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Covington City Zoning Code

18.35 Development Standards

Design Requirements

18.35.005 Applicability.

The standards contained in this chapter shall apply to all residential and mixed-use zones except the downtown zone, which is otherwise cross-referenced in the downtown design standards in Chapter 18.31 CMC. These standards shall be applied to single-family, middle-income housing developments in the community, neighborhood commercial zones, and Lakepoint Urban Village. In some cases, the downtown zones reference these standards based on a specific residential housing type. (Ord. 04-25 § 16 (Exh. A); Ord. 10-10 § 3 (Exh. C))

18.35.010 Purpose.

The purpose of this chapter is to improve the quality of development by providing building and site design standards that:

(1) Reduce the visual impact of large residential buildings from adjacent streets and properties;

(2) Enhance the aesthetic character of large residential buildings in zones that accommodate various housing types;

(3) Contain sufficient flexibility of standards to encourage creative and innovative site and building design;

(4) Meet the on-site recreation needs of project residents; and

(5) Enhance aesthetics and environmental protection through site design. (Ord. 04-25 § 17 (Exh. A); Ord. 42-02 § 2 (21A.14.010))

18.35.020 General layout standards.

Repealed by Ord. 04-25. (Ord. 42-02 § 2 (21A.14.020))

18.35.030 Lot segregations – Zero-lot-line development.

(1) Applicability. Where zero-lot-line development is permitted, it is subject to the conditions set forth in this section. Zero-lot-line development is permitted for townhomes, duplexes, triplexes, and other middle housing type developments.

(2) Zero-Lot-Line Setbacks.

(a) An easement shall be provided on the abutting lot of the subdivision that is wide enough to ensure a 10-foot separation between the walls of structures on adjoining lots, except as provided for common-wall construction;

(b) The easement area shall be free of permanent structures and other obstructions that would prevent normal repair and maintenance of the structure’s exterior;

(c) Buildings utilizing reduced setbacks shall not have doors that open directly onto the private yard areas of abutting property. Windows in such buildings shall not be oriented toward such private yard areas unless they consist of materials such as glass block, textured glass, or other opaque materials, and shall not be capable of being opened, except for clerestory-style windows or skylights; and

(d) The final plat or short plat shall show the approximate location of buildings proposed to be placed in a standard setback area.

(3) In the R zones and downtown zones where middle housing is permitted, setbacks on existing individual lots may be modified; provided, that the standards set forth in subsection (2)(a) of this section are met. (Ord. 04-25 § 19 (Exh. A); Ord. 42-02 § 2 (21A.14.030))

18.35.040 Lot segregations – Clustered development.

If residential lot clustering is proposed, the following provisions shall be met:

(1) In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development, or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract;

(a) Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least 120 feet;

(b) The overall amount and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems with all setbacks and land use restrictions required by the Washington State Department of Ecology and Washington State Department of Health, and rural roadways;

(c) A 50-foot Type II landscaping screen, as defined in CMC 18.40.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section. (Ord. 13-09 § 28; Ord. 42-02 § 2 (21A.14.040))

18.35.050 Maximum length of residential buildings and façade modulations.

(1) All residential buildings shall be designed to consider integrating design features such as landscaping, pedestrian pathways, and visual breaks along façades to enhance the relationship to surrounding properties and prioritize the pedestrian environment.

(2) All residential development is encouraged to incorporate horizontal and vertical building façades that reduce the bulk of the structure and distinguish the individual units or floors. Techniques to consider are modulation and articulation of the façade, varied rooflines, mixed materials, colors and textures, and window placement.

(3) For buildings facing streets or public spaces, developers are encouraged to incorporate active design elements such as large windows, porches, or entryways to engage pedestrians and improve the overall streetscape experience. (Ord. 04-25 § 20 (Exh. A); Ord. 10-10 § 3 (Exh. C); Ord. 42-02 § 2 (21A.14.060))

18.35.060 Attached dwellings and group residences – Applicability.

The standards of CMC 18.35.050 and 18.35.070 shall apply to all new apartment developments exceeding four dwelling units, new townhouse development and new group residences except Class I community residential facilities (CRF-I). Expansions of existing development that involve four or more dwelling units shall be subject to compliance with CMC 18.35.050 and 18.35.070. (Ord. 42-02 § 2 (21A.14.070))

18.35.070 Attached dwellings and group residences – Vehicular access and parking location.

(1) Alley Access and Parking. On sites abutting an alley constructed pursuant to Chapter 12.60 CMC, multifamily and attached middle housing types (duplexes, triplexes, fourplexes, fiveplexes, sixplexes, stacked flats, and courtyard apartments) and all group residences except Class I community residential facilities (CRF-I) shall have parking areas placed to the rear of buildings with primary vehicular access via the alley, except when waived by the Director due to physical site limitations.

(2) When alley access is provided, no additional driveway access from the public street shall be allowed except:

(a) For direct access to parking areas located under the structure;

(b) When required for emergency access or fire protection; or

(c) When the Director determines that alley-only access is not feasible due to physical or operational constraints and reviewed through a design and construction design deviation pursuant to Chapter 12.60 CMC.

