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Ordinance No. 2026-10 HAA Interim Zoning ControlsPage 1 of 6 4867-4579-6790, v. 1 {ADT4926-0123-7449;1/13023.130005/} ORDINANCE NO. 2026-10 AN ORDINANCE of the City of Bainbridge Island, Washington, adopting an interim zoning map and interim zoning controls for a period of six months; setting forth preliminary findings in support of the interim zoning map and interim zoning controls; declaring an emergency and establishing an immediate effective date; stating the effect of the interim zoning map and interim zoning controls on vested rights; providing for a public hearing to be held within 60 days; providing for the interim zoning map and interim zoning controls to control if there are conflicts with City code; providing interpretive authority; and providing for severability. WHEREAS, the City of Bainbridge Island (“City”) is required by the Growth Management Act (“GMA”), RCW 36.70A.130, to conduct a periodic review and update of its comprehensive plan and development regulations to ensure consistency with updated state laws and population and employment projections; and WHEREAS, since the City’s last Comprehensive Plan periodic update in 2016, the GMA was amended in numerous ways to address housing, including enacting new housing and land capacity requirements for cities and counties; and WHEREAS, the City initially adopted the Winslow Subarea Plan (“WSP”) in 1998 and updated it in 2006 and again in 2016; and WHEREAS, in 2023, the City began working on the periodic update of its Comprehensive Plan, including additional updates to the WSP and on the periodic update of its Comprehensive Plan; and WHEREAS, in the course of updating the WSP and Comprehensive Plan, the City developed three alternatives for the areas inside and outside the Winslow Subarea that were analyzed through a Draft Environmental Impact Statement, issued July 26, 2024, with a comment period that ran through October 10, 2024; and WHEREAS, throughout 2025, the Planning Commission then reviewed and updated the WSP, completing its preliminary review and recommendations for the WSP at their December 4 and 11, 2025 meetings, including recommendations to expand the Winslow Subarea boundary, update zoning district boundaries and to update development standards affecting areas within and adjacent to existing Winslow Subarea mixed use districts, and update changes to the City’s affordable housing incentive programs to bring the City into compliance with the GMA; and WHEREAS, in January 2026, the Planning Commission began its review of proposed updates to the Citywide Comprehensive Plan, reviewing Element by Element the essential updates proposed by City staff to reflect the updated planning period, and City work completed or underway since the 2016 Comprehensive Plan update; and WHEREAS, the Planning Commission completed its preliminary review of the Comprehensive Plan Elements at its meeting on March 26, 2026; and Page 2 of 6 4867-4579-6790, v. 1 {ADT4926-0123-7449;1/13023.130005/} WHEREAS, the GMA also requires the City to adopt development regulations that implement its Comprehensive Plan update and consider changes to local regulations required by updates to State law; and WHEREAS, on April 9, 16, 23 and 30, 2026, the Planning Commission reviewed proposed amendments to the Bainbridge Island Municipal Code (“BIMC”); and WHEREAS, draft Ordinance 2026-04 adopts the update to the City’s Comprehensive Plan and WSP, and draft Ordinance 2026-05 adopts development regulations that implement the Comprehensive Plan update; and WHEREAS, on May 14, 2026, after timely notice the Planning Commission, conducted public hearings on both Ordinance No. 2026-04 and Ordinance No. 2026-05; and WHEREAS, on May 21, 2026, after closing the public hearing, the Planning Commission deliberated on both ordinances and voted to recommend that City Council approve Ordinance No. 2026-05; and WHEREAS, on May 14, 2026, notice was given to the Washington State Department of Commerce in conformance with RCW 36.70A.106; and WHEREAS, since May 2026, the City Council has held multiple meetings to discuss and deliberate on both Ordinance No. 2026-04 and Ordinance No. 2026-05; however, the City Council is not yet able or prepared to adopt either Ordinance; and WHEREAS, during its update process, the Washington State Department of Commerce (“Commerce”) also notified the City that it had been selected for targeted review under the Housing Accountability Act (“HAA”), RCW 36.70A.835; and WHEREAS, under the HAA targeted review, Commerce is required to evaluate whether a jurisdiction is in compliance with the laws and regulations identified in RCW 36.70A.835(7), notify the jurisdiction of its findings, and then propose amendments to correct any deficiencies; and WHEREAS, if a HAA targeted review city fails to amend its housing element and any relevant housing development regulations to address Commerce’s noted deficiencies within a correction period of 120 days, the city becomes “noncompliant city”; and WHEREAS, under RCW 36.70A.835(11) a “noncompliant city” is subject to the “Builder’s Remedy” and may not “deny an affordable or moderate-income housing development, or approve an affordable or moderate-income housing development with conditions or restrictions that have a substantial adverse impact on the viability of the development or the degree of affordability of the development unless at least one of the conditions in RCW 36.70A.835(11)(a)(i) through (iv) is met; and Page 3 of 6 4867-4579-6790, v. 1 {ADT4926-0123-7449;1/13023.130005/} WHEREAS, on July 27, 2026, the City applied for an extension of the HAA correction period pursuant to RCW 36.70A.835(9)(b)(i); and WHEREAS, said request cited unforeseen circumstances and the City’s progress on its adopting a Comprehensive Plan update, WSP and adoption of the implementing development regulations; and WHEREAS, on July 28, 2026, the City Council held a joint public hearing with the Department of Commerce housing staff regarding the City’s progress under the HAA; and WHEREAS, on August 5, 2026, Commerce notified the City that it would not grant the City’s request for an extension of the HAA correction period unless the City adopts interim development regulations by August 26, 2026, that: (i) allow sufficient land capacity to meet the city’s allocated housings needs of the comprehensive plan and supporting land capacity analysis and (ii) implement the adequate provisions outlined in the city’s latest version of their adequate provisions checklists (Appendix F) published with the joint Commerce-City public hearing on July 28, 2026; and WHEREAS, Commerce has indicated that “[i]f the [C]ity cannot adopt interim regulations consistent with the HAA requirements by August 26, the Builder’s Remedy in RCW 36.70A.835(11) will go into effect in the City of Bainbridge Island. It will remain in effect until the [C]ity submits an adopted comprehensive plan and development regulations that are consistent with the HAA requirements and Commerce issues a decision of compliance.”; and WHEREAS, on August 11, 2026, the City Council directed the Interim City Manager to continue to pursue an extension of the Housing Accountability Act’s 120-day correction period, as outlined in Commerce’s August 5, 2026, letter, by submitting draft development regulations submitted to Commerce for 60-day review and including Mandatory Inclusionary Zoning as recommended by Planning Commission on July 23, 2026, by August 12, 2026; and WHEREAS, on August 12, 2026, City staff transmitted the updates to the BIMC contained in this ordinance to Commerce for their review; and WHEREAS, on August 14, 2026, Commerce notified the City that if the City adopts updates to the BIMC contained in this ordinance on an interim basis by August 26, 2026, Commerce will grant the City a 120-day extension of the HAA correction period; and WHEREAS, the City Council has authority, pursuant to Article XI, Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, to adopt interim zoning maps, interim zoning ordinances, and interim official controls; and WHEREAS, unless City Council adopts the interim zoning map and interim zoning controls contained in this ordinance by August 26, 2026, Commerce will declare that the City of Bainbridge Island is a “noncompliant city” under the HAA; and Page 4 of 6 4867-4579-6790, v. 1 {ADT4926-0123-7449;1/13023.130005/} WHEREAS, Commerce has informed the City that if it were to be declared a “noncompliant city” under the HAA, the Builder’s Remedy as described in RCW 36.70A.835(11) will apply to the City, even though the entire City of Bainbridge Island is a critical area (i.e., an aquifer recharge area) and pursuant to RCW 36.70A.835(11)(a)(iii), existence of such a critical area expressly allows the City to deny or impose conditions or restrictions on affordable or moderate-income housing development; and WHEREAS, application of the Builder’s Remedy to the City has the potential to have major impacts on public health, safety, and welfare, as the City will be required to approve all affordable and moderate-income housing developments in any area where residential or mixed use development is permitted, and prohibited from imposing conditions or restrictions that have a substantial adverse impact on the viability of the development or the degree of affordability of the development. Like all development, affordable and moderate-income housing has the potential to impact public health, safety, and welfare by adversely affecting traffic, pollution, light, surface water, and public utilities, such as water and sewer service. Ordinarily, application of the City’s development regulations and environmental review would mitigate or eliminate those potential impacts. But, the Builder’s Remedy would potentially allow affordable and moderate-income housing development to avoid most, if not all, of those regulations and review; and WHEREAS, the Builder’s Remedy has not yet been implemented in the State of Washington, leading to uncertainty for the community and developers about how to implement the Builder’s Remedy and its impact on the community; and WHEREAS, adoption of an interim zoning map and interim zoning controls for a period of six months will allow the City to avoid the potentially negative impacts of the Builder’s Remedy and demonstrate to the Department of Commerce the City’s intention to comply with their guidance, and will provide the City Council with the necessary time to formulate and adopt a Comprehensive Plan update and development regulations that are legally sound, implement State requirements on housing, and reflect the desires of the community at large; and WHEREAS, the interim zoning map and zoning controls imposed herein promote the public good and are necessary for the immediate protection of the public health, property, safety, and welfare. A public emergency exists requiring that the interim zoning map and interim zoning controls become effective immediately upon adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The recitals set forth above are hereby adopted as the City’s Council’s initial findings of fact in support of the interim zoning map and interim zoning controls established by this ordinance. The City Council may, in its discretion, adopt additional or revised findings after the public hearing described in Section 6 below. Section 2. Declaration of Emergency; Effective Date. The City Council hereby declares that the interim zoning map and interim zoning controls adopted by this ordinance are an emergency measure that are necessary for the immediate protection of public health, public safety, Page 5 of 6 4867-4579-6790, v. 1 {ADT4926-0123-7449;1/13023.130005/} public property, and public peace. This ordinance shall therefore take effect and be in full force immediately upon its adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641, 904 P.2d 317 (1995), non-exhaustive underlying facts necessary to support this emergency declaration are included in the “Whereas” clauses above, all of which are adopted by reference as findings of fact as if fully set forth in this Section. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City. Section 3. Interim Zoning Map and Interim Zoning Controls Imposed. Pursuant to Article XI, Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, the City hereby adopts the interim zoning map and interim zoning controls as set forth in Exhibit “A,” Exhibit “B,” Exhibit “C,” and Exhibit “D” attached hereto and incorporated herein by reference. Sections 4. Effect on Vested Rights. The interim zoning map and interim zoning controls imposed under Section 3 of this ordinance shall only apply prospectively. Nothing in this ordinance shall be construed to extinguish, limit, or otherwise infringe on any permit which has vested under state law and the City of Bainbridge Island’s regulations prior to the effective date of this ordinance. Section 5. Duration of Interim Zoning Map and Interim Zoning Controls. The interim zoning map and interim zoning controls shall be in effect for a period of six months from the date of its enactment and shall automatically expire thereafter unless the same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless permanent regulations are adopted and the interim zoning map and interim zoning controls are terminated by the City Council. Section 6. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City Council shall hold a public hearing at a Council meeting within 60 days of adoption of this ordinance in order to take public testimony and to consider adopting further findings of fact. Section 7. SEPA Exemption. The adoption of the interim zoning map and interim zoning controls under Section 3 above is categorically exempt from SEPA review under WAC 197-11-880 and WAC 197-11-800(19). Section 8. Conflict with Other Provisions of City Code. If the provisions of this ordinance are found to be inconsistent or in conflict with other provisions of the Bainbridge Island Municipal Code, the provisions of this ordinance shall control. Section 9. Interpretive Authority. The Bainbridge Island City Manager is hereby authorized to issue official interpretations arising under or necessitated by this ordinance. Section 10. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Page 6 of 6 4867-4579-6790, v. 1 {ADT4926-0123-7449;1/13023.130005/} PASSED by the City Council this 25th day of August, 2026. APPROVED by the Mayor this 25th day of August, 2026. Clarence Moriwaki, Mayor ATTEST/AUTHENTICATE: Christine Brown, MMC, City Clerk FILED WITH THE CITY CLERK: August 21, 2026 PASSED BY THE CITY COUNCIL: August 25, 2026 PUBLISHED: August 28, 2026 EFFECTIVE DATE: August 25, 2026 ORDINANCE NUMBER: 2026-10 Attached: Exhibit A – Updates to BIMC Terms and Titles 2, 3 and 13 Exhibit B – Updates to BIMC 17.12 Subdivision Standards Exhibit C – Updates to BIMC Title 18 Zoning Exhibit D – Updated Official Zoning Map 1 Ord. No. 2026-10 Exhibit A Exhibit A: Updates to BIMC Terms & Titles 2, 3 and 13 The Bainbridge Island Municipal Code is amended to update the terms listed below throughout the municipal code. • “2016 Comprehensive Plan” is changed to “2024 Comprehensive Plan” • “Vision 2040” is changed to “VISION 2050” • “Winslow Master Plan” is changed to “Winslow Subarea Plan” • “Shoreline Master Program” is changed to “Shoreline Management Program” • “Special Planning Area” is changed to “Subarea” • “Mixed Use Town Center” or “Mixed Use Town Center and High School Road I and II” is changed to “Winslow Town Center” • “High School Road I and/or II” zoning district is changed to the “High School Road” zoning district. • “Island-wide Transportation Plan” is changed to “Island-wide Mobility Plan” • Remove reference to the R-14 zoning district 2 Ord. No. 2026-10 Exhibit A Section 2.16.020.S Housing Design Demonstration Projects, of the Bainbridge Island Municipal Code is hereby amended as follows. 2.16.020.S. Housing Design Demonstration Projects. 