Chapter 18A.02ADMINISTRATION

Sections:

18A.02.100
General Provisions.
18A.02.102
Authority.
18A.02.105
Recodification.
18A.02.110
Severability and Validity.
18A.02.115
Scope and Compliance.
18A.02.120
Consistency with Comprehensive Plan.
18A.02.125
Definitions.
18A.02.130
Rules of Construction.
18A.02.135
Use of a Development.
18A.02.140
Permit Required.
18A.02.145
Exclusions from Permit Requirement.
18A.02.148
Liability.
18A.02.150
Burden and Nature of Proof.
18A.02.152
Complete Application.
18A.02.155
Director Responsibility and Authority.
18A.02.160
Certificate of Occupancy.
18A.02.165
Official Records.
18A.02.170
Forms and Supportive Documentation.
18A.02.175
Fees.
18A.02.180
Security Mechanisms.
18A.02.185
Purpose - Security Mechanisms.
18A.02.190
Guarantee - Security Mechanisms.
18A.02.200
Interpretations.
18A.02.205
Administrative Interpretations, General.
18A.02.210
Interpretations of Text.
18A.02.215
Interpretation of Uses.
18A.02.220
Interpretation of Map Boundaries.
18A.02.225
Interpretation of Unlisted Words and Phrases.
18A.02.230
Computation of Time.
18A.02.235
Measurements.
18A.02.300
Establishment of Zones.
18A.02.310
Overlay Districts.
18A.02.320
Zoning Map.
18A.02.325
Establishment of Lines.
18A.02.330
Use Categories, Types, and Levels.
18A.02.340
Establishing Use.
18A.02.350
Vested Rights.
18A.02.355
Termination of Vested Rights.
18A.02.400
Amendments.
18A.02.405
Purpose - Amendments.
18A.02.410
Initiation - Amendments.
18A.02.415
Public Hearing - Amendments.
18A.02.420
City Council Action/Appeal - Amendments.
18A.02.425
Zoning of Annexed Lands.
18A.02.430
Purpose - Zoning of Annexed Lands.
18A.02.435
Determination of Community Development Director - Zoning of Annexed Lands.
18A.02.440
Recommendation of the Planning Commission - Zoning of Annexed Lands.
18A.02.445
City Council Action - Zoning of Annexed Lands.
18A.02.450
Moratoria - Zoning of Annexed Lands.
18A.02.460
Enforcement - Zoning of Annexed Lands.
18A.02.465
Revocation of Permits.
18A.02.470
Violations.
18A.02.475
Enforcement Measures.
18A.02.500
Permit Processes.
18A.02.502
Process Types - Permits.
18A.02.530
Permit Procedures.
18A.02.540
Process I - Permits.
18A.02.545
Process II - Permits.
18A.02.550
Process III - Permits.
18A.02.560
Process IV - Permits.
18A.02.565
Process V - Permits.
18A.02.570
Legislative Enactments Not Restricted.
18A.02.575
Resubmission of Denied Application.
18A.02.600
Public Notice and Permit Decision Procedures.
18A.02.605
Purpose - Public Notice and Permit Decision Procedures.
18A.02.610
Applicability - Public Notice and Permit Decision Procedures.
18A.02.615
Exemptions - Public Notice and Permit Decision Procedures.
18A.02.620
Preapplication Conference.
18A.02.621
Purpose - Preapplication Conference.
18A.02.622
Applicability - Preapplication Conference.
18A.02.630
Project Permit Applications.
18A.02.635
Determination of Completeness - Permit Application.
18A.02.640
Date of Acceptance - Permit Application.
18A.02.645
Project Review - Permit Application.
18A.02.650
Incorrect Applications - Permits.
18A.02.652
Appeal - Permit Applications.
18A.02.655
Referral of Applications - Permits.
18A.02.665
Public Notice - Permit Application.
18A.02.670
Notice of Application - Permits.
18A.02.675
Published Notice - Permit Application.
18A.02.680
Consistency with Development Regulations and SEPA.
18A.02.685
Initial SEPA Analysis.
18A.02.690
Categorically Exempt Actions - SEPA.
18A.02.695
Planned Actions - SEPA.
18A.02.700
Notice of Public Hearing.
18A.02.710
Hearing Staff Report.
18A.02.720
Open Record Public Hearings.
18A.02.725
Joint Public Hearings.
18A.02.730
Notice of Decision.
18A.02.735
Time Limitations.
18A.02.740
Appeals.
18A.02.755
Repealed.
18A.02.800
Nonconformities.
18A.02.805
Purpose - Nonconformities.
18A.02.810
Applicability – Nonconformities.
18A.02.815
Nonconforming Lots of Record.
18A.02.820
Variances Allowable - Nonconforming Lots of Record.
18A.02.825
Alteration - Nonconforming Lots of Record.
18A.02.830
Nonconforming Uses.
18A.02.835
Maintenance, Alteration and Expansion - Nonconforming Uses.
18A.02.837
Limited Expansion of Multi-Family Residential Dwelling Units in Single Family Residential Zoning Districts.
18A.02.840
Nonconforming Structures.
18A.02.845
Proof of Nonconformity.
18A.02.850
Termination of Nonconforming Status.
18A.02.855
Damage or Destruction - Nonconforming Uses.
18A.02.860
Transfer of Ownership - Nonconforming Uses.
18A.02.865
Administrative Determinations - Nonconforming Uses.
18A.02.870
Review of Administrative Decisions.
18A.02.100General Provisions.
18A.02.102Authority.

This title is adopted on August 20, 2001, by City of Lakewood Ordinance No. 264 pursuant to Chapter 36.70 et. Seq., the Planning Enabling Act, of the Revised Code of Washington (RCW), and which shall become effective as of September 1, 2001. (Ord. 264 § 1 (part), 2001.)

18A.02.105Recodification.

Chapter 18A.12 of the Lakewood Municipal Code (LMC), as set forth in Ordinance 258 dated February 5, 2001 is hereby recodified in its entirety within this title. (Ord. 264 § 1 (part), 2001.)

18A.02.110Severability and Validity.

The sections, paragraphs, sentences, clauses, and phrases of this title are severable. If any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this title, which shall continue in full force and effect. Further, if any section, paragraph, sentence, clause, or phrase of this title is adjudged invalid or unconstitutional as applied to a particular property, use, building, or other structure, the application of said portion of this title to other property, uses, buildings, or structures shall not be affected. (Ord. 264 § 1 (part), 2001.)

18A.02.115Scope and Compliance.

The provisions of this title shall apply to all incorporated areas of the City of Lakewood, Washington. A parcel of land or water area may be used, developed by land division or otherwise, and a structure shall be used or developed by construction, reconstruction, alteration, occupancy or otherwise only as this title permits and each development shall comply with the applicable standards set forth in this title. The requirements of this title apply to the person undertaking a development and/or the user of a development and to those persons’ successors in interest. (Ord. 264 § 1 (part), 2001.)

18A.02.120Consistency with Comprehensive Plan.

This title is intended to implement the adopted planning goals and policies of the City of Lakewood represented in its comprehensive plan and other planning documents. Actions initiated under this title shall be consistent with the comprehensive plan as adopted or hereafter amended. Where a provision of this code is found to be in conflict with the comprehensive plan, applicable goals and/or policies of the comprehensive plan shall be evaluated against the code and shall inform an administrative interpretation by the Director as authorized in LMC 18A.02.155 and 200 (generally). A provision of this title that is in addition to another requirement of this title is not in conflict, but shall be considered to be supplementary to one another. (Ord. 552 § 2, 2012; Ord. 264 § 1 (part), 2001.)

18A.02.125Definitions.

The definitions contained in this title are generally those listed in Chapter LMC 18A.90, Definitions and Abbreviations, except for those definitions specified in LMC 18A.50.600, Signs; LMC 18A.50.700, Housing Incentives Program; and LMC 18A.40.460, Sexually Oriented Businesses, which are specific to those respective sections. (Ord. 483 § 4, 2008; Ord. 264 § 1 (part), 2001.)

18A.02.130Rules of Construction.

For purposes of this title, certain terms or words used in this title shall be interpreted as follows:

A. The word “person” includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

B. Words used in the present tense includes the future tense, and a singular number includes the plural, and a plural number includes the singular, unless the context clearly indicates the contrary.

C. The word “shall” is always mandatory and is not discretionary; the words “should” and “may” are permissive.

D. The word “used” or “occupied” includes the words “intended, designed or arranged to be used or occupied.”

E. The word “lot” includes the words “plot” and “parcel.”

F. The word “building” and “structure” refers to all other structures or parts thereof.

G. Words importing the masculine gender shall also include the feminine and neuter.

H. When any provision of this title refers to or cites a section of federal law, the Revised Code of Washington (RCW), Washington Administrative Code (WAC), or Lakewood Municipal Code (LMC), and that section is later amended or superseded, this title shall be deemed amended to refer to the amended section or the section that most closely corresponds to the superseded section.

I. When any provision of this title refers to or cites a section heading within this title, that reference or cite refers to all applicable subsections of the entire section text under that heading.

J. Where the responsibility or authority is indicated in this title to lie with the Community Development Director, City Engineer, Building Official or other authorized agent of the City, responsibility or authority shall lie equally with that individual’s duly authorized designee.

K.  The phrase “residential zones” shall refer to the R1, R2, R3, R4, MR1, MR2, MF1, MF2, and MF3 zoning districts. The phrase “single family residential zones” shall refer to the R1, R2, R3, R4, MR1, and MR2 zoning districts. The phrase “multi-family residential zones” shall refer to the MF1, MF2, and MF3 zoning districts. The phrase “commercial zones” shall refer to the NC1, NC2, ARC, CBD, TOC, C1, C2 and C3 zoning districts. The phrase “industrial zones” shall refer to the IBP, I1 and I2 zoning districts.

L. When any provision of this title refers to “the City”, the phrase refers to the government entity of the City of Lakewood. When any provision of this title refers to “the City”, the phrase refers to the city of Lakewood as a location or place. (Ord. 525 § 2, 2010; Ord. 264 § 1 (part), 2001.)

18A.02.135Use of a Development.

A development shall be used only for a lawful use. A lawful use of a development is one that is not prohibited by law and for which the development is designed, arranged, intended and which is legally permitted or is legally nonconforming. (Ord. 264 § 1 (part), 2001.)

18A.02.140Permit Required.

No structure, portion of a structure, or sign shall be hereafter constructed, erected, enlarged, moved, or altered nor shall any use be established or changed until a zoning certification or discretionary land use permit (administrative use permit, conditional use permit, or temporary use permit), as appropriate, and a business license, if required, have been issued by the City. The Building Official shall not issue a building permit for the construction, reconstruction or alteration of a sign, structure or a part of a structure for which said zoning certification or discretionary land use permit, as appropriate, and business license have not been issued. The Community Development Director shall not issue a business license for any new development or use until a zoning certification or discretionary land use permit, as appropriate, has been issued, and said business license and/or building permit is in compliance with the terms of the zoning certification or discretionary land use permit. A fee may be charged for this compliance review. A zoning certification or discretionary land use permit shall only be issued by the Community Development Director or Hearing Examiner in accordance with the provisions of this title for all development activities and uses located within the city, except as excluded by LMC 18A.02.145, Exclusions from Permit Requirement. The Community Development Director or Hearing Examiner shall not issue a zoning certification, business license, project permit or discretionary decision for the improvement or use of land that has been previously divided or otherwise developed in violation of this title, regardless of whether the permit applicant created the violation, unless the violation has been corrected or can be rectified as part of the development. (Ord. 317 § 1, 2003; Ord. 264 § 1 (part), 2001.)

18A.02.145Exclusions from Permit Requirement.

Except as indicated otherwise, an activity, development or use listed below is excluded from the requirement for a zoning certification, project permit or discretionary approval. Exclusion from a permit does not exempt the development or its use from applicable requirements of this title or other applicable federal, state and local regulations.

A. Landscaping of a single family dwelling that does not involve the placement of a structure, grading, fill, excavation or otherwise require a permit.

B. Fences less than or equal to six (6) feet in height and not obstructing the clear line of vision of vehicular traffic approaching the location from any street or driveway. Fences greater than six (6) feet in height must meet applicable setback standards and require a building permit and a zoning certification.

C. A change internal to a building or other structure that does not substantially affect the use of the structure and that does not otherwise require a building permit.

D. Non-vehicular storage structures less than one hundred twenty (120) square feet and less than ten (10) feet in height, when placed on property where the owner resides. No structures may be placed on a lot within the required setbacks or so as to obstruct the clear line of vision of vehicular traffic approaching on any street or from a driveway.

E. An emergency measure necessary for the safety of the public or protection of property.

F. The establishment, construction, maintenance, or termination of a public or private utility facility that directly serves development authorized for an area, including such facilities as a private or public street, sewer, on-site or community septic system, water line, electrical power or gas distribution line, or telephone or television cable system, that do not otherwise require a City permit, license or approval.

G. Installation or construction of a residential accessory structure that does not require a building permit or a permit under the Uniform Fire Code.

H. Excavation or filling of land of less than fifty (50) cubic yards. Excavation or filling of land within or near sensitive areas shall require a development permit and shall meet applicable standards.