(3) Common Parking Areas – Location and Screening. When the number of uncovered common parking spaces for attached dwellings and group residences exceeds 30 spaces and when there is alley access, no more than 50 percent of these uncovered parking spaces shall be permitted between the street property line and any building, except when authorized by the Director due to physical site limitations. (Ord. 04-25 § 21 (Exh. A); Ord. 42-02 § 2 (21A.14.080))

18.35.080 Attached dwellings and group residences – Building facade modulation.

Repealed by Ord. 04-25. (Ord. 42-02 § 2 (21A.14.090))

18.35.090 Mixed-use development – Percentages of commercial uses.

Repealed by Ord. 06-13. (Ord. 42-02 § 2 (21A.14.110))

18.35.100 Mixed-use and live-work development in the CC and NC zones – Design requirements.

Mixed-use and live-work development permitted by Chapter 18.25 CMC shall incorporate the following design features:

(1) Permitted Uses.

(a) Residential and nonresidential uses proposed for mixed-use development shall be only those uses permitted in the CC and NC zones, as established by Chapter 18.25 CMC.

(b) Live-work development shall meet the following criteria:

(i) The residential and work areas are functionally integrated.

(ii) Work areas shall be limited to uses permitted in the zone.

(iii) At least 40 percent of the unit’s floor area must be designated for work-related use.

(2) Design Standards for Mixed-Use Structures. If residential and nonresidential uses are proposed for the same structure, nonresidential uses shall occupy no less than 60 percent of the ground floor. The Director may waive this requirement if one of the following circumstances is met:

(a) If the structure is located on a sloping lot that provides access from upper levels or from multiple levels. In such cases, the nonresidential use may be located on the levels that exit onto the primary pedestrian streets.

(b) If views from the upper levels are valuable amenities that would help ensure success of the nonresidential uses, such as a restaurant.

(c) Senior housing developments need not include commercial uses.

(d) Live-work units are not subject to the percentage requirement if the work unit is located on the ground floor and configured to enhance the pedestrian-oriented design.

(3) Parking.

(a) Mixed-use and live-work developments shall provide off-street parking behind, to the side of buildings, or enclosed within buildings consistent with CMC 18.50.030. For the purpose of calculating parking, live-work developments shall meet the townhome parking requirement.

(b) Parking for live-work units shall provide one dedicated parking space per unit and meet any additional parking requirements for nonresidential uses within the live-work space.

(c) A percent reduction of required parking is allowed if a mixed-use development meets the criteria of CMC 18.50.040 for shared parking.

(4) Building Orientation and Design.

(a) Buildings in mixed-use developments shall be oriented to primary pedestrian streets, with entrances to nonresidential and live-work uses directly accessible from the street.

(b) Architectural articulation shall distinguish between the structure’s residential, nonresidential, and live-work portions.

(c) Mixed-use developments shall provide pedestrian-oriented open spaces, including plazas, courtyards, or widened sidewalks with seating areas, totaling at least 10 percent of the site area.

(d) Live-work units must incorporate visually distinct entrances for each unit, providing a sense of individuality and maintaining compatibility with the overall development.

(5) Additional Standards for Live-Work Units.

(a) The work area in live-work units must comply with all applicable building codes for commercial use.

(b) Signage for live-work units must comply with Chapter 18.55 CMC.

(c) Noise, odors, and other operational impacts from work areas shall be mitigated to ensure compatibility with adjacent residential units. (Ord. 04-25 § 23 (Exh. A); Ord. 06-13 § 2 (Exh. A); Ord. 42-02 § 2 (21A.14.135))

18.35.110 Mixed-use development – Phasing – Required plans, requirements, covenants, recordings – Review and approval.

Repealed by Ord. 06-13. (Ord. 42-02 § 2 (21A.14.145))

18.35.120 Manufactured home parks – Standards for existing parks.

(1) Manufactured home parks established prior to the effective date of the ordinance codified in this title shall continue to be governed by all standards relating to density, setbacks, landscaping and off-street parking in effect at the time they were approved.

(2) Placement of new accessory structures and replacement mobile homes, either standard or nonstandard, in these manufactured home parks shall be governed by the dimensional standards in effect when the parks were approved, unless two or more replacement mobile homes are proposed to be installed adjacent to each other under the flexible setback option set forth in CMC 18.35.140. Where internal setbacks are not specified, the average of the prevailing setbacks on the pads to either side of the proposed new or replacement structure shall apply.

(3) No spaces or pads in an existing manufactured home park shall be used to accommodate recreational vehicles (RVs), except when the spaces or pads were specifically for RVs at the time the park was established.

(4) An existing manufactured home park may be enlarged, provided the proposed enlargement meets the standards set forth in CMC 18.35.130 and 18.35.140.

