Chapter 17.102
FAMILY MEMBER UNITS AND ACCESSORY DWELLING UNITS
Sections:
17.102.010 Purpose.
17.102.020 Applicability.
17.102.030 Definitions.
17.102.040 Implementation - Separate units.
17.102.050 Implementation – accessory dwelling units.
17.102.060 Enforcement.
17.102.010 Purpose.
The purpose of this section is to encourage rural families to remain in Lewis County and continue the multiple generational patterns of historic land use and development, the economic use of existing housing stock, to advance and preserve farming as a way of life, and to promote affordable housing. Provisions of this section provide property owners who held large tracts of undivided land prior to the adoption and implementation of zoning regulations, options for continuation of a historical tradition of land succession and farming in rural Lewis County. [Ord. 1179B §2, 2003; Ord. 1179, 2002]
17.102.020 Applicability.
Rural districts (RDD zones) outside LAMIRDs.
(1) Separate Residential Units. Where the intent is to convey property to qualified family members where farming is an ongoing activity or where the land is suitable for farming activities and where there is a benefit from protection of a portion of the land for fanning activities.
(2) Accessory Dwelling Units. Where a dwelling unit is created clearly accessory to the primary residential use, but where no subdivision of the land is intended or will be permitted. [Ord. 1179B §2, 2003; Ord. 1179, 2002]
17.102.030 Definitions.
(1) “Family members” shall include only grandmothers, grandfathers, mother, father, sons, daughters, stepsons, stepdaughters, whether natural or adopted, for families on the property in question on the effective date of this ordinance.
(2) “Disability” means a situation where the owner of the designated property is prevented from full-time employment by reason of a physical or mental condition certified by a medical doctor.
(3) “Family emergency” means a situation where the owner of the designated property is involuntarily required to move from the property, due to health, requirements of a current employer, or involuntary termination of current employment. (County shall require proof of notice of requirements forcing involuntary action.) [Ord. 1179, 2002]
17.102.040 Implementation – separate units.
Where the number of family members exceeds allowable density, a bonus density may be allowed under cluster subdivision provided that:
(1) The overall density does not exceed one unit per five acres and the unit cannot be transferred or sold for a period of five years, except for death, disability, or family emergency; and
(2) The proposed subdivision provides an opportunity for a family member to reside on or adjacent to a farm or parcel suitable for farming, protecting the farm or farmable land from inappropriate, nonfarm uses. The administrator shall include findings consistent with this provision when approving any density bonus and subdivision under provisions of this section; and
(3) As applicable to cluster subdivisions of six or more lots, all such requests for bonus density shall be reviewed under the criteria of LCC 17.115.030(10); and
(4) This provision is only applicable to land in common ownership as of April 4, 2002; and
(5) The “parcel” eligible for bonus density under terms of this provision shall be the entire property in common ownership on April 4, 2002, as that property may be divided hereafter; and
(6) All divisions made after April 4, 2002 shall be considered in any requirements for bonus density; and
(7) The provisions of this section shall apply to the RDD 1-10 and RDD 1-20 zones only.
(8) The provisions of this section concerning family member units shall terminate on July 1, 2015. [Ord. 1179B §2, 2003; Ord. 1179, 2002]
17.102.050 Implementation – accessory dwelling units.
(1) Accessory dwelling units will be allowed in Lewis County to provide affordable low income housing to property owners. This would provide options for property owners who may have family members in need of low income housing or some minimal assistance care.
(a) There shall be no more than one accessory dwelling unit per lot in conjunction with a single-family structure.
(b) All accessory dwelling units shall conform to the International Building Code and all other applicable codes and ordinances.
(c) No more than one family shall be allowed to occupy an accessory dwelling unit.
(d) To ensure that the accessory dwelling unit is clearly secondary to the primary dwelling unit, the habitable floor area for the accessory dwelling unit shall in no case exceed 800 square feet, nor be less than 300 square feet, and the accessory
dwelling unit shall contain no more than two bedrooms.
(e) An accessory dwelling unit must be attached to or created within a new or existing primary single-family structure or associated accessory building, and may not be a separate, stand-alone unit.
(f) Prior to final approval of any structure for an accessory dwelling unit, the property owner shall file a covenant to run with the land, that the accessory dwelling unit shall not be cause for subdivision unless such subdivision is in compliance with all subdivision, zoning and other development regulations in effect at the date of application for subdivision approval. [Ord. 1179B §2, 2003; Ord. 1179, 2002]
17.102.060 Enforcement.
(1) The restriction referenced above shall be recorded on the face of the plat of any lot created by the density bonus granted herein, including the date of the implementation and termination of the restriction.
(2) Property may be transferred to other qualifying family members without invoking the covenant.
(3) Any property transferred in violation of the covenant shall be liable for an assessment of a fee equal to 10 percent of the sale price or assessed value of the property, whichever is higher. The fee shall be assessed to the seller of the property. [Ord. 1179, 2002]