Chapter 18A.20LAND USE TYPES AND LEVELS

Sections:

18A.20.100
Purpose - Land Use Types and Levels.
18A.20.150
Applicability - Land Use Types and Levels.
18A.20.200
Organization - Land Use Types and Levels.
18A.20.300
Residential Use Category - Land Use Types and Levels.
18A.20.320
Boarding Houses.
18A.20.321
Purpose- Boarding Houses.
18A.20.322
18A.20.322 – Applicability- Boarding Houses.
18A.20.323
Standards- Boarding House.
18A.20.400
Civic Use Category - Land Use Types and Levels.
18A.20.500
Utilities Use Category - Land Use Types and Levels.
18A.20.600
Commercial Use Category - Land Use Types and Levels.
18A.20.700
Industrial Use Category - Land Use Types and Levels.
18A.20.800
Agricultural Use Category - Land Use Types and Levels.
18A.20.900
Accessory Use Category - Land Use Types and Levels.
18A.20.100Purpose - Land Use Types and Levels.

This chapter lists and describes various types of land uses that are regulated within this title in order to ensure orderly, uniform, and fair regulation that results in not only the appropriate siting of land uses, but also the appropriate physical relationship between different land uses, which may not always be complementary to one another, as zoning is applied. (Ord. 264 § 1 (part), 2001.)

18A.20.150Applicability - Land Use Types and Levels.

Each land use within Lakewood shall be characterized according to the descriptors listed herein which form the use categories, types, and levels listed herein. 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. For the purpose of reasonable and appropriate regulation, uses which are not listed shall be evaluated for substantial similarity to the listed use categories, types, and levels, pursuant to LMC 18A.02.210(D) and 18A.02.215. (Ord. 264 § 1 (part), 2001.)

18A.20.200Organization - Land Use Types and Levels.

Uses listed herein are grouped into the following major categories: Residential, Civic, Utilities, Commercial, Industrial, Agricultural, and Accessory. Each use category includes a number of use types which, in turn, may contain one or more levels that are organized from the least to most intensive, in terms of size and/or potential impact on surrounding land uses.

Example:

Category: Commercial Use

Use Type: Lodging

Level: 2 (Ord. 264 § 1 (part), 2001.)

18A.20.300Residential Use Category - Land Use Types and Levels.

The Residential use category includes permanent living accommodations for individuals or families of varying economic means, including those having special needs. The Residential use category has been separated into the following types based upon distinguishing features such as the type and scale of the structure, ownership pattern; number, age and special needs of individuals who reside in the structure; and any applicable state and/or local licensing requirements.

A. Single-Family Residential. A residential dwelling unit that provides living accommodations for a single individual or family. This category includes development with up to two (2) dwelling units per individual lot, except cottage housing development where multiple detached single-family dwellings are required, does not including accessory dwelling units permitted under LMC 18A.70.310.

Level 1: Detached single-family: conventionally built, manufactured, or modular homes permanently constructed on-site to meet applicable uniform codes, and placed on a permanent foundation as specified by the manufacturer, where each unit is detached from any other unit and located on its own separate legal lot of record. Manufactured and modular homes are subject to the provisions of LMC 18A.50.180, Manufactured Homes on Individual Lots.

Level 2: Two Family Residential: A legal lot of record containing two units, whether attached or detached from each other (including instances where individual units are held in condominium ownership on a commonly owned parcel), but not including units attached to multiple units on other lots, which are instead classified as Single Family - Level 3 (Attached Single Family-multiple). Two Family Residential also includes attached single-family conventionally built or modular homes permanently constructed on-site to meet applicable uniform codes, and placed on a permanent foundation, where each unit is structurally attached to one, and only one, other unit on a separate parcel, so that the units are attached in pairs.

Level 3: Attached Single Family-multiple: Attached single-family conventionally built or modular homes permanently constructed on-site to meet applicable uniform codes, and placed on a permanent foundation, where each unit is structurally attached to at least one other unit, usually on a separate parcel. A maximum of two units may be located on any individual parcel. This term includes “townhouses” and “rowhouses.”

Level 4: Manufactured home parks, subject to the provisions of LMC 18A.70.400, Manufactured Home Parks.

Level 5: Cottage Housing, subject to the provisions of LMC 18A.70.700, Cottage Housing.

B. Multifamily Residential. Multiple residential units within a single residential structure, or multiple residential structures, which provide separate living accommodations for multiple individuals or families on a single parcel of land, not including manufactured home parks, which are instead treated as a Level 4 Single-Family Residential use type. Multifamily dwelling units are typically under common ownership and management but may be separately owned condominium units on a commonly owned parcel or cooperatively owned. Modular construction may be utilized.

Level 1: Three (3) or more attached or detached dwelling units on a single parcel of land, in structures comprising six or less units.

Level 2: Seven (7) or more attached or detached dwelling units on a single parcel of land in structures comprising more than six units.

Level 3: Multiple, horizontally and/or vertically attached dwelling units combined vertically with and above an allowed commercial use. Commercial uses shall comprise a minimum of fifty (50) percent of the square footage of the ground floor and shall align with the building’s street frontage.

C. Co-Housing. A variety of housing options in which a community facility is included for the purpose of such things as communal meals, laundry, recreation or socialization, day care, and/or other functions supportive of voluntary communal living by an organized group. Examples include fraternity/sorority houses; intentional communities; and religious orders, whether or not in conjunction with a Religious Assembly use type.

D. Type 1 Group Home. Publicly or privately operated living accommodations for related or unrelated individuals having handicaps, subject to compliance with all applicable federal, state, and/or local licensing requirements. For the purposes hereof, “handicap” shall mean a physical or mental impairment which substantially limits one or more of the person’s major life activities, a record of having such an impairment, or being regarded as having such an impairment; however, the term does not include current, illegal use of or an addiction to a controlled substance.

E. Type 2 Group Home. Publicly or privately operated living accommodations for related or unrelated individuals such as group homes for children, group homes providing an alternate residential setting for families in crisis, and other groups not listed within Type 1, 3, 4, or 5 Group Home Residential use types; all subject to compliance with all applicable federal, state, and/or local licensing requirements.

Level 1: A group home with a maximum of seven (7) residents, plus resident staff.

Level 2: A group home with a maximum of ten (10) residents, plus resident staff.

Level 3: A group home with more than ten (10) residents, plus resident staff.

F. Type 3 Group Home. Publicly or privately operated living accommodations for juveniles under the jurisdiction of DSHS and/or the criminal justice system, including state-licensed group care homes or halfway houses for juveniles which provide residence in lieu of incarceration, and halfway houses providing residence to juveniles needing correction or for juveniles selected to participate in state-operated minimum security facilities as defined in RCW 72.05.150, as hereafter may be amended. A community facility as defined in RCW 72.05.020(1), as hereafter may be amended, is considered to constitute a Type 3 Group Home. All are subject to compliance with all applicable federal, state, and/or local licensing and other requirements.

Level 1: A group home with a maximum of eight (8) residents, plus resident staff.

Level 2: A group home with a maximum of twelve (12) residents, plus resident staff.

Level 3: A group home with more than twelve (12) residents, plus resident staff.

G. Type 4 Group Home. Publicly or privately operated living accommodations for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program or have been selected to participate in state-operated work/training release or other similar programs as provided in Chapters 137-56 and -57 WAC, as may hereafter be amended. All are subject to compliance with all applicable federal, state, and/or local licensing and other requirements.

H. Type 5 Group Home. A secure community transition facility as defined in RCW 71.09.101(14), as hereafter may be amended, which is a residential facility that provides supervision and security for people who have completed their criminal sentences for sexually violent offenses but who remain subject to additional requirements for sexually violent predators under Chapter 71.09 RCW, as hereafter may be amended. All are subject to compliance with all applicable federal, state, and/or local licensing and other regulations.

I. Assisted Living Facilities. A multifamily residential facility serving elderly and/or persons with special needs, which provides its residents with assistance with Activities of Daily Living (ADL) and which are regulated under Chapter 18.20 RCW, subject to compliance with all applicable federal, state, and/or local licensing requirements. This use type may include dementia care but does not include hospitals, nursing homes, medical clinics or offices, medical treatment, or multifamily residences which do not provide ADL assistance.

J. Continuing Care Retirement Community. A residential community for the elderly which operates under a single ownership on a contractual basis and offers a range of living arrangements which may include independent living, assisted living, and/or skilled nursing care, along with a variety of common amenities and ancillary services; subject to all applicable federal, state, and/or local licensure.

