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HomeMy WebLinkAbout2448 Accessory Dwelling UnitsORDINANCE AN ORDINANCE pertaining to zoning; defining and allowing accessory dwelling units under certain prescribed conditions in the R-I, R-IA and P-I zoning districts; amending section 17.16.010, adding new sections to the Port Townsend Municipal Code and establishing an effective date therefor. The City Council of the City of Port Townsend finds as follows: Rising housing costs-have created hardships for an increasing number of local residents, causing some who work in Port Townsend to look outside of the city for affordable housing. The Port Townsend Comprehensive Plan (1981) includes in Chapter 8 Goals and Policies for Housing and Residential Development. These policies encourage a mixture of various types and densities of residential dwellings and innovative residential development. Upgrading and renovation of deteriorating structures is also encouraged. As recently expressed through the Port Townsend 2020: Getting Together project and documented in the Communi _ty Direction Statement, City Council Resolution 94-65, Port Townsend citizens value the traditional diversity of the community and seek to protect and enhance housing opportunities for people in all stages of life and all levels of financial means as an essential element of a diverse community. Many residents have found it necessary and desirable to share their housing as a means to cope with rising housing costs. Accessory dwelling units may allow some homeowners to retain their homes with the assistance of rental income and shared maintenance duties. Some residents may find that they may be able to purchase a house which would otherwise exceed their means with the assistance of rental income from an accessory rental unit in the house. Current single-family zoning use restrictions present an unreasonable obstacle to private shared housing arrangements and these restrictions may be relaxed while preserving neighborhood quality and tranquility. ORmNANCE ,~ 'Iq ~ - 1 - '(PORT TOWNSEND, 2/95) Allowing accessory dwelling units would reduce government regulation and allow more citizens to meet their housing needs through private shared housing alternatives without need of public subsidy. Allowing accessory dwelling units under certain prescribed conditions to preserve neighborhood quality and tranquility is necessary to protect public safety and welfare. Now, Therefore, the City Council of the city of Port Townsend in regular session assembled does hereby ordain as follows: Section 1. A new section 17.08.012 is hereby added to the Port Townsend Municipal Code to read as follows: 17.08.012 Accessory_ Dwelling Unit. "Accessory Dwelling Unit" means a separate dwelling unit with separate cooking facilities that is substantially contained within the structure of a single-family residence or an outbuilding which is accessory to such residence. Section 2. Section 17.16.010 is hereby amended to read as-follows: 17.16.010 Purposes of districts--Table of permitted uses. Within the various use districts as indicated on the official zoning map of Port Townsend, Washington, and subject to the requirements of Sections 17.16.020 and 17.20.010, no land, building, or structure shall be used and no building or structure shall be erected which is intended or designed to be used, in whole or in part, for any of the uses indicated in the "conditional" column without specific approval of the board of adjustment. The criteria of Section 17.64.040 shall guide the board in granting or withholding approval. Permitted uses in the various use districts are indicated by an "x" in the appropriate column of the accompanying table. With the exception of conditional uses, as regulated in Sections 17.64.040 through 17.64.060, only those uses appearing below are deemed to be in the interests of public health, safety, morals, and the general welfare of the citizens of Port Townsend. DISTRICT Public - P-I PURPOSE Primarily a public use district devoted to schools, public buildings, parks, and related uses. Single-family Residential - R-I ((gnetasiv~)) Primarily a single-family residence district with adequate plot areas required and including the customary accessory secondary uses, with accessory_ dwelling units also allowed. Single-family Residential - R-I(A) ((gnetasive~)) Primarily a single-family residence district with adequate plot areas required and including ORDINANCE ~ ~ 4' ~ - 2 - (PORT TOWNSEND, 2/95) Single-family Residential - R-II Multiple Family Residential - R-III Neighborhood Commercial - C-I General Commercial - C-II Community Commercial - C -III Light 'Manufacturing or Industry - M-I the customary accessory secondary uses, with agricultural use and accessory dwelling units also allowed. Primarily a single-family residence district, and low- density multiple residence district, requiring five thousand square feet of building tract for each single- family dwelling unit~ but permitting four or less single- family dwelling units to be contained within one structure upon condition of sufficient tract siZe: ten thousand square feet for a duplex, fifteen thousand square feet for a triplex, and twenty thousand square feet for a fourplex. Primarily a multiple-family residence district with adequate plot areas required and including some single- family residences and the customary accessory and secondary uses. Exclusively a neighborhood district for the provision of convenience shopping for a limited residential area and Which involves retail enterprises dispensing commodities, providing professional services, or providing personal services to the individual. Primarily a general commercial district for the conduct of enterprise which depends on proximity to major streets or arterials for trade or transportation. Primarily for the conduct of retail trade, administrative and professional offices, and service to the general public, in the central business district, with emphasis on large scale store and specialized shops serving the community trading area. Partial use as apartments is a permitted use. Partial use as custom, art and craft work, and/or light manufacturing may be established as a conditional use subject to the restrictions set forth in Section 17.16.030(E). Incidental assembly or modification of products for retail sale, including but not limited to clothing, flower arranging, picture framing and photo processing, may be permitted as accessory use to a permitted use. ORDINA~C]~ C~ 'q4 ~3 3 (PORT TOWNSElVD, 2/95) Manufacturing or Industry - M-II Primarily for light manufacturing, processing, fabrication and assembling of products or materials, warehousing" and storage, and transportation facilities. Primarily for heavy manufacturing, processing, fabrication and assembling of products or materials. A¢¢c~or7 u.