Chapter 18.16
MFH MULTIFAMILY HIGH DENSITY RESIDENTIAL ZONE DISTRICT
Sections:
18.16.050 Development standards.
18.16.070 Screening and buffering requirements.
18.16.010 Intent.
The intent of the multifamily high density residential (MFH) zone district is to:
A. Provide for a high standard of development for multifamily residential areas of high density;
B. Provide designated areas in which a minimum net density of fourteen units per acre and a maximum net density of twenty-nine units per acre apply to promote the efficient use of land and promote mass transit opportunities;
C. Guide high density residential development in such a manner as to encourage and plan for the availability of public services and community facilities such as utilities, police and fire protection, streets, public transit, schools, parks and recreation;
D. Encourage development of attractive residential areas that provide a sense of community and establish a pedestrian-friendly atmosphere;
E. Ensure that development without municipal utilities is at a density and in a configuration that enables cost effective urban density in-fill development when municipal utilities become available.
(Ord. O95-035, Added, 12/19/1995)
18.16.020 Permitted uses.
Permitted uses in the MFH district are as follows:
A. Triplexes;
B. Fourplexes;
C. Multifamily dwellings;
D. Parks, trails, open space areas, and recreational facilities;
E. Support facilities;
F. Planned unit developments;
G. Family child care home; child mini-day care center, subject to TMC Chapter 18.52;
H. Adult family homes, residential care facilities;
I. Senior housing facilities, independent;
J. Any combination of the permitted uses listed in this section may be combined on one site, in accordance with the provisions of TMC 18.16.050;
K. Attached wireless communication facilities, except that it is prohibited to attach a nonaccessory wireless communication antenna on a single-family or two-family dwelling;*
L. Townhouses and rowhouses;
M. Community gardens;
N. Wildlife refuges and forest preserves;
O. Permanent supportive housing, subject to TMC 18.42.150;
P. Transitional housing, subject to TMC 18.42.150.
*Wireless communication facilities are subject to Federal Aviation Administration (FAA) standards and approval, and furthermore are subject to provisions for wireless communication facilities in TMC Chapter 11.20, Wireless Communication Facilities.
(Ord. O2022-006, Amended, 08/01/2022; Ord. O2021-019, Amended, 01/18/2022; Ord. O2020-005, Amended, 03/16/2021; Ord. O2018-025, Amended, 12/18/2018; Ord. O2017-006, Amended, 07/18/2017; Ord. O2010-029, Amended, 06/07/2011; Ord. O2011-002, Amended, 03/01/2011; Ord. O2010-005, Amended, 09/07/2010; Ord. O98-001, Amended, 09/15/1998; Ord. O97-019, Amended, 06/17/1997; Ord. O95-035, Added, 12/19/1995)
18.16.030 Accessory uses.
Accessory uses in the MFH district are as follows:
A. Storage sheds, toolsheds, greenhouses;
B. Private parking garages or carports;
C. Home occupations, as approved by the director of community development;
D. Noncommercial recreational structures, which could include but are not limited to swimming pools and recreational ball courts;
E. Energy systems;
F. Accessory dwelling unit, in accordance with the provisions of TMC 18.42.010, where there is an existing single-family dwelling unit, which was legally established prior to January 1, 1996;
G. Boardinghouses and roominghouses;
H. Neighborhood community center;
I. Accessory wireless communication antenna;*
J. Electric vehicle infrastructure;
K. Supportive housing facilities such as emergency housing, emergency shelters, permanent supportive housing, and transitional housing are permitted as an accessory use only as part of a permitted church use. Such supportive housing facilities shall not exceed twenty percent of the total building square footage of a church use and are subject to the requirements of TMC 18.42.150.
*Emergency communication towers and antennas and wireless communication facilities are subject to Federal Aviation Administration (FAA) standards and approval, and furthermore both uses are subject to provisions for wireless communication facilities in TMC Chapter 11.20, Wireless Communication Facilities.
