ORD 97-01 AMENDING ZONING MAPORDINANCE NO. 97-01
AN ORDINANCE of the City of Bainbridge Island, Washington,
implementing the Comprehensive Plan by amending the Official
Zoning Map to comply with the Comprehensive Plan and by
establishing the R-5, 5 Units per Acre and NSC, Neighborhood
Service Center zoning districts; repealing Chapter 18.66, 18.69,
18.72; adding new Chapters 18.20, 18.66, 18.72 and 18.125;
adding new Sections 18.06.075, 18.06.365, 18.06.878, 18.06.926
and 18.06.928; and by amending Sections 5.04.040, 18.09.020,
18.06.420 and 18.105.100 of the Bainbridge Island Municipal
Code.
WltEREAS, the City adopted a Comprehensive Plan on September 1, 1994, establishing
goals and policies for the Light Manufacturing providing the following:
LM Goal 1: Designate the Light Manufacturing District (LM) to provide opportunities
for expansion of existing Island Businesses and for diversity of jobs in areas where low-impact,
industrial activities can be concentrated and where traffic congestion, visual, and other impacts
on the surrounding neighborhood can be minimized;
LM Policy 1.1 The Light Manufacturing District is for areas devoted
exclusively to non-polluting, light manufacturing development with incidental office use. Uses
would include manufacturing, processing or storage of products not involving the use of
materials, processes or machinery likely to cause adverse impacts to the natural environment or
undesirable effects upon nearby residential, public or commercial property;
LM Policy 1.2 New manufacturing businesses that plan to utilize
toxic/hazardous substances must list these substances and quantities projected for annual usage;
demonstrate compliance with all Federal, State and Bremerton-Kitsap County Health District
requirements for their handling; and receive a City business license. (Definitions and quantity
limits of toxic/hazardous substances are set forth in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended [42 U.S.C. Section 9601] et seq.
["CERCLA"], the Superfund Amendments and Reauthorization Act of 1986, Pub. L No. 99-499
["SARA"], the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., the
Resource Conservation and Recovery Act, 49 U.S.C. Section 6901 et seq. or other applicable
State or Federal laws, rules or regulations adopted in accordance with those statutes). Uses of
certain toxic/hazardous substances can disqualify the application from approval because of
potential environmental impact. However, proposals that use toxic/hazardous substances
defined in the above references may be approved upon review of factors such as quantity used,
adequacy of storage, containment, spill management, and waste disposal plans;
LM Policy 1.7 Performance standards for the Light Manufacturing District
should be developed to protect the adjacent residential neighborhoods. The performance
standards shall address lighting, noise, vibrations, transportation, and signage;
LM Policy 1.8 Light manufacturing uses shall visually screen the
development year-round from adjacent, non-industrial properties and from adjacent roadways;
LM Goal 2: Provide additional land for light manufacturing in order to provide
opportunities for small manufacturing businesses on the Island to expand, and to provide
additional employment opportunities;
LM Policy 2.1 Designate an additional 35 acres adjacent to the existing light
manufacturing area north of Day Road and west of SR 305, as light manufacturing. The 35-acre
expansion of the light manufacturing area must occur through a Master Plan process. The
Master Plan must include a substantial buffer from Day Road and SR 305, and from adjacent
properties, and must also provide for substantial open space and pedestrian and equestrian trails
connecting through the adjoining parkland. SEPA review for development of the site shall
address the impact of the proposed use on water quality, aquifer recharge, noise, odor, lighting,
stormwater runoff, transportation, environmentally sensitive areas (such as wetlands and
streams), and fire safety;
LM Policy 2.2 Any additional light manufacturing should not be designated
until the City completes an Economic Development Element;
LM Goal 3: Discourage the inappropriate designation of isolated Light Manufacturing
Districts;
WHEREAS, the City's adopted Comprehensive Plan establishes goals and policies for the
Neighborhood Service Centers (NSC) and relating to Housing Goal 4 and Policies H 4.2 and H
4.7 providing the following:
NSC Goal 1: Encourage the development of Neighborhood Service Centers at Rolling
Bay, Lynwood, and Island Centers, as designated on the Land Use Map, as areas with small-
scale, Island-wide, commercial, mixed-use and residential developments;
NSC Goal 2: Infill within the boundaries of the Neighborhood Service Centers through
the transfer of development rights from TDR-sending Areas of the Island or through an
affordable-housing bonus density;
NSC Policy 2.1 The base density of residential development in the
Neighborhood Service Centers, as designated on the Land Use Map, shall be 3 units per acre
in areas not served by public water and sewer systems and using TDRs or an affordable-housing
bonus density, provided state and local Health District regulations can be met. Allow up to R-5
with public water and sewer;
Housing Goal 4: Promote and facilitate the provision of affordable housing that is
dispersed throughout all geographic and economic segments of the community;
H 4.2 The City should create a framework that shall permit small-unit affordable
housing development with increased density in selected zones that 3hall be initially available for
purchase only by HUD income-qualified households and would revert to market-rate thereafter.
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Standards should include, but may not be limited to, maximum allowable density by zone and
covenants to limit size of units in perpetuity;
H 4.7 All HUD-defined affordable housing units created as a result of the policies
in this Housing Element shall remain affordable for a period of 30 years from the time of first
occupancy and shall be secured by a recorded agreement and covenant running with the land,
binding on the assigns, heirs and successors of the applicm~t;
WHEREAS, the City's adopted Comprehensive Plan establishes a goal for Water-dependent
Industrial providing for the continuation of water-dependent, industrial uses on Bainbridge Island
in order to preserve elements of a working waterfront within the urban shoreline area. Water-
dependent uses require direct contact with the water and cannot exist at a non-water location due
to the intrinsic nature of the operation;
WHEREAS, in accordance with RCW 36.70A, the Growth Management Act, development
regulations must be adopted that implement the Comprehensive Plan;
WHEREAS, the Comprehensive Plan directs the City to provide additional land for light
manufacturing to allow small manufacturing businesses and additional employment opportunities
by establishing a Master Plan process prior to designating 35 acres located west of SR 305 and
north of the Day Road industrial area as Light Manufacturing;
NOW, THEREFORE, THE CITY COUNCIL OF TIlE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DO ORDAIN, as follows:
Section 1. Section 5.04.040 C. of the Bainbridge Island Municipal Code, is amended as
follows:
5.04.040 License - Application issuance.
C. Applications for business licenses shall be made to and issued by the Finance director on
forms provided by the city, which shall state the residence of the applicant, the nature of each
business activity in which the applicant desires to engage, and the place where the applicant
proposed to conduct its business. If the finance director finds that the application is complete
and correct, the business license shall be issued upon payment of the required fee. Upon receipt
of an application from a new business or a business relocating to a new building, the Finance
Director shall forward the business license application to the Department of Planning and
Community Development and. when appropriate. the Director of Planning and Community
Development will forward the application to appropriate agencies with jurisdiction to determine
if the applicable state standards for hazardous waste management have been met.
