Chapter 18.140
ACCESSORY USES
Sections:
18.140.030 Accessory dwelling units.
18.140.040 Short-term rentals.
18.140.010 Purpose.
The purpose of this chapter is to establish standards to govern uses that are accessory to the primary use of a structure or property.
A. Accessory uses shall not create a nuisance in the area that they are located such as noise, dust, unsightly appearance, or threaten the air or water quality, or present the potenstial to adversely affect the health and welfare of the city, and shall be consistent with the requirements of the zoning district in which they are located.
B. In addition to the provisions of this chapter, accessory uses must comply with all other applicable provisions of this title and the Roslyn Municipal Code as determined by the city. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.140.010)), 2010.]
18.140.020 Home businesses.
Home businesses are limited to those uses which may be conducted wholly within the principal residence (the home) without in any way changing the appearance or the residential nature of the area. The home business is intended to be subordinate and incidental to the use of the dwelling as a residence and must comply with all applicable regulations and the provisions of this chapter.
A. Eligible Uses. The following is not an all-inclusive list but denotes typical uses which by their nature may be compatible with the character of residential neighborhoods in Roslyn, and shall be eligible for classification as a home business. The uses listed below are also a guideline for discerning other types of uses which may be appropriate.
1. Artist studio and gallery;
2. Barber shops or beauty salons with only one chair;
3. Counseling and social services;
4. Private classes and exercise studios;
5. Professional offices;
6. Professional and technical services; and
7. Retail businesses.
B. Ineligible Uses. The following is not an all-inclusive list but denotes typical uses which by their nature have a tendency to expand beyond the limits of a home business or to otherwise impair the character of residential neighborhoods in Roslyn, and shall be ineligible for classification as a home business. The uses listed below are a guideline for discerning types of uses which are inappropriate.
1. Appliance, radio and/or television repair;
2. Auto, motorcycle or engine repair;
3. Barber or beauty shops or salons with more than one chair;
4. Gymnasiums and weight lifting facilities;
5. Painting of vehicles;
6. Kennels; and/or
7. Uses that generate noise during evenings and weekends at levels that are disruptive to the normal use and enjoyment of neighboring residences, as determined by the city.
C. Home businesses may be permitted as an accessory use to a single or multifamily residence; provided, that:
1. A home business shall be conducted only by legal residents of the dwelling.
2. All home businesses must apply for, receive, and maintain in good standing a city business license, issued under the applicable provisions of Article I of Chapter 5.05 RMC.
3. A home business shall not occupy a space larger than 35 percent of the total floor area of the dwelling.
4. There shall be no change in the exterior appearance of the building in which the home business is conducted, nor other visible evidence of conduct of such home occupation.
a. No window displays shall be allowed.
b. An on-site identification sign which meets the requirement of the underlying zone district may be permitted.
c. Accessory structures utilized for home business purposes must comply with the requirements of Chapter 18.50 RMC, Architectural Design Standards and Design Review, or Chapter 18.60 RMC, Historic Register Design Review, as appropriate, and the provisions of the International Building Code as adopted by the city.
5. No home business shall be conducted in any manner which would cause the premises to differ from its residential character or create a nuisance, including but not limited to use or creation of colors, materials, construction, lighting, noises, fumes, odors, glare, electrical or audio-visual interference, dust, smoke or vibrations.
6. No home business shall generate vehicular or nonvehicular traffic that disturbs or unreasonably interferes with or inconveniences nearby residences, as determined by the city.
7. All parking required by a home business shall be provided in a manner that is compatible with the character of the neighborhood.
a. Based on the nature of the proposed home business, the city may require that the applicant submit a parking plan for city review and approval in accordance with the provisions of Chapter 18.130 RMC, Parking and Loading.