(5) Both insignia and non-insignia mobile homes may be installed in established parks; provided, that all mobile homes supported by piers shall be fully skirted, and that nonstandard mobile homes shall meet the minimum livability and safety requirements set forth in CMC Title 15, Buildings and Construction. (Ord. 42-02 § 2 (21A.14.150))

18.35.130 Manufactured home parks – Standards for new parks.

New manufactured home parks shall be developed subject to the following standards:

(1) A manufactured home park shall be at least three acres in area;

(2) Residential densities in a manufactured home park shall be as follows:

(a) Must not exceed a density of 25 percent over the base density; and

(b) Manufactured home parks shall be eligible to achieve the maximum density permitted in the zone by providing the affordable housing benefit for manufactured home parks set forth in Chapter 18.90 CMC;

(3) Both insignia and non-insignia mobile homes may be installed in manufactured home parks; provided, that non-insignia mobile homes shall meet the minimum livability and safety requirements set forth in CMC Title 15, Buildings and Construction;

(4) A manufactured home park shall be exempt from impervious surface limits set forth in Chapter 18.30 CMC;

(5) At least one of the off-street parking spaces required for each mobile home shall be located on or adjacent to each mobile home pad;

(6) Internal roads and sidewalks shall provide access to each mobile home space and shall be constructed in accordance with the adopted City of Covington road standards for residential minor access streets;

(7) There shall be a minimum of 10 feet of separation maintained between all mobile homes on the site, unless the flexible setback option set forth in CMC 18.35.140 is used. Accessory structures shall be located no closer than:

(a) Ten feet to mobile homes on adjacent spaces, unless constructed of noncombustible materials, in which case the minimum setback shall be five feet;

(b) Five feet to accessory structures of mobile homes on adjacent spaces; and

(c) Five feet to the mobile home or other accessory structures on the same space, except a carport or garage may be attached to the mobile home, and the separation may be waived when such structures are constructed of noncombustible materials;

(8) All mobile homes and RVs supported by piers shall be fully skirted; and

(9) A manufactured home park may include a storage area for RVs owned by residents of the park, provided the storage area contains no utility hook-ups and no RV within the storage area shall be used as living quarters. (Ord. 42-02 § 2 (21A.14.160))

18.35.140 Manufactured home parks – Alternative design standards.

As an alternative to the building separation and internal street standards of CMC 18.35.130:

(1) Building separation requirements or setbacks between mobile homes and accessory structures on adjacent spaces may be modified, provided:

(a) The common walls meet the fire protection standards set forth in the International Building Code and the standards set forth in the International Fire Code for duplexes, multifamily and condominium developments, as applicable; and

(b) Rental agreement clauses, by-laws or other legal mechanisms stipulate maintenance responsibilities for structures, fences and yards;

(2) Private streets may be used with a minimum driving surface of 22 feet in width, provided:

(a) The streets comply in all other respects with the road standards;

(b) All required parking is located off-street and as specified in CMC 18.35.130(5); and

(c) Such streets shall not:

(i) Directly connect two or more points of vehicular access to the park; or

(ii) Serve over 100 dwelling units within the park. (Ord. 6-05 § 1; Ord. 23-04 § 12; Ord. 42-02 § 2 (21A.14.170))

18.35.150 Residential – On-site recreation requirements.

(1) Residential development that includes single-family attached and detached dwelling units within the City’s service area shall mitigate for impacts to park and recreation service levels through payment of a park impact fee in accordance with CMC Title 19.

(2) If the applicant chooses to provide a park and recreation facility as part of the residential development the park and recreation facility shall meet the following minimum requirements:

(a) Park and recreation facilities should be provided at a rate of 200 square feet per lot.

(b) Park and recreation facilities shall meet minimum design standards pursuant to CMC 18.35.180.

(c) The applicant will not receive credit for any park and recreation facilities or dedication of land for a future park and recreation facility unless the space meets the criteria in CMC 18.35.190.

(3) Developments within the Lakepointe Urban Village Subarea as designated in the Future Land Use Map shall provide fully accessible recreation facility for leisure, play and sport activities as follows, or as otherwise determined by the Director in accordance with the adopted subarea plan (Ordinance 02-2017) and planned action (Ordinance 04-2017):

(a) Residential subdivision at a density of four units an acre or more: 450 square feet per unit;

(b) Townhouses developed at a density of eight units or less per acre: 450 square feet per unit;

(c) Manufactured home park: 260 feet per unit;

(d) Multifamily dwelling units and townhouses developed at a density of greater than eight units per acre: 100 square feet per unit;

(e) Senior housing or other age-restricted facilities: 200 square feet per unit or as required by the funding agency, whichever is greater. (Ord. 10-17 § 5 (Exh. C))

18.35.160 Multifamily – On-site recreation facility required.

(1) Multifamily development and mixed-use development with residential units, including senior housing or other age-restricted facilities, shall be required to provide private recreation facilities on site pursuant to subsection (2) of this section and mitigate for impacts to the City’s park and recreation service levels through payment of a park impact fee in accordance with CMC Title 19.

(2) Multifamily development shall provide 100 square feet per unit of private recreation facility. The private recreations facility shall meet the minimum design standards pursuant to CMC 18.35.180.