2. Applicability. This subsection S is applicable to all properties located within the Winslow sanitary sewer system service area or Winslow Subarea Plan study area, as those that areas exists or are is defined on the effective date of the ordinance codified in this chapter, except that the provisions of this section are not applicable to an area identified as the “Ferncliff Affordable Housing Area” in Section 18.21.030. An application for a housing design demonstration project may be applied to single-family residential subdivisions, mixed-use/multifamily and multifamily developments. Since the purpose is to provide housing projects as demonstrations, the city will accept projects for consideration and approval prior to the sunset date of the ordinance codified in this chapter. The city will limit acceptance of projects outlined in this section to two projects after the effective date of the ordinance codified in this chapter. Section 2.16.040 Site Plans and Design Review of the Bainbridge Island Municipal Code is hereby amended as follows: BIMC 2.16.040 Site plans and design review. A. Purpose. The purpose of this section is to establish a comprehensive site plan and design review process that ensures compliance with the adopted plans, policies, and ordinances of the city. The overall goal of this chapter is to minimize land alteration, provide greater site development flexibility and consequently provide more creative and imaginative design than generally is possible under conventional zoning regulations. It is further intended to provide for the review of development proposals with respect to overall site design and to provide a means for guiding development in a logical, safe, attractive, and expedient manner, while also allowing property to be developed in phases. An additional purpose is to promote those specific purposes for each zoning district stated in Chapter 18.06 BIMC. B. Applicability. 1. Site plan and design review shall be required prior to the issuance of construction permits in any of the following circumstances: a. The new construction of a nonresidential building, or other structure; or b. The expansion, remodel, or alteration of any building by more than five percent of its existing floor area, or, in the case of structures with no floor area, the expansion, remodel, or alteration by more than five percent of overall size, or expansion that creates a new dwelling unit; or 3 Ord. No. 2026-10 Exhibit A c. A change of use that: i. Proposes to substantially alter the exterior of the structure as determined by the Director; or ii. That results in increased parking demands; or d. The construction of new wireless communication support structures (but not the location of wireless facilities on existing buildings). 2. Exemptions. The following types of activities shall not require site plan and design review pursuant to this section. Properties within jurisdiction of the shoreline master program, as defined by Chapter 16.12 BIMC, or containing critical areas or critical area buffers, as defined by Chapter 16.20 BIMC, may require review pursuant to those chapters. a. Permits authorizing residential construction for single-family residential use and accessory dwelling units. b. Any activity that does not require a building permit, or any activity that is not considered a change in use, as determined by the director. c. Interior work that does not alter the exterior of the structure and does not affect parking standards; provided, that the application does not result in the following: i. Additional sleeping quarters; ii. Nonconformity with Federal Emergency Management Agency substantial improvement thresholds; or iii. Increase in the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems. d. Normal building maintenance and repair. e. Maintenance or expansion of existing parks where the proposed activities are exempt from SEPA review in accordance with WAC 197-11-800. f. Construction of public communications towers. g. Pursuant to RCW 35.21.990, adding residential dwelling units wholly within an existing building. 3. The provisions of this section supplement those of BIMC 2.16.020 and 2.16.030 when the application is for site plan or design review. In the event of a conflict between the provisions of BIMC 2.16.020 or 2.16.030 and this section, the provisions of this section shall govern. 4 Ord. No. 2026-10 Exhibit A C. Major and Minor. This section provides two methods of site plan and design review: major and minor. Application materials for both major and minor site plan and design review can be found in the administrative manual. 1. Minor. Minor site plan and design review is required for minor projects that can clearly meet the decision criteria in subsection F of this section, as determined by the director. Examples of minor administrative projects include: a. A fourplex multifamily development; b. Minor commercial remodel or the addition of a small room; and c. A minor change in use, such as from a church to a preschool. 2. Major. Major site plan and design review requires design review board and planning commission review and recommendation, and is required for projects that: a. Are determined by the director to be more complicated than those in subsection C.1 of this section, due to site constraints or the complexity of the project; or b. Receive written public comment(s) during the public comment period concerning the effect on the land use application of the comprehensive plan, shoreline master program, or matters not addressed by specific provisions of this code; or. c. Are located on property zoned business/industrial after November 22, 1999. 5 Ord. No. 2026-10 Exhibit A Section 3.63.030 Multifamily Property Tax Exemption Program of the Bainbridge Island Municipal Code is hereby amended as follows: 3.63.030 Designation of residential targeted areas. Pursuant to RCW 84.14.040, the Bainbridge Island city council designates the following areas as the targeted areas where the provisions of this chapter are applicable, and as shown in Figures 3.63.030-1, and 3.63.030-2, and 3.63.030-3 below: A. Winslow Subarea Master Plan Study Area. B. Winslow Sewer Service Area. B.C. Within the Lynwood Center Neighborhood Center Area, the Neighborhood Center (NC), NC/R-12, and R-5 zones. D. The Finch Green properties located at 7968 Finch Road NE. Figure 3.63.030-1: Winslow Subarea Master Plan Study Area and Winslow Sewer Service Area 6 Ord. No. 2026-10 Exhibit A Figure 3.63.030-2: Lynwood Center Neighborhood Center Area Figure 3.63.030-3: Finch Green Properties 7 Ord. No. 2026-10 Exhibit A Section 13.16.040 Regulations and Penalties Applicable to both Sewer and Water Service of the Bainbridge Island Municipal Code is hereby amended as follows: 13.16.040 Sewer and water connection – System participation. A. Regulations. 1. Repealed by Ord. 2023-16. 2. Owners of property requesting a binding commitment for an unlimited reservation of water or sewer system capacity shall pay the full amount of applicable water and sewer system participation fees, as established by resolution of the city council. 3. All applicable water and sewer system participation, inspection, and testing fees and charges, as established by resolution or ordinance of the city council, shall be paid at the time a request to connect is made and prior to connection with the city water and sewer systems, unless an extension of time is authorized pursuant to subsection A.4 of this section or as otherwise determined by city council. 4. The city council may authorize an extension of time within which to pay fees and charges due under subsections A.2 and A.3 of this section if all of the following conditions are met: a. The property to be served by the city’s system contains an existing structure which will receive service; b. The property to be served is within the city’s service area; c. The city is requiring the property to be served to immediately connect to the city’s system, due to public health or other reasons; d. The payment of the fees and charges under subsections A.2 and A.3 of this section would place an excessive financial burden on the natural person legally responsible for the payment; and e. The property owner or other person responsible for payment of the fees and charges agrees to a payment schedule, evidenced by a promissory note in the form determined by the city, and a lien against the property to be served to secure payment of the fees and charges. 5. An owner of property which is used for multifamily residential and commercial purposes and which is connected to the city’s sewer or contract sewer system shall not install any additional fixtures on such property without prior approval by the city. Any owner of multifamily residential and/or commercial property seeking to install additional fixtures on such property shall make application to the city for such installation on a form to be provided by the city and shall pay all applicable costs and fees for these additional fixtures, as provided in subsections A.2 and A.3 of the section. 6. Service charges shall commence when a connection is completed. 7. There shall be no refunds of participation fees or other charges paid to the city except as otherwise provided by this title. 8 Ord. No. 2026-10 Exhibit A a. Fees. System participation fees and charges are shown in Section E of Ordinance 82-20, as amended, on file in the office of the city clerk. b. An owner of property which is connected to the city’s water or sewer system shall not replace a city water meter without prior approval by the city. Any owner seeking to replace a city water meter serving the property with a city water meter of a smaller size shall make application to the city for such replacement on a form to be provided by the city. No system participation fee for water or sewer shall be charged to replace the city water meter. A full connection fee shall be charged as provided by resolution of the city council to reimburse the city for the cost of the new city water meter, fittings and installation. c. Owners of property currently connected to the city’s water, sewer, or contract sewer system shall make application to the city on a form to be provided by the city to change from one water or sewer service use to another, to increase the size of a city water meter, or to add a city water meter. The owner shall pay the applicable water or sewer system participation fees provided in subsections A.2 and A.3 of this section, against which fees they shall receive a credit in the amount of water or sewer system participation fees applicable to the current city water or sewer service use or current size of city water meter, as established by resolution or ordinance of the city council. 8. “Micro-units” in micro-unit multifamily development count as no more than one-half of a dwelling unit for purposes of calculating fees for sewer connections. 1 Ord. No. 2026-10 Exhibit B Exhibit B: Updates to Chapter 17.12 Subdivision Standards BIMC 17.12.070.Q. Design Diversity. All single-family residential subdivisions outside the Neighborhood Center, Mixed Use Winslow Town Center, High School Road, and R-8, andR-14 zoning districts shall avoid a uniform appearance and repetitive building types by incorporating measures that promote design diversity, including: 1. The same model and elevation shall not be built next to each other. Different models are defined as having variations in floor plans. 2. Home designs shall be varied to achieve a minimum of one floor plan for each three homes. Mirrored floor plans to not count as different floor plans. Methods to provide variation include building modulation and secondary building forms (e.g., covered porches, dormers, window bays). The number of floor plans per home is as follows: a. 1–3 homes: one plan; b. 4–8 homes: two plans; c. 9–11 homes: three plans; d. 12 or more homes: four plans. 3. In long subdivisions, at least 20 percent of the homes must be at least 25 percent smaller than average home size and 20 percent may be up to 25 percent larger than average home size. If 20 percent of the homes is a fraction, round to the nearest whole number. 2 Ord. No. 2026-10 Exhibit B Table 17.12.060-1: Homesite Clustering Requirements ZONING DISTRICT DIMENSIONAL STANDARD R-0.4 R-1 R-2 R-2.9 R- 3.5 R-4.3 R-5 R-6 R-8 R-14 NC MUTC HS I and II Winslow Town Center HOMESITE CLUSTERING REQUIRMENT Short Subdivisions 2–4 lots with greater than 50% natural area and community space combined n/a [1] 25 ft. maximum homesite separation 2–4 lots with less than 50% natural area and community space combined No maximum homesite separation [1] Site disturbance limited to 35% of site n/a [1] Long Subdivisions 5–9 lots with maximum natural area requirement No maximum homesite separation [1] Site disturbance limited to 35% of site 25 ft. maximum homesite separation 5–9 lots with less than maximum natural area requirement 50 ft. [2] 25 ft.[2] Maximum homesite separation 10+ lots 50 ft. 25 ft. Maximum homesite separation 1. Homesite location needs to meet general requirements (BIMC 17.12.060.B). 2. As an alternative to maximum homesite separation, limit site disturbance to 35 percent of site. 3. Site disturbance includes land disturbing activity as defined in BIMC 15.20.020.22. 3 Ord. No. 2026-10 Exhibit B Table 17.12.070-1 Subdivision Dimensional Standards [Numbers in brackets indicate additional requirements listed at the end of the table.] ZONING DISTRICT DIMENSIONAL STANDARD R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14 NC MUTC HS I and II Winslow Town Center MINIMUM LOT AREA Short and Long Subdivision If the site is not served by a public sewer system, the minimum individual lot area shall be determined by the Kitsap Public Health District in accordance with Section 15 of the Kitsap County Board of Health Ordinance 2008A-01, amended June 7, 2011, Onsite Sewage System and General Sewage Sanitation Regulations, as amended. If the site is served by a public sewer system, there is no minimum lot area. Individual lots may contain portions of natural area, community space, and access easements. Large Lot Subdivision 5 ac or 1/128th of a section, which-ever is smaller. N/A BASE DENSITY The “base density” of a property means the density designated on the zoning map, exclusive of any density bonuses (see BIMC 18.12.050.A). Irregularly shaped lots and lots containing critical areas may not be permitted to achieve maximum density. Additional regulations on density may apply pursuant to Chapter 16.20 BIMC. Short, Long and Large Lot Subdivisions The maximum number of lots permitted shall be calculated by dividing the total lot area of the property (without deducting areas to be dedicated as public rights-of-way or areas to be encumbered by private road easements) by the square footage shown below as the zone-specific base density. Base Density 100,000 sq. ft. 40,000 sq. ft. 20,000 sq. ft. [1] 15,000 sq. ft. 12,500 sq. ft. 10,000 sq. ft. 8,500 sq. ft. 7,260 sq. ft. 5,400 sq. ft. 3,100 sq. ft. 20,000 sq. ft. [2] See FAR table 4 Ord. No. 2026-10 Exhibit B Table 17.12.070-1 Subdivision Dimensional Standards [Numbers in brackets indicate additional requirements listed at the end of the table.] ZONING DISTRICT DIMENSIONAL STANDARD R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14 NC MUTC HS I and II Winslow Town Center Base density pursuant to BIMC 18.12.030.A N/A N/A N/A N/A N/A N/A N/A N/A 3,630 sq. ft. 2,074 sq. ft. N/A N/A NATURAL AREA Minimum percentage of total site 55% 45% 30% 25% 25% 20% 15% N/A 10% 5% 15% 5% Minimum width 50 ft. 25 ft. N/A 5 ft. COMMUNITY SPACE [x] Instead of providing the required 5% community space, that area may be added to the required natural area if it can be demonstrated that greater conservation area can be achieved. [y] Community space not required if maximum natural area is provided. Minimum percentage of total site 5% [x][y] 7.5% [y] 10% [y] 15% 10% 15% 10% HOMESITE Note: Refer to definition of homesite and standards for homesites. [x] Refer to Chapter 16.12 BIMC, special provisions for Point Monroe District – 1,400 sq. ft. maximum development area applies. Maximum size 10,000 to 12,000 sq. ft. 7,500 to 10,000 sq. ft. 6,500 sq. ft. 5,500 sq. ft. 4,500 sq. ft. 3,500 sq. ft. 3,500 sq. ft. N/A [x] 3,000 sq. ft. 2,250 sq. ft. 3,500 sq. ft. 2,250 sq. ft. HOME SIZE Note: Home size includes all floor area, excluding the garage, consistent with definitions in BIMC 18.12.050.F and 18.36.030. Maximum size N/A 1,600 sq. ft. 5 Ord. No. 2026-10 Exhibit B Table 17.12.070-1 Subdivision Dimensional Standards [Numbers in brackets indicate additional requirements listed at the end of the table.] ZONING DISTRICT DIMENSIONAL STANDARD R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14 NC MUTC HS I and II Winslow Town Center MAXIMUM LOT COVERAGE Short and Long Subdivision Same as applied to the entire property that is the subject of the subdivision application, a portion of which