Accessry Dwelling Unit (ADU) Permanent Regulatins (Revisins t TMC 13.05 and 13.06) Planning Cmmissin Findings f Fact and Recmmendatins Reprt Octber 17, 2018 A. Subject: The prpsal is t mdify zning regulatins pertaining t accessry dwelling units (see Exhibit 1). B. Summary f the Prpsed Regulatins: The Prpsed Accessry Dwelling Unit (ADU) Regulatins, after Cuncil and Planning Cmmissin cnsideratin, wuld amend the Tacma Municipal Cde, Chapters 13.05 and 13.06, as fllws: 13.06.100.C Land Use Requirements Mdifies use table t shw that Dwelling, accessry are permitted in R-1, R-2, R-2 SRD, and HMR- SRD and remves mentin f Pilt Prgram in relatin t single family zning districts. 13.06.100.F Accessry Building Standards Size f All Accessry Structures Existing Cde: Ftprints f accessry buildings cannt exceed 85% f the ftprint f the main building and cannt exceed 15% f the square ftage f the lt. Allws fr all accessry building ftprints that include a DADU t ttal 1,500 square feet. Fr ½ acre r greater lts, allws accessry buildings t be 10% f lt square ftage. Prpsed Cde: Lwers large lt size frm ½ acre t 10,000 square feet. An additinal 500 square feet f ttal ftprint square ftage is permitted if a DADU is ne f the accessry buildings. Size f Accessry Dwelling Units Relcates t Develpment Standards subsectin in 13.06.150. Accessry Building Lcatin Streamlines language regarding allwance f accessry building in frnt yard (lcatin f ADU addressed in 13.06.150). 13.06.150 Accessry Dwelling Units Intent Refines language t address verarching gals f husing chice and sustainability and aligns with mdified design standard apprach. Prcedures Accessry Dwelling Unit Agreement Existing Cde: Requires wner f prperty cntaining ADU t recrd its existence with the Cunty, stating legal descriptin, affirmatin f residence in main building r ADU, and cmpliance with requirements and cnditins. Prpsed Cde: Adds the wrd ntificatin t match existing prcess and dcumentatin. Accessry Dwelling Units (ADU) Regulatins Page 1 f 8 Planning Cmmissin Findings f Fact and Recmmendatins (10-17-18)
Restricted Districts Existing Cde: Detached ADUs nly permitted in single-family residential districts thrugh Residential Infill Pilt Prgram. Prpsed Cde: Remves R-1, R-2, R2-SRD, and HMR-SRD and Residential Infill Pilt Prgram prvisin. Density Calculatins Prpsed Cde: ADUs are exempted frm density calculatins. Requirements Occupancy Existing Cde: Maximum number f ccupants 4 peple. Prpsed Cde: Limited by Minimum Building and Structures Cde Title 2. Ownership Existing Cde: Prperty wner must live in main building r ADU and ADU must share a parcel with the main building. Prpsed Cde: Remves redundancy with ADU Agreement sectin and strikes regulatin f rent n ccupied unit. Updates enfrcement penalty language. Legalizatin f Nncnfrming ADUs Existing Cde: Allws fr amnesty perid t bring nncnfrming ADUs int cmpliance. Prpsed Cde: Updates time perid fr new amnesty perid. Defines sectins f Cde that must be cmplied with t becme legal. Updates enfrcement penalty language. Develpment Standards Subsectin created Lt Size Existing Cde: Lt must meet Standard Lt Size and Standard Minimum Lt Width. Prpsed Cde: A DADU n a lt smaller than the Standard Minimum Lt Size r nt meeting the Standard Minimum Lt Width may be authrized thrugh a Cnditinal Use Permit (CUP). (Building) Size Existing Cde: Size nt t exceed 40 percent f the ttal square ftage f main building and ADU cmbined. Prpsed Cde: Mved and used framewrk f size definitin frm 13.06.100.F. Standardized use f percentages and changed all measurements relative t lt size and building ftprint. Building ftprint f the ADU cannt exceed 85% f the main building ftprint. A detached ADU can be 15% f the lt area plus 500 square feet, minus any ftprint square ftage f ther accessry buildings. Standard Lt ADU nt t exceed 1,200 square feet Smaller Lt ADU nt t exceed 800 square feet Larger Lt ADU nt t exceed 1,500 square feet Accessry Dwelling Units (ADU) Regulatins Page 2 f 8 Planning Cmmissin Findings f Fact and Recmmendatins (10-17-18)
Height Existing Cde: DADUs cannt be taller than the main huse and maximum height is 18 feet using Building Cde Methdlgy. Cnversins may be taller than 18 feet with CUP. Explains series f cnditins and requirements t be met if ADU bstructs daylight at 45 degree daylight plane. Prpsed Cde: Remves daylight bstructin regulatins. DADUs in View Sensitive Districts limited t 15 feet, using Zning Cde methdlgy. Allws an additinal 2 feet f height if DADU is lcated ver a parking garage, fr ttal f 20 feet, using Building Cde methdlgy. Setbacks Prpsed Cde: Clarifies that Attached ADUs are cnsidered part f the primary structure and subject t the same setbacks. Allws cnversins f existing buildings which d nt meet setbacks, prvided that the structure meets Building Cde requirements. Open Space Subsectin created Prpsed Cde: Each prpsal must maintain r prvide utdr r yard space cnsistent with 13.06.100.D.7 Minimum Usable Yard Space. Walkways Existing Cde: Must be 4 feet and cmpsed f distinct materials. Prpsed Cde: Remves width requirement fr walkway t allw fr flexibility. Design Standards Attached ADUs Existing Cde: Requires design f ADU t match main hme and prvides directin n entrance rientatin and lcatin. Prpsed Cde: Reduces specificity f design standards t indicate that ADUs must meet perfrmance and quality standards, and adds reference t histric district review fr ADUs lcated in histric special review districts. Detached ADUs Existing Cde: Requires cmplementary architectural design based n clrs, materials, windws, and rf design. Prvides directin n entrance rientatin and lcatin. Prpsed Cde: Strikes previus design guidance. Prvides perfrmance and quality standards. Adds reference t histric district review fr ADUs lcated in histric special review districts. 13.05.115 Residential Infill Pilt Prgram Strikes any reference t DADUs Refines submittal language The prpsed amendments t the varius sectins f the Tacma Municipal Cde are shwn in Exhibit 1. Accessry Dwelling Units (ADU) Regulatins Page 3 f 8 Planning Cmmissin Findings f Fact and Recmmendatins (10-17-18)
