Ordinance No. 2024-04 Utility Regulations (Approved 092424)Page 1 of 21
ORDINANCE NO. 2024-04
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to requirements for primary utility development permits, amending BIMC
Section 16.20.100.E.1, Section 16.20.050, Section 16.20.140.G.2, Section
16.20.140.H.5, Section 16.20.190, Section 18.09.030.F.2, Table 18.12.020-
2, Table 18.12.020-3, and Table 18.12.040.
WHEREAS, Goal U-14 of the Utility Element of the City’s Comprehensive Plan
includes a commitment to plan together with the electric service provider to undertake
energy efficiency improvements and other alterations to provide capacity for future
growth and encourages the electric service provider to improve reliability, with particular
attention to adding transmission redundancy and mitigating impacts on service from
storms or other natural events; and
WHEREAS, Puget Sound Energy (PSE) has requested several amendments to
Bainbridge Island’s Municipal Code in order to continue to maintain, upgrade, and install
new electric infrastructure that supports reliability and capacity needs for the City of
Bainbridge Island; and
WHEREAS, primary utilities are defined in the City’s municipal code to include
both parcel-based facilities such as electrical substations as well as linear facilities such
as electrical distribution or transmission lines that may involve many parcels; and
WHEREAS, in accordance with BIMC.2.16.180, Puget Sound Energy applied
for a request to amend the Bainbridge Island municipal code in April 20, 2022;
WHEREAS, City planning staff and PSE engaged in collaborative discussion of
the scope of the request; and
WHEREAS, an updated application for legislative review of land use regulations
was submitted by Puget Sound Energy on February 6, 2024; and
WHEREAS, the Planning Commission considered the Puget Sound Energy
application and draft Ordinance No. 2024-04 on February 22, 2024, March 14, 2024,
March 28, 2024, April 25, 2024, May 23, 2024, June 27,2024, August 23, 2024; and
WHEREAS, after timely and proper notice the Planning Commission held a
public hearing on Ordinance No. 2024-04 on August 23, 2024; and
WHEREAS, the Planning Commission moved to recommend approval related to
amendments to the BIMC code sections 16.20.100.E.1, 16.20.050, 16.20.140.G.2,
16.20.140.H.5, 16.20.190, and 18.09.030.F.2 and tables 18.12.020-2, 18.12.020-3 and
18.12.040 to the City Council; and
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WHEREAS, notice was given on July 3, 2024, to the Office of Community
Development at the Washington State Department of Commerce in conformance with
RCW 36.70A.106; and
WHEREAS, on July 3, 2024, the City’s SEPA Responsible Official issued a
Determination of Nonsignificance in accordance with State Environmental Policy Act
regulations (WAC 197-11-340(2)); and
WHEREAS, on September 10, 2024 the City Council discussed the Planning
Commission recommendation on Ordinance No. 2024-04.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 16.20.100.E.1 of the Bainbridge Island Municipal Code is
hereby amended to read as follows:
1. Any proposed development or activity requiring a site assessment review (SAR)
pursuant to Chapters 15.19 and 15.20 BIMC located within the R-0.4, R-1 or R-2
zoning designations requires designation of an ARPA; except, designation of an
ARPA is not required for the following:
a. Removal of invasive species;
b. Construction of public trails provided the standards set forth in BIMC
16.20.110.G.5.a through e are met;
c. Replacement of hard surfaces; and
d. Development and activities located on properties protected in perpetuity by a
legal instrument acceptable to the city attorney wherein at least 65 percent of
the site meets the development standards for aquifer recharge protection areas
of this section; and
e. Activities related to the installation, upgrade, and maintenance of primary
utility facilities, when located on property not owned in fee by the utility,
provided the applicant submits a vegetation restoration plan for approval by the
City Arborist unless the vegetation management and mitigation provisions
within BIMC 16.12 and/or BIMC 16.20 provide greater net functions and
values within the shoreline or for a critical area. A proposed vegetation
restoration plan shall include:
i. Tree inventory showing all trees to be removed within the project
area including location, number, and size of proposed trees to be
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removed. Size shall be provided in both diameter at breast height
(DBH) in inches and estimated canopy square footage.
ii. A minimum of the following ratios for each tree removed: 2:1 for
trees removed that are up to 24 inches at diameter breast height
(DBH), 3:1 for trees between 25 inches and 47 inches DBH, and 4:1
for trees 48 inches DBH and larger, or demonstrate equal canopy
coverage replacement within 30 years. Replacement trees may be
planted at a nearby location. Additional tree planting may be required
based on site specific conditions, to the satisfaction of the City
Arborist.
iii. Shrubs and other vegetation may be substituted for trees in
locations where trees are infeasible or inappropriate due to
compatibility with utility use, pending review and approval by the
City Arborist.
iv. Replacement vegetation shall demonstrate an emphasis on the use
of native and/or climate resilient species.
Section 2. Section 16.20.050 of the Bainbridge Island Municipal Code is
hereby amended to read as follows:
A. Existing Structures and Related Improvements. Structures and related
improvements that were legally built or vested prior to the effective date of the
ordinance codified in this chapter that do not meet the requirements of this chapter
may continue to exist in their present form, and may be altered, including remodeled,
reconstructed, or expanded, if such alteration complies with the provisions of this
section and all other applicable sections of this chapter.
B. Existing buildings that were legally built or vested prior to the effective date of the
ordinance codified in this chapter may be altered only one time within the lifetime of
the structure, and:
1. The expansion of the footprint is outside a landslide hazard area or landslide
hazard area setback unless required for safety or seismic upgrades;
2. Any expansion of the footprint is located only within a critical area buffer. No
expansion of the footprint is allowed within a wetland or fish and wildlife habitat
conservation area;
3. Any expansion of the footprint within a critical aquifer recharge area is located
outside the aquifer recharge protection area pursuant to BIMC 16.20.100.E.
4. Cantilevers over critical areas are not allowed;
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5. The expansion of the footprint at ground level does not exceed 500 square feet;
6. Any expansion of the footprint is used only as indoor living space or to
accommodate accessibility;
7. Any expansion of the footprint is no closer to the critical area than the existing
footprint; and
8. If a building is harmed or destroyed by more than 50 percent of its square
footage, the building must be reconstructed in compliance with the requirements of
this chapter.
