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HomeMy WebLinkAbout11-07-16 CC Mtg - FYI1. UDC Update and Policy Framework Preparation Memo Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, Senior Planner Martin Matsen, Director of Community Development SUBJECT: Unified Development Code update progress report and infill policy framework preparation MEETING DATE: November 7, 2016 AGENDA ITEM TYPE: For your information RECOMMENDATION: Not applicable Project summary The City is revising the development code. The purpose of this project is to review and update as needed the Unified Development Code (UDC) for the City of Bozeman. Primary objectives of the revisions are to improve and enhance the code to, in part, create more: • Consistency (with other policies/standards/plans), • Clarity, • Compatibility/appropriateness (with transition areas), • User-friendliness, • Flexibility, and • Predictability The update will be completed in a two-step process. Step one focused on the North Seventh Avenue corridor (“Midtown”) and urban renewal/tax increment district (TIF); and creating a new more user friendly organization and presentation of the development code that will carry through the entire chapter 38. This step entailed preparing text/graphic zoning concepts for Midtown that focus on mixed-use infill that fulfills the goals of the urban renewal district. The intent was also to create a design handbook, image catalog, or visual representation of what the Midtown code provisions will do and will allow, or not allow. Step two is to continue the evaluation of the Unified Development Code, Chapter 38, BMC, make recommendations on the organization, presentation and create revised code for adoption. Staff and others have identified 15 broad issues and more than 150 specific code revisions this update intends to address. In addition, the Community Development Department will integrate current code updates in process including cash-in-lieu of parkland, subdivision review process, Neighborhood Conservation Overlay District (NCOD) demolition, and others into the overall code update. 341 Progress to date Step one is complete  Creation of two new zoning districts; B2-M and R-5 to address the Midtown corridor plan  Revisions to the extent of the Entryway Corridors to reflect the block frontage approach for B2-M and R-5  Creation and adoption of a streamlined site plan review process  Modifications to the review process and of the Wetlands Review Board  Zone map modifications to implement the Midtown corridor plan Step two completed tasks  Reorganization and re-numbering is complete  Revised subdivision review processes accepted by City Commission  Adopted and in effect Cottage Housing ordinance  Revisions to the cash-in-lieu of parkland dedication accepted by City Commission  Cash-in-lieu of infrastructure – to be effective Dec. 7th  Intersection level of service standard – to be effective Dec. 7th  Maintenance of property and process revisions for demolition of historic properties (partial with final revisions to return to the Commission) Step two tasks to complete include (see attached adoption schedule; web link HERE)  Revised covenants and condominium amendments. First public hearing was held on October 24, 2016. Revisions per Commission direction being developed.  Determine best alternative to integrate the City’s Design Objectives Plan into base development code. Current proposal was presented and discussed at a number of city wide open houses related to the code update project. For draft information please refer to the Community Design Framework Overview Map found under the UDC Update web site.  Water adequacy, quality and quality provisions (part one will brought before the Commission shortly, part two is expected early winter)  Detailed amendments to correct and improve known issues listed on the comprehensive code correction list. The correction list is hosted on the City web site and will be updated to include the expected amendment that will address the line item.  Develop in-fill provisions alternatives for discussion (see below for more detail). In fill provisions may include: o Modifications to accessory dwelling units standards (attached and detached) o Density and dimensional standards. Changes made may mean modifications to the adopted Affordable Housing Ordinance (Ordinance No. 1922). o Small lot provisions o Revisions to existing in-fill programs o Arterial and Collector street setback back requirements  Water related amendments to address water quality and quantity  Changes to definitions  Revise permitted uses in zoning districts to address conditional and non-conditional review process  Develop and integrate enhanced visual graphics to describe and clarify code language  Possible modifications to the City Zone Map to fully implement the amendments  Final repeal and replace of all amendments Numerous other revisions have been identified through the process. Those amendments determined as critical for the UDC update will be addressed through this project. Specifically, 342 staff identified a number of minor of code revisions omitted in the step one amendments. Four code amendments will be brought before the Commission on November 21, 2016 under Ordinance No. 1962, 1963, 1964, and 1965. Other identified amendments will be addressed through ongoing text amendments handled by City staff as permitted. Upcoming Infill Discussion and Draft Amendments – December 5, 2016 The next set of amendments and revisions revolve around “infill.” Infill has many definitions depending on one’s perspective. Significant discussion has occurred on the subject including the creation of a policy work session and City Commission tour held on September 23, 2013. Excerpts from this memo include a general description of infill along with some illustrative examples of circumstances in which infill would occur. Please click HERE for the information. These are working descriptions and subject to change as the infill policy develops. Generalized definition: Infill is either the intensification of development or redevelopment on a site which was previously developed for urban use; or the initial development of vacant property located with historically developed neighborhoods. Infill Circumstances 1) Addition or provision of infrastructure to previously underserved areas within the outermost boundaries of the City without an immediate increase in intensity or change in type of development. Example of Western Drive. 2) Reinvestment in existing properties and buildings to enhance their functionality and to increase their value and improve their appearance while not materially increasing the intensity of use. Ex. Red Barn at 15th & Main Street. 3) Significant intensification of use, often including new building construction, on sites previously developed but which are substantially underutilized within the limitations of development standards. Ex. Brownfields like Idaho Pole, redevelopment like Northside PUD on Rouse Ave., or intensification like the Etha Hotel. 