40.220.010    Single-Family Residential Districts (R1-20, R1-10, R1-7.5, R1-6 and R1-5)

A.    Purpose.

1.    The R1-20, R1-10 and R1-7.5 districts are intended to:

a.    Recognize, maintain and protect established low-density residential areas.

b.    Establish higher densities where a full range of community services and facilities are present or will be present at the time of development.

c.    Provide for additional related uses such as schools, parks and utility uses necessary to serve immediate residential areas.

2.    The R1-6 and R1-5 districts are intended to provide for higher single and duplex densities where a full range of community services and facilities are present or will be present at the time of development.

(Amended: Ord. 2018-10-02; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2020-12-02)

B.    Uses.

    The uses set out in Table 40.220.010-1 are examples of uses allowable in single-family residential zone districts. The appropriate review authority is mandatory.

•    “P” – Uses allowed subject to approval of applicable permits.

•    “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.

•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.

•    “X” – Uses specifically prohibited.

Where there are special use standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.

Table 40.220.010-1. Uses
	R1-20	R1-10	R1-7.5	R1-6	R1-5	Special Standards
1.    Residential.
a.    Single-family detached dwellings	P	P	P	P	P
b.    Accessory uses and structures normal to a residential environment	P	P	P	P	P	40.260.010
c.    Accessory dwelling units	R/A	R/A	R/A	R/A	R/A	40.260.020
d.    Duplex dwellings	X	X	X	P1	P1
e.    Family day care centers	P	P	P	P	P	40.260.160
f.    Adult family homes	P	P	P	P	P	40.260.190
g.    Home business – Type I	P	P	P	P	P	40.260.100
h.    Home business – Type II	R/A	R/A	R/A	R/A	R/A	40.260.100
i.    Bed and breakfast establishments (up to two (2) guest bedrooms)	R/A	R/A	R/A	R/A	R/A	40.260.050
j.    Bed and breakfast establishments (three (3) or more guest bedrooms)	C	C	C	C	C	40.260.050
k.    Garage sales	P	P	P	P	P	40.260.090
l.    Manufactured home parks	X	X	X	X	X
m.    Residential P.U.D.	R/A	R/A	R/A	R/A	R/A	40.520.080
n.    Single-family attached dwelling units (townhouses)	R/A2	R/A2	R/A2	R/A2	R/A2	40.260.155 40.520.080
o.    Zero lot-line developments	X	X	R/A	R/A	R/A	40.260.260
p.    Residential care homes and facilities	C	C	C	C	C	40.260.077 40.260.180
q.    Temporary dwellings	P	P	P	P	P	40.260.210
r.    Cottage housing	X	X	P	P	P	40.260.073
s.    Staffed residential homes	C	C	C	C	C	40.260.205
2.    Services, Business.
a.    Temporary modular tract sales and construction offices	P	P	P	P	P
b.    Model homes	P	P	P	P	P	40.260.175
c.    Roadside farm stand	P	P	P	P	P	40.260.025
d.    Agricultural market	P	P	P	P	P	40.260.025
3.    Services, Amusement.
a.    Private recreation facilities	C3	C3	C3	C3	C3
b.    Circuses, carnivals or amusement rides	R/A	R/A	R/A	R/A	R/A
4.    Services, Membership Organization.
a.    Churches	C	C	C	C	C	40.260.070
5.    Services, Educational.
a.    Commercial day care centers7	C	C	C	C	C	40.260.160
b.    Grade K – 5 public and private schools, including preschools	P	P	P	P	P	40.260.160
c.    Grade 6 – 12 public and private schools	C	C	C	C	C
d.    Business, dancing and technical schools	X	X	X	X	X
e.    Public park and public recreational facilities7	P	P	P	P	P	40.260.157
f.    Parks7	P	P	P	P	P	40.260.157
6.    Public Service and Facilities.7						40.230.090 40.260.077
a.    Ambulance dispatch facilities7	C	C	C	C	C	40.260.030
b.    Government facilities7	C4	C4	C4	C4	C4	40.260.077
7.    Resource Activities.
a.    Agricultural	P	P	P	P	P	40.260.040
b.    Silviculture	P	P	P	P	P	40.260.080
8.    Other.
a.    Cemeteries and mausoleums	C5	C5	C5	C5	C5
b.    Utilities, other than wireless communications facilities	P	P	P	P	P	40.260.240
c.    Solid waste handling and disposal sites	C	C	C	C	C	40.260.077 40.260.200
d.    Wireless communications facilities	P/C6	P/C6	P/C6	P/C6	P/C6	40.260.250
e.    Temporary uses	P	P	P	P	P	40.260.220
f.    Electric vehicle infrastructure	P	P	P	P	P	40.260.075
g.    Medical marijuana cooperative	X	X	X	X	X	40.260.115
h.    Marijuana production facilities	X	X	X	X	X	40.260.115
i.    Marijuana processor 1 facilities	X	X	X	X	X	40.260.115
j.    Marijuana processor 2 facilities	X	X	X	X	X	40.260.115
k.    Marijuana retailer facilities	X	X	X	X	X	40.260.115

1Duplexes permitted on corner lots.