I. Clearing of land area less than twenty thousand (20,000) square feet in size, except that clearing of land shall not be exempt if the land is located in or within two hundred (200) feet of a sensitive area. A tree retention plan shall be required if trees will be removed in conjunction with the clearing of land, pursuant to Section 18A.50.300, Tree Preservation. (Ord. 264 § 1 (part), 2001.)

18A.02.148Liability.

The provisions of this title shall not be construed as relieving or limiting in any way the responsibility or liability of any person or persons erecting any structure or owning any property for personal injury or property damage resulting from the willful acts or negligence of such person, its agents, employees or workers, in the construction, maintenance, repair or removal of any structure erected in accordance with a permit issued under the provisions of this title or without a permit, if exempted by this title; nor shall it be construed as imposing upon the City or its officers or employees any responsibility or liability by reason of the approval of any structure, action, materials or devices under the provisions of this title. (Ord. 264 § 1 (part), 2001.)

18A.02.150Burden and Nature of Proof.

Except for legislative decisions, the burden of proof is upon the proponent. The more drastic the change or the greater the impact of the proposal on the area, the greater is the burden upon the proponent. The proposal shall not be approved unless the applicant has provided evidence demonstrating that the proposal conforms to the applicable elements of the comprehensive plan and to applicable provisions of this title, especially the specific criteria set forth for the particular type of decision under construction. (Ord. 264 § 1 (part), 2001.)

18A.02.152Complete Application.

For the purposes of this title, a full and complete application is one that contains all of the information and materials, supporting documentation, and signatures, in the format specified, as required by the most current version of the permit application form approved by the Community Development Director; and which is accompanied by payment of any and all fees as required by the City. A valid application is one that seeks authorization for a use or development that is consistent with the provisions of the Lakewood Municipal Code, whether the use is principally permitted or reviewed under discretionary permit processes, and is submitted to the City within any applicable time requirements. (Ord. 264 § 1 (part), 2001.)

18A.02.155Director Responsibility and Authority.

A. The Community Development Director is charged with the responsibility of carrying out the provisions of this title.

B. The Community Development Director is authorized and empowered to make administrative decisions and determinations with respect to the provisions of this title, pursuant to LMC 18A.02.200.

C. The Community Development Director is authorized and empowered to enforce or revoke any permit issued by the Community Development Department pursuant to LMC 18A.02.460 through 475.

D. The Community Development Director is authorized and empowered to create and develop all permit application forms incorporating the standards provided in this title and may, from time to time, modify and amend those forms, as appropriate, to reflect current development standards.

E. The Community Development Director shall be responsible for the coordination of the permit application and decision-making procedures and shall only issue a permit or grant an approval to an applicant whose application and proposed development is in compliance with the full provisions of this title. Before issuing any permits or approvals, the Community Development Director shall be provided with sufficient detail to establish that an application is in full compliance with the requirements of this title.

F. The Community Development Director is charged with the responsibility of compiling and maintaining an official file on each application or petition submitted under this title. (Ord. 264 § 1 (part), 2001.)

18A.02.160Certificate of Occupancy.

A. No structure or portion of a structure hereafter constructed, erected, enlarged, moved, or altered shall be occupied, used or changed in use until a certificate of occupancy or its equivalent has been issued by the City. Such certificate shall be applied for prior to final inspection of the building. No sign, site or portion of a site hereafter constructed, erected, enlarged, moved, or altered shall be used, changed in use, or occupied until a final site inspection approval or its equivalent has been issued by the City. The final site inspection shall be applied for prior to use of the building. A certificate of occupancy or final site inspection approval shall be issued only after such building or site construction, enlargement, or alteration has been completed in conformity with the applicable provisions of this title, the approved site plan, and all required conditions.

B. Any use legally occupying an existing building on the effective date of this title may be continued but shall not be changed unless a certificate of occupancy for a new use has been issued by the City, after finding that such change in use conforms to the provisions of this title and required conditions.

C. A final site certification shall be issued before any vacant land is hereafter used or before an existing use of land is changed; provided that such use is in conformance with the provisions of this title and required conditions. (Ord. 264 § 1 (part), 2001.)

18A.02.165Official Records.

A. An official file on each application or petition submitted under this title shall be compiled and shall consist of the following:

1. The application or petition materials submitted by the applicant or appellant.

2. Any staff reports prepared.

3. All written testimony received on the matter.

4. The written record of any public hearing held on the matter.

5. The written decision of the granting authority on the matter.

6. Any other information relevant to the matter, as judged by the staff member assigned to the project.

B. The official file is a public record, which shall be maintained and made available for public inspection consistent with the City's retention schedule and laws governing public disclosure. Availability may be temporarily disrupted prior to or during public hearings while staff is preparing for the hearing. (Ord. 264 § 1 (part), 2001.)

18A.02.170Forms and Supportive Documentation.

The Community Development Department shall create and utilize administrative guidelines, applications, maps, charts, reference materials, forms, brochures, handouts and other tools to aid the public, applicants, staff, and decision-makers in interpreting and administering this title. (Ord. 264 § 1 (part), 2001.)

18A.02.175Fees.

A. Responsibility. The Community Development Department shall collect the appropriate fees charged to applicants for any permits or discretionary approval processes provided for in this title. The amount of the fees charged shall be as established by resolution or ordinance of the City Council filed in the office of the City Clerk and may be changed without amendment to this title.

B. Payment. Fees established in accordance with this title shall be paid upon submission of a signed application or petition for appeal, or as otherwise provided by any fee ordinance or resolution adopted by the City Council. A department of the City of Lakewood shall not be required to pay application fees when applying for a permit regulated under this title. Where such an application will require substantial review time or expenditures, the City Manager may, at his sole discretion, direct that the department initiating the permit request reimburse the Community Development Department for some or all of costs expended for the permit review.

C. Waivers and Reductions. In certain instances, it may be desirable to reduce or waive fees, or a portion of the fees for development projects regulated by this title. The type, amount and applicability of fees waivers shall be as established by resolution or ordinance of the City Council and filed in the office of the City Clerk as part of the adopted fee schedule or as an amendment to this title.

D. Refunds. The Community Development Director may authorize a full or partial refund when an application is withdrawn, based on the estimated expenditure of staff time and resources at the time of withdrawal. (Ord. 264 § 1 (part), 2001.)

18A.02.180Security Mechanisms.
18A.02.185Purpose - Security Mechanisms.

The purpose of this section is to provide the City with financial mechanisms to ensure that conditions, requirements and all applicable provisions of this title associated with an permit approval are met in the manner intended by the City. (Ord. 264 § 1 (part), 2001.)

18A.02.190Guarantee - Security Mechanisms.

A. The City, in its sole discretion, may require a cash guarantee, or an irrevocable letter of credit with the City to ensure the subsequent completion and continued maintenance of all conditions to which such permit is subject. The guarantee or its equivalent shall be in a form acceptable to the City and shall represent a percentage of the estimated cost of design, materials, and labor related to the project in question, based on the estimated costs on the last day covered by the device, of installing, replacing, or repairing, as appropriate, the improvements covered by the security, as agreed to by the Community Development Director and City Engineer. The cost estimate shall be reviewed and approved by the City Engineer prior to acceptance by the City of the guarantee or its equivalent.

1. Completion. One hundred fifty (150) percent of the costs specified above, for the duration specified by the City, or until all improvements are installed and accepted by the City, whichever is less.

2. Maintenance. Twenty (20) percent of the costs specified above, for the duration specified by the City, or until the City is satisfied that maintenance shall continue, whichever is less. However, the guarantee or equivalent shall be extendible by the City if repairs are made at the end of the guarantee period which, in the opinion of the Community Development Director or City Engineer, require additional guarantee of workmanship.

B. The cash guarantee or equivalent may be presented to the City after preliminary approval of a project, but in all circumstances shall be presented prior to any site work, including clearing, grading, or construction. The conditions of performance to which such guarantee is subject shall be listed on the permit attached thereto. No certificate of occupancy, or other permit for which a guarantee is required, shall be issued until all such conditions, except landscaping are satisfied. A separate guarantee may be established for landscaping, if deemed necessary by the Community Development Director or City Engineer. All securities shall be held until released by the Community Development Director or City Engineer.

C. In each case where a security is posted, the applicant and the City Engineer shall sign a notarized security agreement, approved in form by the City Attorney. The agreement shall provide the following information:

1. A description of the work or improvements covered by the security.

2. Either the period of time covered by the maintenance security or the date after which the City will use the proceeds of the performance security to complete the required work or improvements.

3. The amount and nature of the security and the amount of any cash deposit.

4. The rights and duties of the City and applicant.

5. An irrevocable license to run with the property to allow the employees, agents, or contractors of the City to enter the subject property for the purpose of inspecting and, if necessary, performing the work or making the improvements covered by the security.

6. The mechanism by and circumstances under which the security shall be released. At a minimum, after the work or improvements covered by a performance security have been completed, or at the end of the time covered by a maintenance security, the applicant may request that the City release the security. If the applicant has complied with the security agreement and any applicable permit conditions, the City Engineer shall release the remaining security. If the work has not been completed or repairs not made, then the City shall not release the security until such work is completed. Partial release of the security may be allowed provided that the developer provides a new security equal to one hundred fifty (150) percent of the cost of the remaining work.

D. If, during the period of time covered by a maintenance security, or after the date by which the required work or improvements are to be completed under a performance security, the City Engineer determines that the security agreement has not been complied with, the City Engineer shall so notify the applicant. The notice must state:

1. The work that must be done or the improvements that must be made to comply with the security agreement; and

2. The amount of time that the applicant has to commence and complete the required work or improvements; and

3. That, if the work or improvements are not commenced and completed within the time specified, the City will use the proceeds of the security to have the required work or improvements completed.

E. If the work or improvements covered by the security are not completed within the time specified in the notice, the City shall obtain the proceeds of the security and shall cause such work to be completed. Applicant shall be responsible for all costs incurred by the City in administering, maintaining, or making the improvements covered by the security. The City shall release or refund any proceeds of a performance or maintenance security remaining after subtracting all costs for doing the work or making the improvements covered by the security. The applicant shall reimburse the City for any amount expended by the City that exceeds the proceeds of the security. The City may file a lien against the subject property for the amount of any excess. In each case where the City uses any of the funds of a security, it shall give the applicant an itemized statement of all funds used. (Ord. 264 § 1 (part), 2001.)

18A.02.200Interpretations.
18A.02.205Administrative Interpretations, General.

All interpretations of this title shall be made by the Community Development Director. Official interpretations shall be written and maintained in an orderly, retrievable record. Such administrative interpretations shall include determinations of uses permitted in the various districts, and approval or disapproval of development plans and zoning certifications. Other interpretations may be made as specific circumstances arise which require such interpretations. The purpose of such administrative interpretations is to provide a degree of flexibility in the administration of this title while following the intent of the City Council. Administrative interpretations are subject to the appeal procedure and requirements pursuant to LMC 18A.02.540(E). (Ord. 264 § 1 (part), 2001.)

18A.02.210Interpretations of Text.

A. Where the conditions imposed by one provision of this title are less restrictive than comparable conditions imposed by any other provision of this title, the more restrictive provision shall govern. A provision of this title that is in addition to another requirement of this title is not in conflict, but shall be considered to be supplementary to one another.

B. When the provisions of this title impose greater restrictions than are imposed by other applicable City, County, regional, state and/or federal regulations, the provisions of this title shall govern.

C. Where the conditions imposed by one provision of this title are less restrictive than comparable conditions imposed by or are in conflict with any provision of any other title of the Lakewood Municipal Code, the provision, that in the determination of the Community Development Director and the City Attorney, is most compatible with and more closely parallels the intent and purpose of the comprehensive plan, shall govern. A provision of this title that is in addition to another requirement of a title of the Lakewood Municipal Code is not in conflict, but shall be considered to be supplementary to one another.

D. This title is not intended to override any easement, covenant, or any other private agreement; provided, that where the provisions of this title are more restrictive or impose higher standards or regulations than such easements, covenants, or other private agreements, the requirements of this title shall govern.

E. Except where specifically noted, examples of uses listed in this title are intended to typify but not be an inclusive list or limit allowable uses and shall be used to identify appropriate zones and regulatory levels for a given use based on substantial similarity, in terms of activities, intensity, size, and performance, to a listed use.

F. In any case of any ambiguity, inconsistency or difference of meaning or implication between the text of any provision and any illustration or other graphics, the text of this title shall control. (Ord. 264 § 1 (part), 2001.)

18A.02.215Interpretation of Uses.

A. Land uses that are listed as primary uses in each zoning district shall be permitted subject to the review processes, standards, and regulations specified in Title 18A. If a described use is not listed as a use in a particular zoning district, it shall be considered to be a prohibited use within that district. However, it is inevitable that certain valid, justifiable uses of land will be missing from the listings of uses permitted in various zoning districts, therefore the Community Development Director is authorized to make an administrative interpretation in accordance with the procedures of this section.