(3) Indoor recreation areas or rooftop areas may be credited toward the total recreation space requirement, if the Director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to recreational activities provided outdoors or provides areas for social activities, multi-purpose entertainment and education areas. (Ord. 10-17 § 5 (Exh. C))

18.35.170 Dedication of parks and trails – Required by capital facilities plan.

(1) Dedication of park and recreation facility and trails shall be provided by any development when such development is located within an area identified by the capital facilities plan as a park site or trail corridor. Trails may be dedicated to the City by either dedication of a tract or granting the City a public access easement, with easements preferred for trails in critical areas.

(2) The area of the park and recreation facility and trail dedication shall be counted as part of the site for purposes of density and floor area calculations, unless otherwise exempt from density calculations in accordance with CMC 18.30.080.

(3) The residents of the development shall be provided, at a minimum, pedestrian access to the park and recreation facility and trail.

(4) Residential and multifamily developments that propose to provide public park and trail facilities pursuant to this section shall be subject to an impact fee credit in accordance with CMC Title 19. An easement granted for future park and recreation and trail facilities shall not be subject to impact fee credits, unless the easement includes required facility improvements. (Ord. 08-21 § 4 (Exh. C); Ord. 10-17 § 5 (Exh. C))

18.35.180 Private on-site recreation facilities – Minimum design standards.

(1) Private park and recreation facilities shall meet the minimum design standards:

(a) Be on the site of the proposed development.

(b) Be adjacent to and visible from main pedestrian path, sidewalk or near building entrances.

(c) Be of a grade and surface suitable for recreation; 75 percent of the site cannot exceed two percent grade, unless the topography results in enhanced critical areas or environmental protection.

(d) Be fully accessible and convenient to all residents within the development and in compliance with 2010 ADA Standards for Accessible Design and the 2004 Architectural Barriers Act, as amended.

(e) Be designed with amenities that encourage residents to the facility such as benches, trash receptacles, and paths leading from the main pedestrian path and to an internal walking path.

(f) Trails and paths shall be constructed per the City of Covington’s Design and Construction Standards adopted in CMC Title 12. Trails located within critical area buffers shall be designed in accordance with Chapter 18.65 CMC. Any modified private trail or path design shall be approved by the Parks and Recreation Director prior to any preliminary land use approval.

(g) Private recreation facility, paths and trails shall be placed in a designated recreation facility tract. The tract shall be dedicated to the homeowner’s association or other organization. Maintenance of any recreation facility tract retained in private ownership should be audited regularly for safety and compliance with current standards. The homeowner’s association or other organization shall be responsible for all costs associated with the continued long-term maintenance of the recreation tract and facilities.

(h) Provide play equipment that meets, at a minimum, the Consumer Product Safety Standards for equipment, soft surfacing and comply with all applicable ADA accessibility standards, and incorporate play pieces that address ages two to five and five to 12. Prior to final approval of the development, the applicant will be required to provide the City a letter from a certified parks installer that the equipment was installed to industry standards.

(2) The City may require a financial guarantee for construction and maintenance of private recreation facilities and trails consistent with CMC Title 14. (Ord. 10-17 § 5 (Exh. C))

18.35.190 Request for impact fee credits – Park and recreation and trail facilities.

(1) Residential and multifamily developments that propose to provide private park and recreation and trail facilities shall not receive a credit against the park impact fee, unless otherwise determined by the Parks and Recreation Director, in accordance with this section, and CMC Title 19. Any request for a credit shall be submitted in accordance with CMC Title 19.

(2) The applicant may request a credit be applied to the park impact fee based on the installation of a private park and recreation facility, construction of a private trail, or the dedication of land for future park and recreation and trail facilities. The applicant shall be responsible for all cost associated with preparing data and analysis to determine if the private park and recreation or trail facilities provided on private land satisfy the applicant’s requirement to mitigate for park and recreation level of service deficiencies.

(3) The Parks and Recreation Director is responsible for making a final decision pertaining to a request for park impact fee credits. The applicant shall submit the following information, in addition to the minimum requirements in Chapter 19.20 CMC, to be considered:

(a) Supply and demand data that identifies proposed private park and recreation facility would better meet community needs for parks and recreation facilities than payment of park impact fees.

(b) The location and design of the park and recreation facilities are consistent with comprehensive plan and any applicable park and recreation plans, as amended.

(c) Site plan and supporting documents that show the proposed private park and recreation facility meets the following minimum criteria:

(i) The land and its development are an integral element of the comprehensive plan;

(ii) The land is suitable for future active park and recreation facilities pursuant to the comprehensive plan;

(iii) The land is a size and horizontal and vertical configuration necessary for the design of recreation facilities that meet the City’s park standards identified in the comprehensive plan;

(iv) The land has public access via a public street;

(v) The land is located near areas designated by the City for park, trail or recreation purposes;

(vi) The land provides a link between City and/or other publicly owned recreation properties.

(d) The land shall be surveyed or adequately marked with survey monuments, or otherwise readily distinguishable from adjacent property.

(e) The land shall have no known physical problems associated with it, such as problems with drainage, erosion or flooding, or the presence of hazardous waste, which the Director determines would cause inordinate demands on public resources for maintenance and operation.

