Chapter 20.40 Zoning and Use Provisions

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

C. To provide and efficient and compatible relationship of land uses and zones. (Ord. 238 Ch. IV § 1(A), 2000).

20.40.020 Zones and map designations.

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


ZONING	MAP SYMBOL
RESIDENTIAL
(Low, Medium, and High Density)	R-4 through 48 (Numerical designator relating to base density in dwelling units per acre)
NONRESIDENTIAL
Neighborhood Business	NB
Office	O
Community Business	CB
Mixed-Use Zone	MUZ
Industrial	I
Campus	CCZ, FCZ, PHZ, SCZ1
Special Overlay Districts	SO
North City Business District	NCBD
Town Center District	TC-1, TC-2, TC-3, TC-4
Planned Area	PA

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

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

20.40.030 Residential zones.

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

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

C. The purpose of high density residential, R-18, R-24, R-36 and R-48 zones, is to provide for a mix of predominantly apartment and townhouse dwelling units and other compatible uses. (Ord. 462 § 1, 2007; Ord. 238 Ch. IV § 1(C), 2000).

20.40.040 Nonresidential zones.

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

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

C. The purpose of the mixed-use zone (MUZ) is to encourage the development of vertical and/or horizontal mixed-use buildings or developments primarily along the Aurora and Ballinger corridors. The MUZ uses unique standards to encourage amenities such as public gathering spaces, sustainable buildings, electric vehicle recharging stations, affordable housing, and parking management plans as a trade-off for increased building height and residential density.

D. The purpose of the industrial (I) zone is to provide for the location of integrated complexes made up of business and office uses serving regional market areas with significant employment opportunities. Such zones require accessibility to regional transportation corridors. Development of higher buildings and mixed uses that are supportive of transit are encouraged in these zones. (Ord. 560 § 3 (Exh. A), 2009; Ord. 238 Ch. IV § 1(D), 2000).

20.40.045 Campus zones.

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

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

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

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

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

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

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

20.40.050 Special districts.

A. Special Overlay District. The purpose of the special overlay (SO) district is to apply supplemental regulations as specified in this Code to a development of any site, which is in whole or in part located in a special overlay district (Chapter 20.100 SMC, Special Districts). Any such development must comply with both the supplemental SO and the underlying zone regulations.

B. Subarea Plan District. The purpose of a subarea plan district is to implement an adopted subarea plan using regulations tailored to meet the specific goals and policies established in the Comprehensive Plan for the subarea.

1. North City Business District (NCBD). The purpose of the NCBD is to implement the vision contained in the North City Subarea Plan. Any development in the NCBD must comply with the standards specified in Chapter 20.90 SMC.

2. Town Center District (TCD). The purpose of the TCD is to implement the vision and policies contained in the Town Center Subarea Plan. Any development in the TCD must comply with the standards specified in Chapter 20.92 SMC.

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

1. Planned Area 2: Ridgecrest (PA 2). Any development in PA 2 must comply with the standards specified in Chapter 20.91 SMC.

2. Planned Area 3: Aldercrest (PA 3). Any development in PA 3 must comply with the standards specified in Chapter 20.93 SMC. (Ord. 609 § 8, 2011; Ord. 598 § 5, 2011; Ord. 507 § 4, 2008; Ord. 492 § 4, 2008; Ord. 338 § 3, 2003; Ord. 281 § 5, 2001; Ord. 238 Ch. IV § 1(E), 2000).

20.40.060 Zoning map and zone boundaries.*

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

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

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

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

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

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

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

D. Classification of Rights-of-Way.

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

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

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

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

20.40.100 Purpose.

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

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

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

Exception to SMC 20.40.100(C)(1): A use which will operate for less than 60 days is considered a temporary use, and subject to the requirements of a temporary use permit.

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

20.40.110 Use tables.

A. The land use tables in this subchapter determine whether a specific use is allowed in a zone. The zone designation is located on the top of each column and the specific use is located on the horizontal rows. The land use table for the TCD is located in SMC 20.92.020(A).