2Attached single-family dwellings allowed in PUD development only.

3Including golf courses and country clubs, but not including such intensive recreation uses as a golf driving range (unless within a golf course), race track, amusement park or gun club.

4Not including storage or repair yards, warehouses, or similar uses.

5Including crematoria, columbaria, and mortuaries within cemeteries; provided, that no crematorium is within two hundred (200) feet of a lot in a residential district.

6See Table 40.260.250-1.

7 Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the Public Facilities zone.

(Amended: Ord. 2004-06-11; Ord. 2004-09-02; Ord. 2005-04-12; Ord. 2007-06-05; Ord. 2009-06-01; Ord. 2010-08-06; Ord. 2011-06-14; Ord. 2011-08-08; Ord. 2011-12-09; Ord. 2012-02-03; Ord. 2012-02-08; Ord. 2012-06-02; Ord. 2012-12-23; Ord. 2013-07-08; Ord. 2014-05-07; Ord. 2014-11-02; Ord. 2016-06-12; Ord. 2018-10-02; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2020-12-02; Ord. 2023-11-28)

C.    Development Standards.

1.    New lots and structures and additions to structures subject to this chapter shall comply with the applicable standards for lots, building height and setbacks in Tables 40.220.010-2 and 40.220.010-3, subject to the provisions of Chapter 40.200 and Section 40.550.020.

2.    An exception to the maximum average lot size may be granted for a short plat creating lot(s) for an existing legal residence(s) and one (1) remainder lot subject to the following:

a.    For a two (2) lot short plat with one (1) existing residence, neither the lot with the residence nor the remainder lot must meet the maximum average lot area.

b.    When three (3) or more lots are created, only those lots with existing residences are exempted from maximum lot area average calculations.

c.    The resulting plat shall contain a plat note specifying that this exception may not be used for any further divisions of the subject lots.

3.    Lots created for drainage facilities, parks, open space, wetlands and buffers or utilities shall not be subject to maximum lot size requirements.

4.    Where permitted, townhouses shall be subject to the requirements in Sections 40.220.020(C)(4) and 40.260.155.

(Amended: Ord. 2004-06-11; Ord. 2007-06-05; Ord. 2009-03-02; Ord. 2009-06-01; Ord. 2011-03-09; Ord. 2020-12-02)

 

Table 40.220.010-2. Lot Requirements
Zoning District	Residential Density for PUDs (d.u./acre)1	Minimum Lot Area (sq. ft.)	Maximum Average Lot Area (sq. ft.)	Average2,3 Minimum Lot Width (feet)	Average2,3 Minimum Lot Depth (feet)
R1-20	2.2 – 1.4	20,000	30,000	100	100
R1-10	4.4 – 2.9	10,000	15,000	80	90
R1-7.5	5.8 – 4.1	7,500	10,500	50	90
R1-6	7.3 – 5.1	Average 6,000; 5,000 per duplex unit	8,500	50	90
R1-5	8.7 – 6.2	Average 5,000; 4,000 per duplex unit	7,000	45	65

1 The maximum and minimum density is for the purpose of calculating densities for planned unit developments. Densities shall be calculated based on the gross area of the site minus any public rights-of-way, private road easements, or street tracts.

2 Average for each individual lot.

3The average minimum lot width and depth should be calculated for lots that abut pedestrian accessways to include one-half (1/2) of the pedestrian accessway in a tract when the pedestrian accessway is required per Section 40.350.015(E).

(Amended: Ord. 2007-06-05; Ord. 2009-03-02; Ord. 2009-06-01; Ord. 2010-08-06; Ord. 2020-12-02)

Table 40.220.010-3. Setbacks, Lot Coverage and Building Height
Zoning District	Minimum Setbacks				Maximum Lot Coverage13	Maximum Building Height (feet)
	Front3 (feet)	Side4,5,10,11,12		Rear4,5,10,11 (feet)
		Street (feet)	Interior (feet)
R1-20	108	10	109	20	50%1	357
R1-10	108	10	79	15	50%1	357
R1-7.5	108	10	5	10	50%1	357
R1-6	108	10	5	10	50%2	357
R1-5	108	10	5	10	50%2	357

1 Carports and solar energy systems are excluded from this provision; provided, that the total lot coverage limitation is not exceeded by more than ten percent (10%) as a result of these exceptions.

2 Solar energy systems are excluded from this provision; provided, that the total lot coverage limitation is not exceeded by more than ten percent (10%) as a result of this exception.

3 Front setbacks shall be measured from the edge of any street right-of-way, street tract, street easement, or driveway easement that provides access to the lot, including any separate pedestrian easement that may exist between a street and the front setback line.

4 Setbacks to driveway and pedestrian easements that do not provide access to a subject lot shall be a minimum of five (5) feet.

5 Setbacks from alleys to all structures including entrances to garages shall be a minimum of five (5) feet.

6 Reserved.

7 Accessory buildings shall meet the height requirements of Section 40.260.010(D).

8 Front setbacks for garage fronts in these zones shall be a minimum of eighteen (18) feet. Sides and rear of garages that have no driveway access may use the ten (10) foot living space setback.

