Chapter 17.12
USE AND CLASSIFICATIONS
Sections:
17.12.010 Land use classifications.
17.12.040 Commercial use of property.
17.12.050 Special property uses.
17.12.010 Land use classifications.
The land use classifications within the zones as shown on the zoning map of the town of Yarrow Point shall be:
Zone R-12 Residential
Zone R-15 Residential
(Ord. 549 § 1, 2005)
17.12.020 Permitted uses.
It is hereby established that the uses permitted in all zones are as set forth in this chapter. Any use not expressly permitted is prohibited. (Ord. 549 § 1, 2005)
17.12.025 Primary uses.
Primary uses include single-family dwellings. One single-family residence is permitted on each building site. (Ord. 549 § 1, 2005)
17.12.030 Accessory uses.
The only accessory uses permitted in all zones are listed in the following subsections. Specific limitations on accessory uses and structures are identified where such limitations have been established.
A. Paving. Impervious surfaces shall include provisions to direct rain water into a street storm drain or into a detention system or into a storm drain infiltration system in accordance with adopted stormwater standards.
B. Fences, Walls, Hedges.
1. No fence, wall, hedge or vegetation shall be permitted which will impair the visibility for vehicular traffic as determined by the town engineer or his designee.
2. No fence, freestanding wall, retaining wall, rockery, or hedge in the setback area shall exceed six feet, six inches in height above the lowest adjacent finished grade, except as noted below.
3. Where a retaining wall protects a cut, such a wall may be topped by a fence or wall of the same height that would otherwise be permitted at the location if no retaining wall existed.
4. Where a retaining wall protects a fill, the height of the fill shall be considered as subtracting from the normally permitted height of a fence constructed in the setback area.
5. Whenever a fence is required as a protective guard rail for a retaining wall that protects a fill, the combined height of the wall and fence shall be permitted to exceed six feet, six inches in height; provided, that the fence shall not exceed 36 inches in height and any portion of such fence more than six feet, six inches above the foot of the wall shall be an open-work fence.
C. Garages used to store vehicles, maintenance materials and equipment associated with the primary use.
D. Underground structures.
E. Accessory Dwelling Units. One accessory dwelling unit is permitted as subordinate to an existing single-family dwelling; provided, that the following requirements are met:
1. Owner Occupancy. Either the principal dwelling unit or the accessory dwelling unit must be occupied by an owner of the property or an immediate family member of the property owner. “Owner occupancy” is defined as a property owner, as reflected in title records, who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and actually resides at the site more than six months out of any given year.
2. Size. The gross floor area of an accessory dwelling unit shall not exceed six percent of the lot area and shall contain not less than 220 square feet and not more than 850 gross square feet, excluding any related garage area.
3. Location. The accessory dwelling unit may be a part of the principal residence or in a separate building.
4. Parking. Two 10-foot by 22-foot off-street parking places are required in addition to off-street parking required for the primary residence.
5. The accessory dwelling unit shall have an external entry, thus not requiring entry into the primary residence. Where the primary residence has frontage on a public street, the accessory dwelling unit entry shall not face the public street.
6. Address. The accessory dwelling unit shall have a separate house number as established by the town building official.
7. Code Compliance. The accessory dwelling unit shall comply with the State Building Code.
8. No more than two persons may reside in an accessory dwelling unit.
F. Garden sheds.
G. Hobby shops shall be permitted as a use in any accessory or primary residential building and, to the extent that any activity in connection therewith is conducted out of doors, shall be so screened as to be substantially obscured from public view.
H. Inundated Land. The only uses permitted for inundated land are those uses related to recreation, such as swimming, boating, docks, piers and boathouses. Inundated land may not be filled with earth or any other material except as permitted by applicable federal and state regulations. The shoreline shall not be altered to reduce the water area. If altered, the shoreline shall be continuous at each property sideline boundary. The depth of the water may be increased but depth may not be reduced.
I. Bulkheads. A bulkhead consisting of rock, stone, concrete, timber or similar materials may be constructed, provided it does not materially reduce the water area. They may be placed at the shoreline, following its contour as defined in Chapter 17.08 YPMC, or the shoreline may be cut back to allow its placement. Bulkheads shall be continuous at each property sideline boundary where bulkheads exist.
J. Piers. One pier is permitted for each building site or each separately provided lot which may not be a building site when a minimum setback of 10 feet from the extended lot line is provided. Piers may be located so as to straddle a property line when a mutual reciprocal easement between the two affected properties which provides for the common use of such pier is filed with the county auditor. A property line pier is allowed only in lieu of any other pier. Piers may extend outward from the shoreline of ordinary high water for a distance not to exceed 150 feet.
