HomeMy WebLinkAbout07-10-2024 YPC Agenda Pcket
The meeting will also be recorded and posted on the Y-PAC website.
Visit the Yakima Planning Commission webpage for more information, including agenda packets and minutes.
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
Trevor Martin, Manager
129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning@yakimawa.gov ∙ www.yakimawa.gov/services/planning/ypc/
CITY OF YAKIMA PLANNING COMMISSION
Yakima City Hall Council Chambers
129 N 2nd Street, Yakima, WA 98901
July 10, 2024
3:00 p.m. – 5:00 p.m.
YPC MEMBERS:
Chair Jacob Liddicoat, Vice-Chair Lisa Wallace, Jeff Baker, Charles Hitchcock
Leanne Hughes-Mickel, Anne Knapp, Mary Place, Colleda Monick,
Philip Ostriem, Frieda Stephens, and Shelley White
City Council Liaison: Rick Glenn, Janice Deccio
CITY PLANNING STAFF:
Trevor Martin (Planning Manager), Eric Crowell (Senior Planner), Connor Kennedy
(Associate Planner), Lisa Maxey (Admin. Assistant), Eva Rivera (Planning Technician), Irene
Linos (Temp. Department Assistant I)
AGENDA
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Public Comment
V. HB1110 Middle Housing
VI. HB117 Accessory Dwelling Units
VII. Zoning Updates
VIII. Other Business
• Storage Unit Discussion
• Zoning Updates Class 1 Exemption
• YPC Bylaws
IX. Adjourn
Next Meeting: July 24, 2024
CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1110
Chapter 332, Laws of 2023
68th Legislature
2023 Regular Session
GROWTH MANAGEMENT ACT—MINIMUM DEVELOPMENT DENSITIES IN RESIDENTIAL
ZONES
EFFECTIVE DATE: July 23, 2023
Passed by the House April 18, 2023
Yeas 79 Nays 18
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 11, 2023
Yeas 35 Nays 14
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SECOND SUBSTITUTE HOUSE
BILL 1110 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved May 8, 2023 1:11 PM FILED
May 10, 2023
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to creating more homes for Washington by 1
increasing middle housing in areas traditionally dedicated to single-2
family detached housing; amending RCW 36.70A.030, 36.70A.280, 3
43.21C.495, and 43.21C.450; adding new sections to chapter 36.70A 4
RCW; adding a new section to chapter 64.34 RCW; adding a new section 5
to chapter 64.32 RCW; adding a new section to chapter 64.38 RCW; 6
adding a new section to chapter 64.90 RCW; and creating new sections.7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
NEW SECTION. Sec. 1. The legislature finds that Washington is 9
facing an unprecedented housing crisis for its current population and 10
a lack of housing choices, and is not likely to meet the 11
affordability goals for future populations. In order to meet the goal 12
of 1,000,000 new homes by 2044, and enhanced quality of life and 13
environmental protection, innovative housing policies will need to be 14
adopted.15
Increasing housing options that are more affordable to various 16
income levels is critical to achieving the state's housing goals, 17
including those codified by the legislature under chapter 254, Laws 18
of 2021.19
There is continued need for the development of housing at all 20
income levels, including middle housing that will provide a wider 21
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1110
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Appropriations (originally sponsored by Representatives
Bateman, Barkis, Reed, Taylor, Riccelli, Berry, Fitzgibbon, Peterson,
Duerr, Lekanoff, Alvarado, Street, Ryu, Ramel, Cortes, Doglio, Macri,
Mena, Gregerson, Thai, Bergquist, Farivar, Wylie, Stonier, Pollet,
Santos, Fosse, and Ormsby)
READ FIRST TIME 02/24/23.
p. 1 E2SHB 1110.SL
variety of housing options and configurations to allow Washingtonians 1
to live near where they work.2
Homes developed at higher densities are more affordable by design 3
for Washington residents both in their construction and reduced 4
household energy and transportation costs.5
While creating more housing options, it is essential for cities 6
to identify areas at higher risk of displacement and establish 7
antidisplacement policies as required in Engrossed Second Substitute 8
House Bill No. 1220 (chapter 254, Laws of 2021).9
The state has made historic investments in subsidized affordable 10
housing through the housing trust fund, yet even with these historic 11
investments, the magnitude of the housing shortage requires both 12
public and private investment.13
In addition to addressing the housing shortage, allowing more 14
housing options in areas already served by urban infrastructure will 15
reduce the pressure to develop natural and working lands, support key 16
strategies for climate change, food security, and Puget Sound 17
recovery, and save taxpayers and ratepayers money.18
Sec. 2. RCW 36.70A.030 and 2021 c 254 s 6 are each amended to 19
read as follows:20
Unless the context clearly requires otherwise, the definitions in 21
this section apply throughout this chapter.22
(1) "Administrative design review" means a development permit 23
process whereby an application is reviewed, approved, or denied by 24
the planning director or the planning director's designee based 25
solely on objective design and development standards without a public 26
predecision hearing, unless such review is otherwise required by 27
state or federal law, or the structure is a designated landmark or 28
historic district established under a local preservation ordinance. A 29
city may utilize public meetings, hearings, or voluntary review 30
boards to consider, recommend, or approve requests for variances from 31
locally established design review standards.32
(2) "Adopt a comprehensive land use plan" means to enact a new 33
comprehensive land use plan or to update an existing comprehensive 34
land use plan.35
(((2))) (3) "Affordable housing" means, unless the context 36
clearly indicates otherwise, residential housing whose monthly costs, 37
including utilities other than telephone, do not exceed thirty 38
percent of the monthly income of a household whose income is:39
p. 2 E2SHB 1110.SL
(a) For rental housing, sixty percent of the median household 1
income adjusted for household size, for the county where the 2
household is located, as reported by the United States department of 3
housing and urban development; or4
(b) For owner-occupied housing, eighty percent of the median 5
household income adjusted for household size, for the county where 6
the household is located, as reported by the United States department 7
of housing and urban development.8
(((3))) (4) "Agricultural land" means land primarily devoted to 9
the commercial production of horticultural, viticultural, 10
floricultural, dairy, apiary, vegetable, or animal products or of 11
berries, grain, hay, straw, turf, seed, Christmas trees not subject 12
to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish 13
in upland hatcheries, or livestock, and that has long-term commercial 14
significance for agricultural production.15
(((4))) (5) "City" means any city or town, including a code city.16
(((5))) (6) "Comprehensive land use plan," "comprehensive plan," 17
or "plan" means a generalized coordinated land use policy statement 18
of the governing body of a county or city that is adopted pursuant to 19
this chapter.20
(((6))) (7) "Cottage housing" means residential units on a lot 21
with a common open space that either: (a) Is owned in common; or (b) 22
has units owned as condominium units with property owned in common 23
and a minimum of 20 percent of the lot size as open space.24
(8) "Courtyard apartments" means up to four attached dwelling 25
units arranged on two or three sides of a yard or court.26
(9) "Critical areas" include the following areas and ecosystems: 27
(a) Wetlands; (b) areas with a critical recharging effect on aquifers 28
used for potable water; (c) fish and wildlife habitat conservation 29
areas; (d) frequently flooded areas; and (e) geologically hazardous 30
areas. "Fish and wildlife habitat conservation areas" does not 31
include such artificial features or constructs as irrigation delivery 32
systems, irrigation infrastructure, irrigation canals, or drainage 33
ditches that lie within the boundaries of and are maintained by a 34
port district or an irrigation district or company.35
(((7))) (10) "Department" means the department of commerce.36
(((8))) (11) "Development regulations" or "regulation" means the 37
controls placed on development or land use activities by a county or 38
city, including, but not limited to, zoning ordinances, critical 39
areas ordinances, shoreline master programs, official controls, 40
p. 3 E2SHB 1110.SL
planned unit development ordinances, subdivision ordinances, and 1
binding site plan ordinances together with any amendments thereto. A 2
development regulation does not include a decision to approve a 3
project permit application, as defined in RCW 36.70B.020, even though 4
the decision may be expressed in a resolution or ordinance of the 5
legislative body of the county or city.6
(((9))) (12) "Emergency housing" means temporary indoor 7
accommodations for individuals or families who are homeless or at 8
imminent risk of becoming homeless that is intended to address the 9
basic health, food, clothing, and personal hygiene needs of 10
individuals or families. Emergency housing may or may not require 11
occupants to enter into a lease or an occupancy agreement.12
(((10))) (13) "Emergency shelter" means a facility that provides 13
a temporary shelter for individuals or families who are currently 14
homeless. Emergency shelter may not require occupants to enter into a 15
lease or an occupancy agreement. Emergency shelter facilities may 16
include day and warming centers that do not provide overnight 17
accommodations.18
(((11))) (14) "Extremely low-income household" means a single 19
person, family, or unrelated persons living together whose adjusted 20
income is at or below thirty percent of the median household income 21
adjusted for household size, for the county where the household is 22
located, as reported by the United States department of housing and 23
urban development.24
(((12))) (15) "Forestland" means land primarily devoted to 25
growing trees for long-term commercial timber production on land that 26
can be economically and practically managed for such production, 27
including Christmas trees subject to the excise tax imposed under RCW 28
84.33.100 through 84.33.140, and that has long-term commercial 29
significance. In determining whether forestland is primarily devoted 30
to growing trees for long-term commercial timber production on land 31
that can be economically and practically managed for such production, 32
the following factors shall be considered: (a) The proximity of the 33
land to urban, suburban, and rural settlements; (b) surrounding 34
parcel size and the compatibility and intensity of adjacent and 35
nearby land uses; (c) long-term local economic conditions that affect 36
the ability to manage for timber production; and (d) the availability 37
of public facilities and services conducive to conversion of 38
forestland to other uses.39
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(((13))) (16) "Freight rail dependent uses" means buildings and 1
other infrastructure that are used in the fabrication, processing, 2
storage, and transport of goods where the use is dependent on and 3
makes use of an adjacent short line railroad. Such facilities are 4
both urban and rural development for purposes of this chapter. 5
"Freight rail dependent uses" does not include buildings and other 6
infrastructure that are used in the fabrication, processing, storage, 7
and transport of coal, liquefied natural gas, or "crude oil" as 8
defined in RCW 90.56.010.9
(((14))) (17) "Geologically hazardous areas" means areas that 10
because of their susceptibility to erosion, sliding, earthquake, or 11
other geological events, are not suited to the siting of commercial, 12
residential, or industrial development consistent with public health 13
or safety concerns.14
(((15))) (18) "Long-term commercial significance" includes the 15
growing capacity, productivity, and soil composition of the land for 16
long-term commercial production, in consideration with the land's 17
proximity to population areas, and the possibility of more intense 18
uses of the land.19
(((16))) (19) "Low-income household" means a single person, 20
family, or unrelated persons living together whose adjusted income is 21
at or below eighty percent of the median household income adjusted 22
for household size, for the county where the household is located, as 23
reported by the United States department of housing and urban 24
development.25
(((17))) (20) "Major transit stop" means:26
(a) A stop on a high capacity transportation system funded or 27
expanded under the provisions of chapter 81.104 RCW;28
(b) Commuter rail stops;29
(c) Stops on rail or fixed guideway systems; or30
(d) Stops on bus rapid transit routes.31
(21) "Middle housing" means buildings that are compatible in 32
scale, form, and character with single-family houses and contain two 33
or more attached, stacked, or clustered homes including duplexes, 34
triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked 35
flats, courtyard apartments, and cottage housing.36
(22) "Minerals" include gravel, sand, and valuable metallic 37
substances.38
(((18))) (23) "Moderate-income household" means a single person, 39
family, or unrelated persons living together whose adjusted income is 40
p. 5 E2SHB 1110.SL
at or below 120 percent of the median household income adjusted for 1
household size, for the county where the household is located, as 2
reported by the United States department of housing and urban 3
development.4
(((19))) (24) "Permanent supportive housing" is subsidized, 5
leased housing with no limit on length of stay that prioritizes 6
people who need comprehensive support services to retain tenancy and 7
utilizes admissions practices designed to use lower barriers to entry 8
than would be typical for other subsidized or unsubsidized rental 9
housing, especially related to rental history, criminal history, and 10
personal behaviors. Permanent supportive housing is paired with on-11
site or off-site voluntary services designed to support a person 12
living with a complex and disabling behavioral health or physical 13
health condition who was experiencing homelessness or was at imminent 14
risk of homelessness prior to moving into housing to retain their 15
housing and be a successful tenant in a housing arrangement, improve 16
the resident's health status, and connect the resident of the housing 17
with community-based health care, treatment, or employment services. 18
Permanent supportive housing is subject to all of the rights and 19
responsibilities defined in chapter 59.18 RCW.20
(((20))) (25) "Public facilities" include streets, roads, 21
highways, sidewalks, street and road lighting systems, traffic 22
signals, domestic water systems, storm and sanitary sewer systems, 23
parks and recreational facilities, and schools.24
(((21))) (26) "Public services" include fire protection and 25
suppression, law enforcement, public health, education, recreation, 26
environmental protection, and other governmental services.27
(((22))) (27) "Recreational land" means land so designated under 28
RCW 36.70A.1701 and that, immediately prior to this designation, was 29
designated as agricultural land of long-term commercial significance 30
under RCW 36.70A.170. Recreational land must have playing fields and 31
supporting facilities existing before July 1, 2004, for sports played 32
on grass playing fields.33
(((23))) (28) "Rural character" refers to the patterns of land 34
use and development established by a county in the rural element of 35
its comprehensive plan:36
(a) In which open space, the natural landscape, and vegetation 37
predominate over the built environment;38
(b) That foster traditional rural lifestyles, rural-based 39
economies, and opportunities to both live and work in rural areas;40
p. 6 E2SHB 1110.SL
(c) That provide visual landscapes that are traditionally found 1
in rural areas and communities;2
(d) That are compatible with the use of the land by wildlife and 3
for fish and wildlife habitat;4
(e) That reduce the inappropriate conversion of undeveloped land 5
into sprawling, low-density development;6
(f) That generally do not require the extension of urban 7
governmental services; and8
(g) That are consistent with the protection of natural surface 9
water flows and groundwater and surface water recharge and discharge 10
areas.11
(((24))) (29) "Rural development" refers to development outside 12
the urban growth area and outside agricultural, forest, and mineral 13
resource lands designated pursuant to RCW 36.70A.170. Rural 14
development can consist of a variety of uses and residential 15
densities, including clustered residential development, at levels 16
that are consistent with the preservation of rural character and the 17
requirements of the rural element. Rural development does not refer 18
to agriculture or forestry activities that may be conducted in rural 19
areas.20
(((25))) (30) "Rural governmental services" or "rural services" 21
include those public services and public facilities historically and 22
typically delivered at an intensity usually found in rural areas, and 23
may include domestic water systems((,)) and fire and police 24
protection services((, transportation and public transit services, 25
and other public utilities)) associated with rural development and 26
normally not associated with urban areas. Rural services do not 27
include storm or sanitary sewers, except as otherwise authorized by 28
RCW 36.70A.110(4).29
