Ordinance No. 2024-11 Imposing Moratorium on Applications for CrematoriaPage 1 of 3
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ORDINANCE NO. 2024-11
AN ORDINANCE of the City of Bainbridge Island, Washington, imposing a six-
month moratorium on the acceptance and processing of development permit
applications related to crematoria; setting forth preliminary findings in support of
this moratorium; declaring an emergency and establishing an immediate effective
date; stating the effect of the moratorium on vested rights; providing for a public
hearing to be held within 60 days; providing for the moratorium to control if there
are conflicts with City code; providing interpretive authority; and providing for
severability.
WHEREAS, the Bainbridge Island City Council has the authority, pursuant to Article XI,
Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, to
establish moratoria related to land uses; and
WHEREAS, the permitted use table in Bainbridge Island Municipal Code (“BIMC”)
18.09.020 does not list crematoria, but provides that the use may be allowed if the Director of
Planning and Community Development determines that it is similar to other uses listed, and
compatible with other uses in the vicinity where it will be located; and
WHEREAS, the Administrative Manual (December 14, 2021) specifically states that “the
authority to provide an interpretation does not include the authority to add a new permitted (“P”)
or conditional (“C”) use to the use table in BIMC 18.09.020; and
WHEREAS, the City Council has significant concerns about the potential impacts of
crematoria on neighborhood character, air quality, and public health, about whether crematoria
should be a permitted or conditional use, and about the process and criteria by which crematoria
should be evaluated if such use is allowed; and
WHEREAS, based on these and related concerns, the City Council requires additional
time to review the City’s regulations to ensure that crematoria are addressed in an appropriate
manner and are appropriately located in the City, and that an appropriate process is in place to
evaluate permit applications to ensure that any use-specific impacts are addressed and mitigated;
and
WHEREAS, the City Council intends to study this issue with input from the Planning
Commission and the Bainbridge Island community concerning the most appropriate way to
regulate crematoria; and
WHEREAS, because crematoria are not specifically addressed in the permitted uses table
or in the City of Bainbridge Island’s land use regulations, an applicant could vest rights to have an
application considered under the current City codes without the regulations the City Council
anticipates adopting applying to the use, thereby resulting in such uses being inappropriately
located and resulting in impacts that the City codes do not address; and
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WHEREAS, a six-month moratorium on the acceptance and processing of land use
applications for crematoria will provide the City Council with the necessary time to review the
City’s current regulations and make any necessary amendments to address crematoria in an
appropriate manner; and
WHEREAS, the moratorium imposed herein promotes the public good and is necessary
for the protection of the public health, property, safety, and welfare. A public emergency exists
requiring that the moratorium become effective immediately upon adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The recitals set forth above are hereby adopted as the
City’s Council’s initial findings of fact in support of the moratorium established by this ordinance.
The City Council may, in its discretion, adopt additional or revised findings after the public hearing
described in Section 6 below.
Section 2. Declaration of Emergency; Effective Date. The City Council hereby
declares that the moratorium adopted by this ordinance is an emergency measure that is necessary
for the immediate protection of the public health, public safety, public property, and public peace.
This ordinance shall therefore take effect and be in full force immediately upon its adoption.
Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641 (1995), non-
exhaustive underlying facts necessary to support this emergency declaration are included in the
“Whereas” clauses above, all of which are adopted by reference as findings of fact as if fully set
forth in this Section. In addition, as it relates to further explanation, this moratorium is being
imposed to temporarily prevent the acceptance and processing of development permits related to
crematoria. This ordinance or a summary thereof consisting of the title shall be published in the
official newspaper of the City.
Section 3. Moratorium Imposed. Pursuant to Article XI, Section 11 of the
Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, the City hereby imposes
a temporary moratorium on the acceptance and processing of the following applications (“Permit
Applications”):
All building permit applications, subdivision applications, short subdivision
applications, binding site plan applications, site plan review applications, pre-
application consultations, and all other land use applications related to a
crematorium or crematoria.
As used in this ordinance, the terms “crematorium” and “crematoria” mean buildings or
establishments at which bodies of the dead are cremated.
Sections 4. Effect on Vested Rights. The moratorium imposed under Section 3 of this
ordinance shall apply prospectively only and shall operate to prevent acceptance and processing
of Permit Applications submitted after the effective date of this ordinance. Nothing in this
ordinance shall be construed to extinguish, limit, or otherwise infringe on any permit which has
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vested under state law and the City of Bainbridge Island’s regulations prior to the effective date of
this ordinance.
Section 5. Duration of Moratorium. This moratorium shall be in effect for a period
of six months from the date of its enactment and shall automatically expire thereafter unless the
same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless permanent
regulations are adopted and this moratorium is terminated by the City Council.
Section 6. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the
City Council shall hold a public hearing at a Council meeting within 60 days of adoption of this
ordinance in order to take public testimony and to consider adopting further findings of fact.
Section 7. Conflict with Other Provisions of City Code. If the provisions of this
moratorium ordinance are found to be inconsistent or in conflict with other provisions of the
Bainbridge Island Municipal Code, the provisions of this moratorium ordinance shall control.
Section 8. Interpretive Authority. The Bainbridge Island City Manager is hereby
authorized to issue official interpretations arising under or necessitated by this ordinance.
Section 9. Severability. Should any section, paragraph, sentence, clause, or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or
federal law or regulation, such decision or preemption shall not affect the validity of the remaining
portions of this ordinance or its application to other persons or circumstances.
PASSED by the City Council this 23rd day of April, 2024.
APPROVED by the Mayor this 23rd day of April, 2024.
Joe Deets, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: April 19, 2024
PASSED BY THE CITY COUNCIL: April 23, 2024
PUBLISHED: April 26, 2024
EFFECTIVE DATE: April 23, 2024
ORDINANCE NUMBER: 2024-11