Ordinance No. 2024-21 Define and Prohibit Crematoria in all Zoning Districts (Approved 092424) (2)Page 1 of 4
ORDINANCE NO. 2024-21
AN ORDINANCE of the City of Bainbridge Island, Washington, amending BIMC
18.36.010 and BIMC Table 18.09.020 to define and prohibit crematoria in all
zoning districts of the City; and terminating the moratorium imposed by Ordinance
N0. 2024-11.
WHEREAS, crematoria are not defined in Section 18.36.010 of the Bainbridge Island
Municipal Code (“BIMC”) and are not listed among the land uses addressed in BIMC 18.09.020;
and
WHEREAS, on April 23, 2024, the Bainbridge Island City Council adopted Ordinance
No. 2024-11, imposing a moratorium on the acceptance and processing of applications for
crematoria for a period of six months to allow the City to determine if the use was appropriate for
location in the zoning districts of the City and, if so, in which districts and under which conditions;
and
WHEREAS, on June 25, 2024, the City Council directed the City Manager to direct staff
to prepare materials for the Bainbridge Island Planning Commission to consider whether the use
should be permitted in Bainbridge Island and under what regulations; and
WHEREAS, on July 19, 2024, the City Planning Director and Planning Manager issued a
staff report for the Planning Commission and City Council on three alternatives relating to
crematoria; and
WHEREAS, the Planning Director and the Planning Manager recommended that
crematoria be prohibited in all zoning districts of the City based upon the inconsistency of
crematoria with policies in the City’s Comprehensive Plan and Climate Action Plan, and based
upon the potential impacts of crematoria on neighborhood character, air quality, and public health;
and
WHEREAS, the Planning Commission studied the issue of crematoria at its meeting of
July 25, 2024 and set a public hearing for August 22, 2024 on the alternatives presented in the staff
report prepared by the Planning Director and Planning Manager; and
WHEREAS, the City Planning Director, acting as the City’s SEPA Responsible Official,
issued a Determination of Nonsignificance for the crematoria alternatives on August 6, 2024, and
WHEREAS, the public hearing was held before the Planning Commission on August 22,
2024, and, after closing the public hearing, the Planning Commission accepted the
recommendation of the Planning Director and Planning Manager and recommended to the City
Council that this ordinance be adopted with an amendment to the definition of crematorium; and
WHEREAS, pursuant to RCW 36.70A.106, the City notified the Washington State
Department of Commerce on August 2, 2024, of the City’s intent to adopt the regulations set forth
in this ordinance; and
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WHEREAS, the City Council considered the Planning Commission’s recommendation at
the Council’s meetings of September 10, 2024, and September 24, 2024, and determined to adopt
the Commission’s recommendation; and
WHEREAS, Section 5 of Ordinance No. 2024-11 provides for the moratorium to be
terminated upon adoption of permanent regulations relating to crematoria, such as those set forth
in this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON DOES ORDAIN AS FOLLOWS:
Section 1. Rationale. The following is adopted as the City’s rationale for enacting the
regulations set forth in this ordinance:
There exists on Bainbridge Island significant documented public concern related to
potential human health impacts from crematorium air emissions during
combustion. Recent modeling from a proposed new moratorium in a nearby
jurisdiction showed emissions estimates that exceeded acceptable standards.
Additional testing will be required for that facility, and potentially additional
controls required for approval; however, even if a crematorium can be permitted
through that process, there is only one actual test that is required of the facility after
construction. An emission test from a constructed facility may confirm that
emissions are within the limits specified in the approved permits, but such a test is
only conducted once. A crematorium would not be inspected for its emissions limits
again unless a complaint is submitted. These regulations do not give strong
assurance that the public concerns related to human health impacts are unwarranted.
Other concerns include the reliance on propane and increased greenhouse gas
emissions. The Climate Action Plan’s goals and objectives focused on shifting
business greenhouse gas emissions away from fossil-based fuels do not support
permitting a crematorium given that they rely solely on propane. Adopted policies
in the Comprehensive Plan’s Economic Element call for supporting businesses that
are compatible with community values (Policy EC 1.2); adding a crematorium that
relies solely propane for its operations would not be compatible with community
values related to climate action. Allowing crematoria would not promote business
practices that protect the Island’s natural beauty, as is called for in Goal EC-3.
Allowing crematoria would not measurably add to the City meeting its employment
target, growth of a more diverse workforce or add to local tax bases in any
significant fashion (Goals EC-3, EC-7, EC-10). In terms of land use, there are no
Comprehensive Plan goals or policies that indicate any zoning districts appropriate
for such a use. Policy LU 4.10 identifies the Conservation Area as appropriate for
residential, recreational, agricultural, habitat and open space uses, and Goal EC-15
calls for the Business/Industrial zones to provide space for job creating enterprises.
There does not exist in the Comprehensive Plan or other adopted plans any
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compelling reason to permit crematoria, nor any particular policy support in favor
of allowing crematoria anywhere on Bainbridge Island.
Section 2. Crematorium Defined. The following definition is added to BIMC
18.36.010:
“Crematorium” means a building or buildings, or other establishments at which
bodies of the dead are cremated.
Section 3. Crematoria Prohibited. The “Public and Institutional” Uses section of
BIMC Table 18.09.020 is amended to prohibit crematoria in all zoning districts of the City and to
read as set forth on Exhibit A to this ordinance.
Section 4. Termination of Moratorium. Upon the effective date of the permanent
regulations set forth in this ordinance, the moratorium established by Ordinance No. 2024-11 is
terminated.
Section 5. 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 6. Effective Date. This ordinance shall take effect and be in full force five
(5) days after 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
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
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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 NO. 2024-21
EXHIBIT A
EXCERPT of Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use Additional use restrictions for
Chapters 16.12 and 16.20 BIMC may apply to
shoreline or critical area properties “C” = Conditional Use
“CA” = Conditional
Accessory Use
Blank = Prohibited Use “T” = Temporary Use
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
Winslow Mixed Use
Town Center
HSR
I
and
II
NC B/I WD-
I
Use-Specific
Standards
BIMC 18.09.030 USE CATEGORY/TYPE CC MA EA Gate Ferry
[1]
PRINCIPAL USES
Other Public and Institutional
Cemetery C C C
Crematorium
Day Care Center C C C C C C C C C C P P P P P P P C-5
Family Day Care Home P P P P P P P P P P P P P P P P P C-6
Health Care Facility C C C C C C C C C P P P P P C P P C-7