ORD 95-07 ASSESSORY DWELLING UNITSORDINANCE NO. 95-07
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to accessory dwelling units and manufactured homes and amending
Sections 18.06.010, 18.06.260, 18.06.320, 18.06.340, 18.06.390,
18.06.700 18.12.020, 18.12.030, 18.15.020, 18.15.030, 18.18.020,
18.21.020, 18.24.020, 18.27.020, 18.30.020, 18.30.030, 18.33.020,
18.33.030, and 18.36.020, 18.36.030, 18.91.010, 18.91.020, and
18.111.010 of the Bainbridge Island Municipal Code; adding a new
Chapter, 18.89 to the Bainbridge Island Municipal Code; and repealing
Sections 18.06.590, 18.06.710, 18.06.740, 18.06.805, 18.06.895, and
18.91.030 of the Bainbridge Island Municipal Code.
WHEREAS, the City adopted a Comprehensive Plan on September 1, 1994, which
contains a Housing Element that establishes goals and policies for the provision of
housing for the citizens of the City; and
WHEREAS, in accordance with RCW36.70A, the Growth Management Act that
requires that development regulations be adopted that implement the Plan. Now,
therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN, as follows:
Section 1. Section 18.06.010 of the Bahbridge Island Municipal Code is amended as
follows:
18.06.010 Accessory Dwelling Units.
"Accessory dwelling unit" means separate living quarters contained within or detached
from a single-family residence dwelling on a single lot, containing lea: t~an 800
square feet of floor area or less. excluding any garage area or excluding accessory
buildings, and sharing a single driveway with the primary residence dwelling;
provided no mobile home or recreational vehicle shall be an accessory dwelling unit.
Section 2. Section 18.06.260 of the Bainbridge Island Municipal Code is amended as
follows:
18.06.260 Density.
"Density" means the number of dwelling units allowed in the lot area7, not including
accessory dwelling units.
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Section 3. Section 18.06.320 of the Bainbridge Island Municipal Code is amended as
follows:
18.06.320 Dwelling, multifamily.
"Multifamily dwelling" means a atr,:c,",;rc building or portion of a atr,:ct',:rc building
containing two or more dwelling units or more than one dwelling unit on one lot=, not
including accessory dwelling units.
Section 4. Section 18.06.340 of the Bainbridge Island Municipal Code is amended as
follows:
18.06.340 Factory-built home.
"Factory-built home" means any building or structure, containing one designed to be
used as a dwelling "":* that is constructed primarily in a factory in compliance with
the standards of the Uniform Building Code, does not contain a permanent chassis
and is transported to the site for assembly and installation on a permanent foundation.
Such dwellings shall be constructed in compliance with the standards of the Uniforu~
Building Code and must have the insignia of approval of the Washington State
Department of Labor and Industries, in accordance with RCW 43.22.
Section 5. Section 18.06.390 of the Bainbridge Island Municipal Code is amended as
follows:
18.06.390 Floor area.
"Floor area" means the total area of all floors within the exterior vertical walls of a
building. If any room has a sloping ceiling. no portion of the room measuring less
than five vertical feet from the finished floor to the finished ceiling shall be included
in the computation of total area.
Section 6. Section 18.06.700 of the Bainbridge Island Municipal Code is amended as
follows:
18.06.700 Manufactured home.
"Manufactured home" means any building or structure, containing one designed to be
used as a dwelling with or without a permanent foundation when connected to the
required utilities, that is constructed primarily in a factory in compliance with the
National Manufactured Home Construction and Safety Standards (adopted June
1976), contains a permanent chassis, and is transported to the site in one or more
sections for assembly and installed on a permanent foundation installation according to
the manufacturer's specifications. Such dwellings shah bc constructed in compliance
with the Federal Manufactured Ilome Construction and Safety Standards (built after
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June 15, 1976) and must have the insignia of approval of the US Department of
Housing and Urban Development, in compliance accordance with RCW 43.22.
Section 7. Section 18.12.020 of the Bainbridge Island Municipal Code is amended as
follows:
18.12.020 Pennitted uses.
Pennitted uses in the R-14 zone are: A. Accessory dwelling units;
B. Accessory uses and buildings;
C. Community or public park and recreation facilities;
D. Educational, cultural, governmental, religious, or health care facilities;
E. Family day care homes;
F. Manufactured homes within manufactured home dcvelopmcnts;
G. Minor home occupations;
H. Multifamily dwellings;
I. Single-family dwellings built to UBC standards.
Section 8. Section 18.12.030 of the Bainbridge Island Municipal Code is amended as
follows:
18.12.030 Conditional uses.
Conditional uses are:
A. Bed and breakfast establishments;
B. Child day care centers;
C. Major home occupations;
D. Manufactured home devclopmcnts;
tii. D__~. Public and private utility buildings and structures;
t:.E..= Senior citizen housing project utilizing the bonus densities set forth in
this chapter under bonus densities allowed, Section 18.12.080.
