Accessory dwelling units (ADU’s) are back!
If you’re not familiar with the concept of an ADU, it’s a residential living unit that provides an entirely independent living facility for one or more persons. ADU’s are often used to house family members who cannot live independently for some reason and are located on the same parcel as another type of housing unit, like a single-family home.
In 2019, four bills all proposed wider availability and use of ADU’s as part of the solution for increasing access to more and affordable housing options. None of those bills were adopted. This session, we’ve seen one new version so far:
- HB 2570 also proposes to increase the availability of ADU’s. It would accomplish this by removing what is characterized in the bill as “excessive regulatory and design barriers.”
If passed, this bill would amend the Growth Management Act (GMA) to require that all GMA planning counties with a population of at least 15,000 allow at least one ADU on all lots in all zoning districts that allow for single-family homes. It also implements some prohibitions, including:
- Not being able to establish a requirement for off-street parking.
- Not implementing or enforcing owner-occupancy requirements for at least one of the residential units on the property.
- Not being allowed to charge impact fees for ADU’s that are greater than 50% of the amount set for single-family homes.
Qualifying counties must also achieve 3 of 5 policy outcomes listed in the bill. These include:
- Allow 2 ADU’s on all lots that allow other residences;
- Not require a maximum size for ADU’s less than 1,000 square feet;
- Not limit roof heights on ADU’s to less than 24 feet;
- Adopt model ADU plans that are preapproved;
- Don’t require rear lot line setbacks if the rear yard is adjacent to an alley.
All these requirements are limited to urban growth areas (UGA) within the county. The bill also carries forward some key elements that we lobbied for last year.
ADU’s cannot be considered as contributing to the overall underlying density of a zone within the UGA. This overturns a previous Growth Board decision which found that detached ADU’s had to be counted as part of underlying zone density.
Counties are also provided a safe harbor from GMA appeals and SEPA appeals when taking actions to comply with this bill. The WSAC Legislative Steering Committee voted to support a similar bill last year (ESSB 5812), and there is a lot to like in this version as well. However, there are some elements preemptive of local authority and control that are of concern to counties.
HB 2570 will be heard later this week in committee
On another note, SB 6380 is also being heard later this week. This bill is a bit controversial as it would mandate a study of the removal of the Ballard Locks and the dams in the Seattle city light Skagit River hydroelectric project to increase salmon habitat. It should make for an exciting hearing. You might want to tune in.
