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Ordinance 42601 ORDINANCE NO. 4260 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING VARIOUS PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE RELATED TO RESIDENTIAL OCCUPANCY LIMITS. WHEREAS, in 2021, the Legislature adopted ESSB 5235, which was described in the final bill report as “increasing housing unit inventory by removing arbitrary limits on housing options;” and WHEREAS, the final bill report describes the unrelated occupancy provisions as follows: “Cities, towns, code cities, and counties may not regulate or limit the number of unrelated persons that may occupy a household or dwelling unit except for any occupant limits on group living arrangements regulated under state law or on short- term rentals and any lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building code or city ordinance;” and WHEREAS, the planning board considered and ultimately recommended certain amendments to the Edmonds Community Development Code that are intended to implement the new legal requirements described above; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 20.21.020 of the Edmonds Community Development Code, entitled “Density limitation – Limitation on the total occupancy,” is hereby amended to read as set forth on Exhibit A (new text is shown in underline; deleted text is shown in strike-through). Section 2. Subsections D and F of Section 20.21.030 of the Edmonds Community Development Code, entitled “Criteria for attached accessory dwelling units,” is hereby amended to read as set forth on Exhibit A (new text is shown in underline; deleted text is shown in strike- through). 3 PUBLISHED: May 20, 2022 EFFECTIVE DATE: May 25, 2022 ORDINANCE NO. 4260 Exhibit A Residential Occupancy Code Amendment, w/ Planning Board Recommendations Section Modified 20.21.020 Density limitation – Limitation on the total occupancy (ADUs) 20.21.030 Criteria for attached accessory dwelling units (ADUs) 21.20.050 Dwelling unit. 21.30.010 Families. 21.90.080 Single-family dwelling (unit) ADU Changes (Chapter 20.21) 20.21.020 Density limitation – Limitation on the total occupancy. Except as provided in ECDC 20.21.030(F) for the accommodation of the disabled, no No lot shall be occupied by more than one family as defined in ECDC 21.30.010. This limitation shall be interpreted to accomplish its purpose, which is to ensure that the approval of an accessory dwelling unit shall not increase the overall density of a single-family residential neighborhood. 20.21.030 Criteria for attached accessory dwelling units. *** D. Location and Appearance. The single-family appearance and character of the residence shall be maintained when viewed from the surrounding neighborhood. The design of the accessory dwelling unit shall be incorporated into the design of the principal dwelling unit and shall be designed to maintain the architectural design, style, appearance and character of the main building as a single-family residence using matching materials, colors, window style, and roof design. The primary entrance to the accessory dwelling unit shall be located in such a manner as to be unobtrusive when viewed from the street. Whenever possible, new entrances should be placed at the side or rear of the building. Only one electric, one gas meter, and one water meter shall be allowed for the entire building, serving both the primary residence and the accessory dwelling unit. An additional mailbox can be added to the lot if the accessory dwelling unit is approved according to the requirements for an accessory dwelling unit found in Chapter 20.21 ECDC. Accessory dwelling units must be located within or attached to single-family dwelling units. *** F. Occupancy. Either the primary dwelling or the accessory dwelling unit shall be owner-occupied. “Owner-occupied” shall mean a property owner who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and actually resides at the site more than six months out of any given year, and at no time receives rent for the owner-occupied unit. Exhibit A The owner(s) shall not rent the designated owner-occupied unit at any time during the pendency of the ADU permit; any such rental shall void the permit. The owner(s) shall not rent any portion of the owner- occupied residence either during the owner(s)’ occupancy or while the owner is absent from the owner- occupied unit for any period. In no event shall the total number of occupants of the lot exceed one family as defined in this code; provided, however, that if the accessory dwelling unit is occupied by a nurse or other caregiver assisting a disabled person who is an occupant of the principal residence, or the principal residence is occupied by a nurse/caregiver and the accessory dwelling unit is occupied by a disabled person under the nurse’s care, the occupancy limit of one family may be increased by one additional unrelated person to a total of one family related by genetics, adoption or marriage plus one unrelated person, or a total of six unrelated persons. In no event shall the total number of occupants exceed one family as defined in this code. Changes to Definitions (Title 21) 21.20.050 Dwelling unit. Dwelling unit means a building, or portion thereof, providing complete housekeeping facilities for one family, which includes permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling unit does not include recreation vehicles or mobile homes. (See also, Multiple Dwelling Units and Family.) 21.30.010 Families Family. A. Family means individuals consisting of two or more persons related or unrelated by genetics, adoption, or marriage, or a group of five or fewer persons who are not related by genetics, adoption, or marriage and none of whom are wards of the court unless such wards are related by genetics, adoption, or marriage to all of the members of such group living in a dwelling unit. B. The term “family” shall include: 1. State licensed adult family homes required to be recognized as residential use pursuant to RCW 70.128.180 70.128; 2. State licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusion of subsection (C) of this section; 3. Group homes for the disabled required to be accommodated as residential uses pursuant to the Fair Housing Act amendments as the same exists or is hereafter amended. C. The term “family” shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(3)(g) 74.15.020.1.c, group homes licensed for juvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. Exhibit A D. Calculation of Residents. When calculating the number of unrelated persons residing in a single-family dwelling unit, the following rules shall apply: 1. When one or more unrelated persons reside with a family whose members are related by genetics, adoption or marriage, the total number of residents shall not exceed five persons except as provided in subsection (D)(2) of this section. 2. A family unit consisting entirely of persons related by genetics, adoption or marriage may rent a room to a total of two additional renters, or up to two students as a part of a recognized foreign exchange program or similar educational, nonprofit program, or a combination of a renter and such student to a total of two additional persons. The additional renters and/or foreign exchange students, to a maximum of two, shall not be considered when calculating the number of unrelated persons residing in a dwelling unit under subsection (D)(1) of this section. Three or more renters and/or students shall be considered as unrelated individuals and all persons residing in a dwelling unit, regardless of whether a portion of them are related by genetics, adoption or marriage, shall be considered when determining the total unrelated persons residing at a site. 3. D. Accessory Dwelling Units (ADUs). When an accessory dwelling unit (ADU) is approved pursuant to Chapter 20.21 ECDC, only one of the dwelling units, either the primary residence or the ADU, shall be used to house renters and/or unrelated persons who are students. Occupancy of the ADU shall not exceed one family as defined in subsection (A) of this section. 4. E. Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. 21.90.080 Single-family dwelling (unit). Single-family dwelling (and single-family dwelling unit) means a detached building used by one family configured as described herein and occupied or intended to be occupied by one family, limited to one per lot. A single-family dwelling shall be limited to one mailbox, electric meter, gas meter, and water meter. It will also have common access to and common use of all living, kitchen, and eating areas within the dwelling unit. An additional mailbox can be added to the lot if it is associated with an accessory dwelling unit approved according to the requirements for an accessory dwelling unit found in Chapter 20.21 ECDC.