4) Development on proportionately small previously undeveloped areas located within neighborhoods which have been developed for at least 25 years. Ex. the field between the Fairgrounds and N. Fifth Avenue; or the lot at West Babcock and Meagher Avenue. Outreach Staff continues outreach to the community to determine the palatability of proposed alternatives. All proposals continue to be brought before the UDC Advisory Committee for consideration. Staff is going before the Inter Neighborhood Council (INC) on November 10, 2016 to discuss attached and detached ADU’s and other possible “in-fill” provisions and will report back to the Commission on the discussion. General Discussion Points There are common infill challenges including (not an exhaustive list): 1. difficulty of land assembly to create sites suitable for current needs, reluctance of lending sources for more complex, non-greenfield sites, uncertainty of costs for environmental clean up or structural conditions, 2. Conflict with regulatory standards with non-conforming sites or buildings, 3. Need to work within established ownership and physical boundaries requires creativity and may increase costs for things like staging areas, 4. Perceived or real conflict with adjacent owners and occupants who may resist change, and 343 5. More challenging coordination for infrastructure upgrades with existing conditions and users. Setting aside those challenges the City has limited ability to address, staff will propose a number of amendments to alter existing code to further the goals and objectives of the Bozeman Community Plan to achieve more viable regulatory framework to facilitate those goals. Proposal one Generally, staff is proposing fundamental changes in how we administer standards for front yards. We will propose the elimination of Entryway Corridors, special Arterial and Collector yard requirements for non-residential districts and replacing those with standard commercial and industrial minimum and/or maximum front yards, Block Frontage framework (see UDC update web site), and integrating the intent of the existing standards from the DOP as simple site and building standards (see the B-2M District as an example). Proposal two Modifications to dimension and design standards associated with accessory dwelling units. To more fully understand issues and show other examples of ADU’s Staff has attached a “general ADU issues” sheet for reference. In addition, our consultant team prepared a ADU comparison chart to assist in developing best practice for Bozeman. Based on these analysis possible changes to Bozeman’s ADU provisions include decreasing lot coverage maximums, parcel size requirements, sidewall height limitations, and allowing ground floor detached ADUs. All ADU proposed changes are for discussion only and require additional design requirements to insure the development of ADU do not materially harm adjacent property owner’s enjoyment of their property. Proposal three Proposal three includes various adjustments to further the Bozeman Community Plan and address known issues of our development code. These revisions may include clarification of double frontage lots, transitions between zoning districts and individual developments; minimum and maximum parcel size, and augmenting review criteria associated with 38.19.100.A.4, BMC. Staff will be back before the Commission on December 5, 2016 to present detailed options addressing the infill provisions the City currently utilizes and proposed modifications and additions to fully implement the City’s effort to fulfill its goals and objectives of the Bozeman Community Plan. The aforementioned proposals necessitate a holistic approach for review because they are interrelated and dependent on one another. Due to the many elements involved with infill development I would anticipate some amendments may be complex and require follow up discussion. ALTERNATIVES: As identified by the Commission Attachments: Adoption Schedule, General ADU Issues, ADU Comparison Chart Report compiled on: October 26, 2016 344 Bozeman UDC Code Update Review & Adoption Schedule November 2, 2016 Component & Sub-category Ref # % Compt. Lead 2nd Ord # Notice dates Other Advisors Advisory Committee Zoning Commission Planning Board CC Effective Date Midtown area zoning provisions (ZCA) 100% TR CS 1942 June 8 Midtown Zoning district changes (ZMA) 100% TR CS 1943 June 8 Entryway corridor revisions 100% TR CS 1946 June 8 Site plan process changes (concept review, etc.) 100% TR CS 1944 June 8 Wetland Review Board revisions 100% TR CS 1945 June 8 Cottage Housing ordinance 100% CS 1952 May 9 June 21 June 27 Aug 10 Chapter 38 reorganization 92% Makers TR June 14 Aug 2 Aug June 27 & Aug 15 Aug 15 Chapter 38 reorganization numbering plan 100% Makers TR Legal June 14 Aug 2 Aug 2 June 27 & Aug 15 Aug 15 Parks – general procedures& guidance & cash-in-lieu 2A 90% CS CP Aug 9 Sept 6 Sept 6 Sept 26 Maintenance of property & Demolition of Historic Structures 2C 85% CS TR Aug 9 Sept 6 Sept 6 Sept 26 Subdivision Process Changes 2F 95% CS Legal Sept 13 Oct 4 Oct 4 Oct 24 Cash-in-lieu of Infrastructure 97% MW CS 1915 Sept 13 Oct 4 Oct 4 Oct 24 Intersection level of service modification 97% MW CS 1959 Sept 13 Oct 4 Oct 4 Oct 24 Covenants / Condos 2I 98% MR CS 1916 Sept 13 Oct 4 Oct 4 Nov 7 Nov 21 Water (part 1) 2D 95% RO BK Oct 16 Nov 1 Nov 1 Nov 21 Misc corrections Nov 1 Nov 1 Nov 21 B2-M & R-5 sign code application MR TR 1962 Nov 1 Nov 1 Nov 21 R-5 group living MR TR 1963 Nov 1 Nov 1 Nov 21 B1 note MR TR 1964 Nov 1 Nov 1 Nov 21 345 Bozeman UDC Code Update Review & Adoption Schedule November 2, 2016 Component & Sub-category Ref # % Compt. Lead 2nd Ord # Notice dates Other Advisors Advisory Committee Zoning Commission Planning Board CC Effective Date Parks as allowed use MR TR 1965 Nov 1 Nov 1 Nov 21 Residential Open Space requirements 2H 10% BK MW Dec 13 Dec 20 Dec 20 Jan 9 Infill Provisions – Missing Middle Accessory Dwelling Units 2J.1 MR MW Dec 13 Dec 20 Dec 20 Jan 9 Density & dimensional standards 2J.2 Small lot provisions 2J.3 Vacant lot incentives 2J.4 Other 2J.5 Arterial setbacks and Entryway application 2K 25% MR RO Dec 13 Jan 3 Jan 3 Jan 23 Definition modifications 2L BB TR Nov 8** Dec 6 Dec 6 Dec 19 Transit language improvement 2M 5% BK Water Part 2 - Adequacy Water Part 3 – Conservation effort (irrigation, consumption, management, etc.) 2N 12% RO BK Feb 14 March 7 March 7 March 20 DOP & NCOD integration 2Q 3% Multiple Feb 14 March 7 March 7 March 20 Map Amendments (if necessary) 2R 0 TR Revised uses in districts and creation of SUP 2O 25% CS BK Jan 10 Feb 7 Feb 7 Feb 27 Signs (legal requirements only, no substantive changes) KS GS Final comprehensive edit revisions (see sheet) 2S 5% TR CS Feb 14 March 7 March 7 March 20 Floodplain Regulation changes & amendments 2T BH TR Final Adoption Makers TR Feb 14 Mar 7 Mar 7 Mar 27 Apr 10 346 Bozeman UDC Code Update Review & Adoption Schedule November 2, 2016 Component & Sub-category Ref # % Compt. Lead 2nd Ord # Notice dates Other Advisors Advisory Committee Zoning Commission Planning Board CC Effective Date Notes: * Excluding noticing, public meetings, and adoption. Legend: BB Bob Bengford, Makers Architecture BK Brian Krueger CP Carolyn Poissant CS Chris Saunders GS Greg Sullivan KS Karen Stambaugh MR Mayana Rice MW Mitch WerBell RO Rebecca Owens TR Tom Rogers 347 Bozeman UDC Code Update Review & Adoption Schedule November 2, 2016 Component & Sub-category Ref # Advisory Committee ZC PB Amend Other Advisors CC Revised CC Midtown area zoning provisions (ZCA) Midtown Zoning district changes (ZMA) Entryway corridor revisions Site plan process changes (concept review, etc.) Wetland Review Board revisions Cottage Housing ordinance Chapter 38 reorganization Chapter 38 reorganization numbering plan Parks – general procedures& guidance & cash-in-lieu 2A Maintenance of property & Demolition of Historic Structures 2C Subdivision Process Changes 2F N/A 4:1 No 5:0 Cash-in-lieu of Infrastructure 3:0 4:1 No 5:0 Intersection level of service modification 3:0 5:0 No 5:0 Covenants / Condos 2I 3:0 4:1 No 2:3 Water (part 1) 2D Misc corrections B2-M & R-5 sign code application R-5 group living B1 note Parks as allowed use 348 Bozeman UDC Code Update Review & Adoption Schedule November 2, 2016 Component & Sub-category Ref # Advisory Committee ZC PB Amend Other Advisors CC Revised CC Residential Open Space requirements 2H Infill Provisions – Missing Middle Accessory Dwelling Units Density & dimensional standards Small lot provisions Vacant lot incentives Other Arterial setbacks and Entryway application 2K Definition modifications 2L Transit language improvement 2M Water Part 2 - Adequacy Water Part 3 – Conservation effort (irrigation, consumption, management, etc.) 2N DOP & NCOD integration 2Q Map Amendments (if necessary) 2R Revised uses in districts and creation of SUP 2O Signs (legal requirements only, no substantive changes) Final comprehensive edit revisions (see sheet) 2S Floodplain Regulation changes & amendments 2T Final Adoption 349 Bozeman UDC Code Update Review & Adoption Schedule November 2, 2016 350 1 GENERAL ADU ISSUES AND STANDARDS Owner Occupancy  Either the primary residence or the accessory dwelling unit must be occupied by an owner of the property. (Bel.)  