Chapter 15.465
Residential Standards and Regulations
Sections:
15.465.010 Authority and Application
15.465.100 Accessory Dwelling Units (ADUs)
15.465.200 Accommodation of Persons with Disabilities
15.465.300 Bed and Breakfast Standards
15.465.350 Supportive Housing Facilities Standards
15.465.400 Community Residential Facilities Standards
15.465.600 Mobile/Manufactured/Modular Homes and Mobile Home Parks
15.465.005 Purpose
The purpose of this chapter is to delineate regulations that apply to the following residential uses: accessory dwelling units, accommodation of persons with disabilities, bed and breakfasts, short-term rentals, supportive housing facilities, community residential facilities, home occupations and mobile homes, manufactured homes and mobile home parks. (Ord. 22-1002 § 3; Ord. 21-1031 § 8; Ord. 15-1018 § 1)
15.465.010 Authority and Application
The provisions of this chapter shall apply to the following residential uses: accessory dwelling units, accommodation of persons with disabilities, bed and breakfasts, short-term rentals, supportive housing, community residential facilities, home occupations and mobile homes, manufactured homes and mobile home parks. (Ord. 22-1002 § 4; Ord. 21-1031 § 9; Ord. 15-1018 § 1)
15.465.100 Accessory Dwelling Units (ADUs)
A. Purpose. The purpose of this section is to allow for and regulate the establishment of accessory dwelling units (ADUs) within, attached to, or detached from single-family dwellings while preserving the character and property values of single-family neighborhoods. The purposes of accessory dwelling unit provisions are to:
1. Fully utilize residential housing supply in existing neighborhoods while preserving neighborhood character.
2. Improve cost efficiency of existing infrastructure.
3. Provide additional options for rental housing within a wide range of prices.
4. Increase opportunities for home ownership and allow older homeowners to remain in their homes and obtain extra income, companionship, and security.
B. Authority. This section is adopted under authority of RCW 43.63A.215.
C. General Regulations.
1. Review and Approval. To gain approval for an ADU, a property owner shall submit a registration form, sign an affidavit of owner occupancy, and apply for a building permit for necessary remodeling or construction. The Department and the Building Official shall review and approve or disapprove the application.
2. Registration.
a. An approved ADU shall be registered with the City of SeaTac, the registration certificate shall be recorded and filed as a deed restriction with the King County Recorder, and a certificate of occupancy shall be issued by the SeaTac Building Official.
b. Illegally created nonconforming ADUs, existing prior to the enactment of these requirements, shall be registered. The property owner shall submit an application, a signed affidavit of owner occupancy and bring the unit up to minimum standards set forth in the City’s building code no later than twelve (12) months after the effective date of this code.
c. Owners of legal ADUs, created prior to the adoption of this chapter under the requirements set forth in SMC 15.205.040, shall register their unit and file a signed affidavit of owner occupancy with the Department.
d. Unless otherwise approved by the Director, ADU registration shall be cancelled as a result of an enforcement action due to violations of this chapter including: (1) unpermitted alteration of the ADU; (2) failure of owner to reside in either the primary or accessory dwelling unit; or (3) failure to maintain required off-street parking spaces.
D. General Standards and Criteria.
1. General.
a. ADUs Per Lot. Only one (1) ADU is allowed per residential lot as a subordinate use in conjunction with any new or existing legal, conforming or nonconforming, detached single-family structure.
b. Applicable Standards. The accessory dwelling unit must meet all technical codes and standards including standards for a one (1) or two (2) family dwelling unit, as referenced in SMC Title 13.
c. Addresses. The Building Division will assign an address to the ADU.
d. Subdivision. ADUs created within the single-family structure shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit. Detached ADUs may be segregated in ownership from the primary dwelling unit if such segregation meets all minimum requirements for a separate legal lot under City of SeaTac zoning and subdivision standards.
2. Owner Occupation. An owner of the property must occupy either the primary single-family dwelling or the accessory dwelling unit.
a. Qualifying as Owner Occupant. In order to qualify as an owner occupant, a fee owner must physically reside on the property at least nine (9) months in any twelve (12) month period.
b. Absences. If an owner must be absent from the property for a longer period due to good cause, such as job dislocation, sabbatical leave, education, or illness, evidence must be submitted to the Director, and a waiver may be granted for up to three (3) months additional absence from the property.
c. Affidavit/Certification. An owner shall sign an affidavit verifying that one (1) of the dwelling units is the legal residence of said property owner. An additional form of documentation such as a driver’s license or voter registration records shall be required to verify property owner occupancy of one (1) of the dwelling units. Falsely certifying owner occupancy or failure to comply with the terms of the owner certification shall result in loss of ADU registration and certificate of occupancy, and a penalty of five hundred dollars ($500.00) as prescribed by SMC 1.15.100.
d. Violations. If the owner occupancy requirement is violated, an owner shall:
i. Re-occupy the structure;
ii. Remove the accessory dwelling unit; or
iii. Submit evidence to the Director as specified in subsection (D)(2)(b) of this section for a waiver of this requirement for up to three (3) months.