C. Existing property improvements other than buildings, including driveways, parking
areas, yards and landscaped areas, play areas, storage areas, decks less than five feet in
height, patios, and similar improvements that were legally established or vested prior
to the effective date of the ordinance codified in this chapter may be altered if:
1. Any alteration is in substantially the same location as the original property
improvement;
2. Any expansion of the footprint is located only within the required buffer. No
expansion of the footprint is allowed within the critical area itself and cantilevers
over critical areas are not allowed;
3. Any expansion of the footprint is no closer to the critical area than the existing
footprint; and
4. Any expansion of the footprint within a critical aquifer recharge area is located
outside the aquifer recharge protection area pursuant to BIMC 16.20.100.E.
D. Existing electric transmission and distribution lines that traverse or are directly
located in wetlands, may be altered, maintained and upgraded in ways that do not meet
the precise terms of an exempt activity in BIMC 16.20.040 if:
1. The applicant demonstrates that the proposed alterations, maintenance or
upgrades provide the least impact to regulated wetlands necessary in order to
provide utility services to the public;
2. The alteration, maintenance or upgrade is the minimum necessary and there is
no practicable alternative location or construction activity with less adverse impact
on the functions and values of the critical area;
3. Replaced poles shall not be moved more than 20 feet from the original location.
New poles added as part of an upgrade must be installed within a 20 foot distance
of the existing distribution and/or transmission line infrastructure.
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a. If the applicant can demonstrate a lower overall impact to the wetland, new
or replaced poles may be located farther than 20 feet from existing
infrastructure with a minor conditional use permit.
4. Proposed vegetation removal is unavoidable and is demonstrated to be a present
or future danger to the transmission or distribution lines. Vegetation removal shall
follow the procedure under BIMC 16.20.090.C. Any area of disturbance shall be
revegetated with appropriate native vegetation at not less than preconstruction
functions and values or greater, upon completion of construction or within a
timeframe proposed to and approved by the Director. The Director retains the right
to require additional mitigation if the proposed revegetation does not sufficiently
protect the functions and values of the wetland and its buffer. The utility shall
ensure that such vegetation survives or is replanted if the replanting fail within a
minimum of five years;
5. The alteration, maintenance or upgrade does not pose an unreasonable threat to
the public health, safety, or welfare on or off the development proposal site; and
6. The alteration, maintenance or upgrade avoids and minimizes the impact on
critical areas in accordance with required mitigation sequencing under BIMC
16.20.030 and demonstrates no net loss as defined in BIMC 16.20.190.A.59, and is
consistent with best available science.
7. The Director may require additional mitigation measures if they are deemed
necessary in accordance with the required mitigation sequencing described in
BIMC 16.20.030.
D. E. Buffer modifications pursuant to BIMC 16.20.110 and 16.20.140 shall not be
granted for existing development.
E. F. Alterations permitted by this section must comply with other applicable city code
or land use review requirements and require submittal of a critical areas permit
application in accordance with the permit and review procedures required for the
affected critical area(s). (Ord. 2018-01 § 2 (Exh. A), 2018)
Section 3. Section 16.20.140.G.2 of the Bainbridge Island Municipal Code is
hereby amended to read as follows:
2. The following development, uses and activities are prohibited in Category I and II
wetlands:
a. Fish hatchery;
b. Golf course;
c. Mineral extraction;
d. Public facility;
e. Public communications tower;
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f. New public road/street;
g. New private access road or driveway;
h. Stormwater retention/detention facility; or
i. Primary utility. Exceptions for electric transmission and distribution lines
may apply under BIMC 16.20.050.D for existing development or under
BIMC 16.20.140.H.5 for new development.
Section 4. Section 16.20.140.H.5 of the Bainbridge Island Municipal Code is
hereby amended to read as follows:
5. Utilities. Installation of utilities within wetlands or their required buffers may be
allowed when the following standards are met:
a. Construction of new utilities outside the road right-of-way or an existing
utility corridor may be permitted in wetlands or wetland buffers, only when no
reasonable alternative location is available and the utility meets the
requirements for installation, replacement of vegetation and maintenance
outlined below, and as required in the filing and approval of applicable permits
and special reports required by this chapter.
b. Sewer or On-Site Sewage Utility. Construction of sewer lines or on-site
sewage systems may be permitted in wetland buffers only when:
i. The applicant demonstrates it is necessary to meet state and/or local
health code minimum design standards (not requiring a variance for either
horizontal setback or vertical separation); and/or
ii. There are no other practicable or reasonable alternatives available and
construction meets all other applicable requirements of this section. Joint
use of the sewer utility corridor by other utilities may be allowed.
c. New utilities shall not be allowed when the wetland or buffer has known
locations of federal- or state-listed endangered, threatened, monitored or
sensitive species, heron rookeries or nesting sites of raptors which are listed as
species of concern, except in those circumstances where an approved habitat
management plan indicates that the utility corridor will not significantly impact
the wetland or wetland buffer.
d. New utility construction and maintenance shall protect the wetland and
buffer environment by utilizing the following methods:
i. New utilities shall be aligned to avoid tree removal to the greatest extent
practicable.
ii. Any area of disturbance resulting from installation of a utility shall be
revegetated with appropriate native or equivalent vegetation at
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preconstruction densities or greater, immediately upon completion of
construction, or as soon thereafter as possible, if due to seasonal growing
constraints. The utility or landowner responsible for installation shall
ensure that such vegetation survives.
iii. Any access for maintenance shall be provided as much as possible at
specific points, rather than by parallel roads. If parallel roads are necessary,
they shall be of a minimum width but no greater than 15 feet; and shall be
contiguous to the location of the utility corridor on the side away from the
wetland. Mitigation will be required for any additional access through
restoration of vegetation in disturbed areas.
iv. The director may require additional mitigation measures.
v. Utility maintenance shall include the following measures to protect the
wetland and buffer environment:
A. Painting of utility equipment such as power towers shall not be
sprayed or sandblasted. Lead-based paints are prohibited.
