Chapter 21.42 RESIDENTIAL SINGLE-FAMILY ZONES

Chapter 21.42
RESIDENTIAL SINGLE-FAMILY ZONES

Sections:

21.42.050 Zones and purposes.

21.42.100 Uses allowed in single-family residential zones.

21.42.110 Limitations on use.

21.42.200 Development standards.

21.42.205 Single-family dwelling standards.

21.42.210 Additional development standards.

21.42.250 Development standards for park facilities.

21.42.300 Home occupations.

21.42.400 Accessory structures and uses.

21.42.420 Placement of accessory buildings and structures – Interior lots.

21.42.440 Placement of accessory buildings and structures – Corner and reverse corner lots.

21.42.500 Signs.

21.42.900 Other regulations.

21.42.050 Zones and purposes.

The single-family residential zones are intended to provide for detached housing with densities and styles consistent with the goals, objectives, and policies of the Lynnwood comprehensive plan and contribute to building and maintaining of safe, clean, and attractive residential neighborhoods with housing for people with a wide variety of housing needs. Such neighborhoods should have minimal traffic, noise, and commercial activities. (Ord. 2586 § 2, 2005; Ord. 2571 § 3, 2005; Ord. 2466 § 1, 2003)

21.42.100 Uses allowed in single-family residential zones.

See Table 21.42.01 for uses allowed in single-family residential zones.

Table 21.42.01
Use	RS-8	RS-7	RS-4
Single-Family Dwellings (one per lot)	P	P	P
Adult Day-Care Centers	C*	C*	C*
Adult Family Homes	P	P	P
Accessory Dwelling Unit+	ASF	ASF	–
Agricultural and Horticultural Activities, including plant nurseries+	P/C	P/C	P/C
Child Day-Care Centers+	C*	C*	C*
Children – Resident Home	P	P	P
Family Child Care Home	P	P	P
Manufactured Home Developments and Manufactured Homes+	P	P	P
Park and Pool Lots+	C**	C**	C**
Places of Worship	C	C	C
Public Parks	P	P	P
Public Utility Facilities necessary for the transmission, distribution or collection of electric, telephone, wireless communication, telegraph, cable TV, natural gas, water, and sewer utility services, excluding sewer treatment plants, offices, repair shops, warehouses, and storage yards+	C	C	C
Schools, Libraries or Museums, Offices of Philanthropic or Charitable Organizations, but not including Nonprofit Retail Stores	C	C	C
Wireless Communications Facility Attached (not permitted on residential structures); See Chapter 21.90 LMC	P	P	P

* Only as an accessory use at a school or place of worship.

** Only on properties with street frontage along streets designated as arterials.

+See LMC 21.42.110.

Key:

ASF = Allowed as an accessory use to a single-family residence.

P = Use is permitted as a primary use; see LMC 21.42.300 regarding home occupations.

C = The use may be permitted through issuance of a conditional use permit.

– = Use is prohibited.

(Ord. 2586 § 2, 2005; Ord. 2571 § 1, 2005; Ord. 2512 § 1, 2004; Ord. 2466 § 1, 2003)

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.

E. Child Day-Care Centers.

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.

1. Purposes. Regulating the development and use of accessory dwelling units is intended to achieve the following purposes:

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

b. Create additional affordable housing in Lynnwood;

c. 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. Develop housing that is appropriate to smaller households; and

e. 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. ADUs shall be permitted in the R-7 and R-8 zones; provided, that an ADU may be permitted only on a lot that already contains a primary residence or is constructed concurrently with the primary residence.

3. Minimum Lot Size. Attached ADUs shall be allowed on lots meeting the minimum lot size requirement for the RS-8 zone. Lots below the minimum lot size for the RS-8 zone created utilizing lot size averaging or nonconforming lots with respect to lot size shall not be permitted an ADU.

4. Number. A maximum of one ADU shall be permitted on a lot.

5. Location in Relation to Principal Residence. The ADU may be added to or within the principal residence, or it may be connected to it by the foundation, floor, walls, ceiling, and roof; connection by means of a breezeway or other partially open structure shall not fulfill the requirement for an attached ADU.

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. Any new construction for the ADU may not be located in front of (i.e., closer to the front property line than) the primary structure.

6. 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, one water meter, and one address shall be allowed for the entire parcel, serving both the primary unit and the ADU.

