Chapter 18.15
R-8, 8 UNITS PER ACRE ZONE (5,400 SQUARE FEET)

Sections:

18.15.010 Purpose.

18.15.020 Permitted uses.

18.15.030 Conditional uses.

18.15.040 Lot area and density.

18.15.050 Lot coverage.

18.15.060 Setbacks.

18.15.070 Height limitations.

18.15.075 Minimum lot dimensions.

18.15.080 Bonus densities allowed.

18.15.010 Purpose.

The purpose of the R-8 zone is to provide for medium density residential areas in pleasant, uncongested surroundings allowing for the maximum amenities for the occupants. (Ord. 92-08 § 2, 1992)

18.15.020 Permitted uses.

Permitted uses in the R-8 zone are:

A. Accessory dwelling units;

B. Accessory uses and buildings;

C. Automobile parking facilities accessory to residential development;

D. Family day care homes;

E. Manufactured homes;

F. Minor home occupations;

G. Multifamily dwellings;

H. Parks, passive recreation;

I. Single-family dwellings built to IBC standards. (Ord. 2005-29 § 11, 2005: Ord. 95-07 § 9, 1995; Ord. 92-08 § 2, 1992)

18.15.030 Conditional uses.

Conditional uses are:

A. Bed and breakfast establishments;

B. Child day care centers;

C. Clubs;

D. Cultural facilities;

E. Educational, governmental, religious or health care facilities;

F. Major home occupations;

G. Parks, active recreation;

H. Public and private utility buildings and structures;

I. Recreation activities, indoor;

J. Recreation activities, outdoor;

K. Senior citizen housing projects utilizing the bonus densities set forth in this title under BIMC 18.12.080, except that a minimum of 3,000 square feet of lot area per unit shall be required and the parking requirement shall not be less than one space per unit;

L. Shared-use park and ride lots. (Ord. 2005-29 § 12, 2005: Ord. 96-15 § 4, 1996; Ord. 95-07 § 10, 1995; Ord. 92-08 § 2, 1992)

18.15.040 Lot area and density.

A. The density shall be one unit per 5,400 square feet of land.

B. The minimum lot area for single-family residences shall be 5,000 square feet when served by sanitary sewers.

C. An increase in density is permitted pursuant to the requirements of BIMC 18.15.080 and Chapter 18.90 BIMC. (Ord. 2006-19 § 5, 2006: Ord. 2004-12 § 10, 2004: Ord. 95-35 § 3, 1995; Ord. 92-08 § 2, 1992)

18.15.050 Lot coverage.

The maximum lot area covered by buildings shall not exceed 25 percent, except that for projects utilizing the bonus density provisions of BIMC 18.15.080, lot coverage may be increased to a maximum of 40 percent. (Ord. 2006-19 § 6, 2006: Ord. 92-08 § 2, 1992)

18.15.060 Setbacks.

A. Front setbacks, rear setbacks and side setbacks facing streets shall be not less than 25 feet measured by the distance from the nearest lot lines, planned rights-of-way or road easements.

B. Side setbacks shall not be less than 15 feet in total sum with no side setback less than five feet.

C. Rear setbacks shall be 15 feet.

D. In case of structures over two stories high, front and rear setback requirements each shall be increased by four feet for every story over two; each side setback requirement shall be increased by five feet for every story over two. (Ord. 2004-02 § 11, 2004: Ord. 92-08 § 2, 1992)

18.15.070 Height limitations.

A. The building height is 35 feet, except that buildings up to 40 feet may be allowed under a conditional use permit if, in addition to the requirements of Chapter 18.108 BIMC, it is demonstrated that: (1) view opportunities are not substantially reduced; (2) fire flow is adequate; (3) no unstable slopes or soils are on the building site; and (4) solar access of neighboring lots is not reduced.

B. Structure height is 35 feet, except that taller structures may be allowed with the issuance of a conditional use permit; provided, that (1) view opportunities are not substantially reduced; (2) structures shall not be permitted in required setbacks except as otherwise authorized by this code; (3) each setback requirement shall be increased one-half foot for every foot above the maximum structure height; (4) noncommercial, nonparabolic antennae affixed to noncommercial communication towers that are 50 feet or less in height above grade shall not require conditional use permits; (5) one flagpole 45 feet or less in height may be placed on a parcel without requiring a conditional use permit; (6) utility poles 50 feet or less in height shall not require conditional use permits; and (7) utility structures existing on the effective date of the ordinance codified in this subsection that are taller than 50 feet shall not be considered nonconforming structures and may be replaced without a conditional use permit; provided, that the structure is not larger or taller than the original structure and is not moved more than 20 feet from its original location. (Ord. 2004-02 § 1, 2004; Ord. 95-13 § 3, 1995; Ord. 92-08 § 2, 1992)

18.15.075 Minimum lot dimensions.

Minimum lot width and depth shall be 60 feet. (Ord. 92-08 § 2, 1992)

18.15.080 Bonus densities allowed.

A. Upon approval of the city, a density bonus not to exceed 50 percent may be granted by providing permanent, public open space; provided, that:

1. The open space shall abut a public or private street and have adequate public access.

2. If the subject property being developed is a corner site, placement of the open space at the corner is preferred.

3. Signage shall be posted to notify that the open space is public and access is permitted.

4. The amount of the density bonus shall be twice the percentage of the total lot area that is designated as open space. For example, if 25 percent of the total lot area is designated as open space, a 50 percent density bonus may be achieved.

5. The minimum area designated as public open space must be the larger of:

a. Ten percent of the total lot area; or

b. One-quarter acre.

6. If the open space is not contiguous, then each open space area must be at least one-quarter acre.

7. A 15-foot building setback shall be provided along the perimeters of the open space.

8. No portion of any building within 20 feet of a front yard setback located across the street from a single-family residential zone shall exceed a height of 25 feet.

9. Building design shall incorporate features such as pitched or terraced roof forms, upper level stepbacks, wall recesses and/or other architectural treatment to minimize building bulk and scale as perceived from adjoining streets and neighborhoods.

10. Trees retained within the designated open space may fulfill the significant tree/canopy retention requirements of BIMC 18.85.060.

11. The public open space density bonus may be combined with other density bonuses applicable to this zone; provided, that the total combined density bonus does not exceed 50 percent of the base density.

12. The open space shall be established as permanent, public open space through one of the following means:

a. Public Ownership. The city or other public agency may choose to accept ownership of open space and upon approval and acceptance by the director, open space shall be dedicated to the public.

b. Private Ownership. Open space may be held in private ownership if established by easements, restrictive covenants, or other similar legal means provided the following:

i. Public access and maintenance of the open space are adequately provided for by written agreement, and such agreements or covenants are recorded with the county auditor;

ii. In the event that the open space is not maintained consistent with the agreement, the city shall have the right to provide the maintenance thereof, and bill the owner for the cost of maintenance.

B. Lands that are located in the critical areas overlay district, as identified in the comprehensive plan, are not eligible for the density bonus provided in this section. (Ord. 2006-19 § 7, 2006)