ORD 96-20 LAND USE APPLICATION REVIEW PROCEDURESMay 8, 1996
ORDINANCE 96-20
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to land use
application review procedures; adding a new Sections 18.03.005, 18.108.110,
18.111.090 and 18.120.130; amending Sections 18.03.030, 18.108.020, 18.108.030,
18.111.020,18.108.100, 18.111.020, 18.111.030, 18.111.080, 18.114.010, 18.114.020,
18.114.030, 18.114.050, 18.114.060, 18.117.070, and 18.120.050; and repealing
Sections 18. 102.030, 18.111.070, 18.114.070 and 18.114.080 of the Bainbridge Island
Municipal Code.
WHEREAS, ESHB 1724, passed by the Legislature in 1995, requires the City to adopt
procedures which provide integrated and consolidated land use permitting; provide for one open
record hearing and one closed record appeal; provide review time periods for land use
applications; and provide notification and comment periods to applicants and the public; and
WHEREAS, the City Council has amended Chapter 2.16 of the Bainbridge Island Municipal
Code adopting procedures required by ESHB 1724; and
WHEREAS, portions of the Zoning Code, Title 18 of the Bainbridge Island Municipal Code,
must be amended to implement the adopted procedures of Chapter 2.16; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN as follows:
Section 1. A new section 18.03.005 is added to the Bainbridge Island Municipal Code as
follows:
18.03.005 Title
This chapter title and amendments hereto shall be entitled "Zoning Code" and may be cited as
such.
Section 2. Section 18.03.030 of the Bainbridge Island Municipal Code, General Provisions, is
amended as follows:
18.03.030 Amendments to title, zoning map or comprehensive plan.
All proposals to amend the zoning code7 and zoning map, comprehensive plan and
comprchensivc plan map shall be processed in accordance with the provisions of Chapter 2.16
2.18 and this title. All proposed amendments to the comprehensive plan and comprehensive plan
map shall be processed in accordance with the procedures set forth in and this title.
Section 3. Section 18.102.030 of the Bainbridge Island Municipal Code, "Hearing, final
actions, and appeals", is repealed.
Section 4. Section 18.108.020 of the Bainbridge Island Municipal Code, Conditional Use
Procedures, is amended as follows:
18.108.020 Applicable procedure.
The city shall process conditional use applications in accordance with Chapter 2.16 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 Section 2.16.035. A preapplication
conference for a minor conditional use permit proposal may be waived by the Director in
accordance with Section 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 Section 18.108.030. 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. A Notice of Application with
public comment period and a Notice of Decision shall be required in accordance with Sections
2.16.085 C and E for all conditional use permit applications.
C:4. 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 EIMC Section 2.16.010 095. 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. Thc use is Uses specifically listed as a conditional use in the zone in which it
is proposed.
D__~. Regular Conditional Use. All other conditional uses applications shall be processed
using the procedures set forth in BI~,{C Section 2.16.050 100, Hearing Examiner decision
procedures.
EG. Written Comments from Affected Property Owncrs. An administrative conditional
use application Proposals that hasve received written public comments from affected property
ew-ner-s during the early notice of application comment period (as set forth in Section 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 identifying potential
impacts that cannot be addressed by the addition of reasonable conditions, may ska!! be
processed as a regular conditional use permits. as determined by the Director.
D. Early Notice. Upon receipt of an application for an administrative conditional use,
if the conditional use is excmpt from review under SEPA, the dcpartmcnt shall provide notice
of receipt of the proposed conditional use following the procedures in BIMC 2.16.020.C. 1 and
3. Thc notice shall providc for a ten day early comment pcriod on the proposed conditional use.
If the proposal is not exempt from SEPA, the SEPA notice shall be considered early notice.
Eli. Review by the Planning Commission. Any applicant for a conditional use or any
affected property owner who submitted written comments requesting Planning Commission
review during the carly notice comment period may request that a proposed conditional use be
2
rcvicwed by thc Planning Commission for recommendation to 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 EIMC Section
2.16.020.095 D or Section 2.16.100 C. Recommendations on administrative conditional uses
shall be forwarded to the Director. The Director or the Hearing Examiner may remand a
proposal to the Planning Commission for review and recommendation.
