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Chapter 30.23
GENERAL DEVELOPMENT STANDARDS - BULK REGULATIONS

Sections:

30.23.010    Bulk matrices - Purpose, applicability and general provisions.

30.23.020    Minimum net density for residential development in UGAs.

30.23.030    Rural, Resource, Urban (Non-Residential) and other zone categories - Bulk matrix.

30.23.032    Urban Residential Zone categories - Bulk matrix.

30.23.040    Reference notes for SCC Tables 30.23.030 and 30.23.032.

30.23.041    Setbacks from road network elements in Urban Zones.

30.23.043    Setbacks from road network elements in Rural Zones.

30.23.045    Setbacks from road network elements in Resource Zones.

30.23.047    Setbacks from road network elements in other zones.

30.23.049    Reference notes for SCC Tables 30.23.041 through 30.23.047.

30.23.050    Height requirements, exceptions and measuring height.

30.23.060    Binding site plans (BSP).

30.23.100    Setbacks and corner lot sight clearance triangles.

30.23.110    Special setbacks for certain uses.

30.23.115    Setback exceptions for minor architectural features.

30.23.120    Front setback exceptions for new structures from existing road network elements.

30.23.125    Repealed.

30.23.130    Setback for new private road network elements from existing structures.

30.23.150    Setback exception for lots combined as a single building site.

30.23.200    Reductions to lot area.

30.23.210    Lot size averaging.

30.23.220    Minimum lot area for rural clusters in RUTAs.

30.23.230    Lot area when land is taken for public use.

30.23.235    Development on substandard lots - General.

30.23.240    Residential use of substandard lots.

30.23.250    Aggregation of lots.

30.23.260    Parcels split by UGA boundary line.

30.23.300    Building separation for single-family detached, single-family attached and duplex structures constructed in the LDMR and MR zones.

 

30.23.010 Bulk matrices - Purpose, applicability and general provisions.

(1) SCC Tables 30.23.030, 30.23.032, 30.23.041, 30.23.043, 30.23.045, and 30.23.047 constitute the bulk matrices. The bulk matrices contain the setback, lot coverage, building height, and lot dimension regulations for all zones in unincorporated Snohomish County.

(2) Additional setback, lot width and lot area requirements and exceptions are found at SCC 30.23.100 through 30.23.260 and chapters 30.34A, 30.41C, 30.41G, 30.42B and 30.67 SCC.

(3) All lots and structures shall conform to the requirements listed in the bulk matrices, SCC Tables 30.23.030, 30.23.032, 30.23.041, 30.23.043, 30.23.045, and 30.23.047, unless modified elsewhere in this title.

(4) SCC 30.23.040(41) establishes minimum lot area for the RU zone.

(5) For design reasons, the director may reduce the property line setbacks established in SCC Tables 30.23.030 and 30.23.032 by up to 25 percent for walls or structures that are 20 feet in length or less; provided, that a minimum setback of three feet is maintained.

(6) Except as otherwise provided in this title, every required setback shall be open and unobstructed from the ground to the sky except for trees and other natural vegetation, eaves, foundations and walls.

(7) A setback or the open space required around any structure or use shall not be calculated in an adjacent development’s setback or open space for a structure or use.

(8) SCC 30.23.250 establishes the setback requirements for aggregated lots.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

30.23.020 Minimum net density for residential development in UGAs.

(1) A minimum net density of four dwelling units per acre shall be required in all UGAs for:

(a) New subdivisions, short subdivisions, PRDs, and mobile home parks; and

(b) New residential development in the LDMR, MR, and Townhouse zones.

(2) Minimum net density is the density of development excluding roads, drainage detention/retention areas, biofiltration swales, areas required for public use, and critical areas and their required buffers pursuant to chapters 30.62A and 30.62B SCC.

(3) Minimum net density is determined by rounding up to the next whole unit or lot when a fraction of a unit or lot is 0.5 or greater.

(4) For new subdivisions and short subdivisions, the minimum lot size of the underlying zone may be reduced as necessary to allow a lot yield that meets the minimum density requirement. Each lot shall be at least 6,000 square feet, except as otherwise allowed by this title.

(5) The minimum net density requirement of this section shall not apply:

(a) In the Darrington, Index, and Gold Bar UGAs; and

(b) Where regulations on development of steep slopes, SCC 30.41A.250, or sewerage regulations, SCC 30.29.100, require a lesser density.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007).

30.23.030 Rural, Resource, Urban (Non-Residential) and other zone categories - Bulk matrix.

Table 30.23.030 

RURAL, RESOURCE, URBAN (NON-RESIDENTIAL) AND OTHER ZONE CATEGORIES BULK MATRIX
 

 

Lot Dimension (ft)54

Setback Requirements From: (ft)11

Category

Zone

Max. Bldg. Height (ft)27

Min. Lot Area22, 29

Min. Lot Width

Min. Corner Lot Width

Commercial and Industrial Zones

Residential, Multifamily, and Rural Zones33

Resource Lands33

Water Bodies12

Max. Lot Coverage8

Ag20

Forest21

Resource

MC31

 

10 ac32

 

 

 

100

 

 

 

 

F38

456

20 ac3

300

300

10013

10013

50

10030

2513

35%

F&R38, 39

307

200,000 sf2, 23

100

100

5

5

50

10030

25

35%

A-1037, 40, 52

45

10 ac

none

none

5

5

50

10030

25

none

Rural

RRT-10

45

10 ac

225

225

5

5

50

10030

25

35%

R-537, 38, 39, 40, 46

45

200,000 sf2, 24

16524

16524

5

5

50

10030

25

35%

RD38

45

200,000

165

165

5

5

50

10030

25

35%

RB

35

none

none

none

none

50

50

100

none

35%

CRC

3543

none

none

none

none

25

50

100

none

50%44 30%45

RFS

35

none

none

none

none

50

50

100

none

35%

RI

50

none

none

none

none

100

100

100

none

35%

Other

SA-137, 39

35

1 ac/43,560 sf

150

150

5

5

50

100

25

35%

RC37, 38, 39, 40

35

100,000 sf24

16524

16524

5

5

50

10030

25

35%

RU37, 39

35

41

60

65

5

5

50

100

25

35%

R 20,00037, 39

25

20,000 sf

85

90

5

5

50

100

25

35%

R12,50040

30

12,500 sf

75

80

5

5

50

100

25

35%

WFB

30

7,200 sf23

60

65

5

5

50

100

25

35%

 

Table 30.23.030 

RURAL, RESOURCE, URBAN (NON-RESIDENTIAL) AND OTHER ZONE CATEGORIES BULK MATRIX
 

 

Lot Dimension (ft)54

Setback Requirements From: (ft)11

Category

Zone

Max. Bldg. Height (ft)27

Min. Lot Area29

Min. Lot Width

Min. Corner Lot Width

Commercial and Industrial Zones11, 33

Residential, Multiple Family, and Rural Zones11, 33

Resource Lands33

Water Bodies12

Max. Lot Coverage8

Ag20

Forest21

Urban (Non-Residential)

FS

35

none

none

none

5/1516

25

none

100

none

none

NB1

40

none

none

none

none

10

none

100

none

65%

PCB1

40

none19

none

none

none

25

none

100

none

none

CB1

35

none

none

none

none

10

none

100

none

50%

GC1

45

none

none

none

none

10

none

100

none

50%

IP

65

none

none

none

none17

2517

none

100

none

50%

BP1

50

none19

none

none

none

25

none

100

none

35%

LI

50

none

none

none

none

50

none

100

none

none

HI

65

none

none

none

none

50

none

100

none

none

UC63

90

none

none

none

none

See SCC 30.34A.040(2)

none

100

none

none

Notes:

See SCC 30.23.040 for reference notes listed in Table 30.23.030.

(Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

30.23.032 Urban Residential Zone categories - Bulk matrix.

Table 30.23.032

URBAN RESIDENTIAL ZONES BULK MATRIX
 

 

Zone

Lot Dimension (feet)54

Minimum Setback Requirements From (feet)11, 33

Max. Lot Coverage8

Min. Lot Area29 (sq. ft.)

Min. Lot Width

Max. Bldg. Height27

Side and Rear Lot Lines Adjacent to:

Resource Lands

Seismic Hazards

Commercial & Industrial zones

R-9,600, R‑8,400 & R-7,200

Other Urban Residential zones

Rural zones

Ag

Forest

Urban Residential

R-9,600

9,60023

70

30

10

5

5

5

See SCC 30.32B.130

See SCC 30.32A.110

See chapters 30.51A and 30.62B SCC

35%

R-8,400

8,40023

65

30

10

5

5

5

35%

R-7,200

7,20023

60

30

10

5

5

5

35%

T (buildings 20 feet high)59

See SCC 30.31E.050

35

10

10

5

25

See SCC 30.31E.050

15

20

10

T (buildings > 20 feet high)59

LDMR (buildings 20 feet high)15, 59, 61, 62

7,2004

60

45

10

10

5

25

30%

LDMR (buildings 20 - 30 feet high)15, 59, 61, 62

10

20

10

LDMR (buildings > 30 feet high)15, 59, 61, 62

15

25

15

MR (buildings 20 feet high)15, 59, 61, 62

7,2005

60

45

10

10

5

25

40%

 

MR (buildings 20 - 30 feet high)15, 59, 61, 62

10

20

10

 

MR (buildings > 30 feet high)15, 59, 61, 62

15

25

15

 

MHP

55

None

25

See SCC 30.41E.100(5)(a)

50%

Notes:

See SCC 30.23.040 for reference notes listed in Table 30.23.032.

(Added by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013)

30.23.040 Reference notes for SCC Tables 30.23.030 and 30.23.032.

(1) MR bulk requirements shall apply for all residential development permitted in urban commercial zones.

(2) When subdivisionally described, the minimum lot area shall be 1/128th of a section.

(3) When subdivisionally described, the minimum lot area shall be 1/32nd of a section.

(4) In the LDMR zone, the maximum density shall be calculated based on 4,000 square feet of land per dwelling unit.

(5) In the MR zone, the maximum density shall be calculated based on 2,000 square feet of land per dwelling unit.

(6) Commercial forestry structures shall not exceed 65 feet in height.

(7) Non-residential structures shall not exceed 45 feet in height.

(8) Lot coverage includes all buildings on the given lot.

(9) RESERVED for future use.

(10) RESERVED for future use.

(11) These setbacks shall be measured from the property line.

(12) Greater setbacks than those listed may apply to areas subject to Shoreline Management Program jurisdiction or critical areas regulations in chapter 30.62A, 30.62B, 30.62C and 30.67 SCC. Some uses have special setbacks identified in SCC 30.23.110.

(13) The listed setbacks apply where the adjacent property is zoned F. In all other cases, setbacks are the same as in the R-8,400 zone. In the F zone, the setbacks for residential structures on 10 acres or less which were legally created prior to being zoned to F shall be the same as in the R-8,400 zone.

(14) RESERVED for future use.

(15) See SCC 30.23.300.

(16) In the FS zone, the setback from non-residential property shall be five feet for side setbacks and 15 feet for rear setbacks.

(17) In the IP zone there shall be an additional one foot setback for every one foot of building height over 45 feet.

(18) RESERVED for future use.

(19) See SCC 30.31A.020(1) and (2) which specify the minimum area of a tract of land necessary for PCB or BP zoning.

(20) See additional setback provisions for dwellings located along the boundaries of designated farmland contained in SCC 30.32B.130.

(21) See additional setback provisions for structures located adjacent to forest lands, and/or on lands designated local forest or commercial forest contained in SCC 30.32A.110.

(22) The minimum lot size for properties designated Rural Residential (RR)--10 (Resource Transition) on the comprehensive plan shall be 10 acres.

(23) Minimum lot area requirements may be modified within UGAs in accordance with SCC 30.23.020.

(24) In rural cluster subdivisions approved in accordance with the provisions of chapter 30.41C SCC, the minimum lot area shall be as provided in SCC 30.23.220. The maximum lot area shall be 20,000 square feet or less when located in rural/urban transition areas.

(25) RESERVED for future use.

(26) RESERVED for future use.

(27) See SCC 30.23.050 for height limit exceptions. See also SCC 30.67.460 for height limit requirements within shoreline jurisdiction.

(28) RESERVED for future use.

(29) See SCC 30.23.200 et seq. for additional lot area requirements and exceptions.

(30) SCC 30.32A.120 (Siting of new structures -- Commercial forest land) requires an application for a new structure on parcels designated commercial forest, but not within a designated commercial forest--forest transition area, to provide a minimum 500-foot setback, which shall be a resource protection area, from the property boundaries of adjacent commercial forest lands except that if the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 500 feet, the new structure shall maintain the maximum setback possible, as determined by the department.

(31) Setback requirements for mineral excavation and processing are in SCC 30.23.110(26). Performance standards and permit requirements are in chapter 30.31D SCC.

(32) The site shall be a contiguous geographic area and have a size of not less than 10 acres, except in the case of subsurface shaft excavations, no minimum acreage is required, pursuant to SCC 30.31D.020(1).

(33) See SCC Table 30.28.050(4)(i) for setback requirements for structures containing a home occupation.

(34) RESERVED for future use.

(35) See chapter 30.31E SCC, for more complete information on the Townhouse Zone height, setback, and lot coverage requirements.

(36) RESERVED for future use (MR and LDMR setbacks -- DELETED by Ord. 05-094, effective September 29, 2005).

(37) Agriculture: All structures used for housing or feeding animals, not including household pets, shall be located at least 30 feet from all property lines.

