HomeMy WebLinkAbout5410ORDINANCE NO. 5410
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Bremerton Municipal Code
Section 20.46.010 entitled 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, the Washington State Legislature passed House Bill 1923, which
provides incentivized recommendations for jurisdictions to amend local zoning codes relating to
housing, with one recommendation concerning ADU standards; and
WHEREAS, the City has received grant funding under the provisions of House
Bill 1923 to pursue these zoning code amendments; and
WHEREAS, on May 18, 2020, the Planning Commission conducted a workshop
on the proposed amendments; and
WHEREAS, on May 29, 2020, and October 2, 2020 a State Environmental Policy
Act ("SEPA") Determination of Nonsignificance ("DNS") was issued for the proposed action
and no appeals were filed; and
WHEREAS, on June 1, 2020, and October 2, 2020 the proposed Zoning Code
amendments were circulated to the State Agencies for the requisite review and comment period;
and
WHEREAS, on October 2, 2020, 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 Commissions and
WHEREAS, on October 19, 2020, 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
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Title 20 BMC Updates
WHEREAS, on December 2, 2020, 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 December 16, 2020 by the City Council; and
WHEREAS, on December 16, 2020, 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 1. Findings and Recitals IncorPor•ated. 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.
SECTION 3. 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 be permitted where a new or existing single-
family dwelling unit (hereafter, "principal unit") is allowed. Accessory dwelling units are exempt
from the density requirements of the underlyingzone and shall be subject to the following
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 (1)
single-family dwelling unit and one (1) ADU.
(d) 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 BMC 20.46.040(a)(2) and (6) regarding size and roof pitch.
(e) An ADU r shall lbe subordinatethe prineipal > :pit. The ADU shall be limited to
1,000 square feet or not more than sixty (60) percent of the principal unit's total habitable floor
area, whichever is greater, 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 januafy 1
December 31, 2020, 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.
(f) 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 neighborhood-S
through careful design. Unless the ADU T is limited to 1 tefi r ,.o„ odeling of a existin
3ingle family dwelling, a proposed ADU shall meet the following design standards:
Title 20 BMC Updates
f 1` Exterior- Fini� The exterior of an AD 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.
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Title 20 BMC Updates
(1) An AD shall haire a deed restrietion reeor-ded with the Kilsap County AHEIRoF tO
nak4aining the unit as described above.
(k) Conversion of existing detached structures. To encourage the compact infill
development of existing structures throughout the City, a detached ADU that does not comply
with certain development standards of this chapter may be permitted provided the requirements
of this section (20.46.010) are met. The following shall apply to all development seeking to
utilize this provision:
(1) The structure must have been constructed prior to December 31, 2020.
The structure must either have received a City or County permit, not needed a permit at the time
A construction or be recognized as a structure per the Kitsap County Assessor records.
Q The structure must meet either currently or through permitted remodeling,
the requirements of the Building (BMC Title 17) and Fire (BMC Title 18) code for habitable
structures.
(3) The conversion of an existing structure to an ADU, with no expansions,
may be exempt from:
�i) Compliance with the development standards for setbacks, height,
and lot coverage, of the underlying one.
(ii) Compliance with the ADU provisions of 20.46.010 related to size
and design except as provided at BMC 20.46.010(k)(4).
(4) An existing structure may be enlarged or extended, provided the following
provisions are met.
(i) The enlargements do not violate underlying zone requirements.
Structures that do not conform to the setback requirements maw expand up to 20% of the gross
floor area and to the building line provided these enlargements do not further violate setback
requirements.
(ii) The enlargements do not cause the entire structure to exceed the
ADU size requirements of 20.46.010(e).
(iii) Any altered or new facades shall have siding and roofing which in
color, material and appearance match or compliment the predominant materials of the existing
structure.
�5) A conversion of the structure to an ADU will not be approved if it
conflicts with the City's plans Capital Improvement Plan or other capital projects related to
nearby expansion of utilities or infrastructure including the need for additional right-of-way.
SECTION 4. Corrections. The City Clerlc and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance, including but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 5. Severability. If any one 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.
Title 20 BMC Updates
SECTION 6. 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.
� In
day of LD 1'bp� I , 2020.
