It will soon be even easier to build a “backyard cottage” or remodel a “mother-in-law” apartment in Federal Way if new code changes pass a second reading at the May 6 city council meeting.
The code changes will impact the housing category referred to as Accessory Dwelling Units (ADUs), which include small living quarters that are seperate from a main single-family home.
Code changes will include allowing at least two ADUs on all lots zoned for single-family dwellings, limiting impact fees and removing entrance location restrictions, allowing ADUs in any existing structure and reducing parking requirements for ADUs within a half-mile of major transit stops.
These code changes are a follow-up to initial updates made in 2023 to make sure the city code complies with state law HB 1337 (2023), and to act on the city’s own goals around encouraging housing density and options.
The Federal Way Housing Action Plan specifically states that encouraging Federal Way homeowners to build ADUs is priority number 4 as part of the city’s plan to ensure there is a variety of new housing types — including both rental and ownership units that cater to a variety of income levels and housing needs.
ADUs can “provide an accessible housing opportunity for intergenerational households, aging populations, people with disabilities, and more,” according to the city’s action plan, adding that they “contribute to housing supply and increase housing diversity and choice.”
These type of structures can be a way to add housing density without having to rezone the property or change the character of the neighborhood. It can also provide additional income as a rental property, which can be especially beneficial for those on a fixed income.
The city strategy describes two categories of the small dwelling units: detached options that include examples like backyard cottages or garage apartments that are not connected to a house, and attached ADUs that include examples like apartments that are contained within a house or built onto an existing house, but have separate living facilities.
While ADUs are increasingly gaining popularity around the region as codes become less restrictive, the application of this building type in Federal Way is still fairly low.
So far, the initial changes in city code have not correlated to an increase in ADU permit applications, but regional trends foreshadow what will most likely come next.
In Seattle, ADU code changes in 2019 saw a spike in ADUs permitted in the next two years, carrying the state’s overall increase. According to the Affordable Housing Progress Update from the Washington State Department of Commerce, 660 ADUs were permitted across Washington in 2020, and last year that number increased to 2,174.
As more regions complete updates due to HB 1337, the report said they can expect to see similar growth in their construction.
In Federal Way, 13 ADU building permits have been applied for since the initial code changes were made in July 2023, according to city staff.
None of these ADUs have been completed yet and only two of those applications have actually had permits issued so far. Two permits were either cancelled or expired, with the remaining nine still in process of approval.
For the previous time period before the changes in city code were made in 2023, 17 building permits were applied for, nine of which were completed, while six were either cancelled or expired.
Council discussion
Discussion on the council floor during the first reading on April 15 was limited and centered on ensuring clarity for permit applicants.
Councilmember Jack Dovey brought up a limitation on ADUs and asked if there could be something written into the code to make sure people are aware of it.
“We should have some sort of clause in this that lets people know that it’s just not any lot, and if you have a septic, you probably can’t do it,” Dovey said.
City code policies are only one part of the puzzle of getting permits approved to build, as everything from county law to local homeowner’s association (HOA) limitations could impact that.
“What the zoning code does is basically give you provisions of what is allowed. It doesn’t guarantee that you can actually maximize that development on your property … all those things have to be reconciled before permits can be issued,” Community Development Director Keith Niven responded, saying that such an addition to the code isn’t necessary.
If community members want to explore the possibility of building an ADU on their property, Niven advised that they review all relevant codes carefully.
Learn more
Potential ADU builders can also connect with the city’s “planner on duty” directly at the email address PlngInquiry@cityoffederalway.com or at 253-835-2655 and refer to helpful informational handouts and applications on the city website at www.federalwaywa.gov/page/land-use-applications-informational-handouts.
