Chapter 19.20
RESIDENTIAL ZONING DISTRICTS

Sections:

19.20.010    Purpose.

19.20.020    Uses.

19.20.025    Recreational marijuana prohibited.

19.20.030    Density and dimensional standards.

19.20.040    Townhouse development standards.

19.20.050    Traditional neighborhood residential standards.

19.20.060    Multifamily development standards.

19.20.070    Supplemental standards.

19.20.080    Accessory use and building standards.

19.20.010 Purpose.

It is the city’s intent that residential neighborhoods and uses be developed and preserved against intrusions by incongruous land uses. These zone classifications are established, in order to permit a variety of housing and population densities with minimum conflict. Protection is provided against hazards, objectionable influences, traffic and building congestion, undue strain on municipal services, and lack of light, air and privacy. Certain essential and compatible public service facilities and institutions are permitted in these districts.

There are five primary residential zoning districts established for the city, including two lower density designations (R-1, TNR), one medium density designation (R-2) and two high density zones (R-3, R-4). More limited (secondary) residential development is allowed in some commercial zone designations as provided for in other chapters. This chapter provides standards for residential land use and development and is based on the following principles:

(1) Promote the orderly expansion and improvement of neighborhoods;

(2) Make efficient use of land and public services and implement the Longview comprehensive plan;

(3) Designate land for the range of housing types and densities needed by the community, including owner-occupied and rental housing;

(4) Provide flexible lot standards that encourage compatibility between land uses, efficiency in site design, and environmental compatibility;

(5) Provide for compatible building and site design at an appropriate neighborhood scale; provide standards that are in character with the landforms and architecture existing in the community;

(6) Apply the minimum amount of regulation necessary to ensure compatibility with existing residences, schools, parks, transportation facilities, and neighborhood services. Reduce reliance on the automobile for neighborhood travel and provide options for walking, bicycling, and transit use; and

(7) Provide direct and convenient access to schools, parks and neighborhood services. (Ord. 3122 § 14, 2010).

19.20.020 Uses.

Table 19.20.020-1 includes uses that are permitted (“P”) or allowed through a special property use permit (“SPU”). If a field is blank, the use is not allowed in that particular zone. A field that is marked with a “P-PUD” symbol is only permitted if allowed via an approved planned unit development (PUD) and preliminary plat (as required) in accordance with Chapter 19.66 LMC. Approval of a PUD is discretionary and is not appropriate for development of a single residence on a single existing lot. Note that more specific development standards may apply to various uses as set forth in LMC 19.20.040, 19.20.050, 19.20.060 and 19.20.070.

Table 19.20.020-1 Permitted Uses in Residential Districts 

Use

Zoning District

 

R-1

R-2

R-3

R-4

TNR

Single-family dwelling1

(including manufactured homes per Chapter 16.38 LMC)

P

P2

See note 1

See note 1

P

Duplex (two-family dwellings)

 

P2

P

P

 

Triplex (three-family dwellings)

 

P2

P

P

 

Fourplex (four-family dwellings)

 

P2

P

P

 

Multifamily dwelling

 

P-PUD

P

P

 

Townhouse (single-family attached dwelling)

P-PUD

P

P

P

P-PUD

Townhouse (two attached townhouses only per zero lot line provisions)

 

 

 

 

P

Accessory dwelling unit5

P

P

P

P

P

Home occupation

P

P

P

P

P

Accessory structure

P

P

P

P

P

Manufactured home park

SPU

 

 

 

 

Day care, family home with 12 or fewer children

P

P

P

P

P

Day care center (exceeding 12 children)

 

SPU

SPU

P

 

Adult family home

P

P

P

P

P

Residential treatment facilities other than adult family homes and those listed elsewhere in the use table

 

 

 

SPU

 

Congregate care, assisted living and continuing care facilities and nursing homes for elderly individuals; including accessory services to the above uses

 

 

SPU

P

 