C. Findings f Fact: Part One Legislative Intent: 1. Cmprehensive Plan and Land Use Regulatry Cde The One Tacma Cmprehensive Plan, updated in 2015 by Ordinance N. 28335, is Tacma's cmprehensive plan as required by the State Grwth Management Act (GMA) and cnsists f several plan and prgram elements. As the City's fficial statement cncerning future grwth and develpment, the Cmprehensive Plan sets frth gals, plicies and strategies fr the health, welfare and quality f life f Tacma s residents. The Land Use Regulatry Cde, Title 13 f the Tacma Municipal Cde (TMC), is the key regulatry mechanism that supprts the Cmprehensive Plan. The fllwing plicies in the Husing Element clearly state the City s psitin regarding accessry dwelling units, a type f infill husing: Plicy H 1.3 Encurage new and innvative husing types that meet the evlving needs f Tacma husehlds and expand husing chices in all neighbrhds. These husing types include single family dwelling units; multi dwelling units; small units; accessry dwelling units; pre fabricated hmes such as manufactured, mdular; c-husing and clustered husing. Plicy H 1.4 Prmte the maintenance and imprvement f the existing husing stck and encurage the adaptatin f the existing husing stck t accmmdate the changing variety f husehld types. Plicy H 2.7 Encurage a range f husing ptins and supprtive envirnments t enable lder adults t remain in their cmmunities as their needs change. 2. Planning Mandates and Guidelines GMA requires that any amendments t the Cmprehensive Plan and/r develpment regulatins cnfrm t the requirements f the Act, and that all prpsed amendments, with certain limited exceptins, shall be cnsidered cncurrently s that the cumulative effect f the varius changes can be ascertained. Prpsed amendments t the Cmprehensive Plan and/r develpment regulatins must als be cnsistent with the fllwing State, reginal and lcal planning mandates and guidelines: The State Grwth Management Act (GMA); The State Envirnment Plicy Act (SEPA); The State Shreline Management Act (SMA); The Puget Sund Reginal Cuncil s VISION 2040 Multicunty Planning Plicies; The Puget Sund Reginal Cuncil s Transprtatin 2040, the actin plan fr transprtatin in the Central Puget Sund Regin (adpted n May 20, 2010); The Puget Sund Reginal Cuncil s Subarea Planning requirements; The Cuntywide Planning Plicies fr Pierce Cunty; TMC 13.02 cncerning the prcedures and criteria fr amending the Cmprehensive Plan and develpment regulatins. Accessry Dwelling Units (ADU) Regulatins Page 4 f 8 Planning Cmmissin Findings f Fact and Recmmendatins (10-17-18)
Part Tw Public Ntificatin and Invlvement 1. Public Hearing A public hearing was held Octber 3 rd at 5:30 p.m. in Cuncil Chambers. Public cmments were accepted thrugh Octber 5 th at 5 p.m. 2. Public Ntice The public hearing ntice was distributed t ver 1,000 individuals and entities n the Planning Cmmissin s mailing list that include the City Cuncil, Neighbrhd Cuncils, business district assciatins, civic rganizatins, envirnmental grups, the develpment cmmunity, the Puyallup Tribal Natin, adjacent jurisdictins, majr emplyers and institutins, City and State departments, and ther interested parties. 3. Library A request was made t the Tacma Public Library n September 18, 2018 t make the public hearing ntice available fr patrns review at all branches. 4. News Media The City f Tacma issued a News Release n September 24, 2018. An nline advertisement was placed in The News Tribune, scheduled t run during the week f September 24, 2018. A legal ntice was published in the Tacma Daily Index n September 17, 2018. 5. Scial Media - Facebk Event Pages were created and disseminated fr the public hearing. 6. 60-Day Ntices A Ntice f Intent t Adpt Amendment 60 Days Prir t Adptin was sent t the State Department f Cmmerce (per RCW 36.70A.106) n September 13, 2018. A similar ntice was sent t Jint Base Lewis-McChrd (per RCW 36.70A.530(4)) n September 26, 2018, asking fr cmments within 60 days f receipt f the ntice. 7. Tribal Cnsultatin A letter was sent t the Chairman f the Puyallup Tribe f Indians n September 20, 2018 t frmally invite the Tribe s cnsultatin n the prpsed ADU Regulatins. 8. Website Prject updates and public review dcuments were psted t the City f Tacma s website at www.cityftacma.rg/dadu. 9. Neighbrhd Cuncil Meetings Staff has held and will cntinue t hld presentatins at neighbrhd cuncils t infrm them f milestnes in the legislative prcess and prmte ways t get invlved. Part Three Public Cmment, Additinal Facts, Observatins, and Cncerns: Planning Cmmissin acknwledges receiving public testimny and written cmment, as well as staff respnse t said testimny and cmments. 17 peple prvided ral testimny at the public hearing and staff received 37 written cmments. Cmments received were n a variety f tpics and expressed a range f perspectives n ADUs. The Planning Cmmissin cnsidered these cmments and frmulated revisins t the prpsal t address them. The cmments and staff analysis are cntained in the Octber 17, 2018 Planning Cmmissin packet available n the prject webpage. A summary f cmmn themes and issues cnsidered are listed belw. Attached ADU design standards addressing Cnfrming Style Cnversins Density in the Nrth Slpe Detached ADU Design Standards Insufficient fr DADUs Architectural cnsistency Flr Area Rati (FAR) Accessry Dwelling Units (ADU) Regulatins Page 5 f 8 Planning Cmmissin Findings f Fact and Recmmendatins (10-17-18)
