Chapter 15.465
RESIDENTIAL STANDARDS AND REGULATIONS

Sections:

15.465.005    Purpose

15.465.010    Authority and Application

15.465.100    Accessory Dwelling Units (ADUs)

15.465.200    Accommodation of Persons with Disabilities

15.465.300    Bed and Breakfast Standards

15.465.400    Community Residential Facilities Standards

15.465.500    Home Occupations

15.465.600    Mobile/Manufactured/Modular Homes and Mobile Home Parks

15.465.005 Purpose

The purpose of this chapter is to delineate regulations that apply to the following residential uses: accessory dwelling units, accommodation of persons with disabilities, community residential facilities, home occupations and mobile homes, manufactured homes and mobile home parks. (Ord. 15-1018 § 1)

15.465.010 Authority and Application

The provisions of this chapter shall apply to the following residential uses: accessory dwelling units, accommodation of persons with disabilities, community residential facilities, home occupations and mobile homes, manufactured homes and mobile home parks. (Ord. 15-1018 § 1)

15.465.100 Accessory Dwelling Units (ADUs)

A.    Purpose. The purpose of this section is to allow for and regulate the establishment of accessory dwelling units (ADUs) within, attached to, or detached from single-family dwellings while preserving the character and property values of single-family neighborhoods. The purposes of accessory dwelling unit provisions are to:

1.    Fully utilize residential housing supply in existing neighborhoods while preserving neighborhood character.

2.    Improve cost efficiency of existing infrastructure.

3.    Provide additional options for rental housing within a wide range of prices.

4.    Increase opportunities for home ownership and allow older homeowners to remain in their homes and obtain extra income, companionship, and security.

B.    Authority. This section is adopted under authority of RCW 43.63A.215.

C.    General Regulations.

1.    Review and Approval. To gain approval for an ADU, a property owner shall submit a registration form, sign an affidavit of owner occupancy, and apply for a building permit for necessary remodeling or construction. The Department and the Building Official shall review and approve or disapprove the application.

2.    Registration.

a.    An approved ADU shall be registered with the City of SeaTac, the registration certificate shall be recorded and filed as a deed restriction with the King County Recorder, and a certificate of occupancy shall be issued by the SeaTac Building Official.

b.    Illegally created nonconforming ADUs, existing prior to the enactment of these requirements, shall be registered. The property owner shall submit an application, a signed affidavit of owner occupancy and bring the unit up to minimum standards set forth in the City’s building code no later than twelve (12) months after the effective date of this code.

c.    Owners of legal ADUs, created prior to the adoption of this chapter under the requirements set forth in SMC 15.205.040, shall register their unit and file a signed affidavit of owner occupancy with the Department.

d.    Unless otherwise approved by the Director, ADU registration shall be cancelled as a result of an enforcement action due to violations of this chapter including: (1) unpermitted alteration of the ADU; (2) failure of owner to reside in either the primary or accessory dwelling unit; or (3) failure to maintain required off-street parking spaces.

D.    General Standards and Criteria.

1.    General.

a.    ADUs Per Lot. Only one (1) ADU is allowed per residential lot as a subordinate use in conjunction with any new or existing legal, conforming or nonconforming, detached single-family structure.

b.    Applicable Standards. The accessory dwelling unit must meet all technical codes and standards including standards for a one (1) or two (2) family dwelling unit, as referenced in SMC Title 13.

c.    Addresses. The Building Division will assign an address to the ADU.

d.    Subdivision. ADUs created within the single-family structure shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit. Detached ADUs may be segregated in ownership from the primary dwelling unit if such segregation meets all minimum requirements for a separate legal lot under City of SeaTac zoning and subdivision standards.

