ORD 2011-02 LAND USE PROVISIONSEXHIBIT A – Title 2
City of Bainbridge Island
Title 2: Administration, Personnel, and Land Use
Procedures
Prepared by:
CLARION ASSOCIATES, LLC
621 17th Street, Suite 2250
Denver, Colorado 80290
(303) 830-2890
(303) 860-1809 fax
In association with
Charles Wolfe, Attorney-at-Law
ReadWagoner
November 2011
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City Council Public Hearing Draft, Title 2, Procedures November 2011
TABLE of CONTENTS
2.02 THROUGH 2.12 UNCHANGED ............................................................................. 1
2.14 LAND USE APPROVAL BODIES .......................................................................... 1
2.14.010 City Council ........................................................................................................... 1
2.14.020 Planning Commission ............................................................................................ 1
A. Purpose and role of the planning commission ................................................................ 1
B. Duties and responsibilities .............................................................................................. 2
C. Composition– Appointments – Terms – Residency – Chairpersons .................................. 2
D. Forfeiture of office .......................................................................................................... 3
E. Meetings ......................................................................................................................... 4
F. Quorum and voting ......................................................................................................... 4
G. Public Meetings and Hearings ......................................................................................... 4
H. Public records ................................................................................................................. 5
I. Consultants .................................................................................................................... 5
J. Conflict of interest .......................................................................................................... 5
K. Support Staff ................................................................................................................... 5
2.14.030 Hearing Examiner .................................................................................................. 7
A. Policy .............................................................................................................................. 7
B. Qualifications – Appointment– Term – Removal .............................................................. 7
C. Hearing examiner duties and responsibilities ................................................................. 7
D. Noninterference in performance of duties ...................................................................... 8
E. Legal counsel for hearing examiner ................................................................................ 8
F. Disqualification of hearing examiner .............................................................................. 8
2.14.040 Design Review Board ........................................................................................... 10
A. Membership – Appointment – Term .............................................................................. 10
B. Vacancies – Removal ..................................................................................................... 10
C. Organization ................................................................................................................. 10
D. Duties and responsibilities ............................................................................................ 10
E. Open meetings ............................................................................................................. 11
F. Public records ............................................................................................................... 11
G. Conflict of interest ........................................................................................................ 11
2.14.060 Historic Preservation Commission ........................................................................ 12
2.14.070 Fort Ward Historic Review Committee ................................................................... 12
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2.16 LAND USE REVIEW PROCEDURES .................................................................. 13
2.16.010 Land Use Procedures Summary Table ................................................................... 14
2.16.020 General Provisions ............................................................................................... 16
A. Jurisdiction ................................................................................................................... 16
B. State Environmental Policy Act May Apply ..................................................................... 16
C. Types of Land Use Applications .................................................................................... 16
D. Who Can Apply ............................................................................................................. 17
E. Prohibited Ex Parte Communications ............................................................................ 17
F. Design Review Board Review ......................................................................................... 18
G. Preapplication Procedure .............................................................................................. 18
H. Application ................................................................................................................... 20
I. Fees .............................................................................................................................. 21
J. Application Timeframes ................................................................................................ 22
K. Notice Requirements ..................................................................................................... 24
L. Land Dedication ............................................................................................................ 29
M. Time Limits and Extensions .......................................................................................... 29
N. Required Notices on Title .............................................................................................. 30
O. Approval Binding .......................................................................................................... 30
P. Appeals ......................................................................................................................... 30
Q. Housing Design Demonstration Projects ....................................................................... 33
2.16.030 Administrative Review -- in General .................................................................... 44
A. Purpose ........................................................................................................................ 44
B. Applicability .................................................................................................................. 44
C. Public Comment ........................................................................................................... 44
D. Decision Procedures ..................................................................................................... 44
E. Single Report ................................................................................................................ 45
F. Department Director Decision ....................................................................................... 46
G. Corrections or Clarification ........................................................................................... 46
H. Effect of Decision .......................................................................................................... 46
I. Revocation of Administrative Approvals ........................................................................ 46
2.16.040 Site Plans and Design Review ............................................................................... 48
A. Purpose ........................................................................................................................ 48
B. Applicability .................................................................................................................. 48
C. Procedures .................................................................................................................... 49
D. Design Process ............................................................................................................. 50
E. Decision Criteria ........................................................................................................... 52
F. Action of Director ......................................................................................................... 54
G. Adjustments to Approved Site Plan ............................................................................... 54
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2.16.050 Minor Conditional Uses ........................................................................................ 55
A. Purpose ........................................................................................................................ 55
B. Applicability .................................................................................................................. 55
C. Procedures .................................................................................................................... 56
D. Non-Agricultural Minor Conditional Use Decision Criteria ............................................ 56
E. Agricultural Conditional Use Decision Criteria .............................................................. 57
F. Exemption From Height Limit For Structures in any Zone District ................................. 58
G. Conversion to Major Conditional Use Permit ................................................................. 58
H. Adjustments to Approved Minor Conditional Use Permit............................................... 58
2.16.060 Minor Variance ...................................................................................................... 59
A. Purpose ........................................................................................................................ 59
B. Applicability .................................................................................................................. 59
C. Procedures .................................................................................................................... 60
D. Decision Criteria ........................................................................................................... 60
E. Conversion to Major Variance ....................................................................................... 61
2.16.070 Short Subdivisions ................................................................................................. 62
A. Purpose ........................................................................................................................ 62
B. Applicability .................................................................................................................. 62
C. Procedure ..................................................................................................................... 62
D. Vesting ......................................................................................................................... 62
E. Preapplication Conference ............................................................................................ 63
F. Optional Additional Application Materials ..................................................................... 63
G. Review of Preliminary Short Subdivision Application ..................................................... 63
H. Civil Plan Review ........................................................................................................... 66
I. Review of Final Short Subdivision Application ............................................................... 66
J. Modification of Preliminary or Final Short Subdivision Before Filing .............................. 69
K. Requirements for Filing Plat .......................................................................................... 69
L. Further Subdivision ....................................................................................................... 70
M. Disclaimer as to Streets ................................................................................................ 70
N. Assurance of Improvements.......................................................................................... 70
O. Amendment to Approved Short Subdivision .................................................................. 70
2.16.080 Large Lot Subdivisions ......................................................................................... 72
A. Purpose ........................................................................................................................ 72
B. Applicability .................................................................................................................. 72
C. Procedure ..................................................................................................................... 72
D. Vesting ......................................................................................................................... 72
E. Review of Preliminary Large Lot Subdivision Application ............................................... 73
F. Civil Plan Review ........................................................................................................... 75
G. Review of Final Large Lot Subdivision Application ......................................................... 75
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H. Improvements ............................................................................................................... 76
I. Assurance of Improvements.......................................................................................... 77
J. Modification of Preliminary or Final Large Lot Subdivisions Before Filing ...................... 77
K. Disclaimer as to Streets ................................................................................................ 78
L. Further Division ............................................................................................................ 78
M. Requirements for Filing Plat .......................................................................................... 78
N. Amendment to Approved Large Lot Subdivision ........................................................... 78
2.16.090 Boundary Line Adjustment ................................................................................... 79
A. Purpose ........................................................................................................................ 79
B. Applicability .................................................................................................................. 79
C. Procedure ..................................................................................................................... 79
D. Decision Criteria ........................................................................................................... 80
E. Requirements for Filing Boundary Line Adjustment ...................................................... 80
F. State Procedure for Disputed or Missing Boundary Lines .............................................. 80
2.16.100 Quasi-Judicial Review by Hearing Examiner – In General ....................................... 81
A. Purpose ........................................................................................................................ 81
B. Applicability .................................................................................................................. 81
C. Procedures .................................................................................................................... 81
2.16.110 Major Conditional Use Permit ................................................................................. 85
A. Purpose ........................................................................................................................ 85
B. Applicability .................................................................................................................. 85
