Ordinance 32940006.900000
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07/15/98
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ORDINANCE NO. 3294
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 20.21 ACCESSORY
DWELLING UNITS TO CLARIFY, EXPAND AND WHERE
APPROPRIATE LIMIT PROVISIONS OF THE EXISTING
CHAPTER TO BETTER COMPORT WITH THE UTILIZATION
AND PURPOSE OF ACCESSORY DWELLING UNITS OF THE
EDMONDS COMMUNITY CODE, AMENDING THE
PROVISIONS OF CHAPTER 21.05 OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE TO REPEAL SECTION
21.05.015 ACCESSORY DWELLING UNIT AND ENACT TWO
NEW DEFINITIONS, 21.05.015 ACCESSORY DWELLING
UNIT, ATTACHED PROVIDING FOR A ONE -YEAR REVIEW
AND REPORT OF THE EFFECTIVENESS OF THE NEW
ORDINANCE AND THE REQUIREMENT FOR
MODIFICATION FROM THE EDMONDS PLANNING
BOARD, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, the City enacted provisions regarding accessory dwelling units by
Ordinance No. 2352 in 1983 and amended those code provisions from time to time; and
WHEREAS, the Planning Board has considered the purpose and impact of the
accessory dwelling units on its neighborhoods and recommended certain changes in order to
better accomplish the purposes of the ordinance, to -wit, to make it possible for adult children to
take care of and provide support to parents or other relatives in need of assistance, to provide
increased security and companionship for homeowners, to provide an opportunity for
homeowners to gain extra income necessary to help meet the rising costs of home ownership;
and
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WHEREAS, in order to assure compliance of the Americans With Disabilities
Act, an additional purpose would be to accommodate and otherwise provide for the care of
disabled persons within their own homes and/or family units; and
WHEREAS, accessory dwelling units permit the City to accept density in
accordance with the Growth Management Act and the requirements of Snohomish County while
preserving the neighborhood and community feel of the City of Edmonds, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code is hereby amended
by the repeal and reenactment of Chapter 20.21 Accessory Dwelling Units to provide as follows:
Chapter 20.21
ACCESSORY DWELLING UNITS
Sections:
20.21.000
Purpose
20.21.020
Density limitation - Limitation on total occupancy
20.21.025
Application and filing fee
20.21.030
Criteria for attached accessory dwelling units
20.21.040
Nontransferrability
20.21.050
Pre - Existing Accessory Dwelling Units
20.21.060
Permit conditions
20.21.070
Limitation on concentration of permits
20.21.000 Purpose.
The purpose of this chapter is to regulate the establishment of
accessory dwelling units within or in conjunction with single -
family dwellings while preserving the character of single - family
neighborhoods. The primary purpose of this chapter shall be to
permit establishment of additional living quarters within single -
family residential neighborhoods in order to (1) make it possible
for adult children to provide care and support to a parent or other
relatives in need of assistance, or (2) provide increased security
and companionship for homeowners, or (3) provide the
opportunity for homeowners to gain the extra income necessary to
help meet the rising costs of home ownership, or (4) to provide for
the care of disabled persons within their own homes.
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20.21.020 Density limitation - Limitation on Total
Occupancy.
Except as provided in ECDC 20.21.030(F) for the accommodation
of the disabled, no subject site shall be occupied by more than one
family as defined in ECDC 21.30.010. This limitation shall be
interpreted to accomplish its purpose, which is to insure that the
approval of an accessory dwelling unit shall not increase the
overall density of a single - family residential neighborhood.
20.21.025 Application and Filing Fee.
A. Application. Any person desiring approval of an
accessory dwelling unit as defined by the community development
code shall submit an application containing all of the information
required by Chapter 20 ECDC as well as the following
information:
1. An affidavit, signed by the property owner
before a notary public, affirming that the owner occupies either the
main building or the accessory dwelling unit for more than six
months of the year.
2. A covenant in a form acceptable to the city
attorney and suitable for recording with the county auditor,
providing notice to future owners or long -term lessors of the
subject site that the existence of the accessory dwelling unit is
predicated upon the occupancy of either the accessory dwelling
unit or the primary dwelling by the current owner of the property.
and that the current owner must have a signed affidavit on file with
the, city meeting the requirements of ECDC 20.21.025.A. 1. The
covenant shall also require any owner of the property to notify a
prospective buyer of the limitations of this chapter and to provide
for the removal of improvements added to convert the premises to
an accessory dwelling unit and the restoration of the site to a
single - family dwelling in the event that any condition of approval
is violated.
3. If the permit lapses or the use ceases, at the
request of the applicant the city shall record at its expense notice
that the covenant and permit are void and without further effect.
