Chapter 18.32
R-7.2, R-12.5, R-15 AND R-20 (RESIDENTIAL) ZONES

Sections:

18.32.010    Repealed.

18.32.020    Primary permitted uses.

18.32.021    Guests within primary residential building.

18.32.030    Accessory permitted uses.

18.32.031    Repealed.

18.32.032    Greenhouses.

18.32.033    Guest houses.

18.32.034    Hobby shops.

18.32.035    Living accommodations for domestic service workers.

18.32.036    Piers.

18.32.037    Private garage or carport – Swimming pool.

18.32.038    Signs, nameplates and business signs.

18.32.040    Keeping animals in accessory buildings.

18.32.045    Application for conditional use permit.

18.32.050    Standards for conditional uses.

18.32.060    Nonconforming use.

18.32.070    Nonconforming building or structure.

18.32.075    Bulk regulations for nonconforming lots.

18.32.080    Bulk regulations for primary uses.

18.32.090    Private ways.

18.32.100    Bulk regulations for accessory uses.

18.32.110    Parking and storage of house trailers.

18.32.120    Satellite receiving systems – Purpose.

18.32.130    Satellite receiving systems – Installation – Building permit required.

18.32.140    Satellite receiving systems – Application for approval.

18.32.150    Satellite receiving systems – Development standards.

18.32.010 Establishment of zones.

Repealed by Ord. 743. (Ord. 426A § 2, 1983; Ord. 381 § 6, 1981; Ord. 90 § 2.01.010, 1958).

18.32.020 Primary permitted uses.

The primary permitted uses of the R-20, R-15, R-12.5 and R-72 zones are:

(1) Single-family residence buildings to be occupied by one household each;

(2) City municipal offices, including police station and public works facilities;

(3) City municipal parks; provided, that:

(a) No outdoor public amusement devices for hire are permitted,

(b) Any outdoor lighting provided to illuminate any building or athletic recreational fields shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located,

(c) Any building or structure with a service yard on the site shall be set back 50 feet from any property line and from any public street;

(4) Art galleries, museums and libraries when located in a municipal park;

(5) The establishment of the primary permitted uses set forth in subsections (2), (3), and (4) of this section shall occur only by resolution of the city council following a public hearing on the use to be established. At least 10 days and not more than 14 days prior to the hearing, a public notice of the time, place and purpose of the hearing shall be made by posting such notice on and within 200 feet of the property on which the proposed use is to be made and by publication in a newspaper of general circulation in the city, and by postal notice to each owner of property within 300 feet of the subject property. (Ord. 898 § 5, 2013; Ord. 493 § 1, 1988; Ord. 426A § 3, 1983; Ord. 381 § 7, 1981; Ord. 90 § 2.01.020, 1958).

18.32.021 Guests within primary residential building.

Guests of the household which occupies the primary residential building may reside in the primary residential building; provided, that not more than two guests may reside therein for any period exceeding six months unless the guest or guests are students or exchange students, in which case such students may reside therein for the period in which they are enrolled and regularly attending any accredited school. (Ord. 898 § 6, 2013; Ord. 381 § 9, 1981).

18.32.030 Accessory permitted uses.

The uses designated in NPMC 18.32.031 through 18.32.038 may be permitted when accessory to a single-family dwelling. (Ord. 692 § 7, 2002; Ord. 289 § 3, 1975; Ord. 247 § 1, 1971; Ord. 90 § 2.01.030, 1958).

18.32.031 Fences, walls and hedges.

Repealed by Ord. 752. (Ord. 365, 1980; Ord. 247 § 1, 1971; Ord. 99 § 1, 1959; Ord. 90 § 2.01.031, 1958).

18.32.032 Greenhouses.

Greenhouses and buildings erected for the storage of landscaping and gardening equipment used only for the purposes of maintaining the zoning lot upon which the equipment is located shall be permitted and may be structurally a part of a guest house, automobile storage garage or a part of the residential building. (Ord. 247 § 1, 1971; Ord. 201 § 1, 1968; Ord. 90 § 2.01.032, 1958).

