ORD 98-35 AMEND COMPREHENSIVE PLANORDINANCE NO. 98-35
AN ORDINANCE of the City of Bainbridge Island, Washington,
implementing the Comprehensive Plan by adding new Sections 18.06,335,
18.06336, and 18.06,445; and by amending Sections 18.81 and 18,108 of
the Bainbridge Island Municipal Code.
WHEREAS, the City adopted a Comprehensive Plan on September 1, 1994,
establishing goals and policies for the Mixed Use Town Center, Neighborhood Service
Centers, High School Road Commercial Districts; Industrial and Water Dependent
Industrial, Light Manufacturing and Open space, semi-rural, single family, urban multi-
family residential zoning districts and;
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 that new development should
strive to be responsive to the natural landscape and should be sited so as to have the least
visual and environmental impact on the Island landscape;
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN, AS FOLLOWS:
Section I. A new section 18.06.335 is added to the Bainbridge Island Municipal Code as
follows: "Education institution, private" means a private school or educational or training
institution that offers a program of college, professional, environmental, preparatory, high
school, middle school, junior high school, elementary, kindergarten instruction, or any
combination thereof, or any other program of trade, technical or artistic instruction
(excluding single day programs of instruction), together with associated staff housing and/or
conference facilities and other typical educational accessory uses.
Section 2. A new section 18.06.336 is added to the Bainbridge Island Municipal Code as
follows: Education Institution, Public" means a school or educational training institution
which offers a program of college, professional, environmental, preparatory, high school,
middle school, junior high school, elementary or kindergarten instruction or any
combination thereof, or any other program or trade, technical or artistic instruction operated
by the Bainbridge Islm~d School District or any other public entity (excluding single day
programs of instruction) , together with associated staff housing and/or conference facilities.
Section 3. A new section 18.06.445 is added to the Bainbridge Island Municipal Code as
follows: "Governmental Institution" means an institution operated by a federal, state,
county, city government, or special purpose districts.
Section 4. Section 18.81.040 of the Bainbridge Island Municipal Code is amended as
follows:
K_~. The Parking requirements for schools shall be as follows:
.
One space per fifty students and one space per employee for elementary, middle
school, and junior high schools.
2. One space per ten school students and one per employee for high schools.
Lt~. The parking requirements for religious institutions shall be as follows:
1. i. One space per five fixed or movable seats in the main assembly area.
M. For other educational, .t~overnmental, health care and recreational facilities not covered
in provisions K and L above, the number of spaces must be adequate to accommodate the
peak shift as determined by the Director. S. For othcr educational, govcrnmental, hcalth
and rccrcation facilitics, thc numbcr of parIcing spaccs must bc adcquatc as dctcrmined by
thc Director in accordance with Bainbridgc Island Municipal Codc 18.81.040.
Section 5. Section 18.108.040 of Bainbridge Island Municipal Code is amended as follows:
C. Educational, cultural, govemmental, religious or health care facilities in residential zones
must be processed as a regular conditional use permit and meet the following criteria, in
addition to those listed above:
li. Applicants are required to submit a traffic report, showing the effects on
Level of Service on affected roads.;- and .... Proposed possible mitigations for
degradation of the LOS must be submitted as part of submi~ed with the
application.
2_ii. All sites must front on roads classified as Residential Suburban or above on ]
the Bainbridge Island Functional Road Classification Map.
3iii. Noise levels shall be in compliance with BIMC 16.16.020 and 16.16.040.A. ]
4_i-v. The appropriate approvals of sewer and water supply must be submitted at [
the time of application.
5,,'. A fencing plan or alternative methods to protect the public health, safety and ]
welfare must be submitted at the time of application.
18.06.330 Dwelling, single-family.
"Single-family dwelling" means a detached structure containing one dwelling unit and having a
permanent foundation. (Ord. 92-08 § 2, 1992)
18.06.335 Education institution, private
"Education institution, private" means a private school or educational or training institution that
offers a program of college, professional, environmental, preparatory, high school, middle school,
junior high school, elementary, kindemarten instruction, or any combination thereof, or any other
program of trade, technical or artistic instruction (excludin~ single day programs of instruction),
together with associated staff housing and/or conference facilities and other typical educational
accessory uses.
