Home occupation permits allow visible commercial activity within residences, such as customers or clients visiting the location, while ensuring that all commercial activity remains incidental to the residential use and does not interfere with the residential character of the neighborhood through, noise, traffic, safety hazards, or any other public nuisances not typical to the neighborhood.

Home occupation permits are not equivalent to a home occupation license which is reviewed by the city and issued through the State of Washington Department of Revenue.

Home occupation permits specific to bed and breakfast establishments (B&Bs) and short-term rentals (STRs), also known as vacation rentals, are addressed in LMC 19.57.300.

(Ord. No. 23-1665, § 3, 3-7-2023)

A.

The planning director is authorized to approve home occupation permits consistent with the regulations of this chapter.

B.

Home occupations shall be permitted as an accessory use to residential single family and residential multi-family uses in all zones, provided that the home occupation is clearly and obviously subordinate to the main use or dwelling unit for residential purposes.

C.

Home occupations shall be conducted wholly within the primary structure or existing accessory building on the premises. The primary use of the premises shall be residential and at no time shall the home occupation become the predominate use.

D.

The home occupation must be conducted by a resident of the dwelling unit. Only one home occupation permit may be in effect at any one time on the premises.

(Ord. No. 23-1665, § 3, 3-7-2023)

The following activities are exempt from the permit requirements of this chapter and shall be considered an accessory use and permitted outright with no permit required. However, exempt activities are subject to all conditions of this chapter specifically 19.57.050. In addition, complaints on any exempt activity will cause review of exempt status.

A.

Those activities which involve office work for a business primarily conducted elsewhere, has no outward manifestation of the business and has no customers or employees visiting the premises; shall be considered exempt.

B.

Part-time instructional activities such as but not limited to, tutoring, fine arts and music lessons provided that there is no negative impact to the neighborhood and surrounding areas.

(Ord. No. 23-1665, § 3, 3-7-2023)

The following activities are not eligible for a home occupation permit because of their incompatibility with the character of a residential neighborhood.

A.

Retail store fronts with set hours.

B.

Rental of products;

C.

Vehicle repair, automobile detailing or automobile servicing activities;

D.

Medical or professional clinics;

E.

Hospitals and mortuaries;

F.

Eating and/or drinking establishments;

G.

Stables and kennels.

(Ord. No. 23-1665, § 3, 3-7-2023)

The following standards shall apply to all home occupations. An applicant wishing to apply for a business license for a home occupation must demonstrate compliance with these standards prior to obtaining a business license. The home occupation shall be conducted in a manner which will not alter the normal residential character of the premises or the surrounding neighborhood.

A.

The home occupation does not involve equipment or processes that introduce noise, smoke, dust, fumes, vibrations, odors, or any other hazardous substance in excess of those normally common to residential areas.

B.

Business visitors or customers shall be limited to a combined total of ten visits per week with no more than a combined total of five visits per day.

C.

Materials, goods or commodities shall be delivered to or from the premises where the home occupation is located between the hours of eight a.m. to seven p.m. Truck delivery or pick-up not common to a residential neighborhood is not allowed.

D.

The home occupation shall not exceed twenty-five percent of the floor area of the primary structure or fifty percent of an accessory building on the premises.

E.

There shall be no exterior modification of the primary structure or accessory building in order to accommodate the home occupation, nor shall there be any outward manifestation of the home occupation. The home occupation shall not be visible or audible from any property line.

F.

No more than one assistant or employee, in addition to the resident(s), may engage in the home occupation on the premises. However, for home occupations that do not generate business visitors, additional employees may be allowed at the sole discretion of the planning director. Nonresident working hours must take place between seven a.m. and seven p.m. to avoid neighborhood disruption.

G.

Adequate on-site parking shall be provided for all employees of the home occupation and under no circumstances shall such parking cause negative traffic or parking impacts for the neighborhood.

H.

A flat unlighted sign flush against the primary structure or accessory building is allowed. Such sign shall not exceed four square feet in area. The sign shall state only the name, address and phone number of the occupant and the home occupation.

