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ORD 23-949 - Relating to Various Code Amendments in Titles 18 & 19ORDINANCE NO.23-949 AN ORDINANCE of the City of Federal Way, Washington, relating to various amendments to Titles 18 (Subdivisions) and 19 (Zoning and Development; amending FWRC 18.10.030, 19.05.010, 19.70.060, 19.70.150, 19.75.060, 19.80.140, 19.110.010, 19.115.050, 19.115.090, 19.125.160, 19.130.020, 19.145.410, 19.145.440, 19.195.015, 19.200.020, 19.200.045, 19.200.100, 19.205.010, 19.205.040, 19.205.070, 19.205.080, 19.215.050, 19.215.070, 19.215.150, 19.220.050, 19.220.080, 19.220.100, 19.220.105, 19.225.055, 19.225.070, 19.225.075, 19.230.055, 19.230.060, 19.230.065, 19.240.085, 19.240.095 (Amending Ordinance Nos. 90-40, 90-41, 90-43, 90-631, 92-133, 93-170, 95-245, 96-270, 96-271, 97-291, 99-333, 99-337, 00-375, 01-381, 01-382, 02-424, 02-426, 03-443, 04- 468, 05-506, 06-515, 07-545, 07-554, 07-559, 07-573, 08-585, 09-593, 09-604, 09-605, 09-594, 09-610, 09-631, 10-651,10-669, 10-678, 11-681, 11-700, 12-713, 13-754, 14-760, 14-778, 15- 797, 15-804, 17-834, 18-850, 18-852, 18-844, 20-898, 21-921 and 22-932.) WHEREAS, the City recognizes the need to periodically modify Titles 18 (Subdivisions) and 19 (Zoning and Development Code) of the Federal Way Revised Code ("FWRC"), in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and WHEREAS, the city has identified miscellaneous issues of clarity and consistency, opportunities for permitting efficiencies, and compliance issues with newly passed and/or amended State laws and regulations that this ordinance seeks to remedy; and WHEREAS, State agencies received a 60-day notice of the proposed amendments on September 27, 2022; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 18 and 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and Ordinance No. 23-949 Page I of 170 WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the proposed various code amendments on September 16, 2022, two public comment letters from one individual were received. The DNS was finalized on September 30, 2022; and no appeals were filed and the appeal period expired on October 21, 2022; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 2, 2022, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use & Transportation Committee of the City Council of the City of Federal Way considered these code amendments on December 5, 2022, and recommended adoption of the proposed various text amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as finding of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of their respective titles under FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. Ordinance No. 23-949 Page 2 of 170 (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. FWRC. (f) These code amendments have followed the proper procedure required under the Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG2 Develop an efficient and timely development review process based on a public/ private partnership. LUN Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUP15 Revise existing land use regulations to provide for innovation and flexibility in the design of new single-family developments and in -fill (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they will offer increased efficiencies for permit applicants, clarify ambiguities in the current code thereby reducing the need for staff interpretations, and make the FWRC consistent with recently approved changes to state law. Ordinance No. 23-949 Page 3 of 170 (c) The proposed amendments are in the best interest of the public and the residents of the City because they promote permit efficiency resulting in more consistency and predictability for the public. Section 3. FWRC 18.10.030 is hereby amended to read as follows: 18.10.030 Applications. Applications for boundary line adjustments shall at minimum provide the information contained within City of Federal Way Department of Community Development Bulletin No. 038, Boundary Line Adjustment Submittal Requirements. The submittal requirements are not intended to determine if an application conforms to city of Federal Way codes. They are used only to determine if all required materials have been submitted. A code -related review will occur after a complete application has been submitted. The director may waive any sections determined to be not reasonably necessary.be submitted —to the depaAment of FM alum 9510"T."n. • eempleted ehe ousts o ther-..o,, ir-ea environmental a,,,.,,.,..entation; reta�!rs�!r�ress. rere (3) The new lot lines shown in solid lines and the area, in squar-e feet, of eaeh of the new lots; Section 4. FWRC 19.05.010 is hereby amended to read as follows: Ordinance No. 23-949 Page 4 of 170 19.05.010 A definitions. "Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" includes but is not limited to circumstances involving tax forfeiture, bankruptcy, or foreclosure. "Abandoned personal wireless service facility" means a WSF that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. "Accessory" means a use or structure which is subordinate and incidental to the principal use or structure on the subject property, and supports the principal use or structure without displacing or dominating it. A structure is only accessory within the meaning of this definition when it has less gross square footage and its height is equal to or less than the height of the principal structure on the subject property. See FWRC 19.265.010. "Accessory living facility" means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. Ordinance No. 23-949 Page 5 of 170 "Active uses" means uses that by their very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. "Adjoining" means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. "Administrator" for the purpose of sign regulations means the director or his/her designated representative. "Adult entertainment, activity, retail, or use" shall mean all of the following: (1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined in FWRC 19.05.190) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWRC 12.10.010. (3) "Panorama " and 'peepshow " shall mean as defined in FWRC 12.10.010. (4) "Adult retail" shall mean a retail establishment which, for money or any other form of consideration, either: (a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult -oriented merchandise; or Ordinance No. 23-949 Page 6 of 170 (b) Provides, as its substantial stock -in -trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult -oriented merchandise. Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. "Adult family home" means a residential home for which a person is licensed to provide personal care, special care, room, and board to more than one, but not more than six, adults who are not related by blood or marriage to the person or persons providing the services. The number of residents in an adult family home may be no more than the total of the residents being provided services, plus a family that includes at least one service provider. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080. "Adult -oriented merchandise" shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified sexual activities" (defined in FWRC 19.05.190). "Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. See definition of "urban agriculture." Ordinance No. 23-949 Page 7 of 170 "Air rights " means the right to control the use of the space above the surface of the ground. "AKART" means "all known, available and reasonable methods of prevention, control and treatment," and is the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a point or nonpoint discharge. See also "best management practices." "Alluvium " means soil deposits transported by surface waters. Animal Care Facility. See definition of "animal kennel." "Animal kennel" means any structure or premises in which animals are boarded (including day care) or bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary items, and related activities. "Antique" or "collectible" means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. "Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in development activity. "Applicant" includes both the principal and any agent. "Aquifer" means a geological formation that is capable of yielding a usable amount of fresh water to a well or spring. Ordinance No. 23-949 Page 8 of 170 "Arcade " means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. "Architectural embellishments for sign regulations" means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. "Area Median Income (AMM' means the Metropolitan Statistical Area median income adjusted for household size as defined by the United States Department of Housing and Urban Development. "Average building elevation (ABE) " means the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation from which building height is measured. A�CW4E UuW r Heigh, E&west Reference "ghest Eeunion jdatum (ASE) EexaVon "Average slope" means the average grade of land within each land area representing a distinct topographical change. Ordinance No. 23-949 Page 9 of 170 "Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not project above the adjacent parapet or roof of a supporting building. Section 5. FWRC 19.70.060 is hereby amended to read as follows: 19.70.060 Notice. (1) Contents. The director shall prepare the following notices as applicable: (a) Notice of application. A notice of application shall contain: (i) The name of the applicant and, if applicable, the project name and file number. (ii) The date of application, the notice of completion, and the notice of application. (iii) The street address of the subject property or, if this is not available, a description of the location of the property in nonlegal language. Except for notices published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (iv) A brief description of the requested decision, including a citation to the provision of this title governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To the extent known by the city, the notice shall include any other permits which are not included in the application. (v) A statement of the availability of the official file. (vi) A statement of the right of any person to submit written comments to city staff or the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally. Ordinance No. 23-949 Page 10 of 170 (vii) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (viii) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040. (b) Notice of public hearing. In addition to the information specified in the notice of application, the notice of public hearing shall include the following: (i) The date, time, and place of the public hearing. (ii) A statement of the right of any person to submit written comments to the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally and the right to request a copy of the decision once made. (c) Notice of agency decision appeal. A notice of an agency decision appeal shall contain: (i) The file number and a brief description of the matter being appealed. (ii) A statement of the scope of the appeal, including a summary of the errors alleged and specific factual findings and conclusions disputed in the letter of appeal. (iii) The date, time, and place of theie hearing on the appeal. (iv) A statement of who may participate in the appeal. (v) A statement of how to participate in the appeal. (2) Distribution. The director of community development—,,�s shall distribute these notices as follows: Ordinance No. 23-949 Page 11 of 170 (a) Notice of application. Within 14 calendar days of issuing the letter of completeness, the director shall distribute the notice of application as follows: (i) A copy of the notice of application will be published in a newspaper of general circulation in the city; (ii) At least three copies of the notice of application will be conspicuously posted on or near the subject property. Of these, at least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property; (iii) A copy of the notice will be posted on the city website; (iv) A copy will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (b) Notice of public hearing. The director shall distribute the notice of public hearing at least 14 calendar days before the hearing in the same manner as the notice of application except no posting needs to be done on or near the subject property. (c) Agency decision appeals. Distribution of notices involving an agency decision appeal shall occur at least 10 calendar days before the hearing on the appeal, and shall be mailed to the parties to the appeal.o,,e per -son entitled t the deeision. No fi fft er- distribution (3) Public notification sign. Except for in agency decision appeals, the applicant shall erect at least one public notification sign which complies with standards developed by the department within 14 calendar days of the issuance of the letter of completeness. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director may require the placement of Ordinance No. 23-949 Page 12 of 170 additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. The sign shall be removed within seven calendar days after the final decision of the city on the matter. Section 6. FWRC 19.70.150 is hereby amended to read as follows: 19.70.150 Hearing examiner's decision. (1) General. After considering all of the information and comments submitted on the matter, the hearing examiner shall issue a written decision. In an agency decision appeal, the examiner shall affirm, reverse, or modify the decision being appealed based on the hearing examiner's findings and conclusions. Subsections (3), (4) and (5) of this section do not apply to agency decision appeals. (2) Timing. (a) Unless a longer period is agreed to by the applicant, the hearing examiner shall issue the decision within 10 working days after the close of theie hearing. (b) The hearing examiner will endeavor to issue his or her decision on the land use and design components of the process IV project permit approval within 120 days of the issuance of the letter of completeness issued pursuant to FWRC 19.15.045, except that the following periods shall not be included in the calculation of the 120-day period: (i) Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information. In these instances, the period excluded from the 120-day calculation shall begin on the date the city notifies the applicant of the need for additional information and run until the earlier of the date the city determines whether the additional information satisfies the request for information or 14 days after the date the information has been provided to Ordinance No. 23-949 Page 13 of 170 the city. If the city determines that the information submitted by the applicant under this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under this subsection shall apply as if a new request for studies had been made. (ii) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21 C RCW. (iii) Any period for administrative appeals of the SEPA threshold determination; provided, that the time period for consideration of such appeals shall not exceed 90 days for an open record appeal hearing. The parties to an appeal may agree to extend the 90-day period. (iv) Any extension of time mutually agreed upon by the applicant and the city. The 120-day time period does not apply if a project permit application under this chapter requires an amendment to the comprehensive plan or this title; requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or if a project permit application under this chapter is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under FWRC 19.15.045. If the hearing examiner is unable to issue his or her decision on the land use or design review components of a process IV project permit application as provided in this subsection, the city shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the decision has not been issued within the 120-day period, and an estimated date for issuance of the notice of final decision. Ordinance No. 23-949 Page 14 of 170 (3) Decision criteria. The hearing examiner shall use the criteria listed in the provisions of this title describing the requested decision in deciding upon the application. In addition, the hearing examiner may approve the application only if: (a) It is consistent with the comprehensive plan; (b) It is consistent with all applicable provisions of this title and all other applicable laws; (c) It is consistent with the public health, safety and welfare; (d) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; (e) The proposed access to the subject property is at the optimal location and configuration for access; and (f) Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. (4) Conditions and restrictions. The hearing examiner shall include in the written decision any conditions and restrictions that the examiner determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are imposed become part of the decision. (5) Contents. The hearing examiner shall include the following in the examiner's written decision: (a) A statement granting, modifying and granting or denying the application. (b) Any conditions and restrictions that are imposed. (c) A statement of facts presented to him or her that support the decision, including any conditions and restrictions that are imposed. (d) A statement of the hearing examiner's conclusions based on those facts. Ordinance No. 23-949 Page 15 of 170 (e) A statement of the criteria used by the hearing examiner in making the decision. (f) The date of issuance of the decision and a summary of the rights, as established in this chapter, of the applicant and others to appeal the decision of the hearing examiner. (g) A statement of any threshold determination made under the State Environmental Policy Act, Chapter 43.21C RCW. (h) A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. (6) Distribution of written decision. Within five working days after the hearing examiner's written decision is issued, the director shall distribute the decision as follows: (a) A copy will be mailed to the applicant and the appellant. (b) A copy will be mailed to each person who submitted written or oral testimony to the hearing examiner. (c) A copy will be mailed to any person who has specifically requested it. (d) A copy will be mailed to the King County assessor. Section 7. FWRC 19.75.060 is hereby amended to read as follows: 19.75.060 Notice. (1) Contents. The director shall prepare a notice of application containing the following information: (a) The name of the applicant and, if applicable, the project name. (b) The date of application, the notice of completion, and the notice of application. (c) The street address of the subject property or, if this is not available, a description of the location of the property in nonlegal language. Except for notice published in a newspaper Ordinance No. 23-949 Page 16 of 170 of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (d) A brief description of the requested decision, including a citation to the provision of this title governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70A.440. To the extent known by the city, the notice shall include any other permits which are not included in the application. (e) The date, time, and place of the public hearing. (f) A statement of the availability of the official file. (g) A statement of the right of any person to submit written or oral comments to the hearing examiner regarding the application. (h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation. (2) Distribution. The director shall distribute this notice at least 14 calendar days before the public hearing as follows: (a) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (b) A copy will be published in the newspaper of general circulation in the city. (c) A copy will be posted on eaeh ofthe offleial . etifieatio beard of the city website. (3) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the department at least 10 calendar days before the public Ordinance No. 23-949 Page 17 of 170 hearing. