Title 17

 

ZONING

 

Chapters:

17.04       Administrative Provisions

17.08       Residential 5 (R-5) Zone

17.12       Residential 7 (R-7) Zone

17.16       Residential 15 (R-15) Zone

17.20       Mixed Commercial (MC) Zone

17.24       Central Business District (CBD) Zone

17.28       Industrial (I) Zone

17.32       Public (P) Zone

17.34       Open Space (OS) Zone

17.36       Off-street Parking and Loading

17.38       Residential Play Areas

17.40       Signs

17.43       Planned Residential Development (PRD)

17.44       General Regulations for All Zones

17.48       Mobile Home Parks

17.50       Landscaping

17.51       Murals

17.52       Rezones

17.56       Conditional Use Permits

17.60       Variances and Zoning Waivers

17.64       Temporary Permits

17.65       Natural Resource and Sensitive Area Regulations

17.66       Flood Damage Prevention

17.68       Home Occupation Permits

17.72       Sign Permits

17.76       Compliance Checklist

17.80       Enforcement

17.84       Adult Entertainment Establishments

17.88       Essential Public Facilities

 

 


Chapter 17.04

 

ADMINISTRATIVE PROVISIONS

 

Sections:

17.04.010     Purpose.

17.04.020     Jurisdiction.

17.04.030     Definitions.

17.04.040     Administration and interpretation.

17.04.050     Nonconforming uses, structures, and lots.

 

17.04.010     Purpose.

    The purpose of this title is to implement the city’s comprehensive plan, thus to encourage the most appropriate use of land throughout the municipality; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources; to encourage and protect access to direct sunlight for solar energy systems; and to facilitate the adequate provision of transportation, water, sewerage, and other public uses and requirements. (Ord. 1013 § 1.01, 1985)

 

17.04.020     Jurisdiction.

    The zones depicted on the zoning map attached to and forming a part of this title, on file in the office of the city clerk-treasurer and the regulations pertaining thereto, and the regulations pertaining to all zones are established as minimum standards for meeting the purpose of this title. No structure shall be erected, moved, reconstructed, altered or used, and no land shall be used or built upon, except as provided herein. (Ord. 1013 § 1.02, 1985)

 

17.04.030     Definitions.

    1.     “Accessory” means subordinate and incidental to, typically associated with, and located on the same ownership. Private garages attached to or within the residence shall adhere to the setback requirement of the residence. In all cases, there shall be a minimum off-street parking apron of twenty feet in length directly in front of all garage door entrances when accessing a street either to the front or side of a residence. Where garage doors access an alley, the off-street parking apron shall be at least ten feet; accessory structures shall not contain any habitable space or room.

    2.     “Adult entertainment” means any enterprise from which minors are excluded and which sells, rents or displays sexually explicit matter, including, but not limited to adult bookstores, adult magazine stores, stores selling sexually oriented adult games or devices, adult motion picture theaters, adult peep shows, establishments where nude or topless dancing or specified sexual activities or displays regularly occur or other business.

    3.     “Area” means total horizontal area. “Lot area” for purposes of calculating buildable area shall not include the area encompassed in flag driveways to a property set back from a private or public drive, street or road.

    4.     “Building” means an enclosed structure capable of being heated. This word shall always be considered as being followed by the phrase “or portion thereof.”

    5.     “Commerce” means trade in goods and/or services excluding industry.

    6.     “Conditional use” means a use allowed only by conditional use permit in a particular zone, including uses accessory to the conditional use.

    7.     “Coordinated local zoning” is zoning which permits off-site treatment and storage facilities in one jurisdiction to serve the off-site facility needs of other jurisdictions; provided, the coordinated zoning is documented by signed agreements between all affected jurisdictions.

    8.     “Corner lot” means a lot with frontage on more than one public right-of-way, excluding alleys.

    9.     “Dependent relative cottage” means a single-family residence which:

    a.     Is located on the same lot as another single-family residence;

    b.     Is inhabited only by the relative of the other single-family residence which relative is only able to safely maintain a separate household due to the support or supervisory care of family members in close proximity;

    c.     Is designed for ease of removal, dismantling, or conversion to an accessory use after termination of use as a dependent relative cottage; and

    d.     Meets the setback requirements for an accessory building.

