A. Purpose. The purpose of this chapter is to regulate the establishment of accessory dwelling units within or in conjunction with residential dwelling units while preserving the character of single-family residential neighborhoods. This section is intended to permit the establishment of additional living quarters within residential neighborhoods in order to (1) make it possible for adult children to provide care and support to a parent or other relative in need of assistance, (2) provide increased security and companionship for homeowners, (3) provide the opportunity for homeowners to gain the extra income necessary to help meet the rising costs of home ownership, and/or (4) provide for the care of disabled persons within their own homes.
B. General Provisions.
1. Permit Required. Any person who occupies or permits another person to occupy an accessory dwelling unit as a place of residence shall first obtain a permit. The permit shall be reviewed and processed in accordance with the requirements of Chapter 22.84 MMC, Permit Processing.
2. Owner Occupancy. Either the primary dwelling unit or the accessory dwelling unit shall be occupied by an owner of the subject property. Owner occupancy is defined as a property owner, as reflected in title records, who 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 designated owner-occupied unit.
3. Rental of Owner-Occupied Unit. The owner(s) shall not rent the designated owner-occupied unit, or any portion thereof, at any time for any period during the possession of the accessory dwelling unit (ADU) permit. Such rental shall void the permit.
4. Number of Occupants. The total number of occupants in both the primary dwelling unit and accessory dwelling unit combined shall not exceed the maximum number established for a family as defined in Chapter 22.12 MMC, Definitions. The purpose of this limitation is to ensure that the approval of an accessory dwelling unit shall not increase the overall density of the single-family residential neighborhood in which the accessory dwelling unit is located.
5. Location. The accessory dwelling unit may be attached to or included within the primary dwelling unit, or located in a detached structure. Detached accessory dwelling units shall be subordinate in location relative to the primary unit and shall only be located at the side or the rear of the primary dwelling unit. An accessory dwelling unit will be considered to be “detached” from the primary dwelling unit if it is surrounded on all sides by open space and does not share a common roof structure with the primary unit.
6. Minimum Lot Area. Accessory dwelling units shall only be allowed on lots in single-family residential zoning districts that have a minimum gross lot area of at least three thousand square feet.
7. Size and Scale.
a. Maximum Floor Area. In no case shall the total floor area of an accessory dwelling unit, whether attached or detached, exceed eight hundred square feet or forty percent of the floor area of the primary dwelling unit, whichever is less.
b. Bedrooms. An accessory dwelling unit shall contain no more than two bedrooms.
8. Bulk Requirements. The accessory dwelling unit shall comply with all applicable bulk requirements in MMC 22.16.040 for single-family zoning districts, as applicable.
9. Entrance. The primary entrance to an attached accessory dwelling unit shall be located in such a manner as to be clearly secondary to the main entrance to the primary dwelling unit. The primary entrance to the accessory dwelling unit should be located on the side or rear of the unit when possible.
10. Utilities. Only one electric and one water meter shall be allowed for the entire lot, serving both the primary and accessory dwelling unit.
11. Parking. In addition to the number of off-street parking spaces required for the primary dwelling unit, which is specified in Chapter 22.44 MMC, Parking Standards and Design, one off-street parking space shall be provided for an accessory dwelling unit.
12. Subdivision. Accessory dwelling units shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit.
13. Compliance with Other Applicable Regulations. Accessory dwelling units and, if applicable, the portion of the primary dwelling unit in which an accessory dwelling unit is proposed shall comply with all applicable provisions of relevant codes, statutes, and regulations, as now or hereafter amended. These codes include, but are not limited to: International Building Code; International Energy Conservation Code, Commercial and Residential; International Existing Building Code; International Residential Code; International Mechanical Code; International Fuel Gas Code; International Fire Code; Uniform Plumbing Code; Chapter 19.27 RCW, State Building Code; and MMC Title 15, Buildings and Construction.
14. Exceptions to Ceiling Height. All existing accessory dwelling units that are located within a dwelling unit, which was legally constructed but does not now comply with current ceiling height requirements of the construction codes set forth in MMC Title 15, shall be allowed to continue in their present form.
15. Nontransferability. A permit for an accessory dwelling unit shall not be transferable to any site other than the subject site described in the application.
16. Inspection. 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. Upon compliance with the provisions of this section, a permit for an accessory dwelling unit will be issued.
C. Application and Contents. An application for an accessory dwelling unit shall be made according to the submittal requirements in Chapter 22.84 MMC, Permit Processing, on forms prescribed by the city, and shall include the fee established by the current fee resolution. No application shall be deemed complete or accepted by the city until all applicable information in Chapter 22.84 MMC, Permit Processing, and set forth below has been submitted:
1. Affidavit. An affidavit, signed by the property owner before a notary public, affirming that the owner occupies either the primary dwelling unit or the accessory dwelling unit for more than six months per year.