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

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

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

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

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

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

H. The Director is authorized to make reasonable accommodations to provisions of the Code that apply to dwellings occupied or to be occupied by disabled persons as defined by the Federal Fair Housing Act and Fair Housing Act Amendments, when such reasonable accommodations may be necessary in order to comply with such acts. All such accommodations shall be personal to the applicant and shall expire immediately if the disabled applicant terminates occupancy at the subject site. (Ord. 609 § 9, 2011; Ord. 425 § 2, 2006; Ord. 238 Ch. IV § 2(B), 2000).

20.40.120 Residential type uses.


NAICS #	SPECIFIC LAND USE	R4- R6	R8-R12	R18-R48	NB & O	CB & NCBD	MUZ & I
RESIDENTIAL GENERAL
	Accessory Dwelling Unit	P-i	P-i	P-i	P-i	P-i	P-i
	Affordable Housing	P-i	P-i	P-i	P-i	P-i	P-i
	Apartment		C	P	P	P	P
	Duplex	P-i	P-i	P-i	P-i
	Home Occupation	P-i	P-i	P-i	P-i	P-i	P-i
	Manufactured Home	P-i	P-i	P-i
	Mobile Home Park	P-i	P-i	P-i
	Single-Family Attached	P-i	P	P	P
	Single-Family Detached	P	P	C	C
GROUP RESIDENCES
	Boarding House	C-i	C-i	P-i	P-i	P-i	P-i
	Community Residential Facility-I (Less than 11 residents and staff)	C	C	P	P	P	P
	Community Residential Facility-II			P-i	P-i	P-i	P-i
721310	Dormitory		C-i	P-i	P-i	P-i	P-i
TEMPORARY LODGING
721191	Bed and Breakfasts	P-i	P-i	P-i	P-i	P-i	P-i
72111	Hotel/Motel					P	P
	Recreational Vehicle	P-i	P-i	P-i	P-i	P-i	P-i
	Tent City	P-i	P-i	P-i	P-i	P-i	P-i
MISCELLANEOUS
	Animals, Small, Keeping and Raising	P-i	P-i	P-i	P-i	P-i	P-i

P = Permitted Use S = Special Use C = Conditional Use -i = Indexed Supplemental Criteria

(Ord. 560 § 3 (Exh. A), 2009; Ord. 408 § 2, 2006; Ord. 368 § 1, 2005; Ord. 352 § 1, 2004; Ord. 301 § 1, 2002; Ord. 299 § 1, 2002; Ord. 281 § 6, 2001; Ord. 238 Ch. IV § 2(B, Table 1), 2000).

20.40.130 Nonresidential uses.


NAICS #	SPECIFIC LAND USE	R4- R6	R8-R12	R18-R48	NB & O	CB & NCBD	MUZ & I
RETAIL/SERVICE TYPE
532	Automotive Rental and Leasing					P	P
81111	Automotive Repair and Service				P	P	P
451	Book and Video Stores/Rental (excludes Adult Use Facilities)			C	P	P	P
513	Broadcasting and Telecommunications						P
812220	Cemetery, Columbarium	C-i	C-i	C-i	P-i	P-i	P-i
	Churches, Synagogue, Temple	C	C	P	P	P	P
	Construction Retail, Freight, Cargo Service						P
	Daycare I Facilities	P-i	P-i	P	P	P	P
	Daycare II Facilities		C	P	P	P	P
722	Eating and Drinking Establishments (Excluding Gambling Uses)	C-i	C-i	C-i	P-i	P-i	P-i
812210	Funeral Home/Crematory	C-i	C-i	C-i		P-i	P-i
447	Gasoline Service Stations				P	P	P
	General Retail Trade/Services				P	P	P
811310	Heavy Equipment and Truck Repair						C
481	Helistop			S	S	S	C
485	Individual Transportation and Taxi					C	S
812910	Kennel or Cattery					C-i	P-i
	Library Adaptive Reuse	P-i	P-i	P-i	P-i	P-i	P-i
31	Light Manufacturing						S
441	Motor Vehicle and Boat Sales						P
	Professional Office			C	P	P	P
5417	Research, Development and Testing						P
	Shipping Containers					C	C
484	Trucking and Courier Service					P-i	P-i
541940	Veterinary Clinics and Hospitals				P-i	P-i	P-i
	Warehousing and Wholesale Trade						P
	Wireless Telecommunication Facility	P-i	P-i	P-i	P-i	P-i	P-i