Either the principal dwelling unit or the accessory dwelling unit must be occupied by an owner of the property or an immediate family member of the property owner. (MI)  Owners shall sign an affidavit attesting to their occupancy every five years. (Tac.) Definition  Property owner, as reflected in the title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and actually resides at the site more than six months out of any given year, [and at no time receives rent for the owner-occupied unit.] (Bel) Limitation on occupancy  The total number of occupants in both the primary residence and accessory dwelling unit combined may not exceed the maximum number established by the definition of family in Section (Bel)  (Note: Bellevue debated the tradeoffs of limiting the scale of individual units by either limiting the size, or limiting the number of occupants. They eventually decided that they were essentially controlling the number of occupants by controlling the size of accessory units, and therefore did not need to explicitly address limiting the number of residents in ADUs.)  * Resident must be an immediate family member of the owner of the primary home. Limitation on size  The ADU shall contain not less than 300 sq. ft. and not more than 800 sq. ft., excluding any related garage area. (Note: the minimum was based on using minimum room sizes outlined by the Code.)  The square footage of the accessory dwelling unit shall be a minimum of 220 square feet and a maximum of 900 square feet, excluding any garage area; provided, the square footage of the accessory dwelling unit shall not exceed 40 percent of the total square footage of the primary dwelling unit, excluding the garage area, as it exists or as it may be modified. (MI)  The square footage of the ADU, excluding garage area, shall not exceed 40% of the primary residence and ADU combined, excluding garage area. (Bel)  The total square footage of a detached ADU shall not exceed 40 percent of the total square footage of the primary dwelling unit and the accessory dwelling unit 351 2 combined excluding any garage area, and in no case shall it exceed 1,000 square feet.  The square footage of the ADU shall not exceed forty (40) percent of the total square footage of the primary residence and ADU combined, excluding any non-living areas such as garage area, storage sheds, or decks, unless the excluded area is the location of the proposed ADU. (Issaq)  If the accessory unit is completely located on a single floor [of a multistory structure], the Planning Director may allow increased size in order to efficiently use all floor area. (Kirk) o reason for discretion, i s the presumption that for daylight basements, s q. ft. limitation could be arbitrary  The square footage shall not be less than 300 sq. ft. nor more than 800 sq. ft. The maximum square footage for the ADU may be exceeded for two story structures provided other criteria are met and the intent of the ordinance is maintained. (Tac)  ADU does not exceed 50% of the combined total area of the principal residence and the ADU. (K.C.) (Note: This may not be appropriate if want to ensure that the ADU is'secondary' to primary residence, unless include some other types of restrictions. The King County ordinance does not do that.)  Detached accessory dwelling units shall not exceed 800 square feet of gross floor area. The gross floor area shall not include area with less than five (5) feet of ceiling height, as measured between the finished floor and the supporting members for the roof. When calculating the square footage of the ADU (see KZC 5.10.340, definition of “gross floor area”), covered exterior elements such as decks and porches will not be included; provided, the total size of all such covered exterior elements does not exceed 200 square feet. (Kirk)  No ADU may have more than one bedroom, nor be more than 700 sq. ft. o No ADU shall be more than 30% of the total floor area, excluding garage. (WC)  * Must have at least 1,400 sq. ft. of floor area exclusively for the primary unit. (Note: Portland has revised this provision. There are probably more appropriate and less arbitrary means to accomplish the underlying objective of this provision.). New or Existing  Silent on issue which would imply allowed in new or existing homes.  An ADU may be developed in either an existing or new residence.  Only permitted in existing units defined as construction of the principal dwelling was completed (occupancy approved) at least three years prior to application for accessory dwelling unit. (Bel) Density of accessory units? {e.g. #of accessory units allowed in a community)  Do not address. (Bel.)  * The number of accessory units shall not exceed 3% of total units within a Census Tract. (WC) (Note: Cities that have permitted ADU's have not had a problem 352 3 with an overa bundance, or an over concentration of units.) Home Occupation and Accessory units (Note: To appropriately address this issue, should first evaluate in what circumstances Home Occupation Permits are required.)  A site may not contain both an accessory dwelling unit and a business subject to the regulations in 20.30N for a Class A or Class B Home Occupation Permit (Bel) (Note: These are businesses that generally have customer traffic.)  "No home occupations, day care home or mini child care facility shall be allowed in an ADU." (Tac.) (Note. Different from Bellevue in that it appears to only limit the ADU, not the primary residence.) Miscellaneous  An ADU shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit. (Red)  There shall be no more than 1 accessory unit per parcel. (Evt) 353 4 DESIGN ISSUES The first step is to develop a sense of your community's existing housing. For example, what physical forms of housing exist in your community, and which ones might best lend themselves to accommodating ADUs such as houses with: 1) Detached garages 2) Daylight basements 3) Larger homes 4) Two story homes 5) Access off of alleys 6) Traditional basements If your housing does not easily lend itself to adding ADU's then it is more likely that ADUs would be done through additions. If so, does this lead to concerns with privacy? Entrances  Shall have only one entrance on the front of the house. Additional entrances permitted on the side and rear of the house. (Bel.)  The primary entrance to the accessory dwelling unit shall be located in such a manner as to be clearly secondary to the main entrance to the principal unit and shall not detract from or alter the single-family character of the principal unit. (Kirk)  The single-family dwelling containing the accessory dwelling unit shall have only one entrance on each front or street side of the residence except where more than one entrance existed on or before January 17, 1995. (MI)  One ADU door may be constructed on the front or street side of the residence; provided, that it is screened from the street or the visual impact is otherwise mitigated (Issaq)  * Unit can only be accessed through the main unit. (No separate entrance) (Not really a fully separate unit) Additions  Silent on issue, which means must meet setbacks etc. of single family zoning. (Bel) (Note: Bellevue Commission concluded that it would be ineffective or appropriate to have design criteria more stringent than that used for normal additions. What would prevent someone from getting a permit for an addition, and then afterward come back for a permit for an ADU?)  