(((26))) (31) "Short line railroad" means those railroad lines 30
designated class II or class III by the United States surface 31
transportation board.32
(((27))) (32) "Single-family zones" means those zones where 33
single-family detached housing is the predominant land use.34
(33) "Stacked flat" means dwelling units in a residential 35
building of no more than three stories on a residential zoned lot in 36
which each floor may be separately rented or owned.37
(34) "Townhouses" means buildings that contain three or more 38
attached single-family dwelling units that extend from foundation to 39
roof and that have a yard or public way on not less than two sides.40
p. 7 E2SHB 1110.SL
(35) "Urban governmental services" or "urban services" include 1
those public services and public facilities at an intensity 2
historically and typically provided in cities, specifically including 3
storm and sanitary sewer systems, domestic water systems, street 4
cleaning services, fire and police protection services, public 5
transit services, and other public utilities associated with urban 6
areas and normally not associated with rural areas.7
(((28))) (36) "Urban growth" refers to growth that makes 8
intensive use of land for the location of buildings, structures, and 9
impermeable surfaces to such a degree as to be incompatible with the 10
primary use of land for the production of food, other agricultural 11
products, or fiber, or the extraction of mineral resources, rural 12
uses, rural development, and natural resource lands designated 13
pursuant to RCW 36.70A.170. A pattern of more intensive rural 14
development, as provided in RCW 36.70A.070(5)(d), is not urban 15
growth. When allowed to spread over wide areas, urban growth 16
typically requires urban governmental services. "Characterized by 17
urban growth" refers to land having urban growth located on it, or to 18
land located in relationship to an area with urban growth on it as to 19
be appropriate for urban growth.20
(((29))) (37) "Urban growth areas" means those areas designated 21
by a county pursuant to RCW 36.70A.110.22
(((30))) (38) "Very low-income household" means a single person, 23
family, or unrelated persons living together whose adjusted income is 24
at or below fifty percent of the median household income adjusted for 25
household size, for the county where the household is located, as 26
reported by the United States department of housing and urban 27
development.28
(((31))) (39) "Wetland" or "wetlands" means areas that are 29
inundated or saturated by surface water or groundwater at a frequency 30
and duration sufficient to support, and that under normal 31
circumstances do support, a prevalence of vegetation typically 32
adapted for life in saturated soil conditions. Wetlands generally 33
include swamps, marshes, bogs, and similar areas. Wetlands do not 34
include those artificial wetlands intentionally created from 35
nonwetland sites, including, but not limited to, irrigation and 36
drainage ditches, grass-lined swales, canals, detention facilities, 37
wastewater treatment facilities, farm ponds, and landscape amenities, 38
or those wetlands created after July 1, 1990, that were 39
unintentionally created as a result of the construction of a road, 40
p. 8 E2SHB 1110.SL
street, or highway. Wetlands may include those artificial wetlands 1
intentionally created from nonwetland areas created to mitigate 2
conversion of wetlands.3
NEW SECTION. Sec. 3. A new section is added to chapter 36.70A 4
RCW to read as follows:5
(1) Except as provided in subsection (4) of this section, any 6
city that is required or chooses to plan under RCW 36.70A.040 must 7
provide by ordinance and incorporate into its development 8
regulations, zoning regulations, and other official controls, 9
authorization for the following:10
(a) For cities with a population of at least 25,000 but less than 11
75,000 based on office of financial management population estimates:12
(i) The development of at least two units per lot on all lots 13
zoned predominantly for residential use, unless zoning permitting 14
higher densities or intensities applies;15
(ii) The development of at least four units per lot on all lots 16
zoned predominantly for residential use, unless zoning permitting 17
higher densities or intensities applies, within one-quarter mile 18
walking distance of a major transit stop; and19
(iii) The development of at least four units per lot on all lots 20
zoned predominantly for residential use, unless zoning permitting 21
higher densities or intensities applies, if at least one unit is 22
affordable housing.23
(b) For cities with a population of at least 75,000 based on 24
office of financial management population estimates:25
(i) The development of at least four units per lot on all lots 26
zoned predominantly for residential use, unless zoning permitting 27
higher densities or intensities applies;28
(ii) The development of at least six units per lot on all lots 29
zoned predominantly for residential use, unless zoning permitting 30
higher densities or intensities applies, within one-quarter mile 31
walking distance of a major transit stop; and32
(iii) The development of at least six units per lot on all lots 33
zoned predominantly for residential use, unless zoning permitting 34
higher densities or intensities applies, if at least two units are 35
affordable housing.36
(c) For cities with a population of less than 25,000, that are 37
within a contiguous urban growth area with the largest city in a 38
county with a population of more than 275,000, based on office of 39
p. 9 E2SHB 1110.SL
financial management population estimates the development of at least 1
two units per lot on all lots zoned predominantly for residential 2
use, unless zoning permitting higher densities or intensities 3
applies.4
(2)(a) To qualify for the additional units allowed under 5
subsection (1) of this section, the applicant must commit to renting 6
or selling the required number of units as affordable housing. The 7
units must be maintained as affordable for a term of at least 50 8
years, and the property must satisfy that commitment and all required 9
affordability and income eligibility conditions adopted by the local 10
government under this chapter. A city must require the applicant to 11
record a covenant or deed restriction that ensures the continuing 12
rental of units subject to these affordability requirements 13
consistent with the conditions in chapter 84.14 RCW for a period of 14
no less than 50 years. The covenant or deed restriction must also 15
address criteria and policies to maintain public benefit if the 16
property is converted to a use other than which continues to provide 17
for permanently affordable housing.18
(b) The units dedicated as affordable must be provided in a range 19
of sizes comparable to other units in the development. To the extent 20
practicable, the number of bedrooms in affordable units must be in 21
the same proportion as the number of bedrooms in units within the 22
entire development. The affordable units must generally be 23
distributed throughout the development and have substantially the 24
same functionality as the other units in the development.25
(c) If a city has enacted a program under RCW 36.70A.540, the 26
terms of that program govern to the extent they vary from the 27
requirements of this subsection.28
(3) If a city has enacted a program under RCW 36.70A.540, 29
subsection (1) of this section does not preclude the city from 30
requiring any development, including development described in 31
subsection (1) of this section, to provide affordable housing, either 32
on-site or through an in-lieu payment, nor limit the city's ability 33
to expand such a program or modify its requirements.34
(4)(a) As an alternative to the density requirements in 35
subsection (1) of this section, a city may implement the density 36
requirements in subsection (1) of this section for at least 75 37
percent of lots in the city that are primarily dedicated to single-38
family detached housing units.39
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(b) The 25 percent of lots for which the requirements of 1
subsection (1) of this section are not implemented must include but 2
are not limited to:3
(i) Any areas within the city for which the department has 4
certified an extension of the implementation timelines under section 5
5 of this act due to the risk of displacement;6
(ii) Any areas within the city for which the department has 7
certified an extension of the implementation timelines under section 8
7 of this act due to a lack of infrastructure capacity;9
(iii) Any lots designated with critical areas or their buffers 10
that are exempt from the density requirements as provided in 11
subsection (8) of this section;12
(iv) Any portion of a city within a one-mile radius of a 13
commercial airport with at least 9,000,000 annual enplanements that 14
is exempt from the parking requirements under subsection (7)(b) of 15
this section; and16
(v) Any areas subject to sea level rise, increased flooding, 17
susceptible to wildfires, or geological hazards over the next 100 18
years.19
(c) Unless identified as at higher risk of displacement under RCW 20
36.70A.070(2)(g), the 25 percent of lots for which the requirements 21
of subsection (1) of this section are not implemented may not 22
include:23
(i) Any areas for which the exclusion would further racially 24
disparate impacts or result in zoning with a discriminatory effect;25
(ii) Any areas within one-half mile walking distance of a major 26
transit stop; or27
(iii) Any areas historically covered by a covenant or deed 28
restriction excluding racial minorities from owning property or 29
living in the area, as known to the city at the time of each 30
comprehensive plan update.31
(5) A city must allow at least six of the nine types of middle 32
housing to achieve the unit density required in subsection (1) of 33
this section. A city may allow accessory dwelling units to achieve 34
the unit density required in subsection (1) of this section. Cities 35
are not required to allow accessory dwelling units or middle housing 36
types beyond the density requirements in subsection (1) of this 37
section. A city must also allow zero lot line short subdivision where 38
the number of lots created is equal to the unit density required in 39
subsection (1) of this section.40
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(6) Any city subject to the requirements of this section:1
(a) If applying design review for middle housing, only 2
administrative design review shall be required;3
(b) Except as provided in (a) of this subsection, shall not 4
require through development regulations any standards for middle 5
housing that are more restrictive than those required for detached 6
single-family residences, but may apply any objective development 7
regulations that are required for detached single-family residences, 8
including, but not limited to, set-back, lot coverage, stormwater, 9
clearing, and tree canopy and retention requirements to ensure 10
compliance with existing ordinances intended to protect critical 11
areas and public health and safety;12
(c) Shall apply to middle housing the same development permit and 13
environmental review processes that apply to detached single-family 14
residences, unless otherwise required by state law including, but not 15
limited to, shoreline regulations under chapter 90.58 RCW, building 16
codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, 17
or electrical codes under chapter 19.28 RCW;18
(d) Shall not require off-street parking as a condition of 19
permitting development of middle housing within one-half mile walking 20
distance of a major transit stop;21
(e) Shall not require more than one off-street parking space per 22
unit as a condition of permitting development of middle housing on 23
lots smaller than 6,000 square feet before any zero lot line 24
subdivisions or lot splits;25
(f) Shall not require more than two off-street parking spaces per 26
unit as a condition of permitting development of middle housing on 27
lots greater than 6,000 square feet before any zero lot line 28
subdivisions or lot splits; and29
(g) Are not required to achieve the per unit density under this 30
act on lots after subdivision below 1,000 square feet unless the city 31
chooses to enact smaller allowable lot sizes.32
(7) The provisions of subsection (6)(d) through (f) of this 33
section do not apply:34
(a) If a local government submits to the department an empirical 35
study prepared by a credentialed transportation or land use planning 36
expert that clearly demonstrates, and the department finds and 37
certifies, that the application of the parking limitations of 38
subsection (6)(d) through (f) of this section for middle housing will 39
be significantly less safe for vehicle drivers or passengers, 40
p. 12 E2SHB 1110.SL
pedestrians, or bicyclists than if the jurisdiction's parking 1
requirements were applied to the same location for the same number of 2
detached houses. The department must develop guidance to assist 3
cities on items to include in the study; or4
(b) To portions of cities within a one-mile radius of a 5
commercial airport in Washington with at least 9,000,000 annual 6
enplanements.7
(8) The provisions of this section do not apply to:8
(a) Lots designated with critical areas designated under RCW 9
36.70A.170 or their buffers as required by RCW 36.70A.170;10
(b) A watershed serving a reservoir for potable water if that 11
watershed is or was listed, as of the effective date of this section, 12
as impaired or threatened under section 303(d) of the federal clean 13
water act (33 U.S.C. Sec. 1313(d)); or14
(c) Lots that have been designated urban separators by countywide 15
planning policies as of the effective date of this section.16
(9) Nothing in this section prohibits a city from permitting 17
detached single-family residences.18
(10) Nothing in this section requires a city to issue a building 19
permit if other federal, state, and local requirements for a building 20
permit are not met.21
(11) A city must comply with the requirements of this section on 22
the latter of:23
(a) Six months after its next periodic comprehensive plan update 24
required under RCW 36.70A.130 if the city meets the population 25
threshold based on the 2020 office of financial management population 26
data; or27
(b) 12 months after their next implementation progress report 28
required under RCW 36.70A.130 after a determination by the office of 29
financial management that the city has reached a population threshold 30
established under this section.31
(12) A city complying with this section and not granted a 32
timeline extension under section 7 of this act does not have to 33
update its capital facilities plan element required by RCW 34
36.70A.070(3) to accommodate the increased housing required by this 35
act until the first periodic comprehensive plan update required for 36
the city under RCW 36.70A.130(5) that occurs on or after June 30, 37
2034.38
p. 13 E2SHB 1110.SL
NEW SECTION. Sec. 4. A new section is added to chapter 36.70A 1
RCW to read as follows:2
(1)(a) The department is directed to provide technical assistance 3
to cities as they implement the requirements under section 3 of this 4
act.5
(b) The department shall prioritize such technical assistance to 6
cities demonstrating the greatest need.7
(2)(a) The department shall publish model middle housing 8
ordinances no later than six months following the effective date of 9
this section.10
(b) In any city subject to section 3 of this act that has not 11
passed ordinances, regulations, or other official controls within the 12
time frames provided under section 3(11) of this act, the model 13
ordinance supersedes, preempts, and invalidates local development 14
regulations until the city takes all actions necessary to implement 15
section 3 of this act.16
(3)(a) The department is directed to establish a process by which 17
cities implementing the requirements of section 3 of this act may 18
seek approval of alternative local action necessary to meet the 19
requirements of this act.20
(b) The department may approve actions under this section for 21
cities that have, by January 1, 2023, adopted a comprehensive plan 22
that is substantially similar to the requirements of this act and 23
have adopted, or within one year of the effective date of this 24
section adopts, permanent development regulations that are 25
substantially similar to the requirements of this act. In determining 26
whether a city's adopted comprehensive plan and permanent development 27
regulations are substantially similar, the department must find as 28
substantially similar plans and regulations that:29
(i) Result in an overall increase in housing units allowed in 30
single-family zones that is at least 75 percent of the increase in 31
housing units allowed in single-family zones if the specific 32
provisions of this act were adopted;33
(ii) Allow for middle housing throughout the city, rather than 34
just in targeted locations; and35
(iii) Allow for additional density near major transit stops, and 36
for projects that incorporate dedicated affordable housing.37
(c) The department may also approve actions under this section 38
for cities that have, by January 1, 2023, adopted a comprehensive 39
plan or development regulations that have significantly reduced or 40
p. 14 E2SHB 1110.SL
eliminated residentially zoned areas that are predominantly single 1
family. The department must find that a city's actions are 2
substantially similar to the requirements of this act if they have 3
adopted, or within one year of the effective date of this section 4
adopts, permanent development regulations that:5