C. Procedures .................................................................................................................... 86
D. Decision Criteria ........................................................................................................... 86
E. Additional Decision Criteria for Institutions in Residential Zones .................................. 88
F. Approval of Additional Height in Non-Residential Districts ........................................... 88
G. Effect of Approval ......................................................................................................... 89
H. Amendments to Approved Major Conditional Use Permit .............................................. 89
2.16.120 Major Variances .................................................................................................... 91
A. Purpose ........................................................................................................................ 91
B. Applicability .................................................................................................................. 91
C. Procedures .................................................................................................................... 92
D. Referral to the Planning Commission ............................................................................ 92
E. Decision Criteria ........................................................................................................... 92
2.16.130 Quasi-Judicial Review by City Council – In General ................................................ 94
A. Purpose ........................................................................................................................ 94
B. Applicability .................................................................................................................. 94
C. Procedures .................................................................................................................... 94
D. City Council Public Meeting .......................................................................................... 95
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E. Elements to be Considered ........................................................................................... 95
F. City Council Action ....................................................................................................... 95
2.16.140 Site-Specific Rezones........................................................................................... 96
A. Purpose ........................................................................................................................ 96
B. Applicability .................................................................................................................. 96
C. Procedure ..................................................................................................................... 96
D. Who may apply ............................................................................................................. 97
E. Application ................................................................................................................... 97
F. Public Hearing Before Hearing Examiner ....................................................................... 97
G. Council Action .............................................................................................................. 97
H. Decision Criteria ........................................................................................................... 98
I. Development Agreements ............................................................................................. 99
2.16.160 Long Subdivisions ................................................................................................ 100
A. Purpose ...................................................................................................................... 100
B. Applicability ................................................................................................................ 100
C. Procedure ................................................................................................................... 100
D. Vesting ....................................................................................................................... 101
E. Preapplication Conference .......................................................................................... 101
F. Optional Additional Application Materials ................................................................... 101
G. Review of Preliminary Long Subdivision Application .................................................... 101
H. Decision Criteria For Preliminary Long Subdivisions .................................................... 103
I. Civil Plan Review ......................................................................................................... 105
J. Phased Development of Long Subdivision ................................................................... 105
K. Timeline for Review of Final Plat ................................................................................. 105
L. Submittal of Final Plat ................................................................................................. 106
M. Review of Final Long Subdivision ................................................................................ 106
N. City Council Review and Approval of Final Long Subdivision ....................................... 106
O. Modification of Preliminary or Final Long Subdivision Before Filing ............................. 107
P. Requirement for Filing Plat ......................................................................................... 108
Q. Amendment of Disapproved Application ..................................................................... 108
R. Assurance of Improvements........................................................................................ 108
S. Amendment to Approved Long Subdivision ................................................................ 108
T. Expiration of Final Long Subdivision ........................................................................... 108
2.16.170 Consolidated Project Review .............................................................................. 109
A. Purpose ...................................................................................................................... 109
B. Applicability ................................................................................................................ 109
C. Procedures .................................................................................................................. 109
D. Planning Commission and/or Hearing Examiner Review ............................................. 109
E. Public Hearing ............................................................................................................ 110
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2.16.180 Legislative Review of Regulations and Area-Wide Rezones .................................. 111
A. Purpose ...................................................................................................................... 111
B. Applicability ................................................................................................................ 111
C. Who Can Apply ........................................................................................................... 111
D. Planning Commission Review and Recommendation ................................................... 111
E. Planning Commission Action and Written Recommendation ....................................... 112
F. City Council Review ..................................................................................................... 112
G. City Council Action ..................................................................................................... 113
H. Transmittal to State .................................................................................................... 113
2.16.190 Legislative Comprehensive Plan Amendments ...................................................... 114
A. Purpose ...................................................................................................................... 114
B. Applicability ................................................................................................................ 114
C. Policy Amendments .................................................................................................... 115
D. Map Amendments ....................................................................................................... 116
E. Amendments Submitted by the City ............................................................................ 116
F. Frequency of Amendments ......................................................................................... 116
G. Review Process ........................................................................................................... 116
H. Decision Criteria ......................................................................................................... 118
I. Public Involvement ...................................................................................................... 119
J. Transmittal to State .................................................................................................... 120
2.16.210 Special Area Plan Process ................................................................................... 121
A. Purpose ...................................................................................................................... 121
B. Applicability ................................................................................................................ 121
C. Beginning the Process ................................................................................................. 121
D. Interdepartmental Staff Team ..................................................................................... 121
E. Special Planning Area Steering Committee .................................................................. 122
F. Initial Public Meeting .................................................................................................. 123
G. Plan Development ....................................................................................................... 124
H. Incorporation of SEPA Review ...................................................................................... 125
I. Final Plan .................................................................................................................... 125
2.02 Through 2.12 Unchanged
2.14.010 City Council
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22..0022 TTHHRROOUUGGHH 22..1122 UUNNCCHHAANNGGEEDD
The following sections of Title 2 remain unchanged:
2.02 City Business Hours and Facilities
2.04 City Council Meetings
2.06 Wards
2.07 Ethics Program
2.08 City Officers
2.12 Fire Marshal
22..1144 LLAANNDD UUSSEE AAPPPPRROOVVAALL BBOODDIIEESS
2.14.010 CITY COUNCIL
The city council of Bainbridge Island serves as the legislative body for the municipality and the
decision-maker on some types of quasi-judicial land use decisions. More specifically, city
council makes final decisions on:
a. Preliminary and final long subdivisions; and
b. Site-specific rezones; and
c. Consolidated project reviews where any element requires city council approval.
In addition, city council exercises its legislative authority regarding land use by making final
decisions on:
a. Adoption or amendment of development regulations in this BIMC; and
b. Adoption of comprehensive plan amendments; and
c. Adoption of special area plans; and
d. Area-wide rezones.
2.14.020 PLANNING COMMISSION
A. PURPOSE AND ROLE OF THE PLANNING COMMISSION
The Bainbridge Island planning commission is responsible to the mayor, serves as an
advisory body to the mayor and city council, and provides recommendations to the
director of planning, the hearing examiner and/or the city council. The
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2.14.020 Planning Commission
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commission‟s role can be to consider legislative, as well as quasi-judicial matters,
depending upon the action before it. Pursuant to Chapter 35A.63 RCW, the
commission has primary responsibility for preparing, reviewing and updating the
comprehensive plan. (Ord. 2002-17 § 1, 2002)
B. DUTIES AND RESPONSIBILITIES
Pursuant to the provisions of Chapter 35A.63 RCW, there is established within the
city a planning commission that shall have the following duties and responsibilities:
1. Participate in the preparation and review of the comprehensive plan for the city;
and
2. Review and make recommendations on all applications for amendments to the
comprehensive plan, official zoning map and official zoning ordinance of the city
pursuant to Table 2.16.010; and
3. Such other advisory duties as may be assigned to it by the city council or the
mayor, or as specified in the BIMC.
4. The title “planning commission” is substituted for the title “planning agency” in
all city ordinances and other documents approved prior to the effective date of
the ordinance codified in this chapter. (Ord. 2002-17 § 2, 2002: Ord. 93-10 § 1,
1993.)
5. Create the planning commission Agenda per Director recommendation.
C. COMPOSITION– APPOINTMENTS – TERMS – RESIDENCY – CHAIRPERSONS
1. The commission shall consist of seven members appointed by the mayor and
confirmed by the city council. All seven members of the commission shall be
residents of the city. The commission shall reflect the diverse perspectives, work
experiences and backgrounds represented in the community. Each commissioner
shall endeavor to understand and agree to uphold the city‟s adopted
comprehensive plan.
2. All members shall serve without compensation for three-year terms. Terms are
to be staggered, with no more than three positions expiring in any given year.
3. The officers of the commission shall consist of a chairperson and a vice
chairperson elected by the members of the commission. The election of officers
shall take place no later than February 28th of each year. The term of each
officer shall run from February 1st until January 31st of the following year. In the
event of the vacancy of the chair, the chairperson would be replaced by the vice
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2.14.020 Planning Commission
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chairperson, and the vice chairperson would be replaced by a vote of the
members of the commission.
4. The chairperson shall preside over meetings of the commission and may exercise
all the powers usually incident to the office. Duties of the chairperson shall
include, but not be limited to, committees of the whole, handling meeting items
and discussion, conflict of interest, suspension of meetings, timing or discussion
of issues, and clarification of issues and questions. The chairperson shall sign all
approved commission minutes, reports or other official documents.
5. In the absence of the chairperson, the vice chairperson shall perform all the
duties incumbent upon the chairperson. The chairperson and the vice
chairperson both being absent, the members present may elect for the meeting a
temporary chairperson who shall have the full powers of the chairperson during
the absence of the chairperson and the vice chairperson.
6. The chair shall have full power to create subcommittees that would include up to
three commissioners. Standing or temporary committees may be charged with
such duties, examinations, investigations and inquiries relative to one or more
subjects of interest to the commission. No committee shall have the power to
commit the commission to the endorsement of any plan or program without the
approval of quorum of the commission. (Ord. 2002-17 § 3, 2002: Ord. 93-10 §
1, 1993)
D. FORFEITURE OF OFFICE
1. A member appointed to the commission shall forfeit his or her office, creating a
vacancy, if he or she ceases to have the qualifications prescribed for such office
by law or ordinance, or if he or she is convicted of a gross misdemeanor or
felony or a violation of the oath of office.
2. In the event of a commission member being absent from three consecutive
regular meetings, or being absent from 50 percent of all meetings (including
committee) in any six-month period, the office shall become vacant and
forfeited; provided, that the mayor, with city council approval, may grant an
exception when warranted by individual circumstances.
