The purpose of this chapter is to establish basic dimensional standards for development as well as specific rules for their general application. The standards are established to guide project design, and maintain compatibility and privacy between adjacent uses. (Ord. 269 (part), 2002)

Density and Dimensional Requirements Development Conditions:

1. No limit for barns or other agricultural structures.

2. Buildings housing domestic animals or any use that produces offensive noise, vibration, smoke, dust, odors, heat or glare shall maintain a seventy-five feet front yard setback and fifty feet side and rear yard setbacks.

3. Applies only to townhouse, multi-family and non-residential uses. An additional fifteen percent may be covered if at least twenty percent of the lot is landscaped.

4. The dimensional standards in this zone may be administratively modified during site plan review.

5. Rear yard setbacks shall be in compliance with the Building Code.

6. No restrictions, except fifty feet yard setbacks are required where abutting a residential district.

7. A side and/or rear yard setback may be reduced to five feet for a detached garage or similarly sized accessory building upon a determination by the director that:
  A. The detached garage or similarly sized accessory building will be located entirely within the rear one third of the lot; and
  B. Such detached garage or similarly sized accessory building will not be unduly detrimental to adjacent and surrounding property, nor to the zone in which approval is requested.

8. The minimum parcel size requirement shall not apply to the creation of parcels for use as publicly owned quarries, material stockpiling, rock crushing, road construction, road maintenance and mining equipment storage within the Exclusive Agriculture, Primary Agriculture, General Agriculture, Rural Remote forty acre, Rural Remote twenty acre, Rural Agriculture ten acre and Rural Agriculture five zoning districts. A note will be placed on the face of the recorded land division instrument (e.g., short plat, subdivision, etc.) stating that the site is not a buildable parcel for residential or commercial purposes.

9. No restrictions except where abutting a Residential district, then ten feet.

10. No restrictions except where abutting a Residential district, then fifteen feet.

11. Forty-five percent allowed with a two-family dwelling unit.

12. No restrictions, except where abutting a Residential district, then fifty feet from centerline of road.

13. In the RD-R zone, newly created lots must be connected to a public water system.

14. In terms of building size, scale, use, or intensity, development or redevelopment of existing uses shall be consistent with the character of the area. Visual compatibility is not required and changes in use from vacant land are permitted.

15. See ch. 17.18.050(D) for the maximum allowed density for new residential development within the Burbank urban growth area.

16. In urban growth areas the residential density per acre is the minimum density required for residential uses. See ch. 17.18.050 and 17.18.070.

17. Outside of urban growth areas the residential density per acre is the maximum density allowed for residential uses. See ch. 17.18.060.

18. The number of lots that can be created through the land division process is limited to four within a five year period.

19. The number of lots that can be created through the land division process on agriculture lands not designated as lands of primary significance or unique lands is limited to four within a five year period unless provided otherwise in ch. 17.31.

20. The provisions of ch. 17.31 shall apply when creating more than four lots on lands not designated as agriculture lands of primary significance or unique lands.

21. The provisions of ch. 17.31 shall apply to all lands designated as agriculture lands of primary significance or unique lands.

22. The provisions of ch. 17.31 shall supersede the minimum lot area requirements and the minimum setback requirements.

23. The provisions of ch. 17.31 shall apply to all lands in this district.

24. This height limit shall apply to one-family dwelling units, duplexes, mobile homes, and manufactured homes.

25. Height limits shall be governed by Federal Aviation Administration (FAA) regulations.

26. Public rights-of-way shall not be calculated into meeting the minimum required lot size of the respected zone.

(Ord. 269 (part), 2002; Ord. 293, 2003; Ord. 299, 2004; Ord. 338 § 1, 2007; Ord. 348 § 1, 2007; Ord. 357 § 4, 2007)

(Ord. No. 371, § III(Exh. A, Pt. F), 8-3-2009; Ord. No. 386, § III(Exh. A, § 14), 8-30-2010; Ord. No. 476, § III(Exh. A), 8-5-2019; Ord. No. 488(Exh. B, § 3), 5-24-2021)

A.

Setback, Front. "Front setback" means a setback extending between side lot lines across the front of a lot. In any required front setback, no fence or wall shall be permitted which materially impedes vision across such setback above the height of forty-two inches. No hedge or other vegetation shall be permitted which impedes vision across such setback greater than forty-two inches, and no fall-out shelter shall be permitted, either above-ground or underground.

1.

In the case of "through lots," unless the prevailing front setback pattern on adjoining lots indicates otherwise, front setbacks shall be provided on all frontages. Where one of the front setbacks that would normally be required on a through lot is not in keeping with the prevailing setback pattern, the director of planning may waive the requirement for the normal front setback and substitute therefore a special setback requirement which shall not exceed the average of the setbacks provided on adjacent lots.

2.

In the case of "corner lots" a front setback of the required depth shall be provided in accordance with the prevailing setback pattern and a second front setback of half the depth required generally for front setbacks in the district shall be provided on the other frontage.

3.

In the case of "corner lots" with more than two frontages, the director of planning shall determine the front setback requirements, subject to the following limitations:

a.

At least one front setback shall be provided having the full depth required generally in the district.

b.

No other front setback on such lot shall have less than half the full depth required generally.

4.

In the case of "flag lots," the front setback shall be measured from the property lines that are closest, and run parallel to, the lot's access street. (i.e., the property line at the bottom of the flag pole, as depicted in Diagram 2 in Section 17.08.330).