18.06.336 Education institution, public
"Education Institution, Public" means a school or educational training institution which offers a
program of college, professional, environmental, preparatory, high school, middle school, junior
high school, elementary or kindergarten instruction or any combination thereof. or any other
program or trade~ technical or artistic instruction operated by the Bainbfid~e Island School District
or any other public entity (excluding single day programs of instruction),together with associated
staff housing and/or conference facilities.
18.06.340 Factory-built home.
"Factory-built home" means any building designed to be used as a dwelling, that is constructed
primarily in a factory in compliance with the standards of the Uniform Building Code, does not
contain a permanent chassis, and is transported to the site for assembly and installation on a
permanent foundation. Such dwellings must have the insignia of approval of the Washington State
Department of Labor and Industries, in accordance with RCW 43.22. (Ord. 95-07 § 4, 1995; Ord.
92-08 § 2, 1992)
18.06.440 Group care facility.
"Group care facility" means a facility licensed by the state, that provides training, care,
supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or
those suffering from the effects of drugs or alcohol; provided group care facilities shall not include
day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons. (Ord.
92-08 § 2, 1992)
18.06.445 Governmental institution
"Governmental Institution" means an institution operated
government, or special purpose districts.
by a federal, state, county, city
18.06.450 Hazardous substance.
"Hazardous substance" means any liquid, solid, gas, sludge, including any material, substance,
product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or
criteria of hazardous waste specified in RCW 70.105.010. (Ord. 92-08 § 2, 1992)
Chapter 18.81
PARKING AND ACCESS REQUIREMENTS
Sections:
18.81.010
18.81.020
18.81.030
18.81.040
18.81.050
18.81.060
18.81.070
18.81.080
18.81.090
18 81.100
188t.110
18 81.120
18.81.130
18.81.140
Purpose.
General requirements.
Spaces required.
Reductions allowed.
Location of spaces.
Joint use.
Design standards.
Circulation and walkways in multifamily and nonresidential development.
Grades.
Setback requirements.
Landscaping requirements.
Screening.
Lighting for multifamily and nonresidential developments.
Bicycle facilities for multifamily and nonresidential developments.
18.81.010 Purpose.
The purpose of this chapter is to provide for safe, efficient and well-designed access and parking
while minimizing the environmental impact of motor vehicle facilities. (Ord. 92-08 § 2, 1992)
18.81.020 General requirements.
A. Driveways, parking, and walkways shall accommodate pedestrians, motor vehicles and bicycles
used by occupants or visitors of a structure or use. Location is subject to review of the planning
and engineering departments.
B. No building permit shall be issued until the applicant has submitted satisfactory plans
demonstrating that required parking facilities will be provided and maintained. These plans must
be approved by the city in conjunction with a permit review process or stamped approved and
signed by the city engineer.
C. Unless authorized by a conditional use permit or this title, the use of property in a residential
zone for commercial parking is prohibited.
D. Parking lots may be gravel if (1) the parking lot contains less than 10,000 square feet, or (2)
the parking lot has less than a five percent slope. All driveways and other parking areas except
those serving single-family residences, shall be hard surfaced with permanent materials such as
asphalt, concrete or unit pavers, and shall be designed to dispose of surface water, and pollutants
from motor vehicles as provided in the city's code.
E. Unless approved by the city, only a single access to public right-of-way is allowed for an
individual lot. Joint use of required access ways may be required at the discretion of the city.
F. With the exception of single-family and duplex buildings on individual lots, access and parking
spaces shall be designed so that no backing movement by a vehicle shall be allowed onto a public
right-of-way.
G. No parking space may block access to other parking spaces unless tandem parking has been
approved for a single residence or individual dwelling units of a multifamily structure. (Ord. 92-08
§ 2, 1992 )
18.81.030 Spaces required.
A. All parking lots shall comply with the minimum requirements for handicapped parking spaces,
as required by Washington State regulations related to barrier-free facilities.
B. Parking lots exceeding the number of spaces required by this section are not allowed unless
approved by the planning commission.
C. In determining the number of parking spaces required by this section, all fractions shall be
rounded up to the nearest whole number.
