Chapter 17.08
GENERAL PROVISIONS
Sections:
17.08.010 Purpose – Adoption of official land use plans.
17.08.020 Conflicting provisions.
17.08.030 Compliance of buildings and yards.
17.08.040 Building site – Lot in approved plat.
17.08.050 Building site – Lots with access by easement or private road.
17.08.060 Improvement for vehicular access.
17.08.070 Building permit – Final approval of plat.
17.08.080 Building permit – Storm sewer facilities.
17.08.100 Impairment of visibility.
17.08.110 Yard designations for lots with more than four sides.
17.08.130 Garages and carports.
17.08.140 Fallout shelters and appurtenances thereto.
17.08.010 Purpose – Adoption of official land use plans.
For the public health, safety, morals and general welfare, and in order (A) to secure for the citizens of Clyde Hill the social and economic advantages resulting from an orderly planned use of the land resources within the city; (B) to regulate and restrict the location and use of buildings, structures and land for residence, trade, industrial and other purposes; the height, number of stories, size, construction and design of buildings and other structures; the size of yards, courts and other open spaces on the lot or tract; the density of population; the setback of buildings and other structures; the setback of buildings along highways, parks, or public water frontages; and the subdivision and development of land; (C) to provide definite official land use plans for property publicly and privately owned within Clyde Hill; and (D) to guide, control, and regulate the future growth and development of the city in accordance with the plans, there is hereby adopted and established official districting plans for Clyde Hill pursuant to the authority of Chapter 44, Laws of Washington for 1936. (Ord. 805 § 1, 1999; Ord. 74 § 1, 1959. Formerly 17.04.010)
17.08.020 Conflicting provisions.
The provisions of this title shall be construed as the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. This title is not intended to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use of buildings or land or upon height of building, or requires larger space than is imposed or required by other ordinances, rules or regulations or by easements, covenants or agreements, the provisions of this title shall govern. (Ord. 805 § 1, 1999; Ord. 742 § 1, 1996; Ord. 74 § 13, 1959. Formerly 17.04.020)
17.08.030 Compliance of buildings and yards.
A. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner for other than a permitted use listed in this title or amendments thereto for the use district in which such land, building, structure or premises is, or will be, located.
B. No building or structure shall be erected nor shall any existing building or structure be moved, reconstructed or structurally altered to exceed in height the limit established by this title or amendments thereto for the use district in which such building or structure is located.
C. No building or structure shall be erected, nor shall any building or structure be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements thereto for the use district in which such building or structure is located.
D. No yard or other open spaces provided about any building or structure for the purpose of complying with the regulations of this title or amendments thereto shall be considered as providing a yard or open space for any other building or structure. (Ord. 805 § 1, 1999; Ord. 74 § 3(7), 1959. Formerly 17.04.030)
17.08.040 Building site – Lot in approved plat.
Any lot may be used for a building site, provided it complies with the restrictions governing the zoning district in which it is located. Any lot included within a plat approved by the applicable governing body and duly recorded in King County shall be considered an approved building site unless such lot is merged with a neighboring lot as a result of CHMC 17.60.040. (Ord. 805 § 1, 1999; Ord. 93, 1960; Ord. 74 § 9(A)(6), 1959. Formerly 17.36.040)
17.08.050 Building site – Lots with access by easement or private road.
Any lot not adjacent to a public right-of way, the access to which is by way of an easement or private roadway, is an approved building site if such lot is shown on official city district maps or if such lot is created by subdivision of a parcel, which subdivision has been approved by the applicable governing body and duly recorded in King County unless such lot is merged with a neighboring lot as a result of CHMC 17.60.040. No building permit for remodeling or new construction shall be issued to the owner or purchaser of a lot, the only access to which is by way of an easement or private roadway, unless the provisions of Chapter 17.44 CHMC are strictly complied with. (Ord. 805 § 1, 1999; Ord. 324 § 1, 1973; Ord. 74 § 9(A)(2), 1959. Formerly 17.36.030)
17.08.060 Improvement for vehicular access.
The owner of any lot located within a plat approved by the board of King County commissioners prior to the incorporation of the city and adjacent to an unimproved right-of-way may apply to the city council for permission to open and improve, at the owner’s expense, such portion of the right-of-way as will allow reasonable vehicular access to the lot. The granting of such permission shall be at the discretion of the city council and subject to such terms and conditions as the council shall deem proper and necessary. Upon granting of the permit, the lot to which vehicular access is thereby authorized shall be considered a building site, as defined by this title, subject to the restrictions governing the use district in which it is located. (Ord. 805 § 1, 1999; Ord. 287 § 5, 1971; Ord. 132 § 2, 1962; Ord. 74 § 9(A)(8), 1959. Formerly 17.36.050)
