Chapter 18.36
SUPPLEMENTARY REGULATIONS1
Sections:
18.36.005 Purpose and applicability.
18.36.010 Obstructions to visibility prohibited.
18.36.020 Fences, walls and hedges – Restrictions.
18.36.035 Accessory dwelling units.
18.36.038 Bed and breakfast facilities.
18.36.040 More than one principal structure prohibited in low density residential districts.
18.36.050 Building height – Exceptions to limits.
18.36.070 Major recreational equipment – Use and storage restrictions.
18.36.080 Unlicensed vehicles – Parking and storage restrictions.
18.36.090 Yard requirements – Modification.
18.36.095 Nonconforming single-family dwelling additions.
18.36.150 Family entertainment enterprise.
18.36.160 Mobile food vendors.
18.36.200 Incubator planned site development.
18.36.220 Enclosure requirements for light industrial district.
18.36.225 Screening requirements for light industrial district.
18.36.005 Purpose and applicability.
The purpose of supplementary regulations is to provide specific standards to address various types of land uses and development common to many different zoning districts. All land uses, where permitted by Chapter 18.25 LMC, District Uses, shall meet the standards of this chapter. [Ord. 1628 § 1 (Att. A), 2021; Ord. 1089 § 4 (Exh. D), 1998. Formerly 18.24.005.]
18.36.010 Obstructions to visibility prohibited.
Except for utility poles, trunks of approved street trees, approved safety bollards, and traffic control signs, the following sight distance provisions shall apply to all intersections, roadways, and site access points:
A. A sight distance triangle area shall not contain a view-obscuring fence, berm, vegetation, on-site vehicle parking area or other physical obstruction between 42 inches and eight feet above the existing street grade.
B. The sight distance triangle shall be determined by measuring 15 feet along a street property line (or access point – driveway) beginning at the point of intersection of the two streets (or a street and a driveway). The third side of each triangle shall be a line connecting the endpoints of the first two sides of each triangle. [Ord. 1628 § 1 (Att. A), 2021; Ord. 1521 § 1 (Att. A), 2016; Ord. 1089 § 4 (Exh. D), 1998. Formerly 18.24.010.]
18.36.020 Fences, walls and hedges – Restrictions.
Notwithstanding other provisions of this title, fences, walls and hedges shall meet the following requirements. Fences require a building permit prior to construction activities.
A. Front Yards. Three and one-half feet maximum, excluding commercial and industrial zoning districts and screening of utility areas (including stormwater ponds), mechanical and garage areas, where the maximum height is six feet; and
B. Side Yards. Six feet maximum height; side yard fencing shall be limited to three and one-half feet when located within the front yard setback area; and
C. Rear Yards. Six feet maximum height; and
D. Side Street Yards. Six feet maximum height; and
E. It is the property owner’s responsibility to accurately locate all property lines. The property owner shall stake the property line prior to fence installation activities, and such stakes shall remain throughout fence installation activities; and
F. Wood fences shall be separated from any structure with a minimum of four feet fire retardant treated wood or other nonflammable fencing material, to reduce fire spread. [Ord. 1673 § 1 (Att. A), 2023; Ord. 1628 § 1 (Att. A), 2021; Ord. 1534 § 1 (Att. A), 2016; Ord. 1521 § 1 (Att. A), 2016; Ord. 1089 § 4 (Exh. D), 1998. Formerly 18.24.020.]
18.36.030 Accessory buildings.
Repealed by Ord. 1589. [Ord. 1628 § 1 (Att. A), 2021; Ord. 1089 § 4 (Exh. D), 1998. Formerly 18.24.030.]