(Ord. O2021-019, Amended, 01/18/2022; Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2010-015, Amended, 09/07/2010; Ord. O97-019, Amended, 06/17/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)
18.16.040 Conditional uses.
Conditional uses in the MFH zone district are as follows:
A. Churches;
B. Wireless communication towers;*
C. Cemeteries;
D. Child day care center;
E. Schools;
F. Neighborhood community center as a primary use;
G. Neighborhood-oriented commercial center;
H. Private clubs and lodges;
I. Medical clinics or hospitals;
J. The following essential public facilities:
1. Emergency communications towers and antennas;*
2. Mental health facilities (including but not limited to congregate care facilities; adult residential treatment facilities; evaluation and treatment centers);
3. Inpatient facilities including substance abuse facilities (including but not limited to: intensive inpatient facilities; long-term residential drug treatment facilities; recovery house facilities);
K. Group foster homes;
L. Senior housing facilities, assisted;
M. Temporary expansions of schools, such as portable classrooms.
*Emergency communication towers and antennas and wireless communication facilities are subject to Federal Aviation Administration (FAA) standards and approval, and furthermore both uses are subject to provisions for wireless communication facilities in TMC Chapter 11.20, Wireless Communication Facilities.
(Ord. O2020-005, Amended, 03/16/2021; Ord. O2018-025, Amended, 12/18/2018; Ord. O2017-006, Amended, 07/18/2017; Ord. O98-001, Amended, 09/15/1998; Ord. O97-019, Amended, 06/17/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)
18.16.050 Development standards.
Development in the MFH zone district must meet the following requirements:
A. Site Area. All residential developments must meet the following density requirements:
1. Minimum: fourteen dwelling units per acre;
2. Maximum: twenty-nine dwelling units per acre, except that any density greater than twenty-five dwelling units per acre shall be obtained only by purchase of transfer of development rights in accordance with TMC Chapter 18.57. Note: Projects that provide two permanently affordable housing units in the MFH zone district would be allowed an increase of one additional dwelling unit on top of the maximum current density with a transfer of development rights up to a maximum increase in density of ten dwelling units per acre. This would create a new maximum density of thirty-nine dwelling units per acre in the MFH zone district. Projects providing permanently affordable housing units by this method would have to be part of a new multifamily housing project that provides ten or more dwelling units and meet the requirements of TMC 18.42.140.
B. Density Calculation. The calculation of the density requirements in subsection A of this section is based on the portion of the site devoted to residential and associated uses (e.g., dwelling units; private community clubs; open space; stormwater detention, treatment and infiltration). The following land is excluded from density calculations:
1. Land that is required to be set aside for public use as open space, right-of-way, or land on which development is prohibited by TMC Title 16, Environment, and land that is to be used for private roads; provided, that portion of park and open space areas that consists of stormwater facilities and that is designed for active and/or passive recreational purposes in accordance with the drainage design and erosion control manual for Tumwater shall not be excluded from density calculations.
2. Land that is intended for future phases of development created in accordance with TMC 18.16.060.
3. Land that consists of lots devoted to uses other than residential and associated uses, including but not limited to churches, schools, and support facilities (except for stormwater detention, treatment, and infiltration facilities).
C. Division of Land Not on Public Sanitary Sewer. Division of land in areas without sewer must occur in a manner that maintains long-term potential to achieve minimum required densities and efficient provision of sewer once sewer becomes available. For a proposed division of land not required to be served by the extension of public sewer at the time of approval, a conversion plan shall be submitted in accordance with TMC 18.16.060 for the entire property, and the proposed land division shall be subject to the following:
1. For land division of an existing lot of record created prior to September 15, 1998:
a. Any division creating two lots shall not be subject to the minimum density requirements of subsection A of this section, provided one of the lots created is at least five acres in size. A note must be included on the recorded land division that future land divisions shall meet minimum density requirements of subsection A of this section in each phase of development.
b. Any division creating more than two lots shall meet the minimum density requirements of subsection A of this section in each phase of development.
