Chapter 18A.50DEVELOPMENT STANDARDS

Sections:

18A.50.100
General Standards.
18A.50.105
Purpose.
18A.50.110
Applicability.
18A.50.115
General Standards.
18A.50.120
Building Transition Area.
18A.50.125
Density Standards.
18A.50.130
Height Standards.
18A.50.135
Streetscapes.
18A.50.140
Residential Accessory Buildings.
18A.50.145
Outdoor Storage of Recreational, Utility and Sporting Vehicles Accessory to Residential Uses.
18A.50.150
Parking of Commercial Vehicles Accessory to Residential Uses.
18A.50.155
Vehicle Service and Repair Accessory to Residential Uses.
18A.50.160
Animals in Residential Districts.
18A.50.165
Commercial Uses in the Multifamily 3 Zone within the Lakewood Station District.
18A.50.170
Outdoor Storage and Commercial Yard Surfacing Standards.
18A.50.175
Type 3, 4, and 5 Group Home Placement Standards.
18A.50.180
Manufactured Homes on Individual Lots.
18A.50.182
Amusement Establishment.
18A.50.185
Concession/Vending Services in City Parks.
18A.50.190
Standards for Uses and Accessory Uses Not Otherwise Listed.
18A.50.195
Concurrency.
18A.50.200
Community Design.
18A.50.210
Repealed.
18A.50.211
Purpose - Community Design.
18A.50.220
Repealed.
18A.50.221
Applicability - Community Design.
18A.50.230
Repealed.
18A.50.231
Specific Uses Design Standards.
18A.50.240
Repealed.
18A.50.241
General and Special Uses Design Standards.
18A.50.250
Repealed.
18A.50.251
Administration.
18A.50.300
Tree Preservation.
18A.50.305
Purpose - Tree Preservation.
18A.50.310
Applicability - Tree Preservation.
18A.50.320
Significant Tree Preservation.
18A.50.400
Landscaping.
18A.50.405
Purpose - Landscaping.
18A.50.410
Applicability - Landscaping.
18A.50.415
Exceptions - Landscaping.
18A.50.420
Landscaping Standards.
18A.50.425
Landscaping Types.
18A.50.430
Landscaping Regulations by Zoning Districts.
18A.50.435
Landscaping Design.
18A.50.440
Street Tree Standards.
18A.50.445
Plan Requirements - Landscaping.
18A.50.450
Landscaping Installation.
18A.50.455
Water Conservation and Suggested Plant Materials.
18A.50.460
Maintenance - Landscaping.
18A.50.465
Guarantee - Landscaping.
18A.50.500
Parking.
18A.50.510
Purpose - Parking.
18A.50.520
Applicability - Parking.
18A.50.530
Parking Standards.
18A.50.540
Loading and Unloading.
18A.50.550
Use and Site Specific Standards.
18A.50.560
Parking Space Standards by Use Type.
18A.50.600
Sign Regulations.
18A.50.605
Purpose - Sign Regulations.
18A.50.610
Administration - Sign Regulations.
18A.50.615
Permanent Sign Permits.
18A.50.620
Prohibited Signs.
18A.50.625
Sign Permit Exemptions.
18A.50.630
General Provisions.
18A.50.635
Billboards.
18A.50.640
Provisions for Signs That are Permanent or Continuous Displays.
18A.50.645
Repealed.
18A.50.650
Repealed.
18A.50.655
Repealed.
18A.50.660
Repealed.
18A.50.665
Signs for Temporary Display.
18A.50.675
Nonconforming Signs.
18A.50.680
Sign Definitions.
18A.50.700
Housing Incentives Programs.
18A.50.710
Purpose - Housing Incentives Program.
18A.50.720
Applicability - Housing Incentives Program.
18A.50.730
General Provisions - Housing Incentives Program.
18A.50.740
Inclusionary Density Bonuses - Housing Incentives Program.
18A.50.750
Development Standard Modifications.
18A.50.760
Fee Reduction - Housing Incentives Program.
18A.50.770
Review Process - Housing Incentives Program.
18A.50.780
Monitoring - Housing Incentives Program.
18A.50.790
Definitions - Housing Incentives Program.
18A.50.800
Performance Standards.
18A.50.810
Purpose - Performance Standards.
18A.50.820
Applicability - Performance Standards.
18A.50.830
Nonconforming Uses - Performance Standards.
18A.50.840
Location.
18A.50.850
Restrictions on Dangerous and Objectional Elements.
18A.50.860
Performance Standards Procedures.
18A.50.100General Standards.
18A.50.105Purpose.

This section, in conjunction with other chapters and sections of the Land Use and Development Code of the Lakewood Municipal Code (LMC), provide specific minimal development standards and the methodologies used in applying those development standards. (Ord. 264 § 1 (part), 2001.)

18A.50.110Applicability.

Unless otherwise specifically modified by an adopted development agreement, these development standards are applicable to all land development and uses, including improvements, intensification, changes in use, project permits, and land use approvals and actions. (Ord. 483 § 24, 2008; Ord. 264 § 1 (part), 2001.)

18A.50.115General Standards.

A. Legally Created Lots.

1. Development shall be permitted only on a legally created lot.

2. To establish that a lot has been legally created, the applicant shall provide one (1) of the following:

a. A copy of a recorded formal plat, short plat, or subdivision approved by Pierce County or the City of Lakewood pursuant to RCW 58.17 or RCW 58.16 separately describing the lot.

b. A copy of the recorded boundary line adjustment or lot combination approved by Pierce County or the City of Lakewood separately describing the lot.

c. Documentation that the creation of the lot was exempt from the provisions of the Pierce County or City of Lakewood Subdivision Regulations.

d. A deed, contract of sale, mortgage, recorded survey, or tax segregation executed prior to August 13, 1974 that separately describes the lot.

3. Where two (2) or more lots are used as a building site, the lots shall be legally combined to form a single lot prior to issuance of a building permit. No building permit shall be issued where the subject building, associated accessory buildings, or required improvements, other than shared access or parking facilities, cross a property line.

4. The minimum width for all lots shall be fifty (50) feet.

5. The minimum street frontage for all lots shall be fifty (50) feet, except flag lots and irregular lots as specified elsewhere in this section.

6. There shall be a maximum length to width ratio of four (4) to one (1) for all new lots. The Director may waive this requirement where lot configurations are limited by the circumstances of the original parcel.

7. The shape of the new lot shall conform to the general lot shapes described in this section unless the City determines that a specific topographic feature makes a standardized lot shape not feasible. In such cases, variations of general lot shapes shall be the minimum necessary to accommodate the topographic feature and shall not create extra long lots, lots with extended projections, excluding flag lots, or unusual lot shapes which make meeting development standards difficult. The presence of a topographic feature does not require the City to consider or approve variances to lot shape.

8. No land may be so reduced in area that it would be in violation of minimum lot size, yard provisions, lot coverage, off-street parking or any other requirements of the zoning district or use.

9. On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of three (3) feet and nine (9) feet above the grade of the centerline of each intersecting street, and a line joining points along the street lines twenty (20) feet from the point of the intersection.

B. Setbacks and Lot Lines. Setbacks shall be measured from the property line of a lot to the wall line of a building or the exterior perimeter of a structure. A property line is a line of record bounding a lot that divides one (1) lot from another lot or from a public or private street right-of-way or any other private or public space.

1. Front lot line shall be that portion of a lot line abutting a street right-of-way.

2. Interior lot line shall be any lot line other than a front or rear lot line.

3. Rear lot line shall be that lot line opposite and most distant from the front lot line, and which runs most parallel to the front lot line.

4. Where the zoning district has a Garage/Carport setback requirement, that portion of the structure that acts as the vehicle entrance to the garage or carport portion of the structure, shall be setback from the property line as required by the zoning district to allow for vehicle parking and maneuvering.

5. All lots shall contain at least one (1) front yard setback, except flag lots. A front yard setback shall be required abutting each right-of-way on corner lots and through lots. All lots shall contain one (1) rear yard setback except for through and flag lots. All other setbacks will be considered interior yard setbacks.

6. Standard Lots. A standard lot is a lot that has only one (1) front lot line and one (1) rear lot line, and two (2) interior lot lines.

7. Corner Lots. If a lot abuts the intersection of two (2) or more street rights-of-way, a front yard setback is required abutting each right-of-way. This requirement is also applicable to a lot fronting a single right-of-way that simulates a corner lot. The minimum setbacks shall be the applicable front yard setback requirement on all sides with street frontage and the applicable interior setback on all remaining sides without street frontage.

8. Through Lots. In the case of a through lot, a front yard setback is required abutting each street right-of-way.

9. Flag Lots. A flag lot shall have setbacks of a minimum of ten (10) feet from all property lines for both principal and accessory structures, except in R1 and R2 zoning districts where the minimum setbacks shall be fifteen (15) feet.

a. Flag lots in residential zones (R1, R2, R3, R4, M R1, MR2, MF1, MF2, MF3) shall have a minimum frontage of twenty (20) feet on a public road or street from which access is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of twenty (20) feet in width.

b. Flag lots in non-residential zones (ARC, NC1, NC2, C1, C2, TOC, CBD, IBP, I1, I2, AC1, AC2, OSR1, OSR2) shall have a minimum frontage of twenty-four (24) feet on a public road or street from which an accessway is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of twenty-four (24) feet in width.

10. Irregular Lots. Where the shape of a lot does not generally conform to the types of lots described above, the City shall make a determination on the location of front, rear, and interior lot line, applicable setbacks and the applicable development standards for the lot.

a. In the case of triangular or otherwise irregularly shaped lots, a line at least ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line may be considered to the “rear lot line” at the City’s discretion.

b. In the case of an interior or “landlocked” lot or other irregular lot that does not meet the minimum frontage required for access, the street frontage width standards shall be the same as those required for flag lots. Minimum setbacks shall be the setbacks of the zoning district in which the lot is located.

11. Projection Exception.

a. Fireplace structures, cornices, eaves, canopies, sunshades, gutters, chimneys, sills, lintels, bay or garden windows, ornamental features or similar architectural elements may project into any setback, provided such projections are:

(1) Not wider than ten (10) feet for each wall projection.

(2) Not more than two (2) feet into an interior, front, or rear yard setback.

b. Porches, decks, and other structures which do not exceed thirty (30) inches height from the finished lot grade may project into any setback, provided such projections do not extend more than three (3) feet into a front, rear, or interior yard setback.

c. Steps may project into any setback, provided such projections do not extend more than three (3) feet into the setback.

d. A wheelchair ramp may project up to half of the distance into any required setback, provided that it does not obstruct the sight distance of a driveway or a street.

12. Fences Within the Required Setbacks. Fences to enclose, screen, or separate areas may be erected within required yard setbacks, provided that fences or other barriers:

a. Do not obstruct the sight distance of a driveway, private street, or public street.

b. Do not exceed a maximum height of six (6) feet within the interior and rear yards.

c. Do not exceed a maximum height of four (4) feet within the front yard;

(1) Except that within the back half of a front yard setback on a corner lot, the rear lot line and the rear of the structure may be enclosed with a maximum six (6) foot high fence, and

(2) Except that within the required front yard setback of a lot fronting on a Principal Arterial Street, the maximum height shall be six (6) feet.

d. Are not constructed of barbed wire, razor wire, embedded glass, or other similar materials, construction, or anti-entry techniques that may cause injury, except as provided for in LMC 18A.50.200, Community Design.

13. Bulkheads and Retaining Walls. Any structure constructed and erected between lands of different elevations which is used to resist the lateral displacement of any material, control erosion, or protect structures may be placed within required yard setbacks to a maximum height of four (4) feet on front property lines and eight (8) feet on side and rear property lines, provided all applicable site distance requirements and building permit requirements are met. If more than one retaining wall is used to terrace a slope, the minimum horizontal distance between the back edge of a lower wall and the front edge of a upper wall shall be two (2) feet.

14. Setbacks from ingress/egress easements. No additional setback is required from easements.

C. Access Control.

1. Access control shall be applied, at the discretion of the City Engineer, to all street frontages to minimize traffic conflicts and where appropriate, to preserve on-street parking and promote non-motorized modes of transportation.

2. Areas for ingress and egress for automobiles shall be designed in such a manner that adequate visibility is ensured.

3. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be located on lots as to provide safe and convenient access for servicing and required off-street parking.

D. Residential Uses.

1. Adequate paved vehicular maneuvering area shall be provided in front of any residential garage or carport. The minimum depth of paving shall be twenty (20) feet from the front of the garage or carport and the minimum width shall be the total width of the garage or carport vehicular access opening(s).

2. A stormwater control plan shall be required for all residential development with a slope in excess of ten (10) percent on any portion of the lot that will be developed.

3. An erosion control plan shall be required for all residential development with a slope in excess of ten (10) percent on any portion of the lot that will be developed.

4. A geotechnical assessment shall be required for all residential development with a slope in excess of twenty (20) percent on any portion of the lot that will be developed.

E. Shoreline Uses.

1. For new developments and additions that are adjacent to a shoreline or a shoreline buffer, the following information shall be submitted as part of the project permit application:

a. A professional survey that contains and illustrates:

(1) The lot boundaries.

(2) The ordinary high water mark.

(3) The applicable shoreline setbacks.

(4) The topographic lines at two (2) foot contours.

(5) The location of building footprint.

(6) The elevation of all corners of the proposed structure.

(7) The location of any proposed docks/ramps and bulkheads.

(8) The location of all other existing and proposed structures on the site.

(9) The limits of proposed grading activity, soil disturbance and vegetation removal.

b. Sketch(es) showing proposed excavation, fill, and post-construction grade changes in relation to pre-construction grades.

c. An erosion control plan.

d. A stormwater control plan.

e. A tree survey for entire lot and the location of all existing vegetation within the applicable shoreline setback, including riparian buffers.

2. Erosion control measures shall be in place and inspected prior to any grading activity on the site.

3. The shoreline setback for buildings, retaining walls, rockeries, stairways, and all other structures, except bulkheads, docks, boat ramps, and other in-water uses permitted under the shoreline regulations, shall be a minimum of fifty (50) feet horizontal distance from the ordinary high water mark, and this distance shall not be averaged.

4. No vegetation removal, excavation, fill, or landscaping shall be undertaken within the shoreline setback without first obtaining the appropriate shoreline permit(s) or a shoreline exemption letter from the Community Development Department.

F. Prohibited Uses and Development.

1. No more than one (1) dwelling shall be permitted per lot in all single family residential zoning districts, except as provided in LMC 18A.70.300, Accessory Living Quarters, or as may be allowed by the specific use regulations of a particular district.

2. Except as provided in Sections 18A.70.430 and 440, recreational and sporting vehicles shall not be used for dwelling purposes in any zoning district, and shall be subject to the requirements of LMC 18A.50.145, Outdoor Storage of Recreational and Sporting Vehicles.

3. Tents, yurts, membrane or rigid canopies, or other similar structures shall not be placed or maintained in any commercial or industrial zoning district, except with the written authorization of the Community Development Director. The Community Development Director shall evaluate any such proposal against the development standards and community design guidelines pertinent to the applicable zoning district.

4. No motor vehicle, which is advertised for sale, shall be parked in any location for more than 24 hours in a manner intended to facilitate that sale, except on residential property where the registered owner resides, or in conjunction with a permitted Motor Vehicle Sales and Rental use type.

5. Outdoor commercial activities shall be prohibited except for those uses and activities that are allowed as a primary permitted use or by discretionary permit under this title. (Ord. 500 § 10, 2009; Ord. 483 § 25, 2008; Ord. 307 § 19, 2003; Ord. 264 § 1 (part), 2001.)

18A.50.120Building Transition Area.

A. The Building Transition Area limits the bulk of the multi-family dwelling and non-residential use type structures along property lines that abut the Residential (R1, R2, R3, R4) and Mixed Residential (MR1, MR2) zoning districts.

B. Buildings, or portions of buildings, located within a building transition area shall not exceed forty (40) feet in height. Buildings, or portions of buildings, that exceed forty (40) feet in height shall be setback twenty (20) feet from any property line abutting a R1, R2, R3, R4 zoning district, plus an additional foot of setback for each additional foot of building height. The maximum set back under this provision is thirty-five (35) feet.

(Ord. 264 § 1 (part), 2001.)

18A.50.125Density Standards.

A. The maximum density of each zoning district shall be the maximum number of dwelling units allowed per gross area of an acre, excluding accessory dwelling units. Maximum density shall be expressed as a ratio, i.e., three (3) dwelling units per acre. The minimum lot size shall not determine maximum density. Maximum density shall not be exceeded, except as allowed by the provisions of LMC 18A.02.235(B).

B. Gross area is the total sum area of the lot, including easements, and wetlands, streams, shorelines, and other critical areas. The required critical area buffers and all legally recorded private access easements shall not be subtracted from the gross acre for the purpose of dwelling unit calculations. See Figure 6 below for reference.

(Ord. 264 § 1 (part), 2001.)

18A.50.130Height Standards.

A. Height Measurement. The height of a structure is measured from the average elevation of the undisturbed natural topography or pre-existing grade on a site to the highest point of the structure (see Figure 7). The average elevation is determined by averaging the elevations of the undisturbed natural topography or the pre-existing grade at all corners or change in wall plane of the proposed structure (see Figure 8). A elevation benchmark shall be set on the lot, outside of the construction area, where it will remain undisturbed to allow verification of vertical elevation (See Figure 8).

B. Exceptions. Height standards shall not apply to religious assembly spires, flagpoles, belfries, and domes; chimneys, household antennas, ventilation stacks, or similar appurtenances that are required to be placed above the roof level and not intended for human occupancy.

C. Fence Heights. The height of a fence located on a rockery, retaining wall, or berm shall be measured from the top of the fence to the ground on the high side of the rockery, retaining wall, or berm. Net fences, such as those used on golf courses and/or driving ranges shall not be higher than thirty-five (35) feet and shall meet the setbacks required for structures.

D. Flag Poles. Flag poles shall not exceed the maximum height allowed by the zone in which it is located. All such poles shall be placed so as to neither obstruct nor obscure adjacent property owners’ lines of vision.

(Ord. 264 § 1 (part), 2001.)

18A.50.135Streetscapes.

A. Purpose. The purpose of this section is to provide standards for the minimum improvements to meet the goals of providing sidewalks and other means of non-motorized circulation, controlling vehicle access, protecting living areas from traffic, unhealthy conditions and incompatible uses, and to continue to remedy potential groundwater contamination.

B. Sidewalks. Sidewalks shall be located along all arterial streets contiguous to the property line and shall serve to provide a pedestrian right-of-way and prevent interference or encroachment by fencing, walls, hedges, and other incompatible plantings and structures. Sidewalks of no less than five (5) feet in width shall be constructed with curb, gutter, and adjacent landscape strip, and shall meet the standards of LMC Title 12, Streets Sidewalks and Public Thoroughfares.

1. Sidewalks shall be constructed by the developer of any new industrial, commercial, and multifamily development; non-residential change of use, or major tenant improvement; commercial, non-residential or multi-family residential remodel; or residential subdivision, where the new development, change of use, or remodel will increase vehicular or pedestrian traffic to and from the site, or otherwise impact the local street system as determined by the City Engineer.

2. In all subdivisions, in addition to sidewalks along arterial streets, sidewalks shall be installed by the developer on all interior streets as follows:

a. For subdivisions with one to nine (1-9) dwelling units, sidewalks shall be required on one (1) side of the interior streets only.

b. For subdivisions of ten (10) or more dwelling units, sidewalks shall be required on both sides of the interior streets.

C. Utilities. Utilities shall be placed underground wherever possible, as determined by the City Engineer.

D. Sanitary Sewers. At the time of new development, expansion, or major tenant improvement which will increase the amount of wastewater generated, property owners are required to hook up to existing and available sewers lying within three hundred (300) feet of the property at the property owner’s expense.

1. If connecting to the existing sewer requires the property owner to obtain an easement across private property but the property owner is unable to do so and can provide evidence that a reasonable attempt to obtain such easement was made, and providing further that hookup to any existing and available sewer requires the property owner to extend a line greater than one thousand (1,000) feet, a waiver from this requirement can be granted. This waiver provision does not apply to new subdivisions of five (5) or more lots.

E. Access. Multifamily, commercial and industrial development shall have access located on arterial streets or have access to arterial streets. All newly created residential lots shall access off internal plat roads, except as authorized by the City Engineer.

F. Lighting. Street lighting shall be provided in conjunction with new industrial, commercial, and multifamily development, major tenant improvements, or subdivisions. Street lighting shall be provided along arterial streets in accordance with specification and standards approved by the City Engineer.

1. In commercial and industrial developments, including major tenant improvements, lighting and glare shall be shielded or directed away from residential uses. New multi-unit developments shall provide shielding or direct lighting and glare away from all other residential uses.

G. Equipment and Outdoor Activities. Mechanical equipment or outdoor activities such as but not limited to storage, loading, utilities, and waste disposal shall be integrated into the design of the building(s) or development and screened from view.

H. Streetscapes shall be improved for all new developments as specified in this section, LMC 17.46 Site Development Regulations, LMC 18A.50.200 Community Design, LMC 18A.50.400 Landscaping, LMC 12.02, Streets Sidewalks and Public Thoroughfares, and LMC 18A.50.500 Parking.

I. The City Engineer and the Community Development Director may modify the streetscape improvements requirements of this section in accordance with LMC 18A.50.400 Landscaping, LMC 18A.50.500 Parking, LMC 18A.50.200 Community Design, LMC 18A.10.400, Design Review, and the following:

1. The City Engineer and the Community Development Director may permit modification of streetscape improvements requirements and standards when development of the required improvement(s) is not, in the opinion of the City Engineer and the Community Development Director, practical due to physical limitations of the site which are no fault of the applicant.

2. The City Engineer and the Community Development Director may permit modification of streetscape improvement standards where the required streetscape is not, in the opinion of the City Engineer and the Community Development Director, roughly proportionate to the impact, type, scale, and cost of the proposed development action.

3. The streetscape design alternatives shall be documented as an administrative determination. Mailing of notice to adjacent property owners potentially affected by the development regulation modifications is required. (Ord. 317 § 6, 2003; Ord. 264 § 1 (part), 2001.)

18A.50.140Residential Accessory Buildings.

A. The maximum height for residential accessory buildings shall be twenty-four (24) feet.

B. Detached residential accessory structures which are less than one hundred twenty (120) square feet in size and not higher than ten (10) feet, including garden sheds or greenhouses or combination of both; children’s play equipment; arbors; and gazebos, when placed in a rear half of the lot shall have a minimum three (3) foot setback. Attached accessory structures shall meet the same setbacks as the main building.

C. Pools, hot tubs, and similar accessory structures may not be located in the rear or interior yard setbacks.

D. Vehicle covers and other storage structures that are composed of pipes or poles with a fabric, plastic or other type of cover on the top of the framework are required to meet the development standards for the applicable zoning district, including lot coverage limitations and setback requirements. If the covering on such a structure is metal, wood, hard plastic or other rigid material and the structure exceeds 120 square feet in size, a building permit is required for the structure. If the structure is used for recreational, sporting or utility vehicle stiorage, the storage requirements of LMC 18A.50.145, including a parking pad and screening must be met. Fabric, vinyl, flexible plastic or other membrane material may be utilized to enclose the sides of the structure only if the structure is specifically designed and used for vehicle storage. Such enclosed structures are not exempt from the screening requirements of LMC 18A.50.145. Except as noted above, general storage is prohibited in tents, yurts or other tent-like structures.

E. Railroad cars, shipping containers, and semi-truck trailers shall not be placed or maintained in any single-family residential, mixed residential, or multi-family residential zoning district. (Ord. 307 § 20, 2003; Ord. 277 § 1 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.50.145Outdoor Storage of Recreational, Utility and Sporting Vehicles Accessory to Residential Uses.

The storage or parking of a recreational vehicle, utility vehicle or a sporting vehicle accessory to a residential use may be permitted subject to the following standards:

A. Recreational, utility and sporting vehicles shall not be stored on a lot where no residential use exists.

B. No more than two (2) recreational, utility and/or sporting vehicles as defined in LMC 18A.90.200, Definitions, or equipment shall be stored outside of an enclosed building or structure on any residential property. Multi-family residential complexes and zero lot line developments may allow the storage of additional recreational and sporting vehicles provided that the outdoor storage meets the requirements of LMC 18A.50.170, Outdoor Storage and Commercial Yard Surfacing Standards.

C. Recreational, utility and sporting vehicles and equipment placed for storage purposes on property upon which the owner resides, shall not be occupied for continuous periods, except for short-term, temporary purposes by a friend or relative for not more than twenty-one (21) days in any ninety (90) day period, whether it be in storage by the property owner or brought to said property by the friend or relative. Such temporary occupancy shall be permitted only with the prior written authorization of the Community Development Director for time periods as permitted in this section. Occupancy of the recreational, utility or sporting vehicle outside of the specific time periods referenced in the Director’s written authorization shall constitute conclusive evidence of a violation of this section. No electrical hookup shall be permitted to a vehicle other than during the time period said vehicle(s) are occupied or for humidity control purposes. No other utility hook-ups shall be permitted at any time.

D. Recreational, utility and sporting vehicles shall be stored on a parking pad or in the driveway of the residence. No portion of the vehicle shall be stored within the public right-of-way, even if a portion of the driveway extends into the public right-of-way.

E. The parking pad shall have an all-weather surface such as asphalt or concrete, paver stones, grasscrete or a minimum of three (3) inches gravel, which shall be maintained in such condition.

F. The parking pad shall be located at the side or rear of the dwelling, whenever feasible.

G. The parking pad shall be screened, to the maximum extent feasible, from the public street and neighboring properties by fencing and/or landscaping. (Ord. 307 § 21, 2003; Ord. 264 § 1 (part), 2001.)

18A.50.150Parking of Commercial Vehicles Accessory to Residential Uses.

A. No more than one (1) commercial vehicle of a type commonly referred to as a utility van, step van, box van, flatbed pickup, tow truck, utility vehicle, emergency vehicle, semi-truck cab, or other similar vehicle, may be parked on a residential lot or one (1) per dwelling unit on a multi-family property, as an residential accessory use. if parked in accordance with the requirements of LMC 18A.50.500, Parking and the following standards:

1. The commercial vehicle shall be stored on a parking pad or in the driveway of the residence. No portion of the vehicle shall be parked within the public right-of-way, even if a portion of the driveway extends into the public right-of-way.

2. The parking pad shall have an all-weather surface such as asphalt or concrete, paver stones, grasscrete or a minimum of three (3) inches gravel, which shall be maintained in such condition.

3. The parking pad shall be located at the side or rear of the dwelling, whenever feasible.

B. In residential zoning districts, the parking of buses, semi-truck trailer units attached to a semi-truck cab or detached, dump trucks, and other similar commercial vehicles or any commercial vehicles over ninety-six (96) inches in width or thirty (30) feet in length is prohibited as an accessory use. Unloading of shipping containers and semi-truck trailers may occur in residential zoning districts for periods not to exceed seventy-two (72) hours.

C. Commercial vehicles shall not be parked on, adjacent to, or abutting property zoned OSR1 or OSR2. (Ord. 307 § 22, 2003; Ord. 264 § 1 (part), 2001.)

18A.50.155Vehicle Service and Repair Accessory to Residential Uses.

The repair, service, restoration, modification, assembly, disassembly, construction, reconstruction, or other work on a motor vehicle, recreational vehicle or a sporting vehicle on any residential premises in any zone that allows residential uses shall be subject to the following standards:

A. Work shall be limited to the non-commercial repair and maintenance of motor vehicles, recreational vehicles, sporting vehicles and vehicular equipment that is currently registered to a resident of the premises or a member of the residents’ family, which shall be limited to parents, grandparents, spouse, or children related by blood, marriage or adoption.