18.36.035 Accessory dwelling units.
Accessory dwelling unit not used for transient accommodation (“accessory dwelling unit”), meaning a subordinate, habitable living unit added to, created within, or detached from a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking and sanitation, provided the following minimum requirements are met:
A. There shall be no more than one accessory dwelling unit per building lot or home site in conjunction with a single-family structure, even if such structure is built on more than one platted lot;
B. An accessory dwelling unit may be attached to, created within, or detached from a new or existing primary single-family dwelling unit;
C. The accessory dwelling unit will require one off-street parking space, which is in addition to any off-street spaces required for the primary single-family dwelling unit which may be accessed from an alley with the recording of a notice to title of an indemnity agreement regarding alley access and maintenance as provided by the city;
D. The total habitable floor area of any accessory dwelling unit(s) shall in no case exceed 1,200 square feet;
E. An accessory dwelling unit, together with the primary single-family dwelling unit with which it is associated, shall conform to all other provisions of the city code. Conversions of existing structures to accessory dwelling units shall be allowed in conformance with Chapter 18.68 LMC, Nonconforming Provisions, excepting setbacks whereby the legally established structure may receive an administrative deviation to encroach no more than 20 percent into the setback;
F. The accessory dwelling unit shall meet the minimum requirements of the International Building Code, International Fire Code, and all other life safety regulations of the city, fire district, health district and all other local, state and federal agencies; and
G. The accessory dwelling unit must be connected to the water and sewer utilities of the city, and shall have separate services for any accessory dwelling unit greater than 900 square feet in area. [Ord. 1628 § 1 (Att. A), 2021.]
18.36.038 Bed and breakfast facilities.
A. In addition to the requirements for a conditional use permit, bed and breakfast facilities shall have a minimum lot size of 6,000 square feet.
B. Existing and permitted bed and breakfast facilities annexed into the city after January 24, 2017, which do not fully meet the definition and/or requirements of this section for a bed and breakfast shall be allowed to continue as a nonconforming use. [Ord. 1628 § 1 (Att. A), 2021.]
18.36.040 More than one principal structure prohibited in low density residential districts.
Erecting more than one principal structure on a lot is not permitted in the low density residential districts. [Ord. 1628 § 1 (Att. A), 2021; Ord. 1089 § 4 (Exh. D), 1998. Formerly 18.24.040.]
18.36.045 Duplex dwellings.
Two-family dwelling/duplex shall meet the following minimum requirements:
A. Two-family dwelling unit/duplex shall conform to all other provisions of city code. Conversions of existing structures to a duplex shall be allowed in conformance with Chapter 18.68 LMC, Nonconforming Provisions, excepting setbacks whereby the legally established structure may receive an administrative deviation to encroach no more than 20 percent into the setback; and
B. Separate water and sewer utilities shall be required for each unit. [Ord. 1640 § 1 (Att. A), 2022; Ord. 1628 § 1 (Att. A), 2021.]
18.36.050 Building height – Exceptions to limits.
The building height limitations do not apply to spires, belfries, cupolas, antennas (except as provided in Chapter 18.74 LMC), ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. [Ord. 1628 § 1 (Att. A), 2021; Ord. 1205 § 3, 2003; Ord. 1089 § 4 (Exh. D), 1998. Formerly 18.24.050.]
18.36.060 Home occupations.
A. Group A Home Occupation. Such use shall be secondary to the residential use of the property, and shall be reviewed and approved through the limited administrative review process, provided the following minimum conditions shall apply to the approval of any such application:
1. There shall be no nonresident worker(s). No persons other than the immediate resident(s) of the dwelling/property may be employed in the home occupation;
2. No equipment or employees shall be dispatched from the residential premises, except the owner and owner’s vehicle;
3. A maximum of two customers per month shall visit the home occupation;
4. No materials or commodities shall be delivered to or from the residence which are of such bulk or quantity as to require delivery by commercial vehicle or a trailer (vehicles that have a DOT number). Deliveries shall be limited to one per day, regardless of carrier;
5. Not over 20 percent of the total floor area of one floor of the residence shall be used for the home occupation;
6. No article shall be sold or offered for sale on the premises. No stock in trade or commodities kept for sale, which are not produced on the premises, shall be permitted;
7. No parking space shall be obstructed and no additional parking space will be required for the home occupation;
8. A home occupation may be conducted in a detached garage and/or accessory structure with not more than 500 square feet of floor area used for the home occupation; provided, that there shall be only one garage and/or accessory structure on the property and use does not eliminate any required parking;