Hospitals, medical clinics, health care providers as they are defined in RCW 48.44.010(10) and (15) as presently enacted or hereafter amended; including accessory services to the above uses

 

 

 

P6

 

Office buildings, office uses

 

 

 

P

 

Hotels and motels

 

 

 

SPU

 

Home gardens and gardening of vacant land3

P

P

P

P

P

Public or private schools

SPU

SPU

SPU

SPU

SPU

Parks and public playgrounds, including public facilities for athletic events

P

P

P

P

P

Religious and secular assembly uses

SPU

SPU

SPU

SPU

SPU

Public utility structures

SPU

P

P

P

SPU

Cemeteries, funeral homes and associated uses

SPU

SPU

SPU

SPU

SPU

Agricultural activity per LMC 19.20.070(2)

P

 

 

 

P

Wireless facilities4

See note 4

 

 

 

 

Public safety facility6

SPU

SPU

SPU

SPU

SPU

Notes:

1. New single-family dwellings are only permitted within the R-3 and R-4 zones on lots existing at the time of the initial enactment of the ordinance codified in this chapter.

2. Only one single-family dwelling, duplex, triplex or fourplex shall be located on a legal lot unless otherwise approved via a planned unit development in accordance with Chapter 19.66 LMC. This note is not intended to prohibit accessory dwelling units.

3. For gardening on vacant land, no buildings are allowed except for one garden shed not to exceed 100 square feet in size and with a height not to exceed 10 feet. The garden shed is subject to the setback requirements of a primary building.

4. Please see Chapter 16.75 LMC for wireless communication locations, standards and requirements.

5. Detached accessory dwelling units are not permitted in townhouse, zero lot line detached housing, or attached zero lot line housing developments.

6. An ambulance service facility is only permitted when integrated with a public safety facility such as a fire station.

(Ord. 3268 § 2, 2014; Ord. 3182 § 2, 2011; Ord. 3122 § 14, 2010).

19.20.025 Recreational marijuana prohibited.

No recreational marijuana producer, processor or retail outlet may locate within any residentially zoned district or within any residential unit in the city. (Ord. 3262 § 1, 2014).

19.20.030 Density and dimensional standards.

Table 19.20.030-1 provides the density and dimensional standards for each zone. Note that other dimensional standards may be approved as part of a planned unit development (PUD) per Chapter 19.66 LMC for new subdivisions and other forms of larger-scale development. A PUD cannot be used to increase density over the base zoning standards. No building, structure or use shall hereafter be erected, constructed or established on a lot that does not meet the requirements for lots as contained in this chapter and for the district in which said lot is located, except for nonconforming lots of record as defined in Chapter 19.09 LMC.

Table 19.20.030-1 Density and Dimensional Standards by Zone 

Standard

Zoning District

 

R-1

R-2

R-3

R-4

TNR

Minimum lot size (square feet)

6,000; townhouses per PUD approval

1,800 (townhouses); 6,000 (other uses)

1,800 (townhouses); 6,000 (other uses)

1,800 (townhouses); 6,000 (other uses)

5,000; 2,000 (townhouse), unless otherwise approved via PUD process

Minimum lot frontage/width (feet)

50

20 (townhouse); 50 (other)

20 (townhouse); 50 (other)

20 (townhouse); 50 (other)

35 (zero lot line and two-unit townhouses); 451 (other)

Minimum lot frontage on a cul-de-sac

In all zones, lot frontage on cul-de-sac lots may be reduced up to 25 percent of base standard (see above)

Maximum density (units per acre)

6 units

18 units

25 units9

25 units9

8 units2

Front yard setback (feet)

25

25

20

20

20

Front yard setback (alley-loading)3

15

15

10

10

10

Rear yard setback4 (feet)

15

10

10

10

10

Side yard setback5 (feet)

5

5

5

5

56

Side yard (street) setback – corner lot, street flanking (feet)

15

15

15

15

10

Maximum building height – residential (feet)

35

35

45, with no building over 4 stories

60, with no building over 6 stories

35

Maximum building height – accessory building (feet)7

20

20

20

20

20

Maximum impervious area of lot8

65%

65%

75%

75%

65%

Notes/Additional Standards:

1. Residences designed as zero lot line units, including two-unit townhouse structures, shall adhere to the standards set forth in LMC 19.20.050(5) for lot width/frontage.

