City of Langley, WA Chapter 18.13 MULTIFAMILY INFILL FORM-BASED CODE OVERLAY

§ 18.13.010 Purpose.

The general purpose of this chapter is to enable, in a manner consistent with the Growth Management Act, the integration of comprehensive plan goals and policies, zoning, and other development regulations, and other city ordinances and regulations as a means to facilitate and promote the public health, safety, and welfare. A specific objective of the multifamily infill form-based code overlay (MFI-FBC) standards set forth in this chapter is to provide public benefits not typically available through the underlying zoning districts. These public benefits include, but are not limited to, increased alternatives for dwellings through flexible and innovative design, greater residential availability and affordability, and the preservation and enhancement of natural resources. The intent of this chapter is to establish context-sensitive regulations that complement regulations in the underlying zoning districts. Paramount considerations in establishing the MFI-FBC overlay district are respecting the underlying districts, protecting vital critical areas and encouraging affordable housing near jobs.

(Ord. 1081 § 4 (Exh. D), 2021; Ord. 1139, 12/1/2025)

§ 18.13.020 Relationship to underlying zoning districts.

The MFI-FBC overlay district amends the underlying zoning districts. Development within the MFI-FBC overlay district shall meet the requirements both of this chapter and of the underlying zoning district. In the event of any conflict between the provisions for the underlying zoning district and the provisions of this chapter, the provisions of this chapter shall control.

(Ord. 1081 § 4 (Exh. D), 2021; Ord. 1139, 12/1/2025)

§ 18.13.030 Applicability.

The provisions of this chapter shall apply solely to the RS7200, RS5000, residential mixed (RM), and neighborhood business (NB) zoning districts for the purpose of multifamily development. The standards of this chapter are not available for single-family development and not available for use in combination with new short or long subdivisions created after June 7, 2021.

A. Critical Area Protection. Multifamily infill must comply with all regulations of Chapter 16.20.

B. Sewer. The MFI-FBC overlay is only permitted where sewer is available.

C. Rules of Construction. The following general rules apply to the construction or interpretation of this chapter:

1. Numerical metrics take precedence over graphic metrics; and

2. The diagrams and illustrations within this chapter are considered regulatory and binding.

D. Remodels. Remodels are permitted to utilize this chapter but, in doing so, are required to meet all standards of the chapter including setbacks, building height, building type, and frontage types upon completion of the remodel.

(Ord. 1081 § 4 (Exh. D), 2021; Ord. 1139, 12/1/2025)

§ 18.13.040 Streetscape standards.

A. Street Frontage Improvements. Where existing street frontage does not meet the standards set forth in Chapter 15.01 LMC, Article VII, Streets, frontage improvements shall be provided consistent with those standards.

B. Street Trees. Street trees shall be planted within the property boundaries, no further than 10 feet from the property line, at a spacing of 40 feet on-center along the full length of the property frontage.

(Ord. 1081 § 4 (Exh. D), 2021; Ord. 1139, 12/1/2025)

§ 18.13.050 Development standards.

A. Intensity. The MFI-FBC overlay district is not subject to the density or floor area ratio ("FAR") restrictions of the underlying zoning district. Intensity is controlled by a combination of building height, setbacks, lot coverage, and parking requirements.

B. Large Lots. Developments on parcels greater than 0.5 acres are restricted to a maximum of 40% lot coverage, as defined in LMC § 18.01.040.

C. Building Placement. Building placement must meet the requirements of Table 1 through Table 3 as follows:

1. Structures must be set back from lot boundaries as specified in Table 1 through Table 3.

a. Street-facing buildings: No more than a maximum of 50% of the widest side of the building may be built beyond the maximum setbacks specified in Table 1 through Table 3.

b. Buildings placed behind the primary street-facing buildings, and not directly facing a street property line, are exempt from the maximum setback requirements.

2. Buildings, covered structures, and impervious surfaces are limited in the total area they may occupy as a percentage of the lot area as specified by lot coverage in Table 1 through Table 3.

