Chapter 17.106
RESIDENTIAL DISTRICTS (R3, R5, R7, R10,
R12, R16, R20)

Sections:

17.106.010    Purpose.

17.106.020    Permitted uses.

17.106.030    Dimensional requirements.

17.106.035    Density transfer provisions.

17.106.040    Neighborhood design standards.

17.106.050    Neighborhood retail.

17.106.060    Cottage housing standards.

17.106.070    Multifamily development standards.

17.106.080    Townhouse development standards.

17.106.090    Institutional and nonresidential development standards.

17.106.010 Purpose.

It is the city’s intent that residential neighborhoods be developed and preserved against intrusions by incongruous land uses.

These districts are intended to: recognize, maintain and protect established residential areas; establish densities where a full range of community services and facilities are present or will be present at the time of development; and provide for additional related uses such as schools, parks, churches and other uses necessary to serve the immediate residential areas.

A.    The R3, R5 and R7 districts are intended to establish and recognize existing neighborhoods that are predominantly occupied by detached residential structures. These districts allow between three and seven units per acre. New development will be predominantly detached residential with flexibility to provide attached units and allow for a variety of lot sizes. The application of the districts to individual areas will be based on existing development patterns, access to goods and services and environmental constraints.

B.    The R10, R12, R16 and R20 districts are intended to establish new and recognize existing neighborhoods of higher residential densities composed of both attached and detached housing. New development is predominantly attached housing with allowances and flexibility to provide small lot detached housing. The application of the districts to individual areas will be based on existing development patterns, access to goods and services and environmental constraints. (Ord. 04-024 § 16 (part), 2004: Ord. 99-004 § 4 (part), 1999)

17.106.020 Permitted uses.

The following list includes the uses that are permitted, conditional or prohibited in the residential zones. “P” means permitted outright, “C” means permitted via a conditional use permit, “X” means prohibited.

Table 17.106-1
Permitted Uses in Residential Zones
Use	R3	R5	R7	R10	R12	R16	R20
Churches, including cemeteries and customary accessory buildings and uses, subject to BGMC 17.135.050	C	C	C	C	C	C	C
Single-family detached buildings	P	P	P	P	P	P	P
Cottage housing	X	P	P	P	P	P	X
Single-family detached buildings, existing	P	P	P	P	P	P	P
Single-family attached dwellings (townhouses)	X	X	P	P	P	P	P
Two-family dwellings (duplexes)	X	X	C	P	P	P	X
Two-family dwellings (duplexes) on corner lots	X	P	P	P	P	P	X
Manufactured homes on individual lots, subject to the requirements of BGMC 17.135.102	P	P	P	P	P	P	P
Accessory apartments, subject to BGMC 17.135.010
Attached	P	P	P	P	P	P	P
Detached	P	P	P	P	P	P	P
Residential, institutionalized, such as personal-care homes, nursing homes, convalescent homes, group homes, continuing care retirement facilities and similar uses
< 5 Residents	C	C	C	C	P	P	P
5—10 Residents	C	C	C	C	P	P	P
> 10 Residents	C	C	C	C	C	P	P
Apartments	X	X	C	P	P	P	P
Manufactured home parks, subject to BGMC 17.135.100	X	X	X	X	C	C	C
Commercial day care centers as part of a project incorporating residential units meeting the minimum densities of Table 17.106-2	X	X	X	X	P	P	P
Family day care centers as regulated by RCW 35.63.185 and with conformity demonstrated through the city’s business license program	P	P	P	P	P	P	P
Carports and garages	P	P	P	P	P	P	P
Utility storage buildings and implement sheds	P	P	P	P	P	P	P
Guest houses, but not including accessory apartments	P	P	P	X	X	X	X
Swimming pools and tennis courts	P	P	P	P	P	P	P
Gardens and noncommercial greenhouses	P	P	P	P	P	P	P
Home occupations, defined in BGMC 17.103.360 and subject to the supplementary regulations of BGMC 17.135.090	P	P	P	P	P	P	P
Clubs, lodges, fraternal institutions and other places of assembly for membership groups	C	C	C	C	C	C	C
Neighborhood retail, pursuant to BGMC 17.106.050	P	P	P	P	P	P	P
Accessory uses and structures normally incidental to one or more permitted principal uses	P	P	P	P	P	P	P
Parks, playgrounds	P	P	P	P	P	P	P
Golf courses and country clubs	C	C	C	C	C	C	C
Public and semipublic buildings, structures and uses including public and private schools	P	P	P	P	P	P	P

