Chapter 16.40


16.40.100    Purpose.

16.40.200    Application.

16.40.300    Authority.

16.40.400    Requirements.

16.40.500    Revocation.

16.40.100 Purpose.

This chapter establishes regulations for allowing temporary sales/leasing offices during construction and before occupancy at the site of new and rehabilitated residential developments.

These regulations are intended to allow such offices to be located and operated in a manner that is in the interest of the public health and safety and in a manner that does not adversely impact adjoining properties or streets. (Ord. 2316 § 2, 2000)

16.40.200 Application.

The developer of a new single-family or multiple-family residential development or a multiple-family development that is being rehabilitated may apply to the development and business services department to allow a temporary office for sales or leasing of units in the development as part of applying for building permits for the development. Multiple-family housing includes apartments, condominiums, townhouses, and housing designed or intended for use by senior citizens. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2316 § 3, 2000)

16.40.300 Authority.

The development and business services director may approve an application for a temporary on-site sales/leasing office if the director finds that the location and use of the office complies with the purpose and regulations in this chapter and other applicable regulations in the Lynnwood Municipal Code. Action taken pursuant to this section may be appealed through Process II, LMC 1.35.200. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2316 § 4, 2000)

16.40.400 Requirements.

A temporary sales/leasing office allowed under this chapter shall be located in a “commercial coach” that meets the requirements of the State Department of Labor and Industry (ref. Chapter 296-150C WAC) referred to herein by the term “coach,” and shall comply with the following requirements:

A. The site of the coach shall be separated from the construction area by fencing. Access for the public into the construction area is prohibited; this prohibition shall be posted at all access gates to the construction area.

B. A minimum of five off-street parking spaces plus a van-accessible stall shall be provided on a paved surface. These spaces shall be located so that vehicles are not required to back onto a designated arterial street.

C. Access to the coach shall comply with all accessibility requirements.

D. The project developer shall post a cash deposit of $5,000 to guarantee removal of the coach.

E. The coach shall be removed from the site within 15 calendar days of issuance of the first certificate of occupancy for the development or within 120 calendar days of issuance of a building permit for the development, whichever occurs first. The director of development and business services may grant a single extension of this time limit of no more than 60 calendar days upon a request of the developer and a showing that construction of the development has been delayed due to no fault of the developer. After removal of the coach, the sales/leasing office may relocate to a permanent building on the development site.

F. The coach may be located in a required setback, except a setback that adjoins a single-family zone.

G. A building permit is required for installing the coach, for installing access ramps, and for sewer, water and electrical connections.

H. The coach must be labeled as a commercial coach by the Washington State Department of Labor and Industries.

I. If the floor area of the coach exceeds 400 square feet, the exterior walls shall provide one hour fire protection, or an approved sprinkler system shall be installed within the coach.

J. The coach shall not be located in required fire lanes and shall be accessible to emergency equipment.

K. Fire extinguishers shall be located in or around the sales office, as required by the fire marshal.

L. Persons not directly involved in construction/rehabilitation of the dwelling units (including, but not limited to, office staff, potential buyers/lessors, or other visitors to the office) shall not be allowed access to the construction area for any reason.

M. Temporary landscaping shall be placed around the base of the coach, subject to the approval of the development and business services director. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2316 § 5, 2000)

16.40.500 Revocation.

The development and business services director may revoke approval of a temporary sales/leasing office approved under this chapter if the director finds that the installation or use of the office violates one or more provisions of this chapter or the Lynnwood Municipal Code. The director shall notify the applicant and any other party to the original decision in writing of revocation. A decision to revoke approval of an office may be appealed pursuant to Process II. In the event of revocation, the office shall be closed immediately and all improvements related to the office shall be removed from the site within 15 calendar days of the effective date of the revocation. This authority shall be supplemental to, and in no way shall limit, separate authority to enforce the provisions of this title or code. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2316 § 6, 2000)