D. Two spaces for each permanent dwelling unit are required; provided, that each dwelling unit
situated above a commercial use in commercial zones shall require one parking space, and an
accessory dwelling unit shall require one parking space, except as modified by subsection N of
this section.
E. For retail, commercial and personal services in a building with less than 1,000 square feet of
floor area, two spaces for each employee shall be provided, except as modified by subsection N of
this section.
F. For retail, commercial and personal services in a building with 1,000 square feet of floor area
or more, four spaces per 1,000 square feet shall be provided, except as modified by subsection N
of this section.
G. Industry and light manufacturing uses shall require one stall for each employee plus one stall
for each 250 feet of office space.
H. For places of public accommodation serving food and beverage, one space for each four
occupants as determined by the department shall be provided.
I. For motels/hotels, and bed and breakfasts, one space is required for each sleeping room.
J. For places of assembly, including auditoriums, theaters and banquet rooms, 10 spaces for each
1,000 square feet of floor area or one space for each four fixed seats is required.
K. The parking requirements for schools shall be as follows:
1. One space per fifty students and one space per employee for elementary, middle school,
and junior high schools.
2. One space per ten school students and one per employee for high schools.
L. The parking requirements for religious institutions shall be as follows:
1. One space per five fixed or movable seats in the main assembly area.
M. For other educational, governmental, health care and recreational facilities not covered in
provisions K and L above, the number of spaces must be adequate to accommodate the peak shift
as determined by the Director.
N. Child day care centers shall require one stall for each on-duty shift employee plus one stall for
each 12 children served by the facility. Capacity is determined by state license requirements.
O. For other uses or special cases, parking requirements shall be established by the director. For
determination by the director, the applicant shall supply:
1. Documentation regarding actual parking demand for the proposed use; or
2. Technical studies relating the parking need for the proposed use; or
3. Required parking for the proposed use as determined by other comparable jurisdictions.
P. For the Mixed Use Town Center and the High School Road 1 and I1 zoning districts, substitute
BIMC 18.40.030 for subsections D, E and F of this section.
Q. Subject to approval as part of site plan review, the parking requirement in the central core
overlay district of the Mixed Use Town Center zoning district may be met by contributing into a
public or cooperative commercial effort to create new parking in that zone. The amount of the
contribution shall be equivalent to that necessary to provide the required number of parking
spaces.
R. In central core overlay district of the Mixed Use Town Center zoning district, new parking
spaces will not be required for additions to existing buildings that are less than 25 percent of the
existing floor area and less than 1,000 square feet. This exception to the parking requirement may
be utilized only once per property and does not apply to additions or remodeling for the purpose
of adding residential units. (Ord. 96-08 § 11, 1996; Ord. 92-08 § 2, 1992)
18.81.040 Reductions allowed.
Residential parking requirements may be reduced by 50 percent for dwelling units located within a
one-half mile radius and 25 percent for dwelling units located within a mile radius of the ferry
terminal providing scheduled service to Seattle. This provision may not be used in conjunction
with senior housing or other parking reduction arrangements. (Ord. 96-08 § 12, 1996; Ord. 92-08
§ 2, 1992 )
18.81.050 Location of spaces.
A. Parking in the Mixed Use Town Center and High School Road I and II zoning districts shall be
located behind, to the side or under buildings. Parking shall not be located between a building and
the front lot line, unless an applicant can demonstrate that locating parking between a building and
the front lot line is the only feasible location.
B. Parking outside of the Mixed Use Town Center and High School Road I and II zoning districts
is encouraged to be located behind, under or to the side of buildings.
C. Parking spaces serving dwelling units shall be located on the same lot with the building they
serve, or, if approved by the director, within 200 feet of dwelling unit if consolidated with other
spaces on a remote lot.
D. Parking spaces serving nonresidential uses may be consolidated in a remote location as
permitted by this title or as approved by the planning commission. (Ord. 96-08 § 13, 1996; Ord.
92-08 § 2, 1992)
18.81.060 Joint use.
The required parking for two or more complementary uses may be reduced up to 50 percent when
provided by a common parking lot. The reduction shall be authorized by the issuance of a
conditional use permit. (Ord. 92-08 § 2, 1992)
18.81.070 Design standards.
A. Parking lots shall be designed according to the chart below. Space depth shall be measured
exclusive of access drives and aisles, and car overhangs. Small car spaces may total no more than
30 percent of the required number.
