Chapter 18.08
RSR RESIDENTIAL/SENSITIVE RESOURCE ZONE DISTRICT

Sections:

18.08.010    Intent.

18.08.020    Permitted uses.

18.08.030    Accessory uses.

18.08.040    Conditional uses.

18.08.050    Density regulations.

18.08.060    Conversion plans.

18.08.070    Clearing and grading activities.

18.08.080    Screening and buffering requirements.

18.08.010 Intent.

The intent of the residential/sensitive resource (RSR) zone district is to accommodate and establish low density residential neighborhoods in a manner that is compatible with areas of unique open space character and environmental sensitivity.

(Ord. O95-035, Amended, 12/19/1995; Ord. O95-014, Added, 07/18/1995)

18.08.020 Permitted uses.

Permitted uses in the RSR zone district are as follows:

A.    Single-family detached dwellings;

B.    Designated manufactured homes on single lots of record, in accordance with the provisions of TMC Chapter 18.48;

C.    Parks, trails, open space areas, and other related passive recreation facilities;

D.    Wildlife refuges and forest preserves;

E.    Support facilities;

F.    Family child care home; child mini-day care center, subject to TMC Chapter 18.52;

G.    Adult family homes, residential care facilities;

H.    The housing, care and keeping of animals consistent with the requirements of TMC Chapter 6.08;

I.    Agriculture up to thirty acres in size, subject to TMC 18.42.070;

J.    Attached wireless communication facilities, except that it is prohibited to attach a nonaccessory wireless communication antenna on a single-family or two-family dwelling;*

K.    Community gardens.

*Wireless communication facilities are subject to Federal Aviation Administration (FAA) standards and approval, and furthermore are subject to provisions for wireless communication facilities in TMC Chapter 11.20, Wireless Communication Facilities.

(Ord. O2018-025, Amended, 12/18/2018; Ord. O2017-022, Amended, 12/05/2017; Ord. O2017-006, Amended, 07/18/2017; Ord. O2010-029, Amended, 06/07/2011; Ord. O2011-002, Amended, 03/01/2011; Ord. O2005-011, Amended, 07/05/2005; Ord. O2000-004, Amended, 07/18/2000; Ord. O97-019, Amended, 06/17/1997; Ord. O95-035, Amended, 12/19/1995; Ord. O95-014, Added, 07/18/1995)

18.08.030 Accessory uses.

Accessory uses in the RSR zone district are as follows:

A.    Structures for the storage of equipment and/or produce, including but not limited to greenhouses, barns, toolsheds, and storage sheds, subject to TMC 18.42.015;

B.    Detached garages or carports, subject to TMC 18.42.015;

C.    Home occupations, subject to TMC 18.42.030;

D.    Noncommercial recreational structures which could include swimming pools and recreational ball courts;

E.    Energy systems;

F.    Accessory dwelling units, provided they meet the requirements of TMC 18.42.010;

G.    Accessory wireless communication antenna;*

H.    Electric vehicle infrastructure;

I.    Accessory buildings or structures to a permitted use on a contiguous lot or lots under the same ownership within the same zone district.

*Wireless communication facilities are subject to Federal Aviation Administration (FAA) standards and approval, and furthermore are subject to provisions for wireless communication facilities in TMC Chapter 11.20, Wireless Communication Facilities.

(Ord. O2018-025, Amended, 12/18/2018; Ord. O2018-007, Amended, 10/16/2018; Ord. O2017-022, Amended, 12/05/2017; Ord. O2017-006, Amended, 07/18/2017; Ord. O2010-029, Amended, 06/07/2011; Ord. O2011-002, Amended, 03/01/2011; Ord. O2010-015, Amended, 09/07/2010; Ord. O97-019, Amended, 06/17/1997; Ord. O95-035, Amended, 12/19/1995; Ord. O95-014, Added, 07/18/1995)

18.08.040 Conditional uses.

Conditional uses in the RSR zone district are as follows:

A.    Churches;

B.    Wireless communication towers;*

C.    Cemeteries;

D.    Child day care center;

E.    Schools;

F.    Neighborhood community center;

G.    Group foster homes;

H.    The following essential public facilities:

1.    Emergency communications towers and antennas;*

I.    Temporary expansions of schools, such as portable classrooms.

*Emergency communication towers and antennas and wireless communication facilities are subject to Federal Aviation Administration (FAA) standards and approval, and furthermore both uses are subject to provisions for wireless communication facilities in TMC Chapter 11.20, Wireless Communication Facilities.