2.    Owner Occupation. An owner of the property must occupy either the primary single-family dwelling or the accessory dwelling unit.

a.    Qualifying as Owner Occupant. In order to qualify as an owner occupant, a fee owner must physically reside on the property at least nine (9) months in any twelve (12) month period.

b.    Absences. If an owner must be absent from the property for a longer period due to good cause, such as job dislocation, sabbatical leave, education, or illness, evidence must be submitted to the Director, and a waiver may be granted for up to three (3) months additional absence from the property.

c.    Affidavit/Certification. An owner shall sign an affidavit verifying that one (1) of the dwelling units is the legal residence of said property owner. An additional form of documentation such as a driver’s license or voter registration records shall be required to verify property owner occupancy of one (1) of the dwelling units. Falsely certifying owner occupancy or failure to comply with the terms of the owner certification shall result in loss of ADU registration and certificate of occupancy, and a penalty of five hundred dollars ($500.00) as prescribed by SMC 1.15.100.

d.    Violations. If the owner occupancy requirement is violated, an owner shall:

i.    Re-occupy the structure;

ii.    Remove the accessory dwelling unit; or

iii.    Submit evidence to the Director as specified in subsection (D)(2)(b) of this section for a waiver of this requirement for up to three (3) months.

E.    Building Setbacks. ADUs shall conform to the setback requirements for a main structure.

F.    Size.

1.    Detached ADU.

a.    Minimum: two hundred twenty (220) square feet (not including bathrooms and closets).

b.    Maximum: eight hundred (800) square feet (including bathrooms and closets).

2.    Attached ADU – New. Attached ADUs created through an addition or designed into a new structure at time of construction.

a.    Minimum: two hundred twenty (220) square feet (not including bathrooms and closets).

b.    Maximum: eight hundred (800) square feet (including bathrooms and closets).

3.    Attached ADU – Existing. Attached ADU, created within an existing a single-family residence.

a.    Minimum: two hundred twenty (220) square feet (not including bathrooms and closets).

b.    Maximum: forty-five percent (45%) of the total square footage of the existing dwelling (including bathrooms and closets).

G.    Dimensional Standards when Combined with Accessory Structure. Accessory dwelling units combined with an accessory structure, as defined under Chapter 15.105 SMC, Definitions, shall not exceed the following dimensional standards:

1.    Height.

a.    Twenty (20) feet in height (to the highest point of the structure) if the ADU is one (1) story.

b.    Twenty (20) feet in height, as determined pursuant to SMC 15.110.070, if the ADU is two (2) stories.

2.    Size for ADU. Eight hundred (800) square feet for the ADU.

3.    Size for Accessory Structure. One thousand (1,000) square feet for the accessory structure.

H.    Maximum Occupancy.

1.    ADUs two hundred twenty (220) to four hundred (400) square feet: two (2) persons.

2.    ADUs four hundred one (401) to six hundred (601) square feet: three (3) persons.

3.    ADUs six hundred one (601) square feet and greater: four (4) persons.

I.    Design.

1.    Appearance. An ADU shall be designed to preserve or complement the architectural design, style, and appearance of the primary single-family home. Specifically, whether attached or detached, the roof pitch, siding materials, color, and window treatment of the ADU shall be the same as, similar to, or an improvement to the appearance of, the primary structure. Where attached garage space is converted to an accessory dwelling unit, the garage door shall be replaced with materials that complement the exterior of the house.

2.    Entrances. A separate entrance for the ADU is necessary and shall be located on the side or rear of the structure. On a corner lot, no more than one (1) entrance shall be visible from either street.

3.    Exterior Stairs. Any exterior stairs shall be placed in the rear or side yard and must comply with setback standards set forth in SMC 15.400.330. Exterior stairs shall be subject to the same setback standards applied to uncovered porches and decks which exceed eighteen (18) inches above the finished grade.

J.    Parking.

1.    Minimum. A minimum of one (1) off-street parking space is required for an accessory dwelling unit, in addition to the number of spaces required for the existing single-family residence.

a.    A second parking space shall be required for units greater than six hundred (600) square feet in area.

b.    Waiver. A waiver of the requirement for the parking space(s) may be granted by the Director if topography of the site or existing structure location make its provision physically or economically infeasible and it is demonstrated that on-street parking is available.

2.    Location. The location for the parking space(s) shall be determined through consultation with the Department staff during plan review.

3.    Additional Parking. If additional parking is necessary, new parking space(s) shall utilize existing curb cuts, when possible.

K.    Home Occupations. Home occupations may be allowed in either the primary residence or the accessory unit, subject to the applicable provisions of the SeaTac Municipal Code. Special home occupation permits (SHOPs) shall not be granted for accessory dwelling units. (Ord. 15-1018 § 1)

15.465.200 Accommodation of Persons with Disabilities

A.    Purpose. The City recognizes the need to make reasonable exceptions to its Zoning Code, if requested, to accommodate the special needs of persons with disabilities.