P = Permitted Use S = Special Use C = Conditional Use -i = Indexed Supplemental Criteria

(Ord. 560 § 3 (Exh. A), 2009; Ord. 469 § 1, 2007; Ord. 317 § 1, 2003; Ord. 299 § 1, 2002; Ord. 281 § 6, 2001; Ord. 277 § 1, 2001; Ord. 258 § 5, 2000; Ord. 238 Ch. IV § 2(B, Table 2), 2000).

20.40.140 Other uses.


NAICS #	SPECIFIC USE	R4- R6	R8- R12	R18-R48	NB & O	CB & NCBD	MUZ & I
EDUCATION, ENTERTAINMENT, CULTURE, AND RECREATION
	Adult Use Facilities					P-i	P-i
71312	Amusement Arcade						P
71395	Bowling Center				C	P	P
6113	College and University				S	P	P
56192	Conference Center	C-i	C-i	C-i	P-i	P-i	P-i
6111	Elementary School, Middle/Junior High School	C	C	C
	Gambling Uses (expansion or intensification of existing nonconforming use only)				S-i	S-i	S-i
71391	Golf Facility	P-i	P-i	P-i
514120	Library	C	C	C	P	P	P
71211	Museum	C	C	C	P	P	P
	Nightclubs (excludes Adult Use Facilities)					C	P
7111	Outdoor Performance Center						S
	Parks and Trails	P	P	P	P	P	P
	Performing Arts Companies/Theater (excludes Adult Use Facilities)					P-i	P-i
6111	School District Support Facility	C	C	C	C	P	P
6111	Secondary or High School	C	C	C	C	P	P
6116	Specialized Instruction School	C-i	C-i	C-i	P	P	P
71399	Sports/Social Club	C	C	C	C	P	P
6114 (5)	Vocational School	C	C	C	C	P	P
GOVERNMENT
9221	Court					P-i	P-i
92216	Fire Facility	C-i	C-i	C-i	P-i	P-i	P-i
	Interim Recycling Facility	P-i	P-i	P-i	P-i	P-i	P-i
92212	Police Facility				S	P	P
92	Public Agency or Utility Office	S-i	S-i	S	S	P	P
92	Public Agency or Utility Yard	P-i	P-i	P-i			P-i
221	Utility Facility	C	C	C	P	P	P
	Utility Facility, Regional Stormwater Management	C	C	C	P	P	P
HEALTH
622	Hospital	C-i	C-i	C-i	C-i	P-i	P-i
6215	Medical Lab					P	P
6211	Medical Office/Outpatient Clinic	C-i	C-i	C-i	P	P	P
623	Nursing and Personal Care Facilities			C	C	P	P
REGIONAL
	School Bus Base	S-i	S-i	S-i	S-i	S-i	S-i
	Secure Community Transitional Facility						SCTFS-i
	Transfer Station	S	S	S	S	S	S
	Transit Bus Base	S	S	S	S	S	S
	Transit Park and Ride Lot	S-i	S-i	S-i	P	P	P
	Work Release Facility						S-i

P = Permitted Use S = Special Use C = Conditional Use -i = Indexed Supplemental Criteria SCTFS = Secure Community Transitional Facility Special Use

(Ord. 560 § 3 (Exh. A), 2009; Ord. 531 § 1 (Exh. 1), 2009; Ord. 309 § 4, 2002; Ord. 299 § 1, 2002; Ord. 281 § 6, 2001; Ord. 258 § 3, 2000; Ord. 238 Ch. IV § 2(B, Table 3), 2000).

