18A.40.120 Special needs housing.
A. Intent. It is found and declared that special needs housing facilities are essential public facilities which provide a needed community service. Public health and safety require that these facilities be subject to certain conditions.
B. Special Needs Housing Table. See subsection C of this section for development and operating conditions. See LMC 18A.10.120(D) for the purpose and applicability of zoning districts. See Chapter 18A.50 LMC, Article III, for the emergency housing and emergency shelter overlay (EHESO) district map.
Description(s) | R1, R2, R3, R4 | MR1, MR2 | MF1, MF2, MF3 | ARC, NC1, NC2 | TOC, CBD | C1, C2, C3 | IBP, I1, I2 | OSR1, OSR2 | PI | ML, CZ, AC1, AC2 |
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– | C | P | P | P | P | – | – | – | – | |
P | P | P | P | P | – | – | – | P | – | |
– | C | P | P | P | P | – | – | – | – | |
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– | – | – | C | C | C (C2 zone only) | – | – | – | – | |
C | C | P | – | – | – | – | – | – | – | |
– | C | P | P | P | P | – | – | – | – | |
P | P | P |
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P | – | – | C | – | |
P | P | P | P | P | – | – | – | C | – | |
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P | – | – | C | – | |
P | P | P | P | P | – | – | – | C | – | |
P | P | P | P | P | – | – | – | C | – | |
– | C | C | C | C | – | – | – | C | – | |
– | – | – | – | – | C (C1 and C2 zones only) | – | – | – | – | |
– | – | – | C (NC2 zone only) | C | C (C2 zone only) | – | – | – | – | |
P: Permitted Use C: Conditional Use – : Not allowed
C. Development and Operating Conditions.
1. Adult Family Homes. Adult family homes are permitted, subject to obtaining a state license in accordance with Chapter 70.128 RCW, Chapter 220, Laws of 2020 and the following:
a. Compliance with all building, fire, safety, health code, and City licensing requirements;
b. Conformance to lot size, setbacks, building coverage, hard surface coverage, and other design and dimensional standards of the zoning classification in which the home is located.
2. Development Conditions for Special Needs Housing.
a. Applications for special needs housing facilities shall be processed in accordance with the standard procedures and requirements as outlined in Chapter 18A.20 LMC, Article I, and with the following additional requirements:
i. Required Submittals. Applications for special needs housing for special needs housing facilities are public records and shall include the following:
(a) A land use permit application containing all of the required information and submissions set forth in Chapter 18A.20 LMC, Article I;
(b) A copy of any and all capital funding grants or award contracts related to the construction of a new structure or conversion of an existing structure to operate as a special needs housing facility;
(c) Written documentation from the applicant agreeing to hold a public informational community meeting within four (4) weeks, but no sooner than two (2) weeks, from the time of application. The purpose of the community meeting is to provide an early, open dialogue between the applicant and the neighborhood surrounding the proposed facility.
The community meeting should acquaint the neighbors of the proposed facility with the operators and provide for an exchange of information about the proposal, including the goals, mission, and operation and maintenance plans for the proposed facility; the background of the operator, including their capacity to own, operate, and manage the proposed facility. The meeting is also an opportunity for the community to make the operator aware of the characteristics of the surrounding community and any particular issues or concerns.
The applicant shall provide written notification of the meeting to the appropriate neighborhood council, qualified neighborhood and community organizations, and to the owners of property located within three hundred (300) feet of the project site.
If the use is proposed in an existing facility, the community meeting shall be held following an inspection of the existing facility per subsection (C)(2)(a)(i)(d) of this section.
(d) Written request from the applicant to the Fire Marshal and Building Official for an inspection of an existing facility to determine if the facility meets the building and fire code standards for the proposed use. The purpose of this inspection is not to ensure that a facility meets the applicable code requirements or to force an applicant to bring a proposed facility up to applicable standards prior to application for a permit, but instead is intended to ensure that the applicant, the City, and the public are aware, prior to making application, of the building modifications, if any, that would be necessary to establish the use.
(e) An operation plan that provides per subsection (C)(5)(b)(i)(c)(iii) of this section information about the proposed facility and its programs, per the requirements of the Community and Economic Development Department.
ii. Participation in HMIS. All special needs housing facilities should participate in the Pierce County homeless management information system (HMIS).
