HomeMy WebLinkAbout5423ORDINANCE NO. 5423
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Bremerton Municipal Code
related to "Manufactured Homes" minimum width.
WHEREAS, through practical use and application of the Zoning Code the need
for modification has been identified; and
WHEREAS, the City of Bremerton 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 amendments comply with Washington State Law, RCW
35,21,684, which regulates minimum standards for Manufactured Homes in cities; and
WHEREAS, on March 18, 2019, the Planning Commission conducted a public
workshop on the Zoning Code amendments related to Manufactured Homes; and
WHEREAS, on March 26, 2019, the Department of Commerce received the
proposed amendments related to the Manufactured Homes pursuant to RC 36.70A.106 for the
State's procedural requirements for agency review, and
WHEREAS, on March 29, 2019, the proposed Zoning Code amendments related
to Manufactured Homes were circulated to the State Agencies for the requisite review and
comment period, and
WHEREAS, on March 29, 2019, a State Environmental Policy Act ("SEPA")
Determination of Nonsignificance ("DNS") was issued for the proposed action related to
amendments to the Manufactured Homes and no appeals were filed; and
WHEREAS, on April 12, 2019, 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 April 22, 2019, the Planning Commission conducted a public
hearing on the Zoning Code amendments related to manufactured homes, and formulated a
unanimous recommendation that the amendments be adopted by Councils and
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Zoning Code -BMC Updates to MFH
WHEREAS, the amendments had yet to be considered a City Council Public
Hearing, and thus on April 19, 2021 the Planning Commission conducted an additional public
hearing on the Zoning Code amendments related to manufactured homes to re -affirm their
recommendation that the amendment be adopted by Council. The Planning Commission
formulated a unanimous re -affirmation on the recommendation; and
WHEREAS, on May .1 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; and
WHEREAS, on June 2, 2021, the City Council conducted a public hearing on
these code changes, 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. The findings and recitals set forth above are
hereby adopted and incorporated herein by this reference.
SECTION2. Planning Commission Finding The finding and conclusions
adopted by the Planning Commission attached hereto as Exhibit A related to Manufactured
Homes are adopted and incorporated as set forth herein in full.
SECTIONS. Section 20.46.040 of the Bremerton Municipal Code entitled
"Manufactured Homes" is hereby amended to read as follows:
20.46.040 MANUFACTURED HOMES.
(a) Manufactured homes are permitted on one (1) individual parcel, lot, or tract in
residential zones, provided, that the home is:
(1) Approved by the Washington State Department of Labor and Industries or
the U.S. Department of Housing and Urban Development, and the appropriate certification
insignia is affixed to the unit, in accordance with the provisions of Chapter 43.22 RCW;
(2) Comprised of at least two (2) fully enclosed parallel sections each of not less
than twelve (''" nine -and -a -half (9.5) feet wide by thirty-six (36) feet long;
(3) Set upon a permanent foundation, as specified by the manufacturer, and that
the space from the bottom of the home to the ground be enclosed by concrete or an approved
concrete product which can be either load -bearing or decorative;
(4) Compliant with all local design standards applicable to all other homes
within the neighborhood in which the manufactured home is to be located,
(5) Thermally equivalent to the State Energy Code;
(6) Originally constructed with and now has a composition or wood shake or
shingle, coated metal, or similar roof of nominal three to twelve (3 612) pitch or greater,
(7) Sided with exterior siding similar in appearance to materials commonly used
on conventional site -built International Building Code single-family residences; and
(8) Anew manufactured home as defined in RCW 35.63.160(2).
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Zoning Code - BMC Updates to MFH
(b) A manufactured home which was legally placed and maintained prior to the date of
adoption of this chapter, and does not meet the requirements of this chapter, shall be deemed to
be a nonconforming structure. If a legal nonconforming manufactured home is partially or
wholly destroyed, replaced, or altered, it shall be required to meet the relevant requirements set
Forth in the nonconforming provisions of this title.
