Chapter 22.58 SPECIFIC USE AND STRUCTURE REGULATIONS

The purpose of this chapter is to list those regulations which apply to specific circumstances and those detailed regulations which are applicable to more than one zoning district. The regulations below are to be considered in addition to standards and design guidelines located in specific land use district chapters. (Ord. 1246 § 15, 2000).

22.58.002 Setback and yard determination.

(a) Measurement. All setbacks shall be measured perpendicular to the nearest property line.

(b) Permitted Encroachments into Required Residential Yards.

(1) Belt courses, canopies, cornices, eaves, chimneys, sills, sunshades, and similar architectural features may extend two feet into any yard, provided a minimum three-foot setback is maintained. Overhead projections shall provide at least seven and one-half feet of unobstructed vertical clearance above grade.

(2) Bay windows and similar features that increase floor area or enclosed space may extend two feet into any yard, provided a minimum three-foot setback is maintained from the property line. Overhead projections shall provide at least seven and one-half feet of unobstructed vertical clearance above grade. Encroaching bay windows shall not extend horizontally across more than 50 percent of the linear wall surface to which they are affixed. The maximum length of each bay shall be 10 feet and the minimum horizontal separation between bays shall be five feet. Bay windows shall not encroach into yards at any other level than the story on which the window openings or glazings are located, except that ornamental brackets or canopies may be approved through administrative design review.

(3) A covered, unenclosed porch of a principal residential structure may encroach up to six feet into a required front yard. An existing legal nonconforming porch and connecting staircase may be reconstructed with an encroachment beyond six feet into a front yard if they generally conform to the original design and footprint.

(4) Uncovered patios, decks, stairs and landings may encroach into required yards based on their height above finished grade or floor level, as follows:

Height Above Finished Grade or Floor Level	Permitted Encroachment
≤ 12 inches above finished grade	May extend to property lines.
> 12 inches and ≤ 30 inches above finished grade	10 feet into required front and rear yards, 6 feet into side street side yards, and 2 feet into interior side yards.
> 30 inches and ≤ floor level of first floor	6 feet into required front and rear yards.
> floor level of first floor	None allowed.
Calculations resulting in a fraction shall be rounded to the nearest whole number with .50 being rounded up.

(5) Uncovered wheelchair ramps or other structures providing disabled access may encroach into any required yard as long as the access structure provides continuous access from the street or parking area to an entrance of the structure that it is designed to serve. The encroachment shall be the minimum necessary to provide safe and adequate access and shall be subject to administrative design review.

(6) Balconies that are less than or equal to 50 square feet in area, have no exterior access, and are cantilevered or supported from the structure, may extend three feet into a required front, rear or side street side yard. The balcony shall not project more than six feet from the supporting wall to the furthest outward extension. Overhead projections shall provide at least seven and one-half feet of unobstructed vertical clearance above grade. Any balcony that does not meet the above criteria shall be considered an uncovered porch subject to the standards in subsection (b)(4) of this section.

(7) A detached accessory building, including but not limited to a garage, carport or garden shed, may be located in a required side or rear yard, subject to the specific standards specified in FMC 22.58.003.

(8) A fence meeting the standards specified in FMC 22.58.004 may be located in a required yard. Fences exceeding these height limits must be located within the allowable building envelope for the principal residential structure.

(9) Arbors, pergolas, trellises and similar structures, either freestanding or attached to a principal or accessory building, may be constructed in any required yard; provided, that a minimum three-foot setback is maintained. A structural connection between these structures and a fence located at or near a property line is permitted, provided the connecting structure does not exceed the height limit that applies to a fence in the required yard.

(10) Porches, patio covers, gazebos and similar covered, unenclosed structures may be constructed in a required rear yard; provided, that a minimum 10-foot rear setback and a standard side yard setback are maintained.

(11) Swimming pools and spas (above and in ground) and related equipment, fish ponds, stationary barbecues, children’s play equipment, and HVAC equipment, may be placed in any required side or rear yard; provided, that a minimum three-foot setback is maintained.

(12) Flagpoles may be placed within any required yard; provided, that a minimum five-foot setback is maintained.

(c) Setback Reduction for Residential Front Yard. A required front yard setback for a principal residential structure may be decreased to a depth that is equal to the average of the setbacks of existing principal residential structures on the adjoining parcels having the same frontage. In computing the average, any adjoining setback greater than the required front yard shall be considered the same as the required front yard setback. In the absence of a principal residential structure on an adjoining parcel, the parcel shall be considered to have a setback equal to the required front yard. In computing the average for corner lots, the adjoining setback on the side street side shall be the same as the required front yard. For each foot of front yard setback reduction, the rear yard setback shall be increased a corresponding distance from the minimum required setback.

(d) Setback from Adjoining Half-Street or Designated Arterial. In addition to providing the standard setback from a property line abutting a street, a lot adjoining a half-street or designated arterial shall provide an additional width of street setback sufficient to accommodate construction of the planned half-street or arterial.

(e) Common Boundary Exception to Setback Requirements. When the common boundary line separating two contiguous lots in any zoning district is covered by a single building or permitted group of buildings, these lots shall constitute a single building site and the setback required by this title shall not apply to the common boundary line.

(f) Special Side Yard Setback Restriction. When the side lot line of a lot in any zoning district adjoins the side lot line of a lot in a more restrictive district, then the adjoining side yard setback for this lot shall not be less than the minimum side yard setback required in the more restrictive district.

(g) Setbacks for Personal Wireless Telecommunication Facilities. See Chapter 22.24 FMC.

(h) Setbacks for Amateur or Citizen Band Transmitters. Support structure setback is equal to overall height of support structure plus height of antenna array. Support structures are prohibited in front yards.

(i) Setback for Flag Lot Front Yards. The front yard setback for a flag lot shall be a minimum of 10 feet measured from the nearest parallel or nearly parallel lot line adjacent to the front facade of the dwelling. See Figure 1.

Figure 1

(Ord. 1562 § 36, 2015; Ord. 1246 § 15, 2000).

22.58.003 Accessory buildings.

(a) One or more detached accessory buildings, including, but not limited to, garages, carports, garden sheds, greenhouses and other similar structures, may be constructed on a parcel containing a principal residential structure, subject to the following standards:

Maximum building footprint area	600 sf.
Maximum lot coverage	10% of the lot area or 1,000 sf, whichever is less, for all accessory buildings combined on a single lot.
Maximum building height	18 feet at top of ridge and 10 feet at top of wall.
Minimum front yard setback	Same as specified for principal residential structure.
Minimum interior side yard setback	5 feet.
Minimum side street side yard setback on a corner lot	Same as specified for principal residential structure if building permit required, otherwise 5 feet.
Minimum rear yard setback	5 feet.
Minimum setback from “rear” lot line of a “through lot”	Same as specified for required front yard for principal residential structure if building permit required, otherwise 5 feet.
Minimum setback from alley	5 feet. Vehicle access points from garages, carports or fenced parking areas shall be set back from the alley property line to provide a straight-line separation of at least 22 feet from the access point to the opposite property line of the alley. No portion of the garage or the door in motion may cross the property line abutting the alley.
Minimum separation from principal residential structure	5 feet. Note: the building code may require additional separation based on construction design.
Calculations resulting in a fraction shall be rounded to the nearest whole number with .50 being rounded up.

(b) Exceptions to Building Footprint Area, Height and Lot Coverage Limits. The director may grant an administrative use permit for a building that exceeds the building footprint, height or lot coverage standards listed in subsection (a) of this section if it finds that:

(1) The building and its use will not significantly impact adjoining properties;

(2) The architecture will incorporate exterior finish materials and design elements consistent with, or superior to, that of the principal residential structure on the property;

(3) The building will fit the character of the neighborhood;

(4) The architecture complies with the city’s design guidelines;

(5) The building footprint will not exceed 800 square feet, and the building height will not exceed 21 feet at the top of ridge or 12 feet at the top of wall; and

(6) The combined building footprints of existing and proposed accessory buildings on the same lot will not exceed 1,000 square feet.

(c) Determination of Attached Versus Detached Status for Garages. A garage that is connected to a principal residential structure by an architecturally integrated, covered breezeway is classified as an attached garage if the separation between the parallel walls of the garage and principal structure does not exceed eight feet. For purposes of determining allowable setbacks, height and lot coverage, an attached garage is treated as if it were part of the principal structure. If the separation between the parallel walls of a garage and principal structure exceeds eight feet, the garage is classified as a detached building subject to the accessory building standards listed in this section. (Ord. 1616 § 1, 2018; Ord. 1562 § 37, 2015; Ord. 1311 § 26, 2002; Ord. 1246 § 15, 2000).

22.58.004 Fences, walls and hedges.

(a) Fences and walls located within a required yard in a residential zoning district shall not exceed the following height limits:

(1) Front yard: four feet.

(2) Side street side yard: six feet.

(3) Interior side and rear yard: six feet plus one foot of lattice or other material with a surface area that is no more than 50 percent opaque. See Figure 2.

(4) Clear vision triangle: two feet, six inches above centerline grades of intersecting streets when a surface area is more than 50 percent opaque (see FMC 22.58.005).

(b) Fences and walls located in a residential zoning district may exceed the preceding height limits if located outside of required yards or within the allowable building envelope for the principal residential structure. Fences and walls may also exceed the limits specified in subsections (a)(1), (2), and (3) of this section if they are intended to enclose public school grounds, parks, playgrounds, substations, wells or other municipal installations.

(c) Fences and walls located within a commercial or industrial zoning district may exceed the height limits specified in subsection (a) of this section, provided the fence or wall design complies with the city’s design guidelines.

(d) Fence height is measured from the ground level where placed or from a retaining wall to the top of the fence, excluding posts. On sloping properties where a fence is constructed of sections which are terraced to match the terrain, fence height shall be the average of the high and low points of each fence section. In such instances, portions of the fence may exceed the maximum allowable height; provided, that the average height of the fence section does not exceed the maximum height.

(e) Solid fences or walls higher than two feet within the front yard are prohibited; this does not include hedges. Front yard fences and walls shall have a surface area that is no more than 50 percent opaque. See Figure 2.

Figure 2

(f) Fence pillars or posts may project a maximum of one foot above maximum fence height.

(g) An administrative exception may be granted to allow the front yard fence height to exceed the four-foot height limit in subsection (a)(1) of this section if the director finds that:

(1) The principal residential structure existing on the lot at the time of application encroaches into the required front yard.

(2) The proposed fence will not encroach into the required front yard any further than the existing principal residential structure.

(3) The fence will not exceed a maximum height of six feet plus one foot of lattice or other material with a surface area that is no more than 50 percent opaque. See Figure 2.

(4) The fence will not be located within a clear vision triangle.

(h) Fences and walls shall not be located within a public street right-of-way unless a right-of-way encroachment permit is granted by the city. The request shall be processed as a Type 2 permit project application in accordance with Chapter 22.05 FMC. In order to grant a right-of-way encroachment permit, the city shall adopt written findings showing the following criteria are met by the proposal:

(1) The fence or wall will comply with clear vision triangle standards, if applicable.

(2) The placement of the fence or wall will not interfere with underground utilities.

(3) The fence or wall will not compromise public safety by restricting the ability of sidewalk users to avoid conflicts with competing users of the sidewalk.

(4) The property owner will be able to obtain and maintain insurance coverage in the event that a claim is filed relating to the fence or wall. The coverage will be provided at a level determined to be acceptable by the risk manager and city attorney, and the property owner will provide documentation of coverage annually to the city.

(5) The property owner shall, by written agreement to be recorded with the Pierce County auditor, indemnify and hold harmless the city for any claim filed against the property owner for any action or cause for damages that may occur as a result of the encroachment.

(i) All private swimming pools, wading pools, spas and hot tubs shall be provided with a fence or wall to prevent unauthorized access. See FMC 12.04.020(a) for specific standards.