20.40.150 Campus uses.


NAICS #	SPECIFIC LAND USE	CCZ	FCZ	PHZ	SCZ
513	Broadcasting and Telecommunications	P-m			P-m
	Bus Base	P-m			P-m
	Child and Adult Care Services	P-m	P-m		P-m
	Churches, Synagogue, Temple	P-m	P-m
6113	College and University				P-m
	Conference Center	P-m			P-m
6111	Elementary School, Middle/Junior, High School	P-m
	Food Storage, Repackaging, Warehousing and Distribution		P-m
	Fueling for On-Site Use Only		P-m		P-m
	Home Occupation	P-i	P-i
	Housing for Disabled Persons	P-m	P-m
	Library	P-m		P-m	P-m
	Light Manufacturing		P-m		P-m
	Maintenance Facilities for On-Site Maintenance	P-m	P-m	P-m	P-m
	Medical-Related Office or Clinic (including personal care facility, training facilities, and outpatient clinic)	P-m	P-m	P-m	P-m
	State Owned/Operated Office or Laboratory		P-m	P-m	P-m
	Outdoor Performance Center	P-m			P-m
623	Nursing and Personal Care Facilities	P-m	P-m		P-m
	Performing Arts Companies/Theater	P-m			P-m
	Personal Services (including laundry, dry cleaning, barber and beauty shop, shoe repair, massage therapy/health spa)	P-m	P-m		P-m
	Power Plant for Site Use Power Generation Only		P-m	P-m	P-m
	Recreational Facility	P-m	P-m		P-m
	Recreation Vehicle	P-i
	Research Development and Testing		P-m	P-m	P-m
	Residential Habilitation Center and Support Facilities	P-m	P-m
6111	Secondary or High School	P-m			P-m
	Senior Housing (apartments, duplexes, attached and detached single-family)	P-m
	Shipping Containers	P-i	P-i	P-i	P-i
	Social Service Providers		P-m		P-m
6116	Specialized Instruction School	P-m	P-m		P-m
	Support Uses and Services for the Institution On Site (including dental hygiene clinic, theater, restaurant, book and video stores and conference rooms)	P-m	P-m	P-m	P-m
	Tent City	P-i
	Wireless Telecommunication Facility	P-i			P-i
P = Permitted Use P-i = Permitted Use with Indexed Supplemental Criteria P-m = Permitted Use with approved Master Development Plan

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

(Ord. 507 § 4, 2008).

20.40.200 Purpose.

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

-A-

20.40.210 Accessory dwelling units.

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

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

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

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

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

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

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

G. Accessory dwelling unit shall comply with all applicable codes and standards.

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

20.40.220 Adult use facilities.

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

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

20.40.230 Affordable housing.

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

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

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

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

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

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

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

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

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

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

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

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

5. All land use applications for which the applicant is seeking to include the area designated as a critical area overlay district in the density calculation shall satisfy the requirements of this Code. The applicant shall enter into a third party contract with a qualified consultant and the City to address the requirements of the critical area overlay district chapter, Chapter 20.80 SMC, Critical Areas.

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

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

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

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

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

G. In single-family developments where there are two or more affordable units, side yard setbacks may be waived to allow for attached housing units for affordable units only. The placement and exterior design of the attached units must be such that the units together resemble as closely as possible a single-family dwelling. (Ord. 462 § 1, 2007; Ord. 238 Ch. IV § 3(B), 2000).

20.40.240 Animals.

A. The raising, keeping, breeding or fee boarding of small animals are subject to SMC Title 6, Animal Control Regulations.

B. Small animals which are kept exclusively indoors as household pets shall not be limited in number, except as may be provided in SMC Title 6. Other small animals, excluding cats kept indoors as household pets, shall be limited to five, of which not more than four may be unaltered cats and dogs. Cats kept indoors shall not be limited in number.

C. Other small animals, including adult cats and dogs, shall be limited to three per household on lots of less than 20,000 square feet, five per household on lots of 20,000 to 35,000 square feet, with an additional two per acre of site area over 35,000 square feet up to a maximum of 20, unless more are allowed as an accessory use pursuant to subsection (F) of this section; provided, that all unaltered animals kept outdoors must be kept on a leash or in a confined area, except as authorized for a kennel or cattery.

D. Excluding kennels and catteries, the total number of unaltered adult cats and/or dogs per household shall not exceed three.

