An accessory dwelling unit (ADU) is a smaller, subordinate dwelling unit on a lot with, or in, an existing or new single-family residence. These units are intended to provide for a greater range of choices of housing types in single-family and multi-family residential districts. Accessory dwelling units are intended to:

(1)

Provide for a range of choices of housing in the city;

(2)

Provide additional dwelling units, thereby increasing densities with minimal cost and disruption to existing neighborhoods;

(3)

Allow individuals and smaller households to retain large houses as residences; and

(4)

Enhance options for families by providing opportunities for older or younger relatives to live in proximity while maintaining a degree of privacy.

(Ord. No. 2022-04, § 1, 10-13-2022)

Accessory dwelling units on residential lots. A single-family residence with an accessory dwelling unit is different from a duplex because the intensity of use is less due to the limitations of size and number of bedrooms, and it has the appearance of a single-family structure. An accessory dwelling unit that meets the requirements of this section may be allowed in the R-1, R-2, and R-3, zones or on any commercial lot developed with an existing single-family dwelling, except as noted herein.

(Ord. No. 2022-04, § 1, 10-13-2022)

(a)

No more than one accessory dwelling unit per legal lot is permitted and it must be accessory to a single-family residence. A lot of record lawfully occupied by two or more single-family residences shall not be permitted to have an accessory dwelling unit.

(b)

No accessory dwelling unit shall be permitted on a lot of less than 5,000 square feet.

(c)

Reserved.

(d)

An accessory dwelling unit may be created through:

(1)

Internal conversion within an existing dwelling;

(2)

The addition of new square footage to the existing house or to a garage and any addition thereto is located at least 40 feet back from the front property line;

(3)

Conversion of an existing garage if the garage is set back at least 40 feet from the front property line;

(4)

Inclusion in the development plans for, or as part of, the construction of a new single-family detached dwelling unit; or

(5)

A separate detached dwelling unit on the same lot as the primary dwelling unit when the accessory unit is located at least ten feet behind the most distant back or side wall or other structural element of the primary dwelling unit structure.

(6)

Mobile homes are not considered an accessory dwelling unit for the purposes of this section.

(e)

An accessory dwelling unit shall conform to existing zoning requirements for the primary residence, including, but not limited to lot coverage, front, side and rear setbacks, and occupation.

(f)

Building height is limited to 25 feet for a detached accessory dwelling unit. Building height requirements of the underlying zone do apply to the accessory dwelling unit for internal conversion or structural addition to the existing primary dwelling.

(g)

Reserved.

(h)

For purposes of this section, an accessory structure which contains an accessory dwelling unit may not cover more than ten percent of the total site area.

(i)

The total gross floor area of an accessory dwelling unit shall not exceed 850 square feet for a detached ADU, or 40 percent of the area of the primary dwelling's living area for an internal ADU. The living area of the primary unit excludes uninhabitable floor area and garage or other outbuilding square footage whether attached or detached.

(j)

An accessory dwelling unit shall not contain more than two bedrooms.

(k)

Parking. No minimum on-site parking spaces are required for an accessory dwelling unit in areas with on-street parking available. One parking space is required for the ADU if on-street parking is not available. On-street parking is defined as parking spaces legally available for parking of vehicles. Posted time- or day-restricted parking spaces are not considered as available for purposes of this section.

(l)

Reserved.

(m)

The exterior appearance of an addition or new detached accessory dwelling unit shall be architecturally compatible with the primary residence. Compatibility includes coordination of architectural style, exterior building materials and colors, roof form and pitch, window style and placement, other architectural features and landscaping.

(n)

For an accessory dwelling unit created by internal conversion or by an addition to an existing primary dwelling, only one entrance may be located on the front of the house, unless the house contained additional front doors before the conversion. Secondary entrances should be located on the side or rear of the primary residence to the extent possible.

(o)

An accessory dwelling unit shall connect to public sewer and water. Connection may be provided by connecting to the primary residence rather than an entirely separate connection.