shall be assigned to each lot at the time of preliminary plat approval. Large Lot Subdivision 10% 15% 20% 25% 25% 25% 25% N/A 25% 40% N/A N/A MINIMUM SETBACKS Note: Additional setbacks may be required by: (a) Chapter 16.08 or 16.12 BIMC; or b) Chapter 16.20 BIMC, Critical Areas; or (c) BIMC 18.09.030, Use-specific standards. [x] Attached or zero lot line, or zero homesite boundary, is allowed in all districts if building is 1,600 sq. ft. or less. [y] ADUs do not need to meet TOTAL building to homesite boundary setback – only minimum setback; must be located within homesite. Building to homesite boundary Net building size 1,600 sq. ft. or less Minimum/total [x] [y] 5 ft. min., 10 ft. total 3 ft. min., 10 ft. total Building to homesite boundary Net building size 1,601 sq. ft. or more Minimum/total [y] 15 ft. min., 50 ft. total 10 ft. min., 25 ft. total 10 ft. min., 20 ft. total N/A N/A N/A Building outside homesite to exterior plat boundary line 50 ft. 25 ft. 10 ft. 5 ft. 6 Ord. No. 2026-10 Exhibit B Table 17.12.070-1 Subdivision Dimensional Standards [Numbers in brackets indicate additional requirements listed at the end of the table.] ZONING DISTRICT DIMENSIONAL STANDARD R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14 NC MUTC HS I and II Winslow Town Center Net building size 200 sq. ft. or less Building outside homesite to exterior plat boundary line Net building size 201 sq. ft. or more 50 ft. 25 ft. 10 ft. 5 ft. Homesite to exterior plat boundary line 50 ft. 25 ft. 15 ft. 10 ft. 0 ft. Any building to SR 305 right-of-way 75 ft. 75 ft. 75 ft. N/A 25 ft. N/A N/A N/A 25 ft. N/A 25 ft. 25 ft. Homesite to edge of arterial and collector right-of-way 25 ft. 10 ft. Building outside homesite to edge of arterial and collector right-of-way [3] 40 ft. 10 ft. Any building, other than shared garage, to subdivision access road 10 ft. 5 ft. Shoreline jurisdiction See Table 16.12.030-2, Dimensional Standards Table, and BIMC 16.12.030.B.3.i, shoreline structure setbacks. SHARED GARAGE DIMENSIONAL STANDARDS 7 Ord. No. 2026-10 Exhibit B Table 17.12.070-1 Subdivision Dimensional Standards [Numbers in brackets indicate additional requirements listed at the end of the table.] ZONING DISTRICT DIMENSIONAL STANDARD R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14 NC MUTC HS I and II Winslow Town Center Shared garage to subdivision access road 0 ft. Shared garage to shared garage 10 ft. Shared garage maximum size 60 ft. long or 1,440 sq. ft. total MAXIMUM BUILDING HEIGHT Short, Long, and Large Lot Subdivisions Height requirements for standard lots apply pursuant to Table 18.12.020-2. [1] The base density for that parcel in the Lynwood Center special planning area designated as R-2 is one unit per 20,000 sq. ft. but may be increased up to three units per acre; provided, that a public access easement is granted for that portion of the parcel that lies to the south of Point White Drive along the waters of Rich Passage. The base density of some parcels in the Fort Ward historic overlay district may be increased as shown in BIM 18.24.110. [2] In the NC district, single-family dwellings must be in accordance with zoning in the R-2 district except that bonus densities may be obtained pursuant to BIMC 18.12.030.D if applicable (see BIMC 18.09.030.B). [3] Transit shelters allowed in setback subject to city approval. 1 Ord. No. 2026-10 Exhibit C Exhibit C: Updates to Title 18 Zoning Chapter 18.06 Zoning Districts Part I. General Provisions 18.06.005 Intent. This section establishes the zoning districts used in Bainbridge Island, the purpose of each zoning district, and in some cases basic information about the zoning district. 18.06.010 Districts established. To implement the purposes of this title, the city shall be divided into zones that segregate existing land uses and coordinate policies for land uses outlined in the comprehensive plan of the city. The zoning districts, district names and abbreviations shown in the table below are hereby established. District Type Abbreviation District Name Residential R-0.4 Residential 0.4 – One unit per 2.5 acres (100,000 sq. ft.) R-1 Residential 1 – One unit per acre (40,000 sq. ft.) R-2 Residential 2 – Two units per acre (20,000 sq. ft.) R-2.9 Residential 2.9 – Two and nine-tenths units per acre (15,000 sq. ft.) R-3.5 Residential 3.5 – Three and one-half units per acre (12,500 sq. ft.) R-4.3 Residential 4.3 – Four and three-tenths units per acre (10,000 sq. ft.) R-5 Residential 5 – Five units per acre (8,500 sq. ft.) R-6 Residential 6 – Six units per acre (7,260 sq. ft.) R-8 Residential 8 – Eight units per acre (5,400 sq. ft.) R-14 Residential 14 – 14 units per acre (3,100 sq. ft.) Mixed Use Winslow Town Center CC Central Core Overlay MA CON Madison Avenue Overlay Connection EA Ericksen Avenue Overlay Gate Gateway Overlay HSR High School Road Districts I and II Ferry Ferry Terminal Overlay Other NC Neighborhood Center B/I Business/Industrial WD-I Water-Dependent Industrial FWHO Fort Ward Historic Overlay District Part II. Residential Districts 18.06.020 Purpose of individual residential districts. The purpose of the residential districts is to provide for housing at various densities while preserving the unique character of the island, promoting sustainable development, and minimizing negative impacts of new residential development on surrounding areas. 2 Ord. No. 2026-10 Exhibit C A Residential 0.4 (R-0.4). The purpose of the R-0.4 zone is to provide low-density housing in an environment with special Island character consistent with other land uses, such as agriculture and forestry, and the preservation of natural systems and open space. The low density of housing does not require the full range of urban services and facilities. B. Residential 1 (R-1). The purpose of the R-1 zone is to provide residential neighborhoods in an environment with special Island character consistent with other land uses such as agriculture and forestry, and the preservation of natural systems and open space. The low density of housing does not require the full range of urban services and facilities. C. Residential 2 (R-2). The purpose of the R-2 zone is to provide residential neighborhoods in an environment with special Island character consistent with other land uses such as agriculture and forestry, and the preservation of natural systems and open space, at a somewhat higher density than the R-1 district. D. Residential 2.9 (R-2.9). The purpose of the R-2.9 zone is to provide for vital residential neighborhoods in a suburban residential area. E Residential 3.5 (R-3.5). The purpose of the R-3.5 zone is to provide for vital residential neighborhoods having those community improvements and facilities normally associated with suburban development. F. Residential 4.3 (R-4.3). The purpose of the R-4.3 zone is to provide for vital residential neighborhoods having urban density and having those community improvements and facilities normally associated with urban area development. G. Residential 5 (R-5). The purpose of the R-5 zone is to provide for residential uses having community improvements and facilities normally associated with urban area development. Five units per acre are permitted only for properties served by both public water and sanitary sewer. H. Residential 6 (R-6). The purpose of the R-6 zone is to provide for a medium-density residential neighborhood in a unique, nonurban environment. I. Residential 8 (R-8). The purpose of the R-8 zone is to provide for medium-density residential areas in pleasant, uncongested surroundings allowing for the maximum amenities for the occupants. J. Residential 14 (R-14). The purpose of the R-14 zone is to provide areas of high-density residential development located near planned community centers and other areas that are to be served by public utilities in the near future, that can support both public utility systems necessary for the protection of the environment and allow the maximum amenity for a large number of residences. Part III. Mixed Use Districts 18.06.030 Mixed Use Winslow Town Center zone. A. Purpose. The purpose of the Mixed Use Winslow Town Center zones is to implement the Mixed Use Town Center the Winslow Subarea Plan and designated center goals and policies sections of the comprehensive plan. The Mixed Use Winslow Town Center should strengthen the vitality of downtown Winslow as a place for people to live, shop and work, to provide a strong residential component, and to encourage a lively community during both the day and night. The Mixed Use Winslow Town Center zones includes five four mixed use zoning overlay districts, Central Core, Connection, High School and Ferry districts that allow diverse types of housing, shopping, civic facilities, recreation and employment. The mix of land uses promotes a pedestrian atmosphere, enhances the viability of the town center, and allows development in a manner that is harmonious with the scale of the town center. Land uses that require outdoor storage or that have an auto orientation, such as drive-through establishments, are limited or not permitted within the Mixed Use Winslow Town Center. 1. Central Core Overlay District. The central core overlay district is the most intense district within the Mixed Use Town Center. Within this overlay district, residential uses are encouraged, but exclusive office and/or retail uses are permitted. The Central Core District serves as the civic and cultural heart of the Island and is the third most intensely developed district after the High School Road and Ferry districts. It is the home to Winslow Way, our town’s Main Street, with all of its historic and cultural character, large and small parks, public 3 Ord. No. 2026-10 Exhibit C waterfront access, and marinas. Future development should only enhance the features and foster a sense of discovery. Services and activities for both residents and tourists are intermixed. Development is encouraged to provide public enhancements and connections by focusing parking under buildings. Within this district, multifamily and mixed-use development with pedestrian site connectivity and dedicated public rights-of-way that enhance the walkability of Winslow are encouraged, but exclusive office and/or retail uses should also be permitted. New development should engage the street with minimal setbacks wherever possible. 2. Connection District The purpose of the Connection District is to provide for a mix of residential and small-scale commercial development. It serves as a medium intensity bridge between the Central Core and High School Road Districts, with an emphasis on “missing middle” housing types. Micro- neighborhoods scattered throughout should provide an opportunity for “surprise” in contrast to the more expansive spaces common in the Central Core and High School Road districts. It should be as walkable and bikeable as the Central Core, High School Road, and Ferry Districts. Within the Connection District, all retail and office development should include a residential component. Retail development should be permitted only the ground floor. Residential development would only be required for buildings greater than one story in height, however, single-purpose commercial development should not be permitted as the intent is to achieve urban higher density residential use in this area. 2. Ericksen Avenue Overlay District. The purpose of the Ericksen Avenue overlay district is to preserve the unique and historical features of the Ericksen Avenue neighborhood and should provide for a mix of residential and small-scale nonresidential development. Retail development is permitted only on the ground floor, while residential or residential and office development is permitted in the upper floors. Historic (pre- 1920) single-family residential structures on Ericksen may be converted to nonresidential use. However, any additions to the structure must be added to the rear and must be compatible with the character of the original structure. 3. Madison Avenue Overlay District. The purpose of the Madison Avenue overlay district is to provide for a mix of residential and small-scale nonresidential development. Within the Madison Avenue overlay district, all retail and office development shall include a residential component. Retail development is permitted only on the ground floor. Residential development is only required for buildings greater than one story in height. 4. Gateway Overlay District. The purpose of the gateway overlay district is to protect the ravine. The district permits low-intensity, tourist-oriented, commercial, multifamily and agricultural uses that will have limited parking and minimum traffic impact. Impervious surface coverage is limited. If critical areas are identified on a property, additional buffer requirements pursuant to Chapter 16.20 BIMC may be required. 3. 5. Ferry Terminal Overlay District. The purpose of the ferry terminal overlay district is to provide an attractive setting for ferry and associated transportation-oriented uses and serve as the entry-point into Winslow. This district is also intended as a new pedestrian- and transit-oriented, mixed use neighborhood that complements the character and vitality of the core and serves the neighborhood and commuters. The Ferry district is a more an intensely developed district on the Island, serving as a gateway to Bainbridge Island, the Kitsap and Olympic Peninsulas for residents, commuters, and visitors, with prime views of Eagle Harbor, Puget Sound, and Seattle. This district is intended as a pedestrian and transit- oriented hub with multifamily mixed-use buildings that complement the character and vitality of the Core district. New development should replace large areas of surface parking wherever possible. Higher density housing is appropriate for this area because of its proximity to the ferry, transit, and downtown services and retail. 4. High School Road District The High School Road District is designated as a more an intensely developed district on the Island, providing a variety of commercial uses that offer goods and services primarily for the convenience of Island residents. In addition to arterial roads, the district is connected by nonmotorized facilities including the Sound-to-Olympics multimodal trail and improved Madison Avenue bike lanes and sidewalks. 4 Ord. No. 2026-10 Exhibit C 18.06.040 High School Road zone I and II districts. A. Purpose. The purpose of the High School Road I and II zones is to provide commercial uses that complement downtown Winslow and benefit from automobile access near the highway, while creating a pedestrian-friendly retail area. A variety of commercial uses are allowed that offer goods and services for the convenience of Island residents and that may have an auto orientation and a drive-through facility. B. Performance Standards. The performance standards applicable to the MUTC district as listed in BIMC 18.06.030.B shall also apply to the HSR I and II districts 18.06.090 R-8SF overlay. A. Purpose. The purpose of the R-8SF overlay district as designated on the official zoning map is to provide for medium density, single-family residential areas in pleasant, uncongested surroundings allowing for the maximum amenities for the occupants. This district is also intended to serve as a receiving area for the transfer of development rights (TDRs). B. Use Standards. The R-8SF overlay district is not included in the BIMC 18.09.020 use table because the uses in the R-8SF districts are the same as those in the R-8 district, with the exception that multifamily dwellings are not permitted in the R-8SF overlay district. 