Chapter 17.15
R-1 LAND USE DISTRICTS
Sections:
17.15.050 District subdivisions designated.
17.15.060 Permitted primary uses.
17.15.070 Permitted accessory uses.
17.15.090 Additional regulations.
17.15.100 Development standards.
17.15.105 Cluster developments.
17.15.110 Residential small lot.
17.15.010 Title.
This chapter shall be called “R-1 Land Use Districts.” (Ord. 1857 § 2 (Exh. B), 2018).
17.15.020 Application.
This chapter shall apply to all uses and developments in areas designated R-1. (Ord. 1857 § 2 (Exh. B), 2018).
17.15.030 Purpose.
The primary purpose of the R-1 district is to accommodate lower density residential development and compatible accessory uses. Development in the R-1 district should generally be limited to single-family dwellings and detached structures. Other uses and structures may be appropriate in limited circumstances when not inconsistent with the primary purpose of the zone. (Ord. 1857 § 2 (Exh. B), 2018).
17.15.040 Authority.
This chapter is adopted pursuant to the provisions of chapters 35A.63, 36.70A and 36.70B RCW, and other applicable laws and regulations. (Ord. 1857 § 2 (Exh. B), 2018).
17.15.050 District subdivisions designated.
District R-1 is further subdivided into subdistricts differing only in the requirements for minimum lot area:
|
Subdistrict |
Minimum Lot Area Per Dwelling Unit |
|---|---|
|
R-l-6.0 |
6,000 sq. ft. |
|
R-1-7.6 |
7,600 sq. ft. |
|
R-1-8.4 |
8,400 sq. ft. |
|
R-1-9.6 |
9,600 sq. ft. |
In addition residential small lots with a minimum lot area of 3,000 square feet may be developed in any subdistrict in accordance with the standards and procedures set forth in BMC 17.15.110. The minimum lot area requirements and density limits identified in this chapter shall not be construed to prohibit accessory dwelling units. (Ord. 1857 § 2 (Exh. B), 2018).
17.15.060 Permitted primary uses.
Buildings, structures, and lots in the R-l district shall only be used for the following, unless otherwise provided for in this title:
A. Single-family dwelling units; provided, that no more than one single-family dwelling unit shall be permitted on a single lot;
B. Municipal parks and playgrounds;
C. Boarding houses accommodating 10 persons or less. (Ord. 1857 § 2 (Exh. B), 2018).
17.15.070 Permitted accessory uses.
A. Normal residential appurtenances. The following uses and structures may be authorized as an accessory use in conjunction with a residential dwelling: garage, guest cottage, recreation room, storage shed, noncommercial greenhouse, decks, driveway, on-site utilities and utility connections, fences, and swimming pool;
B. Keeping of not more than six household pets, four of which may be dogs, kept in the home. This limit shall not include birds, fish or suckling young of pets;
C. Family day care homes;
D. Foster family care homes accessory to a dwelling unit;
E. Accessory dwelling units associated with a single-family dwelling unit subject to the following approval criteria:
1. The general appearance and character of the single-family residence shall be maintained.
2. New entrances shall face the side or rear property lines.
3. Parking shall be provided in accordance with the applicable standards set forth in BMC 17.85.070.
4. Accessory dwelling units shall be contained within, or attached to, the existing single-family home. A detached accessory building may only be used as an accessory dwelling unit if the subject lot is 12,000 square feet or larger.
5. The primary dwelling or the accessory dwelling shall be occupied by the owner. The residence must have been owner occupied for at least three years since the construction date. A covenant or declaration regarding ownership requirements shall be recorded with the Skagit County auditor.
6. In all cases the accessory dwelling unit must be located on the same lot as the single-family dwelling it is associated with;
F. Telecommunication micro facility, subject to the following requirements, except as limited by the Telecommunication Act of 1996 as amended:
1. Micro facility shall be located on existing buildings, poles or other existing support structures. A micro facility may locate on buildings and structures; provided, that the interior wall or ceiling immediately adjacent to the facility is not designated residential space.
2. Antennas equal to or less than four feet in height (except omnidirectional antennas which can be up to six feet in height) and with an area of not more than 580 square inches in the aggregate (e.g., one-foot diameter parabola or two-foot by one-and-one-half-foot panel as viewed from any one point) are exempt from the height limitation of the zone in which they are located. Structures which are nonconforming with respect to height may be used for the placement of omnidirectional antennas providing they do not extend more than six feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
3. The micro facility shall be exempt from design review if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.
4. The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
5. Micro facilities for a specific wireless provided shall be separated by a distance equal to or greater than 1,320 linear feet from other micro facilities of the same wireless provider. (Ord. 1857 § 2 (Exh. B), 2018).