18.32.033 Guest houses.

One guest house shall be permitted when the total GFAR for the specific zone is not exceeded. A guest house shall only be used as a single-family dwelling for guests or for members of the household which occupies the primary residential building; provided, that not more than two guests may occupy the guest house for any period exceeding six months. The guest house shall not, in any instance, be used for rental purposes or be sold as a primary residence. (Ord. 898 § 7, 2013; Ord. 381 § 8, 1981; Ord. 247 § 1, 1971; Ord. 90 § 2.01.033, 1958).

18.32.034 Hobby shops.

Hobby shops shall be permitted as a use in a principal residential or accessory building (when said accessory building is located in the rear yard); provided, that any such use shall be so screened as to be obscured from public view. (Ord. 247 § 1, 1971; Ord. 90 § 2.01.034, 1958).

18.32.035 Living accommodations for domestic service workers.

Up to two domestic service workers, landscape gardeners or caretakers principally employed on the premises may reside:

(1) In a separate accessory building; provided, that the total GFAR for the specific use zone is not exceeded; and provided further, that not more than one such building shall be permitted; or

(2) In a portion of the building used for the private storage of automobiles; or

(3) In a portion of the principal residential building; provided, that all requirements of this title are otherwise met. (Ord. 381 § 10, 1981; Ord. 247 § 1, 1971; Ord. 90 § 2.01.035, 1958).

18.32.036 Piers.

Piers shall be permitted when a side yard of five feet is provided, which side yard distance shall be measured between the side of the pier nearest to the extension of the adjacent lot line and said lot line. No pier shall block or close the access to any other pier, dock slip or wharf. (Ord. 247 § 1, 1971; Ord. 90 § 2.01.036, 1958).

18.32.037 Private garage or carport – Swimming pool.

Private garage or carport and private swimming pool shall be permitted. (Ord. 692 § 8, 2002; Ord. 247 § 1, 1971; Ord. 90 § 2.01.037, 1958).

18.32.038 Signs, nameplates and business signs.

Signs shall be allowed in accordance with Chapter 18.56 NPMC. (Ord. 435 § 2, 1984; Ord. 247 § 1, 1971; Ord. 90 § 2.01.038, 1958).

18.32.040 Keeping animals in accessory buildings.

Animals may be kept in any accessory building except guest houses; provided, however, that no more than two dogs except litters under the age of four months shall be kept on any zoning lot. Horses, cattle, asses, sheep, and goats may be kept on any zoning lot which complies with the respective bulk regulations contained in this title. (Ord. 885 § 1, 2012; Ord. 417 § 13, 1983; Ord. 90 § 2.01.039, 1958).

18.32.045 Application for conditional use permit.

Conditional uses in R-20, R-15, R-12.5 and R-7.2 zones shall be applied for and administered in accordance with Chapter 18.20 NPMC. (Ord. 516 § 9, 1990; Ord. 426A § 4, 1983; Ord. 401 § 5, 1982).

18.32.050 Standards for conditional uses.

The following conditional uses shall be permitted in R-20, R-15, R-12.5 and R-7.2 zones upon compliance with the conditions and standards herein specified:

(1) Churches shall be permitted upon compliance with the following conditions:

(a) One parking space for each two seats in the chapel or nave. A seat shall be deemed to be two lineal feet of bench;

(b) Any point of the church structure shall be located at least three times its line of vertical projection from the nearest lot line;

(c) The gross floor area ratio of the church including accessory buildings and structures to the lot area shall not exceed .20;

(d) Nothing in this section shall be construed to permit dormitories or living accommodations within church buildings, on church sites or on sites separate from property used for church purposes.