B. Such work is prohibited in multi-family residential complexes of three (3) or more dwelling units on a parcel, unless totally within an enclosed garage.

C. Such work shall be conducted on no more than one (1) vehicle at any one time.

D. Such work shall be conducted only between the hours of 7:00 AM and 10:00 PM on weekdays and 9:00 AM and 10:00 PM on weekends.

E. Assembly, disassembly or bodywork shall only be conducted within a fully enclosed garage or accessory building. Minor service and repair work may only be performed in a fully enclosed building, an open accessory structure, on a parking pad or in the driveway directly adjacent to the garage or carport. Such work shall not be performed in the public right-of-way nor shall vehicles be stored in the public right-of-way, even if a portion of the driveway extends into the public right-of-way. Nor shall any vehicle be stored in violation of LMC 8.24.100, Storage of Certain Vehicles and Components Prohibited.

F. The parking pad shall be located at the side or front of the dwelling, whenever feasible and shall have an all-weather surface such as asphalt or concrete, paver stones, grasscrete or a minimum of three (3) inches gravel, which shall be maintained in such condition as to act as an impervious surface.

G. Parts, equipment, debris, excess materials or other supplies needed for the repair of a vehicle on the premises shall be stored within a fully enclosed structure such as a garage or accessory building.

H. The performance of such work shall not create a nuisance to the neighbors.

I. Upon completion of any work allowed by this section, the property shall be cleaned of all debris, oil, grease, gasoline, cloths or rags, and all other equipment or material used in the work, and the property shall be left in such a condition that no hazard to persons or property shall remain.

J. Storage, containment, and disposal of all hazardous materials shall be in accordance with state and local regulations.

K. Disposal of all waste products shall be in accordance with state and local regulations.

L. Painting of vehicles is prohibited. (Ord. 264 § 1 (part), 2001.)

18A.50.160Animals in Residential Districts.

A. Peacocks, roosters, turkeys, ostriches, emus, other similar birds, wild, undomesticated or exotic mammals, and cows, sheep, llamas, goats, swine, and other livestock, but excluding horses, shall be prohibited in all zoning districts in the City except AC1 and AC2. Horses and equestrian facilities shall be permitted only as allowed by LMC 18A.30, Zoning Districts.

B. Poultry, pigeons, ducks, and similar birds, and rabbits and similar mammals, except as prohibited in Subsection 18A.50.160(A). above, raised for domestic, noncommercial use shall be permitted as an accessory use to a dwelling unit on any lot, provided:

1. A minimum setback of ten (10) feet from all property lines shall be required for all hutches and twenty (20) feet for all pens, coups, aviaries, similar enclosures, and free-range areas.

2. No more than sixteen (16) poultry, birds or rabbits and similar mammals shall be permitted per acre.

3. Aviaries or lofts shall provide a minimum of one (1) square foot for each pigeon or similar bird and shall not exceed one thousand (1000) square feet. (Ord. 264 § 1 (part), 2001.)

18A.50.165Commercial Uses in the Multifamily 3 Zone within the Lakewood Station District.

A. Requirements. Within that portion of the MF 3 zoning district located within the Lakewood Station District as designated in the comprehensive plan, and solely in conjunction with the Multifamily Dwelling, Level 2 use, the following standards shall be required:

1. The commercial use is only permitted on the ground floor of the development.

2. A minimum ratio of four (4) square feet of multifamily use to one (1) square foot of commercial use.

3. The commercial uses shall be of a type and level as specified in LMC 18A.30.340(B). Multifamily Zoning Districts. (Ord. 264 § 1 (part), 2001.)

18A.50.170Outdoor Storage and Commercial Yard Surfacing Standards.

A. Outdoor Storage Areas and Yards.

1. Outdoor storage areas and yards shall be paved with asphalt or concrete, including contractor storage yards and areas where vehicles or heavy equipment will be parked, stored, or regularly maneuvered. Areas where unattached trailers; shipping containers; vehicles without engines, transmissions, oil and/or gasoline tanks; or where other inert materials or items are stored may be exempted from paving requirements at the discretion of the Community Development Director where it is determined that such storage does not pose a soil contamination hazard. A hydrogeologic assessment per the City’s critical areas regulations may be required to assist the Director in making this determination.

2. No hazardous materials shall be stored or utilized in storage areas, except as permitted under the Uniform Fire Code and any conditions of site development required by the City.

3. All storage areas shall be screened and fenced pursuant to LMC 18A.50.400, Landscaping.

B. Salvage Yards, Vehicle Storage Facilities, Vehicle Impound Yards, and Wrecking Yards shall be paved with asphalt or concrete, fenced and landscaped pursuant to LMC 18A.50.400, Landscaping. (Ord. 317 § 7, 2003; Ord. 264 § 1 (part), 2001.)

18A.50.175Type 3, 4, and 5 Group Home Placement Standards.

A. Intent. Although Type 3, 4 and 5 Group Homes are regulated as Residential use types under LMC 18A.20.300, it is found and declared that they also constitute essential public facilities as described in LMC 18A.20.400, which provide a needed community service. However, the public interest dictates that Type 3, 4, and 5 Group Homes shall be subject to regulations and distance separation requirements designed to reduce their incompatibility with established neighborhoods, schools and other sensitive land uses; to encourage equitable regional and statewide distribution of such essential public facilities; and to promote the public health, safety, and general welfare.

B. Applicability. Type 3, 4, and 5 Group Homes are permitted subject to the zoning regulations contained in Chapters 18A.20 and .30 LMC. All Type 3, 4, and 5 Group Homes are further subject to the terms and conditions of this section.

C. Conditional use permit required. A conditional use permit is required for siting or expanding Type 3, 4, or 5 Group Homes in the zoning districts in which they are permitted.

D. Application and review. Conditional use permit application and review requirements are set forth in LMC 18A.10.100 (generally) and LMC 18A.02.550. In addition, the applicant shall:

1. Provide a written statement justifying the need for location of the Type 3, 4, or 5 Group Home in Lakewood based upon forecasted needs, including an analysis of alternative sites considered both within and outside of the city;

2. Submit specific and detailed information demonstrating that, prior to and as an integral part of selecting the site at which the use is proposed, the facility siting requirements set forth in RCW 72.65.220 and WAC 137-57-050 or successor requirements have been fulfilled;

3. Provide a fiscal analysis of the facility’s impact on City finances and public service levels, and the methods or conditions of mitigation that would be required to address significant adverse financial and/or operational impacts;

4. Perform a compatibility study which, at minimum, contains the following information on a form prescribed by the City:

a. The purpose of the proposed Type 3, 4, or 5 Group Home;

b. An operational characteristics description of the proposed use;

c. An evaluation of the potential effects of the proposed Essential Public Facility Civic use upon the adjacent properties; and

d. Identification of any applicable mitigation measures designed to address any potential effects identified through the evaluation required herein.

E. SEPA Lead Agency. Unless specifically released on a case-by-case basis, the City hereby reserves lead agency status for environmental review under the State Environmental Policy Act for any and all Type 3, 4, and 5 Group Home uses within any zoning district.

F. Standards and Conditions.

1. Location requirements. Any new or expanding Type 3, or 4 Group Home shall be located 1,000 feet or more from any day care center or church with a day care center, any state-licensed family day care, any public or private school, or any public park. The City shall determine whether a proposed facility meets the buffer requirement from GIS data showing the location of existing day care centers, churches with day care centers, state-licensed family day cares, public and private schools, and public parks. The City shall maintain up-to-date information as to the location of such uses using siting and licensing information.

2. Pre-screening. Prior to placing any residents within a Type 3 or 4 Group Home, the sponsoring state agency shall enter into an enduring interlocal agreement with the City which delineates a pre-screening process for residents proposed to be placed at the facility.

3. Annual report. For Type 4 Group Homes, and no later than January 31st of each calendar year, the state agency and/or operator shall submit to the Community Development Director reports on recidivism rates and escapes.

The report on recidivism, as defined herein, shall include both summary and detail information. At the summary level, the report shall list the recidivism rate for all offenders who, at any time in the past five years, resided in any Type 4 Group Home located within Lakewood. Separate recidivism rates shall be calculated for offenders with six months, one year, two years, and five years at-risk time in the community, as defined herein.

At the detail level, the report will list each recidivating event occurring in the previous calendar year by any offender who was housed, however briefly, in a Type 4 Group Home within Lakewood at any time in the previous five years. For each event, the report shall include: a) the name of the offender; b) the offender’s criminal history; c) the date and time the incident occurred; d) the city and county where the incident took place; e) the name of the county in which the offender was originally convicted; and f) a summary of the incident including any criminal or administrative sanctions imposed.

The report on escapes, as defined herein, shall list each escape that took place at the Type 4 Group Home during the previous calendar year. For each escape, the report shall include: a) the name of the offender; b) the manner in which the escape took place (i.e., failure to return from work, left the facility without authorization, etc.); c) the time and date the escape took place; d) the date, time and location where the offender was captured (if apprehended); e) the offender’s criminal history; f) a summary of any administrative or criminal sanctions imposed as a result of the escape; and g) a summary of any criminal offenses (other than escape) the DOC or operator has cause to believe the offender may have committed while an escapee.

If the reports are not submitted timely, the facility shall be deemed to be out of compliance with this condition of operation, and the Community Development Director may initiate a revocation of the conditional use permit for the facility.

4. Added conditions. If the required annual report demonstrates a level of recidivism and/or escape activity that is unacceptable to the City, and at the sole discretion of the Community Development Director, the City may initiate amendments to the CUP to enable the hearing examiner to consider and place additional conditions intended to mitigate recidivism and/or escape activity associated with the use.

G. Criteria. A CUP may only be granted for a Type 3, 4, or 5 Group Home after the hearing examiner has reviewed the proposed use and has made written findings that all of the standards and criteria set forth herein, as well as the general criteria set forth in LMC 18A.10.150, have been met or can be met as conditions of approval:

1. That, prior to and as an integral part of selecting the site at which the use is proposed, the facility siting requirements set forth in RCW 72.65.220 and WAC 137-57-050 or successor requirements have been fulfilled. Compliance with this condition shall include written evidence satisfactory to the hearing examiner demonstrating that early and continuous public participation opportunities have been provided, that all public notifications and local public meetings have been conducted in compliance with state law, that a search committee and advisory committee were duly established and, further, that the advisory committee properly evaluated the site selection factors set forth in WAC 137-57-050 or successor requirements.

2. That mitigation measures have been developed that ensure community safety. The components of such a program may include such things as, but are not limited to, the opportunity for the neighborhood to meaningfully participate in the pre-screening process for incoming residents and a process to address any public safety problems which may be demonstrated as resulting from the facility’s siting.

3. The extent to which the applicant can demonstrate that the site size and building size is adequate to house the intended number of residents.

4. The extent to which the facility is served by public transportation in order to provide residents of the facility with a means of travel.

H. Legally established Type 3 Group Homes located in the PI zoning district. Continuation of Type 3 Group Homes, located in the PI zoning district, already legally established and permitted by the City, and in operation at the time of adoption of this section, are exempt from the standards listed herein. (Ord. 423 § 1 (part), 2006; Ord. 264 § 1 (part), 2001.)

18A.50.180Manufactured Homes on Individual Lots.

A manufactured home that is placed on an individual lot pursuant to this section shall be considered a Single Family, Detached Dwelling, Level 1. No manufactured or modular home shall be placed on an individual lot except as provided for in this section or as otherwise provided for in this Title. Such manufactured home shall:

A. Be placed on a permanent foundation as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product which can be either load bearing or decorative, and set up in accordance with building code requirements.

B. Comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located, including the development standards of the zoning district.

C. Be comprised of at least two (2) fully enclosed parallel sections each not less than twelve (12) fee wide by thirty-six (36) feet long.

D. The manufactured home shall be a new manufactured home or otherwise meet all requirements for a designated manufactured home as defined in RCW 35.63.160.

E. The manufactured home shall be thermally equivalent to the state energy code. (Ord. 412 § 13, 2006; Ord. 264 § 1 (part), 2001.)

18A.50.185Concession/Vending Services in City Parks.

On all public parks and public park property within the corporate limits of the City, the operator of a food concession or vending service shall enter into an agreement for use of park property for concession/vending purposes, or shall submit to the City a copy of such a lease or other agreement executed by the owner of the property, if not owned by the City, for City approval. The agreement shall include standards pursuant to 18A.50.241(I), Design Elements for Vendors. (Ord. 397 § 13, 2005; Ord. 264 § 1 (part), 2001.)

18A.50.190Standards for Uses and Accessory Uses Not Otherwise Listed.

For permitted accessory uses, principal uses, administrative uses, and conditional uses that are not specifically listed in this section, the following development standards shall apply:

A. Parking Requirements. Parking requirements shall be provided in the manner set forth in LMC 18A.50.500, Parking.

B. Landscaping Requirements. Landscaping requirements shall be provided for in LMC 18A.50.400, Landscaping.

C. Tree Preservation. Significant tree identification, preservation, and replacement shall be provided for in LMC 18A.50.300, Tree Preservation.

D. Community Design. Community design shall be provided in LMC 18A.50.200, Community Design Guidelines.

E. Signs. Sign requirements shall be provided for in LMC 18A.50.600, Signs.

F. Stormwater Management. Storm drainage control as provided in 17.46.100, Storm Drainage.

G. Streetscapes. Streetscapes as required by LMC 18A.50.135, Streetscapes.

H. For standards and requirements that are not identified within a specific zoning district or within this chapter, the Community Development Director may make a determination and/or adjustment of the development standards using the following criteria, in addition to the appropriate discretionary permit review approval criteria:

1. Consistency. The development standards shall provide consistency with the intent, scale and character of the zoning district involved.

2. Impacts. The determination and/or adjustment of the development standard(s) does not negatively impact:

a. The adjacent property owners.

b. The safety of the general public.

c. The visual character, scale and design compatibility of the surrounding area.

3. The determination and/or adjustment of the development standard(s) shall be equal to, or superior in, fulfilling the intent and purpose of the original requirement. (Ord. 264 § 1 (part), 2001.)

18A.50.195Concurrency.

A. All new development and improvements, expansion, or intensification of an existing use shall be connected, at applicant expense, to a public primary infrastructure system to support the use.

B. If primary infrastructure is not available to the site or the existing infrastructure does not contain sufficient capacity to support the proposed development, the City may not:

1. Issue development permits which would allow for an increase in the amount of infrastructure demand generated from the site.

2. Permit the division of the property that provides for increased potential for development or demand for infrastructure. All new subdivisions, including short plats, preliminary/final plats, binding site plans and condominium conversions shall require connection to the public sewer system prior to recordation of the subdivision instrument.

C. Primary infrastructure includes, but is not limited to:

1. Sanitary sewer.

2. Water.

3. Transportation and transit facilities.

4. Stormwater.

5. Electrical.

6. Police, fire, and emergency medical.

D. The use of septic systems shall be limited to system replacement or as otherwise permitted by the Pierce County Health Department and approved by the City Engineer. (Ord. 591 § 79, 2015; Ord. 264 § 1 (part), 2001.)

18A.50.200Community Design.
18A.50.210Purpose - Community Design. (Repealed)

(Repealed Ord. 277 § 1 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.50.211Purpose - Community Design.

The purpose of this chapter is to establish design guidelines in order to enhance the general appearance of the city, provide for development that enhances the established character of Lakewood and reflects the lifestyle values of Lakewood citizens. This chapter is intended to help maintain and protect property values in a community that is safe, attractive, and prosperous. This chapter also endeavors to create a pedestrian-friendly environment by improving and expanding pedestrian circulation, public open space, and pedestrian amenities in the city. This chapter is intended to provide clear objectives for those embarking on the planning and design of projects and encourage creativity in building and site design, by assuring quality development balanced with administrative flexibility to consider the individual merits of proposals. (Ord. 277 § 1 (part), 2002.)

18A.50.220Applicability - Community Design. (Repealed)

(Repealed Ord. 277 § 1 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.50.221Applicability - Community Design.

This chapter shall apply to all new development, except single-family dwellings, in any zoning district in the city. Additions and exterior remodels associated with existing buildings and site redevelopment projects are subject to those provisions of this chapter that are determined by the Community Development Director to be reasonably related and applicable to the development project. Projects that modify parking and landscaping areas shall be subject to site design standards for pedestrian access, safety and landscaping standards. The Community Development Director may, at his sole discretion, determine which, if any, additional design standards apply to projects that modify an existing building or site. Proposals that will not modify a building exterior or the site, such as interior tenant improvements and interior remodels are exempt from the community design standards. (Ord. 277 § 1 (part), 2002.)

18A.50.230General Standards for Site Planning and Building Design. (Repealed)

(Repealed Ord. 277 § 1 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.50.231Specific Uses Design Standards.

A. Commercial Uses and Zones. These standards are intended to create an attractive and functional environment for commercial uses, improve vehicular and pedestrian circulation, and upgrade the city’s visual appearance in commercial zones.

1. Site Design Objectives.

a. Streets in commercial zones should provide sidewalks and pedestrian amenities, but also accommodate vehicular access to businesses. Buildings should be pedestrian-oriented with ground floor retail sales or service uses, and should orient major entrances, display windows and other pedestrian features to the right-of-way. A consistent and unified setback pattern is desired. Commercial buildings in the Central Business District, the Lakewood Station District and Tillicum should be sited as close to the primary street frontage as possible with consideration given to the location and context of other buildings in the immediate vicinity to create consistent street walls at a scale appropriate to the district. Setback exceptions may be made for public spaces adjacent to a building that provide for pedestrian amenities such as a special entry, pedestrian plaza, outdoor dining, or a garden space associated with residential uses. The setback area should not be used for parking.

b. Surface parking should be provided in courtyards, to the side, or behind buildings.

c. Natural amenities such as views, significant or unique trees, creeks, riparian corridors, and similar features unique to the site shall be preserved and incorporated into the design. Natural topography shall be emphasized, rather than obscured or eliminated. Siting or massing of buildings should preserve public views of Mount Rainier and/or other significant natural features of the landscape.

d. Pedestrian-oriented spaces, amenities and corridors should be incorporated in the overall site design. Pedestrian areas shall be easily accessible, clearly visible and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure.

e. Provide pedestrian walkways connecting all business entries within a business complex or on the same development site. Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public streets.

f. Multiple buildings on the same site should incorporate public spaces, formal or informal. The buildings should be integrated with site elements such as plazas, walkways and landscaping with pedestrian pathways, to provide clear view to destinations and to create a unified campus-like development.

g. Provide pedestrian walkways through parking lots. Pedestrian pathways and pedestrian areas shall be delineated using a variation in pavement texture and color and protected from abutting vehicle circulation areas with landscaping or by being raised above the driving surface level. Paint striping on asphalt as a method of delineation is not encouraged. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. The pathway shall be at least 6 feet wide exclusive of bumper overhangs. Pedestrian routes through parking lots shall be distinctively marked using vertical and/or horizontal design elements, such as special paving of brick, colored stamped concrete, cobblestone and/or raised sidewalks. Crosswalk designs shall include caution signs for motorists. Include pedestrian amenities such as benches, trash containers, and planters where appropriate. In large parking lots, a pedestrian walkway shall be provided at least every one hundred fifty (150) feet. All walkways shall be integrated with the landscape plan and provide adequate sight distance to ensure a clear view of pedestrians and vehicles. Separate service vehicle access and loading zones from pedestrian areas where possible.

h. Service and loading areas shall be designed in accordance with the general criteria outlined in Section 18A.50.241(B).

i. Grocery stores and large retailers shall provide shopping cart collection areas within the parking areas. The collection areas shall be evenly spaced and shall provide easy access and safety features.

j. Weather protection for pedestrians shall be provided as outlined in Section 18A.50.241(C).

k. Blank walls shall be treated as described in Section 18A.50.241(D)

l. Drive through facilities shall be designed in accordance with Section 18A.50.241(G).

m. A bicycle rack shall be provided in a convenient location for all commercial developments over four thousand (4,000) square feet of gross floor area.

2. Building Design. The intent of this section is to encourage building design that is appropriate to the site and that becomes a positive element in the architectural composition of the city.

a. Architectural Consistency. Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. Buildings should be of appropriate height, scale, and design so as to be generally consistent with those existing permanent neighboring developments that are consistent with the Land Use and Development Code. An effort should be made to provide architectural and site design elements that help the building or development relate to broader architectural themes and design elements of the surrounding area and the city in general. Adjacent structures that are not in conformance with this Code shall be considered to be transitional.

b. Architectural Scale. To create a commercial height and appearance, the minimum floor-to-floor height should be fourteen (14) to fifteen (15) feet for ground floor retail/office/service uses. Large buildings must provide design elements to reduce the appearance of bulk as required by Section 18A.50.241(A), Large Buildings. Building forms on structures two (2) stories in height or greater shall incorporate a base, a middle, and a top. The base should contain the greatest amount of architectural detail, the middle should have relatively fewer details and forms, and the top should have a cornice or other distinctive form.

c. Building Design Details. Use of architectural details and high-quality materials upgrade the visual attractiveness of new development both close up and at a distance. Decorative elements should be suitably scaled and related to the building concept. The following guidelines shall apply:

(1) High-quality compatible building materials shall be used. Use of metal plastic, plywood, sheet wood products or fiberglass as an exterior siding material is discouraged.

(2) If metal siding is permitted, the building design should include visible window and door trim painted or finished in a complementary color, corner and edge trim that cover exposed edges of the metal panels, accent bands to provide visual relief to the wall plane, and significant trim elements (Such as wainscoting or corner quoins) of natural materials such as brick, stone, or wood.

(3) If concrete blocks, such as concrete masonry units or “cinder blocks”, are used for walls, the block construction shall be architecturally treated in one or more of the following ways:

(a) Textured blocks with surfaces such as split face or grooved.

(b) Colored mortar and use of several colors of block.

(c) Other masonry types such as brick, glass block or tile in conjunction with concrete blocks.

(4) The following materials are prohibited in locations visible from a public street or residential zone.

(a) Mirrored, darkly tinted, or reflective glass on the ground floor.

(b) Corrugated fiberglass or metal.

(c) Chain-link fencing without a colored coating of plastic, vinyl or a decorative finish other than paint, except for a temporary purpose such as a construction site.

(5) Roof mounted service equipment shall be screened from view. Screening used should ensure that the roofscape is an integral part of the design concept with respect to form, materials and color. Special attention shall be given in those areas where the roofs can be seen from adjacent roadways.

3. Landscape Design. The intent of this section is to encourage landscape design that will enhance the pedestrian environment and complement building and site design using plant species that are of low maintenance, resistant to drought and otherwise appropriate for conditions within the zoning district. Landscaping must comply with the specific requirements of LMC 18A.50.400.

a. Landscape Components. Landscape plans for commercial development should provide for:

(1) Streetscape landscaping. This includes the landscaping integrated with streetscape improvements including street trees, “splash strips” between the curb and sidewalk, and landscape areas around pedestal signs.

(2) Perimeter landscaping. This includes landscape strips required around the perimeter of the commercial property.

(3) Building base landscaping. Landscaping around the base of a commercial building to soften the building elevation, provide a visual base to the building, and to provide shade to address solar gain issues.

(4) Parking lot landscaping. Landscaping to provide visual relief and shade to parking areas. This includes landscape islands and other landscaping within parking areas.

(5) Screen landscaping. Special landscaped areas to visually screen loading areas, activity areas, garbage collection areas, etc.

b. Landscape Design Objectives. The applicant should consider the following design objectives when creating a landscape plan for commercial projects:

(1) Landscaping should be used to beautify the project site and provide a more inviting and attractive environment for potential customers. Healthy and well-kept landscaping projects an image of well-being, permanence, commitment to the community, and a sense of place.

(2) Significant trees shall be retained within the landscape buffer perimeter around the site, pursuant to LMC 18A.50.320(B)(1), Tree Preservation. Significant trees shall be retained and incorporated into the landscaping and open space areas on the site, whenever possible.

(3) All walkways should be integrated with the landscape plan. Landscaping shall provide adequate sight distances and visibility for vehicles and pedestrians.

(4) Highlight significant site features and define the function of the site, including parking, circulation, entries, open space, and activity areas.

(5) Highlight principal entrances to sites with seasonal plantings arranged in a gateway effect. Consider containers planted with seasonal flowers. Use landscaping to accentuate signage.

(6) Use building foundation plantings to provide visual softening of those portions of the building visible to the public, and a transition between the vertical planes of structures and the horizontal planes of the site.

(7) Landscaping shall generally be located on the outside of any fencing that is otherwise provided so that the public view of the fence is softened by the landscaping.

(8) Landscape patterns and themes should be used to unify different areas within a single or multi-tenant project site.

(9) All areas not covered by buildings should be paved or landscaped, including areas of the road right-of-way between the property line and the traveled roadway. Gravel is only permitted where it is shown to be the most appropriate surface material for the proposed use of an area.

4. Site Furnishings. Incorporate outdoor furniture, fixtures, and streetscape elements into the site design that enhances and complements the commercial functions of the site. Miscellaneous structures and street furniture should be designed to be part of the architectural design and landscape. The following guidelines shall apply:

a. Utilize lighting, free standing signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, or other outdoor furniture or streetscape fixtures in the site design to create and define public spaces.

b. Utilize high-quality, durable and easily maintained materials in site furnishings and features that discourage defacement. Furnishings that are easily removed or do not portray an image of care invite vandalism and misuse.

c. Use safety materials, such as non-slip walkway surfaces.

d. Locate site furnishings to maximize visual surveillance of the area by residents, pedestrians and passing vehicles to minimize covert activities in the space and lessen risks to public safety.

5. Lighting. Provide adequate lighting levels in commercial areas for safety and to project a feeling of activity at night. Special attention should be given to building entries, along walkways, parking areas, and other public areas. Provide a lighting plan that demonstrates compliance with the following principles:

a. Provide an overlapping pattern of light and lighting levels designed to allow pedestrians to identify a face fifteen (15) yards away, generally at least three (3) footcandles. Adequate lighting reduces anonymity and gives pedestrians an opportunity to choose another route.

b. Lighting standards along pedestrian pathways and in other pedestrian areas shall not exceed fifteen (15) feet in height and shall be spaced no greater distance than two (2) times the height of the lighting standards used. Lighting poles and standards in parking lots and in other areas may be up to twenty-five (25) feet in height, provided that all other lighting requirements are met. High pressure sodium lights are preferred for general outdoor lighting purposes in the City.

c. Provide lighting at consistent lumens with a gradual transition to unlighted areas. Avoid highly contrasting pools of light and dark that can be temporarily blinding.

d. Floodlighting of building elevations is encouraged, particularly to emphasize buildings with strong architectural form. Building lights should be ground mounted within landscaped settings, or mounted on the building itself. Colored and/or decorative lighting is encouraged to accentuate architectural and commercial themes.

e. Provide adequate lighting at all building entrances, exits and corridors between buildings, generally at least three (3) footcandles during active use, especially where doors are recessed. Appropriate lighting levels shall be provided in all loading, disposal, storage, and circulation areas.

f. Confine site lighting to the project site. Use shields or other methods to eliminate glare on adjacent properties or towards the sky.

g. Place light posts and standards so that they do not create hazards for pedestrians or vehicles.

h. Indicate specific lighting levels in each lighted area.

B. Industrial Uses and Zones. These standards are intended to create an attractive and functional environment for industrial uses, improve vehicular circulation and upgrade the city’s visual appearance in industrial areas.