Section 5. Section 18.108.030 of the Bainbridge Island Municipal Code, Submittal requirements,
is amended as follows:
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 ten inches in
diameter that might be impacted by the proposal, watercourses, other natural features and
environmentally sensitive 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 8d 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 ~Tuc-. and
7. Other plans and information deemed necessary by the director for evaluation
of the merits of the proposal.
C. An application shall not be considered complete until all submittal requircments, the
required fee and any other support materials required by the director are submitted to the
departmcnt.
DC. The director may waive specific submittal requirements determined to be
unnecessary for review of an application.
3
Section 6. Section 18.108.100 of the Bainbridge Island Municipal Code, Conditional Use
Appeals, is amended as follows:
18.108.100 Appeals.
A. Appeal of an Administrative Decision. A decision on an administrative conditional use
may be appealed to the Hearing Examiner within 10 calendar days it} accordance with the
provisions of ttIMC Section 2.16.060 130.
B. Appeal of a Hearing Examiner Decision. A decision on a regular conditional use may
be appealed to the City Council within 10 calendar days in accordance with the provisions of
BIMC 2.16.060 140.
Section 7. A new Table 18.108.110 is added to the Bainbridge Island Municipal Code as
follows:
4
Conditional Use Permit ( Administrative & Regular)
I Preapplication Conference
V
I Application Submittal
I Project Review and SEPA Review
Regular Process Permit Coordinator's
Recommendation to
Director
Notice of Complete Application - 28
days from receipt of application
Notice of Application - 14 day public
comment period required *
Administrative Process
Optional
mediation
available
(B C
2.19)
SEPA
Appeal
1
t
SEPA Official -
SEPA
Determination*w/15
day public comment
period
Report to Heating
Examiner
Public Hearing w/
Hearing Examiner on
application & SEPA
appeal, if applicable *
Hearing Examiner
Decision on Decision on
SEPA Appeal Application
V
Optional Planning
__ _. Commission
Review upon
Director request *
Optional Planning
Commission Review
upon Heating Examiner
request *
I
I
l
l
Appeal of
application
Notice of Decision and appeal period - to decision to
Applicant and interested persons City Council
Final Report
Optional
mediation
available
(BnvtC 2.19)
r -~
Director's SEPA Official's
Decision on SEPA
Application Determination*
-"I
Notice of Decision and Appeal
Appeal to petiod combined with SEPA Appeal to
Heating determination - 15 day Heating
Examiner comment period, 21 day Examiner
appeal period.
V
* Oppommity for public participation or public comment
Note: If a conflict exists between the text and this chart, tba text prevails.
Section 8. Section 18.111.020 of the Bainbridge Island Municipal Code, Variances, is amended
as follows:
18.111.020 Applicable procedure.
The city shall process variance applications in accordance with Chapter 2.16 and the following
procedures:
A___~. Preapplication conference. Prior to submittal of a variance application, the
applicant or applicant' s representative shall attend a preapplication conference in accordance with
the purpose and procedures of Section 2.16.035. A preapplication conference for a minor
variance proposal may be waived by the Director in accordance with Section 2.16.035 B.
B__. Application. An applicant may submit an application for a variance at any time
after completion of a required preapplication conference. The applicant shall submit a complete
application as specified in Section 18.108.030. 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. A Notice of Application with public comment period
and a Notice of Decision shall be required in accordance with Section 2.16.085 C and E for all
variance applications.
C_:~. Administrative Variance. An administrative variance process may be used for minor
projects as determined by the director. Administrative variances shall follow the review
procedures set forth in BIMC Section 2.16.010095. Minor projects should be limited to:
1. Projects that are exempt from review under the State Environmental Policy Act
(SEPA); or
2. Proposals for less than a 25 percent encroachment in required yards; or
3. Proposals of less than a 25 percent increase in lot coverage.
DB. Regular Variance. All other variances shall be processed using the procedures set
forth in BI~x~C Section 2.16.050 100, Hearing Examiner decision procedures.
EG. Written Comments from Affected Property Owners. An administrative variance
Proposals that has_re received written public comments from affected property owncrs during the
ear-t-y notice of application comment period (as set forth in Section 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, identifying potential impacts that
cannot be addressed by the addition of reasonable conditions, shall may be processed as a
regular variances, as determined by the Director.
