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Agenda Bill

City Council Meetings - 02 Dec 2019

Department Staff Contact


Community Development Thara Johnson, Senior Planner

Agenda Bill Title


Adopt Ordinance No. 724, Zoning Code Amendments on Accessory Dwelling Unit (ADU) Regulations
and amending the allowance of single-family detached land uses in multi-family zones

Summary
BACKGROUND:

Housing affordability is one of the greatest challenges facing communities in the Puget Sound region
and across the country. Rising demand outpaces the supply of additional housing units, driving prices
steeply upward.

On December 30, 2018, the City of Burien initiated the annual Comprehensive Plan amendment
process for 2019. The final Comprehensive Plan docket was adopted by City Council on April 15,
2019, following a recommendation by the Planning Commission on March 27, 2019, and a public
meeting that was held on March 13, 2019.

In reviewing the City’s current housing policies and existing demand for affordable housing, it has
become evident that there are multiple approaches to future housing policy changes. During the
2018 Comprehensive Plan amendment cycle, the Planning Commission evaluated policies relating to
housing diversity and accessory dwelling units, and incorporated policies that would set the stage for
further discussion of middle income housing.

Accessory Dwelling Units


The City of Burien’s current regulations of accessory dwelling units include numerous requirements.
Burien’s Zoning Code currently features an owner occupancy requirement, limits the size of the ADU
to 800 square feet for detached ADUs and 1,000 square feet for attached units, and requires an off-
street parking space. However, some of these regulations serve as barriers to developing ADUs,
resulting in fewer ADU units being constructed, and impacting housing supply and affordability.

The Commission discussed the City’s current ADU regulations at the June 26th, July 10th, July 24th,
and August 14th meetings, and made recommendations on changes to the regulations that include
removing the owner occupancy requirement, allowing both a detached and an attached ADU on a
property, and revising the parking requirement for ADUs based on proximity to transit. Attachment 1
(Exhibit B) includes a copy of the proposed draft regulations.
Single-Family detached land uses in multi-family zones
The Commission also recommended that staff amend the code to remove the provision that allows
single-family detached land uses in the City’s multi-family zones. The current provision enables the
development of single-family homes in areas where denser housing can be accommodated, including
areas with greater access to transportation and infrastructure and with potential for additional
development capacity.

Allowing single-family detached land uses in multi-family zones limits the City’s potential to
accommodate additional growth and opportunities for housing – both market rate and affordable
housing—resulting in lower density development in areas most suitable for additional development.
As a result, lots in portions of the City are not developed to their zoned capacity, leaving fewer
properties available for development, and reducing the likelihood that the City achieves its growth
targets. Further, the City does not currently have minimum density standards to ensure that a
minimum development density is achieved in each zone. Therefore, this proposed amendment is an
important step in ensuring that the City achieves growth in a sustainable and planned manner. The
proposed amendment also assists in preserving the character of existing single-family neighborhoods
by concentrating growth in multi-family zones.

The Planning Commission discussed amending current regulations which allow single-family
detached land uses in multi-family zones at their June 26th meeting, and October 23rd, 2019
meetings. Attachment 1 (Exhibit A) incorporates changes to BMC 19.05 which reflects restricting
single-family land uses from being located in multi-family zones.

The Planning Commission held a public hearing on October 23rd, 2019 and also recommended
approval of the proposed regulations at the October 23rd, 2019 meeting.

Staff memos to the Planning Commission relating to the proposed amendments are available for
review electronically (see link).

Planning Commission minutes where the proposed amendments were discussed, including the
public hearing and recommendation are available for review electronically (see link).

The City Council discussed the proposed amendments at their November 18th Council meeting, and
requested that staff provide minor changes to the draft language to provide additional flexibility
relating to location of entrances. Staff has amended the draft regulations to remove the language
that includes restrictions relating to location of entrances.

