Chapter 18.08 SINGLE-FAMILY RESIDENTIAL ZONE

Chapter 18.08
SINGLE-FAMILY
RESIDENTIAL ZONE

Sections

18.08.010 Purpose of zone.

18.08.020 Permitted uses.

18.08.025 Hazardous substances.

18.08.030 Lot area.

18.08.040 Lot area per dwelling unit.

18.08.050 Lot width.

18.08.060 Front yard.

18.08.070 Side yard.

18.08.075 Rear yard.

18.08.080 Height.

18.08.090 Permissible lot coverage.

18.08.100 Placement of buildings and structures.

18.08.110 Accessory living quarters (ALQ).

18.08.010 Purpose of zone.

The principal objective and purpose to be served by this zone and its application is to create a living environment of the highest standards for single-family dwellings. Other related uses contributing directly to a complete living environment are considered compatible and therefore also permitted. A further related consideration is to make it possible to more efficiently and economically design, install, and maintain all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use. [Ord. 1237 § 3, 1999; Ord. 175 § 1(24.08.010), 1964.]

18.08.020 Permitted uses.

In a single-family residential zone the following uses only are permitted and as specifically provided in and allowed by this chapter, subject to the off-street parking requirements and the general provisions and exceptions set forth in this title beginning with chapter 18.36 DMMC:

(1) A one-family dwelling;

(2) Accessory buildings and uses including, but not limited to, the following:

(a) Accessory living quarters;

(b) Private garages designed to accommodate not more than four cars;

(d) Lodgers limited to two;

(e) Private docks and mooring facilities and a private boathouse or hangar for the sole use of occupants of the premises to accommodate private noncommercial pleasure craft. Boathouses, hangars, docks and moorings shall be accessory to the primary use on the property to which they are contiguous, provided:

(i) No part of the boathouse or hangar shall extend more than 16 feet above the mean high water level;

(ii) A structure shall not be located closer to a property side line, or property side line extended, than the width of the required side yard on the lot to which such facilities are accessory;

(iii) The total area of covered moorages, boathouses, or hangars shall not exceed 1,000 square feet;

(iv) Covered structures shall abut upon the natural shoreline;

(v) Such structure shall not have a width greater than 50 percent of the width of the lot at the natural shoreline upon which it is located;

(vi) A boat using such moorage shall not be used as a place of residence when so moored;

(f) Foster family day care home;

(g) Greenhouses, private and noncommercial, for propagation and culture only and no sales from the premises are permitted;

(h) One antenna system that exceeds the maximum building height specified for the residential zone and which:

(i) Does not exceed 15 feet in height above the building height limitation specified for the zone;

(ii) Is set back the greater of the applicable building setback for the zone where located, or the vertical height of the antenna system measured from the center point of the base of the mast horizontally to the nearest property line;

(iii) Has a maximum horizontal cross-sectional area for that part of the mast that is above the building height limitation for the zone such that an imaginary four-inch diameter circle would encompass all points of the horizontal cross-section;

(iv) Has a maximum allowable three-dimensional space intrusion of 1,200 cubic feet for single ground plane antennas with a single driven element, and 200 cubic feet for beams, quads, and other multi-element antennas; except these limitations on three-dimensional space intrusion are not applicable to single long-wire antennas, single whip antennas, and single coaxial antennas. In this paragraph, “three-dimensional space intrusion” means the space within an imaginary rectangular prism that contains all extremities of an antenna;

(v) Does not encroach into the front, side, or rear setbacks required for the zone. A guy wire and anchor point for an antenna system is prohibited in the required front yard or within three feet of the side or rear property lines; except if an alley abuts a rear property line, a guy wire and anchor point may extend to the rear property line;

(vi) A variation from the above limitations not to exceed 10 percent may be granted by the department of community development; such variation shall be granted when it will not significantly increase the hazard factor, the aesthetic impact, or the economic consequences of such antenna systems;

(i) Swimming pools and other recreational facilities for the sole use of occupants of premises and their guests;

