R District
The intent of the residential district is to provide protection to residential areas from encroachment from nonresidential activities. [Ord. 21-37 § 3, 2021; Ord. 01-05 § 8.]
The following are permitted and principal uses and structures in the R district:
A. Trails and boardwalks.
B. Nonmotorized public access areas to the Kuskokwim River or other areas that require public access.
C. Single-family dwelling units.
D. Duplex uses.
E. Greenbelts and land reserves.
F. Subsistence activities.
G. Any accessory use or structure associated with the principal use or structure on the lot. The use of a freezer van for any purpose is specifically prohibited; except, during the construction or substantial improvement of the primary structure on a lot, a freezer van used solely for storage of construction materials and equipment may be located on the lot for a period not to exceed twelve (12) months unless, for good cause shown, the time is extended in writing by the land use administrator.
H. The facilities of sewer, water and other utilities required to serve the lots in the district.
I. Home occupations, but not more than two (2) per dwelling unit.
J. A bed and breakfast homestay as an accessory use to the principal structure. [Ord. 21-37 § 3, 2021; Ord. 01-05 § 8.]
The following uses and structures are permitted in the R district under the terms of a conditional use permit.
A. Triplex and residential apartment buildings.
B. Planned unit developments.
C. Professional offices.
D. Parks, playfields, and playgrounds.
E. Churches and synagogues, along with the customary accessory uses, including administrative offices, parsonages, day nurseries, kindergartens and meeting rooms.
F. Headquarters or administrative offices for charitable organizations and similar quasi-public organizations of a noncommercial nature.
G. Radio and television transmission towers and antennas, not including amateur radio and citizen band radio antennas that are accessory to a residential use.
H. Food and beverage sales.
I. Personal services.
J. The facilities of sewer, water and other utilities required to serve lots outside the district. [Ord. 21-37 § 3, 2021; Ord. 01-05 § 8.]
The minimum lot size in the R district is nine thousand (9,000) square feet; provided, the minimum lot size for an apartment is ten thousand (10,000) square feet for the first (1st) four (4) units and an additional one thousand (1,000) square feet for each additional unit. [Ord. 01-05 § 8.]
Structures, other than minor structures, in the R district shall be set back from property lines to provide yards as follows:
A. Front yard: Fifteen (15) feet.
B. Side yard: Ten (10) feet; provided, for lots that were lawfully platted prior to 1985 with less than seven thousand (7,000) square feet, seven (7) feet shall be provided for side yards.
C. Rear yard: Ten (10) feet; provided, for lots that were lawfully platted prior to 1985 with less than seven thousand (7,000) square feet, seven (7) feet shall be provided for rear yards.
D. Twenty-five (25) feet from the mean high water mark of any drainage or lake. [Ord. 01-05 § 8.]
The height of structures in the R district is not restricted except as may be limited under the airport height restrictions under BMC 18.48.250 through 18.48.270. [Ord. 01-05 § 8.]
No loud noise, whether of public or private origin, shall be permitted within this land use district during the hours from 11:00 p.m. to 6:00 a.m. “Loud noise” is defined as a decibel level that exceeds eighty (80) dBA max at the property line of the parcel within the R district that is receiving the noise. Specific examples of loud noise include a person or persons speaking loudly or yelling, operating a garbage disposal, or honking a vehicle horn within twenty (20) feet. This provision applies to all noise sources, whether generated inside or outside the R district, but does not apply to noise associated with aircraft arriving at or departing from the airport or emergency equipment or signals operated by a government agency. [Ord. 01-05 § 8.]
A. A bed and breakfast homestay may be allowed as an accessory use to a residential use; provided, that the use of the guest rooms for the bed and breakfast homestay is clearly incidental and subordinate to the use for residential purpose by its occupants.
