Chapter 17.100
ACCESSORY DWELLING UNITS (ADUS)
Sections:
17.100.010 Purpose and intent.
17.100.030 Standards and criteria.
17.100.010 Purpose and intent.
The purpose of an accessory dwelling unit (ADU) is to:
A. Add affordable units to existing housing and make housing units available to moderate-income residents who might otherwise have difficulty finding homes within the city.
B. Provide homeowners with a means of obtaining, through tenants in either the accessory dwelling unit or the principal residence, rental income, companionship and/or security.
C. Protect neighborhood stability, property values and the single-family residential appearance of the neighborhood by ensuring that accessory dwelling units are installed under the conditions of this title. (Ord. 1954-20 § 1 (Exh. A)(part), 2020)
17.100.020 Permit required.
A development authorization application is required for all accessory dwelling units. Application for an ADU shall be made in accordance with the permit procedures established in Chapter 2.90. The director shall have the authority to approve accessory dwelling units (ADUs) which are consistent with single-family neighborhood character and the regulations and provisions herein. It is not the intent of these regulations to provide for ADUs on every residential property and they shall not be deemed to create a right or privilege to establish or maintain an ADU which is not strictly in compliance with these regulations. (Ord. 1954-20 § 1 (Exh. A)(part), 2020)
17.100.030 Standards and criteria.
Accessory dwelling units shall meet the following criteria:
A. Accessory dwelling units are subject to the codes, regulations, and statutes adopted by reference in Chapter 15.04. The design and size of the accessory dwelling unit shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. When there are practical difficulties involved in carrying out the provisions of this title, the director or a designee may recommend modifications that will meet the intent of these codes. Such modifications shall be processed as a variance under this title.
B. ADUs are permitted on lots with one single-family home. The lot may not contain more than one primary dwelling unit.
C. Only one ADU shall be permitted per lot.
D. An accessory dwelling unit may be attached or detached from the principal unit.
E. An accessory dwelling unit may be established in an existing single-family dwelling unit or in a detached structure on a legal building lot by any one or by a combination of the following methods:
1. Alteration of interior space of the dwelling; or
2. Conversion of an attic, basement, attached or detached private garage, or other previously uninhabited portion of a dwelling; or
3. Addition of attached living area onto an existing dwelling; or
4. Construction of a detached living area.
F. The maximum size of an accessory dwelling shall not exceed eight hundred square feet, or no more than sixty-six percent of primary dwelling floor area, whichever is smaller. The maximum height of an ADU shall not exceed twenty feet; except the height of a structure containing an ADU over a garage (carriage house) may be increased to twenty-five feet to match the existing roof pitch of the primary residence.
G. The minimum size of an accessory dwelling unit shall not be less than two hundred five square feet.
H. The accessory dwelling unit must have a separate entrance from the primary unit.
I. The ADU shall be billed as a unit for monthly city utility billing purposes. Utilities between the primary dwelling unit and the ADU may be shared and may require upgrades to be in compliance with utility regulations. In all cases, the utility service shut-offs must be accessible to occupants of both units.
J. One off-street parking space is required in addition to the off-street parking spaces required for the principal residence. Parking must be provided on the subject property, either off of an alley or on a driveway. When the property abuts an alley, the off-street parking space for the accessory dwelling unit shall gain access from the alley. Parking shall be developed in accordance with the standards in Chapter 17.36.
K. The property owner, which shall include title holders and contract purchasers, must occupy either the principal unit or the accessory dwelling unit as their permanent residence for more than six months out of each year. The owner shall record a covenant with the Skagit County auditor stating that the owner resides at the property; the covenant shall be approved by the director. The property owner shall submit proof that the covenant has been recorded with the Skagit County auditor’s office prior to issuance of the building permit.
The planning director may waive this requirement for temporary absences of less than one year, where the accessory unit has been a permitted use for at least two years and the owner submits proof of absence from the region.
Spec homes may be constructed with an associated ADU under the following conditions:
1. No more than fifty percent of the original homes in a platted subdivision may be constructed with an ADU. For phased plats, no more than fifty percent of the original homes in each individual phase may be constructed with an ADU. This section is not meant to limit any platted subdivision from having ADUs on more than fifty percent of the lots after the original homes are completed and sold; it is only intended to limit the number of ADUs constructed as part of the original subdivision construction;
2. Prior to sale, the spec home builder shall notify prospective purchasers in writing of the limitations on ADUs and the requirements of this chapter, including the owner occupancy requirement;
3. During the closing process of the sale, a covenant stating that the owner resides at the property shall be signed by the purchaser and recorded with the Skagit County auditor; and
4. The buyer is required to submit a copy of the recorded covenant to the planning department after recording.
L. The current owner will notify prospective purchasers of the limitations on ADUs.
M. Upon sale of the property, a new owner shall be required to amend the ADU development authorization application, sign a new affidavit stating that the owner will live on site and pay the Sedro-Woolley ADU reauthorization fee.
N. The ADU may not be segregated in ownership from the principal dwelling unit.
O. All accessory dwelling units shall also be subject to the condition that such a permit shall automatically expire whenever:
1. The accessory dwelling unit is substantially altered and is thus no longer in conformance with the approved plans; or
2. The subject lot ceases to maintain at least three off-street parking spaces; or
3. The owner ceases to own or reside in either the principal or the accessory dwelling unit as specified in subsection K of this section.
P. Recreational vehicles, “park models” or temporary housing shall not be utilized as an accessory dwelling unit.
Q. The accessory and principal dwelling unit shall comply with all applicable requirements of the International Residential Code and zoning ordinance as adopted or amended by the city.
R. A permit for an accessory dwelling unit shall not be transferable to any lot other than the lot described in the application.
S. No more than four occupants may reside in an ADU, regardless of relationship.
T. ADUs shall look like a residential building and resemble the primary dwelling. Metal-sided buildings (such as buildings that were originally designed as a shop or garage) must be improved to resemble the primary dwelling. The planning director may approve alternate design of detached ADUs if the proposed building meets the design standards for residential buildings in a planned residential development. This clause is intended to allow for ADU designs that are aesthetically interesting but may not resemble the architecture of the primary dwelling. There are many off-the-shelf ADU designs that provide a high level of aesthetic interest, but may not be similar to the primary dwelling.
U. The address of the ADU shall be the same as the main house with a “b” added to the end of the address number.
V. Short-term rentals are not permitted on properties with an accessory dwelling unit.
W. The owner of any accessory dwelling unit established prior to the effective date of the ordinance codified in this chapter may submit application to the city to legally permit the existing unit pursuant to the provisions of this chapter. If application is made within eighteen months from the effective date of the ordinance codified in this chapter, no penalty shall be imposed for the maintenance of the nonpermitted accessory dwelling unit.
If the owner of an existing unauthorized ADU applies to make the unit legal, but cannot meet all of the standards, the owner will be allowed a “grace period” of six months from date of application to comply with applicable standards. However, where health and safety is an issue, the building official will determine when the necessary modifications must be made. If the owner cannot meet the standards, the unauthorized accessory unit must be removed or its use as a dwelling must be suspended. (Ord. 2043-23 § 1 (Exh. A), 2023; Ord. 1954-20 § 1 (Exh. A)(part), 2020)