A. The regulations contained in these sections have been adopted to:
1. Provide homeowners with a means of providing companionship and security.
2. Add affordable units to the existing house supply.
3. Make housing units within the city available to households with a variety of incomes.
4. Provide an increased choice of housing that responds to changing needs, lifestyles (e.g., young families, retired), and modern development technology.
5. Protect neighborhood stability, property values, and the single-family residential appearance by ensuring the ADUs are installed in a compatible manner under the conditions of this section.
6. Increase density in order to better utilize existing infrastructure and community resources, support public transit, neighborhood retail and commercial services.
B. Any property owner seeking to establish or construct an ADU shall obtain a permit consistent with the following:
1. Any person desiring to establish, construct, or legalize an ADU shall submit an application prepared using forms and checklists provided by the director. The director shall prepare a submittal checklist providing a list of the application materials that shall be considered the minimum necessary to constitute a complete application.
2. The owner(s) of the property shall occupy the primary dwelling unit or the ADU as their principal residence for at least six months of every year on any lot that contains any undevelopable critical area, as defined in BLMC 16.20.030, or that is fully or partially located within a watershed serving a reservoir for potable water if that watershed is or was listed, as of July 1, 2025, as impaired or threatened under Section 303(d) of the Federal Clean Water Act (33 USC §
1313(d)).
3. The property owner(s) shall sign a covenant documenting the existence of a lawfully permitted ADU and any conditions of the permit, agreeing to these conditions and the other requirements of this section, which shall be recorded with the Pierce County auditor. The applicant is responsible for recording the document with the Pierce County auditor and providing a conformed copy to the city. The form of the covenant shall be specified by the director.
4. After receiving a completed application and approving an ADU permit, the ADU shall be inspected to ensure that the ADU complies with all of the requirements of subsection
C of this section.
5. Satisfactory inspection of the property and verification that the covenant discussed in subsection (B)(3) of this section has been recorded with Pierce County shall result in the issuance of a certificate of occupancy.
C. The creation of an ADU shall be subject to the following requirements, which shall not be subject to waiver or variance:
1. The proposed ADU must be located on a legal building lot 2,000 square feet or greater in size as an accessory use to the primary dwelling unit, as follows:
a. A maximum of one attached or detached ADU shall be allowed as an accessory use to a single-family dwelling unit on a lot that contains any undevelopable critical area, as defined in BLMC 16.20.030.
b. A maximum of one attached or detached ADU shall be allowed as an accessory use to a single-family dwelling unit on a lot that is fully or partially located within a watershed serving a reservoir for potable water if that watershed is or was listed, as of July 1, 2025, as impaired or threatened under Section 303(d) of the Federal Clean Water Act (33 USC §
1313(d)).
c. On all other lots, a maximum of two ADUs shall be allowed as an accessory use to a single-family dwelling unit, duplex, triplex, or townhouse. The ADUs may be:
ii. One attached and one detached ADU.
iii. Two detached ADUs, which may be in either one or two detached structures.
iv. A conversion of an existing, legally constructed accessory building or structure, such as a detached garage, completed on or before June 30, 2025, that does not meet current setback requirements for a dwelling unit or current impervious surface requirements.
2. An ADU shall not be located on a lot which contains multifamily dwelling units.
3. Either the primary dwelling unit or the unit designed to become the ADU may be constructed first. If the unit designed to be the ADU is built first, it shall be considered the primary dwelling unit until a second unit is built and shall be subject to the utility connection fees provided for in BLMC §
13.04.070 and
13.12.100. The second unit built shall be considered an ADU for purposes of the utility connection fee exemptions provided for in BLMC § 13.04.070(D)(2)(c) and 13.12.100(E).
4. Size.
a. The size of an attached ADUs shall proportionate to the size of the associated primary dwelling unit, as follows:
Size of Primary Dwelling Unit | Minimum Size of Attached ADU | Maximum Size of Attached ADU |
|---|
Up to 2,500 Gross Square Feet | 300 Gross Square Feet | 1,000 Gross Square Feet |
2,501 to 3,000 Gross Square Feet | 40% of the Primary Dwelling Unit |
More than 3,000 Gross Square Feet | 1,200 Gross Square Feet |
b. Detached ADUs shall be a minimum of 450 gross square feet and a maximum of 1,200 gross square feet, regardless of the size of the primary dwelling unit.
5. Detached and attached ADUs may be segregated in ownership from the primary dwelling unit through:
a. Subdivision or other segregation from the property under Chapter
58.17 RCW and BLMC Title 17; or
b. Conversion to a condominium unit.