Additions to an existing structure or newly constructed detached structures created for the purpose of developing an accessory dwelling unit, shall be designed consistent with the existing roof pitch, siding, and windows of the principal dwelling unit. (MI) Garages  Silent on issue. Implies that can convert garage, so long as meet building code and provide necessary amount of parking. City has no provision that required parking for the primary residence or ADU be covered. (Bel) 354 5  * Garage space may be converted only if the same numbers of covered parking spaces are provided elsewhere on the property. (KC) Privacy  The location and orientation of a ADU shall not materially reduce the privacy of residents of adjoining properties. The Zoning Administrator shall consider placement of windows, decks and balconies, landscape screening, and height/number of stories, in determining if privacy will be materially reduced. (WC) (Note; This may apply only to attached structures. Reason to apply on to detached structures is that detached structures would normally not be used for living quarters other than as an ADU, whereas, for the primary residence additions, etc could occur without an ADU.) Parking One off-street space for the ADU, which is in addition to any off-street spaces required for the primary residence. (Bel) (Note: Bellevue used this language instead of requiring 3 off-street spaces. This is because some older houses are required to provide only one off-street space, and they did not want to trigger a requirement for 2 additional spaces. Also, if a house already has 3 parking spaces, it does not need to provide an additional spot. Therefore most houses can meet this requirement with existing parking areas (garages and driveways).) One off-street parking space is required for an ADU in addition to the parking required for the primary dwelling unit. [Parking spaces must be paved and may include private driveways, garages, carports, or off-street areas reserved for vehicles.] (Red) Total of 3 off-street spaces. Parking must be provided in the rear of the lot when alley access is available. (Tac) All single-family dwellings with an accessory dwelling unit shall meet the parking requirements applicable to the dwelling if it did not have such an accessory dwelling unit. (MI). NOTE: City already required so much parking did not feel needed extra, and requirement varied in a few areas. Tandem parking can be used to fulfill this requirement. (Issaq) Do not require additional off street parking. (Ptl) (Using this approach would be dependent on evaluating current parking situation in a community.) Attached vs. Detached Only in the same building as the principal residence unless the lot is at least 10,000 sq. ft. [and the allowable density of the zone is not exceeded]. (KC) ADU shall not be permitted in structures detached from the primary residence. (Bel) ADU permitted as a second dwelling added to, created within, or detached from the main building. Detached ADUs should be located in the rear of the lot. (Tac) An accessory dwelling unit will be considered to be “detached” from the principal unit if it has any of the following characteristics (Kirk): 355 6 a. It does not share a common roof structure with the principal unit. b. It is not integrated into the footprint of the principal unit. c. The design is inconsistent with the existing roof pitch, siding treatment, and window style of the principal unit. Abbreviations for Referenced Ordinances * Provisions not recommended to be incorporated into local ordinances. Bel. Bellevue EC El Cerrito, California Evt. Everett KC King County Ptl. Portland, Oregon Red. Redmond Tac. Tacoma WA Washington DCD Ordinance recommendations WC Walnut Creek, California 356 7 PERMITTING/ENFORCEMENT Permitting process Allow as outright permitted use. No special permit or application or covenant. (KC) (Note: Doesn't allow for ability to track units/may be harder to enforce owner occupancy) Building permit process with requirement to sign a covenant. Do an inspection of the unit to ensure meet accessory unit requirements. (Tac) The property owner shall apply for an accessory dwelling unit permit with the Building Department. The application shall include an affidavit signed by the property owner agreeing to all the general requirements outlined in this section. (Kirk) After receipt of a complete application and prior to approval of an accessory dwelling unit, the city shall inspect the property to confirm that all applicable requirements of this code and other codes are met. (MI) The registration form as required by the City shall include a property covenant. The covenant must be filed by the property owner with the City for recording with the King County Department of Records and Elections to indicate the presence of the accessory dwelling unit, and reference to other standards outlined in this section. The covenant shall run with the land as long as the accessory dwelling unit is maintained on the property. (Kirk) Approval of the accessory dwelling unit shall be subject to the applicant recording a document with the King County department of records and elections which runs with the land and identifies the address of the property, states that the owner(s) resides in either the principal dwelling unit or the accessory dwelling unit, includes a statement that the owner(s) will notify any prospective purchasers of the limitations of this section, and provides for the removal of the accessory dwelling unit if any of the requirements of this chapter are violated. (MI) File a registration application (includes mailing labels for residents w/in 200') Property inspection to ensure meets standards. Separate building permit if necessary. Covenant recorded against the property. After approval notice to neighbors informing of enforcement procedures. (Bel) Permit process which requires a public hearing prior to permitting. (WC) The fee for an application for an ADU shall be the same as the fee required in a Home Occupation Level 1 Review. (Issaq) * Permit is only good for x years, or is voided upon sale of the property. (Note: Places a severe restriction on the use of accessory units. Also, eliminates ability for accessory unit to be considered by a lender.) * Applicant must have lived in house for 2 years, and permit cannot be assumed at time of sale. 357 8 Meeting Building Code(s) The ADU shall meet all technical code standards including building, electrical, fire and plumbing code requirements). (Bel) In order to encourage the development of housing for people with disabilities, the (building official) may allow reasonable deviation from the stated requirements to install features that facilitate accessibility. Such facilities shall be in conformance with the UBC. (WA.) (To what extent is this a moot point because ADU's are not required to meet accessibility requirements (less than 4 units)?) The portion of a single-family dwelling in which an accessory dwelling unit is proposed must comply with all standards for health and safety contained in all applicable codes, with the following exception for ceiling height. Space need not meet current International Building Code (IBC) ceiling height requirements if it was legally constructed as habitable space. (Kirk) The accessory dwelling unit shall comply with all standards for health and safety in the Uniform Building Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, Uniform Fire Code and any other applicable codes, except as provided in this chapter. The ADU shall comply with all development code provisions for single-family dwellings including height and setbacks, and the ADU shall be included as part of the impervious surface and floor area limitations for a building site. (MI) All existing accessory dwelling units that are located within a single-family dwelling which was legally constructed but does not now comply with current ceiling height requirements of the Uniform Building Code, shall be allowed to continue in their present form. (MI) Vancouver B.C. has special codes to ensure meeting safety standards without exorbitant costs to bring to full code. Administrative Discretion The Land Use Administrator may allow variances to the stated general requirements pursuant to Section 13.06.408 of Tacoma's Land Use Regulatory Code. (Tac) Tracking Process Annual report to Council re: ADU applications, distribution, complaints, etc. (Tac) What to do about existing 'illegal' units ADU's existing prior to enactment of these general requirements may be found to be legal, if the property owner applies for a building permit for the ADU and complies with all required standards and provisions. (Tac) Silent on issue, which implies same as Tacoma. (Bel) If an ADU was or is created without being part of a