D. Parking Placement. Parking within the MFI-FBC overlay district must be located behind or beside buildings relative to the street and as follows:

1. Parking must be set back from the lot lines as required in Table 1 through Table 3.

2. An on-street parking lane is permitted.

Table 1. RS7200 Standards
Building Setbacks4			Accessory Structure Setbacks
A	Front setback	12 ft. min. 20 ft. max.	F	Front setback	A + 20 ft. min.
B	Side street setback	10 ft. min.	B	Side street setback	10 ft. min.
C	Side setback	5 ft. min.	C	Side setback	5 ft. min.
D	Rear setback	5 ft. min.	D	Rear setback	5 ft. min.
E	Rear lane setback	2 ft. min.	E	Rear lane setback	2 ft. min.
	Height	2 stories, 25 ft. max.1		Height	15 ft. max.2
			Parking Setbacks
			F	Front setback	A + 10 ft. min.
			G	Side street setback	6 ft. min.

Table 2. RS5000 Standards
Building Setbacks4			Accessory Structure
A	Front setback	10 ft. min. 20 ft. max.	F	Front setback	A + 20 ft. min.
B	Side street setback	8 ft. min.	B	Side street setback	8 ft. min.
C	Side setback	5 ft. min.	C	Side setback	5 ft. min.
D	Rear setback	5 ft. min.	D	Rear setback	5 ft. min.
E	Rear lane setback	2 ft. min.	E	Rear lane setback	2 ft. min.
	Height	2 stories, 25 ft. max.1		Height	15 ft. max.2
			Parking
			F	Front setback	10 ft. min.
			G	Side street setback	6 ft. min.

Table 3. RM and NB Standards
Building Setbacks4, 5			Accessory Structure
A	Front setback	10 ft. min. 15 ft. max.	F	Front setback	A + 20 ft. min.
B	Side street setback	8 ft. min.	B	Side street setback	5 ft. min.
C	Side setback	5 ft. min.	C	Side setback	5 ft. min.
D	Rear setback	5 ft. min.	D	Rear setback	8 ft. min.
E	Rear lane setback	2 ft. min.	E	Rear lane setback	2 ft. min.
	Height	3 stories, 35 ft. max.1, 3		Height	15 ft. max.2
			Parking
			F	Front setback	10 ft. min.
			G	Side street setback	6 ft. min.

Notes:

¹ An additional five feet is permitted for pitched roofs as provided for in Section 18.13.050E.

² Where an accessory dwelling unit is located on the second floor above an accessory structure, the maximum height may match that of the principal building.

³ Cottage courts and duplexes are limited to two stories max.

⁴ Multistory buildings shall be separated from one another by a minimum distance of 20 feet wherever the walls of adjacent buildings are parallel for a continuous length of 35 feet or more.

⁵ Three story buildings shall maintain a minimum 25-foot setback from property lines adjacent to single-family residential zones, excluding property lines that abut a public street.

E. Building Type Requirements. Specific types of buildings are permitted or prohibited from use within the MFI-FBC overlay district.

1. The number of buildings per lot is limited by a combination of setbacks, lot coverage, and parking requirements as regulated by Table 1, Table 2, or Table 3.

2. Building types are permitted per district according to Table 4.

a. Nonresidential uses are permitted in NB zoning district buildings subject to Section 18.09.010.

3. More than one building type is permitted per lot.

4. Accessory dwelling units are not subject to the requirements of this section. Accessory dwelling units are permitted for townhouse, duplex, and triplex building types. Section 18.22.155 governs all other requirements for accessory dwelling units.

Table 4. Building Types per District
Building Types	Districts
	RM/NB	RS5000	RS7200
Townhouse	P	P	P
Duplex	P	P	P
Triplex	P	P	P
Cottage court	P	P	P
Multifamily house	P	P	P
Multifamily courtyard	P

