A.

Purpose and Authority.

1.

It is the purpose of this legislation to implement policy provisions of the city's comprehensive plan promoting increased housing options and innovation that will help meet the needs of the many sectors of the community, including smaller households, students, senior citizens, people with disabilities, and low-income families; encourage well-designed infill development; and improve the economic and social well-being of the community. This does not include provisions for short-term rentals.

2.

The Public Works Director shall have the authority to approve accessory dwelling units (ADUs) which are consistent with the regulations and provisions herein.

3.

Enforcement. The city retains the right (with reasonable notice) to inspect the ADU for compliance with this section.

4.

Any property owner with an unpermitted ADU on its property shall be in violation of this subsection and subject to penalties in Gold Bar Municipal Code (GBMC) Section 17.84.040.

5.

Any property owner with an ADU on its property that is in violation of any standard in subsection B of this section shall be in violation of this subsection and subject to the penalties in GBMC Section 17.84.040.

B.

Standards and Criteria.

1.

Accessory dwelling units (ADUs) may be allowed in general use types, where listed as a permitted use, if they comply with the requirements listed in this section.

2.

An ADU shall comply with all zoning code provisions for the primary dwelling unit, including height, setbacks, floor area, accessory buildings, and open space, except as provided in this section. This provision shall also apply to ancillary structure attached to a D-ADU such as garages, carports, garden sheds, and workshops.

3.

Applicants may request minor modifications to the development and design standards for ADUs. A minor modification is a request by the applicant to meet or exceed a particular ADU standard through the use of a technique or alternative standard not otherwise listed under the applicable requirement. Minor modifications are not variances and are not required to meet all the criteria typically associated with a variance application. The Public Works Director may grant a minor modification if the following criteria are met:

a.

The site is physically constrained due to, but not limited to, unusual shape, topography, easements, existing development on site, or critical areas; or

b.

The granting of the modification will not result in a development that is less compatible with adjacent neighborhood land uses; and

c.

The granting of the modifications will not be materially detrimental to the public welfare or injurious to other land or improvements in the vicinity and district in which the property is situated; and

d.

The granting of the modification is consistent with the purpose and intent of this section; and

e.

All reasonable mitigation measures for the modification have been implemented or assured.

4.

Ownership and Occupancy.

a.

The land on which the ADU is located shall not be subdivided from the land on which the primary dwelling unit is located.

b.

Properties with an approved ADU may not use the primary unit or the ADU as a short-term rental.

5.

Site Requirements.

a.

No more than two (2) ADUs shall be permitted in conjunction with the primary dwelling unit on a single lot of record. The lot may not contain more than one primary dwelling unit. The ADUs are exempt from density limitations and may be in any configuration of attached or detached units.

b.

The ADU main entrance shall have direct access to a street via a pedestrian path, driveway, or alley.

c.

Prior to approval, the Snohomish County Department of Health must verify that the required septic system, joint or separate, meets the necessary requirements to protect the ground water and that the proposed or existing system(s) has the capacity to meet the needs of both the primary unit and the ADU(s).

6.

ADU Size.

a.

Attached and Detached ADUs. An ADU shall not exceed one thousand (1,000) square feet. An ADU shall not be larger than the primary dwelling unit.

b.

Attached ADUs (A-ADU). The maximum floor area in subsection (B)(6)(a) of this section does not apply when the basement of a primary dwelling unit is converted to an A-ADU, and the primary dwelling unit has been on the site for at least five (5) years.

c.

Detached ADUs (D-ADU). The floor area for D-ADUs shall be calculated to include all attached ancillary space (garage, workshop, garden shed, etc.). Maximum allowed floor area limits are as follows:

i.

A D-ADU with ancillary space may exceed one thousand (1,000) square feet when approved by the hearing examiner through the conditional use permit process pursuant to GBMC Section 17.16.030.

ii.

When an oversized detached accessory building approved by a conditional use permit has been on-site for at least five (5) years, conversion of said building to a D-ADU, may occur without subsequent conditional use permit approval.

iii.

For subsections (B)(6)(c)(i) and (ii) of this section, the floor area of the D-ADU, sans ancillary space, shall not exceed that specified in subsection (B)(6)(a) of this section.

7.

Minimum Yards for D-ADUs.

a.

Front and side-flanking yards shall comply with the zoning code provisions for the primary dwelling unit except that when the vehicular entrance to an attached garage or carport faces a street, the entrance shall be set back a minimum of twenty (20) feet from the front property line, and ten (10) feet from a side-flanking property line.

b.

A five-foot side and rear yard setback shall be provided, measured from the property line to the foundation of the structure, except as follows:

i.

When abutting an alley, there is no required side, or rear, yard setback from the alley.

ii.