B.    Application. Such exceptions may include:

1.    Increasing the number of nonrelated persons allowed to live together in a single-family house;

2.    Reducing setback requirements to retrofit a house with handicap accessible facilities;

3.    Other modifications to the Zoning Code necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling; provided such modification does not reduce public safety nor keep the intent of the code from being met.

C.    Authority. Exceptions from code requirements are made pursuant to the requirements of the Federal Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(B); and Washington Law Against Discrimination, Chapter 29.60 RCW for persons with disabilities as defined by Federal law in 42 U.S.C. 3602(h). See Chapter 15.105 SMC, Definitions, for the definition of disability.

D.    Accommodation Procedure.

1.    Request for Accommodation. Any person claiming to have a disability, or someone acting on his or her behalf, who wishes to be excused from an otherwise applicable requirement of this Zoning Code must provide the Director with verifiable documentation of the disability and need for accommodation.

2.    Decision Process.

a.    Director Authority. If disability and need for accommodation are demonstrated, the Director, in consultation with the City Attorney, is hereby authorized to vary, modify, or waive the provisions of the Zoning Code, in order to provide reasonable accommodation necessary to afford a disabled person the opportunity to use a dwelling.

b.    Prompt Action. The Director shall act promptly on the request for accommodation.

c.    No Fee. The Director shall not charge a fee for responding to such request.

d.    Appeal. The Director’s decision shall constitute final action by the City on the request for accommodation.

3.    Decision Criteria.

a.    Reasonable Response. The City’s duty to accommodate is an affirmative one, and the Director is thereby authorized to provide accommodations in a thoughtful and reasonable manner.

b.    No Loss of Code Purpose or Safety. No reasonable accommodation shall be provided to any chapter of the Zoning Code, or other code adopted pursuant thereto, which does not substantially accomplish the purposes of that chapter or which would reduce the public safety.

c.    Burden of Proof on Applicant. The applicant shall have the burden of establishing that the proposed modification, waiver, or variance accomplishes substantially the same purpose without reduction of safety.

d.    Minimum Accommodation Needed. The accommodation shall be the minimum necessary to grant relief to the applicant.

4.    Procedure Upon Change of Use.

a.    Accommodation Personal Unless Similar Use Reestablished within Six (6) Months. The accommodation provided shall be personal to the applicant and shall not run with the land; provided, however, that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site which establish the same use within six (6) months of the date the prior use by disabled persons or residential care provider ceases.

b.    Structure May Be Required to Be Brought Back Into Compliance. The Director may direct that any physical change in the structure which would otherwise be illegal under the Zoning Code, or other section of the SeaTac Municipal Code, be brought into compliance six (6) months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) and the Washington Law Against Discrimination (WLAD). (Ord. 15-1018 § 1)

15.465.300 Bed and Breakfast Standards

A.    Application. The provisions of this section shall apply to all bed and breakfast uses as defined in Chapter 15.105 SMC, Definitions.

B.    Bed and Breakfast Requirements.

1.    Number of Guests. Number of guests limited to six (6), with no more than three (3) bedrooms;

2.    Parking. Parking area for three (3) nonresident vehicles, and screened;

3.    Health Department Approval. Proof of King County Health Department approval;

4.    Meals Served. Breakfast is only meal served for paying guest. (Ord. 15-1018 § 1)

15.465.400 Community Residential Facilities Standards

A.    Application. The provisions of this section shall apply to all “group homes” in the City of SeaTac, which are classified as “community residential facilities (CRF).”

1.    Community residential facilities include all uses as defined by Chapter 15.105 SMC, Definitions, including housing for persons with disabilities, children and domestic abuse shelters.

2.    CRFs do not include the following uses as defined by Chapter 15.105 SMC, Definitions, including overnight shelters, halfway houses, or facilities providing alcohol and drug detoxification (defined as convalescent centers). Transitional housing is also classified as a separate use, unless such housing is for victims of domestic violence, for children, or for the disabled. Secure community transition facilities are neither group homes nor transitional housing.

