Chapter 18.21 RESIDENTIAL ZONES

Chapter 18.21
RESIDENTIAL ZONES

Sections:

18.21.020 Residential zones R-1, R-4 and R-6 – Use allowances.

18.21.030 Residential zones R-1, R-4 and R-6 – Development standards.

18.21.040 Residential zones R-12, R-18 and R-24 – Use allowances.

18.21.045 Residential zone MHC – Use allowances.

18.21.050 Residential zones R-12, R-18, R-24, R-48, and MHC – Development standards.

18.21.055 MHC zoning exception.

18.21.060 Nonresidential land uses in residential zones.

18.21.070 Personal service, eating and drinking place and retail sales uses in R-4 through R-24 zones.

18.21.073 Accessory uses.

18.21.075 Drive-through service.

18.21.078 Outdoor storage.

18.21.080 Wireless communication facilities.

18.21.020 Residential zones R-1, R-4 and R-6 – Use allowances.

The following uses listed in Table A are identified as permitted, conditionally permitted, or prohibited uses in residential zones R-1, R-4 and R-6:

Table A. R-1, R-4 and R-6 Zones Use Allowances
PERMITTED	CONDITIONALLY PERMITTED	PROHIBITED
Air transportation service1	Ambulatory surgery center25	Adult entertainment business
Arts, entertainment, indoor2,3	Arts, entertainment, outdoor26	Animal kennel/shelter
Day care4	Cemetery, columbarium or mausoleum27	Auction house
Educational service5	College/university25	Automotive sales and service, marine
Family child-care home6	Community residential facility28	Automotive sales and service, non-marine
Fire or police facility7,8	Eating and drinking place3,29	Business service, intensive
Health care and social assistance9,10	Hospital25	Business service, standard
Multiple-family dwelling11	Manufactured housing community30	Construction and trade
Office12	Personal service31	Funeral home/crematory
Park13	Recreational facility, indoor3,16,32	Laboratory
Recreational facility, outdoor14,15,16	Regional land use33,34,35	Manufacturing, heavy
Religious institution17	Retail sales31,36	Manufacturing, light
Resource land use18	Temporary lodging37	Marijuana business
Single detached dwelling unit19,20		Marijuana cooperative
Standalone parking21		Mobile food service
Supportive living facility22		Retail sales, bulk
Utility facility23,24		Secure facility
		Transportation
		Vehicle or equipment rental
		Vehicle refueling station
		Warehousing
		Wholesale trade

1. One single-engine, noncommercial seaplane shall be permitted only on lots that abut a waterbody, provided there are (a) no aircraft sales, service, repair, charter, or rental; and (b) no storage of aviation fuel except that contained in the tank or tanks of the aircraft. A helistop at an emergency medical evacuation site in conjunction with a police, fire or health service facility is a conditional use. All other air transportation service uses are prohibited.

2. Only (a) in a building listed on the National Register as a historic site or designated as a City landmark; (b) as a re-use of a surplus nonresidential facility; or (c) as a joint use of an existing public school facility. All subject to Chapter 18.50 KMC. Otherwise, a conditional use.

3. Social card games are prohibited.

4. Permitted only as a re-use of a public school facility subject to Chapter 18.50 KMC, or an accessory use to a school, religious institution, park, sports club or public housing administered by a public agency, and:

a. Outdoor play areas shall be completely enclosed by a solid wall or fence, with no openings except for gates and have a minimum height of six feet;

b. Outdoor play equipment shall maintain a minimum distance of 20 feet from property lines adjoining residential zones;

c. Direct access to a developed arterial street shall be required in any residential zone; and

d. Hours of operation may be restricted to assure compatibility with surrounding development.

All other day care uses require a conditional use permit.

5. K-12 facilities only. All other educational service uses require a conditional use permit.

6. A family child-care home is subject to the requirements established by the Washington State Department of Early Learning (DEL) in WAC Title 170. The family child-care home shall meet the following requirements:

a. The family child-care provider shall be licensed by DEL to operate a family child-care home;

b. A safe passenger loading area shall be provided;

c. The family child-care home shall comply with all applicable building, fire, safety, and health codes enforced by the City;

d. The family child-care home shall comply with all applicable development standards of the City, unless determined to be legally nonconforming;

e. All signage shall conform to the applicable requirements of Chapter 18.42 KMC;

f. The City has the authority to limit the hours of operation to facilitate neighborhood compatibility; and

g. Prior to receiving State licensing, the family child-care provider shall provide the City with proof of written notification informing immediately adjoining property owners of the intent to locate and maintain the family child-care home. The notification shall inform the notified parties that comments may be submitted to the DEL and provide contact information for submitting such comments to the DEL. The proof of notification shall be in the form of a written affidavit containing (1) the date and means of notification; (2) a copy of the notification; and (3) a list of the parties to whom the notification was distributed.