E. Building Setbacks. ADUs shall conform to the setback requirements for a main structure.
F. Size.
1. Detached ADU.
a. Minimum: two hundred twenty (220) square feet (not including bathrooms and closets).
b. Maximum: eight hundred (800) square feet (including bathrooms and closets).
2. Attached ADU – New. Attached ADUs created through an addition or designed into a new structure at time of construction.
a. Minimum: two hundred twenty (220) square feet (not including bathrooms and closets).
b. Maximum: eight hundred (800) square feet (including bathrooms and closets).
3. Attached ADU – Existing. Attached ADU, created within an existing a single-family residence.
a. Minimum: two hundred twenty (220) square feet (not including bathrooms and closets).
b. Maximum: forty-five percent (45%) of the total square footage of the existing dwelling (including bathrooms and closets).
G. Dimensional Standards when Combined with Accessory Structure. Accessory dwelling units combined with an accessory structure, as defined under Chapter 15.105 SMC, Definitions, shall not exceed the following dimensional standards:
1. Height.
a. Twenty (20) feet in height (to the highest point of the structure) if the ADU is one (1) story.
b. Twenty (20) feet in height, as determined pursuant to SMC 15.110.070, if the ADU is two (2) stories.
2. Size for ADU. Eight hundred (800) square feet for the ADU.
3. Size for Accessory Structure. One thousand (1,000) square feet for the accessory structure.
H. Maximum Occupancy.
1. ADUs two hundred twenty (220) to four hundred (400) square feet: two (2) persons.
2. ADUs four hundred one (401) to six hundred (601) square feet: three (3) persons.
3. ADUs six hundred one (601) square feet and greater: four (4) persons.
I. Design.
1. Appearance. An ADU shall be designed to preserve or complement the architectural design, style, and appearance of the primary single-family home. Specifically, whether attached or detached, the roof pitch, siding materials, color, and window treatment of the ADU shall be the same as, similar to, or an improvement to the appearance of, the primary structure. Where attached garage space is converted to an accessory dwelling unit, the garage door shall be replaced with materials that complement the exterior of the house.
2. Entrances. A separate entrance for the ADU is necessary and shall be located on the side or rear of the structure. On a corner lot, no more than one (1) entrance shall be visible from either street.
3. Exterior Stairs. Any exterior stairs shall be placed in the rear or side yard and must comply with setback standards set forth in SMC 15.400.330. Exterior stairs shall be subject to the same setback standards applied to uncovered porches and decks which exceed eighteen (18) inches above the finished grade.
J. Parking.
1. Minimum. A minimum of one (1) off-street parking space is required for an accessory dwelling unit, in addition to the number of spaces required for the existing single-family residence.
a. A second parking space shall be required for units greater than six hundred (600) square feet in area.
b. Waiver. A waiver of the requirement for the parking space(s) may be granted by the Director if topography of the site or existing structure location make its provision physically or economically infeasible and it is demonstrated that on-street parking is available.
2. Location. The location for the parking space(s) shall be determined through consultation with the Department staff during plan review.
3. Additional Parking. If additional parking is necessary, new parking space(s) shall utilize existing curb cuts, when possible.
K. Home Occupations. Home occupations may be allowed in either the primary residence or the accessory unit, subject to the applicable provisions of the SeaTac Municipal Code. Special home occupation permits (SHOPs) shall not be granted for accessory dwelling units. (Ord. 15-1018 § 1)
15.465.200 Accommodation of Persons with Disabilities
A. Purpose. The City recognizes the need to make reasonable exceptions to its Zoning Code, if requested, to accommodate the special needs of persons with disabilities.
B. Application. Such exceptions may include:
1. Increasing the number of nonrelated persons allowed to live together in a single-family house;
2. Reducing setback requirements to retrofit a house with handicap accessible facilities;
3. Other modifications to the Zoning Code necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling; provided such modification does not reduce public safety nor keep the intent of the code from being met.
C. Authority. Exceptions from code requirements are made pursuant to the requirements of the Federal Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(B); and Washington Law Against Discrimination, Chapter 29.60 RCW for persons with disabilities as defined by Federal law in 42 U.S.C. 3602(h). See Chapter 15.105 SMC, Definitions, for the definition of disability.
D. Accommodation Procedure.
1. Request for Accommodation. Any person claiming to have a disability, or someone acting on his or her behalf, who wishes to be excused from an otherwise applicable requirement of this Zoning Code must provide the Director with verifiable documentation of the disability and need for accommodation.