17.08.070 Building permit – Final approval of plat.
No building permit shall be issued to the owner or purchaser of any area of real property contained within a proposed plat, final approval of which has not yet been obtained from the council. For the purpose of interpretation of this section, a proposed plat shall be considered a plat incidental to which a preliminary plat has been filed with the planning commission. (Ord. 805 § 1, 1999; Ord. 287 § 5, 1971; Ord. 162, 1963; Ord. 74 § 9(A)(9), 1959. Formerly 17.36.060)
17.08.080 Building permit – Storm sewer facilities.
No building permit shall be issued to the owner or purchaser of any area of real property until such time as plans for storm sewer facilities have been approved in accordance with the provisions of this title and all amendments thereto, and in accordance with CHMC Title 16, Subdivisions. (Ord. 805 § 1, 1999; Ord. 742 § 8, 1996; Ord. 352, 1975; Ord. 342, 1974; Ord. 74 § 9(A)(16), 1959. Formerly 17.36.080)
17.08.090 Property lines.
Property lines shall be delineated and marked by stakes set from an accurate land survey performed by a land surveyor licensed by the state of Washington. (Ord. 805 § 1, 1999; Ord. 287 § 5, 1971; Ord. 174 § 4, 1964; Ord. 74 § 9(A)(11), 1959. Formerly 17.36.120)
17.08.100 Impairment of visibility.
On a corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision of drivers or pedestrians using the adjacent right-of-way, as shown on Figure 1 below. The judgment of the public works director as to whether vision is impeded shall be controlling and is not appealable under CHMC 17.72.060 or any other administrative procedure.
Corner Rule: A clear line of sight must be available to drivers within 85 feet of the center of the intersection of two streets. On a corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision of drivers or pedestrians using the adjacent right-of-way as shown in Figure 1 below.
Figure 1
(Ord. 805 § 1, 1999; Ord. 287 § 6, 1971; Ord. 74 § 9(A)(13), 1959. Formerly 17.36.130)
17.08.110 Yard designations for lots with more than four sides.
For any lot having more than four sides, the yard designations shall be as follows:
A. The front yard(s) shall be that yard(s) which abuts the public right(s)-of-way. However, for noncorner lots that abut S.R. 520 or 84th Avenue N.E., the side of the lot that abuts S.R. 520 or 84th Avenue N.E. shall be considered a rear yard.
B. The side yards shall be those yards that are adjacent to the front yard(s).
C. The remaining sides or yards shall conform to the yard requirements of adjacent property. (Ord. 805 § 1, 1999; Ord. 287 § 6, 1971; Ord. 74 § 9(A)(15), 1959. Formerly 17.36.140)1
17.08.130 Garages and carports.
A private garage or carport shall not be located within front, side or rear yard setbacks as required and defined by this title. The total square footage of all floors contained within a detached private garage shall not exceed 1,150 square feet, exclusive of a stairwell not to exceed 100 square feet, and shall otherwise comply with all applicable building and zoning codes. The total square footage of all floors contained within a carport shall not exceed 800 square feet and shall otherwise comply with all applicable building and zoning codes. No garage or carport shall be used for commercial activities. (Ord. 805 § 1, 1999; Ord. 644 § 3, 1991; Ord. 376 § 5, 1976; Ord. 74 § 9(A)(5), 1959. Formerly 17.36.180)
17.08.140 Fallout shelters and appurtenances thereto.
Fallout shelters may be constructed without regard to setback requirements provided they are situated entirely beneath the surface of the ground. If any portion of the roof or top of a fallout shelter, exclusive of appurtenances, shall extend above the ground surface, the shelter shall be considered an accessory structure. Chimneys, vents and access openings shall be considered appurtenances. Any appurtenance to a fallout shelter extending more than 30 inches above original grade shall be subject to setback requirements as set forth elsewhere in this title. (Ord. 805 § 1, 1999; Ord. 287 § 5, 1971; Ord. 129, 1961; Ord. 74 § 9(A)(7), 1959. Formerly 17.36.190)
17.08.150 Churches.
Churches shall have at least 65 percent of the building site areas devoted to open spaces. Open spaces may include parking areas. The front yard, rear yard and side yard requirements shall be the same as provided in this title for the kind of use district in which they are located. (Ord. 805 § 1, 1999; Ord. 74 § 9(A)(1), 1959. Formerly 17.36.200)
17.08.160 Lights.
Outdoor lights shall be oriented away from adjoining properties and shall not create a nuisance to adjoining property owners. Further, outdoor lights shall not be oriented in such a manner as to obstruct the vision of drivers on any adjoining right-of-way. (Ord. 805 § 1, 1999)
17.08.170 Drainage.
Drainage requirements during development, improvement, use or construction within a lot, site, parcel plat or other area must comply with the provisions of Chapter 15.10 CHMC. (Ord. 838 § 2, 2001; Ord. 805 § 1, 1999; Ord. 352, 1975; Ord. 74 § 9(A)(17), 1959. Formerly 17.36.210)
Code reviser’s note: Three subsections numbered “15” were added by amendment to § 9(A) of Ord. 74.