(i) Result in an overall increase in housing units allowed in 6
single-family zones that is at least 75 percent of the increase in 7
housing units allowed in single-family zones if the specific 8
provisions of this act were adopted;9
(ii) Allow for middle housing throughout the city, rather than 10
just in targeted locations; and11
(iii) Allow for additional density near major transit stops, and 12
for projects that incorporate dedicated affordable housing.13
(d) The department may determine that a comprehensive plan and 14
development regulations that do not meet these criteria are otherwise 15
substantially similar to the requirements of this act if the city can 16
clearly demonstrate that the regulations adopted will allow for a 17
greater increase in middle housing production within single family 18
zones than would be allowed through implementation of section 3 of 19
this act.20
(e) Any local actions approved by the department pursuant to (a) 21
of this subsection to implement the requirements under section 3 of 22
this act are exempt from appeals under this chapter and chapter 23
43.21C RCW.24
(f) The department's final decision to approve or reject actions 25
by cities implementing section 3 of this act may be appealed to the 26
growth management hearings board by filing a petition as provided in 27
RCW 36.70A.290.28
(4) The department may issue guidance for local jurisdictions to 29
ensure that the levels of middle housing zoning under this act can be 30
integrated with the methods used by cities to calculate zoning 31
densities and intensities in local zoning and development 32
regulations.33
NEW SECTION. Sec. 5. A new section is added to chapter 36.70A 34
RCW to read as follows:35
Any city choosing the alternative density requirements in section 36
3(4) of this act may apply to the department for, and the department 37
may certify, an extension for areas at risk of displacement as 38
determined by the antidisplacement analysis that a jurisdiction is 39
p. 15 E2SHB 1110.SL
required to complete under RCW 36.70A.070(2). The city must create a 1
plan for implementing antidisplacement policies by their next 2
implementation progress report required by RCW 36.70A.130(9). The 3
department may certify one further extension based on evidence of 4
significant ongoing displacement risk in the impacted area.5
Sec. 6. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to 6
read as follows:7
(1) The growth management hearings board shall hear and determine 8
only those petitions alleging either:9
(a) That, except as provided otherwise by this subsection, a 10
state agency, county, or city planning under this chapter is not in 11
compliance with the requirements of this chapter, chapter 90.58 RCW 12
as it relates to the adoption of shoreline master programs or 13
amendments thereto, or chapter 43.21C RCW as it relates to plans, 14
development regulations, or amendments, adopted under RCW 36.70A.040 15
or chapter 90.58 RCW. Nothing in this subsection authorizes the board 16
to hear petitions alleging noncompliance with RCW 36.70A.5801;17
(b) That the twenty-year growth management planning population 18
projections adopted by the office of financial management pursuant to 19
RCW 43.62.035 should be adjusted;20
(c) That the approval of a work plan adopted under RCW 21
36.70A.735(1)(a) is not in compliance with the requirements of the 22
program established under RCW 36.70A.710;23
(d) That regulations adopted under RCW 36.70A.735(1)(b) are not 24
regionally applicable and cannot be adopted, wholly or partially, by 25
another jurisdiction; ((or))26
(e) That a department certification under RCW 36.70A.735(1)(c) is 27
erroneous; or28
(f) That the department's final decision to approve or reject 29
actions by a city implementing section 3 of this act is clearly 30
erroneous.31
(2) A petition may be filed only by: (a) The state, or a county 32
or city that plans under this chapter; (b) a person who has 33
participated orally or in writing before the county or city regarding 34
the matter on which a review is being requested; (c) a person who is 35
certified by the governor within sixty days of filing the request 36
with the board; or (d) a person qualified pursuant to RCW 34.05.530.37
(3) For purposes of this section "person" means any individual, 38
partnership, corporation, association, state agency, governmental 39
p. 16 E2SHB 1110.SL
subdivision or unit thereof, or public or private organization or 1
entity of any character.2
(4) To establish participation standing under subsection (2)(b) 3
of this section, a person must show that his or her participation 4
before the county or city was reasonably related to the person's 5
issue as presented to the board.6
(5) When considering a possible adjustment to a growth management 7
planning population projection prepared by the office of financial 8
management, the board shall consider the implications of any such 9
adjustment to the population forecast for the entire state.10
The rationale for any adjustment that is adopted by the board 11
must be documented and filed with the office of financial management 12
within ten working days after adoption.13
If adjusted by the board, a county growth management planning 14
population projection shall only be used for the planning purposes 15
set forth in this chapter and shall be known as the "board adjusted 16
population projection." None of these changes shall affect the 17
official state and county population forecasts prepared by the office 18
of financial management, which shall continue to be used for state 19
budget and planning purposes.20
NEW SECTION. Sec. 7. A new section is added to chapter 36.70A 21
RCW to read as follows:22
(1) Any city choosing the alternative density requirements in 23
section 3(4) of this act may apply to the department for, and the 24
department may certify, an extension of the implementation timelines 25
established under section 3(11) of this act.26
(2) An extension certified under this section may be applied only 27
to specific areas where a city can demonstrate that water, sewer, 28
stormwater, transportation infrastructure, including facilities and 29
transit services, or fire protection services lack capacity to 30
accommodate the density required in section 3 of this act, and the 31
city has:32
(a) Included one or more improvements, as needed, within its 33
capital facilities plan to adequately increase capacity; or34
(b) Identified which special district is responsible for 35
providing the necessary infrastructure if the infrastructure is 36
provided by a special purpose district.37
(3) If an extension of the implementation timelines is requested 38
due to lack of water supply from the city or the purveyors who serve 39
p. 17 E2SHB 1110.SL
water within the city, the department's evaluation of the extension 1
must be based on the applicable water system plans in effect and 2
approved by the department of health. Water system plan updates 3
initiated after the effective date of this section must include 4
consideration of water supply requirements for middle housing types.5
(4) An extension granted under this section remains in effect 6
until the earliest of:7
(a) The infrastructure is improved to accommodate the capacity;8
(b) The city's deadline to complete its next periodic 9
comprehensive plan update under RCW 36.70A.130; or10
(c) The city's deadline to complete its implementation progress 11
report to the department as required under RCW 36.70A.130(9).12
(5) A city that has received an extension under this section may 13
reapply for any needed extension with its next periodic comprehensive 14
plan update under RCW 36.70A.130 or its implementation progress 15
report to the department under RCW 36.70A.130(9). The application for 16
an additional extension must include a list of infrastructure 17
improvements necessary to meet the capacity required in section 3 of 18
this act. Such additional extension must only be to address 19
infrastructure deficiency that a city is not reasonably able to 20
address within the first extension.21
(6) The department may establish by rule any standards or 22
procedures necessary to implement this section.23
(7) The department must provide the legislature with a list of 24
projects identified in a city's capital facilities plan that were the 25
basis for the extension under this section, including planning level 26
estimates. Additionally, the city must contact special purpose 27
districts to identify additional projects associated with extensions 28
under this section.29
(8) A city granted an extension for a specific area must allow 30
development as provided under section 3 of this act if the developer 31
commits to providing the necessary water, sewer, or stormwater 32
infrastructure.33
(9) If an area zoned predominantly for residential use is 34
currently served only by private wells, group B water systems or 35
group A water systems with less than 50 connections, or a city or 36
water providers within the city do not have an adequate water supply 37
or available connections to serve the zoning increase required under 38
section 3 of this act, the city may limit the areas subject to the 39
requirements under section 3 of this act to match current water 40
p. 18 E2SHB 1110.SL
availability. Nothing in this act affects or modifies the 1
responsibilities of cities to plan for or provide urban governmental 2
services as defined in RCW 36.70A.030 or affordable housing as 3
required by RCW 36.70A.070.4
(10) No city shall approve a building permit for housing under 5
section 3 of this act without compliance with the adequate water 6
supply requirements of RCW 19.27.097.7
(11) If an area zoned predominantly for residential use is 8
currently served only by on-site sewage systems, development may be 9
limited to two units per lot, until either the landowner or local 10
government provides sewer service or demonstrates a sewer system will 11
serve the development at the time of construction. Nothing in this 12
act affects or modifies the responsibilities of cities to plan for or 13
provide urban governmental services as defined in RCW 36.70A.030.14
Sec. 8. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to 15
read as follows:16
(1) Adoption of ordinances, development regulations and 17
amendments to such regulations, and other nonproject actions taken by 18
a city to implement: The actions specified in section 2, chapter 246, 19
Laws of 2022 unless the adoption of such ordinances, development 20
regulations and amendments to such regulations, or other nonproject 21
actions has a probable significant adverse impact on fish habitat; 22
and the increased residential building capacity actions identified in 23
RCW 36.70A.600(1), with the exception of the action specified in RCW 24
36.70A.600(1)(f), are not subject to administrative or judicial 25
appeals under this chapter.26
(2) Amendments to development regulations and other nonproject 27
actions taken by a city to implement the requirements under section 3 28
of this act pursuant to section 4(3)(b) of this act are not subject 29
to administrative or judicial appeals under this chapter.30
Sec. 9. RCW 43.21C.450 and 2012 1st sp.s. c 1 s 307 are each 31
amended to read as follows:32
The following nonproject actions are categorically exempt from 33
the requirements of this chapter:34
(1) Amendments to development regulations that are required to 35
ensure consistency with an adopted comprehensive plan pursuant to RCW 36
36.70A.040, where the comprehensive plan was previously subjected to 37
environmental review pursuant to this chapter and the impacts 38
p. 19 E2SHB 1110.SL
associated with the proposed regulation were specifically addressed 1
in the prior environmental review;2
(2) Amendments to development regulations that are required to 3
ensure consistency with a shoreline master program approved pursuant 4
to RCW 90.58.090, where the shoreline master program was previously 5
subjected to environmental review pursuant to this chapter and the 6
impacts associated with the proposed regulation were specifically 7
addressed in the prior environmental review;8
(3) Amendments to development regulations that, upon 9
implementation of a project action, will provide increased 10
environmental protection, limited to the following:11
(a) Increased protections for critical areas, such as enhanced 12
buffers or setbacks;13
(b) Increased vegetation retention or decreased impervious 14
surface areas in shoreline jurisdiction; and15
(c) Increased vegetation retention or decreased impervious 16
surface areas in critical areas;17
(4) Amendments to technical codes adopted by a county, city, or 18
town to ensure consistency with minimum standards contained in state 19
law, including the following:20
(a) Building codes required by chapter 19.27 RCW;21
(b) Energy codes required by chapter 19.27A RCW; and22
(c) Electrical codes required by chapter 19.28 RCW.23
(5) Amendments to development regulations to remove requirements 24
for parking from development proposed to fill in an urban growth area 25
designated according to RCW 36.70A.110.26
NEW SECTION. Sec. 10. A new section is added to chapter 64.34 27
RCW to read as follows:28
A declaration created after the effective date of this section 29
and applicable to an area within a city subject to the middle housing 30
requirements in section 3 of this act may not actively or effectively 31
prohibit the construction, development, or use of additional housing 32
units as required in section 3 of this act.33
NEW SECTION. Sec. 11. A new section is added to chapter 64.32 34
RCW to read as follows:35
A declaration created after the effective date of this section 36
and applicable to an association of apartment owners located within 37
an area of a city subject to the middle housing requirements in 38
p. 20 E2SHB 1110.SL
section 3 of this act may not actively or effectively prohibit the 1
construction, development, or use of additional housing units as 2
required in section 3 of this act.3
NEW SECTION. Sec. 12. A new section is added to chapter 64.38 4
RCW to read as follows:5
Governing documents of associations within cities subject to the 6
middle housing requirements in section 3 of this act that are created 7
after the effective date of this section may not actively or 8
effectively prohibit the construction, development, or use of 9
additional housing units as required in section 3 of this act.10
NEW SECTION. Sec. 13. A new section is added to chapter 64.90 11
RCW to read as follows:12
Declarations and governing documents of a common interest 13
community within cities subject to the middle housing requirements in 14
section 3 of this act that are created after the effective date of 15
this section may not actively or effectively prohibit the 16
construction, development, or use of additional housing units as 17
required in section 3 of this act.18
NEW SECTION. Sec. 14. The department of commerce may establish 19
by rule any standards or procedures necessary to implement sections 2 20
through 7 of this act.21
NEW SECTION. Sec. 15. If specific funding for the purposes of 22
this act, referencing this act by bill or chapter number, is not 23
provided by June 30, 2023, in the omnibus appropriations act, this 24
act is null and void.25
Passed by the House April 18, 2023.
Passed by the Senate April 11, 2023.
Approved by the Governor May 8, 2023.
Filed in Office of Secretary of State May 10, 2023.
--- END ---
p. 21 E2SHB 1110.SL
CERTIFICATION OF ENROLLMENT
ENGROSSED HOUSE BILL 1337
Chapter 334, Laws of 2023
(partial veto)
68th Legislature
2023 Regular Session
GROWTH MANAGEMENT ACT—ACCESSORY DWELLING UNITS—URBAN GROWTH AREAS
EFFECTIVE DATE: July 23, 2023
Passed by the House April 14, 2023
Yeas 85 Nays 11
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 6, 2023
Yeas 39 Nays 7
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED HOUSE BILL 1337 as passed
by the House of Representatives and
the Senate on the dates hereon set
forth.
BERNARD DEAN
Chief Clerk
Approved May 8, 2023 1:13 PM with the
exception of section 5, which is
vetoed.
FILED
May 10, 2023
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to expanding housing options by easing barriers 1
to the construction and use of accessory dwelling units; amending RCW 2
36.70A.696, 43.21C.495, and 36.70A.280; adding new sections to 3
chapter 36.70A RCW; adding a new section to chapter 64.34 RCW; adding 4
a new section to chapter 64.32 RCW; adding a new section to chapter 5
64.38 RCW; adding a new section to chapter 64.90 RCW; creating a new 6
section; and repealing RCW 35.63.210, 35A.63.230, 36.70A.400, 7
36.70.677, and 43.63A.215.8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:9
NEW SECTION. Sec. 1. (1) The legislature makes the following 10
findings:11
(a) Washington state is experiencing a housing affordability 12
crisis. Many communities across the state are in need of more housing 13
for renters across the income spectrum.14
(b) Many cities dedicate the majority of residentially zoned land 15
to single detached houses that are increasingly financially out of 16
reach for many households. Due to their smaller size, accessory 17
dwelling units can provide a more affordable housing option in those 18
single-family zones.19
(c) Localities can start to correct for historic economic and 20
racial exclusion in single-family zones by opening up these 21
ENGROSSED HOUSE BILL 1337
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Representatives Gregerson, Barkis, Berry, Christian, Duerr,
Fitzgibbon, Taylor, Ramel, Reeves, Simmons, Walen, Graham, Bateman,
Reed, Lekanoff, Doglio, Tharinger, Cortes, Macri, and Stonier
Read first time 01/16/23. Referred to Committee on Housing.