3. Development Application Process – Residents of Domestic Violence Shelters – Special Accommodations. The Director may grant special accommodation to individuals who are residents of domestic violence shelters in order to allow them to live together in single-family dwelling units subject to the following:
a. An application for special accommodation must demonstrate to the satisfaction of the Director that the needs of the residents of the domestic violence shelter make it necessary for the residents to live together in a group of the size proposed, and that adverse impacts on the neighborhood from the increased density will be mitigated.
b. The Director shall take into account the size, shape and location of the dwelling unit and lot, the building occupancy load, the traffic and parking conditions on adjoining and neighboring streets, the vehicle usage to be expected from residents, staff and visitors, and any other circumstances the Director determines to be relevant as to whether the proposed increase in density will adversely impact the neighborhood.
c. An applicant shall modify the proposal as needed to mitigate any adverse impacts identified by the Director, or the Director shall deny the request for special accommodation.
d. A grant of special accommodation permits a dwelling to be inhabited only according to the terms and conditions of the applicant’s proposal and the Director’s decision. If circumstances materially change or the number of residents increases, or if adverse impacts occur that were not adequately mitigated, the Director shall revoke the grant of special accommodation and require the number of people in the dwelling to be reduced to six (6) unless a new grant of special accommodation is issued for a modified proposal.
e. A decision to grant special accommodation is a Process Type I action. The decision shall be recorded with the Pierce County Auditor.
4. Development Registration Process of Existing Special Needs Housing. The state intends to regularly allocate a number of people the City should expect to accommodate in special needs housing. To ensure that the City is aware of the existing special needs housing operating within the City, those operating special needs housing prior to the effective date of the ordinance codified in this title shall register with the Community and Economic Development Department within one (1) year after the effective date of the ordinance codified in this title. Such registration shall be in a form provided by the Community and Economic Development Department and shall include the following information:
a. The type of facility;
b. The location of the facility;
c. The size of the facility, including the number of clients served and number of staff; and
d. Contact information for the facility and its operator.
5. General Development and Operating Conditions – Emergency Housing, Emergency Shelter, Permanent Supportive Housing, and Transitional Housing Development and Operation Conditions.
a. Purpose and Applicability.
i. The purpose of this section is to establish reasonable standards for the safe operation and appropriate siting of emergency housing, emergency shelter, permanent supportive housing, and transitional housing facilities within the City of Lakewood, so as to protect public health and safety for both facility residents and the broader community. This section does not include regulations for foster care facilities or group homes.
ii. Supportive housing facilities are allowed in all residential districts, provided they are of a similar scale as surrounding development (e.g., lot coverage, setbacks, impervious surface requirements, building height, etc.) As the needs of residents increase and/or the size of the facilities increase, such facilities should be located within areas of the City that allow increasing intensity of use and are in proximity of services in accordance with state law.
b. Performance Standards.
i. General Requirements for Emergency Housing, Emergency Shelter, Permanent Supportive Housing, and Transitional Housing Operations and Development Conditions.
(a) General.
(i) When a site includes more than one (1) type of facility, the more restrictive requirements of this section shall apply.
(ii) Each facility application will be reviewed through the Type 1 administrative permit review process in Chapter 18A.20 LMC. In considering whether the permit should be granted, the Director shall use the requirements in this code to consider the effects on the health and safety of facility residents and the neighboring communities.
(iii) All facilities shall comply with all federal, state, county and local requirements to ensure housing safety and habitability. See, e.g., the Pierce County, WA Homeless Housing Program Policy and Operations Manual Chapters 5, 6, 7, and 8.
(iv) All facilities are subject to the business license requirements under Chapter 5.02 LMC as applicable.
(v) All facilities must comply with the Building and Construction Code under LMC Title 15. All facilities must also comply with the relevant provisions of LMC Title 18A and with LMC Title 18B or 18C if applicable.
(vi) All facilities must comply with the provisions of crime prevention through environmental design (CPTED) under LMC 18A.60.090, 18B.500.530 or 18C.500.530 as applicable; provided, however, that existing buildings being converted to emergency housing, emergency shelter, permanent supportive housing or transitional housing shall not be required to make structural changes solely to comply with CPTED unless the relevant structural elements of the building are being altered as part of the conversion.
(b) Site and Transit.
(i) Facilities shall match the bulk and scale of residential uses allowed in the zone where the facility is located.
(ii) Exterior lighting must comply with LMC 18A.10.135.8 and 18A.60.095.
(iii) The minimum number of off-street parking spaces required for each facility will be determined by the Director through the approval process per Chapter 18A.80 LMC, Chapter 18B.600 LMC, or Chapter 18C.600 LMC and taking into consideration factors such as the potential number of residents, site constraints, and impact on the surrounding neighborhood.
(iv) A description of transit, pedestrian, and bicycle access from the subject site to services must be provided at time of application by the sponsor and/or managing agency.
(c) Facility Operations.
(i) The sponsor or managing agency shall comply with all relevant federal, state, and local laws and regulations. The facility is subject to inspections by local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period.
(ii) Service providers must provide on-site supervision of facilities and program participants at all times, unless providers demonstrate in the operations plan that another level of supervision will be effective in keeping residents and the public healthy and safe.
