Not an official copy.
Newcastle, WA
Ordinance No. 2000-016
AN ORDINANCE OF THE CITY OF NEWCASTLE, WASHINGTON, RELATING TO ACCESSORY DWELLING UNITS IN THE CITY; AMENDING SECTION 18.06.183 AND SUBSECTION 18.06.030B.7 OF THE NEWCASTLE MUNICIPAL CODE; AND ADDING A NEW CHAPTER 18.31 TO THE NEWCASTLE MUNICIPAL CODE.
WHEREAS, NMC 18.08.030 currently authorizes the location of accessory dwelling units in certain zones in the City, subject to conditions; and
WHEREAS, the Housing Element of the City's Comprehensive Plan contains policies that provide for the establishment of regulations authorizing the location of accessory dwelling units in the City; and
WHEREAS, the City Council has determined that it is in the best interests of the City to adopt revised regulations regarding the location of accessory dwelling units in the City; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF NEWCASTLE, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 18.06.183 of the Newcastle Municipal Code is amended to read as follows:
18.06.183 Dwelling unit, accessory. A habitable living unit added to, created within, or detached from a single-family dwelling that contains facilities for living, sleeping, eating, cooking and sanitation.
Section 2. Subsection 18.08.030B.7 of the Newcastle Municipal Code is amended to read as follows:
7. Accessory dwelling units:
Only as provided in Chapter 18.31 NMC.
Section 3. A new Chapter 18.31 entitled Accessory Dwelling Units is added to the Newcastle Municipal Code to read as follows:
18.31.010 Purpose. It is the purpose of this chapter to implement the policy provisions of the Housing Element of the City's Comprehensive Plan by eliminating any unnecessary or onerous barriers to the location of accessory dwelling units in single family residential zones and to provide for a more diverse and affordable housing stock while maintaining neighborhood quality. It is also the purpose of this chapter to provide owners of single family dwelling units with a means of obtaining rental income, companionship, security, and services through tenants in either the accessory dwelling unit or the principal dwelling unit.
18.31.020 Definitions.
A. Accessory dwelling units shall have the meaning stated in NMC 18.06.183.
B. Property owner shall mean the owner of the property as indicated by documents recorded with the King County Department of Record and Elections.
18.31.030 Accessory dwelling unit regulations. One accessory dwelling unit shall be permitted as subordinate to a single family dwelling unit if the accessory dwelling unit meets the following requirements:
A. Owner occupancy. 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. A principal or accessory dwelling unit is occupied by the property owner or the owner's immediate family member if the principal or accessory dwelling unit is the owner or family member's legal residence, and the owner or family member actually resides in the principal or accessory dwelling unit for more than six months each year. Immediate family member shall mean the owner's spouse, child, stepchild, parent, mother-in-law, father-in-law, grandparent, grandchild, or sibling.
B. Subdivision. The accessory dwelling unit, or the land on which the accessory dwelling unit is located, shall not be subdivided or otherwise segregated in ownership from the principal dwelling unit, or the land on which the principal dwelling unit is located.
C. New or existing development. The accessory dwelling unit shall be allowed in either an existing or a newly constructed single family residence.
D. Size and scale. The accessory dwelling unit shall be a minimum of three hundred (300) square feet in size, and shall not exceed forty (40) percent of the total square footage of the primary dwelling unit and the accessory dwelling unit, excluding any garage area; provided, that if the accessory dwelling unit is located completely on a single floor, the Director of Community Development may allow the accessory dwelling unit to exceed these square footage requirements to the extent necessary to efficiently use all floor area.
E. Location. The accessory dwelling unit may be added to or included within the same structure as the principal dwelling unit, or the accessory dwelling unit may be located in a detached structure.
F. Entrances. The primary entrance to the accessory dwelling unit shall be located in such a manner that the entrance is unobtrusive from the same view of the building that encompasses the primary entrance to the principal dwelling unit.
G. Architectural design. An addition to an existing structure or a newly constructed detached structure created for the purpose of developing an accessory dwelling unit shall be architecturally designed to be consistent with the roof pitch, siding, and windows of the principal dwelling unit.
H. Parking. No fewer than three (3) off-street parking spaces shall be provided for each primary dwelling unit with an accessory dwelling unit.
I. Home occupations. A site may not contain both an accessory dwelling unit and a Type II home occupation or a home industry, as defined in Chapter 18.30 of this code.