p. 1 EHB 1337.SL
neighborhoods to more diverse housing types, including accessory 1
dwelling units, that provide lower cost homes. Increasing housing 2
options in expensive, high-opportunity neighborhoods will give more 3
families access to schools, parks, and other public amenities 4
otherwise accessible to only the wealthy.5
(d) Accessory dwelling units are frequently rented below market 6
rate, providing additional affordable housing options for renters.7
(e) Accessory dwelling units can also help to provide housing for 8
very low-income households. More than 10 percent of accessory 9
dwelling units in some areas are occupied by tenants who pay no rent 10
at all; among these tenants are grandparents, adult children, family 11
members with disabilities, friends going through life transitions, 12
and community members in need. Accessory dwelling units meet the 13
needs of these people who might otherwise require subsidized housing 14
space and resources.15
(f) Accessory dwelling units can meet the needs of Washington's 16
growing senior population, making it possible for this population to 17
age in their communities by offering senior-friendly housing, which 18
prioritizes physical accessibility, in walkable communities near 19
amenities essential to successful aging in place, including transit 20
and grocery stores, without requiring costly renovations of existing 21
housing stock.22
(g) Homeowners who add an accessory dwelling unit may benefit 23
from added income and an increased sense of security.24
(h) Accessory dwelling units provide environmental benefits. On 25
average they are more energy efficient than single detached houses, 26
and they incentivize adaptive reuse of existing homes and materials.27
(i) Siting accessory dwelling units near transit hubs, employment 28
centers, and public amenities can help to reduce greenhouse gas 29
emissions by increasing walkability, shortening household commutes, 30
and curtailing sprawl.31
(2) The legislature intends to promote and encourage the creation 32
of accessory dwelling units as a means to address the need for 33
additional affordable housing options.34
Sec. 2. RCW 36.70A.696 and 2021 c 306 s 2 are each amended to 35
read as follows:36
The definitions in this section apply throughout RCW 36.70A.697 37
((and)), 36.70A.698, and sections 3 and 4 of this act unless the 38
context clearly requires otherwise.39
p. 2 EHB 1337.SL
(1) "Accessory dwelling unit" means a dwelling unit located on 1
the same lot as a single-family housing unit, duplex, triplex, 2
townhome, or other housing unit.3
(2) "Attached accessory dwelling unit" means an accessory 4
dwelling unit located within or attached to a single-family housing 5
unit, duplex, triplex, townhome, or other housing unit.6
(3) "City" means any city, code city, and town located in a 7
county planning under RCW 36.70A.040.8
(4) "County" means any county planning under RCW 36.70A.040.9
(5) "Detached accessory dwelling unit" means an accessory 10
dwelling unit that consists partly or entirely of a building that is 11
separate and detached from a single-family housing unit, duplex, 12
triplex, townhome, or other housing unit and is on the same property.13
(6) "Dwelling unit" means a residential living unit that provides 14
complete independent living facilities for one or more persons and 15
that includes permanent provisions for living, sleeping, eating, 16
cooking, and sanitation.17
(7) "Gross floor area" means the interior habitable area of a 18
dwelling unit including basements and attics but not including a 19
garage or accessory structure.20
(8) "Major transit stop" means:21
(a) A stop on a high capacity transportation system funded or 22
expanded under the provisions of chapter 81.104 RCW;23
(b) Commuter rail stops;24
(c) Stops on rail or fixed guideway systems, including 25
transitways;26
(d) Stops on bus rapid transit routes or routes that run on high 27
occupancy vehicle lanes; or28
(e) Stops for a bus or other transit mode providing actual fixed 29
route service at intervals of at least fifteen minutes for at least 30
five hours during the peak hours of operation on weekdays.31
(((8))) (9) "Owner" means any person who has at least 50 percent 32
ownership in a property on which an accessory dwelling unit is 33
located.34
(((9))) (10) "Principal unit" means the single-family housing 35
unit, duplex, triplex, townhome, or other housing unit located on the 36
same lot as an accessory dwelling unit.37
(11) "Short-term rental" means a lodging use, that is not a hotel 38
or motel or bed and breakfast, in which a dwelling unit, or portion 39
p. 3 EHB 1337.SL
thereof, is offered or provided to a guest by a short-term rental 1
operator for a fee for fewer than 30 consecutive nights.2
NEW SECTION. Sec. 3. A new section is added to chapter 36.70A 3
RCW to read as follows:4
(1)(a) Cities and counties planning under this chapter must adopt 5
or amend by ordinance, and incorporate into their development 6
regulations, zoning regulations, and other official controls the 7
requirements of this section and of section 4 of this act, to take 8
effect six months after the jurisdiction's next periodic 9
comprehensive plan update required under RCW 36.70A.130.10
(b) In any city or county that has not adopted or amended 11
ordinances, regulations, or other official controls as required under 12
this section, the requirements of this section and section 4 of this 13
act supersede, preempt, and invalidate any conflicting local 14
development regulations.15
(2) Ordinances, development regulations, and other official 16
controls adopted or amended pursuant to this section and section 4 of 17
this act must only apply in the portions of towns, cities, and 18
counties that are within urban growth areas designated under this 19
chapter.20
(3) Any action taken by a city or county to comply with the 21
requirements of this section or section 4 of this act is not subject 22
to legal challenge under this chapter or chapter 43.21C RCW.23
(4) Nothing in this section or section 4 of this act requires or 24
authorizes a city or county to authorize the construction of an 25
accessory dwelling unit in a location where development is restricted 26
under other laws, rules, or ordinances as a result of physical 27
proximity to on-site sewage system infrastructure, critical areas, or 28
other unsuitable physical characteristics of a property.29
(5) Nothing in this section or in section 4 of this act prohibits 30
a city or county from:31
(a) Restricting the use of accessory dwelling units for short-32
term rentals;33
(b) Applying public health, safety, building code, and 34
environmental permitting requirements to an accessory dwelling unit 35
that would be applicable to the principal unit, including regulations 36
to protect ground and surface waters from on-site wastewater;37
(c) Applying generally applicable development regulations to the 38
construction of an accessory unit, except when the application of 39
p. 4 EHB 1337.SL
such regulations would be contrary to this section or to section 4 of 1
this act;2
(d) Prohibiting the construction of accessory dwelling units on 3
lots that are not connected to or served by public sewers; or4
(e) Prohibiting or restricting the construction of accessory 5
dwelling units in residential zones with a density of one dwelling 6
unit per acre or less that are within areas designated as wetlands, 7
fish and wildlife habitats, flood plains, or geologically hazardous 8
areas.9
NEW SECTION. Sec. 4. A new section is added to chapter 36.70A 10
RCW to read as follows:11
(1) In addition to ordinances, development regulations, and other 12
official controls adopted or amended to comply with this section and 13
section 3 of this act, a city or county must comply with all of the 14
following policies:15
(a) The city or county may not assess impact fees on the 16
construction of accessory dwelling units that are greater than 50 17
percent of the impact fees that would be imposed on the principal 18
unit;19
(b) The city or county may not require the owner of a lot on 20
which there is an accessory dwelling unit to reside in or occupy the 21
accessory dwelling unit or another housing unit on the same lot;22
(c) The city or county must allow at least two accessory dwelling 23
units on all lots that are located in all zoning districts within an 24
urban growth area that allow for single-family homes in the following 25
configurations:26
(i) One attached accessory dwelling unit and one detached 27
accessory dwelling unit;28
(ii) Two attached accessory dwelling units; or29
(iii) Two detached accessory dwelling units, which may be 30
comprised of either one or two detached structures;31
(d) The city or county must permit accessory dwelling units in 32
structures detached from the principal unit;33
(e) The city or county must allow an accessory dwelling unit on 34
any lot that meets the minimum lot size required for the principal 35
unit;36
(f) The city or county may not establish a maximum gross floor 37
area requirement for accessory dwelling units that is less than 1,000 38
square feet;39
p. 5 EHB 1337.SL
(g) The city or county may not establish roof height limits on an 1
accessory dwelling unit of less than 24 feet, unless the height 2
limitation that applies to the principal unit is less than 24 feet, 3
in which case a city or county may not impose roof height limitation 4
on accessory dwelling units that is less than the height limitation 5
that applies to the principal unit;6
(h) A city or county may not impose setback requirements, yard 7
coverage limits, tree retention mandates, restrictions on entry door 8
locations, aesthetic requirements, or requirements for design review 9
for accessory dwelling units that are more restrictive than those for 10
principal units;11
(i) A city or county must allow detached accessory dwelling units 12
to be sited at a lot line if the lot line abuts a public alley, 13
unless the city or county routinely plows snow on the public alley;14
(j) A city or county must allow accessory dwelling units to be 15
converted from existing structures, including but not limited to 16
detached garages, even if they violate current code requirements for 17
setbacks or lot coverage;18
(k) A city or county may not prohibit the sale or other 19
conveyance of a condominium unit independently of a principal unit 20
solely on the grounds that the condominium unit was originally built 21
as an accessory dwelling unit; and22
(l) A city or county may not require public street improvements 23
as a condition of permitting accessory dwelling units.24
(2)(a) A city or county subject to the requirements of this 25
section may not:26
(i) Require off-street parking as a condition of permitting 27
development of accessory dwelling units within one-half mile walking 28
distance of a major transit stop;29
(ii) Require more than one off-street parking space per unit as a 30
condition of permitting development of accessory dwelling units on 31
lots smaller than 6,000 square feet before any zero lot line 32
subdivisions or lot splits; and33
(iii) Require more than two off-street parking spaces per unit as 34
a condition of permitting development of accessory dwelling units on 35
lots greater than 6,000 square feet before any zero lot line 36
subdivisions or lot splits.37
(b) The provisions of (a) of this subsection do not apply:38
(i) If a local government submits to the department an empirical 39
study prepared by a credentialed transportation or land use planning 40
p. 6 EHB 1337.SL
expert that clearly demonstrates, and the department finds and 1
certifies, that the application of the parking limitations of (a) of 2
this subsection for accessory dwelling units will be significantly 3
less safe for vehicle drivers or passengers, pedestrians, or 4
bicyclists than if the jurisdiction's parking requirements were 5
applied to the same location for the same number of detached houses. 6
The department must develop guidance to assist cities and counties on 7
items to include in the study; or8
(ii) To portions of cities within a one mile radius of a 9
commercial airport in Washington with at least 9,000,000 annual 10
enplanements.11
(3) When regulating accessory dwelling units, cities and counties 12
may impose a limit of two accessory dwelling units, in addition to 13
the principal unit, on a residential lot of 2,000 square feet or 14
less.15
(4) The provisions of this section do not apply to lots 16
designated with critical areas or their buffers as designated in RCW 17
36.70A.060, or to a watershed serving a reservoir for potable water 18
if that watershed is or was listed, as of the effective date of this 19
section, as impaired or threatened under section 303(d) of the 20
federal clean water act (33 U.S.C. Sec. 1313(d)).21
*NEW SECTION. Sec. 5. A new section is added to chapter 36.70A 22
RCW to read as follows:23
To encourage the use of accessory dwelling units for long-term 24
housing, cities and counties may adopt ordinances, development 25
regulations, and other official controls which waive or defer fees, 26
including impact fees, defer the payment of taxes, or waive specific 27
regulations. Cities and counties may only offer such reduced or 28
deferred fees, deferred taxes, waivers, or other incentives for the 29
development or construction of accessory dwelling units if:30
(1) The units are located within an urban growth area; and31
(2) The units are subject to a program adopted by the city or 32
county with effective binding commitments or covenants that the units 33
will be primarily utilized for long-term housing consistent with the 34
public purpose for this authorization.35
*Sec. 5 was vetoed. See message at end of chapter.
Sec. 6. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to 36
read as follows:37
p. 7 EHB 1337.SL
(1) Adoption of ordinances, development regulations and 1
amendments to such regulations, and other nonproject actions taken by 2
a city to implement: The actions specified in section 2, chapter 246, 3
Laws of 2022 unless the adoption of such ordinances, development 4
regulations and amendments to such regulations, or other nonproject 5
actions has a probable significant adverse impact on fish habitat; 6
and the increased residential building capacity actions identified in 7
RCW 36.70A.600(1), with the exception of the action specified in RCW 8
36.70A.600(1)(f), are not subject to administrative or judicial 9
appeals under this chapter.10
(2) Adoption of ordinances, development regulations and 11
amendments to such regulations, and other nonproject actions taken by 12
a city or county consistent with the requirements of sections 3 and 4 13
of this act are not subject to administrative or judicial appeals 14
under this chapter.15
Sec. 7. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to 16
read as follows:17
(1) The growth management hearings board shall hear and determine 18
only those petitions alleging either:19
(a) That, except as provided otherwise by this subsection, a 20
state agency, county, or city planning under this chapter is not in 21
compliance with the requirements of this chapter, chapter 90.58 RCW 22
as it relates to the adoption of shoreline master programs or 23
amendments thereto, or chapter 43.21C RCW as it relates to plans, 24
development regulations, or amendments, adopted under RCW 36.70A.040 25
or chapter 90.58 RCW. Nothing in this subsection authorizes the board 26
to hear petitions alleging noncompliance ((with RCW 36.70A.5801)) 27
based on a city or county's actions taken to implement the 28
requirements of sections 3 and 4 of this act within an urban growth 29
area;30
(b) That the ((twenty-)) 20-year growth management planning 31
population projections adopted by the office of financial management 32
pursuant to RCW 43.62.035 should be adjusted;33
(c) That the approval of a work plan adopted under RCW 34
36.70A.735(1)(a) is not in compliance with the requirements of the 35
program established under RCW 36.70A.710;36
(d) That regulations adopted under RCW 36.70A.735(1)(b) are not 37
regionally applicable and cannot be adopted, wholly or partially, by 38
another jurisdiction; or39
p. 8 EHB 1337.SL
(e) That a department certification under RCW 36.70A.735(1)(c) is 1
erroneous.2
(2) A petition may be filed only by: (a) The state, or a county 3
or city that plans under this chapter; (b) a person who has 4
participated orally or in writing before the county or city regarding 5
the matter on which a review is being requested; (c) a person who is 6
certified by the governor within ((sixty)) 60 days of filing the 7
request with the board; or (d) a person qualified pursuant to RCW 8
34.05.530.9
(3) For purposes of this section "person" means any individual, 10
partnership, corporation, association, state agency, governmental 11
subdivision or unit thereof, or public or private organization or 12
entity of any character.13
(4) To establish participation standing under subsection (2)(b) 14
of this section, a person must show that his or her participation 15
before the county or city was reasonably related to the person's 16
issue as presented to the board.17
(5) When considering a possible adjustment to a growth management 18
planning population projection prepared by the office of financial 19
management, the board shall consider the implications of any such 20
adjustment to the population forecast for the entire state.21
The rationale for any adjustment that is adopted by the board 22
must be documented and filed with the office of financial management 23
within ten working days after adoption.24
If adjusted by the board, a county growth management planning 25
population projection shall only be used for the planning purposes 26
set forth in this chapter and shall be known as the "board adjusted 27
population projection." None of these changes shall affect the 28
official state and county population forecasts prepared by the office 29
of financial management, which shall continue to be used for state 30
budget and planning purposes.31
NEW SECTION. Sec. 8. A new section is added to chapter 36.70A 32
RCW to read as follows:33
(1) By December 31, 2023, the department must revise its 34
recommendations for encouraging accessory dwelling units to include 35
the provisions of sections 3 and 4 of this act.36
(2) During each comprehensive plan review required by RCW 37
36.70A.130, the department must review local government comprehensive 38
plans and development regulations for compliance with sections 3 and 39
p. 9 EHB 1337.SL
4 of this act and the department's recommendations under subsection 1
(1) of this section.2
NEW SECTION. Sec. 9. A new section is added to chapter 64.34 3
RCW to read as follows:4
(1) Except a declaration created to protect public health and 5
safety, and ground and surface waters from on-site wastewater, a 6
declaration created after the effective date of this section and 7
applicable to a property located within an urban growth area may not 8
impose any restriction or prohibition on the construction, 9
development, or use on a lot of an accessory dwelling unit that the 10
city or county in which the urban growth area is located would be 11
prohibited from imposing under section 4 of this act.12
(2) For the purposes of this section, "urban growth area" has the 13
same meaning as in RCW 36.70A.030.14
(3) A city or county issuing a permit for the construction of an 15
accessory dwelling unit may not be held civilly liable on the basis 16
that the construction of the accessory dwelling unit would violate a 17
restrictive covenant or deed restriction.18
NEW SECTION. Sec. 10. A new section is added to chapter 64.32 19
RCW to read as follows:20
(1) Except a declaration created to protect public health and 21
safety, and ground and surface waters from on-site wastewater, a 22
declaration created after the effective date of this section and 23
applicable to a property located within an urban growth area may not 24
impose any restriction or prohibition on the construction, 25
development, or use on a lot of an accessory dwelling unit that the 26
city or county in which the urban growth area is located would be 27
prohibited from imposing under section 4 of this act.28
(2) For the purposes of this section, "urban growth area" has the 29
same meaning as in RCW 36.70A.030.30
(3) A city or county issuing a permit for the construction of an 31
accessory dwelling unit may not be held civilly liable on the basis 32
that the construction of the accessory dwelling unit would violate a 33
restrictive covenant or deed restriction.34
NEW SECTION. Sec. 11. A new section is added to chapter 64.38 35
RCW to read as follows:36
p. 10 EHB 1337.SL
(1) Except governing documents of associations created to protect 1
public health and safety, and ground and surface waters from on-site 2
wastewater, governing documents of associations created after the 3
effective date of this section and applicable to a property located 4
within an urban growth area may not impose any restriction or 5
prohibition on the construction, development, or use on a lot of an 6
accessory dwelling unit that the city or county in which the urban 7
growth area is located would be prohibited from imposing under 8
section 4 of this act.9
(2) For the purposes of this section, "urban growth area" has the 10
same meaning as in RCW 36.70A.030.11
(3) A city or county issuing a permit for the construction of an 12
accessory dwelling unit may not be held civilly liable on the basis 13
that the construction of the accessory dwelling unit would violate a 14
restrictive covenant or deed restriction.15
NEW SECTION. Sec. 12. A new section is added to chapter 64.90 16
RCW to read as follows:17
(1) Except declarations and governing documents of common 18
interest communities created to protect public health and safety, and 19
ground and surface waters from on-site wastewater, declarations and 20
governing documents of common interest communities created after the 21
effective date of this section and applicable to a property located 22
within an urban growth area may not impose any restriction or 23
prohibition on the construction, development, or use on a lot of an 24
accessory dwelling unit that the city or county in which the urban 25
growth area is located would be prohibited from imposing under 26
section 4 of this act.27
(2) For the purposes of this section, "urban growth area" has the 28
same meaning as in RCW 36.70A.030.29
(3) A city or county issuing a permit for the construction of an 30
accessory dwelling unit may not be held civilly liable on the basis 31
that the construction of the accessory dwelling unit would violate a 32
restrictive covenant or deed restriction.33
NEW SECTION. Sec. 13. The following acts or parts of acts are 34
each repealed:35
(1) RCW 35.63.210 (Accessory apartments) and 1993 c 478 s 8;36
(2) RCW 35A.63.230 (Accessory apartments) and 1993 c 478 s 9;37
(3) RCW 36.70A.400 (Accessory apartments) and 1993 c 478 s 11;38
p. 11 EHB 1337.SL
(4) RCW 36.70.677 (Accessory apartments) and 1993 c 478 s 10; and1
(5) RCW 43.63A.215 (Accessory apartments—Development and 2
placement—Local governments) and 1993 c 478 s 7.3
Passed by the House April 14, 2023.