(3) Art galleries and museums, when located in a public park;

(4) Boat moorages for pleasure craft only in connection with community and noncommercial recreational facilities as set forth in this chapter, whether the moorage is publicly or privately owned, subject to the issuance of a conditional use permit provided the following minimum conditions are conformed to:

(a) No boat sales, service, repair, boat charter, or rental are permitted on the premises;

(b) The deck of a pier shall be no more than five feet above high water level;

(d) Boats using such moorage facilities shall not be used as a place of residence;

(e) No overhead wiring shall be permitted on piers or floats except within covered moorage structures;

(f) All covered structures over water shall abut upon the shore and be at least 40 feet apart when placed side by side; when covered structures are placed end to end or side to end, one of the structures shall abut upon the shore and the structures shall be at least 15 feet apart;

(g) No covered structures over water shall be permitted to extend out from shore a distance greater than 50 percent of the maximum permitted distance from shore of a pier on subject premises, but in no case a distance of more than 300 feet from shore, unless the outer line of the property is less than 200 feet from shore, a covered structure may be permitted to extend to the outer property line;

(h) No pier, including finger piers, shall occupy more than 10 percent of the water area of a lot upon which the same is built, nor shall the total area of covered structures over water occupy more than 20 percent of the water area of such lot;

(i) All covered structures over water under one ownership shall be built in a uniform manner and design and no point in the roof of such structure shall be higher than 16 feet above high water in fresh water and no floating moorage located in fresh or tidal water shall have a structure higher than 16 feet from the water line;

(j) The roofs of covered moorage shall contain no more than 7,200 square feet of area in any one unit and such roofs shall not be supported directly by extended piling;

(k) Side walls on covered structures shall not exceed 50 percent of the area of any three sides and shall be of rigid or semirigid material and shall cover from external view all roof bracing;

(5) Cemeteries that were legally in existence prior to August 3, 1964;

(6) Churches, providing the following conditions are conformed to:

(a) All buildings and structures on the site shall not cover more than 40 percent of the area of the site;

(b) The depth of the required front yard shall be the same as that required for the zone in which the site is located as identified on the zoning map;

(c) Buildings and structures on the site shall not be closer than 30 feet to any property line that is a common property line with residential property, except that a detached one-family dwelling on such site need conform only to the yard requirements and required distance between buildings as prescribed by the zone in which the site is located;

(d) The height limits of the zone in which the site is located shall apply, except that the height shall be measured to the mean height of the roof;

(e) On interior lots the required side yards may be used to provide off-street parking areas and on corner lots the interior side yard may be similarly used. Under no circumstances may the required front yard or the side yard on the side street be used for off-street parking;

(f) Where areas devoted to off-street parking are contiguous to residentially zoned property, then on the property line common with such residentially zoned property there shall be erected and maintained a solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height, and such walls or fences may be built progressively as the parking facilities are installed;

(g) All lights provided to illuminate a parking area or building on such site shall be so arranged as to direct the light away from adjoining premises;

(h) Church sites shall abut and be accessible from at least one public street having two moving traffic lanes and a dedicated width that will permit not less than a 36-foot roadway;

(i) The following signs only are permitted:

(i) One unlighted sign area on the outside wall of the main building and parallel thereto, having an area not greater than 20 square feet;

(ii) A detached sign having dimensions totaling not more than 20 square feet and on which both faces may be utilized, such sign being securely mounted on the ground on supports and the top of which sign shall be not more than six feet above the natural level of the ground upon which it rests. On corner and reverse corner lots one such sign may be placed facing each street;

(j) For purposes of determining conformance to the foregoing conditions and the parking requirements, a plot plan showing ultimate location and use of all buildings, location of signs, location and amount of off-street parking areas, location and adequacy of ingress to and egress from parking areas, landscaping and sketches to scale showing the building elevations and floor space to be devoted to seating or assembly purposes shall be filed with and approved by the building department prior to the issuance of any building permit and thereafter the issuance of building permits shall be governed by and conform to the approved plot plan. If, later, a modified plot plan is submitted, the modified plan shall conform to the conditions and requirements of this title or any amendments in effect at the time the modified plan is submitted;

