Ordinance 27760006.150.052
WSS/klt
09/28/89
R: 06/06/90
ORDINANCE NO.
2776
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 20.21 RELATING TO ACCESSORY
DWELLING UNITS TO REQUIRE OWNERSHIP AND
OCCUPANCY OF POTENTIAL SITES FOR ACCESSORY
DWELLING UNITS FOR AT LEAST TWO YEARS PRIOR TO
APPLICATION, PROVIDING FOR A WAIVER IN THE EVENT
THE APPLICATION IS FOR OCCUPANCY BY A RELATIVE
AS HEREIN DEFINED OR IS DUE TO PHYSICAL OR
FINANCIAL HARDSHIP, PROVIDING THAT OVERALL
OCCUPANCY LIMITATIONS SHALL NOT BE EXCEEDED AND
FIXING A TIME WHEN THE SAME BECOME EFFECTIVE.
WHEREAS, the City Council finds that strong public
policy supports limiting uses in single family residential zones
to single family residences. The City Council further finds that
allowing exceptions to single family residential limitations
raises the potential for decrease in property values and a
diminution in the quality of life; and
WHEREAS, the City Council finds that there is a strong
public interest in permitting senior citizens, the disabled, or
other seriously or terminally ill persons special consideration
in order to remain in their homes, located in single family
neighborhoods. Such considerations may include the need for
iivein nursing care or the assistance of friends or relatives
during periods of disability or infirmities of old age. Such a
policy has the dual benefits of reducing the need for government
financial assistance to these citizens and improving the quality
of life for all citizens; and
WHEREAS, the Council finds that it is in the public
interest to permit home owners who experience financial hardships
or who have established a residence of at least two years
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standing to utilize an accessory dwelling unit to meet the high
cost of home ownership.
WHEREAS, increased density in residential neighborhoods
may overburden City infrastructures such as streets, sewers,
water lines and other City infrastructures as well as make it
difficult or impractical to provide reasonable emergency
services. The Council finds that overall density limitations
inherent in single family residential neighborhoods should be
protected; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 20.21 ACCESSORY DWELLING UNITS is
hereby amended by the repeal of the former chapter and the
enactment of a new chapter to read as follows:
20.21 ACCESSORY DWELLING UNITS
20.21.000 PURPOSE
The purpose of this chapter is to regulate the estab-
lishment of accessory dwelling units within single
family dwellings while preserving the character of
single family neighborhoods. The primary purpose of
this ordinance shall be to permit establishment of
additional living quarters within single family
residential neighborhoods in order to permit persons
with physical or financial hardships or who, due to the
onset of a disability or the infirmities of old age,
require the assistance of friends, relatives or a
professional nurse. A secondary purpose is to permit
persons with financial hardships or persons who have
occupied their residence for a two-year waiting period
to establish accessory dwelling units in order to meet
the high cost of home ownership.
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.
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20.21.010 TWO YEAR OCCUPANCY_ REQUIREMENT
Except as provided in Section 20.21.015, no application
shall be considered for an accessory dwelling unit,
unless the applicant has owned and resided at the
subject site for a period of not less than two years
prior to the application.
20.21.015 PHYSICAL OR FINANCIAL HARDSHIP --WAIVER
The Community Services Director, or his designee, may
grant a waiver of the two year occupancy requirement if
he finds that either:
1. The main dwelling and/or the proposed accessory
dwelling unit will be occupied by the applicant and
that at least one of the occupants of the other
dwelling is related to the applicant by genetics,
adoption or marriage; or
2. The applicant, or a member of the applicant's
family residing at the subject site, has suffered a
recent physical or financial hardship and that the
waiver of the residency requirement will allow for
the amelioration of the hardship. For the purposes
of this chapter, a financial hardship shall be a
hardship which was not anticipated at the time of
acquisition of the subject site or at the time of
the applicant's initial residence at the subject
site, whichever is first. The applicant shall have
the burden of establishing the existence of a bona
fide hardship by clear and convincing evidence.
20.21.020 DENSITY LIMITATION: Limitation on Total
❑ccupancy.
In no event shall a subject site be occupied by more
than one family as defined in ECDC Section 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. ARplication. Any person desiring approval of an
accessory dwelling unit as defined by the Community
Development Code shall submit an application con-
taining all of the information required by Chapter
20.95 of this code as well as the following
information:
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1. Proof that the single family property (subject
site) upon which the accessory dwelling unit
is proposed t❑ be located, has been owned and
occupied by the applicant for at least two
years prior to the date of application. A
sworn, notarized statement of the applicant
that he or she has owned and occupied the
single family dwelling for at least two years
prior to the application shall establish the
prima facie right to apply, but this statement
may be rebutted by persons opposing the
issuance of the permit.
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 person to whom the
accessory dwelling unit permit has been
issued. The covenant shall also require any
owner of the property to notify a perspective
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 conditional use permit lapses as
provided in Section 20.21.035 or the use
ceases, at the request of the applicant the
City shall record at its expense notice that
the covenant and conditional permit are void
and without further effect.
B. Filing Fee. All applications for an accessory
dwelling unit conditional use permit shall be
accompanied by the filing fee for the conditional
use permit hearing examiner's review as set forth
in chapter 15.00 and an amount sufficient to pay
the recording fee of the covenant with the
Snohomish County Auditor in the event the accessory
dwelling unit conditional use permit should be
approved.
