Chapter 18.50
DEVELOPMENT STANDARDS
Sections:
18.50.045 Day care/adult day care – Type I.
18.50.050 Accessory dwelling units.
18.50.060 Accessory structures and buildings.
18.50.080 Permitted intrusions into required yards.
18.50.085 Permitted height exclusions.
18.50.090 Location of swimming pools.
18.50.110 Temporary use permits.
18.50.120 Keeping household pets.
18.50.130 Collective gardens and dispensaries defined.
18.50.140 Collective gardens prohibited.
18.50.160 Recreational marijuana retailers.
18.50.010 Walls and fences.
A. Fences not more than four feet in height may be constructed across the front of a lot and on the sides back as far as the building line in an RS or RM zone. Back of the building line, fences constructed along the side and rear property lines may be six feet in height. Fences higher than as set out in this subsection may be constructed provided they are located behind the building setback lines.
B. Barbed and razor wire fences and electrified fences are prohibited.
C. Where a fence is located directly on the ground, the height of the fence shall be the vertical distance from the top board, rail or wire to the ground directly below the fence; where a masonry wall is used as a fence, the height shall be the vertical distance from the top surface of the wall to the ground on the high side of the wall.
D. Fences may be placed on a retaining wall; provided that the fence meets the height restriction of this section. For purposes of measuring the allowed height of the fence, the low point shall correspond to the average height of the retaining wall.
E. Any fence exceeding a height of six feet, and any retaining wall exceeding a height of 48 inches shall require a building permit; the provisions and conditions of this section shall not apply to fences required by state law to surround and enclose public utility installations, or to chain link fences enclosing school grounds and public playgrounds. (Ord. 773 § 3, 1999)
18.50.020 Yards.
All front and side yard setback areas must be maintained clear of all buildings. All yards must be free of objectionable litter and refuse and municipal waste. (Ord. 773 § 3, 1999)
18.50.030 Boat moorage.
Private boat moorage or wharfs shall be allowed for the moorage of private pleasure boats of the owner of the property on which the moorage is located in waterfront areas of R zones; provided, that such moorage is in compliance with the city’s shoreline management master program and with the regulations of this title. (Ord. 773 § 3, 1999)
18.50.040 Home occupations.
A. Home occupations shall be carried on entirely within the main residence and shall not exceed 500 square feet of the floor space of the residence.
B. All activities of the occupation must be conducted indoors, with the exception of those occupations related to plants and those uses specified under Chapter 18.54 LFPMC (day care).
C. No more than two persons other than members of the immediate family residing on the premises may operate or be employed in the home occupation.
D. Home occupations shall not be conducted as a retail outlet for tangible goods. Goods shall not be sold or rented on the premises. Display or storage of goods outside of the premises or in a window is prohibited. Uses providing on-site services to customers shall do so by appointment only.
E. Home occupations shall not create traffic, noise, smoke, dust, vapor, odors, vibration, glare, electrical interference, fire hazard or any other hazard or nuisance which is greater or more frequent than that commonly associated with permitted uses within the zoning district.
F. One off-street parking space in addition to that required in LFPMC 18.58.030(4) shall be required for each employee not residing on-site and sufficient off-street parking spaces for uses which provide on-site services and services by appointment to avoid any on-street parking by customers;
G. The occupation may use or store a vehicle used by the occupation provided:
1. No more than one such vehicle is allowed;
2. An off-street parking space shall be provided for the vehicle in addition to those required under subsection F of this section and LFPMC 18.58.030(4);
3. Such vehicle must not exceed a gross vehicle weight of 10,000 pounds.
H. Any use which changes the residential character of the home, including modifications of the site which would suggest a use other than residential, shall not be permitted.
I. Signs advertising home occupations shall not be permitted.
J. A business license for the home occupation issued by the city is required. This business license may not be assigned to another person nor may it be transferred to any other site. (Ord. 962 § 1, 2007; Ord. 773 § 3, 1999)
18.50.045 Day care/adult day care – Type I.
Type I day care nurseries and adult day care facilities are allowed when no more than 12 children or adults are to be cared for at one time, subject to the following provisions:
A. A minimum of one off-street parking space in addition to those required under LFPMC 18.58.030, plus one for each employee on duty.
B. Buildings, structures and landscaping shall be of a character which is appropriate for the area.
C. For day care nurseries, outdoor play areas shall be provided with a minimum of 75 square feet in area for each child using the area at one time, and shall be completely enclosed by a solid barrier such as a berm, wall or fence, with no openings except for gates, and having a minimum height of six feet, to minimize visual and noise impacts and prevent trespassing on adjacent residentially classified properties.
