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HomeMy WebLinkAboutPlanning 2020-02-27 Item 4 - Attachments - Accessory Dwelling Unit (ADU) Regulations Update12 J00411111 * ulty of Tukwi*la Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AND TABLE 18-6, "LAND USES ALLOWED BY DISTRICT," AS CODIFIED IN TITLE 18, "ZONING," OF THE TUKWILA MUNICIPAL CODE, AND ADDING NEW SECTIONS TO TITLE 18, PERTAINING TO ACCESSORY DWELLING UNIT REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila's Zoning Code, codified at the Tukwila Municipal Code, Title 18, contains provisions pertaining to accessory dwelling units ("ADU"); and WHEREAS, the Tukwila City Council desires to update the Zoning Code to make modifications to the City's regulations for ADUs; and WHEREAS, the City wishes to provide more affordable housing for its residents; and WHEREAS, the City wishes to minimize impact on surrounding single family homes by limiting attached ADUs and detached ADUs to one per lot and requiring documented homeowner occupancy of at least one of the units 100% of the time; and WHEREAS, the Zoning Code includes a "Definitions" section and the City wishes to update it to include a definition of accessory dwelling unit; and WHEREAS, the Zoning Code includes standards for the design of single family dwellings and the City wishes to update them to address accessory dwelling units; and WHEREAS, the City wishes to provide exceptions to the single family design standards for high quality, innovatively designed ADUs; and WHEREAS, the City wishes to adopt a new section of the Zoning Code with standards for the location, size, height, and use of accessory dwelling units; and W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 1 of 1A f� WHEREAS, the City wishes to adopt a new section of the Zoning Code with new requirements for the registration of accessory dwelling units; and WHEREAS, the City wishes to encourage the registration of existing accessory dwelling units by offering additional flexibility during a one-year amnesty period; and WHEREAS, the City wishes to remove accessory dwelling units as accessory uses in non-residential zones, and WHEREAS, on October 18, 2017, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on October 26, 2017, the Tukwila Planning Commission, following adequate public notice, including notice mailed to all owners and tenants of Low Density Residential -zoned parcels, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code as described herein; and WHEREAS, on January 24, 2018, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on these proposed amendments; and WHEREAS, on February 15, 2018, the Tukwila Planning Commission adopted a motion recommending the proposed amendments; and WHEREAS, on April 9, 2017 the Tukwila City Council, following adequate public notice, held a public hearing to receive a testimony concerning the recommendations of the Planning Commission; and WHEREAS, the City Council finds that the proposed amendments serve to further implement the planning goals of the adopted Comprehensive Plan and the Growth Management Act, bear a substantial relation to the public health, safety or welfare, and promote the best long-term interests of the Tukwila community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC Section Adopted. A new section is hereby added to Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," to read as follows: Accessory Dwelling Unit "Accessory dwelling unit (ADU)" means a dwelling unit that is within or attached to a single-family dwelling or in a detached building on the same lot as the primary single- family dwelling. An ADU is distinguishable from a duplex by being clearly subordinate to the primary dwelling unit, both in use and appearance. W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc )GTs Page 2 of 18 Section 2. Ordinance Nos. 2518 §7, 1971 §4, and 1758 §1 (part), as codified at TMC Section 18.10.060, "Basic Development Standards," are hereby amended to read as follows: 18.10.060 Basic Development Standards Development within the Low -Density Residential District shall conform to the following listed and referenced standards: LDR BASIC DEVELOPMENT STANDARDS Lot area, minimum . . ... ............ . . 6,500sq._ ft Average lot width (min. 20 ft. street frontage width),_minimum 50 feet Development Area, maximum (only for single family development) 75% on lots less than 13,000 sq. ft. up to a maximum of 5,850 sq. ft. ..... . ...... . . . ........ . ..... — 45% on lots greater than or equal to 131GNN. ft. Setbacks to yards, minimum: • Front 20 feet • Front, decks or porches 15 feet • Second front . ........ . 