Chapter 20.40
Zoning and Use Provisions

Sections:

Subchapter 1.    Zones and Zoning Maps

20.40.010    Purpose.

20.40.020    Zones and map designations.

20.40.030    Residential zones.

20.40.040    Nonresidential zones.

20.40.045    Campus zones.

20.40.046    Mixed-use residential (MUR) zones.

20.40.050    Special districts.

20.40.060    Zoning map and zone boundaries.

Subchapter 2.    Permitted Uses

20.40.100    Purpose.

20.40.110    Use tables.

20.40.120    Residential uses.

20.40.130    Nonresidential uses.

20.40.140    Other uses.

20.40.150    Campus uses.

20.40.160    Station area uses.

Subchapter 3.    Index of Supplemental Use Criteria

20.40.200    Purpose.

20.40.210    Accessory dwelling units.

20.40.220    Adult use facilities.

20.40.230    Affordable housing.

20.40.235    Affordable housing, light rail station subareas.

20.40.240    Animals – Keeping of.

20.40.250    Bed and breakfasts.

20.40.260    Boarding houses.

20.40.270    Cemeteries and columbariums.

20.40.275    Repealed.

20.40.280    Residential care facilities (RCF).

20.40.290    Conference center.

20.40.300    Repealed.

20.40.310    Court.

20.40.320    Daycare facilities.

20.40.330    Dormitory.

20.40.340    Repealed.

20.40.350    Eating and drinking establishments.

20.40.360    Fire facility.

20.40.370    Funeral home/crematory.

20.40.372    Gambling.

20.40.374    General retail trade/services.

20.40.380    Golf facility.

20.40.390    Repealed.

20.40.400    Home occupation.

20.40.405    Homeless shelter.

20.40.410    Hospital.

20.40.420    Interim recycling facility.

20.40.430    Kennels and catteries.

20.40.435    Library adaptive reuse.

20.40.436    Live/work.

20.40.438    Light rail transit system/facility.

20.40.440    Manufactured homes.

20.40.450    Medical office/outpatient clinic.

20.40.460    Mobile home parks.

20.40.470    Performing arts companies/theaters.

20.40.480    Repealed.

20.40.490    Repealed.

20.40.495    Recreational vehicle.

20.40.496    Research, development, and testing.

20.40.500    School bus base.

20.40.502    Secure community transitional facility.

20.40.504    Self-storage facility.

20.40.506    Single-family detached dwellings.

20.40.510    Single-family attached dwellings.

20.40.520    Specialized instruction school.

20.40.530    Repealed.

20.40.535    Repealed.

20.40.540    Repealed.

20.40.550    Transit park and ride lot.

20.40.560    Trucking and courier service.

20.40.570    Unlisted use.

20.40.580    Repealed.

20.40.590    Veterinary clinics and hospitals.

20.40.600    Wireless telecommunication facilities/satellite dish and antennas.

20.40.605    Wireless telecommunication facilities – Eligible facilities modifications.

20.40.610    Work release facility.

Subchapter 1.

Zones and Zoning Maps

20.40.010 Purpose.

The City is divided into zones established in this Code for the following purpose:

A.    To provide for the geographic distribution of land uses into zones that reflect the goals and policies of the Comprehensive Plan.

B.    To maintain a stability in land use designation with similar characteristics and level of activity through the provisions of harmonious groupings of zones together.

C.    To provide an efficient and compatible relationship of land uses and zones.

D.    To facilitate the redevelopment of the light rail station subareas in a manner that encourages a mix of housing, employment and other uses that support the light rail stations. (Ord. 706 § 1 (Exh. A), 2015; Ord. 238 Ch. IV § 1(A), 2000).

20.40.020 Zones and map designations.

A.    The locations and boundaries of the zoning districts shall be shown on the map accompanying the ordinance codified in this section and entitled, “Official Zoning Map, Shoreline, Washington.” The Official Zoning Map and all notations, references, and amendments thereto are hereby adopted by this section.

B.    The following zoning and map symbols are established as shown in the following table:

ZONING

MAP SYMBOL

RESIDENTIAL

(Low, Medium, and High Density)

R-4 through 48

(Numerical designator relating to base density in dwelling units per acre)

Mixed-Use Residential 35', 45', and 70'

(Numerical designator relating to height in feet)

NONRESIDENTIAL

Neighborhood Business

NB

Community Business

CB

Mixed Business

MB

Campus

CCZ, FCZ, PHZ, SCZ1

Town Center District

TC-1, TC-2, TC-3, TC-4

Planned Area

PA

1 CCZ refers to the CRISTA Campus; FCZ refers to the Fircrest Campus; PHZ refers to the Public Health Laboratory Campus; and SCZ refers to the Shoreline Community College Campus.

(Ord. 706 § 1 (Exh. A), 2015; Ord. 654 § 1 (Exh. 1), 2013; Ord. 609 § 7, 2011; Ord. 598 § 4, 2011; Ord. 560 § 3 (Exh. A), 2009; Ord. 507 § 4, 2008; Ord. 492 § 3, 2008; Ord. 281 § 4, 2001; Ord. 238 Ch. IV § 1(B), 2000).

20.40.030 Residential zones.

A.    The purpose of low density residential, R-4 and R-6 zones, is to provide for a mix of predominantly single detached dwelling units and other development types, such as accessory dwelling units and community facilities that are compatible with existing development and neighborhood character.

B.    The purpose of medium density residential, R-8 and R-12 zones, is to provide for a mix of single-family homes, duplexes, triplexes, townhouses, and community facilities in a manner that provides for additional density at a modest scale.

C.    The purpose of high density residential, R-18, R-24, R-48, and TC-4 zones, is to provide for a mix of predominantly apartment and townhouse dwelling units and other compatible uses. (Ord. 850 § 1 (Exh. A), 2019; Ord. 462 § 1, 2007; Ord. 238 Ch. IV § 1(C), 2000).

20.40.040 Nonresidential zones.

A.    The purpose of the neighborhood business (NB) zone is to allow for low intensity office, business and service uses located on or with convenient access to arterial streets. In addition these zones serve to accommodate medium and higher density residential, townhouses, and mixed-use types of development, while serving as a buffer between higher intensity uses and residential zones.

B.    The purpose of the community business zone (CB) is to provide location for a wide variety of business activities, such as convenience stores, retail, personal services for the local community, and to allow for apartments and higher intensity mixed-use developments.

C.    The purpose of the mixed business zone (MB) is to encourage the development of vertical and/or horizontal mixed-use buildings or developments along the Aurora Avenue and Ballinger Way corridors.

D.    The purpose of the town center zones (TC) is to provide for a central location that connects the major east-west and north-south connections in the City with a district that has the highest intensity of land uses, civic developments, and transportation-oriented design. (Ord. 654 § 1 (Exh. 1), 2013; Ord. 560 § 3 (Exh. A), 2009; Ord. 238 Ch. IV § 1(D), 2000).

20.40.045 Campus zones.

A.    The purpose of the campus zone is to provide for the location of charitable, educational, health, rehabilitative or other institutions and ancillary or compatible uses to the primary institutions located on the same site.

B.    Specific areas have been established to implement the appropriate objective of each different campus zone as follows:

1.    CRISTA Campus Zone (CCZ). CRISTA Ministries is an approximately 55-acre campus that provides such services and uses as education, senior care and housing, broadcasting, headquarters for humanitarian missions, relief and aid to those in need and specialized camps.

2.    Fircrest Campus Zone (FCZ). The Fircrest Campus is an approximately 83-acre site with existing uses that include the Fircrest School, a state-operated residential habilitation center and two not-for-profit tenants.

3.    Public Health Laboratory Zone (PHZ). The Public Health Laboratory is an approximately seven-acre campus that provides diagnostic and analytical services for the assessment and monitoring of infectious, communicable, genetic and chronic diseases and environmental health concerns for the State of Washington.

4.    Shoreline Community College Campus Zone (SCZ). Shoreline Community College is an approximately 79-acre state-operated community college. The college provides academic, professional, technical and workforce training programs, continuing education and community involvement programs to meet the lifelong learning needs of the community.

C.    All development within campus zones shall be governed by a master development plan reviewed pursuant to SMC 20.30.060 and 20.30.353. (Ord. 507 § 4, 2008).

20.40.046 Mixed-use residential (MUR) zones.

A.    The purpose of the mixed-use residential (MUR) zones (MUR-35', MUR-45', and MUR-70') is to provide for a mix of predominantly multifamily development ranging in height from 35 feet to 70 feet in appropriate locations with other nonresidential uses that are compatible and complementary.

B.    Specific mixed-use residential zones have been established to provide for attached single-family residential, low-rise, mid-rise and high-rise multifamily residential. The mixed-use residential zones also provide for commercial uses, retail, and other compatible uses within the light rail station subareas.

C.    Affordable housing is required in the MUR-45' and MUR-70' zone and voluntary in the MUR-35' Zone. Refer to SMC 20.40.235 for affordable housing light rail station subarea requirements.

D.    Construction in MUR zones must achieve green building certification through one of the following protocols: Built Green 4-Star or PHIUS+. If an affordable housing or school project is required to certify through the Evergreen Sustainable Development Standard, this protocol shall fulfill the requirement. If a project utilizes a more stringent certification protocol through the Deep Green Incentive Program, this shall fulfill the requirement.

E.    All development within the MUR-70' zone that seeks additional height and alternative development standards shall be governed by a development agreement as provided in SMC 20.30.355. (Ord. 839 § 1 (Exh. A), 2019; Ord. 850 § 1 (Exh. A), 2019; Ord. 706 § 1 (Exh. A), 2015).

20.40.050 Special districts.

A.    Planned Area (PA). The purpose of the PA is to allow unique zones with regulations tailored to the specific circumstances, public priorities, or opportunities of a particular area that may not be appropriate in a City-wide land use district.

1.    Planned Area 3: Aldercrest (PA 3). Any development in PA 3 must comply with the standards specified in Chapter 20.93 SMC.

B.    185th Street Light Rail Station Subarea Plan. The 185th Street Light Rail Station Subarea Plan establishes three zoning phases. Phase 1 zoning is delineated and shown on the City’s official zoning map. Phase 2 and 3 zoning is shown by an overlay. Property within the Phase 2 overlay will be automatically rezoned on March 1, 2021. Phase 3 will be automatically rezoned on March 1, 2033. (Ord. 706 § 1 (Exh. A), 2015; Ord. 654 § 1 (Exh. 1), 2013; Ord. 609 § 8, 2011; Ord. 598 § 5, 2011; Ord. 507 § 4, 2008; Ord. 492 § 4, 2008; Ord. 338 § 3, 2003; Ord. 281 § 5, 2001; Ord. 238 Ch. IV § 1(E), 2000).

20.40.060 Zoning map and zone boundaries.*

A.    The location and boundaries of zones defined by this chapter shall be shown and delineated on the official zoning map(s) of the City, which shall be maintained as such and which are hereby incorporated by reference as a part of this Code.

B.    Changes in the boundaries of the zones, shall be made by ordinance adopting or amending a zoning map.

C.    Where uncertainty exists as to the boundaries of any zone, the following rules shall apply:

1.    Where boundaries are indicated as paralleling the approximate centerline of the street right-of-way, the zone shall extend to each adjacent boundary of the right-of-way. Non-road-related uses by adjacent property owners, if allowed in the right-of-way, shall meet the same zoning requirements regulating the property owners’ lots;

2.    Where boundaries are indicated as approximately following lot lines, the actual lot lines shall be considered the boundaries;

3.    Where boundaries are indicated as following lines of ordinary high water, or government meander line, the lines shall be considered to be the actual boundaries. If these lines should change the boundaries shall be considered to move with them; and

4.    If none of the rules of interpretation described in subsections (C)(1) through (3) apply, then the zoning boundary shall be determined by map scaling.

D.    Classification of Rights-of-Way.

1.    Except when such areas are specifically designated on the zoning map as being classified in one of the zones provided in this title, land contained in rights-of-way for streets or alleys, or railroads, shall be considered unclassified.

2.    Within railroad rights-of-way, allowed uses shall be limited to tracks, signals or other operating devices, movement of rolling stock, utility lines and equipment, and facilities accessory to and used directly for the delivery and distribution of services to abutting property.

3.    Where such right-of-way is vacated, the vacated area shall have the zone classification of the adjoining property with which it is merged. (Ord. 352 § 1, 2004; Ord. 238 Ch. IV § 1(F), 2000).

*Code reviser’s note: The official Shoreline Zoning Map is on file at the offices of the City. Contact City Hall for more information.

Subchapter 2.

