2024-03-05 Council Special Packet1.
2
OF BbMG
ti Agenda
Edmonds City Council
1,00
SPECIAL MEETING - STUDY SESSION
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250 5TH AVE NORTH, EDMONDS, WA 98020
MARCH 5, 2024, 6:00 PM
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CALL TO ORDER
COUNCIL BUSINESS
1. Accessory Dwelling Unit Code Update (AMD2023-0008) Accessory Dwelling Unit Code
Amendment to allow for Detached Accessory Dwelling Units — "Expanding housing options by easing
barriers to the construction and use of accessory dwelling units in accordance with HB 1337." (60
min)
ADJOURNMENT
Edmonds City Council Agenda
March 5, 2024
Page 1
2.1
City Council Agenda Item
Meeting Date: 03/5/2024
Accessory Dwelling Unit Code Update (AMD2023-0008) Accessory Dwelling Unit Code Amendment to
allow for Detached Accessory Dwelling Units — "Expanding housing options by easing barriers to the
construction and use of accessory dwelling units in accordance with HB 1337."
Staff Lead: Rose Haas
Department: Planning Division
Preparer: Rose Haas
Background/History
The Housing Element in the 2020 Comprehensive Plan recommends the following strategy to
promote affordable housing:
o The City [should substantially revise] its accessory dwelling
regulations, providing clearer standards and streamlining their
approval as a standard option for any single family lot (2020
Comprehensive Plan, p. 92).
In 2021, the Citizens' Housing Commission stated the following policy recommendation for updating
the ADU code to include detached accessory dwelling units (DADUs):
o Allow either one attached or detached accessory unit on a property in
the SFR area, with clear and definitive development requirements
such as size, ownership, and parking, under the standard permitting
process and not require a conditional use permit.
In the spring of 2023, the state legislature passed HB 1337 which requires
jurisdictions like Edmonds to update their development codes to allow for DADUs
and make related code changes to make it easier to create accessory dwelling units.
In late October of 2023, City Council indicated that they wished to allow detached accessory
dwelling units (DADUs) in anticipation of conforming with the state mandate that takes effect in July
2025 (HB 1337).
Staff introduced the proposal to allow for DADUs as well as to fully comply with the upcoming
required State of Washington mandate at Council Committee on November 14, 2023.
Staff held a live public webinar on November 30, 2023 with an online comment period from
November 30- December 31, 2023.
Staff introduced the proposal at Planning Board on December 13, 2023.
Staff discussed the proposal at Planning Board on January 10, 2024 and January 24, 2024.
Staff will present the updated proposal to Council on February 27, 2024.
Planning Board will hold a Public Hearing on the Proposal on February 28, 2024. Legal notice for the
Public Hearing was published and posted on February 14, 2024.
Staff has updated the webpage (Edmondswa.gov/ADU
<https://www.edmondswa.gov/government/departments/development services/planning division
/code modernization/accessory dwelling units code update>) throughout the entire process. The
webpage includes the recorded webinar, draft code amendments, FAQs, self -guided slide shows,
Packet Pg. 2
2.1
and has provided a forum for ongoing public comment.
Staff Recommendation
Staff recommends that Council review the project material and provide
comments to shape the final code amendment package. The project will be
returning to Council for a public hearing on April 2nd and is anticipated for
adoption on April 16.
HB 1337 has specific requirements for accessory dwelling units that must be met.
Therefore, Staff recommends not only allowing DADUs but also modernizing the
existing ADU code to comply with HB 1337.
The core obiectives are to:
1. Allow DADUs in the City of Edmonds.
2. Align with HB 1337 in terms of development standards.
3. Provide clear and objective guidance for those who choose to add
ADUs or DADUs to their property.
4. Provide code standards for height, floor area, parking, utilities, etc.
Staff will present draft code updates to the city code and the development
code. Code updates occur within Chapter 3.36 of the ECC, and within Chapters
16.20, 17.40, 17.50, 17.115, 20.01, 20.21 20.35 ECDC as well as within Title 21
ECDC (definitions).
Narrative
Accessory dwelling units provide additional affordable housing options within existing
single-family neighborhoods. Edmonds has allowed accessory dwelling units (ADUs)
since 2000 but only when they are in or attached to a primary residence (ECDC 20.21).
Approximately 60% of the City's population is housed in single family units, taking up
85% of the land area containing residential units. Housing costs are escalating and
seniors, in particular, find it more challenging to stay in their homes on fixed incomes.
Families are often priced out of the market without housing choices that are under
the current average of a "moderate density unit" (townhomes, duplex, triplex,etc) at
$720,000. Furthermore, 45.6% of renter households in Edmonds are cost burdened (>
30% of income on rent); that is almost 10% higher than the regional average.
Edmonds is not alone in the need to address housing affordability. Therefore, HB 1337 was passed to
enable ADU's in single family zones with intent of expanding housing choices for all and driving down
costs.
State legislation mandates that HB 1337 must be implemented no later than six months
after the next Comprehensive Plan due date, or by June 30, 2025. The requirements for
the City of Edmonds will be as follows:
Allow two ADUs per lot (any configuration of ADU and DADU).
No owner -occupancy requirements.
Packet Pg. 3
2.1
Allow separate sale of ADUs.
No parking required within a half -mile of a major transit stop, as defined in RCW 36.70A.696(8).
Maximum size limitation no less than 1,000sf.
Allow DADUs to be sited at a rear lot line, the lot line abuts a public alley.
No setback requirements, yard coverage limits, tree retention mandates,
restrictions on entry door locations, or aesthetic requirements that are more
restrictive than for the principal unit.
Allow ADUs of at least 24-feet in height.
Allow impact fees of no more than 50% of the fees imposed on the principal unit.
While work on updating the Comprehensive Plan continues, changes to the ADU code
can be made now using existing City policy guidance and guidance provided by the
Department of Commerce.
There is existing demand for this housing option; Planning staff receives frequent
phone inquiries, emails and counter visits from community members on a weekly
basis. Most often, they are interested in having accommodation for families to age in
place or to help offset rising housing -related costs.
Attachments:
20240305 PPT
DRAFT Redline strikethrough Code Amendment v.8
Packet Pg. 4
2.1.a
Accessory Dwelling Unit Code Update
AMD2023-0008 Council Study Session
March 5, 2024
cet Pg. 5
2.1.a
The presentation will address the following:
o What are ADUs?
G House Bill 1337 and Best Practices
O Current ADU Policy in Edmonds
0 Proposed ADU Policy in Edmonds
O Topics Under Discussion
ACCESSORY DWELLING UNITS
2.1.a
Big houses are being built, small houses are needed
Do we really need
more than three
times as much
ivi ng space per
person as we did
in 1 950? Can we
afford to buy or
rent, heat, cool
and care for such
large homes?
FACTc AD Us house more people per square foot of living arej than single-family I,umes du.
Credit: AARP - ABCS of ADUs.
Packet Pg. 7
2.1.a
What are ADUs?
An accessory dwelling unit is a small residence that shares a single-family lot with a primary
dwelling.
An ADU is self-contained, with its own kitchen or kitchenette, bathroom and living/sleeping area.
An attached ADU is a dwelling
unit located within or attached
to another housing unit.
A detached ADU (DADU) is
separate and unconnected to
the other housing unit.
Types of ADUs, Credit:
ACCESSORY DWELLING UNITS
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What are the benefits of ADUs?
HOME FOR A
YOUNG FAMILY
AGE -IN -PLACE
RETIREMENT OPTION
STUDIO SPACE FOR A
HOME BUSINESS
AT-HOME
AI WORKSPACE
r�
RENTALFOR
APARTMENT FOR
ADULT CHILDREN
Credit: A-D you: Evanston's Guide to ADU
EXTRA INCOME
POST -SURGERY
RECOVERY SPACE
ACCESSORY DWELLING UNITS
2.1.a
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Support aging in place.(14
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Provide additional financial support for
homeowners.
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Add value: Properties with an ADU are prices
35% higher. E
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Offer an efficient, low-cost way to build,
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housing.
Meet diverse need4 - suited well for young
couples, small families, friends, young people;'
and seniors. �.
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Allow multi -generational living.0.
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What guidance did we use?
HOUSE BILL REPORT
EHB 1337
As Passed Legislature
Title: An act relating to expanding housing options by easing barriers to the construction and
use of accessory dwelling units.
Brief Description: Expanding housing options by easing barriers to the construction and use of
accessory dwelling units.
Sponsors: Representatives Gregerson, Barkis, Berry, Christian, Duerr, Fitzgibbon, Taylor,
Ramel, Reeves, Simmons, Walen, Graham, Bateman, Reed, Lekanoff, Doglio, Tharinger,
Cones, Macri and Stonier.
Brief History:
Committee Activity:
Housing: 1/23/23, 2/2/23 [DP].
Floor Activity:
Passed House: 3/2/23, 8I-15.
Senate Amended.
Passed Senate: 4/6/23, 39-7.
House Concurred.
Passed House: 4/14/23, 85-11.
Passed Legislature.
Brief Summary of Engrossed Bill
• Requires fully planning cities and counties to allow accessory dwelling
units (ADUs) in urban growth areas (UGAs).
• Prohibits certain ADU regulations within UGAs.
• Allows cities and counties to offer incentives for the development or
construction of ADUs within UGAs.
HOUSE COMMITTEE ON HOUSING
H B 1337
ACCESSORY DWELLING UNITS
MRSC and Department of
Commerce Guide
The ABCs of ADUs FAS�
A guide to Accessory Dwelling Units and how theyexpand housing options for people of all ages
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THE EDMONDS
CITIZENS' HOUSING
COMMISSION
WANTS TO HEAR FROM
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AARP Best Practices
Citizens Housing Commission Survey
2.1.a
2.1.a
Why DADUs in Edmonds today?
o In 2021, the Citizens' Housing Commission
stated the following policy recommendation
for updating the ADU code to include DADUs:
'Allow either one attached or detached accessory unit on
a property in the SFR area, with clear and definitive
development requirements such as size, ownership, and
parking, under the standard permitting process and not
require a conditional use permit."
o According to the 2021 American Community
Survey, 21.5% of Edmonds' residents are over
65 years of age.
The most frequent over-the-counter ADU question:
"Are DADUs allowed for 'aging in place?"