(38) There shall be no subdivision of land designated commercial forest in the comprehensive plan except to allow installation of communication and utility facilities if all the following requirements are met:

(a) The facility cannot suitably be located on undesignated land;

(b) The installation cannot be accomplished without subdivision;

(c) The facility is to be located on the lowest feasible grade of forest land; and

(d) The facility removes as little land as possible from timber production.

(39) On parcels designated commercial forest, but not within a designated commercial forest--forest transition area, establish and maintain a minimum 500-foot setback, which shall be a resource protection area, from the property boundaries of adjacent commercial forest lands except when the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 500 feet, the new structure shall maintain the maximum setback possible as provided in SCC 30.32A.120.

(40) Land designated local commercial farmland shall not be divided into lots of less than 10 acres unless a properly executed deed restriction which runs with the land and which provides that the land divided is to be used exclusively for agricultural purposes and specifically not for a dwelling(s) is recorded with the Snohomish County auditor.

(41) Minimum lot area in the rural use zone shall be the minimum allowed by the zone identified as the implementing zone by the comprehensive plan for the plan designation applied to the subject property. Where more than one implementing zone is identified for the same designation, the minimum lot size shall be that of the zone allowing the smallest lot size.

(42) RESERVED for future use.

(43) Additional bulk requirements may apply. Refer to SCC 30.31F.100 and 30.31F.140.

(44) The 50 percent maximum lot coverage limitation applies solely to the portion of the area within the CRC comprehensive plan designation and zone that is centered at 180th Street SE and SR 9, generally extending between the intersection of 172nd Street/SR 9 to just south of 184th Street/SR 9, as indicated on the County’s FLUM and zoning map.

(45) The 30 percent maximum lot coverage limitation applies solely to the portion area located within the CRC comprehensive plan designation and zone that is centered at State Route (SR) 9 and 164th Street SE, as indicated on the County’s Future Land Use Map (FLUM) and zoning map.

(46) Additional setbacks may apply to development within a rural cluster subdivision. Refer to chapter 30.41C SCC. Residential subdivision is restricted pursuant to SCC 30.32C.150. Uses are restricted where the R‑5 zone coincides with the Mineral Resource Overlay (MRO) to prevent development which would preclude future access to the mineral resources.

(47) RESERVED for future use.

(48) RESERVED for future use.

(49) RESERVED for future use.

(50) RESERVED for future use.

(51) RESERVED for future use.

(52) See SCC 30.33B.020 for bulk regulations related to existing playing fields on designated recreational land.

(53) RESERVED for future use.

(54) A split parcel may be subdivided along the UGA boundary line using one of three methods. First, a split parcel may be subdivided along the UGA boundary line into two lots, whereby one lot remains within the UGA and the other lot remains outside the UGA, pursuant to SCC 30.41B.010(5). Second, a split parcel may be subdivided as part of a short plat application, pursuant to SCC 30.41B.010(6). Finally, a split parcel may be subdivided as part of a plat application, pursuant to SCC 30.41A.010(3).

(55) See SCC 30.42E.100(9)(c).

(56) RESERVED for future use.

(57) RESERVED for future use.

(58) RESERVED for future use.

(59) Relationship of setback to building height:

The minimum setback requirements are dependent on the heights of the building as specified in this column. To meet the setback requirements, buildings over 20 feet in height must either:

(a) Set the entire building back the minimum setback distance; or

(b) Stepback those portions of the building exceeding 20 feet in height to the minimum setback distance, as illustrated in Figure 30.23.040(59).

Figure 30.23.040(59)

Example of relationship of building height to stepback

(c) Those portions of a building or structure allowed to exceed the maximum building height pursuant to SCC 30.23.050(3) for low impact development shall have the minimum side and rear yard setbacks increased by one foot for each additional two feet of building height.

(60) RESERVED for future use.

(61) Single-family detached, single-family attached and duplex structures shall comply with the minimum setbacks required in the R-8,400 zone.

(62) Fencing between single-family detached, single-family attached and duplex structures shall be:

(a) Prohibited in the area that is within five feet of a third story ingress/egress window so ladder access to the third floor window is not impeded; or

(b) Limited to either vegetative, wood, block, concrete or metal that does not exceed 42 inches in height.

(63) Additional building height up to a maximum of 180 feet may be allowed under certain circumstances as provided for in SCC 30.34A.040(1).

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 05-094, Sept. 14, 2005, Eff date Sept. 29, 2005; Amended Ord. 05-083, December 21, 2005, Eff date Feb. 1, 2006; Amended Ord. 05-087, December 21, 2005, Eff date Feb. 1, 2006; Amended Ord. 06-004, March 15, 2006, Eff date April 4, 2006; Ord. 06-075, Oct. 4, 2006, Eff date Oct. 15, 2006 Ord. 06-062, Oct. 4, 2006, Eff date Oct. 15, 2006; Amended Ord. 07-029, April 25, 2007, Eff date May 10, 2007; Amended Ord. 07-022, April 23, 2007, Eff date June 4, 2007; Amended Ord. 07-084, Sept. 5, 2007, Eff date Sept. 21, 2007; Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009; Amended by Amended Ord. 09-079, May 12, 2010, Eff date May 29, 2010; Amended by Amended Ord. 10-072, Sept. 8, 2010, Eff date Oct. 3, 2010; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013)

*Code Reviser Note: The text shown in 30.23.040(46) above, in italic font, was added by Amended Ord. 12-018 but the "C" was not shown with addition marks. This material is included pursuant to SCC 1.02.020(2)(g).

30.23.041 Setbacks from road network elements in Urban Zones.

Table 30.23.041 

Setbacks from Road Network Elements in Urban Zones
10

(All minimum setbacks are measured in feet)

Category

Zone

Minimum Setback For Structure

Minimum Setback to the Entrance of a Covered Parking Structure

Public Road

Private1, 2

Alley

Public Road

Private1, 2

Alley

60 Feet and Over and Under 60 Feet in a Recorded Subdivision, Short Subdivision or Binding Site Plan3

Under 60 Feet4, 5

Private Road

Drive Aisle, Shared Court and Shared Driveway

60 Feet and Over and Under 60 Feet in a Recorded Subdivision, Short Subdivision or Binding Site Plan3

Under 60 Feet4, 5

Private Road

Drive Aisle, Shared Court and Shared Driveway

Urban

R-9,600

15

45

15

0

0

18

48

18

18

4

R-8,400

15

45

15

0

0

18

48

18

18

4

R-7,200

15

45

15

0

0

18

48

18

18

4

T (buildings 20’ high)12

15

45

15

0

0

18

48

18

18

4

T (buildings > 20’ high)12

20

50

20

0

0

20

50

18

18

4

LDMR (buildings 20’ high)6, 7, 12

15

45

15

0

0

18

48

18

18

4

Urban

LDMR (buildings > 20’ high)6, 7, 12

20

50

20

0

0

20

50

18

18

4

MR (buildings 20’ high)6, 7, 12

15

45

15

0

0

18

48

18

18

4

MR (buildings > 20’ high)6, 7, 12

20

50

20

0

0

20

50

18

18

4

MHP

20

50

20

15

0

18

48

18

18

4

FS

25

55

25

0

0

25

55

18

18

4

NB

10

40

10

0

0

18

48

18

18

4

PCB

25

85

25

0

0

55

58

18

18

4

CB

25

55

25

0

0

25

55

18

18

4

GC

25

55

25

0

0

25

55

18

18

4

IP8

25

60

25

0

0

30

60

18

18

4

BP

25

60

25

0

0

30

60

18

18

4

LI

25

55

25

0

0

25

55

18

18

4

HI

25

55

25

0

0

25

55

18

18

4

UC

0

0

0

0

0

20

50

18

18

4

(Added by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

30.23.043 Setbacks from road network elements in Rural Zones.

Table 30.23.043
 

Setbacks from Road Network Elements in Rural Zones
10

 