Permitted Uses

20.40.100 Purpose.

A.    The purpose of this subchapter is to establish the uses generally permitted in each zone which are compatible with the purpose of the zone and other uses allowed within the zone.

B.    The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied or maintained.

C.    The use is considered permanently established when that use will be or has been legally established in continuous operation for a period exceeding 60 days.

Exception to SMC 20.40.100(C): A use which will operate for less than 60 days or operates under an approved temporary use permit is considered a temporary use, and subject to the requirements of a temporary use permit.

D.    All applicable requirements of this Code, or other applicable State or Federal requirements, shall govern a use located in the City. (Ord. 731 § 1 (Exh. A), 2015; Ord. 238 Ch. IV § 2(A), 2000).

20.40.110 Use tables.

A.    The land use tables in this subchapter determine whether a specific use is allowed in a zone. The zone designation is located on the top of each column and the specific use is located on the horizontal rows.

B.    If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that zone.

C.    If the letter “P” appears in the box at the intersection of the column and the row, the use is permitted in that zone.

D.    If the letter “C” appears in the box at the intersection of the column and row, the use is allowed subject to a conditional use permit.

E.    If the letter “S” appears in the box at the intersection of the column and the row, the use is allowed subject to a special use permit.

F.    If an “-i” appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above (P, C or S), the requirements of this Code, and the specific conditions indicated in the Index of Supplemental Use Criteria (SMC 20.40.200 through 20.40.610) for that type of use.

G.    For the purposes of this Code, in most instances only broad use classifications that share similar characteristics are listed in the use tables. Where separate regulations or permit processes are necessary, uses are classified further. Some uses are identified with a detailed description provided in a referenced North American Industrial Classification System (NAICS) number. (This system classifies land uses by categories and provides subclassification for more detailed associated uses.) In case of a question as to the inclusion or exclusion of a particular proposed use, which is not identified in these tables, the use shall not be permitted unless allowed through a Code interpretation applying the criteria for Unlisted Use found in the Index of Supplemental Use Criteria (SMC 20.40.200 through 20.40.610). Temporary uses are allowed under criteria listed in SMC 20.30.295.

H.    The Director is authorized to make reasonable accommodations to provisions of the Code that apply to dwellings occupied or to be occupied by disabled persons as defined by the Federal Fair Housing Act and Fair Housing Act Amendments, when such reasonable accommodations may be necessary in order to comply with such acts. All such accommodations shall be personal to the applicant and shall expire immediately if the disabled applicant terminates occupancy at the subject site.

I.    Where a zoning designation line divides a parcel which was in single ownership on August 17, 2015, and it contains more than one nonresidential zoning designation with no internal or abutting residential zoning designations, then any combination of the nonresidential zones’ allowed land uses shall be permitted throughout the entire parcel. All other development standards apply to each zone separately. See SMC 20.50.020(D) for more exceptions to lots with split zoning. (Ord. 722 § 1, 2015; Ord. 609 § 9, 2011; Ord. 425 § 2, 2006; Ord. 238 Ch. IV § 2(B), 2000).

20.40.120 Residential uses.

Table 20.40.120 Residential Uses 

NAICS #

SPECIFIC LAND USE

R4-R6

R8-R12

R18-R48

TC-4

NB

CB

MB

TC-1, 2 & 3

RESIDENTIAL GENERAL

 

Accessory Dwelling Unit

P-i

P-i

P-i

P-i

P-i

P-i

P-i

P-i

 

Affordable Housing

P-i

P-i

P-i

P-i

P-i

P-i

P-i

P-i

 

Apartment

 

C

P

P

P

P

P

P

 

Home Occupation

P-i

P-i

P-i

P-i

P-i

P-i

P-i

P-i

 

Manufactured Home

P-i

P-i

P-i

P-i

 

 

 

 

 

Mobile Home Park

P-i

P-i

P-i

P-i

 

 

 

 

 

Single-Family Attached

P-i

P

P

P

P

 

 

 

 

Single-Family Detached

P

P

P

P

 

 

 

 

GROUP RESIDENCES

 

Adult Family Home

P

P

P

P

 

 

 

 

 

Boarding House

C-i

C-i

P-i

P-i

P-i

P-i

P-i

P-i

 

Residential Care Facility

C-i

C-i

P-i

P-i

 

 

 

 

721310

Dormitory

 

C-i

P-i

P-i

P-i

P-i

P-i

P-i

TEMPORARY LODGING

721191

Bed and Breakfasts

P-i

P-i

P-i

P-i

P-i

P-i

P-i

P-i

 

Homeless Shelter

 

 

 

 

 

P-i

P-i

P-i

72111

Hotel/Motel

 

 

 

 

 

P

P

P

 

Recreational Vehicle

P-i

P-i

P-i

P-i

P-i

P-i

P-i

 

MISCELLANEOUS

 

Animals, Small, Keeping and Raising

P-i

P-i

P-i

P-i

P-i

P-i

P-i

P-i

 

 

 

 

 

 

 

 

 

 

P = Permitted Use

S = Special Use

C = Conditional Use

-i = Indexed Supplemental Criteria

(Ord. 850 § 1 (Exh. A), 2019; Ord. 824 § 1 (Exh. A), 2018; Ord. 767 § 1 (Exh. A), 2017; Ord. 762 § 1 (Exh. A), 2017; Ord. 731 § 1 (Exh. A), 2015; Ord. 669 § 1 (Exh. A), 2013; Ord. 654 § 1 (Exh. 1), 2013; Ord. 560 § 3 (Exh. A), 2009; Ord. 408 § 2, 2006; Ord. 368 § 1, 2005; Ord. 352 § 1, 2004; Ord. 301 § 1, 2002; Ord. 299 § 1, 2002; Ord. 281 § 6, 2001; Ord. 238 Ch. IV § 2(B, Table 1), 2000).

20.40.130 Nonresidential uses.

Table 20.40.130 Nonresidential Uses 

NAICS #

SPECIFIC LAND USE

R4-R6

R8-R12

R18-R48

TC-4

NB

CB

MB

TC-1, 2 & 3

RETAIL/SERVICE

532

Automotive Rental and Leasing

 

 

 

 

 

P

P

P only in TC-1

81111

Automotive Repair and Service

 

 

 

 

P

P

P

P only in TC-1

451

Book and Video Stores/Rental (excludes Adult Use Facilities)

 

 

C

C

P

P

P

P

 

Brewpub

 

 

 

 

P

P

P

P

513

Broadcasting and Telecommunications

 

 

 

 

 

 

P

P

812220

Cemetery, Columbarium

C-i

C-i

C-i

C-i

P-i

P-i

P-i

P-i

 

Houses of Worship

C

C

P

P

P

P

P

P

 

Construction Retail, Freight, Cargo Service

 

 

 

 

 

 

P

 

 

Daycare I Facilities

P-i

P-i

P

P

P

P

P

P

 

Daycare II Facilities

P-i

P-i

P

P

P

P

P

P

722

Eating and Drinking Establishments (excluding Gambling Uses)

C-i

C-i

C-i

C-i

P-i

P-i

P-i

P-i

812210

Funeral Home/Crematory

C-i

C-i

C-i

C-i

 

P-i

P-i

P-i

447

Fuel and Service Stations

 

 

 

 

P

P

P

 

 

General Retail Trade/Services

 

 

 

 

P

P

P

P

811310

Heavy Equipment and Truck Repair

 

 

 

 

 

 

P

 

481

Helistop

 

 

S

S

S

S

C

C

485

Individual Transportation and Taxi

 

 

 

 

 

C

P

P only in TC-1

812910

Kennel or Cattery

 

 

 

 

 

C-i

P-i

P-i

 

Library Adaptive Reuse

P-i

P-i

P-i

P-i

P-i

P-i

P-i

P-i

31

Light Manufacturing

 

 

 

 

 

 

P

P

 

Marijuana Operations – Medical Cooperative

P

P

P

P

P

P

P

P

 

Marijuana Operations – Retail

 

 

 

 

P

P

P

P

 

Marijuana Operations – Processor

 

 

 

 

 

 

S

P

 

Marijuana Operations – Producer

 

 

 

 

 

 

P

 

 

Microbrewery

 

 

 

 

 

P

P

P

 

Microdistillery

 

 

 

 

 

P

P

P

441

Motor Vehicle and Boat Sales

 

 

 

 

 

 

P

P only in TC-1

 

Professional Office

 

 

C

C

P

P

P

P

5417

Research, Development and Testing

 

 

 

 

 

 

P

P

484

Trucking and Courier Service

 

 

 

 

 

P-i

P-i

P-i

 

Self-Storage Facilities

 

 

 

 

 

P-i

P-i

 

541940

Veterinary Clinics and Hospitals

 

 

C-i

 

P-i

P-i

P-i

P-i

 

Warehousing and Wholesale Trade

 

 

 

 

 

 

P

 

 

Wireless Telecommunication Facility

P-i

P-i

P-i

P-i

P-i

P-i

P-i

P-i

 

 

 

 

 

 

 

 

 

 

P = Permitted Use

S = Special Use

C = Conditional Use

-i = Indexed Supplemental Criteria

(Ord. 789 § 1 (Exh. A), 2018; Ord. 767 § 1 (Exh. A), 2017; Ord. 765 § 1 (Exh. A), 2016; Ord. 735 § 1, 2016; Ord. 734 § 4, 2016; Ord. 695 § 1 (Exh. A), 2014; Ord. 669 § 1 (Exh. A), 2013; Ord. 654 § 1 (Exh. 1), 2013; Ord. 643 § 1 (Exh. A), 2012; Ord. 560 § 3 (Exh. A), 2009; Ord. 469 § 1, 2007; Ord. 317 § 1, 2003; Ord. 299 § 1, 2002; Ord. 281 § 6, 2001; Ord. 277 § 1, 2001; Ord. 258 § 5, 2000; Ord. 238 Ch. IV § 2(B, Table 2), 2000).

20.40.140 Other uses.

Table 20.40.140 Other Uses 

NAICS #

SPECIFIC USE

R4- R6

R8-R12

R18-R48

TC-4

NB

CB

MB

TC-1, 2 & 3

EDUCATION, ENTERTAINMENT, CULTURE, AND RECREATION

 

Adult Use Facilities

 

 

 

 

 

P-i

P-i

 

71312

Amusement Arcade

 

 

 

 

 

 

P

P

71395

Bowling Center

 

 

 

 

C

P

P

P

6113

College and University

 

 

 

 

S

P

P

P

56192

Conference Center

C-i

C-i

C-i

C-i

P-i

P-i

P-i

P-i

6111

Elementary School, Middle/Junior High School

C

C

C

C

 

 

 

 

 

Gambling Uses (expansion or intensification of existing nonconforming use only)

 

 

 

 

S-i

S-i

S-i

S-i

71391

Golf Facility

P-i

P-i

P-i

P-i

 

 

 

 

514120

Library

C

C

C

C

P

P

P

P

71211

Museum

C

C

C

C

P

P

P

P

 

Nightclubs (excludes Adult Use Facilities)

 

 

 

 

 

C

P

P

7111

Outdoor Performance Center

 

 

 

 

 

 

S

P

 

Parks and Trails

P

P

P

P

P

P

P

P

 

Performing Arts Companies/Theater (excludes Adult Use Facilities)

 

 

 

 

 

P-i

P-i

P-i

6111

School District Support Facility

C

C

C

C

C

P

P

P

6111

Secondary or High School

C

C

C

C

C

P

P

P

6116

Specialized Instruction School

C-i

C-i

C-i

C-i

P

P

P

P

71399

Sports/Social Club

C

C

C

C

C

P

P

P

6114 (5)

Vocational School

C

C

C

C

C

P

P

P

GOVERNMENT

9221

Court

 

 

 

 

 

P-i

P-i

P-i

92216

Fire Facility

C-i

C-i

C-i

C-i

P-i

P-i

P-i

P-i

 

Interim Recycling Facility

P-i

P-i

P-i

P-i

P-i

P-i

P-i

 

92212

Police Facility

 

 

 

 

S

P

P

P

92

Public Agency Office/Yard or Public Utility Office/Yard

S-i

S-i

S

S

S

P

P

 

221

Utility Facility

C

C

C

C

P

P

P

P

HEALTH

622

Hospital

 

 

C-i

C-i

C-i

P-i

P-i

P-i

6215

Medical Lab

 

 

 

 

 

P

P

P

6211

Medical Office/Outpatient Clinic

 

 

C-i

C-i

P

P

P

P

623

Nursing Facility

 

 

C

C

P

P

P

P

 

Residential Treatment Facility

 

 

C-i

C-i

C-i

P-i

P-i

P-i

REGIONAL

 

School Bus Base

S-i

S-i

S-i

S-i

S-i

S-i

S-i

 

 

Secure Community Transitional Facility

 

 

 

 

 

 

S-i

 

 

Transfer Station

S

S

S

S

S

S

S

 

 

Light Rail Transit System/Facility

S-i

S-i

S-i

S-i

S-i

S-i

S-i

S-i

 

Transit Bus Base

S

S

S

S

S

S

S

 

 

Transit Park and Ride Lot

S-i

S-i

S-i

S-i

P

P

P

P

 

Work Release Facility

 

 

 

 

 

 

S-i

 

 

 

 

 

 

 

 

 

 

 

P = Permitted Use

C = Conditional Use

S = Special Use

-i = Indexed Supplemental Criteria

(Ord. 824 § 1 (Exh. A), 2018; Ord. 739 § 1 (Exh. A), 2016; Ord. 731 § 1 (Exh. A), 2015; Ord. 695 § 1 (Exh. A), 2014; Ord. 654 § 1 (Exh. 1), 2013; Ord. 560 § 3 (Exh. A), 2009; Ord. 531 § 1 (Exh. 1), 2009; Ord. 309 § 4, 2002; Ord. 299 § 1, 2002; Ord. 281 § 6, 2001; Ord. 258 § 3, 2000; Ord. 238 Ch. IV § 2(B, Table 3), 2000).

