21.46.116 Limitations on uses – Residential uses.
A. Motels and Hotels. The initial development must contain at least 20 units composed of multiple-unit type buildings and shall provide hotel and services, including a main lobby, desk attendant, and room service. When accessory uses providing services for the patrons, such as barber, bar, beauty parlor, cleaners, clothing, drugs, pottery, souvenir, tobacco, and travel are included, they shall be primarily oriented internally. Provisions for public functions such as banquets or meetings need not be oriented internally.
B. Multiple-Family Housing.
1. For properties zoned NC, dwellings may be permitted in commercial or office buildings on the second floor or higher. All provisions normally applying to high-rise multiple-family housing shall apply.
2. For properties zoned PCD, dwellings may be permitted on the second floor of buildings or higher; provided, that:
a. General commercial, office, or similar land uses occupy the ground level of the building where the building faces or abuts a public street.
b. Not more than 20 percent of the linear frontage of the ground level that faces a public street may be used for the entrance, lobby, leasing office, etc., for the building’s residences.
c. Floor area at ground level limited to general commercial, office, or similar uses shall have a minimum depth of 30 feet, as measured perpendicular to the building facade, so that the floor area may be occupiable for nonresidential land uses.
d. For development sites where the building is not accessible or visible from the abutting public street, the development and business services director may authorize dwellings to be located below the second floor of the building.
3. For properties subject to the provisions of this chapter, development with multifamily dwellings shall provide a minimum of 40 square feet of on-site recreation area per dwelling. The on-site recreation area shall consist of a minimum of two of the following:
a. Individual patio, deck or balcony immediately adjacent to the corresponding dwelling. Individual patios, decks, or balconies shall be designed so that a six-foot-by-six-foot square will fit within the perimeter of the patio, deck or balcony.
b. Outdoor recreation area accessible to all residents of the development and designed so that a 15-foot-by-15-foot square will fit within the perimeter of the outdoor recreation area. Common outdoor recreation areas shall include features such as: landscaped courtyard or plaza; seating; lighting; rooftop garden; children’s play structure; and sport court. Outdoor recreation areas may include overhead weather protection, but shall not be enclosed. Landscaping required within parking areas shall not be considered outdoor recreation area.
c. Indoor recreation space accessible to all residents of the development and designed so that a 12-foot-by-12-foot square will fit within the indoor recreation area. Indoor recreation areas shall include furnishings and fixtures for activities such as: aerobic exercise; children’s play; indoor games; sports; hobbies and crafts; and video entertainment.
C. Multiple-Family Housing – Highway 99 Corridor in the Neighborhood Commercial (NC) and General Commercial (CG) Zones. Multiple-family housing is permitted on specified parcels in the NC and CG zones on specified parcels in the Highway 99 corridor as designated on the city of Lynnwood future land use map. Multiple-family residential development shall meet the design guidelines for Highway 99 mixed use, adopted by Ordinance No. 2911, and may be combined with mixed use development subject to the following bulk requirements:
|
Development standard |
Sites with residential development of less than 20 dwelling units per acre |
Sites with residential development of 20 dwelling units or more per acre |
|---|---|---|
|
Minimum lot area |
None |
None |
|
Minimum setbacks* |
||
|
Public street |
None |
None |
|
Interior property lines |
None |
None |
|
Ground floor residential units+ |
10 ft. |
10 ft. |
|
Minimum sidewalk width along public streets |
12 ft. |
12 ft. |
|
Maximum lot coverage |
35% |
None |
|
Maximum building height |
50 ft. |
90 ft., not to exceed six stories |
|
Minimum dwelling units/acre++ |
N/A |
20 DU/A |
|
Maximum floor-area ratio |
1.0 |
3.0 |
+Applies to residential projects only; setback is from all public rights-of-way, internal circulation (vehicle, bicycle, pedestrian), parking areas, or access easement. Alternatively, where vision-obscuring glass is installed, the setback may be eliminated.
++The minimum number of residential units to qualify for this level shall be calculated using the entire project site. Where residential development is part of redevelopment of one or more parcels, this calculation shall be based only on the portion of the parcel(s) being redeveloped. Fractional portions of a unit are “rounded up” for this calculation.
Buildings within 200 feet of Highway 99 shall be mixed use development with commercial development on the first floor. Phased development may occur on large parcels but the initial development plan is required to illustrate the commercial activity adjacent to Highway 99.
Multiple-family development shall comply with the remainder of the development regulations established in Chapter 21.62 LMC, Highway 99 Mixed Use Zone, unless otherwise indicated in Chapter 21.62 LMC. Stand-alone multiple-family development or mixed use development shall also comply with the Design Guidelines for the Highway 99 mixed use zones.
Processing of a multiple-family development, including associated mixed use, will be subject to the provisions set forth in Chapter 21.30 LMC, Planned Unit Development.
D. Assisted Living and Continuing Care Housing. Assisted living and continuing care housing are allowed subject to the following:
1. Staff Evaluation and Recommendation. Before any permit for the uses designated in this subsection is considered a joint recommendation concerning development of the land and/or construction of the buildings shall be prepared by the fire and development and business services departments, specifying the conditions to be applied if approved. If it is concluded that the application for a permit should be approved, each requirement in the joint recommendation shall be considered and any which are found necessary for the protection of the health, safety, and general welfare of the public shall be made part of the requirements of the permit. In any case, the approval of the permit shall include the following requirements:
a. The proposal’s proximity to stores and services, safety of pedestrian access in the vicinity, access to public transit, design measures to minimize incompatibility between the proposal and surrounding businesses;
b. Compliance with all applicable state, federal, and local regulations pertaining to such use, a description of the accommodations, and the number of people accommodated or cared for, and any structural requirements deemed necessary for such intended use;
c. The amount of space around and between buildings shall be subject to the approval of the fire chief as being adequate for reasonable circulation of emergency vehicles or rescue operations and for prevention of conflagration; and
d. The proposed use will not adversely affect the surrounding area as to prevent use or character of the future development.
2. Development Standards. Housing facilities shall conform to the following criteria:
a. Lot area per dwelling unit: 1,000 square feet minimum per unit;
b. Passive recreation and/or open space: 200 square feet per unit. In the city’s higher density multiple-family zones, developments are required to provide active recreational space to help satisfy a portion of the demand for recreational facilities. Housing for the those in need of care has a similar need but is of a passive nature. Therefore, passive recreation space and/or open space shall be provided. Up to 50 percent of the requirement may be indoors; provided, that the space is utilized exclusively for passive recreation and/or open space (i.e., arts and crafts rooms, solariums, courtyards). All outdoor recreation and/or open space areas shall be set aside exclusively for such use and shall not include areas held in reserve for parking, as per LMC 21.18.800. All open space and/or recreational areas shall be of a permanent nature, and they may be restricted to use by tenants only. The use of private and semi-private patios and balconies in meeting these requirements is not permitted. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3311 § 20, 2018; Ord. 3283 § 8, 2018; Ord. 3233 § 23, 2016; Ord. 3140 § 6, 2015; Ord. 3090 § 3, 2014; Ord. 3023 § 2, 2013; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2020 § 19, 1994; Ord. 1988 § 1, 1994; Ord. 1923 § 2, 1992; Ord. 1917 § 2, 1992; Ord. 1888 § 2, 1992; Ord. 1883 § 2, 1992; Ord. 1472 § 2, 1985; Ord. 1447 § 6, 1985; Ord. 522 § 3, 1969; Ord. 285 § 5, 1966)