(j) A fence permit is required for all fences located in required front yards, side street side yards, yards adjoining through-lot street frontages, and clear vision triangles.

(k) Hedges are allowed in all required yards subject to the following height limits:

(1) Front yard, interior side yard, side street side yard, and rear yard equals no limit.

(2) Clear vision triangle equals two feet, six inches above centerline grades of intersecting streets. (Ord. 1562 § 38, 2015; Ord. 1469 § 1, 2009; Ord. 1438 § 1, 2007; Ord. 1417 § 1, 2006; Ord. 1311 § 27, 2002; Ord. 1246 § 15, 2000).

22.58.005 Clear vision triangle.

(a) All corner lots located in zoning districts that require a front and side yard shall maintain a clear vision triangle at the intersection of two streets for the purpose of public safety. A clear vision triangle shall also be maintained at the intersection of a street and alley or driveway. No building, structure, object or growth between a height of two feet, six inches and eight feet above the centerline grades of the intersecting streets shall be allowed within these triangles.

(b) The clear vision triangle at a street intersection shall be determined by measuring 20 feet along both street property lines beginning at their point of intersection. The third side of the triangle shall be a line connecting the endpoints of the first two sides of the triangle. See Figure 3.

Figure 3

(c) The clear vision triangle at the intersection of a street and alley or driveway shall be determined by measuring 10 feet along the street property line and 10 feet along the edges of the alley or driveway beginning at the respective points of intersection. The third side of the triangle shall be a line connecting the endpoints of the first two sides of the triangle. See Figure 3.

(d) The city engineer may allow alteration of the clear vision triangle. This alteration is contingent on unusual site topography, proposed site design features, and other unique circumstances pertaining solely to the site and surrounding properties. The city engineer shall make written findings that the alteration does not constitute a traffic or pedestrian safety hazard.

(e) Street lights, power poles, traffic signs, or other similar street fixtures less than one-foot wide or other objects above eight feet in height above the adjacent street elevation shall be allowed in the clear vision triangle unless the city engineer determines that, individually or cumulatively, they would pose a public safety hazard. The city engineer may authorize other objects in the clear vision triangle that do not comply with this standard if he/she determines that they would not pose a risk to public safety. (Ord. 1246 § 15, 2000).

22.58.006 Garage placement and width.

(a) The following standards apply to garages attached to single-family, duplex and multifamily dwelling units:

(1) Projection. A garage with doors which face a front yard shall not project in front of the dwelling unit’s facade; provided, that a garage may project in front of the habitable portion of the dwelling unit if a covered porch projects the same or greater distance.

(2) Door Width. Garage doors which face a front yard or a side street side yard shall not exceed 33 percent of the lot width or 18 feet, whichever is less. Individual single bay doors shall not exceed a width of nine feet.

(3) Garage Width. A garage with garage doors that face a front yard or side street side yard shall not exceed 50 percent of the building line or 24 feet, whichever is greater, unless it is designed to appear as habitable space through the use of residential architectural features (see FMC 22.64.023(b)).

(b) Garages attached to dwelling units located on the following types of lots are exempt from the standards listed in subsection (a) of this section:

(1) Flag lots (see FMC 22.98.393, Definitions).

(2) Lots where topography or significant tree retention precludes compliance with the provisions of this section, as determined by the director.

(3) Lots within planned developments granted preliminary development plan approval prior to the effective date of the ordinance codified in this section.

(4) Lots within subdivisions where at least 75 percent of the lots located on the same block face and the block face directly across the street, within 300 feet of the subject property, are occupied by dwelling units with garages which project beyond the facade or which have a garage width or garage door width which exceeds the standards listed in this section.

(5) Undeveloped lots of record existing prior to the effective date of the ordinance codified in this section that are provided vehicular access solely via a substandard private road having one outlet. (Ord. 1417 § 10, 2006; Ord. 1272 § 7, 2001; Ord. 1246 § 15, 2000).

22.58.007 Height exceptions.

(a) Height exceptions to the applicable zoning district limit shall be limited to the minimum necessary for the intended use. Chimneys, steeples, flag poles, skylights, mechanical equipment and associated screening, fire parapet walls, widow’s walk or other similar item required for building operation or maintenance, and tanks and towers required for public utility purposes may be erected above the required height limit provided they meet the structural requirements of the city.

(b) A residential amateur or citizen band antenna array and support structure may be erected up to the minimum height necessary for reception purposes. If a resident proposes a height greater than 45 feet, the city shall require the applicant to submit certification from a qualified and licensed engineer that the proposed height is the minimum necessary for reception purposes. For a proposed height greater than 55 feet, the city shall, at the applicant’s expense, hire a qualified and licensed engineer to review the applicant’s submittal.

(c) A public or quasi-public utility pole or structure may be erected to a height necessary for proper use. For proposed structures above 45 feet, the city shall require the applicant to submit certification from a qualified and licensed engineer that the proposed height is the minimum necessary for utility purposes. For a proposed height greater than 55 feet, the city shall, at the applicant’s expense, hire a qualified and licensed engineer to review the applicant’s submittal.

(d) A personal wireless service facility may exceed the applicable zoning district height limit provided it is installed in compliance with Chapter 22.24 FMC. (Ord. 1246 § 15, 2000).

22.58.008 Performance standards.

In addition to the specific requirements within the applicable zoning district chapter, the following performance standards shall apply:

(a) Objectionable Elements. No land or building shall be used or occupied in any manner to create any dangerous, injurious, noxious, or otherwise objectionable element. An objectionable element may include, but is not limited to, excessive noise, vibration, glare, smoke, dust, or odor.

(b) Enclosure of Activities. Unless authorized by the applicable zoning district, all home occupation, commercial and industrial activities shall be conducted within an enclosed structure, except for customary accessory appurtenances, such as refuse collection containers screened from public view, parking and loading areas.

(c) Outside Storage. Unless authorized by the applicable zoning district, outside storage of material for commercial and industrial uses is prohibited. An outside storage area shall not exceed 20 percent of lot area and shall be screened from view from any property line. Outside storage shall be restricted to the area at the rear of a principal building. The outside storage area shall be enclosed by a fence greater than or equal to eight feet in height. Outside storage exceeding a height of eight feet shall be set back from the property line a distance of at least twice the height of material being stored. The height of outside storage shall not exceed twice the height of the fence in this subsection. Outside storage of junk or wrecked vehicles is prohibited. Outside storage of inoperable vehicles may be permitted in residential districts subject to compliance with FMC 22.58.024.

(d) Refuse Collection Containers. For multifamily, mixed-use, or nonresidential structures and uses, all outdoor refuse collection containers (including recycling containers) shall be completely screened from public or private streets and from adjacent property by an opaque screen. Masonry block wall, decorative metal, or other high-quality durable materials shall be used for the screen. Chain link with slats shall not be used. Where space allows, evergreen shrubs and other landscaping shall be installed to soften the visual impact of the screening enclosure. Refuse storage areas that are visible from the upper stories of adjacent structures shall have an opaque or semi-opaque horizontal cover or screen to mitigate unsightly views. The covering structure shall be compatible with the site’s architecture. If required by the sanitary sewer service provider, the trash enclosure floor shall be designed to slope to an interior trapped area floor drain and connected to a grease interceptor before plumbing to the sanitary sewer system. The floor shall be designed to contain all interior runoff and not allow outside storm rain or runoff from entering the trash enclosure. The storage of animal or vegetable waste that may attract insects or rodents or otherwise create a potential health hazard is prohibited. Properties undergoing substantial improvement as defined in FMC 22.98.697, a change in building code classification, or a change in use shall install new screening or upgrade any existing collection container facilities that do not meet the standards of this section to ensure code consistency upon completion of the redevelopment. A change from one tenant to another that neither triggers a change in building code classification nor represents a change in use will not require new screening or an upgrade to an existing enclosure. For multi-tenant structures, the city’s determination as to whether improvement to an individual tenant space is considered to be a substantial improvement will be based on the value of the improvements relative to the assessed valuation of the tenant space, or a comparable judgment if an individual tenant space assessment is unavailable.

(e) Maintenance of Yards and Open Space. All required structures, yards, parking areas and other open areas on site shall be maintained in a neat and orderly manner at all times appropriate for the zoning district. Yards and open areas shall be maintained, as the responsibility of the property owner, free of any hazards to health or safety. Except for permitted earth-disturbing activity, all ground areas shall be maintained in a manner ensuring that the natural or landscaped vegetation or permitted impervious surfaces provide a durable and dust-free covering at all times. Dumping or storage of junk or debris, including junk vehicles or wrecked vehicles, is prohibited.

(f) Utilities. For new development, or existing development which is being expanded by greater than or equal to 50 percent of its existing gross floor area, all utilities shall be located underground; provided, that electrical lines of 50,000 volts or greater may be placed aboveground. The construction of a new single-family residence on an infill lot located within a subdivision where electric service is typically provided from an overhead location may be exempted from this requirement by the public works director if he/she determines that the undergrounding of electric facilities for this lot would be impractical.

(g) Screening of Mechanical Equipment. All roof-mounted air conditioning or heating equipment, vents or ducts shall not be visible from the ground level of any abutting parcel or any public rights-of-way. This shall be accomplished through the extension of the main structure or roof or screening in a manner that is architecturally integrated with the main structure. The screening may require acoustical treatment to mitigate noise generation.

(h) Barbed or Razor Wire. Barbed, razor or similar security wire may be authorized by the city for municipal facilities, if the fence on which the wire is placed will be effectively screened by landscaping. Barbed or razor wire is prohibited in all other locations and zoning districts.

(i) Erosion and Sedimentation. A temporary erosion and sedimentation control plan detailing measures for controlling erosion and sediment-laden runoff shall be submitted for approval by the director prior to issuance of a clearing and grading permit or other construction permit for a project. Measures shall include provisions to remove depositions of soil and material from streets and to prevent discharge of soil and materials onto adjoining properties or environmentally sensitive areas. The plan shall be implemented by the applicant before and during construction, and the applicant’s performance shall be monitored by the city. The plan shall be upgraded as deemed necessary by the director to ensure effective control during construction.

(j) Particulates. During site development activities, construction dust and other particulates shall be controlled through frequent watering and/or other dust control measures approved by the director. Reclaimed water shall be used whenever practicable. Soil that is transported in trucks to and from the construction site shall be covered to the extent practicable to prevent particulates from being released.

(k) Stormwater Management. Stormwater facilities shall be designed in accordance with the standards set forth in Chapter 20.24 FMC. Stormwater site plans demonstrating compliance with stormwater management standards shall be submitted for approval by the director and city engineer prior to issuance of site development permits.

(l) Contaminants. During site development activities, all releases of oils, hydraulic fluids, fuels, other petroleum products, paints, solvents, and other deleterious materials shall be contained and removed in a manner that will prevent their discharge to waters and soils of the state. The cleanup of spills shall take precedence over other work on the site. (Ord. 1667 § 19, 2020; Ord. 1640 § 5, 2019; Ord. 1562 § 39, 2015; Ord. 1311 § 28, 2002; Ord. 1246 § 15, 2000).

22.58.009 Manufactured homes.

A manufactured home is permitted in any zoning district that permits a single-family residence. The placement of a manufactured home is subject to the same zoning regulations and environmental standards that are required for construction of a conventional site-built single-family residence regulated by the International Building Code. A manufactured home shall be permanently set on a foundation, consistent with the foundation requirements for manufactured housing, and shall include a perimeter fascia that looks similar to a foundation for a site-built home, as determined by the director. A manufactured home shall comply with the city’s infill housing design guidelines, when applicable. (Ord. 1473 § 4, 2009; Ord. 1246 § 15, 2000).

