Chapter 17.48
R-3 – MULTIFAMILY, MEDIUM DENSITY
Sections:
17.48.020 Bulk regulations (R-3 zone).
17.48.030 Parking and loading.
17.48.040 Fences, walls, and hedges.
17.48.060 Projections into public right-of-way.
17.48.070 Landscape requirements.
17.48.080 Essential services/utilities.
17.48.090 Off-site improvements.
17.48.001 Intent.
The intent of the R-3 zone is to provide an area for a variety of housing types at a limited density, including institutional, with adequate public facilities and zoning controls designed to protect the residential living environment. Conditional uses must protect any adjacent residential development. [Ord. 720B § 1, 2002.]
17.48.010 Uses.
A. Permitted uses in the R-3 zone shall be those uses listed as “permitted” in CMC 17.78.020, Use chart adopted, in any applicable environmental district (Division III of this title), and in any applicable special district (Division IV of this title).
B. Conditional uses in the R-3 zone shall be those uses listed as “conditional” in CMC 17.78.020, Use chart adopted, in any applicable environmental district (Division III of this title), or in any applicable special district (Division IV of this title).
C. Accessory uses and temporary uses listed in CMC 17.78.020, Use chart adopted, are allowed in an R-3 zone if they are consistent with all applicable provisions of this title.
D. Uses which are not listed as permitted, accessory, temporary, conditional or prohibited in the R-3 zone, and which are not listed as prohibited in any applicable environmental district (Division III of this title) or special district (Division IV of this title), may be submitted as conditional use applications consistent with CMC 17.09.185. Such applications shall not be approved unless the applicant demonstrates consistency with all applicable review and approval criteria.
E. All uses in an R-3 zone shall occur, or be contained, within development consistent with CMC 17.48.020 and all other applicable provisions of this title, including the building and fire codes. [Ord. 720B § 1, 2002.]
17.48.020 Bulk regulations (R-3 zone).
|
Use Category |
Min. Zone Size |
Min. Lot Size |
Min. Lot Frontage |
Max. Cover |
Max. Height |
Minimum Street Setback |
Minimum Adj. Lot Setback |
Minimum Alley Setback |
DU Density Minimum/Maximum |
|---|---|---|---|---|---|---|---|---|---|
|
Permitted |
10 acres of contiguous residential zones |
5,000 sq. ft. |
50' except a flag lot may have 16' of frontage |
80% |
35' |
20' |
5' |
5' |
6/18 units/acre |
|
Accessory |
— |
5,000 sq. ft. |
— |
25% |
35' |
20' |
5' |
0' if vehicle access parallel to, or not from, alley; otherwise 5' |
6/18 units/acre |
|
Conditional |
— |
— |
— |
80% |
35' |
20' |
5' |
5' |
6/18 units/acre |
|
Temporary |
— |
5,000 sq. ft. |
50' |
80% |
35' |
20' |
5' |
5' |
6/18 units/acre |
Notes:
A. Minimum DU density is calculated on the zone; maximum DU density is calculated on the lot.
B. The administrator may approve zoning setback reductions necessitated by floodway and/or NWI area considerations (see also CMC 17.24.070 for wetland buffer requirements).
C. See CMC 17.03.080(D) for setback criteria for additions to existing buildings.
[Ord. 978B § 1, 2017; Ord. 750B § 13, 2003; Ord. 720B § 1, 2002.]
17.48.030 Parking and loading.
A. All development and uses shall be consistent with the general requirements of Chapter 17.84 CMC and the specific requirements of this section.
B. Residential parking spaces for six or fewer passenger vehicles may be developed adjacent to a public alley; provided, that no parking space occurs within any street setback area.
C. Nonresidential uses which may be permitted shall provide access to required parking spaces from a public street or approved private road. [Ord. 720B § 1, 2002.]