9. No structural alterations shall be allowed to accommodate the home occupation except when consistent with residential construction and occupancy;
10. A certificate of occupancy will be required for buildings constructed after January 28, 2014, prior to issuance of a home occupation permit;
11. No sign(s) advertising the business shall be permitted;
12. No window display and no sample commodities, equipment, vehicles or other materials related to the business shall be displayed or stored outside, with the exception of the owner’s vehicle;
13. No materials or mechanical equipment shall be used which will be detrimental to the residential use of the property or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television, or other factors;
14. Any occupation which requires licensing, registration or permits, by state or federal statute or requirements or by city ordinance, must be provided at time of application, and at all times thereafter be appropriately licensed, registered, or have a permit and comply with requirements of all such licenses or permits;
15. For the purposes of this section, any use that is not consistent with the definition of “home occupation,” including but not limited to those uses which are similar in nature, shall not be allowed as a home occupation. The following uses are prohibited as Group A home occupations:
a. Outdoor storage and/or display of items for sale or advertising purposes shall be prohibited unless for a garage sale and/or rummage sale of a frequency less than two per calendar year for a maximum of two days per event;
b. Delivery services, equipment/trailer rental services, industry, kennels, motorized/nonmotorized service and repair, welding and fabrication, antique sales, funeral services, groceries sales, secondhand merchandise sales, equipment rental, physicians, dentists, chiropractors, restaurants excepting home cooking or preserving if conducted solely within the residence, veterinarians, any wholesale or retail sales, and any like or similar uses or activities;
c. Transient accommodations and/or lodging.
B. Group B Home Occupation. Such use shall be secondary to the residential use of the property, and shall be reviewed and approved through the full administrative review process, provided the following minimum conditions shall apply to the approval of any such application:
1. Not over 50 percent of the total floor area of one floor is to be used for the home occupation;
2. A home occupation may be conducted in a detached garage and/or accessory structure with not more than 500 square feet of floor area used for the home occupation; provided, that there shall be only one garage and/or accessory structure on the property and does not eliminate any required parking;
3. Structural alterations consistent with residential development and occupancy shall be allowed which result in compliance with the building, fire safety, and handicap accessibility codes and standards. The structure shall be fully compliant with all applicable laws, including but not limited to building, fire and accessibility codes, prior to occupancy;
4. Prior to issuance of a Group B home occupation permit, a certificate of occupancy will be required for buildings constructed after the date of adoption of the ordinance codified in this section (January 28, 2014);
5. No persons other than the immediate resident(s) of the home and, at any given time, one outside employee may be employed in the home occupation;
6. No equipment or employees shall be dispatched from the residential premises, except the owner and owner’s vehicle;
7. No article shall be sold or offered for sale on the premises unless by individual appointment which does not exceed occupancy limits within this section and/or the International Building, Residential and/or Fire Codes;
8. No sign(s) advertising the business shall be permitted;
9. No window display and no sample commodities or related materials shall be displayed or stored outside the building;
10. No outdoor storage of stock in trade shall be permitted;
11. No materials or mechanical equipment shall be used which will be detrimental to the residential use of the property or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television, or other factors;
12. No materials or commodities shall be delivered to or from the residence which are of such bulk or quantity as to require delivery by commercial vehicle or a trailer (vehicles that have a DOT number), and there shall be no parking of customers’ vehicles in a manner or frequency as to cause disturbance or inconvenience to nearby residents or so as to necessitate on-street parking;
13. Off-street parking stalls shall be provided to accommodate all vehicles associated with the operations of the home occupation;
14. Occupancy shall be limited to the maximum allowed by the adopted International Building, Residential and/or Fire Codes. In addition, the community development department may limit maximum occupancy loads based on impacts and/or infrastructure available to support the home occupation. In general, 10 students, customers, and/or clients within each 12-hour period shall be the maximum without the completion of a traffic, access and/or noise study which demonstrates no impact to neighbors, the community, and/or infrastructure. Class times and/or visitor appointments shall be spaced a sufficient time (minimum of 15 minutes) so that there is not an overlap in pick-up and/or drop-off;
