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Dayton City Zoning Code

CHAPTER 11

03.- RESIDENTIAL ZONES

11-03.010.- Intent and purpose of residential zones.

The intent and purpose of the residential zone is to provide for residential uses and such other uses as may be compatible to the following zones:

A.

Agricultural residential (AR). The intent of the agricultural residential zone is to retain a single-family, low-density residential character. The base density for the agricultural residential zone is three to four dwelling units per acre. Varied housing types may be allowed through approved planned residential development, manufactured home parks, and manufactured home subdivisions.

B.

Urban residential (DR). The intent of the urban residential zone is to provide for a mixture of housing unit types including single-family, duplex, manufactured and multifamily dwellings. The base density is four to six dwelling units per acre. This zone also includes provisions for the manufactured home subdivisions.

(Ord. No. 1841, § 2(Att. B), 11-12-2013; Ord. No. 1967, § 3, 10-14-2020)

11-03.020. - Uses.

All uses in residential zones shall either be permitted as a principal use, as an accessory use or as a conditional use, or prohibited as indicated in the Use Chart of this section. If a use is not listed, it is prohibited unless the planning director determines that a proposed use is similar in aspects such as size, density, effect and impact on surrounding users as a listed use. All restrictions that apply to a listed use shall apply to any use which is permitted as a similar use.

Use Chart Residential Zones
AR UR
A. Residential Uses.
Accessory dwelling unit (ADU)
 > 1  Accessory only to one primary single-family dwelling, also see DMC 11-01.020 G.
A 1 A 1
Adult family home P P
Boardinghouse A P
Cottage housing development (DMC 11-01) P P
Duplexes X P
Duplexes (two attached dwellings units with a minimum of 3,600 square feet of lot area for each unit) X P
Group home P P
Manufactured and mobile home parks C C
Multifamily X P
Pets, household A 2 A 2
Private garages and storage buildings, including carports A A
Private recreational facilities (pools, patios, and similar) A A
Single-family dwelling P P
Single manufactured home P P
Tent structure, residential—See DMC 11-03.040 for limitations A A
Vacation rental P P
B. Agricultural Uses.
Apiary A A
Feedlots X X
General farming P 2 A 2
Large sized livestock P 2 X
Moderate sized livestock P 2 X
Small production animals P 2 A 2
Marijuana producers and production including medical marijuana X X
Medical marijuana cooperative X X
C. Community Facilities.
Community centers and similar facilities C C
Fire and police stations C C
Hospitals X C
Medical clinics X C
Parks P P
Religious facilities, faith centers and churches C C
Schools C C
Utility transformers, pump station, etc. C C
D. Commercial Uses. (Limitations on Commercial Uses—See 11-03.060)
Bed and breakfast guest house A A
Inn X C
Communication towers including phone, radio, TV and similar A A
Community residential facilities (CRF) X C
Day care facilities
 Day care center C C
 Mini Day Care Center C C
 Family day care home A A
Home business or occupation A A
Kennels A X
Marijuana processor and processing X X
Marijuana retailers and retail stores with or without a medical marijuana endorsement X X
Nursing homes C C
Professional, administrative and service offices A A
Retail nurseries and greenhouses A A
Veterinary clinic X C
1 Accessory only to one primary single-family dwelling, also see DMC 11-01.020(G)
2 See DMC 11-03.100 for limitations to pets, livestock and production animals

 

P—Permitted use; C—Conditional use; A—Accessory use; X—Not allowed

(Ord. No. 1841, § 2(Att. B), 11-12-2013; Ord. No. 1864, § 2, 9-8-2014; Ord. No. 1886, § 1, 12-7-2015; Ord. No. 1901, §§ 2, 3, 10-10-2016; Ord. No. 1937, § 4, 8-8-2018; Ord. No. 1967, § 4, 10-14-2020)

11-03.030. - Standards—Lot area, height, setback, lot coverage requirements and exceptions.