K. Nursing Home. Multi-unit or multi-bed facilities that are licensed or approved to provide living accommodations and round-the-clock health care and medical supervision and which are regulated under Chapter 18.51 RCW, subject to compliance with all appropriate federal, state, and/or local licensing requirements.

L. Hospice Care Center. A homelike, non-institutional facility where services such as symptom and pain management are provided to terminally ill individuals and emotional, spiritual, and bereavement support is offered for the individual and family, and which are regulated under Chapter 70.127 RCW, subject to compliance with all appropriate federal, state, and/or local licensing requirements. (Ord. 620 § 2, 2016; Ord. 462 § 4, 2007; Ord. 423 § 1 (part), 2006; Ord. 412 § 1, 2006; Ord. 277 § 1 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.20.320Boarding Houses.

(Ord. 592 § 2, 2014.)

18A.20.321Purpose- Boarding Houses.

The purpose of the boarding house regulations is to address issues related to rental housing primarily located in single family residential zones. If not properly regulated, this rental practice can increase density above the limitations set forward in the underlying zoning district; result in a general decline in property maintenance; and increase traffic volumes, and traffic and speeding in general. (Ord. 592 § 3, 2014.)

18A.20.32218A.20.322 – Applicability- Boarding Houses.

A. Boarding houses are allowed in Single-Family Residential zoning districts upon the issuance of a conditional use permit, and subject to the requirements of this chapter:

1. A Boarding House housing more than four (4) unrelated individuals is a Process III application type (conditional use permit) and subject to all the procedural requirements applicable to this application type.

2. Applications for a Boarding House shall be on the form prescribed by the Community Development Department and shall include all of the information and materials required by the application form.

3. Applications for a Boarding House shall be filed with the Community Development Department. (Ord. 592 § 4, 2014.)

18A.20.323Standards- Boarding House.

A. Parking Requirements.

1. At a minimum there must be one (1) off-street parking stall per occupant. A owner may reduce the off-street parking requirement if an affidavit is signed that an occupant does not own a vehicle.

B. Solid Waste Management Regulations.

1. All occupied units shall have minimum garbage service as prescribed by the City pursuant to Title 13 LMC.

2. The owner is responsible to provide each occupant with the solid waste connection schedule and that schedule is to be posted within the unit as approved by the City.

C. International Property Maintenance Code. Pursuant to Title 15A LMC, International Property Maintenance Code occupancy requirements are applicable to a boarding house regardless of the number of individuals living in the residence.

D. Amortization Schedule. Existing boarding houses have until December 31, 2015 to become compliant with the regulations outlined in this Title and Title 5 as it pertains to boarding house.

E. Additional Standards. The following additional standards are required to be met for any boarding house housing over four (4) unrelated individuals excluding Types 1, 2, 3, and 4 Group Homes as defined in LMC 18.20.300, Use Types and Levels; hotels and motels as defined in LMC 18A.90.200; and excluding state-licensed foster homes, in addition to the criteria for a conditional use permit under LMC 18A.10.230.

1. Adequate living space based on the International Property Maintenance Code standards will be taken into account when a request for more than four (4) unrelated individuals is requested.

2. A designated property manager that is available twenty-hour (24) hours a day, seven (7) days a week is required.

3. The request for more than four (4) unrelated individuals will not adversely impact the surrounding community.

4. General Business License Required. A boarding house falling under this subsection is deemed a business activity and is subject to the requirements of Chapter 5.02 LMC.

5. The applicant must adhere to the provisions of the City’s noise control regulations found in LMC 8.36.010. (Ord. 592 § 5, 2014.)

18A.20.400Civic Use Category - Land Use Types and Levels.

The Civic use category includes facilities or services that serve a demonstrated public function and are generally considered to be of community importance, such as educational, cultural, medical, protective, and governmental facilities and uses.

A. Community and Cultural Services. Establishments primarily engaged in the provision of services that are strongly associated with community, social, or public importance. Examples include libraries, museums, art galleries, senior centers, community centers, performing arts theaters, and community clubs and organizations.

Level 1: Establishments which do not exceed five thousand (5,000) gross square feet.

Level 2: Establishments of between five thousand (5,000) and twenty thousand (20,000) gross square feet.

Level 3: Establishments which are larger than twenty thousand (20,000) gross square feet.

B. Daycare Facilities. The use of a building, or any portion thereof, for the regular care of individuals needing supervision and care on a less-than-around-the-clock basis. The term shall also include facilities commonly known as day care facilities, day care centers, and preschools, but not pet day cares, which shall instead be treated as a Pet Sales and Services Commercial use type. All are subject to compliance with all appropriate federal, state, and/or local licensing requirements and the specific standards set forth in LMC 18A.70.100, Daycare Facilities.

Level 1: Home-based day care for up to twelve (12) children or adults.

Level 2: Daycare centers serving children or adults that provide services for periods of less than twenty-four (24) hours that a not based from a home.

C. Education. Educational services provided by public, private, or parochial institutions. Examples include grade schools, community colleges, public and private colleges or universities.

Level 1: Primary and secondary educational facilities such as kindergarten, elementary, middle schools, junior high schools, and high schools.

Level 2: Higher educational facilities such as community colleges, colleges or universities.

D. Essential Public Facilities. Under the state Growth Management Act, essential public facilities include those facilities that are typically difficult to site such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140; state and local correctional facilities; solid waste handling facilities; and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. For the purposes of and within this title, essential public facilities are treated as listed or substantially similar to listed use types, thereby affirming their siting in appropriate areas; except as applied to public lands, where they are liberally construed to include a broad array of public services. Essential public facilities do not include wireless telecommunications facilities.

E. Government Administration Facilities. The executive, legislative, judicial, administrative and regulatory activities of local, state, federal, and international governments or special districts that may perform public services and work directly with citizens. Examples include courthouses, armories, human and social service offices, health offices, and government offices.

Level 1: Uses that do not exceed 5,000 gross square feet.

Level 2: Uses of between five thousand (5,000) and twenty thousand (20,000) gross square feet.

Level 3: Uses that exceed twenty thousand (20,000) gross square feet.

F. Health Services. Any health-related facilities and services that are not listed elsewhere such as hospitals, day surgery facilities, medical facilities providing round-the-clock walk-in services, and blood banks.

G. Military Installations. A governmentally owned or controlled property and facilities which support a range of uses to facilitate military operations in a “compound” setting, as distinguished from stand-alone facilities such as recruiting stations. The autonomy associated with governmental ownership or control of the property, in combination with the unique character of the military operations and support structures, are not typical of civilian uses.

Level 1: State installation owned or controlled by the Washington State Military Department.

Level 2: Federal installation owned or controlled by the U.S. Department of Defense.

H. Outdoor Recreation. Recreational areas and recreation facilities which primarily are owned or operated by public or non-profit entities for the use and enjoyment of the general public. Examples include neighborhood parks, community parks, regional parks, waterfront parks, open space, arboretums, small or special landscaped areas, community and “pea patch” gardens, fairgrounds, zoos, and swimming pools. In some cases, such areas and facilities may be incidental to private development, such as open space set-asides necessary for environmental mitigation and children’s play areas (“tot lots”) within a subdivision; are intended to be principally used by a finite group; and may constitute private property.

Level 1: Natural open space and passive recreation. Protected open space areas in a natural state, together with low-impact passive recreational facilities including single-track hiking trails, beaches, viewing areas, interpretive signage, and fences.

Level 2: Neighborhood-scale active recreation and limited accessory structures. Parks, playgrounds, arboretums, and community gardens two (2) acres or less in size; open sports fields two (2) acres or less in size, with no spectator seating; improved trail systems; paved multi-use areas and bridle trails within defined park areas; ranger stations; public restrooms; playground equipment; sports equipment, including swimming pools, for neighborhood use; and picnic tables and shelters.

Level 3: Parks and playgrounds from two (2) to twenty (20) acres in size; multi-use linear trails; open sports fields with unenclosed seating for up to four hundred (400) spectators; swimming pools for community or regional use; public and private outdoor recreational facilities such as golf courses and associated driving ranges, equestrian clubs, and marinas; and arboretums and community gardens more than two (2) acres in size.

Level 4: Parks and playgrounds over twenty (20) acres in size, open sports fields with unenclosed seating for more than four hundred (400) spectators, and regional recreational facilities.

