ORD 99-05 AMENDING SECTION 18.87.050 OF THE BAINBRIDGE ISLAND MUNICIPAL CODEAN ORDINANCE of the City of Balnbridge Island, Washington,
relating to nonconforming lots; amending Section 18.87.050 of the
Bahbridge Island Municipal Cede;
WHEREAS, the Kitsap County Zoning Ordinance of June 1983, amended March 1990,
clmtained a requirement to aggregate non-confo.hing, contiguous lots in common ownership;
WHEREAS, upon annexation the City of Bainbridge included in the Bainbridge Island
Municipal Code the lot aggregation requirement, which was subsequently amended March 3,
1994, May 18, 1995, November 2, 1995, February 20, 1997 and January 15, 1998, and
WHEREAS, the City Council has determined that it is in the best interests of the citizens
of Balnbridge Island to repeal the lot aggregation requirement; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
ORDAIN AS FOLLOWS:
Section 1.
f,!lows:
Section 18.87.050 of the Balnbridge Island Municipal Cede is mended as
A. Nonconforming Single Lots. Any nonconforming single lot, tract or parcel of land that
was lawfully created and recorded with the county auditor' s office prior to March 1, 1992, may
b~ used for the purposes permitted by this title notwithstanding the minimum lot area, lot width
Mtd lot depth required.
I1. Nonconforming Lotn in Cornanon Owns~hip. l~tocpt no provided in hubsnotion C of
tl~ ~oction, any nonoonfo,,,iing lot in common o~vnornhip ~vith a oontiguotu: lot on May lg,
19~5, nhnll not be used for purpos~ lRl~r. Aittod by thin title uniegn thc lot in combined with
.+~:. oontiguoucly o~vnod lot cad/or oombin~l in n manner adequate m comply with the ~oquired
~lk.imum lot at, a, lot width and lot depth no Bpooifiod for the zone in which the lot in located;
~nvidod, that thic proviBion Bhall not apply to lots in final plats filed Binco January 1, 1977, or
lalln that contain n d~valling. The owner of combined lots chall apply for n boundary line
n~uBtmsat pur0uant to Chapter 17.20 IIIMC to remo~ boundary linen that are shared by
C. Any nonconforming lot in common ownomhip with n contiguous lot on May lg, 1995,
; y be dovelol~d with affo:xlnble hotruing, an tiefined by the U.S. Department of Ilouning and
Ll~an Development (IIUD), without being combined with the oontiguoun lot; provided, that:
1. Rental units Bhall be for moderate income hou0eholdo and below; fer purchnoe units
s~f" be for middle income houneholdt: and below;
2. Lot coverage on Iota loon than 10,000 mittare feet may not exceed 15 poment;
3. lhilding height on lots loan than 10,000 nquere feet may not exo,~d 20 feet;
'1. All health diBtriot ntnnderdn for ~vater and sewage diBpooal must bc met;
5, All other tuluiremuits for the gone in which it in located muot be met;
6. No vnrianoee nhall be g~anted to allow for development of tbece lots;
7. No Beecheery dwelling units nhall
8. Thic aBetion ~k~eB not apply to lots almtting the nhos:line;
9. Units created undu this provinion ahall to.-nnin affordable, no defined by IIUD, for 30
y0v's na provided in Policy IH.7 of the houcing el~aignt of the eomlm~hen0ive plan.
D. Monito.-ing. The dopertm, nt w~ll pt~u~ a yoerly report that monitoro the number of
{dfordabio houBing units that am omm~d no a A.~ult of the proviBionz of Bubneetion C of thi~
~g0~sn. Additional information may be providmt an neeoratory. (Ord. 98 10 § 1, 1998; Ord. 95 36
§~1,199ti; eTA. 95 19 § 1, 19)5; Ord. 94 10 § 1, 1994; Ord. 9~ 08 § 2, 199~)
Section 2. Relationship to other zoning provisions.
To the extent that the requirements set forth in the provisions of this ordinance amending
adding sections to Chapter 18 of the Bainbridge Island Municipal Code are inconsistent with
r~quirernents set forth in .other City code provisions, the requirements set forth in this ordinance
sllall supersede the requirements in other City code provisions.
Section 3.
its passage, approval and publication as required by law.
PASSED by the City Council this/4/~'~tday of :T~/~
APPROVED by the Mayor this/~z~tday of ~'t.//
This ordinance shall take effect and be in forcc sixty days from and after
'2
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FJ~ .~.r~ W1TH THE C1TY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISH!~:
EFFECTIVE DATE:
ORDINANCE NUMBER:
41. / ~'f