Chapter 17.24
USE DISTRICTS

Sections:

17.24.010    All residential zones.

17.24.010 All residential zones.

A. Purpose. The purpose of the residential use districts is to provide an area for single-family residential development while retaining the city’s semi-rural character and lifestyle.

B. Permitted Uses. The following uses are permitted outright provided all other applicable requirements of this title and other ordinances of the city are met:

1. Single-family dwelling of a permanent character placed in a permanent location;

2. Accessory buildings and structures, including private garages; provided, that in the aggregate they do not occupy more than ten percent of the total area of the lot. Accessory buildings shall conform to all setback regulations as set forth in this title, except rear yard setback can be seven feet minimum;

3. Home occupations; provided, that such home occupation meets the requirements of Chapter 17.12 BMC;

4. Adult family homes, family daycare providers and group homes; provided:

a. The operator is certified to operate by the state of Washington pursuant to:

i. Adult family homes, Chapter 388-76 WAC;

ii. Family daycare providers, Chapter 43.216 RCW; or

iii. Group homes, Chapter 110-145 WAC; and

b. The adult family home, family daycare provider or group home is located in the dwelling unit occupied by the licensed operator;

c. The business obtains a home occupation business license pursuant to the requirements of Chapter 17.12 BMC;

d. The dwelling unit shall comply with all minimum applicable building, fire, safety, and health regulations;

5. Foster homes licensed pursuant to Chapter 110-148 WAC;

6. Home animal agriculture, provided the requirements of Chapter 6.20 BMC are met;

7. Municipally owned and operated buildings and structures including but not limited to libraries, city offices, and public works facilities.

C. Conditional Uses. The following uses may be permitted as a conditional use, provided there has been compliance with the dimensional requirements of this part. In addition other potential negative effects that require mitigation as specifically identified during hearing and review, including but not limited to noise, light and glare, etc., and not otherwise covered by SEPA environmental review, may be made a condition of approval for any conditional use set forth below:

1. A secondary dwelling unit, as defined by this title, may be permitted as a conditional use on a lot of at least twenty thousand square feet, provided the secondary dwelling unit is not offered for sale. The owner of the property must reside in either the primary dwelling unit or in the secondary dwelling unit;

2. Places of religious worship, provided the following requirements are met:

a. Seating capacity is limited to four hundred;

b. Dimensional standards shall be equal to that required for primary residential buildings except that a minimum building setback from all property lines of fifty feet shall be required;

c. The development shall comply with the landscaping standards contained in Chapter 17.50 BMC;

d. Off-street parking shall be provided in the ratio of one parking space for every three seats in the place of religious worship; and

e. The place of religious worship shall be located on major traffic streets as classified in the transportation element of the Brier comprehensive plan;

3. Parks and recreation areas for the private use of residents of subdivisions and short plats, provided the area is designated on the face of the plat and approved as part of the platting process;

4. Schools, public and private;

5. Secure community transition facilities, as defined by RCW 71.09.020(16). A secured community transition facility, as defined by RCW 71.09.020(16), shall not be sited without the applicant first applying for, and obtaining, a conditional use permit. In conjunction with the application for a conditional use permit, the applicant shall demonstrate that the facility:

a. Provides adequate landscaping and ground cover to sufficiently screen the facility and blend with single-family residential housing consistent with Chapter 17.50 BMC;

b. Provides adequate on-site parking to accommodate the proposed use and all activities carried on in conjunction therewith;

c. Provides a site development plan showing the size and location of all specific structures and proposed use of each structure, as well as architectural renderings showing the exterior and interior building configuration, design, and use;

d. Provides for mitigation of off-site impacts, including light, glare, and noise;

e. Shall house no more than three persons, excluding resident staff; and

f. Meets all of the requirements of RCW 71.09.285, and all regulations adopted by the Department of Social and Health Services;

6. Fire Stations. A fire station may be sited in all residential zones as a conditional use; provided, that in locating the fire station, the following conditions shall be met:

a. The location shall be such that potential off-site impacts be reasonably mitigated as to not unreasonably impact surrounding residential uses; and

b. The development shall comply with the landscaping standards contained in Chapter 17.50 BMC;

7. Permanent Supportive Housing or Transitional Housing. The dwelling unit shall comply with all of the standards for a single-family home in the underlying zone and shall be limited to a maximum occupancy as follows:

a. There shall be a non-kitchen common area which shall contain a minimum of one hundred twenty square feet if the maximum occupancy under subsection (C)(6)(c) of this section is five or fewer occupants and a minimum of one hundred fifty square feet if the maximum occupancy under subsection (C)(6)(c) of this section is six or more occupants;

b. Kitchens, common areas, and nonhabitable spaces shall not be used as dedicated sleeping areas; and

c. The maximum occupancy of the dwelling unit shall be based on the number of bedrooms contained in the unit. Maximum occupancy shall not be more than two people per bedroom plus one additional person. However, as part of the conditional use permit process, the applicant may request to increase occupancy above this standard by an additional person for any bedroom that is one hundred seventy square feet in size or larger.

D. Prohibited Uses. Short term rentals, as defined in BMC 17.04.040, are prohibited in all residential use districts and residential zones. Any use in the residential zones that is not specifically permitted or conditionally permitted shall be prohibited. (Ord. 482 § 5 (Exh. A), 2022; Ord. 475 § 5, 2021; Ord. 468 § 5 (Exh. A), 2020; Ord. 457 § 3, 2018; Ord. 445 § 4 (Exh. D), 2017: Ord. 433 § 3 (Exh. C), 2016; Ord. 351 § 4, 2007: Ord. 3381 § 1, 2006; Ord. 20X.a §§ 1, 2, 2003; Ord. 20.X § 1, 2002; Ord. 20.W §§ 9, 10, 11, 2001; Ord. 20.M § 11.1, 1991)


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    Code reviser’s note: Section 3 of Ordinance No. 338 provides as follows: “The Council does hereby direct that the Planning Commission shall conduct hearings and make a recommendation whether to make this Ordinance in addition to Conditional Uses, permanent. Following hearings by the Commission, the final recommendation by the Planning Commission shall be considered by the Council and further action taken by the Council which may include a repeal of the Emergency Ordinance, an amendment of the ordinance and other action as the Council sees fit.”