Chapter 19.22


19.22.010    General applicability.

19.22.020    Yards and open spaces.

19.22.030    Greater yard and open space requirements include minimum requirements.

19.22.040    Use limitations on corner lots.

19.22.050    Permitted intrusions into required yards.

19.22.060    Ham radio antennas and satellite dishes.

19.22.080    Vegetation maintenance.

19.22.120    Accessory use requirements.

19.22.130    Accessory dwelling units.

19.22.140    Stormwater retention.

19.22.150    Multiple structures or uses on one building lot.

19.22.160    Flag lots.

19.22.010 General applicability.

Each zone code shall be subject to the general provisions, conditions, and exceptions contained in this chapter except where a specific provision of the zoning code applicable to said zone shall prevail. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 5, 1981. Formerly 19.24.010).

19.22.020 Yards and open spaces.

Except as provided in this chapter, every required yard and open space shall be open and unobstructed from the ground to the sky. No yard or open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building and no yard or open space on any lot or parcel shall be considered as providing a yard or open space on an adjoining lot or parcel whereon a building is to be erected; provided, however, shrubs, trees and other vegetation shall be allowed in open space. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 5, 1981. Formerly 19.24.020).

19.22.030 Greater yard and open space requirements include minimum requirements.

Wherever in this title a particular use, or a building in connection with a particular use, is specifically required to observe a distance from any boundary property line or other building or buildings on the site greater than the minimum standard required yard or open space set forth for the zone, such greater distance is intended to apply only to the particular building, buildings or use involved and the standard required minimum yards and open spaces required for the zone, if any, shall be included as a part of the greater required distance or open space for the specific building, buildings or use. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 5, 1981. Formerly 19.24.030).

19.22.040 Use limitations on corner lots.

On every corner lot within the triangle formed by the street lines of such lot and a line drawn between points on such lines which are 30 feet from the intersection thereof, there shall be no structure or planting of such nature and dimension as to obstruct lateral vision other than a post, column, or trunk of a tree (but no branches or foliage) which is of greater than one foot in cross-section or diameter. Such lateral vision shall be maintained between two horizontal planes, one of which is two and one-half feet, and the other which is 10 feet above the centerline grade of existing streets.

Since the purpose of this provision is to promote public safety by preserving reasonable sight distance for vehicular traffic at street intersections, the superintendent of public works may vary the specific requirements in those circumstances where structures of plantings between the two horizontal planes do not in fact interfere with sight distances. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 5, 1981. Formerly 19.24.040).

19.22.050 Permitted intrusions into required yards.

The following intrusions may project into any required yards:

(1) Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part: one-foot projection;

(2) Uncovered porches, platforms and decks that are less than 30 inches above grade may intrude no closer than five feet to the side lot line and six feet into the front lot setback area;

(3) Planting boxes or masonry planters not exceeding 42 inches in height may extend into any required front yard;

(4) Roof overhangs, eaves, dormers, windows, window casings, rain gutters and down spouts and other unoccupied fixtures or portions of buildings: 30-inch projection;

(5) Existing outbuildings which are legally nonconforming solely by reason of their intrusion into the required yard setback may be relocated and/or reconstructed within the same yard only in accordance with the following criteria:

(a) The affected substandard setback area is not further reduced in size;

(b) The floor area of the outbuilding located within the substandard yard is not increased;

(c) Relocation occurs only within the same yard and does not result in nonconformity with regard to another required yard or zoning standard; and

(d) That the relocation or reconstruction would not substantially hinder or impair any other stated goal of the zoning code. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 17-94 § 1, 1994; Ord. 3-89 § 1, 1989; Ord. 1-88 § 1, 1988; Ord. 1020 § 5, 1981. Formerly 19.24.050).

19.22.060 Ham radio antennas and satellite dishes.

(1) Ham radio antennas:

(a) Shall be located on site, the maximum distance reasonably possible from neighboring residential structures.

(b) Shall have a limited height subject to height restrictions of residential appurtenances specified under BMC 19.20.010(1)(c) to reduce visual impact on the neighborhood, and provide the service to the user.

(2) Satellite dishes:

(a) For buildings with pitched roofs: shall be located away from the streetscape, on the rear or sides of the structures and below the roof tops if at all possible.

(b) For buildings with flat roofs: shall be located on the flat roof behind parapet walls or screens fronting onto streets, and not visible from the streetscape.