(p)

The accessory dwelling unit shall comply with all standards for health and life safety as set forth in the International Building Code, International Residential Code, Uniform Plumbing Code, National Electrical Code, International Mechanical Code, International Fire Code, and Washington State Energy Code as each code is adopted by the city; and any other applicable codes or regulations, except as provided in this chapter. The accessory dwelling unit shall comply with all zoning code provisions for single-family residences, including height, setbacks, accessory buildings and lot coverage, except as provided in this chapter.

(q)

Owner occupancy. Prior to issuance of a building permit establishing an ADU, the applicant shall record as a deed restriction in the county auditor's office a certification by the owner under oath in a form prescribed by the responsible official that one of the dwelling units is and will continue to be occupied by the owner of the property as the owner's principal and permanent residence for as long as the other unit is being rented or otherwise occupied. The owner shall maintain residency for at least six months out of the year, and at no time receive rent for, or otherwise allow to be occupied, the owner-occupied unit if absent for the remainder of the year. Falsely certifying owner occupancy shall be considered a violation of the zoning ordinance and is subject to the enforcement actions described Title 19 of the Vader Municipal Code.

(r)

The property owner shall apply for an accessory dwelling unit permit with the community development department, and shall pay the application fee as established by resolution. In addition to the required application, the applicant shall include an affidavit signed by the property owner affirming that the property owner will live in the principal dwelling unit or accessory dwelling unit for more than six months a year. Violation of the residency requirement will result in revocation of accessory dwelling permit and could result in code enforcement if the violation persists.

(s)

Any existing illegal ADU will not be subject to any enforcement action if an application to legalize the accessory dwelling unit is submitted within 12 months of the adoption of these regulations. During this 12-month period the accessory dwelling unit permit fee will be waived.

(Ord. No. 2022-04, § 1, 10-13-2022)

Two residential zone classifications are established, permitting a variety of housing and population densities without conflict. Protection is provided against hazards, objectionable influences, traffic and building congestion, and lack of light, air, and privacy. Certain essential and compatible public service installations are permitted in residential use districts.

(Ord. No. 2006-09, Exh. A, § 3.010, 12-20-2006)

The R-1 district is a residential zone classification requiring a low density of population and providing protection from 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 this district.

(Ord. No. 2006-09, Exh. A, § 3.020, 12-20-2006)

The following uses are permitted in the R-1 district:

(1)

Single-family dwellings and their customary uses including single-family special needs housing and single-family government housing;

(2)

Churches, community clubhouses, noncommercial art galleries, libraries, museums, schools, parks and other public facilities;

(3)

New manufactured homes, as defined in sections 27.56.340 and 27.76.020 and meeting the requirements of chapter 27.76 VMC shall be permitted in any R-1 district. The manufactured home must be installed upon a concrete or masonry foundation in accordance with the building code adopted by the city. A manufactured home shall bear the insignia of approval by the state or U.S. Department of Housing and Urban Development. Prior to occupancy, the manufactured home must be inspected by a city or county building inspector to meet all applicable building code and health and safety requirements;

(4)

Family childcare homes, subject to the conditions set forth in the performance standards of this article;

(5)

Childcare centers as per RCW;

(6)

Essential public utilities, as defined by state law, subject to the conditions set forth in the performance standards of this title;

(7)

Accessory dwelling units.

(Ord. No. 2006-09, Exh. A, § 3.030, 12-20-2006; Ord. No. 2021-02, § 2(A), 2-11-2021; Ord. No. 2021-03, § 1, 7-22-2021; Ord. No. 2021-06, § 1, 9-23-2021)

The following uses are permitted in an R-1 district subject to a review and approval by the city hearing examiner under the conditional use permit (chapter 27.50 VMC), and the attachment of conditions to ensure compatibility:

(1)

Playgrounds developed in conjunction with a school, park, or community clubhouse;

(2)

Home occupation, subject to the conditions set forth in the performance standards of this title;

(3)

Rooms may be rented to not more than four persons in addition to the family occupying the single-family dwelling, provided there is compliance with all applicable ordinances of the city;