1. Site Design Objectives. Industrial development shall present a neat and orderly facade to the street with appropriate and potentially separate provisions for pedestrian, visitor and passenger automobile traffic. Truck and service vehicle traffic shall be directed away from pedestrian and passenger automobile traffic to an area screened from the general public. Operational and storage components of the use shall also be screened from the general public.

a. Streets in industrial zones should provide pedestrian-oriented amenities, but primarily accommodate vehicular access to businesses. Street frontage improvements should be designed to specifically provide for large trucks and service vehicles.

b. Facility frontages should be developed to improve the visual image of the industrial areas of the City. Landscaping and streetscape improvements should be constructed so as to provide a pleasing visual presentation, identify the general boundaries of the property and direct different types of traffic onto the site. Streetscape plantings should allow for sightlines to view the main facade of the building while screening parking areas and loading areas.

c. Storage, fleet parking and operational activities on the site should be screened from the public right-of-way by the building if possible. Such areas should otherwise be screened from the right-of-way and other properties by fencing and landscaping.

d. Access driveways at property lines should be separated from the interior side lot line by a minimum 5-foot wide landscape buffer. If a larger planter strip is required by another section of this code, then the larger planter width shall be required.

e. Service and loading areas shall be designed in accordance with the general criteria outlined in LMC 18A.50.241(B)

f. Weather protection for pedestrians shall be provided as outlined in LMC 18A.50.241(C).

g. Blank walls shall be treated as described in LMC 18A.50.241(D)

2. Building Design. The intent of this section is to encourage building design that is appropriate to the site and that becomes a positive element in the architectural composition of the city.

a. Architectural Consistency. Individual buildings should have a distinct corporate identity and quality architectural appearance. Both office portions and industrial plants should be unified by the architectural treatment. Where this is not possible, the office portion should be designed as an architectural focal point with a neutral background of industrial architecture. An effort should be made to provide architectural and site design elements that help the building or development relate to broader architectural themes and design elements of the surrounding area and the City in general. Adjacent structures that are not in conformance with the Land Use and Development Code should be considered to be transitional.

b. Architectural Scale. Large buildings should provide design elements to reduce the appearance of bulk. Specific requirements for large building articulation are contained in Section 18A.50.241(A).

c. Building Design Details. Use of architectural details and high-quality materials upgrade the visual attractiveness of new development both at close range and at a distance. Decorative elements may be quite simple provided they are suitably scaled and related to the building concept. The following guidelines shall apply:

(1) High-quality compatible building materials shall be used. Use of metal, plastic, plywood, sheet wood products or fiberglass as an exterior siding material is discouraged.

(2) If metal siding is permitted, the building design should include visible window and door trim painted or finished in a complementary color, corner and edge trim that cover exposed edges of the metal panels, and accent bands to provide visual relief to the wall plane.

(3) If concrete blocks, such as concrete masonry units or “cinder blocks”, are used for walls, the block construction shall be architecturally treated in one or more of the following ways:

(a) Textured blocks with surfaces such as split face or grooved.

(b) Colored mortar and use of several colors of block.

(c) Other masonry types such as brick, glass block or tile in conjunction with concrete blocks.

(4) The following materials are prohibited in locations visible from a public street or residential zone.

(a) Mirrored, darkly tinted, or reflective glass on the ground floor.

(b) Corrugated fiberglass or metal.

(c) Chain-link fencing without a colored coating of plastic, vinyl or a decorative finish other than paint, except for a temporary purpose such as a construction site.

(5) Roof mounted service equipment shall be screened from view. Screening used should ensure that the roofscape is an integral part of the design concept with respect to form, materials and color. Special attention should be given in those areas where the roofs can be seen from adjacent roadways.

3. Landscape Design. The intent of this section is to encourage landscape design that will provide for a positive visual image to the public and screen operational activities from public view. Industrial facilities should utilize plant species that are low maintenance, resistant to drought and otherwise appropriate for conditions within the zoning district. Landscaping must comply with the specific requirements of Section 18A.50.400.

a. Landscape Components. Landscape plans for industrial development should provide for:

(1) Streetscape landscaping. This includes the landscaping integrated with streetscape improvements including street trees, “splash strips” between the curb and sidewalk, and landscape areas around pedestal signs.

(2) Perimeter landscaping. This includes landscape strips required around the perimeter of the industrial property. This landscaping should provide an effective visual screen where appropriate to block views of storage, loading, fleet parking and operational activities.

(3) Building base landscaping. Landscaping around the base of the public facade to soften the building elevation, provide a visual base to the building, and to provide shade to address solar gain issues.

(4) Parking lot landscaping. Landscaping to provide visual relief and shade to parking areas. This includes landscape islands and other landscaping within parking areas.

(5) Landscape Screening. Special landscaped areas to visually screen loading areas, activity areas, garbage collection areas, etc. Landscape screening elements are particularly important for industrial projects.

b. Landscape Design Objectives. The applicant should consider the following design objectives when creating a landscape plan for industrial projects:

(1) Landscaping should be used to beautify the project site and provide a more inviting and attractive environment for employees and customers. Healthy and well-kept landscaping projects an image of well-being, permanence, commitment to the community, and a sense of place.

(2) Significant trees shall be retained within the landscape buffer perimeter around the site, pursuant to LMC 18A.50.320(B)(1), Tree Preservation. Significant trees shall be retained and incorporated into the landscaping and open space areas on the site, whenever possible.

(3) Landscaping shall provide adequate sight distances and visibility for vehicles and pedestrians.

(4) Highlight significant site features and define the function of the site, including parking, circulation, entries, open space, and activity areas.

(5) Highlight principal entrances to sites with seasonal plantings arranged in a gateway effect. Consider containers planted with seasonal flowers. Use landscaping to accentuate signage.

(6) Use building foundation plantings to provide visual softening of those portions of buildings visible to the public.

(7) Landscape screening is required to block industrial activities, storage areas, fleet parking areas and other unsightly elements from public view. Landscape screening should be both tall enough and robust enough to effectively block visual access to these areas of the site.

(8) Landscaping shall generally be located on the outside of any fencing that is otherwise provided so that the public view of the fence is softened by the landscaping.

(9) Landscape patterns and themes should be used to unify different areas within a single or multi-tenant project site.

(10) All areas not covered by buildings should be paved or landscaped, including areas of the road right-of-way between the property line and the traveled roadway. Gravel is only permitted where it is shown to be the most appropriate surface material for the proposed use of an area.

4. Lighting. Provide adequate lighting levels in industrial areas for safety and security. Special attention should be given to building entries, along walkways, parking areas, and other public areas. Provide a lighting plan with:

a. An overlapping pattern of light and lighting levels should be provided in parking lots and other public areas to allow pedestrians to identify a face fifteen (15) yards away, generally at least three (3) footcandles. Lighting standards in such areas should not exceed fifteen (15) feet in height and shall be spaced no greater distance than two (2) times the height of the lighting standards used. Adequate lighting reduces anonymity and gives pedestrians an opportunity to choose another route.

b. Lighting poles and standards in loading and operational areas may be up to thirty-five (35) feet in height, provided that all other lighting requirements are met. Shielded downlighting shall be used to prevent light trespass onto other properties. High-pressure sodium lights are preferred for general lighting purposes in the City.

c. Lighting at consistent lumens with a gradual transition to unlighted areas. Highly contrasting pools of light and dark can be temporarily blinding and should be avoided.

d. Floodlighting of building elevations to emphasize buildings with strong architectural form is encouraged. Building lights should be ground mounted within landscaped settings, or mounted on the building itself.

e. Adequate lighting at all building entrances, exits and corridors between buildings, generally at least three (3) footcandles during active use, especially where doors are recessed. Appropriate lighting levels shall be provided in all loading, disposal, storage, and circulation areas.

f. Place light posts and standards so that they do not create hazards for vehicles.

C. Multi-Family Residential Uses and Zones. These standards are intended to create an attractive and enjoyable environment for multi-family residential uses, improve vehicular circulation and upgrade the city’s visual appearance in high-density residential areas.

1. Required Site Design and Building Design Elements. These standards are in addition to other development standards applicable under this chapter or other chapters of the Lakewood Municipal Code.

a. Significant trees shall be retained within the landscape buffer perimeter around the site, pursuant to LMC 18A.50.320(B)(1), Tree Preservation. Significant trees shall be retained and incorporated into the landscaping and open space areas on the site, whenever possible.

b. Buildings shall be designed to have a distinct “base,” “middle,” and “top.” The base, typically the first floor, shall contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection by comparison may be simple. Single-story buildings have no middle, but do have a base and a top. The top shall avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced roof lines, etc. Rooflines shall be varied on individual buildings and among buildings in a multifamily residential complex.

c. The longest dimension of any building shall not exceed one hundred sixty (160) feet. Buildings on the same site may be connected by covered pedestrian walkways.

d. Horizontal building modulation. The stepping back or projecting forward of portions of a building facade within specified intervals of a building width and depth lessens the apparent bulk of the exterior wall of the structure. Multifamily residential buildings shall meet the following design standards:

(1) The maximum width, as measured horizontally along the building exterior, without building modulation shall be fifty (50) feet.

(2) The facade modulation shall have a minimum depth of ten (10) feet and a minimum width of ten (10) feet.

(3) Balconies may be considered to contribute to building modulation if each individual balcony has a floor area of one hundred (100) square feet and a projection of at least five (5) feet from the building wall.

(4) Alternative methods to shape a building such as angled or curved facade elements, offset planes, wing walls and terracing, will be considered, provided the intent of this section is met.

(5) Enhance building articulation with a change in materials or colors with each change in building plane. Emphasize trim details with compatible contrasting colors.

e. Modulated roof line. The rooflines shall be modulated according to the following standards:

(1) Provide gable, hipped or shed roofs with a slope of at least three (3) feet vertical to twelve (12) feet horizontal. Change the roofline by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval.

(2) Other roof forms such as arched, vaulted, dormer or saw-toothed may satisfy this regulation if the individual segments of the roof without a change in slope or discontinuity are less than sixty (60) feet in width.

(3) For existing flat roofs or facades with a horizontal eave, fascia, or parapet, change the roofline so that no unmodulated segment of roof exceeds sixty (60) feet, measured horizontally.

f. Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows instead of strip windows, offsets and cascading or stepped roof forms shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim. Use design elements in the following manner to accent building articulation, providing the interval does not exceed sixty (60) feet:

(1) Repeat distinctive window patterns at intervals less than or equal to the articulation interval.

(2) Provide a porch, patio, deck, or covered entry for each interval.

(3) Provide a balcony or bay window for each interval.

(4) Provide a lighting fixture, trellis, tree or other landscape feature within each interval.

g. Dwelling units on the ground floor level shall have private outdoor spaces adjacent to them to allow those exterior portions of the site to be controlled by individual households.

h. Buildings in the development should be oriented to provide for privacy of residents.

i. Dwelling units should be constructed so that windows are not located at ground level, below grade in window wells or below adjacent sidewalks, stairways, landscape areas or parking areas.

j. Lighting fixtures should not exceed fifteen (15) feet in height and shall include luminaire shields.

k. Provide substantial landscaping and/or pedestrian oriented open spaces near building entrances and along the building facade. Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas should be located and designed so windows overlook them.

l. All new buildings, including accessory buildings, such as carports and garages shall have a roof pitch ranging from at least three (3) feet vertical to twelve (12) feet horizontal.

m. The site plan should accommodate vehicular access and parking in a manner which is convenient, yet does not allow the automobile to dominate the site.

n. Carports and garages in front yards are discouraged. Parking areas should be beside or behind buildings that front upon streets. Subterranean parking is encouraged. Parking lots should be broken up into rows containing no more than sixteen (16) adjacent stalls, separated by planting areas and pedestrian walkways. If parking is located along a right-of way, a landscaped berm at least three (3) feet higher than the finished grade of the parking lot shall be located between the parking lot and the right-of-way.

o. Provide an open space network that is accessible to all units and that will accommodate a wide variety of activities, public and private, in the following manner:

(1) Provide at least thirty (30) square feet per unit of common open space in addition to individual balconies or patios and that area required by landscaping, recreation, building setbacks, critical area buffers and other code requirements.

(2) Common open space shall be an open air area intended for use by all residents, guests, employees or patrons of a site and may include lawns, gardens, squares, plazas, courtyards, terraces, barbecue and picnic areas, games court or multi-use recreational areas, and other types of built space. Common open space shall meet the following standards:

(a) Linear dimensions of no less than twenty (20) feet.

(b) No more than thirty (30) percent of the area covered by a structure.

(c) Provide ample exposure to natural sunlight and fresh air.

(d) Provide direct pedestrian connection to other parts of the site.

(e) May include multi-use stormwater detention facilities, if the Community Development Director determines that the facilities are designed to function as common open space by providing an enhanced nature or visually aesthetic design.

(3) Ensure that the open space network provides privacy for the residents while allowing for security and surveillance from residential units. Common recreational spaces shall be located and arranged to allow windows to overlook them.

(4) Provide adequate lighting in the open space network, but place and shield lighting so that it does not glare into housing units.

(5) Provide landscaping that defines the open space and provides shade and wind protection where needed but permits surveillance from units and roads.

(6) Design the residential open space network with specific uses in mind. In each multifamily residential or combined uses buildings, private open space shall be provided in addition to common open space areas.

(a) Private open space shall be a partially or fully screened or enclosed open-air area that is strictly intended for use by the residents of the dwelling unit.

(b) Private open space may include yards, gardens, patios, courtyards, porches, balconies, terraces, rooftop gardens, decks or verandahs. Private open space shall not have a dimension less than six (6) feet in length.

p. Provide one (1) or more furnished play areas for children. Provide a minimum of two hundred (200) square feet or fifty (50) square feet per unit, whichever is greater. Game courts, bike tracks and other recreational facilities may be included as play areas, provided that at least one (1) play area for children ages seven (7) and under has been provided. “Adult only” housing that prohibits children as residents is exempt from providing a children’s play area but shall provide equal area for recreational uses appropriate to the age of residents.

2. Site Design Objectives.

a. Streets in multi-family residential areas should be strongly pedestrian-oriented, with effective transitions onto the private sidewalk systems of individual properties.

b. For multifamily residential complexes, no residential building over six (6) units in size may be located within fifty (50) feet of the property line abutting single-family residential development in a single family residential zone. Buildings containing the rental office, recreation and sports facilities and other community facilities may be located within this setback. Landscaped yards shall be provided between building(s) and public street(s).

c. Individual properties should provide private open space areas in accordance with the requirements of this section. Private open space for individual units should orient towards pedestrian routes to provide opportunities for casual surveillance by residents.

d. Natural amenities such as views, significant or unique trees, creeks, riparian corridors, and similar features unique to the site shall be preserved and incorporated into the design. Natural topography shall be emphasized, rather than obscured or eliminated. Multi-family residential projects should take advantage of unique opportunities to incorporate natural assets into project designs.

e. Pedestrian-oriented spaces, amenities and corridors should be incorporated in the overall site design. Pedestrian areas should be easily accessible, clearly visible and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure.

f. Residential amenities (such as swimming pools, clubhouses, sports courts, etc.) should be integrated into the architectural concept of the design.

g. Garbage collection areas should be conveniently located, and located in enclosures constructed of durable materials, preferably concrete block walls and metal gates. Appropriate landscaping shall be installed around collection areas.

h. Internal vehicular circulation routes should be designed to easily accommodate large vehicles such as moving vans and emergency/service vehicles. Separate but integrated pedestrian routes shall be provided. Vehicular entrances onto the property should be controlled to the greatest extent possible. Efficient loading areas for school buses must be provided.

3. Building Design. The intent of this section is to encourage residential building design that is appropriate to the site and that becomes a positive element in the architectural composition of the city. Multi-family residential designs should focus on providing high quality residential environments. Separate complexes should develop their own “sense of place”, while providing linkages with other developments.

a. Architectural Consistency. Buildings should be of appropriate height, scale, and design to be compatible with existing permanent neighboring developments that are consistent with the Land Use and Development Code. Individual buildings should have a distinct identity and quality architectural appearance. Complexes consisting of multiple buildings should be unified by the architectural treatment. The management office should be located in a logical and easily identified location. An effort should be made to provide architectural and site design elements that help the building or development relate to broader architectural themes and design elements of the surrounding area and the City in general. Adjacent structures that are not in conformance with the Comprehensive Plan should be considered to be transitional.

b. Architectural Scale. Large buildings must provide design elements to reduce the appearance of bulk. Building massing should respect the pattern and rhythm of the existing streetscape. Specific requirements for building articulation in multi-family residential developments are contained in LMC 18A.50.231(C)(1)

4. Landscape Design. The intent of this section is to encourage landscape design that will enhance the pedestrian environment and complement building and site design using plant species that are low maintenance, resistant to drought and which enhance the residential quality of the development. Landscaping must comply with the specific requirements of LMC 18A.50.400.

a. Landscape Components. Landscape plans for multi-family residential development should provide for:

(1) Streetscape landscaping. This includes the landscaping integrated with streetscape improvements including street trees, “splash strips” between the curb and sidewalk, and landscape areas around pedestal signs.

(2) Perimeter landscaping. This includes landscape strips required around the perimeter of the property.

(3) Building base landscaping. Landscaping around the base of the building(s) to soften the building elevation, provide a visual base to the building, and to provide shade to address solar gain issues.

(4) Residential open space, both common and private. Garden areas, active use areas and other landscape amenities are encouraged.

(5) Parking lot landscaping. Landscaping to provide visual relief and shade to parking areas. This includes landscape islands and other landscaping within parking areas.

(6) Screen landscaping. Special landscaped areas to visually screen loading areas, activity areas, garbage collection areas, etc.

b. Landscape Design Objectives. The applicant should consider the following design objectives when creating a landscape plan for multi-family residential projects:

(1) Landscaping should be used to beautify the project site and provide a more inviting and attractive environment for residents. Healthy and well-kept landscaping projects an image of well-being, permanence, commitment to the community, and a sense of place.

(2) Highlight significant site features and define the function of the site, including parking, circulation, entries, open space, and activity areas.

(3) Landscaping shall provide adequate sight distances and visibility for vehicles and pedestrians.

(4) Highlight principal entrances to sites with seasonal plantings arranged in a gateway effect. Consider containers planted with seasonal flowers. Use landscaping to accentuate signage.

(5) Use building foundation plantings to provide a transition between the vertical planes of structures and the horizontal planes of the site.

(6) Use landscaping to improve the residential experience on the site. Use landscaping to screen unsightly views, provide shade, provide privacy, and provide color and fragrance.

5. Site Furnishings. Incorporate outdoor furniture, fixtures, and streetscape elements into the site design that enhances and complements the residential functions of the site. Miscellaneous structures and street furniture should be designed to be part of the architectural design and landscape. The following guidelines shall apply:

a. Lighting, free standing signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, or other outdoor furniture or streetscape fixtures should be utilized in the site design to create and define public spaces.

b. Utilize high-quality, durable and easily maintained materials in site furnishings and features that discourage defacement. Furnishings that are easily removed or do not portray an image of care invite vandalism and misuse.

c. Use safety materials, such as non-slip walkway surfaces.

d. Locate site furnishings to maximize visual surveillance of the area by residents, pedestrians and passing vehicles to minimize covert activities in the space and lessen risks to public safety.

6. Lighting levels. Provide adequate lighting levels in multi-family residential areas for safety and security, to provide for activity at night. Special attention should be given to building entries, along walkways, parking areas, and other public areas. Provide a lighting plan with:

a. An overlapping pattern of light and lighting levels designed to allow pedestrians to identify a face fifteen (15) yards away, generally at least three (3) footcandles. Adequate lighting reduces anonymity and gives pedestrians an opportunity to choose another route.

b. Lighting standards along pedestrian pathways and in other pedestrian areas shall not exceed fifteen (15) feet in height and shall be spaced no greater distance than two (2) times the height of the lighting standards used. Lighting poles and standards in parking lots and in other areas may be up to twenty (20) feet in height, provided that all other lighting requirements are met. Lighting should be provided at consistent lumens with a gradual transition to unlighted areas. Highly contrasting pools of light and dark can be temporarily blinding and should be avoided.

c. Floodlighting of building elevations is encouraged, particularly to emphasize buildings with strong architectural form. Building lights should be ground mounted within landscaped settings, or mounted on the building itself. Colored and/or decorative lighting is encouraged to accentuate architectural and residential themes.

d. Adequate lighting at all building entrances, exits and corridors between buildings, generally at least three (3) footcandles during active use, especially where doors are recessed. Appropriate lighting levels shall be provided in all loading, disposal, storage, and circulation areas.

e. Confine site lighting to the project site. Use shields or other methods to eliminate glare on adjacent properties or towards the sky.

f. Place light posts and standards so that they do not create hazards for pedestrians or vehicles.

g. Indicate specific lighting levels in each lighted area.

D. Public Uses and Zones. Any proposed public and semi-public uses in the PI zoning district are subject to the requirement for an administrative or conditional use permit. (See Section 18A.30.830, Permitted Uses in the PI Zoning District). Development standards for these uses are deliberately flexible. (See Section 18A.30.840, Development Standards in the PI Zoning District). In the consideration of any proposed public or institutional use in the PI or other zoning district, the Community Development Director or Hearing Examiner shall consider and apply the general standards of this chapter as applicable. Specific concepts identified for commercial, industrial, and multi-family residential uses may be applied if found to be pertinent to a particular public use. (Ord. 277 § 1 (part), 2002.)

18A.50.240Special Uses Development Standards. (Repealed)

(Repealed Ord. 277 § 1 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.50.241General and Special Uses Design Standards.

The standards of this section apply generally to development in all zoning districts.

A. Large Buildings. New buildings three (3) or more stories in height or over eight thousand (8,000) feet of gross floor area shall provide at least two (2) of the following features on those facades visible from public rights-of-way:

1. Upper story setback. To reduce the perception of bulk, one (1) or more upper stories shall be set back from the ground floor at least ten (10) feet.

2. Horizontal building modulation. The stepping back or projecting forward of portions of a building facade within specified intervals of a building width and depth lessens the apparent bulk of the exterior wall of the structure. Buildings within four hundred (400) feet of a public right-of-way or park and visible from that right-of-way or park shall meet the following design standards:

a. The maximum width, as measured horizontally along the building exterior, without building modulation shall be one hundred (100) feet for commercial buildings.

b. The facade modulation shall have a minimum depth of ten (10) feet and a minimum width of twenty (20) feet.

c. Balconies may be considered to contribute to building modulation if each individual balcony has a floor area of one hundred (100) square feet and a projection of at least five (5) feet from the building wall.

d. Alternative methods to shape a building such as angled or curved facade elements, offset planes, wing walls and terracing, will be considered, provided the intent of this section is met.

e. Enhance building articulation with a change in materials or colors with each change in building plane. Emphasize trim details with compatible contrasting colors.

f. Canopies or arcades may be used along a facade as modulation only if the facade is visible from a right-of-way and the length of the canopy or arcade is at least fifty (50) percent of the length of the facade on which it will be located.

3. Modulated roofline. Rooflines shall be modulated by one (1) or more of the following standards:

a. Provide gable, hipped or shed roofs with a slope of at least three (3) feet vertical to twelve (12) feet horizontal. Change the roofline by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval.

b. Other roof forms such as arched, vaulted, dormer or saw-toothed may satisfy this regulation if the individual segments of the roof without a change in slope or discontinuity are less than one hundred (100) feet in width.

c. For flat roofs or facades with a horizontal eave, fascia, or parapet, change the roofline so that no unmodulated segment of roof exceeds one hundred (100) feet, measured horizontally for commercial buildings.

4. Building articulation with design elements such as the following, providing the interval does not exceed sixty (60) feet:

a. Repeat distinctive window patterns at intervals equal to the articulation interval.

b. Provide a porch, patio, deck, or covered entry for each interval.

c. Provide a balcony or bay window for each interval.

d. Change the roofline by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval.

e. Change materials or colors with a change in building plane.

f. Provide a lighting fixture, trellis, tree or other landscape feature within each interval.

g. Clustering of smaller uses and activities around entrances on street-facing facades.

h. Massing of substantial landscaping and/or pedestrian oriented open spaces along the building facade.

i. A pedestrian pass-through that would access the rear of the lot through buildings over two hundred (200) feet in length.

Other design methods proposed by the project applicant subject to approval by the City. The proposed methods must satisfy the intent of the design principles in this section.

B. Siting and Screening of Service and Parking Facilities. Minimize the impacts of incompatible uses, reduce the visibility of unsightly uses and create compatible edges between business and residential uses among adjacent properties by encouraging more thoughtful siting of trash containers, service areas, private utilities apparatus and parking facilities, while balancing the need for these service uses with the desire to screen negative impacts.

1. Locate incompatible uses and intrusive site elements away from neighboring properties to reduce conflicts with adjacent uses. Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners.

2. Landscape buffers or another form of screening shall be provided along property lines adjacent to incompatible uses. If changes in topography between the properties are sufficient to reduce impacts, then modification to some of the screening/buffer options may be allowed.

3. When visible from public streets or adjacent residential uses, chain link fencing may only be used if the chain link fencing posts, gates, couplings and fasteners are coated with a colored plastic, vinyl or decorative finish, other than paint. Barbed wire may be utilized on the top of a fence, for security purposes only. Concertina or razor wire shall not be used.

4. Integrate outdoor storage areas and loading facilities into the site design to reduce visual impact and obstruction of pedestrian and vehicular movement. Commercial services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities. Trash and recycling receptacles shall be located within enclosures and shall include covers to prevent odor and wind blown litter.

5. Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors.

6. Locate and/or screen utility meters, electrical conduit, and other public and private utilities equipment and apparatus, including transformers, fire standpipes and engineered retention ponds, except biofiltration swales, so as not to be visible from the street or adjacent properties. Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room. If site utilities must be located in a front yard, they shall be either underground or screened by walls and/or landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways.

7. Locate and/or screen roof-mounted mechanical equipment so that it blends with the architecture of the building and is not visible from the street or adjacent properties.

C. Pedestrian Weather Protection. Provide pedestrian weather protection on building entrances as follows:

1. At each primary building entry, provide weather protection in the form of an awning, canopy, marquee, building overhang or other feature that creates a covered pedestrian space that extends at least four (4) feet on either side of the entrance doors of the building and at least four (4) feet from the building wall.

2. Canopies or awnings should not extend higher than fifteen (15) feet above ground level or lower than eight and one-half (8 1/2) feet at the lowest point. Vertical height of the overhead clearance for the bottom of an awning should not be more than ten (10) feet.

3. The material and configuration of the pedestrian covering shall be reviewed by the City. Coverings with visible corrugated metal or corrugated fiberglass are not permitted. Fabric, plastic and rigid metal awnings are acceptable if they meet the applicable standards. All lettering and graphics on pedestrian coverings shall conform to the City’s sign regulations as set forth in LMC 18A.50.600.

D. Signage. Signage should be included as an integral element of the building and site design. Sign colors and design should relate and be complementary to the architecture of the building. Individual channel letters are generally preferred over cabinet-style signs. All signs must conform to the requirements of the City’s Sign Code.

E. Design Treatment of Blank Walls. Reduce the apparent size and visual impact of large plain walls through the use of various architectural and landscaping treatments.

1. All blank walls within one-hundred (100) feet and visible from a street right-of-way, park, or a residential use in a residential zone shall be treated in at least two (2) of the following methods:

a. Install a vertical trellis in front of the wall with climbing vines or similar plant materials.

b. Provide a planting bed at least five (5) feet wide or raised planter at least two (2) feet high and three (3) feet wide in front of the wall. Landscape with plant materials that obscure or screen at least fifty (50) percent of the wall surface within three (3) years.

c. Provide artwork such as mosaic, mural, decorative masonry, metal patterns or grillwork, sculpture, relief or other art, on at least fifty (50) percent of the blank wall surface.

d. Showcase, display, recessed windows.

e. Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, and awnings.

f. Material variations such as colors, brick or metal banding, or textural changes;

g. Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian activities.

h. Other methods subject to City approval of architectural plans and elevations of the proposed treatments.

