Ordinance 3618-18 - Laserfiche WebLink

A. Accessory Dwelling Units (ADUs), Where Permitted. An ADU shall be permitted as an accessory use to the principal dwelling unit in the zones indicated in Use Table No. 5.1 on any legally established lot, provided it complies with the provisions of this section. In the core residential area and other zones that allow single-family attached or multiple-family dwellings, the development standards applicable to those zones shall apply to development of more than one dwelling on a lot rather than this section. B. Review Process. ADUs shall be permitted subject to Review Process I as defined in EMC Title 15. C. Owner Occupancy Required. Either the principal dwelling unit or the ADU shall be occupied by the owner of the property as his or her principal residence. Prior to issuance of a permit for an accessory dwelling unit, the property owner shall submit to the city a signed affidavit affirming that the owner occupies the principal dwelling as his or her principal residence, and will occupy either the principal dwelling or accessory dwelling after completion of the accessory dwelling unit.The owner shall record a covenant with the Snohomish County auditor, approved by the director, that shall run with the land as long as the ADU is maintained on the property.The property owner shall submit proof that the covenant has been recorded with the Snohomish County auditor's office prior to issuance of the building permit. D. An ADU shall not be segregated from the ownership of the principal dwelling through a subdivision, condominium, or any other process. E. Only one ADU is permitted on a lot. F. An ADU shall not be permitted on a lot with more than one dwelling unit. Off Street Parking. 1. A minimum of one off street parking space above what is required for the principal dwelling shall be provided for the ADU. 2. When abutting an alley,the required parking for the principal and accessory dwelling units shall be accessed from the alley, unless there is an existing legally established driveway connecting to a public street. 3. The requirement for one off street parking space for the ADU may be waived by the planning director, using Review Process ll as defined in EMC Title 15, when all of the following circumstances apply: a. The property is not located in a - • •. -. . ••• -•- ••- - '=. ! ; . b. The property has frontage on a public street; and c. There arc at least two on street parking spaces in front of the subject property; and d. There is a public transit stop located within one quarter mile walking distance of the property with a safe walking path to the transit stop. G44. The property owner shall certify to the city no later than April 1st of each year that the owner occupies one of the dwellings as his or her principal residence. Any person who fails to report or falsely certifies that he or she resides in a dwelling unit at the stated address shall be subject to the enforcement and penalty provisions of Chapter 1.20. Ht. A permit for an ADU shall automatically expire, and the building shall be brought into conformance with the zoning code, whenever: 1. The ADU is substantially altered and is no longer in conformance with the standards of this section; 2. The owner ceases to reside in either the principal or the accessory dwelling unit. 13. An ADU shall not exceed seventy-five percent of the gross floor area of the principal dwelling, or eight hundred square feet, whichever is less; provided, that the city may allow increased size if the ADU is located completely on a single floor in order to efficiently use all floor area.This process is available only for buildings existing: 1. On the effective date of Ordinance No. 3534-17 (March 8, 2017); or 2. At least three years prior to the date of application for conversion to an accessory dwelling unit. 114. Minimum Rear Setback. 1. Alley Lots. An ADU shall have no minimum rear setback. Parking Amendments 12 8/29/18