Chapter 19.42
ACCESSORY DWELLING UNITS
Sections:
19.42.030 Standards and criteria.
19.42.050 Application process.
19.42.010 Purpose and intent.
The purpose of an accessory dwelling unit is to:
(1) Add affordable units to existing housing and make housing units available to moderate-income people who might otherwise have difficulty finding homes within the city;
(2) Develop housing units in single-family neighborhoods that are appropriate for people at a variety of stages in the life cycle;
(3) Provide homeowners with a means of obtaining, through tenants in either the accessory dwelling unit or the principal residence, rental income, companionship, or security;
(4) Protect neighborhood stability, property values, and the single-family residential appearance of the neighborhood by ensuring that accessory dwelling units are installed under the conditions of this title. (Ord. 1828 § 1, 2018; Ord. 1555 § 18, 2009).
19.42.020 Permit required.
An accessory dwelling unit requires a permit approved by the director. (Ord. 1828 § 1, 2018; Ord. 1555 § 18, 2009).
19.42.030 Standards and criteria.
Accessory dwelling units shall meet the following criteria:
(1) The design and size of the accessory dwelling unit shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. When there are practical difficulties involved in carrying out the provisions of this title, the director or his designee may recommend modifications that will meet the intent of these codes. Such modifications shall be processed as a variance under this title.
(2) Any additions to an existing building shall not exceed the allowable lot coverage or encroach into required setbacks. The director shall not have the power to vary this provision.
(3) An accessory dwelling unit may be attached or detached from the principal unit.
(4) Only one accessory dwelling unit may be created per residence.
(5) An accessory dwelling unit may be either in a new or an existing residence.
(6) The primary unit, together with the accessory dwelling, may not occupy more than 40 percent of the total site area and must be designed so that, to the degree reasonably feasible, they will appear as one primary residence.
(7) The primary entrance to the accessory dwelling unit shall be located in such a manner as to be unobtrusive from the same view of the building which encompasses the entrance to the principal unit.
(8) One additional off-street parking space, in addition to that required by the underlying zone, shall be provided.
(9) In order to encourage the development of housing units for people with disabilities, the director or his designee may allow reasonable deviation from the stated requirements to install features that facilitate accessibility. Such facilities shall be in conformance with the applicable codes.
(10) Manufactured homes, except zones where these structures are allowed, recreational vehicles or temporary housing shall not be utilized as an accessory dwelling unit. (Ord. 1828 § 1, 2018; Ord. 1555 § 18, 2009).
19.42.040 Basis for denial.
The director may deny any permit where it will create an adverse visual impact on the neighborhood or public services, or result in the overall density of the residential area to exceed that established in the Oak Harbor comprehensive plan. (Ord. 1828 § 1, 2018; Ord. 1555 § 18, 2009).
19.42.050 Application process.
Any person desiring approval of an accessory dwelling unit shall submit an application containing all of the information required by Chapter 19.48 OHMC, as determined as appropriate by the director. (Ord. 1950 § 2, 2022; Ord. 1828 § 1, 2018; Ord. 1555 § 18, 2009).
19.42.060 Permit conditions.
In addition to any conditions imposed by the director, an approved permit for an accessory dwelling unit shall state and is expressly subject to the condition that such a permit shall expire automatically whenever:
(1) The accessory dwelling unit is substantially altered and is thus no longer in conformance with the plans and drawings reviewed and approved;
(2) The subject site ceases to maintain three or more off-street parking spaces. (Ord. 1950 § 3, 2022; Ord. 1828 § 1, 2018; Ord. 1555 § 18, 2009).