(f) The land shall have no known on-site safety hazards. Substandard vehicular and pedestrian facilities shall be considered but shall not alone be used to disqualify a proposed site dedication.

(g) The Director may require a developer to post financial guarantee consistent with CMC Title 14 for the maintenance of any private park and recreation facility as a method of showing long-term maintenance for a time as specified by the Director. (Ord. 10-17 § 5 (Exh. C))

18.35.200 Storage space, loading areas, and collection points for recyclables and refuse.

Developments shall provide storage space for the collection of recyclables as follows:

(1) The storage space shall be provided at the following rates, calculated based on any new dwelling unit in multiple-dwelling developments and any new square feet of building gross floor area in any other developments:

(a) One and one-half square feet per dwelling unit in multiple-dwelling developments except where the development is participating in a County-sponsored or approved direct collection program in which individual recycling bins are used for curbside collection;

(b) Two square feet per every 1,000 square feet of building gross floor area in office, educational and institutional developments;

(c) Three square feet per every 1,000 square feet of building gross floor area in manufacturing and other nonresidential developments; and

(d) Five square feet per every 1,000 square feet of building gross floor area in retail developments.

(2) The storage space for residential developments shall be apportioned and located in collection points as follows:

(a) The required storage area shall be dispersed in collection points throughout the site when a residential development comprises more than one building.

(b) There shall be one collection point for every 30 dwelling units.

(c) Collection points may be located within residential buildings, in separate buildings/structures without dwelling units, or outdoors.

(d) Collection points located in separate buildings/structures or outdoors shall be no more than 200 feet from a common entrance of a residential building.

(e) Collection points shall be located in a manner so that the swing of any collection point gate does not obstruct pedestrian or vehicle traffic or access to parking or that the gate swing or any hauling truck does not project into any public right-of-way.

(3) The storage space for nonresidential developments shall be apportioned and located in collection points as follows:

(a) Storage space may be allocated to a centralized collection point.

(b) Outdoor collection points shall not be located in any required setback areas.

(c) Collection points shall be located in a manner so that the swing of any collection point gate does not obstruct pedestrian or vehicle traffic or access to parking or that the gate swing or any hauling truck does not project into any public right-of-way.

(d) Access to collection points may be limited, except during regular business hours and/or specified collection hours.

(4) The collection points shall be designed as follows:

(a) Dimensions of the collection points shall be of sufficient width and depth to enclose containers for recyclables.

(b) Architectural design of any structure enclosing an outdoor collection point or any building primarily used to contain a collection point shall be consistent with the design of the primary structure(s) on the site.

(c) Collection points shall be identified by signs not exceeding two square feet.

(d) A six-foot wall or fence shall enclose any outdoor collection point, excluding collection points located in industrial developments that are greater than 100 feet from residentially zoned property. All screening shall include the use of landscape material.

(e) Enclosures for outdoor collection points and buildings used primarily to contain a collection point shall have gate openings at least 12 feet wide for haulers. In addition, the gate opening for any building or other roofed structure used primarily as a collection point shall have a vertical clearance of at least 12 feet.

(f) Weather protection of recyclables shall be ensured by using weather-proof containers or by providing a roof over the storage area.

(g) Loading areas within 50 feet and visible from an adjacent street or sidewalk shall be screened by a fence or wall. Collection points shall be fully enclosed.

(5) Only recyclable materials generated on-site shall be collected and stored at such collection points. Except for initial sorting of recycables by users, all other processing of such materials shall be conducted off site.

(6) The Director may waive or modify specific storage space and collection point requirements set forth in this section if the Director finds, in writing, that an alternate recycling program design proposed by the applicant meets the needs of the development and provides an equivalent or better level of storage and collection for recyclables. (Ord. 03-14 § 1; Ord. 01-14 § 1 (Exh. A); Ord. 42-02 § 2 (21A.14.210))

18.35.210 Fences.

Fences are permitted as follows:

(1) Fences exceeding a height of six feet shall comply with the applicable street and interior setbacks of the zone in which the property is located, except:

(a) Fences located on a rockery, retaining wall, or berm within a required setback area are permitted subject to the following requirements:

(i) Except for City of Covington public works projects in R-1 through R-18 zones and the resource zones:

(A) The total height of the fence and the rockery, retaining wall or berm upon which the fence is located shall not exceed a height of 10 feet. This height shall be measured from the top of the fence to the ground on the low side of the rockery, retaining wall or berm; and

(B) The total height of the fence itself, measured from the top of the fence to the top of the rockery, retaining wall or berm, shall not exceed six feet.

(ii) In the commercial/industrial zones, the height of the fence, measured from the top of the fence to the top of the rockery, retaining wall or berm, shall not exceed six feet.

(iii) Any portion of the fence above a height of eight feet, measured to include both the fence and the rockery, retaining wall, or berm (as described in subsection (1)(a)(i)(A) of this section), shall be an open-work fence.

(2) Fences located on a rockery, retaining wall or berm outside required setback areas shall not exceed the building height for the zone, measured in accordance with the standards established in the International Building Code.