10 feet • Sides 5 feet • Rear 10 feet JHeight, maximum 30 feet Off-street parking: - Residential See TMC Chapter 18.56, Off-street Parking & Loading Regulations . . .. ...... .. .... ...... . • Accessoty dwelling unit See TMC Section 18.50.220 • Other uses --- See TMC Chapter 18.56, Off-street Parking & Loading Regulations ....... . Section 3. Ordinance Nos. 2199 §12, 1976 §23, and 1758 §1 (part), as codified at TMC Section 18.12.070, "Basic Development Standards," are hereby amended to read as follows: W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 3 of 19 18.12.070 Basic Development Standards Development within the Medium Density Residential District shall conform to the following listed and referenced standards: MDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 8,000 sq. ft. (Applied to parent lot for townhouse plats) Lot area per unit 3,000 sq. ft. (For townhouses the (multi -family) density shall be calculated based on one unit per 3000 sq. ft. of parent lot area. The "unit lot" area shall be allowed to include the common access easements). Average lot width 60 feet (min. 20 ft. street frontage width), (Applied to parent lot minimum for townhouse plats) Setbacks, minimum: Applied to parent lot for townhouse plats • Front - 1st floor 15 feet • Front - 2nd floor 20 feet • Front - 3rd floor 30 feet (20 feet for townhouses) • Second front - 1st floor 7.5 feet • Second front - 2nd floor 10 feet • Second front - 3rd floor 15 feet (10 feet for townhouses) • Sides - 1st floor 10 feet • Sides - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Sides - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) • Rear - I st floor 10 feet • Rear - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Rear - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) Townhouse building separation, minimum * I and 2 story buildings 10 feet * 3 story buildings 20 feet W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc 1G,6bjs Page 4 of 18 Height, maximum 30 feet Landscape requirements (minimum): Applied to parent lot for townhouse plats See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for further requirements • Front(s) 15 feet • Sides 10 feet • Rear 10 feet Development area coverage 50% maximum (75% for townhouses) Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off-street parking: • Residential See TMC Chapter 18.56, Off-street Parking & Loading Regulations. • Accessory dwelling unit See TMC Section 18.50.220 • Other uses See TMC Chapter 18.56, Off-street Parking & Loading Regulations Section 4. Ordinance Nos. 2199 §14, 1976 §27, 1830 §3, and 1758 §1 (part), as codified at TMC Section 18.14.070, "Basic Development Standards," are hereby amended to read as follows: 18.14.070 Basic Development Standards Development within the High -Density Residential District shall conform to the following listed and referenced standards: Lot area, minimum 9,600 sq. ft. (Applied to parent lot for townhouse plats) Lot area per unit 2,000 sq. ft. (For townhouses the (multi -family, except density shall be calculated based on senior citizen housing) one unit per 2000 sq. ft. of parent lot area. The "unit lot" area shall be allowed to include the common access easements.) Average lot width 60 feet (min. 20 ft. street frontage width), (Applied to parent lot minimum for townhouse plats)_ Setbacks, minimum: Applied to parent lot for townhouse plats • Front - 1st floor 15 feet • Front - 2nd floor 20 feet • Front - 3rd floor 30 feet (20 feet for townhouses) • Front — 4th floor 45 feet (20 feet for townhouses) W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 5 of i Y • Second front - 1st floor 7.5 feet • Second front - 2nd floor 10 feet • Second front - 3rd floor 15 feet (10 feet for townhouses) • Second front— 4th floor 22.5 feet (10 feet for townhouses) • Sides - 1st floor 10 feet • Sides - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Sides - 3rd floor 20 feet (30 feet if adjacent to LDR) (10 feet for townhouses unless adjacent to LDR) • Sides — 4th floor 30 feet (20 feet for townhouses unless adjacent to LDR) • Rear - 1st floor 10 feet • Rear - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Rear - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) • Rear — 4th floor 30 feet (20 feet for townhouses unless adjacent to LDR) Townhouse building separation, minimum • 1 and 2 story buildings 10 feet • 3 and 4 story buildings 20 feet Height, maximum 45 feet Development area coverage 50% maximum (except senior citizen housing), (75% for townhouses) Landscape requirements (minimum): Applied to parent lot for townhouse plats See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for further requirements • Fronts 15 feet • Sides 10 feet • Rear 10 feet Recreation space 400 sq. ft. per dwelling unit 1,000 sq. ft. min. Recreation space, 100 sq. ft. per dwelling unit senior citizen