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Home My WebLink About5399 ORDINANCE NO. 5 3 9 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 18.04 ENTITLED "DEFINITIONS" TO ADD A NEW AUBURN CITY CODE SECTION 18.04.018 ENTITLED "ACCESSORY DWELLING UNIT" TO PROVIDE A DEFINITION THEREFOR AND AMENDING CHAPTER 18.48 ENTITLED "SUPPLEMENTAL DEVELOPMENT STANDARDS" TO ADD A NEW AUBURN CITY CODE SECTION 18.48.120 ENTITLED "ACCESSORY DWELLING UNITS" TO PROVIDE GUIDELINES AND REQUIREMENTS FOR ACCESSORY DWELLING UNITS AS PART OF A SINGLE FAMILY HOME OR AN ACCESSORY STRUCTURE OTHERWISE ALLOWED BY THE APPLICABLE ZONING DISTRICT. WHEREAS, the City desires to add a new Auburn City Code Section 18.04.018 entitled "Accessory Dwelling Unit" contained in Chapter 18.04 entitled "Definitions" as to provide a definition for "accessory dwelling units"; and WHEREAS, the City also desires to add a new Auburn City Code Section 18.48.120 entitled "Accessory Dwelling Units" contained in Chapter 18.48 entitled "Supplemental Development Standards" to provide guidelines and requirements for accessory dwelling units as part of a single family home or an accessory structure otherwise allowed by the applicable zoning district; and WHEREAS, the new Auburn City Code Sections 18.04.018 entitled "Accessory Dwelling Unit" provides a definition for accessory dwelling unit and 18.48.120 entitled "Accessory Dwelling Units" provides guidelines and requirements for accessory dwelling Units as part of a single family home or an accessory structure otherwise allowed by the applicable zoning district; Ordinance No. 5399 06/01/00 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PURPOSE: The purpose of this ordinance is to add a new Auburn City Code Section 18.04.018 entitled "Accessory Dwelling Unit" contained in Chapter 18.04 entitled "Definitions" to provide a definition for accessory dwelling unit and to add a new Auburn City Code Section 18.48.120; entitled "Accessory Dwelling Units" contained in Chapter 18.48 entitled "Supplemental Development Standards" to provide guidelines and requirements for accessory dwelling units as part of a single family home or an accessory structure otherwise allowed by the applicable zoning district, as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. Section 2. CONSTITUTIONALITY OR INVALIDITY: If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsection, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that any one or more section, subsection, clause, phrase, or sentence, be declared invalid or unconstitutional. Section 3. Irnl~lementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 5399 06/01/00 Page 2 Section 4. Effective date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. INTRODUCED: June 5, 20O0 PASSED: Ju~e 5, 2000 3Lu'xe 5, 2000 APPROVED: CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk Michael J. Reynolds, City Attorney PUBLISHED: Ordinance No. 5399 06/01/00 Page 3 18.04.018 Accessory Dwelling Unit An "accessory dwelling unit" is a self-contained residential unit that is accessory to a single family home. An accessory dwelling unit cannot be a separate freestanding structure but must be part of the single family home or an accessory structure otherwise allowed by the applicable zoning district. An accessory dwelling unit has its own bathroom, kitchen facilities, living and sleeping areas, though it can share other features with the single family home including the yard, parking, storage or laundry facilities. 18.48.120 Accessory Dwelling Units Accessory dwelling units are permitted out-right in all residential zoning districts, that permit single family homes, and may be developed with new or existing single family homes. The development standards of the underlying zoning district and the following siting and performance standards shall apply to all accessory dwelling units as defined by section 18.04.018. A. The home or accessory dwelling unit must be the principal place of residence for the homeowner. B. Only one accessory dwelling unit may be permitted per single family residence. C. An accessory dwelling unit shall not be larger than 50 percent of the square footage of the single family home with garage space not being included in the calculation. In no case shall the accessory dwelling unit be more than 800 square feet, nor less than 300 square feet, nor have more than 2 bedrooms. D. Exterior Appearance/Modifications: 1. Any alterations shall not change the appearance from that of a single- family residence, as determined by the Planning Director. 2. Only one exterior entrance is allowed to the accessory dwelling unit and it can be located no closer than 10 feet to an adjoining property line. Ordinance 5399 ExhibitA Page, 1 Accessory Dwelling Units, Page 2 3. Any exterior stairs shall be placed in the rear or side yard and are no closer than 10 feet to an adjoining property line. 4. Where garage space is converted to living space the garage door shall be replaced with materials that match the exterior of the house. If a detached garage is converted its appearance must still be that of a detached garage and the detached garage must be able to be used for parking of at least one vehicle. E. Parking Requirements 1. The parking required for the existing single family home must meet all requirements of the Zoning Code including amount, size and setback requirements in order for an accessory dwelling unit to be allowed. 2. One additional parking space, beyond those required for the single family home, is required for an accessory dwelling unit. The additional parking space must also meet all requirements of the Zoning Code. 3. Newly created parking shall make use of existing curb cuts, when possible. F. An accessory dwelling unit may not be sold as a separate piece of property, or as a condominium unit, unless allowed by the existing zoning on the property. G. Any homeowner seeking to establish an accessory dwelling unit shall apply for approval in accordance with the following procedures: 1. The homeowner shall apply for an accessory dwelling unit permit with the Building Division. A complete application shall include a properly completed application form, floor and structural plans, fees and an affidavit of owner residency. The affidavit of owner residency must be signed before a notary public affirming that the owner meets the requirements of section 18.48.120(A- E). 2. Before issuance of the accessory dwelling unit permit, the homeowner must provide a copy of a statement recorded with the County Records and Elections office. The statement must read: "A permit for an accessory dwelling Ordinance 5399 EXhj35it A Page 2 donors of any such money gifts to such fund might specify. (Ord. 4536 § 1, 1992; Ord. 4110 § 1, 1986; Ord. 2889 §§ 1 - 3, 1975.) Ordinance 5400 Exhibit "A" Page 2 Accessory Dwelling Units, Page 3 unit has been issued, by the City of Auburn, to the owner of this property. Future owners are advised that the owner of the property must comply with all requirements of section 18.48, 120 of the Auburn Zoning Code, as amended, if the accessory dwelling unit is to be occupied or rented." H. If an accessory dwelling unit is to be removed appropriate permits and inspections must first be received from the Auburn Building Division. If a homeowner wants to remove the statement as required by section 18.48.120(G, 2), from the property's Title, then the City shall issue an appropriate release upon evidence that the accessory dwelling unit has been removed. The release shall be recorded, by the homeowner, with the County Records and Elections .office and a copy of the recorded release shall be provided to the Auburn Building Division. ACCDU1 Ordinance 5399 :'E~%ihit A Page 3