Chapter 14.36
UR URBAN RESTRICTED ZONE*

Sections:

14.36.010    Established.

14.36.020    Purpose.

14.36.025    Permitted primary uses.

14.36.030    Permitted secondary uses.

14.36.035    Conditional uses.

14.36.040    Bulk regulations.

*    Prior ordinance history:  Ordinance 202.

14.36.010 Established.

A residential UR zone is established and applied to the land designated as urban restricted on the Woodway 2004 Comprehensive Plan Land Use Map.  The UR zone is also applied to the land designated as urban restricted on the Woodway Municipal Urban Growth Area (MUGA) Subarea Land Use Map, which will become effective upon annexation to the Town pursuant to Chapter 35A.14 RCW.  The land uses and standards for this zone are stated in this chapter.  (Ord. 13-549 § 1 (Exh. C.2 (part)), 2013:  Ord. 99-370 § 1(c)(part), 1999)

14.36.020 Purpose.

The primary purpose of the UR zone district is to implement the urban residential policies of the comprehensive plan and to preserve and conserve wildlife habitat, including wildlife corridors, open space, green belt areas, and other sensitive and critical natural resources, on a site while allowing residential development on portions of a site when that development is consistent with the above stated values and adheres to bulk regulations in Section 14.36.040.  (Ord. 13-549 § 1 (Exh. C.2 (part)), 2013:  Ord. 99-370 § 1(c)(part), 1999)

14.36.025 Permitted primary uses.

Permitted primary uses are limited to (A) detached single-family residential use to the extent not inconsistent with the preservation and conservation of wildlife habitat, including wildlife corridors, open space, green belt areas, and other sensitive and critical natural resources on site; (B) planting and cultivation, reforestation of trees, grass and other vegetation compatible with the maintenance of the area in its natural condition as well as to improve the overall wildlife habitat; (C) fences and other enclosures as appropriate to protect the general public from hazards of the terrain, to protect encompassed natural resources, and to reduce the potential for conflict between native species and domestic animals; and (D) stormwater detention/retention and water quality pond structures and facilities.  (Ord. 13-549 § 1 (Exh. C.2 (part)), 2013: Ord. 99-370 § 1(c)(part), 1999)

14.36.030 Permitted secondary uses.

The secondary land uses associated with a residential use permitted in the UR zone are as follows:

A.    All uses regularly permitted in the conservation zone.

B.    One swimming pool and related equipment appertaining to its operation is allowed according to the following regulations:

1.    Swimming pools, including any deck around the same, shall conform to established setback regulations for R-14.5 zoning.

2.    Pools shall be enclosed by fencing conforming to Appendix G of the International Residential Code.

3.    Pool lighting shall consist of aboveground lighting to ensure adequate illumination of the pool itself and all adjoining decks and aprons, provided it conforms with subsection D of this section.

4.    The fees for the application for a permit to construct a swimming pool shall be as established by the Town’s fee schedule ordinance (Chapter 3.32 of this code) in effect at the time the application is submitted.

5.    Swimming pools and hot tubs should be drained into the sanitary sewer system where sewers are available according to the standards set forth by the Town.  Where sewers are not available, pools must be drained either as arranged for when obtaining the pool permit or as specified at the time of draining, by the Town.  However, in any case, no pool water shall be drained until first contacting the Town.

C.    One game court shall be allowed provided the area of the court surface does not exceed seven thousand two hundred square feet.  Fences surrounding game courts shall not exceed twelve feet in height.  Game courts, including fencing, shall comply with setback regulations for R-14.5 zoning which consist of thirty-foot front, twenty-foot back and ten-foot side.  No court lighting shall be allowed.  The fees for the application of a permit to construct a game court shall be as established by the Town’s fee schedule ordinance (Chapter 3.32 of this code) in effect at the time the application is submitted.

D.    Outdoor lighting is permitted as follows except where otherwise prohibited by this title.

1.    Exterior yard lights and exterior building lights are permitted and the light sources shall be hooded or shielded so the lamp is not visible from adjacent properties or public rights-of-way.

2.    Lighting installed by Town government or installed as a result of agreement among the residents affected is permitted subject to the limitations contained within this section.

3.    No outdoor lighting shall be installed in the Town right-of-way without permission from the Town.

E.    Outdoor antennas for radio, television and other communications for individual homes are permitted but only if in harmony with the surrounding structures and with the residential character of the Town, and are installed such that their visibility from any adjacent public street or adjacent property is minimized.