B. No pesticides, herbicides or fertilizers may be used in wetland areas
or their buffers except those approved by the U.S. Environmental
Protection Agency (EPA) and Washington Department of Ecology and
applied by a licensed applicator in accordance with the safe application
practices on the label.
e. Construction of new distribution and transmission utility lines in Category
III and IV wetlands shall follow the provisions in BIMC 16.20.140.H.5.a
through d. Construction of new distribution and transmission lines may be
permitted in Category II wetlands and their buffers provided all the other
applicable sections of this chapter are met, and:
i. The applicant demonstrates that the inability to impact Category II
wetlands would unnecessarily restrict the ability to provide utility
services to the public;
ii. There is no practicable alternative location with less adverse impact
on the functions and values of the impacted Category II wetland.
iii. Construction of the utility where impacts to a Category II wetland
cannot be avoided is within or directly adjacent to an existing road
right-of-way;
iv. The construction of new distribution and transmission utility lines
does not pose an unreasonable threat to the public health, safety, or
welfare on or off the development proposal site; and
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v. The construction of new distribution and transmission utility lines
avoids and minimizes the impact on critical areas in accordance with
required mitigation sequencing and demonstrates no net loss as
described in BIMC 16.20.030, and is consistent with best available
science.
Section 5. Section 16.20.190 of the Bainbridge Island Municipal Code is
hereby amended to read as follows:
A. For the purposes of this chapter, the following definitions shall apply:
1. “Accessibility” means that a building or structure can be independently used by
people with a variety of disabilities.
2. “Adverse impact” means a condition that creates, imposes, aggravates, or leads
to inadequate, unsafe, or unhealthy conditions on a site.
3. “Agricultural activities” means the normal actions associated with the production
of crops such as plowing, cultivating, minor drainage, and harvesting; and/or
raising or keeping of livestock, including operation and maintenance, and repair of
farm and stock ponds, drainage ditches, irrigation systems, and normal operation,
maintenance, and repair of existing serviceable agricultural structures, facilities, or
improved areas.
4. “Alteration” means a human-induced action that changes the existing conditions
of a critical area or its buffer and results in the modification of the existing
topography, stability, vegetation, hydrology, wildlife or wildlife habitat.
5. “Alteration, structure” means a change, modification or adjustment.
6. “Anadromous fish” means fish whose life cycle includes time spent in both salt
and fresh water.
7. “Applicant” means a person, corporation, or organization that files an application
for a land use or development permit with the city and that is either the owner of the
land on which that proposed activity would be located, or the authorized agent of
such a person.
8. “Aquifer recharge protection area” means a portion of a development site
comprised of native or equivalent vegetation in which existing vegetation,
topography and supporting soils are free of development, uses or activities
detrimental to the aquifer recharge of the total site area.
9. “Arborist” means an individual engaged in the profession of arboriculture who,
through experience, education, and related training, possesses the competence to
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provide for or supervise the management of trees and other woody plants. Must be
concurrently an International Society of Arboriculture (ISA) certified arborist to
perform any role required of a certified arborist.
10. “Arborist, ISA certified” means an arborist holding a current International
Society of Arboriculture (ISA) certified arborist credential.
11. “Arborist, tree risk assessment qualified (TRAQ)” means an arborist who has
successfully completed the International Society of Arboriculture (ISA) TRAQ
training course and assessment and holds a valid ISA TRAQ credential.
12. “Bank stabilization” means modification used for the purpose of preventing
erosion, protecting channels, and retaining uplands.
13. “Biodiversity areas and corridors” means areas of habitat that are relatively
important to various species of native fish and wildlife.
a. Biodiversity Areas.
i. The area has been identified as biologically diverse through a
scientifically based assessment conducted over a landscape scale (e.g.,
ecoregion, county- or city-wide, watershed, etc.). Examples include but
are not limited to WDFW local habitat assessments, Pierce County
biodiversity network, and Spokane County’s wildlife corridors and
landscape linkages; or
ii. The area is within a city or an urban growth area (UGA) and contains
valuable fish or wildlife habitat and is mostly comprised of native
vegetation. Relative to other vegetated areas in the same city or UGA, the
mapped area is vertically diverse (e.g., multiple canopy layers, snags, or
downed wood), horizontally diverse (e.g., contains a mosaic of native
habitats), or supports a diverse community of species as identified by a
qualified professional who has a degree in biology or closely related field
and professional experience related to the habitats or species occurring in
the biodiversity area. These areas may have more limited wildlife
functions than other priority habitat areas due to the general nature and
constraints of these sites in that they are often isolated or surrounded by
highly urbanized lands.
b. Corridors. Corridors are areas of relatively undisturbed and unbroken tracts
of vegetation that connect fish and wildlife habitat conservation areas, priority
habitats, areas identified as biologically diverse, or valuable habitats within the
city.
14. “Best available science” (BAS) means scientifically valid information derived
in accordance with WAC 365-195-900 through 365-195-925, or as amended, that is
used to develop and implement critical areas policies or regulations.
15. “Best management practices” (BMPs) means conservation practices or systems
of practices and management measures that:
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a. Control soil loss and protect water quality from degradation caused by
nutrients, animal waste, toxins, and sediment;
b. Minimize adverse impacts to surface water and groundwater flow, and to
the chemical, physical, and biological characteristics of critical areas;
c. Protect trees, vegetation and soils designated to be retained during and
following site construction and use native plant species appropriate to the site
for revegetation of disturbed areas; and
d. Provide standards for proper use of chemical herbicides within critical areas.
e. BMPs are defined by the United States Department of Agriculture, the State
of Washington Department of Agriculture, the Washington State Department
of Ecology, Washington State Department of Health, Kitsap conservation
district, and other professional organizations.
16. “Bog” means a low-nutrient, acidic wetland with organic soils and characteristic
bog plants, as described in Washington State Wetland Rating System for Western
Washington: 2014 Update (Ecology Publication No. 14-06-29, October 2014).
17. “Buffer” means a designated area contiguous to a wetland or stream intended to
protect the wetland or stream and be an integral part of the wetland or stream
ecosystem.
18. “Coppicing” means managing of strongly regenerative species of trees and
shrubs by an initial heading cut (leaving a stump) and allowing new shoots to grow
to maintain live roots. Shoots may be reduced to their point of origin at appropriate
intervals of time without disturbing the resulting coppice head (stump).
19. “Critical aquifer recharge area” means areas with a critical recharging affect on
aquifers used for potable water, including areas where an aquifer that is a source of
drinking water is vulnerable to contamination that would affect the potability of the
water, or is susceptible to reduced recharge.
20. “Critical areas” means aquifer recharge areas, fish and wildlife habitat
conservation areas, frequently flooded areas, geologically hazardous areas, and
wetlands.
