It is the city's intent that residential neighborhoods be developed and preserved against intrusions by incongruous land uses. These zone classifications are established in order to permit a variety of housing and population densities with minimum conflict. Protection is provided against hazards, objectionable influences, traffic and building congestion, undue strain on municipal services, and lack of light, air and privacy. Certain essential and compatible public service facilities and institutions are permitted in these districts.

The standards set forth herein are designed to comply with and implement the city comprehensive plan. This chapter provides standards for residential land use and development and is based on the following principles:

A.

Promote the orderly expansion and improvement of neighborhoods;

B.

Make efficient use of land and public services;

C.

Designate land for the range of housing types and densities needed by the community, including owner-occupied and rental housing;

D.

Provide flexible lot standards that encourage compatibility between land uses and environmental constraints, efficiency in site design, and environmental compatibility;

E.

Provide for building and site design at an appropriate neighborhood scale, provide standards that are in character with the landforms and architecture existing in the community;

F.

Apply the minimum amount of regulation necessary to ensure compatibility with existing residences, schools, parks, transportation facilities, and neighborhood services;

G.

Reduce reliance on the automobile for neighborhood travel and provide options for walking, bicycling, and transit use; and

H.

Provide direct and convenient access to schools, parks and neighborhood services.

(Code 2020, § 17.18.010; Ord. No. 1227, § 2, 9-17-2008; Ord. No. 1408, § 1, 8-16-2018)

There are three residential zoning districts established for the city, plus two floating residential zones. The principal zones are R-1 single-family or low density residential; R-2 medium density residential; and R-3 multiple-family or high density residential. The R-3 high density residential zone is created in order to reduce possible use conflicts resulting from different housing types. The two floating zones titled "large-lot" and "small-lot" are not placed in any one specific location. A floating zone use is applicable anywhere within a designated principal zone; however, the proposed use must comply with the main objective of the underlying principal zone and applicable floating zone standards. Floating zone standards are addressed in separate chapters and supersede any contradictory standards contained in this chapter. Zoning districts are as set forth on the official zoning map of the city.

(Code 2020, § 17.18.020; Ord. No. 1227, § 3, 9-17-2008; Ord. No. 1408, § 1, 8-16-2018)

Table 17.60.020 includes a list of allowed uses by zone. "P" means permitted outright, "C" means a conditional use permit is required, and "X" means prohibited. If a particular use is not listed and is not deemed substantially similar to another listed use by the city, then the use is not permitted. Note that more specific development standards may apply to various uses as set forth in this chapter and this title.

(Code 2020, § 17.18.030; Ord. No. 1227, § 2, 9-17-2008; Ord. No. 1240, § 3, 6-17-2009; Ord. No. 1408, § 1, 8-16-2018)

Townhouse development shall adhere to the following standards:

A.

Each townhouse shall be located on its own legal lot of record that has been created through a land division process.

B.

No more than four townhouses shall be consecutively attached in the R-2 zone. No more than eight townhouses shall be allowed in a single building/group in the R-3 zone. Townhouse groupings shall be separated by not less than 15 feet, inclusive of setback areas.

C.

Townhouse development shall be designed so that garage doors do not dominate the ground level street-facing façade and do not project beyond the front plane of the residence. This can be accomplished by incorporating alley access into site design and locating garage and parking areas to the rear or by including design elements such as front porches. In no case shall the garage doors comprise more than 50 percent of the street-facing façade of a townhouse or extend beyond the front building line.

D.

Townhouses with street-facing garages may have one driveway access located between the street and the primary building entrance for every two dwelling units, provided they meet the following criteria:

1.

Where two abutting townhouses have street-facing garages, they shall share one driveway access that does not exceed 16 feet in width where it crosses the sidewalk and intersects the street;

2.

All primary building entrances shall be connected to a driveway and sidewalk by a pedestrian walkway that is not less than three feet wide; and

3.

The maximum allowable number of consecutively attached townhouses with garages facing the same street is six (three shared driveways).

E.

Building façade modulation or appropriate architectural treatment shall occur at least every 30 feet along the length of façades facing adjacent properties or a public street. Minimum modulation depth shall be three feet. The use of covered front porches, end wall windows, building offsets/modulation, dormers and other design techniques shall be included in the design, although there is not a specific architectural requirement.

F.