Minimum Setback For Structure

Minimum Setback to the Entrance of a Covered Parking Structure

Category

Zone

Public Road

Private1, 2

Alley

Public Road

Private1, 2

Alley

60 Feet and Over and Under 60 Feet in a Recorded Subdivision, Short Subdivision or Binding Site Plan3

Under 60 Feet4, 5

Private Road

Drive Aisle, Shared Court and Shared Driveway

60 Feet and Over and Under 60 Feet in a Recorded Subdivision, Short Subdivision or Binding Site Plan3

Under 60 Feet4, 5

Private Road

Drive Aisle, Shared Court and Shared Driveway

Rural

RRT-1011

20

50

20

0

0

20

50

20

20

4

R-511

20

50

20

0

0

20

50

20

20

4

RD11

20

50

20

0

0

20

50

20

20

4

RB

25

55

25

0

0

20

55

20

20

4

CRC

25

55

25

0

0

20

55

20

20

4

RFS

25

55

25

0

0

20

55

20

20

4

RI

25

55

25

0

0

20

55

20

20

4

(Added by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

30.23.045 Setbacks from road network elements in Resource Zones.

Table 30.23.045
 

Setbacks from Road Network Elements in Resource Zones
10

(All minimum setbacks are measured in feet)

 

Minimum Setback For Structure

Minimum Setback to the Entrance of a Covered Parking Structure

Category

Zone

Public Road

Private1, 2

Alley

Public Road

Private1, 2

Alley

60 Feet and Over and Under 60 Feet in a Recorded Subdivision, Short Subdivision or Binding Site Plan3

Under 60 Feet4, 5

Private Road

Drive Aisle, Shared Court and Shared Driveway

60 Feet and Over and Under 60 Feet in a Recorded Subdivision, Short Subdivision or Binding Site Plan3

Under 60 Feet4, 5

Private Road

Drive Aisle, Shared Court and Shared Driveway

Resource

MC11

50

80

50

0

0

50

80

50

20

4

F9, 11

100

130

100

0

0

100

130

100

20

4

F&R11

20

50

20

0

0

20

50

20

20

4

A-10

20

50

20

0

0

20

50

20

20

4

(Added by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

30.23.047 Setbacks from road network elements in other zones.

Table 30.23.047
 

Setbacks from Road Network Elements in Other Zones
10

(All minimum setbacks are measured in feet)

 

Minimum Setback For Structure

Minimum Setback to the Entrance of a Covered Parking Structure

Category

Zone

Public Road

Private1, 2

Alley

Public Road

Private1, 2

Alley

60 Feet and Over and Under 60 Feet in a Recorded Subdivision, Short Subdivision or Binding Site Plan3

Under 60 Feet4, 5

Private Road

Drive Aisle, Shared Court and Shared Driveway

60 Feet and Over and Under 60 Feet in a Recorded Subdivision, Short Subdivision or Binding Site Plan3

Under 60 Feet4, 5

Private Road

Drive Aisle, Shared Court and Shared Driveway

Other

SA-1

20

50

20

0

0

20

50

20

20

4

RC11

20

50

20

0

0

20

50

20

20

4

RU

20

50

20

0

0

20

50

20

20

4

R-20,000

20

50

20

0

0

20

50

20

20

4

R-12,500

20

50

20

0

0

20

50

20

20

4

WFB

20

50

20

0

0

20

50

20

20

4

(Added by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

30.23.049 Reference notes for SCC Tables 30.23.041 through 30.23.047.

(1) The setback shall be measured from the edge of the tract or easement. Where no tract or easement is established, the measurement shall be made from the edge of the road network element.

(2) The setback may be reduced to the setback required for a structure if a vehicle entering the covered parking structure can turn around inside the covered parking structure and exit without having to back out.

(3) These setbacks shall be measured from the edge of the right-of-way.

(4) Applies to public right-of-way under 60 feet that are not included in development subject to the recorded subdivision, short subdivision or binding site plan. These setbacks shall be measured from the centerline of the right-of-way.

(5) The county engineer may require the front lot line setback from a public right-of-way be measured from a right-of-way reservation line established in accordance with SCC 30.24.140(1), when:

(a) The right-of-way width is less than 60 feet in width and determined inadequate by the county engineer based on:

(i) The comprehensive plan arterial circulation map; or

(ii) An adopted design report, roadway design or right-of-way plan; and

(b) The right-of-way is not located in a recorded subdivision, short subdivision or binding site plan.

(6) Single-family detached, single-family attached and duplex structures constructed in the LDMR and MR zones shall use the minimum setbacks required in the R-8,400 zone.

(7) Structures over two stories, other than single-family detached structures, shall increase the setbacks by three feet.

(8) In the IP zone there shall be an additional one foot setback for every one foot of building height over 45 feet.

(9) In the F zone, the setbacks for residential structures on lots 10 acres or less, where the lot was legally created prior to being zoned to F, shall be the same as in the R-5 zone.

(10) See SCC 30.23.120 for front setback exceptions from road network elements.

(11) See SCC 30.41C.130 and 30.41C.140 for additional front setback requirements for lots created through the rural cluster subdivision provisions of chapter 30.41C SCC.

(12) See SCC 30.23.040(59).

(Added by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

30.23.050 Height requirements, exceptions and measuring height.

(1) The maximum height of buildings and structures shall be pursuant to the height standards in SCC Tables 30.23.030 and 30.23.032, except as provided in subsections (2) and (3) of this section.

(2) The following shall be exempt from the maximum height standards:

(a) Tanks and bunkers, turrets, church spires, belfries, domes, monuments, chimneys, water towers, fire and hose towers, observation towers, stadiums, smokestacks, flag poles, towers and masts used to support commercial radio and television antennas, bulkheads, water tanks, scenery lofts, cooling towers, grain elevators, gravel and cement tanks and bunkers, and drive-in theater projection screens, provided they are set back at least 50 feet from any adjoining lot line;

(b) Towers and masts used to support private antennas, provided they meet the minimum setback of the zoning district in which they are located, and the horizontal array of the antennas does not intersect the vertical plane of the property line;

(c) Towers, masts or poles supporting electric utility, telephone or other communication lines;

(d) Schools and educational institutions; provided, that:

(i) The use was approved as part of a conditional use permit;

(ii) A maximum building height of 45 feet is not exceeded; and

(iii) Any portion of any building exceeding the underlying zoning maximum height standard is set back at least 50 feet from all of the site’s perimeter lot lines; and

(e) Aircraft hangars located within any industrial zone; provided, that the hanger is set back at least 100 feet from any non-industrial zone.