2. The allowable density may be increased to up to 12 units in TNR zones areas that are outside of the Columbia Valley Gardens neighborhood, as presently defined in the Longview Comprehensive Plan (Figure 3-1) or as subsequently amended.

3. The reduced front yard setback applies to lots in a subdivision or short subdivision where the reduced setback was approved as part of the overall approval process for the subdivision or short subdivision. To utilize the reduced setback, alley access must be provided and all off-street parking, garages and driveways for a given lot and residence shall be located and accessed from the alley.

4. See LMC 19.20.070(3)(c).

5. For single-family attached housing units (e.g., townhouses), the setback for the nonattached side of a dwelling unit (end units) shall be 10 feet (excepting corner lots), otherwise there is no side yard setback.

6. Homes in the TNR zone may utilize the zero lot line setback provisions set forth in this chapter.

7. See LMC 19.20.080(4)(c).

8. Townhouse units/lots are not subject to the maximum impervious area standard.

9. Congregate care, assisted living and other similar care facilities shall have a maximum density of 35 dwelling units per acre.

(Ord. 3263 § 1, 2014; Ord. 3182 § 3, 2011; Ord. 3122 § 14, 2010).

19.20.040 Townhouse development standards.

Townhouse development on new or existing lots shall adhere to the following standards:

(1) Each townhouse shall be located on its own legal lot of record.

(2) No more than eight townhouses shall be consecutively attached; provided, that no more than six units shall be consecutively attached in the R-2 and TNR zones. Townhouse buildings shall be separated by not less than 15 feet, inclusive of setback areas.

(3) Townhouse development shall be designed so that garage doors do not dominate the ground level street-facing facade and do not project beyond the front plane of the residence. This can be accomplished by incorporating alley access into site design and locating garage and parking areas to the rear or by limiting and including design elements. Garage doors shall not comprise more than 50 percent of the front yard facing facade of a townhouse and shall not extend beyond the front building elevation (plane of the structure).

(4) Townhouses with street-facing garages may have one driveway access located between the street and the primary building entrance for every two dwelling units, provided they meet the following criteria:

(a) Where two abutting townhouses have street-facing garages, they shall share one driveway access that does not exceed 16 feet in width where it crosses the sidewalk and intersects the street;

(b) All primary building entrances shall be connected to a driveway (and sidewalk) via a pedestrian walkway that is not less than three feet wide;

(c) The maximum number of consecutively attached townhouses with garages facing the same street is six (three shared driveways).

(5) Building facade modulation or appropriate architectural treatment shall occur at least every 30 feet along the length of facades facing adjacent properties or a public street. Minimum modulation depth shall be two feet. The use of covered front porches, end wall windows, building offsets/modulation, dormers and other design techniques shall be included in the design, although there is not a specific architectural requirement (see Figure 19.20.040-1 for examples of preferred design elements).

(6) Additional conditions for townhouse developments including provisions for landscaping, architectural design, recreation and open space, stormwater management, street and infrastructure improvements and other topic, may be required by the city as part of the platting, PUD and development process in accordance with applicable rules.

Figure 19.20.040-1. Townhouse design elements (not required design)

(Ord. 3122 § 14, 2010).

19.20.050 Traditional neighborhood residential standards.

The traditional neighborhood residential (TNR) zone allows for the construction of residences/neighborhoods that consist of smaller lots and homes, pedestrian circulation, alleys and other traditional neighborhood elements. In exchange for reductions in lot sizes, setbacks, street frontage and other requirements (when compared to the R-1 zone), design standards are applied to ensure compatible development. The following design standards are mandatory:

(1) Residential homes constructed on lots that were existing prior to the original effective date of the ordinance codified in this chapter do not have specific design standards.