Passed by the Senate April 6, 2023.
Approved by the Governor May 8, 2023, with the exception of
certain items that were vetoed.
Filed in Office of Secretary of State May 10, 2023.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to Section 5,
Engrossed House Bill No. 1337 entitled:
"AN ACT Relating to expanding housing options by easing barriers
to the construction and use of accessory dwelling units."
Section 5 of the bill gives local governments authority to waive or
defer fees, defer payment of taxes, or waive other regulations for
the development of accessory dwelling units (ADUs) if specified
conditions are met. The specified conditions are that the ADU must be
located within an urban growth area, and the ADU must be subject to a
locally adopted covenant program ensuring that the ADU will be
primarily utilized for long-term housing. Current law allows local
governments to waive fees, taxes, and to establish various incentives
for the construction of ADUs without requiring the creation of a
local covenant program. The administrative costs necessary to
administer a new covenant program for ADUs may cause some cities to
discontinue current incentive programs.
For these reasons I have vetoed Section 5 of Engrossed House Bill No.
1337.
With the exception of Section 5, Engrossed House Bill No. 1337 is
approved."
--- END ---
p. 12 EHB 1337.SL
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V3.1
TIER 1 AND 2 CITIES MIDDLE HOUSING MODEL ORDINANCE
January 23, 2024
The Tier 1 provisions of this Middle Housing Model Ordinance apply to cities with a population of at least
75,000 based on 2020 Office of Financial Management population estimates. The Tier 2 provisions of this
Middle Housing Model Ordinance apply to cities with a population of at least 25,000 but less than 75,000
based on 2020 Office of Financial Management population estimates.
The Department of Commerce’s authority to publish this Model Ordinance is provided in RCW 36.70A.636(2)(a)
and (b), which state:
“(2) (a) The department shall publish model middle housing ordinances no later than six months following
July 23, 2023.
(b) In any city subject to RCW 36.70A.635 that has not passed ordinances, regulations, or other official
controls within the time frames provided under RCW 36.70A.635(11), the model ordinance supersedes,
preempts, and invalidates local development regulations until the city takes all actions necessary to
implement RCW 36.70A.635.”
The Model Ordinances have two text styles meant to address HB 1110 implementation:
• Bold text in the Model Ordinances represents provisions from RCW 36.70A.635 that cities subject to the
law must implement.
• The non-bold text are standards that are optional for a city to use. Cities may choose to revise these
optional standards, as well as adopt all, some, or none of the optional provisions. However, the non-bold
text will apply to a city that does not pass ordinances, regulations, or other local controls to implement
House Bill 1110 within the time frame required by RCW 36.70A.635(11), until such time the city takes all
actions necessary to implement RCW 36.70A.635. Certain optional standards are included in the Model
Ordinance for this specific reason, to allow a city to have basic standards for certain middle housing types
(such as cottage housing) should the Model Ordinance temporarily be in effect.
The diagram below summarizes the scenarios in which this Model Ordinance applies.
MIDDLE HOUSING MODEL ORDINANCE TIER 1 AND 2 CITIES
2 JANUARY 23, 2024 | TIER 1 AND 2 CITIES MIDDLE HOUSING MODEL ORDINANCE
V3.1
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY/TOWN OF _________, WASHINGTON, IMPLEMENTING THE
REQUIREMENTS OF ENGROSSED SUBSTITUTE HOUSE BILL (E2SHB) 1110, ADDING NEW
SECTIONS ________________, AMENDING SECTIONS_____________, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 2023 the Washington State legislature passed Engrossed Substitute House Bill (E2SHB)
1110 (chapter 332, Laws of 2023) related to middle housing; and
WHEREAS, in passing E2SHB 1110 (chapter 332, Laws of 2023) the State legislature found that
Washington is facing an unprecedented housing crisis for its current population and a lack of housing
choices, and is not likely to meet affordability goals for future populations; and
WHEREAS, the State legislature further found that in order to meet the goal of 1,000,000 new homes
statewide by 2044, and enhanced quality of life and environmental protection, innovative housing policies
will need to be adopted and that increasing housing options that are more affordable to various income
levels is critical to achieving the state's housing goals, including those established by the legislature in
Engrossed Second Substitute House Bill No. 1220 (chapter 254, Laws of 2021); and
WHEREAS, the State legislature further found:
There is continued need for the development of housing at all income levels, including middle housing
that will provide a wider variety of housing options and configurations to allow Washingtonians to live
near where they work;
Homes developed at higher densities are more affordable by design for Washington residents both in
their construction and reduced household energy and transportation costs;
While creating more housing options, it is essential for cities to identify areas at higher risk of
displacement and establish anti-displacement policies as required in Engrossed Second Substitute
House Bill No. 1220 (chapter 254, Laws of 2021);
The state has made historic investments in subsidized affordable housing through the housing trust
fund, yet even with these historic investments, the magnitude of the housing shortage requires both
public and private investment;
and
In addition to addressing the housing shortage, allowing more housing options in areas already served
by urban infrastructure will reduce the pressure to develop natural and working lands, support key
strategies for climate change, food security, and Puget Sound recovery, and save taxpayers and
ratepayers money.
WHEREAS, on _______________, the city/town council passed Ordinance No. __________ incorporating
middle housing policies into the Housing Element of the Comprehensive Plan as required by House Bill
1220 (chapter 254, Laws of 2021); and
3 JANUARY 23, 2024 | TIER 1 AND 2 CITIES MIDDLE HOUSING MODEL ORDINANCE
V3.1
WHEREAS, on _______________, the city/town transmitted a copy of the proposed ordinance to the
Washington State Department of Commerce in accordance with RCW 36.70A.106 at least 60 days in
advance of adoption for the required 60-day State review period; and
WHEREAS, on _______________, the city/town issued a State Environmental Policy Act (SEPA)
Determination of Non-Significance (DNS) on the proposed ordinance, which is a non-project proposal: and
WHEREAS, during the course of developing the proposed ordinance, various means of public outreach
were used including, but not limited to, public meetings, a middle housing webpage, presentations at
various community groups, notification of public hearings; and
WHEREAS, the city/town planning commission held work sessions on _________ to study and review
matters related to implementing ES2HB 1110; (chapter 332, Laws of 2023) and
WHEREAS, on ___________, the city/town Planning Commission held a duly noticed public hearing on the
proposed ordinance, accepted testimony and made a recommendation to the ________city/town council;
and
WHEREAS, on _______________, the city/town council held a duly noticed public hearing to consider the
planning commission recommendation and accept public testimony; and
WHEREAS, adoption of the ordinance will bring the city/town into compliance with ES2HB 1110 (chapter
332, Laws of 2023) and will serve the general welfare of the public;
NOW THEREFORE BE IT ORDAINED BY THE CITY/TOWN COUNCIL AS FOLLOWS
4 JANUARY 23, 2024 | TIER 1 AND 2 CITIES MIDDLE HOUSING MODEL ORDINANCE
V3.1
Section 1 – Purpose
The purpose of this middle housing ordinance (“ordinance”) is to:
A. Implement Engrossed Second Substitute House Bill 1110, codified in RCW 36.70A.030, 36.70A.280,
36.70A.635, 36.70A.636, 36.70A.637, 36.70A.638, 43.21C.495, and 43.21C.450, 64.32, 64.34, and 64.38,
and 64.90, by providing land use, development, design, and other standards for middle housing developed
on all lots zoned predominantly for residential use.
B. If necessary, supersede, preempt, and invalidate the city’s development regulations that conflict with this
ordinance until such time the city takes all actions necessary to implement RCW 36.70A.635, if the city
has not taken action necessary to implement RCW 36.70A.635 by the time frame required by RCW
36.70A.635(11). The model ordinance shall remain in effect until the city has taken all necessary actions
to implement RCW 36.70A.635.
5 JANUARY 23, 2024 | TIER 1 AND 2 CITIES MIDDLE HOUSING MODEL ORDINANCE
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Section 2 – General Provisions
A. Nothing in this ordinance prohibits the city from permitting detached single-family residences.
B. Nothing in this ordinance prohibits the city from requiring any development, including middle housing
development, to provide affordable housing, either on-site or through an in-lieu payment, nor limit the
city's ability to expand or modify the requirements of an existing affordable housing program enacted
under RCW 36.70A.540.
C. Nothing in this ordinance requires the issuance of a building permit if other federal, state, and local
requirements for a building permit are not met.
D. Nothing in this ordinance affects or modifies the responsibilities of the city to plan for or provide “urban
governmental services” as defined in RCW 36.70A.030.
E. The city shall not approve a building permit for middle housing without compliance with the adequate
water supply requirements of RCW 19.27.097.
F. The city shall not require through development regulations any standards for middle housing that are
more restrictive than those required for detached single-family residences, but may apply any objective
development regulations that are required for detached single-family residences, including, but not
limited to, set-back, lot coverage, stormwater, clearing, and tree canopy and retention requirements to
ensure compliance with existing ordinances intended to protect critical areas and public health and
safety.
G. The same development permit and environmental review processes shall apply to middle housing that
apply to detached single-family residences, unless otherwise required by state law including, but not
limited to, shoreline regulations under chapter 90.58 RCW, building codes under chapter 19.27 RCW,
energy codes under chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW.
H. Conflicts. In the event of a conflict between this ordinance and other development regulations applicable to
middle housing, the standards of this ordinance control.
6 JANUARY 23, 2024 | TIER 1 AND 2 CITIES MIDDLE HOUSING MODEL ORDINANCE
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Section 3 – Definitions
The following definitions shall apply for the purposes of this ordinance, notwithstanding other definitions in the
city’s development regulations:
“Administrative design review" means a development permit process whereby an application is reviewed,
approved, or denied by the planning director or the planning director's designee based solely on objective
design and development standards without a public predecision hearing, unless such review is otherwise
required by state or federal law, or the structure is a designated landmark or historic district established
under a local preservation ordinance. A city may utilize public meetings, hearings, or voluntary review boards
to consider, recommend, or approve requests for variances from locally established design review standards.
“All lots zoned predominantly for residential use” means all zoning districts in which residential dwellings are
the predominant use. This excludes lands zoned primarily for commercial, industrial, and/or public uses, even
if those zones allow for the development of detached single-family residences. This also excludes lands zoned
primarily for mixed uses, even if those zones allow for the development of detached single-family residences, if
the zones permit by-right multifamily use and a variety of commercial uses, including but not limited to retail,
services, eating and drinking establishments, entertainment, recreation, and office uses.
“Cottage housing" means residential units on a lot with a common open space that either: (a) Is owned in
common; or (b) has units owned as condominium units with property owned in common and a minimum of 20
percent of the lot size as open space.
"Courtyard apartments" means up to four attached dwelling units arranged on two or three sides of a yard or
court.”
“Development regulations” means any controls placed on development or land use activities by the city,
including, but not limited to, zoning ordinances, official controls, subdivision ordinances, and binding site plan
ordinances.
“Duplex” means a residential building with two attached dwelling units.
“Fiveplex” means a residential building with five attached dwelling units.
“Fourplex” means a residential building with four attached dwelling units.
“Major transit stop” means a stop on a high capacity transportation system funded or expanded under the
provisions of chapter 81.104 RCW, commuter rail stops, stops on rail or fixed guideway systems, and stops
on bus rapid transit routes.
“Middle housing” means buildings that are compatible in scale, form, and character with single-family
houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes,
fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.
“Single-family zones” means those zones where single-family detached residences are the predominant land
use.
“Sixplex” means a residential building with six attached dwelling units.
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“Stacked flat” means dwelling units in a residential building of no more than three stories on a residential
zoned lot in which each floor may be separately rented or owned.
“Tier 1 city” means a city with a population of at least 75,000 based on 2020 Office of Financial Management
population estimates.
“Tier 2 city” means a city with a population of at least 25,000 but less than 75,000 based on 2020 Office of
Financial Management population estimates.
“Triplex” means a residential building with three attached dwelling units.
“Townhouses” means buildings that contain three or more attached single-family dwelling units that extend
from foundation to roof and that have a yard or public way on not less than two sides.
“Unit density” means the number of dwelling units allowed on a lot, regardless of lot size.
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Section 4 – Applicability
A. The provisions of this ordinance shall apply to all lots zoned predominantly for residential use.
B. The provisions of this ordinance do not apply to:
1. Lots designated with critical areas designated under RCW 36.70A.170 or their buffers as required by
RCW 36.70A.170.
2. A watershed serving a reservoir for potable water if that watershed is or was listed, as of July 23,
2023, as impaired or threatened under section 303(d) of the federal clean water act (33 U.S.C. Sec.
1313(d)).
3. Lots that have been designated urban separators by countywide planning policies as of July 23, 2023.
9 JANUARY 23, 2024 | TIER 1 AND 2 CITIES MIDDLE HOUSING MODEL ORDINANCE
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Section 5 – Unit Density
Tier 1 Cities
A. The permitted unit density on all lots zoned predominantly for residential use is:
1. Four units per lot, unless zoning permitting higher densities or intensities applies.
2. Six units per lot on all lots within one-quarter mile walking distance of a major transit stop, unless
zoning permitting higher densities or intensities applies.
3. Six units per lot if at least two units on the lot are affordable housing meeting the requirements of
subsections (C) through (H) below, unless zoning permitting higher densities or intensities applies.
B. The standards of subsection (A) do not apply to lots after subdivision below 1,000 square feet unless the
city has enacted an allowable lot size below 1,000 square feet in the zone.
Tier 2 Cities
A. The permitted unit density on all lots zoned predominantly for residential use is:
1. Two units per lot, unless zoning permitting higher densities or intensities applies.
2. Four units per lot on all lots within one-quarter mile walking distance of a major transit stop, unless
zoning permitting higher densities or intensities applies.