The lot areas, setbacks, structure heights and lot coverage required or permitted in residential zones, and additional specific standards are listed below:

Lot Areas, Setbacks, Structure Heights and Lot Coverage Required or Permitted Zones
AR UR
Lot area minimum 10,800 s.f. NO MIN
Lot width minimum 80′ 50′
Lot depth minimum 120′ 100′
Principal building setbacks
 Minimum front and rear yard setbacks for principal buildings including setbacks for front yards of a through lot 20′ 10′
 Minimum primary front (P), flank front (F) and rear (R) yard setbacks for principal buildings on a corner lot: P/F/R 20′/10′/20′ 10′/10′/10′
 Minimum garage setback for garage entry. P and/or F 25′/20′ 20′/20′
 Minimum side yard setback 10′ 5′
Accessory building setbacks
 Minimum front yard setbacks including setbacks for front yards of a lot and through lot 25′ 20′
 Minimum primary front (P), and flank front (F) yard setbacks for an accessory buildings on a corner lot: P/F 25′/20′ 20′/15′
 Minimum garage front setback for garage entry. P/F 25′/20′ 20′/20′
 Minimum rear yard setback 10′ 5′
 Minimum side yard setback 10′ 5′
Maximum Height for structures and buildings (exceptions listed below):
 Fence height: (refer to section 11-03.065 for vision clearance area requirements)
 On back property, flank property, or side property line or within the rear, flank front, or side yard setback (11-03.065 - Vision clearance area requirements still applicable) 6′ 6′
 Fences on the front property line(s) or in the primary front yard setback(s) area 4′ 4′
Buildings, portions of buildings or structures within 10 feet of a property line, shall have a maximum height from the finished grade to the top of the wall plate: 10′ hgt. 10′ hgt.
Buildings, portions of buildings or structures more than 10 feet but less than 20 feet from a property line shall have a max. height from the finished grade to the top of the wall plate: 20′ hgt. 20′ hgt.
Buildings, portions of buildings or structures shall have a max. height from the finished grade to the top of the roof: 35′ hgt. 35′ hgt.
Lot coverage—Maximum 40% 50%
Impervious surface—Maximum 65% 65%

 

Building height and setback exceptions in residential zones.

A.

The building height limitations above in DMC 11-03.030 do not restrict the height of water reservoirs, church spires, and other similar structures or facilities.

B.

Cornices, eaves, chimneys, belt courses, leaders, sills, pilasters or other similar architectural or ornamental features; open balconies or unenclosed stairways not covered by a roof or canopy; and open, unenclosed porches, platforms, or landings not covered by a roof or canopy, which do not extend above the level of the first floor may extend or project into a required yard up to one foot.

C.

Open, unenclosed patios, terraces, courtyards and decks or similar surfaced areas, not covered by a roof or canopy, that do not extend more than 18 inches above the finished grade may occupy, extend or project into a required yard.

D.

If the principal residential buildings on both abutting lots have front or rear yard setbacks less than the required depth, the yard for the lot need not exceed the average yard depth of the setbacks on the abutting lots. In no case shall the front and rear yard setback be less than ten feet.

E.

On a steep site, a detached or attached garage may be constructed in a natural bank of earth without regard to front yard regulations, provided at least 75 percent of all exterior walls, except the front, are underground.

F.

One accessory structure that does not exceed 10 feet in height to the peak of the roof or 120 feet in floor area may be located within the rear yard setback.

G.

Accessory dwelling units (ADU's) shall be designed to preserve or complement the architectural design, style, and appearance of the principal structure with not less than 220 gross square feet and no more than 800 gross square feet of floor area. If detached from the primary residence, an exterior height of 25 feet to the top peak of the roof is allowed; providing, however, that all the other maximum lot coverage, setback and height limit limitations pursuant to DMC 11-03.030 are met. Apartments above garages/shops are permitted to be used as ADU's, if the following conditions are met: all zoning requirements of DMC Title 11 are met, including lot coverage and setbacks, egress must be provided in a way that tenants can get out of the apartment/unit without entering the garage/shop, and all applicable fire and building codes are met. All owners must register their ADU with the city's planning department. An occupancy permit must be obtained, if required by building codes.

