Chapter 19.23
RESIDENTIAL ZONE
Sections:
19.23.040 Size and construction standards.
19.23.060 Dwellings occupied by handicapped individuals or groups.
19.23.010 Purpose.
The purpose of the residential zone is to provide for a range of residential development that enhances the friendly, quiet atmosphere of the community. [Ord. 768 § 3, 2016; Ord. 517 § 7, 1997; Ord. 282 § 3, 1983.]
19.23.020 Permitted uses.
The uses permitted within the residential zone as a matter of right are as follows:
A. Single-family dwellings, including site-built, manufactured and modular homes, limited to one single-family dwelling per lot of record unless otherwise permitted as a conditional use.
B. Parks and playgrounds.
C. Public uses. [Ord. 768 § 4, 2016; Ord. 605 § 1, 2003; Ord. 402 § 1, 1990; Ord. 282 § 3, 1983.]
19.23.025 Accessory uses.
The accessory uses permitted within the residential zone are as follows:
A. Structures or uses that are accessory to a primary permitted or conditional use.
B. Private garages or carports.
C. Outdoor patios or fireplaces.
D. Satellite dishes or antennas.
E. Outdoor storage containers where consistent with Chapter 19.51 EMC. [Ord. 768 § 5, 2016.]
19.23.030 Conditional uses.
The following conditional uses may be permitted within the residential zone by the City Council upon application and in accordance with Chapter 19.11 EMC:
A. Duplexes, limited to one duplex per lot of record.
B. Churches.
C. Barber and beauty shops.
D. Dance, music, voice and art studios.
E. Woodworking in enclosed buildings.
F. Home occupations, as further provided in EMC 19.23.050.
G. Bed and breakfasts, as further provided in EMC 19.27.050.
H. Daycare centers, adult daycare and adult family homes.
I. Accessory dwelling unit, attached to a single-family dwelling, situated on a lot of record containing a minimum of 8,500 square feet of lot area, having exterior materials and appearance substantially matching the primary dwelling, and subject to all other City requirements, including but not limited to off-street parking requirements and utility connection charges as determined by the City Council.
J. Two attached, single-family dwellings (zero lot line) where each unit is situated on a separate lot of record.
K. Any use similar in nature and effect to a permitted use or a conditional use. [Ord. 847 § 3, 2023; Ord. 768 § 6, 2016; Ord. 605 § 2, 2003; Ord. 517 § 8, 1997; Ord. 402 § 2, 1990; Ord. 282 § 3, 1983.]
19.23.035 Prohibited uses.
The prohibited uses in the residential zone are as follows:
A. All other uses. [Ord. 768 § 7, 2016.]
19.23.040 Size and construction standards.
The following size and construction standards shall be applicable to uses within the residential zone:
A. Minimum Lot Size.
1. Single-family residence: 8,500 square feet.
2. Duplexes and single-family residences with an attached accessory dwelling unit: 8,500 square feet.
3. Single-family residence in the residential-7500 subzone: 7,500 square feet where approved pursuant to EMC 18.16.027.
4. Attached, single-family dwellings (zero lot line): 4,250 square feet.
5. Other permitted or conditional uses: as determined by City Council.
B. Minimum Lot Width. Fifty-five feet; provided, that the minimum lot width for zero lot line lots shall be 30 feet.
C. Maximum Building Height. The maximum building height in a residential zone is 28 feet.
D. Setbacks.
1. Primary Building.
a. Front yard: 20 feet.
b. Rear yard: 15 feet.
c. Side yard: 5 feet.
2. Accessory Building.
a. Front yard: 20 feet.
b. Rear yard: 5 feet.
c. Side yard: 5 feet.
3. Corner Lots. Lot owner may choose which street frontage shall be the front yard; side street yard setback shall be 15 feet.
E. Maximum Lot Coverage. The square footage of the building area of all structures shall not exceed 45 percent of the total lot area. [Ord. 847 § 4, 2023; Ord. 804 § 2, 2019; Ord. 768 § 8, 2016; Ord. 605 § 3, 2003; Ord. 517 § 9, 1997; Ord. 439 § 3, 1992; Ord. 402 § 3, 1990; Ord. 387 § 1, 1989; Ord. 282 § 3, 1983.]
19.23.050 Home occupations.
Any home occupation may be allowed by conditional use permit in the residential district, subject to the following conditions:
A. The occupation may include such uses as personal business or professional services, or offices and repair shops for household items; hospitals, mortuaries, restaurants, stables or kennels are prohibited.
B. If the occupation is of a type in which classes are held or instruction given, the City Council shall specify the maximum number of concurrent students allowed and the number of required off-street parking spaces required, notwithstanding the provisions of Chapter 19.39 EMC.
C. The occupation shall be carried on entirely within a residence or accessory structure by the occupant thereof. Except as required by the City, there shall be no exterior modification of the buildings in order to accommodate the occupation, nor shall there be any outward manifestation of the occupation. The primary use of the premises shall be residential and at no time shall the home occupation exceed 20 percent of the gross floor area of the residence.
D. No more than one assistant or employee, in addition to the owner or operator, may engage in the occupation on the premises. One off-street parking space shall be provided for the use of any such employee. If the occupation requires that customers or clients visit the premises, the City Council shall determine the amount and location of any additional off-street parking it requires, all notwithstanding the provisions of Chapter 19.23 EMC.
E. Once a conditional use permit has been issued, it shall not be transferable to another person nor to a location other than that stated on the permit; nor shall the specified conditions be changed in any manner except by action of the City Council.
F. A flat, unlighted sign, flush against the building, is allowed. Such sign shall not exceed two square feet in area nor shall any side exceed two linear feet. Such sign shall state only the name of the occupant and identify the home occupation.
G. No retail sales of goods in connection with the home occupation shall occur on or about the subject premises, except as specifically authorized through the approved conditional use permit.
H. Whenever the Mayor or the Chief Law Enforcement Officer of the City has reason to believe that any person who has been granted a home occupation permit is not complying with any conditions or restrictions imposed upon the home occupation by this code or by the City Council, the Mayor or Chief Law Enforcement Officer of the City may request such person to appear before the City Council for a review of the person’s permit. If, upon review, the City Council finds that any of the conditions or restrictions imposed by this code or by the City Council have not been complied with, the City Council may take such action as it deems necessary to remedy the noncompliance, including but not limited to a suspension or a revocation of the permit in question.
I. The following residence-based home occupation activities require no conditional use permit application and are exempt from all other requirements of this section:
1. Garage sales not requiring a business license under Chapter 5.02 EMC.
2. Sale of fruits, vegetables, plants, flowers or other agricultural, horticultural or handcrafted products grown or produced on the property not to exceed 12 weeks per calendar year.
3. Non-impact residential in-home occupations defined as those without any employees, customer/client/patient visits, a sign, or more than once per week freight/courier pickup or deliveries.
Any applicant aggrieved by an administrative determination regarding his or her eligibility for the exemption provided by this subsection may, within 30 days of such ruling, appeal to the City Council for a ruling on the matter, which ruling shall be conclusive. [Ord. 768 § 9, 2016; Ord. 605 § 4, 2003; Ord. 517 § 10, 1997; Ord. 282 § 3, 1983.]
19.23.060 Dwellings occupied by handicapped individuals or groups.
Residential dwellings occupied by handicapped individuals or groups shall be regulated in the same manner as dwellings occupied by families, unrelated groups and non-handicapped individuals. [Ord. 768 § 10, 2016.]