Algona City Zoning Code

22.48 Supplementary

Use Regulations

22.48.010 Accessory dwelling units.

Accessory dwelling units are permitted uses in all residential zoning districts as well as the mixed use zoning district, subject to the requirements set forth in this chapter and the requirements of the individual district.

1. Compliance with Applicable Codes. Accessory dwelling units shall comply with this chapter and all other applicable codes, including but not limited to the building and zoning codes.

2. Certification by City of Algona Public Works Department. A certification must be provided by the Algona public works department that the water supply and sewage disposal facilities for an accessory dwelling unit are adequate to serve it.

3. Types of Accessory Dwelling Units. The following types of accessory dwelling units are permitted, including: interior, attached, or detached accessory dwelling units as defined in AMC 22.08.010.

4. Quantity. A total of up to two accessory dwelling units shall be allowed on each lot where it is a permitted use. If the lot meets the minimum lot size for the principal unit, at least one accessory dwelling unit shall be allowed.

5. Density. Accessory dwelling units shall not count towards density calculations.

6. Size Restrictions. An accessory dwelling unit shall contain not less than three hundred square feet of gross floor area and shall contain not more than or equal to the gross floor area of the primary structure so long as it does not result in the city declaring the minimum size of the accessory dwelling unit is less than one thousand square feet of gross floor area. The maximum height shall be twenty-five feet.

7. Parking. See Chapter 22.40 AMC.

8. Conversion of Garage Space. Garage space used for meeting required parking standards may be converted into an accessory dwelling unit only if the number of covered spaces eliminated by the conversion is replaced by the same number of spaces elsewhere on the property such that the requirements of Chapter 22.40 AMC continue to be met.

9. Appearance. All of the structures on the property shall have the appearance of a single-family dwelling unit plus allowed accessory structures.

10. Segregation of Ownership Prohibited. An accessory dwelling unit shall not be segregated in ownership from the primary residence unless done so via a subdivision or condominium process.

11. Siting. Detached accessory dwelling units shall be allowed to be sited at a lot line if the lot line abuts a public alley, unless the public alley is routinely plowed for snow by a governmental entity.

12. Conversion. Accessory dwelling units shall be allowed to be converted from existing structures, including but not limited to detached garages, even if they violate current code requirements for setbacks or lot coverage.

13. The city shall not prohibit the sale or other conveyance of a condominium unit independently of a principal unit solely on the grounds that the condominium unit was originally built as an accessory dwelling unit.

14. These requirements shall not be applicable in the following circumstances:

a. Any portion of the project site is designated as critical areas under RCW 36.70A.170 or their buffers as required by RCW 36.70A.170, except for critical aquifer recharge areas where a single-family detached house is an allowed use; provided, that any requirements to maintain aquifer recharge are met; or

b. Any portion of the project site is in a watershed serving a reservoir for potable water if that watershed is or was listed, as of July 23, 2023, as impaired or threatened under Section 303(d) of the Federal Clean Water Act (33 U.S.C. 1313(d)).

c. Any portion of the project site is in a designated urban separator by way of King County countywide planning policies as of July 23, 2023; or

d. Any portion of the project site was created through the splitting of a single residential lot.

e. Any portion of the project site is within one-half mile of a major traffic stop. For the purposes of this section as it relates to accessory dwelling units only, a major traffic stop is defined as:

i. A stop on a high capacity transportation system funded or expanded under the provisions of Chapter 81.104 RCW;

ii. Commuter rail stops;

iii. Stops on rail or fixed guideway systems, including transitways;

iv. Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or

v. Stops for a bus or other transit mode providing actual fixed route services at intervals of at least fifteen minutes for at least five hours during the peak hours of operation on weekdays

B. Requirement of Registration. Any property owner seeking to establish a legal accessory dwelling unit shall apply to register the unit with the building official. The application shall provide that the property owner agrees to maintain the accessory dwelling unit in compliance with the standards set forth in this chapter.

C. Actions by Building Official. After receipt of a complete application, the building official shall observe the property to confirm that the standards of this chapter are met prior to issuing approval of an accessory dwelling unit.