B. Use Specific Standards.
1. Definition. A bed and breakfast homestay as defined in BMC 16.12.030.
2. General Standards.
a. The host-operator of the bed and breakfast homestay shall establish and maintain the single-family or duplex as their primary domicile at all times while it is operated as a bed and breakfast homestay.
b. A bed and breakfast homestay may have up to three (3) guest rooms. In the case of a duplex, the total number of bed and breakfast homestay guest rooms for the entire duplex cannot exceed three (3) guest rooms. The guest rooms will have no more than three (3) occupants per guest room.
c. All structures are subject to all dimensional requirements of the R (residential) zoning district as outlined in this chapter.
d. The accessory use shall protect and maintain the integrity of the residential neighborhood. A bed and breakfast homestay shall not detract from the principal use and shall not place a burden on any private or public infrastructure (i.e., streets or utilities) greater than anticipated from permitted development.
e. An operational fire extinguisher, smoke detectors (one (1) per guest room plus one (1) in each hallway) and carbon monoxide detectors shall be provided.
f. Operable egress windows must be in each guest room.
C. Parking. One (1) off-street parking space per guest room in addition to the parking spaces required for the principal dwelling unit is required for bed and breakfast homestays. The required parking must occur on site and meet all design standards requirements set forth in BMC 18.48.180. Landscaping or other screening structure may be required by the planning manager to buffer parking from abutting homes.
D. Plan Review Permit. A bed and breakfast homestay shall require a plan review permit using the form that is created by the city planning department. An application for a bed and breakfast homestay shall not be complete unless it is accompanied by proof of current business license and a site plan and building floor plans for each level with the guest rooms identified. Prior to the issuance of a permit, the city planning manager or their designee will inspect the bed and breakfast homestay for compliance with the submitted plans. The owner will be required to submit an affidavit on a form created by the city planning department yearly to verify that the plans for the bed and breakfast homestay have not changed since the original approval.
E. Violations – Enforcement.
1. The owner of the bed and breakfast homestay is responsible for compliance with all provisions of this section and failure of the owner to comply with this chapter will be deemed noncompliance by the owner. The city planning manager may revoke or void any approval for the bed and breakfast homestay.
2. Remedies and penalties for violations under this section are provided in Chapter 18.84 BMC and this subsection. The following conduct shall constitute a violation for which the referenced penalties may be imposed, or permit revoked:
a. Noncompliance with any of the requirements in this section.
b. Noncompliance with conditions imposed by the city planning manager.
c. Failure to comply with a notice of violation/citation and/or pay fines imposed pursuant to this subsection.
d. The occupants of the bed and breakfast homestay have created noise, disturbances, or nuisances in violation of the BMC or state law pertaining to consumption of alcohol or the use of illegal drugs.
e. Any violation regarding sales tax remittance or business licensure shall be enforced by the finance director under BMC Titles 4 and 5, with the cooperation of the city planner as necessary.
3. Evidence of Violation.
a. Advertising of any kind by an owner or agent that offers a residential dwelling unit as a bed and breakfast homestay, as defined and regulated in this section, shall constitute prima facie evidence of the operation of a bed and breakfast homestay. The burden of proof shall be on the owner to establish that the subject property is being used as a legal bed and breakfast homestay or is not in operation.
b. Other evidence of operation of a bed and breakfast homestay without a valid permit may include, but not be limited to, occupant testimony, rental agreements, advertisements, and receipts or bank statements showing payments to owner by an occupant.
4. Penalties. The penalties for violations specified in this section shall be subject to BMC 16.04.050.
5. Complaints and Corrections of Violations. Complaints and violations shall be in accordance with BMC 18.84.020 and 18.84.030.
a. Revocation. If the violation results in the revocation of the approval for the bed and breakfast homestay, the written notice will set the ground upon which the permit was revoked, the date and time when the revocation is effective, and the appeals procedure. These provisions do not preclude the city planning manager’s use of any other remedy prescribed by law with respect to violation of this chapter.
6. Application for Permit after Revocation. A person who has had a bed and breakfast homestay approval revoked shall not be permitted to apply for a subsequent bed and breakfast homestay for a period of one (1) year from the date of revocation.
7. Appeals. Appeals of an action made pursuant to this section must be filed in accordance with Chapters 18.70 and 18.75 BMC. [Ord. 21-37 § 3, 2021.]