F. Surface Parking and Parking Structure Facilities. Coordinate parking facilities to reduce visual and traffic impacts as follows:

1. In parking facilities, the preferred location for markings and signs for individual stalls is the pavement. Parking and vehicle circulation areas shall be clearly delineated using directional signage. Limit the height of free standing or wall mounted stall signs to three (3) feet above grade, except for handicap accessible parking signs, which shall be three (3) to five (5) feet in height. Limit parking lot entrance signs to one (1) per parking area entrance. The sign shall be no more than six (6) feet in height above grade, and shall have a surface area of no more than six (6) square feet per side.

2. Screen the storage of all moveable parking lot equipment, such as barrels, saw horses, etc. from the public right-of-way.

3. Driveways shall be located to be visible from the right-of-way but not impede pedestrian circulation on-site or to adjoining properties. Parking aisles without loop access are discouraged. Driveways should be shared with adjacent properties to minimize the number of driveways and curb cuts. Vehicular circulation between adjoining properties is encouraged.

4. Minimize the size and surface area of required parking lots by:

a. Encouraging the use of shared parking facilities whenever feasible.

b. Encouraging the inclusion of underground and/or rooftop parking facilities in multi-story buildings.

c. Encouraging the development and use of parking structures and facilities; and

d. Encouraging the use of transit and ride share programs whenever possible.

5. Design parking structures, including parking floors located within commercial buildings, as follows:

a. The bulk and mass of a parking structure as seen from the right-of-way should be minimized by placing its short dimension along the street edge. The parking structure shall include active uses at the ground level such as retail, offices or other commercial uses that occupy at least fifty (50) percent of the building's lineal frontage along the right-of-way.

b. Parking structures which are part of new development shall be architecturally consistent with exterior architectural elements of the primary structure, including roof lines, facade design, and finish materials.

c. Parking structures should incorporate methods of articulation and accessory elements, pursuant to LMC 18A.50.241(A) Large Buildings, and LMC 18A.50.231(A)(2). Commercial Building Design, for facades located above grade.

d. Buildings built over parking should not appear to “float” over the parking area, but should be linked with ground level uses or screening. Parking at grade under a building is discouraged unless the parking area is completely enclosed within the building or wholly screened with walls and/or landscaped berms.

e. Top deck lighting on multi-level parking structures shall be architecturally integrated with the building, and screened to control impacts to off-site uses.

f. Parking structures and vehicle entrances should be designed to minimize views of parked vehicles inside the structure from surrounding streets, without sacrificing public safety. Methods to help minimize such views may include, but are not limited to landscaping, planters, and decorative grilles and screens.

g. Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain link fencing is not permitted for garage security fencing.

h. A minimum of eight (8) foot wide strip of landscaping along the base of the facade pursuant to LMC 18A.50.425(A)(1)(a), Landscape Types, in those areas where ground level retail or other active uses are not located.

i. When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on fifty (50) percent of the ground floor facade fronting a right-of-way or pedestrian area.

j. Transparent glazing panels shall be utilized in the construction of all elevators and enclosed stairways. Elevators and stairways shall be sited so as to maximize the visual surveillance from the surrounding streets as well from within the parking structure.

k. The parking structure shall be designed and lighted in accordance with crime prevention concepts so that personal safety risks are minimized.

G. Public Safety. Provide surveillance opportunities from buildings and public streets to promote personal safety, discourage vandalism, and contribute to property security.

1. Avoid site design features that create entrapment areas such as long enclosed corridors and opaque fences in locations with pedestrian activity. Provide more than one (1) pedestrian access route to the sidewalk from a parking lot or other enclosed area.

2. Ensure that site and building designs provide lines of sight that allow building occupants and passersby to observe on-site activities. All buildings adjacent to the street should provide visual access from the street into activities within the building. Windows, balconies, and entries overlooking parking lots, pedestrian corridors and vehicular routes will allow for informal surveillance.

H. Drive-Through Facilities. These standards are intended to allow for drive-through facilities while reducing the negative impacts they may create. The specific purposes of these standards are to reduce noise, lighting, exhaust, and visual impacts on abutting uses, particularly residential uses; promote safer and more efficient on-site vehicular and pedestrian circulation; and minimize conflicts between queued vehicles and traffic on adjacent streets. These standards are in addition to other development standards applicable under this chapter or other chapters of the LMC and shall apply to not only new development but also the addition of drive-through facilities to existing developments and the relocation or redevelopment of existing drive-through facilities. Drive-through facilities are not a right; conditions such as size, configuration, or location of the site or existing structures may make it inappropriate to establish a drive-through on a specific property. If that is the case, a drive-through facility may be denied even if it is otherwise allowed in the zoning district.

1. Drive-through points of customer service and queuing lanes should not be located along facades of buildings that face a right-of-way. If a drive-through cannot be located on any other portion of the site, then it shall be visually screened from the street by landscaping and/or architectural element, or combination thereof, provided such elements reflect the primary building and provide appropriate screening.

2. Queuing lanes should be physically separated from the parking lot, sidewalk, and pedestrian areas by landscaping and curbing, an architectural element, or combination thereof, provided such elements reflect the primary building and provide appropriate separation.

3. Drive-through speakers or amplified music shall not be audible off-site.

4. Hours of operation may be limited as determined necessary by the City to achieve compatibility with surrounding land uses.

5. A bypass lane to escape the queuing lane is suggested for all drive-through facilities, especially high-volume facilities.

6. Queuing lanes shall provide space for at least three (3) vehicles awaiting service, which shall encompass a minimum distance of sixty (60) linear feet as measured from each point of customer service to the end of the lane. For uses having multiple drive-through service lanes, each lane shall provide this minimum.

7. Queuing lanes should be located so as to minimize interference with pedestrian circulation routes. Unless the use is a standalone drive-through whose primary orientation is to vehicles, primary pedestrian access to the business from the parking lot should not cross the queuing lane or drive-through ingress/egress.

8. Vehicular entrances and exits shall not be located so as to cause congestion on any public street or right-of-way. The queuing lane shall be situated so that any overflow shall not spill out onto public streets or major circulation routes of any parking lot. Drive-through uses shall not be approved with ingress or egress driveways within 300 feet of a signalized intersection operating with a Level of Service D, E, or F unless a traffic analysis acceptable to the Public Works Department demonstrates that vehicles entering or leaving the site will not impair the efficiency or operation of the intersection.

9. When located in a shopping center or other multiple tenant development, drive-through facilities shall provide sufficient queuing space to handle peak business demands and shall not in any way obstruct the normal circulation pattern of the shopping center.

I. Design Elements for Vendors. Stands for espresso, food, merchandise, and other outdoor vendors are subject to the following design standards:

1. The stand or cart shall be constructed of good quality, permanent materials. Tarps, bare plywood, cardboard, plastic sheeting, corrugated fiberglass or metal, or similar materials are not permitted.

2. The design, materials, and colors shall be compatible with existing features in the proposed location.

3. Awning quality shall be equal to that required for permanent buildings.

4. The size of the stand or cart shall be adequate for storage, trash containers, and other facilities. No outside storage is permitted.

5. Wiring and plumbing shall be hidden from view.

6. One (1) sign, maximum area six (6) square feet, two (2) sided, is permitted. Menus and price lists two (2) square feet and less, are not signs for the purpose of this guideline.

7. No music or drive-up speakers shall be audible off-site.

J. Transit Facilities. Provide residents and shoppers with convenient transit and pedestrian connections to work places, parks, schools and shopping by:

1. Encouraging the development of pedestrian-oriented retail and services uses in close proximity to transit facilities.

2. Encouraging the development of residential uses within walking distance of the Sound Transit commuter rail station.

3. Encouraging the development of multi-story combined uses buildings in the area around the Sound Transit commuter rail station.

4. Encouraging the connection of a variety of transit modes, such as rail, bus, park and ride, vanpool, bicycles and pedestrian, around the Sound Transit commuter rail station to create a transit hub for the City of Lakewood.

K. Development Adjacent to Highways. In new development and projects where there is an opportunity to address a property’s frontage on Interstate 5 or Highway 512, the following principles should be applied:

1. Development designs, including site design, architecture, and landscaping, should pay careful attention to the project’s presentation to the highway. Designs should strive to present a positive visual presentation to the highway through architectural design elements and building orientation which acknowledge the presence of the highway.

2. Signage should be sufficient for way-finding purposes, without being overly demanding of the viewer’s attention. The scale and design of signage should be comparable to other signs in the vicinity. Businesses shall not try to out-compete each other for visual attention.

3. To permit other businesses to have visual access to the highway, signage should be located within the first half of the highway frontage as encountered by oncoming highway traffic.

4. Landscaping should frame views of the site, accentuating positive visual focal points and screening unsightly or visually distracting elements. If visual access to the freeway is not critical, then landscaping shall be installed that provides visual continuity and effective screening of the site as seen from the highway.

5. Avoid the placement of service and utility areas toward the highway. Use the primary structure to screen such areas from the vision of oncoming traffic on the highway.

6. Outdoor display of merchandise should be focused toward a limited, specially designated and designed area of the site. Landscaping should frame the display area, screening other areas of the site and focusing the viewer’s attention to the display. Merchandise and equipment placed for display along the highway shall not exceed 20 feet in height.

7. Work with WSDOT to provide complementary landscaping within the highway right-of-way.

8. In order to establish visual continuity along the highway, fencing should be limited to vinyl coated galvanized chain link fencing for developments providing visual access to the highway, and grey colored split-face block walls for projects that do not require visual access. Fencing along the freeway shall be installed in accordance with design guidelines issued by the Washington State Department of Transportation. A coating to help allow clean-up of spray paint graffiti shall be applied to the face of the block wall.

L. Large-Scale Commercial Facilities. Large-Scale Commercial Facilities shall be designed in such a manner as to be adaptable for reuse/compartmentalization. The building design shall include specific elements that facilities the structure’s adaptation for multi-tenant reuse should the initial use cease. Such elements may include but are not limited to compartmentalized construction, including plumbing, electrical service, heating, ventilation, and air conditioning. The building design shall also allow for all of the following:

1. Division of the interior of the structure into separate tenancies. The design for interior division shall accommodate multiple potential tenancies, each no larger than fifty (50) percent of the size of the original structure.

2. Facades that readily adapt to multiple entrances without compromising the structural integrity of the building, and adapt to entrances on at least two sides of the building or, if the building is designed to have only one front façade, all potential tenancies shall be designed for access from the front façade.

3. Parking lot designs that are shared by establishments or that are linked by safe and functional driving and bicycle/pedestrian connections.

4. Landscaping schemes that complement a multiple entry redesign.

5. Design and placement of loading docks/bays to accommodate potential multiple tenancies.

6. Other elements of design which facilitate multi-tenant reuse of the building and site. (Ord. 567 § 4 (part), 2013; Ord. 525 § 11, 2010; Ord. 483 § 26, 2008; Ord. 397 § 14, 2005; Ord. 392 § 4, 2005; Ord. 277 § 1 (part), 2002.)

18A.50.250Administration. (Repealed)

(Repealed Ord. 277 § 1 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.50.251Administration.

Applications subject to community design guidelines shall be subject to the Design Review process pursuant to the procedures set forth in LMC 18A.10.400. Planning staff will inform the applicant which standards are applicable to the project to assist the applicant to meet the community design requirements. Each application shall demonstrate how the various building elements, such as walls, roofline, entries, modulation, and materials are organized into a functional and visually agreeable composition, and how the concept relates to site conditions and site design such as visibility, access, pedestrian circulation, and neighboring development. Design review will generally be conducted as a function of project permit review. During project permit review, the staff person will note which design standards have been satisfied and any requirements that have not yet been met. The Community Development Director shall have the authority to approve, modify, or deny proposals pursuant to a review under this process.

This chapter sets parameters for design, but is constructed to allow for design flexibility and innovative design solutions. Decisions under this chapter will consider proposals on the basis of individual merit and will encourage creative design alternatives in order to achieve the stated purpose and objectives of this chapter. Advisory guidelines may be used as a basis for the conditioning, modification, or denial of an application. Decisions under this chapter may be appealed using the appeal procedures of the administrative land-use process.

Exceptions to the Standards. The Community Development Director may permit a deviation from one (1) or more specific standards if it is determined that public benefit may be achieved by an alternative proposal. In addition, the Community Development Director may allow a development project to meet a lesser standard, if during redevelopment of an existing developed site, the Community Development Director, in consultation with the City Engineer, has determined that the specific standard(s) cannot be met due to the size or configuration of the parcel and makes findings that demonstrate that the public benefit associated with public safety and/or the community design standards that have been met by the project design exceeds the public benefit associated with those standards that will not be met by the proposed design. The alternative proposal shall be consistent with the purpose of this section, public safety practices and with the comprehensive plan goals and policies.

This chapter in no way should be construed to supersede or modify any other City codes or ordinances that apply to the proposal. To the extent that any provision of this chapter is inconsistent or conflicts with any other chapter or City ordinance, the more specific provision shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the City. (Ord. 307 § 23, 2003; Ord. 277 § 1 (part), 2002.)

18A.50.300Tree Preservation.
18A.50.305Purpose - Tree Preservation.

This section promotes tree preservation by protecting the treed environment of the city of Lakewood by regulating the removal of significant trees and providing incentives to preserve trees that, because of their size, species, or location, provide special benefits. Tree preservation protects and enhances critical areas, facilitates aquifer recharge, reduces erosion and storm water runoff, and helps to define public and private open spaces. (Ord. 264 § 1 (part), 2001.)

18A.50.310Applicability - Tree Preservation.

The requirements for tree preservation shall be provided in accordance with the development standards of each individual zoning district and the provisions of this section, and are applicable to all zoning districts. Lots of less than seventeen thousand (17,000) square feet in single family residential zones are exempt from this Chapter, except where specific tree preservation is required as a mitigation measure under SEPA. In the event a permit is not required for the establishment of a use, the standards of this section shall still apply. (Ord. 500 § 11, 2009; Ord. 264 § 1 (part), 2001.)

18A.50.320Significant Tree Preservation.

A. Standards. Significant tree preservation shall be required for any project permit.

1. A significant tree is an existing tree which:

a. When measured at four and one-half (4.5) feet above ground, has a minimum diameter of nine (9) inches for evergreen trees and deciduous trees;

b. When measured at four and one-half (4.5) feet above ground; has a minimum diameter of six (6) inches for Garry Oaks, also known as Oregon White Oaks, and,

c. Regardless of the tree diameter, is determined to be significant by the Community Development Director due to the uniqueness of the species or provision of important wildlife habitat.

2. For the purposes of this section, existing trees are measured by diameter at four and one-half (4.5) feet above ground level, which is the usual and customary forest standard. Replacement trees are measured by diameter at six (6) inches above ground level, which is the usual and customary nursery standard.

3. Damaged or Diseased Trees. Trees will not be considered “significant” if, following inspection and a written report by a registered landscape architect, certified nursery professional or certified arborist, and upon review of the report and concurrence by the City, they are determined to be:

a. Safety hazards due to root, trunk or primary limb failure;

b. Damaged or diseased, and do not constitute an important wildlife habitat. At the discretion of the City, damaged or diseased or standing dead trees may be retained and counted toward the significant tree requirement, if demonstrated that such trees will provide important wildlife habitat and are not classified as a safety hazard.

B. Preservation Criteria. All significant trees shall be preserved according to the following criteria:

1. Perimeter trees. All significant trees within twenty (20) feet of the lot perimeter or required buffer, which ever is greater, shall be preserved.

a. Except that significant trees may be removed if required for the siting and placement of driveway and road access, buildings, vision clearance areas, utilities, sidewalks or pedestrian walkways, or storm drainage facilities and other similar required improvements, subject to the discretion of the Community Development Director. This requirement shall not apply to single family residential lots less than 17,000 square feet in size, where no specific tree preservation is required.

2. Interior trees. A percentage of all significant trees within the interior of a lot, excluding the perimeter area, shall be preserved within the applicable zoning district.

a. For new single family residential development including a single family dwelling on an individual lot, multifamily residential development, and public/quasi-public institutional development, fifty (50) percent of the significant trees located within the interior area of the lot, shall be retained.

b. For new residential subdivisions where the proposed lot size is greater than 17,000 square feet, all significant trees shall be retained and preserved except those required to be removed in order to construct streets, utilities, or other on-site improvements. Tree retention shall thereafter be provided on a lot-by-lot basis as the individual lots are developed. For subdivisions where the proposed lots are less than 17,000 square feet, no specific tree preservation is required.

c. For commercial and industrial development, ten (10) percent of the significant trees located within the interior area of the lot, or individual lots in the case of subdivisions, shall be retained.

d. In Open Space and Recreation zones, ninety-five (95) percent of the significant trees located within the interior area of the lot shall be retained unless otherwise determined by the Community Development Director.

3. Buffers and Sensitive/Critical Areas. Tree preservation criteria listed above shall exclude sensitive/critical areas and their buffers, and open space areas and tracts. All trees within such areas shall be retained except as may be specifically approved and indicated in the written findings of a discretionary land use permit or a tree removal permit. See also LMC 18A.40.240 for tree removal standards within the Riparian Overlay.

4. SEPA Requirements. Additional or specific tree retention may be required as SEPA mitigation in addition to the requirements of this section.

C. Tree Retention Plan Required.

1. A significant tree retention plan shall be submitted to the Community Development Department for any project permit, except building permits that do not increase the footprint of a building. The plans shall be submitted according to the requirements of the application form provided by the Community Development Department.

2. The Community Development Director shall review and may approve, approve with modifications, or deny a tree retention plan subject to the provisions of this section.

3. A significant tree permit is required for the removal of any significant tree or street tree unless specifically exempted within this section.

D. Permit/Plan Requirements. Any project permit, except building permits that do not increase the footprint of a building shall identify, preserve, and replace significant trees in accordance with the following:

1. Submit a tree retention plan that consists of a tree survey that identifies the location, size and species of all significant trees on a site and any trees over three (3) inches in diameter at four and one half (4 1/2) feet above ground level that will be retained on the site.

a. The tree survey may be conducted by a method that locates individual significant trees, or

b. Where site conditions prohibit physical survey of the property, standard timber cruising methods may be used to reflect general locations, numbers and groupings of significant trees.

2. The tree retention plan shall also show the location, species, and dripline of each significant tree that is intended to qualify for retention credit, and identify the significant trees that are proposed to be retained, and those that are designated to be removed.

3. The applicant shall demonstrate on the tree retention plan those tree protection techniques intended to be utilized during land alteration and construction in order to provide for the continued healthy life of retained significant trees.

4. If tree retention and/or landscape plans are required, no clearing, grading or disturbance of vegetation shall be allowed on the site until approval of such plans by the City.

E. Construction Requirements.

1. An area free of disturbance, corresponding to the drip line of the significant tree’s canopy, shall be identified and protected during the construction stage with a temporary three (3) foot high chain-link or plastic net fence. No impervious surfaces, fill, excavation, storage of construction materials, or parking of vehicles shall be permitted within the area defined by such fencing.

2. At Community Development Director’s sole discretion, a protective tree well may be required to be constructed if the grade level within ten (10) feet of the dripline around the tree is to be raised or lowered. The inside diameter of the well shall be at least equal to the diameter of the tree spread dripline, plus at least five (5) feet of additional diameter.

3. The Community Development Director may approve use of alternate tree protection techniques if the trees will be protected to an equal or greater degree than by the techniques listed above. Alternative techniques must be approved by a registered landscape architect, certified nursery professional or certified arborist, with review and concurrence by the City.

4. If any significant tree that has been specifically designated to be retained in the tree preservation plan dies or is removed within five (5) years of the development of the site, then the significant tree shall be replaced pursuant to LMC 18A.50.320(G).

F. Significant Tree Removal for Non-Development Action. Where no project permit is proposed or is pending on a lot, a maximum of two (2) significant trees within the interior of the lot and which shall not constitute more than twenty (20) percent of the significant trees on the lot, may be removed within a single calendar year:

1. If a project permit is proposed or occurs on the lot within one (1) year of removal of a significant tree, the replacement requirements of LMC 18A.50.320(G) shall apply to the significant trees previously removed.

G. Replacement. When a significant tree subject to this section cannot be retained, the tree shall be replaced as a condition for the removal of the significant tree, in accordance with the following.

1. On-Site Replacement.

a. Significant trees shall be replaced at a ratio of two to one (2:1) of the total diameter inches of all replacement trees to the diameter inches of all the significant trees removed.

b. Replacement trees shall be a no smaller than three (3) inches in diameter at six (6) inches above ground;

c. Existing healthy trees anywhere on the site which are retained to support the remaining significant trees can be counted against the on-site replacement requirements on a one to one (1:1) basis of the total diameter inches of all replacement trees removed, provided it meets the following criteria:

(1) The tree does not present a safety hazard; and,

(2) The tree is between three (3) and nine (9) inches in diameter at four and one half (4.5) feet above ground.

2. Each significant tree that is located interior to the twenty (20) foot perimeter area, and which is in excess of the fifty (50) percent of significant trees that are required to be retained, may be credited towards replacement on a one and one-half to one (1.5:1) basis of the total diameter inches for any perimeter trees required to be removed for development, provided the interior tree is between nine (9) inches and twenty-four (24) inches in diameter for evergreen trees, or between nine (9) inches and thirty (30) inches in diameter for deciduous trees.

3. Each significant tree that is located interior to the twenty (20) foot perimeter area, and which is in excess of the fifty (50) percent of significant trees that are required to be retained, may be credited towards replacement on a two to one (2:1) basis of the total diameter inches for any perimeter trees required to be removed for development, provided it meets one of the following criteria:

a. The tree exceeds sixty (60) feet in height, or twenty-four (24) inches in diameter for evergreen trees, or thirty (30) inches in diameter for deciduous trees.

b. The tree is located in a grouping of at least five (5) other significant trees with canopies that touch or overlap.

c. The tree provides energy savings, through wind protection or summer shading, as a result of its location relative to buildings.

d. The tree belongs to a unique or unusual species.

e. The tree is located within twenty-five (25) feet of any critical area or required critical area buffers.

f. The tree is eighteen (18) inches in diameter or greater and is identified as providing valuable wildlife habitat.

4. Off-Site Replacement. When the required number of significant trees cannot be physically retained or replaced on site, the applicant may have the option of:

a. The planting of the required replacement trees at locations approved by the City throughout the city. Plantings shall be completed prior to completion of the project permit requiring tree replacement.

b. Payment in lieu of replacement may be made to the City Tree Fund for planting of trees in other areas of the city. The payment of an amount equivalent to the estimated cost of buying and planting the trees that would otherwise have been required to be planted on site, as determined by the City’s Tree Replacement Cost Schedule. Payment in lieu of planting trees on site shall be made at the time of the issuance of any building permit for the property or completion of the project permit requiring the tree replacement, whichever occurs first.

H. Trimming. Trimming of tree limbs and branches for purposes of vegetation management is permitted, provided the trimming does not cause the tree to be a safety hazard. (Ord. 500 § 12, 2009; Ord. 307 § 24, 2003; Ord. 264 § 1 (part), 2001.)

18A.50.400Landscaping.
18A.50.405Purpose - Landscaping.

This section establishes standards for landscaping, street trees and landscape maintenance for new development and uses. The use of landscaping, street trees, and the retention of existing vegetation by property owners reduces visual, noise and lighting impacts, and promotes compatibility between land uses while enhancing the visual appearance of the city. Landscaping protects and enhances critical areas, facilitates aquifer recharge, reduces erosion and stormwater runoff, and helps to define public and private open spaces. This section also encourages the protection and planting of vegetation native and common to the Puget Sound region while providing policies and standards for the preservation of natural vegetation and maintenance of landscaping within the city of Lakewood. (Ord. 264 § 1 (part), 2001.)

18A.50.410Applicability - Landscaping.

This section shall apply to all land development proposals including tree removal permits, discretionary land use permits, zoning certifications, subdivisions and building permits. Landscaping, landscape buffering, and tree preservation shall be provided in accordance with the requirements of individual zoning districts, specific use requirements, and the provisions of this chapter. In the event one of the above permits is not required for the establishment of a permanent use, the standards of this section shall still apply. The Community Development Department shall review and may approve, disapprove, or approve with modification all site/landscape plans for public and private projects where required. (Ord. 317 § 8 (part), 2003; Ord. 264 § 1 (part), 2001.)

18A.50.415Exceptions - Landscaping.

Exceptions to this section are allowed under the following circumstances:

A. Residential Properties. The landscaping and street tree provisions of this chapter shall not apply to lots which are, as of the effective date of this title, zoned for and used as a detached or an attached single-family dwelling use type, excluding zero lot line developments, provided that the zoning and/or use continues unchanged from its status as of said effective date.

B. Interior Tenant Improvement. The landscaping provisions of this section shall not apply to existing structures where interior tenant improvements, such as interior remodel or painting, occur and where there is no addition to the number of parking spaces provided.

C. Existing Structures. Where existing structures are situated so as to preclude installation of required landscaping, the Community Development Director, at his/her sole discretion may reduce the required landscaping for the area affected by such structures pursuant to 18A.50.415(E).

D. Physical Limitation of the Site. The Community Development Director may modify landscaping requirements for structure remodeling or tenant improvements when the development of the required landscaping improvement(s) is not, in the determination of the Community Development Director, feasible due to physical limitations of the site that are no fault of the applicant. Where landscaping requirements have been reduced, the landscaping shall be relocated in the following manner and order:

1. At the entry of the building.

2. To another lot line.

3. To an equal-sized area in another portion of the lot.

4. To an area, as determined by the Community Development Director upon review with the owner or developer.

5. The applicant shall post money into the City Street Tree Fund proportionate to the landscaping that cannot be relocated. The cost of the landscaping shall be based on a proportionate square foot cost of other areas on the lot that have been landscaped to a similar standard.

E. Parking for Existing Structures. Where compliance with the provisions of loading areas and off-street parking requirements for existing buildings or structures conflicts with the requirements of this section, the required landscaping and/or parking may be reduced, as determined by the Community Development Director, pursuant to 18A.50.415(F).

F. Landscaping Reduced. Where landscaping is reduced or waived in a specific location, equivalent landscaping shall be located elsewhere on the site in the following manner and order:

1. At the entry of the building.

2. To another lot line.

3. To an equal-sized area in another portion of the lot.

4. To an area, as determined by the Community Development Director upon review with the owner or developer.

5. The applicant shall post money into the City Street Tree Fund proportionate to the landscaping that cannot be relocated. The cost of the landscaping shall be based on a proportionate square foot cost of other areas on the lot that have been landscaped to a similar standard.

G. Jointly Developed Properties. If contiguous lots or driveways to such lots are developed jointly with like uses, a portion of the perimeter buffering required between the lots may be relocated to other areas of the site, at the discretion of the Community Development Director, provided that the remaining portion of the perimeter buffering area is landscaped in a pedestrian-friendly manner to the required standard.

H. Existing Vegetation. Where existing vegetation can provide the same level of screening as required by the landscaping requirements, the Community Development Director may grant a waiver to some or all of the standard requirements. In such case, the applicant shall be responsible for submitting to the Community Development Department, an alternate conceptual landscape plan, supporting photographs and a brief explanation as to how the alternate plan satisfies the intent of the landscape standard required. Supplemental plant material may be required to be installed within, or adjacent to, the natural landscape area to fully comply with the intent of the required landscape standards. (Ord. 264 § 1 (part), 2001.)

18A.50.420Landscaping Standards.

