Chapter 18A.70USE-SPECIFIC STANDARDS

Sections:

18A.70.100
Daycare Facilities.
18A.70.110
Purpose - Daycare Facilities.
18A.70.120
Applicability - Daycare Facilities.
18A.70.130
Development Standards - Daycare Facilities.
18A.70.200
Home Occupations.
18A.70.210
Purpose - Home Occupations.
18A.70.220
Applicability - Home Occupations.
18A.70.230
Exemptions - Home Occupations.
18A.70.240
Prohibited Activities - Home Occupations.
18A.70.250
Performance Standards - Home Occupations.
18A.70.260
Criteria for Approval and Conditions - Home Occupations.
18A.70.270
Permit Revocation and Expiration - Home Occupations.
18A.70.280
Nonconforming Uses - Home Occupations.
18A.70.300
Accessory Living Quarters.
18A.70.310
Accessory Dwelling Units.
18A.70.311
Purpose - Accessory Dwelling Units.
18A.70.312
Applicability - Accessory Dwelling Units.
18A.70.313
Standards - Accessory Dwelling Units.
18A.70.350
Accessory Caretaker's Dwelling.
18A.70.351
Purpose - Accessory Caretaker's Dwelling.
18A.70.352
Standards - Accessory Caretaker's Dwelling.
18A.70.400
Manufactured Home Parks.
18A.70.410
Purpose - Manufactured Home Parks.
18A.70.420
Applicability - Manufactured Home Parks.
18A.70.430
Permitted Uses Within a Manufactured Home Parks.
18A.70.440
Development Standards - Manufactured Home Parks.
18A.70.450
Operation and Maintenance - Manufactured Home Parks.
18A.70.460
Nonconforming Parks - Manufactured Home Parks.
18A.70.500
Camping and Recreational Vehicle Parks.
18A.70.510
Purpose - Camping and Recreational Vehicle Parks.
18A.70.520
Duration of Occupancy - Camping and Recreational Vehicle Parks.
18A.70.530
Development Standards - Camping and Recreational Vehicle Parks.
18A.70.600
Wireless Telecommunications Facilities.
18A.70.610
Purpose - Wireless Telecommunications Facilities.
18A.70.615
Applicability - Wireless Telecommunications Facilities.
18A.70.620
Exemptions - Wireless Telecommunications Facilities.
18A.70.625
Priority of Locations - Wireless Telecommunications Facilities.
18A.70.630
General Siting and Design Requirements.
18A.70.635
Siting and Design Requirements for Structure-Mounted WTF's.
18A.70.640
Tower Siting and Design Requirements.
18A.70.645
Collocation - Wireless Telecommunications Facilities.
18A.70.650
Permits Required - Wireless Telecommunications Facilities.
18A.70.655
Administratively Approved WTFs.
18A.70.660
Conditional Use Permit - Wireless Telecommunications Facilities.
18A.70.665
Factors for Granting Conditional Use Permits for Towers.
18A.70.670
Siting and Permit Requirements for WTF Use on Public Property.
18A.70.675
Landscaping and Screening - WTFs.
18A.70.680
Nonconforming Uses - Wireless Telecommunications Facilities.
18A.70.685
Non-use or Abandonment - WTFs.
18A.70.690
Expert Review - Wireless Telecommunications Facilities.
18A.70.695
Controlling Provisions.
18A.70.700
Cottage Housing.
18A.70.710
Purpose and Intent - Cottage Housing.
18A.70.720
Applicability- Cottage Housing.
18A.70.730
General Provisions - Cottage Housing.
18A.70.740
Development Standards - Cottage Housing.
18A.70.750
Open Space - Cottage Housing.
18A.70.760
Building Design Standards - Cottage Housing.
18A.70.770
Parking - Cottage Housing.
18A.70.780
Common Area Maintenance - Cottage Housing.
18A.70.790
Cottage Housing - Low Impact Development Standards.
18A.70.795
Modifications - Cottage Housing.
18A.70.800
Repealed.
18A.70.810
Repealed.
18A.70.820
Repealed.
18A.70.830
Repealed.
18A.70.840
Repealed.
18A.70.900
Bed and Breakfast Facilities.
18A.70.910
Purpose - Bed and Breakfast Facilities.
18A.70.920
Applicability - Bed and Breakfast Facilities.
18A.70.930
Requirements for Bed and Breakfasts.
18A.70.100Daycare Facilities.
18A.70.110Purpose - Daycare Facilities.

Affordable, good quality, licensed day care within Lakewood is a needed service that is critical to the well being of parents, children, elders, and disabled persons in the community. It is the purpose of this section to facilitate the siting of licensed facilities in the city in a manner that both simplifies the review and approval process and ensures that the facilities are compatible with the surrounding land uses. (Ord. 264 § 1 (part), 2001.)

18A.70.120Applicability - Daycare Facilities.

This section shall apply to family day care homes and day care centers, as defined in LMC 18A.20.400(B), Daycare Facilities, operating within the city of Lakewood. It shall not apply to foster care, group homes, and other residential programs providing round-the-clock care; nor shall it apply to care services of a casual, non-recurring nature or provided in the home of the person being cared for (i.e., babysitting) or cooperative, reciprocal care by a group of individuals in their respective homes (i.e., childcare co-operative). (Ord. 264 § 1 (part), 2001.)

18A.70.130Development Standards - Daycare Facilities.

The Community Development Director or Hearing Examiner, as appropriate, shall approve applications for family day care homes and day care centers subject to the following general requirements:

A. Appropriate Washington State licensure and all applicable state and local licensure and land-use permits shall be obtained prior to operation and shall be maintained.

B. The facility shall comply with all building, fire safety, health code, and business licensing requirements.

C. A safe passenger loading area shall be provided. For home-based daycare facilities, the passenger loading area shall consist of a five (5) foot wide by eighteen (18) foot long drop-off area adjacent to each required parking stall. For all other daycare facilities, there shall be a clearly marked, off-street area for loading and unloading clients. The minimum dimensions of the passenger loading area shall be determined as part of the design review and zoning certification process. Adequate vehicle turnaround shall be provided on site for parking and loading so as to preclude the necessity of backing out onto the street.

D. Signage, if any, shall conform to the requirements of LMC 18A.50.600, Signs.

E. Parking shall conform to the requirements of LMC 18A.50.500, Parking, with the exception of loading area, which shall instead be subject to the provisions of subsection “C” above.

F. No structural or decorative alteration shall be made to the dwelling, which will alter the single-family character of an existing or proposed residential structure, or which is incompatible with surrounding residences.

G. In addition to the general requirements above, Daycare Facilities, Level 1 are subject to the following requirements:

1. Outdoor recreation areas shall be enclosed by an at least six (6) foot high fence.

2. Outdoor play equipment for child day cares shall not be located in any required front or side yard setback area.

H. In addition to the general requirements above, Daycare Facilities, Level 2 are subject to the following requirements:

1. The day care center shall not be located within three hundred (300) feet of another day care facility which is not located in the residence of the care provider.

2. Outdoor recreation areas shall be enclosed by a six (6) foot high fence.

3. Outdoor play equipment for child day cares shall not be located in any required front or side yard setback area.

4. The permit may be conditioned in order to reduce potential conflicts between the day care center and surrounding neighborhood, including, but not limited to, noise attenuation, special parking needs, and hours of operation. (Ord. 483 § 29, 2008; Ord. 264 § 1 (part), 2001.)

18A.70.200Home Occupations.
18A.70.210Purpose - Home Occupations.

The purpose of this section is to provide standards which allow residents of single-family or multifamily dwellings to operate businesses or conduct commercial activity from their principal residence or from a permitted accessory structure while achieving the goals of retaining the residential character of the dwelling and the neighborhood, maintaining property values, and preserving environmental quality. (Ord. 264 § 1 (part), 2001.)

18A.70.230Exemptions - Home Occupations.

The following uses are exempt from the regulations of this section.

A. Daycare Facilities, Level 1, which are instead subject to LMC 18A.70.100.

B. Lodging, Level 1.

C. Garage sales; yard sales; bake sales; temporary home bazaars for hand-crafted items; parties for the display of clothing, gifts and household products;, and other similar uses shall not be considered home occupations subject to regulation pursuant to this section; provided, that any such use shall not be in existence for more than twenty (20) days in any one (1) calendar year and is not in violation of any other section of the title or other City ordinances; and provided further, that any such garage sales and yard sales involve only the sale of household goods, none of which were purchased for the purpose of resale.

D. On-line endeavors that do not generate any outward appearance, including but not limited to deliveries, of commercial use at the site.

E. For-profit production of produce or other food products grown on the premises. This may include temporary or seasonal sale of produce or other food products grown on the premises.

F. Hobbies which do not result in payment to those engaged in such activity. (Ord. 483 § 30, 2008; Ord. 264 § 1 (part), 2001.)

18A.70.240Prohibited Activities - Home Occupations.

A. No person shall carry on a home occupation or a limited home occupation, or permit such use to occur on property which that person owns, occupies or is in lawful control of, contrary to the provisions of this section.

B. The following activities are prohibited as home occupations:

1. Motor vehicle, commercial truck and heavy equipment repair.

2. Motor vehicle, commercial truck and heavy equipment body work.

3. Motor vehicle, commercial truck and heavy equipment painting.

4. Motor vehicle, commercial truck and heavy equipment wash and/or detailing services.

5. Parking and storage of motor vehicles, commercial trucks or heavy equipment.

6. Storage of used parts of vehicles and/or used machinery in inoperable condition.

7. Storage of building materials such as lumber, plasterboard, pipe, paint or other construction materials unless being used to construct a specific structure on the premises, pursuant to a current City building permit.

8. Escort services. (Ord. 307 § 26, 2003; Ord. 264 § 1 (part), 2001.)

18A.70.250Performance Standards - Home Occupations.

The following performance standards prescribe the parameters under which home occupation activities may be conducted when incidental to a residential use. Activities that exceed these performance standards are subject to Chapter 18A.20, Use Types and Levels, to determine the appropriate Civic, Commercial, or Industrial use category that applies to the activity.

A. General Standards. The following standards apply to all home occupation activities within the city of Lakewood:

1. A home occupation permit shall be obtained for each home occupation and for each property on which a home occupation is undertaken.

2. A City business license shall be obtained and maintained for each home occupation, which clearly indicates each property on which a home occupation is undertaken.

3. The home occupation shall be clearly incidental and secondary to the use of the property for residential purposes and shall not change the residential character of the dwelling or neighborhood.

4. All the activities of the home occupation(s) shall be conducted indoors, except for those related to growing or storing of plants used by the home occupation(s).

5. No modification shall be made to the dwelling to establish or operate the home occupation that would cause it to resemble anything other than a dwelling.

6. There shall be no more than three (3) deliveries per week to the residence by suppliers, including postal and parcel delivery services but excluding regular mail service.

7. Traffic generated by a home occupation shall not exceed eight (8) vehicular trips per day associated with the home occupation, including deliveries and client-related trips.

8. Sales, either retail or wholesale, shall be limited to mail order and telephone sales with off-site delivery.

9. Services to patrons shall be arranged by appointment or provided off-site.

10. Utility demand for sewer, water, electricity, garbage or natural gas shall not exceed normal residential levels.

11. Equipment or operation processes shall not be utilized which would produce or cause the emission of gasses, dust, odors, vibration, electrical interference, smoke, noise, or light in a manner likely to cause offense or irritation to neighboring residents.

12. The home occupation(s) shall not use electrical or mechanical equipment that results in:

a. A change to the fire rating of the structure(s) used for the home occupation(s);

b. Visual or audible interference in radio or television receivers, or electronic equipment located off-premises; or

c. Fluctuations in line voltage at or beyond the property line.

13. There shall be no storage, distribution and/or production of toxic or flammable materials, nor spray painting or spray finishing operations that involve toxic or flammable materials which, in the judgement of the Fire Marshal pose a dangerous risk to the residence, its occupants, and/or surrounding properties. An applicant shall make available the Material Safety Data Sheets, listing all potentially toxic and/or flammable materials associated with the home occupation, to the Fire Marshal if requested for review.