18.09.020 Permitted use table. Table 18.09.020 identifies the land uses allowed within all zoning districts. No new use or expansion of an existing use may be established except in conformance with the applicable procedures in BIMC Title 2, the following tables, the applicable use-specific regulations referenced in the tables, and any other applicable state or local regulations. Other standards may apply, including, but not limited to, parking, landscaping, and lighting. A variety of different uses may be developed or created on properties, as permitted or conditionally allowed in each zone. A. Additional Restrictions in Shoreline Master Program, Chapter 16.12 BIMC. In addition to Table 18.09.020, properties located within the shoreline jurisdiction are subject to the shoreline master program permitted use table, Chapter 16.12 BIMC. A proposed use of land is only allowed if it is permitted under both use tables. B. Additional Restrictions in Critical Areas Regulations, Chapter 16.20 BIMC. In addition to Table 18.09.020, properties containing critical areas are subject to critical areas regulations in Chapter 16.20 BIMC. A proposed use of land is only allowed if it is permitted under both use tables. C. Additional Restrictions in District Performance Standards, Chapter 18.06 BIMC. In addition to Table 18.09.020, a proposed use of land is subject to district performance standards in Chapter 18.06 BIMC. D. Additional Restrictions in Ferry Terminal District. In addition to Table 18.09.020, a proposed use of land is subject to additional landscaping, parking, and access requirements as footnoted in Table 18.09.020. E. Additional Restrictions in Stormwater Regulations, Chapter 15.20 BIMC. In addition to Table 18.09.020, a proposed use of land is subject to additional stormwater regulations required in Chapter 15.20 BIMC. 5 Ord. No. 2026-10 Exhibit C EXCERPT Table 18.09.020 Use Table “P” = Permitted Use “A” = Accessory Use Additional use restrictions for Chapters 16.12 and 16.20 BIMC may apply to shoreline or critical area properties “C” = Conditional Use “CA” = Conditional Accessory Use Blank = Prohibited Use “T” = Temporary Use ZONING DISTRICT R- 0.4 R- 1 R- 2 R- 2.9 R- 3.5 R- 4.3 R- 5 R- 6 R- 8 R-14 Winslow Mixed Use Town Center NC B/I WD-I Use-Specific Standards BIMC 18.09.030 USE CATEGORY/TYPE CC MA EA Gate Ferry [1] HSR I and II Connection RESIDENTIAL Note: Residential uses may be subject to additional requirements in BIMC 16.12.040.I, Residential Development. Household Living Single-Family Dwelling P P P P P P P P P P P P P P P B-1 Single-Family Dwelling existing on April 15, 1996 P P B-1 Multifamily Dwellings C C C C C C P C P P P P P P P B-2 Commercial/ Residential Mixed Use Developments P P P P P P P B-3 Micro-unit Multifamily P P P P P P B.3 Live/Work Units P B-4 5 Affordable Housing Development on Property Owned or Controlled by a Religious Organization C C C C C C C P C C P C C P C P C P C P C P C 18.21.050 Group Living Foster Home P P P P P P P P P P P P P P P Small Group Living Facility P P P P P P P P P P P P P P P Group Care Facility C C C C C C C C C P P P C P P C Emergency Shelter P P P P P 6 Ord. No. 2026-10 Exhibit C EXCERPT Table 18.09.020 Use Table “P” = Permitted Use “A” = Accessory Use Additional use restrictions for Chapters 16.12 and 16.20 BIMC may apply to shoreline or critical area properties “C” = Conditional Use “CA” = Conditional Accessory Use Blank = Prohibited Use “T” = Temporary Use ZONING DISTRICT R- 0.4 R- 1 R- 2 R- 2.9 R- 3.5 R- 4.3 R- 5 R- 6 R- 8 R-14 Winslow Mixed Use Town Center NC B/I WD-I Use-Specific Standards BIMC 18.09.030 USE CATEGORY/TYPE CC MA EA Gate Ferry [1] HSR I and II Connection Emergency Housing P P P P P Permanent Supportive Housing P P P P P P P P P P P P P P Transitional Housing P P P P P P P P P P P P P P [1] In the ferry terminal district, all development shall include at least 10 percent of landscaped, outdoor gathering space or naturally vegetated open space. Parking may be located under the open space. Development south of Winslow Way shall include pedestrian walkways that connect to Winslow Way East and Olympic Drive Southeast, and/or that align with Cave Avenue and Ferncliff Avenue. 7 Ord. No. 2026-10 Exhibit C Section 18.09.030 Use Specific Standards B. Residential 1. Single-Family Dwellings. a. In the NC district, single-family dwellings must be in accordance with zoning in the R-2 district except that bonus densities may be obtained pursuant to BIMC 18.12.030.BD if applicable. b. In the Mixed Use Winslow Town Center district, existing single-family dwellings are subject to R-4.3 zoning development standards. 2. Multifamily Dwellings. a. In the R-1 and R-2 districts, multifamily dwellings in the Fort Ward historic overlay district are permitted (“P”) uses if they comply with BIMC 18.06.080 and 18.24.110. b. In the R-8SF overlay district, multifamily dwellings are not allowed. b c. In the NC district, multifamily dwellings must be in accordance with zoning in the R-2 district, except that bonus densities may be obtained if applicable under BIMC 18.12.020 and 18.12.030.B D. c d. In the NC district, residential units in mixed used projects must be located above the ground floor if the building is located on a collector or secondary arterial or higher road classification; however, for mixed use projects, if the building fronts on a local or private street, residential units can be located on the ground floor. Density for mixed use projects in the NC district shall be calculated pursuant to BIMC 18.12.030.B. d e. Properties with frontage in the Winslow Way Overlay District (WWOD) along Winslow Way between Madison Avenue and State Route 305, excepting flag lots, must include a retail and/or commercial component, with residential being added above. Solely residential development is not allowed in this area. e. Mulifamily and Micro-unit Multifamily dwelling units can be co-located on properties with other uses that are permitted or conditionally allowed pursuant to Table 18.09.020, to create mixed use properties. Any residential or non-residential use, building or structure shall comply with all applicable standards of the BIMC. 3. Micro-unit Multifamily a. In the R-8, NC and NC/R-12 zones, each “Micro-unit” will be counted as 0.25 dwelling units for the purposes of calculating density. b. RCW 36.70A.535 applies to “Micro-unit Multifamily” development. c. “Micro-unit Multifamily” can be co-located with other uses, as described in section 18.09.030.B.2. 3.Commercial/Residential Mixed Use Development. Principal and accessory uses shall comply with all applicable standards of this title. In the NC district, residential units must be located above the ground floor if the building is located on a collector or secondary arterial or higher road classification; however, for mixed use projects, if the building fronts on a local or private street, residential units can be located on the ground floor. Density for mixed use projects in the NC district shall be calculated pursuant to BIMC 18.12.030.D. 3 4. Live/Work Units. Live/work units are allowed in the B/I zoning district, and are a building use that combines business activities within the same structure as a residential living space. In addition, such units can provide affordable work and housing space, meet the needs of special groups such as artists, and serve to incubate new businesses. 8 Ord. No. 2026-10 Exhibit C a. A live/work unit is limited to 3,000 square feet in gross floor area. The residential portion is limited to 40 percent of the live/work unit’s area, not including any internal stairs. b. The nonresidential use portion must be located on the first floor of the unit or, if parking is on the first floor, the unit’s main floor area. c. Living space shall be physically integrated into the live/work unit and not be rented, leased, sold, or occupied separately. d. Access to outdoor open space shall be provided for the live/work units, such as a balcony or patio. The open space may be exclusive to the unit or shared with adjacent live/work units or businesses. e. The live/work unit shall be occupied and used only by the owner of the business or manufacturing activity, or the owner’s employee, and that person’s household. f. The business may employ up to three persons who do not reside in the live/work unit. Additional parking spaces may be required to be developed, assigned, or designated to accommodate such employees, pursuant to BIMC Table 18.15.020-1. g. On-premises sales of goods shall be limited to those produced within the live/work unit or related to the permitted business activity, and comply with the standards outlined in subsection D of this section. h. A valid business license associated with the business or manufacturing activity must be obtained from the city. i. Other restrictions may apply subject to the requirements of the adopted International Building Code. j. A site plan and design review permit may be required pursuant to BIMC 2.16.040.B prior to any other city approval of business licenses or other required permits. k. The live/work unit and its related business operations shall conform to the performance standards listed in BIMC 18.06.050.B. l. The live/work unit shall meet the requirements of the Kitsap Public Health District. 5. Small Wireless Facilities. Small wireless facilities are prohibited on any property containing a residential use in the residential zones except where allowed under BIMC 18.10A.040.E.13. D. Commercial Sales and Service. 9. Retail Sales. a. In the NC district: i. Retail buildings with a footprint up to 5,000 square feet are a permitted (“P”) use. ii. Retail buildings with a footprint greater than 5,000 square feet but less than 10,000 square feet are a conditional (“C”) use. iii. Businesses shall screen all outdoor storage in accordance with BIMC 18.06.050.B.10, except for outdoor storage for agricultural produce sales or landscaping retail sales. b. In the HSR II district: i. Mixed use Retail buildings are a permitted (“P”) use up to 5,000 square feet of retail. ii. Mixed use Retail buildings with a footprint between 5,000 square feet and 14,400 square feet of retail floor area are permitted through a conditional use permit. iii. Businesses shall screen all outdoor storage. 9 Ord. No. 2026-10 Exhibit C c. In the central core zoning district, retail development exceeding 5,000 square feet per building footprint is allowed only on Winslow Way and Madison Avenue. Drive-through retail businesses are not permitted. d. In the Madison Avenue, Ericksen Avenue, gateway, High School Road I and II, and central core Winslow Town Center zoning districts, drive-through businesses are not permitted. e. In the Mixed Use Winslow Town Center, retail businesses with screened outdoor storage are not allowed. f. In the Madison Avenue and Ericksen Avenue Connection districts, new retail commercial buildings of more than one story must be accompanied with residential development. g. In the B/I district, on-site retail sales to the general public must comply with the following standards: i. Sales are primarily focused on goods or products manufactured or utilized on the premises; ii. Sales to the general public are clearly subordinate to the primary use of the property as permitted in the B/I district; storefront retail businesses are not permitted in the B/I district; iii. Repealed by Ord. 2018-13. iv. There shall be no additional on-site parking allowed beyond what is required for the primary use. I. Accessory Uses 5. Accessory Dwelling Unit. a. An accessory dwelling unit (ADU) may be created within, or detached from, any single-family dwelling, whether existing or new, as a subordinate use, where permitted (“P”) by this chapter. b. In the shoreline jurisdiction, an accessory dwelling unit may be created within, or detached from, any single-family dwelling, whether existing or new, as a subordinate use, where conditional (“C”) pursuant to this chapter. See Chapter 16.12 BIMC for shoreline conditional use process. c. Only one accessory dwelling unit may be created per parcel. d. A variance application is only available for up to a 50 percent setback reduction for one-story accessory dwelling units. e. One off-street parking space shall be provided in addition to off-street parking that is required for the primary dwelling. f. Accessory dwelling units shall contain 1,000 square feet of floor area or less. However, if the accessory dwelling unit will be located within a building existing as of the approval date of Ordinance No. 2015-16 (for example, in a basement), the city may allow an increased size in order to efficiently use all floor area. 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. If an accessory dwelling unit is constructed in conjunction with a garage, the square footage of the garage shall not count towards the 1,000-square-foot limitation. h. An accessory dwelling unit not attached to the single-family dwelling may not contain any accessory use other than a garage. i. No recreational vehicle shall be an accessory dwelling unit. j. When stairs utilized for the ADU are enclosed within the exterior vertical walls of the building, they shall not count towards the floor area of the ADU. k. The ADU should share a single driveway with the primary dwelling. 10 Ord. No. 2026-10 Exhibit C l. School impact fees and qualified exemptions from those fees as provided in Chapter 15.28 BIMC shall apply. m. All other applicable standards including, but not limited to, lot coverage, setbacks, parking requirements, and health district or city requirements for water, sewer, and/or septic must be met. n. In the Mixed Use Town Center, new accessory dwelling units are only permitted as part of a housing design demonstration project single-family subdivision approved pursuant to BIMC 2.16.020.S. 11 Ord. No. 2026-10 Exhibit C BIMC 18.12.020 Tables of dimensional standards. Tables 18.12.020-2 and 18.12.020-3 set forth applicable dimensional standards. Where a property is located in more than one zone district, units permitted by density calculations within each zone district must be constructed on the portion of the property located within that zone district and required setbacks for each zone district must be met. Permitted densities are not “blended” across the zone district line. Table 18.12.020-2 Standard Lot Dimensional Standards for Residential Zone Districts [Numbers in brackets indicate additional requirements listed at the end of the table] ZONING DISTRICT R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14 DIMENSIONAL STANDARD MINIMUM LOT AREA Note: Additional regulations on lot dimensions may apply pursuant to: (a) BIMC 17.12.030.A, flexible lot subdivision open space development option, or (b) BIMC 17.12.030.B, flexible lot subdivision cluster development option. Standard Lots 100,000 sq. ft. 40,000 sq. ft. 20,000 sq. ft. 15,000 sq. ft. 12,500 sq. ft. 10,000 sq. ft. 8,500 sq. ft. 7,260 sq. ft. 5,400 sq. ft. 3,100 sq. ft. MAXIMUM DENSITY (Minimum lot area per dwelling unit) Note: Additional regulations on density may apply pursuant to: (a) BIMC 16.20.160.F.5.a, Additional Development Standards for Regulated Uses, Land Divisions and Land Use Permits, Density Calculation. (b) See BIMC Chapter 18.21 for affordable housing density bonus Standard Lots Base Density 100,000 sq. ft. 40,000 sq. ft. 20,000 sq. ft. [1] 15,000 sq. ft. [2] 12,500 sq. ft. [2] 10,000 sq. ft. [2] 8,500 sq. ft. 7,260 sq. ft. 5,400 sq. ft. 3,100 sq. ft. 12 Ord. No. 2026-10 Exhibit C Table 18.12.020-2 Standard Lot Dimensional Standards for Residential Zone Districts [Numbers in brackets indicate additional requirements listed at the end of the table] ZONING DISTRICT R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14 DIMENSIONAL STANDARD Bonus Density pursuant to BIMC 18.12.030.A N/A N/A N/A N/A N/A N/A N/A N/A 3,630 sq. ft. 2,074 sq. ft. MINIMUM LOT DIMENSIONS Note: Additional regulations on lot dimensions may apply pursuant to: (a) BIMC 17.12.030.A, flexible lot subdivision open space development option, or (b) BIMC 17.12.030.B, flexible lot subdivision cluster development option. Standard Lots Depth 110 ft. 80 ft. 80 ft. N/A N/A N/A N/A 60 ft. 60 ft. 60 ft. Width 110 ft. 80 ft. 80 ft. [70 ft. for lots that abut the shoreline] N/A N/A N/A N/A 60 ft. 60 ft. 60 ft. MAXIMUM LOT COVERAGE Standard Lots Base 10% 15% 20% 25% 25% 25% 25% N/A 25% 40% Bonus N/A N/A N/A N/A N/A N/A N/A N/A 40% Pursuant to BIMC18.12.030.A 50% Pursuant to BIMC 18.12.030.B MINIMUM SETBACKS Note: Landscaped areas may serve as setbacks (i.e., setbacks are not in addition to landscaped areas), and some encroachments into setback areas are permitted pursuant to BIMC 18.12.040. Note: Additional setbacks may be required by: 13 Ord. No. 2026-10 Exhibit C Table 18.12.020-2 Standard Lot Dimensional Standards for Residential Zone Districts [Numbers in brackets indicate additional requirements listed at the end of the table] ZONING DISTRICT R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14 DIMENSIONAL STANDARD (a) Chapter 16.08 or 16.12 BIMC, or (b) Chapter 16.20 BIMC, Critical Areas, or (c) BIMC 16.28.040, mining regulations, or (d) BIMC 18.09.030, Use Specific Standards, or (e) BIMC 16.12.030.B.3.i, Regulations – Shoreline Structure Setback View Requirement, or (f) BIMC 18.15.010, Landscaping and Screening. Standard Lots Front/Street 2 stories or less 25 ft. 25 ft. 5 ft. from edge of paved portion of Point Monroe Dr. 25 ft. More than 2 stories Add 4 feet for each story over 2 stories [3] Same as for R-0.4 through R-5 Side (not adjacent to street) 2 stories or less 15 ft. each side 10 ft. min., 25 ft. total 5 ft. min., 15 ft. total 5 ft. min., 15 ft. total 5 ft. min., 10 ft. total 5 ft. min., 15 ft. total 14 Ord. No. 2026-10 Exhibit C Table 18.12.020-2 Standard Lot Dimensional Standards for Residential Zone Districts [Numbers in brackets indicate additional requirements listed at the end of the table] ZONING DISTRICT R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14 DIMENSIONAL STANDARD More than 2 stories Add 5 ft. on each side, and 10 ft. to the total setback required, for each story over 2. If there is only one side yard, it is increased by 5 ft. for each story over 2 [3] Same as for R-0.4 through R-5 Rear (not adjacent to street) 2 stories or less 25 ft. 15 ft. 15 ft. 15 ft. 15 ft. More than 2 stories Add 4 feet for each story over 2 [3] Same as for R-0.4 through R-5 Shoreline Jurisdiction See Table 16.12.030-2, Dimensional Standards Table, and BIMC 16.12.030.B.3.i, Regulations – Shoreline Structure Setback View Requirement. MAXIMUM BUILDING AND STRUCTURE HEIGHT [4] Note: Bonus may not be available in the shoreline jurisdiction All lots Base 30 ft. 30 ft. 25 ft. 30 ft. 35 Bonus for Nonresidential Uses If Conditional Use Permit Conditions Met 35 ft. 35 ft. 30 ft. 35 ft. 40 ft. 40 ft. See BIMC 18.12.030.B Distribution Utility Poles 55 ft. in height above grade. Alternative height limits may apply if additional conditional use permit provisions of BIMC 2.16.050.F are met. See BIMC 18.09.030.F.2 for use standards. Transmission Utility Poles Up to a 25 percent increase above existing pole height above grade with a maximum height of 100 ft. Alternative height limits may apply if additional conditional use permit provisions of BIMC 2.16.050.F are met. See BIMC 18.09.030.F.2 for use standards. 