Chapter 18.22 GENERAL PROVISIONS AND STANDARDS

A. Purpose. The city of Langley’s identity is defined by its beautiful natural setting and human scaled downtown characterized by extensive landscaped gardens both on private properties and within the public realm of streets, parks and open spaces. Langley is surrounded by mature coniferous forest that delineates the urban city from the rural county while strengthening the city’s sense of place within the surrounding landscape. The preservation and enhancement of these features are important to the future of the city to achieve environmental, social and economic sustainability. Other objectives are to:

1. Retain existing vegetation, tree stands and significant trees by incorporating them into the site design.

2. Incorporate native vegetation and drought resistant plant material into new landscape developments as appropriate.

3. Provide vegetated screening between different land uses and intensities.

4. Minimize the visual and physical impact of parking areas with vegetative screening and shade.

5. Provide vegetated screening between residential and nonresidential areas.

6. Beautify the commercial districts with extensive gardens and landscape installations.

7. Create pedestrian oriented spaces in the downtown with a blend of hardscape and landscape features.

8. Balance the desire to preserve trees and vegetation with the desire for openness of space and sun exposure.

9. Maintain and increase bluff stability by intercepting runoff and groundwater via landscaping.

10. Ameliorate weather and climate impacts by retaining and planting trees to block and filter wind, provide shade where desired and store carbon.

B. Applicability. The standards herein apply to any multifamily development, all subdivisions (plats), and all nonresidential development including site plans, binding site plans and planned unit developments. Single- and two-family lots are exempt from the requirements of this section with the exception of the standards addressing the preservation of significant trees (subsection (I) of this section) or if vegetation is to be preserved as part of a subdivision approval.

C. Professional Designer. All landscape plans shall be prepared by a licensed landscape architect or landscape designer qualified to provide landscape design services as exhibited by experience with past projects, education or a combination thereof.

D. Submittal Requirements. All landscape plans shall include the following:

1. A detailed site plan of all existing and proposed trees and vegetation at a minimum scale of one inch equals 30 feet identifying all existing and proposed landscaping.

2. A detailed plant and tree list showing the type of species and size at installation and whether the plants are native or nonnative. Nonnative species may be allowed with evidence of their suitability for the proposed application.

3. A narrative identifying the overall design concept for the proposed landscaping plan and demonstrating compliance with the requirements of this section.

E. Standards for Parking Lots and Walkways.

1. A minimum of one tree for every eight parking spaces is required for planting along the interior of parking lots and one tree for every four spaces along the exterior of parking lots and along the right-of-way.

2. A minimum of 10 feet between the edge of the right-of-way and the parking lot shall include extensive landscaping consisting of trees, shrubs and plants to soften the visual impact of the parking lot. The intent is not to create a completely opaque vegetative screen, but to soften the visual impact of the parking areas.

3. All trees shall be a minimum two-inch caliper when planted.

4. Dedicated walkways through parking areas shall include a minimum of five feet of landscaping along both sides of the walkway.

5. Walkways along building frontages shall have a minimum 10 feet of landscaped area between the walkway and the building.

F. Street Trees.

1. A street tree shall be planted for every 40 feet of frontage along the street and shall be located either within the right-of-way or along the frontage of the property within 10 feet of the right-of-way.

2. The street tree species must be demonstrated to be appropriate for the given location, that it will not damage infrastructure in the area (sidewalks, roadway, utility lines, etc.), or unnecessarily block views from public or private property. The property owner shall demonstrate an ability to properly maintain the tree by submitting a management plan for review and approval.

3. When selecting a street tree applicants shall consult with the Seattle department of transportation street tree list as a guide and reference support for the selected species within the street tree list unless an alternative is specifically approved.

G. Site Design Techniques. Sites shall be designed to include, but not be limited to, the following features unless determined by the city to not be applicable or appropriate for the specific project:

1. Landscape open areas created by building modulation.

2. Retain natural vegetation and undisturbed open space.

3. Use plants that require low amounts of water, including native drought-resistant species.

4. Locate trees on storefront street frontages at appropriate spacing so that at maturity building signage and entrance are clearly visible from the street and sidewalk.

5. Plant a mix of evergreen and deciduous plants to maintain year-round color and interest.

6. Incorporate on-site natural objects such as rocks, boulders and tree stumps into landscape design where possible.

7. Shrubs, grasses and other nontree vegetation shall be included in the plan as appropriate to the site on a case-by-case basis.

8. Incorporating seating areas and public art into the landscape design is encouraged.

9. Planters, hanging baskets, window boxes or other landscape features along the street for sites that do not have landscape areas on site.

H. Planting Requirements.

1. Intent. The intent of this section is to encourage the use of native species and nonnative species that have adapted to the climate of Whidbey Island.

2. Requirements. Landscape designs shall conform to the following provisions:

a. Areas that do not include landscaping required by this chapter including parking, structures or other site improvements should be planted or preserved with native vegetation.

b. New plant materials shall include native species or nonnative species that have adapted to the climatic conditions of the coastal region of the Puget Sound region. Species on any state noxious weed list are expressly prohibited.

c. New plant materials shall consist of drought resistant species, except where site conditions within the required landscape areas assure adequate moisture for growth.

d. New tree plantings shall be a minimum two-inch caliper if deciduous or six feet in height if evergreen. Soil planting types and depth shall be sufficient for tree planting.

e. Existing vegetation may be used to augment new plantings to meet the standards of this chapter at a ratio of 1:1.

I. Tree Retention and Protection.

1. A plan of all existing significant trees shall be provided with applications for development subject to these standards.

2. Where feasible, projects shall be designed to avoid the removal of significant trees without diminishing allowed uses, densities and intensities or the function of the proposed development through development clustering or other site design techniques. Safety, solar access for active and passive solar design and local food production will also be considered as part of review of the tree retention plan.

3. Projects may be required to preserve significant trees with a native growth protection area when the tree preservation is determined to be commensurate with the project’s impact or voluntarily by the applicant.

4. No significant tree may be removed from any property without first obtaining authorization from the city planning official following consultation with the city forester. In lieu of consultation with the city forester, the planning official may accept written consultation from a certified arborist selected from the approved Island County list. Any significant tree removed shall be replaced with an appropriate species. Consultation with neighbors is encouraged to avoid conflicts with views and infrastructure. A significant tree may be authorized for removal based on the following criteria:

a. The tree has been deemed hazardous by a certified arborist.

b. The tree is dead or dying. Confirmation from a certified arborist may be required.

c. The property owner desires solar access for passive or active solar energy or for agricultural purposes upon a showing that removal of the tree will significantly increase solar access.

d. View Preservation or Retention. The city may authorize the removal of significant trees(s) for view preservation and retention upon determining that it is not feasible to retain the tree and preserve or retain the view through pruning. Any significant tree removed must be replaced with two additional trees in suitable locations that will not block views from the subject property in the future unless determined by the planning official to not be reasonable or feasible.

e. Approved site development including structures, driveways, parking areas and walkways.

5. Trees within critical areas or buffers may not be authorized for removal unless the tree(s) are deemed to be dead, dying and hazardous as approved by the planning official. Trees removed from critical areas must be replaced with an appropriate native species.

J. Enforcement. In addition to the enforcement provisions of Chapter 1.14 the city may require the replacement of any significant tree at a ratio of up to 4:1 if removed in violation of this section.

K. Modifications. The planning official may approve modifications to the standards contained in this section to achieve the overall purpose and intent of this section. (Ord. 1023 § 4, 2015; Ord. 1016 § 4, 2015; Ord. 1004 § 4 (Exh. E), 2014)

18.22.030 Yards.

A. No yard shall be reduced in size or area below the minimum dimensions required by this title except as allowed by variance or under the provisions of subsection (C) of this section.

B. Yards – Setbacks. No portion of any building, or structure, over 18 inches above grade shall extend into a required yard, with the exception of the following:

1. Eaves may extend no more than 18 inches into a required yard area; and

2. Accessory buildings and structures may be located in the rear yard setback, as long as they are no closer than five feet from any property line.

3. Rear Yard. A principal structure may extend up to six feet into the rear setback; provided, that the extended structure is limited in width to 20 percent of the average lot width and is no higher than 12 feet.

C. Yard requirements may be reduced by the planning official up to 25 percent of the required dimensions if necessary for the reasonable use of the property and upon a showing of unusual circumstances because of topography, vegetation or irregular lot shape. (Ord. 1051 § 8 (Exh. H), 2019; Ord. 834, 2003; Ord. 771, 1999; Ord. 699, 1995; Ord. 696, 1995; Ord. 620, 1992; Ord. 617, 1992; Ord. 527, 1989)

18.22.040 Fences and hedges.

A. Natural evergreen screening is encouraged. Temporary fencing may be approved if erected simultaneously with permanent plantings.

B. No fence shall exceed 72 inches in height from the finished grade. Trellis and arbors over an entryway may not exceed a total height of eight feet and may not exceed 10 percent of lot width on each side of the lot up to a maximum of 12 feet in width on each side.

C. Fences are permitted in the street setback yard but shall be no higher than 42 inches from the finished grade. Trellis and arbors over an entryway may not exceed a total height of eight feet and shall not be closer to the street lot line than 10 feet or five feet to a side/rear lot line unless part of a fence enclosure.