15. Hours of operation shall be limited from 8:00 a.m. to 8:00 p.m.;
16. All classes and activities shall occur indoors in a closed window environment that prevents the passage of noise into the outside atmosphere unless such activity does not generate noise or disturbance;
17. Vehicles shall not be allowed to idle outside of the building;
18. Water and sewer service shall be determined by the city engineer based on the home occupation equivalent residential unit. Water and sewer service shall be connected to the primary residence and shall not be separate. Upgrade of sanitary sewer and water, as necessary, shall be compliant with Chapter 13.04 LMC and other applicable requirements prior to occupancy;
19. Any occupation which requires licensing, registration or permits, by state or federal statute or requirements or by city ordinance, must be provided at time of application, and at all times thereafter be appropriately licensed, registered, or have a permit and comply with requirements of all such licenses or permits;
20. For the purposes of this section, any use that is not consistent with the definition of “home occupation,” including but not limited to those uses which are similar in nature, shall not be allowed as a home occupation. The following uses are prohibited as Group B home occupations:
a. Outdoor storage and/or display of items for sale or advertising purposes shall be prohibited unless for a garage sale and/or rummage sale of a frequency less than two per calendar year for a maximum of two days per event;
b. Events, recitals, performances, promotions, and similar attractions outside of daily operations shall not be allowed unless the applicant completes and obtains approval by the city for a traffic, access and/or noise study which demonstrates no impact to neighbors or the community;
c. Delivery services, equipment/trailer rental services, industry, kennels, motorized service and repair, welding and fabrication, antique sales, funeral services, groceries sales, secondhand merchandise sales, equipment rental, physicians, dentists, chiropractors, restaurants excepting home cooking or preserving if conducted solely within the residence, veterinarians, any wholesale or retail sales, and any like or similar uses or activities;
d. Transient accommodations and/or lodging. [Ord. 1628 § 1 (Att. A), 2021.]
18.36.070 Major recreational equipment – Use and storage restrictions.
Not more than five pieces of major recreational equipment, excluding motorcycles, shall be parked or stored on any parcel other than in fully enclosed storage in a residential district and not more than two such recreational vehicles shall be habitable type recreational vehicles. No habitable recreational vehicle shall be used for living, sleeping or housekeeping purposes for more than 10 days in any 30-day period, when parked or stored on a residential lot or in any location not approved for such uses; provided, however, that a single habitable recreational vehicle may be occupied for housekeeping purposes for a period, not exceeding six months, by an owner or licensed contractor on a residential lot where a permanent dwelling is under construction. [Ord. 1628 § 1 (Att. A), 2021; Ord. 1089 § 4 (Exh. D), 1998. Formerly 18.24.070.]
18.36.080 Unlicensed vehicles – Parking and storage restrictions.
Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. [Ord. 1628 § 1 (Att. A), 2021; Ord. 1089 § 4 (Exh. D), 1998. Formerly 18.24.080.]
18.36.090 Yard requirements – Modification.
A. Where the average natural slope of the front half of a lot is more than one foot rise or fall in five feet horizontal, the front yard may be reduced by not more than five feet.
B. Where the average natural slope of the rear half of the lot is more than one foot rise or fall in five feet horizontal, the rear yard may be reduced to 10 feet.
C. Other provisions of this title notwithstanding, a conforming addition may be made to an existing nonconforming single-family dwelling where such nonconformance is due to inadequate front, side or rear yard setback, providing such single-family dwelling complied with the yard setbacks required by ordinance at the time of construction, or was constructed prior to the adoption of setback requirements.
D. Zero Lot Line Design Standards. Notwithstanding any other provision in the Leavenworth Municipal Code (“LMC”), a zero lot line development may be permitted when developed in conformity with the following design standards:
1. Structures shall be constructed to share a single common side or rear yard property line with a zero-foot setback.
2. The two structures shall be constructed simultaneously.
3. Each lot may increase lot coverage to a maximum of 40 percent.
4. The design of the structures shall include, at least one, articulation of the facade (vertical articulation) or multi-planed roofs to soften the appearance of the structure.
a. When a structure is greater than two stories horizontal articulation shall be included.
E. Front porches may be extended up to eight feet into the front yard setback. [Ord. 1628 § 1 (Att. A), 2021; Ord. 1583 § 1 (Att. A), 2019; Ord. 1089 § 4 (Exh. D), 1998. Formerly 18.24.090.]