5. Building types must meet the standards of Table 5.

Table 5. Building Standards
Townhouse
Units			Main Entrance
Units per townhouse		2 max.1	D	Facing primary frontage
Townhouses per building		3 min., 6 max.	Useable Open Space Requirements2
Building Size			300 sq. ft. min. per unit
Main Building			Private Open Space2
A	Unit Width	30 ft. max.	E	Width	6 ft. min.
B	Unit Depth	50 ft. max.	F	Depth	6 ft. min.
Secondary Wings			Area		50 sq. ft. min. per unit
C	Width	24 ft. max.
Duplex
Units			Main Entrance
Units per building		2	D	Facing primary frontage
Building Size			Useable Open Space Requirements2
Main Building			300 sq. ft. min. per unit
A	Width	48 ft. max.	Private Open Space2
B	Depth	36 ft. max.	E	Width	6 ft. min.
Secondary Wings			F	Depth	6 ft. min.
C	Width	20 ft. max.	Area		50 sq. ft. min. per unit
Triplex
Units			Main Entrance
Units per building		3	D	Facing primary frontage
Building Size			Useable Open Space Requirements2
Main Building			300 sq. ft. min. per unit
A	Width	48 ft. max.	Private Open Space2
B	Depth	48 ft. max.	Width		6 ft. min.
Secondary Wings			Depth		6 ft. min.
C	Width	20 ft. max.	Area		50 sq. ft. min. per unit
Cottage Court
Units			Main Entrance
Units per building		1	D	Facing shared court3
Buildings per parcel		3 min., 9 max.	Useable Open Space Requirements
Building Size			300 sq. ft. min. per unit
			Private Open Space2
Main Building			E	Width	6 ft. min.
A	Width	36 ft. max.	F	Depth	6 ft. min.
B	Depth	30 ft. max.	Area		50 sq. ft. min. per unit
Secondary Wings			Shared Open Space2
C	Width	20 ft. max.	G	Width	20 ft. min.
			H	Depth	12 ft. min.
Multifamily House
Units			Main Entrance
Units per building		4 min., 6 max.4	D	Facing primary frontage
Buildings per parcel		3 max.	Useable Open Space Requirements2
Building Size			300 sq. ft. min. per unit
			Private Open Space2
Main Building			Width		6 ft. min.
A	Width	48 ft. max.	Depth		6 ft. min.
B	Depth	48 ft. max.	Area		50 sq. ft. min. per unit
Secondary Wings
C	Width and Depth	36 ft. max.
Multifamily Courtyard
Units			Main Entrance
Units per parcel		24 max.	C	Facing primary frontage
Buildings per parcel		4 min. 6 max.	Useable Open Space Requirements2
Building Size			300 sq. ft. min. per unit
			Private Open Space2
Main Building and Secondary Wings			Width		6 ft. min.
A	Width	60 ft. max.	Depth		6 ft. min.
B	Depth	60 ft. max.	Area 50 sq. ft. min. per unit
			Shared Open Space – Courtyard2
			D	Width	16 ft. min.
			E	Depth	20 ft. min.
1 A maximum of 3 units per townhouse is permitted when located in the RM or NB zones.
2 As further defined in section LMC § 18.13.050I.
3 Cottages adjacent to the street must follow the requirements of LMC § 18.13.050G.3.b.
4 A maximum of 8 units per building is permitted for the Multifamily House building type when located in the RM or NB zones.

F. Building Height. Building height is limited according to Table 1 through Table 3 measured as follows:

1. Building height is measured in both:

a. Stories: defined as finished floor to finished ceiling and counted as the number of finished floors above sidewalk grade; and

b. Feet: the vertical distance from the grade plane to the highest point of the roof. For purposes of this section, grade plane has the same meaning as in the International Building and Residential Codes adopted by the City in LMC § 15.04.040.

2. Multistory buildings may be permitted an additional five feet in height for the purpose of accommodating a pitched roof, dormers, or clerestory windows, along with vaulted ceilings or similar open ceiling spaces. This additional height is allowed specifically for the roof structure and any vaulted or open ceiling spaces within the upper stories, provided that it does not increase the total number of stories as outlined in Table 1 through Table 3.

3. Mezzanines extending beyond 30% of the ground floor area are counted as an additional story.

4. The following items are exempt when making height determinations:

a. Radio and television aerials and flagpoles.

b. Other Features. Open rails, planters, skylights, and chimneys may exceed the height limits by four feet or may extend four feet above the ridge of a pitched roof.

c. Wireless communication antenna arrays up to a height of 15 feet from the highest point of the roof.

d. Penthouses. Enclosed, unoccupied rooftop structures used for sheltering mechanical and electrical equipment, tanks, elevators and related machinery, and vertical shaft openings. Penthouses must be set back from the edge of the roof a minimum distance of one foot for every foot by which such features extend above the roof surface of the principal building to which they are attached.