B. If a proposed use is not specifically listed, an applicant may request an interpretation from the Community Development Director as to whether or not such use is a permitted use. In determining whether a proposed use closely resembles a use expressly authorized in the applicable zoning district(s), the Community Development Director shall examine the characteristics of the development and use and shall make a determination as to what zone(s) the development and use may be allowed as a primary permitted use or permitted with an administrative use permit or with a conditional use permit based on the following criteria:

1. The use is compatible with the applicable goals and policies of the comprehensive plan.

2. The use is consistent with the stated purpose of the applicable district or districts.

3. The requested use is most substantially similar to the listed uses permitted in the district in which the request is being sought, as opposed to its similarity to the listed uses permitted in other districts based on the following criteria:

a. The activities involved in or equipment or materials employed in the use;

b. The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations, lighting and glare, impacts on public services and facilities, and aesthetic appearance.

c. The use has a high degree of potential to be consistent, compatible, and homogenous with listed uses.

d. The size of the facility.

C. Unlisted developments and uses for which the Community Development Director has made an administrative interpretation as to appropriate zone and type similarity shall be considered to constitute an official interpretation and shall subsequently be applied and used for future administration in reviewing like proposals. The Community Development Director shall report such decisions to the Planning Commission when it appears desirable and necessary to amend this code.

D. The Community Development Director's determination shall be processed and subject to the applicable requirements of LMC 18A.02.540 and may be appealed as provided in LMC 18A.02.740. (Ord. 604 § 3, 2015; Ord. 264 § 1 (part), 2001.)

18A.02.220Interpretation of Map Boundaries.

Where uncertainty exists as to any of the zone boundaries as shown on the zoning map, the following rules shall apply:

A. A boundary shown on the zoning map as approximately following a lot line or parcel boundary shall be construed as following the lot line or parcel boundary as it actually existed at the time the zoning boundary was established. If, subsequent to the establishment of the zoning boundary, a lot line should be moved as a result of a legally performed boundary line adjustment (including right-of-way dedications and vacations), the zoning boundary shall be construed as moving with the lot line if the Community Development Director, in his sole discretion, determines that the boundary line adjustment is minor in nature and that the corresponding change in the zoning is consistent with goals, objectives and intent of the comprehensive plan and is consistent with the general zoning pattern in the area. In this case, the Community Development Director shall direct that the official zoning map be amended pursuant to LMC 18A.02.320.

If the Community Development Director determines that moving the zoning line as a result of a boundary line adjustment is not clearly minor, would have a material impact on the zoning pattern of the area, or would be contrary to the goals, objectives or intent of the comprehensive plan, then the zoning boundary shall only be moved after approval through the formal zoning amendment process pursuant to LMC 18A.02.400.

B. A boundary shown on the zoning map as approximately following a creek, lake, or other water course shall be construed as following the actual centerline of the water course. If, subsequent to establishment of the boundary, the centerline of the water course should move as a result of natural processes, the boundary shall be construed as moving with the centerline of the water course, as determined by the ordinary high water line.

C. A boundary shown on the zoning map as approximately following a ridge line or topographic contour line shall be construed as following the actual ridge or contour line. If, subsequent to the establishment of the boundary, the ridge or contour line should move as a result of natural processes, the boundary shall be construed as moving with the ridge or contour line.

D. A boundary shown on the zoning map as approximately following a street or railroad line shall be construed as following the centerline of the street or railroad right-of-way. If, subsequent to the establishment of the boundary, the centerline of the street or railroad right-of-way should be moved as a result of its widening or minor realignment, such as at an intersection, the boundary shall be construed as moving with the centerline.

E. Whenever any street or other public right-of-way is vacated in the manner prescribed by law, the zoning district adjoining each side of said street or other public right-of-way shall be automatically extended to the centerline of the former street or other public right-of-way, unless determined otherwise pursuant to subsection 18A.02.220(A), and all of the area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.

F. Whenever a single lot is located within two (2) or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located; except, lands which fall partially into and partially out of the McChord Air Corridors, as designated in the comprehensive plan, shall be exempt from this interpretation.

G. An Open Space and Recreation (OSR) zoning district boundary shown on the zoning map as approximately following a wetland boundary line shall be construed as following the actual edge of the wetland. If, subsequent to the establishment of the zoning district boundary, a wetland delineation report is conducted by a qualified wetland biologist and said report is reviewed and accepted by the City, the boundary shall be construed as following the delineated wetland line. The appropriate wetland buffer shall not be included within the OSR zone boundary, rather the buffer area shall be included in adjacent upland zoning district, pursuant to LMC 18A.50.125, Density Standards.

H. If the specific location of a zoning boundary line cannot be determined from application of the above rules to the zoning map, it shall be determined by the use of the scale designated on the zoning map.

I. Where questions still arise concerning the exact location of a district boundary, the Community Development Director shall interpret the zone boundaries. (Ord. 307 § 1, 2003; Ord. 264 § 1 (part), 2001.)

18A.02.225Interpretation of Unlisted Words and Phrases.

The definition of any word or phrase, not listed in this title, which is in question when administering this title, shall be defined from one of the following sources which are incorporated herein and adopted by reference. Said sources shall be utilized to find the desired definition in the order listed as follows:

A. City of Lakewood Land Use and Development Code.

B. City of Lakewood Comprehensive Plan.

C. Any other portion of the Lakewood Municipal Code or other City resolution, ordinance, or regulations.

D. Any statute or regulation of the State of Washington, beginning with the most applicable first.

E. Legal determinations and definitions from applicable case law.

F. Legal definitions from the most recent edition of Black’s Law Dictionary.

G. Definitions from Webster’s Dictionary or other common dictionary. (Ord. 264 § 1 (part), 2001.)

18A.02.230Computation of Time.

For the purposes of this title, periods of time shall be computed as follows:

A. Day means calendar day and business day shall mean Monday through Friday unless it is an official City holiday or a holiday on which the United States Postal Service does not deliver mail.

B. The day that a notice is issued shall not be included in any applicable comment period.

C. The last day of the comment period shall be included unless it is a Saturday, Sunday, an official City holiday or a holiday on which the United States Postal Service does not deliver mail, then it also is excluded and the comment must be submitted by the next business day.

D. The day that a decision is issued shall not be included in the appeal period.

E. The last day of the appeal period shall be included unless it is a Saturday, Sunday, an official City holiday or a holiday on which the United States Postal Service does not deliver mail, then it also is excluded and the filing must be completed on the next business day, pursuant to RCW 35A.28.070.

F. The day an application is received is not included in the twenty-eight (28) day completeness review period. The twenty-eighth (28th) day is included in the twenty-eight (28) day completeness review period, unless that day is a Saturday, Sunday, an official City holiday or a holiday on which the United States Postal Service does not deliver mail. (Ord. 264 § 1 (part), 2001.)

18A.02.235Measurements.

A. Distances. Distances shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel, buffer or wetland delineation line, ordinary high water line or the zoning district boundary line from which the proposed use is to be separated.

B. Fractions. When any measurement technique for determining the number of items required or allowed results in fractional figures, any fraction less than one-half (1/2) of the applicable unit of measurement shall be disregarded, and fractions of one-half (1/2) or larger shall require the next higher unit of measurement.

C. Value. All improvements to a building or a lot are cumulative. Where more than one (1) improvement has occurred or is proposed, whether said improvements occurred previously, simultaneously, or separately, the cumulative value of all improvements made shall be the measurement used for the value of improvements.

D. Density. Where the residential uses described in LMC 18A.20.300 do not constitute independent housekeeping units as described in the definition of “dwelling unit” under LMC 18A.90.200, the maximum allowable density or intensity of use shall be determined on the basis of the ability of the site to sustain all required improvements, including parking. Where a use combines independent housekeeping units and some other form of dwelling units, such as congregate care, the maximum allowable density shall be determined based on the independent housekeeping units alone. (Ord. 462 § 3, 2007; Ord. 264 § 1 (part), 2001.)

18A.02.300Establishment of Zones.

The classification system used in the comprehensive plan was established and mapped as a management tool to implement the policies and intent of the comprehensive plan. Land use designations were established which are appropriate to carry out the intent and purpose of the comprehensive plan and are defined in the comprehensive plan’s land-use element. The zoning district classifications established to implement each of the comprehensive plan land-use designations for the City are shown in Table 1 below. The zone boundaries are as shown on the City’s official zoning map, as established under LMC 18A.02.320. Where the abbreviated designation is used in this title, it has the same meaning as the entire classification title.

TABLE 1: COMPREHENSIVE PLAN/ZONING DISTRICT MATRIX

Comprehensive Plan Designation

Zoning District Classification

Residential Estate

Residential 1 (R1); Residential 2 (R2)

Single Family

Residential 3 (R3); Residential 4 (R4)

Mixed Residential

Mixed Residential 1 (MR1)Mixed Residential 2 (MR2)

Multi Family

Multi Family 1 (MF1)

High-Density Multi Family

Multi Family 2 (MF2)

Multi Family 3 (MF3)

Corridor Commercial

Commercial 1 (C1); Commercial 2 (C2); Commercial 3 (C3)

Central Business District

Central Business District (CBD)

Arterial Corridor

Arterial Residential Commercial (ARC)

Neighborhood Business District

Neighborhood Commercial 1 (NC1);Neighborhood Commercial 2 (NC2);Multi Family 2 (MF2);Multi Family 3 (MF3);

Industrial

Industrial Business Park (IBP) Industrial 1 (I1); Industrial 2 (I2)

Air Corridor 1

Clear Zone (CZ); Air Corridor 1 (AC1)

Air Corridor 2

Air Corridor 2 (AC2)

Public & Semi-Public Institutional

Public Institutional (PI)

Military Lands

Military Lands (ML)

Open Space & Recreation

Open Space Recreation 1 (OSR1)

Open Space Recreation 2 (OSR2)

Lakewood Station District

Transit-Oriented Commercial (TOC); Public Institutional (PI); Commercial 1 (C1); Neighborhood Commercial 2 (NC2); Multi Family 2 (MF2); Multi Family 3 (MF3); Open Space Recreation 2 (OSR2)

(Ord. 525 § 3, 2010; Ord. 264 § 1 (part), 2001.)

18A.02.310Overlay Districts.

A. An overlay district is a district that may be combined with any portion of any zone as appropriate to the purpose of the district. The regulations of a special purpose district consist of additional sections of this title and additional standards. Some of these regulations are supplementary so that both the regulations of the special purpose district and the zone apply and in other cases, the special purpose district regulations preempt and override the regulations of the underlying zone. Where these regulations conflict, the regulations that are more restrictive shall control. The boundaries of special purpose districts are shown on the City's official overlay districts map, which is hereby adopted by reference as part of this title, and are further described as follows:

1. The boundaries of the Flood Hazard Overlay (FHO) district shall be the areas of flood hazards identified by the Federal Insurance Administration in a report entitled: “The Flood Insurance Study for the Unincorporated Areas of Pierce County, WA, Vols. 1 and 2”, dated August 19, 1987, as amended, with accompanying Flood Insurance Rate Maps (FIRM) and Flood Boundary Maps dated effective August 19, 1987, and any revisions thereto are hereby adopted by reference and declared to be a part of this section.

2. The boundaries of the Riparian Overlay (RO) district shall be the areas of those parcels which abut or are adjacent to Chambers Creek, Clover Creek, Flett Creek, Leach Creek, and Ponce de Leon Creek as further described in LMC 18A.40.200.

3. The boundaries of the Senior Housing Overlay (SHO) district shall be the area shown in Figure 3.1, Senior Housing Overlay in the City of Lakewood Comprehensive Plan.

4. The boundaries of the Sexually Oriented Business Overlay (SOBO) district shall be the areas identified and described in “Exhibit A” as referenced in LMC 18A.40.420.

B. Each special purpose district and the abbreviated designation suffix are listed in Table 2 below.

TABLE 2. SPECIAL PURPOSE OVERLAY DISTRICTS

Special Purpose District

Abbreviated Designation

Flood Hazard Overlay

(zoning district)/FHO

Riparian Overlay

(zoning district)/RO

Senior Housing Overlay

(zoning district)/SHO

Sexually Oriented Business Overlay

(zoning district)/SOBO

(Ord. 358 § 4, 2004; Ord. 264 § 1 (part), 2001.)

18A.02.320Zoning Map.

The location and boundaries of all zones or districts designated in this title are hereby established as shown on the maps entitled, “City of Lakewood Zoning Map,” and “City of Lakewood Overlay Districts Map” as adopted herewith and as may be amended from time to time, and hereafter referred to as “zoning map.” The zoning map shall be as shown on a geographic coverage layer(s) attributed to zoning that is maintained as a part of the City's geographic information system (GIS) at the direction of the Community Development Director. No unauthorized person may alter or modify the zoning GIS layer. This geographic coverage layer, as amended from time to time, shall constitute the official zoning map for the City's zoning jurisdiction and shall be incorporated into this title by reference as if fully set forth herein. An original, signed paper copy of the zoning GIS layer containing the zoning districts designated at the time of adoption of this title shall be retained in the office of the City Clerk pursuant to RCW 35.63.100, and duplicates shall be filed in the Community Development Department for reference and public distribution. All amendments hereafter made to the zoning map by ordinance shall be reflected on such map, and it shall be the responsibility of the Community Development Department to ensure that an up-to-date map is maintained at all times. (Ord. 552 § 1, 2012; Ord. 539 § 1, 2011; Ord. 525 § 1, 2010; Ord. 505 § 1, 2009; Ord. 483 § 1, 2008; Ord. 462 § 1, 2007; Ord. 425 § 1 & 2, 2006; Ord. 397 § 1, 2005; Ord. 357 § 4, 2004; Ord. 323 § 1, 2003; Ord. 322 § 1, 2003; Ord. 293 § 1, 2002; Ord. 266 § 1, 2001; Ord. 264 § 1 (part), 2001.)

