Chapter 20.36
GENERAL AND SUPPLEMENTARY PROVISIONS
Sections:
20.36.030 Front yards, general.
20.36.040 Front yards, projections.
20.36.050 Front yards, semi-built-up areas.
20.36.060 Side yards, general.
20.36.070 Side yards, projections.
20.36.080 Side yard exceptions, residential districts.
20.36.090 Rear yards, projections.
20.36.100 Rear yard exceptions, residential districts.
20.36.110 Irregular-shaped lots.
20.36.120 Site area exception, residential zoning districts.
20.36.140 Detached accessory building.
20.36.150 Commercial coach, mobile/manufactured home and recreational vehicle—Parking restrictions.
20.36.160 Properties adjacent to city-owned watershed.
20.36.170 Tents and recreational vehicles in yards.
20.36.010 Purpose.
Provisions of this chapter are of general application to several zoning districts unless otherwise noted. It is the intent of the title to provide standards sufficient to afford continuing protection to property and yet be adaptable enough to avoid unnecessary hardship or interference with growth and natural change. Accordingly, supplementary provisions are also necessary to govern specific deviations from general rules. These special deviations are to be contrasted with the grant of a variance (Chapter 20.50) which requires discretionary action by the hearings examiner where standards cannot be completely defined. (Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 13.01, 1979)
20.36.020 Lot reduction.
No property may be so reduced in area that it would be in violation of minimum lot size, yard provisions, lot coverage, off-street parking or any other requirements of the zoning district or use. (Ord. 987 § 13.02, 1979)
20.36.030 Front yards, general.
Where any front yard is required, no building shall be hereafter erected or altered so that any portion thereof shall be nearer the front property line than the distance indicated by the depth of the required front yard. (Ord. 987 § 13.03, 1979)
20.36.040 Front yards, projections.
Steps, terraces, platforms, porches and similar projections having no roof covering and being not over forty-two inches high, may be built within a front yard, but in no case shall such projection cause a front yard to be less than ten feet from the face of the projection to the front property line. (Ord. 987 § 13.04, 1979)
20.36.050 Front yards, semi-built-up areas.
After the effective date of the ordinance codified in this chapter, when forty percent or more, on a front-foot basis, of all the property on one side of a street between two intersecting streets has been built up with buildings having a minimum front yard of more or less depth than that established by this title; and provided, that the majority of such front yards do not vary more than six feet in depth, no building shall be built within, or shall any portion, save as above excepted, project into such minimum front yard; provided further, that no new buildings be required to set back more than thirty-five feet (or as otherwise provided) from the property line in the residential zoning districts nor more than two feet farther than any building on an adjoining lot and that this regulation shall not be interpreted as to reduce a required front yard to less than ten feet in depth. (Ord. 987 § 13.05, 1979)
20.36.060 Side yards, general.
Where any specified side yard is required, no building shall be hereafter erected or altered so that any portion thereof shall be nearer to the side lot line than the distance indicated by the width of the required side yard. (Ord. 987 § 13.06, 1979)
20.36.070 Side yards, projections.
Eaves, cornices, chimneys and similar projections may extend over the required side yard for a distance of not more than two feet. (Ord. 987 § 13.07, 1979)
20.36.080 Side yard exceptions, residential districts.
A. Lots of record held under separate and distinct ownership prior to the taking effect of city Ordinance No. 421-24 and County Comprehensive Plan adopted by the board of county commissioners on November 21, 1960, provided such lot: (1) has a width of less than forty feet, and (2) was originally acquired in its present form and size prior to passage of the ordinance codified in this chapter, shall have a side yard on each side of not less than three feet.
B. Lots more than forty feet wide, but of less width than the minimum required by ordinance, shall have a side yard consistent with the zoning district, but in no case less than five feet. (Ord. 987 § 13.08, 1979)
20.36.090 Rear yards, projections.
Eaves, cornices, steps, platforms, rear porches and similar projections, whether enclosed or not, but not exceeding in width one-half that of the building nor more than one story in height, may extend into the required rear yard not more than twenty percent. (Ord. 987 § 13.09, 1979)
20.36.100 Rear yard exceptions, residential districts.
On lots of record held under separate and distinct ownership prior to the taking effect of Ordinance No. 421-24, the depth of rear yards may be reduced to not less than ten feet; provided, that such is necessary only to the extent needed to permit a building depth of thirty feet. (Ord. 987 § 13.10, 1979)
20.36.110 Irregular-shaped lots.
On irregular-shaped lots, the average distance from the building line to the lot line shall be no less than the minimum yard provision; provided, however, that no part of the structure shall be located so that one-half the minimum yard provisions occurs at any point along such averaged alignment. (Ord. 987 § 13.11, 1979)