(4)

Private swimming pools subject to the requirements of the state department of health;

(5)

Agriculture;

(6)

Cemeteries, provided sight obscuring fence or hedge is provided along all property lines other than street lines;

(7)

Golf courses and country clubs, provided night lighting is directed away from all adjoining residential areas;

(8)

Transitional housing, provided, however, that no transitional housing facility shall be located within 1,000 feet of any of the following uses: A transitional housing facility, permanent supportive housing facility, indoor emergency housing facility, or indoor emergency shelter;

(9)

Permanent supportive housing, provided, however, that no permanent supportive housing facility shall be located within 1,000 feet of any of the following uses: Permanent supportive housing, a transitional housing facility, an indoor emergency housing facility, or an indoor emergency shelter.

(Ord. No. 2006-09, Exh. A, § 3.040, 12-20-2006; Ord. No. 2021-07, § 5, 9-23-2021)

The following uses and any other use not expressly permitted are hereby prohibited in an R-1 district:

(1)

Trailer used for dwelling purposes;

(2)

Commercial and industrial uses other than home occupations where authorized by this title;

(3)

Mobile homes;

(4)

Manufactured homes not meeting the requirements of sections 27.08.210(3) and 27.56.340, and chapter 27.76.

(Ord. No. 2006-09, Exh. A, § 3.050, 12-20-2006; Ord. No. 2021-02, § 2(B), 2-11-2021; Ord. No. 2021-03, § 1, 7-22-2021; Ord. No. 2021-06, § 2, 9-23-2021)

The minimum lot area, lot dimensions and yard requirements in the R-1 district are as follows:

(1)

Minimum density.

a.

Residential density is four units per acre, except as described in subsections (1)b and (1)c of this section, and subsection (2) of this section.

b.

A permit to construct any single-family dwelling on a lot of record that is greater than one acre in size shall be contingent on the submission of a conversion plan that demonstrates that the remainder of the lot may be subsequently subdivided to create sufficient lots to achieve the minimum densities required under subsection (1)a of this section.

c.

For undeveloped lots not served by public sewer, new residential development may occur at less than the minimum density, provided that development must be oriented so as not to preclude future subdivision to the minimum required density. A reserve tract where additional development may occur subject to the minimum density of this district must be indicated on the face of the subdivision map or plat. New development may not preclude access to areas of the property with future development potential.

d.

Conversion plans required under subsections (1)b and (1)c of this section must be reviewed and approved by city staff prior to subdivision or permit approval and be recorded with the county auditor. The purpose of the conversion plan is to ensure that reserve areas can ultimately developed at the minimum residential densities. However, a conversion plan does not bind future phases of development of the site to anything except the obligation to meet overall density requirements on the total tract.

e.

Accessory dwelling units are counted toward the calculation of minimum density.

f.

Density may be transferred from critical areas and their buffers to the developable portion of the site.

(2)

Minimum lot area.

a.

Seven thousand five hundred square feet, provided city water and sewer services are available;

b.

Eighty thousand square feet, provided city water only is available; or

c.

Five acres provided on-site water and septic services only are available.

(3)

Minimum lot width. Lot width of 75 feet. For odd-shaped lots, the city may permit an adjustment of the width, provided that public health and safety are protected.

(4)

Minimum yard requirements.

a.

Front yards shall meet at least one of the following standards:

1.

Each lot shall have a front yard containing a minimum depth of 20 feet from any structure to the front property line; or

2.

A lot with required parking and a garage accessible only from a rear alley may have a front yard of only eight feet.

b.

Side yard. Each lot shall have two side yards, each having a width of not less than ten feet.

c.

Rear yards shall meet the following standards:

1.

Each lot shall have a rear yard containing a minimum depth of 15 feet from any structure to the rear property line.

d.

For the purposes of this subsection, "rear yard structures" are limited to structures which require a building permit and do not include structures that may be exempt from permitting requirements.

e.