D. Early Notice. Upon receipt of an application for an administrative variance, if the
variance is exempt from review under the State Environmental Policy Act (SEPA), the
dcpartmcnt shall providc notice of receipt of the proposed variance following thc procedurcs in
BIMC 2.16.020.C. 1 and 3. The notice shall provide a ten day early comment period on the
proposed variance. If thc proposal is not exempt from SEPA, thc SEPA noticc shall bc
considered early notice.
Fti. Review by the Planning Commission. Any applicant for a conditional use or any
affected property owner who submitted written comments requesting Planning Commission
review during the early notice comment period Prior to a final decision on an application, the
Director or Hearing Examiner may request that a proposed variance application be reviewed by
the Planning Commission for recommendation to the director or the Hearing Examiner using the
6
procedures set forth in BI~,{C Section 2.16.020.095 D or Section 2.16. 100 C. Recommendations
on administrative variances shall be forwarded to the director. The director or the Hearing
Examiner may remand a project to the Planning Commission for review and recommendation.
Section 9. Section 18.111.030 of the Bainbridge Island Municipal Code, Variances, is amended
as follows:
18.111.030 Submittal requirements.
A. A variance 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 reason(s) for requesting the
variance and the sequence and timing of any 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. Existing structures and improvements; and
d. Topography at appropriate contour intervals; and
e. Location of existing vegetation, including all trees over ten inches in
diameter that might be impacted by the proposal, watercourses, other natural features and
environmentally sensitive areas; and
f. Proposed improvements, if any; and
g. Utilities and/or septic designs and circulation plans, if appropriate; and
h. All adjacent streets and rights-of-ways; 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. Other plans and drawings deemed necessary by the director for evaluation of
the merits of the proposal.
C. An application shall not bc considered complete until all submittal requirements, the
required fec and any other supporting materials required by the director are submitted to the
department.
t~C. The director may waive specific submittal requirements determined to be
unnecessary for review of an application.
Section 10. Section 18.111.070, "Revocation of permit," of the Bainbridge Island Municipal
Code is repealed.
7
Section 11. Section 18.111.080 of the Bainbridge Island Municipal Code, Variance Appeals,
is amended as follows:
18.111.080 Appeals.
A. Appeal of an Administrative Decision. A decision on an administrative variance may
be appealed to the Hearing Examiner within 10 calendar days in accordance with the provisions
of BI~,~C Section 2.16.060 130.
B. Appeal of a Hearing Examiner Decision. A decision on a regular variance may be
appealed to the City Council within 10 calendar days in accordance with the provisions of BI~,{C
Section 2.16.060 140.
Section 12. A new Table 18.111.090 is added to the Bainbridge Island Municipal Code as
follows:
Variance
( Administrative & Regular)
I Preapplication Conference
Application Submittal
Regular Process
Project Review
Permit Coordinator's
Recommendation to
Director
Notice of Complete Application - 28
days from receipt of application
Notice of Application - 14 day public
comment period required *
Administrative Process
Optional
mediation
available
(BnWC 2.19)
Report to
Hearing Examiner
Public Hearing w/
Heating Examiner
Hearing Examiner's
Decision on
Application
Notice of Decision and appeal
period - to Applicant and
interested persons
Optional Planning
Commission Review
upon Director request *
Optional Planning
Commission Review
upon Hearing
Examiner request *
I
Note:
Appeal to
city
Council
If a conflict exists between the text and
_ _ _ _~ Final Report
Optional
mediation
available
(BnV~C 2.
Director's
Decision on
Application
Notice of Decision and appeal
period - to Applicant and
interested persons
Appeal to
Hearing
Examiner
· Oppommity for public participation or public comment
this chart, the text prevails.
Section 13. Section 18.114.010 of the Bainbridge Island Municipal Code, Rezone, is amended
as follows:
18.114.010 Purpose.
This chapter establishes the process and criteria for changing the zoning classification of specific
property from one zoning designation to another, or to change conditions imposed in a contract
rezone agreement.
A property rezone may reflect changed circumstances or new land use needs and shall be
consistent with the city's current comprehensive plan.