2. Decision Process.
a. Director Authority. If disability and need for accommodation are demonstrated, the Director, in consultation with the City Attorney, is hereby authorized to vary, modify, or waive the provisions of the Zoning Code, in order to provide reasonable accommodation necessary to afford a disabled person the opportunity to use a dwelling.
b. Prompt Action. The Director shall act promptly on the request for accommodation.
c. No Fee. The Director shall not charge a fee for responding to such request.
d. Appeal. The Director’s decision shall constitute final action by the City on the request for accommodation.
3. Decision Criteria.
a. Reasonable Response. The City’s duty to accommodate is an affirmative one, and the Director is thereby authorized to provide accommodations in a thoughtful and reasonable manner.
b. No Loss of Code Purpose or Safety. No reasonable accommodation shall be provided to any chapter of the Zoning Code, or other code adopted pursuant thereto, which does not substantially accomplish the purposes of that chapter or which would reduce the public safety.
c. Burden of Proof on Applicant. The applicant shall have the burden of establishing that the proposed modification, waiver, or variance accomplishes substantially the same purpose without reduction of safety.
d. Minimum Accommodation Needed. The accommodation shall be the minimum necessary to grant relief to the applicant.
4. Procedure Upon Change of Use.
a. Accommodation Personal Unless Similar Use Reestablished within Six (6) Months. The accommodation provided shall be personal to the applicant and shall not run with the land; provided, however, that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site which establish the same use within six (6) months of the date the prior use by disabled persons or residential care provider ceases.
b. Structure May Be Required to Be Brought Back Into Compliance. The Director may direct that any physical change in the structure which would otherwise be illegal under the Zoning Code, or other section of the SeaTac Municipal Code, be brought into compliance six (6) months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) and the Washington Law Against Discrimination (WLAD). (Ord. 15-1018 § 1)
15.465.300 Bed and Breakfast Standards
A. Application. The provisions of this section shall apply to all bed and breakfast uses as defined in Chapter 15.105 SMC, Definitions.
B. Bed and Breakfast Requirements.
1. Number of Guests. Number of guests limited to six (6), with no more than three (3) bedrooms;
2. Parking. Parking area for three (3) nonresident vehicles;
3. Health Department Approval. Proof of King County Health Department approval;
4. Meals Served. Breakfast is only meal served for paying guest. (Ord. 22-1002 § 5; Ord. 15-1018 § 1)
15.465.320 Short-Term Rentals
A. Purpose and Applicability.
1. This section is intended to establish standards for the operation of dwelling units used as short-term rentals for the purposes of ensuring neighborhood compatibility, and safety for short-term rental guests and the broader community.
2. This section applies to uses meeting the definition of “short-term rental” found in SMC 15.105.190.
3. Provisions of this section apply to short-term rentals in which the entire dwelling unit is rented, as well as individual room rentals meeting the definition of a short-term rental.
B. Definitions. In addition to the definitions in Chapter 15.105 SMC, the following definitions apply to this section; for any term defined in this section that is also defined in this title, the definitions in this section shall take precedence. Definitions in this section do not apply to other sections or chapters of the SeaTac Municipal Code. Any terms listed in RCW 64.37.010 not listed below are incorporated herein.
1. “Contact” means the operator or the operator’s representative who is the point of contact for any short-term rental guest for the duration of the guest’s stay in the short-term rental.
2. “Dwelling unit” means a residential dwelling of any type, including a single-family residence, apartment, condominium, cooperative unit, or room, in which a person may obtain living accommodations for less than thirty (30) days, but not including duly licensed bed and breakfast, inn, hotel, motel, or timeshare property.
3. “Guest” means any person or persons renting a short-term rental unit.
4. “Operator” means any person who receives payment for owning or operating a dwelling unit, or portion thereof, as a short-term rental unit.
5. “Owner” means any person who, alone or with others, has title or interest in any building, property, dwelling unit, or portion thereof, with or without accompanying actual possession thereof, and including any person who as agent, executor, administrator, trustee, or guardian of an estate has charge, care, or control of any building, dwelling unit, or portion thereof. A person whose sole interest in any building, dwelling unit, or portion thereof is solely that of a lessee under a lease agreement is not considered an owner.
6. “Short-term rental advertisement” means any method of soliciting use of a dwelling unit for short-term rental purposes.
C. Short-Term Rental Requirements.
1. General.
a. All short-term rentals shall comply with all sections of Chapter 64.37 RCW.
b. Violation of requirements in this section may result in the suspension or revocation of the short-term rental permit and/or business license endorsement.
c. No short-term rental is allowed in any dwelling unit to which any income restrictions are in effect under any local, state, or federal authority.
d. Any property receiving a multi-family tax exemption is not eligible for any of its units to be used as short-term rentals.
e. The City of SeaTac is not responsible for compliance with any home owner’s association (HOA), condo ownership group, or rental agreement restrictions that may exist regarding short-term rentals. It is the responsibility of the applicant to review for compliance with any superseding regulations, and receive approvals from any bodies as needed prior to submitting materials to the City of SeaTac for review.
f. Short-term rental operators must remit all applicable local, state, and federal taxes unless completed through the hosting platform, RCW 64.37.020.
g. A short-term rental operator must maintain primary liability insurance meeting the requirements of RCW 64.37.050.
