ORD 98-10 LOT AGGREGATIONORDINANCE NO. 98- 10
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to lot aggregation; amending Section 18.87.050 of the
Bainbridge Island Municipal Code; and repealing Ordinance No. 97-
02.
WHEREAS, on February 20, 1997, the City Council passed a red-lined version of
Ordinance No. 97-02 which deleted the word "unimproved" from BIMC 18.87.050 (B) and (C)
and added a phrase and sentence to the end of BIMC 18.87.050 (B); and
WHEREAS, after passage of Ordinance No. 97-02, City staff retyped the ordinance in a
clean (non-redline) version, but failed to delete the word "unimproved" from BIMC 18.87.050 (B)
and (C); and
WHEREAS, the Mayor signed the clean version of the ordinance, unaware of the
typographical error; and
WHEREAS, the erroneous ordinance was published and distributed to the public; and
WHEREAS, the City Council desires to correct the typographical error to accomplish its
original intent; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Section 18.87.050 of the Bainbridge Island Municipal Code is amended to read
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 the 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 of this section, any nonconforming 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 or lots that
contain a dwelling. The owner of combined lots shall apply for a boundary line
DOCS\94700\105\0147527.01 12/16/97 - 1 -
adjustment pursuant to Chapter 17.20 of this Code to remove boundary lines that
are shared by contiguous lots.
C. Any nonconforming lot in common ownership with a contiguous lots on
May 18, 1995, may be developed with affordable housing, 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;
percent;
o
feet;
Lot coverage on lots less than 10,000 square feet may not exceed 15
Building height on lots less than 10,000 square feet may not exceed 20
4. All health district standards for water and sewage disposal must be met;
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; and
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
subsection C of this section. Additional information may be provided as necessary.
Section 2. Ordinance No. 97-02 is repealed.
Section 3. 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 15 day of January , 1998.
APPROVED by the Mayor this 15 day of January , 1998.
DOCS\94700\105\0147527.01 12/16/97 - 2 -
ATTEST/AUTHENTICATED:
Susan P. Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma. City Attorney
Dwight Sutton, Mayor
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
January 9, 1998
January 15, 1998
January 28, 1998
February 1, 1998
98-10
DOCS\94700\105\0147527.01 12116197 - 3 -