22.48.010 Accessory dwelling units.
Accessory dwelling units are permitted uses in all residential zoning districts, subject to the requirements set forth in this chapter and the requirements of the individual district.
A. General Requirements.
1. Compliance with Applicable Codes. Accessory dwelling units shall comply with this chapter and all other applicable codes, including but not limited to the building and zoning codes.
2. Certification by City of Algona Public Works Department. A certification must be provided by the Algona public works department that the water supply and sewage disposal facilities for the accessory dwelling unit are adequate to serve the unit.
3. Contained Within Structure. The accessory dwelling unit must be fully contained within and made a part of a single-family dwelling or an accessory building permitted under this chapter.
4. Limitation on Number. Only one accessory dwelling unit may be created per one single-family dwelling.
5. Owner Occupancy. The property owner of record must occupy either the single-family dwelling or the accessory dwelling unit as a legal residence. Legal residency must be evidenced by actual residency. Legal residency shall terminate by reason of absence in excess of one year. Legal residency shall immediately terminate upon the payment or receipt of rent for both units.
6. Size Restrictions. The accessory dwelling unit shall contain not less than three hundred square feet of floor area. The accessory dwelling unit shall contain not more than the lesser of one thousand square feet of floor area or forty percent of the total square footage of floor area of the single-family dwelling and accessory unit combined.
7. Parking. There shall be one off-street parking space provided for the accessory dwelling unit, which space shall be in addition to any off-street spaces required for the single-family residence.
8. Conversion of Garage Space. Garage space may be converted into an accessory dwelling unit only if the number of covered spaces eliminated by the conversion is replaced by the same number of spaces elsewhere on the property.
9. Appearance. All of the structures on the property shall have the appearance of a single-family dwelling unit plus allowed accessory structures. The entry door to the accessory dwelling unit shall be screened from the street by portions of the structure or by dense evergreen vegetation. There shall be no sign or other indication of the accessory dwelling unit’s existence other than an address sign and a separate mail box. The exterior finish of the accessory dwelling unit shall be identical to the residence or accessory structure in which it is contained.
10. Limit on Occupants. The occupants of the accessory dwelling unit shall be limited to a single family.
11. Minimum Requirements. An accessory dwelling unit must contain:
a. Bathroom facilities that include a toilet, sink and a shower or bathtub;
b. Kitchen and food preparation facilities including a sink, cooking facilities, and a refrigerator, each having a clear working space of not less than thirty inches in front;
c. Light and ventilation conforming to the Uniform Building Code;
d. A separate closet.
12. Segregation of Ownership Prohibited. The accessory dwelling unit shall not be subdivided or otherwise segregated in ownership from the primary residence.
B. Requirement of Registration. Any property owner seeking to establish a legal accessory dwelling unit shall apply to register the unit with the building official. The application shall provide that the property owner agrees to occupy either the single-family dwelling or the accessory dwelling unit and agrees to maintain the accessory dwelling unit in compliance with the standards set forth in this chapter.
C. Actions by Building Official. After receipt of a complete application, the building official shall observe the property to confirm that the standards of this chapter are met prior to issuing approval of the accessory dwelling unit.
1. New Construction. New construction shall be subject to all requirements of the building code.
2. Existing Construction. Existing construction shall be subject to all requirements of the building code which was in existence at the time of construction.
D. Recordation. After approval, a registration form signed by the record holders of the property shall be recorded with the King County department of records and elections. Said registration form shall contain the street address and legal description of the property, shall describe the requirement of owner occupancy and shall set forth the requirement for maintaining the accessory dwelling unit in compliance with the requirements of this chapter.
E. Cancellation of Registration. The registration of the accessory dwelling unit may be canceled by the property owner by recording a certificate of cancellation in a form satisfactory to the building official with the King County department of records and elections. The building official may record a notice of cancellation upon failure to comply with the standards set forth in this chapter.
F. Fees. Application fees are set forth in Chapter 2.50 AMC. The property owner shall be responsible for payment of all fees, filing and recording costs.
G. Adult Family Homes and Home-Based Day Cares. Accessory dwelling units are not allowed on any property where an adult family home or a home-based day care exists. (Ord. 1190-21 § 2, 2021; Ord. 1059-12 § 21; Ord. 817 § 2, 1996).