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ORD 2015-16 RELATING TO ACCESSORY DWELLING UNITS AND AMENDING BIMC 18.09.030ORDINANCE NO. 2015-16 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to accessory dwelling units and amending Section 18.09.030 of the Bainbridge Island Municipal Code. WHEREAS, accessory dwelling units (ADUs) are an allowed accessory use to a single- family residence; and WHEREAS, the City Council discussed ADUs at their January 13, 2015 meeting, noting that the City's 800 square feet maximum size is less than other Kitsap County jurisdictions; and WHEREAS, the City Council directed staff bring forward an ordinance to increase the maximum size for an ADU; and WHEREAS, the Planning Commission conducted study sessions on April 9, June 11, and September 24, 2015 to discuss the issue; and WHEREAS, the Planning Commission conducted a public hearing on Ordinance No. 2015-16 on October 22, 2015; and WHEREAS, the City Council conducted a public hearing on Ordinance No. 2015-16 on November 17, 2015; and WHEREAS, notice was given on October 12, 2015 to the Office of Community Development at the Washington State Department of Commerce in conformance with RCW 36.70A.106; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN, AS FOLLOWS: Section 1: Section 18.09.030.I.5 Use Specific Standards - Accessory Uses, of the Bainbridge Island Municipal Code is amended to read as follows: 5. Accessory Dwelling Unit. a. An accessory dwelling unitA( DU) 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. No variances shall be granted for an accessory dwelling unit. 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 be designed to maintain the appearance of the primary dwelling as a single-family dwelling., containing 900 800 sq, ft. 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 Citv may allow an increased size in order to efficiently use all floor at -ca. 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 900 800 -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 shall share a single driveway with the primary dwelling. 1. 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.Q. Section 2. This ordinance shall take effect and be in force on and after five days from its passage, approval and publication as required by law. PASSED BY THE CITY COUNCIL this 17th day of November, 2015. APPROVED BY THE MAYOR this 17th day of November, 2015, ". 0`1 k�� Anne S. Blair, Mayor AA ATTEST/AUTHENTICATE: �a s Rosalind D. Lassoff, CM City Clerk FILED WITH THE CITY CLERK: October 28, 2015 PASSED BY THE CITY COUNCIL: November 17, 2015 PUBLISHED: November 20, 2015 EFFECTIVE DATE: November 25, 2015 ORDINANCE NUMBER: 2015-16