ORD 95-13 ZONINGORDINANCE NUMBER 95-13
AN ORDINANCE of the City of Bainbridge Island, Washington, regarding an
amendment to the zoning ordinance clarifying the height of structures and the
height of buildings, specifically adding Section 18.06.906 and amending
Sections 18.12.070, 18.15.070, 18.18.070, 18.21.070, 18.24.070, 18.27.070,
18.30.070, 18.33.070, 18.36.070, 18.39.070, 18.42.070, 18.45.070,
18.48.070, 18.51.070, 18.54.070, 18.57.070, 18.60.070, 18.63.070,
18.66.070, 18.69.070, 18.72.070, 18.75.070, and 18.111.070 of the
Bainbridge Island Municipal Code.
WHEREAS, Ordinance 92-08 was passed on February 20, 1992; and
WHEREAS, clarification is needed regarding the height of structures;
WHEREAS, A public hearing was conducted before the Planning Commission December 22,
1994; and
WHEREAS, a recommendation for approval was transmitted to the city council on March 9,
1995, per Section 18.114.070 of the Bainbridge Island Municipal Code; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 18.06.906 of Chapter 18.06, Definitions, of the Bainbridge Island
Municipal Code is added to read:
18.06.906 Structure height.
"Structure height" means the highest point above grade of a structure other than a building. except as
otherwise provided by this code.
Section 2. Section 18.12.070 of Chapter 18.12, R-14, 14 UNITS PER ACRE ZONE (3100
SQUARE FEET), of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.12.070 Building hHeight limitations.
A. The building height is 35 feet, except that atracmrca buildings up to 40 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; and (4) solar access of neighboring lots
is not reduced.
B. Structure height is 35 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
Ord.# 95-13, Building/Structure Height Amendment
Page 1
May 25, 1995
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 3. Section 18.15.070 of Chapter 18.15, R-8, 8 UNITS PER ACRE ZONE (5400
SQUARE FEET), of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.15.070
A.
Building hHeight limitations.
The building height is 35 feet, except that ~tv.:cP~rc~ buildings up to 40 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; and (4) solar access of neighboring lots
is not reduced.
Structure height is 35 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit; 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.
Section 4. Section 18.18.070 of Chapter 18.18, R-6, 6 UNITS PER ACRE ZONE (6543
SQUARE FEET), of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.18.070
A.
B,
Building hHeight limitations.
The building height is 30 feet, except that ntr',:cturc,~ buildings up to 35 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18. 108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; and (4) solar access of neighboring lots
is not reduced.
Structure height is 30 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height; (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit; (6) utility poles 50 feet or less in height shall
Ord.# 95-13, Building/Structure Height Amendment
Page 2
May 25, 1995
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 5. Section 18.21.070 of Chapter 18.21, R-4.3, 4.3 UNITS PER ACRE ZONE
(10,000 SQUARE FEET), of the Bainbridge Island Municipal Code is hereby amended to read as
follows:
18.21.070 Building hHeight limitations.
A, The building height is 25 feet, except that ~truzParc,~ buildings up to 30 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; and (4) solar access of neighboring lots
is not reduced.
B. Structure height is 25 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
SeCtion 6- Section 18.24.070 of Chapter 18.24, R-3.5, 3.5 UNITS PER ACRE ZONE
(12,500 SQUARE FEET), of the Bainbridge Island Municipal Code is hereby amended to read as
follows:
18.24.070
A.
Building hHeight limitations.
~.The building height is 25 feet, except that ~',r.'-c~"ar~ buildings up to 30 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18. 108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; and (4) solar access of neighboring lots
is not reduced.
Structure height is 25 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
Ord.# 95-13, Building/Structure Height Amendment
Page 3
May 25, 1995
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 7. Section 18.27.070 of Chapter 18.27, R-2.9, 2.9 UNITS PER ACRE ZONE
(15,000 SQUARE FEET), of the Bainbridge Island Municipal Code is hereby amended to read as
follows:
18.27.070
A.
Building hHeight limitations.
The building height is 25 feet, except that st:",:cP.:ros buildings up to 30 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; and (4) solar access of neighboring lots
is not reduced.
