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HomeMy WebLinkAboutO-3351 - Accessory Dwelling Unit Interim RegulationsAccessory Dwelling Unit Interim Regulations Page 2 of 11 WHEREAS, significant reorganization of the code is needed to improve readability and to address the requirements of HB 1337; and WHEREAS, as it is most efficient to amend the Accessory Dwelling Unit and accessory structure standards concurrently, and will enhance readability to have these subjects in separate chapters, the existing Chapter 22C.180, Accessory Structures, is proposed to be repealed and replaced with two new municipal code chapters: 22C.180, Accessory Structures, and 22C.185, Accessory Dwelling Units; and WHEREAS, the City Council wishes to ensure broad public participation in the development of Accessory Dwelling Unit and accessory structure standards; and WHEREAS, ensuring broad public participation and drafting amendments to the municipal code require additional time; and WHEREAS, City staff have prepared interim regulations pertaining to Accessory Dwelling Units and accessory structures, for which environmental review occurred and for which a State Environmental Policy Act (SEPA) Determination of Non-Significance was issued on June 6, 2025; and WHEREAS, the State Growth Management Act (RCW 36.70A) requires notice and broad public participation when adopting or amending the City's comprehensive plan and development regulations; and WHEREAS, pursuant to RCWs 35A.63.220 and 36.70A.390, the Marysville City Council may adopt an interim zoning ordinance that extends for a period of up to six months, if the Council holds a Public Hearing on the interim zoning ordinance within sixty days after adoption and subsequently adopts findings of fact to support the interim zoning ordinance; and WHEREAS, applicants would be able to submit development applications under the proposed interim zoning ordinance; and WHEREAS, during this six-month period, the City Council will consider permanent Accessory Dwelling Unit regulations; and WHEREAS, while the interim zoning ordinance is in effect, the City Council will direct City staff to consider all relevant facts, perform all necessary analyses, and work with the Planning Commission to prepare permanent Accessory Dwelling Unit regulations; and WHEREAS, during this six-month period, an ordinance which includes permanent Accessory Dwelling Unit and accessory structure regulations will be drafted and processed according to applicable law, which will include a notice of Public Hearing(s), and consideration/action on the final ordinance by City Council; and WHEREAS, the City Council considered this interim ordinance during the Council’s regular meeting on June 23, 2025; WHEREAS, the City Council will hold a Public Hearing on July 14, 2025 to accept public testimony and to consider such interim zoning ordinance; and WHEREAS, the City Council adopts the findings and conclusions outlined in Section 2; and Accessory Dwelling Unit Interim Regulations Page 3 of 11 WHEREAS, the interim zoning ordinance is necessary for the public health, safety, and welfare; and WHEREAS, this is a public emergency ordinance necessary for the protection of public health and public safety, and should be effective upon adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The purpose of this interim zoning ordinance is to allow the City adequate time to complete the activities described in the recitals, which are incorporated by this reference. These activities will be performed while an interim zoning ordinance establishing interim Accessory Dwelling Unit and accessory structure regulations are in effect. The City Council finds that the adoption of an interim zoning ordinance for a six-month period will best serve the public interest. Said interim regulations are set forth in attached Exhibits A and B. Section 2. The City Council makes the following findings of fact and conclusions in support of the interim zoning ordinance. (1) The City Council adopts and incorporates the recitals above as findings. (2) The interim zoning regulations set forth in Exhibits A and B will allow for accessory dwelling units that comply with RCW sections 36.70A.680, 681, and 696, while establishing interim standards promote accessory dwelling units that align with the community’s vision. (3) It is in the best interest of City of Marysville to adopt interim accessory dwelling unit and accessory structure regulations at this time, pending further study and public engagement on the final development regulations. (4) The proposed interim zoning regulations will promote the public health, safety, moral, and general welfare, and are consistent with the goals and policies of the Comprehensive Plan. (5) This ordinance satisfies the procedural and substantive requirements of, and is consistent with, the GMA. Section 3. The City Clerk is authorized and directed to provide the necessary public notice and schedule a Public Hearing on this interim zoning ordinance to be held during the City Council’s regular meeting on July 14, 2025, or within 60 days of the adoption of this Ordinance, as provided in RCW 35A.63.220 and RCW 36.70A.390. After the Public Hearing, the City Council may adopt additional legislative findings in support of this Ordinance and/or otherwise modify the provisions of this Interim Zoning Ordinance. Accessory Dwelling Unit Interim Regulations Page 6 of 11 Exhibit A Chapter 22C.180 ACCESSORY STRUCTURES Sections: 22C.180.010 Purpose. 22C.180.020 Access structure standards. 