(3) Electric fences shall:

(a) Be permitted only on properties that abut an agricultural use;

(b) Comply with the following requirements:

(i) An electric fence using an interrupted flow of current at intervals of about one second on and two seconds off shall be limited to 2,000 volts at 17 milliamp;

(ii) An electric fence using continuous current shall be limited to 1,500 volts at seven milliamp;

(iii) All electric fences in the R-4 through R-8 zones shall be posted with permanent signs a minimum of 36 square inches in area at 50-foot intervals stating that the fence is electrified; and

(iv) Electric fences sold as a complete and assembled unit can be installed by an owner if the controlling elements of the installation are certified by an ANSI approved testing agency; and

(4) Except as specifically required for the necessary security related to a nonresidential use, no barbed or razor-wire fence shall be located in any R-4 through R-8 zone. (Ord. 10-10 § 3 (Exh. C); Ord. 6-05 § 1; Ord. 23-04 § 13; Ord. 42-02 § 2 (21A.14.220))

18.35.220 Hazardous liquid and gas transmission pipelines.

(1) Tracts and easements containing hazardous liquid and gas transmission pipelines and required setbacks from such pipelines may include the following uses, subject to other regulations applicable to each use and approval of the holder of the easement: utility structures not normally occupied necessary for the operation of the pipeline, landscaping, trails, parks, open space, keeping of animals, agriculture, forestry, commercial signage, minor communication facilities and the utility structures not normally occupied necessary for the operation of the minor communication facility, and other compatible uses as specified on the face of the recorded plat or short plat; provided, that structures designed for human occupancy shall never be allowed within pipeline tracts, easements or setbacks.

(2) Hazardous liquid and gas transmission pipelines shall not be located in aquifer recharge areas, landslide hazard areas or erosion hazard areas. When it is impractical to avoid such areas, special engineering precautions should be taken to protect public health, safety and welfare. (Ord. 42-02 § 2 (21A.14.225))

18.35.230 Trail corridors – Applicability.

Repealed by Ord. 10-17. (Ord. 42-02 § 2 (21A.14.230))

18.35.240 Trail corridors – Design standards.

Repealed by Ord. 10-17. (Ord. 42-02 § 2 (21A.14.240))

18.35.250 Trail corridors – Maintenance of trail corridors/improvements.

Repealed by Ord. 10-17. (Ord. 42-02 § 2 (21A.14.250))

18.35.260 Wildlife habitat corridors – Applicability.

Repealed by Ord. 06-17. (Ord. 42-02 § 2 (21A.14.260))

18.35.270 Wildlife habitat corridors – Design standards.

Repealed by Ord. 06-17. (Ord. 10-10 § 3 (Exh. C); Ord. 42-02 § 2 (21A.14.270))

18.35.280 Short subdivisions or short subdivision alterations – Adequacy of access – Right-of-way use permits.

(1) Each lot within the short subdivision or short subdivision alteration shall have acceptable access to a street conforming to City street standards or to a lower level of improvement acceptable to the Director of Community Development. Individual lots may be served by access panhandles established either by fee ownership or easement, subject to approval of the Department. In order to assure safe and adequate access, the Director of Community Development:

(a) May approve private streets consistent with City street standards;

(b) May limit direct access to certain streets and require on-site public or private streets in lieu of individual driveways or access panhandles, in accordance with the City street standards;

(c) Shall require off-site improvements to public or private streets needed to provide access from the short subdivision to a street acceptable to the Director of Community Development; and

(d) Shall assure that the number of lots to be served by the street system complies with the adopted street standards.

(2) Short subdivisions involving construction within City right-of-way shall obtain a right-of-way use permit. (Amended at request of department 2/08; Ord. 42-02 § 2 (21A.14.300))

18.35.290 Proposed formal subdivisions, short subdivisions or binding site plans – Railroad buffer strips.

Where railroads abut proposed formal subdivisions, short subdivisions or binding site plans, measures to provide a physical separation between the two uses shall be required. These measures may include the use: grade separations, setbacks or barriers such as walls and fences. (Ord. 42-02 § 2 (21A.14.310))

18.35.300 Preliminary subdivision and short subdivision approval – Maintenance of private streets, easements and utilities required.

As a condition of preliminary subdivision and short subdivision approval, all private streets, easements, community utilities and properties shall be maintained by the owners of the property served by them and kept in good repair at all times. In order to ensure continued good repair, it must be demonstrated to the Department prior to plat recording that:

(1) There is a workable organization to guarantee maintenance with a committee or group to administer the organizational functions; and

(2) There is a means for assessing maintenance costs equitably to property owners served by the private streets, easements, community utilities and properties. (Ord. 42-02 § 2 (21A.14.320))

18.35.310 Lakepoint Urban Village1 subarea.

(1) Where standards in this section conflict with other standards in this title, the standards in this section shall supersede other standards for the Lakepoint Urban Village* subarea.

(2) An interconnected system of pedestrian and bicycle facilities shall provide access to all areas of the community, to adjacent neighborhoods, and to regional trails.