K. Boat Houses. One covered structure located over the water and upon or as part of any pier is permitted for each lakefront building site. The sides of the structure shall not be enclosed except that one storage locker may be constructed on the shoreward end which shall not exceed six feet in width and three feet in depth.
L. Piling for Piers and Moorage. Piling for moorage shall not extend higher than six feet above the line of ordinary high water. Piling for piers and boathouses shall not extend above the deck of the pier. A setback of 10 feet shall be provided from extended sidelines, except that piling may be located without respect to setbacks when mutual reciprocal easements are filed with the county auditor by the adjoining affected property owners.
M. Boats, Float Planes, Seaplanes and Helicopters.
1. Boats. Boats may be stored; provided, that such storage position, if not at a dock or boat house, is located so the vessel meets all setback requirements for buildings except as provided in YPMC 17.16.040(A)(2). Boats may not be lived in.
2. Seaplanes. Seaplanes may be moored or stored within the town; provided, that seaplanes must maintain a 10-foot setback from the side property lines of adjacent properties and no part of a seaplane may extend into the 10-foot setback. Seaplanes may not be anchored to shorelands adjacent to waterfront property or attached to such property without the permission of the owner of such property.
3. Helicopters. The storage, use or operation of helicopters is prohibited, except in cases of emergency.
N. Recreational Facilities.
1. Playgrounds, tennis courts, badminton courts, basketball courts, and similar facilities.
2. Swimming Pools, Hot Tubs, and Spas. Swimming pools, hot tubs and spas, including temporary and permanent covers, exceeding height of low decks are required to meet all restrictions applicable to structures. Pools must be enclosed by fencing at least five feet high, with no openings larger than four inches wide. Gates must be self-closing with self-latching devices that are at least four and one-half feet above the ground and located on the pool side of the fence. The fencing and gate shall be designed to prohibit climbing or penetration by small children. Other permanent barriers equal to or more effective than fencing in controlling access may be deemed acceptable. Application for approval of alternate barriers shall be made through the planning commission for approval by the town council.
3. Fencing surrounding tennis courts, paddle tennis courts, and similar recreational facilities shall be constructed of non-sight-obscuring material and shall not exceed 12 feet in height.
4. Lighting. Outdoor lighting of recreational facilities and for general yard illumination must point downwards. The beam of light must be no higher than three feet above grade at the property line of any adjoining property. Light poles or standards must comply with the height restrictions for structures set forth in this title, but are exempt from setback restrictions.
O. Large Vehicles. Large vehicles may be stored; provided, that the vehicle meets all setback requirements for buildings. Such vehicles may not be lived in.
P. Signs shall be permitted as provided in Chapter 15.08 YPMC. (Ord. 722 §§ 5, 6, 2023; Ord. 593 § 2, 2009; Ord. 549 § 1, 2005; Ord. 439 §§ 1 – 5, 1995)
17.12.040 Commercial use of property.
No commercial activity shall be carried on within the corporate limits of the town of Yarrow Point, unless the following conditions are-met:
A. The home occupation will be carried on within the confines of the resident’s home.
B. Only one employee who is not a member of the resident’s immediate family may be employed in the home occupation.
C. There shall be no visible exterior display, no exterior signs, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the premises.
D. Structural alterations to the interior or exterior of the building which change its residential character are prohibited.
E. There shall be no noise, vibration, smoke, dust, odors, heat or glare produced as a result of the home occupation which would exceed that normally produced at a single-family residence.
F. There shall be no demand for parking beyond that which is normal to the neighborhood and no unusual or excessive traffic to and from the premises. In no case shall the home occupation cause on-street parking.
G. The proposed home occupation shall in no way disturb the tranquillity of the neighborhood.
H. There shall be no more than two outside visitors/customers at the single-family residence as a result of the home occupation at any one time.
I. There shall be no commercial kennels for dogs, cats and other animals.
J. A homeowner may accommodate roomers or boarders so long as it is not done in a commercial scale.
K. Adult family homes are permitted subject to applicable state law and subject to subsections A through H of this section. (Ord. 549 § 1, 2005)
17.12.050 Special property uses.
The following special property uses are permitted subject to the provisions noted for each such use:
A. Public buildings.
B. Public parks and playgrounds.
C. Churches. Off-street parking shall be provided for one automobile for each two units of individual seating therein.
D. Public utility facilities. (Ord. 549 § 1, 2005)