22.58.010 Family day-care facilities.

A family day-care facility shall:

(a) Comply with all building, fire, safety, health code and business licensing requirements;

(b) Conform to lot area, coverage, density, setback and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure;

(d) Comply with Chapter 22.26 FMC, Sign Regulations;

(e) Prior to state licensing, the proposed provider shall submit proof to the director that the provider notified the immediately adjoining property owners about the intent to locate and maintain a family day-care facility. Adequate proof shall consist of a copy of a detailed letter submitted to the adjoining neighbors, along with a signed certification of delivery and/or a written letter from the adjoining neighbors indicating that they have received proper notification. (Ord. 1246 § 15, 2000).

22.58.011 Short-term rental establishments.

(a) Purpose and Intent. The purpose of this section is to:

(1) Provide property owners and residents with an opportunity to use their homes to engage in small-scale business activities.

(2) Protect neighborhood character and stability.

(3) Establish criteria and standards for the use of residential structures as short-term rentals.

(b) Permit Requirements. A short-term rental establishment may be carried on upon the issuance of a business license pursuant to Chapter 5.04 FMC and the issuance of a short-term rental permit by the director.

(c) Submittal Requirements. Application for a short-term rental permit shall be made upon forms provided by the director, accompanied by a filing fee in accordance with the planning services fee schedule established by council resolution. The application shall be signed by the owner of the property on which the short-term rental activity will occur. The application shall also be signed by the business operator if that person is different from the property owner. The director may require the submittal of a site plan of the premises, floor plans of the residence or accessory building in which the use or activity will take place, and other documentation deemed necessary to process the application. The plans shall clearly indicate the area where the use or activity will take place and any structural alterations intended to accommodate the use or activity.

(d) Short-Term Rental Types Defined. The following definitions apply to the short-term rental types allowed through the provisions of this section:

(1) “Room rental establishment” means a lodging use, where individual rooms within a single dwelling unit are provided for less than 30 consecutive days for a fee by prearrangement. This shall include bed and breakfast establishments.

(2) “Dwelling unit rental” means a dwelling unit, typically rented in its entirety, for less than 30 consecutive days for a fee by prearrangement.

(e) Processing Requirements.

(1) The director shall approve a proposed short-term rental establishment, which complies with all the performance standards set forth in this section, except as provided in subsection (e)(2) of this section. The director may impose conditions of approval to ensure that the activity is conducted in a manner consistent with the standards and purpose and intent of this section.

(2) A proposed room rental establishment providing more than two bedrooms available for rent is subject to conditional use permit approval in accordance with Chapter 22.68 FMC.

(f) Room Rental Establishment Standards.

(1) Room rentals shall be an incidental or secondary use to the primary use, which is considered to be the principal residential dwelling unit.

(2) The owner/lessee of the structure shall operate the establishment and reside on site.

(3) Service shall be limited to the rental of bedrooms. Meal service shall be limited to the provision of breakfast or light snacks for registered guests.

(4) A maximum of four bedrooms or suites may be made available for rent. There shall be no expansion in the number of guest rooms beyond the number approved.

(5) No separate or additional kitchens for guests are permitted. Limited cooking facilities shall be allowed inside guestrooms, or inside other rooms that are used solely by guests, such as small microwaves and refrigerators.

(6) Receptions, private parties or similar activities, for which a fee is paid or which are allowable as a condition of room rental, may be permitted upon a determination by the hearing examiner that such activities will not significantly impact the adjoining neighborhood.

(7) One off-street parking space shall be provided on site for each rental bedroom. The number of required off-street spaces may be reduced by the number of spaces available on the street frontage adjoining the parcel upon which the room rental is to be established, if the decision-maker determines that sufficient on-street parking will exist to satisfy parking demand in the neighborhood once the room rental has been established. Any additional off-street parking provided in conjunction with the room rental shall, to the extent possible, be located to the side or rear of the structure housing the room rental in order to minimize visual impacts on the streetscape. Off-street parking shall be designed to reduce impacts on adjoining properties through the installation of vegetative screening and/or fencing. The parking surface and additional driveway surface required to provide access to the parking area shall be constructed of permeable, porous or pervious pavers to achieve low impact development objectives and a superior appearance when compared with conventional asphalt or concrete pavement. For additional off-street parking standards, see Chapter 22.60 FMC.

(8) Certification by the building official that the residence complies with fire and life safety aspects is required. Inspection fee may apply.

(g) Dwelling Unit Rental.

(1) The number of persons per sleeping area shall comply with the International Building Code.

(2) Two off-street parking spaces shall be provided on site.

(h) Other Regulations.

(1) Proof of ownership or approval of property owner is required.

(2) The room rental shall be exempt from the home occupation requirements of FMC 22.58.013.

(3) The exterior appearance of the structure shall maintain its original character.

(4) Signage shall comply with Chapter 22.26 FMC, Sign Regulations.

(5) Permits shall lapse and become void if the establishment ceases operation for 12 consecutive months, applicant named on the permit moves from or sells the site, or the applicant fails to maintain a valid business license. (Ord. 1638 § 25, 2019; Ord. 1604 § 1, 2017; Ord. 1246 § 15, 2000).

22.58.012 Accessory dwelling units (ADUs).

(a) Purpose. The purpose of allowing ADUs is to:

(1) Provide homeowners with a means of obtaining, through tenants in either the ADU or the principal unit, rental income, companionship, security, and services.

(2) Add affordable units to the existing housing stock.

(3) Make housing units available to people with income levels that might otherwise preclude them from finding homes within the city.

(4) Develop housing units in single-family neighborhoods that are appropriate for people at a variety of stages in the life cycle.

(5) Protect neighborhood stability, property values, and the single-family residential appearance of the property and neighborhood by ensuring that ADUs are installed under the conditions of this section.

(b) Approval. An attached ADU may be approved by the director subject to administrative design review approval in accordance with Chapter 22.66 FMC, provided the standards and criteria in subsection (c) of this section are met by the proposal. A detached ADU shall be processed as a conditional use, pursuant to Chapter 22.68 FMC.

(1) The design and size of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. When there are practical difficulties in carrying out the provisions of this subsection, the building official may grant modifications for individual cases, provided the intent of the applicable code is met.

(2) An ADU may be attached to, or detached from, the principal unit.

(3) Only one ADU may be created per principal unit.

(4) The property owner, which shall include title holders and contract purchasers, must occupy either the principal unit or the ADU as their permanent residence, but not both, and at no time receive rent for the owner-occupied unit.

(5) An ADU may be developed in either an existing or a new single-family residence.

(6) An attached ADU shall not exceed 800 square feet; provided, if the ADU is completely located on a single floor of a multistory building, the director may allow increased size in order to efficiently use all floor area. A detached ADU shall comply with accessory building size limits and related standards listed in FMC 22.58.003.

(7) An attached ADU shall be designed to maintain the architectural design, style, appearance and character of the principal unit as a single-family residence. If an attached ADU extends beyond the current footprint or existing height of the principal unit, or requires modifications to the exterior of the building, the addition or modifications must be consistent with the existing facade, roof pitch, siding, windows, and other exterior design elements and finish materials. A detached ADU shall use the same design vocabulary as the principal unit to the extent feasible.

(8) Only one entrance is permitted to be located on the front facade of the principal unit. If a separate outside entrance is necessary for an attached ADU, it must be located either on the rear or side of the principal unit. This entrance shall be located in such a manner as to be unobtrusive from the same view of the building that encompasses the main entrance to the principal unit.

(9) No additional off-street parking is required for an ADU unless the director determines that insufficient on-street parking will exist to satisfy parking demand in the neighborhood once the ADU has been occupied. Any additional off-street parking provided in conjunction with the ADU shall, to the extent possible, be located to the side or rear of the principal unit to minimize visual impacts on the streetscape. Off-street parking shall be designed to reduce impacts on adjoining properties through the installation of vegetative screening and/or fencing. The parking surface shall be constructed of a permeable surface such as interlocking paving blocks (cement or plastic) or other porous pavement which minimizes impervious surface and provides a superior appearance when compared with asphalt or concrete paving. For additional off-street parking standards, see Chapter 22.60 FMC.

(10) In order to encourage the development of housing units for people with disabilities, the director may allow reasonable deviation from the requirements of this section when necessary to install features that facilitate accessibility. These facilities shall conform to Washington State regulations for barrier-free facilities.

(11) An ADU shall be connected to the utilities of the principal unit and may not have separate water, sewer and electrical services.

(12) The total number of occupants in both the principal unit and ADU combined may not exceed the maximum number established by the definition of “family” in FMC 22.98.267.

(13) A registration form or other forms required by the director shall be filed as a deed restriction with the Pierce County auditor to indicate the presence of the ADU, the requirement of owner-occupancy, and other standards for maintaining the unit as described above.

(d) Legalization of Nonconforming ADUs. Nonconforming ADUs existing prior to the enactment of these requirements may be found to be legal if the property owner applies for an ADU permit prior to one year after enactment of this section and brings the unit up to minimum housing code standards. No penalty fees or fines will be assessed by the city for legalization submittals made prior to this date. After one year after enactment of this section, an owner of an illegal ADU shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $1,000, including all statutory costs, assessments, and fees, plus $75.00 per day after notice of this violation has been met. An owner of an illegal ADU shall also be required to either legalize the unit or remove it. (Ord. 1575 § 16, 2016; Ord. 1512 § 7, 2011; Ord. 1417 § 2, 2006; Ord. 1311 § 29, 2002; Ord. 1246 § 15, 2000).

22.58.013 Home occupations.

(a) Purpose and Intent. It is the purpose and intent of this section to:

(1) Protect residential areas from potential adverse impact of activities defined as home occupations;

(2) Allow residents of the community a broad choice in the use of their homes as a place of livelihood and for the production or supplementing of personal and family income; and

(3) Establish criteria and standards for the use of residential structures for home occupations.

(b) Permit Requirement. A home occupation may be carried on upon the issuance of a business license pursuant to Chapter 5.04 FMC and the issuance of a home occupation permit by the director.

(c) Submittal Requirements. Application for a home occupation permit shall be made upon forms provided by the director, accompanied by a filing fee in accordance with the planning services fee schedule established by council resolution. The application shall be signed by the owner of the property on which the home occupation activity will occur. The application shall also be signed by the business operator if that person is different from the property owner. The director may require the submittal of a site plan of the premises, floor plans of the residence or accessory building in which the use or activity will take place, and other documentation deemed necessary to process the application. The plans shall clearly indicate the area where the use or activity will take place and any structural alterations intended to accommodate the use or activity.

(d) Categories of Home Occupation.

(1) Type I home occupations are those activities, categorized below, which comply with all performance standards set forth in subsection (f) of this section.

(A) Type I-A includes home offices, internet businesses, and similar activities that have no traffic or product pickup or deliveries.

(B) Type I-B includes instruction, counseling, sales, services, and other activities that have customer traffic and/or product pickup or deliveries.

(2) Type II home occupations are those activities which do not comply with one or more of the performance standards governing Type I home occupations as set forth in subsection (f) of this section but which do comply with the performance standards governing Type II home occupations as set forth in subsection (g) of this section.

(e) Processing Requirements.

(1) The director shall approve a proposed home occupation, which complies with all Type I standards set forth in subsection (f) of this section. The director may impose conditions of approval to ensure that the business activity is conducted in a manner consistent with the standards and purpose and intent of this section.

(2) A proposed home occupation which has been determined by the director to not comply with one or more Type I standards set forth in subsection (f) of this section may be permitted subject to conditional use permit approval by the planning comission in accordance with Chapter 22.68 FMC, if the home occupation complies with the Type II standards set forth in subsection (g) of this section.

(f) Type I Home Occupation Standards.

(1) Only residents of the premises on which the home occupation is located shall carry on the home occupation.

(2) The home occupation shall be carried on entirely within a residence and/or detached accessory building. The home occupation shall occupy not more than 25 percent of the total floor area of the habitable portion of a residence. In no event shall such occupancy exceed 400 square feet.

(3) Any extension of the home occupation to the outdoors, including, but not limited to, paving of yards for parking, outdoor storage or activity, and indoor storage or activity visible from outdoors (e.g., in an open garage) is prohibited, except that vegetables, fruits, flowers and other agricultural products may be grown on the premises if production does not exceed what would normally be consumed on the premises.