18A.02.325Establishment of Lines.

Notwithstanding any provisions in this title to the contrary, the City shall have no duty to establish lot lines or setback lines at a development. The location of lot lines or setback lines at a development and construction related thereto shall be the responsibility of the applicant and owner. (Ord. 264 § 1 (part), 2001.)

18A.02.330Use Categories, Types, and Levels.

LMC 18A.20 groups uses into major categories: Residential, Civic, Utilities, Commercial, Industrial, Agricultural, and Accessory. Each use category includes a number of use types. Each use type may contain one (1) or more levels based on the intensity or characteristics of the use. The description of the use types and levels may contain examples of usual and customary uses. The use examples are intended to be typical and are not intended to represent all possible uses that are substantially similar in nature and intensity to the listed uses and which, as such, may be allowed and regulated equally. (Ord. 264 § 1 (part), 2001.)

18A.02.340Establishing Use.

The use of a property is defined by the activity for which it or structures occupying it is or are intended, designed, arranged, occupied, or maintained. A property may contain uses that fall into one or more categories or use type. When more than one use category or use type level applies to one property, each use shall be classified and may be regulated separately. There shall be no limit as to the number of uses combined on a single property, provided that each use is permitted in the zoning district and each use meets all pertinent development standards and regulatory requirements, except that no more than one (1) dwelling unit, excluding ADUs, shall be permitted on a lot in a single family residential zoning district, except as may be allowed by the specific use regulations of said district. (Ord. 307 § 2, 2003; Ord. 264 § 1 (part), 2001.)

18A.02.350Vested Rights.

For the purposes of administration under this title, an applicant’s rights become vested in accordance with the following standards:

A. A permit application shall vest under the code requirements and processes in effect at the time that a valid and fully complete permit application is submitted to the City.

B. The determination of whether a permit application is valid and fully complete, and the date on which it is submitted shall be determined by the Community Development Director. (Ord. 264 § 1 (part), 2001.)

18A.02.355Termination of Vested Rights.

Rights vested for a permit application shall terminate upon expiration of the permit application. For any permit applications without a specific expiration period, the expiration period shall be six (6) months. (Ord. 264 § 1 (part), 2001.)

18A.02.400Amendments.
18A.02.405Purpose - Amendments.

This title may be amended by the City Council by changing the boundaries of zoning districts that modify the official zoning map or by changing any other provisions thereof which add, delete or otherwise modify the text of this title, whenever the public necessity and convenience and the general welfare require such amendment, by following the procedures of this section. (Ord. 264 § 1 (part), 2001.)

18A.02.410Initiation - Amendments.

An amendment may be initiated as follows:

A. Amendments to the text of this title and official zoning map amendments may be initiated by resolution of intention by the City Council. Amendments shall be heard by the Planning Commission and City Council.

B. Amendments to the text of this title may be initiated by resolution of intention by the Planning Commission, Community Development Director and by application of private citizens.

C. Official zoning map amendments may be initiated by application of one (1) or more owners, or their agents, of the property affected by the proposed amendment, or by the Planning Commission or Community Development Director.

D. The Community Development Director may, in his sole discretion, accept a citizen request or suggestion for an proposed amendment as City-initiated, and without fee to the citizen, only if it is demonstrated that the proposed amendment has significant merit and would benefit the general public, and not principally benefit only a limited number of property owners. (Ord. 604 § 4, 2015; Ord. 264 § 1 (part), 2001.)

18A.02.415Public Hearing - Amendments.

At the conclusion of one (1) or more public hearings on a proposed amendment, the Planning Commission shall make a recommendation with respect to the proposed amendment and shall forward such to the City Council, which shall have the final authority to act on the amendment. The following standards and criteria shall be used by the Planning Commission and City Council to evaluate a request for an amendment. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria.

A. The proposed amendment is consistent with the comprehensive plan.

B. The proposed amendment and subsequent development of the site would be compatible with development in the vicinity.

C. The proposed amendment will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated.

D. The proposed amendment will not unduly burden the public services and facilities serving the property with significant adverse impacts which cannot be mitigated.

E. The proposed amendment will not adversely affect the public health, safety and general welfare of the citizens of the city.

F. The entire range of permitted uses in the requested zoning classification is more appropriate than the entire range of permitted uses in the existing zoning classification, regardless of any representations made by the petitioner as to the intended use of subject property.

G. Circumstances have changed substantially since the establishment of the current zoning map or zoning district to warrant the proposed amendment.

H. The negative impacts of the proposed change on the surrounding neighborhood and area are largely outweighed by the advantages to the city and community in general, other than those to the individual petitioner. (Ord. 604 § 5, 2015; Ord. 264 § 1 (part), 2001.)

18A.02.420City Council Action/Appeal - Amendments.

The City Council shall, at a regular public meeting, consider the recommendation and issue a decision. The City Council may choose, at its sole discretion, to hold a public hearing on proposed amendments or other legislative decisions, prior to issuing a decision. The decision of the City Council is appealable to the Pierce County Superior Court within twenty-one (21) calendar days from the issuance of a notice of decision and in accordance with the requirements of LMC 18A.02.755 and Chapter 36.70C RCW.

A. If the City Council approves the proposed change, the Community Development Director shall ensure that map changes are incorporated into the GIS zoning layer, and the City Clerk shall ensure the text changes are incorporated into the Lakewood Municipal Code.

B. If the application for an amendment is denied by the City Council, the application shall not be eligible for resubmittal for one (1) year from date of the denial, unless specifically stated to be without prejudice. A new application affecting the same property may be submitted if circumstances affecting the application have changed substantially. (Ord. 264 § 1 (part), 2001.)

18A.02.425Zoning of Annexed Lands.
18A.02.430Purpose - Zoning of Annexed Lands.

It is the purpose of this section to provide a procedure to ensure that the initial zoning of annexed territories is in conformance with City goals, policies and plans. (Ord. 264 §1 (part), 2001.)

18A.02.435Determination of Community Development Director - Zoning of Annexed Lands.

Whenever the City Council shall determine that the best interest and general welfare of the city would be served by annexing territory, the Community Development Director will cause an examination to be made of the comprehensive plan of the city. If the comprehensive plan is not current for the area of the proposed annexation, the Community Development Director will initiate an application for an update of the comprehensive plan and an application for an initial zoning recommendation. (Ord. 264 § 1 (part), 2001.)

18A.02.440Recommendation of the Planning Commission - Zoning of Annexed Lands.

A. Comprehensive Plan. Upon application, the Planning Commission shall hold at least one (1) open record public hearing to consider the comprehensive plan for the area of the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners in the area to be annexed and given by publication in a newspaper of general circulation in the city and the area to be annexed, at least ten (10) calendar days prior to the hearing. Upon completion of the hearing, the Planning Commission shall transmit a copy of its recommendations for the comprehensive plan to the City Council for its consideration.

B. Initial Zoning. In addition, the Planning Commission shall hold at least one (1) open record public hearing to consider the initial zoning for the area of the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners in the area to be annexed and given by publication in a newspaper of general circulation in the city and the area to be annexed, at least ten (10) calendar days prior to the hearing. (Ord. 604 § 6, 2015; Ord. 264 § 1 (part), 2001.)

18A.02.445City Council Action - Zoning of Annexed Lands.

A. Comprehensive Plan. Within sixty (60) calendar days of the receipt of the recommendation from the Planning Commission for the comprehensive plan land-use designation for the area of the proposed annexation, the City Council shall consider the comprehensive plan at a public meeting. The City Council may approve or disapprove the designation as submitted, modify and approve as modified, or refer the matter back to the Planning Commission for further proceedings. An affirmative vote of not less than a majority of the total members of the City Council shall be required for approval. If the matter is referred back to the Planning Commission, the City Council shall specify the time within which the Planning Commission shall report back to the City Council with findings and recommendations on the matters referred to it.

B. Initial Zoning. Upon receipt of the recommendations of the Planning Commission for the initial zoning of the area of the proposed annexation, the City Council shall hold at least one (1) public hearing. Notice of the time and place and purpose of such hearing shall be given by publication in a newspaper of general circulation in the city and the area to be annexed, at least ten (10) calendar days prior to the hearing. The ordinance adopting the initial zoning may provide that it will become effective upon the annexation of the area into the city. If annexation occurs prior to adoption of the comprehensive plan update and initial zoning designation, those areas designated and zoned under the authority and land-use provisions of Pierce County shall, upon annexation, be assigned an interim zoning designation of R3 for period of no longer than nine (9) months or until new zoning is adopted in conformance with the comprehensive plan, whichever occurs first. (Ord. 604 § 7, 2015; Ord. 264 § 1 (part), 2001.)

18A.02.450Moratoria - Zoning of Annexed Lands.

Nothing in this title shall prevent the City Council from establishing development moratoria or other interim land-use regulations upon a finding by the City Council that, due to unforeseen circumstances or other emergency, such a moratorium or temporary regulation is necessary in order to protect the purpose and effectiveness of the City’s comprehensive plan and regulations pending completion of the procedures necessary to adopt permanent land-use controls. Any such moratorium or interim land-use regulation shall be effective only for a period of a time necessary to complete adoption of the permanent land-use control, which time shall be specified by the City Council in the ordinance adopting the moratorium or other temporary regulation. No moratorium or temporary regulation shall remain in effect for a period longer than forty-five (45) days unless the City Council conducts a public hearing and, after hearing public testimony concerning the duration of the moratorium, finds that continuation of the moratorium in excess of forty-five (45) days is necessary and warranted under the circumstances, in which case the City Council may specify that the moratorium shall continue for a period of not in excess of one hundred eighty (180) days, including the initial forty-five (45) day period. Upon a subsequent finding that an extension beyond one hundred eighty (180) days is required, the City Council may extend the moratorium for one (1) additional period not to exceed ninety (90) days. (Ord. 264 § 1 (part), 2001.)

18A.02.460Enforcement - Zoning of Annexed Lands.
18A.02.465Revocation of Permits.

A. The Community Development Director is authorized and empowered to revoke any permit issued by the Community Development Department issued in error or based on false or misleading information or upon failure of the permit holder thereof to comply with any provision or condition of this title.

B. Any conditions or requirements placed upon a project permit by the Community Development Director or decision-making body as a result of the provisions of this title shall be strictly followed. In the event that the permit holder, or his assignee, fails to comply with any such conditions the project permit may be revoked or modified as set forth below or under the provisions of the Uniform Building Code.

C. If, after an investigation, the Community Development Director determines that one (1) or more conditions of a permit are not being met, notice shall be mailed to the permit holder or agent by regular mail advising him of the deficiency and requiring that the deficiency be remedied within ten (10) days from the date the notice is mailed or such longer period as the Community Development Director may deem appropriate.

D. If the permit holder or agent fails to remedy the deficiency within this time period set, the Community Development Director shall mail notice to the permit holder or agent advising the intent to revoke the development permit. Such notice shall state that to avoid such action the permitee must request, in writing, a hearing before the Hearing Examiner and then appear and show cause why the permit should not be revoked. Such a hearing request must be filed within ten (10) days of the date of the notice of intent to revoke. The Hearing Examiner may uphold the permit should it be determined that all conditions have been met or no longer need to be met; may modify or add conditions to the permit; or may revoke the permit. If the permitee fails to file a timely request for hearing, then the Community Development Director shall send him a notice advising him the project permit has been revoked and that any further action thereon would be in violation of City of Lakewood Land Use and Development Code.

E. The provisions of this section shall apply to all project permits issued prior to the date of adoption of this code, as well as all project permits issued thereafter. (Ord. 264 § 1 (part), 2001.)

18A.02.470Violations.

It shall be a violation of this title for any person to:

A. Use, construct, locate or demolish any structure, land, sign or property within the city without first obtaining the permits or authorizations required for the use by this title.

B. Use, construct, locate or demolish any structure, land, sign or property within the city in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.

C. Remove or deface any sign, notice, complaint or order required by or posted in accordance with this title, LMC 14.02, Environmental Rules and Procedures, or other City ordinances.

D. Misrepresent any material fact in any application, plans or other information submitted to obtain any land-use authorization.

E. Fail to comply with the requirements of this title. (Ord. 264 § 1 (part), 2001.)

18A.02.475Enforcement Measures.

The City Manager is authorized and empowered to ensure compliance with and enforce the provisions of this title to the fullest extent of the law. Except as specified elsewhere, violation of any provision of this title, including failure to comply with any lawful order issued under the authority of this title, constitutes a Class 2 civil infraction, as defined in LMC 1.48. Any violation of this title which is deemed to be a public nuisance or a danger to the public health and/or safety shall be addressed as specified in LMC 1.44. (Ord. 264 § 1 (part), 2001.)

18A.02.500Permit Processes.
18A.02.502Process Types - Permits.

