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(1) When located within the zones identified in subsection (2) of this section, the following exempt levels are established for new construction under RCW 43.21C.229:

(a) Residential development above the flexible thresholds in CMC 16.10.090;

(b) Mixed-use development; or

(c) Commercial development up to 65,000 square feet, excluding retail development.

(2) Infill development exemptions shall apply in the following downtown zones:

(a) General commercial (GC);

(b) Mixed commercial (MC);

(c) Mixed housing/office (MHO);

(d) Town center (TC).

(3) The infill exemptions in this subsection do not apply when:

(a) The project is undertaken wholly or partly on lands covered by water as defined in WAC 197-11-756;

(b) If a rezone is required;

(c) The project requires a license governing emissions to the air or discharges to water; or

(d) The project is proposed within a critical area.

(4) The City establishes the following exempt levels for construction of uses stated in subsection (1) of this section. Development will be allowed under this exemption up to the point that development levels of housing, jobs, and trips have been achieved in the Downtown zones in subsection (2) of this section, unless denied by concurrency.

Net New Residential (Dwelling Units)

Net New Commercial (Square Feet)

Amount: 2020-2035+

1,235

411,160

(5) Concurrency. Development applications that qualify for the infill exemption shall meet the transportation concurrency requirements and the LOS thresholds established in Chapter 12.100 CMC, Transportation Concurrency Management.

(6) Findings. The SEPA responsible official shall determine the infill exemption applies when the applicant has satisfactorily demonstrated:

(a) All requirements in subsections (1) through (5) of this section are met.

(b) The proposal is located in the applicable zones in subsection (2) where the City has identified that current density and intensity of use in the area is roughly equal to or lower than called for in the goals and policies of Covington comprehensive plan. The proposal is consistent with Covington comprehensive plan and does not exceed the density or intensity of use called for in the goals and policies of the Covington comprehensive plan.

(c) Specific impacts are adequately addressed by the development regulations or other applicable requirements of the Covington comprehensive plan or other local, state, or federal rules or laws.

(d) The Downtown Form Based Code and Infill Exemption Environmental Impact Statement (August 2, 2021) considers the proposed density and intensity of use in the boundaries of zones identified in subsection (2) of this section.

(e) All exempt development applications have paid applicable impact fees per Chapter 19.30 CMC, Transportation Impact Fee. Infill exemption proposals shall pay their proportionate share of the cost of transportation improvements identified as mitigation measures in the Downtown Form Based Code and Infill Exemption Environmental Impact Statement (August 2, 2021) that are not included in the impact fee basis in Chapter 19.30 CMC. (Ord. 08-21 § 5 (Exh. D))