(2) For single-family homes and townhouses located within a subdivision or short subdivision (short plat) approved after February 19, 2010, the following standards apply:

(a) Alley access is the preferred development pattern for single-family development and townhouse construction. Where houses are served by alleys, all garages and on-site parking shall be accessible from the alley and the facade of the house facing the public street shall be designed to include a primary building entrance consisting of porches, windows and pathways to the public sidewalks;

(b) When a land division creates three or more lots, a pedestrian walkway system shall extend throughout the development site and connect to all future phases of development, and to existing or planned off-site adjacent trails, public parks, and open space areas to the greatest extent practicable. The developer may also be required to connect or stub walkway(s) to adjacent streets and to private property with a previously reserved public access easement for this purpose;

(c) Street patterns shall utilize a traditional grid pattern to the extent feasible; and

(d) Garages with entry doors facing the street in single-family detached residential development shall be set back from the front face of the residential structure, including covered porches, by at least four feet. To qualify as a porch under this subsection, the porch must extend the full length of the street-fronting building facade that is not devoted to the garage. Garage doors may be located forward of the front face of the residential structure and be located up to 10 feet in the front yard setback, if placed so that entrance doors are perpendicular to the right-of-way; provided, that any such garage shall have windows, doors or other architectural treatments covering at least 30 percent of the wall facing the street.

(3) For townhouse units constructed as part of a PUD, the design standards set forth in LMC 19.20.040 shall be met; provided, that the city may approve an alternative design to address site-specific considerations that make strict adherence impractical as part of the PUD approval process.

(4) Average Setback Option. A proposed detached residence with a front-loading garage may be constructed with a reduced front yard setback when at least 50 percent of the frontage in any block front is improved with permitted buildings, other than accessory buildings, some of which have setbacks from the street of less than the required depth, any new building shall provide a setback from the street of at least the average of setbacks provided by all properties 150 feet on either side of the subject lot on the same side of the street and on the same block. Vacant lots shall be considered as having the setback required in the zone.

(5) Zero Lot Line Detached Housing. Zero lot line detached houses are subject to the same standards as nonattached single-family housing, except that a side yard setback is not required on one side of the lot, as generally shown in Figure 19.20.050-1, when the adjacent lot is also part of the same zero lot line development and is under the same ownership interest at the time of initial construction. The standards for zero lot line housing are intended to ensure adequate outdoor living area, compatibility between adjacent buildings, and access to side yards for building maintenance. All zero lot line houses shall conform to all of the criteria below:

(a) Administrative site design review is required for new zero lot line developments when a zero lot line development is proposed as part of a subdivision, short subdivision, building permit, or other land use/building permit or application. Proposed lots and building footprints shall be clearly indicated on submitted site and development plans;

(b) The allowance of a zero side yard setback is for the principal dwelling on each lot; it does not extend to accessory structures which shall conform to the applicable setback requirements of the zone;

(c) Where a zero lot line development abuts a vacant lot or an existing nonzero lot line residence, a side yard conforming to the specifications of Table 19.20.030-1 is required on both sides of the abutting side lot line;

(d) The building placement and/or design shall encourage privacy for the occupants of abutting lots. For example, this standard can be met by staggering foundation plans, by placing windows (along the zero lot line) above sight lines with direct views into adjacent yards, by using frosted/non-see-through windows, by avoiding placement of windows on the zero lot line, or other designs approved by the city through plan review;

(e) Prior to building permit approval, the applicant shall submit a copy of a recorded easement for every zero lot line house that guarantees access onto adjoining lots for the purpose of construction and maintenance of the zero lot line house. The easement shall require that no fence or other structure shall be placed in a manner that would prevent maintenance of the zero lot line house. The easement shall not preclude the adjoining owner from landscaping the easement area, provided reasonable access is provided to the adjoining landowner;

(f) Building constructed on corner lots shall meet the required corner lot setback as set forth in Table 19.20.030-1; and

(g) The required minimum lot width for developments utilizing the zero lot line provisions shall be 35 feet and the required side yard setback shall be 10 feet.