Permit Process Types. Permit applications for review pursuant to this section shall be classified as a Process I, Process II, Process III, or Process IV action. Process V actions are legislative in nature. Permit applications and decisions are categorized by process type as set forth in Table 3. The differences between the processes are generally associated with the different nature of the decisions and the decision-making body as described below.

TABLE 3: APPLICATION PROCESSING PROCEDURES

Process I Administrative Action

Process II Administrative Action

Process III Hearing Action

Process IV Hearing Action

Process V Legislative Action

Permits

Zoning certification; Building permit; Design Review; Sign permit; Temporary Sign permit; Accessory Living Quarters; Limited Home Occupation; Temporary Use; Manufactured or Mobile Home permit; Boundary Line Adjustments; Minor modification of Process II and III permits; Final Site Certification; Certificate of Occupancy; ***Sexually Oriented Business extensions

Administrative Uses; Short Plat; SEPA; Home Occupation; Administrative Variance; Binding Site Plans, Minor Plat Amendment, Major modification of Process II permits; Shoreline Conditional Use; Shoreline Variance; Shoreline Substantial Development Permits; Cottage Housing Development (may be considered together with residential binding site plan)

Conditional Use; Major Variance; Preliminary Plat; Major Plat Amendment; Major modification of Process III permits: Shoreline Conditional Use; Shoreline Variance; Shoreline Substantial Development Permit when referred by the Shoreline Administrator; Public Facilities Master Plan;

Zoning Map Amendments; Site-specific Comprehensive Plan map amendments; Specific Comprehensive Plan text amendments; Shoreline Redesignation, **Final Plat**; **Development Agreement** **No hearing required or recommendation made by Planning Commission**

Generalized or comprehensive ordinance text amendments; Area-wide map amendments; Annexation; Adoption of new planning-related ordinances;

Impacts

Minimal or no effect on others, so issuance of permit is not dependent on others

Application of the standards may require some knowledge of impacts and effect upon others

Potential significant effect on some persons or broad impact on a number of persons

Potential significant effect on some persons or broad impact on a number of persons

Potential significant effect on some persons or broad impact on a number of persons

Notice & Comment

Participation of applicant only

Nearby property owners invited to comment on an application

In addition to applicant, others affected invited to present initial information

In addition to applicant, others affected invited to present initial information

Anyone invited to present information

Recommendation

NA

NA

Community Development Department Staff

Planning Commission, except for Final Plat and Development Agreement as noted ** above

Planning Commission

Decision-Making Body

Community Development Director

Community Development Director

Hearing Examiner

City Council

City Council

Appeal

Hearing Examiner Community Development Director's decision on permits noted *** above is appealable to Superior Court.

Hearing Examiner

Superior Court

Superior Court

Superior Court

(Ord. 620 § 1, 2016; Ord. 604 § 8, 2015; Ord. 590 § 3, 2014; Ord. 423 § 1 (part), 2006; Ord. 408 § 1, 2006; Ord. 276 § 3 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.02.530Permit Procedures.

A. The Community Development Director shall determine the proper procedure for all applications. If there is a question as to the appropriate process, the Community Development Director shall resolve it in favor of the higher process number procedure. Process I is the lowest number procedure and Process V is the highest.

B. An application that involves two (2) or more procedures may be processed, at the City’s sole discretion, collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by the chapter. If the application is processed under the individual procedure option, the highest numbered process procedure must be processed prior to the subsequent lower numbered procedure. Joint public hearings with other agencies shall be held in accordance with LMC 18A.02.725.

C. Abbreviated findings shall be restricted to Process I and II, where less discretion is required to make a decision, and may serve as a permit if requirements are met.

D. Except for Process IV and V, City actions on project permits should be completed within one hundred twenty (120) days of determination of a complete application, unless the City makes written findings that a specified amount of additional time is needed for processing of specific complete project permit applications or project types. This one hundred twenty (120) day period may also be extended for a reasonable period of time at the request of the applicant pursuant to LMC 18A.02.735, Time Limitations. (Ord. 264 § 1 (part), 2001.)

18A.02.540Process I - Permits.

A. Process I procedures are used to process zoning certifications, building and manufactured home permits, sign permits, temporary signs and temporary use permits, design review and other permits and uses as indicated in Table 3. Under Process I, an application typically can be processed without a need for a public hearing or notification of other property owners. However, for projects that are subject to environmental review under SEPA, a notice of application may be required pursuant to RCW 36.70B.110.

B. The Community Development Director shall determine whether or not the proposed development meets the required development standards. The Community Development Director may obtain technical assistance from a review committee or local or state agencies. The Community Development Director shall approve, deny, modify and/or condition the application, based on the evidence and comments received from referral agencies and the public.

C. The Community Development Director shall issue a permit if he finds that all applicable approvals or licenses by other agencies have been granted and the proposed development conforms or can be conditioned or modified to conform to all of the applicable requirements of this title and other city ordinances and regulations, including but not limited to the following:

1. The proposed use is allowed and the proposed development and use is in compliance with the regulations of this title and:

a. Meets lot development standards.

b. Meets community design, parking, landscaping, signage and other general development standards.

c. Meets any specific design standards for the specific use.

d. An approved access is available.

e. Water and sewage disposal is available.

2. The proposed development and use is in compliance with all other applicable City ordinances and regulations.

3. No other agencies need to be notified of the development prior to the City issuing a permit.

D. The Community Development Director shall deny the permit if required approvals are not obtained or the application otherwise fails to comply with the requirements of this title. The notice shall describe the reason for denial.

E. A decision of the Community Development Director under Process I may be appealed to the Hearing Examiner by an affected party in accordance with LMC 18A.02.740. In the event of an appeal, the Community Development Director may expand upon the abbreviated findings used when making the original determination. (Ord. 483 § 5, 2008; Ord. 264 § 1 (part), 2001.)

18A.02.545Process II - Permits.

A. Process II procedures are used to process administrative use permits, home occupations, administrative variances, and other permits and uses as indicated in Table 3. Under Process II, an application for a permit shall be processed without a need for public hearing, but provides for public notice to and comment by neighboring property owners.

B. The following public notice is required for a Process II permit:

1. Notice posted on the subject property.

2. Notice mailed to all property owners within 100 feet of the subject property and to all affected agencies.

3. Courtesy notices may also be mailed to parties with a known interest in the application or which may be specifically affected by a proposed project, as determined by the Community Development Director.

4. The public notice shall, at a minimum, provide:

a. A description of the proposed project action;

b. Address and description of the site, including current zoning and nearest road intersections, reasonably sufficient to inform the reader of its location;

c. The name of the applicant or applicant’s representative and the name, address and telephone number of a contact person for the applicant, if any;

d. A statement of the limits of the public comment period, which shall be not less than ten (10) days following the date of notice, and a statements of the right of any person to comment on the application, request a copy of the decision once made, and any appeal rights.

5. Other actions taken in conjunction with a Process II permit, such as SEPA or other activities, may require additional public notice for the Process II permit, pursuant to LMC 18A.02.600.

C. The Community Development Director shall determine whether or not the proposed development meets the required development standards. The Community Development Director may obtain technical assistance from a review committee or local or state agencies.

D. The Community Development Director shall approve, deny, modify and/or condition the application, based on the evidence and comments received from referral agencies and the public. The Community Development Director shall issue a permit if he finds that the proposed development conforms or can be conditioned or modified to conform to all of the applicable requirements of this title and other City ordinances and regulations.

E. A decision by the Community Development Director under Process II may be appealed to the Hearing Examiner by an affected party in accordance with LMC 18A.02.740. In the event of an appeal, the Community Development Director may expand upon the abbreviated findings used when making the original determination. (Ord. 264 § 1 (part), 2001.)

18A.02.550Process III - Permits.

A. Process III procedures are used to process Conditional Uses; Variances, and other permits and uses as indicated in Table 3. Under Process III, an application is scheduled for a public hearing before the Hearing Examiner.

B. Notice of application shall be provided to the public, pursuant to LMC 18A.02.670-675.

C. Notice of public hearing shall be provided to the public, pursuant to LMC 18A.02.700.

D. A staff report shall be provided to the public, pursuant to LMC 18A.02.710.

E. The public hearing shall be conducted, pursuant to LMC 18A.02.720.

F. At the public hearing, City staff, the applicant, and interested persons may present information relevant to the criteria and standards pertinent to the proposal, give reasons why the application should or should not be approved or propose modifications and state the reasons the person believes the modifications are necessary for approval.

G. The Hearing Examiner may attach certain development or use conditions beyond those warranted for compliance with the Land Use and Development Code standards for the permit type in granting an approval if the Hearing Examiner determines the conditions are necessary to avoid imposing burdensome public service obligations on the City to mitigate detrimental effects to others where such mitigation is consistent with an established policy of the City and to otherwise fulfill the criteria for approval.

H. A decision of the Hearing Examiner is final. (Ord. 276 § 3 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.02.560Process IV - Permits.

A. Process IV procedures are used to process site specific map revisions of the Comprehensive Plan Future Land Use Map and/or Land Use and Development Code Zoning Map; citizen-initiated and other specific text amendments to the comprehensive plan, land use and development code, or other ordinances, and other project or non-project actions as indicated in Table 3. Under Process IV, the Community Development Director shall schedule a public hearing before the Planning Commission.

B. Notice of application shall be provided to the public, pursuant to LMC 18A.02.670-675.

C. Notice of public hearing shall be provided to the public, pursuant to LMC 18A.02.700.

D. A staff report shall be provided to the public, pursuant to LMC 18A.02.710.

E. The public hearing shall be conducted, pursuant to LMC 18A.02.720.

F. At the public hearing, City staff, the applicant, and interested persons may present information relevant to the criteria and standards pertinent to the proposal, given reasons why the application should or should not be approved or proposing modifications and the reasons the person believes the modifications are necessary for approval.

G. If criteria are involved, the Planning Commission shall make a finding for each of the applicable criteria, including whether the proposal conforms to goals and policies found in the comprehensive plan. A written staff report and the Planning Commission recommendation shall be submitted to the City Council.

H. The City Council may conduct a public meeting or a public hearing on the proposal, at its discretion, pursuant to LMC 18A.02.420.

I. To the extent that a finding of fact is required, the City Council shall make a finding for each of the applicable criteria and in doing so may sustain or reverse a finding of the Planning Commission. The City Council may delete, add or modify any of the provisions pertaining to the proposal or attach certain conditions beyond those warranted for compliance with standards in granting an approval if the City Council determines the conditions are appropriate to fulfill the criteria for approval.

J. The City Council shall make its decision after information from the hearing has been received. The decision shall become effective by passage of an ordinance. (Ord. 604 § 9, 2015; Ord. 264 § 1 (part), 2001.)

18A.02.565Process V - Permits.

A. Process V procedures are used to process extensive text or area-wide map revisions of the Comprehensive plan, the Land Use and Development Code; zoning of annexed land and adoption of new planning-related ordinances, as indicated in Table 3. Under Process V, the Community Development Director shall schedule a public hearing before the Planning Commission.

B. Notice of public hearing shall be published pursuant to LMC 18A.02.700.

C. A staff report shall be provided to the public, pursuant to LMC 18A.02.710.

D. At least one (1) public hearing shall be conducted.

E. At the public hearing, City staff, and interested persons may present information relevant to the criteria and standards pertinent to the proposal, given reasons why the application should or should not be approved or proposing modifications and the reasons the person believes the modifications are necessary for approval.

F. If criteria are involved, the Planning Commission shall made a finding for each of the applicable criteria, including whether the proposal conforms to goals and policies found in the comprehensive plan. A written staff report and the Planning Commission recommendation shall be submitted to the City Council.

G. The City Council may conduct a public meeting or a public hearing on the proposal, at its discretion, pursuant to LMC 18A.02.420.

H. To the extent that a finding of fact is required, the City Council shall make a finding for each of the applicable criteria and in doing so may sustain or reverse a finding of the Planning Commission. The City Council may delete, add or modify any of the provisions pertaining to the proposal.

I. The City Council shall make its decision after information from the hearing has been received. The decision shall become effective by passage of an ordinance. (Ord. 604 § 10, 2015; Ord. 264 § 1 (part), 2001.)

18A.02.570Legislative Enactments Not Restricted.

Nothing in this section or in this title shall limit the authority of the City Council to make changes in district or zone designations or requirements as part of some more extensive revision of the comprehensive plan or the City of Lakewood Land Use and Development Code. Nothing in this chapter shall relieve a use or development from compliance with other applicable laws. (Ord. 264 § 1 (part), 2001.)

18A.02.575Resubmission of Denied Application.

After thirty (30) days from the date of final determination denying a Process I, II, or III or a final plat application, an applicant may make appropriate alterations to a proposal and resubmit it with payment of all applicable permit fees. If a previously denied application is resubmitted within one (1) year, new land use approvals associated with the application need not be obtained unless the Community Development Director finds that changed conditions or changes in the proposal warrant such review. Resubmission of Process IV and V applications are subject to the requirements of LMC 18A.02.420(B). (Ord. 264 § 1 (part), 2001.)

18A.02.600Public Notice and Permit Decision Procedures.
18A.02.605Purpose - Public Notice and Permit Decision Procedures.