The Council also discussed the issue of waiving the off-street parking requirement if the site is
located within a ¼ mile of a transit stop and expressed concern with the proposed draft language. As
an alternative, staff is providing an option of amending the language to include the provision of a
1/8th mile, rather than a ¼ mile and is including maps which identify buffer distances from transit
stops with a 1/8th mile and ¼ mile walkshed (see Attachment 4). If Council determines that the
1/8th mile buffer is more appropriate, than the motion should be amended to reflect this so that
staff can update the draft code language.

Options
1. Adopt Ordinance No. 724.
2. Do not adopt Ordinance No. 724.

Advisory Board Recommendation


Planning Commission recommended approval to City Council at the October 23, 2019 meeting.

Administrative Recommendation
Receive the briefing and presentation from staff and take action on Ordinance No 724.

Suggested Motion
Move to adopt Ordinance No 724, proposed amendments to BMC 19.15 and 19.17.070 to amend
ADU regulations and change the allowance of single-family detached land uses in multi-family zones.

Attachments
Attachment 1 Ordinance 724 with Exhibits A and B
Attachment 2 Maps with Transit stops showing 1/4 mile and 1/8th mile walkshed
ATTACHMENT 1

CITY OF BURIEN, WASHINGTON

ORDINANCE NO. 724

____________________________________________________________________________

AN ORDINANCE OF THE CITY OF BURIEN, WASHINGTON, AMENDING


CHAPTERS 19.15 AND 19.17.070 OF THE BURIEN MUNICIPAL CODE
RELATING TO AMENDING SINGLE-FAMILY LAND USES IN MULTI-FAMILY
ZONES AND ACCESSORY DWELLING UNITS REGULATIONS OF THE BURIEN
MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
____________________________________________________________________________

WHEREAS, in June, 1999, the City of Burien adopted a zoning code establishing zoning
regulations for the City of Burien; and

WHEREAS, the City desires to amend BMC Title 19 to amending zoning code text
relating to amending single-family land uses in multi-family zones and regulations relating to
Accessory Dwelling Units (ADU’s);

WHEREAS, the City provided the proposed zoning amendment to the Washington State
Department of Commerce and did not receive any comments during the 60-day notice and
comment period; and

WHEREAS, the City has complied with RCW 43.21C State Environmental Policy Act; and

WHEREAS, the Planning Commission had five public meetings and conducted a public
hearing to receive public comments on October 23rd, 2019 to discuss revisions to the proposed
amendments;

WHEREAS, the City Council has received recommendations from the Planning Commission
regarding the proposed amendments at a public meeting on October 23, 2019; and

WHEREAS, the Planning Commission and City Council evaluated the proposed zoning code
amendments and confirmed they comply with the decision criteria for zoning code amendments
of BMC 19.65.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, DO


ORDAIN AS FOLLOWS:

Section 1: Amendments to BMC Title 19. The City Council of the City of Burien hereby
amends BMC Titles 19 as shown on attached Exhibits A and B and incorporated by reference as
if fully set forth herein.
Section 2: Severability. Should any section, subsection, paragraph, sentence, clause or
phrase of this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be
pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect
the validity of the remaining portions of this ordinance or its application to other persons or
circumstances.

Section 3: Savings. The enactments of this ordinance shall not affect any case,
proceeding, appeal or other matter currently pending in any court or in any way modify any
right or liability, civil or criminal, which may be in existence on the effective date of this
ordinance.

Section 4: Effective Date. This ordinance shall be published in the official newspaper
of the City, and shall take effect five days after publication.

ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 2ND DAY OF
DECEMBER, 2019 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THIS 2ND DAY OF
DECEMBER, 2019.