B. Parking lots shall have direct access to a street or road easement and shall provide
unobstructed access driveways exclusive of the required parking areas.
C. Multifamily and nonresidential developments shall use access standards as shown in the chart
below.
D. Where possible, single-family residences shall share access drives.
E. Access drive widths for single-family residences shall be determined by the city engineer or fire
marshall.
Parking Chart and Diagram
A B C D E
Parking Angle Curb Length Stall
Width Depth (paved
45X
45x
45x
45x
45x
45x
60x
60x
60x
60x
60x
60x
75~*
75×
75x
75x
75x
75x
90×
90x
90×
7.5
8.5
9
7.5
8.5
9
7.5
8.5
9
10.5
120
127
105
120
127
8.7
9.8
10.4
8.7 7.5
9.8 8.5
10.4 9
7.8 7.5
8.3 8.5
9.3 9
7.8 7.5
8.3 8.5
9.3 9
7.8 7.5
8.3 8.5
9.3 9
(Ord. 92-08 § 2, 1992)
17
17.5
17.5
17
17.5
17.5
17
19
19
17.7
19
19
173
195
195
173
19.5
19.5
16
18.5
18.5
Direction of Travel
Stall Aisle Width
surface)
11 one-way
13 one-way
12 one-way
20 two-way
24 two-way
22 two-way
14 one-way
18 one-way
16 one-way
20 two-way
24 two-way
22 two-way
17.4 one-way
25 one-way
23 one-way
20 two-way
24 two-way
22 two-way
20 two-way
24 two-way
22 two-way
18.81.080 Circulation and walkways in multifamily and nonresidential development.
A. Parking lots and driveways shall provide well-defined, safe and efficient circulation for motor
vehicles, bicycles and pedestrians.
B. Landscaped islands with raised curbs shall be used to define entrances from public rights-of-
way, define pedestrian walkways from the public rights-of-way to all buildings, define ends of
parking aisles and indicate the pattern of circulation.
C. Pedestrian walkwa.ys shall be provided around buildings to the extent necessary to assure safe
access to the building from parking areas and the public right-of-way. Where appropriate, as
determined by the approving body, pedestrian walkways may be required to assure safe access to
adjacent properties.
D. Internal walkways shall be surfaced with nonskid hard surfaces, meet accessibility requirements
and be designed to provide a minimum of five feet of unobstructed width. Where walkways cross
vehicular driving lanes, the walkways shall be constructed of contrasting materials or with
maintained painted markings. Walkways shall be curbed and raised six inches above adjacent
vehicular surface grade, except where the walkway crosses vehicular driving lanes or are required
to meet accessibility standards. (Ord. 92-08 § 2, 1992)
18.81.090 Grades.
Where parking spaces are designated, grades shall not exceed six percent. Driveways and driving
lanes between separate groups of parking shall not exceed 14 percent. Parking areas on sloping
lots shall be laid out so that parked cars lie perpendicular to the slope. Where existing grades on
property proposed for a parking lot exceed 10 percent, the city may require a topographic survey
to show existing and proposed grades. (Ord. 92-08 § 2, 1992)
18.81.100 Setback requirements.
A. All parking spaces and driving aisles serving adjacent parking spaces, except those serving
single-family residences, shall not be located within required front, rear or side yards.
B. The city may approve reductions of up to 50 percent of the setback requirements and the limits
on contiguous stalls if major trees are saved and incorporated in the design of circulation and
parking. (Ord. 92-08 § 2, 1992)
18.81.110 Landscaping requirements.
Parking lots shall be landscaped in accordance with Chapter 18.85 BIMC. (Ord. 96-09 § 3
Ord. 92-08 § 2, 1992)
,1996;
18.81.120 Screening.
When a parking lot or vehicular circulation abuts side or rear yards, except when serving only
single-family residences, a sight-obscuring fence or vegetation barrier in accordance with Chapter
18.85 BIMC shall be installed within adjacent yards. Fences shall be at least five but not more
than six feet in height, and may be planted with climbing ivy or other evergreen vine. In
commercial or mixed use zones, this requirement may be waived as part of the final decision on
the permit, upon written agreement from adjoining property owners. (Ord. 96-09 § 4, 1996; Ord.