B.    CRF Requirements. CRFs are divided into two (2) categories, I or II, based on size and occupancy.

1.    Community Residential Facilities I (CRF I).

a.    Occupancy Limits. CRF I may house up to five (5) residents plus two (2) caregivers, with the special exception that State-licensed adult family homes and foster family homes are exempt from the City’s numerical limit.

b.    Occupancy Limit Exceptions. Additionally, special exceptions to the limit on the number of occupants of a CRF I may be granted for persons with disabilities pursuant to the accommodation procedure provided in SMC 15.465.200, Accommodation of Persons with Disabilities.

c.    Appearance. In the single-family zone, CRF I are required to be a single-family structure compatible with the surrounding area. In the low density multi-family zone, CRF I are required to maintain residential character.

d.    Parking. Any parking spaces in excess of two (2) shall be screened from public streets.

2.    Community Residential Facility-II (CRF-II). CRF II are not subject to any numerical occupancy limit and are permitted in the high density multi-family and commercial zones. (Ord. 15-1018 § 1)

15.465.500 Home Occupations

A.    Home Occupations as Permitted Uses.

1.    Home occupations are permitted as an accessory residential use so that certain activities may be undertaken for gain or profit within a dwelling or a building accessory to a dwelling in a UL or UM zone, or any zone in which dwellings are present.

2.    The home occupation shall be conducted in such manner that the residence shall not differ from its residential character in either the use of colors, materials, construction, storage, lighting, signs or emissions of sounds, noise, vibrations or odors.

B.    Prohibited Activities. The following activities are determined to be incompatible with residential areas and shall not be allowed as home occupations:

1.    Automobile and motorcycle repair and body work (including painting);

2.    Automobile services, including detailing;

3.    Large appliance repair;

4.    Large or small engine repair;

5.    Commercial kennels or catteries;

6.    Commercial painting;

7.    Storage of building materials;

8.    Parking or storage of heavy equipment or vehicles;

9.    Religious facilities;

10.    Any use involving dispatch of employees from the property.

C.    Regulation of Home Occupations. Home occupations shall be required to have a business license pursuant to Chapter 5.05 SMC, and shall then be permitted, providing that each such home occupation meets the following criteria:

1.    Is carried on exclusively by a member(s) of a family residing in the dwelling unit and no more than two (2) nonresident employees with approved on-site parking;

2.    Is clearly incidental and secondary to the use of the property for dwelling purposes with the floor area devoted to the home occupation not exceeding twenty-five percent (25%) of the living area of the dwelling unit (not to include the grounds, out-buildings, garage, unfinished basement, or other areas not prepared for normal dwelling purposes);

3.    Has no display or sign other than an unlighted display or sign no larger than two (2) square feet attached to an existing structure;

4.    Has no outside storage nor other exterior indication of the home occupation or variation from the residential character of the property;

5.    Does not require truck delivery or pick-up not common to a residential dwelling (i.e., parcel service); delivery hours are restricted to the hours of 8:00 a.m. to 8:00 p.m.;

6.    Does not involve installation and use of heavy equipment, large power tools, or power sources not common to a residential dwelling, or any other usage which creates a level of noise, vibration, smoke, dust, odors, heat or glare beyond that which is common to a residential area;

7.    Does not create a level of parking demand beyond a maximum of two (2) visitors at any given time and no more than eight (8) total two-way trips per day;

8.    Does not involve production, generation, storage or use of hazardous waste, as defined by the State Department of Ecology;

9.    Involves only sales which are an incidental use and which do not constitute regular retail sales on the premises.

D.    Uses and Activities Exempt from Regulation.

1.    Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses shall not be considered home occupations subject to regulation pursuant to subsection (C) of this section, Regulations of Home Occupations; provided, that any such use shall not be in existence for more than twenty (20) days in any one (1) calendar year, and shall not be in violation of any other chapter in this code, or City ordinance; 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.

2.    Day care facilities, bed and breakfast operations and other similar uses otherwise allowed in residential homes are exempt from the provisions of this chapter.

E.    Special Home Occupation Permits (SHOP).

1.    Special home occupation permits may be granted by the Director for any uses providing that not less than seven (7) of the nine (9) criteria set forth in subsection (C) of this section shall be met, except that compliance with subsection (C)(8) of this section shall be required.

