Loading...
Ordinance 2352MAE:jt 2/2/83 ORDINANCE NO. 2352 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, ADDING A NEW CHAPTER 20.21, SECTIONS .000 THROUGH .040 TO THE EDMONDS COMMUNITY DEVELOPMENT CODE REGULATING ACCESSORY DWELLING UNITS; AMENDING SECTION 16.20.010(D) OF THE COMMUNITY DEVELOPMENT CODE TO CONDITIONALLY PERMIT ACCESSORY DWELLING UNITS IN SINGLE FAMILY RESIDENTIAL ZONES; AMENDING SECTION 17.50.020(A) OF THE COMMUNITY DEVELOPMENT CODE TO REQUIRE THREE OFF-STREET PARKING SPACES FOR SINGLE FAMILY DWELLINGS WITH ACCESSORY DWELLING UNITS; AND ADDING A NEW SECTION 21.05.015 TO THE COMMUNITY DEVELOPMENT CODE DEFINING THE TERM "ACCESSORY DWELLING UNIT." WHEREAS, a public hearing was held before the Planning Board, after proper notice was given, to receive comments from the public regarding the regulation of accessory dwelling units in single family residential zones, and WHEREAS, the Planning Board recommended to the City Council that accessory dwelling units be permitted in single family residential zone as a secondary use requiring a condi- tional use permit and subject to various criteria and regulations, and WHEREAS, the City Council finds that there is a need for accessory dwelling units in single family homes and that such use will not detrimentally affect the character of single family neighborhoods, and WHEREAS, the City Council finds it appropriate to require Hearing Examiner review of proposed accessory dwelling unit and the imposition of conditions necessary to insure that the impacts on the surrounding neighborhood will not be adverse and that such accessory dwelling units will be designed and constructed in a manner which will be safe and healthful for all inhabitants, now, therefore THE CITY COUNCIL OF THE CI`1'Y OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 20.21 is hereby added to the Community Development Code to be entitled "Accessory Dwelling Units." Section 2. A new Section 20.21.000 is hereby added to the Community Development Code to read as follows: 20.21.000 PURPOSE The purpose of this chapter is to regulate the establishment of accessory dwelling units within single family dwellings, while preserving the character of single family neighborhoods. Section 3. A new Section 20.21.005 is hereby added to the Community Development Code to read as follows: 20.21.005 CONDITIONAL USE PERMIT REQUIRED Any person who occupies or permits another person to occupy an accessory dwelling unit as a place of residence shall first obtain a conditional use permit. Section 4. A new Section 20.21.010 is hereby added to the Community Development Code to read as follows: 20.21.010 APPLICATION AND FILING FEE A. Application Any person desiring approval of an accessory dwelling unit as defined by this Code, shall submit an application containing all the information required by Chapter 20.95 of this Code as well as the following: - 2 - 1. Proof that the single family dwelling in which the accessory dwelling unit is to be built has been occupied for at least three years from the date the construction of such single family dwelling was completed. A notarized, sworn statement of the applicant that he or she has resided in such single family dwelling for at least three years since construction of such single family dwelling was completed, or a similar statement from a prior occupant or next -door neighbor may be acceptable proof. 2. A covenant, recorded with the Snohomish County Auditor at the applicant's expense, that the owner of the single family dwelling in which the accessory dwelling unit is to be built will continue to reside in such dwelling as long as the accessory dwelling unit is used as a separate dwelling unit, or, if the primary dwelling is to be rented, leased or otherwise conveyed, that the owner will live in the accessory dwelling unit. For the purposes of this Chapter, "owner" shall mean any person with a possessory interest in such single family dwelling by virtue of a deed, real estate contract or some other similar conveyance, however, not to include a lease or rental agreement. B. Filing Fee All applications for an accessory dwelling unit conditional use permits shall be accompanied by the filing fee for condi- tional use permit Hearing Examiner review as set forth in Chapter 15.00. Section 5. A new Section 20.21.020 is hereby added to the Community Development Code to read as follows: 20.21.020 HEARING EXAMINER REVIEW All applications for conditional use permits which contain the information and documentation required by this Chapter shall be submitted to the Hearing Examiner for review by the procedures set forth in Chapter 20.05 and Section 20.100.010 of this Code. The Hearing