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ORD 23-968 - Relating to Residential Open Space Sub & Zoning AmendmentsORDINANCE NO.23-968 AN ORDINANCE of the City of Federal Way, Washington, relating to residential open space; amending FWRC 18.55.030,18.55.040,18.55.060, 18.60.030, 19.05.030, 19.05.150, 19.100.070, 19.125.060, 19.200.020, 19.200.040, 19.200.045, 19.200.100, 19.205.010, 19.205.040, 19.205.050, 19.205.070, 19.205.080, 19.215.050, 19.215.070, 19.215.150, 19.220.050, 19.220.080, 19.220.100, 19.225.070, 19.225.075, 19.230.060, 19.230.065, 19.240.085, and 19.115.115 (Amending Ordinance Nos. 90-41, 90-43, 93- 170, 94-223, 96-270, 97-291, 98-309, 98-330, 99-333, 00-375, 01-381, 01- 385, 01-399, 02-423, 02-424, 03-450, 05-506, 06-515, 06-542, 07-545, 07- 554, 07-559, 08-583, 08-585, 09-593, 09-605, 09-610, 10-652, 10-658, 10- 678, 12-724, 12-727, 12-735, 13-754, 16-822, 17-834, 20-898, 21-921, 22- 929, 22-932, 23-949, and 23-958) WHEREAS, the City of Federal Way ("City) recognizes the need to periodically modify Title 18 (Subdivisions) and Title 19 (Zoning and Development) 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, residential open space requirements within subdivision and zoning codes should be clear and consistent among uses and zones; and WHEREAS, updates to residential open space provisions of FWRC are needed to implement the Housing Action Plan, and to more fully implement the Comprehensive Plan; and WHEREAS, on June 6, 2023, the City passed Ordinance No. 23-957, which adopted a Park Impact Fee in the City for the first time; and WHEREAS, updates to residential open space provisions of FWRC are needed to attract the Ordinance No. 23-968 Page I of 125 types and quantity of housing necessary within the City of Federal Way; and WHEREAS, current open space requirements under FWRC may sometimes increase the potential for natural areas to be lost in order to accommodate usable open space; and WHEREAS, the City's residential open space requirements should be generally consistent with other similarly situated cities to as not to disincentivize development in the City; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the proposed various code amendments on May 12, 2023, no appeals were filed and the appeal period expired on June 16, 2023; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on June 21, 2023, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Finance, Economic Development & Regional Affairs Committee of the City Council of the City of Federal Way considered these code amendments on July 25, 2023, and recommended adoption of the proposed code 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 findings 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. Ordinance No. 23-968 Page 2 of 125 (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of Title 18 and Title 19 under FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. 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 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: Parks, Recreation & Open Space ("PROS") Plan (part of Capital Facilities chapter) Policy N.3: To gain maximum effect on overall parks and recreation system, audit and revise City code requirements for on -site open space, and revise to require contribution to larger parks system rather than small, on -site parcels. PROS Plan Goal B.1, Policy B.3: Explore ways to allow for informal play and recreation opportunities by incorporating unprogrammed spaces such as fields and forested areas. Land Use Chapter Goal 1: Create an attractive, welcoming and functional built environment. Policy LUP 2: Use zoning regulations to achieve a greater range of housing options in Ordinance No. 23-968 Page 3 of 125 multifamily designations. Land Use Chapter Goal 33: Provide a wide range of housing densities and types in the single-family designated areas. Policy L UP 15: Revise existing land use regulations to provide for innovation and flexibility in the design of new single-family developments and in -fill. Policy L UP 17. Encourage the development of parks and the preservation of open space in and adjacent to residential areas to provide adequate recreational opportunities and preserve the natural setting of Federal Way. Land Use Chapter Goal 4: Provide a wide range of housing types and densities commensurate with market demand, adopted housing targets, and the community's needs and preferences. Policy L UP 20: Allow and encourage a variety of multi -family housing types in designated commercial areas, especially in the City Center Core and City Center Frame. Policy L UP 22: Multi -family residential development should be designed to provide privacy and common open space. Housing Goal 3: Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the City. Housing Policy 14: Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and don't create unintended barriers. Natural Environment Goal 1; Policy 2: Preserve and restore ecological functions, and Ordinance No. 23-968 Page 4 of 125 enhance natural beauty, by encouraging community development patterns and site planning that maintains and complements natural landforms. Policy L UP 22: Multi -family residential development should be designed to provide privacy and common open space. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they encourage production of housing in the City of Federal Way at a time when the increasing demand for housing is unmet, improve the clarity and consistency of current residential open space requirements, better preserve natural areas, and provide better quality open space. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they improve the consistency and clarity of residential open space requirements, implement the Housing Action Plan, and help avoid unintended barriers to the desired amount and types of housing in Federal Way particularly in the context of the recently adopted Park Impact Fee. Section 3. FWRC 18.55.030 is hereby amended to read as follows: 18.55.030 Density (1) All lots in conventional subdivisions, both long and short subdivisions, binding site plans, and small lot detached developments shall meet the minimum lot size requirements of FWRC Title 19. Minimum lot sizes and density for zero lot line townhouse development are as allowed in FWRC 19.205.010. Minimum lot sizes and density for cottage housing are as allowed in FWRC 19.205.020. Ordinance No. 23-968 Page 5 of 125 (2) Lots created in cluster subdivisions may be below the minimum lot size requirements of FWRC Title 19, Zoning and Development Code, provided the total number of lots created does not exceed the number which would be permitted in a conventional subdivision on a site of the same total area, after reservation of required open space as allowed in FWRC 18.55.040. The maximum number of lots permitted will be calculated by subtracting the required' 5 per -cent for- open space and 20 percent for streets from the gross land available, then dividing by the minimum lot size of the underlying zoning district. (Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 01-381, § 3,1-16-01; Ord. No. 98-330, § 3,12- 15-98; Ord. No. 98-309, § 3, 1-6-98; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.230.10, 16.230.20), 2-27-90. Code 2001 § 20-153.) Section 4. FWRC 18.55.040 is hereby amended to read as follows: 18.55.040 Cluster subdivision (1) Purpose. The term "cluster subdivision" applies to both long and short subdivisions. The purpose of cluster subdivisions is to provide design flexibility, sensitivity to the surrounding environment, and innovation consistent with the site and the comprehensive plan; promote compatibility with housing on adjacent properties through lot size and design; promote affordable housing; promote reduction of impervious surface; promote usable open space; and promote the retention of native vegetation. (2) Standards. (a) The gross land area available for cluster subdivisions must be a minimum of two acres. (b) Lots created in a cluster subdivision may be reduced in size below the minimum required in FWRC Title 19, up to one-half of the size of the underlying zoning requirement, but in no case Ordinance No. 23-968 Page 6 of 125 smaller than 5,000 square feet, per lot; provided, that minimum setback requirements are met. This provision cannot be used together with FWRC 19.110.010(4)(a) (affordable housing bonus). (c) When the cluster subdivision abuts a single-family zoned neighborhood, the lots in the proposed development immediately adjacent shall be no less than the neighboring lot size, or the underlying zoning minimum lot size minus 10 percent, whichever is smaller. (d) Refer to FWRC 19.120.110 for additional development standards for sites with slopes of 15 percent or greater. (e) Open space. (i) Open space created through cluster subdivisions shall be protected from further subdivision or development by covenants filed and recorded with the final plat of the subdivision. (ii) Any subdivision created by this section must provide all open space on -site and it fffus (iii) The subdivision shall provide at least 150 square feet of usable open space on site per residential unit. At least 50 percent of usable open space per unit shall be active open space. (iv_ii) All usable open space must be readily identifiable from streets within the development., and easily accessible by the residents, and have points of access centrallX located within the development. Usable open spaee should be the eentral foetis and an (f) Cluster subdivisions can be constructed with zero lot lines under the following conditions: (i) No more than two units shall share a common wall. Ordinance No. 23-968 Page 7 of 125 (ii) Zero lot line cannot occur in zones of RS 9.6 or greater. (iii) Each dwelling unit shall be built to respect privacy of abutting homes. (iv) Zero lot line development cannot exceed 10 percent of the lots proposed unless it is in a multifamily zone. (v) Each unit shall be intended for owner occupancy. (g) Cluster lots are not eligible for accessory dwelling units under FWRC 19.195.180 or 19.200.180. (3) Approval criteria. The innovative or beneficial overall quality of the proposed development shall be demonstrated by the following criteria: (a) The subdivision provides innovative development, otherwise not allowed, but which promotes the goals of the comprehensive plan for architectural compatibility with single-family housing on adjacent properties. (b) The subdivision provides the required open space. (c) Native trees mare retained in accordance with FWRC 19.120.130 et seq. (d) Cluster lots immediately adjacent to existing neighborhoods have incorporated design elements through lot size and architecture to be compatible as approved by the community developments director. (e) The cluster subdivision will not result in destruction or damage to natural, scenic, or historic features. Ordinance No. 23-968 Page 8 of 125 (f) Each dwelling unit shall meet the design standards in the FWRC community design guidelines for cluster subdivisions. (Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 01-381, § 3, 1-16-01; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 98-309, § 3, 1-6-98; Ord. No. 97-291, § 3, 4- 1-97; Ord. No. 90-41, § 1(16.240.10 — 16.240.30), 2-27-90. Code 2001 § 20-154.) Section 5. FWRC 18.55.060 is hereby amended to read as follows: 18.55.060 Open space and recreation. Ordinance No. 23-968 Page 9 of 125 (1 2) All residential subdivisions, except for subdivisions of 5 or fewer lots, cottage housing and zero lot line townhouse development, shall be required to provide usable open space in the amount of 4-5 per-er4150 square feet per dwelling unit. At least 50 percent of usable open space per dwelling unit shall be active open space. Q Open space requirements for zero lot line townhouse development are found in FWRC 19.205.010 and open space requirements for cottage housing are found in FWRC 19.250.070 and 19.250.080. Q) Except for cluster subdivisions created under FWRC 18.55.040, and small lot detached development created under FWRC 18.25.030, a fee -in -lieu payment may be made to satisfy open space requirements at the discretion of the parks director after consideration of the city's overall park plan, quality, location, and service area of the open space that would otherwise be provided within the project. If the city determines that the location, quality, or extent of the required project open space, particularly on smaller plats, short plats, or other divisions of land, would not fulfill the intent or purpose of useful common open space, a payment of an equivalent fee in lieu of the required project open space shall be paid. The fee in lieu of open space shall be calculated based on the most recent assessed value of the subject property, or in the absence of an assessment, an appraisal conducted by a state -certified real estate appraiser. assessmen4, the mafket value shall be based on an appraisal eendueted by a state eer-tified real est appfaisef. If the applicant offers to pay-meney the fee in lieu of open space, and if the city accepts the offer, the amount shall be determined based upon the square footage of open space which otherwise would have been required to be provided, multiplied by the*he euffe„t �� assessed or Ordinance No. 23-968 Page 10 of 125 appraised value per square foot of the property milmly situated opei4y. For lots within an existing subdivision, where open space was already dedicated or a fee in lieu paid, the percent of open space required will be the difference between the open space dedicated prior and-1-55-pereent the required increased amount, if any, resulting from the new development proposal. Any fees eolleeted shall be utilized within the nark ,.,,,v,rfehe sive pla Open space created through