H.

Swimming pools, spas, and hot tubs:

1.

Setbacks. Swimming pools, spas, and hot tubs shall have a minimum setback of five feet from a property line and above ground swimming pools, spas, and hot tubs may be required to setback greater than five feet from a property line per DMC 11-03.030 setback/height restrictions.

Under DMC 5-2.04, the International Property Maintenance Code Section 303 addresses the requirements for fencing and maintenance of swimming pools, spas and hot tubs. Fencing height limitations within front setbacks and for sight triangles are applicable unless a variance is obtained.

(Ord. No. 1841, § 2(Att. B), 11-12-2013; Ord. No. 1873A, § 1, 2-9-2015; Ord. No. 1886, § 1, 12-7-2015; Ord. No. 1937, § 5, 8-8-2018; Ord. No. 1967, § 5, 10-14-2020)

11-03.035. - Residential zone infill.

Where undeveloped lots exist between developed spaces within an existing residential zone per the official zoning map of the City of Dayton, the following incentive techniques shall be permitted to incentivize urban density within the incorporated areas for the development of one dwelling unit per lot:

A.

Lot area. Minimum lot area for one detached dwelling unit shall be 2,500 square feet.

B.

Height limit and roof pitch. The basic height limit shall be 25 feet. The ridge of pitched roofs with a minimum slope of four to twelve (4:12) may extend above the height limit to 30 feet. All parts of the roof above 25 feet shall be pitched.

C.

Structure depth. The depth of any structure shall not exceed 60 feet. Decks, balconies, and bay windows shall be excluded from measurement for the purposes of this provision.

D.

Yards and setbacks.

1.

Front and rear yards.

a.

The sum of the front yard plus the rear yard shall be a minimum of 30 feet.

b.

In no case shall either yard have a depth of less than ten feet.

2.

Side setbacks. The required minimum side setback is five feet. The side setback may be averaged. No portion of the side setback shall be less than three feet, except as follows:

a.

Street side setbacks shall be a minimum of five feet.

3.

Exceptions from standard yard and setback requirements. The following parts of structures may project into a required yard or setback:

a.

Uncovered porches or steps. Uncovered, unenclosed porches or uncovered, unenclosed steps that project into a required yard or setback, if the porch or steps are no higher than four feet on average above existing grade, are no closer than three feet to any side lot line, no wider than six feet, and project no more than six feet into a required front or rear yard. The heights of porches and steps are to be calculated separately.

b.

Certain features of a structure.

1)

External architectural features with no living area, such as chimneys, eaves, cornices and columns, that project no more than 18 inches into a required yard or setback.

2)

Bay windows that are no wider than eight feet and project no more than two feet into a required front or rear yard or street side setback.

3)

Other external architectural features that include interior space such as garden windows, and project no more than 18 inches into a required yard or setback, starting a minimum of 30 inches above the height of a finished floor, and with maximum dimensions of six feet in height and eight feet in width.

E.

Lot coverage.

1.

Where the above standards are met, lot coverage can be up to 75 percent maximum, with a maximum of impervious surface coverage of 85 percent.

Where undeveloped lots exist between developed spaces within an existing residential zone per the official zoning map of the City of Dayton, the following incentive techniques shall be permitted to incentivize urban density within the incorporated areas for the development of cottage housing developments (CHDs):

A.

Accessory dwelling units shall not be permitted in cottage housing developments.

B.

Density and minimum lot area.

1.

In cottage housing developments (CHDs), the permitted density shall be one dwelling unit per 1,600 square feet of lot area.

2.