(4) The home occupation shall not result in the elimination of required on-site parking.

(5) The home occupation shall be conducted in such a manner as to give no outward appearance nor manifest any characteristics of a business in terms of deliveries, parking, customer trips and other activities, that would infringe upon the right of the neighboring residents to enjoy a peaceful occupancy of their homes.

(6) The home occupation shall not result in structural alteration to the interior or exterior of the structure that changes its residential character.

(7) No equipment shall be used and no activities shall be conducted which would result in noise, vibration, smoke, dust, odors, heat, glare or other conditions exceeding in duration or intensity those normally produced by residential use. Normal residential use shall be construed as including the above impacts only on an occasional weekend or evening basis (e.g., in connection with a hobby or home/yard maintenance), and not on a daily basis.

(8) The home occupation shall not include: (A) automobile, truck or heavy equipment repair; (B) body work or painting; (C) outdoor storage of used parts of vehicles and used machinery in an inoperable condition; or (D) outside storage of building materials such as lumber, plasterboard, pipe, paint or other construction materials.

(9) The home occupation shall not include parking or storage of heavy equipment, including trucks of over one-ton load capacity or commercial vehicles in excess of 10,000 gross vehicle weight (GVW), within a public right-of-way or on private property outside of a fully enclosed building.

(10) Persons in building trades and similar fields using their homes or apartments as offices for business activities conducted off the residential premises may have other employees or independent contractors; provided, that such employees or independent contractors do not perform labor or personal services on the residential premises, park on or near the residential premises, or check in at the residential premises during the course of business.

(11) The home occupation may include limited on-premises sales of products or stock-in-trade, provided the applicant can clearly demonstrate that such sales will not be inconsistent with other Type I standards. Examples of allowable on-premises sales include cosmetics or similar products associated with a business where most products are delivered to a customer’s address, hair care products associated with a barber/beauty shop and instructional materials pertinent to the home occupation, e.g., music books. The display or storage of products or stock-in-trade outside a residence or in a window is prohibited, except that vegetables, fruits, flowers and other agricultural products grown on the premises may be offered for sale out-of-doors during the growing season.

(12) Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage.

(13) The home occupation shall not generate significantly greater traffic volume than would normally be expected in the particular residential zone or neighborhood in which the home occupation is conducted. Generally, delivery and pickup of materials to and from the premises by a commercial vehicle should not exceed two trips per week. For the purpose of this section, commercial vehicles shall not exceed a gross vehicle weight of 20,000 pounds. Also, generally, traffic generated by a home occupation should not exceed four round trips per day.

(14) If the home occupation is the type in which classes are held or instruction given, there shall be no more than two students allowed in any one class or instruction period.

(g) Type II Home Occupation Standards.

(1) The home occupation will not harm the character of the surrounding neighborhood.

(2) The home occupation will not include storage, use or operation of building materials, machinery, commercial vehicles or tools, unless:

(A) The activity is wholly enclosed within a structure or building;

(B) The activity would not result in noise, vibration, smoke, dust, odors, heat, glare or other conditions exceeding in duration or intensity those normally produced by residential use. Normal residential use shall be construed as including the above impacts only on an occasional weekend or evening basis (e.g., in connection with a hobby or home/yard maintenance), and not on a daily basis.

(3) The home occupation will not create a condition which injures or endangers the comfort, repose, health and safety of persons on abutting properties or streets.

(4) The home occupation will not generate excessive traffic or necessitate excessive parking beyond that normally associated with residential use in the neighborhood in which the home occupation is located.

(5) The home occupation will include no more than two nonresident employees working on site when nonresident employees are involved. The home occupation may have additional employees or independent contractors; provided, that such employees or independent contractors do not perform labor or personal services on the residential premises, park on or near the residential premises, or physically check in at the residential premises during the course of business.

(6) The home occupation will not include the outdoor display and sale of products or stock in trade, unless the applicant can demonstrate that such on-premises sales will not result in noncompliance with other applicable standards governing Type I and Type II home occupations.

(h) Other Regulations.

(1) Home occupations shall comply with all other local, state or federal regulations pertinent to the activity pursued, and the requirements or permission granted or implied by this section shall not be construed as an exemption from these regulations.

(2) Home occupation permits are issued to an individual applicant and shall not be transferred or otherwise assigned to any other person. The permit will automatically expire when the applicant named on the permit application moves from the site or moves the business from the site. The home occupation shall also automatically expire if the permittee fails to maintain a valid business license or the business license is suspended or revoked. The home occupation shall not be transferred to any site other than that described on the application form.

(3) Two or more home occupation permits may be issued for the same location if it is determined that the sum of the businesses still meets the requirements of this chapter.

(4) The home occupation will comply with Chapter 22.26 FMC, Sign Regulations.

(i) Exemptions. The following activities shall be exempt from the provisions of this section:

(1) Garage sales, yard sales, bake sales, occasional parties for the sale or distribution of goods or services, and other like uses; provided, that any such garage sales and yard sales involve only the sale of household goods, none of which were purchased for the purpose of resale. If the collective total of all such sales and/or parties exceeds four events or 12 days in any calendar year, then such sales and/or parties shall be considered a home occupation;

(2) Family day-care facilities licensed by the Washington State Department of Social and Health Services; and

(3) Telecommuting, remote work and other alternative work options; provided the resident is an employee of an off-site company, a business license is not required, and the work does not require deliveries or customers visiting the home.

(j) Permit Fee Exemptions. Nonprofit organizations as defined by FMC 5.04.100(c) must apply for a home occupation permit but are exempt from a home occupation permit fee. Nonprofit organizations that are categorized as Type II home occupations are not exempt from the conditional use permit fee. (Ord. 1605 § 1, 2017; Ord. 1512 § 4, 2011; Ord. 1246 § 15, 2000).

22.58.014 Adult entertainment establishments.

(a) Purpose. The purpose of this section is to regulate adult entertainment establishments and to provide certain limitation to the siting of these uses.

Development standards are used to reduce conflicts between these uses and other uses that may not be compatible.

(b) Uses Permitted. Adult entertainment establishments may be permitted by conditional use permit in the MUU zone.

(1) Adult entertainment establishments shall not be located on lots adjacent to (directly touching or across a street from) any residential zone (R-4, R-4-C, R-6, R-8, R-10-TCD, R-20 and R-30) and additional zones (NC, NO, GC and MUN) that allow residential uses (except for dwelling units provided for site security or maintenance personnel).

(2) Adult entertainment establishments shall not be allowed within 500 feet of any other adult entertainment establishment, as measured from property lines.

(3) Adult entertainment establishments shall not be allowed within 100 feet of any “sensitive receptor.” Distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the zone district boundary line from which the proposed land use is to be separated.

(d) Variance to Locational Requirements. A variance to the dispersal provisions may be granted by the hearing examiner if all of the following criteria can be met:

(1) That free speech rights which are entitled to protection by the First Amendment to the United States Constitution of an applicant for an adult entertainment establishment cannot be adequately protected on parcels allowed for siting because other adult entertainment establishments are in place, or sensitive receptors limit additional uses in the MUU zone.

(2) That the natural or built environment in the immediate vicinity would result in an effective separation between the proposed adult entertainment establishment and any sensitive zones or uses in terms of visibility and access.

(3) The proposed use complies with the goals and policies of the comprehensive plan.

(4) The proposed use is otherwise compatible with adjacent and surrounding land uses.

(5) The applicant has proposed conditions that would minimize the secondary adverse effects of the proposed use.

(e) Development Standards. The development standards in this section shall apply to all buildings, uses, and property used for adult entertainment purposes. The development standards for adult entertainment establishment uses are the same as the applicable zoning regulations for the zoning districts in which they are located, except as follows:

(1) Visual Impacts.

(A) No owner or operator of an adult entertainment establishment shall allow any merchandise or activity of the establishment to be visible from any point outside the establishment.

(B) No owner or operator of an adult entertainment establishment shall allow the exterior to have flashing lights or any lettering, photographs, silhouettes, drawings, or pictorial representations of any kind other than to the extent permitted by this section or Chapter 22.26 FMC.

(C) The exterior of an adult entertainment establishment, if painted, must be painted (stained or otherwise covered) in a single achromatic color, except if:

(i) The adult entertainment establishment is part of a commercial multi-unit center; and

(ii) The exteriors of each individual unit in the commercial multi-unit center, including the adult entertainment establishment, are painted the same color as one another or are painted in such a way as to be a component of the overall architectural style or pattern of the commercial center.

(2) Signage. In addition to the restrictions imposed by Chapter 22.26 FMC, the following restrictions apply to any adult entertainment establishment:

(A) Each display surface of a sign must:

(i) Be a flat plane, rectangular in shape;

(ii) Not be flashing or pulsating;

(iii) Have characters of a solid color;

(iv) Have all characters of the same print type, size, and color;

(v) Have the background in one solid color.

(B) Readerboard signs are not allowed.

(f) Nonconforming Adult Entertainment Establishments. An adult entertainment establishment shall be deemed a legal nonconforming use and shall be subject to the requirements of FMC 22.58.023 (Nonconforming lots, uses and structures) if a zone that allows residential uses is located adjacent to the adult entertainment establishment or if a sensitive receptor identified in subsection (c)(3) of this section locates within 50 feet of the adult entertainment establishment facility after the date the adult entertainment establishment facility has located within the city in accordance with requirements of this section. (Ord. 1667 § 20, 2020; Ord. 1562 § 40, 2015; Ord. 1246 § 15, 2000).

22.58.015 Temporary accessory structures and uses.

The following temporary accessory structures and uses are allowed in any zoning district:

(a) Temporary structures and storage containers for construction purposes for a period not to exceed the duration of such construction.

(b) Temporary, portable and self-contained sanitary waste facility serving a construction site.

(c) Temporary, portable moving containers for a period not to exceed 21 days. (Ord. 1575 § 17, 2016; Ord. 1246 § 15, 2000).

22.58.016 Pedestrian plazas.

Repealed by Ord. 1667. (Ord. 1246 § 15, 2000).

22.58.017 Sidewalk cafes.

(a) Sidewalk cafes or other food or beverage-serving facility or establishment, when located on a public sidewalk or other public right-of-way area, are permitted in specified zoning districts subject to administrative use permit approval in accordance with Chapter 22.70 FMC. At a minimum, the following factors shall be considered when evaluating any proposed outdoor seating area:

(1) The type, size and location of the proposed facility or establishment;

(2) The present use of adjoining properties, and the anticipated compatibility of the proposed facility or establishment with such uses;

(3) The degree to which the proposed facility or establishment is compatible with residential uses in the vicinity; and

(4) The degree to which the public sidewalk or other public right-of-way area will remain available and safe for general public use.

(b) Prior to approving the proposal, the applicant shall furnish the director with the following:

(1) An agreement which indemnifies the city from any claims regarding the use of the sidewalk or right-of-way area as approved by the city;

(2) A certificate from an insurance carrier verifying that the applicant/business operator has general liability insurance in the amount of $1,000,000 naming the city as additional insured;

(3) A copy of any required permit from the Tacoma-Pierce County Health Department;

(4) A copy of any required license from the Washington State Liquor and Cannabis Board. (Ord. 1575 § 18, 2016; Ord. 1246 § 15, 2000).

22.58.018 Outdoor lighting.

(a) Approval Required. The installation or replacement of outdoor lighting fixtures shall require approval of the hearing examiner or director, as appropriate. Approval shall not be granted unless the proposed installation is found by the hearing examiner or director to conform to all applicable provisions of this section. Properties developed with single-family or duplex dwellings are exempt from this section, provided they are not located within a planned development approved subsequent to the effective date of the ordinance codified in this section.

(b) General Requirements.