Section 9. Section 18.15.020 of the Bainbridge Island Municipal Code is amended as
follows:
18.15.020 Permitted uses.
Permitted uses in the R-8 zone are:
A. Accessory dwelling units;
B. Accessory uses and buildings;
C. Automobile parking facilities accessory to residential development;
D. Family day care homes;
E. Manufactured homes within manufactured home developments;
F. Minor home occupations;
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G. Multifamily dwellings;
H. Public parks and playgrounds;
I. Single-family dwellings built to UBC standards.
Section 10. Section 18.15.030 of the Bainbridge Island Municipal Code is amended
as follows:
18.15.030 Conditional uses.
Conditional uses are:
A. Bed and breakfast establishments;
B. Child day care centers;
C. Educational, cultural, governmental, religious or health care facilities;
D. Major home occupations;
E. Manufactured home developments;
F.E. Public and private utility buildings and structures;
G.F. Senior citizen housing projects utilizing the bonus densities set forth in
this title under Section 18.12.080, except that a minimum of 3000 square
feet of lot area per unit shall be required and the parking requirement shah not
be less than one space per unit.
Section 11. Section 18.18.020 of the Bainbridge Island Municipal Code is amended
as follows:
18.18.020 Permitted uses.
Permitted uses in the R-6 zone are:
A. Accessory uses and buildings;
B. Family day care homes;
C. Foster homes;
D. Manufactured homes except single wides;
E. Minor home occupations;
F. Public parks and playgrounds;
G. Single-family dwellings built to UBC standards.
Section 12. Section 18.18.030 of the Bainbridge Island Municipal Code is amended
as follows:
18.18.030 Conditional uses.
Conditional uses are:
A. Accessory dwelling units;
B. Educational, cultural, governmental, religious or health care facilities;
C. Major home occupations;
D. Marinas;
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E. Multifamily dwellings;
F. Public and private utility buildings and structures.
Section 13. Section 18.21.020 of the Bainbridge Island Municipal Code is amended
as follows:
18.21.020 Permitted uses.
Permitted uses in the R-4.3 zone are:
A. Accessory dwelling units;
B. Accessory
....... ~o uses and uaca buildings;
C. Family day care homes;
D. Manufactured homes;
E. Minor home occupations;
F. Single-family dwellings built to UBC standards.
Section 14. Section 18.21.060 of the Bainbridge Island Municipal Code is amended
as follows:
18.21.060 Yards.
A. Front yards, rear yards and side yards facing streets shall be not less than
25 feet, measured by the distance from the nearest lot lines, planned rights-of-
ways, or road easements.
B. Side yards shall not be less than 15 feet in total sum with no side yard less
than five feet.
C. In the case of structures over two stories high, front and rear yard
requirements shall be increased by four feet for every story over two; the side
yard requirements shall be increased by 10 feet for every story over two.
D. In the case of detached accessory dwelling units, side yards shall be no less
than 10 feet for single story and 15 feet for two story.
E. No portion of any residential structures shall be closer than 10 feet from
any other residential structure.
F. Rear yards shall be 15 feet.
Section 15. Section 18.24.020 of the Bainbridge Island Municipal Code is amended
as follows:
18.24.020 Permitted uses.
Permitted uses in the R-3.5 zone are: A. Accessory dwelling units:
B. Accessory ~"':'~:"~ uses and uses buildings;
C. Family day care homes;
D. Manufactured homes.
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E. Minor home occupations;
F. Single-family dwellings built to UBC standards.
Section 16. Section 18.24.020 of the Bainbridge Island Municipal Code is amended
as follows:
18.24.060 Yards.
A. Front yards, rear yards and side yards facing streets shall be not less than
25 feet, measured by the distance from the nearest lot lines, planned rights-of-
way, or road easements.
B. Side yards shall not be less than 15 feet in total sum with no side yard less
than five feet.
C. In case of structures over two stories high, front and rear yard
requirements shall be increased by four feet for every story over two; the side
yard requirements shall be increased by 10 feet for every story over two.
D. In the case of detached accessory dwelling units. side yards shall be no less
than 10 feet for single story and 15 feet for two story.
E. No portion of any residential structures shall be closer than 10 feet from
any other residential structure.
