18A.60.090 General standards | Lakewood Municipal Code

18A.60.090 General standards.

1. Development shall be permitted only on a legally created lot.

2. To establish that a lot has been legally created, the applicant shall provide one (1) of the following:

a. A copy of a recorded formal plat, short plat, or subdivision approved by Pierce County or the City of Lakewood pursuant to Chapter 58.17 RCW separately describing the lot.

b. A copy of the recorded boundary line adjustment or lot combination approved by Pierce County or the City of Lakewood separately describing the lot.

c. Documentation that the creation of the lot was exempt from the provisions of the Pierce County or City of Lakewood subdivision regulations.

d. A deed, contract of sale, mortgage, recorded survey, or tax segregation executed prior to August 13, 1974, that separately describes the lot.

3. Where two (2) or more lots are used as a building site, the lots shall be legally combined to form a single lot prior to issuance of a building permit. No building permit shall be issued where the subject building, associated accessory buildings, or required improvements, other than shared access or parking facilities, cross a property line.

4. The minimum width for all lots shall be fifty (50) feet except for lots created within the MR2 zoning district, which are governed by LMC 18A.60.030(A).

5. The minimum street frontage for all lots shall be fifty (50) feet, except flag lots and irregular lots as specified elsewhere in this section.

6. There shall be a maximum length to width ratio of four (4) to one (1) for all new lots. The Director may waive this requirement where lot configurations are limited by the circumstances of the original parcel.

7. The shape of the new lot shall conform to the general lot shapes described in this section unless the City determines that a specific topographic feature makes a standardized lot shape not feasible. In such cases, variations of general lot shapes shall be the minimum necessary to accommodate the topographic feature and shall not create extra-long lots, lots with extended projections, excluding flag lots, or unusual lot shapes which make meeting development standards difficult. The presence of a topographic feature does not require the City to consider or approve variances to lot shape.

8. No land may be so reduced in area that it would be in violation of minimum lot size, yard provisions, lot coverage, off-street parking or any other requirements of the zoning district or use.

9. On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of three (3) feet and nine (9) feet above the grade of the centerline of each intersecting street, and a line joining points along the street lines twenty (20) feet from the point of the intersection. See Figure 2 for reference.

B. Setbacks and Lot Lines. Setbacks shall be measured from the property line of a lot to the wall line of a building or the exterior perimeter of a structure. A property line is a line of record bounding a lot that divides one (1) lot from another lot or from a public or private street right-of-way or any other private or public space.

1. Front lot line shall be that portion of a lot line abutting a street right-of-way.

2. Interior lot line shall be any lot line other than a front or rear lot line.

3. Rear lot line shall be that lot line opposite and most distant from the front lot line, and which runs most parallel to the front lot line.

4. Where the zoning district has a garage/carport setback requirement, that portion of the structure that acts as the vehicle entrance to the garage or carport portion of the structure, shall be set back from the property line as required by the zoning district to allow for vehicle parking and maneuvering. See Figure 3 for reference.

5. All lots shall contain at least one (1) front yard setback, except flag lots. A front yard setback shall be required abutting each right-of-way on corner lots and through lots. All lots shall contain one (1) rear yard setback except for through and flag lots. All other setbacks will be considered interior yard setbacks.

6. Standard Lots. A standard lot is a lot that has only one (1) front lot line and one (1) rear lot line, and two (2) interior lot lines.

7. Corner Lots. If a lot abuts the intersection of two (2) or more street rights-of-way, a front yard setback is required abutting each right-of-way. This requirement is also applicable to a lot fronting a single right-of-way that simulates a corner lot. The minimum setbacks shall be the applicable front yard setback requirement on all sides with street frontage and the applicable interior setback on all remaining sides without street frontage. See Figure 4 for reference.