A. General Standards.

1. Where any structure is enlarged or expanded, then landscaping shall be provided for the area of said expansion or enlargement in accordance with LMC 18A.50.400, Landscaping. A change in use in an existing structure may require additional landscaping as set forth in this section.

2. If the development proposal is a structure remodel or exterior tenant improvement, and the parking area is not reconfigured or expanded, the following standards apply:

a. Perimeter landscaping and parking area landscaping may be required pursuant to 18A.50.200, Community Design.

b. Building and/or entry landscaping may be required pursuant to 18A.50.200, Community Design.

3. If the development proposal is a structure remodel or exterior tenant improvement, and the parking area is reconfigured or expanded, the following standards apply:

a. Perimeter landscaping is required pursuant to LMC 18A.50.425 and 18A.50.430, Landscaping Regulations by Zoning Districts.

b. Parking area landscaping is required pursuant to LMC 18A.50.425(A)(4), Landscaping Types.

c. Building and/or entry landscaping may be required pursuant to 18A.50.200, Community Design.

4. If the development proposal is for a new structure, the following standards shall apply:

a. Perimeter landscaping is required pursuant to LMC 18A.50.425 and 18A.50.430.

b. Parking area landscaping is required pursuant to LMC 18A.50.425(A)(4), Landscaping Types.

c. Building and/or entry landscaping may be required pursuant to 18A.50.200, Community Design.

5. All parking areas of over 20,000 square feet shall have a minimum of 10 percent of the total parking area, drive aisles, maneuvering area and loading space landscaped as a means to reduce the barren appearance of the lot and to reduce the amount of stormwater runoff. Required perimeter landscaping adjacent to property lines shall not be calculated as accounting for a portion of the 10 percent figure.

6. All ingress or egress driveways, internal circulation routes and easements which provide access corridors to the subject lot, and which are not adjacent to a public right-of-way, shall be landscaped to the same standard as a public right-of-way.

7. All outside storage areas shall be screened by fencing and landscaping a minimum of five feet in depth unless it is determined by development plan review that such screening is not necessary because stored materials are not visually obtrusive.

8. All trash containers shall be screened from abutting properties and streets by a 100 percent sight-obscuring fence or wall and appropriate landscaping.

9. Landscaping shall be placed outside of fences unless it is determined by the Community Development Department that such arrangement would be detrimental to the stated purpose of this chapter.

10. All portions of a lot not devoted to a building, future buildings, parking, storage or accessory uses shall be landscaped in a manner appropriate to the stated purpose of this chapter. Type III landscaping is the minimum landscaping required if no other landscaping standards apply.

11. All required landscaping areas shall extend to the curb line or the property line, whichever is greater.

12. All required landscaping areas shall be surrounded by concrete curbing and shall contain soil of sufficient quantity and quality to allow landscaping plantings to flourish. Landscaping areas shall not be placed on top of any impervious surface.

13. Required landscaping for those areas that are inappropriate to landscape due to the existence of rail lines or other features, shall be relocated in the following manner and order:

a. At the entry of the building.

b. To another lot line.

c. To an equal-sized area in another portion of the lot.

d. To an area as determined by the Community Development Director upon review with the owner or developer.

e. The applicant shall post money into the City Street Tree Fund proportionate to the landscaping that cannot be relocated. The cost of the landscaping shall be based on a proportionate square foot cost of other areas on the lot that have been landscaped to a similar standard.

14. The perimeter of parking lots that abut residential zones or uses shall be landscaped with Type I landscaping and a solid wood or equivalent fence. Substitute fencing may be allowed at the discretion of the Community Development Director to address public safety concerns. The term “adjacent residential property,” for purposes of this section, shall mean abutting property and lots immediately adjacent to abutting property.

15. Landscaping shall not conflict with the safety of those using adjacent sidewalks or with traffic safety.

16. The perimeter landscape strip of all property abutting Interstate 5 or abutting railroad right-of-way adjacent to Interstate 5 shall be increased to a minimum depth of 15 feet along the highway or railroad right-of-way frontage, unless a larger area is otherwise required by LMC 18A.50.425, Landscaping Types.

17. Quantity, arrangement and types of plants installed shall be appropriate to the size of the required landscape area and purpose of planting area described in LMC 18A.50.425, Landscaping Types.

18. Landscape plans shall include, where feasible, a diversity of native plant species which promote native wildlife habitat.

19. Landscaping buffers shall be required adjacent to any above ground stormwater facilities of no less than five feet in width.

20. Landscape areas adjacent to required biofiltration systems that do not exceed one to three (1:3) slope may be counted toward a portion of any required landscaping areas if they meet the following:

a. The configuration and plant species of landscape areas on a site shall be designed so as to not disrupt the functions of stormwater systems, and plant species and location are subject to approval of the City Engineer and Community Development Director.

21. Where the width of a required landscape strip exceeds the setback requirement for any structure subject to this section, the setback shall be increased to provide the full width of the landscape strip, except where otherwise permitted for commercial buildings under LMC 18A.50.200, Community Design.

22. Use of manmade nonvegetative material such as plastic or artificial plants or grass is prohibited as substitute for the required landscaping. Nonvegetative material is not a substitute for plant material. Nonporous weed barriers are prohibited in landscaped areas. Bark, mulch, rock or other nonvegetative material shall only be used in conjunction with landscaping to assist vegetative growth and maintenance or to visually complement plant material.

23. Required landscape areas shall be provided with adequate drainage.

24. All trees shall be double staked for the first two years.

25. Slopes shall not exceed a one to three (1:3) ratio (height to width from center), in order to decrease erosion potential and assist in ease of maintenance.

B. Plant Standards. Where new landscaping is required, the following plant standards apply:

1. Deciduous Tree. A minimum three-inch diameter at six inches above grade at the time of planting.

2. Evergreen Tree. A minimum six feet in height above grade at the time of planting.

3. Low Shrub. Plants shall be a minimum of one to two feet in height at the time of planting with approximately a one- or two-gallon pot or ball-and-burlap.

4. Medium Shrub. Plants shall be a minimum of two to three feet in height at the time of planting with approximately a three- to five-gallon pot or ball-and-burlap.

5. Ornamental Tree. A minimum of one-inch diameter for deciduous; a minimum of two feet tall for evergreens. Ornamental trees may count as medium shrubs, but do not count for trees otherwise required.

6. Vegetative Groundcover. Grass sod, or spreading groundcover in four-inch pots with a maximum spacing of nine inches, or one-gallon pots with a maximum spacing of 18 inches and of sufficient size, spacing and species as to spread to form a solid cover of the planting area within two years from the time of planting.

7. Drought Tolerant Plants. The use of native and drought tolerant, low water use plants shall be incorporated into landscape design plans.

C. Irrigation Standards. The intent of this standard is to ensure that plants will survive the critical establishment period when they are most vulnerable to lack of watering and to survive periods of extended drought once they are established.

1. Irrigation systems shall be incorporated into a landscaping area and the applicant shall prepare a water use and conservation plan for review and approval by the City Engineer and Community Development Director.

2. The applicant shall choose one of the following options to provide all landscaped areas with an irrigation method:

a. A permanent underground irrigation method with an automatic controller plus an overriding rain switch. All landscape that is placed in median strips in the middle of street rights-of-ways shall be irrigated with underground automated irrigation systems.

b. An irrigation method which provides sufficient water to ensure that the plants will become established. The method shall be required to be permanent unless the plant material selected is classified as drought tolerant and a permanent irrigation system is determined to be unnecessary by the Community Development Department, in which case irrigation standards shall be required only during the first growing season following installation. Even if drought tolerant plants are used in the landscape design, there must be an identified method to easily provide water to the plants in the case of a drought. Any automatic/mechanical system designed under this option shall be fitted with an overriding rain switch. (Ord. 651 § 23, 2016; Ord. 317 § 8 (part), 2003; Ord. 264 § 1 (part), 2001.)

18A.50.425Landscaping Types.

A. The landscaping types are intended to provide a basic list of landscaping standards that may be applied within a proposed project as necessary to provide for the intent of the comprehensive plan.

1. Type I, Vegetative Buffer. A combination of landscaping, evergreen and deciduous trees, and fencing that provides a substantial visual barrier between uses and creates an impression of separation of spaces along an interior property line. The following standards shall be applied:

a. Landscaping strip shall be a minimum of eight (8) feet in width, and shall be increased to ten (10) feet in width and fifteen (15) feet in width as required by LMC 18A.50.430, Landscaping Regulations by Zoning District.

b. Depending on the use, a sight obscuring barrier may be required to be placed within the landscaping strip to consist of:

(1) Fence/wall five (5) feet in height, or

(2) A medium shrub barrier (hedge) which is of such a density as to provide a solid visual barrier.

c. One (1) evergreen or deciduous tree is required per twenty (20) linear feet of landscaping strip. Trees shall be spaced at intervals not greater than (20) feet on center along the full extent of the landscaping strip. No more than sixty (60) percent of the trees may be deciduous.

d. The percentage of evergreen trees allowed may be further reduced at the discretion of the Community Development Director to address public safety concerns.

e. Shrubs:

(1) Two (2) medium shrubs are required per six (6) linear feet of landscaping strip and placed no greater than four (4) feet on center.

(2) Three (3) low shrubs are required per six (6) linear feet of landscaping strip and placed no greater than three (3) feet on center.

(3) Shrubs shall be placed along the entire length of the landscaping strip as to provide vegetative cover.

f. Vegetative groundcover.

g. Landscaping shall be placed along the entire length of the landscaping strip so as to provide a vegetative buffer. These are minimum standards, additional landscaping may be required if, in the determination of the Community Development Director, the proposed landscaping plan does not provide effective separation and screening.

2. Type II, Streetscapes. A unifying theme of canopy type trees along a public or private street within the right-of-way, with an optional landscaping strip and a minimum five (5) to eight (8) foot wide sidewalk, as required by the City Engineer, shall apply to all zones and shall be applied to all proposed developments other than a single family dwelling. The following standards shall be applied:

a. Curb, gutter, and sidewalks standards as required in LMC 18A.50.135 Streetscapes, LMC 17.46 Site Development Regulations, and LMC Title 12, Streets Sidewalks and Public Thoroughfares.

b. Landscaping strip of vegetative groundcover of three to eight feet in width, at the discretion of the City Engineer, located between the curb and the sidewalk.

c. Deciduous street trees, pursuant to LMC 18A.50.440 Street Tree Standards are required along the entire street frontage at a spacing of no more than thirty (30) feet on center or as required to continue the existing pattern of street, whichever is less distance.

d. Tree wells, a minimum of four (4) foot in any dimension, with a grating system approved by the City Engineer, are required when trees are placed within the sidewalk. Sidewalks must maintain a minimum 48-inch clear width exclusive of curbing. Trees not located on the sidewalk shall be centered on the landscaping strip, or behind the sidewalk within 10 feet of the right-of-way if the right-of-way is insufficient to accommodate street trees, or if curbs, gutters and sidewalks already exist.

e. Level 1 Utilities shall be placed underground as appropriate.

f. Street lights as directed by the City Engineer.

g. Landscaped medians within the roadway may be required at the discretion of the City Engineer and the Community Development Director including.

(1) Curb, gutter, four (4) to twelve (12) foot wide landscaping strip within the roadway with a length determined by the City Engineer.

(2) One (1) street tree at each end of the median, plus one (1) street tree per thirty (30) feet of median.

(3) Vegetative groundcover.

(4) Small shrubs shall be placed within the landscaping strip so as to cover thirty (30) percent of the strip, have a maximum bush height of three (3) feet, and provide year-round screening.

h. Bus stop(s), benches and/or bus shelter(s) as deemed necessary by the Community Development Director and Pierce Transit.

3. Type III, Open Space. A combination of natural and native open space, vegetative groundcover, and deciduous and evergreen trees.

a. One (1) deciduous or evergreen tree shall be spaced at intervals not greater than fifty (50) feet on center along the full extent of the open space. No more than eighty (80) percent of the trees may be deciduous.

b. Vegetative groundcover.

4. Type IV, Parking Areas. A combination of landscaping to break up the bulk of a parking area. The following standards shall be applied:

a. Landscaping Islands. Landscaped islands shall be located at the end of each parking row. Internal landscaping islands shall occur at intervals within the row so that no parking stall within that parking row is more than eight (8) parking stalls from a landscaping island. The following standards shall apply:

(1) The length of the island shall be the same depth as the adjacent parking stalls and have an interior width a minimum of four (4) feet.

(2) The island shall be completely curbed.

(3) Contain one (1) street tree.

(4) One (1) medium shrub or two (2) small shrubs per twelve (12) square feet of island.

(5) Vegetative ground cover.

b. Internal Landscaping. If internal landscaping other than landscaping islands is included in a parking area, the internal landscaping shall at a minimum consist of vegetative groundcover and trees per Type III, Open Space.

c. Perimeter Landscaping. Landscaping around the perimeter of the parking area shall be a Type I, Vegetative Buffer.

5. Type V, Solid Barrier. A combination of fencing and landscaping which is intended to provide a solid sight barrier between uses, around storage yards, salvage yards, and other incompatible or unsightly uses, and to create screening and a strong impression of spatial separation. The following standards shall be applied:

a. Landscaping strip minimum ten (10) feet in width.

b. Solid fence or wall six (6) feet in height located within the landscape strip.

c. The Community Development Director may direct the location, style, and construction materials of the required fence/wall to lesson visual impact on adjacent properties.

d. One (1) deciduous or evergreen tree is required per twenty (20) linear feet of landscaping strip. Trees shall be spaced at intervals not greater than twenty (20) feet on center along the full extent of the landscaping strip. No more than forty (40) percent of the trees may be deciduous.

e. The percentage of evergreen trees allowed may only be reduced, at the discretion of the Community Development Director, to address public safety concerns.

f. Shrubs;

(1) Two (2) medium shrubs are required per four (4) linear feet of landscaping strip and placed no greater than five (5) feet on center.

(2) Three (3) low shrubs are required per four (4) linear feet of landscaping strip and placed no greater than four (4) feet on center.

g. Vegetative groundcover.

h. Landscaping shall be placed along the entire length of the landscaping strip so as to provide a vegetative barrier. These are minimum standards, additional landscaping may be required if, in the determination of the Community Development Director, the proposed landscaping plan does not provide an actual or effective barrier or separation.

6. Type VI, Area Screening. A combination of fencing/wall and landscaping that provides visual relief from dumpsters, recycling areas, or small storage yards, of less than two hundred (200) square feet in size. The following standards shall be applied:

a. Landscaping strip minimum five (5) feet in width around the area, excluding access points.

b. A fence or wall six (6) feet in height located on the interior of the landscaping strip.

c. Minimum six (6) foot tall Arborvitae or approved equivalent trees placed at four (4) feet on center.

d. Shrubs.

(1) One (1) medium shrub per four (4) linear feet of landscaping strip and placed no greater than four (4) feet on center.

(2) One (1) small shrub per four (4) linear feet of landscaping strip and placed no greater than four (4) feet on center.

(3) Shrubs shall be spaced at intervals along the full extent of the landscaping strip.

e. Vegetative groundcover.

f. The fence and landscaping may be modified at the discretion of the Community Development Director to address public safety concerns. (Ord. 317 § 8 (part), 2003; Ord. 264 § 1 (part), 2001.)

18A.50.430Landscaping Regulations by Zoning Districts.

A. Type II, Streetscape shall apply to all zones and shall be applied to all proposed developments other than a single family dwelling, pursuant to LMC 18A.50.135 Streetscapes, LMC 17.46 Site Development Regulations, and LMC 12.02, Streets Sidewalks and Public Thoroughfares.

B. Type III, Open Space shall apply to all zones where open space is required as part of the development standards or Community Design Guidelines.

C. Type IV, Parking Areas; and Type VI, Area Screening are types of landscaping that shall apply in all zones, as applicable.

D. Discretionary land use permit approval and conditions may require any landscaping type in order to mitigate the impacts of the proposed use.

E. The unique character of development within the OSR1 and OSR2 zones, as private and public open space, parks, and public facilities requires a case-by-case review of the landscaping standards and requirements by the Community Development Director.

F. The following standards are representative and may not include all uses or types. Where individual uses or zones are not specified, the Community Development Director shall make a determination as to the most appropriate Landscaping Type in order to mitigate the impacts of the proposed development.

G. Zones and Uses Minimum Landscaping Requirements

1. Single Family Uses/Zones:

Single Family Dwellings Exempt from Perimeter Landscaping Standards

Civic Uses Type I, Vegetative Buffer, 10’ landscape strip

2. Multi Family Uses/Zones that abut:

Single Family Uses/Zones Type I, Vegetative Buffer, 10’ landscape strip

Open Space and Recreation Zones Type I, Vegetative Buffer, 10’ landscape strip

3. Neighborhood Business and Commercial Uses/Zones that abut:

Single Family Uses/Zones Type I, Vegetative Buffer, 15’ landscape strip

Multi Family Uses/Zones Type I, Vegetative Buffer, 10’ landscape strip

Open Space and Recreation Zones Type I, Vegetative Buffer, 10’ landscape strip

4. Industrial Uses/Zones that abut:

Single Family Uses/Zones Type V, Solid Barrier

Multi Family Uses/Zones Type V, Solid Barrier

Commercial Uses/Zones Type I, Vegetative Buffer, 10’ landscape strip

Open Space and Recreation Zones Type V, Solid Barrier

5. Public/Institutional Zone Type I, Vegetative Buffer, 10’ landscape strip

6. Between developments in the same zone:

All Uses (other than Single Family uses) Type I, Vegetative Buffer, 8’ landscape strip

7. Parking Lots in all zones: Type I, Vegetative Buffer & Type IV, Parking Areas

8. Property Lines abutting public right-of-way or private streets: Type II Streetscape and Type I, Vegetative Buffer, 8' landscape strip or appropriate landscaping per LMC Section 18A.50.200 Community Design

9. Storage Space (for all uses other than single family residential):

Under 200 gsf Type VI, Area Screening

200 or more gsf Type V, Solid Barrier

Salvage/Wrecking Use Type V, Solid Barrier

Industrial and Outdoor Type V, Solid Barrier

10. Wireless Telecommunication Facilities See LMC 18A.70.600, WTF

11. Open Space Type III, Open Space

12. Streets/ Rights-of-Way Type II, Streetscape

13. Trash Dumpsters Type VI, Area Screening (Ord. 317 § 8 (part), 2003; Ord. 264 § 1 (part), 2001.)

18A.50.435Landscaping Design.

In addition to the requirements of this section, LMC 18A.50.200, Community Design, contains standards that promote connectivity between landscape improvements and adjacent sites and buildings. (Ord. 264 § 1 (part), 2001.)

18A.50.440Street Tree Standards.

A. Applicability. This section applies to projects that require street trees in order to fulfill a landscaping standard, and to all projects that are installing street trees unrelated to other landscaping or street improvements.

B. Standards. All street trees shall meet the following standards:

1. A minimum of three (3) inches in diameter at the time of planting.

2. Street trees shall be located and placed within the street rights-of-way in accordance with the requirements of the City Engineer, unless otherwise permitted in 18A.50.440(B)(3).

3. Street trees may be planted within ten (10) feet of the right-of-way only if the right-of-way is insufficient to accommodate street trees, or if curbs, gutters and sidewalks already exist.

4. The adjoining property owner shall be responsible for all maintenance of street trees and landscaping in public right-of-ways.

5. Street tree shall be trimmed to maintain the street canopy and provide for public safety. Street trees can not be removed without the prior approval of the City Engineer.

6. Trees planted within five (5) feet of public or private road pavement edge, curbing or sidewalk, or within parking areas shall be surrounded by a root control barrier. Root control barriers shall consist of galvanized metal or plastic sheets extending a minimum of two (2) feet below the finished grade of the surrounding surface.

7. All trees shall be double (2) staked for the first two (2) years.

8. All street trees shall be of a species approved by the Community Development Department. (Ord. 264 § 1 (part), 2001.)

18A.50.445Plan Requirements - Landscaping.

The Community Development Director shall review and may approve, approve with modifications, or deny a landscape plan subject to the provisions of this section.

A. The following plans shall be submitted according to the requirements of the application form provided by the Community Development Department for any project permit subject to the provisions of this section:

1. Irrigation plan.

2. Tree retention plan, pursuant to LMC 18A.50.300, Tree Preservation.

3. Landscape plan.

B. Persons Qualified to Prepare Landscape Plans. The landscape plans shall be prepared by a Washington state registered landscape architect, a Washington state certified nurseryman, or a Washington state certified landscaper, except that planting plans for short plats may be prepared by the applicant, subject to approval by the Community Development Director.

C. Review of Landscape Requirements. At the time of the preapplication conference, the Community Development Department staff shall review specific landscape requirements with the applicant or his/her representative.

D. Irrigation Plan. All proposed multifamily or non-residential developments require an irrigation plan. An irrigation plan is required to ensure that the planting will be watered at a sufficient level to ensure plant survival and healthy growth. The irrigation plan shall indicate the location of pipes, sprinkler heads, and back flow prevention devices. The Community Development Director or City Engineer may require additional information, including but not limited to pumps, pipe size, head capacity, water pressure in pounds per square inch at the pump and sprinkler heads, and timer system. The irrigation plan shall conform to the requirements of this section.

E. Persons Qualified to Prepare Irrigation Plans. The irrigation plan shall be prepared by a Washington State registered landscape architect, except that irrigation plans for short plats may be prepared by the applicant.

F. Approved Landscaping Plan Required. A building permit or zoning certification shall not be issued until the landscaping plan has been approved. (Ord. 317 § 8 (part), 2003; Ord. 264 § 1 (part), 2001.)

18A.50.450Landscaping Installation.

A. Planting Season. Landscape installation is encouraged to take place in the spring or fall planting season following building permit issuance or zoning certification. The Community Development Director may allow a postponement of the landscaping due to weather conditions, subject to LMC 18A.50.465, Guarantee, and may approve an alternative timeline if the development is a phased project.

B. Landscaping and Irrigation Installed. The person or persons qualified, pursuant to LMC 18A.50.445(B) and E above, to prepare the landscape and irrigation plans shall submit, within 30 days of completed installation, a signed affidavit that landscaping and irrigation systems have been installed per the approved plans.

C. Issuance of Certificate of Occupancy. Except as provided for in LMC 18A.50.450(A), the Community Development Department shall not issue a final certificate of occupancy and/or final site certification until the landscaping has been installed as shown on the approved landscaping plan. (Ord. 264 § 1 (part), 2001.)

18A.50.455Water Conservation and Suggested Plant Materials.

A. Intent. The following guidelines are promoted and strongly recommended by the City to reduce the maintenance cost of a development, enhance the long-term health of plant material and reduce the cost of watering. The intent of water conservation guidelines is to ensure that costly plant material is provided with the opportunity to take advantage of natural watering and therefore reduce the amount of water required to maintain plant material health during the dry season. The intent of a plant material guideline is to encourage use of plants native to the Pacific Northwest and introduced plants common to the Pacific Northwest, in that order, in order to maximize use of rainwater, to reduce general maintenance needs and to encourage the development of landscape designs reflective of our natural surroundings. It is also the intent of these guidelines to encourage the use of drought tolerant plants in landscape designs in order to reduce the amount of water devoted to outdoor watering at a time when population pressures are increasing faster than the water supply.

B. Water Conservation Guidelines. Water conservation measures shall be employed in the following manner:

1. Soil Preparation. Landscape areas should be deep-tilled to a depth of at least twe1ve (12) inches to facilitate deep water penetration and soil oxygenation. Use of soil amendments is encouraged to improve water drainage, moisture penetration or water-holding capacity. For all newly landscaped areas organic matter should be incorporated to a depth of four (4) to six (6) inches to facilitate deep water penetration and soil oxygenation.

2. Mulching. Mulch should be applied regularly to, and maintained in all, planting areas to assist soils in retaining moisture, reducing weed growth and minimizing erosion. Mulches include organic materials such as wood chips and shredded bark. Mulches should be applied to the following depths: three (3) inches over bare soil and two (2) inches where plant materials will cover.

3. Plant Types. Applicants are strongly encouraged to utilize drought tolerant plant material native to the Western Washington and introduced noninvasive plants common to the area that are well suited to the wet/dry climate of the Puget Sound. (Ord. 264 § 1 (part), 2001.)

18A.50.460Maintenance - Landscaping.

The following standards shall be followed for the maintenance of on-site landscaping and landscaping on adjacent public rights-of way:

A. Failure to complete all of the required landscaping or any portion of that landscaping, other than as permitted in LMC 18A.50.450(A), Landscaping Installation, shall constitute a zoning violation.

B. It shall be the responsibility of the project manager or business owner to contact the Community Development Department upon completion of the landscaping work and request an inspection.

C. Whenever landscaping is or has been required in accordance with the provisions of this title as amended, or in accordance with the provisions of any previous code or ordinance of the City, the landscaping shall be permanently maintained in such a manner as to accomplish the purpose for which it was initially required.

D. The Community Development Department may inspect the landscaping upon request of the project manager or business owner or at any time after the installation of landscaping.

E. Any installed plant material that dies shall be replaced within the spring or fall growing season following plant loss but not more than ninety (90) days from the time of loss. This standard shall apply for the life of the project or development.

F. Failure to maintain all of the required landscaping or any part of it shall constitute a zoning violation.

G. Regardless of whether the landscaping existed prior to the effective date of this title or was added thereafter, replacement landscaping shall comply with all provisions of this section.

H. All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing condition, to prevent primary limb failure, and to prevent limbs from becoming an impediment or hazard to vehicles or pedestrian traffic.

I. All landscape areas shall be kept free of trash and weeds and all irrigation systems shall be properly maintained by the property owner to ensure the function of the requirements of this title. (Ord. 264 § 1 (part), 2001.)

18A.50.465Guarantee - Landscaping.

In order to guarantee performance of the landscaping requirements, cash guarantee or other appropriate security, including letters of credit, in the amount of one hundred fifty (150) percent of the estimated cost of the required landscaping, shall be required if landscaping is not installed prior to the issuance of the occupancy permit. The cash guarantee or other appropriate security shall forfeited to the City if the work is not completed within one hundred eighty (180) days of the date of posting of the cash guarantee or other appropriate security, or upon such other date as agreed to between the City and the property owner or authorized person acting on the property owner’s behalf. In the case where such a cash guarantee or other appropriate security is forfeited to the City, the proceeds therefrom shall be used by the City to effectuate the landscaping requirements which were not completed. Along with the requirement for the cash guarantee(s) or other appropriate security, the property owner, or authorized person acting on the property owner’s behalf, shall agree and consent to entry upon the property in the event of guarantee forfeiture, and completion of the landscaping requirements by the City representatives. (Ord. 264 § 1 (part), 2001.)

18A.50.500Parking.
18A.50.510Purpose - Parking.

The purpose of this section is to regulate parking and loading activities in order to improve traffic circulation and contribute to the public health, safety, general welfare and aesthetics of the city of Lakewood by providing standards for those areas intended for the maneuvering and parking of motor vehicles. It is the intent of this section to allow the provision of sufficient off-street parking to meet the needs of urban development, but not an excess surplus of spaces, and to promote more efficient use of the City's transportation facilities by encouraging the movement of people from place to place via alternative modes of transportation other than the single-occupant vehicle. (Ord. 264 § 1 (part), 2001.)

18A.50.520Applicability - Parking.

This section is applicable to all new developments, and all alterations and additions to, or expansion of, existing developments in the city of Lakewood. (Ord. 264 § 1 (part), 2001.)

18A.50.530Parking Standards.

A. Expansions or Enlargements. Where any structure is enlarged, expanded, erected, remodeled, or the use is changed, off-street parking spaces shall be provided for said development in accordance with the standards of this section. A change in use of an existing structure may require additional off-street parking spaces as set forth in this section.