Structure height is 25 feet, except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 8. Section 18.30.070 of Chapter 18.30, R-2, 2 UNITS PER ACRE ZONE (20,000
SQUARE FEET), of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.30.070
A.
Building hHeight limitations.
The building height is 30 feet, except that atr-'-c,,",:rcs buildings up to 35 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; and (4) solar access of neighboring lots
is not reduced.
Structure height is 30 feet, except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
Ord.# 95-13, Building/Structure Height Amendment
Page 4
May 25, 1995
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
SectiOn 9. Section 18.33.070 of Chapter 18.33, R-l, I UNIT PER ACRE ZONE (40,000
SQUARE FEET), of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.33.070 Building hHeight limitations.
A. The building height is 30 feet, except that ~tr,:cP.:rc,~ buildings up to 35 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; and (4) solar access of neighboring lots
is not reduced.
B. Structure height is 30 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits; and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 10. Section 18.36.070 of Chapter 18.36, R-0.4, 0.4 UNITS PER ACRE ZONE
(100,000 SQUARE FEET), of the Bainbridge Island Municipal Code is hereby amended to read as
follows:
18.36.070
A.
B,
Building hHeight limitations.
The building height is 30 feet, except that ~truc,"~reg buildings up to 35 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; and (4) solar access of neighboring lots
is not reduced.
Structure height is 30 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
Ord.# 95-13, Building/Structure Height Amendment
Page 5
May 25, 1995
may be replaced without a conditional use permit: 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.
Section 11. Section 18.39.070 of Chapter 18.39, COMMERCIAL, CENTRAL BUSINESS
DISTRICT, of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.39.090
A.
Building hHeight limitations.
The building height is 35 feet, except that stmcmrea buildings up to 45 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; (4) solar access of neighboring lots is
not reduced; (5) one foot of setbacks in addition to minimum yard requirements is provided for
each additional foot of building height allowed.
Structure height is 35 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 12. Section 18.42.070 of Chapter 18.42, COMMERCIAL, MADISON AVENUE
DISTRICT, of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.42.080
A.
B,
Building hHeight limitations.
The building height is 35 feet, except that atracture~ buildings up to 45 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; (4) solar access of neighboring lots is
not reduced; (5) one foot of setbacks in addition to minimum yard requirements is provided for
each additional foot of building height allowed.
Structure height is 35 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
Ord.# 95-13, Building/Structure Height Amendment
Page 6
May 25, 1995
may be replaced without a conditional use permit: 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.
Section 13. Section 18.45.070 of Chapter 18.45, COMMERCIAL, NORTH CITY CENTER
DISTRICT, of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.45,080 Building hHeight limitations.
A. The building height is 35 feet, except that strucP.:rca buildings up to 45 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18. 108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; (4) solar access of neighboring lots is
not reduced; and (5) one foot of setbacks in addition to minimum yard requirements is provided
for each additional foot of building height allowed, provided setbacks from residential zones
and public rights-of-way shall be a minimum of 15 feet or setbacks from residential zones may
be satisfactory with an equivalent amount of landscaped, publicly accessible open space on the
property, as approved during the project review process.
B. Structure height is 35 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 14. Section 18.48.070 of Chapter 18.48, COMMERCIAL, LOWER ERICKSEN
DISTRICT, of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.48.080 Building hHeight limitations.
A. The building height is 25 feet, except that atruc,".'.rea buildings up to 35 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; (4) solar access of neighboring lots is
not reduced; (5) one foot of setbacks in addition to minimum yard requirements is provided for
each additional foot of building height allowed.
B. Structure height is 25 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
Ord.# 95-13, Building/Structure Height Amendment
Page 7
May 25, 1995
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 15. Section 18.51.070 of Chapter 18.51, COMMERCIAL, UPPER ERICKSEN
DISTRICT, of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.51.070 Building hHeight limitations.
A. The building height is 35 feet, except that str,:c, ture; buildings up to 45 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; (4) solar access of neighboring lots is
not reduced; and (5) one foot of setbacks in addition to minimum yard requirements is
provided for each additional foot of building height allowed.
B. Structure height is 35 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 16. Section 18.54.070 of Chapter 18.54, COMMERCIAL, FERRY TERMINAL
DISTRICT, of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.54.080 Building hHeight limitations.