CITY OF BURIEN

______________________________
Jimmy Matta, Mayor

ATTEST/AUTHENTICATED:

______________________________
Megan Gregor, City Clerk

Approved as to form:

______________________________
Lisa Marshal, Burien City Attorney

Filed with the City Clerk:


Passed by the City Council:
Ordinance No. 728
Date of Publication:
-2-
EXHIBIT A

19.15.010 MULTI-FAMILY RESIDENTIAL ZONES


PURPOSE AND INTENT: These zones implement the Low and High Density Multifamily Neighborhood
Comprehensive Plan designations. The purpose of these zones is to establish areas in which a wide range of single-
family and multi-family housing opportunities can be provided, which are compatible with adjacent lower density
single-family housing and which protect environmentally sensitive areas. The intent is to provide a variety of stable
and attractive, well-designed housing choices that are located near transit, employment, shopping and recreational
facilities, and meet the needs of existing and future City residents. Redevelopment of existing housing complexes is
encouraged.

ONLY THOSE USES LISTED ON THE FOLLOWING USE ZONE CHARTS MAY BE ALLOWED IN
THE RM ZONES, SUBJECT TO MEETING ALL APPLICABLE REQUIREMENTS OF THE ZONING
CODE. THE FOLLOWING SPECIAL REGULATIONS APPLY TO ALL USES IN THE MULTI-FAMILY
RESIDENTIAL ZONES. BE SURE TO CHECK THE APPLICABLE USE ZONE CHART FOR
ADDITIONAL REQUIREMENTS THAT PERTAIN TO SPECIFIC USES. WHERE A SPECIAL
REGULATION BELOW CONFLICTS WITH A SPECIAL REGULATION IN A USE ZONE CHART FOR
A SPECIFIC USE, THE USE ZONE CHART SHALL APPLY.

19.15.010.1 SPECIAL REGULATIONS:


A. Repealed, Ord. 529, 2009

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

19.15.010.2 Type 1 See Spec. Reg. 10’ See Spec Reg. RM-12 & RM- 85% 35’ B 2.0 spaces per 1. Minimum lot
Townhouse Dwelling Unit 1 3 18 zones: 60% RM-48 zone: RM-48 zone: unit area per
RM-24 & RM- 90% [Ord. 533 60’ See Spec dwelling unit is:
48 zone: 70% § 1, 2010] Reg.6 [Ord. a. 3,600 square
[Ord. 533 § 1, 533 § 1, 2010] feet in the RM-
2010] 12 zone.
b. 2,400 square
feet in the RM-
18 zone.
c. 1,800 square
feet in the RM-
24 zone.
d. 900 square
feet in the RM-
48 zone. [Ord.
533 § 1, 2010]
2. Each dwelling
unit must be
located on its
own lot.
3. Minimum
interior setback
is 5 feet, except
interior setback
between
townhouses may
be reduced to
zero feet.
4. Chapter 19.17
contains
regulations

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

regarding home
occupations, and
other accessory
uses, facilities
and activities
associated with
this use.
5. No lot shall
be created less
than the
minimum lot
area except
through the
application of
lot averaging.
Lot averaging is
permitted
through a short
plat, subdivision
or lot line
adjustment.
However, no lot
shall be created
with an area less
than 90 percent
of the stated
minimum lot
area. [Ord. 484
§ 1, 2008]
6. In the RM-48
zone this height

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

limit may be
increased if
portions of the
structure that
exceed the base
height limit
provide one
additional foot
of front and
interior setback
for each foot
above the base
height limit, but
the maximum
height may not
exceed 75’.
[Ord. 533 § 1,
2010]
19.15.010.3 Type 1 [Ord. 5,000 s.f. See 10’ 5’ RM-12 & RM- 85% 35’ B 1.8 spaces per 1. Maximum
Apartment Dwelling Unit 484 § 1, 2008] Spec. Reg. 1 18 zones: 60% RM-48 zone: RM-48 zone: unit density per
RM-24 & RM- 90% [Ord. 533 60’ dwelling unit is:
48 zone: 70% § 1, 2010] See Spec Reg.3 a. 12 units per
[Ord. 533 § 1, [Ord. 533 § 1, acre in the RM-
2010] 2010] 12 zone.
b. 18 units per
acre in the RM-
18 zone.
c. 24 units per
acre in the RM-
24 zone.