7. Size. The ADU shall have a maximum gross floor area of 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 ADUs less than 600 square feet in size; a maximum of two bedrooms shall be provided for ADUs 600 square feet or greater in size. When calculating the square footage of the ADU, 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.

8. Design. The ADU shall be designed so that the appearance of the building remains that of a single-family residence. At a minimum, the plans for the unit shall conform to the following guideline: any new exterior construction associated with creating an ADU shall match the existing exterior materials and design of the principal residence, and the pitch of any new roof should match that of the principal residence. Any new landscaping should conform with or improve existing landscaping.

9. Entrance Location. The entrance(s) to the 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. Only one primary entrance shall be permitted for the entire lot; however, a second street-facing entrance may be permitted if it is sufficiently screened from view using either fencing, landscaping, or a combination thereof.

10. Parking. One off-street parking space shall be provided for studio and one-bedroom ADUs and two spaces shall be provided for two-bedroom ADUs, in addition to the parking required for the main residence. Parking shall be paved in conformance with standard city requirements. 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 a public or private street right-of-way (including any landscaped portion).

11. Accessibility. In order to encourage the development of housing units for people with disabilities, the director may allow 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 16.06 LMC.

12. 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 for at least six months of each calendar year. Owners shall sign and record with the county an affidavit in a form acceptable to the city attesting to their occupancy. At no time may the property owner receive rent for whichever unit is owner-occupied.

13. Permitting. No construction permit or occupancy permit for any improvements for an ADU 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 permit to the 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 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 director shall renew any permit under this subsection if he/she finds that the ADU 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 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 a minimum of six months per 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 a minimum of six months per 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.

14. Subdivision Prohibited. No ADU may be sold as a 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.

15. 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.

16. Legalization of Preexisting Illegal Accessory Dwelling Units. ADUs constructed without a permit that existed on or before the effective date of the ordinance codified in this subsection may be granted a permit as a legal nonconforming ADU. Applications shall be made within 12 months of the effective date of the ordinance codified in this subsection and shall be subject to the following requirements:

a. ADU Permit Application and Fee. The property owner shall submit an application for an ADU permit to the director, including a site plan, floor plan, evidence of current ownership, certification of owner occupancy, payment of related fees and any such other information as the director may require in order to determine whether the ADU can satisfy the minimum housing inspection requirements identified in subsection (G)(16)(d) of this section. The fee for an ADU permit land use application processed under this subsection shall be the same as that for an administrative amendment, as set forth in Chapter 3.104 LMC.

b. Action. The director shall review the ADU permit application and issue an ADU permit for a legal nonconforming ADU if the director finds that the application conforms with the requirements of this subsection and other applicable sections of this code. The application shall be exempt from the following procedures:

i. Notice of application, LMC 1.35.020; and

ii. Notice of decision, LMC 1.35.040.

c. Design and Development Standards. The ADU shall have a maximum gross floor area of no more than 40 percent of the habitable square footage of the primary unit. Only one electric meter, one water meter, and one address shall be allowed for the entire parcel, serving both the primary unit and the attached ADU.

d. Inspection. The applicant shall request a minimum housing inspection prior to ADU permit approval, obtain all building permits and complete such improvements as may be required to meet minimum life and safety requirements as determined by the building official, fire marshal, and/or any other city official (and/or his/her designee) whose review may be required to ensure the intent of this subsection is satisfied. Preexisting illegal ADUs which cannot meet minimum life and safety standards of this subsection shall be discontinued. A certificate of occupancy shall not be issued until after an approved ADU permit is recorded with the Snohomish County auditor’s office.

e. Recording. The ADU permit shall meet the recording requirements of this subsection (G)(13) and shall specify that the accessory dwelling unit is legally nonconforming.

f. Enforcement Action. Preexisting illegal ADUs for which an application has not been received to comply with the requirements of this subsection within the 12-month grace period are subject to an enforcement action in accordance with Chapter 1.40 LMC or other applicable code provisions. ADUs which cannot be brought into compliance with all requirements of this section for new ADUs shall be discontinued. The city shall require any such modifications necessary to ensure that the space cannot be used as an independent dwelling unit. (Ord. 2824 § 10, 2010; Ord. 2823 § 3, 2010; Ord. 2656 §§ 1, 2, 2006; Ord. 2586 § 2, 2005; Ord. 2466 § 1, 2003)