3. For an extended absence, a commissioner may request a leave of absence, to be
approved by the mayor.
4. Any unexpired term of a vacant or forfeited office shall be filled by a qualified
person appointed by the mayor and confirmed by the city council. (Ord. 2002-17
§ 4, 2002: Ord. 98-16 § 1, 1998; Ord. 93-10 § 1, 1993)
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2.14.020 Planning Commission
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E. MEETINGS
1. The planning commission shall meet on the second and fourth Thursday of each
month and may hold such special meetings as the planning commission may
determine necessary. All regularly scheduled meetings shall begin at 7:00 p.m.
and shall endeavor to adjourn by 9:00 p.m.; provided, that the hours of a regular
meeting may be modified for exceptional purposes, as determined by the
chairperson.
2. Planning commission meetings shall be held at the city of Bainbridge Island City
Hall. Under special circumstances, regular and special meetings and retreats may
be held in other locations as publicly noticed.
3. The planning commission shall give public notice of its meetings as provided by
law, Notice for a public hearing shall be provided at least 10 days in advance of
said hearing.
4. All meetings of the planning commission shall be open to the public. In the event
a regular meeting falls upon a legal holiday, the meeting shall be held on the
following business day.
5. All meetings shall be conducted according to Robert‟s Rules of Order.
6. The planning commission shall review and approve rules of procedure and code
of conduct annually. (Ord. 2002-17 § 5, 2002: Ord. 99-42 § 1, 1999: Ord. 93-
10 § 1, 1993. Formerly 2.36.040)
F. QUORUM AND VOTING
1. A simple majority of the appointed members shall constitute a quorum for the
transaction of business.
2. The chairperson shall be entitled to vote on a matter when it is necessary to
break a tie or to make a quorum.
3. When a commissioner has stepped down because of a potential conflict of
interest, he or she shall not be counted for purposes of establishing a quorum
during considerations undertaken while he or she is not sitting with the
commission. (Ord. 2002-17 § 6, 2002)
G. PUBLIC MEETINGS AND HEARINGS
The planning commission will consider the land use application at a public meeting
and shall recommend approval, approval with conditions, or denial of an application.
For legislative decisions, the planning commission will hold a public hearing and
shall recommend approval, approval with conditions, or denial of an application. In
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2.14.020 Planning Commission
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making a recommendation, the planning commission shall consider the applicable
decision criteria of this code, the comprehensive plan, all other applicable law, any
necessary documents and approvals, and any testimony presented verbally or in
writing at the public meeting. If the applicable criteria are not met, the planning
commission shall recommend the proposal be subject to conditions or denied. A
planning commission recommendation is not a final decision and is not subject to
appeal. The planning commission‟s written recommendation and other documents
upon which its decision is based shall be immediately transmitted to the director
and/or the hearing examiner, as applicable.
H. PUBLIC RECORDS
Minutes of each meeting, including a record of attendance, shall be prepared by the
secretary and approved and signed at a subsequent meeting. The minutes do not
need to reflect the actual discussion but only the formal actions taken by the
planning commission. (Ord. 2002-17 § 8, 2002: Ord. 99-42 § 2, 1999: Ord. 93-10
§ 1, 1993)
I. CONSULTANTS
Upon approval of the city council, the planning commission may recommend the
retention of a planning consultant who assists the planning commission in its
deliberations. The consultant shall be hired by the city. (Ord. 93-10 § 1, 1993)
J. CONFLICT OF INTEREST
If a planning commission member has a financial interest in or is an applicant; or, if
a planning commission member is a paid or unpaid advocate, agent or
representative for an applicant on a comprehensive plan amendment or land use
application that will be reviewed or considered by the planning commission, the
planning commission member shall not participate in a decision or recommendation
on the application, and he or she will be asked to leave the meeting facility prior to
commencement of discussion of that agenda item. (Ord. 2002-17 § 10, 2002: Ord.
98-16 § 2, 1998)
K. SUPPORT STAFF
The planning staff shall perform the following roles in its work with the planning
commission:
1. Provide the initial record that includes the standards of review, relevant
municipal code and comprehensive plan provisions and provisions of other
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permitting agencies. The staff report shall include findings of fact and
conclusions of law based on evidence in the record; and
2. Provide technical information and research, prepare documents and maintain
records. This includes drafting transmittal memos, preparing alternative findings
and conclusions when appropriate, and obtaining legal opinions from the city
attorney; and
3. Respond to questions and discussion of procedures; and
4. Assist the commission in articulating their collective will; and
5. Provide upon request formal opinions or recommendations from the city
attorney, city engineer, public works director or the director of planning and
community development on any matter that is pending before the planning
commission. (Ord. 2002-17 § 9, 2002)
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2.14.030 Hearing Examiner
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2.14.030 HEARING EXAMINER
A. POLICY
The conduct of public hearings in quasi-judicial matters generally involves disputed
issues. It is in the best interest of the residents of the city to create officers
designated in this chapter as “hearing examiners,” whose duties shall be judicial in
nature. Whenever any ordinance of the city requires a public hearing to be
conducted by the hearing examiner, the hearing shall be conducted in accordance
with the procedures established in BIMC 2.16. (Ord. 93-11 § 1, 1993)
B. QUALIFICATIONS – APPOINTMENT– TERM – REMOVAL
Each hearing examiner shall be appointed by the city manager, confirmed by the city
council, and shall serve for a term of two years. As required by WAC 242-02-040,
each appointed hearing examiner shall be someone who has a demonstrated
knowledge of land use planning and law and shall meet any additional qualifications
specified by city council resolution. The appointed hearing examiner shall be
removed only (1) upon conviction of a gross misdemeanor or felony, (2) because of
physical or mental disability rendering the hearing examiner incapable of performing
the duties of the office, (3) upon conviction of a violation of BIMC 2.38.030, or (4)
upon conviction of a violation of Chapter 42.23 RCW, the violation of which shall
constitute a misdemeanor under this code. (Ord. 96-34 § 1, 1996; Ord. 93-11 § 1,
1993)
C. HEARING EXAMINER DUTIES AND RESPONSIBILITIES
1. The hearing examiner is responsible for conducting hearings on and
adjudicating quasi-judicial cases involving a variety of complex land use and
regulatory compliance issues, and other issues that the city council may
designate to the hearing examiner by ordinance. The hearing examiner shall
issue decisions or recommendations based on relevant ordinances, regulations,
policies, statutes, and other authorities.
2. Duties. In addition to any other duty established by ordinance, the hearing
examiner shall:
a. Supervise and evaluate the work of employees as required;
b. Develop procedural rules for the scheduling and conduct of hearings and
related matters. Such rules shall be kept on file with the office of the city
clerk;
c. Review properties that are the subject of hearings to become familiar with
the terrain and relationships to other properties;
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d. Receive and examine hearing related documents, and review case files, city
codes and policies, environmental impact statements, site plans and
topographical maps;
e. Evaluate testimony and evidence, prepare records, enter final written
findings, and impose conditions to conform projects to city ordinances and
land use policies;
f. Maintain knowledge of current relevant state and city land use laws,
policies and related state and federal court decisions;
g. Prepare reports and correspondence to the city manager, city council, and
planning commission as requested;
h. Prepare and submit annual written reports to the city manager and city
council, including how many hearings have been conducted, the final
outcome of hearings, the time required to issue decisions and the cost of
hearings;
i. Meet with the city manager, city council, planning commission and staff as
requested, to identify conflicts in the code; and
j. When necessary, recommend candidates for pro tem hearing examiner, for
approval by the city manager. (Ord. 2004-17 § 2, 2004; Ord. 2003-08 § 1,
2003)
D. NONINTERFERENCE IN PERFORMANCE OF DUTIES
No person shall attempt to influence the hearing examiner in the performance of
duties. The hearing examiner shall not discuss the merits of any case considered by
the hearing examiner until all city review and court appeals have been concluded
and a final decision has been rendered. Any violation of this provision shall be
deemed a misdemeanor and may be punished pursuant to BIMC 1.24. (Ord. 96-34 §
2, 1996; Ord. 93-11 § 1, 1993)
E. LEGAL COUNSEL FOR HEARING EXAMINER
General legal advice to the hearing examiner will be provided by the city attorney,
except that in a contested case where the city will be represented by the city
attorney, the mayor may appoint independent counsel to render legal advice to the
hearing examiner, the cost of which shall be borne by the city. (Ord. 93-11 § 1,
1993)
F. DISQUALIFICATION OF HEARING EXAMINER
1. The hearing examiner on his or her own initiative may enter an order of
disqualification in the event of personal bias or prejudice or to preserve the
appearance of fairness.