Feasibility Sustainable Limits Infrastructure Limit ADUs per Blck Incentives T Increase uptake in specific areas Affrdability Scalable Fees Height Limits 15 ft height limit fr DADUs in View Sensitive District 18 ft height limit fr DADUs Histric District DADUs Nt allwed CUP Requirement Mbile Tiny Hmes Owner Living On Site Requirement Leasing f bth units in event f relcatin Displacement f Tenant Parking Requirements Public Engagement and Awareness Public Infrmatin Campaign Pace f Implementatin Ntificatin Relatinship t Affrdable Husing Sites n septic system limited t ne dwelling Site Design and Lcatin Casting f Shadws n Neighbrs Fire Exiting Size f DADUs relative t Huse and Lt Oversized Require Larger Lt Size Cntrl Size and Height n sub-6000 square ft lts Prprtinal Size Reductin DADUs nt t exceed 800 SF Sustainability Variances In additin t the City Cuncil's legislative intent, the Planning Cmmissin has als identified the fllwing factual infrmatin, bservatins, and cncerns assciated with the prpsed regulatins: Staff cntinues t wrk with the Building Divisin, Site Develpment, and Fire t ensure that the cde apprpriately addresses life and fire safety cncerns. Accessry dwelling units can be a very useful tl in addressing issues f neighbrhd stability, changing family living situatins, aging in place, amng ther issues. Staff will be investigating incentives, ranging frm permit fee reductins and technical assistance, as part f the Affrdable Husing Actin Strategy implementatin. Accessry Dwelling Units (ADU) Regulatins Page 6 f 8 Planning Cmmissin Findings f Fact and Recmmendatins (10-17-18)
Part Fur SEPA Review As part f an envirnmental review, the City f Tacma cmpleted a SEPA checklist and filed a Preliminary Determinatin f Envirnmental Nnsignificance n September 12, 2018. The SEPA Envirnmental Checklist fund n significant impacts t the envirnment and fund that infrastructure systems culd supprt the additin f a prjected small number f accessry dwelling units. The cmment deadline was Octber 5 th, 2018. The Determinatin became final n Octber 12, 2018. The envirnmental review packet is n file with the Planning and Develpment Services Department (PDS) and is available nline at http://www.cityftacma.rg/dadu. Part Five Planning Cmmissin s Review Prcess: 1. The Planning Cmmissin began the prcess f develping amended regulatins n July 18, 2018 by discussing prject scpe. On August 1, Planning Cmmissin discussed issues and areas f cncern fr staff t develp draft cde. 2. On September 5, 2018, the Cmmissin authrized the distributin f the prpsed permanent regulatins fr public review and set Octber 3, 2018 as the date fr a public hearing. A Public Review Packet was cmpiled by staff fr the public hearing. The packet is n file with the Planning and Develpment Services Department (PDS) and is available nline at http://www.cityftacma.rg/dadu. 3. At the public hearing n Octber 3, 2018, the Cmmissin received ral testimny frm 17 citizens, and thrugh clsure f the public hearing recrd n Octber 5, 2018, the Cmmissin received written cmments submitted by 37 individuals r rganizatins. A cmpilatin f the public cmments is available n the prject website. 4. At the next meeting n Octber 17, 2018, the Cmmissin reviewed public cmments received, reviewed staff s bservatins and respnses t public cmments, reviewed additinal infrmatin, and frmulated its recmmendatins t the City Cuncil. 5. The Cmmissin hereby frwards its recmmendatins t the City Cuncil with the intent t assist the Cuncil in taking actin. The Cuncil s review timeline culd be as fllws: Cuncil IPS Cmmittee December 12, 2018 and January 23, 2019 February 19 Study Sessin February 19 Public hearing March 5 City Cuncil 1st Reading f Ordinance March 19 City Cuncil Final Reading f Ordinance 6. A recrd f updates and actins cncerning ADUs can be fund at http://www.cityftacma.rg/dadu and at http://www.cityftacma.rg/gvernment/cmmittees_bards_cmmissins/planning_cmmissi n/agendas_and_minutes/. Supplemental infrmatin abut DADUs that were a part f the Residential Infill Pilt Prgram can be fund at http://www.cityftacma.rg/infill. D. Cnclusins and Recmmendatins: The Planning Cmmissin acknwledges and understands the City Cuncil's intent and bjectives in requesting a review f detached accessry dwelling unit regulatins as a part f Reslutin N. 39886, which passed in December f 2017. The Planning Cmmissin has frmulated its recmmendatins n accessry dwelling units fr the City Cuncil s cnsideratin fr adptin. The prpsed regulatins seek t achieve the fllwing general bjectives: Accessry Dwelling Units (ADU) Regulatins Page 7 f 8 Planning Cmmissin Findings f Fact and Recmmendatins (10-17-18)
