Chapter 21.41
ACCESSORY USES
Sections:
21.41.020 Accessory dwelling unit.
21.41.030 Level 1 home business.
21.41.040 Bed and breakfast inns.
21.41.050 Indoor recreation and sports facilities in a residential zone.
21.41.060 Outdoor recreation and sports facilities.
21.41.070 Wholesale trade establishments.
21.41.090 Long-term care facilities, ambulatory/outpatient clinics.
21.41.100 Daycare facilities in residential zones.
21.41.110 Educational facilities in residential zones.
21.41.120 Local collection recycle facilities.
21.41.010 General provisions.
(1) This chapter establishes special development standards that apply to specific accessory uses identified in Chapter 21.21 WMC.
(2) The special development standards prescribed by this chapter shall be applied in combination with other development regulations applicable to the property.
(3) Where this chapter imposes a different standard than specified elsewhere in the Woodinville Municipal Code, the special development standards set forth in this chapter shall prevail. (Ord. 737 § 2 (Att. A), 2022)
21.41.020 Accessory dwelling unit.
This section applies additional development criteria to accessory dwelling units.
(1) Accessory dwelling units meeting the requirements of this section are not included in the calculation of residential density and shall not count towards the maximum and minimum density standards set forth in WMC 21.31.030 and 21.31.040.
(2) Only one accessory dwelling unit may be allowed per each detached single-family dwelling unit, unless the lot is occupied by a duplex, attached dwellings, or multifamily dwellings, in which case only one accessory dwelling unit per lot is allowed.
(3) An owner having legal title ownership, or a purchaser under contract for the sale of the property, must occupy either the primary dwelling or the accessory dwelling unit as their permanent residence for at least six months out of each calendar year, and at no time receive rent for use of the owner-occupied unit.
(4) Special Development Standards.
(a) Accessory dwelling units shall comply with the development standards of the underlying zone where the accessory dwelling unit is located, except as modified by this section.
(b) The accessory dwelling unit may be fully contained within the primary dwelling, attached to the primary dwelling, attached to an accessory building, or detached.
(c) The accessory dwelling unit must have a gross floor area of at least 300 square feet and shall not have a gross floor area that exceeds the lesser of 1,200 square feet or 50 percent of the gross floor area of the primary dwelling.
(d) The accessory dwelling unit must have a similar outside architectural appearance as the primary dwelling.
(e) The main entrance to an accessory dwelling unit must be located in such a manner as to be unobtrusive from the same view of the building which encompasses the entrance to the primary dwelling.
(f) In addition to the parking requirements for other uses on the site, one off-street parking space is required for the accessory dwelling unit.
(g) To encourage the development of housing units for people with disabilities, the Director may authorize in writing reasonable deviation from the stated requirements to install features that facilitate accessibility. (Ord. 737 § 2 (Att. A), 2022)
21.41.030 Level 1 home business.
(1) This section applies to uses meeting the definition of “home business level 1” as defined in WMC 21.11B.090. A home business level 1 requires the obtaining of a home business permit pursuant to WMC 21.82.060.
(2) Dwelling units that are combined as an approved work-living unit are not subject to this section.
(3) The following conditions must be satisfied and maintained for approval of a home business level 1:
(a) The home business must be an accessory use of a single-family, duplex, townhome, multifamily, or accessory dwelling unit;
(b) The home business must be the principal residence of the person(s) conducting the home business;
(c) All activities of the home business must be conducted indoors, except for the growing and storage of plants;
(d) The total floor/land area devoted to home businesses on the site cannot exceed 20 percent of the total gross floor area of the dwelling unit, excluding the floor area of attached garages, porches, and attached covered patios;
(e) Detached buildings including garages and sheds may be used for storage for the home business without counting towards the maximum floor area set forth in subsection (3)(d) of this section;
(f) No person living off site shall be employed and working on site of the home business;
(g) One additional off-street parking stall, in addition to the parking required for the dwelling unit, shall be provided if personal services are offered on site;
(h) Personal services shall be by appointment only, or provided off site;
(i) Sales of goods shall be limited to mail-order, online sales, and telephone sales and be limited to off-site delivery;
(4) The following activities are prohibited of a home business:
(a) Repair of any motorized vehicle or heavy equipment;
(b) Autobody work and/or painting;
(c) Parking and/or storage of heavy equipment; and
(d) Storage of materials used by the construction trades for use off site;
(5) Pursuant to WMC 21.82.060(5), the Director may apply such conditions of approval as necessary including but not limited to:
(a) Limiting the type and size of equipment used by the home business;
(b) Providing increased setbacks and/or screening as needed to protect adjoining residential properties;
(c) Specifying hours of operation;
(d) Determining acceptable levels of outdoor lighting; and
(e) Requiring sound testing to verify compliance with Chapter 8.08 WMC, Noise Regulation.