2.    In considering applications for special home occupations permits, the Director shall consider the nature and conditions of all adjacent uses and structures, and no such special home occupation permit (SHOP) shall be authorized by the Director unless it is found that the authorization of the SHOP will:

a.    Not be materially detrimental to the public welfare;

b.    Not have adverse impact on adjacent properties in the zone or vicinity in which the subject property is located; and

c.    Be consistent with the spirit and purpose of this chapter and code.

3.    In authorizing a SHOP, the Director may impose such requirements and conditions with respect to location, installation, construction, maintenance, operation and extent of open spaces in addition to those expressly set forth in this chapter and the code, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest.

4.    In addition, the Director may allow the applicant for a special home occupation permit a reasonable period of time, not to exceed one (1) year, in which to bring the home occupation into compliance with existing zoning regulations and the conditions imposed by the Director.

5.    A SHOP shall be processed as a Type II permit per Chapter 16A.23 SMC.

F.    Home Occupations Subject to Code Enforcement Action. In addition to any and all rights of inspection, access and enforcement contained in Chapter 15.125 SMC, Code Enforcement, the City is authorized to enforce any and all provisions of this chapter. Any home occupation in existence at the time of adoption of the ordinance codified in this chapter which has not been issued a City business license shall not be issued a license unless in conformance with the provisions herein. (Ord. 15-1018 § 1)

15.465.600 Mobile/Manufactured/Modular Homes and Mobile Home Parks

A.    Mobile Home Park Zone Classification. The mobile home park zone classification is created in order to allow and encourage mobile home parks within the City boundaries. The zone creates general standards for the siting of mobile homes on individual lots and parks, allows limited recreational vehicle storage and locations, encourages higher density and enhanced aesthetics while still providing moderate and low-income housing alternatives.

B.    Definitions.

Leasable Space

That area within mobile home parks designated on an approved master plan as lots for locating mobile home units with utility hook-ups.

Recreational Vehicle (RV)

A vehicle designed primarily for recreational camping, travel or seasonal use which has its own power or is towed by another vehicle, limited to motor home, travel trailer, camping trailer, park trailer, multi-use vehicle and truck camper.

Utility Hook-Ups

The minimum required utility hook-up apparatus (pursuant to city approval) including, but not limited to, sanitary sewer, water and electrical services.

C.    Modular and Manufactured Homes – Standards for Locating on Individual Lots. Modular and manufactured homes may be located within the UL and UM zone classifications; provided the following conditions are met:

1.    The home shall be installed in accordance with the manufacturer’s instructions, in accordance with the requirements of Chapter 296-150F or 296-150M WAC, as applicable, and shall be hooked up to all utility services;

2.    The home must meet the required sound insulation standards as set forth by applicable Federal Aviation Administration regulations when located within established noise remedy zones;

3.    Minimum size shall be eight hundred sixty-four (864) square feet;

4.    The home shall have exterior siding and skirting similar in appearance to siding materials commonly used on conventional site-built building code single-family residences.

D.    Mobile/Manufactured Home Park – Standards for Existing Parks.

1.    Mobile/manufactured home parks established prior to the effective date of this code shall continue to be governed by all standards relating to density, setbacks, landscaping and off-street parking in effect at the time they were approved.

2.    Placement of new accessory structures and replacement of mobile homes, either standard or nonstandard, in these mobile/manufactured home parks shall be governed by the dimensional standards in effect when the parks were approved. If the information is not available to determine the standards, then the average of the prevailing setbacks on the pads to either side of the proposed new or replacement structure shall apply.

3.    No spaces or pads in an existing mobile home park shall be used to accommodate RVs except when the spaces or pads were specifically designated (or approved) for RVs by the City pursuant to subsection (G) of this section, Recreational Vehicle Areas, or by King County at the time the park was established.

4.    All mobile homes installed in established parks shall meet the minimum standards set forth by the existing HUD standards and applicable Building Code and any amendments in effect.

E.    Mobile Home Park – Standards for New Parks. New mobile home parks shall be developed in the mobile home park zone and subject to the following standards:

1.    A mobile home park shall be at least three (3) acres in area.

2.    Residential densities in a mobile home park shall be as follows:

a.    Five (5) dwellings per acre in a RL zone classification;

b.    Seven (7) dwellings per acre in a RM and RH zone classification.