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2.14.030 Hearing Examiner
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2. Prior to any hearing on a matter, a party may file an affidavit, which is a sworn
statement in writing and under oath, stating that such party cannot have a fair
and impartial hearing by reason of the hearing examiner‟s personal bias or
prejudice. The hearing examiner shall rule on the affidavit prior to making other
ruling and prior to the hearing. No party shall be permitted to file more than one
such affidavit under this section in regard to any one proceeding. (Ord. 93-11 §
1, 1993)
2.14 Land Use Approval Bodies
2.14.040 Design Review Board
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2.14.040 DESIGN REVIEW BOARD
A. MEMBERSHIP – APPOINTMENT – TERM
1. There is created a design review board (board) for the city. The design review
board shall consist of seven members who shall be appointed by the mayor and
confirmed by the city council. Board membership shall include at least one
representative with expertise in the following disciplines and/or groups:
landscape architecture; urban design; public art committee or local artist;
developers; at-large community member; and at least two architects. The
members of the design review board shall not be officers or employees of the
city.
2. The members of the board shall serve without compensation. The terms for
appointed members shall be three years. Terms are to be staggered, with no
more than three positions expiring in any given year. (Ord. 2007-03 § 1, 2007:
Ord. 2003-52 § 1, 2003)
B. VACANCIES – REMOVAL
In the event of a vacancy, the mayor, subject to the confirmation of the city council,
shall make an appointment to fill the unexpired portion of the term of the vacated
position. Members may be removed by the mayor upon consent of the city council.
(Ord. 2003-52 § 1, 2003)
C. ORGANIZATION
1. The board shall annually select one member to serve as chair for a one-year
term.
2. The board shall adopt such rules and regulations as are necessary to accomplish
its duties and responsibilities. These rules and regulations shall be placed on file
with the city clerk.
3. The city shall provide necessary supplies and support staff to the board,
consistent with available resources. (Ord. 2003-52 § 1, 2003)
D. DUTIES AND RESPONSIBILITIES
The board shall have the following duties and responsibilities:
1. Serve in an advisory capacity to the director, hearing examiner, and planning
commission, as applicable, regarding site plan and design reviews and
conditional use permits pursuant to BIMC 2.16.040, 2.16.050, and 2.16.110 that
2.14 Land Use Approval Bodies
2.14.040 Design Review Board
City of Bainbridge Island 11
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are subject to city-adopted design guidelines. Applications related to single-
family residences such as family day care homes, minor/major home
occupations, and single-family residential height variations are exempt from
design review board consideration. In addition, applications related to utility
facilities and to outdoor recreation facilities are exempt from design review
board consideration.
2. Review and make recommendations to the planning commission and the city
council on changes, amendments and/or additions to the design guidelines.
3. Serve in an advisory and review capacity to housing design demonstration
project applications pursuant to BIMC 2.16.020.Q, including those design
demonstration project applications involving land subdivision.
4. Such other duties and responsibilities as may be provided by resolution or
ordinance of the city council. (Ord. 2007-03 § 2, 2007: Ord. 2006-19 § 1, 2006:
Ord. 2003-52 § 1, 2003)
E. OPEN MEETINGS
All board meetings shall be open to the public. The board, in its discretion, may
allow interested citizens to speak and submit documents.
F. PUBLIC RECORDS
Minutes of each meeting, including a record of attendance, shall be prepared by the
secretary and approved and signed at a subsequent meeting. The minutes do not
need to reflect the actual discussion but only the formal actions taken by the design
review board. (Ord. 2003-52 § 1, 2003)
G. CONFLICT OF INTEREST
If a design review board member is an applicant for an application under review by
the board, has a financial interest in a project, or is a paid or unpaid advocate, agent
or representative for such applicant, the board member shall not participate in
review of and recommendation on the application and he or she will be asked to
leave the meeting facility prior to commencement of discussion of that agenda item.
(Ord. 2003-52 § 1, 2003)
2.14 Land Use Approval Bodies
2.14.060 Historic Preservation Commission
City of Bainbridge Island 12
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2.14.060 HISTORIC PRESERVATION COMMISSION
The creation, composition, terms, powers and duties, rules and standards of the Historic
Preservation Commission are described in BIMC 18.24.020.
2.14.070 FORT WARD HISTORIC REVIEW COMMITTEE
The creation, size, intent, composition, terms, powers and duties, and rules and procedures of
the Fort Ward Historic Review Committee are described in BIMC 18.24.070.E.
2.16 Land Use Review Procedures
2.14.070 Fort Ward Historic Review Committee
City of Bainbridge Island 13
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22..1166 LLAANNDD UUSSEE RREEVVIIEEWW PPRROOCCEEDDUURREESS
The purpose of this BIMC 2.16 is to establish standard procedures for all land use applications
processed by the City, to promote timely and informed public participation in those procedures,
to eliminate redundancy in the application, permit review, and appeal procedures, to minimize
delay and expense, and to result in development approvals that further city goals as set forth in
the comprehensive plan. In addition, the purpose of this Chapter 2.16 is to establish the
process for adopting and amending Growth Management Act (“GMA”) development regulations,
to ensure early and continuous public participation in the creation and amendment of
development regulations, which implement the city‟s comprehensive plan. Additional specific
purposes for some types of approval are included in sections 2.16.030 through 2.16.210
below. (Ord. 96-03 § 2, 1996).
2.16 Land Use Review Procedures
2.16.010 Land Use Procedures Summary Table
City of Bainbridge Island 14
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2.16.010 LAND USE PROCEDURES SUMMARY TABLE
Table 2.16.010-1: Summary Table of Land Use Procedures
R=Review & Recommendation, (R ) = Optional Review , D=Decision, A=Appeal, P=Public Hearing,
(P) = Optional Public Hearing
DRB Planning
Comm.
Director Hearing
Examiner
City
Council
Courts
Administrative Approvals
Clearing Permit D A
Conversion Option Harvest Plan Permit D A
Minor Conditional Use (R) (R) D A
Minor Variance (R) D A
Agricultural Conditional Use D A
Large Lot Subdivisions (Prelim) D A
(Final) D A
Minor Shoreline Variance
(See BIMC 16.12.360)[1] (R) D A A[2]
Public Works Administrative Decisions D A
SEPA Determinations D A
Shoreline Substantial Development Exemption (See
BIMC 16.12.360 and BIMC Table 16.12.150) D A
Shoreline Substantial Development Permit
(See BIMC16.12.360) [1] (R) D A A[2]
Short Subdivisions (Prelim) D A
(Final) D A A
Sign Permits D A
Minor Site Plan & Design Review (R) (R) D A
Major Site Plan & Design Review (any SPR in the
B/I District must be processed through a Major SPR) R R D A
All other administrative decisions: This includes agricultural retail plans, boundary line adjustments (See BIMC
2.16.090) , building and other construction permits, building administrative decisions, clearing permits, BIMC
interpretations, habitat management plans (See BIMC 16.20.060), wetlands special use review (See BIMC
16.20.160.G), buffer averaging (See BIMC 16.20.050.B), wetlands exemption (See BIMC 16.20.040.C),vegetation
management permit (see BIMC 16.22.070), extension of construction noise hours (see BIMC 16.16.025), and any
other administrative land use decision authorized by this code to be made by the director.
D A
Quasi-Judicial Decisions by the Hearing Examiner
Conditional Use Permits (R) (R) R D /P A
Variances (R) R D/P A
2.16 Land Use Review Procedures
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Table 2.16.010-1: Summary Table of Land Use Procedures
R=Review & Recommendation, (R ) = Optional Review , D=Decision, A=Appeal, P=Public Hearing,
(P) = Optional Public Hearing
DRB Planning
Comm.
Director Hearing
Examiner
City
Council
Courts
Reasonable Use Exception
(See section 16.20.080) (R) R D /P A
Shoreline Variances
(See BIMC 16.12) [1] (R) R D /P A[3]
Shoreline Conditional Use Permits [1] R D/P A[3]
Quasi-Judicial Decisions by City Council
Long Subdivisions (Prelim) R R D A
(Final) R D A
Site-specific Rezones (R) R R/P D A
Consolidated Project Review
See section 2.16.170
Legislative Approvals
Adoption or Amendment of Development
Regulations R/P R D (P) A
Comprehensive Plan Amendments R/P R D (P) A
Legislative Area-wide Rezones R/P R D (P) A
Special Area Plans R/P R D (P) A
[1] City decisions on Shoreline Variances, Shoreline Substantial Development Permits, and Shoreline Conditional Use
Permits must be reviewed by the Washington Department of Ecology pursuant to WAC 173-27-130 and RCW
90.58.140(10). The Department of Ecology may approve, approve with conditions, or deny the application.
