Nooksack City Zoning Code

19.40 Residential

District

Prior legislation: Ord. 237.

The purpose of the residential district is to provide for residential neighborhoods and environs of single-family dwellings and mobile home parks which will provide for a choice of lifestyles and ensure development that is harmonious with the natural environment and surrounding uses.

19.40.010 Residential District – Established.

There is hereby established a residential district and the standards and regulations by which certain uses may be permitted therein. [Ord. 195 §30, 1980.]

19.40.020 Residential District – Purpose.

19.40.030 Residential District – Permitted Uses.

The uses permitted within the Residential District are as follows:

A. Single-Family Dwellings, including site-built, manufactured and modular homes, limited to one single-family dwelling per lot of record.

B. Low Impact businesses that are licensed by the City of Nooksack pursuant to all applicable business license ordinances and/or statutes.

1. Definition. A Low Impact Business is defined as follows:

a. No exterior signage of any nature whatsoever;

b. Vehicle traffic limited to no more than one vehicle per hour, parked legally on the property or on the City right-of-way abutting the property;

c. No hazardous wastes and no refuse beyond that which would normally be generated by a residence;

d. No exposed materials or equipment stored on the property, provided, however, that one vehicle used in the Low Impact Business may be parked on the premises; and

e. The business must have no visual or auditory impact on the community.

a. Any adjoining property owner and/or resident in the vicinity of the Low Impact Business may file a written complaint alleging violations of this ordinance with the City Clerk in any form they deem appropriate, provided, however, that the complaint shall not exceed one typewritten page. Upon receipt, the City Clerk shall send a copy of the complaint to the business. The business owner/operator shall have two (2) business days to respond, in writing, to the City Clerk. The complaint and response shall be reviewed by the Mayor within two (2) business days of receipt of the response. The business owner/operation, at their option and in lieu of review by the Mayor, may stipulate that the violation(s) has occurred and provide proof to the Mayor that the violation(s) has been corrected. Should the business owner/operator provide satisfactory proof to the Mayor that the violation(s) has been corrected, then further review will not be necessary and the business will be allowed to continue to operate.

b. Should the Mayor determine that the violation(s) has occurred, the City shall have the following options:

i. Provide written notice to the business that its license is revoked and that the business shall cease to operate; or,

ii. Provide the business a reasonable period of time (not to exceed seven (7) days) to remedy the violation(s). If remedied to the Mayor's satisfaction, the business may remain in operation.

iii. The Mayor's decision may be appealed to the City Council. The appeal must be in writing and must be filed within fourteen (14) days of the date of the Mayor's decision.

c. Any Low Impact Business receiving two confirmed violations shall not be eligible for a Low Impact Business license.

d. The remedies provided herein are in addition to any and all remedies provided by the Nooksack Municipal Code. [Ord. 685 §9, 2016; Ord. 532 §1, 2001; Ord. 513 §3, 2000; Ord. 455 §1, 1997; Ord. 320 §1, 1989; Ord. 195 §32, 1980.]

19.40.035 Residential District – Accessory Uses.

Accessory uses permitted in the Residential District are as follows:

A. Private garage or carport.

B. Outdoor patios and fireplaces.

C. Satellite dish or antennas.

D. Tool sheds and storage buildings, provided such structures obtain building permit approval where such approval is required by the City Building Code.

E. Shipping containers and mobile storage units where consistent with the following:

1. Shipping containers no larger than eight feet (8') by thirty feet (30') are allowed during construction authorized pursuant to an active City building permit; provided such containers must be removed within thirty (30) days of completion of construction or final occupancy, whichever is sooner.

2. Shipping containers no larger than eight feet (8') by thirty feet (30') are also allowed for a period of not more than thirty (30) days during a six (6) month period to facilitate the moving in or moving out of a residence.

3. Shipping containers no larger than eight feet (8') by twenty feet (20') are allowed; provided such containers are located within the rear yard, are fully screened from public streets, are limited to a maximum of two (2) containers per parcel, and are not stacked. Any such screening shall be reviewed and approved by the Public Works Director, and the shipping container shall be removed from the site within thirty (30) days if such screening is found to be inadequate.

4. Shipping containers or mobile storage units in place prior to the effective date of the ordinance codified in this section shall be considered pre-existing, nonconforming uses. If any such container is moved on the site or moved to a new site within the City, thereafter said container shall no longer be considered a pre-existing, nonconforming use and any placement and/or use of said container shall be consistent with this section. [Ord. 701 §1, 2017; Ord. 641 §1, 2010.]