14. Bed and Breakfast facilities shall be classified as a “Lodging- Level 1” commercial use type, and are subject to the requirements of LMC 18A.70.900.

15. Where home business use areas exceed 500 sq. ft., such areas may be subject to the area separation requirements of Section 302.4 of the Uniform Building Code, or any applicable succeeding building code.

B. Standards for Limited Home Occupations. One (1) or more home occupations may be conducted in a residential dwelling as an accessory use or uses, excepted as prohibited in LMC 18A.70.240, Prohibited Activities, provided that the limited home occupation(s) shall:

1. Not have any employee, volunteer or other person engaged in the commercial activity on the site, other than residents of the dwelling.

2. Be operated in its entirety within the principal dwelling or accessory structure.

3. Not have a separate entrance from outside the building.

4. Not use any mechanical equipment except that which is used normally for purely domestic or household purposes.

5. Not utilize more than twenty-five (25) percent of the total floor area of the living space of the dwelling. Areas within attached garages, unfinished basements and storage buildings shall not be considered living space for purposes of calculating allowable home occupation area but may be used for storage of goods or other activities associated with the limited home occupation.

6. Not show any evidence that a business is being conducted from the premises.

7. Not have any exterior signage that identifies the property as a business location.

8. Not allow clients or customers to visit the premises for any reason.

9. Not have any exterior storage of materials.

C. Standards for Home Occupations. One (1) or more home occupations may be conducted in a Single-Family Residential Detached Dwelling use type as an accessory use or uses, excepted as prohibited in LMC 18A.70.240, Prohibited Activities, provided that the home occupation(s) shall:

1. Be operated by a resident of the property on which the business is located.

2. Not have more than one (1) full or part-time employee, other than residents of the dwelling, on the site at any one time.

3. Be operated within the dwelling or other accessory buildings normally associated with uses permitted in the zone in which the property is located.

4. Not interfere with existing uses on nearby land or with other uses permitted in the zone in which the property is located.

5. Have one (1) parking space per employee provided on the same parcel of land, in addition to that parking required for the dwelling.

6. Not park or store more than one (1) commercial vehicle on site. Parking for said vehicle shall be provided in accordance with the requirements of LMC 18A.50.150, Parking of Commercial Vehicles Accessory to Residential Uses.

7. Store all materials, parts, tools and other equipment used in the operation of the home occupation entirely within the dwelling or accessory building.

8. Comply with building, land use and fire code requirements for permits, occupancy, and inspection, including use of hazardous materials or equipment.

9. Limit manufacturing to the small-scale assembly of already manufactured parts but shall not preclude production of small, individually hand-crafted items, furniture or other wood items as long as the activity meets the other standards of this section.

10. Prohibit customers or clients on the premises prior to 9 AM and after 7 PM on Mondays through Fridays, and prior to 11 AM and after 5 PM on weekends and state or federal holidays.

11. Prohibit more than two (2) customers or clients on the premises at any one time.

12. Limit the home occupation activity to forty (40) percent of the gross floor area of the residence, including garages and unfinished basements, and accessory buildings; or two thousand (2,000) square feet, whichever is less.

13. Meet the signage requirements of LMC 18A.50, 600, Signs. (Ord. 500 § 14, 2009; Ord. 317 § 12, 2003; Ord. 264 § 1 (part), 2001.)

18A.70.260Criteria for Approval and Conditions - Home Occupations.

A. The decision to approve, approve with conditions, or deny an application for a home occupation permit shall be made by the Community Development Director upon findings of whether or not the purposed home occupation is or will be:

1. In conformance with the standards contained in this section;

2. Clearly subordinate to the residential use of the property; and

3. Undertaken in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties or the community.

B. Conditions Applicable to Approval.

1. The Community Development Director may impose conditions upon the approval of a home occupation permit to ensure compatibility with adjacent residential uses and surrounding neighborhoods. These conditions may include, but are not limited to, the following:

a. Further limiting the hours, days, place and manner of operation.

b. Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust.

c. Requiring additional building setbacks, and increased lot area, depth or width.

d. Further limiting the building area used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses.

e. Designating the size, number, location and design of vehicle access points.

f. Requiring street right-of-way to be free at all times of vehicles associated with the home occupation.

g. Requiring landscaping, buffering and/or screening of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements.

h. Requiring the protection and preservation of existing trees and other vegetation.

i. Requiring storm drainage improvements, and surfacing of parking and loading areas.

j. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation.

k. Limiting or setting standards for the location and intensity of outdoor lighting.

l. Requiring and designating the size, height, location of fences and materials used for their construction. (Ord. 264 § 1 (part), 2001.)

18A.70.270Permit Revocation and Expiration - Home Occupations.

A. The Community Development Director may revoke a home occupation permit if the conditions of approval have not been complied with and the home occupation is otherwise being conducted in a manner contrary to this title.

B. When a home occupation permit has been revoked due to violation of these standards, a minimum period of one (1) year shall elapse before another application for a home occupation permit by the applicant(s) or member of the family residing on the subject property will be considered.

C. A home occupation permit shall become invalid if the applicant moves his or her residence. (Ord. 264 § 1 (part), 2001.)

18A.70.280Nonconforming Uses - Home Occupations.

A. An ongoing home occupation may be granted nonconforming status, provided that it was permitted under Pierce County authority prior to Lakewood’s incorporation or under City authority prior to adoption of this code and has been in continuous operation since initial approval.

B. The burden of providing a home occupation’s nonconforming status rests with the property owner or tenant. A home occupation which cannot prove nonconforming status, shall be considered to be in violation of this section and shall cease until all appropriate approvals have been obtained. (Ord. 264 § 1 (part), 2001.)

18A.70.300Accessory Living Quarters.
18A.70.310Accessory Dwelling Units.
18A.70.311Purpose - Accessory Dwelling Units.

Accessory dwelling units (ADUs) are intended to increase the supply of affordable and independent housing for a variety of households, increase home and personal security, provide supplemental earnings for people with limited incomes, and increase residential densities. This should occur by utilizing the existing infrastructure and community resources throughout the city while protecting the existing character of single-family neighborhoods. (Ord. 264 § 1 (part), 2001.)

18A.70.313Standards - Accessory Dwelling Units.

A. The creation of the ADU shall be subject to the following general requirements:

1. One (1) ADU shall be allowed as an accessory use in conjunction with any detached single-family structure. Accessory dwelling units shall not be included in the density calculations.

2. An ADU may be established in a new or existing single-family dwelling by creating the unit within or in addition to the dwelling, or as a detached unit from the principal dwelling.

3. The ADU, as well as the main dwelling unit, must meet all applicable setbacks, lot coverage, and building height requirements.

4. The size of an ADU contained within or attached to an existing single-family structure shall be limited by the existing structure’s applicable zoning requirements. An attached ADU incorporated into a single-family house shall be limited to forty (40) percent of the living space of the principal unit, excluding garage area. The size of the living space of a detached ADU, shall be a maximum of one thousand square feet (1,000) or forty (40) percent of the size of the living space of the principal unit, excluding garage area, whichever is smaller.

5. An ADU shall be designed to maintain the appearance of the principal dwelling as a single-family residence.

a. The entrance to an attached ADU shall not be directed towards any front yard unless utilizing an existing doorway.

b. The design of an ADU, including the facade, roof pitch and siding, shall be complementary to the principal dwelling unit, so as not to be obvious from the outside appearance that it is a separate unit from the principal dwelling unit.

c. A minimum of one (1) off-street parking space shall be required for the ADU, in addition to the off-street parking required for the principal dwelling, pursuant to LMC 18A.50.500, Parking.

6. Any legally constructed accessory building, existing prior to the effective date of this title, may be converted to an accessory dwelling unit provided the living area created within the structure does not exceed forty (40) percent of the size of the living area of the principal unit, excluding garage area.

7. Where the residential accessory building is detached from an existing single-family structure, the building height shall be limited to twenty-four (24) feet, except for antennas, which are subject to LMC 18A.70.600 WTF.

8. An ADU in existence prior to the adoption of this title may be found to be legal on the condition that the property owner applies for an ADU permit and complies with all required standards and provisions. Such property owners have a one (1) year period from the effective date of this title in which to apply for an ADU permit, after which time such property owners can be subject to fines and penalties established in this title.

B. Any owner occupant seeking to establish an ADU shall apply for approval in accordance with established procedures. These procedures shall include:

1. One (1) of the dwelling units shall be owner occupied as the owner’s principal residence for at least six (6) months a year, and at no time shall the owner-occupied unit be leased or rented.

2. No building permit or zoning certification for an ADU shall be issued until the owner files a covenant evidencing this use limitation against the property. This covenant, which acknowledges the existence of the ADU and documents the owner’s agreement to all the ADU requirements as provided in this section, shall be recorded in the records of the Pierce County Auditor. Such covenant shall be in a form specified by the Community Development Director, and shall include at a minimum:

a. The legal description of the property which has been approved for an ADU.

b. The applicability of the restrictions and limitations contained in this section.

c. A copy of the floor/site plan approved by the City.

d. The notarized signature of all property owners.

C. Discontinuation of an ADU.

1. An ADU shall be converted to another permitted use or shall be removed if one (1) of the two (2) dwellings is not owner occupied, pursuant to the requirements of this section.

2. If both the ADU or the principal unit ceases to be owner occupied for more than six (6) months, the ADU permit shall be deemed revoked and use of the unit as an ADU shall cease immediately, and the ADU shall be removed or converted to a permitted use. (Ord. 264 § 1 (part), 2001.)

18A.70.350Accessory Caretaker's Dwelling.
18A.70.351Purpose - Accessory Caretaker's Dwelling.

Accessory caretaker’s dwellings (ACDs) are intended to meet the need for an on-site dwelling of an owner or employee to provide for security of the business, allow for extended hours of service or availability of on-site management, and to reduce the need for commute trips. (Ord. 264 § 1 (part), 2001.)

18A.70.352Standards - Accessory Caretaker's Dwelling.

A. One (1) ACD per commercial or industrial site is permitted within all commercial and industrial zones within the city.

B. An ACD may be established in a new or existing commercial or industrial building by creating the living quarters within or as an addition to the building, or as a detached structure from the principal structure.

C. The ACD, as well as the main structure, must meet all applicable setbacks, lot coverage, and building height requirements.

D. The design and size of an ACD shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes.

E. The size of an ACD contained within or attached to a commercial or industrial building shall be limited to one thousand, two hundred (1,200) square feet. The size of a detached ACD shall be limited to no more than one thousand (1,000) square feet.

F. A minimum of one (1) off-street parking space shall be required for the ACD, in addition to off-street parking required for the primary use(s) on-site, pursuant to LMC 18A.50.500, Parking.

G. A building permit and zoning certification must be obtained for all ACDs prior to construction and/or occupancy of the ACD. (Ord. 264 § 1 (part), 2001.)

18A.70.400Manufactured Home Parks.
18A.70.410Purpose - Manufactured Home Parks.

Manufactured home parks are intended primarily to accommodate planned manufactured home developments in a desirable residential environment, thereby contributing to the provision of a greater range and choice of affordable housing types within the city. These developments are intended to accommodate individual manufactured homes within a planned-unit manufactured home park on a condominium lot sale basis or a lot rental or lease basis so that the park remains in one (1) ownership to comply with the conditions of development. (Ord. 264 § 1 (part), 2001.)

18A.70.430Permitted Uses Within a Manufactured Home Parks.

No building, structure or land within the boundaries of a manufactured home park shall be used for any purpose except as follows:

A. Manufactured homes for residential use only, together with permitted residential accessory uses.

B. Community recreation facilities, including swimming pools, for residents of the park and guests only.

C. One (1) manufactured home for the use of a caretaker or manager responsible for maintaining or operating the property.