5. Below ground stories do not count toward building height, provided they do not extend more than four feet above sidewalk grade at the primary frontage.

G. Frontage Requirements. Frontage requirements regulate building facades adjacent to streets.

1. A frontage type must be specified according to Table 6.

a. Multiple frontage types may be combined along a facade.

2. Frontages must meet the standards of Table 6 and Table 8.

3. The primary building entry must face a street.

a. For buildings located at a street corner, the primary entry must face the front street. A secondary entry facing the side street is required when the side façade exceeds 50 feet in length. In all other cases, a secondary entry is optional.

b. For the cottage court housing type, buildings adjacent to the street may either:

(1) Have a primary entrance on the street with a secondary entrance facing the courtyard; or

(2) Have at least one entry located on the side of the building, provided the entry uses the porch frontage type and the porch is visible from the street.

4. Facades must have 15% minimum clear glass on the first story of every facade facing a street as follows:

a. Glass percentage is calculated individually for each facade and is measured between two and 10 feet in height above grade along the length of the facade.

b. The entire frame and structure of doors, windows, and storefront systems are considered glass for this calculation.

c. Tinted, mirrored and reflective glass, and glass covered by screening sheets, or white, or UV protection film are prohibited.

d. Exceptions to the transparency requirement may be granted by the Planning Official on side streets only when ground-floor glass is not feasible due to essential internal building functions – such as garage walls or utility spaces – or to comply with building code restrictions, and where reasonable alternatives to meet the transparency requirements have been explored and found impracticable. In such cases, the street-facing façade must incorporate at least two of the following elements to maintain visual interest and reinforce the building’s relationship to the public realm:

(1) Upper story windows;

(2) Integrated public art or decorative wall treatments visible from the street;

(3) Pedestrian-scale lighting;

(4) Wrap-around porch or stoop; or

(5) A garden designed for active use such as growing food or flowers.

5. Blank walls visible from the public sidewalk must not exceed 20 linear feet. Walls along interior side lot lines are exempt from this requirement.

6. All outdoor electrical, plumbing, and mechanical equipment must be located behind the front facade or concealed from street view with a screen or wall. These facilities may encroach into side or rear yard setbacks. Equipment located on a roof must be screened from view of the street.

7. Encroachments. Encroachments are permitted as follows and as set forth in Section 18.22.255 for green building structures and equipment:

a. Minor facade elements may encroach into setbacks as follows:

(1) Roof overhangs, cornices, window and door surrounds, and other facade decorations may encroach into setbacks up to two feet beyond the structure to which they are attached; and

(2) Minor facade elements must not encroach into rights-of-way.

b. Major facade elements may encroach into setbacks as follows:

(1) Major facade elements may encroach according to frontage type as specified in Table 6; and

(2) Major facade elements include bay windows, bow windows, balconies, stoops, porches, and terraces. Elements may encroach into setbacks according to Table 7.

Table 6. Frontage Types1
Frontage	RS7200	RS5000	RM/NB
Porch	P	P	P
Stoop	P	P	P
Terrace	P	P	P
Common Entry			P
1The Porch, Stoop, and Terrace frontage types may be used for shared entries. The Common Entry frontage type reflects a different set of dimensional standards for certain shared entries permitted in the RM and NB zones, but it is not required for all shared entry configurations.

Table 7. Encroachments
Major facade element	Permitted encroachment
Bay or bow window	100% the depth of the window (within front or side street setbacks only)
Projecting balcony	100% the depth of balcony (within front or side street setbacks only)
Porch	Up to 50% of the front or side street setback
Stoop	Up to 75% of the front or side street setback
Terrace	Up to 75% of the front or side street setback
Common entry	Up to 50% of the front or side street setback

8. All frontage types require landscape planting around the outside of the entry.

a. Common entry frontages may include an optional planter within the front setback.

b. Planter height may not exceed 24 inches.

Table 8. Frontage Standards
Porch
A	Property line
B	Building facade
C	Depth	6 ft. min.
Stoop
A	Property line
B	Building facade
C	Depth	4 ft. min.
Terrace
A	Property line
B	Building facade
C	Depth	10 ft. min.
Common Entry
A	Property line
B	Building facade
C	Height above grade	Zero step entry
D	Depth	Optional planter – Depth of the front setback

H. Use. Section 18.09.010 regulates use and building type for the residential zoning districts. Table 4 supersedes Section 18.09.010 for building type per district.