Cottage housing developments shall contain a minimum of two cottages arranged on at least two sides of a common open space, with a maximum of 12 cottages per development.

3.

The minimum lot area for a cottage housing development shall be 6,400 square feet.

4.

On a lot to be used for a cottage housing development, existing detached single-family residential structures, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but must be utilized as a cottage, in reference to the standards of this section.

C.

Height limit and roof pitch.

1.

The height limit permitted for structures in cottage housing developments shall be 18 feet.

2.

The ridge of pitched roofs with a minimum slope of six to 12 (6:12) may extend up to 28 feet. The ridge of pitched roofs with a minimum slope of four to 12 (4:12) may extend up to 23 feet. All parts of the roof above 18 feet shall be pitched.

D.

Lot coverage and floor area.

1.

The maximum lot coverage permitted for principal and accessory structures in cottage housing developments shall not exceed 40 percent.

2.

The lot coverage for an individual principal structure in a cottage housing development shall not exceed 650 square feet.

3.

The total floor area of each cottage shall not exceed either 1.5 times the area of the main level or 975 square feet, whichever is less. Enclosed space in a cottage located either above the main level and more than 12 feet above finished grade, or below the main level, shall be limited to no more than 50 percent of the enclosed space of the main level, or 375 square feet, whichever is less. This restriction applies regardless of whether a floor is proposed in the enclosed space, but shall not apply to attic or crawl spaces.

E.

Yards and setbacks.

1.

Front setback. The minimum front setback for cottage housing developments is an average of ten feet, and at no point shall it be less than five feet.

2.

Rear yards. The rear yard for a cottage housing development shall be minimum ten feet.

3.

Side yards. The side yard for a cottage housing development shall be minimum five feet. If there is a principal entrance along a side facade, the side yard shall be no less than ten feet along that side for the length of the pedestrian route.

4.

Interior separation. A minimum separation of six feet is required between principal structures. Facades of principal structures facing facades of accessory structures shall be separated by a minimum of three feet. If there is a principal entrance on an interior facade of either or both of the facing facades, the minimum separation shall be ten feet.

5.

Exceptions from standard yard, setback and interior separation requirements. For all developments, only structures that comply with the following may project into a required yard, setback or interior separation:

a.

Uncovered porches or steps. Uncovered, unenclosed porches or uncovered, unenclosed steps that project into a required front setback, a side or a rear yard, if the porch or steps are no higher than four feet on average above existing grade, no closer than three feet to any side lot line, no wider than six feet, and project no more than six feet into a required front setback or rear yard. The heights of porches and steps are to be calculated separately.

b.

Certain features of a structure.

1)

External architectural features with no living area such as chimneys, eaves, cornices and columns, that project no more than 18 inches into a required yard or into a required interior separation between structures;

2)

Bay windows that are no wider than eight feet and project no more than two feet into a required front setback or rear yard;

3)

Other external architectural features that include interior space such as garden windows, and project no more than 18 inches into a required front setback or rear yard, starting a minimum of 30 inches above the height of a finished floor, and with maximum dimensions of six feet in height and eight feet in width;

F.

Required open space.

1.

Quantity of open space. A minimum of 400 square feet per unit of landscaped open space is required. This quantity shall be allotted as follows:

a.

A minimum of 200 square feet per unit shall be private usable open space; and

b.

A minimum of 150 square feet per dwelling unit shall be provided as common open space.

2.

Development standards.

a.

Private usable open space shall be provided at ground level in one contiguous parcel with a minimum area of 200 square feet. No horizontal dimension of the open space shall be less than ten feet.

b.

Required common open space shall be provided at ground level in one contiguous parcel with a minimum area of 150 square feet per unit. Each cottage shall abut the common open space, and the common open space shall have cottages abutting at least two sides.

c.

The minimum horizontal dimension for open space shall be ten feet.

G.

Parking.

1.

One parking space per dwelling unit shall be required.

2.

