Skip to main content
Loading…
This section is included in your selections.

A. Use Table.

Residential Uses

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Adult family homes (1)

P

P

P

P

P

P

P

P

P

P

P

Domestic animals, keeping of (2)

P

P

P

P

P

P

Dormitories, fraternities and sororities (3)

C

C

C

P

P

P

P

P

P

P

Dwelling units, accessory (4)

P

P

P

P

P

P

Dwelling units, primary, one unit per structure, detached (“single-family”) (5)

P

P

P

P

P

P

Dwelling units, primary, two units per structure (“duplex”) (6)(16)

P (18)

P (18)

P (R 5,400a)

P (R 5,400d) (18)

P

P

P

Dwelling units, primary, three or more units per structure (“multifamily”) (6)

P (R 5,400a)

P

P

P

Family day care (7)

P

P

P

P

P

P

P

P

P

P

P

Home occupations (8)

P

P

P

P

P

P

Households of more than six unrelated persons (9)

Mobile home parks (10)

C

C

C

C

C

Mobile and/or manufactured homes, in mobile/manufactured home parks (10)

P

P

P

P

P

Nursing homes (11)(17)

C (R 7,200 only)

C

C

C

C

C

C

C

C

Residential care facilities (12)

P

P

P

P

P

P

Rooms for roomers or boarders (13)

P

P

P

P

P

P

Rooms for the use of domestic employees of the owner, lessee, or occupant of the primary dwelling (14)

P

P

P

P

P

P

Specialized senior housing (11)

C

C

C

C

C

C

C

Uses customarily accessory to permitted principal uses, including but not limited to garages, garden houses, tool sheds, playhouses or other play structures, greenhouses, swimming pools, and boat moorage (15)

P

P

P

P

P

P

P: Permitted Use

C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B. Development Conditions.

1. Adult family homes are permitted, subject to obtaining a state license in accordance with Chapter 70.128 RCW and the following:

a. Compliance with all building, fire, safety, health code, and city licensing requirements;

b. Conformance to lot size, setbacks, building coverage, hard surface coverage, and other design and dimensional standards of the zoning classification in which the home is located.

2. Keeping of animals shall not constitute a public nuisance which endangers the public health, safety or general welfare, in accordance with BMC Title 6, Animals. Suitable structures or fences shall be provided to restrain animals from leaving the premises. Animals other than and in excess of those permitted by this title shall require a conditional use permit. The raising and keeping of animals for agricultural purposes is regulated under BMC 12.06.030.

The following domestic animals are permitted in residential uses; provided, that hobby kennels or catteries and special hobby kennels or catteries may increase the number of adult dogs and cats, pursuant to Chapter 6.12 BMC:

a. Three or fewer adult dogs per dwelling unit;

b. Three or fewer adult cats per dwelling unit;

c. A total of three adult dogs or three adult cats per dwelling unit; provided, that any combination of adult dogs and adult cats shall not exceed four;

d. Three or fewer adult rabbits per dwelling unit;

e. The keeping of chickens shall comply with the following:

(1) The number of chickens allowed shall be based upon the following:

(A) No chickens may be kept on properties less than 5,000 square feet in area or on properties within the R 2,800, R 4,000, DT, DN, DC, GDC, 522 and R-AC zoning classifications, except for those properties within the aforementioned zones which contain one single-family residence may keep the number of chickens allowed herein;

(B) Up to five total adult chickens on properties of 5,000 to 7,200 square feet;

(C) Up to eight total adult chickens on properties of 7,200 to 35,000 square feet; and

(D) Up to eight total adult chickens on properties larger than 35,000 square feet plus one additional adult chicken for each 1,000 square feet of additional lot area beyond 35,000 square feet;

(2) Coops, sheds, or structures, including chicken tractors (small portable cages that are moved periodically), used to house chickens shall be set back per the accessory setback requirements of Chapter 12.14 BMC;

(3) Juvenile chickens, or chicks, less than 30 days old shall not be counted toward the total number of allowed adult chickens; and

(4) Adult roosters are prohibited;

f. Three or fewer adult non-chicken fowl per dwelling unit;

g. Gerbils, guinea pigs, hamsters, mice, caged birds;

h. Nonvenomous reptiles and amphibians;

i. Other animals normally associated with a dwelling unit, and which are generally housed within the dwelling unit;

j. In addition to the maximum number of adult animals permitted, offspring from females are permitted at any given time until those offspring are able to survive independently.

3. Dormitories, fraternities and sororities shall be permitted as accessory uses to public or private educational institutions or churches.

4. Accessory dwelling units are permitted when added to, created within, or detached from a dwelling unit subject to the restrictions in BMC 12.14.135.

5. Detached primary dwelling units, or single-family dwelling units, include site-built homes, type A manufactured homes and modular homes. Modular homes on individual lots shall incorporate design features of typical site-built homes including but not limited to modulation, articulation, sloped roofs, and wood siding or siding of a material which imitates wood.