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. The sign shall be removed within seven calendar days after the final decision of the city on the matter. Section 8. FWRC 19.80.140 is hereby amended to read as follows: 19.80.140 Factors to be considered in a comprehensive plan amendment. The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: (1) The effect upon the physical environment. (2) The effect on open space, streams, and lakes. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. (5) The benefit to the neighborhood, city, and region. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. (7) The current and projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. In order to encourage efficient and desired development and redevelopment of existing land designated and zoned for various types of commercial uses, when considering proposals for comprehensive plan amendments and rezones from one commercial designation to another, the Ordinance No. 23-949 Page 18 of 170 city will consider development trends in commercially zones areas, market demand for various types of commercial land, and amount of vacant commercial land. For site -specific comprehensive plan amendments, the provisions of FWRC 19.75.130(3)(aa,) shall also apply. Section 9. FWRC 19.110.010 is hereby amended to read as follows: 19.110.010 Affordable housing regulations. (1) Purpose. To provide affordable housing to the citizens of Federal Way and to comply with the Growth Management Act and the county -wide planning policies for King County. (2) Affordable housing defined. "Owner -occupied affordable housing" means dwelling units that are offered for sale at a rate that is affordable to those individuals and families having incomes that are 80 percent or below the ...,edia, ,.,,, my ineemeArea Median Income (AMI). "Rental affordable housing" means dwelling units that are offered for rent at a rate that is affordable to those individuals and families having incomes that are 50 percent or below the median eetm�y ineemeArea Median Income (AMI). (3) Multiple family developments; senior citizen housing; assisted living facilities; townhouse development; zero -lot line townhouse development; mixed -use projects; and cottage housing in multifamily zones. New projects involving 25 dwelling units or more are required to provide affordable dwelling units as part of the project. At least two dwelling units or five percent of the total number of proposed units, whichever is greater, shall be affordable. Projects including affordable dwelling units may exceed the maximum allowed number of dwelling units as follows: Ordinance No. 23-949 Page 19 of 170 (a) One bonus market rate unit for each affordable unit included in the project; up to 10 percent above the maximum number of dwelling units allowed in the underlying zoning district. (4) Single-family developments. New single-family developments in the RS-35, RS-15, RS-9.6, and RS-7.2 zoning districts have the option of providing affordable dwelling units as part of the project. Projects including affordable dwelling units may reduce minimum lot size as follows: (a) Those lots in a new single-family conventional subdivision or short subdivision which are proposed to contain affordable dwelling units may be reduced in area by up to 20 percent of the minimum lot size of the underlying zoning district; provided, that the overall number of dwelling units in the subdivision may not exceed 10 percent of the maximum number of units allowed in the underlying zoning district. (65) Duration. An agreement in a form approved by the city must be recorded with King County department of elections and records requiring affordable dwelling units which are provided under the provisions of this section to remain as affordable housing for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs and successors of the applicant. Section 10. FWRC 19.115.050 is hereby amended to read as follows: 19.115.050 Site design — All zoning districts. (1) General criteria. Ordinance No. 23-949 Page 20 of 170 (a) Natural amenities such as views, significant or unique trees, or groupings of trees, creeks, riparian corridors, and similar features unique to the site should be incorporated into the design. (b) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters. Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies, gazebos, transparent glass at the ground floor, and landscaping. (c) Pedestrian areas should be easily seen, accessible, and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure. (d) Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. (e) Place physical features, activities, and people in visible locations to maximize the ability to be seen, and therefore, discourage crime. For example, place cafes and food kiosks in parks to increase natural surveillance by park users, and place laundry facilities near play equipment in multiple -family residential development. Avoid barriers, such as tall or overgrown landscaping or outbuildings, where they make it difficult to observe activity. (f) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc., or by security hardware such as locks, chains, and alarms. Where appropriate, utilize Ordinance No. 23-949 Page 21 of 170 security guards. All of these methods result in increased effort to commit a crime and, therefore, reduce the potential for it to happen. (g) Design buildings and utilize site design that reflects ownership. For example, fences, paving, art, signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying intruders is much easier in a well-defined space. An area that looks protected gives the impression that greater effort is required to commit a crime. A cared -for environment can also reduce fear of crime. Areas that are run down and the subject of graffiti and vandalism are generally more intimidating than areas that do not display such characteristics. (2) Surface parking lots. (a) Site and landscape design for parking lots are subject to the requirements of Chapter 19.125 FWRC. (b) Vehicle turning movements shall be minimized. Parking aisles without loop access are discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage. (c) Driveways shall be located to be visible from the right-of-way but not impede pedestrian circulation on -site or to adjoining properties. Driveways should be shared with adjacent properties to minimize the number of driveways and curb cuts. (d) Multi -tenant developments with large surface parking lots adjacent to a right-of-way are encouraged to incorporate retail pads against the right-of-way to help break up the large areas of pavement. (e) See FWRC 19.115.090 for supplemental guidelines. (3) Parking structures (includes parking floors located within commercial buildings). Ordinance No. 23-949 Page 22 of 170 (a) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized by placing its short dimension along the street edge. The parking structure should include active uses such as retail, offices or other commercial uses at the ground level and/or along the street frontage. (b) Parking structures which are part of new development shall be architecturally consistent with exterior architectural elements of the primary structure, including rooflines, facade design, and finish materials. (c) Parking structures should incorporate methods of articulation and accessory elements, pursuant to FWRC 19.115.060(3)(b), on facades located above ground level. (d) Buildings built over parking should not appear to "float" over the parking area, but should be linked with ground level uses or screening. Parking at grade under a building is discouraged unless the parking area is completely enclosed within the building or wholly screened with walls and/or landscaped berms. (e) Top deck lighting on multi -level parking structures shall be architecturally integrated with the building, and screened to control impacts to off -site uses. Exposed fluorescent light fixtures are not permitted. (f) Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets. Methods to help minimize such views may include, but are not limited to, landscaping, planters, and decorative grilles and screens. (g) Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain -link fencing is not permitted for garage security fencing. (h) See FWRC 19.115.090(3)(d) for supplemental guidelines. Ordinance No. 23-949 Page 23 of 170 (4) Pedestrian circulation and public spaces. (a) Primary entrances to buildings, except for zero lot line townhouse development and attached dwelling units oriented around an internal courtyard, should be clearly visible or recognizable from the right-of-way. Pedestrian pathways from rights -of -way and bus stops to primary entrances, from parking lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated. (b) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged. Ordinance No. 23-949 Page 24 of 170 Nd*2trkar, paowayc lrcprn R.0W. Figure 1 - FWRC 19.115,050(4) Pvda#lriarf Crsnnerriana Figure 2 - FWRC 19.115.0 41 (c) Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights -of -way. (d) Bicycle racks should be provided for all commercial developments. (e) Outdoor furniture, fixtures, and streetscape elements, such as lighting, freestanding signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone beedis-, fencing, etc., should be incorporated into the site design. (f) See FWRC 19.115.090 for supplemental guidelines. OYdinaru.e 1Yu. 1 usr /., UJ 1 / U (5) Landscaping. Refer to Chapter 19.125 FWRC for specific landscaping requirements and for definitions of landscaping types referenced throughout this chapter. (6) Commercial service and institutional facilities. Refer to FWRC 19.125.150 and 19.125.040 for requirements related to garbage and recycling receptacles, placement and screening. (a) Commercial services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities. Service yards shall comply with the following: (i) Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners. (ii) Trash and recycling receptacles shall include covers to prevent odor and wind- blown litter. (iii) Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors. (iv) Chain -link fencing shall not be used where visible from public streets, on -site major drive aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used. Ordinance No. 23-949 Page 26 of 170 Trash arrtiJ Menge areas Figure 3 - FWRC 19.11S.D5D(6) :4W1IM++R111111rlpEII ■un+r■+ L.080MO arras Figure 4 - FWRC 19.115.D5D(6) (b) Site utilities shall comply with the following: (i) Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room. (ii) Site utilities including transformers, fire standpipes and engineered retention ponds (except biofiltration swales) should not be the dominant element of the front Ordinance A landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways. (7) Miscellaneous site elements. (a) Lighting shall comply with the following: (i) Lighting levels shall not spill onto adjacent properties pursuant to FWRC 19.105.030(3). (ii) Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate cut-off shields to prevent off -site glare. (iii) Lighting standards shall not reduce the amount of landscaping required for the project by Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping. (b) Drive -through facilities, such as banks, cleaners, fast food, drug stores and service stations, etc., shall comply with the following: (i) Drive -through windows and stacking lanes are not encouraged along facades of buildings that face a right-of-way. If they are permitted in such a location, then they shall be visually screened from such street by Type III landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate screening. (ii) The stacking lane shall be physically separated from the parking lot, sidewalk, and pedestrian areas by Type III landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate separation. Painted lanes are not sufficient. Ordinance No. 23-949 Page 28 of 170 (iii) Drive -through speakers shall not be audible off -site. (iv) A bypass/escape lane is recommended for all drive -through facilities. (v) See FWRC 19.115.090(4) for supplemental guidelines. Section 11. FWRC 19.115.090 is hereby amended to read as follows: 19.115.090 District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts: (1) Professional office (PO), neighborhood business (BN), and community business (BC). (a) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right- of-way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4). (b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and shall incorporate windows and other methods of articulation. (c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and access to other existing plaza or streetscape features. (e) Ground -level mirrored or reflective glass is not allowed adjacent to a public right-of- way or pedestrian area. (f) If utilized, chain -link fences visible from public rights -of -way or adjacent properties, and not screened by Type I landscaping as defined by Chapter 19.125 FWRC, shall utilize Ordinance No. 23-949 Page 29 of 170 vinyl -coated mesh, powder -coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For residential uses only: (g) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. (h) Parking lots should be broken up into rows containing no more than 10 adjacent stalls, separated by planting areas. (i) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the project and the public sidewalk. 0) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. Figure 16 - FWRC 19.115.090(1) (k) Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed so windows overlook them. Ordinance No. 23-949 Page 30 of 170 Figure 17 - FWRC 19.115.090(7) (1) Common recreational spaces shall be located and arranged so that windows overlook them. Figure 18 - FWRC 19.115.990(l) (m) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households. Ordinance No. 23-949 Page 31 of 170 Figure 19 - FWRC 19.11S,09GM (n) All new buildings, including accessory buildings such as carports and garages in PO and BN zones only, shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12. Figure 20 - FWRC 19.115.490(7) (o) Carports and garages in front yards should be discouraged. (p) Building facades that exceed 120 feet in length and are visible from an adjacent residential zone, right-of-way, public park, or recreation area shall incorporate a significant structural modulation (offset). The minimum depth of the modulation shall be approximately equal to 10 percent of the total length of the subject facade and the minimum width shall be approximately twice the minimum depth. The modulation shall be integral to the building structure from base to roofline. Ordinance No. 23-949 Page 32 of 170 (q) Buildings should be designed to have a distinct base, middle and top. The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (Note: single -story buildings have no middle.) The top should avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc. Figure 21 - FWRC 19.115.090(1) (r) Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim. (s) Subsection (1)(n) of this section shall apply to self-service storage facilities. (2) Office park (OP) and commercial enterprise (CE). (a) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right- of-way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4). (b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way. Ordinance No. 23-949 Page 33 of 170 (c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and accessibility from the building to other existing plaza or streetscape features. (e) Ground -level mirrored or reflective glass is not allowed adjacent to a public right-of- way or pedestrian area. (f) If utilized, chain -link fences visible from public rights -of -way or adjacent properties, and not screened by Type I landscaping as defined in Chapter 19.125 FWRC, shall utilize vinyl -coated mesh, powder -coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For non -single-family residential uses only: (g) Subsections (1)(g) through (r) of this section shall apply. (3) City center core (CC-C) and city center frame (CC-F). (a) The city center core and frame contain transitional forms of development with surface parking areas. However, as new development or redevelopment occurs, the visual dominance of surface parking areas shall be eliminated or reduced. Therefore, parking shall be located behind building(s), with building(s) located between rights -of -way and the parking area(s), or in structured parking, and any parking located along a right-of-way is subject to the following criteria: Ordinance No. 23-949 Page 34 of 170 (i) In the city center core, surface parking and driving areas may not occupy more than 25 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director. (ii) In the city center frame, surface parking and driving areas may not occupy more than 40 percent of the project's linear frontage along principal pedestrian right(s)-of- way, as determined by the director. (iii) A greater amount of parking and driving area than is specified in subsections (3)(a)(i) and (ii) of this section may be located along other rights -of -way; provided, that the parking is not the predominant use along such right-of-way, as determined by the director. (b) Principal entrance facades shall front on, face, or be clearly recognizable from the right- of-way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects exposed to more than one right-of-way. (c) Building facades shall incorporate a combination of facade treatment options as listed in FWRC 19.115.060(2) and (3)(b), to a degree that is appropriate to the building size, scale, design, and site context, and according to the following guidelines: (i) Principal facades containing a major entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian -oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances; structural modulation where appropriate to break down building bulk and scale; modulated rooflines, forms, and heights; architectural articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and Ordinance No. 23-949 Page 35 of 170 streetscape amenities. At least 40 percent of any ground level principal facade located along a right-of-way must contain transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments. (ii) Secondary facades not containing a major building entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less pedestrian -oriented than in subsection (3)(c)(i) of this section, such as a combination of structural modulation, architectural articulation, and foundation landscaping. (iii) Principal facades of single -story buildings with more than 16,000 square feet of gross ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a human scale. This may be accomplished through such design techniques as a series of distinctive entrance modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent to the entrance. (d) Pedestrian pathways shall be provided from rights -of -way, bus stops, parking areas, and any pedestrian plazas and public space to primary building entrances. Where a use fronts more than one right-of-way, pedestrian access shall be provided from both rights -of -way, or from the right-of-way nearest to the principal building entrance. Multiple -tenant complexes shall provide pedestrian walkways connecting all major business entrances on Ordinance No. 23-949 Page 36 of 170 the site. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross -site pedestrian pathways shall have a minimum clear width of six feet in the city center frame, and a minimum clear width of eight feet in the city center core, and shall be protected from abutting parking and vehicular circulation areas with landscaping. (e) Drive -through facilities and stacking lanes shall not be located along, or in conjunction with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and shall meet the separation, screening, and design standards listed in FWRC 19.115.050(7)(b)(ii), (iii), and (iv). (f) Above -grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: (i) Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or (ii) A 15-foot-wide strip of Type III landscaping along the base of the facade; or (iii) A decorative grille or screen that conceals interior parking areas from the right-of- way. (g) Facades of parking structures shall be articulated above the ground level pursuant to FWRC 19.115.060(3)(a). (h) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. (i) Chain -link fences shall not be allowed. Barbed or razor wire shall not be used. Ordinance No. 23-949 Page 37 of 170 (j) For residential uses, subsections (1)(g) through (j), (1), (m), (o), (q), and (r) of this section shall apply. (4) For all residential zones. (a) Nonresidential uses. Subsections (1)(g) through (k)La) through (f) and (a) 4,,.^,,g (r' (p) through (q) of this section shall apply. (b) Non -single-family residential uses except for zero lot line townhouse residential uses and attached dwelling units. Subsections (1)(g) through (r) of this section shall apply. (c) Zero lot line townhouse residential uses and attached dwelling units. Subsections (1)0), (1) through (o), and (r) of this section shall apply. Section 12. FWRC 19.125.160 is hereby amended to read as follows: 19.125.160 Structures and improvements. No improvement or structure may be in a required yard except as follows: (1) A driveway and/or parking area subject to the standards of FWRC 19.130.240. (2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard. (3) An improvement or structure that is not more than 18 inches above finished grade may extend not more than five feet into a required yard. (4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any required yard. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the elements extend. Ordinance No. 23-949 Page 38 of 170 (5) Fences and railings not over six feet in height may be located in required yards subject to the fence regulations contained within this chapter. (6) Rockeries and retaining walls may be located in required yards if: (a) The rockery or retaining wall is not being used as a direct structural support for a major improvement; (b) The rockery or retaining wall is reasonably necessary to provide support to a cut, fill, or slope; and (c) The rockery or retaining wall also meets the requirements of FWRC 19.120.120 et seq. (7) Signs may be located in required yards subject to provisions of Chapter 19.140 FWRC. (8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial, office and industrial zones. (9) In low and medium density residential zones, the applicant may, through process III, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: (a) The proposed structure is no more than eight feet high above finished grade; (b) The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; (c) The proposed structure contains no more than 120 square feet in total area; (d) No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed pre-existing improvements of the subject property; and (e) Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. Ordinance No. 23-949 Page 39 of 170 (10) Construction -related outdoor storage containers may be temporarily placed in the required front yard of a single-family residential lot if approved under FWRC 19.275.44-0080, and portable moving containers may be temporarily placed in the required front yard of any lot if approved under FWRC 19.275.428090. (11) In single-family residential zones one mechanical unit (heat pump, air conditioner, emergency generator, or similar unit) associated with the onsite residence in a side or rear yard. Section 13. FWRC 19.130.020 is hereby amended to read as follows: 19.130.020 Number of spaces — Minimum. (1) Generally. Except as provided in subsection (3) of this section, the number of parking spaces required by Chapters 19.195 through 19.240 FWRC for any particular use is the minimum number of parking spaces required for that use, and the applicant shall provide at least that number of spaces. (2) Guest parking for residential uses. For residential uses, the city may require guest parking spaces in excess of the required parking spaces, if there is inadequate guest parking on the subject property. (3) The number of parking spaces required by this Code for a particular use may be reduced only when the use for which the parking is required: (a) Provides shared parking in accordance with FWRC 19.130.120; (b) Is located in the CC-C or CC-F zones and is accompanied by a traffic demand management plan which, as a condition of project approval, the applicant shall implement. In such an instance, the director may approve reduction of the required number of parking spaces by up to 20 percent. Transportation demand management options which can be considered by the director include, but are not limited to, the following: Ordinance No. 23-949 Page 40 of 170 (i) Private vanpool operation; (ii) Transit/vanpool fare subsidy; (iii) Preferential parking for carpools/vanpools; (iv) Flexible work -hour schedule; (v) Participation in a ride -matching program; or (vi) Bicycle parking facilities; (c) Is located in the CC-C or CC-F zones, is adjacent to a public street right-of-way classified to allow on -street parking and the applicant makes a one-time contribution to a city fund established strictly to fund development of on -street parking. The amount of the contribution will be based on a per stall cost established by the city, and the required number of stalls may be reduced on a one -for -one basis according to the amount of the contribution paid; (d) Provides a parking study in accordance with FWRC 19.130.080(2). (4) The number of parking spaces required by this Code for a particular use shall be reduced, as needed, to be consistent with the following: (a) For all housing units constructed after July 1, 2019, that are affordable to very low- income or extremely low-income individuals and that are located within one -quarter mile of a transit stop that receives transit service at least two times Der hour for twelve or more hours per day, no more than one parking space per bedroom or .75 space per unit shall be required, unless the unit is located in an area that the director determines has a lack of access to street parking capacity, ph, physical impediments, or other reasons supported by evidence that would make on -street parking infeasible for the unit. Ordinance No. 23-949 Page 41 of 170 (b) For housing units constructed after July 1, 2019, that are specifically for seniors or people with disabilities and that are located within one -quarter mile of a transit stop that receives transit service at least four times per hour for twelve or more hours per day, no parking shall be required except for staff and visitors. unless the unit is located in an area that the director determines has a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on -street parking infeasible for the unit. (c) For market rate multifamily housing units constructed after July 1, 2019, that are located within one -quarter mile of a transit stop that receives transit service from at least one route that provides service at least four times per hour for twelve or more hours per day, no more than one parking space per bedroom or .75 space unless the unit is located in an area that the director determines has a lack of access to street parking_ capacity, physical space impediments, or other reasons supported by evidence that would make on -street parking infeasible for the unit. Section 14. FWRC 19.145.410 is hereby amended to read as follows: 19.145.410 Wetland identification and delineation. (1) Generally. Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements. All areas within the city meeting the wetland designation criteria are hereby designated critical areas and are subject to the provisions of this chapter. Wetland delineations are valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. Ordinance No. 23-949 Page 42 of 170 (2) Evaluation. If the city determines that a wetland may exist on or within 221-S-300 feet of the subject property, the director may require the applicant to submit a wetland report prepared by a qualified professional. The written report and the accompanying plan sheets shall contain the following information: (a) Critical area report information identified in FWRC 19.145.080. (b) Identification of all local, state, and/or federal wetland related permit(s) required for the proposal. (c) Documentation of fieldwork, including field data sheets, rating system forms, and baseline hydrologic data. (d) Description of the methodologies used to conduct the wetland delineations, rating system forms, or impact analyses, including references. (e) Identification and characterization of all wetlands and buffers on and within 2-7�-S 300 feet of the subject property. For off -site areas with limited or no access, estimate conditions using best available information. (f) Provide the following for each wetland identified on and/or within 272-5 300 feet of the subject property. Acreage estimates, classifications, and ratings shall be based on entire wetland complexes, not only the portion present on the subject property: (i) Wetland rating and score for each function; (ii) Required buffers; (iii) Hydrogeomorphic classification; (iv) Wetland acreage; (v) Cowardin classification of vegetation communities; (vi) Habitat elements; Ordinance No. 23-949 Page 43 of 170 (vii) Soil conditions based on site assessment and/or soil survey information; and (viii) To the extent possible, hydrologic information such as location and condition of inlet/ outlets, estimated water depths within the wetland, and estimated hydroperiod patterns based on visual cues (e.g., algal mats, drift lines, and flood debris). (g) An evaluation of the functions of the wetland and adjacent buffer. Include reference for the method used and data sheets. Section 15. FWRC 19.145.440 is hereby amended to read as follows: 19.145.440 Development within wetland buffers. (1) Generally. Except as allowed in this section, no development or improvement may be located within a wetland buffer. (2) Trails. The director may provide written approval for passive pedestrian recreation facilities designed in accordance with an approved critical area report and the following standards: (a) Trails are composed of pervious surfaces no more than five feet in width. Raised boardwalks and wildlife viewing structures composed of non -treated pilings may also be considered; (b) Trails are generally located parallel to the perimeter of the wetland and within the outer 25 percent of the buffer; and (c) Trails shall avoid the removal of mature trees. (3) Stormwater management facilities. The director may provide written approval for stormwater management facilities limited to stormwater dispersion outfalls and bioswales within the outer 25 percent of the buffer of category III and IV wetlands if the location of such facilities will not degrade the functions or values of the wetland. Ordinance No. 23-949 Page 44 of 170 (4) Permanently altered buffer. The director may provide written approval for a buffer reduction when existing conditions are such that portions of the required buffer exist in a permanently altered state (e.g., roadways, paved parking lots, and permanent structures) and do not provide any buffer function. The buffer may be reduced up to the area where the altered conditions exist. (5) Buffer averaging. The city will review and decide upon buffer averaging using process III in Chapter 19.65 FWRC, based on the following criteria that shall be added to the critical areas report: (a) The total area of the buffer after averaging is equal to the area required without averaging; (b) The buffer is increased adjacent to the higher functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower functioning or less sensitive portion; (c) The buffer at its narrowest point is not reduced to less than 75 percent of the required width; and (d) Unless authorized in writing by a consenting neighboring property owner, the averaging will remain on the subject property. (6) Buffer reduction with enhancement. Buffers widths may be reduced by up to 25 percent on a case -by -case basis if the project includes a buffer enhancement plan that clearly substantiates that an enhanced buffer will improve and provide additional protection of wetland functions and values. Buffer reductions may not be used in combination with buffer averaging. The city will review and decide upon buffer reductions using process III in Chapter 19.65 FWRC, based on the following criteria: (a) It will not adversely affect water quality; Ordinance No. 23-949 Page 45 of 170 (b) It will not adversely affect the existing quality of the wetland or buffer wildlife habitat; (c) It will not adversely affect drainage or stormwater retention capabilities; (d) It will not lead to unstable earth conditions nor create erosion hazards; (e) It will not be materially detrimental to any other property or the city as a whole; and (f) All exposed areas are stabilized with native vegetation, as appropriate. A buffer enhancement plan, prepared by a qualified professional, shall be incorporated into the critical area report. The plan shall assess the habitat, water quality, stormwater retention, groundwater recharge, and erosion protection functions of the existing buffer; assess the effects of the proposed modification on those functions; and address the six approval criteria of this section. (7) Buffer increases. The director shall require increased buffer widths, on a case -by -case basis, when a larger buffer is necessary to protect functions, values or hazards based on site -specific conditions. This determination shall be supported by appropriate documentation showing that additional buffer width is reasonably related to protection of the functions and values of the wetland, and/or protection of public health, safety and welfare. Such determination shall be attached as permit conditions. The determination must include but not be limited to the following criteria: (a) The wetland contains habitat for species listed as threatened, endangered, candidate, sensitive, monitored, or documented priority species or habitats by state or federal agencies, and additional buffer is necessary to maintain viable functional habitat; (b) The adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or (c) The adjacent land has minimal vegetative cover or slopes greater than 30 percent. Ordinance No. 23-949 Page 46 of 170 Section 16. FWRC 19.195.015 is hereby amended to read as follows: I19.195.015 Permanent supportive housing and transitional housing. The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) b Permanent Process 5 30 20 20 10% 30 ft. See 1. Any proposed permanent supportive housing or transitional housing supportive housing III acres ft. ft. ft. above notes 9, facility with more than two units, or which brings the total number of and transitional average a+4GI_10 permanent supportive housing or transitional housing units on the housing building and 11. property to more than three units, must be distanced at least one and elevation one-third miles (7,040 ft.) from any property with more than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 10 residences located within a single structure per lot. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. S. The housing will operate under a written community engagement Ordinance No. 23-949 Page 47 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Process Lot Size Front Side (each) Rea r Lot Coverag e Height of Stru ctu re Parking Spaces SPECIAL REGULATIONS AND NOTES b plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 10. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 11. Minimum residential parking requirements subject to FWRC 19.130.120(4). (Continued on next page) Ordinance No. 23-949 Page 48 of 170 USE REGULATIO b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review LotTFrontRearjCoverage Lot Height of Parking Process Size Structure SpacesSPECIAL REGULATIONS AND NOTES Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.195.015 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) Structure b 12.. The housing will operate under a written operational plan that will include, at a minimum, the following: Ordinance No. 23-949 Page 49 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) Structure b a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. Ordinance No. 23-949 Page 50 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) Structure b f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 17. FWRC 19.200.020 is hereby amended to read as follows: Ordinance No. 23-949 Page 51 of 170 I19.200.020 Zero lot line townhouse and townhouse (attached) dwelling units. The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side (each) Rear Coverage Structure Spaces USE REGULATIONS SPECIAL REGULATIONS AND NOTES b Attached dwelling Process III 10,000 sq. 20 ft. for 5 ft. for 5 ft. for 60% 30 ft. 2 per 1. These uses may be permitted only if units for ft. with at attached attached attached above dwelling they meet the following criteria: attached least 5,000 dwelling dwelling dwelling average unit, see a. The site is designed to be dwelling sq. ft. per units units units building note 13. compatible with any nearby low Zero lot line units unit for elevation density uses. townhouse attached 20 ft. or 10 0 ft., 5 ft., 5 ft. or 20 b. The site is designed to preserve attached dwelling Subdivision dwelling ft. for zero 10 ft. for ft. for zero See note 5 larger aggregations of open space units review for units lot line zero lot lot line for zero lot than would development of the zero lot townhouse line townhouse line subject property with detached These uses are line See note 2 development townhouse dwelling townhouse dwelling units. allowed only in RS townhouse for zero lot dwelling units dwelling c. The scale of development on the 5.0 zones dwelling line See note 4 units units subject property is compatible with units townhouse See note 4 any nearby low density uses. dwelling See note 4 2. Minimum site area for zero lot line units townhouse development shall be 10,000 sq. ft. 3. Each building shall consist of a minimum of two units and a maximum of eight units in each grouping. Ordinance No. 23-949 Page 52 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side (each) Rear Coverage Structure Spaces USE REGULATIONS SPECIAL REGULATIONS AND NOTES b 4. For zero lot line townhouse development, the following shall apply: a. Each dwelling unit must be located on its own lot of record. b. Minimum front yard setback is 20 ft. when parking/garage is located in the front of the townhouse. Otherwise, minimum front yard setback is 10 ft. There are no required side yards between attached units. c. For a group of two to six attached units, the required side yard is five ft. d. For more than six attached units, the required side yard is 10 ft. e. Minimum rear yard setback is five ft., except that minimum rear yard setback is 20 ft. from the property line for garages that are accessed via an alley or drive aisle. 5. Two off-street parking spaces including one garage shall be provided for each zero lot line townhouse unit. 6. The subject property must contain Ordinance No. 23-949 Page 53 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side (each) Rear Coverage Structure Spaces USE REGULATIONS SPECIAL REGULATIONS AND NOTES b at least 400 sq. ft. of open space per dwelling unit. This includes a minimum of 200 sq. ft. of private open space for each unit and the remainder as usable common open space. Private open space may include yards, patios, and balconies. Type III landscaping 10 ft. in width shall be provided along all arterial rights -of - way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. At least 10 percent of the public open space must be developed and maintained with children's play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case the open space shall be developed with age - appropriate equipment. If the subject property contains four or more units, this required public open space must be in one or more pieces, each having both a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 Ordinance No. 23-949 Page 54 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES b percent of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 7. Chapter 19.265 FWRC contains regulations regarding home occupations and other accessories, facilities and activities associated with this use. 8. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 9. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 10. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 11. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 12. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 13. Minimum residential parking Ordinance No. 23-949 Page 55 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side (each) Rear Coverage Structure Spaces USE REGULATIONS SPECIAL REGULATIONS AND NOTES b requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 18. FWRC 19.200.045 is hereby amended to read as follows: I19.200.045 Permanent supportive housing and transitional housing. The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: Ordinance No. 23-949 Page 56 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Permanent Process See 20 10 20 See 30 ft. See 1. Minimum lot size is as follows: supportive housing III note ft. ft. ft. note 9 above notes 11, a. In RS 35.0 zones, the minimum lot size is 35,000 sq. ft. and transitional 1 average aPA-12 b. In RS 15.0 zones, the minimum lot size is 15,000 sq. ft. housing building and 15. c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft. elevation d. In RS 7.2 zones, the minimum lot size is 7,200 sq. ft. e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft. 2. Any proposed permanent supportive housing or transitional housing facility with more than two units, or which brings the total number of permanent supportive housing or transitional housing units on the property to more than three units, must be distanced at least one and one-third miles (7,040 ft.) from any property with more than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 3. There shall be no more than six residences located within a single structure per lot. 4. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to Ordinance No. 23-949 Page 57 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see Chapter 19.70 FWRC. FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.200.045 Permanent supportive housing and transitional housing. (Continued) SE ZONE CHART REGULATIONSIDIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Ordinance No. 23-949 Page 58 of 170 Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE (each) Structure SPECIAL REGULATIONS AND NOTES b 9. Maximum lot coverage is as follows: a. In RS 35.0 = 50%. b. In RS 15.0 = 50%. c. In RS 9.6 = 60%. d. In RS 7.2 = 60%. e. In RS 5.0 = 60%. f. See FWRC 19.110.020(2) for calculation of lot coverage for flag lots. 10. The subject property must contain at least 400 sq. ft. of open space per dwelling unit. This includes a minimum of 200 sq. ft. of private open space for each unit and the remainder as usable common open space. Private open space may include yards, patios, and balconies. Type III landscaping 10 ft. in width shall be provided along all arterial rights -of - way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. At least 10% of the public open space must be developed and maintained with children's play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case the open space shall be developed with age - appropriate equipment. If the subject property contains four or more units, this required public open space must be in one or more pieces, each having both a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two Ordinance No. 23-949 Page 59 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b employees 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.70 FWRC. seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.200.045 Permanent supportive housing and transitional housing. (Continued) SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IRequiredl Minimums I Maximums Required REGULATIONS Review Lot I Required Yards Lot lHeight IParking Ordinance No. 23-949 Page 60 of 170 USE b Process Size Front SideRear (each) Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. Ordinance No. 23-949 Page 61 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 14. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 15. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC. seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. N Section 19. FWRC 19.200.100 is hereby amended to read as follows: Ordinance No. 23-949 Page 62 of 170 I19.200.100 Senior citizen or special needs housing. The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 4 b Senior citizen or Process As 20 5 ft. 5 See 30 ft. Senior 1. Minimum lot size for this use is as follows: special needs IV established ft. ft. note 9 above housing: a. In RS 35.0 zones, the minimum lot size is 35,000 sq. ft. housing (stacked on the average 1 for b. In RS 15.0 zones, the minimum lot size is 15,000 sq. ft. dwelling units) zoning See notes 2, 5 building each c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft. map. and 10 elevation. dwelling d. In RS 7.2 zones, the minimum lot size is 7,200 sq. ft. unit e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft. See notes See note 2. If any portion of a structure is adjacent to a single-family 1 and 5 5 Special residential zone, then the structure shall be set back a minimum needs of 20 ft. from the property line of the residential zone. housing: 3. All buildings must be gabled with pitched roofs. 0.5 for 4. The city may permit this use if it meets the following criteria: each unit. a. The subject property is situated in close proximity to, and has convenient access to, public transportation, shopping, See note health care providers and other services and facilities frequently 17 and utilized by the intended residents of the subject property. 18. b. The proposed development will not create unreasonable impacts on traffic, public utilities and services or on nearby residential. 5. The city will determine the number of dwelling units or occupancy rooms or suites permitted in the proposed Ordinance No. 23-949 Page 63 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Side USE REGULATIONS Front (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES b Process I, II, III and IV are described in Chapter 19.55 FWRC, Ordinance No. 23-949 development and may permit or require modification of the required yard, lot coverage, height, landscaping and other similar dimensional and site design requirements based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of any facilities within these units, rooms or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design and other design features of the proposed development. 6. The city may approve the limited commercial establishments listed in subsection (6)(c) of this section on the first floor, if all of the following criteria are satisfied: a. Locating limited commercial uses on the subject property is clearly reasonable considering the size of the subject property, the location of the subject property and access to the subject property. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. Page 64 o f 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Side USE REGULATIONS Front (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES b Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 1 19.200.100 Senior citizen or special needs housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b b. Any adverse impacts or undesirable effects of locating retail establishments on the subject property can be eliminated or significantly reduced through conditions imposed as part of the approval. c. The city may approve the following limited retail establishments under this section: (1) Grocery stores containing no more than 3,000 sq. ft.; (2) Pharmacies; (3) Clothing cleaners; (4) Beauty and/or barber shops; Ordinance No. 23-949 Page 65 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b (5) Banks, excluding drive-in facilities; (6) Travel agents; (7) Restaurants, including fast food restaurants; (8) Arts and craft supply stores; (9) Flower and gift shops. 7. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 8. Chapter 19.270 FWRC contains regulations regarding home occupations. 9. Maximum lot coverage is as follows: a. In RS 35.0 = 50 percent. b. In RS 15.0 = 50 percent. c. In RS 9.6 = 60 percent. d. In RS 7.2 = 60 percent. e. In RS 5.0 = 60 percent. 10. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 12. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 13. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 14. For affordable housing requirements, see FWRC 19.110.010. 15. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include common open spaces such as plazas, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. All eligible usable open Ordinance No. 23-949 Page 66 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 16. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 17. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 18. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 20. FWRC 19.205.010 is hereby amended to read as follows: Ordinance No. 23-949 Page 67 of 170 I19.205.010 Zero lot line townhouse and townhouse (attached) dwelling units. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Height parking Process Lot Size Lot Width Front Side (each) Rear Lot Coverage of S aces P SPECIAL USE REGULATIONS Structure REGULATIONS AND b NOTES Attached dwelling Process II 7,200 sq. 20 ft. for 20 ft. for 5 ft. for 5 ft. for No max. lot 35 ft. 2.0 per 1. The allowable units for ft. for individual attached attached attached coverage is unit, see density is as follows: attached attached lots within a dwelling dwelling dwelling established. note 13. a. In RM 3.6 zones, dwelling dwelling zero lot line units units units The 12 units per acre. Zero lot line units units with townhouse buildable See note 5 b. In RM 2.4 zones, townhouse a density development 20 ft. or 10 10 ft., 5 ft., 5 ft. or 20 area will be for zero lot 18 units per acre. dwelling units Subdivision established ft. for zero 0 ft. for ft. for zero determined line c. In RM 1.8 zones, review for on the lot line zero lot lot line by other site townhouse 24 units per acre. zero lot zoning townhouse line townhouse development dwelling 2. Minimum site area line map dwelling townhouse dwelling requirements units for zero lot line townhouse units dwelling units townhouse dwelling See notes units development shall be units 1, 2 and 4 See note 4 See note 4 7,200 sq. ft. See note 4 3. Each building shall consist of a minimum of two units and a maximum of eight units in each grouping. 