D. Pursuant to RCW 35A.21.312, a recreational vehicle may be used as primary residence within a manufactured home park, subject to the provisions of this section. (Ord. 500 § 15, 2009; Ord. 264 § 1 (part), 2001.)

18A.70.440Development Standards - Manufactured Home Parks.

The following development standards apply to all manufactured home parks.

A. Size. New parks shall be a minimum of three (3) acres in size. Spaces within manufactured home parks, regardless of the underlying zoning, shall be a minimum of four thousand (4,000) square feet.

B. Density. The maximum density for a manufactured home park shall be the maximum density of the underlying zone.

C. Dimensions. The minimum space width within manufactured home parks shall be fifty (50) feet; provided that up to fifty (50) percent of the pads within a park may be forty (40) feet wide.

D. Buffers. A manufactured home park shall provide and maintain the minimum landscape requirements for Type II, Streetscape and Type I, Vegetative Buffers along any property line abutting upon a public right-of-way and Type I, Vegetative Buffers along any other property line defining the outside limits of the park, pursuant to LMC 18A.50.400, Landscaping. A six (6) foot high, sight-obscuring fence shall be constructed around the perimeter of the park, except for those park boundaries abutting a public street, where the fence shall be no more than four (4) feet in height. Visible elements of the fence shall be constructed primarily of wood, stone, masonry or similar materials. Fencing and vegetative screening shall be interrupted appropriately to accommodate required pedestrian and bike access.

E. Structures. Structures located within any manufactured home space shall be limited to one (1) storage building, a carport, and an awning or a patio cover. The storage building, patio cover and/or carport may be combined as one (1) structure.

F. Outside Storage. There shall be no outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the occupants or management of the park. All outside storage in a manufactured home park shall be in an enclosed building. One (1) permanent storage building containing a minimum of thirty-two (32) square feet of floor area and a maximum of one hundred (100) square feet shall be provided for each manufactured home space. The building height shall not be less than seven (7) feet nor more than ten (10) feet.

G. Each manufactured home space shall be provided with a patio having a minimum area of one hundred forty (140) square feet. The patio shall have a minimum width of seven (7) feet and a minimum length of twenty (20) feet and shall be constructed adjacent and parallel to each manufactured home pad. Patios shall be paved with asphalt, concrete, or suitable hard surfaced material.

H. Emergency Access. Each manufactured home park shall have at least one (1) main access and one (1) emergency access, or two (2) main access roads, depending upon the size of the park and other factors affecting emergency access needs. If the park abuts only one (1) street frontage, a loop road shall be utilized with access determined by the City Engineer and the Fire Marshal.

I. Street Lighting. Street lighting shall be provided in accordance with the requirements of the City Engineer. Pedestrian/bike pathways, recreational facilities, service buildings and common areas shall be adequately illuminated.

J. Underground Utilities. All utilities shall be installed underground unless waived by the City Engineer and the Community Development Director.

K. Signs. Signs identifying the manufactured home park shall conform to LMC 18A.50.600, Signs.

L. Access and Circulation. All manufactured home parks shall front on an improved street. Internal park streets shall be privately owned and maintained and provided in such a pattern as to provide convenient traffic circulation for all vehicles, including fire and other emergency equipment. Park owners or managers shall be responsible for maintenance of internal roads. The vehicular speed limit shall be ten (10) miles per hour and shall be posted to the satisfaction of the Lakewood Police Department. Within manufactured home parks, all streets shall be constructed to City of Lakewood standards for public streets, including width, sidewalks, paving depth and base, curve radii and curbs; except for the width of the rights-of-way required of a public street; streets shall instead be constructed to the following standards:

1. The width of all private streets shall be not less than thirty-two (32) feet, from curb to curb, with on-street parking allowed on one (1) side of the street only. Signs designating “no parking” and “fire lane” shall be placed on one (1) side of the street and shall be so designated on the final plans. Variations in specific design standards may be granted on a case-by-case basis, depending on field conditions, by the City Engineer and the Community Development Director.

2. There shall be vertical concrete curb and gutter, constructed to City standard specifications, installed on each side of all private streets.

3. Sidewalks shall be a minimum of five (5) feet in width and six (6) inches thick.

4. Manufactured Home Park streets shall be paved in accordance with the standards established by the City Engineer.

5. All public streets abutting a manufactured home park shall be improved to City standards.

6. A bike/pedestrian walkway system, separated from vehicular traffic, shall be provided to link interior roadways with adjacent public streets and which shall give safe, convenient access from the lot spaces to the service buildings and common areas. Access points and design shall be subject to approval by the City Engineer and Community Development Director. Internal walkways, separate from street sidewalks, shall have a minimum width of four (4) feet with a paved surface of concrete, asphalt or the equivalent.

M. Fire Hydrants. Fire hydrants shall be provided as required by the Fire Marshal.

N. Recreational Vehicle Storage. Common storage areas for recreational and sporting vehicles and their trailers may be provided as part of the manufactured home park design at the rate of fifty (50) square feet for each pad in the park. A six (6) foot high, sight-obscuring fence with a lockable gate shall be erected around the perimeter of such storage area. Storage of recreational vehicles shall not be allowed other than in approved storage areas.

O. Recreation Area. One (1) or more recreation areas shall be created in each park at the rate of at least one hundred (100) square feet per lot space. Recreation areas shall be suitably improved and maintained for recreational purposes as necessary for the types of residents for whom the manufactured home park is intended. At least one (1) recreational area shall have a minimum size of four thousand (4,000) square feet and be of a shape that will make it usable for its intended purpose. The recreation area may contain a community clubhouse, swimming pool, tennis courts, or similar activities.

P. Laundry Facilities. Adequate and properly equipped laundry room facilities shall be made available to the residents of the manufactured home park.

Q. Open Space. Ten (10) percent of the gross area of the manufactured home park shall be reserved for open space. This open space is in addition to area used for lots, roads, walkways, or recreation areas. The open space shall be landscaped pursuant to LMC 18A.50.400, Landscaping.

R. Park Office. Every park shall provide an office for a permanent, non-seasonal resident manager who shall staff the park on an ongoing basis. The resident manager shall be available and responsible for the direct management of the manufactured home park.

S. Each manufactured home park shall develop covenants, conditions and restrictions (CC&Rs), which establishes a resident association and guidelines for operation and maintenance of park including provisions for enforcement of guidelines.

T. Manufactured Home Site Standards. The following standards shall be satisfied for individual sites or “pads” within manufactured home parks:

1. One Home Per Site. No more than one (1) manufactured home shall be allowed on a single pad.

2. Internal Setbacks.

a. A manufactured home or attached accessory building shall not be located closer than ten (10) feet to any other manufactured home or attached accessory building, closer than ten (10) feet to the edge of any right-of-way, or closer than five feet (5) to the edge of any other pad.

b. Manufactured homes shall set back at least fifteen (15) feet from any interior property line abutting residential zoned property or ten (10) feet from any interior property line abutting commercial or industrial zoned property.

c. Manufactured home accessory structures, when not attached to the manufactured home, shall not be located closer than six (6) feet to any dwelling, closer than ten (10) feet to the edge of any right-of-way, or closer than five (5) feet to the edge of any other pad.

d. No structures are allowed in landscape or open space areas.

3. Lot Coverage. A manufactured home and all accessory structures shall not cover more than seventy-five (75) percent of the space area.

4. Parking. Parking requirements shall be consistent with LMC 18A.50.500, Parking.

5. Height. Structures within manufactured home parks shall be no more than one (1) story in height.

U. In addition to the conditional use criteria set forth in LMC 18A.10, Discretionary Permits, Conditional Use Permits, the following criteria shall be used in approving or denying manufactured home park applications:

1. The park design, including site layout, street configuration, landscaping, and community space, are compatible with the surroundings and the community character goals of the comprehensive plan;

2. The park is consistent with other applicable goals and policies of the comprehensive plan; and

3. The park makes adequate provision for sanitary sewers, stormwater drainage, water, streets, open space and recreation, and schools.

V. Use of Recreational Vehicles as a Primary Residence. Pursuant to RCW 35A.21.312, recreational vehicles may be used as a primary residence within the context of a manufactured home park, subject to the following:

1. The recreational vehicle unit shall be connected to full utility hook-ups, including a lawful method of sewage disposal. A recreational vehicle used as a residence must contain at least one functioning internal toilet and at least one functioning internal shower;

2. If the toilet and/or shower requirements set forth above are not met, then the manufactured housing park must provide permanent toilet and shower facilities.

3. A building/installation permit shall be required. The applicant shall comply with any adopted requirements of the Building Official for the set-up of a recreational vehicle as a primary residence. (Ord. 500 § 16, 2009; Ord. 264 § 1 (part), 2001.)

18A.70.450Operation and Maintenance - Manufactured Home Parks.

A. Manufactured home parks shall be maintained free of any brush, leaves, and weeds in which might communicate fires between manufactured homes and other improvements. No combustible materials shall be stored in, around, or under any manufactured home. Manufactured home parks shall be maintained in a safe, attractive and well maintained fashion. Landscaping which is required as a part of buffers or otherwise required shall be maintained in a healthy and attractive condition.

B. Streets, sidewalks and public ways within manufactured home parks shall be maintained in a safe manner. The responsibility for maintenance of the streets, sidewalks and public ways rests solely with the park owner and resident manager.

C. It shall be the responsibility of the manufactured home park resident manager and the CCRs to ensure that the provisions of this section are observed and maintained within the manufactured home park. Violations of this chapter shall subject the owner of the facility to any penalties provided within this title for such violation. (Ord. 264 § 1 (part), 2001.)

18A.70.460Nonconforming Parks - Manufactured Home Parks.

A. Nonconforming Manufactured and Mobile Home Parks. Manufactured and mobile home parks which were legally approved prior to the effective date of this title may continue to exist, provided that the density of the park does not increase over the number of dwelling units legally existing on the effective date of this title. Manufactured home sites within legally nonconforming manufactured home parks may continue to be used, provided that the placement of newer manufactured homes do not result in encroachment of the dwelling beyond the lot space boundaries or into the right-of-way and fire code requirements for structure spacing are met.

B. Reconfiguration of Existing Parks. An existing manufactured home park may be reconfigured pursuant to conditional use approval. The Hearing Examiner shall consider the following criteria in addition to the conditional use criteria in LCM 18A.10, Discretionary Permits, Conditional Use Permits, in determining whether to grant the conditional use permit:

1. The reconfiguration will result in a site layout which better conforms to the land-use and community character goals of the comprehensive plan than the existing layout.

2. The reconfiguration will substantially improve transportation, appearance, administration, open space and utility service within the park.

C. Expansion of Existing Manufactured and Mobile Home Parks. An existing manufactured or mobile home park may be expanded provided that no net increase in density results. Expansion requests shall be considered under the conditional use process subject to the following criteria, in addition to the conditional use criteria in LMC 18A.10, Discretionary Permits, Conditional Use Permits.

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

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

3. The comparative visual appearance.

4. The comparative effect on existing vegetation.

5. The comparative effect on water drainage.

6. The degree of benefit to the surrounding area.

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

18A.70.500Camping and Recreational Vehicle Parks.
18A.70.510Purpose - Camping and Recreational Vehicle Parks.

The purpose of this section is to provide the regulations for the development and operation of Lodging, Level 2 use types, camping and recreational vehicle (RV) parks, which may also be referred to as RV parks, and to assure that each park provides safe and sanitary accommodations for its users and their RVs while located temporarily in the park. This section also assures that the utility conveniences and facilities provided for tourists are adequate for the period of their stay in the park, and that the park does not permit the use of any of its accommodations for manufactured homes or RVs that are used for permanent occupancy. (Ord. 264 § 1 (part), 2001.)

18A.70.520Duration of Occupancy - Camping and Recreational Vehicle Parks.

No recreational vehicle or tent shall remain in a RV park for more than thirty (30) days in any ninety (90) day period. No habitable vehicle which is not a recreational vehicle shall be allowed in the park for any period with the exception of one (1) manufactured home for the exclusive use of the park manager and/or caretaker. (Ord. 264 § 1 (part), 2001.)

