Chapter 19.34
ACCESSORY DWELLING UNITS
Sections:
19.34.040 Illegal accessory dwelling unit.
19.34.080 Architectural design.
19.34.100 Compliance with applicable codes.
19.34.110 Sewer and water connections.
19.34.150 Building plan review.
19.34.010 Purpose.
It is the purpose of this chapter to regulate the establishment of accessory dwelling units within or in conjunction with single-family dwellings while preserving the character of single-family neighborhoods. The primary purpose of this chapter shall be to permit establishment of additional living quarters within single-family residential neighborhoods in order to:
A. Make it possible for adult children to provide care and support to a parent or other relatives in need of assistance; and/or
B. Provide increased security and companionship for homeowners; and/or
C. Provide the opportunity for homeowners to gain the extra income necessary to help meet the rising costs of home ownership; and/or
D. Provide for the care of disabled persons within their own homes; and/or
E. Provide for a more diverse and affordable housing stock. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001).
19.34.020 Intent.
A maximum of two accessory dwelling units shall be permitted as subordinate to a new or existing residential use if the accessory dwelling unit and lot meet the requirements of this chapter. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001).
19.34.030 Definitions.
A. “Accessory dwelling unit” means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit.
B. “Attached accessory dwelling unit” means an accessory dwelling unit located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit.
C. “City” means any city, code city, and town located in a county planning under RCW 36.70A.040.
D. “County” means any county planning under RCW 36.70A.040.
E. “Detached accessory dwelling unit” means an accessory dwelling unit that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome, or other housing unit and is on the same property.
F. “Dwelling unit” means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
G. “Gross floor area” means the interior habitable area of a dwelling unit including basements and attics but not including a garage or accessory structure.
H. “Major transit stop” means: (1) a stop on a high capacity transportation system funded or expanded under the provisions of Chapter 81.104 RCW; (2) commuter rail stops; (3) stops on rail or fixed guideway systems, including transitways; (4) stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or (5) stops for a bus or other transit mode providing actual fixed route service at intervals of at least 15 minutes for at least five hours during the peak hours of operation on weekdays.
I. “Owner” means any person who has at least 50 percent ownership in a property on which an accessory dwelling unit is located.
J. “Principal unit” means the single-family housing unit, duplex, triplex, townhome, or other housing unit located on the same lot as an accessory dwelling unit.
K. “Short-term rental” means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than 30 consecutive nights. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001).
19.34.040 Illegal accessory dwelling unit.
An “illegal accessory dwelling unit” is one that was installed without the required permits. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001).
19.34.050 Lot standards.
Accessory dwelling units may be developed on lots of any size; provided, that all other applicable zoning requirements are met. Detached accessory dwelling units shall comply with the detached accessory building provisions set forth in each residential zoning district. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001).
19.34.060 Subdivision.
The accessory dwelling unit, or the land on which the accessory dwelling unit is located, shall not be subdivided from the land on which the principal dwelling unit is located. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001. Formerly 19.34.080).
19.34.070 Size.
A. An accessory dwelling unit shall not exceed 1,000 square feet of gross floor area in size, and shall not have more than two bedrooms. When an accessory dwelling unit is completely located on a single floor of a multiple-floor dwelling, the administrator may allow increased size up to 50 percent of the principal dwelling unit’s livable floor area in order to efficiently use all floor area.
B. Two accessory dwelling units may be permitted on any residential lots in the following configuration:
1. One attached accessory structure and one detached accessory structure; or
2. Two attached or two detached accessory structures.
C. Existing Accessory Structures. Lot coverage and setbacks for existing accessory structures shall be exempted to permit conversion to accessory dwelling units. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2590 § 2 (Exh. A), 2016; Ord. 2119 § 1, 2001. Formerly 19.34.090).
19.34.080 Architectural design.
The design of the accessory dwelling unit shall be consistent with the design of the principal dwelling unit and shall maintain the style, appearance and character of the main building, and shall use matching materials, colors, window style, and comparable roof appearance. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001. Formerly 19.34.100).
19.34.090 Stairs.
Exterior stairways shall not be constructed on the front of the principal dwelling unit. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001. Formerly 19.34.110).
19.34.100 Compliance with applicable codes.
A. The accessory dwelling unit shall comply with all standards for health and life safety as set forth in the International Building Code, International Residential Code, Uniform Plumbing Code, National Electrical Code, International Mechanical Code, International Fire Code, and Washington State Energy Code as each code is adopted by the city; and any other applicable codes or regulations, except as provided in this chapter. The accessory dwelling unit shall comply with all zoning code provisions for single-family residences, including setbacks, accessory buildings and lot coverage, except as provided in this chapter.
B. Accessory Structure Height. The maximum height for an accessory structure shall be 24 feet in height.
C. Setback Exception. For lots that have a rear lot line that abuts an alley, a detached accessory dwelling unit may be sited up to the lot line that abuts the alley. The accessory dwelling unit shall comply with required side yard setbacks.
D. Parking. One off-street stall parking is required for each accessory dwelling unit unless within one-half-mile walking distance of a major transit stop as defined in EMC 19.34.030(H). (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2216 § 8, 2004; Ord. 2119 § 1, 2001. Formerly 19.34.120).
19.34.110 Sewer and water connections.
The accessory dwelling unit, either attached or detached, shall be served by the existing primary residence sewer and water connections and water meter. The water meter size shall not be increased for the purpose of serving the accessory dwelling unit. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001. Formerly 19.34.130).
19.34.120 Annual report.
The administrator shall provide an annual report to the planning commission, which indicates the number of units established, the geographic distribution of the units, the average size of the units, the number and type of any complaints received, and any enforcement action taken. The annual report shall be provided so that the planning commission may annually assess the ADU provisions with regards to density. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001. Formerly 19.34.140).
19.34.130 Application.
A. The property owner shall apply for an accessory dwelling unit permit with the community development department, and shall pay the application fee as established by resolution.
B. Impact fees shall be assessed at 50 percent of the fees assessed for single-family residential homes pursuant to Chapter 19.24 EMC. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001. Formerly 19.34.150).
19.34.140 Permit issuance.
A permit for an accessory dwelling unit will be issued upon compliance with the provisions of this chapter. Once the accessory dwelling unit permit is issued, the applicant will need to apply for a city building permit, when applicable. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001. Formerly 19.34.190).
19.34.150 Building plan review.
The community development department will review submitted building plans to insure adherence to the criteria of this chapter. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001. Formerly 19.34.200).
19.34.160 Enforcement.
The city retains the right (with reasonable notice) to inspect the accessory dwelling unit for compliance with this chapter. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001. Formerly 19.34.210).
19.34.170 Variances.
Variances to the chapter shall require variance approval as outlined in Chapter 15.34 EMC. (Ord. 2758 § 2 (Exh. A), 2023; Ord. 2119 § 1, 2001. Formerly 19.34.220).