(7) Nursery schools, day care centers, or mini-day care programs when located on the same site with public or private schools or churches;

(8) Foster care home, 24-hour;

(9) Golf courses, private or public, including clubhouse, accessory driving range, pitch and putt courses except the following minimum conditions are required:

(a) A building or structure shall maintain a distance of not less than 50 feet from an exterior boundary line that is a common property line with residential property and from a street boundary line;

(b) A service area, a side of which constitutes a common property line with residential property, shall be screened from such property line by the erection and maintenance on such common property line of a solid wall or view-obscuring fence or hedge not less than five or more than six feet in height;

(d) Where property devoted to these purposes is bounded by a street, then on a street property line, no entrance-exit facilities for automobiles shall be located closer than 100 feet to a street intersection;

(10) Libraries (publicly operated);

(11) Parks, publicly owned and operated, except the following minimum conditions are required:

(a) No bleachers or stadiums are permitted if the site is less than 10 acres, and no public amusement devices for hire are permitted;

(b) Lights provided to illuminate a building or recreational area shall be so arranged as to reflect the light away from a lot upon which a dwelling unit is located;

(c) A building or structure or service yard on the site shall maintain a distance not less than 50 feet from a property line that is a common property line with residential property and from a public street;

(12) Public utility facilities:

(a) Public utility distribution permitted by DMMC 18.36.140 (Public utilities – Distribution) is not affected by this section;

(b) Public utility facilities necessary for the transmission and distribution of services for the area when the facilities are located underground below the natural grade of the site, except that surface-mounted transformers, telephone terminals, and metering devices less than five feet in height required in connection with underground services are permitted above ground;

(c) Public utilities facilities, such as but not limited to telephone exchanges, sewage or water pumping stations, electrical distribution substations, water storage reservoirs or tanks necessary for distribution, but not including business offices, warehousing, storage buildings or yards, service yards, sewage treatment plants or bulk gas storage or the like, are permitted above ground, subject to the following minimum standards:

(i) Any equipment or structure except architectural screens and fences shall observe a distance of one foot for each one foot the equipment or structure rises above the grade but in no case less than 20 feet from a property line that is a common property line with a street, alley, or with residential property;

(ii) When security fences are used, they shall be supplemented with a Type II landscaping strip so as to minimize the industrial character of such fences;

(iii) Public utility facilities shall be landscaped as required in DMMC 18.41.300 (Public or institutional uses);

(iv) When the facility includes bulky structures such as water towers or standpipes, the landscaping shall include either existing or planted trees of such size as will partially screen and effectively break up the massive appearance of such structures;

(v) Landscaping shall be planted according to industry standards and chapter 18.41 DMMC, Article II (General landscaping requirements). The landscaping will be maintained in good condition at all times. Landscaping shall be planted as a yard improvement at or before the time of completion of the first structure or within a reasonable time thereafter considering weather and planting conditions;

(vi) Site plans, elevation and landscape plans shall be submitted and approved by the building department prior to the issuance of a building permit. The building department may require the posting of a surety bond guaranteeing to the city the installation and improvement of the site in accordance with the approved screening and landscape plans in an amount estimated to be equal to the cost of such screening and landscaping;

(13) Recreational facilities, community and noncommercial, including clubhouse facilities, subject to the issuance of a conditional use permit, except the following minimum conditions are required:

(a) A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be erected and maintained on any exterior boundary line that is a common property line with residential property, except that on a portion of the common property line constituting the depth of the required front yard on the adjoining residential property such wall, fence, or hedge shall be not less than 36 inches nor more than 42 inches in height. Wherever a six-foot wall, fence, or hedge is permitted, open wire mesh screens may be erected to heights greater than six feet where needed for protective purposes;

(b) A building or structure on the site shall maintain a distance not less than 25 feet from any abutting residential property;

(c) Lights provided to illuminate a building or recreational area shall be so arranged as to reflect the light away from a lot upon which a dwelling unit is located;