Prvide hmewners with a means f prviding fr cmpaninship with autnmy, as well as physical and financial security. Add small ftprint, lwer cst units t the existing husing supply. Make husing units within the City available t lw and mderate incme peple. Prvide an increased chice f husing that respnds t changing needs, lifestyles (e.g., yung families, retired), envirnmental sustainability, and mdern technlgical advances in the building sciences. Cntribute t neighbrhd stability and prtect prperty values by creating avenues fr additinal incme, aging-in-place, and the meeting f persnal and prperty needs. Maintain residential appearance by ensuring that ADUs are f sund quality and generally cnsistent with neighbrhd patterns. Increase density in rder t better utilize existing infrastructure and cmmunity resurces and t supprt public transit and neighbrhd retail and cmmercial services. The Planning Cmmissin recmmends that the City Cuncil adpt the prpsed amendments t the Tacma Municipal Cde, as set frth in Exhibit 1. In additin t the cde amendments, Planning Cmmissin intends t wrk with staff t develp an ADU handbk that will explain details f the cde, such as calculating the ADU size, in cmmn terms, as well as shwcasing best practices. E. Exhibit: 1. Prpsed Amendments t the Tacma Municipal Cde Accessry Dwelling Units (ADU) Regulatins Page 8 f 8 Planning Cmmissin Findings f Fact and Recmmendatins (10-17-18)
Exhibit 1 Summary f Changes Accessry Dwelling Unit Regulatins PROPOSED LAND USE REGULATORY CODE CHANGES OCTOBER 17, 2018 Allws Detached Accessry Dwelling Units (DADUs) in single-family and mixed-residential zning districts (R-1, R-2, R-2SRD and HMR-SRD Districts), where they were previusly nly allwed thrugh the Residential Infill Pilt Prgram Streamlines measurement f ADU size Prvides a Cnditinal Use Permit prcess fr lts that d nt meet minimum Standard Lt Size and Lt Width t still request an ADU Clarificatins n height limitatin in VSD and design review in histric districts Adds a requirement t ensure ADU prjects d nt eliminate required pen space Mdifies the walkway requirement t prvide additinal flexibility Eliminates the majrity f the existing design standards fr DADUs while maintaining a prvisin fr administrative design review based n perfrmance and quality Update t intent language that better addresses husing chice and sustainability Updates timeline and requirements fr legalizing pre-existing, unpermitted ADUs (amnesty prgram) Allws larger accessry buildings n lts greater than 10,000 square feet (this allwance previusly applied nly t lts greater than ½-acre) These prpsed amendments include mdificatins t the fllwing sectins f Title 13, Land Use Regulatry Cde: Chapter 13.06 Zning 13.06.100.C Land use requirements (fr Residential Districts) 13.06.100.F Accessry building standards 13.06.150 Accessry dwelling units Chapter 13.05 Land Use Permit Prcedures 13.05.115 Residential Infill Pilt Prgram Nte: These amendments shw all f the changes t existing Land Use regulatins. The sectins included are nly thse prtins f the cde that are assciated with these amendments. New text is underlined and text that has been deleted is shwn as strikethrugh. Accessry Dwelling Unit Regulatins Page 1 f 11 Planning Cmmissin Recmmendatin - Cde Changes (10-17-18)
Chapter 13.06 Zning 13.06.100.C Land use requirements. * * * 4. Use table abbreviatins. P = Permitted use in this district. TU = Temprary Uses allwed in this district subject t specified prvisins and cnsistent with the criteria and prcedures f Sectin 13.06.635. CU = Cnditinal use in this district. Requires cnditinal use permit, cnsistent with the criteria and prcedures f Sectin 13.06.640. N = Prhibited use in this district. 5. District use table. Uses R-1 R-2 R-2SRD HMR-SRD R-3 R-4-L R-4 R-5 Additinal Regulatins 1 * * * Dwelling, accessry (ADU) P 2 P 2 P 2 P 2 P P P P Subject t additinal requirements cntained in Sectin 13.06.150. In all residential districts ADUs require the issuance f an ADU permit. In the R-1, R-2, R-2SRD and HMR-SRD districts, detached ADUs are subject t the prvisins f the Residential Infill Pilt Prgram (Sectin 13.05.115). * * * Ftntes: 1 Fr histric structures and sites, certain uses that are therwise prhibited may be allwed, subject t the apprval f a cnditinal use permit. See Sectin 13.06.640 fr additinal details, limitatins and requirements. 2 Certain land uses, including tw-family, twnhuse, and cttage husing, and Detached Accessry Dwelling Units in certain districts, are subject t the prvisins f the Residential Infill Pilt Prgram. See Sectin 13.05.115. * * * Accessry Dwelling Unit Regulatins Page 2 f 11 Planning Cmmissin Recmmendatin - Cde Changes (10-17-18)
13.06.100.F. Accessry building standards. Accessry buildings permitted per Sectin 13.06.100.C.4, such as garages, sheds, detached accessry dwelling units (DADUs), cmmn utility and laundry facilities, and business ffices and recreatinal facilities fr mbile hme/trailer curts and multi-family uses, are subject t the fllwing lcatin and develpment standards: 1. The ttal square ftage f all accessry building ftprints shall be n mre than 85% percent f the square ftage f the main building ftprint and n mre than 15 percent% f the square ftage f the lt, nt t exceed 1,000 square feet. Fr lts greater than 10,000 square feet, the ttal square ftage f all accessry building ftprints shall be n mre than 10 percent f the square ftage f the lt (the ther limitatins applicable t smaller prperties utlined abve shall nt apply). If ne f the accessry buildings is a Detached ADU, an additinal 500 square feet may be added t the allwed ttal square ftage f all accessry building ftprints.in additin, 2. Size f Accessry Dwelling Units. See Sectin 13.06.150 fr ADU standards. the ttal building ftprint square ftage f structures accessry t a single-family dwelling shall nt exceed 1,000 square feet, except where prperties cntain a detached accessry dwelling unit, in which case, the ttal square ftage f accessry building ftprints (including the detached ADU) shall be n mre than 1,500 square feet. See Sectin 13.06.150 fr ADU standards. Fr lts greater than 1/2 acre (21,780 square feet), the ttal square ftage f all accessry buildings shall be n mre than 10 percent Accessry Dwelling Unit Regulatins Page 3 f 11 Planning Cmmissin Recmmendatin - Cde Changes (10-17-18)