8. Through Lots. In the case of a through lot, a front yard setback is required abutting each street right-of-way.

9. Flag Lots. A flag lot shall have setbacks of a minimum of ten (10) feet from all property lines for both principal and accessory structures, except in R1 and R2 zoning districts where the minimum setbacks shall be fifteen (15) feet.

a. Flag lots in residential zones (R1, R2, R3, R4, MR1, MR2, MF1, MF2, MF3) shall have a minimum frontage of twenty (20) feet on a public road or street from which access is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of twenty (20) feet in width.

b. Flag lots in nonresidential zones (ARC, NC1, NC2, C1, C2, TOC, CBD, IBP, I1, I2, AC1, AC2, OSR1, OSR2) shall have a minimum frontage of twenty-four (24) feet on a public road or street from which an accessway is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of twenty-four (24) feet in width.

10. Irregular Lots. Where the shape of a lot does not generally conform to the types of lots described above, the City shall make a determination on the location of front, rear, and interior lot line, applicable setbacks and the applicable development standards for the lot. See Figure 5 for reference.

a. In the case of triangular or otherwise irregularly shaped lots, a line at least ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line may be considered to be the rear lot line at the City’s discretion.

b. In the case of an interior or “landlocked” lot or other irregular lot that does not meet the minimum frontage required for access, the street frontage width standards shall be the same as those required for flag lots. Minimum setbacks shall be the setbacks of the zoning district in which the lot is located.

a. Fireplace structures, cornices, eaves, canopies, sunshades, gutters, chimneys, sills, lintels, bay or garden windows, ornamental features or similar architectural elements may project into any setback, provided such projections are:

i. Not wider than ten (10) feet for each wall projection.

ii. Not more than two (2) feet into an interior, front, or rear yard setback.

b. Porches, decks, and other structures which do not exceed thirty (30) inches height from the finished lot grade may project into any setback, provided such projections do not extend more than three (3) feet into a front, rear, or interior yard setback.

c. Steps may project into any setback, provided such projections do not extend more than three (3) feet into the setback.

d. A wheelchair ramp may project up to half of the distance into any required setback; provided, that it does not obstruct the sight distance of a driveway or a street.

12. Fences Within the Required Setbacks or Located on the Property Line. Fences to enclose, screen, or separate areas may be erected within required yard setbacks; provided, that fences or other barriers:

a. Do not obstruct the sight distance of a driveway, private street, or public street.

b. Do not exceed a maximum height of six (6) feet within the interior and rear yards.

c. Do not exceed a maximum height of four (4) feet within the front yard;

i. Except that within the back half of a front yard setback on a corner lot, the rear lot line and the rear of the structure may be enclosed with a maximum six (6) foot high fence, and

ii. Except that within the required front yard setback of a lot fronting on a principal arterial street, the maximum height shall be six (6) feet, and

iii. Except as allowed in conjunction with a design review permit application for commercial/industrial development, the maximum height permitted outright shall be six (6) feet. Any fence exceeding six (6) feet in height shall first obtain a variance and building permit.

d. In residential zoning districts, are not constructed of barbed wire, razor wire, embedded glass, or other similar materials, construction, or anti-entry techniques that may cause injury.

e. Electric Fences. The construction and use of electric fences shall be allowed pursuant to a director’s determination in the C1, C2, C3, TOC, IBP, I1, I2 and P/I zones, subject to the following standards:

i. Permit. Prior to the installation or use of any electrified fence, the property owner or tenants of the property upon which such fencing will be installed or used shall submit a completed director’s determination application for review of such fencing as a building permit review to receive approval for the fence and electrical permits for the project. The application shall include:

(a) Site plan showing the location of the protective barrier and the electrified fence on the property in relation to the property lines, walkways, existing buildings, and curb;

(b) Fence details showing both the electrified fence and protective barrier, including all gates;

(c) All supporting documentation from the electric fence manufacturer, equipment to be used, and certification of service from the monitoring provider.

ii. IEC Standard 60335-2-76. Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76.

(a) The energizer for electric fences must be driven by a commercial storage battery or batteries not to exceed twelve (12) volts DC. The storage battery is charged primarily by a solar panel. However the solar panel may be augmented by a commercial trickle charger.