3.    A mobile home park shall be exempt from the building footprint and impervious surface limits set forth in SMC 15.400.100, Residential Standards Chart, and 15.400.200, Commercial, Industrial, Park Standards Chart.

4.    At least two (2) off-street parking spaces shall be required for each mobile home and located on or adjacent to each mobile home pad.

5.    Internal roads and sidewalks shall provide access to each mobile home space and shall be constructed in accordance with the adopted City road standards for residential minor access streets.

6.    Access to the park site shall be from a major or arterial roadway.

7.    There shall be a minimum of sixteen (16) feet of separation maintained between all mobile homes on the site. Accessory structures shall be located no closer than:

a.    Ten (10) feet to mobile homes on adjacent spaces unless constructed of noncombustible materials, in which case the minimum setback shall be five (5) feet;

b.    Five (5) feet to accessory structures of mobile homes on adjacent spaces; and

c.    Five (5) feet to the mobile home or other accessory structures on the same space. A carport or garage may be attached to the mobile home, and the separation may be waived when such structures are constructed of noncombustible materials.

8.    All mobile homes shall be pit set and tied down per manufacturer’s standards or as prescribed by a licensed engineer in the State of Washington.

9.    A mobile home park may include a storage area for RVs owned by residents of the park; provided the storage area contains no utility hook-ups. No RV within the storage area shall be used as living quarters.

F.    Mobile Home Park – Alternative Design Standards. As an alternative to the building separation and internal streets standards of subsection (E) of this section, Mobile Home Park – Standards for New Parks:

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

a.    The common walls meet the fire protection standards set forth in the Building Code and the standards set forth in the Fire Code for duplexes, multi-family and condominium developments, as applicable; and

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

c.    An open space area for children shall be provided at a ratio of ten percent (10%) of the total park area.

2.    Private streets may used with a minimum driving surface of twenty-two (22) feet in width, provided:

a.    The circulation/street pattern is established in one (1) direction and approved by the Fire Marshal;

b.    All required parking is located off-street and as specified in Chapter 15.455 SMC, Parking and Circulation; and

c.    Such streets shall not serve over one hundred (100) dwelling units within the park.

G.    Recreational Vehicle Areas.

1.    Purpose. To allow the economic use of perimeter areas in mobile home parks; to foster affordable housing options; to create designated areas for recreational vehicles; to allow alternative use of land within mobile home parks, yet protect existing and future mobile home units.

2.    Siting Standards of Recreational Vehicles in Existing Mobile/Manufactured Home Parks.

a.    A site plan shall be submitted with the following standards for review and approval by the Director.

b.    Recreational Vehicle Sites. RVs may be located in a perimeter designated area. The designated area shall be a logically geometric shape, which does not encroach significantly into the area for mobile/manufactured home units.

It is provided, however, that once the owner of a mobile home park has given notice of intention to close the mobile home park pursuant to any applicable relocation plans, pending final closure of the mobile home park, and in keeping with the provisions of subsections (G)(2)(c), (d) and (e) of this section, the owner may site recreational vehicles in such mobile home spaces as may become vacant during the closure period without regard to the number of such recreational vehicles or their locations within the mobile home park. The closure period, which shall include the period of time from the date of the notice of the intention to close the mobile home park to the final closure of the mobile home park, shall not exceed one (1) year.

c.    Recreational vehicles shall hook up to the utility hook-ups (under permits) and maintain the minimum standards on those utilities.

d.    Recreational vehicles shall not remain on the leased space longer than one hundred eighty (180) days a year. The recreational vehicle must be physically detached from the utility hook-ups and out of the park for at least twenty-four (24) hours before hooking up again.

e.    The recreational vehicles shall meet all applicable health and building standards.

f.    The recreational vehicle section shall be screened from both the road and the mobile/manufactured home park with Type IV landscaping at a width of five (5) feet.