I. Postal Services. Mailing services provided by the United States Postal Service or contractors, including branch post offices, contract stations, terminals, and distribution centers.

Level 1: Postal facilities serving neighborhoods, such as contract stations or branch offices.

Level 2: Central or main postal facilities which process mail and provide full customer services.

Level 3: Terminal postal processing facilities which provide no or limited customer services.

J. Public Maintenance Facilities. Facilities for storage and maintenance of vehicles, equipment, or related materials used in a utility or public facility activity. May include usable and/or scrap tire piles of up to a total of two hundred (200) tires as an accessory use.

Level 1: Indoor maintenance and storage facility not exceeding three thousand (3,000) gross square feet. Outdoor storage of equipment, materials, or vehicles and vehicle maintenance is prohibited.

Level 2: Indoor maintenance and storage facility not exceeding five thousand (5,000) gross square feet with outdoor storage not exceeding two thousand (2,000) gross square feet.

Level 3: City-wide or regional maintenance and storage facility exceeding five thousand (5,000) gross square feet and/or exceeding two thousand (2,000) gross square feet of outdoor storage.

K. Public Safety Services. Public safety and emergency services such as police and fire stations; animal control facilities, such as an animal shelter or Humane Society facilities; and correctional facilities. This use type may include accessory dispatch facilities but does not include stand-alone dispatch facilities (“com centers”) that, by their nature, provide service to multiple jurisdictions or entire regions, which shall instead be treated as a Level 3 Communication Facilities Utilities use type.

Level 1: Police and fire/emergency medical aid stations, including private ambulance services.

Level 2: Animal control services.

Level 3: City correctional facilities.

Level 4: County, state, federal, or private correctional facilities.

L. Religious Assembly. Religious services involving public assembly such as those that customarily occur in synagogues, temples, and churches. For the purpose of compliance with the federal Religious Land Use and Institutionalized Persons Act of 2000, except where lands are restricted to public facilities, Religious Assembly use types shall be treated equally with Community and Cultural Services Civic use types. These use types do not include homeless shelters, food banks, or other social services, which shall instead be treated as a Social Services Civic use type; daycares or preschools, which shall instead be treated as a Daycare Facilities Civic use type; schools, which shall instead be treated as an Education Civic use type; or facilities for residence of religious orders, which shall instead be treated as a Co-Housing Residential use type.

Level 1: Establishments where the principal place of assembly does not exceed five thousand (5,000) gross square feet.

Level 2: Establishments where the principal place of assembly is between five thousand (5,000) and twenty thousand (20,000) gross square feet.

Level 3: Establishments which have a principal place of assembly more than twenty thousand (20,000) gross square feet.

M. Social Services. Establishments primarily engaged in the provision of services that are strongly associated with meeting basic needs. Examples include clothing banks, food banks, temporary shelters, and counseling services.

Level 1: Establishments which are accessory to a primary Community and Cultural Services, Religious Assembly, or Education Civic use type and do not exceed one thousand (1,000) gross square feet or twenty (20) percent of the structure, whichever is less, and do not contain more than five (5) beds or serve more than fifteen (15) people per day or meal.

Level 2: Establishments which are accessory to a primary Community and Cultural Services, Religious Assembly, or Education Civic use type and do not exceed one thousand, five hundred (1,500) gross square feet or twenty (20) percent of the structures, whichever is less, and does not contain more than ten (10) beds or serve more than twenty-five (25) people per day or meal.

Level 3: Establishments which are a primary or accessory use and serve a city-wide or regional area with an intensity greater than Level 2.

N. Transportation. The provision of public or semi-public transportation services. Examples include parking garages, park-and-ride lots, commercial parking lots, bus shelters, bus stations, bus transfer centers, passenger rail stations, ferry docks, and other types of public and quasi-public transportation facilities.

Level 1: Transportation uses serving neighborhoods, such as bus shelters.

Level 2: Transportation uses serving communities and regions, such as passenger rail and bus stations; parking facilities, including park-and-rides; and weigh stations.

Level 3: Commercial parking lots, structures, and satellite lots providing short-term parking for operational vehicles.

Level 4: Taxi, shuttle, and bus “barns” and yards, and motor pool facilities. May include usable and/or scrap tire piles of up to a total of two hundred (200) tires as an accessory use.

Level 5: Airports, heliports, landing fields or waterways, and ferry docks. (Ord. 500 § 8, 2009; Ord. 483 § 9, 2008; Ord. 307 § 12, 2003; Ord. 264 § 1 (part), 2001.)

18A.20.500Utilities Use Category - Land Use Types and Levels.

The Utilities use category refers to facilities serving the public by means of an integrated system of collection, transmission, distribution, and processing facilities through more or less permanent physical connections between the plant of the serving entity and the premises of the customer. Included are systems for the delivery of water, natural gas, electricity, telecommunication services, for the collection of stormwater, and for the collection and disposal of sewage and refuse.

A. Communication Facilities. Facilities used in the transmission of information by wire, radio, optical cable, electromagnetic or other similar means. Examples include central office switching units, remote switching units, telecommunications radio relay stations and cellular communication facility support structures.

Level 1: Local cable, fiber optics, traffic control, or telephone transmission lines, poles, or apparatus, not including antennae, wireless telecommunications facilities, structures, or private antenna and satellite dishes.

Level 2: Regional cable, fiber optics, traffic control, or telephone transmission lines, poles, or apparatus, not including antennae or wireless telecommunications facilities.

Level 3: Stand-alone emergency services dispatch facilities (“com centers”) that provide service to multiple jurisdictions or entire regions.

Level 4: Commercial or non-profit radio and/or television broadcasting stations.

Level 5: Wireless telecommunications facilities, subject to specific standards, including siting criteria, set forth in LMC 18A.70.600.

B. Electrical Facilities. Level 1: Above ground and below ground electrical distribution lines, poles, and associated facilities and appurtenances with voltages of 55,000 volts and under.

Level 2: Above ground electrical transmission facilities of an operating voltage greater than 55,000 volts, with associated facilities and appurtenances, including substations.

C. Electrical Generation Facilities. Facilities that generate or cogenerate electric energy by, or as a resource for, utilities engaged in the transmission and distribution of electricity to the public. Examples include hydropower facilities, thermal generation facilities such as cogeneration and combustion turbines, and other facilities employed to generate electric energy by or as a resource for utilities.

D. Natural Gas Facilities. Facilities engaged in the distribution and storage of natural gas. Examples include natural gas gate stations, natural gas storage facilities and interim propane storage systems.

Level 1: Local distribution lines.

Level 2: Natural and other compressed gas storage tanks for transportation.

E. Organic Waste Processing Facilities. Any solid waste facility specializing in the controlled decomposition of organic solid waste and which requires a solid waste permit under RCW 70.95.

Level 1: Soil treatment facilities. Solid waste facilities which utilize bioremediation, a thermal desorption process, or similar processes to treat petroleum contaminated soil or vactor waste for reuse or final disposal.

Level 2: Composting facility designed to handle more than forty (40) cubic yards. Solid waste facilities specializing in the composting of one (1) or more organics of a known and consistent composition, other than mixed municipal waste, to produce a marketable product for reuse or as a soil conditioner. Feedstocks may include, but are not limited to, yard waste, biosolids or food waste.

Level 3: Municipal solid waste composting facility. Solid waste facilities specializing in the composting of mixed waste from municipal sources to reduce the waste for final disposal or to produce a marketable product.

F. Pipelines. Facilities engaged in the transmission of water, petroleum, oil, natural gas, or other substance, where lines do not serve as local distribution lines but may serve as a single regional facility.

G. Sewage Collection Facilities. Facilities used to collect sewage, such as wastewater transfer facilities, odor control structures, pump stations and lift stations.

H. Sewage Treatment Facilities. Facilities used to treat any liquid or waterborne waste of domestic origin or a combination of domestic, commercial or industrial origin, and which by its design requires the presence of an operator for its operation, including alternative treatment works and package treatment plants. Also included are all of the various types of associated equipment, structures, and operations as they are currently constructed and operating or will result from technology, such as administrative offices, storage, laboratories, public walkways, recreational and educational uses, and parking lots. Sewage treatment facilities do not include any facility used exclusively by an individual residence, septic tanks with subsoil absorption, industrial pretreatment facilities, privately owned treatment plants for industrial wastewater, or wastewater collection systems.