92-08 § 2, 1992)
18.81.130 Lighting for multifamily and nonresidential developments.
Driveways and parking lots may be provided with lighting that is mounted on poles or building
surfaces with lamp position not exceeding 20 feet in height. All light sources shall be hooded or
shielded so that the lamp is not visible from adjacent properties or public rights-of-way. (Ord. 92-
08 § 2, 1992)
18.81. 140 Bicycle facilities for multifamily and nonresidential developments.
All parking facilities, except those serving single-family residences, shall contain bicycle parking
facilities that allow secure locking of both the frame and wheels of a bicycle. One bicycle space
shall be provided for every three parking spaces with a minimum of five spaces provided for each
parking lot. (Ord. 92-08 § 2, 1992)
Chapter 18.108
CONDITIONAL USE PERMIT PROCEDURES
Sections:
18.108.010
18.108.020
18.108.030
18.108.040
18.108.050
18 108.060
18 108.070
18 108.080
18 108.090
18 108.100
18 108.110
Purpose.
Applicable procedure.
Submittal requirements.
Decision criteria.
Effect of conditional use permit.
Time limits.
Extension.
Adjustments to a conditional use permit.
Revocation of permit.
Appeals.
Conditional use permit - Administrative and regular.
18.108.010 Purpose.
A conditional use permit is a mechanism by which the city may require specific conditions on
development or the use of land to ensure that designated uses or activities are compatible with
other uses in the same zone and in the vicinity of the subject property. If imposition of conditions
will not make a specific proposal compatible the proposal shall be denied. (Ord. 94-03 § 2, 1994)
18.108.020 Applicable procedure.
The city shall process conditional use applications in accordance with Chapter 2.16 BIMC and the
following procedures:
A. Preapplication Conference. Prior to submittal of a conditional use permit application, the
applicant or applicant's representative shall attend a preapplication conference in accordance with
the purpose and procedures of BIMC 2.16.035. A preapplication conference for a minor
conditional use permit proposal may be waived by the director in accordance with BIMC
2.16.035.B.
B. Application. An applicant may submit an application for a conditional use permit at any time
after completion of a required preapplication conference. The applicant shall submit a complete
application as specified in BIMC 18. 108.030. Upon receipt of a complete application, the director
shall provide notice to the applicant and public in accordance with BIMC 2.16.085 and commence
the application review process. A notice of application with public comment period and a notice
of decision shall be required in accordance with B1MC 2.16.085.C and E for all conditional use
permit applications.
C. Administrative Conditional Use. An administrative conditional use process may be used for
minor projects as determined by the director. An administrative conditional use process shall
follow the review procedures set forth in BIMC 2.16.095. Minor projects may include but are not
limited to:
1. Projects that are exempt from review under the State Environmental Policy Act
(SEPA); or
2. Uses that are clearly consistent and compatible with other uses in the same zone and
vicinity; or
3. Uses specifically listed as a conditional use in the zone in which it is proposed.
D. Regular Conditional Use. All other conditional use applications shall be processed using the
procedures set forth in B IMC 2.16.100, hearing examiner decision procedures.
E. Written Comments. An administrative conditional use application that has received written
public comments during the notice of application comment period (as set forth in BIMC
2.16.085), concerning the effect on the land use application of the comprehensive plan, shoreline
master program or matters not addressed by specific provisions of this code may be processed as
a regular conditional use permit, as determined by the director.
F. Review by the Planning Commission. Prior to the final decision on an application, the director
or the hearing examiner may remand a proposal to the planning commission for review and
recommendation using the procedures set forth in BIMC 2.16.095.D or 2.16.100.C. (Ord. 96-20
§ 4, 1996; Ord. 94-03 § 2, 1994)
18.108.030 Submittal requirements.
A. A conditional use permit application and fee as established by city council resolution shall be
filed with the department by the owner of land for which the permit is sought, or by the owner's
authorized agent.