18A.70.530Development Standards - Camping and Recreational Vehicle Parks.

The following criteria shall govern the design, development, and operation of a camping and RV park facility.

A. Park Dimensions.

1. Size. Minimum total acreage shall not be less than three (3) acres.

2. Density. The maximum number of RV spaces per gross acre shall not exceed sixteen (16) spaces per gross acre. The maximum number of tent camping spaces shall not exceed four (4) spaces per gross acre. The total number of spaces, including both RV and tent camping spaces, shall not exceed twenty (20) spaces per gross acre.

3. RV Spaces.

a. The minimum area for any RV space shall not be less than two thousand four hundred (2,400) square feet.

b. The minimum dimensions for any RV space shall be forty (40) feet wide and fifty (50) feet in length.

c. The RV parking pads shall be a minimum twenty (20) feet wide and forty (40) feet in length, paved with asphalt, concrete or similar material, and sloped to allow run-off of stormwater. The remainder of the space, which is not occupied by the RV parking pad, shall be landscaped.

4. Each tent camping space shall be a minimum twenty-five (25) feet in width and forty (40) feet in length. The minimum dimensions within a tent camping spaces shall include:

a. A parking area of twelve (12) feet in width and twenty (20) feet in length, paved with asphalt, concrete or similar material, and sloped to allow run-off of stormwater;

b. A ten (10) by ten (10) foot cooking/eating area with a picnic table and campfire pit;

c. A ten (10) by fifteen (15) foot tent set up area, which shall accommodate no more than two (2) tents per tent camping space.

B. Internal Setbacks. Within the RV park, the minimum setbacks shall be:

1. Fifty (50) feet between recreation vehicles and a public street, arterial or highway right-of-way;

2. Ten (10) feet between recreation vehicles and all property lines;

3. Twenty (20) feet between recreation vehicles and other like units;

4. Twenty-five (25) feet between recreation vehicles and public services buildings; and,

5. Thirty (30) feet between all recreation vehicle sites and/or structures and perennial streams or lakes (high water mark) or other bodies of water.

C. Recreation Areas. Recreation areas and facilities such as playgrounds, swimming pools and community buildings should be provided to the extent necessary to meet the anticipated needs of the clientele the RV park is designed to serve.

1. A developed recreation area shall be provided which contains a minimum of two hundred (200) square feet per site space.

2. A separate recreation area for young children shall be provided.

3. Playground areas shall be protected from public streets, private streets and parking areas by fencing.

4. Recreation areas shall be centrally located to the spaces they are to serve. At least one (1) recreation area shall have a minimum size of four thousand (4,000) square feet and be of a shape that will make it usable for its intended purpose.

D. Landscaping.

1. No more than sixty (60) percent of a RV space may be impervious surface.

2. No more than thirty (30) percent of a tent camping space may be impervious surface.

3. No more than fifty (50) percent of the total RV park may be impervious surface.

4. The remaining forty (40) percent of the RV space and the not less than sixty (60) percent of the camping space shall be landscaped predominately in grass. Other landscaping may be included.

5. Ten (10) percent of the gross area of the RV park shall be reserved for open space. This open space is in addition to areas used for lots, roads, walkways, play areas and service areas. The open space shall be landscaped pursuant to LMC 18A.50.400, Landscaping.

6. A site-obscuring landscaping buffer strip shall be required around all sides of the RV park, pursuant to LMC 18A.50.400, Landscaping.

7. Additional landscaping, in conformance with the standards of LMC 18A.50.400, Landscaping, shall be provided around:

a. service buildings;

b. commercial service buildings, such as a convenience market;

c. recreation areas; and

d. the perimeter of parking areas for sporting vehicles.

E. Utilities and facilities.

1. Each RV space shall include complete utility hookups, including sewer connections constructed to the requirements of the City Engineer.

2. A potable water source shall be provided in a convenient location to serve every four (4) tent camping spaces.

3. Tent camping spaces shall be located no further than three hundred fifty (350) feet from restroom facilities.

4. Restroom, shower, and utensil cleaning facilities shall be provided for all parks.

5. All facilities and service structures including each RV space shall be provided with underground water and utilities.

6. Approved public drinking fountains shall be located in playground and service building areas.

F. Lighting.

1. Lighting shall be provided for all common walkways, restrooms, recreation areas, service buildings and service areas and roadways.

G. Access and Circulation.

1. Roadways with the RV park shall be paved to a minimum width of twenty (20) feet for one-way circulation and thirty-two (32) feet for two-way circulation, with no parking allowed on either side of the roadway.

2. Access for the RV park shall not be located where it will result in hazardous entrance or exit onto a road or onto a road that has a hazardous intersection with a major arterial.

3. Ingress and egress shall be provided in such a manner as to allow access through the park tollbooth without causing traffic stoppage or unsafe traffic movement on public roads.

4. Street grades shall not be in excess of eight (8) percent at any given point.

5. A pedestrian walkway system shall be provided and maintained which gives safe, convenient access from individual sites to common areas, bathroom facilities, service buildings and natural amenities.

6. Common walkways shall be located through interior areas and be kept separated from vehicular traffic.

H. Parking.

1. The total number of parking spaces in the RV park shall be one (1) space per camping space plus two (2) for the use of the manager(s), plus one (1) per employee. All camping spaces shall provided for one (1) paved parking space within each site.

2. Additional parking areas for boats, boat trailers, and other recreational vehicles shall be conveniently located for supervision, but these specialized parking areas shall be separated from other parking facilities in the park. One (1) additional sporting vehicle parking space shall be provided for every ten (10) camping spaces. (Ord. 264 § 1 (part), 2001.)

18A.70.600Wireless Telecommunications Facilities.
18A.70.610Purpose - Wireless Telecommunications Facilities.

The purpose of this chapter is to accommodate an increased need for the development of enhanced wireless telecommunications facilities (WTF) capabilities and services while protecting the public health, safety, welfare, and property and aesthetic values, to the extent permitted by the federal Telecommunications Act of l996. This section establishes criteria for the siting of WTFs, which promote collocation on existing and new towers and utility pole extensions in order to minimize the number of towers; manage the location and height of towers and antennae; minimize adverse visual impacts of towers through careful design, siting, landscaping, and other innovative camouflaging and screening techniques; and avoid potential damage or adverse impacts to adjacent properties through sound engineering practices and the proper siting and construction of antenna support structures. (Ord. 264 § 1 (part), 2001.)

18A.70.615Applicability - Wireless Telecommunications Facilities.

Wireless telecommunications facilities may be located upon properties in Lakewood only as provided herein. All proposals for WTFs made in the city, whether for new construction or for modification of existing facilities, shall be subject to these regulations, except those specifically exempted under LMC 18A.70.620, Exemptions.

Wireless telecommunications facilities existing before April 28, 1998, or those with permits issued by the City after April 28, 1998, but prior to the effective date of this title, which do not meet the requirements of this section shall be allowed to continue as they presently exist, but shall be considered nonconforming uses for the purposes of this title. (Ord. 264 § 1 (part), 2001.)

18A.70.620Exemptions - Wireless Telecommunications Facilities.

The following are exempt from the provisions of this chapter and shall be permitted in accordance with the requirements of LMC 18A.30, Zoning Districts:

A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.

B. Antennae and related equipment no more than three (3) feet in height that are being stored, shipped, or displayed for sale.

C. Amateur radio station operators or receive-only antennae.

D. Home satellite services, including satellite dish antennae less than six and one-half (6 1/2) feet in diameter and direct-to-home satellite services, when used as an accessory use of the property.

E. Public safety WTFs and equipment, including the regional 911 system, radar systems for military and civilian communication and navigation, and wireless radio utilized for temporary emergency communications in the event of a disaster.

F. A mobile transmission facility or other temporary wireless telecommunications facility temporarily placed on a site for a period of thirty (30) days or less, unless an administrative use permit is obtained for an additional period or unless the City has declared an area-wide emergency.

G. Emergency or routine maintenance and repair of an existing WTF and related equipment, excluding structural work or changes in height or dimensions of antennae, towers, or buildings, provided that compliance with the standards herein is maintained.

H. Wireless telecommunications facilities installed on properties that are subject to the Chambers Creek Properties Joint Procedural Use Agreement, which shall instead be regulated to the terms and conditions of the interlocal agreement and design standards adopted thereunder, as administered by the City of University Place pursuant to interlocal agreement. If, at some point, the interlocal agreement is abandoned, such uses on the Lakewood portion of the Chambers Creek Properties shall once again be subject to the requirements set forth herein; provided, that any existing uses which do not meet these standards shall be considered to be and shall be regulated as nonconforming. (Ord. 264 § 1 (part), 2001.)

18A.70.625Priority of Locations - Wireless Telecommunications Facilities.

A. The City’s priorities for the location of new WTFs are listed below in order of preference, with the most preferred site listed first and the least preferred site listed last. The applicant must show that use of preferred site locations are not feasible in order to request a less preferred location. The applicant shall demonstrate, using engineering evidence satisfactory to the City, that all possible preferred locations and other WTF technology options have been exhausted before a less preferred site may be approved.

1. Mount antennae on utility poles within the right-of-way, public water towers, existing WTF towers or other public and/or non-residential buildings in commercial and industrial zoning districts.

2. Mount antennae on utility poles within the right-of-way, public water towers, existing WTF towers or other public or non-residential buildings in all zoning districts.

3. Locate antennae and new towers in the IBP, I1, and I2 zoning districts.

4. Locate antennae and new towers in the C1 and C2 zoning districts.

5. Locate antennae and new towers on non-residential property in the CBD, TOC, and PI zoning districts.

6. Locate antennae and new towers on non-residential property in the NC1 and NC2 zoning districts.

7. Locate antennae and new towers in the C3 zoning district.

8. Locate antennae and new towers on non-residential property in the OSR1 and OSR2 zoning districts.

9. Locate antennae and new towers on non-residential property in the MF1, MF2, MF3, and ARC zoning districts.

10. Locate antennae and new towers on residential property in the CBD, TOC, PI, NC1, NC2, OSR1, OSR2, and ARC zoning districts.

11. Locate antennae and new towers on residential property in MF1, MF2, and MF3 zoning districts.

12. Antennae and new towers shall not be located in single-family residential zoning districts, except as allowed above, unless the applicant demonstrates that all other possible locations, collocations and wireless technologies cannot be modified to function within their grid system. (Ord. 525 § 12, 2010; Ord. 264 § 1 (part), 2001.)

18A.70.630General Siting and Design Requirements.

The location and design of WTFs shall consider the impacts, including visual, of the facility on the surrounding neighborhood.

A. Siting. Any applicant who proposes to construct a new WTF or to modify or add to an existing WTF shall demonstrate, by engineering evidence satisfactory to the City, that the proposed facility is located at the least obtrusive and the most appropriate site available to satisfy its function in the applicant’s grid system. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening and shall be designed to minimize any significant adverse impact on residential property.

B. Primary or Accessory Use. A WTF may be considered either a primary or an accessory use on a lot or parcel. A different use of an existing structure on the same lot shall not preclude the installation of a WTF on that lot.

C. Development. Development and construction of the site shall preserve the existing character of the site as much as possible. Existing vegetation should be preserved. When existing vegetation cannot be preserved, vegetation shall be improved by landscaping. Disturbance of the existing topography of the site shall be minimized.

D. Design. Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site.

E. FCC Licensure. The City will only process WTF permit applications upon a satisfactory showing of proof that the applicant is a FCC-licensed telecommunications provider or that the applicant has agreements with a FCC-licensed telecommunications provider for use or lease of the facility.

F. Compliance with Other Laws. Wireless telecommunications facility service providers shall demonstrate compliance with FCC and FAA rules and regulations and all other applicable federal, state, and local laws, rules and regulations, including FAA and U.S. Air Force airspace maximum height criteria. Failure to maintain compliance with applicable standards and regulations shall constitute grounds for the City to remove a provider’s facilities at the provider’s expense.