H.    Mobile Home Park Relocation Standards. At such time as the owner of a mobile home park determines to close a mobile home park, or any portion thereof, or to change the use of the land on which a mobile home park is located, or any portion thereof, including conversion to a mobile home park subdivision, condominium or cooperative as discussed below, but prior to the date on which the owner gives notice to tenants of the change of land use pursuant to RCW 59.20.080(1)(e), the owner shall submit to the City a mobile home park relocation plan covering the park or portion of the park for which a change is proposed.

In the case of conversion to a mobile home park subdivision, condominium or cooperative, a relocation plan shall be required if and only if purchase of a share is necessary to remain in the park; in such cases, the relocation plan shall be required only for tenants who are not purchasing a share and would be displaced by the conversion. Once the plan is approved in accordance with this section, the City shall issue a certificate of approval to the mobile home park owner. The mobile home relocation plan shall comply with the standards and procedures contained in this section.

If an eminent domain action of a Federal, State or local agency causes closure of a mobile home park and the procedures set forth in the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. 4601 et seq., and the regulations of 49 CFR Part 24 or the Relocation Assistance – Real Property Acquisition Policy Act of Chapter 8.26 RCW and the regulations of Chapter 468-100 WAC are followed, the requirements of those acts and regulations will supersede the requirements of this section and the standards contained herein.

If a condemnation action of the City causes closure of a mobile home park, the City will be responsible for fulfilling the requirements of the standards contained herein and may provide additional relocation assistance in accordance with the provisions of the State act and regulations. If the City chooses to follow portions of the State act and the Director determines that there is a conflict or redundancy between the portions of the State act and regulations being followed by the City, and the standards contained herein, the State act shall take precedence in such areas of conflict or redundancy. If the State act is followed in all respects, such act will supersede the requirements of this section and the standards contained herein.

1.    Required Elements of the Mobile Home Park Relocation Plan. The mobile home relocation plan shall include the following required elements:

a.    Inventory. An inventory of park tenants and their mobile homes shall be prepared in a format established by the Department (hereinafter referred to as the “department”). The purpose of the inventory is to provide data for the State Environmental Policy Act (Chapter 43.21C RCW) checklist (hereinafter referred to as the “SEPA checklist”), which will analyze the impact of the park closure, and to establish a basis for identifying relocation/mitigation options. The inventory shall include:

i.    An inventory of park tenants (to include information as to age, income, number of years in the park);

ii.    An inventory of the age and conditions of the mobile homes; and

iii.    Costs of pad rental, park utility fees and other charges, personal utilities, insurance, personal property taxes, and mobile home security interests, if applicable.

The inventory request form shall clearly state to tenants that disclosure of age, income and housing cost information is voluntary, and that the purpose of requesting the information is to assess the impact of the proposed closure and the applicability of low-income housing assistance programs. If provided, this information shall be treated in a confidential manner and shall be made public only in statistical summary format.

b.    Environmental Conditions. An analysis of environmental conditions in the park shall be conducted. The analysis shall include noise levels and other environmental factors affecting the suitability of the park for various land uses, including mobile homes, other residential uses, and commercial uses. This information will be used to prepare the SEPA determination of environmental impacts of the proposed action. Noise measurements shall be taken on site by the property owner using an approved noise meter.

c.    Options. A list of relocation options shall be prepared, including:

i.    A list of vacant mobile home park spaces in King and Pierce Counties, together with a description of each park’s amenities, restrictions, rental rates and other costs charged;

ii.    A list of low cost apartments or other low cost housing options in King County;

iii.    Information from banks concerning first-time home buyer programs;

iv.    Information from the county or nonprofit entities concerning relocation park options; and

v.    Information from the Port of Seattle regarding the process for obtaining Port noise mitigation funds and “advisory assistance,” if applicable, including a statement of whether or not the owner intends to participate in any available program and pass noise mitigation funds to tenants.

d.    Choices. A statement of housing preference, based on the available options, shall be gathered from each mobile home tenant. The list of each participating tenant’s preference shall provide a basis for tenants to coordinate their preferences with others in the park and with the available opportunities.

e.    Anticipated Timing. The mobile home park owner shall provide a statement of anticipated timing for park closure.

f.    Coordination Plans or Actions. The mobile home park owner shall provide a statement of any coordination plans or actions in addition to those stated above that the park owner intends to take in order to minimize the impacts of park closure on the tenants. The relocation plan shall identify an official relocation plan contact. The contact shall be responsible for providing the required relocation information to tenants and status information to the City.