B. Uses Not Specified. In the case of a use that is not specifically mentioned in this section, the requirements for off-street parking facilities shall be determined by the Community Development Director based upon the requirements for the most comparable use specified in this section; or, where no comparable use exists, based upon a reasonable rationale provided in an administrative determination written to the applicant. The Community Development Director may require that the applicant conduct a parking study to evaluate the parking needs associated with a proposed use.

C. Surface Improvements. All areas used for parking, maneuvering, circulation, pedestrian access, and loading or unloading shall be paved with asphalt or concrete and shall be improved and available for use prior to issuance of a certificate of occupancy.

D. Location. Off-street parking facilities shall be located on the same property as the use they are required to serve and within three hundred (300) feet of the use, except as provided below. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facilities to the nearest point of the building that such facility is required to serve.

1. For a nursing home, assisted living facility, convalescent home, or group home, the parking facilities shall be located within one hundred (100) feet of the building they are required to serve.

2. For single-family residential dwellings, the required number of parking spaces shall be in addition to any parking that is provided for by garages and/or carports that serve the development.

3. For multifamily dwellings where the lot cannot accommodate all the required parking on-site for its needs, up to forty (40) percent of the required parking may be located on a lot adjacent to the development, provided that the lot is legally encumbered pursuant to LMC 18A.50.550(F), Off-Site Parking.

4. For all non-residential uses where the lot cannot accommodate all the required parking on-site for its needs, parking facilities shall be located not farther than seven hundred fifty (750) feet from the facility, provided that the lot is legally encumbered pursuant to LMC 18A.50.550(F), Off-Site Parking. Parking shall not be permitted on properties zoned single-family residential (R1, R2, R3, R4) or open space (OSR1 and OSR2) unless the parking is being provided for a use that is permitted in said district.

5. Required parking for developments other than Single Family residential dwellings shall not be located in a required front yard setback abutting a public street, except as allowed in LMC 18A.50.200, Community Design.

E. Size and Access.

1. Minimum Stall Dimensions. A standard parking space shall have a minimum width of nine feet and a minimum length of eighteen (18) feet. Compact stalls shall have a minimum width of eight and one-half (8 1/2) feet and a minimum length of fifteen (15) feet.

2. Compact Car Allowance. Up to thirty (30) percent of the required parking for a development may consist of compact stalls. No more than four (4) compact stalls may be adjacent to each other, and a total of eight (8) spaces head to head. Compact stalls shall be evenly dispersed throughout the parking area and clearly identified with permanent marking on the pavement as approved by the City Engineer and Community Development Director.

3. Minimum Aisle Width. Two-way drive aisles shall have a minimum width of twenty four (24) feet where providing access to spaces at a ninety (90) degree angle to the drive aisle, and twenty (20) feet in width where spaces are at angles of seventy (70) degrees or less to the drive aisle. One-way drive aisles shall have a minimum width of twenty (20) feet where providing access to spaces at a ninety (90) degree angle to the drive aisle. Where spaces are at angles of seventy (70) degrees or less to the drive aisle, the standards for aisle width in the following table shall apply:

TABLE 1

Parking Angle

Minimum One-Way Aisle Width

50 degrees or less

15’

55

16’

60

17’

65

18’

70

19’

4. Driveways and Turnarounds. Except for a single family dwelling, groups of more than three (3) parking spaces shall be provided with adequate aisles and/or turnaround areas so that all vehicles may enter the street in a forward manner. These parking spaces shall be served by a driveway designed and constructed to facilitate the flow of traffic on and off the site, with due regard to pedestrian and vehicle safety, and which shall be clearly and permanently marked and defined.

a. Driveways, aisles, turnaround areas, and ramps shall have a minimum vertical clearance of fourteen (14) feet for their entire length and width except that such clearance may be reduced in parking structures.

b. For the purpose of loading and unloading children, one-way driveways with a continuous forward flow design shall be located on the site of schools and daycares with a capacity of fifty (50) children or greater.

F. Wheel Stops. Wheel stops, a minimum of two (2) feet from the end of the parking stall or any obstruction, shall be required in the following locations.

1. Where the parking stall abuts a building or where vehicles may overhang a property line;

2. Where the parking stall abuts a raised pedestrian walkway of less than eight (8) feet in width;

3. Where a parking stall abuts a pedestrian walkway that is not raised.

4. Where a parking stall abuts any physical object that may be impacted, such as light standards, fire hydrants fences, power vaults, utility poles, etc.

5. Where a hazardous grade difference exists between the parking area and the abutting property;

6. Where hazardous situations may exist as determined by the City Engineer or Community Development Director.

G. Parking Structures. Multiple level parking structures developed either as a single use structure or as parking incorporated into a structure shall be designed and laid out in accordance with the dimension and numeric requirements of this section.

H. Unit of Measurement.

1. Where stationary, immoveable seating is used by patrons or spectators in places of assembly, each twenty (20) inches of width of bench, pew, or other seating shall count as one (1) seat for the purpose of determining requirements of off-street parking facilities under this section.

2. Where removable or temporary seating is used by patrons or spectators in places of assembly, fifty (50) square feet of open area where such seating facilities could be located shall count as one (1) seat for the purpose of determining requirements of off-street parking facilities under this section.

3. Where seating and/or uses may be unique or unusual, in the opinion of the Community Development Director, a parking study may be required to determine usage of a facility and associated parking demand.

I. Parking Plan. Where off-street parking is required, except for a single-family dwelling, a parking plan, indicating how the off-street parking and loading requirement is to be provided, shall accompany the application for a project permit. The plan shall show all those elements necessary to indicate that these requirements to be fulfilled including but not limited to:

1. Delineation and dimensions of individual parking spaces, both regular and compact spaces, and loading and unloading areas;

2. Dimensions of circulation and maneuvering areas necessary to serve spaces;

3. Access to streets, alleys, and properties served;

4. Curb cuts and curb placement;

5. Dimensions, continuity and substance of landscaping and screening;

6. Grading, drainage, surfacing and subgrading details;

7. Delineation of all structures or other obstacles to parking, circulation and visual clearance on the site;

8. Specifications as to location of signs and wheel stops;

9. Sidewalks and pedestrian pathways

10. Vision clearance areas for all points of ingress and egress.

J. Americans with Disabilities Act (ADA). Accessible parking for persons with disabilities shall be provided consistent with state and federal regulations.

K. Landscaping Requirements. Parking areas shall meet the applicable landscaping requirements of LMC 18A.50.400, Landscaping.

L. Community Design Requirements. Parking areas shall meet the applicable parking, landscaping and community design requirements of LMC 18A.50.200, Community Design. (Ord. 317 § 9, 2003; Ord. 264 § 1 (part), 2001.)

18A.50.540Loading and Unloading.

A. Required Loading and Unloading Areas. Any building that is erected, enlarged or for which a change of use is proposed, shall provide a minimum of one (1) off-street or off-alley loading area.

1. The minimum area required for commercial and industrial loading spaces is as follows:

a. 250 sf for buildings of 5,000 to 20,000 gsf.

b. 500 sf for buildings of 20,000 to 50,000 gsf.

c. 750 sf for buildings in excess of 50,000 gsf.

d. Additional loading space shall be required of buildings based on the size, proposed use, potential uses, and location, as deemed necessary by the Community Development Director.

2. Each loading space shall measure not less than ten (10) feet by twenty-five (25) feet and shall have an unobstructed height of fourteen (14) feet

3. Each loading space shall be made permanently available for such purpose, and shall be surfaced, improved, maintained, and screened in accordance with this section and LMC 18A.50.400, Landscaping.

4. Loading spaces shall be located adjacent to the building to be served and in such a manner that these spaces shall not encroach upon or interfere with areas reserved for off-street parking nor project into any public right-of-way or pedestrian area. Loading space or maneuvering areas shall be in addition to area required for off-street parking spaces.

5. Loading berths shall be located no closer than fifty (50) feet from any residential district, unless wholly enclosed within a building, or unless screened from such residential area by a wall or uniformly painted fence not less than six (6) feet in height and by Type V, Solid Barrier landscaping.

6. Space for loading berths may occupy all or any part of any required setback except for landscaping setback requirements as long as the loading berth is uncovered. A covered loading area shall comply with the minimum building setback requirements for the district.

7. If the site where such loading space is to be located abuts upon an alley, such loading space shall be accessed off the alley, unless alley dimensions and vehicle maneuvering turn radius prohibits such access.

B. Maneuvering Areas for Buildings with Loading Doors. Buildings that utilize dock-high loading doors shall provide a minimum of one hundred (100) feet of clear maneuvering area in front of each door. Buildings that utilize ground level service or loading doors shall provide a minimum of forty five (45) feet of clear maneuvering area in front of each door. (Ord. 264 § 1 (part), 2001.)

18A.50.550Use and Site Specific Standards.

A. Transit Support Facilities.

1. For developments that generate a parking demand of greater than 20 parking spaces, the developer shall fund the purchase and installation of one or more transit shelters and/or other related transit support facilities as determined by the Community Development Director and Pierce Transit operational criteria, based on the size and nature of the use.

2. For developments that generate a parking demand of fewer than 20 parking spaces, the developer shall install a bench and a concrete pad adjacent to the sidewalk at a bus stop where at least five transit riders are expected to board buses on an average weekday, and a shelter shall be provided at a bus stop where at least 10 transit riders are expected to board buses on an average weekday.

3. Any single-family development with 50 to 200 units, or multifamily residential with 30 to 100 units that will be located on a street where regularly scheduled transit service is provided, shall be required to provide a transit shelter with all required transit support facilities.

4. Any single-family development with over 200 units, or multifamily residential with over 100 units that will be located on a street where regularly scheduled transit service is provided, shall be required to provide two transit shelters with all required transit support facilities.

5. Transit facilities shall be sited in accordance with the requirements of Pierce Transit and this title. Transit shelters and related facilities shall be provided for transit stops that are located adjacent to or within 600 feet of the development site on each side of the street that has a transit route. This requirement may be waived when Pierce Transit has determined that current and projected ridership do not warrant the installation of a shelter within the 600-foot distance.

6. When a transit shelter is required to be installed, a concrete pad, seating, garbage receptacles, and lighting shall also be provided. When a transit shelter is not required to be installed, transit stops shall include design features or changes in materials that demarcate the stop.

7. Transit pullouts shall be provided as an element of street improvements if Pierce Transit and the City determine that a pullout is necessary to provide a safe refuge for transit vehicles or to minimize conflicts with other vehicles.

B. Mixed Occupancies. In the case of two or more uses in the same building or on the same site, the total requirements for off-street parking facilities shall be the sum of the requirements for all of the uses calculated separately. Off-street parking facilities for one use shall not be considered as providing the required parking facilities for any other use, except as provided in subsection (E) of this section.

C. Parking Incentives.

1. When residential uses are combined with commercial or industrial uses in the same building, parking requirements may be reduced by 20 percent, except when located within the CBD or TOC zoning districts for which parking requirements are reduced by 35 percent.

2. A structured parking space shall count as one and one-fourth parking spaces towards the required number of parking spaces.

3. When affordable housing is constructed pursuant to LMC 18A.50.700, Housing Incentives Program, the parking space requirements shall be calculated employing any available modifications based upon LMC 18A.50.750(B).

D. Shared Use Parking. Joint use of required parking spaces may be permitted where two or more uses on the same site or separate sites in close proximity to one another are able to share the same parking spaces because their parking usage does not materially overlap (e.g., uses primarily of a daytime vs. nighttime, or weekday vs. weekend nature). Shared parking shall be legally encumbered and shall meet all of the applicable standards of this section pursuant to subsection (E) of this section, Off-Site Parking.

E. Off-Site Parking. Joint use of required parking spaces may be authorized by the Community Development Director if the following documentation is submitted in writing to the Community Development Department:

1. The names and addresses of the owners and/or tenants that are sharing the parking.

2. The uses that are involved in the shared parking.

3. The location and number of parking spaces that are being shared.

4. An analysis showing that the peak parking times of the uses occur at different times and/or that the parking area will be large enough for the anticipated demands of both uses.

5. A legal instrument such as an easement or deed restriction that guarantees continuing access to the parking for both uses which shall be subject to review and approval by the Community Development Director and the City Attorney. (Ord. 651 § 20, 2016; Ord. 397 § 15, 2005; Ord. 284 § 1, 2002; Ord. 264 § 1 (part), 2001.)

18A.50.560Parking Space Standards by Use Type.

A. General Requirements.

1. The size of a development and the proposed use type shall determine the minimum number of required parking spaces. Unless otherwise specified, the parking space requirements shall be based on the gross square footage (gsf) of the building.

2. The parking space requirement for any office space associated with a use shall be calculated at the rate of one (1) parking space for each two hundred fifty (250) gsf of office use.

3. One (1) parking space shall be required for each commercial vehicle that originates from the site or is regularly present on the site.

4. The number of employee spaces required shall be based on the maximum number of employees who may be on-site at any one-time.

B. Residential Use Category Required Parking Spaces

1. Single-Family

Detached Dwelling Levels 1,2 Two per dwelling unit.

2. Single-Family

Attached Dwelling Levels 1,2 Two per dwelling unit.

3. Multi-Family Dwelling

Level 1 1.75 per dwelling unit.

Level 2 1.5 per dwelling unit.

4. Co-housing One per two adult occupants, plus one per resident staff.

5. Group Homes One per three beds plus one per employee.

6. Assisted Living Facilities One per three beds plus one per employee.

7. Continuing Care Retirement Community Parking study.

8. Nursing Home One per four beds plus one per employee.

9. Hospice Care Center One per four beds plus one per employee.

C. Civic Use Category Required Parking Spaces

1. Community and Cultural Services

Levels 1,2,3 One per 250 gsf

2. Daycare Facilities

Level 1 One per facility in addition to those spaces required for single family use.

Level 2 One per employee, plus one per five clients, and loading area.

2. Daycare Facilities

Level 1 One per facility in addition to those spaces required for single family use.

Level 2 Two per facility, plus one per employee, in addition to those spaces required for single family use.

Level 3 One per employee, plus one per five clients, and loading area.

3. Education

Level 1,2 For primary schools, two per employee, plus one per 30 children, plus parking for buses, if applicable, and loading area. For secondary schools, two per employee, plus one per four students, plus parking for buses, if applicable, and loading area.

4. Government Administration Facilities

Levels 1,2,3 One per 250 gsf.

5. Health Services One per 250 gsf

Hospital by parking study.

6. Outdoor Recreation

Levels 1,2,3,4 Community Development Director shall determine parking requirements based on size and nature of the use(s).

7. Postal Services

Levels 1,2,3 One per 250 gsf customer service area, plus one per 1000 gsf of warehouse.

8. Public Maintenance Facilities

Levels 1,2,3 Community Development Director shall determine parking requirements based on size and nature of the use(s).

9. Public Safety Services

Levels 1,3,4 Parking study.

Level 2 One per 500 gsf.

10. Social Services

Level 1,2 One per 500 gsf

Level 3 Community Development Director shall determine parking requirements based on size and nature of the use(s).

11. Religious Assembly

Levels 1,2 One per three seats.

Level 3 Community Development Director shall determine parking requirements based on size and nature of the use(s). Parking study may be required.

12. Transportation

Level 1 N/A

Level 4 One per commercial vehicle.

Level 2,3,5 Parking study.

D. Utilities Use Category Required Parking Spaces

1. Communication Facilities

Levels 1,2 NA

Level 3 Community Development Director shall determine parking requirements based on size and nature of the use(s). Parking study may be required.

2. Electrical Facilities

Levels 1,2 NA

3. Electrical Generation Facilities One per employee.

4. Natural Gas Facilities

Level 1 NA

Level 2 One per 750 gsf of the building devoted to maintenance/storage.

5. Organic Waste Processing

Facilities One per employee.

6. Pipelines NA

7. Sewage Collection Facilities

Levels 1,2 NA

8. Sewage Treatment Facilities One per employee.

9. Stormwater Facilities

Levels 1,2,3 NA

10. Waste Disposal Facilities

Levels 1,2,3,4 Community Development Director shall determine parking requirements based on size and nature of the use(s).

11. Waste Transfer Facilities

Level 1 One per facility.

Level 2,3,4 Community Development Director shall determine parking requirements based on size and nature of the use(s).

12. Water Supply Facilities

Levels 2,3,4 Community Development Director shall determine parking requirements based on size and nature of the use(s).

E. Commercial Use Category Required Parking Spaces

1. Amusement and Recreation

Levels 1,2,3,4 Community Development Director shall determine parking requirements based on size and nature of the use(s).

2. Building/Garden Supply & Nurseries

Levels 1,2 One per 300 gsf.

Levels 3,4 Parking study.

3. Bulk Fuel Dealers One per 750 gsf of building devoted to maintenance/storage.

4. Business Services One per 250 gsf.

5. Buy-Back Recycling Center One per 750 gsf.

6. Convenience Commercial

Levels 1,2,3,4 One per 300 gsf, plus one per employee.

7. Eating and Drinking Establishment

Level 1 NA

Level 2 One per employee, plus two per establishment.

Level 3 & 4 One per 100 gsf

8. Food Stores

Levels 1,2,3 One per 300 gsf.

9. Funeral Services One per three seats.

10. Lodging

Level 1 One per guest room.

Level 2 See LMC 18A.70.500, RV Parks.

Level 3 One per guest room, plus two per three employees.

11. Manufactured and Modular

Homes Sales One per 10,000 gsf.

12. Motor Vehicle Sales and Rental

Levels 1,2,3,4 One per 5,000 gsf.

13. Motor Vehicle Service and Repair

Level 1 One per 500 gsf, plus one per commercial vehicle.

Level 2 Community Development Director shall determine parking requirements based on size and nature of the use(s).

Levels 3,4 One per 400 gsf.

Level 5 Parking study.

14. Personal Services

Levels 1,2 One per 250 gsf.

15. Pet Sales and Services

Levels 1,2,3 One per 300 gsf.

Level 4 Two per employee.

16. Private Training School

Levels 1,2 Community Development Director shall determine parking requirements based on size and nature of the use(s).

17. Professional Offices

Levels 1,2,3 One per 250 gsf.

18. Rental and Repair Services

Levels 1,2,3,4 One per 500 gsf.

19. Sales of General Merchandise

Levels 1,2,3 One per 300 gsf.

Level 4 Parking study.

20. Sales of Secondhand Property

Levels 1,2,3 One per 300 gsf.

21. Sexually Oriented Business One per 100 gsf.

22. Shopping Center One per 350 gsf of all development on the site.

23. Storage

Level 1 One per 2,000 gsf.

Level 2 One per 2,000 of the site’s total square foot area.

Level 3 Community Development Director shall determine parking requirements based on size and nature of the use(s).

F. Industrial Use Category Required Parking Spaces

1. Primary Manufacturing

Levels 1,2 One per 1,000 gsf.

2. Secondary Manufacturing and Major Assembly

Levels 1,2 One per 1,000 gsf.

3. Limited Manufacturing/Assembly

Levels 1,2,3 One per 1,000 gsf.

4. Food and Related Products One per 1,000 gsf.

5. Industrial Services One per 1,000 gsf.

6. Printing and Publishing One per 1,000 gsf.

7. Warehousing, Distribution and Freight Movement

Levels 1,2,3 One per 2,000 gsf.

8. Speculative Warehouse or Industrial Building One per 1,000 gsf.

9. Speculative Business Park:

with Warehouse/Industrial Space One per 1,000 gsf.

with Office/Retail Spaces One per 400 gsf.

- Percent Office/Retail/Warehouse/Industrial will be determined at time of application

10. Outdoor Distribution and Freight Movement Community Development Director shall determine parking requirements based on size and nature of the use(s).

11. Contractor Yards

Levels 1,2 Community Development Director shall determine parking requirements based on size and nature of the use(s).

12. Motion Picture

Production Studios Community Development Director shall determine parking requirements based on size and nature of the use(s).

13. Off-Site Hazardous Waste

Treatment and Storage Facilities Community Development Director shall determine parking requirements based on size and nature of the use(s).

14. Recycling Processor One per 1,000 gsf.

15. Salvage Yards/Vehicle Storage Facilities One per 2,000 gsf.

16. Flex Space

Levels 1,2,3 Community Development Director shall determine parking requirements based on size and nature of the use(s).

17. Research, Development, and Laboratories

Levels 1,2,3 One per 1,000 gsf.

18. Mineral Extraction Community Development Director shall determine parking requirements based on size and nature of the use(s).

G. Agricultural Use Category Required Parking Spaces

1. Agriculture

Levels 1,2,3 Community Development Director shall determine parking requirements based on size and nature of the use(s).

H. Accessory Use Category Required Parking Spaces

1. Accessory Dwelling Unit One per unit.

2. Caretaker Dwelling One per unit. (Ord. 483 § 27, 2008; Ord. 462 § 8, 2007; Ord. 397 § 16, 2005; Ord. 264 § 1 (part), 2001.)

18A.50.600Sign Regulations.
18A.50.605Purpose - Sign Regulations.

The purpose of this section is to control and manage signs by establishing a common framework for the balanced regulation of signage in the city of Lakewood that protects the right of free speech and freedom of expression, while allowing for fair and appropriate utilization of the public landscape and “viewshed.” This section recognizes that signs serve a number of valuable public and private functions, including providing effective communication between people, wayfinding information, commercial images, marketing, advertising, and education; and creating a visually stimulating retail environment. However, the City also finds that unregulated signage can be detrimental to the promotion of the safety, well being, and comfort of the users of streets, reduce the effectiveness of individual signs, have a significant negative impact on the aesthetic quality of the City’s streetscapes, negatively impact property values and can result in dangerous conflicts between traffic control signs and other signs. This section balances the community’s interest in traffic safety, aesthetics, potential negative consequences of unregulated signage, with the community’s desire to realize the public and private benefits of private signage. These regulations strive to achieve this balance by limiting the number, type, size and location of signs in order to minimize visual blight, clutter and traffic hazards while at the same time providing opportunities for free speech, freedom of expression, and the realization of the benefits of private signage. This section reduces distractions and obstructions from signs that would adversely affect traffic safety; and reduces hazards caused by signs encroaching upon public ways. The City’s visual character is enhanced by promoting new and replacement signage which is creative and distinctive, compatible with the surroundings, and responsive to the public need to locate a business establishment by identification, address, and product and/or service information.

With these purposes in mind, it is the intent of this Chapter to ensure that the use and regulation of signage is consistent with the public interest as follows:

1. Provide functional flexibility and accommodate signage that follows basic principles of good contextual design;

2. Ensure legibility of signage in the circumstances in which it is seen;

3. Assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets, other public structures, and spaces are not obviated by overly aggressive signage that results in a negative impact on the visual and aesthetic cohesiveness of the streetscape. (Ord. 534 § 1, 2011; Ord. 264 § 1 (part), 2001.)

18A.50.610Administration - Sign Regulations.

A. Permitted Zones. Only signs of the type or types as designated by this section shall be permitted in approved zoning districts that allow their use. This section shall be enforced pursuant to the procedures established in LMC 18A.02.460, Enforcement.

B. Review and time limits. The Community Development Director shall promptly review the application upon the receipt of a completed permit application and payment of the permit fee by the applicant. The Community Development Director shall grant or deny the permit application within twenty (20) days from the date the completed application and permit fee was filed with the Community Development Department.

C. Approval or denial.The Community Development Director shall approve a permit for the sign if it complies with all applicable laws, including the building, electrical or other adopted codes of the City of Lakewood; the regulations for signs contained in this Chapter; and any variances granted from this Chapter. If the Community Development Director does not approve a permit for the sign, he/she shall state the reasons for the denial in writing, and shall mail a certified copy of the reasons for denial to the address of the applicant stated on the application.

D. Appeal of sign permit determinations. Decisions on sign permit applications may be appealed to the City’s hearing examiner pursuant to LMC Section 18A.02.740. An appeal hearing regarding the issuance of a sign permit shall be conducted within 30 days of the receipt of the appeal petition and appeal fee. (Ord. 534 § 2, 2011; Ord. 264 § 1 (part), 2001.)

18A.50.615Permanent Sign Permits.

New sign or sign modification permit. A permit is required for any new sign or modification of any existing sign, except as provided for in 18A.50.625.

A. Each individual permanent or temporary sign shall require a separate sign permit, except as specifically exempted in this section. Any sign for which a building permit is required under the Uniform Building Code shall also obtain a building permit.

B. No sign shall hereafter be erected, re-erected, constructed, installed, or altered except as provided by this Chapter. For the purposes of this Chapter “altered sign,” as defined in LMC 18A.50.680 shall not include maintenance as that term is used in LMC 18A.50.680, Definitions.

C. Any alteration or change to a sign or any change in the sign copy requires a sign permit, except for a change in the sign copy where the sign copy is contained within a permanent framework and designed to be periodically replaced, or a message which changes on a changeable copy readerboard or a billboard.

D. A new sign or sign modification permit shall become null and void if the work for which the permit was issued has not been completed within six (6) months of issuance.

E. The Community Development Director shall not issue a sign permit for a freestanding sign or modification of a freestanding sign if a nonconforming freestanding sign exists on the subject property or contiguously owned properties; nor issue a sign permit for a wall sign or modification of a wall sign if a nonconforming wall or roof sign exists on the subject property or contiguously owned properties, except as provided in LMC 18A.50.675, Nonconforming Signs. (Ord. 534 § 3, 2011; Ord. 264 § 1 (part), 2001.)

18A.50.620Prohibited Signs.

The following signs are prohibited in all zoning districts:

A. Mobile readerboards.

B. Roof signs.

C. Non-utility and non-governmental signs on utility poles or traffic control devices, public sign posts, or other public utility devices.

D. Signs which, by virtue of their size, location, movement, content, coloring or manner of illumination, may be confused with traffic control signs or signals, including but not limited to signs containing words such as “stop,” “look,” and “danger,” and directional features such as lighted arrows.

E. Posters, pennants, banners, streamers, string pennants, blinking or flashing or strobe lights, balloons, searchlights, strings, twirlers, propellers, flares, and other displays of a carnival nature, blimps, or inflatables except as permitted in conjunction with a temporary sign pursuant to LMC 18A.50.665, Signs for Temporary Display.

F. Animated, emitting, moving, rotating, or visually projecting signs.

G. Vehicle signs, except as allowed pursuant to LMC 18A.50.625(B)(21)-(22), Sign Permit Exceptions.

H. Parking lot, curb or wheelstop painting, or advertising which is not restrictive or cautionary in nature.

I. Public address systems or sound devices used in conjunction with any sign or advertising device.

J. Obscenity. No sign shall bear or contain statements, words, or pictures in which the dominant theme appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material, that is utterly without redeeming social value.

K. Abandoned signs.

L. Off-premise signs, except as specifically permitted within this section.

M. Billboard signs, except as provided for in LMC 18A.50.635. (Ord. 534 § 4, 2011; Ord. 264 § 1 (part), 2001.)

18A.50.625Sign Permit Exemptions.

A. Exemption from the sign permit requirements of this Chapter shall not be deemed to grant authorization for any sign constructed, erected or located in any manner in violation of the provisions of this Chapter or any other laws or Ordinances of the City or the State of Washington.

B. A sign permit shall not be required for the following:

1. Professional nameplates not exceeding two (2) square feet of sign area.

2. Plaques, tablets, or inscriptions indicating the name of a building, date of erection, commemorative information, or historic designation provided it is:

a. non-illuminated; and

b. no more than two signs per site; and

c. a maximum twelve (12) square feet of sign area.

3. Signs owned and/or required by the State, City, or public utility entities indicating or warning of danger, aids to safety, traffic control, or traffic direction signs.