(2) Home occupations shall be permitted upon compliance with the following conditions:

(a) The home occupation is carried on principally by a member or members of the household residing in the dwelling unit;

(b) Is clearly incidental and secondary to the use of the property for dwelling purposes and does not substantially change the character of the property from that generally provided for in the use district or zone in question, so as to make the proposed conditional use incompatible therewith;

(c) The floor area devoted to the home occupation shall not exceed 20 percent of the existing living area of the dwelling unit; bath and kitchen area shall not be included as part of this area;

(d) Displays no more than one discrete, unlighted nameplate or sign, the area of which shall not exceed 144 square inches, that attracts attention to the home occupation; if affixed to the home the sign shall clearly display the address;

(e) Has no outside storage or other indication of the home occupation or variation from the residential character of the property;

(f) Shall not be conducted in accessory buildings constructed for the sole purpose of housing the home occupation;

(g) No materials or mechanical equipment shall be used which will be detrimental to the residential use of the residence or adjoining residences because of noise, vibration, dust, smoke, odor, lighting, or interference with radio or television reception;

(h) Requires no installation of a power source not common to a residential area;

(i) Requires no regular delivery or pickup by a truck, regular delivery being no more than seven times per week;

(j) There shall be no window display in a dwelling in which a home occupation is carried on and there shall be no display of a sample commodity outside such dwelling;

(k) Creates no level of parking beyond that which is normal to a residential area, and which provides two off-street parking spaces, plus one space for each employee or truck;

(l) Employees: no more than four employees, only two of which may be nonresidents of the houses;

(m) Has an appropriate license to operate a business from the state.

(3) Private clubs, fraternal or social organizations, shall be permitted upon compliance with the following conditions:

(a) The building or use shall be located on a minimum zoning lot of 50,000 square feet;

(b) One parking space for each 25 feet (square) of gross floor area;

(c) The gross floor area ratio is not to exceed .20 in relation to the lot area;

(d) Buildings shall be located at a distance equal to at least three times the height of the building at its highest point, from the lot lines of the nearest zoning lot not held in ownership by the organization or the nearest street right-of-way lines, located in any residential zone;

(e) The building or use shall be privately owned, and not generated as a commercial enterprise and not catering to the general public; however, it may contain food and beverage services for members thereof.

(4) Specialty schools, mini-day care program, family day care home, and preschool home shall be permitted upon compliance with the following conditions:

(a) Home occupation requirements of NPMC 18.32.050(2)(a) through (l) are met;

(b) Enrollment shall not exceed 12 children, with exception of a family day care home which shall not exceed six, in a 24-hour period inclusive of children or foster children under the age of 12 of licensee if present in the home during the program;

(c) Preschool home and mini-day care program shall have two more parking spaces than a home occupation;

(d) A mini-day care program or preschool home shall not be located within 400 feet of the property line of an existing mini-day care program or preschool home, except for distinct separation caused by topographical features or other physical elements;

(e) Outdoor play area of minimum 75 square feet per child, except for specialty schools that have no outside activity;

(f) No play structures within 15 feet of the property line;

(g) A fence of at least four feet and not more than six feet in height around the outdoor play area unless landscaping, topography, or other physical elements provide equivalent shielding from adjacent property owners. Specialty schools that do not have outside activities do not need to meet this requirement;

(h) Provider shall comply with all applicable city, state, federal, fire, health and safety requirements.

(5) School buildings in R districts shall cover not more than 35 percent of their site area. Side and rear yards of elementary and higher grade schools shall be a minimum of 50 feet each.

These provisions for the establishment of school buildings in R districts shall not be construed to permit dormitories or living accommodations within school buildings, on school sites, or on sites separate from property used primarily for school purposes.

(6) Playfields, exclusive of the building site shall be provided as follows: Kindergarten one-half acre per 100 students, elementary one acre per 100 students, junior high one and one-half acres per 100 students, senior high two acres per 100 students.

(7) Playfields for junior and senior high schools may be on sites removed from the school site but be reasonably near, and travel to and from the school site must not be hazardous.

(8) Playfields developed to the limits of their property and which are adjacent to the developed private property and have a common property line shall be fenced with a four-foot-high chain link or similar fence. In lieu of fencing a 25-foot strip of native trees or cultivated landscaping along the edge of the playfield which will constitute an effective evergreen barrier will be permitted.