1. New Construction. New construction shall be subject to all requirements of the building code.

2. Existing Construction. Existing construction shall be subject to all requirements of the building code which was in existence at the time of construction.

D. Recordation. After approval, a registration form signed by the record holders of the property shall be recorded with the King County department of records and elections. Said registration form shall contain the street address and legal description of the property and shall set forth the requirement for maintaining the accessory dwelling unit in compliance with the requirements of this chapter.

E. Cancellation of Registration. The registration of the accessory dwelling unit may be canceled by the property owner by recording a certificate of cancellation in a form satisfactory to the building official with the King County department of records and elections. The building official may record a notice of cancellation upon failure to comply with the standards set forth in this chapter.

F. Fees. Application fees are set forth in Chapter 2.50 AMC. The property owner shall be responsible for payment of all fees, filing and recording costs.

1. Accessory dwelling units shall not be required to provide public street improvements as a condition of permitting. (Ord. 1255-25 § 10, 2025; Ord. 1190-21 § 2, 2021; Ord. 1059-12 § 21; Ord. 817 § 2, 1996).

22.48.020 Bed and breakfast facilities.

The following standards apply to all bed and breakfast facilities:

A. Bed and breakfast facilities are allowed as follows:

1. Facilities having one or two sleeping rooms will be permitted administratively as a home occupation,

2. Facilities having three to five sleeping rooms shall require a special home occupation permit as specified in AMC 22.48.050;

B. No meals other than breakfast served before noon shall be provided in bed and breakfast facilities;

C. Kitchen facilities are prohibited in guest rooms;

D. Bed and breakfast residences shall be restricted to owner-occupied single-family residences;

E. No more than five sleeping rooms shall be available for the accommodation of bed and breakfast residence visitors;

F. No more than fifteen guests shall be accommodated at any one time in bed and breakfast facilities of five rooms or less;

G. Occupancies shall be limited to less than thirty consecutive days;

H. The exterior of the building shall maintain a residential appearance;

I. The bed and breakfast residence shall be operated in a way that will prevent unreasonable disturbance to area residents;

J. One off-street parking space shall be provided for each guest room in addition to parking required for the residence. All parking spaces will be as per standards referenced in parking section;

K. Approval shall be conditional upon compliance with all applicable state building code requirements, state liquor laws, and state sanitation requirements;

L. One noninternally illuminated or nonreflective sign no larger than two square feet, containing only the name of the business, and hours of operation will be permitted. (Ord. 1190-21 § 2, 2021; Ord. 817 § 2, 1996).

22.48.030 Religious institutions.

The following standards apply to all religious institutions:

A. Buildings shall maintain a minimum setback of twenty feet from all property lines;

B. The maximum lot coverage of structures may not exceed forty percent;

C. The storage of buses or vans over ten thousand pounds is permitted on site under the following conditions:

1. The location of the parking areas for these vehicles is indicated on the site plan at the time of application;

2. No more than two large vehicles may be stored on site at any given time;

3. Vehicles shall not intrude into public rights-of-way or obstruct sight visibility from any driveway or intersection;

4. Structural and/or natural screening, as approved by the city, screens the vehicles from view of neighboring properties;

D. Dwelling Units. Any dwelling in conjunction with a religious institution shall comply with the provisions governing residential uses in the district where it is located;

E. Conversion. No existing building or structure shall be converted to a religious institution unless such building complies or is brought into compliance with the provisions of this code or any other applicable city regulations;

F. Screening. There shall be sight-obscuring screening along the perimeter of associated parking areas which are located across the street from or abutting a residential use.

G. The provisions of this code governing religious institutions, including without limitation the standards set forth in this section, shall be construed and administered in a manner consistent with applicable state and federal law regarding the free exercise of religion. (Ord. 1190-21 § 2, 2021; Ord. 817 § 2, 1996).

22.48.040 Community residential facilities.

The following standards and conditions apply to all community residential facilities:

A. “Group homes” in the city of Algona are classified as “community residential facilities (CRFs).” CRFs include all uses defined by AMC 22.08.014, including housing for persons with disabilities, children and domestic abuse shelters. CRFs do not include halfway houses (as defined by AMC 22.08.024). Secure community transition facilities are neither group homes nor transitional housing; they are classified as a separate use in Chapter 22.33 AMC.

