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Selah City Zoning Code

10.08 General

Zoning District Regulations

Every lot created or modified shall not exceed a maximum four to one (4:1) depth-to-width ratio unless the reviewing official determines, based on evidence provided by the applicant, that a different configuration more appropriately meets the intent of the specific zoning district and the comprehensive plan.

10.08.010 General development standards.

The regulations established in this title within each zoning district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:

(1) No building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations specified in this title for the zoning district in which it is located.

(2) No buildings or structures shall encroach on any easement or right-of-way.

(3) No part of a yard, or other open space, or off-street-parking or loading space required about or in connection with any building for the purpose of complying with this title shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

(4) No yard or lot existing at the time of passage of this title shall be reduced in dimension or area below the minimum requirements set forth in this title. Yards or lots created after the effective date of this title shall meet at least the minimum requirements established by this title.

(5) All structures and uses require connection to public water and sewer systems where available. If public sewer and/or water service is not available to serve a proposed project the proponent shall extend such service, unless the reviewing official and all other appropriate agencies authorize the use of interim systems. When interim systems are authorized, the following may be required:

(A) "Double plumbing" dry line sewers to connect the structure or use's on-site system to a public sewer when it becomes available;

(B) Dry line sewer installation when the city provides construction elevations in sufficient detail to ensure that the dry lines will be able to function;

(C) Installation of an interim community sewer system which shall be managed and/or owned by an approved satellite management agency;

(D) Permanent or interim community water supply system shall be managed and/or owned by an approved satellite management agency;

(6) Uses allowed within a zoning district are specifically those listed as Class 1 permitted, Class 2 administrative or Class 3 conditional uses within Chapter 10.28, Table 10.28A. (Ord. 1634, § 29, 2004.)

10.08.020 Lot depth-to-width requirements.

Every lot created or modified shall not exceed a maximum four to one (4:1) depth-to-width ratio unless the reviewing official determines, based on evidence provided by the applicant, that a different configuration more appropriately meets the intent of the specific zoning district and the comprehensive plan. (Ord. 1634, § 30, 2004.)

10.08.030 Vision clearance at intersections.

All corner lots at street intersections or railroads crossings shall maintain for safety vision purposes a triangular area, one angle of which shall be formed by the lot lines adjacent to the street(s) or railroad right-of-way. The sides of such triangle forming the corner angle shall be twenty feet in length measured along the sides of the aforementioned angle. The third side of the triangle shall be a straight line connecting the last two mentioned points. Within the area comprising the triangle nothing shall be erected, placed, planted or allowed to grow so as to materially impede vision higher than twenty-four inches above the centerline grades of intersecting streets and/or railroads. Landscaping not exceeding the height limits of this section is encouraged within clear view triangles. The reviewing official may consider the landscaped triangle area as part of any landscape requirement if planted and continuously maintained by the property owner(s). (Ord. 1634, § 31, 2004.)

10.08.040 Lot coverage.

Principal and accessory structures shall not occupy or cover a greater percentage of a lot than allowed in Table 8-1:

Chapter 10.08 Table 8-1 Maximum Lot Coverage

Maximum lot coverage for both principal and accessory structures

Zoning district

LDSF

R-1

R-2

R-3

B-1

B-2

M-1

35 percent

35 percent

50 percent

80 percent*

80 percent**

100 percent

100 percent

*Lot coverage includes both principal and accessory structures and parking area. Twenty percent of the total lot area shall be dedicated exclusively to landscaping and greenery.

**Lot coverage includes both principal and accessory structures and parking area. Twenty percent of the total lot area shall be dedicated exclusively to landscaping and greenery; provided, however, where an owner allocates more than the required off-street spaces (an allocation in excess of one additional space) for off-street parking, the required amount of landscaping and greenery may, at the discretion of the administrative official, be reduced by the square footage of the additional off-street parking but the amount of landscaping and greenery shall in no event be less than ten percent of the lot area.

(Ord. 2046, § 2 (Exh. A), 2018; Ord. 1634, § 32, 2004.)

10.08.050 Height of buildings and structures.

Principal and accessory structures shall not exceed the maximum height specified in Table 8-2:

Chapter 10.08 Table 8-2 Maximum Structure Height

Maximum Structure Height by Zoning District

LDSF

R-1

R-2

R-3

B-1

B-2

M-1

35 feet

35 feet

35 feet

Unlimited

Unlimited

Unlimited

Unlimited

(1) The height of buildings is measured in the manner set forth in Title 10, Appendix A, Building Height. The height of other structures not containing a roof is the vertical distance from the base of the structure to its highest point.