[2] The Hearing Examiner’s decision is forwarded to the Department of Ecology (DOE) for decision. The DOE decision
is then appealable to the Shoreline Hearings Board. (See BIMC 16.12)
[3] The Hearing Examiner’s decision is forwarded to the Department of Ecology (DOE) for decision. The DOE decision
is then appealable to the Shoreline Hearings Board. (See BIMC 16.12)
2.16 Land Use Review Procedures
2.16.020 General Provisions
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2.16.020 GENERAL PROVISIONS
A. JURISDICTION
Jurisdiction of the department director or the hearing examiner is limited to those
issues where ordinance or other appropriate authority grants the authority to issue a
decision, recommendation, or issue an order. (Ord. 2003-07 § 1, 2003)
B. STATE ENVIRONMENTAL POLICY ACT MAY APPLY
The State Environmental Policy Act (SEPA) and the Bainbridge Island SEPA ordinance
(BIMC 16.04) may also apply to applications processed under this section. For a
consolidated land use application subject to Chapter 43.21C RCW and BIMC 16.04,
the SEPA threshold determination shall be issued and any required public comment
period shall be completed prior to a public hearing.
C. TYPES OF LAND USE APPLICATIONS
Land use applications are classified into four major categories based on the review
process: (1) administrative, (2) quasi-judicial decisions by a hearing examiner, (3)
quasi-judicial decisions by city council, and (4) legislative approvals. The specific
types of applications in each category are shown in the table in section 2.16.010.
1. Administrative land use decisions are made by a department director pursuant to
the process in BIMC 2.16.030, and pursuant to specific standards in BIMC
2.16.040 through 090 as applicable.
2. Quasi-judicial decisions by a hearing examiner are made pursuant to the process
in BIMC 2.16.100, and pursuant to specific standards in BIMC 2.16.110 through
120 as applicable.
3. Quasi-judicial decisions by city council are made pursuant to the process in BIMC
2.16.130, and pursuant to specific standards in BIMC 2.16.140 through 160 as
applicable. This category includes Consolidated Project Review, which is an
option available for a land use proposal that requires more than one related land
use permit, and in which decisions are made pursuant to BIMC 2.16.170. (Ord.
2003-16 § 2, 2003; Ord. 2001-26 § 1, 2001: Ord. 96-03 § 4, 1996) In some
cases, consolidated project reviews may be quasi-judicial decisions by a hearing
examiner.
4. Legislative approvals are non-site-specific decisions related to land use in the
city but not related to a specific land use application filed by a property owner.
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2.16.020 General Provisions
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These decisions are made pursuant to BIMC 2.16.180, and pursuant to specific
standards in BIMC 2.16.180 through 210 as applicable.
D. WHO CAN APPLY
1. A property owner, a contract purchaser, or an agent of the owner with
authorized written proof of agency may apply for any type of permit.
2. A resident who is not the owner of the dwelling may apply for permits and
licenses pertaining to a Home Occupation.
3. Any person may request an interpretation of the zoning code, Shoreline Master
Program, or subdivision regulations. The director of planning and community
development may issue interpretations of the zoning code, Shoreline Master
Program, or subdivision regulations as needed, and shall post issued
interpretations on the city website. (Ord. 96-03 § 3, 1996)
E. PROHIBITED EX PARTE COMMUNICATIONS
1. Except as permitted under Chapter 42.36 RCW, a proponent or opponent, or his
or her agent or representative, of a quasi-judicial matter that is pending before
the hearing examiner or council, shall not communicate ex parte, directly or
indirectly, with the examiner or a council member concerning the merits of the
pending matter or a factually related quasi-judicial matter. This rule shall not
prohibit ex parte communications concerning procedural matters.
2. Except as permitted under Chapter 42.36 RCW, the hearing examiner or a
council member shall not communicate ex parte, directly or indirectly, with a
proponent or opponent, or his or her agent or representative, of a quasi-judicial
matter that is pending before the hearing examiner or council concerning the
merits of the pending matter or a factually related quasi-judicial matter. This
rule shall not prohibit ex parte communications concerning procedural matters.
3. If a prohibited ex parte communication is made to or by the hearing examiner or
a council member, the examiner or council member shall comply with Chapter
42.36 RCW. Any violation of this subsection E shall be deemed a misdemeanor
and may be punished pursuant to BIMC 1.24.
4. Any person seeking to rely on the provisions of this section to disqualify the
hearing examiner or a council member from participating in a decision must
raise the challenge as soon as the basis for disqualification is made known to the
person. Where the basis is known or reasonably should have been known prior to
the issuance of the decision and is not raised until after the issuance of the
decision, it may not be relied on to invalidate the decision. (Ord. 2003-07 § 2,
2003)
2.16 Land Use Review Procedures
2.16.020 General Provisions
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F. DESIGN REVIEW BOARD REVIEW
1. The design review board shall review and make recommendations on all land use
applications as set forth in this section. This design process reflects a
collaborative effort between an applicant, the design review board, and
community to better incorporate the vision of the city as outlined in the adopted
comprehensive plan and regulations. (See Table 2.16.010-1.)
2. In order to identify potential design issues and opportunities, planning staff shall
direct a prospective applicant to meet with the board during the conceptual
stages of development formulation. This initial review is optional, but strongly
recommended, and shall occur prior to the proposal‟s preapplication conference.
The applicant shall submit conceptual drawings and diagrams as well as site
information (topographic, existing development, surrounding development, and
critical area information). Following this optional, initial review, an applicant may
proceed with the design of the project, including development of the site plan
and elevations that must be submitted as part of the preapplication materials.
3. Subsequent to submittal of preapplication materials, the board shall review a
proposal for conformance with applicable design guidelines. For housing design
demonstration projects, the board shall evaluate the criteria outlined in BIMC
2.16.020.Q.4 in addition to any applicable design guidelines. The board‟s
written recommendations shall be attached to the formal preapplication letter
generated by planning staff.
4. Subsequent to submittal of the site plan and design review and/or conditional
use permit application, the board shall review a proposal for incorporation of the
board‟s previous comments into the project‟s design. For housing design
demonstration projects, the board shall also evaluate the criteria outlined in
BIMC 2.16.020.Q.4. At the conclusion of its consideration, the board shall
submit to the director a recommendation of approval, approval with
modifications, or denial of the application based on compliance with design
guidelines. The director shall consider the board recommendation prior to
making a decision on the application.
5. A board recommendation is not a decision and there is no city appeal of the
recommendation.
G. PREAPPLICATION PROCEDURE
1. The preapplication conference is an informal discussion between a potential
applicant, interested citizens, city staff, and the design review board (if
applicable) regarding a proposed project. A preapplication conference shall not
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include extensive field inspection or correspondence. The purpose of the
preapplication conference is to assist the applicant by identifying the following:
a. Requirements for submittal, including types of permits necessary to
complete the proposal and whether SEPA review is required, pursuant to
the State Environmental Policy Act (SEPA), Chapter 43.21C RCW.
b. Compliance with applicable city plans, goals, policies, codes or guidelines
and possible revisions to the proposed project that will enhance the
proposal with respect to these requirements.
c. Required plans, studies, reports, and/or other materials specific to the
proposal that will provide necessary information for staff to review the
project.
d. Whether or not the project will likely qualify as a housing design
demonstration project, and/or feedback about how to qualify, if applicable.
2. A preapplication conference may be recommended by the department director
for any type of land use application that the director believes may be complex or
controversial, but is required prior to submitting an application for the following
land use applications unless a waiver is obtained pursuant to subsection 3:
a. Minor or Major conditional use;
b. Minor or Major variance;
c. Minor or Major site plan and design review approval;
d. Preliminary long subdivision and short subdivision;
e. Shoreline substantial development permit, shoreline variance, and shoreline
conditional use permit;
f. Shoreline substantial development exemption for new shoreline armoring
(including bulkheads, revetments, and soft shore designs);
g. Buffer reduction in geologically hazardous areas;
h. Comprehensive plan amendment;
i. Reasonable use exception;
j. Habitat management plans;
k. Habitat buffer averaging;
l. Special use review; and
m. Consolidated project review.
3. Except in the case of 1) preliminary short subdivisions and long subdivisions, 2)
shoreline substantial development exemptions or permits for new shoreline
armoring (including bulkheads, revetments, and softshore designs), 3) buffer
reductions in geologically hazardous areas, 4) where the HDDP process is being
used, and 5) where DRB review is required, a preapplication conference may be
waived in writing by the director if the director determines the following:
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2.16.020 General Provisions
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City Council Public Hearing Draft, Title 2, Procedures November 2011
a. The application is consistent with applicable codes and ordinances;
b. The proposed use is clearly listed as a permitted use or a conditional use in
the zoning district in which it is located; and
c. The applicant demonstrates knowledge and understanding of the city‟s
permit processing procedures.
4. In the case of applications where design review board review and a preliminary
application conference is required, the land use application shall be reviewed
using a two-step pre-application process. As the schedule allows, the applicant
shall first meet with the design review board to discuss the design concept, and
shall then meet with department staff as described in this section.