(9) Utility substations shall be permitted upon compliance with the following conditions:

(a) Maximum usable area .25 on a minimum 20,000-square-foot zoning lot;

(b) Adequate screening to obscure from public view;

(c) Minimum of four off-street parking spaces;

(d) Shall be located at a distance not less than 25 feet from any lot line. (Ord. 898 § 8, 2013; Ord. 516 § 10, 1990; Ord. 467 § 1, 1986; Ord. 438 § 4, 1984; Ord. 426A § 5, 1983; Ord. 401 § 4, 1982; Ord. 387 §§ 1, 2, 1981; Ord. 143 §§ 1, 2, 1963; Ord. 90 §§ 2.01.040 – 2.01.052, 1958).

18.32.060 Nonconforming use.

(1) Continuance. Use of such land, building, or structure may continue and the user may maintain the building and/or structure providing the use, building and/or structure lawfully existed on the effective date of any ordinance or amendment thereto that resulted in the use becoming nonconforming.

(2) Change. The pre-existing nonconforming use may be changed to only such uses of the same or more restricted classifications in accordance with the essential use classifications established in this chapter.

(3) Discontinuance. Any pre-existing nonconforming use discontinued for a period of one year shall be terminated and abandoned. The user shall adapt the use, building and/or structure to conform to the essential land uses established in the zone. Where the structure housing such nonconforming use is destroyed to the extent of 75 percent or more, as determined by the building inspector, such use shall be discontinued. Any further use shall be in conformance with the standards and regulations established in the zone in which the premises are located.

(4) Enlargement. The land area of a nonconforming use shall not be expanded or enlarged in any manner, nor shall any building or structure in which such use is located be expanded or enlarged in any manner.

(5) Repairs. Any building or structure in which a nonconforming use is located may be maintained and repaired, providing such constitutes regular maintenance and repair work and does not constitute expansion or enlargement.

(6) Termination. Nonconformers as to use are not contemplated by any of the provisions of this title to have such rights in perpetuity. Nonconformers as to use are permitted to continue such use until change in the structure or building containing the nonconforming use is so extensive as to require conformance of the building, structure and/or use so as to be harmonious and homogeneous with the essential and permitted uses of the zone in which the premises are located. (Ord. 431 § 1, 1984; Ord. 90 §§ 2.02.010 – 2.02.017, 1958).

18.32.070 Nonconforming building or structure.

(1) Continuance. Any building or structure may continue and the user may maintain any building and/or structure; provided, that the building and/or structure lawfully existed on the effective date of the ordinance or amendment thereto that resulted in the building and/or structure becoming nonconforming.

(2) Alterations. Any nonconforming building or structure may be altered, renovated or remodeled; providing that its nonconformity is in no way increased.

(3) Enlargements. Any nonconforming building or structure may be enlarged; provided, that its nonconformity is in no way increased. (Ord. 431 § 2, 1984; Ord. 90 §§ 2.04.020 – 2.04.023, 1958).

18.32.075 Bulk regulations for nonconforming lots.

Notwithstanding any other provisions of this chapter, in any zone in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on a nonconforming lot as defined in this title. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the zone; provided, that all setbacks of the lot shall conform to the regulations for the zone in which the lot is located. (Ord. 431 § 4, 1984).

18.32.080 Bulk regulations for primary uses.

(1) The uses permitted in the R-20, R-15, R-12.5 and R-7.2 zones shall be in compliance with the regulations in this section and NPMC 18.10.060 and 18.15.020. The minimum gross floor area of any single-family building on the main floor, excluding breezeways, storage and utility areas, shall not be less than 1,050 square feet. Adequate access to public thoroughfare must be provided either by easements or ownership and shall not be less than 20 feet in width fronting on the public street.

No part of any required front yard setback shall be used for the storage or parking of any vehicles, except for the parking on a driveway of vehicles that are currently registered and in operable condition.

(2) Lot Width.

(a) Minimum width at street or front building line facing the street shall be not less than:

(i) One hundred feet for R-20, R-15 and R-12.5 zones;

(ii) Eighty feet for R-7.2 zone.