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

d. 48 units per
acre in the RM-
48 zone. [Ord.
533 § 1, 2010]
2.Chapter 19.17
contains
regulations
regarding home
occupations, and
other accessory
uses, facilities
and activities
associated with
this use.
3.4 In the RM-
48 zone this
height limit may
be increased if
portions of the
structure that
exceed the base
height limit
provide one
additional foot
of front and
interior setback
for each foot
above the base
height limit, but
the maximum
height may not

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

exceed 75 feet.
[Ord. 533 § 1,
2010]
19.15.010.4 None See Spec. Reg. 10’ 5’ 55% 75% 35’ A 2 spaces per 1. Minimum lot
Single Detached Dwelling Unit 1 unit area per
dwelling unit is:
a. 3,600 square
feet in the RM-
12 zone.
b. 2,400 square
feet in the RM-
18 zone.
c. 1,800 square
feet in the RM-
24 zone.
d. 900 square
feet in the RM-
48 zone. [Ord.
533 § 1, 2010]
2. One single
detached
dwelling unit
may be built on
a lot that has
less than the
stated minimum
lot area.
3. No lot shall
be created less
than the

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

minimum lot
area except
through the
application of
lot averaging.
Lot averaging is
permitted
through a short
plat, subdivision
or lot line
adjustment.
However, no lot
shall be created
with an area less
than 90 percent
of the stated
minimum lot
area. [Ord. 484
§ 1, 2008]
4. Chapter 19.17
contains
regulations
regarding home
occupations, and
other accessory
uses, facilities
and activities
associated with
this use.

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

19.15.010.5 None See Special Regulation 1 1. Must comply


Family Day Care Home I and II with
requirements of
the primary use.
2. Family Day
Care Home II:
Must provide
State
certification of
safe passenger
loading area.
19.15.010.6 None 5,000 s.f. 10’ 5’ RM-12 & RM- 85% 35’ B See Sec. 1. Must provide
Day Care Center 18 zones: 60% RM-48 zone: 19.20.030.2 State
RM-24 & RM- 90% [Ord. 533 [Ord. 292 § 6, certification of
48 zone: 70% § 1, 2010] 2000] safe passenger
[Ord. 533 § 1, loading area.
2010]
19.15.010.7 Type 1 5,000 s.f. 10’ 5’ RM-12 & RM- 85% 35’ See Spec. C See Sec. 1. Mixed use is
Mixed Use 18 zones: 60% RM-48 zone: Reg. 5 19.20.030.2 allowed only in
RM-24 & RM- 90% [Ord. 533 RM-48 zone: [Ord. 292 § 6, RM-24 and RM-
48 zone: 70% § 1, 2010] 60’ See Spec 2000] 48 zones.
[Ord. 533 § 1, Reg.6 [Ord. 2. The proposed
2010] 533 § 1, 2010] development
must fit in with
the character of
the surrounding
residential
neighborhood.
3. No more that
50% of the

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

gross floor area


of the structure
shall be devoted
to office uses.
Retail uses,
banks, loan
companies and
similar financial
institutions are
not permitted.
4. Maximum
residential
density is 24
dwelling units
per acre in the
RM-24 zone and
48 dwelling
units per acre in
the RM-48 zone.
5. Height may
be increased to
60 feet, if:
a. At least 25%
of the required
parking is under
or within a
building and is
fully screened
from public
view; and

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

b. The landscape
type in the
prescribed
category is
increased by one
type (for
example, Type
III is increased
to Type II).
[Ord. 523 § 1,
2009]
6. In the RM-48
zone this height
limit may be
increased if
portions of the
structure that
exceed the base
height limit
provide one
additional foot
of front and
interior setback
for each foot
above the base
height limit, but
the maximum
height may not
exceed 75 feet.