~a and ~cture~ is~id~ntal to any X X X X X pe~d ~sidenfial u~, ~ch u ~' q~, ga~ges, ~e~s or wo~s, p~vid~ ~t ~ne ~all be ~d or ~cupi~ for gain, ~t ~ acce~ bu~d~ ~ be u~d for ~ q~ ~1 be comtmc~d upon a plot u~l ~e co~mction of ~e ~in bulldog has ~o~. Aeces~ u~s clearly ~iden~l ~ a pe~d u~ X X X X X and which w~ ~t e~ a ~i~e or h~. Aeeesm~ dwelling u~ as pe~d by S~tion ~ ~ ~ 17.16.050. Aeetyle~ gas ~nufaem~ a~or ~nge X X Section 3. A new section 17.16.050 is hereby added to the Port Townsend Municipal Code to read as follows: 17.16.050 Accessory Dwelling Units. One accessory dwelling unit (ADU) may be established as an accessory use to a single-family residence provided the following conditions are continuously met: A certificate of occupancy pursuant to the Uniform Building Code shall be obtained from the building official and posted within the ADU. The code inspection and compliance required to obtain a Certificate of Occupancy in an existing building shall be restricted to the portion of the building to be occupied by an ADU and shall apply only to new construction rather than existing components, except that any high hazards (i.e., smoke detectors, fire exits, stairways, LP gas appliances and fire separation) shall be corrected. Where additional fire separation is unduly burdensome, the building official may authorize a fire alarm system in lieu of required fire separation. ORDINANCE ~ "~4 8 - 4- (PORT TOWNSEND, 2/95) The owner of the subject property shall reside on the premises, either in the main. or accessory dwelling. Provided, that in the event of illness, death or other unforeseeable event which prevents the owner's continued occupancy of the premises, the director may, upon a finding that discontinuance of the ADU would cause a hardship on the owner and/or tenants, grant a temporary suspension of this owner- occupancy requirement for a period of one-year. The director may grant an extension of such suspension for one additional year, upon a finding of continued hardship. In the case of an ADU established prior to the effective date of this ordinance but after the effective date of the Port Townsend Zoning Code (August 17, 4x)9t-), if the ADU complies with all of the requirements of this ordinance except owner-occupancy, the ADU may continue without occupancy by the owner until the property is sold, exchanged or otherwise transferred to a different owner. Neither the main or accessory dwelling unit shall be used as a transient accommodation. ADUs established in an outbuilding shall not be larger than 800 square feet in floor area; provided, that ADUs shall not be established in an outbuilding constructed after the effective date of this ordinance if the total floor area of the portion of the outbuilding occupied by the ADU exceeds fifty percent (50%) of the total floor area of the main residence building. In order to preserve the outward appearance of single-family neighborhoods, the front of the house shall have only one exterior entrance. An ADU may be established in a residence or outbuilding which is legal, nonconforming with respect to required setbacks if entrances are no closer than five feet to neighboring property lines, and if each side window which is closer than five feet to a side property line and which is also closer than twenty feet to either the front or rear property line is permanently glazed with translucent material; provided that the director may permit an entrance as close as three feet to a neighboring property line upon a finding that no feasible alternative exists. No additional off-street parking is required to establish an ADU, provided that the off-street parking requirements for the other uses on the site are continuously met. Exception for legal, nonconforming accessory dwelling units. In the case of an ADU ~tablished prior to the effective date of the Port Townsend Zoning Code (August 17, 1971) ~'" ~j .~and continuously occupied thereafter, the ADU may continue without compliance with ~ subparagraphs 2 ~t'4, of this section, provided a certificate of occupancy Is obta,ned pursuant to subparagraph 1 of this section. . Section 4. Fees and development requirements. The fee for inspection and issuance of a certificate of occupancy for an accessory dwelling unit shall be the same as that established ORDINANCE r~ ~/~ 9 - 5 - (PORT TOWNSEND, 2/95) in the currently adopted Uniform Building Code for a special inspection. For the purpose.s of determining system development charges or utility or infrastructure requirements, a single- family residence with an accessory dwelling unit which does not separately connect to city water or sewer service shall have the same charges and the same requirements as a single- family residence without an accessory dwelling unit. Section 5. Severability. In the event any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this. ordinance, but this ordinance shall be construed and enforced as if such invalid provision had not been contained therein; provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Section 6. Effective Date, This ordinance shall become effective five days after its passage and publication as provided by law. Read for the first, second and third time times and passed by the City Council of the Ci~rt Townsend, Washington, at a regular meeting thereof, held this ~,,~/ 5_7. x"-'2'""'-?~(m M.'~Yffse, Mayor . !1 to First reading: oq~'~f/- ?5" Passage: Second reading: o~ ~o2/- q~,5" Publication: Third reading: _.2 ,-2/~ ~0'~ Effective: :~-~- 93- ORDn~ANC~. ~ 4 4 ~ - 6 - (PORT TOWNSEND, 2/95)