Ordinance 4260ORDINANCE 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 s4ike dffetigh).
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 stike-
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Section 3. Section 21.20.050 of the Edmonds Community Development Code, entitled
"Dwelling unit," 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 4. Section 21.30.010 of the Edmonds Community Development Code, entitled
"Family," is hereby amended to read as set forth on Exhibit A (new text is shown in underline;
deleted text is shown in str-i e through).
Section 5. Section 21.90.080 of the Edmonds Community Development Code, entitled
"Single-family dwelling (unit)," is hereby amended to read as set forth on Exhibit A (new text is
shown in underline; deleted text is shown in Ar-i e through).
Section 6. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 7. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
7;
MAY R MIKE NELSON
ATTEST/AUTIIENT ATED:
C LE K, SC�TT SEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARAD - Y
FILED WITH THE CITY CLERK: May 13. 2022
PASSED BY THE CITY COUNCIL: May 17, 2022
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PUBLISHED: May 20, 2022
EFFECTIVE DATE: May 25, 2022
ORDINANCE NO. 4260
SUMMARY OF ORDINANCE NO.4260
of the City of Edmonds, Washington
On the 17th day of May, 2022, the City Council of the City of Edmonds, passed Ordinance
No. 4260. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING VARIOUS PROVISIONS
OF THE EDMONDS COMMUNITY DEVELOPMENT
CODE RELATED TO RESIDENTIAL OCCUPANCY
LIMITS.
The full text of this Ordinance will be mailed upon request.
DATED this 171" day of May, 2022.
ffCLERK, S OTT�A' SEY
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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.
Exeept On rrnG ?n jLnN(F) f , theaeeeffl.m.ed-atieRf+h ,hi 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 t^tal n rnber of -occupants of the lot exceed one
family as defined in this code; provided however, that if the aeeesseFy .JwelliRg „nit is ^KG„r,ied b y
nur-se A_F other eaFegiveF assisting a disabled person ;.vhe i.5; an A-ce-upant of the principal residence, oF th
pFineipal residence is er-rupied by a nurse/eare&er and the accessory dwelling unit orecupied by a
exceed ene family as defineed in this c--e4e-.
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 €amities Family.
A. Family means individuals consisting of twe or more persons related or unrelated by genetics,
adoption, or marriage, or of five or fewer persons who arp net relate J by g eties a deptio
option,
or marriage to all ef. the rr rnhers ef. 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 7^.',�w 70.1281
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 '^.� �(3`(^` 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. 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/er URrelated persORS •,he are +u.J dye
the 4011 sh-.II Pet d one family as defined in ubsee+ien (A) of+his Sete+i.,^
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 eRe faw,4y
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.