Any variance to the above conditions or restrictions must be approved by the planning commission through a hearing process outlined in this chapter.

(Ord. No. 23-1665, § 3, 3-7-2023)

A.

For home occupations that are not exempt from the permit requirements of this chapter, the following process and procedures apply:

1.

Permit process

a.

An application may be filed on forms provided by the planning department for a home occupation permit. A fee as established by resolution of the city council shall accompany the application.

A list of property owners within three hundred feet of the applicant's parcel shall be submitted as part of the application and shall reflect the latest available records of the Whatcom County assessor's office.

b.

When the application has been found to be complete it will be reviewed by the technical review committee (TRC). The TRC will create a report which may include recommended conditions of approval.

c.

Once a final TRC report has been issued the applicant will be required to send a notice, by certified mail, to the list of property owners within three hundred feet. The notice shall state:

1.

A description of the proposed action;

2.

Any conditions of approval recommended by the TRC;

3.

Dates and contact information outlining a fourteen-day public comment period.

d.

The planning director will accept comments and document parties of record during a fourteen-day comment period. The director may then adjust final recommendations, if appropriate, to mitigate neighborhood concerns, and make a final determination. Parties of record, who have inquired or commented regarding the application during the prescribed comment period, must be notified of the final decision. This notice must include a deadline for appeal of the decision consistent with LMC 17.11.

e.

The planning director shall have the authority to approve, deny or to place additional conditions on the application as deemed necessary to protect the surrounding neighborhood from any detrimental impact which may arise from the proposed use. In approving the application, the planning director shall find:

1.

The application is consistent with the conditions of Section 19.57.140 above, and

2.

The application meets the standards and criteria listed in Lynden Municipal Code 19.57.210 and the request includes mitigation of any detrimental effects to the surrounding neighborhood.

f.

An appeal of the planning director's decision can be made according to LMC 17.11.

2.

Once a home occupation permit has been issued, it shall not be transferable to another person, entity, business or location, nor shall the specified conditions be changed in any manner except upon reapplication.

(Ord. No. 23-1665, § 3, 3-7-2023)

A.

If the community development director finds that the home occupation use violates the conditions of a home occupation use permit or this chapter, the community development director shall notify the permit holder or licensee in writing of the decision that the home occupation use permit or business license shall be suspended or revoked unless the violation is abated.

Appeal of the community development director's administrative decision to suspend or revoke a home occupation use permit or business license may be appealed according to the procedures set forth in LMC 17.11.

(Ord. No. 23-1665, § 3, 3-7-2023; Ord. No. 23-1680, § 3, 1-16-2024)

Conditional use permits regulate certain uses which, because of their size, special requirements, adverse impacts, possible safety hazards or detrimental effects on surrounding properties are classified as conditional uses. Unlike home occupation permits, conditional use permits may be proposed in multiple zoning categories including commercial and industrial areas.

(Ord. No. 23-1665, § 3, 3-7-2023; Ord. No. 25-1708, § 1, 6-2-2025)

A.

Certain uses may be allowed by a CUP granted by the city council, after it receives the recommendation of the planning commission. The planning commission shall issue its recommendation after a public hearing on the CUP application. In the application and during the hearing process, it shall be clearly shown by the applicant that the proposed use is not detrimental to the surrounding area or a liability to adjacent uses. For the purpose of this chapter, the surrounding area, or neighborhood, means those parcels that are in close proximity to the subject parcel.

B.

An application for a CUP may be made only for those uses specified under the conditional use section of the appropriate zoning district. See Chapters 17.05, 17.07 and 17.09 of the Lynden Municipal Code for application details.

C.

The planning commission and council shall enter findings to support any recommendation or decision on a CUP application. Conditions may be attached to CUP approvals to mitigate any adverse impacts, protect surrounding properties and to promote the general welfare of the public. A CUP will be granted only if the proposed use complies with the standards and criteria listed below. The applicant shall bear the burden of proof in all CUP proceedings.

1.

The proposed use in the proposed location will not be detrimental to surrounding uses legally existing or permitted outright within the zoning district.

2.