I. Stormwater Facilities. A conveyance, system of conveyances, or stormwater control facilities (including roads with drainage systems, catch basins, curbs, and gutters); ditches; man-made channels; storm drains; retention/detention facilities; and infiltration facilities which are designed or used for collection, storage, conveyance and treatment of stormwater.

Level 1: Stormwater collection and local conveyance systems.

Level 2: Regional detention/retention ponds and facilities, and constructed wetlands.

Level 3: Stormwater pond facilities that are also developed to allow uses such as parks, recreational, educational and research structures and activities, known as stormwater multiple use facilities.

J. Waste Disposal Facilities. Permanent disposal sites for solid waste. Examples include wood waste, inert/demolition, municipal solid waste, special waste and biosolids landfills, and waste-to-energy facilities. Excludes tire piles.

Level 1: Inert landfill.

Level 2: Inert landfills as accessory uses to mineral extraction sites.

Level 3: Wood waste, demolition, and special waste landfills.

Level 4: Municipal solid waste landfills, special waste landfills (including ash landfills, any landfill for special waste not previously identified and biosolids landfills), and waste-to-energy facilities.

K. Waste Transfer Facilities. Solid waste facilities where solid waste is collected or subjected to interim processing before being transported to a permanent disposal site. Examples include recycling collection sites, drop-box transfer stations, transfer stations, recyclables recovery facilities, waste separation recovery facilities, moderate-risk waste facilities, and scrap tire piles which are not otherwise listed as accessory to numerous specific use types.

Level 1: Recycling collection sites serving a single neighborhood or limited area, not requiring a state solid waste permit.

Level 2: Drop-box transfer stations.

Level 3: Scrap tire piles not exceeding a total of eight hundred (800) tires, with no pile larger than forty (40) horizontal feet or more than ten (10) feet in height, and each pile having a thirty (30) foot fire lane on all sides, subject to Fire Marshal approval.

Level 4: Transfer stations; waste separation recovery facilities; moderate-risk waste facilities; and scrap tire piles between a total of eight hundred (800) and four thousand, five hundred (4,500) tires, with no pile larger than forty (40) horizontal feet or more than ten (10) feet in height, and each pile having a thirty (30) foot fire lane on all sides, subject to Fire Marshal approval.

L. Water Supply Facilities. Water purification facilities, water storage facilities, wellheads and pump stations.

Level 1: Local distribution systems, wellheads, pump stations, water purification facilities not exceeding two thousand (2,000) square feet of building area. Water storage facilities.

Level 2: Water purification facilities exceeding two thousand (2,000) square feet of building area.

Level 3: Chemical storage, handling, and usage in a water supply facility. (Ord. 264 § 1 (part), 2001.)

18A.20.600Commercial Use Category - Land Use Types and Levels.

The Commercial use category includes establishments, facilities, and individuals proving services and the sale, distribution or rental of goods that benefit the daily needs of the general public, which are not otherwise classified in another use category.

A. Amusement and Recreation. Establishments or places of business primarily engaged in the provision of sports, entertainment, or recreational services to the general public or members, which may or may not include Eating and Drinking Establishment Commercial use types in conjunction, but where eating and drinking is clearly secondary to a primary Amusement and Recreation Commercial use type, and which do not otherwise constitute Sexually Oriented Business Commercial use types. Examples include video arcades; teen clubs; dance halls; athletic clubs; indoor swimming pools; billiard parlors; bowling alleys; ice or roller skating rinks; indoor and drive-in movie theaters; outdoor recreational equipment rental, including marine-related; mini-golf and indoor or outdoor driving ranges that are not located in conjunction with a golf course; enclosed sports arenas or stadiums; amusement parks; and gambling establishments or activities such as cardrooms, enhanced cardrooms (“mini-casinos”), bingo parlors, off-track betting, or similar gambling activities, subject to appropriate state licensure; specifically excluding Lottery and pull tabs. Such uses may include facilities or activities clearly incidental and secondary to the primary use which provide functions typical of a “pro shop” in conjunction with the primary use.

Level 1: Indoor facilities not exceeding five thousand (5,000) gross square feet and/or outdoor facilities of less than thirty-five thousand (35,000) square feet, without alcohol sales.

Level 2: Indoor facilities of between five thousand (5,000) and thirty thousand (30,000) gross square feet and/or outdoor facilities of between thirty-five thousand (35,000) and eighty-seven thousand, one hundred twenty (87,120) gross square feet (two acres), without alcohol sales.

Level 3: Indoor facilities of up to thirty thousand (30,000) gross square feet with up to five thousand (5,000) gross square feet of enclosed outdoor facilities, with or without alcohol sales.

Level 4: Indoor facilities exceeding thirty thousand (30,000) gross square feet and/or outdoor facilities exceeding five thousand (5,000) gross square feet, with or without alcohol sales.

B. Building/Garden Supply and Nurseries. Establishments primarily engaged in wholesale and retail selling of lumber, building materials, paint, glass, wallpaper, hardware, nursery stock, lawn and garden, plumbing, and electrical supplies.

Level 1: Establishments primarily engaged in retail sales. Utilization of outdoor areas for retail display and storage may occur as an accessory use. The combination of total floor area and outdoor storage and display area is less than ten thousand (10,000) gross square feet.

Level 2: Establishments primarily engaged in retail sales. Utilization of outdoor areas for retail display or storage purposes may occur as an accessory use. The combination of total floor area and outdoor storage and display area ranges between ten thousand (10,000) and eighty thousand (80,000) gross square feet.

Level 3: Establishments primarily engaged in retail sales where the combination of total floor area and outdoor storage and display area exceeds eighty thousand (80,000) square feet.

Level 4: Establishments primarily engaged in wholesale activities, except for and as distinguished from Level 2 Agriculture uses.

C. Bulk Fuel Dealers. Establishments that sell fuels which, by their nature, are flammable, explosive, or toxic, to businesses and households for transportation, heating, and business purposes. Examples include propane gas sales, heating oil dealers, liquefied petroleum gas dealers, coal, wood, or other fuel dealers.

D. Business Services. Businesses primarily engaged in providing services to other businesses on a contract or fee basis. Examples include courier services, parcel delivery services, fax services, telegraph services, reproduction services, commercial art and photography services, stenographic services, and janitorial services.

E. Buy-Back Recycling Center. Any small-scale business without industrial activity which collects, receives or buys recyclable materials (typically recyclable consumer goods and containers) from household, commercial or industrial sources for the purpose of sorting, grading or packaging recyclables for subsequent shipment and marketing, as distinguished from Recycling Processor Industrial use types, which use heavy equipment for processing and may provide for outdoor storage of recyclable materials. Examples of commercial buy-back recycling centers include small scale glass or aluminum container and paper buy-back centers. Facilities which process vehicle parts, building materials, or industrial scrap material are classified under the Recycling Processor Industrial use type. All materials stored outdoors must be containerized.

F. Convenience Commercial. Stores which may be either primarily engaged in serving the auto-driving public or, at lesser levels, principally oriented to neighborhood pedestrian traffic, which may include any combination of gasoline sales, uses typical of Food Stores as listed herein, and same-structure collocation of limited prepared food and drink sales such as fast food or espresso; as distinguished from Food Stores Commercial use type, which does not allow gasoline sales.

Level 1: Structure of up to ten thousand (10,000) gross square feet, without gas sales.

Level 2: Structure of up to 10,000 gross square feet, with up to six (6) two-sided gas pumps.

Level 3: Structure of up to twenty thousand (20,000) gross square feet, with up to nine (9) two-sided gas pumps.

Level 4: Structure of over twenty thousand (20,000) gross square feet, with more than nine (9) two-sided gas pumps. Level 4 shall include levels 1, 2 and 3.

G. Drive-Through Facilities. Facilities which are standalone or provided in conjunction with and accessory to a collocated allowed use for the purposes of allowing a customer or patron to transact business from a motor vehicle. Examples include fast food, coffee kiosks, financial institutions or unstaffed automatic teller machines, and pharmacy prescription drop-off/pick-up. Does not include drive-through car washes or other forms of automobile service, which shall instead be treated as Motor Vehicle Service and Repair Commercial use types. Drive-Through Facilities shall not be comprised of a mobile unit such as a trailer or other vehicle with chassis which has been parked and/or converted to a permanent installation by virtue of removal of wheels or addition of blocking and skirting.