15 Ord. No. 2026-10 Exhibit C Table 18.12.020-2 Standard Lot Dimensional Standards for Residential Zone Districts [Numbers in brackets indicate additional requirements listed at the end of the table] ZONING DISTRICT R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14 DIMENSIONAL STANDARD Exemption Alternative height limits may apply for nonresidential uses if additional conditional use permit provisions of BIMC Title 2 are met. Some encroachments through height limits are permitted under BIMC 18.12.040. Shoreline Jurisdiction See Table 16.12.030-2, Dimensional Standards Table, and BIMC 16.12.030.B.3.i, Regulations – Shoreline Structure Setback View Requirement. [1] The base density for that parcel in the Lynwood Center special planning area designated as R-2 is one unit per 20,000 sq. ft., but may be increased up to 3 units per acre; provided, that a public access easement is granted for that portion of the parcel that lies to the south of Point White Drive along the waters of Rich Passage. The base density of some parcels in the Fort Ward historic overlay district may be increased as shown in BIMC 18.24.110. [2] Pursuant to Chapters 18.18 and 18.27 BIMC the minimum lot area for a dwelling unit shall be 5,400 square feet for that area designated on the official land use map as the urban single-family overlay district (R-8SF). All other requirements of this chapter shall apply. [2 3] Additional setbacks for taller buildings must be from the ground upward – i.e., this is not a “step-back” requirement for upper floors. [3 4] For community and educational facilities (as listed in Table 18.09.020), spires, towers and other vertical features with horizontal cross-sections no more than five percent of the footprint of the primary structure may have a maximum height of 10 feet above the maximum base height, and shall be reviewed through a conditional use permit. 16 Ord. No. 2026-10 Exhibit C Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts ZONING DISTRICT Winslow Mixed Use Town Center NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] HSR I and II Connection MAXIMUM FAR (Floor Area Ratio) [1] See also BIMC 18.12.030.C. Basic Maximum Commercial and Other Nonresidential Uses: 0.6 0.4 0.3 0.15 0.1 0.3 No max.; limited by other standards 0.3 Residential 0.4 1.0 0.4 0.3 0.5 0.4 1.0 0.3 1.0 R-2 standards apply No FAR limit; limited by other standards: 0.5 Mixed Use [2] 1.0 0.5 0.5 0.5 0.5 1.0 0.3 1.0 No max.; limited by other standards 0.5 Maximum with Bonus Bonus densities require compliance with BIMC 18.12.030.B, C E and 18.21.050 as applicable. Residential 1.0 3.0 0.6 0.6 1.0 1.1 4.0 or 3.0 pursuant to 18.12.030.C.3 0.6 4.0 or 3.0 pursuant to 18.12.030.C.3 Bonus densities require compliance with BIMC 18.12.030. B D N/A N/A 1.5 Affordable Housing Development on Property Owned or Controlled by a Religious Organization [7 4] 1.1 3.0 0.8 0.75 1.25 1.2 4.0 0.75 4.0 Bonus densities require compliance with BIMC 18.21.050 and 18.12.030.B D N/A N/A 1.5 Mixed Use [2] 1.5 3.0 1.0 0.9 1.0 1.2 (1.4 pursuant to note [3]) 4.0 or 3.0 pursuant to 18.12.030.C.3 0.9 4.0 or 3.0 pursuant to 18.12.030.C.3 Bonus densities require compliance with BIMC 18.12.030.B N/A N/A 1.5 17 Ord. No. 2026-10 Exhibit C ZONING DISTRICT Winslow Mixed Use Town Center NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] HSR I and II Connection MINIMUM LOT DIMENSIONS Area N/A N/A N/A N/A N/A 20,000 sq. ft. 20,000 sq.ft. Depth N/A N/A N/A N/A 80 N/A N/A Width N/A N/A N/A N/A 80 N/A N/A MAXIMUM LOT COVERAGE 100%, excluding setbacks 35% 35% 2,500 sq. ft. max. building footprint south of Wyatt, excluding parking structures located below predevelopm ent and finished grade 35% 75% 100% 50% 75% or 85% pursuant to 18.12.030.C.3 35% 35% 50% 50% 60% SETBACKS (Minimum required unless otherwise noted) [4] [2] Note: Landscaped areas may serve as setbacks and, in some cases, may exceed the setback requirements. Note: Additional setbacks may be required by: (a) Chapter 16.12 BIMC, Shoreline Master Program; or (b) Chapter 16.20 BIMC, Critical Areas; or 18 Ord. No. 2026-10 Exhibit C ZONING DISTRICT Winslow Mixed Use Town Center NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] HSR I and II Connection (c) BIMC 16.28.040, mining regulations; or (d) BIMC 18.09.030, Use Specific Standards; or (e) BIMC 16.12.030.B.3.i, Regulations – Shoreline Structure Setback View Requirement. Front Commerci al: 5 ft. max. from sidewalk; Residential : 10 ft. min. and 20 ft. max. from Madison Ave. sidewalk 10 ft. min., 20 ft. max. 15 ft. min., 20 ft. max. 5 ft. max. from sidewalk 5 ft. max. from sidewalk except as modified by transition standards in BIMC 18.12.030.C 10 ft. max. from sidewalk 0 ft. min., 20 ft. max from any street, planned right-of-way or road easement, unless otherwise provided under special planning area provisions 50 ft. min. along any public right-of- way 40 ft. min. from property in residential districts; 10 ft. min. for all other 5 ft min., 20 ft. max. Winslow Way Overlay District (WWOD) see Winslow Subarea Zoning Map • Buildings along the WWOD in the must be setback 2-5 ft from the right-of-way. Where able, this setback area is encouraged to be covered by awnings or utilized by business owners to display merchandise or café tables. • Above 2-stories, the upper stories of the building must be “step- backed” between 5-15 feet. The step-back area can be used as outdoor space by tenants. Side 0 ft.; 5 ft. min. when property abuts the Madison Avenue or Ericksen Avenue 0 ft.; 5 ft. min. when property abuts the central core overlay district 5 ft. min. 0 ft. 0 ft. 0 ft. 0 ft. when property abuts another NC zone; 15 ft. when property abuts a residential zone 10 ft.; 50 ft. when abutting a residentially zoned property. The city may increase this to a maximum 40 ft. min. from property in residential districts; 10 ft. min. for all other 19 Ord. No. 2026-10 Exhibit C ZONING DISTRICT Winslow Mixed Use Town Center NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] HSR I and II Connection overlay districts 0 ft. of 100 ft. depending on the type, scale, and intensity of the proposed use, subject to site plan review. Rear 0 ft.; 5 ft. min. when property abuts the Madison Avenue or Ericksen Avenue overlay districts 0 ft.; 5 ft. min. when property abuts the Central Core or Ericksen Avenue overlay districts 0 ft.; 5 ft. min. when property abuts the central core or Madison Avenue overlay districts 0 ft. 0 ft. 0 ft. 0 ft. when property abuts another NC zone; 15 ft. when property abuts a residential zone 15 ft. min.; 50 ft. min. when abutting a residential district. City may increase to a maximum of 100 ft. based on type, scale, and intensity of proposed use, subject to site plan review. 40 ft. min. from property in residential districts; 10 ft. min. for all other 0 ft. Shoreline Jurisdiction See Table 16.12.030-2, Dimensional Standards Table, and BIMC 16.12.030.B.3.i, Regulations – Shoreline Structure Setback View Requirement MAXIMUM BUILDING AND STRUCTURE HEIGHT [5] Note: Bonus may not be available in the shoreline jurisdiction 20 Ord. No. 2026-10 Exhibit C ZONING DISTRICT Winslow Mixed Use Town Center NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] HSR I and II Connection Base 35 ft.; 25 ft. max. south of Parfitt 25 ft.; 35 ft. north of High School Road 25 ft. 35 ft. BIMC 18.12.030.C standard height north of Winslow Way; 35 ft. south of Winslow Way 35 ft. 35 ft. 35 ft. 35 ft. except that Chapter 16.12 BIMC applies within shoreline jurisdiction 25 ft Bonus 1 if parking under building [6 3] OR meeting any affordable housing provisions of BIMC 18.12.030.C 45 ft.; 35 ft. south of Parfitt 35 ft.; 45 ft. north of High School Road 35 ft. 45 ft. BIMC 18.12.030.C optional height north of Winslow Way; 45 ft. south of Winslow Way 45 ft. N/A N/A N/A 35 ft Bonus 2 if parking under building [6 3] AND meeting affordable housing provisions of BIMC 18.12.030.C 55 ft 45 ft 55 ft 55 ft Bonus 2 3 for Nonresidential Uses with Major Conditional Use Permit 45 ft. 45 ft. 45 ft. Distribution Utility Poles 55 ft. in height above grade. Alternative height limits may apply if additional conditional use permit provisions of BIMC 2.16.050.F are met. See BIMC 18.09.030.F.2 for use standards. Up to a 25 percent increase above existing pole height above grade with a maximum height of 100 ft. Alternative height limits may apply if additional conditional use permit provisions of BIMC 2.16.050.F are met. See BIMC 18.09.030.F.2 for use standards. Transmission Utility Poles Bonus 3 Structure Height Alternative height limits may apply if the conditional use permit provisions of BIMC Title 2 are met. Some encroachments through height limits are permitted under BIMC 18.12.040. 21 Ord. No. 2026-10 Exhibit C [1] If the existing FAR for a developed property as of May 21, 1998, is higher than the base FAR for that district, then the existing FAR will be considered the base FAR for that developed property. Total FAR may not be exceeded. [2] In mixed use development, the established FAR in the residential and commercial components shall not be exceeded. For the residential FAR bonus provisions for qualifying housing design demonstration project, refer to the bonus density provisions in BIMC 2.16.020.S.8. [3] In mixed use development in the ferry terminal district, an additional 0.2 FAR is permitted in accordance with BIMC 18.12.030.E.2. The additional FAR may be applied to either the residential or commercial component of the mixed use development. [4 2] When property adjoins a single-family residential zone, building setback shall be in accordance with the landscape ordinance perimeter landscaping requirements. [5] When property adjoins a lower density residential zone, except in the ferry terminal district, north of Winslow Way, for the first 30 feet of the building from the property line of an adjoining lower density residential zone, the building height shall be the building height of the adjoining lower density residential zone. Optional building height allowed in the adjoining lower density residential district through a conditional use permit may be requested for projects within the mixed use town center and high school road zones through the site plan review process. For building height requirements in the ferry terminal district, north of Winslow Way, reference BIMC 18.12.030.C. [6 3] The bonus height is available when parking is located underground or under the occupiable space of the planned building. If parking is located under less than 50 percent or less of the occupiable space, the bonus may only be used for a portion of the building footprint twice as large as the area with parking located beneath. [7 4] The bonus density is available when provisions of BIMC 18.21.050 are met and all bonus FAR is applied to the residential component of the mixed use development. 22 Ord. No. 2026-10 Exhibit C BIMC Section 18.12.030 Additional dimensional provisions A. Density and Lot Coverage Bonus for R-8 and R-14 Zone Districts. 1. An increase in density when providing affordable housing in the R-8 and R-14 zone districts may be granted pursuant to the requirements in Chapter 18.21 BIMC. 2. A density bonus not to exceed 50 percent may be granted to lands in the R-8 and R-14 zone districts if the applicant provides permanent, public open space, provided the following criteria are met: a. The open space shall abut a public or private street and have adequate public access. b. If the subject property being developed is a corner site, placement of the open space at the corner is preferred. c. Signage shall be posted to notify that the open space is public and access is permitted. d. The amount of the density bonus shall be twice the percentage of the total lot area that is designated as open space. For example, if 25 percent of the total lot area is designated as open space, a 50 percent density bonus may be achieved. e. The minimum area designated as public open space must be the larger of (i) 10 percent of the total lot area or (ii) one-quarter acre. f. If the open space is not contiguous, then each open space area must be at least one-quarter acre. g. A 15-foot building setback shall be provided along the perimeters of the open space. h. Trees retained within the designated open space may fulfill the significant tree/canopy retention requirements of BIMC 18.15.010. i. The public open space density bonus may be combined with other density bonuses applicable to this zone; provided, that the total combined density bonus, in total, does not exceed whichever density bonus is higher 50 percent of the base density. j. The open space shall be established as permanent, public open space through one of the following means through either public or private ownership. For purposes of this provision, public ownership means that the city or other public agency chooses to accept ownership of open space and that upon approval and acceptance by the director, open space shall be dedicated to the public. Private ownership means that the open space is held in private ownership if established by easements, restrictive covenants, or other similar legal means in which (i) public access and maintenance of the open space are adequately provided for by written agreement, and such agreements or covenants are recorded with the county auditor; and (ii) in the event that the open space is not maintained consistent with the agreement, the city shall have the right to provide the maintenance of the open space and bill the owner for the cost of maintenance. k. Lands that are located in the critical areas overlay district, as identified in the comprehensive plan, are not eligible for the density bonus provided in this section. k l. In the R-8 zone district, no portion of any building within 20 feet of a front yard setback located across the street from a single-family residential zone shall exceed a height of 25 feet. l m. In the R-8 zone district, building design shall incorporate features such as pitched or terraced roof forms, upper level stepbacks, wall recesses and/or other architectural treatment to minimize building bulk and scale as perceived from adjoining streets and neighborhoods. 23 Ord. No. 2026-10 Exhibit C n. In the R-14 zone district, open space that is selected under the provisions of subsection B.7 of this section or required as mitigation for development impacts may not be included in the open space calculations related to the density bonus provided in this section. 