21. “Critical facilities” means facilities that are essential to the health and welfare
of the community, including services that protect life and property. Such facilities
include, but are not limited to, hospitals, emergency clinics, police and fire stations,
emergency vehicle and equipment storage facilities, emergency operations centers,
aviation control centers, and utility facilities such as sewage treatment plants and
electric transmission substations.
22. “Critical habitat” means a habitat identified by U.S. Fish and Wildlife Service
or the National Marine Fisheries Service as habitat necessary for survival of
endangered or threatened species.
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23. “Cutting, vegetation” means the removal of the main trunk or stem of a small
tree for the purposes of controlling aggressive or weedy species.
24. “Designated centers” means those areas of the Island referred to as Winslow,
Lynwood Center, Island Center, Rolling Bay, Day Road and Sportsman Triangle
and shown on Figure LU-3 in the city’s 2017 comprehensive plan.
25. “Development” means any action that would require land use review or other
approval from the city or other local, state or federal jurisdiction. “Development”
includes, but is not limited to: land division; construction, reconstruction, structural
alteration, relocation, or enlargement of any structure; clearing or grading; and
changes to surface or groundwaters.
26. “Development area” means the area of land disturbing activity on a site.
27. “Director” means the director of the city’s planning and community
development department or his/her designee.
28. “Educational or scientific activities” means controlled and/or supervised
scientific activities or educational activities that are associated with an educational
or scientific program that result in no adverse impacts to critical areas or their
buffers.
29. “Engineering geologist” means a practicing engineering geologist who has at
least four years of professional employment as an engineering geologist with
experience in landslide evaluation, and a Washington State specialty license in
engineering geology as specified in Chapter 18.220 RCW.
30. “Erosion hazard area” means those areas containing soils which, according to
the United States Department of Agriculture Natural Resource Conservation
Service Soil Survey Program, may experience significant erosion. Erosion hazard
areas also include coastal erosion-prone areas and channel migration areas.
31. “Estuarine, wetland” means a vegetated wetland that is predominantly tidal, as
described in Washington State Wetland Rating System for Western Washington:
2014 Update (Ecology Publication No. 14-06-29, October 2014).
32. “Existing development” means a development that was lawfully constructed,
approved or established prior to the effective date of the ordinance codified in this
chapter.
33. “Fish” means species of the vertebrate taxonomic groups Cephalospidomorphi
and Osteichthyes.
34. “Fish and wildlife habitat conservation areas” means areas that serve a critical
role in sustaining needed habitats and species for the functional integrity of the
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ecosystem and which, if altered, may reduce the likelihood that the species will
persist over the long term. These areas may include, but are not limited to, rare or
vulnerable ecological systems, communities, and habitat or habitat elements
including seasonal ranges, breeding habitat, winter range, and movement corridors;
and areas with high relative population density or species richness.
“Fish and wildlife habitat conservation areas” does not include such artificial
features or constructs as irrigation delivery systems, irrigation infrastructure,
irrigation canals, or drainage ditches that lie within the boundaries of, and are
maintained by, a port district or an irrigation district or company.
35. “Fish habitat” means habitat which is used by any fish at any life stage at any
time of the year, including potential habitat likely to be used by fish which could be
recovered by restoration or management and includes off-channel habitat.
36. “Fisheries biologist” means a person with experience and training in fisheries
who is able to submit substantially correct reports on fish population surveys,
stream surveys and other related data analyses of fisheries resources. “Substantially
correct” means that technical or scientific errors, if any, are minor and do not delay
or affect the site plan review process. Qualifications of a fisheries biologist include:
a. Either:
i. Certification by the American Fisheries Society; or
ii. Bachelor of Science degree in fisheries or the biological sciences from
an accredited institution and five years of professional fisheries
experience; and
b. The prior successful completion of at least three habitat management plans.
37. “Frequently flooded areas” means lands subject to at least a one percent or
greater chance of flooding in any given year, or within areas subject to flooding due
to high ground water. These areas include, but are not limited to, streams, lakes,
coastal areas, wetlands and areas where high ground water forms ponds on the
ground surface. (See Chapter 15.16 BIMC, Flood Damage Prevention.)
38. “Functions and values” means the natural processes and beneficial roles
performed or provided by critical areas including, but not limited to, water quality
and quantity protection and enhancement, providing fish and wildlife habitat,
supporting terrestrial and aquatic food chains, providing flood storage, conveyance
and attenuation, groundwater recharge and discharge, erosion control, wave
attenuation, protecting aesthetic value, and providing recreational and educational
opportunities. These roles are not listed in order of priority.
39. “Geologically hazardous areas” means areas susceptible to significant erosion,
sliding, or other geological events. They pose a threat to the health and safety of
citizens when used as sites for incompatible commercial, residential or industrial
development. Geologically hazardous areas include erosion hazard areas, landslide
hazard areas, and seismic hazard areas.
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40. “Geotechnical engineer” means a practicing geotechnical/civil engineer who
has a valid Washington engineering license and a valid certificate of registration in
civil engineering, at least four years of professional employment as a geotechnical
engineer with experience in landslide evaluation, and appropriate training and
experience as specified in Chapter 18.43 RCW.
41. “Habitat management plan” (HMP) means a report prepared by a professional
wildlife biologist or fisheries biologist which discusses and evaluates critical fish
and wildlife habitat functions and identifies and evaluates measures necessary to
maintain, enhance and improve terrestrial and/or aquatic habitat on a proposed
development site.
42. “Habitat of local importance” means an area representing either high quality
habitat for native terrestrial or aquatic species or habitat which is of limited
availability, highly vulnerable to alteration, or provides landscape connectivity
which contributes to the integrity of the surrounding landscape and which is not
adequately protected by other city, state or federal policies, laws, regulations, or
nonregulatory tools that prevent degradation of the habitat or its associated species.
These may include areas of high relative density or species richness, breeding
habitat, winter range, and movement corridors such as breeding areas or human-
made ponds.
43. “Hazard tree” means a tree that has significant structural defects that are likely
to lead to failure and possibly cause injury or damage as identified in a report from
an International Society of Arboriculture (ISA) tree risk assessment qualified
(TRAQ) arborist. In the case of steep slopes, a hazard tree can also be a tree that is
a hazard to stability of the slope, as determined by a geotechnical engineer.
