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)