All building setbacks and yard depths shall be measured from the property line, or the edge of the critical areas buffer if that buffer should lie within the development parcel.

(Ord. No. 2006-09, Exh. A, § 3.060, 12-20-2006; Ord. No. 2020-16, § 1, 12-10-2020; Ord. No. 2021-11, § 1, 12-9-2021)

(a)

Administrative front yard setback variance to block average. In any residential district, where a front yard setback less than that required by this title has been maintained on the developed lots having 50 percent or more of the total frontage of the block, each structure built after the effective date of this title may maintain a front yard setback the same size as the average front yard setback as such developed lots on the same block. The applicant shall request such administrative variance from the department and shall provide a scale drawing which shows each and every front yard setback measurement for the developed lots on subject block or group of lots. Provided, however, that in no case shall a front yard setback be reduced in violation of building or fire code requirements.

(b)

Administrative variance to all setback requirements. A reduction in any setback requirement shall be permitted after department review and approval when:

(1)

Such variance for a structure, including any porch, deck or stairway over 30 inches above grade, will not reduce any required setback by more than 50 percent and no roof overhang will extend more than 33 percent into the reduced setback.

(2)

Special conditions and circumstances exist which are peculiar to the land, such as size, shape, topography or location, or which are created by public action such as condemnation, not applicable to other lands in the same district and that literal interpretation of the provisions of this title would result in a practical difficulty, as described in subsection (c) below, for the property owner not commonly experienced by other properties similarly situated in the same district under the terms of this title.

(3)

The special conditions and circumstances are not the result of deliberate actions of the applicant.

(4)

Granting of the variance request will not confer a special privilege to the property that is denied other lands in the same district.

(5)

Granting of the variance will be in harmony with the general purpose and intent of this title and will not be materially detrimental to the public welfare or injurious to other land or improvements in the vicinity and neighborhood in which the property is situated.

(6)

The reasons set forth in the application justify the granting of the variance, and that the variance, if granted, would be the minimum variance that will make possible the reasonable use of the land.

(c)

Practical difficulty. A practical difficulty is present where the harm to the applicant denied a variance will be greater than the probable effect on neighboring properties if the variance is granted. The department shall consider the following factors in making a determination of practical difficulty: The nature of the zone in which the property lies, the character of the immediate vicinity and the uses intended therefor, and whether, if restrictions were removed, neighboring property would be seriously affected, and whether, if restrictions were not removed, they would create unnecessary hardship for the owner in relation to efforts to make normal improvements given the property's permitted use. An applicant's mere desire for a variance, even when motivated by economic reasons, does not constitute a practical difficulty.

(d)

Minimum setback. No portion of any structure over 30 inches above finished grade shall be closer than five feet from any property line and in no cases shall a setback be reduced in violation of applicable building or fire code requirements.

(e)

Conditions. Conditions of approval may be attached to any variance granted by the department.

(f)

Expiration of variance approval. If a building permit has not been issued, or if construction activity or operation has not commenced within three years from the date of final approval by the department, the variance shall expire. The variance shall also expire when vacated or when abandoned for a period of three years. Knowledge of the expiration date is the responsibility of the applicant. The city is not responsible for providing notification prior to expiration.

(g)

City council variance. Variances not allowed by administrative action in this section may be granted pursuant to chapter 27.48 of the Vader Municipal Code.

(Ord. No. 2021-11, § 2, 12-9-2021)

On any lot in an R-1 district, all building, including accessory buildings and structures, but excluding patios with open lattice or similar type roof construction, shall cover not more than 35 percent of the area of such lot.

(Ord. No. 2006-09, Exh. A, § 3.070, 12-20-2006)

No building in an R-1 district shall exceed 35 feet in height.

(Ord. No. 2001-06, 10-17-2001; Ord. No. 2006-09, Exh. A, § 3.080, 12-20-2006)

Off-street parking shall be provided in any R-1 district as set forth in the performance standards of this title.

(Ord. No. 2006-09, Exh. A, § 3.090, 12-20-2006)

The R-2 district is a residential zone classification which permits a higher density of population than the R-1 district. This district provides also for the establishment of two-family dwellings, while ensuring a high degree of protection from 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 this district.

