Chapter 14.16


14.16.010    Purpose.

14.16.020    Scope.

14.16.030    Conformance with other regulations.

14.16.040    Definitions.

14.16.050    Permits required.

14.16.060    Permit applications.

14.16.070    Approval process.

14.16.080    Manufactured home standards.

14.16.090    Design standards – All types of construction.

14.16.100    Nonconformance.

14.16.110    Variances.

14.16.120    Administrative interpretations.

14.16.130    Appeals.

14.16.140    Compliance and enforcement.

14.16.150    Severability.

14.16.010 Purpose.

A. It is the purpose of this chapter to set forth the terms and conditions under which single-family homes may be sited and to ensure that manufactured homes as defined herein may be sited in any zone where single-family homes are permitted pursuant to the intent of Senate Bill 6593 of the 58th Legislature, passed in the 2004 Regular Session. Senate Bill 6593 was created to provide for consumer choice in housing and is a tool for provision of affordable housing. The city of Leavenworth has found that the natural scenic beauty and adopted “Old World Bavarian theme” form the basis for Leavenworth’s thriving tourist industry, upon which the city’s economic health heavily depends, and that structures complementing the aesthetics of existing neighborhoods form a key part of the overall visual attractiveness of the city, and thereby contribute both to the aesthetic and economic well-being of the city of Leavenworth. The city of Leavenworth further recognizes the importance of provision of affordable housing in a manner which is complementary to the neighborhood in which it will be located and in a manner which does not reduce surrounding property values. To ensure this, this chapter requires complementary design standards for all single-family homes and has specific limitations on the types of manufactured homes which can be installed. These regulations apply to all zones where single-family homes exist and in zones which permit the construction of single-family residences. If any of the locally developed design elements of this chapter are in conflict with the Old World Bavarian design theme code, the Old World Bavarian design theme code shall prevail if not in direct conflict with state law.

B. Without limiting the generality in the preceding subsection the city of Leavenworth expressly finds that the regulations set forth in this chapter further the following substantial interests of the city and its citizens:

1. Maintenance and improvement of the community’s appearance;

2. Elimination of visual clutter;

3. Ensuring and improving property safety;

4. Preserving property values;

5. Attracting sources of economic development. [Ord. 1268 (Exh. B), 2005.]

14.16.020 Scope.

A. The regulations in this chapter shall apply to all single-family homes whether manufactured, modular, site-built, or other related types of construction.

B. This chapter is not intended to apply to multifamily dwelling units unless they are stand-alone units which emulate single-family construction. [Ord. 1268 (Exh. B), 2005.]

14.16.030 Conformance with other regulations.

A. No project shall be approved unless found to be in conformance with all adopted and applicable city ordinances, plans and policies.

B. This chapter recognizes and incorporates the standards, provisions, and regulations contained in other parts of the Leavenworth Municipal Code, as it exists now or as it may hereafter be amended.

C. Approvals granted pursuant to this title shall only occur in compliance with these other regulatory provisions, as well as with the comprehensive plan and any other applicable laws and regulations.

D. Where provisions of other official controls and regulations overlap or conflict with the provisions of this title, the more restrictive provisions shall govern. [Ord. 1268 (Exh. B), 2005.]

14.16.040 Definitions.

All definitions relevant to this chapter shall be included in Chapter 21.90 LMC. Unless specifically defined, words or phrases used shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. [Ord. 1544 § 1 (Att. A), 2017; Ord. 1268 (Exh. B), 2005.]

14.16.050 Permits required.

A. Design standards shall be reviewed concurrently with the related application for a building permit.

B. Inspections for compliance with this chapter are required. [Ord. 1268 (Exh. B), 2005.]

14.16.060 Permit applications.

Persons seeking permits or approval under this chapter shall:

A. Complete and submit an application for a building permit.

B. Complete and submit an application for a residential design review permit. [Ord. 1268 (Exh. B), 2005.]

14.16.070 Approval process.

Person seeking permits or approval under this chapter shall be subject to the level of review required for the associated building permit pursuant to LMC Title 21. [Ord. 1268 (Exh. B), 2005.]