H. Eating and Drinking Establishment. Establishments that sell prepared food and/or beverages, which may include liquor, subject to appropriate state and local licensure, including health permits. Such uses may or may not include Amusement and Recreation Commercial use types in conjunction but shall be considered to constitute Eating and Drinking Establishments for the purpose of zoning only where amusement and recreation is clearly secondary to a primary Eating and Drinking Establishment Commercial use type. Does not include sexually oriented businesses serving food and/or beverages, which are instead treated as Sexually Oriented Business Commercial use types.

Level 1: Mobile vending occurring from motorized or non-motorized outdoor carts or vehicles which go from place to place selling pre-prepared or made-to-order products, where no seating is provided. Examples include lunch wagons, coffee or hot dog carts, popcorn vendors, and ice cream trucks.

Level 2: Mobile vending as described in Level 1, but occurring from a fixed, identifiable location to which the vendor returns each business day, serving pre-prepared or made-to-order products intended to be consumed off the premises. Examples include taco trucks.

Level 3: Establishments selling pre-prepared or made-to-order products intended to be consumed on the premises or which may, at the customer's option, be taken away, where a Drive-Through Facilities Commercial use type may or may not be collocated. Examples include coffee shops; juice bars; fast food, fast casual, and family style restaurants; and fine dining establishments.

Level 4: Establishments primarily involved in alcohol sales, or which include a specific bar/lounge area, serving made-to-order products intended to be consumed solely on the premises, which may, from time to time, feature entertainment such as video sports events, comedy shows, or dancing to recorded or live music, or low-intensity entertainment such as video games, pool tables, darts, television, and/or jukebox music. A Level 4 Eating and Drinking Establishment shall not be collocated with a Drive-Through Facilities Commercial use type. Examples include sports bars, restaurants with bars/lounges, taverns and brewpubs. Distinguished from establishments primarily involved in alcohol sales, where pre-prepared or made-to-order food may also be available, which routinely offer entertainment such as dancing to live or recorded music, which shall instead be treated as Amusement and Recreation Commercial use types. Examples include dance or karaoke bars and “nightclubs.”

I. Food Stores. Stores primarily engaged in the retail sale of a variety of canned and dry foods, fresh fruits and vegetables, or meats, poultry, and fish, which may include a variety of non-food products as well. Examples include meat and fish markets, vegetable markets, retail bakeries, dairy stores, grocery stores, and specialty food and beverage stores; provided, that gasoline sales shall not be located on the same lot and as distinguished from Convenience Commercial use types.

Level 1: Floor area up to thirty thousand (30,000) gross square feet.

Level 2: Floor area between thirty thousand (30,000) and eighty thousand (80,000) gross square feet.

Level 3: Floor area over eighty thousand (80,000) gross square feet.

J. Funeral Services. Funeral facilities such as preparation and display facilities, funeral chapels, crematories, and affiliated offices.

Level 1: Mortuaries, including affiliated funeral chapels and offices.

Level 2: Crematories, including affiliated funeral chapels and offices, subject to state air quality standards and intensity limits when situated within the military-related zoning districts.

Level 3: Cemeteries, which may include Level 1 and Level 2 uses.

K. Lodging. Establishments that provide transitory lodging services, subject to appropriate state and local licensure.

Level 1: Bed and breakfast, subject to the requirements of LMC 18A.70.900.

Level 2: Camping and recreational vehicle parks where a tract of land under single ownership or unified control is developed with individual sites for rent and containing roads and utilities to accommodate recreational vehicles or tent camping for vacation or other similar short stay purposes, subject to design standards set forth in LMC 18A.70.500. This use does not include the rental of recreational vehicles or manufactured home parks.

Level 3: Hotels and motels, or other transient lodging facilities not listed herein, containing a single building or a group of detached or semi-detached buildings containing guest rooms or self-contained suites, with parking provided on the site for the use of those staying in the rooms or suites, which is or are designed and used for the accommodation of transient travelers.

L. Manufactured and Modular Homes Sales. Establishments that provide for the marketing, sale, and distribution of new manufactured and modular homes.

M. Motor Vehicle Sales and Rental. Establishments or places of business engaged in the sales or leasing of motor vehicles, utility trailers, recreational and/or sporting vehicles, commercial vehicles, construction equipment, and heavy equipment subject to compliance with all applicable federal, state, and/or local licensing requirements. Service of vehicles may be permitted as an incidental, and clearly secondary, accessory use.

Level 1: New and used motor, recreational, and sporting vehicle sales and rental of up to two (2) acres in size.

Level 2: New and used motor, recreational, and sporting vehicle sales and rental of more than two (2) and up to five (5) acres in size.

Level 3: New and used motor, recreational, and sporting vehicle sales and rental of larger than five (5) acres.

Level 4: Commercial truck-trailer and heavy equipment sales and rental.

N. Motor Vehicle Service and Repair. Facilities or places where the repair and service of motor vehicles, recreational vehicles, sporting vehicles, commercial vehicles, and construction equipment occurs. Includes the sale of or refilling of personal or recreational propane tanks. Where outdoor storage is allowed, may include usable and/or scrap tire piles of up to a total of two hundred (200) tires as an accessory use.

Level 1: Minor service and repair of motor vehicles, including glass repair and replacement, truck bedliners, installation of vehicle accessories, lube/oil, tires, mufflers, brakes, and carpet/upholstery and other related services, conducted entirely within a completely enclosed building of less than two thousand (2,000) gross square feet which utilizes no outdoor storage. Specifically excludes transmission and engine rebuild shops, vehicle painting, body work or the installation and/or testing of audio or alarm systems; but may include short-term parking of customer vehicles while awaiting service.

Level 2: Car wash, subject to water recapture and treatment, and/or motor vehicle detailing services. May include short-term parking of customer vehicles while awaiting service.

Level 3: Minor service and repair of motor vehicles with up to two thousand (2,000) gross square feet of outdoor storage of vehicles under repair. Level 3 shall include Level 1 uses.

Level 4: Major service and repair of motor vehicles including transmission and engine rebuild shops; towing services; vehicle customization and fabrication; motor vehicle rebuilds; motor vehicle and vehicle trailer manufacturing/assembly; installation and/or testing of audio or alarm systems; body work and vehicle painting, subject to state air quality standards, including outdoor storage of vehicle body parts and vehicles under repair; and minor service and repair uses with more than two thousand (2,000) gross square feet of outdoor storage. Level 4 shall include Level 3 and Level 1 uses.

Level 5: Commercial vehicle fueling and/or service stations, such as truck stops, with or without convenience shopping; wash and repair services for commercial vehicles, their trailers, and recreational vehicles; and construction and heavy equipment service, repair and body work.

O. Personal Services. Businesses primarily engaged in providing services to meet individuals’ periodic personal needs. Examples include coin-operated laundries, dry cleaning drop-off/pick-up establishments, dry cleaners, beauty shops, barber shops, clothing alterations, tanning salons which do not otherwise constitute Sexually Oriented Business Commercial use types, travel agencies, payday loan establishments, photographic studios, carpet and upholstery cleaners, and personal improvement services.

Level 1: Establishments of up to two thousand, five hundred (2,500) gross square feet which do not involve outdoor storage of vehicles.

Level 2: Establishments exceeding two thousand, five hundred (2,500) gross square feet or which involve outdoor storage of vehicles.

P. Pet Sales and Services. Businesses primarily engaged in retail sales and services associated with small animals and household pets. Examples include pet stores, pet grooming shops, pet day cares, and veterinary hospitals for small animals and pets.

Level 1: Completely indoor retail and service establishments, with or without accessory kennels, of less than two thousand, five hundred (2,500) gross square feet.

Level 2: Completely indoor retail and service establishments, with or without accessory kennels, exceeding two thousand, five hundred (2,500) gross square feet.

Level 3: Retail and service establishments with outdoor sales, kennels, and/or yard area.

Level 4: Commercial kennels and catteries, subject to LMC 5.52.

Q. Private Training School. Educational services provided for profit by private organizations or individuals with the primary purpose of preparing students for jobs in a trade or a profession. Examples include commercial/vocational schools, drivers’ training, beauty and barber schools, business or computer training schools, and conservatories of art, music, or drama. Facilities larger than ten thousand (10,000) gross square feet shall be regulated as a Level 2 Education Civic use type.

Level 1: Establishments of up to five thousand (5,000) gross square feet and/or which utilize up to one thousand (1,000) square feet of outdoor area for instructional purposes or for parking of vehicles or storage of materials utilized in the instructional program.