2. Occupancy and Licensing.
a. No more than two (2) persons per bedroom over the age of two (2) years old per bedroom rented, or ten (10) persons per rental, whichever is less, are permitted. Studio apartments are considered a single bedroom for the purposes of this section.
b. All short-term rentals are required to maintain an active Washington State business license with City of SeaTac endorsement.
c. All short-term rentals are required to maintain an active City of SeaTac permit for operating a short-term rental.
d. All short-term rental advertisements shall represent the property in a manner which complies with all City of SeaTac and state regulations.
3. Operation.
a. The following information shall be posted in a conspicuous place within each dwelling unit, or bedroom, used as a short-term rental:
i. The short-term rental street address;
ii. The emergency contact information for summoning police, fire, and emergency medical services;
iii. The floor plan indicating fire exits and escape routes;
iv. The maximum occupancy limits;
v. The contact information for the operator or designated contact;
vi. A copy of the City of SeaTac Good Neighbor Guidelines; and
vii. A copy of an active business license for the short-term rental, with City of SeaTac endorsement.
b. The contact for the site shall reside within thirty (30) miles of the site address, and shall generally be able to reach the address of the short-term rental within one (1) hour of departure from their residence. It is the responsibility of the operator to update any changes to the site contact in materials provided to the guests, and to the City of SeaTac, prior to any subsequent rentals.
c. All short-term rentals must be in compliance with RCW 19.27.530, Carbon monoxide alarms – Requirements – Exemptions – Adoption of rules.
4. Ownership Limitations.
a. The percentage of total short-term rentals not occupied by the owner or a long-term tenant for at least six (6) months out of a year shall not exceed three percent (3%) of total dwelling units within the City of SeaTac. Once this limit has been reached, no new non-owner/long-term tenant occupied short-term rental permits will be accepted until such time that total Citywide dwelling units increase, or other non-owner/long-term tenant occupied short term rental units cease operation.
b. No short-term rental operator is permitted to own, operate, or have any interest in more than two (2) short-term rental units they are not occupying.
c. Short-term rental owners and operators shown to own or operate more than one (1) non-owner occupied dwelling unit prior to the adoption of the ordinance codified in this section are eligible to continue use of these short-term rentals, provided they are legally permitted and remain in good standing. Expiration, or revocation of the associated business license or permit will result in the loss of vesting for this use. (Ord. 22-1002 § 6)
15.465.350 Supportive Housing Facilities Standards
A. Purpose and Applicability.
1. The purpose of this section is to establish reasonable standards for the safe operation and appropriate siting of supportive housing facilities within the City of SeaTac, so as to protect public health and safety for both facility residents and the broader community. This section does not include regulations for community residential facilities regulated by SMC 15.465.400, homeless encampments regulated by SMC 15.475.050, and accessory religious use facilities.
As defined in Chapter 15.105 SMC, “supportive housing facilities” includes emergency housing, emergency shelters, permanent supportive housing, and transitional housing in buildings or other permanent structures.
2. Supportive housing facilities that house residents with less complex needs are allowed in all residential districts, provided they are of a similar scale as surrounding development. As the needs of residents increase and/or the size of the facilities increase, such facilities should be located within areas of the City that allow increasing intensity of use and are in proximity of services in accordance with state law.
B. Performance Standards.
1. General Requirements for All Supportive Housing Facilities (“Facilities”).
a. General.
i. When a site includes more than one (1) type of supportive housing facility, the more restrictive requirements of this section shall apply.
ii. Specific needs of each facility will be reviewed through the conditional use permit process in SMC 15.115.020. The decision maker may relax one (1) or more of the standards in this subsection, only when the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe facility with minimal negative impact to the host community under the specific circumstances of the application. In considering whether the modification should be granted, the decision maker shall first consider the effects on the health and safety of facility residents and the neighboring communities. Modifications will not be granted if the adverse impact on residents of the facility and/or neighboring communities will be greater than without such modification. The burden of proof is on the applicant.
iii. All supportive housing facilities must comply with the provisions of the Building and Construction Code under SMC Title 13 and are subject to the provisions of crime prevention through environmental design (CPTED) under SMC Title 17.
b. Site and Transit.
i. Facilities shall match the bulk and scale of residential uses allowed in the zone where the facility is located. The design, construction, appearance, physical integrity, and maintenance of the facility shall provide an environment that is attractive, sustainable, functional, appropriate for the surrounding community, and conducive to tenants’ stability.
ii. If provided, exterior lighting must comply with Chapter 17.20 SMC and SMC 15.510.150 and be directed downward, and glare must be contained within the facility site to limit the impact on neighboring properties.