14.16.080 Manufactured home standards.

All manufactured homes shall meet the following standards:

A. The manufactured home installed shall be a “new manufactured home.” Used mobile and manufactured homes are not allowed to be placed within the city limits.

B. The manufactured home shall be set upon a permanent foundation as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or a concrete product which shall be load bearing.

C. The manufactured home shall comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located.

D. The manufactured home shall meet all requirements for a “designated manufactured home.” [Ord. 1596 § 1 (Att. A), 2019; Ord. 1268 (Exh. B), 2005.]

14.16.090 Design standards – All types of construction.

The following standards shall apply to all single-family homes, modular homes, and manufactured homes, or other related types of construction.

A. If the main entry door of the dwelling does not face the street from which the front yard setback is derived, a minimum of 30 square feet of glazing shall be on the portion of the dwelling facing the street on which the front yard setback is located;

B. Entry porches/landing areas shall be constructed as an integral part of the dwelling architecture and of materials which complement the primary structure;

C. Attached/detached garages shall be constructed with siding materials which are the same, or similar to those of the primary structure;

D. Eave overhangs shall be a minimum of 12 inches except in cases where the specific architectural type (i.e., English Tudor) is complemented by a lesser eave overhang distance;

E. All dwellings shall be permanently connected to foundations, and must meet seismic, snow, and wind loading standards for the city of Leavenworth (SDC C);

F. All foundations shall meet International Residential Code standards for site-built homes;

G. Any support structure built to meet snow loading standards shall be designed to integrate with the building and shall not be a separate support structure, such as a portico;

H. On level grades, no more than 12 inches of foundation wall shall be exposed on the walls facing a street (an additional factor of plus 2 percent (above the 12-inch maximum) may be included for drainage); greater than 12 inches of foundation wall may be exposed in cases where the slope of the lot necessitates this;

I. All siding shall extend below the top of the foundation 1.5 to two inches. A bottom trim board does not qualify as siding and cannot be used to cover the top of the foundation;

J. All skirting materials shall resemble a typical residential foundation;

K. All wheels, tongues, and other transportation equipment shall be permanently removed;

L. All trim materials around windows, doors, corners, and other areas of the dwelling, shall be a material which complements the structure and which is not subject to deterioration; and

M. All additions and/or other architectural features shall be designed and permanently connected to the dwelling so as to be an integral part of the dwelling. [Ord. 1268 (Exh. B), 2005.]

14.16.100 Nonconformance.

A. Nonconforming structures under the standards of this chapter shall be subject to the requirements of the Leavenworth Municipal Code.

B. Single-family residences in existence at the time of initial adoption date of the ordinance codified in this chapter shall be exempt from compliance with these standards when remodeled, enlarged, expanded on and moved as delineated in LMC 18.68.040(A). However, if damage, demolition, or destruction occurs beyond the percentage allowed under nonconforming provisions in LMC 18.68.040(B)(1), the structure, when rebuilt, shall thereafter comply with this chapter. [Ord. 1268 (Exh. B), 2005.]

14.16.110 Variances.

A. Variances from the standards of this chapter shall be pursuant to the processes within the Leavenworth Municipal Code.

B. Pursuant to the intent of LMC 18.68.030, Nonconforming lots of record, variances to setbacks and lot coverage on nonconforming lots of record based on standard dimensions of manufactured homes shall not be allowed. [Ord. 1268 (Exh. B), 2005.]

14.16.120 Administrative interpretations.

Administrative interpretations of this chapter shall be made by the director of community development pursuant to the processes within LMC Title 21. [Ord. 1268 (Exh. B), 2005.]

14.16.130 Appeals.

A. Appeals of decisions made under this chapter shall be pursuant to the processes within LMC Title 21.

B. An applicant aggrieved by any part, requirement or process set forth in this chapter must exhaust all available administrative remedies before seeking recourse in the courts. [Ord. 1268 (Exh. B), 2005.]

14.16.140 Compliance and enforcement.

Compliance and enforcement of this chapter shall be conducted by the director of community development pursuant to the processes within LMC Title 21. [Ord. 1268 (Exh. B), 2005.]

14.16.150 Severability.

If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. [Ord. 1268 (Exh. B), 2005.]