The proposed use, together with proposed mitigation, will not be detrimental to public health or safety and will be compatible with the surrounding area and land uses with respect to the following:

a.

Traffic and pedestrian circulation;

b.

Noise, smoke, fumes, glare or odors generated by the proposed use;

c.

Building and site design; and

d.

The physical characteristics of the subject property.

3.

The proposed use is supported by adequate public facilities and services unless conditions can be established to mitigate adverse impacts to those facilities or services.

4.

The traffic generated by the proposed use will not cause the traffic circulation system in the vicinity to deteriorate below the adopted level of service.

5.

The proposed use complies with the performance standards, parking requirements, height, setback and lot coverage requirements, landscaping standards and other provisions of the Lynden Municipal Code.

6.

There are adequate buffering devices, as specified in the landscape standards, or other topographic characteristics, to protect the adjacent properties from adverse impacts of the proposed use.

7.

The proposed use will not destroy or substantially damage any natural, scenic or historic feature of major importance.

8.

The proposed use is generally consistent with the purposes and objectives of the city comprehensive plan and applicable sub-area plan.

(Ord. No. 23-1665, § 3, 3-7-2023; Ord. No. 25-1708, § 1, 6-2-2025)

The following uses are conditional in the zones listed below and are subject to the following restrictions, in addition to the standards and criteria in Section 19.49.020.

A.

Conditional use permits shall expire twelve months after issuance unless construction or the establishment of the use has commenced. The community development director may extend the expiration date by six months upon written request and evidence that the applicant intends to activate the permit within that time limit.

B.

An application for a CUP that has not been approved or has been denied in whole or in part shall not be resubmitted for a period of one year from the date of such denial.

(Ord. No. 23-1665, § 3, 3-7-2023; Ord. No. 25-1708, § 1, 6-2-2025)

Conditional uses are often dynamic in nature offering new services or expanding based on community needs or market demands. Significant modifications or expansions of existing conditional uses, or additions to such uses, shall require application for an additional conditional use permit. The community development director may administratively consider, approve, or disapprove additions or modifications to an approved conditional use when such addition or modification meets the following criteria:

A.

The addition or modification to the building(s) is not inconsistent with the use which was originally approved; and

B.

The addition or modification is determined by the community development director not to have a significant impact beyond the site based on the criteria listed Section 19.57.210 above or the criteria specific to the sub-area.

C.

The modification or expansion is appropriately screened, can meet minimum setback requirements, and does not exceed maximum lot coverage.

D.

Such additions or modifications approved administratively shall be recorded by the community development director on the CUP record.

(Ord. No. 23-1665, § 3, 3-7-2023; Ord. No. 25-1708, § 1, 6-2-2025)

Any CUP that is issued, shall certify the location, nature and extent of the uses, together with all conditions that are imposed, and other information deemed necessary for the issuance of the permit. A copy of the permit shall be kept on file and reviewed annually by the community development director. If at any time it is found that the use no longer complies with the conditions specified therein the owner shall be declared in violation of this chapter.

Any such violation is a civil infraction and shall subject the person responsible for the violation to a C-9 penalty (see LMC 1.24.040) and/or revocation of the conditional use permit.

(Ord. No. 23-1665, § 3, 3-7-2023; Ord. No. 25-1708, § 1, 6-2-2025)

Bed and breakfast establishments and short-term rentals allow lodging that is not a hotel or motel, in which a dwelling unit, or portion thereof is offered or provided to a guest by a short-term rental operator for fewer than thirty consecutive nights.

(Ord. No. 23-1665, § 3, 3-7-2023; Ord. No. 25-1708, § 1, 6-2-2025)

A.

The community development director is authorized to approve bed and breakfast (B&B) establishments and short-term rentals (STRs) consistent with the regulations of this chapter.

B.

Establishments meeting the conditions and criteria outlined in LMC 19.57.320 are permitted as follows:

1.

B&Bs and STRs are permitted in detached homes or an ADU associated with a single-family home that is located on residentially or commercially zoned properties.

2.

STRs are permitted in attached housing types such as townhomes or apartments under the following conditions:

a.