(c) Satellite dish antennas shall be less than two feet in diameter when located in nonresidential districts, and satellite dish antennas in residential areas shall be less than two feet in diameter. Within the downtown review district, satellite dish antennas less than two meters in diameter are permitted for television reception only, subject to prior approval of a conditional use permit by the designated decision maker. (Ord. 02-18 § 5, 2018; Ord. 22-08 § 1 (Exh. A), 2008).

19.22.080 Vegetation maintenance.

Any shrubs and trees used in any zone for landscaping and/or screening shall be maintained in a healthy growing condition. Dead or dying shrubs or trees shall be replaced as soon as possible and the planting area shall be maintained reasonably free of weeds and trash. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 5, 1981. Formerly 19.24.070).

19.22.120 Accessory use requirements.

(1) Uses Accessory to Residential Uses.

(a) Detached accessory structures larger than 120 square feet (garages, carports, workshops, etc.) shall:

(i) Comply with the required front yard building setback of their respective zones;

(ii) Maintain a 10-foot minimum setback from the primary structure;

(iii) Maintain five-foot side and rear yard setbacks except where the structure is a garage accessed from an alleyway or is playground equipment;

(iv) Have no portion of the structure, such as eaves, closer than three feet from any property line;

(v) Be designed compatibly to the primary structure (e.g., color, window treatment, siding, masonry) and meet the requirements of BMC 19.20.010(1); and

(vi) Have a minimum 15-foot setback from a front property line if structure constitutes children’s large play equipment.

(b) Detached accessory structures including, but not limited to, garden sheds, storage sheds, and other accessory buildings may be placed in the required side and/or rear yard setback up to five feet from the side or rear lot line, or a yard that abuts an alley, subject to the following requirements:

(i) The total area of the accessory structures shall be no larger than 120 square feet in gross floor area.

(ii) The accessory structure shall be set back at least six feet from any dwelling unit.

(2) Uses Accessory to Commercial Uses. Uses accessory to established commercial uses shall not be visible from the street and shall be visibly hidden either by the structure housing the primary use or landscaping approved by the planning director.

(3) Uses Accessory to Uses in the P and/or S Zones.

(a) More than one primary use may be allowed on any parcel within either the P or S zones.

(b) More than one accessory use may be allowed on any parcel within either the P or S zones.

(c) Accessory uses shall be set back from the property lines and screened with landscaping materials as if they were primary uses. (Ord. 01-13 § 10, 2013; Ord. 22-08 § 1 (Exh. A), 2008).

19.22.130 Accessory dwelling units.

Accessory dwelling units are permitted outright in all residential zoning districts that permit single-family homes, and may be developed with new or existing single-family homes. The development standards of the underlying zoning district and the following siting and performance standards shall apply to all accessory dwelling units as defined by BMC 19.12.025:

(1) The primary residence or accessory dwelling unit shall be the principal place of residence for the homeowner.

(2) Only one accessory dwelling unit is permitted per single-family residence.

(3) An accessory dwelling unit shall not be larger than 50 percent of the square footage of the single-family home, with garage space not being included in the calculation. In no case shall the accessory dwelling unit be more than 800 square feet, nor less than 300 square feet, nor have more than two bedrooms.

(4) Exterior Appearance/Modifications.

(a) Any alterations shall not change the appearance from that of a single-family residence, as determined by the planning director.

(b) Only one exterior entrance is allowed to the accessory dwelling unit and it can be located no closer than 10 feet to an adjoining property line.

(c) Any exterior stairs shall be placed in the rear or side yard and are no closer than 10 feet to an adjoining property line.

(d) Where garage space is converted to living space, the garage door shall be replaced with materials that match the exterior of the house.

(e) There shall be only one front door facing the street from the two residences (primary and accessory residences).

(5) Parking Requirements.

(a) The parking required for the existing single-family home must meet all requirements of the zoning code including amount, size and setback requirements in order for an accessory dwelling unit to be allowed.

(b) One additional parking space, beyond those required for the primary single-family home, is required for an accessory dwelling unit. The additional parking space must also meet all requirements of the zoning code.

(c) Newly created parking shall make use of existing curb cuts, when possible.

(6) An accessory dwelling unit may not be sold as a separate piece of property, or as a condominium unit, unless allowed by the existing zoning on the property.