B. Required information shall include but shall not be limited to:
1. The legal description of the property, tax lot number and vicinity map; and
2. A complete and detailed written statement of the intended use of the land and the
sequence and timing of the proposed development; and,
3. A graphic scale drawing of the property indicating:
a. North point; and
b. Boundaries, easements, and ownerships as set forth in the legal description; and
c. Topography at appropriate contour intervals; and
d. Existing structures and improvements; and
e..Location of existing vegetation including all trees over 10 inches in diameter that
might be impacted by the proposal, watercourses, other natural features and
critical areas; and
f. Proposed improvements, if any; and
g. Utilities and/or septic design, if appropriate; and
h. Circulation plans; and
i. All adjacent streets and rights-of-way; and
j. Landscaping plans in accordance with Chapter 18.85 BIMC, Landscaping and
Open Space Requirements; and
4. The terms, conditions, covenants, and agreements under which the subject property is
bound, if any; and
5. An environmental checklist, when required; and
6. A statement regarding proposed dedication of trails and parks if required by Chapter
17.08 BIMC; and
7. Other plans and information deemed necessary by the director for evaluation of the
merits of the proposal.
C. The director may waive specific submittal requirements determined to be unnecessary for
review of an application. (Ord. 98-20 § 13, 1998; Ord. 96-20 § 5, 1996; Ord. 94-03 § 2, 1994)
18.108.040 Decision criteria.
A. A conditional use may be approved or approved with modifications if:
1. The conditional use is harmonious and appropriate in design, character and appearance
with the existing or intended character and quality of development in the immediate
vicinity of the subject property and with the physical characteristics of the subject
property;
2. The conditional use will be served by adequate public facilities including roads, water,
fire protection, sewage disposal facilities and storm drainage facilities;
3. The conditional use will not be materially detrimental to uses or property in the
immediate vicinity of the subject property;
4. The conditional use is in accord with the comprehensive plan;
5. The conditional use complies with all other provisions of this code;
6. The conditional use will not adversely affect the area or alter the area's predominantly
residential nature; and
7. All necessary measures have been taken to eliminate the impacts that the proposed use
may have on the surrounding area.
B. A conditional use may be approved with conditions. If no reasonable conditions can be
imposed that ensure the application meets the decision criteria of this chapter, then the application
shall be denied. (Ord. 94-03 § 2, 1994)
C. Educational, cultural, governmental, religious or health care facilities in residential zones must
meet be processed as a regular conditional use permit and meet the following criteria, in addition to
those listed above:
1. Applicants are required to submit a traffic report, showing the effects on Level of Service
on affected roads. Possible miti.~ations for degradation of the LOS must be submitted as
part of the application.
2. All sites must front on roads classified as Residential Suburban or above on the Bainbridge
Island Functional Road Classification Map.
3. Noise levels shall be in compliance with BIMC 16.16.020 and 16.16.040. A.
4. The appropriate approvals of sewer and water supply must be submitted at the time of
application.
5. A fencing plan or alternative methods to protect the public health, safety and welfare must
be submitted at the time of application.
6. The applicant shall provide perimeter buffers of vegetation either retaining existing or
plantin~ a new one in compliance with 18.85.070.D.4 (This only applies to residential
districts outside Winslow).
7. These conditional uses are limited in lot coverage to only 50% of the allowable lot coverage
in the zone in which they are located.
8. Vehicular, pedestrian, and bicycle access and site circulation must be submitted at the time
of application and approved by the City. The City Engineer may modify the requirements
of Section 18.81.020(D) and allow alternate driveway and parking area surfaces provided
that the allowed surface(s) meets City requirements for handlin~ surface water and
pollutants.
D. All of the facilities listed in 18.108.040.C above activitics which have attendees and employees
numbering tess fewer than 50 or an assembly seating area of less than 50 may have any or all the
above requirements waived by the Director, except those required elsewhere in the city code.
E. Educational programs in residential zones that are temporary or of short duration, as determined
by the Director, may be exempt from Conditional Use Permit requirements.
18.108.050 Effect of conditional use permit.
A. Once a conditional use permit is approved, no building or development shall occur contrary to
that specified in the conditional use permit.
B. The owner shall record a declaration with the Kitsap County auditor showing the land to be
bound by a conditional use permit.
1. The declaration shall reference the official files of the city through which the permit was
granted.