(6) Attached Zero Lot Line Housing (Two Attached Units Only). For the purposes of implementing this section only, zero lot line housing consisting of two individual dwelling units that are consecutively attached shall be permitted outright (see Figure 19.20.050-2 for reference), subject to city review and compliance with the following standards:

(a) The following provisions shall apply to development proposals utilizing the provisions of this section: subsections (5)(a), (b), (c), (f), and (g) of this section. The standards set forth in LMC 19.20.040 shall not apply;

(b) Where more than two consecutively attached units are proposed, the townhouse development shall be reviewed in accordance with the PUD process and shall meet all applicable standards, including those set forth in LMC 19.20.040.

Figure 19.20.050-1. Permissible use of zero lot line layout

Figure 19.20.050-2. Different forms of zero lot line housing

(Ord. 3122 § 14, 2010).

19.20.060 Multifamily development standards.

Multifamily housing (more than four units) developments shall be constructed in accordance with the following standards:

(1) Parking lots should be located to the side and/or behind buildings and shall not dominate the front yard area. A five foot landscape buffer shall rim the perimeter of the parking lot and planting islands shall be included for lots with more than 20 spaces.

(2) Units adjacent to public or private streets shall have the primary building entrances located on the facade facing the street.

(3) Pedestrian access routes shall be provided from the public street(s) to all primary building entrances in the form of a continuous separated pathway of at least five feet in width.

(4) Building facade modulation or appropriate architectural treatment shall occur at least every 30 feet along the length of facades facing adjacent properties or a public street. Minimum modulation depth shall be two feet. All buildings shall incorporate design features such as varying roof lines, offsets, balconies, projections (e.g., overhangs, porches, or similar features), recessed or covered entrances, window reveals, or similar elements to break up large expanses of uninterrupted building surfaces (blank walls). Figure 19.20.060-1 provides a sample of acceptable design elements, but shall not be construed as required architectural design.

(5) Developments with multiple buildings shall use appropriate architectural variations and use of colors to differentiate buildings within the development.

(6) Large multifamily complexes that have more than 25 units shall include an open space and recreational component into the site design, which comprises at least 15 percent of the gross site area. This requirement can be accomplished through the use of landscaping, play areas and common open space.

(7) All building elevations facing a public street right-of-way shall provide clearly marked and prominent primary entrances, and a combination of windows, porches, and/or balconies. A minimum of 40 percent of front (i.e., street-facing) elevations and a minimum of 25 percent of side and rear building elevations shall meet this standard. Percent of elevation is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. The standard applies to each full and partial building story.

(8) Multifamily housing shall incorporate the following crime prevention through environmental design (CPTED) design principles into site design and building construction to the extent practicable:

(a) Building orientation and public use areas such as laundry facilities shall take into consideration tenant’s ability to monitor other doorways as a safety provision;

(b) Exterior area where mailboxes will be located shall be lighted;

(c) Dead-end spaces should be blocked by a fence or gate;

(d) Access to the building should be limited to no more than two points;

(e) Exterior lighting levels shall be selected and light fixtures shall be oriented towards areas vulnerable to crime;

(f) Exterior doors should be visible from the street or by neighbors;

(g) All facades should have windows;

(h) Parking areas and pedestrian walkways shall be visible from windows and doors;

(i) Dumpsters should not create blind spots or hiding areas;

(j) Shrubbery and landscaping shall allow for clear visibility and should generally not be over three feet in height, with the exception of trees; and

(k) Recreational areas should be visible from a multitude of windows and doors.

(9) The community development director reserves the right to approve an alternative design that does not meet the above standards when unique site conditions make strict adherence to the standards of this section impractical; provided, that in doing so, the community development director may levy additional conditions as mitigation.

