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021-20 - Ordinance - Amending Chapter 20.68 Accessory Dwelling UnitsORDINANCE NO. O2L.2O AN ORDTNANCE OF THE CtTy OF PORT ORCHARD, WASHTNGTON, AMENDTNG CHAPTER 20.68 (ACCESSORY DWELLTNG UNTTS) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 20 (Unified Development Code)of the Port Orchard Municipal Code (POMC)was adopted on June 73,20t7 (Ordinance 019-17); and WHEREAS, on March 12,20t9, the City Council approved Ordinance OLL-L9, which created Chapter 20.68 POMC, Accessory Dwelling Units, to provide requirements for permit submittal, review criteria and conditions for approval of accessory dwelling units; and WHEREAS, the City Council wishes to adopt clarifications and revisions to Chapter 20.68 to promote and assist the development of accessory dwelling units, and staff has prepared revisions as directed; and WHEREAS, on June 30,2020, the City submitted to the Department of Commerce a 60- day request for review of the proposed revisions to Chapter 20.68; and WHEREAS, on July t7,2020, the City's SEPA official issued a determination of non- significance for the proposed revisions to Chapter 20.68, and there have been no appeals; and WHEREAS, on August 3,zl2o,the City Council's Land Use Committee reviewed the revisions to Chapter 20.68, and recommended that they be forwarded to the full City Councilfor review and approval; and WHEREAS, on August 4,2020, the City's Planning Commission held a duly-noticed public hearing on the proposed revisions to Chapter 20.68, and the Planning Commission recommended approvalof the proposed revisions; now, therefore THE C|TY COUNCTL OF THE Ctry OF PORT ORCHARD, WASHTNGTON, DO ORDATN AS FOLLOWS: SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and incorporated as findings in support of this Ordinance. SECTION 2. Chapter 20.68 of the Port Orchard Municipal Code is hereby amended to read as follows: Ordinance No.021-20 Page 2 of 7 Chapter 20.68 ACCESSORY DWELLING UNITS Sections: 20.68.010 20.68.020 20.68.030 20.68.040 20.68.050 20.68.060 applicability 20.68.O70 20.68.080 20.68.090 20.68.L00 20.68.110 Accessory dwelling units - Defined. Accessory dwelling units - Purpose. Accessory dwelling units - Decision type. Accessory dwelling units - Administration. Accessory dwelling units - Property ownership. Accessory dwelling units - Commercial and industrial development - Code Accessory dwelling units - Application procedures. lnspection. Violations. General requirements. Bulk, location and design requirements. 20.68.010 Accessory dwelling units - Defined. An accessory dwelling unit is a separate, complete dwelling unit associated with, attached to or contained within the structure of the primary home or use. An ADU may be either an accessory apartment (attached dwelling) or a backyard cottage dwelling. 20.68.020 Accessory dwelling units - Purpose. (L) lntent. Accessory dwelling units (hereinafter referred to as "ADUs") are intended to: (a) Provide homeowners with a means of providing for companionship and security. (b) Add affordable units to the existing housing supply. (c) Make housing units within the city available to moderate income people. (d) Provide an increased choice of housing that responds to changing needs, lifestyles (e.g., young families, retired), and modern development technology. (e) Protect neighborhood stability, property values, and the single-family residential appearance by ensuring that ADUs are installed in a compatible manner under the conditions of this chapter. (f) lncrease density in order to better utilize existing infrastructure and community resources and to support public transit and neighborhood retail and commercial services. (g) Provide a means for commercial and industrial sites to have a resident caretaker or security officer. 20.68.030 Accessory dwelling units - Decision type. An ADU permit is a Type I action and shall be reviewed and considered in accordance with the procedures for such actions as set forth in Subtitle ll of this title. Ordinance No.021-20 Page 3 of 7 20.68.040 Accessory dwelling units - Administration. The planning director shall have the authority to develop and implement procedures to administer and enforce this chapter. 20.68.050 Accessory dwelling units - Property ownership. For the purposes of this chapter, "property owner" and "homeowner" shall mean the owner of a property according to the title of record, or the beneficiary of a legal trust or guardianship. 20.68.060 Accessory dwelling units - Commercial and industrial development - Code applicability. The following subsections of this chapter do not apply to the construction or establishment of an ADU that is accessory to a commercial or industrial use: (1) PoMc 20.68.100(1)and (a). (2) PoMc 20.68.L10(e) and (L0). 