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A. Title. This section applies to the clear zone (CZ), air corridor 1 (AC1), and air corridor 2 (AC2) zone classifications.

B. The intent of the City and the purpose of this chapter are to:

1. Regulate, in a manner consistent with the rights of individual property owners and the requirements of military operations at Joint Base Lewis-McChord (JBLM), development of uses and structures that are incompatible with military operations;

2. Sustain the economic health of the City and the south Puget Sound;

3. Protect and preserve the public health, safety and welfare from the adverse impacts associated with high levels of noise from flight operations at McChord Field JBLM and the potential for aircraft accidents associated with proximity to airport operations;

4. Ensure that the construction of residential use group buildings or portions thereof, located within those areas of Lakewood likely to be affected by aircraft noise associated with flight operations at JBLM, provide for appropriate sound reduction to minimize the impact of such noise on occupants.

5. Maintain the overall quality of life of those who live, work and recreate in the City of Lakewood.

C. Findings.

1. Joint Base Lewis-McChord (JBLM) was first established as Camp Lewis in 1917 when the citizens of Pierce County voted to buy 68,721 acres of land and donate it to the federal government for use as a permanent army post. In 1927, the county passed a bond measure to establish an airfield just north of the military reservation. The airfield, named Tacoma Field, officially opened March 14, 1930, and was later renamed McChord Field in 1940 in honor of Colonel William McChord. The field became independent of Fort Lewis in 1947 after the U.S. Air Force was established as a separate service, and was redesignated McChord Air Force Base (AFB) on January 1, 1948. On February 1, 2010, Joint Base Lewis-McChord (JBLM) was established in accordance with congressional legislation implementing the recommendations of the 2005 Base Realignment and Closure Commission;

2. JBLM provides over fifty thousand (50,000) service member jobs, supports over one hundred twenty-five thousand (125,000) military retirees and more than thirty-two thousand (32,000) family members living both on and off-base. JBLM alone is the second largest employer in Washington State, representing two (2) percent of the state’s GDP and thirty-four (34) percent of Pierce County’s economy. JBLM is the seventh largest city in the State of Washington and a West Coast power projection platform;

3. There are hundreds of acres of land located within the confines of the City of Lakewood designated as Clear Zone (CZ), Accident Potential Zones I and II (APZ I and APZ II). Some of the lands located in the Clear Zone are encumbered by easements or restrictive covenants that limit the uses of the land to those that are not incompatible with flight operations arising out of JBLM; however, these easements/covenants have not always been enforced;

4. Since the installation’s inception, development of a type deemed incompatible under the JBLM’s AICUZ Program has occurred;

5. Of greatest concern is the presence of incompatible land uses in the Clear Zone. There are existing uses on the western and eastern edges of the Clear Zone that are incompatible, including industrial uses and storage condominium units (individual, privately owned storage units). The majority of these uses are nonconforming uses built before the City of Lakewood adopted a Clear Zone zoning designation in 2001. The Clear Zone zoning designation prohibits most uses; however, it allows for established nonconforming uses to continue and allows for the potential development of some new land uses;

6. The closure or realignment of JBLM would have serious adverse economic consequences to the City and the region;

7. In 2014, the South Sound Military Communities Partnership (SSMCP) joined with the Office of Economic Adjustment, Pierce and Thurston counties, and surrounding municipalities to craft a regional land use study (JLUS). In October 2015, the SSMCP Elected Officials Council, of which the City of Lakewood is a member, unanimously accepted the JBLM JLUS. Among the recommendations of the JLUS was that the City of Lakewood would consider the following: incorporating land use compatibility in updates to its comprehensive plan; establishing or strengthening the permitting process for structures that could pose risks to aviation operations; consider the use of disclosure, deed restrictions, hold harmless agreements, etc., to address aircraft safety and noise; incorporating specific land use compatibility requirements into local zoning codes and ordinances (e.g., density or height limits in sensitive areas); and incorporating considerations of aircraft safety and military operational noise into local jurisdiction planning and permitting processes.

D. Air Corridor and Clear Zone Land Use Table. See LMC 18A.40.130(E) for development and operating conditions. See LMC 18A.10.120(D) for the purpose and applicability of zoning districts.

Land Use Categories

AC1

AC2

CZ

Density

Existing Uses

Continuation of conforming uses and structures already legally existing within the zone at the time of adoption of this chapter. Maintenance, repair, and alteration/addition of existing conforming structures shall be permitted.

P

P

N/A

Alteration or modification of nonconforming existing uses and structures. (Subject to LMC 18A.40.130(E)(4) and Chapter 18A.20 LMC, Article II, Nonconforming Uses and Structures.)