The intent of the residential district is to provide protection to residential areas from encroachment from nonresidential activities. [Ord. 21-37 § 3, 2021; Ord. 01-05 § 8.]
The following are permitted and principal uses and structures in the R district:
A. Trails and boardwalks.
B. Nonmotorized public access areas to the Kuskokwim River or other areas that require public access.
C. Single-family dwelling units.
D. Duplex uses.
E. Greenbelts and land reserves.
F. Subsistence activities.
G. Any accessory use or structure associated with the principal use or structure on the lot. The use of a freezer van for any purpose is specifically prohibited; except, during the construction or substantial improvement of the primary structure on a lot, a freezer van used solely for storage of construction materials and equipment may be located on the lot for a period not to exceed twelve (12) months unless, for good cause shown, the time is extended in writing by the land use administrator.
H. The facilities of sewer, water and other utilities required to serve the lots in the district.
I. Home occupations, but not more than two (2) per dwelling unit.
J. A bed and breakfast homestay as an accessory use to the principal structure. [Ord. 21-37 § 3, 2021; Ord. 01-05 § 8.]
The following uses and structures are permitted in the R district under the terms of a conditional use permit.
A. Triplex and residential apartment buildings.
B. Planned unit developments.
C. Professional offices.
D. Parks, playfields, and playgrounds.
E. Churches and synagogues, along with the customary accessory uses, including administrative offices, parsonages, day nurseries, kindergartens and meeting rooms.
F. Headquarters or administrative offices for charitable organizations and similar quasi-public organizations of a noncommercial nature.
G. Radio and television transmission towers and antennas, not including amateur radio and citizen band radio antennas that are accessory to a residential use.
H. Food and beverage sales.
I. Personal services.
J. The facilities of sewer, water and other utilities required to serve lots outside the district. [Ord. 21-37 § 3, 2021; Ord. 01-05 § 8.]
The minimum lot size in the R district is nine thousand (9,000) square feet; provided, the minimum lot size for an apartment is ten thousand (10,000) square feet for the first (1st) four (4) units and an additional one thousand (1,000) square feet for each additional unit. [Ord. 01-05 § 8.]
Structures, other than minor structures, in the R district shall be set back from property lines to provide yards as follows:
A. Front yard: Fifteen (15) feet.
B. Side yard: Ten (10) feet; provided, for lots that were lawfully platted prior to 1985 with less than seven thousand (7,000) square feet, seven (7) feet shall be provided for side yards.
C. Rear yard: Ten (10) feet; provided, for lots that were lawfully platted prior to 1985 with less than seven thousand (7,000) square feet, seven (7) feet shall be provided for rear yards.
D. Twenty-five (25) feet from the mean high water mark of any drainage or lake. [Ord. 01-05 § 8.]
The height of structures in the R district is not restricted except as may be limited under the airport height restrictions under BMC 18.48.250 through 18.48.270. [Ord. 01-05 § 8.]
No loud noise, whether of public or private origin, shall be permitted within this land use district during the hours from 11:00 p.m. to 6:00 a.m. “Loud noise” is defined as a decibel level that exceeds eighty (80) dBA max at the property line of the parcel within the R district that is receiving the noise. Specific examples of loud noise include a person or persons speaking loudly or yelling, operating a garbage disposal, or honking a vehicle horn within twenty (20) feet. This provision applies to all noise sources, whether generated inside or outside the R district, but does not apply to noise associated with aircraft arriving at or departing from the airport or emergency equipment or signals operated by a government agency. [Ord. 01-05 § 8.]
A. A bed and breakfast homestay may be allowed as an accessory use to a residential use; provided, that the use of the guest rooms for the bed and breakfast homestay is clearly incidental and subordinate to the use for residential purpose by its occupants.
