The purpose of this chapter is to establish reasonable standards for the safe operation and appropriate siting of a wide range of community residential facilities ("CRFs") within the city of Lynden, so as to protect public health and safety for both facility residents and the broader community. Many but not all CRFs regulated under Chapter 19.49 are forms of supportive housing intended to address the needs of persons who are or were experiencing homelessness or who are or were at risk of imminent homelessness. Housing types include single-family homes used for cooperative living, very short-term housing such as emergency shelters, transitional housing that provides support for up to two years, or permanent supportive housing in apartment, detached home, or group settings. Other CRFs may focus on aiding with basic personal needs for adults or children through adult family homes or group homes. This chapter does not include regulations related to camping on public property (see LMC Chapter 12.40).

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

"Adult" means a person who has attained the age of eighteen years.

B.

"Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. Adult family homes may provide services to up to eight adults upon approval from the Washington State Department of Social and Health Services pursuant to the requirements of RCW 70.128.066.

C.

"Child" means a person who has not yet attained the age of eighteen years.

D.

"City" means the city of Lynden unless some other meaning is apparent from context.

E.

"Community residential facility" or "CRF" is a collective term for the housing categories regulated under this chapter. This includes a wide variety of group living arrangements including adult family homes; group homes; emergency housing, indoor; emergency housing, outdoor; emergency shelter; transitional housing; and permanent supportive housing. Many but not all CRFs regulated under this chapter are forms of supportive housing intended to address the needs of persons who are or were experiencing homelessness or who are or were at risk of imminent homelessness.

F.

"Community school" means any elementary school, middle school, or high school located within the city of Lynden.

G.

"Emergency housing, indoor" means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that are intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Such facilities may or may not require occupants to enter into a lease or an occupancy agreement. Facilities within this category may be temporarily established to provide housing and services as a form of disaster relief.

H.

"Emergency housing, outdoor" means temporary outdoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that are intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. Facilities within this category may be temporarily established to provide housing and services as a form of disaster relief.

I.

"Emergency shelter" means an indoor or outdoor facility that provides a temporary shelter for individuals or families who are currently homeless. Such facilities may not require occupants to enter into a lease or an occupancy agreement. Facilities within this category may include day cooling and warming centers that do not provide overnight accommodations.

J.

"Evacuation center" means an indoor or outdoor facility identified in the Whatcom County Natural Hazards Mitigation Plan that provides temporary disaster-relief shelter, accommodations or emergency services for individuals or families displaced by disaster during an official City of Lynden Emergency State of Emergency. For the purposes of this chapter, evacuation center includes facilities identified in the Whatcom County Natural Hazards Mitigation Plan as "Emergency services" locations.

K.

"Group home" means a community-based, cooperative residential facility that typically serves five to twelve individuals and may provide twenty-four-hour support services. This includes one-on-one support and services based on individual need and the sharing of support within a household. Groups homes may function as transitional housing or permanent supportive housing. When assisting individuals exiting correctional facilities or under court supervision, refer to residential reentry facilities.

L.

"LMC" means the Lynden Municipal Code.

M.

"Permanent supportive housing" means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW.

N.

"Provider" means the owner, sponsor, or managing agency (as context requires) of a particular community residential facility.

O.

"Residential reentry facilities" means a type of transitional housing that provides temporary living accommodations for children or adults exiting correctional facilities (including persons who remain under correctional supervision such as probation or parole). Such facilities are meant to provide housing until such persons can move on to permanent housing. For the purposes of this chapter, "halfway homes" and other like reentry facilities shall be classified as residential reentry facilities if such facilities provide essentially the same services and operate with essentially the same intent as residential reentry facilities.

P.

"Transient accommodation" means any facility such as a hotel, motel, condominium, resort, or any other facility or place offering three or more lodging units to travelers and transient guests for periods of less than thirty days.

Q.

"Transitional housing" means a facility that provides temporary housing and supportive services to persons experiencing homelessness or at imminent risk of homelessness for up twenty-four months and that has as its purpose facilitating the movement of such persons into independent living and permanent housing. Temporary housing for those exiting correctional facilities or under court supervision is a subset of transitional housing regulated separately within this chapter (refer to residential reentry facilities for the applicable provisions).