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Section 2: Section 18.09.020 of the Bainbridge Island Municipal Code, is amended as follows:
18.09.020 Zones designated.
The city shall be divided into the following zones:
A. R-14, 14 units per acre (3100 square feet) zone;
B. R-8, 8 units per area (5400 square feet) zone;
C. R-6, 6 units per acre (6543 square feet) zone;
D. R-5, 5 units per acre (8712 square feet) zone;
¢___. R-4.3, 4.3 units per acre (10,000 square feet) zone;
E_F. R-3.5, 3.5 units per acre (12,500 square feet) zone;
t=__G. R-2.9, 2.9 units per acre (15,000 square feet) zone;
GH. R-2, 2 units per acre (20,000 square feet) zone;
t-tI. R-l, 1 unit per acre (40,000 square feet) zone;
~. R-0.4, 1 unit per 2.5 acres (100,000 square feet) zone;
~K. Winslow mixed use town center zone; with five overlay districts: central core,
Madison Avenue, Ericksen Avenue, gateway and ferry terminal;
t,~_L. High School Road I and II zones
~:M. Commcrcial zoncs outsidc of Winslow NSC. neighborhood service center;
MN. LM, light manufacturing zone;
NO. IWD-I, water-dependent industrial zone.
Section 3. A new Section 18.06.075 is added to the Bainbridge Island Municipal Code, as
follows:
818.06.075 Auto repair
"Auto repair services" means the servicing of automobiles, including mechanical servicing and
body work, within a building. Any automobiles remaining on site for more than 72 hours are
to be screened according to the outdoor storage development standards.
Section 4. A new Section 18.06.365 is added to the Bainbridge Island Municipal Code, as
follows:
18.06.365 Food service
"Food Service" means a restaurant or cafe (excluding formula take-out food restaurant) which
sells prepared food or beverages and also offers accommodations for consuming the food or
beverage on the premises.
Section 5. Section 18.06.420 of the Bainbridge Island Municipal Code, is amended as follows:
18.06.420 Gasoline Service Stations
"Gasoline service stations" means a retail business where gasoline and/or other automotive
scrviccs arc offcred fuel is sold.
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Section 6. A new Section 18.06.878 is added to the Bainbridge Island Municipal Code, as
follows:
18.06.878 Self-service storage facility
"Self-service storage facility" means an establishment containing separate storage spaces that are
leased or rented as individual units for the storage of household or business goods. The facility
may contain manager living quarters and an office.
Section 7. A new section 18.06.926 is added to the Bainbridge Island Municipal Code, as
follows:
18.06.926 Veterinarian clinic
"Veterinarian clinic" means a building or buildings used for animal health care, including animal
boarding as part of that animal health care.
Section 8. A new section 18.06.928 is added to the Bainbridge Island Municipal Code, as
follows:
18.06.928 Vocational School
Establishments offering training in a skill or trade.
Section 9. A new chapter 18.20 is added to the Bainbridge Island Municipal Code as follows:
Chapter 18.20
R-5, 5 UNITS PER ACRE ZONE
(8500 SQUARE FEET)
18.20.010 Purpose
The purpose of the R-5 zone is to provide for residential use having community
improvements and facilities normally associated with urban area development. Five units per
acre are permitted only for properties served by both public water and sanitary sewer.
18.20.020 Permitted uses.
Permitted uses in the R-5 zone are:
A. Accessory dwelling units;
B. Accessory uses and buildings;
C. Family day care homes;
D. Manufactured homes;
F. Minor home occupations;
G. Multi-family dwellings built to UBC standards;
H. Single-family dwellings built to UBC standards.
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18.20.030 Conditional uses.
Conditional uses are:
A. Agriculture;
B. Child day care centers;
C. Educational, cultural, governmental, religious or health care facilities;
D. Major home occupations;
E. Public and private utility buildings and structures;
F. Public parks and playgrounds;
G. Shared-use park-and-ride lots.
18.20.040 Lot area and density.
The minimum lot area for a dwelling unit shall be 8,500 square feet.
18.20.050 Lot coverage.
The maximum lot area covered by building shall not exceed 25 percent.
18.20.060 Yards
A. Front yards, rear yards and side yards facing streets shall be not less than 25 feet,
measured by the distance from the nearest lot lines, planned rights-of-way, or road easements.
B. Side yards shall not be less than 15 feet in total sum with no side yard less than five
feet.
C. In the case of structures over two stories high, front and rear yard requirements shall
be increased by four feet for every story over two; the side yard requirements shall be increased
by 10 feet for every story over two.
D. No portion of any residential structures shall be closer than 10 feet from any other
residential structure.
E. Rear yards shall be 15 feet.
18.20.070 Height limitations.
A. The building height is 25 feet, except that buildings up to 30 feet may be allowed
through 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;
and (3) 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, nonp~mbolic antennae affixed to noncommercial
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 the ordinance
codified in this subsection 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.
18.20.075 Minimum lot dimensions.
No minimum lot width and depth shall be imposed.
18.20.080 Flexible Lot Design Standards.
A. The following bulk and dimensional standards shall not apply to those lots which
have been established pursuant to the requirements of the Flexible Lot design process by Short
Subdivision, Chapter 17.04; Subdivision, Chapter 17.12; Large Lot Subdivision, Chapter 17.16;
or as a Planned Unit Development, Chapter 18.120.
1. Minimum lot area; and
2. Yard setbacks.
B. The Flexible Lot Design standards of the R-4.3 zone shall apply for R-5 zoned
properties subject to Chapters 17.04, 17.12, 17.16, or 18.120.
Section 10. Chapters 18.66 and 18.69 of Bainbridge Island Municipal Code are repealed.