B. Use Specific Standards.
1. Definition. A bed and breakfast homestay as defined in BMC 16.12.030.
2. General Standards.
a. The host-operator of the bed and breakfast homestay shall establish and maintain the single-family or duplex as their primary domicile at all times while it is operated as a bed and breakfast homestay.
b. A bed and breakfast homestay may have up to three (3) guest rooms. In the case of a duplex, the total number of bed and breakfast homestay guest rooms for the entire duplex cannot exceed three (3) guest rooms. The guest rooms will have no more than three (3) occupants per guest room.
c. All structures are subject to all dimensional requirements of the R (residential) zoning district as outlined in this chapter.
d. The accessory use shall protect and maintain the integrity of the residential neighborhood. A bed and breakfast homestay shall not detract from the principal use and shall not place a burden on any private or public infrastructure (i.e., streets or utilities) greater than anticipated from permitted development.
e. An operational fire extinguisher, smoke detectors (one (1) per guest room plus one (1) in each hallway) and carbon monoxide detectors shall be provided.
f. Operable egress windows must be in each guest room.
C. Parking. One (1) off-street parking space per guest room in addition to the parking spaces required for the principal dwelling unit is required for bed and breakfast homestays. The required parking must occur on site and meet all design standards requirements set forth in BMC 18.48.180. Landscaping or other screening structure may be required by the planning manager to buffer parking from abutting homes.
D. Plan Review Permit. A bed and breakfast homestay shall require a plan review permit using the form that is created by the city planning department. An application for a bed and breakfast homestay shall not be complete unless it is accompanied by proof of current business license and a site plan and building floor plans for each level with the guest rooms identified. Prior to the issuance of a permit, the city planning manager or their designee will inspect the bed and breakfast homestay for compliance with the submitted plans. The owner will be required to submit an affidavit on a form created by the city planning department yearly to verify that the plans for the bed and breakfast homestay have not changed since the original approval.
E. Violations – Enforcement.
1. The owner of the bed and breakfast homestay is responsible for compliance with all provisions of this section and failure of the owner to comply with this chapter will be deemed noncompliance by the owner. The city planning manager may revoke or void any approval for the bed and breakfast homestay.
2. Remedies and penalties for violations under this section are provided in Chapter 18.84 BMC and this subsection. The following conduct shall constitute a violation for which the referenced penalties may be imposed, or permit revoked:
a. Noncompliance with any of the requirements in this section.
b. Noncompliance with conditions imposed by the city planning manager.
c. Failure to comply with a notice of violation/citation and/or pay fines imposed pursuant to this subsection.
d. The occupants of the bed and breakfast homestay have created noise, disturbances, or nuisances in violation of the BMC or state law pertaining to consumption of alcohol or the use of illegal drugs.
e. Any violation regarding sales tax remittance or business licensure shall be enforced by the finance director under BMC Titles 4 and 5, with the cooperation of the city planner as necessary.
3. Evidence of Violation.
a. Advertising of any kind by an owner or agent that offers a residential dwelling unit as a bed and breakfast homestay, as defined and regulated in this section, shall constitute prima facie evidence of the operation of a bed and breakfast homestay. The burden of proof shall be on the owner to establish that the subject property is being used as a legal bed and breakfast homestay or is not in operation.
b. Other evidence of operation of a bed and breakfast homestay without a valid permit may include, but not be limited to, occupant testimony, rental agreements, advertisements, and receipts or bank statements showing payments to owner by an occupant.
4. Penalties. The penalties for violations specified in this section shall be subject to BMC 16.04.050.
5. Complaints and Corrections of Violations. Complaints and violations shall be in accordance with BMC 18.84.020 and 18.84.030.
a. Revocation. If the violation results in the revocation of the approval for the bed and breakfast homestay, the written notice will set the ground upon which the permit was revoked, the date and time when the revocation is effective, and the appeals procedure. These provisions do not preclude the city planning manager’s use of any other remedy prescribed by law with respect to violation of this chapter.
6. Application for Permit after Revocation. A person who has had a bed and breakfast homestay approval revoked shall not be permitted to apply for a subsequent bed and breakfast homestay for a period of one (1) year from the date of revocation.
7. Appeals. Appeals of an action made pursuant to this section must be filed in accordance with Chapters 18.70 and 18.75 BMC. [Ord. 21-37 § 3, 2021.]