D. At the intersection of two street setback areas, no structure, including trellis and arbors, fence or hedge, shall exceed 30 inches in height in the triangular area formed by 25 feet of each street lot line from the point of intersection, or center of the arc of the curve, and a line connecting the ends of these lines. (Ord. 798, 2001; Ord. 788, 2000; Ord. 571, 1990; Ord. 527, 1989)

18.22.045 View preservation.

Applications for permits for the construction of buildings and structures shall consider the impacts on the main vistas of adjacent properties in determining the height of the buildings and structures, the pitch of the roof, and the location of the buildings and structures on the lot(s). (Ord. 527, 1989)

18.22.050 Accessory buildings.

A. No accessory building shall be located in any street setback or side yard area. Accessory structures can be located in the rear yard setback; provided, that they are located no closer than five feet from the property line.

B. No accessory building shall have a gross floor area greater than 900 square feet; provided, that:

1. On lots greater than one acre in size, the maximum gross floor area is 1,200 square feet; and

2. On lots five acres or greater in size within the RS15000 zone, the maximum gross floor area is 5,000 square feet, subject to each of the following requirements:

a. Prior to the issuance of any building permit for an accessory building having a gross floor area greater than 1,200 square feet, a written covenant shall be executed by the owner(s) of the lot upon which accessory building is to be located, and recorded in the records of the Island County auditor. Such covenant shall legally describe an area within such lot, which is not greater than five acres in size, within which such accessory building and the principal building shall be located. Such covenant shall further provide that the size of the lot upon which such accessory building is to be located shall not be reduced to less than five acres for so long as that accessory building is situated on that lot. Such covenant shall further provide that the city may enforce the covenant on behalf of the public.

b. Design approval pursuant to Chapter 18.34 shall be required prior to the construction or substantial modification of any accessory building having a gross floor area greater than 1,200 square feet.

c. For the purposes of establishing lot area, submerged lands and all but 25 percent of sensitive areas do not qualify in making the calculation of lot area.

d. No more than two accessory buildings, which have gross floor areas greater than 1,200 square feet, may be constructed upon any lot, and both of said buildings shall be located within the five-acre area provided for in subsection (B)(2)(a) of this section.

e. An accessory building having a gross floor area greater than 1,200 square feet shall be subject to administrative review and approval pursuant to Section 18.36.025(B). (Amended during 2013 reformat; Ord. 834, 2003; Ord. 733, 1997; Ord. 620, 1992; Ord. 617, 1992; Ord. 527, 1989)

18.22.055 Water conservation.

All new construction shall have toilets, which flush no more than one and one-half gallons per flush, low-flow shower heads (no more than two gallons per minute), and no more than three gallons per minute flow on faucets. Connection to the city water system shall not be approved until proof of compliance with these requirements is furnished to the city. (Ord. 527, 1989)

18.22.060 Home occupations.

A. Intent.

1. Home occupations are accepted and encouraged as a welcome addition to the local economy of Langley; provided, that:

a. The home occupation’s impact on the residential character of its neighborhood is kept within limits stated in the following code; and

b. The home occupation complies with the city’s building, zoning, and other codes.

2. This intent shall govern the interpretation of this code.

B. Structure of the Home Occupation Code.

1. Classification of home occupations falls into three ordered types: Type I, low-impact, totally residence-contained occupations; Type II, some impact due primarily to customer/client visitation; and Type III, conditional use permit required.

2. The three types represent increasing levels of impact on the neighborhood. Occupations which do not clearly fall into a lower level of classification will use the rules of the next higher level.

C. Application Process.

1. Every owner and/or operator of a home occupation that meets the requirements for a business license (Chapter 5.04) must complete a home-occupation application and return that application and its fee to the planning official.

2. The planning official will inform the applicant within 14 days if the application is complete and if an inspection by the building official and/or the planning official is required and will make arrangements with the applicant for that inspection.

3. The building official will determine if the proposed application requires building permits for alterations, additions or changes in use of the residence or accessory structure. All home occupations require the approval of the building official.

4. If no inspection or additional permits are required and the application is otherwise complete the planning official will classify the home occupation as Type I and issue a home-occupation permit.

5. If an inspection is required, the planning official will determine the type based on the application and inspection, and follow the process appropriate to that type described later in this chapter.

D. Appeals.

1. A resident of a neighborhood who feels that a neighbor’s home occupation is affecting them inappropriately can bring their concerns to the planning official of the city for resolution according to this code and the procedures in Chapter 18.36.

2. Residents with home occupations not satisfied with the classification or resolution determined by the planning official may appeal according to the procedures in Chapter 18.36.

E. General Provisions.

1. All home occupations shall be conducted entirely within the principal residence and/or accessory buildings on the subject parcel;

2. The residential portion shall be occupied by the owner(s), operator(s) and/or employee(s) of the home occupation(s);

3. A maximum of 49 percent of the habitable floor area of the principal residence, as defined in Section 18.01.040, shall be used primarily for the home occupation(s);

4. Home occupation(s) may be located in an accessory building; provided, that the total square footage used primarily for the home occupation(s) in all buildings on the subject parcel not exceed a maximum of 49 percent of the habitable floor area of the principal residence;

5. The home occupation activity shall not generate noise, vibration, smoke, dust, odor, heat, glare, light, electrical interference, or externally visible signs of activity that exceed levels customarily associated with residential use;

6. There shall be no outside storage of materials;

7. Retail sales, unless conducted by mail order or through the Internet, shall be limited to items produced on site and shall be occasional and incidental to home occupation use;

8. One nonilluminated sign, not to exceed two square feet, is allowed for Types II and III, provided it is made of natural materials, is attached flush to the principal or accessory building in which the home occupation is located, and satisfies the provisions of Chapter 18.35;

9. Some businesses have both a home component and an offsite component. That portion of the business that occurs in the home must meet the home occupation guidelines;

10. The interior design and structure of the principal residential building shall be such that the whole building could easily be converted to purely residential use if the home occupation were to cease at that location;

11. The exterior appearance of the principal residential building and accessory structures shall be residential in character and consistent with the surrounding neighborhood;

12. All home occupations require a city of Langley business license (Chapter 5.04);

13. “Workers” include employees, contract workers, volunteers, and anyone who is more than incidentally involved in the business activity at the home occupation location.

F. Type I Provisions. The following provisions shall apply to all Type I home occupations in all zone districts:

1. No nonresident workers are permitted;

2. Regular customer/client meetings are not part of the home occupation;

3. There is no signage for the home occupation;

4. There is no limit to the number of Type I home occupations per residence; provided, that all, when considered as a total, meet the general provisions listed in subsections (E) and (F) of this section;

5. The average number of deliveries and collections to and from the home occupation address per week will not exceed three;

6. May be inspected by the building official prior to the commencement of business activities at the discretion of the building official and/or the planning official.

G. Type II Provisions. Type II occupations are those which have some impact on the neighborhood, primarily in the form of traffic increases. The following provisions shall apply to all Type II home occupations in all zone districts:

1. Businesses conducted one-on-one with clients or customers and generating traffic of not more than one client per hour. One off-street parking space for visitors and customers must be available during hours of operation;

2. Customer/client contact shall be limited to the hours between 8:00 a.m. and 9:00 p.m.;

3. No more than one worker who is not resident at the home occupation location shall work at any given time at the home occupation;

4. Deliveries and collections to and from the home occupation address shall be limited to two per day. Average daily vehicle trips (ADT) generated by the home occupation address shall be limited to 16;

5. Must be inspected by the building official prior to commencement of business activities.

H. Type III Home Occupations.

1. Home occupations that are not classifiable as Type I or Type II shall fall under Type III. For example, any home occupation with any of the following characteristics will be classified as Type III:

a. More than one nonresident worker works at any given time at the home occupation location. The number of workers a Type III home occupation may have is not limited except as may be necessary to meet building code occupancy requirements;

b. Generates more traffic than a Type II home occupation;

c. Include frequent instructional classes with between five and 10 participants.

2. Type III occupations require conditional use permit approval and administrative review by the planning official after six months of operation and annually thereafter to ensure compliance with the CUP conditions. The following provisions apply to Type III home occupations:

a. Up to two off-street parking spaces may be required in addition to those needed for residence. A parking plan shall be approved as part of the conditional use permit and routine on-street parking may be disallowed;

b. Deliveries and collections to and from the home occupation address shall be limited to two per day; average daily vehicle trips (ADT) generated by the home occupation address shall be limited to 20;

c. Must be inspected by the building official prior to commencement of business activities;

d. Type III home occupations may require review by the city’s design review board to ensure that the residential character of buildings and of the neighborhood is maintained;

e. Permits granted under the conditional use process are not transferable to another individual or to another location.