(b) The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in Paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76.

iv. Perimeter Fence or Wall. No electric fence shall be installed or used unless it is completely surrounded by a nonelectrical fence or wall that is not less than six (6) feet tall.

(a) There shall be a space of four (4) to twelve (12) inches between the electric fence and the perimeter fence or wall.

(b) Electric fences shall be subject to the screening requirements of LMC 18A.70.150 when installed adjacent to or across a street or alley from a nonindustrial zone.

(c) Electric fences are subject to street frontage requirements prescribed in LMC Title 18A or 18B when installed along street frontage that is adjacent to or across the street from a nonindustrial zone.

(a) Electric fences shall be permitted on any nonresidential outdoor storage areas.

(b) Electric fences shall not be installed within one hundred fifty (150) feet of a property line for a residence, or from a school or day care facility, unless the exterior perimeter nonelectrified fence is covered with a solid covering (e.g., solid mesh, slats, etc.) to further prevent contact with the electric fence.

(c) Electric fences shall not be installed within five (5) feet of a sidewalk, trail or other pedestrian connection unless the exterior perimeter nonelectrified fence is covered with a solid covering.

vi. Height. Electric fences shall have a minimum height of eight (8) feet and a maximum of ten (10) feet.

vii. Warning Signs. Electric fences shall be clearly identified with warning signs that read: “Warning – Electric Fence” and contain icons that are universally understood at intervals of not less than thirty (30) feet.

viii. Electric fence burglar alarms shall be governed and permitted under Chapter 9.13 LMC.

ix. Hours of Activation. Electric fences must only be energized during hours when the public does not have legal access to the protected property, except when personnel is available on site to deactivate the electric fence.

(a) Electric fences shall have installed a key box system in accordance with the West Pierce Fire and Rescue standards.

(b) The electric fence controller and emergency key safe for the electric fence must be located in a single accessible location for the entire fence.

xi. Fire Department Registration. Prior to the installation or use of any electrified fence, the property owner or tenants of the property upon which such fencing will be installed or used shall submit a completed registration for such fencing to the Fire Department using forms provided by the Fire Chief.

xii. Indemnification. All applicants issued a permit to install or use an electric fence as provided in this chapter shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the City of Lakewood and its agents, officers, consultants, independent contractors and employees from any and all claims, actions or proceedings, including but not limited to those arising out of any personal injury, including death, or property damage caused by the electric fence.

xiii. Emergency Access. In the event that access by the West Pierce Fire and Rescue and/or Lakewood Police Department personnel to a property where a permitted electric fence has been installed, and is operating, is required due to an emergency or urgent circumstances, and the Knox Box or other similar approved device referred to in this section is absent or nonfunctional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the electric fence, the fire or police personnel shall be authorized to disable the electric fence in order to gain access to the property.

As a condition of permit issuance, all applicants issued permits to install or use an electric fence as provided in this section shall agree in writing to waive any and all claims for damages to the electric fence against the West Pierce Fire and Rescue and/or its personnel and the City of Lakewood and/or its personnel under such circumstances.

xiv. It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section.

13. Bulkheads and Retaining Walls. Any structure constructed and erected between lands of different elevations which is used to resist the lateral displacement of any material, control erosion, or protect structures may be placed within required yard setbacks to a maximum height of four (4) feet on front property lines and eight (8) feet on side and rear property lines, provided all applicable site distance requirements and building permit requirements are met. If more than one (1) retaining wall is used to terrace a slope, the minimum horizontal distance between the back edge of a lower wall and the front edge of an upper wall shall be two (2) feet.

14. Setbacks from Ingress/Egress Easements. No additional setback is required from easements.

C. Common Space. The common space shall be designed to ensure that the open space network addresses crime prevention through environmental design (CPTED) principles such as security and surveillance from residential units; provided, however, that existing buildings being converted to emergency housing, emergency shelter, permanent supportive housing or transitional housing shall not be required to make structural changes solely to comply with CPTED unless the relevant structural elements of the building are being altered as part of the conversion. Common recreational spaces shall be located and arranged to allow windows to overlook them.

