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Ordinance No. 2023-04 Amendments to Title 2 3.31.23 (Approved 041123)Page 1 of 2 ORDINANCE NO. 2023-04 AN ORDINANCE of the City of Bainbridge Island, Washington, related to clarifying Section 2.16.210 of the Bainbridge Island Municipal Code. WHEREAS, City planning staff have compiled a set of changes to the land use procedures and regulations of the Bainbridge Island Municipal Code (“BIMC”) to update and clarify certain provisions; and WHEREAS, on February 8, 2022, the City Council discussed the provisions and history of BIMC section 2.16.210 Subarea planning process and the then upcoming update to the Winslow Subarea Plan, now in process; and WHEREAS, at the close of the discussion on February 8, 2022, the City Council directed BIMC 2.16.210 be amended to clarify that it applied to only small designated areas such as Neighborhood Centers or the Day Road Business/Industrial areas, but not Winslow; and WHEREAS, the Planning Commission considered draft Ordinance No. 2023-04 on January 26, 2023; and WHEREAS, the Planning Commission held a public hearing on Ordinance No. 2023-04 on February 9, 2023, and after closing the public hearing, made a recommendation on an amended version of this ordinance to the City Council; and WHEREAS, on March 28, 2023, the City Council considered Ordinance No. 2023-04; and WHEREAS, on April 11, 2023, the City Council adopted Ordinance No. 2023- 04. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 2.16.210.B of the Bainbridge Island Municipal Code is hereby amended as follows: B. Applicability. This chapter does not apply to the Winslow Subarea Plan. This chapter applies to: 1. Neighborhood and Industrial A designated centers that have has been identified in the adopted Land Use Element of the comprehensive plan; and 2. Discrete neighborhoods outside of designated centers. Page 2 of 2 Section 2. 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. Section 3. This ordinance shall take effect and be in force five (5) days from its passage and publication as required by law. PASSED by the City Council this 11th day of April, 2023. APPROVED by the Mayor this 11th day of April, 2023. Brenda Fantroy-Johnson, Mayor ATTEST/AUTHENTICATE: Christine Brown, MMC, City Clerk FILED WITH THE CITY CLERK: April 7, 2023 PASSED BY THE CITY COUNCIL: April 11, 2023 PUBLISHED: April 21, 2023 EFFECTIVE DATE: April 26, 2023 ORDINANCE NUMBER: 2023-04