20.40.150 Campus uses.

NAICS #

SPECIFIC LAND USE

CCZ

FCZ

PHZ

SCZ

513

Broadcasting and Telecommunications

P-m

 

 

P-m

 

Bus Base

P-m

 

 

P-m

 

Child and Adult Care Services

P-m

P-m

 

P-m

 

Churches, Synagogue, Temple

P-m

P-m

 

 

6113

College and University

 

 

 

P-m

 

Conference Center

P-m

 

 

P-m

6111

Elementary School, Middle/Junior, High School

P-m

 

 

 

 

Food Storage, Repackaging, Warehousing and Distribution

 

P-m

 

 

 

Fueling for On-Site Use Only

 

P-m

 

P-m

 

Home Occupation

P-i

P-i

 

 

 

Housing for Disabled Persons

P-m

P-m

 

 

 

Library

P-m

 

P-m

P-m

 

Light Manufacturing

 

P-m

 

P-m

 

Maintenance Facilities for On-Site Maintenance

P-m

P-m

P-m

P-m

 

Medical-Related Office or Clinic (including personal care facility, training facilities, and outpatient clinic)

P-m

P-m

P-m

P-m

 

State Owned/Operated Office or Laboratory

 

P-m

P-m

P-m

 

Outdoor Performance Center

P-m

 

 

P-m

623

Nursing Facility

P-m

P-m

 

P-m

 

Performing Arts Companies/Theater

P-m

 

 

P-m

 

Personal Services (including laundry, dry cleaning, barber and beauty shop, shoe repair, massage therapy/health spa)

P-m

P-m

 

P-m

 

Power Plant for Site Use Power Generation Only

 

P-m

P-m

P-m

 

Recreational Facility

P-m

P-m

 

P-m

 

Recreation Vehicle

P-i

 

 

 

 

Research Development and Testing

 

P-m

P-m

P-m

 

Residential Habilitation Center and Support Facilities

P-m

P-m

 

 

6111

Secondary or High School

P-m

 

 

P-m

 

Senior Housing (apartments, duplexes, attached and detached single-family)

P-m

 

 

 

 

Social Service Providers

 

P-m

 

P-m

6116

Specialized Instruction School

P-m

P-m

 

P-m

 

Support Uses and Services for the Institution On Site (including dental hygiene clinic, theater, restaurant, book and video stores and conference rooms)

P-m

P-m

P-m

P-m

 

Wireless Telecommunication Facility

P-i

 

 

P-i

P = Permitted Use

P-i = Permitted Use with Indexed Supplemental Criteria

P-m = Permitted Use with approved Master Development Plan

Note: Other uses not listed in Table 20.40.150 existing within the campus zone as of the effective date of Ordinance No. 507 may be permitted as P-m through a Code interpretation.

(Ord. 824 § 1 (Exh. A), 2018; Ord. 762 § 1 (Exh. A), 2017; Ord. 731 § 1 (Exh. A), 2015; Ord. 507 § 4, 2008).

20.40.160 Station area uses.

Table 20.40.160 Station Area Uses 

NAICS #

SPECIFIC LAND USE

MUR-35'

MUR-45'

MUR-70'

RESIDENTIAL

 

Accessory Dwelling Unit

P-i

P-i

P-i

 

Adult Family Home

P

 

 

 

Affordable Housing

P-i

P-i

P-i

 

Apartment

P

P

P

 

Bed and Breakfast

P-i

P-i

P-i

 

Boarding House

P-i

P-i

P-i

 

Home Occupation

P-i

P-i

P-i

 

Hotel/Motel

 

 

P

 

Live/Work

P (Adjacent to Arterial Street)

P

P

 

Microhousing

 

 

 

 

Residential Care Facility

C-i

 

 

 

Single-Family Attached

P-i

P-i

 

 

Single-Family Detached

P-i

 

 

 

Tent City

P-i

P-i

P-i

COMMERCIAL

 

Book and Video Stores/Rental (excludes Adult Use Facilities)

P (Adjacent to Arterial Street)

P (Adjacent to Arterial Street)

P

 

Brewpub

P (Adjacent to Arterial Street)

P (Adjacent to Arterial Street)

P

 

House of Worship

C

C

P

 

Daycare I Facilities

P

P

P

 

Daycare II Facilities

P

P

P

 

Eating and Drinking Establishment (excluding Gambling Uses)

P-i (Adjacent to Arterial Street)

P-i (Adjacent to Arterial Street)

P-i

 

General Retail Trade/Services

P-i (Adjacent to Arterial Street)

P-i (Adjacent to Arterial Street)

P-i

 

Individual Transportation and Taxi

 

 

P -A

 

Kennel or Cattery

 

 

C -A

 

Marijuana Operations – Medical Cooperative

P

P

P

 

Marijuana Operations – Retail

 

 

 

 

Marijuana Operations – Processor

 

 

 

 

Marijuana Operations – Producer

 

 

 

 

Microbrewery

 

P (Adjacent to Arterial Street, cannot abut R-6 zone)

P

 

Microdistillery

 

P (Adjacent to Arterial Street, cannot abut R-6 zone)

P

 

Mini-Storage

 

C -A

C -A

 

Professional Office

P-i (Adjacent to Arterial Street)

P-i (Adjacent to Arterial Street)

P

 

Research, Development and Testing

 

 

P-i

 

Veterinary Clinic and Hospital

 

 

P-i

 

Wireless Telecommunication Facility

P-i

P-i

P-i

EDUCATION, ENTERTAINMENT, CULTURE, AND RECREATION

 

Amusement Arcade

 

P -A

P -A

 

Bowling Center

 

P-i (Adjacent to Arterial Street)

P

 

College and University

 

 

P

 

Conference Center

 

P-i (Adjacent to Arterial Street)

P

 

Elementary School, Middle/Junior High School

C

C

P

 

Library

 

P-i (Adjacent to Arterial Street)

P

 

Museum

 

P-i (Adjacent to Arterial Street)

P

 

Parks and Trails

P

P

P

 

Performing Arts Companies/Theater (excludes Adult Use Facilities)

 

P -A

P -A

 

School District Support Facility

 

C

C

 

Secondary or High School

C

C

P

 

Specialized Instruction School

 

P-i (Adjacent to Arterial Street)

P

 

Sports/Social Club

 

P-i (Adjacent to Arterial Street)

P

 

Vocational School

 

P-i (Adjacent to Arterial Street)

P

GOVERNMENT

 

Fire Facility

C-i

C-i

C-i

 

Police Facility

C-i

C-i

C-i

 

Public Agency Office/Yard or Public Utility Office/Yard

S

S

S

 

Utility Facility

C

C

C

HEALTH

 

Hospital

C

C

C

 

Medical Lab

C

C

C

 

Medical Office/Outpatient Clinic

 

P-i (Adjacent to Arterial Street)

P

 

Nursing Facilities

 

P-i (Adjacent to Arterial Street)

P

OTHER

 

Animals, Small, Keeping and Raising

P-i

P-i

P-i

 

Light Rail Transit System/Facility

S-i

S-i

S-i

 

Transit Park and Ride Lot

 

S

P

 

P = Permitted Use

C = Conditional Use

S = Special Use

-i = Indexed Supplemental Criteria

A= Accessory = Thirty percent (30%) of the gross floor area of a building or the first level of a multi-level building.

(Ord. 850 § 1 (Exh. 1), 2019; Ord. 824 § 1 (Exh. A), 2018; Ord. 789 § 1 (Exh. A), 2018; Ord. 767 § 1 (Exh. A), 2017; Ord. 762 § 1 (Exh. A), 2017; Ord. 756* § 1 (Exh. A), 2016; Ord. 739 § 1 (Exh. A), 2016; Ord. 735 § 2, 2016; Ord. 734 § 5, 2016; Ord. 731 § 1 (Exh. A), 2015; Ord. 706 § 1 (Exh. A), 2015).

*Code reviser’s note: Ord. 756 included a row in error in Table 20.40.160 for “Collective Gardens.” This row is not included in the code as it was specifically deleted by Ord. 734.

Subchapter 3.

Index of Supplemental Use Criteria

20.40.200 Purpose.

The purpose of this subchapter is to list alphabetically various uses or activities with supplemental criteria applicable to that use or activity. (Ord. 238 Ch. IV § 3(A), 2000).

-A-

20.40.210 Accessory dwelling units.

A.    Only one accessory dwelling unit per lot, not subject to base density calculations.

B.     Accessory dwelling unit may be located in the principal residence, or in a detached structure.

C.    Either the primary residence or the accessory dwelling unit shall be occupied by an owner of the property or an immediate family member of the property owner. Immediate family includes parents, grandparents, brothers and sisters, children, and grandchildren.

    Accessory dwelling unit shall be converted to another permitted use or shall be removed, if one of the dwelling units ceases to be occupied by the owner as specified above.

D.    Accessory dwelling unit shall not be larger than 50 percent of the living area of the primary residence.

    Exception to SMC 20.40.210(D): An accessory dwelling unit interior to the residence may be larger than 50 percent of the primary residence where the unit is located on a separate floor and shares a common roof with the primary residence.

E.    One additional off-street parking space shall be provided for the accessory dwelling unit.

F.    Accessory dwelling unit shall not be subdivided or otherwise segregated in ownership from the primary residence.

G.    Accessory dwelling unit shall comply with all applicable codes and standards. Dwelling units that replace existing accessory structures must meet current setback standards.

H.    Approval of the accessory dwelling unit shall be subject to the applicant recording a document with the King County Department of Records and Elections prior to approval which runs with the land and identifies the address of the property, states that the owner(s) resides in either the principal dwelling unit or the accessory dwelling unit, includes a statement that the owner(s) will notify any prospective purchasers of the limitations of this Code, and provides for the removal of the accessory dwelling unit if any of the requirements of this Code are violated. (Ord. 789 § 1 (Exh. A), 2018; Ord. 631 § 1 (Exh. 1), 2012; Ord. 581 § 1 (Exh. 1), 2010; Ord. 238 Ch. IV § 3(B), 2000).

20.40.220 Adult use facilities.

A.    Adult use facilities are subject to the requirements of Chapters 5.10 and 5.15 SMC.

B.    Adult use facilities shall be prohibited within 400 feet of any residential zone, other adult use facility, school, licensed daycare, public park, community center, public library or church which conducts religious or educational classes for minors. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.230 Affordable housing.

A.    Provisions for density bonuses for the provision of affordable housing apply to all land use applications except the following, which are not eligible for density bonuses: (a) the construction of one single-family dwelling on one lot that can accommodate only one dwelling based upon the underlying zoning designation, and (b) provisions for accessory dwelling units.

1.    Density for land subject to the provisions of this section may be increased by up to a maximum of 50 percent above the underlying base density when each of the additional units is provided for households in these groups:

a.    Extremely low income – 30 percent of median household income;

b.    Very low income – 31 percent to 50 percent of median household income;

c.    Low income – 51 percent to 80 percent of median household income;

d.    Moderate income – 80 percent of median household income;

e.    Median household income is the amount calculated and published by the United States Department of Housing and Urban Development each year for King County.

(Fractions of 0.5 or greater are rounded up to the nearest whole number.)