B. Filing Fee. All applications for an accessory
dwelling unit permit shall be accompanied by the filing fee for the
permit and an amount sufficient to pay the recording fee of the
covenant with the Snohomish County auditor in the event the
accessory dwelling unit permit should be approved.
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20.21.030 Criteria for Attached Accessory Dwelling Units.
A. Permit required. Any person who occupies or
permits another person to occupy an attached accessory dwelling
unit as a place of residence shall first obtain a permit. The permit
shall be reviewed and processed in accordance with the
requirements of Chapter 20.95 and ECDC 20.95.040, Staff
Decision - Notice Required.
B. Number of Units. A single - family dwelling may
have no more than one (1) accessory dwelling unit per lot.
C. Size. In no case shall an accessory dwelling unit be
(i) larger than 40 percent (40 %) of the livable floor area of the
principal dwelling, (ii) nor more than 800 square feet, (iii) nor have
more than 2 bedrooms; provided, if the accessory dwelling unit is
completely located on a single floor, the Planning Manager may
allow increased size up to 50% of the floor area of the principal
dwelling in order to efficiently use all floor area, so long as all
other standards set forth in this chapter are met.
D. Location and Appearance. The single - family
appearance and character of the residence shall be maintained
when viewed from the surrounding neighborhood. The design of
the accessory dwelling unit shall be incorporated into the design of
the principal dwelling unit and shall be designed to maintain the
architectural design, style, appearance and character of the main
building as a single family residence using matching materials,
colors, window style, and roof design. The primary entrance to the
accessory dwelling unit shall be located in such a manner as to be
unobtrusive when viewed from the street. Whenever possible, new
entrances should be placed at the side or rear of the building. Only
one electric and one water -meter shall be allowed for the entire
building, serving both the primary residence and the accessory
dwelling unit. Accessory dwelling units must be located within or
attached to single - family dwelling units.
E. Parking. One off - street parking space in addition to
the parking spaces normally required for the principal dwelling
shall be required to be provided for the accessory dwelling unit,
but in no event less than three spaces per lot.
F. Occupancy. Either the primary dwelling or the
accessory dwelling shall be owner - occupied. "Owner- occupied"
shall mean a property owner who makes his or her legal residence
at the site, as evidenced by voter registration, vehicle registration,
or similar means, and actually resides at the site more than six
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months out of any given year, and at no time receives rent for the
owner - occupied unit. The owner(s) shall not rent the designated
owner- occupied unit at any time during the pendency of the ADU
permit; any such rental shall void the permit. The owner(s) shall
not rent any portion of the owner -- occupied residence either during
the owner(s)' occupancy or while the owner is absent from the
owner- occupied unit for any period. In no event shall the total,
number of occupants exceed one family as defined in this code,
provided, however, that if the accessory dwelling unit is occupied
by a nurse or other caregiver assisting a disabled person who is an
occupant of the principal residence, or the, principal residence is
occupied by a nurse /caregiver and the accessory dwelling unit is
occupied by a disabled person under the nurse's care, the
occupancy limit of one family may be increased by one additional
unrelated person to a total of one family related by genetics,
adoption or marriage plus one unrelated person, or a total of six
unrelated persons. In no event shall the total number of occupants
exceed one family as defined in this code.
G. Safety, Light, Ventilation, Floor Area and Similar
Factors. Accessory dwelling units shall comply with all applicable
requirements of the Uniform Housing Code and the Uniform
Building Code adopted by ECDC Title 19 and shall comply in all
respects with the provisions of the Edmonds Community
Development Code. No permit for an accessory dwelling unit
shall be issued to a nonconforming structure unless that structure is
brought into conformance with the then current provisions of the
Edmonds Community Development Code.
20.21.040 Nontransferrability.
A permit for an accessory dwelling unit shall not be transferable to
any site other than the subject site described in the application.
20.21.050 Pre - Existing Accessory Dwelling Units.
That portion of a single family residence which meets the
definition of accessory dwelling unit which was in existence prior
to (date of adoption of this ordinance), may continue in existence
provided the following requirements are met:
A. An application for an accessory dwelling unit which
meets the appropriate criteria contained in 20.21.030 is submitted
within one year of (date of adoption). The Planning Manager may
waive the size limitations contained in 20.21.030 if he or she finds
that the reduction of floor area required to bring the pre- existing
unit into compliance is impractical to achieve.
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B. The unit complies with the minimum requirements
of the Uniform Housing Code.
20.21.060 Permit Conditions.
In addition to any conditions imposed during the permit approval
process, permits for accessory dwelling units shall state and are
expressly subject to the condition that such a permit shall expire
automatically whenever:
A. The accessory dwelling unit is substantially altered
and is thus no longer in conformance with the plans and drawings
reviewed and approved by the permitting authority and building
official.
B. The subject site ceases to maintain the required
number of parking spaces.