3. When the density bonus provisions in subsection A.2 of this section are used, the maximum lot coverage in the R-8 and R-14 zone districts may be increased as follows: a. In the R-8 zone district, the lot coverage may be increased to 40 percent; b. In the R-14 zone district, the lot coverage may be increased 50 percent. 4. For micro-unit multifamily in the R-8 zone, each “Micro-unit” will be counted as 0.25 dwelling units for the purposes of calculating density. B. Additional Height in R-14 District. In the R-14 zone district, an applicant who requests additional lot coverage pursuant to subsection A.3 of this section shall not be allowed to also increase maximum allowable building height unless the applicant demonstrates that: 1. The applicable design guidelines are met; and 2. The criteria for conditional use permit approval of additional height in the R-14 district, as set forth in BIMC Title 2, are met; and 3. The increased height facilitates underground or enclosed under-building parking to the extent feasible; and 4. The building massing contains significant modulations; and 5. Thirty percent of the property must be retained as pervious surface area. Pervious surface areas can include landscaping, unpaved stormwater management facilities, underground or overhead utility lines, perimeter fences, and pervious trails. Setback areas and significant tree retention areas can count towards the required pervious surface area. Pervious surface area shall exclude areas covered by (a) structures, including decks, fountains, artwork, utility cabinets, lighting fixtures, trash enclosures, and signs; and (b) areas covered by paving and/or gravel, including sidewalks, impervious paths, patios, parking areas, and driveways; and 6. Mechanical equipment shall be enclosed or screened, and such enclosures or screening shall be architecturally integrated into the building design or landscape plan; and 7. The project provides one or more public amenities that would not otherwise be provided, such as greater significant tree retention or provision of more open space than is otherwise required, publicly accessible play areas, trails, or benches, or other amenities proposed by the applicant and approved by the city. C. Transition Standards in the Ferry Terminal Overlay District. In order to protect adjacent neighborhoods, a 100-foot-wide transition area is established in the ferry terminal overlay zone, north of Winslow Way, as follows: along the west side of Ferncliff Avenue, starting approximately 100 feet north of Winslow Way; along the north boundary of the district, east of Cave Avenue; and along both sides of Cave Avenue, starting approximately 300 feet north of Winslow Way. The landscaping requirements and height restrictions illustrated below shall apply to this transition area. Portions of the ferry terminal overlay district that are not in the transition area designated by this section shall comply with all other applicable ferry terminal overlay district requirements. 24 Ord. No. 2026-10 Exhibit C B D. Bonus Density in NC District. Bonus density shall be available in the NC district as follows: 1. Three units per acre with the provision of transfer of development rights (TDRs), in accordance with Chapter 18.27 BIMC; or 2. Three units per acre with the provision of affordable housing for the bonus units, in accordance with the additional provisions of Chapter 18.21 BIMC; or 3. Three units per acre if the development is commercial/residential mixed use and public sewer and public water are not provided, or five units per acre if the mixed use development is on public water and sewer. The residential units must be located above the ground floor if the building is located on a collector or secondary arterial or higher road classification; however, for mixed use projects, if the building fronts on a local or private street, residential units can be located on the ground floor. a. In instances where a project contains both mixed use and residential-only buildings, the bonus density shall only be calculated based on the mixed use buildings. The residential-only buildings shall not be used to calculate the bonus density; or 4. Five units per acre with the provisions of TDRs and public sewer and water; or 5. Five units per acre with public water and sewer and the provision of affordable housing for the bonus units in accordance with the additional provisions of Chapter 18.21 BIMC; or 6. Up to 12 units per acre for those specific parcels NC/R-12 located in Lynwood Center and so designated on the land use map as NC/R-12 for the Lynwood Center special planning area; provided, that all requirements of this title applicable to the NC are met, and that: a. The development is commercial/residential mixed use with the residential units located above the ground floor if the building is located on a collector or secondary arterial or higher road classification; however, for mixed use projects, if the building fronts on a local or private street, residential units can be located on the ground floor; and b. Public sewer and water are provided; and c. The requirements of Chapters 18.18 and18.21 BIMC are met; and d. A community center is constructed that is of similar style and quality to the entire development, is no less than 2,000 square feet, provides kitchen facilities, public rest rooms and outside access. The community center is to be used primarily for community functions. 7. For micro-unit multifamily in the NC and NC/R-12 zones, each “Micro-unit” will be counted as 0.25 dwelling units for the purposes of calculating density. 8. Pursuant to RCW 35.21.990, for existing buildings is in the NC or NC/R-12 zoning districts, there is a 50% residential density bonus, based on the underlying R-2 density, allowed for constructing such units wholly within an existing building, except ground floor commercial or retail that is along a collector or secondary arterial. New parking spaces for the added dwelling units are not required. All other applicable standards would apply. C E. Bonus Density to Incentivize Affordable Housing in Winslow Town Center Mixed Use and High School Road Districts. Eligible properties may achieve additional development maximum level of development above the base FAR and additional building height, as provided for in Table 18.12.020-3, by using one, or a combination of, the following FAR bonus provisions, in accordance with the additional provisions of Chapter 18.21 BIMC, and any other applicable standards or requirements. The FAR bonus provisions may be combined to achieve the maximum level of development established for each district. In no case shall the total commercial, residential or mixed use FAR exceed the maximum FAR as provided for in Table 18.12.020- 3. 25 Ord. No. 2026-10 Exhibit C 1. Optional Affordable Housing Bonus Density/ Voluntary Inclusionary Zoning. a. Development projects may build 1 extra story of building height by providing the amount of designated affordable housing units outlined below in Table 18.12.030-1, as an alternative to providing underbuilding parking, as provided for in Table 18.12.020-3. b. Development projects are eligible to utilize the maximum bonus FAR and 2 additional stories of building height, provided in Table 18.12.020-3, by providing underbuilding parking and providing the amount of designated affordable housing units outlined below in Table 18.12.030-1. Projects that utilize this maximum bonus FAR must provide at least two different unit sizes, with 25% of units 900 square feet or less in size. No more than half of the designated affordable units can be this lower unit size. Table 18.12.030-1 Zone Amount of Affordable Housing Units Required Required Affordable Housing Income Level (BIMC Section 18.21.020) Central Core 25% Households at or below low income (i.e. 80% AMI or below) Connection 20% Ferry 25% High School Road 25% 2. Development Projects Providing 100% Low-Income Affordable Housing. a. Development projects may have available the maximum bonus FAR and the maximum building height, without providing underbuilding parking as provided for in Table 18.12.020-3, by providing half of the dwelling units for households at or below low income (i.e. 51-80% AMI) and half of the dwelling units for households at or below very low income (i.e. 50% AMI). The development can also provide more than half of the units for very low income households. Parking requirements outlined in BIMC 18.15.020 may be reduced as approved by the Director. 3. Mandatory Inclusionary Zoning in the Ferry and High School Road Zones. a. Applicability. Development projects proposing 10 or more dwelling units are required to provide the amount and type of designated affordable housing units outlined below in Table 18.12.030-2. A bonus FAR of 3.0 and one story of bonus building height is available for such projects, as provided for in Table 18.12.020-3. A second story of bonus building height is available by providing underbuilding parking, as provided for in Table 18.12.020-3. In the High School Road zone, the lot coverage maximum is increased to 85% for such projects. Table 18.12.030-2 Amount of Affordable Housing Units Required Required Affordable Housing Household Income Level (see BIMC Section 18.21.020) 10% Households at or below low income (80% AMI or below) 10% Households at or below 110% AMI a. FAR Bonus. Up to 100 percent of the maximum residential FAR bonus may come from providing affordable housing as defined in Chapter 18.36 BIMC; provided, that the difference between the base residential FAR and the maximum residential FAR shall be dedicated to affordable housing. A portion of the total floor area that is of common use and benefit to the entire residential development (for example, interior halls, stairwells, laundry rooms, exercise rooms) may be included in the calculation of the affordable housing component. This portion shall be the same percentage as the affordable housing 26 Ord. No. 2026-10 Exhibit C provided. For example, if 20 percent of the living unit floor area is for affordable housing, then 20 percent of the common floor area may be included in the total affordable housing calculation. Development of the optional affordable housing shall be in accordance with Chapter 18.21 BIMC and Table 18.12.030. Table 18.12.030: Optional Affordable Housing Bonus Summary Table Size of Development Residential development less than 10,000 sq. ft. Residential development of 10,000 sq. ft. but less than 60,000 sq. ft. Residential development more than 60,000 sq. ft. Affordable Housing FAR Bonus Must provide 100 percent of bonus square footage for extremely low, very low, or moderate income groups. Must comply with following ratios: Must comply with following ratios: (a) 100 percent of bonus for all moderate; OR 0.1 of bonus for extremely low, very low or low income groups; (b) 0.2 of bonus for extremely low, very low, or low income groups; 0.6 of bonus for moderate income group; and 0.5 of bonus for moderate income group; and 0.3 of bonus for middle income group. 0.3 of bonus for middle income group. 3. b.Preservation of the Islander Mobile Home Park. Preservation of the Islander Mobile Home Park as an existing park site for manufactured homes shall be maintained encouraged through the following provisions. i. Unused FAR from the parcel on which the mobile home park is located may be has been transferred to another parcel or parcels within the Mixed Use Winslow Town Center. For example, the base FAR for the mobile home park would be calculated, less the FAR of the mobile homes. In exchange for permanently preserving the mobile home park, the owner of the property may transfer the unused FAR to another parcel or parcels in the Mixed Use Town Center, where it may be used as bonus residential FAR above the base FAR for that district. ii. Permanent preservation of the mobile home park may be used as an affordable housing bonus on another parcel or parcels within the Mixed Use Winslow Town Center. For example, in exchange for preserving the mobile home park, the owner of the property would be deemed to have met the affordable housing bonus provisions of subsection A.1 of this section, and could achieve the maximum FAR bonus for residential development on another parcel or parcels in the Mixed Use Winslow Town Center. The owner of the mobile home park may either apply the FAR bonus to another parcel(s) he or she owns, or transfer or sell the bonus to another property owner in the Mixed Use Town Center. 2. Ferry-Related Parking. In the ferry terminal district, an additional 0.2 FAR may be achieved by relocating existing legal surface ferry commuter parking on site (as shown on Figure 6.2 of the Winslow master plan) to under-building or below-grade parking. The percentage of the additional FAR that is achieved shall be dependent upon the percentage of parking that is relocated. For example, if 50 percent of existing surface ferry commuter parking on site is relocated under-building or below grade, then 50 percent of the total additional FAR (or 0.1 FAR) may be achieved. 27 Ord. No. 2026-10 Exhibit C 18.15.020 Parking and Loading All development shall comply with the following regulations addressing parking and loading unless other applicable regulations require additional or different treatment of parking and loading, in which case the more specific standard or criteria shall apply. The following sections of the BIMC may impose additional development standards, and in the case of conflict between any two or more development standards or criteria, the more specific shall apply: BIMC 16.12.030.C.3, Shoreline Master Program, Parking. Chapter 16.20 BIMC, Critical Areas. BIMC 18.15.010, Landscaping and screening. A. Purpose. The purpose of this section is to provide for safe, efficient and well-designed access and parking while minimizing the environmental and visual impact of motor vehicle facilities. B. General Requirements. 1. Driveways, parking, and walkways shall accommodate pedestrians, motor vehicles and bicycles used by occupants or visitors of a structure or use. Location is subject to review of the planning and engineering departments. 2. No building permit shall be issued until the applicant has submitted satisfactory plans demonstrating that required parking facilities will be provided and maintained. 3. Unless authorized by a conditional use permit or this title, the use of property in a residential zone for commercial parking is prohibited. 4. All driveways and other parking areas, except those serving single-family residences, shall be surfaced with permanent materials acceptable to the public works department, and shall be designed to manage stormwater runoff in accordance with Chapter 15.20 BIMC. Existing designated parking areas with nonconforming gravel surfacing can continue to be used, without modification, to provide up to six required parking spaces. 5. Residential parcels are encouraged to have two-track driveways (also known as Hollywood or wheel strip driveways). 6. Unless approved by the director, only a single access to public right-of-way is allowed for an individual lot. More than one access may be allowed by the director if the director determines, based on drawings or other information submitted by the applicant, that (a) the proposed site access includes measures that mitigate any identified negative impacts or effects that would result from the additional access point(s); and (b) the additional access point(s) will improve on-site or off-site traffic flow or is necessary for, or will help facilitate, compliance with other requirements of this chapter. 7. Joint use of required access ways with adjacent properties is encouraged. The director may approve joint access if the applicant demonstrates to the satisfaction of the director that the joint access (a) will promote the orderly development of the surrounding area; or (b) will help reduce or avoid cumulative adverse impacts that would result from each property accessing the right-of-way separately; and (c) will not create a safety hazard. 8. With the exception of residential single-family and duplex buildings on individual lots, access and parking spaces shall be designed so that no backing movement by a vehicle, except emergency and service and delivery vehicles, shall be allowed onto a public right-of-way; provided, that the director may waive this requirement where no reasonable design alternative exists. 