    10.    “Duplex” means a building containing two dwelling units. A duplex must be built on-site and consists of one structure with two residential units. The units must be connected by a common wall or a carport. Duplex units should be constructed with a compatible design and materials to the surrounding neighborhood. In addition, in the instance where a duplex unit is created by the addition of another unit to an existing unit, the new unit must be compatible with the design and materials of the existing unit.

    11.    “Dwelling unit” means a building or buildings providing complete housekeeping facilities including bathroom and kitchen for one household only, excluding recreational vehicles, trailers, boat, prisons and medical care facilities.

    12.    “Fence” means a linear structure or controlled plant growth more than three feet high, the primary purpose of which is to enclose, divide or screen.

    13.    “Floor area” means combined area of all floors of a building measuring from the exterior faces of the exterior walls, excluding spaces lacking standing headroom. Common open areas in shopping malls are excluded for the purpose of computing required off-street parking.

    14.    “Gross density” means the total number of dwelling units located on a parcel of land divided by the total area of the parcel.

    15.    “Group home” means a building providing lodging to four or more persons unrelated to the principal residing family, excluding multifamily residences, “hotels” (defined as commercial buildings providing lodging for ten or more persons on a transient basis), “hospitals” (defined as medical care facilities whose patients are partly or entirely nonresidents thereof), and institutions of involuntary detention. This definition includes, among other things, boardinghouses and bed and breakfast establishments. “Adult or family day care” and “child day care” facilities are not included under the group home definition. “Adult or family day care facilities” includes permanent or temporary lodging and care facilities for the elderly and physically and mentally disabled, as defined by the State Department of Social and Health Services (DSHS). “Child day care centers” provide temporary care of children as defined by the State Department of Social and Health Services, preschool or nursery school.

    16.    “Hazardous waste” means all dangerous waste (DW) and extremely hazardous waste (EHW) as defined in RCW 70.105.010.

    17.    “Hazardous waste storage” the holding of dangerous waste for a temporary period as regulated by the state of Washington dangerous waste regulations. WAC Chapter 173-303. (Hazardous waste treatment and storage facilities are facilities that require an interim or final status permit from the Department of Ecology under dangerous waste regulations, WAC Chapter 173-303.)

    18.    “Hazardous waste treatment” means the physical, chemical, or biological processing of dangerous waste to make wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

    19.    “Height” (of a structure) means the vertical distance between the average elevation of the finished ground surface along the entire perimeter of a structure and the highest point of the structure’s roof, walls or other principal elements.

    20.    “Home occupation” means a gainful occupation carried on in a residence in which:

    a.     No outside help is employed on the premises;

    b.     The business utilizes no more than twenty-five percent of the gross floor area of the structure in which it is located;

    c.     There is no more that two additional vehicles parked on or in the vicinity of the property due to the business at any one time;

    d.     There are no more than twelve clients or customers visiting per week and there is not more than two clients on the premises at any one time;

    e.     No work areas or storage of materials are visible from off the premises, nor other exterior indication given of anything other than a residence;

    f.      No nuisance is created beyond what would normally be expected in a residential area.

    21.    “Industry” means any and all steps in the gainful making of goods where substantial retail contact is unnecessary (excluding low-intensity agriculture) and the gainful provision of services which create nuisances beyond the customary traffic, runoff, signs, and other such impacts normally associated with commercial uses. This definition includes, among other things, factories, mills, nonretail bakeries, high intensity agriculture, wrecking yards, fuel distributors, cement processing, storage yards for heavy equipment and massive construction materials, and heavy equipment repair. This definition may or may not include, depending on individual characteristics, automotive repair, warehousing, transportation facilities, lumberyards, public utilities, feed/ seed/grain stores and research facilities.

    22.    “Kennel” means a place where more than three dogs and/or one litter of puppies are kept, gainfully or otherwise.

    23.    Lot” means a contiguous quantity of land under one ownership, with fixed boundaries, which can legally be bought and sold separately from other lands.

    24.    “Lot width at building line” means the distance between side lot lines, defined as the two lot lines most nearly perpendicular to the street on which the lot fronts, provided that:

    a.     On corner lots measurement shall be along the shorter of the two front setback lines; and

    b.     Where the front setback line is not straight, measurement shall be in a straight line connecting the ends of the line.

    25.    “Low-intensity agriculture” means the production, raising or keeping of any form of crops, ornamental plants or animals; provided, that any animal, excluding household pets such as dogs and cats, such as horses, cattle, hogs, pigs, goats, sheep, bovine animals, chickens, fowl or any other animals, poultry or fowl, shall not be raised, kept or maintained on a lot or ownership of less than forty thousand square feet.