(Ord. No. 25-1708, § 1, 6-2-2025)

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

General Requirements.

1.

When more than one CRF definition could apply to a subject facility, the subject facility shall adhere to the more restrictive requirements of this chapter.

2.

The provider shall comply with all federal, state, and local laws and regulations, including Whatcom County Department of Health regulations. The provider shall be subject to inspections by local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period.

3.

All subject facilities must comply with the provisions of the City of Lynden Building and Construction Code (LMC Title 15).

4.

Managing agencies and the Lynden Police Department (LPD) or Lynden Fire Department (LFD) shall establish reasonable requirements for appropriate access and coordination for the subject facility and its residents through the CRF approval process.

5.

Maximum capacities for a subject facility does not include on-site staff who may also live temporarily or permanently within the subject facility.

6.

Business licensing with the city of Lynden through the Washington State Department of Revenue is required for all subject facilities.

7.

Subject facilities providing transient accommodations are not permitted within residential single-family zoning categories. This includes all RS zones as well as RMD and Planned Residential Districts where the underlying zoning category is RS or RMD.

8.

All subject facilities must meet applicable residential, multi-family or commercial design standards depending on the underlying zoning category. Per LMC 19.17.100 and 19.23.060, administrative design review board approval is required for facilities constructed with multiple units or those that are located within a commercial zoning category.

B.

Registration with the city of Lynden.

1.

All subject facilities are required to apply for registration on the community residential facilities registry ("registry") maintained by the City of Lynden. Every subject facility is subject to review and approval depending on the type and scale proposed before it can be included on the registry.

2.

The registry will be publicly available although the location of a subject facility may be withheld if disclosure would jeopardize the safety of the persons housed therein.

3.

The provider must provide an operation plan at the time of registration that addresses the following elements:

a.

Name and contact information for key staff.

b.

Roles and responsibilities of key staff.

c.

Site and facility management, including security policies and an emergency management plan.

d.

Site and facility maintenance.

e.

Applicable licensing from Washington State Department of Social and Health Services or other governing agency.

f.

Occupancy policies, including resident responsibilities and a code of conduct that addresses, at a minimum, the use or sale of alcohol and illegal drugs, threatening or unsafe behavior, and weapon possession.

g.

Provisions for human and social services, including staffing plan, credentials or certification, and outcome measures.

h.

Procedures for maintaining accurate and complete records.

i.

Coordination with the Lynden Police Department and Lynden Fire Department.

4.

Approval process. Refer to the specified code section associated with CRF type to determine the required review and approval process. This may include, but is not limited to, additional application processes beyond the application to the registry.

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

Applicability.

1.

The subject adult family home ("AFH") facility must fit within the definition of such facilities set out in LMC 19.49.020.

2.

Adult family homes are regulated by this chapter as well as by State Law under RCW Chapter 70.128. In the event of a conflict between the LMC regulations and the State regulations, the State regulations shall prevail.

B.

Approval process.

1.

Application must be made to the Community Development Department for registration on the Community Residential Facilities Registry.

2.

Review of AFHs is conducted by the technical review committee with final approval determined by the community development director. Appeal of the community development director's decision can be made to the hearing examiner consistent with LMC Chapter 17.11. The appeal window of this administrative decision does not begin until notices are mailed as further provided herein.

C.

Development standards.

1.

Conformance with the general provisions for all CRFs (LMC 19.49.040), including applicable inspections, is required.

2.

Scale. A maximum of six adults unrelated by blood or marriage to the person or persons providing services are permitted. However, the subject AFH may provide services to up to eight adults upon approval from the Washington State Department of Social and Health Services pursuant to RCW 70.128.066.

3.

Zoning. AFHs are permitted in all residential zoning categories.

4.

Construction and appearance. New construction or modification of an AFH must be made consistent with the development standards associated with the underlying zoning category.

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

Applicability.

1.

The subject emergency housing, indoor facility ("EHIF") or emergency shelter facility ("ESF") must fit within the definition of such facilities set out in LMC 19.49.020.

2.