(Ord. O2018-025, Amended, 12/18/2018; Ord. O2017-006, Amended, 07/18/2017; Ord. O97-019, Amended, 06/17/1997; Ord. O95-035, Amended, 12/19/1995; Ord. O95-014, Added, 07/18/1995)

18.08.050 Density regulations.

Density regulations in the RSR zone district are as follows:

A.    Site Area. All land divisions are subject to the lot size provisions of this section; provided, that all land divisions must meet the following density requirements:

1.    Minimum: two dwelling units per acre;

a.    In situations where density requirements and lot size, shape, topography, or location result in a subdivision that cannot possibly meet the density requirements, a reduction in minimum density (i.e., an increase in maximum lot size) may be granted by the community development director if all of the following criteria can be met:

i.    The lot to be subdivided must be less than or equal to one-half acre in total area.

ii.    The reduction in minimum density may not result in more than one additional single-family dwelling.

iii.    The reduction in density will not result in a density that is less than eighty-five percent of the minimum density required in the applicable zoning district.

iv.    The conditions unique to the site (size, shape, topography, etc.) are not the result of actions by the applicant.

v.    In no event may a reduction in density be granted if it would result in a use that would not be allowed as a permitted use, accessory use, or conditional use in the district in which the property is located.

2.    Maximum: four dwelling units per acre, or if a land division is subject to the clustering provisions of subsection E of this section and not subject to the wetland protection standards of TMC Chapter 16.28, the maximum density shall be no greater than one hundred twenty-five percent of the maximum density that would otherwise be allowed.

B.    Density Calculation. The calculation of the density requirements in subsection A of this section is based on the portion of the site that contains lots devoted to residential and associated uses (e.g., dwelling units; private community clubs; stormwater detention, treatment and infiltration). The following land is excluded from density calculations:

1.    Land that is required to be dedicated for public use as open space, right-of-way, or land on which development is prohibited by TMC Title 16, Environment, and land that is to be used for private roads; provided, that portion of open space/park areas that consists of stormwater facilities and that is designed for active and/or passive recreational purposes in accordance with the drainage design and erosion control manual for Tumwater shall not be excluded from density calculations;

2.    Land that is intended for future phases of development created in accordance with TMC 18.08.060;

3.    Land that consists of lots devoted to uses other than residential and associated uses, including but not limited to churches, schools, and support facilities (except for stormwater detention, treatment and infiltration facilities).

C.    Division of Land Not on Public Sanitary Sewer. Division of land in areas without sewer must occur in a manner that maintains long-term potential to achieve minimum required densities and efficient provision of sewer once sewer becomes available. For a proposed division of land not required to be served by the extension of public sewer or a community septic system at the time of approval, a conversion plan shall be submitted in accordance with TMC 18.08.060 for the entire property, and the proposed land division shall be subject to the following:

1.    For land division of an existing lot of record created prior to September 15, 1998:

a.    Any division creating two lots shall not be subject to the minimum density requirements of subsection A of this section, provided one of the lots created is at least five acres in size. A note must be included on the recorded land division that future land divisions shall meet minimum density requirements of subsection A of this section in each phase of development.

b.    Any division creating more than two lots shall meet the minimum density requirements of subsection A of this section in each phase of development.

D.    Lot Size Requirements.

1.    Maximum: no maximum lot size;

2.    Minimum: nine thousand five hundred square feet, or if a land division is subject to the clustering provisions of subsection E of this section or the wetland protection standards of TMC Chapter 16.28, the minimum lot size shall be seven thousand six hundred square feet;

3.    In the event that the minimum lot size provisions above make it impossible to achieve the minimum density permitted under subsection A of this section, one or more lots may be reduced in size by up to ten percent. This provision may be applied only to the minimum number of lots necessary to allow the minimum density to be achieved.

E.    Clustered Subdivision. Any site in this zone district may be subdivided as a clustered subdivision, subject to the following:

1.    The portion of the site dedicated for open space use shall be at least thirty percent of the area of the entire site;

2.    At least one-half of the area dedicated for open space shall be useful for passive recreational purposes;

3.    The area dedicated for open space shall be located so as to include environmentally sensitive areas (e.g., wetlands, riparian areas) to the maximum extent possible;

4.    The clustered subdivision must meet all other provisions of this chapter.

F.    Lots Located Adjacent to a Wetland. Lots located adjacent to a wetland and/or wetland buffer shall be as large as practicable within the allowances of this section and the physical conditions of the site.

G.    Lot coverage, impervious surface:

1.    The maximum impervious surface for lots smaller than one acre in size shall be forty percent of the total area of the lot or seven thousand five hundred square feet, whichever is less.