f the square ftage f the lt (the 85 percent main building and 1,000/1,500 square ft limitatins fr smaller prperties shall nt apply). 23. A stable shall be lcated at least 25 feet frm any street right-f-way line and at least seven and nehalf feet frm any side lt line. The capacity f a private stable shall nt exceed ne hrse fr each 20,000 square feet f lt area. 34. Except fr an apprved Accessry Dwelling Unit (ADU see Sectin 13.06.150), an accessry building shall cntain n habitable space. Plumbing shall nt be permitted in an accessry building withut a finding by the Building Official that such plumbing is nt t be utilized in cnjunctin with habitable space within the accessry building r will nt permit the accessry building t be utilized as habitable space. 45. Detached accessry buildings shall be lcated n the same lt r parcel n which the main building is situated. A detached accessry building may remain n a lt r parcel where n main building exists: (1) in the event the main structure n a lt is damaged r fr ther reasn, is required t be remved; r (2) if the prperty is subdivided in such a manner that the detached accessry building wuld be lcated n a separate building site. In either case, a building permit fr cnstructin f a main structure shall be required t be btained within ne year f remval r divisin f prperty and substantial cnstructin cmpleted in accrdance with the plans fr which the permit was authrized. 56. Detached accessry buildings shall be lcated behind the frnt wall line f the main building n a lt, and shall nt be lcated in the required side yard setback area f the main building. a. Fr thrugh lts, if there is an established pattern f functinal frnt and rear yards, detached accessry buildings shall be allwed in the functinal rear yard. A functinal rear/frnt yard shall be defined by the established pattern f the blck, based n the rientatin f existing dwellings and lcatin f existing detached buildings. If there is n defined pattern, a lcatinal variance shall be required t allw the accessry structure in the frnt yard. The required frnt setback fr such an accessry building shall be the same as fr a primary building as set frth in TMC 13.06.100.D.6.either the standard frnt yard setback fr the zning classificatin r the average f the accessry and/r main building setbacks prvided n the adjacent lts, whichever is smaller. Hwever, if such accessry building includes vehicular drs facing and accessing the adjacent street, the building r prtin f the building with such drs shall be setback at least 20 feet. 67. Fr garages that include vehicular drs facing the frnt prperty line, the building r prtin f the building with such drs shall be setback at least 20 feet frm the frnt prperty line r private rad easement. 78. Detached accessry buildings lcated n crner lts shall prvide the main building side yard setback alng the crner side prperty line. 89. Cmmercial shipping and/r strage cntainers shall nt be a permitted type f accessry building in any residential zning district. Such strage cntainers may nly be allwed as a temprary use, subject t the limitatins and standards in Sectin 13.06.635. 109. Parking quantity requirements and additinal develpment standards are prvided in Sectins 13.06.602 and 13.06.510, including subsectin 13.06.510.A.6. Accessry Dwelling Unit Regulatins Page 4 f 11 Planning Cmmissin Recmmendatin - Cde Changes (10-17-18)
* * * 13.06.150 Accessry dwelling units. A. Intent. Accessry dwelling units (hereinafter referred t as ADUs ) are intended t: 1. Prvide hmewners with a means f prviding fr cmpaninship and security. 2. Add affrdable small ftprint, lwer cst units t the existing husing supply. 3. Make husing units within the City available t lw and mderate incme peple. 4. Prvide an increased chice f husing that respnds t changing needs, lifestyles (e.g., yung families, retired), envirnmental sustainability, and mdern develpment technlgy. 5. Cntribute tprtect neighbrhd stability, and prtect prperty values by creating avenues fr additinal incme, aging-in-place, and the meeting f persnal and prperty needs, and the single-family residential appearance by ensuring that ADUs are installed in a cmpatible manner under the cnditins f this sectin. 6. Maintain residential appearance by ensuring that ADUs are f sund quality and generally cnsistent with neighbrhd patterns. 67. Increase density in rder t better utilize existing infrastructure and cmmunity resurces and t supprt public transit and neighbrhd retail and cmmercial services. B. Prcedures. Any prperty wner seeking t establish an ADU in the City f Tacma shall apply fr apprval in accrdance with the fllwing prcedures: 1. Applicatin. Prir t installatin f an ADU, the prperty wner shall apply fr an ADU permit with Planning and Develpment Services. A cmplete applicatin shall include a prperly cmpleted applicatin frm, flr and structural plans fr mdificatin, and fees as prescribed in subsectin B.2 belw. 2. Fees. Fees shall be required in accrdance with Sectin 2.09.020. Upn sale f the prperty, a new wner shall be required t sign a new affidavit and t register the ADU, paying the applicable fee in accrdance with Sectin 2.09.020. 