C. The property owner ceases to reside in either the
primary residence or the accessory dwelling unit, the owner-
occupied unit is rented, or the current owner fails to file the
affidavit required under ECDC 20.21.025.A.1.
Section 2. The Edmonds Community Development Code, Chapter 21.05 is
hereby amended by the repeal of Section 21.05.015 Accessory Dwelling; Unit and the enactment
of new Section 21.05.015 Accessory Dwelling Unit, Attached and to read as follows:
21.05.015 Accessory Dwelling Unit, Attached.
An attached accessory dwelling unit is a structure attached to or
constructed within a single - family dwelling which has living
facilities for one individual or family separate from the primary
single - family dwelling including at least, but not limited to, a
kitchen, bathroom and sleeping quarters. An ADU shall not have
its own mailbox, water meter, gas meter, and all garbage must be
kept within a screened area in common to the single - family home.
Section 3. The Planning Board is hereby requested and directed to review the
provisions of Chapter 20.21 and make its report on the impact and effects of the ordinance and
provide its recommendations regarding whether any further modification is appropriate. Such
review shall commence on or about one year from the date of enactment of this ordinance and
shall be provided to the City Council in approximately the month of January, 2001.
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Section 4. SeverabilitX. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 5. Effective Date. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject to referendum, and shall take
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
APPROVED:
M OR G HAAKENSON
ATTEST /AUTHENTICATED:
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'CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF T E AT eTQ RN E Y:
BY
FILED WITH THE CITY CLERK: 01/28/2000
PASSED BY THE CITY COUNCIL: 02/01/2000
PUBLISHED: 02/09/2000
EFFECTIVE DATE: 02/14/2000
ORDINANCE NO. 3294
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SUMMARY OF ORDINANCE NO. 3294
of the City of Edmonds, Washington
On the 1st day of February, 2000, the City Council of the City of Edmonds, passed
Ordinance No. 3294. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER
20.21 ACCESSORY DWELLING UNITS TO CLARIFY, EXPAND AND WHERE
APPROPRIATE LIMIT PROVISIONS OF THE EXISTING CHAPTER TO BETTER
COMPORT WITH THE UTILIZATION AND PURPOSE OF ACCESSORY DWELLING
UNITS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, AMENDING THE
PROVISIONS OF CHAPTER 21.05 OF THE EDMONDS COMMUNITY DEVELOPMENT
CODE TO REPEAL SECTION 21.05.015 ACCESSORY DWELLING UNIT AND ENACT
TWO NEW DEFINITIONS, 21.05.015 ACCESSORY DWELLING UNIT. ATTACHED,
PROVIDING FOR A ONE -YEAR REVIEW AND REPORT OF THE EFFECTIVENESS OF
THE NEW ORDINANCE AND THE REQUIREMENT FOR MODIFICATION FROM THE
EDMONDS PLANNING BOARD, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of February, 2000.
,d. Z'W."
CITY CLERK, SANDRA S. CHASE
Iwss418922.DOC;1/00006.900000/) 8
Affidavit of Publication
STATE OF WASHINGTON, s�
COUNTY OF SNOHOIViISH,
On the 1st day o nary,- -i a ity ouncil of the City of
The undersigned, being first duly sworn on oath deposes and says
Edmonds, passed Ordinance No. 3294. A summary of the content of
said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE
that she is Principal Clerk of THE HERALD, a daily newspaper
CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 20.21 ACCESSORY DWELLING UNITS
CLARIFY,' EXPAND AND MIT
P rinted and published in the City of Everett, County of Snohomish,
COMPORTN WIDTH THE UTILIZATIONH AND RPURPOSE �OF
and State of Washington; that said newspaper is a newspaper of
ACCESSORY DWELLING UNITS OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE, AMENDING THE
I PROVISIONS
general circulation in said County and State; that said newspaper
OF CHAPTER 21.05 OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE TO REPEAL SECTION
21.05.015 ACCESSORY DWELLING UNIT AND ENACT TWO
has been approved as a legal newspaper by order of the Superior
NEW DEFT , 1. GESSORY DWELLING UNIT I ATTACHED, PROVIDING FOR
Court of Snohomish County and that the notice ......... ...............................
RSPOMrOF THE EFFECTIVENESS OF THE.NEW ORDINANCE
AND THE REQUIREMENT FOR MODIFICATION FROM THE
EDMONDS PLANNING BOARD, AND FIXING A TIME WHEN THE
Summary of Ordinance NO . 3294
Y
SAME SHALL BECOME EFFECTIVE.
.....
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of February, 2000.
Published: February 9, 2000.ITY CLERK, SANDRA S. CHASE
City of Edmonds
....................................................................................................... ...............................
..................................... ............................... ................................... ...............................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
February 9, 2000
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residing at Everett, Snoho sh Co ty.
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