7. Limited to “storefront” police offices. Such offices shall not have:

a. Holding cells;

b. Suspect interview rooms; or

c. Long-term storage of stolen properties.

All other fire or police facility uses require a conditional use permit, except police or fire training facilities, such as shooting ranges, auto test tracks, and fire suppression simulations, which are prohibited.

8. For conditionally permitted fire facilities:

a. All buildings and structures shall maintain a minimum distance of 20 feet from property lines adjoining residential zones;

b. Any buildings from which firefighting equipment emerges onto a street shall maintain a distance of 35 feet from such street; and

c. No outdoor storage.

9. Only as a re-use of a public school facility. May be permitted as a conditional use if proposed as re-use of a surplus nonresidential facility. All subject to Chapter 18.50 KMC.

10. Veterinary clinics are prohibited.

11. Townhouse units only permitted and only on lots in a subdivision or short subdivision designed for townhouse units. Other townhouse units require a conditional use permit. Apartments are prohibited.

12. Public agency or utility office permitted only as a re-use of a public school facility or a surplus nonresidential facility subject to the provisions of Chapter 18.50 KMC. Otherwise, public agency or utility office is a conditional use. All other office uses are prohibited.

13. The following conditions and limitations shall apply, where appropriate:

a. Lighting for structures and fields shall be directed away from residential areas;

b. Structures or service yards shall maintain a minimum distance of 50 feet from property lines adjoining residential zones, except for structures in on-site recreation areas provided under KMC 18.30.130 or Chapter 20.47 KMC. Setback requirements for structures in these on-site required recreation areas shall be maintained in accordance with the zoning standards for the underlying residential zone.

14. Limited to stable and covered riding arena. All other outdoor recreational facility uses require a conditional use permit except campground, RV park, and shooting range which are prohibited.

15. Covered riding arenas are subject to KMC 18.70.030 and shall not exceed 20,000 square feet unless a conditional use permit is obtained. Stabling areas, whether attached or detached, shall not be counted in this calculation.

16. Conditionally permitted recreational facilities are subject to the following conditions and limitations:

a. The bulk and scale shall be compatible with residential character of the area;

b. The gross floor area shall not exceed 10,000 square feet unless the building is on the same site or adjacent to a site where a public facility is located or unless the building is a nonprofit facility; and

c. Use is limited to residents of a specified residential development or to sports clubs providing supervised instructional or athletic programs.

17. Only as a re-use of a public school facility subject to Chapter 18.50 KMC. Otherwise, a conditional use permit is required.

18. Farming is permitted. All other resource land uses require a conditional use permit, except mineral extraction, which is prohibited.

19. More than one single detached dwelling unit may be allowed on an individual lot through the conditional use permit process. A conditional use permit is not required for lots in subdivisions, short subdivisions or binding site plans approved as multiple unit lots or for accessory dwelling units.

20. Manufactured homes and mobile homes are allowed only in manufactured housing communities. Designated manufactured homes are not restricted to manufactured housing communities.

21. Limited to commuter parking lots for users of transit, carpools or ride-share programs, provided:

a. They are located on existing parking lots for religious institutions, schools, or other permitted nonresidential uses which have excess capacity available during commuting hours; and

b. The site is adjacent to a designated arterial that has been improved to a standard acceptable to the department.

Other commuter parking lots require a conditional use permit. All other standalone parking uses are prohibited.

22. Only in a building listed on the National Register as an historic site or designated as a King County landmark subject to the provisions of Chapter 2.20 KMC. Otherwise, a conditional use permit is required.

23. Excluding utilities using bulk gas storage tanks, which are a conditional use. Liquefied natural gas storage tanks are prohibited.

24. Private stormwater management facilities permitted except when participating in an approved shared facility drainage plan. Private stormwater management facilities shall be located on the same lot that they are designed to serve except in subdivisions or short subdivisions that set aside a separate tract for such facilities. For shared facilities, such facilities which are not located on the lot they are designed to serve shall be located on a lot with the same or more intensive zoning designation.