2.    Residential Bonus Density for the Development of For-Purchase Affordable Housing. Density for land subject to the provisions of this section may be increased above the base density by the following amounts (fractions of 0.5 or greater are rounded up to the nearest whole number):

a.    Up to a maximum of 50 percent above the underlying base density when each of the additional units or residential building lots are provided for households in the extremely low, very low, or low income groups.

3.    A preapplication conference will be required for any land use application that includes a proposal for density bonus.

4.    Residential bonus density proposals will be reviewed concurrently with the primary land use application.

5.    All land use applications for which the applicant is seeking to include the area designated as a critical area in the density calculation shall satisfy the requirements of this Code. The applicant shall enter into a third party contract with a qualified professional and the City to address the requirements of the critical area regulations, Chapter 20.80 SMC, Critical Areas, or Shoreline Master Program, SMC Title 20, Division II.

B.    The affordable units constructed under the provisions of this chapter shall be included within the parcel of land for which the density bonus is granted. Segregation of affordable housing units from market rate housing units is prohibited.

C.    Prior to the final approval of any land use application subject to the affordable housing provisions, the owner of the affected parcels shall deliver to the City a duly executed covenant running with the land, in a form approved by the City Attorney, requiring that the affordable dwellings that are created pursuant to those sections remain affordable housing for a period of 30 years from the commencement date. The commencement date for for-purchase units shall be the date of settlement between the developer and the first owner in one of the applicable income groups. The commencement date for rental units shall be the date the first lease agreement with a renter in one of the applicable income groups becomes effective. The applicant shall be responsible for the cost and recording of the covenant.

D.    When dwelling units subject to this section will be constructed in phases, or over a period of more than 12 months, a proportional amount of affordable housing units must be completed at or prior to completion of the related market rate dwellings, or as approved by the Director.

E.    If a project is to be phased, the proportion of affordable units or residential building lots to be completed with each phase shall be determined as part of the phasing plan approved by the Director.

F.    In subdivisions where the applicant intends to sell the individual unimproved lots, it is the responsibility of the applicant to arrange for the affordable units to be built.

G.    In single-family developments where there are two or more affordable units, side yard setbacks may be waived to allow for attached housing units for affordable units only. The placement and exterior design of the attached units must be such that the units together resemble as closely as possible a single-family dwelling.

H.    A development fee waiver may be approved by the Director for City imposed fees based on the percentage of affordable housing units to be constructed or remodeled that will be affordable to residents whose annual income does not exceed 60 percent King County Area Median Income. The development fee waiver will be commensurate with the percentage of affordable units in the development. (Ord. 767 § 1 (Exh. A), 2017; Ord. 731 § 1 (Exh. A), 2015; Ord. 724 § 1 (Exh. A), 2015; Ord. 462 § 1, 2007; Ord. 238 Ch. IV § 3(B), 2000).

20.40.235 Affordable housing, light rail station subareas.

A.    The purpose of this index criterion is to implement the goals and policies adopted in the Comprehensive Plan to provide housing opportunities for all economic groups in the City’s light rail station subareas. It is also the purpose of this criterion to:

1.    Ensure a portion of the housing provided in the City is affordable housing;

2.    Create an affordable housing program that may be used with other local housing incentives authorized by the City Council, such as a multifamily tax exemption program, and other public and private resources to promote affordable housing;

3.    Use increased development capacity created by the mixed-use residential zones to develop voluntary and mandatory programs for affordable housing.

B.    Affordable housing is voluntary in MUR-35' and mandatory in the MUR-45' and MUR-70' zones. The following provisions shall apply to all affordable housing units required by, or allowed through, any provisions of the Shoreline Municipal Code:

1.    The City provides various incentives and other public resources to promote affordable housing. Specific regulations providing for affordable housing are described below:

 

 

MUR-70'+

MUR-70'

MUR-45'

MUR-35'

Mandatory Participation

Yes

Yes

Yes

No

Incentives (3) (4)

Height may be increased above 70 ft.; no density limits; and may be eligible for 12-year property tax exemption (PTE) pursuant to Chapter 3.27 SMC; permit fee reduction pursuant to SMC 20.40.235(F); and impact fee reduction pursuant to SMC Title 3.

Entitlement of 70 ft. height; no density limits; and may be eligible for 12-year property tax exemption (PTE) pursuant to Chapter 3.27 SMC; permit fee reduction pursuant to SMC 20.40.235(F); and impact fee reduction pursuant to SMC Title 3.

Entitlement of 45 ft. height; no density limits; and may be eligible for 12-year property tax exemption (PTE) pursuant to Chapter 3.27 SMC; permit fee reduction pursuant to SMC 20.40.235(F); and impact fee reduction pursuant to SMC Title 3.

No density limits; and may be eligible for 12-year property tax exemption (PTE) pursuant to Chapter 3.27 SMC; permit fee reduction pursuant to SMC 20.40.235(F); and impact fee reduction pursuant to SMC Title 3.

Studio, 1 bedroom (3) (4)

20% of rental units shall be affordable to households making 60% or less of the median income for King County adjusted for household size; or

10% of rental units shall be affordable to households making 50% or less of the median income for King County adjusted for household size.

20% of rental units shall be affordable to households making 70% or less of the median income for King County adjusted for household size; or

10% of rental units shall be affordable to households making 60% or less of the median income for King County adjusted for household size.

2+ bedrooms (3) (4)

20% of the rental units shall be affordable to households making 70% or less of the median income for King County adjusted for household size; or

10% of the rental units shall be affordable to households making 60% or less of the median income for King County adjusted for household size.

20% of the rental units shall be affordable to households making 80% or less of the median income for King County adjusted for household size; or

10% of the rental units shall be affordable to households making 70% or less of the median income for King County adjusted for household size.

2.    Payment in lieu of constructing any fractional portion of mandatory units is available upon City Council’s establishment of a fee in lieu formula. See subsection (E)(1) of this section. Full units are not eligible for fee in lieu option and must be built on site.

3.    In order to be eligible for a property tax exemption pursuant to Chapter 3.27 SMC, 20 percent of units must be built to affordability standards.

4.    In order to be eligible for permit or impact fee reductions or waivers, units must be affordable to households making 60 percent or less of the King County area median income.

C.    Mixed-Use Residential Zone Affordable Housing Requirements. The following provisions shall apply to all affordable housing units required by or created through any incentive established in the Shoreline Municipal Code unless otherwise specifically exempted or addressed by the applicable code section for specific affordable housing programs or by the provisions of an approved development agreement:

1.    Duration. Affordable housing units shall remain affordable for a minimum of 99 years from the date of initial occupancy. At the discretion of the Director a shorter affordability time period, not to be less than 30 years, may be approved for ownership affordable housing units in order to meet federal financial underwriting guidelines at such time as the City creates an affordable ownership program.

2.    Designation of Affordable Housing Units. The Director shall review and approve the location and unit mix of the affordable housing units, consistent with the following standards, prior to the issuance of any building permit:

a.    Location. The location of the affordable housing units shall be approved by the City, with the intent that the units are generally mixed with all other market rate housing in the development.

b.    Size (Bedroom). The affordable housing units shall consist of a range of the number of bedrooms that are comparable to the market rate housing units in the overall development.

c.    Size (Square Footage). Affordable housing units shall be the same size as market rate housing units with the same number of bedrooms unless approved by the Director. The Director may approve smaller units when: (a) the size of the affordable housing is at least 90 percent of the size of the market rate housing in the project with the same number of bedrooms; and (b) the affordable units are not less than 500 square feet for a studio unit, 600 square feet for a one-bedroom unit, 800 square feet for a two-bedroom unit and 1,000 square feet for a two-bedroom-plus unit.

d.    All units in the development must have equal access to the development’s amenities or facilities, such as parking, fitness centers, community rooms, and swimming pools. If a fee is charged for the use of an amenity/facility, then all units in the development must be charged equally for such use.

3.    Timing/Phasing. The affordable housing units shall be available for occupancy in a time frame comparable to the availability of the market rate housing units in the development unless a phasing plan is developed pursuant to subsection D of this section or the requirements of this section are met through subsection E of this section.

4.    Development Standards.

a.    Off-Street Parking. Off-street parking shall be provided for the affordable housing units consistent with SMC 20.50.390.

b.    Recreation Space. The recreation/open space requirements for housing units affordable to families making 60 percent or less of adjusted median income for King County shall be calculated at 50 percent of the rate required for market housing in SMC 20.50.240(G).

5.    Depending on the level of affordability, units provided by a not for profit entity may be eligible for an exemption from impact fees as provided in the impact fee chapters of SMC Title 3.

6.    In the event of a fractional affordable housing unit, payment in lieu in accordance with subsection (E)(1) of this section is allowed for the fractional unit.

D.    Affordable Housing Agreement. An affordable housing agreement shall be recorded with the King County Recorder’s Office prior to the issuance of a building permit for any development providing affordable housing pursuant to the requirements or incentives of the Shoreline Municipal Code.

1.    The recorded agreement shall be a covenant running with the land and shall be binding on the assigns, heirs and successors of the applicant.

2.    The agreement shall be in a form approved by the Director and the City Attorney and shall address price restrictions, tenant qualifications, affordability duration, phasing of construction, monitoring of affordability and any other topics related to the provision of the affordable housing units.

3.    The agreement may, at the sole discretion of the City, establish a monitoring fee for the affordable units. The fee shall cover the costs incurred by the City to review and process documents to maintain compliance with income and affordability restrictions of the agreement.

4.    The City may, at its sole discretion, agree to subordinate any affordable housing regulatory agreement for the purpose of enabling the owner to obtain financing for development of the property.

E.    Alternative Compliance. The City’s priority is for residential and mixed-use developments to provide the affordable housing on site. The Director, at his/her discretion, may approve a request for satisfying all or part of a project’s on-site affordable housing with alternative compliance methods proposed by the applicant. Any request for alternative compliance shall be submitted at the time of building permit application and must be approved prior to issuance of any building permit. Any alternative compliance must achieve a result equal to or better than providing affordable housing on site.

1.    Payment in Lieu of Constructing Mandatory Affordable Units. Payments in lieu of constructing mandatory affordable housing units is subject to the following requirements:

a.    The in-lieu fee is set forth in Chapter 3.01 SMC, Fee Schedules. Fees shall be determined at the time the complete application for a building permit is submitted using the fee then in effect.

b.    The fee shall be due and payable prior to issuance of any certificate of occupancy for the project.

c.    The City shall establish a housing program trust fund and all collected payments shall be deposited in that fund.

2.    Any request for alternative compliance shall demonstrate all of the following:

a.    Include a written application specifying:

i.    The location, type and amount of affordable housing; and

ii.    The schedule for construction and occupancy.

b.    If an off-site location is proposed, the application shall document that the proposed location:

i.    Is within a one-mile radius of the project or the proposed location is equal to or better than providing the housing on site or in the same neighborhood;

ii.    Is in close proximity to commercial uses, transit and/or employment opportunities.

c.    Document that the off-site units will be the same type and tenure as if the units were provided on site.

d.    Include a written agreement, signed by the applicant, to record a covenant on the housing sending and housing receiving sites prior to the issuance of any construction permit for the housing sending site. The covenant shall describe the construction schedule for the off-site affordable housing and provide sufficient security from the applicant to compensate the City in the event the applicant fails to provide the affordable housing per the covenant and the Shoreline Municipal Code. The applicant may request release of the covenant on the housing sending site once a certificate of occupancy has been issued for the affordable housing on the housing receiving site.

F.    Permit Fee Waiver. A development fee waiver may be approved by the Director for City imposed fees for an affordable housing project that constructs or remodels units that are affordable to residents whose annual income does not exceed 60 percent King County Area Median Income. The development fee waiver will be commensurate with the percentage of affordable units in the development. (Ord. 850 § 1 (Exh. A), 2019; Ord. 789 § 1 (Exh. A), 2018; Ord. 792 § 3, 2017; Ord. 731 § 1 (Exh. A), 2015; Ord. 706 § 1 (Exh. A), 2015).

20.40.240 Animals – Keeping of.

A.    Purpose. Establish regulations for the keeping of animals that will minimize nuisances and disturbances caused by animals, minimize the impact of livestock on the environment and prevent cruelty to animals.

B.    Permitted Accessory Use. The keeping of pets, and the raising, keeping and breeding of small animals, bees and livestock, are allowed as an accessory use to residential uses in any zone, subject to the regulations of this section and SMC Title 6, Animal Control Regulations. Keeping of animals related to commercial uses is not subject to this section and is covered in SMC Title 6.