21.42.200 Development standards.

Table 21.42.02 Development Standards
Standard	RS-8	RS-7	RS-4
Minimum Lot Area+++	8,400 sf	7,200 sf	4,000 sf
Minimum Lot Width	70 ft.+++	60 ft.	40 ft.
Minimum Frontage at Street	30 ft.+++	30 ft.	25 ft.
Minimum Front Yard Setback
Interior Lot	25 ft.	20 ft.	15 ft.
Corner Lot	25 ft.	20 ft.	15 ft.
Abutting a Principal Arterial Street	25 ft.	25 ft.	20 ft.
Abutting a Private Road or Access Easement	15 ft.	15 ft.	15 ft.
Minimum Side Yard Setbacks – Corner Lot
Street Side	15 ft.	15 ft.	15 ft.
Interior Side	5 ft.	5 ft.	5 ft.
Both Sides Combined	20 ft.	20 ft.	20 ft.
Abutting a Principal Arterial Street	25 ft.	25 ft.	20 ft.
Minimum Side Yard Setbacks – Interior Lot
One Side	5 ft.	5 ft.	5 ft.
Both Sides Combined	15 ft.	10 ft.	10 ft.
Minimum Rear Yard Setback	25 ft.	25 ft.	15 ft.*
Maximum Lot Coverage by Buildings	35 percent	35 percent	40 percent – habitable space 50 percent – total
Maximum Building Height	35 ft.	35 ft.	30 ft.

* 20 ft. when abutting an RS-7 or RS-8 zone.

+++ See LMC 21.42.210.

(Ord. 2586 § 2, 2005; Ord. 2512 § 1, 2004; Ord. 2466 § 1, 2003)

21.42.205 Single-family dwelling standards.

A. Site-built dwellings shall be placed on concrete or masonry perimeter foundations.

B. Manufactured homes shall be installed in accordance with the manufacturers’ specifications and, in locations outside mobile home parks, an excavated crawl space of not less than 24 inches in depth shall be provided and fully enclosed by a perimeter concrete or masonry retaining wall.

C. With the exception of replacement homes within existing mobile home parks, a manufactured home may be sited within the city of Lynnwood, provided not more than five years have elapsed since the date of manufacture, as stated on the HUD data plate. (Ord. 2571 § 5, 2005)

21.42.210 Additional development standards.

A. Parking Requirements. Each dwelling unit must provide on-site parking for two motor vehicles in accordance with the stall dimensions specified in LMC 21.18.700, Figure 21.18.1.

1. Covered or uncovered vehicle storage areas may not be within any required front or street side yard setback.

2. Use of pervious paving, “grasscrete” or similar materials for driveways and parking areas is encouraged. Paving of driveways and parking areas with wheel strips only (sometimes referred to as “Hollywood” or “California” driveways) is permitted for single-family residential parking only (including parking required for accessory units), however driveway aprons and other areas within the public right-of-way shall be paved in accordance with city standards.

B. Fences and Hedges. Fence and hedge regulations for the residential zones are as provided in Chapter 21.10 LMC.

C. Minimum Lot Area in RS-8 and RS-7 Zones. Within RS-8 or RS-7 zoned land the required minimum lot size standards for individual lots will be considered to be met if the average lot size of the lots in the subdivision or short subdivision (the total land area within lots divided by the number of lots) is equal to or larger than the required minimum lot size allowed in the respective zone; provided, that:

1. No lot shall be smaller than 90 percent of the required minimum lot size in that zone;

2. Not more than a 25 percent increase over the required minimum lot size for any individual lot shall be credited in computing average lot size;

3. Corner or reverse corner lots shall not be smaller than the required minimum lot size allowed in that zone;

4. A lot which is, by these provisions, smaller than the required minimum lot size is allowed a reduction of five feet from the required minimum lot width;

5. Final plats or short plats which utilize lot size averaging shall list the lot areas of all lots on the face of the plat; and

6. Preliminary plats approved utilizing lot size averaging shall not receive final approval by divisions unless each division individually satisfies these provisions.

D. Minimum Lot Area in RS-4 Zone. Within the RS-4 zone the minimum lot size is 4,000 square feet per single-family dwelling.

E. Small Lot Single-Family Dwelling Development Standards. Single-family dwellings built on lots zoned RS-4 shall meet the requirements contained within this section unless approved as part of a multiple-family development pursuant to the regulations within Chapter 21.43 LMC. It is the intent of these development standards that single-family dwellings on small lots be compatible with neighboring properties, friendly to the streetscape, and in scale with the lots upon which they are constructed. A minimum area for the application of the RS-4 zone shall be one acre. The community development director is authorized to promulgate guidelines, graphic representations, and examples of housing designs and methods of construction that do or do not satisfy the intent of these standards.