20.21.030 CRITERIA
In addition to the criteria set forth in section
20.05.010 of the Edmonds Community Development Code,
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all accessory dwelling units shall meet the following
criteria:
A. Existing Residence. The single family dwelling in
which the proposed unit is to be built shall be
owned and occupied for at least two years by the
applicant or the waiver criteria established by
section 20.21.015 shall be satisfied.
B. Area Used. Accessory dwelling units must be
located within or attached to single family
dwelling units. In no case shall an accessory
dwelling unit be permitted 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 neighborhood. 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.
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 primary single family
dwelling.
F. Occupancy. The primary dwelling or the accessory
dwelling unit shall be occupied by the owner of the
subject site as long as the accessory dwelling unit
is used for dwelling purposes separate and distinct
from the primary dwelling. In no event shall the
total number of occupants exceed one family as
defined in this code.
G. Safety, Light, Ventilation, Floor Arrear and
Similar Factors. Accessory dwelling units shall
comply with all applicable requirements of the
Uniform Building Code adopted by Title 19 of the
Community Development Code and shall comply in all
respects with the provisions of the Edmonds
Community Development Code. No conditional use
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.
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20.21.035 NON -TRANSFERABILITY
A conditional use permit for an accessory dwelling
structure shall not be transferable to any site other
than the subject site described in the application and
shall expire automatically if the applicant ceases to
be a resident and occupant of either the accessory
dwelling unit or the primary residence.
20.21.040 PERMIT CONDITIONS
In addition to any conditions imposed by the Hearing
Examiner, or the City Council on appeal, all approved
conditional use permits for the accessory dwelling
units shall state and are expressly subject to the
condition that such a permit shall expire automatically
whenever:
1. The accessory dwelling unit is substantially
altered and is thus no longer in conformance with
the plans and drawings reviewed and approved by the
Hearing Examiner and Building Official.
2. The subject site ceases to maintain three or more
off-street parking spaces.
3. The applicant ceases to own and reside in either
the primary residence or the accessory dwelling
unit.
Section 2. 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 the ordinance or a summary thereof
consisting of the title.
APPROVED:
ATTEST/AUTHENTICATED:
CITq CLERK, JACQUELINE G. PARRETT
WSS51774O -6-
Y -S . NAUGHTEN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
(.31
FILED WITH THE CITY' CLERK: September 28, 1989
PASSED BY THE CITY COUNCIL: June 5, 1990
PUBLISHED: June 10, 1990
EFFECTIVE DATE: June 15, 1990
ORDINANCE NO. 27
WSS51774O —7—
Affidavit of Publication
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHO1VZISH,
The undersigned, being first duly sworn on oath deposes and says
•urnhSaRY
that she is Principal Clerk of THE HERALD, a daily newspaper
or•
' ORDof she City u}7ald
printed and published in the City of Everett, County of Snohomish,
Edmonds woshln„
On me 5th day of June 19"
the City Council N the EitV of
and State of Washington; that said newspaper is a newspaper of
Edn+orlds, passed Ordinance No-
7776. A summary at the Colrtent
general circulation in said County and State; that said newspaper
Of sold ordinance, conclsfinp of
lbeAN OR INANCes Os follows:
AN OR[]INANCE OF THE CITY
has been approved as a legal newspaper by order of the Superior
AMEN° 1NGD5C`HAPTER G2Q 0
RiL �r,rrG To ACCESSOfty
Court of Snohomish County and that the notice..,... ............ .......................
owEr_LING UNITS TO REQUMF
OWNERSHIP ANp OMUPANCY
ALCESSORYTOWEL51NOUP1TTS
Edmonds Summary of Ordinance No. 2776
POOAT LEAST Two YEARS
..................... ................... ........... ........ ................... ............... ............................ _...........
PRIOR TO AAPL.ICATION
PROVIDING FOR A WAIVER 0
THE EVENT THE. 4PPLICATION
ISFOP OCCUPANCY 8Y A
RELATIVE A5
....
•......... ................. ................ ............. ............:........ ::.......................... :. ......................
i DEFINED OP. IS DUE TO PHYSI-
CAL,OR i-MANCIAL HARDSHIPPROVIDING
,
❑CCLIPA CY HLIM TATIONS
514ALLNOT BE EXCItEPEO
....................:................:.—...............................................................:_...:....:...............:..
AND FIXING A TIME WFiEf t
SAME BECOMES @FFEC-
TIVE
a printed copy of which is hereunto attached, was published in said
The Tull text of this Ordinance
Wilt be Irlolled uoon request.
newspaper proper and not in supplement form, in the regular and
DATED this 5th day of June,
t
-IACOIJELINE G. PARRETT
entire edition of said paper on the following days and times, namely:
CIfy Gcrk
Published: June 10, 1g4o. __
-
June 10. 1990
.....................................................................................................................................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
...................
Principal Clerk
Subscribed and sworn to before me this ........... 11.t.h.......
day of........... June 19...9..
Y .
fir.',
/es
in and for the State of Washington,
ding at Eirerett, Snohomish County.
5-2-1