9. No parking space may block access to other parking spaces unless tandem parking has been approved for a residential building single residence or individual dwelling units of a multifamily structure. 10. On-street parking created or designated in conjunction with and adjacent to a project may be included in the parking space calculation upon approval of the director. 28 Ord. No. 2026-10 Exhibit C 11. When new or expanded development is required to provide parking for more than 10 cars, the development shall integrate electric vehicle charging infrastructure as required in subsection C.3 of this section. For the purposes of this subsection, “expansion” means that a development is expanded by more than five percent of its existing floor area, or by more than five percent of its overall size in cases where floor area is not applicable, and the requirements of subsection C.3 of this section apply to only those spaces associated with the expansion. 12. When a new development is required to provide parking for more than 25 cars, at least one parking space near the entrance must be reserved and signed for use by a shared-car program. All parking spaces reserved and signed for use by a shared-car program must also be EV-capable. 13. The provisions of subsections C.11 and 12 of this section are intended to amend and supersede the state building code provisions in WAC 51-50-0429. Further, the provisions of subsections C.11 and 12 of this section do not apply to single-family residences and multifamily residential buildings containing four or fewer residential units as defined in RCW 19.27.015(4). 14. For all development except for single-family residential, the required parking for two or more complementary uses may be reduced up to 50 percent when provided by a common parking lot, but may not be reduced below the highest parking requirement. The reduction shall be reviewed and authorized by the director of planning and community development together with a site plan and design review permit, building permit, or business license, depending on when the parking space reduction is proposed. 15. Pursuant to RCW 36.70A.622(1)(f), off-street parking requirements can be reduced or waived if compliance with any tree retention requirements of BIMC Chapter 16.32, Title 17, or Section 18.15.010 would otherwise make a proposed residential development or redevelopment infeasible. C. Number of Automobile Spaces Required. 1. General Provisions. All development shall provide the number of parking spaces indicated in this subsection C and Tables 18.15.020-1 and 18.15.020-2. All parking lots shall comply with the minimum requirements for handicapped parking spaces, as required by Washington State regulations related to barrier-free facilities, with the exception of single-family residential and multifamily residential development on individual lots. Above-ground parking lots exceeding the number of spaces required by this section are not allowed unless approved by the planning commission; spaces provided in underground parking garages are exempt from parking maximums. EXCERPT Table 18.15.020-1: Off-Street Parking Spaces Required for Residential, Neighborhood Center, Business/Industrial, and Water-Dependent Industrial Zone Districts Land Use Spaces Required Residential dwelling unit in a single-family residential district [1] 2 spaces for each primary dwelling unit and 1 space for each accessory dwelling unit. In the Winslow Subarea residential districts, 1 space is required for each dwelling unit. Residential dwelling unit in a multifamily residential, NC, or B/I district 1 0.5 space per primary dwelling unit that is a studio or 1 bedroom unit, and 2 spaces for all other primary dwelling units. Dwelling units situated directly above a commercial use or directly above parking serving a commercial use in the NC district or live/work units in the B/I districts shall require 1 0.5 parking space. Dwelling units separate from the commercial use or its 29 Ord. No. 2026-10 Exhibit C [1] Residential parking requirements may be reduced by 50 percent for dwelling units located within a one-half-mile radius and 25 percent for dwelling units located within one-half mile and a one mile radius of the ferry terminal providing scheduled service to Seattle. This provision may not be used in conjunction with senior housing or other parking reduction arrangements, and the required number of parking spaces shall not be reduced below one 0.5 space per parking unit, unless a lower parking requirement is applicable. This provision does not preclude the authority of the director to require guest parking as described in this table. EXCERPT Table 18.15.020-1: Off-Street Parking Spaces Required for Residential, Neighborhood Center, Business/Industrial, and Water-Dependent Industrial Zone Districts Land Use Spaces Required parking by one or more intervening floors shall not be considered to be located “directly above” that use, and therefore 2 parking spaces are required. 0.25 off-street parking spaces per micro-unit multifamily dwelling unit. The director may require guest parking in excess of the required parking spaces, whether or not the required parking is reduced pursuant to BIMC18.15.020.B.12, up to a maximum additional 0.5 0.1 stall per dwelling unit, if there is inadequate guest parking on the subject property or publicly available parking is not nearby. EXCERPT Table 18.15.020-2: Off-Street Parking Spaces Required in Mixed Use Winslow Town Center Districts [1] Land Use Spaces Required Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay High School Road I and II Connection Residential Uses Minimum spaces per unit [3] 1 0.5 space per primary dwelling unit that is a studio or 1 bedroom unit, and 2 1 spaces for all other primary dwelling units. Each dwelling unit situated directly above a commercial use or directly above parking serving a commercial use in the NC or B/I districts shall require 1 0.5 parking space. Dwelling units separate from the commercial use or its parking by one or more intervening floors shall not be considered to be located “directly above” that use. The director may require guest parking in excess of the required parking spaces, whether or not the required parking is reduced pursuant to BIMC 18.15.020.B.12, up to a 30 Ord. No. 2026-10 Exhibit C [1] For properties along Winslow Way, there shall be no driveway from private property to the street except as approved as a conditional use. Driveways in existence prior to July 1, 1987, are excepted from this requirement. [2] Applies to uses in the food and beverage, office and services, and retail categories in Table 18.09.020. [3] Residential parking requirements may be reduced by 50 percent for dwelling units located within a one-half-mile radius and 25 percent for dwelling units located between one-half mile and a one-mile radius of the ferry terminal providing scheduled service to Seattle. This provision may not be used in conjunction with senior housing or other parking reduction arrangements, and the required number of parking spaces shall not be reduced below one 0.5 space per parking unit unless a lower parking requirement is applicable. This provision does not preclude the authority of the director to require guest parking as described in this table. J. Design Standards. 1. Parking Space and Aisle Dimensions. Except as provided in subsection J.1.e of this section, parking lots shall be designed according to Table 18.15.020-5. Space depth shall be measured exclusive of access drives, aisles and other physical obstructions. Small car spaces may total no more than 30 percent of the required number. Except for accessible spaces, which are larger by definition, minimum dimensional requirements for a standard size (not compact) parking space are 8 feet by 20 feet, pursuant to RCW 36.70A.622(1)(e). a. Parking lots shall have direct access to a street or road easement and shall provide unobstructed access driveways exclusive of the required parking areas. b. Multifamily and nonresidential developments shall use access standards as shown in Table 18.15.020-5. c. Where possible, single-family residences shall share access drives. d. Access drive widths for single-family residences shall be determined by the city engineer or fire marshal. EXCERPT Table 18.15.020-2: Off-Street Parking Spaces Required in Mixed Use Winslow Town Center Districts [1] Land Use Spaces Required Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay High School Road I and II Connection maximum additional 0.5 0.1 stall per dwelling unit, if there is inadequate guest parking on the subject property or publicly available parking is not nearby. 0.25 off-street parking spaces per micro-unit multifamily dwelling unit. Maximum above- ground spaces per unit 2 31 Ord. No. 2026-10 Exhibit C e. For parking located in structures, columns or other structural elements may encroach into the parking space a maximum of six inches on a side; provided, that no wall, post, guardrail, or other element shall obstruct car door opening or the exit-way of persons from a parked vehicle. Table 18.15.020-5: Parking Space and Lot Design and Dimensions [1] A Parking Angle B Stall Width (ft.) C [2] Stall Depth (ft.) D Aisle Width (paved surface ft.) Direction of Travel 45° 7.5 15 11 1-way 8.5 8 18 13 1-way 7.5 15 18 2-way 8.5 8 18 20 2-way 60° 7.5 15 14 1-way 8.5 8 19.5 14.5 1-way 7.5 15 20 2-way 8.5 8 19.5 20 2-way 75° 7.5 15 17.5 1-way 8.5 8 20 18.5 1-way 7.5 15 20 2-way 8.5 8 20 20 2-way 90° 7.5 15 20 2-way 8.5 8 19 24 2-way Parallel 20 8.5 8 12 1-way 20 8.5 8 12 2-way [1] The first line of each category (e.g., 45 degrees, one-way travel) indicates the dimensions for compact cars. [2] Where wheel stops are required, they shall be placed 18 inches from the end of stall. Landscaping may be located between the wheel stop and the end of the stall. Landscaping so located shall be in addition to, and not part of, any landscaping required by this title. 2. Grades. Where parking spaces are designated, grades shall not exceed six percent. Driveways and driving lanes between separate groups of parking shall not exceed 14 percent. Parking areas on sloping lots shall be laid out so that parked cars lie perpendicular to the slope. Where existing grades on property proposed for a parking lot exceed 10 percent, the city may require a topographic survey to show existing and proposed grades. 32 Ord. No. 2026-10 Exhibit C Chapter 18.21 AFFORDABLE HOUSING Sections: 18.21.005 Generally. 18.21.010 Purpose. 18.21.020 General provisions for optional affordable housing 18.21.030 Optional residential density bonus for the “Ferncliff Aaffordable Hhousing Area”. 18.21.040 Optional fee-in-lieu. 18.21.050 Affordable housing development on property owned or controlled by a religious organization. 18.21.005 Generally. This chapter sets forth optional provisions for density bonuses in return for the construction of new affordable housing units. Residential density bonus proposals will be reviewed concurrently with the primary land use application. A preapplication conference will be required for any land use application that includes a proposal for the affordable housing density bonus. 18.21.010 Purpose. The purpose of this chapter is to implement the policies contained in the housing element of the comprehensive plan and the Winslow Subarea Plan by providing an both optional and mandatory programs for the construction of affordable housing in new single-family and multifamily residential developments. The Growth Management Act (GMA) requires the city to make adequate provisions for existing and projected housing needs of all economic segments of the community as determined by the housing needs assessment, contained in the housing element. The housing element reflects the city’s goal of dispersing affordable housing throughout all geographic and economic segments of the community, and providing a mixture of housing types to discourage the development of economic enclaves. The city recognizes that the marketplace is the primary supplier of adequate housing for those in the upper economic groups, but that some combination of appropriately zoned land, regulatory incentives and innovative planning techniques will be necessary to make adequate provisions for the needs of households whose incomes are at or below middle income (as those terms are defined in Chapter 18.36 BIMC). 18.21.020 General provisions for optional affordable housing. A. Siting of Affordable Dwelling Units or Residential or Mixed Use Building Lots. The affordable units constructed under the provisions of this chapter shall be included within the parcel of land for which the density bonus is granted. Segregation of affordable housing units within the development from market rate housing units shall be avoided whenever practical. The department of planning and community development shall calculate and publish annually the maximum purchase prices and maximum rents applicable to each of the following income groups: 1. Extremely low income: less than 30 percent of median household income; 2. Very low income: 31 percent through 50 percent of median household income; 3. Low income: 51 percent through 80 percent of median household income; 4. Moderate income: 81 percent through 95 percent of median household income; 5. Middle income: 96 percent through 120 percent of median household income. 33 Ord. No. 2026-10 Exhibit C B. Duration of Affordability. 1. Rental Units. a. Prior to the effective date of Ordinance No. 2021-11 on February 11, 2021, affordable rental housing units created as a result of the provisions of this chapter shall remain affordable for a period of 30 years from the time of first occupancy and shall be secured by a recorded agreement and covenant running with the land, binding all the assigns, heirs, and successors of the applicant. b. For development projects that filed a complete land use permit application with the city subsequent to the effective date of Ordinance No. 2021-11 on February 11, 2021, affordable rental housing units created as a result of the provisions of this chapter shall remain affordable for a period of at least 50 years from the time of first occupancy and shall be secured by a recorded agreement and covenant in accordance with subsection C of this section. 2. Home Ownership Units. a. Prior to the effective date of Ordinance No. 2021-11 on February 11, 2021, all affordable home ownership units created as a result of the provisions of this chapter shall be initially sold to income- qualified households and thereafter subject to a mechanism that is specified in an appropriate administrative procedure adopted by resolution by the city council allowing the city to capture a share of the appreciation when the unit is sold at market rate. The city’s share of the proceeds shall be placed in its housing trust fund. The affordable housing unit(s) shall be secured by a recorded agreement and covenant in accordance with subsection C of this section. b. For development projects that filed a complete land use permit application with the city subsequent to the effective date of Ordinance No. 2021-11 on February 11, 2021, affordable home ownership units created as a result of the provisions of this chapter shall be sold to income-qualified households and shall remain affordable for a period of 99 years from the time of first occupancy. The affordable housing unit(s) shall be secured by a recorded agreement and covenant in accordance with subsection C of this section. 