6. In the R 5,400d zone, permitted primary dwelling units are detached single-family dwellings only except duplexes constructed pursuant to subsection (B)(18) of this section. In the R 5,400a zone, permitted primary dwelling units may include detached single-family dwellings, duplexes, and/or multifamily units, in accordance with subarea regulations.

7. Family day care is a permitted use, subject to obtaining a state license in accordance with Chapter 74.15 RCW and the following:

a. Compliance with all building, fire, safety, health code, and city licensing requirements;

b. Conformance to lot size, setbacks, building coverage, hard surface coverage, and other design and dimensional standards of the zoning classification in which the home is located;

c. Certification by the office of child care policy licensor that a safe passenger loading area, if necessary, is provided.

8. Home occupations are permitted subject to the following:

a. The home occupation shall be subordinate to the primary use of the premises as a dwelling unit.

b. All activities of the home occupation shall be conducted indoors.

c. The business shall be conducted by a resident of the dwelling unit plus no more than one additional person not residing in the dwelling unit.

d. Home occupations may have on-site client contact subject to the following limitations:

(1) All the activities of the home occupation shall take place inside the primary residential structure or accessory building;

(2) The home occupation shall generate no more than two vehicle trips per hour to the licensed residence, except that for one continuous three-hour period per month, the home occupation may generate up to 10 vehicle trips; and

(3) The home occupation shall not create a public nuisance as defined and regulated in Chapter 8.24 BMC.

e. The following activities shall be prohibited:

(1) Automobile, truck, boat and heavy equipment repair;

(2) Auto or truck body work or boat hull and deck work;

(3) Parking and storage of heavy equipment;

(4) Storage of building materials for use on other properties;

(5) Painting or detailing of autos, trucks, boats, or other items;

(6) The outside storage of equipment, materials or more than one vehicle related to the business;

(7) Vehicles larger than 10,000 pounds gross weight operated out of the premises or parked on the property or on adjacent streets; and

(8) Taxicab, van shuttle, limousine or other transportation services, except for office activities; provided all other requirements of this subsection concerning home occupations are met.

f. Home occupations shall not be allowed in accessory buildings within the rear yard setback, except when conducted in an accessory dwelling unit on an alley meeting all other setback provisions.

g. Home occupations in accessory buildings shall not permit noise to intrude into another residential property at a level at or above 45 decibels outside the hours of 7:00 a.m. through 6:00 p.m. Monday through Friday, and 9:00 a.m. through 5:00 p.m. on Saturday.

9. Households of more than six persons in which any one person is unrelated to any or all of the others are not permitted, except that the community development director may allow larger numbers of unrelated persons to live together in a household in two situations: through a grant of special accommodation, available only to domestic violence shelters as defined in BMC Title 11, Administration of Development Regulations, and through a grant of reasonable accommodation when necessary to comply with the provisions of the Federal Housing Act amendments, RCW 49.60.222, or RCW 35.63.220.

a. The director may grant special accommodation to individuals who are residents of domestic violence shelters in order to allow them to live together in groups of between seven and 15 persons in single-family dwelling units subject to the following:

(1) An application for special accommodation must demonstrate to the satisfaction of the director that the needs of the residents of the domestic violence shelter make it necessary for the residents to live together in a group of size proposed, and that adverse impacts on the neighborhood from the increased density will be mitigated.

(2) The director shall take into account the size, shape and location of the dwelling unit and lot, the building occupancy load, the traffic and parking conditions on adjoining and neighboring streets, the vehicle usage to be expected from residents, staff and visitors, and any other circumstances the director determines to be relevant as to whether the proposed increase in density will adversely impact the neighborhood.

(3) An applicant shall modify the proposal as needed to mitigate any adverse impacts identified by the director, or the director shall deny the request for special accommodation.

(4) A grant of special accommodation permits a dwelling to be inhabited only according to the terms and conditions of the applicant’s proposal and the director’s decision. If circumstances materially change or the number of residents increases, or if adverse impacts occur that were not adequately mitigated, the director shall revoke the grant of special accommodation and require the number of people in the dwelling to be reduced to six unless a new grant of special accommodation is issued for a modified proposal.

(5) A decision to grant special accommodation is a Type I action. The decision shall be recorded with the King or Snohomish County auditor.

b. When necessary to comply with the provisions of the Federal Fair Housing Act amendments, RCW 49.60.222, or RCW 35.63.220, the director may grant reasonable accommodation to individuals in order for them to live in a household of more than six persons, subject to the following:

(1) An applicant for reasonable accommodation must demonstrate to the satisfaction of the director that the special needs of the proposed residents makes it necessary for them to live in a household of the size proposed in order to have equal opportunity to use and enjoy a dwelling.