44. “Hazardous substances” means any liquid, solid, gas, or sludge, including any
material, substance, product, commodity, or waste, regardless of quantity, that
exhibits any of the characteristics or criteria of hazardous waste as specified in
RCW 70.105.010.
45. “Hedge” means a line of closely-spaced trees and/or shrubs intentionally
planted and/or maintained along a property boundary or landscape border for
privacy, screening, safety, or similar function, which typically requires ongoing
pruning or shearing to maintain its intended function and/or reasonable use of
nearby developed areas.
46. “Hydric soil” means soil which is saturated, flooded, or ponded long enough
during the growing season to develop anaerobic conditions in the upper part.
47. “Hydrogeologist” means a practicing hydrogeologist who has at least four years
of professional employment as a hydrogeologist with experience in the specific
subject area in which they are providing a report, and a Washington specialty
license in hydrogeology as specified in Chapter 18.220 RCW.
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48. “Hydrophyte or hydrophytic vegetation” means plant life growing in water or
on a substrate that is at least periodically deficient in oxygen as a result of excessive
water content.
49. “Invasive/exotic species” means (a) nonnative (or alien) to the ecosystem under
consideration and (b) whose introduction causes or is likely to cause economic or
environmental harm or harm to human health, or as amended by the United States
Department of Agriculture National Invasive Species Information Center (NISIC).
50. “Land disturbing activity” means any activity that results in a change in the
existing soil cover (both vegetative and nonvegetative) and/or the existing soil
topography. Land disturbing activities include, but are not limited to, clearing,
grading, filling and excavation. Compaction that is associated with stabilization of
structures and road construction shall also be considered a land disturbing activity.
Vegetation maintenance practices are not considered land disturbing activity.
Stormwater facility maintenance is not considered “land disturbing activity” if
conducted according to established standards and procedures.
51. “Land divisions” means any division of land subject to the city’s subdivision
design standards (Chapter 17.12 BIMC).
52. “Landslide hazard areas” means areas which are at risk of mass movement due
to a combination of geologic, topographic, and hydrologic factors. Landslide hazard
areas include the following:
a. Areas characterized by slopes greater than 15 percent having springs or
groundwater seepage and having impermeable soils (typically silt and clay)
overlain or frequently interbedded with permeable granular soils
(predominantly sand and gravel);
b. Any area potentially unstable due to rapid stream incision or stream bank
erosion;
c. Any area located on an alluvial fan, debris flow deposit, or in a debris
flowpath, presently or potentially subject to impacts or inundation by debris
flows or deposition of stream-transported sediments;
d. Any area with a slope of 40 percent or greater and with a vertical relief of
10 or more feet except areas composed of competent consolidated rock;
e. Any area designated or mapped as class U, UOS, or URS by the Department
of Ecology Coastal Zone Atlas and/or mapped as a landslide or scarp on the
USGS Surface Geology Map of Bainbridge Island (Haugerud, 2001).
53. “Landslide hazard area setback” means an area contiguous to a landslide hazard
area sufficient in depth to meet the development standards set forth in
BIMC 16.20.130 as determined by a geological hazards assessment prepared in
accordance with BIMC 16.20.180, Critical area reports.
54. “Liquefaction” means a process in which a water-saturated soil, upon shaking,
suddenly loses strength and behaves as a fluid.
Page 15 of 21
55. “Low impact development (LID)” means a stormwater and land use
management strategy that strives to mimic predisturbance hydrologic processes of
infiltration, filtration, storage, evaporation and transpiration by emphasizing
conservation, use of on-site natural features, site planning, and distributed
stormwater management practices that are integrated into a project design.
56. “Low impact development best management practices (LID BMPs)” mean
distributed stormwater management practices, integrated into a project design, that
emphasize predisturbance hydrologic processes of infiltration, filtration, storage,
evaporation and transpiration. LID BMPs include, but are not limited to:
bioretention, rain gardens, permeable pavements, roof downspout controls,
dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs,
and water reuse.
57. “Native or equivalent vegetation” means species which are indigenous to the
Puget Sound lowlands ecoregion; or a species that is equivalent in providing the
same site-specific functional arrays as would the native species. “Functional arrays”
may include forage, floodwater restraint, hiding habitat, or other physical or
biologic roles in the ecosystem, that singly or in combination correspond to those of
the native species. As with natives, the role of an equivalent species may vary
depending on the site and its surrounding ecosystem. Invasive/exotic species shall
not be considered equivalent species.
58. “Natural pruning system” means a pruning system intended to maintain a tree’s
characteristic growth pattern and adaptations that may allow for changes in
appearance to achieve certain specified objectives per ANSI A300 (Part 1 – 2017).
59. “No net loss” means the maintenance of the aggregate total of the city’s critical
areas functions and values over time. The no net loss standard requires that the
impacts of a proposed use and/or development, whether permitted or exempt from
permit requirements, be identified and mitigated on a project-by-project basis, so
that as development occurs critical areas functions and values stay the same.
60. “Normal maintenance” means those usual acts to prevent a decline, lapse or
cessation from a lawfully established condition. Normal maintenance does not
include:
a. Use of fertilizer or pesticide application in wetlands, fish and wildlife
habitat conservation areas, or their buffers;
b. Redigging ditches in wetlands or their buffers to expand the depth or width
beyond the original ditch dimensions;
c. Redigging existing drainage ditches to drain wetlands on lands not classified
as existing and ongoing agriculture under BIMC 16.20.040 (Exemptions).
61. “Normal repair” means activities to restore a structure or use to a state
comparable to original condition, including but not limited to size, shape,
Page 16 of 21
configuration, location and external appearance, within a reasonable period after
decay or partial destruction.
62. “Ordinary high water mark” means the mark on the shores of all waters, which
will be found by examining the beds and banks and ascertaining where the presence
and action of waters are so common and usual, and so long continued in all
ordinary years, as to mark upon the soil a character distinct from that of the abutting
upland, in respect to vegetation; provided, that in any area where the ordinary high
water mark cannot be found, the ordinary high water mark adjoining freshwater
shall be the line of mean high water.
63. “Pollarding” means a pruning system that maintains crown size by initial
heading of branches on young trees, followed by removal of shoots to their point of
origin at appropriate intervals without disturbing the resulting pollarding head.