project for which a building permit was or is finaled, an ADU inspection will be required for issuance of an ADU permit. The ADU inspection fee will cover a physical inspection of the ADU. This fee will be waived if the ADU existed on January 1, 1995, and the ADU permit is applied for by December 31, 1995. (Kirk) 358 9 If an ADU was created without being part of a project for which a building permit was finalized, the City shall require a building inspection to determine if the structure is sound, will not pose a hazard to people or property, and meets the requirements of this section and building code. The ADU inspection fee will cover the building inspection of the ADU. This fee will be waived if the ADU permit is applied for within two years of the effective date of the ordinance codified in this section. (Issaq) That portion of a single family residence which meets the definition of accessory dwelling unit, may be legally established, and not subject to zoning violation fines, if the following requirements are met: (1) An application for an ADU permit is filed within two (2) years of the effective date of the ordinance codified in this section; (2) The ADU is determined to meet the requirements of this section as well as any other applicable Code requirements. (Issaq) Existing legally nonconforming structures may be used for the locating of an ADU if the Building Official determines that the structure is sound, will not pose a hazard to people or property, and meets the requirements of this section and building code requirements. Portions of buildings that undergo a change of use are required to meet building codes for new construction in compliance with the current building code. (Issaq) Those created prior to 1953 shall be permitted upon registration and evidence of date of establishment, evidence of use of the unit for the 6 month period prior to registration. Those created after 1953 can be permitted through administrative use permit if the unit does not otherwise conform with requirements. Must apply within 180 days of adoption of the ordinance. Those that do not meet requirements for size and parking will be referred to the Planning Commission. (EC) Enforcement Cancellation of the covenant. Civil violation, for which a monetary penalty may be assessed and abatement may be required. (Bel.) The city retains the right with reasonable notice to inspect the ADU for compliance with the provisions of this section. (MI) The owner shall file an Owner's Certificate of Occupancy in a form acceptable to the City Attorney no later than April 1st of each year. (Evt.) In addition to all other penalties provided in the Redmond Municipal Code ...owner shall be subject to a civil penalty of $100 per day, for each day the violation is allowed to persist after receiving notice thereof from the Code Administrator. (Red.) (Note: If the solution is to move out a renter, may place an undo hardship on the renter to move out immediately. May want a phased penalty to give renter a reasonable time to move out.) Utility hook-ups Do not require separate utility hook-ups. Only one electric and one water meter shall 359 10 be allowed for the entire building, serving both the principal and accessory dwelling unit. (Evt.) (Note: may want to leave some discretion for administrator to waive this requirement). * Require separate metering (This could place a large cost burden on creating ADUs and appears contrary to the general concept of the ADU being a secondary use.) How to deal with local CC&R's CC&R's are a private contract, and do not need to be considered by cities when issuing permits. Cities evaluate permits based on their codes. Enforcement of CC&R's done outside of city procedures. Source: Art Sullivan, Program Manager, ARCH – A Regional Coalition for Housing, Redmond, WA 98052. http://www.archhousing.org/index.html. 360 Comparison of Attached ADU Regulations across PNW Jurisdictions, Fall 2016 MAKERS architecture and urban design Page 1 C:\Users\rcrough\AppData\Local\Temp\AgendaManager\Accessory Dwelling Unit comparison chart.docx - 11/2/16 Location Where Permitted Minimum Site Size Unit Size Maximum Height Density Parking Setbacks Open Space Design Standards Other Bozeman, MT • In R-S and R-1 zones, ADUs are permitted above garages in subdivisions with preliminary plat approval after Jan 1. 1997, or as a dwelling unit within detached single-household dwelling • 6,000SF (except 4800SF in REMU zone) Min. lot widths •R-S, R-1: 50ft •REMU: 40ft Lot widths •R-S: 50ft •R-1: 50ft, but can be reduced 10ft, when lot is adjacent to an alley, and vehicular access is taken only from that alley. • R-S, R-1 zones: <800sf, or <1/3 of total area of principal structure, and not >1 bedroom • R-2, R-3, R-4, R-O, REMU (res. single household lots only): <600sf, and not >1 bedroom, and <footprint of principal building • Same as primary structure • Only one ADU may be created per lot • One additional paved off-street parking space provided for the exclusive use of the accessory of the dwelling unit • n/a; Same as primary structure n/a • 2nd story additional only approved if compatible with neighborhood character/fabric • Entrance for ADU, if separate from entrance of principal structure, to only be located in rear/side yards • 2 person occupancy limit for ADU • Garages shall not be converted for use as ADUs • No deviations in lot area or parking reqs and no more than two total deviations total shall be granted to allow establishment of ADU, • In R-S, or R-1 zones owner occupancy requirements for either primary or accessory dwelling Max lot coverage by principal and accessory buildings shall be: • in R-S dist. (new lots): determined through PUD review procedures • in R-S dist. (existing lots) <25% lot area • R-1. R-2, R-3. RMH: <40% for all uses except townhouses • R-1. R-2, R-3. RMH: <50% for townhouses • R-4 Zones: <50% • R-O: <50% residential uses, 60% for neighborhood/non-residential Missoula, MT Internal ADUs are allowed In R215, R80, R40, R20, RT10, R8, R5.4 RT5.4, R3, RT2.7, RM2.7, RM1, RM1.5 RM0.5, RMH, B, C and M1R zoning districts, Internal Addition ADUs are allowed as a conditional use in the zones above, and allowed outright in RT5.4, RT2.7, RM2.7, RM1, RM1.5 RM0.5, RMH, B, C and M1R zoning districts No additional land area required for ADU beyond minimum parcel size required for detached house in subject zoning district Attached Internal ADU (no footprint increase): floor area <600 SF, and >350SF, and also <40% of gross floor area excl. attached garage Internal addition: No increase in floor area of primary dwelling unit by >600SF, or exceed 40% of gross floor area n/a Not included in min. parcel area/unit calculations No more than one ADU per parcel At least 1 paved off- street parking space provided, in addition to off-street parking reqs for principal unit. For parcels abutting alley, access to parking for ADU must come from the alley. n/a n/a Exterior finish materials, roof pitch, and trim of any additions must be same as principal detached house. Only one entrance to detached house containing ADU may be located on street frontage, unless door was pre- existing to creation of ADU Annual permit required, subject to no substantial alterations, no change in provision of required off-street parking spaces, and meeting owner- occupancy requirements Connection of ADU to city sewer required Boulder, CO Allowed, with approval, in RL-1, RL-2, RE, RR-1, RR-2, A or P zoning districts, where no more than 10% of single family lots/parcels contain an ADU within a 300 foot (RL-1, RL-2, P) or 600 foot (RE, RR- 1, RR-2) radius from perimeter of any lot line. Owner’s Accessory Units can be established either as unit within principal structure, or within accessory structure, on a lot in RR, RE, and RMX-1 zones Only to be created through internal conversion of single-family detached dwelling unit on a lot >6000 SF Min. 300SF, and does not exceed lesser of 1/3 total floor area of principal structure, or 1000SF, with minor exterior changes allowable on building if added SF is <5% of principal structure’s existing foundation area n/a n/a One additional