3. Accessry dwelling unit agreement. The wner f any prperty cntaining an ADU shall recrd with the Pierce Cunty Auditr an accessry dwelling unit ntificatin agreement fr the ADU. Such agreement shall be in a frm as specified by Planning and Develpment Services, and shall include as a minimum: (a) the legal descriptin f the prperty which has been permitted fr the ADU; (b) affirmatin that the wner shall ccupy either the main building r the ADU, and agrees t all requirements prvided in subsectin C.; and (c) the cnditins necessary t apply the restrictins and limitatins cntained in this sectin. The prperty wner shall submit prf that the accessry dwelling unit ntificatin agreement has been recrded prir t issuance f an ADU permit by Planning and Develpment Services. The accessry dwelling unit agreement shall run with the land as lng as the ADU is maintained n the prperty. The prperty wner may, at any time, apply t Planning and Develpment Services fr a terminatin f the Accessry Dwelling Unit Regulatins Page 5 f 11 Planning Cmmissin Recmmendatin - Cde Changes (10-17-18)
accessry dwelling unit agreement. Such terminatin shall be granted upn prf that the ADU n lnger exists n the prperty. 4. Permit. Upn receipt f a cmplete applicatin, applicatin fees, prf f recrded accessry dwelling unit ntificatin agreement, and apprval f any necessary building r ther cnstructin permits, an ADU permit shall be issued. 5. Inspectin. The City shall inspect the prperty t cnfirm that minimum and maximum size limits, required parking and design standards, and all applicable building, health, safety, energy, and electrical cde standards are met. 6. Vilatins. A vilatin f this sectin regarding prvisin f wnership shall be gverned by subsectin C.4, and a vilatin f prvisin f legalizatin f nncnfrming ADUs shall be gverned by subsectin C.7. Vilatins f any ther prvisins shall be gverned by Sectin 13.05.100. 7. ADUs shall be exempt frm density calculatins. 7. Detached ADUs in the R-1, R-2, R2-SRD and HMR-SRD Districts are reviewed under the prvisins f the Residential Infill Pilt Prgram per TMC 13.05.115. Such applicatins shall prvide fr ntificatin f prperty wners within 100 feet. C. Requirements. The creatin f an ADU shall be subject t the fllwing requirements, which shall nt be subject t variance. 1. Number. One ADU shall be allwed per residential lt as a subrdinate use in cnjunctin with any new r existing single family detached dwelling in the City f Tacma. 2. Occupancy. The maximum number f ccupants in an ADU shall be 4 persns. Maximum ccupancy may be furthershall be limited by the Minimum Building and Structures Cde in Title 2. 3. Cmpsitin. The ADU shall include facilities fr cking, living, sanitatin, and sleeping. 4. Ownership. The prperty wner (i.e., title hlder r cntract purchaser) must maintain his r her ccupancy in the main building r the ADU. Owners shall recrd a ntice n title which attests t their ccupancy and attests that, at n time, shall they receive rent fr the wner-ccupied unit. Falsely attesting wner-residency shall be a misdemeanr subject t a fine nt t exceed $5,000, including all statutry csts, assessments, and fees. In additin, ADUs shall nt be subdivided r therwise segregated in wnership frm the main buildingsubject t the enfrcement prvisins f TMC 13.05.100. 5. Parking. N ff-street parking is required fr the ADU. If additinal ADU parking is prvided, such parking shall be lcated in the rear prtin f the lt and shall nt be accessed frm the frnt if suitable access t the rear is available, such as an abutting right-f-way that is r can practicably be develped. If access is nt practicably available t the rear yard, subject t determinatin by the City Engineer, then vehicular access t the frnt may be develped subject t the limitatins in Sectin 13.06.510.A.6. 6. Addressing. All ADUs must have clear addressing visible frm the street. If the ADU is nt visible frm the street, an address and sme frm f directinal ntatin must be alng a walkway, n a fence, n the main huse, r sme lcatin that differentiates the main huse address frm the ADU address and is visible frm the main access pint t the prperty. Accessry Dwelling Unit Regulatins Page 6 f 11 Planning Cmmissin Recmmendatin - Cde Changes (10-17-18)
76. Hme ccupatins. Hme ccupatins shall be allwed, subject t existing regulatins. Hwever, if bth the main building and the ADU cntain hme ccupatins, nly ne f the tw is permitted t receive custmers n the premises. 87. Shrt-term rental. The use f an ADU as a shrt-term rental shall be allwed, subject t cmpliance with Sectins 13.06.150 and 13.06.575. 