E. Animals considered to be household pets shall be treated as other small animals, when they are kept for commercial breeding, boarding or training.

F. Small animals and household pets kept as an accessory use outside the dwelling shall be raised, kept or bred only as an accessory use on the premises of the owner, or in a kennel or cattery approved through the conditional use permit process, subject to the following limitations:

1. Birds shall be kept in an aviary or loft that meets the following standards:

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

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

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

2. Small animals other than birds shall be kept according to the following standards:

a. All animals shall be confined within a building, pen, aviary or similar structure.

b. Any covered structure used to house or contain such animals shall maintain a distance of not less than 10 feet to any property line.

c. Rabbits are limited to a maximum of one animal per one square foot of structure used to house such animals, up to a maximum of 2,000 square feet.

d. Hamsters, nutria and chinchilla are limited to a maximum of one animal per square foot of structure used to house such animals, up to a maximum of 2,000 square feet.

e. Beekeeping is limited as follows:

i. Beehives are limited to four hives on sites less than 20,000 square feet;

ii. Hives must be at least 25 feet from any property line;

iii. Must register with the Washington State Department of Agriculture;

iv. Must be maintained to avoid overpopulation and swarming.

f. Prohibited Animals. The keeping of mink, foxes, and/or hogs shall be prohibited. (Ord. 406 § 1, 2006; Ord. 238 Ch. IV § 3(B), 2000).

-B-

20.40.250 Bed and breakfasts.

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

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

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

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

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

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

20.40.260 Boarding houses.

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

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

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

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

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

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

-C-

20.40.270 Cemeteries and columbariums.

Cemeteries and columbariums:

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

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

20.40.280 Community residential facilities I and II.

Repealed by Ord. 352. (Ord. 299 § 1, 2002; Ord. 238 Ch. IV § 3(B), 2000).

20.40.290 Conference center.

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

20.40.300 Cottage housing.

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

20.40.310 Court.

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

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

-D-

20.40.320 Daycare facilities.

A. Daycare I facilities are permitted in R-4 through R-12 zoning designations as an accessory to residential use, provided:

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

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

B. Daycare II facilities are permitted in R-8 and R-12 zoning designations through an approved conditional use permit, provided:

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

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

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

20.40.330 Dormitory.

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

20.40.340 Duplex.

Duplex may be permitted in R-4 and R-6 zones subject to compliance with dimensional and density standards for applicable R-4 or R-6 zone and subject to single-family residential design standards.

Two or more duplexes are subject to multifamily and single-family attached residential design standards. (Ord. 299 § 1, 2002; Ord. 238 Ch. IV § 3(B), 2000).

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20.40.350 Eating and drinking establishments.

Eating and drinking establishments are permitted in residential zones R-4 through R-48 only by conditional use permit and permitted in NB, O, CB, and MUZ zones, provided gambling uses as defined in this Code are not permitted. (Ord. 560 § 3 (Exh. A), 2009; Ord. 258 § 6, 2000; Ord. 238 Ch. IV § 3(B), 2000).

-F-

20.40.360 Fire facility.

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

B. No outdoor storage; and

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

20.40.370 Funeral home/crematory.

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

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20.40.372 Gambling.

A. Gambling uses are not permitted.

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

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

20.40.380 Golf facility.

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

20.40.390 Group homes.

See Community Residential Facilities I and II. (Ord. 238 Ch. IV § 3(B), 2000).

-H-

20.40.400 Home occupation.

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

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

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

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

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

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

1. Automobile, truck and heavy equipment repair;

2. Auto body work or painting; and

3. Parking and storage of heavy equipment.

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

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

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

F. Sales shall be limited to:

1. Mail order sales; and

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

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

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

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

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

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

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

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

3. Fluctuations in line voltage off premises; or

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

J. Home occupations that are entirely internal to the home; have no employees in addition to the resident(s); have no deliveries associated with the occupation; have no on-site clients; create no noise or odors; do not have a sign; and meet all other requirements as outlined in this section may not require a home occupation permit.