The underlying zoning category is RM-4.

b.

No more than ten percent of units within the complex be offered as STRs.

c.

Local management is available to all units in the complex twenty-four hours a day, seven days a week to address noise complaints, inappropriate behavior, or maintenance issues that may arise related to the STRs.

d.

The fee associated with a city of Lynden home occupation permit is required for each unit rented as an STR but may be filed together under one application.

(Ord. No. 23-1665, § 3, 3-7-2023; Ord. No. 25-1708, § 1, 6-2-2025)

A.

B&B and STR establishments located in residential zones require a home occupation permit which is reviewed according to the process outlined in LMC 19.57.150 and the criteria outlined in this section.

B.

B&Bs and STRs shall be required to show compliance with the standards listed below before a city of Lynden home occupation permit is issued, if one is required, and before a business license for the lodging accommodations will be endorsed by the city through the Washington State Department of Revenue.

1.

STRs located in residential zones are not permitted to offer lodging to more than one guest group at a time. B&B establishments, or STRs in commercial zones, that offer three or more lodging units to travelers and transient guests for periods of less than thirty days shall be considered transient accommodations and will be subject to regulation of RCW 70.62.

2.

In detached housing units located on residential zoning categories the operator of a B&B or a STR must reside on the premises. In STRs located in attached housing, local management must be available to all units in the complex twenty-four hours a day, seven days a week. This information must be posted in common areas and within the STR units.

3.

No other business, service or commercial activity beyond lodging may be conducted on the premises. For B&B establishments, only morning food service may be offered, and no meals may be served to the general public.

4.

A B&B or STR shall appear as any other residence within the surrounding area.

5.

One flat, unlighted sign, not exceeding sixteen square feet mounted flush against the building is permitted. In addition, B&B's may utilize a single monument sign if it meets the requirements for monument signs within Chapter 19.33.

6.

If an establishment has a separate entrance for guests, it must not be obvious from the street so as not to detract from the primary entrance of the home. All entrances must be lit to ensure pedestrian safety.

7.

The property's address numerals must be obviously displayed and mounted in an illuminated area so as to assist guests and emergency responders with locating the property.

8.

The establishment shall meet all requirements for off-street parking related to the residential use as well as guest parking. Because lodging creates more activity and potentially larger parking areas than a typical residential home, the establishment may be required to mitigate impacts of parking areas. This could be accomplished with enhancements such as landscaping, decorative or privacy fencing, pergola structures, or attractive paving patterns.

9.

Outdoor activity areas such as grills, fire pits, hot tubs, or playground equipment that are available for guest use must be screened from neighboring properties unless they are shared amenities within a multi-family complex. This may be accomplished using landscape, fencing, screening or by using on site structures.

10.

Prior to hosting guests, the establishment is subject to an inspection to ensure that it complies with local fire and building codes and any other precautions deemed necessary by the city fire chief or building inspector, including, but not limited to adequate exits as required by the Uniform Building Code, fire and carbon monoxide alarm systems, and the presence of fire extinguishers as appropriate.

11.

A land line telephone or free wi-fi shall be available for occupant use with emergency numbers and the address of the establishment posted in an obvious location.

12.

Quiet hours that, at a minimum, include the time between ten p.m. and seven a.m., must be prominently displayed within guest accommodations.

13.

Proprietors of a B&B or STR shall follow applicable health regulations of the Whatcom County Department of Health and Washington State regulations and may need to demonstrate compliance to City of Lynden officials.

14.

A business license filed through the State's Department of Revenue is required and must remain active as long as the establishment is hosting guests.

15.

If an annual re-inspection is deemed necessary by the fire chief, the building official, or the planning or public works director to ensure compliance with the conditions of the home occupation permit, an inspection fee, in an amount set by resolution of the Lynden City Council, shall be billed to the establishment. Re-inspection fees may apply if needed to achieve compliance.

C.

In addition to the conditions above, B&B establishments or STRs proposed within an area requiring a home occupation permit will be required to meet the criteria listed in Section 19.57.210.

(Ord. No. 23-1665, § 3, 3-7-2023)