4. Tourist-related business signs associated with those highway tourist-related signs regulated by the Washington State Department of Transportation.

5. City sponsored or co-sponsored signs, banners, decorations or displays subject to approval of the Community Development Director. These signs, banners, and displays may be located on or over public rights-of-way with approval of the sign placement by the City Engineer.

6. Temporary signs for the purpose of announcing or promoting a City-sponsored or promoted community fair, festival, or event. Such decorations and signs may be displayed no more than fourteen (14) calendar days prior to and during the fair, festival, or event. All decorations and signs must be removed within five (5) calendar days following the end of the fair, festival or event. Temporary signs may be located on or over public rights-of-way with approval of the sign placement by the City Engineer.

7. Public art including sculptures, wall paintings, murals, collages, and other design features that do not incorporate advertising or identification.

8. “No soliciting,” “no trespassing,” tow-away zone,” or indications of danger or warning signs less than four (4) square feet in sign face size.

9. Maintenance of a legal sign in accordance with this section.

10. Signs intended to notify the public of public meetings or hearings and official or legal notices required, issued, sponsored, or posted by any public agency or court.

11. Incidental signs, provided for in LMC 18A.50.640

12. Religious symbols, when not included in a sign.

13. Decorative flags in commercial zones, on private property, within the confines of parking lots, landscape areas and on building frontages, which do not incorporate advertising, logos, or business identification; provided, that each individual flag does not exceed eighteen (18) square feet in sign area.

14. Identification signs installed on and pertaining to structures or improvements such as phone booths, charitable donation containers, and recycling boxes. Signs may not exceed ten (10) percent of the area of the structure’s facade or surface elevation upon which they are installed.

15. Building addresses with numbers and letters which comply with the requirements of the Uniform Building Code and the Uniform Fire Code.

16. Signs located inside of a building, painted on a window, or hanging inside of a window, provided that window signs shall be limited to forty (40) percent of the window area.

17. Strings of incandescent lights where the lights do not flash or blink in any way and do not unreasonably impact adjacent properties or street with excessive illumination or glare.

18. Reasonable seasonal and holiday decorations within the appropriate season. Such displays shall be removed within ten (10) calendar days following the end of such season or holiday.

19. Non-illuminated signs not exceeding four (4) square feet of sign area placed on lawns or buildings or in windows and containing a noncommercial political, religious, or personal message (subject to LMC 18A.50.665).

20. Gravestones or other memorial displays associated with cemeteries and mausoleums.

21. Vehicle signs painted or adhered directly and permanently on the vehicle, such as vinyl letters and logos, adhered magnetically, or inside a vehicle window, subject to the requirements of LMC 18A.50.630, General Sign Standards.

22. Public transit buses and taxis bearing rental advertising, subject to the requirements of LMC 18A.50.630, General Sign Standards.

23. Public Service directional signs, subject to the requirements of LMC 18A.50.630.

24. On-site directional signs that do not contain a business name or advertising. (Ord. 534 § 5, 2011; Ord. 264 § 1 (part), 2001.)

18A.50.630General Provisions.

The provisions of this section apply within all zone districts citywide and include rules for signs that may be approved to benefit the general public interest as well as general rules for the placement and maintenance of all signs.

A. Public Service Directional Signs. Non-advertising and non-promotional directional or informational signs of a public or quasi-public nature, such as religious, educational, medical and emergency facilities, citizen recognition signs, neighborhood welcome signs, signs indicating scenic or historic points of interest may be erected or maintained by an official or civic body. Tourist related highway business signs are subject to WSDOT rules and are not included here as public service directional signs. Public service directional signs may be located in any zone with the approval of the Community Development Director if all of the following standards are met:

1. The sign shall not exceed a nine (9) square foot sign face.

2. Such signs shall be directional or informational in nature only (no advertising other than name of the use and location allowed).

3. Signs are of a consistent size, color and style as established by the City.

4. No more than four (4) such signs for each use or occupancy shall be approved.

5. Such a sign shall meet all other applicable provisions of this section.

6. These signs may be located within the public rights-of-way with approval of the sign placement by the City Engineer.

7. Signs shall be located on arterial streets nearest the location unless otherwise approved by the Community Development Director.

B. Maintenance of Signs. All signs, including signs heretofore installed, shall be maintained in a constant state of security, safety, and repair. Signs which are allowed to fall into a state of disrepair to the extent they are unsightly, broken, or hazardous may be declared a nuisance by the Community Development Director and abated pursuant to LMC 18A.02.460, Enforcement.

C. No permanent sign shall be constructed, erected, or retained unless the sign and sign structure is constructed, erected, and maintained so as to be able to withstand the wind, seismic, and other regulations as specified in the Uniform Building Code or other applicable regulations.

D. Fire Safety Obstructing Signs. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway, or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that will substantially limit access to the building in case of fire.

E. Visibility. No sign or sign structure shall be placed or erected in any place or manner where by reason of its position it will obstruct the visibility of any vehicular, mobile, or pedestrian traffic or be hazardous to motorists' ingress and egress from parking areas.

F. Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid undue brightness, glare, reflection of light skyward, or onto private or public property in the surrounding area and so as not to unreasonably distract pedestrians and motorists. Illumination in excess of that which is reasonably necessary to make the sign visible from an adjacent street shall be prohibited.

G. Placement.

1. A sign shall not be affixed to a tree, shrub, rock or other natural object.

2. No unauthorized sign may be affixed to a utility pole, or other public structure.

3. Signs shall not be mounted on any portion of the roof or extend above the roof line unless mounted on a parapet wall. Signs shall not extend above the top edge of the parapet wall.

4. No sign shall project into a vehicular public way or be less than nine (9) feet above a pedestrian way.

5. No sign together with any supporting framework shall extend to a height above the maximum building height allowed in a zone.

6. Signs shall not cover architectural details such as, but not limited to, arches, sills, moldings, cornices, and transom windows.

7. Signs shall not obstruct traffic signals. The issuance of a sign permit as regulated by this code shall not relieve the permit holder from fully complying with the State of Washington or any other law governing the obstruction of any authorized traffic sign, signal or device.

8. Signs shall not obstruct vision clearance as determined by the City Engineer.

9. Signs shall not be placed within the public right-of-way except as specifically allowed in this section. No person, organization, or agency shall place any signs, indicators, advertisements, stakes, posts or any other foreign object or objects within a public street or the right-of-way of any public street in the City of Lakewood without the express permission, in writing, of the City Engineer. Any such objects now upon the public rights-of-way are hereby declared illegal, except for those now in place with written permission of the City Engineer and except for mailboxes or newspaper delivery tubes placed on the public right-of-way, with the approval of the City Engineer.

10. Unauthorized signs in the public right-of-way that the City Engineer determines to be located so as to present a hazard to the public health or safety may be immediately removed without prior notice.

11. Signs in or on vehicles, as allowed in LMC 18A.50.625(B)(21)-(22), shall be subject to the following requirements:

a. Graphics and letters identifying a business or its principal product, painted or adhered directly and permanently on the vehicle, such as vinyl letters and logos, adhered magnetically, placed inside a window, or otherwise securely mounted to a vehicle which is routinely operated in the normal course of business for delivery, pickup, or transportation.

b. Signs permanently adhered on rental vehicles, such as U-haul rental trucks, identifying the name of the rental company,

c. Private “for sale” signs placed in the windows of vehicles being sold by their owners, and

d. Signs depicting the price and model year of vehicles for sale at motor vehicle sales lots.

H. Identification. Any sign constructed or erected after the effective date of this Chapter that identifies a business must contain within its text an identification of the business name in the English language in order to aid public safety and emergency responses in locating the advertised business.

I. Transmission Lines - Clearance. Horizontal and vertical clearance of signs or sign structures from power and communication transmission lines shall not be less than twelve (12) feet.

J. Flagpoles. No flagpole shall extend to a height above the maximum building height allowed in the zone. A flagpole greater than six (6) feet in height shall require a building permit. All flagpoles shall be set back eight (8) feet from all property lines. Flagpoles greater than twenty-five (25) feet in height shall be set back an additional foot for each foot in height above twenty-five (25) feet.

K. Entrance and Exit Signs. Entrance and exit signs and/or other similarly worded directional signs, used for the purpose of controlling traffic, shall be limited to the following:

1. One (1) sign per entrance or exit.

2. Sign height shall not exceed thirty (30) inches.

3. Sign width shall not exceed sixteen (16) inches.

4. The maximum area of a sign face shall be four (4) square feet.

5. Advertisements shall not constitute more than twenty-five (25) percent of the total face area of the sign, and shall not distract the reader from the primary directional and traffic control function of the sign.

L. Bus Shelter Signs. To support the provision of transit bus shelters in Lakewood, signs are permitted when provided in conjunction with the City-approved Pierce Transit Lakewood Bus Shelter Program, subject to the following requirements:

1. A bus shelter sign is an accessory sign that is structurally integrated into a bus shelter approved for design, construction, and location by Pierce Transit and the City of Lakewood.

a. The maximum sign area is forty-eight (48) square feet for the entire shelter structure.

b. Sign setback requirements are waived.

c. Sign separation requirements are waived.

d. Bus shelter signage is exclusive of signage limits of the lot on which it is located.

e. A sign permit for a bus shelter sign may be issued where a nonconforming freestanding sign exists on the lot.

2. Signage shall only be permitted on shelters in accordance with the City-approved Pierce Transit Lakewood Bus Shelter Program.

M. Address Number Signs. Address number signs shall be provided for all properties as required by LMC 15A.14.030.Z (Ord. 536 § 1, 2011; Ord. 534 § 6, 2011; Ord. 483 § 28, 2008; Ord. 264 § 1 (part), 2001.)

18A.50.635Billboards.

A. The total number of billboard faces within the City of Lakewood shall not exceed the total number of billboard faces existing on the date of incorporation of the City.

B. The demolition or removal of any billboard face reduces the number of allowable billboard faces by the number removed.

C. In the event that the City of Lakewood annexes areas containing billboards after the date of incorporation, the total number of allowable billboard faces shall be increased by the number of faces existing in such areas on the effective date of annexation.

D. Any billboard sign in existence on the date of incorporation, or on the effective date of annexation, shall be considered nonconforming.

E. Removal or demolition of a billboard shall require the issuance of a demolition permit for the removal of the existing billboard. Billboard removal or demolition shall be completed within ninety (90) days of permit issuance.

F. Billboards shall not be altered or modified, except as provided in subsections “G,” “H,” and “I” below.

G. Ordinary and necessary maintenance and repairs that do not change the size, shape, orientation, height, or location of billboards shall not require a zoning certification, but may require a building permit. Billboard copy replacement may occur at any time and is exempt from the requirement for permits.

H. Billboards that have any projections that extend more than three (3) feet out from the surface of the billboard face shall not be modified, except to remove or reduce such projections.

I. Billboards that contain, include, or are illuminated by any flashing, intermittent, or moving lights shall not be altered or modified, except to remove or reduce such lights. Billboards shall not include lighting unless it is effectively shielded so that the light is directed to the billboard face and prevents beams or rays of light from being directed at any portion of the traveled ways of the highway or airways, or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle. Billboards found to have excessive illumination, at the sole discretion of the City, shall be modified in accordance with the City’s instructions.

J. Amortization of billboards shall be fulfilled as required in LMC 18A.50.675, Nonconforming Signs. (Ord. 264 § 1 (part), 2001.)

18A.50.640Provisions for Signs That are Permanent or Continuous Displays.

A. Table 18A.50.640 presents the dimensional standards and permit requirements by zone district for signs that are permanently installed or otherwise permitted for display without time restriction.

Zone Districts

Sign Standards1

Sign Type

Number Allowed

Min. / Max. Sign Size

Maximum Total Area

Maximum Height

Permit Rqd?

Residential (All R, MR, and MF Zones)

Subdivision

Monument

1 per primary entrance

0 sf. / 32 sf.

7’

Y

Each residential lot

All

1 per street frontage

0 sf. / 4 sf.

4 sf.

3’ for picket

N

MF with more than

6 units

Monument

1 per primary entrance

0 sf. / 32 sf.

7’

Y

Schools, churches and other permitted non-residential

Monument

1 per primary entrance

0 / 32 sf.

7’

Y

Wall2

Number limited by Total Area

0 / 50 sf.

5% of façade up to 50 sf

Y

Commercial / Industrial

All (excluding Freeway)

Monument

(by frontage)

Y

50’ or less

1

16 sf. / 24 sf.

24 sf.

7’

Y

More than 50’

Number limited by Total Area

24 sf. / 40 sf.

24 sf. plus 0.17 for each frontage foot over 50 sf.

7’

Y

A monument sign shall be separated from any other monument sign on the same property by a minimum 200’

Pole (by frontage)

Less than 250’

None

250’ to 500’

1 in trade for any 2 permitted Monument

24 sf. / 40 sf.

20’

Y

Over 500’

24 sf. /48 sf.

20’

Y

Wall2

200 per sign or group

10% of facade

Y

Window

40% of the window area on each wall.

N

Sale / Lease

1 per street frontage

16 sf. for ARC, TOC, NC; 32 sf. for others

10’

Y

Incidental

See Note #3 below

N

Portable

See Subsection #C.4 below

N

Freeway4

(Select TOC, C1, C2, IBP, I1)

Pole/Monument-Surface Street frontage

Same as Non-Freeway Commercial / Industrial

Y

Pole- Freeway Frontage

1 additional pole sign per freeway frontage. Min 60 l.f. surface street frontage req’d.

60 s.f. min/ 200 s.f. max. Must be within 50’ of freeway r.o.w.)

1 sq. ft. per lineal foot arterial frontage (min. 60 linear feet of surface street frontage to qualify for freeway pole sign)

35’ w/in 50’ of freeway

Y

Wall2, Window, Sale / Lease, Incidental, Portable

Same as Non-Freeway Commercial / Industrial

Open Space, Public, and Institutional (OSR1, OSR2, P1)

The Director shall review any request for signs in these districts and consider the type, size and location of the proposed signage in respect to the type and intensity of the use, and make a determination to approve, deny or modify the proposed sign(s) consistent with the intent of this chapter and the applicable zone district regulations.

B. Notes for Figure 18A.50.640

1. The following abbreviations are used in the Table:

Min. / Max. = Minimum / Maximum; sf = square foot or feet; Y = Yes; N = No; Rqd.= Required; r.o.w. = right-of-way.

2. Wall sign includes Projecting, Canopy, Awning, and Marquee signs.

3. Incidental signs are defined in LMC 18A.50.680. Incidental signs shall not be readily visible or legible from a public right-of-way. Incidental signs shall not individually exceed two (2) square feet or, cumulatively, one-half of one (1/2 of 1) percent of the building facade; provided, said size limitation shall not apply to signs providing directions, warnings or information when, established, authorized, or maintained by a public agency.

4. Freeway Commercial / Industrial. TOC, C1, C2, IBP, NC2 and I1 zoning districts which abut I-5, SR 512, Tacoma Mall Boulevard, or the BNSF rail-road right-of-way in Tillicum.

C. Additional requirements and explanations for specific Sign Types and situations:

1. Wall signs shall not project more that 18 (eighteen) inches from the façade of the supporting structure.

2. Projecting signs shall not extend more than 6 (six) feet from the attached building.

3. Freestanding signage for landlocked parcels.

a. For purposes of this section:

(1) A landlocked parcel is a parcel which does not have frontage on a public street and access to the parcel is provided through an adjacent parcel via a recorded access easement, or is a parcel that has less than 30 (thirty) feet on a public street and may or may not have access on that street.

(2) A host parcel is the parcel which provides the access to a landlocked parcel, via an easement.

b. A host parcel may share its allocation of freestanding signage with the landlocked parcel. The host parcel is under no obligation to grant the landlocked parcel use of its property for an easement or to grant part of its signage allotment.

c. Freestanding signage for the landlocked parcel shall be placed adjacent to the recorded access easement and shall only advertise those businesses located on the landlocked parcel and/or the host parcel.

d. In the case of landlocked parcels utilizing a host parcel for signage, the signage for the landlocked parcel shall not be considered to be off-premise signage.

[Added]

4. Standards for Portable Signs Intended for Continuous Display:

Any business may display one portable sign, either a freestanding sign such as an A-Frame or a T-Frame, or a banner, on a continuous basis under the terms of this subsection. Portable signs permitted under this subsection are in addition to any permanent or temporary signs otherwise permitted by this Chapter. No permit is required if the portable sign complies with the following standards:

a. The sign must be located on private property on which the business is located (with the permission of the property owner) and shall not be located within the public right-of-way. On-site portable signs that are not generally visible from the public right-of-way or property are not considered signs under this Chapter.

b. The sign shall not block critical sight distances for the adjacent roadway, or for vehicles entering or exiting the roadway to or from a lawfully established driveway.

c. The sign may not block any pedestrian way. A minimum of 48 (forty-eight) inches clearance shall be provided.

d. The sign shall not block or interfere with any vehicular circulation, maneuvering or parking areas.

e. The maximum size for an A-Frame or T-Frame sign displayed under this subsection shall be 36 (thirty-six) inches wide and 48 (forty-eight) inches high.

f. The maximum size of a banner allowed under this subsection shall be 40 (forty) square feet.

g. Banners shall be displayed against a building wall, and shall be maintained in good condition. Torn, faded, dirty, dingy, or shredded banners shall be removed immediately. Banners displayed on a continuous basis are in addition to the allotment of permanent wall signs for the business.

h. Freestanding portable signs shall be separated from each other by a minimum of 50 (fifty) feet.

i. Only one portable sign per business may be displayed on a permanent basis under the terms of this section. A business may display a freestanding portable sign (A-Frame/ T-Frame) or a banner, but not both, under the terms of this subsection. For the purposes of this subsection, separate business entities occupying one tenant space shall be considered a single business. Additional portable signs may only be displayed on a temporary basis subject to the provisions of Section 18A.50.665, Signs for Temporary Display.

j. Freestanding portable signs permitted under this section shall be displayed only during regular business hours when the business is open, and shall be removed during those times when the business is closed.

k. No balloons, streamers, stringer pennants, festoons, or other similar devices are permitted in conjunction with signs displayed under this subsection. Such devices may be allowed on a temporary basis as permitted under Section 18A.50.665, Signs for Temporary Display.

l. Preference shall be given to conventional, non-portable signs lawfully erected and intended for display on a permanent basis. Signs displayed under this subsection shall be subject to all applicable standards and provisions of this Chapter.

5. Landscaped berm and decorative block edged berm alternatives for a monument sign.

a. Landscaped berms or decorative block edged berms of 2 (two) feet or less in height shall not be included in the height calculations of a ground sign. Berms of more than 2 (two) feet in height shall be counted toward the sign height calculation. Landscaped berms shall have a slope ratio of not more than 1:3 height-to-width, from the center of the berm to be considered a landscaped berm.

[Added]

6. Major Commercial or Employment Centers within the NC1, NC2, CBD, TOC, C1, C2, IBP, I1 and I2 zoning districts.

a. A major commercial center or employment center is an integrated development with contiguous ownership larger than 10 (ten) acres in size. Contiguous properties under separate control, but which function as an integrated center and when combined are larger than 10 (ten) acres in size, may be considered a major center.

b. Major commercial and employment centers may vary from the development standards of this section by obtaining approval of an Integrated Sign Plan for the center.

(1) The sign plan for the center shall be reviewed either separately or as part of the conditional use permit for the project.

(2) In approving the sign plan for the center, the Hearing Examiner shall make a finding that the sign plan is proportionate to the intensity of the major commercial or employment center and consistent with the intent of this code. (Ord. 534 § 7, 2011; Ord. 264 § 1 (part), 2001.)

18A.50.645Signs in the Single-Family and Mixed Residential 1 Zoning Districts. (Repealed)

(Repealed Ord. 534 § 8, 2011; Ord. 264 § 1 (part), 2001.)

18A.50.650Signs in the Mixed Residential 2 and Multifamily Zoning Districts. (Repealed)

(Repealed Ord. 534 § 9, 2011; Ord. 264 § 1 (part), 2001.)

18A.50.655Signs in the Commercial and Industrial Zoning Districts. (Repealed)

(Repealed Ord. 534 § 10, 2011; Ord. 277 § 1 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.50.660Special Use Signs. (Repealed)

(Repealed Ord. 534 § 11, 2011; Ord. 264 § 1 (part), 2001.)

18A.50.665Signs for Temporary Display.

A. Signs for temporary display are allowed according to the standards and permit requirements of Table 18A.50.665 below. There are five (5) activity categories of temporary signs: Real Estate/Development, Political, Special Event, Private Sales and Temporary Use.

Temporary Sign Activity

Temporary Sign Standards

Number Allowed

Max Size per Sign (sq. feet)

Max Height (feet)

Other Provisions

Permit?

Apply to all Zones

Real Estate / Development

Construction

4

32

Permit expires with project completion; signs may be freestanding or attached to site fencing or walls; signs shall be on-premises only. Total area allowance is 128 sf per site.

Condition of Building Permit

Subdivision & Condominium

4

16 for 8 or fewer lots / units; 32 for more than 8

7

Only one on-premise sign per street frontage; permit expires within 2 years of preliminary plat approval or sale of 75% of lots / units. No off-premise placement. Total area allowance is 128 sf per site.

Condition of Preliminary Plat

Residential Sale or Rent

1 per street frontage

4 for ‘R’; 8 for ‘MR/MF’; 12 for other zones

4 in ‘R’ zones; 7 in other zones

Display only while property is actively for sale, rent, or lease; No off-premise display except for Open House (below).

N

Residential Open House (Off-Premise)

4

4

3

Allowed only for single-family dwellings for sale. Display shall be only on open house days.

N

Political

4 per sign or aggregated display

Signs placed in the public right-of-way shall not impede public circulation or create a hazard to circulation and shall not be located within a vision clearance area. Signs may be placed on fences, buildings, or other structures, in windows, or on pickets. Signs may be placed on private property only with the permission of the property owner or occupant. Display is limited to 60 days before and 10 days after an election.

N

Special Events

Grand Opening; business closing

Poster / banner: 32

A-frame, T-frame or picket signs: 6

A-frame, T-frame or picket signs: 4

One 30-day display period per new business or organization opening or business closing. Two Incidental signs / devices are also allowed. Total sign face area shall not exceed eighty (80) square feet.

Y

City-sponsored Community Events

Signs, banners, or displays as approval by the Community Development Director.

Displays may be located on or over public rights-of-way with approval of the sign placement by the City Engineer

N

Non-Profit Events

1 per arterial frontage (minimum 1)

Poster / banner: 32

A-frame, T-frame or picket signs: 6

A-frame, T-frame or picket signs: 4

Applicant must meet definition of Non-Profit Community Organization in LMC 18A.50.680 Definitions. Maximum of one 15-day event per calendar quarter. Total sign face area shall not exceed eighty (80) square feet.

Y

Private Sales (Garage / Estate)

Residential

Uses Only

1

on-premise;

4 off-premise

4 per sign face

3

Display only on days of sale and not to exceed12 continuous days in any 90-day period. A-frame, T-frame or picket style freestanding sign only; signs shall be located within ½ mile of the sale site, except that (1) sign may be placed at the nearest arterial street; signs may be placed on private property only with the permission of the owner or occupant.

N

Temporary Use

50

Only issued in association with and as a condition of a Temporary Use permit; not issued if another temporary sign permit is active; on-premise only; total allowed area not exceed 50 square feet. (Also see LMC 18A.10.520)

Condition of Temporary Use Permit

B. Notes for Table 18A.50.665

1. Temporary use sign permits shall not be issued for detached or attached dwellings.

2. Failure to comply with the conditions in this Chapter and the issued permit shall result in immediate enforcement pursuant to LMC 18A.02.460, Enforcement. In addition, the subject applicant, business, and location shall be ineligible for a temporary sign permit for a period of one (1) year.

3. Attachments to a temporary sign, including lighting, shall be prohibited

4. Alteration of required landscaping in any manner shall be prohibited.

5. Up to two (2) of the following types of devices and displays may be permitted as accessory to one (1) or more temporary signs if such devices are included in the special event temporary sign permit:

a. Streamers.

b. Stringer pennants.

c. Strings of twirlers or propellers.

d. Balloons. (Ord. 534 § 12, 2011; Ord. 317 § 10, 2003; Ord. 307 § 25, 2003; Ord. 264 § 1 (part), 2001.)

18A.50.675Nonconforming Signs.

A. Any sign which does not conform to the sign standards within this chapter, for which a permit was issued by Pierce County prior to February 28, 1996, and which was constructed, erected, and maintained in compliance with applicable Pierce County regulations shall be regarded as a legal non-conforming sign; excluding those signs that are prohibited under LMC 18A.50.620, Prohibited Signs.

B. Nonconforming Sign Permits.

1. A permit is required for each legal nonconforming sign within the city of Lakewood.

2. The permit shall include the necessary information pertaining to the nonconforming status of the sign for administrative tracking, public notice, amortization (if applicable), and removal of the sign in accordance with this title.

3. All property owners, lessors, or businesses with control of a nonconforming sign within the city shall obtain a nonconforming sign permit for each nonconforming sign within ninety (90) days of notification by the City of Lakewood.

4. No fee shall be charged for required nonconforming sign permits which are obtained within ninety (90) days of notification by the City of Lakewood. Owners of signs who have not obtained the required permit prior to the stated deadline shall be assessed a permit fee for administration of the permit.

5. Changes to nonconforming signs, as allowed pursuant to this title, shall be permitted by documenting the nature and extent of the change on a nonconforming sign permit.

C. Any legal nonconforming sign which is structurally altered, relocated, or replaced shall immediately be brought into compliance with all of the provisions of this title, excluding the, repair, and/or restoration of a sign to a safe condition. Normal maintenance shall be permitted on any part of a sign or sign structure without loss of nonconforming status. Sign face changes that do not result in an increase of the nonconformity shall be allowed, except as specifically prohibited in this chapter.

D. All nonconforming signs not exempted by subsection E below shall be removed or modified to conform with current sign standards no later than December 31, 2006. A sign permit shall be obtained for any sign modifications necessary to bring signs into conformance. Pursuant to subsection C, all non-conforming signs required to be modified or replaced by this section shall be brought into full compliance with the provisions of this code.

E. Signs for which permits were issued by Pierce County prior to February 28, 1996, if they are within 25 percent of the height and area requirements of the current sign standards as of the effective date of this Ordinance, shall be exempt from the provisions of subsection D above. In addition, any sign erected pursuant to a valid sign permit issued by the City of Lakewood at any time since incorporation of the City shall be exempt from the provisions of subsection D above. These exemptions shall not apply to any sign listed as a prohibited sign. If the removal of a non-conforming sign is subject to compensation by the City pursuant to RCW 47.42, the Highway Scenic Control/Scenic Vistas Act, an exemption may be provided for said sign at the discretion of the City Manager.

F. In addition to the provisions of subsection D, all nonconforming signs not exempted by subsection E shall be removed or brought into conformance prior to December 31, 2006, under the following conditions:

1. In conjunction with any administrative use permit, conditional use permit, variance, subdivision, change in use, or building permit application for an expansion or alteration (including new structures) on the property on which the sign is located, where the cost of the expansion, alteration, or new construction is greater than twenty-five (25) percent of the value of the existing structure(s) on the site. This calculation shall include cumulative value, adjusted for inflation, of all expansions, alterations, and new construction initiated since incorporation of the City.

