Chapter 17.44
GENERAL REGULATIONS
Sections:
17.44.020 Setbacks and dimension requirements.
17.44.050 Pedestrian and/or bicycle access.
17.44.060 Barrier-free access.
17.44.070 Cul-de-sac and dead-end streets.
17.44.100 Nonresidential buildings.
17.44.110 Residential performance standards.
17.44.120 Manufactured homes within manufactured/mobile home parks.
17.44.170 Accessory buildings.
17.44.180 “Type A” home occupations.
17.44.200 Winery, small-scale and micro-brewery.
17.44.210 Maintenance and alterations.
17.44.220 Clear view triangle.
17.44.010 Scope.
The purpose of the general use regulations and standards is to provide a concise reference for bulk, density and setback regulations as well as general requirements that are common to many different zoning districts. Unless otherwise indicated, the provisions of this chapter are applicable to all zoning districts within city limits. (Ord. 07-012 § 1).
17.44.020 Setbacks and dimension requirements.
Building setbacks and lot dimension requirements shall be as provided in Table 17.44.020, below. Except as otherwise stated herein, required setbacks are measured from the eave line of a roof.
|
Zone |
Lot Coverage |
Building Height4 |
Minimum Square Feet |
Minimum Width |
Setbacks |
|||
|---|---|---|---|---|---|---|---|---|
|
Front1 |
Rear2 |
Platted Alley |
Side2 |
|||||
|
R-R |
40% |
35 feet |
7,000 |
60 feet |
15 feet |
10 feet |
5 feet |
5 feet |
|
R-1 |
40% |
35 feet |
7,0005 |
60 feet |
15 feet |
10 feet |
5 feet |
5 feet |
|
R-2 |
40% |
35 feet |
7,0006 |
60 feet |
15 feet |
10 feet |
5 feet |
5 feet |
|
C-B |
None |
40 feet |
None |
None |
0 |
03 |
0 |
03 |
|
I-G |
None |
40 feet |
None |
None |
0 |
03 |
0 |
03 |
|
C-M |
None |
40 feet |
None |
None |
0 |
03 |
0 |
03 |
1 Structures on corner lots shall observe a front yard setback from both front property lines.
2 Eaves, cornices, gutters, sunshades and other similar architectural features that are at least eight feet above finished grade may project up to two feet into required yard areas.
3 When the lot is adjacent to land in a residential zone, the setback shall be 10 feet from the side property line and 15 feet from the rear property line.
4 As measured to the ridgeline of the roof.
5 8,000 square feet for duplex units.
6 8,000 square feet for duplex units, plus an additional 2,500 square feet for each additional unit.
(Ord. 14-029 § 1 (Exh. A); Ord. 07-012 § 1).
17.44.030 Site improvements.
(1) Before the issuance of any permit or approval to build, use or occupy any building or site for which site improvements are required as a condition of the permit or approval, the city may require that the owner shall provide a suitable bond surety, to ensure the site improvements are completed before use or occupancy of the site.
(2) Before the release of a site improvement surety bond, the city may require that the owner shall provide a bond or other surety acceptable to the city to ensure the maintenance of the site improvements in an amount 15 percent of the cost of the site improvements and may be released two years after the release of the site improvement surety.
(3) The mayor shall not release sureties for completed or partially completed required improvements except under the following conditions:
(a) The project proponent has submitted a schedule of improvements, the sequence for completion and the value of each part of the improvement for which a release of cash or bond surety may be sought;
(b) Each segment of a required improvement shall be usable by itself without completion of the remainder of the improvement;
(c) Each segment shall receive final inspection and approval by the city before release of the cash or bond surety for that part of the improvement;
(d) All partial releases on each improvement shall constitute no more than 100 percent of the estimated value of the entire completed improvement; and
(e) All releases of cash or bond sureties shall be approved in writing by the mayor. (Ord. 07-012 § 1).
17.44.040 Street pattern.
Within any residential zoning districts and development of new streets shall follow the historic grid pattern of development with a maximum 350-foot block (or 400 feet from centerline to the centerline of consecutive parallel street). (Ord. 07-012 § 1).
17.44.050 Pedestrian and/or bicycle access.
All land development, uses and activities shall ensure provisions are made for safe and convenient pedestrian and/or bicycle access circulation systems that link lots, tracts, and/or buildings to adjoining parks and trail systems. Trail systems shall provide continuity of public access and/or facilitate their eventual connection to other areas incrementally through time.