F.    One detached garage is allowed and must meet the bulk regulations.

G.    One greenhouse is permitted and must meet bulk regulations.

H.    Fences are permitted subject to the following regulations:

1.    Perimeter, property line, and interior fences shall not exceed six feet in height.

2.    Perimeter and property line walls shall not exceed four feet in height.  A railing or open fencing not exceeding two feet in height is permitted on top of a wall.

3.    In the event that a fence is finished on only one side, the finished side of the fence shall face away from the property being fenced.

4.    The height of the fence as hereinabove described shall be determined by the measurement between the top board, surface, rail or wire to the ground directly below said fence.  A ground level may be built up under said fence level to the nearest elevation of paved pathway or street in the Town right-of-way which fronts said fence.  In this situation, the height of the fence shall be measured from the top of that built-up ground level fill.  Otherwise, no ground level shall be built up on which to build a perimeter or property line fence unless the total height of the built-up ground level plus the fence does not exceed the maximum height allowable, excluding any leveling of filled areas of three feet or less in length or width which serve to level the top line of the fence.

5.    No portion of a fence or wall is permitted if it obstructs the traffic line of sight distance at road or street intersections.

6.    No fence shall extend beyond the front, side or rear property lines of any lot or plot of land.

7.    For fences or walls on or near a property line, the determination of the location of property lines shall be the responsibility of the property owner(s) building the fence.  The Town Building Official may require the property owner to provide a certified boundary survey (at the owner’s expense) to verify that the fence or wall is located in accordance with the so approved plans.

8.    Interior Fences.

a.    Swimming Pool Fences.  Swimming pools shall be enclosed by fencing conforming to Appendix G of the International Residential Code.

b.    Game Court Fences.  Fences surrounding game courts shall not exceed twelve feet in height.  Such fencing may be solid construction on the lower six feet but must be open weave material for the upper six feet.  Fencing shall comply with setback regulations for R-14.5 zoning which consist of thirty feet in the front, twenty feet rear and ten feet side.

9.    A building permit is required for the construction of any new fence or wall so described in this subsection.

10.    Repair of an existing fence or wall which conforms to this subsection does not require a building permit.  Any modification of an existing fence or wall that changes its location, height, materials or character will be considered a "new fence" and will require a building permit.

11.    No barbed, concertina or razor wire shall be permitted in construction or repair of a fence or wall, except for perimeter or property line fencing in the industrial product storage, conservation, special study areas zones and public utilities and for reasons of public safety as approved by the Town Building Official.

12.    Gates, gate posts or gate columns shall be no higher than one and one-half times the adjoining fence or wall height.  There shall be no more than two double gates on any street frontage.  No gate shall swing open into the Town right-of-way.  For R-14.5 zoning, gates, gate posts or columns, including caps, shall not exceed twenty inches in width or thickness.

13.    A building permit is required for the construction of any new perimeter and property line fence or wall so described in this subsection.

I.    Dog shelters or runs are allowed provided they are not installed within the setbacks.  Such fencing shall not exceed six feet in height.  A roof cover may not be more than eight feet above ground level.

J.    Off-street parking areas, private automobile storage and carports shall be permitted; provided, any structure meets the bulk regulations for the zoning area.

K.    A hobby shop shall be permitted as a use in any secondary building, primary residential building or yard, relating thereto; provided, that any such use of the yards shall be so screened as to be obscured from public view.

L.    Care and maintenance of household animals and small domestic animals (not including mink, fox and swine).  Retailing, wholesaling or the commercial feeding and raising of animals is prohibited.

M.    Play structures not exceeding fifteen feet in height, one hundred twenty square feet in area and not lighted are allowed, provided they are at least thirty feet from the front property line, ten feet from the side property line and twenty feet from the rear line.

Exception:  One tree house may be as high as allowed for the primary residence provided all of the following conditions are met:

1.    It is only a one-story structure; and

2.    The area below the floor of the tree house is open to a height equal to at least one-half the total height of the tree house; and

3.    The tree house is screened from adjoining properties and rights-of-way by landscaping as approved by the Building Official; and

4.    There is not a straight line of sight between the tree house and the interior of a residence on any adjoining property.

N.    One flagpole is permitted; provided, that it is no higher than thirty-five feet.

O.    Hives and houses for beneficial pollinating insects such as, but not necessarily limited to, honeybees (Apis mellifera), orchard mason bees (Osmia lignaria) and bumblebees (Apis bombus) are allowed anywhere in the UR zoning, including in the setbacks.