ACCESSORY DWELLING UNITS
Young professionals/
couple
P,
Grand parents
Young family _T Teenager
Credit: City of Redlands
11
owner 0 renter
2.1.a
What does ECDC currently allow?
Permit needed
Type of Unit
Number of Units
Size
Design
Entrance
Parking
Occupancy
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YES - Conditional Use Permit -Type II decision.MM
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Attached ADU only.
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May have accessory dwelling unit per lot. D
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✓ Must not exceed 40% of the livable floor area of the principal dwelling, up to a maximum of 800 square feet.
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✓ No more than two bedrooms. N
✓ An exception allows increased size up to 50% of the floor area of the principal dwelling if the ADU is all on a single floor. I a
Architecturally match with the primary residence.
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Side entrance that should be unobtrusive when viewed from the street.
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One off-street parking space in addition to the parking spaces normally required for the principal dwelling, but no less than threE M
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spaces per lot. N
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Either the primary dwelling or the accessory dwelling unit must be owner -occupied.
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ACCESSORY DWELLING UNITS
2.1.a
What will 1-1131337 require?
o Cities must ease barriers to the construction
and use of accessory dwelling units.
o Cities must allow ADUs as a secondary
outright permitted use.
o Legalizes two accessory dwelling units per lot
and lifts numerous restrictions.
ACCESSORY DWELLING UNITS
CONVERTED
GARRAGE
CONVERTED
GARRAGE
Credit: REMOCA General Contractors, Inc.
DETACHED
ADU
BASEMENT
CONVERSION
What will HB 1337 require?
State legislation mandates that HB 1337 must be implemented no later than six months after M
N
the next Comprehensive Plan due date, or by July 1, 2025. commerce language will supersede, preempt, and o
invalidate any conflicting local development regulations if Edmonds does not adopt policy by June 30, 2025. a
The requirements for the City of Edmonds will be as follows:
• Allow two ADUs per lot (any configuration of ADU and DADU).
• No owner -occupancy requirements.
0
• Allow separate sale of ADUs. 3
• No parking required within a half -mile ofa major transit stop, as defined in,
RCW 36.70A.696(8).
• Maximum size limitation no less than 1,000sf of gross floor area.
• Gross Floor Area is defined as the "interior habitable area of an accessory dwelling unit, including basements and o
attics but not including unconditioned space, such as a garage or non -habitable accessory structures."
Allow DADUs to be sited at a rear lot line when the lot line abuts a public alley.
a.
No setback requirements, yard coverage limits, tree retention mandates, restrictions on entrya.
door locations, or aesthetic requirements that are more restrictive than for the principal unit. N
Allow ADUs of at least 24-feet in height.
Impact fees cannot be more than 50% of fees charged for the principal unit.
U
ACCESSORY DWELLING UNITS
2.1.a
What are Best Practices according to WA Dept of Commerce and AARP?
o Allow all types of accessory units.
o Require no additional parking spaces for ADUs.
o Minimize permit and impact fees or waive
them in specific situations.
o Adopt flexible and simple regulatory
requirements for setbacks, square footage,
and design.
o Allow prefabricated modular units.
o Allow pre -approved units.
o Owner occupancy not required.
o Allow for rentals as well as sale as
condominiums.
ACCESSORY DWELLING UNITS
2 - PROPOSED DETACHED ACCESSORY
DWELLING UNIT AND CARPORT
Credit: SLC.gov
What the ECDC may look like:
Permit needed
Type of Unit
Number of Units:
Size
Design
Parking
Occupancy
=�_
Attached ADU only.
May have ^"'accessory dwelling unit per lot.
Permitted secondary use* ; Can be permitted in PRDs
DADUs and AADUs*
Allow two ADUs on all lots in any configuration.*
Max height 24'.*
.Dwelling up to a maximum of 900 squaF„ feet If rear lot line abuts a public alley, no rear setbacks are
ICI" mA-rn +h-+n +,e,r, hor:rr`r`01 mr required.*
,oL If�D l l Or-, -A sipgle fleer�xreptien ea he made In some instance, reduced rear setbacks.
Depending on the zone, no more than 1,200 square feet
gross floor area.
No design restrictions.*
One off street parking space in addition to the parking spaces No additional parking required for ADUs.
normally required for the principal dwelling, but no less than three
spaces per lot.
ACCESSORY DWELLING UNITS
*Required by 1337
Owner not required to reside in one of the units.* Allow
sale as condominium.
2.1.a
City of Edmonds Code Update:
Number of ADUs
Allowing at least two ADUs on all lots in any of the
following configurations:*
o One attached ADU and one detached ADU,
o Two attached ADUs, or
o Two detached ADUs.
Qwnershi :
o Owner occupancy not required.*
o Allow as sale as condominiums.*
ACCESSORY DWELLING UNITS
*Required by 1337
Ai
Credit: ADU Concepts
New Detached Ground-Uo
2.1.a
2.1.a
City of Edmonds Code Update: PLANNING BOARD DISCUSSION
Based on the discussions with Planning Board on January 10t" and January 241", City
staff is making the following updated recommendations:
o Rear setback reductions on small parcels (10-feet).
o Setback reduction incentives on small parcels if property owners limit height
of ADU to 15' to preserve privacy and views of existing neighborhoods (RS-6,
RS-8) to 5-feet.
o Eliminating additional ADU parking requirements:
• Decreases building costs;
• Maximizes ADU usage on smaller lots;
• Eliminates additional EV parking requirements.
ACCESSORY DWELLING UNITS
*Required by 1337
2.1.a
City of Edmonds Code Update: Ideas we are exploring
Allowing ADUs as an OUTRIGHT PERMITTED SECONDARY USE*
No longer requiring a conditional use permit
o Allowing ADUs in Planned Residential
Development zones.
o Allowing prefabricated units.
\ Street
Credit: PBA Architects + Planners
ACCESSORY DWELLING UNITS
*Required by 1337
Primary Dwelling
Unit (Unchanged)
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Garage Conversion to
Accessory Dwelling Unit
ADU
ENTRY VIEW
2.1.a
City of Edmonds Code Update: Ideas we are exploring
Development Standards - Height Restrictions and
Decreased Setbacks:
o Lot coverage will remain at 35% for all Single-family zones.
o Limiting height for DADUs to no less than 24 feet.*
o No setbacks for ADUs that abut a public alley*
• Primarily impacts parcels in RS-6 zones.
o Decreasing rear setback requirements to allow for more
flexibility on smaller lots (RS-band RS-8).
• Allowing a minimum 10-foot rear setback for DADUs on small lots.
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• Allowing a minimum 5-foot rear setback for ADUs on small lots that limit The majority of public alleys in the City of Edmonds are locatedii
the downtown area (RS-6).
ADU height to 15-feet.
ACCESSORY DWELLING UNITS
*Required by 1337 ■
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2.1.a
City of Edmonds Code Update: Ideas we are exploring
Development Standards - Gross Floor Area:
o Limiting ADUs to 1,000 sf of gross floor area on small lots (RS-6 and RS-8).
o Allowing ADUs to have up to 1,200 sf of gross floor area on one or two floors on large lots
(RS-10, RS-12, RS-20)
• Remember:
• gross floor area is defined as the "interior habitable area of an accessory
dwelling unit, not including unconditioned space."
• habitable space can be divided by two floors limited at 24 feet in height.
ACCESSORY DWELLING UNITS
*Required by 1337
City of Edmonds Code Update:
Development Standards - Parking Requirements:
o No additional parking required for ADUs
• 2 parking spaces are currently required for all single-family
homes.
• Current regulations allow ADU parking to be tandem or
within the existing driveway.
• High cost of providing additional parking may limit some
homeowners' ability to create additional housing.
• Many lots do not have the capacity for a 3rd parking space.
o Since 2021, no additional parking has been
required for ADUswithin �/4 mileofa major transit
sto p
ACCESSORY DWELLING UNITS
*Required by 1337
Distance to Transit
i 2.1.a
Stop for IRS Parcels
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Legend o
Bus Routes
_ Eighth Mile
Quarter Mile ' L
Half Mile `� \�\``� \ o
- Half Mile from Major Transit
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• -•- Packet Pg. 22
2.1.a
City of Edmonds Code Update: Ideas we are exploring
Developmen
t Standards
- Putting
it all together:
Sub District
Maximum ADU
Minimum
Maximum DADU
Minimum Parking
Gross Floor
DADU Rear
Height
Spaces
Area (Sq. Ft.)
Setback'2
RS-20
1,200
25'
24'
0
RS-12
1,200
25'
24'
0
RS-10
1,200
20'
24'
0
RS-8
1,000
10'3
24'
0
RS-6
1,000
10'3
24'
0
1 No rear setbacks are required for detached accessory dwelling units from the rear lot line if that lot line abuts a public alley, regardless of detached accessory dwelling unit size
2 Standard street and side setbacks per ECDC 16.20.030 apply.
3 The normally required rear setback may be reduced to a minimum of five feet for a detached accessory dwelling units 15' in height or less.
ACCESSORY DWELLING UNITS
*Required by 1337
City of Edmonds Code Update: Ideas we are exploring
Development Standards - Putting it all together:
ANI.
---------- , ------------- ------ ----
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1 -Story ADU (single story incentives) a.
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RS-6 and RS-8 Q
- 1,000 sf. max. (per H131337)
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- 5' from rear property line Q
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- 15' Height limit
- 35% Lot coverage limit (existing code) or-
E
- On alleyway, 0' rear setback (per HB133'
RS-10, RS-12, RS-20, etc...
- 1,200 sf. max. (best practices)
- Maintain existing setbac Packet Pg.
- 35% Lot coverage limit
City of Edmonds Code Update: Ideas we are exploring
Development Standards - Putting it all together:
S,
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2-Story ADLI (no incentives)
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- 1,000 sf. max. (per HB1337)
- 10' From rear property line CN
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- 24' Height limit (per H131337) 04
- 35% Lot coverage limit (existing code) r-
0)
- On alleyway, 0' rear setback (per HB1 337) E
All others (RS-10, RS-12, RS-20, etc...
- 1,200 sf. max. (best practices)
- Maintain existing setbacks
- 35% Lot coverage limit (exi Packet Pg. 25
City of Edmonds Code Update: Ideas we are exploring
Development Standards - Putting it all together:
2.1.a
2.1.a
Under Discussion: Allowing ADUs in PRDs:
HOAs and CCRs:
PDF RCW 64.38.160
New associations Accessory dwelling units.
