2010/12/01 Council Agenda Packet

4 of either the accessory dwelling unit or the principal dwelling by the person to whom the accessory dwelling unit permit has been issued. The covenant shall also require any owner of the 'property to notify a prospective buyer of the limitations of this section and to provide for the ;removal of improvements added to convert the premises to an accessory dwelling unit and the !restoration of the site to a single-family dwelling in the event that any condition of approval is violated. Is hereby repealed, including all ordinances or portions thereof in conflict herewith. Section 6. Ordinance No. 1671-89, as amended, is hereby amended by the addition of the following, to be codified as EMC 19.07.030 and entitled"Accessory Dwelling Units": Accessory Dwelling Units The regulations in this section shall apply to Accessory Dwelling Units (ADU's). In zones where multi-family and infill dwelling units are permitted, the development standards of those zones and any applicable overlay districts shall apply to development of more than one dwelling on a lot. In the event there is a conflict between the provisions of EMC 19.07.020 or any other City regulation or provision of the Everett Municipal Code and this Section, the provisions of this Section shall control. A. ADU's, General. Any person who wishes to establish an ADU must obtain a permit from the Director of Planning prior to such establishment by submitting a completed application for such permit on a form provided by the City. An ADU is only be allowed as an accessory use to a single family detached dwelling unit in zones where they are listed in Table 5-1, in accordance with the regulations of this Section. An ADU is not permitted on a lot with a duplex. 1. A single family detached dwelling unit on a legal building lot shall have not more than one ADU, whether attached or detached. Any lot with more than one single family detached dwelling unit may not have an ADU. 2. Owner Occupancy Required. The principal dwelling unit must be owner-occupied on the date a completed permit application is submitted to the City for an ADU. Following construction, the owner may occupy either the principal or ADU. Prior to issuance of a permit for an ADU, the property owner shall certify on a form approved by the City that the owner occupies the principal dwelling and will continuously occupy either the principal dwelling unit or the ADU after completion of the ADU. 3. Covenant. The property owner shall provide a fully executed covenant in a form acceptable to the City and suitable for recording with the County Auditor, providing notice that the existence of the ADU is predicated upon the occupancy of either the ADU or the principal dwelling unit by the property owner of the subject lot. The covenant shall 6