C.    Small Animals. The maximum numbers of small animals are as follows; small animals on the premises less than two months in age are excluded from the density limitations:

1.    Small animals which are kept exclusively in a dwelling as household pets including those kept in aquariums, terrariums, cages or similar containers shall not be limited in number, except as may be provided in SMC 20.30.740.

2.    Regardless of the total numbers of animals allowed in this section, the total number of unaltered adult cats and dogs per household shall not exceed three; provided, that all unaltered animals kept outdoors must be kept on a leash or in a confined area.

3.    The total maximum of a combination of small animals allowed outside, including dogs and cats, shall be limited to three per household on lots of less than 20,000 square feet. One additional small animal is allowed with each additional 5,000 square feet of site area over 20,000 square feet, up to a maximum of 20.

D.    Chickens (Hens), Rabbits and Similarly Sized Animals. Any combination of six chickens (excluding roosters), rabbits and similarly sized animals may be kept on any lot in addition to the small animals permitted in the preceding subsections. On lots of at least one-half acre, such animals may be kept at the rate of 12 for each one-half acre.

E.    Birds (other than domestic fowl) shall be kept in an aviary or loft that meets the following standards:

1.    The aviary or loft shall provide one-half cubic foot for each parakeet, canary or similarly sized birds, one cubic foot for each pigeon, small parrot or similarly sized bird, and two cubic feet for each large parrot, macaw or similarly sized bird.

2.    Aviaries or lofts shall not exceed 2,000 square feet in footprint.

3.    The aviary is set back at least 10 feet from any property line, and 20 feet from any neighboring dwelling unit.

F.    Beekeeping is limited as follows:

1.    Beehives are limited to no more than four hives, each with only one swarm, on sites less than 20,000 square feet.

2.    Hives shall not be located within 25 feet of any lot line except when situated eight feet or more above the grade immediately adjacent to the grade of the lot on which the hives are located or when situated less than eight feet above the adjacent existing lot grade and behind a solid fence or hedge six feet high parallel to any lot line within 25 feet of a hive and extending at least 20 feet beyond the hive in both directions.

3.    Must register with the Washington State Department of Agriculture.

4.    Must be maintained to avoid overpopulation and swarming.

G.    Livestock (Farm Animals). The maximum number of livestock shall be as follows:

1.    The minimum lot area for large livestock shall be two acres. Each animal is required one-half acre for the animal’s occupancy.

2.    Small livestock such as sheep, goats: subject to the provisions of subsection C of this section. Male goats must be dehorned and neutered.

3.    Livestock under six months of age are excluded from the density limitations.

H.    Categorization of Animals. In the event that animals are proposed that do not clearly fall within the size categories established by this code, the Director shall determine an appropriate category based on that which is most similar to the animal in question and its impact on neighboring properties and the environment.

I.    Prohibited Animals. In addition to the exotic animals prohibited in SMC Title 6, the keeping of swine over 120 pounds and 20 inches tall, roosters, peacocks and peahens, mink, nutria and foxes shall be prohibited.

J.    Exemptions. The following animals are exempt from the provisions of this chapter:

1.    Service animals as defined by SMC Title 6.

2.    Temporary uses of animals such as goats for the purpose of vegetation management.

K.    Maintenance and Operational Standards. All animal keeping shall comply with all of the following maintenance and operational standards.

1.    Odor and Vector Control. All animal enclosures, including but not limited to pens, coops, cages and feed areas, shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. They shall provide adequate ventilation and protection from the elements, pests and predators. There must be adequate space within the enclosures so that each animal has room to fully extend itself and turn around.

2.    Enclosures. Enclosures for large livestock must be set back at least 20 feet from any property line.

3.    Animal Waste. Manure shall not be allowed to accumulate within setback areas. Each site shall be maintained in a neat and sanitary manner.

4.    Containment. All animals shall be effectively contained on the site, and shall not be allowed to run free on any parcel in a separate ownership or in a public right-of-way.

5.    Waterway Protection. All animal keeping shall adhere to the best management practices as required by the City’s adopted Stormwater Manual. (Ord. 767 § 1 (Exh. A), 2017; Ord. 669 § 1 (Exh. A), 2013; Ord. 406 § 1, 2006; Ord. 238 Ch. IV § 3(B), 2000).

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20.40.250 Bed and breakfasts.

Bed and breakfasts are permitted only as an accessory to the permanent residence of the operator, provided:

A.    Serving meals to paying guests shall be limited to breakfast; and

B.    The number of persons accommodated per night shall not exceed 10.

C.    One parking space per guest room, plus two per facility.

D.    Signs for bed and breakfast uses in the R zones are limited to one identification sign use, not exceeding four square feet and not exceeding 42 inches in height.

E.    Bed and breakfasts require a bed and breakfast permit. (Ord. 515 § 1, 2008; Ord. 352 § 1, 2004; Ord. 238 Ch. IV § 3(B), 2000).

20.40.260 Boarding houses.

A.    Rooming and boarding houses and similar facilities, such as fraternity houses, sorority houses, off-campus dormitories, and residential clubs, shall provide temporary or longer-term accommodations which, for the period of occupancy, may serve as a principal residence.

B.    These establishments may provide complementary services, such as housekeeping, meals, and laundry services.

C.    In an R-4 or R-6 zone a maximum of two rooms may be rented to a maximum of two persons other than those occupying a single-family dwelling.

D.    Must be in compliance with health and building code requirements.

E.    The owner of the rooms to be rented shall provide off-street parking for such rooms at the rate of one parking stall for each room.

F.    Boarding houses require a boarding house permit. (Ord. 352 § 1, 2004; Ord. 238 Ch. IV § 3(B), 2000).

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20.40.270 Cemeteries and columbariums.

Cemeteries and columbariums:

A.    Columbariums only as accessory to a church; provided, that required landscaping and parking are not reduced.

B.    Structures shall maintain a minimum distance of 100 feet from property lines adjoining residential zones. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.275 Collective gardens.

Repealed by Ord. 734. (Ord. 654 § 1 (Exh. 1), 2013; Ord. 643 § 2, 2012).

20.40.280 Residential care facilities (RCF).

Residential care facilities are permitted in the R-4, R-6, R-8, R-12, and MUR-35' zones with the approval of a conditional use permit and permitted in the R-18, R-24, R-48 and TC-4 zones provided:

A.    The number of residents shall be based on bedroom size. Patient bedroom size requirements must comply with WAC 388-97-2440, as amended. In any case, the total number of residents shall not exceed 15.

B.    An RCF must be 1,000 feet from an existing RCF (measured in a straight line from property line to property line).

C.    Parking must be located on site, screened from adjacent residential uses through a solid six-foot-high fence or wall, and one parking space for every three patients, plus one space for each staff on duty, shall be provided.

D.    No more than six parking spaces may be located outside. If more than six parking spaces are required or provided, those spaces above six must be located in an enclosed structure.

E.    Signs are limited to residential sign standards in Table 20.50.540(G). (Ord. 824 § 1 (Exh. A), 2018).

20.40.290 Conference center.

Permitted in a residential zone as accessory to a park or in a building listed on the National Register as an historic site or designated as a King County landmark or as a conditional use. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.300 Cottage housing.

Repealed by Ord. 408. (Ord. 321 § 1, 2003; Ord. 299 § 1, 2002; Ord. 238 Ch. IV § 3(B), 2000).

20.40.310 Court.

A.    No jail or correctional facilities allowed as an accessory use; and

B.    No outdoor storage. (Ord. 238 Ch. IV § 3(B), 2000).

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20.40.320 Daycare facilities.

A.    Daycare I facilities are permitted in R-4 through R-12 zoning designations as an accessory to residential use, house of worship, or a school facility, provided:

1.    Outdoor play areas shall be completely enclosed, with no openings except for gates, and have a minimum height of 42 inches; and

2.    Hours of operation may be restricted to assure compatibility with surrounding development.

B.    Daycare II facilities are permitted in R-8 and R-12 zoning designations through an approved conditional use permit or as a reuse of an existing house of worship or school facility without expansion, provided:

1.    Outdoor play areas shall be completely enclosed, with no openings except for gates, and have a minimum height of six feet.

2.    Outdoor play equipment shall maintain a minimum distance of 20 feet from property lines adjoining residential zones.

3.    Hours of operation may be restricted to assure compatibility with surrounding development. (Ord. 695 § 1 (Exh. A), 2014; Ord. 469 § 1, 2007; Ord. 238 Ch. IV § 3(B), 2000).

20.40.330 Dormitory.

Dormitories are allowed only as an accessory to a school, college, university or church. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.340 Duplex.

Repealed by Ord. 767. (Ord. 669 § 1 (Exh. A), 2013; Ord. 299 § 1, 2002; Ord. 238 Ch. IV § 3(B), 2000).

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20.40.350 Eating and drinking establishments.

Eating and drinking establishments are permitted in residential zones R-4 through R-48 and TC-4 by approval of a conditional use permit. These establishments are permitted in NB, CB, MB and TC-1, 2 and 3 zones, provided gambling uses as defined in this Code are not permitted. Outside entertainment that creates a noise disturbance for neighbors is not permitted after 10:00 p.m. in the MUR zones. If inside entertainment is provided in the MUR zones, the establishment must provide sound attenuation to buffer sound to adjacent residential uses. (Ord. 706 § 1 (Exh. A), 2015; Ord. 654 § 1 (Exh. 1), 2013; Ord. 560 § 3 (Exh. A), 2009; Ord. 258 § 6, 2000; Ord. 238 Ch. IV § 3(B), 2000).

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20.40.360 Fire facility.

A.    Any buildings from which firefighting equipment emerges onto a street shall maintain a distance of 35 feet from such street;

B.    No outdoor storage; and

C.    If a fire facility abuts both an arterial and a nonarterial, all access and egress shall be via the arterial. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.370 Funeral home/crematory.

Permitted only as an accessory to a cemetery. (Ord. 238 Ch. IV § 3(B), 2000).

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20.40.372 Gambling.

A.    Gambling uses are not permitted.

B.    Expansion or intensification of a nonconforming gambling use shall be subject to approval and issuance of a special use permit. For the purposes of this section, “intensification” shall mean the addition of a new gambling activity to an existing nonconforming gambling activity.

C.    Minimum off-street parking for gambling establishments shall be at a minimum one parking space per 75 square feet of net usable area (excludes walls, corridors, lobbies, and bathrooms), plus five parking spaces per card table, plus one parking space per every three seats (not associated with a gaming/card table) available for gambling or viewing gambling activities. (Ord. 258 § 4, 2000).

20.40.374 General retail trade/services.

These general retail trade/services are prohibited in the MUR zones:

A.    Adult use facilities;

B.    Smoke shop (a business that sells drug paraphernalia and smoking products);

C.    Cannabis sales;

D.    Firearm sales;

E.    Pawnshops. (Ord. 706 § 1 (Exh. A), 2015).

20.40.380 Golf facility.

Golf facilities are permitted within the residential district; provided, that structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.390 Group homes.

Repealed by Ord. 631. (Ord. 238 Ch. IV § 3(B), 2000).

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20.40.400 Home occupation.

Intent/Purpose: The City of Shoreline recognizes the desire and/or need of some citizens to use their residence for business activities. The City also recognizes the need to protect the surrounding areas from adverse impacts generated by these business activities.

Residents of a dwelling unit may conduct one or more home occupations as an accessory use(s), provided:

A.    The total area devoted to all home occupation(s) shall not exceed 25 percent of the floor area of the dwelling unit. Areas with garages and storage buildings shall not be considered in these calculations, but may be used for storage of goods associated with the home occupation.

B.    In residential zones, all the activities of the home occupation(s) (including storage of goods associated with the home occupation) shall be conducted indoors, except for those related to growing or storing of plants used by the home occupation(s).

C.    No more than two nonresident FTEs working on site shall be employed by the home occupation(s).

D.    The following activities shall be prohibited in residential zones:

1.    Automobile, truck and heavy equipment repair;

2.    Auto body work or painting;

3.    Parking and storage of heavy equipment; and

4.    On-site metals and scrap recycling.

E.    In addition to required parking for the dwelling unit, on-site parking shall be provided as follows:

1.    One stall for each nonresident FTE employed by the home occupation(s); and

2.    One stall for patrons when services are rendered on site.

3.    Parking for the vehicle(s) associated with the home occupation must be provided on site, in accordance with parking design standards and dimensional requirements under SMC 20.50.390, 20.50.410 and 20.50.420. Such parking spaces must be in addition to those required for the residence.