J. Compliance with applicable codes. The accessory dwelling unit shall comply with all standards for health and safety in the Uniform Building Code, Uniform Housing Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, Uniform Fire Code, as each Code is adopted by the City, and any other applicable codes or regulations, except as provided in this chapter. Except as provided in this chapter, the accessory dwelling unit shall comply with all zoning code provisions for single family residences, including height and setbacks, and the accessory dwelling unit shall be included as part of the impervious surface and floor area limitations for a building site. Any portion of a structure that was legally constructed as habitable space, but does not comply with current ceiling height requirements of the Uniform Building Code, as adopted by the City, shall be permitted to remain and be occupied.
18.31.040 Accessory dwelling unit permit.
A. Application. The property owner shall apply to the Department of Community Development for an accessory dwelling unit permit, on an application form determined by the Department, and shall pay an application fee in the amount established by resolution. The application shall include an affidavit signed by the property owner stating that the owner, or an immediate family member of the owner, will occupy the principal dwelling unit or the accessory dwelling unit for more than six months each year.
B. Inspection. After receipt of a complete application and prior to final approval of an accessory dwelling unit permit, the City shall inspect the property to confirm that the accessory dwelling unit meets all requirements of this chapter and other applicable codes or regulations.
C. Recording requirements. Prior to approval of the accessory dwelling unit permit, the applicant shall record with the King County Department of Records and Elections a document that identifies the address and legal description of the property, and states that the owner or a member of the owner's immediate family resides in either the principal dwelling unit or the accessory dwelling unit for more than six months each year, that the owner will notify any prospective purchaser of the property of the limitations and requirements of this chapter, and that the permit will be revoked if the accessory dwelling unit at any time fails to meet the requirements of this chapter. The document shall run with the land and bind all current and future property owners, and the owner's assigns, beneficiaries and heirs.
D. Permit. If the Director of Community Development determines that the requirements of this chapter and all other applicable codes and regulations are met, then the accessory dwelling unit permit shall be issued.
E. Enforcement. The City shall retain the right to inspect the accessory dwelling unit, at any reasonable time and with reasonable advance notice, for compliance with this chapter.
18.31.050 Pre-existing accessory dwelling units.
A. An accessory dwelling unit that existed on the effective date of this chapter may be legally established, and may continue to be used as an accessory dwelling unit, if (1) the property owner files an application for and obtains an accessory dwelling unit permit, and (2)(a) either files an affidavit that the accessory dwelling unit meets the minimum requirements of this chapter relating to fire, life safety, and public health, as determined by the Director, notwithstanding any other provision of this chapter, or (2)(b) requests that the accessory dwelling unit be inspected by the City to ensure the minimum requirements of this chapter relating to fire, life safety, and public health are met, as determined by the Director, not withstanding any other provision of the chapter. The application fee required in Section 18.31.040 shall be waived for an application for an accessory dwelling unit that existed on the effective date of this chapter, if the application is filed within eighteen (18) months of the effective date of this chapter.
B. The owner of an accessory dwelling unit that existed on the effective date of this chapter, and that does not meet the requirements of paragraph A above, must cease to use the structure or portion of a structure as an accessory dwelling unit.
18.31.060 Utility hook-up. The City shall not require that an accessory dwelling unit have a separate connection to any utility service facilities; provided, that the owner shall comply with any rules or regulations of the utility service provider regarding the connection of an accessory dwelling unit to the service provider's facilities.
18.31.070 Termination by property owner. The termination or elimination of an accessory dwelling unit may be accomplished by the property owner recording with the King County Department of Records and Elections a certificate that states that the accessory dwelling unit no longer exists on the property. The owner shall provide a copy of the certificate to the Department of Community Development.
18.31.080 Variances. Except as provided otherwise in Section 18.31.030D, any variance from the requirements of this chapter shall require approval pursuant to Chapter 18.44 and Title 19 of this code.
18.31.090 Violations. Any person violating any provision of this chapter shall be subject to an enforcement action, a civil penalty, or permit revocation, under Title 4 or Chapter 18.50 of this code, or any other remedy provided for by this code or by state law.
Section 4. This ordinance shall take effect five days after its publication.
PASSED BY THE CITY COUNCIL ON APRIL 18, 2000.
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Sonny Putter, Mayor
ATTEST:
___________________________
Laura Ulanowski, City Clerk
APPROVED AS TO FORM:
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Rod Kaseguma, City Attorney
Date of Publication: 4/22/2000
Effective Date: 4/27/2000