(1) Trail improvements and easements/tracts of land shall be provided whenever a division of land or other development activity occurs for residential, commercial, industrial, and/or recreation development when near parks, recreation areas, schools, churches, dead-end roads, bodies of water such as rivers or lakes, existing/future trails, public facilities and/or other similar activities and facilities.
(2) The dimensions of the linkage system shall have a minimum easement width of 10 feet with a minimum width of six feet improved with gravel, asphalt or other similar all-weather surface materials. Linkage corridors may be bridged or partially covered but are intended for pedestrian movement through the entire length of the corridor.
(3) Maintenance of any trail corridor or improvement retained in private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the city. (Ord. 07-012 § 1).
17.44.060 Barrier-free access.
All development shall comply with the Washington State rules and regulations for barrier-free design. (Ord. 07-012 § 1).
17.44.070 Cul-de-sac and dead-end streets.
(1) Permanent cul-de-sacs and dead-end roads are not normally permitted within new developments. Permanent cul-de-sacs will only be permitted where the applicant can (a) demonstrate that his/her design does provide an acceptable level of network circulation considering the terrain and adjacent existing roadway network, and (b) demonstrate that the prohibition of cul-de-sacs will place an unreasonable economic impact on the applicant. Where permitted, permanent road ends shall terminate in a cul-de-sac and require an access easement turnaround.
(2) A minimum of 30 feet of contiguous frontage is required for lots located on a cul-de-sac. (Ord. 07-012 § 1).
17.44.080 Fences and hedges.
All fences located within the city of Kittitas shall meet the following standards unless otherwise regulated within this code:
(1) Natural evergreen screening is encouraged. Temporary fencing may be approved if erected simultaneously with permanent plantings.
(2) Fences, Front Yard. Forty-two inches maximum height. On corner lots both sides adjacent to the streets shall be considered front yards. On corner lots no objects, fences, or other physical obstruction shall be allowed within a minimum distance of 15 feet in each direction from the corner where the street side property lines intersect, then the 42 inches maximum height from ground level will be permissible.
(3) Side Yard. Maximum height 42 inches from the front back to the setback limitation, then it can be the maximum of 72 inches.
(4) Rear Yard. Maximum height of 72 inches.
(5) Fences and hedges shall maintain a clear view triangle, as defined and regulated herein. (Ord. 07-012 § 1).
17.44.090 Landscaping.
Where landscaping is required by this code, the following provisions shall be met:
(1) All required landscaping shall be maintained by the landowner or, in the case of streetscape landscaping, by the adjacent landowner, unless it is part of a city maintenance program, free of weeds and trash, and shall prune to maintain the growth and health of the plants, and replace any diseased, damaged, unhealthy or dead plants.
(2) Landscape Plan. All landscape plans shall be a scaled drawing submitted to and approved by the city. At a minimum, the landscape plan shall contain the following:
(a) A plant list indicating the type, size and quantity of proposed plant materials;
(b) The landscape design must include the location and size of all existing and proposed planting areas on the site. An irrigation or specified method of watering shall also be submitted. Where utilized, the following items shall also be shown:
(i) Indication of screening and buffer plantings required by ordinance;
(ii) Permanently installed irrigation system with adequate water pressure and coverage to serve all landscaped areas, except for areas with existing native species that are incorporated into the approved design;
(iii) Impervious surfaces;
(iv) Natural or manmade features and water bodies;
(v) Existing or proposed structures, fences, and retaining walls;
(vi) Location and spacing of each plant to be planted, shown to scale;
(vii) Designated recreational open space areas, pedestrian plazas, or green areas; and
(viii) The location of all proposed lighting shall be included.
(3) Adjustment of Landscape Requirements.
(a) An alternative landscaping plan for an overall site development may be submitted and approved by the city when the landscaping plan as proposed meets the minimum standards and general intent of this chapter. The landscaping plan shall be processed simultaneously with the overall site development plan.
(b) The city may authorize reduced or expanded widths of plantings or may waive or require supplementation of some of the landscaping requirements in the following instances:
(i) When the inclusion of significant existing vegetation located on the site would result in as good as or better satisfaction of the purposes of this section;
(ii) When the landscaping would interfere with the adequate flow of storm water runoff, as determined by the city engineer along drainage easements and/or when the landscaping would interfere with the adequate treatment of storm water in grassed percolation areas;
(iii) Requests for modifications to landscape plans under this subsection are classified in accordance with Type I permits as set forth in Chapter 14.09 KMC, Review and Approval Process.