Additional conditions for townhouse developments including provisions for landscaping, recreation and open space, stormwater management, street and infrastructure improvements and other topic, may be required by the city as part of the platting process pursuant to title 16 in accordance with applicable rules.

(Code 2020, § 17.18.050; Ord. No. 1227, § 2, 9-17-2008; Ord. No. 1408, § 1, 8-16-2018)

In addition to the standards required through site plan review or other chapters of this title, the following provisions shall apply to multifamily development consisting of more than four units in a single structure:

A.

Building location and orientation. Multifamily development shall be constructed consistent with the following requirements:

1.

Parking lots shall be located to the side and/or behind buildings and shall not dominate the front-yard area. A five-foot landscaped buffer shall rim the perimeter of the parking lot and planting islands shall be included for lots with more than 20 spaces. In addition to uses specified in section 17.18.070L.1, multifamily development may request deviation from this standard through a conditional use permit, utilizing the process and procedures set forth in section 17.18.070I.1.

2.

Units adjacent to public or private streets shall have the primary building entrances located on the façade facing the street. A minimum of 40 percent of front (i.e., street-facing) elevations and a minimum of 25 percent of side and rear building elevations shall meet this standard. Percent of elevation is measured as the horizontal plane (linear feet) containing doors, porches, balconies, terraces and/or windows. The standard applies to each full and partial building story.

B.

Pedestrian access and circulation. Pedestrian access routes shall be provided from the public street to all primary building entrances in the form of a continuous pathway of at least five feet in width.

C.

Building modulation. Building modulation shall be varied to break up the overall bulk and mass of buildings, avoid a monolithic presence, and provide visual interest. Building façade modulation or appropriate architectural treatment shall occur at least every 25 feet along the length of façades facing adjacent properties or public street. Minimum modulation depth shall be two feet.

D.

Roofline variation. Rooflines shall be varied to break up the overall bulk and mass of multifamily buildings. Roofline variation shall be accomplished by using one or more of the following methods: vertical or horizontal off-set ridge line, variations in roof pitch, or other technique shown to break up the overall bulk and mass of the building.

E.

Building variation. Developments with multiple structures shall use appropriate architectural variations and use of colors to differentiate buildings within the development.

F.

Large multifamily complexes that have more than 25 units shall include an open space and recreational component into the site design, which comprises at least 15 percent of the gross site area. This requirement can be accomplished through the use of landscaping, play areas and common open space, but may not include any required yard/setback areas.

(Code 2020, § 17.18.060; Ord. No. 1227, § 2, 9-17-2008; Ord. No. 1408, § 1, 8-16-2018)

A.

Access to streets. Every use of land other than for agricultural purposes, and every building or structure other than an accessory building or structure, shall be established only on a lot which abuts a dedicated public street and shall be provided with direct access to a dedicated public street. Every single-family dwelling within the residential zones shall front upon a street dedicated for public use and accepted by the city council as a public street without any other building on the same lot intervening between such dwelling and the street upon which it fronts.

B.

Yards. Supplementary yard standards are as follows:

1.

No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this title or amendments thereto, shall be considered as providing a required yard or open space or portion thereof, for any other building or structure.

2.

In any residential use district, if more than 50 percent of the lots in a block fronting on one side of the street developed with existing buildings, other than accessory buildings, have front yards less than are required for the district, a new dwelling on an interior lot may be provided with a front yard which is the average of the depths of the front yards of the buildings on the lots adjoining on either side of said interior lots; provided such a front yard shall not be less than 15 feet, except as otherwise specifically authorized by this chapter.

3.

Front yard. Porches, platforms, or terraces, which are open on three sides and the floors of which are not higher than the first floor or the building, may extend into the required front yard setback not more than six feet; steps may connect such porches, platforms or terraces to the surface of the front yard.

4.

Side yard. Roofs, eaves, cornices, belt courses and similar ornamentations may extend over a required side yard setback for a distance of not more than two feet.

5.

Rear yard. Eaves, cornices, steps, platforms, terraces, and porches which are open on three sides may extend into a required rear yard setback not more than ten feet.

C.

Accessory buildings. Accessory buildings shall meet the following standards:

1.

Accessory buildings or detached garages may be located five feet from a side property line when located at least eight feet from the main dwelling, provided that on a corner lot the side yard adjoining the street shall not be less than ten feet in width.

2.

If access to a private garage is via a public alley the garage shall be set back a minimum of five feet from the rear lot line.

3.