I. Businesses Not Permitted. Not all businesses are permitted as home occupations. The following businesses are examples of those not accepted as legitimate home occupations in residential zones under this section:

1. Automobile or heavy equipment repair services;

2. Businesses that require more than one service vehicle such as trucks, backhoes, cranes, bulldozers, and so forth;

3. Short- and long-term lodging facilities;

4. Group care facilities;

5. Medical, dental, and veterinary offices;

6. Rental of space for storage;

7. Restaurants;

8. Firearm sales and services;

9. Motorized tool and appliance repair. (Ord. 875, 2006; Ord. 771, 1999; Ord. 699, 1995; Ord. 696, 1995; Ord. 527, 1989)

18.22.065 Residential-zone offices.

A. To foster creative use of land and promote diversity of productive activity within the city, buildings designed for up to 100 percent commercial use may be allowed in proposed residential subdivisions that will exceed 25 lots. Such commercial structures must meet the following requirements:

1. The number of these commercial buildings shall not exceed 15 percent of the buildings in any new development;

2. The lots on which these commercial buildings will be placed must be identified as part of the subdivision proposal;

3. The buildings must be building-code compliant for their intended commercial use;

4. The design, structure, and placement of the building shall be such that the whole building could be converted to purely residential use;

5. The same setback, height, lot coverage, floor area, and other design requirements which apply to residential buildings in this zone shall also apply to these commercial structures;

6. The exterior appearance of the building must be consistent with the surrounding neighborhood.

B. The commercial use of all or part of such a building requires conditional use permit approval and administrative review by the planning official after six months of operation and annually thereafter to ensure compliance with the CUP conditions. The commercial use must meet the following requirements:

1. The building must be inspected by the building official prior to commencement of business activities;

2. The commercial use shall not generate noise, vibration, smoke, dust, odor, heat, glare, light, electrical interference, or externally visible signs of activity that exceed levels customarily associated with residential use;

3. There shall be no outside storage of materials;

4. Retail sales, unless conducted by mail order or through the Internet, shall be limited to items produced on site and shall be occasional and incidental to the commercial use;

5. Up to two off-street parking spaces may be required. A parking plan shall be approved as part of the conditional use permit;

6. Deliveries and collections to and from the business shall be limited to two per day. Average daily vehicle trips (ADT) generated by the business shall be limited to 20;

7. Permits granted under the conditional use process are not transferable to another business or to another location. (Ord. 875, 2006)

18.22.070 Short-term rentals – General.

A. The purpose of this chapter is to:

1. Provide an alternative form of tourist accommodation for visitors who prefer a residential setting;

2. Prevent unreasonable burdens on services and impacts on residential neighborhoods posed by short-term rentals;

3. Establish special regulation to ensure short-term rentals will be compatible with surrounding residential uses and will not act to harm and alter the neighborhoods in which they are located; and

4. Provide supplemental standards for short-term rentals in zoning districts where the use is permitted as a principal or accessory use.

B. Applicability. The provisions of this chapter shall apply to all new STRs that are approved after the date of adoption of the ordinance codified in this chapter.

C. Short-Term Rental Regulations. The following regulations shall apply to short-term rentals:

1. General.

a. No short-term rental shall operate without having obtained a short-term rental license pursuant to Chapter 5.40 and a business license in accordance with Chapter 5.04.

b. Guest rooms may be located in the principal dwelling unit and/or an accessory dwelling unit.

c. One guest room may accommodate a maximum of two adults and a maximum of two children under six years of age.

d. In residential zone districts, one nonilluminated sign not exceeding four square feet is permitted. In commercial zone districts, one nonilluminated sign not exceeding eight square feet is permitted.

e. A short-term rental in residential zone districts shall not change the residential character of the outside of a building, either by use of materials, signage, or lighting, except as provided in this code.

2. Health and Safety.

a. All short-term rentals shall comply with requirements of adopted building codes pursuant to Chapter 15.01 for smoke and carbon monoxide detectors and egress windows in all guest rooms. A functioning fire extinguisher with a minimum 2A-10BC rating located on a means of egress route, as approved by the building official, shall be maintained. The means of egress route shall be posted in each guest room in a readily visible location.

b. All guest rooms shall meet the building code requirement for a sleeping room at the time they were created or converted and shall be within a building approved for habitation by the building official.

c. Food service and/or the sale of food, if provided, shall comply with all laws, rules and regulations regarding food handling and shall comply with all the laws, rules and regulations as established by the Island County public health department.

d. For any short-term rental that is served by on-site septic, the maximum number of bedrooms that may be rented shall comply with the as-built septic permit on file with the Island County public health department.

3. Home Occupation Use. A Type I or II home occupation may be permitted on the same property as a hosted short-term rental.

4. Management.

a. A copy of the STR permit and license and all applicable rules and regulations shall be included with the STR rental contract and posted within the STR unit in a prominent place within 10 feet of the door.

b. For non-hosted STRs, an STR manager shall be available 24 hours per day, seven days per week, during all times that the property is rented or used on a transient basis. The STR manager must be available to respond to complaints and arrive at the STR site within 20 minutes at all times during the rental period.

5. Nuisance.

a. The use of a residential unit for a short-term rental shall not violate any applicable conditions, covenants, or other restrictions on real property.

b. Events or commercial functions are prohibited in any short-term rental in a residential zone district.

c. Small, informal noncommercial gatherings of family and friends of short-term rentals guests are permitted, provided the gatherings are not a disturbance to the surrounding neighborhood.

d. Short-term rentals located in or adjacent to a residential zone district shall not infringe upon the right of neighboring residents to reasonable peaceful occupancy of their homes.

e. Quiet time for short-term rentals is between 9:00 p.m. and 9:00 a.m. in a residential zone district as per Section 8.10.020(E).

f. Outside amplified sound shall not be allowed at any time associated with the short-term rental.

g. No outdoor fires are permitted.

6. Parking.

a. STR Types I and II shall provide one parking stall per guest bedroom in addition to the residential requirements as per Section 18.22.130.

b. The residential parking requirements for STR Type I located in duplex and multi-unit buildings are not required to be provided.

c. STR Types III and IV shall provide one parking stall for each of the first three guest bedrooms and one additional parking stall for four or more guest bedrooms.

7. STR Density.

a. If the dwelling unit is a duplex building only one short-term rental is permitted.

b. If the dwelling unit is located in a multi-unit building a maximum of 25 percent of units may be permitted as a short-term rental.

c. The maximum number of accessory dwelling units (ADU), attached or detached, used as short-term rentals shall be limited to 50.

d. The number of Type IV short-term rental licenses to be issued in one year is limited to 30.

8. Applications (initial and renewal) shall be made on forms provided by the city, which shall include the following at a minimum:

a. The property owner’s signature.

b. The STR manager’s signature.

c. The applicant’s signature.

d. The current city of Langley business license number.

e. For STR types I and III, a declaration that this is hosted short-term rental as defined in this chapter.

f. Contact for the owner or STR manager who is able to respond 24 hours a day, seven days a week, to any complaints. For non-hosted short-term rentals, the local contact must be within a 20-minute drive of the short-term rental.

g. The number of guest rooms.

h. A site plan showing required parking for residents and guests.

i. A floor plan showing guest rooms and the egress route.

j. Copies of Island County public health department approval, if food is served.

k. Copies of Island County public health department approval, if the dwelling unit is served by an on-site septic system.

l. Proof of a building inspection within five years of application. If the city has not inspected the building within five years or if documentation is not available, an inspection shall be required prior to issuance or renewal of a license. Where an inspection is not required, a life-safety self-assessment demonstrating compliance with the licensing requirements shall be submitted on forms provided by the city.

m. An application fee per the current fee resolution.

n. Links to online listing platform used for the short-term rental. For STRs which are not operating at the time of application, this information may be provided to the city after approval.

o. Supplemental information as may be required by the city to ensure the facility complies with applicable regulations and provides for public health, safety, and welfare.

D. Short-Term Rental Type I (Rooms).

1. Is a hosted short-term rental and the owner or STR manager shall reside on site when guests are present.

2. The number of guest rooms shall be limited to no more than two.

3. Is permitted as an accessory or secondary use in all residential zone districts.

4. Is approved by the planning official pursuant to Sections 5.40.040 and 18.36.025.

5. Short-term rental Type I licenses are not transferable except by inheritance.

E. Short-Term Rental Type II (B&B Inns).

1. STR Type II is hosted and the owner or STR manager shall reside on site when guests are present.

2. The number of guest rooms shall be limited to no more than six.

3. Is permitted as a principal (conditional) use in all residential zone districts and is permitted as a principal use in all commercial zone districts.

4. Is approved by the hearing examiner pursuant to Sections 5.40.040 and 18.37.070.

5. Short-term rental Type II licenses are transferable.

F. Short-Term Rental Type III (Commercial).

1. STR Type III may be hosted or non-hosted.

2. Is permitted as a principal use in the commercial zone districts.

3. In the CB and NB zones short-term rental use is not permitted on the first floor and/or street level of the building.

4. Is approved by the planning official pursuant to Sections 5.40.040 and 18.36.025.

5. Short-term rental Type III licenses are transferable.

G. Short-Term Rental Type IV (Limited).

1. STR Type IV is non-hosted.

2. Is permitted in a dwelling unit or ADU and the maximum number of guest rooms shall be limited to no more than five.

3. Is approved by the planning official pursuant to Sections 5.40.040 and 18.36.025.

4. The total number of Type IV licenses is limited as regulated in Section 5.40.030.

5. Short-term rental Type IV licenses are nontransferable.

6. The ownership of a Type IV short-term rental in residential zone districts is limited to no more than one per individual or household or one per business entity that has ownership of a residential unit. (Ord. 1058 § 9 (Exh. I), 2019)

18.22.080 Violation – Penalty.

A. Any person who operates a short-term rental in violation of this chapter or a condition of permit approval shall be guilty of a violation of this chapter for each day during which the business is so engaged in or carried on. Any person who fails or refuses to pay a fee required under this chapter on or before the due date shall be deemed to be operating a business without having obtained a license.

