A.

The following multifamily residential districts are established; properties so designated shall be subject to the provisions contained in this chapter:

1.

MDR, medium density multifamily residential district;

2.

HDR, high density multifamily residential district.

B.

The multifamily residential districts are intended to reserve appropriately located areas for multifamily living at a broad range of dwelling unit densities consistent with the comprehensive plan. They are further intended to protect the public health, safety and general welfare by ensuring that opportunities to obtain reasonable cost housing exist for households representing a variety of income categories and lifestyles, facilitating the provision of utility services and other public facilities commensurate with anticipated population and dwelling unit densities, providing designs compatible with community goals, and providing that multifamily developments offer the amenities and conveniences necessary to assure the comfort and enhance the lifestyles of their occupants.

(Ord. 939 § 9 (part), 2000)

The following uses are permitted for all multifamily residential districts unless otherwise specified:

A.

Adult family homes;

B.

Minor utility facilities;

C.

Multifamily dwellings including duplexes, apartments, condominiums, townhouses, or other group of dwellings in accordance with the density standards set forth;

D.

Retirement homes/apartments with the following:

1.

Individual kitchen facilities in each unit, and no common dining room,

2.

Limited medical services which are provided on an individual basis;

E.

One single-family detached dwelling on each building site;

F.

Streets;

G.

Planned unit residential developments according to Title 16, Subdivisions of this code;

H.

Townhouses on individually-owned lots;

I.

Manufactured homes pursuant to Chapter 14.22 of this code;

J.

Rapid charging stations meeting the definition of "electric vehicle charging station—restricted";

K.

Wireless Communication Facilities. New attached facilities and colocations consistent with Section 17.71.195.

(Ord. 1055 § 1 (part), 2005: Ord. 939 § 9 (part), 2000)

(Ord. No. 1257, § 4, 1-7-2013; Ord. No. 1412, § 1, 6-17-2019; Ord. No. 1541, § 1, 12-4-2023)

The following accessory buildings and uses permitted in the multifamily residential districts are those uses customarily incidental to a single-family or multifamily use, appurtenant to the principal permitted uses.

A.

Family child day care home or family child care home per Section 17.20.100;

B.

Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses per Section 17.20.100;

C.

Home occupations per Section 17.20.100;

D.

Keeping of family pets per Section 17.20.100;

E.

Recreational facilities intended for the use of residents including swimming pools, saunas, tennis courts and exercise rooms.

F.

Electric vehicle charging stations for Level 1 and Level 2 charging are allowed as accessory to a principal outright permitted use or permitted conditional use.

(Ord. 939 § 9 (part), 2000)

(Ord. No. 1257, § 5, 1-7-2013)

The following uses in the MDR, HDR districts require administrative temporary use permit approval from the director per Chapter 17.70:

A.

Roadside produce stand;

B.

Farmer's market.

(Ord. 982 § 2, 2003)

The following uses in the multifamily residential districts require conditional use permit approval from the hearing examiner per Chapter 17.72:

A.

Adult day care home facilities;

B.

Apartments or other multifamily dwellings constructed for and occupied by households with at least one member being physically handicapped may exceed allowable dwelling unit densities by fifty percent of that permitted by the respective zone. A title notice indicating occupancy by the physically handicapped is required;

C.

Bed and breakfast inns;

D.

Wireless Communication Facilities. New support towers consistent with Section 17.71.195;

E.

Cemeteries;

F.

Churches, convents, monasteries and other religious institutions;

G.

Homes for the aged; assisted living facilities, continuing care communities, board and care homes, hospices, or nursing homes;

H.

Hospitals;

I.

Lodging houses, clubs and fraternity houses;

J.

Major utility facilities;

K.

Manufactured home parks that meet the standards and criteria in Chapter 17.28 in addition to the criteria of Chapter 17.72 of this code;

L.

Mass transit systems including, but not limited to, bus stations, train stations, transit shelter stations, and park-and-ride lots;

M.

Public facilities;

N.

Public and private educational institutions, including preschools, schools, religious schools, colleges and universities;

O.

Public parks and public recreational facilities;

P.

Retirement home/apartments occupied only by persons fifty-five years and older. Such apartments may exceed allowable dwelling unit densities by fifty percent of that permitted by the respective zone;

Q.