off-street parking space Front: 55’ Side: 0-25’ depending on zone and location of lot line From other buildings: 6’ n/a Additional entrances may only face street-fronting property line if adequately and appropriately screened • Subject to Administrative Review • 2 person occupancy limit for ADU •Owner must occupy one of the permitted dwelling units on the site 361 Comparison of Attached ADU Regulations across PNW Jurisdictions, Fall 2016 MAKERS architecture and urban design Page 2 C:\Users\rcrough\AppData\Local\Temp\AgendaManager\Accessory Dwelling Unit comparison chart.docx - 11/2/16 Location Where Permitted Minimum Site Size Unit Size Maximum Height Density Parking Setbacks Open Space Design Standards Other Bellingham •Attached are permitted in residential single zones, except within the Lake Whatcom watershed (unless allowed per BMC 16.80.060.A.). n/a •Must not exceed 40% of the sq. footage of the conditioned floor area measured from the outside of the exterior walls of the SF residence, excluding garages, and shall contain a minimum sq. footage as required by the building code and a max. of 800 sq. ft. •Height must be less than or equal to the primary structure, and no higher than 25 feet. •The parcel may not contain more than one primary dwelling. •The total number of persons who may occupy the ADU shall not exceed 3, regardless of relationship. •One additional parking space on private property shall be provided for each bedroom located w/in the ADU. Each ADU shall provide a min. of one parking space. n/a n/a •No more than 2 bedrooms shall be located within the ADU. •Only one entrance for the entire structure may be visible from the front street. • Any additions must have similar roof pitch, siding and windows so that the addition is architecturally compatible with the existing home. •At least one of the dwelling units must be owner occupied (affidavit reqd). •Purchasers of homes with an ADU must register with the department of planning and community development within 30 days of purchase. Everett Prohibited on lots within an easement access short sub division • Otherwise, allowed in single family dwelling units on lots >5000sf, using one or a combination of methods: a. Alteration of interior space of the dwelling; b. Conversion of an attic, basement, attached garage, or other previously uninhabited portion of a dwelling or attached accessory structure; or c. Addition of attached living area onto an existing dwelling. Residential zones- A-1, R-S, R-1, R-2, R- 1(A), R-2(A). A-1=5 Acres, R- S= 9,000 SF, all others=5,000 SF. •The floor area of the ADU shall not exceed 40% of the total floor area of the structure, or 800 sq. ft, whichever is less. •Attached accessory buildings may be constructed to the max. height allowed by the zone in which it is located; provided that the attached accessory building meets all setbacks required for the principal building. •Only one electric and one water meter shall be allowed for the entire building, serving both the principal and ADU. •The total number of persons who may occupy the principal and ADU combined shall not exceed the number of persons that are defined by this title as a "family." •3 off-street parking spaces shall be provided for the principal and ADU. When the property abuts an alley, the off-street parking space for the ADU shall gain access from the alley, unless topography makes such access impossible. •Attached or detached accessory buildings may be located within the principal buildings rear setback provided that the accessory building meets all side setback requirements; and a min setback of 5 ft is provided from the rear lot line, n/a • The single-family appearance and character of the dwelling shall be maintained when viewed from the surrounding neighborhood. •Only one entrance to the residential structure may be located on any street side of the structure. •At least one of the dwelling units shall be occupied by one or more owners of the property as the owner's permanent and principal residence. Portland •An ADU may be added to a house, attached house, or manufactured home in an R zone, except for attached houses in the R20-R5 zones that were built using the regulations of Duplexes and Attached Houses on Corners. n/a •The size of the accessory dwelling unit may be no more than 75 percent of the living area of the primary dwelling unit or 800 square feet, whichever is less. Base zone development standards. •In the single- dwelling zones, ADUs are not included in the min. or max. density calculations for a site. In all aother zones, ADUs are included in the min. density calculations, but are not included in the max. density calculations. •No additional parking is required. Existing parking must be maintained or replaced on-site. Base zone development standards. n/a •The exterior finish material, roof pitch, trim, and windows must be the same or visually match in type, size and placement, the exterior finish material of the house, attached house, or manufactured home. •Only one entrance may be located on the façade of the principal structure facing the street, unless the principal structure contained additional entrances before the ADU was created. Entrances that do not have access from the ground are an exception. •ADUs in “d” Design overlays (33.420), or some historic designations (33.445) may be subject to additional design reqs. These ADUs must meet the Community Design Standards (33.218), where allowed to use Community Design Standards, or be approved through Design review or Historic Resource review. •The total number of individuals that reside in both units may not exceed the number that is allowed for a household. Seattle Ch.23.44 •single-family or lowrise zone n/a •Attached accessory dwelling units are limited to 1,000 square feet,in a single family structure, and up to 650 square feet in a rowhouse or townhosue. ?? •One per single family dwelling. • Except for rowhouses or townhouses on lots within areas defined as an urban center or urban village in the City's Comp. Plan, one off- street parking space is required for the ADU and may be provided as ?? •Only one entrance to the structure may be located on each street-facing facade of the dwelling unit. •An owner with at least 50% interest in the property must occupy either dwelling unit for >6 months year as the owner's permanent residence. •No limit for related persons occupying unit in a single-family dwelling unit with an accessory dwelling unit; provided that, if unrelated persons occupy either unit, 362 Comparison of Attached ADU Regulations across PNW Jurisdictions, Fall 2016 MAKERS architecture and urban design Page 3 C:\Users\rcrough\AppData\Local\Temp\AgendaManager\Accessory Dwelling Unit comparison chart.docx - 11/2/16 Location Where Permitted Minimum Site Size Unit Size Maximum Height Density Parking Setbacks Open Space Design Standards Other tandem parking with the parking space provided for the principal dwelling unit. the total number of persons in both units may not exceed 8. Vancouver, BC Within RS (one-family), RM (multiple-dwelling), and RT (two- family) zones n/a ? ? 2 ADUs total (1 AADU and 1 DADU) per lot 1 additional parking (depending on when house was built) ? ? ? Also called secondary suites Mountlake Terrace, WA Within RS or RM zones 5000 sf 200sf min to 800sf max (excl. garage areas), and must be <40% of sf of primary dwelling Compliant with dev’t stds (height) for all SF dwellings Total # of occupants in both units shall not exceed six unrelated persons No addl parking reqs, except if legal on-street parking n/a immediately abutting site, one addl parking space req’d on- site Comply with dev’t stds (setbacks) for all SF dwellings ? ADUs shall be designed and built to be consistent with existing roof pitch, siding and windows of primary dwelling unit Owner occupancy reqs (either unit) for min. of 3 consecutive month/year. Both units cannot be simultaneously leased ADUs shall not be subdivided Tacoma, WA All areas, except in industrial M-2 and PMI districts In R-1, R-2, R-2SRD and HMR-SRD districts, only AADUs allowed n/a for AADUs fitting within existing bldg envelope Floor area max equal to lesser of 40% of main home and ADU sf combined or 1,000 sf (2/3 of main building) AADUs – same as main home 1 ADU/res. lot Up to 4 ppl may live in an ADU; also see minimum housing code standards Not required for ADU Same as for main dwelling AADUs must maintain appearance of single family residence, and only one entrance door allowed in front façade of dwelling 363 Comparison of Detached ADU Regulations across PNW Jurisdictions, Mid 2016 MAKERS architecture and urban design Page 4 C:\Users\rcrough\AppData\Local\Temp\AgendaManager\Accessory Dwelling Unit comparison chart.docx - 11/2/16 Location Where Permitted Minimum Site Size Unit Size Maximum Height Density Parking Setbacks Open Space Design Standards Other Bozeman, MT • Permitted if ADU located above detached garage in R-2, R-3. R-4, R-O, REMU zones. • In R-S and R-1 zones, ADUs are permitted above garages in subdivisions with preliminary plat approval after Jan 1. 