(3) Applicants proposing height modifications pursuant to SCC 30.63C.080(1)(a) to incorporate low impact development techniques into site design and planning, may exceed the maximum height of the underlying zoning district; provided, that:

(a) The maximum height is not increased if the property is located in R-9,600, R-8,400, R-7,200, T, LDMR, and MR zones; and the maximum height is not increased by more than 14 feet if the property is located in FS, NB, PCB, CB, GC, IP, BP, LI and HI zones;

(b) The property is located within an urban growth area;

(c) The maximum lot coverage is reduced by one percentage point for each foot of additional height (example: one foot of additional height means a 35 percent maximum lot coverage will be reduced to 34 percent); and

(d) If the zone does not have a maximum lot coverage requirement then at least 40 percent of the site shall contain pervious surfaces.

(4) Building height shall be measured as 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.

(5) Calculation of the average final grade shall be made by drawing the smallest rectangle possible that encompasses the entire building area as shown in Figure 30.23.050(1) and averaging the elevations at the midpoint of each side of the rectangle.

(6) Fill shall not be used to raise the average final grade more than five feet above the existing grade of any dwelling located within 50 feet on adjoining properties. (Figure 30.23.050(2)).

Figure 30.23.050(1)

Calculating average final grade and determining height:

(Final Elevation at Mid-point of A + B + C + D) ÷ 4 = Average Final Grade Elevation

Figure 30.23.050(2)

Adjustments for measuring height where an adjoining dwelling(s) exists:

No adjustments required for structures on Parcel "X" adjoining Areas A or C;

Adjustment required for structures adjoining Area B.

(7) The measurement of height under this section does not apply to buildings regulated by the Snohomish County Shoreline Management Program, nor does it replace the definitions of height in the construction codes, which are specific to the provisions in those chapters.

(8) Rooftop heating, ventilation and air conditioning (HVAC) and similar systems, when located on commercial, industrial or multifamily structures. The system shall not exceed the maximum building height of the underlying zone by more than 30 percent or 15 feet, whichever is less. Sight-obscuring screening shall be required unless otherwise approved by the director of the department.

(Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Repealed and new section Added by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009; Amended by Ord. 10-024, June 9, 2010, Eff date Sept. 30, 2010; Amended by Amended Ord. 10-072, Sept. 8, 2010, Eff date Oct. 3, 2010; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

30.23.060 Binding site plans (BSP).

Land divided pursuant to a recorded binding site plan shall be governed by the bulk regulations of the underlying zone. The entire land area subject to the BSP shall be treated as a single lot when applying minimum lot area, minimum lot width, setbacks, maximum lot coverage, off-street parking, sign, and landscaping requirements.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003).

30.23.100 Setbacks and corner lot sight clearance triangles.

For safety purposes, all owners of corner lots shall maintain a sight clearance triangle in accordance with SCC Figure 30.23.100(1). The sight clearance triangle is formed by measuring 15 feet along the two front lot lines from their point of intersection (point A) and connecting the two endpoints (line B - C). Within the area comprising the triangle, no tree, fence, shrub, sign, or other physical obstruction higher than 42 inches above the established road network element grade shall be permitted.

Figure 30.23.100(1)

CORNER LOT SIGHT CLEARANCE TRIANGLE

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

30.23.110 Special setbacks for certain uses.

This section supplements the normal setbacks required by the underlying zone for the specified use.

(1) Agriculture. All structures used for housing or feeding animals, not including household pets, shall be located at least 30 feet from all property lines.

(2) Amusement Facilities. Theaters must be at least 300 feet from the property line of any preschool or K-12 school. Other amusement facilities must be at least 500 feet from the property line of any park, playground, preschool, or K-12 school. Distances shall be measured horizontally by following a straight line from the nearest point in the building in which the amusement facility will be located, to the nearest property line of a parcel which contains a park, playground, preschool, or K-12 school.

(3) Art Gallery. All buildings must be at least 20 feet from any other lot in a residential zone.

(4) Cemetery, Mausoleum, and Crematoriums. All buildings must be at least 50 feet from external boundaries of the property.

(5) Church. All buildings must be at least 25 feet from any other lot in a residential zone.

(6) Dock and Boathouse. Covered structures must be at least three feet from any side lot line or extension thereof. No setback from adjacent properties is required for any uncovered structure, and no setback from the water is required for any structure permitted hereunder, except that setbacks for docks and boathouses located in shoreline jurisdiction are regulated under SCC 30.67.515.

(7) Educational Institutions.

(a) All buildings shall be set back at least 35 feet from all external property lines; and

(b) All buildings shall be set back from all road network elements, except a driveway. The setback shall be the greater of either 75 feet from the centerline of a road network element, or 45 feet from the edge of a road network element.

(8) Equestrian Center and Mini-Equestrian Center. Open or covered arenas must be at least 50 feet from any external property line. New structures located on or adjacent to lands subject to chapter 30.32A SCC shall comply with all applicable setbacks.

(9) Governmental Structure or Facility. All structures must be at least 20 feet from any other lot in a residential zone.

(10) Health and Social Service Facility, Level II. All buildings must be at least 30 feet from all external property boundaries.

(11) Kennel, Commercial; Kennel, Private-Breeding; or Kennel, Private-Non-Breeding. All animal runs, and all buildings and structures devoted primarily to housing animals, must be at least 30 feet from all external property lines.

(12) Library. All buildings must be at least 20 feet from any other lot in a residential zone.

(13) Museum. All buildings must be at least 20 feet from any other lot in a residential zone.

(14) Office, Licensed Practitioners. All buildings must be at least 20 feet from any other lot in a residential zone.

(15) Race Track. The track must be at least 50 feet from all external property lines.

(16) Rural Industry. All buildings and structures, storage areas, or other activities (except sales stands) occurring outside of a residential structure must be at least 20 feet from any property line.

(17) School, Preschool and K-12.

(a) All buildings shall be set back at least 35 feet from all external property lines; and

(b) All buildings shall be set back from all road network elements, except a driveway. The setback shall be the greater of either 75 feet from the centerline of a road network element, or 45 feet from the edge of the road network element.

(18) Service Station Pump Island or Canopy. The following setbacks shall be applied from all road network elements, except for a driveway:

(a) The setback for a pump island, where the width of the road network element is less than 60 feet, shall be 45 feet from the centerline of the road network element.