Level 2: Establishments of between five thousand (5,000) and ten thousand (10,000) gross square feet and/or which utilize more than one thousand (1,000) square feet of outdoor area for instructional purposes or for parking of vehicles or storage of materials utilized in the instructional program.

R. Professional Offices. Offices, private firms, or organizations which provide professional or administrative services to individuals or businesses. Examples include employment services, property management services, title companies, law offices, engineering/surveying consulting firms, architecture and landscape architecture firms, advertising and public relations firms, medical and dental offices, diagnostic testing services, advertising agencies, travel agencies, talent agencies, insurance offices, real estate offices, investment brokers, financial planners, banking services, administrative offices for non-profit and quasi-public agencies, and other business offices customarily associated with professional or administrative office services.

Level 1: Office building of up to ten thousand (10,000) gross square feet.

Level 2: Office building of between ten thousand (10,000) and thirty thousand (30,000) gross square feet.

Level 3: Office building exceeding thirty thousand (30,000) gross square feet.

S. Rental and Repair Services. Establishments primarily engaged in the provision of rental and repair services or closely related uses. Examples include home improvement, garden, and party equipment rental; upholstery shops; appliance repair shops; small engine and power tool rental and repair such as lawn mowers and chainsaws; vacuum cleaner repair; medical equipment rental and repair services; rental furnishings; and instrument repair services. Does not include vehicle repair or auto body, which are instead treated as Motor Vehicle Service and Repair Commercial use types.

Level 1: Rental and repair services not exceeding five thousand (5,000) gross square feet with no outdoor storage.

Level 2: Rental and repair services not exceeding five thousand (5,000) gross square feet with up to one thousand (1,000) gross square feet of outdoor storage/display of equipment.

Level 3: Rental and repair services exceeding five thousand (5,000) gross square feet of floor area with no outdoor storage/display of equipment.

Level 4: Rental and repair services exceeding five thousand (5,000) gross square feet with over one thousand (1,000) square feet of outdoor storage/display of equipment.

T. Sales of General Merchandise. Establishments that sell new general merchandise including apparel and accessories; auto parts; bookstores which do not otherwise constitute Sexually Oriented Business Commercial use types; legal pharmaceuticals; optical goods; furniture and home furnishings; and computers and electronics. Does not include establishments primarily engaged in selling lumber and other building materials, paint, glass, wallpaper, hardware, nursery stock, and lawn and garden supplies, which are instead treated as Building/Garden Supply and Nurseries Commercial use types. May include usable and/or scrap tire piles of up to a total of two hundred (200) tires as an accessory use.

Level 1: Establishments of up to five thousand (5,000) gross square feet primarily engaged in retail sales activities.

Level 2: Establishments of between five thousand (5,000) and thirty thousand (30,000) gross square feet primarily engaged in retail sales activities.

Level 3: Establishments of up to thirty thousand (30,000) gross square feet primarily engaged in retail/wholesale sales activities.

Level 4: Establishments exceeding thirty thousand (30,000) gross square feet primarily engaged in retail/wholesale sales activities.

U. Sales of Secondhand Property. Individuals or establishments that sell secondhand property. Examples include pawnbrokers; secondhand, antique, junk and/or salvage dealers; and transient traders in secondhand property, including garage sales and flea markets. This use type does not include used or pre-owned automobiles or other vehicles, which are instead treated as Motor Vehicle Sales and Rental Commercial use types, nor wrecking or parts yards, which are instead treated as Salvage/Wrecking Yards and Vehicle Storage Facilities Industrial use types.

Level 1: Antique stores; used bookstores which do not otherwise constitute Sexually Oriented Business Commercial use types; and used clothing, furniture and appliances, jewelry and valuable coins, and valuable collectibles sales.

Level 2: Surplus, military, and miscellaneous sales and flea markets. Flea markets include swap meets but does not include antique malls where stalls are leased, which are instead treated as a Level 1 use listed above. This use type does not include junk and/or salvage dealers, which are instead treated as Salvage/Wrecking Yards and Vehicle Storage Facilities Industrial use types.

Level 3: Pawnshops, subject to the provisions of LMC 5.12. Businesses which are engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits, or conditional sales of personal property; or which publicly display, at or near their place of business, any sign or symbol generally used by pawnbrokers or indicating that the business loans money on personal property on deposit or pledge.

V. Sexually Oriented Business. A business that includes as a primary use any one or more of the following: an adult entertainment facility; adult-oriented merchandise; adult retail use; panoram; or similar facility, merchandise, or entertainment as defined in LMC 18A.40.400, subject to specific standards, including siting criteria, set forth therein.

W. Storage. Businesses engaged in the storage of items for personal and business use. Business activities other than rental of storage spaces are prohibited. Does not include vehicle impound lots or wrecking yards, which are instead regulated as Salvage/Wrecking Yards and Vehicle Storage Facilities Industrial use types.

Level 1: Indoor mini-warehouse/storage facility.

Level 2: Indoor/outdoor mini-warehouse/storage facility, including the storage of motor, recreational, and sporting vehicles not otherwise regulated as a Level 1 Salvage/Vehicle Storage Facilities Industrial use type.

Level 3: Outdoor storage, including the storage of shipping containers, which is not accessory to a primary permitted use on the site, including the storage of motor, recreational, and sporting vehicles not otherwise regulated as a Level 1 Salvage/Vehicle Storage Facilities Industrial use type. (Ord. 525 § 4, 2010; Ord. 472 § 4, 2008; Ord. 397 § 4, 2005; Ord. 358 § 5, 2004; Ord. 317 § 2, 2003; Ord. 307 § 13, 2003; Ord. 264 § 1 (part), 2001.)

18A.20.700Industrial Use Category - Land Use Types and Levels.

The Industrial use category includes the on-site production, manufacturing, assembly, processing, storage, movement, servicing or repair of goods and materials. Industrial uses regulated under this category typically exhibit one (1) or more of the following characteristics: requires relatively large acreage, creates substantial odor or noise, creates heavy traffic passenger vehicle and/or truck volumes, employs relatively large numbers of people, and/or creates visual impacts incompatible with residential development.

A. Primary Manufacturing. Uses that involve the primary processing of a raw or initially-processed material into a product that requires additional processing, manufacturing, or assembly in order to become a consumer good. This use type does not include animal rendering or rendering of animal products, nor manufacturing of illegal substances. Examples include:

• Production of basic chemicals.

• Manufacturing of castings and other basic metal products, including sheet metal, and the manufacture of nails, spikes, and insulated wire and cable.

• Tanning, curing, or storage of raw hides or skins.

• Manufacturing of cement, ready-mix concrete, cut stone, and crushed rock and other primary products from materials taken principally from the earth in the form of stone, clay and sand.

• Manufacturing of asphalt and asphalt reclamation processes.

Soil remediation facilities.

• Saw, lathe, shingle, planing, plywood and veneer mills engaged in producing lumber and basic wood materials.

• Manufacturing of pulps from woods and other cellulose fibers and from rags.

• Petroleum and natural gas refining and processing.

• Smelting and refining of ferrous and non-ferrous metals from ore or scrap, rolling, drawing and alloying metals.

• Manufacturing of paving and roofing materials, compounding lubricating oils and greases, rubber reclaiming, manufacturing of synthetic rubber.

Level 1: Indoor manufacturing and assembly of up to thirty thousand (30,000) gross square feet.

Level 2: Indoor manufacturing and assembly exceeding thirty thousand (30,000) gross square feet and/or outdoor storage of materials.

B. Secondary Manufacturing and Major Assembly. Uses that involve the processing of previously prepared natural and/or synthetic materials. This use type does not include animal rendering or rendering of animal products, nor manufacturing of illegal substances. Examples include:

• Manufacturing of products by predominantly chemical processes and which are to be used for ultimate consumer or industrial consumption.

• Manufacturing of computer hardware components and related equipment, and other machinery, apparatus and supplies for the generation, storage, transmission, transformation and utilization of electrical energy.

• Manufacturing and assembly of industrial and commercial machinery and equipment.

• Manufacturing and assembly of paper and paperboard and its conversion into other paper-based products.

• Manufacturing and assembly of ferrous and non-ferrous metal products and a variety of metal and wire products manufacturing, including sheet metal.

• Manufacturing and assembly of woven and knit fabrics, and carpets and rugs from yarn.