22C.180.010 Purpose. The purpose of this chapter is to allow for residential accessory structures to be established which are incidental to the primary residential use of a single-family residence or Middle Housing residence, while ensuring compatibility with surrounding residential uses. The accessory structure must be clearly subordinate to the primary use. Accessory structures or uses may not be established until the principal structure is constructed on the property. 22C.180.020 Accessory structure standards. In the zones in which a residential accessory structure is listed as a permitted use, the community development director or designee shall review all proposals for accessory structures. The following standards and regulations shall apply to all proposed accessory structures. (1) Table 1 Front setback See MMC 22C.010.080 for standard lots and MMC 22G.080.080 for PRD lots. Side setback 5 feet Side street setback 10 feet along non-arterials; 15 feet along arterials Rear yard setback 1, 2, 3 5 feet (one-story structure); 10 feet (when the entrance faces the rear yard or for two-story or greater structure in PRDs); 15 feet (two-story structure or when accessory structure entrance faces an alley with right-of- way less than 10 feet wide)4 Building, and Impervious Coverage See MMC 22C.010.080 for standard lots or MMC 22G.080.080 for PRD lots Accessory Structure Footprint 5 On lots under one-acre, accessory structures not containing an accessory dwelling unit are further limited to 80 percent of the footprint of the primary residence. 6 Height 20 feet (lots under one acre)6; or Accessory Dwelling Unit Interim Regulations Page 7 of 11 30 feet (lots over one acre, or lots under one acre where the accessory structure contains an accessory dwelling unit) 1 Accessory structures in Planned Residential Developments are subject to the rear yard setbacks set forth in MMC 22G.080.080. 2 No more than 50 percent of the required rear setback area (i.e. back 20 feet of the lot) may be covered with accessory structures. 3 An accessory structure, which is located in the rear setback area, may be attached to the principal structure; provided, that no portion of the principal structure is located within the required yard setbacks for principal structures in the zone. 4 The increased alley setback applies to vehicle access points from garages, carports, fenced parking areas or other accessory structure. Exception: in the Downtown Neighborhood, the rear setbacks outlined in the table above may be reduced to two feet from the rear lot line; provided, that the alley right-of-way is a minimum of 20 feet in width. Where the alley right-of-way is less than 20 feet in width, the property owner shall be required to dedicate to the city sufficient property to widen the abutting alley to the full width as measured from the design centerline, to conform to the applicable road standards specified by the city engineer. Upon dedication of the necessary right-of-way, the rear setback may be reduced to two feet from the rear lot line. Where an existing, nonconforming structure located in the Downtown Neighborhood is internally remodeled to include an accessory dwelling unit, but the footprint of the structure is not increased, the structure can be allowed to remain at a zero setback; provided, that the right-of-way is 20 feet in width. 5 The community development director is specifically authorized to allow an increase in the size of a detached accessory structure over the requirements outlined in this table; provided, that the accessory structure(s) shall be compatible with the principal structure and/or neighborhood character. To make this determination, the community development director may consider such factors that include, but are not limited to, view obstruction, roof pitch, building materials, screening and landscaping, aesthetic impact on surrounding properties and streetscape, incompatible scale with dwellings on surrounding properties, and impact on neighborhood character. The community development director shall also have the authority to impose greater setback requirements, landscape buffers, or other locational or design requirements to mitigate the impacts of accessory structures which are greater in size than otherwise allowed by this section. 6 The community development director may allow minor deviations to the 20-foot height and the 80 percent building footprint limitations applicable to properties under one acre as necessary to accommodate industry standards for building dimensions. (2) A detached garage, carport or other permitted accessory structure may be in the front or side yard, or on the flanking street side of a corner lot, only if the applicant demonstrates to the satisfaction of the community development director that: (a) The accessory structure is consistent with the architectural character of the residential neighborhood where it will be located, and the principal structure on the lot; and Accessory Dwelling Unit Interim Regulations Page 8 of 11 (b) The accessory structure shall have a roof pitch similar to the principal structure and have siding and roofing materials similar to or compatible with those used on the principal structure. No metal siding or roofing shall be permitted unless it matches the siding and roofing of the principal structure, or unless it is a building material that is of a residential character such as metal tab roofing or other products consistent with standard residential building materials. Plans for the proposed accessory structure(s) indicating siding and roofing materials shall be submitted with the application. Accessory Dwelling Unit Interim Regulations Page 9 of 11 Exhibit B Chapter 22C.185 ACCESSORY DWELLING UNITS Sections: 22C.185.010 Purpose. 