This section is intended to provide procedures for the processing of project permits pursuant to the requirements of Chapter 36.70B RCW, including, but not limited to, preapplication conferences, SEPA consistency, determination of completeness, notice of application, public notice, public hearing and appeal processes for review of project permits. (Ord. 264 § 1 (part), 2001.)

18A.02.610Applicability - Public Notice and Permit Decision Procedures.

All Process III, and IV permits and any Process I and II that are subject to environmental review under the State Environmental Policy Act (SEPA) (Chapter 43.21C RCW) are subject to the provisions of LMC 18A.02.600 and 700. An environmental checklist shall be submitted in conjunction with the submittal of a project permit application subject to LMC 18A.02.630. One environmental threshold determination shall be made for all related project permit applications. The City shall not issue a threshold determination, other than a Determination of Significance (DS), prior to the submittal of a complete project permit application and the expiration of the public comment period in the notice of application pursuant to LMC 18A.02.670, but may utilize the public notice procedures as outlined in LMC 18A.02.688 to consolidate public notice. (Ord. 264 § 1 (part), 2001.)

18A.02.615Exemptions - Public Notice and Permit Decision Procedures.

The following permits or approvals are specifically excluded from the procedures set forth in LMC 18A.02.620-700, and LMC 18A.02.730:

A. Landmark designations.

B. Street or other right-of-way vacations.

C. Street use permits.

D. Building permits which are categorically exempt from environmental review under SEPA or that do not require street improvements, boundary line adjustments, or other construction permits, pursuant to RCW 36.70B.140(6).

E. Administrative approvals which are categorically exempt from environmental review under SEPA, pursuant to Chapter 43.21C RCW and LMC 14.02, Environmental Rules and Procedures, or for which environmental review has been completed in connection with other project permits.

F. Process V Legislative actions. The following Process V actions are legislative, and are not subject to the provisions of LMC 18A.02.620-700, unless otherwise specified:

1. Zoning newly annexed lands.

2. Area-wide rezones and zoning map amendments to implement city policies.

3. Comprehensive plan amendments.

4. Development regulations and zoning text amendments.

5. Other similar actions that are non-project related. (Ord. 307 § 3, 2003; Ord. 264 § 1 (part), 2001.)

18A.02.620Preapplication Conference.
18A.02.621Purpose - Preapplication Conference.

The purpose of the preapplication conference is to acquaint the applicant with the substantive and procedural requirements of the Lakewood Municipal Code in relation to the proposed project and the applicable elements of the comprehensive plan, to arrange such technical and design assistance as will aid the applicant, and to otherwise identify policies and regulations associated with the proposed development. (Ord. 264 § 1 (part), 2001.)

18A.02.622Applicability - Preapplication Conference.

A. A preapplication conference shall be required for all Process III and IV permits and for all Process I and II permits that require environmental review. A preapplication conference may also be required for any project subject to the requirements of LMC 18A.50.200, Community Design, at the discretion of the Community Development Director. A preapplication conference may also be initiated by an applicant for a project where technical review is desired. Only one preapplication conference shall be required for all project permit applications related to the same project, however, an applicant may request multiple preapplication conferences in relationship to a given project. A preapplication conference shall precede the submittal of any project permit application, including an environmental checklist. The Community Development Director may waive, in writing, the requirement for a preapplication conference for proposals that are determined not to be of a size and complexity to require the detailed analysis of a preapplication conference, or as otherwise determined not appropriate for such review.

B. Submission of Application. To initiate a preapplication conference, an applicant shall submit a completed form provided by the City and all information pertaining to the proposal as prescribed by administrative procedures of the Community Development Department. Failure to provide all pertinent information may prevent the city from identifying all applicable issues or providing the most effective preapplication conference.

C. Limitations. It is impossible for the conference to be an exhaustive review of all potential issues. The discussion at the conference or the information form given to the applicant shall not bind or prohibit the City’s future application or enforcement of the applicable law, rather, is intended to offer the applicant guidance in preparing a development proposal for submittal. (Ord. 264 §1 (part), 2001.)

18A.02.630Project Permit Applications.

A. Applications for all project permits shall be submitted upon forms provided by the City and shall, at a minimum, consist of the materials specified in this section, plus any other materials required on the application form or by this title.

1. A completed development permit application form.

2. An explanation of intent, stating the nature of the proposed development, reasons for the permit request, pertinent background information, information required on the application form, technical reports, studies and data required to address conditions on the site or criteria of the permit or approval requested, and other information that may have a bearing in determining the action to be taken.

3. Proof that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has the consent of all partners in ownership of the affected property.

4. Legal description of the property affected by the application.

5. Plans, maps and other exhibits appropriate to the type of development proposal or the area involved. The Department may require, at its discretion, boundary and/or topographical surveys of the project site and immediate surroundings prepared by a licensed land surveyor.

6. The fee established for such application by the City Council.

B. Application materials shall be submitted to the Community Development Director who shall have the date of submission indicated on each copy of the materials submitted. (Ord. 307 § 4, 2003; Ord. 264 § 1 (part), 2001.)

18A.02.635Determination of Completeness - Permit Application.

A. Within twenty-eight (28) calendar days after receiving a project permit application for review for completeness, the City shall mail or personally provide a written determination of completeness to the applicant which to the extent known by the City identifies other agencies with jurisdiction over the project permit application and states either that the application is complete; or that the application is incomplete and what is necessary to make the application complete. If the City does not provide a written determination to the applicant that the application is incomplete, the application shall be deemed complete. The time period guidelines for review of project permit applications begin following the determination of a complete application. The City’s determination of completeness shall not preclude the City from requesting additional information or studies either at the time of the notice of completeness or at some later time, if there are substantial changes in the proposal or new information is received through the application review process.

B. Incomplete Applications. Prior to a determination of a complete application, if the applicant receives a written determination from the City that an application is not complete, the applicant shall have up to ninety (90) calendar days to submit the necessary information to the City. Within fourteen (14) calendar days after an applicant has submitted the requested additional information, the City shall make the determination as described in LMC 18A.02.635(A) above and notify the applicant in the same manner. If the applicant either refuses, in writing, to submit additional information, or does not submit the required information within the ninety (90) calendar day period, the application shall lapse because of a lack of information necessary to complete the review. (Ord. 264 § 1 (part), 2001.)

18A.02.645Project Review - Permit Application.

Following a determination that an application is complete, the City shall begin project review. (Ord. 264 § 1 (part), 2001.)

18A.02.650Incorrect Applications - Permits.

Following a determination of a complete application and the commencement of project review, the City may make a determination in writing that some information is incorrect and require that corrected information be submitted. The applicant shall have up to ninety (90) calendar days to submit corrected information. The City shall have fourteen (14) calendar days to review the submittal of corrected information. If the corrected information is still not found to be sufficient, the City shall notify the applicant in writing that the submitted information is incorrect, and the time period set forth in subsection (A) shall be repeated. This process may continue until complete or corrected information is obtained. If the requested corrected information is sufficient, the City shall continue with project review, in accordance with the time calculations exclusions set forth in LMC 18A.02.735, Time Limitations. If the applicant either refuses in writing to submit corrected information or does not submit the corrected information within the ninety (90) calendar day period, the application shall lapse. (Ord. 264 § 1 (part), 2001.)

18A.02.652Appeal - Permit Applications.

Appeal of an administrative determination of an incomplete or incorrect application shall be made pursuant to LMC 18A.02.740. (Ord. 264 § 1 (part), 2001.)

18A.02.655Referral of Applications - Permits.

Within ten (10) calendar days of determining a complete application, the Community Development Director shall transmit a copy of the application, or appropriate parts of the application, to each appropriate agency and City department for review and comment, including those responsible for determining compliance with state, federal and county requirements. The affected agencies and City departments shall have fifteen (15) calendar days to comment. The referral agency or City department is presumed to have no comments if comments are not received within the specified time period. The Community Development Director may grant an extension of time if the application involves unusual circumstances. (Ord. 264 § 1 (part), 2001.)

18A.02.665Public Notice - Permit Application.

The available records of the Pierce County Assessor’s Office shall be used for determining the property taxpayer of record. Addresses for mailed notice shall be obtained from the County’s real property tax records. All public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first. Failure to provide public notice as described in this chapter or irregularity in said notice shall not be grounds for invalidation of any permit decision. In addition to persons to receive notice as required by the matter under consideration, the Community Development Director shall provide notice to others he has reason to believe are affected or otherwise represent an interest that may be affected by the proposed development. (Ord. 264 § 1 (part), 2001.)

18A.02.670Notice of Application - Permits.

A. A notice of application shall be issued within fourteen (14) calendar days after the City has made a determination of completeness pursuant to LMC 18A.02.635 for all Process I and II permits that require SEPA review; all short plats and shoreline substantial development permits; and all Process III and IV applications; provided, that the notice of application shall be provided at least fifteen (15) calendar days prior to any required open record hearing. One (1) notice of application shall be completed for all permit applications related to the same project at the time of the earliest complete permit application.

B. SEPA exempt projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record hearing is required prior to the decision on the project.

C. Contents. The notice of application shall include:

1. The case file number(s), the date of application, the date of the determination of completeness for the application and the date of the notice of application.

2. A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested by the review authority pursuant to RCW 36.70B.070.

3. The identification of other required permits which are not included in the application, to the extent known by the City.

4. The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed.

5. A statement of the limits of the public comment period, which shall be not less than fourteen (14) nor more than thirty (30) calendar days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights.

6. The tentative date, time, place and type of hearing. The tentative hearing date is to be set at the time of the date of notice of the application.

7. A statement of those development regulations that will be used for project mitigation and of consistency as provided in LMC 18A.02.680, Consistency with Development Regulations and SEPA.

8. The name of the applicant or applicant’s representative and the name, address and telephone number of a contact person for the applicant, if any.

9. A description of the site, including current zoning and nearest road intersections, reasonably sufficient to inform the reader of its location.

10. Any other information determined appropriate by the City, such as a Determination of Significance, if complete at the time of issuance of the notice of application or the City’s statement of intent to issue a Determination of Non-Significance (DNS) pursuant to the optional Determination of Non-Significance (DNS) process set forth in WAC 197-11-355.

D. Mailing of Notice. The City shall mail a copy of the notice of application to the following:

1. The applicant.

2. Agencies with jurisdiction.

3. Any person who requests such notice in writing.

E. Public Comment on the Notice. All public comments on the notice of application must be received by the Community Development Department or postmarked by 5 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile. Comments should be as specific as possible.

F. Posted Notice. In addition to the mailed notice of application, the City will provide notice of application at Lakewood City Hall, in the register for public review at the Community Development Department office and posted on the subject property. The applicant shall be responsible for posting a notice board on the property on which City notices can be placed. Public notice shall be accomplished through the use of City poster boards mounted on a four (4) foot by four (4) foot plywood face generic notice board to be supplied by the applicant, to the specifications of the Community Development Department as follows:

1. Posting. Posting of the property for site-specific proposals shall consist of one (1) or more notice boards as follows:

a. A single notice board shall be placed by the applicant in a conspicuous location on a street frontage bordering the subject property.

b. Each notice board shall be visible and accessible for inspection by members of the public.

c. Additional notice boards may be required when:

(1) The site does not abut a public road; or

(2) Additional public notice boards are required under other provisions of the Lakewood Municipal Code; or

(3) The Community Development Director determines that additional notice boards are necessary to provide adequate public notice.

d. Notice boards should be:

(1) Constructed and installed in accordance with specifications determined by the Community Development Department, including mounted and bolted onto at least two four (4) inch by four (4) inch wood posts, and placed securely in the ground;

(2) Maintained in good condition by the applicant during the notice period;

(3) In place at least fifteen (15) calendar days prior to the end of any required comment period; and

(4) Removed by the applicant within ten (10) calendar days after the end of the notice period or final hearing date.

e. Notice boards that are removed, stolen, or destroyed prior to the end of the notice period may be cause for discontinuance of the departmental review until the notice board is replaced and remains in place for the specified time period. The City shall notify the applicant when it comes to the City’s attention that notice boards have been removed prematurely, stolen, or destroyed.

f. An affidavit of posting shall be submitted by the Community Development Director at least seven (7) calendar days prior to the hearing. If the affidavits are not filed as required, any scheduled hearing or date by which the public may comment on the application may be postponed in order to allow compliance with this notice requirement.

g. SEPA information shall be added by the City to the posted sign within applicable deadlines. An affidavit of posting shall be submitted by the Community Development Director. (Ord. 264 § 1 (part), 2001.)

18A.02.675Published Notice - Permit Application.

Published notice of application in an official newspaper of general circulation in the area where the proposal is located is required for Process I and II permits that require SEPA review; all short plats and shoreline substantial development permits; and all Process III and IV applications, except subdivision final plats and appeals. Published notice shall include at least the following information:

A. Project location.

B. Project description.

C. Type of permit(s) required.

D. Comment period dates.

E. The location where the complete application may be reviewed. (Ord. 264 § 1 (part), 2001.)

18A.02.680Consistency with Development Regulations and SEPA.