17.48.040 Fences, walls, and hedges.
A. Fences within any street setback area shall be limited to:
1. Forty-two inches high above adjacent grade if the fence is more than 50 percent opaque;
2. Forty-eight inches high above adjacent grade if the fence is 50 percent or less opaque.
B. Fences which are not located within any street setback area shall be limited to seven feet high above adjacent grade.
C. No residential fence shall contain barbed wire, broken glass, electricity, or any other hazardous material or substance.
D. Where a legally established use exists requiring the containment of farm animals or livestock, barbed wire or an electric fence may be used; provided, that such fence is set back more than 20 feet from any public right-of-way or public property and more than three feet from any adjacent private property, and warning signs are posted consistent with CMC 17.48.110.
E. Swimming pools shall require a minimum five-foot-high fence, but not more than six feet high, completely surrounding and securing the area of the pool. Such fence shall not be located within any street setback area. Portions of such a fence need not be provided where a secure building will accomplish the same manner of access and/or control as a fence.
F. Retaining walls shall be located entirely upon private property except where required by the public works director to protect public property.
G. A retaining wall shall not project higher than six inches above the higher adjacent grade except when it is a structural element of a building or structure.
H. Retaining walls which are higher than four feet from the bottom of the footing to the top of the wall shall comply with applicable provisions of the building code, including permit requirements.
I. Retaining walls which serve as a structural element of any building or structure shall comply with the applicable provisions of the building code.
J. A hedge shall comply with the requirements for a fence; provided, hedges which are not located within a street setback, and do not otherwise constitute a traffic visibility obstruction on any right-of-way or alley, or any public nuisance condition, are not limited in height. [Ord. 961B § 3, 2016; Ord. 720B § 1, 2002.]
17.48.050 Accessory building.
A. All permitted accessory buildings shall comply with the requirements of CMC 17.48.020.
B. An accessory building shall comply with all applicable building code requirements for the permitted use or occupancy. [Ord. 720B § 1, 2002.]
17.48.060 Projections into public right-of-way.
No part of any development may project into or over any public right-of-way except driveway construction and/or utility construction consistent with the development engineering standards. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]
17.48.070 Landscape requirements.
A. No unprotected earth or soil shall be permitted to remain on site subsequent to construction or development. All filling, grading and/or excavating activity shall comply with applicable provisions of the development engineering standards.
B. Landscape irrigation systems shall comply with the development engineering standards for protection of public water supply systems (cross-connection control), and shall be designed so that surface water generated by such an irrigation system shall not flow onto public property or any wetland, except within an approved storm water management system.
C. Site development and landscaping shall maintain an approved means of egress as specified in the building code from the primary exit from any habitable structure to a public right-of-way or alley.
D. Landscape plantings and/or ground cover may be of any type to prevent erosion of soil from the site; provided, only naturally occurring and/or noninvasive species of vegetation may be planted or allowed to grow within a wetland or wetland buffer.
E. Residential development of three or more units shall require provision of not less than 50 percent of the required ground cover to consist of grasses, or other ground cover, and the remainder, if any, of the site to contain any type of plantings, shrubs, and/or trees. Any proposed landscaping which may impact a public works utility shall be approved by the public works director.
F. Nonresidential development which may be permitted shall provide landscaping consistent with the requirements of CMC 17.57.070. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]
17.48.080 Essential services/utilities.
A. Essential services for any proposed development shall be available to serve such development prior to occupancy. Essential services which the city determines cannot be made available prior to such occupancy shall cause the city to deny issuance of all development permits for such development.
B. Required utility service (water, sewer, storm water) for any development shall be approved by the public works director prior to issuance of any development permits. [Ord. 720B § 1, 2002.]
17.48.090 Off-site improvements.
Any off-site improvements required by the development engineering standards for the specific development proposal shall become an integral part of the development proposal, and shall be reviewed and approved by the DRC as part of the proposal. The public works director may require a separate permit application for work upon a public right-of-way consistent with Chapter 17.93 CMC and/or the develoment engineering standards. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]
17.48.100 Special provisions.
A. Any approved development containing 20 or more residential dwelling units or guest rooms shall provide an approved transit/bus stop on an arterial street within 300 feet of such development. Such stop shall be consistent with the applicable requirements of the development engineering standards.