iii. The minimum number of off-street parking spaces required for each facility will be determined by the decision maker through the approval process taking into consideration factors such as the potential number of residents, site constraints, and impact on the surrounding neighborhood.
iv. A description of transit, pedestrian, and bicycle access from the subject site to services must be provided at time of application by the sponsor and/or managing agency.
c. Facility Operations.
i. The sponsor or managing agency shall comply with all federal, state, and local laws and regulations, including King County Department of Health regulations. The sponsor or managing agency shall be subject to inspections by local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period.
ii. Service providers must exercise reasonable and appropriate on-site supervision of facilities and program participants at all times, unless it can be demonstrated through the operations plan that this level of supervision is not warranted for the population being housed.
iii. The sponsor or managing agency must provide an operation plan at the time of the application that adequately addresses the following elements:
(A) Name and contact information for key staff;
(B) Roles and responsibilities of key staff;
(C) Site/facility management, including security policies and an emergency management plan;
(D) Site/facility maintenance;
(E) Occupancy policies, including resident responsibilities and a code of conduct that address, at a minimum, the use or sale of alcohol and illegal drugs, threatening or unsafe behavior, and weapon possession;
(F) Provision for human and social services, including staffing plan, credentials or certification, and outcome measures;
(G) Outreach with surrounding property owners and residents and ongoing good neighbor policy; and
(H) Procedures for maintaining accurate and complete records.
iv. Sponsors or managing agencies shall demonstrate applicable experience providing similar services to people experiencing homelessness.
v. Sponsors or managing agencies shall demonstrate a stable funding source for the facility and any on-site or off-site human and social services offered as part of the operations plan.
vi. Managing agencies and the SeaTac Police Department (SPD) shall establish reasonable requirements for appropriate access and coordination for the subject facility and its residents.
2. Additional Requirements for Emergency Housing and Emergency Shelters. In addition to the requirements under subsection (B)(1) of this section, emergency housing and emergency shelters are required to comply with the following:
a. Facility Standards.
i. Facilities shall not be located closer than one thousand seven hundred fifty (1,750) feet to an elementary-middle school, high school, public park, library, community center, or other emergency housing or emergency shelter facility. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility or school and the closest property line of the proposed facility.
ii. In residential zones, no more than one (1) adult bed per two hundred fifty (250) square feet of floor area is allowed per facility, up to eighty (80) residents. For the purposes of this section the following zones are considered residential zones: UL, UM, UH, UH-UCR, T, MHP.
iii. In all other zones, no more than one (1) adult bed per thirty-five (35) square feet of floor area is allowed per facility, up to eighty (80) residents.
b. Facility Operations.
i. In residential zones, and in order to maintain the residential nature of the facility, residents must be screened off-site by providers of housing and services for people experiencing homelessness.
ii. Trash receptacles must be provided in multiple locations throughout the facility and site. A regular trash patrol in the immediate vicinity of the site must be provided.
iii. Residents and staff must comply with all King County Health Department requirements related to food donations.
iv. No children under the age of eighteen (18) are allowed to stay overnight in the facility, unless accompanied by a parent or guardian, or unless the facility is licensed to provide services to this population. If a child under the age of eighteen (18) without a parent or guardian present attempts to stay in a facility not specifically licensed for providing housing to youth, the sponsor and/or managing agency shall immediately contact Child Protective Services and actively endeavor to find alternative housing for the child.
v. No person under court supervision or under sex offender registration requirements can receive services from a provider, unless providing such services is consistent with the laws, regulations, and/or supervisory requirements related to such persons.
c. Facility Services.
i. Residents shall have access to the following services on site; if not provided on site, transportation shall be provided:
(A) For all facilities, medical services, including mental and behavioral health counseling.
(B) For emergency housing facilities, access to resources on obtaining permanent housing and access to employment and education assistance.
(C) For emergency shelter facilities, substance abuse assistance.
ii. All functions associated with the facility, including adequate waiting space, must take place within a building or on the site proposed to house the facility.
iii. The number of toilets and other hygiene facilities required for each facility will be determined by the decision maker on a case-by-case basis in consultation with the King County Health Department after a review of factors such as the potential number and composition of residents.
iv. Facilities serving more than five (5) residents shall have dedicated spaces for residents to meet with service providers.
v. The sponsor or managing agency shall coordinate with the homelessness service providers for referrals to their program and with other providers of facilities and services for people experiencing homelessness to encourage access to all appropriate services for their residents.
