038-22 - Ordinance - Amending Title 20 Accessory Dwelling UnitsDocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
ORDINANCE NO. 038-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REGARDING DEVELOPMENT OF ACCESSORY DWELLING UNITS,
AMENDING SECTIONS 20.68.070, 20.68.080, 20.68.090,
20.68.100 AND REPEALING SECTION 20.38.235 OF THE PORT
ORCHARD MUNICIPAL CODE, TO REMOVE OWNER -OCCUPANCY
REQUIREMENTS FOR ACCESSORY DWELLING UNITS AND
REMOVE PARKING REQUIREMENTS, PROVIDING FOR
CORRECTIONS, SEVERABILITY, AND PUBLICATION; AND SETTING
AN EFFECTIVE DATE.
WHEREAS, on March 12, 2019, the City Council adopted Title 20 (Unified Land Use and
Development Code) of the Port Orchard Municipal Code (POMC), Ord. 011-19, containing the
City of Port Orchard's land use, zoning and permitting regulations; and
WHEREAS, the City Council desires to amend POMC Sections 20.68.070, 20.68.080,
20.68.090, 20.68.100 and repeal 20.38.235 to remove an owner -occupancy requirement of
Accessory Dwelling Units; and
WHEREAS, the region is in a housing crisis and there is both a need and a demand for
more housing of all types, including smaller dwelling units like ADUs which are often a more
affordable housing type, will allow people to age in place, or will provide housing for people at
different life stages; and
WHEREAS, in order to make ADUs more feasible and increase supply, modification of
regulations to reduce certain burdensome requirements is required; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 60-day
expedited review on May 20, 2022 which was granted by Commerce and the requisite time has
now passed to allow this ordinance to be adopted; and
WHEREAS, on May 20, 2022, the City's SEPA official issued a determination of
nonsignificance for the proposed amendments, which was published and provided to the public
in accordance with POMC 20.160.190 and WAC 197-11-510, and there have been no appeals;
and
WHEREAS, on July 19, 2022, the City issued a Notice of Public Hearing for the proposed
amendments to POMC 20.68.070, 20.68.080, 20.68.090, 20.68.100 and the repeal of 20.38.235,
which was published and provided to the public in accordance with POMC 20.25.050; and
WHEREAS, the Planning Commission conducted a public hearing on the substance of
this Ordinance on August 2, 2022, received testimony from the public in support of the
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proposed changes, and recommended adoption by the City Council; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is
consistent with the City's Comprehensive Plan and development regulations, the Growth
Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best
interests of the residents of the City and further advance the public health, safety and welfare,
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
IQ XVI&I
SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as
if fully set forth herein.
SECTION 2. Section 20.68.070 of the Port Orchard Municipal Code is hereby amended to
read as follows:
20.68.070 Accessory dwelling units — Application procedures.
(1) Procedures. Any property owner seeking to establish an ADU shall
apply for approval in accordance with the following procedures:
(a) Application. Prior to installation of an ADU, the property
owner shall apply for an ADU permit. A complete application shall include a
properly completed application form, floor and structural plans for any structural
modification, a site plan if detached structures or an addition are proposed, and
fees as prescribed in subsection (1)(b) of this section.
(b) Fees. I IPeR sale of the p r+" the r plcepeFty ewper shall
be FequiFed-design a new affidavit and teFegisteF the —A U, pates The
application shall be accompanied by the applicable fee in accordance with the
city's adopted fee schedule. If new or upgraded water or sewer connections are
required, water and/or sewer connection fees shall be required in accordance
with POMC Title 13.
(e) Acees seFy Dwelling Unit A r eery e n t. nTev=vv n e e ei any pF e p TY
centaining an ADU shall- EeC-6lcd with the Kitsap Ceb audit6Fan accesseFp
dwelling unit agFeement and notice t6title -f6F the ADU. Such agFeement and
ce neilr and shall include a a Fninimum: (0) the legal deseriptien of the r er+"
which has heep�er�a��ed�s�t#�AD . (ii) affiFinatet#a+ tewner-=„hall
eccupy efth eFthe mdin g eF the A(unless the ADU is •�a
ceTmeFe+al e�dwst Fi al d evele erg, and that the plcep er#t ewneF agrees to
all FequiEements pFevided in this ehapteF; and (iii) the earnditienS neGeSsaFy W
apply the r sir„-+* r,� -,r,.J I*M .it--t-i Y,-r C .AtaiY,,,.J iA +h*< <,,.-+m Y
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The p elcty ewneF hall submit p of that the a nt and netie
title --have been FeeeFded p r+eFte issuance eFIM i+ The A D I I
agFeement and netice to title shall Fun with the land as lengas the ^pis
in maapply to the
maintained e� e-pie#e-�ty�-e�r}e�a�-a�-a��ti-r��
planning diFecteF feFa teFFninatien of the-ADIJ agFeement. Such teFminatien
+h�eti ce-te-title has been Fec ed-which states that ADU has been
Fern eyed.
(4c) Permit. Upon receipt of a complete application, application fees,
pFeef efFeceFdedaccessedwelling t-agFeepAert, and approval of any
necessary building or other permits, an ADU permit shall be issued.
SECTION 3. Section 20.68.080 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.68.080 Inspection.
The CEity shall inspect the property to confirm that minimum and
maximum size limits, required parking and design standards, and all applicable
building, health, safety, energy, and electrical code standards are met.
SECTION 4. Section 20.68.090 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.68.090 Violations.
A violation of this chapter Feg-aFd*Rg-p,re-vismA-IQ eT-eWRers;;p shall be
governed by POMC 20.68.100(g), and a VielatieR of n of legalizatieR f
PA_REe Tg-ADIJs shall -be-geveFRed by C20.6582.1&9�° . Violations of any
other city permit or code requirements shall be governed by Chapter 20.02
POMC.
SECTION 5. Section 20.68.100 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.68.100 General requirements.
ADUs shall be subject to the following requirements, which shall not be
subject to a variance:
(1) ADU permits may only be issued for a legal lot of record zoned for
single-family use containing not more than one single-family dwelling.
(2) Number of ADUs per Lot. No more than one ADU, whether an
accessory apartment (attached dwelling) or a backyard cottage dwelling, shall be
permitted on one lot.
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(3) Occupancy. The maximum number of occupants in any ADU shall be
four persons. Maximum occupancy may be further limited by Section 1004
(Occupant Load) of the International Building Code.
(4) Composition. The ADU shall include facilities for cooking, living,
sanitation, and sleeping.
MUD
..
..„
(566) Home Businesses and Occupations. Home businesses and
occupations shall be allowed, subject to existing regulations. However, if both
the main residence and the ADU contain home businesses, only one of the two is
permitted to receive customers on the premises
(67) Short -Term Rental. The use of an ADU as a short-term rental shall be
allowed, subject to compliance with the vacation rental and bed and breakfast
regulations in POMC 20.39.345.
(79) Legalization of Nonconforming ADUs. Existing ADUs that are made
nonconforming by this chapter, or ADUs legally existing prior to the enactment
of these requirements, may be maintained as a legal nonconforming use in
accordance with Chapter 20.54 POMC.
SECTION 6. Section 20.38.235 of the Port Orchard Municipal Code is hereby repealed in
its entirety.
SECTION 7. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 8. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
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invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 9. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 10. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 27' day of September 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
L
gned by:
Charlotte A. Archer, City Attorney
PUBLISHED: October 7, 2022
EFFECTIVE DATE: October 12, 2022
DocuSigned by:
6bt*f Pt�M A SWu, Fr ,
Robert Putaansuu, Mayor
SPONSOR:
Scott Diener, Councilmember