I. Usable Open Space Requirements.

1. Usable Open Space Defined. Open space – whether private or shared – must be designed and constructed to be functional, accessible, and comfortable for active and passive use by residents. Meeting dimensional requirements alone does not guarantee that open space will be considered usable. To be considered usable, open space must:

a. Be located and graded in a manner that supports its intended use and does not simply serve as leftover or transitional space; and

b. Provide a clear area that is not used primarily for circulation or access to individual units (e.g., walkways, driveways).

2. Total Required Usable Open Space. Usable open space dimensions and area must meet the requirements of Table 5. Total usable open space on a site shall be at least 300 square feet per dwelling unit. Usable open space must be provided on the same parcel as the units it serves and may not be located on a separate tract. Usable open space may be provided in one or more of the following ways:

a. Private Open Space. Private open space may include, but is not limited to, yards, patios, terraces, or balconies. When provided, private open space shall be immediately adjacent and accessible to individual residential units with no dimension less than six feet.

b. Shared Open Space. Shared open space shall be accessible to all residents of the lot and shall not include driveways or parking areas.

(1) Outdoor shared open space may include, but is not limited to, patios, terraces, courtyards, plazas, rooftop decks, lawns and gardens, children's play areas, picnic and barbeque areas, and outdoor sports equipment and facilities. Outdoor shared open space may be located within required yard setbacks.

(2) Shared open space is required only for the Cottage Court and Multifamily Courtyard building types and must meet the dimensional requirements of Table 5.

3. Permeable Open Space. Outdoor open space should be designed to be permeable whenever feasible to allow groundwater to recharge. Impervious surfaces shall not exceed 50% of the total open space area. Open space provided on the building rooftops is exempt from this 50% impervious surface limit.

J. Lighting. MFI-FBC overlay district lighting must meet the following standards:

1. All light sources shall be directed downward and focused on the subject so that no light spillage results;

2. Glare shall be prevented by using shielded and focused light sources;

3. All light sources shall be concealed from adjoining properties;

4. Energy efficient light sources are required; and

5. Uplighting of building faces or outlining the frame of a building is prohibited.

K. Parking Standards. With the goal of increasing housing affordability, the MFI-FBC applications are not subject to the parking requirements of Section 18.22.130 and are regulated as follows:

1. One automobile parking space is required per dwelling unit;

a. For developments affordable to, and occupied by, households with incomes at or below 50% of the median family income, 0.75 parking spaces per dwelling unit are required.

2. Required parking may be fulfilled in the following locations:

a. Within the same lot;

b. Within an adjacent shared parking lot; and

c. On-street parking spaces located along lot lines. On-street parking spaces are available for the public and not reserved for the parcel.

3. Off-Street Automobile Parking Design.

a. Off-street parking must meet AASHTO size and configuration standards and the construction requirements of Section 18.22.140;

b. Parking must be located according to Table 1 through Table 3 and in compliance with subsection K.2 of this section;

c. Off-street parking must be accessed by rear lanes where available;

d. Where rear lanes are not available, off-street parking may be accessed from the following locations:

(1) From side streets for corner lots; driveways must be located near the rear lot line; and

(2) For mid-block lots, parking may be accessed from the primary frontage;

e. Front and side access driveways providing access to off-street parking are limited to 10 feet in width for one-way egress, and 20 feet in width for two-way egress; and

f. Parking lots must be screened along front and side street lot lines by a wood fence or a hedge no less than four feet in height to screen the view of the parking lot.

4. The number of required electric vehicle charging stations shall comply with Section 18.22.115.

(Ord. 1081 § 4 (Exh. D), 2021; Ord. 1139, 12/1/2025)

§ 18.13.060 Process and administration.

This section augments and is in addition to the procedures for site plan and building permit approval otherwise set forth in this chapter.

A. MFI-FBC Permit Review Process.

1. A preapplication conference between the applicant or representative and the planning official is required before the city will accept an MFI-FBC permit application.

a. The purpose of this conference is for the applicant to familiarize the planning official with the proposed application, and for staff to review with the applicant the city's submittal requirements and processing procedures for MFI-FBC permit approval.

b. The applicant shall present the following information:

(1) Location and description of critical areas;

(2) Proposed building type(s); and

(3) Proposed building height(s).

