Title 19 ZONING
Chapter 19.16 RESIDENTIAL MIXED DENSITY ZONE
19.16.010 Purpose and intent.
19.16.020 Permitted uses.
19.16.030 Accessory permitted uses.
19.16.040 Secondary permitted uses.
19.16.050 Conditional property uses.
19.16.060 Development requirements.
19.16.070 Setback, lot coverage and height requirements.
19.16.080 Residential design requirements.
19.16.085 Subdivision design guidelines.
19.16.090 Fences.
19.16.100 Front yard use.
19.16.010 Purpose and intent.
The purpose of creating the residential mixed density zone (RMD) is to
meet the stated goals of the comprehensive plan by allowing increased
residential density to be integrated within single-family neighborhoods within
the community.
The intent in the creation of this zone is to allow a
creative mixture of housing styles and types. Development of this area should
focus on maintaining the aesthetic quality of the city in general and the
neighborhood in particular by providing for architectural diversity, adequate
landscaping and open space. (Ord. 1292 § B(part), 2007).
19.16.020 Permitted uses.
Permitted uses in the residential mixed density zone are as
follows:
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Type of Unit
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Minimum Lot Size
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Single-family detached unit
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7,200 square feet
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Single-family attached unit
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4,000 square feet
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Duplex unit
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8,000 square feet
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Triplex unit
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10,000 square feet
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A. Lots designated for use for other than single-family dwellings may
not use the provisions for lot size reduction or lot averaging listed within
Title 18 of this code.
B. Only one residential structure may be constructed
per parcel; provided however, that more than one residential structure per
parcel may be permitted for a mixed residential condominium development that
meets all other provisions of LMC Chapter 19.16 and upon city approval of a
binding site plan under Chapter 18.24 of the Lynden Municipal Code.
C. The
minimum lot or parcel size for detached mixed residential condominium
development within the RMD zone is one acre.
D. Detached units may be either
site-built single-family dwellings or new manufactured homes as defined in
Section 17.01.030 of the Lynden Municipal Code.
E. Mobile homes as defined
in LMC Section 17.01.030 are prohibited. (Ord. 1292 § B(part),
2007).
19.16.030 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 greater;
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;
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
§ B(part), 2007).
19.16.040 Secondary permitted uses.
Secondary permitted uses in the residential mixed density zone 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
§ B(part), 2007).
19.16.050 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);
G. Manufactured home parks or
subdivisions subject to the development objectives of the applicable sub-area
plan. (Ord. 1292 § B(part), 2007).
19.16.060 Development requirements.
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1. Maximum density
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8 units per net acre of land area.
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2. Unit distribution
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a. New developments must designate a minimum of fifty percent of the lots
as detached single-family residences.
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b. On all parcels greater than five acres in size as of the date the
ordinance codified in this chapter is adopted, a minimum of 10% of the lot shall
be designated as other than detached single-family units.
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c. Each lot shall have the proposed number of units to be permitted on the
lot designated on the plat prior to preliminary plat approval. A building
permit applicant may choose to reduce the actual number of units constructed on
the lot, but may not increase the number of units without amending the
plat.
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d. Identical or reversed house plans may not be constructed within three
contiguous lots fronting the same side of the street unless the overall plan has
been approved by the design review board.
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e. No more than four attached single-family units or two multifamily
buildings may be placed side by side or back to back.
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3. Transition requirements
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a. Lots developed immediately adjoining a different single-family
residential zone shall not be less than 80% of the minimum lot size of that
adjoining zone.
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b. Lots developed immediately adjoining a different single-family
residential zone shall be designated for the same single-family detached use as
required in that adjoining zone.
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A. For the purpose of this section, “net land area” means
the gross acreage within a parcel minus all development requirements, designated
critical areas and their buffers.
B. For the purpose of this section,
properties that are separated from another single-family residential zone by an
arterial street are not immediately adjoining said zone. (Ord. 1292
§ B(part), 2007).
19.16.070 Setback, lot coverage and height requirements.
The following table and text provides regulations for height, area,
setback and bulk requirements:
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Lot coverage
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35%
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Height
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32 feet and two stories
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Front/rear yard setback
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Total
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45 feet to living area
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Front yard setback
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15 feet minimum--25 feet to garage
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Rear yard setback
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25 feet minimum to living space
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15 feet minimum to garage if attached to the living area
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Side yard setback
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Minimum
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5 feet1
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Total setback
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20 feet
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1 For attached single-family units, the minimum side yard
setback on the external wall is ten feet to living area.
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, from the furthest projection to the property
line.
D. On corner lots, the side yard setback adjacent to the street must
be a minimum of fifteen feet.
E. 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.
F. The side yard used for a driveway shall not be less than ten feet
in width.
G. 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.
H. 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
closer than fifteen feet to the side property line adjacent to the abutting
street. The maximum height for all accessory structures shall be twelve feet,
except for detached garages as noted below.
I. 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 rear
and side property lines, 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 accessory building does not exceed the height of the primary
structure.
J. 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.
K. 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.
L. 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.
M. 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
§ B(part), 2007).
19.16.080 Residential design requirements.
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.
G. All units other than
a detached single-family residence shall be subject to review and approval by
the design review board.
H. No more than fifty percent of the lineal
frontage of the building elevation may be occupied by garage doors. For the
purposes of this section, a set of garage doors serves one dwelling unit and
means one double garage door or two single garage doors separated by less than
five feet.
I. Only one set of garage doors may face the street unless the
garage doors are setback from the living area a minimum of ten feet.
J. All
parking requirements of LMC Section 19.51.040 must be met on site. (Ord. 1292
§ B(part), 2007).
19.16.085 Subdivision design guidelines.
Chapter 18.14 of the Lynden Municipal Code provides minimum plat design
requirements. In addition to those requirements, the following are specific
design recommendations intended to improve the aesthetic design of the
subdivision as a whole. The items below are not meant to be exhaustive and
developers are encouraged to incorporate other creative design elements within
the project.
A. It is desirous that lot sizes and lot frontage widths are
included and intermixed in the design of the subdivision to provide more street
interest and potential for varying house designs.
B. Curvilinear streets
with connectivity are encouraged to provide a varied approach to the housing
units. (Ord. 1292 § B(part), 2007).
19.16.090 Fences.
See Chapter 19.63.
(Ord. 1292 § B(part), 2007).
19.16.100 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, as defined at LMC Section
17.01.030.
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 § B(part), 2007).
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