Chapter 17.129
GENERAL LOT, YARD AND HEIGHT PROVISIONS
Sections:
17.129.010 Lots must meet minimum requirements.
17.129.020 Reduction in lot size prohibited.
17.129.030 Compliance with yard requirements.
17.129.040 Height limitations, conditional uses and exemptions.
17.129.050 General requirements for accessory buildings and structures.
17.129.010 Lots must meet minimum requirements.
No building, structure or use shall hereafter be erected, constructed or established on a lot that does not meet the requirements for lots as contained in this chapter and for the district in which said lot is located, except for nonconforming lots of record as specified in Chapter 17.148 BGMC. (Ord. 95-769 § 5 (part), 1995)
17.129.020 Reduction in lot size prohibited.
No lot shall be reduced, divided or changed in size so that lot width, size of yards, lot area per dwelling unit, minimum lot size or other requirement of these regulations is not maintained, unless such reduction or division is necessary to provide land which is acquired for a public purpose. (Ord. 95-769 § 5 (part), 1995)
17.129.030 Compliance with yard requirements.
Where a front, side or rear yard is required, no principal building shall hereafter be erected or altered so that any portion thereof lies within the specified depth of said yard; provided, however, that eaves, cornices, chimneys and similar projections may extend over a required front, rear, or side yard by not more than two feet. Accessory uses and structures may be located within required yards only as specifically provided in BGMC 17.129.050. (Ord. 06-07 § 6, 2006: Ord. 95-769 § 5 (part), 1995)
17.129.040 Height limitations, conditional uses and exemptions.
No building or structure shall hereafter be erected, constructed, reconstructed or altered, except as otherwise specifically exempted in this chapter, to exceed the maximum height for the district in which said building or structure is located; provided, however, that the city council may permit buildings and structures to exceed height limitations upon approval of a conditional use as specified in this title.
The height limitations established in this title shall not apply to chimneys, smokestacks, church spires and steeples, domes, flag poles, public monuments, observation towers, water towers, noncommercial radio and television towers, electricity transmission towers, utility poles and similar structures. (Ord. 06-13 § 2, 2006: Ord. 06-07 § 7, 2006: Ord. 95-769 § 5 (part), 1995)
17.129.050 General requirements for accessory buildings and structures.
Accessory buildings and structures shall meet the following requirements:
A. Setbacks. Accessory buildings and structures shall not be required to observe side and rear yard requirements for principal buildings but they shall not be located in front yards, and such buildings and uses shall be set back a minimum of five feet from any property lines, except that accessory buildings and structures that are one hundred twenty square feet or less in size, that are ten lineal feet or less in total height and that have a total construction value of one thousand five hundred dollars or less that are located on residential lots not exceeding a maximum of ten thousand square feet in size are authorized to be set back three feet from any property line. Connections for electrical, water or sewer service to accessory buildings or structures shall be authorized; provided, that all required permits and approvals are secured from the city of Battle Ground or other applicable agency prior to the connection being made. In no case shall an accessory building or structure be located within required buffers or landscape strips, except that signs may be located within the front yard landscape strip, if required.
B. Separation from Principal Buildings. Except for accessory apartments, attached, accessory buildings and structures shall be separated from principal buildings by a minimum of ten feet. Garages and carports which are attached to the principal dwelling house shall not be deemed to be an accessory building or an accessory use.
C. Lot Coverage.
1. For residential districts, the maximum lot coverage for all buildings, including accessory buildings and structures, shall not exceed the maximum allowable lot coverage as described in the provisions of the applicable zone found in BGMC 17.106.030. In addition, the cumulative square footage of the floor area of any accessory buildings or structures shall not exceed the gross floor area of the primary structure (meaning the entire building, including any attached garage) to qualify as an allowed building or structure. In addition, any proposals of accessory buildings or structures with cumulative gross floor area in excess of the gross floor area of the primary building or structure may be allowed through a conditional use process as found in Chapter 17.148 BGMC.
2. For nonresidential districts, lot coverage for all buildings, including accessory buildings and structures, shall not exceed the maximum lot coverage as described in the applicable zoning district found in BGMC 17.122.010.
D. Height. In no case shall an accessory building or structure exceed the maximum height for the district in which it is located, and may not exceed the height of the primary buildings or structures; however, a proposal for accessory buildings or structures which exceeds the height of the primary structure but is less than the height allowed in the zoning district may be allowed if a request for height adjustment is approved through a Type I site plan approval process approved by the planning director. Said structure shall be designed to match the principal building, for which it is accessory to, in color, siding and roofing materials and is to observe all applicable setbacks.
E. Subordination to Principal Building or Use. An accessory building or structure shall not be erected unless there exists one or more principal buildings and/or uses on the lot.
F. Number. One accessory building or structure shall be allowed per each ten thousand square feet of lot area or fraction thereof.
G. Shipping and cargo containers can be used as temporary or permanent accessory structures in light industrial and regional commercial zones only. When used on a permanent basis, Type I site plan approval is required and the containers shall be screened from public and private rights-of-way and any neighboring residential zones with a B3 buffer. If used on a temporary basis, a temporary use permit will be required. When used as accessory structures, shipping or cargo containers are to observe all applicable setbacks, and are not to obstruct required parking or drive aisles, pedestrian routes, emergency vehicle access points or be placed in any critical area on-site. For the purposes of this section, “shipping and cargo containers” shall mean new or used prefabricated steel enclosures used for storing and transportation of goods and textiles.
H. Shipping and cargo containers or similar structures that are used for moving purposes in residential or commercial districts shall only be allowed on a temporary basis and only after first obtaining written permission from the planning director. (Ord. 07-15 § 2, 2007: Ord. 06-13 § 3, 2006; Ord. 04-024 § 25, 2004: Ord. 01-013 § 1, 2001; Ord. 97-841 § 2, 1997: Ord. 95-769 § 5 (part), 1995)