(2) The director shall determine what adverse land impacts, including cumulative impacts, if any, would result from granting the proposed accommodation. The director shall take into account the size, shape and location of the dwelling unit and lot, the building occupancy load, the traffic and parking conditions on adjoining and neighboring streets, the vehicle usage to be expected from residents, staff and visitors, and any other circumstances the director determines to be relevant as to whether the proposed increase in density will adversely impact the neighborhood.

(3) The director shall consider the applicant’s need for accommodation in light of the anticipated land use impacts, and the director may impose conditions in order to make the accommodation reasonable in light of those impacts.

(4) A grant of reasonable accommodation permits a dwelling to be inhabited only according to the terms and conditions of the applicant’s proposal and the director’s decision. If the director determines that the accommodation has become unreasonable because circumstances have changed or adverse land use impacts have occurred that were not anticipated, the director shall rescind or modify the decision to grant reasonable accommodation.

(5) A decision to grant reasonable accommodation is a Type I action. The decision shall be recorded with the King or Snohomish County auditor.

(6) Nothing herein shall prevent the director from granting reasonable accommodation to the full extent required by federal or state law.

10. Mobile and/or (type B) manufactured homes are allowed only in mobile/manufactured home parks developed in accordance with Chapter 12.08 BMC.

11. See BMC 12.04.035, Specialized Senior Housing Overlay (SSHO) zoning classification; Chapter 12.10 BMC, Specialized Senior Housing and Nursing Homes, and BMC 12.66.060, Specialized Senior Housing Overlay in the vicinity of the Northshore Senior Services Center – R 9,600, SSHO zoning.

12. Residential care facilities means facilities which care for at least five but not more than 15 functionally disabled persons, and which are not licensed as an adult family home pursuant to Chapter 70.128 RCW. Residential care facilities are subject to the following:

a. Compliance with all building, fire, safety, health code, and state and city licensing requirements;

b. Conformance to lot size, setbacks, building coverage, hard surface coverage, and other design and dimensional standards of the zoning classification in which the home is located;

c. A safe passenger loading area shall be provided, if determined necessary by the director.

13. The number of roomers or boarders plus persons in the resident family shall not exceed six, except as provided in subsection (B)(9) of this section.

14. If such rooms meet the definition of a dwelling unit, the requirements for accessory dwelling units shall be met.

15. Accessory buildings shall be limited to a maximum building coverage of five percent as established in BMC 12.14.030. Garages and carports located in R 8,400, R 7,200, R 5,400d, R 5,400a, R 4,000 and R 2,800 zoned properties may exceed the five percent coverage limitation provided the garage or carport does not exceed 480 square feet in area. Accessory buildings shall be consistent with BMC 12.14.130 which addresses accessory building height and design.

16. Except when a duplex is constructed pursuant to subsection (B)(18) of this section, duplexes shall be permitted on individual lots within specific subareas only when such duplexes are used to satisfy the affordable housing requirements of Chapter 12.07 BMC. Duplexes installed to meet affordable housing requirements may be exempt from the side yard setback provisions for the common wall(s) between the duplex units; provided, however, that all duplex structures shall be consistent with all setbacks from exterior property lines pursuant to BMC 12.14.030.

17. Nursing homes in R 5,400 and R 7,200 zones are subject to the following conditions:

a. Nursing homes are only allowed on parcels of four acres or more.

b. Vehicular access to nursing homes must be from arterial streets only. Where secondary access for emergency vehicles is required, the secondary access may be from nonarterial streets provided the access is restricted to emergency vehicles only.

c. Nursing homes adjacent to single-family zones must have a minimum 25-foot setback including a minimum 10-foot Type II landscape buffer.

18. Duplexes are allowed on corner lots in all residential zones. The following incentives apply when a corner-lot duplex is created by retaining and renovating an existing dwelling unit:

a. Legally established nonconforming building setbacks and height can be matched in any building addition or expansion necessary to convert the existing dwelling unit to a duplex; and

b. Maximum building coverage set forth in BMC 12.14.030(A) can be increased by 10 percent; and

c. Maximum hard surface coverage set forth in BMC 12.14.030(A) can be increased by 10 percent. (Ord. 2348 § 3, 2021; Ord. 2284 § 1, 2019; Ord. 2258 § 1, 2018; Ord. 2255 § 2, 2018; Ord. 2252 § 3, 2018; Ord. 2200 § 2 (Exh. B), 2016; Ord. 2171 § 3 (Exh. C), 2015; Ord. 2141 § 2 (Exh. B), 2014; Ord. 2140 § 2 (Exh. B), 2014; Ord. 2043 § 2 (Exh. B), 2010; Ord. 1995 § 1, 2008; Ord. 1957 § 1 (Exh. B), 2006; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1871 § 1, 2002; Ord. 1817 § 1, 2000; Ord. 1815 § 1, 2000; Ord. 1685, 1997; Ord. 1661 § 1, 1996; Ord. 1629 § 1, 1996).