2. After the preapplication conference a Type 1 site plan review is required pursuant to Section 18.27.030.

3. After the Type 1 review has been completed and approved, the applicant may proceed with required permits pursuant to Title 15.

B. MFI-FBC Permit Conditions of Approval. An MFI-FBC permit shall not be approved unless it is found to meet the following criteria or appropriate conditions are imposed so that the following criteria are met:

1. The project complies with all applicable adopted policies, standards and regulations;

2. Significant adverse environmental impacts are appropriately mitigated; and

3. The proposed project will have no adverse financial impact upon the city at each phase of development, as well as at full build-out.

C. Binding Site Plan. All binding site plans shall comply with Section 18.22.220 and all unit lot subdivisions shall comply with Chapter 17.09.

D. Design Review. For all applications submitted under this chapter, the city of Langley design review standards set forth in Chapter 18.34 are not applicable.

E. Building Permits. MFI-FBC building permit applications must include the following:

1. Building setbacks in compliance with Section 18.13.050C;

2. Parking placement in compliance with Section 18.13.050D;

3. Assignment of building types in compliance with Section 18.13.050E;

4. Building height in compliance with Section 18.13.050F;

5. Assignment of frontage types in compliance with Section 18.13.050G;

6. Open space in compliance with Section 18.13.050I;

7. Lighting in compliance with Section 18.13.050J; and

8. Parking in compliance with Section 18.13.050K.

F. Deviations. Two processes exist to apply for deviation from the requirements of this chapter: administrative waivers and variances. The variance process in Chapter 18.30 shall be used for a variance application.

1. The request for an administrative waiver or variance only subjects to review that portion of the proposal necessary to rule on the specific issue requiring the requested relief.

2. Administrative Waivers. Administrative waivers may permit a practice not consistent with a specific provision of this chapter but that is otherwise justified pursuant to Table 9.

3. The planning official has the authority to approve or disapprove a request for an administrative waiver. In order to receive approval of an administrative waiver, the applicant must provide evidence that:

a. The waiver is consistent with the intent of this chapter;

b. The waiver is consistent with the comprehensive plan;

c. The waiver will not materially endanger the public health or safety or constitute a public nuisance if developed according to the information submitted; and

d. The location and character of the use will be in harmony with proximate land uses, and consistent with the purposes of this chapter.

4. Decisions regarding an administrative waiver must state in writing the reasons for the decision and must be delivered to the applicant by either first class mail or electronically.

5. Appeals of the decision on an administrative waiver may be made to the hearing examiner pursuant to Section 18.36.120.

Table 9. Administrative Waiver Criteria
Relief Type	Required Findings	Allowed Relief
Setbacks
Increase the maximum setback or decrease the minimum setback due to existing site features such as trees, streams, wetlands, or topographical changes.	Existing site features would be negatively impacted if buildings follow the required setback; or The constraint of existing site features would not allow for construction of habitable spaces within buildings.	20% max.
Private Open Space
The requirement for private open space may be waived in exchange for an equal or greater amount of shared open space.	One or more of the following hardship conditions must be met: 1. Due to site size, shape, topography, critical areas, easements, or other existing physical constraints, strict compliance with private open space standards would negatively impact existing site features; or 2. The applicant demonstrates, through site and financial analysis, that the requirement for private open space would result in disproportionate cost such that the project would be infeasible; or 3. Due to site topography, grade changes, or other physical conditions, providing private open space would conflict with ADA accessibility requirements or other code-mandated circulation and entry standards, making a functional unit layout or site design infeasible; or 4. Upper-level private open space (such as balconies) would be inconsistent with the established architectural character of surrounding residential development. In all cases, the shared open space provided in lieu of private open space shall be accessible to all residents, functionally usable, provide comparable amenity value, and be visibly and physically integrated into the overall site design.	Up to 100% private open space in exchange for an equal or greater amount of shared open space.

G. Affordable Housing. All developments subject to this chapter shall either provide affordable dwelling units as part of the project or pay a fee in-lieu as further specified below.

