A.

There is established the R-1 Single-Family Residential Zone and the standards and regulations by which certain land uses may be permitted therein.

B.

There is established the R-2 One-Family or Duplex Building Zone and the standards and regulations by which certain land uses may be permitted therein.

(Ord. No. W-22, § 42, 4-22-2014; Ord. No. N-90, § 1(part), 1986)

A.

The purpose of the R-1 Single-Family Residential Zone is to provide for single-family residences, excluding mobile homes, on an average neighborhood density of approximately six dwelling units per acre. Zero lot line developments are also considered. The R-1 zone is designed to implement the single-family residential category of the comprehensive plan.

B.

The purpose of the R-2 Two-Family Residential Zone is to provide for both single-family residences and duplexes, excluding mobile homes on a neighborhood density of approximately five dwelling units per acre (single-family) and duplexes at a neighborhood density of approximately nine dwelling units per acre. Zero lot line developments are also considered.

(Ord. No. W-22, § 43, 4-22-2014; Ord. No. U-97, § 114, 1-27-2009; Ord. No. S-46, § 8, 2001; Ord. No. R-40, § 19, 1998; Ord. No. N-90, § 1(part), 1986)

A.

Types of uses. For the purposes of this chapter, there are four types of uses:

1.

A permitted (P) use is one that is permitted outright in the zone, subject to all of the applicable provisions of this title.

2.

A limited (L) use is permitted outright in the zone providing it is in compliance with special requirements, exceptions or restrictions.

3.

A conditional use (C) is a permitted use subject to review and conditions through the process set forth in CMC Chapter 21.58 and CMC Title 23 CMC, governing Conditional Uses and Decision-Making Procedures, respectively.

4.

A prohibited use (N) is not permitted in the zoning district under any circumstances.

B.

Use table. A list of permitted, limited, conditional, and prohibited uses in the R-1 and R-2 Districts is presented in Table 21.20.030-1.

(Ord. No. Y-27, § 1, 11-8-2022; Ord. No. W-22, § 44, 4-22-2014; Ord. No. U-97, § 115, 1-27-2009; Ord. No. U-59, § 33, 2008; Ord. No. P-55, § 3(part), 1992; Ord. No. N-90, § 1(part), 1986)

A.

[Maximum density.] The maximum density of six dwelling units per acre in the R-1 zone and nine dwelling units per acre in the R-2 zone.

B.

Maximum and minimum lot area. The maximum and minimum lot area for the R-1 and R-2 Districts is contained in Table 21.20.040-1.

C.

Maximum and minimum lot sizes. The maximum and minimum lot sizes for the low-density residential districts are contained in Table 21.20.040-2.

D.

Exceptions. The following exceptions are permitted to in regards to the density provisions for the R-2 zoning district contained in Table 21.20.040-1:

1.

Nonresidential uses are exempted from the lot size and density requirements in this zone.

E.

[Net densities.] Net densities are calculated by averaging lots sizes over an entire development. Individual lots may vary in size provided they do not exceed either the minimum or maximum lot area as identified in Table 21.20.040-1.

(Ord. No. X-72, § 1, 11-12-2019; Ord. No. W-22, § 46, 4-22-2014)

Editor's note— Ord. No. W-22, § 45, adopted April 22, 2014, repealed in its entirety § 21.20.040, which pertained to conditional uses and derived from Ord. No. U-97, § 116, adopted Jan. 27, 2009; Ord. No. U-59, § 34, adopted in 2008; Ord. No. P-55, § 4, adopted in 1992; Ord. No. O-28, § 1, adopted in 1987; and Ord. No. N-90, § 1(part), adopted in 1986. Subsequently, said ordinance, § 46, reenacted § 21.20.040, as set out herein.

A.

Purpose. Housing types in the low density residential zones are designed to maintain the overall image and character of the Cheney's low density neighborhoods; however, the regulations allow options to increase housing variety and opportunities, and to promote affordable housing.

B.

Standards. Development standards in the R-1 and R-2 districts are contained in Table 21.20.050-1. These apply to all primary dwellings and accessory buildings on the site.

C.

Lot setbacks.

1.

