Ordinance No. 2025-13 Unlisted Uses (Approved 082625)Page 1 of 4
ORDINANCE NO. 2025-13
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to unlisted uses, amending Bainbridge
Island Municipal Code (BIMC) Section 18.09.005 and
Section 2.16.
WHEREAS, on June 12, 2018, the City Council passed Ordinance No. 2018-13
related to Business/Industrial uses; and
WHEREAS, Ordinance No. 2018-13 amended Bainbridge Island Municipal
Code to include a process whereby the Director may make a determination on what type
of permit to administer when an unlisted use is proposed; and
WHEREAS, permitting processes include ministerial, public notice, and public
hearing processes; and
WHEREAS, the code adopted at that time further described that the
determination of what permit process to use was made would be published after the
conclusion of a completed permit process and not at the beginning of that process; and
WHEREAS, on January 10, 2024, the Department of Planning and Community
Development received a request for a determination of an unlisted use for a crematorium;
and
WHEREAS, crematoria are not included in Bainbridge Island Municipal Code
Table 18.09.020 “Use Table;” and
WHEREAS, the Department of Planning and Community Development
responded to the request on February 8, 2024, with a determination that a crematorium
would be a conditional use; and
WHEREAS, the City Council discussed a moratorium on crematoria on April 9,
2024, and as part of the motion indicated a desire for amendments to Section 18.09.005
regarding unlisted uses that provide more clarity and include involvement of the Planning
Commission in determining a permit process for unlisted uses when they are proposed;
and
WHEREAS, procedural actions are exempt from State Environmental Policy Act
per WAC 197-11-800 (19); and
WHEREAS, on March 25, 2025, the City Council discussed amendments to
Section 18.09.005, and on April 22, 2025, the City Council approved a motion to direct
the Planning Commission to review and hold a public hearing on Ordinance No. 2025-13;
and
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WHEREAS, on May 22, 2025, the Planning Commission considered the draft
amendments; and
WHEREAS, on June 12, 2025, the Planning Commission held a public hearing
on the draft amendments and after closing the public hearing, continued discussion of the
ordinance, including amending the ordinance to clarify the ordinance; and
WHEREAS, on June 26, 2025, the Planning Commission discussed one more
amendment to Ordinance No. 2025-13, and unanimously recommended approval to the
City Council; and
WHEREAS, the City Council reviewed the Planning Commission’s
recommendation at a regular business meeting on August 12, 2025.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 18.09.005 of the Bainbridge Island Municipal Code is
hereby amended to read as follows:
18.09.005 Permitted and conditional uses.
Permitted and conditional uses allowed in each zone district are shown in the use table
BIMC 18.09.020. It is recognized that new uses will evolve over time. The director has
the authority to evaluate an application and compare a proposed unlisted use against the
permitted and conditional uses listed in Table 18.09.020. When a proposed use is not
specifically listed in this chapter, the use may be allowed if the director determines that it
is similar to other uses listed, indistinguishable in terms of land use impacts, and
compatible with other uses in the vicinity where it will be located. The director will issue
a notice of decision about whether an unlisted use is allowed or not allowed, pursuant to
the procedures outlined in BIMC 2.16.020.M.7 and 2.16.030.F. The notice of decision
will be combined with issuing other required land use permits, building permits, or
business licenses, as applicable. A permit for an unlisted use may require, as a
prerequisite, application for an unlisted use determination, pursuant to BIMC 2.16.230.
The Department of Planning and Community Development shall maintain a list of
reviewed unlisted uses on the department’s website.
Section 2. Section 2.16 shall be amended to include a new section as follows:
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2.16.230 Unlisted Use Determinations
A. Purpose. Unlisted use determinations are the mechanism by which the city may
provide an avenue for the permitting of uses not otherwise accounted for in Title 18 that
do not require a legislative review of land use regulations.
B. Applicability. Any application for building or land use permit that is not listed as a use
in Title 18 or is not similar enough to a listed use as to be indistinguishable in terms of
land use impacts, as determined by the Director, shall first require the application and
issuance of an unlisted use determination.
C. Procedures. Review of unlisted use determinations shall include all of the following in
the order listed:
1. Application. An applicant may submit an application for an unlisted use
determination including a narrative describing the intended use, the proposed location of
the use, and an analysis of the compatibility of the use with other listed uses in the
vicinity of the proposed location, if applicable.
2. Review and Determination by Planning Commission.
a. The purpose of the Planning Commission review and determination is to
review the unlisted use for consistency with the Comprehensive Plan and to
determine whether the unlisted use shall be processed as permitted (“P”),
conditional (“C”), accessory (“A”), conditional accessory (“CA”), or temporary
(“T”), or if the unlisted use should be prohibited.
b. The Planning Commission shall consider the application at a public
meeting where public comments will be taken.
c. The Planning Commission shall approve, approve with conditions, or
deny the application. In making a determination, the Planning Commission shall
consider the compatibility of the intended use with other allowed uses in the
vicinity of the proposed location. The determination of the Planning Commission
is appealable to the City Council.
d. The Planning Commission will forward its written findings of fact and
conclusions, their determination regarding the unlisted use, and any conditions
associated with the determination, to the Director.
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3.Issuance. The Director shall transmit the determination of the Planning
Commission to the applicant and place the land use or building permits back under
review if no other information is outstanding.
4. Publishing the Unlisted Use Determination. The Director shall publish a Notice
of Unlisted Use Determination in combination with the Notice of Application, pursuant
to the procedures outlined in BIMC 2.16.020.M.4.
5.The Planning Commission may at any time recommend to the City Council that
an unlisted use be addressed through a legislative review of land use regulations as
outlined in BIMC 2.16.180 instead of through the provisions of this section.
Section 3. 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 4. 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 26th day of August, 2025.
APPROVED by the Mayor this 26th day of August, 2025.
Ashley Mathews, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
August 26, 2025
August 29, 2025
September 2, 2025