(1) Except governing documents of associations created to protect public health and safety, and ground and surface waters from on -site wastewater, governing
documents of associations created after July 23, 2023, and applicable to a property located within an urban growth area may not impose any restriction or prohibition on
the construction, development, or use on a lot of an accessory dwelling unit that the city or county in which the urban growth area is located would be prohibited from
imposing under RCW 36.70A.681.
(2) For the purposes of this section, "urban growth area" has the same meaning as in RCW 36.70A.030.
(3) A city or county issuing a permit for the construction of an accessory dwelling unit may not be held civilly liable on the basis that the construction of the accessor
dwelling unit would violate a restrictive covenant or deed restriction.
[ 2023 c 334 § 11.]
Planning Division Recommendations:
• State law requires that ADUs be allowed in all zones that allow for single-family development
• HOAs and CCRs that limited ADUs prior to July 23, 2023 can continue to do so.
• Municipality will not regulate private agreements.
ACCESSORY DWELLING UNITS
2.1.a
Under Discussion: Critical Areas
EHB 1337 - Section 4
16 (4) The provisions of this section do not apply to lots
17 designated with critical areas or their buffers as designated in RCW
18 36.70A.060, or to a watershed serving a reservoir for potable water
19 if that watershed is or was listed, as of the effective date of this
20 section, as impaired or threatened under section 303(d) of the
21 federal clean water act (33 U.S.C. Sec. 1313(d)).
Planning Division Recommendations:
• Allow ADUs on lots that contain critical areas or
their associated buffers so long as they can meet
protection standards in ECDC Title 23 (Natural
Resources).
Credit: City of Edmonds
ACCESSORY DWELLING UNITS
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2.1.a
Under Discussion: Impact Fees
ECC Chapter 3.36
3. For the purposes of this chapter, development activity shall not include alterations,
expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling
unit where no additional dwelling units are created and the use is not changed. Note:
accessory dwelling units (ADUs) are not considered to create additional dwelling units
because ECDC 20.21.020 does not consider ADUs as increasing the overall density of a
single-family residential neighborhood.
Planning Division Recommendations:
• Count ADUs toward density requirements,
consistent with 2024 Comprehensive Plan Update
and GMA requirements.*
• Reduce impact fees to promote ADU development.
*Pending internal discussion and review by the City Attorney.
ACCESSORY DWELLING UNITS
Credit: Trip Advisor
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2.1.a
Under Discussion: Utilities
Water meters, sewer connections, and utility
undergrounding can add costs to ADU
development. The Planning Division is
working with Public Works and Olympic View
Water and Sewer District (OVWSD) to update
regulations.
Planning Division Recommendations:
• Reduce costs for homeowners as much as
possible.
• Collaborate with the Public Works
Department, Utility Billing, South County
Fire, and OVWSD to ensure that all
requirements are met.
ACCESSORY DWELLING UNITS
Credit: watercare.ca.nz
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2.1.a
Topic for Further Discussion: Utilities
Engineering Division Recommendations:
• New and extended utilities must be
undergrounded.
• All units must have unrestricted access to
utility control systems.
• Only one water service and meter allowed
per parcel.
• Only one sewer lateral is allowed per
parcel.
Credit: drain brains. co. A
• Upsizing or replacement of existing service
lines/laterals may be required.
ACCESSORY DWELLING UNITS
Urtac he0
noun* with no
Sharod Sewer%
I
T•rIaced houwa
wrlh s►,ared
sewers
2.1.a
What about Pre -Approved Designs?
Providing pre -approved design options or prefabricated units can lower costs for
homeowners and align designs with community vision.
o Development staff pre -approves architectural
plans for compliance with building and
development codes.
101
Typically approved in shorter timeframe with
reduced permit fees r
City of Seattle pre -approved DADU design, Source: CAST Architecture
ACCESSORY DWELLING UNITS
Schedule
I Jan 10th I
4
M
•
Council
Introduction
Jan 24th
ACCESSORY DWELLING UNITS
T
Community
WO
Webinar
PPIanniBoard
Introduction
1
I Feb 27th i
dm*
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I Feb 28th I
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2.1.b
DRAFT ADU CODE UPDATE— 1337 v.8
DRAFT ADU Code Amendments v.8
3.36.030 Assessment and payment of impact fees.)
A. Required. The city shall collect impact fees, based on the rates in ECC 3.36.120 and 3.36.125.
from any applicant seeking development approval from the city for any development activity
within the city as provided herein, including the expansion of existing structures or uses or
change of existing uses that creates additional demand for public facilities.
1. For the purposes of this chapter, development activity shall not include miscellaneous
improvements that do not add any demand for public facilities, including, but not limited
to, fences, walls, swimming pools accessory to a residential use, and signs.
2. For the purposes of this chapter, development activity shall not include replacement of
a residential structure with a new residential structure of the same type at the same site or
lot when such replacement occurs within 12 months of the demolition or destruction of the
prior residential structure. Replacement of a residential structure with a new residential
structure of the same type shall be interpreted to include any residential structure for
which there is no increase in the number of residential units.
3. For the purposes of this chapter, development activity shall not include alterations,
expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling
unit where no additional dwelling units are created and the use is not changed. Note
accessory dwelliRg units (ADIJs) aF@ ROt considered to create- additignal dwtalliRg WRitS
becaus;o Grnr :20:21 WO d9tas; not Consider enl Ic as iRGreaSiRg the overall deRSit.y of a
ogle family residential n inhhnrhood 1
B. Timing and Calculation of Fees. Impact fees shall be assessed based upon the impact fee
rates in effect at the time of issuance of the building permit, including but not limited to change
of use permit or remodel permit.
1. For a change in use of an existing building or dwelling unit, including any alteration,
expansion, replacement or new accessory building, the impact fee shall be the applicable
impact fee for the new use, less an amount equal to the applicable impact fee for the prior
use.
Commented [RH1]: I added Comments for annot
whether the code is being deleted, moved or added
why. Or, whether more info is needed
Commented [HR2]: Under departmental internal
and with the City Attorney
Packet Pg. 34
2.1.b
DRAFT ADU CODE UPDATE —1337 v.8
2. For mixed use developments, impact fees shall be imposed for the proportionate share
of each land use based on the applicable measurement in the impact fee rates set forth in
ECC 3.36.120 and 3.36.125.
3. Where the impact fees imposed are determined by the square footage of the
development, the building official will establish the gross floor area created by the
proposed development.
4. Applicants that have been awarded credits prior to the submittal of the complete
building permit application pursuant to ECC 3.36.050 shall submit, along with the complete
building permit application, a copy of the letter or certificate prepared by the director
pursuant to ECC 3.36.050 setting forth the dollar amount of the credit awarded.
5. Applicants shall pay an administrative fee that covers the cost of staff time in
administering the impact fee program. The amount of the administrative fee shall be
established and updated from time to time by resolution of the city council.
C. Payment. Unless deferred pursuant to ECC 3.36.160, impact fees shall be paid at the time
the building permit or business license is issued by the city. The department shall not issue the
required building permit or business license or other approval unless and until the impact fees
set forth in ECC 3.36.120 and 3.36.125 have been paid in the amount that they exceed
exemptions or credits provided pursuant to ECC 3.36.040 or 3.36.050; provided, that building
permits may be issued without impact fee payment when payment is deferred in accordance
with ECC 3.36.160. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.040 Exemptions.
A. Except as provided for below, the following shall be exempted from the payment of all
impact fees under this chapter:
1. Alteration of an existing nonresidential structure that does not involve a change in use
and does not expand the usable space or add any residential units;
2. Miscellaneous improvements that do not expand usable space or add any residential
units, including, but not limited to, fences, walls, swimming pools, and signs;
3. Demolition or moving of a structure;
Packet Pg. 35
2.1.b
DRAFT ADU CODE UPDATE —1337 v.8
4. Expansion of an existing structure that results in the addition of 100 square feet or less
of gross floor area;
5. Replacement of a structure with a new structure of the same size and use at the same
site or lot when a building permit application for such replacement is submitted to the city
within 12 months of the demolition or destruction of the prior structure. Replacement of a
structure with a new structure of the same size shall be interpreted to include any
structure for which the gross square footage of the building will not be increased by more
than 100 square feet; or
6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an
existing dwelling unit where no additional dwelling units are created and the use is not
changed (arce«or„ dweinn.. , nitS (ADUs) are not si.dere.d to create a.JdWAn;4i dlAfpiifnn
u.n.uts; hecoi ice CGDC 2021 0:20 dpps; not cAnr'dPr ADD is as g then roii density of
a single family residential neighborhood, and beEause the Eit)(5 traffic Model does nAt
assign additional trips to the net,.,nrk as a rLas-At of ADI icy
E. Low-income housing units shall be exempt from paying 80 percent of the street impact fees
to the extent the units satisfy this subsection. Such exemption shall be conditioned upon the
developer recording a covenant that prohibits using the low-income housing units for any
purpose other than for low-income housing. At a minimum, the covenant must address price
restrictions and household income limits for the low-income housing development, and that if
the property is converted to a use other than for low-income housing, the property owner must
pay the applicable impact fees in effect at the time of conversion. The covenant shall also
require the owner to submit an annual report to the city along with supporting documentation
that shows that the low-income units are continuing to be rented in compliance with the
covenant. The covenant shall be an obligation that runs with the land upon which the housing is
located. The covenant shall be in a form acceptable to the city attorney and shall be recorded
upon the developer's payment of the remaining 20 percent of the street impact fee.
C. Except as provided for below, the following shall be exempted from the payment of park
impact fees under this chapter:
1. Low-income housing provided by nonprofit organizations such as, but not limited to,
Habitat for Humanity. Owners of low-income single-family dwelling units, condominiums
and other low-income housing shall execute and record a lien against the property, in favor
of the city, for a period of 10 years guaranteeing that the dwelling unit will continue to be
Commented [HR3]: Under departmental internal
and with the City Attorney
Packet Pg. 36
2.1.b
DRAFT ADU CODE UPDATE —1337 v.8
used for low-income housing or that impact fees from which the low-income housing is
exempted, plus interest, shall be paid. The lien against the property shall be subordinate
only to the lien for general taxes. In the event that the development is no longer used for
low-income rental housing, the owner shall pay the city the impact fee from which the
owner or any prior owner was exempt, plus interest at the statutory rate. Any claim for an
exemption for low-income owner occupied housing must be made no later than the time of
application for a building permit. Any claim not so made shall be deemed waived.