P.    Garden and tool storage sheds.

Q.    Arbors, trellises, decks and patios.

R.    Animal pens, enclosures or runs are allowed, provided they comply with the following:

1.    The aggregate area of all pens, enclosures and runs shall not exceed four hundred square feet;

2.    They shall be maintained in a clean and sanitary condition via frequent cleaning and the removal of animal waste from the site and shall at no times be a source of offensive odors transmitted to adjacent properties;

3.    They are not placed in a front, rear or side yard setback;

4.    The structure does not exceed eight feet in height;

5.    The size of a pen, enclosure or run holding an animal shall be large enough for the shelter and for the animal to move about in a normal manner.  (Ord. 13-549 § 1 (Exh. C.2 (part)), 2013:  Ord. 11-529 § 7, 2011:  Ord. 10-522 §§ 21--25, 2010; Ord. 08-489 §§ 7, 10, 2008; amended during 12-07 supplement; Ord. 01-412 § 1 (Exh. 1(part)), 2001; Ord. 99-370 § 1(c)(part), 1999)

14.36.035 Conditional uses.

Conditional uses permitted within this zone shall be administered consistent with the provisions of Chapter 14.48 of this code.  Conditional uses are:

A.    Public facilities including government administrative offices and operation facilities, community centers, recreation facilities, and public safety facilities.

B.    Utilities installations (not including sewer, water, and stormwater facilities, and telecommunications and energy distribution lines).

C.    Wireless communications facilities as provided in Section 14.46.110(A)(3).

D.    Family day care provider.  (Ord. 15-564 § 1 (Exh. A (part)), 2015; Ord. 13-549 § 1 (Exh. C.2 (part)), 2013:  Ord. 10-520 § 1 (Exh. B (part)), 2010)

14.36.040 Bulk regulations.

A.    The permitted uses allowed in the UR zone shall be applied to the Woodway Highlands neighborhood in compliance with the following:

1.    Minimum lot size is eight thousand four hundred square feet;

2.    Maximum height of residential structures is thirty-five feet;

3.    Setbacks--Lots Less Than Fourteen Thousand Five Hundred Twenty Square Feet.  Front yard, twenty-five feet; rear yard, twenty feet; and side yard, a total of fifteen feet, with the minimum side yard being five feet;

4.    Setbacks--Lots Greater Than or Equal to Fourteen Thousand Five Hundred Twenty Square Feet.  Front yard, thirty feet; rear yard, twenty feet; and side yard, ten feet;

5.    Lot Coverage.  The total footprint of the primary residence and all other structures may not exceed an amount equal to thirty percent of the area of the subject lot.

B.    The permitted uses allowed in the UR zone shall be applied to the Upper Bluff neighborhood in compliance with the following land use and environmental restrictions:

1.    Land Use.

a.    Minimum lot size is seven thousand square feet;

b.    Maximum number of lots shall not exceed thirty-six;

c.    Lot configuration shall enable a fifty-foot diameter circle to fit within defined lot boundaries;

d.    Maximum building height shall not exceed twenty-five feet and shall be measured in accordance with the following options:

i.    As provided for in Section 14.08.020; or

ii.    The vertical distance measured from the mid-point of the top of the curb fronting individual building lots to the highest elevation point of the roof or parapet wall; or

iii.    The vertical distance from the average final grade to the highest point of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.  Calculation of the average final grade shall be made by drawing the smallest rectangle possible that encompasses the entire building footprint and averaging the elevations at the midpoint of each side of the rectangle.  Fill shall not be used to raise the average final grade more than five feet above the original grade for any dwelling located within fifty feet of residential properties that are outside of the UR zone.

e.    Setbacks.  Front yard, twenty-five feet; rear yard, five feet; and side yard, five feet;

f.    Lot Coverage.  The total footprint of the primary residence and all other structures may not exceed an amount equal to thirty-five percent of the area of the subject lot.

2.    Environmental.

a.    Standard buffer widths set forth in Sections 16.10.310 and 16.10.410 for class III and IV wetland and streams may be reduced up to fifteen percent if the aquatic critical area and buffer are placed in a separate tract.

b.    Standard buffer widths set forth in Sections 16.10.310 and 16.10.410 for class III and IV wetland and streams may be reduced up to fifteen percent if the aquatic critical area and buffer are enclosed with fencing approved by the Town.

c.    In no case shall the total buffer width reduction provided by this section exceed twenty-five percent.  (Ord. 15-567 § 1, 2015:  Ord. 13-549 § 1 (Exh. C.2 (part)), 2013:  Ord. 01-412 § 1 (Exh. 1 (part)), 2001; Ord. 99-370 § 1(c)(part), 1999)