3. Additional Requirements for Permanent Supportive and Transitional Housing. In addition to the requirements under subsection (B)(1) of this section, permanent supportive housing and transitional housing are required to comply with the following:
a. Facility Standards.
i. Individual facilities shall not have more than eighty (80) dwelling units and are subject to the density standards of residential uses allowed in the zone where the facility is located.
ii. The multi-family housing design standards of Chapter 15.510 SMC shall apply to all facilities with more than five (5) dwelling units.
b. Facility Services.
i. All residents shall have access to appropriate cooking and hygiene facilities.
ii. Facilities serving more than five (5) dwelling units shall have dedicated spaces for residents to meet with service providers.
iii. Residents shall have access to the following services on site or shall be provided transportation to such services by the sponsor or managing agency:
(A) Medical services, including mental and behavioral health counseling.
(B) Employment and education assistance. (Ord. 21-1031 § 10)
15.465.400 Community Residential Facilities Standards
A. Application. The provisions of this section shall apply to all “group homes” in the City of SeaTac, which are classified as “community residential facilities (CRF).”
1. Community residential facilities include all uses as defined by Chapter 15.105 SMC, Definitions, including housing for persons with disabilities, children and domestic abuse shelters.
2. CRFs do not include the following uses as defined by Chapter 15.105 SMC, Definitions, including emergency housing, emergency shelters, reentry centers, or facilities providing alcohol and drug detoxification (defined as convalescent centers). Transitional housing is also classified as a separate use, unless such housing is for victims of domestic violence, for children, for the disabled, or is a small-scale transitional housing facility. Permanent supportive housing is also classified as a separate use, unless such facility is a small-scale permanent supportive housing facility. Secure community transition facilities are neither group homes nor transitional housing.
B. CRF Requirements. CRFs are divided into two (2) categories, I or II, based on size and occupancy.
1. Community Residential Facilities I (CRF I).
a. Occupancy Limits. CRF I may house up to five (5) residents plus two (2) caregivers, with the special exception that state-licensed adult family homes and foster family homes are exempt from the City’s numerical limit.
b. Occupancy Limit Exceptions. Additionally, special exceptions to the limit on the number of occupants of a CRF I may be granted for persons with disabilities pursuant to the accommodation procedure provided in SMC 15.465.200, Accommodation of Persons with Disabilities.
c. Appearance. In the single-family zone, CRF I are required to be a single-family structure compatible with the surrounding area. In the low-density multi-family zone, CRF I are required to maintain residential character.
d. Parking. Any parking spaces in excess of two (2) shall be screened from public streets.
e. Small-Scale Permanent Supportive Housing and Small-Scale Transitional Housing. An approved operations plan consistent with SMC 15.465.350(B)(1)(c)(i).
2. Community Residential Facility II (CRF II). CRF II are not subject to any numerical occupancy limit and are permitted in the high density multi-family and commercial zones. (Ord. 23-1003 § 3; Ord. 21-1031 § 11; Ord. 15-1018 § 1)
15.465.500 Home Occupations
A. Home Occupations as Permitted Uses.
1. Home occupations are permitted as an accessory residential use so that certain activities may be undertaken for gain or profit within a dwelling or a building accessory to a dwelling in a UL or UM zone, or any zone in which dwellings are present.
2. The home occupation shall be conducted in such manner that the residence shall not differ from its residential character in either the use of colors, materials, construction, storage, lighting, signs or emissions of sounds, noise, vibrations or odors.
B. Prohibited Activities. The following activities are determined to be incompatible with residential areas and shall not be allowed as home occupations:
1. Automobile and motorcycle repair and body work (including painting);
2. Automobile services, including detailing;
3. Large appliance repair;
4. Large or small engine repair;
5. Commercial kennels or catteries;
6. Commercial painting;
7. Storage of building materials;
8. Parking or storage of heavy equipment or vehicles;
9. Religious facilities;
10. Any use involving dispatch of employees from the property.
C. Regulation of Home Occupations. Home occupations shall be required to have a business license pursuant to Chapter 5.05 SMC, and shall then be permitted, providing that each such home occupation meets the following criteria:
1. Is carried on exclusively by a member(s) of a family residing in the dwelling unit and no more than two (2) nonresident employees with approved on-site parking;
2. Is clearly incidental and secondary to the use of the property for dwelling purposes with the floor area devoted to the home occupation not exceeding twenty-five percent (25%) of the living area of the dwelling unit; for the purposes of this paragraph, living area does not include the grounds, out-buildings, garage, unfinished basement, or other areas not prepared for normal dwelling purposes;
3. Has no display or sign other than an unlighted display or sign no larger than two (2) square feet attached to an existing structure;
4. Has no outside storage nor other exterior indication of the home occupation or variation from the residential character of the property;
5. Does not require truck delivery or pick-up not common to a residential dwelling (i.e., parcel service); delivery hours are restricted to the hours of 8:00 a.m. to 8:00 p.m.;
6. Does not involve installation and use of heavy equipment, large power tools, or power sources not common to a residential dwelling, or any other usage which creates a level of noise, vibration, smoke, dust, odors, heat or glare beyond that which is common to a residential area;
7. Does not create a level of parking demand beyond a maximum of two (2) visitors at any given time and no more than eight (8) total two-way trips per day;
8. Does not involve production, generation, storage or use of hazardous waste, as defined by the State Department of Ecology;
9. Involves only sales which are an incidental use and which do not constitute regular retail sales on the premises.
D. Uses and Activities Exempt from Regulation.
1. Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses shall not be considered home occupations subject to regulation pursuant to subsection (C) of this section, Regulation of Home Occupations; provided, that any such use shall not be in existence for more than twenty (20) days in any one (1) calendar year, and shall not be in violation of any other chapter in this code, or City ordinance; and provided further, that any such garage sales and yard sales involve only the sale of household goods, none of which were purchased for the purpose of resale.