Access. Access to parking shall be from the alley when property abuts a platted improved alley or when the director determines that alley access is feasible and desirable to mitigate parking access impacts.

3.

Location.

a.

Parking shall be on the same lot as the cottage housing development.

b.

Parking may be in or under a structure, or outside a structure, provided that:

(1)

Parking outside a structure may not be located between cottages.

(2)

Parking may not be located in the front yard.

(3)

Parking may be located between any structure and the rear lot line of the lot, or between any structure and a side lot line which is not a street side lot line.

(Ord. No. 1957, § 2(Exh. B), 11-20-2019)

11-03.040. - Residential tent structures.

Tent structures as defined in this title are allowed in residential zones as accessory structures subject to setback, and height/setback requirements of the zone for buildings and the following additional standards:

A.

A maximum of one residential tent structures is allowed on a lot.

B.

A residential tent structure may be used only for the storage of motor vehicles, recreational vehicles, or boats.

C.

A residential tent structure shall conform to the off-street parking area requirements under DMC 11.08.

D.

The maximum height to the peak of the roof for a residential tent structure must not exceed 15 feet.

E.

All structures, including a residential tent structure on a lot, must not exceed the allowable building lot coverage for the parcel of property as defined under DMC 11-03.030.

F.

All residential tent structures must be white, a subdued color, or substantially match the appearance of the primary structure on the property. No residential tent structure shall be blue. All residential tent structures shall maintain an appearance of integrity. Residential tent structures that do not maintain an appearance of integrity must be removed from the property by the property owner within 30 days.

G.

All residential tent structures must be installed and anchored pursuant to the manufacturer's instructions.

H.

A residential tent structure must be constructed of approved fire retardant materials.

(Ord. No. 1841, § 2(Att. F), 11-12-2013)

11-03.050. - Building construction—All buildings in residential zones.

A.

All buildings built or installed must:

1.

Be built to the International Building and Residential Building Code requirements, or must be a designated manufactured house;

2.

Meet the State Energy Code requirements;

3.

Be installed on and attached to a permanent foundation; and the permanent foundation of a building must meet the requirements for footings and foundations contained in the International and Residential Building Codes or, for a designated manufactured house the footings and foundations must:

a.

Be installed below the frost line to the ground level as required in the International Building Code;

b.

Be installed from the ground level to the house as required in the Washington Administrative Code and in the specifications provided by the manufacturer;

c.

The area between the lowest inhabitable floor and the ground level at the perimeter of a designated manufactured house must be enclosed with solid material that provides an appearance similar to crawl space enclosures on permanent site-built single-family residences. The crawl space enclosure material and installation must meet the International and Residential Building Code requirements; and

d.

Be permanently attached to all required utilities.

B.

Temporary or mobile buildings may remain on a lot for up to 60 days of a twelve-month calendar year, except for:

1.

A mobile or manufactured home in a mobile home park; or

2.

After a building permit has been obtained, a temporary construction office or a recreational vehicle that serves as the residence for an owner/builder who is building a residence on the lot can be placed on the lot and can remain on a lot for the term of the construction work or one year, whichever is shorter, unless extended by the planning director to accommodate a longer construction period; or

3.

An unoccupied recreational vehicle or travel trailer parked on a land parcel that includes the primary residence of the owner of the recreational vehicle or travel trailer.

(Ord. No. 841, § 2(Atts. B, F), 11-12-2013; Ord. No. 1967, § 6, 10-14-2020)

11-03.060. - Limits on businesses.

It is the intent of this chapter to permit any legal economic activity in a residential unit to the extent that the business activity does not detract from the residential character of the neighborhood and the activity does not create a nuisance (noise, odors, visual blight, etc.) to neighbors. Businesses in residential zones must conform to the following requirements:

A.

Unless the business use is a conditional use authorized in this chapter and the business has been specifically reviewed and approved, the business must be a use that is accessory to a principal residential use and the area used only for the business use cannot occupy more than 40 percent of the gross floor area of all structures on a lot;

B.