EHIF and ESF facilities are regulated by this chapter as well as by state law under RCW Chapter 43.185C. In the event of a conflict between the LMC regulations and state regulations, the state regulations shall prevail.

3.

This section includes regulations related to two sub-types of EHIF and ESF facilities: Small scale facilities (six or few beds) and large scale facilities (more than six beds).

4.

The approval process and development standards for EHIFs are identical to ESFs unless otherwise indicated.

5.

Note Regarding Evacuation Centers.

a.

Evacuation center locations are identified in the Whatcom County Natural Hazards Mitigation Plan.

b.

Review of evacuation center locations will be made concurrent with periodic updates to the Whatcom County Natural Hazards Mitigation Plan.

c.

EHIF and ESF facilities sited on locations identified as evacuation centers in the Whatcom County Natural Hazards Mitigation Plan are not subject to the zoning restrictions otherwise applicable to such facilities within this chapter.

B.

Approval process.

1.

Small scale emergency housing, indoor facility ("EHIF").

a.

A subject small scale EHIF must apply to the city planning department for registration on the community residential facilities registry.

b.

Small scale EHIFs are reviewed and approved administratively according to the development standards set out in this chapter and the city's design review guidelines. Said review is conducted by the technical review committee with final approval determined by the planning director. Appeal of the planning director's decision can be made to the hearing examiner consistent with LMC Chapter 17.11. The appeal window of this administrative decision does not begin until notices are mailed as further provided herein.

c.

The provider of a subject small scale EHIF is responsible for mailing a notice of decision via certified mail to all property owners within three hundred feet of the subject small scale EHIF's property line. The notice of decision must provide steps for accessing the subject small scale EHIF's information as recorded on the community residential facilities registry.

2.

Large scale emergency housing, indoor facilities ("EHIF").

a.

A subject large scale EHIF is considered a conditional use and must secure a conditional use permit.

b.

A subject large scale EHIF, in addition to the Conditional Use Hearing, must secure formal approval through the city's design review process. This administrative review by the community development department does not require a second public hearing. The review must consider any conditions of approval associated with the conditional use permit, the City of Lynden multi-family residential design review standards, and the standards applicable to large scale EHIFs set out in this chapter.

c.

Large scale EHIFS are to be included on the community residential facilities registry only after design review approval is secured and a conditional use permit has been issued.

C.

Development standards.

1.

EHIFs must demonstrate conformance with the general provisions for all CRFs (LMC 19.49.040), including applicable inspections. This information can be combined with a conditional use permit application if one is required.

2.

Scale.

a.

A subject small scale EHIF shall include no more than six beds.

b.

A subject large scale EHIF shall include no more than eighty beds at any one location and there must be a minimum of thirty-five square feet of floor area per individual.

3.

Zoning.

a.

EHIFs are permitted in all zoning categories where lodging and hotel accommodations are permitted. This includes CSL, CSR, and the HBD.

b.

EHIFs are not permitted in any residential, public use, or industrial zoning categories.

c.

Notwithstanding the foregoing, a subject EHIF may be sited on a location identified as Evacuation Centers in the Whatcom County Natural Hazards Mitigation Plan.

4.

Spacing.

a.

An EHIF shall not be located within five hundred feet of a community school or within three hundred feet of another approved CRF.

5.

Construction and appearance.

a.

All EHIFs must be made consistent with the development standards associated with the underlying zoning category, the city's multi-family residential design review standards, and the additional standards set out herein.

b.

A subject EHIF shall match the bulk and scale of residential uses allowed in the zone where the facility is located. The design, construction, appearance, physical integrity, and maintenance of an EHIF shall provide an environment that is attractive, sustainable, functional, appropriate for the surrounding community, and conducive to health, safety, and stability of residents.

c.

Exterior lighting of an EHIF must comply with requirements of the city's design review standards for site lighting. Pedestrian and parking areas must be well-lit but light must be directed downward so that glare is contained within the subject EHI facility site in order to limit the impact on neighboring properties.

d.

A subject EHIF must provide off-street parking in accordance with LMC Chapter 19.51.

e.