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

[Ord. 533 § 1,
2010]
19.15.010.8 None. See None. 30’ See Spec. 30’ See Spec. 60% 85% 35’ C See Sec. 1. Lighting for
Public Park and Recreation Facilities Spec. Reg. 3 Reg. 2 Reg. 2 19.20.030.2 structures and
[Ord. 560 § 1 [Ord. 292 § 6, fields shall be
(Exh. A), 2012] 2000] directed away
from dwelling
units.
2. Structures
shall maintain a
50-foot setback
from adjoining
lots containing
single detached
dwelling units.
The Director
may allow
structures such
as playground
equipment, ball
field backstops
and tennis court
fences closer
than 50’ if
compatible with
the surrounding
neighborhood
and traffic
safety
considerations.

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

3. No special
review process
if project design
is approved by
the City Council
through a public
review process
that includes
posting a notice
board at the site
and notification
to neighbors;
otherwise a
Type 2 review
process is
required. [Ord.
560 § 1 (Exh.
A), 2012]
19.15.010.9 Type 2 [Ord. 5,000 s.f. 10’ 5’ RM-12 & RM- 85% 35’ B 1 space for 1. In the RM-48
Community Residential Facility 560 § 1 (Exh. 18 zones: 60% RM-48 zone: RM-48 zone: every 2 zone this height
A), 2012] RM-24 & RM- 90% [Ord. 533 60’ See Spec. bedrooms limit may be
48 zones: 70% § 1, 2010] Reg.1 [Ord. increased if
[Ord. 533 § 1, 533 § 1, 2010] portions of the
2010] structure that
exceed the base
height limit
provide one
additional foot
of front and
interior setback

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

for each foot


above the base
height limit, but
the maximum
height may not
exceed 75 feet.
[Ord. 533 § 1,
2010]
19.15.010.10 Type 2 5,000 s.f. 10’ 5’ RM-12 & RM- 85% 35’ B 1 space for 1. In the RM-48
Nursing Home 18 zones: 60% RM-48 zone: RM-48 zone: every 4 beds zone this height
RM-24 & RM- 90% [Ord. 533 60’ See Spec. limit may be
48 zones: 70% § 1, 2010] Reg.1 [Ord. increased if
[Ord. 533 § 1, 533 § 1, 2010] portions of the
2010] structure that
exceed the base
height limit
provide one
additional foot
of front and
interior setback
for each foot
above the base
height limit, but
the maximum
height may not
exceed 75 feet.
[Ord. 533 § 1,
2010]
19.15.010.11 Type 2 5,000 s.f. 30’ 30’ 60% 85% 35’ C See Sec.
Religious Facility 19.20.030.2

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

[Ord. 292 § 6,
2000]
19.15.010.12 Type 2 5,000 s.f. 30’ 30’ 60% 85% 35’ C See Sec.
School 19.20.030.2
[Ord. 292 § 6,
2000]
19.15.010.13 Type 2 5,000 s.f. See 10’ 5’ RM-12 & RM- 85% 35’ B 0.5 spaces per 1. Maximum
Senior Citizen Assisted Dwelling Unit Spec. Reg. 1 18 zones: 60% RM-48 zone: RM-48 zone: unit density per
RM-24 & RM- 90% [Ord. 533 60’ dwelling unit is:
48 zones: 70% § 1, 2010] See Spec. Reg. a. 12 units per
[Ord. 533 § 1, 3 [Ord. 533 § acre in the RM-
2010] 1, 2010] 12 zone.
b. 18 units per
acre in the RM-
18 zone.
c. 24 units per
acre in the RM-
24 zone.
d. 48 units per
acre in the RM-
48 zone.
Additional
density may be
allowed in the
RM-24 and RM-
48 zones if
appropriate for
the site and if
zoning code
requirements are

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

met without the


need for
variances or
administrative
adjustments.
[Ord. 533 § 1,
2010]
2. Chapter 19.17
contains
regulations
regarding home
occupations, and
other accessory
uses, facilities
and activities
associated with
this use.
3.4 In the RM-
48 zone this
height limit may
be increased if
portions of the
structure that
exceed the base
height limit
provide one
additional foot
of front and
interior setback
for each foot
above the base