Traffic and parking volumes created by the business may not create a detrimental effect on the surrounding residential uses and generally should not exceed ten vehicles arriving and departing per day and should not result in on street parking that takes up parking space beyond the lot frontage where the business is located;

C.

The business may not produce odor, gas, vibrations, noise, magnetic interference, or other elements that are detrimental to the surrounding residential uses;

D.

The noise level of the work in the business may not exceed normal residential noise levels;

E.

No items related to the business may be stored outside;

F.

The business may not employ on-site more than two people who are not residents of the dwelling unit on the lot where the work is occurring;

G.

No business related window displays, or exterior displays are permitted and no structures can be built on the lot that reflect any use other than a residential use; and

H.

Identification signs may not exceed three square feet in area and may not rotate, flash, be internally lighted or include changing image, changing message or message boards or be installed on a roof.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

11-03.065. - Vision clearance area requirements.

At street intersections and at intersections of streets and alleys, in the area adjacent to each intersection shall be maintained in a clear and open condition to provide for safe vision of traffic on the intersecting streets. The area shall include all areas within a sight triangle, measured ten feet back from the intersecting property lines along each street front or alley property line. Within this triangle area no fences, bushes, structures or other vision obstructing elements may be more than three feet higher than the finished grade of the adjacent streets and no signs, tree limbs or other vision obstructing elements may be less than eight feet above the finish grade of the adjacent streets.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

11-03.070. - Off-street parking.

The intent of parking requirements in residential zones is to maintain the residential character of the area and to reduce congestion on the street. The amount of off-street parking spaces required for each use is listed in chapter 11-08. Parking in residential zones shall be located on the lot on which the use is located.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

11-03.080. - Landscaping—Required.

The intent of the landscaping requirements in residential zones is to decrease the potential negative effect of higher-density residential uses and intensity of nonresidential uses on lower-density residential uses.

A.

All multifamily developments, mobile home parks and commercial uses in residential zones must provide landscaping and screening including a street tree on each street frontage and one additional tree for every 50 lineal feet of street frontage.

B.

In addition to these general requirements, refer to chapter 11-08, for landscaping, screening, lighting and surfacing requirements for surface parking and outdoor storage areas that are larger than 2,500 square feet.

(Ord. No. 1841, § 2(Att. B), 11-12-2013; Ord. No. 1937, § 6, 8-8-2018)

11-03.090. - Exterior lighting.

Exterior lighting in residential zones shall be shielded and directed away from adjacent property. Elevated exterior lighting shall not exceed a height of 15 feet above finished grade, and shall be scaled in size and intensity to match the magnitude of the area to be lit.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

11-03.100. - Animal densities—Livestock and production animals and household pets restrictions.

A.

Livestock and production animal restrictions. Livestock and production animals such as horses, cows, goats, sheep and fowl are allowed subject to DMC 11-03.020 and as follows:

1.

In the AR zone, large sized livestock animals such as a horse, cow or similar-sized animals require a minimum of 40,000 square feet of usable pasture area for the first large animal with an additional minimum usable pasture area of 20,000 square feet per each additional large animal.

2.

In the AR zone, moderate sized livestock animals such as a sheep, goat or similar-sized animals totaling 200 pounds or less require a minimum of 10,000 square feet of usable pasture for the first moderate sized animal with an additional minimum usable pasture area of 5,000 square feet per each additional animal.

3.