A description of transit, pedestrian, and bicycle access from the subject EHIF site to services must be provided at time of application by the provider.

6.

Facility operations. The following standards are required of all EHIFs and must be included in the EHIF's written procedures.

a.

Trash receptacles must be provided in multiple locations throughout the subject EHIF and site. A regular trash-cleanup patrol in the immediate vicinity of the EHIF site must be conducted.

b.

Residents and staff of the EHIF must comply with all Whatcom County Health Department regulations applicable to food donations.

c.

No children are allowed to stay overnight in the EHIF, unless accompanied by a parent or legal guardian, or unless the EHIF is licensed to provide services to children. If a child without a parent or legal guardian present attempts to stay in the EHIF not specifically licensed for providing housing to children, the provider shall immediately contact the Child Protective Services division of the Washington State Department of Children, Youth and Families and actively endeavor to find alternative housing for the child.

d.

No person under court supervision or under sex offender registration requirements is allowed to receive services from the EHIF, unless providing such services is consistent with the laws, regulations, and supervisory requirements applicable to such person.

7.

Required services for large scale EHIFs. In addition to the other applicable standards set out in this chapter, large scale EHIFs must provide the services set out below and the conditional use permit application must include enough detail to demonstrate compliance.

a.

Residents shall have access to the following services on site; if not provided on site, transportation shall be provided:

i.

Medical services, including mental and behavioral health counseling.

ii.

Access to resources on obtaining permanent housing and access to employment and education assistance. (Applicable to EHIFs but not ESFs).

iii.

Substance abuse assistance. (Applicable to ESFs but not EHIFs).

b.

All functions associated with the subject EHIF, including adequate waiting space, must take place on site.

c.

The number of toilets and other hygiene facilities required for a subject EHIF shall be determined by the City building official on a case-by-case basis in consultation with the Whatcom County Health Department after a review of factors such as the potential number and composition of residents.

d.

An EHIF shall have dedicated spaces for residents to meet with service providers

e.

In order to encourage access to all appropriate services for residents, the provider of a subject EHIF shall coordinate with other homelessness service providers for referrals to their programs and with other providers of facilities and services for people experiencing homelessness.

A.

Applicability.

1.

An emergency housing, outdoor facility ("EHOF"), such as a tent city or the collective use of recreational vehicles to provide shelter to disaster victims, is only permitted in situations when the city council has declared a state of emergency.

2.

The subject EHOF must fit within the definition of such facilities set out in LMC 19.49.020.

3.

EHOFs may be established for up to sixty days to provide housing and services to address basic health, food, clothing, and personal hygiene needs of individuals or families as a form of disaster relief.

4.

The city council may extend the approved time frame for a subject EHOF beyond sixty days if deemed necessary due to an extended state of emergency.

5.

Note regarding evacuation centers.

a.

Evacuation center locations are identified in the Whatcom County Natural Hazards Mitigation Plan (NHMP).

b.

Review of evacuation center locations will be made concurrent with periodic updates to the Whatcom County NHMP.

c.

EHOF facilities must be sited on locations identified as evacuation centers in the Whatcom County NHMP.

B.

Approval process.

1.

The Whatcom County Natural Hazards Mitigation Plan (NHMP) is a countywide plan managed by the Whatcom County Sheriffs Office's Division of Emergency Management. The plan must be updated every five years and approved by the Federal Emergency Management Agency (FEMA) to remain eligible for federal funding for hazard mitigation projects.

C.

Development standards.

1.

Conformance with the general provisions for all CRFs (LMC 19.49.040), including applicable inspections, is required.

2.

Scale. A subject EHOF shall include no more than two hundred beds.

3.

Zoning. EHOFs may only be sited on locations identified as evacuation centers in the Whatcom County Natural Hazards Mitigation Plan.

4.

Construction and appearance.

a.

Design and organization of EHOFs is within the purview of the Whatcom County Sheriff's Office Division of Emergency Management, the city fire chief, city administrator, city chief of police, and city public works director.

b.

EHOFs must be organized in such a way as to minimize impacts to surrounding neighborhoods. These impacts may include, but are not limited to, disruptions related to traffic, noise, and light.

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

Applicability.