Director/HE

Director/HE

N/A

Adult family home: Alteration or modification of existing residential structure for use as an adult family home. Not subject to intensity of use criteria, LMC 18A.40.130(E)(1); and subject to the Washington State Building Codes, as amended.

P

P

N/A

Agriculture and Natural Resources

Agriculture

N/A

Agriculture, clear zone

P

N/A

Agriculture, home

P

P

N/A

Natural resource extraction/recovery

C

C

Maximum FAR of 0.28 in AC1, no activity which produces smoke, glare, or involves explosives.

Research, scientific (small scale)

C

P

Office use only. Maximum FAR of 0.22 in AC1 and AC2.

Undeveloped land

P

P

P

N/A

Residential Uses

Accessory caretaker’s unit

N/A

Accessory dwelling unit

N/A

Cottage housing

N/A

Cohousing (dormitories, fraternities and sororities)

N/A

Detached single-family structure(s) on lot less than 20,000 square feet

N/A

Detached single-family structure(s) on lot greater than 20,000 square feet

P

N/A

Foster care facilities

N/A

Two-family residential structure(s), attached or detached dwelling units

N/A

Three-family residential structure(s), attached or detached dwelling units

N/A

Multifamily structure(s), 4 or more residential units

N/A

Mixed use

N/A

Home occupation

P

P

N/A

Mobile home parks

N/A

Mobile and/or manufactured homes, in mobile/manufactured home parks

N/A

Rooms for the use of domestic employees of the owner, lessee, or occupant of the primary dwelling

P

N/A

Child care facility

N/A

Child day care center

N/A

Family day care provider

N/A

Special Needs Housing (Essential Public Facilities)

Type 1 group home

N/A

Type 2 group home

N/A

Type 3 group home

N/A

Type 4 group home

N/A

Type 5 group home

N/A

Assisted living facilities

N/A

Emergency housing

N/A

Emergency shelter

N/A

Permanent supportive housing

N/A

Transitional housing

N/A

Continuing care retirement community

N/A

Hospice care center

N/A

Enhanced services facility

N/A

Nursing home

N/A

Commercial and Industrial Uses

Building and landscape materials sales

P

P

Maximum FAR of 0.28 in AC1 and 0.56 in AC2.

Building contractor, light

P

P

Maximum FAR of 0.28 in AC1 and 0.56 in AC2.

Building contractor, heavy

C

Maximum FAR of 0.11 in AC1 and 0.22 in AC2.

Business support service

P

Maximum FAR of 0.22 in AC1.

Catering service

P

P

Maximum FAR of 0.22 in AC2.

Construction/heavy equipment sales and rental

C

C

Maximum FAR of 0.11 in AC1; and 0.22 in AC2.

Equipment rental

P

P

Maximum FAR of 0.11 in AC1; and 0.22 in AC2.

Furniture, furnishings, appliance/equipment store

C

Maximum FAR of 0.28 in AC1.

Handcraft industries, small-scale manufacturing

P

P

Maximum FAR of 0.28 AC1; Maximum FAR of 0.56 in AC2.

Kennel, animal boarding

P

P

Maximum FAR of 0.11 AC1; Maximum FAR of 0.22 in AC2.

Laundry, dry cleaning plant

P

Maximum FAR of 0.22 in AC2.

Live/work and work/live units

N/A

Maintenance service, client site services

P

P

Maximum FAR of 0.22 in AC2.

Manufacturing, assembling and packaging, light

P

P

Maximum FAR of 0.28 in AC1 and 0.56 in AC2.

Military installations

P

P

P

N/A

Mobile home, RV, and boat sales

C

C

Maximum FAR of 0.14 in AC1 and 0.28 in AC2.

Office, business services

P

P

Maximum FAR of 0.22 in AC2.

Office, professional

P

Maximum FAR of 0.22 in AC2.

Places of assembly

N/A

Personal services

P

Office uses only. Maximum FAR of 0.11 in AC2.

Small craft distillery

P

Maximum FAR 0.56 in AC2.

Storage, personal storage facility

P

P

Maximum FAR of 1.0 in AC1; 2.0 in AC2.

Vehicle services, minor maintenance/repair

P

P

Maximum FAR of 0.11 AC1; 0.22 in AC2.

Vehicle storage

C

C

Maximum FAR of 0.28 in AC1 and 0.56 in AC2.

Warehouse retail

P

Maximum FAR of 0.16 in AC2.