3. Four units per lot if at least one unit on the lot is affordable housing meeting the requirements of
subsections (C) through (H) below, unless zoning permitting higher densities or intensities applies.
B. The standards of subsection (A) do not apply to lots after subdivision below 1,000 square feet unless the
city has enacted an allowable lot size below 1,000 square feet in the zone.
Tier 1 and 2 Cities
C. To qualify for additional units under the affordable housing provisions of Section 5(A), an applicant shall
commit to renting or selling the required number of units as affordable housing and meeting the
standards of subsections (D) through (H) below.
D. Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone,
that do not exceed 30 percent of the monthly income of a household whose income does not exceed the
following percentages of median household income adjusted for household size, for the county where the
household is located, as reported by the United States Department of Housing and Urban Development:
1. Rental housing: 60 percent.
2. Owner-occupied housing: 80 percent.
E. The units shall be maintained as affordable for a term of at least 50 years, and the property shall satisfy
that commitment and all required affordability and income eligibility conditions.
10 JANUARY 23, 2024 | TIER 1 AND 2 CITIES MIDDLE HOUSING MODEL ORDINANCE
V3.1
F. The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership
of units subject to these affordability requirements consistent with the conditions in chapter 84.14 RCW
for a period of no less than 50 years.
G. The covenant or deed restriction shall address criteria and policies to maintain public benefit if the
property is converted to a use other than that which continues to provide for permanently affordable
housing.
H. The units dedicated as affordable housing shall:
1. Be provided in a range of sizes comparable to other units in the development.
2. The number of bedrooms in affordable units shall be in the same proportion as the number of
bedrooms in units within the entire development.
3. Generally, be distributed throughout the development and have substantially the same functionality
as the other units in the development.
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Section 6 – Middle Housing Types Allowed
Subject to the requirements of RCW 36.70A.635(5), on all lots zoned predominantly for residential use the
following uses are permitted by-right, unless zoning permitting higher densities or intensities than those listed
Section 5 of this ordinance applies:
A. Duplexes.
B. Triplexes.
C. Fourplexes.
D. Fiveplexes.
E. Sixplexes.
F. Townhouses.
G. Stacked flats.
H. Courtyard apartments.
I. Cottage housing.
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Section 7 – Dimensional Standards
A. Applicability.
1. The city shall not require through development regulations any standards for middle housing that are
more restrictive than those required for detached single-family residences, but may apply any
objective development regulations that are required for detached single-family residences. This
includes, but is not limited to, the following types of dimensional standards: building height, setbacks,
lot coverage, floor area ratio, lot area and lot dimension, impervious surface, open space, and
landscaped area standards.
2. Dimensional standards invalidated by this section are replaced by the dimensional standards provided
in this section.
B. Density. Lot area requirements and unit density shall comply with Section 5 of this ordinance. Other
restrictions, such as minimum lot area per unit, or maximum number of housing units per acre, are invalid
in relationship to the minimum number of units per lot that the city must allow under RCW 36.70A.635.
C. Units per structure. Minimum and maximum numbers of dwelling units per structure for middle housing are
invalid, except as provided by the definitions of middle housing types in Section 2 of this ordinance.
D. Maximum building height: 35 feet. A maximum building height limit for middle housing of less than 35 feet
is invalid.
1. Building height shall be measured in accordance with the city’s development regulations.
2. Rooftop appurtenances shall be regulated and measured in accordance with the city’s development
regulations.
E. Minimum setbacks.
1. The minimum required setbacks are as follows. Minimum building setbacks from property lines for
middle housing buildings greater than the following are invalid:
a. Street or front: 15 feet, except 10 feet for lots with a unit density of three or more.
b. Street or front, garage door (where accessed from a street): 20 feet.
c. Side street: Five feet.
d. Side interior: Five feet, and zero feet for attached units internal to the development.
e. Rear, without an alley: 15 feet, except 10 feet for lots with a unit density of three or more.
f. Rear alley: Zero feet, and three feet for a garage door where it is accessed from the alley.
2. Setback projections.
a. Covered porches and entries may project up to five feet into required front and rear setbacks.
b. Balconies and bay windows may project up to three feet into required front and rear setbacks.
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c. Required parking spaces may occupy required setbacks.
d. Other setback projections shall be regulated and measured in accordance with the city’s
development regulations.
F. Maximum lot coverage.
1. The maximum lot coverage for middle housing is as follows. Maximum lot coverage less than the
following is invalid:
a. For lots with a unit density of six: 55 percent.
b. For lots with a unit density of four or five: 50 percent.
c. For lots with a unit density of three or less: 45 percent.
2. Unless the city has a different pre-existing approach to measuring lot coverage, lot coverage is
measured as follows: the total area of a lot covered by buildings or structures divided by the total
amount of site area minus any required or planned dedication of public rights-of-way and/or
designation of private rights-of-way. Lot coverage does not include building overhangs such as roof
eaves, bay windows, or balconies and it does not include paved surfaces.
G. Maximum floor area ratio (FAR).
1. Maximum FAR for middle housing is as follows. Maximum floor area ratio less than the following is
invalid:
Unit density on the lot Maximum floor area ratio (FAR)
1 0.6
2 0.8
3 1.0
4 1.2
5 1.4
6 1.6
2. Unless the city has a different pre-existing approach to measuring FAR, FAR is measured as follows:
the total interior floor area of buildings or structures on a site, excluding features listed in subsection
(G)(3) below, divided by the total amount of site area minus any required or planned dedication of
public rights-of-way and/or designation of private rights-of-way. For example, a maximum floor area
ratio of 1.0 (1 to 1) means one square feet of floor area is allowed for every one square foot of site
area.
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3. Unless FAR is measured differently by the city’s development regulations, the following are not included
in the calculation of interior floor area:
a. Cottage housing developments meeting the standards of Section 8 of this ordinance.
b. Unoccupied accessory structures, up to a maximum equal to 250 square feet per middle housing
unit.
c. Basements, as defined by the city’s development regulations.
d. Unenclosed spaces such as carports, porches, balconies, and rooftop decks.
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Section 8 – Design Standards
A. Applicability.
1. These standards apply to all middle housing types, except for the specific cottage housing and
courtyard apartment standards which apply to only those types.
2. For the purposes of this section, a “street” refers to any public or private street and does not include
alleys.
3. These design standards do not apply to the conversion of a structure to a middle housing type with up
to four attached units, if the floor area of the structure does not increase more than 50 percent.
B. Purpose. The purpose of these standards is to:
1. Promote compatibility of middle housing with other residential uses, including single-family houses.
2. De-emphasize garages and driveways as major visual elements along the street.
3. Provide clear and accessible pedestrian routes between buildings and streets.
4. Implement the definitions of cottage housing and courtyard apartments provided by state law.
C. Design review. The process used for reviewing compliance with middle housing design standards shall be
administrative design review.
D. Cottage housing.
1. Cottage size. Cottages shall each have no more than 1,600 square feet of net floor area, excluding
attached garages.
2. Open space. Open space shall be provided equal to a minimum 20 percent of the lot size. This may
include common open space, private open space, setbacks, critical areas, and other open space.
3. Common open space.
a. At least one outdoor common open space is required.
b. Common open space shall be provided equal to a minimum of 300 square feet per cottage. Each
common open space shall have a minimum dimension of 15 feet on any side.
c. Orientation. Common open space shall be bordered by cottages on at least two sides. At least half
of cottage units in the development shall abut a common open space and have the primary entrance
facing the common open space.
d. Parking areas and vehicular areas shall not qualify as common open space.
e. Critical areas and their buffers, including steep slopes, shall not quality as common open space.
4. Entries. All cottages shall feature a roofed porch at least 60 square feet in size with a minimum
dimension of five feet on any side facing the street and/or common open space.
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5. Community building.
a. A cottage housing development shall contain no more than one community building.
b. A community building shall have no more than 2,400 square feet of net floor area, excluding
attached garages.
c. A community building shall have no minimum off-street parking requirement.
E. Courtyard apartments.
1. Common open space.
a. At least one outdoor common open space is required.
b. Common open space shall be bordered by dwelling units on two or three sides.
c. Common open space shall be a minimum dimension of 15 feet on any side.
d. Parking areas and vehicular areas do not qualify as a common open space.
2. Entries. Ground-related courtyard apartments shall feature a covered pedestrian entry, such as a
covered porch or recessed entry, with minimum weather protection of three feet by three feet, facing
the street or common open space.
F. Pedestrian access. A paved pedestrian connection at least three feet wide is required between each middle
housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet
this requirement.
G. Vehicle access, carports, garages, and driveways.
1. For lots abutting an improved alley that meets the city’s standard for width, vehicular access shall be
taken from the alley. Lots without access to an improved alley and taking vehicular access from a
street shall meet the other standards of subsection (G)(2) through (5) below.
2. Garages, driveways, and off-street parking areas shall not be located between a building and a street,
except when either of the following conditions are met:
a. The combined width of all garages, driveways, and off-street parking areas does not exceed a total
of 60 percent of the length of the street frontage property line. This standard applies to buildings and
not individual units; or
b. The garage, driveway, or off-street parking area is separated from the street property line by a
dwelling; or
c. The garage, driveway, or off-street parking is located more than 100 feet from a street.
3. All detached garages and carports shall not protrude beyond the front building façade.
4. The total width of all driveway approaches shall not exceed 32 feet per frontage, as measured at the
property line. Individual driveway approaches shall not exceed 20 feet in width.
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5. Local jurisdiction requirements for driveway separation and access from collector streets and arterial
streets shall apply.
H. Landscaping. Development regulations for landscaping and tree standards for middle housing shall be
equally or less restrictive than those required for detached single-family residences.
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Section 9 – Parking Standards
A. Off-street parking for middle housing shall be subject to the following:
1. No off-street parking shall be required within one-half mile walking distance of a major transit stop.
2. A maximum of one off-street parking space per unit shall be required on lots smaller than 6,000
square feet, before any zero lot line subdivisions or lot splits.
3. A maximum of two off-street parking spaces per unit shall be required on lots greater than 6,000
square feet before any zero lot line subdivisions or lot splits.
B. The provisions of subsection (A) do not apply to:
1. Portions of the city for which the Department of Commerce has certified a parking study in
accordance with RCW 36.70A.635(7)(a), in which case off-street parking requirement shall be as
provided in the certification from the Department of Commerce.
2. Portions of the city within a one-mile radius of a commercial airport in Washington with at least
9,000,000 annual enplanements in accordance with RCW 36.70A.635(7)(b).
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Section 10 – Infrastructure Standards
A. Transportation. Regulations for driveways, frontage improvements, alley improvements, and other
transportation public works and engineering standards shall not be more restrictive for middle housing
than for detached single-family residences, except as addressed by this ordinance.
B. Lot Access/Road Standards.
1. Private driveway access shall be permitted for middle housing development with any number of units
when a fire apparatus access road is within 150 feet of all structures on the lot and all portions of the
exterior walls of the first story of the buildings, as measured by an approved route around the exterior
of the buildings.
2. When a fire apparatus road is not within 150 feet of all structures on the lot, subsection (B)(1) does not
apply and one of the following conditions must be met:
a. The building is equipped throughout with an approved automatic sprinkler system meeting
International Fire Code requirements.
b. No more than two units are accessed via the same private driveway.
c. Fire apparatus access roads cannot be installed because of location on property, topography,
waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of
fire protection is provided.
3. Private driveways shall not be required to be wider than 12 feet and shall not be required to have
unobstructed vertical clearance more than 13 feet six inches except when it is determined to be in
violation of the International Fire Code or other fire, life, and safety standards, such as sight distance
requirements.
4. Private driveway access, separate from access to an existing home, shall be permitted unless it is
determined to be in violation of the Fire Code or other fire, life, safety standards, such as sight distance
requirements.
5. This subsection is not intended to limit the applicability of the adopted fire code, except as otherwise
presented in this subsection.
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Section 11 – Severability
If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 12 – Authority to Make Necessary Corrections
The City/Town Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this
Ordinance including, but not limited to, the correction of scrivener’s clerical errors, references, ordinance
numbering, section/subsection numbers, and any references thereto.
Section 13 – Effective Date
The ordinance shall take effect and be in full force five days after publication of the attached summary which
is hereby approved.
APPROVED
_____________________________
MAYOR
ATTEST/AUTHENTICATED: __________________________
CITY/TOWN CLERK
APPROVED AS TO FORM: __________________________
OFFICE OF THE CITY/TOWN ATTORNEY:
PASSED BY THE CITY/TOWN COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
City of Yakima Planning Commission
Zoning Updates
May 8, 2024
1. Mixed-Use
Since the mixed-use standards were updated recently, staff has identified some clarifications
intended to make the section more useable. We would also like to explore whether the mixed-
use standards should apply generally to both multifamily and commercial development in the
CBD.
15.09.025 Mixed-use buildings and downtown business district
multifamily development.
A. Purpose and Intent.
1. To provide a streamlined process for new development or redevelopment projects that
include a mixture of high density residential along with complementary retail, commercial, or
professional uses at a scale that is compatible with the surrounding neighborhood.
2. These standards shall also apply to new multifamily or commercial development or
multifamily or commercial redevelopment in the downtown business district. MNew or
redevelopedultifamily multifamily or commercial uses within this area shall comply with all of
the following development and design standards excluding those which are only relevant to the
nonresidential portion of a mixed-use building.
3. a. For the purpose of implementing this section, the “downtown business district” shall be
defined as the downtown business district exempt area—See YMC 15.06.040, Figure 6-1.
B. Level of Review—Mixed-use building Uses.
1. MA new or redeveloped mixed-use building and downtown business district multifamily
development is a Class (1) permitted use, requiring Type (1) review, in applicable zones and is
determined to be the appropriate level of review for any combination of Class (1) and Class (2)
uses listed in those zones.
2. Any combination of uses which includes a Class (3) permitted use shall undergo Type (2)
review.
3. The mixed-use building/development land use shall not allow contain any use which is
otherwise not permitted in the zone.
4. A new mixed-use building that does not meet the layout requirement of subsection (D)(1)
of this section shall undergo Type (2) review or be reviewed based upon its particular uses as
listed in Table 4-1, whichever is higher.
5. An existing building that does not meet the layout requirement of subsection (D)(2) of this
section shall still be subject to the other development standards of that subsection.A new mixed-use
building located in the downtown business district shall also comply with YMC 15.09.026.
C. Prohibited Uses. The following uses are prohibited in a mixed-use building/development project:
1. All wholesale trade—Storage uses.
2. All transportation uses.
3. All utilities uses.
4. All automotive sales, maintenance and repair, carwash/detailing, paint and body, parts
and accessories, and towing uses.
5. Boats and marine accessories.
6. Farm and implements, tools and heavy construction equipment.
7. Farm supplies.
8. Fuel oil and coal distributers.
9. Lumber yards.
10. Nurseries.
11. All rental uses.
12. Repairs: reupholstery and furniture.
13. Repairs: small engine and garden equipment.
14. Service stations.
15. Truck service stations and shops.
D. Development Standards.
1. Mixed-Use Layout. A mixed-use building should not have any residential dwelling units
located on the ground floor, whenever feasible. There shall be aA minimum of fifty percent
of the total floor area shall be residential dwelling units, and least eighty percent of the
ground floor shall be dedicated for community facility or commercial use.
How should the measurement be defined? Total floor area, lineal frontage, or both?