1.

The subject group home ("GH") facility must fit within the definition of such facilities set out in LMC 19.49.020.

2.

The provider of a subject GH facility may provide twenty-four-hour on-site support services.

B.

Approval process.

1.

Application must be made to the community development department for registration on the community residential facilities registry.

2.

Review of GHs is conducted by the technical review committee with final approval determined by the community development director. Appeal of the planning director's decision can be made to the hearing examiner consistent with LMC Chapter 17.11. The appeal window of this administrative decision does not begin until notices are mailed as further provided herein.

3.

When a subject GH facility is functioning as transitional housing or permanent supportive housing the provider is responsible for mailing a notice of decision via certified mail to all property owners within three hundred feet of the subject GH's property line. The notice of decision must provide steps for accessing the subject GH's information as recorded on the community residential facilities registry.

a.

Mailing of a notice of decision is not required when a subject GH facility is affiliated with and adjacent to the facilities of an existing house of worship.

b.

Mailing of a notice of decision may also be waived by the community development director if such a notice would jeopardize the safety and security of a subject GH facility's residents or expose victims of crime or abuse to emotional harm.

C.

Development standards.

1.

Conformance with the general provisions for all CRFs (LMC 19.49.040), including applicable inspections, is required.

2.

Scale.

a.

All bedrooms with one occupant must have at least seventy square feet.

b.

Shared bedrooms must have at least fifty square feet per occupant.

c.

Kitchens and other non-habitable rooms cannot be used as a bedroom.

d.

In addition to bedroom space, every GH facility shall provide shared living and dining areas as follows: one hundred twenty square feet of living room for GH facilities with two or fewer occupants; one hundred twenty square feet of living room and eighty square feet of dining room for GH facilities with three to five occupants; and one hundred fifty square feet of living room and one hundred square feet of dining room for GH facilities with six or more occupants.

3.

Zoning. GHs are permitted in all residential zoning categories (including SF and RMD).

4.

Spacing. A subject GH that is functioning as transitional housing or permanent supportive housing shall not be located within five hundred feet of a community school or within three hundred feet of another approved CRF.

5.

Construction and appearance. New construction or modification of a GH must be made consistent with the development standards associated with the underlying zoning category.

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

Applicability.

1.

The subject residential reentry facility ("ResRF") must fit within the applicable definition of such facilities set out in LMC 19.49.020.

2.

ResRFs are regulated by this chapter as well as by state Law. In the event of a conflict between the LMC regulations and the state regulations, the state regulations shall prevail.

3.

This chapter includes regulations related to two sub-types of ResRF facilities: Small scale facilities (six or fewer beds) and large scale facilities (more than six beds but no more than twelve beds).

B.

Approval process.

1.

Application must be made to the community development department for registration on the community residential facilities registry.

2.

Small scale residential reentry facilities.

a.

Small scale ResRFs are reviewed and approved administratively according to the development standards set out in this chapter and in the city's design guidelines. Said review is conducted by the technical review committee with final approval determined by the community development director. Appeal of the community development director's decision can be made to the hearing examiner consistent with LMC Chapter 17.11. The appeal window of this administrative decision does not begin until notices are mailed as further provided herein.

b.

The provider of a subject small scale ResRF is responsible for mailing a notice of decision via certified mail to all property owners within three hundred feet of the subject small scale ResRF's property line. The notice of decision must provide steps for accessing the subject ResRF's information as recorded on the community residential facilities registry.

3.

Large scale residential reentry facilities.

a.

Large scale ResRFs are considered conditional use and must secure a conditional use permit.

b.

A subject large scale ResRF, in addition to the conditional use hearing, must complete the city's administrative design review process. The design review must consider any conditions of approval associated with the conditional use permit, the city's standards for multi-family residential design and the standards applicable to large scale ResRFs set out in this chapter.

c.

Large scale ResRF's are to be included on the community residential facilities registry only after administrative design review approval is secured and a conditional use permit has been issued.

C.

Development standards.

1.

All ResRFs must demonstrate conformance with the general provisions for all CRFs (LMC 19.49.040), including applicable inspections. This information can be combined with a conditional use permit application if one is required.