G. Lot size. For purposes of determining whether the installation of a WTF complies with district development regulations including, but not limited to, setback requirements, lot-coverage requirements, and other development requirements, the dimensions of the entire lot shall control, even though the WTF may be located on leased parcel within that lot.

H. Height. Except as allowed by LMC 18A.70.645, Collocation, or LMC 18A.70.660, Conditional Use Permit, no WTF may exceed one hundred (100) feet in height. Further, the applicant must demonstrate, by engineering evidence satisfactory to the City, that the height requested is the minimum height necessary.

I. Security fencing. Wireless telecommunications facilities shall be enclosed by security fencing not less than six (6) feet in height, constructed of masonry, solid wood or coated chain link with matching colored slats, designed to blend with the character of the existing neighborhood provided, however, that the Community Development Director or, where applicable, the Hearing Examiner may waive these requirements as appropriate. Access to the WTF shall be through a locked gate, and there shall be a universal key box at any such gates.

J. Landscaping. Wireless telecommunications facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the WTF compound pursuant to LMC 18A.70.675(B). Screening.

K. Structure or rooftop mountings. Wireless telecommunications facilities mounted on existing structures or rooftops shall be designed and located so as to minimize visual and aesthetic impacts to the adjoining land uses and structures and shall, to the greatest extent practical, blend into the existing environment.

L. Aesthetics. Wireless telecommunications facilities shall meet the following requirements:

1. Unless a different color is required by the FCC or FAA, a WTF shall be painted a neutral color generally matching the surroundings or background to minimize its visual obtrusiveness.

2. At a WTF site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend into the existing natural and constructed environment.

M. View corridors. Due consideration shall be given so that WTFs do not obstruct or significantly diminish views of Mt. Rainier, Puget Sound, the Olympic Mountains or other scenic vistas.

N. Required parking. Off-street parking shall be provided in accordance with LMC 18A.50.550, Parking. The amount of parking required to be provided shall be dependent on whether the cell site is fully automated, partially automated, or is not automated.

O. Lighting. If lighting is required for any WTF, then the lighting shall be of a type to cause the least disturbance to the surrounding area and which shall not cause glare skyward or beyond the property line.

P. Measurement. For purposes of measurement, WTF setbacks and separation distances shall be calculated and applied irrespective of jurisdictional boundaries.

Q. Franchises, licenses, and permits. Owners and/or operators of a WTF shall certify that they have obtained all franchises, licenses, or permits required by law for the construction and/or operation of the WTF system in the city and shall file a copy of all required franchises, licenses, and permits with the Community Development Department at the time of application. All applicable franchises, licensees and permits required for operation shall be maintained.

R. Signs. No signs shall be allowed on antennae or towers.

S. Backhaul providers. Backhaul providers shall be identified and shall obtain and maintain all necessary approvals to operate as such, including holding necessary franchises, permits, and certificates. The method of providing backhaul, either wired or wireless, shall be identified.

T. Safety inspections. Each facility operator shall conduct all safety inspections in accordance with the EIA and FCC standards.

U. Equipment structures. Ground-level equipment, buildings, and the tower base shall be screened from public view. All such structures shall be considered primary structures, not accessory structures, for the purposes of development regulations. The standards for the equipment buildings are as follows:

1. The maximum floor area shall be three hundred (300) square feet, and the maximum height shall be twelve (12) feet, unless the applicant demonstrates that the WTF and/or proposed collocation will require additional space or height to function within the provider’s local network. The City may, at its sole discretion, approve multiple equipment structures or one (1) or more larger structures if it will result in a more aesthetically pleasing structure and/or site design or will further other public policy objectives.

2. The equipment building shall be located no more than fifty (50) feet from the tower or antenna, except under unique and unusual circumstances demonstrated by the applicant to the City’s satisfaction or for other public policy considerations.

3. Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified in this title or other City ordinances or regulations.

4. A WTF, including equipment buildings, antennae, and related equipment, shall occupy no more than twenty-five (25) percent of the total roof area of the building on which the WTF is mounted. The City may, at its sole discretion, increase the percentage of building coverage allowed, if collocation is achieved and an adequate screening structure is used.

5. Equipment buildings mounted on a roof shall be completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building. Equipment for roof-mounted antenna may also be located within the building on which the antenna is mounted.

6. If located in residential zones, equipment buildings shall be designed so as to conform in appearance with nearby residential buildings and equipment structures shall comply with the setback requirements of the zoning district. (Ord. 264 § 1 (part), 2001.)

18A.70.635Siting and Design Requirements for Structure-Mounted WTF's.

A. A WTF mounted on and/or extending above a structure shall be subject to the following:

1. The antenna shall be architecturally compatible, to the maximum extent feasible, with the building and/or wall on which it is mounted, and shall be designed and located so as to minimize adverse aesthetic impact.

a. The antenna may be mounted on a wall of an existing building if it is mounted as flush to the wall as is technically possible and does not project further above the top of the wall on which it is mounted beyond that height necessary to fulfill the function of that site within the local network system.

b. The antenna may be mounted on a building roof if the City finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall.

c. The antenna shall be constructed, painted, or fully screened to match, as closely as possible, the color and texture of the building and/or wall on which it is mounted.

d. No portion of the antenna or base station shall exceed the height limitations set forth in this section.

2. If an equipment shelter is present, the structure shall be architecturally and visually compatible with surrounding existing buildings, structures, vegetation, and uses in terms of color, size, and bulk. Such facilities will be considered architecturally and visually compatible if they blend with the surrounding buildings in architectural character and color and are camouflaged to disguise the facility.

3. The maximum height of a utility pole extension shall be determined by the City Engineer and Community Development Director. The pole extension shall be designed such that the height of the utility pole is the minimum additional height necessary to support the antenna and the diameter of the utility pole required to support the antenna is not increased more than twenty (20) percent of the existing utility pole.

4. An antenna attached to the roof or sides of a building at least thirty (30) feet in height, or on an existing tower, a water tank, or a similar structure, must be either:

a. An omnidirectional or whip antenna no more than seven (7) inches in diameter and extending no more than sixteen (16) feet above the structure to which it is attached.

b. A panel antenna no more than two (2) feet wide and six (6) feet long, extending no more than ten (10) feet above the structure to which it is attached. (Ord. 264 § 1 (part), 2001.)

18A.70.640Tower Siting and Design Requirements.

A. Setbacks. All towers, support structures and accessory buildings must satisfy the minimum setback requirements for the zoning district in which they are located, except under the following conditions:

1. Tower setback. A tower’s setback shall be measured from the base of the tower to the property line of the parcel on which it is located. In the MF1, MF2, MF3, MR1, MR2, R1, R2, R3, and R4 zoning districts, where permitted, and on property abutting or adjacent to such districts, towers shall be set back from any property line in or abutting a residential zone a distance equal to one hundred (100) percent of tower height as measured from ground level, except for unusual geographic limitations or other public policy considerations, as determined at the City’s sole discretion.

2. In all other zones, towers shall comply with a minimum setback of fifteen (15) feet from all property lines.

3. Right-of-way setback exception. The setback requirement may be waived if the antenna and antenna support structure are located in the public right-of-way.

B. Support systems setbacks. All guy wires, anchors, and other support structures must be located within the buildable area of the lot and not within the front, rear, or side yard setbacks or within the landscape screening buffer area and which shall be located no closer than fifteen (15) feet to any property line.

C. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required for any WTF, then the lighting must be of the type to cause the least disturbance to the surrounding area and shall not cause glare skyward or beyond the property line. If lighting is required for a tower, dual mode lighting shall be requested from the FAA when residential uses are located within five hundred (500) feet of the tower.

D. Monopole construction required. All towers shall be of a tapering monopole construction unless the provider can demonstrate that another type of tower would cause less impact to the surrounding property than a monopole structure and/or would otherwise further the purposes and goals of this section.

E. Inventory of existing sites. Each applicant for a tower shall provide an inventory of its existing WTF sites that are within the jurisdiction of the City and within one (1) mile of its borders, including specific information about the location, height, and design of each facility.

F. Building and safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with applicable City building codes and EIA standards, as amended. New construction and any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer licensed in Washington State, which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice provided to the owner of the tower, the owner shall have thirty (30) days to bring the tower into compliance with such standards. If the owner fails to bring the tower into compliance within thirty (30) days, the City may remove the tower at the owner's expense. If the structure is determined by the City to pose an imminent danger to the public, the City shall be entitled to abate the danger through the appropriate processes established by the City.

G. Antenna and support structure safety. The tower or antenna and its support structure shall be designed to withstand, at a minimum, a wind force of one hundred (100) miles per hour and one-half (1/2) inch of ice without the use of supporting guy wires. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

H. Site selection and tower height. Towers shall be located to minimize their number, height, and visual impacts on the surrounding area in accordance with the following policies:

1. Tower height shall not exceed one hundred (100) feet in height except under the following conditions:

a. Collocation of two (2) or more service providers allows for additional height by using collocation height increment provisions.

b. A single service provider can demonstrate, via the conditional use permit criteria and all other applicable criteria in this section and this title, that a tower greater than one hundred (100) feet in height is necessary to provide service within its provider system.

2. The height of a tower shall have the least visual impact feasible and the height shall be no greater than necessary to achieve service area requirements and to provide for potential collocation; and

3. The owner or operator has demonstrated that the tower site selected provides, to the greatest extent feasible, the least visual impact on residential areas. This shall include an analysis of the potential impacts from other vantage points in the area to illustrate that the selected site and design provides the best opportunity to minimize the visual impact of the proposed facility.

4. The tower shall be sited to minimize solitary or prominent visibility when viewed from surrounding areas, especially residential areas. The facility shall be camouflaged to the maximum extent feasible.

I. Screening. Towers shall be significantly screened to the extent that it does not result in significant signal degradation. If there are no trees to provide screening, the site shall utilize significant camouflage or other design/construction methods satisfactory to the City, so as to provide compatible aesthetics on and around the site, to the fullest extent reasonably possible.

J. Separation distances between towers. Separation distances between towers shall be measured between the proposed tower and pre-existing towers. Measurement shall be from base of tower to base of tower, excluding pad, footing or foundation. The separation distances shall be measured by drawing or following a straight line between the nearest point on the base of the existing tower and the proposed tower base, pursuant to a site plan of the proposed tower. The separation distances shall be listed in linear feet. Separation distances between towers shall be one thousand five hundred (1,500) linear feet, except when both towers are lattice or guyed towers, then the separation distance shall be five thousand (5,000) linear feet, or one (1) of the towers is a monopole is less than one hundred (100) feet in height, then the separation distance shall be one thousand (1,000) linear feet; or, if the City designates areas where multiple towers can be located in closer proximity. The applicant shall provide an inventory of all WTF towers, despite ownership, within a one thousand five hundred (1,500) or five thousand (5,000) foot radius, as appropriate, around the proposed tower site, and said inventory shall include the location, height and design style of each tower. The Community Development Director or Hearing Examiner, as applicable, may reduce tower separation distance requirements if written findings are made that the provider has demonstrated that the purposes and goals of this section or this title would be better served in doing so. However, the development of multiple tower locations on one (1) or more sites in close proximity, often referred to as “antenna farms,” are specifically prohibited, unless such a site has been so designated by the City Council.

K. Collocation priority. Collocation of antennae by more than one (1) provider on existing towers is preferred to the construction of new towers. New facilities shall be designed to accommodate collocation, unless the applicant demonstrates why such design is not feasible for technical reasons. (Ord. 264 § 1 (part), 2001.)

18A.70.645Collocation - Wireless Telecommunications Facilities.

To minimize adverse visual impacts associated with the proliferation of towers, collocation of WTFs on existing or new towers is promoted and encouraged as follows:

A. To reduce the number of antenna support structures needed in the city in the future, new proposed support structures shall be designed to accommodate antennae for more than one user, unless the applicant demonstrates why such design is not feasible for technical reasons.

