1. Maximum Residential Density Calculation.

2. When calculating the maximum residential density for a site, any resulting fractional units shall be rounded to the next or preceding whole number as follows:

3. Limitations. Nothing contained within this chapter guarantees the maximum allowed residential density. The identified maximum residential density may not always be achievable due to unique site considerations including, but not limited to, critical areas, topography, right-of-way dedications, open space requirements, and storm water requirements.

1. Street Access. No new lot shall be created nor shall any building be permitted on a lot that does not front onto a public street, private access tract, or private access easement, as deemed acceptable to the city as substantially complying with the standards established for streets.

2. Minimum Lot Width at Frontage. All lots shall meet the minimum lot width requirement along the frontage.

3. Cul-de-Sac Lots. Lots fronting onto a cul-de-sac shall meet the minimum lot width at the building setback line, as illustrated by Figure 22.16.040(C)(3): Minimum Street Frontage for Cul-de-Sac Lots.

4. Lots with Private Access or Panhandle Lots.

1. General Provisions.

2. Setback Determination. The following shall be used to determine the yard setbacks for a lot:

c. Rear Setbacks. The rear setback is the required yard opposite the front yard that extends across the full width of the rear of the lot.

d. Corner Lots. In the case of corner lots with more than two frontages, the city shall determine the yard setback requirements, subject to the following conditions:

i. On corner lots the front yard shall be measured from the narrowest dimension of the lot abutting a street.

ii. The yard adjacent to the widest dimension of the lot abutting a street shall be a side yard with a setback width of no less than ten feet.

iii. The yard opposite the front yard shall be designated a rear yard.

iv. The yard opposite the side yard abutting a street shall also be deemed a side yard.

v. In case of corner lots with more than two frontages, the city shall determine the front yard requirements in accordance with this title.

e. Through Lots. When a lot other than a corner lot has frontage on two parallel or approximately parallel streets or private roads that do not intersect at the lot line, the city shall determine the yard setback requirements, subject to the following conditions:

i. Both lot lines abutting streets or private roads shall be deemed front lot lines and a front yard shall be provided on both frontages.

ii. The yards remaining after the front yards have been established shall be considered side yards. The side yards shall extend from the rear lines of required front setbacks.

f. Panhandle Lots.

i. Lots with access to a public street via panhandle shall meet the minimum lot width at the setback line measured from the end of the panhandle where it joins the wide portion of the lot.

ii. A panhandle shall be a minimum of twenty feet wide along its entire length.

iii. A panhandle lot shall conform to all applicable yard setback requirements with the exception of the panhandle.

g. Attached Dwelling Units and Duplex Dwelling Units.

i. When attached housing units, townhomes, or duplexes are built on separate lots, the minimum setback between units is zero feet in allowed zones.

ii. The outside setback for attached housing units and duplexes abutting a ROW, separate detached unit(s), or different zone shall be ten feet.

iii. Attached dwelling units shall be comprised of a group of at least three dwelling units. Duplexes shall be comprised of a group not to exceed two dwelling units.

3. Vehicular Access, Easements, and Tracts.

4. Exceptions to Minimum Setbacks. The following may encroach no more than two feet into required yard setbacks or required open space:

1. The total percentage of the gross lot area to be covered by impervious surfaces shall not exceed the maximum allowed lot coverage percentage given in each zoning district chapter for their respective specific zoning districts.

2. Lot Coverage Credit. When a proposal incorporates porous paving into the project design, complies with the standards of the Department of Ecology Stormwater Management Manual for Western Washington (current edition), and is allowed by the zoning administrator and city engineer, the city will provide a fifty percent credit toward determining total lot coverage for the portion of the project using this material.

1. Height Measurement. Building height shall be measured vertically from the finished average grade level to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof (not illustrated), and to the midpoint between the eaves and ridge of pitched roofs (e.g., gable, hip, gambrel roof, etc.), illustrated below in Figure 22.16.040(G)(1): Building Height Measurement.

2. Average Grade Level. The average grade level shall be measured by delineating the smallest rectangle which can enclose the proposed building, and then averaging the four corner elevations of the rectangle, as illustrated in Figure 22.16.040(G)(2): Average Grade Level Calculation. The standard formula for calculating average grade level is (A+B+C+D)/4 = average grade level. In the event the corner point of the rectangle drawn is not located on the subject property, the measurement point shall be determined by establishing the corner point from the property line where it intersects the rectangle.

