HomeMy WebLinkAbout5330ORDINANCE NO. 5330
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Bremerton Municipal Code
Section 20.46.0 10 titled "Accessory Dwelling Units."
WHEREAS, through practical use and application of the Zoning Code the need
for modification has been identified; and
WHEREAS, the City of Bremerton ("City") has established a procedure for
amending the Zoning Code in Title 20.18.020(d) of the Bremerton Municipal Code ("BMC"),
which requires amendments to the Zoning Code to be both consistent with the goals and policies
of the Comprehensive Plan and to be consistent with other applicable rules and regulations; and
WHEREAS, these amendments are consistent with the City's Comprehensive
Plan, County Wide Planning Policies, The State Growth Management Act, and other applicable
regulations and ordinances; and
WHEREAS, on April 18, 2017, the Planning Commission conducted a workshop
on the proposed amendments; and
WHEREAS, on April 24, 2017, a State Environmental Policy Act ("SEPA")
Determination of Nonsignificance ("DNS") was issued for the proposed action and no appeals
were filed; and
WHEREAS, on April 20, 2017, the proposed Zoning Code amendments were
circulated to the State Agencies for the requisite review and comment period; and
WHEREAS, on May 6, 2017, the public was notified by a legal advertisement in
the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by
the Planning Commission; and
WHEREAS, on May 16, 2017, the Planning Commission conducted a public
hearing on the Zoning Code amendments and formulated a recommendation to forward the
amendments for City Council consideration; and
WHEREAS, on June 9, 2017, the public was notified by a legal advertisement in
the Kitsap Sun of the opportunity to make comment and participate in the public hearing on June
21, 2017 by the City Council; and
WHEREAS, on June 17, 2017, City Council removed this specific topic of ADUs
from the Zoning Code proposed amendments ordinance to make this topic a separate ordinance
and it was made clear at the June 21, 2017 Public Hearing that this item was removed and
rescheduled for July 19, 2017, but testimony would be considered if provided. No public
testimony was received at the June 21, 2017's Public Hearing regarding ADUs; and
Title 20 BMC Updates
WHEREAS, on July 8, 2017, the public was notified by a legal advertisement in
the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the
City Council on July 19, 2017; and
WHEREAS, on July 19, 2017, the City Council conducted a public hearing and
considered all testimony prior to their decision; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Findings and Recitals Incorporated. The findings and recitals set
forth above are hereby adopted and incorporated herein by this reference.
SECTION2. Planning Commission Findings. The findings and conclusions
adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated
as if set forth herein in full.
SECTION3. Chapter 20.46 of the Bremerton Municipal Code entitled "Special
Development Standards" is hereby amended by amending Section 20.46.010 to read as follows:
20.46.010 ACCESSORY DWELLING UNITS.
An accessory dwelling unit (ADU) may bepermitted where a new or existing
single-family dwelling unit (hereafter, "principal unit") is allowed. Accessory dwelling units are
exempt from density requirements and shall be subject to the following speeifie develepment,
requirements:
(a) An ADU shall comply with the development standards of the underlying zone for
the principal unit including setbacks, height, and lot coverage or BMC 20.44.060: Accessory
Structures Setbacks for detached ADUs.
(b) An ADU may be attached or detached from the principal unit.
(c) Only one (1) ADU may be created per lot. The lot shall only contain one (
single-family dwelling unit and one (1) ADU.
Manufactured homes may be allowed as an accessory dwelling unit provided it
complies with the design criteria of ADUs and must comply with BMC 20.46.040 Manufactured
Home provisions, excluding subsection 20.46.040(a)(2) and (6) regarding size and roof pitch.
,
must aeeupy either- the pr-ineipal unit er the ADU as their pei:manent residenee f;9f: 4 least si* (6)
months out ef the yeaf-.
(t) An ADU shall be subordinate to the principal unit. The ADU shall be limited to
not more than sixty (60) percent of the principal unit's total habitable floor area with the
following exception:
(1) To encourage the compact infill development and use of existing single-
family homes, if a residence that was constructed or remodeled prior to January 1 2017 is
proposed to be divided into a principal unit and an ADU, the Director may allow equal square
footage for the principal unit and the ADU if the ADU is located completely on a single floor of
the existing residence. This does not apply to detached ADUs.
