Chapter 23.38
SUPPLEMENTARY YARD AND AREA REGULATIONS
Sections:
23.38.020 Accessory buildings in residential zoning districts.
23.38.030 Architectural features.
23.38.080 Height restrictions.
23.38.090 Height limitations – Exceptions.
23.38.110 Maintenance of required landscaping.
23.38.120 Use of recreational vehicles.
23.38.010 Area.
In any AG or any R district, a parcel of land with an area or width less than required for a permissible residential use, existing prior to the effective date of the ordinance codified in this title, may be used as the site for one one-family detached dwelling; provided, that all other regulations for the district, as prescribed in this title, shall be satisfied. [Ord. 28-05 § 1.02].
23.38.020 Accessory buildings in residential zoning districts.
A. Attached accessory buildings and detached accessory buildings meeting the main building setbacks shall comply with all the site requirements for the main building including maximum building height, minimum setbacks and maximum lot coverage as set forth in RMC 23.18.040.
B. Detached accessory buildings not meeting the main building setbacks are subject to the following requirements:
1. Detached accessory buildings shall be erected or altered so as not to be nearer to any street lot line than the minimum depth required for a front yard in the district.
2. Detached accessory buildings built adjacent to the front half of an adjoining lot shall comply with applicable side yard requirements of the underlying zoning district.
3. Detached accessory buildings under 200 feet may be located adjacent to the primary structure provided all building and fire codes are met. Those sheds less than 200 feet located in the side yard shall maintain a minimum five-foot clearance to the property line or primary structure from the leading edge of the shed; see diagram below.
4. When a detached accessory building is built adjacent to the back half of the adjoining lot or is 75 feet or more from any right-of-way line bounding the lot, the following setbacks shall apply:
a. If the accessory building is 120 square feet or less in floor area and 10 feet or less in height, a one-and-one-half-foot setback is required from the side and rear property lines.
b. Accessory buildings over 10 feet in height and those between 120 square feet and 600 square feet in floor area shall be set back a minimum of three feet from the rear and side property lines.
c. Any accessory building exceeding 600 square feet in floor area shall be set back a minimum of five feet from the rear and side property lines.
C. In addition to maintaining compliance with the maximum overall lot coverage set forth in RMC 23.18.040, total area of detached accessory buildings located in a rear yard shall not exceed 25 percent of the area of said rear yard.
D. In no case shall a detached accessory building exceed 900 square feet in floor area or 50 percent of the gross floor area of the main building (including the floor area of attached garages but excluding any floor area of a basement), whichever is greater, to a maximum of 1,200 square feet.
E. To help ensure larger detached accessory buildings are similar in design and appearance to the main building, detached accessory buildings over 900 square feet in floor area or which exceed the height of the main building on the lot shall be subject to the following minimum design standards:
1. In no case shall a detached accessory structure exceed a height of 16 feet.
2. The detached accessory structure shall have a minimum roof pitch of 4:12 or a roof pitch equal to or greater than the roof pitch of the main building on the lot if the roof pitch of the main building is less than 4:12.
3. Exterior siding shall consist of wood, hardboard, stucco, aluminum, vinyl or steel siding commonly used in standard residential construction. Corrugated metal siding or similar industrial type siding is not permitted.
The final administrative decision as to a proposed accessory building’s conformance with the design standards set forth in this subsection may be appealed to the hearings examiner in accordance with the procedures set forth in RMC 23.70.070, Administrative review – Procedures.
F. Detached residential accessory buildings built pursuant to this section shall not be more than one story.
G. Storage containers are not permitted as a permanent storage building or as temporary storage for longer than 180 consecutive days.
[Ord. 28-05 § 1.02; Ord. 04-09; Ord. 20-10 § 1.02; Ord. 20-14 § 1.02; Ord. 40-19 § 2].
23.38.030 Architectural features.
A. Cornices, canopies, eaves, or similar architectural features may project into any existing yard a maximum distance of two feet.
B. Chimneys may project into any existing or required yard, whichever is the lesser, a distance not exceeding two feet.
C. Fire escapes and outside stairways which are unroofed and unenclosed above the steps thereof may project into any required front yard a distance not exceeding six feet, into any required side yard a distance not exceeding three feet, and into any required rear yard a distance not exceeding 10 feet. A guardrail no higher than three feet shall be provided at or around such stairs or landing places. [Ord. 28-05 § 1.02].