5. The review process for long subdivisions, major site plan and design review
permits, and major conditional use permits shall include a public participation
meeting following the procedures outlined in Resolution No. 2010-32. The
meeting will be held after the design review board meeting, if one is required,
during the preapplication conference phase of the project.
6. An applicant shall arrange for a preapplication conference by submitting forms
and plans as required in the Administrative Manual.
7. The discussion at the preapplication conference shall not bind or prohibit the
city‟s future application or enforcement of applicable codes and ordinances.
(Ord. 2006-13 § 1, 2006: Ord. 2001-10 § 1, 2001; Ord. 96-03 § 5, 1996)
H. APPLICATION
1. APPLICATION SUBMITTAL REQUIREMENTS
a. An application for a specific type of land use decision shall be filed with the
appropriate department on forms prescribed by that department and shall
include fees as required by resolution of the city council. Each application
has specific submittal requirements that are described in the Administrative
Manual. Additional requirements may be requested on the application
form. (Ord. 96-03 § 6, 1996)
b. The address indicated on the application shall be, for the purposes of this
Title, the mailing address of the applicant, and all correspondence relating
to the application shall be directed to that address.
c. The applicant or designated representative must be present at any public
meeting that has been publicly advertised to hear the application or when
the applicant has been personally notified of such a meeting. (Ord. 92-08 §
2, 1992)
d. The director may waive specific submittal requirements determined to be
unnecessary for review of an application.
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e. The director or city engineer may require additional material such as, but
not limited to, maps, studies or models when the director determines such
material is needed to accurately assess the proposed project.
2. DETERMINATION OF COMPLETE APPLICATION
a. A land use application shall be deemed complete when all submittal
requirements and all required fees as set forth in the Administrative Manual
or by resolution of the city council have been submitted to the appropriate
department and staff has confirmed that the level of detail in submitted
materials is sufficient to allow accurate review, even though additional
information may be required or subsequent project modifications may
occur (see section 2.16.020.K.4 for timelines).
b. A determination of a complete application shall not preclude the
department director from requesting additional information or studies, if
new information is required to complete final review or if substantial
changes in the application are proposed.
c. If a land use application is determined to be incomplete, the city shall
return the application for modification or correction with a request in
writing for the missing information. The applicant shall respond to such a
request within 60 days of the date of the request. (Ord. 96-03 § 7, 1996)
3. VOIDING APPLICATION DUE TO INACTIVITY
A land use application for which a decision has not yet been made may be canceled
for inactivity if the city returns the application for modification or correction
(including a request for additional information for an incomplete or complete
application) and the applicant fails to respond to the city‟s request within 60 days of
the request. The planning director may extend the response period beyond 60 days
if within that time period the applicant provides and subsequently adheres to an
approved schedule with specific target dates for submitting the full revisions,
corrections, or other information needed by the requesting department. (Ord. 96-03
§ 7, 1996; Ord. 2004-12 § 1, 2004)
I. FEES
1. Fees and charges payable to the city prior to issuance of a land use permit or
approval, except impact fees, shall be paid in an amount established by
ordinance or resolution as of the date on which the land use application is
accepted, except as provided in subsections 2 and 3 of this section.
2. Fees and charges payable to the city prior to the issuance of a building permit,
including utility participation and connection charges, but except impact fees
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and fees for which an hourly charge has been established, shall be paid in an
amount established by ordinance or resolution as of the date of the permit
application.
3. Fees and charges payable to the city in relation to the issuance of land use
permits or approvals do not vest except as provided in this chapter. Hourly rate
charges shall be imposed for all work done by the city on and after the effective
date(s) of the hourly charges, at the rate in effect on the date that work is
performed by the city. Hourly charges shall be in addition to any amounts
previously collected relative to the permits, approvals, or actions for which
hourly fees are either now or subsequently imposed except that amounts paid
prior to the imposition of hourly charges shall be considered a nonrefundable
deposit against future charges for the same permits or approvals. (Ord. 2000-51
§ 3, 2000: Ord. 2000-41 § 1, 2000: Ord. 99-47 § 3, 1999: Ord. 98-25 § 1,
1998)
J. APPLICATION TIMEFRAMES
1. Final decisions on land use applications should be issued within 120 days from
the date the application is determined to be complete pursuant to BIMC
2.16.020.H.2, except in the case of subdivisions. A preliminary plat for a short
subdivision, long subdivision or large lot subdivision must be approved,
disapproved, or returned to the applicant for modification or correction within 90
days from the date of filing a complete application, unless the applicant consents
to an extension. A final plat for a short subdivision, long subdivision, or large
lot subdivisions must be approved, disapproved, or returned to the applicant for
modification or correction within 30 days from the date of filing a complete
application, unless the applicant consents to an extension.
2. Where there is a conflict in time periods of state statutes, the state statute with
the more restrictive time period shall govern. The time period for making a final
decision as established by this section may be extended for any reasonable
period of time mutually agreed upon by the applicant and the city.
3. For purposes of calculating time periods and counting days of permit processing,
the time period shall begin on the first day following the date the application is
determined to be complete. The following periods shall be excluded from the
120-day period:
a. Any period during which an application has been returned for correction or
modification with a request for missing or additional information
necessary for review, in accordance with BIMC 2.16.020.H.2;
2.16 Land Use Review Procedures
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b. Any period during which an environmental impact statement is being
prepared following a determination of significance pursuant to Chapter
43.21C RCW;
c. Any period during which an appeal of a project permit is being reviewed;
and
d. Any extension of time mutually agreed upon by the applicant and the city.
4. The time limits established by this section do not apply if a land use application
includes one of the following:
a. An amendment to the comprehensive plan or an amendment to a land use
development regulation; or
b. Siting of an essential public facility as provided in RCW 36.70A.200; or
c. An application substantially revised by the applicant, in which case the time
period shall start from the date at which the revised project application is
determined to be complete under BIMC 2.16.020.H.2; or
d. An application for a street or right-of-way vacation.
5. If the city is unable to issue its final decision on a land use application within the
applicable time periods, the city shall provide written notice of this fact to the
project applicant. The notice will include a statement of reasons why the time
periods have not been met and an estimated date for issuance of the notice of
final decision. (Ord. 2001-26 § 2, 2001: Ord. 96-03 § 9, 1996)
2.16 Land Use Review Procedures
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K. NOTICE REQUIREMENTS
1. LAND USE NOTICE SUMMARY TABLE
Table 2.16.020-1 Land Use Notice Summary Table
Mail, Fax, E-
mail, or
Other to
Applicant
Mail, Fax,
or E-mail
to Depts.,
Public, and
Others
Publishing
in
Newspaper
Posting Notice
at Official
Locations
Posting
Sign on the
Property
Notice of
Complete
Application
Notice of
Application and
Public Comment
Period*
Notice of
Public Hearing
Notice of Decision
and Appeal Period **
*May be combined with SEPA notice.
**Notice only goes to parties that commented during public comment period; if the
application includes SEPA, Notice of Decision goes to SEPA agencies also.
2. TYPES OF NOTIFICATIONS FOR LAND USE DECISIONS
All applications, except those exempted in subsection 3 require the following
notifications:
a. Notice of complete application; and
b. Notice of application and public comment period*; and
c. Notice of public hearing, if a public hearing is required; and
d. Notice of decision and appeal period.
*If the optional process is used pursuant to 2.16.020.K.8, this will include SEPA
comment period.
3. EXEMPTIONS FROM PUBLIC NOTICE REQUIREMENTS ON LAND USE DECISIONS
The following land use applications do not require a notice of application and
public comment period or notice of decision:
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a. A building permit or other construction permit, unless a Notice of Intent to
Construct in Geologically Hazardous Areas is required under BIMC
16.20.150.
b. An administrative decision that is categorically exempt under SEPA (Chapter
43.21C RCW), unless the permit application procedures require a public
comment period or public hearing. (Ord. 2003-25 § 1, 2003; Ord. 2003-07
§ 3, 2003; Ord. 2001-41 § 1, 2001; Ord. 2000-36 § 1, 2000: Ord. 96-03
§ 10, 1996) Flexible lot design short or long plats are not exempt from
notice requirements.
4. NOTICE OF COMPLETE LAND USE DECISION APPLICATION
a. Within 28 days after receiving a land use permit application, the
department director shall either mail, fax, or otherwise provide to the
applicant a written determination, stating either that the application is
complete or that the application is incomplete and what is necessary to
make the application complete. If the application is determined to be
incomplete, the department director will request additional information in
writing.
b. Within 14 days after an applicant has submitted all additional information
identified by the department director as being necessary for a complete
application, the department director shall notify the applicant whether the
application is complete or what additional information is necessary.
c. If the department director does not provide a written determination as to
whether the application is complete within the 28 days, the application
shall be deemed complete as of the twenty-eighth day.
