Chapter 18.22
RESIDENTIAL DEVELOPMENT STANDARDS*
Sections:
18.22.010 Home occupations.
18.22.020 Fences or hedges.
18.22.030 Bed and breakfast houses.
18.22.040 Churches, hospitals, schools and meeting halls.
18.22.050 Public utility facilities.
18.22.060 Raising and grazing of livestock, small animals, and poultry.
18.22.070 Boathouses.
18.22.080 Yard projections.
18.22.090 Accessory dwelling units.
18.22.100 Off-street parking and loading requirements.
18.22.120 Wireless communications facilities.
*Prior legislation: Ord. No. 515. Formerly Chapter 18.24 BLMC.
18.22.010 Home occupations.
The following requirements apply to all home occupations hereafter established in a residential zone:
A. On-premises retail sale of goods not produced, processed or fabricated in the dwelling unit shall not be permitted, except:
1. Mail order sales;
2. Telephone sales with off-site delivery;
3. Nonprofit organizations sponsoring fundraising sales.
B. Home occupations involving the following activities shall be prohibited in residential zones:
1. Auto, watercraft, aircraft and heavy equipment engine repair over 10 horsepower;
2. Auto, watercraft, aircraft and heavy equipment body work or painting;
3. Parking or storage of heavy equipment;
4. Storage of building materials for use off-site;
5. Fabrication or repairing of items that can not be physically carried by an average sized person.
C. No display may be seen from outside the premises.
D. No materials, products or equipment may be stored outside a building or other structure.
E. No sign may be displayed except as permitted in BLMC 15.28.100.
F. No structural alteration may be made which are not customary in residential buildings.
G. No offensive noise, smoke, dust, vibrations, heat, humidity, glare, or other objectionable matter may be produced. Home occupations shall not be visible or audible from any point on the property line.
H. No more than 25 percent of the total floor area, or 500 square feet of floor area, whichever is less, may be devoted to said home occupation.
I. No one not residing on the premises may be employed in said home occupation.
J. A business license must be obtained from the city. (Ord. 1112 § 1, 2005; Ord. 740 § 8, 1997).
18.22.020 Fences or hedges.
A. Fences shall not exceed six feet in height, shall not be roofed or be part of a building within the required setback areas.
B. Fences shall not exceed four feet in front yard setback.
C. No barbed wire or electric fence shall be permitted on or immediately adjacent to a boundary line.
D. Hedges on property lines shall be trimmed to conform to fencing requirements.
E. Fences and vegetation shall not violate BLMC 16.14.140 regarding “vision clearance triangles.”
F. Fences built on property lines or so close to property lines as to require trespass on adjoining land for maintenance shall require written approval by the neighboring property owner before such fence is constructed. (Ord. 1230 § 1, 2007; Ord. 740 § 8, 1997).
18.22.030 Bed and breakfast houses.
The following requirements apply to all bed and breakfast houses hereafter established as a permitted or accessory use in a residential zone:
A. The bed and breakfast house shall be conducted in such a manner as to give no outward appearance nor manifest any characteristics of a business, in the ordinary meaning of the term, that would infringe upon the right of the neighboring residents to enjoy a peaceful occupancy of their homes. The guest establishment shall be operated within the principal structure and not in any accessory structure.
B. The owner shall be the operator of the facility and shall reside on the premises.
C. There shall be no more than five guest rooms for persons other than the members of the immediate family of the operator. (Ord. 740 § 8, 1997).
18.22.040 Churches, hospitals, schools and meeting halls.
The following requirements apply to all churches, hospitals, schools and public or private meeting halls and lodge buildings hereafter established as a permitted use in a residential zone:
A. All buildings and structures on the site shall have a floor area ratio of no more than 35 percent of the area of the site.
B. Buildings and structures (except fences) are not closer than 30 feet to a common property line with a lot in a residential district.
C. Off-street parking on side yards is permissible; provided, that a view obstructing fence or hedge at least five feet high is placed between the parking area and any residential lot. (Ord. 740 § 8, 1997).
18.22.050 Public utility facilities.
The following requirements apply to all public utility uses hereafter established as a permitted or accessory use in a residential zone:
A. The facilities relate directly to the distribution of services and do not include offices, warehouses, storage or service yards or similar use.