housing W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc RG$bis Page 6 of 18 Off-street parking: • Residential (except senior citizen See TMC Chapter 18.56, housing) Off-street Parking & Loading Regulations. • Accessory dwelling unit See TMC Section 18.50.220 • Other uses, including senior citizen See TMC Chapter 18.56, housing Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated Section 5. Ordinance Nos. 2251 §22, 1976 §30, 1758 §1 (part), as codified at TMC Section 18.16.080, are hereby amended to read as follows: 18.16.080 Basic Development Standards 1872 §1, 1865 §18, 1830 §7, and "Basic Development Standards," Development within the Mixed Use Office District shall conform to the following listed and referenced standards. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.030). Certain setback and landscaping standards may be waived by the Director of Community Development as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian oriented space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. (See the Tukwila International Boulevard Design Manual for more detailed directions.) MUO BASIC DEVELOPMENT STANDARDS --- . .. .... - Lot area per unit, 3,000 sq. ft. multi -family (except senior citizen housing), minimum Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 10 feet • Sides, if any portion of the yard is Ratio of 1.51 setback within 50 feet of LDR, MDR, HDR (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 7 of 16 • Rear • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Height, maximum Landscape requirements (minimum): Recycling/Solid Waste Space requires • Front • Second front • Sides • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR • Rear • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Recreation space Recreation space, senior citizen housing Off-street parking: - Residential (except senior citizen 10 feet Ratio of 1.51 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet 4 stories or 45 feet See Landscape, Recreation, vents chapter for further requirements 15 feet 12.5 feet 5 feet 10 feet 5 feet 10 feet 200 sq. ft. per dwelling unit -_(1,000 sq. ft. min.) 100 sq. ft. per dwelling unit See TIVIC Chapter 18.56, Off street housing) Parkirlg_& Loading Regulations • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses, including senior See TIVIC Chapter 18.56, Off-street citizen housing Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TIVIC Chapter 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse environmental impacts have been adequately m Section 6. Ordinance Nos. 1976 §35, 1872 §2, and 1758 §1 (part), as codified at TIVIC Section 18.18.080, "Basic Development Standards," are hereby amended to read as follows: W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 8 of 18 20 18.18.080 Basic Development Standards Development within the Office District shall conform to the following listed and referenced standards: OFFICE BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 10 feet • Sides, if any portion of the and is within 50 feet of LDR, MDR, HDR - I st Floor 10 feet - 2nd Floor 20 feet - 3rd Floor 30 feet • Rear 10 feet • Rear, if any portion of the and is within 50 feet of LDR, MDR, HDR - 1st Floor 10 feet - 2nd Floor 20 feet - 3rd Floor 30 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requ . rements chapter for further requirements • Front 15 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Off-street parking: • Residential See TMC 18.56, Off-street Parking/Loading Regulations • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC 18.56, Off-street Parking & Loading Regulations W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 9 o21f 18 Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 7. Ordinance Nos. 2518 §8, 1976 §39, 1872 §3, and 1758 §1 (part), as codified at TMC Section 18.20.080, "Basic Development Standards," are hereby amended to read as follows: 18.20.080 Basic Development Standards Development within the Residential Commercial Center District shall conform to the following listed and referenced standards: RCC BASIC DEVELOPMENT STANDARDS Lot area, minimum - ----------- . .................-- 5,000 sq. ft Lot area per unit (multi -family), 3,000 sq. ft. minimum .. . ............... . . . .... . ........... . .. Setbacks to yards, minimum-: - front . .. . ...... . 20 feet . .... ......... - Second front 10 feet . .. ................ ........... .. . . . ... ........... . ...... • Sides — -------- -- 5 feet • Sides, if any portion of the yard is 10 feet within 50 feet of LDR, MDR, HDR . . ....... .. - Rear 10 feet maximum 3 stories or 35 feet Landscape requirements (minimum): All setback areas shall be landscaped. Required landscaping may include a mix of plant materials, bioretention facilities, pedestrian amenities and features, outdoor cafe -type seating and similar features, subject to approval. See Landscape, Recreation, .