(iii) The sponsor or managing agency must provide the City with an operation plan at the time of the application per subsection (C)(2)(a)(i)(d) of this section that adequately addresses the following elements:
(A) Name and contact information for key staff;
(B) Roles and responsibilities of key staff;
(C) Site/facility management, including security policies and an emergency management plan;
(D) Site/facility maintenance;
(E) Occupancy policies, to the degree legally applicable, including resident responsibilities and a code of conduct that address, at a minimum, the use or sale of alcohol and illegal drugs, threatening or unsafe behavior, and weapon possession;
(F) Provision for human and social services, including staffing plan, credentials or certification, and outcome measures;
(G) Outreach with surrounding property owners and residents and ongoing good neighbor policy; and
(H) Procedures for maintaining accurate and complete records.
(iv) Sponsors or managing agencies shall provide the City with accurate, written documentation demonstrating that the agency has applicable experience providing similar services to people experiencing homelessness.
(v) Sponsors or managing agencies shall provide the City with accurate, written documentation demonstrating that the agency has a stable funding source for the facility and any on-site or off-site human and social services offered as part of the operations plan.
ii. Special Conditions for Emergency Housing and Emergency Shelters. In addition to the requirements under subsection (C)(5)(b)(i) of this section, emergency housing and emergency shelters are required to comply with the following:
(a) Facility Standards.
(i) No special needs housing may be located within a one thousand (1,000) foot radius of another property unless sponsored by the same governmental, religious, or not-for-profit agency.
(ii) In residential zones, no more than one (1) adult bed per two hundred fifty (250) square feet of floor area is allowed per facility. For the purposes of this section the following zones are considered residential zones: R1, R2, R3, R4, MR1, MR2, MF1, MF2, and MF3.
(iii) In all other zones, no more than one (1) adult bed per thirty-five (35) square feet of floor area is allowed per facility.
(b) Facility Operations.
(i) Trash receptacles must be provided in multiple locations throughout the facility and site. A regular trash patrol in the immediate vicinity of the site must be provided.
(ii) No children under the age of eighteen (18) are allowed to stay overnight in the facility, unless: the child is emancipated consistent with Chapter 13.64 RCW; accompanied by a parent or guardian; or the facility is licensed to provide services to this population. If an nonemancipated child under the age of eighteen (18) without a parent or guardian present attempts to stay in a facility not specifically licensed for providing housing to youth, the sponsor and/or managing agency shall immediately contact Child Protective Services and actively endeavor to find alternative housing for the child.
(iii) No person under sex offender registration requirements can receive services from a provider, unless providing such services is consistent with the laws, regulations, and/or supervisory requirements related to such persons.
(c) Facility Services.
(i) Residents shall have access to the following services on site; if not provided on site, transportation shall be provided:
(a) For all facilities, medical services, including mental and behavioral health counseling.
(b) For emergency housing facilities, access to resources on obtaining permanent housing and access to employment and education assistance.
(c) For emergency shelter facilities, substance abuse assistance.
(ii) All functions associated with the facility, including adequate waiting space, must take place within a building or on the site proposed to house the facility.
(iii) Facilities serving more than five (5) residents shall have dedicated spaces for residents to meet with service providers.
(iv) The sponsor or managing agency shall coordinate with the homelessness service providers for referrals to their program and with other providers of facilities and services for people experiencing homelessness to encourage access to all appropriate services for their residents.
iii. Special Conditions for Permanent Supportive and Transitional Housing. In addition to the requirements under subsection (C)(5)(b)(i) of this section, permanent supportive housing and transitional housing are required to comply with the following:
(a) Facility Standards.
(i) In residential zones, individual facilities shall not have more than eighty (80) dwelling units and are subject to the density standards of residential uses allowed in the zone where the facility is located. For the purposes of this section the following zones are considered residential zones: R1, R2, R3, R4, MR1, MR2, MF1, MF2, and MF3.
(ii) The multifamily housing design standards of LMC 18A.60.030 shall apply to all facilities with more than five (5) dwelling units.
(b) Facility Services.
(i) All residents shall have access to appropriate cooking and hygiene facilities.
(ii) Facilities serving more than five (5) dwelling units shall have dedicated spaces for residents to meet with service providers.
(iii) Residents shall have access to the following services on site or shall be provided transportation to such services by the sponsor or managing agency:
(a) Medical services, including mental and behavioral health counseling.
(b) Employment and education assistance.
6. Abandonment of Special Needs Housing Use. Any existing special needs housing facility that is abandoned for a continuous period of one (1) year or more shall not be permitted to be reestablished, except as allowed in accordance with the standards and requirements for establishment of a new facility. [Ord. 789 § 2 (Exh. A), 2023; Ord. 738 § 2 (Exh. A), 2020; Ord. 726 § 2 (Exh. B), 2019.]