    26.    “Mobile home” means a prefabricated dwelling unit transportable in one or more sections, which in the traveling mode is eight feet or more in width and forty body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Mobile homes must meet the requirements of HUD or the State Department of Labor and Industries.

    27.    “Mobile home park” means an ownership on which more than one mobile home is located and intended for occupancy.

    28.    “Multifamily residence” means a building containing more than one dwelling unit, also including apartments in the sense of dwelling units contained within a building primarily used for nonresidential purposes, though there may only be one dwelling unit in such building.

    29.    “Multiuse stormwater facility” means a facility that incorporates underground infiltration or otherwise contains no standing water for a period of at least nine months per year, has side slopes of no steeper than 4:1, and is used as common open space or as play areas defined in SWMC Chapter 17.38, as approved by the city engineer.

    30.    “Net density” means the number of dwelling units located on buildable land; which excludes public rights-of-way, private access easements, driveways, or tracts, utility corridors, stormwater facilities, critical areas and their buffers, and other areas which are unbuildable. Seventy-five percent of multiuse stormwater facilities may be counted towards total buildable area.

    31.    “Nuisance” means any use or neglect in maintenance of land or structures which has unreasonably annoying, unpleasant, unsafe or unsanitary effects on neighbors or the public in general, including noise, air pollution, water pollution, runoff, odors, glare, unsightliness, vibration, electrical disturbance, vermin infestation, attractive nuisances, fire or explosion hazard, and obstruction or endangering of public ways as defined in Chapter 8.16.

    32.    “Office” means a building where work of a professional, consulting, clerical, administrative or information-processing nature is the primary use, excluding banking and lending institutions, including among other things:

    a.     Doctors, lawyers, engineers, etc.;

    b.     Advertising consultants, counselors, designers, secretarial services, etc.;

    c.     Brokerages where the brokered good is not tangibly present, such as real estate, insurance, travel, etc.; and

    d.     The administrative branch of a larger organization.

    33.    “Off-site treatment and storage facilities”* means off-site facilities which treat and store hazardous wastes from generators on properties other than those on which the off-site facilities are located.

    34.    “On-site treatment and storage facility”* means on-site facilities which treat and store hazardous wastes generated on the same parcel of property where the on-site facility or facilities are located.

    35.    “Open-air vending” means any commercial activity in which goods or services are advertised and which is conducted without the complete or partial shelter of a building on the same ownership, including such activities which, though conducted on the same ownership as an indoor commercial activity, are dissimilar to said indoor commercial activity.

    36.    “Ownership” means a lot or group of contiguous lots under the ownership.

    37.    “Permitted use” means a use permitted within a zone, including uses accessory to the permitted use.

 

*     Hazardous waste treatment and storage facilities are facilities that require an interim or final status permit from the Department of Ecology under dangerous waste regulations, WAC Chapter 173-303.

    38.    “Personal services” means a business providing services to clients such as beauty salons, which generally have not more than two clients on the premise at any given time.

    39.    “Professional office” means an office primarily offering services or licensed business guaranteed by a licensing agency or board.

    40.    “Public use” means a use carried on by a government agency or its authorized representative.

    4l.     “Quasi-public use” means a use which serves nonprofit social or religious ends, such as churches, clubhouses, private schools and nonpublic social service organizations.

    42.    “Recreational vehicle” means a motor vehicle designed to also serve as a temporary living quarter.

    43.    “Setback” means the shortest horizontal distance between a lot line and the exterior surface of any building fence or other significant sight-obscuring structure located on such lot, provided that:

    a.     If the lot line lies within a proposed public right-of-way or proposed widening thereof as designated in the comprehensive plan, as determined by reference to the functional categorization of streets and right-of-way width standards for each, then the setback shall be measured from the revised lot line that would result from such new right-of way or widening thereof.

    b.     The following protrusions shall be considered exempt from setback requirements to a maximum of three feet:

    i.      Eaves;

    ii.      Bay windows;

    iii.     Chimneys and fireplaces;

    iv.     Unenclosed, uncovered porches, terraces, landings or steps;

    v.     Other incidental components in conformance with the intent of this definition.

    44.    “Setback, front” means the setback from any lot line adjoining a public street right-of- way. Corner lots have two front lot lines.