(3) The main arterial connecting SR 18 and 204th Ave SE shall attenuate traffic speeds through the community, support active street-level uses, and enhance pedestrian comfort and safety. An interconnected system of pedestrian and bicycle facilities shall provide access to all areas of the community, to adjacent neighborhoods, and to regional trails.

(a) Sixty percent or more of the length of each block frontage in the MR and RCMU zoning districts shall be occupied by a building unless more than 40 percent of the length of a block frontage is occupied, individually or collectively, by zoning setbacks, a park, plaza, open space, driveway, or critical area, in which case the building frontage requirement shall be reduced accordingly. This requirement does not apply where all or a portion of a block frontage is not deep enough for a building.

(b) Fifty percent or more of the length of each block frontage on both sides of all streets in other zoning districts shall be occupied by a building unless 50 percent or more of the length of a block frontage is occupied, individually or collectively, by zoning setbacks, a park, plaza, open space, driveway, or critical area, in which case the building frontage requirement shall be reduced accordingly. This requirement does not apply where all or a portion of a block frontage is not deep enough for a building.

(c) On lots or parcels with multiple buildings, pedestrian circulation routes shall interconnect all buildings.

(4) Buildings.

(a) CMC 18.35.050 shall apply only to townhouse developments.

(b) CMC 18.35.100 shall not apply to commercial, mixed-use, or integrated developments.

(c) A minimum of 60 percent of the street-level frontage of commercial and mixed-use buildings should be devoted to commercial uses.

(d) The main entrance for all buildings along a street frontage, including single-family residences and townhouses, shall be accessed from a public sidewalk or a pedestrian walkway connected to a public sidewalk.

(e) At least one public entrance for a commercial use shall be accessed from a public sidewalk or a pedestrian walkway connected to the public sidewalk.

(f) Overhead weather protection shall be provided continuously along 75 percent or more of the length of a commercial or mixed-use building frontage adjacent to a sidewalk or a pedestrian walkway connected to a sidewalk. Overhead weather protection may be composed of marquees, awnings, canopies, a building projection or other permanent structural element and must cover at least five feet of the width of the adjacent public walkway or sidewalk. This requirement applies only to building frontages containing street-level commercial uses.

(g) The use of sustainably harvested salvaged, recycled or reused products is encouraged.

(5) Pond Area.

(a) The area abutting the pond shall contain a continuous route devoted to public access. Public access includes, but is not limited to, parks, plazas, promenades, sidewalks, and multi-purpose trails. Sidewalks shall be a minimum of eight feet wide and shall be designed to be compliant with the standards of the Americans with Disabilities Act (ADA).

(b) When buildings containing commercial uses are located around the pond, at least 60 percent of the length of the pond-facing ground-level building frontage should be devoted to commercial uses. Multi-story buildings located around the pond should include residential uses.

(c) Public access corridors leading to the pond should be located at intervals of approximately 500 feet, unless not feasible due to topography. Access corridors include, but are not limited to, parks, streets, pedestrian ways, and passive open space.

(d) A least one public gathering place of at least one-half acre shall be provided to serve as a major public amenity.

(6) Gathering Places.

(a) In the RCMU zoning district, at least one public gathering place of at least one-half acre shall be provided that is an integral element of the commercial area and suitable for special events and celebrations.

(b) Outside of the RCMU zoning district and the pond area, at least one park shall be provided that is sufficient in size to include a range of active recreational uses for residents of varying ages and interests.

(c) All public gathering places shall be linked physically and visually to adjacent sidewalks or trails.

(7) Blank Walls, Mechanical and Utility Equipment.

(a) Any building facade with a blank wall greater than 200 square feet adjacent to a sidewalk, pedestrian walkway, parking lot, trail, park, plaza or other public space shall be treated architecturally and/or with landscape elements.

(b) Roof-mounted mechanical equipment visible from adjacent properties, sidewalks on an adjacent street or from an adjacent park or trail shall be screened from view by integrated building elements, such as walls, landscaped planters, or enclosures.

(c) Building- or ground-mounted utility meters or equipment shall be visually screened from an adjacent sidewalk or trail by a fence, wall, or landscaping.

(8) Gateways.

(a) Visual “gateways” shall be located in the area of the entrances to the subarea from SR 18 and from 204th Avenue SE.

(b) Gateways can consist of elements as varied as signage, special but significant landscaping, an identifying structure, sculpture or other artwork, a water feature, or some other distinctive element.

(9) The Director may approve alternatives to the standards in this section; provided, that the alternatives provide a comparable benefit or functional equivalent to the standard. (Ord. 03-14 § 1; Ord. 01-14 § 1 (Exh. A))

1Code reviser’s note: “Hawk Property” was renamed “Lakepoint Urban Village” with the adoption of the Comprehensive Plan by Ordinance 02-16.

18.35.320 Design standards for cottage housing and courtyard apartments.

(1) Cottage Housing.

(a) Open Space. Open space shall be provided equal to a minimum 20 percent of the lot size. This may include common open space, private open space, setbacks, critical areas, and other open space.

(b) Common Open Space.