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Section 11. A new chapter 18.66 is added to the Bainbridge Island Municipal Code as follows:
Chapter 18.66
NEIGHBORHOOD SERVICE CENTER
18.66.010 Purpose.
The purpose of the Neighborhood Service Center is to provide a mix of neighborhood-scale
commercial and service activity which is compatible with the scale, character, and intensity of
the surrounding residential neighborhood and which minimize the impact of noise, odor,
lighting, fire safety, and transportation on the neighborhood and the impact on water quality,
stormwater runoff, and environmentally sensitive areas.
18.66.020 Permitted uses.
Permitted uses in the Neighborhood Service Center district are:
A. Single family residences or multi-family residences in accordance with Chapter 18.30,
R-2 zone, except as provided in Section 18.66.070; B. Agriculture;
C. Bed and breakfast establishments;
D. Child day care centers;
E. Health care facilities, except veterinarian clinics;
F. Home occupations;
G. Personal and professional services;
H. Public parks and playgrounds;
I. Commercial/residential mixed use developments; provided that the residential units are
located above the ground floor and are at a density not to exceed 3 units per acre or at the R-5
residential zone density when public sewer and water are provided; and
J. Retail sales and servicing of goods sold, with building footprints not exceeding 5000
square feet; provided that formula take-out food restaurants are not permitted; businesses shall
screen all outdoor storage in accordance with Section 18.66.050, except for outdoor storage for
agricultural produce sales, or landscaping retail sales;
K. Auto repair services; and
L. Small engine repair.
18.66.030 Accessory Uses.
A. On-site treatment and storage facilities for hazardous wastes associated with permitted
uses, subject to the State siting criteria of Chapter 70.105 RCW;
B. Outdoor storage subject to Section 18.66.060.
18.66.040 Conditional uses.
The types of conditional uses permitted in the NSC district, subject to Section 18.108, include
the following:
A. Small-scale assembly, processing and manufacturing, such as, food processing,
machine shops, wood shops, and electronic parts assembly; provided that the use does not
adversely impact the neighborhood through noise, odor, lighting, fire safety and transportation;
B. Recycling centers;
C. Private and public utility buildings and structures;
D. Retail buildings of a footprint greater than 5000 square feet but less than 10,000
square feet;
E. Self-service storage facilities, provided that no outdoor storage is visible from
adjoining properties and public rights-of-way;
F. Educational, cultural, governmental, or religious facilities;
G. Theaters;
H. Veterinarian clinics;
I. Shared-use park-and-ride lots;
J. Park-and-ride lots;
K. Gasoline service stations; and
L. Self-service storage facilities.
18.66.50 Development standards
The standards contained in the table below shall apply to all uses allowed in the NSC district.
MINIMUM LOT None
AREA
MAXIMUM LOT 35 percent
COVERAGE
MINIMUM YARDS
Front yards, rear yards and side yards shall not total less than 20 feet from any street,
planned right-of-way or road easement, unless otherwise provided under special
planning area provisions.
MAXIMUM
BUILDING HEIGHT
For properties adjacent to a residential zone, the requirements for a rear or side yard
along a property line abutting the residential zone shall be the same as in the adjacent
zone and shall be maintained as a buffer, unless otherwise provided under special
planning area provisions.
35 feet
45 feet may be allowed through 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; O) solar access of neighboring lots is
not reduced.
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MAXIMUM
STRUCTURE
HEIGHT
MINIMUM LOT
DIMENSION
Structure height is 35 feet, except that taller structures may be allowed with the
issuance of a conditional use permit; providea 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,
nonparabolic antennae affixed to noncommercial 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 the ordinance
codified in this subsection that are taller than 50 feet shall not be considered
nonconforming structures and may be replaced without a conditional use permit;
provided, that the replacement structure is not larger or taller than the original
structure and is not moved more than 20 feet from its original location.
Lots shall have a minimum width and depth of 80 feet.
OUTDOOR
STORAGE and
TRASH
DUMPSTERS
DRAINAGE
INDUSTRIAL
WASTEWATER
DISPOSAL
LANDSCAPING
1. Screening of outdoor storage - The screen height is determined by the height of the
material or equipment being screened. Chain link fencing with neutral colored slatting
is permitted along with vegetative screening when vegetative screening alone is not
sufficient to block the outdoor storage from public view and where the fencing is not
visible from a street. Exterior storage should be confined to portions of the site least
visible to public view.
2. Trash dumpsters or any outdoor equipment, whether on roof or side of a structure,
or on the ground, shall be screened from view. Screening shall be architecturally
consistent with the adjacent structure in terms of materials. Mechanical equipment
should be located below the highest vertical element of the building.
All stormwater runoff shall be detained and disposed of on site or disposed of
in a system designed for such runoff and which does not flood or damage adjacent
properties. Systems designed for runoff detention and control shall comply with
specifications provided by the City and shall be subject to its review and approval, and
shall, moreover, comply with Chapter 15.20, pertaining to community facilities.
Industrial wastewater includes wastewater resulting from (1) any process of industry,
manufacture, trade or business; (2) the development of any natural resource; or (3) the
washing of equipment and vehicles, or similar activities. Stormwater runoff and
runoff from the watering of landscaping is not included. Industrial wastewater shall
not be discharged into an on-site septic system. Other relevant sections of this Code
shall apply.
Landscape screening shall be provided in accordance with Chapter 18.85.
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18.66.060 Performance standards
All uses allowed in the NSC district shall conform to the performance standards of this section. Use, activity, or operation shall not
violate existing state and federal environmental standards. It shall be the responsibility of the operator and/or the proprietor of any
allowed use to provide such reasonable evidence and technical data as the Director may require to demonstrate that the use or activity
is or will be in compliance with the environmental performance standards. Failure of the Director to require such information shall
not be construed as relieving the operator and/or proprietor from compliance with the environmental performance standards of this
code.
Noise
No use in this district shall exceed the maximum environmental noise level, established by WAC 173-60, as adopted in
Chapter 16.16 of the Bainbridge Island Municipal Code. Noise transmitted from a NSC use and received by a non-NSC use
shall meet noise source and receiving levels of the residential, or Class A, standard for EDNA of noise source per WAC
173-60-040(2).