D. The hours of operation may be restricted to assure compatibility with surrounding development. (Ord. 773 § 3, 1999)
18.50.050 Accessory dwelling units.
Accessory dwelling units, as defined by this title, may be permitted on lots of at least 7,200 square feet, and provided they meet the following development criteria:
A. Only one accessory dwelling unit will be permitted per residential lot, except that one attached and one detached accessory dwelling unit may be permitted on lots with an area over one acre (43,560 square feet);
B. The accessory dwelling unit must be subordinate to the main dwelling unit by having a floor area that does not exceed the total floor area of the principal residence or 1,000 square feet, whichever is less;
C. Accessory dwelling units on lots less than 10,000 square feet in area must be attached, except that:
1. On lots with an area between 7,200 and 10,000 square feet, accessory buildings existing as of the adoption date of Ordinance 1235 may be remodeled to include a detached accessory dwelling unit provided that subsection (C)(2) of this section is met;
2. The accessory dwelling unit must meet all other provisions of this chapter and there shall be no increase in the lot coverage or height of the subject accessory building;
D. Accessory dwelling units on lots of 10,000 square feet or greater may be detached or part of an accessory building; provided, however, that the accessory dwelling unit shall meet the requirements of LFPMC 18.50.060;
E. Either the primary residence or the accessory dwelling unit must be owner-occupied;
F. Garage space may be converted to an accessory dwelling unit only if the same number of off-street parking spaces required by the LFPMC are provided elsewhere on the lot;
G. One off-street parking space per accessory dwelling unit, in addition to that required for a single-family dwelling, shall be provided unless the accessory dwelling unit is within one-quarter mile of a major transit stop. Provided, however, that off-street parking spaces may be required even if the accessory dwelling unit is within one-quarter mile of a major transit stop if the director finds the following:
1. The accessory dwelling unit is within an area with a lack of access to on-street parking; or
2. Other evidence that makes on-street parking infeasible for the accessory dwelling unit.
H. The total number of people who may occupy the principal residence and the accessory unit, together, shall not exceed the number of people who may occupy a single-family dwelling. (Ord. 1235 § 2, 2022; Ord. 773 § 3, 1999)
18.50.060 Accessory structures and buildings.
Accessory buildings and structures are permitted uses in single-family dwelling zones, provided:
A. The total combined lot coverage of accessory buildings shall occupy or cover no more than 10 percent of the total area of the lot up to a maximum of 1,000 square feet; provided, that a maximum of 10 percent of the total area of the lot up to 1,500 square feet is allowed if a detached accessory dwelling unit is included in an accessory building on the lot.
B. In no case shall an accessory building have a floor area of more than 1,500 square feet. For the purposes of this provision, “floor area” includes floor area devoted to the parking and storage of motor vehicles.
C. Accessory buildings that do not include an accessory dwelling unit may only be placed in a rear yard.
D. Accessory buildings shall be 10 feet or more from the main buildings.
E. Accessory buildings may be placed no closer than five feet to the rear lot line, excluding accessory dwelling units, which may be placed no closer than 15 feet to the rear property line.
F. Accessory building height shall not exceed 15 feet, except those accessory buildings which include an accessory dwelling unit, which can be up to 25 feet in height; provided, that the building meets all zoning regulations pertaining to the primary or main building. (Ord. 1235 § 3, 2022; Ord. 773 § 3, 1999)
18.50.070 Vision clearance.
A. All corner lots subject to yard requirements shall maintain for safety vision purposes a triangular area, one angle of which shall be formed by the lot front line and the side line separating the lot from the street, and the sides of the triangle forming the corner angle shall each be 15 feet in length measured from the aforementioned angle. The third side of the triangle shall be a straight line connecting the last two mentioned points which are distant 15 feet from the intersection of the lot front and side lines. Within the area comprising the triangle, no tree, fence, shrub or other physical obstruction higher than 42 inches above the established street grade shall be permitted.
B. On lots abutting fully developed urban streets, the city may require modification or removal of structures or landscaping located in required front, rear or side yards, if such improvements prevent adequate driveway entering sight distance to roadways from an adjoining lot or lots, and if no reasonable driveway relocation alternative is feasible. (Ord. 773 § 3, 1999)
18.50.080 Permitted intrusions into required yards.
The following may project into required yards:
A. Eaves, not exceeding 18 inches;
B. Fireplace structures, bay windows, garden windows, enclosed stair landings, closets, framed fireplace shafts, eaves or similar projections not exceeding 18 inches and no more than a total of eight feet measured parallel to the wall of which it is a part;
C. Uncovered porches and platforms which do not extend above the floor level of the first floor – 18 inches into side yards and six feet into the front yard;
D. Planting boxes or masonry planters not exceeding 42 inches in height in any required front yard. (Ord. 773 § 3, 1999)
18.50.085 Permitted height exclusions.
Height is measured to the highest point of the structure, excluding the following:
A. Church steeples;
B. Elevator penthouses, not to exceed 72 square feet in horizontal section, or three feet in height, for that portion above the height limit;
C. Chimneys, not to exceed nine square feet in horizontal section or more than three feet in height, for that portion above the height limit. No multiple-flue chimney shall exceed 39 square feet in horizontal section. The first chimney shall not exceed nine square feet in horizontal section, and other chimneys shall not exceed six square feet in horizontal section;