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Title 20 BMC Updates
(300) squafe feet
(4) Any ADU shall be designed so that the appearance of the building remains that of
a single -family residence and should architecturally blend into the existing neighborhoods
through careful design. Unless the ADU is limited to only interior remodeling of an existing
single -family dwelling, a proposed ADU shall meet the following design standards: ineleding the
fellawifigt
(1) Genstftie4ed of sifflilaf materials and siding as the pfineipal tiflit; Exterior
Finish: The exterior of an ADU shall have siding and roofing which in color, material and
appearance are comparable to the predominant materials of the primary dwelling unit and/or
characteristics of the neighborhood.
(i) Roofing: A roof of equal orrg eater pitch as the principal unit.
(ii) Eaves: The minimum projection is twelve (12) inches.
(3) A height no mwve ah—an olveat�, five (25) pereent greater- than the prineipal
unit net to e�Eeeed the height lifflit of the zefie.
(2) Detailed design: All ADUs shall provide detailed design using at least four
(4) of the following architectural features:
(i) Trim to denote all building's roof lines, porches, windows and
doors that is at least three (3) inches wide
(ii)Dormers (iii)
Gables
(iv)Recessed entries
v)Covered porch entries
vi)Offsets in building face or roof (minimum sixteen (16) inches
(vii) Bay windows
(viii) Decorative cornices and roof lines
(ix) Shutters
(x)Brickwork, masonry or stucco
(xi)Any alternative feature providing visual relief similar to the
options listed above provided it must be approved by the Director
(g) ' The entrance to an attached ADU shall not be on the same facade of the structure
as an entrance to the principal unit. Exterior stairway shall not be constructed on the street -
frontage side of the principal dwelling unit.
(#) Accessory dwelling units shall provide one (1) off-street parking space in addition
to that which is required for the principal unit. When adding an ADU, all driveways and areas
used for loading, parking, and maneuvering vehicles on the parcel shall have a paved surface.
(i) When development of an ADU is for people with disabilities, the Director may
allow reasonable deviation from the stated requirements to install features that facilitate
accessibility such as those required by the International Building Code.
(4 An ADU shall be required to be served by City water and sewer or an aaaroved
septic system.
Title 20 BMC Updates
0) An A—PI-1 ..1,.,11 b,. .1004 st. et:. r-ded with the niton.+ Count), Auditor- - to
indieate the presenee of the ADU,
maintaining the unit as deser-ibed above.
(k) The property owner, which shall include titleholders and contract purchasers,
must occupy either the principal unit or the ADU as their permanent residence for all twelve (12)
months of the year.
(1) An ADU shall have a deed restriction recorded with the Kitsap County Auditor to
indicate the presence of the ADU, the requirement of owner occupancy, and other standards for
maintaining the unit as described above.
SECTION 4. Severability. If anyone or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the / 94-�- day of :Z iu- , 2017.
ERIC YO
Approved this 25 D—day of G ( , 2017.
PATTY LENyor
(r
ATTEST:
S ANNON CORM, City Clerk
it President
APPROVED AS TO FORM:
RO R A. LUBOVICH, City Attorne
PUBLISHED the day of / lam[ Gt � 2017.
EFFECTIVE the —day of 2017.
ORDINANCE NO.
4
Title 20 BMC Updates
Exhibit A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
The proposed amendments to Bremerton Municipal Code include amending Title 20 Land Use Chapter
related to appeals, fences, occupied Recreational Vehicles, Automobile Service and Repair as a
permitted use in the General Commercial zone and as a Conditional Use in the Neighborhood Business
zone, the definition of Automobile Service and Repair, and regulations for Accessory Dwelling Units.
