Title 19 ZONING
Chapter 19.15 RS SINGLE-FAMILY BUILDING ZONES
19.15.010 Established.
19.15.020 Primary permitted uses.
19.15.030 Accessory permitted uses.
19.15.040 Secondary permitted uses.
19.15.050 Conditional property uses.
19.15.060 Height, area, setback and bulk requirements.
19.15.065 Residential design criteria.
19.15.070 Fences.
19.15.080 Front yard use.
19.15.010 Established.
Three single-family zones are established:
|
Zone
|
Minimum Lot Size
|
Maximum Density
|
|
RS-100
|
10,000 square feet
|
4 DU/acre
|
|
RS-84
|
8,400 square feet
|
4.5 DU/acre
|
|
RS-72
|
7,200 square feet
|
5 DU/acre
|
Existing lots may be developed even though they do not meet the size
requirements of single-family zones. Future land divisions must meet the area
requirements specified in the zone; provided however, that Title 18,
Subdivisions, provides for methods of subdivision resulting in lots of different
sizes. (Ord. 1292 § A(part), 2007).
19.15.020 Primary permitted uses.
A. The primary land uses permitted in the single-family zones are
detached, site-built single-family dwellings and new manufactured homes as
defined in Section 17.01.030 of the Lynden Municipal Code.
B. Mobile homes
as defined in LMC Section 17.01.030 are prohibited. (Ord. 1292
§ A(part), 2007).
19.15.030 Accessory permitted uses.
Accessory permitted uses in the single-family zones are as
follows:
A. Private garages. No detached garage or accessory building shall
exceed one thousand square feet of inside floor area or ten percent of the lot
area, whichever is greater; provided however, that the floor area of the
accessory building does not exceed the floor area of the primary residence or
three thousand square feet, whichever is more restrictive;
B. Carports for
no more than three vehicles, but only if the lot does not have
garages;
C. Lots greater than or equal to ten thousand square feet may store
up to two recreational vehicles on the lot; provided however, they are not
stored in the front yard and meet the requirements of Section
19.31.020(B);
D. Tool shed, satellite dish, outdoor patios and outdoor
fireplaces;
E. Mobile storage units or shipping containers are permitted for
use during construction but must be removed within thirty days of final
occupancy of the primary residence. No units greater than eight feet by ten
feet are permitted in residential zones, other than during construction or for a
period of up to thirty consecutive days within a six-month period to facilitate
the moving in or moving out of a residence. Units eight feet by ten feet or
smaller may be placed on a lot for not more than six months during any two-year
period and must be located in the rear yard;
F. Private swimming pools, as
provided in the International Building Code adopted pursuant to Chapter 15.02 of
the Lynden Municipal Code and subject to LMC Section 19.37.090;
G. Accessory
dwelling unit (ADU) on the following conditions:
1. Only one ADU per
detached single-family residence. ADU’s are not permitted as part of any
other housing type,
2. An ADU is limited to a maximum of six hundred square
feet or forty percent of the square footage of the primary residence, whichever
is smaller,
3. The ADU must be attached to the primary structure and must be
of the same construction type as the primary structure,
4. Only one entrance
for the entire primary structure and ADU combined shall be visible from the
primary street. Additionally, there must be an interior door to access the ADU
from the primary structure,
5. One parking space, in addition to those
required for the single-family residence, will be required for the
ADU,
6. No more than one bedroom shall be located within an ADU,
7. The
primary residence or the ADU must be owner-occupied. A perpetual covenant
against the property, approved by the planning department must be signed by the
owner and recorded which specifies this requirement. (Ord. 1292
§ A(part), 2007).
19.15.040 Secondary permitted uses.
Secondary permitted uses in the single-family zones are as
follows:
A. Hobby shops, relating to the hobbies of the occupants of the
home and not operated for production and sales purposes;
B. Greenhouses
operated by the occupants, provided the products will not be offered for retail
sale on the premises;
C. Home occupations. See Chapter
19.57;
D. Gardening and fruit growing not for commercial
sale;
E. General farming, which does not include the commercial feeding of
livestock, if the zoning lot is five acres or more in size and meets the
requirements outlined in Chapter 19.39 of this code;
F. Family day care
centers for up to eight individuals, not including the residents of the dwelling
unit;
G. Parks and playgrounds;
H. Adult family homes and residential
care facilities, up to six adults, when approved by the Washington State
Department of Social and Health Services (DSHS). (Ord. 1292
§ A(part), 2007).
19.15.050 Conditional property uses.
The following property uses may be permitted in single-family zones by
conditional use permit when recommended by the planning commission and approved
by the city council. The conditional use permit may authorize height variations
for public buildings, utility sub-stations, schools and churches.
A. Public
buildings and utility sub-stations;
B. Club facilities that are directly
related to home development such as community swimming pools, privately owned
athletic facilities and other similar improvements directly related to
residential areas;
C. Day care facilities for more than eight people with
the maximum number of individuals to be determined as part of the conditional
use permit process;
D. Churches, provided that the lot coverage does not
exceed thirty-five percent, the front yard be landscaped and all other parking
and landscaping requirements are met;
E. Schools;
F. Bed and breakfast
establishments. (Refer to Section 19.49.030.) (Ord. 1292 § A(part),
2007).