Warehouse

P

P

Maximum FAR of 1.0 in AC1; 2.0 in AC2.

Wholesaling and distribution

P

P

Maximum FAR 0f 0.28 in AC1 and 0.56 in AC2.

Wildlife preserve or sanctuary

P

P

N/A

Eating and Drinking Establishments

Bar/tavern

N/A

Brewery, brew pub

N/A

Mobile food vending facility

P

P

N/A

Night club

N/A

Restaurant, café, coffee shop, counter ordering

N/A

Restaurant, café, coffee shop, drive-through services

N/A

Restaurant, café, coffee shop, table service

N/A

Restaurant, café, coffee shop, outdoor dining

N/A

Restaurant, café, coffee shop, serving alcohol

N/A

Tasting room

N/A

Lodging

Bed and breakfast guest houses

N/A

Hostels

N/A

Hotels and motels

N/A

Recreational vehicle parks

N/A

Transportation

Parking facilities (surface)

P

P

N/A

Parking facilities (structured)

N/A

Streets with pedestrian and bicycle facilities

P

P

N/A

Transit park and ride lots

P

P

N/A

Transit shelter

P

P

N/A

Utilities

Above-ground electrical distribution lines, pipes, and support poles, transformers, and related facilities, not including substations

P

P

N/A

Underground electrical distribution lines, pipes, and support poles, transformers, and related facilities, not including substations

P

P

P

N/A

Electrical distribution substations

P

P

N/A

Electrical transmission lines of 115 kV or less and support poles

P

P

N/A

Electric vehicle battery charging stations

P

P

N/A

Above-ground natural gas conveyance facilities

N/A

Underground natural gas conveyance facilities

P

P

P

N/A

Potable water conveyance facilities

P

P

N/A

Potable water storage facilities

C

P

N/A

Storm water collection and conveyance facilities

P

P

P

N/A

Storm water detention/retention facilities

P

P

C

N/A

Telecommunications earth receiving stations (satellite dishes)

P

P

N/A

Telecommunications lines, pipes, support poles and related facilities, not including earth receiving stations, personal wireless service, transmission/receiving/relay facilities, or switching facilities

P

P

N/A

Telecommunications switching facilities

P

P

N/A

Telecommunications transmission/receiving/relay facilities

P

N/A

Waste water conveyance facilities

P

P

P

N/A

Wireless communication facilities (WCFs)

P

P

N/A

Essential Public Facilities

Airport (American Lake Seaplane Base)

N/A

Community and technical colleges, colleges and universities

N/A

Correctional facilities

N/A

Electrical transmission lines of higher voltage than 115 kV, in existing corridors of such transmission lines

C

N/A

Electrical transmission lines of higher voltage than 115 kV, in new corridors

N/A

Group home

N/A

In-patient facility including but not limited to substance abuse facility

C

N/A

Intercity high-speed ground transportation

N/A

Intercity passenger rail service

N/A

Interstate Highway 5 (I-5)

P

N/A

Mental health facility

N/A

Military installation

P

P

P

N/A

Minimum security institution

N/A

Secure community transition facility (SCTFs)

N/A

Solid waste transfer station

N/A

Sound Transit facility

N/A

Sound Transit railroad right-of-way

N/A

Transit bus, train, or other high capacity vehicle bases

N/A

Washington State Highway 512

P

N/A

Work/training release facility

N/A

Director: Community and Economic Development Director

HE: Hearing Examiner

P: Permitted Use C: Conditional Use “–”: Not Allowed N/A: Not Applicable

Applications for all uses must comply with subsection E of this section’s general requirements.

E. Operating and Development Conditions.

1. In addition to the other requirements of this chapter, the intensity of use criteria are applicable to all new land uses in the CZ, AC1, and AC2 zoning districts and shall be used to determine compatibility of proposed uses with aircraft operations hazards. The applicant shall bear the burden of proof to demonstrate compliance of a proposed development with the following intensities of uses:

a. Within the CZ zoning district, the total number of people on a site at any time shall not exceed one (1) person per four thousand three hundred fifty-six (4,356) square feet of gross site area, or ten (10) persons per acre.

b. Within the AC1 zoning district, the total number of people on a site at any time shall not exceed one (1) person per one thousand seven hundred forty-two (1,742) square feet of gross site area, or twenty-five (25) persons per acre.

c. Within the AC2 zoning district, the total number of people on a site at any time shall not exceed one (1) person per eight hundred seventy-one (871) square feet of gross site area, or fifty (50) persons per acre.