ERIC Y
GER, Council President
Approved this Z�s=r day of Dtcs.�.�-.��
ATTEST:
ANGELA
ty Clerk
GRE�O�Y WHEELER, Mayor
APPROVED AS TO FORM:
ROCrER A.
PUBLISHED the �ndday of �C,rtv�,��� , 2020.
EFFECTIVE the 1,5+ day of ' n , 20XQ 2 j
ORDINANCE NO. 4�n
Attorney
Title 20 BMC Updates
Exhibit A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
Proposed amendments to the Bremerton Municipal Code related to Accessory Dwelling Units.
I. FINDINGS OF FACT
1. Project Description:
The proposed amendment includes revisions to Bremerton Municipal Code 20.46.010, Accessory
Dwelling Units, as follows:
A. Increasing the ADU minimum size.
B. Increasing the maximum number of ADUs per lot from one (1) to two (2).
B. Removing parking requirements for the first ADU.
C. Removing owner occupancy and ownership requirements.
D. Changing the design standards.
E. Adding standards for nonconforming detached structures to become ADUs.
2. Procedural History:
2A Planning Commission Workshops: May 18, 2020
2.2 Washington State Department of Commerce Notice: June 1, 2020 AND October 2, 2020
2.3 SEPA Threshold Determination DNS: May 29, 2020 and October 2 2020
2.4 Notice of Public Hearing: October 2, 2020
2.5 Planning Commission Public Hearing: October 19, 2020
3. Public and Agency Comment:
3.1 At the workshop held on March 19, 20181 two public comments were received:
3.1.01 A. Marcus expressed support.
3.1.02 Russ Shiplet, representing the Kitsap Building Association, expressed support.
3.2 Written comments are summarized below.
3.2.01 Comment 010 R. Runyon submitted a potential code amendment.
3.2.02 Comment 021 L. King is supportive of ADU amendments.
3.3 At the Planning Commission Public Hearing on October 19, 2020, the following people
testified:
R. Runyon
R. Shiplet for the Kitsap Building Association
S. Plahn
J. Vogt
4. SEPA Determination:
A Determination of Non -Significance (DNS) was issued on May 29, 2020, to date no comments
or appeals have been filed. A subsequent DNS was issued on October 2, 2020 as additional
code revisions were requested by the public for the City to consider.
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.
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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:
The amendment continues to uphold the objectives, goals and policies of the
Comprehensive Plan such as:
o Policy LU1(B): Coordinate Bremerton's growth consistent with the Kitsap Countywide
Planning Policies and the Puget Sound Regional Council's Vision 2040, and state
requirements.
o Policy LU4(C): Provide land use regulations that give opportunities for the
community to have fair access to livelihood, education, and resources.
o Policy LU4(D): On an annual basis review and provide amendments, if necessary, to
the goals and policies and the Land Use Map to address changing circumstances
and/or emergencies.
o Housing Vision: To encourage the growth of Bremerton by strategically locating a
wide variety of housing types throughout the City in a way that protects the
environment and fosters community health.
o Housing Goal H2: Encourage the development of a variety of new housing options
and densities to meet the changing needs of Bremerton's residents.
o Policy H2(C): Supporting infill development and increased densities and the use of
Low Impact Development (LID) techniques and Best Management Practices (BMPs)
to ensure efficient and cost-effective utilization of existing public utilities.
o Housing Goal H3: Support access to quality and affordable housing for all Bremerton
residents.
o Policy 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.
o Policy H3(E): Eliminate unnecessary regulatory impediments to the development of
affordable housing.
o Goal H4: Implement and coordinate strategies that promote public and private
efforts to facilitate improvements to the housing stock.
o Policy H4(F): Promote increased housing density to provide a broader customer base
for more affordable public services including utilities.
(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.
Respectfully submitted
Andrea L` : Spencer„director of Community Development
Exhibit A
Note:
The City Council conducted a public hearing on December 16, 2020, The Council considered
written and verbal testimony, deliberated and determined to accept most of the
recommendations of the Planning Commission contained in these findings. The Council
determined that they would not immediately adopt the recommendation related to two ADUs
per residence, and will be considering this portion of these findings at a future date.
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