(6) No vehicle, equipment or material shall be parked or stored within any required setback areas of the lot or on adjoining and adjacent streets.
(7) A home business may have one car, van, truck, or similar motorized vehicle operate on site in support of the home business if:
(a) The gross vehicle weight does not exceed 10,000 pounds;
(b) The height of the vehicle does not exceed nine feet measured from the ground; and
(c) The length of the vehicle as measured from the most outer points of the vehicle does not exceed 22 feet.
(8) The home business shall not use any equipment that changes the fire rating/occupancy of the dwelling, causes interference in communication signals, or causes any public nuisances. (Ord. 737 § 2 (Att. A), 2022)
21.41.040 Bed and breakfast inns.
Where bed and breakfast inns are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the following apply:
(1) The operators of the bed and breakfast inn must occupy the building as their principal residence;
(2) In addition to those required for the dwelling unit, one off-street parking space is required per each guest bedroom;
(3) The Director may authorize a reduction to the off-street parking requirement for each guest bedroom if the owner can demonstrate parking will not spill over onto nearby residential properties or streets;
(4) No commercial receptions, parties, or other public gatherings, or serving of meals to nonresident guests for compensation are allowed; and
(5) Any remodeling of the residential structure shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (Ord. 737 § 2 (Att. A), 2022)
21.41.050 Indoor recreation and sports facilities in a residential zone.
Where indoor recreation and sports facilities are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the indoor recreation and sports facility shall be allowed only as an accessory to a residential development and be limited to use by residents and the residents’ guests of the residential development. Such facilities shall not be available for use by the general public. (Ord. 737 § 2 (Att. A), 2022)
21.41.060 Outdoor recreation and sports facilities.
Where outdoor recreation and sports facilities are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:
(1) Except in the Public/Institutional zone, outdoor recreation and sports facilities shall be allowed only as an accessory to a residential development (including mixed-use with residential) only and be limited to use by the residents and the residents’ guests of the residential development; and such facilities shall not be available for use by the general public; and
(2) Within the Public/Institutional zone, outdoor recreational and sports facilities shall be allowed only as an accessory to a public park or educational facilities level 2 or 3, and a nonadministrative conditional use permit is obtained pursuant to WMC 21.84.010. (Ord. 737 § 2 (Att. A), 2022)
21.41.070 Wholesale trade establishments.
Where wholesale trade establishments are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the wholesale trade must be accessory to a permitted primary use and cannot occupy more than 49 percent of the gross floor area of the combined wholesale trade and primary use on the site. (Ord. 737 § 2 (Att. A), 2022)
21.41.080 Helipads.
Where helipads are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the helipad shall be accessory to a law-enforcement, fire department, or hospital use. (Ord. 737 § 2 (Att. A), 2022)
21.41.090 Long-term care facilities, ambulatory/outpatient clinics.
Where long-term care facilities are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the long-term care facility shall be accessory to a hospital use. (Ord. 737 § 2 (Att. A), 2022)
21.41.100 Daycare facilities in residential zones.
Where daycare facilities are allowed as an accessory use in a residential zone pursuant to the use tables in Chapter 21.21 WMC, the daycare facilities must satisfy the following:
(1) If located within a dwelling unit, the daycare must not occupy more than 49 percent of the gross floor area of the dwelling unit;
(2) Outdoor play areas shall be completely enclosed by a solid wall or fence having a minimum height of six feet;
(3) Outdoor play equipment shall be placed a minimum of 20 feet from interior property lines adjoining residentially zoned lots; and
(4) Not more than two nonresident staff members shall be present on the site at any given time. (Ord. 737 § 2 (Att. A), 2022)
21.41.110 Educational facilities in residential zones.
Where educational facilities are allowed as an accessory use in a residential zone pursuant to the use tables in Chapter 21.21 WMC, the educational facility must be accessory to a dwelling unit and satisfy the following:
(1) No more than 12 students are allowed on site at any one time with a maximum of 24 students total allowed during any 24-hour period;
(2) Instruction must take place inside an enclosed structure;
(3) The structure housing rooms for instruction must be set back at least 25 feet from all interior property lines adjoining residentially zoned lots;
(4) Not more than three nonresident staff members shall be present on site at any given time; and
(5) Operations are limited to between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and 8:00 a.m. and 4:00 p.m. on Saturday and Sunday. (Ord. 737 § 2 (Att. A), 2022)
21.41.120 Local collection recycle facilities.
Where local collection recycle facilities are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the facility must be accessory to a permitted use; and
(1) Facilities are limited to drop boxes only unless collection operations are contained wholly within an enclosed building;
(2) Within the Central Business District and General Business zones, collection facilities shall be located within an enclosed building; and
(3) Local collection recycle facilities are prohibited in the Pedestrian Core Design District. (Ord. 737 § 2 (Att. A), 2022)