F. Rear yards shah be 15 feet.
Section 17. Section 18.27.020 of the Bainbridge Island Municipal Code is amended
as follows:
18.27.020 Permitted uses.
Permitted uses in the R-2.9 zone are:
A. Accessory dwelling units;
B. Accessory
...... ~, uses and u3ca buildings;
C. Family day care homes;
D. Manufactured homes.
E. Minor home occupations;
F. Single-family dwellings built to UBC standards;
Section 18. Section 18.27.060 of the Bainbridge Island Municipal Code is amended
as follows:
18.27.060 Yards.
A. Front yards, rear yards, and side yards facing streets shall be not less than 25 feet,
measured by the distance from the nearest lot lines, planned rights-of-ways, or road
easements.
B. Side yards shah not be less than 15 feet in total sum with no side yard less than
five feet.
C. In case of structures over two stories high, front and rear yard requirements shall
be increased by four feet for every story over two; the side yard requirements shah be
increased by 10 feet for every story over two.
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D. In the case of detached accessory dwelling units, side yards shall be no less than
10 feet for single story and 15 feet for two story.
E. No portion of any residential structures shall be closer than 10 feet from any other
residential structure.
F. Rear yards shall be 15 feet.
G. Confined feeding areas or structures to house livestock or poultry shall not be
located closer than 200 feet to any pre-existing residence on adjacent properties.
Section 19. Section 18.30.020 of the Bainbridge Island Municipal Code is amended
as follows:
18.30.020 Permitted uses.
Permitted uses in the R-2 zone are:
A. Accessory dwelling units;
B. Accessory uses and buildings;
C. Agriculture and accessory uses except agricultural processing;
D. Family day care homes;
E. Manufactured homes, except single widcs;
F. Minor home occupations;
G. Public parks and playgrounds;
H. Single-family dwellings built to UBC standards;
Section 20. Section 18.30.030 of the Bainbridge Island Municipal Code is amended
as follows:
18.30.030 Conditional uses.
Conditional uses are:
A. Accessory dwelling units;
A. Agricultural processing;
B. Bed and breakfast establishments;
C. Cemeteries;
D. Child day care centers;
E. Educational, cultural, govemmental, religious or health care facilities;
F. Group health facilities;
G. Major home occupations;
I. Manufactured home developments;
H. Marinas/boat rental facilities;
I. Mining and quarrying;
J. Multifamily dwellings;
K. Open-air sales for garden supplies;
L. Park-and-ride lots;
M. Public and private utility buildings and structures.
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Section 21. Section 18.33.020 of the Bainbridge Island Municipal Code is amended
as follows:
18.33.020 Permitted uses.
Permitted uses in the R-1 zone are:
I.A. Accessory dwelling units;
B. Accessory bu:,ldinga uses and uaca buildings;
C. Agriculture;
D. Family day care homes;
E. Forestry;
F. Manufactured homes;
G. Minor home occupations;
H. Public parks and playgrounds;
I. Single-family dwellings built to UBC standards;
Section 22. Section 18.33.030 of the Bainbridge Island Municipal Code is amended
as follows:
18.33.030 Conditional uses.
Conditional uses are:
A~-Aeeessefy-dwelling- unlta~
A.R. Bed and breakfast establishments;
g.C. Cemeteries;
.9:. Child day care centers~ provided, the subject property has a minimum lot area of
one acre;
· 1!7 Educational, cultural, governmental, religious or health care facilities;
E.F. Group health facilities;
G. Manufactured home developments;
F.FI. Mining and quarrying;
.F. Multiple-family dwellings with additional criteria of a 25-foot perimeter natural
vegetative easement and interior open space;
H.}. Open-air sales for garden supplies;
.K. Public and private utility buildings and structures;
.E. Recycling center provided that the subject property has a minimum lot area of
one acre and has frontage on an arterial.
Section 23. Section 18.36.020 of the Bainbridge Island Municipal Code is amended
as follows:
18.36.020 Permitted uses.
Permitted uses in the R-0.4 zone are:
A. Accessory dwelling units;
B. Accessory uses and buildings;
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C. Agriculture;
D. Family day care homes;
E. Forestry;
F. Manufactured homes;
G. Minor home occupations;
H. Public parks and playgrounds;
I. Single-family dwellings built to UBC standards;
Section 24. Section 18.36.030 of the Bainbridge Island Municipal Code is amended
as follows:
18.36.030 Conditional uses.
Conditional uses are:
A. Bed and breakfast establishments;
B. Cemeteries;
C. Day care centers, provided that the subject property has a minimum lot area
of two and one-haft acres;
D. Educational, cultural, governmental, religious or health care facilities;
E. Group health facilities;
F. Major home occupations;
G. Mining and quarrying.
H. Multifamily dwellings;
I. Open-air sales for garden supplies;
J. Park-and-fide lots;
K. Public and private utility buildings and structures;
L. Recycling center, provided that the subject property has a minimum lot area
of two and one-half acres;
Section 25 New Chapter. There is added to Title 18 of the Bainbridge Island
Municipal Code a new chapter, 18.89, entitled "Accessory Dwelling Units" to read as
follows:
Chapter 18.89 ACCESSORY DWELLING UNITS.