(1) When the outdoor lighting installation or replacement is part of a development proposal for which hearing examiner review is required, the hearing examiner shall evaluate the proposed lighting installation as part of its discretionary review. The hearing examiner may grant approval of the installation, or it may approve the installation on a conceptual level and delegate to the director the responsibility to ensure that the final lighting installation design complies with this section.

(2) When the outdoor lighting installation is not part of a development proposal for which hearing examiner review is required, the director shall evaluate and approve the proposed lighting installation design if it complies with this section.

(3) The applicant shall submit to the department sufficient information, in the form of an overall exterior lighting plan, to enable the hearing examiner or director to determine that the applicable provisions will be satisfied. The lighting plan shall include at least the following:

(A) A site plan, drawn to a scale of one inch equaling no more than 20 feet, showing buildings, landscaping, parking areas, and all proposed exterior lighting fixtures.

(B) Specifications for all proposed lighting fixtures including photometric data, designation as IESNA “cut-off” fixtures, Color Rendering Index (CRI) of all lamps (bulbs), and other descriptive information on the fixtures.

(D) Analyses and illuminance level diagrams showing that the proposed installation conforms to the lighting level standards in this section.

(E) Drawings of all relevant building elevations showing the fixtures, the portions of the walls to be illuminated, the illuminance levels of the walls, and the aiming points for any remote light fixtures.

(4) Wherever practicable, lighting installations shall include timers, dimmers, and/or sensors to reduce overall energy consumption and eliminate unneeded lighting.

(5) When an outdoor lighting installation is being modified, extended, expanded, or added to, the entire outdoor lighting installation shall be subject to the requirements of this section.

(6) Expansions, additions, or replacements to outdoor lighting installations shall be designed to avoid harsh contrasts in color and/or lighting levels.

(7) Electrical service to outdoor lighting fixtures shall be underground unless the fixtures are mounted directly on utility poles.

(8) Proposed lighting installations that are not covered by the special provisions in this section may be approved only if the hearing examiner or director finds that they are designed to minimize glare, do not direct light beyond the boundaries of the area being illuminated or onto adjacent properties or streets, and do not result in excessive lighting levels.

(9) For the purposes of these regulations, the mounting height of a lighting fixture shall be defined as the vertical distance from the grade elevation of the surface being illuminated to the bottom of the lighting fixture (i.e., luminaire).

(10) Holiday lighting during the months of November, December and January shall be exempt from the provisions of this section; provided, that such lighting does not create dangerous glare on adjacent streets or properties.

(11) The hearing examiner or director may modify the requirements of this section if it determines that in so doing it will not jeopardize achievement of the intent of these regulations.

(c) Parking Lot Lighting. Parking lot lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision and comfort in parking areas, and to not cause glare or direct illumination onto adjacent properties or streets.

(1) All lighting fixtures serving parking lots shall be cut-off fixtures as defined by the Illuminating Engineer Society of North America (IESNA).

(2) Alternatives. The design for an area may suggest the use of parking lot lighting fixtures of a particular “period” or architectural style, as either alternatives or supplements to the lighting described above.

(A) If such fixtures are not “cut-off” fixtures as defined by IESNA, the maximum initial lumens generated by each fixture shall not exceed 2,000 (equivalent to a 150-watt incandescent bulb).

(B) Mounting heights of such alternative fixtures shall not exceed 15 feet.

(3) Parking area lighting standards in the various lighting districts are shown in Table 1.

(4) Parking areas in District 4 shall not be illuminated unless there exist specific hazardous conditions that make illumination necessary. In such cases, the lighting shall meet the standards for District 3.

Table 1: Parking Lot Lighting Standards
	District 1	District 2	District 3	District 4
	MUN and MUU Districts	NO and NC Districts	R-20, R-30, PROS and GC Districts	R-4, R-4-C, R-6, R-8 and R-10-TCD Districts
Mounting Height (Maximum)*	25 ft.	20 ft.	20 ft.	Lighting Discouraged
Minimum Illumination Level (at darkest spot on the parking area)	No less than 0.3 fc No more than 0.5 fc	No less than 0.2 fc No more than 0.3 fc	No less than 0.2 fc No more than 0.3 fc	Lighting Discouraged
Uniformity Ratio **	4:1	4:1	4:1	Lighting Discouraged
Minimum CRI***	20	65	70	Lighting Discouraged

* Mounting height is the vertical distance between the surface being illuminated and the bottom of the lighting fixture.

** Uniformity ratio is the ratio of average illumination to minimum illumination.

*** CRI is the Color Rendering Index.

(d) Lighting of Service Station/Convenience Store Aprons and Canopies. Lighting levels on service station/convenience store aprons and under canopies shall be adequate to facilitate the activities taking place in such locations. Lighting of such areas shall not be used to attract attention to the businesses. Signs allowed under Chapter 22.26 FMC shall be used for that purpose.

(1) Areas on the apron away from the fuel pump islands used for parking or vehicle storage shall be illuminated in accordance with the requirements for parking areas in subsection (c) of this section. If no fuel pumps are provided, the entire apron shall be treated as a parking area.

(2) Areas around the pump islands and under canopies shall be illuminated so that the minimum horizontal illuminance at grade level is at least one foot-candle and no more than five and one-half foot-candles. The uniformity ratio (ratio of average to minimum illuminance) shall be no greater than four to one, which yields an average illumination level of no more than 22 foot-candles.

(3) Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85 degrees from vertical, as shown in the figure below.

(4) As an alternative (or supplement) to recessed ceiling lights, indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. In this case light fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy.

(5) Lights shall not be mounted on the top or sides (fascias) of the canopy, and the sides (fascias) of the canopy shall not be illuminated.

(e) Lighting of Exterior Display/Sales Areas. Lighting levels on exterior display/sales areas shall be adequate to facilitate the activities taking place in such locations. Lighting of such areas shall not be used to attract attention to the businesses. Signs allowed under Chapter 22.26 FMC shall be used for that purpose. The applicant shall designate areas to be considered display/sales areas and areas to be used as parking or passive vehicle storage areas. This designation must be approved by the hearing examiner or director.

(1) Areas designated as parking or passive vehicle storage areas shall be illuminated in accordance with the requirements for parking areas in subsection (c) of this section.

(2) Areas designated as exterior display/sales areas shall be illuminated so that the average horizontal illuminance at grade level is no more than five foot-candles. The uniformity ratio (ratio of average to minimum illuminance) shall be no greater than four to one. The average and minimum shall be computed for only that area designated as exterior display/sales area.

(3) Light fixtures shall meet the IESNA definition of cut-off fixtures, and shall be located, mounted, aimed, and shielded so that direct light is not cast onto adjacent streets or properties.

(4) Fixtures shall be mounted no more than 25 feet above grade, and mounting poles shall be located either inside the illuminated area or no more than 10 feet away from the outside edge of the illuminated area.

(f) Lighting of Outdoor Performance or Sports. Outdoor nighttime performance events (concerts, athletic contests, etc.) have unique lighting needs. Illumination levels vary, depending on the nature of the event. The regulations in this section are intended to allow adequate lighting for such events while minimizing sky glow, reducing glare and unwanted illumination of surrounding streets and properties, and reducing energy consumption.

(1) Design Plan. A lighting design plan shall be submitted that shows in detail the proposed lighting installation. The design plan shall include a discussion of the lighting requirements of various areas and how those requirements will be met.

(2) Dual System. The main lighting of the event (spotlighting or floodlighting, etc.) shall be turned off no more than 45 minutes after the end of the event. A low-level lighting system shall be installed to facilitate patrons leaving the facility, cleanup, nighttime maintenance, etc. The low-level lighting system shall provide an average horizontal illumination level, at grade level, of no more than three foot-candles with a uniformity ratio (average to minimum) not exceeding four to one.

(3) Primary Playing Areas. Where playing fields or other special activity areas are to be illuminated, lighting fixtures shall be specified, mounted, and aimed so that their beams fall within the primary playing area and immediate surroundings, and so that no direct illumination is directed off the site.

(4) Parking Areas. Lighting for parking areas shall meet the requirements in subsection (c) of this section.

(5) Pedestrian Areas. Areas intended solely for pedestrian circulation shall be provided with a minimum level of illumination of no less than 0.1 foot-candles and no more than 0.2 foot-candles. A uniformity ratio of average illumination to minimum illumination shall not exceed four to one.

(6) Security Lighting. Security lighting shall meet the requirements in subsection (g) of this section.

(g) Security Lighting. The purpose of and need for security lighting (i.e., lighting for safety of persons and property) must be demonstrated as part of an overall security plan that includes at least illumination, surveillance, and response, and that delineates the area to be illuminated for security purposes. To the extent that the designated area is illuminated for other purposes, independent security lighting installations will be discouraged.

(1) In addition to the application materials required in subsection (b) of this section, applications for security lighting installations shall include a written description of the need for and purposes of the security lighting, a site plan showing the area to be secured and the location of all security lighting fixtures, specifications of all fixtures, the horizontal and vertical angles in which light will be directed, and adequate cross-sections showing how light will be directed only onto the area to be secured.

(2) All security lighting fixtures shall be shielded and aimed so that illumination is directed only to the designated area and not cast on other areas. In no case shall lighting be directed above a horizontal plane through the top of the lighting fixture, and the fixture shall include shields that prevent the light source or lens from being visible from adjacent properties and roadways. The use of general floodlighting fixtures shall be discouraged.

(3) Security lighting may illuminate vertical surfaces (e.g., building facade and walls) up to a level eight feet above grade or eight feet above the bottoms of doorways or entries, whichever is greater.

(4) Security lighting fixtures may be mounted on poles located no more than 10 feet from the perimeter of the designated secure area.

(5) Security lights intended to illuminate a perimeter (such as a fence line) shall include motion sensors and be designed to be off unless triggered by an intruder located within five feet of the perimeter.

(6) Security lighting standards in the various lighting districts are as shown in Table 2.

(7) Security lighting shall be allowed in District 4 areas only if unusual hazardous conditions make it necessary. In such cases, indirect and reflected lighting techniques shall be used to provide soft lighting under canopies, entry porches, or soffits. Lighting levels shall not exceed the standards established for District 3.

Table 2: Security Lighting Standards
	District 1	District 2	District 3	District 4
	MUN and MUU Districts	NO and NC Districts	R-20, R-30, PROS and GC Districts	R-4, R-4-C, R-6, R-8 and R-10-TCD Districts
Mounting Height (Maximum)*	25 ft.	20 ft.	20 ft.	Discouraged
Average Horizontal Illumination Level on Ground	No more than 1.5 foot-candles	No more than 1.0 foot-candle	No more than 0.5 foot-candle	Discouraged
Average Illumination Level on Vertical Surface	No more than 1.5 foot-candles	No more than 1.0 foot-candle	No more than 0.5 foot-candle	Discouraged
Minimum CRI**	20	65	70	Discouraged

* Mounting height is the vertical distance between the surface being illuminated and the bottom of the lighting fixture.

** CRI is the Color Rendering Index.

(h) Lighting of Building Facades and Landscaping. With the exception of structures having exceptional symbolic (i.e., churches and/or public buildings) or historic significance in the community, exterior building facades shall not be illuminated.

When buildings having symbolic or historic significance are to be illuminated, a design for the illumination shall be approved by the hearing examiner or director and the following provisions shall be met:

(1) The maximum illumination on any vertical surface or angular roof surface shall not exceed five foot-candles.

(2) Lighting fixtures shall be carefully located, aimed, and shielded so that light is directed only onto the building facade. Lighting fixtures shall not be directed toward adjacent streets or roads.

(3) Lighting fixtures mounted on the building and designed to “wash” the facade with light are preferred.

(4) To the extent practicable, lighting fixtures shall be directed downward (i.e., below the horizontal) rather than upward.

(5) When landscaping is to be illuminated, the hearing examiner or director shall first approve a landscape lighting plan that presents the purpose and objective of the lighting, shows the location of all lighting fixtures and what landscaping each is to illuminate, and demonstrates that the installation will not generate excessive light levels, cause glare, or direct light beyond the landscaping into the night sky.

