Chapter 19.17 RM MULTIFAMILY BUILDING ZONES

	ZONE
	RM-1	RM-2	RM-3	RM-4
Single-family dwelling unit	P	P	P	P
Duplex units	P	P	P	P
Three or four units per building	N	P	P	P
More than four units per building	N	N	P	P
New manufactured homes as defined in Section 17.01.030 of the Lynden Municipal Code	P	P	P	P
Mobile homes as defined in LMC Section 17.01.030	N	N	N	N

Accessory permitted uses in the multifamily zones are as follows:
A. Private garages for single-family residences: see Section 19.15.030;
B. Multifamily dwelling units: private garages for no more than three vehicles per dwelling unit. Carports and garages may be allowed subject to the requirements of Chapter 19.51. Detached garages, larger than one thousand square feet, may be allowed for multiple-family structures over four dwelling units, and may be located within the front yard providing that they meet setback requirements and design review board approval;
C. Tool shed, satellite dish, outdoor patios and outdoor fireplaces;
D. 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;
E. 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;
F. 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,
8. A perpetual covenant against the property approved by the planning department must be signed by the owner and recorded which specifies this requirement;
G. Recreation areas for occupants;
H. Mixed uses may be allowed in RM-4 if the use is for the benefit of the occupants only. Such uses include food service or dining room, nursing services, and laundry facilities. (Ord. 1292 § C(part), 2007).

Secondary permitted uses in the multifamily 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 § C(part), 2007).

The following property uses may be permitted in multifamily zones by conditional use permit when recommended by the planning commission and approved by the city council.
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. Nursing home and assisted living facilities as defined in RCW 74.39A.009;
E. Bed and breakfast establishments (see Section 19.49.030);
F. Churches, provided that the lot coverage does not exceed thirty-five percent, the front yard is landscaped and all other parking and landscaping requirements are met;
G. Schools;
H. Community service facilities operated by a registered non-profit organization providing services to the community such as food banks, outpatient counseling services, and church-related or outreach ministries. This use is subject to the following conditions in addition to the conditional use criteria established under Section 19.49.020.
1. The use is limited to the RM-4 zones.
2. This use specifically excludes retail sales and any facilities offering inpatient treatment, inpatient counseling, or inpatient rehabilitation.
3. The maximum lot coverage for the proposed facility shall not exceed thirty percent.
4. All parking and landscaping requirements shall be met. (Ord. 1292 § C(part), 2007).

Zone	Min. Lot Size (sq. ft.)	Lot Coverage	Open Space Required	Height	Yard Setbacks in Feet
Side Yard
				Feet	Story	Front	Rear	Minimum	Total
RM-1	7,200	35%	7.5%	32	2	20	30	5	20
RM-2	7,200	40%	7.5%	32	2	20	30	5	20
RM-3	7,200	40%	7.5%	32	2	20	30	12	25
RM-4	1 Acre	45%	7.5%	32	2	20	30	15	30

Zone	Square Feet Required for First Unit	Square Feet Required for Additional Units	Maximum Units/ Building
RM-1	6,000	2,000	2
RM-2	6,000	2,000	4
RM-3	6,000	2,500	12
RM-4	6,000	1,650 for units 2-24	50
		1,400 for each additional unit

C. For the purposes of this chapter open space is as defined in Section 19.29.080(C) of the Lynden Municipal Code.
D. Lot coverage may be increased by one percent for each ten percent of the required off-street parking that is located beneath portions of the multiple-family dwelling units which are intended to be occupied by residents or used as hallways or meeting rooms.
E. 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.
F. 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.
G. 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 property line.
H. 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.
I. On corner lots in all other residential zones, the side yard setback adjacent to the street must be a minimum of fifteen feet.
J. 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.
K. The side yard used for a driveway shall not be less than ten feet in width.
L. 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.
M. A detached accessory structure or garden 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.
N. 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.
O. 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.
P. 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.
Q. 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.
R. 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 § C(part), 2007).

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 § C(part), 2007).