    45.    “Setback, side” means the setback from the two lot lines most nearly perpendicular to the streets on which the lot fronts. Corner lots have two side lot lines. In the case of irregularly shaped lots with more than four sides, all lot lines other than the front and rear shall be considered side lot lines.

    46.    “Setback, rear” means the setback from the lot line most distant from and parallel to the street on which the lot fronts. Corner lots have no rear lot line. In the case of irregularly shaped lots with more than four sides, the zoning administrator shall designate a rear lot line which conforms to the intent of these definitions.

    47.    “Sign” means a publicly displayed advertising, directional, or information device excluding:

    a.     Flags and similar primarily nonverbal symbols of governmental, religious or civic organizations;

    b.     Traffic-control devices, verbal or nonverbal, maintained by the public agency with jurisdiction over the thoroughfare;

    c.     Minor notices such as conventional no soliciting, open, closed, for rent and for sale signs; and

    d.     Signs located so as to be viewed only from the ownership on which they are located.

    48.    “Single-family residence” means a dwelling unit which is unattached to any other dwelling unit.

    49.    “Structure” means a stationary manmade object or part thereof erected on the ground with an intention of some permanence, excluding objects less than three feet in height.

    50.    “Trailer” means a device designed to be drawn by a motor vehicle and provide temporary living quarters.

    51.    “In-home rental” and “mother-in-law apartment” means a one-bedroom rental unit contained within a single-family residential structure, which shares an entrance to the residence in common with the primary portion of the residence, does not occupy more than twenty-five percent of the residential space of the residence, and which shares a kitchen or bathroom in common with the primary portion of the residence.

    52.    “Vision clearance triangle” means the area that provides the visibility required for safe access to streets from cross streets, driveways and alleys.

    53.    “Essential public facility (EPF)” means any public facility or facilities owned or operated by a unit of local or state government, public or private utility, transportation company, or any other entity that provides a public service as its primary mission, and is difficult to site. EPFs include those facilities listed in RCW 36.70A.200.

    54.    “Secure community transition facility (SCTF)” means, under RCW 71.09.020, a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under Chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facility established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by the Washington State Secretary of Social and Health Services or under contract with the Secretary. (Ord. 1612-08 § 3, 2008; Ord. 1484-04 § 3, 2004: Ord. 1451-03 § 2, 2003; Ord. 1312-98 § 1 (part), 1998; Ord. 1222-95 § 1, 1995; Ord. 1063 § 2 (Exh. A § 1.03), 1988; Ord. 1028 § 2, 1986; Ord. 1013 § 1.03, 1985)

 

17.04.040     Administration and interpretation.

    Responsibility for administration and interpretation of this title shall rest with the planning director or designee. Any interpretation or action of the planning director may be appealed to the hearing examiner by submittal in writing to the planning director within fourteen calendar days of the decision. Appeals shall be heard by the hearing examiner within thirty days from the date the appeal is filed and the applicable fee is paid. Also, the planning director may at any time defer to the hearing examiner or the city council where uncertainty exists as to interpretations. (Ord. 1607-08 § 7(A), 2008: Ord. 1013 § 1.04, 1985)

 

17.04.050     Nonconforming uses, structures, and lots.

    Uses, structures and lots not conforming to the provisions of this title may continue if legally existing at time of adoption of the ordinance codified in this title or at time of annexation to the city if annexed subsequent to adoption, provided that:

    A.    Legal nonconforming uses and structures shall not be enlarged, altered or expanded unless such modification is approved through the conditional use permit process;

    B.     Legal nonconforming uses shall lose such status if abandoned for a period of six months or more;

    C.     Legal nonconforming structures may be maintained and repaired unless destroyed or damaged so as to have their fair market value reduced by seventy-five percent or more, in which case they shall lose legal nonconforming status;

    D.    Use and development of legal nonconforming lots shall be in accordance with all current regulations, including setback requirements; and

    E.     If question arises as to whether a use, structure or lot enjoys legal nonconforming status, the burden of proof shall be on the property owner to provide the necessary documentation. (Ord. 1013 § 1.05, 1985)

 

 

Chapter 17.08

 

RESIDENTIAL 5 (R-5) ZONE

 

Sections:

17.08.005     Intent.

17.08.010     Use restrictions.

17.08.020     Bulk restrictions.

17.08.030     Minimum lot size requirements.

17.08.040     Maximum density requirements.

17.08.050     Maximum lot coverage.

 