small lot detached development shall be protected from further subdivision or development by covenants filed and recorded with the final plat of the subdivision. All usable open space must beery clearly identifiable from,,, bli right � streets within the development and easily accessible by the residents. Usable open space should be the central focus and an amenity for the project. Ordinance No. 23-968 Page 11 of 125 f4,) An administrative alteration of the open space-e�percentage requirements within the above ea4eger4es may be made by the parks director on a case -by -case basis, but in no case shall the combination of categories totaless tha ' 5result in less than the overall amount of required usable open spaced unless otherwise provided for in FWRC 18.45.010. Review and approval of such cases shall be based on the following considerations: (a) The change in percentage requirements would result in a superior open space plan than could be accomplished under the standard percentage requirements. (b) The availability and types of open space located within the immediate area. (c) The presence on site of environmental features that are unique, rare or of local importance. (d) The opportunities for the preservation of significant views and creation of public access points of interest. (e) The relationship of the proposed open space to the city's park plan. (54) Open space which is part of an adopted parks, recreation, trails or open space plan may be dedicated to the city for such purposes.. and may count toward the minimum open space requirements specified in this title. (66) Open space not part of an adopted parks, recreation, trails or open space plan shall be owned in common undivided interest by all property owners within the land division as members of a homeowners' association or corporation as set out in a declaration of covenants and restrictions, and approved by the city. (16) Subject to approval by the city, ownership in open space may be transferred to a special interest group or organization which shall assume the responsibility of maintaining the open space for its intended purpose. Ordinance No. 23-968 Page 12 of 125 (Ord. No. 10-652, § 5, 4-6-10; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-330, § 3, 12- 15-98; Ord. No. 98-309, § 3, 1-6-98; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.250.10- 16.250.60), 2-27-90. Formerly 20-155. Code 2001 § 20-156.) Section 6. FWRC 18.60.030 is hereby amended to read as follows: 18.60.030 Buffers. (1) Land divisions, except for commercial binding site plans, should provide a 10-foot-wide Type III landscape strip along all arterial streets to shield new residences from arterial streets. See FWRC 19.125.050(3). Said landscape strip shall be provided in a separate tract to be owned and maintained by the homeowners' association —a e—er-edited to the buffer — �. AS of FIAI r' (2) Perimeter fencing in subdivisions shall be located on the interior side of landscape strips planted along arterial streets. (Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-330, § 3,12-15-98; Ord. No. 97-291, § 3, 4- 1-97; Ord. No. 90-41, § 1(16.280.10 — 16.280.30), 2-27-90. Code 2001 § 20-178.) Section 7. FWRC 19.05.030 is hereby amended to read as follows: 19.05.030 C definitions. "Canopy" means a permanent, rigid, roof -like structure that projects from a building as a shelter, with no habitable space above it, but that does not project above the adjacent parapet or roof of a supporting building. A freestanding canopy is a rigid, roof -like structure providing shelter that is supported by one or more posts embedded in the ground. Cargo Containers. See "outdoor storage containers" and "portable moving containers." "Cell -on -wheels (C-O-W) " means a mobile temporary personal wireless service facility. Ordinance No. 23-968 Page 13 of 125 "Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery. "Church, synagogue or other place of religious worship " means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. "Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical methods. "Clearview zone " means the areas around intersections, including the entrance of driveways onto streets, which must be kept clear of sight obstruction. See FWRC 19.135.300. "College or university " means a post -secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. "Collocation " means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. "Commercial recreation facility " means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Ordinance No. 23-968 Page 14 of 125 "Commercial use" means the uses allowed in the commercial zones and the nonindustrial uses permitted in the commercial enterprise zone and not permitted in any other zones of the city. "Commercial vehicle " means any truck over 10,000 pounds gross vehicle weight rating (GVWR), as defined in RCW 46.25.010, which is typically used principally for the transportation of commodities, vehicles, merchandise, produce, freight, or animals; as well as any bulldozers, backhoes, cranes, or similar construction equipment. "Commercial zones " means the BN, BC, CC-C and CC-F zoning districts. "Common space " means an area within a development, which is used primarily by the occupants of that development, such as an entryway, lobby, courtyard, outside dining area, etc. "Community gardens " means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals, or may be farmed collectively by members of a group and may include common areas maintained or used by group members. Food grown is typically for community garden members or as a donation. See also the definitions for "agricultural use," "urban agriculture," and "farm stand." Ordinance No. 23-968 Page 15 of 125 "Community recreation area or clubhouse " means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. "Community service event" or "civic event" means an event or gathering (such as a food fest, concert, fun run, cultural exhibition, or charitable fund-raising event) sponsored by a private or public nonprofit organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic fraternal organizations, theater and arts groups, and charitable organizations. The event may not be primarily for the purpose of selling or promoting merchandise or services. "Comprehensive plan " means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. "Contour line" means the interconnection of points having the same height above sea level. "Convalescent center" means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. "Copy" for signs means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. "Cottage food operation " means a business licensed by the state of Washington to make low -risk food products in a home kitchen and sell directly to consumers. Ordinance No. 23-968 Page 16 of 125 "Cottage housing development (CHD) " means residential development consisting of clusters of between four and 16 detached dwelling units, that includes cottages and may include compact single- family units and meets the following criteria: (1) Dwelling units are limited to a maximum square footage; and (2) Dwelling units are grouped around a common open space; and (3) Developments meet a set of design criteria not applicable to typical single-family developments as stipulated in Chapter 19.250 FWRC. "Critical aquifer recharge areas " means areas in which water reaches the zone of saturation by surface infiltration and includes areas hydrogeologically susceptible to contamination and contamination loading potential including, but not limited to, sole water source aquifer recharge areas, special protection groundwater management areas, wellhead protection areas, and other areas with a critical recharging effect on aquifers used for potable water. "Critical root zone " means an area equal to 12 inches radius for every one inch of tree diameter measured at four and one-half feet above ground. "Cross-section (drawing) " means a visual representation of a vertical cut through a structure or any other three-dimensional form. "Curb cut " means the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part of the curb. "Cut" means a portion of land surface or area from which earth has been removed or will be removed by excavation. Also known as excavation. Ordinance No. 23-968 Page 17 of 125 (Ord. No. 13-754, § 4, 12-3-13; Ord. No. 12-724, § 3, 6-5-12; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 24,1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1.3.) Section 8. FWRC 19.05.150 is hereby amended to read as follows: 19.05.150 O definitions. "Occupant" means a person that legally occupies a structure or property. "Office use " means a place of employment providing services other than production, distribution, sale or repair of goods or commodities, and includes but is not limited to: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of "office": banks, savings and loan companies and similar financial institutions. "Office zones" mean the PO, OP and CP-I zoning districts. "On -site hazardous waste treatment and storage facilities " means facilities which treat and store hazardous wastes generated on the same property or geographically contiguous properties, which may be divided by public or private right-of-way if the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. "Open house " means an event held at a specific location, that is open to the public, and where the event holder remains in attendance during the event. "Open record hearing" means a hearing that creates the city's record of decision for an application Ordinance No. 23-968 Page 18 of 125 or appeal through testimony and submission of evidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. "Open space" means an area of land that is valued for natural processes and wildlife, €ew agricultural production, active and/or passive recreation, and/or f6uproviding other public benefits. In eei4ain eases-, -e-Open space may refer to both outdoor and indoor spaces that provide active and/or passive recreational amenities for a development's occupants or users. "Open space, active," means usable open space that allows for and encourages recreation with the primary activity or focus requiring physical effort. Active open space includes, but is not limited to, the following: (1) Paved or unpaved trails. (2) Boardwalks. (3) Sports courts. (4) Swimming pools. (5) Splash parks. (6) Skate parks. (7) Sports fields (marked), not to exceed slopes of 2 percent. (8) Playground equipment. (9) Community gardens. (10) Dog parks. (11)Open fields (unmarked), not to exceed slopes of 2 percent, that are open and unobstructed by trees, large rocks, walls, steep slopes, standing _ water, or other potential obstructions that Ordinance No. 23-968 Page 19 of 125 restrict the ability to move easily and spontaneously for the purpose of active recreation. Open fields (unmarked) mqy only be used to satisfy active open space requirements under the code if at least two other tyres of active open space are provided. Only the footprint of active open space amenities constitutes active open space, such as the area of a paved or unpaved trail, the area of swimming pools and their pool decks, and the immediate area containing_ playground equipment. "Open space, common, " means open space which is normally utilized by the occupants of a building or property. "Open space, passive," means usable open space that allows for and encourages recreation with the primary activity or focus not requiring_ physical effort. Passive open space includes, but is not limited to, the following: (1) Benches. (2) Picnic tables. (3) Wildlife viewing areas. (4) Rooftop terraces that are usable and accessible to all residents in a development. (5) Bus waiting areas outside right-of-wa. (6) Courtyards or plazas. (7) Shelters. "Open space, private, " means open space, the use of which is normally limited to the occupants of a single dwelling. Ordinance No. 23-968 Page 20 of 125 "Open space, public," means open space owned and maintained by a public agency by4t for the use and enjoyment of the general public. "Open space, usable," means open space that is appropriate for a variety of active and/or passive recreational activities and is not: (1) Covered by parking or drivingareas. reas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. "Ordinary high water mark" means, on lakes, streams and tidal waters, that mark found by examining the bed, banks, or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from that of the abutting uplands with respect to vegetation. Where the ordinary high water mark cannot be found by mark, the ordinary high water mark shall be the line of mean high tide for salt water and the line of mean high water for fresh water. In any stream where neither mark nor mean high water can be found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high water mark or substitute shall be located so as to include the entire stream feature. "Outdoor" means not contained within a building. "Outdoor storage " means any material or item (including vehicles) being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. "Outdoor storage containers " means new or used prefabricated metal or steel enclosures used for the accessory storage of supplies, equipment, inventory, goods, commodities, or construction -related materials; or temporary offices for active construction sites; designed without an axle or wheels; and Ordinance No. 23-968 Page 21 of 125 capable of being mounted on a chassis or bogie for movement by truck, trailer, railcar, or ship. This definition includes, but is not limited to, cargo, shipping, and freight containers; and excludes typical residential accessory buildings or structures such as garages and storage sheds; garbage and recycling containers; containers mounted on a truck or in some stage of transport; structures used or designed to be used as living facilities; and portable moving containers as defined in this chapter. See FWRC 19.125.180 and 19.125.190. "Owner " means, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. (Ord. No. 20-898, § 9, 10-20-20; Ord. No. 12-727, § 7, 9-18-12; Ord. No. 09-610, § 3(Exh. A), 4-7- 09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A),11-4-08; Ord. No. 08-583 § 3(Exh. A), 10-21-08. Code 2001 § 22-1.15.) Section 9. FWRC 19.100.070 is hereby amended to read as follows: 19.100.070 Timing of fee payments. Various sections of this Code require payment of fees to mitigate direct impacts of the development approval. Notwithstanding those fees eligible for deferment pursuant to subsections (1)(b), (1)(c), and (3)(c) of this section, the following describes when such fees shall be calculated and paid: (1) Open space fee -in -lieu. (a) As provided in FWRC 18.55.060 and 19.115.115, a fee in lieu of open space maybe made to satisfy open space requirements at the discretion of the parks director and shall be calculated and paid at the time of plat recording for residential land divisions, or prior to building permit issuance for multifamily developments in the community business, city center core and city center frame zoning districts, unless deferred as noted below. The fee shall be calculated based Ordinance No. 23-968 Page 22 of 125 upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. (b) For those residential land divisions vested prior to July 2, 2015, open space fees -in -lieu may be deferred, but shall be paid no later than the closing of sale of each individual house or five years from deferment of the fee, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant's expense on each lot at the time of plat recording to enforce payment of deferred fees. The fee shall be calculated at the time of plat recording and divided equally among all newly created lots. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. As consideration for the ability to defer open space fee - in -lieu payments beyond plat recording, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. (c) For multifamily developments in the community business, city center core and city center frame zones, open space fees -in -lieu may be deferred, but shall be paid no later than the completion of construction and prior to receipt of certificate of occupancy/approval to occupy for each floor or each building if phased, or five years from the recording of the deferment covenants, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant's expense, prior to building permit issuance, to enforce payment of deferred fees. The fee shall be calculated at the time of recording of the covenants and shall be divided equally among all residential units within the project. The fee shall be calculated based upon the square footage of open space that otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. As consideration for the ability to defer open Ordinance No. 23-968 Page 23 of 125 space fee -in -lieu payments beyond building permit issuance, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. (2) Regional stormwater facility fee -in -lieu. Developments may be able to utilize stormwater detention in one of the city's regional stormwater facilities based on an area fee -in -lieu established by the city. Fees are used for construction cost recovery and shall be paid at the time of plat recording for residential land divisions and prior to building permit issuance for commercial and multifamily developments. (3) Transportation impact fee. Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 36.70B.170 provided otherwise, the fee shall be calculated and paid per the following: (a) For commercial developments, fees shall be calculated based on the impact fee schedule in effect at the time a completed building permit application is filed and paid prior to permit issuance. For a change in use for which no building permit is required, the fee shall be calculated and paid based on the impact fee schedule in effect on the date of an approved change of use. (b) The city shall collect transportation impact fees, based on the fee schedule adopted by city council, from any applicant seeking development approval from the city where such development activity requires the issuance of a residential building permit or a manufactured home permit. (c) For all applications for single-family, multifamily residential building permits, and manufactured home permits, the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Ordinance No. 23-968 Page 24 of 125 Irrespective of the date that the application for a building permit or manufactured home permit was submitted, no permit shall be issued until the required transportation impact fees set forth in the fee schedule have been paid, except as authorized under FWRC 19.100.075. (d) Where a building permit is not required for the development activity, the transportation impact fees shall be paid prior to issuance of the permit that authorizes the activity. (Ord. No. 16-822, § 9, 8-9-16; Ord. No. 12-727, § 6, 9-18-12; Ord. No. 10-658, § 6, 5-18-10.) Section 10. FWRC 19.125.060 is hereby amended to read as follows: 19.125.060 Landscaping requirements by zoning district (1) Suburban Estates, SE. (a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the SE zoning district, except as provided in FWRC 19.125.070. (2) Single -Family Residential, RS. (a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the RS zoning districts, except as provided in FWRC 19.125.070. (3) Multifamily Residential, RM. (a) Type III landscaping 20 feet in width shall be provided along all public rights -of -way and ingress/egress easements, except for zero lot line townhouse and small lot detached development, which shall be required to provide Type III landscaping 10 feet in width along all arterial rights -of -way. Said landscaping shall be in a separate tract and shall be ,sedate to t (b) Type II landscaping 20 feet in width shall be provided along the common boundary abutting single-family zoning districts, except for zero lot line townhouse and small lot detached Ordinance No. 23-968 Page 25 of 125 development. (c) Type III landscaping 10 feet in width shall be provided along all perimeter lot lines, except as noted in subsections (3)(a) and (b) of this section and except for zero lot line townhouse and small lot detached development. (4) Professional Office, PO. (a) Type III landscaping eight feet in width shall be provided along all property lines abutting public rights -of -way and access easements. (b) Type I landscaping 10 feet in width shall be provided along all perimeter property lines abutting a residential zoning district except for schools which shall provide 10 feet of Type II. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (4)(a) and (b) of this section. (5) Neighborhood Business, BN. (a) Type III landscaping five feet in width shall be provided along all properties abutting public rights -of -way and ingress/egress easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width along all perimeter lot lines except as noted in subsections (5)(a) and (b) of this section. (6) Community Business, BC. (a) Type III landscaping five feet in width shall be provided along all properties abutting public rights -of -way and ingress/egress easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property Ordinance No. 23-968 Page 26 of 125 abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (6)(a) and (b) of this section. (7) City Center, CC. (a) Type III landscaping five feet in width shall be provided along the perimeter of parking areas abutting public rights -of -way. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (7)(a) and (b) of this section, except that landscaping is not required along perimeter lot lines abutting rights -of -way, where no required yards apply pursuant to Chapter 19.225 FWRC. (8) Office Park, OP. (a) Type III landscaping 10 feet in width shall be provided along all property lines abutting public rights -of -way and access easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (8)(a) and (b) of this section. (9) Commercial Enterprise, CE. (a) Type III landscaping five feet in width shall be provided along all property lines abutting public rights -of -way and access easements, except industrial uses shall provide Type II Ordinance No. 23-968 Page 27 of 125 landscaping 10 feet in width along such property lines. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of the property abutting a residential zoning district, except industrial uses shall provide Type I landscaping 25 feet in width along such property lines. (c) Type III landscaping five feet in width shall be provided along the perimeter of the property abutting a nonresidential zoning district, except industrial uses shall provide Type H landscaping 10 feet in width along such property lines. (Ord. No. 22-932, § 21, 5-3-22; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(13)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 96-270, § 3(E), 7-2-96; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1566.) Section 11. FWRC 19.200.020 is hereby amended to read as follows: 19.200.020 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 F� Required Yards USE Required Required , Review Parking REGULATIONS b Process Lot Size Front Side (each) Rear Lot Coverage ffeight of Structure Spaces SPECIAL REGULATIONS AND NOTES Attached dwelling units Process III 10,000 sq. 20 ft. for 5 ft. for 5 ft. for 60% 30 ft. 2 per 1. These uses may be for attached ft. with at attached attached attached above dwelling permitted only if they meet dwelling least dwelling dwelling dwelling average unit, see the following criteria: Zero lot line townhouse units 5,000 sq. units units units building note 13 a. The site is designed to attached dwelling units ft. per unit elevation be compatible with any Subdivision for 20 ft. or 10 0 ft., 5 ft., 5 ft. or 20 nearby low density uses. These uses are allowed review for attached ft. for zero 10 ft. for ft. for zero See note 5 b. The site is designed to only in RS 5.0 zones zero lot line dwelling lot line zero lot lot line for zero preserve larger aggregations townhouse units townhouse line townhouse lot line of open space than would dwelling development townhouse dwelling townhouse development of the subject Ordinance No. 23-968 Page 28 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums E Required Yards USE Required Required Review Parking REGULATIONS nFront �Y b Process Lot Size Side (each) Rear Lot Coverage Height of Structure Spaces SPECIAL REGULATIONS AND NOTES units See note 2 dwelling units dwelling property with detached for zero See note 4 units units dwelling units. lot line See note 4 c. The scale of townhouse See note 4 development on the subject dwelling property is compatible with units any nearby low density uses. 2. Minimum site area for zero lot line 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. 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 at least 150400 sq. ft. of usable open space per dwelling unit. Developments of 5 or Ordinance No. 23-968 Page 29 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums E Required Yards USE Required Required Review Parking REGULATIONS nFront �Y b Process Lot Size Side (each) Rear Lot Coverage Height of Structure Spaces SPECIAL REGULATIONS AND NOTES fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. Usable open space This iaslilles must include a minimum of 75280 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 landscaping 10 c . .width shall be provided along all arterial rights of way. Said landscaping shall be in separate tract. d shall be edited to the common At least 100/. percetk of the publie common usable 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�it shall be developed with age - appropriate equipment. If the subject property contains four or more units, this required pubhe-usable 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 pereen4%o 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. Ordinance No. 23-968 Page 30 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums E Required Yards USE Required Required Review Parking REGULATIONS nFront �Y b Process Lot Size Side (each) Rear Lot Coverage Height of Structure Spaces SPECIAL REGULATIONS AND NOTES 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 requirements subject to FWRC 19.130.020. For other information about L Process I, II, lII and IV are described in parking and parking areas, Chapter 19.55 FWRC, see 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. (Ord. No. 23-949, § 17, 2-7-23; Ord. No. 07-554, § 5(Exh. A(6)), 5-15-07; Ord. No. 02-424, § 3, 9- 17-02; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(20.15), 2-27-90. Code 2001 § 22-632.) Ordinance No. 23-968 Page 31 of 125 Section 12. FWRC 19.200.040 is hereby amended to read as follows: 19.200.040 Manufactured home parks. 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 ZONE Yy Required Yards Required Required 1� USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces (each) ear SPECIAL b REGULATIONS AND NOTES Manufactured home Process IV 3 acres with 20 ft. 20 ft. 20 ft. 60% 30 ft. 2 per 1. This use may be parks. at least 5,000 above manufactured permitted only if it meets This use is allowable sq. ft. per average home the following criteria: only in RS 5.0 zones manufactured building a. The proposed home elevation development will be compatible with surrounding uses. b. The proposed site plan demonstrates sensitive and thoughtful layout of the manufactured home park considering the size and configuration of the subject property, the topography and natural features of the subject property and the nature of the surrounding area. c. The proposed site plan avoids repetitive siting of the manufactured homes and encourages privacy for the residents of the manufactured homes. d. The streets providing access to the subject property are adequate to support the movement of manufactured homes to and from the subject property. 