Section 14. Section 18.114.020 of the Bainbridge Island Municipal Code, Rezone, is amended
as follows:
18.114.020 Who may apply.
A-:. The city, aAny owner or authorized agent, or group of owners of contiguous property
acting jointly and representing at least 75 percent of the assessed valuation of the subject
property, or their authorized agent, may apply for a rezone.
B. The city council at any time may direct the agency to consider modification to specific
areas of the zoning ordinance text or official zoning map.
C. The agency at any time may initiate consideration of changes to the zoning ordinance
text or official zoning map.
Section 15. Section 18.114.030 of the Bainbridge Island Municipal Code, Rezone, is amended
as follows:
18.114.030 Application - Requirements.
A. An application for a rezone may be filed only if the proposal is consistent with the
Bainbridge Island Comprehensive Plan. If it is not consistent with the Comprehensive Plan, it
shall be filed as a Comprehensive Plan Amendment.
AB. For site specific requests, An application for a rezone shall be made on forms
prescribed by the department and shall be accompanied by a filing fee as required by city
resolution. The application shall contain the following:
1. A legal description of the property and tax lot number;
2. A vicinity map showing zoning designations on properties within 300 feet of
subject parcel;
3. The names, addresses and telephone numbers of all property owners together
with proof of ownership;
4. A detailed description of the proposed use for which the rezone is sought and
how such action meets the decision criteria in this chapter;
5. A statement explaining how the subject property is suitable for the proposed
rezone and why the rezone would not be detrimental to surrounding land uses. The statement
should address topography, streets, adjacent land uses, and other pertinent factors that would
justify the proposed rezone; and
6. Any other materials the department or the agency determines are required to
adequately describe the proposal.
10
B. For legislative actions, no application will be required.
C. An application shall not be considered complete until the application, fee and all
supporting materials arc submitted to the department.
t~C. The city may defer review of a rezone proposal if that area is scheduled for
comprehensive plan review or review of the comprehensive plan is reasonably likely to occur
within the following year.
Section 16. Section 18.114.050 of the Bainbridge Island Municipal Code, Rezones, is amended
as follows:
18.114.050 Public hearing - Quasi-judicial.
:~. Within 30 days after receipt of a staff analysis and completed application for a
site-specific rezone, the Department shall forward its findings and recommendations to the
Hearing Examiner, who shall conduct a public hearing in accordance with the hearings
procedures set forth in Section 2.16.110, City Council Decision Procedures.
B. Within 30 days after completion of the public hearing, the Hearing Examiner shall
forward findings and recommendations to the City Council in accordance with Chapter 2.16.
Section 17. Section 18.114.060 of the Bainbridge Island Municipal Code, Rezones, is amended
as follows:
18.114.060 Council action - Quasi-judicial.
Within 30 days after receipt of the recommendation of the Hearing Examiner on a site-specific
rezone, the council, in accordance with the procedures set forth in Section 2.16.110, shall, in
a public meeting, make a decision on the rezone or remand the application to the Hearing
Examiner. In the event the council modifies the recommendation of the Hearing Examincr, the
council shall make its own findings of fact and set forth in writing its reasons for the action
Section 18. Section 18.114.070 of the Bainbridge Island Municipal Code, Rezones, is repealed.
Section 19. Section 18.114.080 of the Bainbridge Island Municipal Code, Rezones, is repealed.
Section 20. Section 18.117.070 of the Bainbridge Island Municipal Code, Comprehensive Plan
Amendment Procedures, is amended as follows:
18.117.070 Council public hearing and notice.
The City Council will review the recommendations of the Planning Commission and may hold
a public hearing for the purpose of receiving public comment regarding the merits of proposed
amendments that have been recommended by the Planning Commission. Notice of the hearing
will be given in the same manner as notice of other City Council hearings pursuant to Section
2.16.070 085 D. The notice and public hearing for proposed comprehensive plan amendments
may be combined with any notice or public hearing for proposed amendments to the land use
11
Zoning Ceode or for other actions of the City Council. Written comments may be given by
anyone to the City Council regarding proposed plan amendments.