F.    Sales shall be by appointment or limited to:

1.    Mail order sales; and

2.    Telephone or electronic sales with off-site delivery.

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

H.    The home occupation(s) may use or store a vehicle for pickup of materials used by the home occupation(s) or the distribution of products from the site, provided:

1.    No more than two such vehicles shall be allowed;

2.    Such vehicles shall not exceed gross weight of 14,000 pounds, a height of nine feet and a length of 22 feet.

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

1.    A change to the fire rating of the structure(s) used for the home occupation(s), unless appropriate changes are made under a valid building permit; or

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

3.    Fluctuations in line voltage off premises; or

4.    Emissions such as dust, odor, fumes, bright lighting or noises greater than what is typically found in a neighborhood setting.

J.    One sign not exceeding four square feet may be installed without a sign permit. It may be mounted on the house, fence or freestanding on the property (monument style). Any additional signage is subject to permit under Chapter 20.50 SMC.

K.    All home occupations must obtain a business license, consistent with Chapter 5.05 SMC.

Note: Daycares, residential care facilities, animal keeping, bed and breakfasts, and boarding houses are regulated elsewhere in the Code. (Ord. 824 § 1 (Exh. A), 2018; Ord. 731 § 1 (Exh. A), 2015; Ord. 631 § 1 (Exh. 1), 2012; Ord. 581 § 1 (Exh. 1), 2010; Ord. 352 § 1, 2004; Ord. 299 § 1, 2002; Ord. 238 Ch. IV § 3(B), 2000).

20.40.405 Homeless shelter.

The intent of a homeless shelter is to provide temporary relief for those in need of housing. Homeless shelters are allowed in the mixed business, community business and town center 1, 2, and 3 zones subject to the below criteria.

A.    The homeless shelter must be operated by a State of Washington registered nonprofit corporation; or a Federally recognized tax exempt 501(C)(3) organization that has the capacity to organize and manage a homeless shelter.

B.    The homeless shelter shall permit inspections by City, Health and Fire Department inspectors at reasonable times for compliance with the City’s requirements. An inspection by the Shoreline Fire Department is required prior to occupancy.

C.    The homeless shelter shall have a code of conduct that articulates the rules and regulations of the shelter. These rules shall include, at a minimum, prohibitions against alcohol and/or drug use and violence; and exclusion of sex offenders. The homeless shelter shall keep a cumulative list of all residents who stay overnight in the shelter, including names and dates.

D.    The homeless shelter shall check that adult residents have government-issued identification such as a state or tribal issued identification card, driver’s license, military identification card, or passport from prospective shelter residents for the purpose of obtaining sex offender and warrant checks. Prospective residents will not be allowed residency until identification can be presented. If adult residents do not have identification, the operator of the shelter shall assist them in obtaining such. No documentation is required to be submitted to the City for the purpose of compliance with this condition.

E.    A parking plan shall be submitted and approved by the Director. (Ord. 850 § 1 (Exh. A), 2019).

20.40.410 Hospital.

A.    Repealed by Ord. 731;

B.    No burning of refuse or hazardous waste; and

C.    No outdoor storage when located in a residential zone. (Ord. 731 § 1 (Exh. A), 2015; Ord. 238 Ch. IV § 3(B), 2000).

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20.40.420 Interim recycling facility.

A.    Interim recycling facilities in the residential zones shall be limited to drop box facilities that are accessory to a public or community use such as a school, fire station or community center.

B.    In NB and CB zones all processing and storage of material shall be within enclosed buildings, except drop box facilities for the collection and temporary storage of recyclable materials. Yard waste processing is not permitted. (Ord. 654 § 1 (Exh. 1), 2013; Ord. 238 Ch. IV § 3(B), 2000).

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20.40.430 Kennels and catteries.

Kennels and catteries are subject to the following requirements:

A.    Run areas shall be completely surrounded by an eight-foot solid wall or fence; and

B.    Kennels and catteries shall be on sites of 35,000 square feet or more, and buildings used to house animals shall be a minimum distance of 50 feet from property lines abutting residential zones; and

C.    An animal waste disposal plan which ensures that all animal wastes are disposed of consistent with public health regulations. (Ord. 238 Ch. IV § 3(B), 2000).

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20.40.435 Library adaptive reuse.

A.    The adaptive reuse of a former public library facility is permitted in all zones subject to the uses of the underlying zoning; and

B.    In the R-4 through R-48 zones a former public library may be adaptively reused for professional offices. (Ord. 317 § 1, 2003).

20.40.436 Live/work.

Live/work units may be located in the MUR-35' zone; however, only if the project site is located on an arterial street. (Ord. 706 § 1 (Exh. A), 2015).

20.40.438 Light rail transit system/facility.1

A.    A light rail transit system/facility shall be approved through a special use permit as specified in SMC 20.30.330.

B.    A light rail transit system/facility, stations and parking garages shall conform to the required standards below:

1.    Table 20.50.020(2) – Dimensional standards of the MUR-70' zone;

2.    SMC 20.50.220 through 20.50.250 – Commercial design standards;

3.    SMC 20.50.290 through 20.50.370 – Tree conservation, land clearing and site grading standards;

4.    SMC 20.50.380 through 20.50.440 – Parking, access, and circulation;

5.    SMC 20.50.450 through 20.50.520 – Landscaping;

6.    SMC 20.50.530 through 20.50.610 – Signs for the MUR-70' zone;

7.    Chapter 20.60 SMC – Adequacy of Public Facilities;

8.    Chapter 20.70 SMC – Engineering and Utilities Development Standards; and

9.    Chapter 20.80 SMC – Critical Areas.

C.    The light rail transit system/facility improvements located between the stations shall comply with the applicable subchapters and sections below:

1.    SMC 20.50.290 through 20.50.370 – Tree conservation, land clearing and site grading standards;

2.    SMC 20.50.450 through 20.50.520 – Landscaping;

3.    Chapter 20.60 SMC – Adequacy of Public Facilities;

4.    Chapter 20.70 SMC – Engineering and Utilities Development Standards; and

5.    Chapter 20.80 SMC – Critical Areas.

D.    Modification of Subsections B and C of This Section Requirements. Due to the unique nature of a regional light rail transit system and its facilities, strict application of this Code’s development standards will not always be possible. If the applicant demonstrates that compliance with one or more of the development standards or requirements set forth in subsections B and C of this section would make siting, development or operation of the facilities impossible or impracticable (as that term is defined by WAC 365-196-550 and/or other law), would result in reduced public benefits, or alternative actions could meet or exceed the intended goals of such requirements, then the City may waive or modify such requirements as part of the special use permit process in accordance with this section.

E.    The following supplemental submittal items are required to permit a light rail transit facility or light rail transit system within the City:

1.    A construction management plan or agreement will be completed before any building permit may be issued for the proposal.

2.    A post construction parking operational management plan or agreement will be completed before light rail service begins and will include management and enforcement techniques to guard against such impacts as off-site parking in surrounding neighborhoods.

3.    An access assessment report is required for light rail transit system/facilities. The access assessment report will analyze, identify and prioritize multimodal access improvements. The access assessment report is intended to supplement the analysis and mitigation included in any environmental review document prepared for the proposed project. In general the access assessment report will address: improvements near the stations for pedestrians and bicycles, paratransit riders, and “kiss and ride” users. A more specific scope for the access assessment report will be agreed to by the applicant and the City. The City may require third party review of the access assessment report at the applicant’s expense.

F.    Project and Permitting Processes Light Rail System/Facility.

1.    Accelerated Project and Permitting Process.

a.    All City permit reviews will be completed within a mutually agreed upon reduced number of working days within receiving complete permit applications and including subsequent revisions in accordance with a fully executed accelerated project and permitting staffing agreement between the City and the project proponent.

b.    The fees for permit processing will be determined as part of the accelerated project permitting staffing agreement.

c.    An accelerated project and permitting staffing agreement shall be executed prior to the applicant’s submittal of the special use permit application; or the applicant may choose to utilize the City’s standard project and permitting processes set forth in subsection (F)(2) of this section.

2.    Standard Project and Permit Process.

a.    All complete permit applications will be processed and reviewed in the order in which they are received and based on existing resources at the time of submittal.

b.    Cost. Permit fees will be charged in accordance with Chapter 3.01 SMC. This includes the ability for the City to charge its established hourly rate for all hours spent in excess of the estimated hours for each permit.

c.    Due to the volume of permits anticipated for development of a light rail system/facilities in the City, in absence of an accelerated project permitting staffing agreement, the target time limits for decisions denoted in Chapter 20.30 SMC may be extended by the Director if adequate staffing is not available to meet demand. (Ord. 789 § 1 (Exh. A), 2018; Ord. 741 § 1 (Exh. A), 2016; Ord. 739 § 1 (Exh. A), 2016; Ord. 706 § 1 (Exh. A), 2015).

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20.40.440 Manufactured homes.

A.    Any designated manufactured home meeting the definition of RCW 35A.63.145 and the certification requirements of RCW 43.22.340 may be used as a dwelling unit provided it is placed on a foundation and connected to all utilities required by the applicable building codes. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.450 Medical office/outpatient clinic.

A.    Repealed by Ord. 731.

B.    No outdoor storage when located in a residential zone. (Ord. 731 § 1 (Exh. A), 2015; Ord. 238 Ch. IV § 3(B), 2000).

20.40.460 Mobile home parks.

A.    Mobile 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.

B.    Placement of new accessory structures and replacement mobile homes, either standard or nonstandard, in these mobile home parks shall be governed by the dimensional standards in effect when the parks were approved, unless two or more replacement mobile homes are proposed to be installed adjacent to each other under the flexible setback options set forth in this Code. Where internal setbacks are not specified the average of the prevailing setbacks on the pads to either side of the proposed new or replacement structure shall apply.

C.    No spaces or pads in an existing mobile home park shall be used to accommodate recreational vehicles (RVs), except when specifically adapted to accommodate them.

D.    New mobile home parks shall be at least three acres in area.

E.    Mobile home parks shall be eligible to achieve the maximum density permitted in the zone by providing the affordable housing benefit for mobile home parks set forth in this Code.

F.    Both insignia and noninsignia mobile homes may be installed in mobile home parks; provided, that noninsignia mobile homes shall meet the minimum livability and safety requirements set forth in Chapter 15.05 SMC;

G.    At least one of the off-street parking spaces required for each mobile home shall be located on or adjacent to each mobile home pad.

H.    There shall be a minimum of 10 feet of separation maintained between all mobile homes on the site.

I.    Accessory structures shall be located no closer than:

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

2.    Five feet to accessory structures of mobile homes on adjacent spaces; and

3.    Five feet to the mobile home or other accessory structures on the same space, except 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.

J.    All mobile homes and RVs supported by piers shall be fully skirted.

K.    A mobile home park may include a storage area for RVs owned by residents of the park, provided the storage area contains no utility hookups and no RV within the storage area shall be used as living quarters.

L.    All new or expanded mobile home parks shall provide open space as described in SMC 20.50.160. (Ord. 238 Ch. IV § 3(B), 2000).

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20.40.470 Performing arts companies/theaters.

Plays/theatrical productions excluding those specified in adult use facilities. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.480 Public agency or utility office.

Repealed by Ord. 695. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.490 Public agency or utility yard.

Repealed by Ord. 695. (Ord. 299 § 1, 2002; Ord. 238 Ch. IV § 3(B), 2000).

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20.40.495 Recreational vehicle.

Recreational vehicles (RVs) as defined in SMC 20.20.044 may be occupied for temporary lodging for up to two weeks (two weeks equals one occupancy) on a lot with the permission of the property owner subject to the following conditions:

A.    Limited to one recreational vehicle per lot plus additional recreational vehicles for every additional 10,000 square feet of lot, above the minimum lot size for a particular zone;

B.    No more than two occupancies per calendar year per lot;

C.    Such occupancy does not create a public health hazard or nuisance;

D.    RV must be parked on approved surface that meets the off-street parking construction standards in the Engineering Development Manual;

E.    RV may not be parked in yard setbacks;

F.    RV may be occupied for temporary lodging for up to 30 days if connected to approved utilities including water and wastewater disposal;

G.    No business occupation shall be conducted in said recreational vehicle;

H.    Recreational vehicles shall not use generators;

I.    Any deviation from time limits, number of occupancies per year, and number of recreational vehicles allowed may be proposed through a temporary use permit, SMC 20.30.295. (Ord. 631 § 1 (Exh. 1), 2012; Ord. 301 § 1, 2002).

20.40.496 Research, development, and testing.

Research, development, and testing is permitted in the MUR-70' zone if the facility is categorized as BSL 1 or 2 (Biosafety Level 1 or Biosafety Level 2) as classified by the Centers for Disease Control (CDC) and the National Institutes of Health (NIH). (Ord. 731 § 1 (Exh. A), 2015).

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20.40.500 School bus base.