Examiner shall apply the criteria of this Chapter for accessory dwelling units and shall approve, approve with conditions, or deny such applications. Section 6. A new Section 20.21.030 is hereby added to the Community Development Code to read as follows: - 3 - 20.21.030 CRITERIA In addition to the criteria set forth in Section 20.05.010 all accessory dwelling units shall meet the following criteria: A. Existing Residence The single family dwelling in which such unit is to be built must have been occupied for at least three years since the date construction of that single family dwelling was completed. B. Area Used Accessory dwelling units must be located within or attached to single family dwelling units. In no case will an accessory dwelling unit be allowed in a detached structure such as a guest house or garage. C. Exterior Changes The single family appearance and character of the residence shall be maintained when viewed from the surrounding neigh- borhood. Whenever possible, new entrances should be placed on the side or rear of the building. Only one electric and water meter will be allowed for the entire building, serving both the primary residence and the accessory dwelling unit. D. Parking Three off-street parking spaces shall be provided for a single family residence with an accessory dwelling unit. E. Number of Units Only one accessory dwelling unit shall be approved for each single family dwelling. F. Occupancy The primary dwelling or the accessory dwelling unit shall be occupied by the owner of such residence or unit, excluding lessees and renters, so long as the accessory dwelling unit is used for dwelling purposes separate and distinct from the primary dwelling. G. Non -transferability The permit is not transferable to any other site than the site described in the application. - 4 - H. Safety, Light, Ventilation, Floor Area, etc. Accessory dwelling units shall comply, when such are applicable, with the requirements of the Uniform Building Code, Uniform Fire Code, National Life Safety Code as well as any other applicable uniform code adopted by the Community Development Code. section 7. A new Section 20.21.040 is hereby added to the Community Development Code to read as follows: 20.21.040 PERMIT CONDITIONS In addition to any conditions imposed by the Hearing Examiner, all approved conditional use permits for accessory dwelling units shall state and be subject to the conditions that such permit shall expire automatically whenever: 1. The accessory dwelling unit is substantially altered and thus is no longer in conformance with the plans and drawings reviewed and approved by the Hearing Examiner. 2. The primary residence with such an occupied unit ceases to have three or more off-street parking spaces. 3. The primary residence and the accessory dwelling unit are rented, leased or otherwise conveyed to a person other than the applicant whose name appears on the permit. Section 8. Section 16.20.010(D) of the Community Development Code is hereby amended to add a subsection (5) to read as follows: 5. Accessory dwelling units. Section 9. Section 17.50.020(A) of the Community Development Code is hereby amended to add a subsection (5) to read as follows: 5. Single family dwellings with accessory dwelling unit: three spaces total. Section 10. A new Section 21.05.015 is hereby added to the Community Development Code to read as follows: - 5 - 21.05.015 ACCESSORY DWELLING UNIT Accessory dwelling unit is a structure attached to or constructed within a single family dwelling that 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. Section 11. 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 constitu- tionality of any other section, sentence, clause or phrase of this ordinance. Section 12. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. - 6 - Section 13. Any violations of this ordinance shall constitute a misdemeanor subject to the penalties set forth in Section 5.45.020 of the Edmonds City Code. APPROVED: 1 MAYOR, H . H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRENW VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY C. 'Q�- tiC& FILED WIT$— HE CITY CLERK: February 3, 1983 PASSED BY THE CITY COUNCIL: February 8, 1983 POSTED: February 9, 1983 EFFECTIVE DATE: February 14, 1983 — 7 — AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 9 day of February , 1983, affiant posted true and correct copies of the attached Ordinance No. 2352, passed by the City Council on the 8 day of February , 19 83, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 9 day of February 1983• U SUBSCRIBED AND SWORN to before me this `% day of 1900 . ota"y Public in and for the State of Washington, residing at ��