(i) Illuminated Signs. See lighting standards in FMC 22.26.012.

(j) Lighting of Walkways/Bikeways and Parks. Where special lighting is to be provided for walkways, bikeways, or parks, the following requirements shall apply:

(1) The walkway, pathway, or ground area shall be illuminated to a level of at least 0.3 foot-candles and no more than 0.5 foot-candles.

(2) The vertical illumination levels at a height of five feet above grade shall be at least 0.3 and no more than 0.5 foot-candles.

(3) Lighting fixtures shall be designed to direct light downward, and light sources shall have an initial output of no more than 1,000 lumens.

(4) In general, lighting shall be consistent with the guidelines presented in the IESNA Lighting Handbook, Eighth Edition.

(k) General Street Lighting Standards. (Reserved).

(l) Technological Change. The technology used in outdoor lighting applications is ever evolving in terms of efficiency, effectiveness, and other performance aspects. While the intent, goals, and objectives of this section remain constant, standards may become dated over time as lighting technology advances. Therefore, the hearing examiner or director, as appropriate, may exercise discretion in making determinations that will achieve equivalent lighting performance through the application of updated technology when codified standards become outdated. (Ord. 1667 § 22, 2020; Ord. 1562 § 41, 2015; Ord. 1322 § 3, 2003; Ord. 1311 § 30, 2002; Ord. 1246 § 15, 2000).

22.58.019 Social card games.

The operation or conduct of social card games as defined by RCW 9.46.0282 is prohibited within the city of Fircrest. However, bona fide, charitable, or nonprofit organizations may operate or conduct social card games pursuant to RCW 9.46.0311. (Ord. 1246 § 15, 2000).

22.58.020 Development agreement.

(a) Hearing Examiner and City Council Authority. The hearing examiner is hereby authorized to conduct a public hearing for the consideration of a development agreement subject to RCW 36.70B.170 through 36.70B.200. The hearing examiner shall transmit its recommendations on the proposed agreement to the city council. The city council is hereby authorized to approve, approve with conditions, or deny a proposed development agreement after considering the hearing examiner’s recommendations at a closed record hearing.

(b) Application. Development agreement applications must be submitted on forms provided by the director. The director may require any additional information necessary in order for the city to adequately review the proposed agreement.

(c) Required Findings. In addition to any required findings for the underlying action, the city council must be able to find that a development agreement:

(1) Bears a substantial relationship to the public health, safety, morals and welfare;

(2) Is consistent with the city’s development regulations; and

(3) Is consistent with the city’s comprehensive plan. (Ord. 1638 § 26, 2019; Ord. 1246 § 15, 2000).

22.58.021 Voluntary agreement.

(a) An applicant may enter into a voluntary agreement with the city to allow a payment in lieu of dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat. The voluntary agreement shall not be used for open space required to be in buffer yards, stormwater facilities, sensitive area management tracts, wetland buffers, required landscaping or any other open space required to be on-site.

(b) Payment Calculations and Provisions.

(1) Calculation for Payment in Lieu of Land Dedication. The payment in lieu of dedication of land shall be calculated based on the assessed land value of the entire property within the proposed development, subdivision, or plat. The assessed land value shall be the amount on record with the Pierce County assessor’s office on the date when a complete project permit application is received by the director or the calendar year of final subdivision or plat approval. The payment shall be calculated by multiplying the percentage of total land that would have been dedicated by the applicant times the above mentioned assessed land value.

(2) Calculation for Payment in Lieu of Mitigation. The payment in lieu of mitigation shall be based on the actual cost of the proposed mitigation. The applicant shall submit a cost estimate for the proposed mitigation to the director for review and approval. The director may rely on other cost estimates or information if the applicant’s estimate is not acceptable.

(3) Payment Provisions. The voluntary agreement is subject to the following provisions:

(A) The payment shall be received by the city prior to the issuance of a project permit or approval of a final subdivision or plat.

(B) The payment shall be held in a reserve account and may only be expended to fund a purchase or improvement of open space within 3,000 feet of the perimeter of the project site or expansion or improvement to a citywide park.

(D) Any payment not so expended shall be refunded with interest at the rate applied to judgements to the property owners of record at the time of the refund. However, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest. (Ord. 1246 § 15, 2000).

22.58.022 Siting of essential public facilities.

The purpose of this section is to establish and describe the city’s process for identifying and siting essential public facilities. Essential public facilities include but are not limited to those facilities that are difficult to site, such as airports, state educational facilities, state and regional transportation facilities, state and local correctional facilities, solid waste handling facilities and in-patient facilities (including substance abuse, mental health and group home facilities). The Growth Management Act mandates that no local development regulation may preclude the siting of essential public facilities.

(a) Identification. The city recognizes the list of essential state public facilities, which is maintained and updated by the State Office of Financial Management. The director is authorized to determine if any additional proposed use within the city is an essential public facility.

(b) Siting. If an essential public facility is listed as either a permitted or conditional use within a zoning district, the use is restricted to those zoning districts. If an essential public facility is not expressly listed as either a permitted or conditional use within a zoning district, then the use shall be restricted to the Community Commercial zoning district. Essential public facilities that are not expressly listed within a zoning district are subject to a conditional use permit. All essential public facilities requiring a conditional use permit shall be subject to the additional requirements below:

(1) The federal, state, regional or local agency (applicant) shall provide a justifiable need for the public facility and for its location within Fircrest.

(2) The applicant shall provide a site selection analysis consisting of at least three proposed sites, one of which must be located outside of the Fircrest city limits. The applicant shall identify the reasons for the proposed site being more desirable than the other two identified sites.

(3) Based on the potential impact to the health, safety, morals and general welfare of the citizens of Fircrest, the planning commission may require a proposed facility to be located a sufficient distance from any residential district, residential use, park, children’s school or day-care facility to mitigate the impact.

(4) The applicant shall provide a list and description of other similar facilities within Pierce County. At a minimum, each such description shall include the address, contact person, telephone number, size, scope and resident population (if any) of the other similar facilities. The planning commission may consider the fair distribution of similar essential public capital facilities within Pierce County. Fair distribution shall be based on a per capita analysis of Pierce County jurisdictions. If Fircrest is presently exceeding its fair share of such a facility, the planning commission may deny the request if the rationale for selecting Fircrest over another location is not a compelling one. (Ord. 1311 § 31, 2002; Ord. 1246 § 15, 2000).

22.58.023 Nonconforming lots, uses and structures.

(a) Application. The provisions of this section shall apply to uses and structures which become nonconforming as a result of the application of this title to them, or from classification or reclassification of a property under this title or any subsequent amendments thereto.

(b) Continuation of Nonconforming Uses and Structures. Any lawful use of land and/or building or structure existing, under construction, or for which a building or use permit has been granted and was still in force at the time this title became effective may be continued, even though the use does not conform to the provisions of the district in which it is located, subject to the following conditions:

(1) Enlargement. No building, structure or land that is nonconforming by reason of use shall be enlarged or expanded; provided, that normal upkeep, repairing and maintenance of nonconforming buildings and structures are permitted outright, provided the activities do not increase the nonconformity of the buildings or structures.

(2) Replacement. Any building or structure nonconforming by reason of use which has been damaged or destroyed by fire, earthquake, flood, wind or other disaster may be restored and the occupancy or use of the building, structure or part thereof which existed at the time of damage or destruction may be continued subject to all provisions of this title, but the restoration of the nonconforming building or structure shall not serve to extend or increase the nonconformance of the original building, structure or use. Any reconstruction authorized by this section shall commence within one year of the damage and shall be substantially completed within 18 months of the date the damage occurred.

(3) Vacation. If any nonconforming use of land and/or building or structure is vacated for a period of one year, nonconforming rights shall automatically terminate and any future use of the land and/or building or structure shall conform to the zoning district in which it is located. Notwithstanding this one-year automatic termination, vacation may also be deemed to be an act or failure to act on the part of the property owner which indicates an intention that the property owner does not claim or retain any interest in the right to the nonconforming use.

(4) Structural Alteration – Enlargement of Nonconforming Building or Structure. A building or structure which is nonconforming only by reason of substandard yard or height may be structurally enlarged, provided the enlargement does not increase the nonconformance, and further provided the enlarged building or structure conforms with bulk regulations relating to lot coverage or impervious surface coverage.

(5) Structural Alteration – Replacement of Nonconforming Building or Structure. A building or structure which is nonconforming by reason of substandard yard, height, lot coverage, impervious surface coverage, or other bulk regulation may be restored or rebuilt as it originally existed upon the original foundation and perimeter, if it is damaged or destroyed by fire, earthquake, flood, wind or other natural disaster. Enlargement of the building or structure from the original design may occur in accordance with subsection (b)(4) of this section.

(6) Structural Alteration – Repair of Nonconforming Building or Structure. A building or structure which is nonconforming by reason of substandard yard, height, lot coverage, impervious surface coverage, or other bulk regulation may be repaired or restored to its original or comparable condition and design. Modifications to the original design of the building or structure may occur in accordance with subsection (b)(4) of this section.

(7) Change of Conforming Use. Whenever a nonconforming use has been changed to a conforming use, it shall not revert to the same or different nonconforming use.

(8) Change of Ownership. Change of ownership, tenancy or management of a nonconforming use shall not affect its legal, nonconforming status.

(9) Annexation Resulting in Nonconformity. Any lawfully existing use of land or building or structure located in an unincorporated area which, through annexation, becomes nonconforming shall be deemed a legal, nonconforming use, building or structure. (Ord. 1611 § 17, 2018; Ord. 1246 § 15, 2000).

22.58.024 Outdoor storage of vehicles.

(a) Outdoor Storage of Vehicles. The outdoor storage of vehicles or parts thereof is permitted in a residential district for a period not to exceed six days. Outdoor storage for a period exceeding six days is permitted in a residential zoning district, subject to the following provisions:

(1) The outdoor storage of no more than three inoperable vehicles and vehicle parts is permitted when they are screened from neighboring properties and the public right-of-way by a solid fence or approved landscaping. Storage of inoperable vehicles is prohibited in required front or side yard setback areas. Open or unscreened storage of inoperable vehicles is permitted for a 14-day period while a vehicle is undergoing or awaiting repairs.

(2) In no event shall any outdoor storage of commercial vehicles in excess of 10,000 GVW be permitted.

(3) Approved landscaping is defined as follows:

(A) Vegetative Screen. The approved landscaping must consist of: evergreen shrubs, at a rate of one per five lineal feet of landscape strip; or closely spaced evergreen trees, at a rate of one per eight lineal feet of landscape strip, or a combination of the two in separate sections. The screen may consist of either overlapping clusters or a solid row of material. If overlapping clusters are used, the overlap should be at least one-half plant width. Spacing shall be as follows: evergreen trees for the landscape screen at no greater than eight feet on center, with no more than 10 feet on center between cluster; shrubs for the landscape screen shall be no greater than five feet on center, with no greater than seven feet on center between clusters. Vegetative screening materials shall have a minimum mature height of six feet. Installation of vegetative ground cover is encouraged but not required within the planting area; or

(B) Berm. The approved landscaping must consist of an earthen berm a minimum of four feet high, measured from street curb or the crown of the adjacent paved way for road frontages or existing grade for interior lot lines. Vegetative groundcover shall cover a minimum of 50 percent of the landscape strip area at maturity. Berms less than six feet in height shall be planted with evergreen shrubs, at a rate of one per four lineal feet of landscape strip, to a mature height equal to or greater than six-foot high berm. The screen may consist of either overlapping groupings or a solid row of material. If overlapping groupings are used, the overlap should be at least one-half plant width. Shrub spacing shall be no greater than four feet on center, with no greater than six feet on center between groupings; and

(C) Canopy Vegetation. In addition to the requirements of subsection (a)(3)(A) of this section, Vegetative Screen, and subsection (a)(3)(B) of this section, Berm, trees, at a rate of one per 25 lineal feet of lot line, shall be interspersed throughout the landscape strip in groupings or uniform rows. Spacing shall be no greater than 25 feet on center with uniform spacing or 50 feet on center between groupings. Minimum mature height shall be 20 feet;

(D) Screen Width. All approved landscaping shall be located adjacent to the lot line with no required vegetation located greater than 30 feet from the lot line. No buildings or impervious surfaces, with the exception of pedestrian walks connecting the site to adjacent property, shall be located between the interior edge of the screen width and the lot line.