Permitted as a special use only in conjunction with an existing or proposed school. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.502 Secure community transitional facility.

A.    Permitted as an SCTF Special Use-Type C action, granted by the City Council in the mixed business zone provided:

1.    The maximum number of residents in an SCTF shall be three persons, excluding resident staff.

2.    SCTFs should be located in relationship to transportation facilities in a manner appropriate to their transportation needs.

3.    In addition to meeting the noticing requirements specified in SMC 20.30.120, noticing for SCTF special use permit applications also includes mailing the notice of application to both residents and owners of real property located within one-half mile of the site.

4.    In no case shall an SCTF be sited adjacent to, immediately across a street or parking lot from, or within 600 feet of unobstructed sight distance or 200 feet of risk potential activities or facilities as defined in this title in existence at the time a site is listed for consideration; provided, the 200-foot criteria shall not apply if the State Department of Social and Health Services determines it is not needed to protect public safety.

    The distances specified in this subsection shall be measured by following a straight line from the nearest point of the building in which the SCTF is to be located, to the nearest point of the property line of the lot occupied by the risk potential activity or facility.

5.    Each SCTF shall provide on-site dining, on-site laundry or laundry service, and on-site recreation to serve the residents.

6.    Applicants shall submit the following items in addition to the standard permit application:

a.    The siting process used for the SCTF, including alternative locations considered.

b.    An analysis showing that utmost consideration was given to potential sites such that siting of the facility will have no undue impact on any one racial, cultural, or socioeconomic group, and that there will not be an over concentration of similar facilities in the city or a particular neighborhood.

c.    Proposed mitigation measures including the uses of extensive buffering from adjoining uses.

d.    Demonstration of an approved interlocal agreement between DSHS and the city of Shoreline regarding security and operational procedures.

e.    A schedule and analysis of all public input solicited during the siting process.

B.    Decision Criteria. A secure community transitional facility special use permit shall be granted by the city, only if the applicant demonstrates that:

1.    The secure community transitional facility will not materially endanger the health, safety and welfare of the community;

2.    The siting of an SCTF shall not create an over concentration within the city of Shoreline, a particular neighborhood, or community of such uses as defined by Chapter 71.09 RCW, work release facilities, pre-release facilities or similar facilities including Level 1, 2, and 3 registered sex offender housing;

3.    The location, size and height of buildings, structures, walls and fences, and screening vegetation for the essential public facility shall not hinder or discourage the appropriate development or use of neighboring properties; and

4.    The essential public facility will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding areas or conditions can be established to mitigate adverse impacts. (Ord. 789 § 1 (Exh. A), 2018; Ord. 654 § 1 (Exh. 1), 2013; Ord. 560 § 3 (Exh. A), 2009; Ord. 309 § 5, 2002. Formerly 20.40.505).

20.40.504 Self-storage facility.

A.    Location of Self-Storage Facilities.

1.    Self-storage facilities shall not be permitted on property located on a corner on an arterial street. For the purposes of this criterion, corners are defined as all private property adjacent to two or more intersecting arterial streets for a minimum distance of 200 feet in length by a width of 200 feet as measured from the property lines that face the arterials.

2.    Self-storage facilities shall not be permitted in the Aurora Square Community Renewal Area.

3.    In the Community Business zone, self-storage facilities are allowed adjacent to Ballinger Way NE, 19th Ave NE and Bothell Way NE only.

B.    Restrictions on Use of Self-Storage Facilities.

1.    The only activities permitted in individual storage units shall be the rental of the unit and the pickup and deposit of goods and/or property in storage. Storage units shall not be used for activities such as: residences, offices, workshops, studios, hobby or rehearsal areas.

Self-storage units shall not be used for:

a.    Manufacturing, fabrication, or processing of goods, service or repair of vehicles, engines, appliances or other electrical equipment, or any other industrial activity is prohibited.

b.    Conducting garage or estate sales is prohibited. This does not preclude auctions or sales for the disposition of abandoned or unclaimed property.

c.    Storage of flammable, perishable or hazardous materials or the keeping of animals is prohibited.

2.    Outdoor storage is prohibited. All goods and property stored at a self-storage facility shall be stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, etc., or storage in outdoor storage pods or shipping containers is permitted.

C.    Additional Design Requirements.

1.    Self-storage facilities are permitted only within multistory structures.

2.    Self-storage facilities shall not exceed 130,000 gross square feet.

3.    All storage units shall gain access from the interior of the building(s) or site – no unit doors may face the street or be visible from off the property.

4.    Loading docks, entrances or bays shall be screened with screens, fences, walls, or evergreen landscaping from adjacent rights-of-way.

5.    If a fence or wall around an entry is proposed, then it shall be compatible with the design and materials of the building(s) and site. Decorative metal or wrought iron fences are preferred. Chain-link (or similar) fences, barbed or razor wire fences, and walls made of precast concrete blocks are prohibited. Fences or walls are not allowed between the main or front building on the site and the street. Landscape areas required by the design guidelines or elsewhere in this code shall not be fenced.

6.    Each floor above the ground floor of a self-storage facility building that is facing a street shall at a minimum be comprised of 20 percent glass. All other building elevations shall include windows (or translucent cladding materials that closely resemble windows) such that not less than seven and one-half percent of said elevations provide either transparency or the illusion of transparency when viewed from the abutting street or property.

7.    Unfaced concrete block, painted masonry, tilt-up and precast concrete panels and prefabricated metal sheets are prohibited. Prefabricated buildings are not allowed.

8.    Exterior colors, including any internal corridors or doors visible through windows, shall be muted tones.

9.    Prohibited cladding materials include: unbacked, noncomposite sheet metal products that can easily dent; smooth face CMUs that are painted or unfinished; plastic or vinyl siding; and unfinished wood.

10.    Electrical service to storage units shall be for lighting and climate control only. No electrical outlets are permitted inside individual storage units. Lighting fixtures and switches shall be of a secure design that will not allow tapping the fixtures for other purposes.

11.    Self-storage facilities are required to be Leadership in Energy and Environmental Design (LEED) certified. (Ord. 850 § 1 (Exh. A), 2019; Ord. 789 § 1 (Exh. A), 2018; Ord. 765 § 1 (Exh. A), 2016).

20.40.506 Single-family detached dwellings.

Single-family detached dwellings that do not meet the minimum density are permitted in the MUR-35' zone subject to the R-6 development standards in SMC 20.50.020.

Multiple single-family detached dwellings are permitted in the MUR-35’ zone subject to minimum density standards in SMC 20.50.020(2) and single-family attached and multifamily design standards in SMC 20.50.120. (Ord. 756 § 1 (Exh. A), 2016; Ord. 706 § 1 (Exh. A), 2015).

20.40.510 Single-family attached dwellings.

Single-family attached dwellings in R-4 and R-6 zones shall comply with applicable R-4 and R-6 dimensional and density standards, and single-family residential design standards. (Ord. 767 § 1 (Exh. A), 2017; Ord. 238 Ch. IV § 3(B), 2000).

20.40.520 Specialized instruction school.

A.    Specialized instruction schools are permitted; provided, that the majority of instruction must be within an enclosed structure; and

B.    Permitted as a conditional use in the residential district provided:

1.    Students are limited to 12 per one-hour session;

2.    The majority of instruction must be within an enclosed structure; and

3.    Structures used for the school shall maintain a distance of 25 feet from property lines adjoining residential zones.

C.    On lots over 2.5 acres:

1.    Retail sales of items related to the instructional courses is permitted, provided total floor area for retail sales is limited to 2,000 square feet;

2.    Sales of food prepared in the instructional courses is permitted, provided total floor area for food sales is limited to 1,000 square feet and is located in the same structure as the school;

3.    Other incidental student-supporting uses are allowed, provided such uses are found to be both compatible with and incidental to the principal use. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.530 Street vacation.

Repealed by Ord. 339. (Ord. 238 Ch. IV § 3(B), 2000).

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20.40.535 Transitional encampment.

Repealed by Ord. 762. (Ord. 731 § 1 (Exh. A), 2015; Ord. 368 § 2, 2005).

20.40.540 Temporary use.

Repealed by Ord. 425. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.550 Transit park and ride lot.

A.    Limited in residential zones to 50 stalls unless sited on an existing parking lot or in conjunction with a publicly owned or nonprofit facility (i.e., church, social service agency, etc.); and

B.    New park and ride lots (not including new park and ride facilities located on existing parking lots) shall provide screening and/or Type I landscaping on interior setbacks that abut residentially zoned properties; and

C.    New park and ride lots (not including new park and ride facilities located on existing parking lots) shall provide Type II landscaping along street frontages; and

D.    New park and ride lots (not including new park and ride facilities located on existing parking lots) shall provide lighting directed to the interior of the site and away from adjacent residentially zoned properties. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.560 Trucking and courier service.

Trucking and courier service are limited to self-service household moving truck or trailer rentals. (Ord. 238 Ch. IV § 3(B), 2000).

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20.40.570 Unlisted use.

A.    Recognizing that there may be uses not specifically listed in this title, either because of advancing technology or any other reason, the Director may permit or condition such use upon review of an application for Code interpretation for an unlisted use (SMC 20.30.040, Type A action) and by considering the following factors:

1.    The physical characteristics of the unlisted use and its supporting structures, including but not limited to scale, traffic, hours of operation, and other impacts; and

2.    Whether the unlisted use complements or is compatible in intensity and appearance with the other uses permitted in the zone in which it is to be located.

B.    A record shall be kept of all unlisted use interpretations made by the Director; such decisions shall be used for future administration purposes. (Ord. 706 § 1 (Exh. A), 2015; Ord. 238 Ch. IV § 3(B), 2000).

20.40.580 Utility facility.

Repealed by Ord. 299. (Ord. 238 Ch. IV § 3(B), 2000).

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20.40.590 Veterinary clinics and hospitals.

Veterinary clinics and hospitals are permitted under the following provisions:

A.    No burning of refuse or dead animals is allowed.

B.    The portion of the building or structure in which animals are kept or treated shall be constructed so as to prevent incursion of noise from animals into any residential zone.

C.    All run areas shall be surrounded by an eight-foot solid wall and surfaced with concrete or other impervious material.

D.    The provisions of this Code relative to animal keeping are met. (Ord. 238 Ch. IV § 3(B), 2000).

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20.40.600 Wireless telecommunication facilities/satellite dish and antennas.

A.    Exemptions. The following are exemptions from the provisions of this chapter and shall be permitted in all zones:

1.    Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC).

2.    Machines and equipment that are designed and marketed as consumer products, such as microwave ovens and remote control toys.

3.    The storage, shipment or display for sale of antenna(s) and related equipment.

4.    Radar systems for military and civilian communication and navigation.

5.    Handheld, mobile, marine and portable radio transmitters and/or receivers.

6.    Wireless radio utilized for temporary emergency communications in the event of a disaster.

7.    Licensed amateur (ham) radio stations and citizen band stations.

8.    Earth station antenna(s) one meter or less in diameter and located in any zone.

9.    Earth station antenna(s) two meters or less in diameter and located in the NB, CB, MB or TC-1, 2, or 3 zone.

10.    Satellite dish antennas less than two meters in diameter, including direct to home satellite services, when an accessory use of a property.

11.    Maintenance or repair of a communication facility, antenna and related equipment, transmission structure, or transmission equipment enclosures; provided, that compliance with the standards of this chapter is maintained.

12.    Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a facility until 30 days after the completion of such emergency activity.

13.    A modification that has been determined to be an eligible facilities modification pursuant to SMC 20.40.605.

B.    Prohibitions. The following wireless telecommunication facilities are prohibited:

1.    Guyed towers.

2.    Roof-mounted lattice towers.

C.    Permit Requirements.

Table 20.40.600(1) –    Types of Permits Required for the Various Types of Wireless Telecommunication Facilities

 

Type of Permit

Type of WTF

Building

Conditional Use (CUP)

Special Use (SUP)

Rights-of-Way Use

Building-mounted and structure-mounted wireless telecommunication facilities and facilities co-located onto existing tower

X

 

 

X

(if applicable)

Ground-mounted camouflaged lattice towers and monopoles

X

X

 

X

(if applicable)

Ground-mounted uncamouflaged lattice towers and monopoles

X

 

X

X

(if applicable)

D.    Building-Mounted Wireless Telecommunication Facilities Standards.

1.    Wireless telecommunication facilities located on the roof or on the side of the building shall be grouped together, integrated to the maximum possible degree with the building design, placed to the center of the roof and/or thoroughly screened from residential building views and from public views. (Figures 1 and 2.)

Figure 1 – Wireless facilities integrated into the roof design.