A. The building height is 35 feet, except that ~tructure~ buildings up to 45 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; (4) solar access of neighboring lots is
not reduced; and (5) one foot of setbacks in addition to minimum yard requirements is provided
for each additional foot of building height allowed.
B. Structure height is 35 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
Ord.# 95-13, Building/Structure Height Amendment
Page 8
May 25, 1995
parcel without requiring a conditional use permit; (6) utility poles 50 feet or less in height shall
not require conditional use permits; and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 17. Section 18.57.070 of Chapter 18.57, COMMERCIAL, HIGH SCHOOL ROAD
DISTRICT, of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.57.080 Building hHeight limitations.
A. The building height is 35 feet, except that ~trueturca buildings up to 45 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; (4) solar access of neighboring lots is
not reduced; and (5) one foot of setbacks in addition to minimum yard requirements is provided
for each additional foot of building height allowed.
B. Structure height is 35 feet, except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial, non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5') one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 18. Section 18.60.070 of Chapter 18.60, COMMERCIAL, LOWER MADISON
WATERFRONT DISTRICT, of the Bainbridge Island Municipal Code is hereby amended to read as
follows:
18.60.070 Building hHeight limitations.
A. Except as provided in subsections B and D, buildings or structures may be up to 25 feet high
within 200 feet of the shoreline and south of the north boundary of ParfiR Way extended to the
shoreline.
B. Proposed buildings or structures between 25 and 35 feet high within 200 feet of the shoreline
and south of the north boundary of Parfitt Way extended to the shoreline may be allowed as a
conditional use if it is demonstrated that (I) view opportunities are not substantially reduced;
(2) fire flow is adequate; (3) no unstable slopes or soils are on the building site; (4) solar
access of neighboring lots is not reduced; and (5) cnc one-half foot of setbacks in addition to
minimum yard requirements is provided for each additional foot of building or structure height
allowed; and (6) utility structures existing on the effective date of this ordinance that are
taller than 50 feet may be replaced provided that the structure is not enlarged. altered or
moved.
Ord.# 95-13, Building/Structure Height Amendment
Page 9
May 25, 1995
C,
Except as provided in subsections B and D, buildings or structures more than 200 feet from the
shoreline or north of ParfiR Way extended to the shoreline are to be no more than 40 feet high.
Buildings or structures more than 200 feet from the shoreline or north of Par~tt Way extended
to the shoreline may be more than 35 feet high under a conditional use permit if it is
demonstrated that (1) view opportunities are not impeded; (2) fire flow is adequate; (3) no
unstable slopes or soils are on the building site; (4) solar access of neighboring lots is not
reduced; ~,.n~ (5) cnc one-half foot of setbacks in addition to minimum yard requirements is
provided for each additional foot of building or structure height allowed: and (6) utility
structures existing on the effective date of this ordinance that are taller than 50 feet may be
replaced provided that the structure is not enlarged. altered or moved.
Section 19. Section 18.63.070 of Chapter 18.63, COMMERCIAL, GATEWAY DISTRICT,
of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.63.080
B,
Building hHeight limitations.
The building height is 35 feet, except that atr.:c.~ares buildings up to 45 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18. 108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; (4) solar access of neighboring lots is
not reduced; (5) one foot of setbacks in addition to minimum yard requirements is provided for
each additional foot of building height allowed.
Structure height is 35 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 20. Section 18.66.070 of Chapter 18.66, COMMERCIAL, ISLAND BUSINESS
DISTRICT, of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.66.070
A.
Building hHeight limitations.
The building height is 35 feet, except that atructurca buildings up to 45 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; (4) solar access of neighboring lots is
not reduced; and (5) one foot of setbacks in addition to minimum yard requirements is provided
for each additional foot of building height allowed.
Structure height is 35 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
Oral.# 95-13, Building/Structure Height Amendment
Page 10
May 25, 1995
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 21. Section 18.69.070 of Chapter 18.69, COMMERCIAL, ISLAND TRADE
DISTRICT, of the Bainbridge Island Municipal Code is hereby amended to read as follows:
18.69.070
A.
B,
Building hHeight limitations.
