§ 21.40.100. R-8 rural residential district (large lot).  


Latest version.
  • The following statement of intent and use regulations shall apply in the R-8 district:

    A.

    Intent. The R-8 district is primarily designed to satisfy the needs of low-density residential development in areas where topographic or other natural conditions are such that higher-density development and the provision of public sewers and water would be unfeasible at any time. In addition to topography, some of the natural conditions which could exist to render land desirable for the densities proposed in this zone are wind hazards, marginal soils, landslide susceptibility, groundwater pollution and groundwater availability. A secondary use of the R-8 district is to allow for low-density residential development in areas where public sewers and water are unlikely to be provided in the foreseeable future and where higher-density development would exceed geological and hydrological capacities for safe and healthful human habitation unless these facilities are provided. An example of such a condition would be where higher-density development in certain water recharge areas, utilizing on-site sewage disposal systems, could pollute the groundwater supply in the immediate areas as well as in areas of lower elevation.

    Although the intent of this zone is to establish an average density throughout its area of geographical application which conforms to the lot area requirements of subsection F of this section, it is not the intent to establish that density uniformly throughout such areas of application. It is contemplated that there will be parcels in areas zoned R-8 which will have natural characteristics that would allow higher residential densities on those particular parcels with no adverse effect on the surrounding land. In these cases, the use of development techniques, such as clustering of lots of dwelling units, is accepted as being a permitted form of development. Where proposed development differs from the norm established in the specific requirements of this zone (including subsection F of this section) the planned unit development procedure will be the tool to be utilized in petitioning for the development pattern desired.

    B.

    Permitted principal uses and structures. Permitted principal uses and structures are as follows:

    1.

    Single-family dwellings and duplexes. By permit from the administrative official, a mobile home, or a motor home or other recreational vehicle with a fully operable self-contained sanitation system may be used on site as temporary living quarters for not more than 18 months while a permanent dwelling is being constructed or repaired. Only a single principal structure may be allowed on any lot or tract.

    a.

    The property owner or person intending to occupy the temporary living quarters during construction of the permanent dwelling shall secure a permit from the administrative official before a mobile home, or a motor home or other recreational vehicle is used on site as temporary living quarters. A permit issued under subsection 21.40.100B.1.a. shall not be renewed and only one administrative permit under subsection 21.40.100B.1.a. shall be issued for the same parcel within any ten-year period. The permit may be granted only upon the applicant's written certification, with attachments, that:

    i.

    The self-contained sanitation system is fully operable and shall be used with zero on-site discharge, including no on-site gray water discharge, except through an approved septic system; and

    ii.

    Site access is sufficient and shall be used to transport refuse and excess waste year-around for proper off-site disposal; and

    iii.

    Electrical utility service is on-site for use during the permit period and no generators shall be used; and

    iv.

    Proof of a current building permit or land use permit is attached; and

    v.

    If temporary connection to an on-site septic system is to be used, proof is attached that an approved septic system is in place.

    b.

    If a permanent dwelling is damaged by fire, earthquake or other natural cause to the extent that it is uninhabitable, a permit may be issued for occupancy of a mobile home, motor home or other recreational vehicle with a fully operable self-contained sanitation system, during the period that the structure is being rehabilitated or repaired, but in no event shall a permit be for a period greater than 18 months. A permit issued under subsection 21.40.100B.1.b. shall not be renewed. The administrative permit may be granted only upon the applicant's written certification, with attachments, that:

    i.

    The self-contained sanitation system is fully operable and shall be used with zero on-site discharge, including no on-site gray water discharge, except through an approved septic system; and

    ii.

    Site access is sufficient and shall be used to transport refuse and excess waste year-around for proper off-site disposal; and

    iii.

    Electrical utility service is on-site for use during the permit period and no generators shall be used; and

    iv.

    Proof of a current building permit or land use permit is attached; and

    v.

    If temporary connection to an on-site septic system is to be used, proof is attached that an approved septic system is in place.

    c.

    Only one mobile home, motor home or other recreational vehicle shall be permitted in use as temporary living quarters on any parcel of land during the construction or repair of a permanent dwelling. The motor home or recreational vehicle placement on the lot shall comply with the yard setbacks of the underlying zoning district.