9 The minimum setbacks for interior side yards on pie-shaped lots shall be five (5) feet.

10 Side and rear setbacks from abutting property zoned for natural resource or surface mining uses shall be a minimum of fifty (50) feet for all structures.

11 Increased setbacks apply for structures housing large urban livestock. See Section 40.260.235.

12 Interior side setbacks for lots that abut pedestrian accessways in a tract may be reduced by fifty percent (50%) when pedestrian accessways are required per Section 40.350.015(E).

13 Lot coverage for lots that abut pedestrian accessways may be increased by ten percent (10%) when pedestrian accessway in a tract or easement are required per Section 40.350.015(E).

(Amended: Ord. 2007-06-05; Ord. 2010-08-06; Ord. 2011-08-08; Ord. 2012-12-23; Ord. 2014-01-08; Ord. 2020-12-02)

5.    Density Transfer.

a.    Purpose. To achieve the density goals of the comprehensive plan with respect to the urban area, while preserving environmentally sensitive lands and the livability of the single-family residential neighborhoods, while also maintaining compatibility with existing residences.

b.    The density for property developed in single-family zone districts, if encumbered by land identified as sensitive due to the presence of steep slopes, unstable land, historical or archaeological sites, wetlands and buffers, regional stormwater facilities, or other permanent physical development limitations as may be determined by the responsible official or land voluntarily set aside for open space or commons as approved by the responsible official, from the gross acreage may be transferred to the remaining unencumbered land areas on the same development site, subject to the following limitations:

(1)    Easements established for utility transmission lines such as Bonneville Power Administration (BPA), PacifiCorp a.k.a. Pacific Power (formally known as PP&L), Clark Public Utilities, and NW Natural can not be utilized for density transfer.

(2)    Maximum Number. The maximum number of units that can be achieved on the site is based on the density in Table 40.220.010-4, multiplied by the gross acreage of the entire site, both encumbered and unencumbered, without deducting for road easements or right-of-way. The potential maximum number of lots will be dependent upon site characteristics and the lot requirements of Table 40.220.010-4.

(3)    The minimum lot depth of any lot abutting environmentally sensitive lands shall be fifty-five (55) feet.

(4)    For parent parcels larger than two and one-half (2.5) acres:

(a)    The resulting lots which abut R1-5, R1-6, R1-7.5, R1-10 or R1-20 zoned lots or parcels shall:

(i)    Be at least ninety percent (90%) of the minimum lot area standard for the subject parcel;

(ii)    Have a lot depth of not less than eighty percent (80%) of the minimum lot depth of the subject parcel;

(iii)    Have a minimum lot width not less than ten (10) feet from the minimum lot width of the subject parcel.

(b)    The resulting lots which are interior (not a part of the parent parcel abutting an adjacent property line) to the site shall conform to the lot requirements set out in Table 40.220.010-4.

(5)    For parent parcels two and one-half (2.5) acres or less, all lots, both exterior and interior, to be created shall conform to the lot requirements in Table 40.220.010-4.

(6)    This density transfer development provision may not be used in association with the provisions of Section 40.520.080.

(7)    A recorded covenant shall be placed on those areas or tracts from which density is transferred prohibiting any development of the parcel or tract inconsistent with its intended use.

(8)    Subdivision lots shall be subject to the maximum average lot area provisions of the underlying zone.

(Amended: Ord. 2004-06-11; Ord. 2007-06-05; Ord. 2007-11-13; Ord. 2011-08-08)

Table 40.220.010-4. Density Transfers
Zoning District	Maximum Density (d.u./acre)3	Minimum Useable Lot Area1 (square feet)	Average4 Lot Width2 (feet)	Average4 Lot Depth1 (feet)
R1-5	6.9	2,250	35	50
R1-6	5.8	2,500	40	50
R1-7.5	4.6	3,000	50	50
R1-10	3.5	4,000	70	50
R1-20	1.7	4,500	90	50

1 Minimum useable area is that portion of the lot which is unencumbered by the land voluntarily set aside, environmentally sensitive lands to be protected and their respective buffers, and shall exclude setbacks and easements. [Example: A typical five thousand (5,000) square foot lot would have three thousand (3,000) square feet of useable area, even if unencumbered by environmentally sensitive lands.]

2 May be reduced subject to the provisions of this chapter and the variance procedures.

3 The maximum density rates apply to the overall gross acreage of the site, whether encumbered or not. The actual maximum number of lots that may be achieved is also dependent on the other requirements of this table. The maximum density rates are based upon dividing the gross acres by the minimum lot size in the zone, minus twenty percent (20%) which would normally be devoted to road right-of-way or road easements in a typical subdivision.

4 Average for each individual lot.

6.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.

7.    Off-Street Parking. Off-street parking shall be provided as required in Chapter 40.340.

8.    An exemption to the maximum lot size shall be granted for parcels incapable of division into three (3) lots due to minimum lot size requirements but would not meet maximum lot size requirements for a two (2) lot division.

(Amended: Ord. 2005-04-12; Ord. 2007-06-05)