R District
The intent of the residential district is to provide protection to residential areas from encroachment from nonresidential activities. [Ord. 21-37 § 3, 2021; Ord. 01-05 § 8.]
The following are permitted and principal uses and structures in the R district:
A. Trails and boardwalks.
B. Nonmotorized public access areas to the Kuskokwim River or other areas that require public access.
C. Single-family dwelling units.
D. Duplex uses.
E. Greenbelts and land reserves.
F. Subsistence activities.
G. Any accessory use or structure associated with the principal use or structure on the lot. The use of a freezer van for any purpose is specifically prohibited; except, during the construction or substantial improvement of the primary structure on a lot, a freezer van used solely for storage of construction materials and equipment may be located on the lot for a period not to exceed twelve (12) months unless, for good cause shown, the time is extended in writing by the land use administrator.
H. The facilities of sewer, water and other utilities required to serve the lots in the district.
I. Home occupations, but not more than two (2) per dwelling unit.
J. A bed and breakfast homestay as an accessory use to the principal structure. [Ord. 21-37 § 3, 2021; Ord. 01-05 § 8.]
The following uses and structures are permitted in the R district under the terms of a conditional use permit.
A. Triplex and residential apartment buildings.
B. Planned unit developments.
C. Professional offices.
D. Parks, playfields, and playgrounds.
E. Churches and synagogues, along with the customary accessory uses, including administrative offices, parsonages, day nurseries, kindergartens and meeting rooms.
F. Headquarters or administrative offices for charitable organizations and similar quasi-public organizations of a noncommercial nature.
G. Radio and television transmission towers and antennas, not including amateur radio and citizen band radio antennas that are accessory to a residential use.
H. Food and beverage sales.
I. Personal services.
J. The facilities of sewer, water and other utilities required to serve lots outside the district. [Ord. 21-37 § 3, 2021; Ord. 01-05 § 8.]
The minimum lot size in the R district is nine thousand (9,000) square feet; provided, the minimum lot size for an apartment is ten thousand (10,000) square feet for the first (1st) four (4) units and an additional one thousand (1,000) square feet for each additional unit. [Ord. 01-05 § 8.]
Structures, other than minor structures, in the R district shall be set back from property lines to provide yards as follows:
A. Front yard: Fifteen (15) feet.
B. Side yard: Ten (10) feet; provided, for lots that were lawfully platted prior to 1985 with less than seven thousand (7,000) square feet, seven (7) feet shall be provided for side yards.
C. Rear yard: Ten (10) feet; provided, for lots that were lawfully platted prior to 1985 with less than seven thousand (7,000) square feet, seven (7) feet shall be provided for rear yards.
D. Twenty-five (25) feet from the mean high water mark of any drainage or lake. [Ord. 01-05 § 8.]
The height of structures in the R district is not restricted except as may be limited under the airport height restrictions under BMC 18.48.250 through 18.48.270. [Ord. 01-05 § 8.]
No loud noise, whether of public or private origin, shall be permitted within this land use district during the hours from 11:00 p.m. to 6:00 a.m. “Loud noise” is defined as a decibel level that exceeds eighty (80) dBA max at the property line of the parcel within the R district that is receiving the noise. Specific examples of loud noise include a person or persons speaking loudly or yelling, operating a garbage disposal, or honking a vehicle horn within twenty (20) feet. This provision applies to all noise sources, whether generated inside or outside the R district, but does not apply to noise associated with aircraft arriving at or departing from the airport or emergency equipment or signals operated by a government agency. [Ord. 01-05 § 8.]
A. A bed and breakfast homestay may be allowed as an accessory use to a residential use; provided, that the use of the guest rooms for the bed and breakfast homestay is clearly incidental and subordinate to the use for residential purpose by its occupants.