B. The site shall be landscaped consistent with the surrounding residential area.
C. Fences or hedges placed on property lines or so close thereto so as to require entry onto adjoining property for maintenance shall require written approval by the affected property owner, said approval to be filed with the city engineer. (Ord. 740 § 8, 1997).
18.22.060 Raising and grazing of livestock, small animals, and poultry.
Animals must be kept in such a manner that meet all of the following minimum standards so that a nuisance is not created that would impact adjacent property owners.
A. Stables or pasture for horses and other livestock shall be placed on a lot no less than one acre and there shall be no more than two livestock per acre of enclosed usable pasture area.
B. The pastoral roaming area for livestock shall be maintained no closer than 45 feet from a dwelling on an adjacent lot.
C. No structure used primarily to house or feed livestock shall be closer than 45 feet from an adjacent property line.
D. Small animals and poultry may be maintained in accordance with BLMC 6.04.130. (Ord. 740 § 8, 1997).
18.22.070 Boathouses.
A. Boathouses shall be subject to shoreline management regulations.
B. The height of a boathouse shall not exceed 10 feet. On Lake Tapps the boathouse height shall be measured from the 545-foot elevation.
C. No structure shall be located closer to a side property line than the required side yard setback and no rear setback shall be required. (Ord. 740 § 8, 1997).
18.22.080 Yard projections.
Every required front, rear and side yard shall be open and unobstructed from the ground to the sky unless otherwise provided:
A. Overhangs for roofs are permitted up to a maximum of 30 inches.
B. Open, unenclosed, unroofed decks may extend into setbacks; provided, that said decks are constructed at grade elevations, or in no event shall exceed 18 inches above grade, and not closer than five feet from a property line.
C. Fences and walls as specified in this chapter may project into front, rear and side yards. (Ord. 740 § 8, 1997).
18.22.090 Accessory dwelling units.
A. Intent. Accessory dwelling units (hereinafter referred to as “ADUs”) are intended to:
1. Provide homeowners with a means of providing companionship and security.
2. Add affordable units to the existing house supply.
3. Make housing units within the city available to moderate-income people.
4. Provide an increased choice of housing that responds to changing needs, lifestyles (e.g., young families, retired), and modern development technology.
5. Protect neighborhood stability, property values, and the single-family residential appearance by ensuring the ADUs are installed in a compatible manner under the conditions of this section.
6. Increase density in order to better utilize existing infrastructure and community resources, support public transit, neighborhood retail and commercial services.
B. Procedures. Any property owner seeking to establish an ADU in the city of Bonney Lake shall apply for an ADU permit (Type 1 permit – see Chapter 14.30 BLMC).
1. Application. A complete application shall include a properly completed application form, floor and structural plans for modification, and fees as prescribed in subsection (B)(2) of this section.
2. Fees. An applicant shall pay an application fee of $500.00. Such fee is related to the processing, inspection, notification, recording and enforcement and is in addition to any other required building permit review fees. Upon sale of the property, a new owner shall be required to register the ADU, paying a re-authorization fee of $100.00.
3. Criterion. The criterion for issuance of an ADU permit shall be in compliance with this section.
4. Memorandum of Deed Restriction (MDR). Upon issuance of the ADU permit, the property owner shall record with the Pierce County auditor a notarized MDR. Such MDR shall be in a form as specified by the director(s), and shall include as a minimum: (a) the legal description of the property which has been permitted for the ADU; (b) the registration-upon-purchase requirement contained in subsection (B)(2) of this section; (c) the requirements contained in subsection (C) of this section; (d) the requirements of BLMC 13.04.070 and 13.12.100 regarding connection charges applicable in the event the property upon which the ADU is located is sold, platted or otherwise segregated from the property upon which the primary residence is located; and (e) any restrictions imposed by the director(s) to ensure compliance with this section. The property owner shall submit proof that the MDR has been recorded prior to inspection and issuance of a certificate of occupancy by the building inspector. The MDR shall run with the land as long as the ADU is maintained on the property.
5. Inspection. After the city has (a) received a completed application and application fees, (b) approved an ADU permit, and (c) received a recorded MDR, the city shall inspect the property to confirm that the minimum and maximum size limits, required parking and design standards, and all applicable building, health, safety, energy and electrical codes are met. Satisfactory inspection of the property shall result in the issuance of a certificate of occupancy.
