20.10.035 - ACCESSORY DWELLING UNITS
A. Purpose and Authority. The Director shall have the authority to approve accessory dwelling units which are located within or attached to a single family residence and existing detached accessory dwelling units, consistent with single family neighborhood character and the regulations and provisions herein. It is not the intent of these regulations to provide for accessory dwelling units on every residential property and they shall not be deemed to create a right or privilege to establish or maintain an accessory dwelling unit which is not strictly in compliance with these regulations. B. Attached Accessory Dwelling Unit. 1. An attached accessory dwelling unit must not exceed 40% of the square footage of the conditioned floor area measured from the outside of the exterior walls of the single family residence, excluding garages, and shall contain a minimum square footage as required by the building code and a maximum square footage of 800 square feet. Only one accessory dwelling unit may be permitted per single family residence. An owner of an existing split level single family home (home with more than one floor) may request to convert up to 50% the area to an accessory dwelling unit provided the accessory dwelling unit may not contain more than 800 square feet and the following criteria are satisfied: a. When existing parking is displaced new parking must be located on site; b. New parking spaces shall be located off the alley if practical; c. Parking in the front portion of the lot shall be discouraged; and d. Required parking for the ADU within the front yard setback shall be prohibited. 2. Only one entrance for the entire structure may be visible from the front street. For the purpose of this ordinance the front street shall be defined as the street with the address. All additions constructed to house an ADU must have similar roof pitch, siding, and windows (to the extent allowed by the building code) as the existing single family dwelling. 3. All additions must meet all land use requirements for single family residences as outlined in Chapter 20.30.040. 4. The primary residence or the accessory dwelling unit must be owner occupied. A covenant, approved by the Department of Planning and Community Development, must be signed and recorded which specifies this requirement and the requirement for purchaser registration contained in subsection (6). In addition, an affidavit must be submitted to the Department on or before January 1 of every odd numbered year attesting to owner occupancy. 5. The total number of persons who may occupy the accessory dwelling unit shall not exceed three, regardless of relationship. 6. Purchasers of homes with an accessory dwelling unit must register with the Department of Planning and Community Development within 30 days of purchase. 7. One additional parking space on private property shall be provided for each bedroom located within the accessory dwelling unit. Each accessory dwelling unit shall provide a minimum of one parking space. These parking spaces shall be in addition to those required for the single family residence. There shall be no net loss of existing parking due to the construction of an accessory dwelling unit. 8. No more than two bedrooms shall be located within the accessory dwelling unit. 9. A building permit must be obtained from the Building Services Division and shall be subject to the following requirements: Public Works Requirements: A single family home and an accessory dwelling unit may share a common side sewer line to the sewer main. A single family home and an accessory dwelling unit shall have a minimum of one water meter. Building Code Requirements: Building code requirements shall be modified as specified in attached Exhibit "A". These requirements shall supercede the requirements of Bellingham Municipal Code Title 17 to the extent they conflict. 10. Permitting Process. An accessory dwelling unit is required to obtain approval following the procedures established in BMC 21.10. C. Detached Accessory Dwelling Unit. 1. Authority: No new accessory dwelling unit may be located within a detached structure. Unpermitted detached accessory dwelling units existing prior to January 1, 1995, may be permitted. Approval shall be consistent with the Accessory Dwelling Unit regulations and process outlined in Chapter 20.10.035. The detached Accessory Dwelling Unit shall be reviewed using the Building Code in place at the time its owner brings the unit forward for permit. D. Existing Illegal Units. Application may be made for any accessory dwelling unit existing prior to January 1, 1995, to become legally permitted, pursuant to the provisions of this ordinance. If application is made within 18 months from the date of this ordinance (December 26, 1996), no penalty shall be imposed for the maintenance of the non-permitted accessory dwelling unit. After such date and/or 30 days after denial of a permit for an accessory dwelling unit, the owner of nay non-permitted unit shall be subject to the penalties provided in this code. An application to legalize an existing accessory dwelling unit shall include an application for an accessory dwelling unit permit (submitted to the Department of Planning and Community Development) and a building permit application, showing changes made to the residence to accommodate the accessory dwelling unit. [Ord. 2004-09-065; Ord. 2002-10-069 §41; Ord. 10643 §1, 1995]
