Chapter 20.78 MEDIUM DENSITY RESIDENTIAL (R-18)

Chapter 20.78
MEDIUM DENSITY RESIDENTIAL (R-18)

Sections:

20.78.010 INTENT.

20.78.020 OUTRIGHT PERMITTED USES.

20.78.030 ACCESSORY USES.

20.78.040 CONDITIONAL USES.

20.78.060 DEVELOPMENT STANDARDS.

20.78.065 ALLOWABLE DENSITY AND LOT AREA.

20.78.080 OFF-STREET PARKING REQUIREMENTS.

20.78.090 LANDSCAPING REQUIREMENTS.

20.78.100 SIGN STANDARDS.

20.78.010 INTENT.

The intent of the medium density residential (R-18) zoning district is to accommodate single-family housing and existing medium density-type development, and encourage redevelopment opportunities by permitting a wider variety of housing types. Consistency throughout the neighborhoods between low density residential (R-10) and medium density residential shall be implemented. (Ord. 5364 §8, 2018: Ord. 5301 §3 (Exh. B) (part), 2016)

20.78.020 OUTRIGHT PERMITTED USES.

The following uses are permitted outright:

(a) Cemetery;

(b) Co-location of wireless communications per BMC 20.46.140;

(d) Day care facility of twelve (12) or fewer persons receiving care;

(e) Education and schools (K-12) of twelve (12) or fewer students;

(f) Foster home;

(g) Group residential home;

(h) Manufactured home per BMC 20.46.040;

(i) Parks, playgrounds and open space equal or less than one-half (1/2) acre (twenty-one thousand seven hundred eighty (21,780) square feet);

(j) Residential Uses.

(1) Single-unit dwelling unit, detached;

(2) Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.78.060(b);

(3) Duplexes (meeting underlying zoning density);

(4) Townhouse (meeting underlying zoning density);

(5) Cottage housing (meeting the provisions of BMC 20.60.040(n), except that no conditional use permit is required);

(k) Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less;

(l) Incubator for business associated with a worship and religious facility or community facility, provided the following conditions are met:

(1) The incubated business is a use that is permitted outright in the neighborhood business zone, BMC 20.82.020;

(2) Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and

(3) The parcel upon which the incubated business is situated shall have frontage on an arterial street. (Ord. 5458 §9, 2022; Ord. 5301 §3 (Exh. B) (part), 2016)

20.78.030 ACCESSORY USES.

The following accessory uses may be permitted when found in connection with a principal use:

(a) Attached or detached accessory dwelling unit per BMC 20.46.010;

(b) Detached garage, carport, and parking facilities for the residents of the property;

(d) Other necessary and customary uses determined by the Director to be appropriate, incidental and subordinate;

(e) Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings. (Ord. 5301 §3 (Exh. B) (part), 2016)

20.78.040 CONDITIONAL USES.

The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions:

(a) Bed and breakfast, provided:

(1) The operators of the business shall occupy the house as their primary residence;

(2) No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed;

(3) No more than six (6) bedrooms are made available for rent to guests and all guest rooms are contained within the principal structure;

(4) Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, are required;

(5) Off-street parking spaces may be reduced, provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets;

(6) Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period;

(7) No commercial receptions, parties, or other public gatherings, or serving of meals to nonresident guests for compensation, are allowed; and

(8) Any remodeling of the residential structure shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future.

(b) Group residential facilities - Class I, provided:

(1) All state licensing requirements are satisfied;

(2) Minimum setbacks, height and lot coverage of the underlying zone shall apply;

(3) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to;

(4) If counseling services are provided to nonresidents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services;

(5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and

(6) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties.

(1) Minimum site area shall be no less than two (2) acres;

(2) Minimum setbacks, density, height and lot coverage of the underlying zone shall apply;

(3) Off-street parking shall be a minimum one (1) space per dwelling;

(4) Except for a community building/clubhouse for the exclusive use of complex residents, all accessory uses shall be located within a structure containing residential units;

(5) Attached or detached structure types are permitted and dwelling units may be owned by individuals or occupied as rentals;

(6) Access to alternative transportation such as public transit or on-site shuttle services to access daily goods or services shall be provided; and

(7) A management agreement or covenants on individual properties to maintain the complex as a senior citizen complex shall be recorded with the Kitsap County Auditor’s office.

