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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 DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD Ordinance No. 038-22 Page 2of5 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 DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD Ordinance No. 038-22 Page 3of5 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. DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD Ordinance No. 038-22 Page 4 of 5 (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 DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD Ordinance No. 038-22 Page 5 of 5 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