3. Application Requirements.

4. Exceptions. The height limitations specified in this chapter shall not apply to church spires, monuments, chimneys, water towers, elevator towers, mechanical equipment, flag poles, television and radio antennas, and other similar rooftop appurtenances. Rooftop appurtenances are usually required to be placed above the roof level and not intended for human occupancy or the provision of additional floor area; provided, that mechanical equipment rooms or attic spaces are set back at least ten feet from the edge of the roof and do not exceed twenty feet in height.

1. Permit Required. Any person who occupies or permits another person to occupy an accessory dwelling unit as a place of residence shall first obtain a permit. The permit shall be reviewed and processed in accordance with the requirements of Chapter 22.84 MMC, Permit Processing.

2. Number Permitted. A maximum of two accessory dwelling units are permitted in the following configurations:

3. Location. The accessory dwelling unit(s) may be attached to or included within the principal dwelling unit, and/or located in a detached structure. An accessory dwelling unit will be considered to be “detached” from the principal dwelling unit if it is surrounded on all sides by open space and does not share a common roof structure with the principal unit.

4. Size and Scale.

5. Bulk Requirements. The accessory dwelling unit shall comply with all applicable bulk requirements in MMC 22.16.040 for single-family zoning districts, MMC 22.22.060 for the downtown commercial zoning district, or MMC 22.34.040 for the limited open space zoning district as applicable, except that:

6. Parking. In addition to the number of off-street parking spaces required for the principal dwelling unit, which is specified in Chapter 22.44 MMC, Parking Standards and Design, one off-street parking space shall be provided for each accessory dwelling unit unless the applicant can demonstrate the accessory dwelling unit is located within one-half mile walking distance of a major transit stop.

7. Subdivision. Accessory dwelling units may be subdivided or otherwise segregated in ownership from the primary dwelling unit, in accordance with the requirements of Chapter 22.68 MMC, Subdivisions. The sale or other conveyance of a condominium unit independent of a principal unit may not be prohibited solely on the grounds that the condominium unit was originally built as an accessory unit.

8. Compliance With Other Applicable Regulations. Accessory dwelling units and, if applicable, the portion of the principal dwelling unit in which an accessory dwelling unit is proposed shall comply with all applicable provisions of relevant codes, statutes, and regulations, as now or hereafter amended. These codes include, but are not limited to: International Building Code; International Energy Conservation Code, Commercial and Residential; International Existing Building Code; International Residential Code; International Mechanical Code; International Fuel Gas Code; International Fire Code; Uniform Plumbing Code; Chapter 19.27 RCW, State Building Code; and MMC Title 15, Buildings and Construction.

9. Exceptions to Ceiling Height. All existing accessory dwelling units that are located within a dwelling unit, which was legally constructed but does not now comply with current ceiling height requirements of the construction codes set forth in MMC Title 15, shall be allowed to continue in their present form.

10. Nontransferability. A permit for an accessory dwelling unit shall not be transferable to any site other than the subject site described in the application, except for when an accessory dwelling unit follows the condominium process.

11. Inspection. After receipt of a complete application and prior to approval of an accessory dwelling unit, the city shall inspect the property to confirm that all applicable requirements of this code and other codes are met. Upon compliance with the provisions of this section, a permit for an accessory dwelling unit will be issued.

1. Permit Type. Applications for an accessory dwelling unit permit shall follow the procedures for a Type I permit review, pursuant to MMC 22.84.030, Types of project permits.

2. Decision. The final decision authority, as determined by Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, shall approve, approve with conditions, or deny an accessory dwelling unit permit.

3. Decision Criteria. An accessory dwelling unit permit shall not be granted by the decision authority unless the applicant demonstrates that the proposal meets all of the following criteria:

4. Conditions of Approval. In approving an accessory dwelling unit permit, the decision authority may attach thereto such conditions that they deem to be necessary or desirable in order to carry out the intent and purposes of this title.

5. Appeals. The action of the decision-making body in granting or denying an accessory dwelling unit permit is a final decision appealable to the appeal authority specified in Table 22.84.060(B)(2): Decision-Making and Appeal Authorities.

6. Elimination. Elimination of a registered accessory dwelling unit may be accomplished by the owner recording a certificate with the recording division of the Snohomish County auditor, which states that the accessory dwelling unit no longer exists on the property.

7. Expiration. The length of time during which an accessory dwelling unit permit is valid shall be determined by Table 22.84.060(E): Project Permit Approval Expiration. An accessory dwelling unit permit shall not be approved for a period of time greater than that which is specified in Table 22.84.060(E), exclusive of any extensions allowed. The date that the permit expires shall be specified in the conditions of approval. Once an accessory dwelling unit permit has been approved and issued by the city, the approved accessory dwelling unit may continue as long as all conditions of permit issuance are met.

