Ordinance No. 2025-18 Noise Variance Amendment (Approved 081225)Page 1 of 2
ORDINANCE NO. 2025-18
AN ORDINANCE of the City of Bainbridge Island, Washington,
amending Section 16.16.030 of the Bainbridge Island Municipal Code
relating to the variance procedure from noise regulations; changing the
approval body from the Planning Commission to an administrative
decision; providing for severability; and establishing an effective date.
WHEREAS, the City adopted Ordinance 2001-04 on January 24, 2001,
regulating noise levels from environmental sources and adopting by reference selected
sections of the Washington Administrative Code (WAC), chapter 173-60; and
WHEREAS, requests for variances from noise regulations are processed by the
Planning Commission and the Planning Commission receives approximately two to five
noise variance requests per year; and
WHEREAS, the Planning Commission unanimously recommended to the City
Council that the noise variance procedures in BIMC 16.16.030 be changed to make noise
variances an administrative review.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 16.16.030 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
A variance from the provisions of BIMC 16.16.020 may be granted by the director
planning commission. For any such variance, application shall be made in writing and
upon forms provided by the city and no variance shall be granted for longer than 30 days,
except after a public hearing has been held. The director may prescribe appropriate
conditions and safeguards, and may condition issuance of a variance on an agreement
setting forth conditions, safeguards and assurances. The director planning commission
may, in their its discretion, require hold a public hearing be held on any application when
substantial public interest is shown. Any person may appeal the granting or denial of a
variance by the director planning commission by filing an appeal with the Pollution
Control Hearing Board pursuant to Chapter 43.21B RCW under the procedures of
Chapter 371-08 WAC
Section 2. 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
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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 3. 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 12th day of August, 2025.
APPROVED by the Mayor this 12th day of August, 2025.
Ashley Mathews, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: August 8, 2025
PASSED BY THE CITY COUNCIL: August 12, 2025
PUBLISHED: August 15, 2025
EFFECTIVE DATE: August 19, 2025
ORDINANCE NUMBER: 2025-18