17.08.005     Intent.

    The intent of the R-5 zone is to provide a variety of housing opportunities in parts of the city characterized by more rolling terrain or areas that serve as a transition to the unincorporated rural area. (Ord. 1484-04 § 4 (part), 2004)

 

17.08.010     Use restrictions.

    Use restrictions in the residential R-5 zone shall be as follows:

    A.    Permitted Uses.

    1.     One single-family residence per lot;

    2.     Low-intensity agriculture;

    3.     Home occupations in compliance with Chapter 17.68;

    4.     Child day care centers meeting state requirements;

    5.     Adult or family day care facilities meeting state requirements.

    B.     Conditional Uses.

    1.     Planned residential developments;

    2.     Group homes;

    3.     Dependent relative cottages;

    4.     Mobile and manufactured home parks in compliance with Chapter 17.48;

    5.     Personal services;

    6.     Professional offices with no outside storage;

    7.     Outdoor recreation facilities;

    8.     Public utilities, excluding wireless communication facilities;

    9.     Quasi-public uses;

    10.    Public uses.

    C.     Prohibited Uses. All uses not listed above, including adult entertainment and wireless communication facilities. (Ord. 1484-04 § 4 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1013 § 2.01.01, 1985)

 

17.08.020     Bulk restrictions.

    Bulk restrictions in the residential R-5 zone shall be as follows:

    A.    Minimum Setbacks.

    1.     Front: twenty feet;

    2.     Side: one story dwellings and accessory structures shall have a minimum of five feet; a two story dwelling shall have a minimum of eight; and each additional story over two shall have an additional four feet, for each story;

    3.     Rear: ten feet for residences, five for accessory;

    4.     Garage Setbacks. Private garages attached to or within the residence shall adhere to the setback requirement of the residence. In all cases, there shall be a minimum off-street parking apron of twenty-five feet in length directly in front of all garage door entrances when accessing a street either to the front or side of a residence. Where garage doors access an alley, the off-street parking apron shall be at least ten feet.

    B.     Maximum building height: thirty-five feet except twenty feet for accessory buildings and no height limit for church steeples or bell towers. (Ord. 1484-04 § 4 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1013 § 2.01.02, 1985)

 

17.08.030     Minimum lot size requirements.

    Minimum lot size requirements in the residential R-5 zone shall be as follows:

    A.    Lot area: eight thousand four hundred square feet;

    B.     Lot width at building line: forty feet;

    C.     Lot frontage on a public street, approved private street, or approved easement: twenty feet. (Ord. 1484-04 § 4 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1013 § 2.01.030, 1985)

 

17.08.040     Maximum density requirements.

    The maximum gross density requirement in the  R-5 zone is five units per acre. (Ord. 1484-04 § 4 (part), 2004: Ord. 1312-98 § 1 (part), 1998)

 

17.08.050     Maximum lot coverage.

    Maximum lot coverage requirements in the residential R-5 zone shall be as follows:

    A.    Thirty-five percent;

    B.     Variances from the maximum lot coverage requirement are permitted, if the applicant can demonstrate that the proposed coverage does not exceed the average lot coverage of lots within one hundred  feet of the parcel. Lot coverage can be equal to the average lot coverage but cannot exceed it. (Ord. 1484-04 § 4 (part), 2004: Ord. 1312-98 § 1 (part), 1998)

 

 

Chapter 17.12


RESIDENTIAL 7 (R-7) ZONE

 

Sections:

17.12.005     Intent.

17.12.010     Use restrictions.

17.12.020     Bulk restrictions.

17.12.030     Minimum lot size requirements.

17.12.040     Maximum density requirements.

17.12.050     Maximum lot coverage.

 

17.12.005     Intent.

    The R-7 zone includes the portion of Sedro-Woolley platted over a hundred years ago. It is characterized by a grid street system and small lots. It is the intent of this zone to encourage the continuation of this traditional pattern. (Ord. 1484-04 § 5 (part), 2004)

 

17.12.010     Use restrictions.

    Use restrictions in the residential R-7 zone shall be as follows:

    A.    Permitted Uses.

    1.     One single-family residence per lot;

    2.     Low-intensity agriculture;

    3.     Home occupations in compliance with Chapter 17.68;

    4.     One duplex per lot with nine thousand square foot minimum lot size, in compliance with the requirements set forth in this Chapter 17.12, which meet the following requirements, in addition to any other requirements imposed by ordinance:

    i.      Be situated on a lot of not less than nine thousand square foot minimum size, with a minimum width of eighty feet at the building line, a minimum depth of one hundred feet, and a minimum lot frontage on a public street of twenty feet,

    ii.      Provide off-street parking for four vehicles,

    iii.     Be designed to resemble a single-family residence so as to blend in with the design and appearance of the surrounding residences in the neighborhood;

    5.     Child day care centers meeting state requirements;

    6.     Adult or family day care facilities meeting state requirements.

    B.     Conditional Uses.

    1.     Planned residential developments;

    2.     Group homes;

    3.     Dependent relative cottages;

    4.     Mobile and manufactured home parks in compliance with Chapter 17.48;

    5.     Personal services;

    6.     Professional offices with no outside storage;

    7.     Outdoor recreation facilities;

    8.     Public utilities, excluding wireless communication facilities;

    9.     Quasi-public uses;

    10.    Public uses.

    C.     Prohibited Uses. All uses not listed above, including adult entertainment and wireless communication facilities. (Ord. 1484-04 § 5 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1222-95 § 2, 1995: Ord. 1013 § 2.02.01, 1985)

 

17.12.020     Bulk restrictions.

    Bulk restrictions in the residential R-7 zone shall be as follows:

    A.    Minimum Setbacks.

    1.     Front: twenty feet;

    2.     Side: one story dwellings and accessory structures shall have a minimum of five feet; a two story dwelling shall have minimum of eight and each additional story over two shall have an additional four feet, for each story;

    3.     Rear: ten feet for residences, five for accessory structures;

    4.     Garage Setbacks. Private garages attached to or within the residence shall adhere to the setback requirement of the residence. In all cases, there shall be a minimum off-street parking apron of twenty- five feet in length directly in front of all garage door entrances when accessing a street either to the front or side of a residence. Where garage doors access an alley, the off-street parking apron shall be at least ten feet.

    B.     Maximum building height: thirty-five feet except twenty feet for accessory buildings, and no height limit for church steeples or bell towers. (Ord. 1484-04 § 5 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1013 § 2.02.02, 1985)

 

17.12.030     Minimum lot size requirements.

    Minimum lot size requirements for the residential R-7 zone shall be as follows:

    A.    Lot area: six thousand square feet;

    B.     Lot width at building line: forty feet;

    C.     Lot frontage on a public street, approved private street, or approved easement: twenty feet. (Ord. 1484-04 § 5 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1013 § 2.02.03, 1985)

 

17.12.040     Maximum density requirements.

    The maximum gross density requirement in the R-7 zone is seven units per acre. (Ord. 1484-04 § 5 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1222-95 § 3, 1995)

 

17.12.050     Maximum lot coverage.

    Lot coverage is the percent of the lot covered by structures including the main and all accessory buildings. Maximum lot coverage requirements in the residential R-7 zone shall be as follows:

    A.    Fifty percent;

    B.     Variances from the maximum lot coverage requirement are permitted, if the applicant can demonstrate that the proposed coverage does not exceed the average lot coverage of lots within one hundred feet of the parcel. Lot coverage can be equal to the average lot coverage but cannot exceed it. (Ord. 1484-04 § 5 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1264-06 § 1, 1996: Ord. 1222-95 § 4, 1995)

 

 

Chapter 17.16

 

RESIDENTIAL 15 (R-15) ZONE

 

Sections:

17.16.005     Intent.

17.16.010     Use restrictions.

17.16.020     Bulk restrictions.

17.16.030     Minimum lot size requirements.

17.16.035     Zero side setbacks permitted.

17.16.040     Maximum density requirements.

17.16.050     Parking for residential uses in R-15 zone.

17.16.060     Design review.

 

17.16.005     Intent.

    The intent of the R-15 zone is to achieve integration with Sedro-Woolley’s existing building types and configurations: incorporate open street layout similar to existing grid rather than closed circulation systems such as cul-de-sacs: maintain the look of conventional neighborhoods in scale, orientation to the street, style, and appearance; and to avoid creation of large apartment “blocks” separate from other parts of the community. Larger scale buildings are appropriate in the central business district or when combined with commercial uses in the Mixed Commercial zone. Because multifamily is permitted in the MC and CBD zones, no new areas shall be designated R-15. (Ord. 1484-04 § 6 (part), 2004)