Environmental Designation for Noise Abatement or EDNA
1. Noise levels of any sound source, when measured in the manner and locations prescribed in WAC 173-60 shall not
exceed the levels shown in the table below.
EDNA OF NOISE SOURCE
EDNA OF RECEIVING PROPERTY
CLASS A CLASS B CLASS C
CLASS A - Residential
55 dBA 57 dBA 60 dBA
CLASS B - Commercial
CLASS C - Industrial
57 dBA 60 dBA 65 dBA
60 dBA 65 dBA 70 dBA
2. Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by 10 dBA
for receiving property within Class A EDNAs.
3. At any hour of the day or night the applicable noise limitations in 1. and 2. above may be exceeded for any receiving
property by no more than:
(a) 5 dBA for a total of 15 minutes in any one-hour period; or
(b) 10 dBA for a total of 5 minutes in any one-hour period; or
(c) 15 dBA for a total of 1.5 minutes in any one-hour period.
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Glare and heat
Ground Vibrations
Waste storage and Disposal,
including Hazardous Waste
Air Quality
Emissions
Light
Ground and soil
contamination
Electrical Interference
Fire and Explosiw Hazards
Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective
screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line.
No ground vibration other than that caused by highway vehicles or construction activity shall be permitted which is
discernible, without instruments, at or beyond the property line for the use concerned.
The storage or disposal of industrial waste shall be in compliance with the regulations and requirements of the Bremerton-
Kitsap Health District, the State Department of Ecology, and Chapter 70.105 RCW as amended, and this code.
No use in this district shall produce emissions of smoke, dust and/or odors beyond the property boundary which may
unreasonably interfere with any other property owner's use and enjoyment of his/her property. In addition, all sources and
emissions units are required to meet the emission and the ambient air quality standards specified in WAC 173-400, and
administered by the Puget Sound Air Pollution Control Authority, (PSAPCA), and shall apply to all air contaminants listed
therein.
Exterior lighting, except for warning or emergency lighting, shall be hooded or shielded so direct illumination shall be
confined to the property boundaries of the light source. No more than a maximum of .5 foot candle of illumination shall be
permitted to fall upon any residential zoned property.
Materials used or produced in any manufacturing process shall be handled in such a manner as to prevent ground or soil
pollution which destroys or endangers the support of natural vegetation or which may contaminate underground aquifers, or
other natural drainage systems.
Provisions must be made for necessary shielding or other preventive measures against interference caused by mechanical,
electrical, or nuclear equipment uses or processes with electrical apparatus in nearby buildings or use areas.
The manufacture, use, processing or sterage of flammable liquids or materials, liquids or gases that produce flammable or
explosive vapors or gases shall be permitted in accordance with the regulations of the adopted Uniform Fire Code and the
Uniform Building Code. A hazardous materials impact analysis, conforming to the requirements of the Bainbridge Islarut Fire
District, shall be required to determine potential off-site impacts and mitigation precautions.
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18.66.070 Density Increases.
Density may be increased to:
A. 3 units per acre with the provision of Transfer of Development Rights (TDRs), in
accordance with Chapter 18.37; or
B. 3 units per acre with the provision of affordable housing, in accordance with the
provisions in Chapter 18.90; or
C. 5 units per acre, in accordance with Chapter 18.20, with the provisions of TDRs and
public sewer and water; or
D. 5 units per acre, in accordance with Chapter 18.20, the provision of affordable
housing in accordance with Chapter 18.90, and public sewer and water.
Units created under the affordable housing provision shall include rental units for moderate-
income households and below, or include units for-purchase for middle-income households or
below. These units shall remain affordable, as defined by Chapter 18.xx, for 30 years as
provided in Policy H4.7 of the housing element of the Comprehensive Plan.
Section 12. The chapter title for Chapter 18.75 of the Bainbridge Island Municipal Code, is
amended as follows:
Chapter 18.75
Water-dependent Industrial Zone
Section 13. Chapter 18.72.010 of the Bainbridge Island Mnnicipal Code is repealed and
replaced as follows:
Chapter 18.72
LIGHT MANUFACTURING ZONE
18.72.010 Purpose.
The purpose of this district is to provide opportunities for light industrial activities involving
manufacturing, processing, assembling, repairing, servicing or storage of goods or products not
involving the use of materials, processes or machinery likely to cause adverse impacts to the
natural environment or undesirable effects upon nearby residential, public or commercial
property, including vibration, light, noise and odor.
It is a further purpose of this District to encourage proper site planning and design of
developments in order to minimize traffic congestion, visual impacts and other impacts and use
conflicts within and beyond the District's boundaries as enabled through development and
performance standards.
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18.72.020 Permitted uses include the following:
A. Fabrication, manufacture, assembly, processing, packaging, repair, servicing or
wholesale of goods or products which can be performed with minimal adverse impact on the
environment and the community. Such goods or products include:
1. mechanical, automotive, marine and contractors' or builders' equipment
and supplies;
3.
4.
5.
6.
7.
winery/brewery;
printing and publishing;
wood products;
furniture and fixtures;
computer and electronic equipment and products; and
food products.
B. Commercial indoor storage;
C. Laboratories for scientific research, testing and experimental development that can
be performed with minimal adverse impact on, and pose no special hazard to, the environment
and the community;
D. Recycling facilities;
E. Communication towers and antennas;
F. Public utilities;
G. Child day care centers for the primary use of employees of the district;
H. Vocational schools;
I. Equestrian and recreational uses within designated open space;
J. Uses similar to permitted uses, provided that they receive site plan review approval;
and
K. Semiannual sales to the general public of items manufactured on-site, provided that
each sales event shall last not more than two consecutive days.
18.72.030 Accessory uses.
The following are accessory uses permitted in the Light Manufacturing District: A. Administrative or executive offices which are part of a permitted use;
B. On-site sales to the general public provided that the following criteria can be met:
1. Sales are limited to goods or products manufactured or utilized on the
premises;
2.' Sales to the general public are clearly subordinate to the primary use of
the property as permitted in the LM District;
3. There shall be no signage advertising the on-site sales to the general
public;
4. There shall be no additional on-site parking allowed beyond what is
required for the primary use; and
5. Traffic generated by the on-site sale to the general public shall not exceed
five (5) vehicle trips per day.
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Sub-section 18.72.030(B) will expire on March 31, 1998, unless the City Council
holds a public hearing and approves the continuation of this sub-section.