2. The declaration shall be a covenant running with the land.
3. No building permit shall be issued unless such declaration is recorded.
4. No building permit shall be issued for structures other than those specified in the permit. (Ord.
94-03 § 2, 1994 )
18.108.060 Time limits.
The conditional use permit automatically expires and is void if the applicant fails to file for a
building permit or other necessary development permit within three years of the effective date of
the conditional use permit unless:
A. The applicant has received an extension for the conditional use permit in accordance with
B1MC 18.108.070; or
B. The conditional use permit approval provides for a greater time period. (Ord. 94-03 § 2, 1994)
18.108.070 Extension.
The department may extend a conditional use permit once for a period not to exceed one year if:
A. The extension request is received by the department no later than 30 days prior to the
expiration of the permit;
B. Unforeseen circumstances or conditions necessitate the extension of the permit;
C. Termination of the permit would result in unreasonable hardship to the applicant, and the
applicant is not responsible for the delay; and
D. An extension of the permit will not cause substantial detriment to existing uses in the
immediate vicinity of the subject property. (Ord. 94-03 § 2, 1994)
18.108.080 Adjustments to a conditional use permit.
A. Minor adjustments to an approved conditional use permit may be made after review and
approval by the director. Minor adjustments are those that entail minor changes in dimensions or
siting of structures, location of public amenities, but do not entail changes to the intensity or
character of the use.
B. For both administrative and regular conditional use permits, adjustments other than minor
adjustments to an approved conditional use permit require an amended application and shall be
processed in the same manner as a new conditional use permit application. Major adjustments are
those which change the basic design, intensity, density, and/or use. (Ord. 94-03 § 2, 1994)
18.108.090 Revocation of permit.
A. The administrative conditional use permit may be revoked by the director and a regular
conditional use permit may be revoked by the hearing examiner following the procedures in
Chapter 2.16 B IMC upon the finding of any one or more of the following:
1. That the approval was obtained by deception, fraud or other intentional or misleading
representation;
2. That the use for which approval was granted has been changed or has at any time been
discontinued for a year or more;
3. That the permit granted is being exercised contrary to the terms or conditions of such
approval or in violation of the zoning code; or
4. That the use for which the approval was granted was so exercised as to be detrimental
to the public health or safety. (Ord. 94-03 § 2, 1994)
18.108.100 Appeals.
A. Appeal of an Administrative Decision. A decision on an administrative conditional use may be
appealed to the hearing examiner in accordance with the provisions of BIMC 2.16.130.
B. Appeal of a Hearing Examiner Decision. A decision on a regular conditional use may be
appealed to the city council in accordance with the provisions of BIMC 2.16.140. (Ord. 96-20 §
6, 1996; Ord. 94-03 § 2, 1994)
18.108.110 Conditional use permit - Administrative and regular.
Note: If a conflicts exists between the text and this chart, the text prevails.
(Ord. 96-20 § 7, 1996)
_6vi. The applicant shall provide perimeter buffers of vegetation either retaining
existing or planting a new one in compliance with 18.85.070.D.4 (This only
applies to residential districts outside Winslow).
7_vii. These conditional uses are limited in lot coverage to only 50% of the
allowable lot coverage in the zone in which they are located.
8viii. Vehicular, pedestrian, and bicycle access and site circulation must be
submitted at the time of application and approved by the City. The City Engineer
may modify the requirements of Section 18.81.020(D) and allow altemate
driveway and parking area surfaces provided that the allowed surface(s) meets
City requirements for handling surface water and pollutants.
b. All of the above facilities activitics which have attendees and employees numbering tess
fewer than 50 or an assembly seating area of less than 50 may have any or all the above
requirements waived by the Director, except those required elsewhere in the city code.
c. Educational programs in residential zones that are temporary or of short duration, as
determined by the Director, may be exempt from Conditional Use Permit requirements.
Section 6. 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 other city code provisions.
Section 7. 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 4th day of February , 1999.
APPROVED by the Mayor this
5th day of February, 1999.
~u* tto~,~~o
A ]TEST/A UTH ENTI C ATE:
sper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION DATE:
EFFECTIVE DATE:
ORDINANCE NUMBER:
REF: G:/TRN/CITYHALL/CLERK/CUPORD3