(2) Height limitations shall generally not apply to accessory projections such as steeples or spires on places of religious assembly, elevator shaft housings, water towers, or chimneys, except as may be limited by a condition of permit approval, provided the accessory projection is not intended for human occupancy, and that it is removed not less than twenty feet from any adjoining lot line. (Ord. 2046, § 2 (Exh. A), 2018; Ord. 1634, § 33, 2004.)

10.08.060 Height of fences.

In the LDSF, R-1, R-2, or R-3 zoning district, and as an accessory use to a dwelling in any zoning district, fences may be erected and maintained to a height not to exceed six feet in the side or rear yard area, and to a height not to exceed four feet in the front yard area, except on corner lots. On corner lots any fence exceeding four feet in height shall not extend closer to either street than twenty feet from a property line. Fences exceeding the height limitations may be authorized for buffering conflicting land uses, or required site screening, or through the administrative adjustment process of Chapter 10.30. (Ord. 1634, § 34, 2004.)

10.08.070 Front yards on sloping lots.

If the elevation of a lot rises or falls more than four feet in the first twenty feet measured from the front lot line, the following provisions shall apply:

The required depth of the front yard shall be equal to the horizontal distance measured from the front lot line to where the average lot profile line intersects a horizontal line four feet above or below the front lot line, as determined by the building official. (Ord. 1634, § 35, 2004.)

10.08.080 Swimming pool setback and enclosure.

In all zoning districts a three foot setback from the pool to the side and rear property lines shall be maintained and the area around the pool shall be enclosed by a barrier a minimum of forty-eight inches in height. Pedestrian access gates shall be self-closing and have a self-latching device. (Also see: International Building Code 2003 Edition, Appendix 31, Section 3109.4.1). (Ord. 1634, § 36, 2004.)

10.08.090 Setbacks from property lines.

Chapter 10.08, Table 8-3 Principal Structure Setbacks

Required Principal Structure Setbacks from Property Lines

Zoning District

LDSF

R-1

R-2

R-3

B-1

B-2

M-1

Front Yard Setback

20 feet

20 feet

20 feet

15 feet

15 feet

15 feet***

0 feet***

Side Yard Setback* (-)

10% of lot width with a 5 ft. minimum and 8 ft. maximum**

10% of lot width with a 5 ft. minimum and 8 ft. maximum**

10% of lot width with a 5 ft. minimum and 8 ft. maximum**

10% of lot width with a 5 ft. minimum and 8 ft. maximum**

10% of lot width with a 5 ft. minimum and 8 ft. maximum**

0 feet***

0 feet***

Rear Yard Setback(-)

20 feet

20 feet

20 feet

15 feet

0 feet

0 feet***

0 feet***

*Corner lots shall provide a side yard setback equal to the minimum required front yard setback.

**Structures exceeding one story shall provide a minimum side yard setback of eight feet on each side of the structure.

***All lot boundaries abutting a residential zoning district shall be effectively sight-screened by a tight fence or wall or by a combination of fencing and landscaping except as limited by vision triangle requirements.

(-)Attached single-family dwellings are permitted a zero interior lot line setback between the two attached dwellings, and a twenty-foot rear yard setback in the R-2 zoning district.

Chapter 10.08, Table 8-4 Accessory Structure Setbacks

Required Accessory Structure Setbacks from Property Lines

Zoning District

LDSF

R-1

R-2

R-3

B-1

B-2

M-1

Front Yard Setback

20 feet

20 feet

20 feet

15 feet

15 feet

15 feet

0 feet

Side Yard Setback

5 feet

5 feet

5 feet

5 feet

0 feet

0 feet

0 feet

Rear Yard Setback

5 feet*

5 feet*

5 feet*

5 feet*

0 feet

0 feet

0 feet

*Accessory structures may extend to the rear lot line adjacent to any city-owned alley.

(Ord. 2046, § 2 (Exh. A), 2018; Ord. 1634, § 37, 2004.)

10.08.110 Additional setback for industrial zoning districts adjacent to residential zones.

There shall be a setback of fifty feet from the property line on the side abutting or facing a residential (R-1, R-2 or R-3) zoning district.

If the property abuts a public road right-of-way, the width of the right-of-way may be calculated as part of the additional setback. (Ord. 1634, § 38, 2004.)

10.08.120 Additional setback from existing agricultural activities.

To provide a buffer between existing agricultural activities and proposed residential structures the following setbacks are enacted:

(1) Where a residential structure is proposed adjacent to an existing agricultural activity a one hundred foot building setback is required from the adjoining agricultural activity.

If the proposed residential structure is separated from the agricultural activity by a public road right-of-way the width of the right-of-way shall be calculated as part of the setback.

(2) A reduction of the required setback may be granted, subject to Type II review, and the recording a declarative covenant as provided in Section 10.08.130, if an applicant can document any of the following:

(A) Existing Development. The setback adjustment will not adversely affect the adjacent agricultural activity because existing residential structures are already located on immediately adjoining lot(s), and the requested reduction is consistent with those setbacks;

(B) Physical Features:.