C. Employee recreation facilities;
D. Living or residential quarters limited to no more than one per parcel for security
and/or insurability of the premises;
E. On-site treatment and storage facilities for hazardous wastes associated with outright
permitted use, subject to the State siting criteria Chapter 70.105 RCW; and
F. Outdoor storage subject to Section 18.72.050.
18.72.040 Conditional uses.
The types of conditional uses permitted in the Light Manufacturing Zoning District, subject to
Section 18.108, may include but are not limited to the following:
A. Any principally permitted use whose operations are predominantly out of doors rather
than completely enclosed within a building;
B. Commercial moving and freight terminals;
C. Cultural and religious facilities; provided that they are limited to a shared-use in the
same structure as a permitted use;
D. Food service, intended for the convenience of employees and limited to a LM district
containing 35 acres or more; provided that formula take-out food restaurants are not permitted.
In reviewing the conditional use application for a food servi.ge use, the following standards shall
be included:
1. The use is limited in size so that it functions as a service intended for the
convenience of the employees of the LM district;
2. The use is located interior to the LM district or is fully screened from
public streets;
3. Parking spaces shall be limited to 8 parking stalls;
4. Food service available to customers shall be limited to the hours between
5 a.m. and 6 p.m.;
5. No signage shall face primary and secondary arterials or collector streets;
and
6. Advertising of the food service shall be limited to advertising that is
directed to employees in the LM district.
E. Shared-use park-and-ride lots.
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18.72.050 Development standards
The standards contained in the table below shall apply.
MINIMUM LOT
AREA
20,000 square feet
MAXIMUM LOT 35 percent
COVERAGE
MINIMUM FRONT
YARD
50 feet along any public right-of-way.
MINIMUM REAR
YARD
15 feet
50 feet when abutting a residentially zoned property. The City may increase this to a maximum of 100 feet depending on the type,
scale and intensity of the proposed use, subject to site plan review.
MINIMUM SIDE
YARD
10 feet
50 feet when abutting a residentially zoned property. The City may increase this to a maximum of 100 feet depending on the type,
scale and intensity of the proposed use, subject to site plan review.
MAX/MUM
BUILDING HEIGHT
35 feet
45 feet may be allowed through 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) solar access of neighboring lots is not
reduced.
MAXIMUM
STRUCTURE
HEIGHT
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, nonparabolic antennae affixed to noncommercial 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 the ordinance codified in this subsection that are taller than 50 feet shall
not be considered nonconforming structures and may be replaced without a conditional use permit; provided, that the replacement
structure is not larger or taller than the original structure and is not moved more than 20 feet from its original location.
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PARKING,
CIRCULATION
AND LOADING
Parking and circulation requirements of Section 18.81 and parking lot landscape standards of Chapter 18.85.070 shall apply with
the following additions:
1. On-street parking or staging of trucks on public streets is prohibited.
2. The primary vehicular access for light manufacturing developments shall avoid a street or easement that primarily serves
residential uses.
3. No new curb cuts shall be allowed onto public streets if it is possible for a development to share an access drive with an
existing facility.
4. Entrances and exists to and from parking and loading facilities shall be clearly marked with appropriate directional signage
where multiple access points are provided.
5. Internal circulation shall be designed for safety and efficiency by reducing conflicts between vehicular and pedestrian
traffic, combining circulation and access areas where possible, providing adequate truck maneuvering, stacking, and loading areas
and accommodating emergency vehicle access.
6. To reduce noise and visual conflicts with neighboring properties and public streets, loading facilities shall be located
internal to the site or where conflict with neighboring properties will be reduced. Loading facilities shall not face non-LM
properties.
7. Loading docks and doors facing a public street shall be offset from the access drive and shall be screened from the street.
OPEN SPACE AREA New developments and additions shall provide adequate open space amenities for use by employees, subject to site plan review.
OUTDOOR
STORAGE
and TRASH
DUMPSTERS
DRAINAGE
INDUSTRIAL
WASTEWATER
DISPOSAL
1. Screening of outdoor storage - The screen height is determined by the height of the material or equipment being screened.
Chain link fencing with neutral colored slatting is permitted along with vegetative screening when vegetative screening alone is not
sufficient to block the outdoor storage from public view and where the fencing is not visible from a street. Exterior storage should
be confined to portions of the site least visible to public view.
2. Trash dumpsters or any outdoor equipment, whether on roof or side of a structure, or on the ground, shall be screened from
view. Screening sh',dl be architecturally consistent with the adjacent structure in terms of materials. Mechanical equipment should
be located below the highest vertical element of the building.
All stormwater runoff shall be detained and disposed of on site or disposed of in a system designed for such runoff and which
does not flood or damage adjacent properties. Systems designed for runoff detention and control shall comply with specifications
provided by the City and shall be subject to its review and approval, and shall, moreover, comply with Chapter 15.20, pertaining to
community facilities.
Industrial wastewater includes wastewater resulting from (1) any process of industry, manufacture, trade or business; (2) the
development of any natural resource; or (3) the washing of equipment and vehicles, similar activities. Stormwater runoff and
runoff from the watering of landscaping is not included. Industrial wastewater shall not be discharged into an on-site septic system.
Other relevant sections of this Code shall apply.
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LANDSCAPING
Light manufacturing uses shall visually screen the development year-round from adjacent, non-industrial properties and from
adjacent roadways. Landscape screening shall be provided in accordance with Chapter 18.85.
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18.72.070 Performance standards
All uses allowed in the LM district shall conform to the performance standards of this section. Use, activity, or operation shall not
violate existing state and federal environmental standards. It shall be the responsibility of the operator and/or the proprietor of any
allowed use to provide such reasonable evidence and technical data as the Director may require to demonstrate that the use or activity
is or will be in compliance with the environmental performance standards. Failure of the Director to require such information shall
not be construed as relieving the operator and/or proprietor from compliance with the environmental performance standards of this
code.
Noise
No use in this district shall exceed the maximum environmental noise level, established by WAC 173-60, as adopted in
Chapter 16.16 of this Code. Noise transmitted from a LM use and received by a non-LM use shall meet noise source and
receiving levels of the residential, or Class A, standard for EDNA of noise source per WAC 173-60-040(2).