18.36.095 Nonconforming single-family dwelling additions.
Other provisions of this title notwithstanding, a conforming addition may be made to an existing nonconforming single-family dwelling where such nonconformance is due to inadequate front, side or rear yard setback, providing such single-family dwelling complied with the yard setbacks required by ordinance at the time of construction, or was constructed prior to the adoption of setback requirements. [Ord. 1589 § 1 (Att. B), 2022.]
18.36.100 Decks, patios and balconies – Restrictions and clarification.
Repealed by Ord. 1589. [Ord. 1628 § 1 (Att. A), 2021; Ord. 1089 § 4 (Exh. D), 1998. Formerly 18.24.100.]
18.36.150 Family entertainment enterprise.
Family entertainment enterprise shall be no larger than 2,500 square feet for total floor area. [Ord. 1627 § 2 (Att. B), 2021.]
18.36.160 Mobile food vendors.
Mobile food vendors may park on the city street adjacent to a city park during the hours of 7:00 a.m. to 10:00 p.m. with a special use permit. [Ord. 1627 § 2 (Att. B), 2021.]
18.36.200 Incubator planned site development.
For the purposes of this planned site development incubator sites will be reviewed as a full administrative review, and include:
A. Attached or on-site mixed occupancy to accommodate residential unit(s) and industrial uses;
B. Dwellings, including rental apartments, multifamily, live-work units, single-family and condominiums, shall be a maximum gross floor area of one square foot of dwelling to one square foot of industrial use;
C. Common areas may include: loading areas, storage yards, main entrance, restrooms, and other shared rooms (office and conference room(s)). Office and conference rooms shall not exceed 30 percent of the building area;
D. The primary function is to accommodate the industrial uses. Site development shall include consideration of activities that may conflict with equipment/pedestrian or other travel, odors, noise, and vibration;
E. The city of Leavenworth community development director may deviate from: the building height by 20 percent; yard setbacks to a minimum of five feet regardless of proximity to residential or recreational zone; and landscaping standards within LMC 14.12.190, Off-street parking landscaping requirements. [Ord. 1627 § 2 (Att. B), 2021.]
18.36.210 Cryptocurrency.
Cryptocurrency mining may be permitted when meeting the following standards:
A. The use of cargo containers, railroad cars, semi-truck trailers and other similar storage containers for any component of the operation is strictly prohibited.
B. Written verification, prior to building permit issuance, from Chelan County public utility district (PUD) that the proposed development meets the PUD requirements.
C. Verification that the potential electrical consumption of the proposed use will not impact the 20-year capacity available to serve the other needs of the city and urban growth area. Through this analysis the PUD can assist the city in determining if there is a detrimental impact to the city’s ability to accommodate the growth and redevelopment identified in the comprehensive plan and the city’s development codes.
D. Written verification, prior to occupancy permit, of passed final inspection of the electrical permit from Washington State Department of Labor and Industries. [Ord. 1627 § 2 (Att. B), 2021.]
18.36.220 Enclosure requirements for light industrial district.
When any portion of a light industrial activity is located within 300 feet of any residential zone, the light industrial use shall be completely enclosed by a building. Exceptions to the enclosure requirement shall include:
A. Off-street parking for patrons and employees of the light industrial use;
B. Off-street loading, provided no off-street loading shall occur from 9:00 p.m. to 7:00 a.m.;
C. Storage of materials necessary to the activity. [Ord. 1589 § 1 (Att. B), 2022.]
18.36.225 Screening requirements for light industrial district.
All light industrial uses shall meet the following screening requirements when abutting, touching, or if located across a street or alley from any residential, commercial or recreational zone:
A. There shall be installed and maintained in good condition a solid six-foot fence on those property lines which actually abut, touch or are located across a street or alley;
B. In lieu of a fence, a view-obscuring six-foot- tall evergreen hedge that is as effective as a solid fence may be used;
C. No material shall be stacked so as to be visible above the fence;
D. All material and equipment associated with the use shall be stored within the fenced area; and
E. Lighting shall be in conformance with Chapter 14.28 LMC, Lighting Standards. [Ord. 1589 § 1 (Att. B), 2022.]
Code reviser’s note: Ords. 1627 and 1628 add these provisions as Chapter 18.35. The chapter has been editorially renumbered to avoid duplication of numbering.
Prior ordinance history: Ords. 531, 551, 727, 737, 754, 807, 857 and 989.