20.36.120 Site area exception, residential zoning districts.
Where ownership of a lot of record is restricted to a tract containing a lesser area than is required by this title, provided such property was originally acquired in such form and size prior to the date of city Ordinance No. 421-24, or Mason County Comprehensive Plan adopted by the Board of County Commissioners on November 21, 1960, the lot coverage requirements may be varied to a lesser and reasonable requirement by the hearings examiner. (Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 913.12, 1979)
20.36.130 Fences and hedges.
A. Fences not over forty-two inches above the crown of street in height may occupy a required front yard. Fences erected back of the required front yard and flanking street side yard lines shall not exceed six feet in height.
B. A fence permit shall be required for any fence constructed within ten feet of any street right-of-way or access easement or within thirty feet of any corner. Height shall be measured from the top of the fence to the lowest original grade.
C. A fence permit shall be required for any fence constructed within a critical area or its buffer.
D. Hedges within the front and flanking street yard lines shall have a mature height of not over forty-two inches. (Ord. 1595-0503 § 1 (part), 2003: Ord. 987 § 13.13, 1979)
20.36.140 Detached accessory building.
An accessory building shall not exceed one story nor twenty feet in height and shall be located as follows:
A. A detached accessory building shall maintain the following minimum setbacks from lot lines:
1. Ten feet from any front lot line;
2. Seven feet from any street side lot;
3. Five feet from any interior side or rear lot line; and
4. Two feet from any rear lot line that abuts a platted alley.
B. A detached accessory building shall not occupy more than thirty percent of the area of a required yard; provided, that any total required open space area for the lot is not exceeded.
C. When any portion of an accessory building is attached to the main building, it shall not be nearer to the front, side or rear lot line than the distance indicated for the width of the required front, side or rear yards for the zone in which the property is located. (Ord. 1595-0503 § 1 (part), 2003: Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 13.14, 1979)
20.36.150 Commercial coach, mobile/manufactured home and recreational vehicle—Parking restrictions.
It shall be unlawful to park any commercial coach, mobile/manufactured home or recreational vehicle, or use or occupy the same on any street, alley or other public right-of-way or public property, lot or tract of ground except as may be permitted in this title and Title 18 of this code; provided, that:
A. Legally parked and licensed recreational vehicles may be parked on any street or alley for a period not to exceed twenty-four hours;
B. Occupied recreational vehicles may be parked on the premises of an occupied dwelling with the permission of the lawful occupant thereof for a period not to exceed fifteen days; provided, that such an occupancy does not create a public health hazard or nuisance.
C. Unoccupied recreational vehicles may be parked on the premises of an occupied dwelling; provided, they are under the control of the lawful occupant thereof and do not create a public health hazard or nuisance.
D. Nothing in this section shall preclude the city from allowing, under special and unusual circumstances, the temporary placement of any commercial coach, mobile/manufactured home or recreational vehicle on any street, alley, or other public right-of-way or public property, private lot or tract of ground when such placement will not in the opinion of the city create a health hazard or nuisance; nor shall it preclude any commercial coach, mobile/manufactured home or recreational vehicle from an approved sales lot, public storage, approved for such storage, or any zoning district, allowing same. (Ord. 1353-892 § 2, 1992)
20.36.160 Properties adjacent to city-owned watershed.
All properties with common boundary with the city-owned watershed protection area in Section 7 of Township 20 North Range 3 West that are eligible shall be subject to the provisions of the planned unit development chapter of the zone code, Chapter 20.32 SMC. The open space thus required will be located adjacent to the watershed property unless it can be shown that the goals of watershed protection and open space preservation can be fulfilled by locating it elsewhere. (Ord. 1452-996 § 10, 1996)
20.36.170 Tents and recreational vehicles in yards.
A. Accommodating two individuals or up to five extended family members within tents or RVs is allowed outright when the following conditions are met:
1. The host resides on the property.
2. The total number of hosted individuals is limited to five.
3. The hosted persons are housed inside a tent or RV that is within the rear or side yard and screened from the neighboring properties. Such screening must meet the screening requirements of Section 20.40.040(E)(1).
4. The hosted persons must have access to kitchen facilities, located within an RV or the primary residence.
5. The hosted persons must have access to garbage and recycling facilities, and an indoor restroom which includes shower facilities.
6. If a host rents the property, the host must secure written permission from the property owner to accommodate extended family members on the property.
B. Controlled fires are limited to the rear yard and must be in compliance with all regulations regarding open burning including burn bans. No open flames are permitted inside of tents. (Ord. 1872-0715 § 2, 2015)