(c) The Building Official or designee shall inspect the installation of manufactured
homes prior to occupancy and issue certificates of occupancy for manufactured homes. If all
requirements are met, a certificate of occupancy shall be issued. No manufactured home shall be
occupied until after the City issues a valid certificate of occupancy.
(d) If a manufactured home is replaced by another manufactured home, a new
certificate of occupancy shall be required for the installation of a manufactured home after the
date of adoption of the ordinance codified in this chapter.
SECTION 4. CoN�ections. The City Clerk 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 S. Seve�ability. 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.
SECTION 6. E_ffective 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
Approved this
ATTEST:
3
KEVIN GORMAN, Council President
G
ER, Mayor
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
Zoning Code - BMC Updates to MFH
Zoning Code - BMC Updates to MFH
Exhibit A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
A proposed amendment to Bremerton Municipal Code (BMC) Title 20 Land Use Chapter amending
BMC 20.46.040 entitled Manufactured Homes related to the minimum size of a manufactured home.
I. FINDINGS OF FACT
1. Project Description:
The proposed amendment package includes revisions to Title 20, specifically BMC 20.46.040
Manufactured Homes to revise the minimum size a manufactured home must be to be placed
within the City which is provided in subsection 20.46.040(a)(2).
2. Procedural History:
2.1 Notice of Public Hearing: April 12, 2019
2.2 Department of Commerce: March 26. 2019
2.3 SEPA Threshold Determination DNS: March 29, 2019
2.4 Planning Commission Public Hearing: April 22, 2019
2.5 Notice of Public Hearing for reaffirmation: April 9, 2021
2.6 Planning Commission Public Hearing for reaffirmation: April 19, 2021
3. Public and Agency Comment:
3.1 Rob Larsen commented on at public hearing on April 22, 2019
4. SEPA Determination:
A Determination of Non -Significance was issued on March 29, 2019, 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 a decision, and the City Council may adopt or adopt
with modifications, amendments to Title 20 if the following criteria are met.
(1) The amendments are 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:
H2(E): Support efforts to provide a variety of housing options:
• Provide for integration of special needs housing within the community by allowing
for government -assisted housing, housing for low-income families, manufactured
housing, group homes, and foster care facilities.
ED5(A): Evaluate and work towards efficiency and effectiveness of all permit process
and codes to ensure requirements and timelines are predictable.
(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.
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Exhibit A
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 the
amendment to Title 20.
Respectfully submitted by:
executive Secretary
Approved by:
Nick Wofford, Chair
PROOF OF PUBLICATION
Angela Hoover
City Of Bremerton
345 6 Th Street Suite 100
Bremerton WA 98337
STATE OF WISCONSIN, COUNTY OF BROWN.
I, being first duly sworn on oath, deposes and says: That 1 am 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
the 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 6
months prior to the date of the publication 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 the 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(s), to
wit: And on
06/04/2021
such newspaper was regularly distributed to its subscribers during
all of said period.
Subscribed and sworn to before on 06/04/2021
Legal C1
Notary, State
6t�Ity of Brown
My commision expires
Publication Cost: $15.85
Order No: 5929610
Customer No: 288797
PO #:
Phase do not use tltcr Jnrm for perrmenl remittance.
SHELLY HOF��
Notary Public
Stake of wisconsin
# of Copies:
1
PO Box 52 173, Phoenix, AZ. 85072-2 ] 73
CITY OF BREMEF' O%J
WAS H I N GTON
ORDINANCE NO. 5422
AN ORDINANCE of the City
Council of
Bremerton,
amending
Municipal
related to
Ad i ustments
Averaging.
the City of
Washington,
the Bremerton
Code Title 20
Boundary Line
and Lot Size
ORDINANCE NO. 5423
AN ORDINANCE of the City
Council of the City of
Bremerton,
amending the
Municipal Code
"Ma nufactu red
minimum width.
Washington,
Bremerton
re l ated to
Homes"
PASSED by the City Council
on the 2nd day of J une 2021.
The full text of this ordi-
nance is available from the
City Clerk's Office, 345 Sixth
Street, Suite 100, Bremerton,
WA 98337.
J u n e 4, 2021
#5929610
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