In the UR zone, moderate sized livestock animals such as sheep, goats or similar-sized animals totaling 200 pounds or less will only be allowed where the lot, or combination of lots owned by the same person and where the livestock will be kept, has at least 10,000 square feet of usable pasture (open space) for the first moderate sized animal with an additional minimum usable pasture area of 5,000 square feet per each additional animal, to a maximum of three moderate sized livestock.

a)

Fencing shall be of a non-penetrable type so as to reduce nuisance impact on adjacent land uses.

b)

Male moderate size livestock must be de-scented and/or neutered using humane standards.

c)

All confinement areas shall be kept in a manner as not to cause a noise, odor, or visual nuisance with respect to neighboring property. All enclosure areas shall be kept clean.

d)

Food and animal waste must be removed to keep the areas free from insect infestations, rodents or disease, as well as to prevent obnoxious or foul odors, and must not constitute a nuisance. Manure shall not be allowed in any place where it can affect any source of drinking water.

e)

Offspring of animals legally permitted under this chapter may be kept for a period not to exceed four months. Beyond this period, offspring must meet the per-animal limitations of this chapter.

4.

Small sized production animals such as chickens, rabbits or similar sized animals:

a)

In the UR zone, a maximum of six small production animals are allowed on a lot 7,200 square feet or larger. A variance may be requested to allow small production animals on a substandard sized lot in the UR zone.

b)

In the AR zone, a minimum of 100 square feet of useable fenced or enclosed area is required for the first small production animal with an additional minimum area of 50 square feet per each additional animal.

5.

The calculation of the number of livestock and production animals allowed shall be cumulative and the aggregate of the total number of animals shall not exceed the densities allowed in this section. For example, a 10,000 square foot lot in the UR zone may allow for six chickens or one goat, but not both.

a)

To offer slight variation to the code, the director may authorize the presence of small production animals in the UR zone that coincides with a ratio of 1 animal: 1,200 square feet of lot space. An administrative permit shall be applied for and approved prior to bringing animals on site.

6.

Swine are prohibited.

7.

No feedlots or similar dense animal-raising facilities or operations are permitted.

8.

Shelters, fenced areas or corrals for animals shall be built 30 feet or more from any property line. Except that, a shelter, fenced area or corral for six or fewer small production animals shall be built 20 feet or more from any property line.

B.

Household pets. Household pets including but not limited to dogs, cats, indoor birds, small rodents, nonvenomous reptiles or amphibians, fish, and potbellied pigs, subject to the following standards and limitations:

1.

Three dogs per residence, regardless of lot size.

2.

Full-size swine are prohibited.

3.

Goats are prohibited except as allowed in [subsection] A.3., above.

4.

Reptiles or amphibians weighing more than ten pounds are prohibited.

5.

A maximum of three household pets may be housed outside the residence in a shelter or fenced area.

C.

Livestock, small production animals and pets are subject to the provisions of DMC chapter 6-8, animal control.

D.

Any person or persons being the owner or having possession or control of any livestock found in violation of section 11-30.100, above, shall be subject to penalties as listed in title 21: code compliance.

(Ord. No. 1841, § 2(Att. B), 11-12-2013; Ord. No. 1886, § 1, 12-7-2015; Ord. No. 1937, § 7, 8-8-2018; Ord. No. 1967, § 7, 10-14-2020)

Editor's note— Ord. No. 1937, § 7, adopted Aug. 8, 2018, changed the title of § 11.03.100 from "Animal densities—Livestock and animal restrictions" to read as herein set out.

11-03.105. - Beekeeping.

A.

The intent of this section is to establish standards for beekeeping in a manner which will not endanger the health, peace, and safety of the citizens of the city and which will assure that bee hives are appropriately placed, maintained and managed.

B.

The keeping of bees for accessory use is permitted in the Urban Residential (UR) and Agricultural Residential (AR) zones, subject to the requirements of subsections B, C, and D of section 11-03.105:

a)

Number of hives allowed:

1.

No more than four production colonies or hives are allowed on properties 7,200 square feet or larger within the UR and AR zones;

2.

Properties less than 7,200 square feet shall be limited to two production colonies or bee hives.

b)

Hive placement requirements:

1.

Hives shall not located within one [foot] of any side or rear lot line and shall be screened by vegetation and/or non-permeable fence at least six feet in height.

c)

Hive, apiary management requirements:

1.