Utility yards;

R.

Water towers and water supply plants.

(Ord. 982 § 2, 2003: Ord. 939 § 9 (part), 2000)

(Ord. No. 1412, § 1, 6-17-2019)

Prohibited uses in the multifamily residential districts are any use or structure not listed under permitted principal, accessory or conditional uses, unless authorized in Section 17.81.020(C) or Chapter 17.60, or an applied overlay district of this title.

(Ord. 939 § 9 (part), 2000)

A.

Required Parking for Single-Family Uses. All single-family dwellings in the multifamily districts shall have two on-site automobile parking spaces. Each required space is to be located so as to be independent of any other required space and access drives. Further, all such required spaces for single-family dwellings shall be located within the building site area and not within the required setback areas. Required spaces and access drives shall be improved with a dustless, hard surface.

B.

Required Parking for Multifamily and Conditionally Permitted Uses. All permitted multifamily and conditionally permitted uses in the multifamily districts shall provide on-site automobile parking at ratios specified in Chapter 17.56 of this code.

(Ord. 939 § 9 (part), 2000)

The following sets forth the required development standards applicable to properties located in the MDR and HDR zones. (Development standards for townhouses and single-family homes on individually owned lots are contained in Section 17.20.080.)

(Ord. 939 § 9 (part), 2000; Ord. No. 1541, § 5, 12-4-2023)

The following specific standards supersede the related standards given in Section 17.20.070. If a standard is not listed below, the standard in Section 17.20.070 applies.

C.

Minimum Setbacks.

1.

Front. The minimum front yard setback for all buildings and structures shall be ten feet from the property line on local access streets and twenty feet from collector streets or greater. The minimum front yard setback for garages shall be twenty feet.

2.

Rear. The minimum rear setback shall be ten feet; provided, that parking is not permitted in the minimum rear yard area.

3.

Side. There is no side yard setback between individual townhouse units. However, no townhouse buildings shall be located closer than ten feet from a local access street right-of-way or fifteen feet from collector or arterial right-of-way. The distance between townhouse buildings shall be a minimum of ten feet. The minimum side yard setback for detached single-family homes shall be five feet, or ten feet for street side yard.

D.

No townhouse building shall contain more than ten townhouses nor shall any one building exceed two hundred fifty feet in width.

E.

Maximum lot coverage by the residential structure: 60%.

(Ord. 939 § 9 (part), 2000; Ord. No. 1541, §§ 2—4, 12-4-2023)

Editor's note— Ord. No. 1541, § 2, adopted Dec. 4, 2023, amended the title of § 17.20.080 to read as herein set out. The former § 17.20.080 was titled, "Standards for townhouses on individually-owned lots."

The following special requirements and performance standards shall apply to properties in the multifamily districts.

A.

Exterior Mechanical Devices. Air conditioners, heating, cooling, ventilating equipment, swimming pool pumps and heaters and all other mechanical devices shall be screened from surrounding properties and streets and shall be so operated that they do not disturb the peace.

B.

Landscaping Required. In all MDR and HDR zones landscaping and open space shall be provided. All required landscaping shall be permanently maintained in a neat and orderly condition. For new developments, a landscape plan shall be submitted for review by the city's development review committee.

C.

Outdoor Storage of Materials. Required front and street side yards shall not be used for the storage of any motor vehicle or vehicle accessory such as camper shells, trailers, boats, motorbikes or other wheeled accessory or conveyance. Personal, noncommercial storage of such vehicles and vehicle accessories is permitted within the legal building site area and rear and interior side yards provided that such vehicles and accessories are screened from neighboring properties and public rights-of-way by a six-foot high solid fence or landscaped screen. For purposes of this section, "storage" means the keeping of such vehicles and accessories on any portion of any parcel of property for a period of one hundred twenty continuous hours.

D.

Setbacks from Alleys. Where an alley ten feet or greater in width abuts a side or rear yard, one-half of the width of such alley, up to a maximum of ten feet may be applied on the required amount of the side or rear yard setback for principal structures. This shall not apply to detached accessory structures.

E.

Yard Projections. Every required front, rear and side yard shall be open and unobstructed from the ground to the sky unless otherwise provided:

1.

