WCEL > Issues > Urban Growth and Development > Smart Bylaws Guide > Part 5 > Secondary Suites > City of Vancouver (Washington)

Smart Bylaws Guide – Secondary Suites – City of Vancouver (Washington)

While owner-occupancy requirements are onerous, the City of Vancouver, Washington, allows accessory dwelling units in many single family zones and does not require additional parking for the suite.

Municipal Code 20.91.202

Section 20.91.202 ACCESSORY DWELLING UNITS.

A.    Definition.  An accessory dwelling unit (ADU) is an ancillary (i.e., secondary) living unit existing either within the same structure, or on the same lot, as the primary dwelling unit. An ADU is distinguishable from a duplex in that, unlike a duplex, it is clearly subordinate to the primary dwelling unit, both in use and appearance.

B.    Purpose and intent.  The purpose of these code provisions is to: (1) provide homeowners with flexibility in establishing separate living quarters within or adjacent to their homes for the purpose of caring for elderly parents, providing housing for their children, companionship, security, services, or other purposes; (2) increase the supply of affordable housing units within the community; and (3) ensure that the development of accessory dwelling units does not cause unanticipated impacts on the character or stability of single-family neighbourhoods.

C.    Applicability.  Accessory dwelling units that meet the requirements of this subsection shall be allowed in all single-family zoning districts (R1-5, R1-6, R1-7.5, R1-10, R1-20). ADUs shall not be allowed in association with existing single-family dwellings located within multi-family or non-residential zoning districts.

D.    Development standards.  Accessory Dwelling Units shall comply with the following standards and criteria:

    1.    Configuration.  An accessory dwelling unit (ADU) may be located either within, attached to, or detached from, the primary structure.

    2.    Density.  Only one ADU may be created in conjunction with each single-family residence.

    3.    Minimum lot size.  An ADU shall not be established on any parcel smaller than 5,000 square feet.

    4.    Maximum unit size.  The gross floor area (finished wall to finished wall) of an addition to an existing structure, or new detached structure, constructed for the purpose of creating an ADU shall not exceed 40 percent of the gross floor area of the existing structure (not including basement or garage).  For an ADU created through the internal conversion of an existing structure, there is no restriction on the maximum size or configuration of the ADU.

    5.    Minimum unit size.  The gross floor area of an ADU (finished wall to finished wall) shall not be less than 300 square feet, or as otherwise established by the requirements of the Uniform Building Code (see Sections 310.6 and 310.7).

    6.    Setbacks and lot coverage.  Additions to existing structures, or the construction of new detached structures, associated with the establishment of an ADU shall not exceed the allowable lot coverage or encroach into required setbacks as prescribed in the underlying zone.  The applicable setbacks shall be the same as those prescribed for the primary structure, not those prescribed for detached accessory structures.

    7.    Scale and visual subordination.  The ADU shall be visually subordinate to the primary unit. Specifically, new detached structures, or additions to existing structures, created for the purpose of establishing an accessory dwelling unit, shall not comprise more than 40 percent of the total front elevation of visible structure (combined ADU and primary unit).  This standard does not apply for internal conversions of existing structures.

    8.    Parking.  Additional off-street parking is not required in conjunction with the establishment of an ADU.  However, the off-street parking requirements set forth in Chapter 20.81 shall be maintained for the primary residence.

    9.    Design and appearance.  An ADU, either attached or detached, shall be consistent in design and appearance with the primary structure.  Specifically, the roof pitch, siding materials, color, and window treatment of the ADU shall be consistent with (i.e., the same as) the primary structure.

    10.    Construction standards.  The design and construction of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes.

    11.    Accessibility.  In order to encourage the development of housing units for people with disabilities, the Building Official may allow reasonable deviation from the stated requirements to install features that facilitate accessibility.  Such facilities shall be in conformance with the UBC.

E.    Garage conversions.  An existing garage structure (or other outbuilding) may be converted to an ADU provided that the structure complies with established setback standards for a primary structure (not accessory structure) as prescribed in the underlying zone, applicable building codes, and all other standards of this section, except the roof pitch and siding requirements described in subsection D.9, above.  The off-street parking requirements for the primary residence shall be provided for elsewhere on the site in conformance with the setback, paving, and other development standards described in Chapter 20.81.

F.    Grandfathering.  An ADU created prior to the effective date of this ordinance may be recognized as lawful upon completion of a Housing Code Inspection and issuance of a certificate of occupancy (See 1994 Uniform Building Code, Section 109.  Separate fee applies).  The following standards shall apply:

    1.    For the purpose of building code interpretation, the ADU shall be required to conform with the Building Official's interpretation of minimal life safety standards (see Uniform Housing Code adopted at Chapter 17.28).

    2.    For the purpose of zoning code interpretation, the ADU shall not be required to conform with setback, lot coverage, or other development standards established in this section.  However, such a structure will be considered "nonconforming" and would not be allowed to be rebuilt in the event that it is destroyed (see VMC Section 20.04.240).

    3.    An application for recognition as a lawful unit must include the name of the owner, the address of the unit, a floor plan of the two units drawn to scale, a plot plan of the property, evidence of the date of establishment of the unit, evidence of the use of the unit as an ADU for a minimum six-month period prior to application for registration (e.g., utility bills, rent receipts, tax return indicating rental income, etc.), and the signature of the owner.

    4.    In order to be recognized as a lawful unit, the property owner must comply with the owner occupancy requirements of subsection H, below.

G.    Permitting.  The review and approval of a proposed ADU meeting the requirements of this subsection shall be accomplished through application for a building permit in accordance with the permit procedures established in Chapter 17.08.  Scale drawings depicting sufficient detail to interpret the requirements of this section shall be submitted with the application.

H.    Owner occupancy.  Prior to issuance of a building permit or certificate of occupancy establishing either a new or grandfathered ADU, the Department of Community Preservation and Development shall record as a deed restriction in the Clark Auditor's Office, a certification by the owner under oath in a form prescribed by the Director that one of the dwelling units is and will continue to be occupied by the owner of the property as the owner's principal and permanent residence for as long as the other unit is being rented or otherwise occupied.  The owner shall maintain residency for at least six months out of the year, and at no time receive rent for, or otherwise allow to be occupied, the owner-occupied unit if absent for the remainder of the year.  Falsely certifying owner occupancy shall be considered a violation of the Zoning Ordinance and is subject to the enforcement actions described in Chapter 20.04.

I.    Appeals.  An interpretation of this subsection by the Zoning Administrator may be appealed to the Board of Adjustment/Hearing Examiner according to the procedures established in Chapter 20.05.  (Ord. M-3221 § 1, 1996).