(b) Outdoor Storage of Boats and Nonmotorized Recreation Vehicles. The outdoor storage of boats or nonmotorized recreation vehicles is permitted in a residential zoning district, subject to the following provisions:

(1) Nonmotorized recreation vehicles include, but are not limited to, camper trailers, tent trailers, and boat and recreation vehicle trailers. Nonmotorized recreation vehicles do not include bicycles and similar sports equipment.

(2) The combined limit on the number of boats and nonmotorized recreational vehicles that may be stored on a parcel is two, except as permitted in subsection (b)(3) of this section. A boat on a trailer shall be counted as one boat.

(3) Outdoor storage of additional boats and/or nonmotorized recreation vehicles shall be screened from neighboring properties and the public right-of-way by a solid fence or approved landscaping as defined in subsection (a)(3) of this section. Storage of additional vehicles is prohibited in required front or side yard setbacks. (Ord. 1246 § 15, 2000).

22.58.025 Electric vehicle charging stations.

To ensure an effective installation of electric vehicle charging stations, the regulations in this section provide a framework when a private property owner chooses to provide electric vehicle charging stations.

(a) Allowed Uses per Zoning District. The following table establishes the permitted uses:

	Residential (R-4, R-4-C, R-6, R-8, R-10-TCD, R-20, and R-30)	Recreation (PROS and GC)	Commercial and Mixed-Use (NC, MUN and MUU)	Commercial (NO)
EV Charging Station1	P	P	P	P
Rapid Charging Station2	–	–	P	P
Battery Exchange Station	–	–	P	–

P: Allowed only as an accessory to an outright permitted or conditional use.

Absence of P: Use is not permitted in that district.

1: Level 1 and Level 2 charging only.

2: Level 3 and fast charging are used interchangeably.

(b) For all parking lots or garages located in nonresidential districts:

(1) Number. No minimum number of charging station spaces is required.

(2) Minimum Parking Requirements. An electric vehicle charging station space may be included in the calculation for minimum required parking spaces that are required pursuant to other provisions of code.

(3) Location and Design Criteria. The provision of electric vehicle parking will vary based on the design and use of the primary parking lot. The following required and additional locational and design criteria are provided in recognition of the various parking lot layout options:

(A) Where provided, parking for electric vehicle charging purposes is required to include the following:

(i) Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow-away provisions are to be enforced.

(ii) Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.

(iii) Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment shall be located so as not to interfere with accessibility requirements of WAC 51-50-005.

(iv) Lighting. Where charging station equipment is installed, adequate site lighting shall exist, unless charging is for daytime purposes only.

(B) Parking for electric vehicles should also consider the following:

(i) Notification. Information on the charging station, identifying voltage and amperage levels and any time of use, fees, or safety information.

(ii) Signage. Installation of directional signs at the parking lot entrance and at appropriate decision points to effectively guide motorists to the charging station space(s).

(c) Where electric vehicle charging stations are provided in parking lots or parking garages, accessible electric vehicle charging stations shall be provided as follows:

(1) Accessible electric vehicle charging stations shall be provided in the ratios shown on the following table:

Number of EV Charging Stations	Minimum Accessible EV Charging Stations
1 – 50	1
51 – 100	2
101 – 150	3

(2) Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons. Below are two options for providing for accessible electric vehicle charging stations:

Figure: Off-Street Accessible Electric Vehicle Charging Station – Option 1

Figure: Off-Street Accessible Electric Vehicle Charging Station – Option 2

(d) Signage, Directional. Off-street parking lot or parking garage:

12" x 12"

12" x 6"

(e) Off-Street EV Parking – Parking Space with Charging Station Equipment.

12" x 18"

(Ord. 1667 § 23, 2020; Ord. 1562 § 42, 2015; Ord. 1509 § 13, 2011).

22.58.026 Floor area ratio (FAR) standards.

(a) The intent of FAR standards is to ensure the size of detached single family dwellings will be scaled proportionally to the size of the lots on which they are situated so that new infill development will be generally consistent in scale and proportion with previously constructed homes and neighborhoods in the city. FAR standards should be used in conjunction with other bulk requirements and design standards and guidelines to be effective in achieving this intent.

(b) FAR is the ratio of the total floor area of buildings on a site to the size of the land at that location. FAR is the total building square footage divided by the total site area square footage, except as noted below.

(1) Attic floor area with less than five feet of ceiling height, as measured between the finished floor and the supporting members for the roof, and attics with structural roof trusses and usable attic space that is completely contained within the roof area (excluding dormers).

(2) Basement floor area with a ceiling height less than four feet above the finished grade, as defined in FMC 22.98.321. Ceiling height will be measured to the top of the structural members of the floor above.

(3) The first 600 square feet of detached accessory building floor area on a lot.

(4) Uncovered and covered decks, porches, and walkways.

(d) Floor area with a ceiling height greater than 16 feet shall be calculated at twice the actual floor area toward allowable FAR.

(e) FAR is calculated using a site’s buildable area, excluding critical areas and their required associated buffers. (Ord. 5162 § 43, 2015).

22.58.027 Cottage housing.

(a) Purpose and Intent. The provisions of this section are available as alternatives to the development of typical detached single-family homes. In the event of a conflict between the standards in this section and other standards in this title, the standards in this section shall control. These standards are intended to address the changing composition of households and the need for smaller, more diverse, and, often, more affordable housing choices. Providing for a variety of housing types also encourages innovation and diversity in housing design and site development, while ensuring compatibility with surrounding single-family residential development. These provisions support the growth management goal of more efficient use of urban residential land.

(b) Housing Types Defined. The following definitions apply to the housing types allowed through the provisions in this section:

(1) “Cottage” means a detached, single-family dwelling unit containing 1,500 square feet or less of gross floor area.

(2) “Carriage unit” means a single-family dwelling unit, not to exceed 800 square feet in gross floor area, located above a garage structure in a cottage housing development.

(3) “Two-/three-unit home” means a structure containing two dwelling units or three dwelling units, not exceeding 1,000 square feet per unit on average, designed to look like a detached single-family home.

(c) Applicable Use Zones. Cottages, carriage units and two-/three-unit homes as described in this section may be located in the R-4-C, GC and MUN zones.

(d) Parameters for Cottages, Carriage Units and Two-/Three-Unit Homes.

(1) Cottage.

Unit Size	Maximum: 1,500 square feet, excluding garage. Cottages may not exceed 1,000 square feet on the main floor. Any additions or increases in unit sizes after initial construction shall be subject to compliance with all cottage housing development standards.
Maximum Density	8 units per acre.
Minimum Lot Size	None. Lot sizes shall be determined through administrative design review process.
Maximum Floor Area Ratio (FAR)	0.35. FAR is calculated using a site’s buildable area, including private street area and excluding critical areas and their required associated buffers. FAR for individual lots may vary. See FMC 22.58.026 for FAR standards.
Development Size1	Minimum: 6 units. Maximum: 24 units. Minimum cluster size: 6 units. Maximum cluster size: 12 units. Cottage clusters may be integrated into small lot developments where the combined number of cottage and small lot units may exceed 24.
Minimum Setback for Yards Abutting the Exterior Boundary of the Development	See underlying zoning district. Required setbacks for yards not abutting an exterior boundary shall be determined through the administrative design review process.
Maximum Impervious Surface Coverage	50%. Coverage is calculated using a cottage housing site’s entire buildable area, including private street area and excluding critical areas and their required associated buffers.
Maximum Height for Dwellings	27 feet (where minimum roof slope of 6:12 for all parts of the roof above 18 feet is provided). Otherwise, 18 feet.
Maximum Height for Accessory Structures	One story, not to exceed 18 feet.
Maximum Developable Slope	15%
Open Space	400 square feet common open space required per unit. 300 square feet private open space required per unit. See subsections (e)(2) and (3) of this section.
Community Buildings	At least one community building shall be provided. See subsection (e)(4) of this section.
Attached Covered Porches	Each unit must have a covered porch with a minimum area of 64 square feet and a minimum dimension of 8 feet.
Parking Requirements	Units ≤ 800 square feet: 1 space per unit minimum. Units > 800 square feet: 1.5 spaces per unit minimum. Must be provided on the subject property. Additional shared guest parking may not exceed 0.5 spaces per unit.
Garage Requirements	Private garages: 250-square-foot maximum floor area. Shared garages: 1,200-square-foot maximum floor area. Front loaded garages shall be recessed ≥10 feet from the front facade of the cottage and their visual impact shall be minimized through the use of architectural design elements.
Driveway Requirements	Driveways providing access to front loaded garages shall consist of paved runner strips or pervious surfacing approved by the city.
Accessory Dwelling Units (ADUs)	Not permitted as part of a cottage housing development.
Development Options	Subdivision, condominium, rental or ownership.
Review Process	Administrative design review. See Chapter 22.66 FMC.

1 Cluster size is intended to encourage a sense of community among residents. Homes within a cluster generally orient toward each other, community open space, or pathways and are not separated by roads or critical areas. A development site may contain more than one cluster provided there is a clear separation between clusters. Clusters shall be connected via pedestrian pathway(s).

(2) Carriage Unit.

Unit Size	Maximum 800 square feet.
Maximum Density	8 units per acre for all cottages, carriage units, and two-/three-unit homes located within a cottage housing development. The number of carriage units and two-/three-unit homes combined shall not exceed 20% of the total number of units in a cottage housing project. Carriage units are allowed only when included in a cottage housing project.
Minimum Lot Size	None. Determined through administrative design review process.
Maximum Floor Area Ratio (FAR)	0.35. FAR is calculated using a cottage housing site’s buildable area, including private street area and excluding critical areas and their required associated buffers. See FMC 22.58.026 for FAR standards.
Minimum Setback for Yards Abutting the Exterior Boundary of the Development	See underlying zoning district. Required setbacks for yards not abutting an exterior boundary shall be determined through the administrative design review process.
Maximum Height	18 feet.
Maximum Developable Slope	15%
Parking Requirements	1 space per unit minimum. Must be provided on the subject property. Additional shared guest parking may not exceed 0.5 spaces per carriage unit.
Garage Requirements	Carriage units allowed only above detached shared garages, which shall not exceed a 1,200-square-foot maximum footprint area.
Review Process	Administrative design review. See Chapter 22.66 FMC.

(3) Two-/Three-Unit Home.

Unit Size	Average unit size: 1,000 square feet, excluding garage. Maximum structure total floor area: two-unit: 2,000 square feet, excluding garages. Three-unit: 3,000 square feet, excluding garages.
Maximum Density	8 units per acre for all cottages, carriage units, and two-/three-unit homes located within a cottage housing development. The number of carriage units and two-/three-unit homes combined shall not exceed 20% of the total number of units in a cottage housing project. Carriage units are allowed only when included in a cottage housing project.
Minimum Lot Size	None. Determined through administrative design review process.
Maximum Floor Area Ratio (FAR)	0.35. FAR is calculated using a cottage housing site’s buildable area, including private street area and excluding critical areas and their required associated buffers. See FMC 22.58.026 for FAR standards.
Minimum Setback for Yards Abutting the Exterior Boundary of the Development	See underlying zoning district. Required setbacks for yards not abutting an exterior boundary shall be determined through the administrative design review process.
Maximum Height	27 feet (where minimum roof slope of 6:12 for all parts of the roof above 18 feet is provided). Otherwise, 18 feet.
Parking Requirements	Units ≤ 800 square feet: 1 space per unit minimum. Units > 800 square feet: 1.5 spaces per unit minimum. Must be provided on the subject property. Additional shared guest parking may not exceed 0.5 spaces per unit.
Garage Requirements	A two-unit home may include attached or detached garages, not to exceed an additional 500 square feet combined. A three-unit home may include attached or detached garages, not to exceed an additional 750 square feet combined. Front loaded attached garages shall be recessed ≥10 feet from the front facade of the principal structure and their visual impact shall be minimized through the use of architectural design elements. No more than three single garage doors may be visible on any facade.
Driveway Requirements	Driveways providing access to front loaded garages shall consist of paved runner strips or pervious surfacing approved by the city.
Development Options	Subdivision, condominium, rental or ownership.
Review Process	Administrative design review. See Chapter 22.66 FMC.