23.38.040 Carports.
A. Detached carports shall comply with all requirements of an accessory building.
B. Attached carports may project into an existing or required front yard, whichever is lesser, a maximum distance of three feet and into any required rear yard a distance of 15 feet; provided, that such carport:
1. Is no longer than 24 feet;
2. Is open on two or more sides;
3. Shall not extend closer than 10 feet to the front lot line.
C. Attached carports may project into one required side yard to within five feet of an interior lot line; provided:
1. The carport is unenclosed on the side facing the street and the side facing the nearest lot line; and
2. The slope of the carport roof surface does not exceed 45 degrees from the horizontal, over the required side yard; and
3. The carport is no longer than 24 feet.
D. Storage walls, not exceeding four feet in depth, may be utilized as supporting members of detached and attached carports.
E. Carports complying with all requirements of a main building need not comply with length and height restrictions noted in this section.
On corner lots, attached carports may project into a flanking side yard in conformity with the requirements of carports encroaching upon front yards. [Ord. 28-05 § 1.02; Ord. 32-11 § 10].
23.38.050 Patios.
Attached uncovered patios, open on two or more sides, may project into any required rear or side yards adjacent to an interior lot line, provided patio roofs that provide shelter shall comply with the requirements for ground story porches.
Attached patios with roofs composed of an open trellis, beams or similar construction that does not provide permanent shelter may extend to within five feet of an interior rear or side property line, provided such structure does not constitute a view obstruction. [Ord. 28-05 § 1.02; Ord. 32-11 § 11].
23.38.060 Porches.
Ground-story porches unenclosed on two or more sides and not longer than 24 feet may project into any existing or required front yard, whichever is the lesser, a distance not exceeding six feet, and into any existing or required rear yard a distance not exceeding 15 feet, provided they shall extend no closer than 10 feet to the front or rear lot line.
Ground-story porches unenclosed on three sides and unlimited as to length may project into any existing or required front yard, whichever is the lesser, a maximum distance of six feet, and into any existing or required rear yard a distance not exceeding 15 feet, provided they shall extend no closer than 10 feet to the front or rear property line.
On corner lots, ground-story porches may project into a flanking side yard in conformity with the requirements of a porch encroaching upon a front yard. [Ord. 28-05 § 1.02; Ord. 32-11 § 12].
23.38.070 Fences.
Fences are permitted as follows:
A. Open Fences (fences constructed of panels/sections with at least 50 percent open spaces such as nonslatted chain link, wrought iron, picket or rail fencing).
1. Six feet high, anywhere on the lot; provided, that they shall be no closer to a street right-of-way than the building setback line in the same zone, except as provided for in subsections (E) and (F) of this section.
2. Four feet high, anywhere on the lot and within adjoining street right-of-way to within one foot behind sidewalk or five feet behind back of curb; provided, that they do not form sight obstructions at intersections or at curves.
3. Open fences constructed in conjunction with public playgrounds, public utilities and other public installations shall be no closer than 10 feet to the curb line, but such fences may be any height necessary for safety and security.
B. Other Fences.
1. Six feet high, anywhere on the lot; provided, that they shall be no closer to the street right-of-way than the building setback line in the zone, except as provided in subsections (E) and (F) of this section.
2. Three feet high, anywhere on the lot and within adjoining street right-of-way to within one foot behind sidewalk or five feet behind back of curb; provided, that they do not form sight obstructions at intersections, or at curves.
C. Fence height shall be measured above the highest grade within two feet of the fence line.
D. Fences and hedges shall be constructed and maintained in accordance with the requirements of Chapter 12.11 RMC, Intersection Sight Distance.