    2.

    Child care homes facilities with one through eight children.

    3.

    Child care centers, subject to administrative site plan review as specified in the supplementary district standards.

    4.

    Adult care facilities with one through eight persons.

    5.

    Small residential care facilities.

    6.

    Churches, to include any place of religious worship, along with their accessory uses, including, without limitation, parsonages, meeting rooms and child care provided for persons while they are attending religious functions. Use of church buildings other than the parsonage for the purpose of housing or providing shelter to persons is not permitted except as otherwise allowed in this title.

    7.

    With a permitted non-residential use as a secondary and subordinate use and as specified in the supplementary district regulations, antennas without tower structures, type 1, 3, local interest towers and type 4 tower structures and antennas.

    8.

    Tower, high voltage transmission, maximum average tower height of 70 feet above ground level. The average height shall be determined by adding the heights from ground level of all towers in a project and dividing by the total number of structures. The result shall be the "average tower height."

    C.

    Permitted accessory uses and structures. Permitted accessory uses and structures are as follows:

    1.

    Home occupations, subject to provisions of the supplementary district regulations.

    2.

    Noncommercial greenhouses, gardens, storage sheds, garden sheds and toolsheds, private barbecue pits and workshops.

    3.

    Private garages.

    4.

    The outdoor harboring or keeping of dogs, animals and fowl in a manner consistent with the requirements of all titles of this Code. Paddocks, stables or similar structures or enclosures which are utilized for the keeping of animals other than dogs shall be at least 25 feet from an abutting neighbor's lot line. Alternatively, uncovered animal enclosures shall be at least 75 feet from residences existing at the date of adoption of this ordinance on abutting lots, or shall be at least ten feet from the abutting neighbor's lot line if the separation area is a vegetative buffer as per 21.45.125(C)(2).

    5.

    Private storage in yards of equipment including light trucks, boats, campers or travel trailers, in a safe and orderly manner and separated by a distance of 50 feet from any property line.

    6.

    Keeping honey bees, Apis mellifera, in a manner consistent with the requirements of all titles of this Code. Colonies shall be managed in such a manner that their flight path to and from the hive will not bring them into contact with people on adjacent property. To accomplish this, colonies shall be:

    a.

    At least 25 feet from any lot line not in common ownership; or

    b.

    Oriented with entrances facing away from adjacent property; or

    c.

    Placed at least eight feet above ground level; or

    d.

    Placed behind a fence at least six feet in height and extending at least ten feet beyond the hive in both directions.

    No more than four hives shall be placed on lots smaller than 10,000 square feet.

    7.

    Bed and breakfast with three or less guestrooms.

    8.

    Bed and breakfast with four guestrooms only by administrative site plan review.

    9.

    Large domestic animal facilities on sites 40,000 square feet or larger as accessory to a permitted residential use, subject to supplementary district standards.

    10.

    Fewer than four large domestic animals, subject to conformity with the requirements of titles 15, 17 and 21.

    11.

    Large domestic animal related businesses on lots larger than two acres, when the requirements of supplementary district regulation 21.45.350, subsections B through G are met.

    12.

    One small wind energy conversion system by administrative site plan review and subject to the requirements of section 21.45.410.

    D.

    Conditional uses. Subject to the requirements of the conditional use standards and procedures of this title, the following uses may be permitted:

    1.

    Planned unit developments.

    2.

    One to four single-family dwellings or duplexes which are intended to be developed on individual lots of 2.5 or five acres, respectively. Any contemplated development which includes more lots or units would be required to apply for approval as a planned unit development. Standards for this conditional use shall be as set forth in subsection A of this section, and, where applicable, as set forth in the standards for a residential planned unit development.

    3.

    Utilities substations.

    4.

    Certain nonresidential uses which are not intensive in nature such as repair shops, art studios, insurance and real estate offices, commercial nurseries, boarding kennels and veterinary clinics, and business and professional offices which, for some reason, do not meet the definition of a home occupation, provided that such uses are operated by a person living on the premises. In reviewing conditional use applications for these uses, the commission shall give primary consideration to the magnitude and intensity of such uses to ensure that their impact on the residential character of the area is minimal.