(i) The required additional setback would prohibit placement of the residential structure due to topography, flood hazard, steep slope or other natural feature, shape or configuration of the lot; or

(ii) An intervening physical feature, such as a road, river, or stream substantially mitigates the effects of placing a residential structure closer to the agricultural activity. (Ord. 1634, § 39, 2004.)

10.08.130 Declarative covenant required.

Where a proposed residential structure is within one hundred feet of any active agricultural activity a declarative covenant shall be recorded indicating that the land use is situated in close proximity to such use and, therefore, may be subject to noise, dust, smoke, odors, traffic and the application of chemicals resulting from commonly accepted practices associated with nearby agricultural use. Such covenant shall be in a form prescribed by the administrative official. (Ord. 1634, § 40, 2004.)

10.08.140 Manufactured home siting requirements.

The provisions established herein are intended to assure the siting of manufactured homes in mobile/manufactured home parks, manufactured home subdivisions and on individual lots is compatible with surrounding uses and preserves the general character and integrity of the mobile/manufactured park, manufactured home subdivision and/or adjacent residential uses.

(1) New Manufactured Homes. As defined in Title 10, Appendix A, new manufactured homes are allowed to be sited in the same manner as site-built homes, factory-built homes, or homes built to any other state construction or local design standard. New manufactured homes shall:

(A) Be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative;

(B) Comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;

(C) Be thermally equivalent to the state energy code; and

(D) Meet all other requirements for a designated manufactured home as defined in RCW 35.63.160.

(2) Manufactured Homes. In addition to the specific regulations set forth in the LDSF use district the following regulations shall apply to the placement of manufactured homes not defined by this title as new manufactured homes, in manufactured home subdivisions or on individual lots in the LDSF zoning district. All such manufactured homes shall:

(A) Have permanent steps or inclined planes affixed to all entrances;

(B) Maintain a minimum eighteen-inch crawl space under the entire unit;

(C) Either be set upon a permanent foundation as required by subsection (1)(A) of this section or have permanent skirting or side walls installed to enclose all areas between the lower edge of the outside walls and the ground;

(D) Be placed and anchored per the manufacturer's installation instructions or per the design of a professional engineer or architect licensed in Washington (WAC 296-150M-610(1)(C)), except in flood prone areas placement and anchoring shall be in accordance with the provisions of Chapter 11.19, Appendix A;

(E) Have the tow tongue and axles removed;

(F) Roof Slope. Roof slope shall be not less than a two-foot rise for each twelve feet of horizontal run;

(G) Roofing Materials. Roofing materials shall be compatible in appearance with surrounding site-built homes, and consistent with fire safety standards;

(H) Siding Materials. Siding materials shall be wood, masonite, or other material compatible with surrounding site-built homes;

(I) Pit Set. If not set upon a permanent foundation in accordance with subsection (1)(A)of this section, manufactured homes shall be "pit set," with the bottom of the floor joist or frame no more than twelve inches above finished grade, except as necessary to accommodate terrain. The pit shall be of sufficient depth to accommodate an eighteen-inch clearance below the frame of the unit with crawl space access located near utility connections. (Ord. 2018, § 2, 2017; Ord. 1634, § 41, 2004.)

10.08.150 Exterior lighting.

Exterior lighting for all uses and signs shall be directed downward and otherwise arranged, shaded, screened, shielded, or of a design that results in the light being directed onto the site and of an intensity or brightness that does not reflect or cause glare into any adjacent or nearby residential use or interfere with the safe operation of motor vehicles. (Ord. 1634, § 42, 2004.)

10.08.160 Buffering requirements for commercial and industrial uses.

Any commercial or industrial use, including any outdoor storage area, which abuts property zoned for residential purposes shall provide either:

(1) A maintained landscape planting or screening at least ten feet in width between such use and the adjacent residential zoning district. Within the landscaped area shall be placed lawn, ground cover, trees, hedges, evergreens, shrubbery or other suitable plantings; or

(2) A six foot high wall or slatted fence obscuring visibility a minimum of ninety percent. This option is not available if any proposed wall would be located within a public utility easement.

The purpose of the landscaped planting or wall is to protect the character of the adjacent residential zoning district and to minimize impacts on adjacent residential uses.

A buffering plan shall be submitted and reviewed as part of the Class 1, II or III application. (Ord. 1634, § 43, 2004.)

10.08.170 Screening of refuse dumpsters.

All dumpsters shall be screened from view from any public right-of-way according to the following provisions:

(1) One side of the dumpster shall remain accessible for refuse removal and shall be screened by a solid gate with a minimum height of five feet. The gate shall be maintained in good working order and shall remain closed except when refuse pick-up occurs.