(Ord. 06-07 § 3, 2006; Ord. 05-014 § 2, 2005; Ord. 04-024 § 16 (part), 2004: Ord. 00-024 § 2 (part), 2000; Ord. 00-004 § 1(B), 2000; Ord. 99-004 § 4 (part), 1999)

17.106.030 Dimensional requirements.

Dimensional requirements within the residential districts shall be in accordance with Table 17.106-2.

Table 17.106-2
Residential Lot Development Standards
		R3	R5	R7	R10	R12	R16	R20
Minimum average lot area (square feet)		14,500	8,700	6,200	N/A	N/A	N/A	N/A
Minimum average lot area for density transfer (square feet)		12,000	7,000	5,000	N/A	N/A	N/A	N/A
Minimum lot area (square feet)		8,700	6,200	4,300	2,000	2,000	2,000	2,000
Maximum density (units per gross acre)		3	5	7	10	12	16	20
Minimum density (units per net acre) 1		N/A	N/A	N/A	5	6	8	10
Minimum lot frontage (feet)		30	25 2	20 2	20 2	16 2	16 2	16
Minimum setbacks (feet)	Residence front yard 3	Minimum 10'	Minimum 10'	Minimum 10'	Minimum 10'	Minimum 10'	Minimum 10'	Minimum 3'
	Garage (minimum) 4	20	20	20	20	20	20	20
	Side yard 5	10	10	5	5	5	5	5
	Street side yard	10	10	10	10	10	10	10
	Rear yard 4	20	20	20	15	10	10	10
Minimum distance between principal buildings (feet)		20	14	10	10	10	10	10
Maximum lot coverage (%)		35	40	45	50	60	70	80
Maximum height (feet)		35	35	35	35	45	45	45
Front yard landscape strip (feet)		N/A	N/A	N/A	N/A	10 7	10 7	3 7
Side yard landscape strip (feet)		N/A	N/A	N/A	N/A	5	5	5
Minimum landscaped open space (%)		N/A	N/A	N/A	20 6	20 6	20 6	20 6

1    Net acres shall be based on the total area of the site minus public-private road rights-of-way, stormwater facilities, and land voluntarily or required to be set aside for parks, open space or environmental protection.

2    Lots may be approved without any frontage where they are part of a cottage development where appropriate easements are granted to gain access to the public or private street and the shared parking areas.

3    Attached front porches may intrude into required minimum front yard setbacks up to six feet.

4    Garages accessed via alleys may be located zero lot line to the edge of alley right-of-way if side entry and five feet from edge of alley right-of-way if front entry.

5    Where a permitted use by the code, townhouses are not required to meet the side yard setback on the attached side(s).

6    For townhouse or single-family detached development, the minimum landscaped area shall apply to the project as a whole and each individual lot.

7    If parking is placed adjacent to the public right-of-way or front yard, then a minimum landscaping buffer of fifteen feet will be required.

(Ord. 06-07 § 4, 2006; Ord. 04-024 § 16 (part), 2004: Ord. 00-024 § 2 (part), 2000; Ord. 00-004 § 1(C), 2000; Ord. 99-004 § 4 (part), 1999)

17.106.035 Density transfer provisions.

A.    To provide for the protection of natural resources and to meet the density goals of the comprehensive plan, density may be transferred from one portion of a site due to wetland, greenway or critical area regulations to other buildable portions of the site consistent with the requirements of this section.