2. In addition to other requirements of the code, the following performance criteria shall be used to determine the compatibility of a use, project design, mitigation measures and/or any other requirements of the code with respect to aircraft operation hazards in the CZ, AC1 and AC2 zoning districts. The applicant shall bear the burden of proof to demonstrate compliance of a proposed development with the following performance criteria:

a. Any new use which involves release of airborne substances, such as steam, dust, and smoke that may interfere with aircraft operations is prohibited.

b. Any new use which emits light or direct or indirect reflections that may interfere with a pilot’s vision is prohibited.

c. Any new use that creates an undue hazard to the general health, safety and welfare of the community in the event of an aircraft accident in these zoning districts is prohibited.

d. Facilities which emit electrical currents shall be installed in a manner that does not interfere with communication systems or navigational equipment.

e. Any new use which attracts concentrations of birds or waterfowl, such as mixed solid waste landfill disposal facilities, waste transfer facilities, feeding stations, and the growth of certain vegetation, is prohibited.

f. Structures are prohibited within one hundred (100) feet of the aircraft approach-departure or transitional surfaces.

3. Noise Attenuation. Provisions for noise mitigation shall apply to all buildings or structures constructed or placed in use for human occupancy on sites within the clear zone (CZ), air corridor 1 (AC1), and air corridor 2 (AC2) zoning districts, which are located within the sixty-five (65) Ldn Noise Contour or higher, as shown in the Final Air Installation Compatible Use Zone (AICUZ) Study Update, Joint Base Lewis-McChord, May 2015, and on file with the Community and Economic Development Department.

a. Noise Insulation Required. Those portions of new structures where the public is received or offices are located must be constructed with sound insulation or other means to achieve a day/night interior noise level (Ldn) of no greater than forty-five (45) dB. A remodeling project where the total cost of improvements is twenty-five (25) percent or more of the valuation of the existing building is subject to these standards.

b. Sound Isolation Construction. A building will generally be considered acceptable by the Building Official if it incorporates the applicable features described in LMC Title 15. Alternate materials and methods of construction may be permitted, if such alternates are demonstrated to the satisfaction of the Building Official to be equivalent to those described.

c. Acoustical Analysis and Design Report. The applicant may elect to have a qualified architect or engineer examine the noise levels and needed building sound isolation requirements for a specific site. The analysis and design report signed by and prepared under the supervision of a qualified architect or engineer shall be submitted with the application for building permit. The report shall show the topographical relationship of the aircraft noise sources and the building site, identification of noise sources and their characteristics, predicated noise spectra at the exterior of the proposed building structure, basis for the predication (measured or obtained from published data), and effectiveness of the proposed construction showing that the prescribed interior day-night sound level is met.

d. Exemptions.

i. Additions under five hundred (500) square feet that are not used for sleeping rooms;

ii. A remodeling project where the total cost of improvements is less than twenty-five (25) percent of the existing building valuation;

iii. The noise standards in subsection (E)(3) of this section shall not apply to the construction of buildings or structures in the Air Installation Compatible Use Zone (AICUZ) Study for McChord Field with less than sixty-five (65) dB DNL.

e. Noise Disclosure Statement. Prior to the issuance of a building permit for new construction or remodeling where the total cost of improvements is twenty-five (25) percent or more of the valuation of the existing building, the property owner shall sign a noise disclosure statement and record the statement with the title of the property. The noise disclosure statement acknowledges that the property is located within the sixty-five (65) Ldn contour, as indicated on Noise Contour Map for McChord AFB as shown in the AICUZ study, and that noise attenuation is required of any new construction or remodeled structure where it meets the threshold.

4. Nonconforming Buildings and Structures.

a. Any residential use group building, and any assembly, business, educational, institutional or mercantile use group building or structure or portion thereof, which lawfully existed on the date of adoption of this section and which is not in conformity, shall be deemed nonconforming and subject to Chapter 18A.20 LMC, Article II, Nonconforming Uses and Structures.

i. Exceptions to residential use group buildings. A one-time addition/expansion of no more than two hundred (200) square feet of conditioned space shall be permitted.

b. Any extension, enlargement, relocation, reconstruction or substantial alteration of a nonconforming residential use group building, and any assembly, business, educational, institutional or mercantile use group building or structure or portion thereof, shall be subject to the acoustical performance standards as set forth in LMC Title 15 unless otherwise modified by the Building Official pursuant to applicable provisions of the Washington State Building Code. [Ord. 794 § 2 (Exh. A), 2023; Ord. 789 § 2 (Exh. A), 2023; Ord. 772 § 2 (Exh. A), 2022; Ord. 726 § 2 (Exh. B), 2019.]