25. Only as a re-use of a public school facility or a surplus nonresidential facility subject to Chapter 18.50 KMC.

26. Outdoor performance center and drive-in theater are prohibited.

27. Structures shall maintain a minimum distance of 100 feet from property lines adjoining residential zones.

28. Community residential facility I only. Community residential facility II is prohibited.

29. Not permitted in R-1 and excluding drinking places, and limited to a maximum of 5,000 square feet of gross floor area and subject to KMC 18.21.070.

30. Manufactured housing communities are not permitted in the R-1 zone.

31. Not permitted in R-1 and limited to a maximum of 5,000 square feet of gross floor area and subject to KMC 18.21.070.

32. Bowling center and shooting range are prohibited.

33. Hydroelectric generation facilities limited to those that comply with the following:

a. Any new diversion structure shall not: (1) Exceed a height of eight feet as measured from the streambed; or (2) impound more than three surface acres of water at the normal maximum surface level;

b. There shall be no active storage;

c. The maximum water surface area at any existing dam or diversion shall not be increased;

d. An exceedance flow of no greater than 50 percent in mainstream reach shall be maintained;

e. Any transmission line shall be limited to a: (1) right-of-way of five miles or less; and (2) capacity of 230 kV or less;

f. Any new, permanent access road shall be limited to five miles or less; and

g. The facility shall only be located above any portion of the stream used by anadromous fish.

34. Nonhydroelectric generation facilities limited to cogeneration facilities for on-site use only.

35. Fairground, amusement park, and stadium/arena are prohibited.

36. Pet shops and auto supply stores are prohibited.

37. Bed and breakfast guesthouse only, subject to the following conditions:

a. The guesthouse shall be owner-occupied;

b. Meals shall be served to paying guests only (no restaurant use permitted);

c. The number of guestrooms shall not be greater than that authorized by the International Building and Fire Codes;

d. Parking shall be provided as required by this title; and

e. The guesthouse shall be compatible with the neighborhood character as determined by the city manager, and shall not create significant adverse neighborhood effects that cannot be mitigated.

[Ord. 19-0481 § 2 (Exh. A); Ord. 18-0463 § 3 (Exh. 2); Ord. 17-0438 § 2 (Att. A); Ord. 16-0433 § 2 (Att. A); Ord. 16-0426 § 5 (Att. C); Ord. 16-0421 § 2 (Att. A); Ord. 14-0384 § 5; Ord. 11-0329 § 3 (Exh. 1).]

18.21.030 Residential zones R-1, R-4 and R-6 – Development standards.

The following zone-specific development standards in Table B apply in the R-1, R-4 and R-6 residential zones:

Table B. R-1, R-4 and R-6 Residential Zones Development Standards
STANDARDS	R-11	R-4	R-6
Base Density: Dwelling Unit/Acre2	1 du/ac	4 du/ac3	6 du/ac
Maximum Density: Dwelling Unit/Acre4		6 du/ac	9 du/ac
Minimum Density
Minimum Lot Width6	35 ft.7	30 ft.	30 ft.
Minimum Street Setback	20 ft.7	15 ft.8,9	15 ft.8,9
Minimum Side Setback5,10	5 ft.7	15 ft. total11	15 ft. total11
Minimum Rear Setback5,10	5 ft.7	20 ft.	20 ft.
Maximum Height12	35 ft.	35 ft.	35 ft. 45 ft.13
Base Impervious Surface: Percentage	30%	45%	60%
Maximum Impervious Surface: Percentage14	30%15	55%	70%
Minimum Lot Size	2,500 sq. ft.	7,200 sq. ft.16,17	5,400 sq. ft.16,17

1 a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered when the property is located within or contains:

(1) A floodplain;

(2) A regionally or locally significant resource area;

(3) Existing or planned public parks or trails, or connections to such facilities;

(4) A Category I or II wetland or Type S or F stream;

(5) A “greenbelt/urban separator” or “wildlife corridor” area designated by the comprehensive plan.

b. The development shall be clustered away from critical areas or corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least 50 percent of the site. Open space tracts shall be permanent and meet the provisions of KMC 17.20.130.

2 Density applies only to dwelling units and not to sleeping units.

3 Manufactured housing communities shall be allowed a base density of six dwelling units per acre.

4 This maximum density may be achieved only through the application of residential density incentives pursuant to Chapter 18.80 KMC or transfers of density credits, or any combination of density incentive or density transfer. Maximum density may only be exceeded pursuant to KMC 18.80.040(E)(1)(f).

5 These standards may be modified under the provisions for zero-lot-line developments.

6 The building envelope is determined through meeting minimum lot size and minimum lot width measurement requirements (KMC 18.30.110).

