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Ordinance 32940006.900000 WSS /gjz 07/15/98 R:12/22/99gjz R:1 /27 /00gjz 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 {WSS418922.DOC;1/00006.900000/} 1 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. {WSS418922.D0C;1/00006.900000/} 2 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. {WSS418922.DOC;1/00006.900000/} 3 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 {WSS418922.DOC;1/00006.900000/1 4 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. {WSS418922.DOC;1/00006.900000/} 5 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. { WSS418922.DOC;1/00006.900000/} 6 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: �!��w.el.+.ct..� C.►li_w.d.a� '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 {WSS418922.DOC;1/00006.900000/1 7 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 ......................................................... ....................... — ...... I ............. ............................... dd news er was re arly istribut¢d to its subscribers of said per d. / .............. �� e✓.� -�- -�� ... .................. ....... r ...........r ........... Principal Clerk Subscribed and sworn to before me this.............. th o*Nota�ariy Februadina�nd -- ..............................1 20..�... ............ lic for th State Washington, residing at Everett, Snoho sh Co ty. E j. �I ♦ O� SlO 1V F{•.t� �e � A •• i o° NOTARY, �A . PUBLIC 41VASN�oe`�♦ ssrretu����� B -2 -1