98. Legalizatin f Nncnfrming ADUs. Nncnfrming ADUs existing prir t the enactment f these requirements may be fund t be legal if the prperty wner appliesd fr an ADU permit prir t December 31, 19952020, and brings the unit up t Minimum Husing Cde standards in Sectin 2.01 f the Building Cde. In additin, all nncnfrming ADUs must meet all f the standards within Subsectin C. Requirements, as well as Subsectin D.4 Lcatin. After January 1, 19962021, wners f illegal ADUs shall be subject t the enfrcement prvisins f TMC 13.05.100guilty f a misdemeanr and, upn cnvictin theref, subject t a fine nt t exceed $1,000, including all statutry csts, assessments, and fees, plus $75 per day after ntice f the vilatin has been made. The burden f prf falls n prperty wners in any dispute regarding the legality f the unit. All wners f illegal ADUs shall als be required t either legalize the unit r remve it. D. Bulk, Lcatin and Design RequirementsDevelpment Standards. The creatin f an ADU shall be subject t the fllwing develpment standards, which shall be subject t variance requirements: 1. Minimum Lt Size. a. Fr Attached ADUs in residential districts, the lt must meet the minimum Level 1 Small Lt size and width requirements fr single-family detached dwellings in the applicable zning district (fr example, in the R-2 zning district a single-family lt must be at least 4,500 and 35 feet widewith Small Lt Design Standards, t be eligible t have an ADU). Attached ADUs that d nt increase the building envelpe f the existing structure are exempt frm this requirement. b. Fr Detached ADUs in residential districts, the lt must meet the minimum Standard Lt size (n less than 7,500 square feet in the R-1 District, r less than 5,000 square feet in all ther residential districts), and Standard Minimum Lt wwidth (50 feet). c. Fr ADUs in all ther zning districts, the lt must meet the applicable lt size and width requirements. d. ADUs n lts that d nt meet the applicable lt size and/r width requirements may be authrized thrugh the issuance f a Cnditinal Use Permit. 2. ADU Size. a. The building ftprint f an ADU, excluding any garage area and ther nn-living areas, such as wrkshps r greenhuses, shall nt exceed the fllwing: 40 percent f the ttal square ftage f the main building and the ADU cmbined, after mdificatin r cnstructin. An ADU shall nt cntain mre than 1,000 square feet. (1) Standard Lts (meeting the applicable standard lt size and width requirements): 1,200 square feet. (2) Small Lts (smaller r narrwer than the applicable lt size and width requirements): 800 square feet. (3) Large lts (greater than 10,000 square feet and meeting applicable lt width requirements): 1,500 square feet. Accessry Dwelling Unit Regulatins Page 7 f 11 Planning Cmmissin Recmmendatin - Cde Changes (10-17-18)
b. In additin, the building ftprint f detached ADUs shall meet the standards f 13.06.100.F Accessry building standards be limited t the mst restrictive f the fllwing standards: (1) N mre than 15 percent f the lt area plus 500 square feet, minus any ftprint square ftage f ther accessry buildings n the same lt. (2) N mre than 85 percent f the main building ftprint. c. In additin, detached ADUs are cnsidered accessry buildings and thus are als subject t the standards set frth in TMC 13.06.100.F Accessry building standards. 3. Height. a. Attached ADUs are subject t the height limitatins applicable t the main huse. b. Detached ADUs shall be n taller than the main huse. In additin, height shall be limited t the mst restrictive f the fllwing: (1) The maximum height fr detached ADUs shall be 18 feet, measured per the Building Cde, r up t 20 feet with incrpratin f either parking n the main level f the structure, r f green features. Detached ADUs shall be n taller than the main huse. (2) The cnversin f an existing accessry structure taller than 18 feet may be authrized thrugh issuance f a Cnditinal Use Permit. In such cases, the structure shall nt intercept a 45-degree daylight plane inclined int the ADU site frm a height f 15 feet abve existing grade, measured frm the required 5 ft setback line; and, secnd stry windws facing abutting prperties, and within 10 feet f Accessry Dwelling Unit Regulatins Page 8 f 11 Planning Cmmissin Recmmendatin - Cde Changes (10-17-18)
the prperty line, shall be cnstructed in a manner t prevent direct views int the neighbring prperty, thrugh such methds as clerestry windws, r semi-translucent glass. (3) In View Sensitive Districts, the maximum height shall be 15 feet, measured per TMC 13.06.700.B, and allwance f additinal height is subject t TMC 13.06.645 Variances. 4. Lcatin. The ADU shall be permitted as a secnd dwelling unit added t r created within the main building r, when allwed, permitted as a detached structure lcated in the rear yard. 5. Setbacks. Attached ADUs are cnsidered part f the primary structure and thus are subject t the same setback standards applicable t the primary structure. Detached ADUs shall be setback a minimum f 5 feet frm the side and rear prperty lines, excepting that n setback frm the alley shall be required. Existing buildings being cnvertedst t Detached ADUsS are nt required t meet setbacks, but shall cmply with all applicable City f Tacma Building Cdes adpted at the time f permit applicatin. 6. Open Space. While n additinal yard space is required fr sites with an ADU, the prpsal must maintain r prvide usable and functinal utdr r yard space cnsistent with TMC 13.06.100.D.7 Minimum Usable Yard Space. 