B. Proposed facilities shall collocate onto existing towers wherever reasonably feasible. A new or additional administrative use or conditional use permit approval, as appropriate, is not required when a new service provider is added to an existing tower without modification or reconstruction of the tower. However, requirements for any and all other permits, licenses, leases, or franchise conditions must be satisfied, and the collocation must be accomplished in a manner consistent with the policies, siting and design criteria, and landscape and screening provisions contained in this section, as well as any applicable requirements of the original administrative use or conditional use permit and building permit.

C. An existing tower may be modified or rebuilt to a taller height to accommodate collocation of an additional antenna without a new or additional administrative use or conditional use permit, as appropriate, and without additional distance separation, provided that:

1. The tower shall be of the same tower type as the existing tower, or of a less obtrusive design, such as a monopole.

2. The additional antenna shall be of a similar type as those on the existing tower;

3. The tower, if reconstructed, is placed on its existing site within fifty (50) feet of its existing location.

4. The tower conforms to or can be modified to conform to the applicable design and development standards in this section.

5. The tower is not located within a single-family or multifamily residential zone. A tower may not be increased in height without a new or additional administrative use or conditional use permit, as appropriate, in these zones.

D. The City may deny an application to construct new facilities if the applicant has not demonstrated by substantial evidence that a diligent effort has been made to collocate the facilities.

E. Collocation height increments. Collocated WTFs are eligible for additional height allowances if collocation occurs according to certain height and usage criteria.

1. To qualify for collocation height increments, the minimum required number of service providers must either be co-applicants and/or have valid lease agreements with the applicant for collocation, at the time of application. However, space reserved for future collocations may qualify for a maximum of one (1) additional service provider for the purpose of height increments, when at least two (2) providers have already located facilities on the tower or have valid lease agreements for such location. Additional height resulting from a height increment shall not require an additional distance separation.

2. In cases of space reservation, a first right-of-refusal, which is either executed or maintained while the provider’s facilities and services are in use, to lease the area at the base of the tower and/or mount for other providers will meet the reservation requirement. The site plan shall reserve area for other providers’ equipment near the base of the applicant’s tower.

3. The additional height increment allowed for two (2) or more providers is thirty (30) feet above the base height. The additional height increment allowed for three (3) or more providers is fifty (50) feet above the base height and, for four (4) or more providers, is seventy (70) feet above the base height.

F. No WTF service provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate collocation with competitors. If a dispute arises about the feasibility of collocating, the Community Development Director may require a third party technical study, at the expense of either or both parties, to resolve the dispute. (Ord. 264 § 1 (part), 2001.)

18A.70.650Permits Required - Wireless Telecommunications Facilities.

Unless specifically exempt, all wireless telecommunications facilities require either an administrative use or conditional use permit. Any WTF application that is not subject to administrative use permit approval pursuant to LMC 18A.70.655, Approved WTFs., or an exemption pursuant to LMC 18A.70.620, Exemptions, shall require a conditional use permit pursuant to LMC 18A.70.660, Conditional Use Permit. In addition to these discretionary land use permits, additional permits including, but not limited to, a building permit, zoning certification, site development permit and if applicable, a right-of-way permit is required prior to site development and construction. (Ord. 264 § 1 (part), 2001.)

18A.70.655Administratively Approved WTFs.

The Community Development Director may administratively approve the WTF uses listed in this subsection, after an applicant has submitted a complete administrative use permit application and provided all information required by the City.

A. Administratively approved uses. The following uses may be approved after conducting an administrative review:

1. Industrial/commercial zones. Locating WTFs, including the placement of additional buildings or other supporting equipment used in connection with WTFs, that meet the required separation distances and that do not exceed one hundred (100) feet in height for a single user and one hundred thirty (130) feet in height for two (2) or more users in the C1, C2, C3, NC1, NC2, IBP, I1, I2, and PI zoning districts.

2. Antennae on existing structures. Locating a WTF, other than a tower, as an accessory use by attachment to any non-residential building or structure in any zoning district, provided that:

a. The WTF does not extend more than twenty (20) feet above the highest point of the structure if a whip antenna, or ten (10) feet above the highest point of the structure if other than a whip antenna.

b. The WTF complies with all applicable building codes.

c. All associated equipment is placed either within the same building or in a separate structure that matches the existing building or structure in character and materials.

3. Facilities within allowable building height. Locating WTFs, including placement of additional buildings or other supporting equipment used in connection with the WTF, in the MF1, MF2, MF3, TOC, CBD zoning districts, so long as the WTF does not exceed the allowable building height for that district.

4. A mobile transmission facility or other temporary WTF for more than thirty (30) days. Upon a proper showing of extreme necessity (for example, if repair or modification of an existing WTF clearly and legitimately cannot be completed within 30 days), locating a mobile transmission facility at a single location for more than thirty (30) calendar days shall be allowed; however, purely economic convenience shall not be considered a viable factor in making this determination.

B. Authority to waive certain requirements. In connection with the administrative use permit approval, the Community Development Director may, in order to encourage camouflaging and collocation of WTFs, administratively reduce separation distance requirements between WTFs by up to thirty (30) percent in Commercial and Industrial zones if the provider demonstrates that the purposes and goals of this section would be better served in so doing.

C. Additionally, in order to encourage the use of the least obtrusive type of WTF, the Community Development Director may administratively permit the reconstruction of any existing WTF to a less obstructive form.

D. Appeal. An appeal to a final decision of the Community Development Director issued hereunder shall be heard by the Hearing Examiner in accordance with the requirements of LMC 18A.02, Administration. (Ord. 525 § 13, 2010; Ord. 264 § 1 (part), 2001.)

18A.70.660Conditional Use Permit - Wireless Telecommunications Facilities.

Application for a conditional use permit shall be subject to the procedures and requirements of LMC 18A.10, Discretionary Permits, Conditional Use Permits., except as modified by this subsection. Conditional use permits shall be required for the following WTFs:

A. Tower height. Locating WTFs that exceed one hundred (100) feet in height for a single user or one hundred thirty (130) feet in height for two (2) or more users.

B. Amateur radio antennae. Locating amateur radio antennae or towers that exceed seventy (70) feet in height.

C. Locating WTFs on existing structures. Placement of WTFs on existing structures that will exceed the height limitations in LMC 18A.70.655(A)(2)(a), Antennae on Existing Structures.

D. Wireless telecommunications facilities exceeding allowable building height. Locating WTFs, including towers, that exceed the allowable building height limitations in the MF1, MF2, MF3, TOC, and CBD zoning districts.

E. Tower construction under allowed separation distances. Locating towers that do not meet the separation distance requirements in LMC 18A.70.640(J), Separation Distances Between Towers., or that do not meet administratively approved separation distance limits in LMC 18A.70.655(B), Authority to Waive Certain Requirements.

F. Wireless telecommunications facilities that are located on public property, and are:

1. Separate from existing structures on property owned, leased, or otherwise controlled by the City or other governmental entity.

2. Attached to existing structures exceeding the height limitations in LMC 18A.70.655(A)(2)(a), Antennae on Existing Structures., on property owned, leased, or otherwise controlled by the City or other governmental entity.

G. Any other WTF application that is not subject to administrative approval pursuant to LMC 18A.70.655, Administrative Approved WTFs, or an exemption pursuant to LMC 18A.70.620, Exceptions. (Ord. 264 § 1 (part), 2001.)

18A.70.665Factors for Granting Conditional Use Permits for Towers.

A. In addition to the conditions of LMC 18A.10, Discretionary Permits, Conditional Use Permits, the following factors shall be taken into consideration when reviewing a CUP application for a WTF tower. The Hearing Examiner shall make written findings to approve, deny, modify or condition an application on the basis of these factors:

1. Height of the proposed tower.

2. Proximity of the tower to residential structures and residential zoning district boundaries.

3. Nature of uses on adjacent and nearby properties.

4. Surrounding topography.

5. Surrounding tree coverage and foliage.

6. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

7. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures.

8. Collocation of other service providers on the proposed tower.

9. Obstruction of or interference with views.

10. Consistency with the purpose and goals set forth in this section.

B. Authority to waive certain requirements. In connection with this conditional approval, the Hearing Examiner may, in order to encourage camouflaging and collocation of WTFs, waive separation distance requirements between WTFs by up to seventy (70) percent in Commercial and Industrial zones if the provider demonstrates that the purposes and goals of this section would be better served.

C. Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the satisfaction of the Hearing Examiner that no existing tower, structure, or alternative technology that does not require the use of towers can accommodate the applicant’s proposed WTF. An applicant shall submit information related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant’s proposed WTF shall address the following:

1. No existing WTF is located within the geographic area that meets applicant’s engineering requirements.

2. Existing WTFs are not of sufficient height to meet applicant’s engineering requirements.

3. Existing WTFs cannot practically be reconstructed to provide sufficient structural strength to support applicant’s proposed antenna and related equipment.

4. Electromagnetic interference would occur between two (2) or more WTF systems.

5. The fees, costs, or contractual provisions required by the owner in order to share an existing WTF or to adapt an existing WTF for collocation are unreasonable. Fees or costs that exceed new WTF development shall not be presumed to render sharing facilities unsuitable.

6. Other limiting factors render existing WTFs unsuitable.

7. An alternative technology that does not require the use of towers or structures would be unsuitable. Costs of alternative technology that exceed new WTF development shall not be presumed to render the technology unsuitable. (Ord. 264 § 1 (part), 2001.)

18A.70.670Siting and Permit Requirements for WTF Use on Public Property.

A. Priority of WTF placement. Where public property is sought to be utilized for WTFs, priority will be given to the following entities in descending order:

1. City of Lakewood.

2. Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the City of Lakewood, and private entities with a public safety agreement with the City of Lakewood.

3. Other governmental agencies, for uses which are not related to public safety.

4. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, data, Internet, paging, and similar services that are marketed to the general public.

B. Minimum requirements. The placement of wireless telecommunications facilities on City-owned property must comply with the following requirements:

1. The facilities shall not interfere with the purpose for which the City-owned property is intended.

2. The facilities shall have no significant adverse impact on surrounding properties.

3. The applicant shall obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other provisions and safeguards deemed necessary by the City. The City shall determine appropriate fees after considering comparable rates in other cities, potential expenses, risks to the City, and other appropriate factors.

4. The applicant shall submit a letter of credit, cash guarantee, or other security acceptable to the City to cover the costs of removing the facilities.

5. The antennae or tower shall not interfere with other users who have a higher use priority on the public land pursuant to LMC 18A.70.670(A), Property of WTF Placement.

6. The lease shall provide that, in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the City may require the applicant to remove the facilities at the applicant’s expense.

7. The applicant shall reimburse the City for any related costs incurred by the City because of the presence of the applicant’s facilities.

8. The applicant shall obtain all necessary land-use approvals.

9. The applicant shall cooperate with the City’s objectives to promote and encourage collocation.

10. The applicant shall comply with the requirements and conditions set forth in any administrative or conditional use permits, or decision of a reviewing body.

11. The applicant shall comply with requirements for maintenance of the facility site, including but not limited to keeping lawns mowed, providing litter control and maintaining trees and other vegetation in a healthy state.

C. Special requirements for parks. The use of City-owned parks for WTFs brings with it special concerns due to the unique nature of these sites. The placement of a WTF in a park shall be allowed only when the following additional requirements are met:

1. The applicant has clearly demonstrated to the satisfaction of the City that the following additional criteria are met:

a. Placement of the WTF shall conform to the requirements of the Critical Areas and Resource Lands Ordinance.

b. Visual impacts shall be mitigated to the fullest extent reasonably possible.

c. Accommodations shall be included in the design and placement of the WTF to ensure that there will be no disruption of normal public use of the park.

d. Placement of the WTF in a public park is absolutely necessary for the effective operation of the applicant's system, and that placement at other alternate sites would not be reasonably possible.

2. The Community Development Director has made a recommendation, based on the approval criteria, to the City Council regarding the WTF proposed to be located in the park.

