21.42.110 Limitations on use | Lynnwood Municipal Code

21.42.110 Limitations on use.

A. Agricultural and Horticultural Activities. Agricultural and horticultural activities, including plant nurseries, must be devoted to the raising of plants. No structures, uses, or accessory uses or structures are permitted, except those specifically authorized by the conditional use permit. Agricultural and horticultural activities, including plant nurseries, which are less than one acre in size are permitted uses. Agricultural and horticultural activities, including plant nurseries, which are one acre or more in size require a conditional use permit.

B. Public Utility Facilities. Public utility facilities necessary for the transmission, distribution or collection of electric, telephone, wireless communication, telegraph, cable television, natural gas, water, and sewer utility services, excluding sewer treatment plants, offices, repair shops, warehouses, and storage yards shall be subject to the following additional standards:

1. Such facilities shall not be injurious to the neighborhood or otherwise detrimental to the public welfare;

2. The applicant shall demonstrate the need for the proposed public utility facility to be located in a residential area, the procedures involved in the site selection and an evaluation of alternative sites and existing facilities on which the proposed facility could be located or co-located;

3. A site development plan shall be submitted showing the location, size, screening and design of all buildings and structures, including fences, the location, size, and nature of outdoor equipment, and the location, number, and species of all proposed landscaping;

4. The facility shall be designed to be aesthetically and architecturally compatible with the natural and built environment. This includes, but is not necessarily limited to, building design and the use of exterior materials harmonious with the character of the surrounding neighborhood and the use of landscaping and privacy screening to buffer the facilities and activities on the site from surrounding properties. Any equipment or facilities not enclosed within a building (e.g., towers, transformers, tanks, etc.) shall be designed and located on the site to minimize adverse impacts on surrounding properties;

5. All wireless communications facilities shall comply with national, state or local standards, whichever is more restrictive, in effect at the time of application, for non-ionizing electromagnetic radiation;

6. The applicant shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights. If additional height over that allowed in the zone is justified it may be approved by the city;

7. The applicant shall include an analysis of the feasibility of future consolidated use of the proposed facility with other public utility facilities.

C. Provided, that this subsection shall not apply to utility facilities located on a property which are accessory to the residential use of that property or to the transmission, distribution or collection lines and equipment necessary to provide a direct utility connection to the property or neighboring properties, or to those utility facilities located on public rights-of-way, nor shall it apply to utility facilities installed within new subdivisions, which shall be evaluated prior to plat approval and do not require a separate conditional use permit.

D. Park and Pool Lots. Park and pool lots may be permitted by conditional use permit. In considering an application for such a use, the hearing examiner shall review all impacts of the proposed use upon the surrounding neighborhood including, but not limited to, location, traffic, displacement of required stalls, noise, hours of operation, ingress and egress, signage, parking lot illumination, and aesthetic impacts. In single-family zones, park and pool lots should not be the principal use of a property, but an accessory use to a permitted or conditional use in that zone. The applicant for such a permit shall submit a site plan indicating:

1. The property boundaries;

2. The location of all buildings on the site with the floor areas of each use indicated;

3. The location and dimensions of all existing or proposed parking stalls, including the designation of those to be available to park and pool users; and

4. The location and type of all existing or proposed landscaping.

The applicant shall also submit drawings of proposed signage and an analysis of the parking demand of any existing uses on the site and the anticipated demand by park and pool users.

1. Considerations. Child day-care centers may be permitted by issuance of a conditional use permit. Before approval or denial of an application, the hearing examiner will consider the need for the activity in the area and all possible impacts in the area including but not limited to the following:

a. Any adverse or significant changes, alterations or increases in traffic flow that could create a hazardous situation as either a direct or indirect result of the proposed activity;

b. Any abnormal increase in demand for any public service, facility or utility;

c. The size, location, and access of the proposed site; and

d. Any adverse effects on the standard of livability to the surrounding area.

2. Requirements. In any case, the approval of the conditional use permit shall include the following requirements:

a. The applicant must be state-licensed before the operation of the facility;

b. Adequate off-street parking must be provided;

c. All outdoor play areas must be fenced with a minimum of 800 square feet plus an additional 80 square feet per additional child over 10;

d. Site and sound screening standards for the outdoor play area must be met;

e. The applicant must provide off-street access to the facility from the public right-of-way for the purpose of pickup and delivery of children;

f. The applicant must indicate the ages of the children to be cared for;

g. See LMC 21.16.290(A) for sign regulations.