7. Walkways. Fr ADUs with a separate exterir entrance, a pedestrian walkway shall be prvided between the ADU and the nearest public sidewalk, r where n sidewalk exists, the nearest public street right-f-way. The walkway shall be cmpsed f materials that are distinct frm any adjacent vehicle driving r parking surfaces. The walkway may functin as a shared pedestrian/vehicle space prvided that it is cnstructed f distinct materials and is lcated alng an exterir edge f a driving surface. E. Design Standards. The creatin f an ADU shall be subject t the fllwing design requirements: 6. Design - Attached ADUs. An attached ADU shall be designed t maintain the architectural design, style, appearance, and character f the main building as a single-family residence. If an attached ADU extends beynd the current ftprint r existing height f the main building, such an additin must be cnsistent with the existing façade, rf pitch, siding, and windws. Only ne entrance is permitted t be lcated in the frnt façade f the dwelling. If a separate utside entrance is necessary fr an attached ADU, it must be lcated either ff the rear r side f the main building. Such entrance must nt be visible frm the same view f the building which encmpasses the main entrance t the building and must prvide a measure f visual privacy. 71. Design - Detached ADUs. A detached ADU shall be designed t cmplement the architectural design, style, appearance, and character f the main building by utilizing cmplementary clrs and finish materials, windw styles, and rf design t the main building. The entrance dr t a detached ADU shall nt face the same prperty line as the entrance dr t the main building except when the entrance dr t the ADU is lcated behind the rear wall f the main building. The Detached ADU structure shall be the nly accessry structure allwed n the parcel, thugh it can be integrated int a structure that includes a garage r ther nn-habitable space. A Detached r Attached ADU shall be designed s that the verall building design, material selectin, and detailing ensure perfrmance and are cnsistent with r exceed the quality f cnstructin in the surrunding area. 2. Any ADU prpsed within a histric district is subject t the requirements and standards set frth in TMC 13.07 Landmarks and Histric Special Review Districts. Accessry Dwelling Unit Regulatins Page 9 f 11 Planning Cmmissin Recmmendatin - Cde Changes (10-17-18)
8. Walkways. Fr ADUs with a separate exterir entrance, a pedestrian walkway shall be prvided between the ADU and the nearest public sidewalk, r where n sidewalk exists, the nearest public street right-f-way. The walkway shall be at least 4 feet wide and cmpsed f materials that are distinct frm any adjacent vehicle driving r parking surfaces. The walkway may functin as a shared pedestrian/vehicle space prvided that it is cnstructed f distinct materials, is lcated alng an exterir edge f a driving surface, and vehicles are nt permitted t park n the walkway. * * * Chapter 13.05 Land Use Permit Prcedures 13.05.115 Residential Infill Pilt Prgram A. Purpse. T prmte innvative residential infill develpment types, while ensuring that such develpment demnstrates high quality building and site design that is respnsive t and harmnius with neighbrhd patterns and character. In additin, the Pilt Prgram is intended t develp a bdy f successful, well-regarded examples f innvative residential infill in rder t infrm a later Cuncil decisin whether t finalize develpment regulatins and design standards fr sme r all f these infill husing types. B. Term. The Pilt Prgram will cmmence when infill design guidelines illustrating in graphic frmat the intent and requirements f this sectin have been develped, with input frm the Planning Cmmissin, and authrized by the Directr. The Pilt Prgram will be reassessed as directed by the City Cuncil r by the Directr. Once three f any f the categries has been cmpleted, n additinal applicatins will be accepted fr that categry until further Cuncil actin has been taken. C. Applicability. The prvisins f this sectin apply t the fllwing categries f residential infill: 1. Detached Accessry Dwelling Units within the R-1, R-2, R-2SRD and HMR-SRD Districts, 21. Tw-family r twnhuse develpment within the R-2 District, 23. Multifamily develpment within the R-3 District, and 34. Cttage Husing develpment within any residential district except the HMR-SRD District. D. The pertinent prvisins f TMC 13.06 regarding residential districts, the develpment and permitting requirements described therein, as well as any ther pertinent sectin f the TMC shall apply. E. There shall be a minimum distance f 1,000 feet separating pilt prgram husing develpments within the same categry. F. Only ne Detached Accessry Dwelling Unit may be develped within designated Histric Districts under the Pilt Prgram. GF. Submittals. Prpnents f any f the abve innvative residential infill develpment types shall submit the fllwing: Accessry Dwelling Unit Regulatins Page 10 f 11 Planning Cmmissin Recmmendatin - Cde Changes (10-17-18)
1. A ssite plan(s) shwing prpsed and existing cnditins. 2. Building elevatins frm all fur sides, shwing prpsed and existing cnditins. 3. A massing study. 4. Phtgraphs f any existing structures that will be altered r demlished in assciatin with the prpsal, as well as phtgraphs f the structures n adjacent parcels. 5. A narrative and any supprting exhibits demnstrating hw the prject will be cnsistent with the Pilt Prgram intent and the prvisins f this sectin. 6. Demnstratin that the prpsal wuld meet all pertinent TMC requirements, including thse cntained in TMC 13.06.100. 7. A cmplete applicatin, alng with applicable fees, fr any required land use permits, including cnditinal use and Accessry Dwelling Unit permits. Such prcesses may require public ntificatin r meetings. 8. The Directr reserves the right t request additinal infrmatin and dcumentatin prir t beginning the City s review. * * * Accessry Dwelling Unit Regulatins Page 11 f 11 Planning Cmmissin Recmmendatin - Cde Changes (10-17-18)