2. There be at least a 15 ft. separation between manufactured homes on the subject property. 3. The subject property must contain at least 400 150 sq. ft. of usable open space per manufactured home e. eemrnen Ordinance No. 23-968 Page 32 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Yy Required Yards Required Required 1� USE REGULATIONS n tY b Review Process Lot Size Front Side (each) ear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES reereationa1 open spae-e sable for «.....,y aeti. At least 50% of the common usable open space must be active open space. If the subject property contains four or more manufactured homes, 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 manufactured homes, 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. At least 10% pereent of the common usable open space must be developed and maintained with children's play equpment, except for housing for the exclusive use of persons over 55 years of age, in which case it shall be developed with age -appropriate equipment. 4. No facade of any structure may exceed 120 ft. in length. In addition, any facade of a structure that exceeds 50 ft. in length must be modulated as follows: a. The minimum depth of the modulation is three ft. b. The minimum width of the modulation is four ft. c. The maximum width of the modulation is 35 ft. 5. Each manufactured home must be placed on a permanent foundation or otherwise securely anchored and stabilized. Unless on a foundation, the base of each manufactured Ordinance No. 23-968 Page 33 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Yy Required Yards Required Required 1� USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage Height of Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES home must be surrounded by a skirt. In addition, the exterior appearances of the manufactured homes must be compatible with the character of existing dwelling units in the area. 6. If any portion of a structure on the subject property is within 100 ft. of a low density use, then either: a. The height of that structure shall not exceed 15 ft. above average building elevation; or b. The facade of that portion of the structure parallel to the low density use shall not exceed 50 ft. in length. 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. Ordinance No. 23-968 Page 34 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Required Yards Required USE REGULATIONS Review Process Lot Size Lot eight of Front Side ear Coverage Structure n a((each) I, II, III and IV are described in 19.55 FWRC, 19.60 FWRC, 19.65 FWRC, 19.70 FWRC respectively. ZONE 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. (Ord. No. 02-424, § 3, 9-17-02; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(20.20), 2-27-90. Code 2001 § 22-634.) Section 13. FWRC 19.200.045 is hereby amended to read as follows: 19.200.045 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: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE 7� Required Yards Required Required 1� USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage eight of Structure Spaces Front (each) ear SPECIAL b REGULATIONS AND NOTES Permanent supportive Process III See note 1 20 ft. 10 ft. 20 ft. See note 30 ft. See notes 11, 1. Minimum lot size is as housing and transitional 9 above 12 and 15 follows: housing average a. In RS 35.0 zones, the building minimum lot size is 35,000 elevation sq. ft. b. In RS 15.0 zones, the minimum lot size is 15,000 sq. ft. Ordinance No. 23-968 Page 35 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Yy Required Yards Required Required 1� USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft. 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 Ordinance No. 23-968 Page 36 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Yy Required Yards Required Required 1� USE REGULATIONS n tY b Review Process Lot Size Front Side (each) ear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES 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. 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 400 150 sq. ft. of usable open space per dwelling unit. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. Usable open space This must include includes a minimum of 200 75 sq. ft. of private open space for each unit and the remainder as asable common open space. Private open space Ordinance No. 23-968 Page 37 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Yy Required Yards Required Required 1� USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage Height of Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES may include yards, patios, and balconies. i, ndse,,. ing 10 w . width sha4l be provided along al arterial rights of way. Sai landseaping shall be in separate traet and shall be ..edited to the ,. At least 10% of the pWalie common usable 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-e�it shall be developed with age - appropriate equipment. If the subject property contains four or more units, this required pW&k usable 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 employees 12. Alternatively, an applicant may choose to submit a parking study in Ordinance No. 23-968 Page 38 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Yy Required Yards Required Required 1� USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage Height of Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES 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 5 9. 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. Ordinance No. 23-968 Page 39 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Yy Required Required 1� USE REGULATIONS Review Lot Height of Parking Coverage Structure Process Lot Size Side Spaces n Front (each) ear SPECIAL tY b 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. 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 19.130.020. For other information I, II, III and IV are described in about parking and parking 19.55 FWRC, L areas, see Chapter 19.130 19.60 FWRC, FWRC. 19.65 FWRC, For details of what may 19.70 FWRC respectively. exceed this height limit, Ordinance No. 23-968 Page 40 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Required Yards Required USE REGULATIONS Review Process I Lot Size b ZONE Lot Height of Spaces Coverage Structure Rear SPECIAL REGULATIONS AND NOTES see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 18, 2-7-23; Ord. No. 22-929, § 4, 1-18-22; Ord. No. 21-921, § 19, 10-19-21.) Section 14. FWRC 19.200.100 is hereby amended to read as follows: 19.200.100 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 ZQNE �y Required Yards Required Required li USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage eight of Structure Spaces Front (each) e ar SPECIAL n iY b REGULATIONS AND NOTES Senior citizen or special Process IV As 20 ft. 5 ft. 5 ft. See note 30 ft. Senior 1. Minimum lot size for needs housing (stacked established 9 above housing:l this use is as follows: dwelling units) on the zoning See notes 2, 5 and 10 average for each a. In RS 35.0 zones, the map. building dwelling unit minimum lot size is 35,000 elevation. sq. ft. b. In RS 15.0 zones, the minimum lot size is 15,000 See notes 1 sq• ft. and 5 See note Special needs c. In RS 9.6 zones, the 5 housing: 0.5 minimum lot size is 9,600 for each unit. sq ft d. In RS 7.2 zones, the See notes 17 minimum lot size is 7,200 and 18 sq• ft. e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft. 2. If any portion of a structure is adjacent to a Ordinance No. 23-968 Page 41 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums BONE ry Required Yards Required Required l� USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage eight of Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES single-family residential zone, then the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. 3. All buildings must be gabled with pitched roofs. 4. The city may permit this use if it meets the following criteria: a. The subject property is situated in close proximity to, and has convenient access to, public transportation, shopping, health care providers and other services and facilities frequently utilized by the intended residents of the subject property. 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 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, Ordinance No. 23-968 Page 42 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums BONE ry Required Yards Required Required l� USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES 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. 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. 7. Chapter 19.265 FWRC contains regulations regarding accessory uses, Ordinance No. 23-968 Page 43 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums BONE ry Required Yards Required Required l� USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage eight of Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES 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.InRS7.2=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 m spaees stieh as plazas, ..aftep Developments of 5 or fewer units are exempt from this usable open Ordinance No. 23-968 Page 44 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums BONE ry Required Yards Required Required l� USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage eight of Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES space requirement. At least 50% of the usable open space must be active 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 pereerW%a 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 19.130.020. For other information L Process 1, II, III and IV are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, 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. (Ord. No. 23-949, § 4, 2-7-23; Ord. No. 17-834, § 11, 5-16-17; Ord. No. 12-735, § 4(Exh. A), 12-4- 12; Ord. No. 01-399, § 3, 8-7-01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. Ordinance No. 23-968 Page 45 of 125 No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(20.45), 2-27-90. Code 2001 § 22-640.) Section 15. FWRC 19.205.010 is hereby amended to read as follows: 19.205.010 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 ZONE RM Required Yards Required Required USE REGULATIONS Review eight Parking Process Lot Size Lot Width Lot f Spaces Front Side (each) ear Coverage Structure SPECIAL b REGULATIONS AND NOTES Attached dwelling units 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 for attached ft. for individual attached attached attached coverage is unit, see density is as follows: dwelling attached lots within a dwelling dwelling dwelling established. note 13 a. In RM 3.6 zones, Zero lot line townhouse units dwelling zero lot line units units units The 12 units per acre. dwelling units units with townhouse buildable See note 5 b. In RM 2.4 zones, Subdivision a density development 20 ft. or 10 ft., 5 5 ft. or 20 area will be for zero 18 units per acre. review for established 10 ft. for ft., 0 ft. ft. for zero determined lot line c. In RM 1.8 zones, zero lot line on the zero lot for zero lot line by other site townhouse 24 units per acre. townhouse zoning line lot line townhouse development dwelling 2. Minimum site area dwelling map townhouse townhouse dwelling requirements units for zero lot line units dwelling dwelling units townhouse See notes units units development shall be 1, 2 and 4 See note 4 7,200 sq. ft. See note 4 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 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 Ordinance No. 23-968 Page 46 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums TONE RM Required Yards Required Required USE REGULATIONS Review Process Lot Size Lot Width Front Side (each) ear Lot Coverage eight f Structure Parking Spaces SPECIAL b REGULATIONS AND NOTES front yard setback is 10 ft. There are no required side yards between attached units. d. For a group of two to six attached 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. 