D. Early learning facilities shall be exempt from paying 80 percent of street and park impact
fees; provided, that the early learning facility satisfies the conditions of this subsection. Such
exemption shall be conditioned upon the developer recording a covenant that requires that at
least 25 percent of the children and families using the early learning facility qualify for state
subsidized child care, including early childhood education and assistance under Chapter 43.216
RCW, and that provides that if the property is converted to a use other than for an early
learning facility, the property owner must pay the applicable impact fees in effect at the time of
conversion, and that also provides that if at any point during a calendar year the early learning
facility does not achieve the required percentage of children and families qualified for state
subsidized child care using the early learning facility, the property owner must pay the
remaining impact fee that would have been imposed on the development had there not been
an exemption. The covenant shall also require the owner to submit an annual report to the city
along with supporting documentation that shows that the early learning facility is in compliance
with the covenant. The covenant shall be an obligation that runs with the land upon which the
early learning facility is located. The covenant shall be in a form acceptable to the city attorney
and shall be recorded upon the developer's payment of the remaining 20 percent of the impact
fees.
E. The director shall be authorized to determine whether a particular development activity falls
within an exemption identified in this section, in any other section, or under other applicable
law. Determinations of the director shall be in writing and shall be subject to the appeals
procedures set forth in ECC 3.36.070. [Ord. 4268 § 1, 2022; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A),
2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.120 Park impact fee rates.
The park impact fee rates in this section are generated from the formula for calculating impact
fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise
Packet Pg. 37
2.1.b
DRAFT ADU CODE UPDATE — 1337 v.8
provided for independent fee calculations in ECC 3.36.130, exemptions in ECC 3.36.040 and
credits in ECC 3.36.050, all new developments in the city will be charged the park impact fee
applicable to the type of development as follows:
A. Effective October 1, 2014:
1. Single-family house: $2,734.05 per dwelling unit.
2. Accessory dwelling units: $1,367.03 per dwelling unit.
3. 2-. Multifamily residential housing: $2,340.16 per dwelling unit.
4.3. Nonresidential development: $1 .34 per square foot. [Ord. 4048 § 1, 2016; Ord. 4037 § 1
(Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.125 Street impact fee rates.
The street impact fee rates in this section are generated from the formula for calculating impact
fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise
provided for herein, all new developments in the city will be charged the street impact fee
applicable to the type of development as follows in the table below.
For properties zoned BD - Downtown Business, an ITE Land Use Code of 814 - Specialty Retail
shall be applied.
2016 (w/
2017 (w/
2018 (w/
2019 and
ITE Land Use Code -
Fee
$1,049.41
$2,543.01
$4,036.61
beyond (w/
Description
Calculation
cost per
cost per
cost per
$5,530.21 cost
trip)
trip)
trip)
per trip)
110 - Light Industrial
per square foot
$1.50
$3.64
$5.77
$7.91
140 - Manufacturing
per square foot
$1.12
$2.72
$4.32
$5.92
151 - Mini -warehouse
per square foot
$0.40
$0.97
$1.54
$2.10
210 - Single-family house
per dwelling
$1,196.33
$2,873.60
$4,561.37
$6,249.14
unit
Commented [HR4]: Under departmental internal
and with the City Attorney. Per RCW 36.70A.681(1)(
city of county may not assess impact fees on the
construction of accessory dwelling units that are grc
than 50 percent of the impact fees that would be irr
on the principal unit
C
Packet Pg. 38
2.1.b
DRAFT ADU CODE UPDATE- 1337 v.8
ITE Land Use Code -
Description
Fee
Calculation
2016 (w/
$1,049.41
cost per
trip)
2017 (w/
$2,543.01
cost per
trip)
2018 (w/
$4,036.61
cost per
trip)
2019 and
beyond (w/
$5,530.21 cost
per trip)
215 - Accessory dwelling units
per dwelling
1$3,124.57
unit
220 -Apartment
per dwelling
unit
$776.56
$1,881.83
$2,987.09
$4,092.36
230 - Condominium
per dwelling
unit
$629.65
$1,525.81
$2,421.97
$3,318.13
240 - Mobile home
per dwelling
unit
$671.62
$1,627.53
$2,583.43
$3,539.33
251 - Senior Housing
per dwelling
unit
$157.41
$584.89
$928.42
$1,271.95
320 - Motel
per room
$629.65
$1,525.81
$2,421.97
$3,318.13
420 - Marina
per boat berth
$188.89
$457.74
$726.59
$995.44
444 - Movie theater
per screens
$13,166.00
$31,905.90
$50,645.37
$69,384.85
492 - Health/fitness club
per square foot
$2.78
$6.74
$10.98
$14.66
530 - High school
per square foot
$0.82
$1.98
$3.15
$4.31
560 - Church
per square foot
$0.69
$1.68
$2.67
$3.65
565 - Day care center
per square foot
$6.57
$15.77
$25.02
$34.29
620 - Nursing home
per bed
$199.39
$483.17
$766.96
$1,050.74
710 - General office
per square foot
$2.07
$5.01
$7.95
$10.89
720 - Medical office
per square foot
$3.81
$9.54
$15.14
$20.74
- Commented [HR5]: Under departmental internal
and with the City Attorney. Per RCW 36.70A.681(1)(
city of county may not assess impact fees on the
construction of accessory dwelling units that are gre
than 50 percent of the impact fees that would be irr
on the principal unit
Packet Pg. 39
2.1.b
DRAFT ADU CODE UPDATE- 1337 v.8
ITE Land Use Code -
Description
Fee
Calculation
2016 (w/
$1,049.41
cost per
trip)
2017 (w/
$2,543.01
cost per
trip)
2018 (w/
$4,036.61
cost per
trip)
2019 and
beyond (w/
$5,530.21 cost
per trip)
820 - Shopping center
per square foot
$1.34
$3.26
$5.17
$7.08
826 - Specialty retail
per square foot
$0.93
$2.06
$3.27
$4.48
850 - Supermarket
per square foot
$4.80
$10.50
$16.84
$22.84
850 - Convenience market 15 -
16 hrs
per square foot
$5.80
$14.07
$22.38
$30.58
912 - Drive-in bank
per square foot
$7.00
$15.97
$25.41
$34.73
932 - Restaurant: sit-down
per square foot
$4.70
$10.04
$15.95
$21.84
933 - Fast food, no drive -up
per square foot
$9.19
$22.28
$35.36
$48.44
934 - Fast food with drive -up
per square foot
$11.23
$26.24
$41.66
$57.07
936 - Coffee/donut shop, no
drive -up
per square foot
$5.73
$13.88
$22.04
$30.19
938 - Coffee/donut shop, drive-
up, no indoor seating
per square foot
$10.55
$25.56
$40.37
$55.58
945 - Gas station with
convenience
per vehicle
fueling position
$3,347.62
$6,916.99
$10,979.58
$15,042.18
[Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016].
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Packet Pg. 40
2.1.b
DRAFT ADU CODE UPDATE — 1337 v.8
Chapter 16.20
RS - SINGLE-FAMILY RESIDENTIAL
Sections:
16.20.000 Purposes.
16.20.010 Uses.
16.20.020 Subdistricts.
16.20.030 Table of site development standards.
16.20.040 Site development exceptions.
16.20.045 Site development standards - Single-family master plan.
16.20.050 Site development standards - Accessory dwelling units.
16.20.06050 Site development standards - Accessory buildings.
16.20.000 Purposes.
The RS zone has the following specific purposes in addition to the general purposes for
residential zones of ECDC 16.00.010 and 16.10.000:
A. To reserve and regulate areas primarily for family living in single-family dwellings;
B. To provide for additional nonresidential uses which complement and are compatible with
single-family dwelling use. [Ord. 3547 5 1, 20053.
16.20.010 Uses.
A. Permitted Primary Uses.
1. Single-family dwelling units;
2. Churches, subject to the requirements of ECDC 17.100.020;
3. Primary schools subject to the requirements of ECDC 17.100.050(G) through (R);
8
Packet Pg. 41
2.1.b
DRAFT ADU CODE UPDATE — 1337 v.8
4. Local public facilities that are planned, designated, and sited in the capital improvement
plan, subject to the requirements of ECDC 17.100.050;
5. Neighborhood parks, natural open spaces, and community parks with an adopted
master plan subject to the requirements of ECDC 17.100.070.
B. Permitted Secondary Uses.
1. Foster homes;
2. Accessory dwelling units, subject to the requirements of 16.20.050 ECDC;
3. 2—Home occupation, subject to the requirements of Chapter 20.20 ECDC;
3--.4. The renting of rooms without separate kitchens to one or more persons;
5.4. The following accessory buildings:
a. Fallout shelters,
b. Private greenhouses covering no more than five percent of the site,
c. Private stables,
d. Private parking for no more than five cars,
e. Private swimming pools and other private recreational facilities;
6. -S-. Private residential docks or piers;
7. 6-. Family day-care in a residential home;
8. T Commuter parking lots that contain less than 10 designated parking spaces in
conjunction with a church, school, or local public facility allowed or conditionally permitted
in this zone. Any additionally designated parking spaces that increase the total number of
spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking
lot to a conditional use permit as specified in subsection (D)(5) of this section, including
commuter parking lots that are located upon more than one lot as specified in ECDC
21.15.075;
9. 8_ Bed and breakfasts, as in ECDC 20.23.020(A)(1).
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Commented [MC6]: ADUs will be a permitted sec M y
use. ADUs currently require a conditional use perm 0)
addition to any building permit requirements. Redu C
permitting time and cost. —
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2.1.b
DRAFT ADU CODE UPDATE — 1337 v.8
C. Primary Uses Requiring a Conditional Use Permit.
1. High schools, subject to the requirements of ECDC 17.100.050(G) through (R);
2. Local public facilities that are not planned, designated, and sited in the capital
improvement plan, subject to ECDC 17.100.050;
3. Regional parks and community parks without a master plan subject to the requirements
of ECDC 17.100.070.