2. Day care facilities, bed and breakfast operations and other similar uses otherwise allowed in residential homes are exempt from the provisions of this section.
E. Special Home Occupation Permits (SHOP).
1. Special home occupation permits may be granted by the Director for any uses providing that not less than seven (7) of the nine (9) criteria set forth in subsection (C) of this section shall be met, except that compliance with subsection (C)(8) of this section shall be required.
2. In considering applications for special home occupations permits, the Director shall consider the nature and conditions of all adjacent uses and structures, and no such special home occupation permit (SHOP) shall be authorized by the Director unless it is found that the authorization of the SHOP will:
a. Not be materially detrimental to the public welfare;
b. Not have adverse impact on adjacent properties in the zone or vicinity in which the subject property is located; and
c. Be consistent with the spirit and purpose of this chapter and code.
3. In authorizing a SHOP, the Director may impose such requirements and conditions with respect to location, installation, construction, maintenance, operation and extent of open spaces in addition to those expressly set forth in this chapter and the code, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest.
4. In addition, the Director may allow the applicant for a special home occupation permit a reasonable period of time, not to exceed one (1) year, in which to bring the home occupation into compliance with existing zoning regulations and the conditions imposed by the Director.
5. A SHOP shall be processed as a Type II permit per Chapter 16A.23 SMC.
F. Home Occupations Subject to Code Enforcement Action. In addition to any and all rights of inspection, access and enforcement contained in Chapter 15.125 SMC, Code Enforcement, the City is authorized to enforce any and all provisions of this chapter. Any home occupation in existence at the time of adoption of the ordinance codified in this chapter which has not been issued a City business license shall not be issued a license unless in conformance with the provisions herein. (Ord. 21-1008 § 19; Ord. 15-1018 § 1)
15.465.600 Mobile/Manufactured/Modular Homes and Mobile Home Parks
A. Mobile Home Park Zone Classification. The mobile home park zone classification is created in order to allow and encourage mobile home parks within the City boundaries. The zone creates general standards for the siting of mobile homes on individual lots and parks, allows limited recreational vehicle storage and locations, encourages higher density and enhanced aesthetics while still providing moderate and low-income housing alternatives.
B. Definitions.
Leasable Space
That area within mobile home parks designated on an approved master plan as lots for locating mobile home units with utility hook-ups.
Recreational Vehicle (RV)
A vehicle designed primarily for recreational camping, travel or seasonal use which has its own power or is towed by another vehicle, limited to motor home, travel trailer, camping trailer, park trailer, multi-use vehicle and truck camper.
Utility Hook-Ups
The minimum required utility hook-up apparatus (pursuant to city approval) including, but not limited to, sanitary sewer, water and electrical services.
C. Modular and Manufactured Homes – Standards for Locating on Individual Lots. Modular and manufactured homes may be located within the UL and UM zone classifications; provided the following conditions are met:
1. The home shall be installed in accordance with the manufacturer’s instructions, in accordance with the requirements of Chapter 296-150F or 296-150M WAC, as applicable, and shall be hooked up to all utility services;
2. The home must meet the required sound insulation standards as set forth by applicable Federal Aviation Administration regulations when located within established noise remedy zones;
3. Minimum size shall be eight hundred sixty-four (864) square feet;
4. The home shall have exterior siding and skirting similar in appearance to siding materials commonly used on conventional site-built building code single-family residences.
D. Mobile/Manufactured Home Park – Standards for Existing Parks.
1. Mobile/manufactured home parks established prior to the effective date of this code shall continue to be governed by all standards relating to density, setbacks, landscaping and off-street parking in effect at the time they were approved.
2. Placement of new accessory structures and replacement of mobile homes, either standard or nonstandard, in these mobile/manufactured home parks shall be governed by the dimensional standards in effect when the parks were approved. If the information is not available to determine the standards, then the average of the prevailing setbacks on the pads to either side of the proposed new or replacement structure shall apply.
3. No spaces or pads in an existing mobile home park shall be used to accommodate RVs except when the spaces or pads were specifically designated (or approved) for RVs by the City pursuant to subsection (G) of this section, Recreational Vehicle Areas, or by King County at the time the park was established.