8. Extensions. The zoning administrator may grant an extension of the period of accessory dwelling unit permit authorization when requested by the applicant at least sixty days prior the expiration of the accessory dwelling unit permit. Extension requests are subject to the requirements of MMC 22.84.060(F), Extensions. Only one extension may be granted for the accessory dwelling unit permit for a period not to exceed the extension period specified in Table 22.84.060(E): Project Permit Approval Expiration. Such an extension shall only be granted by the decision authority upon issuance of findings that the criteria for extensions in MMC 22.84.060(F), Extensions, have been met.

9. Modifications. Requested modifications to an accessory dwelling unit permit shall be reviewed pursuant to the requirements of MMC 22.84.060(G), Substantial Revisions or Modifications to Proposal.

1. The accessory dwelling unit is substantially altered and is thus no longer in conformance with the plans and drawings reviewed and approved by the permitting authority and building official.

2. The subject site ceases to maintain the required number of parking spaces. (Ord. 009/2025 § 4 (Exh. C); Ord. 005/2019 § 10 (Exh. B))

1. Criteria for Approval. All home occupations shall meet the following criteria:

2. Exemptions.

3. Prohibited Activities. Because the following activities have a pronounced tendency to expand beyond the limits permitted for home occupations, negatively impact residential neighborhoods, and create a nuisance, the following activities are prohibited:

4. Preexisting Home Occupations. Any home occupation that lawfully existed prior to the effective date of the ordinance codified in this chapter shall be allowed to continue in accordance with Chapter 22.40 MMC, Nonconformance and Reuse Standards. The expansion of preexisting nonconforming uses is not permitted.

5. Violations. Compliance with the requirements of this code shall be mandatory. The general penalties and remedies established in Chapter 1.04 MMC for such violations shall apply to any violation of this code. The enforcement actions authorized under this code shall be supplemental to those general penalties and remedies of Chapter 1.04 MMC. The business license for the home occupation may be revoked as one of the remedies in the code enforcement process of Chapter 1.04 MMC.

6. Expiration. All permits for home occupations are issued to an individual applicant and shall not be transferred or otherwise assigned to any other person. The permit will automatically expire when the applicant named on the permit application moves from the site. The home occupation permit shall also automatically expire if the permittee fails to maintain a valid city of Monroe business license or the business license is suspended or revoked. The home occupation shall not be transferred to any site other than that described in the application form.

1. No more than one person who is not a resident of the dwelling unit shall be employed in the home occupation at any one time.

2. The business shall be conducted wholly in the dwelling unit and/or attached structures, including garages.

3. The home occupation shall be limited to twenty-five percent of the gross floor area of the dwelling unit and attached garage, including the storage of associated materials.

4. No expansion of the parking area is allowed beyond that required for a residence. No parking in the setbacks or buffers is allowed, except driveways.

5. The use shall not generate additional vehicle traffic beyond that typical for the residence and one employee. No more than twenty total vehicle trips per day are permitted for the residence.

6. A dwelling unit being used for the purposes of phone service and as a mail stop for a business that is conducted away from such dwelling unit shall be considered a minor home occupation. The applicant is required to submit a letter with the home occupation business license, describing the business and its consistency with the above description.

1. The business may be conducted within the dwelling unit or any other accessory building on the premises.

2. The business, including operations and storage, shall occupy no more than thirty percent of the residential gross floor area.

3. The building official shall determine the maximum occupancy load of the residence in which the home occupation is proposed; the hearing examiner shall consider this number along with all other pertinent facts and comments in determining the maximum number of employees allowed on the premises to work in the home occupation at any one time.

4. The subject property shall not be altered except to install screening or buffers or to provide additional off-street parking stalls, as required by the condition of the approved permit. No parking in yards and buffers shall be allowed, except driveways.

5. Access ways shall be accessible to emergency vehicles.

6. A major home occupation shall commence only after the issuance of a conditional use permit (CUP), as detailed in Chapter 22.64 MMC.

7. An approved conditional use permit for a major home occupation shall be nontransferable to any other property and shall be nontransferable to any future tenant or property owner of the subject dwelling unit the conditional use permit was applied for.

8. Additional requirements may be necessary to protect the public health, safety and welfare of the neighborhood depending upon the home occupation applied for. (Ord. 005/2019 § 10 (Exh. B))