(7) Any homeowner seeking to establish an accessory dwelling unit shall apply for approval in accordance with the following procedures:

(a) The homeowner shall apply for an accessory dwelling unit permit with the building division. A complete application shall include a properly completed application form, floor and structural plans, fees and an affidavit of owner residency. The affidavit of owner residency must be signed before a notary public affirming that the owner meets the requirements of subsections (1) through (5) of this section.

(b) Before issuance of the accessory dwelling unit permit, the homeowner must provide a copy of a statement recorded with the county records and elections office. The statement must read:

A permit for an accessory dwelling unit has been issued, by the city of Buckley, to the owner of this property. Future owners are advised that the owner of the property must comply with all requirements of section 19.22.130 of the Buckley Zoning Code, as amended, if the accessory dwelling unit is to be occupied or rented.

(8) If an accessory dwelling unit is to be removed, appropriate permits and inspections must first be received from the Buckley building official. If a homeowner wants to remove the statement as required by subsection (7)(b) of this section from the property’s title, then the city shall issue an appropriate release upon evidence that the accessory dwelling unit has been removed. The release shall be recorded, by the homeowner, with the county records office and a copy of the recorded release shall be provided to the Buckley building official. (Ord. 22-08 § 1 (Exh. A), 2008).

19.22.140 Stormwater retention.

Standards for stormwater retention shall be as specified under Chapters 14.30 and 17.08 BMC. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 19-97 §§ 19, 20, 1997. Formerly 19.24.140).

19.22.150 Multiple structures or uses on one building lot.

There may be more than one principal or conditional use or more than one principal building out of which the principal uses or conditional uses are conducted on a single lot if, and only if, all the following conditions are met:

(1) The use is other than for single-family dwellings; and

(2) The use is a permitted use within the zone; and

(3) All setback requirements for the particular zone are met; and

(4) All population density requirements for the particular zone are met; and

(5) The structures are so placed as to assure, in the opinion of the fire chief, safe access for firefighting purposes.

(6) All structures maintain a minimum separation distance that complies with the International Fire Code. (Ord. 02-22 § 8, 2022; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 19-86 § 1, 1986. Formerly 19.24.150).

19.22.160 Flag lots.

Flag lots shall meet the following criteria:

(1) No other lot shall be provided access via the flag lot;

(2) Flag lots can only be utilized for single-family or duplex dwellings;

(3) The lot, exclusive of its driveway, must meet lot dimension requirements for the zone in which it is to be located;

(4) Setback Requirements.

(a) For flag lots that are not further sub-dividable all property lines shall be side lot lines. The lot width and lot depth requirements shall be as determined by the director;

(b) For subdividable flag lots, the front lot line shall be parallel to the access drive; the rear lot line shall be opposite the front lot line; all other lot lines shall be sides;

(5) The access driveway width shall not be less than 30 feet and this access driveway length shall be no longer than two times the minimum required lot width within the zone in which the flag lot is to be located; provided, however, that there shall be no maximum access driveway length on any lot located within the R-20,000 zone serving a single-family dwelling;

(6) The access driveway shall be owned by and maintained by the lot owner to the boundary to the public street right-of-way;

(7) A sign with numbering not less than three inches in height shall be maintained at the public street right-of-way, said sign containing the address for the flag lot;

(8) Improvements to the margin of the public street shall be in accordance with zoning code requirements for the zone in which the flag lot is located and shall be completed as a portion of the platting process in which the lot is created;

(9) Improvements to the public street right-of-way that abuts the flag lot shall be the improvements required for any other subdivision within the zone;

(10) Minimum driving surface on the driveway shall be 20 feet in width and constructed of two-inch asphalt concrete pavement or permeable pavement pursuant to the city design and construction standards in the R-6,000, R-8,000, NMU, and HDR zones. Crushed gravel surface will be allowed within the R-20,000 zone;

(11) Storm drainage and retention/detention facilities shall be installed in accordance with the city design and construction standards;

(12) Minimum clear, vertical clearance for one vehicle, eight feet in width, shall be 14.5 feet;

(13) There shall be no parking on the access driveway; and

(14) There shall be a vehicular turn-around area adjacent to the garage on each flag lot to permit adequate vehicular access to the public or private street or accessway. (Ord. 15-17 § 4, 2017; Ord. 27-16 § 9, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 13-92 § 2, 1992; Ord. 2-89 § 1, 1989; Ord. 23-87 § 5, 1987. Formerly 19.24.160).


Prior legislation: Ords. 16-87, 27-89, 02-01 and 07-01.