Examples:
Bremerton: “Pedestrian oriented uses required on a minimum of [50 percent / 60 percent]
“at the ground floor façade.”
Pasco: “At least 30 percent of the floor area of the ground floor or a portion of a mixed-
use development must be dedicated to commercial uses that are accessible to
pedestrians when located on streets other than principal arterials. These standards shall
be applicable for street frontages on arterial streets when they are the main street
frontages.”
Vancouver (WA): single buildings: “A minimum of 50% of the lineal street front of the
ground floor of mixed use buildings along arterial or collector streets shall be devoted to
commercial or office uses. Parking garages devoted in whole or part to commercial or
office uses may be counted towards this requirement, but surface parking may not. Mixed
use buildings along lesser classification streets shall not face this requirement.
Multiple buildings: “At least 20% of the combined gross floor area of the buildings
proposed on the site shall be devoted to residential uses, and at least 20% to
nonresidential uses. Parking garages or portions of garages devoted to residential or
nonresidential uses may be counted towards this requirement, but surface parking may
not.”
Analysis of Recent Mixed-Use Buildings in Downtown Yakima:
Location Ground floor Dwellings Footprint
17 N. 3rd St. 67% commercial 27 27,700 sq. ft.
105 S. 1st St. >75% commercial 16 7,094 sq. ft.
22 N. 2nd St. 2 3,500 sq. ft.
316 E. Yakima Ave. 72% commercial 8 12,200 sq. ft.
2. Height Bonus. In the B-1, B-2, and SCC zoning districts, the maximum height of the building
(YMC 15.05.030, Table 5-1) may be increased to fifty feet if all of the following are met:
a. The majority of the additional building height is used to increase the number of dwelling
units;
b. The additional building height is necessary to accommodate off-street parking
requirements.
c. Additional onsite landscaping is provided equal to a minimum of fifteen percent of the
parking area.
E. Design Standards.
1. Entrances. Primary pedestrian entrances to the building shall face the street frontage or face
common open space which is oriented toward the street.
2. Transparency.
a. There shall be windows on all sides of the building facing streets and pedestrian ways.
b. All floors above the ground floor of a mixed-use building shall contain transparency
consistent with the Washington State Energy Code, including both doors and windows.
c. Within the downtown business district, the ground floor of a mixed-use building shall
contain transparency for the majority of the wall between three and twelve feet above
ground level, including both doors and windows, as measured along street but excluding
alleys. Ground floor transparency shall be visually distinct from the above floors by not
repeating the exact dimensions and placement of windows.
How should the measurement be defined? Total wall area, lineal frontage, or both?
Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.31" + Indent at: 0.56"
Formatted: Indent: Left: 0.56"
Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81"
Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81"
Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81"
Formatted: Numbered + Level: 1 + Numbering Style:A, B, C, … + Start at: 5 + Alignment: Left + Aligned at: 0" + Indent at: 0.25"
Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
Formatted: List Paragraph, No bullets or numbering,Font Alignment: Auto, Pattern: Clear
Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
Examples:
Burien: “Transparent window area or window displays along the majority of the ground
floor façade between 2’ and 8’ above ground level”
Ferndale: between 50% of length/30% total area and 70% of length/50% total area
Walla Walla: “At least 40 percent of the wall area between two feet and 10 feet in height
must be pedestrian friendly. Pedestrian-friendly facades shall have one or more of the
following characteristics:” [transparency, art/architectural treatment, vegetation, open
space]
15.09.026 Downtown business district development.
A. Purpose and Intent.
1. To establish standards for new development or redevelopment projects within the downtown
business district in order to promote efficient land use and a pedestrian-friendly
environment.
2. These standards shall apply to the following in the downtown business district:
a. New mixed-use buildings, pursuant to YMC 15.09.025.
b. New multifamily development.
c. New commercial/nonresidential development, except for the following:
i. Uses exempt from review per YMC 15.13.025.
ii. Uses located in the light industrial zoning district.
3. For the purpose of implementing this section, the “downtown business district” shall be
defined as the downtown business district exempt area—See YMC 15.06.040, Figure 6-1.
B. Development Standards.
1. Parking.
a. Location. Off-street parking shall be located within, behind, below, and/or to the side of
the building. Any side of the building that faces a street shall not be fronted by off-street
parking. However, for corner lots with more than one street frontage, at least one side of
the building that faces the street shall not be fronted by off-street parking.
b. Design. Off-street parking shall be separated from abutting public rights-of-way that
includes an existing or required sidewalk by a landscaping buffer a minimum of four feet
in width consisting of a combination of trees and shrubs. Fencing may substitute for the
required landscaping buffer. Fencing shall be no lower than 18 inches and no higher
than 48 inches in height and shall meet applicable vision clearance triangle standards.
Formatted
Formatted: Numbered + Level: 2 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.53"
Formatted
Formatted
c. Parking located within a structure, whether attached to or detached from the primary
structure, shall be architecturally compatible with the primary structure. Any openings
within a parking structure that do not provide pedestrian or vehicular access shall be
screened from view with decorative grilles or landscaping.
d. These standards shall also apply to standalone parking lots and garages not otherwise
part of a development or structure.
e. A drive-up lane intended to arriving/departing guests, valet service, and other related
functions located at the front of motels and hotels (including extended stay) is not
considered to be parking for the purpose of this section.
C. Design Standards.
1. Entrances. Primary pedestrian entrances to the building shall face the street frontage or face
common open space which is oriented toward the street.
2. Windows Along Streets and Pedestrian Ways.
a. There shall be windows on all sides of the building facing streets and pedestrian ways,
excluding alleys.
b. All floors of a multifamily building shall contain transparency consistent with the
Washington State Energy Code, including both doors and windows.
3. Blank Walls.
a. Defined. “Blank wall” means a wall or portion of a wall that has eight hundred square
feet of vertical surface area without any building modulation, transparency, or other
architectural feature.
b. Along streets and pedestrian ways, a minimum of fifty percent of the wall between three
feet and twelve feet above grade shall be treated with one or more of the following
elements:
i. Architectural variation including but not limited to color, material, and/or modulation.
ii. Artwork, including murals and signs.
iii. Shrubs, trees, trellises, or other landscaping that may be actively maintained.
4. Equipment Screening.
a. Electrical and mechanical equipment placed on the ground surface or rooftop shall be
screened from view by materials that are consistent and compatible with the design,
color, and materials of the building.
Formatted
Formatted
Formatted
Formatted: Numbered + Level: 1 + Numbering Style: i,ii, iii, … + Start at: 1 + Alignment: Left + Aligned at: 0.81" + Indent at: 1.06"
Formatted
b. The height of the parapet and other rooftop elements may be increased in order to
achieve this and shall comply with the height restrictions of YMC 15.05.030 and
15.10.020(D)(1).
5. Parking.
a. Off-street parking shall be installed in accordance with YMC Chapter 15.06, except that
buildings that cannot physically provide on-street residential parking may utilize off-
street private parking through a shared parking agreement, or off-street public parking if
the building is located within the long-term parking boundary (YMC 9.50.220).
6. Multifamily Development Limited Downtown. Multifamily development that does not meet the
definition of mixed-use shall comply with the following standards:
a. New buildings shall have a minimum front setback of ten feet from the property line or
have windows that begin at least three feet above the elevation of the highest adjoining
sidewalk or finished ground surface adjacent to the setback.
b. Multifamily development shall not be permitted in the following locations unless it meets
the definition of mixed-use (YMC 15.09.025):
i. On any corner lot along Yakima Avenue.
ii. Within the Old North Yakima Historic District.
2. Previously Considered Text Changes
Chapter 15.13
TYPE (1) REVIEW
Sections:
15.13.010 Purpose.
15.13.020 When required.
15.13.025 Central business district—Type (1) review exemptions.
15.13.030 Development permit application—Type (1) review.
15.13.040 Review procedures.
15.13.050 Approval.
15.13.060 Denial.
15.13.070 Appeals.
15.13.010 Purpose.
This chapter establishes procedures for issuance of a development permit for uses requiring Type
(1) review.
Formatted
Formatted
Formatted: Numbered + Level: 1 + Numbering Style: i,ii, iii, … + Start at: 1 + Alignment: Left + Aligned at: 0.81" + Indent at: 1.06"
15.13.020 When required.
Class (1) uses not requiring Type (2) or (3) review are permitted; provided, that district standards are
met. The administrative official shall use the procedures in YMC Chapter 15.13 to review Class (1)
uses and associated site improvements for compliance with the provisions and standards of the
zoning district in which they are located, unless exempt under YMC 15.13.025. Class (1) uses
require Type (2) review when:
A. All or part of the development, except for agricultural buildings, single-family dwellings, and
duplexes, is in the floodplain or greenway overlay districts;
B. All or part of a development is in the airport overlay (AO);
C. All or part of a development is in an institutional (IO) or master planned development overlay
(PD) and is identified in a development agreement as requiring Class (2) approval;
D. The proposed use includes hazardous material;
E. The applicant requests adjustment of one or more of the specific development standards
pursuant to YMC 15.10.020; or
F. All or part of the development requires a development plan and/or master plan.
15.13.025 Central business district—Type (1) review exemptions.
A. Change of use proposals for commercial uses within existing buildings in the CBD Downtown
Business District Exempt Parking Area (YMC 15.06.040(C)) shall be exempt from Type (1) review
when the proposed new use is a Class (1) use for the zone inunder the Retail Trade and Service
portion of YMC 15.04.030, Table 4-1. New construction, or expansion of existing buildings, or
alteration of parking lotsClass (1) uses shall follow the Type (1) review or modification process, as
applicable.
B. Change of use proposals within existing buildings in all commercial and industrial zones outside
of the Downtown Business District Exempt Parking Area shall be exempt from the Type (1) review
when:
1. The proposed use is a Class (1) use for the zone in YMC 15.04.030; and,
2. Parking:
i. The use is located within an existing multiple use center; or,
ii. The parking requirement for the proposed use is equal to or less than the
existing use.
a. If the proposed use requires more parking than the existing use and that
parking is available on-site, then it meets the intent of this section.
3. Change of use exemptions for Class (1) uses in the commercial and industrial zones
shall not apply to the following:
i. New construction or expansion of buildings;
ii. Automotive dealer new and used sales; towing services; farm and implements,
tools and heavy construction equipment; Rental and Repairs uses; and other similar
uses that utilize outside storage/sales areas that alter existing parking lots.
B. The following Class (1) residential uses shall be exempt from Type (1) review when a compliant
site plan is submitted with the building plans:
1. Detached single-family dwelling
2. Two-family dwelling (duplex) and converted dwelling
3. Accessory dwelling unit
4. Multifamily development up to six dwelling units
15.13.030 Development permit application—Type (1) review.
Applications for permits for Class (1) uses permitted outright in the district shall be made in writing to
the administrative official on forms supplied by the department. A general site plan conforming to the
provisions of YMC 15.11.030 shall accompany the application. The administrative official may
request any other information necessary to clarify the application or determine compliance with, and
provide for the enforcement of, this title.
15.13.040 Review procedures.
The administrative official shall review all Class (1) uses for compliance with this title. The
administrative official shall forward all Class (1) uses requiring Type (2) review under
YMC 15.13.020 to the planning division for processing under YMC Chapter 15.14. The
administrative official shall notify the applicant of the approval or denial of the application, request
additional information, or forward the application to the division for review.
15.13.050 Approval.
The administrative official shall issue a Type (1) zoning decision when it has been determined that:
A. The proposed use is a Class (1) permitted use under YMC Chapter 15.04;
B. That the proposed development complies with the standards and provisions of this title;
C. That the proposed development complies with other building codes in effect and administered
by the administrative official;
D. That proposed development complies with traffic engineering standards and policies
established by the appropriate jurisdiction to protect the function and satisfactory level of service of
arterial and collector streets; and
E. That any new improvements or expansions of a structure comply with the standards of this title.
15.13.060 Denial.
When an application is denied, the administrative official shall state the specific reasons and shall
cite the specific chapters and sections of this title upon which denial is based. The administrative
official may also refer the applicant to the division to determine if relief from such denial is available
through other application.
15.13.070 Appeals.
Any decision by the administrative official to deny issuance of a permit for a Class (1) use may be
appealed to the hearing examiner under the provisions of YMC 15.16.030.
15.17.030 Exemptions.
Modifications to existing detached single-family homes and duplexes when Class (1) or (2) uses in
residential zones shall be exempt from the review processes of this chapter when in conformance
with the standards of Table 5-1. For other exemptions from the review processes, see
YMC 15.01.040(A).
15.08.030 Development permit required.
No sign governed by this title shall be erected, structurally altered or relocated after the
adoption without first receiving a development permit from the building official. All
applications for a development permit under this chapter shall be reviewed for consistency
with the standards of this chapter and other applicable chapters of the Yakima Municipal
Code, according to sign type and other applicable regulations.
1. For New new freestanding signs and subdivision identification/use identification
signsUses. All on-premises freestanding signs and subdivision identification/use
identification signs meeting the standards of this chapter are considered Class (1) uses
requireing Type (1)Modification review under YMC Ch. 15.17 if proposed to be located in a
parking space or drive aisle. On-premises signs not meeting the standards shall follow the
procedures of YMC 15.08.170, and are otherwise not permitted. Off-premises signs and
billboards may beare permitted as identified in YMC 15.08.130.
2. For Changes or Replacement of an Existing Sign. Structural changes to, or
replacement of, an existing sign requires Type (1) review and approval by the building
official. Changes to the face or copy of a sign, provided such change does not change the
material or appearance of the sign as originally permitted by the city does not require a
Type (1) review, or permit.
15.08.060 Sign standards.
The provisions of this chapter and the requirements in Table 8-1, “Type and Number of Signs
Permitted,” Table 8-2, “Maximum Sign Area,” and Table 8-3, “Sign Height and Setbacks,” are
established for all signs in the zoning districts indicated. All permitted signs are subject to the
review procedures of this title and the standards of this section. Signs for Class (1), (2) and (3)
uses shall be subject to the same procedural and review requirements as the principal use.
Table 8-1. Type and Number of Signs Permitted
SIGN TYPE
ZONING DISTRICTS
SR R-1 R-2 R-3 B-1 HB B-2 SCC LCC CBD GC AS RD M-1 M-2
PERMITTED SIGNS
On-Premises Signs Nameplate Permitted as an Accessory Use to an Approved or Existing Use
Subdivision
Identification/Project
Identification2
Roof Not Permitted Class (1) UsePermitted
Permanent
Freestanding1
Subdivision/Proj.
I.D. Only
On-premises signs meeting the standards of this chapter are considered
Class (1) uses requiring Type (1) reviewpermitted. On-premises signs not
meeting the standards of this chapter shall follow the procedures of
YMC 15.08.170, and are otherwise not permitted. Projecting Not Permitted
Freeway See YMC 15.08.150
Off-Premises Signs
Including Billboards
Not Permitted Class
(2)
Use
Not
Permitted
Class (2) Use Class (1)
Use
NUMBER OF SIGNS PERMITTED
On-Premises Signs Nameplate 1 per Dwelling
Subdivision
Identification/Use
Identification2
1 per Street Frontage 1 per Street Frontage
Permanent
Freestanding1
Projecting Not Permitted
Wall Signs See YMC 15.08.100
Table 8-1. Type and Number of Signs Permitted
SIGN TYPE
ZONING DISTRICTS
SR R-1 R-2 R-3 B-1 HB B-2 SCC LCC CBD GC AS RD M-1 M-2
Roof Signs See YMC 15.08.090
Freeway Freeway: See YMC 15.08.150
Off-Premises Signs
Including Billboards
Directional: See YMC 15.08.120(B)
Not Permitted 1 Sign per Parcel (Also See YMC 15.08.130)
TYPE AND NUMBER OF SIGNS PERMITTED THAT ARE BASED ON OTHER CRITERIA
Temporary Signs See YMC 15.08.110
Carried Signs See YMC 15.08.115
Digital Signs See YMC 15.08.135
Portable Signs See YMC 15.08.155
NOTES:
1. YMC 15.08.140 has freestanding sign provisions for multiple-building complexes and
multiple-tenant buildings. Sign provisions for temporary freestanding signs are
addressed in YMC 15.08.110. Permanent freestanding signs are limited to subdivision
signs in residential areas.