B. Any person guilty of a violation of this chapter shall be subject to a civil penalty not to exceed $500.00 per violation and/or suspension or revocation of an issued short-term rental license. Each day of violation shall be considered a separate offense.

C. Any person failing to obtain or maintain a currently valid permit and operating a short-term rental within the city is hereby declared a public nuisance pursuant to Chapter 8.12. Any remedy provided by this code with respect to a public nuisance is in addition to other remedies provided under this chapter or as may be allowed by law. (Ord. 1058 § 9 (Exh. I), 2019)

18.22.085 Tourist accommodations – Commercial.

Repealed by Ord. 1058. (Ord. 733, 1997)

18.22.090 Day care centers.

The following conditions apply to day care centers:

A. A maximum of 12 children are cared for in any 24-hour period; provided further, that the facility shall conform to the occupancy requirements of Chapter 8 of the Uniform Building Code as adopted by the city whenever more than six children are cared for at one time.

1. Outdoor play areas shall be provided with a minimum of 75 square feet in area for each child using the area at one time, and shall be screened to minimize visual and noise impacts and prevent trespassing on adjacent residentially classified properties;

2. Play equipment shall not be located closer than 20 feet to any property lines;

3. The hours of operation may be restricted to assure compatibility with surrounding development;

4. A minimum of two off-street parking spaces shall be required which shall not be located in the required yards.

B. When more than 12 children are to be cared for in any 24-hour period, the facility shall be subject to the following provisions:

1. A minimum site area of 7,200 square feet is required for 13 children, and an additional 400 square feet of site area is required for each additional child to be cared for;

2. The facility shall conform to the occupancy requirements of Chapter 8 of the Uniform Building Code as adopted by the city;

3. Direct access to a designated and developed arterial street shall be required;

4. A minimum of one off-street parking space for each 10 children cared for, plus one for each employee on duty shall be required, provided no parking shall be located within required yards;

5. Buildings, structures and landscaping shall be of a character which is appropriate for the area;

6. Outdoor play areas shall be provided with a minimum of 75 square feet in area for each child using the area at one time, and shall be screened to minimize visual and noise impacts and prevent trespassing on adjacent residentially classified properties;

7. Play equipment shall not be located closer than 20 feet to any property lines;

8. The hours of operation may be restricted to assure compatibility with surrounding development;

9. One sign not to exceed four square feet in area is permitted.

C. Loading/unloading area shall be provided on site to accommodate the safe pickup and delivery of children at the center. One loading/unloading space shall be provided for each 12 children. (Ord. 527, 1989)

18.22.095 Commercial development adjacent to single-family residential zoning districts.

A. Purpose. The special standards set forth below for commercial development adjacent to properties zoned single-family residential serve the following purposes:

1. In adopting these regulations, the city council finds that commercial establishments adjacent to residential neighborhoods and in particular those uses selling alcoholic beverages within the city of Langley may present problems that negatively affect adjacent residential neighborhoods.

2. Problems which can result include, but are not limited to, crime, littering, loitering, public intoxication, disturbance of the peace, discouragement of more desirable and needed commercial uses, and other similar problems connected primarily with the regular congregation of persons around establishments engaged in the sale of alcoholic beverages for consumption on the premises.

3. The city council further finds that the existence of such problems may create a serious and negative impact on the peace, health, safety and welfare of residents of nearby areas including the devaluation of property and negatively impacting the quality of life of adjacent residents.

4. These regulations are intended to ameliorate the types of problems identified above by restricting the location of establishments selling alcoholic beverages in relation to their adjacency to residential neighborhoods.

5. The conditional use permit process is a means to review the effects of establishments selling alcoholic beverages on adjacent residential uses on a case-by-case basis, and to prevent the undesirable impacts on the community stemming from such uses by the imposition of reasonable conditions upon the operation of such uses.

B. Special Standards.

1. Scope. These standards apply to all commercial development proposed adjacent to a single-family residential zoning district regardless of the underlying zoning district for the proposed commercial development.

2. Taverns, cocktail lounges and any establishment that is entirely restricted to those 21 and over are prohibited as a principal use. Age-restricted areas within licensed premises shall be allowed only as authorized below. Restaurants must meet food service requirements of the Washington State Liquor and Cannabis Board.

3. All premises licensed to sell alcohol for on-site consumption shall require a conditional use permit to establish, modify or expand the existing use. For hotels/motels/inns that contain a licensed premises, conditional use permit approval is only required to establish, modify or expand the licensed service area.

4. With a conditional use permit, an age-restricted lounge may be allowed as a secondary use within licensed premises. The size of the lounge shall be limited to 500 square feet of the customer service area (exclusive of service areas, but inclusive of the lounge area) for establishments that contain up to 2,500 square feet of customer service area. For establishments exceeding 2,500 square feet of customer service area, the lounge shall not exceed 25 percent of the customer service area. The principal use shall not be age-restricted at any time unless associated with a special events permit as authorized below and in compliance with the Washington State Liquor and Cannabis Board laws.

5. All licensed premises are subject to a 30-foot buffer from all property lines adjacent to a single-family residential zoning district, as measured from the common property line to the nearest point of the licensed premises (e.g., exterior wall, or any outside seating associated with the licensed premises) including all gross square footage associated with the establishment. The conditional use permit may include a requirement that the buffer area be landscaped to minimize adverse impacts on the adjacent residential area including impacts caused by changes in topography between the residential and commercial zones. Preexisting uses that do not meet the buffer distance requirement may expand with a conditional use permit; provided, that the expansion meets all applicable requirements including setback and buffer requirements and does not encroach further towards the common boundary with any single-family residential zoning district. The city may allow, with conditional use permit approval, minor expansions within the buffer that do not expand customer service areas. Such expansions may include kitchen, bathroom or storage space.

6. Live amplified music is prohibited without a special events permit issued by the city council. No exterior live amplified music shall be permitted. In order to obtain a special events permit, the applicant shall be required to demonstrate to the satisfaction of the city council reasonable temporary or permanent means used to attenuate noise impacts to adjacent residential properties. A maximum of 12 special live amplified music permits may be issued in a calendar year. Live music in a non-age restricted dining area shall require approval of the Washington State Liquor and Cannabis Board and a copy must be provided to the city prior to approval. Amplified live music associated with a special events permit shall cease at 10:00 p.m. Sunday through Thursday nights and 11:00 p.m. on Friday and Saturday nights. On New Year’s Eve, such amplified live music must cease by 1:00 a.m.

7. Setbacks. A standard setback of 15 feet is required from all single-family zoning district boundaries. The setbacks may be reduced to those required in the underlying zoning district with a conditional use permit and following approval of the design review board.

8. Location of Parking. Parking shall be located on the side of the property opposite from the residential zoning or in the rear of the property. If the parking is in the rear of the property, screening is required to buffer the parking area from the residential property.

9. Building Design. Building development shall be compatible in scale and character with the residential buildings in the vicinity. New or expanded buildings must include noise attenuation that addresses all potential noise impacts, including, but not limited to, live music. Outside seating should only be allowed on the side of a building opposite the residential zone.

10. Special Conditional Use Standards. In addition to the required conditional use permit findings set forth in LMC 18.28.044 the following findings must also be made as part of any conditional use permit approval under this section:

a. The establishment has adequately mitigated impacts through the design and operation of the licensed premises on the surrounding residential neighborhood including, but not limited to, screening, location of parking, design and locations of entrances and exits, design and location of outdoor seating and service areas, noise emanating from the establishment including building infrastructure, and other measures to minimize noise impacts from customers leaving the establishment. (Ord. 1036 § 1, 2017; Ord. 989 § 1, 2013)

18.22.100 Outside storage.

A. No outside storage, including garbage cans, firewood, construction materials, fuel or other tanks or any other materials not permanently affixed to the ground or buildings is permitted in any street setback area.

B. All outside storage shall be enclosed by a sight-obscuring screen at least 78 inches high measured from the nearest street grade elevation. Fences required herein shall be landscaped at the base for a minimum of 18 inches horizontally from any portion of the fence. Fences and hedges required for screening may exceed the limitations of other fences and hedges, but shall not exceed 96 inches in height; however, at street intersections, fences and hedges shall not obscure line of vision of intersecting traffic. (Ord. 527, 1989)

18.22.110 Vehicle parking.

A. All property owner passenger vehicles including pickup trucks shall be parked in a designated driveway, parking space, carport or garage.

B. No recreation vehicle, boat, trailer, inoperable or seldom-used vehicles shall be parked or stored in any street setback area. (Ord. 527, 1989)

18.22.115 Electric vehicle charging stations.

A. Where any other provisions of the Langley Municipal Code directly conflict with this section, this section shall control. Where no conflict exists, all other city code provisions shall be in force as to electric vehicle charging stations as applicable.

B. Level 1 and 2 electrical vehicle charging stations are allowed outright in all residential zones. Level 1 and 2 electrical vehicle charging stations are allowed in all commercial zones. Level 3 rapid charging stations are allowed outright in public use zone. Level 3 rapid charging stations are allowed in a commercial zone with the approval of an administratively approved conditional use permit.