2.    Required Process. The timing and preparation of the mobile home relocation plan shall comply with the following process:

a.    The owner of the park shall initiate a preapplication meeting with the department to clarify the requirements of the relocation plan. If applicable, the applicant shall also meet with Port of Seattle staff to determine if relocation assistance is available.

b.    The owner of the park shall notify, in writing, all affected park tenants and the department that the owner is beginning the process of preparing a mobile home relocation plan. In such notification, the department shall schedule a meeting with tenants to inform them of the owner’s proposal for the property, the requirements of the mobile home relocation standards, as contained herein, and the proposed timeline for the process.

c.    The mobile home park owner shall prepare a relocation plan, pursuant to the requirements of subsection (H)(1) of this section.

d.    The mobile home park owner shall complete a SEPA checklist for the relocation plan. A copy of the SEPA checklist shall be sent to each tenant of the mobile home park. If the owner is proposing to redevelop the site, the owner may choose to have the site plan for the new development evaluated for environmental impacts concurrently with the relocation plan. If this option is chosen, the owner shall submit a site plan along with the SEPA checklist and relocation plan.

e.    The department shall review the relocation plan to ensure compliance with the requirements of subsection (H)(1) of this section. If it is determined that the requirements have not been met, the department shall notify the mobile home park owner in writing of the identified deficiencies. The owner shall revise the plan to correct all of the identified deficiencies before resubmitting it to the City.

f.    Once it is determined that the requirements of subsection (A) of this section have been met, the Director of the department shall issue a decision on the relocation plan based on the impacts of the proposed action. The decision may be to approve, deny, or require modification of the relocation plan. If the relocation plan is approved, the Director shall issue a certificate of approval.

g.    The decision of the Director is appealable to the Hearing Examiner, in accordance with the procedures of SMC 15.115.070, Appeal Process. If the decision is appealed, the relocation plan process as set forth herein shall automatically be stayed until the appeal is resolved.

h.    If approved, the relocation plan shall be delivered to all tenants by the mobile home park owner prior to or coincident with the minimum twelve (12) month notice of intent to close the park. The relocation plan shall be valid for delivery to tenants for three (3) months from the date of approval. If the relocation plan is not delivered in this time frame, or if park closure does not occur within two (2) years of approval of the plan, preparation of a new or updated plan may be required by the City.

i.    The mobile home park owner shall provide to the City a statement confirming that all requirements of Chapter 59.23 RCW, if applicable, including notice and first right of refusal of tenants to purchase the park have been followed.

j.    The park owner shall submit to the City a report on the relocation process which shall include: (a) a list of tenants remaining in the park, by space or address (rent roll); and (b) spaces which have been vacated together with a description of the destination of vacating tenants and the type of housing obtained. The report shall be submitted monthly, or more frequently if requested by the department, until the park is vacant.

k.    Once the relocation plan has been deemed by the Director to be satisfactorily implemented, the City shall issue a certificate of satisfactory completion. The mobile home park shall not be closed prior to the issuance of said certificate. The relocation plan shall be deemed to be satisfactorily implemented when the plan’s stated actions have been implemented and when all tenants have relocated.

3.    Alternative Plan and Process. If the owner of a mobile home park negotiates a relocation agreement with tenants to the satisfaction of such tenants, the agreement, signed by all affected tenants, shall be submitted to the City in lieu of the relocation plan and process of subsections (H)(1) and (2) of this section. The following process shall then apply:

a.    The City Attorney shall review the agreement and attest to its legality as to form.

b.    The requirement of RCW 59.20.080(1)(e) with respect to a twelve (12) month notice of land use change must still be met. However, if all tenants have satisfactorily relocated prior to the statutory twelve (12) month period, the park, or portion thereof, may be closed sooner.

c.    Once the agreement has been determined to address the needs of the tenants, the Director shall issue a certificate of approval.

d.    The owner shall submit monthly reports in accordance with subsection (H)(2)(j) of this section.

e.    After all tenants have moved from the park, the Director shall issue a certificate of satisfactory completion and the park may be closed. (Ord. 15-1018 § 1)