7 The standards of the R-4 zone shall apply if a lot is less than 15,000 square feet in area.

8 If development provides alleys or consists of townhouses, then the street setback may equal 10 feet.

9 At least 20 linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the centerline of the driveway from the access point to such garage, carport or fenced area to the street property line.

10 Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least 26 feet as measured from the centerline of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway.

11 Any side yard shall equal a minimum of five feet but the two side yards combined must equal a minimum of 15 feet.

12 Reserved.

13 The maximum height of 45 feet to be used only for projects as follows:

a. In R-6 zones, a building with a footprint built on slopes exceeding a 15 percent finished grade.

14 Applies to each individual lot. Impervious surface area standards for:

a. Regional uses shall be established at the time of permit review;

b. Nonresidential uses in residential zones shall comply with KMC 18.21.060 and 18.30.170;

c. Individual lots in the R-4 through R-6 zones which are less than 9,076 square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 zone;

d. Lots may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit;

e. The base impervious surface percentage may be exceeded, up to the maximum impervious surface percentage, provided low impact development strategies are implemented subject to approval by the city manager.

15 Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-6 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least 10,000 square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional 10 percent of the lot area may be used for structures which are determined to be medically necessary, provided the applicant submits with the permit application a notarized affidavit, conforming with the requirements of KMC 18.100.170(A)(2).

16 For properties with critical areas or topographic constraints, up to 20 percent of the number of lots in a subdivision or a short subdivision of more than four lots, and one of the lots in a short plat of four lots or less, may contain an area less than the prescribed minimum for this zoning district. In no case shall any lots be created which contain an area more than 10 percent less than the prescribed minimum for this zoning district. These smaller lots shall be located so as to have the least impact on surrounding properties in terms of consistency of street frontages and privacy of abutting properties.

17 This excludes any area required for public or private streets, access easements, access tracts, and access panhandles.

[Ord. 19-0481 § 2 (Exh. A); Ord. 16-0433 § 2 (Att. A); Ord. 16-0428 § 13 (Att. I); Ord. 11-0329 § 3 (Exh. 1).]

18.21.040 Residential zones R-12, R-18 and R-24 – Use allowances.

The following uses listed in Table C are identified as permitted, conditionally permitted, or prohibited uses in residential zones R-12, R-18 and R-24:

Table C. R-12, R-18, and R-24 Zones Use Allowances
PERMITTED	CONDITIONALLY PERMITTED	PROHIBITED
Air transportation service1	Ambulatory surgery center25	Adult entertainment business
Arts, entertainment, indoor2,3	Arts, entertainment, outdoor26	Animal kennel/shelter
College/university4,5	Cemetery, columbarium or mausoleum27	Auction house
Community residential facility	Eating and drinking place3,28	Automotive sales and service, marine
Construction and trade6	Hospital5	Automotive sales and service, non-marine
Day care7	Personal service29	Business service, intensive
Educational service8	Recreational facility, indoor3,30,31	Business service, standard
Family child-care home9	Regional land use32	Funeral home/crematory
Fire or police facility10,11,12	Retail sales29,33	Laboratory
Health care and social assistance4,5,13	Temporary lodging34	Manufacturing, heavy
Manufactured housing community	Warehousing35	Manufacturing, light
Multiple-family dwelling		Marijuana business
Office14		Marijuana cooperative
Park15		Mobile food service
Recreational facility, outdoor16,17		Resource land use
Religious institution18		Retail sales, bulk
Single detached dwelling unit19,20		Secure facility
Standalone parking21		Transportation
Supportive living facility		Vehicle or equipment rental
Utility facility22,23,24		Vehicle refueling station
		Wholesale trade

2. Museums and libraries permitted only as accessory to a park or in a building listed on the National Register as an historic site or designated as a City landmark subject to Chapter 18.50 KMC; otherwise, a conditional use permit is required. Artist studios permitted only as a re-use of a surplus nonresidential facility subject to Chapter 18.50 KMC or as a joint use of an existing public school facility; otherwise a conditional use permit is required. For all other arts, entertainment, indoor uses, a conditional use permit is required, except theater, which is prohibited.

3. Social card games are prohibited.

4. Permitted only as a re-use of a public school facility subject to Chapter 18.50 KMC.

5. Conditionally permitted only as a re-use of a surplus nonresidential facility subject to Chapter 18.50 KMC.

6. Permitted when:

a. Located in the R-24 zone; and

b. On a site in office or construction and trade office uses as of May 8, 2003; and

c. Part of a mixed use development; and

d. Limited to 15,000 square feet; and

e. No outdoor storage of equipment occurs.