Fences and walls as specified and limited may project into the front, rear and side yards.

2.

Cornices, sills, eave projections and awnings without enclosing walls or screening may project into a required yard by not more than thirty inches, provided the width of any required interior side yard is not reduced to less than two feet, six inches, and any yard abutting a street is not reduced to less than five feet.

3.

Open, unenclosed, unroofed decks may project into any required rear or interior side yard, providing, however, that the decks are constructed at grade elevations, or in no event, exceed thirty inches above adjoining grade.

4.

Bay windows, and garden windows which do not require a foundation may project into a required front, rear, or street side yard by not more than thirty inches; provided, that the width of any yard abutting a street is not reduced to less than five feet.

5.

Additions of accessory structures in a required front or rear yard, such as stairs, balconies, covered or uncovered porches which have no more than one hundred twenty square feet, provided lot coverage is not exceeded.

F.

Residential antennae, including satellite dish antennae less than or equal to three feet in diameter, shall not be located between the front or street side property lines and a building, and shall be opted to a height of ten feet in excess of the maximum height required for each zone. Antennae shall be set up so that in case an antenna falls it will fall within the confines of the owner's property. Satellite dish antennae greater than three feet in diameter, and amateur radio towers and associated antennae are regulated below.

1.

Satellite Dish Antennae, Ground-Mounted. Ground-mounted, satellite dish antennae are allowed as permitted accessory uses subject to the following requirements:

a.

The antenna shall not be located between the front property line or street-side property line and a building; such antennae may be located in a rear or interior side yard;

b.

The maximum diameter shall be twelve feet;

c.

The maximum height shall be fifteen feet in height above the existing grade to the highest point of the dish;

d.

The minimum setback shall be no less than three feet to rear or side property lines as measured when the dish is in a horizontal position;

e.

Satellite dish antennae shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties;

f.

Satellite dish antennae shall be constructed of transparent material such as wire mesh; and shall be finished in a dark color and a nonlight-reflective surface;

g.

All installations shall include screening treatments located along the antenna's nonreception window axes and low level ornamental landscape treatments along the reception window axes of the antenna's base. Such treatments should completely enclose the antenna and consist of no less than three landscape elements which provide year-round screening. Landscape plans shall be reviewed by the Development Review Committee;

h.

Dish antennae shall be installed and maintained in compliance with the applicable requirements of the Uniform Building Code, as amended;

i.

Only one dish antenna shall be permitted on any residential lot;

j.

Dish antennae shall not be installed on a portable or movable device, such as a trailer;

k.

The antenna shall be set up so that in case an antenna falls it will fall within the confines of the owner's property.

2.

Satellite Dish Antennae, Roof-Mounted. Roof-mounted satellite dish antennae which have a maximum of twelve feet in diameter may only be allowed upon approval of a variance application in accordance with Section 17.81.020 of this code. In addition to the review criteria of Section 17.81.020(B), the following criteria shall be met:

a.

Demonstration by the applicant that compliance with subsection (F)(1) of this section would result in the obstruction of the antenna's reception window, prohibiting a usable signal; furthermore, such obstruction involves factors beyond the control of the applicant.

3.

Amateur radio towers and antennae for use by a noncommercial, licensed amateur operator shall be allowed if such facilities:

a.

Are not located between the front or street-side property line and a building;

b.

Are limited to a height of ten feet in excess of the maximum height required for each zone;

c.

Are installed with a reasonable effort to minimize visibility from adjacent properties while still permitting effective operation;

d.

Are located and constructed in a manner that will prevent the installation from falling onto adjoining properties;

e.

Do not interfere with nearby utility lines, etc;

f.

Such installations which propose to exceed the maximum height restrictions, but which all of the above criteria (subsections (F)(3)(a) through (e) of this section, may only be allowed upon approval of a variance application in accordance with Section 17.81.020(B).

G.

Swimming Pools. For all swimming pools having a depth of twenty-four or more inches there shall be maintained a protective fence, wall or enclosure not less than five feet in height, with no opening greater than four inches wide and equipped with a self-closing gate surrounding said pool. This requirement shall also apply to other outdoor bodies of water having a depth greater than twenty-four inches, excluding natural lakes, streams, rivers, or drainage ditches.