5. NOTICE OF APPLICATION AND PUBLIC COMMENT PERIOD
a. Time of Notice. Within 14 days of a notice of complete application, the
department director shall issue a notice of application for any land use
application except for those applications that are exempted pursuant to
2.16.020.K.3. The notice of application shall provide a minimum comment
period of 21 days. However, for projects requiring review under the State
Environmental Policy Act (SEPA), the notice of application shall provide a
minimum comment period of 14 days; the SEPA threshold determination
shall not be issued prior to the expiration of the notice of application
comment period.
b. Method of Notice. The notice of application shall be provided to the public
and other government agencies with jurisdiction over some aspect of the
application by the following means:
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i. Distributing written notice to property owners at addresses listed on the
property tax records of Kitsap County within 500 feet of any boundary of
the subject property and including any property within 500 feet of any
contiguous property in the applicant‟s ownership;
ii. Posting notice in the official posting places of the city, including the city
website;
iii. Publishing notice in the official newspaper of the city;
iv. Posting the subject property in a manner prescribed by the city; and
v. Distributing notices to government agencies.
c. Notice of Application Contents. The content of the notice shall comply with
the requirements of state law and shall contain that information set forth in
the Administrative Manual.
d. Transportation Notice. If the application is for a short subdivision or a
large lot subdivision that is adjacent to the right-of-way of a state highway
or within two miles of the boundary of a state or municipal airport, not
later than 10 days after the short subdivision application is filed, the
director shall provide a notice of the application, including a legal
description and location map, to the State Secretary of Transportation. The
Department of Transportation shall, within 15 days after receiving the
notice, submit a statement to the director who furnished the notice,
including any information that the Department of Transportation deems to
be relevant about the effect of the proposed short subdivision or large lot
subdivision upon the legal access to the state highway, the traffic carrying
capacity of the state highway and the safety of the users of the state
highway. If comments are not received within 15 days, the Director may
extend the comment period by an additional 15 days to allow for
Department of Transportation comments. (Ord. 96-06B § 2, 1996)
6. NOTICE OF PUBLIC HEARING
Notice for an application requiring a public hearing shall be provided in the
following manner:
a. Time of Notice. The hearing examiner shall provide notice of the public
hearing at least 15 days prior to the hearing or as otherwise provided by
law.
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b. Method of Notice. The hearing examiner shall provide notice of an appeal
hearing as provided in this subsection b and shall provide public notice for
any other public hearing by:
i. Posting notice in the official posting places of the city, including the city
website; and
ii. Publishing notice in the official newspaper of the city at least 14 days
prior to the hearing or as otherwise provided by law; and
iii. Distributing notice to the applicant and appellant, if applicable; and
iv. Distributing written notice to property owners at addresses listed on the
property tax records of Kitsap County within 500 feet of any boundary of
the subject property and including any property within 500 feet of any
contiguous property in the applicant‟s ownership; and
v. Distributing notice to any person who has submitted a written request for
notice of the hearing; and
vi. Posting the subject property in a manner prescribed by the city.
c. Public Hearing Notice Contents. The content of the notice shall comply with
the requirements of state law and shall contain that information set forth in
the Administrative Manual.
7. NOTICE OF LAND USE DECISION AND APPEAL PERIOD
a. A notice of decision shall be issued upon a final decision on a land use
application. The decision maker shall distribute the notice of decision to
the applicant, the applicable department director and any persons
requesting notice or submitting comments on the application prior to the
decision. Notice of decision shall include:
i. A statement indicating that the application is approved, approved with
conditions, denied, or remanded; and
ii. A statement of any conditions included as part of a decision for approval
or approval with conditions; and
iii. A statement of facts upon which the decision, including any conditions, is
based and the conclusions of law derived from those facts; and
iv. The SEPA threshold determination and mitigation conditions as specified
in BIMC 16.04, if applicable; and
v. Procedures for appeal under BIMC 2.16.020.P if applicable.
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8. COMBINING PUBLIC NOTICES ON LAND USE APPLICATIONS
If a land use application is subject to environmental review under BIMC 16.04
(Chapter 43.21C RCW) and requires a SEPA threshold determination, the SEPA
public notice and notice of SEPA public comment period, if any, shall be
combined with other land use application notices when possible. A combined
notice shall include a statement that a single comment letter may be submitted
to the SEPA official, addressing impacts as well as other issues subject to review
under the decision criteria for the land use application.
9. NOTICE REQUIRED FOR LEGISLATIVE REVIEW PROCEDURES
Unless subsections 10 or 11 require otherwise, notice of the date, time and place
of any scheduled hearing shall be provided to the public by the following means:
a. Publishing notice in the official newspaper of the city at least 10 calendar
days prior to the public hearing.
b. Posting notice in the official posting places of the city.
10. NOTICE REQUIRED FOR ADOPTION AND AMENDMENT OF LAND USE REGULATIONS
a. The city shall give notice of the public hearing in a way that is reasonably
calculated to provide notice to property owners and other affected and
interested individuals, tribes, government agencies, businesses, and
organizations. Examples of reasonable notice include:
i. Posting the property for site-specific proposals;
ii. Publishing notice in the official newspaper of the city;
iii. Notifying public or private groups who have notified the city of an
interest in a certain proposal or in the type of proposal being considered;
b. Notice of the public hearing shall state when the public may submit written
comments on the proposed development regulation; provided, that the
public shall be given at least 10 days prior to the scheduled public hearing
to submit written comments to the city.
c. Errors in exact compliance with this chapter shall not render the
development regulation invalid if the spirit of the procedures established
by this chapter is observed. (Ord. 2001-24 § 1, 2001)
11. NOTICE REQUIRED FOR SPECIAL AREA PLAN PROCESS
The interdepartmental staff team described in section 2.16.210.D shall provide
notice to the public of the initial public meeting by (1) mailing notice, by regular
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mail, at least 10 days prior to the date of the meeting, to all interested persons
and groups identified by the interdepartmental staff team, and to all persons
requesting such notice; and (2) Publishing notice in the city‟s official newspaper
at least 10 days prior to the date of the meeting.
L. LAND DEDICATION
The following provisions apply to applications for short or long subdivisions, and to
development permits for multifamily residential development.
1. The applicant shall submit with the application (1) a proposal for dedication of
land for any public rights-of-way and parks, open spaces, or recreational lands
required to serve the proposed development, and (2) any proposed open space
covenants for private parks or recreational facilities for which the applicant seeks
approval. Those proposals shall be incorporated in the underlying application.
2. Except in the case of short subdivisions, the city council shall then determine
whether to require the dedication of land, and/or approve any proposed open
space covenants for private parks or recreational activities. In the case of short
subdivisions, staff shall determine whether to require dedication of land and/or
approve any proposed open space covenants for private parks or recreational
activities, but no required land dedication shall be final until accepted by city
council.
3. In the instances where staff or the city council determines to require dedication
of land, the dedication shall occur:
a. In the case of a short or long subdivision, at the time of final plat approval;
(Ord. 84-09 § 5(A), 1984)
b. In the case of development permits for multifamily development, land
dedications of public rights-of-way shall be required at the time of
approval of the earliest application at which the number of dwelling units
and related traffic generation from the property can be calculated. Land
dedications for parks, open spaces, and recreational lands shall be due at
the time of approval of the earliest application at which the number of
dwelling units on the property can be calculated. All land dedications shall
be completed prior to the issuance of any building permits.
M. TIME LIMITS AND EXTENSIONS
1. A land 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 permit unless (1) the applicant has received an
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extension for the permit; or (2) the permit provides for an extended time period.
(Ord. 94-03 § 1, 1994)
2. The director may grant one extension to the permit, in writing, for a period not
to exceed one year if:
a. Unforeseen circumstances or conditions necessitate the extension of the
permit; and
b. Termination of the permit would result in unreasonable hardship to the
applicant, and the applicant is not responsible for the delay; and
c. The extension of the permit will not cause substantial detriment to existing
uses in the immediate vicinity of the subject property; and
d. The extension request is received by the department no later than 30 days
prior to the expiration of the permit. (Ord. 94-03 § 1, 1994)
N. REQUIRED NOTICES ON TITLE
Where any provision of the Bainbridge Island Municipal Code requires the recording
of a notice on title related to a land condition or land use approval condition, the
applicant shall record those notices in the form shown in the Administrative Manual.
In the case of long, short, or large lot subdivisions, the notice shall be recorded prior
to or at the recording of the final plat. In the case of other approvals, the notice
shall be recorded before the issuance of any building permit related to the approval.