Otherwise, prohibited.

7. Day care II permitted only as a re-use of a public school facility subject to Chapter 18.50 KMC, or an accessory use to a school, religious institution, park, sports club or public housing administered by a public agency, and:

a. Outdoor play areas shall be completely enclosed by a solid wall or fence, with no openings except for gates and have a minimum height of six feet;

b. Outdoor play equipment shall maintain a minimum distance of 20 feet from property lines adjoining residential zones;

c. Direct access to a developed arterial street shall be required in any residential zone; and

d. Hours of operation may be restricted to assure compatibility with surrounding development.

Otherwise, day care II requires a conditional use permit.

8. K-12 facilities only, except vocational school which is permitted only as a re-use of a surplus nonresidential facility subject to Chapter 18.50 KMC unless a conditional use permit is obtained. All other educational service uses require a conditional use permit.

9. A family child-care home is subject to the requirements established by the Washington State Department of Early Learning (DEL) in WAC Title 170. The family child-care home shall meet the following requirements:

a. The family child-care provider shall be licensed by DEL to operate a family child-care home;

b. A safe passenger loading area shall be provided;

c. The family child-care home shall comply with all applicable building, fire, safety, and health codes enforced by the City;

d. The family child-care home shall comply with all applicable development standards of the City, unless determined to be legally nonconforming;

e. All signage shall conform to the applicable requirements of Chapter 18.42 KMC; and

f. The City has the authority to limit the hours of operation to facilitate neighborhood compatibility.

10. Limited to “storefront” police offices. Such offices shall not have:

a. Holding cells;

b. Suspect interview rooms; or

c. Long-term storage of stolen properties.

All other police facilities require a conditional use permit.

11. Fire facilities require a conditional use permit, subject to the following:

a. All buildings and structures shall maintain a minimum distance of 20 feet from property lines adjoining residential zones;

b. Any buildings from which fire-fighting equipment emerges onto a street shall maintain a distance of 35 feet from such street; and

c. No outdoor storage.

12. Fire or police training facilities such as shooting ranges, auto test tracks, and fire suppression simulations are prohibited.

13. Veterinary clinics are prohibited.

14. Public agency or utility office is permitted only as a re-use of a public school facility or a surplus nonresidential facility subject to the provisions of Chapter 18.50 KMC. All other office uses require a conditional use permit.

15. The following conditions and limitations shall apply, where appropriate:

a. Lighting for structures and fields shall be directed away from residential areas;

16. Golf course facility only permitted. Clubhouses, maintenance buildings, equipment storage areas and driving range tees shall be at least 50 feet from residential property lines. Lighting for practice greens and driving range ball impact areas shall be directed away from adjoining residential zones. Applications shall comply with adopted best management practices for golf course development. All other outdoor recreational facility uses are conditional uses, except stable, RV park, and shooting range, which are prohibited.

17. Conditional uses are subject to the following conditions and limitations:

a. The bulk and scale shall be compatible with residential character of the area;

b. Use is limited to residents of a specified residential development or to sports clubs providing supervised instructional or athletic programs.

18. Permitted only as a re-use of a public school facility subject to Chapter 18.50 KMC. Other religious institutions require a conditional use permit.

20. Manufactured homes and mobile homes are allowed only in manufactured housing communities. Designated manufactured homes are not restricted to manufactured housing communities.

21. Limited to commuter parking facilities for users of transit, carpools or ride-share programs, provided:

a. They are located on existing parking lots for religious institutions, schools, or other permitted nonresidential uses which have excess capacity available during commuting hours; and

b. The site is adjacent to a designated arterial that has been improved to a standard acceptable to the department.

Otherwise a conditional use permit is required.

22. Bulk gas storage tanks which pipe to individual residences require a conditional use permit. All other bulk gas storage tanks, including liquefied natural gas storage tanks, are prohibited.

23. Private stormwater management facilities permitted except when participating in an approved shared facility drainage plan. Private stormwater management facilities shall be located on the same lot that they are designed to serve except in subdivisions or short subdivisions that set aside a separate tract for such facilities. For shared facilities, such facilities which are not located on the lot they are designed to serve shall be located on a lot with the same or more intensive zoning designation.

24. Hydroelectric generation facilities are prohibited. A nonhydroelectric generation facility may be conditionally permitted as a cogeneration facility for on-site use only.