4. For zero lot line Ordinance No. 23-949 Page 68 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Height Parking Process Lot Size Lot Width Front Side (each) Rear Lot Coverage of Spaces p SPECIAL USE REGULATIONS Structure REGULATIONS AND b NOTES townhouse development, the following shall apply: a. The minimum lot size shall be at least 2,250 sq. ft. in the RM 3.6 zone and 1,500 sq. ft. in the RM 2.4 and RM 1.8 zones. b. Each dwelling unit must be located on its own lot of record. c. Minimum front yard setback is 20 ft. when parking/garage is located in the front of the townhouse. Otherwise, minimum front yard setback is 10 ft. There are no required side yards between attached units. d. For a group of two to six attached Ordinance No. 23-949 Page 69 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Height Parking Process Lot Size Lot Width Front Side (each) Rear Lot Coverage of Spaces p SPECIAL USE REGULATIONS Structure REGULATIONS AND b NOTES units, the required side yard is five ft. e. For more than six attached units, the required side yard is 10 ft. f. Minimum rear yard setback is five ft., except that minimum rear yard setback is 20 ft. from the property line for garages that are accessed via an alley or drive aisle. 5. Two off-street parking spaces, including one garage, shall be provided for each zero lot line townhouse unit. (Continued on next page) Ordinance No. 23-949 Page 70 of 170 SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Reauired Yards Required Review Process Lot Size Lot Width USE REGULATIONS Front Side (each) Rear b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Maximums quired Height Parking Lot Coverage of Spaces SPECIAL cture REGULATIONS AND NOTES For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.205.010 Zero lot line townhouse and townhouse (attached) dwelling units. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums I Maximums Required REGULATIONS Review Lot Lot I Required Yards I Lot jHeightParking Ordinance No. 23-949 Page 71 of 170 USE b Process Size Width Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES 6. The subject property must contain at least 400 sq. ft. of open space per dwelling unit. This includes a minimum of 200 sq. ft. of private open space for each unit and the remainder as usable common open space. Private open space may include yards, patios, and balconies. Type III landscaping 10 ft. in width shall be provided along all arterial rights -of -way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. At least 10 percent of the public open space must be developed and maintained with children's play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case the open space shall be developed with age -appropriate equipment. If the subject property contains four or more units, this required public open space must be in one or more pieces, each having both a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 percent of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 7. Chapter 19.265 FWRC contains regulations regarding home occupations and other accessories, facilities and activities associated with this use. Accessory dwelling units are not permitted in either a townhouse or zero lot line townhouse development. 8. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. For community design guidelines that apply to the Ordinance No. 23-949 Page 72 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Lot Height Parking Process Size Width Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b project, see Chapter 19.115 FWRC. 11. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 12. For affordable housing requirements, see FWRC 19.110.010. 13. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, Chapter 19.55 FWRC, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see Chapter 19.70 FWRC respectively. FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. M Section 21. FWRC 19.205.040 is hereby amended to read as follows: Ordinance No. 23-949 Page 73 of 170 I19.205.040 Multifamily dwelling units. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Multifamily dwelling Process 7,200 sq. 20 5 ft. 5 60 In RM 3.6 See 1. The minimum amount of lot area per dwelling unit is as units (stacked II ft. with a ft. ft. percent and 2.4 notes follows: dwelling units) density as in RM zones, 30 13,E a. In RM 3.6 zones, the subject property must contain at least established See notes 5 3.6 ft. above 14 and 3,600 sq. ft. of lot area per dwelling unit. on the and 8 zone. 70 average 15. b. In RM 2.4 zones, the subject property must contain at least zoning percent building 2,400 sq. ft. of lot area per dwelling unit. map in RM elevation. c. In RM 1.8 zones, the subject property must contain at least 2.4 zone In RM 1.8 1,800 sq. ft. of lot area per dwelling unit. See note 1 and 1.8 zones, 35 2. All buildings must be gabled with pitched roofs. zone ft. above 3. The subject property must contain at least 400 sq. ft. per average dwelling unit of usable open space usable for many activities and building may include common open spaces such as plazas, recreation elevation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space See note provided must be common open space. Private open space such 5 as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. At least 10 percent of this required open space must be developed and maintained with children's play equipment. If the Ordinance No. 23-949 Page 74 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b subject property contains four or more units, this required open space must be in one or more pieces each having a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 percent of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 4. If located along an arterial or collector and is visible from the right-of-way, up to 50 percent of the total length of the ground floor facade of all buildings facing a right-of-way may be developed with commercial uses allowed by office/retail use zone chart, FWRC 19.215.010, or entertainment use zone chart, FWRC 19.215.020. The commercial ground floor uses may occupy up to a maximum depth of 15 ft. and a minimum interior height of 13 ft. of commercial space for any single tenant. 5. If any portion of a structure on the subject property is within 100 ft. of a single-family residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. 6. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings, and structures. Accessory dwelling units are not permitted. 7. Chapter 19.270 FWRC contains regulations regarding home occupations. 8. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. Ordinance No. 23-949 Page 75 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see Chapter 19.70 FWRC respectively. FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. I 19.205.040 Multifamily dwelling units. (Continued) SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS KequirE REGULATIONS Review Minimums I Maximums lRequired Required Yards Lot lHeight of Parking Ordinance No. 23-949 Page 76 of 170 Process Size Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES Front Side Rear USE (each) b 10. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 11. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 12. For affordable housing requirements, see FWRC 19.110.010. 13. Parking spaces shall be provided as follows: Efficiency dwelling units — 1.0 per unit Studio dwelling units — 1.25 per unit One bedroom dwelling units — 1.5 per unit Dwelling units with two bedrooms or more — 2.0 per unit. 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 15. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see Chapter 19.70 FWRC respectively. FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 17 Section 22. FWRC 19.205.070 is hereby amended to read as follows: Ordinance No. 23-949 Page 77 of 170 I19.205.070 Senior citizen or special needs housing. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Senior citizen Process 7,200 20 5 ft. 5 60 In RM 3.6 Senior 1. All buildings must be gabled with pitched roofs. housing or special II sq. ft. ft. ft. percent and 2.4 citizen 2. The city will determine the number of dwelling units or occupancy needs housing zones, 30 housing: rooms or suites in the proposed development and may permit or (stacked dwelling See See notes 2, 4and See ft. above 1 for require modification of the required yard, lot coverage, height, units) note 7 note 2 average each landscaping, and other similar dimensional and site design 2 building unit requirements based on the following criteria: elevation. a. The specific nature of the occupancy and the persons that will be In RM 1.8 Special housed in the proposed development. zones, 35 needs b. The size of the dwelling units or occupancy rooms, or suites and ft. above housing: the specific configuration of and facilities within these units, rooms or average 0.5 for suites. building each c. The impacts on nearby residential uses of the proposed elevation unit development. d. The architecture, site design and other design features of the See See proposed development. notes 2 note 14 3. The city may approve the limited commercial establishments listed in and 4 and 15. subsection (3)(c) of this section, if all of the following criteria are satisfied: a. Locating limited commercial uses on the subject property is clearly reasonable considering the site of the subject property, the location of Ordinance No. 23-949 Page 78 of 170 USE REGULATIO b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot Process Size Front Side (eac Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Required Height of Parking rage Structure Spaces PECIAL REGULATIONS AND NOTES the subject property and access to the subject property. b. Any adverse impacts or undesirable effects of locating retail establishments on the subject property can be eliminated or significantly reduced through conditions imposed as part of the approval. c. The city may approve the following limited retail establishments under this section: (1) Grocery stores containing no more than 3,000 sq. ft. (2) Pharmacies. (3) Clothing cleaners. (4) Beauty and/or barber shops. (5) Banks, excluding drive-in facilities. (6) Travel agents. (7) Restaurants, including fast food restaurants. (8) Arts and craft supply stores. (9) Flower and gift shops. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see Ordinance No. 23-949 Page 79 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.205.070 Senior citizen housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b 4. If any portion of a structure on the subject property is within 100 ft. of a single-family residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. 5. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 6. Chapter 19.270 FWRC contains regulations regarding home occupations. Ordinance No. 23-949 Page 80 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Front Side (each) Rear USE REGULATIONS Required Review Process Lot Size Lot Coverage Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES b 7. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 10. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 11. For affordable housing requirements, see FWRC 19.110.010. 12. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include common open spaces such as plazas, play grounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 13. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 15. Minimum residential parking requirements subject to FWRC 19.130.120(4). Ordinance No. 23-949 Page 81 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot USE REGULATIONS Process Size Fro b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Lot ide .. Rear Coy eight tru Required Parking Spaces Section 23. FWRC 19.205.080 is hereby amended to read as follows: PECIAL REGULATIONS AND NOTES For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.205.080 Permanent supportive housing and transitional housing. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: Ordinance No. 23-949 Page 82 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Permanent Process 7,200 20 5 ft. 5 60% In RM 3.6 See 1. Any proposed permanent supportive housing or transitional housing supportive housing III sq. ft. ft. ft. and 2.4 notes facility with more than two units, or which brings the total number of and transitional zones, 30 10, a -Rd permanent supportive housing or transitional housing units on the housing See ft. above 11 and property to more than three units, must be distanced at least one and note average 14. one-third miles (7,040 ft.) from any property with more than three units 2 building of permanent supportive housing and/or transitional housing, as elevation. measured from the nearest points of each such property. In RM 1.8 2. There shall be no more than 50 residences located within a single zones, 35 facility or complex; and the minimum amount of lot area per dwelling is ft. above as follows: average a. In RM 3.6 zones, the subject property must contain at least 3,600 building sq. ft. of lot area per dwelling. elevation b. In RM 2.4 zones, the subject property must contain at least 2,400 sq. ft. of lot area per dwelling. c. In RM 1.8 zones, the subject property must contain at least 1,800 sq. ft. of lot area per dwelling. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must Ordinance No. 23-949 Page 83 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see Chapter 19.70 FWRC respectively. FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23-949 Page 84 of 170 I19.205.080 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b 9. The subject property must contain at least 400 sq. ft. per dwelling unit of usable open space usable for many activities and may include common open spaces such as plazas, recreation rooms, rooftop terraces, P- patches, pools, active lobbies, and atriums. A minimum of 25% of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 sq. ft. and has a minimum dimension of six ft. At least 10% of this required open space must be developed and maintained with children's play equipment. If the subject property contains four or more units, this required open space must be in one or more pieces each having a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). Ordinance No. 23-949 Page 85 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES b 12. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.70 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.205.080 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART REGULATIONS DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Ordinance No. 23-949 Page 86 of 170 Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking USE Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES b c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 14. Minimum residential parking requirements subject to FWRC Ordinance No. 23-949 Page 87 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.70 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 24. FWRC 19.215.050 is hereby amended to read as follows: I19.215.050 Multifamily dwelling units. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS REGULATIONSIRequiredl Minimums lHeight of lRequired Ordinance No. 23-949 Page 88 of 170 USE 4 b Review Process Lot Size Required Front Yards Side (each) Rear Structure Parking Spaces SPECIAL REGULATIONS AND NOTES Multifamily dwelling Process None Same as these Same as See 1. All buildings must be gabled with pitched roofs. units (stacked II regulations for these notes 2. This use may be located on the ground floor of the structure if the dwelling units) ground floor regulations 15 —4-7 ground floor contains one or more of the commercial uses allowed by use for ground � office/retail use zone chart, FWRC 19.215.010, or entertainment use zone floor use chart, FWRC 19.215.020. See notes 4, 5 3. The commercial ground floor uses must occupy at least 50 percent of and 10 See note 5 the total length of the ground floor facade of all buildings facing a right- of-way. The commercial ground floor uses must also occupy a minimum depth of 15 ft. and a minimum interior height of 13 ft. of commercial space for any single tenant. 4. The subject property must contain at least 2,400 sq. ft. of lot area per dwelling unit or one acre for every 18 dwelling units. 5. If any portion of a structure on the subject property is within 100 ft. of a single-family residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., required buffers, parking lot landscaping, surface water facilities, among others. 7. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 8. Chapter 19.270 FWRC contains regulations regarding home occupations. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 10. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. Ordinance No. 23-949 Page 89 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 12. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 13. For affordable housing requirements, see FWRC 19.110.010. 14. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit and may include common open space such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.70 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23-949 Page 90 of 170 I19.215.050 Multifamily dwelling units. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 15. Parking spaces shall be provided as follows: Efficiency dwelling units — 1.0 per unit One bedroom dwelling units — 1.5 per unit Studio dwelling units — 1.25 per unit Dwelling units with two bedrooms or more — 2.0 per unit. 16. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 17. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 18. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23-949 Page 91 of 170 Section 25. FWRC 19.215.070 is hereby amended to read as follows: I19.215.070 Permanent supportive housing and transitional housing. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b Permanent Process See 20 5 ft. 5 None See See 1. Any proposed permanent supportive housing or transitional housing supportive housing III note ft. ft. note 8 notes facility with more than two units, or which brings the total number of and transitional 2 10, a -Rd permanent supportive housing or transitional housing units on the housing 11 and property to more than three units, must be distanced at least one and 14. one-third miles (7,040 ft.) from any property with more than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 50 residences located within a single facility or complex; and the subject property must contain at least 2,400 sq. ft. of lot area per dwelling or one acre for every 18 units. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. Ordinance No. 23-949 Page 92 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking USE REGULATIONS Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES b 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. If any portion of the structure is within 100 ft. of a single-family residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. 9. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit and may include common open space such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25% of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 sq. ft. and has a minimum dimension of six ft. (Continued on next page) Ordinance No. 23-949 Page 93 of 170 SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot Process Size Front Side USE REGULATIONS (ead b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Req u i red leight f parking Spaces tructure PECIAL REGULATIONS AND NOTES For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.215.070 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage °f Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Ordinance No. 23-949 Page 94 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 12. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a Ordinance No. 23-949 Page 95 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 14. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23-949 Page 96 of 170 IN Section 26. FWRC 19.215.150 is hereby amended to read as follows: 19.215.150 Senior citizen or special needs housing. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximum Required Yards Required Required Review Lot Height of Parking Process Size Front Side Rear Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) b Senior citizen or Process None Senior housing 35 ft. Senior 1. All buildings must be gabled with pitched roofs. special needs II or, or special needs citizen 2. Commercial uses allowed in this zone may be permitted on the housing (stacked with housing: same See note housing: ground floor of stacked senior citizen or special needs housing with a dwelling units) SEPA, as these 3 1 for minimum floor -to -ceiling height of 13 ft. Process requirements each 3. If any portion of a structure on the subject property is within 100 ft. of III for ground floor unit a single-family residential zone, then that portion of the structure shall use not exceed 30 ft. above average building elevation and the structure Special shall be set back a minimum of 20 ft. from the property line of the Stand-alone needs residential zone. senior citizen or housing: 4. The subject property must provide usable open space in a total special needs 0.5 for amount equal to at least 100 sq. ft. per dwelling unit and may include housing: each common open spaces such as plazas, recreation rooms, rooftop terraces, 20 1 5 ft. 1 5 ft. unit p-patches, pools, active lobbies, and atriums. All eligible usable open Ordinance No. 23-949 Page 97 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximum Required Yards Required Required Review Lot Height of Parking Process Size Front Side Rear Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) b space shall also meet the requirements specified in FWRC 19.115.115. A ft. See note fee -in -lieu payment may be utilized for up to 50 percent of the usable See notes 3 and 14 and open space as specified in FWRC 19.115.115. 8 15. 5. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements; e.g., required buffers, parking lot landscaping, surface water facilities, among others. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 11. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 12. Chapter 19.270 FWRC contains regulations regarding home occupations. 13. For affordable housing requirements, see FWRC 19.110.010. 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). Ordinance No. 23-949 Page 98 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximum Required Yards Required Required Review Lot Height of Parking Process Size Front Side Rear Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) b 15. Minimum residential parking requirements subject to FWRC 19.130.120 (4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.65 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 17-834, § 15, 5-16-17.) Section 27. FWRC 19.220.050 is hereby amended to read as follows: I 19.220.050 Multifamily dwelling units. The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS REGULATIONSIRequiredl Minimums lHeight of lRequired Ordinance No. 23-949 Page 99 of 170 USE 4 b Review Process Lot Size Required Front Yards Side (each) Rear Structure Parking Spaces SPECIAL REGULATIONS AND NOTES Multifamily dwelling Process None Same as these 65 ft. See notes 1. All nonresidential ground floor spaces must have a minimum floor -to -ceiling units (stacked II or, regulations for above 5 — 8, and height of 13 ft. and a minimum depth of 15 ft. dwelling units) with ground floor average 18. 2. Building height may not exceed 30 ft. above average building elevation for SEPA, use except 20 building the portion of the building located within 100 ft. from a single-family residential Process ft. abutting elevation zone. III single-family (ABE) 3. All buildings except for related parking structures up to 65 ft. in height (six residential stories), must be gabled with pitched roofs, unless the building is taller than 35 zones See note ft. (three stories) with a rooftop that contributes to the multifamily open space See notes 2 2 requirements. and 14 4. Multi -unit housing and accessory living facilities may be located on the ground floor of a structure only as follows: (a) ground level space that spans at least 60 percent of the total length of the principal commercial facade of all buildings, as determined by the director, is occupied with one or more other use(s) allowed in this zone; and (b) ground level space that spans at least 40 percent of the total length of all other street -facing facades of all buildings is occupied with one or more other use(s) allowed in this zone. Parking in conjunction with other uses allowed in this zone may also be located on the ground floor of the structure if non -visible from the right-of-way or public areas. 5. For 100 dwelling units or more on a subject property, 25 percent of parking shall be underground or on the first floor within the building footprint, except for visitor parking, which can be surface parking. 6. Parking spaces shall be provided as follows: Efficiency dwelling units — 1.0 per unit Studio dwelling units — 1.25 per unit One bedroom dwelling units — 1.5 per unit Dwelling units with two bedrooms or more — 2.0 per unit. 7. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. Ordinance No. 23-949 Page 100 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 8. Alternatively, applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 9. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 10. Chapter 19.270 FWRC contains regulations regarding home occupations. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. I19.220.050 Multifamily dwelling units. (Continued) SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Requiredl Minimums lHeight Required REGULATIONS Review Lot I Required Yards lof Parking Ordinance No. 23-949 Page 101 of 170 Process Size Structure Spaces SPECIAL REGULATIONS AND NOTES Front Side Rear USE (each) b 11. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit, and may include private spaces such as yards, patios, and balconies, as well as common areas such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. 12. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., required buffers, parking lot landscaping, surface water facilities, among others. 13. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 14. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 15. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 16. For affordable housing requirements, see FWRC 19.110.010. 17. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC 18.. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq. Chapter 19.70 FWRC respectively. Ordinance No. 23-949 Page 102 of 170 Section 28. FWRC 19.220.080 is hereby amended to read as follows: I19.220.080 Senior citizen or special needs housing. The following uses shall be permitted in the community business (BQ zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear S p aces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Senior citizen or Process None Senior housing 65 ft. Senior 1. All buildings, except for related parking structures up to 65 ft. in height (six special needs housing II or, or special above citizen stories), must be gabled with pitched roofs, unless the building is taller than 35 (stacked dwelling with needs housing: average housing: ft. (three stories) with a rooftop that contributes to the multifamily open space units) SEPA, same as these building 1 for requirements. Process requirements elevation each 2. If any portion of a structure on the subject property is within 100 ft. of a III for ground (ABE) unit single-family residential zone, then that portion of the structure shall not floor use exceed 30 ft. above average building elevation, and the structure shall be set See note Special back a minimum of 20 ft. from the property line of the single-family residential Stand-alone 2 needs zone. senior citizen housing: 3. Commercial uses allowed in this zone may be permitted on the ground floor or special 0.5 per of stacked senior citizen or special needs housing with a minimum floor -to - needs housing each ceiling height of 13 ft. 20 5 ft. 5 unit 4. For 100 units or more on a subject property, 25 percent of parking shall be ft. ft. underground, or on the first floor within the building footprint, except for Ordinance No. 23-949 Page 103 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear S p aces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b See visitor parking, which can be surface parking. See notes 2 and 12 notes 4 5. Alternatively, applicant may choose to submit a parking study in accordance aPA-5 with FWRC 19.130.080(2). and 16. 6. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 7. Chapter 19.270 FWRC contains regulations regarding home occupations. 8. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include common open spaces such as plazas, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu payment may be utilized for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 9. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 10. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., required buffers, parking lot landscaping, surface water facilities, among others. 11. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 12. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 13. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 14. For affordable housing requirements, see FWRC 19.110.010. Ordinance No. 23-949 Page 104 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear S p aces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 15. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 16. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.65 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 29. FWRC 19.220.100 is hereby amended to read as follows: I19.220.100 Permanent supportive housing and transitional housing. The following uses shall be permitted in the community business (BQ zone subject to the regulations and notes set forth in this section: USE ZONE CHART REGULATIONSIDIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Ordinance No. 23-949 Page 105 of 170 Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE (each) SPECIAL REGULATIONS AND NOTES b Permanent Process None 0/20 10/20 10/20 None 55 ft. See 1. Any proposed permanent supportive housing or transitional supportive housing III above notes housing facility with more than two units, or which brings the total and transitional average 14, a -Rd number of permanent supportive housing or transitional housing housing building 15 and units on the property to more than three units, must be distanced at elevation 18. least one and one-third miles (7,040 ft.) from any property with more (ABE) than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each See such property. notes 9 2. There shall be no more than 50 residences located within a single and 10 facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, Ordinance No. 23-949 Page 106 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES b for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Building height may not exceed 30 ft. above average building elevation for the portion of the building located within 100 ft. from a single-family residential zone. 10. All buildings, except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs, unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 11. Housing and accessory living facilities may be located on the ground floor only as follows: (a) ground level space that spans at least 60% of the total length of the principal commercial facade of all buildings, as determined by the director, is occupied with one or more other use(s) allowed in this zone; and (b) ground level space that spans at least 40% of the total length of all other street -facing facades of all buildings is occupied with one or more other use(s) allowed in this zone. Parking in conjunction with other uses allowed in this zone may also be located on the ground floor of the structure if nonvisible from the right-of-way or public areas. (Continued on next page) Ordinance No. 23-949 Page 107 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.220.100 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b 12. All nonresidential ground floor spaces must have a minimum floor -to - ceiling height of 13 ft. and a minimum depth of 15 ft. 13. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit, and may include Ordinance No. 23-949 Page 108 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b private spaces such as yards, patios, and balconies, as well as common areas such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25% of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 sq. ft. and has a minimum dimension of six ft. 14. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 15. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 16. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, Ordinance No. 23-949 Page 109 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES b ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23-949 Page 110 of 170 I19.220.100 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Required Yards Required Review Lot Lot Process Size Front Side Rear Coy USE REGULATIONS (each) b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Ordinance No. 23-949 Required eight parking F Spaces PECIAL REGULATIONS AND NOTES d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 17. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 18. Minimum residential parking requirements subject to FWRC 19.130.120(4). For other information about parking and parking areas, see Chapter 19.130 FWRC. Page 111 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot Process Size Front Side USE REGULATIONS b Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Required Lot Height Parking Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES Section 29. FWRC 19.220.105 is hereby amended to read as follows: 19.220.105 Emergency housing and shelter. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Required Height of Review Lot Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 4 b Emergency housing Process None 5 ft. See notes 45 ft. See 1. Minimum side and rear yards shall be 20 ft. adjacent to residential zones and Ordinance No. 23-949 Page 112 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces p USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b and shelter III 1 and 2 above notes five ft. adjacent to all other zones. average 13, a� 2. The city may permit these uses only if: — Except 20 building 14 and a. The proposed emergency housing and shelter is distanced at least 1,000 ft. along elevation 17. from: s single- ngle- (AABE) to i. Any other emergency housing and shelter; or family 55 ft. ii. Public schools; residential AABE As measured from the nearest points of each such property. zones b. The facility and program secure and maintain all licenses and/or approvals See note 10 See as required by the state. notes 6 c. The property is situated proximate to, and has convenient access to, public and 7 transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (i) how the facility will engage with the community; (ii) how the facility will respond to community complaints or concerns; and (iii) who is the point of Ordinance No. 23-949 Page 113 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces p USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23-949 Page 114 of 170 I19.220.105 Emergency housing and shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4. A minimum of one unit and no more than five percent of the total dwelling units in a mixed -use development may be social services transitional housing. 5. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case -by -case basis. 6. If approved by the director of community development, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft.; b. Height also complies with note 7; c. Height over 40 ft. is set back from nonresidential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. 7. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. 8. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, Ordinance No. 23-949 Page 115 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces p USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b parking lot landscaping, surface water facilities, etc. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 10. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 12. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 13. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23-949 Page 116 of 170 I19.220.105 Emergency housing and shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 15. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing Ordinance No. 23-949 Page 117 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces p USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 16. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC, unless operated as a result of inclement weather, natural disaster, or similar event. 17. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23-949 Page 118 of 170 Section 30. FWRC 19.225.055 is hereby amended to read as follows: I 19.225.055 Emergency housing and shelter. The following uses shall be permitted in the city center core (CC-Q zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required USE REGULATIONS Review Process Lot Size Front Side (each) Rear of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES b Emergency housing Process None 20 5 ft. 70 ft. See 1. Minimum side and rear yards shall be 20 ft. along residential zones and five ft. and shelter III ft. or notes 11, along all other zones. 200 ft. a-R4 12 2. The city may permit these uses only if: and 15. a. The proposed emergency housing and shelter is distanced at least 1,000 ft. See from: note 5 i. Any other emergency housing and shelter; or ii. Public schools; As measured from the nearest points of each such property. b. The facility and program secure and maintain all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are Ordinance No. 23-949 Page 119 of 170 SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Yards Required IHeight Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (i) how the facility will engage with the community; (ii) how the facility will respond to community complaints or concerns; and (iii) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23-949 Page 120 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 19.225.055 Emergency housing and shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4. Floor area requirements, minimum sleeping areas, and bathroom facilities will Ordinance No. 23-949 Page 121 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required USE REGULATIONS Review Process Lot Size Front Side (each) Rear of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES b be determined on a case -by -case basis. S. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). (Continued on next page) Ordinance No. 23-949 Page 122 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Reauired Yards Required Review Lot Process Size USE REGULATION b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Height Required of Parking Side Rear Structure Spaces (each) ECIAL REGULATIONS AND NOTES IFor other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.055 Emergency housing and shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior Ordinance No. 23-949 Page 123 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 14. All facilities are required to be licensed pursuant to the provisions of Ordinance No. 23-949 Page 124 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Chapter 12.35 FWRC, unless operated as a result of inclement weather, natural disaster, or similar event. 15. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, 65 Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Section 31. FWRC 19.225.070 is hereby amended to read as follows: Ordinance No. 23-949 Page 125 of 170 I19.225.070 Multifamily dwelling units, senior citizen, or special needs housing. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Multifamily dwelling Process None Multifamily 70 ft. Multifamily 1. The city may, using process III, modify required yard, height, lot coverage, units (stacked II dwelling units, or dwelling and other site design and dimensional requirements for a proposed dwelling units) Possible senior housing, 200 ft. units: 1 per development that meets the following criteria: Process or special unit if a. The proposed development will be consistent with the adopted Senior citizen or III needs housing: See underground comprehensive plan policies for this zone; and special needs same as these notes 1 or in b. The proposed development will be consistent with the applicable housing (stacked See regulations for and 7 structured design guidelines; and dwelling units) note 1 ground floor parking or c. The street, utilities, and other infrastructure in the area are adequate to use 1.7 per unit support the proposed development. if surface 2. No setback is required adjacent to rights -of -way for senior citizen and Stand-alone parking special needs housing, when publicly visible street-scape amenities, as senior citizen defined in FWRC 19.05.190, are located along the right-of-way; the siting or special See notes 21 and design of which shall be approved by the director. needs housing: _ 2-425. 3. The entire ground floor must be utilized with retail space(s) with a 20 5 ft. 5 minimum floor -to -ceiling height of 13 ft. ft. ft. Senior 4. Retail uses allowed in this zone may be permitted on the ground floor of citizen stacked senior citizen or special needs housing with a minimum floor -to - See notes 1, 2 housing: 1 ceiling height of 13 ft. and 12 for each unit 5. Primary building entries to residential, retail, or parking must face an arterial street with no multifamily residential ground -floor parking visible Ordinance No. 23-949 Page 126 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required USE REGULATIONS Review Process Lot Size Front Side (each) Rear of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES b Special from arterial streets. needs 6. All buildings, except for related parking structures up to 65 ft. in height (six housing: 0.5 stories), must be gabled with pitched roofs, unless the building is taller than for each unit 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 7. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 8. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private open spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee - in -lieu payment may be utilized for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 9. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. (Continued on next page) Ordinance No. 23-949 Page 127 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.070 Mint:_..., housing- . Multifamily dwelling units, senior citizen, or special needs housing (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 10. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., required buffers, parking Ordinance No. 23-949 Page 128 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b lot landscaping, surface water facilities, among others. 11. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 12. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 13. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 14. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 15. Chapter 19.270 FWRC contains regulations regarding home occupations. 16. For affordable housing requirements, see FWRC 19.110.010. 17. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 18. Single -story buildings may not exceed a total ground floor area of 16,000 gross sq. ft., unless approved under the provisions of FWRC 19.110.080, or approved by the director for minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar features; provided, that such addition(s) shall not exceed 1,000 sq. ft. per building in any one consecutive 12-month period. 19. No more than 16,000 sq. ft. of new single -story construction may occur on a subject property, excluding increases approved under the provisions of FWRC 19.110.080 and minor additions approved by the director under note 18. 20. Multiple -story buildings are not subject to notes 18 and 19; provided, that each floor contains at least 75 percent of the gross sq. ft. of the floor below it and contains a retail use(s). 21. Parking may be provided underground or above ground in structured parking or may be permitted as surface parking. 22. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. Ordinance No. 23-949 Page 129 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 23. Surface parking areas for multifamily development must be located so that they are not visible from arterials or pedestrian oriented walkways. When determined by the community development director or designee that such requirement is not feasible, surface parking may be screened from public view by a compact evergreen hedge, a solid wall or fence, or in a manner approved by the community development director or designee. 24. Required parking may be reduced under the provisions of FWRC 19.130.020(3) (a), (b), (c), and (d). 25. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23-949 Page 130 of 170 Section 32. FWRC 19.225.075 is hereby amended to read as follows: I19.225.075 Permanent supportive housing and transitional housing. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b Permanent Process None 10 ft. None 70 ft. or See 1. Any proposed permanent supportive housing or transitional housing supportive housing III 200 ft. notes facility with more than two units, or which brings the total number of and transitional 16, a -PA permanent supportive housing or transitional housing units on the housing See 17 and property to more than three units, must be distanced at least one and notes 20. one-third miles (7,040 ft.) from any property with more than three units 11 and of permanent supportive housing and/or transitional housing, as 12 measured from the nearest points of each such property. 2. There shall be no more than 110 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. Ordinance No. 23-949 Page 131 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES b 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Where the building is located near a right-of-way, the ground floor must consist of nonresidential space(s) with a minimum floor -to -ceiling height of 13 ft.; or residential spaces that contribute an active presence to the streetscape. 10. Primary building entries to residential, retail, or parking must face an arterial street with no multifamily residential ground floor parking visible from arterial streets. 11. All buildings, except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs, unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 12. Building height may be increased from the permitted outright height Ordinance No. 23-949 Page 132 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.225.075 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums I Maximums Required REGULATIONS Review Lot I Required Yards Lot Height Parking Ordinance No. 23-949 Page 133 of 170 USE b Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES 13. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private open spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, P-patches, pools, active lobbies, and atriums. A minimum of 25% of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu payment may be utilized for up to 50% of the usable open space as specified in FWRC 19.115.115. 14. Any common open space requirements may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 15. Surface parking areas must be located so that they are not visible from arterials or pedestrian -oriented walkways. When determined by the director or designee that such requirement is not feasible, surface parking may be screened from public view by a compact evergreen hedge, a solid wall or fence, or in a manner approved by the community development director or designee. 16. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 17. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 18. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, Ordinance No. 23-949 Page 134 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.225.075 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS lRequiredl Minimums I Maximums Required REGULATIONS Review Lot I Required Yards Lot lHeight Parking Ordinance No. 23-949 Page 135 of 170 USE b Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 19. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 20. Minimum residential parking requirements subject to FWRC 19.130.120(4). Ordinance No. 23-949 Page 136 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot USE REGULATIONS Process Size Fro b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Required ide Lot of fight Parking �achl Rear Coverage Structure Spaces Section 33. FWRC 19.230.055. is hereby amended to read as follows: 19.230.055 Emergency housing and shelter. PECIAL REGULATIONS AND NOTES For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: Ordinance No. 23-949 Page 137 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces p USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Emergency housing Process None 5 ft. See notes 45 ft. See 1. Minimum side and rear yards shall be 20 ft. along residential zones and five and shelter III 1 and 2 above notes 11, ft. along all other zones. average a�12 2. The city may permit these uses only if: See note 8 building and 15. a. The proposed emergency housing and shelter is distanced at least 1,000 elevation ft. from: (AABE) i. Any other emergency housing and shelter; or to 55 ft. ii. Public schools; AABE As measured from the nearest points of each such property. b. The facility and program secure and maintain all licenses and/or approvals See as required by the state. notes 4 c. The property is situated proximate to, and has convenient access to, public and 5 transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (1) how the facility will engage with the community; (2) how the Ordinance No. 23-949 Page 138 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces p USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b facility will respond to community complaints or concerns; and (3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. I19.230.055 Emergency housing and shelter. (Continued) SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Requiredl Minimums lHeight Required REGULATIONS Review Lot I Required Yards lof Parking Ordinance No. 23-949 Page 139 of 170 USE b Process Size Front SideRear (each) Structure Spaces SPECIAL REGULATIONS AND NOTES 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4. If approved by the director of community development, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft.; b. Height also complies with note 5; c. Height over 40 ft. is set back from all residential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. S. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. For landscaping requirements that apply to the project, see Ordinance No. 23-949 Page 140 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Chapter 19.125 FWRC. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. I19.230.055 Emergency housing and shelter. (Continued) SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IRequiredl Minimums lHeight Required REGULATIONS Review Lot I Required Yards lof Parking Ordinance No. 23-949 Page 141 of 170 USE b Process Size Front SideRear (each) Structure Spaces SPECIAL REGULATIONS AND NOTES 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall Ordinance No. 23-949 Page 142 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 14. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC, unless operated as a result of inclement weather, natural disaster, or similar event. 15. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Section 34. FWRC 19.230.060. is hereby amended to read as follows: Ordinance No. 23-949 Page 143 of 170 I19.230.060 Multifamily dwelling units, senior citizen, or special needs housing. