Toppenish City Zoning Code

This chapter establishes the standards for the location and development of accessory dwelling units (ADUs). The purpose of ADUs is to better utilize existing infrastructure and community resources such as sewer and water while providing a housing type that allows flexibility to respond to changing needs and lifestyles. ADUs provide an additional supply of affordable housing units which under the provisions of this chapter protect the character, stability, and compatibility of neighboring land uses.

(Ord. 2026-06 meeting § 1, 2026).

A.

"Accessory dwelling unit" means a residential living unit providing complete, independent living facilities and permanent provisions for sleeping, cooking, sanitation, and living on the same lot as a single-family house. ADU shall be synonymous with the term accessory dwelling unit.

B.

"Illegal accessory dwelling unit" is an ADU that was installed without the required permits and that does not qualify for legal nonconforming status pursuant to Chapter 17.72 TMC.

C.

"Primary dwelling unit" means the larger or main dwelling unit located on a lot that also contains an accessory dwelling unit.

(Ord. 2026-06 meeting § 1, 2026).

A.

ADUs are permitted in all zoning districts that permit single-family dwellings and where an existing legally conforming single-family dwelling exists.

B.

ADUs are only permitted on a lot in conjunction with a single-family residence.

C.

A parcel/lot shall contain no more than one single-family residence and two ADUs which may be detached from, or attached to, the primary dwelling or shop structure.

D.

An ADU is allowed in addition to a primary dwelling for any lot and shall not be considered an extension of, or an addition to a nonconforming condition under Section 17.72.020 TMC.

E.

ADUs shall not be allowed on lots that do not meet the minimum lot size requirements of their respective zoning code.

(Ord. 2026-06 meeting § 1, 2026).

A.

Existing ADUs which are permitted under Section 17.94.080 shall be allowed to continue with the water and sewer services as they exist at the time they are permitted subject to the following condition:

1.

For any lot that has a primary dwelling and an ADU, where both dwellings are served by the same utility service, at such time that service fails shall be required to have separate water and sewer services installed for each dwelling unit.

B.

A new ADU that is separate from the primary dwelling may have separate water and sewer services from the primary dwelling.

1.

The general facility charges outlined in Sections 13.04.090 and 13.46.020 TMC shall not apply to the ADU when separate services are required under Subsection B of this section.

C.

A new ADU that is attached to the primary dwelling shall share a single water and sewer connection.

(Ord. 2026-06 meeting § 1, 2026).

A.

An ADU shall not exceed 1,000 square feet in size.

B.

One off-street parking stall must be provided per ADU unless:

1.

The ADU is located within one-half mile walking distance of a major transit stop.

C.

The ADU may utilize the primary dwellings driveway, new driveways may only be permitted on frontages or alleyways adjacent to the lot where a driveway does not already exist. Driveways must be constructed in accordance with the Toppenish Construction and Design Standards.

D.

Where a lot abuts a public alleyway there shall be no setback to the alley.

E.

ADUs shall be considered towards the lot coverage total of the property, and shall adhere to the following:

1.

Construction of a new ADU structure that exceeds the lot coverage allowance of the underlying zone shall be denied.

2.

Existing structures on properties that exceed the lot coverage as of March 9, 2026, shall be permitted to be converted into a new ADU provided that the overall lot coverage for the property does not increase.

(Ord. 2026-06 meeting § 1, 2026).

A.

The accessory dwelling unit shall comply with all standards for health and life safety as outlined 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 chapter.

B.

The accessory dwelling unit shall comply with the Toppenish Municipal Code and all zoning code provisions for single-family residences, including height, setbacks, accessory buildings, and lot coverage, except as provided in this chapter.

(Ord. 2026-06 meeting § 1, 2026).

A.

The property owner shall apply for an accessory dwelling unit permit on a form provided by the city.

B.

Fees required under this chapter shall be established by a resolution of the city council.

(Ord. 2026-06 meeting § 1, 2026).

After receipt of a complete application and before permit issuance, the city shall inspect the property to confirm that the proposed accessory dwelling unit meets all requirements of this chapter and other applicable codes or regulations.

(Ord. 2026-06 meeting § 1, 2026).

Before issuance of the permit by the administrator or planning commission, the applicant shall record an affidavit with the Yakima County Auditors' Office and provide a copy of the recorded affidavit. Said affidavit shall identify the address, parcel number, and legal description of the property and state the following: the owner will notify any prospective purchaser of the property of the limitations and requirements of this chapter, and that the permit will be revoked if the accessory dwelling unit at any time fails to meet the requirements of this chapter. The affidavit shall also contain the restriction for lot subdivision pursuant to Section 17.94.045 TMC. The document shall run with the land and bind all current and future property owners, and the owner's assigns, beneficiaries, and heirs.

(Ord. 2026-06 meeting § 1, 2026).

A permit for an accessory dwelling unit will be issued upon compliance with the provisions of this chapter. Once the accessory dwelling unit permit is issued, the applicant will need to apply for a city building permit, when applicable.

(Ord. 2026-06 meeting § 1, 2026).

The administrator will review the submitted building plans to ensure adherence to the criteria of this chapter.

(Ord. 2026-06 meeting § 1, 2026).

Any dwelling unit that existed on March 9, 2026, may be legally established and may continue to be used as an accessory dwelling unit if the following conditions are met:

A.

The property owner applies for an accessory dwelling unit permit. The administrator may waive the size limitations to bring the pre-existing unit into compliance, as well as other zoning requirements if they are impractical to achieve.

B.

Before issuance of a permit, the property owner allows inspection of the accessory dwelling unit by the city to ensure the minimum requirements of this chapter relating to fire, life safety, and public health are met, as determined by the administrator. All improvements necessary to bring the pre-existing accessory dwelling unit into compliance with applicable fire, life safety, and public health requirements shall be identified and made within 30 days of permit issuance.

C.

Before the issuance of a permit, the property owner shall complete and record an affidavit consistent with Section 17.94.065 TMC.

(Ord. 2026-06 meeting § 1, 2026).

A.

Any existing illegal ADU existing on March 9, 2026, will not be subject to any enforcement action if an application to legalize the accessory dwelling unit is submitted within six months of the adoption of these regulations.

B.

Any illegal ADU identified six months after the date this code takes effect, shall have an application to legalize the accessory dwelling unit submitted within 30 days of the owner receiving notices from the city. Failure to submit an application shall constitute a violation of the Municipal Code and the owner shall be subject to fines and/or penalties.

(Ord. 2026-06 meeting § 1, 2026).

A.

The city retains the right (with reasonable notice) to inspect the accessory dwelling unit for compliance with this chapter.

B.

The city retains the right with reasonable notice to withdraw occupancy approval if the ADU is found to violate this chapter. In the event the city withdraws occupancy, the property owner may:

1.

Convert the use of the structure to any other legal use allowed under this chapter.

2.

Remove the structure from the lot.

(Ord. 2026-06 meeting § 1, 2026).