19.40.040 Residential District – Conditional Uses.

The following conditional uses may be permitted within the Residential District by the City Council upon application and in accordance with Chapter 19.56:

A. Barber and beauty shops under six hundred (600) square feet;

B. Dance, music and voice studios under seven hundred fifty (750) square feet;

C. Florist shops, nurseries under one thousand (1,000) square feet;

D. Photographic studio under five hundred (500) square feet;

E. Public utility yards;

F. Manufactured home subdivisions consistent with Chapter 18.32;

G. Duplex and Multiple (three or more) family housing;

H. Daycare facilities, adult daycare and adult family homes;

I. Accessory dwelling unit, attached to a single-family dwelling, situated on a lot of record containing a minimum of 9,600 square feet of lot area, having exterior materials and appearance substantially matching the primary dwelling, and subject to all other City requirements, including but not limited to off-street parking requirements and utility connection charges.

J. Uses not specifically called out in NMC 19.40.030 or 19.40.040 that are similar in character, size and impact and that are consistent with the purpose of the district. [Ord. 685 §10, 2016; Ord. 574 §2, 2003; Ord. 513 §3, 2000; Ord. 320 §2, 1989; Ord. 228 §1, 1982; Ord. 220 §1, 1982; Ord. 195 §33, 1980.]

19.40.050 Residential District – Lot and Setback Requirements.

The following minimum size requirements shall be applicable to permitted uses within the Residential District:

A. Minimum Lot Size. The minimum lot sizes in the Residential District and the Residential-8000 sub-district shall be as follows:

	Residential District	Residential-8600 Sub-District
1. Single family dwellings (site-built and manufactured homes):	9,600 square feet.	8,600 square feet.
2. Duplexes and Multiple Family Dwellings:	14,400 square feet for duplexes, plus 4,800 square feet for each dwelling unit over two.	12,900 square feet for duplexes, plus 4,300 square feet for each dwelling unit over two.
3. Manufactured homes within a manufactured home subdivision established pursuant to Chapter 18.32:	8,500 square feet.	8,500 square feet.

1. Front: Twenty feet (20'); twenty-five feet (25') if on an arterial street.

2. Rear: Ten feet (10').

3. Side: Seven and one-half feet (7-1/2') to foundation line or wall.

4. Corner lots: The side yard setback on corner lots shall be increased to 12-1/2 feet to foundation line or wall on the side adjacent to the street.

C. Placement Setback. Multiple (2 or more) family structures shall only be approved at locations and intensities that will maintain the character of single-family residential neighborhoods, and no multiple-family structure containing 3 or more units shall be placed within five hundred feet (500') of any other such multiple-family structure. [Ord. 688 §1, 2016; Ord. 676 §3, 2015; Ord. 574 §3, 2003; Ord. 398 §1, 1994; Ord. 394 §1, 1994; Ord. 320 §3, 1989; Ord. 195 §34, 1980.]

19.40.060 Residential District – Building Height Restrictions.

The maximum building heights in the residential district are as follows:

A. Flat Roof: twenty-five feet (25'); and

B. Pitched Roof: Thirty feet (30'). [Ord. 195 §35, 1980.]

19.40.070 Residential District – Off-Street Parking and Traffic Requirements.

A. Off-Street Parking Spaces. Residential uses shall provide not less than two (2) off-street parking spaces per dwelling, plus such additional spaces as may be required in Chapter 19.44.

B. Parking Lot Design. Design of parking lots providing ten (10) or more spaces shall conform to the design standards of Chapter 19.44.

C. Screening. Parking lots providing twenty (20) or more spaces shall comply with the screening requirements of Chapter 19.44.

D. Turnarounds. Residential uses whose front lot line abuts an arterial street shall provide approved on-site turnarounds. [Ord. 195 §36, 1980.]

19.40.080 Residential District – Street and Sidewalk Requirements.

The City Council may require the installation or repair of sidewalks, in accordance with City standards, prior to issuance of any building permit. [Ord. 195 §37, 1980.]

19.40.090 Residential District – Manufactured Homes – Permitted Structures.

Only those manufactured homes meeting the definition of Manufactured Home Class A, defined in section in 18.32.180 are allowed within the City of Nooksack. [Ord. 587 §2, 2005; Ord. 574 §4, 2003; Ord. 418 §1, 1995; Ord. 195 §38, 1980.]

19.40.100 Residential District – Fences.

Fences located within the front yard of a corner lot shall be no greater than three and one-half feet (3-1/2') in height. [Ord. 195 §39, 1980.]

19.40.110 Residential District – Dwellings Occupied by Handicapped Individuals or Groups.

Residential dwellings occupied by handicapped individuals or groups shall be regulated in the same manner as dwellings occupied by families, unrelated groups and nonhandicapped individuals. [Ord. 685 §11, 2016.]