B. CRFs are single-family structures, allowed in all residential and commercial zones. CRFs may house up to five residents plus two caregivers, with the special exception that state-licensed adult family homes and foster family homes are exempt from the city’s numerical limit.

C. Additionally, special exceptions to the limit on the number of occupants of CRFs may be granted for persons with disabilities pursuant to the accommodation procedure provided in subsection E of this section.

D. In the single-family zone, CRFs are required to be a single-family structure compatible with the surrounding area.

1. Purpose. The city recognizes the need to make reasonable exceptions to its zoning code, if requested, to accommodate the special needs of persons with disabilities.

2. Application. Such exceptions may include:

a. Increasing the number of nonrelated persons allowed to live together in a single-family house;

b. Reducing setback requirements to retrofit a house with handicap accessible facilities;

c. Other modifications to the zoning code necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling, provided such modification does not reduce public safety nor keep the intent of the code from being met.

3. Authority. Exceptions from code requirements are made pursuant to the requirements of the Federal Fair Housing Amendments Act of 1988, 42 USC Section 3604(f)(3)(B); and Washington Law Against Discrimination, Chapter 49.60 RCW for persons with disabilities as defined by federal law in 42 USC Section 3602(h).

a. Request for Accommodation. Any person claiming to have a disability, or someone acting on his or her behalf, who wishes to be excused from an otherwise applicable requirement of this zoning code must provide the planning director with verifiable documentation of the disability and need for accommodation.

i. Director Authority. If disability and need for accommodation are demonstrated, the planning director, in consultation with the city attorney, is hereby authorized to vary, modify, or waive the provisions of the zoning code, in order to provide reasonable accommodation necessary to afford a disabled person the opportunity to use a dwelling.

ii. Prompt Action. The director shall act promptly on the request for accommodation.

iii. No Fee. The director shall not charge a fee for responding to such request.

iv. Appeal. The director’s decision shall constitute final action by the city on the request for accommodation, and review of that decision will be available only in court. An action seeking review must be filed no more than twenty-one days after the director’s decision.

i. Reasonable Response. The city’s duty to accommodate is an affirmative one, and the director is thereby authorized to provide accommodations in a thoughtful and reasonable manner.

ii. No Loss of Code Purpose or Safety. No reasonable accommodation shall be provided to any chapter of the zoning code, or other code adopted pursuant thereto, which does not substantially accomplish the purposes of that chapter or which would reduce the public safety.

iii. Burden of Proof on Applicant. The applicant shall have the burden of establishing that the proposed modification, waiver, or variance accomplishes substantially the same purpose without reduction of safety.

iv. Minimum Accommodation Needed. The accommodation shall be the minimum necessary to grant relief to the applicant.

i. Accommodation Personal Unless Similar Use Reestablished Within Six Months. The accommodation provided shall be personal to the applicant and shall not run with the land; provided, however, that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site which establish the same use within six months of the date the prior use by disabled persons or residential care provider ceases.

ii. Structure May Be Required to Be Brought Back into Compliance. The director may direct that any physical change in the structure which would otherwise be illegal under the zoning code, or other section of the Algona Municipal Code, be brought into compliance six months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the Americans with Disabilities Act (ADA), Fair Housing Act (FHA), and the Washington Law Against Discrimination (WLAD). (Ord. 1190-21 § 2, 2021).

22.48.050 Home occupations.

A. Purpose. Home occupations are required to have a business license as issued by the city clerk, comply with all city codes and ordinances, and shall be consistent with the following provisions.

B. The following requirements apply to home occupations:

1. Only members of the immediate family residing on the premises may be employed.

2. No inventory is kept (other than incidental supplies necessary for and consumed in the conduct of such home occupation) or commodities sold other than those produced on the premises. Samples may be kept but not sold on the premises. No outside storage of commodities used in the conduct of the business allowed.

3. The home occupation(s) shall not use electrical or mechanical equipment that results in:

i. A change to the fire rating of the structure(s) used for the home occupation(s);

ii. Visual or audible interference in radio or television receivers, or electronic equipment located off premises; or

iii. Fluctuations in line voltage off premises.