(Ord. No. 2006-09, Exh. A, § 3.100, 12-20-2006)

The following uses are permitted in the R-2 district:

(1)

Single-family and two-family dwellings, special needs housing and government housing and their customary uses;

(2)

Churches, community clubhouses, noncommercial art galleries, libraries, museums, schools, parks and other public facilities;

(3)

New manufactured homes, as defined in sections 27.56.340 and 27.76.020 and meeting the requirements of chapter 27.76 VMC, shall be permitted in any R-1 district. The manufactured home must be installed upon a concrete or masonry foundation in accordance with the building code adopted by the city. A manufactured home shall bear the insignia of approval by the state or U.S. Department of Housing and Urban Development. Prior to occupancy, the manufactured home must be inspected by a city or county building inspector to meet all applicable building code and health and safety requirements;

(4)

Childcare and family childcare homes, subject to the conditions set forth in RCW;

(5)

Essential public utilities, as defined by state law and subject to the conditions set forth in the performance standards of this title;

(6)

Accessory dwelling units.

(Ord. No. 2006-09, Exh. A, § 3.110, 12-20-2006; Ord. No. 2021-02, § 2(C), 2-11-2021; Ord. No. 2021-03, § 1, 7-22-2021; Ord. No. 2021-06, § 3, 9-23-2021)

The following uses are permitted in an R-2 district after review and approval by the city hearing examiner under the conditional use permit (chapter 27.50 VMC) to establish conditions necessary to ensure compatibility as set forth in the performance standards section of this title: Any conditional use permitted in an R-1 district.

(Ord. No. 2006-09, Exh. A, § 3.120, 12-20-2006; Ord. No. 2021-07, § 6, 9-23-2021)

The following uses and any other use not expressly permitted are hereby prohibited in an R-2 district:

(1)

Trailer/recreational vehicle used for dwelling purposes, not located within approved trailer/recreational vehicle parks;

(2)

Commercial and industrial uses other than home occupations where authorized by this title;

(3)

Mobile homes.

(Ord. No. 2006-09, Exh. A, § 3.130, 12-20-2006)

The minimum density, lot area, lot dimensions and yard requirements in the R-2 district are as follows:

(1)

Minimum density.

a.

Residential density is four dwelling units per acre;

b.

A permit to construct any single-family dwelling on a lot of record that is greater than one acre in size shall be contingent on the submission of a conversion plan that demonstrates that the remainder of the lot may be subsequently subdivided to create sufficient lots to achieve the minimum densities required under subsection (1)a of this section;

c.

For undeveloped lots not served by public sewer, new residential development may occur at less than the minimum density, provided that development must be oriented so as not to preclude future subdivision to the minimum required density. A reserve tract where additional development may occur subject to the minimum density of this district must be indicated on the face of the subdivision map or plat. New development may not preclude access to areas of the property with future development potential;

d.

Conversion plans required under subsections 1(b) and 1(c) of this section must be reviewed and approved by city staff prior to subdivision or permit approval and be recorded with the county auditor. The purpose of the conversion plan is to ensure that reserve areas can ultimately developed at the minimum residential densities. However, a conversion plan does not bind future phases of development of the site to anything except the obligation to meet overall density requirements on the total tract;

e.

Accessory dwelling units are counted toward the calculation of minimum density;

f.

Density may be transferred from critical areas and their buffers to the developable portion of the site.

(2)

Minimum lot area shall be as follows:

a.

Single-family dwellings, single-family special needs housing and single-family government housing: 7,500 square feet provided city water and sewer services are available.

b.

Two-family dwellings, two-family special needs housing and two-family government housing: 12,000 square feet provided city water and sewer services are available.

(3)

Minimum lot width is [as] follows: Lot width of 75 feet. For odd-shaped lots, the city may permit an adjustment of the width, provided that public health and safety are protected.

(4)

Minimum yard requirements.

a.