Note: Daycares, community residential facilities such as group homes, bed and breakfasts and boarding houses are regulated elsewhere in the Code. (Ord. 581 § 1 (Exh. 1), 2010; Ord. 352 § 1, 2004; Ord. 299 § 1, 2002; Ord. 238 Ch. IV § 3(B), 2000).

20.40.410 Hospital.

A. When located in residential, office and neighborhood business zones, allowed only as a re-use of a surplus nonresidential facility; and

B. No burning of refuse or hazardous waste; and

C. No outdoor storage when located in a residential zone. (Ord. 238 Ch. IV § 3(B), 2000).

-I-

20.40.420 Interim recycling facility.

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

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

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20.40.430 Kennels and catteries.

Kennels and catteries are subject to the following requirements:

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

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

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

20.40.435 Library adaptive reuse.

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

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

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20.40.440 Manufactured homes.

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

20.40.450 Medical office/outpatient clinic.

A. Only allowed in residential zones as a re-use of a public school facility or a surplus nonresidential facility; and

B. No outdoor storage when located in a residential zone. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.460 Mobile home parks.

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

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

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

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

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

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

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

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

I. Accessory structures shall be located no closer than:

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

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

3. Five feet to the mobile home or other accessory structures on the same space, except a carport or garage may be attached to the mobile home, and the separation may be waived when such structures are constructed of noncombustible materials.

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

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

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

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20.40.470 Performing arts companies/theaters.

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

20.40.480 Public agency or utility office.

A. Only as a re-use of a public school facility or a surplus nonresidential facility; or

B. Only when accessory to a fire facility and the office is no greater than 1,500 square feet of floor area; and

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

20.40.490 Public agency or utility yard.

Public agency or utility yards are permitted provided:

A. Utility yards only on sites with utility district offices; or

B. Public agency yards are limited to material storage, vehicle maintenance, and equipment storage for road maintenance, facility maintenance, and parks facilities. (Ord. 299 § 1, 2002; Ord. 238 Ch. IV § 3(B), 2000).

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20.40.495 Recreational vehicle.

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

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

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

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

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

E. RV may not be parked in yard setbacks;

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

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

H. Recreational vehicles shall not use generators;

I. Any deviation from time limits, number of occupancies per year, and number of recreational vehicles allowed may be proposed through a temporary use permit, SMC 20.40.540. (Ord. 301 § 1, 2002).

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20.40.500 School bus base.

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

20.40.505 Secure community transitional facility.

A. Permitted as an SCTF Special Use-Type C action, granted by the City Council in the mixed-use and industrial zones provided:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20.40.510 Single-family attached dwellings.

A. Single-family attached dwellings include triplexes and townhouses.

B. Single-family attached dwellings in R-4 and R-6 zones shall comply with applicable R-4 and R-6 dimensional and density standards, and multifamily residential design standards.

C. Single-family attached dwellings shall comply with one or more of the following:

1. The development of the attached dwelling units enable protection and retention of windfirm trees; or

2. The development of the attached dwelling units enable preservation of scenic vistas; or

3. The development of the attached dwelling units enable creation of buffers along fish and wildlife habitat conservation areas and wetlands; or

4. The development of the attached dwelling units enable creation of buffers among incompatible uses; or

5. The development of the attached dwelling units protects slopes steeper than 15 percent; or

6. The development of the attached dwelling units would allow for retention of natural or historic features.

D. The single-family attached dwelling development shall not result in greater density than would otherwise be permitted on site. (Ord. 238 Ch. IV § 3(B), 2000).

20.40.520 Specialized instruction school.

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

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

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

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

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

C. On lots over 2.5 acres:

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

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

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

20.40.530 Street vacation.

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

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20.40.535 Tent city.

A. Allowed only by temporary use permit.

B. Prior to application submittal, the applicant is required to hold a neighborhood meeting as set forth in SMC 20.30.090. A neighborhood meeting report will be required for submittal. (Ord. 368 § 2, 2005).

20.40.540 Temporary use.

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

20.40.550 Transit park and ride lot.

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

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

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

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

20.40.560 Trucking and courier service.

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

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20.40.570 Unlisted use.