17.15.080 Conditional uses.
The following uses shall require a conditional use permit:
A. Mini commercial child day care center;
B. Commercial child day care center, if located on an arterial;
C. Duplex on a corner lot in any residential zone; provided, that a duplex shall be located no closer than 300 feet from another duplex, measured along the right-of-way; except that when the blocks are more than 300 feet long, duplexes shall not be limited to the corner as long as they are located no closer than 300 feet to another duplex;
D. Government facilities, other than those listed as a permitted use;
E. Kennels;
F. Manufactured home park;
G. Neighborhood recreational buildings and facilities;
H. Private country clubs and golf courses, excluding driving ranges;
I. Religious facilities and fraternal organizations;
J. Schools;
K. Utility substations. (Ord. 1857 § 2 (Exh. B), 2018).
17.15.090 Additional regulations.
A. Manufactured homes may be placed on any lot in an R-1 zone and regulated in accordance with the same standards and requirements applicable to site built single-family homes, except that the following additional regulations shall apply. These standards and requirements do not apply to legally established, nonconforming manufactured homes or manufactured homes placed within a manufactured home park.
1. The manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space between the bottom of the home and the ground shall be enclosed by concrete or an approved concrete product which may be either load bearing or decorative;
2. The manufactured home shall have been originally constructed with and shall now have a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch;
3. The manufactured home shall have exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences;
4. The placement of the manufactured home shall be consistent with all other regulatory requirements generally applicable to new homes.
B. Accessory Buildings.
1. All accessory buildings shall be located behind the primary structure, and individually, or cumulatively, shall not cover more than 50 percent of the required rear setback area for the primary structure; and
2. All accessory buildings shall comply with the setback, height, and size limits specified in BMC 17.15.100(E).
C. Horses, beef cattle or other domestic farm animals are permitted on the condition that the number of animals not exceed a ratio of one per one-half acre of fenced pasture area. The keeping of mink, goats, foxes or hogs is prohibited.
D. No trailer, recreational vehicle, boat, camping trailer, fifth wheel, camper, van, car, or other similar type of mobile unit that is not a permanent structure attached to the ground, shall be used as a place of habitation. Only site built structures which comply with all applicable building code requirements and manufactured or modular homes which meet applicable state or federal standards for use as a dwelling unit may be used as a place of habitation.
E. All uses and developments shall comply with the parking requirements set forth in chapter 17.85 BMC.
F. Junk and inoperable vehicles shall not be stored outdoors unless completely surrounded by a solid, site obscuring fence and not visible from an adjoining street or public right-of-way. Outdoor storage shall also be subject to the following additional restrictions and requirements:
1. Litter, trash, used appliances, used interior furnishings and discarded exterior furnishings and similar items are prohibited outdoors regardless of location.
2. Junk storage is further limited to piled used lumber, yard cleanup equipment and similar types of items; it is not intended to include the storage of any items that would be classified as a nuisance under chapter 8.12 BMC. Whenever it is stated in writing by two or more persons having separate residences in a neighborhood that any person is violating the provisions of this subsection, the police chief or designee shall investigate, and, if appropriate, advise the person of the complaint and that such violations must cease. Failure to comply shall constitute a violation of this code.
G. Where alley access is available, parking shall be located off the alley and no curb cuts shall be permitted. This requirement shall apply to all land divisions, the construction of new homes and accessory buildings, and requests for curb cuts to serve existing homes and accessory buildings.
H. Home occupations are allowed subject to compliance with BMC 17.70.090.
I. Heat pumps or other noise-producing mechanical equipment shall not be located within 10 feet of a property line abutting another lot and all equipment shall be equipped with a noise-baffling screen so that there shall be no audible sound at the property line.
J. New subdivisions with 40 or more lots shall provide common open space, a playground or a park. (Ord. 1857 § 2 (Exh. B), 2018).
17.15.100 Development standards.
A. Lot Area and Dimension. The following requirements shall apply to land divisions and boundary line adjustments in the R-1 zone except that small lot development shall be subject to the standards and requirements set forth in BMC 17.15.110 and cluster developments shall be subject to the standards in BMC 17.15.105.
1. Minimum Lot Area.
a. R-l-6.0: 6,000 square feet.
b. R-l-7.6: 7,600 square feet.
c. R-l-8.4: 8,400 square feet.
d. R-l-9.6: 9,600 square feet.
2. Minimum lot width: 30 feet.
3. Minimum lot depth: 80 feet.
B. Minimum Setback Requirements.
1. Front: 17 feet.
2. Street side: 20 feet.
3. Side: five feet. Provided, that the total of the two side yards shall not be less than 15 feet.
4. Rear: 20 feet.
5. Setback Exceptions.
a. Accessory buildings: see subsection (E) of this section.
b. All other buildings and structures: see BMC 17.70.080.