(d) The site shall be located upon, or have adequate access to a public thoroughfare;

(14) Schools, elementary, junior high, middle, and high, and community colleges, public and private; provided, the following minimum conditions are required:

(a) No less than the following minimum site areas shall be provided for public schools:

(i) For elementary schools, five acres;

(ii) For junior high or middle schools, 10 acres;

(iii) For senior high schools, 15 acres;

(iv) For community colleges, 20 acres;

(b) For private elementary, junior high or middle, and senior high schools, the minimum site area shall be three acres. These private schools shall be approved by the State Board of Education;

(c) Buildings or structures on the site shall maintain all yards required in the zone in which the site is located as identified on the zoning map;

(d) Buildings and structures shall maintain a distance not less than 30 feet from a property line that is a common property line with residential property;

(e) Buildings, including accessory buildings and structures, shall not cover more than 40 percent of the area of the site;

(f) Renovation, rehabilitation, or construction of schools, both public and private, shall be processed as a Type II land use action;

(15) (Repealed by Ord. 584);

(16) Planned unit development as provided in chapter 18.52 DMMC (Planned Unit Development);

(17) Unclassified uses as provided in chapter 18.32 DMMC (Unclassified Uses);

(18) Home occupation, except the following minimum conditions are required:

(a) Occupation shall be conducted entirely within the dwelling and not in an accessory building, except for a bona fide garage;

(b) Such use does not involve construction features not customary or incidental in a dwelling;

(c) The entrance to the area used for the home occupation shall be only from an entrance customary to a residential use and not exceeding four feet in width at its opening;

(d) There shall be no signs related to the home occupation or other exterior evidence of the occupation being conducted within the dwelling, including functional evidence;

(e) Such home occupation is approved by the city manager, the criteria for such approval to be whether such home occupation will adversely affect the residential qualities of the location in which it will operate. Without limitation, factors for such decision may be size of building, parking, potential noise, potential nuisance, potential traffic, and the like;

(f) The decision of the city manager may be appealed to the hearing examiner by filing a written notice of appeal with the city clerk within 10 days of the mailing of the notification of denial. The appeal is heard as provided in the hearing examiner code, except the decision of the hearing examiner is final and is not appealable to the city council. The decision of the hearing examiner is appealable by filing a land use petition with the King County superior court in accordance with chapter 36.70C RCW, as presently constituted or as may be subsequently amended;

(g) Should a business license be granted and should the nature of the business thereafter acquire features that may have resulted in a denial of a business license in the first instance, the city manager shall have authority to revoke the business license and the provisions codified in DMMC 5.04.020 (License required – Transfer prohibited), 5.04.030 (Licenses – Fees – Appeal), 5.04.060 (License revocation – Appeal), 5.04.070 (Renewal – Appeal), and 5.04.090 (Reasons for enactment of chapter) shall become effective;

(h) Motor vehicle repair operations are prohibited;

(19) The keeping of horses or cattle for private use only shall be permitted in any residential zone, except the following minimum conditions are required:

(a) The minimum area of land shall not be less than one acre, in which area the animal shall be restrained or controlled in such a manner that the animal cannot freely leave the premises;

(b) Not more than one horse or one cow for each one-half acre of the total site area is permitted;

(c) To restrain an animal from causing damage to adjacent property, the owner of that property where animals are to be kept shall be responsible to erect and maintain an animal-control fence no closer than five feet from the adjacent property line;

(d) Stables, corrals, exercise yards, or rings shall not be located closer than 35 feet to any boundary property line or closer than 45 feet to a building containing a dwelling unit or accessory living quarters on the same premises; and there shall be no open-air storage of hay, straw, shavings, or similar organic materials closer than 35 feet to any boundary property line or closer than 45 feet to any dwelling unit or accessory living quarters on the same premises;