D. Secondary Uses Requiring a Conditional Use Permit.
1. Preschools;
2. Guest house;
3. Amateur radio transmitting antennas;
4 Accessory wellingunits;
4— Commuter parking lots with 10 or more designated parking spaces in conjunction with a
church, school, or local public facility allowed or conditionally permitted in this zone; and
6. -5-. Bed and breakfasts, as in ECDC 20.23.020(A)(2). [Ord. 3988 § 7, 2015; Ord. 3900 § 4, 2012;
Ord. 3702 § 1, 2008; Ord. 3547 § 1, 2005].
16.20.020 Subdistricts.
There are established seven subdistricts of the RS zone in order to provide site development
standards for areas which differ in topography, location, existing development and other
factors. These subdistricts shall be known as the RS-6 zone, the RS-8 zone, the RS-10 zone, the
RS-12 zone, the RSW-12 zone, the RS-20 zone, and the RS-MP zone. [Ord. 3547 § 1, 2005].
10
Packet Pg. 43
2.1.b
DRAFT ADU CODE UPDATE— 1337 v.8
16.20.030 Table of site development standards.
Minimum Minimum Minimum Minimum Minimum Maximum Minimum
Sub Maximum Side Rear Maximum
Lot Area Lot Street Coverage Parking
District (Sq.Ft.) Density' Height ON Spaces'
Width Setback Setback Setback
RS-20 20,000 2.2 100, 25' 35'3 & 25' 25' 35% 2
10'
RS-12 12,000 3.7 80' 25' 10' 25' 25' 35% 2
RSW- 12,000 3.7 — 15' 10' 35' 25' 35% 2
124
RS-10 10,000 4.4 75' 25' 10, 20' 25' 35% 2
RS-8 8,000 5.5 70' 25' 7-1/2' 15' 25' 35% 2
RS-6 6,000 7.3 60' 20' 5' 15' 25' 35% 2
RS-Mp5 12,0005 3.75 80i5 25'S 10'5 25'5 25' 35% 2
1 Density means "dwelling units per acre" determined by dividing the total lot area by the density allowed by
the underlying zoning; the number of lots or units permitted shall be rounded down to the nearest whole
number.
2 See Chapter 17.50 ECDC for specific parking requirements.
3 Thirty-five feet total of both sides, 10 feet minimum on either side.
4 Lots must have frontage on the ordinary high water line and a public street or access easement approved by
the hearing examiner.
5 "MP" signifies "master plan." The standards in this section show the standards applicable to development
without an approved master plan. Properties in this zone may be developed at a higher urban density lot
pattern equivalent to RS-8 but this shall only be permitted in accordance with a duly adopted master plan
adopted under the provisions of ECDC 16.20.045.
[Ord. 3547 § 1, 2005].
11
Packet Pg. 44
2.1.b
DRAFT ADU CODE UPDATE — 1337 v.8
16.20.040 Site development exceptions.
A. Average Front Setback. If a block has residential buildings on more than one-half of the lots
on the same side of the block, the owner of a lot on that block may use the average of all the
setbacks of the existing residential buildings on the same side of the street as the minimum
required front setback for the lot. Detached structures such as garages; carports; and
uncovered porches, decks, steps and patios less than 30 inches in height, and other uncovered
structures less than 30 inches in height shall not be included in the "average front setback'
determination.
An applicant for such a determination shall provide a drawing which locates the street property
line for the entire block, as well as the existing street setbacks of all buildings required to be
used for the purpose of calculating the "average front setback." The drawing shall be prepared
and stamped by a land surveyor registered in the state of Washington.
B. Eaves and Chimneys. Eaves and chimneys may project into a required setback not more than
30 inches.
C. Porches and Decks. Uncovered and unenclosed porches, steps, patios, and decks may project
into a required setback not more than one-third of the required setback, or four feet, whichever
is less; provided, that they are no more than 30 inches above ground level at any point.
D. Reserved.
E. Corner Lots. Corner lots have no rear setback; all setbacks other than the street setbacks
shall be side setbacks.
F. Docks, Piers, Floats.
1. Height. The height of a residential dock or pier shall not exceed five feet above the
ordinary high water mark. The height of attendant pilings shall not exceed five feet above
the ordinary high water mark or that height necessary to provide for temporary emergency
protection of floating docks.
2. Length. The length of any residential dock or pier shall not exceed the lesser of 35 feet
or the average length of existing docks or piers within 300 feet of the subject dock or pier.
3. Width. The width of any residential dock or pier shall not exceed 25 percent of the lot
width when measured parallel to the shoreline.
12
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2.1.b
DRAFT ADU CODE UPDATE -1337 v.8
4. Setbacks. All residential docks or piers shall observe a minimum 10-foot side yard
setback from a property line or a storm drainage outfall. joint use docks or piers may be
located on the side property line; provided, that the abutting waterfront property owners
shall file a joint use maintenance agreement with the Snohomish County auditor in
conjunction with, and as a condition of, the issuance of a building permit. joint use docks or
piers shall observe all other regulations of this subsection.
5. Number. No lot shall have more than one dock or pier or portion thereof located on the
lot.
6. Size. No residential dock or pier shall exceed 400 square feet.
7. Floats. Offshore recreational floats are prohibited.
8. Covered Buildings. No covered building shall be allowed on any residential dock or pier.
[Ord. 3845 § 5, 2011; Ord. 3547 § 1, 2005].
16.20.045 Site development standards - Single-family master plan.
A. General. The "single-family -master plan" zone is intended to apply to the area lying along
the south side of SR-104 north of 228th Street SW, where there are development constraints
related to access and traffic on SR-104. Development in this zone may be approved at RS-12
standards without an approved master plan. An approved master plan is required before any
development can occur at RS-8 densities.
B. Criteria for Approving a Master Plan. Properties seeking to develop at RS-6 or RS-8 densities
shall be developed according to a master plan (such as through a PRD) that clearly
demonstrates the following:
1. That access and lot configurations shall not result in additional curb cuts or unmitigated
traffic impacts on SR-104; at a minimum, a traffic study prepared by a traffic engineer
approved by the city shall clearly demonstrate this requirement.
2. That the configuration and arrangement of lots within the master plan area provide for
setbacks on the perimeter of the proposed development that are compatible with the
zoning standards applied to adjoining developed properties. For example, a master plan
adjoining developed lots in an RS-MP zone that were developed under RS-12 standards
13
Packet Pg. 46
2.1.b
DRAFT ADU CODE UPDATE —1337 v.8
shall have RS-12 setbacks along common property lines, although the lot sizes, widths, and
other bulk standards may conform to the higher density lot configuration approved
through the master plan. [Ord. 3547 § 1, 20051.
16.20.050 Site development standards - Accessory dwelling units,
A. General. Accessory dwelling units must meet all of the standards of Chapter 16.20 ECDC
except as specifically provided in this section.
B. Number of Units. A principal dwelling unit may have two accessory dwelling units in the
following configurations: one attached and one detached accessory dwelling units, two
attached accessory dwelling units, or two detached accessory dwelling units.
C. Table of ADU development standards. W
Sub District
Maximum ADU
Minimum
Maximum DADU
Minimum Parking
Gross Floor
Area (Sq. Ft.
DADU Rear
Hei h
Spaces
Setback','
RS-20
1,200
25'
24'
0
RS-12
1,200
25'
24'
0
RS-10
1,200
20'
24'
0
RS-8
11000
1013
24'
0
RS
11000
10i3
24'
0
1 INo rear Setbacks are required for detached accessory dwelling units from the rear lot line if
that lot line abuts a public alley, regardless of detached accessory dwelling unit size.
2 Standard street and side setbacks per ECDC 16.20.030 apply.
3 The normally required rear setback may be reduced to a minimum of five feet for a detached
accessory dwelling units 15' in height or less.
14
Commented [MC7]: Moving and updating ADU Is
currently in ECDC 20.21. ADUs are only allowed in si
family (RS) zones so it is reasonable to include the A
related standards in the IRS zoning chapter. At the si
time, the standards are being updated to be consist,
HB 1337 and best practices.
Commented [RH8]: HB 1337 will require gross flc
up to 1,000sf. Gross floor area is defined by RCW 36
as "the interior habitable area of a dwelling unit ind
basements and attics but not including a garage or a
structure."
Commented [MC9]: Consistent with HB 1337
Packet Pg. 47
2.1.b
DRAFT ADU CODE UPDATE -1337 v.8
D. Types of Building. A manufactured or modular dwelling unit may be used as an accessory
dwelling unit. Detached accessory dwelling units are allowed to be created in existing legally
permitted buildings, including detached garages. Legal nonconforming buildings converted for
use as an accessory dwelling unit must meet the requirements of 17.40.020(D).
E. Driveways. Access to the principal unit and any residential units shall comply with city codes
and policies as established by ECDC Title 18.
d. Utilities and Services. The Public Works Department considers Accessory Dwelling Units
dependent upon the principal unit and within the capacity of existing infrastructure of the
primary unit.
1. Utilities. All new or extended utilities must be undergrounded in accordance with
ECDC 18.05.010.
2. Utility Access. Occupants of Accessory Dwelling Units and the primary unit must have
unrestricted access to utility controls for systems (Including water, electricity, and gas) in
each respective unit or in a common area.
3. Water Meter. Only one water service and meter is allowed per parcel to serve the
principal unit and each accessory dwelling unit. Private submetering on the property is
allowed, but the City is not involved with installing or reading the submeter.
4. Sewer. Only one sewer lateral is allowed per parcel to serve the principal unit and
each accessory dwelling unit. Separate connections to the main trunk line will not be
permitted.
�5. Septic System.
5. Mailboxes. Additional mailboxes may be added for each permitted unit, as approved
by the Post Office.
G. Health and Safety. Accessory dwelling units must comply with all the applicable requirements
of the current building codes adopted by ECDC Title 19 and must comply in all respects with the
provisions of the Edmonds Community Development Code. Accessory dwelling units will be
required to have separate ingress/egress from the principal dwelling unit.
H. Previously approved accessory dwelling units. ADUs that were previously approved by the City
of Edmonds may continue and are not subject to the standards of this subsection. If expansion
15
Commented [HR10]: Language TBD by Public We
Department. Per State requirements, cities may pro
ADUs on properties not served by sewers.
Commented [RH11]: Under review with City of E
Public Works Department, Utility Billing, and olymp
Water and Sewer District
00
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2.1.b
DRAFT ADU CODE UPDATE —1337 v.8
or modification to an approved unit is proposed, the ADU must come into full compliance with
the requirements of this section.
16.20.060 46.20.050 Site development standards - Accessory
buildings.