4. Not more than one-fourth of the floor area of any building is devoted to such occupation, nor in any case to exceed three hundred square feet.

5. Such occupation shall not require internal or external alteration or involve construction features not customarily found in a family dwelling.

6. The conduct of any home occupations, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking as per AMC 22.40.020.

7. Only one sign is permitted, one square foot in area, nonilluminated and attached to a building.

8. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences.

9. No more animals are maintained on the premises than what may otherwise be permitted in the zone.

10. The home occupation is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, vibrations, or odor.

C. Exemptions. Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses do not need to comply with the requirements of subsection B of this section as long as the use does not operate for more than twenty days in any one calendar year or in violation of any other provisions of the Algona Municipal Code. To qualify for this exemption, garage and yard sales must involve only the sale of household goods, none of which were purchased for the purpose of resale.

1. Special home occupation permits are required and must be applied for (in writing on appropriate forms supplied by the city) for the following uses even if the use meets all ten of the requirements listed above (subsections (B)(1) through (10) of this section), but in no case shall any home occupation meet less than eight of the ten requirements:

i. Automobile repair and rebuild;

ii. Personal service shops;

iii. Music and dancing studios;

iv. Bed and breakfast facilities (three to five rooms);

v. Home occupations that can only meet eight of the ten requirements outlined in subsection B of this section.

2. In considering applications for special home occupation permits, the city council shall consider the nature and conditions of all adjacent structures, and no such special home occupation permit shall be authorized unless the city council finds the authorizing of such special home occupation permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, and that the authorization of such special home occupation permit will be consistent with the spirit and purpose of this title. In authorizing a special home occupation permit, the city council may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this title, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest.

3. A public hearing shall be conducted on all applications for a special home occupation permit in accordance with the provisions of Chapter 22.68 AMC.

1. It is provided that, for purposes of this title, the city’s regulatory role for family day care, defined as day care centers providing in-home care for twelve or fewer children and which are licensed by the state of Washington pursuant to Chapter 35A.63 RCW, is limited to the provisions of subsection B of this section.

2. Day care centers, home-based day care shall:

i. Comply with all building, fire, safety and health codes;

ii. Conform to lot size, building size, setbacks and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure;

iii. Include signage, if any, that conforms to applicable city regulations;

iv. Conduct hours of operation that are compatible with the neighborhood;

v. Provide proof of written notification of immediately adjoining neighbors to the city. This proof must be provided prior to state licensing. Written notification to neighbors must include the following elements:

a. Nature of the application;

b. Maximum number of children to be kept;

c. Maximum number of employees;

d. Days and hours of operation;

vi. Must apply for and obtain city home occupation license concurrently with state licensing.

F. Termination. The city council may terminate any home occupation if it finds, notwithstanding any provision of this chapter, that the use is being conducted in a manner which is detrimental to the public health, safety or welfare, or adversely affects the residential qualities of adjacent properties. In making such findings, the board of adjustment shall hold a public hearing in accordance with Chapter 22.68 AMC. (Ord. 1190-21 § 2, 2021).

22.48.060 Live/work units.

The following standards and conditions apply to all live/work units:

A. The workspace component must be located on the first floor or basement of the building, with an entrance facing the primary abutting public street.

B. The dwelling unit component must be located above or behind the workspace, and maintain a separate entrance located on the front or side facade and accessible from the primary abutting public street.

C. A total of two off-street parking spaces shall be provided for a live/work unit in addition to any off-street parking as specified in Chapter 22.40 AMC, located to the rear of the unit, or underground/enclosed.

D. The size and nature of the workspace shall be limited so that the building type may be governed by residential building codes. An increase in size or intensity beyond the specified limit would require the building to be classified as a mixed-use building.

E. The business component of the building may include offices, small service establishments, home crafts which are typically considered accessory to a dwelling unit, or limited retailing, by appointment only, associated with fine arts, crafts, or personal services. The business component shall be limited to those uses otherwise permitted in the zone, which do not require a separation from residentially zoned or occupied property, or other protected use. It may not include a wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business or auto service or repair for any vehicles other than those registered to residents of the property. (Ord. 1190-21 § 2, 2021).

