Is a legally created lot;

Contains one existing single-family detached dwelling which is a conforming use;

Contains no other accessory dwelling unit(s).

The permit for an accessory dwelling unit is considered a Type A-1 permit per SMC Title 20 to be approved by the director of the department of community development or designee.

Prior to submitting an application, it is recommended that the applicant meet with the department of community development to determine compliance of the property with the municipal code.

The permit is recorded prior to occupancy as a deed restriction to run with the land or until removed with the written concurrence of the city as set forth in SMC § 18.66.065.

New construction for an accessory dwelling unit will comply with all the development standards for a single-family detached dwelling including, but not limited to, setbacks, height limits and lot coverage and may not increase any nonconforming aspect of any existing structure unless otherwise addressed by this chapter. For the purposes of this chapter, converting an existing accessory structure such as a garage into an ADU that does not meet current setback, height and lot coverage requirements is not considered increasing that structure's nonconformity with city setback requirements.

The following standards will also apply:

Accessory dwelling units are not included in density calculations and are considered a residential use which is consistent with the comprehensive plan and zoning designation for the lot.

Sale or ownership of such unit separate from the primary residential unit without a land division is prohibited.

The occupant of either the ADU or the primary unit must be the owner of the entire property.

The permit is subject to transportation impact fees specifically identified for ADUs.

Prohibited occupancy or sale, in addition to authorizing all other remedies available to the city, will constitute a zoning violation and a nuisance subject to abatement.

Any property owner seeking to establish an accessory dwelling unit must apply for an accessory dwelling unit permit with the community development department (DCD). The ADU application will be processed consistent with the appropriate permit type.

If approved, the city will file the ADU application form and conditions of approval as a deed restriction with the Clallam County auditor's office to indicate the presence of the accessory dwelling unit. The deed restriction will run with the land and bind all current and future property owners' assigns, beneficiaries and heirs, unless the ADU registration is otherwise canceled.

Cancellation of the accessory unit's registration may be accomplished by the owner submitting notice to DCD for recording at the Clallam County auditor's office or may occur as a result of enforcement action. The cancellation notice will confirm that the lot has reverted to use as a single dwelling unit and the cooking stove in the ADU has been removed.

The accessory dwelling unit will continue to be permitted upon transfer of property ownership and, subject to the limitations of this chapter, the approved ADU permit and deed restriction, unless the ADU registration is otherwise canceled in accordance with this chapter.