4. All mobile homes installed in established parks shall meet the minimum standards set forth by the existing HUD standards and applicable Building Code and any amendments in effect.
E. Mobile Home Park – Standards for New Parks. New mobile home parks shall be developed in the mobile home park zone and subject to the following standards:
1. A mobile home park shall be at least three (3) acres in area.
2. Residential densities in a mobile home park shall be as follows:
a. Five (5) dwellings per acre in a RL zone classification;
b. Seven (7) dwellings per acre in a RM and RH zone classification.
3. A mobile home park shall be exempt from the building footprint and impervious surface limits set forth in SMC 15.400.100, Residential Standards Chart, and 15.400.200, Commercial, Industrial, Park Standards Chart.
4. At least two (2) off-street parking spaces shall be required for each mobile home and located on or adjacent to each mobile home pad.
5. Internal roads and sidewalks shall provide access to each mobile home space and shall be constructed in accordance with the adopted City road standards for residential minor access streets.
6. Access to the park site shall be from a major or arterial roadway.
7. There shall be a minimum of sixteen (16) feet of separation maintained between all mobile homes on the site. Accessory structures shall be located no closer than:
a. Ten (10) feet to mobile homes on adjacent spaces unless constructed of noncombustible materials, in which case the minimum setback shall be five (5) feet;
b. Five (5) feet to accessory structures of mobile homes on adjacent spaces; and
c. Five (5) feet to the mobile home or other accessory structures on the same space. A carport or garage may be attached to the mobile home, and the separation may be waived when such structures are constructed of noncombustible materials.
8. All mobile homes shall be pit set and tied down per manufacturer’s standards or as prescribed by a licensed engineer in the State of Washington.
9. A mobile home park may include a storage area for RVs owned by residents of the park; provided the storage area contains no utility hook-ups. No RV within the storage area shall be used as living quarters.
F. Mobile Home Park – Alternative Design Standards. As an alternative to the building separation and internal streets standards of subsection (E) of this section, Mobile Home Park – Standards for New Parks:
1. Building separation requirements or setbacks between mobile homes and accessory structures on adjacent spaces may be modified, provided:
a. The common walls meet the fire protection standards set forth in the Building Code and the standards set forth in the Fire Code for duplexes, multi-family and condominium developments, as applicable; and
b. Rental agreements, clauses, by-laws or other legal mechanisms stipulate maintenance responsibilities for structures, fences and yards; and
c. An open space area for children shall be provided at a ratio of ten percent (10%) of the total park area.
2. Private streets may used with a minimum driving surface of twenty-two (22) feet in width, provided:
a. The circulation/street pattern is established in one (1) direction and approved by the Fire Marshal;
b. All required parking is located off-street and as specified in Chapter 15.455 SMC, Parking and Circulation; and
c. Such streets shall not serve over one hundred (100) dwelling units within the park.
G. Recreational Vehicle Areas.
1. Purpose. To allow the economic use of perimeter areas in mobile home parks; to foster affordable housing options; to create designated areas for recreational vehicles; to allow alternative use of land within mobile home parks, yet protect existing and future mobile home units.
2. Siting Standards of Recreational Vehicles in Existing Mobile/Manufactured Home Parks.
a. A site plan shall be submitted with the following standards for review and approval by the Director.
b. Recreational Vehicle Sites. RVs may be located in a perimeter designated area. The designated area shall be a logically geometric shape, which does not encroach significantly into the area for mobile/manufactured home units.
It is provided, however, that once the owner of a mobile home park has given notice of intention to close the mobile home park pursuant to any applicable relocation plans, pending final closure of the mobile home park, and in keeping with the provisions of subsections (G)(2)(c), (d) and (e) of this section, the owner may site recreational vehicles in such mobile home spaces as may become vacant during the closure period without regard to the number of such recreational vehicles or their locations within the mobile home park. The closure period, which shall include the period of time from the date of the notice of the intention to close the mobile home park to the final closure of the mobile home park, shall not exceed one (1) year.
c. Recreational vehicles shall hook up to the utility hook-ups (under permits) and maintain the minimum standards on those utilities.
d. Recreational vehicles shall not remain on the leased space longer than one hundred eighty (180) days a year. The recreational vehicle must be physically detached from the utility hook-ups and out of the park for at least twenty-four (24) hours before hooking up again.
e. The recreational vehicles shall meet all applicable health and building standards.
f. The recreational vehicle section shall be screened from both the road and the mobile/manufactured home park with Type IV landscaping at a width of five (5) feet.
H. Mobile Home Park Relocation Standards.
1. The owner of a mobile home park that is relocating must comply with the applicable requirements of Chapters 59.20 and 59.21 RCW.
2. The owner of a mobile home park that is relocating must notify the City prior to giving notice to the tenants in accordance with RCW 59.20.080(1)(e). (Ord. 21-1008 § 20; Ord. 15-1018 § 1)