64. “Pruning” means the selective removal of plant parts to achieve defined
objectives.
65. “Pruning amount” means the quantity of plant parts removed at one pruning,
expressed in terms of a number of branches or other parts removed, and/or
percentage of the crown or buds removed on an entire tree or specific branches.
66. “Ravine” means a V-shaped landform generally having little to no floodplain
and normally containing steep slopes, which is deeper than 10 vertical feet as
measured from the centerline of the ravine to the top of the slope. Ravines are
typically created by the wearing action of streams. The top of the slope is
determined where there is a significant change in the slope to generally less than a
15 percent slope.
67. “Reasonable alternative” means an activity that could feasibly attain or
approximate a proposal’s objectives, but at a lower environmental cost or decreased
level of environmental degradation.
68. “Reasonable use exception (RUE)” is a means of relief that is available for a
property that is encumbered to such an extent by critical areas and/or critical area
buffers that application of this chapter would deny all reasonable use of the subject
property, as further defined by the decision criteria of BIMC 16.20.080.
69. “Redevelopment” means, on a site that is already substantially developed (i.e.,
has 35 percent or more of existing impervious surface coverage), the creation or
addition of impervious surfaces; the expansion of a building footprint or addition or
replacement of a structure; construction, installation or expansion of a building or
other structure; replacement of impervious surface that is not part of a routine
maintenance activity; and land disturbing activities.
Page 17 of 21
70. “Removal, vegetation” means to eliminate the presence or hazard of unwanted
vegetation.
71. “Seismic hazard areas” means areas subject to severe risk of damage as a result
of earthquake induced ground shaking, slope failure, settlement, soil liquefaction,
debris flows, or tsunamis. The following areas are considered seismic hazard areas:
a. Seismic Landslide Hazard Areas. Slopes which are stable in nonearthquake
periods, but fail and slide during ground shaking;
b. Liquefaction Hazard Areas. Areas of cohesionless, loose or soft saturated
soils of low density in association with a shallow groundwater table that are
subject to settlement and/or liquefaction from ground shaking; or
c. Fault Hazard Areas. Areas of known surface rupture or significant surface
deformation as a result of an active fault movement, including 50 feet on either
side.
72. “Shrub” means a woody perennial plant, usually with several stems that may be
erect or close to the ground, generally smaller than a tree.
73. “Significant tree” means a deciduous tree greater than 12 inches in diameter at
four feet high and an evergreen tree greater than 10 inches in diameter at four feet
high.
74. “Site” means the entire lot, series of lots, or parcels on which a development is
located or proposed to be located, including all contiguous undeveloped lots or
parcels under common ownership.
75. “Species of local importance” means those species that are of local concern due
to their population status or their sensitivity to habitat alteration.
76. “Streams” means those areas in the city of Bainbridge Island where the surface
water flows are sufficient to produce a defined channel or bed. A defined channel or
bed is an area which demonstrates clear evidence of the passage of water and
includes but is not limited to bedrock channels, gravel beds, sand and silt beds, and
defined-channel swales. The channel or bed need not contain water year round.
This definition is not meant to include irrigation ditches, canals, storm or surface
water runoff devices, or other artificial watercourses unless they are used by fish or
used to convey streams naturally occurring prior to construction.
77. “Stream types” means a streams classification system based on fish usage and
perennial or seasonal water regime as found in WAC 222-16-030 and meeting the
standards listed below:
a. “Type F stream” means a stream that has fish habitat. Waters having the
following characteristics are presumed to meet the physical criteria for fish
use: Stream segments having a defined channel of two feet or greater within
the bankfull width and having a gradient of 16 percent or less. Also, stream
segments having a defined channel of two feet or greater within the bankfull
Page 18 of 21
width and having a gradient greater than 16 percent and less than or equal to
20 percent, and having greater than 50 acres in contributing basin size based
on hydrographic boundaries.
b. “Type Np” means all segments of natural waters within the bankfull width
of defined channels that are perennial nonfish habitat streams. “Perennial
streams” are waters that do not go dry any time of a year of normal rainfall.
However, for the purpose of water typing, Type Np waters include the
intermittent dry portions of the perennial channel below the uppermost point of
perennial flow.
c. “Type Ns” means all segments of natural waters within the bankfull width
of the defined channels that are not Type S, F, or Np waters. These are
seasonal, nonfish habitat streams in which surface flow is not present for at
least some portion of a year of normal rainfall and are not located downstream
from any stream reach that is a Type Np water. Ns waters must be physically
connected by an aboveground channel system to marine waters, Type F, or Np
waters.
78. “Tree” means a woody perennial plant with single or multiple trunks, which
typically develop a mature size of over several inches diameter, and 10 or more feet
in height.
79 “Upgrade” means activities that involve replacement of existing infrastructure,
or replacing equipment with equipment that meets different operational standards
and/or adds capacity to the system. Upgrades shall not include expansions or
extensions of existing infrastructure.
79 80. “Wetland” means areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include, but are not limited to, swamps, estuaries, marshes, bogs, ponds less than 20
acres, including their submerged aquatic beds and similar areas. Wetlands do not
include those artificial wetlands intentionally created from nonwetland sites,
including, but not limited to, irrigation and drainage ditches, grass-lined swales,
canals, stormwater facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1, 1990, that were
unintentionally created as a result of the construction of a road, street, or highway.
“Wetlands” include those legally established artificial wetlands intentionally
created from nonwetland areas to mitigate the conversion of wetlands.
80 81. “Wetland boundary” means the boundary or outer edge of a wetland as
delineated in accordance with the federal wetland delineation manual and
applicable regional supplements (as updated), as required by WAC 173-22-035.
81 82. “Wetland category” means category as defined in Washington State Wetland
Rating System for Western Washington – 2014 Update (Ecology Publication No.
14-06-029, October 2014), or as revised and adopted by the department.
Page 19 of 21
82 83. “Wetlands specialist” means a person with experience and training in
wetland issues who is able to submit substantially correct reports on wetland
delineations, classifications, functional assessments and mitigation plans.
“Substantially correct” means that errors, if any, are minor and do not delay or
affect the site plan review process. Qualifications of a wetlands specialist include:
a. Either:
i. Certification as a professional wetland scientist (PWS) or wetland
professional in training (WPIT) through the Society of Wetland
Scientists; or
ii. Bachelor of Science degree in the biological sciences from an
accredited institution and five years of professional field experience; and
b. The prior successful completion of at least three wetland reports.