(b) The setback for a pump island, where the road network element is 60 feet or wider, shall be one-half the width of the road network element plus 15 feet.

(c) The setback for a canopy, where the road network element is less than 60 feet, shall be 35 feet from the centerline of the road network element.

(d) The setback for a canopy, where the road network element is 60 feet or wider, shall be one-half the width of the road network element plus five feet.

(19) Small Animal Husbandry. All structures used for housing or feeding animals must be at least 30 feet from all property lines.

(20) Detached accessory or non-accessory storage structures and private garages with building footprints over 2,400 square feet must be at least 15 feet from any external property line; provided, that parcels abutting open space tracts shall have a five-foot setback from the open space. Storage structures and private garages over 4,000 square feet in size must be set back at least 20 feet from any external property line; provided, that parcels abutting open space tracts shall have a five-foot setback from the open space.

(21) Stormwater Facilities.

(a) Buildings shall be set back an unobstructed 15 feet from the top of the bank of an open constructed channel or an open detention or retention pond to allow access by maintenance equipment.

(b) Buildings shall be set back 10 feet from the nearest edge of a closed drainage facility.

(c) If the construction of drainage facilities will require a structural setback on adjacent properties pursuant to subsection (21)(a) or (b) of this section, the owner of the drainage facility shall obtain a drainage easement or agreement from the affected adjacent property owner(s) prior to construction approval.

(22) Studio. All buildings must be at least 20 feet from any other lot in a residential, multiple-family, or rural zone. The hearing examiner may require an additional setback distance when necessary to maintain compatibility of the proposed building with residential uses on adjoining properties.

(23) Swimming or Wading Pool. The pool must be at least five feet from any property line.

(24) Tavern. The use must be at least 500 feet from the external property lines of all public school grounds and public parks or playgrounds.

(25) Utility Structures. All structures must be at least 20 feet from any other lot in a residential zone.

(26) Personal Wireless Telecommunications Service Facilities. The setbacks of a wireless communications support structure used for a personal wireless telecommunications service facility shall be measured from the base of the structure to the property line of the parcel on which it is located. Where guy wire supports are used, setbacks shall be measured from the base of the guy wire anchored to the ground, rather than the base of the structure except as provided for in subsection (25)(a) of this section.

(a) In zones categorized as Rural or Resource under SCC 30.21.020, any public road right-of-way may be included in the setback calculation. In all other zones categorized under SCC 30.21.020, public road right-of-way shall not be included in the setback calculation.

(b) Wireless communications support structures shall be set back from a property line with a minimum of 50 feet except as provided for in subsections (25)(c) through (e) of this section. For the purposes of this subsection, a wireless communications support structure’s lease area boundaries shall not be considered property lines.

(c) Setbacks may be modified by the approval authority to no less than 20 feet from a property line only if there is significant existing vegetation, topography, or some other land feature that will provide a higher level of screening of the facility. In accordance with SCC 30.25.025(2), a Native Vegetation Retention Area (NVRA) shall be established and maintained when this provision is used.

(d) Wireless communications support structures located on utility support structures shall have no specific setback requirement.

(e) Wireless communications support structures located on parcels adjacent to forest lands or lands designated local forest shall be set back in accordance with SCC 30.32A.110.

(f) To minimize the potential for birds to collide into antenna support structures, personal wireless telecommunications services facilities shall not be located within the recommended construction buffer zone for birds listed as priority species by the Washington Department of Fish and Wildlife as described in its Management Recommendations for Washington’s Priority Species Volume IV: Birds (May 2004), or listed as endangered or threatened species under the federal Endangered Species Act (64 CFR 14307), and as amended, unless the applicant demonstrates that the proposed location will not have a significant impact on such birds.

(g) In no case shall a wireless communications support structure be constructed so that its base is closer to an existing dwelling than a distance equal to the height of the wireless communications support structure, unless the owner of such dwelling consents in writing that a closer distance is permitted.

(27) Excavation and Processing of Minerals.

(a) Minimum setbacks, as measured from the nearest edge of active mining or processing, shall be established as follows:

(i) Distance from property line: 50 feet;

(ii) Distance from any public road or right-of-way: 50 feet;

(iii) Distance from residences: 100 feet; provided, that the residence is located on a site(s) designated and zoned for residential use;

(iv) Distance from parks, schools, hospitals and/or libraries in existence at the time of permit application: one-fourth mile (1,320 ft);

(v) Distance from UGA boundary: one-fourth mile (1,320 ft).

(b) No mining, processing or permanent buildings shall be located within the setback.

(c) Structures or buildings associated with mineral operations shall be located at least 100 feet from a developed residential property line.

(28) Marijuana production and marijuana processing. The minimum setback for outdoor marijuana production or marijuana processing facilities shall be at least 50 feet from any property line. The minimum setback for indoor marijuana production or marijuana processing facilities shall be at least 30 feet from any property line.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 04-010, Mar. 3, 2004, Eff date Mar. 15, 2004; Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005; Amended Ord. 05-083, December 21, 2005, Eff date Feb. 1, 2006; Amended Ord. 05-089, December 21, 2005, Eff date Feb. 1, 2006; Emerg. Ord. 06-011, Feb. 15, 2006, Eff date Feb. 15, 2006; Amended Ord. 06-057, Aug. 2, 2006, Eff date Aug. 14, 2006; Amended by Amended Ord. 10-026, June 9, 2010, Eff date Sept. 30, 2010; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013; Amended by Amended Ord. 13-086, Nov. 13, 2013, Eff date Nov. 28, 2013).

30.23.115 Setback exceptions for minor architectural features.

(1) Minor architectural features, including cornices, eaves, sills, fireplaces, chimneys and flues, open beams, bay windows, greenhouse windows, trellises, ornamental elements, and other similar features of a minor nature may extend or project into a required setback a distance of not more than 30 percent of the required setback if the following conditions are met:

(a) Except for eaves, cornices, and sills, the combined length of all such features along any one building wall shall not exceed 20 percent of the length of that building wall; and

(b) Minor architectural features may not be used to extend building floor area into the required setback. Only fireplace chimneys and flues may extend to finished grade.

(2) Uncovered porches, steps, and decks may project into a required setback, if they are no more than four feet above the finished ground level, at least 30 inches from any lot line, and project no more than six feet into a setback required from a street.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003).

30.23.120 Front setback exceptions for new structures from existing road network elements.

Front setback exceptions for new structures from existing road network elements listed in SCC Tables 30.23.041 through 30.23.047 shall be as follows:

(1) The minimum front setback from a road network element may be averaged when at least 50 percent of the lots on the same side of the road network element, and within 165 feet of either side of the subject lot, are improved with permitted buildings. The front setback shall be determined by averaging the front setback of those structures on those lots whose setback is equal to or less than the setback required in the underlying zone; provided, that the setback for a vacant lot is that required in the bulk matrices for the underlying zone.