B. Use Specific Standards.
1. Definition. A bed and breakfast homestay as defined in BMC 16.12.030.
2. General Standards.
a. The host-operator of the bed and breakfast homestay shall establish and maintain the single-family or duplex as their primary domicile at all times while it is operated as a bed and breakfast homestay.
b. A bed and breakfast homestay may have up to three (3) guest rooms. In the case of a duplex, the total number of bed and breakfast homestay guest rooms for the entire duplex cannot exceed three (3) guest rooms. The guest rooms will have no more than three (3) occupants per guest room.
c. All structures are subject to all dimensional requirements of the R (residential) zoning district as outlined in this chapter.
d. The accessory use shall protect and maintain the integrity of the residential neighborhood. A bed and breakfast homestay shall not detract from the principal use and shall not place a burden on any private or public infrastructure (i.e., streets or utilities) greater than anticipated from permitted development.
e. An operational fire extinguisher, smoke detectors (one (1) per guest room plus one (1) in each hallway) and carbon monoxide detectors shall be provided.
f. Operable egress windows must be in each guest room.
C. Parking. One (1) off-street parking space per guest room in addition to the parking spaces required for the principal dwelling unit is required for bed and breakfast homestays. The required parking must occur on site and meet all design standards requirements set forth in BMC 18.48.180. Landscaping or other screening structure may be required by the planning manager to buffer parking from abutting homes.
D. Plan Review Permit. A bed and breakfast homestay shall require a plan review permit using the form that is created by the city planning department. An application for a bed and breakfast homestay shall not be complete unless it is accompanied by proof of current business license and a site plan and building floor plans for each level with the guest rooms identified. Prior to the issuance of a permit, the city planning manager or their designee will inspect the bed and breakfast homestay for compliance with the submitted plans. The owner will be required to submit an affidavit on a form created by the city planning department yearly to verify that the plans for the bed and breakfast homestay have not changed since the original approval.
E. Violations – Enforcement.
1. The owner of the bed and breakfast homestay is responsible for compliance with all provisions of this section and failure of the owner to comply with this chapter will be deemed noncompliance by the owner. The city planning manager may revoke or void any approval for the bed and breakfast homestay.
2. Remedies and penalties for violations under this section are provided in Chapter 18.84 BMC and this subsection. The following conduct shall constitute a violation for which the referenced penalties may be imposed, or permit revoked:
a. Noncompliance with any of the requirements in this section.
b. Noncompliance with conditions imposed by the city planning manager.
c. Failure to comply with a notice of violation/citation and/or pay fines imposed pursuant to this subsection.
d. The occupants of the bed and breakfast homestay have created noise, disturbances, or nuisances in violation of the BMC or state law pertaining to consumption of alcohol or the use of illegal drugs.
e. Any violation regarding sales tax remittance or business licensure shall be enforced by the finance director under BMC Titles 4 and 5, with the cooperation of the city planner as necessary.
3. Evidence of Violation.
a. Advertising of any kind by an owner or agent that offers a residential dwelling unit as a bed and breakfast homestay, as defined and regulated in this section, shall constitute prima facie evidence of the operation of a bed and breakfast homestay. The burden of proof shall be on the owner to establish that the subject property is being used as a legal bed and breakfast homestay or is not in operation.
b. Other evidence of operation of a bed and breakfast homestay without a valid permit may include, but not be limited to, occupant testimony, rental agreements, advertisements, and receipts or bank statements showing payments to owner by an occupant.
4. Penalties. The penalties for violations specified in this section shall be subject to BMC 16.04.050.
5. Complaints and Corrections of Violations. Complaints and violations shall be in accordance with BMC 18.84.020 and 18.84.030.
a. Revocation. If the violation results in the revocation of the approval for the bed and breakfast homestay, the written notice will set the ground upon which the permit was revoked, the date and time when the revocation is effective, and the appeals procedure. These provisions do not preclude the city planning manager’s use of any other remedy prescribed by law with respect to violation of this chapter.
6. Application for Permit after Revocation. A person who has had a bed and breakfast homestay approval revoked shall not be permitted to apply for a subsequent bed and breakfast homestay for a period of one (1) year from the date of revocation.
7. Appeals. Appeals of an action made pursuant to this section must be filed in accordance with Chapters 18.70 and 18.75 BMC. [Ord. 21-37 § 3, 2021.]