All hives shall be registered with the Department of Agriculture and comply with Chapter 15.60 RCW and rules adopted thereunder;

2.

All hives shall consist of moveable frames and combs, unless exempted by the Department of Agriculture;

3.

Hives shall be managed for swarm prevention and gentleness;

4.

Hives shall be requeened if bee behavior is likely to cause a nuisance;

5.

A consistent source of water shall be provided at the apiary when bees are flying unless the hive occurs naturally. The water may be "sweetened" with mineral salt or chlorine to enhance its attractiveness. This requirement is intended to discourage bee visitation at swimming pools, hose bibs, animal watering sources, bird baths, or where people congregate;

6.

Apiaries shall be managed and kept in a clean and orderly manner and appearance to prevent a nuisance;

7.

Hives shall not be placed where they are a threat to animals who are chained or penned up and cannot flee if they are attached;

8.

Nuisance: bees shall be considered a nuisance and subject to abatement under the provisions of Title 21 when any of the following occurs:

i.

Colonies of bees are defensive or exhibit objectionable behavior, or interfere with the normal use of property, or the enjoyment of persons, animals or property adjacent to an apiary;

ii.

Colonies of bees swarm;

iii.

Hives of bees do not conform with the regulations within this code;

iv.

The hive becomes deceased, as defined by the Department of Agriculture; or,

v.

The hive becomes abandoned by its beekeeper.

(Ord. No. 1967, § 8, 10-14-2020)

11-03.110. - Mobile home parks.

In addition to the requirements that apply to all developments in a zone, the following requirements apply to all mobile home parks and shall be shown on a mobile home park site plan.

A.

Setback from property lines. All mobile homes must be setback at least 20 feet from the mobile home park property line.

B.

Space between mobile homes. No mobile home shall be placed within 20 feet of another mobile home.

C.

Access to mobile homes. All access shall be provided from a central access road to the park. No access shall be permitted from a public right-of-way or public street directly to individual mobile homes. The park access road must be a 20-foot-wide surfaced road.

D.

Pedestrian walkways. Surfaced walkways shall be provided to all service buildings, to all recreation areas and to all other areas designed or reserved for use of the occupants of the park.

E.

Recreation area. Each mobile home park must provide and maintain a recreation area equal to or larger than 2,500 square feet plus 100 square feet per mobile home space.

F.

On-site parking. Each mobile home space is counted as a dwelling unit to determine the amount of off-street parking spaces required.

G.

Utility areas. All areas for dumpsters, garbage cans, utilities and other similar service areas must be screened from view and secured to prevent the entry of children and animals.

H.

Landscaping and screening. The perimeter of the mobile home park shall be landscaped and screened except in access areas such as driveways and sidewalks. The access areas may not occupy more than 30 percent of the perimeter of the park. The required perimeter landscaped area (on all property lines) shall be five feet deep. The required perimeter screening may be either a six-foot-high sight-obscuring fence or a four-foot-high landscaped berm or a hedge that is at least two feet high when planted. The berm or hedge may be within the required perimeter landscaped area. A sight-obscuring fence must be set back behind the required perimeter landscaping (set back five feet from the property line). The landscaped area and berms shall be planted and maintained with trees, shrubs and evergreen ground cover in a manner which covers the required landscaped and berm area within three years from the date the development permit is issued, and the landscaped cover shall be maintained as long as the mobile home park is in use. One tree is required to be planted and maintained in each 50 lineal feet of the perimeter-landscaped area. If the parking area in the park is larger than 2,500 square feet, refer to chapter 11-08 for landscaping requirements in the parking area.

I.

Minimum park size. The minimum required lot area is 30,000 square feet and the minimum required number of fully developed mobile home sites is five.

(Ord. No. 1841, § 2(Att. B), 11-12-2013; Ord. No. 1937, § 8, 8-8-2018)