Loading...
HomeMy WebLinkAboutO-3203 - Amendments to MMC related to ADU'sCITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. 32n5 AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, RELATING TO AMENDMENTS TO THE MARYSVILLE MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS, INCLUDING AMENDMENTS TO MARYSVILLE MUNICIPAL CODE SECTIONS 22A.020.020, 22A.020.050, 22A020.090, 22A.020.120, 22A.020.140, 22A.020.160, 22A.020.200, 22C.130.030 AND 22C.180.030 WHEREAS, the State Growth Management Act, RCW Chapter 36.70A mandates that cities periodically review and amend development regulations which include but are not limited to zoning ordinances and official controls; and WHEREAS, RCW 36.70A.106 requires the processing of amendments to the City's development regulations in the same manner as the original adoption of the City's comprehensive plan and development regulations; and WHEREAS, the State Growth Management Act requires notice and broad public participation when adopting or amending the City's comprehensive plan and development regulations; and WHEREAS, the 1993 Washington Housing Policy Act established RCW 43.63A and RCW 36.70A.400 and requires cities to incorporate development regulations for accessory dwelling units; and WHEREAS, the City of Marysville adopted accessory dwelling unit standards in 2002 by Ordinance 2415, later repealed and replaced by Ordinance 3093 in 2018; and WHEREAS, the Washington State Legislature passed multiple bills between 2019 and 2021 encouraging land use authorities to provide more flexibility into adopted accessory dwelling unit development standards, including the removal of the owner-occupancy requirement, increase in maximum size limits and removal of off-street parking requirements; and WHEREAS, the Washington State Legislature passed Engrossed Substitute Senate Bill 6616 in 2020, amending chapter 36.70A RCW and adding a new definition for "major transit stop," and prohibiting cities from requiring off-street parking for accessory dwelling units within one-quarter mile of a major transit stop; and WHEREAS, the Washington State Legislature passed Engrossed Substitute Bill 5235 in 2021 amending Chapter 36.70A and adding definitions for "owner" and "short-term rental" and prohibiting cities from limiting the number of unrelated persons that may occupy a household or dwelling unit, except for group living arrangements regulated under state law or for health and safety provisions established by building code or city ordinance; and WHEREAS, the City, in reviewing and amending its development regulations has complied with the notice, public participation and processing requirements established by the Growth Management Act, as more fully described below; and Code Amendments ADU Amendments Page 1 of 8 WHEREAS, the City Council of the City of Marysviiie finds that from time to time It is necessary and appropriate to review and revise provisions of the City's municipal code and development code (MMC Title 22); and WHEREAS, during public meetings on September 28, 2021, November 9, 2021 and November 23, 2021, the Planning Commission discussed proposed amendments related to accessory dwelling units; and WHEREAS, the development code amendments are consistent with the following required findings of MMC 22G.010.520: (1) The amendments are consistent with the purposes of the comprehensive plan; (2) The amendments are consistent with the purpose of MMC Title 22; (3) There have been significant changes in the circumstances to warrant a change; (4) The benefit or cost to the public health, safety and welfare is sufficient to warrant the action. WHEREAS, on December 14, 2021, the Marysviiie Planning Commission held a duly- advertised public hearing, and recommended that the City Council adopt the proposed amendments to the City's development regulations; and WHEREAS, at a public meeting on January 10, 2022, the Marysviiie City Council reviewed and considered the Marysviiie Planning Commission's Recommendation and proposed amendments to the City's development regulations; and WHEREAS, the City of Marysviiie has submitted the proposed development regulation revisions to the Washington State Department of Commerce on November, 2021 (Material ID 2021-5-3426) seeking expedited review under RCW 36.70A.106(3)(b) and in compliance with the procedural requirements of RCW 36.70A.106; and WHEREAS, the amendments to the development regulations are exempt from State Environmental Policy Act review under WAG 197-11-800(19); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO ORDAIN AS FOLLOWS; Section 1. Amendment of Municipal Code. MMC Section 22A.020.020, entitled "A" definitions, is hereby amended as follows: 22A.020.020 ''A" Definitions. "Accessory dwelling unit" or "ADU" family lot. means an Independent living