-Rey dingVSolid Waste Space chapter for further requirements • Front 20 feet • Second front 10 feet • Sides, if any portion of the yard is . . . .......... 10 feet within 50 feet of LDR, MDR, HDR • Rear, if any portion of the yard is .................... 10 feet within 50 feet of LDR, MDR, HDR Recreation space 200 sq. ft. per dwelling unit _(1,000 sq. ft. min. __ W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc 22 NG:bjs Page 10 of 18 . . . . . . . .... . ........... Off-street parking: • Residential See TIVIC Chapter 18.56, Off-street Parking & Loading Regulations • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses - - ------ See TIVIC Chapter 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TIVIC Chapter 8.22, "Noise", and (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse environmental impacts have been uately mitigated. Section 8. Ordinance Nos. 1976 §42, 1872 §4, 1865 §25, 1830 §13, and 1758 §1 (part), as codified at TIVIC Section 18.22.080, "Basic Development Standards," are hereby amended to read as follows: 18.22.080 Basic Development Standards Development within the Neighborhood Commercial Center District shall conform to the following listed and referenced standards: In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TIVIC Section 18.60.030). Certain setback and landscaping standards may be waived by the director of Community Development as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. See the Tukwila International Boulevard Design Manual for more detailed directions. W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 11 of 18 23 NCC BASIC DEVELOPMENT STANDARDS Lot area per unit for senior citizen housing, 726 sq. ft. (senior housing) minimum Setbacks to yards, minimum: • Front 6 feet (12 feet if located along Tukwila International Blvd. S. • Second front 5 feet • Sides 10 feet • Sides, if any portion of the yard is Ratio of 1.5:1 setback within 50 feet of LDR, MDR, HDR (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 20 feet • Rear 10 feet • Rear, if any portion of the yard is Ratio of 1.5:1 setback within 50 feet of LDR, MDR, HDR (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 20 feet Height, maximum 3 stories or 35 feet (4 stories or 45 feet in the NCC of the Tukwila International Boulevard, if a mixed use with a residential and commercial component) Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements • Front 5 feet • Front(s) if any portion of the yard is 10 feet within 50 feet of LDR, MDR, HDR • Sides None • Sides, if any portion of the yard is 10 feet within 50 feet of LDR, MDR, HDR • Rear none • Rear, if any portion of the yard is 10 feet within 50 feet of LDR, MDR, HDR Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, 100 sq. ft. per dwelling unit senior citizen housing W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 12 of 18 24 Off-street parking: • Residential (except senior citizen See TIVIC 18.56, Off-street housing) Parking/Loading Regulations • Office 3 per 1,000 sq. ft. usable floor area • Retail 2.5 per 1,000 sq. ft. usable floor area • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen See TIVIC 18.56, Off-street housing Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TIVIC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 9. Ordinance Nos. 2500 §23, and 2098 §2, as codified at TIVIC Section 18.50.050, "Single -Family Dwelling Design Standards," are hereby amended to read as follows: 18.50.050 Single -Family Dwelling Design Standards All new single-family dwellings, as well as accessory dwelling units and other accessory structures that require a building permit, must: 1. Be set upon a permanent concrete perimeter foundation, with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either load bearing or decorative. 2. If a manufactured home, be comprised of at least two fully -enclosed parallel sections, each of not less than 12 feet wide by 36 feet long. 3. Be thermally equivalent to the current edition of the Washington State Energy Code with amendments. 4. Have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber - cement siding, wood -composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable. 5. Have the front door facing the front or second front yard, if the lot is at least 40 feet wide. This requirement does not apply to ADUs or accessory structures. W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 13 of 18 25 6. Have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile, with a minimum roof pitch of 5:12. Section 10. Ordinance Nos. 2368 §52, and 2098 §3, as codified at TIVIC Section 18.50.055, "Single -Family Design Standards Exceptions," are hereby amended to read as follows: 18.50.055 Single -Family Design Standard Exceptions A. The design standards required in TIVIC Section 18.50.050 (4), (5) and (6) may be modified by the Community Development Director as a Type 2 Special Permission decision. 