2.

Scale.

a.

A subject small scale ResRF shall include no more than six beds.

b.

A subject large scale ResRF shall include more than six beds but no more than twelve beds at any one location.

c.

All ResRFs shall provide a minimum of three hundred fifty square feet of floor area per adult resident.

3.

Zoning.

a.

Small scale ResRFs permitted in all residential zoning categories and in all zoning categories where lodging and hotel accommodations are permitted. This includes CSL, CSR, and the HBD.

b.

Large scale ResRFs are permitted as conditional uses in all zoning categories where lodging and hotel accommodations are permitted, as well as in the RM-3, RM-4, CSL, CSR, and HBD zoning categories.

4.

Spacing.

a.

A subject ResRF (whether small scale or large scale) shall not be located within five hundred feet of a community school or within three hundred feet of another approved CRF.

5.

Construction and appearance. All large scale ResRFs are subject to administrative design review approval. New construction or modification of all large scale ResRF facilities must be made consistent with the development standards associated with the underlying zoning category, the city's design standards for multi-family residential construction, any conditions of approval associated with the conditional use permit, and the additional standards set out herein.

a.

A subject facility shall match the bulk and scale of residential uses allowed in the zone where the facility is located. The design, construction, appearance, physical integrity, and maintenance of the subject facility shall provide an environment that is attractive, sustainable, functional, appropriate for the surrounding community, and conducive to health, safety, and stability of residents.

b.

Exterior lighting of a subject facility must comply with of the city's design standards s for site lighting. Pedestrian and parking areas must be well-lit but light must be directed downward so that glare is contained within the subject facility site in order to limit the impact on neighboring properties.

c.

A subject facility must provide off-street parking in accordance with LMC Chapter 19.51.

d.

A description of transit, pedestrian, and bicycle access from the subject facility site to services must be provided at time of application by the provider.

6.

Required services for large scale ResRFs. In addition to the other applicable standards set out in this chapter, large scale ResRFs must provide the services set out below and the registry application must include enough detail to demonstrate compliance.

a.

Residents shall have access to the following services on site; if not provided on site, transportation shall be provided:

1.

For all facilities, medical services, including mental and behavioral health counseling; access to resources on obtaining permanent housing and access to employment and education assistance; and substance abuse assistance.

b.

All functions associated with a subject facility, including adequate waiting space, must take place on site.

c.

The number of toilets and other hygiene facilities required for a subject facility shall be determined by the City building official on a case-by-case basis in consultation with the Whatcom County Health Department after a review of factors such as the potential number and composition of residents.

d.

A subject facility shall have dedicated spaces for residents to meet with service providers

e.

In order to encourage access to all appropriate services for residents, the provider of a subject facility shall coordinate with other providers of facilities and services for people exiting the correctional system for referrals to their programs.

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

Applicability.

1.

The subject transitional housing facility ("THF") must fit within the definition of such facilities set out in LMC 19.49.020.

2.

This chapter includes regulations related to two sub-types of THFs: Small scale facilities (six or fewer individuals) and large scale facilities (up to thirty individuals).

B.

Approval process.

1.

Application must be made to the community development department for registration on the community residential facilities registry.

2.

Review of THFs is conducted by the technical review committee with final approval determined by the community development director. Appeal of the community development director's decision can be made to the hearing examiner consistent with LMC Chapter 17.11. The appeal window of this administrative decision does not begin until notices are mailed as further provided herein.

3.

The provider of a subject THF is responsible for mailing a notice of decision via certified mail to all property owners within three hundred feet of the subject THF's property line. The notice of decision must provide steps for accessing the subject THF's information as recorded on the community residential facilities registry.

4.

Before registration, a large scale THF must secure approval of a conditional use permit from the Lynden Planning Commission and city council as well as administrative design review approval. Design review is required regardless of if the large scale THF is new construction or the conversion of an existing structure. See the development standards subsection for process.

5.

Large scale THF are to be included on the community residential facilities registry only after design review approval is secured and a conditional use permit has been approved and issued.

C.

Development standards.

1.

Conformance with the general provisions for all CRFs (LMC 19.49.040), including applicable inspections, is required.