Figure 2 – Unintegrated roof-mounted facilities are not permitted.

2.    The maximum height of roof-mounted facilities and equipment shall not exceed 15 feet above the top of the roof on which the facility is located. This standard shall apply to all buildings, including those built at the maximum height allowed in a specific zone.

3.    Equipment for building-mounted wireless telecommunication facilities shall be located within the building in which the facility is placed or shall be incorporated into the roof design.

4.    Building-mounted wireless telecommunication facilities shall be painted with nonreflective colors. Colors of these facilities and equipment enclosures shall blend in with the building colors.

E.    Ground-Mounted Wireless Telecommunication Facilities.

1.    All ground-mounted wireless telecommunication facilities shall conform to the height and setbacks requirements specified in Table 2.

Table 20.40.600(2) –    Height and Setback Standards for Ground-Mounted Wireless Telecommunication Facilities

Zone

Maximum Height

Setbacks

All Residential Zones: R-4 – R-48 and TC-4

Maximum height specified for each zone.

Minimum 50 feet from all adjacent residentially zoned properties. Minimum of 30 feet from any public right-of-way.

All Commercial Zones: (NB, CB, MB and TC-1, 2, and 3)

Maximum height specified for each zone.

Minimum 30 feet from all adjacent commercially zoned properties and 50 feet from all adjacent residentially zoned properties. Minimum of 30 feet from any public right-of-way.

MB Zone

Maximum height specified for the zone.

Minimum 30 feet from all adjacent commercially zoned properties and 50 feet from all adjacent residentially zoned properties. Minimum of 30 feet from any public right-of-way.

2.    No new ground-mounted wireless telecommunication facilities are allowed within the City rights-of-way.

3.    All ground-mounted wireless telecommunication facilities shall conform to the following site development standards:

a.    To the greatest extent possible, ground-mounted facilities shall be located where existing trees, existing structures and other existing site features camouflage these facilities from prevalent views. (Figures 3, 4, 5 and 7.)

b.    Existing mature vegetation should be retained to the greatest possible degree in order to help conceal the facility. (Figure 5.)

c.    A landscaping plan shall be required that shows the best use of the existing vegetation. Existing vegetation shall be supplemented with new landscaping to effectively screen the facility. Indigenous, drought tolerant plants or species proven adaptable to the local climate should be used. New landscaping must provide design continuity between the subject site and neighboring properties. (Figure 3.)

d.    Equipment enclosures shall be placed unobtrusively underground if site conditions permit and if technically feasible. When such placement is not feasible, they shall be incorporated in a building design. (Figure 3.)

e.    Above ground equipment shall be screened around the perimeter by a fence at least six feet high. The fence should be made of masonry, ornamental metal or wood, or some combination of these. (Figure 8.)

f.    The use of chain link, plastic, vinyl or wire fencing is prohibited, unless fully screened from public views by a minimum eight-foot wide landscaping strip. All landscaping shall meet the standards of Chapter 20.50 SMC, Subchapter 7, Landscaping Standards. (Figure 6.)

g.    Support structures, antennas and associated hardware and equipment shall be finished in such a manner as to blend with the background against which the wireless communication facility will be viewed.

Figure 3 – Supplement existing vegetation with new landscaping. Equipment enclosure shall be incorporated into a building design.

Figure 4 – Unintegrated facilities dominating the landscape are not permitted.

Figure 5 – Existing trees should be retained in order to conceal the WTF.

Figure 6 – Use of chain link fence without any landscape screen is prohibited.

 

 

Figure 7 – Unscreened facilities and chain link fencing are prohibited.

Figure 8 – Examples of screening and fencing of WTF from public views.

 

F.    Structure-Mounted Wireless Telecommunication Facilities Standards.

1.    Wireless telecommunication facilities located on structures other than buildings, such as light poles, flag poles, transformers, existing monopoles, towers and/or tanks shall be designed to blend with these structures and be mounted on them in an inconspicuous manner. (Figures 9 and 10.)

2.    The maximum height of structure-mounted facilities shall not exceed the base height limits specified for each zoning designation in this title regardless of exceptions for the particular mounting structure, provided the facility may extend up to 15 feet above the top of the structure on which the facility is installed, including those built at or above the maximum height allowed in a specific zone.

3    Wireless telecommunication facilities located on structures other than buildings shall be painted with nonreflective colors in a color scheme that blends with the background against which the facility will be viewed.

4.    Wireless telecommunication facilities located on structures within the City of Shoreline rights-of-way shall satisfy the following requirements and procedures:

a.    Only wireless telecommunication providers holding a valid franchise in accordance with SMC 12.25.030 shall be eligible to apply for a right-of-way permit, which shall be required prior to installation in addition to other permits specified in this chapter. Obtaining a right-of-way site permit in accordance with this title may be an alternative to obtaining both a franchise and a right-of-way permit for a single facility at a specific location.

b.    All supporting ground equipment located within a public right-of-way shall be placed underground or, if located on private property, shall comply with all development standards of the applicable zone.

c    To determine allowed height under subsection (F)(2) of this section, the zoning height of the zone adjacent to the right-of-way shall extend to the centerline except where the right-of-way is classified by the zoning map. An applicant shall have no right to appeal an administrative decision denying a variance from height limitations for wireless facilities to be located within the right-of-way.

Figure 9 – Antenna mounted on the light pole.

Figure 10 – Antenna mounted on the existing water tank.

 

G.    General Criteria.

1.     The following shall be considered by the applicants as preferred locations for WTF:

a.    Existing site or tower where a legal WTF is currently located.

b.    Publicly used structures such as water towers, utility poles, and other structures and/or buildings.

2.    Wherever possible stealth installations such as antennas either hidden within existing structures (e.g., church steeples or cupolas) or mounted in new structures designed to look like non-purpose-built towers (e.g., flag poles, fire towers, light standards) are required.

3.    If not using stealth installation, structure-mounted antennas shall be camouflaged, either boxed or painted, to blend in with the surrounding structure.

4.    Pole- or tower-mounted antennas shall be low profile and flush-mounted.

H.    Modification. Excluding modifications subject to SMC 20.40.605 and “in-kind” replacements, modifications to existing sites, including the addition of new antennas to existing structures and building-mounted facilities, shall meet all requirements of this section.

1.    Additions to existing facilities shall incorporate stealth techniques to limit visual impacts.

2.    The antennas shall be mounted as close to the pole as possible.

3.    The diameter of existing facility may not be increased by adding larger frames or arms.

I.    Abandonment or Discontinuation of Use.

1.    At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier will notify the City of Shoreline development services group by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations.

2.    In the event that a licensed carrier fails to give such notice, the personal wireless service facility shall be considered abandoned upon the discovery of such discontinuation of operations.

3.    Upon abandonment or discontinuation of use, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:

a.    Removal of antennas, mount, equipment cabinets and security barriers from the subject property.

b.    Transportation of the antennas, mount, equipment cabinets and security barriers to a repository outside of the City of Shoreline.

c.    Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping provided by the WTF operator shall remain in place.

d.    If a carrier fails to remove a personal wireless service facility in accordance with this section of this chapter, the City of Shoreline shall have the authority to enter the subject property and physically remove the facility. Costs for removal of the WTF shall be charged to the landowner in the event the City of Shoreline removes the facility.

J.    Maintenance.

1.    The applicant shall maintain the WTF to standards that may be imposed by the City at the time of granting a permit. Such maintenance shall include, but not be limited to, painting, structural integrity, and landscaping.

2.    In the event the applicant fails to maintain the facility, the City of Shoreline may undertake enforcement action as allowed by existing codes and regulations. (Ord. 782 § 2 (Exh. A), 2017; Ord. 767 § 1 (Exh. A), 2017; Ord. 695 § 1 (Exh. A), 2014; Ord. 654 § 1 (Exh. 1), 2013; Ord. 631 § 1 (Exh. 1), 2012; Ord. 581 § 1 (Exh. 1), 2010; Ord. 560 § 3 (Exh. A), 2009; Ord. 352 § 1, 2004; Ord. 244 §§ 4, 5, 2000; Ord. 238 Ch. IV § 3(B), 2000).

20.40.605 Wireless telecommunication facilities – Eligible facilities modifications.

A.    Terms used in this section shall have the following meanings. If a term is not expressly defined in this section, then the definitions contained in Chapter 20.20 SMC or its usual meaning shall apply. Where the same term is also defined in Chapter 20.20 SMC, the definitions below shall control for the application of this chapter.

1.    “Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower. The term “base station” includes, but is not limited to:

a.    Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

b.    Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

c.    Any structure other than a tower that, at the time the relevant application is filed with City under this section, supports or houses equipment described in subsections (A)(1)(a) and (b) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another government regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

d.    The term does not include any structure that, at the time the relevant application is filed with the City under this section, does not support or house equipment described in subsections (A)(1)(a) and (b) of this section.

2.    “Collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

3.    “Eligible facilities modification application” means any request for modification of an existing eligible support structure that does not substantially change the physical dimensions of such tower or base station, involving:

a.    Collocation of new transmission equipment;

b.    Removal of transmission equipment; or

c.    Replacement of transmission equipment.

4.    “Eligible support structure” means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the City under this section.

5.    Existing. A constructed tower or base station is “existing” for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another government regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

6.    “FCC” means the Federal Communications Commission.

7.    “Site” means, for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

8.    “Spectrum Act” means Title VI of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 USC 1455.

9.    Substantial Change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

a.    For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, including towers within the public rights-of-way, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;

b.    For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, including towers within the public rights-of-way, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

c.    For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;

d.    It entails any excavation or deployment outside the current site;

e.    It would defeat the concealment elements of the eligible support structure; or

f.    It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections (A)(9)(a) through (d) of this section.

g.    For the purpose of this section, changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

10.    “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

11.    “Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

B.    Review of Applications.

1.    Documentation Requirement for Review. As provided for in SMC 20.30.100(C), the Director shall specify submittal requirements for a complete eligible facilities modification application. The applicant shall provide the required documentation, along with the applicable application fee, so as to ensure that the City has all information and documentation that are reasonably necessary to determine if the applicant’s proposed facilities modification will substantially change the physical dimensions of an eligible support structure. The applicant will not be required to provide documentation of a needs analysis or other justification for the modification.

2.    Time Frame for Review. Within 60 days of the date of submittal of an eligible facilities modification application filed with the City under this section, less any time period excluded under subsection (B)(3) of this section, the City shall approve the application unless it determines that the application is not covered by this section.

3.    Tolling of the Time Frame for Review. The 60-day period begins to run when an eligible facilities modification application is filed, and may be tolled only by mutual agreement or in cases where the City determines that the application is incomplete. The time frame for review is not tolled by a moratorium on the review of applications.

a.    To toll the time frame for incompleteness, the City will provide written notice to the applicant within 30 days of receipt of the eligible facilities modification application, clearly and specifically delineating all missing documents or information. Such delineated information is limited to documents or information meeting the standard under subsection (B)(1) of this section.

b.    The time frame for review begins running again when the applicant makes a supplemental submission in response to the City’s notice of incompleteness.

c.    Following a supplemental submission, the City will have 10 days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

4.    Approval of an eligible facilities modification application does not relieve the applicant of compliance with any other applicable building, structural, electrical, and safety regulations and with other laws codifying objective standards reasonably related to health and safety, including but not limited to those set forth in Chapter 15.05 SMC, Construction and Building Codes, and SMC 20.40.600.

5.    Denial of an Eligible Facilities Modification Application. An eligible facilities modification application shall be denied upon a determination by the City that the proposed facilities modification is not subject to this section or will substantially change the physical dimensions of an eligible support structure. The City will notify the applicant in writing of the basis for the denial.

6.    Failure to Act. In the event the City fails to approve or deny a request seeking approval of an eligible facilities modification application under this section within the time frame for review (accounting for any tolling), the application shall be deemed granted. The deemed grant does not become effective until the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

C.    Appeals. Notwithstanding any other provision of this title, no administrative appeal is provided for review of a decision to condition, deny, or approve an eligible facilities modification application. Any appeals must be brought pursuant to the Land Use Petition Act, Chapter 36.70C RCW. However, the City and the applicant retain all remedies provided for under the Spectrum Act and its implementing rules. (Ord. 782 § 1 (Exh. A), 2017).

20.40.610 Work release facility.

No work release facility shall be located closer than one mile from any public or private school servicing kindergarten through grade 12 students. (Ord. 238 Ch. IV § 3(B), 2000).


1

Code reviser’s note: Ordinance No. 706 adds the provisions of this section as 20.40.440. The section has been editorially renumbered to prevent duplication of numbering.