2. Covenant. A covenant, in a form acceptable by the city attorney and suitable for recording with the county auditor, providing notice to future owners or long-term lessors of the subject site that the existence of the accessory dwelling unit or the primary unit is predicated upon the occupancy of either the accessory dwelling unit or the primary dwelling unit by the current owner of the property, and that the current owner must have a signed affidavit on file with the city, meeting the requirements of subsection (C)(1) of this section. The covenant shall also require any owner of the property to notify prospective buyers of the limitation of this chapter and to provide for the removal of improvements added to convert the premises to an accessory dwelling in the event that any condition of approval is violated.
3. Completeness. An application for an accessory dwelling unit permit shall not be issued until a recorded affidavit and covenant, as described above, are submitted to the Monroe community development department.
D. Review Process.
1. Permit Type. Applications for an accessory dwelling unit permit shall follow the procedures for a Type II permit review, pursuant to MMC 22.84.030, Types of project permits.
2. Public Notice. Accessory dwelling unit permits shall be subject to all applicable noticing requirements in MMC 22.84.050, Public notice requirements.
3. Public Hearing. Pursuant to Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, a public hearing is not required for an accessory dwelling unit permit application.
4. Decision. The final decision authority, as determined by Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, shall approve, approve with conditions, or deny an accessory dwelling unit permit.
5. Decision Criteria. An accessory dwelling unit permit shall not be granted by the decision authority unless the applicant demonstrates that the proposal meets all of the following criteria:
a. Accessory dwelling units shall only be allowed within single-family residential zoning districts, pursuant to this section.
b. An accessory dwelling unit shall be subordinate to and situated on the same lot as an existing primary dwelling unit.
c. No more than one accessory dwelling unit shall be permitted per lot.
d. Accessory dwelling units shall only be permitted as subordinate and incidental to detached single-family dwelling units. Accessory dwelling units shall not be permitted within attached dwelling units.
6. Conditions of Approval. In approving an accessory dwelling unit permit, the decision authority may attach thereto such conditions that they deem to be necessary or desirable in order to carry out the intent and purposes of this title.
7. Appeals. The action of the decision-making body in granting or denying an accessory dwelling unit permit is a final decision appealable to the appeal authority specified in Table 22.84.060(B)(2): Decision-Making and Appeal Authorities.
8. Elimination. Elimination of a registered accessory dwelling unit may be accomplished by the owner recording a certificate with the recording division of the Snohomish County auditor, which states that the accessory dwelling unit no longer exists on the property.
9. Expiration. The length of time during which an accessory dwelling unit permit is valid shall be determined by Table 22.84.060(E): Project Permit Approval Expiration. An accessory dwelling unit permit shall not be approved for a period of time greater than that which is specified in Table 22.84.060(E), exclusive of any extensions allowed. The date that the permit expires shall be specified in the conditions of approval. Once an accessory dwelling unit permit has been approved and issued by the city, the approved accessory dwelling unit may continue as long as all conditions of permit issuance are met.
10. Extensions. The zoning administrator may grant an extension of the period of accessory dwelling unit permit authorization when requested by the applicant at least sixty days prior the expiration of the accessory dwelling unit permit. Extension requests are subject to the requirements of MMC 22.84.060(F), Extensions. Only one extension may be granted for the accessory dwelling unit permit for a period not to exceed the extension period specified in Table 22.84.060(E): Project Permit Approval Expiration. Such an extension shall only be granted by the decision authority upon issuance of findings that the criteria for extensions in MMC 22.84.060(F), Extensions, have been met.
11. Modifications. Requested modifications to an accessory dwelling unit permit shall be reviewed pursuant to the requirements of MMC 22.84.060(G), Substantial Revisions or Modifications to Proposal.
E. Enforcement. A permit determined to be in violation of this title, and/or any other applicable permit provisions, permit conditions, rules, or regulations may be revoked, suspended, or modified by the city subject to MMC 22.10.100, Review, revocation, and modification of permits and approvals. Revocation of an accessory dwelling unit permit may result from an enforcement action by the city. The accessory dwelling unit may either be converted to another permitted use or be permanently removed from the property. Permits for accessory dwelling units may be revoked under the following circumstances:
1. The accessory dwelling unit is substantially altered and is thus no longer in conformance with the plans and drawings reviewed and approved by the permitting authority and building official.
2. The subject site ceases to maintain the required number of parking spaces.
3. The property owner ceases to reside in either the primary dwelling unit or the accessory dwelling unit for at least six months per year.
4. The owner-occupied unit is rented at any time for any period of time.
5. The property owner fails to file the affidavit and/or covenant required under subsection (C) of this section. (Ord. 005/2019 § 10 (Exh. B))