Front yard. Each lot shall have a front yard containing a minimum depth of 20 feet from any structure to the front property line.

b.

Side yard. Each lot shall have two side yards, each having a width of not less than ten feet.

c.

Rear yards shall meet the following standards:

1.

Each lot shall have a rear yard containing a minimum depth of 15 feet from any structure to the rear property line.

d.

For the purposes of this subsection, "rear yard structures" are limited to structures which require a building permit and do not include structures that may be exempt from permitting requirements.

e.

All building setbacks and yard depths shall be measured from the property line, or the edge of the critical areas buffer if that buffer should lie within the development parcel.

(Ord. No. 2006-09, Exh. A, § 3.140, 12-20-2006; Ord. No. 2020-16, § 2, 12-10-2020; Ord. No. 2021-11, § 3, 12-9-2021)

(a)

Administrative front yard setback variance to block average. In any residential district, where a front yard setback less than that required by this title has been maintained on developed lots having 50 percent or more of the total frontage of the block, each structure built after the effective date of this title may maintain a front yard setback of the same size as the average front yard setback as such developed lots on the same block. The applicant shall request such variance from the department and shall provide a scale drawing which shows each and every setback measurement for the developed lots on the subject block or group of lots. Provided, however, that in no case shall a front yard setback be reduced in violation of building or fire code requirements.

(b)

Administrative variance to all setback requirements. A reduction in any setback requirement shall be permitted after department review and approval when:

(1)

Such variance for a structure, including any porch, deck or stairway over 30 inches above grade, will not reduce any required setback by more than 50 percent and no roof overhang will extend more than 33 percent into the reduced setback.

(2)

Special conditions and circumstances exist which are peculiar to the land, such as size, shape, topography or location, or which are created by public action such as condemnation, not applicable to other lands in the same district and that literal interpretation of the provisions of this title would result in a practical difficulty, as described in subsection (c) below, for the property owner not commonly experienced by other properties similarly situated in the same district under the terms of this title.

(3)

The special conditions and circumstances are not the result of deliberate actions of the applicant.

(4)

Granting of the variance request will not confer a special privilege to the property that is denied other lands in the same district.

(5)

Granting of the variance will be in harmony with the general purpose and intent of this title and will not be materially detrimental to the public welfare or injurious to other land or improvements in the vicinity and neighborhood in which the property is situated.

(6)

The reasons set forth in the application justify the granting of the variance, and that the variance, if granted, would be the minimum variance that will make possible the reasonable use of the land.

(c)

Practical difficulty. A practical difficulty is present where the harm to the applicant denied a variance will be greater than the probable effect on neighboring properties if the variance is granted. The department shall consider the following factors in making a determination of practical difficulty: The nature of the zone in which the property lies, the character of the immediate vicinity and the uses intended therefor, and whether, if restrictions were removed, neighboring property would be seriously affected, and whether, if restrictions were not removed, they would create unnecessary hardship for the owner in relation to efforts to make normal improvements given the property's permitted use. An applicant's mere desire for a variance, even when motivated by economic reasons, does not constitute a practical difficulty.

(d)

Minimum setback. No portion of any structure over 30 inches above finished grade shall be closer than five feet from any property line and in no cases shall a setback be reduced in violation of applicable building or fire code requirements.

(e)

Conditions. Conditions of approval may be attached to any variance granted by the department.

(f)

Expiration of variance approval. If a building permit has not been issued, or if construction activity or operation has not commenced within three years from the date of final approval by the department, the variance shall expire. The variance shall also expire when vacated or when abandoned for a period of three years. Knowledge of the expiration date is the responsibility of the applicant. The city is not responsible for providing notification prior to expiration.

(g)

City council variance. Variances not allowed by administrative action in this section may be granted pursuant to chapter 27.48 of the Vader Municipal Code.

(Ord. No. 2021-11, § 4, 12-9-2021)

Editor's note— Ord. No. 2021-11, § 4, adopted December 9, 2021, set out provisions intended for use as § 20[7].08.520. For purposes of classification, and at the editor's discretion, these provisions have been included as § 27.08.515.