D. Vent pipes not to exceed 18 inches in height above the height limit. (Ord. 773 § 3, 1999)
18.50.090 Location of swimming pools.
In any zone, a swimming pool may not be located in any required front yard, nor closer than five feet to any property line or to any building on the same premises. (Ord. 773 § 3, 1999)
18.50.100 Lighting.
All floodlighting provided in this chapter to illuminate any exterior area or building shall be so arranged as to direct light away from adjoining premises and public thoroughfares. (Ord. 773 § 3, 1999)
18.50.110 Temporary use permits.
Temporary use permits shall be required for the following activities:
A. Outdoor Promotions and Fundraising Events. No outdoor promotional activities intended to attract customers to a business or shopping center shall be permitted within the limits of the city except by permit issued by the city. The city may limit the hours and duration of the temporary use and terminate such activity if it proves to be:
1. Detrimental to public safety or traffic upon a public way; or
2. Disturbing to the community by reason of noise, lighting or lighting effects; or offensive conduct; or
3. Different from activity described in the permit application.
B. Christmas tree lots, temporary fruit or flower stands, car washes.
C. Promotions of seasonal merchandise.
D. Similar temporary uses that will not exceed a duration of 30 days. (Ord. 773 § 3, 1999)
18.50.120 Keeping household pets.
Keeping household pets is permitted as an accessory use, pursuant to LFPMC Title 6. (Ord. 820 § 4, 2000)
18.50.130 Collective gardens and dispensaries defined.*
“Collective garden” means the use of property for growing, production, processing, transportation, and/or delivery of cannabis by qualifying patients for medical use, as set forth in RCW 69.51A.130(2). (Ord. 1060 § 1, 2013)
*Code reviser’s note: Section 5 of Ord. No. 1060 provides, “No use that constitutes or purports to be a collective garden as that term is defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Lake Forest Park Municipal Code and that use shall not be entitled to claim legal nonconforming status.”
18.50.140 Collective gardens prohibited.
A. Collective gardens, as defined in LFPMC 18.50.130, are prohibited in the following zoning districts:
1. All residential and mixed use districts, including RS-20, RS-15, RS-10, RS-9.6, RS-7.2, RM-3600, RM-2400, RM-1800, RM-900, SG-SF, SG-C and SG-T;
2. All business and/or commercial districts, including BN, CC and TC; and
3. Any new district established after July 22, 2013.
B. Any violation of this section is declared to be a public nuisance per se, and may be abated by the city attorney under applicable provisions of this code or state law, including but not limited to the provisions of LFPMC Chapter 1.16 and/or 8.12. (Ord. 1060 § 2, 2013)
18.50.160 Recreational marijuana retailers.
A. Marijuana retail outlets licensed by the Washington State Liquor Control Board, as defined in Chapter 18.08 LFPMC, are permitted in the following zoning districts: BN and SG-C, but are prohibited in all of the zoning districts:
1. All residential and mixed use districts, including RS-20, RS-15, RS-10, RS-9.6, RS-7.2, RM-3600, RM-2400, RM-1800, RM-900, SG-SF and SG-T;
2. All business and/or commercial districts, including CC and TC; and
3. Any new district established after March 26, 2015.
B. Chapter 314-55 WAC, now or as may hereafter be amended, shall apply in addition to the provisions of this chapter.
C. Limitations on Uses. The following limitations shall apply to all marijuana retailers unless stated otherwise:
1. A marijuana retailer shall not be located within 1,000 feet of the following uses or any use included in Chapter 314-55 WAC now or as may be hereafter amended:
a. Elementary or secondary school;
b. Playgrounds;
c. Recreation center or facility;
d. Child care centers;
e. Public parks;
f. Public transit centers;
g. Libraries;
h. Any game arcade; or
i. Any real property with a land use designation of recreation/open space;
j. Any real property designated for park use in an approved binding site plan under Chapter 18.48 LFPMC;
k. Any real property designated for park use in an approved preliminary plat under LFPMC Title 17; and
l. Any real property designated in the capital improvement plan for future park use.
D. Marijuana Retail Outlets. Marijuana odor shall be contained within the retail outlet so that the odor from marijuana cannot be detected by a person with a normal sense of smell from any abutting use or property. If marijuana odor can be smelled from any abutting use or property, the marijuana retailer shall be required to implement measures, including but not limited to installation of ventilation equipment necessary to contain the odor.
E. Security. In addition to the security requirements in Chapter 315-55 WAC, during non-business hours, all recreational marijuana retailers shall store all usable marijuana, marijuana-infused product, and cash in a safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely attached thereto. For usable marijuana products that must be kept refrigerated or frozen, these products must be stored in a locked refrigerator or freezer container in a manner approved by the director, provided the container is affixed to the building structure.
F. Legal Nonconforming Uses. No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer as those terms are defined in this title, that was engaged in that activity prior to the enactment of the ordinance codified in this section, shall be deemed to have been a legally established use under the provisions of the Lake Forest Park Municipal Code, and that use shall not be entitled to claim legal nonconforming status under Chapter 18.66 LFPMC. (Ord. 1095 § 12, 2015)