 

17.16.010     Use restrictions.

    Use restrictions in the R-15 zone shall be as follows:

    A.    Permitted Uses.

    1.     Multifamily residential uses up to eight units per building;

    2.     One single-family residence per lot;

    3.     Low-intensity agriculture;

    4.     Home occupations in compliance with Chapter 17.68;

    5.     Group homes;

    6.     Dependent relative cottages;

    7.     Professional offices;

    8.     Child day care centers meeting state requirements;

    9.     Planned residential developments;

    10.    Adult or family day care facilities meeting state requirements.

    B.     Conditional Uses.

    1.     Mobile and manufactured home parks in compliance with Chapter 17.48;

    2.     Offices other than professionals;

    3.     Outdoor recreation facilities;

    4.     Public utilities, excluding wireless communication facilities;

    5.     Quasi-public uses;

    6.     Public uses;

    7.     Commerce;

    8.     Personal services.

    C.     Prohibited Uses. All uses not listed above, including adult entertainment and wireless communication facilities. (Ord. 1484-04 § 6 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1013 § 2.03.01, 1985)

 

17.16.020     Bulk restrictions.

    Bulk restrictions in the R-15 zones shall be as follows:

    A.    Minimum Setbacks.

    1.     Front: ten feet;

    2.     Side: one story dwellings and accessory structures shall have a minimum of five feet; a two story dwelling shall have minimum of eight; and each additional story over two shall have an additional four feet, for each story;

    3.     Rear: ten feet for residences; and five for accessory structures.

    B.     Maximum building height: thirty-five feet, except twenty feet for accessory buildings and no height limit for church steeples or bell towers. (Ord. 1484-04 § 6 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1013 § 2.03.02, 1985)

 

17.16.030     Minimum lot size requirements.

    There is no categorical minimum lot size for permitted uses in this zone. However the lot size may be made a condition of approval in design review and conditional uses if relevant in those proceeding. (Ord. 1484-04 § 6 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1013 § 2.03.03, 1985)

 

17.16.035     Zero side setbacks permitted.

    It is the intent of this section to allow for the creation of new lots within an existing lot where buildings on the new lots are not required to maintain side setbacks for the purpose of allowing townhouses with condominium-style ownership that would include not only the interior spaces but also a portion of the land outside of the building. All other setbacks including those to the property lines of the parcel being subdivided, the front and rear setbacks, streets, driveways, etc. shall be maintained.

    A.    A division of land allowing no minimum side setbacks to interior lot lines shall be permitted provided that all other requirements of the zoning district shall remain applicable. Interior lot lines are those that are created as part of the proposed land division.

    B.     The standard setback requirements defined in SWMC Section 17.16.020 shall apply to the property lines of the parcel being subdivided.

    C.     No more than eight dwelling units per building may be attached utilizing the provisions of this section.

    D.    No more than one dwelling unit shall be allowed on any lot with reduced side setbacks created through the provisions of this section of the code.

    E.     All proposed developments permitted using this section shall comply with the design review standards of SWMC Chapter 15.44 and shall be reviewed by the design review committee to determine conformance.

    F.     All developments utilizing the provisions of this section must establish a homeowner’s association per SWMC Section 16.04.080(C). (Ord. 1601-08 § 1, 2008)

 

17.16.040     Maximum density requirements.

    Minimum net density in the R-15 zones is four units per acre. Maximum gross density is fifteen units per acre. (Ord. 1484-04 § 6 (part), 2004: Ord. 1312-98 § 1 (part), 1998)

 

17.16.050     Parking for residential uses in R-15 zone.

    The parking requirements for residential uses in the R-15 zone shall be as follows:

 

Studio

1 space

1 bedroom

2 spaces

2 bedrooms

2 spaces

3 bedrooms

3 spaces

4 or more bedrooms

4 spaces

Visitor/overflow spaces

1 additional space per 8 units

 

Parking spaces counted for residential use shall not also be counted towards non-residential parking requirements of SWMC Chapter 17.36 for other uses in this zone. (Ord. 1484-04 § 6 (part), 2004)

 

17.16.060     Design review.

    All developments in this zone which are subject to environmental review shall comply with the Design Review standards of SWMC Chapter 15.44 for conformance with this and other provisions of the city code. (Ord. 1484-04 § 6 (part), 2004)

 

 

Chapter 17.20

 

MIXED COMMERCIAL (MC) ZONE

 