83 84. “Wildlife biologist” means a person with experience and training in the
principles of wildlife management and with practical knowledge in the habits,
distribution and environmental management of wildlife. Qualifications include:
a. Either:
i. Certification as a professional wildlife biologist through the Wildlife
Society; or
ii. Bachelor of Science or Bachelor of Arts degree in wildlife
management, wildlife biology, ecology, zoology, or a related field from
an accredited institution and five years of professional field experience;
and
b. The prior successful completion of at least three habitat management plans.
84 85. “Wildlife habitat” means a seasonal range or habitat element with which a
given species has a primary association, and which, if altered, may reduce the
likelihood that the species will maintain and reproduce over the long-term. These
include areas of relative density or species richness, breeding habitat, winter range,
and movement corridors. These also include habitats of limited availability or high
vulnerability to alteration, such as cliffs, streams and wetlands.
85 86. “Zone of influence” means an area, usually upslope from a geologically
hazardous area, where changes in land use and hydrology can affect the stability of
the geologically hazardous area. The “zone of influence” is defined as 300 feet
upslope from slopes greater than 40 percent, and 200 feet upslope from slopes
greater than 15 percent but less than 40 percent that are determined to be
geologically hazardous areas. (Ord. 2018-01 § 2 (Exh. A), 2018)
Section 6. Section 18.09.030.F.2 of the Bainbridge Island Municipal Code is
hereby amended to read as follows:
2. Utility, Primary.
Page 20 of 21
a. Primary utility facilities and equipment are subject to standards in BIMC
16.12.030.C.7, Utilities (Primary and Accessory), and BIMC 16.20.130.C.11,
critical areas regulations.
b. Replacement, maintenance or upgrade of existing poles and equipment within or
adjacent to an existing utility corridor or right-of-way is considered a permitted
(“P”) use. A new pole added along an existing distribution or transmission line that
is within 20 feet of the existing infrastructure and does not exceed the height of both
adjacent poles is considered part of an upgrade to that utility corridor. New
distribution or transmission line poles that exceed the height of both adjacent poles
require minor conditional use approval.
i. Replacement, maintenance or upgrade of a distribution utility pole or a
transmission utility pole exceeding the height and/or location standards
established in Table 18.12.040 Table 18.12.020-2 and Table 18.12.020-3 or
moving more than 20 feet from the original location shall require minor site
plan review minor conditional use approval in accordance with BIMC 2.16.040
prior to installing the replacement pole.
Section 7. Table 18.12.020-2 of the Bainbridge Island Municipal Code is
hereby amended as shown in Exhibit A.
Section 8. Table 18.12.020-3 of the Bainbridge Island Municipal Code is
hereby amended as shown in Exhibit B.
Section 9. Table 18.12.040 of the Bainbridge Island Municipal Code is hereby
amended as shown in Exhibit C.
Section 10. 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.
Section 11. This ordinance shall take effect and be in force five (5) days
from its passage and publication as required by law.
PASSED by the City Council this 24th day of September 2024.
APPROVED by the Mayor this 24th day of September 2024.
Joe Deets, Mayor
Page 21 of 21
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: September 6, 2024
PASSED BY THE CITY COUNCIL: September 24, 2024
PUBLISHED: September 27, 2024
EFFECTIVE DATE: October 2, 2024
ORDINANCE NUMBER: 2024-04
Exhibit A to Ordinance No. 2024-04
EXCERPT Table 18.12.020-2 Standard Lot Dimensional Standards for Residential Zone Districts
ZONING DISTRICT
R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14 DIMENSIONAL
STANDARD
MAXIMUM BUILDING AND STRUCTURE HEIGHT [4]
Note: Bonus may not be available in the shoreline jurisdiction
All lots
Base 30 ft. 30 ft. 25 ft. 30 ft. 35
Bonus for
Nonresidential Uses
If Conditional Use
Permit Conditions
Met
35 ft. 35 ft. 30 ft.
35 ft. 40 ft. 40 ft. See
BIMC 18.12.030.B
Distribution utility
poles
55 feet in height above grade. Alternative height limits may apply if additional conditional use permit provisions
of BIMC Title 2.16.050.F are met. See BIMC 18.09.030.F.2 for use standards.
Transmission utility
poles
Up to a 25 percent increase above existing pole height above grade with a maximum height of 100 feet.
Alternative height limits may apply if additional conditional use permit provisions of BIMC Title 2.16.050.F are
met. See BIMC 18.09.030.F.2 for use standards.
Exemption Alternative height limits may apply for nonresidential uses if additional conditional use permit provisions of
BIMC Title 2 are met. Some encroachments through height limits are permitted under BIMC 18.12.040.
Shoreline
Jurisdiction
See Table 16.12.030-2, Dimensional Standards Table, and BIMC 16.12.030.B.3.i, Regulations – Shoreline
Structure Setback View Requirement.
Exhibit A to Ordinance No. 2024-04
[4] For community and educational facilities (as listed in Table 18.09.020), spires, towers and other vertical features with horizontal cross-
sections no more than five percent of the footprint of the primary structure may have a maximum height of 10 feet above the maximum base
height, and shall be reviewed through a conditional use permit.
Exhibit B to Ordinance No. 2024-04
EXCERPT Table 18.12.020-3 Standard Lot Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts
ZONING DISTRICT Winslow Mixed Use Town Center
HSR I
and II NC B/I WD-I DIMENSIONAL
STANDARD
Central
Core
Overlay
Madison
Avenue
Overlay
Ericksen
Avenue
Overlay
Gateway
Overlay
Ferry Terminal
Overlay [See
BIMC 18.12.030.C]
MAXIMUM BUILDING AND STRUCTURE HEIGHT [5]
Note: Bonus may not be available in the shoreline jurisdiction
Base 35 ft.; 25
ft. max.
south of
Parfitt
25 ft.; 35
ft. north
of High
School
Road
25 ft. 35 ft. BIMC 18.12.030.C
standard height
north of Winslow
Way; 35 ft. south of
Winslow Way
35 ft. 35 ft. 35 ft. 35 ft. except that
Chapter 16.12 BIMC
applies within
shoreline jurisdiction
Bonus 1 if
parking under
building [6]
45 ft.; 35
ft. south
of Parfitt
35 ft.; 45
ft. north
of High
School
Road
35 ft. 45 ft. BIMC 18.12.030.C
optional height north
of Winslow Way; 45
ft. south of Winslow
Way
45 ft.