(2) The minimum front setback may be reduced one foot for each percent of natural slope in excess of 35 percent, as measured from the midpoint of the front lot line from which the reduction is sought, for a distance of 60 feet into the lot.

(3) The setback from a temporary turnaround easement shall be the greater of either:

(a) Five feet from the easement line; or

(b) The setback from the right-of-way line for the zoning classification.

(4) New structures shall have a minimum five-foot setback from:

(a) The edge of a private road network element when the lot does not have an easement to utilize the private road network element; or

(b) The edge of a restricted access right-of-way.

(5) The setback from a tract or easement for a shared driveway or a private road capable of serving only one or two lots shall be considered a side or rear setback if the lot also fronts on a public right-of-way.

(6) Where one of the roads creating a corner or through lot is a restricted access right-of-way, side or rear yard setbacks shall apply along the restricted access right-of-way.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

30.23.125 Setback exceptions from alleys, auto and shared courts, and shared driveways.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 04-003, March 31, 2004, Eff date May 17, 2004; Amended Ord. 07-022, April 23, 2007, Eff date June 4, 2007; Repealed by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

30.23.130 Setback for new private road network elements from existing structures.

(1) A proposed private road network element that provides legal access to a lot shall not be located closer than 15 feet from any existing structure on the lot.

(2) A proposed private road network element that does not provide legal access to a lot shall not be located closer than five feet from any existing structure on the lot.

(Added by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

30.23.150 Setback exception for lots combined as a single building site.

If two or more lots are built upon as one unit, and are held under common ownership, the boundary line separating the two or more lots may be covered by a building or permitted group of buildings. Such lots shall constitute a single building site, and the setbacks required by this chapter shall apply to the aggregate of the lots.

(Added Ord. 03-068, July 9, 2003, Eff date July 28, 2003).

30.23.200 Reductions to lot area.

(1) No minimum lot area shall be so reduced or diminished that the setbacks or other open spaces shall be smaller than prescribed by this title, nor shall the density of population be increased in any manner except in conformity with the regulations established by this title.

(2) No minimum lot dimension shall be required for the development of a government utility, or personal wireless telecommunication service structure or facility.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 11-058, Jan. 25, 2012, Eff date Feb. 16, 2012).

30.23.210 Lot size averaging.

(1) A subdivision or short subdivision will meet the minimum lot area of the zone in which it is located if the area in lots plus half of the area of all critical areas and their buffers that must be permanently protected under chapter 30.62A SCC, if any, plus and1 areas designated as open space or recreational uses, if any, divided by the total number of lots equals or exceeds the minimum lot area of the zone in which the property is located. In no case shall the density achieved be greater than the gross site area divided by the underlying zoning.

(2) This section shall only apply to:

(a) subdivisions or short subdivisions within zones having a minimum lot area requirement of 12,500 square feet or less; and

(b) short subdivisions in rural areas within zones having a minimum lot size greater than 12,500 square feet but not larger than five acres.

(3) This section shall not apply on any site where any significant trees other than hazardous trees were removed after January 7, 2009, and within six years prior to the date of the submission of the application, pursuant to SCC 30.25.016(3).

(4) Roadways shall not count toward the calculations for lot size averaging.

(5) Surface detention/retention facilities may count toward calculations for lot size averaging only if the detention/retention facility:

(a) is designed to not require security fencing under the EDDS standards; and

(b) the facility is either:

(i) designed so as to appear as a natural wetland system, or

(ii) provides active or passive recreational benefits in a natural landscaped setting.

(6) For subdivisions and short subdivisions within zones having a minimum lot area requirement of 12,500 square feet or less, the following additional criteria apply:

(a) Each single lot shall be at least 3,000 square feet in area;

(b) Lots in subdivisions and short subdivisions created under the provisions of this section shall have a maximum lot coverage of 55 percent;

(c) Lots with less than the prescribed minimum lot area for the zone in which they are located shall have a minimum lot width of at least 40 feet, and right-of-way setbacks of 15 feet except that garages must be set back 18 feet from the right-of-way (with the exception of alleys) and corner lots may reduce one right-of-way setback to no less than 10 feet; and

(d) Preliminary subdivisions approved utilizing lot averaging shall not be recorded by divisions unless such divisions individually or together as cumulative, contiguous parcels satisfy the requirements of this section.

(7) For short subdivisions in rural areas within zones having a minimum lot size greater than 12,500 square feet but not larger than five acres, the following additional criteria apply:

(a) Each single lot shall be at least 12,500 square feet in area or the minimum area necessary to comply with the Snohomish health district’s rules and regulations for on-site sewage disposal and potable water supply, whichever is greater;

(b) Lots in short subdivisions created under the provisions of this section shall have a maximum lot coverage of 35 percent; and

(c) Lots with less than the prescribed minimum lot area for the zone in which they are located shall have a minimum lot width of at least 75 feet, and right-of-way setbacks of 50 feet except corner lots may reduce one right-of-way setback to no less than 20 feet.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 03-075, September 24, 2003, Eff date October 6, 2003; Amended Ord. 04-081, September 1, 2004, Eff date September 24, 2004; Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013).

30.23.220 Minimum lot area for rural clusters in RUTAs.

(1) A rural cluster subdivision or short subdivision in a RUTA will meet the minimum lot area of the zone in which it is located if the average lot size of all lots is at least 7,200 square feet and each lot contains sufficient area to comply with the Snohomish Health District’s rules and regulations for on-site sewage disposal.

(2) Lots with less than the prescribed minimum lot area for the zone in which they are located shall conform to the minimum lot width, setbacks, and other bulk regulations of this chapter for lots located in the R-7,200 zone.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009).

30.23.230 Lot area when land is taken for public use.

(1) If a portion of a legally existing lot or parcel of land in any zone is acquired for public use in any manner, including condemnation or purchase, the remainder of the lot or parcel shall be considered having the required minimum lot area. However:

(a) The portion of the lot or parcel remaining after the acquisition for public use has an area of at least one-half of that required for the minimum lot area in the zone in which the lot or parcel is located except that, in a zone requiring a minimum lot area of one-half acre or more, a minimum lot area of at least 6,000 square feet shall be required; and

(b) After all applicable setback requirements are met, the remainder of the lot or parcel contains a rectangular space at least 30 feet by 40 feet in size which is usable for a main building.

(2) The setback requirements of this title shall not apply to existing legal structures located on legally-created lots or parcels where the setbacks for such structures have been reduced by governmental acquisition of a portion of the lots or parcels and such acquisition complies with the standards promulgated for decent, safe, and sanitary housing in Section 12, Right-of-Way Manual, Washington State Department of Transportation. Any structural expansion of these existing structures which would increase the degree of setback nonconformity is prohibited.

(3) Lots with less than sufficient square footage to meet minimum zoning requirements may be created in approving a short subdivision, when all of the following apply:

(a) As a condition of short subdivision approval, land must be dedicated for county road purposes pursuant to SCC 30.41B.200(4) and such dedication would cause the short subdivision to lose one or more lots due to insufficient square footage to meet minimum zoning requirements;

(b) No lot area may be reduced more than 10 percent below minimum zoning requirements; and

(c) All lots shall meet minimum Snohomish Health District requirements.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003).

