Chapter 18.30
R-40 ZONE

Sections:

18.30.010    Primary uses.

18.30.020    Accessory uses.

18.30.030    Secondary uses.

18.30.010 Primary uses.

One family dwelling unit per zoning lot or lot of record. [Ord. 246 § 5, 1991; Ord. 212 § 6(A), 1988]

18.30.020 Accessory uses.

(1) Patios and open structural ornamentation; provided, any ornamentation erected or grown within 10 feet of any building shall permit ingress and egress in the event of fire or other emergencies.

(2) Off-street parking areas, driveways and private automobile storage garages or carports shall be permitted in rear yards only for the R-40 zone, and front or rear yards for R-20 and R-20A zones, except that a private automobile storage garage or carport shall be permitted in a side yard when attached and formed as a part of the residential building, or separated by a structural breezeway and minimum setback requirements are met. Parking of vehicles on private and public property shall conform to Chapter 18.42 HPMC and all other applicable regulations.

(3) Fence or fences, which terms shall include, unless otherwise specifically noted, walls, gates, rails, hedges, barriers or other boundary structures or any combination thereof, except as follows:

(a) In the front yard: No fence situated in a front yard shall have a height above the finished grade of the ground upon which it is situated exceeding four feet measured to the highest point, except in the case of swimming pool fences, which shall be governed by Chapter 18.40 HPMC. Fences may be extended to the shoreline or face of a waterfront bulkhead when located on or within 10 feet of the side property line if provided with a safety opening at least three feet in width no more than 30 feet from the shoreline or the face of a waterfront bulkhead. Front yard fences across the waterfront shall not be located within 10 feet of the shoreline or the inside edge of a waterfront bulkhead, whichever distance is greater, and shall be provided with a safety opening at least three feet in width. Dirt or other fill under, behind, or in front of fences, or artificial mounds beneath the same shall not be deemed to be “finished grade.”

(b) Other yards:

(i) Except for lots that share a boundary with the State Route 520 (“SR 520”) Regional Bike Trail, all other fences shall not exceed six feet in height, measured to the highest point, above the finished grade of the ground upon which they are situated. Swimming pool fences which shall be governed by Chapter 18.40 HPMC are also excepted. Dirt or other fill under, behind, or in front of such fences, or artificial mounds beneath the same shall not be deemed to be “finished grade.”

(ii) For lots that share a boundary with the SR 520 Regional Bike Trail, fences shall not exceed eight feet in height on the property line shared by the SR 520 Regional Bike Trail and the lot. Fences shall be measured to the highest point, above the finished grade of the ground upon which they are situated. Swimming pool fences which shall be governed by Chapter 18.40 HPMC are also exempted. Dirt or other fill under, behind, or in front of such fences, or artificial mounds beneath the same shall not be deemed to be “finished grade.”

(c) Except for hedges, no part of a fence shall be located within 20 feet of a town right-of-way on waterfront lots and 10 feet of a town right-of-way on nonwaterfront lots.

(d) Except for hedges, all portions of such structures visible from a town roadway shall be composed of materials and colors compatible with the evergreen setting of Hunts Point and visually screened from the roadway by plantings obscuring 75 percent of the visible structure at all times of the year. Such plant screening shall be at least 50 percent evergreen and be effectively complete or grown within three years of the date the structure is completed. Screen plantings shall be maintained at this minimum screening level thereafter.

(e) In the event that a fence is finished on only one side, the finished side of such fence shall face away from the property being fenced.

(f) Gates constructed for security purposes across a driveway from the public right-of-way shall permit immediate access for police, fire, ambulance, and other emergency vehicles.

(4) Greenhouses and buildings erected for the storage of landscaping and gardening equipment, which equipment is used only for the purpose of maintaining the zoning lot upon which it is located, provided that such buildings shall only be permitted in the rear yard but may be structurally a part of any permitted building.

(5) Any two or three secondary and accessory buildings may be structurally combined; provided, however, that not more than two separate buildings, excluding the primary residential building and all covered moorage, shall be permitted on any zoning lot. The combined total floor area of all secondary and accessory buildings shall not exceed five percent of the total lot area. This subsection does not apply to garages.

(6) Pump houses or other structures for enclosure of mechanical equipment, whether roofed or open, provided that:

(a) No part of the structure shall be placed within 10 feet of the shoreline or face of a waterfront bulkhead.

(b) No part of the structure shall be placed within the side or rear lot line setbacks as required for other structures.

(c) The structure shall not exceed the height limit for fences in front, rear, and side yards.

(d) The structure shall be screened by evergreen plantings so that no part of the structure is visible from a point five feet above either the mean water level of Lake Washington or the finished grade of neighboring properties at the property line. [Ord. 499 § 1, 2014; Ord. 344 § 1, 1998; Ord. 304 § 7, 1996; Ord. 246 § 5, 1991; Ord. 212 § 6(B), 1988]

18.30.030 Secondary uses.

(1) Guest houses: Permitted only in a rear yard, provided that such houses shall have the same side lot line setback as the primary dwelling and minimum front and rear setbacks of 50 feet from any lot line or other structure, and provided further that the total floor area of such house shall not exceed 25 percent of the total floor area of the primary residential building. All guest houses shall observe the same height restrictions as primary dwellings in the R-20 and R-20A zones. A guest house shall only be used as a living unit for guests and members of the family which occupy the primary residential building. Guest houses shall not be used for rental purposes.

(2) Living accommodations may be provided for domestic service workers, gardeners and caretakers, employed on the property: Permitted either in a separate building conforming to the yard requirements of a guest house, or in a portion of any accessory or secondary building or in the primary residential building.

(3) Hobby shops: Permitted as a use in any accessory or secondary building or in the primary residential building. Any hobby conducted out of doors shall be so screened as to be obscured from public right-of-way and adjoining properties.

(4) Repealed by Ord. 301.

(5) Waterfront structures: See Chapter 18.40 HPMC.

(6) Animals: Permitted on any zoning lot and in any primary, secondary, or accessory building, provided that no more than two dogs or two cats shall be kept on any zoning lot except for breeding litters under the age of six months and provided further that none of the following shall be permitted: horses, cattle, asses, sheep, goats, swine, domestic fowl, or nondomestic animals.

(7) Swimming pools: See Chapter 18.40 HPMC.

(8) Game courts: See Chapter 18.40 HPMC. [Ord. 304 § 8, 1996; Ord. 301 § 6, 1996; Ord. 212 § 6(C), 1988]