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

height limit, but


the maximum
height may not
exceed 75 feet.
[Ord. 533 § 1,
2010]
19.15.010.14 Type 2 [Ord. Development standards shall be determined on a case-by-case basis through the Type 3 review process. 1. Shall be
Essential Public Facility 560 § 1 (Exh. designed,
A), 2012] located,
constructed and
buffered to
blend in with
their
surroundings
and minimize
adverse impacts
on adjacent
properties.
Special attention
shall be given to
minimizing
noise, light and
glare impacts.
2. Shall comply
with criteria for
siting found in
the Burien
Comprehensive
Plan.

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

19.15.010.15 Type 2 [Ord. 5,000 s.f. 30’ 30’ 60% 85% 35’ C See Sec.
Community, Cultural or Government 560 § 1 (Exh. 19.20.030.2
Facility A), 2012] [Ord. 292 § 6,
2000]
19.15.010.16 Type 2 [Ord. None 30’ 30’ 60% 85% 35’ D See Sec. 1. Shall be
Public Utility 560 § 1 (Exh. 19.20.030.2 designed,
A), 2012] [Ord. 292 § 6, located,
2000] constructed and
buffered to
blend in with
their
surroundings
and minimize
adverse impacts
on adjacent
properties.
Special attention
shall be given to
minimizing
noise, light and
glare impacts.
19.15.010.17 See Chapter 19.50
Personal Wireless Service Facility(1)
19.15.010.18 None None 10’ 5’ 15% 25% 12’ A See. Sec. 1. A land use
Community Garden(2) 19.20.030.2 agreement
[Ord. 292 § 6, approved by the
2000] Director shall
be executed
between the

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS

MINIMUMS MAXIMUMS Special


Regulations
SETBACKS Lot Coverage (See also
REGULATIONS Section
Minimum
Special 19.15.010.1 and
Landscape Required
Review Chapter 19.17,
Category Parking
Process (See Miscellaneous
Lot Area Impervious Height (See Ch. 19.25) Spaces (See
Ch. 19.65) Interior Building Use,
USE Front Setback Surface Ch. 19.20)
Setback Coverage Development
Coverage
and
Performance
Standards)

landowner and
those who are
interested in
gardening on
private land.
The agreement
shall include
Community
Garden Rules to
maintain the
property safely
and prevent
disturbances to
neighboring
property owners
and residents.
(1)
Amended, Ord. 265, 1999
(2)
Added, Ord. 560, 2012
NOTE: All landscape categories added by Ord. 293, 2000.

The Burien Municipal Code is current through Ordinance 711, passed July 15, 2019.
EXHIBIT B
19.10.120 Dwelling unit, accessory

– A separate, complete dwelling unit attached to or contained within the structure of the primary dwelling,
or contained within a separate structure that is accessory to the primary dwelling unit on the premises.

An additional dwelling unit on a lot with a primary dwelling unit. An accessory dwelling unit is an
independent living unit designed for residential occupancy by one or more people independent of the
primary dwelling unit, with facilities for sleeping, cooking, and sanitation. An accessory dwelling unit may
be attached or internal to the primary dwelling unit, or it may be detached from the primary dwelling unit.
For the purposes of this title, internal accessory dwelling units are considered attached accessory
dwelling units.

