HomeMy WebLinkAboutSection 9 Exhibit H - 20.68 Accessory Dwelling Units rev 4-23-2025(11015371.3)Chapter 20.68
ACCESSORY DWELLING UNITS
Sections:
20.68.010 Accessory dwelling units - Defined.
20.68.020 Accessory dwelling units - Purpose.
20.68.030 Accessory dwelling units - Decision type.
20.68.040 Accessory dwelling units - Administration.
20.68.060 Accessory dwelling units - Commercial and industrial development - Code
applicability.
20.68.080 Inspection.
20.68.090 Violations.
20.68.100 General requirements.
20.68.110 Bulk, location and design requirements.
20.68.010 Accessory dwelling units — Defined.
For the purpose of this chapter the following definitions apply:
"Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family housing
unit (detached house), duplex, triplex, fourplex, townhouse, or other housing unit except apartment
or mixed -use shopfront buildings.
"Attached accessory dwelling unit" means an accessory dwelling unit no larger than 1,000 square
feet of gross floor area located within or attached to a single-family housing unit (detached house),
duplex, triplex, fourplex, townhouse, or other housing unit except apartment or mixed -use
shopfront buildings.
"Detached accessory dwelling unit" means an accessory dwelling unit no larger than 1,000 square
feet of gross floor area that consists partly or entirely of a building that is separate and detached
from a single-family housing unit (detached house), duplex, triplex, fourplex, townhouse, or other
housing unit except apartment or mixed -use shopfront buildings.
"Gross floor area" means the interior habitable area of a dwelling unit including basements and
attics but not including a garage or accessory structure.
"Owner" or "property owner" means any person who has at least 50 percent ownership in a
property on which an accessory dwelling unit is located.
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(Ord. 021-20 § 2; Ord. 011-19 §4 (Exh. 1)).
20.68.020 Accessory dwelling units — Purpose.
(1) Intent. 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 low and moderate income people.
(d) Provide an increased choice of housing that responds to changing needs, (e.g., persons
with disabilities, impaired mobility), lifestyles (e.g., young families, retired), and modern
development technology.
(e) Promote 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) Increase density and promote sustainable practices by better utilizing existing
infrastructure and community resources, while supporting public transit, neighborhood retail, and
commercial services.
(g) Provide a means for commercial and industrial sites to have a resident caretaker or
security officer. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.030 Accessory dwelling units - Decision type.
A building permit for an ADU is a Type I action and shall be reviewed and considered in accordance
with the procedures for such actions as set forth in Subtitle II of this title. (Ord. 021-20 § 2; Ord. 011-
19 § 4 (Exh. 1)).
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. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
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 (5).
(Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
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20.68.080 Inspection.
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. (Ord. 038-22 § 3; Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.090 Violations.
A violation of this chapter shall be governed by POMC 20.68.100. Violations of any other city permit
or code requirements shall be governed by Chapter 20.02 POMC. (Ord. 038-22 § 4; Ord. 021-20 § 2;
Ord. 011-19 § 4 (Exh. 1)).
20.68.100 General requirements.
ADUs shall be subject to the following requirements, which shall not be subject to a variance:
(1) ADUs may be permitted for a legal lot of record in zoning districts that allow for single-family use
or middle housing building types and where the lot meets the minimum lot area requirement for the
principal building.
(2) Number of ADUs per Lot. No more than two ADUs, whether a variation of attached accessory
dwelling units and/or a detached accessory dwelling units, shall be permitted on one lot. Provided,
however, that the development of an ADU shall not be permitted if it results in the exceedance of
the unit density for the lot which is established in the underlying zoning district.
(3) Occupancy. Maximum occupancy is regulated by Section 1004 (Occupant Load) of the
International Building Code.
(4) Composition. The ADU shall include facilities for cooking, living, sanitation, and sleeping.
(5) Home Businesses and Occupations. Home businesses and occupations shall be allowed,
subject to existing regulations. However, where more than one home business or home occupation
exist on the lot, , only one of the dwelling units is permitted to receive customers on the premises.
(6) 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.
(7) 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. (Ord. 038-22 § 5; Ord. 021-
20 § 2; Ord. 011-19 §4 (Exh. 1)).
20.68.110 Bulk, location and design requirements.
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(1) In commercial or industrial developments, detached ADUs are prohibited, and an attached 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. ADUs shall not exceed a gross floor area of 1,000 square feet.
(4) Building Height. The maximum building height for an ADU shall not exceed the maximum
building height permitted for structures within the zoning district and, where applicable, the height
overlay district in which the ADU is located. For an attached ADU that is accessory to the principal
building, the ADU building height shall not exceed the maximum building height of the principal
building type. However, in no instance shall the maximum building height of an ADU be restricted to
less than 24 feet unless a lower height limit also applies to the principal building on the lot. Refer to
the appropriate building type in Chapter 20.32 POMC.
(5) Location. An ADU shall be permitted as an accessory dwelling unit to the principal building on
the same lot
(6) Setbacks and Lot Coverage. New ADUs must comply with the zoning regulations for the district
in which it is located. However, where an ADU is proposed through the conversion of a legally
established, nonconforming accessory structure, the ADU may retain the structure's existing
setbacks and lot coverage, and is not required to meet current zoning standards for those
elements. The calculation of lot coverage shall include all buildings on the lot or site, including the
ADU, the principal building (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. ADUs that abut a public alley may be sited at the lot line.
(7) Design —Attached ADUs. An attached ADU shall be designed to maintain the architectural
design, style, appearance, and character of the principal building as a single-family residence and
the development standards of the zoning district in which it's located. If 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 20.139
POMC.
(8) Design -Attached ADUs Associated with a Commercial or Industrial Development. The ADU
shall be part of an overall site and building design that complies with the requirements of Chapter
20.127 POMC (Design Standards) and shall be reviewed in conjunction with the underlying land use
or building permit.
(9) 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.
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(10) In the applicable zones that allow single-family homes or middle housing types, ADUs may
include configurations of one attached accessory dwelling unit and one detached accessory
dwelling unit, two attached accessory dwelling units, or two detached accessory dwelling units
which may be comprised of either one or two detached structures.
(11) Parking: Parking shall be provided consistent with the requirements of POMC 20.124.
(Ord. 021-20 § 2; Ord. 011-19 §4 (Exh. 1)).
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