The intent of the residential district is to provide protection to residential areas from encroachment from nonresidential activities. [Ord. 21-37 § 3, 2021; Ord. 01-05 § 8.]
The following are permitted and principal uses and structures in the R district:
A. Trails and boardwalks.
B. Nonmotorized public access areas to the Kuskokwim River or other areas that require public access.
C. Single-family dwelling units.
D. Duplex uses.
E. Greenbelts and land reserves.
F. Subsistence activities.
G. Any accessory use or structure associated with the principal use or structure on the lot. The use of a freezer van for any purpose is specifically prohibited; except, during the construction or substantial improvement of the primary structure on a lot, a freezer van used solely for storage of construction materials and equipment may be located on the lot for a period not to exceed twelve (12) months unless, for good cause shown, the time is extended in writing by the land use administrator.
H. The facilities of sewer, water and other utilities required to serve the lots in the district.
I. Home occupations, but not more than two (2) per dwelling unit.
J. A bed and breakfast homestay as an accessory use to the principal structure. [Ord. 21-37 § 3, 2021; Ord. 01-05 § 8.]
The following uses and structures are permitted in the R district under the terms of a conditional use permit.
A. Triplex and residential apartment buildings.
B. Planned unit developments.
C. Professional offices.
D. Parks, playfields, and playgrounds.
E. Churches and synagogues, along with the customary accessory uses, including administrative offices, parsonages, day nurseries, kindergartens and meeting rooms.
F. Headquarters or administrative offices for charitable organizations and similar quasi-public organizations of a noncommercial nature.
G. Radio and television transmission towers and antennas, not including amateur radio and citizen band radio antennas that are accessory to a residential use.
H. Food and beverage sales.
I. Personal services.
J. The facilities of sewer, water and other utilities required to serve lots outside the district. [Ord. 21-37 § 3, 2021; Ord. 01-05 § 8.]
The minimum lot size in the R district is nine thousand (9,000) square feet; provided, the minimum lot size for an apartment is ten thousand (10,000) square feet for the first (1st) four (4) units and an additional one thousand (1,000) square feet for each additional unit. [Ord. 01-05 § 8.]
Structures, other than minor structures, in the R district shall be set back from property lines to provide yards as follows:
A. Front yard: Fifteen (15) feet.
B. Side yard: Ten (10) feet; provided, for lots that were lawfully platted prior to 1985 with less than seven thousand (7,000) square feet, seven (7) feet shall be provided for side yards.
C. Rear yard: Ten (10) feet; provided, for lots that were lawfully platted prior to 1985 with less than seven thousand (7,000) square feet, seven (7) feet shall be provided for rear yards.
D. Twenty-five (25) feet from the mean high water mark of any drainage or lake. [Ord. 01-05 § 8.]
The height of structures in the R district is not restricted except as may be limited under the airport height restrictions under BMC 18.48.250 through 18.48.270. [Ord. 01-05 § 8.]
No loud noise, whether of public or private origin, shall be permitted within this land use district during the hours from 11:00 p.m. to 6:00 a.m. “Loud noise” is defined as a decibel level that exceeds eighty (80) dBA max at the property line of the parcel within the R district that is receiving the noise. Specific examples of loud noise include a person or persons speaking loudly or yelling, operating a garbage disposal, or honking a vehicle horn within twenty (20) feet. This provision applies to all noise sources, whether generated inside or outside the R district, but does not apply to noise associated with aircraft arriving at or departing from the airport or emergency equipment or signals operated by a government agency. [Ord. 01-05 § 8.]
A. A bed and breakfast homestay may be allowed as an accessory use to a residential use; provided, that the use of the guest rooms for the bed and breakfast homestay is clearly incidental and subordinate to the use for residential purpose by its occupants.