F. Manufactured Home Developments. Permitted under the provisions for planned unit developments. See Chapters 21.30 and 21.70 LMC.

G. Accessory Dwelling Units. Accessory dwelling units shall be permitted subject to the provisions of this subsection.

a. To provide the opportunity for resident homeowners to enjoy companionship and security from tenants while maintaining the privacy of a single-family residence;

b. To create additional affordable housing in Lynnwood;

c. To allow a property owner to continue to reside in a neighborhood after a lifestyle change, in particular, by having the opportunity to receive rental income;

d. To develop housing that is appropriate to smaller households; and

e. To protect neighborhood stability, property values, and the appearance and character of single-family neighborhoods by regulating the installation and use of accessory dwelling units and by ensuring that properties continue to be owner-occupied.

2. Permitted Zones. Attached ADUs shall be permitted in the RS-7 and RS-8 zones. Detached ADUs shall only be permitted in the RS-8 zone.

3. Number. A maximum of one ADU shall be permitted on a lot. A lot cannot have both an attached and a detached ADU.

4. Location. Attached ADUs may be added to or within the principal residence in compliance with the RS-7 or RS-8 development standards. Detached ADUs are required to meet all development standards for the RS-8 zone and shall be located only in the rear yard.

The unit may be created by either building new habitable space or by converting existing habitable space, or by a combination of new construction and conversion.

5. Development Standards. Any new construction shall meet all the development standards for the applicable zone, except as modified by this section, and shall comply with all applicable city codes, including but not limited to required setbacks and the requirements of the adopted building, electrical, fire, mechanical and plumbing codes. Only one electric meter, and one water meter, shall be allowed for the entire parcel, serving both the primary unit and the detached ADU.

6. Size. The maximum gross floor area shall be 800 square feet or 40 percent of the habitable square footage of the primary unit, whichever is less. A maximum of one bedroom shall be provided for units less than 600 square feet in size; a maximum of two bedrooms shall be provided for units 600 square feet or greater in size. When calculating the square footage of the unit, covered exterior elements such as decks and porches will not be included. The total size of all such covered exterior elements shall not exceed 200 square feet and the design shall be consistent with the primary dwelling unit.

7. Design. The ADU/DADU shall be designed so that the appearance of the building containing the principal residence remains that of a single-family residence. At a minimum, the plans for the unit shall conform to the following guideline: the ADU/DADU shall match the exterior materials and design of the principal residence, and the pitch of the roof of the ADU/DADU should match that of the principal residence, as much as practical. Any new landscaping should conform with or improve existing landscaping.

8. Screening. The entrance(s) to an attached ADU shall be located in such a manner as not to appear as a second primary entrance to the structure which encompasses the principal residence. For an attached ADU, only one primary entrance shall be permitted; a second street-facing entrance may be permitted if it is sufficiently screened from view using either fencing, landscaping, or a combination thereof.

9. Parking. One off-street parking space, having minimum dimensions of nine feet by 17.5 feet (standard vehicle parking), shall be provided for studio and one-bedroom units and two off-street parking spaces shall be provided for two-bedroom units, in compliance with Chapter 21.18 LMC. Such parking shall be in addition to the two parking spaces required for the main residence; provided, that if at the time of the ADU application the property is nonconforming as to parking for the main residence, the applicant shall not be required to correct that nonconformity as a condition of approval of the ADU application. Parking shall be paved in conformance with standard city requirements and made to appear as one driveway servicing the primary residence. Parking may be located in a garage, carport, or in an off-street area reserved for vehicle parking. Parking may be located in tandem with parking spaces for the primary unit. Only one driveway may be used to meet the parking requirement. Parking may not encroach into any portion of the front setback, or the public or private right-of-way (including any landscaped portion).

10. Accessibility. In order to allow for barrier-free accessible design, the development and business services director may allow for reasonable deviations from the requirements of this section to install features or facilities that facilitate accessibility. Such features or facilities shall comply with the city’s building and fire codes, more particularly with the requirements for a Type A unit as referenced by the adopted standards of Chapter 16.04 LMC.

11. Owner Occupancy. The property owner (title holder or contract purchaser) must occupy either the primary dwelling unit or the accessory dwelling unit as their permanent residence. Owners shall sign and record with Snohomish County an affidavit in a form acceptable to the city attesting to their occupancy.