25. Conditionally permitted only as a re-use of a surplus nonresidential facility subject to Chapter 18.50 KMC.

26. Arboretum only.

27. Structures shall maintain a minimum distance of 100 feet from property lines adjoining residential zones.

28. Excluding drinking places, and limited to a maximum of 5,000 square feet of gross floor area and subject to KMC 18.21.070.

29. Limited to a maximum of 5,000 square feet of gross floor area and subject to the additional requirements in KMC 18.21.070.

30. Conditional uses are subject to the following conditions and limitations:

a. The bulk and scale shall be compatible with residential character of the area;

b. For sports clubs, the gross floor area shall not exceed 10,000 square feet unless the building is on the same site or adjacent to a site where a public facility is located or unless the building is a nonprofit facility; and

c. Use is limited to residents of a specified residential development or to sports clubs providing supervised instructional or athletic programs.

31. Bowling center and shooting range are prohibited.

32. Amusement park, fairground, and stadium/arena are prohibited.

33. Auto supply stores and pet shops are prohibited.

34. Bed and breakfast guesthouse only, subject to the following conditions:

a. The guesthouse shall be owner-occupied;

b. Meals shall be served to paying guests only (no restaurant use permitted);

c. The number of guestrooms shall not be greater than that authorized by the International Building and Fire Codes;

d. Parking shall be provided as required by this title; and

e. The guesthouse shall be compatible with the neighborhood character as determined by the city manager, and shall not create significant adverse neighborhood effects that cannot be mitigated.

35. Self-service storage only permitted and only if accessory to an apartment development of at least 12 units, provided:

a. The gross floor area in self-service storage shall not exceed the total gross floor area of the apartment dwellings on the site;

b. All outdoor lights shall be deflected, shaded and focused away from all adjoining property;

c. The use of the facility shall be limited to dead storage of household goods;

d. No servicing or repair of motor vehicles, boats, trailers, lawn mowers or similar equipment;

e. No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals;

f. No residential occupancy of the storage units;

g. No business activity other than the rental of storage units; and

h. A resident director shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval.

[Ord. 19-0481 § 2 (Exh. A); Ord. 18-0463 § 3 (Exh. 2); Ord. 17-0438 § 2 (Att. A); Ord. 16-0426 § 5 (Att. C); Ord. 16-0421 § 2 (Att. A); Ord. 14-0384 § 5; Ord. 11-0329 § 3 (Exh. 1).]

18.21.045 Residential zone MHC – Use allowances.

The following uses listed in Table D are identified as permitted, conditionally permitted, or prohibited uses in residential zone MHC:

Table D. MHC Zone Use Allowances
PERMITTED	CONDITIONALLY PERMITTED	PROHIBITED
Day care1	Community residential facility	Adult entertainment business
Family child-care home2	Cemetery, columbarium or mausoleum	Air transportation service
Manufactured housing community8	Educational service6	Ambulatory surgery center
Park3	Religious institution	Animal kennel/shelter
Single detached dwelling unit4,5	Supportive living facility	Arts, entertainment, indoor
	Temporary lodging7	Arts, entertainment, outdoor
		Auction house
		Automotive sales and service, marine
		Automotive sales and service, nonmarine
		Business service, intensive
		Business service, standard
		College/university
		Construction and trade
		Eating and drinking place
		Fire or police facility
		Funeral home/crematory
		Health care and social assistance
		Hospital
		Laboratory
		Manufacturing, heavy
		Manufacturing, light
		Marijuana business
		Marijuana cooperative
		Mobile food service
		Multiple-family dwelling
		Office
		Personal service
		Recreational facility, indoor
		Recreational facility, outdoor
		Regional land use
		Resource land use
		Retail sales
		Retail sales, bulk
		Secure facility
		Standalone parking
		Transportation
		Utility facility
		Vehicle or equipment rental
		Vehicle refueling station
		Warehousing
		Wholesale trade

1. Day care I is permitted. Day care II is permitted only as an accessory use to a religious institution, park or public housing administered by a public agency, and:

a. Outdoor play areas shall be completely enclosed by a solid wall or fence with no openings except for gates and have a minimum height of six feet;

b. Outdoor play equipment shall maintain a minimum distance of 20 feet from property lines adjoining residential zones;

c. Direct access to a developed arterial street shall be required in any residential zone; and

d. Hours of operation may be restricted to assure compatibility with surrounding development.

Otherwise, day care II requires a conditional use permit.

