ORD 95-36 AFFORDABLE HOUSINGORDINANCE NO. 95-36
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to development of affordable housing
on nonconforming lots and amending Chapters 18.87.050,
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. Chapter 18.87.050 is the Bainbridge Island Municipal Code is amended as
follows:
18.87.050 Nonconforming lots.
A. Nonconforming Single Lots. Any unimproved nonconforming, single lot, tract
or parcel of land that was lawfully created and recorded with the county auditor's office
prior to March 1, 1992, may be used for purposes permitted by this title notwithstanding
the minimum lot area, lot width and lot depth required.
B. Nonconforming Lots in Common Ownership. Except as provided in Subsection
C below, any nonconforming unimproved lot in common ownership with a contiguous lot
on May 18, 1995, shall not be used for purposes permitted by this title unless the lot is
combined with the contiguOusly-owned lot and/or combined in a manner adequate to
comply with the required minimum lot area, lot width and lot depth as specified for the
zone in which the lot is located; provided that, this provision shall not apply to lots in final
plats filed since January 1, 1977.
C. Any nonconforming unimproved lot in common ownership with a contiguous
lot on May 18, 1995, may be developed with affordable housing for middle and lower
income households, as defined by the U.S. Department of Housing and Urban
Development (HUD), without being combined with the contiguous lot, provided that:
1) rental units shall be for moderate income households and below: for-purchase
units shall be for middle income households and below:
2) lot coverage on lots less than 10,000 square feet may not exceed 15%:
3) building height on lots less than 10,000 square feet may not exceed 20 feet:
4) all Health District standards for water and sewage disposal must be met:
DRAFt Nonconforming Lot Ordinance - 11/2/95
5) all other requirements for the zone in which it is located must be met:
6) no variances shall be granted to allow for development of these lots:
7) no accessory dwelling units shall be permitted:
8) this section does not apply to lots abutting the shoreline:
9) units created under this provision shall remain affordable, as defined by HUD,
for 30 years as provided in Policy H 4.7 of the Housing Element of the
Comprehensive Plan:
D. Monitoring. The department will prepare a yearly report that monitors the
number of affordable housing units that are created as a result of the provisions of Section
C above. Additional information may be provided as necessary.
Section 2. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law.
PASSED by the City Council this 2rid
APPROVED by the Mayor this 3rd
ATTE S T/AUTHENTI C ATE:
APPROVED AS TO FORM:
day of November
day of November
Janet K. West, Mayor
,1995.
,1995.
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: October 5, 1995
PASSED BY THE HE CITY COUNCIL: November 2, 1995
PUBLISHED: November 8, 1995
POSTED: November 8, 1995
EFFECTIVE DATE: November 7, 1995
ORDNANCE NO: 95-36
DRAFT Nonconforming Lot Ordinance - 11/2/95