19.15.060 Height, area, setback and bulk requirements.
The following table and text provides regulations for height, area,
setback and bulk requirements:
|
Zone
|
Minimum Lot Size (sq. ft.)
|
Lot Coverage
|
Height
|
Yard Setbacks in Feet Additional setback
information follows in text.
|
|
Side Yard
|
|
Feet
|
Story
|
Front
|
Rear
|
Minimum
|
Total
|
|
RS-100
|
10,000
|
35%
|
32
|
2
|
20
|
30
|
5
|
20
|
|
RS-84
|
8,400
|
35%
|
32
|
2
|
15
|
30
|
5
|
20
|
|
RS-72
|
7,200
|
35%
|
32
|
2
|
15
|
30
|
5
|
15
|
A. All setbacks are measured from the property line to the furthest
projection of the structure; including eaves. It is the property owner’s
responsibility to have the property lines clearly marked for
inspection.
B. On any lot, the minimum distance between the garage door and
the property line or access easement parallel to the garage door must be
twenty-five feet.
C. An attached garage may be built as close as five feet
to the side property line provided the living area setbacks total twenty feet
(fifteen feet in the RS-72 zone), from the furthest projection to the side
property line.
D. On corner lots in the RS-72 zone, one of the corners may
be considered as a side yard, provided that the yard considered as a side yard
shall not be less than ten feet.
E. On corner lots in all other residential
zones, the side yard setback adjacent to the street must be a minimum of fifteen
feet.
F. On corner lots, the primary pedestrian entrance to the building
shall be from the designated front yard. However, the primary pedestrian
entrance and address may be oriented to the designated side yard if both side
yard setbacks are fifteen feet from property line to living area.
G. The
side yard used for a driveway shall not be less than ten feet in
width.
H. To be considered a “detached” structure, the minimum
distance between two structures shall be six feet measured from foundation to
foundation with no projections greater than eighteen inches.
I. A detached
accessory structure or tool shed may not be built closer than five feet to the
side or rear property line including property lines abutting alleys. Accessory
structures on corner lots shall not be permitted nearer than fifteen feet to the
side property line adjacent to the street. The maximum height for all accessory
structures shall be twelve feet, except for detached garages as noted
below.
J. The maximum height of any detached garage that is serving as the
primary garage shall be eighteen feet, provided however that the setback shall
be a minimum of five feet from the side and rear property line, the roof pitch
and siding shall be consistent with the primary structure on the lot, there is
no living space within the building and the height of the building does not
exceed the height of the primary structure.
K. The maximum height of any
secondary garage or shop shall be eighteen feet, provided however that the
structure is set behind the rear line of the house, the roof has a minimum 4:12
pitch, there is no living space within the building and the height of the
building does not exceed the height of the primary structure.
L. The height
of any building is measured from the approved average grade level as defined in
Section 17.01.030 to the highest point of a structure; provided that
appurtenances such as television antennas and chimneys are not considered part
of the height.
M. On lots greater than ten thousand square feet in size, the
height of a residential structure may be increased one foot for every two feet
in increased setback distance beyond the minimum setback on both side yards and
the front yard, to a maximum height increase of five feet, or total height of
thirty-seven feet.
N. Uncovered wood decks and raised concrete patios not
over twenty-four inches above grade at any point may be permitted within
eighteen feet of the rear property line and five feet of the side property line.
Deck privacy screening or fencing shall not be higher than eighty-four inches
above the lowest grade. (Ord. 1292 § A(part), 2007).
19.15.065 Residential design criteria.
All residential dwelling units must meet the following design criteria
unless varied by the design review board as provided under Section
19.45.035:
A. All dwellings must be placed on a permanent foundation and the
space between the foundation and the bottom of the home must be enclosed by
concrete or approved concrete products.
B. All dwellings shall be oriented
on the lot, so that the primary pedestrian entrance faces the street or access
easement.
C. The primary roof line must have a minimum of a 4:12 pitch.
This is not applicable to re-roofing or additions to existing
structures.
D. Roofing materials shall be wood shingle or shake,
composition, asphalt laminate, clay or architectural metal. Exposed fastener
corrugated metal or corrugated fiberglass roofing is not permitted.
E. Eaves
and gable ends must be a minimum of twelve inches. This is not applicable to
re-roofing or additions to existing structures.
F. The exterior of the home
must be finished with a minimum of two types of materials. Exposed fastener
metal siding is prohibited on residential buildings. (Ord. 1292
§ A(part), 2007).
19.15.070 Fences.
See Chapter 19.63.
(Ord. 1292 § A(part), 2007).
19.15.080 Front yard use.
A. Front yards shall be used for ornamental purposes only. No storage
sheds, portable storage tents, temporary canopies or other similar structures
may be located within the front yard; provided however that portable canopies or
tent structures may be used during events or yard sales, but must be removed
within seventy-two hours of the sale or other event.
B. No fences, growth or
other obstruction over three feet in height above the curb grade shall be
allowed within the clear vision triangle.
C. Front yard setbacks may not be
used for the storage of boats, campers, or any recreational vehicle. (Refer to
Section 19.31.020(B).) (Ord. 1292 § A(part), 2007).
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