Sections:
18.89.010 Purpose.
18.89.020 Monitoring.
18.89.030 General requirements
18.89.010 Purpose.
The purpose of this chapter is to provide a potential source of affordable housing units
in single family neighborhoods and to expedite the review and approval process for
accessory dwelling units which conform to zoning and other provisions of the
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Bainbridge Island Municipal Code.
18.89.020 Monitoring.
The department will prepare a yeafly report that details the number of accessory
dwelling units created as a result of the provisions in this Chapter. Additional
information may be provided as necessary.
18.89.030 General Requirements.
A. An accessory dwelling unit may be created within, or detached from, any single-
family dwelling. whether existing or new, as a subordinate use, where permitted
by this chapter.
B. Only one accessory dwelling unit may be created per parcel.
C. No variances shall be granted for an accessory dwelling unit.
D. Only the property owner, which shall include title holders and contract
purchasers, may apply for an accessory dwelling unit. The property owner must
occupy either the primary dwelling or the accessory dwelling as their principal
residence for at least 6 months out of the year.
E. One off-street parking space shall be provided in addition to off-street parking that
is required for the primary dwelling pursuant to BIMC 18.81.030.
F. Accessory dwelling units shall be designed to maintain the appearance of the
primary dwelling as a single-family dwelling. If a separate outside entrance is
necessary for an accessory dwelling unit located within the primary dwelling, that
entrance must be located either on the rear or side of the building.
G. Detached accessory dwelling units in the R-4.3, R-3.5, and R-2.9 zones shall
have minimum 10 foot sideyards for single story and 15 foot sideyards for two
story.
H. School impact fees and qualified exemptions from those fees as provided in BIMC
15.28 shall apply.
I. All other applicable standards including, but not limited to, lot coverage, setbacks,
parking requirements, and Health District requirements for water and sewage must
be met.
Section 26. Section 18.91.010 of the Bainbridge Island Municipal Code is amended
as follows:
18.91.010 Inspection of manufactured homes.
A. The building official shall inspect and approve the installation of manufactured
homes prior to occupancy. and issue certificates of occupancy after all city and
state requirements have been met. No manufactured home shall be occupied until a
valid certificate of occupancy has been issued.
B. If a manufactured home is replaced by another manufactured home, a new
certificate of occupancy installation inspection shall be required.
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Section 27. Section 18.91.020 of the Bainbridge Island Municipal Code is amended
as follows:
18.91.020 Nonconforming manufactured homes.
A. A manufactured home that was built before June 15, 1976, and was legally placed
and maintained prior to the date of adoption of the ordinance codified in this
chapter and does not meet the requirements of this chapter, shall be deemed to be a
legal nonconforming structure building, i.e., nonconforming as to date of
construction.
B. If a legal nonconforming manufactured home is damaged to an extent exceeding 75
percent of the replacement cost of the entire building, exclusive of foundations, it
shall not be repaired, replaced or reconstructed except to conform to the
development requircmcnts of the zone in which it is located. The extent of the
damage shall be determined by the building official.
Sections 28. Section 18.111.010 of the Bainbridge Island Municipal Code is amended
as follows:
18.111.010 Purpose.
Variances are the mechanism by which the city may grant relief from the provisions
of the zoning ordinance where practical difficulty renders compliance with certain
provisions of the code an unnecessary hardship, where the hardship is a result of the
physical characteristics of the subject property and where the purpose of the
comprehensive plan is fulfilled. A variance is authorized only for lot area, size of
structure or size of yards and open spaces. Variances are not authorized for changes
in density requirements, building height requirements, or expanding a use otherwise
prohibited. A variance shall not be granted because of the presence of
nonconfomfities in the zoning district, o~ uses in an adjoining zoning district, or to
allow the siting for an accessory dwelling unit.
Section 29. Sections 18.06.590, 18.06.710, 18.06.740, 18.06.805, 18.06.895,
18.91.030 of the Bainbridge Island Municipal Code are repealed.
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Section 26. This ordinance shall take effect an be in force five days from and after
its passage, approval and publication as required by law.
PASSED by the City Council this
1995.
APPROVED by the Mayor this
1995.
ATtEST/AUTHENTICATE:
P,~lph Eells, Clerk Trcasurcr
APPROVED AS TO FORM:
4th day of May
8th
day of May
Janet K. West, Mayor
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL: May 4, 1995
PUBLISHED: May 10, 1995
POSTED: May 10, 1995
EFFECTIVE DATE: May 15, 1995
ORDINANCE NO: 95-07
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