(d) Nursing/convalescent homes, provided:

(1) All state licensing requirements are satisfied;

(2) Minimum site area shall be no less than one (1) acre;

(3) Minimum setbacks, height and lot coverage of the underlying zone shall apply;

(4) Off-street parking shall be a minimum of one (1) space per six hundred (600) square feet of gross floor area;

(5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and

(e) Day care facilities (thirteen (13) or more persons receiving care), provided:

(1) All state licensing requirements are satisfied;

(2) Off-street parking shall be a minimum one (1) space per each five (5) children based on the state license maximum occupancy load;

(3) One (1) loading/unloading space without backup is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children;

(4) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets;

(5) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; and

(6) The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area.

(f) Adaptive reuse of commercial buildings, provided the conditions set forth in BMC 20.46.070 are satisfied.

(g) Worship, religious, and community facilities greater than twenty thousand (20,000) square feet, provided:

(1) The site area shall be one (1) acre or more; and

(2) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties.

(h) Golf course, provided:

(1) A site plan review and a site development permit are approved pursuant to Chapter 20.58 BMC;

(2) Through the conditional use permit, modifications to parking and landscaping may be allowed in order to facilitate good design;

(3) Other conditions are applied as deemed necessary to mitigate impacts to nearby residential properties and ensure compatibility with the neighborhood.

(i) Schools, parks and associated uses may be approved in accordance with the following:

(1) The following uses are permitted through approval of a conditional use permit:

(i) All public schools and associated gymnasiums and auditoriums;

(ii) Private schools (K-12) with thirteen (13) or more students;

(iii) Parks and playgrounds greater than one-half (1/2) acre;

(iv) Outdoor athletic fields;

(v) Boat launching and related facilities;

(vi) Maintenance and service yards;

(vii) Bus and other vehicle and equipment maintenance and storage facilities;

(viii) Administrative office related to the facilities greater than two thousand (2,000) square feet gross floor area;

(ix) Buildings and structures for nonprofit groups on public lands;

(2) Uses permitted pursuant to subsection (j)(1) of this section shall be subject to complying with the following conditions:

(i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet;

(ii) Setbacks may be reduced for those portions of a structure fronting interior streets;

(iii) The maximum height for any new construction may be increased to match the architecture of existing buildings; provided, that it is set back an additional foot from any property line for each additional foot of allowed height, and in no case shall the new construction exceed forty-five (45) feet;

(iv) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties;

(v) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and

(vi) The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet, provided it enhances safety and security around an outdoor play area.

(j) Public utility facilities located above ground, provided:

(1) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties;

(2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and

(3) Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification.

(k) Law enforcement and fire facilities, provided:

(2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility. (Ord. 5301 §3 (Exh. B) (part), 2016)

20.78.060 DEVELOPMENT STANDARDS.

(a) Lot Standards. Lot development requirements shall be in accordance with this section and the following standards unless allowed for by law otherwise:

(1) Setbacks.

(i) Minimum front yard setback is fifteen (15) feet;

(ii) Minimum side yard setback is five (5) feet;

(iii) Minimum rear yard setback is fifteen (15) feet.

(2) Maximum structure height is thirty-five (35) feet.

(3) Maximum structure height in R-10 areas within the downtown regional center shall be pursuant to Figure 20.74(a) and shall supersede subsection (a)(2) of this section.

(4) Minimum lot width is twenty-five (25) feet.

(5) Maximum development coverage is sixty (60) percent.

(b) Zero (0) Lot Line (ZLL) Development. An attached single-family dwelling and/or garage structure may have a single shared side or rear lot line, and a setback reduced to zero (0), provided the structure complies with building code fire separation requirements.

(c) Accessory Structures. The following standards shall apply but are not limited to: garages, carports, shops, barns, covered patios, cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units per BMC 20.46.010 and structures not requiring a building permit:

(1) The maximum area for all accessory structures shall be eighty (80) percent of the principal residential use not to exceed one thousand two hundred (1,200) square feet.