1997, and are also allowed as dwelling unit within detached single- household dwelling •6,000SF (except 4800SF in REMU zone) Min. lot widths • R-2, R-3, R-4, R-O: 60ft • R-S, R-1: 50 feet • REMU: 40ft •Lot widths can be 10 feet less (except for R-S zones), when lot is adjacent to an alley, and vehicular access is taken only from that alley. •R-S, R-1 zones: <800sf, or <1/3 of total area of principal structure, and not >1 bedroom •R-2, R-3, R-4, R-O, REMU (res. single household lots only): <600sf, and not >1 bedroom, and <footprint of principal building • Detached: 1 ½ stories for accessory buildings, where floor to floor height <12 feet, and “where a ½ story is established by a side wall, under a sloped roof, of 3 ft in height or less above the floor level within space allowed to be occupied by persons by the IBC” • Only one ADU may be created per lot • One additional paved off-street parking space provided for the exclusive use of the accessory of the dwelling unit Detached structure not allowed in front/side or corner- side yard, must occupy <20% of lot area located to rear of principal building, AND • <120SF: min 3ft from rear ppty line • 120-600SF: min 6 ft from rear ppty line, or if parking is b/t structure and rear property line, 20 ft, except when parking spaces require greater setback for backup maneuverability • >600SF: provision of adequate back-up maneuverability for required parking spaces • Structure not allowed in front/side or corner-side yard, must occupy <20% of lot area located to rear of principal building • 2nd story additional only approved if compatible with neighborhood character/fabric • Entrance for ADU, if separate from entrance of principal structure, to only be located in rear/side yards • 2 person occupancy limit for ADU • Garages shall not be converted for use as ADUs • No deviations in lot area or parking reqs and no more than two total deviations total shall be granted to allow establishment of ADU, • In R-S, or R-1 zones owner occupancy requirements for either primary or accessory dwelling Max lot coverage by principal and accessory buildings shall be: • in R-S dist. (new lots): determined through PUD review procedures • in R-S dist. (existing lots) <25% lot area R-1. R-2, R-3. RMH: <40% for all uses except townhouses • R-1. R-2, R-3. RMH: <50% for townhouses • R-4 Zones: <50% • R-O: <50% residential uses, 60% for neighborhood/non-residential Missoula, MT (20.45.060) Detached ADUs are allowed in RT5.4, RT2.7, RM2.7, RM1, RM1.5 RM0.5, RMH, B, C and M1R zoning districts, and allowed as a conditional use in R215, R80, R40, R20, RT10, R8, R5.4 RT5.4, R3, RT2.7, RM2.7, RM1, RM1.5 RM0.5, RMH, B, C and M1R zoning districts, No additional land area required for ADU beyond minimum parcel size required for detached house in subject zoning district Detached New DADU: floor area <600 SF, and >350SF, except for conversions of existing accessory structures built before June 5, 2013, in which case there is no limit to floor area unless the conversion adds to the floor area. Lesser of 22 feet or height of primary building Not included in min. parcel area/unit calculations No more than one ADU per parcel At least 1 paved off- street parking space provided, in addition to off-street parking reqs for principal unit. For parcels abutting alley, access to parking for ADU must come from the alley. DADU must be located at least 10 feet behind detached house, with the separation open from ground to the sky, although it may include walkways, patios, decks, or similar structures <30 inches in height above finished grade Exterior finish materials, roof pitch, and trim must be same as principal detached house. Building entrances to DADUs may not face the nearest side/rear property line unless there is an alley abutting that property line Building coverage for DADU may not exceed that of detached house, and combined coverage of all detached accessory buildings may not exceed 50% of actual rear yard area Annual permit required, subject to no substantial alterations, no change in provision of required off-street parking spaces, and meeting owner-occupancy requirements Connection of ADU to city sewer required 364 Comparison of Detached ADU Regulations across PNW Jurisdictions, Mid 2016 MAKERS architecture and urban design Page 5 C:\Users\rcrough\AppData\Local\Temp\AgendaManager\Accessory Dwelling Unit comparison chart.docx - 11/2/16 Location Where Permitted Minimum Site Size Unit Size Maximum Height Density Parking Setbacks Open Space Design Standards Other Boulder, CO Limited Accessory Units, through conversion of existing nonconforming duplex or two detached dwelling units on the same R-1 lot. (Note: Only applicable to dwelling units legally existing and actively used as multiple dwelling units, with a valid rental license on Jan 1, 2005. 9-7-12 of the Boulder Municipal code allows two detached dwellings on a single lot in RM-2, RM-3, RH-1, RH-2, RH-5 zones, although they are both treated as principal buildings Owner’s Accessory Units can be established either as unit within principal structure, or within accessory structure, on a lot in RR, RE, and RMX-1 zones >6000sf, where there is only one detached single-family dwelling in RMX zone. See 9-7-12 for two detached dwellings provisions See 9-7-12 for two detached dwellings provisions See 9-7-12 for two detached dwellings provisions One additional off-street parking space See 9-7-12 for two detached dwellings provisions See 9-7-12 for two detached dwellings provisions See 9-7-12 for two detached dwellings provisions See 9-7-12 for two detached dwellings provisions Bellingham (Chapter 20.28.100 BMC) •Detached ADUs are not permitted in residential single zones, neighb. commercial zones or property regulated by Chapter 16.80 BMC, Lake Whatcom Reservoir Regulatory Provisions. •Detached ADUs are permitted in all other zones that allow residential, including specifically designated areas of urban villages. • > 10,000 sq ft, unless parcel has alley access,or access to more than one public street • The DADU is limited to the lesser of 800 sq. ft or 40% of the primary structure. •Single floor area limited to 500 sq ft. •Max FAR of 0.5 including primary structure. •Height must be less than or equal to the primary structure, and no higher than 25 feet. Detached: •Only one DADU shall be allowed per lot. •The DADU is exempt from density limitations. •One stall is reqd. for the DADU. •If parcel abuts an alley, parking shall be accessed from the alley except when the planning director determines that alley access is impractical or environmentally constrained. •Parking accessed from the public street/lane shall be limited to 1 driveway per street or lane with a max. width of 20 ft. •Front and side street setbacks shall comply with the underlying zone for the main building. •Garage/Carport setbacks shall provide a 20ft backup distance (incl. alley width) •Min. 6 feet of separation is required between the primary residence and the DADU. n/a •The DADU shall have similar roof pitch, siding and windows as the primary structure, or have other similar features that satisfy the design guidelines. •Proportions and size of DADU to give appearance it is