space that is self-contained with its own ingress and eoress. kitchen, bathroom and sleeoinQ area attached or detached to a orimarv dwelling unit on a sinale-famiiv lot. ADDS are knows variously as: (1) "Mother-in-law apartments"; (2) "Accessory apartments": or (3) "Second units." Code Amendments ADU Amendments Page 2 of 8 Section 2. Amendment of Municipal Code. MMC Section 22A.020.050, entitled "□"definitions, is hereby amended as follows: 22A.020.050 "D" Definitions. "Dwelling unit" means a building, or portion of a building, that has independent living facilities including provisions for sIcGping, cooking, ond sanitation kitchen, sleeping, and bathroom facilities, and Is designed for residential occupancy-by 0 group of people. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units unless the additional cooking facilities are clearly accessory, such as an outdoor grill. Section 3. Amendment of Municipal Code. MMC Section 22A.020.090, entitled "H" definitions, Is hereby amended as follows: 22A.020.090 "H" definitions. "Household" means a housekeeping unit consisting of: (1) An individual; (2) Two or more persons related by bloody ef marriage, adoption, or guardianship, and including foster children and exchange students: (3) A group of two or more disabled residents protected under the Federal Fair Housing Amendment Act of 1988; (4) Adult family homes or enhanced services facilitv as defined under Washington State law; or (5) A group living arrangement where six or fewer residents receive support services such as counseling, foster care or medical supervisions at the dwelling unit or nonresidential staff; (6)—Up to nix ror^idonts not rGlntod bv blood or morriagGConsistent with the International Building Code fIBCT up to one unrelated person per 200 square feet per gross floor area of anv dwelling unit, or in conjunction with any of the above individuals or groups, may occupy a dwelling unit. For purpOGOG of rs living with porcnt or Icgol guardion shall not be counted (7) For the purposes of this section, minors living with parent, legal custodian, fincluding a foster parent"), or legal guardian shall not be counted as part of the maximum number of residents. (8) Anv limitation on the number of residents resulting from this definition shall not be applied in a manner inconsistent with the Fair Housing Amendment Act of 1988. 42 U.S.C 360. et seq.. the Washington law Against Discrimination. Chapter 49.60 RCW. and/or the Washington Housing Policy Act. RCW 46.63.220. Section 4. Amendment of Municipal Code. MMC Section 22A.020.012, entitled 'K" definitions, is hereby amended as follows: 22A.020.012 ''K" definitions. "Kitchen" means anv room or area used, intended, or designed to be used for the cooking or preparation of food and contains a sink, refrigerator and cooking appiiances or rough in faciiities including, but not limited to: ovens, convection Code Amendments ADU Amendments Page 3 of 8 ovens, stoves, stove tops, built-in grills or microwave ovens or similar appliances. 220 volt electrical outlets, exhaust fans, or anv oas lines. Section 5. Amendment of Municipal Code. MMC Section 22A.020.140, entitled "M" definitions, is hereby amended as follows: 22A.020.140 "M" definitions. "Maior transit stop" means: (1) A stop on a high caoacitv transportation system funded or expanded under the provisions of changer 81.104 RCW: (2) Commuter rails stoos: (3) Stops on bus rapid transit routes or routes that run on high occuoancv vehicle lanes: or (4) Stops for a bus or other transit mode providino fixed-route service at intervals of at least fifteen minutes during the oeak hours of operation. Section 6. Amendment of Municipal Code. MMC Section 22A.020.160, entitled "0" definitions, is hereby amended as follows: 22A.020.160 ''O" definitions. "Ownership/Ownership interest"^—Owners arc means all persons having real property interest. Owners include, with respect to real property: (1) Holder of fee title or a life estate; (2) Holder of purchaser's interest in a sale contract In good standing; (3) Holder of seller's interest in a sale contract in breach or in default; (4) Grantor of deed of trust; (5) Presumptively, a legal owner and a taxpayer of record; (6) Fiduciary representative of an owner; (7) Person having a right of possession or control; or (8) Any one or a number of co-owners, including joint, in common, by entireties and spouses as to community propertyv: or (9) Anv person who has at least 50 percent ownership in a prooertv on which an accessory dweliina unit is located. Section 7. Amendment of Municipal Code. MMC Section 22A.020.200, entitled "S" definitions, is hereby amended as follows: 22A.020.200 "S" definitions. "Short-term rental" means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a Quest bv a short-term rental operator