B.

Setback, Rear. "Rear setback" means a setback extending across the rear of the lot between inner side setback lines. In the case of "through and corner lots," there will be no rear setback. In the case of "corner lots" the rear setback shall extend from the inner side setback line of the side setback adjacent to the interior lot to the rear line of the half-depth front setback.

C.

Setback, Side. "Side setback" means a setback extending from the rear line of the required front setback to the rear lot line. In the case of "through lots," side setbacks shall extend from the rear lines of the front setbacks required. In the case of "corner lots" there will be only one side setback adjacent to the interior lot. In the case of "flag lots", all lot lines other than the front lot line and the rear lot line are considered side lot lines. (Ord. 269 (part), 2002)

(Ord. No. 371, § III(Exh. A, Pt. F), 8-3-2009; Ord. No. 427, § III(Exh. B), 12-15-14

A.

The residential density per acre in ch. 17.18.020 shall be the minimum density required for residential uses.

B.

Minimum Residential Density Calculation. To calculate the minimum number of residential dwelling units required for any given property in an urban growth area, the buildable site area is multiplied by the residential density per acre that applies to the zone in which the property is located. The result is the minimum number of dwelling units that must be accommodated on that property. For the purposes of this calculation, fractional values shall be rounded to the nearest whole number (0.5 and above rounded up; below 0.5, rounded down).

Example for determining the minimum number of residential dwelling units required on a 2.2 acre buildable site area property in an R-96 zone:

C.

Maximum Number of Dwelling Units. The maximum number of dwelling units, allowed on a property shall be determined by dividing the buildable site area (in square feet) by the minimum lot area requirement for the zone in which the property is located. The result is the maximum number of dwelling units allowed on that property, provided that no lot shall be less than ninety-five percent (95%) of the minimum lot area requirement for the zone in which the property is located. For purposes of this calculation, fractional values shall be rounded to the nearest whole number (0.5 and above rounded up; below 0.5 rounded down).

Example for determining the maximum number of residential dwelling units allowed on a 2.2 acre buildable site area property in an R-96 zone:

D.

In the Burbank urban growth area, the maximum number of dwelling units is calculated as described in Subsection C, except that the density may be increased to six dwelling units per acre via the planned unit development process in Chapter 17.37.

E.

The minimum density requirement for a property may be waived one time by the county if:

1.

The applicant proposes the creation of no more than two lots or parcels; and

2.

Both lots or parcels are at least five acres in size; and

3.

The size and configuration of the lots or parcels shall not preclude future division of all lots or parcels into lots that comply with the provisions of this chapter and Title 16; and

4.

The placement of all structures, improvements, and infrastructure shall not preclude the future division of all lots or parcels into lots that comply with the provisions of this chapter and Title 16.

F.

A proposal to locate one residential dwelling on a property shall be exempt from the minimum density requirement if the applicant demonstrates that the single residence, infra-structure and other improvements are located in a manner such that they would not preclude future residential development of the property consistent with the applicable provisions of this chapter and Title 16.

G.

Accessory dwelling units, sleeping units, caretakers quarters, farmworker dwellings, transient labor camps, and temporary lodging mobile/manufactured homes under ch. 17.16.014(A) are not counted as dwelling units for purposes of density.

(Ord. No. 371, § III(Exh. A, Pt. F), 8-3-2009; Ord. No. 471, § II, 8-7-2018; Ord. No. 476, § III(Exh. A), 8-5-2019; Ord. No. 488, § IV(Exh. B, § 4), 5-24-2021)

A.

The residential density per acre shall be the maximum density allowed in zoning districts outside of an urban growth area.

B.

To calculate the maximum number of residential dwelling units allowed for any given property outside of an urban growth area, the net site area size of the property in acres is multiplied by the residential density per acre that applies to the zone in which the property is located. The result it the maximum number of dwelling units allowed on that property, provided that no residential lot shall be smaller than the minimum lot area requirement for the zone in which the property is located. For the purposes of this calculation, fractional values shall be rounded to the nearest whole number (0.5 and above, round up; below 0.5, round down).

Example for determining the maximum number of residential dwelling units allowed on a 90 acre net site area property in the General Agriculture zone:

C.

Accessory dwelling units, sleeping units, caretakers quarters, farmworker dwellings, transient labor camps, and temporary lodging mobile/manufactured homes under ch. 17.16.014(A) are not counted as dwelling units for purposes of density.

(Ord. No. 371, § III(Exh. A, Pt. F), 8-3-2009)

A.

Gross site area is the total horizontal area of a site.

B.

Net site area is the gross site area less existing public rights-of-way.

C.

Buildable site area is the gross site area less:

1.

Existing public rights-of-way or areas to be dedicated for rights-of-way;

2.

Tracts or easements to be established for public or private streets and alleys;

3.

Areas in the following critical areas excluding critical area protection zones (buffers):

a.

Frequently flooded areas;

b.

Wetlands;

c.

Erosion hazard areas, landslide hazard areas, and other areas determined by the Director to be subject to severe risk of damage as a result of other geologically events under WWCC 18.08.500(E); and

d.

Fish and wildlife habitat conservation areas.

(Ord. No. 371, § III(Exh. A, Pt. F), 8-3-2009; Ord. No. 476, § III(Exh. A), 8-5-2019)