C. An electronic vehicle charging station is a public or private parking space(s) that is served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electrical vehicle and is classified based on the following levels:

1. Level 1 is considered slow charging and operates on a 15- to 20-amp breaker on a 120-volt AC circuit.

2. Level 2 is considered medium charging and operates on a 40- to 100-amp breaker on a 208- or 240-volt AC circuit.

3. Level 3 is considered fast or rapid charging and operates on a 60-amp or higher breaker on a 480-volt or higher three phase circuit with special grounding equipment. Level 3 stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electrical vehicles.

D. Electric vehicle charging stations utilizing parking stalls located in parking lots or parking garages or on-street parking spaces shall comply with the following standards:

1. Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Directional signage may be provided to guide motorist to charging stations space(s); provided, that directional signs shall be consistent with MUTCD D9-11b and D9-11bP.

2. Accessibility. The design and location of the charging stations shall comply with the following barrier-free accessibility requirements:

a. Accessible charging stations shall be provided for 10 percent of the charging stations provided for new or expanded parking lots subject to these standards or when installed for on-street parking.

b. Accessible charging stations shall be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel.

c. Accessible charging stations shall comply with the requirements of WAC 51-50-005.

d. Electric vehicle charging stations are reserved for parking and charging electric vehicles only.

e. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

3. Lighting. Adequate site lighting shall be provided as required by Title 15.

4. Charging Station Equipment. Charging station equipment shall comply with the following standards:

a. Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street charging stations shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-of-way.

b. Charging station outlets and connectors shall be no less than 36 inches and no higher than 48 inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface.

c. Equipment shall be protected by wheel stops or concrete-filled bollards.

5. Notification. At all charging stations the following information shall be posted:

a. Voltage and amperage levels.

b. Hours of operation if time limits or tow away provisions are to be enforced by the property owner.

c. Usage fees.

d. Safety information.

e. Contact information for reporting when the equipment is not operating or other problems.

6. Required Facilities. Development of new multifamily housing projects or new or expanded parking facilities, public or private, exceeding 20 parking spaces shall be required to provide electric vehicle infrastructure.

7. Review Process.

a. New residential construction which proposes to include an electric vehicle charging station shall be reviewed with the underlying permits and is exempt from the requirements of this section.

b. Retrofitting of existing single-family residential structures shall only be subject to applicable electrical and/or building permits, and is exempt from this section.

c. Review of electrical vehicle charging station(s) associated with new commercial, multifamily, or mixed use development shall be through the underlying site plan review process identified in the Langley Municipal Code. In the case where the underlying development does not meet the threshold for site plan approval, as determined in accordance with the Langley Municipal Code, the development of the electrical vehicle charging station shall be reviewed with the underlying permit(s).

d. When retrofitting on-street public parking or a municipal parking lot, a commercial, multifamily, mixed use development or institutional use, the proponent shall provide to the city documentation on the new impacts associated with the electrical vehicle charging station. If the planning official determines that the new electrical vehicle charging station has an adverse impact on the public health, safety and welfare, then the retrofit shall require site plan approval. If there is no substantial impact to the public health, safety and welfare, the electric vehicle infrastructure shall be reviewed with the underlying electrical and/or building permit.

e. Minimum Parking Requirements. Electric vehicle charging stations located within parking lots may be included in the calculation of the minimum required parking spaces required pursuant to Section 18.22.130. (Ord. 967 § 2, 2012)

18.22.120 Barrier-free access.

All development shall comply with the Washington State Rules and Regulations for Barrier-Free Design, Chapter 51-10 WAC (5-8-85). (Ord. 527, 1989)

18.22.130 Parking requirements.

A. Applicability.

1. Parking as required by this title shall be provided when:

a. A new principal building is constructed;

b. A principal building is relocated;

c. The use or building is changed from one category to another within or among subsection (C) or (D) of this section; provided, that this provision is only applicable if the parking requirement for the proposed use is greater than the parking requirement for the prior use; the use(s) are expanded; or new uses are added; and

d. A building is expanded.

2. The circumstances under which parking is required as set forth in subsection (A)(1) of this section apply as follows:

a. To new developments or uses and not to those that have occurred prior to the adoption of this code section; and

b. Only one time to the same square footage unless there is a change in use that has a greater parking requirement. In this case, the parking requirements only apply to the difference between the two uses.

B. Maintenance of Space. All required parking spaces shall remain open and accessible for parking during the hours the use is open to the public or residents.

C. Residential Requirements.

1. Single-family dwellings shall have two spaces per dwelling unit;

2. Multiple Residential.

a. Duplexes and townhouses shall have two spaces per dwelling unit;

b. One-bedroom dwelling units shall have one and one-half spaces per dwelling unit;

c. Two or more bedroom dwelling units shall have two spaces per dwelling unit;

3. Boardinghouses shall have one space per bed;

4. Retirement, nursing and related housing, see Section 18.22.210 for parking requirements.

D. Commercial Uses.

1. Retail stores except as specified below, convenience stores, department stores, drug stores, grocery stores shall have one space per 600 square feet of floor space;

2. Furniture, appliance and hardware stores shall have one space per 600 square feet of floor space;

3. Personal service facilities shall have one space per 600 square feet of floor space;

4. Health care, veterinarian clinics and banks shall have one space per 400 square feet of floor space;

5. Offices shall have one space per 600 square feet of floor space;

6. Bowling alleys shall have two spaces per lane;

7. Commercial recreation facilities shall have one space per 600 square feet of floor space;

8. Car repair, commercial garage shall have one space per 400 square feet of floor space;

9. Service stations and automobile sales shall have one space per 800 square feet of lot area;

10. Restaurants, Taverns, and Cocktail Lounges.

a. If less than 4,000 square feet in floor area: one space per 400 square feet of floor area,

b. If over 4,000 square feet in floor area: 10 plus one space per 200 square feet in excess of 4,000 square feet;

11. Outdoor nurseries shall have one space per 1,000 square feet of outdoor retail area;

12. Motels, hotels shall have one space per room or unit;

13. Short-term rentals shall provide parking spaces as required in Section 18.22.070;

14. Building materials yards shall have one space per 1,000 square feet of storage area and one space per three employees;

15. Manufacturing and laboratories, contract printing, research, kennels shall have one space per 1,000 square feet of building or storage area plus one space per employee on the largest shift;

16. Mortuaries and funeral homes shall have one space per six fixed seats or one space per 60 square feet of assembly area, whichever is greater;

17. Self-storage warehouses shall have one space for each 10 storage units.

E. Community Facilities.

1. Theaters: one space per 10 seats;

2. Indoor places of public assembly, including churches, auditoriums: one space per six seats or one space per 60 feet of assembly area, whichever is greater;

3. Schools: one space per employee, plus one space for every eight seats in a main auditorium or similar assembly area; for high schools, additionally, one for each five students;

4. Museums and libraries: one space per 400 square feet;

5. Day care centers: one space for each 10 children or one space for each staff person, whichever is greater; one space for passenger loading/unloading for every 20 children;

6. Hospitals: one space for each two beds, plus one space per two full-time staff and one for each vehicle operated in conjunction with the facility;

7. Maintenance yard, municipal or utility: one space per two employees.

F. Uses Not Specified. Any use not listed above shall meet the requirements of the most similar use.

G. Handicapped Spaces. All retail commercial, offices, personal service, health care, community facilities, multifamily buildings with dwelling units for rent and other places of public accommodation which are subject to these parking regulations shall provide a minimum of one handicapped space and one additional handicapped space for every 50 spaces required.

H. Combination of Uses. On lots or in buildings with combined uses, the required number of parking spaces shall be the sum of the spaces required for each use reduced by 10 percent. Examples of combined uses are: a furniture store with a retail display area and an attached storage warehouse, a storage warehouse with attached office, a church with a parochial school, and so forth.

I. Mixed Hours of Use. If more than one use is made of a structure, the total requirements for off-street parking shall be the sum of the various uses’ requirements; provided, however, if the hours of use do not overlap, the requirements for the structure shall be that of the use or combination of uses which overlap, requiring the greater amount of parking.

J. Joint Facilities. In cases where there are uses in close proximity to each other that operate or are used at entirely different times of the day or week, joint parking facilities may satisfy the parking requirements of such uses if the parking facilities are within one-eighth of a mile from all uses being served and if the owners of the uses involved present a written agreement.

K. Off-Street Parking, Leased or Purchased. Leased parking spaces or land purchased for parking spaces may satisfy the parking requirements of this code if the leased or purchased spaces are within 800 feet of the uses being served and if the owner(s) of the uses involved present a written agreement.

L. Calculations.

1. Area, Square Feet. Unless otherwise specified, square feet refers to the gross building square footage, less the floor area dedicated to stairways and restrooms. In the case of outdoor areas, square feet refers to the gross outdoor eating area.

2. Fractions. When the total number of required spaces results in a fractional number of parking spaces, a full space shall be provided or payment of a fee-in-lieu fee shall be made in the amount resulting from multiplying the fraction (to two decimal points) times the fee-in-lieu fee.

M. Central Business District Parking Requirements.

1. Exemptions. The following uses within the central business district are exempt from the parking requirements:

a. The first 5,000 square feet of each nonresidential land use with the exception of:

(1) Hotels, motels, and short-term rentals;

(2) Marinas;

(3) Parking may be required as part of any conditional use permit to mitigate impacts on the surrounding neighborhood. The parking standards contained herein shall be used as a guide.