3. The City Council has considered the Community Development Director’s recommendation in relation to the request and the applicable criteria, and has given consent for such use of the park. (Ord. 264 § 1 (part), 2001.)

18A.70.675Landscaping and Screening - WTFs.

A. Landscaping. Wireless telecommunications facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the WTF compound. The City may also require any combination of existing vegetation, topography, walls, decorative fences or other features, in addition to landscaping, necessary to achieve the desired level of screening of the site. If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping may not be required. Landscaping is not required for WTFs mounted on rooftops or on the top of other structures; however, other methods of screening may be required to be utilized.

B. Screening. The visual impacts of a WTF shall be mitigated through landscaping or other screening materials at the base of a WTF and/or compound. The following landscaping and buffering shall be required around the perimeter of the compound. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or as a supplement to landscaping requirements.

1. Evergreen trees, a minimum of twelve (12) feet tall at planting, shall be planted in two (2) rows around the perimeter of the fence. The trees shall be planted so that the trees are staggered in the rows to provide maximum screening and are located no further apart than fifteen (15) feet on center.

2. A row of bushes at least thirty (30) inches high at planting and which is capable of growing into a continuous hedge to at least forty eight (48) inches in height within two (2) years shall be planted no more than four (4) feet on center, in front of the tree line referenced above.

3. Groundcover shall be planted such that it will completely cover the soil within the landscape area within eighteen (18) months of planting, generally one (1) gallon size plants planted no more than eighteen (18) inches on center.

4. In the event that landscaping is not maintained at the level required herein or as required in any administrative use or conditional use permit, the City may, after giving thirty (30) days’ advance written notice, establish and/or maintain the landscaping and bill both the owner and lessee of the site for such costs until such costs are paid in full.

5. The Community Development Director or, where applicable, the Hearing Examiner, may modify these requirements if the goals of this section would be better served. (Ord. 264 § 1 (part), 2001.)

18A.70.680Nonconforming Uses - Wireless Telecommunications Facilities.

A. Pre-existing WTFs shall be allowed to continue their usage as they presently exist. Emergency repairs and routine maintenance shall be permitted on pre-existing WTFs. Any construction, alteration or modification other than repair or maintenance on a pre-existing WTF shall comply with the requirements of this section.

B. Damage or destruction not the fault of owner/occupant. Legal nonconforming WTFs that are damaged or destroyed without fault attributable to the owner or entity in control may be rebuilt without first having to obtain an administrative use or conditional use permit and without having to meet separation requirements. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility or of a less obtrusive design, such as a monopole. Construction to rebuild the facility shall comply with all current applicable building codes and building permits shall be obtained prior to construction, and within one hundred eight (180) days from the date the facility is damaged or destroyed. If no building permit is obtained or if the permit expires, the WTF shall be deemed abandoned as specified in LMC 18A.70.685(A), Abandonment. (Ord. 264 § 1 (part), 2001.)

18A.70.685Non-use or Abandonment - WTFs.

A. Abandonment.

1. The owner or operator of any abandoned WTF shall notify the City of Lakewood, in writing, at least thirty (30) days prior to the date of discontinuation of operation or abandonment of a WTF. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the City's discovery of discontinuation of operation or upon a determination by the City of the date abandoned, and subsequent notice of the City’s determination of abandoned status to the WTF owner and/or operator.

2. Except as provided in LMC 18A.70.685(A)(3), an owner or operator shall have ninety (90) days from the date of abandonment within which to reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility.

3. If abandonment occurs due to the relocation of an antenna to a lower point on the antenna support structure, a reduction in the effective radiated power of the antenna or a reduction in the number of transmissions from the antennae, then the operator of the tower shall have six (6) months from the date of effective abandonment to collocate another service on the tower. If another service provider is not added to the tower, then the operator shall dismantle and remove, within thirty (30) days, that portion of the tower which resulted from a collocation height increment and/or exceeds the minimum height required to function satisfactorily. City approval for that portion of the tower shall automatically expire two hundred ten (210) days from the date of abandonment if the collocation is not completed or upon completion of the dismantlement and removal of that portion of the tower that is not longer being utilized, whichever comes first.

4. Except as provided in this section, changes which are made to WTFs that do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the providerstowers in the city or surrounding area, then all of the towers within the city shall similarly be reduced in height.

B. Dismantlement and Removal of Facility. If the abandoned WTF, including all accessory structures, antenna, foundation, and other associated appurtenances are not removed within the required time period, the City may remove the WTF and all associated development at the provider’s expense. If there are two (2) or more providers collocating on a facility, this provision shall not become effective until all providers cease using the facility, except as provided in LMC 18A.70.685(A)(3).

C. Except as provided in LMC 18A.70.685(A)(3), City approval for the facility shall automatically expire ninety (90) days from the date of abandonment if the WTF is not reactivated or upon completion of the dismantlement and removal of the WTF, whichever comes first.

D. Security and Lien. Prior to the commencement of demolition, each applicant shall post sufficient security in the form of a cash guarantee or assignment of funds in a form acceptable to the City, cashier’s check, or cash, to cover the estimated cost of demolition or removal of the tower and support structures, including complete site restoration. If, for any reason, the posted funds are not adequate to cover the cost of removal, then the City may charge the facility owner or operator with the City’s total cost incurred in removing the abandoned structures. If the owner or operator fails to make full payment within thirty (30) calendar days, then the amount remaining unpaid shall become a lien on the facility property. (Ord. 264 § 1 (part), 2001.)

18A.70.690Expert Review - Wireless Telecommunications Facilities.

Wireless telecommunications service providers use various methodologies and analyses, including geographically-based computer software, to determine the specific technical parameters of their services and low power mobile radio service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, a technical expert may need to review the technical data submitted by a service provider and/or applicant. The City may require a technical review as part of a permit application process. The costs of the technical review shall be borne by the service provider and/or applicant.

The selection of the technical expert shall be at the City’s sole discretion, with a provision for the provider and interested parties to comment on the proposed expert and review the expert’s professional qualifications. The expert review is intended to address the technical aspects of the proposed facilities at a specific location and/or a review of the providers’ methodology and equipment used. Based on the results of the expert review, the City may require additional information to be submitted as part of the application process. The expert review shall address the following:

A. The accuracy and completeness of submissions.

B. The applicability of analysis techniques and methodologies.

C. The validity of conclusions reached.

D. Any specific technical issues raised by the City. (Ord. 264 § 1 (part), 2001.)

18A.70.695Controlling Provisions.

To the extent that any provision of this chapter is inconsistent or conflicts with any other City ordinance, this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the City. (Ord. 264 § 1 (part), 2001.)

18A.70.700Cottage Housing.

(Ord. 620 §4, 2016; Repealed Ord. 358 § 1 (part), 2004.)

18A.70.710Purpose and Intent - Cottage Housing.

Purpose: The purpose of this chapter is to provide for a specific residential development type (“cottage housing”) featuring modestly sized single family detached residences with commonly held community amenities, and oriented around commonly held open-space areas. Specific design standards must be met. An increase in allowable density over the maximum density allowed in the underlying zoning district is provided as an incentive to encourage development of this type of housing, and in recognition of the reduced impacts expected from this type of housing versus typical single-family residential development. This housing type is intended to:

A. Promote a variety of housing choices to meet the needs of a population diverse in age, income, household composition, and individual needs.

B. Provide opportunities for more affordable housing choices within single-family neighborhoods.

C. Encourage creation of functional usable open space in residential communities.

D. Promote neighborhood interaction and safety through design.

E. Ensure compatibility with neighboring land uses.

F. Provide opportunities for infill development that support the growth management goal of more efficient use of urban residential land. (Ord. 620 § 5, 2016; Repealed Ord. 358 § 1 (part), 2004; Ord. 264 § 1 (part), 2001; Ord. 258 § 1 (part), 2001.)

18A.70.720Applicability- Cottage Housing.

Cottage housing is permitted in the R1, R2, R3 and R4 zoning districts. The provisions of individual zoning districts shall be applicable to cottage housing developments; provided, that where a conflict exists, the provisions of this section shall have control. (Ord. 620 § 5, 2016; Repealed Ord. 358 § 1 (part), 2004; Ord. 264 § 1 (part), 2001; Ord. 258 § 1 (part), 2001.)

18A.70.730General Provisions - Cottage Housing.

1. Cottage housing projects are permitted with the approval of a Cottage Housing Development Plan. Discrete ownerships may only be created through the residential binding site plan and/or condominium declaration process pursuant to RCW 64.34 as applicable. Cottage housing development plans shall be subject to review and approval as an administrative use permit subject to Process II permit procedures. Adherence to all applicable development standards shall be determined by the City’s Community Development Director as a component of the review process.

2. Individual cottage units shall contain at least eight hundred (800) and no more than one thousand five hundred (1,500) square feet of gross floor area. A covenant restricting any increases in unit size after initial construction shall be recorded against the property. Vaulted space shall not be converted into habitable space.

3. A community building of up to 2,500 square feet in size may be provided for the residents of the cottage housing development. Roof pitch, architectural themes, materials and colors shall be consistent with that of the dwelling units within the cottage housing development.

4. Accessory dwelling units shall not be permitted in cottage housing developments. (Ord. 620 § 7, 2016; Repealed Ord. 358 § 1 (part), 2004; Ord. 264 § 1 (part), 2001; Ord. 258 § 1 (part), 2001.)

18A.70.740Development Standards - Cottage Housing.

Cottage housing development shall be subject to the following development standards.

A. Density.

1. In the R1 and R2 zoning districts, cottage housing development shall be allowed a density not to exceed three (3) times the base density allowed in the underlying zone.

2. In R3 and R4 zoning districts, cottage housing developments shall be allowed a density not to exceed two (2) times the base density allowed in the underlying zone.

3. On a site to be used for a cottage housing development, existing detached single-family residential structures, which may be nonconforming with respect to the standards of this section, may be permitted to remain at the discretion of the community development director, but the extent of the nonconformity shall not be increased. The number of any such nonconforming dwelling unit(s) shall be multiplied by the factors noted in sections 1 or 2 above, and included in calculating the density of the cottage housing development.

4. An applicant for a cottage housing development shall be required to show, through a conceptual site plan, the number of traditional units that could be constructed on the site under conventional development standards and addressing any environmental constraints affecting the property. This number of units shall be used to calculate the maximum number of cottage units that may be constructed on the property.

B. Locational Criteria.

1. The minimum area for a cottage housing project is 0.75 acre, which may include more than one contiguous lot.

2. Cottage housing development shall be separated from another cottage housing development by a minimum of 400 feet measured between the closest points of the subject properties.

C. Site Design.

1. Cottage housing development shall be clustered and shall consist of a minimum of four (4) dwelling units and a maximum of twelve (12) dwelling units.

2. At least seventy-five (75) percent of dwelling units shall abut the common open space.

3. Common open spaces shall have dwelling units abutting at least two (2) sides.

4. Creation of individual lots shall only be permitted through the residential binding site plan process provided in LMC 17.34 and Chapter 64.34. RCW.

5. Siting of dwelling units or common open space in areas with slopes exceeding fifteen (15) percent is discouraged. Dwelling units shall not be placed in such areas if extensive use of retaining walls is necessary to create building pads or open space areas.

6. Fencing and Screening. The intent of internal decorative fencing and screening is to delineate private yards, screen parking areas and structures, community assets, refuse and recycling areas, and unit walls. A cottage housing development is intended to be an internally open community sharing common areas. The intent of external fencing and screening is to conceal the higher density development from adjacent lower density land uses. Chain link and solid fences shall not be allowed internally. Solid fencing is allowed on the perimeter boundary, except where bordering an external street where streetscape landscaping is required.

D. Setbacks and building separation.

1. Dwelling units shall have at least a twenty (20) foot front setback, eight (8) foot side yard setback and a ten (10) foot rear setback.