A D-ADU may be located in a rear yard or an interior yard, provided:

(A)

A D-ADU is to be located at least five (5) feet from any common property line; or

(B)

If site characteristics warrant such that, in the opinion of the Public Works Director, impacts to abutting property would be negligible due to, but not limited to, one (1) or more of the following:

(1)

The existing use and development pattern on abutting property.

(2)

Minimal disruption of solar access to outdoor recreation or garden space on abutting property compared to what may otherwise occur with the application of standard development regulations.

(3)

Site characteristics such as building a D-ADU downslope from abutting property.

(4)

Conversion of a detached accessory building that is at least five (5) years old and has had no additions within the required side or rear yard within that time period.

(5)

Any minor modification from standard development regulations requested pursuant to this subsection (B)(7)(b)(ii) shall be processed as a request for minor modification pursuant to subsection (B)(3) of this section.

c.

A minimum six (6) feet of separation is required between the primary dwelling unit and the D-ADU.

8.

Building Height for D-ADUs. A D-ADU shall be no higher than twenty-four (24) feet.

9.

Parking. Parking required for an ADU is in addition to that required for the primary unit.

a.

One (1) on-site parking stall is required for an ADU, except as follows:

i.

No parking is required when improved public street parking is available on at least one (1) side of the block face whereon the ADU is proposed, on-street parking is constructed, or the ADU is within one-half mile walking distance to a major transit route.

ii.

The Public Works Director may waive parking based on the applicant's demonstration of site-specific factors that justify a lower standard. Any request for a parking waiver shall be processed as a request for minor modification pursuant to subsection (B)(3) of this section.

b.

Parking stalls shall be at least nine (9) feet by eighteen (18) feet.

c.

Parking shall not be located on required drain field areas.

d.

If the lot abuts an alley or private easement, parking shall be accessed from said facility except when the Public Works Director determines that such access is impractical or environmentally constrained. Any request to forgo alley access shall be processed as a request for minor modification pursuant to subsection (B)(3) of this section.

e.

Parking accessed from a street or lane shall be limited to one (1) driveway per frontage with a maximum width of twenty-four (24) feet.

10.

Privacy. Where practical, locate and design the ADU to minimize disruption of privacy and outdoor activities on adjacent properties. Strategies to accomplish this include, but are not limited to:

a.

Stagger windows and doors to not align with such features on abutting properties.

b.

Avoid upper-level windows, entries, and decks that face common property lines to reduce overlook of a neighboring property.

c.

Install landscaping as necessary to provide for the privacy and screening of abutting property.

11.

Utilities.

a.

Water, Septic, Stormwater. A primary dwelling unit and an ADU may have a shared water service to a water system, a shared septic system, and a shared stormwater service to a stormwater management system, in which case the primary dwelling unit will be responsible for all billing and maintenance of the service. Separate and independent services from each building may be required to meet the city's adopted plumbing code. In all cases, the water service shutoff must be accessible to occupants of all units.

b.

Electrical. A primary dwelling unit and an ADU are permitted to have one (1) shared electrical service if a single building or separate electrical service if separate buildings. A separate meter is permitted to serve an ADU, subject to compliance with the city's adopted electrical code. A single main service panel may be allowed; provided that, occupants of all dwelling units have access to the overcurrent devices supplying their occupancy.

c.

Gas. A primary dwelling unit and ADU(s) may share natural gas services. An accessible shut-off valve must be upstream of the gas meter, on the exterior of the structure(s).

d.

Any utility lines being installed or altered must have their connections inspected as part of the building permit process.

12.

Compliance with Applicable Codes. ADUs shall comply with all standards for health and life safety as set forth in the International Building Code, International Residential Code, Uniform Plumbing Code, National Electrical Code, International Mechanical Code, International Fire Code, and Washington State Energy Code as each code is adopted by the city; and any other applicable codes or regulations, except as provided in this section.

13.

Accessibility. To encourage the development of housing units for people with disabilities, the Public Works Director may allow reasonable deviation from the stated requirements to install features that facilitate accessibility. Such facilities shall be in conformance with the city's adopted building codes.

C.

Existing Illegal Units.

1.

Applications may be made for any accessory dwelling unit existing prior to January 1, 1995, to become legally permitted, pursuant to the provisions of this section. Whether an ADU permit is approved or denied, the owner of any non-permitted unit shall be subject to the penalties provided in this Code.

2.

An application to legalize an existing ADU shall include an application for an ADU permit and a building permit application, showing changes made to the primary dwelling unit or detached accessory building to accommodate the ADU. Approval shall be consistent with the ADU regulations and process outlined in this section. ADU shall be reviewed using the current editions of building codes in place at the time its owner brings the unit forward for permit.

3.

Nothing in this section shall require that the city permit existing ADUs that are determined to be dangerous.

D.

Permitting Process. An ADU is required to obtain approval following the procedures established in GBMC Section 19.01.030.

(Ord. No. 780, § I, 12-3-2024)