3. A unit that is owned or sponsored by a public or private nonprofit agency that already restricts benefit and resale is exempt from the provisions of subsections B.1 and B.2 of this section. C. Required Documentation. Prior to the final approval of any land use application to which this chapter is applicable, the owner of the affected parcels shall deliver to the city a duly executed covenant running with the land, binding all the assigns, heirs, and successors of the owner of the affected parcels, in a form approved by the city attorney, identifying the units or parcels and acknowledging their obligation under this section. The applicant shall be responsible for the cost and recording of the covenant. D. Construction of Affordable Units. When dwelling units subject to this chapter will be constructed in phases, or over a period of more than 12 months, a proportional amount of affordable housing units must be completed at or prior to completion of the related market rate dwellings, or as approved by the director. E. Phased Development. If a project is to be phased, the proportion of affordable units or residential building lots to be completed with each phase shall be determined as part of the phasing plan approved by the director. F. Unimproved Lots to Be Sold. Where the applicant intends to sell the individual unimproved lots created as a result of the provisions of this chapter, it is the responsibility of the applicant to arrange for the affordable units to be built. G. Attached Housing. In single-family developments where there are two or more affordable units, side yard setbacks may be waived to allow for attached housing units for affordable units only. The placement and exterior design of the attached units must be such that the units together resemble as closely as possible a single-family dwelling. G H. Definition of Benefit. Where the code limits benefits to households whose incomes are at or below a specified income, the purpose is to include all categories of income, as defined in Chapter 18.36 BIMC, 34 Ord. No. 2026-10 Exhibit C below the category specified. For example, if the benefit limit is, “to those households whose incomes are at or below low-income,” households who are extremely low income, very low income and low income may benefit. 18.21.030 Optional residential density bonus for the “Ferncliff Aaffordable Hhousing Area. A. Purpose. The goal of this section is to increase the housing supply and the choice of housing styles available in the residential area north of the ferry terminal, where active transportation infrastructure exists; to promote socioeconomic diversity by adding to the stock of income-qualified housing; to encourage development of smaller homes, at reasonable prices, in neighborhoods attractive to a mix of income and age levels. B. A. Applicability. This section applies to all land use applications, to the area identified as “Ferncliff Affordable Housing Area” on Figure 18.21.030-1 except the following: (1) for the construction of one single-family dwelling on one lot that can accommodate only one dwelling based upon the underlying zoning designation, (2) the Mixed Use Town Center and the High School Road districts (provisions for the Winslow Town Center are contained in BIMC 18.12.030.E. (3) neighborhood centers (NCs) (provisions for this zone are contained in BIMC 18.12.030.D), and (4) the critical areas overlay districts identified in the comprehensive plan, which are not eligible for density bonuses. C. Review and Approval Process. Housing projects that opt to provide affordable housing in exchange for bonus density shall be reviewed as specified in the same manner as other applications for the same type of underlying land use permit, e.g. Site Plan and Design Review or Subdivision (see BIMC 2.16.030 through 2.16.170). Maximum home size for all units is 1,600 sq. ft. D. Bonus Density Development projects may achieve the bonus density by providing the amount of designated affordable housing units as described below in Table 18.21.030-1. Figure 18.21.030-1 Table 18.21.030-1 Bonus Density Amount of Affordable Housing Units Required Required Affordable Housing Income Level (BIMC Section 18.21.020) 2.5 x Base Density at least 25% of total units (after density bonus) Households at or below low income (i.e. 80% AMI or below) ADUs are permitted in such single-family development but may not be counted as units towards meeting the affordable housing unit requirements. Wing Pt Way Fe r n c l i f f A v e 35 Ord. No. 2026-10 Exhibit C E. Flexible Development Standards. The applicant may request that development standards from BIMC Titles 17 and 18 be modified as part of permit review for these affordable housing projects. The city will review the request to modify development standards through the project review process. Requirements of BIMC Title 16 may not be modified. The following development standards may be modified: 1. Minimum Lot Dimensions and Size. Reductions in lot size or dimensions are subject to approval by the Kitsap County Public Health District. 2. Maximum Lot Coverage. Maximum lot coverage can be increased above zoning district requirements with no maximum. 3. Setbacks. Unless required for public safety purposes, such as sight distance, zoning and subdivision setbacks may be reduced as described below. This section does not supersede lesser setback requirements as outlined in Tables 17.12.070-1 and 18.12.020-2, as applicable. Additional vegetative landscaping screen may be required by the director when reducing setbacks. a. Zoning Setback Reductions. Front setback to on-site access: 10 feet. b. Subdivision Setback Reductions. i. All interior subdivision setbacks: zero feet. ii. Building to on-site access: 10 feet. 4. Natural Area. For residentially zoned projects developed under BIMC Title 17, the prescriptive natural area requirements in Table 17.12.070-1 do not apply. Instead, the project shall integrate at least 400 square feet of natural area per unit. B. Rental Affordable Housing. Density for land subject to the provisions of this section may be increased by up to 50 percent above the underlying base density when each of the additional units is provided for households whose incomes are at or below low income. C. For-Purchase Affordable Housing. Density for land subject to the provisions of this section may be increased above the base density by the following amounts: 1. Up to a maximum of 50 percent above the underlying base density when each of the additional units or residential building lots is provided for households whose incomes are at or below low income. 2. Up to a maximum of 40 percent above the underlying base density when each of the additional units or residential building lots is provided for households whose incomes are at or below moderate income. 3. Up to a maximum of 20 percent above the underlying base density when the first 10 percent of the housing units are affordable to households with incomes at or below moderate income. The remaining 10 percent may be affordable to households whose incomes are at or below middle income. D. Summary Table. The provisions of subsections B and C of this section are summarized in Table 18.21. Table 18.21: Affordable Housing Density Bonus Provision Summary Affordable Housing – Optional For Purchase For Rent Up to 50% density bonus if each of the bonus units are affordable to households whose incomes are at or below low income. Up to 50% density bonus when each of the bonus units is affordable to households with incomes at or below low income. Up to a 40% density bonus if each of the bonus units are affordable to households whose incomes are at or below moderate income. Up to a maximum of 20% above the underlying base density when the first 10% of the housing units are affordable to households with incomes at or below moderate income. The remaining 10% may be 36 Ord. No. 2026-10 Exhibit C Affordable Housing – Optional For Purchase For Rent affordable to households whose incomes are at or below middle income. 18.21.040 Optional fee-in-lieu. A. The owner of an affordable residential building lot constructed or created as a result of the provisions of this chapter, as now or previously codified, as part of a land use application approved on or before June 1, 2008, may make a financial contribution, as described in this section, to the city’s housing trust fund instead of complying with the requirements of BIMC 18.21.020, as now or previously codified, to obtain or maintain the bonus density allowed under this chapter, as now or previously codified. B. The amount of such financial contribution to the city’s housing trust fund shall be set by the city manager, subject to the following restrictions: 1. The amount must be at least 60 percent of the fair market value of the affordable residential building lot at the time of sale. A certified appraiser shall determine the affordable residential building lot’s fair market value. The appraisal will assume that sale of the lot will not be restricted to only income-qualified individuals. The owner will pay for the appraisal by a certified appraiser acceptable to the city. 2. The amount must be deposited into the city’s housing trust fund within 14 days of the closing of the sale of the affordable residential building lot. 3. In circumstances where development of the affordable residential building lot is restricted by conditions on the face of a plat or short plat, the owner must initiate and pay for a plat amendment to remove or modify such conditions. Approval of such a plat amendment must be obtained before the lot may be sold to an individual who is not income-qualified, and such approval will be conditioned upon a financial contribution to the city’s housing trust fund under this section. 4. Prior to initiating a plat amendment, the owner must demonstrate that they attempted, in good faith, to locate an income-qualified buyer interested in purchasing the affordable residential building lot and were unsuccessful. 18.21.050 Affordable housing development on property owned or controlled by a religious organization. A. In accordance with RCW 36.70A.545, the city shall allow a density bonus consistent with this section for properties owned or controlled by a religious organization. For the purposes of this section, “religious organization” is defined as provided in RCW 36.70A.545. All projects governed by this section shall comply with RCW 36.70A.545 and the requirements set forth in this section. B. Pilot Project Phase. In order to implement the requirements of RCW 36.70A.545 consistent with local needs, the city will utilize a pilot project phase as part of a broader application and implementation of the regulations. Initially, implementation of this section shall be limited to the only request from a religious organization for an increased density bonus for an affordable housing development that the city has received related to RCW 36.70A.545, as of adoption of the ordinance codified in this section, which relates to the approximately eight-acre property collectively known as “Bethany Lutheran Church,” located at the southwest intersection of NE High School Road and Sportsman Club Road NE and zoned R-0.4. The pilot project phase shall be in effect until December 31, 2027. Beginning January 1, 2028, the pilot project phase of these regulations will no longer be in effect and this section will apply to all requests submitted in accordance with RCW 36.70A.545 and this code, regardless of the location of the property within the city’s jurisdictional limits. B C. All projects shall comply with existing land use permit review procedures depending on the type of housing development that is proposed. Multifamily housing shall be reviewed in accordance with the site plan and design review process set forth in BIMC 2.16.040, and subdivisions shall be reviewed in 37 Ord. No. 2026-10 Exhibit C accordance with the short or long subdivision process set forth in BIMC 2.16.070 or 2.16.125 (respectively), unless specifically modified by this section. C D. All projects shall be subject to applicable residential development standards for BIMC Titles 15, 16, 17, and 18, unless specifically modified by this section. All projects shall comply with the requirements of the city and the Kitsap Public Health District for providing drinking water and on-site septic, if applicable. D E. Project Density Bonus. The density for projects may be increased above the base density as follows; provided, that all other applicable provisions of this code are met: 1. For projects within the Mixed Use Winslow Town Center/HSR I and II zones (where bonus density for affordable housing is otherwise governed by BIMC 18.12.030.C E), bonus density shall be governed by Table 18.12.020-3 and the maximum floor area ratios depicted therein. 2. For projects within the Neighborhood Center zones (where bonus density for affordable housing is otherwise governed by BIMC 18.12.030.B D), density may be increased as follows: one additional unit per acre beyond what is already provided as bonus for projects not served by public sewer, and two additional units per acre beyond what is already provided as bonus for projects served by public sewer. 3. For all other projects in Residential zoning districts (otherwise governed by Chapter 18.21 BIMC), density may be increased as follows: a. For projects within the Winslow Subarea Plan Study Area or within one quarter mile of the Winslow Subarea Plan Study Area: Residential Zone Total Allowed Density Under this Chapter R-0.4 2.9 units/acre R-1 3.5 units/acre R-2 4.3 units/acre R-2.9 5 units/acre R-3.5 6 units/acre R-4.3 8 units/acre R-5 14 units/acre R-6 18 units/acre R-8 22 units/acre R-14 26 units/acre 38 Ord. No. 2026-10 Exhibit C b. For all other projects in Residential zoning districts: Residential Zone Total Allowed Density Under this Chapter R-0.4 2 units/acre R-1 2.9 units/acre R-2 3.5 units/acre R-2.9 4.3 units/acre R-3.5 5 units/acre R-4.3 6 units/acre R-5 8 units/acre R-6 14 units/acre R-8 18 units/acre R-14 22 units/acre E F. Accessory Dwelling Units (“ADU”). ADUs are prohibited for projects governed by this section. F G. Affordable Housing. All dwelling units planned and constructed through this section shall meet the following requirements: 1. All units shall be used exclusively for affordable housing purposes for at least 99 years. 2. Housing units shall be used as the primary residence of a low income household. “Low income households” are defined as set forth in RCW 36.70A.545. 3. Unless otherwise specified, the price of affordable housing units shall be based on the requirements set forth in RCW 36.70A.545. 4. An agreement in a form approved by the city shall be executed by the applicant, or its successor organization, and recorded with the Kitsap County Auditor’s Office, requiring the affordable housing to remain for 99 years. This agreement shall be a covenant running with the land, binding on assigns, heirs, and successors of the applicant. 5. The city shall require documentation to be signed through the land use and building permitting processes to ensure ongoing compliance with the income requirements. 6. The city may approve a formula, based on a form prepared by the city and submitted by the applicant when a project application is submitted for review, for calculating maximum affordable prices for sales subsequent to the initial sale to allow modest growth in homeowner equity while maintaining long term affordability for future buyers. G H. Parking. The amount of parking shall be determined as part of a transportation study or mobility assessment. H I. The maximum dwelling unit size shall be limited to 1,400 square feet. I J. Projects proposed and constructed on the same property(ies) as existing buildings may result in a permitted mixed-use property. J K. Projects proposed and constructed under this section shall comply with the Fair Housing Act which prohibits discrimination in housing because of race, color, national origin, religion, sex (including gender identity and sexual orientation), familiar status, or disability. 39 Ord. No. 2026-10 Exhibit C BIMC Chapter 18.36.030 Definitions “Emergency housing” means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. (RCW 36.70A.030(14)) “Emergency shelter” means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. (RCW 36.70A.030(15)) “Permanent supportive housing” means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy. It utilizes admissions practices designed to use lower barriers to entry than typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care, treatment, or employment services. RCW 36.70A.030(31) “Religious organization” is defined consistent with the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property. RCW 36.01.290(6)(c). “Micro-unit Multifamily” means a residential development or the residential portion of a mixed use development with micro-units that provide sleeping and living space, are independently rented and lockable, and residents share kitchen facilities with other micro-units in the building or within the development, pursuant to RCW 36.70A.535. “Transitional housing” means a project that provides housing and supportive services to homeless persons or families for up to two years2 and that has as its purpose facilitating the movement of homeless persons and families into independent living. RCW 84.36.043(3)(c) EXHIBIT D