(e) A person keeping horses or cattle in a residential zone under the provisions of this section is required to file a declaration of ownership form with the city clerk. The declaration of ownership form shall be specified by the city clerk and is filed without fee. The declaration of ownership form shall provide the name and address of the legal owner of the property, the legal description of the property, the name and address of the owner of the horse or cow if the horse or cattle owner is not the legal owner of the property;

(20) Adult family homes, subject to the following conditions:

(a) The adult family home is licensed as an adult family home by the Department of Social and Health Services of the state of Washington or successor agency; and

(b) The adult family home shall meet city licensing, zoning, building, housing, and fire regulations. [Ord. 1282 § 1, 2001: Ord. 1237 §§ 3, 4, 1999; Ord. 1174 § 60, 1996; Ord. 1106 § 5, 1994: Ord. 1100 § 1, 1994: Ord. 806 § 2, 1989; Ord. 793 §§ 5, 6, 1989; Ord. 628 § 2, 1985; Ord. 584 § 7(part), 1983; Ord. 557 § 1, 1983; Ord. 532 § 10, 1981; Ord. 463 § 1, 1979; Ord. 445 § 2, 1978; Ord. 338 § 1, 1973; Ord. 295 § 2, 1971; Ord. 255 § 2(part), 1969; Ord. 175 §§ 1(24.08.020), 5, 6, 1964.]

18.08.025 Hazardous substances.

(1) No use permitted in this chapter, with the exception of public utility and service facilities, shall store any hazardous substance, except that for the purposes of this chapter the following substances shall be exempt:

(a) Heating oil stored in an underground tank sufficiently contained so as to preclude soil and ground water contamination;

(b) Gasoline stored in an approved Underwriters Laboratory container;

(c) Prepackaged retail quantities of fertilizers, pesticides, and auto and home care products only for home and personal use.

(2) Failure to comply with any of the requirements of this section shall be deemed a violation and shall result in enforcement by civil penalty as set forth in DMMC 18.72.060. Any person or business who fails to comply with the provisions of this chapter, or permits a violation to continue after receiving written notice of violation from the community development director, shall be deemed to be causing or permitting a public nuisance and shall be liable in an action for abatement filed by the city in superior court. [Ord. 757 § 7, 1988.]

18.08.030 Lot area.

(1) In recognition of the variations in topographical conformation and geographical relationships of Des Moines and the advantages that can attach to consideration of health, safety, and general welfare and the amenities of living which naturally relate to the areas devoted to residential and related purposes, there are established in the single-family residential zone four minimum required lot area standards with respect to each of which different related yards and open spaces are required as set forth in this chapter and, as to location, are identified on the zoning map by the designations RS-15,000, RS-9,600, RS-8,400, RS-7,200, and RS-4,000:

(a) The minimum required area of a lot in an area designated as RS-15,000 shall be 15,000 square feet; provided, however, in the geographic area described as follows:

Property located in the S.W. 1/4 of Section 17, T22N, R4E, W.M. The real property is enclosed by the following boundaries: west of the western margin of Marine View Drive, north of the northern margin of S. 240th Street, east of the Puget Sound East Passage O.H.W., and south of the north line of the S.E. 1/4 of the S.W. 1/4 of said section as recorded in King County, Washington records. A lot containing a minimum area of 25,000 square feet may be subdivided into no more than two lots, each containing a minimum area of 12,500 square feet, provided sanitary sewer service is available to the lot.

(b) The minimum required area of a lot in an area designated as RS-9,600 shall be 9,600 square feet.

(d) The minimum required area of a lot in an area designated as RS-7,200 shall be 7,200 square feet.

(e) The minimum required area of a lot in an area designated as RS-4,000 shall be 4,000 square feet.