B. Use Specific Standards.
1. Definition. A bed and breakfast homestay as defined in BMC 16.12.030.
2. General Standards.
a. The host-operator of the bed and breakfast homestay shall establish and maintain the single-family or duplex as their primary domicile at all times while it is operated as a bed and breakfast homestay.
b. A bed and breakfast homestay may have up to three (3) guest rooms. In the case of a duplex, the total number of bed and breakfast homestay guest rooms for the entire duplex cannot exceed three (3) guest rooms. The guest rooms will have no more than three (3) occupants per guest room.
c. All structures are subject to all dimensional requirements of the R (residential) zoning district as outlined in this chapter.
d. The accessory use shall protect and maintain the integrity of the residential neighborhood. A bed and breakfast homestay shall not detract from the principal use and shall not place a burden on any private or public infrastructure (i.e., streets or utilities) greater than anticipated from permitted development.
e. An operational fire extinguisher, smoke detectors (one (1) per guest room plus one (1) in each hallway) and carbon monoxide detectors shall be provided.
f. Operable egress windows must be in each guest room.
C. Parking. One (1) off-street parking space per guest room in addition to the parking spaces required for the principal dwelling unit is required for bed and breakfast homestays. The required parking must occur on site and meet all design standards requirements set forth in BMC 18.48.180. Landscaping or other screening structure may be required by the planning manager to buffer parking from abutting homes.
D. Plan Review Permit. A bed and breakfast homestay shall require a plan review permit using the form that is created by the city planning department. An application for a bed and breakfast homestay shall not be complete unless it is accompanied by proof of current business license and a site plan and building floor plans for each level with the guest rooms identified. Prior to the issuance of a permit, the city planning manager or their designee will inspect the bed and breakfast homestay for compliance with the submitted plans. The owner will be required to submit an affidavit on a form created by the city planning department yearly to verify that the plans for the bed and breakfast homestay have not changed since the original approval.
E. Violations – Enforcement.
1. The owner of the bed and breakfast homestay is responsible for compliance with all provisions of this section and failure of the owner to comply with this chapter will be deemed noncompliance by the owner. The city planning manager may revoke or void any approval for the bed and breakfast homestay.
2. Remedies and penalties for violations under this section are provided in Chapter 18.84 BMC and this subsection. The following conduct shall constitute a violation for which the referenced penalties may be imposed, or permit revoked:
a. Noncompliance with any of the requirements in this section.
b. Noncompliance with conditions imposed by the city planning manager.
c. Failure to comply with a notice of violation/citation and/or pay fines imposed pursuant to this subsection.
d. The occupants of the bed and breakfast homestay have created noise, disturbances, or nuisances in violation of the BMC or state law pertaining to consumption of alcohol or the use of illegal drugs.
e. Any violation regarding sales tax remittance or business licensure shall be enforced by the finance director under BMC Titles 4 and 5, with the cooperation of the city planner as necessary.
3. Evidence of Violation.
a. Advertising of any kind by an owner or agent that offers a residential dwelling unit as a bed and breakfast homestay, as defined and regulated in this section, shall constitute prima facie evidence of the operation of a bed and breakfast homestay. The burden of proof shall be on the owner to establish that the subject property is being used as a legal bed and breakfast homestay or is not in operation.
b. Other evidence of operation of a bed and breakfast homestay without a valid permit may include, but not be limited to, occupant testimony, rental agreements, advertisements, and receipts or bank statements showing payments to owner by an occupant.
4. Penalties. The penalties for violations specified in this section shall be subject to BMC 16.04.050.
5. Complaints and Corrections of Violations. Complaints and violations shall be in accordance with BMC 18.84.020 and 18.84.030.
a. Revocation. If the violation results in the revocation of the approval for the bed and breakfast homestay, the written notice will set the ground upon which the permit was revoked, the date and time when the revocation is effective, and the appeals procedure. These provisions do not preclude the city planning manager’s use of any other remedy prescribed by law with respect to violation of this chapter.
6. Application for Permit after Revocation. A person who has had a bed and breakfast homestay approval revoked shall not be permitted to apply for a subsequent bed and breakfast homestay for a period of one (1) year from the date of revocation.
7. Appeals. Appeals of an action made pursuant to this section must be filed in accordance with Chapters 18.70 and 18.75 BMC. [Ord. 21-37 § 3, 2021.]