A. General. Accessory buildings and structures shall meet all of the standards of ECDC
16.20.030 except as specifically provided in this section.
B. Height. Height shall be limited to 15 feet, except for amateur radio transmitting antennas
and their supporting structures. Garages or other accessory buildings attached by a breezeway,
hallway, or other similar connection to the main building which results in a separation
exceeding 10 feet in length may not exceed the 15-foot height limit. The separation shall be
determined by the minimum distance between the outside walls of the main building and
accessory building, exclusive of the connecting structure.
C. Rear Setbacks. The normally required rear setback maybe reduced to a minimum of five feet
for accessory buildings covering less than 600 square feet of the site.
D. Satellite Television Antenna. A satellite television antenna which measures greater than one
meter or 1.1 yards in diameter shall comply with the following regulations:
1. General. Satellite television antennas must be installed and maintained in compliance
with the Uniform Building and Electrical Codes as the same exist or are hereafter amended.
A building permit shall be required in order to install any such device.
2. Setbacks. In all zones subject to the provisions contained herein, a satellite television
antenna shall be located only in the rear yard of any lot. In the event that no usable satellite
signal can be obtained in the rear lot location or in the event that no rear lot exists as in the
case of a corner lot, satellite television antennas shall then be located in the side yard. In
the event that a usable satellite signal cannot be obtained in either the rear or side yard,
then a roof -mounted location may be approved by the staff, provided, however, that any
roof -mounted satellite antenna shall be in a color calculated to blend in with existing roof
materials and, in the case of a parabolic, spherical or dish antenna, shall not exceed nine
feet in diameter unless otherwise provided for by this section. In no event shall any roof-
16
Packet Pg. 49
2.1.b
DRAFT ADU CODE UPDATE —1337 v.8
mounted satellite television antenna exceed the maximum height limitations established
by this section.
3. Aesthetic. Satellite television antennas shall be finished in a nongarish, nonreflective
color and surface which shall blend into their surroundings. In the case of a parabolic,
spherical or dish antenna, said antenna shall be of a mesh construction. No commercial
advertising of any kind shall be displayed on the satellite television antenna.
4. Size and Height. Maximum size for a ground -mounted parabolic, spherical or dish
antenna shall be 12 feet in diameter. No ground -mounted antenna shall be greater than 15
feet in height unless otherwise approved for waiver as herein provided. The height of roof -
mounted satellite television antennas shall not exceed the lesser of the height of the
antenna when mounted on a standard base provided by the manufacturer or installer for
ordinary operation of the antenna or the height limitation provided by the zoning code.
5. Number. Only one satellite television antenna shall be permitted on any residential lot
or parcel of land. In no case shall a satellite television antenna be permitted to be placed
on wheels or attached to a portable device for the purpose of relocating the entire antenna
on the property in order to circumvent the intentions of this section.
E. Amateur Radio Antennas.
1. The following applications for the following approvals shall be processed as a Type II
development project permit application (see Chapter 20.01 ECDC):
a. Requests to utilize an amateur radio antenna dish which measures greater than
one meter or 1.1 yards in diameter;
b. Requests to utilize an antenna which:
i. Would be greater than 12 feet in height above the principal building on a site.
The height of the antenna shall be determined by reference to the highest point of
the roof of the principal building, exclusive of the chimney or other roof -mounted
equipment. The request to locate a 12-foot antenna on a building is limited to
buildings whose height conforms to the highest limit of the zone in which the
building is located.
ii. Would exceed the height limit of the zone when mounted on the ground or on
any accessory structure (see subsection (E)(2)(d) of this section).
17
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2.1.b
DRAFT ADU CODE UPDATE — 1337 v.8
2. The application shall comply with the following regulations:
a. Definition. "Amateur radio antenna" means an antenna, or any combination of a
mast or tower plus an attached or mounted antenna, which transmits noncommercial
communication signals and is utilized by an operator licensed by the Federal
Communications Commission. Guy wires for amateur radio antennas are considered
part of the structure for the purpose of meeting development standards.
b. General. Amateur radio antennas must be installed and maintained in compliance
with the Uniform Building and Electrical Codes, as the same exist or are hereafter
amended. A building permit shall be required to install an amateur radio antenna.
c. Location. Amateur radio antennas may be ground- or roof -mounted, however, these
devices shall:
i. Be located and constructed in such a manner as to reasonably ensure that, in
its fully extended position, it will not fall in or onto adjoining properties;
ii. Not be located within any required setback area; and
iii. Be retracted in inclement weather posing a hazard to the antenna.
d. Height. The height of a ground -mounted tower or roof -top antenna may not exceed
the greater of the height limit applicable to the zone or 65 feet when extended by a
telescoping or crank -up mechanism unless an applicant obtains a waiver (see
subsection (F) of this section).
i. Only telescoping towers may exceed the height limits established by subsection
(E)(1)(b) of this section. Such towers shall comply with the height limit within the
applicable zone and may only exceed the height limit of the applicable zone and/or
65-foot height limit when extended and operating and if a waiver has been
granted.
ii. An antenna located on a nonconforming building or structure which exceeds
the height limit of the zone in which it is located shall be limited to height limit of
the zone plus 12 feet.
18
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DRAFT ADU CODE UPDATE — 1337 v.8
e. Aesthetic. To the extent technically feasible and in compliance with safety
regulations, specific paint colors may be required to allow the tower to blend better
with its setting.
F. Technological Impracticality - Request for Waiver.
1. The owner, licensee or adjacent property owner may apply for a waiver if:
a. Strict application of the provisions of this zoning code would make it impossible for
the owner of a satellite television antenna to receive a usable satellite signal;
b. Strict application of the provisions of this zoning code would make it impossible for
the holder of any amateur radio license to enjoy the full benefits of an FCC license or
FCC protected right; or
c. An adjacent property owner or holder of an FCC license or right believes that
alternatives exist which are less burdensome to adjacent property owners.
2. The request for waiver shall be reviewed by the hearing examiner as a Type III -A
decision and may be granted upon a finding that one of the following sets of criteria have
been met:
a. Technological Impracticality.
i. Actual compliance with the existing provisions of the city's zoning ordinance
would prevent the satellite television antenna from receiving a usable satellite
signal or prevent an individual from exercising the rights granted to him or her by
the Federal Communications Commission (FCC) by license, law or FCC regulation;
or
ii. The alternatives proposed by the property owner or licensee constitute the
minimum necessary to permit acquisition of a usable satellite signal by a satellite
television antenna or to exercise the rights granted pursuant to a valid FCC license,
law or FCC regulation.
b. Less Burdensome Alternatives. The hearing examiner is also authorized to consider
the application of adjacent property owners for a waiver consistent with the provisions
of subsection (F)(1)(c) of this section without the requirement of a finding that a usable
satellite signal cannot be acquired when the applicant or adjacent property owner(s)
19
Packet Pg. 52
2.1.b
DRAFT ADU CODE UPDATE —1337 v.8
establish that the alternatives proposed by the applicant are less burdensome to the
adjacent property owners than the requirements which would otherwise be imposed
under this section. For example, adjacent property owners may request alternative or
additional screening or the relocation of the antenna on the licensee's property. In the
interactive process described in subsection (F)(3) of this section, the hearing examiner
shall attempt to balance the impact of the tower on the views of adjacent properties,
as well as the impacts of alternative screening and relocation in order to equitably
distribute any negative impacts among the neighbors while imposing reasonable
conditions on the antenna, its location and screening that do not impair the rights
granted by the FCC to the licensee.
3. The process shall be an interactive one in which the hearing examiner works with the
licensee to craft conditions which place the minimum possible burden on adjacent
property owners while permitting the owner of the satellite antenna or holder of an
amateur radio license to fully exercise the rights which he or she has been granted by
federal law. For example, the number of antennas and size of the array shall be no greater
than that necessary to enjoy full use of the FCC license. Conditions may include but are not
limited to requirements for screening and landscaping, review of the color, reflectivity and
mass of the proposed satellite television antenna or amateur radio facilities, and other
reasonable restrictions. Any restriction shall be consistent with the intent of the city council
that a waiver to the antenna owner be granted only when necessary to permit the satellite
television antenna to acquire usable satellite signal or to allow the licensee to exercise the
rights granted by Federal Communications Commission license after consideration of
aesthetic harmony of the community. The process employed should involve the interaction
of the licensee or owner and the neighborhood. Certain issues have been preempted by
federal law and shall not be considered by the hearing examiner. Such issues include, but
are not limited to, the impacts of electromagnetic radiation, the potential interference of
the amateur radio facility with electronic devices in the neighborhood and any other matter
preempted by federal law or regulation. Impact on view and on the values of neighboring
properties may be considered in imposing reasonable conditions but shall not be a basis
for denial of a permit to construct the antenna.
4. The application fee and notification for consideration of the waiver by an owner of a
satellite television antenna shall be the same as that provided for processing a variance. No
fee shall be charged to the holder of a valid FCC amateur radio license.
20
Packet Pg. 53
2.1.b
DRAFT ADU CODE UPDATE —1337 v.8
5. In the event that an applicant for waiver is also obligated to undergo architectural
design review, the architectural design board shall defer any issues relating to the antenna
and/or other amateur radio equipment to the hearing examiner. The hearing examiner
may, at his or her discretion, request the architectural design board review and comment
regarding required screening and landscaping and its integration into sight and
landscaping plans. No additional fee shall be required of the applicant upon such referral.
G. The provisions of subsections (D), (E) and (F) of this section shall be interpreted in
accordance with the regulations of the Federal Communications Commission including but not
limited to PRE-1. In the event of ambiguity or conflict with any of the apparent provisions of this
section, the provisions of federal regulations shall control. [Ord. 3736 §§ 8, 9, 2009; Ord. 3728 § 3,
2009; Ord. 3547 § 1, 2005].
117I.40.020 Nonconforming building and/or structure.
A. Definition. A nonconforming building is one which once met bulk zoning standards and the
site development standards applicable to its construction, but which no longer conforms to
such standards due to the enactment or amendment of the zoning ordinance of the city of
Edmonds or the application of such ordinance in the case of a structure annexed to the city.
Subject to the other provisions of this section, an accessory building that is not an accessory
dwelling unit shall be presumptively nonconforming if photographic or other substantial
evidence conclusively demonstrates that the accessory building existed on or before January 1,
1981. In the case of a property that was annexed afterjanuary 1, 1981, then the date shall be
that of the effective date of the annexation of the city of Edmonds. Such presumption may be
overcome only by clear and convincing evidence.