When the City receives a project permit application, consistency between the proposed project and the applicable regulations and comprehensive plan should be determined through the process in this title and LMC 14.02. During project permit application review, the City shall determine whether the items listed in this section are defined in the development regulations applicable to the proposed project. In the absence of applicable development regulations, the City shall determine whether the items listed in this section are defined in the City’s adopted comprehensive plan. This determination of consistency shall include the following:

A. The type of land uses permitted at the site, including uses that may be allowed under certain circumstances, if the criteria for their approval have been satisfied.

B. The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density.

C. Availability and adequacy of infrastructure, including public facilities and services identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW.

D. Characteristics of the development, such as development standards.

E. In deciding whether a project is consistent, the determinations made pursuant to this section shall be controlling. Nothing in this section limits the City from asking more specific or related questions. (Ord. 264 § 1 (part), 2001.)

18A.02.685Initial SEPA Analysis.

A. The City shall also review the project permit application under the requirements of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and LMC 14.02. This SEPA analysis shall:

1. Determine whether the applicable federal, state and local regulations require studies that adequately analyze all of the project permit application’s specific probable adverse environmental impacts.

2. Determine if the applicable regulations require measures that adequately address such environmental impacts.

3. Determine whether additional studies are required and/or whether the project permit application should be conditioned with additional mitigation measures.

4. Provide prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level.

B. In its review of a project permit application, the City may determine that the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, comprehensive plan and/or in other applicable local, state or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the application.

C. A comprehensive plan, development regulation or other applicable local, state or federal law provides adequate analysis of and mitigation for the specific adverse environmental impacts of an application when the impacts have been avoided or otherwise mitigated; or the City has designated as acceptable certain levels of service, land use designations, development standards or other land use planning required or allowed by Chapter 36.70A RCW.

1. The City’s determination of consistency with the items identified in LMC 18A.02.685(A). above, shall not prohibit the City from denying, conditioning, or mitigating impacts due to other aspects of the project.

2. In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the City shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the City shall base or condition its project approval on compliance with these other existing rules or laws.

3. Nothing in this section limits the authority of the City in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW.

4. The City shall also review the application under LMC 14.02, Environmental Rules and Procedures. (Ord. 264 § 1 (part), 2001.)

18A.02.690Categorically Exempt Actions - SEPA.

Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be conditioned or denied under SEPA. (Ord. 264 § 1 (part), 2001.)

18A.02.695Planned Actions - SEPA.

A planned action pursuant to LMC 18A.10.700 does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA. During project review, the City shall not reexamine alternatives or hear appeals on the items identified in LMC 18A.02.685.B., except for issues of code interpretation, the process for which is outlined in LMC 18A.02.200. (Ord. 264 § 1 (part), 2001.)

18A.02.700Notice of Public Hearing.

A. Notice of public hearing is required for all types of applications for which a public hearing is held. Notice of public hearing shall be reasonable calculated to give actual notice and, other than for a legislative action under LMC 18A.02.500, Decision Making Processes, shall contain the following information:

1. The name of the applicant or the applicant’s representative.

2. Description of the affected property, which may be in the form of either a vicinity location sketch or written description, other than a legal description.

3. The date, time, and place of the hearing.

4. The nature of the proposed use or development.

5. A statement that all interested persons may appear and provide testimony.

6. When and where information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted.

7. The name of a City representative to contact and the telephone number where additional information may be obtained.

8. That a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at the cost of reproduction.

9. That a copy of the staff report will be available for inspection at no cost at least five (5) calendar days prior to the hearing and copies will be provided at the cost of reproduction.

B. Mailed notice of public hearing. Mailed notice of the public hearing shall be provided by the City as follows:

1. All owners of real property as shown by the records of the County Assessor’s Office within three hundred (300) feet of the subject property.

2. Any person who submits written comments on an application.

3. Shoreline permit notices shall be in accordance with the requirements of WAC 173-27-110.

4. Process V actions. For Process V legislative actions, the City shall publish notice as described in LMC 18A.02.700(C), Procedure for published notice of public hearing, and use all other methods of notice as required by RCW 35A.12.160.

C. Procedure for posted and/or published notice of public hearing.

1. Posted notice of the public hearing is required for all Process III and IV permit actions. The posted notice of hearing shall be added to the sign already posted on the property pursuant to LMC 18A.02.670(F), Posted Notice.

2. Published notice of the public hearing is required for all Process III and IV procedures. The published notice shall be published at least once in a newspaper of general circulation within the City and contain the following information:

a. Project location.

b. Project description and nature of issues to be discussed at the hearing;

c. Type of permit(s) required.

d. Comment period dates and how written comments addressing findings required for a decision by the hearing body may be submitted.

e. The location where the complete application may be reviewed.

D. Time of notice of public hearing.

1. Notice shall be mailed, posted and first published not less than fifteen (15) nor more than thirty (30) days prior to the hearing requiring the notice. Any posted notice shall be removed by the applicant within ten (10) calendar days following the conclusion of public hearing(s). (Ord. 264 § 1 (part), 2001.)

18A.02.710Hearing Staff Report.

When an application or appeal has been set for public hearing, the Community Development Department shall coordinate and assemble the reviews of other departments and governmental agencies having an interest in the subject application or appeal and shall prepare a report summarizing the issues and factors involved, the decision criteria and the department’s findings and recommendation or decision. At least five (5) working days prior to the date of the scheduled hearing, the staff report and any written arguments or correspondence submitted to the City, shall be filed with the decision-making body and copies thereof shall be mailed to all persons of record. (Ord. 264 § 1 (part), 2001.)

18A.02.720Open Record Public Hearings.

A. Open record hearings shall be conducted in accordance with this section. The Community Development Director shall be responsible for the hearing and shall:

1. Schedule an application for review and public hearing.

2. Give notice; however, applicant is responsible for some of the notice requirements.

3. Prepare the staff report on the application, which shall be a single report stating all of the decisions made as of the date of the report, including recommendations on project permits in the consolidated permit process that do not require an open record pre-decision hearing. The report shall state any mitigation required or proposed under the development regulations or the City’s authority under SEPA. If the threshold determination other than a determination of significance has not been issued previously by the City, the report shall include or append this determination. In the case of a Process I or II project permit application, this report may be the permit.

4. Prepare the notice of decision, if required by the hearing body, and/or mail a copy of the notice of decision to those required by this code to receive such decision.

B. Conflict of interest. The hearing body shall be subject to the code of ethics and prohibitions on conflict of interest as set forth in RCW 35A.42.020 and Chapter 42.23 RCW, as the same now exists or may hereafter be amended.

C. Ex parte communications.

1. No member of the hearing body may communicate, directly or indirectly, regarding any issue in a quasi-judicial proceeding before him or her, other than to participate in communications necessary to procedural aspects of maintaining an orderly process, unless he or she provides notice and opportunity for all parties to participate; except as provided in this section:

a. The hearing body may receive advise from legal counsel.

b. The hearing body may communicate with staff members, except where the proceeding relates to a code enforcement investigation or prosecution.

2. If, before serving as the hearing body in a quasi-judicial proceeding, any member of the hearing body receives an ex parte communication of a type that could not properly be received while serving, the member of the hearing body, promptly after starting to serve, shall disclose the communication as described in LMC 18A.02.720(C)(3), below.

3. If the hearing body receives an ex parte communication in violation of this section, he or she shall place on the record:

a. All written communications received.

b. All written responses to the communications.

c. The substance of all oral communications received and all responses made; and

d. The identity of each person from whom the hearing body received any ex parte communication. 4. The hearing body shall advise all parties that these matters have been placed on the record.

5. Upon request made within ten (10) calendar days after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record.

D. Disqualification.

1. A member of the hearing body who is disqualified may be counted for purposes of forming a quorum. Any member who is disqualified may be counted only by making full disclosure to the audience, abstaining from voting on the disqualification, vacating the seat on the hearing body and physically leaving the hearing.

2. If all members of the hearing body are disqualified, all members present after stating their reasons for disqualification shall be re-qualified and shall proceed to resolve the issues.

3. Except for Process VI actions, a member absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has reviewed the evidence received.

E. Burden and nature of proof. The burden of proof is on the proponent, pursuant to LMC 18A.02.150, Burden and Nature of Proof. The project permit application must be supported by proof that it conforms to the applicable elements of the City’s development regulations, comprehensive plan and that any significant adverse environmental impacts have been adequately addressed.

F. Order of proceedings. The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate.

1. Before receiving information on the issue, the following shall be determined:

a. Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing body has the discretion to proceed or terminate.

b. Any abstentions or disqualifications shall be determined.

2. The presiding officer may take official notice of known information related to the issue, such as:

a. A provision of any ordinance, resolution, rule, officially adopted development standard or state law.

b. Other public records and facts judicially noticeable by law.

3. Matters officially noticed need not be established by evidence and may be considered by the hearing body in its determination. Parties requesting notice shall do so on the record; however, the hearing body may take notice of matters listed in this section if stated for the record. Any matter given official notice may be rebutted.

4. The hearing body may view the area in dispute with or without notification to the parties, but shall place the time, manner, and circumstances of such view on the record.

5. Information shall be received from the staff and from proponents and opponents. The presiding officer may approve or deny a request from a person attending the hearing to ask a question. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the question to the person submitting testimony.

6. When the presiding officer has closed the public hearing portion of the hearing, the hearing body shall openly discuss the issue and may further question a person submitting information or the staff if opportunity for rebuttal is provided.

G. Recommendation/decision. The hearing body shall issue a recommendation or decision, as applicable, within fourteen (14) calendar days of the record being closed.

H. Reconsideration. A party of record may ask for a reconsideration of a decision by the hearing examiner for a Process III action or a recommendation by the Planning Commission for a Process IV action. Reconsideration is not authorized for Process I and Process II applications. A reconsideration may be requested if either:

1. A specific error of fact or law can be identified.

2. New evidence is available which was not available at the time of the hearing.

I. A request for reconsideration shall be filed by a party of record within five (5) working days of the date of the initial decision/recommendation. Any reconsideration request shall cite specific references to the findings and/or criteria contained in the ordinances governing the type of application being reviewed. A request for reconsideration temporarily suspends the appeal deadline. The Hearing Examiner shall promptly review the reconsideration request and within five (5) working days issue a written response, either approving or denying the request. If the reconsideration is denied, the appeal deadline of the Hearing Examiner’s decision shall recommence for the remaining number of days. If a request for reconsideration is accepted, a decision is not final until after a decision on reconsideration is issued. (Ord. 604 § 11, 2015; Ord. 264 § 1 (part), 2001.)

18A.02.725Joint Public Hearings.

A. The Community Development Director may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as:

1. The other agency consents to the joint hearing;

2. The other agency is not expressly prohibited by statute from doing so;

3. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule;

4. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing; and

5. The hearing is held within the Lakewood city limits.

B. An applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in LMC 18A.02.530(D) and 18A.02.730(B). In the alternative, the applicant may agree to a particular schedule if additional time is needed in order to complete the hearings. (Ord. 264 § 1 (part), 2001.)

18A.02.730Notice of Decision.

A. Following a decision of a project permit by the applicable decision-making body, the City shall provide a notice of decision that also includes a statement of any threshold determination made under SEPA (Chapter 43.21C RCW) and the procedures for appeal.

B. The notice of decision should be issued within one hundred twenty (120) calendar days after the City notifies the applicant that the application is complete, unless the City makes written findings that a specified amount of additional time is needed for processing of specific complete project permit applications or project types. The time frames set forth in this section shall apply to project permit applications filed on or after the effective date of this title.

C. The notice of decision shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application.

D. Notice of the decision shall be provided to the public as set forth in LMC 18A.02.700, Notice of Public Hearing. The City shall provide notice of the decision to the County Assessor’s Office if affected property owners request a change in valuation for property tax purposes.

E. If the City is unable to issue its final decision within the time limits provided in this chapter, it shall make written findings that a specified amount of additional time is needed for processing of specific complete project permit applications or project types and shall provide written notice to the parties of record. The written findings and notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision. (Ord. 264 § 1 (part), 2001.)

18A.02.735Time Limitations.

A. Calculation of time periods for issuance of notice of final decision. In determining the number of calendar days that have elapsed after the City has notified the applicant that the application is complete for purposes of calculating the time for issuance of the notice of decision, the following periods shall be excluded:

1. Any period during which the applicant has been requested by the City to correct plans, perform required studies, provide additional required information, or otherwise requires the applicant to act. The period shall be calculated from the date the City notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen (14) calendar days after the date the information has been provided to the City.

2. If the City determines that the information submitted by the applicant under LMC 18A.02.635, Determination of Completeness, is insufficient or incorrect.

3. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, if the City by ordinance has established time periods for completion of environmental impact statements, or if the City and the applicant in writing agree to a time period for completion of an environmental impact statement.

4. Any period for administrative appeals of project permit applications, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period for consideration and decision on appeals shall not exceed:

a. Ninety (90) calendar days for an open record appeal hearing.

b. Sixty (60) calendar days for a closed record appeal; unless the parties agree to extend these time periods.

5. Any reasonable extension of time mutually agreed upon by the applicant and the local government.

B. Time limit exceptions. The time limits established in this section do not apply if a project permit application:

1. Requires an amendment to the comprehensive plan or a development regulation.

2. Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200.

3. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete pursuant to LMC 18A.02.635-640, Determination of Completeness.