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 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. Upon sale of the property, the new property owner shall be required to sign a new affidavit and to register the ADU, paying the applicable fee in accordance with the city's adopted fee schedule. lf new or upgraded water or sewer connections are required, water and/or sewer connection fees shall be required in accordance with POMC Title L3. (c)Accessory Dwelling Unit Agreement. The owner of any property containing an ADU shall record with the Kitsap County auditor an accessory dwelling unit agreement and notice to title for the ADU. Such agreement and notice shall be approved by the planning director, on a form approved by the city council, and shall include as a minimum: (i) the legal description of the propertywhich has been permitted forthe ADU; (ii) affirmation that the owner shall occupy either the main building or the ADU (unless the ADU is within a commercial or industrial development), and that the property owner agrees to all requirements provided in this chapter; and (iii) the conditions necessary to apply the restrictions and limitations contained in this section. The property owner shall submit proof that the agreement and notice to title have been recorded prior to issuance of an ADU permit. The ADU agreement and notice to title shall run with the land as long as the ADU is maintained on the property. The property owner may, at any time, apply to the planning director for a termination of the ADU agreement. Such termination shall be granted upon proof that the ADU no longer exists on the Ordinance No. 021-20 Page 4 of 7 property and that a notice to title has been recorded which states that the ADU has been removed. (d) Permit. Upon receipt of a complete application, application fees, proof of recorded accessory dwelling unit agreement, and approval of any necessary building or other permits, an ADU permit shall be issued. 20.68.080 lnspection. The city 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. 20.68.090 Violations. A violation of this chapter regarding provision of ownership shall be governed by POMC 20.68.L00(4), and a violation of provision of legalization of nonconforming ADUs shall be governed by POMC 20.68.100(8). Violations of any other city permit or code requirements shall be governed by Chapter 20.02 POMC. 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. (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 lnternational Building Code. (4) Composition. The ADU shall include facilities for cooking, living, sanitation, and sleeping. (5) Ownership and Occupancy. The property owner must maintain his or her occupancy in the main residence or the ADU. For the purposes of this chapter, "occupancy" means that the property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by property tax, voter registration, vehicle registration, or similar means, and actually resides at the site more than six months out of any given year, and at no time rents both units. Owners shall record a notice on title, as approved by the city, which attests to their occupancy and attests that, at no time, shall they rent both units. Falsely attesting owner-residency shall be a gross misdemeanor subject to a fine not to exceed 55,000, including all statutory costs, assessments, and fees. ln addition, ADUs shall not be subdivided or otherwise segregated in ownership from the main building. Nothing in this chapter shall be interpreted as prohibiting a property owner from renting out a room or rooms in their legal residence of occupancy (main residence or ADU) to another Ordinance No.021-20 Page 5 of 7 resident or resident, or from collecting rent from a roommate, as long as the property owner continues to maintain occupancy according to the terms of this subsection. (6) Parking. No off-street parking is required for the ADU; provided, that the minimum required off-street parking per Chapter 20.t24 POMC for the primary use (single-family residence, commercial or industrial development) is met on the lot or if on-street parking is provided on both sides of the street(s) abutting the lot. One parking stall shall be provided per ADU if either of the preceding conditions is not satisfied. lf additional ADU parking is provided, parking for a commercial or industrial ADU shall be located in the rear portion of the lot and shall not be accessed from the front if suitable access to the rear is available, such as an abutting right-of-way that is or can practicably be developed. Driveways shall comply with the vehicular access and driveway standards in the city's development guidelines. (7) 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. (8) 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. (9) Legalization of Nonconforming ADUs. Existing ADUs that are made nonconforming by this ordinance, 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. 