(2) Setbacks of detached accessory structures are pursuant to BMC 20.44.060.

(d) Garages, Storage Buildings and Shops.

(1) Any garage, storage building or shop structure shall be designed so that the appearance of the building remains that of a single-family residence including the following:

(i) Constructed of similar materials as the principal unit;

(ii) A roof of equal or greater pitch as the principal unit;

(iii) A height no more than twenty-five (25) percent greater than the principal unit not to exceed thirty-five (35) feet.

(2) Any garage, storage building, or shop may be exempt from the accessory structure size requirements provided it is contained within the principal unit.

(3) Garage, Carport, and Shop Vehicle Entrance Setbacks. When the vehicle entrance faces the street, the garage, carport, or shop shall have a front yard setback of at least twenty (20) feet, except as provided in BMC 20.44.020 (Traditional front yard).

(e) Lot Area for Parks and Schools. Parks and schools may exceed maximum lot area requirements if approved by a conditional use permit. (Ord. 5364 §2, 2018: Ord. 5301 §3 (Exh. B) (part), 2016)

20.78.065 ALLOWABLE DENSITY AND LOT AREA.

The purpose of this section is to establish compatible levels of density within existing neighborhoods. The intent is to allow infill residential development. The following density and lot area standards are applicable to development within the zone:

(a) Minimum Density. The minimum required density is six (6) dwellings per acre.

(b) Maximum Density. The maximum allowed density is eighteen (18) dwellings per acre.

(c) Maximum Lot Area. The maximum lot area is seven thousand two hundred sixty (7,260) square feet, with the following exceptions:

(1) The lot area may be modified through the approval of a residential cluster development pursuant to BMC 20.58.060;

(2) One (1) lot within a proposal for a division of land may exceed seven thousand two hundred sixty (7,260) square feet, provided the remaining lots do not exceed the seven thousand two hundred sixty (7,260) square foot maximum lot size; and

(3) A flag lot that complies with the requirements in BMC 20.44.100 may exceed seven thousand two hundred sixty (7,260) square feet, provided the total area of the flag lot does not exceed ten thousand eight hundred ninety (10,890) square feet.

(d) Minimum Lot Area. The minimum allowed lot area is two thousand five hundred (2,500) square feet.

(e) Exception to Minimum Lot Areas.

(1) The minimum lot area may be modified through the approval of a residential cluster development pursuant to BMC 20.58.060, provided the development complies with the maximum density requirement set forth in subsection (b) of this section.

(2) When a new subdivision is proposed, the size of lots in land division may be reduced below the minimum lot size provided all the following are met:

(i) The overall average of the proposed lots do not exceed the permissible maximum density.

(ii) All lots that are smaller than the minimum lot size shall demonstrate that they are developable by showing code compliance with such items as required parking, lot coverage, setbacks, stormwater compliance, etc.

(iii) The platting documents shall include documentation of allowed uses and language that ensures maximum density is not exceeded.

(iv) If the land division is submitted in phases of development, each phase submitted for approval shall meet these provisions. (Ord. 5422 §5, 2021; Ord. 5404 §3, 2020: Ord. 5364 §3, 2018: Ord. 5301 §3 (Exh. B) (part), 2016)

20.78.080 OFF-STREET PARKING REQUIREMENTS.

Off-street parking shall be provided in accordance with the requirements set forth in Chapter 20.48 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016)

20.78.090 LANDSCAPING REQUIREMENTS.

Landscaping shall be provided in accordance with the requirements set forth in Chapter 20.50 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016)

20.78.100 SIGN STANDARDS.

Signs shall meet the standards of Chapter 20.52 BMC and the following:

(a) One (1) sign with a sign area of up to eight (8) square feet may be allowed to advertise a permitted bed and breakfast, provided it matches the architectural features of the primary residence.

(b) For a home occupation sign, the residential district sign regulations in BMC 20.52.120 shall apply.

(c) When an established business use is located in the medium density residential zone, the special purpose sign regulations in BMC 20.52.130 shall apply. (Ord. 5301 §3 (Exh. B) (part), 2016)