2. Within ninety (90) days of the demolition or destruction of any portion of a building containing the use to which a non-conforming sign is accessory, where the value of that portion of the building is greater than fifty (50) percent of the appraised value of the entire building

3. Within ninety (90) days of damage of the sign by catastrophic events, such as earthquakes, floods and wind, vandalism, fire or other casualty such that the cost of repair and restoration of the sign, to the same or a more conforming design, exceeds fifty (50) percent of the cost of replacing the sign with a conforming sign. The Building Official may require that such sign be removed or repaired in less than ninety (90) days if the sign is deemed to be an immediate danger to the public.

4. Upon notice by the City that the sign is in a state of disrepair, is unsafe, or may become a danger to the public, providing the costs of repair and restoration of the sign exceeds fifty (50) percent of the cost of replacing the sign with a conforming sign.

5. Upon notice by the City that the sign constitutes a traffic hazard not created by the relocation of streets or highways or the result of acts by the City.

G. Any signs not removed within the time limit specified in Section D above, or as otherwise ordered by the City shall be deemed a public nuisance, subject to the removal provisions of this chapter, and shall be removed by the City if the sign owner or property owner fails to do so after being so ordered by the Community Development Director. Costs, including administrative and indirect costs, of said removal shall be borne by the sign and/or property owner and may be recovered by the City, if necessary, by placing a lien on the property from which the sign has been removed.

H. Amortization. To ease the economic impact of this code on businesses with legal nonconforming signs subject to removal under subsection D, this code has provided for a limited period of use for a nonconforming sign in its existing state. During this period, it is expected that the sign will be amortized on federal income taxes; however, whether it may be so amortized shall not affect the application of this section. Similar treatment shall be accorded signs in new areas annexed to the City. (Ord. 385 § 1, 2005; Ord. 317 § 11, 2003; Ord. 264 § 1 (part), 2001.)

18A.50.680Sign Definitions.

For the purposes of this chapter, the following definitions shall apply:

A. ABANDONED SIGN. Any sign that has been deserted and its effective use terminated, and which no longer fulfills the purpose for which it was constructed.

B. A-FRAME OR T-FRAME SIGN. A temporary, portable, freestanding, and self-supporting sign which may be either single- or double-faced, forming an “A” shape, or on a pole attached to a flat base.

C. ALTERATION SIGN. Any change in size, shape, position, location, construction, or supporting structure of a sign. A change in copy is not an alteration.

D. ANIMATED SIGN. A sign which has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means. Animated signs include, but are not limited to, changing or moving pictures, drawings, and designs regardless of the means and mechanisms of the animation; and message display changes at intervals of five seconds or less.

E. AWNING SIGN. Any sign painted on, attached to, or supported by an awning.

F. BALLOON. A decorative inflatable device with a diameter of less than eighteen (18) inches, generally composed of a thin layer of latex or mylar. The tether of a balloon is less than twelve (12) feet in length (see “blimp”).

G. BANNER SIGN. A typically rectangular or square shaped sign, of cloth or other similar material, bearing a commercial message, motto, or slogan. A banner may have a message and/or display a commercial graphic or symbol. It can vary in size, color, and design.

H. BILLBOARD SIGN. A sign that contains a message or directs attention to a business, profession, product, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding road directional signs, and which is generally available by means of rental or lease to persons other than the owner of the sign. A billboard sign includes the sign face(s) that contains the message or direction noted above, as well as the pole or other structure upon which the sign face is attached.

I. BILLBOARD SIGN FACE. That portion of a billboard, exclusive of its structural support, on which changeable advertising copy is displayed either by affixing pre-printed poster panels or by painted copy.

J. BLIMP. An advertising or decorative device with a diameter or combined diameter of eighteen (18) inches or larger that is inflated by some means and is used to attract attention, advertise, promote, market or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display. A balloon with a tether longer than twelve (12) feet is considered a blimp.

K. BUSINESS SIGN. A sign that directs attention to a business, commodity, goods, service or entertainment conducted, sold or offered on the premises.

L. CANOPY SIGN. A sign attached to the underside of a canopy.

M. CONSTRUCTION SIGN. A temporary sign placed in advance of occupancy of a building or structure indicating the name of the building or structure, the architects, the contractors and other information regarding the building or structure.

N. DIRECTIONAL OR INFORMATIONAL SIGN. A sign designated to guide or direct pedestrians or vehicles.

O. EMITTING SIGN. A sign which emits sound, odor, or visible matter such as smoke or steam.

P. FLAG. An individual piece of cloth or other similar material, varying in size, shape, color, and design, affixed to a staff or pole. A flag is used as a symbol of a nation, state, city, or organization; or it may be merely decorative. A “pennant” is a shape of flag, however one (1) “string pennant” is not a flag.

Q. FLASHING SIGN. Any illuminated sign on which the artificial light is not maintained in a stationary status and/or remain constant in intensity and color at all times when such sign is in use.

R. FLASHING SIGN. An illuminated sign may utilize action or motion, or light or color.

S. FREESTANDING SIGN. A sign that is self-supported on a structure used exclusively or primarily for the support of the sign or for a group of signs, being detached from any building or structure.

T. GATE OR ENTRANCE SIGN. A sign attached or adjacent to an entranceway of a residential site or subdivision, which identifies the site or subdivision.

U. GRAND OPENING. The celebration or promotional period beginning on or shortly after the date when a new, permanent business or use if first opened for business in a permanent, fixed building. A grand opening must occur at or near the beginning of a business operation and can only occur once during the lifetime of the operation. For the purposes of this definition, Grand Re-Opening, Under New Ownership, Under New Management, or similar type events shall be allowed for the following: a change of business location; construction of a new business structure; major remodeling or expansion valued at $50,000 or more; change of ownership; change of general management; or change of name, provided that such event is for a permanent business in a permanent, fixed building and occurs on or about the date of the above changes in business.

V. IDENTIFICATION SIGN. A sign used only for the purpose of identifying the occupancy of a building, structure or property.

W. INFLATABLES. A decorative device with a diameter or combined diameter of 18 inches or larger that is inflated by some means and is used to attract and/or promote attention to a site or service. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display. Blimps are not considered inflatables.

X. ILLUMINATED SIGN. A sign designed to give forth artificial light or reflect such light from an artificial source.

Y. INCIDENTAL SIGN. Signs, emblems, and decals attached to a primary building which are designed to provide general building and limited non-advertising business information and may include but are not limited to signs designating restrooms, hours of operation, acceptable credit cards, property ownership or management, and phone booths. Incidental signs shall not be readily visible or legible from a public right-of-way. Incidental signs shall not individually exceed two (2) square feet or, cumulatively, one-half of one (1/2 to 1) percent of the building facade; provided, said size limitation shall not apply to signs providing directions, warnings or information when, established, authorized, or maintained by a public agency.

Z. INDIRECTLY ILLUMINATED SIGN. An illuminated nonflashing sign whose illumination is derived entirely from an external artificial source and which is arranged so that no direct rays of light are projected from such source into residences or the street.

AA. Integrated Sign Plan. A special sign entitlement available to Major Commercial or Employment Centers as defined in this Code. An integrated sign plan is subject to review and approval by the Hearing Examiner using the procedures provided for conditional use permits.

BB. MARQUEE SIGN. Any sign painted on, attached to, or supported by a marquee.

CC. MOBILE READERBOARD SIGN. Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support constructed without wheels is converted to an “A” or “T” frame sign, or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. It is characteristic of such a mobile readerboard that the space provided for advertising matter consists of a changeable copy sign.

DD. MONUMENT SIGN. A freestanding sign which is affixed in or upon the ground with no air space between the ground and the sign face.

EE. NONCONFORMING SIGN. Any sign legally established prior to the effective date of this title or subsequent amendments thereto, which is not in full compliance with the regulations of this title.

FF. NON-PROFIT COMMUNITY ORGANIZATION. Any organization that qualifies as a non-profit entity under the provisions of section 501(c)(3) of the IRS federal tax code, including but limited to children’s clubs, religious institutions, fraternal organizations, public schools, and governmental organizations.

GG. OFF-PREMISE SIGN. A sign that contains a message or directs attention to a business, profession, product, activity, or service that is not directly related to a use or activity conducted or offered on the premise or at the location where the sign is located, excluding road directional signs.

HH. ON-PREMISE SIGN. A sign identifying a business, product, service or activity conducted or sold on the same premises as that on which the sign is located.

II. PAINTED SIGN. A sign which is painted on any office, wall, window, fence or structure of any kind.

JJ. POLE SIGN. A freestanding sign where the sign face is elevated above the site grade by structural supports, and includes the supports.

KK. POLITICAL SIGN. A sign advertising a candidate for political office or a measure scheduled for election.

LL. PORTABLE SIGN. A sign that is not permanently affixed to the ground or to a building or structure and which may be easily moved.

MM. PROJECTING SIGN. A two-faced wall sign affixed to the exterior wall of a building or structure with the exposed faces perpendicular to the plane of such wall.

NN. READERBOARD OR CHANGEABLE MESSAGE SIGN. A sign or part of a sign on which the letters are readily replaceable such that the copy can be changed.

OO. ROOF SIGN. A sign or sign structure erected upon, against or directly above a roof or above the vertical parapet wall of a building, including a sign affixed to any structure erected upon a roof.

PP. SIGN. Any structure, device, letter, figure, character, poster, picture, logo, trademark or reading matter which is used or designed to announce, declare, demonstrate, display or otherwise identify or advertise, or attract the attention of the public. Including, but not limited to every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark, plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed visible from a public right-of-way or public property; and shall include all parts, portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof.

QQ. SIGN AREA. The total area of all sign faces expressed in square feet.

RR. SIGN FACE. The total area of one sign face expressed in square feet. Area is measured from the outside perimeter, including backup, molding, framing, but excluding structural supports, architectural details, decorative scrollwork, etc. The area of a group of individual mounted letters or figures shall be the area of the smallest single geometric form necessary to enclose the entire group of letters or figures.

SS. SIGN HEIGHT. The distance from ground level to the highest point on the sign structure.

TT. SPECIAL USE SIGN. A sign intended to be displayed for a limited time and which is not permanently mounted, that advertises political issues or candidates, private sales, residential sale/rent/lease, commercial and industrial sale/rent/lease, or is a short term contractor’s sign.

UU. STRING PENNANT. A series of shapes, signs, streamers, or other similar devices made of fabric, plastic or other material which are connected together or attached to a cord to create a rope-like device that is typically displayed between poles or buildings. String pennants may contain advertising or be decorative. String pennants can vary in size, color, or design.

VV. SUBDIVISION SIGN. A sign erected and maintained within the boundaries of a recorded subdivision and indicating the name of the subdivision, the name of the contractor or subdivider and the name of the owner or agent, and giving information regarding directions, price or terms.

WW. TEMPORARY SIGN. A sign intended to be displayed for a limited time and which is not permanently mounted, that advertises non-profit community or civic events, special events, temporary uses, a subdivision, or is an interim sign for a business.

XX. VEHICLE SIGN. The use of a vehicle as a sign, any sign which is attached to or placed on a parked vehicle or trailer which is principally used for advertising purposes rather than transportation, any advertising or advertising space for which the owners or operator of the vehicle receives any compensation, except public transit buses bearing rental advertising.

YY. VISUALLY PROJECTED SIGN. A sign which is projected, by whatever means, onto a surface or into the air.

ZZ. WALL SIGN. Any sign painted on or attached directly to or erected against and supported by a building wall, or facade, with the exposed face of the sign in a plane parallel to the portion of the structure to which it is attached. (Ord. 534 § 13, 2011; Ord. 277 § 1 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.50.700Housing Incentives Programs.
18A.50.710Purpose - Housing Incentives Program.

The City is responsible for establishing regulations that will result in housing opportunities for all of its residents, no matter what their economic means. To that end, the City’s comprehensive plan contains policies designed to encourage affordable housing. Not only are a number of regulatory tools available to help stimulate the development of desired housing in the city, but some of these tools benefit the city by dispersing low-income units throughout the city so as to avoid perpetuating existing concentrations of poverty. The provisions contained herein would allow a project proponent to receive more return from a project through additional density, relaxed development standards, and discounted review fees in return for helping meet public goals. (Ord. 284 § 2, 2002; Ord. 264 § 1 (part), 2001.)

18A.50.720Applicability - Housing Incentives Program.

This section applies, at the developer’s option, to land-use applications for rental housing in all zones, except the construction of a single-family dwelling on one (1) lot that can accommodate only one (1) dwelling based upon the underlying zoning designation, excluding accessory dwelling units allowed under LMC 18A.20.900 and the underlying zoning. This section shall not apply to congregate care and group living facilities. (Ord. 284 § 3, 2002; Ord. 264 § 1 (part), 2001.)

18A.50.730General Provisions - Housing Incentives Program.

All housing developed under these standards shall meet all applicable federal, local, and state guidelines and requirements for limiting occupancy to identified qualified groups. (Ord. 264 § 1 (part), 2001.)

18A.50.740Inclusionary Density Bonuses - Housing Incentives Program.

A. Rate and calculation. In return for the inclusion of a number of “qualified,” as defined herein, on-site units dedicated to serving and reserved for occupancy by very-low- and/or extremely-low income, as defined herein, persons, families, or groups, one (1) additional, on-site market-rate unit is permitted as a bonus for each qualified very-low-income unit provided, and 1.5 additional, on-site market rate units are permitted as a bonus for each qualified extremely-low-income unit provided, up to a maximum percentage above the maximum density permitted in the underlying zoning district as shown below.

Zoning District

Maximum %

Additional Density

R1, R2, R3, R4

10

MR1, MR2; ARC; NC1, NC2

15

MF1, MF2, MF3

20

CBD, TOC

25

B. Duration. Prior to the final approval of any land-use application for which density bonuses are being sought, the owner of the affected parcels shall deliver to the City a duly executed covenant running with the land, in a form approved by the City Attorney, requiring that the qualified dwellings created pursuant to this section shall remain as such for a period of at least twenty (20) years from the commencement date. The covenant shall form an enduring contractual agreement between the owner/applicant and the City. The owner/applicant shall be responsible for the cost of preparing and recording the covenant, and the owner/applicant or subsequent owner(s) or operator(s) shall be responsible for administering the covenant. The commencement date shall be the date that the first lease agreement with a qualified renter becomes effective.

C. Siting of Units. The qualified units constructed under these provisions shall be integrated and dispersed within the development for which the density bonus is granted. The physical segregation of qualified housing units from unqualified market-rate housing units, or the congregation of qualified housing units into a single physical portion of the development, is prohibited.

D. Size of Units. The size of the qualified units constructed under the provisions of this chapter shall be proportionate to the size of the units contained in the entire project, i.e., if fifty (50) percent of the units in the project are one-bedroom units and fifty (50) percent are two-bedroom units, then the qualified units shall be divided equally between one- and two-bedroom units.

E. Appearance of Units. Qualified units shall possess the same style and architectural character and shall utilize the same building materials as market-rate units.

F. Completion. If a project is to be phased, the proportion of qualified units to be completed with each phase shall be determined as part of the phasing plan approved by the Community Development Director. (Ord. 284 § 4, 2002; Ord. 264 § 1 (part), 2001.)

18A.50.750Development Standard Modifications.

In order to accommodate bonus housing units awarded under this program, the development standards set forth separately in this code may be modified as follows for properties containing qualified housing units:

A. Lot Coverage. Where it does not conflict with surface water management requirements, the maximum percent of lot coverage may be increased by up to five (5) percent of the total square footage over the maximum lot coverage permitted by the underlying zoning district.

B. Parking Requirements. For multifamily developments containing qualified housing, the percentage of compact parking stalls may be increased up to fifty (50) percent of the total required parking. In addition, for multifamily developments containing qualified housing dedicated to extremely-low-income, as defined herein, persons, families, or groups, the number of required parking stalls serving such units shall be reduced by fifty (50) percent.

C. In circumstances where housing serving qualified populations is located within one quarter (1/4) mile of transit routes and can be shown to generate significantly lower-than-average parking demand, parking requirements may be further reduced at the Community Development Director’s discretion. The applicant shall be responsible for preparing any additional studies or evaluation required to provide evidence of demand.

D. Building Height. The maximum building height may be increased by up to twelve (12) feet for those portions of the building(s) at least twenty (20) feet from any property line. (Ord. 284 § 5, 2002; Ord. 264 § 1 (part), 2001.)

18A.50.760Fee Reduction - Housing Incentives Program.

In order to further stimulate the provision of qualified units under this program, review fees for land-use applications and building permits for properties containing housing units dedicated to serving very-low-income and/or extremely-low-income, as defined herein, persons, families, and groups shall be reduced by the percentage shown below at the time of application. Discounts shall be applicable to the entire scope of the application, including both standard and qualified units, and shall correspond with the percentage of dedicated qualified units in the overall project. For properties containing both levels of qualified units, the highest discount shall apply. For projects dedicating in excess of 50 percent of units to qualified housing, a standard 75 percent discount shall apply. Any available refunds for applications withdrawn in progress shall also be discounted correspondingly.

% of Qualified Units

Discount for Very Low Income

Discount for Extremely Low Income

0 – 10 percent

10 %

15%

11 – 20 percent

20 %

25%

21 – 30 percent

30 %

35%

31 – 40 percent

40 %

45%

41 – 50 percent

50 %

55%

(Ord. 284 § 6, 2002; Ord. 264 § 1 (part), 2001.)

18A.50.770Review Process - Housing Incentives Program.

A preapplication conference will be required for any land-use application that includes a proposal for density bonus under this program. Density bonus proposals shall be reviewed and approved concurrently with the primary land-use application and shall follow the established procedures for review and appeal, if necessary, of the permit type. (Ord. 264 § 1 (part), 2001.)

18A.50.780Monitoring - Housing Incentives Program.

The Community Development Department shall maintain a list of all qualified units created under this program. On a yearly basis, the property owner shall provide the City with a signed affidavit of compliance with the terms under which any qualified units have been dedicated. In conjunction with comprehensive plan review and amendment processes, the level and type of unit production and other factors relating to this program shall be evaluated to gauge how effectively these regulations are functioning and to direct necessary adjustments in the program. (Ord. 284 § 7, 2002; Ord. 264 § 1 (part), 2001.)

18A.50.790Definitions - Housing Incentives Program.

For the purposes of this chapter, the following definitions shall apply:

A. VERY LOW INCOME. An individual, family, or unrelated persons living together, regardless of age or ability, whose adjusted gross income is fifty (50) percent or less of the median income, adjusted for household size, as determined by the United States Department of Housing and Urban Development for the Tacoma Primary Metropolitan Statistical Area.

B. EXTREMELY LOW INCOME. An individual, family, or unrelated persons living together, regardless of age or ability, whose adjusted gross income is thirty (30) percent or less of the median income, adjusted for household size, as determined by the United States Department of Housing and Urban Development for the Tacoma Primary Metropolitan Statistical Area.

C. QUALIFIED UNIT. Residential housing for rental occupancy which, as long as the same is occupied by a very-low-income or extremely-low-income, as defined herein, household, requires payment of monthly housing costs, including utilities other than telephone, of no more than thirty (30) percent of the resident’s or residents’ income(s). (Ord. 284 § 8, 2002; Ord. 264 § 1 (part), 2001.)

18A.50.800Performance Standards.
18A.50.810Purpose - Performance Standards.

Performance standards deal with the operational aspects of land uses and their impacts on other adjacent uses, the community and the general public. The intent of this section is to provide standards and regulations to minimize and mitigate the potential adverse effects of industrial and commercial development to other properties, development and people. (Ord. 264 § 1 (part), 2001.)

18A.50.820Applicability - Performance Standards.

While performance standards are primarily concerned with the impact of industrial development upon the environment, performance standards shall apply to all land uses within the city. Within the CZ, AC1 and AC2 zoning districts, which have their own performance standards, the most restrictive standard shall apply. Continued compliance with the performance standards shall be required of all uses, except as otherwise provided for in this title. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition. The following elements, if created, may become dangerous, injurious, noxious or otherwise objectionable under the circumstances, and are then referred to as dangerous or objectionable elements:

A. Noise, vibration or glare.

B. Smoke, dust, odor or other form of air pollution.

C. Heat, cold or dampness.

D. Hazardous substances and wastes. (Ord. 264 § 1 (part), 2001.)

18A.50.830Nonconforming Uses - Performance Standards.

Uses established before the effective date of this title, which are nonconforming as to performance standards shall be given five (5) years from the date of adoption of this title in which to conform therewith. (Ord. 264 § 1 (part), 2001.)

18A.50.840Location.

The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the dangerous or objectionable elements and at any points where the existence of such elements may be more apparent; provided, however, that the measurement of performance standards for noise, vibration, odors, glare or hazardous substances or wastes shall be taken at the property lines and/or at the buffer zone setback line for any hazardous substance land use facility, in all zoning districts. (Ord. 264 § 1 (part), 2001.)

18A.50.850Restrictions on Dangerous and Objectional Elements.

A. Noise. The provisions of LMC 8.36, Noise Control, shall apply. In addition, frequent, repetitive or continuous sounds emanating from any use or facility, other than transportation facilities or temporary construction work shall not exceed seventy-five (75) decibels at the property lines. If the Community Development Director determines it to be necessary or has reason to believe that noise levels are being exceeded, the owner and/or operator of a use or facility shall be required to provide noise reading data for noise levels at all property lines.

B. Vibration. No vibration shall be permitted which is discernible without instruments at the points of measurement specified in this section.

C. Odors. No emission shall be permitted of odorous gases or other odorous matter released from any operation or activity in such quantities so as to exceed the odor threshold beyond lot lines. The odor threshold shall be defined as the concentration in the air of a gas or vapor which will just evoke a response in the human olfactory system.

D. Glare. No direct or reflected light or glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, so as to be visible at the property lines or skyward beyond the building height of the zone, shall be permitted. This restriction shall not apply to signs or lighting of buildings for security protection purposes as permitted by this title.

E. Radioactivity or Electrical Disturbance. The regulations of the federal occupational safety and health standards shall apply for all radioactivity and electrical disturbance unless local codes and ordinances supersede this federal regulation.

F. Fire and Explosion Hazards. The relevant provisions of federal, state and local laws and regulations shall apply.

G. Smoke, Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. The standards of the Puget Sound Air Pollution Control Agency, Regulation I, or those regulations as may be subsequently amended, shall apply.

H. Liquid or Solid Wastes. No discharge of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer, private sewage disposal system or stream, or into the ground, except in accord with standards approved by the State Department of Ecology or other appropriate state agencies.

I. Hazardous substances or wastes. No release of hazardous substances or wastes which could contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer, private sewage disposal system, watercourse or water body, or the ground, except in accordance with standards approved by the State Department of Ecology or other appropriate state or federal agency. The relevant provisions of federal, state and local laws and regulations shall apply, and compliance shall be certified by applicants for permits under this title. The following site development standards shall apply:

1. Hazardous waste facilities shall meet the location standards for siting dangerous waste management facilities adopted pursuant to Chapter 70.105 RCW.

2. Hazardous substance land use facilities shall be located at least:

a. Two hundred (200) feet from unstable soils or slopes which are delineated in a geo-technical report or on a critical areas hazard area map.

b. Two hundred (200) feet from the ordinary high-water mark of major or minor streams or lakes which are delineated in a wetland report or on a critical areas wetlands area map, and from shorelines of statewide significance or shorelines of the state.

c. One-quarter (1/4) mile from public parks, public recreation areas or natural preserves, or state or federal wildlife refuges; provided, that for purposes of this section public recreation areas does not include public trails.

d. Fifty (50) feet from any property line to create and serve as an onsite hazardous substance land use facility buffer zone. The buffer zone setback line for any hazardous substance land use facility shall apply to all such facilities in all zoning districts.

e. Five hundred (500) feet and one hundred (100) feet from a residential zone and a residential unit respectively.

f. Five hundred (500) feet from a public assembly use or location.

3. Hazardous substance land use facilities shall not be located in the one hundred (100) year floodplain.

4. Hazardous substance land use facilities which are not entirely enclosed within a building shall provide a Type V solid screen landscaping buffer in the hazardous substance facility buffer zone as required by LMC 18A.50.400, Landscaping.

5. Aboveground hazardous substance land use facilities shall be constructed with containment controls which will prevent the escape of hazardous substances or wastes in the event of an accidental release from the facility, and shall meet federal, state and local design and construction requirements.

6. Underground hazardous substance land use facilities shall meet federal, state and local design and construction requirements.

7. Hazardous substance land uses shall comply with the 1997 Uniform Fire Code and as revised thereafter.

8. Hazardous substance land uses shall provide a Hazardous Materials Inventory Statement for review and approval by the Fire Marshal. A Hazardous Materials Management Plan shall also be provided, if required by the Fire Marshal.

9. Hazardous substance land uses should use traffic routes which do not go through residential zones.

10. Without limiting the application of the Uniform Fire Code, above and below ground diesel fuel storage tanks exclusively intended for use on stationary, on-site, oil burning equipment, such as electrical power generator systems, in all nonresidential zoning districts shall be exempt from the hazardous substance regulations of this section, and above and below ground diesel fuel tanks of up to six thousand (6,000) gallons intended exclusively for use by essential governmental facilities for stationary, on-site, oil burning equipment, such as electrical power generator systems, in residential zones shall be exempt from the hazardous substance regulations of this section. However, all above-ground diesel fuel tanks over five hundred (500) gallons exempted by this subsection are required to have a five (5) foot minimum landscape buffer surrounding the tank to buffer the visual impacts of these tanks. Moreover, the Community Development Director shall have the discretion to increase or modify this landscape buffer requirement depending upon the specific circumstances posed by any particular tank location.

11. Residential uses are limited to a two hundred (200) gallon tank limit for household fuels that are classified as hazardous substances.

12. The hazardous substance zoning code regulations, except as specifically exempted in this section, shall apply to all hazardous substances as defined in this title.

13. In case of conflict between any of these site development standards and the development standards of specific zoning districts or other requirements of this title, the more restrictive requirement shall apply. (Ord. 264 § 1 (part), 2001.)

18A.50.860Performance Standards Procedures.

A. The Community Development Director shall have the power to authorize the following procedures prior to the issuance of a zoning certification for commercial and/or industrial uses, as deemed necessary:

1. Application for Zoning Permits. An application for a zoning certification for a use subject to performance standard procedures shall be accompanied by a site plan and detailed information describing the proposed machinery, processes and products, and specifications for the mechanisms and techniques to be used in restricting the creation or emission of dangerous and objectionable elements as set forth in LMC 18A.50.820. The applicant shall also provide such supporting scientific, technical or other data and/or information as is necessary to establish that the use will comply with the performance standards set forth in LMC 18A.50.850.

2. Review by Expert Consultants. The Community Development Director, at his or her discretion, may refer the application for review and evaluation to one (1) or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in LMC 18A.50.850 in a manner set forth in the application. The applicant shall be responsible for the cost of the expert review required by the City. A copy of such report shall be filed with the planning department for inspection by interested persons.

3. Review by Community Development Director. The Community Development Director shall determine whether the proposed use will conform to the applicable performance standards, and on such basis shall authorize or refuse to authorize issuance of a zoning certification, or require a modification of the proposed equipment or operation. Any zoning certification so authorized and issued shall be conditioned upon, among other things, the applicant’s completed buildings and installations conforming in operation to the applicable performance standards.

B. Enforcement.

1. The Community Development Department shall investigate any purported violation of performance standards. For the purpose of investigating such violations, the Community Development Director may employ qualified experts, the cost for which shall be reimbursed by the alleged violator if found to be in violation.

2. After investigation, on due notice to the alleged violator, the Community Development Director may order the violations corrected within a prescribed period of time, and if such violations are not so corrected may order the violator to cease and desist from carrying on that portion of the operation or process causing a violation.

3. Violations. If violation has occurred, the Community Development Director may employ any or all of those enforcement measures established in this title necessary to ensure future compliance with this section. (Ord. 264 § 1 (part), 2001.)