E. Fences up to six feet high may be built inside the property line and adjacent to arterial streets on lots having access to other streets when provisions for other such fencing are included in approved subdivision plats in accordance with RMC 24.08.140 and 24.16.260 or when special approval is granted by the administrative official. When fences are constructed under this provision, the following requirements shall apply:
1. The adjacent strip of land between the fence and the back of the adjacent sidewalk shall be improved by the property owner concurrent with installation of fencing;
2. The property owner shall provide a treatment plan for the strip of land as part of the building permit application process;
3. The treatment plan shall provide for minimum treatment with grass, decorative rock, wood, bark, or any combination of such materials or similar materials in a manner that will minimize disturbance by natural elements or pedestrians. Xeriscaping with native plants and other low maintenance landscaping materials is encouraged;
4. Fence installation and treatment of the strip of land shall be completed within six months after a permit is obtained;
5. Trees or shrubs may be planted on or behind the centerline (fence side) of the strip of land and shall be continuously maintained in a manner that will not interfere with normal pedestrian and vehicular uses on the adjacent sidewalk and street;
6. No vehicular access is allowed through any such fences except for occasional maintenance purposes;
7. Where no sidewalk or curb is required on an arterial street or highway, any required landscape treatment need not extend further than seven and one-half feet toward the street from the fence; provided, however, that the administrative official may waive, wholly or in part, the requirement of landscape treatment after finding that special circumstances exist which justify such a waiver.
F. For corner lots and lots with triple-street frontages, solid fencing on the flanking street over three feet in height and open fencing over four feet in height must be set back five feet from the property line or 10 feet from the back of the sidewalk if existing, whichever is greater. This is not applicable to the primary front yard (see diagram below).
G. Barbed Wire and Electric Fences. The use of barbed wire and electrically charged fences is prohibited except as follows:
1. Such fences may be used in areas zoned for agricultural uses for the purpose of confining livestock.
2. Barbed wire fences may be used in general business C-3 district, business and industrial, zones around outdoor storage areas, and in any zone for security around public facilities.
When permitted, such fencing shall comply with all required zoning setbacks and, in any event, shall be located at or behind the property line. [Ord. 28-05 § 1.02; Ord. 04-09; Ord. 32-11 § 13; Ord. 20-14 § 1.03].
23.38.080 Height restrictions.
A. Towers, gables, penthouses, scenery, lofts, cupolas, water tanks, similar structures and mechanical appurtenances may be erected on a building to a height greater than the limit established in any primary district.
1. No such exception shall cover more than 15 percent of the total building footprint.
2. No such exception shall be used for other than a use incidental or accessory to the main use.
3. No such exception shall exceed the building height limit by more than 25 percent.
B. A chimney, civil defense siren, church spire, flag pole, monument, radio or TV antenna or necessary government or public utility structure may be erected to a height greater than the limit established in any primary district, provided:
1. No such exception shall cover more than five percent of the total building footprint.
2. This exception shall not be applied to wireless communication facilities otherwise regulated in Chapter 23.62 RMC.
C. In any district with a height of 35 feet or less, public and quasi-public buildings, schools, churches, hospitals, and other institutions permitted in the districts may be erected to a height not exceeding 50 feet, provided the front, rear, and side yards shall be increased one foot for each one foot by which the building exceeds the height limit hereinbefore established for the district. [Ord. 28-05 § 1.02; Ord. 20-07].
23.38.090 Height limitations – Exceptions.
In any commercial or industrial district having a maximum height limitation, except the C-1 neighborhood retail business use district, buildings containing uses permitted in the districts may be erected to heights exceeding the maximum height limitation of the district in which they are located; provided, that minimum yard requirements shall be increased by one foot for each foot the building exceeds the height limitation of the district. Nothing in this section would preclude a stepped building with those portions of the building located closest to the required yards meeting the maximum building height requirement, while portions of the same building further removed from the required yards may exceed the height requirement. [Ord. 28-05 § 1.02].
23.38.100 Pigeons.
The raising and keeping of performing pigeons and show pigeons as an incidental use to a single-family or duplex residential unit is permitted subject to the issuance of a permit and compliance with requirements of this section.
A. Definitions.
“Performing pigeons” are pigeons which are raised and used in the sport, hobby or competition of racing; which require being released for freedom of flight for purposes of training, maintaining physical conditioning or competitive performance; and which are identified by a leg band containing the name or initials of the owner, or with an identification or registration number stamped on the band. Specifically included in this category are flying tipplers, tumblers, rollers and homing or racing pigeons.