30.23.235 Development on substandard lots - General.

Development on substandard lots, including single-family development under SCC 30.23.240, is permitted, provided that it shall comply with the following requirements:

(1) Development permitted on substandard lots regulated by this chapter shall be subject to compliance with all other applicable provisions of title 30 SCC.

(2) Where the combination of substandard lots is required or proposed for the development of a single-family dwelling, or other building or structure, the lands involved shall be combined and considered to be a single undivided parcel. No portion of said parcel shall be used, altered or sold in any manner which diminishes compliance with lot area and width requirements, nor shall any division be made which creates a lot with a width or area below the requirements permitted by this title. A site plan depicting the lot combination shall be recorded with the auditor prior to permit issuance.

(3) The development of new attached and detached accessory apartments and duplexes is prohibited.

(4) Except as provided in SCC 30.23.235(3) and SCC 30.23.240, substandard lots may be used for development permitted under this title and associated incidental uses, provided that the development:

(a) Complies with the setback requirements of SCC 30.23.030;

(b) Complies with the Snohomish Health District standards; and

(c) Does not exceed the lot coverage requirement in SCC 30.23.030.

(Added by Amended Ord. 11-058, Jan. 25, 2012, Eff date Feb. 16, 2012).

30.23.240 Residential use of substandard lots.

(1) Use of lots for residential development when such lots have substandard area for their present zone is permitted for single-family dwellings and uses incidental to single-family dwellings if the lot was legally created and satisfied the lot area and lot width requirements applicable at the time of lot creation; but such lots may be used only in the manner and upon the conditions set forth below:

(a) A person who owns a single substandard lot or two or more substandard lots which were not contiguous and under single ownership on December 31, 1989, may use such lot or lots, either individually or in combination, for building sites, one single-family dwelling plus incidental uses thereto per building site if the building sites meet the setbacks and lot coverage requirements and the Snohomish Health District’s standards for the zone in which they are located;

(b) A person who owns two or more substandard lots which were contiguous and under single ownership on December 31, 1989, may use such lots, either individually or in combination, for up to two building sites, one single-family dwelling plus incidental uses thereto per building site if the building sites meet the setbacks and lot coverage requirements and the Snohomish Health District’s standards for the zone in which they are located. Additional contiguous substandard lots owned by the same person may be used for additional building sites, one dwelling per building site if the additional building sites contain at least one acre (43,560 square feet) or 50 percent of the lot area required for the zone in which such building sites are located, whichever is less and if the building sites meet the setbacks and lot coverage requirements and the Snohomish Health District’s standards for the zone in which they are located; and

(c) Notwithstanding the provisions of SCC 30.23.240(1)(b), a person who owns two or more substandard lots which were established on or after April 15, 1957, and which were contiguous and under single ownership on December 31, 1989, may use such lots, either individually or in combination, for building sites, one single-family dwelling plus incidental uses thereto per building site if the building sites meet the setbacks and lot coverage requirements and the Snohomish Health District’s standards for the zone in which they are located.

(2) Single-family dwellings and incidental uses established pursuant to SCC 30.23.240(1) are permitted uses and are not nonconforming uses.

(3) Existing single-family dwellings on substandard lots that are nonconforming only because they do not meet the criteria of SCC 30.23.240(1) may improve or add to the single-family dwelling and may improve, add to or add incidental uses to the single-family dwelling; provided, that any improvements or additions meet the setbacks and lot coverage requirements and the Snohomish Health District standards for the zone in which they are located.

(4) Existing single-family dwellings on substandard lots that are nonconforming because they do not meet the setbacks, lot coverage requirements, or Snohomish Health District standards for the zone in which they are located may improve or add to the single-family dwelling and may improve, add to or add incidental uses to the single-family dwelling provided that any improvements or additions do not increase the existing nonconformity or create a new nonconformity with setbacks, lot coverage requirements, or Snohomish Health District standards.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Emergency Ord. 08-090, June 16, 2008, Eff date June 16, 2008; Emerg. Ord. 08-157, Dec. 10, 2008, Eff date Dec. 16, 2008; Amended by Emerg. Ord. 09-035, Apr. 13, 2009, Eff date Apr. 13, 2009; Repealed by Ord. 09-101, Sept. 30, 2009; Eff Date Oct. 16, 2009; Added by Ord. 09-101; Sept. 30, 2009, Eff date Oct. 16, 2009).

30.23.250 Aggregation of lots.

(1) If two or more lots are built upon as a unit, are under one ownership, and when the common boundary line separating the lots is covered by a building or permitted group of buildings, the lots shall be considered a single lot, except as otherwise specifically allowed by this code.

(2) The aggregated lot shall constitute a single building site and the setbacks required by this title shall then apply to the aggregated lot.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003).

30.23.260 Parcels split by UGA boundary line.

(1) Subdivision of a split parcel shall be permitted along the UGA boundary line by using the short subdivision provisions pursuant to chapter 30.41B SCC or by submittal of a plat pursuant to chapter 30.41A SCC. A split parcel may be subdivided along the UGA boundary line using one of three methods. First, a split parcel may be subdivided along the UGA boundary line into two lots, whereby one lot remains within the UGA and the other lot remains outside the UGA, pursuant to SCC 30.41B.010(5). Second, a split parcel may be subdivided as part of a short plat application, pursuant to SCC 30.41B.010(6). Finally, a split parcel may be subdivided as part of a plat application, pursuant to SCC 30.41A.010(3).

(Added Ord. 06-062, Oct. 4, 2006, Eff date Oct. 15, 2006).

30.23.300 Building separation for single-family detached, single-family attached and duplex structures constructed in the LDMR and MR zones.

(1) Single-family detached, single-family attached and duplex structures in the LDMR and MR zones with a third-story side yard ingress/egress window in the MR and LDMR zones shall have a minimum of 15 feet building separation.

(2) Building separation may be reduced to 10 feet when:

(a) The dwelling units are equipped with approved NFPA 13D automatic sprinkler systems;

(b) The topography of the particular site can provide the necessary geometric prism for fire fighters to set a ladder reaching the third-story yard ingress/egress window at no greater than a 75-degree angle; or

(c) The dwelling unit boundaries are drawn with a "zero lot line" on one side of the unit.

(Added by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).


1

*Code Reviser Note: The text shown in italic, underline and strikeout format in 30.23.210 subsection (1) above was amended by Amended Ord. 08-101 but was not indicated with deletion and/or addition marks.


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The Snohomish County Code is current through Ordinance 14-087, and legislation passed through October 1, 2014.

The Clerk of the Council's Office retains the official version of the Snohomish County Code. Users should contact the Clerk of the Council's Office for legislation passed subsequent to the ordinance cited above.

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