for a fee for fewer than 30 consecutive nights. Section 8. Amendment of Municipal Code. MMC Section 22C.180.030, entitled "Accessory dwelling unit standards," is hereby amended as follows: 22C.180.030 Accessory dwelling unit standards. In the zones in which an accessory dwelling is listed as a permitted use, the community development director shall review all proposals to establish an Code Amendments ADU Amendments Page 4 of 8 accessory dwelling unit. The following standards and regulations shali appiy to all proposed accessory dwelling units: (1) An owner-occupant of a single-famiiy dweliing unit may estabiish only one accessory dwellino unit per residential lot, which may be attached to the single- famiiy dwelling or detached in an accessory building. An accessory dwelling unit may not be located on a lot on which a temporary dweiling, as defined in Chapter 22C.110 MMC, is located. (2) The single-family dwelling unit must be owner-occupied on the date of application and remain owner-occupied for as long as the accessory unit exists. A covenant shall be required which is signed by the owner and to be recorded with the Snohomish Countv Auditor ensuring owner occupancy, prior to orantina occupancy of the accessory dweiiino unit against the property og port of the (3) The floor area of the accessory dwelling unit shall not exceed 35 50 percent of the total floor area of the single-family dwelling and shail comply with the density and dimensional requirements set forth in MMC 22C.010.080. The community development director is authorized to conditionally allow an attached accessory dwellino unit greater than the maximum size limit within existing structures, when a denlai of such an increase would result in an unreasonable division of interior space between the ADD and the primary dwelling unit. (4) The community development director Is authorized to conditionally allow a deviation of the setbacks set forth in MMC 22C.010.080 of an existing detached accessory structure to be converted to an accessory dwelling unit, subject to the following conditions: (a) The application shail be subject to the public notice criteria outlined in MMC 22G.010.090 and is subject to a $250.00 permit processing fee in addition to the accessory dwelling unit land use review fee outlined in MMC 22G.030.020; (b) The existing detached accessory structure was constructed prior to the effective date of Ordinance 3093, adopted on May 14, 2018; (c) The applicant shall be required to demonstrate that the existing detached accessory structure was legally permitted and complied with the required structure setbacks in effect at the time the accessory structure was constructed; (d) If the existing detached accessory structure is determined to be legal nonconforming, conversion to an accessory dweiiing unit shali not increase the pre-existing degree of nonconformance; (e) The accessory dweliing unit shall not result in a lack of compatibility with existing and potential uses in the immediate area; (f) Adverse impacts of the proposed accessory dwelling unit shall be mitigated by site design elements such as landscaping, fencing and general visual improvement of the property; and (g) Adequate provisions must be made for public improvements such as sewer, water, drainage, pedestrian and vehicular circulation. (45) In no case shall the accessory dwelling unit be less than 300 200 square feet in size, or have more than two bedrooms. Floor areas shall be exclusive of garages, porches, or unfinished basements. (61 In no case shall a detached accessory dwelling unit have axels or be on a chassis. (57) The architectural character of the single-family dwelling shall be preserved. Exterior materials, roof form, and window spacing and proportions shall match that of the existing single-family dwelling. Only one main entrance shall be permitted Code Amendments ADU Amendments Page 5 of 8 on the front (street face) of the dwelling; provided, that this limitation shall not affect the eligibility of a residential structure that has more than one entrance on the front or street side on the effective date of the ordinance codified in this chapter. (68) One off-street parking space shall be provided and designated for the accessory dwelling unit (in addition to the two off street parking spaces required for the primary single family dwelling unit), unless the accessorv dwellinc unit is located within one-ouarter mile of a maior transit stop. No additional parking is required for accessorv dwelling units within one-auarter mile of a malor transit StOD. If oarkinq is required. Ddrivewavs may be counted as one parking space but no parking areas other than driveways shall be created in front yards. When the property abuts an alley, the off-street parking space for the accessory dwelling