(2) Any side of a dumpster that is not used for access and is visible from a public right-of-way shall be screened from view by a solid wall with a minimum height of six feet. The wall shall be architecturally compatible with other buildings and structures on the site.

(3) Alternative screening methods may be permitted with the approval of the administrative official. (Ord. 1634, § 44, 2004.)

10.08.180 Yard/garage sales.

Yard or garage sales are permitted as an accessory use to a dwelling provided all of the following provisions are met:

(a) Is a temporary sales event for the sale of surplus or unwanted items;

(b) The sales event does not exceed three consecutive days in duration;

(c) Only two yard sales events are permitted per parcel, lot or dwelling per calendar year;

(d) The sales event shall be supervised and be the responsibility of the property owner or dwelling unit tenant. (Ord. 1634, § 45, 2004.)

10.08.190 Transportation concurrency review.

(a) Purpose. This section sets forth specific standards providing for compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between Selah and countywide planning policies under the GMA. The GMA requires that the city of Selah "must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development." (RCW 36.70A.070).

(b) Exemptions. The following shall be exempt from the provisions of this chapter:

(1) Development permits issued prior to the effective date of the ordinance codified in this chapter provided the permit or permits have not expired;

(2) De minimis development, herein defined as any proposed development generating less than ninety vehicular trips per day;

(3) Public libraries, parks, and recreational facilities;

(4) Publicly funded educational facilities;

(5) Construction of public transportation facilities;

(6) Highways of statewide significance, as designated by the Washington State Department of Transportation; and

(7) Road or street projects undertaken by the city.

(c) Level of Service Standards. For the purpose of this section, level of service (LOS) for transportation facilities shall be D for principal arterials and C for minor arterials, collectors and local access roads, as set forth within the transportation element of the city of Selah Comprehensive Plan and are hereby adopted by reference.

(d) Review Process. The city shall utilize the following procedures for evaluating all projects or development activities for concurrency, unless the applicant is otherwise notified in writing:

(1) Certificate of Concurrency.

(A) The public works director or designee shall complete a transportation concurrency evaluation at the time a development permit is applied for or during the course of permit review. The review shall conclude with a determination that the proposed project meets the level of service standards whereby a certificate of concurrency shall be issued and attached or incorporated to the development permit approval. When a project is determined to have not met level of service standards, the certificate of concurrency shall be conditioned in a manner that satisfies the requirements of this chapter, or the project shall not be approved.

(B) The applicant shall provide the city with all information necessary to complete the concurrency evaluation on the proposed development. It shall be the responsibility of the applicant to provide studies, surveys, traffic counts, engineering review or any other items determined to be necessary for an accurate concurrency evaluation.

(C) A certificate of concurrency shall be accorded the same terms and conditions as those for the underlying development permit. If a development permit timeline is extended the certificate shall also be extended for the same time duration. A certificate of concurrency shall be valid only for the development permit approved for the same parcel and may be transferable to any new owner(s) of the parcel to which it was issued.

(2) Traffic Impact Calculations.

(A) Trip Generation. Traffic calculations shall be based on the trip generation average described within the latest available edition of the Institute of Transportation Engineers (ITE) trip generation manual for the particular type and extent of the development being proposed.

(B) Concurrency Test. The projected number of trips generated by a proposed development shall be subtracted from existing or new transportation capacity of the impacted transportation facility. If projected demand is less than available capacity, the project is not adverse to level of service standards and shall be issued a certificate of concurrency.

(e) Transportation Concurrency Mitigation Methods. The city shall use the following procedures and criteria to review and approve the adequacy of mitigation methods unless the applicant is otherwise notified in writing:

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation facility, the applicant may choose among the following actions:

(A) Reduce the size of the project until levels of service standards are met;

(B) Enter into a legally binding development agreement with the city whereby all required improvements will be constructed and completed within six years of the development approval date which also ensures that the financing is available to pay for the improvements at time of building permit approval;

(C) Be subject to a development approval conditioned that the required improvements be completed prior to the issuance of building permits, final plat or site plan approvals associated with the development;

(D) Propose transportation demand management strategies to reduce vehicle trips generated by the project development;

(E) At the city's discretion, await the city's completion of mitigating improvements if such improvements are underway or planned as part of the city's six-year transportation improvement plan; or

(F) Any combination of the above.

(2) Acceptable impact mitigation requires a finding of the following:

(A) The mitigation contributes to transportation facility performance and established level of service standards;

(B) The mitigation is consistent with the comprehensive plan;

(C) Any improvements to an intersection or roadway do not shift traffic to residential areas or to other intersections where there is no mitigation being proposed;

(D) Any adverse environmental impacts of the facility improvements may be reasonably minimized or eliminated; and

(E) The improvements are consistent with established engineering standards. (Ord. 2018, § 2, 2017.)