A. Eliminating barriers to accessory dwelling units in residential zones;

B. Providing and encouraging development of affordable housing;

C. Increasing housing units available to low- and moderate-income households that might otherwise have difficulty finding homes within the City;

D. Providing homeowners with a means of obtaining rental income, companionship and/or security;

E. Increasing density in urban areas and reducing urban sprawl into rural areas and natural resource lands; and

F. Providing flexible housing options for households with individuals who are unable to live independently. [Ord. 763 §1, 2025.]

“Accessory dwelling unit (ADU)” means a self-contained living space within, attached to or on the same lot as a principal dwelling unit, including a single-family housing unit or duplex.

“Attached accessory dwelling unit (A-ADU)” means a self-contained living space that is located within or attached to the principal dwelling unit.

“Detached accessory dwelling unit (D-ADU)” means a freestanding, self-contained living space that is physically separated from and not attached to the principal dwelling unit, but that is located on the same lot as the principal dwelling unit.

“Dwelling unit” means a residential living unit that provides complete independent living facilities for one (1) or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.

“Principal dwelling unit” means a residential living unit, including a single-family housing unit or duplex, that is the primary dwelling unit on a lot that contains an accessory dwelling unit. [Ord. 763 §1, 2025.]

A. Locations Permitted. ADUs are permitted in all residential zones. This includes Residential and Residential-8600.

B. Where found to be consistent with all other applicable provisions of the Nooksack Municipal Code, a maximum of two (2) ADUs may be constructed on a single lot of record. The ADUs may be:

C. The parcel within which the ADU is proposed to be constructed shall only contain one (1) principal dwelling unit or one (1) duplex.

D. ADUs may be added to or reconstructed within the principal dwelling unit or may be added to or converted from an existing accessory structure, such as detached garages or workshops, pursuant to applicable building codes, parking requirements and construction standards required for the principal dwelling unit.

E. ADUs shall have separate utility hook-ups from the primary dwelling unit, including separate water service connection and water meters; provided, that an attached ADU reconstructed within an existing dwelling unit may be approved to be served by the water service for the principal dwelling unit, where the Public Works Director finds that provision of a separate water service would be infeasible; and, provided further, that one (1) side sewer service may serve multiple dwelling units where approved by the Public Works Director.

F. Each ADU with a living area equal to or less than six hundred (600) square feet shall pay fifty percent (50%) of the utility hook-up fees for a single-family residence as outlined in the City’s current fee schedule or as otherwise set forth in the Nooksack Municipal Code; and each ADU with a living area equal to or less than one thousand (1,000) square feet shall pay seventy-five percent (75%) of said utility hook-up fees for a single-family residence.

G. ADUs shall meet all land use requirements for a single-family residence in the respective zone, unless explicitly stated otherwise in this chapter.

H. ADUs shall pay fifty percent (50%) of the current required impact fees for a single-family residence.

I. Subdivision. Except where consistent with the requirements set forth in NMC Title 18, parcels containing an ADU shall not be subdivided nor shall an ADU be segregated in ownership from the principal dwelling unit unless through a condominium process. [Ord. 763 §1, 2025.]

A. Size and Scale. ADUs shall not exceed one thousand (1,000) square feet in living area.

B. Minimum Lot Size. A property proposed to include an ADU must meet the minimum lot size requirement of the principal dwelling unit within the respective zone.

C. Lot Coverage. A property proposed to include an ADU must conform to the maximum lot coverage standard of the respective zone.

D. Maximum Building Height. ADUs shall not exceed the maximum height standard of the respective zone.

E. Setbacks. The ADU shall meet the setback requirements for the principal dwelling unit within the respective zone; provided, that on lots abutting an unopened and unimproved alley, the rear yard setback shall be reduced to zero feet (0').

F. Restrictions. ADUs are not permitted on lots not served by City sewer.

G. Foundations. ADUs must be permanently affixed to a permanent foundation consistent with the requirements of the International Residential Code (IRC). [Ord. 763 §1, 2025.]

A. Each ADU shall provide a minimum of one (1) off-street parking space in addition to the required parking for the principal dwelling unit.

B. ADUs located one-half (1/2) mile or less walking distance from a major transit stop that provides transit service at least four (4) times per hour are not required to provide additional off-street parking. [Ord. 763 §1, 2025.]

A. Where consistent with all applicable building code requirements, an ADU proposed to be reconstructed within an existing structure that is nonconforming in relation to existing setback, height and/or lot coverage standards may not be denied based on the nonconformity of the structure.

B. Expansion of an existing nonconforming structure that includes expansion into a required setback area or addition of a second story within an existing setback area shall be considered an expansion of a preexisting nonconforming structure and shall only be permitted where consistent with Chapter 19.52 NMC. [Ord. 763 §1, 2025.]

A. Application. The property owner shall apply for a building permit for an ADU through the Building Department. This application shall be processed as a Class I application. Application shall be in accordance with the required documents as established in NMC Title 15.

B. Applicable Codes. ADU shall comply with all construction codes set forth in NMC Title 15, the latest State Building Code, and any other applicable codes.

C. Variance. Variance to this Chapter shall require variance approval as outlined in Chapter 19.56 NMC.

D. Violations. Any violation of any provision set forth in this Chapter shall be a violation under Chapter 19.64 NMC. [Ord. 763 §1, 2025.]