6. The subject property must contain at least 400150 sq. ft. of usable open space per dwelling unit. At least 50% of the usable open space must be active open space. I4sable open space. Developments of 5 or fewer units are exempt from this usable open space requirement. Usable open space This must include includes a minimum of 200 75 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�Il landseaping 10 ft. in Adth shall be ..ro ava along a4l: aftef-ial rights - Ordinance No. 23-968 Page 47 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums TONE RM Required Yards Required Required USE REGULATIONS Review Lot eight Parking Process Lot Size Lot Width Coverage f Spaces Front Side (each) ear Structure SPECIAL b REGULATIONS AND NOTES of way. Said landscaping shall b a separate tract. and shall be credited to tl.o common open space requirement. At least 10% percent of the publie common usable 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 tce it shall be developed with age - appropriate equipment. If the subject property contains four or more units, this required public usable 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 pefeent%o 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. Ordinance No. 23-968 Page 48 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE RM Required Yards Required Required USE REGULATIONS Review Lot eight Parking Process Lot Size Lot Width Coverage f Spaces Front Side (each) ear Structure SPECIAL b REGULATIONS AND NOTES 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 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 19.130.020. For other information L Process I, II, III and IV are described in about parking and Chapter 19.55 FWRC, 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. (Ord. No. 23-949, § 20, 2-7-23; Ord. No. 07-554, § 5(Exh. A(4)), 5-15-07. Code 2001 § 22-664.) Section 16. FWRC 19.205.040 is hereby amended to read as follows: 19.205.040 Multifamily dwelling units The following uses shall be permitted in the multifamily residential (RM) zone subject to the Ordinance No. 23-968 Page 49 of 125 regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZQNE Required Yards Required Required USE REGULATIONS b Review Process Lot Size Front Side (each) ear Lot Coverage eight of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES Multifamily dwelling Process H 7,200 sq. ft. with 20 ft. 5 ft. I 5 ft. I 60 In RM See notes 1. The minimum amount units (stacked dwelling a density as percent 3.6 and 13, 14 and of lot area per dwelling See notes 5 and 8 units) established on in RM 2.4 15 unit is as follows: the zoning map 3.6 zone. zones, 30 a. In RM 3.6 zones, the 70 ft. above subject property must See note 1 percent average contain at least 3,600 sq. in RM building ft. of lot area per dwelling 2.4 zone elevation. unit. and 1.8 In RM b. In RM 2.4 zones, the zone 1.8 subject property must zones, 35 contain at least 2,400 sq. ft. above ft. of lot area per dwelling average unit. building c. In RM 1.8 zones, the elevation subject property must contain at least 1,800 sq. See note ft. of lot area per dwelling 5 unit. 2. All buildings must be gabled with pitched roofs. 3. The subject property must contain at least 400 150 sq. ft. of usable open space per dwelling unit of sable open spaee sable F many aetiNtities «.7 reereation rooms,ns „1 Ae Fee patehes, pools, lobbies, and atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. 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 Ordinance No. 23-968 Page 50 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards RM Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES minimum of 48 square feet and has a minimum dimension of six feet. At least 10 pefseW o of tiffs the required common 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 pereeat% 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 Ordinance No. 23-968 Page 51 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards RM Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES 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. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 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 Ordinance No. 23-968 Page 52 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards RM Required Required USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage eight of Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES parking requirements subject to FWRC 19.130.020. For other information Process I, H, III and IV are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, FWRC. Chapter 19.65 FWRC, For details of what may Chapter 19.70 FWRC respectively. 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. 23-949, § 21, 2-7-23; Ord. No. 17-834, § 12, 5-16-17; Ord. No. 07-554, § 5(Exh. A(7)), 5-15-07; Ord. No. 07-545, § 3(Exh. A), 1-2-07; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 01-385, § 3, 4-3-01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93- 170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(25.15), 2-27-90. Code 2001 § 22-667.) Section 17. FWRC 19.205.050 is hereby amended to read as follows: 19.205.050 Manufactured home parks. 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 Review Required Yards Lot ei ht of Process Lot Size g USE REGULATIONS Front Side ear Coverage Structure Ordinance No. 23-968 Page 53 of 125 (each) E b SPECIAL REGULATIONS AND NOTES Manufactured home Process lII 3 acres with 20 ft. 20 ft. 20 ft. 60% In RM 2 per 1. This use may be parks at least 5,000 3.6 and manufactured permitted only if it meets sq. ft. per 2.4 home the following criteria: manufactured zones, 30 a. The proposed home ft. above development will be average compatible with building surrounding uses. elevation. b. The proposed site In RM plan demonstrates sensitive 1.8 and thoughtful layout of zones, 35 the manufactured home ft. above park considering the size average and configuration of the building subject property, the elevation topography and natural feature of the subject See note property and the nature of 6 the surrounding area. c. The proposed site plan avoids repetitive siting of the manufactured homes and encourages privacy for the residents of the manufactured homes. d. The streets providing access to the subject property are adequate to support the movement of manufactured homes to and from the subject property. 2. There be at least a 15 ft. separation between manufactured homes on the subject property. 3. The subject property must contain at least 400 150 sq. ft. of usable open space per dwelling unit of 1ope space able for many aetivitieq. At least 50% of the usable open space must be active open space. At least 10% of their required common usable 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 it shall be developed with age -appropriate equipment. If the subject property contains four or more Ordinance No. 23-968 Page 54 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage Height of Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES 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. 4. No facade of any structure may exceed 120 ft. in length. In addition, any facade of a structure that exceeds 50 ft. in length must be modulated as follows: a. The minimum depth of the modulation is three ft. b. The minimum width of the modulation is four ft. c. The maximum width of the modulation is 35 ft. 5. Each manufactured home must be placed on a permanent foundation or otherwise securely anchored and stabilized. Unless on a foundation, the base of each manufactured home must be surrounded by a skirt. In addition, the exterior appearances of the manufactured homes shall be compatible with the character of existing dwelling units in the area. 6. If any portion of a structure on the subject property is located less than 100 ft. from an adjacent low density zone, then either: a. The height of that portion of the structure shall not exceed 15 ft. above average building elevation; or Ordinance No. 23-968 Page 55 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES b. The facade of that portion of the structure parallel to the low density zone shall not exceed 50 ft. in length. 7. Chapter 19.265 FWRC contains regulations regarding home occupations and other accessories, facilities and activities associated with this use. 8. Refer to Chapter 19.125 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 project, see Chapter 19.115 FWRC. 11. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. For other information L Process I, II, lII and W are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, 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. (Ord. No. 02-424, § 3, 9-17-02; Ord. No. 01-385, § 3, 4-3-01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(25.20), 2-27-90. Code 2001 § 22-668.) Ordinance No. 23-968 Page 56 of 125 Section 18. FWRC 19.205.070 is hereby amended to read as follows: 19.205.070 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 ZDNE Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Lot Height of Spaces Front Side (each) Rear Coverage Structure n SPECIAL tY b REGULATIONS AND NOTES Senior citizen housing or Process R 7,200 sq. 20 ft. 5 ft. 5 ft. 60 percent In RM 3.6 and Senior 1. All buildings must be special needs housing ft. 2.4 zones, 30 citizen gabled with pitched See notes 2, 4 and 7 (stacked dwelling units) See note 2 ft. above housing: 1 roofs. See note average for each unit 2. The city will determine 2 building the number of dwelling elevation. Special units or occupancy rooms In RM 1.8 needs or suites in the proposed zones, 35 ft. housing: 0.5 development and may above average for each unit permit or require building modification of the elevation See notes 14 required yard, lot and 15 coverage, height, See notes 2 landscaping, and other and 4 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 and 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. 3. The city may approve the limited commercial establishments listed in Ordinance No. 23-968 Page 57 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side (each) Rear Coverage Structure Spaces n SPECIAL tY b REGULATIONS AND NOTES 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 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. 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. Ordinance No. 23-968 Page 58 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side (each) Rear Coverage Structure Spaces n SPECIAL tY b REGULATIONS AND NOTES 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. 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 pases > as play grounds, reereation rooms, ft, teff ees tehe �r cols csfive 1-0-h- ies ..,] a#iilms. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the Ordinance No. 23-968 Page 59 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side (each) Rear Coverage Structure Spaces n SPECIAL tY b REGULATIONS AND NOTES usable open space must be active 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 pereenl% 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 19.130.020. For other information L Process I, II, lII and IV are described in about parking and Chapter 19.55 FWRC, 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. (Ord. No. 23-949, § 22, 2-7-23; Ord. No. 17-834, § 13, 5-16-17; Ord. No. 12-735, § 4(Exh. A), 12-4-12; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 01-385, § 3, 4-3-01; Ord. No. 99-333, § 3, 1- Ordinance No. 23-968 Page 60 of 125 19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 94-223, § 3(D), 10-18-94; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(25.25), 2-27-90. Code 2001 § 22-669.) Section 19. FWRC 19.205.080 is hereby amended to read as follows: 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: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage eight of Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES Permanent supportive Process III 7,200 sq. ft. 20 ft. 5 ft. 5 ft. 60% In RM See notes 10, 1. Any proposed housing and transitional 3.6 and 11 and 14 permanent supportive housing See note 2 2.4 housing or transitional zones, 30 housing facility with more ft. above than two units, or which average brings the total number of building permanent supportive elevation. housing or transitional In RM housing units on the 1.8 property to more than three zones, 35 units, must be distanced at ft. above least one and one-third average miles (7,040 ft.) from any building property with more than elevation 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 minimum amount of lot area per dwelling is as follows: a. In RM 3.6 zones, the subject property must contain at least 3,600 sq. ft. of lot area per dwelling. b. In RM 2.4 zones, the subject property must contain at least 2,400 sq. Ordinance No. 23-968 Page 61 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES 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 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 Ordinance No. 23-968 Page 62 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS n tY b Review Process Lot Size Front Side (each) ear Lot Coverage eight of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES 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. The subject property must contain at least 400 150 sq. ft. of usable open space per dwelling unit of usable open space sable F many activities and - may include common open 1 pl. spaces as Fi recreation rooms, terraces, D t..l,ve «....1.. active 1..bb a nd'., Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. 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 their required common open space must be developed and maintained with children's play equipment, except for housingfor or the exclusive use of persons over 55 years of age, in which case it shall be developed with age - appropriate equipment. If the subject property contains four or more units, theis required usable open space must be in one or more pieces each having Ordinance No. 23-968 Page 63 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES 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). 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: Ordinance No. 23-968 Page 64 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES 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 Ordinance No. 23-968 Page 65 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES 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 19.130.020. For other information L Process I, II, III and IV are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, 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. (Ord. No. 23-949, § 23, 2-7-23; Ord. No. 22-929, § 5, 1-18-22; Ord. No. 21-921, § 7, 10-19-21; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 02-423, § 3, 9-17-02; Ord. No. 01-385, § 3, 4-3- 01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 94-223, § 3(E), 10-18- 94. Code 2001 § 22-669.5.) Section 20. FWRC 19.215.050 is hereby amended to read as follows: 19.215.050 Multifamily dwelling units The following uses shall be permitted in the neighborhood business (BN) zone subject to the Ordinance No. 23-968 Page 66 of 125 regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZQNE Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL n tt b Height of REGULATIONS AND Structure NOTES Multifamily dwelling Process II None Same as these regulations for Same as these See notes 15 1. All buildings must be units (stacked dwelling ground floor use. regulations for _ 18 gabled with pitched roofs. See notes 4, 5 and 10 units) ground floor use 2. This use maybe located on the ground See note 5 floor of the structure if the ground floor contains one or more of the commercial uses allowed by office/retail use zone chart, FWRC 19.215.010, or entertainment use zone chart, FWRC 19.215.020. 