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

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

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

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

20.40.580 Utility facility.

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

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20.40.590 Veterinary clinics and hospitals.

Veterinary clinics and hospitals are permitted under the following provisions:

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

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

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

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

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20.40.600 Wireless telecommunication facilities/satellite dish and antennas.

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

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

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

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

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

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

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

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

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

9. Earth station antenna(s) two meters or less in diameter and located in the NB, CB, MUZ, O, or I zones.

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

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

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

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

1. Guyed towers.

2. Roof-mounted lattice towers.

C. Permit Requirements.

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


	Type of Permit
Type of WTF	Building	Conditional Use (CUP)	Special Use (SUP)	Rights-of-Way Use
Building-mounted and structure-mounted wireless telecommunication facilities and facilities co-located onto existing tower	X			X (if applicable)
Ground-mounted camouflaged lattice towers and monopoles	X	X		X (if applicable)
Ground-mounted uncamouflaged lattice towers and monopoles	X		X	X (if applicable)

D. Building-Mounted Wireless Telecommunication Facilities Standards.

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

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

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

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

E. Ground-Mounted Wireless Telecommunication Facilities Standards.

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

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


Zone	Maximum Height	Setbacks
All Residential Zones: R‑4 – R-48	Maximum height specified for each zone.	Minimum 50 feet from all adjacent residentially zoned properties. Minimum of 30 feet from any public right-of-way.
All Commercial Zones: (NB, CB, MUZ and O)	Maximum height specified for each zone.	Minimum 30 feet from all adjacent commercially zoned properties and 50 feet from all adjacent residentially zoned properties. Minimum of 30 feet from any public right-of-way.
Industrial Zone (I)	Maximum height specified for the zone.	Minimum 20 feet from all adjacent industrially zoned properties, 30 feet from all adjacent commercially zoned properties and 50 feet from all adjacent residentially zoned properties. Minimum of 30 feet from any public right-of-way.

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

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

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

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

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

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

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

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

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

F. Structure-Mounted Wireless Telecommunication Facilities Standards.

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

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

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

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

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

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

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

d. A notice of decision issued for a right-of-way permit shall be distributed using procedures for an application. Parties of record may appeal the approval to the Hearing Examiner but not the denial of a permit.

G. General Siting Criteria.

1. The City of Shoreline encourages wireless telecommunication providers to plan more frequent, less conspicuous sites instead of attempting to stretch desirable range through use of taller than necessary towers.

2. The City of Shoreline believes that specific types of wireless telecommunication facilities are better placed in some locations of the City than in others. The City of Shoreline is committed to preserving those locations for existing and future carriers, and to avoid over development (saturation) of any prime location with WTFs. The City may request feasibility studies associated with applications for ground-mounted WTF which demonstrate that locations on existing structures have been explored as the preferred alternative.

3. The development of single-user WTFs tends to use up those few prime locations more quickly than if all these facilities were co-located. Generally, co-location on existing towers and attachment of antenna to existing structures and buildings are encouraged by less complex permit procedures.

4. Co-location shall be encouraged for all personal wireless service facility applications.

a. To the greatest extent that is technically feasible, new applicants shall be required to build mounts capable of accommodating at least one other carrier.

b. Co-locations shall be reviewed by the City on the basis of the site being built out (all available mounting capacity in use).

c. Any WTF that requires an SUP under the provisions of this chapter shall be separated by a minimum of 1,000 feet from any other facility requiring an SUP, unless located within an area designated as a prime wireless location by the City of Shoreline.

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

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

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

H. Modification. From time to time, the applicant and/or co-applicant may want to alter the terms of the CUP or SUP by modifying specific features of the WTF. If any of the following changes are proposed or occur, such modifications must be submitted to the City of Shoreline as a renewal of the CUP or SUP. This provision shall not apply to routine maintenance of WTF, including “in-kind” replacement.

1. Addition to, or replacement of, any equipment specified in the original design submittals.

2. Change of the WTF design as specified in the original permit submittals.

I. Abandonment or Discontinuation of Use.

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

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

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

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

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

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

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

J. Maintenance.

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

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

20.40.610 Work release facility.

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