• Manufacturing and assembly of equipment for transportation of people or cargo by land, air, rail or water.

Level 1: Indoor manufacturing and assembly of up to fifteen thousand (15,000) gross square feet.

Level 2: Indoor manufacturing and assembly exceeding fifteen thousand (15,000) gross square feet.

C. Limited Manufacturing/Assembly. Uses that involve intermediate processing of semi-processed material into a consumer good and to uses that involve the assembly of semi-processed and/or intermediate processed products into a consumer good. Such uses also may involve intermediate services such as machining, welding, grinding, and machine/industrial repair. Examples include:

• Manufacturing and assembly of clothing and fabricated products.

• Assembly of electronic computers, computer hardware components and related equipment, and other machinery, apparatus and supplies for the generation, storage, transmission, transformation and utilization of electrical energy.

• Assembly of industrial and commercial machinery and equipment.

• Assembly of finished products made entirely or mainly from wood for use in construction.

• Assembly of ferrous and non-ferrous metal products and a variety of metal and wire products.

• Manufacturing and assembly of products manufactured or assembled from plastic resins and from natural, synthetic or reclaimed rubber.

• Manufacturing and assembly of instruments for measuring, testing, analyzing and controlling, optical instruments and lenses, surveying and drafting instruments, medical instruments and equipment, photographic equipment, watches and clocks, and supplies associated with the previous products.

• Photographic processing labs.

• Manufacturing and assembly of glass and glass products, clay products, pottery, concrete and gypsum products, abrasive and asbestos products, and other secondary products from materials taken principally from the earth in the form of stone, clay and sand.

• Manufacturing and assembly of dyeing, finishing, coating, waterproofing and other treating of fiber, yarn and fabrics.

• Manufacturing and assembly of felt, lace goods, non-woven fabrics, and miscellaneous textiles.

• Other manufacturing and/or assembly processes in which processed or semi-processed materials are made or assembled into consumer products.

Level 1: Indoor manufacturing and assembly as an accessory use of up to one thousand (1,000) gross square feet.

Level 2: Indoor manufacturing and assembly of up to fifteen thousand (15,000) gross square feet.

Level 3: Indoor manufacturing and assembly exceeding fifteen thousand (15,000) gross square feet.

D. Contractor Yards. Construction or contracting business offices with area for associated interior or outdoor storage, repair or maintenance of heavy equipment, vehicles, and construction supplies and materials.

Level 1: Maintenance and storage facilities of up to five thousand (5,000) gross square feet and outdoor storage and yard area of up to twenty thousand (20,000) gross square feet, without storage and maintenance of heavy equipment.

Level 2: Maintenance and storage facilities exceeding five thousand (5,000) gross square feet and outdoor storage and yard area exceeding twenty thousand (20,000) gross square feet, or where storage and maintenance of heavy equipment occurs.

E. Flex Space. Mixed-use industrial buildings or parks adaptable to multiple use types which primarily serve a number of small to medium-size tenants, which predominantly require direct access for truck deliveries and have limited or controlled on-site customer service, and which are generally comprised of adaptable open floor space with a delineated office area.

Level 1: Commercial office/warehouse/retail/residential uses combined within a single structure or structures, where residential is limited to live/work space and where a maximum of thirty-five (35) percent may be office use and a maximum of twenty-five (25) percent may be retail use.

Level 2: Commercial office/warehouse combined within a single structure or structures, where a maximum of thirty-five (35) percent may be office use.

Level 3: Commercial office/secondary manufacturing and major assembly and limited manufacturing/assembly at the level allowed in the zoning district, combined within a single structure or structures, where a maximum of twenty-five (25) percent may be office use and where a maximum of fifty (50) percent may be warehouse use.

F. Food and Related Products. Uses which involve the processing of non-animal food materials, raw milk, ice manufacturing, and other food products manufacturing, processing, storage and packaging. This use type does not include animal rendering or rendering of animal products. Examples include bakeries that distribute products to many retail outlets; creameries and other dairy products manufacturing without on-site dairy animals; soft drink bottling plants, breweries, and distilleries; feed, cereal, and flour mills; vegetable oil manufacturing, refining or storage; yeast, starch, glucose and dextrin manufacturing; pickles, sauerkraut, and vinegar manufacturing; and sugar refining, all subject to appropriate state and local licensure.

Level 1: Indoor production operations and associated warehousing of up to ten thousand (10,000) gross square feet.

Level 2: Indoor production operations and associated warehousing exceeding ten thousand (10,000) gross square feet.

G. Industrial Services. Uses providing large scale or bulk services to commercial and industrial businesses but not directly to the consumer. Examples include clothes cleaning plants, bulk laundries, diaper services, power laundries, linen supply, dry cleaning plants, industrial launders, other laundry and garment services; and industrial services related strictly to industrial uses.

H. Mineral Extraction. The extraction of any natural substance, other than water, from the ground.

I. Motion Picture Production Studios. Warehouse-style facilities used in the production of motion pictures.

J. Off-Site Hazardous Waste Treatment and Storage Facilities. Facilities that treat and store hazardous substances and waste, extremely hazardous waste, or dangerous waste generated off-site and are authorized pursuant to RCW 70.105, including hazardous substance processing or handling and moderate risk waste fixed facilities. All contiguous land and structures used for recycling, reusing, reclaiming, transferring, storing, or treating hazardous substances and waste, extremely hazardous waste, or dangerous waste are included.

K. Outdoor Distribution and Freight Movement. Large-scale distribution of raw, manufactured, or processed products for one (1) or more businesses at a central, predominantly outside location. This use type does not include the distribution or movement of illegal substances. Examples include raw log storage and shipping container yards.

L. Printing and Publishing. Uses engaged in printing by one (1) or more common processes, such as letterpress, lithography, or screen; services for the printing trade, such as bookbinding and platemaking; and publishing newspapers, books and periodicals.

Level 1: Printing/pressing operation of up to five thousand (5,000) gross square feet.

Level 2: Printing/pressing operation exceeding five thousand (5,000) gross square feet.

M. Recycling Processor. Any large-scale buy-back recycling business or other industrial activity which specializes in collecting, storing and processing any waste, other than hazardous waste or municipal garbage, for reuse and which uses heavy mechanical equipment to do the processing, as distinguished from Buy-Back Recycling Center Commercial use types. Examples include facilities where commingled recyclables are sorted, baled or otherwise processed for transport off-site, which is referred to as a “clean” materials resource recovery facility. May include scrap tire piles of up to a total of two hundred (200) tires as an accessory use.

N. Research, Development, and Laboratories. Businesses primarily devoted to experimental research and development.

Level 1: Research, development, and laboratories with limited manufacturing/assembly at the level allowed in the zoning district.

Level 2: Research, development, and laboratories with secondary manufacturing and major assembly at the level allowed in the zoning district.

Level 3: Research, development, and laboratories and basic manufacturing.

O. Salvage/Wrecking Yards and Vehicle Storage Facilities. Uses that involve the dismantling and salvage of wrecked vehicles, vehicle parts, appliances, building materials, and other such items intended for reuse or resale, and the associated storage of vehicles, subject to LMC 5.28. May include usable and/or scrap tire piles of up to a total of five hundred (500) tires as an accessory use.

Level 1: Vehicle storage facilities dealing with the storage and/or impound of vehicles which are associated with the repair, sale or other permitted vehicle uses on the same site, or another site, and not associated with wrecking or salvage. Examples include impound yards; auto, boat, and commercial vehicle transporters excluding hulk haulers; and vehicle auctions including motor, recreational, sporting and commercial vehicles and heavy equipment.

Level 2: Salvage yards dealing with the dismantling and/or salvage of appliances, building materials, and other goods, other than vehicles and heavy equipment.

Level 3: Wrecking yards dealing with dismantling facilities for motor vehicles and salvage facilities for wrecked motor vehicles and vehicle parts. Includes dismantling, wrecking, hulk haulers, and salvage of motor, commercial, recreational, and sporting vehicles and heavy equipment.

P. Warehousing, Distribution and Freight Movement. Warehousing and distribution of manufactured or processed products for one (1) or more businesses and the large scale distribution of raw, manufactured or processed products for one (1) or more businesses at a central location. This use type does not include warehousing, distribution, or movement of illegal substances. Examples include grocery chain distribution centers and parcel delivery distribution centers, storage of fabricated concrete blocks, finished lumber storage yards, new automobile storage areas.

