Chapter 18.140
ACCESSORY USES

Sections:

18.140.010    Purpose.

18.140.020    Home businesses.

18.140.030    Accessory dwelling units.

18.140.040    Short-term rentals.

18.140.050    Tent structures.

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 potential 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 multi-family residence; provided, that:

1. A home business shall be conducted only by immediate family members residing in the dwelling.

2. All home businesses must apply for, receive, and maintain in good standing a city business license.

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 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. 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 chapter 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.

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 shall not be permitted on a nonconforming lot.

2. One of the dwelling units shall be occupied by one or more owners of the property as the owner’s primary, permanent and principal residence and any rental of the dwelling unit that is not owner occupied must be a long-term rental of at least 60 days. A principal or accessory dwelling unit is occupied by the property owner if the owner maintains residency in one of the units for at least six months out of the year, and at no time receives rent for, or otherwise allows to be occupied, the owner-occupied unit if absent for the remainder of the year. Falsely certifying owner occupancy shall be considered a violation of the provisions of this section.

B. An applicant must submit an affidavit, in a format approved by the city, signed by the property owner before a notary public, affirming that the owner occupies either the main building or the accessory dwelling unit for more than six months of the year. Verification may include submittal of federal tax records indicating property as a primary residence and voter registration.

Upon sale of the property, the new owner shall be required to sign a new affidavit and to register the ADU, paying a reauthorization fee in accordance with the city fee schedule.

C. The applicant must have owned the property for at least six months prior to filing an application for an ADU permit.

D. 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 in a manner that is compatible with the character of the neighborhood and must be maintained for year-round access.

5. ADUs shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit.

E. 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.

3. A maximum of two bedrooms are allowed.

F. Building Characteristics for Detached ADUs.

1. All ADUs must comply with Chapter 18.50 RMC, Architectural Design Review, or Chapter 18.60 RMC, Historic Register Design Review, if applicable.

2. ADUs shall not exceed the height of the primary structure.

3. The location of windows shall take into account the privacy of adjacent homes.

4. Siding and landscaping shall be used to minimize the visual appearance of the ADU.

G. ADUs shall be permitted through the issuance of a certificate of zoning compliance which is a Class 1 permit. Failure to comply with the terms and conditions of approval and/or to maintain a city business license in good standing may result in the revocation of permits and approvals for the ADU and/or civil penalties for noncompliance with the city’s development regulations.

H. Inspection. After receipt of a complete application and prior to final approval of an accessory dwelling unit permit, the city shall inspect the property to confirm that the accessory dwelling unit meets all requirements of this chapter and other applicable codes or regulations.

I. Recording and Covenant Requirements. Approval of an ADU permit shall be subject to the applicant recording a property covenant in a form approved by the city with the Kittitas County auditor’s office. The covenant shall run with the land and bind all current and future property owners, and the owner’s assigns, beneficiaries and heirs. A copy of the recorded information shall be returned to the planning official within 10 days of recording. A final inspection will not be granted and a certificate of occupancy may not be approved without a copy of the information recorded with the Kittitas County auditor’s office. The recorded information shall:

1. Identify the address of the property;

2. Identify the owner(s) and state that the owner(s) resides in either the principal dwelling unit or the ADU and that the existence of the accessory dwelling unit is predicated upon the occupancy of either the accessory dwelling unit or the primary dwelling by the current owner of the property;

3. Include a statement that there is a signed affidavit on file with the city meeting the requirements of this chapter;

4. Include a statement that the owner(s) shall notify any prospective purchasers of the limitations of this chapter and an agreement to provide for the removal of improvements added to convert the premises to an accessory dwelling unit and the restoration of the site to a single-family dwelling in the event that the requirements of this chapter or any condition of approval are violated;

5. Provide for the removal of the ADU if any of the requirements of this title are violated.

J. Enforcement. The city shall retain the right to inspect the accessory dwelling unit, at any reasonable time and with reasonable advance notice, for compliance with this chapter.

K. 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. The ADU inspection fee, as set by resolution of the city council, will cover the building inspection of the ADU.

L. Reinstating an ADU. The owner of a building in which an ADU previously existed and was removed may reinstate an ADU, provided the city determines through a building inspection that the ADU is sound, does not pose a hazard to people or property, and meets the requirements of this chapter and the building code. The ADU inspection fee will cover the building inspection of the ADU.

M. Annual ADU Report to City Council. The planning official shall report annually to the city council on the number of ADUs and their distribution throughout the city, the average size of units, and the number and type of complaint- and enforcement-related actions.

N. Civil Penalties for Unauthorized. In addition to any other sanction or remedial procedure that may be available, the following penalties apply to any owner of a single-family dwelling unit with one or more unauthorized dwelling units in a detached accessory structure. Any owner of a single-family dwelling unit who is issued a notice of violation for an unauthorized dwelling unit that is not a legally conforming use is subject to a civil penalty as established by resolution of the Roslyn city council. This penalty shall be reduced by 90 percent if, prior to the compliance date stated on the notice, the owner removes all unauthorized dwelling units or discontinues the unauthorized use. Any owner of a single-family dwelling unit who voluntarily applies to legalize an accessory dwelling unit prior to issuance of a notice of violation for an unauthorized dwelling unit, and obtains final inspection approval for the unit within one year of issuance of permit, shall not be subject to a civil penalty.

O. After discovery of the existence of an unauthorized detached accessory dwelling unit, the city shall notify the property owner that a certificate of zoning compliance is required. Upon evidence of cooperation of the property owner, the city may waive the fees and penalties and provide a reasonable period of time to bring the ADU into compliance and to secure the required permits and approval. The lack of cooperation and/or the failure to bring the ADU into compliance in a timely manner as determined by the city may result in the issuance of a notice of violation, which shall impose the civil penalty and notify the owner of the date by which action to remove, discontinue or legally establish the unauthorized unit must be completed in order to avoid additional penalty. Failure to complete the required action by the stated date shall be a further violation of the development regulations. [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 permit shall be processed as a Class 1 application. 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, which shall include a certificate of zoning compliance. 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 city of Cle Elum 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, city of Cle Elum 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. This requirement is in addition to the off-street parking minimums set forth in the development regulations for dwelling units.

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. 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. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.140.050)), 2010.]