas;

C. Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on-site, or project into any public right-of-way; and

D. Access to collection points may be limited, except during regular business hours and/or specified collection hours;

4. The collection points shall be designed as follows:

A. Dimensions of the collection points shall be of sufficient width and depth to enclose containers for recyclables;

B. Architectural design of any structure enclosing an outdoor collection point or any building primarily used to contain a collection point shall be consistent with the design of the primary structure(s) on the site;

C. Collection points shall be identified by signs not exceeding two square feet;

D. A six-foot wall or fence shall enclose any outdoor collection point, excluding collection points located in industrial developments that are greater than 100 feet from residentially zoned property;

E. Enclosures for outdoor collection points and buildings used primarily to contain a collection point shall have gate openings at least 12 feet wide for haulers. In addition, the gate opening for any building or other roofed structure used primarily as a collection point shall have a vertical clearance of at least 12 feet; and

F. Weather protection of recyclables shall be ensured by using weather-proof containers or by providing a roof over the storage area;

5. Only recyclable materials generated on-site shall be collected and stored at such collection points. Except for initial sorting of recyclables by users, all other processing of such materials shall be conducted off-site. [Ord. 545 § 1, 2010, Ord. 28 § 1(381), 1993]

19.17.290 Fences.

Fences are permitted as follows:

1. Fences exceeding a height of six feet shall comply with the applicable street and interior setbacks of the zone in which the property is located;

2. The height of a fence located on a rockery, retaining wall, or berm shall be measured from the top of the fence to the ground on the low side of the rockery, retaining wall, or berm;

3. When a protective fence is located on top of a rockery within the required setback area, any portion of the fence above a height of six feet shall be an open-work fence;

4. Electric fences shall:

A. Be permitted in all zones, provided that when placed within RS or RM zones, additional fencing or other barriers shall be constructed to prevent inadvertent contact with the electric fence from abutting property;

B. Comply with the following requirements:

i. An electric fence using an interrupted flow of current at intervals of about one second on and two seconds off shall be limited to 2,000 volts at 17 milliamp;

ii. An electric fence using continuous current shall be limited to 1,500 volts at seven milliamp;

iii. All electric fences in RS or RM zones shall be posted with permanent signs a minimum of 36 square inches in area at 50-foot intervals stating that the fence is electrified; and

iv. Electric fences sold as a complete and assembled unit can be installed by an owner if the controlling elements of the installation are certified by an ANSI-approved testing agency; and

5. Except as specifically required for the necessary security related to a nonresidential use, no barbed or razor-wire fence shall be located in any RS or RM zone. [Ord. 545 § 1, 2010, Ord. 269 § 5, 1999; Ord. 28 § 1(382), 1993]

19.17.300 Trail corridors.

1. Trail easements shall be provided by any development, except for single detached residential permits, when such developments are located within any community or regional trail corridor identified by an adopted Burien functional plan or Burien comprehensive plan identifying community and/or regional trail systems. [Ord. 28 § 1(383), 1993]

2. Trail design shall be reviewed by the city of Burien for consistency with adopted standards for:

A. Width of the trail corridor;

B. Location of the trail corridor on the site;

C. Surfacing improvements; and

D. Use(s) permitted within the corridor. [Ord. 28 § 1(384), 1993]

3. Maintenance of any trail corridor or improvements, retained in private ownership, shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the parks division. [Ord. 545 § 1, 2010, Ord. 28 § 1(385), 1993]

19.17.310 Enhanced services facilities. Added 7/20

1. Purpose. The purpose of these enhanced services facilities regulations is to provide for a needed community service while ensuring that adequate public facilities are available to the residents of these facilities, mitigate incompatibilities between dissimilar uses, and to promote the public health, safety, and general welfare.

2. Applicability. The standards in this section apply to all enhanced services facilities as defined in BMC 19.10.141.5.

3. Licensing Requirements.

a. All ESFs are required to obtain a city of Burien business license as well as demonstrate compliance with all licensing requirements pursuant to Chapter 70.97 RCW, or as amended by the State Legislature.

b. A written management plan shall be provided for the director’s review and approval. At a minimum, a management plan shall address the following components:

i. Identify potential impact(s) on nearby residential uses and proposed methods to mitigate those impacts;

ii. Identify the project management or agency responsible for the support staff and who will be available to resolve concerns pertaining to the facility. The plan shall specify procedures for updating any changes in contact information;

iii. Identify staffing, supervision and security arrangements appropriate to the facility. A 24-hour on-site supervisor is required;

iv. Identify a communications plan in the event that information to the surrounding neighborhood would be needed throughout the time the ESF is in operation. [Ord. 734 § 2, 2020]

19.17.320 Legacy retail storefronts in residential zones.

1. Purpose. These provisions allow the re-establishment of certain storefronts in residential zones. The regulations allow the productive use of structures that are part of Burien’s history, ensure an appropriate scale and intensity of use that is compatible with surrounding residential areas, and provide limited services that may benefit the surrounding neighborhood.

2. Applicability. These standards apply to structures that feature retail storefronts that documentary proof reflects existed before 1950 if the storefront has an essential historic entrance, window(s), cladding, and other architectural features that remain or can be restored consistent with the design and function of the building before 1950.

3. The following standards apply to legacy storefronts.

A. Size. The retail portion of the storefront may not exceed 1,500 square feet in size either as an accessory or stand-alone use.

B. Employees. The number of employees on-site at any time, in addition to any occupant of the property, is limited to 4.

C. Parking. A parking survey shall be submitted demonstrating that adequate parking can be provided on-site and/or on the street to serve all on-site uses with a minimal impact on the surrounding residential areas. Parking for delivery vehicles and employees is permitted on-site and shall be considered as part of the parking survey.

D. Permitted Activities. The following activities are permitted: preparation of food and beverages; sales of small gifts, prepared foods and beverages, wine and beer, and groceries. Outdoor dining is limited to 10 patrons, not within 15 feet of an adjacent residentially zoned property.

E. Prohibited Activities. The sale of spirits or hard liquor beverages is prohibited. Other prohibited activities are consistent with BMC 19.17.090.4.A. Audio amplified sound projected outside of the structure is prohibited.

F. Deliveries. Vehicles used to deliver goods are permitted between 8 a.m. and 8 p.m.

G. Signs. Signage for legacy storefront uses is subject to the standards in BMC 19.30.050, except where an existing sign is consistent with the historic design of the building.

H. Permits Required.

i. All legacy storefronts must obtain a City of Burien business license from the City Clerk’s Office.

ii. Approval of a legacy storefront may be granted through a Type 1 review process if the applicant submits the following information:

a. Documentation that a former historic retail use has been converted to a different use through the presentation of historic photos, tax records, or other verifiable information.

b. Except as necessary to restore a historic retail use, evidence that all other underlying development standards apply.

c. Drawings, photographs, plans, and requested information establishing that any proposed modifications to the structure shall be consistent with the verified historic design of the structure, including the location of doors and window(s), cladding, and other architectural details.

d. A parking survey demonstrating that the proposed use will not present incompatibilities relative to parking supply and parking impacts to surrounding residential streets.

e. An agreement signed by the applicant and City of Burien documenting any conditions of approval. The agreement will be recorded with King County and will run with the title of the property. [Ord. 752 § 2, 2021]