C. Failure to meet time limit. If the City is unable to issue its final decision within the time limits provided in this chapter, it shall make written findings that a specified amount of additional time is needed for processing of specific complete project permit applications or project types and shall provide written notice to the parties of record. The written findings and notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of a final decision. The City is not liable for damages due to its failure to make a final decision within the time limits established in this chapter. (Ord. 264 § 1 (part), 2001.)

18A.02.740Appeals.

A. Appeals of decisions. This section allows for appeals as provided in the framework in LMC 18A.02.500, Decision Making Processes. All appeals are heard by the Hearing Examiner.

B. Consolidated appeals.

1. All appeals of project permit application decisions, other than an appeal of a Determination of Significance (DS), shall be considered together in a consolidated appeal.

2. Appeals of environmental determinations under LMC 14.02. Environmental Rules and Procedures, including administrative appeals of a threshold determination shall proceed as provided in that chapter.

C. Filing of an Appeal.

1. Any person aggrieved by a Process I or II administrative action, as described in LMC 18A.02.530, may file an appeal with the City Clerk within 14 days after the date of the action. Pursuant to WAC 197-11-680, if the appeal is of both a project decision and a SEPA Determination of Non-Significance (DNS) for which a public comment period is required by state or local law, and where the DNS is issued at the same time as the project decision, said decisions may be appealed within twenty-one (21) calendar days after the notice of decision/ threshold determination has been issued.

2. All appeals shall be filed in writing with the city clerk and shall conform to the requirements for the filing of a notice of appeal under chapter 1.36 LMC

3. Following receipt of an appeal and payment of the appropriate fee, an appeal hearing shall be set by the hearing examiner. Notice of filing of the appeal and the date, time and location of the scheduled open record appeal hearing shall be mailed to the applicant, appellant, and any persons that have submitted substantive comments on the proposal. The notice shall include a copy of the written appeal. In addition, upon a motion by the appellant or the City at least thirty (30) days prior to the hearing date, the hearing examiner may order that notice of the open record hearing be publicly advertised or announced in any appropriate manner within the hearing examiner's discretion. The form of this public notice may be different from the form of the notice provided to the parties of record and need not include a copy of the appeal.

D. Effect. The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is adjudicated by the hearing examiner, or is withdrawn.

E. Appeal Hearing. The appeal shall be heard at an open record hearing. Participation in an appeal hearing is limited to the applicant, the applicant's representative, the appellant, the appellant's representative, appropriate city staff, and any witnesses called by each.

F. Standard of Review. The administrative decision under appeal shall be given substantial weight by the hearing examiner. On any such appeal, the standard of review shall be whether the administrative decision was clearly erroneous based on a review of all evidence, or the administrative decision was arbitrary or capricious. Failure of a party to request review by the hearing examiner of an administrative decision shall be a bar to any further judicial review. (Ord. 585 § 28, 2014; Ord. 408 § 2, 2006; Ord. 307 § 5, 2003; Ord. 264 § 1 (part), 2001.)

18A.02.755Judicial Appeals. (Repealed)

(Repealed Ord. 585 § 29, 2014; Ord. 264 § 1 (part), 2001.)

18A.02.800Nonconformities.
18A.02.805Purpose - Nonconformities.

Within the zoning districts established by this title, or as amended, there may exist lots, uses, and structures that were lawfully established but which no longer conform to the provisions and standards of the zoning district in which they are located. Nonconformities may adversely affect the development and redevelopment of the City consistent with the provisions of the comprehensive plan. This section provides for the regulation of these legally existing nonconformities and attempts to balance the rights of property owners to continue the use of their properties and the perpetuation of uses envisioned under the City's comprehensive plan and this title. These standards specify the circumstances, conditions, and procedures under which such nonconformities are permitted to endure. (Ord. 264 § 1 (part), 2001.)

18A.02.810Applicability – Nonconformities.

A. This section shall apply to legally existing nonconformities, except the following:

1. Nonconforming signs as defined in LMC 18A.50.600, Sign Regulations, which shall instead be governed by standards set forth in that section.

2. Nonconforming wireless telecommunications facilities as defined in LMC 18A.70.600, Wireless Telecommunications Facilities, which shall instead be governed by standards set forth in that section.

3. Nonconforming mobile home parks as defined in LMC 18A.70.400, Manufactured Home Parks, which shall instead be governed by standards set forth in that section.

4. Permit applications at the time of this title’s passage that constitute vested development as defined in LMC 18A.02.350, Vested Rights, which shall instead be governed by standards set forth in that section. Future plans to further develop property shall not constitute a basis for nonconformity status, whether or not documented in public record, except when they constitute a vesting. Nothing in this section shall be construed to require a change in plans, construction, or intended use related to vested development, though it may thereafter be regulated as a nonconformity. (Ord. 651 § 21, 2016; Ord. 552 § 3, 2012; Ord. 483 § 6, 2008; Ord. 264 § 1 (part), 2001.)

18A.02.815Nonconforming Lots of Record.
18A.02.820Variances Allowable - Nonconforming Lots of Record.

The entire contiguous ownership of land shall be considered as a single parcel of land for determination of non-conformance as a consideration of development. A record of separate lot or parcel boundaries shall be disregarded. It is recognized that the dimensions of some nonconforming lots of record are so constrained that meeting some development regulations such as setbacks would render such lots essentially unbuildable. The City will consider unusual hardships in reviewing applications for such development. Variances may be granted in such instances based on individual circumstances and may be conditioned to mitigate any negative effect on the surrounding area. (Ord. 264 §1 (part), 2001.)

18A.02.825Alteration - Nonconforming Lots of Record.

Nonconforming lots may not be altered in any way that would increase the degree of nonconformity; provided, this does not preclude acquisition or dedication of additional public right of way when deemed necessary by the City Engineer. (Ord. 264 § 1 (part), 2001.)

18A.02.830Nonconforming Uses.
18A.02.835Maintenance, Alteration and Expansion - Nonconforming Uses.

Nonconforming uses and the structures they occupy may continue to be operated and occupied except as provided below. Routine maintenance and repairs may be performed on land or structures containing a nonconforming use. A nonconforming use shall not be changed to another nonconforming use. Nonconforming uses outside of a structure which occupy only a portion of a lot may not be expanded to any other portion of the property not previously regularly and actually occupied for such use. Nonconforming uses may not be expanded unless such expansion is required by law or a public agency in order to comply with public health, safety or welfare regulations; provided, that any existing nonconforming single-family detached housing unit may be expanded, and new detached accessory structures consistent with the standards set forth for residential accessory buildings in LMC 18A.50.140 may be allowed upon properties where existing nonconforming single-family detached housing is located.

All applicable construction permits must first be obtained for any such work. Other than regulations relating to public health, safety, and welfare, nonconforming uses, either inside or outside of a structure, may be altered or moved only if the proposed development and its use will be more compatible with the surrounding area than the current development and use considering the following:

A. The character and history of the use and of development in the surrounding area.

B. The comparable degree of noise, vibration, dust, odor, fume, glare, or smoke detectable at the property line.

C. The comparative amount and nature of outside storage, loading and parking.

D. The comparative visual appearance.

E. The comparative hours of operation.

F. The comparative numbers and kinds of vehicular trips to the site.

G. The comparative effect on existing vegetation.

H. The comparative effect on water drainage.

I. The degree of service or other benefit to the area.

J. Other factors which tend to reduce conflicts or increase compatibility with the character or needs of the area. (Ord. 483 § 7, 2008; Ord. 277 § 1 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.02.837Limited Expansion of Multi-Family Residential Dwelling Units in Single Family Residential Zoning Districts.

The owner of a property containing multiple dwelling units in a single family residential zone may designate one of the dwelling units on the property as the “primary unit”. This designated primary unit shall thereafter be permitted to be expanded, notwithstanding the provisions of LMC 18A.02.855(A). Designation and expansion of the primary unit shall be subject to the following:

A. This policy shall be administered by the Community Development Director, or the designee thereof, and shall apply only to an individual detached dwelling unit. Units attached to other dwelling units shall not generally be permitted to be designated as the primary unit, except for duplex units where duplexes are permitted by the terms of the underlying zoning district.

B. It shall remain the policy of the City to seek the discontinuance of the non-conforming aspects of the use through attrition. The remaining units on the property shall only be permitted to remain subject to the provisions of the Lakewood Municipal Code regarding non-conforming uses.

C. The selection and designation of the “primary unit” shall be based on the specific characteristics of the site. The designated primary unit shall generally be the largest, most prominent, or highest value unit on the property.

D. Once selected, the “primary unit” designation shall not be transferred to another unit on the property. Documentation of the principal unit designation shall be kept on file with the City.

E. Expansion of the primary unit shall not include any new or additional kitchen facilities or additional dwelling units, although remodeling of existing kitchen facilities may be allowed.

F. Development of the site, including expansion of the primary unit, shall be subject to all applicable development regulations including building and impervious surface coverage, setbacks, separation between buildings, etc.

G. The Community Development Director, or the designee thereof, may impose conditions on the designation or expansion of the primary unit to make the development of property more compatible with surrounding land uses. The Community Development Director or designee may require that specific units on the property be removed where such units are in violation of the Uniform Code for the Abatement of Dangerous Buildings, the International Property Maintenance Code, or the development standards of the zoning district in which the property is located.

H. Any other non-conforming uses on the property shall be eliminated and removed prior to the approval of any development under this policy. (Ord. 392 § 1, 2005.)

18A.02.840Nonconforming Structures.

Maintenance, Improvements and Alterations. Minor improvements and alterations to nonconforming structures are allowed to prevent them from becoming blighted and having detrimental impacts on the surrounding neighborhood. Nothing in this section shall be construed to prevent the strengthening or restoring to a safe condition any nonconforming structure or part thereof declared to be unsafe by the Building Official or other proper authority. No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use. Alterations or expansions of nonconforming structures which are required by law or a public agency in order to comply with public health, safety or welfare regulations are allowable, even if in conflict with other provisions of this title. All applicable construction permits must first be obtained for any such work. Other than regulations relating to public health, safety, and welfare, nonconforming structures may only be altered in a manner that increases the degree of nonconformity only if the proposed alteration to the structure will be more compatible with the surrounding area than the current development and use considering the following:

A. The character and history of the structure and of development in the surrounding area.

B. The comparable degree of noise, vibration, dust, odor, fume, glare, or smoke detectable at the property line.

C. The comparative amount and nature of outside storage, loading and parking.

D. The comparative visual appearance.

E. The comparative effect on existing vegetation.

F. The comparative effect on water drainage.

G. The degree of benefit to the surrounding area.

H. Other factors which tend to reduce conflicts or increase compatibility with the character or needs of the area. (Ord. 264 §1 (part), 2001.)

18A.02.845Proof of Nonconformity.

The burden of demonstrating that nonconformity is lawful under this title rests with the property or business owner. Some examples of evidence that may indicate legal nonconforming status include: tax assessment records, construction or other permit records, personal or business income tax records, business license records, dated past advertising, dated business receipts to customers, dated rent receipts, affidavits from neighbors or tenants, testamentary documents, photographs whose date may be clearly ascertained, and other such information which is competent and factual. The City may, at its discretion, request such records from a property or business owner as a basis for determining whether nonconformity was legally established and preexisting. (Ord. 264 § 1 (part), 2001.)

18A.02.850Termination of Nonconforming Status.

A. A nonconforming development or use shall terminate under the following conditions:

1. When the use has been discontinued for a period of six (6) or more months.

2. When a nonconforming structure has been damaged or destroyed to an extent exceeding fifty (50) percent or more of its fair market value as indicated by the records of the Pierce County Assessor.

B. Provided; that damaged uses that are allowed to reestablish, as provided in LMC 18A.02.855, Damage or Destruction, shall not be considered to be terminated. Once terminated, the use shall not be reestablished, and any subsequent use must comply with the regulations of the zoning district in which it is located. (Ord. 264 § 1 (part), 2001.)

18A.02.855Damage or Destruction - Nonconforming Uses.

A. If a nonconforming use or structure is damaged or destroyed by any means to the extent of fifty (50) percent or more of fair market value, it may not be reestablished except in compliance with the regulations of the zoning district in which it is located. This provision shall not apply to dwelling units located in residential districts or in established mobile home parks, which may be reconstructed or replaced with no substantial change in floor area or other nonconforming feature.

B. If a nonconforming use or structure is damaged due to an involuntary event of fire, natural disaster or other casualty, to the extent of less than fifty (50) percent of fair market value, it may be restored to substantially the same extent of nonconformance as preexisted the damage, provided that all applicable construction permits are obtained prior to commencement of demolition and reconstruction. This provision shall not be construed as reducing any requirements of construction standards in effect for rebuilt structures. Restoration or replacement shall commence within one (1) year from the date of damage or the use shall be terminated pursuant to LMC 18A.02.850, Termination of Nonconforming Status. (Ord. 264 § 1 (part), 2001.)

18A.02.865Administrative Determinations - Nonconforming Uses.

By their nature, nonconformities can be unique and difficult to identify and equitably regulate. If issues of interpretation arise regarding the nonconforming status or replacement when abandonment, damage, or destruction has occurred, the Community Development Director shall issue an administrative determination as set forth in LMC 18A.02.155 and 200. (Ord. 264 § 1 (part), 2001.)