Environmental Designation for Noise Abatement or EDNA
1. Noise levels of any sound source, when measured in the manner and locations prescribed in WAC 173-60 shall not
exceed the levels shown in the table below.
EDNA OF NOISE SOURCE
EDNA OF RECEIVING PROPERTY
CLASS A CLASS B CLASS C
CLASS A - Residential
55 dBA 57 dBA 60 dBA
CLASS B - Commercial
57 dBA 60 dBA 65 dBA
CLASS C - Industrial
60 dBA 65 dBA 70 dBA
Glare and heat
2. Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by 10 dBA
for receiving property within Class A EDNAs.
3. At any hour of the day or night the applicable noise limitations in 1. and 2. above may be exceeded for any receiving
property by no more than:
(a) 5 dBA for a total of 15 minutes in any one-hour period; or
Co) 10 dBA for a total of 5 minutes in any one-hour period; or
(c) 15 dBA for a total of 1.5 minutes in any one-hour period.
Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective
screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line.
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Ground Vibrations
Waste storage and Disposal,
including Hazardous Waste
Air Quality
Emissions
Light
Ground and soil
contamination
Electrical Interference
Fire and Explosive Hazards
No ground vibration other than that caused by highway vehicles or construction activity shall be permitted which is
discernible, without instruments, at or beyond the property line for the use concerned.
The storage or disposal of industrial waste shall be in compliance with the regulations and requirements of the Bremerton-
Kitsap Health District, the State Department of Ecology, and Chapter 70.105 RCW as amended, and this code.
No use in this district shall produce emissions of smoke, dust and/or odors beyond the property boundary which may
unreasonably interfere with any other property owner's use and enjoyment of his/her property. In addition, all sources and
emissions units are required to meet the emission and the ambient air quality standards specified in WAC 173-400, and
administered by the Puget Sound Air Pollution Control Authority, (PSAPCA), and shall apply to all air contaminants listed
therein.
Exterior lighting, except for warning or emergency lighting, shall be hooded or shielded so that direct illumination shall be
confined to the property boundaries of the light source. No more than a maximum of .5 foot candle of illumination shall be
permitted to fall upon any residential zoned property.
Materials used or produced in any manufacturing process shall be handled in such a manner as to prevent ground or soil
pollution which destroys or endangers the support of natural vegetation or which may contaminate underground aquifers, or
other natural drainage systems.
Provisions must be made for necessary shielding or other preventive measures against interference caused by mechanical,
electrical, or nuclear equipment uses or processes with electrical apparatus in nearby buildings or use areas.
The manufacture, use, processing or storage of flammable liquids or materials, liquids or gases that produce flammable or
explosive vapors or gases shall be permitted in accordance with the regulations of the adopted Uniform Fire Code and the
Uniform Building Code. A hazardous materials impact analysis, conforming to the requirements of the Bainbridge Island Fire
District, shall be required to determine potential off-site impacts and mitigation precautions.
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Section 14. A New Chapter 18.125, Master Planned Development, is added to the Bainbridge
Island Municipal Code as follows:
18.125.010
18.125.020
18.125.030
18.125.040
18.125.050
18.125.060
18.125.070
18.125.080
18.125.090
18.125.100
18.125.110
18.125.120
18.125.130
18.125.140
Purpose.
Applicability.
Uses.
Permitted density.
Development standards.
MPD Application review procedure.
MPD Amendments.
MPD Time limits.
Site Plan and Design Review Application review procedure.
Merger with subdivision.
MPD Decision criteria.
MPD Submittal requirements.
Site Plan and Design Review Decision criteria.
Site Plan and Design Review Submittal Requirements.
Chapter 18.125
MASTER PLANNED DEVELOPMENT
18.125.010 Purpose.
A. The purpose of a Master Planned Development (MPD) is to encourage the
comprehensive development of land as a single unit while allowing multiple phased
development.
B. A MPD provides greater flexibility and, consequently, more creative and
imaginative design than generally is possible under conventional zoning regulations. A
MPD promotes more economical and efficient use of the land by providing coordination
of necessary infrastructure, site amenities, and protection of natural systems.
18.125.020 Applicability.
A MPD applies to properties as designated by the Comprehensive Plan.
18.125.030 Uses.
The uses shall be any permitted or conditional uses in the underlying zone. In developments that
include areas that encompass more than one zone, the uses permitted shall be allowed in the
same proportion as the area in each zone.
18.125.040 Permitted density.
A. The number of dwelling units permitted in a development shall not exceed the allowed
density of the underlying zone.
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18.125.050 MPD Development standards.
Development standards of the underlying zone shall apply except as provided in the following
standards:
A. There shall be no minimum yards internal to an MPD and no minimum lot size for
a commercial or industrial MPD. A residential MPD shall meet the Flexible Lot standards in
the applicable section of Title 17, Subdivisions.
B. An MPD shall provide the following:
1. An MPD shall plan a circulation system which supports the entire proposed
development. A road, bicycle and pedestrian design plan shall be proposed for the development
and incorporated as an MPD development standard and a condition of MPD approval. The
circulation system may be constructed in phases.
2. Sewage disposal shall be planned for the entire proposed development. The
system or systems shall meet the standards for the Bremerton-Kitsap County Health District or
City of Bainbridge standards if located within the City sewer service area. The sanitary sewer
system may be constructed in phases.
3. Domestic water shall be planned for the entire proposed development. The
water system or systems shall provide adequate potable water and adequate pressure to meet
minimum fire flow standards as required under the adopted Uniform Fire Code.
4. Storm drainage management shall be planned for the entire proposed
development. The systems shall meet the city standards for stormwater management. The storm
drainage plan may be constructed in phases.
5. Environmental Sensitive Areas (ESA) shall be protected for the entire proposed
development. Protection measures which meet the standards of Chapter 16.20, Environmental
Sensitive Areas, Chapter 16.20 shall be included in a sensitive areas and open space plan for the
MPD. Protection measures may be implemented in phases if approved under the MPD.
6. Open space, landscaping and screening shall be planned for the entire proposed
development. The landscaping shall meet Chapter 18.85, Landscape Regulations. Landscaping
may be constructed in phases.
C. Phasing. Each phase shall support the development proposed in that phase by
providing the following:
1. Adequate circulation;
2. Sanitary sewer system;
3. Domestic water with adequate fire flow;
4. Storm management system;
5. Protection of existing environmental sensitive areas; and
6. Adequate open space, landscaping, and screening.
D. The maintenance and preservation of commonly owned areas shall be guaranteed for
the life of the structures and uses in the MPD through the execution of appropriate assurance
devices acceptable to the city.