Level 1: Indoor facilities of up to ten thousand (10,000) gross square feet.

Level 2: Indoor facilities of up to twenty thousand (20,000) gross square feet and/or outside storage of up to five thousand (5,000) gross square feet.

Level 3: Indoor facilities exceeding twenty thousand (20,000) gross square feet and/or outside storage exceeding five thousand (5,000) gross square feet. (Ord. 317 § 3, 2003; Ord. 264 § 1 (part), 2001.)

18A.20.800Agricultural Use Category - Land Use Types and Levels.

The Agricultural use category includes uses which typically might be found and are generally restricted to rural environments, but which can pose viable, inobtrusive land uses in portions of the urban environment that, by their nature, otherwise possess limited development potential.

A. Agriculture. The use of land for growing, producing, or harboring plants and animals.

Level 1: Crop and tree farms. Example include row crops, hay, alfalfa, orchards, Christmas trees, aquaculture, vineyards and wholesale nurseries without greenhouses.

Level 2: Wholesale nurseries with over seventy-five (75) percent of stock grown on-site, which may include associated greenhouses and other buildings.

Level 3: Raising or boarding of poultry or livestock, including fowl, swine, cattle, horses, sheep, goats, and exotic animals, but excluding domestic pets, which are otherwise regulated. (Ord. 264 § 1 (part), 2001.)

18A.20.900Accessory Use Category - Land Use Types and Levels.

The Accessory use category includes those uses which are customarily and routinely found in conjunction with, and which are clearly incidental and secondary to, other listed uses, except as may be specifically limited by use levels otherwise listed herein.

A. Residential Accessory. Uses accessory to a primary permitted residential use or in conjunction with a residential use requiring a discretionary permit, subject to LMC 18A.50.140, Residential Accessory Buildings, and all applicable construction permits.

1. Accessory dwelling unit, subject to the provisions of LMC 18A.70.310.

2. Boarding Houses, subject to the provisions of LMC 18.70.320.

3. Private docks and mooring facilities as regulated by applicable shoreline management regulations.

4. Storage.

a. Attached carports or garages for the sole use of occupants of premises and their guests, for storage of personal household goods and motor, recreational, and sporting vehicles.

b. Detached carports or garages are allowed in conjunction with an approved access and driveway.

c. In addition to attached carports or garages, detached carports, garages, and other accessory buildings and structures such as hobbyist greenhouses and storage buildings for personal household goods and yard maintenance equipment, but excluding accessory dwelling units, are allowed.

5. Outdoor storage of two (2) recreational/sporting/utility vehicles, subject to LMC 18A.50.145, Outdoor Storage of Recreational, Utility and Sporting Vehicles Accessory to Residential Uses.

6. Home occupations and limited home occupations, subject to the provisions of LMC 18A.70.200.

7. Minor maintenance of a vehicle owned by a resident or a relative of a resident of the site on which the activity is performed, where the activity is not performed for pay or the exchange of goods or services, and subject to the provision of LMC 18A.50.155, Vehicle Service and Repair Accessory to Residential Uses.

8. Hobbyist crop or flower gardens which are non-commercial and serve one (1) or more neighborhood homes on an informal, cooperative basis, as distinguished from Outdoor Recreation uses.

9. Civic use types, limited to “pea patch” or community gardens, “tot lots,” private parks and open space set-asides. May include private, on-site composting facility with less than ten (10) cubic yards’ capacity.

10. On-site underground fuel storage tanks to serve a residential use.

11. Antennae and satellite dishes for private telecommunication services, subject to specific standards, including siting criteria, set forth in LMC 18A.70.600, Wireless Telecommunications Facilities.

12. Decks and patios.

13. Non-commercial recreational facilities and areas, indoor and outdoor, including swimming pools and tennis courts, for exclusive use by residents and guests.

14. On-site soil reclamation in accordance with state regulations.

15. Retaining walls, freestanding walls, and fences.

16. Yard sales.

17. Eating and Drinking Establishment Level 1, limited to ice cream trucks but excluding their storage.

18. Continuation of equestrian uses, which are accessory to a single-family dwelling, already legally existing within the zone at the time of adoption of this title. Maintenance, repair and replacement of existing equestrian structures shall be permitted.

B. Civic Accessory. Uses accessory to a primary permitted civic use or in conjunction with a civic use requiring a discretionary permit, subject to all applicable construction permits.

1. Professional Offices Level 1

2. Daycare Facilities Level 3

3. Eating and Drinking Establishment Level ½

4. Storage buildings and outdoor storage, subject to the provisions of LMC 18A.50.170, Outdoor Storage and Commercial Yard Surfacing Standards, for maintenance equipment and goods utilized in the primary use.

5. Antennae and satellite dishes for private telecommunication services, subject to specific standards, including siting criteria, set forth in LMC 18A.70.600, Wireless Telecommunications Facilities.

6. Facilities used in on-site grounds maintenance.

7. On-site soil reclamation treatment in accordance with state regulations.

8. Retaining walls, freestanding walls, and fences.

9. Accessory caretaker's dwelling, subject to the provisions of LMC 18A.70.350.

10. Private docks and mooring facilities as regulated by applicable shoreline management regulations.

11. Community and Cultural Services Level 1/2, in conjunction with an Outdoor Recreation use type.

12. Amusement and Recreation Level 1, in conjunction with an Outdoor Recreation use type.

13. Lodging Level 2, in conjunction with an Outdoor Recreation use type.

C. Commercial Accessory. Uses accessory to a primary permitted commercial use or in conjunction with a commercial use requiring a discretionary permit, subject to all applicable construction permits.

1. Professional Offices Level 1

2. Daycare Facilities Level 3

3. Eating and Drinking Establishment Level ½

4. Outdoor storage, subject to the provisions of LMC 18A.50.170, Outdoor Storage and Commercial Yard Surfacing Standards.

5. Antennae and satellite dishes for private telecommunication services, subject to specific standards, including siting criteria, set forth in LMC 18A.70.600, Wireless Telecommunications Facilities.

6. Facilities used in on-site grounds maintenance.

7. On-site soil reclamation treatment in accordance with state regulations.

8. Retaining walls, freestanding walls, and fences.

9. Accessory caretaker's dwelling, subject to the provisions of LMC 18A.70.350.

10. Unloading of shipping containers and semi-truck trailers may occur in non-residential zoning districts. Railroad cars, shipping containers, and semi-truck trailers may be kept in conjunction with commercial, industrial and transportation use types only where the placement and or use of the vessel is typically integral to the use type, and properly screened areas for storage and maintenance of such vessels is shown on the site plans for the facility. For existing facilities, areas for storage of shipping containers and semi-truck trailers, etc. may be approved by the Community Development Director via the zoning certification process outlined in LMC 18A.02.140.

D. Industrial Accessory. Uses accessory to a primary permitted industrial use or in conjunction with an industrial use requiring a discretionary permit, subject to all applicable construction permits.

1. Professional Offices Level 1

2. Daycare Facilities Level 3

3. Eating and Drinking Establishment Level ½

4. Outdoor storage, subject to the provisions of LMC 18A.50.170, Outdoor Storage and Commercial Yard Surfacing Standards.

5. Antennae and satellite dishes for private telecommunication services, subject to specific standards, including siting criteria, set forth in LMC 18A.70.600, Wireless Telecommunications Facilities.

6. Incidental hazardous materials storage or use, subject to applicable federal and state regulations.

7. Facilities used in on-site grounds maintenance.

8. On-site soil reclamation treatment in accordance with state regulations.

9. Retaining walls, freestanding walls, and fences.

10. Accessory caretaker's dwelling, subject to the provisions of LMC 18A.70.350.

E. Agricultural Accessory. Uses accessory to a primary permitted agricultural use or in conjunction with an agricultural use requiring a discretionary permit, subject to all applicable construction permits.

1. Retail sales of products grown on site.

2. Wholesale nursery activities on the site.

3. Outdoor storage, subject to the provisions of LMC 18A.50.170, Outdoor Storage and Commercial Yard Surfacing Standards.

4. Incidental hazardous materials storage or use, limited to agricultural chemicals, subject to applicable federal and state regulations.

5. Retaining walls, freestanding walls, and fences.

6. Barns and outbuildings, except in the CZ zoning district. (Ord. 592 § 1, 2014; Ord. 307 § 14, 2003; Ord. 264 § 1 (part), 2001.)