The building height is 35 feet, except that atr.:c,",:ros buildings up to 45 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18.108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; (4) solar access of neighboring lots is
not reduced; (5) one foot of setbacks in addition to minimum yard requirements is provided for
each additional foot of building height allowed.
Structure height is 35 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section 22. Section 18.72.070 of Chapter 18.72, LIGHT MANUFACTURING ZONE, of the
Bainbridge Island Municipal Code is hereby amended to read as follows:
18.72.070
A.
Building hHeight limitations.
The building height is 35 feet, except that ~tructurc, s buildings up to 45 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18. 108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; (4) solar access of neighboring lots is
not reduced; and (5) one foot of setbacks in addition to minimum yard requirements is provided
for each additional foot of building height allowed.
Structure height is 35 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) structures shall not be permitted in required yards
Ord.# 95-13, Building/Structure Height Amendment
Page 11
May 25, 1995
except as otherwise authorized by this code: (2) for lot lines abutting residential zones. each
yard requirement shall be increased one-half foot for every foot above the maximum structure
height: (3) non-commercial. non-parabolic antennae affixed to non-commercial communication
towers that are 50 feet or less in height above grade shall not require conditional use permits:
(4) one flag pole 45 feet or less in height may be placed on a parcel without requiring a
conditional use permit: (5) utility poles 50 feet or less in height shall not require conditional use
permits: and (6) utility structures existing on the effective date of this ordinance that are taller
than 50 feet shall not be considered nonconforming structures and may be replaced without a
conditional use permit provided that the structure is not larger or taller than the original
structure and is not moved more than 20 feet from the original location.
Section 23. Section 18.75.070 of Chapter 18.75, INDUSTRIAL ZONE, of the Bainbridge
Island Municipal Code is hereby amended to read as follows:
18.75.070
A.
Building hHeight limitations.
The building height is 35 feet, except that atv,:.2turca buildings up to 45 feet may be allowed
under a conditional use permit if, in addition to the requirements of Chapter 18. 108 it is
demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site; (4) solar access of neighboring lots is
not reduced; and (5) one foot of setbacks in addition to minimum yard requirements is provided
for each additional foot of building height allowed.
Structure height is 35 feet. except that taller structures may be allowed with the issuance of a
conditional use permit provided that (1) view opportunities are not substantially reduced:
(2) structures shall not be permitted in required yards except as otherwise authorized by this
code: (3) each yard requirement shall be increased one-half foot for every foot above the
maximum structure height: (4) non-commercial. non-parabolic antennae affixed to non-
commercial communication towers that are 50 feet or less in height above grade shall not
require conditional use permits: (5) one flag pole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit: (6) utility poles 50 feet or less in height shall
not require conditional use permits: and (7) utility structures existing on the effective date of
this ordinance that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit: 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.
Section24. Section 18.111.070of Chapter 18.111, VARIANCES, ofthe Bainbridge Island
Municipal Code is hereby amended to read as follows:
18.111.010 Purpose.
Variances are the mechanism by which the city may grant relief from the provisions of the zoning
ordinance where practical difficulty renders compliance with certain provisions of the code an
unnecessary hardship, where the hardship is a result of the physical characteristics of the subject
property and where the purpose of the comprehensive plan is fulfilled. A variance is authorized only
for lot coverage, size of structure or size of yards and open spaces. Variances are not authorized for
changes in density requirements, building or structure height requirements or expanding a use
otherwise prohibited. A variance shall not be granted because of the presence of non-conformities in
the zoning district or uses in an adjoining zoning district.
Ord.# 95-13, Building/Structure Height Amendment
Page 12
May 25, 1995
Section 25.
passage, approval, publication and posting as required by law.
PASSED by the City Council this 1st
APPROVED by the Mayor this 2rid day of
Janet K. West, Mayor
A1TEST/AUTHENTICATE:
sper,
APPROVED AS TO FORM:
This ordinance shall take effect and be in force five days from and after its
day of
June
June , 1995.
,1995.
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL: June 1, 1995
PUBLISHED: June 7, 1995
POSTED: June 7, 1995
EFFECTIVE DATE: June 12, 1995
ORDINANCE NUMBER: 95-13
Ord.# 95-13, Building/Structure Height Amendment
Page 13
May 25, 1995