2. The planning official, or the hearings examiner for projects requiring review and approval from the hearings examiner, may issue a waiver from some or all of the parking requirements for any land use and development based on the criteria listed below. The city may require a peer review from a qualified parking expert at the applicant’s expense prior to the issue of a parking waiver. Any parking waiver shall be based on the following:

a. Site-specific land use and parking data.

b. Available public parking.

c. Off-site parking agreements.

d. National and regional parking research and standards such as those provided by the Institute of Traffic Engineers (ITE), the American Planning Association (APA) or similar organizations.

e. A shared use parking analysis that addresses the use and management of parking for multiple land uses that may result in a reduced parking requirement. (Ord. 1058 § 10 (Exh. J), 2019; Ord. 983 § 1, 2012; Ord. 957 § 18, 2011; Ord. 788, 2000; Ord. 771, 1999; Ord. 740, 1997; Ord. 733, 1997; Ord. 696, 1995; Ord. 657, 1993; Ord. 648, 1993; Ord. 640, 1993; Ord. 629, 1992; Ord. 579, 1990; Ord. 563, 1990)

18.22.140 Design and construction requirements – Parking.

A. Location. Parking spaces required for residential uses in the residential and commercial zones shall be provided on the same lot as the principal building or an abutting lot if this lot is owned by the same owner; provided, that provision is made for meeting the parking requirements on the lot with the principal residential structure. Front driveways shall extend a minimum of 24 feet from the edge of improvements in the right-of-way. Off-site parking for nonresidential uses shall be within one-eighth of a mile from the principal building or use being served.

B. Handicapped Spaces. All handicapped parking spaces shall be provided and designed in accordance with Chapter 51-10 WAC.

C. Dimensional Requirements. All parking spaces shall comply with the dimensional standards of Figure 18-1 on file in the office of the city clerk-treasurer. Up to 50 percent of all required spaces may be designated and clearly marked for compact cars.

D. Access. All parking facilities, except residential, shall have direct access to a street without backing onto the right-of-way.

E. Control Devices. A wheel stop shall be provided for each space which abuts a pedestrian walkway less than 10 feet wide or any structure. All structures shall be guarded with suitable control devices visible to the driver.

F. Landscaping. All parking facilities shall be landscaped by a fence, hedge or other suitable vegetation where bordering a public right-of-way or residential zone district. Additional landscaping may be required.

G. Maintenance. All parking facilities shall be maintained in a clean and litter-free condition. Landscaped areas shall be free of weeds and dead plant material. Plantings shall be thrifty and pruned if appropriate.

H. Commercial Vehicles. No commercial vehicle or combination of vehicle and trailer over 10,000 pounds total gross weight shall be parked on any lot in a residential zone.

I. Design Review. Parking facilities in the commercial zones are subject to design review per Chapter 18.34. (Ord. 983 § 1, 2012; Ord. 877 § 1, 2006; Ord. 788, 2000; Ord. 696, 1995; Ord. 527, 1989)

18.22.150 In-home family day care.

The following conditions apply to in-home family day care facilities:

A. Comply with all city building, fire, safety, and health codes and all business licensing requirements.

B. Conform to lot size, building size, setbacks and lot coverage standards applicable to the zone district.

C. Be certified by the State Department of Licensing as providing a safe passenger loading/unloading area.

D. Signage shall conform to the city sign regulations.

E. The hours of operation are subject to the determination of the planning official to ensure neighborhood compatibility, while also providing appropriate opportunity for persons who use family day care and who work a nonstandard work shift.

F. Provide a written statement that the immediately adjoining property owners have been informed of the intent to locate and maintain an in-home family day care facility at the applicant’s locale. This statement is to be submitted to the state licensing agency and the city before state licensing is approved. (Ord. 957 § 19, 2011; Ord. 687, 1994)

18.22.155 Accessory dwelling units.

A. Purpose. Accessory dwelling units are permitted in certain situations to:

1. Create new housing units while respecting the look and scale of single-family neighborhoods;

2. Support more efficient use of existing housing stock and infrastructure;

3. Offer environmentally friendly housing choices with less average space per person and smaller associated carbon footprints;

4. Create workforce housing;

5. Provide housing that responds to changing family needs, smaller households, and increasing housing costs;

6. Provide accessible housing for seniors and persons with disabilities; and

7. Implement the comprehensive plan.

B. Accessory Dwelling Units.

1. The following provisions apply to accessory dwelling units on RS zoned lots:

a. General.

(1) Accessory dwelling units may be created within or detached from the principal dwelling unit;

(2) May be established in either an existing or a new residence;

(3) Shall be not less than 150 nor more than 1,000 square feet in size;

(4) The total lot coverage requirement of the applicable zone may be exceeded by up to 15 percent if necessary to accommodate an ADU;

(5) If the ADU is included within or attached to the principal dwelling unit, only one entrance is allowed on the front of the principal residence unless more than one entrance on a front or street side existed as of March 1, 1995; additional entrances shall be on the sides or rear of the dwelling unit.

b. Utilities. Must be served by city water and sewer services, where available.

c. Density. Notwithstanding subsection (B)(1)(b) of this section the following is permitted:

Table 1 – Density

For the purpose of this section accessory dwelling units include tiny homes as an ADU.
Lot with SFD on sewer	Lot with duplex on sewer	Lot with SFD on septic	Lot with duplex on septic
One attached and one detached ADU	One detached ADU	One attached or one detached ADU	No ADUs
Maximum two ADUs	Maximum one ADU	Maximum one ADU

d. Parking.

(1) Where there are two accessory dwelling units one off-street parking space is required in addition to the spaces required for the principal or other approved uses on the property.

e. Height.

(1) The maximum height for a detached accessory dwelling unit is 15 feet.

(2) The height of accessory structures that include an accessory dwelling unit on the second floor may be built to a height of 24 feet or 80 percent of the height of the principal structure, whichever is greater.

f. Setbacks. The following setback requirements shall apply to detached accessory dwelling units:

(1) Street or front: 20 feet;

(2) Side yard: five feet on each side;

(3) Rear yard: five feet for lots located in the RS5000 and RS7200 zone districts and 10 feet for lots located in the RS15000 zone district;

(4) In addition to subsection (B)(1)(f)(1) of this section, an accessory dwelling unit shall be set back from the front facade of the principal dwelling unit one foot for every foot of height above 15 feet; and an ADU shall be set back one foot from the front facade of the principal dwelling unit for every foot of height above the principal dwelling unit;

(5) Where the principal residence is located more than 25 feet from the front lot line an accessory dwelling unit may be located in front of the principal residence but must be a minimum of 10 feet from the front or street lot line provided the front door does not face the street.

g. Design. The entrance to the accessory dwelling unit shall not face the nearest side lot line or rear lot line, unless there is an alley abutting on that side of the lot.

h. Access.

(1) Where there is an alley, and where possible, parking shall be accessed from the alley.

(2) Driveway access must be shared by both the principal residence and accessory dwelling unit(s), where possible.

C. Tiny Home.

1. The following provisions apply to a tiny home(s) as an accessory dwelling unit on RS zoned lots:

a. Building Code. A tiny home must be built according to the following building code standards:

(1) Tiny homes shall comply with the IRC and all development standards for a single-family dwelling unit, except as modified herein.

(2) Habitable rooms shall meet minimum area requirements of the IRC and the LMC.

(3) Shall be supported and anchored to a permanent foundation.

(4) Shall include permanent provisions for living, sleeping, eating, kitchen and sanitation (water closet, lavatory, and a bathtub or shower) in accordance with the IRC and the LMC.

(5) Shall meet ingress/egress requirements of the IRC and the LMC.

b. Utilities. A tiny home must be served by city sewer and water, where available.

c. Density.

(1) Notwithstanding subsection (C)(1)(b) of this section the following is permitted:

Table 2
Lot with SFD on sewer	Lot with duplex on sewer	Lot with SFD on septic	Lot with duplex on septic
One attached and one detached ADU	One detached ADU	One attached or one detached ADU	No ADUs or tiny homes
Maximum two tiny homes or ADUs	Maximum one tiny home or ADU	Maximum one tiny home or ADU

d. Lot coverage. An additional 15 percent lot coverage is permitted for a tiny house on a lot with an existing single-family or two-family (duplex) dwelling.

e. Setbacks. A tiny home must be set back a minimum of:

(1) Five feet behind the front facade of the principal residence. Except where the principal residence is located more than 25 feet from the front lot line the tiny home may be located in front of the principal residence but must be a minimum of 10 feet from the front or street lot line provided the front door does not face the street.

(2) Side yard: five feet.

(3) Rear yard: five feet.

f. Height. A maximum height of 15 feet.

g. Parking. One off-street parking space is required for two tiny homes in addition to the parking spaces required for the principal or other approved uses on the property.

h. Access.

(1) Where there is an alley, and where possible, parking shall be accessed from the alley.

(2) Driveway access must be shared by both the principal residence and tiny homes, where possible.

i. Design. The entrance to the tiny home shall not face the nearest side lot line or rear lot line, unless there is an alley abutting on that side of the lot.

D. Preexisting Accessory Dwelling Units – Conditions for Legalizing Preexisting Accessory Dwelling Units. An accessory dwelling unit that existed January 22, 2019, may be legally established and may continue to be used as an accessory dwelling unit if the following conditions are met:

1. The property owner files an application for the accessory dwelling unit. The administrator may waive the size limitations if the reduction of the floor area required to bring the preexisting unit into compliance is impractical to achieve.