Section 21. Section 18.120.050 of the Bainbridge Island Municipal Code, Planned Unit
Development Procedures, is amended as follows:
18.120.050 Application and review procedure.
The City shall process a planned unit development in accordance Section 2.16.110, "City
Council decision procedures" and the following with the following procedures:
A. The applicant may shall submit preliminary materials and plans to the Department for
consideration at a preapplication conference in accordance with Section 2.16.035, Preapplication
Procedure. Applicants requesting a pre application confcrcncc shall pay an appropriate fec as
established by the city by resolution.
B. A complete application shall be submitted with all required documentation, materials
and 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. A Notice of Application with
public comment period and a Notice of Decision shall be required in accordance with Section
2.16.085 C and E for all PUD applications.
C. If Planning Commission review is requested by the Director or Hearing Examiner.
A a staff report shall be prepared and delivered for review by the Planning Commission ~.
D. The Planning Commission agency shall make recommendations to the Hearing
Examiner.
E. The Hearing Examiner will conduct a public hearing and file findings of fact,
conclusions of law, and recommendations with the City Clerk's Office.
F. The City Council, at its next available meeting, will review the application and affirm,
modify or deny the application or remand the application to the Hearing Examiner for further
review.
G. The decision of the City Council shall be final, unless within 21 days after issuance
of a decision, a person with standing appeals the decision in accordance with RCW Chapter
36.70 C.
Any person aggrieved by the decision of thc City Council may file an appeal to the Kitsap
Superior Court in accordance with state law.
Section 22. Section 18.120.060 of the Bainbridge Island Municipal Code, Planned Unit
Development Procedures, is amended as follows:
18.120.060 Submittal requirements.
A. A planned unit 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 and
the sequence and timing of the proposed development;
12
description,
3. A scale drawing of the property indicating:
a. Noah 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 including all trees over six inches in diameter,
watercourses, and other natural features,
f. All proposed improvements, including building footprints,
g. Utilities plans,
h. Circulation plans on and off the site, including transit access,
i. Landscaping plans,
j. Other plans and drawings deemed necessary for evaluation, and
k. All adjacent streets and rights-of-ways;
4. The terms, conditions, covenants, and agreements regarding the intended
development and terms, conditions, covenants, and agreements under which the property is
bound;
5. An environmental checklist when required by the State Environmental Policy
Act, codified at Chapter 16.04; and
6. A statement regarding proposed dedication of trails and parks if required by
Chapter 17.08.
C. An application shall not be considered complete until all submittal requirements listed
in Section 18.120.060B, fecs and all supporting matcrials arc submitted to the departmcnt.
D. The director or designee may waive specific submittal requirements determined to be
unnecessary for review of an application.
Section 23. A new Table 18.120.130 is added to the Bainbridge Island Municipal Code as
follows:
13
Planned Unit Development (PUD)
I Preapplication Conference
I Application Submittal
Notice of Complete Application - 28
days from receipt of application
Optional mediation
available
(BIMC 2.19)
V
SEPA
Appeal
I
I
IProject Review and SEPA Review
SEPA Official -
SEPA Determination*w/l 5
-- -- day public comment period
Public Hearing w/Heating Examiner
on PUD and SEPA Appeal, if
applicable *
Hearing Examiner
Recommendation Decision on
to City Council Appeal
;
City Council Public meeting
Decision on PUD
Notice of Application - 14 day public
comment period required *
Optional Planning Commission
Review upon Director request
L
V
Optional Planning Commission
Review upon Hearing
Examiner request
Notice of Decision and appeal
period - to Applicant and
interested persons
* Opportunity for public
Appeal to
participation or public
Court comment
Note: If a conflict exists between the text and this chart, the text prevails.
Section 24: Effective date.
and after its passage, approval, and publication as required by law.
This ordinance shall take effect on and be in force five days from
PASSED by the City Council this 6th day of June
APPROVED by the Mayor this __
ATTEST/AUTHENTICATE:
r
Susan P. Kaspe, City C
, 1996Z
12th day of June , 1996.
Janet K. West, Mayor
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION: June 12, 1996
POSTED: June 12, 1996
EFFECTIVE DATE: June 17, 1996
ORDINANCE NO.: 96-20
C :\ORD\ZCAMND\ZCAMND .08
April 26, 1996
June 6, 1996
15