18.125.060 MPD Application review procedure.
The city shall process a Master Planned Development in accordance Section 2.16.110, "City
Council decision procedures" and the following procedures:
22
A. The applicant shall submit preliminary materials and plans to the department for
consideration at a pre-application conference in accordance with Section 2.16.035, Preapplication
Procedure.
B. A complete application as specified in Section 18.125.110 and signed by all property
owners shall be submitted with the appropriate fee as established by the City by resolution.
Upon receipt of a complete application, the Director shall provide notice to the applicant and
public in accordance with Section 2.16.085, and commence the application review process.
C. A MPD application shall be forwarded for review to the Development Review
Committee (DRC) and shall be reviewed in accordance with the procedures under "Site plan and
design review", Section 18.105.040.C.2. The DRC shall not recommend approval of the MPD
unless the DRC determines that the proposal complies with each of the applicable MPD
development standards contained in Section 18.125.050 arid the decision criteria contained in
Section 18.125.110.
D. The Planning Commission shall review the application and conduct a public hearing
in accordance with Section 2.16.110.
F. The City Council shall review and make a final decision on the application in
accordance with Section 2.16.030.
18.125.070 MPD Amendments.
An approved MPD, or subsequent revision thereto, shall be binding as to the general intent and
apportionment of land for buildings, sewage disposal, storm management, sensitive area
protection, stipulated use, circulation pattern, domestic water and landscaping. Amendments that
change the character, basic design, building density and intensity, open space or any other
requirements and conditions contained in the MPD shall not be permitted without prior review
and recommendation by the Hearing Examiner, and approval by the City Council. If approved,
amendments shall be clearly depicted as a revision to approved plans.
18.125.080 MPD Time limits.
The length of time in which an approved MPD remains effective shall be determined during the
MPD approval process based on the development requirements. However, an MPD shall be
effective for a period no greater than ten (10) years. The City Council may grant an extension
of the MPD approval if an applicant can demonstrate that circumstances warrant an extension
of the MPD.
18.125.090 Site Plan and Design Review procedure.
A site plan and design review application shall be submitted and approved prior to development
of any phase of an approved MPD. A Site Plan and Design Review Application may include
one or more phases of the area within an approved MPD. The City shall process the application
in accordance with procedures under "Site plan and design review," Section 18.105.040.C.2.
The Development Review Committee shall not recommend approval of the MPD unless the
Development Review Committee determines that the proposal complies with the approved MPD,
including the adopted conditions, development standards and design guidelines.
A. Phasing.
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1. If the proposed Site Plan and Design Review Application is to be constructed
in phases, the project as a whole shall be portrayed in the application, and each phase must
receive Site Plan and Design Review approval prior to development.
2. A Site Plan and Design Review application may be processed in combination
with an MPD application.
B. Site Plan and Design Review Approval Amendments.
Amendments to the Site Plan and Design Review approval which change any of the requirements
or conditions contained in the approved Site Plan and Design Review Application shall not be
permitted without prior written approval of such adjustment by the Director. If the proposed
amendment also changes the requirements or conditions of the MPD, the amendment shall be
processed as an amendment to the MPD as provided in Section 18.125.070, "MPD
Amendments." If approved, amendments shall be clearly depicted as a revision to approved
plans.
C. Time Limits.
The portions of the MPD which have received a Site Plan and Design Review approval shall be
subject to the time limitations of Section 18.105.100, "Expiration and Extension."
18.125.100 Merger with subdivision.
The applicant may request that the city process a preliminary plat in conjunction with a MPD
or Site Plan Review Approval. Platting is required for all projects which intend to subdivide land
for the sale of individual lots.
A. Procedure. The city may review and decide on a subdMsion or short subdivision at
the same hearing as the MPD or any subsequent Site Plan and Design Review Application to the
extent allowed by the City and State subdivision regulations.
B. Requirements.
1. Preliminary Plat and Final Plat. The preliminary plat shall conform to the
conditions of the approved MPD; comply with the standards and criteria of Chapters 17.04,
Subdivisions, 17.12 Short Plats or 17.16 Large Lot Subdivisions as appropriate; and comply
with applicable State laws pertaining to the subdivision and conveyance of land.
2. Binding Site Plan. For any portion of the MPD which is not to be platted,
the Hearing Examiner may approve a binding site plan for any commercial sites. The Examiner
may attach terms and conditions to the approval of the site plan if necessary to ensure
compliance with the MPD or Site Plan and Design Review Approval.
18.125.110 MPD Decision Criteria.
A. An application for a MPD permit may be approved or approved with modifications
if:
1. The MPD clearly demonstrates superior site design by incorporating the
following:
a. Provisions for public facilities and/or amenities;
b. Energy efficient site design;
c. Innovative site design that complies with the development standards of
the MPD and underlying zoning code;
24
d. Preservation of environmentally sensitive areas, resource areas, and
natural features;
e. Placement of structures, circulation systems and utilities that minimizes
impervious surface and the alteration of the land and also responds to physical characteristics
of the property; and
f. Site design that reduces dependency on automobiles by providing for
pedestrian, bicycle and transit uses.
2. For all MPD containing residential development, the MPD shall also include
the following:
a. Provision for affordable housing in accordance with the provisions in
Chapter 18.90; and
b. At least 15 percent of the gross land area must be set aside as active
open space and designed as an integrated part of the project rather than an isolated element;
3. The MPD provides general design guidelines which address building size, scale
and mass, landscaping, signage and lighting within the planned area;
4. Adequate public services are available including water; sewer/septic; roads,
including access roads, fire and storm drainage. Approval of the MPD should not reduce existing
public service levels for surrounding properties below acceptable levels without mitigation
measures;
5. The MPD is consistent with the goals and policies of the Comprehensive Plan;
6. The MPD complies with all other codes and policies of the City;
7. If a MPD will be phased, each phase of a proposed MPD must contain
adequate infrastructure, open space, recreational facilities, landscaping and all other conditions
of the MPD to stand alone if no other subsequent phases are developed.
B. If no reasonable conditions or modifications can be imposed to ensure the application
meets the criteria set forth above, then the application shall be denied.