1. Where lots front on a public street or private access easement, the dwelling shall have doors and windows facing the street or private access easement. Dwellings shall have a distinct entry feature such as a porch or weather covered entryway with minimum dimensions of six feet by six feet. Covered porches open on three sides may encroach six feet into a required front yard setback.

2. If the lot abuts an alley in addition to a public street, the garage or off-street parking area shall take access from the alley, unless precluded by steep topography. Where the garage, or off-street parking area, is accessed from an alley no curb cuts shall be permitted on the public street.

3. If there is no alley access and the lot fronts on a public street or private access easement, the front of the garage shall be set back a minimum of five feet from the main front plane of the dwelling, and the dwelling shall have entry, window, and/or roofline design treatment which emphasizes the dwelling more than the garage.

4. Driveways shall not exceed 20 feet in width in the required front yard setback area.

5. Dwellings built on lots without direct frontage on a public street shall be situated to respect the privacy of abutting dwellings and to create usable yard space for the dwelling(s).

6. Lot coverage by the living space of a dwelling shall not exceed 40 percent. Total lot coverage by the dwelling and any other buildings on the lot shall not exceed 50 percent.

7. Landscaping shall be provided to enhance the streetscape, to provide privacy for dwellings on abutting lots, and to provide separation and buffering on easement access drives.

8. Accessory structures are limited to a total amount of 200 square feet in floor area, excepting garages.

9. All dwelling units shall be built to the Built Green™ standards (Three-Star level) as administered by the Master Builders Association of King and Snohomish Counties.

10. All dwelling units shall conform to only those Citywide Design Guidelines, adopted by reference in LMC 21.25.145(B)(3), contained in the section on multiple-family housing and listed as follows by subject:

a. Site entry feature.

b. Pitched roof forms.

c. Windows.

d. Materials.

e. Parking structures.

F. Pre-Existing Subdivisions. Any lot described on a plat duly recorded in the land records of Snohomish County prior to January 1, 1970, may be used for a one-family dwelling if the lot dimensions and area are in conformance with LMC 21.12.300, and the buildings to be located thereon conform to all other standards of the residential zone within which the lot is located.

G. Landscaping. All nonresidential uses listed as permitted or conditionally permitted uses in Table 21.42.01 shall meet the landscaping requirements for such uses as if the uses were located in any multiple-family zone adjacent to a single-family zone. The applicable landscaping standards are contained in LMC 21.43.210. (Ord. 2730 § 2, 2008; Ord. 2586 § 2, 2005; Ord. 2512 § 1, 2004; Ord. 2466 § 1, 2003)

21.42.250 Development standards for park facilities.

A. Buildings and structures at properties designated “Parks, Recreation and Open Space” on the future land use plan map of the comprehensive plan shall be subject to the development standards in LMC 21.42.200; provided, that the community development director may authorize a reduction in the minimum setback from a public street to the following:

1. Structures and buildings no more than one story in height and with a gross floor area of 1,000 square feet or less: 10 feet.

2. Structures and buildings either more than one story in height or with a gross floor area greater than 1,000 square feet (or both): 25 feet.

3. Provided, that the director finds:

a. The standards in LMC 21.42.200 would not allow use of a building or structure in the park as that building or structure is intended to be used; and

b. Use of the building or structure would not adversely affect adjoining properties.

B. Notice of such approval shall be mailed to owners of property that adjoin the site of the proposed building or structure. Approval of a building or structure under this section may be appealed within 14 calendar days of issuance of a determination under this section using Process II. The date of issuance shall be three days following the date of mailing of the notice. (Ord. 2466 § 1, 2003)

21.42.300 Home occupations.

A home occupation may be permitted by issuance of a business license, pursuant to LMC Title 5, provided the business complies with this and other applicable sections of the Lynnwood Municipal Code.

A. Area Used. A home occupation may only be conducted in the principal building and not in an accessory building. The area devoted to the home occupation may comprise no more than 25 percent of the area of the principal building. Any extension of the home occupation to the outdoors, including, but not limited to, paving of yards for parking, outdoor storage or activity, indoor storage or activity visible from outdoors (e.g., in an open garage) is prohibited.