B.    In no case shall any portion of a residential development exceed one hundred twenty percent of the density permitted by the underlying zone, and in no case shall the overall density of a residential development exceed the density permitted by the base zone.

C.    Density transfer provisions shall be limited to development within the R3, R5, and R7 zoning districts.

D.    Portions of sites identified as sensitive due to the presence of steep slopes, unstable land, historical or archaeological sites, wetlands and buffers, commons, land voluntarily or mandatorily set aside for parks and open space or other permanent physical development limitations, as may be determined or approved by the planning director or hearing examiner, may be eligible for transfer of density. Land set aside or encumbered to accommodate the facilities, utilities or rights-of-way that, including required or existing rights-of-way, stormwater facilities or other utilities required to serve the development, shall not be eligible for density transfer, except as provided for in Chapter 17.128 BGMC, Parks, Recreation and Open Spaces.

E.    The maximum number of units which can be transferred is limited to the number of whole units (fractions of units shall be rounded down) which would have been allowed on the unbuildable area described in subsection D of this section, not to exceed one hundred twenty percent of the maximum density allowed by the base zone on any portion of the site, as set forth in Table 17.106-2; provided, however, the maximum number of units shall be calculated based on the gross area of the site, minus any public road right-of-way. The maximum density allowed on any site shall not exceed that permitted by the base zone, and will be dependent upon site characteristics and other factors. Nothing in this subsection shall be construed as to guarantee a minimum density on a given site. (Ord. 04-024 § 16 (part), 2004)

17.106.040 Neighborhood design standards.

A.    Applicability. The provisions of this section shall apply to all new residential development projects within the city of Battle Ground.

B.    Development Compatibility and Continuity. Development within residential districts shall be designed to the following standards to assure compatibility and continuity between developments:

The provisions of this subsection shall apply only to developments with a density equivalent to that of an R3 zone or greater. Residential developments shall be designed with the following transition design elements:

1.    Where directly abutting residential uses, new developments shall not exceed an average minimum lot size differential of twenty-five percent;

2.    Where adjacent properties are undeveloped or developed with lot sizes substantially greater than what is permitted by the zone, the minimum average lot size allowed in the zone shall be used to determine what the average minimum lot size of the abutting property is for the purposes of compliance with this subsection.

C.    Architectural Variety. To assure variety in architecture and to reduce the dominance of garages on the streetscape, the following provisions shall apply to new residential development:

1.    In single-family detached or duplex residential developments, no five or fewer linearly contiguous lots shall have repetitious facades. Facades shall be substantially different beyond simple mirrored plans, garage or window relocation, and shall include combinations of architectural variety such as: front porches, dormers, gables, bay windows, hipped or pitched roofs or other such architectural features that substantially differentiate house facades.

2.    Garages with entry doors facing the street in single-family or duplex residential development shall be set back from the front face of the residential structure, including covered porches, by at least four feet. To qualify as a porch under this subsection, the porch must extend the full length of the street-fronting building facade that is not devoted to the garage. Garage doors may be located forward of the front face of the residential structure and be located in the front yard setback, if placed so their entrance doors are perpendicular to the right-of-way; and provided, that they have windows, doors or other architectural treatments covering at least thirty percent of the wall facing the street.

3.    Where houses are served by alleys, all garages and on-site parking shall be accessible from the alley and the facade of the house facing the public street shall be designed as the front of the house including, but not limited to, a primary building entrance consisting of inward swinging door(s), porches, windows and pathways to the public sidewalks.

4.    Applicants for building permits shall demonstrate compliance with the provisions of this section.

5.    All single-family residences shall be constructed with a roof of nominal 6:12 pitch or steeper for the main portion of the roof and containing eaves of a minimum of six inches. Roofs with a lower pitch are acceptable if they contain multiple roof lines, gables, dormers or other features that serve to reduce the visual impact of the lesser pitched roof. Hipped, gambrel, saltbox and shed roofs are also permitted. Roofs not meeting these specific standards may be approved by the planning director if they are found to be consistent with the overall intent of this section.