    5.

    Privately owned neighborhood community recreation centers in keeping with the character and requirements of the district, provided the center is oriented to a particular residential subdivision or housing project and that the uses within are delineated as conditions to approval.

    6.

    Bed and breakfast with five guestrooms.

    7.

    Roominghouses.

    8.

    Community interest and local interest towers that do not meet the supplementary district regulations.

    9.

    Large domestic animal facilities in excess of the standards established in 21.45.350C.

    10.

    Accessory structures for a large domestic animal facility in excess of the standards established in AMC 21.45.360.

    11.

    Tower, high voltage transmission, exceeding maximum average tower height of 70 feet. Towers exceeding the maximum average of 70 feet in height may be replaced with a like tower, or a shorter tower, without the requirement for a conditional use. When a road project or other public works project causes a utility to modify its existing facilities to accommodate the design of the public works project, a maximum of four structures of an existing transmission line may be replaced with structures exceeding the maximum average of 70 feet in height without the requirement for a conditional use.

    E.

    Prohibited uses and structures. The following uses and structures are prohibited:

    1.

    Quonset huts.

    2.

    Any use which causes or may reasonably be expected to cause excessive noise, vibration, odor, smoke, dust or other particulate matter, radiation, toxic or noxious matter, humidity, heat or glare at or beyond any lot line of the lot on which it is located. Operation of particle accelerator systems, including cyclotrons, is prohibited. The term "excessive" is defined for the purpose of this subsection as to a degree exceeding that generated by uses permitted in the district in their customary manner of operation, or to a degree injurious to the public health, safety, welfare or convenience.

    F.

    Minimum lot requirements.

    1.

    Except as provided in subsection 2 of this subsection, a lot shall have the following minimum area and width:

    Minimum Requirements*
    Lot Area
    Use Square
    Feet
    Acres Lot
    Width
    (feet)
    a. Single-family
    dwelling
    217,800 5.0 300
    b. Duplexes 326,700 7.5 300

     

    *Includes one-half of the area of abutting dedicated right-of-way.

    2.

    In a cluster housing development conforming to section 21.50.210, a lot that is not part of the common area shall have a minimum area and width in accordance with that section.

    G.

    Minimum yard requirements. Minimum yard requirements are as follows:

    1.

    Front yard: 25 feet.

    2.

    Side yard: 15 feet.

    3.

    Rear yard: 25 feet.

    H.

    Maximum lot coverage by all buildings. Maximum lot coverage by all buildings is five percent, provided that a cluster housing development under section 21.50.210 shall conform to the maximum lot coverage requirements of that section.

    I.

    Maximum height of structures. Except as otherwise provided in this title, no portion of a principal permitted structure shall exceed 35 feet in height. Accessory garages and carports which are not an integral part of the principal structure shall not exceed a maximum height of 30 feet. All other accessory buildings shall not exceed 25 feet in height.

    J.

    Signs. Signs may be allowed in connection with any permitted use, subject to the provisions of supplementary district regulations.

    K.

    Parking. Adequate off-street parking shall be provided in connection with any permitted use, as specified in section 21.45.080.

    L.

    Loading facilities. Where applicable, off-street loading facilities shall be provided in accordance with the provisions of the supplementary district regulations.

(GAAB 21.05.050.U; AO No. 77-355; AO No. 80-27; AO No. 81-67(S); AO No. 82-54; AO No. 85-21; AO No. 85-23; AO No. 85-28; AO No. 85-78; AO No. 86-90; AO No. 88-171(S-1), 12-31-88; AO No. 88-147(S-2); AO No. 98-53(S), § 4, 6-9-98; AO No. 99-62, § 12, 5-11-99; AO No. 2005-175, § 9, 1-10-06; AO No. 2005-178, § 10, 1-24-06; AO No. 2005-185(S), § 11, 2-28-06; AO No. 2005-124(S-1A), § 14, 4-18-06; AO No. 2006-121, § 5, 9-26-06; AO No. 2006-64(S-1), §§ 2, 3, 12-12-06; AO No. 2010-50(S), § 11, 8-31-10)