Setbacks. The zoning code requires that certain portions of a lot be set aside for front, rear and side yards. In general, no portion of a house (except covered front porches, chimneys, and bay windows) may extend up to 50 percent into these required yards. Eaves may project 30 inches into the required setback. Accessory structures and ADUs may be placed in the side or rear yards (such as garages, sheds, decks, porches or arbors) as along as adequate space is available, and certain criterion are met per CMC 21.44.

2.

Calculation. Yards are measured from the property line to the wall of the structure.

D.

Garages. The intent is to deemphasize garages and driveways as major visual elements along the street, while ensuring that the living area of the residence is more prominent than the garage. Attached residential garages shall be subordinate to the dwelling.

1.

The principal façade of the dwelling is emphasized through the use of architectural features such as, but not limited to, porches, architectural details, height, or orientation, so that the non-garage portion of the residence is visually dominant;

2.

Garages should not occupy more than 50 percent of the building façade as seen from the front property line or 65 percent when a third car garage is included. Percentage calculation for the principal façade includes the upper story and garage gable features. Garage[s] shall not extend more than 14 feet from the principal façade. When extending the garage more than four feet beyond the principal façade for a single story, a gable, or other architectural roof features will be required.

E.

Driveways.

1.

No more than one driveway per street frontage (this could include circular driveways), and must comply with access requirements outlined in CMC 12.62;

2.

Driveways for individual lots 50 feet or wider may be up to 20 feet in width at the throat of the driveway; and

3.

Driveways for individual lots less than 50 feet wide would be up to 15 feet in width at the throat of the driveway.

4.

Tandem parking allowed for two-car garages for single-family and duplexes.

F.

Single-dwelling structures.

1.

Orientation. If the single-family residence is situated on a corner lot, the structure shall be addressed off of the street that the main pedestrian entrance faces.

G.

Duplexes. By definition, duplexes are two units that share a common roof and a common wall for at least 50 percent of the maximum depth of the building, and prohibit the separation of the two units by a breezeway, carport, or other open building element; instead of a shared common wall, the two units can share a common floor and ceiling.

1.

Design standards. Specifically, duplexes shall emulate the look of a single-family structure. Duplexes shall use modulated roof forms to help break up the massing of buildings and distinguish individual units. Duplexes on corner lots may be exceptions, where it is often advantageous for a duplex to appear as one home (but with entries on opposite streets).

H.

Manufactured homes. Manufactured homes are permitted on individual lots in the R-1 or R-2 zone and shall be in accordance with the placement standards (including foundations) as set forth in this section and other provisions which apply to conventionally built dwellings (i.e. including appropriate building code requirements). The following development standards apply:

1.

The home must be at least 24 feet by 36 feet.

2.

The home must be placed on a permanent foundation.

3.

The home must have a roof of no less than 3:12 pitch.

4.

The home must have roof and siding materials that are similar in appearance to a site-built residence.

5.

The home must be new.

6.

Articulation. Include some building articulation through the incorporation of any of the following:

a.

Change in vertical wall plane (two-foot minimum);

b.

Change in horizontal wall plane (two-foot minimum);

c.

Varying roof lines (by emphasizing dormers, chimneys, stepped roofs, and gables);

d.

Repeating distinctive window patterns;

e.

Projecting or recessed architectural elements including windows and doors.

I.

Zero lot lines. A zero (side yard) lot line development is where houses in a development on a common street frontage are shifted to one side of their lot. This provides for greater usable yard space on each lot.

1.

Where allowed. Zero lot line developments are allowed for single-family structures in the R-1 and R-2 zones. Zero lot line developments are allowed by right on a minimum of four lots grouped together.

2.

Setbacks. The side building setback on one side of the house may be reduced to zero. This reduction does not apply to the side building setback adjacent to a street. All other setback requirements apply.

3.

Privacy wall. In order to maintain privacy, no doors, windows, air conditioning units, or any other types of openings in the walls along a zero lot line structure are allowed except for windows that do not allow for visibility into the side yard of the adjacent lot.

4.

Restrictions. Restrictions which assure the minimum distance between houses, and any required easements, must be recorded on the deeds of the applicable lots. Proof of such recording must be submitted as part of the building permit application.

5.