2. Prior to issuance of a permit, the property owner allows inspection of the accessory dwelling unit by the city to ensure the minimum requirements of this chapter relating to fire, life safety, and public health are met, as determined by the director. All improvements necessary to bring the preexisting accessory dwelling unit into compliance with applicable fire, life safety, and public health requirements shall be identified and made within 30 days of permit issuance and prior to the issuance of the certificate of occupancy.

3. Prior to issuance of a permit, the property owner shall complete and record an affidavit.

E. Amnesty Period. Any existing illegal ADU will not be subject to enforcement action if an application to legalize the ADU is submitted with 24 months of the adoption of these regulations. During this 24-month period the ADU permit fee for the administrative review, as per Section 18.36.025, will be waived. Building permit fees will still be required. (Ord. 1051 § 9 (Exh. I), 2019; Ord. 965 § 1, 2012; Ord. 696, 1995)

18.22.160 Essential public facilities.

A. Application Submittal Requirements. In addition to the application submittal requirements specified in other chapters and codes, applicants for essential public facilities shall address each of the review criteria of this chapter in their application materials and provide additional information as required to complete review of the project.

B. Review Criteria.

1. In reviewing an application for a proposed essential public facility, the following shall be considered:

a. Interjurisdictional Analysis. A review to determine the extent to which an interjurisdictional approach may be appropriate, including consideration of possible alternative sites for the facility in other jurisdictions and an analysis of the extent to which the proposed facility is of a county-wide or state-wide nature, and whether uniformity among jurisdictions should be considered.

b. Financial Analysis. A review to determine if the financial impact upon the city can be reduced or avoided by intergovernmental agreement.

c. Special Purpose Districts. When the public facility is being proposed by special purpose district, the city should consider the facility in the context of the district’s overall plan and the extent to which the plan and facility are consistent with the city comprehensive plan.

d. Measures to Facilitate Siting. The factors that make a particular facility difficult to site should be considered when a facility is proposed, and measures should be taken to facilitate siting of the facility in light of those factors (such as availability of land, access to transportation, compatibility with neighboring uses, and the impact on the physical environment).

2. If attaching conditions to the permit approval will facilitate project siting in light of the considerations identified above, conditions may be established for that purpose. (Ord. 699, 1995)

18.22.165 Adult family home.

The following requirements apply to adult family home facilities:

A. An adult family home provider is a person who is licensed by the state of Washington to operate an adult family home. The provider shall reside at the adult family home unless an exception is authorized by the State Department of Social and Health Services (DSHS) for good cause. A provider shall not be licensed for more than one adult family home unless an exception is authorized by the DSHS for good cause.

B. For the purposes of this section, an adult is a person 18 years of age or older.

C. Each adult family home shall meet all applicable local licensing, zoning, building and housing codes and state and local fire safety regulations. It is the responsibility of the provider to meet local codes. (Ord. 703, 1995)

18.22.170 Comprehensive plan/concurrency and consistency required.

All new developments within the city must be consistent with the provisions of the comprehensive plan, including but not limited to the following:

A. All developments within the city shall be consistent with the land use map as adopted in the land use element of the comprehensive plan.

B. All developments within the city shall be consistent with the applicable goals and policies of the comprehensive plan.

C. Developments shall not cause a reduction in the level of service for transportation and/or neighborhood park facilities below the minimum standards established within the capital facilities plan, unless improvements or strategies to accommodate the impacts of the development are made concurrent with the development.

For the purpose of this section, “concurrent with the development” is defined as the required improvements or strategies are in place at the time of occupancy, or that a financial commitment is in place to complete the improvements or strategies within six years. (Ord. 703, 1995)

18.22.180 Cottage housing.

The following regulations apply to cottage housing developments (CHDs):

A. Density and Minimum Lot Area.

1. In CHDs the permitted density shall be one dwelling unit per two 2,904 square feet of lot area (15 units per acre).

2. The minimum lot area for a CHD shall be 11,616 square feet.

3. On a lot to be used for a CHD, an existing detached single-family residential or duplex structure, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased.

B. Height Limit and Roof Pitch.

1. The height limit permitted for structures in CHDs shall be 18 feet.

2. The ridge of pitched roofs with a minimum slope of six to 12 may extend up to 25 feet. All parts of the roof above 18 feet shall be pitched.

C. Lot Coverage and Floor Area.

1. The maximum lot coverage permitted for principal and accessory structures in CHD shall not exceed 40 percent.

2. The maximum first floor or main floor area for an individual principal structure in a CHD shall be as follows:

a. For at least 50 percent of the units, floor area shall not exceed 650 square feet;

b. For no more than 50 percent of the units, the floor area may be up to 800 square feet.

3. The total floor area of each cottage shall not exceed either one and one-half times the area of the main level or 975 square feet, whichever is less.

D. Yards.

1. Front Yards. The front yard shall be an average of 10 feet and at no point shall be less than five feet.

2. Rear Yards. The minimum rear yard shall be 10 feet.

3. Side Yards. The minimum required side yard shall be five feet.

E. Required Open Space.

1. A minimum of 400 square feet per unit of common open space is required.

2. At least 50 percent of the cottage unit shall abut the common open space, all of the cottage units shall be within 60 feet walking distance of the common open space, and the common open space shall have cottages abutting at least two sides.

F. Parking.

1. One and one-quarter spaces per dwelling unit shall be required.

2. Location.

a. Parking shall be on the CHD property.

b. Parking may be in or under a structure or outside a structure; provided, that:

(1) The parking is screened from direct street view by one or more street facades, by garage doors, or by a fence and landscaping.

(2) Parking between structures is only allowed when it is located toward the rear of the principal structure and is served by an alley or private driveway.

(3) Parking may not be located in the front yard.

(4) Parking may be located between any structure and the rear lot line of the lot or between any structure and a side lot line, which is not a street side lot line.

G. Design Review. Cottage housing developments are subject to design review per the requirements set forth in Chapter 18.34.

H. Zoning Districts. Cottage housing developments are only permitted in the residential zoning districts. (Ord. 1004 § 4 (Exh. E), 2014; Ord. 788, 2000; Ord. 771, 1999; Ord. 733, 1997; Ord. 699, 1995)

18.22.190 Wireless communications facilities.

Repealed by Ord. 1096. (Ord. 754, 1997)

18.22.200 Clustered residential development (CRD).

The following provisions apply to clustered residential development:

A. The minimum lot area shall be 20,000 square feet.

B. Density: 150 percent of the base density for the zone district in which the property is located; provided, that all development standards are satisfied.

C. Balance of site (other than individual lots) shall be in a common ownership tract(s).

D. Habitable space (greater than five feet in height) on each lot is limited as follows:

1. Total square footage in the principal building: 1,400 square feet.

2. No more than 50 percent of the principal buildings may have more than 800 square feet on the first or main level. All other units are limited to 800 square feet on the first or main level.

E. Lots must abut usable, landscaped common area of at least 15 percent of the total site area.

F. An open porch of at least 96 square feet facing onto the common open space or public street.

G. Setbacks.

1. Site Perimeter.

a. Site perimeter abutting a public street: 20 feet, except an unenclosed porch or deck may extend eight feet into this setback for up to 40 percent of the average width of a dwelling adjacent to the public street.

b. Remainder of Perimeter. The setbacks shall be as follows: no more than 50 percent of the perimeter area: 10 feet; and for the balance of the perimeter the setback shall be 20 feet.

2. Internal. Five feet; provided, that the perimeter setback still applies if a lot abuts a perimeter lot line.

H. Repealed by Ord. 1051.

I. Parking: two spaces per lot are required; may be on the lot or on common tract which is screened from the street; one-third of lots may have parking that backs onto a noncollector public street.

J. CRDs will be processed through the regular plat process or the binding site plan process procedures set forth in Chapter 18.36.

K. Served by public sewer.

L. Subject to the city’s design review requirements for overall CRD site, including common buildings, landscaping, lighting, etc. Individual residential units are not subject to design review.

M. Maximum Lot Coverage.

1. Total project site: 50 percent.

2. Individual lots: 60 percent.

N. CRDs are subject to conditional use permit approval in all single-family residential zones. (Ord. 1051 § 12 (Exh. L), 2019; Ord. 771, 1999)

18.22.210 Retirement living facilities, nursing or convalescent facilities, and congregate care facilities.

The following regulations apply:

A. All buildings and structures shall conform to the setbacks of the underlying zone;

B. The accommodations and numbers of persons cared for, and all provisions for health and sanitation, conform to state regulations pertaining thereto;

C. The amount of off-street parking required:

1. For retirement facilities (independent living), shall not be less than two parking spaces per unit, plus one for each day shift employee;

2. For nursing or convalescent facilities and assisted living facilities, shall not be less than one parking space for each day shift employee;

3. For congregate care facilities (common living, meals and services), shall not be less than one parking space per every two rooms, plus one parking space per each day shift employee;

D. The minimum lot area per unit shall be one-half that established for the zoning classification of the site. (Ord. 778, 2000)

18.22.220 Condominium binding site plan.

All condominium projects, regardless of the zone in which they are located, must file a binding site plan with the city for review and approval. The binding site plan shall include the following:

A. All information required on a preliminary long plat;

B. The location of all existing/proposed structures;

C. A detailed landscape plan indicating the location of existing vegetation to be retained, location of vegetation and landscaping structures to be installed, the type of vegetation by common horticultural name, and the installed and mature height of all vegetation;

D. Schematic plans and elevations of existing/proposed buildings with samples of all exterior finish material and colors, the type and location of all exterior lighting, signs and accessory structures;

E. Inscriptions or attachments setting forth the limitations and conditions of development;

F. The provisions ensuring the development will be in conformance with the site plan as approved; and

G. Demonstrate compliance with the requirements of Chapter 64.34 RCW, Condominium Act. (Ord. 778, 2000)

18.22.230 Design guidelines for townhouse units.

The purpose of these design guidelines is to encourage good design and site planning and to ensure that attached dwelling development is sensitive to the character of other development in the surrounding area.