8. There shall be no outside storage or display of any kind related to the home business.
9. Retail sales may only be permitted in a home business in accordance with the requirements of this chapter and all applicable regulations in the Roslyn Municipal Code, and the following provisions:
a. The sale of arts, crafts, or products made by immediate family members residing in the dwelling may be permitted.
b. The retail sales activity is clearly subordinate, secondary, and/or incidental to the principal activity of the home business. [Ord. 1183 § 3 (Exh. A), 2021; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.140.020)), 2010.]
18.140.030 Accessory dwelling units.
The purpose of this section is to regulate the establishment of accessory dwelling units within or in conjunction with single-family dwellings while preserving the character of single-family neighborhoods in order to implement the policy provisions of the city’s comprehensive plan by providing for the use and location of accessory dwelling units to provide for a more diverse and affordable housing stock while maintaining that the design be consistent with the historic character and development pattern of the community historical neighborhood quality. It is also the purpose of this section to provide owners of single-family dwelling units with a means of obtaining rental income, companionship, and services through tenants in either the accessory dwelling unit or the principal dwelling unit.
An accessory dwelling unit (ADU) is a separate living space within a house or on the same property as an existing house. These units are not legal unless they have been established through a permit process. A legally permitted unit in the primary dwelling is called an attached accessory dwelling unit (AADU). A legally permitted unit on the property (but not within the primary dwellings) is called a detached accessory dwelling unit (DADU).
A. Applications for accessory dwelling units shall be processed as a Class 1 permit, subject to the following conditions:
1. A lot may have no more than one accessory dwelling unit.
a. A property may not have both an accessory dwelling unit and a conditional use.
b. An accessory dwelling unit may be permitted on a nonconforming lot as long as it does not increase the nonconformity.
B. Proposed sites for accessory dwelling units must comply with the following:
1. Maximum lot coverage including all structures on the property is 60 percent. The maximum lot coverage may not be exceeded by addition of an ADU.
2. Setback requirements of the underlying zone apply.
3. Detached ADUs must be located to the rear of the main residential structure, or in accordance with development regulations and surrounding properties.
4. One additional off-street parking space is required for any detached ADU and must be maintained for year-round access. No additional parking is required for an attached/interior ADU.
5. ADUs shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit.
C. Standards for All ADUs.
1. Living space for the ADU must total at least 220 square feet and is not to exceed 1,000 square feet.
2. The ADU shall also not exceed the square footage of the other dwelling unit.
D. Building Characteristics for Detached ADUs.
1. All ADUs must comply with Chapter 18.50 RMC, Architectural Design Standards and Design Review, or Chapter 18.60 RMC, Historic Register Design Review, if applicable.
2. ADUs shall not exceed a height of 25 feet.
E. ADUs shall be permitted through the issuance of a certificate of zoning compliance which is a Class 1 permit.
F. Grandfathering of Existing Dwellings. If an ADU was created without being part of a project for which a building permit was finalized, the city shall require a building inspection to determine if the structure is sound, will not pose a hazard to people or property, and meets the requirements of this section and the building code. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.140.030)), 2010.]
18.140.040 Short-term rentals.
A. Purpose. The purpose of this section is to establish the standards under which dwelling units may be rented for a short-term or vacation use not to exceed 30 consecutive days. Roslyn is a community of neighborhoods, which promotes stable, livable residential housing and promotes economic viability primarily within the commercial zone.
B. Applicability. Applications for a short-term rental shall be processed as a Class 1 certificate of zoning compliance. All short-term rentals shall obtain a permit on an annual basis which will expire on December 31st of the issuing year. The permit shall document conformance with city codes and permitting requirements and conditions of licensing. Owners of short-term rentals must also apply for, receive, and maintain in good standing at all times a city business license. Failure to receive the required permits or to be in compliance at all times may result in the suspension or revocation of any permits or licenses and/or civil or criminal penalties.
1. Permits for short-term rentals are nontransferable upon sale of property.
2. A separate business license shall be required for each short-term rental; provided, that a property owner may designate an agent to manage the short-term rental(s) on his/her behalf.