2. A family child-care home is subject to the requirements established by the Washington State Department of Early Learning (DEL) in WAC Title 170. The family child-care home shall meet the following requirements:

a. The family child-care provider shall be licensed by DEL to operate a family child-care home;

b. A safe passenger loading area shall be provided;

c. The family child-care home shall comply with all applicable building, fire, safety, and health codes enforced by the City;

d. The family child-care home shall comply with all applicable development standards of the City, unless determined to be legally nonconforming;

e. All signage shall conform to the applicable requirements of Chapter 18.42 KMC; and

f. The City has the authority to limit the hours of operation to facilitate neighborhood compatibility.

3. The following conditions and limitations shall apply, where appropriate:

a. Lighting for structures and fields shall be directed away from residential areas;

b. Structures or service yards shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.

4. One single detached dwelling unit only per existing legal lot as of April 23, 2019.

5. Manufactured homes and mobile homes are allowed only in manufactured housing communities. Designated manufactured homes are not restricted to manufactured housing communities.

6. K-12 facilities only. All other educational service uses are prohibited.

7. Bed and breakfast guesthouse only, subject to the following conditions:

a. The guesthouse shall be owner-occupied;

b. Meals shall be served to paying guests only (no restaurant use permitted);

c. The number of guestrooms shall not be greater than that authorized by the International Building and Fire Codes;

d. Parking shall be provided as required by this title; and

e. The guesthouse shall be compatible with the neighborhood character as determined by the city manager, and shall not create significant adverse neighborhood effects that cannot be mitigated.

8. For properties continuing in an existing manufactured housing community use after April 23, 2019, a transfer of density credits shall be permitted. See Chapter 18.80 KMC.

[Ord. 19-0481 § 2 (Exh. A).]

18.21.050 Residential zones R-12, R-18, R-24, R-48, and MHC – Development standards.

The following zone-specific development standards in Table E apply in the R-12, R-18, R-24, R-48, and MHC residential zones:

Table E. R-12, R-18, R-24, R-48, and MHC Residential Zones Development Standards
STANDARDS	R-12	R-18	R-24	R-48	MHC12
Base Density: Dwelling Unit/Acre1	12 du/ac	18 du/ac	24 du/ac	48 du/ac	12 du/ac
Maximum Density: Dwelling Unit/Acre2	18 du/ac	27 du/ac	36 du/ac	72 du/ac	18 du/ac
Minimum Density11	80%	75%	70%	65%	80%
Minimum Lot Width4	30 ft.	30 ft.	30 ft.	30 ft.	--
Minimum Street Setback	10 ft.6	10 ft.6	10 ft.6	10 ft.6	10 ft.
Minimum Side Setback3,5	5 ft.7	5 ft.7	5 ft.7	5 ft.7	5 ft.
Minimum Rear Setback3,5	5 ft.7	5 ft.7	5 ft.7	5 ft.7	5 ft.
Base Height8	60 ft.	60 ft. 80 ft.9	60 ft. 80 ft.9	60 ft. 80 ft.9	35 ft.
Maximum Impervious Surface: Percentage10	85%	85%	85%	90%	85%
Minimum Lot Size	--	--	--	--	--

1 Density applies only to dwelling units and not to sleeping units.

2 This maximum density may be achieved only through the application of residential density incentives pursuant to Chapter 18.80 KMC or transfers of density credits, or any combination of density incentive or density transfer. Maximum density may only be exceeded pursuant to KMC 18.80.040(E)(1)(f).

3 These standards may be modified under the provisions for zero-lot-line developments.

4 The building envelope is determined through meeting minimum lot size and minimum lot width measurement requirements (KMC 18.30.110).

5 Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least 26 feet as measured from the centerline of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway.

6 At least 20 linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the centerline of the driveway from the access point to such garage, carport or fenced area to the street property line.

7 a. For developments consisting of three or more single detached dwellings located on a single parcel, the setback shall be 10 feet along any property line abutting R-1 through R-6, except for structures in on-site recreation areas required in KMC 18.30.130, which shall have a setback of five feet.

b. For townhouse and apartment development, the setback shall be 20 feet along any property line abutting R-1 through R-6, except for structures in on-site recreation areas required in KMC 18.30.130, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located.

8 In the R-12, R-18, R-24 and R-48 zones, height limits may be increased when portions of the structure which exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, provided the maximum height may not exceed 75 feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements; provided, that the maximum height shall not exceed 75 feet.

9 The base height to be used only for projects as follows:

a. In R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits pursuant to this title.