2. Nameplates and subdivision identification signs permitted in the residential districts
may be placed on a wall—See Table 8-2.
Table 8-2. Maximum Sign Area
ZONING DISTRICT Freestanding and Projecting Signs
Sign is set back 15 ft. or less
from required right-of-way
Sign is set back more than 15
ft. or more from required
right-of-way
WALL SIGNS FREEWAY SIGNS
SR, R-1, R-2, and R-3 Nameplates up to 2 sq. ft. and subdivision/project identification up to 32 sq. ft. NOT PERMITTED
HB and B-1 24 sq. ft. 40 sq. ft.
SIZE OF WALL
TO WHICH
ATTACHED
WHERE PERMITTED:
UP TO 300 SQUARE
FEET
B-2 40 sq. ft. 60 sq. ft.
SCC Frontage is less
than 400 ft. long
1 sq. ft. of sign area per lineal ft.
of frontage up to 100 sq. ft.
1-1/2 sq. ft. of sign area per
lineal ft. of frontage up to 150
sq. ft.
Frontage is more
than 400 ft. long
1 sq. ft. of sign area per lineal ft.
of frontage up to 150 sq. ft.
1-1/2 sq. ft. of sign area per
lineal ft. of frontage up to 200
sq. ft.
LCC Frontage is less
than 400 ft. long
1 sq. ft. of sign area per lineal ft.
of frontage up to 150 sq. ft.
1-1/2 sq. ft. of sign area per
lineal ft. of frontage up to 200
sq. ft.
Frontage is more
than 400 ft. long
1 sq. ft. of sign area per lineal ft.
of frontage up to 200 sq. ft.
1-1/2 sq. ft. of sign area per
lineal ft. of frontage up to 250
sq. ft.
CBD 1 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft.
GC Frontage is less
than 400 ft. long
1 sq. ft. of sign area per lineal ft.
of frontage up to 150 sq. ft.
1-1/2 sq. ft. of sign area per
lineal ft. of frontage up to 200
sq. ft.
Frontage is more
than 400 ft. long
1 sq. ft. of sign area per lineal ft.
of frontage up to 200 sq. ft.
1-1/2 sq. ft. of sign area per
lineal ft. of frontage up to 250
sq. ft.
AS Frontage is less
than 400 ft. long
1 sq. ft. of sign area per lineal ft.
of frontage up to 150 sq. ft.
1-1/2 sq. ft. of sign area per
lineal ft. of frontage up to 200
sq. ft.
Frontage is more
than 400 ft. long
1 sq. ft. of sign area per lineal ft.
of frontage up to 200 sq. ft.
1-1/2 sq. ft. of sign area per
lineal ft. of frontage up to 250
sq. ft.
RD Frontage is less
than 400 ft. long
1 sq. ft. of sign area per lineal ft.
of frontage up to 150 sq. ft.
1-1/2 sq. ft. of sign area per
lineal ft. of frontage up to 200
sq. ft.
Frontage is more
than 400 ft. long
1 sq. ft. of sign area per lineal ft.
of frontage up to 200 sq. ft.
1-1/2 sq. ft. of sign area per
lineal ft. of frontage up to 250
sq. ft.
M-1 1 sq. ft. of sign area per lineal ft.
of frontage up to 100 sq. ft.
1-1/2 sq. ft. of sign area per
lineal ft. of frontage up to 150
sq. ft. M-2
MAXIMUM AREA PER SIGN = 2 TIMES THE MAXIMUM AREA PER SIGN FACE
MAXIMUM SIGN AREA OF OTHER SIGN TYPES THAT ARE BASED ON OTHER CRITERIA
Temporary Signs See YMC 15.08.110
Carried Signs See YMC 15.08.115
Digital Signs See YMC 15.08.135
Portable Signs See YMC 15.08.155
Table 8-3. Sign Height and Setbacks
SIGN STANDARDS
ZONING DISTRICTS
SR R-1 R-2 R-3 B-1 HB B-2 SCC LCC CBD GC AS RD M-1 M-2
MAXIMUM SIGN HEIGHT
Permanent
Freestanding1
Sign is set back 15 feet or less
from required right-of-way
5 ft. 10 ft. 15 ft. 30 ft. 30 ft. 30 ft. 30 ft.
Sign is set back more than 15
feet from required right-of-
way
10 ft. 15 ft. 20 ft. 35 ft. 40 ft. 30 ft. 40 ft.
Projecting Not permitted2 See YMC 15.08.080
1. Wall 1. Top of wall to which attached (YMC 15.08.100)
2. Fascia 2. Horizontal and vertical limits of fascia board to which
attached (YMC 15.08.105)
Freeway Where permitted: 70 ft.
SETBACKS
Minimum front yard setbacks Edge of right-of-way
Minimum side yard setbacks Required setback standards for each zoning district (Table 5-1)
SIGN HEIGHT AND SETBACKS FOR SIGNS TYPES THAT ARE BASED ON OTHER CRITERIA
Temporary
Signs
See YMC 15.08.110
Carried Signs See YMC 15.08.115
Digital Signs See YMC 15.08.135
Portable Signs See YMC 15.08.155
Notes:
1 YMC 15.08.140 has special freestanding sign provisions for multiple-building complexes and multiple-tenant buildings.
Table 8-3. Sign Height and Setbacks
SIGN STANDARDS
ZONING DISTRICTS
SR R-1 R-2 R-3 B-1 HB B-2 SCC LCC CBD GC AS RD M-1 M-2
2 Nameplates and subdivision identification signs permitted in the residential districts may be placed on a wall. (See Table 8-2.)
15.08.140 Multiple-building complexes and multiple-tenant buildings.
A. Purpose. The following provisions shall apply to multiple-building complexes and multiple-tenant
buildings in the Ccommercial and IindustrialSCC, LCC, GC, and RD districts. Tenants in such
buildings or complexes may also have their own signs in accordance with the provisions of this
chapter.
B. Number of Freestanding Signs. Each multiple-building complex shall be allowed one
freestanding sign on each street frontage in accordance with Table 8-2. When the street frontage is
longer than four hundred feet:
1. One additional freestanding sign shall be permitted for each additional four hundred feet of
street frontage or part thereof; or
2. A single, larger freestanding sign can be erected in accordance with Table 8-2.
If option 1, as set forth in subsection (B)(1) of this section, is selected, no freestanding sign shall be
placed closer than two hundred feet to any other freestanding sign or exceed the standards in Table
8-2. These provisions shall also apply to each multiple-tenant building, unless it is a part of a
multiple-building complex.
The allowable freestanding sign(s) may be used to advertise one or more of the uses in the multiple-
building complex or multiple-tenant building.
15.10.020 Administrative adjustment of some development standards
authorized.
The purpose of this section is to provide flexibility by allowing certain development standards in YMC
Chapters 15.05 through 15.08 to be administratively adjusted. A particular standard may be reduced
or modified, so long as the administrative official determines that the adjustment and/or reduction is
consistent with the intent and purpose of the standards, and will accomplish one or more of the
following objectives:
A. Allow buildings to be sited in a manner which maximizes solar access;
B. Coordinate development with adjacent land uses and the physical features;
C. Permit flexibility in the design and placement of structures and other site improvements that is
the minimum adjustment necessary to accommodate the proposed structure or site improvement; or
D. Allow development consistent with a specific subarea plan adopted by the appropriate
jurisdiction.
Administrative adjustments of development standards shall be processed under Type (2) review for
Class (1) and (2) uses, and under Type (3) review for Class (3) uses.
Administrative adjustments of development standards for signs in Chapter 15.08 shall be processed
under Type (2) review.
The administrative official shall not have the authority to reduce the site design requirements for
minimum lot size, building height, or subdivision requirements set forth in YMC 15.05.030 and Table
5-2; except as provided below:
1. Maximum building height may be increased to incorporate architectural building elements
or mechanical equipment that:
a. Does not exceed more than a ten percent increase of the total building height; and
b. Does not cover more than fifty percent of the total roof area.
CITY OF YAKIMA
PLANNING COMMISSION
BYLAWS
(Adopted by the City of Yakima Planning Commission on May 23, 2018;
Amended by City Council, June 5, 2018)
SECTION I: GENERAL RULES AND PROCEDURES
These Bylaws establish the rules and procedures under which the City of Yakima
Planning Commission (YPC or Commission) executes those duties and functions
set forth in Chapter 1.42 of the Yakima Municipal Code.
I. COMPOSITION OF THE COMMISSION, TERMS, OFFICERS, AND STAFF
A. The City of Yakima Planning Commission shall consist of seven members
appointed by the Mayor and confirmed by the City Council. The term of office
for the initial members appointed to the Commission shall be designated from
one to four years in such a manner as to provide that the fewest possible
terms will expire in any one year. Thereafter the term of office for each
appointive member shall be four years.
B. The members of the Commission shall be selected without respect to political
affiliation.
C. No person shall serve more than two consecutive four-year terms, provided
that a person who is appointed to fill an unexpired term of less than two years
is eligible to serve two successive four-year terms; and provided further, a
person who is ineligible to serve for having served two consecutive terms
may again serve after two years have elapsed from the end of the second
such term.
D. The Commission will, by majority vote, elect a Chair and Vice Chair at the
first meeting of each year who will serve throughout that year. The Chair:
1. Decides all points of order and procedural matters subject to rules and
bylaws.
2. May appoint committees as necessary to investigate and report on
matters before the Commission.
In cases where the Chair is absent the Vice Chair will serve in their place and
will have the same powers and duties.
E. Commission Staff assistance shall be provided by the Department of
Community Development with additional assistance and information to be
provided by other City departments and consultants as may be necessary to
aid the Commission in carrying out its duties and responsibilities under this
chapter.
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F. The Commission members shall not receive any salary or other
compensation for services rendered on the Commission, but necessary
expenses actually incurred and within the budget as set by the annual budget
ordinance shall be paid.
G. Vacancies occurring, other than through the expiration of terms, shall be filled
for the unexpired terms. Members may be removed by the Mayor with the
approval of the City Council for inefficiency, neglect of duty, or malfeasance
in office. Other reasons for removal may include:
1. Absence from three consecutive regular meetings or six regular
meetings in a twelve-month period which shall be regarded as
constituting resignation from the Commission. This information will be
forwarded to the Mayor and City Council by Staff. Reinstatement may
be sought through a hearing by the Commission. Excused absences
(sickness, death in the family, business trips or emergencies) will not
affect the member's status, except in cases of an extended illness or
absence the member shall be replaced. When a member is
approaching the maximum number of absences they will be notified by
Staff. Verification of attendance will be based exclusively on the
minutes of each meeting.
2. Participation in a legally demonstrable case involving a conflict of
interest.
H. No member of the Commission shall represent the Commission in its official
actions except as specifically authorized by majority vote.
I. Commission members shall refrain from discussing or expressing opinions
on matters on the Commission's agenda outside of Commission meetings
except as authorized in (H) above, or on direction from the Chair.
J. To avoid any conflicts of interest, no Commission member shall vote on the
determination of any application or determination in which they maintain an
employer/employee relationship or where they or members of their
immediate family have a financial interest.
K. Commission members shall not vote on any issues before the Commission
unless they have been in attendance at previous deliberations on the subject
or shall have the approval of the Chair contingent on the Chair's
determination that the member has familiarized themselves with the subject
and the minutes of any meetings where the subject was discussed.
II. PROCEDURES FOR CONDUCTING REGULAR MEETINGS
A. Pre-meeting
1. If there are agenda items, regular meetings will be held at 3:00 p.m.
on the second and fourth Wednesdays of every month in the City
Council chambers. The time and location of a particular meeting may
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be changed by majority vote of the Commission and shall be subject
to the notice requirements for special meetings. If the date of a regular
meeting of the Commission falls on a weekend or an official holiday,
the meeting may be changed to a time and place as determined by
the Commission at the preceding month's meeting. If such a change
occurs, the regular meeting place will be posted advertising the time
and location of the meeting.
2. If there are no agenda items, the Chair may cancel the regular
meeting after giving all Commission members and the public 24 hours
advance notice. However, if a majority of Commission members
express the desire to hold the meeting, it shall convene as scheduled.
If the meeting is canceled, a notice to that effect will be posted at the
regular meeting place at the regular time.
3. Special meetings may be called by the Chair or by a majority of
Commission members. Commission members will be given at least
48 hours advance notice of the time and place of such meetings.
4. All regular and special meetings will be open to the public and the
date, place and agenda will be publicized in accordance with the
Open Public Meetings Act (Chapter 42.30 RCW). The agenda for
regularly scheduled meetings shall be posted and advertised 48
hours prior to the regularly scheduled meetings.
5. The order of agenda items will be determined by their order of receipt
or as Commission Staff deems appropriate.
6. Staff shall be responsible for notifying principles in each matter as
specified under the rules for review procedures.
B. Regular Order of Business for Meetings
1. Business will be conducted under Robert's Rules of Order except
where this contradicts with the Bylaws or other special rules adopted
by the Commission, which then take precedence. All issues will be
decided by simple majority vote except amendments to the Bylaws,
which require a vote of two-thirds of the membership.
2. Four members or 51 percent of the non-vacant membership of the
Commission constitutes a quorum. Meetings without a quorum will
be recessed to the earliest possible date.
3. Minutes will be taken during all Commission proceedings.
Additionally, the meetings may be videotaped to further clarify the
minutes.
4. The regular order of business shall be as follows:
a. Call to order
b. Roll call
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c. Staff Announcements
d. Audience Participation
e. Adoption of minutes
f. New business
g. Old business
h. Other Business
i. Adjournment
5. The regular order of business for consideration of preliminary
subdivisions, YMC Title 14, 15, 16 or 17 text amendments,
comprehensive plan amendments and rezones shall be as follows:
a. The Commission Staff person shall offer a preliminary
statement or Staff Report concerning the application.
b. The applicant or the designated agent of the applicant presents
statements in favor of the application including any relevant
exhibits.
c. Public comments.
d. Rebuttal by all concerned parties.
e. Deliberation by Commission.
f. Motion for action.
g. Vote.
During the course of the meeting, the above procedure may be
temporarily modified by the concurrence of all parties and the
Commission.
6. The Commission shall act on each application at the meeting unless
the Chair or a majority of the Commission decides to defer
consideration to a later date. Requests for continuance may be
granted if all parties agree. The continuance will be publicly
announced by the Chair, and the matter is automatically set on the
agenda for the next regularly scheduled meeting, or to a date certain
as agreed by all parties. In such a case, no further notice is required
for the principles in the case.
C. Post-meeting
1. Staff will be responsible for notifying participants as called for under
rules for specific review procedures.
2. Staff will be responsible for forwarding materials to participants as
called for under rules for specific review procedures.
3. Staff will be responsible for distributing the minutes of the meeting.