A. Eliminating barriers to accessory dwelling units in residential zones;

B. Providing and encouraging development of affordable housing;

C. Increasing housing units available to low- and moderate-income households that might otherwise have difficulty finding homes within the City;

D. Providing homeowners with a means of obtaining rental income, companionship and/or security;

E. Increasing density in urban areas and reducing urban sprawl into rural areas and natural resource lands; and

F. Providing flexible housing options for households with individuals who are unable to live independently. [Ord. 763 §1, 2025.]

“Accessory dwelling unit (ADU)” means a self-contained living space within, attached to or on the same lot as a principal dwelling unit, including a single-family housing unit or duplex.

“Attached accessory dwelling unit (A-ADU)” means a self-contained living space that is located within or attached to the principal dwelling unit.

“Detached accessory dwelling unit (D-ADU)” means a freestanding, self-contained living space that is physically separated from and not attached to the principal dwelling unit, but that is located on the same lot as the principal dwelling unit.

“Dwelling unit” means a residential living unit that provides complete independent living facilities for one (1) or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.

“Principal dwelling unit” means a residential living unit, including a single-family housing unit or duplex, that is the primary dwelling unit on a lot that contains an accessory dwelling unit. [Ord. 763 §1, 2025.]

A. Locations Permitted. ADUs are permitted in all residential zones. This includes Residential and Residential-8600.

B. Where found to be consistent with all other applicable provisions of the Nooksack Municipal Code, a maximum of two (2) ADUs may be constructed on a single lot of record. The ADUs may be:

C. The parcel within which the ADU is proposed to be constructed shall only contain one (1) principal dwelling unit or one (1) duplex.

D. ADUs may be added to or reconstructed within the principal dwelling unit or may be added to or converted from an existing accessory structure, such as detached garages or workshops, pursuant to applicable building codes, parking requirements and construction standards required for the principal dwelling unit.

E. ADUs shall have separate utility hook-ups from the primary dwelling unit, including separate water service connection and water meters; provided, that an attached ADU reconstructed within an existing dwelling unit may be approved to be served by the water service for the principal dwelling unit, where the Public Works Director finds that provision of a separate water service would be infeasible; and, provided further, that one (1) side sewer service may serve multiple dwelling units where approved by the Public Works Director.

F. Each ADU with a living area equal to or less than six hundred (600) square feet shall pay fifty percent (50%) of the utility hook-up fees for a single-family residence as outlined in the City’s current fee schedule or as otherwise set forth in the Nooksack Municipal Code; and each ADU with a living area equal to or less than one thousand (1,000) square feet shall pay seventy-five percent (75%) of said utility hook-up fees for a single-family residence.

G. ADUs shall meet all land use requirements for a single-family residence in the respective zone, unless explicitly stated otherwise in this chapter.

H. ADUs shall pay fifty percent (50%) of the current required impact fees for a single-family residence.

I. Subdivision. Except where consistent with the requirements set forth in NMC Title 18, parcels containing an ADU shall not be subdivided nor shall an ADU be segregated in ownership from the principal dwelling unit unless through a condominium process. [Ord. 763 §1, 2025.]

A. Size and Scale. ADUs shall not exceed one thousand (1,000) square feet in living area.

B. Minimum Lot Size. A property proposed to include an ADU must meet the minimum lot size requirement of the principal dwelling unit within the respective zone.

C. Lot Coverage. A property proposed to include an ADU must conform to the maximum lot coverage standard of the respective zone.

D. Maximum Building Height. ADUs shall not exceed the maximum height standard of the respective zone.

E. Setbacks. The ADU shall meet the setback requirements for the principal dwelling unit within the respective zone; provided, that on lots abutting an unopened and unimproved alley, the rear yard setback shall be reduced to zero feet (0').

F. Restrictions. ADUs are not permitted on lots not served by City sewer.

G. Foundations. ADUs must be permanently affixed to a permanent foundation consistent with the requirements of the International Residential Code (IRC). [Ord. 763 §1, 2025.]

A. Each ADU shall provide a minimum of one (1) off-street parking space in addition to the required parking for the principal dwelling unit.

B. ADUs located one-half (1/2) mile or less walking distance from a major transit stop that provides transit service at least four (4) times per hour are not required to provide additional off-street parking. [Ord. 763 §1, 2025.]

A. Where consistent with all applicable building code requirements, an ADU proposed to be reconstructed within an existing structure that is nonconforming in relation to existing setback, height and/or lot coverage standards may not be denied based on the nonconformity of the structure.

B. Expansion of an existing nonconforming structure that includes expansion into a required setback area or addition of a second story within an existing setback area shall be considered an expansion of a preexisting nonconforming structure and shall only be permitted where consistent with Chapter 19.52 NMC. [Ord. 763 §1, 2025.]

A. Application. The property owner shall apply for a building permit for an ADU through the Building Department. This application shall be processed as a Class I application. Application shall be in accordance with the required documents as established in NMC Title 15.

B. Applicable Codes. ADU shall comply with all construction codes set forth in NMC Title 15, the latest State Building Code, and any other applicable codes.

C. Variance. Variance to this Chapter shall require variance approval as outlined in Chapter 19.56 NMC.

D. Violations. Any violation of any provision set forth in this Chapter shall be a violation under Chapter 19.64 NMC. [Ord. 763 §1, 2025.]