On any lot in an R-2 district, all buildings, including accessory buildings and structures, but excluding patios with open lattice or similar type roof construction, shall cover not more than 50 percent of the area of such lot.

(Ord. No. 2006-09, Exh. A, § 3.150, 12-20-2006)

No building in an R-2 district shall exceed 35 feet in height.

(Ord. No. 2001-06, 10-17-2001; Ord. No. 2006-09, Exh. A, § 3.160, 12-20-2006)

Off-street parking shall be provided in any R-2 district as set forth in the performance standards of this title.

(Ord. No. 2006-09, Exh. A, § 3.170, 12-20-2006)

The R-3 district is a residential zone classification which permits a higher density of population than the R-1 or R-2 districts, allowing for the establishment of multifamily dwellings as well as single-family and two-family dwellings. The district ensured a high degree of protection from 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 this district.

(Ord. No. 2006-09, Exh. A, § 3.200, 12-20-2006)

The following uses are permitted in the R-3 district:

(1)

Single-family and two-family dwellings on existing lots of record, including manufactured homes on permanent foundations subject to the siting requirements of 27.08.480(3);

(2)

Subdivision of lots to provide for new single-family or two-family residential at four to seven units per acre;

(3)

Multifamily housing at a minimum density of eight units per acre;

(4)

Churches, community clubhouses, noncommercial art galleries, libraries, museums, schools, parks and other public facilities;

(5)

Childcare and family day care homes, subject to the conditions set forth in state law;

(6)

Essential public utilities, as defined by state law and subject to the conditions set forth in the performance standards of this title.

(Ord. No. 2006-09, Exh. A, § 3.210, 12-20-2006)

The following uses are permitted in an R-3 district after review and approval by the city hearing examiner under the conditional use permit (chapter 27.50 VMC) to establish conditions necessary to ensure compatibility as set forth in the performance standards section of this title: Any conditional use permitted in an R-2 district.

(Ord. No. 2006-09, Exh. A, § 3.220, 12-20-2006; Ord. No. 2021-07, § 7, 9-23-2021)

The following uses and any other use not expressly permitted are hereby prohibited in an R-3 district:

(1)

Trailer/recreational vehicle used for dwelling purposes, not located within approved trailer/recreational vehicle parks;

(2)

RV parks;

(3)

Commercial and industrial uses other than home occupations where authorized by this title;

(4)

Mobile homes.

(Ord. No. 2006-09, Exh. A, § 3.230, 12-20-2006)

The minimum density, lot area, lot dimensions and yard requirements in the R-3 district are as follows:

(1)

Minimum density as described in section 27.08.750;

(2)

Minimum lot area:

a.

Single-family dwellings, single-family special needs housing and single-family government housing: 7,500 square feet provided city water and sewer services are available.

b.

Two-family dwellings, two-family special needs housing and two-family government housing: 12,000 square feet provided city water and sewer services are available.

c.

Multifamily dwellings: 12,000 square feet for the first two dwelling units, plus 1,000 square feet for each of the next four dwelling units, plus 500 square feet for each additional dwelling unit in excess of six provided city water and sewer services are available.

d.

Density may be transferred from critical areas and their buffers to the developable portion of the site.

(3)

Minimum yard requirements are as follows:

a.

Front yard. Each lot shall have a front yard containing a minimum depth of 20 feet from any structure to the front property line;

b.

Side yard. Each lot shall have two side yards, each having a width of not less than five feet;

c.

Rear yards shall meet the following standards:

1.

Each lot shall have a rear yard containing a minimum depth of 15 feet from any structure to the rear property line.

d.

For the purposes of this subsection, "rear yard structures" are limited to structures which require a building permit and do not include structures that may be exempt from permitting requirements.

e.

All building setbacks and yard depths shall be measured from the property line, or the edge of the critical areas buffer if that buffer should lie within the development parcel.