1. Access control shall be applied, at the discretion of the City Engineer, to all street frontages to minimize traffic conflicts and where appropriate, to preserve on-street parking and promote nonmotorized modes of transportation.

2. Areas for ingress and egress for automobiles shall be designed in such a manner that adequate visibility is ensured.

3. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be located on lots as to provide safe and convenient access for servicing and required off-street parking.

1. Adequate paved vehicular maneuvering area shall be provided in front of any residential garage or carport. The minimum depth of paving shall be twenty (20) feet from the front of the garage or carport and the minimum width shall be the total width of the garage or carport vehicular access opening(s).

2. A storm water control plan shall be required for all residential development with a slope in excess of ten (10) percent on any portion of the lot that will be developed.

3. An erosion control plan shall be required for all residential development with a slope in excess of ten (10) percent on any portion of the lot that will be developed.

4. A geotechnical assessment shall be required for all residential development with a slope in excess of twenty (20) percent on any portion of the lot that will be developed.

1. For new developments and additions that are adjacent to a shoreline or a shoreline buffer, the following information shall be submitted as part of the project permit application:

a. A professional survey that contains and illustrates:

i. The lot boundaries.

ii. The ordinary high water mark.

iii. The applicable shoreline setbacks.

iv. The topographic lines at two (2) foot contours.

v. The location of building footprint.

vi. The elevation of all corners of the proposed structure.

vii. The location of any proposed docks/ramps and bulkheads.

viii. The location of all other existing and proposed structures on the site.

ix. The limits of proposed grading activity, soil disturbance and vegetation removal.

b. Sketch(es) showing proposed excavation, fill, and post-construction grade changes in relation to preconstruction grades.

c. An erosion control plan.

d. A storm water control plan.

e. A tree survey for entire lot and the location of all existing vegetation within the applicable shoreline setback, including riparian buffers.

2. Erosion control measures shall be in place and inspected prior to any grading activity on the site.

3. The shoreline setback for buildings, retaining walls, rockeries, stairways, and all other structures, except bulkheads, docks, boat ramps, and other in-water uses permitted under the shoreline regulations, shall be a minimum of fifty (50) feet horizontal distance from the ordinary high water mark, and this distance shall not be averaged.

4. No vegetation removal, excavation, fill, or landscaping shall be undertaken within the shoreline setback without first obtaining the appropriate shoreline permit(s) or a shoreline exemption letter from the Community and Economic Development Department.

1. No more than one (1) dwelling shall be permitted per lot in all single-family residential zoning districts, except as provided in LMC 18A.40.110(B)(1), or as may be allowed by the specific use regulations of a particular district.

2. Except as provided in LMC 18A.60.160, recreation and sporting vehicles shall not be used for dwelling purposes in any zoning district, and shall be subject to the requirements of Chapter 18A.60 LMC.

3. Tents, yurts, membrane or rigid canopies, or other similar structures shall not be placed or maintained in any commercial or industrial zoning district, except with the written authorization of the Director. The Director shall evaluate any such proposal against the development standards and community design guidelines pertinent to the applicable zoning district.

4. No motor vehicle, which is advertised for sale, shall be parked in any location for more than twenty-four (24) hours in a manner intended to facilitate that sale, except on residential property where the registered owner resides, or in conjunction with a permitted auto and vehicle sales use type.

5. Outdoor commercial activities shall be prohibited except for those uses and activities that are allowed as a primary permitted use or by discretionary permit under this title. [Ord. 794 § 2 (Exh. A), 2023; Ord. 789 § 2 (Exh. A), 2023; Ord. 758 § 2 (Exh. A), 2021; Ord. 738 § 2 (Exh. A), 2020; Ord. 726 § 2 (Exh. B), 2019.]