(4) Performance Assurance.
(a) The required landscaping shall be installed prior to occupancy or the issuance of an occupancy permit, whichever occurs first, unless the director determines that a performance assurance device will adequately protect the interest of the city. In no case may the property owner/developer delay performance for more than one year, unless a time schedule is developed to phase in the landscaping and is approved by the director. Except that, new commercial uses with five or fewer employees shall have a period of three years from the start of the commercial use to fully comply with the provisions of this chapter. As interim provisions during those three years, the areas that will be required for landscaping in accordance with this chapter shall be developed and maintained in a weed-free condition with appropriate ground cover.
(b) The city may require performance assurance as a warranty of plant survival. Such an assurance shall, if required, be in effect through one complete growing season following planting. If a performance assurance device is required it shall be in a form acceptable to the city attorney, and in an amount that is 150 percent of the estimated cost of installation. (Ord. 07-012 § 1).
17.44.100 Nonresidential buildings.
All nonresidential buildings and structures must have been originally and specifically constructed for use as a permanent building or structure. Cargo containers, trucks, vans, converted mobile homes and similar prefabricated containers and structures originally built for other, alternative purposes do not meet these criteria and are prohibited for use as accessory buildings. (Ord. 07-012 § 1).
17.44.110 Residential performance standards.
All residential dwellings shall meet the following criteria:
(1) Minimum Floor Area. The minimum floor area shall be 900 square feet;
(2) Minimum Width. The minimum width shall be 24 feet at the narrowest point;
(3) Siding Materials. Siding materials shall be wood, masonite, masonry, stucco or other comparable materials. Residential structures shall be completely enclosed between the bottom of the exterior walls and adjacent ground level;
(4) Floor Level/Pit Set. The first finished floor level of a single-story residence shall be 15 inches or less above the exterior finished grade adjacent to the residential structure;
(5) Minimum Roof Pitch. Three feet vertical distance for every 12 feet horizontal distance (3:12), however nothing in this section shall prevent a site-built home from using a roof with less pitch, provided the design, engineering and construction ensure the structure maintains the adopted snow load requirements;
(6) As allowed in KMC 17.40.020, District use chart, designated manufactured homes located on individual lots, parcels or tracts of land shall be a new manufactured home, which means, for the purposes of this code, any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and which is not a “used mobile home” as defined in RCW 82.45.032(2);
(7) Foundation materials shall be masonry, stucco or other comparable materials. Residential structures shall be completely enclosed between the bottom of the exterior walls and adjacent ground level;
(8) Eaves shall overhang at least one foot from the building front. (Ord. 07-012 § 1).
17.44.120 Manufactured homes within manufactured/mobile home parks.
(1) Siding materials shall be wood, masonite, masonry, stucco or other comparable materials. Residential structures shall be completely enclosed between the bottom of the exterior walls and adjacent ground level.
(2) Foundation. Manufactured homes shall have a foundation or skirting that is similar in appearance to the foundations of site-built housing.
(3) Repealed by Ord. 17-014.
(4) Manufactured homes shall be compliant with Washington State energy programs such as Super Good Cents, Energy Star, or equal construction following the guidelines from the Environmental Protection Agency (EPA) for the reduction of energy costs. (Ord. 18-005 § 1; Ord. 17-014 § 1; Ord. 07-012 § 1).
17.44.130 Public facilities.
(1) All subdivisions and/or new construction and development shall connect with city water and sewer.
(2) Storm Water. All development within the city shall make provisions for storm water runoff to be retained and disposed of on site, or disposed of in a system designed for such runoff and which does not flood or damage adjacent properties as provided for in the city’s construction standards. (Ord. 07-012 § 1).
17.44.140 Storage standards.
It is unlawful and a violation of this title for the owner of any premises in the city, the owner’s agent, or the occupant of any premises in the city to store, keep or accumulate junk and/or junk vehicles on such property, or to allow anyone else to store, keep or accumulate junk and/or junk vehicles on such property. Any violations of these provisions shall be considered a public nuisance and shall be subject to the enforcement procedures.
(1) General. All permitted storage shall be considered accessory.