(b) In irregularly shaped lots, the minimum width shall apply to the front building line. Parcels of land in existence in separate ownership or under approved subdivision on November 25, 1983, the effective date of the ordinance codified in this chapter, shall be permitted to have a lesser width as follows:

(i) Eighty feet for R-20, R-15 and R-12.5 zones;

(ii) Sixty feet for R-7.2 zone.

(3) Front Yard. Fences in the front yard setback shall not exceed four feet in height.

(4) Waterfront Property. Notwithstanding the above-mentioned requirements, no building shall be located closer than 30 feet to the ordinary high water mark (OHWM), as defined in NPMC 16.08.260, except that boathouses, as defined in NPMC 18.08.020, or other buildings or structures for the storage or shelter of boats shall be allowed up to five feet of the ordinary high water mark when installed so that no sight-obscuring portion thereof extends 12 feet above the elevation of ordinary high water. (Ord. 753 § 1, 2005; Ord. 752 § 5, 2005; Ord. 743 § 15, 2004; Ord. 709 § 1, 2003; Ord. 692 § 9, 2002; Ord. 426A § 6, 1983; Ord. 351 § 1, 1979; Ord. 214 § 1, 1969; Ord. 107 §§ 1, 2, 1960; Ord. 90 §§ 2.03.010 – 2.03.019, 1958).

18.32.090 Private ways.

The effect of private ways on area and yard requirements shall be as follows:

(1) Private ways which provide access to public streets for more than one building lot shall have a width of not less than 20 feet, with an improved surface for vehicular travel of sufficient width to permit passing. No part of such private ways shall be used for off-street parking.

(2) In computing the minimum width of area requirements of a lot, that portion of a servient tenement subject to an easement for right-of-way or access from other lots to a public street, may be included; provided, that no more than one such driveway or private road shall be included in computing the minimum area of a building lot and no such right-of-way shall be considered in computing the width or yard setback requirements.

(3) For all lots served by a private way (excepting those fronting upon a public way), the front building line thereof shall be deemed to be the line parallel to the side lines of said easement or private way, and the front yard setback of said lot line shall be not less than 15 feet from the near line of said easement.

(4) The side yard requirements between the private way and a building located upon the lot fronting upon a public way shall be five feet if said easement serves not more than two lots, including the lot fronting upon the street. In all cases where said private way serves two lots, or more, in addition to the front lot, the space requirement between said front house and the near easement line shall be not less than 10 feet.

(5) Any utility easement width as specified in NPMC 17.32.050 may be included within (a) any required width of a private way, and/or (b) any required setback from such private way. (Ord. 406 § 1, 1982; Ord. 107 § 3, 1960; Ord. 90 § 2.03.020, 1958).

18.32.100 Bulk regulations for accessory uses.

(1) Accessory buildings or structures may be located on a residential lot; provided, that they use a design, trim, siding material, and roofing material compatible with the primary residence, and meet the requirements of this section.

(2) Size. The footprint of any one accessory building shall not exceed 2,500 square feet.

(3) Setbacks. Any accessory building, structure or use may be located in a rear yard and shall be located at least five feet from the rear lot line, and five feet from side lot lines except on corner lots, where the minimum of 20 feet on the street side prevails.

(4) Garage Doors Limitation. The size and number of garage doors is limited as follows:

Limit on Garage Doors Facing Any Single Property Line

(Front, Side, or Rear)

Distance from nearest garage door to property line

Cumulative width of garage doors

Less than 50'

30 linear feet, maximum of 3 garage doors

50' to 75'

40 linear feet, maximum of 4 garage doors

Over 75'

50 linear feet, maximum of 5 garage doors

(5) Swimming pools may be permitted within 10 feet of the side or rear yard line or within 20 feet from front yard lines except where any yard line borders a street and then a minimum of 20 feet shall be required on the street side.

(6) Notwithstanding the above-mentioned provisions, no building shall be located closer than 25 feet to the high water mark, except that boathouses, as defined in NPMC 18.08.020, or other buildings or structures for the storage or shelter of boats shall be allowed up to five feet of the ordinary high water mark when installed so that no sight-obscuring portion thereof extends 12 feet above the elevation of ordinary high water.

(7) Height.