1. The criteria for approval of use of unconventional exterior siding are as follows: a. The structure exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation; and b. The proposed siding material is durable with an expected life span similar to the structure; and c. The siding material enhances a unique architectural design. 2. The criteria for approval of a roof pitch flatter than 5:12 are as follows: a. The proposed roof pitch is consistent with the style of the house (for example modern, southwestern); in height; b. If a flat roof is proposed, the top of the parapet may not exceed 25 feet c. If a sloped roof is proposed, it must have at least 24-inch eaves; and d. The house exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation. 3. The criteria for approval of a house with a front door that faces the side or rear yard are as follows: a. The topography of the lot is such that pedestrian access is safer or more convenient from the side or rear yard; b. The house will be set back at least twice the minimum front yard setback; c. The entrance is oriented to take advantage of a site condition such as a significant view; or d. The entry feature is integral to a unique architectural design. W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc 2NG:bjs Page 14 of 18 6 B. The design standards required in TIVIC Section 18.50.050 (5) and (6) may also be modified by the Community Development Director as a Type 2 Special Permission decision if the proposal includes a replacement of a single wide manufactured home with a double wide and newer manufactured home. The property owner can apply for this waiver only one time per property starting from the date of adoption of this ordinance. Additionally, the proposal should result in aesthetic improvement to the neighborhood. C. The design standards required in TIVIC Section 18.50.220.A (4) may be modified by the Community Development Director as a Type 2 Special Permission decision. The design of an attached ADU that does not reflect the design vocabulary of the existing primary residence may be approved if the new portion of the structure exhibits a high degree of design quality, including a mix of durable exterior materials, detailing, articulation and modulation. Section 11. TIVIC Section Adopted. TIVIC Section 18.50.220, "Accessory Dwelling Unit (ADU) Standards," is hereby established to read as follows: 18.50.220 Accessory Dwelling Unit (ADU) Standards A. General Standards. 1. Detached ADUs may only be built on lots that meet the minimum lot size required in the Zoning District they are located within. Attached ADUs have no minimum lot size requirement. 2. Only one ADU, either attached or detached, is permitted per parcel containing a single-family dwelling. 3. Attached ADUs may occupy a maximum of 40% of the square footage of the primary single-family dwelling (excluding the area of any attached garage) or up to 1,000 square feet, whichever is less. 4. Attached ADUs created through additions to the primary single-family dwelling shall be consistent with the roof pitch, materials and window type of the existing structure. 5. Detached ADUs may be a maximum of 800 square feet. If built over a detached garage, the detached garage would not count toward the area limit for the ADU. 6. Detached ADUs may be up to 20 feet in height, except that an ADU built over a detached garage may be up to 25 feet in total height. 7. Detached ADUs must be set back at least as far from the street as the primary single-family dwelling. This does not apply to the second front of a through or corner lot, where the unit is incorporated into an existing structure, or where there is at least 60 feet between the existing single-family dwelling and the front property line. 8. ADUs should be designed and located in a manner that minimizes the impact on adjacent development. This can be achieved by avoiding window and door placement directly across from openings on neighboring structures or where that is not W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 15 of 18 27 practical using clerestory windows or obscure glass. Screening with fences and landscaping can be used to limit visibility of ADUs and enhance privacy. 9. The ADU may not be sold as a condominium or otherwise segregated in ownership from the primary single-family dwelling. 