(Ord. No. 2006-09, Exh. A, § 3.240, 12-20-2006; Ord. No. 2020-16, § 3, 12-10-2020; Ord. No. 2021-11, § 5, 12-9-2021)

(a)

Administrative front yard setback variance to block average. In any residential district, where a front yard setback less than that required by this title has been maintained on the developed lots having 50 percent or more of the total frontage of the block, each structure built after the effective date of this title may maintain a front yard setback the same size as the average front yard setback as such developed lots on the same block. The applicant shall request such variance from the department and shall provide a scale drawing which shows each and every front yard setback measurement for the developed lots on the subject block or group of lots. Provided, however, that in no case shall a front yard setback be reduced in violation of building or fire code requirements.

(b)

Administrative variance to setback requirements. A reduction in any setback requirement shall be permitted after department review and approval when:

(1)

Such variance for a structure, including any porch, deck or stairway over 30 inches above grade, will not reduce any required setback by more than 50 percent and no roof overhang will extend more than 33 percent into the reduced setback.

(2)

Special conditions and circumstances exist which are peculiar to the land, such as size, shape, topography or location, or which are created by public action such as condemnation, not applicable to other lands in the same district and that literal interpretation of the provisions of this title would result in a practical difficulty, as described in subsection (c) below, for the property owner not commonly experienced by other properties similarly situated in the same district under the terms of this title.

(3)

The special conditions and circumstances are not the result of deliberate actions of the applicant.

(4)

Granting of the variance request will not confer a special privilege to the property that is denied other lands in the same district.

(5)

Granting of the variance will be in harmony with the general purpose and intent of this title and will not be materially detrimental to the public welfare or injurious to other land or improvements in the vicinity and neighborhood in which the property is situated.

(6)

The reasons set forth in the application justify the granting of the variance, and that the variance, if granted, would be the minimum variance that will make possible the reasonable use of the land.

(c)

Practical difficulty. A practical difficulty is present where the harm to the applicant denied a variance will be greater than the probable effect on neighboring properties if the variance is granted. The department shall consider the following factors in making a determination of practical difficulty: The nature of the zone in which the property lies, the character of the immediate vicinity and the uses intended therefor, and whether, if restrictions were removed, neighboring property would be seriously affected, and whether, if restrictions were not removed, they would create unnecessary hardship for the owner in relation to efforts to make normal improvements given the property's permitted use. An applicant's mere desire for a variance, even when motivated by economic reasons, does not constitute a practical difficulty.

(d)

Minimum setback. No portion of any structure over 30 inches above finished grade shall be closer than five feet from any property line and in no cases shall a setback be reduced in violation of applicable building or fire code requirements.

(e)

Conditions. Conditions of approval may be attached to any variance granted by the department.

(f)

Expiration of variance approval. If a building permit has not been issued, or if construction activity or operation has not commenced within three years from the date of final approval by the department, the variance shall expire. The variance shall also expire when vacated or when abandoned for a period of three years. Knowledge of the expiration date is the responsibility of the applicant. The city is not responsible for providing notification prior to expiration.

(g)

City council variance. Variances not allowed by administrative action in this section may be granted pursuant to chapter 27.48 of the Vader Municipal Code.

(Ord. No. 2021-11, § 6, 12-9-2021)

Editor's note— Ord. No. 2021-11, § 6, adopted December 9, 2021, set out provisions intended for use as § 20[7].08.790. For purposes of classification, and at the editor's discretion, these provisions have been included as § 27.08.785.

On any lot in an R-3 district, all buildings, including accessory buildings and structures, but excluding patios with open lattice or similar type roof construction, shall cover not more than 50 percent of the area of such lot.

(Ord. No. 2006-09, Exh. A, § 3.250, 12-20-2006)

No building in an R-3 district shall exceed 35 feet in height.

(Ord. No. 2006-09, Exh. A, § 3.260, 12-20-2006)

Off-street parking shall be provided in any R-3 district as set forth in the performance standards of this title.

(Ord. No. 2006-09, Exh. A, § 3.270, 12-20-2006)