6. Minimum Building Separation. All detached structures shall be subject to a minimum building separation of 10 feet.
C. Maximum Building and Impervious Surface Coverage.
1. Building coverage: 35 percent.
2. Impervious surface coverage: 40 percent.
D. Maximum Building Height. Buildings and structures in the R-1 zones shall be subject to the following maximum height limits, except that spire, fleche, campanile or high nave, a dome and lantern, or a clock tower may exceed these limits if authorized by a conditional use permit.
1. Primary structures: 35 feet.
2. Accessory structures: 20 feet, see table in subsection (E) of this section.
E. Accessory buildings and structures shall not cover more than 50 percent of the required rear yard setback and shall comply with the following requirements:
|
Lot Size |
Maximum Building Size |
Setback |
Maximum Eave Height at Minimum Setback Line |
|---|---|---|---|
|
Up to 9,600 square feet |
640 square feet |
5 feet |
12 feet |
|
9,601 – 10,890 square feet (1/4 acre) |
960 square feet |
7 feet |
12 feet |
|
10,891 – 21,780 square feet (1/2 acre) |
1,200 square feet |
10 feet |
12 feet |
|
21,781 – 43,560 (1 acre) |
1,600 square feet |
12 feet |
12 feet |
|
> 43,560 (1 acre) |
2,000 square feet |
15 feet |
15 feet |
(Ord. 1857 § 2 (Exh. B), 2018).
17.15.105 Cluster developments.
Cluster developments may be permitted through a subdivision or short subdivision process. For such developments, the normally applicable requirements for lot width and lot width at the building line, lot depth, lot area, building and impervious surface coverage, and property line setbacks may be reduced or altered; provided, that:
A. Housing types may include single-family detached, townhouses, zero lot line, multifamily, or a combination of housing types; provided, that no structure or building shall contain more than eight dwelling units.
B. The maximum number of dwelling units permitted within the boundaries of the subdivision or short subdivision shall not exceed the number permitted by the zoning district in which the subdivision or short subdivision is located.
C. When the building or impervious surface coverage of individual lots exceeds the permissible limits for the zone in which the development is located, additional open space areas shall be set aside so that the total coverage of development is consistent with the coverage limits prescribed by the underlying zone.
D. The resulting subdivision or short subdivision design shall clearly retain a substantial area of continuous, publicly accessible open space, wetlands, areas adjacent to wetlands, steep slopes, geologically hazardous areas, wildlife habitat areas, or other critical areas. Cluster developments may also be authorized if the resulting open space area(s) is used for nonstructural low impact development features, such as bioretention areas, which mimic natural environmental and hydrologic processes. All such low impact development features shall be extensively landscaped using native vegetation.
E. Lot size reductions shall be limited to 20 percent of the minimum lot size required by the zoning district in which the subdivision or short subdivision is located. For example, if the underlying zoning has a minimum lot size of 9,600 square feet, the maximum reduction in lot size is 1,920 square feet, or a minimum lot size of 7,680 square feet.
F. When deviations from lot size and dimension requirements are granted, restrictive plat notes shall be included prohibiting future divisions or adjustments if such divisions or adjustments would have the effect of increasing the overall density of the subdivision or short subdivision.
G. Open space areas created through a cluster development shall be placed within separate tracts.
H. Restrictive notes shall be included on the face of the plat, or short plat, limiting future use and development of open space tracts to uses and developments that are consistent with the intended purpose of the open space tracts. (Ord. 1857 § 2 (Exh. B), 2018).
17.15.110 Residential small lot.
Residential small lots may be created in any R-1 zone through a subdivision or short subdivision process if the following requirements are met:
A. Minimum lot area: 3,000 square feet.
B. Maximum height limit: 20 feet.
C. All structures placed on a residential small lot shall have a pitched roof as follows:
1. Structures with finished living space on only one floor shall have a minimum roof pitch of 4:12.
2. Structures with finished living space on more than one floor shall have a minimum roof pitch of 12:12.
D. Maximum structure depth: 60 feet. Garages, decks, balconies, and bay windows shall be excluded from measurement for the purposes of this provision.
E. Setback Requirements.
1. Front: 17 feet. The front setback for residential small lots may be reduced to 10 feet through the subdivision or short subdivision process if alley access is provided and setback requirements are noted on the face of the plat.
2. Street side: 20 feet.
3. Rear: 10 feet.
4. Side: five feet.
F. Maximum building coverage: 45 percent.
G. Maximum impervious surface coverage: 60 percent.
H. Small lot subdivisions and short subdivisions shall include restrictive plat notes identifying the requirements of this section. (Ord. 1857 § 2 (Exh. B), 2018).