C. Conditions of Approval. At a minimum, all short-term rentals shall comply with all applicable development standards, city codes and ordinances, as well as the following, and any additional conditions that may be imposed by the city:
1. The property owner or his/her designee shall maintain on file at City Hall an up-to-date property management plan, approved by the city, that identifies the property owner and agents authorized to act on the property owner’s behalf, including emergency contact information, and identifies how the property owner will enforce compliance with the terms and conditions of approval.
a. An up-to-date copy shall also be provided by the property owner or his/her designee to all property owners within 100 feet of the site on which the short-term rental is located. Applicant shall provide self-addressed, postage paid envelopes to the city for this mailing. This information shall also be provided to the police department and the city of Roslyn fire department.
2. The property owner or his/her designee shall maintain on file at City Hall an up-to-date site plan, approved by the city, that identifies the location of required off-street parking, refuse and recycling facilities, emergency shut-offs, and on-site amenities.
3. It shall be the responsibility of the property owner or his/her designee to ensure that the users of short-term rentals and any guests comply, at all times, with the terms and conditions of approval, and the Roslyn Municipal Code.
4. It shall be the responsibility of the property owner or his/her designee to promptly investigate and appropriately respond to notifications of violations under this chapter from either the city of Roslyn staff, police department or city of Roslyn fire department. Failure to respond shall result in classification as a nuisance under Roslyn Municipal Code and will be subject to a penalty as specified.
5. The property owner or his/her designee shall maintain on file at City Hall an up-to-date certificate of inspection documenting that the short-term rental complies with the provisions for transient accommodations in the International Building Code as adopted by the city of Roslyn.
a. It shall be the responsibility of the property owner or his/her designee to schedule and pass an annual safety inspection. Failure to schedule and pass the required inspection within 10 days of permit application shall result in nonissuance of the permit and inability to rent the property.
b. The maximum capacity for overnight guests shall be established in accordance with the provisions of the International Building Code as approved by the city.
6. The property owner or his/her designee shall maintain on file at City Hall an up-to-date certificate of insurance documenting that the facility is insured as a short-term rental.
7. The property owner or his/her designee shall be responsible for the collection and payment of all required taxes, fees, and charges and shall provide the city with annual documentation of full compliance in a format prescribed by the city.
8. Only one short-term rental is allowed per dwelling unit in areas zoned residential.
9. The mayor or his/her designee may impose other conditions, such as additional parking, improved access, landscaping, or screening, if found necessary to protect the best interests of the surrounding properties of the neighborhood due to the nature of the short-term rental.
10. All short-term rentals must maintain compliance with all applicable local, state and federal regulations at all times.
D. General Provisions.
1. Parking Requirements.
a. Each short-term rental in the residential zone must have a minimum of one off-street parking space per rentable bedroom.
b. Off-street parking must be located entirely within the property or parcel boundary and shall not use public right-of-way spaces to meet the minimum requirements.
c. Each required parking space shall be a minimum of nine feet wide by 18 feet long.
i. When off-street parking is provided within an enclosed structure, the minimum space size shall be 10 feet wide by 20 feet long.
d. During the period from November 1st to the following first day of March, inclusive, otherwise known as the winter snow season, it shall be unlawful for any person to park such motor vehicle on any street, alley, avenue, or road in the city of Roslyn for any continuous period exceeding 24 hours; and it shall be the duty of the owner or custodian of such parked motor vehicle to move such vehicle from its parking place prior to the expiration of the said 24-hour period.
2. Noise. Quiet hours shall be from 10:00 p.m. to 7:00 a.m., or as otherwise provided by city or state regulations, whichever is more stringent. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1143 § 4 (Exh. A), 2018; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.140.040)), 2010.]
18.140.050 Tent structures.
Tent structures made of fabric or other flexible material and exceeding 120 square feet may be erected for no more than 30 days in any single year, except by conditional use permit. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.140.050)), 2010.]