I. FINDINGS OF FACT
1. Project Description:
The proposed amendment package includes revisions to Title 20 as follows:
• A clarification to the Appeals code section, regarding who has standing to appeal;
• A minor revision to fence regulations;
• Revisions to the regulations regarding occupied Recreational Vehicles (RVs) on private
property;
• Allowing automobile service and repair as an outright permitted use in the General
Commercial zone;
• Permitting automobile service and repair as a conditional use in the Neighborhood
Business zone, where existing buildings are suitable for the use and where additional
criteria are met.
• Revising the definition of Automobile Service and Repair, to include repair of any
vehicles not registered to the resident, in a residential area.
• Revise the Accessory Dwelling Unit criteria for approval, including removing owner -
occupied requirement, adding design standards, and revising the size limitations.
2. Procedural History:
2.1 Planning Commission Workshop: April 18, 2017
2.2 SEPA Threshold Determination DNS: April 24, 2017
2.3 Washington State Department of Commerce Notice: April 20, 2017
2.4 Notice of Public Hearing: May 6, 2017
2.5 Planning Commission Public Hearing: May 16, 2017
3. Public and Agency Comment:
3.1' April 18, 2017 Workshop Comment: Mike Coslett, owner of Cars Automotive business.
Wants to locate at 3740 Wheaton Way
3.2 April 18, 2017 Workshop Comment: Byung Yu Ben, property owner at 3740 Wheaton
Way. Would like an auto related business to be able to operate there.
4. SEPA Determination:
A Determination of Non -Significance was issued on April 24, 2017, to date no comments or
appeals have been filed.
5. Consistency:
Text amendments to Title 20 shall meet the decision criteria outlined in BMC 20.18.020(d). The
Planning Commission may recommend, and the City Council may adopt or adopt with
modifications, an amendment.to Title 20 if the criteria outlined below are met.
Exhibit A
(1) It is consistent with the goals and policies of the comprehensive plan;
Analysis: The proposed amendments continue to uphold the objectives and goals of the
Comprehensive Plan, and implement the following policies:
LU2(A): In order to combat chronic vacancy experienced in select areas, the City should
consider zoning regulations that promote occupancy for buildings that are experiencing
prolonged vacancy.
LU2(C): Support adaptive reuse of existing buildings with uses that are compatible with
surrounding neighborhoods.
H1(F): Promote a robust code enforcement program to protect the safety and aesthetic
quality of existing neighborhoods.
H3(A): Provide opportunities for the production of new housing for all incomes, ages,
and family types through infill by stimulating growth of non-traditional housing types such
as townhomes, carriage units, accessory dwelling units, and duplexes in locations where
they will seamlessly infill into the fabric of the existing neighborhoods.
H4(D): Encourage efficient permit review by eliminating unnecessary regulatory
impediments, improving certainty in development regulations, and provide an expedited
permit process.
(2) It does not conflict with other City, state and federal codes, regulations and ordinances.
Analysis: The proposed amendments do not conflict with any other regulations.
II. CONCLUSIONS & RECOMMENDATION
Based on the findings above, the Planning Commission concludes that the proposed amendments to
the Bremerton Municipal Code Title 20 Land Use Chapter, meets the requirements in BMC
20.18.020(d) text amendments, and therefore recommends to the City Council, the adoption of
amendments to Title 20.
submitted by:
Secretary ck off, PI ng Commission Chair
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AFFIDAVIT OF PUBLICATION
Account #342133 AD#1702903
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Teresa Hull, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in
the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that
said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap,
in which County it is published and is now and has been for more than six months prior to the date of the publi-
cation hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton,
Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of
said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the
following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of
said newspaper on the following date, to wit: And on
August 1, 2017
such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee
charged for the foregoing publication is the sum of $53.28. This amount has not been paid in full.
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of August 2, 2017.
ORDINANCE NO. 5330
AN ORDINANCE of the City
Council of the City of Bremer-
ton, Washington, amending
the Bremerton Municipal
Code Section 20.46.010 titled
"Accessory Dwelling Units."
PASSED by the City Council on
the 19th day of July, 2017.
The full text of this ordinance
is available from the City
Clerk's Office, 345 Sixth
Street, Suite 600, Bremerton,
WA 98337.
Aug. 1, 2017 AD#1702903