3. The commercial ground floor uses must occupy at least 50 percent of 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 Ordinance No. 23-968 Page 67 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Required Yards Required USE REGULATIONS Review Parking Process Lot Size Spaces n tY b Front Side (each) Rear Height of SPECIAL REGULATIONS AND Structure NOTES 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. 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 as „l,ygr nd f-eems, plazas, rooftop ♦e pools, aet lobbies, atriums, or othe appropf-iate• Developments of 5 or fewer units are exempt from this usable open Ordinance No. 23-968 Page 68 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Required Yards Required USE REGULATIONS Review Parking Process Lot Size Spaces n tY b Front Side (each) Rear Height of SPECIAL REGULATIONS AND Structure NOTES space requirement. At least 50% of the usable open space must be active open space. A minimum of 25 peFeent%a 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. At least 10% of the required common 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. 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 Ordinance No. 23-968 Page 69 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Required Yards Required USE REGULATIONS Review Parking Process Lot Size Spaces n tY b Front Side (each) Rear Height of SPECIAL REGULATIONS AND Structure NOTES 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 subjectto FWRC 19.130.020. For other information L Process I, 11, III and IV are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, 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. (Ord. No. 23-949, § 24, 2-7-23; Ord. No. 17-834, § 14, 5-16-17; Ord. No. 05-506, § 3, 10-18-05; Ord. No. 03-450, § 3, 9-16-03; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 00-375, § 17,10-3-00; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(40.50), 2-27-90. Code 2001 § 22-725.) Section 21. FWRC 19.215.070 is hereby amended to read as follows: 19.215.070 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: Ordinance No. 23-968 Page 70 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces (each) ear SPECIAL b REGULATIONS AND NOTES Permanent supportive Process III See note 2 20 ft. 5 ft. 5 ft. None See note See notes 10, 1. Any proposed housing and transitional 8 11 and 14 permanent supportive housing 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. 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. 5. The housing will operate under a written community engagement plan, approved Ordinance No. 23-968 Page 71 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES 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 m ine'llide oamman open spaee .eh a ple..........nds reereation rooms, ale teffaees, el. rooft e lobbies, H.e l.•e ,] .. ,.ar'� deemsapprepfiate. Developments of 5 or fewer units are exempt from this usable open Ordinance No. 23-968 Page 72 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS n tY b Review Process Lot Size Front Side (each) ear Lot Coverage eight of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES mace requirement. At least 50% of the usable open space must be active open space. 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 the required common 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 it shall be developed with age - appropriate 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 Ordinance No. 23-968 Page 73 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES 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 Ordinance No. 23-968 Page 74 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES 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 19.130.020. Ordinance No. 23-968 Page 75 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required USE REGULATIONS Review Process Lot Size 4 b I, II, III and IV are described in 19.55 FWRC, 19.60 FWRC, 19.65 FWRC, 19.70 FWRC respectively. Maximums Lot Coverage of (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. (Ord. No. 23-949, § 25, 2-7-23; Ord. No. 22-929, § 6, 1-18-22; Ord. No. 21-921, § 9,10-19-21; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 94-223, § 3(G), 10-18-94. Code 2001 § 22-727.) Section 22. 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 Required USE REGULATIONS Review Process Lot Size b Senior citizen or special Process II None needs housing (stacked or, with dwelling units) SEPA, Process III Required Yards ront ISide (each) [lZear Height of Structure Senior housing or special needs 35 ft. housing: same as these requirements for ground floor use See note 3 Stand-alone senior citizen or special needs housing: SPECIAL REGULATIONS AND NOTES Senior 1. All buildings must be citizen gabled with pitched roofs. housing: 1 2. Commercial uses for each unit allowed in this zone may be permitted on the Ordinance No. 23-968 Page 76 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Required Yards Required USE REGULATIONS Review Parking Process Lot Size Spaces n tS b Front Side (each) Rear Height of SPECIAL REGULATIONS AND Structure Special NOTES ground floor of stacked 20 ft. 5 ft. 5 ft. needs senior citizen or special See notes 3 and 8 housing: 0.5 needs housing with a for each unit minimum floor -to -ceiling height of 13 ft. See notes 14 3. If any portion of a and 15 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. 4. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and tray plazas, te...aee , we atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active 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. 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 Ordinance No. 23-968 Page 77 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Required Yards Required USE REGULATIONS Review Parking Process Lot Size Spaces n tY b Front Side (each) Rear Height of SPECIAL REGULATIONS AND Structure NOTES 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). 15. Minimum residential parking requirements Ordinance No. 23-968 Page 78 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Required Yards Required USE REGULATIONS Review Parking Process Lot Size Spaces n tY b Front Side (each) Rear Height of SPECIAL REGULATIONS AND Structure NOTES subjectto FWRC 19.130.020. For other information Process I, II, III and IV are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, 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. (Ord. No. 23-949, § 26, 2-7-23; Ord. No. 17-834, § 15, 5-16-17.) Section 23. FWRC 19.220.050 is hereby amended to read as follows: 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: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL n tY b Height of REGULATIONS AND Structure NOTES Multifamily dwelling Process H None Same as these regulations for 65 ft. above average See notes 4 1. All nonresidential units (stacked dwelling or, with ground floor use except 20 ft. building elevation — 7 and 17 ground floor spaces must units) SEPA, abutting single-family residential (ABE) have a minimum floor -to - Process III zones Affordable ceiling height of 13 ft. dwelling and a minimum depth of See notes 2 and 13 See note 2 units: 0 15 ft. for each 2. Building height may Ordinance No. 23-968 Page 79 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums FZONE Ja e] Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL n tY b Height of REGULATIONS AND Structure unit NOTES not exceed 30 ft. above average building elevation for the portion of the building located within 100 ft. from a single- family residential zone. 3. Multi -unit housing and accessory living facilities may be located on the ground floor of buildings on the subject property only if ground floor space that spans at least 40 percent of the total length of the buildings adjacent to the primary vehicular access, as determined by the director, is occupied with one or more other permitted use(s) that is open to the public. 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. 4. 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. 5. 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. 6. Dwelling unit parking stalls are in addition to required parking for all Ordinance No. 23-968 Page 80 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums FZONE Ja e] Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces n tY b Front Side (each) Rear Height of SPECIAL REGULATIONS AND Structure NOTES nonresidential ground floor uses. 7. Alternatively, applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 8. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 9. Chapter 19.270 FWRC contains regulations regarding home occupations. 10. The subject property must provide usable open space in a total amount equal to at least 438 100 sq. ft. per dwelling unit; end -may include private spaees sa� patios, and baleonies,,—is ell ew , p1..yg nd plazas-, f-ooftop teiTaees, of aetive lobbies, � ums, o deems appropriate. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. A minimum of 25 persext% 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. At Ordinance No. 23-968 Page 81 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums FZONE Ja e] Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces n tY b Front Side (each) Rear Height of SPECIAL REGULATIONS AND Structure NOTES least 10% of the required common 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. 11. 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. 12. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 13. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 14. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 15. For affordable housing requirements, see FWRC 19.110.010. 16. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 17. Minimum residential parking requirements Ordinance No. 23-968 Page 82 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums FZONE Ja e] Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL n tY b Height of REGULATIONS AND Structure NOTES subjectto FWRC 19.130.020. For other information Process I, II, III and IV are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, 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. (Ord. No. 23-958, § 8, 6-6-23; Ord. No. 23-949, § 27, 2-7-23; Ord. No. 17-834, § 16, 5-16-17; Ord. No. 10-678, § 3, 12-7-10; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(17)), 5-15-07; Ord. No. 02-424, § 3, 9-17-02; Ord. (Ord. No. 10-678, § 3, 12-7-10; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(17)), 5-15-07; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(45.60), 2-27-90. Formerly 22-756. Code 2001 § 22-755.) Section 24. FWRC 19.220.080 is hereby amended to read as follows: 19.220.080 Senior citizen or special needs housing 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 REGULATIONS I Required I Minimums I Height of Ordinance No. 23-968 Page 83 of 125 Review Required Yards Structure Parking E Process Spaces USE Lot Size Front Side (each) Rear n C* t� SPECIAL REGULATIONS AND NOTES Senior citizen or special Process II None Senior housing or special needs 65 ft. above average Senior 1. All buildings, except needs housing (stacked or, with housing: same as these requirements building elevation citizen for related parking dwelling units) SEPA, for ground floor use (ABE) housing: 1 structures up to 65 ft. in Process III for each unit height (six stories), must be gabled with pitched Stand-alone senior citizen or special roofs, unless the building needs housing See note 2 is taller than 35 ft. (three 20 ft. 5 ft. 5 ft. Special stories) with a rooftop needs housing: 0.5 that contributes to the multifamily open space See notes 2 and 12 per each unit requirements. 2. If any portion of a structure on the subject property is within 100 ft. See notes 4, of a single-family 5 and 16 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 single-family residential zone. 3. Commercial uses allowed in this zone may be permitted on the ground floor of stacked senior citizen or special needs housing with a minimum floor -to -ceiling height of 13 ft. 4. For 100 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. 5. Alternatively, applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 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. Ordinance No. 23-968 Page 84 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums FZONE Ja e] Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces n tY b Front Side (each) Rear Height of SPECIAL REGULATIONS AND Structure NOTES 8. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and in include common open spaces H as plazas, recreation rooras terrace I I e � active 1..lb.:es and" atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active 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 peFee a£% 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 Ordinance No. 23-968 Page 85 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums FZONE Ja e] Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL n tY b Height of REGULATIONS AND Structure NOTES 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. 15. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 16. Minimum residential parking requirements subjectto FWRC 19.130.020. For other information L Process I, II, III and IV are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, 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. (Ord. No. 23-949, § 28, 2-7-23; Ord. No. 17-834, § 17, 5-16-17; Ord. No. 10-678, § 4,12-7-10; Ord. No. 07-559, § 3(Exh. A), 7-3-07. Code 2001 § 22-758.) Section 25. FWRC 19.220.100 is hereby amended to read as follows: 19.220.100 Permanent supportive housing and transitional housing The following uses shall be permitted in the community business (13C) zone subject to the regulations and notes set forth in this section: Ordinance No. 23-968 Page 86 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces (each) ear SPECIAL b REGULATIONS AND NOTES Permanent supportive Process III None 0/20 10/20 10/20 None 55 ft. See notes 14, 1. Any proposed housing and transitional above 15 and 18 permanent supportive housing average housing or transitional building housing facility with more elevation than two units, or which (ABE) brings the total number of permanent supportive See notes housing or transitional 9 and 10 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. 2. There shall be no more than 50 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. 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 Ordinance No. 23-968 Page 87 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES 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 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 Ordinance No. 23-968 Page 88 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage eight of Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES 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. 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 4-50100 sq. ft. per dwelling unit; and . inelude pr-ivate spaees eh as rpatios, and ba4eonies, as - en ,. ,h rle as na rooms, plazasr-ooftep to elm lobbies, � �ums, or tithe he a:. r ae appropriate. Developments of 5 or fewer units are exempt from this usable oven space requirement. At least 50% of the usable oven space must be active oven space. 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 Ordinance No. 23-968 Page 89 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS n tY b Review Process Lot Size Front Side (each) ear Lot Coverage eight of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES private open space is a minimum of 48 sq. ft. and has a minimum dimension of six ft. At least 10% of the required common 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 it shall be developed with age- gppropriate 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. 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 Ordinance No. 23-968 Page 90 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES 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 Ordinance No. 23-968 Page 91 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Front Side Coverage Structure Spaces n (each) ear SPECIAL tY b REGULATIONS AND NOTES 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 19.130.020. For other information L Process I, 11, III and IV are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, FWRC. Chapter 19.65 FWRC, For details of what may Chapter 19.70 FWRC respectively. 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. 23-949, § 29, 2-7-23; Ord. No. 22-929, § 7, 1-18-22; Ord. No. 21-921, § 11, 10-19-21; Ordinance No. 23-968 Page 92 of 125 Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 94-223, § 3(G), 10-18-94. Code 2001 § 22-760.) Section 26. FWRC 19.225.070 is hereby amended to read as follows: 19.225.070 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 ZDNE Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL n tY b Height of REGULATIONS AND Structure NOTES Multifamily dwelling Process H None Multifamily dwelling units, senior 70 ft. Multifamily 1. The city may, using units (stacked dwelling Possible housing, or special needs housing: or dwelling process III, modify units) Process III same as these regulations for ground 200 ft. units: 1 per required yard, height, lot floor use unit if coverage, and other site Senior citizen or special See note 1 See note 1 underground design and dimensional needs housing (stacked or in requirements for a dwelling units) Stand-alone senior citizen or special structured proposed development needs housing: parking or that meets the following 20 ft. 5 ft. 5 ft. 1.7 per unit criteria: if surface a. The proposed See notes 1, 2 and 10 parking development will be consistent with the See notes 16 adopted comprehensive through 20 plan policies for this zone; and Senior b. The proposed citizen development will be housing: 1 consistent with the for each unit applicable design guidelines; and Special c. The street, utilities, needs and other infrastructure in housing: 0.5 the area are adequate to for each unit support the proposed development. Affordable 2. No setback is required dwelling adjacent to rights -of -way units: 0 for for senior citizen and each unit special needs housing, when publicly visible street-scape amenities, as defined in FWRC 19.05.190, are located along the right -of - Ordinance No. 23-968 Page 93 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL n tY b Height of REGULATIONS AND Structure NOTES way; the siting and design of which shall be approved by the director. 3. A minimum of 15 percent of the ground floor must be comprised of nonresidential uses open to the public. Where any portion of the subject property is located adjacent to the intersection of multiple streets, the ground floor space for a distance of 50 ft. from the nearest point of the subject property to any such street intersection, shall be limited to entertainment or retail uses. Ground floor space limited to entertainment or retail uses under the preceding sentence may count toward the 15 percent nonresidential use requirement under this note. 4. Primary building entries to residential, retail, or parking must face an arterial street with no multifamily residential ground floor parking visible from arterial streets. 5. 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. The subject property must provide usable open space in a total amount Ordinance No. 23-968 Page 94 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces n tY b Front Side (each) Rear Height of SPECIAL REGULATIONS AND Structure NOTES equal to at least 100 sq. ft. per dwelling unit and inel ,ae private open spaces such a . rds patios, and balconies, as well common open H spaces as plazas, playgrounds, rooftop p„ ♦..I a pools, Ubies, and atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active Men space. A minimum of 25 peFeea4% 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. At least 10% of the common 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 it shall be developed with age=appropriate equipment. 7. 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 Ordinance No. 23-968 Page 95 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL n tY b Height of REGULATIONS AND Structure NOTES residents. 8. 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. 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. 12. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 13. Chapter 19.270 FWRC contains regulations regarding home occupations. 14. For affordable housing requirements, see FWRC 19.110.010. 15. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 16. Parking may be provided underground or above ground in structured parking or may be permitted as surface parking. 17. Dwelling unit parking stalls are in addition to required parking for all Ordinance No. 23-968 Page 96 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL n tY b Height of REGULATIONS AND Structure NOTES nonresidential ground floor uses. 18. 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. 19. Required parking may be reduced under the provisions of FWRC 19.130.020(3) (a), (b), (c), and (d). 20. Minimum residential parking requirements subjectto FWRC 19.130.020. For other information L Process I, II, lII and IV are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, 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. (Ord. No. 23-958, § 9, 6-6-23; Ord. No. 23-949, § 31, 2-7-23; Ord. No. 17-834, § 18, 5-16-17; Ord. No. 12-735, § 4(Exh. A), 12-4-12; Ord. No. 12-727, § 3, 9-18-12; Ord. No. 07-554, § 5(Exh. A(18)), 5-15-07; Ord. No. 06-542, § 3(Exh. A), 12-19-06; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 02-424, Ordinance No. 23-968 Page 97 of 125 § 3, 9-17-02; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(50.55), 2-27-90. Code 2001 § 22-797.) Section 27. FWRC 19.225.075 is hereby amended to read as follows: 19.225.075 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 ZDNE y"4 Required Yards Required Required 44 USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage eight e Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES Permanent supportive Process III None 10 ft. None 70 ft. or See notes 16, 1. Any proposed housing and transitional 200 ft. 17 and 20 permanent supportive housing housing or transitional See notes housing facility with more 11 and 12 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. 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 Ordinance No. 23-968 Page 98 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE y" Required Yards Required Required 44 USE REGULATIONS Review Lot Height of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES 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, 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 Ordinance No. 23-968 Page 99 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE y" Required Yards Required Required 44 USE REGULATIONS Review Lot Height of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES 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 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. 13. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit any inelude private open spaees > as ra patios, and baleonies,,—is well as eommon open 1 «le spaees as „1 nd fie effaees,D Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open Ordinance No. 23-968 Page 100 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE y" Required Yards Required Required 44 USE REGULATIONS n tY b Review Process Lot Size Front Side (each) ear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES space. 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. At least 10% of the common 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 aee. in which case it shall be developed with aee_appronriate equipment. 14. Any common open space requirements may be 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 Ordinance No. 23-968 Page 101 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE y" Required Yards Required Required 44 USE REGULATIONS Review Lot Height of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES 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, 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 Ordinance No. 23-968 Page 102 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE y" Required Yards Required Required 44 USE REGULATIONS Review Lot Height of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES 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 Ordinance No. 23-968 Page 103 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE y" Required Yards Required Required 44 USE REGULATIONS Review Lot Height of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES required to be licensed pursuant to the provisions of Chapter 1235 FWRC. 20. Minimum residential parking requirements subject to FWRC 19.130.020. L For other information Process I, 11, III and IV are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, 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. (Ord. No. 23-949, § 32, 2-7-23; Ord. No. 22-929, § 10, 1-18-22; Ord. No. 21-921, § 23, 10-19-21.) Section 28. FWRC 19.230.060 is hereby amended to read as follows: 19.230.060 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 USE REGULATIONS Review Process Lot Size b Ordinance No. 23-968 (each) Height of Structure ZONE SPECIAL REGULATIONS AND NOTES Page 104 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL �7 tt b Height of REGULATIONS AND Structure NOTES Multifamily dwelling Process II None Multifamily dwelling units, senior 70 ft. Multifamily 1. The city may, using units (stacked dwelling Possible housing, or special needs housing: or dwelling process III, modify units) Process III Same as these requirements for 85 ft. units: 1 per required height, yard, ground floor use unit if landscape and other site Senior citizen or special See note 1 See notes 1, 3 and 4 underground design and dimensional needs housing (stacked or in requirements for a dwelling units) structured proposed development Stand-alone senior citizen or special parking or that meets the following needs housing: 1.7 per unit criteria: 20 ft. 5 ft. 5 ft. if surface a. The proposed parking development will be See notes 4, 8, and 10 consistent with the See notes 16 adopted comprehensive through 19 plan policies for this zone; and Senior b. The proposed citizen development will be housing: 1 consistent with applicable for each unit design guidelines; and c. The street utilities Special and other infrastructure in needs the area are adequate to housing: support the proposed 0.5 for each development. unit 2. Multi -unit housing and accessory living facilities Affordable may be located on the dwelling ground floor of buildings units: 0 for on the subject property each unit only if ground floor space that spans at least 40 percent of the total length of the buildings adjacent to the primary vehicular access, as determined by the director, is occupied with one or more other permitted use(s) that is open to the public. 