22C.185.020 Accessory dwelling unit standards. 22C.185.010 Purpose. The purpose of this chapter is to allow for accessory dwelling units, to be established which are incidental to the primary residential use of a single-family residence or Middle Housing residence, while ensuring compatibility with surrounding residential uses. The accessory dwelling unit(s) must be clearly subordinate to the primary use. Accessory dwelling units may not be established until the principal residence is constructed on the property. 22C.185.020 Accessory dwelling unit standards. In the zones in which an accessory dwelling is listed as a permitted use, the community development director or designee shall review all proposals to establish an accessory dwelling unit. The following standards and regulations shall apply to all proposed accessory dwelling units: (1) On each lot developed with a single-family residence, accessory dwelling units may be constructed subject to the standards set forth in Table 1 below. An accessory dwelling unit may not be located on a lot on which a temporary dwelling, as defined in Chapter 22C.110 MMC, is located. Table 1 Principal Dwelling Unit(s) Single family residence Middle Housing Number of Accessory Dwelling Units Allowed Per Lot 1 Two (2) Two (2) if the lot allows for a density of four (4) dwelling units per lot pursuant to MMC 22C.010.080. Note: The accessory dwelling unit(s) apply to the total allowed unit density for the lot. Owner Occupancy Requirement for Principal Dwelling or Accessory Dwelling Units None Allowed Accessory Dwelling Unit Configurations a) One attached unit and one detached unit; b) Two attached units; or Accessory Dwelling Unit Interim Regulations Page 10 of 11 c) Two detached units, which may be comprised of either one or two detached structures. Use as Short Term Rental Prohibited Minimum Size per Accessory Dwelling Unit 2 200 SF gross floor area Maximum Size per Accessory Dwelling Unit 2, 3 1,000 SF gross floor area or 50 percent of the total floor area of the single family residence, whichever is greater; provided that, in no case shall an accessory dwelling unit exceed 1,200 square feet1 Maximum Bedrooms per Accessory Dwelling Unit Two (2) Front setback See MMC 22C.010.080 for standard lots and MMC 22G.080.080 for PRD lots. Side setback 5 feet Side street setback 10 feet along non-arterials; 15 feet along arterials Rear yard setback 15 feet; provided that, the rear yard setback may be reduced to 10 feet for one-story structures, or for structures located in a PRD 5 On-lot structure separation A minimum of five (5) feet of separation is required between structures; provided that, this separation may be reduced if: (a) Adequate fire rating is provided between structures per the International Building Code; and (b) A 44-inch-wide paved pathway that is free of obstructions is provided between structures to ensure adequate access for emergency services. Building, and Impervious Coverage See MMC 22C.010.080 for standard lots and MMC 22G.080.080 for PRD lots. Height 30 feet Parking 6 See parking for Middle Housing in MMC 22C.130.030 Table 4. 1 On any lot that meets the minimum lot size required for the principal dwelling unit. 2 Floor areas shall be exclusive of garages, porches, or unfinished basements. Accessory Dwelling Unit Interim Regulations Page 11 of 11 3 The community development director is authorized to conditionally allow an attached accessory dwelling unit greater than the maximum size limit within existing structures, when a denial of such an increase would result in an unreasonable division of interior space between the ADU and the primary dwelling unit. 4 Existing structures, including but not limited to detached garages, may be converted to accessory dwelling units, even if they do not comply with current code requirements for setbacks or building coverage. 5 Detached accessory dwelling units may be built at a lot line, if the lot line abuts a public alley. 6 No parking areas other than driveways may be in front yards. When the property abuts an alley, parking areas must be accessed from the alley. (2) 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. In no case shall a detached accessory dwelling unit have axles or be on a chassis. (3) The city may not prohibit the sale or other conveyance of a condominium unit independently of the principal structure solely on the grounds that the condominium unit was originally built as an accessory dwelling unit. (4) The provisions of this section do not apply to portions of lots designated with critical areas or their buffers as designated in RCW 36.70A.060, or to lots in a watershed serving a reservoir for potable water if that watershed is or was listed, as of July 23, 2023, as impaired or threatened under section 303(d) of the Federal Clean Water Act (33 U.S.C. Sec. 1313(d)). (5) In addition to the conditions that may be imposed by the community development director, all accessory dwelling units shall also be subject to the condition that the use shall be discontinued if: (a) The accessory dwelling unit is substantially altered and no longer conforms with the plans approved by the community development director and the building official; or (b) The subject lot ceases to maintain the required parking spaces outlined in MMC 22C.130.030 Table 4. If the deficiencies outlined in subsections (a) and (b) are remedied, the community development director may allow the use to be reestablished.