Chapter 19.14
ACCESSORY DWELLING UNITS (ADU)

Sections:

19.14.010 Permitted in residential districts,
R-1, R-2, R-3 and R-4.

19.14.020 Provisions for water and sewer.

19.14.030 Only one accessory dwelling unit per single-family dwelling.

19.14.040 General provisions.

19.14.050 Special provisions.

19.14.060 Permit – Fee – Application – Inspection.

19.14.070 Detached from single-family dwelling – Special.

19.14.010 Permitted in residential districts,
R-1, R-2, R-3 and R-4.

Accessory dwelling units (ADUs) shall be permitted in residential districts R-1, R-2, R-3 and R-4, as accessory to single-family dwellings, subject to the provisions of this chapter. (Ord. 2591 § 2, 1995).

19.14.020 Provisions for water and sewer.

No ADU shall be permitted to be added to, created within, or constructed on the same lot as the single-family dwelling to which it is accessory without a prior certification from the public works department of the city that the water supply and sanitary sewer facilities serving the site of proposed ADU are adequate. (Ord. 2591 § 2, 1995).

19.14.030 Only one accessory dwelling unit per single-family dwelling.

Only one ADU shall be permitted as accessory to a single-family dwelling. (Ord. 2591 § 2, 1995).

19.14.040 General provisions.

(1) ADUs shall be permitted as second dwelling units that are added to or created within, or as provided in LMC 19.12.055 as a special property use, constructed on the same lot as a single-family dwelling.

(2) All housing and building codes and standards shall be applicable to all ADUs including, but not limited to, the building code, the plumbing code, the electrical code, the mechanical code, the fire code, and all requirements of the Cowlitz County health department.

(3) ADUs that are added to or created within single-family dwellings shall not be required to have separate independent utility connections; however, ADUs that are detached from the single-family dwelling to which they are accessory shall have separate independent utility connections and solid waste collection.

(4) The square foot size of any ADUs, excluding any garage area, shall not exceed 40 percent of the square foot size of the single-family dwelling to which it is accessory; it shall be of not less than 300 square feet nor in excess of 800 square feet, and it shall contain no more than two bedrooms.

(5) All ADUs shall be designed to maintain the appearance of the single-family dwelling to which they are accessory. If an ADU extends beyond the current footprint of the single-family dwelling it must be consistent with the existing roof pitch, siding and windows of the single-family dwelling. If a separate entrance door is provided, it must be located either off the rear or side of the single-family dwelling. Any additions to an existing structure or building shall not exceed the allowable lot coverage or encroach into the required setbacks.

(6) All ADUs which are attached to a single-family dwelling shall be connected thereto with a common wall and provided with an interior passage door (not located in a bedroom or bathroom) to allow accessibility from both the ADU and the single-family dwelling to which it is accessory.

(7) At least two off-street parking spaces shall be provided for each ADU in addition to the off-street parking space required for the single-family dwelling.

(8) No ADU may be the residence of more than four persons.

(9) All ADUs shall have separate street addresses that are visible from the street and that clearly identify the location of the ADU. (Ord. 2591 § 2, 1995).

19.14.050 Special provisions.

(1) The owner or contract purchaser of record of the single-family dwelling to which an ADU is accessory shall reside either in the single-family dwelling or the ADU as a permanent place of residence, and shall not be permitted to rent or lease the same. The ownership of ADUs may not be separated from ownership of the single-family dwelling to which they are accessory. The owner or purchaser of record shall execute an affidavit biannually (once every two years) stating that he, she or they are and will remain in compliance with this provision. Said affidavit shall be filed and maintained in the office of the department of community and economic development.

(2) No home occupations, day care centers or adult foster homes shall be permitted in ADUs or in single-family dwellings to which they are accessory.

(3) No ADU may be occupied unless the owner of record of the single-family dwelling to which it is accessory possesses a current certificate of occupancy for such ADU.

(4) The building official shall inspect all ADUs at least once biannually (every two years) at or about the time that the affidavit described in subsection (1) of this section is filed with the department of community and economic development. The purpose of such inspection shall be to determine if such ADU is in compliance with the requirements of this chapter.

(a) If such inspection reveals that such ADU is in compliance, the building official shall issue a certificate of occupancy for said ADU which shall be valid for a period of two years from its date.

(b) If such inspection reveals that such ADU is not in compliance, the building official shall not issue a certificate of occupancy for said ADU, and shall notify the owner or contract purchaser of the single-family dwelling to which said ADU is accessory that said ADU must be vacated and not occupied until it is reinspected by the building official and a certificate of occupancy is issued. (Ord. 2774, 2000; Ord. 2591 § 2, 1995).

19.14.060 Permit – Fee – Application – Inspection.

(1) No ADU may be added to, created within, or constructed upon the same lot as a single-family dwelling without a permit therefor, issued by the department of community and economic development.

(2) All applications for ADU permits shall be on forms provided by the department of community and economic development, and the fee for such permit shall be as provided in the building code.

(3) Before any permit for the creation or construction of an ADU is granted, the proposed site thereof and the plans and specifications therefor shall be inspected by the building official to assure that the provisions of this chapter are not violated. (Ord. 2774 § 1, 2000; Ord. 2591 § 2, 1995).

19.14.070 Detached from single-family dwelling – Special.

In the event that the appeal board of adjustment grants a special property use permit for the construction of a detached ADU (i.e., an ADU that is not added to or created within the single-family dwelling) in accordance with LMC 19.12.055, all of the provisions of this chapter shall be applicable thereto. In addition, the following provisions shall be applicable to such detached ADUs:

(1) Water, sewer and solid waste collection shall be by way of connections and service that is completely separate, apart and independently metered, from the single-family dwelling to which such ADU is accessory.

(2) All detached ADUs shall comply with all setback and separation requirements for detached accessory buildings except that the minimum rear yard setback shall be 10 feet.

(3) Detached ADUs shall be designed in such a manner as to blend with or complement the architectural design of the single-family dwelling to which such ADU is accessory; approval of such design shall be made by the appeal board of adjustment.

(4) Detached ADUs shall share the same hard-surfaced driveway as the single-family dwelling to which such ADU is accessory, and shall have direct access to the street upon which the single-family dwelling fronts. No new or additional curb cuts shall be permitted for the ADU.

(5) Detached ADUs shall have a minimum of 25 feet of unobstructed street frontage with no intervening structures to ensure adequate visibility and access for emergency vehicles. (Ord. 2591 § 2, 1995).