2.

Scale.

a.

A subject THF shall provide a minimum of three hundred fifty square feet of floor area per adult resident.

b.

A subject small scale THF shall house a maximum of six individuals (unless a group larger than six is a single family unit).

c.

A subject large scale THF shall house a maximum of thirty individuals.

d.

For the purposes of calculating the total number of individuals within a subject THF, children are not included.

3.

Zoning.

a.

Small scale THFs are permitted in all residential zoning categories and in all zoning categories where lodging and hotel accommodations are permitted. This includes CSL, CSR, and the HBD.

b.

Large scale THFs are permitted as conditional uses in all zoning categories where lodging and hotel accommodations are permitted, as well as in the RM-3, RM-4, CSL, CSR, and HBD zoning categories.

4.

Spacing.

a.

A subject THF shall not be located within five hundred feet of a community school or within three hundred feet of another approved CRF.

5.

Construction and appearance. All large scale ResRFs are subject to administrative design review approval. New construction or modification of all large scale ResRF facilities must be made consistent with the development standards associated with the underlying zoning category, the city's design standards for multi-family residential construction, any conditions of approval associated with the conditional use permit, and the additional standards set out herein.

a.

A subject THF shall match the bulk and scale of residential uses allowed in the zone where the facility is located. The design, construction, appearance, physical integrity, and maintenance of the subject THF shall provide an environment that is attractive, sustainable, functional, appropriate for the surrounding community, and conducive to health, safety, and stability of residents.

b.

Exterior lighting of a subject THF must comply with requirements of the city's design guidelines for site lighting. Pedestrian and parking areas must be well-lit but light must be directed downward so that glare is contained within the subject THF site in order to limit the impact on neighboring properties.

c.

A subject THF must provide off-street parking in accordance with LMC Chapter 19.51.

d.

A description of transit, pedestrian, and bicycle access from the subject THF site to services must be provided at time of application by the provider.

6.

Required services for THFs. In addition to the other applicable standards set out in this chapter, THFs must provide the services set out below and the registry application must include enough detail to demonstrate compliance.

a.

Residents shall have access to the following services on site; if not provided on site, transportation shall be provided: medical services, including mental and behavioral health counseling; access to resources on obtaining permanent housing and access to employment and education assistance; and substance abuse assistance.

b.

All functions associated with a subject THF, including adequate waiting space, must take place on site.

c.

The number of toilets and other hygiene facilities required for a subject THF shall be determined by the city building official on a case-by-case basis in consultation with the Whatcom County Health Department after a review of factors such as the potential number and composition of residents.

d.

A subject THF shall have dedicated spaces for residents to meet with service providers

e.

In order to encourage access to all appropriate services for residents, the provider of a subject THF shall coordinate with other providers of services for people experiencing homelessness or at imminent risk of homelessness for referrals to their programs.

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

Applicability.

1.

The subject permanent supportive housing facility ("PSHF") must fit within the definition of such facilities set out in LMC 19.49.020.

B.

Approval process.

1.

Application must be made to the community development department for registration on the community residential facilities registry.

2.

PSHFs are reviewed and approved administratively according to the development standards set out in this chapter and the city's design guidelines. Said review is conducted by the technical review committee with final approval determined by the community development director. Appeal of the community development director's decision can be made to the hearing examiner consistent with LMC Chapter 17.11. The appeal window of this administrative decision does not begin until notices are mailed as further provided herein.

3.

The provider of a subject PSHF is responsible for mailing a notice of decision via certified mail to all property owners within three hundred feet of the subject PSHF's property line. The notice of decision must provide steps for accessing the subject PSHF's information as recorded on the community residential facilities registry.

4.

Notwithstanding the foregoing, PSHFs located where lodging and hotel accommodations are permitted are considered a conditional use and must secure a conditional use permit. A subject PSHF, in addition to the conditional use hearing, must secure formal approval through the city's design review process. Design review does not require a second public hearing. The review must consider any conditions of approval associated with the conditional use permit, the City of Lynden's multi-family residential design standards, and the standards applicable to PSFHs set out in this chapter. A subject PSHF is to be included on the community residential facilities registry only after design review approval is secured and a conditional use permit has been approved and issued.