Figure 19.20.060-1. Sample of multifamily design elements

(10) Lighting shall be directed downward, inward and away from public rights-of-way and adjoining uses. All lighting shall be shielded so that the direct illumination shall be confined to the property boundaries of the light source. (Ord. 3182 § 4, 2011; Ord. 3122 § 14, 2010).

19.20.070 Supplemental standards.

(1) Institutional and Nonresidential Development Standards. In order to address impacts and compatibility issues between residential and nonresidential development, nonresidential uses and institutional uses not addressed elsewhere in this chapter shall comply with the following provisions:

(a) The multifamily design standards set forth in LMC 19.20.060 shall apply to new institutional and nonresidential buildings.

(b) For the purposes of this section, institutional and nonresidential development shall include hospitals, medical clinics congregate/elder care facilities, office buildings, hotels, motels, churches, community centers, fraternal lodges, schools and similar nonresidential/institutional uses.

(c) Those uses that require a SPU permit are also required to meet all applicable criteria set forth in Chapter 19.12 LMC.

(2) Agricultural activity and the keeping of animals, including the display and sale of agricultural products grown on the premises, are permitted in the R-1 and TNR zoning districts subject to the following standards:

(a) The keeping of animals shall be clearly accessory and secondary to the residential use. No commercial breeding of livestock and fowl shall be permitted;

(b) Agricultural activity and the keeping of animals shall not occur within the required front yard setback area;

(c) The keeping of livestock, poultry and rabbits shall also meet the requirements given in Chapter 6.06 LMC;

(d) A minimum of 25,000 square feet of unimproved property is required for the first livestock animal. For each additional livestock animal, an additional 15,000 square feet must be provided. The square footage of buildings and structures specifically used to house or service livestock can be used in calculating unimproved property area. The required front yard area shall not be used in calculating unimproved property area;

(e) All barns, stables, barnyards, corrals, shall be located not less than 100 feet from any public street or highway nor shall any of the above be located less than 100 feet from any dwelling on adjacent property; nor shall any barns, stables, or other accessory buildings be located less than five feet from any adjoining or abutting lot line;

(f) A maximum of four poultry or rabbits are allowed on any lot 4,800 square feet or larger, up to eight poultry or rabbits are allowed on lots 9,600 square feet or larger, up to 25 poultry or rabbits are allowed on lots 20,000 square feet or larger. No roosters, peacocks or guinea fowl are allowed;

(g) Poultry houses, poultry yards/runs and rabbit hutches shall be located not less than 25 feet from any public street or highway nor shall any of the above be located less than 20 feet from any dwelling on adjacent property; nor shall any poultry houses, poultry yards/runs, rabbit hutches or other accessory buildings be located less than five feet from any adjoining or abutting lot line. For the purposes of this section an alley is not considered to be a public street. Any roaming areas must be fenced; and

(h) Only one on-site temporary nonilluminated sign (e.g., sandwich board or A-frame sign) is allowed for advertising the sale of agricultural products grown on the premises. The temporary sign size shall have no more than two faces with each face no larger than 12 square feet in size. The sign must be completely removed from street and neighboring properties view during off hours and out-of-season times. No off-site signs are allowed and the temporary sign shall not be placed on street rights-of-way. In addition, banners, advertising flags, streamers or clusters of pennants, balloons and other temporary signage placed outside are prohibited.

(3) Supplemental Yard Standards. Yard areas shall be governed by the following additional standards:

(a) Front Yard. Where any front yard is required, no building shall hereafter be erected or altered, nor shall any addition be made to any existing building so that any portion of such new building or addition to an existing building shall be nearer to the front lot line than the distance indicated by the depth of the required front yard; subject to the following exceptions:

(i) Roofs, eaves, cornices, belt courses and similar ornamentation may project over a front yard not more than four feet. Porches, platforms or terraces, which are open on three sides and the floors of which are not higher than the first floor of the building, may extend into the front yard not more than six feet; steps or ramps may connect such porches, platforms or terraces to the surface of the front yard.

