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Port Orchard staff outline Title 20 changes to implement state middle-housing and ADU laws
Summary
City staff described planned amendments to Port Orchard Municipal Code Title 20 to implement HB 1110 (middle housing), HB 1337 (ADUs), and unit-lot subdivision requirements, including proposed unit-per-lot limits, revised building-type definitions and schedule for phased code updates.
Port Orchard staff on Jan. 13 walked the planning commission through a multi-part proposal to amend Title 20 of the municipal code so local development regulations conform to the city—state housing laws intended to increase housing variety.
"Tonight, we'll discuss an important aspect of implementing the 2024 comprehensive plan, specifically the proposed amendments to Port Orchard Municipal Code title 20," said Jim Fisk, principal planner, explaining the changes respond to recent state legislation aimed at middle housing and accessory dwelling units.
Staff summarized three strands of work: - HB 1337 (ADUs): City staff said Port Orchard is close to compliance with HB 1337 but must allow at least two ADUs per lot in urban growth areas, permit condominium sales of ADUs, and adjust parking and impact-fee rules (state caps ADU impact fees at 50 percent of principal-unit fees). Staff also noted the city previously removed owner-occupancy requirements in 2023. - HB 1110 (middle housing): The legislation requires jurisdictions to allow middle-housing types (duplexes, triplexes, fourplexes, townhomes, cottages) in residential zones. Staff said the city intends to adopt "tier 2" compliance, which requires allowing up to four units per lot in R-1 and R-2 zones and up to six units in R-3, while R-4 and R-5 retain no maximum because form-based rules govern density. - Unit lot subdivisions: Staff described adding unit-lot subdivision standards to allow horizontal fee-simple division of a parent lot into smaller unit lots for each residential structure (detached houses, ADUs, duplexes, plexes, townhomes). Staff said unit-lot subdivisions do not permit vertical subdivision of stacked units; condos remain a separate option.
Other proposed changes include updating building-type definitions (new triplex/4-plex/5-plex/6-plex categories), reworking site and lot dimensions (including ground-floor elevation rules), making design standards consistent across detached homes and middle housing types, and updating parking standards and overlays.
Why it matters: staff said these changes are required by state law and that choosing tier 2 now avoids repeated code amendments as Port Orchard grows. The unit-lot subdivision approach is intended to ease projects that combine building types and to provide more flexibility than the city's prior lot-size-driven townhouse standards.
Schedule and procedure: staff said they will bring subdivision and permit-processing amendments for introduction in February, discuss them in March, and phase additional chapters (parking, building elements) into upcoming meetings. The city plans continued public outreach and expects more detailed drafts in February and March.
Ending: commissioners asked several technical questions about how ADUs, unit-lot subdivisions and condominium options would interact; staff warned that some statutory language is ambiguous and that state-level clarifications remain pending.