Sections:

17.20.005     Intent.

17.20.010     Use restrictions.

17.20.020     Bulk restrictions.

17.20.030     Minimum lot size requirements.

17.20.040     Hazardous waste.

17.20.050     Design review.

17.20.060     Parking for residential uses in the MC zone.

 

17.20.005     Intent.

    The intent of this zone is to encourage a compatible mix of commercial and residential development. Standards are intended to present an attractive and welcoming appearance to visitors at the entrances to the city and at selected nodes along major roads; manage traffic impacts; encourage more non-motorized trips and reduce stormwater runoff. Commercial development should be scaled down when adjacent to residential areas to improve compatibility between uses. (Ord. 1484-04 § 7 (part), 2004)

 

17.20.010     Use restrictions.

    Use restrictions in the mixed commercial (MC) zone shall be as follows:

    A.    Permitted Uses.

    1.     Retail, general services, recreational and cultural uses, light manufacturing, low-intensity agriculture;

    2.     Residential units contained above the first story of a commercial building (live/work units are specifically included), limited to eight such units per building;

    3.     Quasi-public uses;

    4.     Public uses;

    5.     Public utilities, other than wireless communications facilities;

    6.     Health facilities and services.

    B.     Conditional Uses. Wireless communications facilities. All other uses not otherwise prohibited.

    C.     Prohibited Uses. All uses not allowed as permitted or conditional uses are prohibited. Adult entertainment is a prohibited use in this zone. (Ord. 1522-05 § 1, 2005: Ord. 1484-04 § 7 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1309-98 § 6, 1998: Ord. 1013 § 2.04.01, 1985)

 

17.20.020     Bulk restrictions.

    A.    Minimum setbacks to adjacent zones:

    1.     Setbacks to residential (R-5, R-7 and R-15) zones: Front setbacks on an arterial street shall be a minimum of twenty feet and a maximum of fifty feet. On a nonarterial street, front setbacks shall be a minimum of ten feet and a maximum of twenty feet. Side setbacks shall be a minimum of thirty-five feet, which may be reduced to twenty feet if building step-backs as required by the design standards and guidelines are incorporated into the site design pursuant to SWMC Chapter 15.44. Rear setbacks shall be a minimum of twenty feet.

    2.     Setbacks to all other zones: Front setbacks on an arterial street shall be a minimum of twenty feet and a maximum of fifty feet. On a nonarterial street, front setbacks shall be a minimum of ten feet and a maximum of twenty feet. Side setbacks shall be a minimum of twenty feet. Rear setbacks shall be a minimum of twenty feet.

    3.     Setbacks to the MC zone: Buildings shall maintain a minimum ten foot setback to all lot lines when adjacent to other properties zoned MC.

    B.     Building height restrictions: Building height restrictions shall be thirty-five feet. (Ord. 1522-05 § 2, 2005: Ord. 1484-04 § 7 (part), 2004: Ord. 1387-00 § 1, 2000: Ord. 1312-98 § 1 (part), 1998: Ord. 1013 § 2.04.02, 1985)

 

17.20.030     Minimum lot size requirements.

    A.    Lot area: There is no categorical minimum lot size for permitted uses in this zone. However the lot size may be made a condition of approval in design review and conditional uses if relevant in those proceeding.

    B.     Lot frontage on a public street or private street: twenty feet. (Ord. 1484-04 § 7 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1013 § 2.04.03, 1985)

 

17.20.040     Hazardous waste.

    On-site hazardous waste treatment and storage facilities as accessory to a permitted or conditional use are allowed a conditional use; provided, such facilities comply with the state hazardous waste citing standards and Sedro-Woolley and State Environmental Policy Act requirements. (Ord. 1484-04 § 7 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1063 § 3 (Exh. B § 2.04.04), 1998)

 

17.20.050     Design review.

    All developments in this zone which are subject to environmental review shall comply with the design review standards of SWMC Chapter 15.44 for conformance with this and other provisions of the city code. (Ord. 1484-04 § 7 (part), 2004)

 

17.20.060     Parking for residential uses in the MC zone.

    The parking requirements for residential uses in the MC zone shall be as follows:

 

Studio

1 space

1 bedroom

2 spaces

2 bedrooms

2 spaces

3 bedrooms

3 spaces

4 or more bedrooms

4 spaces

Visitor/overflow spaces

 1 additional space per 8 units