B. Conditional Use – Nonresidential Development. The following criteria shall be used, in addition to all other applicable criteria, in considering a conditional use permit application for any nonresidential development in an R-3 zone.
1. SEPA categorical exemptions shall not be applicable. All conditional use proposals for nonresidential development within an R-3 zone shall require a SEPA checklist, required application fee and compliance with all applicable provisions of Chapter 17.15 CMC, State Environmental Policy Act (SEPA), including mitigating conditions.
2. Any approved development with an occupant load of 100 or more persons shall provide an approved transit/bus stop on an adjacent arterial street within 300 feet of such occupancy. Such stop shall be consistent with the applicable requirements of the development engineering standards.
C. Excavation or grading of any development site which involves both:
1. More than three acres of disturbed area; and
2. Transportation of any excavated or graded material to any off-site location;
shall require an application to the Washington State Department of Natural Resources (DNR) for a surface mining reclamation permit and compliance with any conditions of approval for such permit unless the DNR advises the city in writing that such permit is not required for the subject proposal.
D. Incidental Sales (e.g., Garage Sales).
1. Shall not occur for more than four consecutive days per sale;
2. Shall not occur more frequently than quarterly (at least 90 days between such sales);
3. Shall not involve the sale or other disposition of toxic, hazardous, or dangerous substances or chemicals, or flammable or combustible liquids;
4. Shall not occur on any public right-of-way;
5. Shall not create any public nuisance or traffic hazard; and
6. Shall not constitute a home occupation. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]
17.48.110 Signs.
A. All signs shall comply with any applicable provisions of Chapter 17.86 CMC, Signs (General), and shall require a sign construction permit unless specifically exempted.
B. Address numbers required by CMC 17.83.090 shall not be considered to be a sign.
C. Permanent Signs.
1. Are limited to 32 square feet in area;
2. Sign copy is limited to any combination of the following:
a. Situs address of the property;
b. Name(s) of the residential occupants of the property;
c. Business name of one approved home occupation;
d. Common name of the development or complex;
3. Are limited to one sign per street frontage.
D. Temporary Signs.
1. Shall be displayed for not longer than three consecutive days in any 90-day period;
2. Are limited to two square feet in area.
E. Political Signs.
1. Shall not be publicly displayed by a candidate for public office prior to the public announcement that the candidate is running for a particular office;
2. Shall be removed within 10 days after the date of the election for the candidate or issue being advertised on such sign.
F. Real Estate Signs.
1. Are limited to 32 square feet in area and eight feet in height;
2. Shall be removed within 10 days of the date of closing the sale of the advertised property.
G. Warning Signs (Private Property).
1. Shall be installed whenever a person upon any public property, right-of-way or adjacent private property could become endangered or injured by virtue of any development activity on private property;
2. Shall identify with reasonable specificity what activity or condition may be dangerous to a person on public property (e.g., dangerous dog, barbed wire fence, falling debris, trucks unloading, etc.).
H. Warning Signs (Public Property).
1. Shall be installed when and where required by the director of public works. [Ord. 720B § 1, 2002.]
17.48.120 Hazardous waste.
A. On-site treatment and/or storage of hazardous waste which may be an accessory or ancillary aspect of any approved permitted or conditional use may be allowed; provided, that such activity meets the siting criteria of RCW 70.105.210 and any amendments thereto, in addition to any conditions of approval attached by the city.
B. Hazardous waste storage facilities shall not be permitted.
C. Hazardous waste treatment facilities shall not be permitted.
D. Any hazardous waste management activity which requires a Washington State Dangerous Waste Permit pursuant to Chapter 173-303 WAC shall submit a copy of such permit approval to the city prior to initiating such activity. [Ord. 720B § 1, 2002.]