(e) Design Standards and Guidelines.

(1) Orientation of Dwelling Units. Dwellings within a cottage housing development should be oriented to promote a sense of community, both within the development and, with respect to the larger community, outside of the cottage project. A cottage housing development should not be designed to “turn its back” on the surrounding neighborhood.

(A) Each dwelling unit shall have a primary entry and/or covered porch oriented to the common open space or pathway connecting to the common open space.

(B) Each dwelling unit abutting a public right-of-way (not including alleys) shall have an inviting facade, such as a primary or secondary entrance or porch, oriented to the public right-of-way. If a dwelling unit abuts more than one public right-of-way, the city shall determine to which right-of-way the inviting facade shall be oriented.

(C) Each dwelling unit abutting a public right-of-way (not including alleys) shall incorporate facade modulation, windows, and roofline variations to avoid blank walls that orient to the public right-of-way.

(2) Required Common Open Space. Common open space shall provide a sense of openness, visual relief, and community for cottage developments. The space must be located outside of critical areas and their buffers and developed and maintained to provide for passive and/or active recreational activities for the residents of the development.

(A) Each area of common open space shall be in one contiguous and usable piece with a minimum dimension of 20 feet on all sides.

(B) Land located between dwelling units and an abutting right-of-way or access easement may not serve as required common open space, unless the area is reserved as a separate tract, and does not contain pathways leading to individual units or other elements that detract from its appearance and function as a shared space for all residents.

(D) Common open space shall be located in a centrally located area and be easily accessible, physically and visually, to all dwellings within the cottage cluster.

(E) Sight-obscuring privacy fences that discourage interaction between neighbors may not be located within required open space areas. If fences are used to enclose common open space, they shall have at least 50 percent visually permeable elements, such as pickets, cedar split rails, iron work, or trellis treatment, and shall not exceed two feet in height.

(F) Landscaping located in common open space areas shall be designed to allow for easy access and use of the space by all residents, and to facilitate maintenance needs. Existing mature trees should be retained in accordance with FMC 22.62.009.

(G) Unless the shape or topography of the site precludes the ability to locate units adjacent to the common open space, the following standards must be met:

(i) The open space shall be located so that it will be surrounded by cottages or common buildings on at least three sides when located in a bungalow court configuration, or two sides when located in a rosewalk configuration, per form-based standards adopted pursuant to Chapter 22.57 FMC;

(ii) At least 50 percent of the units in the development shall abut a common open space. A cottage is considered to “abut” an area of open space if there is no structure, road or critical area between the unit and the open space.

(H) Surface water management facilities shall be limited within common open space areas. Low impact development (LID) features are permitted, provided they do not adversely impact access to or use of the common open space for a variety of activities. Conventional stormwater collection and conveyance tools, such as flow control and/or water quality vaults, are permitted if located underground.

(3) Private Open Space.

(A) Each cottage unit shall have a covered porch with a minimum area of 64 square feet per unit and a minimum dimension of eight feet on all sides. Porches shall be associated with primary point of entry.

(B) Each carriage unit shall have a deck or balcony, oriented toward the common open space.

(C) In addition to porches, at least 300 square feet of private, contiguous, usable open space adjacent to each individual dwelling unit shall be provided to contribute positively to the visual appearance of the development, promote diversity in planting materials, and utilize generally accepted good landscape design. The private open space shall be oriented toward the common open space to the extent possible and have no dimension less than 10 feet. The private open space shall define private residences from common areas, trails, and parking areas. If fences are used to enclose private open space, they shall have at least 50 percent visually permeable elements through the use of pickets, cedar split rails, iron work, or trellis treatment, and shall not exceed two feet in height.

(4) Community Buildings. At least one community building is required for each cottage development.

(A) Community buildings shall be at least 500 square feet on the main floor and shall have an architectural character similar to that of the dwelling units.

(B) Building height for community buildings shall not exceed the height standard for cottages.

(D) Community buildings must be located on the same site as the cottage housing development and be commonly owned by the residents.

(5) Shared Detached Garages and Surface Parking Design. Parking areas should be located so their visual presence is minimized, and associated noise or other impacts are minimized, both within and outside the development. These areas should also maintain the single-family character along public streets.

(A) Shared detached garage structures may not exceed four single garage doors per building, and a total of 1,200 square feet. Carriage units are preferred above these garage structures.

(B) For shared detached garages, the design of the structure must be similar to and compatible with that of the dwelling units within the development. Garage doors shall be painted to match, or minimize contrast with, the building’s body color in order to minimize their visual impact.

(C) Shared detached garage structures and surface parking areas must be screened from streets and adjacent residential uses by landscaping or architectural screening.

(D) Shared detached garage structures shall be reserved through a covenant for the parking of vehicles owned by the residents of the development. Storage of items which preclude the use of the parking spaces for vehicles is prohibited.

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

(F) Carports are not permitted.

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

(A) Preservation of natural hydrology.

(B) Reduced impervious surfaces.

(D) Use of natural topography for drainageways and storage areas.

(E) Preservation of portions of the site in undisturbed, natural conditions.

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

(7) Two-/Three-Unit Homes and Carriage Units within Cottage Projects. Two-/three-unit homes and carriage units may be included within a cottage housing development. Design of these units should be compatible with that of the cottages included in the project.

(8) Variation in Unit Sizes, Building and Site Design. Cottage projects shall establish building and site design that promote variety and visual interest.

(A) Projects shall include a variety of unit sizes within a single development.

(B) Proposals shall provide a variety of building styles, features, colors, and site design elements within a cottage housing development.

(C) Dwellings with a similar combination of features and treatments may be clustered around a shared common open space. Developments containing two or more clusters of cottages shall use distinctively unique exterior finish materials and architectural design elements for each cottage cluster to avoid repetition.

(9) Pedestrian Flow through Development. Pedestrian connections should link all buildings to the public right-of-way, common open space, parking areas and other cottage clusters in the development.

(10) Storage Space. Storage space may be provided as follows:

(A) Detached sheds designed to be similar in character to the cottage units, using similar building materials and design elements.

(B) Storage space within detached parking structures that does not conflict with parking of vehicles in the garages.

(D) Designated storage space attached to a community building that is not counted toward the 500-square-foot minimum area for such buildings.

(E) Other storage space options approved through the administrative site plan review process.

(11) Landscaping. Cottage housing developments shall incorporate a landscape master plan, designed and stamped by a professional landscape architect. The design shall comply with applicable landscape standards and guidelines that address landscape components included in a cottage housing development.

(f) Review Process.

(1) Approval Process. Developments shall be processed under Chapter 22.66 FMC, Administrative Design Review. Public notice for developments proposed through this section shall comply with the provisions of Chapter 22.06 FMC applicable to Type II project permit applications.

(2) Requests for Modifications to Standards. Applicants may request minor modifications to the general parameters and design standards set forth in this section. The director may modify the requirements if all of the following criteria are met:

(A) The site is constrained due to unusual shape, topography, easements, or sensitive areas.

(B) The modification is consistent with the objectives of this section.

(3) Review Criteria. In addition to the criteria established for review of development proposals in FMC 22.66.006, the applicant must demonstrate that:

(A) The proposal is compatible with and is not larger in scale than surrounding development with respect to size of units, building heights, roof forms, setbacks between adjacent buildings and between buildings and perimeter property lines, number of parking spaces, parking location and screening, access and lot coverage.

(B) Any proposed modifications to provisions of this section are important to the success of the proposal as an alternative housing project and are necessary to meet the intent of these regulations.

(g) Additional Standards. The city’s approval of a cottage housing or two-/three-unit home development does not constitute approval of a subdivision, a short plat, or a binding site plan. A lot that has cottage, carriage or two-/three-unit homes may not be subdivided unless all of the requirements of the Fircrest Municipal Code are met. A lot containing a two-/three-unit home may not be subdivided in a manner that results in the dwelling units being located on separate lots. (Ord. 1667 § 24, 2020; Ord. 1562 § 44, 2015).

22.58.028 Lot development standards.

Newly created lots shall be of such shape that a circle with a diameter equal to the minimum lot width specified for the zone in which the lot is located can fit within the boundary of the lot, as shown below:

(Ord. 1562 § 45, 2015).

22.58.029 Establishments serving liquor for on-premises consumption.

(a) Establishments licensed by the State of Washington Liquor and Cannabis Board to serve beer, beer and wine, or spirits, beer and wine for on-premises consumption are permitted in specified zoning districts. Such establishments providing outdoor customer seating are subject to administrative use permit approval in accordance with Chapter 22.70 FMC.

(b) At a minimum, the following performance standards shall apply to establishments serving beer, beer and wine, or spirits, beer and wine for on-premises consumption within the NC district. Additional requirements may be imposed in accordance with Chapter 22.70 FMC for those establishments providing outdoor customer seating in the NC district. Establishments operating out of compliance with the following provisions are subject to enforcement action under Chapter 22.95 FMC:

(1) Hours of Operation. The sale, service, and consumption of alcohol are prohibited after 10:00 p.m.

(2) Outdoor Customer Seating. Outdoor seating may be provided for customer use no later than 8:00 p.m. on Sundays through Thursdays, and no later than 9:00 p.m. on Fridays and Saturdays. Outdoor seating areas shall be closed to customers during other times. A 30-minute grace period is allowed for staff to clean the outdoor premises after customer seating hours have ended. The city may limit the amount of outdoor customer seating to minimize potential impacts on residentially zoned properties.

(3) Speakers. Music or other programming emanating from any outdoor speakers on the premises shall only be allowed during approved outdoor customer seating hours.

Sounds coming from speakers on the premises, whether located inside or outside the building, shall not be audible from residentially zoned properties.

(4) Bottle Handling. Bottles and other trash and recyclable materials shall not be deposited in any exterior refuse or recycling totes, dumpsters, or other receptacles during the hours of 9:00 p.m. to 7:00 a.m.

(5) Exterior Appearance. The business establishment shall maintain the exterior of its premises in a neat and clean condition at all times. All refuse collection containers, including recycling containers, shall be screened in accordance with FMC 22.58.008(d). This provision shall apply to new establishments as well as establishments existing on the effective date of the ordinance codified in this section that expand business operations to include the sale of liquor by the drink for on- premises consumption.

(6) Exterior Lighting. Exterior lighting shall comply with the outdoor lighting regulations in FMC 22.58.018 to ensure that it does not impact nearby properties.

(7) Sidewalk Cafes. A business establishment intending to establish outdoor business seating on a public sidewalk or other public right-of-way area shall comply with the sidewalk cafe regulations in FMC 22.58.017.

(c) The performance standards listed in subsection (b) of this section shall apply to establishments in the MUN and MUU districts serving beer, beer and wine, or spirits, beer and wine for on-premises consumption, except that for subsections (b)(1), (2), and (4) of this section, alternative hours of operation, outdoor customer seating hours, and bottle handling hours may be authorized through the administrative use permit approval process in accordance with Chapter 22.70 FMC. Additional requirements may be imposed in accordance with Chapter 22.70 FMC for those establishments providing outdoor customer seating. (Ord. 1667 § 25, 2020; Ord. 1611 § 18, 2018; Ord. 1568 § 4, 2015).