D. Lot coverage, maximum impervious surface: seventy percent of the total area of the lot.
E. Structure height: fifty feet or five stories, whichever is less; provided, however, that no structure shall penetrate imaginary airspace surfaces as defined by 14 C.F.R. Part 77. A map that provides detailed information on ground and imaginary airspace surface elevations is available for inspection in the community development department.
F. Yards.*
1. Front: ten feet minimum from frontage property line;
a. Driveways in front yards of any dwelling units must be a minimum of eighteen feet in length as measured along the shortest edge of the driveway starting from the front property line;
2. Side: five feet from property line, minimum;
3. Rear: five feet from property line, minimum.
Where any structures or portions of structures are adjacent to any single-family residential zoning district, the minimum setback shall be twenty feet. Where structures are constructed over one story, the setback from the adjacent property line or lines shall be increased by ten feet for every story above the ground level story of the proposed new building, and shall be completely screened from view in accordance with TMC Chapter 18.47.
G. Park and Open Space Area. New development in this zone district shall set aside land for park and open space as specified in TMC 17.12.210 and 18.42.130 and the citywide design guidelines.
*See Diagram 18.04.670, Yard Determination Diagram, in TMC 18.04.230, Y definitions.
(Ord. O2020-005, Amended, 03/16/2021; Ord. O2020-015, Amended, 02/16/2021; Ord. O2016-037, Amended, 01/03/2017; Ord. O2011-002, Amended, 03/01/2011; Ord. O2010-005, Amended, 09/07/2010; Ord. O2004-009, Amended, 12/07/2004; Ord. O2000-004, Amended, 07/18/2000; Ord. O98-009, Amended, 10/20/1998; Ord. O98-001, Amended, 09/15/1998; Ord. O97-024, Amended, 03/03/1998; Ord. O97-027, Amended, 03/03/1998; Ord. O96-021, Amended, 12/02/1997; Ord. O96-022, Amended, 12/19/1996; Ord. O95-035, Added, 12/19/1995)
18.16.060 Conversion plans.
For any land division that is submitted in phases of development, and for any development where sewer is not available or that does not meet the minimum density requirements of TMC 18.16.050(A), the approval shall be contingent upon the following:
A. The development (e.g., dwelling units; private community clubs and recreation areas; stormwater detention, treatment and infiltration) shall meet the applicable requirements of TMC 18.16.050.
B. A conversion plan must be submitted for the entire property which demonstrates that the property can be subsequently subdivided to create sufficient lots to achieve the minimum densities necessary to comply with TMC 18.16.050. Such conversion plan shall depict a schematic lot layout, approximate location of utility easements, and potential street access and an internal circulation system consistent with city transportation policies. Conversion plans shall not be required to be stamped by an engineer or surveyor, and may be included as part of a drawing or plan submitted for the land division application. Simultaneous with the filing of the conversion plan, the applicant will be required to record with the county auditor, in a form acceptable to the city attorney, a document to be placed in the chain of title of the property giving constructive notice of the special density requirements relating to the property. This conversion plan will not bind future phases of development of the site to anything except the obligation to meet the overall density requirements of the entire property. Acceptance of a conversion plan by the city or county does not, by itself, constitute approval of, nor the granting of vested rights to, a future phase of development.
(Note: The purpose of the conversion plan is to ensure that the entire property can be ultimately developed at the residential densities required for this zone district, not to limit future development to a specified development scheme. Recognizing that some property subject to this requirement may not be redeveloped in the near future, the time and cost involved in preparing and obtaining approval of a conversion plan should be kept to a minimum.)
(Ord. O98-001, Amended, 09/15/1998; Ord. O95-035, Added, 12/19/1995)
18.16.070 Screening and buffering requirements.
Buffering should be provided between this zoning district and areas in the light industrial zoning district. Buffering should be equally shared between the abutting industrial and residential developments, unless one of the uses is already developed as of January 1, 1996. If the residential use already exists, no further buffering should be required of the residential property owner. If the industrial use already exists, the residential use will be required to install buffering measures as outlined in TMC Chapter 18.47.
(Ord. O97-024, Amended, 03/03/1998; Ord. O95-035, Added, 12/17/1995)