B. Continuation. A nonconforming building or structure may be maintained and continued,
unless required to be abated elsewhere in this chapter or section, but it may not be changed or
altered in any manner which increases the degree of nonconformity of the building except as
expressly provided in subsections (C) through-(J)@ of this section.
C. Historic Buildings and Structures. Nothing in this section shall prevent the full restoration by
reconstruction of a building or structure which is either listed on the National Register of
Historic Places, the Washington State Register of Historic Places, the Washington State Cultural
Resource Inventory, or the Edmonds Register of Historic Places, or is listed in a council -
approved historical survey meeting the standards of the State Department of Archaeology and
Historic Preservation. "Restoration" means reconstruction of the historic building or structure
21
Commented [HR12]: Per HB 1337, a city or a cou
allow detached accessory dwelling units to be convE
from existing structures, including but not limited tc
detached garages, even if they violate current code
requirements for setbacks or lot coverage
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Packet Pg. 54
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DRAFT ADU CODE UPDATE —1337 v.8
with as nearly the same visual design appearance and materials as is consistent with full
compliance with the State Building Code and consistent with the requirements of Chapter 20.45
ECDC, Edmonds Register of Historic Places. The reconstruction of all such historic buildings and
structures shall comply with the life safety provisions of the State Building Code.
D. Maintenance and Alterations.
1. Ordinary maintenance and repair of a nonconforming building or structure shall be
permitted.
2. Solar Energy Installations on Buildings That Exceed Existing Height Limits. A rooftop solar
energy installation mounted on a nonconforming building that exceeds the existing height
limit may be approved as a Type II staff decision if:
a. The installation exceeds the existing roof height by not more than 36 inches.
b. The installation is designed and located in such away as to provide reasonable
solar access while limiting visual impacts on surrounding properties.
3. Alterations which otherwise conform to the provisions of the zoning ordinance, its site
development and bulk standards, and which do not expand any nonconforming aspect of
the building, shall be permitted.
4. In an effort to provide modular relief, minor architectural improvements in commercial
and multifamily zones may encroach into the nonconforming setback adjacent to an access
easement or public right-of-way not more than 30 inches. Minor architectural
improvements may also be permitted in nonconforming side or rear yard setbacks only if
they intrude not more than 30 inches nor one-half of the distance to the property line,
whichever is less. "Minor architectural improvements" are defined as and limited to bay
windows, eaves, chimneys and architectural detail such as cornices, medallions and
decorative trim. Such improvements shall be required to obtain architectural design
review. Nothing herein shall be interpreted to exempt such improvements in compliance
with the State Building and Fire Codes.
5. Alterations required by law or the order of a public agency in order to meet health and
safety regulations shall be permitted.
E. Relocation. Should a nonconforming building or structure be moved horizontally for any
reason for any distance, it shall thereafter come into conformance with the setback and lot
22
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2.1.b
DRAFT ADU CODE UPDATE —1337 v.8
coverage requirements for the zone in which it is located. Provided, however, that a building or
structure may be moved on the same site without full compliance if the movement reduces the
degree of nonconformity of the building or structure. Movement alone of a nonconforming
building or structure to lessen an aspect of its nonconformity shall not require the owner
thereof to bring the building or structure into compliance with other bulk or site development
standards of the city applicable to the building or structure.
F. Restoration.
1. If a nonconforming building or structure is destroyed or is damaged in an amount equal
to 75 percent or more of its replacement cost at the time of destruction, said building shall
not be reconstructed except in full conformance with the provisions of the Edmonds
Community Development Code. Determination of replacement costs and the level of
destruction shall be made by the building official and shall be appealable as a Type II staff
decision under the provisions of Chapter 20.06 ECDC. Damage of less than 75 percent of
replacement costs may be repaired, and the building returned to its former size, shape and
lot location as existed before the damage occurred, if, but only if, such repair is initiated by
the filing of an application for a building permit which vests as provided in ECDC
19.00.025(G) et seq. within 18 months of the date such damage occurred. The director may
grant a one-time extension of up to 180 days if a written extension request has been
received from the applicant prior to the expiration of the initial 18 months.
2. Residential Buildings. Existing nonconforming buildings in use solely for residential
purposes, or structures attendant to such residential use, may be reconstructed without
regard to the limitations of subsections IEl and a of this section, if, but only if, the
following conditions are met:
a. If a nonconforming multifamily residential building or a mixed use building
containing multiple residential units is damaged in excess of 75 percent of its
replacement cost at the time of destruction, the building may be restored to the same
density, height, setbacks or coverage as existing before the destruction or damage
occurred if, but only if, an application for a building permit which vests as provided in
ECDC 19.00.025(G) et seq. is filed within 18 months of the date the damage occurred.
The director may grant a one-time extension of up to 180 days if a written extension
request has been received from the applicant prior to the expiration of the initial 18
months.
23
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DRAFT ADU CODE UPDATE —1337 v.8
b. All provisions of the State Building and Electrical Codes can be complied with
entirely on the site. No nonconforming residential building may be remodeled or
reconstructed if, by so doing, the full use under state law or city ordinance of a
conforming neighboring lot or building would be limited by such remodel or
reconstruction.
c. These provisions shall apply only to the primary residential use on site and shall not
apply to nonconforming accessory buildings or structures.
d. A nonconforming residential single-family building maybe rebuilt within the
defined building envelope if it is rebuilt with materials and design which are
substantially similar to the original style and structure after complying with current
codes. Substantial compliance shall be determined by the city as a Type II staff
decision. The decision of the hearing examiner shall be final and appealable only as
provided in ECDC 20.06.150.
3. The right of restoration shall not apply if:
a. The building or structure was damaged or destroyed due to the unlawful act of the
owner or the owner's agent;
b. The building is damaged or destroyed due to the ongoing neglect or gross
negligence of the owner or owner's agents; or
c. The building was demolished for the purpose of redevelopment.
G. Accessory Dwelling Units. A preexisting nonconforming detached accessory building may be
converted into an accessory dwelling unit provided it meets the standards in ECDC 16.20.050(F)
and G . -Minor exterior modifications required for conversion into conditioned space or other
minor exterior modifications required by the International Residential Code adopted by ECDC
Title 19 may be permitted. 'Minor exterior modifications' include, but are not limited to, egress
windows, exhaust vents, and other minor modifications that are required for health and safety
as determined by the Building Official.
G- H. Subject to the other provisions of this section, an accessory building that is not an
accessory dwelling unit shall be presumptively nonconforming if photographic or other
substantial evidence conclusively demonstrates that the accessory building existed on or before
January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date
24
Packet Pg. 57
2.1.b
DRAFT ADU CODE UPDATE —1337 v.8
shall be that of the effective date of the annexation to the city of Edmonds. Such presumption
may be overcome only by clear and convincing evidence.
k-l. BD5 Zone. The BIDS zone was created in part to encourage the adoption and reuse of
existing residential structures for live/work and commercial use as set forth in ECDC
16.43.030(B)(5). In the BIDS zone, conforming and nonconforming buildings may be converted
to commercial or other uses permitted by ECDC 16.43.020 without being required to come into
compliance with the ground floor elevation requirements of ECDC 16.43.030(B).
1—LThe antenna and related equipment of a nonconforming wireless communication facility
may be completely replaced with a new antenna and related equipment; provided, that, upon
replacement, the applicant shall use the best available methods and materials to enhance the
appearance of the antenna and related equipment and/or screen it from view in a manner that
improves the visual impact or the conspicuity of the nonconformity. [Ord. 4154 § 6 (Att. D), 2019;
Ord. 4151 § 2 (Att. A), 2019; Ord. 3961 § 3, 2014; Ord. 3866 § 2, 2011; Ord. 3781 § 1, 2010; Ord. 3736 §§ 13, 14,
2009; Ord. 3696 § 1, 2008].
25
Commented [MC13]: Old code that is no longer
part of this update.
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DRAFT ADU CODE UPDATE —1337 v.8
17.50.020 Parking space requirements.
[Refer to ECDC 17.50.010(C) and 17.50.070 for standards relating to the downtown business
area.]
A. Residential.
1. Single-family and multifamily.
a. Single-family dwellings: two spaces per principal dwelling unit, except:
b. Multiple residential according to the following table:
Required parking
Type of multiple
spaces per dwelling
dwelling unit
unit
Studio
1.2
1 bedroom
1.5
2 bedrooms
1.8
3 or more
2.0
bedrooms
2. Boarding house: one space per bed.
3. Rest home, nursing home, convalescent home, residential social welfare facilities: one
space per three beds.
B. Business.
26
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DRAFT ADU CODE UPDATE —1337 v.8
1. Retail stores, including art galleries, convenience stores, department stores, discount
stores, drug stores, grocery stores, supermarkets: one space per 300 square feet;
2. Furniture, appliances, and hardware stores: one space per 600 square feet;
3. Services uses, including barber shops, beauty shops, dry cleaners, laundries, repair
shops: one space per 600 square feet;
4. Medical, dental and veterinarian offices, banks and clinics: one space per 200 square
feet;
5. Business and professional offices with on -site customer service: one space per 400
square feet;
6. Offices not providing on -site customer service: one space per 800 square feet;
7. Bowling alley: four spaces per bowling lane;
8. Commercial recreation: one space per 500 square feet, or one space for each customer
allowed by the maximum permitted occupant load;
9. Car repair, commercial garage: one space per 200 square feet;
10. Drive-in restaurants, automobile service station, car dealer, used car lot: one space per
500 square feet of lot area;
11. Restaurant, tavern, cocktail lounge: if less than 4,000 square feet floor area, one per
200 square feet gross floor area; if over 4,000 square feet floor area, 20 plus one per 100
square feet gross floor area in excess of 4,000 square feet;
12. Plant nurseries (outdoor retail area): one space per five square feet of outdoor retail
area;
13. Motels and hotels: one space per room or unit;
14. Retail warehouse, building materials yard: one space per 1,000 square feet of lot area
or one per three employees;
15. Manufacturing, laboratories, printing, research, automobile wrecking yards, kennels:
one space per two employees on largest shift;
27
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2.1.b
DRAFT ADU CODE UPDATE —1337 v.8
16. Mortuary: one space per four fixed seats or per 400 square feet of assembly area,
whichever is greater;
17. Marina: to be determined by the hearing examiner, using information provided by the
applicant, and the following criteria:
a. The type of storage facility (moorage, dry storage, trailer parking) and intended use
(sailboats, fishing boats, leisure boats),
b. The need to accommodate overflow peak parking demand from other uses
accessory to the marina,
c. The availability and use of public transit;
18. Storage warehouse: one space per employee;
19. Wholesale warehouse: one space per employee;
20. Adult retail store: one space per 300 square feet;
21. Sexually oriented business (except adult retail store): one space for each customer
allowed by the maximum permitted occupant load.