10 Applies to each individual lot. Impervious surface area standards for:

a. Regional uses shall be established at the time of permit review;

b. Nonresidential uses in residential zones shall comply with KMC 18.21.060 and 18.30.170;

c. Lots may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit.

11 Minimum density is determined by multiplying the allowable number of dwelling units, as calculated using KMC 18.30.020, by the percentage shown for each zone.

12 See also the standards in KMC 18.50.140.

[Ord. 19-0481 § 2 (Exh. A); Ord. 11-0329 § 3 (Exh. 1).]

18.21.055 MHC zoning exception.

A. A manufactured housing community landowner may request an exception from the application of the MHC zoning to their property through a Type 4 permit process as described in Chapter 19.25 KMC.

B. Along with other information required by the department, the application shall include information demonstrating that:

1. There is no reasonable use of the MHC property under the MHC zoning;

2. The uses authorized by the MHC zoning are not economically viable at the property’s location; and

3. The proposal meets the zone reclassification criteria in KMC 18.115.060.

If, based on the information provided, the request is granted by the city council, the property shall revert to the zoning designation in place on April 23, 2019, without further action by the council. If necessary, a comprehensive plan map amendment to recognize that zoning designation shall be initiated by the City. [Ord. 19-0481 § 2 (Exh. A).]

18.21.060 Nonresidential land uses in residential zones.

Except for utility facilities, regional land uses, and nonresidential uses regulated by KMC 18.21.070, all nonresidential uses located in the R zones shall be subject to the following requirements:

A. Impervious surface coverage shall not exceed:

1. Seventy percent of the site in the R-1 through R-6 zones.

2. Eighty percent of the site in the R-12 through R-48 and MHC zones.

B. Buildings and structures, except fences and wire or mesh backstops, shall not be closer than 30 feet to any property line, except as provided in subsection C of this section.

C. A single detached dwelling allowed as accessory to a church or school shall conform to the setback requirements of the zone.

D. Parking areas are permitted within the required setback area from property lines, provided such parking areas are located outside of the required landscape area.

E. Sites shall abut or be accessible from at least one public street functioning at a level consistent with the City street design standards. New high school sites shall abut or be accessible from a public street functioning as an arterial per the City design standards.

F. The base height shall conform to the zone in which the use is located.

G. Building illumination and lighted signs shall be designed so that no direct rays of light are projected into neighboring residences or onto any street right-of-way. [Ord. 19-0481 § 2 (Exh. A); Ord. 16-0428 § 13 (Att. I); Ord. 11-0329 § 3 (Exh. 1).]

18.21.070 Personal service, eating and drinking place and retail sales uses in R-4 through R-24 zones.

Personal service uses, eating and drinking place uses, and retail sales uses which are located in the R-4 through R-24 zones shall be subject to the following requirements:

A. Each individual establishment shall not exceed 5,000 square feet of gross floor area and the combined total of all contiguous commercial establishments shall not exceed 15,000 square feet of gross floor area;

B. Establishments shall not be located less than one mile from another commercial establishment, unless located with other establishments meeting the criteria in subsection A of this section;

C. Establishment sites shall abut an intersection of two public streets, each of which is designated as a neighborhood collector or arterial and which has improved pedestrian facilities for at least one-fourth mile from the site;

D. The maximum on-site parking ratios for establishments and sites shall be two per 1,000 square feet and required parking shall not be located between the building(s) and the street;

E. Buildings shall comply with the building facade modulation and roofline variation requirements in KMC 18.50.080 and at least one facade of the building shall be located within five feet of the sidewalk;

F. If the personal service, eating and drinking place, or retail sales use is located in a building with multifamily uses, then the commercial use shall be on the ground floor and shall not exceed 25 percent of the total floor area of the building; and

G. Sign and landscaping standards for the use apply. [Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]

18.21.073 Accessory uses.

Accessory uses, when consistent with the definition in Chapter 18.20 KMC, are allowed as determined by the city manager. [Ord. 17-0438 § 3 (Att. B).]

18.21.075 Drive-through service.

Drive-through service is prohibited in these zoning districts. [Ord. 19-0481 § 2 (Exh. A); Ord. 17-0438 § 3 (Att. B).]

18.21.078 Outdoor storage.

Outdoor storage is prohibited in these zoning districts. [Ord. 19-0481 § 2 (Exh. A); Ord. 17-0438 § 3 (Att. B).]

18.21.080 Wireless communication facilities.

Use allowances and development regulations for wireless communication facilities are located in Chapter 18.60 KMC. [Ord. 16-0426 § 6 (Att. D).]