12. Permitting. No construction permit or occupancy permit for any structure or other improvements for an ADU or DADU shall be issued until and unless a permit for the unit is approved and recorded pursuant to this subsection.

a. Application and Fee. The property owner shall submit an application for an ADU or DADU permit to the development and business services director, including plans for creating the ADU (including design plans for any new construction), evidence of current ownership (or purchase contract), certification of owner occupancy, payment of related fees and costs as set forth in Chapter 3.104 LMC, and such other information as the director may require in order to determine whether the application conforms with city requirements.

b. Action. The development and business services director shall approve the application and issue an ADU permit if he/she finds that the application conforms with the requirements of this section and other applicable sections of this code. The application shall be exempt from the following procedure:

i. Notice of impending decision, LMC 1.35.330.

c. Validity. Any ADU permit issued pursuant to this section shall be issued only to the property owner and shall be valid only so long as the permit holder owns the property in title or as a contract purchaser. Such permit shall expire automatically upon any transfer of property ownership from the permit holder. Continued occupancy of the ADU as a separate living unit shall require application for a new permit by the contract purchaser or new property owner and renewal of the permit by the director. The development and business services director shall renew any permit under this subsection if he/she finds that the unit complies with all provisions of this section. Any permit approved under this subsection shall not be effective until evidence of recording is presented to the director. The fee for ADU or DADU permit renewal shall be the same as that for an administrative amendment, as set forth in Chapter 3.104 LMC.

d. Extension of Tenancy after Property Sale. If a property is sold and the new owner files an application for a permit, the tenants may continue to reside at the property for the remainder of any lease, or up to 90 calendar days, whichever is longer, except that such residency continuation shall not exceed one year. A single additional continuation of up to six months may be granted by the director, upon written request by both the tenant and the (new) property owner, if she/he finds that termination of residency by the tenants would impose a substantial and unusual hardship on the tenants.

e. Recording. The permit shall be recorded by the property owner and any subsequent owners with the Snohomish County auditor’s office to indicate the presence of the ADU. At a minimum, the recorded information shall:

i. Be recorded as a deed restriction which runs with the land;

ii. Identify the address of the property;

iii. State that the owner(s) reside(s) in either the primary unit or the ADU for entire calendar year;

iv. Include a written description and/or a floor and site plan of the approved unit;

v. Include a statement of the requirements and conditions of approval, as determined by the director;

vi. Include a statement that the owner will notify any prospective purchasers of the limitations of this section; and

vii. Provide for the revocation of the issued permit for the ADU if any of the requirements of this subsection are violated.

Any permit approved under this subsection shall not be effective until evidence of recordation is presented to the director within 10 calendar days of notice of approval.

f. Expiration. Any permit for a new ADU shall expire two years from the date of approval unless a building permit for the ADU has been obtained. The director may grant a single one-year extension to this time limit, provided a written request for the extension is received two weeks prior to expiration.

g. Cancellation. Cancellation of an ADU may be accomplished by the property owner by recording with the Snohomish County auditor’s office and by filing with the city a certificate stating that the ADU no longer exists on the property. Cancellation may also result from an enforcement action by the city.

h. Complaint. Upon receipt of a complaint of noncompliance, the city may require proof by the owner that all requirements of this section are met.

i. Revocation. In addition to the conditions imposed during the permit approval process, permits for ADUs shall expire automatically whenever:

i. The ADU is substantially altered and is thus no longer in conformance with the plans and drawings reviewed and approved by the city;

ii. The subject parcel ceases to maintain the required number of parking spaces; or

iii. The property owner(s) cease(s) to reside in either the primary unit or the ADU for the entire calendar year, the owner-occupied unit is rented, or the current owner fails to record the certificate as required under this section.

j. Appeal. Any action by the director may be appealed by the applicant to the hearing examiner only for noncompliance with these regulations; provided, that such appeal shall be filed in writing within 10 calendar days of mailing of a notice of action. Such appeal shall be processed as provided for in Process II, LMC 1.35.200 et seq.

13. Subdivision Prohibited. No ADU may be sold as separate property or as a condominium, or in any way be part of a subdivision of the lot upon which it is located, unless that subdivision conforms with all provisions of the Lynnwood Municipal Code.

14. Home Occupations. Home occupations may be allowed in either the primary unit or the ADU, but not both, provided the home occupation is reviewed and approved in accordance with LMC 21.42.300 and any other applicable provisions of this code. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3311 § 17, 2018; Ord. 3283 § 5, 2018; Ord. 3239 § 4, 2016; Ord. 2824 § 10, 2010; Ord. 2823 § 3, 2010; Ord. 2656 §§ 1, 2, 2006; Ord. 2586 § 2, 2005; Ord. 2466 § 1, 2003)