C. Community Facilities.
1. Outdoor places of public assembly, including stadiums and arenas: one space per eight
fixed seats, or per 100 square feet of assembly area, whichever is greater;
2. Theaters: one space per five seats;
3. Indoor places of public assembly, including churches, auditoriums: one space per four
seats or one space per 40 square feet of assembly area, whichever is greater;
4. Elementary schools, junior high schools, boarding schools (elementary through senior
high), residential colleges and universities: six spaces per classroom, or one space per
daytime employee, whichever is greater;
5. Nonresidential colleges and universities: one space per daytime employee;
6. High schools (senior): one space per daytime employee;
7. Museums, libraries, art galleries: one space per 250 square feet;
28
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2.1.b
DRAFT ADU CODE UPDATE — 1337 v.8
8. Day-care centers and preschools: one space per 300 square feet, or one per employee,
plus one per five students, whichever is larger;
9. Hospitals: three spaces per bed;
10. Maintenance yard (public or public utility): one space per two employees.
D. Electric Vehicle (EV) Charging Infrastructure Parking Standards. See Chapter 17.115 ECDC for
parking standards relating to electric vehicle (EV) charging infrastructure. [Ord. 4251 § 2 (Exh. A),
2022; Ord. 3496 § 2, 2004].
20.01.003 Permit type and decision framework.
A. Permit Types.
TYPE I
TYPE II -A
TYPE II-B
TYPE III -A
TYPE III -
B
TYPE IV
TYPE V
Zoning
Accesser
Contingent
Essential
Site specific
complianc
dwelling it
critical area
public
rezone
e letter
review
facilities
Lot line
Formal
Shoreline
Technological
Development
Zoning text
adjustment
interpretatio
substantial
impracticality
agreements
amendment;
n of the text
development
waiver for
area -wide
of the ECDC
permit,
amateur
zoning map
bythe
where public
radio
amendments
director
hearing not
antennas
required per
ECDC
24.80.100
29
Commented [MC14]: ADUs will no longer requirc
conditional use permit but rather a building permit
to a single family residence.
Packet Pg. 62
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DRAFT ADU CODE UPDATE — 1337 v.8
30
Commented [MC15]: Moved to ECDC 16.20 and
consistent with FIB 1337 and best practices
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DRAFT ADU CODE UPDATE — 1337 v.8 C
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commupity development code shall submit an applicatiORcontainingall of the
information required by ECDC Title 70a ,ell as the following information-
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that the the dwelliRg is
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the aGEessery dwelling unit or the primary dwel"Rg by the current A-viner of the property,
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regy rerneRtS ef subsect'GR (A)(!) of this sectien. covenont shall also require aRy GwRe
of theproperty to notify a ectiye hi iye of the limitations of this chanter andto
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previde removal.. added thepremises an
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dwelling 61Rit and the re-4-o-ration ef the site to a single family dwel"ng the event that an
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3If thepermit lances or the 6ise ceases, at the request of the applicant, the city shallrpc
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B. Ping Fee. All applications for an accessory dwelling unit permit Shall be accompanied by the
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filing fee for the permit and an amAwnt tQ pay the reCE)FddRg fee of the CAV(QR@At vlith
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DRAFT ADU CODE UPDATE -1337 v.8 O
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accessory dwelling unitconditional use permit O
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should he approved. (Orr! 3294 s 1 2009
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accessory dwell.ng unit as a place of rLQs;mdpncp s; first obtain . The permit shall be reviewed A6 Permit Requir-ed-. Any persen who occupies er permits anether persGn to occupy an attached
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and processed a a Tyne II dericinn (Staff rlecicinn _ Netice required).
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B. Number- 4 Units. A SiRgle family dwelling may have no mere than one accessery dwelliRg
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flogr aroa Qf the principal dwelling, (2) ROF more than 900 SqUar@ feet, (3) Ror havp morta than
C V7p In no casp qhall an accessory dwelling unit be (1) larger than 40 percent of the livabip
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two bedroorns; provided, if the accessory dWelling LARit is completely located OR a SiRgle flGGr,
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the planning manager ma" alln,n, inrre aced! c n to 50 percent of thefloor a of the
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design of the accessory dwelling unit shall be incorporated the design of the
principal
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dwelhng unit and shall be designed to rnawnta6n the architectural design, style, appearance and
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colors,ch:iractpr Q- f the rRa'n building as a single family resideRce USiRg matching materials,
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'Qt Of thp dwelling is for
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dwelling unit found in Chapter 20.221 EC Accessory dwelling units; m, ist be located within Ar
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attached to single family dwelling units.
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E. PGr-king. One o# street parking space in addkiGR to the paFkiRg spaGeS RE)rFRaliy required fOr
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the prindpal dwelliRg shall be required to be provided for the accessery dwelliRg uRit, but iR Re
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DRAFT ADU CODE UPDATE -1337 v.8 C
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F. OccupGney. Either the primary dwelling or the accessory dwelling unit shall be owner- O
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at the site, aS eVideRced by voter registration, vehicle registration, or sirnilaF
, andactually resides at the 5;'tp rngrp than s;N months; A' t of any giveR year, and at no time rpGpilfPs;
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L 'tataRyt'me dwriRgthe peRdencyof theADIJ permit; aRys6ich rental shall void the permit.
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The owner(s) shall REA rent aRy POFt!GR of the GWReF occupied either during the 'o
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in np Pvpnt droll then ntc of thn In+ Pxrppd one family as rlofinnrl in thic r•nrin
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with all applicable requiremeRt's ef the U.n.iform He6ising Code and the Uniform Build'Rg Cede
adopted by ECDC Titlea 19 and shall comply on all respects with the provisions of the rdrnqnds;
Cornrn6lRlty Development Code. Ne permit fer an accessory dwelkng unk shall be Ws;s;- led to a
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curreRtprevisio-R-softhisr-Ade [Ord..260s 2 (E h n) 2022; Ord. 3736 s 53 2nna• Ord. 3294 5 2090i
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20.21.040 No ntra ncferability.
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A perFn*tfGF aRaccessory dwelling unit shall Rot hiz tran,;f4pr;;ble te any site ether th-an the
subject site described iR the I' t' [Ord. 3294 s 1 2000]
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A. AR appkcatie.n for an accessory dwelliRg LlRltwhich meets the appropriate crkpro; c;pnt;anpd
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floor area required to bring the preexisting unit into compliance *s impractical to achieve
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B, The winit complies with the minimurn requirerntanN of thp Uniform Housing Code. . 3294
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DRAFT ADU CODE UPDATE — 1337 v.8
20.35.020 *pplicability.�
A. Planned residential developments (PRDs) may be located in any residential zone of the city
Uses permitted in the PRD shall be governed by the use regulations of the underlying zoning
classification.
1. PRDs in single-family zones shall be comprised of detached dwelling units on individual
lots, and any appurtenant common open space, recreational facilities or other areas or
facilities.
a. The PRD process is not available to single-family lots that are incapable of further
subdivision.
b. The PRD process shall not be used to reduce any bulk or performance standard not
specifically referenced herein. Bulk standards not referenced may be varied only in
accordance with Chapter 20.85 ECDC, Variances, or through the modification provision
provided through the subdivision process as outlined in Chapter 20.75 ECDC.
B. Property included in a PRD application must be under the ownership of the applicant, or the
applicant must be authorized pursuant to a durable power of attorney or other binding
contractual authorization in a form which may be recorded in the land records of Snohomish
County to process the application on behalf of all other owners.
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Commented [MCI 6]: The PRD code currently prc
ADUs. That restriction is proposed to be eliminated
PRD is just another type of single family residential
subdivision. As long as the PRD lot can meet the AD
requirements proposed in ECDC 16.20.050, it could
ADU.
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DRAFT ADU CODE UPDATE —1337 v.8
C. Accessory dwelling units and " Home use occupations restricted by ECDC 20.20.010(B)
01 5(D) shall not be permitted within a PRD. [ord. 3465 § 1, 20031.
21.05.015 Accessory dwelling unit,, attached
An att child accessory dwelling unit is a sstructure attached- to or constructed ,.,,thin a ngle-
famii dWelIiRg (ADU) is a subordinate dwelling unit added to, created within, or detached from
a principal dwelling unit, providing independent living facilities that include permanent
provisions for living sleeping, eating, cooking and sanitation. Accessory dwelling unit does not
include recreational vehicles or mobile homes. ^high has; ii"in^ f,^iitios; for nno inai.,ia,,,i nr
ngle tarn'" herne [Ord. 3294 § 2, 2000].
21.30.010 Family.
A. Family means individuals related or unrelated by genetics, adoption, or marriage 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 Chapter 70.128 RCW;
2. State licensed foster family homes and group care facilities as defined in RCW
74.15.180, subject to the exclusion of subsection u 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(1)(c), group homes licensed forjuvenile 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.
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DRAFT ADU CODE UPDATE —1337 v.8
D. E—Nothing herein shall be interpreted to limit normal hosting activities associated with
residential use. [Ord. 4260 § 4 (Exh. A), 2022; Ord. 3571 § 1, 2005; Ord. 3184 § 1, 1998].
21.35.013 Gross Floor Area.
An interior habitable area of an accessory dwelling unit, including basements and attics but not
including unconditioned space, such as a garage or non -habitable accessory structures.
21.80.075 Principal dwelling unit
Primary housing unit located on the same lot as an accessory dwelling unit.
21.90.080 Single-family dwelling (unit).
Single-family dwelling (and single-family dwelling unit) means a detached building 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. .n additienal ^ ailbAx can he added to the 'At
12. MMWMMI- M"INryMsMLbT .1.�yI:11i1.Y13!J� 1
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Commented [RH17]: Consistent with RCW 36.70,
Commented [RH18]: Consistent with RCW 36.70
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