C.

Development standards.

1.

Conformance with the general provisions for all CRFs (LMC 19.49.040), including applicable inspections, is required. This information can be combined with a conditional use permit application if one is required.

2.

Scale.

a.

All PSHFs shall provide a minimum of five hundred square feet of floor area per dwelling unit and maximum occupancy shall not exceed three hundred fifty square feet per adult resident.

3.

Zoning.

a.

PSFHs are permitted in all residential zoning categories. Maximum unit density must be consistent with the underlying zoning category.

b.

PSHFs are permitted where lodging and hotel accommodations are permitted (this includes the CSL, CSR, and the HBD zoning categories) subject to a conditional use permit.

4.

Spacing.

a.

A subject PSHF shall not be located within five hundred feet of a community school or within three hundred feet of another approved CRF.

5.

Construction and appearance. All PSHFs within a multi-family zoning category (RM) or commercial zoning category (CSL or CSR), whether are subject to approval by the city design review. New construction or modification of a PSHF must be made consistent with the development standards associated with the underlying zoning category, the city's multi-family residential design standards any conditions of approval associated with the conditional use permit (if applicable), and the additional standards set out herein.

a.

A subject PSHF shall match the bulk and scale of residential uses allowed in the zone where the facility is located. The design, construction, appearance, physical integrity, and maintenance of the subject facility shall provide an environment that is attractive, sustainable, functional, appropriate for the surrounding community, and conducive to health, safety, and stability of residents.

b.

Exterior lighting of a subject PSHF must comply with requirements of the city's design standards for site lighting. Pedestrian and parking areas must be well-lit but light must be directed downward so that glare is contained within the subject facility site in order to limit the impact on neighboring properties.

c.

A subject PSHF must provide off-street parking in accordance with LMC Chapter 19.51.

d.

A description of transit, pedestrian, and bicycle access from the subject PSHF site to services must be provided at time of application by the provider.

6.

Required services for PSHFs. In addition to the other applicable standards set out in this chapter, PSHFs must provide the services set out below and the registry application must include enough detail to demonstrate compliance.

a.

Residents shall have access to the following services on site; if not provided on site, transportation shall be provided: medical services, including mental and behavioral health counseling; access to resources on obtaining permanent housing and access to employment and education assistance; and substance abuse assistance.

b.

All functions associated with a subject PSHF, including adequate waiting space, must take place on site.

c.

The number of toilets and other hygiene facilities required for a subject PSHF shall be determined by the city building official on a case-by-case basis in consultation with the Whatcom County Health Department after a review of factors such as the potential number and composition of residents.

d.

A subject PSHF shall have dedicated spaces for residents to meet with service providers.

e.

In order to encourage access to all appropriate services for residents, the provider of a subject PSHF shall coordinate with other providers of services for people experiencing homelessness or at imminent risk of homelessness for referrals to their programs.

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

Measurement standard.

1.

For the purposes of the spacing requirements established in this chapter, distance shall be measured in a straight line between the closest property line of the subject facility and the closest property line of the community school or other approved CRF.

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

Reasonable accommodations.

B.

The Fair Housing Act ("FHA"), 42 U.S.C. 3604(f)(3)(B), requires that reasonable accommodations be made in rules, policies, practices, or services, when such accommodations may be necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling. The community development director is therefore authorized to make accommodations in the provisions of this chapter as applied to CRFs occupied or to be occupied by persons with disabilities as defined in the FHA, when the community development director determines that such accommodations reasonably may be necessary in order to comply with the requirements of the FHA.

C.

Religious organizations.

D.

Nothing in this chapter shall be applied to the extent it would infringe upon a religious organization's ability to serve the homeless consistent with a sincere religious belief as protected under the First Amendment of the United States Constitution, Article I § 11 of the Washington State Constitution, the Religious Land Use and Institutionalized Persons Act (42 U.S.C. 2000cc et seq.), and RCW 35.21.915 (Hosting the homeless by religious organizations).

(Ord. No. 25-1708, § 1, 6-2-2025)