Total area of accessory buildings located in a rear yard shall not exceed 25 percent of the area of said rear yard.

D.

Through lots. Each street frontage of a through lot shall meet the front yard requirements of the use district in which it is located.

E.

Junk. In no use district shall there be a collection of junk, scrap, unlicensed cars or parts of cars, abandoned equipment, except where specific provisions are made concerning such items in a specific use district.

F.

Fences. The following standards shall apply to residential fencing. In no case shall fences obstruct vision clearance as required by the road standards adopted in the current adopted version of the Development Guidelines and Public Works Standards.

1.

Fencing standards generally.

a.

Fencing shall not create a public safety hazard.

b.

Fencing shall not be electrified.

c.

Barbed wire, chicken wire, razor wire, dannert, or concertina fencing materials are prohibited.

2.

For lots having less than 22,500 square feet, fences shall not exceed a height of six feet along side and rear yards up to the front yard setback as applicable in the underlying zone. Fences within the front yard setback shall not exceed three feet, except for non-sight obscuring fences are allowed up to five feet.

3.

For lots having 22,500 square feet up to three acres, fences shall not exceed a height of six feet along side and rear yards up to the front yard setback as applicable in the underlying zone. Fences within the front yard setback shall not exceed three feet, except that a fence constructed of a non-sight obscuring material (i.e., chain link fencing without sight obscuring slats) are allowed within the front yard setback as applicable in the underlying zone.

4.

For lots three acres and above, fences shall not exceed six feet in height along all yard areas.

5.

For corner lots, the rear yard fencing shall not exceed six feet, even if it is within the adjoining lot front yard setback. Side yard fencing shall be limited to six feet up to the front yard setback. Fencing along the front yard setback shall be limited as stated in subsection F.2 through 4 of this section.

6.

For flag lots, fences shall not exceed six feet in front, side, and rear yards. Along the flagpole, fencing shall not exceed three feet in height adjacent to the front lot setback of the adjoining lots.

7.

Exceptions to the above fencing standards.

a.

Where a greater height is needed to be sight-obscuring as required elsewhere by this title.

b.

Any height and material, except those specifically prohibited in subsection F.1.b and c of this section, is permitted where necessary for safety or security in conjunction with playgrounds, public utilities, and to protect the public from similar hazards to public safety.

G.

Lighting. Artificial lighting on any lot, building, structure, or parking area shall be oriented away from adjacent residential properties. Outdoor lighting fixtures in excess of 60 watts shall be shielded, hooded and oriented towards the ground. No lighting can blink, flash or be of unusually high intensity or brightness. The following lighting is exempt from these standards: seasonal decorative lighting, lighting at public athletic fields, lighting at approved temporary special events and emergency lighting. Street lighting shall meet the standards set forth in the public works standards.

H.

Public utilities. Public utility buildings, telephone exchanges, sewage pumping stations, electrical distribution substations, reservoirs, service lines and similar utility facilities necessary for the operation of utilities by and within the city, shall comply with the following requirements:

1.

If the installation is housed in a building, the building shall generally conform to surrounding buildings or the type of buildings that are likely to develop in the use district, provided that concrete, concrete-block and masonry structures are considered compatible with residential dwellings. Structures less than four feet tall and/or with a footprint less than 100 square feet shall be exempt for this requirement.

2.

Above-ground facilities, other than towers and reservoirs, or housed installations that, because of particular requirements, cannot be economically made to conform to the architectural requirements of subsection A of this section, shall be surrounded by site-obscuring landscaping and/or fencing.

3.

An un-housed installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed by a security fence at least eight feet in height.

4.

All buildings, installations and fences shall observe the yard requirements for buildings in the district in which they are located when possible as determined by the director, but may be sited within setback areas.

5.

Reservoirs, towers and other irregular large shaped structures shall be located and designed so as to minimize their impacts to the surrounding uses as much as possible.

I.

Institutional and nonresidential development standards. In order to address impacts and compatibility issues between residential and nonresidential development, nonresidential uses and institutional uses not addressed elsewhere in this chapter shall comply with the following provisions:

1.

The multifamily design standards set forth in section 17.18.060 shall apply to new institutional and nonresidential buildings. For uses requiring a conditional use permit, the hearings examiner shall have the authority to relax the requirements of section 17.18.060A and C, where it can be demonstrated that strict adherence to this section is impractical for one or more of the following reasons:

a.