18.125.120 MPD Submittal Requirements.
A. A Master Planned Development application and fee shall be filed with the department
by the owner of land for which the permit is sought, or the authorized agent of the owner.
B. Submittal requirements include the following:
1. The legal description of the property and tax account number;
2. A complete and detailed written statement of the intended use of the land, the
sequence and timing of the proposed development, and the applicant's intentions with regard to
the proposed ownership of land areas, dwelling units and commercial buildings within the
development, both during and after construction. The statement shall include the following:
a. The acreage contained within the proposed MPD; the minimum and
maximum number of lots and dwelling units being proposed; and the minimum and maximum
number of lots and dwelling units per acre of land;
b. The maximum and minimum lot sizes;
25
c. The acreage of open space (including a separate figure for usable open
space) to be contained in the MPD and the percentage it represents of the total area;
d. The proposed maximum total square footage of non-residential
construction;
e. The height, setbacks, building and development coverage;
f. Phasing of on and off-site requirements such as sidewalks, bike paths,
bus stops, street lights, traffic signals, utilities or improvements of adjacent streets;
g. The phasing of street improvements, including road construction,
acreage of road area and percentage it represents of the total land area;
h. The availability and phasing of water system extensions; and
i. The method of sewage disposal, to inclnde the availability and phasing
of system extension;
description;
3. A scale drawing of the property indicating:
a. North point and graphic scale;
b. Boundaries, easements, and ownerships as set forth in the legal
c. Topography at appropriate contour intervals;
d. Existing structures and improvements;
e. Existing vegetation and significant trees as required by the Landscape
Regulations, Section 18.81, watercourses, and other natural features;
f. Lot or land divisions;
g. All proposed improvements, including general building footprints;
h. Sewage disposal system;
i. Storm drainage design;
j. Utilities plans, including existing and proposed hydrant locations;
k. Existing and proposed circulation system on and off the site, including
auto, truck, emergency and transit access and pedestrian and bicycle circulation plans;
1. Landscaping plans, including street trees;
m. Proposed land uses and densities on the subject property;
n. location and types of dwelling units proposed;
o. All adjacent streets and rights-of-ways, and
p. Other plans and drawings deemed necessary for evaluation;
4. A vicinity map showing the location of the site and its relationship to
surrounding areas, including existing streets, driveways and other land features; 5. Phasing schedule;
6. The terms, conditions, covenants, and agreements regarding the intended
development and terms, conditions, covenants, and agreements under which the property
is bound;
7. An environmental checklist when required by the State Environmental Policy
Act, codified at Chapter 16.04; and
8. The proposed method of insuring permanent retention and maintenance of
circulation system, storm drainage system, sewage disposal system, parks, open space, or other
common private or public facilities.
26
C. The Director or designee may waive specific submittal requirements determined to
be unnecessary for review of an application.
18.125.130 Site Plan and Design Review Decision Criteria.
The decision criteria of Site Plan and Design Review, Section 18.105.060, shall apply in
addition to the following:
A. All applicable MPD Development standards and adopted design guidelines shall be
met.
B. All applicable MPD conditions of approval shall be met.
18.125.140 Site Plan and Design Review Submittal Requirements
The submittal requirements of Site Plan and Design Review, Section 18.105.050, shall apply in
addition to the following:
A. Depiction of the Phase or Phases of the approved MPD being proposed for the Site
Plan Review and Design approval;
B. Circulation plan which meets the standards of the approved MPD;
C. Sewage disposal plan which meets the standards of the approved MPD;
D. Storm drainage management plan which meets the standards of the approved MPD;
E. Sensitive areas and open space plan which meets the standards of the approved MPD;
F. Landscape plan which meets the standards of the approved MPD; and
G. Adopted development regulations and design guidelines of the approved MPD.
Section 15. Section 18.105.100 A. of the Bainbridge Island Municipal Code is amended as
follows:
A. The site plan and design review permit is valid for a period of three (3) years from the
written notice of the final decision, or the decision on an ~peal, whichever is later. Site plan
and design review permits involving a Master Planned Development, preliminary subdivision
or a planned unit development are valid for a period or five (5) years from the written notice
of the final decision, or the decision on appeal, whichever is later.
Section 16. Ordinance 96-25 revokes the Cainions Rezone/Planned Unit Development (Kitsap
County Ordinance 93-48-1991/Resolution 096-1991) which was established by Kitsap County
prior to City annexation. This action directs the property to revert to the original Kitsap County
zoning of RP-2.5, which correlates to the City of Bainbridge Island zoning and the current
zoning of the property, R-0.4. The ordinance also directs that Department of Planning and
Community Development to process a Comprehensive Plan Amendment designating the property
OSR-0.4, Open Space Residential (one unit per 2.5 acres). For these reasons this property
located near the southeast comer of Fletcher Bay Road and New Brooklyn Road will not be
rezoned to NSC, Neighborhood Service Center, as currently designated on the Comprehensive
Plan.
27
Section 17. Except for the property described in Section 16 and except for a comprehensive
plan mapping error involving tax lot 35252-2-004 and the south portion of tax lot 35252-2-086
which will remain R-2 as currently zoned, the locations and boundaries of the R-5, Residential
5 units per acre, the NSC, Neighborhood Service Center, the LM, Light Manufacturing, and the
W-D I, Water-dependent Industrial districts as shown on the comprehensive plan land use map,
as amended, shall be shown on the map entitled "City of Bainbridge Island Official Zoning
Map" which is amended hereby.
Section 18. Relationship to other zoning provisions. To the extent that the requirements set
forth in the provisions of this ordinance amending or adding sections to Chapter 18 of the
Bainbridge Island Municipal Code are inconsistent with requirements set forth in other City code
provisions, the requirements set forth in this ordinance shall supersede the requirements in the
other City code provisions.
Section 19. This ordinance shall take effect on and be in force five days from and after its
passage, approval, and publication as required by law.
PASSED by the City Council this 20th
APPROVED by the Mayor this 21.~t
day of March
ATTEST/AUTHENTICATE:
St/e Kasper, City Clerk
APPROVED AS TO FORM:
day of March
Janet K. West, Mayor
,1997.
,1997.
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
POSTED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
December 13, 1996
December 20, 1996
March 26, 1997
March 26, 1997
March 31, 1997
97-01
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