6. Utility Connections.
a. All ADUs shall be required to obtain a separate water meter and connection as required by Chapter
13.04 BLMC.
b. All ADUs shall be required to be connected to sanitary sewer or be served by a private wastewater disposal system as required by Chapter
13.12 BLMC.
9. Parking.
a. There shall be one off-street parking space provided for an ADU with one bedroom and two off-street parking spaces provided for an ADU with two or more bedrooms. If the ADU will be located on a lot that is 6,000 square feet or less in size, one off-street parking space shall be provided, regardless of number of bedrooms.
b. Off-street parking spaces for the ADU shall be in addition to those which are required for the primary dwelling unit and shall be located in a carport, garage, or designated space.
c. Tandem parking for an ADU is allowed on lots over 6,000 square feet in size.
10. The ADU shall comply with the setback and bulk regulations established by the underlying zoning classification; provided, that
a. Any detached ADU proposed along a lot line that abuts a public alley that is not routinely snow plowed may reduce the setback from the lot line abutting the public alley to zero feet.
b. The maximum building height of any new detached ADU is 24 feet. Existing, legally constructed buildings that exceed this height limit may be converted to an ADU.
11. The ADU shall meet all technical code standards including building, electrical, fire, plumbing and other applicable code requirements.
12. Unpermitted ADUs.
a. Any space meeting the definition of an ADU that can be demonstrated to have obtained the required permit(s), as specified below, shall be considered a legal, conforming ADU, and is not required to comply with this subsection:
i. The space was constructed under a valid building permit from the City, where the building permit application was complete on or prior to November 4, 1997; or
ii. The space was constructed under a valid ADU permit from the City, where the permit application was complete on or after November 5, 1997; or
iii. If the space was constructed prior to annexation by the City, under a valid permit from Pierce County.
b. Any space meeting the definition of an ADU that did not obtain the required permit(s), as specified above, is declared an unpermitted ADU. All owners of an unpermitted ADU shall be required to comply with one of the following options as set forth in subsections C.12.b.I through iii below:
i. Permit the ADU. To permit the ADU, the owner must:
(A) Submit an application for an ADU permit, showing changes made to the primary dwelling unit or detached accessory building to accommodate the ADU. Approval shall be consistent with the ADU regulations and process outlined in this section. The ADU shall be reviewed using the current editions of building codes in place at the time its owner brings the unit forward for permit; and
(B) Obtain building or other permit(s) for any unpermitted work; or
ii. Record a restrictive covenant. This option shall only be used once per lot. The owner must:
(A) Record a statement on the property title clarifying that the space within the primary dwelling unit or the detached accessory structure shall not be utilized as an ADU; and
(B) Obtain building or other permit(s) for any unpermitted work; or
iii. Remove the unpermitted ADU. The owner must:
(A) Record a statement on the property title clarifying the space within the primary dwelling unit or detached accessory structure shall not be utilized as an ADU; and
(B) Obtain permits for any unpermitted work; and
(C) Comply with one of the following requirements below so that the space no longer meets the definition of an ADU and is no longer considered an independent living space:
(1) Remove the range and either cap the gas service or remove the electrical system associated with the range by removing the plug and associated outlet box within the kitchen and circuit breakers at the electrical panel; or
(2) Remove the sink and cap the plumbing within the kitchen; or
(3) Remove plumbing fixtures and cap the plumbing within the bathroom.
c. A maximum of one restrictive covenant clarifying that a space shall not be utilized as an ADU is permitted per lot. The restrictive covenant shall be released from property title concurrent with recording of the covenant required under subsection
B.3 when:
i. The space identified under the restrictive covenant is permitted as an ADU under this section; or
ii. A second space meeting the definition of an ADU is proposed. In this case, both the original space and the second space must comply with all applicable requirements for two ADUs and obtain an ADU permit for each ADU under this section.
d. Nothing in this section shall require the city to issue permits for or to allow existing ADUs that are determined to be dangerous pursuant to Chapter
15.04 BLMC.
13. Nothing in this section shall prevent the city from requiring an owner to record a statement on the property title clarifying that a space within the primary dwelling unit or detached structure shall not be utilized as an ADU associated with new construction, remodels, or additions, where the work under the permit otherwise meets the definition of an ADU and the owner does not want to use any portion of the subject primary dwelling unit or detached structure for an ADU.
14. Any covenant, agreement, or statement on the property title shall be recorded with the Pierce County auditor. The owner is responsible for recording the document with the Pierce County auditor and providing a conformed copy to the city. The form of the statement shall be specified by the director.
(Ord. 747 § 1, 1997; Ord. 747A § 1, 1998; Ord. 988 § 2, 2003; Ord. 1221 § 5, 2007; Ord. 1505 § 22, 2015; Ord. 1584 § 2, 2017; Ord. 1678 § 3, 2022; Ord. 1737 § 24, 6/10/2025; Ord. 1753, 4/14/2026)