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Woodway City Zoning Code

CHAPTER 14

41 ACCESSORY DWELLING UNITS

§ 14.41.010 Purpose.

The purpose of this chapter is to regulate the establishment of accessory dwelling units within or in conjunction with single-family dwellings while preserving the character of the Town's single-family neighborhoods and to:
A. 
Provide a housing type that blends in well with existing low density residential neighborhoods; and/or
B. 
Cater to changing demographics, including more seniors and smaller household sizes; and/or
C. 
Provide housing that is typically more affordable than traditional detached single-family homes; and/or
D. 
Make it possible for adult children to provide care and support to a parent or other relatives in need of assistance; and/or
E. 
Provide increased security and companionship for homeowners; and/or
F. 
Provide for the care of disabled persons within their own homes; and/or
G. 
Provide for a more diverse and affordable housing stock.
H. 
Maintain the Town's tree preservation policies and regulations.
(Ord. 2025-670, 6/24/2025)

§ 14.41.020 Definitions.

The following definitions shall apply for the purposes of this chapter, notwithstanding other definitions in the Town's development regulations:
A. 
"Accessory dwelling unit" (ADU)
means a dwelling unit located on the same lot as a single-family housing unit.
B. 
"Attached accessory dwelling unit"
means an accessory dwelling unit located within or attached to a single-family housing unit.
C. 
"Detached accessory dwelling unit"
means an accessory dwelling unit that consists partly or entirely of a building that is separate and detached from a single-family housing unit and is on the same property.
D. 
"Dwelling unit"
means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
E. 
"Gross floor area"
means the interior habitable area of a dwelling unit including basements and attics but not including a garage or accessory structure.
F. 
"Major transit stop"
means: (1) a stop on a high capacity transportation system funded or expanded under the provisions of Chapter 81.104 RCW; (2) stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or (3) stops for a bus or other transit mode providing actual fixed route service at intervals of at least 15 minutes for at least five hours during the peak hours of operation on weekdays.
G. 
"Owner"
means any person who has at least 50 percent ownership in a property on which an accessory dwelling unit is located.
H. 
"Principal unit"
means the single-family housing unit located on the same lot as an accessory dwelling unit.
I. 
"Short-term rental"
means a lodging use, that is not a hotel, motel, or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided for rent for fewer than 30 consecutive nights.
J. 
"Unit density"
means the number of dwelling units allowed on a lot, regardless of lot size.
(Ord. 2025-670, 6/24/2025)

§ 14.41.030 Unit density.

A maximum of two accessory dwelling units shall be permitted as subordinate to a new or existing residential use if the accessory dwelling unit and lot meet the requirements of this chapter. This provision is subject to the unit density restrictions in Section 14.80.050, and no lot shall have more accessory dwelling units above the allowable unit density for that lot.
(Ord. 2025-670, 6/24/2025)

§ 14.41.040 Lot standards.

A. 
For lots within the R-87, R-43, R-14.5, and UR zone districts, no accessory dwelling units are allowed within designated critical areas and/or related buffers.
B. 
Accessory dwelling units must conform with the setbacks of the underlying zone district.
C. 
All other applicable zoning requirements of the underlying zone district must be met.
D. 
Attached accessory dwelling units are not allowed if the primary residence is served with an on-site sewer system.
E. 
Detached ADUs are allowed on a portion of a lot that is served with public sewer.
(Ord. 2025-670, 6/24/2025)

§ 14.41.050 Subdivision.

The accessory dwelling unit, or the land on which the accessory dwelling unit is located, shall not be subdivided from the land on which the principal dwelling unit is located unless, following the subdivision, both the principal unit lot and the ADU lot are each of sufficient size to meet the bulk regulations for the underlying zone district.
(Ord. 2025-670, 6/24/2025)

§ 14.41.060 Size.

A. 
An accessory dwelling unit shall not be less than 800 square feet nor more than 1,000 square feet of gross floor area in size and shall not have more than two bedrooms.
B. 
The maximum building height of an attached ADU shall conform to the height limits in the bulk regulations of the underlying zone district in which the unit is located. The maximum building height of a detached accessory dwelling unit is 24 feet.
(Ord. 2025-670, 6/24/2025)

§ 14.41.070 Architectural design.

The design of the accessory dwelling unit should be consistent with the middle housing design guidelines set forth in Section 14.80.090.
(Ord. 2025-670, 6/24/2025)

§ 14.41.080 Compliance with applicable codes.

A. 
The accessory dwelling unit shall comply with all standards for health and life safety as set forth in the codes adopted in Title 12, Buildings and Construction, and any other applicable codes or regulations, except as provided in this chapter.
B. 
The accessory dwelling unit shall comply with all zoning code provisions for single-family residences, including setbacks and lot coverage, except as provided in this chapter.
C. 
Setback Exception. For lots that have a rear lot line that abuts an alley, a detached accessory dwelling unit may be sited up to the lot line that abuts the alley. The accessory dwelling unit shall comply with the required side yard setbacks of the underlying zone district.
D. 
Parking. One off-street stall parking is required for each accessory dwelling unit unless within one-half-mile walking distance of a major transit stop as defined in Section 14.41.020(F).
(Ord. 2025-670, 6/24/2025)

§ 14.41.090 Tenure and sale.

A. 
The owner of a lot is not required to reside in or occupy the ADU or another housing unit on the same lot.
B. 
Sale of an accessory dwelling unit as a condominium is allowed consistent with the provisions of the Washington Condominium Act.
C. 
Accessory dwelling units shall not be used for short-term rentals.
(Ord. 2025-670, 6/24/2025)

§ 14.41.100 Sewer and water connections.

A. 
Public sewer and water connections to attached and detached ADUs are required and shall comply with the provisions set forth in the Accessory Dwelling Unit Policy and Technical Requirements of the Olympic View Sewer and Water District.
B. 
Private on-site sewerage (septic) systems are not allowed for attached or detached accessory dwelling units.
(Ord. 2025-670, 6/24/2025)

§ 14.41.110 Application, permit issuance, and building plan review.

A. 
The owner shall apply for a building permit consistent with the provisions of Title 12, Buildings and Construction.
B. 
The Town's Building Official will review submitted building plans to ensure adherence to the criteria of this chapter.
(Ord. 2025-670, 6/24/2025)

§ 14.41.120 Enforcement.

The Town retains the right (with reasonable notice) to inspect the accessory dwelling unit for compliance with this chapter.
(Ord. 2025-670, 6/24/2025)

§ 14.41.130 Variances.

Variances to the chapter shall require variance approval as outlined in Chapter 14.50.
(Ord. 2025-670, 6/24/2025)