2.    The maximum impervious surface for lots between one acre and twenty acres in size shall be in accordance with Table 18.08.050, rounded to the nearest acre.

TABLE 18.08.050 LOT COVERAGE, IMPERVIOUS SURFACE 

Acres

Max Impervious Surface (in Sq. Ft.)

1.00

9,500

2.00

11,500

3.00

13,500

4.00

15,500

5.00

18,500

6.00

21,500

7.00

24,500

8.00

27,500

9.00

30,500

10.00

33,500

11.00

36,500

12.00

39,500

13.00

42,500

14.00

45,500

15.00

48,500

16.00

51,500

17.00

54,500

18.00

57,500

19.00

60,500

20.00

63,500

3.    The maximum impervious surface for lots larger than twenty acres in size shall be sixty-three thousand five hundred square feet plus an additional three thousand square feet for every additional acre in lot size, rounded to the nearest acre.

H.    Structure height: thirty-five feet, maximum; provided, however, that no structure shall penetrate imaginary airspace surfaces as defined by 14 C.F.R. Part 77. A map that provides detailed information on ground and imaginary airspace surface elevations is available for inspection in the community development department.

I.    Yards.*

1.    For lots less than nine thousand five hundred square feet in area, yards shall be as follows:

a.    Front: twenty feet minimum from frontage property line on streets interior to a development, twenty-five feet minimum from frontage property line on streets classified in the Tumwater transportation plan as urban collectors, minor arterials, and major arterials;

b.    Side: seven and one-half feet from property line, minimum;

c.    Rear: ten feet, minimum, from rear property line; twenty-five feet minimum from rear property line abutting streets classified in the Tumwater transportation plan as urban collectors, minor arterials and major arterials. Exception: Storage, garden, and tool sheds two hundred square feet in area or less may be located a minimum of ten feet from the property line.

2.    For lots greater than or equal to nine thousand five hundred square feet in area, yards shall be as follows:

a.    Front: twenty feet minimum from frontage property line on streets interior to a development, twenty-five feet minimum from frontage property line on streets classified in the Tumwater transportation plan as urban collectors, minor arterials, and major arterials;

b.    Side: ten feet from property line, minimum;

c.    Rear: twenty feet, minimum, from rear property line; twenty-five feet minimum from rear property line abutting streets classified in the Tumwater transportation plan as urban collectors, minor arterials and major arterials. Exception: Storage, garden, and tool sheds two hundred square feet in area or less may be located a minimum of ten feet from the property line.

J.    Yards Exception. Any side or rear yard, not abutting on a public or private street, may be reduced to zero, provided:

1.    That the yard area reduced by this procedure is added to the required setback on the opposite side of the site;

2.    The opposite side yard setback is no less than ten feet after the yard area has been added as described in subsection (J)(1) of this section;

3.    Where zero yard setback is used, the abutting site must be held under the same ownership at the time of initial construction or the owners of the abutting property(ies) record agreements or deed restrictions providing maintenance access and consent in writing to such zero yard setback;

4.    The adjacent setback for such abutting property(ies) is not less than ten feet.

K.    Planned Unit Developments. No development in this zone district shall be permitted using the planned unit development provisions of TMC Chapter 18.36.

*See Diagram 18.04.670, Yard Determination Diagram, in TMC 18.04.230, Y definitions.

(Ord. O2018-007, Amended, 10/16/2018; Ord. O2017-003, Amended, 04/18/2017; Ord. O2016-037, Amended, 01/03/2017; Ord. O2011-002, Amended, 03/01/2011; Ord. O2004-009, Amended, 12/07/2004; Ord. O2000-004, Amended, 07/18/2000; Ord. O98-009, Amended, 10/20/1998; Ord. O98-001, Amended, 09/15/1998; Ord. O97-025, Amended, 12/02/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. O95-014, Added, 07/18/1995)

18.08.060 Conversion plans.

For any land division that is submitted in phases of development, or that does not meet the minimum density requirements of TMC 18.08.050(A), the approval shall be contingent upon the following:

A.    The lots created by the land division for residential and associated uses (e.g., dwelling units; private community clubs and recreation areas; stormwater detention, treatment and infiltration) shall meet the applicable requirements of TMC 18.08.050.