Bonus 2 for
Nonresidential
Uses with Major
Conditional Use
Permit
45 ft. 45 ft. 45 ft.
Distribution
utility poles
55 feet in height above grade. Alternative height limits may apply if additional conditional use permit
provisions of BIMC Title 2.16.050.F are met. See BIMC 18.09.030.F.2 for use standards.
Exhibit B to Ordinance No. 2024-04
Transmission
utility poles
Up to a 25 percent increase above existing pole height above grade with a maximum height of 100
feet. Alternative height limits may apply if additional conditional use permit provisions of BIMC Title
2.16.050.F are met. See BIMC 18.09.030.F.2 for use standards.
Bonus 3
Structure Height
Alternative height limits may apply if the conditional use permit provisions of BIMC Title 2 are met. Some
encroachments through height limits are permitted under BIMC 18.12.040.
[5] When property adjoins a lower density residential zone, except in the ferry terminal district, north of Winslow Way, for the first 30 feet of the building from the property line of
an adjoining lower density residential zone, the building height shall be the building height of the adjoining lower density residential zone. Optional building height allowed in the
adjoining lower density residential district through a conditional use permit may be requested for projects within the mixed use town center and high school road zones through the
site plan review process. For building height requirements in the ferry terminal district, north of Winslow Way, reference BIMC 18.12.030.C.
[6] The bonus height is available when parking is located underground or under the occupiable space of the planned building. If parking is located under 50 percent or less of
the occupiable space, the bonus may only be used for a portion of the building footprint twice as large as the area with parking located beneath.
[7] The bonus density is available when provisions of BIMC 18.21.050 are met and all bonus FAR is applied to the residential component of the mixed use development.
Exhibit C to Ordinance No. 2024-04
EXCERPT Table 18.12.040: Permitted Setback/Height Modifications
Type of Encroachment
Encroachment
Permitted Conditions
Permitted Setback Modifications
Fence or combined fence
and berm up to 6 feet
high
In any required setback
subject to applicable
regulations in BIMC
Title 15
Except as provided in BIMC 18.12.040.B
and Chapter 16.12 BIMC
Nonscreening fences or
combined nonscreening
fence and berm up to 8
feet high
In any required setback
subject to applicable
regulations in BIMC
Title 15
Except as provided in Chapter 16.12 BIMC
Chimneys, flues,
awnings, bay windows,
and greenhouse windows
Up to 18 inches into any
required setback
Covered porches, bay
windows and eaves
within the Ericksen
Avenue overlay district
Up to 5 feet into the front
yard
Bay windows must be cantilevered outward
from the wall, and may not result in any
portion of the building floor area extending
into the setback
Any structures, including
but not limited to
uncovered steps,
porches, and decks less
than or equal to 30
inches in height
Up to 2 feet into front
and side setbacks. Up to
5 feet into required rear
setbacks.
Exhibit C to Ordinance No. 2024-04
Eaves May extend up to 24
inches in any required
setback except shoreline
structure setback
At or near grade
structures such as
uncovered patios,
sidewalks, and driveways
In any required setback May not exceed 4 inches in height
Signs In any required setback Must conform to Chapter 15.08 BIMC
Overhead or
underground Primary
Utilities and Aaccessory
Uutilities when they are
not the principal use of
the site
In any required setback,
perimeter or roadside
buffer
Must conform to
Chapters 16.12 and 16.20 BIMC. Does not
apply to above ground utilities such as
propane tanks.
Composting bins In side or rear setback
areas
Bioretention/rain gardens In any required setback In accordance with Chapter 15.20 BIMC
Rain barrels/cisterns In any required setback In accordance with Chapter 15.20 BIMC
Wall-mounted on-
demand hot water
heaters
Up to 18 inches into side
or rear setbacks
Permitted if buffered or enclosed to prevent
noise impacts to neighboring properties
Below-ground
geothermal equipment
In any required setback,
perimeter or roadside
buffer
Must conform to
Chapters 16.12 and 16.20 BIMC. Permitted
Exhibit C to Ordinance No. 2024-04
if any excavated areas are promptly
relandscaped after installation is complete.
Rockeries and retaining
walls less than 4 feet in
height
In any required setback Rockeries and retaining walls greater than
4 feet in height may be permitted with
qualified geotechnical engineer
determination, and city concurrence, that it
is necessary for slope stabilization.
Public communications
tower
In any required setback
subject to applicable
regulations in BIMC
Title 15
Must conform to
Chapters 16.12 and 16.20 BIMC
Permitted Height Modifications
Small wind energy
generators
Up to 18 inches above
the maximum building
height in the district
Solar panels Up to 18 inches above
the maximum building
height in the district
Noncommercial,
nonparabolic antennas
affixed to noncommercial
communication towers
Up to 50 feet in height
above grade
One flagpole per parcel Up to 45 feet in height
above grade
Exhibit C to Ordinance No. 2024-04
Public communications
tower
Up to 120 feet in height
above grade
A building permit is required for a public
communications tower. A conditional use
permit shall be required for a public
communications tower to be constructed
between 71 feet and 120 feet above grade.
A public communications tower shall not
exceed 120 feet in height.
Distribution utility poles Up to 55 feet in height
above grade
Replacement poles over 55 feet in height,
see BIMC 18.09.030.F.2.b. For new
distribution utility facilities or corridors, see
Table 18.09.020. Poles shall not be moved
more than 20 feet from the original location
unless permitted under
BIMC 18.09.030.F.2.b.
Transmission utility poles Up to a 25 percent
increase above existing
pole height above grade
with a maximum height
of 100 feet
Replacement poles over the 25 percent
increase or 100 feet in height, see
BIMC 18.09.030.F.2.b. For new
transmission utility facilities or corridors,
see Table 18.09.020. Poles shall not be
moved more than 20 feet from the original
location unless permitted under
BIMC 18.09.030.F.2.b.
Utility structures existing
on the effective date of
the ordinance codified in
this subsection
Existing height May also be replaced or modified;
provided, that the structure is not larger or
taller than the original structure and is not
moved more than 20 feet from its original
location.