19.17.070 Accessory Dwelling Units.


1. Purpose. Accessory dwelling units (ADUs) implement the housing policy provisions of Burien’s
Comprehensive Plan by creating an affordable housing alternative and providing a choice of housing that
responds to changing needs and lifestyles by offering rental income, security, and companionship to
individuals and families. The purpose of the ADU regulations is to allow ADUs on lots with single
detached houses while protecting property values, the stability and appearance of residential
neighborhoods, and also achieving the following:

A. Increase the number of affordable housing units;

B. Accommodate incremental growth in neighborhoods while preserving residential quality of life;

C. Provide for a variety of housing types that meet the needs of Burien’s diverse population at all stages
of life; and

D. Encourage housing that allows residents to remain in their communities and neighborhoods as their
needs change

2. Requirements. An accessory dwelling unit is allowed as an accessory use to a single detached


dwelling unit, provided the following requirements are met:

A. Number. Only one attached or detached accessory dwelling is allowed per lot. [Ord. 479 §1,
2007] A maximum of 2 accessory dwelling units are allowed per single detached house
B. A maximum of 1 detached accessory dwelling unit and 1 attached accessory dwelling unit is
allowed per single detached house.

BC. For the purpose of this section “attached” shall mean that the primary unit and ADU have at
least one common wall and appear to be contained within one structure. Connection through a
breezeway or covered pathway shall not constitute an attached ADU. [Ord. 479 §1, 2007]

C. Owner Occupancy. Either the primary residence or the accessory dwelling unit shall be owner
occupied.

D. Record Notice. Approval of the accessory dwelling unit shall be subject to recording a notice
approved by the city attorney with the King County Records and Elections Division. The notice shall
run with the land, identify the address of the property, state that the owner(s) must reside in either
the primary or accessory dwelling unit, and provide for the removal of the ADU if the owner
occupancy requirement is violated.

E. Size.

i. Internal or attached ADUs shall not exceed 1,000 square feet and detached ADUs shall not
exceed 800 square feet.

ii. The Director may make exceptions to size limitations to allow for the better utilization of
existing spaces. Buildings must be at least 5 years old to be eligible for an exception to the
size limitation.

F. Parking. In addition to the number of parking spaces required for the primary unit, a minimum of
1 off-street parking space must be provided for each accessory dwelling unit. Lots within ¼ mile of
a transit stop are exempt from the additional parking requirement for the accessory dwelling
unit. One additional on-site parking space shall be provided. Such pThe parking requirement
exemption shall be in effect for a period of three years from the effective date of the ordinance in
order to evaluate the impact of the parking requirement in single-family neighborhoods. Parking
must be located at the rear or side of the lot if feasible.

G. Design. ADUs shall meet the following design requirements:

i. All new structures/additions must meet current development standards for the zone in which
the property is located.
ii. A single detached dwelling that contains an ADU shall have only one entrance on each
front or street side of residence. If the residence is not adjacent to a street, the front shall
mean the side that contains the main entrance to the primary dwelling. Exceptions may be
made if the second outside, front entrance is recessed or hidden from view.

iii. Additions shall be consistent with the facade, roof pitch, siding and windows of the
existing structure.

iiiv. Detached structures shall match (or complement) the design of the primary unit and must
integrate well with the single-family character of the neighborhood. Trailers, recreational
vehicles or other such accommodations shall not be allowed as an ADU.

3. Legalization of Nonconforming ADUs. ADUs existing without city approval may be legalized if the
owner applies and obtains the applicable permits. One ADU may be legalized per lot provided the owner
occupancy requirements are met and the unit complies with the requirements set forth in BMC Title 15,
Buildings and Construction. [Ord. 652 § 1, 2017; Ord. 560 § 1, 2012; Ord. 479 §1, 2007, Ord. 355 §1,
2002]
ATTACHMENT 2

Transit Stops in Residential Neighborhoods


Quarter Mile Coverage of sample King County Transit Stops in the City of Burien
²
SW 116TH ST

H
AMBAUM BLVD SW

1ST AVE SW

SW 152ND ST

SEA-TAC
INTERNATIONAL
AIRPORT

NORMANDY PARK

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Transit Stops in Residential Neighborhoods
1/8 Mile Coverage of sample King County Transit Stops in the City of Burien
²
SW 116TH ST

HAMBAUM BLVD SW

1ST AVE SW

SW 152ND ST
L

SEA-TAC
INTERNATIONAL
AIRPORT

NORMANDY PARK

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