B.    A conversion plan must be submitted for the entire property which demonstrates that the property can be subsequently subdivided to create sufficient lots to achieve the minimum densities necessary to comply with TMC 18.08.050. Such conversion plan shall depict a schematic lot layout, approximate location of utility easements, and potential street access and an internal circulation system consistent with city transportation policies. Conversion plans shall not be required to be stamped by an engineer or surveyor, and may be included as part of a drawing or plan submitted for the land division application. Simultaneous with the filing of the conversion plan, the applicant will be required to record with the county auditor, in a form acceptable to the city attorney, a document to be placed in the chain of title of the property giving constructive notice of the special density requirements relating to the property. This conversion plan will not bind future phases of development of the site to anything except the obligation to meet the overall density requirements of the entire property. Acceptance of a conversion plan by the city or county does not, by itself, constitute approval of, nor the granting of vested rights to, a future phase of development.

(Note: The purpose of the conversion plan is to ensure that the entire property can be ultimately developed at the residential densities required for this zone district, not to limit future development to a specified development scheme. Recognizing that some property subject to this requirement may not be redeveloped in the near future, the time and cost involved in preparing and obtaining approval of a conversion plan should be kept to a minimum.)

(Ord. O98-001, Amended, 09/15/1998; Ord. O95-035, Amended, 12/19/1995; Ord. O95-014, Added, 07/18/1995)

18.08.070 Clearing and grading activities.

Clearing, grading or other activities that remove or substantially alter vegetative ground cover shall not be permitted within this zone district during the wet season (between November 1 and April 30) to protect environmentally sensitive areas from potential sedimentation and runoff associated with these activities.

(Ord. O95-035, Amended, 12/19/1995; Ord. O95-014, Added, 07/18/1995)

18.08.080 Screening and buffering requirements.

Buffering should be provided between this zoning district and areas in the light industrial zoning district. Buffering should be equally shared between the abutting industrial and residential developments, unless one of the uses is already developed as of January 1, 1996. If the residential use already exists, no further buffering should be required of the residential property owner. If the industrial use already exists, the residential use will be required to install buffering measures.

(Ord. O97-024, Amended, 03/03/1998; Ord. O95-035, Added, 12/19/1995)

TMC CHAPTERS 18.08 THROUGH 18.16

DENSITY CALCULATION FORMULA FOR ALL RESIDENTIAL ZONES

Total Area of Lot

-    Critical Areas (areas required to be kept free of development in TMC Title 16, e.g., wetlands, buffers, steep slopes, etc.) (if applicable)

-    Additional Dedicated Open Space (if applicable)

-    Road Rights-of-Way

-    Reserve Tract (if applicable)

-    Lots devoted to uses other than residential and associated uses (e.g., churches, schools, support facilities other than stormwater uses) (if applicable)

=    Total Net Developable Land* (portion of property that can be developed at allowable density of dwelling units per acre)

*Note: Any required on-site stormwater facilities are to be constructed within this area unless expressly permitted elsewhere by the community development director in accordance with city policy.

TMC 18.08.050(A) and (B)

EXAMPLE DENSITY TRANSFER CALCULATION #1

Residential/Sensitive Resource Zone (2 – 4 DU/ACRE)

10 acres

Total Area of Land

 

-1 acre

Critical Area (e.g., wetland or dedicated open space) (@ 4 DU/acre = 4 DU)

- 2 acres

Road Rights-of-Way

= 7 acres

Net Developable Land (including stormwater facilities) (max. density @ 4 DU/acre = 28 DU)

Density Transfer Calculation

Max. allowable density with transfer: 28 DU x 1.25 = 35 DU} Lesser number =

Density transfer from critical area (excluding wetlands): 28 DU + 4 DU = 32 DU} total DUs permitted (32)

TMC 18.08.050(A) and (B)

EXAMPLE DENSITY TRANSFER CALCULATION #2

Residential/Sensitive Resource Zone (2 – 4 DU/ACRE)

10 acres

Total Area of Land

 

-3.5 acres

Critical Area (e.g., wetland or dedicated open space) (@ 4 DU/acre = 14 DU)

- 1.5 acres

Road Rights-of-Way

= 5 acres

Net Developable Land (including stormwater facilities) (max. density @ 4 DU/acre = 20 DU)

Density Transfer Calculation

Max. allowable density with transfer: 20 DU x 1.25 = 25 DU} Lesser number =

Density transfer from critical area (excluding wetlands): 20 DU + 14 DU = 34 DU} total DUs permitted (25)

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2014-007, Amended, 07/15/2014; Ord. O2013-025, Amended, 01/07/2014; Ord. O2010-029, Amended, 06/07/2011; Ord. O2011-002, Amended, 03/01/2011; Ord. O2010-005, Amended, 09/07/2010)