(a) No storage of materials shall be located within any required front yard.
(b) Storage of junk, scrap lumber, metals, glass and other material is prohibited within all zoning classifications.
(c) The repair of any personal automobile, truck or other vehicle of any kind upon the public streets or alleys in any residential district is prohibited.
(d) No vehicle shall be stored on the lot so as to obstruct sidewalks or create a traffic hazard.
(e) No shipping or cargo containers shall be permitted in the R-R, R-1 or R-2 zone.
(i) Any cargo container to be placed in zone C-B, C-M or I-G must be approved and permitted by the city of Kittitas. Cargo containers are not allowed in the R-1, R-2 or R-R zone.
(A) A permit is required to place a cargo container within the city of Kittitas.
Exception: A container used on a permitted job site does not require a placement permit; provided, that all setbacks are maintained from the neighboring property lines and the container is removed within 30 days of the project being finalized or permit expiration.
(B) Cargo containers permitted by the city of Kittitas are subject to all codes and ordinances currently adopted by the city of Kittitas.
(C) All critical areas and setback requirements will apply.
(D) The installation must be designed by a Washington State licensed engineer in a flood hazard area.
(E) Cargo containers shall be installed on level undisturbed soil or a concrete slab. All axles and wheels must be removed.
(F) The property owner who obtains a permit for installation of a cargo container shall assume full responsibility and liability for the cargo container’s ability to support all imposed snow loading. A permitted snow roof may be built over the container.
(G) No additions, modifications or alterations shall be made to the permitted cargo container.
(H) No stacking of multiple cargo containers shall be allowed.
(f) No unlicensed or inoperable vehicles shall be stored for a period of more than 90 days.
(2) Recreational Vehicles. Recreational vehicles, including without limitation boats, motor homes, travel trailers or similar type recreation vehicles, may be parked on public streets for a period of up to 30 days. (Ord. 14-009; Ord. 07-012 § 1).
17.44.150 Public nuisance.
(1) Noise emanating from any use shall be muffled so as to not become objectionable due to intermittent beat, frequency or shrillness, and where use is within or adjoins a residential district.
(2) Lighting shall not be used in such a manner that produces a glare on public streets and neighboring property.
(3) The emission of obnoxious odors of any kind or any toxic or corrosive fumes or gases shall not be permitted. Dust created by a use shall not be exhausted or wasted directly into the atmosphere.
(4) The emission of smoke or particulate matter of a density greater than the standard permitted by the NWAPCA (Northwest Area Pollution Control Agency) is prohibited at all times, unless a permit is issued by the city of Kittitas.
(5) All mechanical, electrical, and electronic equipment shall be shielded to the extent necessary to prevent electrical, magnetic or radiological interference with the use of any equipment or process on abutting sites.
(6) All hazardous materials shall be stored in strict compliance with all federal, state and local regulations.
(7) Any violation of the provisions of the KMC, including without limitation this title, shall constitute a public nuisance. (Ord. 15-028 § 1; Ord. 07-012 § 1).
17.44.160 Signs.
(1) The following signs are permitted in the R-R and R-1 districts:
(a) One unlighted sign not exceeding six square feet in area pertaining only to the sale, lease, or rent of only the particular building, property, or premises upon which displayed. For corner lots, one sign for each street frontage is permitted;
(b) Nameplates not exceeding two square feet in area bearing only the name and occupation of the occupants;
(c) Directional, warning, or safety signs associated with any permitted or conditional use;
(d) Temporary signs.
(2) The following signs are permitted in the R-2 district:
(a) All signs permitted in the R-1 district;
(b) One unlighted or indirectly lighted sign to identify an apartment complex or building, not to exceed 20 square feet in area and limited to 42 inches in height if freestanding.
(3) The following signs are permitted in the C-B district:
(a) Projecting and wall signs shall be limited to one sign per parcel, except that corner and double-frontage lots are permitted one sign for each street frontage, not to exceed 25 percent of the wall area excluding windows and doorways;
(b) Directional, warning, or safety signs associated with any permitted or conditional use;
(c) Temporary signs;
(d) Sandwich board signs may be placed on a sidewalk in front of a business during business hours where the sign is no greater than 42 inches in height nor more than 30 inches in width, and the sign does not obstruct pedestrian traffic;
(e) Illuminated signs shall be of constant light intensity and shall not conflict with traffic controls.