6.    Each single-family residence shall contain a porch or covered entry area for the primary entrance facing or accessible from the public or private street serving the residence.

7.    Each single-family residence shall contain at least three of the following features:

a.    An attached or detached garage;

b.    Bay window(s) facing the street;

c.    Cross gable roof (separate gable ends that intersect meeting in a valley);

d.    Roof dormers;

e.    Trim a minimum of two inches wide around the windows facing a public street;

f.    Varied roof line with at least one intersecting plane. (Ord. 09-08 § 11, 2009; Ord. 07-15 § 6, 2007: Ord. 05-014 § 3, 2005: Ord. 04-024 § 16 (part), 2004: Ord. 01-006 § 1, 2001: Ord. 99-004 § 4 (part), 1999)

17.106.050 Neighborhood retail.

A.    Neighborhood Retail. Neighborhood retail uses shall be permitted as a conditional use pursuant to Chapter 17.148 BGMC throughout all residential districts, unless the neighborhood retail site was approved through the subdivision review process, subject to the provisions of site plan approval (Chapter 17.143 BGMC).The following criteria shall be met for neighborhood retail uses:

1.    Uses shall be limited to the following:

a.    Retail sales of groceries or disposable household items;

b.    Personal service establishments;

c.    Professional offices;

d.    Restaurants and other food service establishments not exceeding one thousand square feet in seating area.

2.    No single building housing a collection of uses shall have more than four thousand square feet of gross floor area dedicated to nonresidential uses. All neighborhood retail uses shall be enclosed in a single building.

3.    Neighborhood retail uses shall be located on a parcel that is sufficient to accommodate all required development standards and conditions but which does not exceed fifteen thousand square feet.

4.    No neighborhood retail use shall be located within one-quarter mile of any other commercial retail use or commercial zone.

5.    Neighborhood retail uses shall be on lots located at the corner of the intersection of two public streets, one of which shall have a functional classification of major collector or higher and both of which shall have sidewalks.

6.    Buildings shall observe the setbacks required in the zone within which they are located, but shall have no parking or maneuvering separating the building and the sidewalk.

7.    At least fifty percent of the street-facing facade shall be comprised of windows or open store fronts that allow views into the building. No reflective coating or other method of limiting views is permitted.

8.    Buildings shall be designed with respect to height, scale, massing and architectural feature and constructed with materials that are compatible with surrounding neighborhood architecture.

9.    Signs associated with neighborhood retail uses shall not exceed thirty-two square feet in area and five feet in height, shall not be internally lit, neon or flashing, and shall be subject to all other applicable provisions of Chapter 17.139 BGMC, Signs.

10.    Neighborhood retail uses shall provide parking consistent with Chapter 17.133 BGMC to a maximum of seven off-street parking spaces. On-street parking may be utilized to meet this requirement. Off-street parking shall be located to the side or rear of the building. All other provisions of Chapters 17.133 and 17.143 BGMC shall be applicable.

11.    The side and rear property lines shall be improved with a B3 buffer, with fencing associated with such buffer in compliance with BGMC 17.135.080.

12.    Neighborhood retail uses shall be restricted to the ground floor of the structure they occupy.

13.    Residential uses are permitted on the second floors of neighborhood retail buildings.

14.    Drive-through, drive-up or other similar development types are not allowed. (Ord. 04-024 § 16 (part), 2004: Ord. 99-004 § 4 (part), 1999)

17.106.060 Cottage housing standards.

A.    The total floor area of each cottage shall not exceed one thousand two hundred square feet. Floor area shall not include any space with a floor-to-ceiling height of less than six feet.

B.    Cottage housing shall comply with the density provisions of the underlying zone except within the R5 and R7 districts where one and one-half cottage units are allowed in place of each allowed single-family unit.

C.    A minimum of four and a maximum of twelve cottages are allowed in any single cluster and development.

D.    The height limit is twenty-five feet; provided, that all parts of the roof above eighteen feet shall be pitched with a slope of at least 6:12.