H.

Building Height Exceptions. Chimneys and vents may be erected to a height greater than the permitted building height set forth.

I.

Trash Receptacles. Except on trash pickup days, all trash receptacles shall be screened from neighboring properties and public rights-of-way by an opaque visual barrier no lower than the maximum height of the receptacles. Provision of recycling bins shall be made. These shall be located near the trash receptacles and screened as required above.

J.

School and Church Height Exceptions. When applicable, a height exception shall be applied for as part of a conditional use permit application to establish such uses or expansion of such uses. Conditionally permitted school and church uses may exceed building height requirements to a maximum of fifty feet in the MDR and the HDR zones upon approval of such height exception by the hearing examiner. A height exception does not require separate application for a special exception or variance.

K.

Fences, Walls and Hedges. Fences and walls constructed shall not exceed a maximum height above the adjacent grade as set forth herein:

1.

Fences, walls and hedges located within the required front yard or within a ten-foot setback from the street side property line shall not exceed a height of three feet where fences, walls and hedges would provide less than fifty percent visibility. Fences, walls, and hedges providing at least fifty percent visibility shall not exceed a height of four feet within the required front yard or within a ten-foot setback of the street side property line. Examples of fences that could meet the fifty percent visibility include spaced rail fences, spaced picket fences, and chain link fences.

2.

Fences and walls located within the rear yard or interior side yard shall not exceed a total height of six feet.

3.

On every lot where the adjoining lot is used for nonresidential purposes, then a fence, not to exceed seven feet, may be constructed along the side of the lot separating a residential lot from the lot being used for nonresidential purposes, provided, that when and if the adjoining lot is converted to a residential use, then the fence shall be altered to conform to the regulations.

4.

Fences utilized to enclose drainage detention ponds or other drainage facilities shall meet the above regulations, as well as any other applicable regulations of this code.

L.

Sight Distance Requirements. At all intersections there shall be a triangular yard area within which no tree, fence, shrub, wall or other physical obstruction shall be permitted higher than three feet above the adjacent grade where fences, walls and hedges would provide less than fifty percent visibility. Fences, walls, and hedges providing at least fifty percent visibility shall not exceed a height of four feet. Examples of fences that could meet the fifty percent visibility include spaced rail fences, spaced picket fences, and chain link fences. This triangular area shall measure as follows:

1.

Street Intersections. At any intersection of two street rights-of-way, two sides of the triangular area shall extend twenty feet along both shoulder or curb lines of the improved portion of the rights-of-way, measured from their point of intersection. For the purpose of this subsection, an alley shall be considered as a street.

2.

Street and Driveway Intersections. At any intersection of a street right-of-way and a driveway, two sides of the triangular area shall extend twenty feet along the edge of the driveway and ten feet along the shoulder or curbline of the improved portion of the right-of-way, measured from their point of intersection. Such triangular area shall be applied to both sides of the driveway.

3.

Fences utilized to enclose drainage detention ponds or other drainage facilities shall meet the above regulations, as well as any other applicable regulations of this code.

M.

All structures must meet the construction standards set forth in RCW Chapter 19.27. Mobile homes shall only be sited in lawfully created manufactured home parks.

N.

Manufactured homes shall be comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; roof constructed of composition, wood shake or shingle, coated metal, or similar roofing material and of not less than three is to twelve pitch; has exterior siding similar in appearance to siding materials commonly used on site-built single-family homes built according to the International Residential Code (IRC).

1.

All dwellings shall be oriented on the lot so that the front door faces the street.

2.

All dwellings shall be placed on permanent foundations as defined within the IRC.

3.

All manufactured homes shall be of new construction.

4.

The front door shall be protected by a covered porch.

(Ord. 1055 § 1 (part), 2005; Ord. 939 § 9 (part), 2000)

A.

Family Child Day Care Home or Family Child Care Home.

1.

Meet Washington State child day care licensing requirements;

2.

Comply with all building, fire, safety, health code and business licensing requirements;

3.

Conform to lot size, building size, setbacks, and lot requirements of this chapter except if the structure is a legal nonconforming structure;

4.

Comply with the applicable provisions of the sign code of this title;

5.

Make no structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure which would make it incompatible with surrounding residences;

B.

Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses shall not be in existence for more than six days of any calendar year, and shall not be in violation of any other chapter in this code, or city ordinance, and provided further, that any such garage sales and yard sales involve only the sale of household goods, none of which were purchased for the purpose of resale.

C.

Home Occupations.

1.

The resident operator shall obtain a business license, which shall be renewed annually;

2.

The home occupation shall employ no more than one person in addition to those who are residents of the dwelling;

3.

The home occupation shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, exhausts, or vibrations that carry beyond the premises;

4.

The home occupation shall have no advertising, display, or other indications of a home occupation on the premises;

5.

No storage or display of goods shall be visible from the outside of the structure;

6.

No highly explosive or combustible material shall be used or stored on the premises. No activity shall be allowed that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line;

7.

A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located;

8.

Merchandise shall not be offered for direct sale within the residence, accessory structure, or on-site;

9.

No commercially licensed vehicles over fourteen thousand five hundred pounds gross vehicle weight rating (GVWR) capacity shall be utilized in the business. No more than one type of commercially licensed vehicle under fourteen thousand five hundred pounds gross vehicle weight rating (GVWR) capacity shall be utilized in the business on the premises.

D.

Keeping of Family Pets.

1.

For single-family dwellings, the keeping of pets and domestic animals are subject to the following restrictions. Failure to comply with the requirements of this section is a class 4 infraction with a monetary penalty of twenty-five dollars ($25.00) or as otherwise specified by WMC Chapter 7.04.

a.

Animals including cattle, horses, goats, ponies, mule, sheep, donkeys, llamas, and miniature hoofed animals and pigs shall be regulated as follows:

i.

Horses, ponies, donkeys and cattle, one acre of open fenced land each. Each additional horse, pony or donkey requires an additional one-half acre of open fenced land;

ii.

Pigs, one-half acre of open fenced land each;

iii.

Sheep and llamas, one-quarter acre of open fenced land each;

iv.

Goats and miniature hoofed animals, three thousand square feet of open fenced land each;

v.

Density limits do not apply to weaning young;

vi.

Animals shall be completely enclosed by a fence not less than five feet tall, sufficient to confine the animals therein;

vii.

The minimum land area required to maintain any large animal shall be the sum of the required land areas listed above;

viii.

All stables and other buildings and all enclosures and premises upon which any such animals are kept and confined shall be kept in a clean, healthful, and sanitary condition; and

ix.

Animals shall be sheltered in weather protecting structures located at least fifteen feet from property lines.

b.

The keeping of roosters in any residential zone is prohibited.

c.

On lots less than ten thousand square feet, the keeping of not more than six poultry and four rabbits is permitted where poultry are defined as domesticated birds kept for the purpose of collecting eggs or the raising of meat and/or feathers.

d.

No more than four dogs, cats, miniature pigs or combination thereof four months or age or older per dwelling unit.

e.

Reserved.

f.

The number of small pets such as fish, birds, small rodents and reptiles that are typically kept indoors is not regulated by this chapter.

g.

The keeping of animals shall not violate nuisance pet animal regulations or other provisions of Chapter 7.04.

h.

Animals that contribute unusually excessive noise, such as crowing, braying or barking, must be housed in such a manner as to minimize their effects on neighbors.

i.

Animals shall not create a malodor that is detectable on adjoining lots.

2.

For multifamily dwellings, keeping of not more than two family pets that can be kept in the home, such as dogs, cats or other domestic or tamed animals which do not violate nuisance pet animal regulations or other provisions of Chapter 7.04 and are not vicious by nature is permitted. This list of two pets shall not include birds, fish, suckling young of a pet or other animals which at all times are kept inside a fully enclosed building or accessory building and which do not create an odor which is detectable on an adjoining lot or detectable within another multi-family dwelling unit. Animals that contribute unusually excessive noise must be housed in such a manner as to minimize their effects on neighbors. Failure to comply with the requirements of this section is a class 4 infraction with a monetary penalty of twenty-five dollars or as otherwise specified by WMC Chapter 7.04.

(Ord. 939 § 9 (part), 2000)

(Ord. No. 1212, § 1, 6-6-2011; Ord. No. 1249, § 3, 10-1-2012)