(2) In a multiple-lot subdivision containing four or more lots, the minimum lot area shall be deemed to have been met if the average lot area is not less than the minimum lot area requirement of the zone in which the property is located as identified on the zoning map. In computing the average square foot area of lots in a subdivision not more than 25 percent of the number of lots may contain an area less than the prescribed minimum for the zone, but in no case shall a lot contain less area than as set forth in the following:

(a) In RS-15,000, 13,500 square feet of lot area;

(b) In RS-9,600, 8,640 square feet of lot area;

(d) In RS-7,200, 6,400 square feet of lot area;

(e) In RS-4,000, 3,600 square feet of lot area; and

(3) Provided further, that for lots containing more than the minimum lot area required for the zone in which the property is located, not more than the following areas of such lots may be credited in determining the average lot area:

(a) In RS-15,000, 16,500 square feet of lot area;

(b) In RS-9,600, 10,560 square feet of lot area;

(d) In RS-7,200, 7,920 square feet of lot area;

(e) In RS-4,000, 4,400 square feet of lot area. [Ord. 1397 § 3, 2007: Ord. 1237 §§ 3, 4, 1999; Ord. 858 § 1, 1990: Ord. 175 §§ 1(24.08.030), 7, 1964.]

18.08.040 Lot area per dwelling unit.

(1) The lot area per dwelling unit shall be no less than the minimum area of a lot as required for the zone in which the property is located as identified on the zoning map, except that in multiple lot subdivisions approved subsequent to August 3, 1964, the lot area per dwelling unit for each individual lot shall be the area of the individual lots conforming to the approved subdivision.

(2) In the case of a permitted duplex, the lot area per dwelling unit shall be not less than one-half of the minimum required area of the lot. If a lot has less than 7,200 square feet, and was of record on August 3, 1964, the lot area per dwelling unit for a duplex shall be not less than 3,000 square feet. [Ord. 1237 § 3, 1999; Ord. 1197 § 25, 1997; Ord. 175 § 1(24.08.040), 1964.]

18.08.050 Lot width.

Every lot in a single-family residential zone shall maintain a width of not less than the following:

(1) The minimum width of a lot in an area designated as RS-15,000 – 80 feet;

(2) The minimum width of a lot in an area designated as RS-9,600 – 75 feet;

(3) The minimum width of a lot in an area designated as RS-8,400 – 70 feet;

(4) The minimum width of a lot in an area designated as RS-7,200 – 60 feet;

(5) The minimum width of a lot in an area designated as RS-4,000 – 40 feet. [Ord. 1397 § 4, 2007: Ord. 1237 § 4, 1999; Ord. 175 §§ 1(24.08.050), 8, 1964.]

18.08.060 Front yard.

Every lot in a single-family residential zone shall have a front yard with a depth of not less than 20 feet. [Ord. 1237 § 4, 1999; Ord. 255 § 2(part), 1969: Ord. 175 § 1(24.08.060), 1964.]

18.08.070 Side yard.

(1) In a single-family residential zone every lot shall have a side yard on each side of the lot.

(2) For lots 60 feet or more in width, the side yard shall have a width of not less than five feet on one side and 10 feet on the other side.

(3) For lots less than 60 feet in width, all side yards shall have a width of not less than five feet. [Ord. 1237 § 4, 1999; Ord. 1182 § 1, 1997; Ord. 255 § 2(part), 1969: Ord. 175 § 1(24.08.070), 1964.]

18.08.075 Rear yard.

(1) In a single-family residential zone every lot type except through lots shall have a rear yard.

(2) For lots 6,400 square feet or more in area, the rear yard shall have a depth of not less than 20 feet.

(3) For lots less than 6,400 square feet in area, the rear yard shall have a depth of not less than 10 feet. [Ord. 1237 § 4, 1999; Ord. 1182 § 2, 1997; Ord. 255 § 2(part), 1969: Ord. 175 § 1(24.08.075), 1969.]

18.08.080 Height.

In a single-family residential zone no residential building or structure shall exceed a height of 30 feet. [Ord. 1237 § 4, 1999; Ord. 1188 § 1, 1997; Ord. 175 §§ 1(24.08.080), 9, 1964.]

18.08.090 Permissible lot coverage.

(1) In a single-family residential zone all buildings and structures shall not cover more of the lot than the maximum lot coverage requirements provided in this section.

(2) The maximum lot coverage requirements provided in this section shall not apply to open areas for on-site parking and private swimming pools.