secondary to primary structure on site. •Stagger windows to not align with those in adjacent properties •Provide small stoop/covered step associated with separate DADU entrance •It shall have an entrance with direct access to a public street, lane or alley via a pedestrian path or driveway. •Both single-family residence and DADU entries should be oriented to the street. •At least one of the dwelling units must be owner occupied. •Purchasers of homes with an ADU must register with the department of planning and community development within 30 days of purchase. •The DADU may not be divided from the property ownership of the primary dwelling. •The parcel may not contain more than one primary dwelling. •The total number of persons who may occupy the ADU shall not exceed 3, regardless of relationship. Everett n/a (detached not allowed) n/a n/a n/a n/a n/a n/a n/a n/a n/a 365 Comparison of Detached ADU Regulations across PNW Jurisdictions, Mid 2016 MAKERS architecture and urban design Page 6 C:\Users\rcrough\AppData\Local\Temp\AgendaManager\Accessory Dwelling Unit comparison chart.docx - 11/2/16 Location Where Permitted Minimum Site Size Unit Size Maximum Height Density Parking Setbacks Open Space Design Standards Other Portland •An ADU may be added to a house, attached house, or manufactured home in an R zone, except for attached houses in the R20-R5 zones that were built using the regulations of Duplexes and Attached Houses on Corners. n/a •The size of the accessory dwelling unit may be no more than 75 percent of the living area of the primary dwelling unit or 800 square feet, whichever is less. Detached: The building coverage for the DADU may not be larger than the building coverage of the house, attached house, or manufactured home. The combined building coverage of all detached accessory structures may not exceed 15% of the total area of the site. 20’ when located outside of required setbacks for the zone, 15’ when an ADU is allowed to be located within required setbacks for the zone •In the single- dwelling zones, ADUs are not included in the min. or max. density calculations for a site. In all aother zones, ADUs are included in the min. density calculations, but are not included in the max. density calculations. •No additional parking is required. Existing parking must be maintained or replaced on-site. •40 ft from the front lot line; or behind the rear wall of the house, attached house, or manufactured home. n/a For detached units >15’ high additional standards apply •The exterior finish material, roof pitch, trim, and windows must be the same or visually match in type, size and placement, the exterior finish material of the house, attached house, or manufactured home OR finish must be made from wood, composite boards, vinyl or aluminum products composed in a shingle pattern, or in a horizontal clapboard or shiplap pattern with boards 6 inches or less in width. ADUs in “d” Design overlays (33.420), or some historic designations (33.445) may be subject to additional design reqs. These ADUs must meet the Community Design Standards (33.218), where allowed to use Community Design Standards, or be approved through Design review or Historic Resource review. •The building coverage for the detached ADU may not be larger than the building coverage of the house, attached house or manufactured home. The combined building coverage of all detached accessory structures may not exceed 15 percent of the total area of the site. •The total number of individuals that reside in both units may not exceed the number that is allowed for a household. Seattle Ch.23.44 • Single-family or lowrise zone, except any lots that are within the Shoreline district, in the rear yard • 4,000 sq ft in single- family zones • min lot width 25ft, • min lot depth 70ft. •Detached accessory dwelling units are limited to 800 square feet in single family zones, including any garage and storage area provided in the same structure as the accessory dwelling unit, but excluding areas below grade and covered porches/decks less than 25 sf in area. • In lowrise zones, 650 square feet •12'-16' depending on lot width; plus an additional 3-7' above base height if roof is pitched and/or a shed/butterfly roof.* •One per single family dwelling. • Except on lots located within areas that are defined as either an urban center or urban village in the City's Comp. Plan, one off- street parking space is required for the ADU and may be provided as tandem parking with the parking space provided for the principal dwelling unit. • May be in the rear yard if the ADU is 5 ft of any lot line, unless the lot line is adjacent to an alley, in which case a detached DADU may be located at that lot line. • Min. 5 ft. separation from any structure. • A DADU, and any other accessory structures and other portions of the principal structure is limited to 40% of the rear yard •Entrances to DADUs may not be located on facades facing the nearest side lot line or the rear lot line unless the nearest side lot line or rear lot line abuts an alley or other public right- of-way. •An owner with at least 50% interest in the property must occupy either the principal dwelling unit or the ADU for six or more months of each calendar year as the owner's permanent residence. •Any number of related persons may occupy each unit in a single-family dwelling unit with an accessory dwelling unit; provided that, if unrelated persons occupy either unit, the total number of persons occupying both units may not altogether exceed 8. Vancouver, BC Within RS (1-family), RM (multiple-dwelling), and RT (2-family) zones 9.8m (32 ft) in width Lesser of 16% of site area, or 83.6 m2 (899 sf) Also subject to stds for bldg width in certain zones One-story: 3.7m (12 feet) if flat roof or to mean height level b/t eaves and ridge of gable/hip roof, except that no part of house may be >4.6m (15ft) Partial two-story:19- 20 ft depending on roof type 2 ADUs total (1 AADU and 1 DADU) per lot 1 additional parking (depending on when house was built) Within 9.8m (32 ft) of rear pty line At least 0.9m (2.95 ft) from rear pty line Distance from each side pty line of at least 10% of lot width At least 4.9 (16 ft) from one- family dwelling to provide for open space Requirements for entry canopies, trim around doors/windows, entry locations in relation to the street, landscaping, wall cladding Mountlake Terrace, WA Within RS or RM zones 5000 sf 200sf min to 800sf max (excl. garage areas), and must be <40% of sf of primary dwelling Compliant with dev’t stds (height) for accessory buildings Total # of occupants in both units shall not exceed six unrelated persons No addl parking reqs, except if legal on-street parking n/a immediately abutting site, one addl parking space req’d on- site Compliant with dev’t stds (setbacks) for all accessory buildings ? ADUs shall be designed and built to be consistent with existing roof pitch, siding and windows of primary dwelling unit Owner occupancy reqs (either unit) for min. of 3 consecutive month/year. Both units cannot be simultaneously leased ADUs shall not be subdivided Tacoma, WA All areas, except in industrial M-2 and PMI districts In R-1, R-2, R-2SRD and HMR-SRD districts, only AADUs allowed DADUs must meet min. lot areas and min. lot width reqs of zoning district Floor area max equal to lesser of 40% of main home and ADU sf combined or 1,000 sf (2/3 of main building) DADUs must also meet standards in TMC 13.06.100F DADUs – up to 18ft, subject to 13.06.150.D.3, and no taller than main house 1 ADU/res. lot Up to 4 ppl may live in an ADU; also see minimum housing code standards Not required for ADU Same as for main dwelling DADUs must be located in rear yard, w/ 5 ft min from pty lines, except along alley Design for DADU must be consistent with architectural style, appearance and character of main home Entrance door shall not face same property line as entrance to main building 366 Comparison of Detached ADU Regulations across PNW Jurisdictions, Mid 2016 MAKERS architecture and urban design Page 7 C:\Users\rcrough\AppData\Local\Temp\AgendaManager\Accessory Dwelling Unit comparison chart.docx - 11/2/16 367