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Multifamily dwelling Process None Multifamily 70 ft. Multifamily 1. The city may, using process III, modify required height, yard, landscape units (stacked II dwelling units, or dwelling and other site design and dimensional requirements for a proposed dwelling units) Possible senior housing, 85 ft. units: 1 per development that meets the following criteria: Process or special unit if a. The proposed development will be consistent with the adopted Senior citizen or III needs housing: See underground comprehensive plan policies for this zone; and special needs Same as these notes 1, or in b. The proposed development will be consistent with applicable design housing (stacked See requirements 5 and 6 structured guidelines; and dwelling units) note 1 for ground parking or c. The street utilities and other infrastructure in the area are adequate to floor use 1.7 per unit support the proposed development. if surface 2. All buildings, except for related parking structures up to 65 ft. in height (six Stand-alone parking stories), must be gabled with pitched roofs, unless the building is taller than senior citizen 35 ft. (three stories) with a rooftop that contributes to the multifamily open or special See notes 21 space requirements. needs housing: _ 24-24. 3. Multi -unit housing and accessory living facilities may be located on the 20 5 ft. 5 ground floor of a structure only as follows: (a) ground level space that spans ft. ft. Senior at least 60 percent of the total length of the principal commercial facade of citizen all buildings, as determined by the director, is occupied with one or more See notes 1, 6, housing: 1 other use(s) allowed in this zone; and (b) ground level space of all buildings 10, and 12 for each unit that span at least 40 percent of the length of any other street -facing facades is occupied with one or more other use(s) allowed in this zone; and (c) all Ordinance No. 23-949 Page 144 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Special ground level nonresidential space(s) have a minimum floor -to -ceiling height needs of 13 ft. and an average depth of 30 ft., but in no case less than 15 ft. housing: 4. Commercial uses allowed in this zone may be permitted on the ground 0.5 for each floor of stacked senior citizen or special needs housing with a minimum unit floor -to -ceiling height of 13 ft. 5. Building height may be increased from the permitted outright height of 70 ft. to 85 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 6. Structures on property that adjoins a single-family residential zone shall be set back a minimum of 20 ft. from the property line adjacent to the single- family residential zone. The height of structures shall not exceed 30 ft. above average building elevation when located within 100 ft. from such property line. 7. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. (Continued on next page) Ordinance No. 23-949 Page 145 of 170 SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Reauired Yards Required Height Required Review Lot of Parking USE REGULATIONS (each) Process Size Front Side Rear Structure Spaces b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. SPECIAL REGULATIONS AND NOTES For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.230.060 Multifamily dwelling units, senior citizen, or special needs housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 8. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study Ordinance No. 23-949 Page 146 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b documents that less common open space will be adequate to serve the needs of the residents. 9. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., buffers, parking lot landscaping, surface water facilities, among others. 10. No setback is required adjacent to rights -of -way for senior citizen and special needs housing, when publicly visible streetscape amenities, as defined in FWRC 19.05.190, are located along the right-of-way, the siting and design of which shall be approved by the director. 11. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 12. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 13. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 14. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 15. Chapter 19.270 FWRC contains regulations regarding home occupations. 16. For affordable housing requirements, see FWRC 19.110.010. 17. For provisions that relate to the keeping of animals, see FWRC 19.260.010 et seq. 18. Single -story buildings may not exceed a total ground floor area of 16,000 gross sq. ft., unless approved under the provisions of FWRC 19.110.080, or approved by the director for minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar features; provided, that such addition(s) shall not exceed 1,000 sq. ft. per building in any one consecutive 12-month period. 19. No more than 16,000 sq. ft. of new single -story construction may occur on a Ordinance No. 23-949 Page 147 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b subject property, excluding increases approved under the provisions of FWRC 19.110.080 and minor additions approved by the director under note 18, above. 20. Multiple -story buildings are not subject to notes 18 and 19, above; provided, that each floor contains at least 75 percent of the gross sq. ft. of the floor below it and contains a principal use(s) permitted in this zone. 21. Parking may be provided underground or above ground in structured parking or may be permitted as surface parking. 22. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 23. Required parking may be reduced under the provisions of FWRC 19.130.020(3) (a), (b), (c), and (d). 24. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23-949 Page 148 of 170 Section 35. FWRC 19.230.065. is hereby amended to read as follows: I19.230.065 Permanent supportive housing and transitional housing. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b Permanent Process None 10 ft. None 70 ft. or See 1. Any proposed permanent supportive housing or transitional housing supportive housing III 85 ft. notes facility with more than two units, or which brings the total number of and transitional 15, a -PA permanent supportive housing or transitional housing units on the housing See 16 and property to more than three units, must be distanced at least one and notes 9 19. one-third miles (7,040 ft.) from any property with more than three units and 10 of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 110 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. Ordinance No. 23-949 Page 149 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES b 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Building height may be increased from the permitted outright height of 70 ft. to 85 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 10. Structures on property that adjoins a single-family residential zone shall be set back a minimum of 20 ft. from the property line adjacent to the single-family residential zone. The height of structures shall not exceed 30 ft. above average building elevation when located within 100 ft. from such property line, unless the project proposes utilizing an existing building. 11. All buildings, except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs, unless the Ordinance No. 23-949 Page I50 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.70 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. I 19.230.065 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS lRequiredl Minimums I Maximums Required REGULATIONS Review ILot I Required Yards ILot lHeight JParking Ordinance No. 23-949 Page 151 of 170 USE b Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES 12. Where the building is located near a right-of-way, the ground floor must consist of nonresidential space(s) with a minimum floor -to -ceiling height of 13 ft.; or residential spaces that have been designed to contribute to an active presence to the streetscape. 13. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, P-patches, pools, active lobbies, and atriums. A minimum of 25% of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50% of the usable open space as specified in FWRC 19.115.115. 14. Any common open space requirements may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 15. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 16. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 17. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the Ordinance No. 23-949 Page 152 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b subject site to services and schools must be provided to residents. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.65 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 1 19.230.065 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Required Yards Required Review Lot Lot Height parking USE REGULATIONS Process Size Front Side Rear Coverage of Spaces (each) Structure SPECIAL REGULATIONS AND NOTES Ordinance No. 23-949 Page 153 of 170 Process I, II, III and IV are described in Chapter 19.55 FWRC, c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 18. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 19. Minimum residential parking requirements subject to FWRC 19.130.120(4). For other information about parking and parking areas, see Chapter 19.130 FWRC. Ordinance No. 23-949 Page 154 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot USE REGULATIONS Process Size Fro b Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Required ide Lot of fight Parking �achl Rear Coverage Structure Spaces Section 36. FWRC 19.240.085. is hereby amended to read as follows: PECIAL REGULATIONS AND NOTES For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.240.085 Permanent supportive housing and transitional housing. The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Ordinance No. 23-949 Page 155 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Permanent Process None 5 ft. See note None 45 ft. See 1. Any proposed permanent supportive housing or transitional housing supportive housing III 12 above notes facility with more than two units, or which brings the total number of and transitional average 13, a -Rd permanent supportive housing or transitional housing units on the housing building 14 and property to more than three units, must be distanced at least one and elevation 17. one-third miles (7,040 ft.) from any property with more than three units (AABE) of permanent supportive housing and/or transitional housing, as to 55 ft. measured from the nearest points of each such property. AABE 2. There shall be no more than 110 residences located within a single and four facility or complex. floors 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other See services and facilities frequently utilized by the residents of the notes 9 property. and 10 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. Ordinance No. 23-949 Page 156 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot USE REGULATIONS Process Size Fro b Process I, II, III and IV are described in Chapter 19.55 FWRC, Ordinance No. 23-949 Required ide Lot Height of Parking , Rear Coverage Structure Spaces ECIAL REGULATIONS AND NOTES 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. If approved by the director, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft.; b. Height complies with note 10; c. Height over 40 ft. is set back from all residential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. Page 157 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot USE REGULATIONS Process Size Fro b Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Required ide Lot Height of Parking , Rear Coverage Structure Spaces ECIAL REGULATIONS AND NOTES For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.240.085 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b 10. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. 11. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop Ordinance No. 23-949 Page 158 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b terraces, P-patches, pools, active lobbies, and atriums. A minimum of 25% of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50% of the usable open space as specified in FWRC 19.115.115. 12. Minimum side and rear yards shall be 20 ft. adjacent to single-family residential zones and five ft. adjacent to all other zones. 13. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 15. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; Ordinance No. 23-949 Page 159 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES b iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23-949 Page 160 of 170 I19.240.085 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Required Yards Required Review Lot Lot Process Size Front Side Rear Coy USE REGULATIONS (each) b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Ordinance No. 23-949 Required eight parking F Spaces PECIAL REGULATIONS AND NOTES d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 16. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 17. Minimum residential parking requirements subject to FWRC 19.130.120(4). For other information about parking and parking areas, see Chapter 19.130 FWRC. Page 161 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot USE REGULATIONS Process Size Fro b Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Required ide Lot of fight Parking �achl Rear Coverage Structure Spaces Section 37. FWRC 19.240.095. is hereby amended to read as follows: 19.240.095 Emergency housing and shelter. PECIAL REGULATIONS AND NOTES For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Maximum Required Review Lot Height of Parking Process Size Front Side Rear Structure(s) Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Emergency housing Process None 5 ft. See notes 45 ft. See 1. Minimum side and rear yards shall be 20 ft. adjacent to single-family Ordinance No. 23-949 Page 162 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Maximum Required Review Lot Height of Parking Process Size Front Side Rear Structure(s) Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b and shelter III 1 and 2 above notes residential zones and five ft. adjacent to all other zones. average 10, a - Rd 2. The city may permit this use only if: See note 3 building 11 and a. The proposed emergency housing and shelter is distanced at least 1,000 elevation 14. ft. from: (AABE) to i. Any other emergency housing and shelter; or 55 ft. ii. Public schools; AABE As measured from the nearest points of each such property. b. The facility and program secure and maintain all licenses and/or See notes approvals as required by the state. 3 and 4 c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The facility will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (i) how the facility will engage with the community; (ii) how the facility will respond to community complaints or concerns; and (iii) who is the Ordinance No. 23-949 Page 163 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Maximum Required Review Lot Height of Parking Process Size Front Side Rear Structure(s) Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. I19.240.095 Emergency housing and shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Requiredl Minimums IMaximum IRequirE REGULATIONS Review ILot I Required Yards jHeight of IParking Ordinance No. 23-949 Page 164 of 170 USE b Process Size Front Side (each) Rear Structure(s) Spaces SPECIAL REGULATIONS AND NOTES 3. If approved by the director, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft.; b. Height also complies with note 4; c. Height over 40 ft. is set back from nonresidential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. 4. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. 5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Dwelling units with two bedrooms or more — 2.0 per unit + one per two employees Ordinance No. 23-949 Page 165 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Maximum Required Review Lot Height of Parking Process Size Front Side Rear Structure(s) Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. I 19.240.095 Emergency housing and shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Requiredl Minimums IMaximum IRequirE REGULATIONS Review IlLot I Required Yards lHeight of IParking Ordinance No. 23-949 Page 166 of 170 USE b Process Size Front Side (each) Rear Structure(s) Spaces SPECIAL REGULATIONS AND NOTES 12. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior, and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the Ordinance No. 23-949 Page 167 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Maximum Required Review Lot Height of Parking Process Size Front Side Rear Structure(s) Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC, unless operated as a result of inclement weather, natural disaster, or similar event. 14. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.65 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23-949 Page 168 of 170 Section 38. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 39. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 40. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 41. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 7th day of February 2023. [signature to follow] Ordinance No. 23-949 Page 169 of 170 CITY OF FEDERAL WAY: ATTEST: S P AN1E COURTNEY, , CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 01/11/2023 PASSED BY THE CITY COUNCIL: 02/07/2023 PUBLISHED: - 02/10/2023 EFFECTIVE DATE: 03/12/2023 ORDINANCE NO.: 23-949 Ordinance No. 23-949 Page 170 of 170