Chapter 17.12
GENERAL REQUIREMENTS FOR RESIDENTIAL DISTRICTS
Sections:
17.12.010 Accessory buildings.
17.12.030 Residential development in nonresidential districts.
17.12.040 Second story standards.
17.12.050 Construction of new two-story residential structures.
17.12.060 Corner lots/affordable housing.
17.12.010 Accessory buildings.
A. In residential zones, accessory buildings located on the same site with a permitted use, including private garages and carports, studios for private use, garden structures, greenhouses, hobby shops, recreation rooms and freestanding patio covers are allowed if such accessory buildings:
1. Are not over 15 feet high and are no more than one story. Lofts which do not have sufficient headroom for occupancy are permitted for storage use only.
2. Are not in a required front or side yard.
3. Are at least five feet from any other structure located on the same lot.
4. Are at least five feet from any side and 10 feet from any rear property line, except in the R-3 zone where no setback is required by this subsection when the property line is adjacent to any nonresidential zone or nonresidential use. An accessory structure to be used for storage only and not designed for any occupancy (such as a gazebo or workshop) may have a five-foot rear setback.
5. Do not occupy more than 15 percent of the lot, to be calculated exclusive of the required building setbacks. Any accessory structure in excess of 450 square feet requires the approval of the planning commission.
6. When located on a reverse corner lot, do not project beyond the front yard line required on the lot in the rear of such lot.
B. Breezeways may be used to provide shelter between buildings.
C. Accessory structures may have plumbing installed, providing the fixtures may be served by a maximum two-inch diameter building drain. Building drains in excess of two inches in diameter may be approved by the city planner where justification is provided and it can be shown that the structure cannot be used as a residence or for commercial use.
D. Attached accessory structures must meet the setbacks for the primary structure and lot coverage requirements of the zoning district in which the property is located.
E. Detached accessory buildings are subject to the development standards of Chapters 17.13, 17.14, 17.15, and 17.16 EMC, except for small storage/utility buildings, 120 square feet in area or less and nine feet in total height or less, for the purpose of storing incidental household items for property maintenance. See EMC 17.41.120(F).
F. Attached patio covers shall have a 10-foot rear yard setback and shall comply with the existing residential side yard setbacks. The attached patio cover eaves shall not extend into 10-foot setback. Attached patio covers that encroach into the 20-foot rear setback cannot be converted into habitable living space and cannot be used as a balcony.
G. Accessory buildings require a building permit if larger than 120 square feet. (Ord. 573 § 3, 2018; Ord. 547 § 3, 2015; Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)
17.12.020 Public utilities.
The provisions of this title shall not apply to poles, lines, or other structures or facilities used by irrigation districts or public utility companies for producing, transmitting or distributing utility services and shall not be construed to limit or interfere with the installation, maintenance or operation of public utilities. (Ord. 495 § 1, 2005)
17.12.030 Residential development in nonresidential districts.
For residential developments on property in a nonresidential district, the development standards in the R-3 zone shall apply. (Ord. 495 § 1, 2005)
17.12.040 Second story standards.
A. Any second story portion of a dwelling or balcony, including additions to a dwelling or balcony, shall be subject to site plan review by the city planner. In conducting the site plan review, the city planner shall consider the placement of second story windows, doors, exterior stairways, balconies, decks, etc., in relation to the privacy of surrounding residences, as well as the possibility of interference with neighbors’ solar collectors, satellite antennas and other exterior accessories. Modifications to the design of second stories may be required by the city planner based on the above considerations.
B. In conducting the site plan review, the city planner shall require that:
1. The relationship of the second story windows, doors, exterior stairways, exterior balconies, sun decks, etc., is designed to protect the privacy of the neighbors.
2. The relationship of the building is to be nondetrimental with the neighbor accessories such as, but not limited to, solar collectors and satellite antennas.
3. That decks and balconies on the second story shall have a six-foot privacy wall when necessary to protect the privacy of a neighbor. This subsection shall apply to all dwelling units regardless of when a building permit was issued.
C. A parcel may be exempted from subsection A of this section; provided, that each adjacent residential lot meets at least one of the following criteria:
1. The adjacent residential lots are vacant or contain dwellings which have had a final inspection approved less than five years from the date of the new application.
2. The adjacent residential lot is greater than one acre in size and contains no dwelling units within 40 feet of any lot line abutting the subject lots.
D. The term “adjacent residential lot” as used in this chapter means each lot zoned or used residentially, even if separated by an alley, that abuts the side or rear lot line of the subject lot, including those which touch only at a corner.
E. Any openings in the second story walls facing or viewing a neighbor’s rear yard shall have the view mitigated by the following methods:
1. Obscure, translucent or stained glass or glass block shall be used for glazing unless the opening is to be:
a. A skylight.
b. A clerestory of sufficient height from the floor to restrict or prevent views into adjacent residential lots.
c. Limited to a view of the neighbor’s side yard or front yard.
2. Wall extensions or “wings” shall be provided at glazing facing side yards if a view of the neighbor’s rear yard is afforded. Minimum depth of the “wings” shall be two feet.
3. Stairways, decks and balconies shall have a six-foot high solid wall installed that extends a minimum of two feet beyond the intersecting wall, baluster, etc.
F. Structures that are a minimum of 60 feet to the property line are exempted.
G. Standards.
1. Skylight and clerestory window installations shall be encouraged.
2. The two-foot wings are a minimum. Actual wing depth will be determined by the view blocking angle.
3. Designers will be responsible for the privacy mitigation features with staff performing the compliance review function only. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)
17.12.050 Construction of new two-story residential structures.
Where new residential structures are proposed to be constructed adjacent to existing residences, no two-story structures shall be permitted within 100 feet of the property line of a residence on any adjacent property. Any property on which a new dwelling is to be constructed may be exempted from this provision providing that it meets the following criteria:
A. The adjacent residential lot(s) contain dwellings which have had a final inspection approval less than five years from the date of the new application for building permit on this subject property; or
B. The adjacent residential lots are part of the same subdivision as determined by the city planner. (Ord. 495 § 1, 2005)
17.12.060 Corner lots/affordable housing.
A corner lot may be subdivided into two lots of less area than required by the rules of the zoning district in which located only if both attached family units will be used/sold as affordable units, the fronts of the two units do not face the same street, and the original size of the corner lot is at least 8,000 square feet. (Ord. 530 Att. A, 2011)