21.42.400 Accessory structures and uses.
A. Solar Energy Systems. The use of solar energy systems (for example, attached solar greenhouses, attached solar sunspaces, and solar collectors) can be an effective and efficient method for producing energy and reducing energy consumption. The majority of residential structures within Lynnwood were constructed before solar energy systems became a viable means for producing energy, thus lot yard setbacks and height restrictions do not take such systems into account. The city of Lynnwood finds that it is in the best public interest to encourage solar energy systems. If it is found that a solar energy system would have a positive impact on energy production and conservation while not having an adverse environmental impact on the community, but the placement of such system requires violation of city setback or maximum height limitations, allowance of such systems may be permitted through the variance process and shall be encouraged. In viewing such variance request, the following shall be considered in making a determination:
1. That the solar energy system has a net energy gain;
2. That the solar energy system is designed to minimize glare towards vehicular traffic and adjacent properties;
3. That the solar energy system not adversely affect solar access to adjacent properties;
4. That the solar energy system complies with all other city zoning, engineering, building, and fire regulations; and
5. That the solar energy system is found to not have any adverse impacts on the area, which impacts shall include, but not be limited to, the effects of such system upon the views from neighboring properties and public ways.
In order to show that the proposed energy system will conform to the above, the applicant shall be required to submit a site plan and elevations showing the location, size, and dimensions of the solar energy system and its relation to all adjacent properties. Care shall be taken to ensure that the design, materials used and colors architecturally blend in with the existing structure. The city may require that the site plan and elevations and/or energy-saving calculations be prepared by an engineer, architect or builder specializing in solar energy construction.
B. Family Child Care Homes. Family child care homes are permitted as an accessory use to a dwelling.
C. Keeping Small Animals as Pets.
1. The keeping of small animals as pets shall be permitted as an accessory use.
2. Livestock, Except Chickens and Miniature Goats. The keeping of livestock (except chickens and miniature goats; see subsections (C)(3) and (C)(4) of this section) shall not be permitted except that an occupant shall be able to keep one animal, i.e., horse, cow or sheep, on a lot having a minimum of 20,000 square feet and an additional animal for each 20,000 square feet additional lot area. The entire square footage of roaming area shall be fenced. Fences must be of such a type and size as to prevent encroachment on adjacent property. Encroachment shall be defined as reaching over, under or through, as well as trespassing or intruding upon, the property of another. Accessory buildings used for housing animals shall be provided, and shall be a minimum of 200 square feet and a maximum of 250 square feet in area per animal, except as allowed by variance, and shall not be closer than 25 feet to a property line, except for those provisions provided for chickens and goats, below. An accessory building for the housing of small animals or fowl (except chickens, see below) shall not exceed 36 square feet in floor area when located on a residential lot and neither the building nor the fenced area for their roaming shall be closer than 25 feet to a property.
3. Chickens. The keeping of chickens for personal use of the household (eggs shall not be sold) shall be permitted subject to the following:
a. A maximum of five chickens may be kept per lot associated with a single-family residential dwelling unit.
b. A suitable structure to provide shelter from the elements and an outdoor pen shall be provided. The shelter and pen shall be built and maintained to prevent the chickens from breaking through, out, over, or under the same. The shelter and pen shall be kept in good working condition, shall not cause odor or noise nuisances, and must be kept in a clean and well maintained condition at all times.
i. The enclosed shelter shall provide a floor, walls, and roof and shall be a minimum of four square feet per chicken.
ii. The outdoor pen (a ground level roaming area) shall be a minimum of eight square feet per chicken.
iii. Pens and shelters shall be constructed so as to discourage predators.
iv. The outer edge of the shelter or pen shall be set back a minimum of 15 feet from side and rear property lines. Pens and shelters are not permitted in the area between the primary dwelling unit and the front property line. The side of the pen facing an adjacent residence shall be sight obscuring through the use of a solid fence.
v. Electricity provided to the shelter will require an electrical building permit.
c. Bedding/manure shall be composted or bagged and tied and placed within garbage dumpsters.
d. Roosters shall be prohibited.
e. Chickens shall not be processed on premises. Infected chickens with diseases harmful to humans shall be removed.
4. Goats. The keeping of miniature goats for personal use of the household (no commercial uses) shall be permitted subject to the following:
a. Miniature breeds of goats include the following: pygmy, Nigerian dwarf and pygora or similar breeds (based on height and weight). Adult goats shall not exceed 30 inches measured from the withers or weigh more than 100 pounds. The wither is the ridge between the shoulder blades of the goat.
b. A maximum of three miniature goats may be kept per lot associated with a minimum of 7,200-square-foot lot area of a single-family residential dwelling unit. Nursing offspring may be kept until weaned, no longer than 12 weeks after birth.
c. Male goats must be neutered.
d. All goats must be dehorned.
e. A suitable structure to provide shelter from the elements and an outdoor pen shall be provided. The shelter and pen shall be built and maintained to prevent the goats from breaking through, out, over, or under the same. The shelter and pen shall be kept in good working condition, shall not cause odor nuisances, and must be kept in a clean and well maintained condition at all times.
i. The shelter shall provide walls, a roof and a door.
ii. The outer edge of the shelter or pen shall be set back a minimum of 15 feet from side and rear property lines. Pens and shelters are not permitted in the area between the primary dwelling unit and the front property line. The side of the pen facing an adjacent residence shall be sight obscuring through the use of a solid fence.
iii. Electricity provided to the shelter will require an electrical building permit.
iv. No confinement area shall be located within a critical (sensitive) area or their buffers.
f. Goats shall not be slaughtered on premises.
g. Goats over 12 weeks old shall be annually licensed per the current fee schedules adopted for dogs in the city of Lynnwood.
5. The keeping of mink, goats (with the exception of miniature breeds permitted under subsection (C)(4) of this section), foxes, or hogs is prohibited.
D. Carnivals, Circuses, and Other Temporary Special Events. These uses are permitted if accessory to a school, place of worship, park, or other facility of a similar nature. Such activities shall not be subject to regulation by Chapter 5.30 LMC.
E. Electric Vehicle Charging Stations. Level 1 and Level 2 electric vehicle charging stations are allowed as an accessory use but shall be privately owned with restricted access (e.g., occupants of a single-family home, employees and members of the congregation in the case of a religious institution). The electric vehicle charging station shall not be open for use to the general public.
F. Shipping container or other similar storage units as defined in Chapter 21.02 LMC are not permitted as accessory structures in residential zones. (Ord. 3415 § 23, 2022; Ord. 3127 § 3, 2015; Ord. 3068 § 1, 2014; Ord. 3047 § 2, 2014; Ord. 2936 § 1, 2012; Ord. 2586 § 2, 2005; Ord. 2466 § 1, 2003)