Site topography;

b.

The standard conflicts with functional needs unique to the proposed institutional or nonresidential use; and/or

c.

Strict adherence would create or increase potential conflicts between residential and nonresidential land uses.

2.

For the purposes of this subsection, institutional and nonresidential development shall include hospitals, medical clinics congregate/elder care facilities, churches, community centers, fraternal lodges, schools and similar nonresidential/institutional uses.

3.

Those uses that require a conditional use permit are also required to meet all applicable criteria set forth in chapter 16.07 KMC.

J.

Building height measurement. The height of a building shall be determined per the definition set forth in chapter 17.08 KMC.

K.

Home occupations, cottage industries, and other similar operations similar in nature may be operated as an accessory use to a dwelling unit. Home occupations and cottage industries shall not be permitted without a business license having first been issued in accordance with title 5. All home occupations and cottage industries shall comply with all applicable ordinances of the city, and shall be consistent with the following provisions:

1.

Home occupations and cottage industries (whether located in the principal residence or accessory buildings) are restricted to not more than shall not exceed 30 percent of the primary dwelling's usable floor area of the dwelling in which they are located. The principal use of the dwelling must shall remain residential;

2.

A detached accessory building may be used for home occupations, provided that the total area devoted to the home occupation cannot exceed 30 percent of the useable floor area of the principal dwelling unit. Further, the total area devoted to a home occupation use in either the principal dwelling unit or an accessory building (or a combination thereof) shall not exceed 30 percent of the useable floor area of the principal residence. No more than 500 square feet of an accessory structure may be utilized for a home occupation or cottage industry;

3.

Only persons residing in the dwelling may be engaged in the home occupation. The owner of a cottage industry shall reside in the dwelling but may employ up to three outside employees;

4.

The conduct of any home occupation or cottage industry, including, but not limited to, the storage of goods and equipment, shall not reduce or render unusable required off-street parking;

5.

On-site retail sale of goods not produced, processed, or fabricated on the premises is prohibited, unless the sale of items is incidental to a permitted home occupation (e.g., a barbershop that sells hair care products, etc.). No goods or merchandise shall be displayed such that they are visible from public rights-of-way or adjacent properties;

6.

Home occupations or cottage industries shall not be permitted where it involves the construction of features and exterior modifications not customarily found in a dwelling and residential neighborhood as determined by the city;

7.

No stock in trade or merchandise is to be kept on the premises other than inventory and incidental supplies which are necessary for the conduct of the home occupation or cottage industry. Outdoor storage that is visible from a public right-of-way or adjacent properties, that exceeds what is customary for a residence, is prohibited for the business shall be screened from adjacent properties and streets. The required screening may consist of any combination of earth mounds, berms, ground forms, fences, landscaping (plant materials), or landscaped fixtures (such as timbers);

8.

No noise, dust, odors, noxious fumes or vibrations resulting from a home occupation or cottage industry shall exceed that which is normally produced in a single-family dwelling. Mechanical or electronic equipment incidental to the conduct of a home occupation or cottage industry may be used, provided such use does not create visible or audible interference in radio, television or telecommunication receivers or transmitters, or cause fluctuations in line voltage off the premises. Home occupations and cottage industries shall not interfere with the delivery of utilities or other services to the area; and

9.

One sign is permitted to advertise the home occupation or cottage industry however, such sign shall be no larger than two square feet in area, nonilluminated, and must shall be attached to the dwelling. A sign permit must shall be obtained from the city.

L.

Construction standards for manufactured homes. Manufactured homes may be sited in any land use zone where single-family homes are permitted and shall:

1.

Have the foundation and anchoring per the manufacturer's specifications and be placed on a permanent foundation, unless otherwise authorized within manufactured home parks;

2.

Have skirting of concrete, brick, tile, or stone masonry units installed per the International Building Code (IBC);

3.

Have steps that are permanent; and

4.

Used manufactured homes must comply with all applicable ordinances.

M.

Off-street parking. Off-street parking shall be provided in accordance with the requirements of chapter 17.44 KMC.

(Code 2020, § 17.18.070; Ord. No. 1227, § 2, 9-17-2008; Ord. No. 1343, § 5, 10-15-2014; Ord. No. 1408, § 1, 8-16-2018; Ord. No. 1499, § 1(exh. A), 6-1-2023; Ord. No. 1511, §§ 2, 5, 3-21-2024)