(a) Accessory buildings located more than 25 feet from the rear lot line shall not exceed the lesser of the following:

(i) The maximum height allowed for primary residence in accordance with NPMC 18.24.020; or

(ii) The height of the existing primary residence.

(b) Accessory buildings located between 25 feet and five feet from the rear property lines shall comply with the height envelope described by the following equation: Allowable height = 10 feet + ((D-5)(.4)) where “D” equals the distance in feet from the rear or side property line (see Exhibit 18.32.105a). The height allowed by the above equation shall be measured from an average of the highest and lowest points of pre-existing elevation found on the portion of the building perimeter facing the lowest of the two average property line heights (see Exhibit 18.32.105b).

(8) Horses, cattle, sheep, goats, asses and similar domesticated animals may be kept in the R‑20, R-15, R-12.5 or R-7.2 zones; providing, that all buildings for housing of same shall be at least 50 feet from the closest zoning lot line, at least 100 feet from the nearest residence other than the owner’s and the roaming area for animals shall be at least 100 feet from the nearest residence other than the owner’s.

Exhibit 18.32.105a

Exhibit 18.32.105b

(Ord. 885 § 2, 2012; Ord. 692 § 10, 2002; Ord. 426A § 7, 1983; Ord. 351 § 2, 1979; Ord. 264 § 1, 1973; Ord. 90 §§ 2.04.010, 2.04.011, 1958).

18.32.110 Parking and storage of house trailers.

(1) One house trailer may be parked temporarily on a residential lot and used as a dwelling for a period not to exceed 15 days in any calendar year, and so placed as to limit it to the setbacks applicable to detached accessory buildings. One house trailer may be stored on a residential lot provided it is in compliance with the setbacks for accessory buildings.

(2) Written permission for such temporary trailer parking must be obtained by the occupant of the lot from the city manager within 24 hours of locating the trailer within the city; an assurance must be given as a condition precedent to such permission that adequate toilet, water and power facilities are available for use of the trailer occupants. (Ord. 401 § 3, 1982).

18.32.120 Satellite receiving systems – Purpose.

The purpose of this chapter is to minimize the adverse visual and physical impacts of satellite receiving systems (antennas) in the community without disrupting signal reception for the user. All other antennae are exempt from this chapter but are subject to other provisions of this code. (Ord. 450 § 1, 1985).

18.32.130 Satellite receiving systems – Installation – Building permit required.

A building permit shall be required for the installation of any satellite receiving system, except that when a satellite receiving system is included in the site plan review application for a commercial or residential structure, a separate building permit shall not be required. (Ord. 450 § 2, 1985).

18.32.140 Satellite receiving systems – Application for approval.

Application for approval must include the following:

(1) Construction drawings showing the proposed installation, including guy anchorage;

(2) A site plan showing proposed structures, setbacks, landscaping and future buildings or structures;

(3) Documentation of a maintenance program may be required. (Ord. 450 § 3, 1985).

18.32.150 Satellite receiving systems – Development standards.

(1) Satellite receiving systems must be constructed to withstand wind speeds of 100 miles per hour.

(2) Satellite receiving systems must be equipped with an anticlimbing device to prevent unauthorized access.

(3) Antennas 30 inches or larger in any dimension shall be set back at least five feet from any property line and located outside of any easements or required setback areas. The setback is measured from the part of the antenna or its base nearest the property line.

(4) A landscaping planting screen shall be provided and maintained around the structure and accessory attachments, subject to the approval of a landscaping plan by the city engineer. Satellite receiving systems shall not be visible to public view.

(5) Antennas shall comply with all applicable federal or state statutes and regulations. The city assumes no responsibility to administer these regulations.

(6) Satellite receiving systems shall not exceed 12 feet in diameter and 15 feet in height, including the base. The vertical distance shall be measured from the highest point of the pre-existing natural elevation.

(7) Only one such structure shall exist at any one time on any zoned parcel.

(8) No such satellite receiving system shall be mounted on a building.

(9) Antennas shall be painted colors that will blend with their backgrounds. (Ord. 450 § 4, 1985).