22.48.070 Manufactured homes.

A. A manufactured home (see AMC 22.08.034 for definition) is allowed in all zoning districts that allow single-family residences and shall meet the following criteria:

1. Approved by the Washington State Department of Labor and Industries or the U.S. Department of Housing and Urban Development, and the appropriate certification insignia is affixed to the unit;

2. Comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;

3. Set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load-bearing or decorative;

4. Compliant with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;

5. Thermally equivalent to the State Energy Code;

6. Originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal three-to-twelve pitch or greater;

7. Sided with exterior siding similar in appearance to materials commonly used on conventional site-built International Building Code single-family residences; and

8. A new manufactured home as defined in RCW 35.63.160(2).

B. All alterations of and additions to a manufactured home require:

1. A city of Algona building permit be obtained, as administered by the building official, to meet the requirements of AMC Title 15, Buildings and Construction, now and as hereafter amended.

2. Written evidence of approval of the alteration/addition from the State Department of Labor and Industries, as required by Chapter 43.22 RCW and Chapter 296-150M WAC, now and as hereafter amended.

3. Compliance with subsection A of this section. (Ord. 1190-21 § 2, 2021).

22.48.080 Recreational vehicles.1

A. Purpose. The purpose of this section is to protect the visual character and identity of the city by regulating the use of recreational vehicles within city limits.

B. Overnight Use – Regulation. No recreational vehicle shall be used as a permanent place of residence or dwelling for indefinite periods of time in the city of Algona. No recreational vehicle shall be occupied for more than seventy-two hours unless approved as follows:

1. Permission may be granted for up to thirty days by the mayor upon receipt of written request by the property owner stating the nature of the request.

2. Permission may be granted over thirty days by the city council upon receipt of written request by the property owner to the city clerk’s office stating the nature of the request.

C. Regulation – Utility Connection/External Appurtenances Prohibited. No recreational vehicle approved as above shall:

1. Connect to or be supplied any public utility from the main residence except as approved by the mayor.

2. Attach any external appurtenances, such as carports, cabanas, or patios, except as approved by the mayor.

D. Commercial Use Prohibited. No recreational vehicle shall be occupied for commercial purposes within the city of Algona. (Ord. 1190-21 § 2, 2021).

1Ord. 1190-21 added two sections numbered 22.48.070. This section has been editorially renumbered to avoid duplication.

22.48.090 Temporary buildings for use during construction.1

The use of temporary buildings during construction shall not exceed six months. (Ord. 1190-21 § 2, 2021).

1Ord. 1190-21 added two sections numbered 22.48.070. This section has been editorially renumbered from 22.48.080 to accommodate.

22.48.100 Boarding (lodging or rooming) houses.

Each sleeping unit in a boarding (lodging or rooming) house shall count as one-quarter of a dwelling unit for purposes of calculating dwelling unit density. (Ord. 1255-25 § 10, 2025).

22.48.110 Commercial/mixed use conversion.

The addition of dwelling units added within an existing building, as defined in AMC 22.08.018, if that existing building is located on a property zoned commercial/mixed use, shall be permitted, subject to the requirements set forth in this chapter and the requirements of the individual district.

A. Density. A building permit application for the addition of housing units within an existing building envelope shall be granted a fifty percent density bonus.

B. Parking. See AMC 22.40.020(E).

C. Location. Dwelling units added through conversion shall not be located on the ground floor of an existing building that is commercial or retail and that is along a major pedestrian corridor.

D. Nonconformity. A building permit application for the addition of housing units within an existing building shall not be denied on the basis that the existing building does not conform due to parking, height, setbacks, elevator size for gurney transport, or modulation unless the public works director or designee makes written findings that the nonconformity is causing a significant detriment to the surrounding area.

E. Studies. A building permit application for the addition of housing units within an existing building shall not be required to undertake a transportation concurrency study under RCW 36.70A.070 or an environmental study under Chapter 42.21C RCW.

F. Standards. All permit applications for the addition of housing units within an existing building shall comply with the generally applicable health and safety standards, including but not limited to building, life, and fire code standards. (Ord. 1255-25 § 10, 2025).