B. Access. Access to the space devoted to the home occupation shall be from within the dwelling, and not from a separate outside entrance.

C. Employment. No one other than members of the resident household may perform labor or personal services on the premises, or park at or near the dwelling.

D. Stock in Trade. The processing, storing, and occasional sale of handicrafts made on the premises and other small products is allowed, subject to compliance with other conditions of this title. The display or storage of goods outside the premises or in a window is prohibited.

E. Equipment, Use, and Activities. No equipment may be used and no activities may be conducted which would result in noise, vibration, smoke, dust, odors, heat, glare, or other conditions exceeding in duration or intensity those normally produced by a residential use. Normal residential use shall be construed as including the above impacts only on an occasional weekend or evening basis (e.g., in connection with a hobby or home/yard maintenance), and not on a daily basis.

F. Traffic. A home occupation shall not generate traffic in excess of normal residential traffic. Normal residential traffic for the purposes of regulating home occupation traffic shall be defined as 10 trips per day and one trip per hour. Such home occupation traffic is limited to the hours of 7:00 a.m. to 9:00 p.m.

G. Certain Uses Specifically Prohibited. The following uses are specifically prohibited as home occupations:

1. Automotive repairs or detailing;

2. Small engine and major appliance repair;

3. Boarding, grooming, kenneling, or medical treatment of animals;

4. Contractors’ shops;

5. On-site sale of firewood;

6. Sheet metal fabrication;

7. Health care or other physical or personal services administered directly to the client at this location;

8. Any other use with a demonstrated tendency to violate one or more of the conditions of this section.

H. Signs. Any home occupation sign must meet the residential sign regulations in LMC 21.16.290. (Ord. 2586 § 2, 2005; Ord. 2466 § 1, 2003)

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 comply 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. The keeping of small animals as pets shall be permitted as an accessory use; the keeping of livestock 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 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. An accessory building for the housing of small animals or fowl 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 line. The keeping of mink, goats, foxes, or hogs is prohibited.

D. Carnivals, Circuses, and Other Temporary Special Events. These uses are permitted if accessory to a school, church, park, or other facility of a similar nature. Such activities shall not be subject to regulation by Chapter 5.30 LMC. (Ord. 2586 § 2, 2005; Ord. 2466 § 1, 2003)

21.42.420 Placement of accessory buildings and structures – Interior lots.

A. Accessory Buildings and Structures on Lot Lines. In single-family zones, accessory buildings which:

1. Are behind the front wall of the residence;

2. Do not exceed one story in height (not to exceed 15 feet);

3. Are not greater than 600 square feet in floor area; and

4. Do not contain habitable space (as defined in the building code);

shall be set back not less than five feet from the lot side and rear lines, except that one accessory building which does not exceed eight feet in height nor 64 square feet in floor area may be located on lot side and rear lines. (Ord. 2586 § 2, 2005; Ord. 2466 § 1, 2003)

21.42.440 Placement of accessory buildings and structures – Corner and reverse corner lots.

A. Accessory Buildings and Structures on Lot Lines. On the rear one-third of a corner or reverse corner lot, accessory buildings which do not exceed one story in height (not to exceed 15 feet) and which are not greater than 600 square feet in floor area shall be set back not less than five feet from interior lot side lines and lot rear lines, except that one accessory building which does not exceed eight feet in height nor 64 square feet in floor area may be located on interior lot side lines and lot rear lines. Any corner lot street setback requirements shall apply. (Ord. 2586 § 2, 2005; Ord. 2466 § 1, 2003)

21.42.500 Signs.

See LMC 21.16.290 for sign regulations in residential zones. (Ord. 2466 § 1, 2003)

21.42.900 Other regulations.

A. Parking or storage of recreational vehicles shall be in conformance with LMC 10.08.200.

B. Maintenance or repair of vehicles on residential property shall conform to the following standards:

1. Such maintenance and repair shall not be conducted on a commercial basis.

2. Any repair, painting, or maintenance work done on such vehicles shall not create an unsafe or unsightly condition or become a nuisance to residents of abutting properties.

3. Any repair, painting, or maintenance work done on such vehicles shall only be done within the hours from 9:00 a.m. to 9:00 p.m.

4. Violations of the preceding standards shall result in notice being given by the city to the offender to discontinue such work or operation. Failure to immediately comply will subject the property owner and/or occupant to the penalties as prescribed by this title. (Ord. 2586 § 2, 2005; Ord. 2466 § 1, 2003)