(4) The following signs are permitted in the C-M and I-G districts:
(a) All signs that are permitted in the C-B district except sandwich board signs. (Ord. 22-002 (Exh. A); Ord. 07-012 § 1).
17.44.170 Accessory buildings.
Where authorized by this code, accessory buildings shall meet the following standards:
(1) No accessory building shall be located in any required front yard area.
(2) No accessory building housing livestock or for storage of malodorous substances shall be located within 40 feet of a lot line or principal residential building.
(3) An accessory building must have been originally and specifically constructed for use as a permanent accessory building unless it is to be located in the industrial district. Cargo containers, trucks, vans, converted mobile homes and similar prefabricated containers and structures originally built for alternative purposes do not meet these criteria and are prohibited for use as accessory buildings. (Ord. 07-012 § 1).
17.44.180 “Type A” home occupations.
When all of the following criteria are met, home occupations are considered “Type A” home occupations (see KMC 17.52.100 for “Type B” home occupations) and are allowed as accessory uses in the residential districts following a “Type I review” process as identified in the KMC Title 14:
(1) The use of the property for a home occupation shall be clearly incidental and subordinate to its use for residential purposes; and
(2) Only resident family members are involved in the business; and
(3) Customers do not come to the home to receive goods and/or services, except by limited appointment; and
(4) No exterior signs or indications that a business is present in the home; and
(5) No window display and no sample commodities are displayed outside the building; and
(6) Home occupations shall occupy not more than 25 percent of the total floor area of the primary residence. (Ord. 07-012 § 1).
17.44.190 Day care home.
When all of the following criteria are met, day care homes are allowed as accessory uses in the residential districts following a “Type I review” process as identified in the KMC Title 14 to determine that the following minimum criteria are met:
(1) Comply with all building, fire, safety, health code, and business licensing requirements; and
(2) Strict compliance with all regulations and restrictions of the licensing requirements for day care home administered by the state of Washington; and
(3) Conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; and
(4) Provide a safe passenger parking and loading area; and
(5) No exterior signs or indications that a business is present in the home; and
(6) No outward manifestation or change of primary use other than that of a dwelling if located within a residential area. (Ord. 07-012 § 1).
17.44.200 Winery, small-scale and micro-brewery.
Where authorized by this code, small-scale wineries and micro-breweries shall meet the following standards:
(1) A complete and detailed analysis of water and wastewater usage shall be conducted to ensure city facilities are adequate to meet peak level demands. To minimize impacts on the existing water system, water recycling within the development is encouraged.
(2) All tanks, equipment and supplies shall be kept within an enclosed building/structure(s).
(3) Hours of operations shall be considerate of surrounding uses. (Ord. 07-012 § 1).
17.44.210 Maintenance and alterations.
All buildings and other structures shall be maintained in satisfactory condition with respect to exterior appearance. All additions to existing buildings, new structures, alterations and major maintenance which affect exterior appearances shall be subject to the same review and approval process as originally followed in approval of the principal structure as per the adopted building codes. All landscaped and open space areas shall be kept reasonably free of litter and debris. All plant material shall be kept free of disease, dead material and weeds in landscaped areas. (Ord. 07-012 § 1).
17.44.220 Clear view triangle.
All corner lots at street, alley and/or driveway intersections shall maintain, for safety vision purposes, a vision clearance triangle. No solid or other sight-obstructing fence, sign, utility structure, associated landscaping or other sight obstruction between 36 inches and eight feet in height above the existing road grade shall be placed within the triangle. Measurement should originate from street edge if no sidewalk exists, and back of sidewalk if sidewalk is present, for purposes of designating the clear view triangle.
(1) For street intersections the vision clearance triangle shall consist of the area bounded by the front property lines, extending along the front property lines a distance of 15 feet from the point of intersection, and a straight line connecting said points;
(2) Within the central business district, the vision clearance triangle at street intersections shall consist of the area bounded by the centerlines of the adjacent intersecting streets extending along the centerlines 50 feet from the point of intersection and a straight line connecting said latter points; and/or
(3) For all alley and driveway intersections, the vision clearance triangle shall consist of the area bounded by the centerline of either the platted alley or the established and/or anticipated driveway location and the front property line, extending along each of these lines a distance of 15 feet from the point of intersection, and a straight line connecting said points. (Ord. 18-005 § 1; Ord. 07-012 § 1).