A. In accordance with RCW 36.70A.545, the city shall allow a density bonus consistent with this section for properties owned or controlled by a religious organization. For the purposes of this section, “religious organization” is defined as provided in RCW 36.70A.545. All projects governed by this section shall comply with RCW 36.70A.545 and the requirements set forth in this section.

B. Pilot Project Phase. In order to implement the requirements of RCW 36.70A.545 consistent with local needs, the city will utilize a pilot project phase as part of a broader application and implementation of the regulations. Initially, implementation of this section shall be limited to the only request from a religious organization for an increased density bonus for an affordable housing development that the city has received related to RCW 36.70A.545, as of adoption of the ordinance codified in this section, which relates to the approximately eight-acre property collectively known as “Bethany Lutheran Church,” located at the southwest intersection of NE High School Road and Sportsman Club Road NE and zoned R-0.4. The pilot project phase shall be in effect until December 31, 2027. Beginning January 1, 2028, the pilot project phase of these regulations will no longer be in effect and this section will apply to all requests submitted in accordance with RCW 36.70A.545 and this code, regardless of the location of the property within the city’s jurisdictional limits.

C. All projects shall comply with existing land use permit review procedures depending on the type of housing development that is proposed. Multifamily housing shall be reviewed in accordance with the site plan and design review process set forth in BIMC 2.16.040, and subdivisions shall be reviewed in accordance with the short or long subdivision process set forth in BIMC 2.16.070 or 2.16.125 (respectively), unless specifically modified by this section.

D. All projects shall be subject to applicable residential development standards for BIMC Titles 15, 16, 17, and 18, unless specifically modified by this section. All projects shall comply with the requirements of the city and the Kitsap Public Health District for providing drinking water and on-site septic, if applicable.

E. Project Density Bonus. The density for projects may be increased above the base density as follows; provided, that all other applicable provisions of this code are met:

1. For projects within the Mixed Use Town Center/HSR I and II zones (where bonus density for affordable housing is otherwise governed by BIMC 18.12.030.E), bonus density shall be governed by Table 18.12.020-3 and the maximum floor area ratios depicted therein.

2. For projects within the Neighborhood Center zones (where bonus density for affordable housing is otherwise governed by BIMC 18.12.030.D), density may be increased as follows: one additional unit per acre beyond what is already provided as bonus for projects not served by public sewer, and two additional units per acre beyond what is already provided as bonus for projects served by public sewer.

3. For all other projects in Residential zoning districts (otherwise governed by Chapter 18.21 BIMC), density may be increased as follows:

a. For projects within the Winslow Subarea Plan Study Area or within one quarter mile of the Winslow Subarea Plan Study Area:

b. For all other projects in Residential zoning districts:

F. Accessory Dwelling Units (“ADU”). ADUs are prohibited for projects governed by this section.

G. Affordable Housing. All dwelling units planned and constructed through this section shall meet the following requirements:

1. All units shall be used exclusively for affordable housing purposes for at least 99 years.

2. Housing units shall be used as the primary residence of a low income household. “Low income households” are defined as set forth in RCW 36.70A.545.

3. Unless otherwise specified, the price of affordable housing units shall be based on the requirements set forth in RCW 36.70A.545.

4. An agreement in a form approved by the city shall be executed by the applicant, or its successor organization, and recorded with the Kitsap County Auditor’s Office, requiring the affordable housing to remain for 99 years. This agreement shall be a covenant running with the land, binding on assigns, heirs, and successors of the applicant.

5. The city shall require documentation to be signed through the land use and building permitting processes to ensure ongoing compliance with the income requirements.

6. The city may approve a formula, based on a form prepared by the city and submitted by the applicant when a project application is submitted for review, for calculating maximum affordable prices for sales subsequent to the initial sale to allow modest growth in homeowner equity while maintaining long term affordability for future buyers.

H. Parking. The amount of parking shall be determined as part of a transportation study or mobility assessment.

I. The maximum dwelling unit size shall be limited to 1,400 square feet.

J. Projects proposed and constructed on the same property(ies) as existing buildings may result in a permitted mixed-use property.

K. Projects proposed and constructed under this section shall comply with the Fair Housing Act which prohibits discrimination in housing because of race, color, national origin, religion, sex (including gender identity and sexual orientation), familiar status, or disability. (Ord. 2022-02 § 4, 2022)