(i) At least one outdoor common open space is required.

(ii) Common open space shall be provided equal to a minimum of 300 square feet per cottage. Each common open space shall have a minimum dimension of 15 feet on any side.

(iii) Orientation. Common open space shall be bordered by cottages on at least two sides. At least half of cottage units in the development shall abut a common open space and have the primary entrance facing the common open space.

(iv) Parking areas and vehicular areas shall not qualify as common open space.

(v) Critical areas and their buffers, including steep slopes, shall not qualify as common open space.

(c) Entries. All cottages shall feature a roofed porch at least 60 square feet in size with a minimum dimension of five feet on any side facing the street and/or common open space.

(d) Community Building.

(i) A cottage housing development shall contain no more than one community building.

(ii) A community building shall have no more than 2,400 square feet of net floor area, excluding attached garages.

(iii) A community building shall have no minimum off-street parking requirement.

(e) Affordable Housing Incentives.

(i) Cottage housing developments are permitted to use the affordable housing incentives listed in CMC 18.90.030 and 18.90.040.

(2) Courtyard Apartments.

(a) Yard or Court.

(i) At least one yard or court is required.

(ii) The yard or court shall be bordered by attached dwelling units on two or three sides.

(iii) The yard or court shall be a minimum dimension of 15 feet on any side.

(iv) Parking areas and vehicular areas do not qualify as a yard or court.

(b) Entries. Ground-related courtyard apartments shall feature a covered pedestrian entry, such as a covered porch or recessed entry, with minimum weather protection of three feet by three feet, facing the street or yard or court. (Ord. 04-25 § 24 (Exh. A))

18.35.330 Design review for middle housing.

The process used for reviewing compliance with middle housing design standards shall be administrative design review. (Ord. 04-25 § 25 (Exh. A))

18.35.335 Accessory dwelling units.

(1) General. Accessory dwelling units are permitted on all residentially zoned lots, regardless of lot size, provided all applicable zoning requirements are met unless otherwise defined in this section.

(2) Number of Units. A principal dwelling unit may have two accessory dwelling units in any combination of attached or detached configuration.

(3) Owner Occupancy Requirement.

(a) The property owner is not required to reside in either the primary dwelling unit or the accessory dwelling unit as a condition of establishing or maintaining an accessory dwelling unit.

(b) The absence of an owner occupancy requirement does not relieve the property owner from complying with all applicable State and local regulations.

(4) Sale of Accessory Dwelling Units as Separate Ownership Unit. An accessory dwelling unit may be sold separately from the primary dwelling unit, provided the following conditions are met:

(a) The accessory dwelling unit complies with all applicable zoning, building, and development standards established at the time of construction.

(b) The property is subdivided in accordance with the Washington State Condominium Act (Chapter 64.34 RCW) or through other applicable land division processes.

(5) Accessory Dwelling Unit Dimensional Standards. Unless otherwise provided in this section, the dimensional standards in Chapters 18.30 and 18.31 CMC apply.

(a) Maximum floor area is 1,000 square feet. If the accessory dwelling unit is wholly contained within a basement or attic, there is no limit on the maximum floor area.

(b) Maximum height is 24 feet.

(c) Setbacks (front and interior) pursuant to Chapters 18.30 and 18.31 CMC. A detached accessory dwelling may be constructed to the property line that abuts an alley. This exception does not apply to access tracts.

(6) Parking. The first accessory dwelling unit on a lot does not require an additional parking space. A second accessory dwelling unit on a lot requires one additional off-street parking stall unit unless the unit is within a half mile walking distance of a major transit stop, as defined in Chapter 18.20 CMC.

(7) Access. Construction or modification of access, including driveways, access tracts, and easements to the principal unit and any residential accessory dwelling unit, shall meet city driveway standards pursuant to Chapters 12.60 and 18.50 CMC.

(8) Sewer and Water. The accessory dwelling unit, either attached or detached, shall be served by water and sewer or an approved on-site septic pursuant to Chapter 13.10 CMC.

(9) Stormwater. Pursuant to the City’s adopted stormwater regulations in Chapters 12.60 and 13.25 CMC.

(10) Existing Structures. Accessory dwelling units may be converted from existing structures, including, but not limited to, detached garages.

(11) Other Utilities. All new or extended utilities must be underground pursuant to Chapter 12.60 CMC. Occupants of accessory dwelling units and the primary unit must have unrestricted access to utility controls for systems (including water, electricity, and gas) in each respective unit or a common area.

(12) Mailboxes. Additional mailboxes may be added for each permitted unit as approved by the United States Post Office.

(13) Health and Safety. Accessory dwelling units must comply with all the applicable requirements of the adopted international building, fire, and energy codes in Chapter 15.05 CMC.

(14) Application Process. An applicant for an accessory dwelling unit must submit a complete building permit application on the form provided by the City. The City shall review and process accessory dwelling unit permits using the same procedures and timelines as principal dwelling units.

(15) Payment of Impact Fees. Impact fees are assessed pursuant to CMC Title 19, Impact Fees. (Ord. 04-25 § 26 (Exh. A))