20.68.110 Bulk, location and design requirements. (1) ln commercial or industrial developments, detached ADUs are not allowed, and the ADU shall be located on or above the second floor of the building in which it is located. (2) For attached ADUs, the lot must meet the minimum lot dimensional and size requirements of the applicable zoning designation. Attached ADUs that do not increase the building envelope of an existing residential structure are exempt from this requirement. (3) Size. For detached ADUs, referto POMC 20.32.030, Backyard Cottage. For an attached ADU that is accessory to a detached residential dwelling, the ADU shall not exceed 40 percent of the total square footage of the residential dwelling and the ADU combined, after modification or construction, or L,000 square feet, whichever is greater. For an attached ADU that is accessory to a commercial or industrial use, the ADU shall not exceed 1,000 square feet. ( ) Height. For a detached ADU, refer to POMC 20.32.030, Backyard Cottage. For an attached ADU that is accessory to a commercial or industrial use, refer to the appropriate building type in Chapter 20.32 POMC. Ordinance No.021-20 Page 6 of 7 (5) Location. A detached ADU shall be permitted as a second dwelling unit accessory to a detached dwelling unit and shall be located in the rear yard, in accordance with POMC 20.32.030, Backyard Cottage. An accessory ADU shall be permitted within a detached residential dwelling, or within a commercial or industrial building. (6) Setbacks and Lot Coverage. For a detached ADU, refer to POMC 20.32.030, Backyard Cottage. For an attached ADU that is accessory to a commercial or industrial use, refer to the appropriate building type in Chapter 20.32 POMC. The calculation of lot coverage shall include all buildings on the lot or site, including the ADU, the primary single-family dwelling (for residential properties), and accessory buildings. Existing and future accessory buildings, including an ADU, must meet required setbacks for the relevant zone and building type. (7) Design - Attached ADUs. An attached ADU shall be designed to maintain the architectural design, style, appearance, and character of the main building as a single- family residence. lf an attached ADU extends beyond the current footprint or existing height of the main building, such an addition must be consistent with the existing facade, roof pitch, siding, and windows. Any exterior modification or addition to a single-family residence shall comply with the design standards in Chapter 20.I39 POMC. Additionally, only one entrance is permitted to be located in the front facade of the dwelling. lf a separate outside entrance is necessary for an attached ADU, it must be located either off the rear or side of the main building. Such entrance must not be visible from the same view of the building which encompasses the main entrance to the building and must provide a measure of visual privacy. (8) Design -Attached ADUs Associated with a Commercialor lndustrial Development. The ADU shall be part of an overall site and building design that complies with the requirements of Chapter 20.I27 POMC (Design Standards), and shall be reviewed in conjunction with the underlying land use or building permit. (9) Design - Detached ADUs. A detached ADU shall be designed to complement the architectural design, style, appearance, and character of the main building by utilizing complementary colors and finish materials, window styles, and roof design to the main building. The entrance door to a detached ADU shall not face the same property line as the entrance door to the main building except when the entrance door to the ADU is located behind the rearwallof the main building. The detached ADU shallalso be subject to the requirements of POMC 20.I39, Residential Design Standards. (10)Walkways. For ADUs with a separate exterior entrance, a pedestrian walkway shall be provided between the ADU and the nearest sidewalk, or where no sidewalk exists, the nearest street right-of-way. The walkway shall be composed of materials that are distinct from any adjacent vehicle driving or parking surfaces. The walkway may function as a shared pedestrian/vehicle space; provided, that it is constructed of distinct materials, is located along an exterior edge of a driving surface, and vehicles are not permitted to park on the walkway so that pedestrian use is hindered or prevented. Ordinance No. 021-20 PageT of7 SECTION 3. Severability. lf 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 of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 4. 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 5. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after the date of publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested bythe City Clerk in authentication of such passagethis l"Lth dayof August 2020. Robert Putaa uu, Mayor randy Ri n, MMC, City Clerk l $ APPROVED AS TO FORM Sponsored by: otte A. Archer, City Fred Chang, Councilme BP eb- PUBLISHED: August t4, 2O2O EFFECTIVE DATE: August t9,2O2A SEAL