Maintenance. An easement between the two property owners to allow for maintenance or repair of the house is required when the eaves or side wall of the house are closer than three feet to the adjacent property line.

J.

Fences.

1.

Fences must be set back four feet from the edge of the roadway. Fences over four feet in height must be set back 15 feet from the back of curb parallel to the front property line and seven and one-half feet from the back of curb parallel to the side property line.

2.

Fences shall be no higher than eight feet.

3.

The structural support side of the fence shall face towards the interior of the builder's property only on the front and street side yards.

4.

Fences and hedges must conform to the clear view triangle standards of chapter 21.46.

K.

Nonresidential. The base zone development standards are designed for residential buildings. Generally, different development standards are needed for nonresidential uses which may be allowed in the R-1 and R-2 zones. The intent of nonresidential standards is to maintain compatibility, and limit potential negative impacts on surrounding residential areas.

L.

Uses. As indicated in Table 21.20.050-1, nonresidential uses that locate within the R-1 and R-2 zones shall comply with the following development standards:

1.

Specific standards.

a.

Mechanical equipment. Mechanical equipment located on the ground, such as heating or cooling equipment, pumps, or generators shall be screened from the street and any abutting residential zones by fences, vegetation, or other appropriate screening.

b.

Garbage and recycling collection areas. All exterior garbage cans, garbage collection areas, and recycling collection areas must be screened from the street (not located within the front yard setback area) and any adjacent properties.

c.

Exterior storage. Exterior storage of materials or equipment shall not be visible from the public right-of-way.

d.

Temporary structures. Temporary structures are permitted if they are connected to the primary use and function of the site or campus. Temporary structures shall not be located in the front yard or street side yard setbacks.

M.

Shipping container as building components. Shipping containers are permitted as a building component in the construction of homes on individual lots in the R-1 or R-2 zone and shall be in accordance with the placement standards (including foundations) as set forth in this section (height, setbacks, etc.) and other provisions which apply to conventionally built dwellings (i.e., including appropriate building code requirements). The following specific development standards apply:

1.

Placement. A minimum of three shipping containers shall be placed on a site. All containers must be connected and have a common wall.

2.

Must be placed on a permanent foundation.

3.

Siding materials shall be similar in appearance to a site-built residence. Exception: The existing metal exterior of a container is acceptable as a siding material if it is in good condition, without dents, rust, or other obvious damage, it complies with the WA state building code, and provided that it does not exceed 50 percent of the façade facing the public way.

4.

Composition. Portions of the home's floor area which is predominately composed of a shipping container shall not exceed 75 percent of any story.

5.

Articulation. Include some building articulation through the incorporation through the following:

a.

Vertical fenestration (windows) to give the structure a residential feeling;

b.

Varying roof lines (this could include varied building heights (flat roofs), stepped roofs, and gables);

c.

Balanced arrangement of window patterns;

d.

Projecting or recessed architectural elements including windows and doors; adding visual depth and character to the structure.

(Ord. No. Y-89, 7-22-2025; Ord. No. Y-27, § 2, 11-8-2022; Ord. No. Y-21, § 8, 10-11-2022; Ord. No. X-32, § 1, 7-10-2018; Ord. No. X-13, § 1, 10-10-2017; Ord. No. W-55, § 6, 3-10-2015; Ord. No. W-22, § 48, 4-22-2014)

Editor's note— Ord. No. W-22, § 47, adopted April 22, 2014, repealed in its entirety § 21.20.050, which pertained to bulk and size and derived from Ord. No. U-97, § 117, adopted Jan. 27, 2009 and Ord. No. N-90, § 1(part), adopted in 1986. Subsequently, said ordinance, § 48, reenacted § 21.20.050, as set out herein.

See chapter 21.40 for off-street parking standards.

(Ord. No. U-97, § 118, 1-27-2009; Ord. No. N-90, § 1(part), 1986)

See chapter 21.42 for landscaping and buffering standards.

(Ord. No. U-97, § 119(21.20.063), 1-27-2009)

See chapter 21.54 for sign standards.

(Ord. No. U-97, § 120(21.20.067), 1-27-2009)

See chapter 21.48 for general use provision standards.

(Ord. No. U-97, § 121, 1-27-2009; Ord. No. T-36, § 4, 2003)