E.    Cottage units shall be oriented around, and have covered porches and main entries facing, a common usable open space of at least two hundred fifty square feet per unit that is generally square or round.

F.    Each cottage shall be provided with private use open space contiguous to the cottage of at least two hundred fifty square feet with no dimension of less than ten feet. Private open space shall be oriented to the common open space area.

G.    A covered porch of at least sixty square feet in size with a minimum dimension of six feet on any side shall be provided for each cottage.

H.    Vehicular parking shall be provided in a shared parking facility that is clustered and separated from adjacent common areas, rights-of-way and residential units by landscaping. Parking areas shall not occupy more than fifty percent of the lot frontage.

I.    Setbacks for the exterior of the project shall be the same as the base zoning district. There are no required setbacks for interior lot lines provided the ten-foot minimum separation to buildings shall be met.

J.    Interior fences may not exceed thirty-six inches in height.

K.    A pedestrian pathway a minimum of four feet in width shall connect the public street with all cottages and from the shared parking areas to all cottages.

L.    Each cottage shall be located on a separate lot or shall be a condominium. (Ord. 09-08 § 12, 2009: Ord. 07-15 § 10, 2007: Ord. 04-024 § 16 (part), 2004)

17.106.070 Multifamily development standards.

In addition to the standards required through site plan review or other chapters of this title, the following provisions shall apply to multifamily development:

A.    Building Location and Orientation. Multifamily development shall be constructed consistent with the following requirements:

1.    Parking lots shall be located to the side and/or behind buildings.

2.    Units adjacent to public or private streets shall have the primary building entrances located on the facade facing the street.

B.    Pedestrian Access and Circulation. Pedestrian access routes shall be provided from the public street(s) to all primary building entrances in the form of a continuous separated pathway of at least five feet in width.

C.    Building Modulation. Building facade modulation or appropriate architectural treatment shall occur at least every twenty-five feet along the length of facades facing adjacent properties or public street. Minimum modulation depth shall be three feet.

D.    Roof Line Variation. Roof lines shall be varied to break up the overall bulk and mass of multifamily buildings. Roof line variation shall be accomplished by using one or more of the following methods: vertical or horizontal off-set ridge line, variations in roof pitch, or other technique shown to break up the overall bulk and mass of the building.

E.    Building Variation. Developments with multiple structures shall use appropriate architectural variations and use of colors to differentiate buildings within the development.

F.    Site Design. Developments shall be divided into blocks with perimeters of eight hundred to two thousand feet (two hundred to five hundred feet per side). Blocks shall be defined by public streets. (Ord. 04-024 § 16 (part), 2004)

17.106.080 Townhouse development standards.

In addition to the standards required through this chapter or other chapters of this title, the following provisions shall apply to townhouse development:

A.     Each townhouse shall be located on its own lot of record created through a land division process.

B.    No more than six townhouses shall be allowed in a single building.

C.    Townhouse development shall be designed so that garage doors do not dominate the ground level street-facing facade. This can be accomplished by accessing garages by an alley, limiting garage doors to no greater than fifty percent of length of the street-facing building facade, or by other method approved by the review authority. (Ord. 04-024 § 16 (part), 2004)

17.106.090 Institutional and nonresidential development standards.

In order to address impacts and increased incompatibility between residential and nonresidential development, nonresidential uses and institutional uses not addressed elsewhere in this title shall comply with the following provisions:

A.    Landscaped buffers of ten feet in width and meeting the B2 standard shall be provided along all property lines which abut a residentially zoned property.

B.    A paved pedestrian connection a minimum of six feet in width shall be provided from the public street(s) serving the site to the primary building entrance.

C.    Off-street parking shall be located behind or to the side of the building.

D.    Buildings shall be oriented towards and located not more than thirty feet from the front property line, or shall be designed to provide clear and unfettered pedestrian access to the building and add design elements to the building facade that create a sense of arrival.

E.    A minimum of twenty percent of the site shall be landscaped. (Ord. 06-07 § 5, 2006: Ord. 04-024 § 16 (part), 2004)