(ii) For residential lots not exceeding two acres, detached accessory buildings shall not be located in the front yard. For residential lots exceeding two acres, detached accessory buildings may be located in the front yard but not within the required front yard setback area or within five feet of a side lot line. Any accessory buildings located in the front yard shall not block the view of the principal building from the street.

(b) Side Yard. Where any side yard is required, no building shall be hereafter erected or altered, nor shall any addition be made to an existing building so that any portion of such new building or addition to an existing building shall be nearer to the side lot line than the distance indicated by the width of the required side yard; subject to the following exceptions:

(i) Roofs, eaves, cornices, belt courses and similar ornamentations may extend over a required side yard for a distance of not more than two feet; provided such projections may extend over a required side yard along the flanking or side street line for a distance of not more than four feet;

(ii) Platforms, terraces, ramps and steps, which are open on three sides and which are not over 42 inches in height, may extend into a required side yard;

(iii) Projecting chimneys may extend into a required side yard a distance of not more than 18 inches;

(iv) An extension of an existing principal building legally sited within four feet of a side lot line may also be sited within four feet of the side lot line.

(c) Rear Yard. Where any rear yard is required, no buildings shall be hereafter erected or altered, nor shall any addition be made to any existing building so that any portion of such new building or addition to any existing building shall be nearer to the rear lot line than the specified distance required by this chapter, subject to the following exceptions:

(i) Detached accessory buildings commonly appurtenant to the principal structure may be erected on the lot within a rear yard setback area but not within five feet of the side lot line.

Exception: Accessory buildings on lots without a rear alley must maintain a five-foot rear yard setback.

(ii) Newly erected attached accessory buildings commonly appurtenant to the principal structure or accessory buildings altered as to become a part of the principal structure shall maintain a 10-foot rear yard setback (15 feet for the R-1 district).

(iii) Eaves, cornices, steps, ramps, platforms, terraces and porches which are open on three sides and attached to the primary structure must maintain a five-foot rear yard setback.

(iv) For lots within a subdivision created after adoption of the ordinance codified in this section, detached garages accessed via alleys shall be located at least five feet from the alley right-of-way.

(d) Alteration and Repairs to Existing Accessory Buildings Nonconforming by Reason of Their Setbacks. Existing accessory buildings nonconforming by reason of the setback requirement in existence at the time of their construction may be repaired or altered providing such alterations or repairs do not cause said existing accessory buildings to extend closer to the lot line than their present location. Expansions of accessory buildings shall meet the requirements given in LMC 19.20.080(4)(a). (Ord. 3182 § 5, 2011; Ord. 3122 § 14, 2010).

19.20.080 Accessory use and building standards.

This section applies to any subordinate use of a building or other structure, or use of land that is conducted on the same lot as the principal use to which it is related, and clearly incidental to and customarily found in connection with the principal use or building. Where a principal use or building is permitted, such use shall include accessory uses and buildings subject to this section.

(1) Accessory buildings or uses shall not be constructed or established on a lot until construction of the principal structure is completed or the principal use is established.

(2) In no instance shall an accessory building or use be established on a vacant lot.

(3) Accessory buildings shall not be used for dwelling purposes except where permitted in Table 19.20.020-1, the use matrix.

(4) The following dimensional and density standards shall apply to all accessory buildings:

(a) The location of accessory uses and buildings is subject to Table 19.20.030-1 and LMC 19.20.070(3). In addition, no accessory building shall be located within five feet of a side lot line.

(b) The location of permitted, nonresidential accessory structures is governed by the same dimensional regulations as set forth for the principal use or principal building or structures.

(c) Accessory building height may be increased one foot for every foot of additional side yard setback, although no accessory building shall exceed 35 feet in height.

(5) Accessory uses shall not include the conduct of trade unless permitted in conjunction with a permitted use.

(6) Accessory uses shall be located on the same lot as the principal use which they serve. (Ord. 3122 § 14, 2010).