unit shall gain access from the alley. An owner occupant of o single family dwelling with on accessory dwelling (89) The owner-occupant(s) may reside in the single-family dwelling unit or the accessory dwelling unit. flO") Accessorv dwelling units are not permitted as a short-term rental. (911) In addition to the conditions which that mav be imposed by the community development director, all accessory dwelling units shall also be subject to the condition that such a permit will automatically expire whenever: (a) The accessory dwelling unit Is substantially altered and Is thus no longer in conformance with the plans approved by both the community development director and the building official; or (b) The subject lot ceases to maintain at least three off-street parking spaces, when said accessorv dwelling unit is bevond one-ouarter mile from a maior transit stoo: or (c) The owner ceases to reside in either the principal or the accessory dwelling unit; provided, that in the event of illness, death or other unforeseeable event which prevents the owner's continued occupancy of the premises, the community development director may, upon a finding that discontinuance of the accessory dwelling unit 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 community development director may grant an extension of such suspension for one additional year, upon a finding of continued hardship. Section 9. Amendment of Municipal Code. MMC Section 22C.130.030, entitled "Minimum required parking spaces," is hereby amended as follows: Table 1: Minimum Required Parking Spaces LAND USE MINIMUM REQUIRED SPACES RESIDENTIAL USES Single-family dwellings, duplexes. 2 per dwelling unit for residents plus 1 additional guest parking space per dwelling unit; provided: Code Amendments ADU Amendments Page 6 of 8 Table 1: Minimum Required Parking Spaces LAND USE MINIMUM REQUIRED SPACES townhouses, and mobile homes 1. An enclosed private garage may be utilized to meet the required parking for residents. Driveways can be counted as resident or guest parking spaces, provided said driveway complies with the bulk and dimensional requirements outlined in Table 2; and 2. Parking spaces behind other required parking spaces (a.k.a. "tandem parking") shall not be counted towards the 2 required parking spaces per dwelling for the residents; however, tandem parking can be counted as a guest parking space. Accessory dwelling units No additional oarkino reouired If located within one quarter- mile of a maior transit stoo: otherwise. 1 oer accessorv dwelling unit. Studio apartments 1.25 per dwelling unit Multiple-family dwellings, one bedroom 1.5 per dwelling unit. Parking spaces behind other required parking spaces (a.k.a. "tandem parking") shall not be counted towards the 1.5 required parking spaces in a multifamily development; however, tandem parking can be counted as a guest parking space, when required. Multiple-family dwellings, two or more bedrooms 1.75 per dwelling unit. Parking spaces behind other required parking spaces (a.k.a. "tandem parking") shall not be counted towards the 1.75 required parking spaces in a multifamily development; however, tandem parking can be counted as a guest parking space, when required. Retirement housing and apartments 1 per dwelling Mobile home parks 2 per unit, plus guest parking at 1 per 4 lots Rooming houses, similar uses 1 per dwelling Bed and breakfast accommodations 1 space for each room for rent, plus 2 spaces for the principal residential use Section 10. Amendment of Municipal Code. MMC Section 22A.010.160, entitled "Amendments," is hereby amended as follows by adding reference to this adopted ordinance in order to track amendments to the City's Unified Development Code (all unchanged provisions of MMC 22A.010.160 remain unchanged and in effect): 22A.01Q.160 Amendments. The following amendments have been made to the UDC subsequent to Its adoption: Code Amendments ADU Amendments Page 7 of 8 Ordinance Title fdescription) Effective Date 3-k)3 Accessory Dwelling Units ^ I , 2022" Section 11. Severabllltv. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstltutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. Section 12. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener's errors or clerical mistakes; references to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections Section 13. Effective Date. This ordinance shall become effective five days after the date of its publication by summary. PASSED by the City Council and APPROVED by the Mayor this day of 2022. CITY OF MARYSVILLE By: JON ly^HRIlfe, Attest: By: DEPUTY CITY CLERK, aents>t<ft eieJM Approved as to form: By: ^ JON WALKER, CITY ATTORNEY Date of Publication: 11 IH ( Effective Date: V | \^ | %olX (5 days after publication) Code Amendments ADU Amendments Page 8 of 8