6. Notification. Upon a complete application being submitted, the city will post the property with a standard notice of land use application enclosing requirements for the ADU and a copy of the MDR signed by the applicant.
C. Requirements. The creation of an accessory dwelling unit shall be subject to the following requirements, which shall not be subject to waiver or variance:
1. Number. One accessory unit shall be allowed per legal building lot as a subordinate use in conjunction with any single-family residence; no ADU will be permitted in conjunction with any duplex or multiple-family dwelling units. Either the principal residence or the unit designed to become the ADU may be constructed first. If the unit designed to be the ADU is built first, it shall be considered the primary residence until a second unit is built and shall be subject to the utility connection fees provided for in BLMC 13.04.070 and 13.12.100. The second unit built shall be considered an ADU for purposes of the utility connection fee exemptions provided for in BLMC 13.04.070(C)(2)(c) and 13.12.100(C).
2. Size. The accessory unit shall not contain less than 300 square feet as part of a main residential unit, and no less than 450 square feet as part of a detached unit, and not more than 1,200 square feet, excluding any related garage and stair areas.
3. Percentage of Total Square Footage. In addition to the above size limit, the square footage of any accessory dwelling unit, attached or detached, shall not exceed 45 percent of the total square footage of the primary and accessory residences, excluding any related garage and stair areas.
4. Off-Street Parking Requirements. There shall be one on-site parking space in a carport, garage or designated improved space provided for the accessory dwelling unit in addition to that which is required for the primary residence.
5. Design. Accessory dwelling units shall be designed to maintain the appearance of the existing single-family residence. If the accessory unit extends beyond the current footprint of the principal residence, such an addition shall be compatible with the existing color, roof pitch, siding and windows. If an accessory unit is detached from the main building, it must be compatible with the existing color, roof pitch, siding and windows of the principal residence. If the ADU is attached, only one entrance to the main building will be permitted in the front of the principal residence, and a separate entrance for the accessory unit shall be located on the side or rear of the building not visible from the street.
6. Applicable Related Codes. The accessory dwelling unit shall meet all technical code standards including building, electrical, fire, plumbing and other applicable code requirements.
7. MDR. Upon issuance of an ADU permit by the city, the property owner must record with the Pierce County auditor an MDR. Specific procedures are identified in subsection (B)(4) of this section.
8. Legalization of Nonconforming ADUs. All owners of illegal ADUs shall be required to either legalize the unit or remove it. (Ord. 1221 § 5, 2007; Ord. 988 § 2, 2003; Ord. 747A § 1, 1998; Ord. 747 § 1, 1997).
18.22.100 Off-street parking and loading requirements.
The minimum off-street parking and loading requirements shall be as follows; provided, that in the DC and DM zones and in the transit-oriented development overlay, the minimum number of spaces shall be reduced by 50 percent:
A. For each single-family dwelling unit: two spaces;
B. Multiple Dwelling Units.
1. For all multiple dwelling units, whether or not one or more buildings are used, there shall be assigned two paved off-street parking spaces per individual dwelling unit located thereon;
2. The parking lot or area shall be so designed as to give ingress and egress according to the city codes and standards and prior to the issuance of a building permit for a multiple dwelling unit, a parking plan must be submitted to and approved by the planning director;
C. For every four hospital beds: one space;
D. For each nursing home bed: one space;
E. For every five seats in a church or in a public meeting hall: one space;
F. For each employee on duty in a public or private permitted use: one space;
G. For each 100 square feet of a permitted use not otherwise mentioned herein: one space;
H. For every 6,000 square feet of hospital, church or public meeting hall space, or day care facility, one off-street loading area of at least 360 square feet is required;
I. For each accessory dwelling unit, one off-street parking space in addition to the basic parking requirements for the primary dwelling unit(s). (Ord. 1155 § 13, 2005; Ord. 1137 § 5, 2005; Ord. 747 § 1, 1997; Ord. 740 § 8, 1997).
18.22.120 Wireless communications facilities.
Wireless communications facilities located in the R-1, R-2, R-3, RC-5 and C-1 zones when allowed by this chapter shall be subject to the provisions of Chapter 18.50 BLMC and all other applicable requirements.
A. Wireless communications facilities are permitted as principal or accessory uses as provided in Chapter 18.50 BLMC. (Ord. 746 § 6, 1997).