17.40.010 Accessory dwelling units.
A. Purpose. This chapter provides for accessory dwelling units on lots developed with single-family dwellings in any residential zone. Accessory dwelling units contribute needed housing to the community’s housing stock. An accessory dwelling unit (ADU) is deemed to be an accessory use and not considered to exceed the allowable density for the lot. Thus an ADU is consistent with general plan density and housing objectives and expands housing opportunities.
B. Applicability. The provisions of this chapter apply to all lots that are occupied with a single-family dwelling and zoned residential. Provisions of this section are intended to comply with state legislation regarding accessory dwelling units as such legislation may be amended over time. When provisions of this section are determined to be in conflict with state law, state law shall supersede these regulations.
C. Definitions.
“Accessory dwelling unit” means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit may be established in any of the following methods:
1. Located within the living area of an existing single-family dwelling.
2. Attached as a separate unit to an existing single-family dwelling.
3. Constructed as a detached structure on a lot with an existing single-family dwelling.
4. Conversion of an uninhabited accessory structure such as a garage on a lot with an existing single-family dwelling.
“Existing structure” for the purposes of defining an allowable space that can be converted to an ADU means within the four walls and roofline of any existing primary residence or existing accessory structure such as a garage on or after January 1, 2017, that can be made safely habitable under local building codes at the determination of the building official.
“Living area” means the interior habitable area of a dwelling unit but does not include a garage or any accessory structure.
“Passageway” means a pathway that is unobstructed and extends from a street to one entrance of the accessory dwelling unit.
D. Development Standards.
1. General Development Standards.
a. ADUs are not intended for sale separate from the primary residence and may be rented.
b. Prior to issuance of a building permit for an ADU a covenant of restriction to run with the land shall be recorded which specifies the ADU cannot be sold separately and either the primary dwelling unit or the ADU must be owner-occupied.
c. The lot where the ADU is proposed is zoned for single-family or multifamily use and contains an existing single-family dwelling.
d. Only one accessory dwelling unit may be created per legal lot.
e. A minimum lot size of six thousand square feet is required for lots upon which an accessory dwelling unit is to be established.
f. Except as provided for in subsection (B) of this section, ADUs shall comply with the development standards for the zoning district in which they are located, including setbacks, minimum distance between structures, and height limits, but excluding minimum lot area per dwelling unit standards. However, where a lot containing a new detached ADU abuts an alley, the rear setback for the ADU may be reduced to five feet.
g. No passageway shall be required in conjunction with the construction of an ADU.
h. The total floor area of a detached ADU shall not exceed one thousand two hundred square feet.
i. The increased floor area of an attached ADU shall not exceed fifty percent of the existing dwelling living area, with a maximum increase in floor area of one thousand two hundred square feet.
j. ADUs are subject to local building code requirements that apply to detached dwellings; however, an ADU is not required to have fire sprinklers if they are not required for the primary dwelling.
k. ADUs are not considered new residential uses for calculating connection fees or capacity charges for utilities, water or sewer service, except as described in the definition for “existing structure” in subsection (C) of this section.
2. ADUs Within Existing Space in the Primary Dwelling, Attached or Detached Garage or Other Existing Accessory Structure.
a. No setback shall be required for an existing garage that is converted to an ADU, and a setback of no more than five feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage.
b. No off-street parking is required.
c. Any existing off-street parking spaces that are displaced due to conversion of a garage, carport or covered parking structure are not required to be replaced.
d. There shall be no requirement to install a new or separate utility connection between the ADU and the utility or to impose a related connection fee or capacity charge.
e. ADUs shall have independent exterior access from the existing residence.
3. Construction of New ADUs – Attached and/or Detached.
a. Parking requirements shall not exceed one parking space per unit or bedroom.
b. Parking shall not be required in the following instances:
i. The ADU is located within one-half mile of public transit.
ii. The ADU is located within an architecturally and historically significant district.
iii. The ADU is part of the existing primary residence or an existing accessory structure.
iv. When there is a car share vehicle located within one block of the ADU.
c. When a garage, carport or covered parking structure is demolished in conjunction with construction of an ADU, any existing off-street parking spaces that are displaced shall be replaced on the same lot. Replacement spaces may be located in any configuration except tandem parking and shall be covered spaces.
4. Permit Requirements. ADUs shall be permitted ministerially through the city’s site plan review process within one hundred twenty days of application. The planning director shall issue the site plan review approval if all applicable requirements are met in this subsection (D), Development Standards.
5. Findings.
a. In order to deny an application for an accessory dwelling unit the planning director shall find that the proposed ADU would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.
b. The planning director finds that tandem parking is not permitted anywhere in the jurisdiction and as such is not allowed in conjunction with the establishment of an ADU.
6. Appeal. The decision of the planning director shall be final unless appealed pursuant to Chapter 17.72. (Ord. 706 § 3 (Exh. A), 2019).