“Permit” means a certificate authorizing an individual to maintain a loft for the housing of pigeons and to release performing pigeons for freedom of flight, for purposes of training and maintaining physical conditioning.
“Pigeon loft” means any permanent structure which is used for the housing or keeping of performing or show pigeons.
“Show pigeons” are pigeons which are raised and used in the sport, hobby or competition of show; which do not require being released for freedom of flight for maintenance of physical conditioning or training; and which are identified by a leg band containing the name or initial of the owner, or with an identification or registration number stamped on the band.
B. Permit Application. The administrative official shall issue a permit to maintain a pigeon loft and to use the same for the keeping of performing and/or show pigeons, to an individual upon application and qualification for issuance of such permit as herein provided. Any person making application for the permit shall provide the following information:
1. A completed application form;
2. A scaled plot plan showing the following:
a. Boundaries and dimensions of the property;
b. Location and dimensions of existing buildings and structures; and
c. Location and dimensions of the pigeon loft;
3. Building plan(s) showing the dimensions, floor plans and construction materials for the pigeon loft; and
4. A fee of $25.00 shall be submitted with each application. No application shall be accepted or processed until the fee is paid in full.
C. Special Requirements. The following special requirements shall apply to the raising and keeping of performing and show pigeons:
1. All pigeon lofts shall be considered accessory buildings and shall be located in the rear half of the lot. The structures shall comply with the side yard setback requirements for the main structure in the respective district. The rear yard setback for the lots shall be not less than 15 feet.
2. All pigeon lofts shall be constructed and maintained in a clean and sanitary condition so as not to create offensive odors, fly or insect breeding, or other nuisances.
3. Only one loft shall be permitted per residential unit, and each lot shall contain not more than 50 pigeons over one year of age and 25 pigeons under one year of age.
4. Performing pigeons requiring freedom of flight for purposes of training, maintaining physical conditioning or competitive performance may be released for such purpose(s); provided, however, that in no instance shall the pigeons be allowed to continually perch or linger on buildings, structures or property of others in the vicinity of the loft.
D. Suspension of Permit and Appeal Procedure. Any permit for a pigeon loft issued pursuant to this section may be suspended or revoked by the planning and inspection services director or his designee for violation of any of the provisions or requirements of this section. Notification of suspension or revocation of the permit shall be made through delivery of a letter to the holder of the permit. Any person aggrieved by the denial, suspension or revocation of a permit may appeal such administrative decision in accordance with RMC 23.70.070. [Ord. 28-05 § 1.02; amended during 2011 recodification].
23.38.110 Maintenance of required landscaping.
Whenever any standard contained in this title requires the installation of landscaping, fencing, screening or a combination thereof, the owners of such property shall be responsible for the continued maintenance of such landscaping/fencing in good condition. [Ord. 28-05 § 1.02].
23.38.120 Use of recreational vehicles.
No person shall live in or continuously occupy a recreational vehicle, as defined in RMC 23.06.802, whether or not self-contained, within any zoning district within the city, unless said recreational vehicle is located within a legally established recreational vehicle park or recreational vehicle campground; except that the temporary occupancy of a recreational vehicle parked on a residentially zoned property for a period of up to 14 days is permitted. No residential property shall be permitted more than a total of 28 days of temporary occupancy during any calendar year.
On properties zoned for commercial uses, including C-1, C-2, C-3 and B-C zones, recreational vehicles may be temporarily occupied for a period of up to 14 days; provided, that the occupancy of the recreational vehicle is used to support a legally established sale of merchandise, such as fireworks, Christmas trees or similar type of temporary or seasonal sale items.
Commercial property owners may permit the occupancy of recreational vehicles on their properties that are developed with retail uses for a period of up to 14 days.
On properties zoned or used for public parks and golf courses, the temporary occupancy of recreational vehicles is permitted; provided, that the occupancy of the recreational vehicle is used during a sporting tournament or similar event. The duration of the temporary stay is limited to the length of the particular tournament or event.
Recreational vehicles may be stored on residential properties in compliance with RMC 11.33.020 or within commercial storage facilities. Recreational vehicles may also be used as temporary residences; provided, that such use as a temporary residence is permitted in the zoning district; and provided, that such use complies with the provisions of RMC 23.42.110(A). [Ord. 01-10 § 1.03].