1. Applicability.

a. New projects proposing six or more dwelling units are required to provide affordable dwelling units on-site. A minimum of 15% of the total number of proposed units, rounded up to the nearest whole number, shall be designated as affordable.

b. New projects proposing five or fewer units may opt to pay a fee in lieu of providing affordable dwelling units on-site, subject to the conditions of subsection G.3 of this section.

2. On-Site Affordable Housing Requirements.

a. The property owner shall, prior to issuance of any certificate of occupancy for the project, record an affordable housing covenant, in a form approved by the City, with the Island County Auditor. The covenant shall run with the land and be binding on the owner(s), their heirs, successors, and assigns. At a minimum, the covenant shall:

(1) Prohibit use of the affordable housing unit(s) for any purpose other than for affordable housing, as defined in Section 18.01.040;

(2) Specify income eligibility restrictions and price or rent limits applicable to the affordable unit(s);

(3) Require that the affordable unit(s) remain in use as affordable housing for the life of the project and not be converted to any other use during that period; and

(4) Include monitoring and reporting requirements and any other provisions deemed necessary by the City to ensure compliance with the affordable housing requirements.

b. Construction of the affordable housing units must be delivered at the same time as the construction of market rate dwelling units. This is measured at the time of final inspection and occupancy. The City may withhold occupancy of market rate units if affordable units are not delivered consistent with this section.

c. Prior to the issuance of any permit(s), the Planning Official shall review and approve the location and unit mix of the affordable housing units consistent with the following standards:

(1) The location of the affordable housing units must be approved by the Director, with the intent that they generally be interspersed with all other dwelling units in the development.

(2) The tenure (ownership or rental) of the affordable housing units must be the same as the tenure for the rest of the housing units in the development.

(3) The affordable housing units must contain a mix of number of bedrooms that is generally proportionate to the bedroom mix of units in the overall development.

(4) The affordable housing units must consist of a mix of housing structure types that is generally proportionate to the mix of housing structure types in the overall development.

(5) The size of the affordable housing units must be provided in a range of sizes comparable to those units that are available to other residents. In no case may the affordable housing units be more than 10% smaller than the comparable dwelling units in the development.

(6) The exterior materials and design of the affordable housing units must be comparable with the other dwelling units in the development, with similarity in building finishes, rooflines and landscaping. The interior finish, durability, and quality of construction of the affordable housing units must at a minimum be comparable to entry level rental or ownership housing in the City.

(7) The affordable housing units shall include the same water- and energy-saving fixtures and be equipped with the same electrical infrastructure as other dwelling units in the development.

3. Fee in Lieu of Affordable Housing.

a. The amount, calculation, and use of the fee shall be established in an Affordable Housing In-Lieu Fee Plan adopted by the City Council by resolution. The plan shall specify the method for calculating the fee, procedures for payment, and guidelines for investing collected funds in affordable housing consistent with City objectives. The plan may be updated from time to time to reflect current market and construction conditions.

b. Prior to issuance of any building permits for the project, the City and the applicant shall execute a written agreement establishing the applicant’s payment obligations for the project.

c. The payment shall be made in full prior to issuance of any certificate of occupancy for the project.

d. The City shall deposit all collected payments in an affordable housing fund established by the City.

H. Fees. MFI-FBC applications are subject to all fees required by Chapter 18.36, and otherwise as may be adopted by the city council.

I. Revocation of MFI-FBC Permit. The city council may amend or revoke the MFI-FBC permit and any or all conditions of MFI-FBC approval, after public hearing and notice under the following circumstances:

1. A condition of the MFI-FBC approval has been violated and the violation has not been corrected after 60 days' notice of the violation unless said violation can be corrected in the judgment of the city through the use of a duly posted performance or maintenance bond provided at the time of MFI-FBC approval;

2. An MFI-FBC condition of approval has been violated that cannot be corrected, such as the destruction of wetlands or removal of trees and vegetation that was specifically prohibited, unless the condition resulting from the violation cannot be restored to its condition existing before the violation within 60 days; and

3. The provisions of this subsection I notwithstanding, the amendment of the MFI-FBC permit approval shall not affect vested or previously approved building permits.

(Ord. 1081 § 4 (Exh. D), 2021; Ord. 1139, 12/1/2025)