10. ADUs may not be rented for periods of less than 30 days. 1. One off-street parking space must be provided for each studio or one bedroom ADU, with one additional space required for each additional bedroom. 2. These ADU parking spaces are in addition to any parking spaces required for the primary single-family dwelling. 3. Tandem spaces are permitted. C. Owner Occupancy Requirement. 1. A person who owns at least 50% of the property must physically reside in either the ADU or the primary single-family dwelling. The owner's unit may not be rented to another party for any period of time. 2. The owner must provide documentation of their occupancy such as a vehicle or voting registration. Falsely certifying owner occupancy or failure to comply with the residency requirement shall result in the loss of ADU registration and penalties per TMC Chapter 5.06. 3. The owner or owners must sign and record an affidavit on forms provided by the City acknowledging that this requirement shall run with the land. 4. If the owner occupancy requirement is violated an owner shall either: a. Re -occupy one of the units, or b. Remove the elements of the accessory dwelling unit that make it a complete, separate dwelling unit. D. Failure to comply with any of the requirements of this section shall be subject to enforcement and penalties as prescribed in TMC Chapter 8.45 and the issuance of a Notice of Violation and Order in accordance with TMC Section 8.45.070. Section 12. TMC Section Adopted. TMC Section 18.50.230, "Accessory Dwelling Unit (ADU) Registration Procedures," is hereby established to read as follows: 18.50.230 Accessory Dwelling Unit (ADU) Registration Procedures A. To gain the City's approval to establish an ADU, a property owner shall submit a registration form, sign and record an affidavit of owner occupancy, and obtain a building permit for any necessary remodeling or construction. B. All ADUs existing prior to the enactment of these requirements shall apply for registration within one year after the effective date of Ordinance No. 2581. Within the W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc yel S Page 16 of 18 one-year amnesty period existing ADUs may be registered without meeting one or more of the following standards: 1. Exceeding the permitted height for a detached ADU. 2. Exceeding the permitted area for an attached or detached ADU up to a maximum of 1,200 square feet. 3. Only providing one parking space when the ADU requires more. 4. Having a roof pitch of less than 5:12. 5. Location of the ADU on the lot. C. Illegally -created ADUs must be brought into compliance with the life safety requirements of the Tukwila Municipal Code, International Residential Code and International Property Maintenance Code or they must be removed. D. If either the primary single-family dwelling or the ADU will be rented, a Residential Rental Business License per TMC Chapter 5.06 must be obtained prior to occupancy of the unit by a tenant. Section 13. Table 18-6: "Land Uses Allowed by District," as codified in TMC Title 18, relating to "Dwelling unit —Accessory," and footnote 17, are hereby amended as set forth below. The amended Table 18-6 is attached as Exhibit A. r r r � t5 �i- �,> r,J / r �/ r t,,,;/1ft t, r J / "r ,J, rr t t r 211, '. 'd ✓r 1 1 � Jr• ,r, t t r rr � J.f . >r , f t, � f, . r.b ( 1. l t r ,✓ rr/ � , 1, �l • l I, � r � I 7'({ � 1 (� l.f � 4 r/� 4 5 /(, t, J ,/ r rr^� fl f 1 t, r / � o /, a� Ir �1 %t / � �./ f n 1, r .f / � � a IF I T, r r 1 r // rl / it �{ �; ,J � } /rf � � � �7 JJ�� l itl, r r ,.rl f J r r�F J � / o.f / / rl / �, ,I "i f rf /r,r / �f!} .,I /Jr��, ., • ,f. ( �1, fi°�I %.i/, d)(' '/r. .�1r Ar lil l� 1 f MINE � �r1�� , r ,Y 1 ,� � , / • •, t s � J '✓f `'i� .�l "i r i ((r � //J t% � ,f cf / r / � � f�rr P � , ! ir' jt J. ./ Jr �rFr61�Jfii,/l,� �,,� � I •, r,urr,/,i ,)/ 5 )� ..,a..r,..✓/r>//r�,bll,r lrJli �tr���%nl �. JJf,rr?'��(/..ri�/,✓,If.�� I�..Zf�Itj�.,If �I,,, c..,r. J�b4 i✓ 1, Jr r. (t,�I,t. (rr+�,.r �ar Rl/.., rlfl�:�:T ,. fi„n�,.l >t .J�r/r .. lf��rl r'!, r 1 %r r� t ,<, 17 Dwellingunit— Accessory A A A A A A A A A 17. See TMC Section 18.50.220 for accessory dwelling unit standards. Section 14. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 15. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing\Ordlnances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 17 of 18 Section 16. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12018. ATTEST/AUTHENTICATED: wa aKA Christy O'Flandrty, MMC, City CleriF Allan k kMe r�*, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: L- - 4 Passed by the City Council: Published: --f-I --I- Effective Date: j Rachel B. Turpin, City Attorney Ordinance Number: Attachment: Exhibit A, Table 18-6: Land Uses Allowed by District W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc N 30 G: bj's Page 18 of 18