The guidelines are meant to indicate preferred conditions while allowing for other equal or better solutions to be considered. They are to be applied with an attitude of flexibility, recognizing that each development site and project will have particular characteristics that may suggest that some guidelines be emphasized and others de-emphasized.

A. Maintain Major Vegetation. The intent is to soften new, more intensive-appearing development by preserving significant trees on the site. Some portion of the trees should be used, if possible, to break the appearance of buildings and parking.

B. Screen Surface Parking. The intent is to provide a transition between more intensive-appearing development and detached single-family residential development. Where surface parking lots would be adjacent to single-family zone districts, there should be a planting strip on an average of 15 feet in width containing a full landscape screen. Walking paths are allowed as part of the landscaping.

C. Reducing the Visual Impact of Townhouse Development. The intent is to modulate development so that it is compatible with the surrounding area (See Chapter 18.25, Performance Standards – Multifamily).

D. Pedestrian Connections and Open Space. The intent is to provide residents of the development access throughout the development and connection to existing or potential offsite public access or access to which the public is entitled.

E. Building Design. The intent is to ensure that buildings are compatible with forms typically associated with single-family detached structures. All buildings, including accessory structures, should incorporate pitched roofs.

F. Concealing Garages. The intent is to minimize the visual impact of garages. Where feasible, garages should be arranged so that they do not face directly upon the street or principal access to the development. (Ord. 834, 2003)

18.22.240 Temporary housing.

Temporary housing to be used during construction of a residence may be authorized pursuant to the following:

A. Permit Issuance. The mayor or his designee may authorize the issuance of a temporary permit to place and occupy a mobile structure during construction of a residence. Such permit shall be issued for periods of 120 days and shall be issued only where the proposed location, parking and uses of the structure will comply with the regulations of the city, laws of the state and the rules and regulations of the Island County health department relating to sewage disposal, if sewer connection is not feasible.

B. Permit Extensions. At the end of 120 days a person holding a temporary housing permit may apply for an extension thereof and the mayor or his designee may authorize the extension if the applicant is proceeding with reasonable diligence in the construction of the residence and all other requirements for location and occupation of the temporary structure have been met. (Ord. 834, 2003)

18.22.250 Green building standards – Purpose.

Sections 18.22.250 through 18.22.270 are established to promote clean energy production by citizens and businesses; ensure that green building systems are compatible with the principal structure and development on adjacent properties; provide options to traditional energy use; and promote reduction of energy use within the city. (Ord. 1045 § 3, 2018)

18.22.255 Green building standards – Setbacks.

A. Ground-mounted small wind energy systems may be located in any setback, provided they are located a minimum of 13 feet from all lot lines and residential buildings or one-half the setback distance, whichever is greater.

B. Ground-mounted solar collectors shall meet setback requirements for the front and side yards for accessory structures in the zone district in which they are located and may be located in the rear yard, provided they are located a minimum of one-half the setback distance.

C. Green walls can project into a building setback by two feet.

D. Rainwater collecting structures, equipment and apparatus, including rain barrels and cisterns, that do not require a building permit may be sited within the required building setbacks.

E. Where exterior wall thickness is in excess of 6.5 inches, provided that the wall thickness is utilized for the provision of insulating materials and/or protection against wind, water and vapor, the minimum distance to an abutting lot line as permitted elsewhere in the code may be reduced by 10 inches. (Ord. 1045 § 3, 2018)

18.22.260 Green building standards – Height.

A. Solar collectors may exceed the maximum height regulations in this code to a maximum of four feet:

1. Provided that the installation does not shade an existing solar collector or properties on January 21st, at noon, any more than would a structure built to the maximum permitted elsewhere in this code;

2. Projects no greater than four feet above a flat roof; and

3. Projects no greater than one foot above a pitched roof.

B. Green roofs may exceed the maximum height regulations in this code to a maximum of 1.5 feet, provided the installation is limited to a depth of 1.5 feet.

C. Small wind energy systems may exceed twice the maximum height permitted for the zone district in which it is located.

D. Where ceiling height is in excess of 6.5 inches, provided that the additional ceiling height is utilized for the provision of insulating materials and/or protection against wind, water and vapor, ceiling height may be increased by 10 inches. (Ord. 1045 § 3, 2018)

18.22.265 Green building standards – Solar access.

To protect solar access for properties to the north, rooftop features on any building 30 feet in height shall be located at least 10 feet from the north edge of the roof, or shadow diagrams shall be provided to demonstrate that the proposed location of such rooftop features would shade property to the north on January 21st at noon no more than would a structure built to maximum permitted bulk. (Ord. 1045 § 3, 2018)

18.22.270 Green building standards – Maximum lot coverage.

Ground-mounted solar collectors are excluded from lot coverage calculations. (Ord. 1045 § 3, 2018)

18.22.280 Boardinghouse.

A. Purpose. Boardinghouses are permitted in certain situations to:

1. Create new housing units while respecting the look and scale of single-family neighborhoods;

2. Support more efficient use of existing housing stock and infrastructure;

3. Offer environmentally friendly housing choices with less average space per person and smaller associated carbon footprints;

4. Create workforce housing; and

5. Provide housing that responds to changing family needs, smaller households, and increasing housing costs.

B. Conditions of Use. A boardinghouse:

1. Is permitted in detached single-family dwelling units only;

2. Is permitted for long-term rentals only (more than 30 days);

3. All rooms offered for rent shall be legally established bedrooms;

4. The maximum number of adults over the age of 16 permitted to reside in one bedroom is two;

5. On-site parking spaces are required in a quantity equal to the number of rented bedrooms;

6. Cooking facilities shall not be located in individual bedrooms and shall be shared;

7. Shall be in conformance with the IRC and all other applicable regulations; and

8. Approval of this use shall be subject to administrative review and notice requirements pursuant to Section 18.36.025. (Ord. 1051 § 10 (Exh. J), 2019)

18.22.290 Tiny home (multifamily).

A. Purpose.

To allow for the creation of a cluster of tiny homes surrounding common open space or a common building or a combination thereof.

To facilitate infill development that is compatible with surrounding single-family dwelling units.

To enable an alternative type of clustered housing with a small footprint.

B. Density and Minimum Lot Area.

1. One tiny home per 1,200 square feet.

2. The minimum lot area for a tiny home multifamily unit development is 5,000 square feet.

C. Number of Units.

1. The minimum number of dwelling units is three tiny homes.

2. The maximum number of dwelling units is 12 tiny homes.

D. Setbacks.

1. Front yard: shall be an average of 10 feet and at no point shall it be less than five feet.

2. Rear yard: The minimum rear yard shall be 10 feet.

3. Side yard: The minimum side yard shall be five feet.

4. Separation between tiny homes: The minimum separation between units shall be six feet.

E. Lot Coverage.

1. The maximum lot coverage is 50 percent.

2. Notwithstanding subsection (E)(1) of this section, an additional five percent lot coverage is permitted for community buildings.

F. Open Space.

1. A minimum of 100 square feet of common open space per unit is required.

2. The common open space area shall include usable spaces such as lawn, gardens, patios, plazas or scenic viewing area. Common tables, chairs and benches are encouraged, with all homes having access to them.

3. Fifty percent of units must have their main entry on the common open space.

4. All units must be within 10 feet of each common open space(s).

5. The common open space must be located centrally to the development. Passive trails are allowed and may count towards the common open space requirement.

6. Common open space shall have tiny homes abutting at least on two sides.

7. Community buildings or clubhouses are not counted towards the common open space calculation. An additional lot coverage of five percent is permitted for community buildings.

8. Common open space shall be located outside of stormwater/detention ponds, wetlands, streams, lakes, and critical area buffers, and cannot be located on slopes greater than 10 percent.

9. Space used for setbacks, drive aisles and parking shall not be included in the calculation for common open space.

G. Parking.

1. One parking stall per tiny home is required.

2. For a development with six or more tiny homes the parking ratio shall be 1:6 for visitor parking.

3. Where there is an alley, and where possible, parking shall be accessed from the alley.

H. Utilities.

1. Tiny home (multifamily) must be connected to sewer and water.

2. One sewer and water connection may be permitted for a total of 12 tiny homes provided the tiny homes are permanently affordable pursuant to Chapter 18.04.

I. Other.

1. Tiny homes are not permitted to be used as tourist accommodation (commercial), short-term rental, bed and breakfast room (commercial or residential) or the equivalent.

2. Open space shall be maintained in accordance with city-approved plans.

3. Requires site plan review pursuant to Chapter 18.27 and design review pursuant to Chapter 18.34. (Ord. 1051 § 11 (Exh. K), 2019)