2. Dwelling units shall be separated from one another by a minimum of ten (10) feet, not including projections.

3. Dwelling units shall maintain a ten (10) foot separation between buildings.

4. Dwelling units not abutting or oriented toward a right of way shall have a front yard oriented towards the common open space.

5. The approval authority may use appropriate discretion, consistent with the intent of this chapter, in determining orientation of yards.

E. Minimum Lot Size. Beyond the density restrictions listed in this chapter, there is no required minimum lot size for lots created through the subdivision process.

F. Lot Coverage (all impervious surfaces). Impervious Surfaces shall not exceed fifty (50) percent. Lot coverage shall be calculated for the overall cottage housing development, not for individual lots. Paved components of common open space areas and walkways shall not be counted in lot coverage calculations.

G. Refuse and Recycling. Refuse and recycling containers shall be screened from view by landscaping or architectural screening, and shall not be located in the front yard setback area, or in locations where smells may be offensive to adjacent properties.

H. Pedestrian Network. Within the confines of the cottage housing development a network of pedestrian pathways shall be provided. Connections to the wider neighborhood shall be made where appropriate and allowed. All such pathways shall be accessible by the general public, except that walkways into and through the cottage housing development may be limited to residents and their guests. (Ord. 620 § 8, 2016; Repealed Ord. 358 § 1 (part), 2004; Ord. 264 § 1 (part), 2001; Ord. 258 § 1 (part), 2001.)

18A.70.750Open Space - Cottage Housing.

1. A minimum of five hundred (500) square feet of common open space shall be provided per dwelling unit.

2. Common open space shall be a minimum of three thousand (3,000) square feet in size, regardless of number of dwelling units.

3. No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than ten (10) feet, unless part of a pathway or trail.

4. In subdivisions and short subdivisions, common open space shall be located in a separate tract or tracts.

5. Required common open space shall be divided into no more than two (2) separate areas per cluster of dwelling units.

6. Common open space shall be improved for passive or active recreational use. Examples may include but are not limited to courtyards, orchards, landscaped picnic areas or gardens. Common open space shall include amenities such as but not limited to seating, landscaping, trails, gazebos, barbecue facilities, covered shelters or water features.

7. Surface water management facilities may be commonly held, but shall not counted toward meeting the common open space requirement.

8. Parking areas, required setbacks, private open space, and driveways do not qualify as common open space area.

9. Landscaping located in common open space areas shall be designed to allow for easy access and use of the space by all residents, and to facilitate maintenance needs. Where feasible, existing mature trees should be retained. (Ord. 620 § 9, 2016; Repealed Ord. 358 § 1 (part), 2004; Ord. 264 § 1 (part), 2001; Ord. 258 § 1 (part), 2001.)

18A.70.760Building Design Standards - Cottage Housing.

A cottage housing development is expected to reflect a coherent and high quality design concept and include architectural elements that ensure compatibility with existing neighborhood development and character. The following design elements are intended to provide compatibility with existing residential environments. Alternative designs may be submitted to the community development director for review and approval, but the community development director must find that any such concepts meet or exceed the design quality of the prescriptive standards, and fulfill the stated purpose and intent of this chapter.

A. Building Height.

1. The maximum building height for dwelling units shall be twenty-five (25) feet.

2. The maximum building height for garages, community buildings, and accessory structures shall be eighteen (18) feet.

B. Roofs.

1. Dwelling units shall have a minimum 6:12 roof pitch. Up to thirty-five (35) percent of roof area may have a slope not less than 4:12. Portions of a roof with a pitch of less than 6:12 shall be limited to architectural features such as dormers, porch roofs and shed roofs.

2. Garages and carports shall have a minimum 6:12 roof pitch.

3. Cottages shall be a maximum of two (2) stories. Any upper floor shall be located within the roof structure, not below it, in order to reduce building massing as much as possible.

C. Entries and Porches.

1. Each dwelling unit abutting a public right of way (excluding alleys) shall have a primary entry and covered porch a minimum of eighty (80) square feet in size, oriented toward the public right of way. If abutting more than one public right of way, the developer and City shall collaborate with the project proponent to determine which right of way the entrance and covered porch shall be oriented toward.

2. Each dwelling unit shall have an entry and covered porch oriented toward the common open space. If the dwelling unit abuts a public right of way, this may be a secondary entrance, and the minimum porch size shall be fifty (50) square feet. If not abutting a public right of way, this shall be the primary entrance, and the minimum porch size shall be eighty (80) square feet.

3. Covered porches shall be a minimum of six (6) feet deep.

D. Dwelling units shall not include attached garages

E. Detached garages. Each dwelling unit shall have no more than one detached garage. The size of the garage shall not exceed two hundred and fifty (250) gross square feet in size. Garages can be combined into one garage structure; however, no garage structure may exceed one thousand (1,000) square feet in size for a total not to exceed four garage spaces.

F. Community Development Director Review. The community development director shall consider all aspects of the project, and shall ensure that the project is well designed and compatible with existing and planned development in the vicinity. Possible topics for review by the include community development director (but are not necessarily limited to): building materials and finishes, articulation and modulation, massing, trim details, colors, exterior lighting, special building heights, paving materials, mechanical equipment screening, fencing, tree retention and landscaping. (Ord. 620 § 10, 2016; Repealed Ord. 358 § 1 (part), 2004; Ord. 264 § 1 (part), 2001; Ord. 258 § 1 (part), 2001.)

18A.70.770Parking - Cottage Housing.

A. A minimum of 2.0 parking spaces per cottage shall be provided for the entire development. An additional fifteen (15) percent of total required spaces shall be designated for guests.

B. All or a portion of new on-street parking provided as a component of the development may be counted towards minimum parking requirements if the approval authority finds that such parking configuration will result in adequate parking, and is compatible with the character and context of the surrounding area.

C. Carports are prohibited in cottage housing development.

D. Shared detached garages and surface parking design. Parking areas should be located so their visual presence is minimized and associated noise or other impacts do not intrude into public spaces. These areas should also maintain the single-family character along public streets.

1. Shared detached garage structures may not exceed four (4) garage doors per building, and a total of one-thousand (1,000) square feet.

2. For shared detached garages, the design of the structure must be similar and compatible to that of the dwelling units within the development.

3. Shared detached garage structures and surface parking areas must be screened from public streets and adjacent residential uses by landscaping. consistent with LMC 18A.50.430, or architectural screening.

4. Shared detached garage structures shall be reserved for the parking of vehicles owned by the residents of the development. Storage of items which preclude the use of the parking spaces for vehicles is prohibited.

5. Surface parking areas may not be located in clusters of more than four (4) spaces. Clusters must be separated by a distance of at least 20 feet.

6. The design of garages must include roof lines similar and compatible to that of the dwelling units within the development.

7. Parking lots shall be set back at least twenty (20) feet from front property lines and ten (10) feet from external side and rear property lines.

8. Garage doors shall not be oriented toward a public right of way with the exception of an alley.

9. Garages and carports shall not be located between the common open space and the dwelling units. (Ord. 620 § 11, 2016; Repealed Ord. 358 § 1 (part), 2004; Ord. 264 § 1 (part), 2001; Ord. 258 § 1 (part), 2001.)

18A.70.780Common Area Maintenance - Cottage Housing.

Cottage housing development shall be required to implement a mechanism, acceptable to the approval authority, to ensure the continued care and maintenance of all common areas including common open space, parking, surface water management facilities (if applicable) and any other common area or shared facilities. Such a mechanism shall include creation of either a homeowners’ or condominium association with authority and funding necessary to maintain the common areas. (Ord. 620 § 12, 2016; Repealed Ord. 358 § 1 (part), 2004; Ord. 264 § 1 (part), 2001; Ord. 258 § 1 (part), 2001.)

18A.70.790Cottage Housing - Low Impact Development Standards.

A. The proposed site design shall incorporate the use of low impact development (LID) strategies to meet storm water management standards. LID is a set of techniques that mimic natural watershed hydrology by slowing, evaporating/transpiring, and filtering water, which allows water to soak into the ground closer to its source. The design should seek to meet the following objectives:

1. Preservation of natural hydrology.

2. Reduced impervious surfaces.

3. Treatment of storm water in numerous small, decentralized structures.

4. Use of natural topography for drainage ways and storage areas.

5. Preservation of portions of the site in undisturbed, natural conditions.

6. Reduction of the use of piped systems. Whenever possible, site design should use multifunctional open drainage systems such as vegetated swales or filter strips which also help to fulfill landscaping and open space requirements. (Ord. 620 § 13, 2016.)

18A.70.795Modifications - Cottage Housing.

Applicants may request modifications to the open space, site design, design standards, setbacks and parking provisions of this chapter. The approval authority may modify the above referenced provisions of this chapter if both of the following apply:

A. The site is constrained due to unusual shape, topography, easements or critical areas; and

B. The modification will not result in a project that is less compatible with neighboring land uses than would have occurred under strict adherence to the provisions of this chapter.

C. The approval authority may permit modifications to the building design standards if it finds the alternative design concept provides a high level of design quality and compatibility with the character of the surrounding neighborhood. (Ord. 620 § 14, 2016.)

18A.70.800Zero Lot Line Residential Development. (Repealed)

(Repealed Ord. 412 § 14 (part), 2006.)

18A.70.810Purpose - Zero Lot Line Residential Development. (Repealed)

(Repealed Ord. 412 § 14 (part), 2006; Ord. 264 § 1 (part), 2001.)

18A.70.820Applicability - Zero Lot Line Residential Development. (Repealed)

(Repealed Ord. 412 § 14 (part), 2006; Ord. 277 § 1 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.70.830General Standards - Zero Lot Line Residential Development. (Repealed)

(Repealed Ord. 412 § 14 (part), 2006; Ord. 264 § 1 (part), 2001.)

18A.70.840Zone-Specific Development Standards. (Repealed)

(Repealed Ord. 412 § 14 (part), 2006; Ord. 277 § 1 (part), 2002; Ord. 264 § 1 (part), 2001.)

18A.70.900Bed and Breakfast Facilities.
18A.70.910Purpose - Bed and Breakfast Facilities.

The purpose of the bed and breakfast regulations are to allow for the provision of limited commercial transient lodging facilities as an accessory and subordinate use of a single family residence located in single-family residential neighborhoods, while at the same time ensuring that such facilities are compatible and do not adversely affect the residential character of the area and surrounding residences. (Ord. 317 § 13 (part), 2003.)

18A.70.930Requirements for Bed and Breakfasts.

A. Rooms. No more than five (5) rooms/units may be offered for rent in a bed and breakfast facility. Facilities with more than five (5) rooms/units for rent shall be classified as a Lodging- Level 3 commercial use type.

B. Parking. A minimum of one off-street parking space shall be provided for each lodging room included in the bed and breakfast facility, plus two parking spaces for the principal residents of the dwelling. One additional off-street parking space shall be provided if any non-resident employees are involved in the operation of the facility.

C. Applicable Codes. The bed and breakfast facility shall be subject to compliance with all applicable Federal, State and/or local requirements. Facilities with three or more rooms offered for rent are considered transient lodging facilities and are subject to the provisions of Chapter 70.62 RCW and 246.360 WAC.

D. Employees. No more than two (2) non-resident employees may be employed at the bed and breakfast facility, excluding domestic service providers (gardeners, repairmen, etc.), and temporary workers (such as caterers, valets etc.) retained for special events. The owner and operator of the facility shall reside on-site.

E. Conditions. As part of the administrative use permit process, the Community Development Director may impose additional conditions on the bed and breakfast facility in order to mitigate potential impacts that the operation might create for the surrounding neighborhood. Such conditions may include restrictions on special events involving persons other than overnight guests of the bed and breakfast that would disrupt the peace and quiet enjoyment of the residential area in the vicinity of the facility.

F. Signage shall conform to the standards set forth in LMC 18A.50.600.

G. Meals shall be provided only to residents and overnight guests, or in conjunction with permitted special events, subject to the requirements of WAC 246-215-180. (Ord. 317 § 13 (part), 2003.)