(3) For lots 6,400 square feet or more in area, maximum lot coverage shall be 35 percent of lot area.

(4) For lots less than 4,480 square feet in area, maximum lot coverage shall be 50 percent of lot area.

(5) For lots 4,480 to 6,399 square feet in area, maximum lot coverage shall be 2,240 square feet. [Ord. 1237 § 4, 1999; Ord. 1182 § 3, 1997; Ord. 175 § 1(24.08.090), 1964.]

18.08.100 Placement of buildings and structures.

Placement of buildings and structures on any lot in a single-family residential zone shall conform to the following:

(1) Interior Lots.

(a) Any building any portion of which contains a dwelling unit or accessory living quarters shall not be located closer to any property line than allowed by the yard requirements of this chapter;

(b) The distance between a building containing a dwelling unit or accessory living quarters and any other buildings on the same lot shall be not less than 10 feet;

(c) On the rear third of a lot accessory buildings not containing accessory living quarters may be built on the lot side lines and the lot rear line; provided, not less than 10 feet of the lot rear line shall be free and clear of buildings; and provided further, if the lot rears upon an alley, a garage with a vehicular entrance from the alley shall maintain a distance of not less than 15 feet from the centerline of the alley.

(2) Corner Lots and Reverse Corner Lots.

(a) Except as specified below, any building containing a dwelling unit or accessory living quarters and any other building on the same lot shall observe a distance from any lot side line of five feet from one side and 10 feet from the side street side and the rear property line specified by this chapter;

(b) The distance between a building containing a dwelling unit or accessory living quarters and any other buildings on the same lot shall be not less than 10 feet;

(c) On the rear third of a corner lot accessory buildings not containing accessory living quarters may be built on the lot interior side line and the lot rear line; provided, if the lot rears upon an alley a garage with a vehicular entrance from the alley shall maintain a distance not less than 15 feet from the centerline of such alley;

(d) On the rear third of a reverse corner lot accessory buildings not containing accessory living quarters may be built to the lot interior side line, but no building shall be erected closer to the lot rear line than five feet unless an alley intervenes, in which case accessory buildings may be built to the lot rear line unless the accessory building is a garage with a vehicular entrance directly from the alley, in which case such building shall maintain a distance of not less than 15 feet from the centerline of the alley;

(e) In all cases the width of the required side yard on the side street side shall be observed. [Ord. 1237 § 4, 1999; Ord. 1182 § 4, 1997; Ord. 255 § 2(part), 1969; Ord. 175 §§ 1(24.08.100), 10, 1964.]

18.08.110 Accessory living quarters (ALQ).

(1) Only one ALQ is allowed per residential lot.

(2) The fee owner(s) of the property must physically reside in either the primary single-family dwelling or the accessory unit. At no time shall the ALQ and the primary single-family dwelling be rented simultaneously.

(3) The ALQ shall be designed so that the appearance preserves or complements the architectural design and style of the primary single-family residence.

(4) ALQs shall be accessed either through the entrance of the primary dwelling unit or an additional side or rear entrance.

(5) The ALQ must not be less than 350 square feet of living space. Accessory living quarters shall not exceed 800 square feet if they are: (a) detached from the primary single-family dwelling; (b) created through an addition; or (c) designed into a new structure at the time of construction. For ALQs created within an existing single-family residence, the square footage limitation on an ALQ shall be no more than 35 percent of the total square footage of the primary dwelling.

(6) To gain approval for an ALQ, a property owner shall file a completed ALQ development permit application, sign an affidavit of owner occupancy, provide an additional form of documentation such as a driver’s license or voter registration record, and apply for a building permit for necessary remodeling or construction. Falsely certifying owner occupancy or failure to comply with the terms of the ALQ land use application approval shall result in the loss of ALQ registration and certificate of occupancy.

(7) The owner occupancy affidavit shall be recorded and filed as a deed restriction with the King County recorder before a certificate of occupancy shall be issued by the Des Moines building official. [Ord. 1378 § 3, 2006.]