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. 3. Building height may be increased from the permitted outright height of 70 ft. to 85 ft. in exchange for providing Ordinance No. 23-968 Page 105 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums r_ Required Yards Required Required LL USE REGULATIONS Review Parking Process Lot Size Spaces n tY b Front Side (each) Rear Height of SPECIAL REGULATIONS AND Structure NOTES 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. 4. 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. 5. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may inelude suoh as a patios,an baleenies as well ascommon open spaees sueh as plazas, playgrounds, eft •,.l.e pools, Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. A minimum of 25 persent"/o 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 Ordinance No. 23-968 Page 106 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces n tY b Front Side (each) Rear Height of SPECIAL REGULATIONS AND Structure NOTES available for up to 50 peFeett% of the usable open space as specified in FWRC 19.115.115. At least 10% of the common Men space must be developed and maintained with children's 121 equipment, except for housin¢ for the exclusive use of persons over 55 years of age, in which case it shall be developed with ageappropriate equipment. 6. 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. 7. 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. 8. 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. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. Ordinance No. 23-968 Page 107 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL n tY b Height of REGULATIONS AND Structure NOTES 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. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 13. Chapter 19.270 FWRC contains regulations regarding home occupations. 14. For affordable housing requirements, see FWRC 19.110.010. 15. For provisions that relate to the keeping of animals, see FWRC 19.260.010 et seq. 16. Parking may be provided underground or above ground in structured parking or may be permitted as surface parking. 17. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 18. Required parking may be reduced under the provisions of FWRC 19.130.020(3) (a), (b), (c), and (d). 19. Minimum residential parking requirements subjectto FWRC 19.130.020. For other information Process I, II, III and IV are described in about parking and parking Ordinance No. 23-968 Page 108 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required USE REGULATIONS Review Process Lot Size 4 b 19.55 FWRC, 19.60 FWRC, 19.65 FWRC, 19.70 FWRC respectively. (each) Height of Structure SPECIAL REGULATIONS AND NOTES 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. (Ord. No. 23-958, § 10, 6-6-23; Ord. No. 23-949, § 34, 2-7-23; Ord. No. 17-834, § 19, 5-16-17; Ord. No. 12-735, § 4(Exh. A), 12-4-12; Ord. No. 12-727, § 4, 9-18-12; Ord. No. 07-554, § 5(Exh. A(19)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(50.55), 2- 27-90. Code 2001 § 22-809.) Section 29. FWRC 19.230.065 is hereby amended to read as follows: 19.230.065 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 ZONE Required Yards Required Required l USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage eight of Structure Spaces Front (each) e ar SPECIAL n tY b REGULATIONS AND NOTES Permanent supportive Process III None 10 ft. None 70 ft. or See notes 15, 1. Any proposed housing and transitional I85 ft. 16 and 19 permanent supportive Ordinance No. 23-968 Page 109 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL b REGULATIONS AND NOTES housing housing or transitional See notes housing facility with more 9 and 10 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. 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. 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 Ordinance No. 23-968 Page 110 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL b REGULATIONS AND NOTES 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 Ordinance No. 23-968 Page 111 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL b REGULATIONS AND NOTES 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. 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 any yards,as patios, aa b leonies as well .. as plazas, playgrourAs_ reereation rooms, rooftop te....,.ee.. D ,. tehe.. pools, aetive lobbies, an atfiax;s. Developments of 5 or fewer units are exempt from this usable oven space requirement. At least 50% of the usable oven space must be active oven space. 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. At least 10% of the common Ordinance No. 23-968 Page 112 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS b Review Process Lot Size Front Side (each) ear Lot Coverage eight of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES 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 aee, in which case it shall be developed with age -appropriate equipment. 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. Ordinance No. 23-968 Page 113 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL b REGULATIONS AND NOTES 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 Ordinance No. 23-968 Page 114 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot eight of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL b REGULATIONS AND NOTES 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 19.130.020. For other information L Process I, II, lII and IV are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, 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. (Ord. No. 23-949, § 35, 2-7-23; Ord. 22-929, § 12, 1-18-22; Ord. No. 21-921, § 25, 10-19-21.) Section 30. FWRC 19.240.085 is hereby amended to read as follows: 19.240.085 Permanent supportive housing and transitional housing Ordinance No. 23-968 Page 115 of 125 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 E Required Yards; Required Required L USE REGULATIONS Review Lot eight of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL b REGULATIONS AND NOTES Permanent supportive None 5 ft. See note 12 None 45 ft. See notes 13, 1. Any proposed housing and transitional Process III above 14 and 17 permanent supportive housing average housing or transitional building housing facility with more elevation than two units, or which (AABE) to brings the total number of 55 ft. permanent supportive AABE and housing or transitional four floors housing units on the property to more than three See notes units, must be distanced at 9 and 10 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. 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. 5. The housing will operate Ordinance No. 23-968 Page 116 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES 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. 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 Ordinance No. 23-968 Page 117 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS n tY b Review Process Lot Size Front Side (each) ear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES 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. 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 my yards,as pat « l b 1, onc. en as as plazas, playgreun4s-, reereation rooms, rooftop te....,.ee.. D ,. tehe.. pools, aetive lobbies, an atrimxs. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. 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. At least 10% of the common open space must be Ordinance No. 23-968 Page 118 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS n tY b Review Process Lot Size Front Side (each) ear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES developed and maintained with children's play equipment, except for housing for the exclusive use of persons over 55 years of aee. in which case it shall be developed with age -appropriate equipment. 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 Ordinance No. 23-968 Page 119 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES 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 Ordinance No. 23-968 Page 120 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Side Coverage Structure Spaces Front (each) ear SPECIAL n tY b REGULATIONS AND NOTES 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 19.130.020. For other information L Process I, II, lII and IV are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, 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. (Ord. No. 23-949, § 36, 2-7-23; Ord. No. 22-929, § 13, 1-18-22; Ord. No. 21-921, § 27, 10-19-21.) Section 31. FWRC 19.115.115 is hereby amended to read as follows: 19.115.115 Design criteria for residential usable open space and fee -in -lieu option. Ordinance No. 23-968 Page 121 of 125 The following guidelines apply to residential usable open space that is developed pursuant to FWRC 19.200.100, 19.205.070, 19.215.150, 19.220.050, 19.220.080, 19.225.070, 19.225.075, 19.230.060, 19.230.065, and 19.240.085. (1) Common open space. All common open space proposed under this section shall meet the definition of "open space, common" as set forth in this title and all of the following criteria: (a) I order- to be or -edited toward total residential usable re s The common open space must be a minimum of 225 square feet and have a minimum dimension of 15 feet. The inclusion of additional contiguous open space areas that have smaller dimensions, but enhance the use and enjoyment of the overall larger space, may be credited toward the overall minimum usable open space requirement subject to director approval. (b) Indoor common areas such as recreation/workout rooms, swimming pools, and gathering spaces that meet the criteria of this section may be counted as common open space subject to the criteria in this section. (c) The common open space shall be readily visible and accessible from structure(s) with entries to residential units. (d) The common open space shall not be located on asphalt or gravel pavement, or be adjacent to unscreened parking lots, chain -link fences, or blank walls, and may not be used for parking, loading, or vehicular access. (e) Pedestrian access ways shall only be counted as common open space when the pedestrian path or walkway traverses a common open space that is 15 feet or wider. (f) The common open space shall be sufficiently designed and appointed to serve as a major focal point and gathering place. Common open spaces shall include a significant number of Ordinance No. 23-968 Page 122 of 125 pedestrian -oriented features, furnishings, and amenities typically found in plazas and recreational open space, such as seating or sitting walls, lighting, weather protection, special paving, landscaping, and trash receptacles. In addition, the common open space(s) should provide one or more significant visual or functional amenities such as a water feature, fireplace, and/or artwork, and should allow for active uses such as physical exercise, children's play area, gathering area for group social events, and p-patch or other gardening activity. (2) Private open space. A minimum of 48 square feet with a minimum dimension of six feet will be credited to usable open space. (3) Publicly accessible open space. Publicly accessible open spaces provided on site maybe credited toward the minimum residential usable open space requirement, as long as the open space is directly accessible to and available to residents for their use. Only the portion of the public open space directly accessible to and available to residents for their use may be credited toward the residential usable open space requirement. (4) Fee -in -lieu option. A fee -in -lieu payment may be made to satisfy up to 50 percent of the residential usable open space requirement for the development of public parks and recreation improvements. Fee -in -lieu acceptance shall be at the discretion of the parks director after consideration of the city's overall park plan, and the quality, location, and usability of the open space that would otherwise be provided on the project site. If the city determines that a fee -in -lieu is appropriate, a payment of an equivalent fee in lieu of the required open space shall be made. The fee in lieu of open space shall be calculated based on the most recent assessed value of the subject property, or in the absence of an assessment, an appraisal conducted by a state -certified real estate appraiser. If the applicant offers to pay fee in lieu of open space, and if the city accepts the Ordinance No. 23-968 Page 123 of 125 offer, the amount shall be determined based upon the square footage of open space that otherwise would have been required to be provided, multiplied by the then ,.,,,Tens market value assessed or appraised value per square foot of the property. By choosing the fee -in -lieu option, the applicant agrees that the city will not be restricted to using the fees in the park comprehensive planning area that the subject property falls within_ that the be „J a park ant�ecreation city center- frame zoned areas. See also FWRC 19.100.070. (Ord. No. 17-834, § 9, 5-16-17; Ord. No. 12-727, § 5, 9-18-12.) Section 32. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 33. 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 34. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 35. Effective Date. This ordinance shall take effect and be in force thirty (30) days Ordinance No. 23-968 Page 124 of 125 from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 5th day of September, 2023. CITY OF FEDERAL WAY: JI R LL, MAYOR ATTEST: APPROVED AS TO FORM: a!; L'-'� J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 08/02/2023 PASSED BY THE CITY COUNCIL: 09/05/2023. PUBLISHED: 09/08/2023 EFFECTIVE DATE: 10/08/2023 ORDINANCE NO.: 23-968 Ordinance No. 23-968 Page 125 of 125