O. APPROVAL BINDING
No person, firm or corporation shall locate or expand a use for which any land use
approval is required without first obtaining that land use approval. Once a land use
application has been approved, no building or development of any sort shall occur
contrary to the approved land use application unless this Title 2 includes a
procedure for adjustments or modifications and the city has approved those
adjustments or modifications. Any critical area or critical area buffers shown on the
face of the plat will remain in effect for the life of the plat. (Ord. 99-30 § 4, 1999:
Ord. 96-14 § 4, 1996; Ord. 92-36 § 3, 1992: Ord. 92-08 § 2, 1992)
P. APPEALS
1. APPEAL OF AN ADMINISTRATIVE REVIEW DECISION
a. Applicability. All administrative decisions, departmental rulings and
interpretations made in accordance with administrative review procedures
of BIMC 2.16.030 and administrative decisions made under BIMC 1.26.070,
may be appealed to a hearing examiner. Administrative decisions of the
public works director and decisions on sign permits may not be appealed
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to the hearing examiner. (Ord. 2004-12 § 2, 2004; Ord. 2003-52 § 2,
2003; Ord. 96-03 § 11, 1996; Ord. 93-02 § 1, 1993. Formerly 2.16.010)
b. SEPA Appeals. Appeals of decisions made in accordance with BIMC 16.04,
the city‟s SEPA rules, shall be made according to the procedures in that
chapter. Where the appeal concerns a substantive approval, denial, or
conditional approval of a development application based on a SEPA
determination (a “substantive SEPA appeal”), the appeal hearing shall be
pursuant to subsection 1.i below. Where the appeal concerns a threshold
determination regarding the applicability of SEPA or the level of SEPA
review required (a “procedural SEPA appeal”), the appeal shall also be
pursuant to subsection 1.i below, but, if heard on the same date, the
procedural SEPA appeal shall be heard first and the record of the
proceeding closed before the substantive appeals are heard.
c. Rules. Any rules of procedure for appeal hearings adopted by the hearing
examiner shall be kept on file with the office of the city clerk and shall be
provided to any person filing an appeal upon request.
d. Timing. An appeal of an administrative decision shall be filed with the city
clerk within 14 days of the date of the decision. This provision applies
when the application (i) is exempt from SEPA or (ii) is subject to SEPA and
uses the “optional process.” An appeal of an administrative decision shall
be filed with the city clerk within 21 days of the date of decision when the
project is subject to SEPA and requires a SEPA threshold determination
public comment period pursuant to WAC 197-11-340.
e. Written Appeal Required. All appeals shall be filed in writing with the city
clerk, shall identify the decision appealed and the date of the decision, and
shall contain a summary of the grounds for the appeal.
f. Content of Appeal. Appeal hearings shall be limited to the issues specified
in the written appeal.
g. Hearing Date. Following receipt of a notice of appeal and payment of the
appropriate fee, a public hearing shall be set by the hearing examiner.
h. Related Documents. All written comments and related documents received
prior to the appeal hearing shall be transmitted to the hearing examiner no
later than the hearing date. In the case of complex or controversial
appeals, the city may require that some or all materials be submitted two
or more days in advance of the hearing date.
i. Appeal Hearing. As stated in RCW 43.21C.075, because a major purpose of
SEPA is to combine environmental considerations with public decisions, any
appeal brought under this section shall be linked to a specific governmental
action. The State Environmental Policy Act provides a basis for challenging
whether governmental action is in compliance with the substantive and
procedural provisions of this chapter. The State Environmental Policy Act is
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not intended to create a cause of action unrelated to a specific governmental
action. The appeal shall be heard in accordance with RCW 43.21C.075. The
appeal shall be held at an open record public hearing. Participation in an
appeal hearing is limited to the applicant, the applicant‟s representative, the
appellant, the appellant‟s representative, appropriate city staff and
consultants, any witnesses called by each and any nonparty who submitted
written comments during the public comment period if the hearing
examiner determines that the testimony will be relevant to the issue on
appeal and non-repetitive of the testimony of other witnesses.
i. In a SEPA procedural appeal, the procedural determination by the city‟s
SEPA official shall carry substantial weight.
ii. In an appeal of a substantive decision made by the city, the criteria shall
be whether (a) the proceedings were materially affected by failure to
comply with adopted procedures, or (b) the decision is inconsistent with
the BIMC criteria for that type of approval, or (c) the evidence in the
record was not adequate to support the decision.
iii. In an appeal on the substance of a SEPA determination, or substantive
conditions attached to an approval through the SEPA review process, the
determination by the city‟s SEPA official shall carry substantial weight.
j. Continuation of Hearing. A hearing may be continued to a date certain
without additional notice.
k. Decision. Upon completion of the appeal hearing, the hearing examiner
shall (1) affirm the decision, (2) reverse the decision, (3) affirm the decision
with conditions, or (4) remand the decision to the department director for
further consideration of identified issues. The Decision of the Director
shall be accorded substantial weight by the Hearing Examiner. The hearing
examiner may include conditions as part of a decision granting or granting
with conditions an appeal to ensure conformance with BIMC, the city‟s
comprehensive plan and other applicable laws or regulations.
l. Timing of Written Decision. The hearing examiner shall issue a written
decision on the appeal within 20 working days after completion of the
public hearing unless the appellant and the hearing examiner have
consented to an extension of time. The written decision shall include (1)
the decision of the hearing examiner granting or denying the appeal in
whole or in part; (2) any conditions included as part of the decision on the
appeal; (3) findings of facts upon which the decision, including any
conditions, is based and the conclusions of law derived from those facts;
and (4) a statement of the right of a person with standing to appeal the
decision of the hearing examiner in accordance with Chapter 36.70C RCW.
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m. Distribution. The hearing examiner or designee body shall provide a copy
of the written decision to the applicant, the appellant, the applicable
department director, and any person requesting the written decision or
who submitted substantive comments on the application prior to the
decision.
2. APPEAL OF A DECISION OF THE HEARING EXAMINER
The decision of the hearing examiner shall be final unless, within 21 days after
issuance of a decision, a person with standing appeals the decision in
accordance with Chapter 36.70 RCW or its successor. (Ord. 2003-07 § 5, 2003;
Ord. 2001-02 § 15, 2001; Ord. 96-03 § 18, 1996; Ord. 94-35 § 1, 1995; Ord.
93-02 § 1, 1993. Formerly 2.16.060; Ord. 2004-12 § 3, 2004; Ord. 2003-52
§ 3, 2003; Ord. 2003-25 § 2, 2003; Ord. 2003-07 § 4, 2003: Ord. 2001-26 § 3,
2001; Ord. 96-03 § 15, 1996; Ord. 93-02 § 1, 1993. Formerly 2.16.050)
3. APPEAL OF A CITY COUNCIL DECISION ON A QUASI-JUDICIAL MATTER
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 Chapter 36.70.C RCW or its successor. (Ord. 96-03 § 16, 1996)
4. APPEALS OF A CITY COUNCIL DECISION ON A LEGISLATIVE MATTER
Appeal of a city council decision on a development regulation, area-wide rezone
and comprehensive plan amendment is governed by state law. (Ord. 2001-24 §
1, 2001)
Q. HOUSING DESIGN DEMONSTRATION PROJECTS
1. PURPOSE AND GOALS
The purpose of this section 2.16.020.Q is to allow the development of a limited
number of housing design demonstration projects to increase the variety of
housing choices available to residents of all economic segments and
encouraging sustainable development through the use of development standard
incentives. The goals of this chapter are to encourage innovative building design
in housing projects by increasing the housing supply and the choice of housing
styles available in the community, by promoting diversity in housing affordability
and choice by encouraging smaller and more varied home sizes and mixes of
income levels, and by promoting high quality design. An additional goal is to
encourage the use of innovative site development practices and green building
practices by encouraging the use of conservation design methods and principals
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such as, low impact development techniques, green building materials, water
and energy conservation, and mitigation that offsets impacts to biodiversity.
Two final goals are to help identify any zoning code amendments that are
necessary to support the development of innovative housing choices on
Bainbridge Island, and to identify effective incentives to encourage green
building and low impact development standards. The demonstration projects
developed under this chapter shall use innovative design and development
techniques to achieve these goals.
2. APPLICABILITY
This section 2.16.020.Q is applicable to all properties located within the Winslow
Study Area of the Winslow Master Plan and the Winslow Sanitary Sewer System
Service Area. An application for housing design demonstration project may be
applied to single-family residential subdivisions, mixed-use/ multifamily and
multifamily developments. Since the purpose is to provide housing projects as
demonstrations, the city will accept projects for consideration and approval prior
to the sunset date of this ordinance. The city will limit acceptance of Tier 3
density incentive projects outlined in this section to three projects.
3. REVIEW AND APPROVAL PROCESS
Housing design demonstration project applications shall be reviewed as specified
in the same manner as other applications for the same type of underlying land
use permit (see BIMC 2.16.030 through 2.16.210), with additional review as
outlined in this subsection.
a. Conceptual Proposal Review. Applicants proposing a demonstration
project shall meet with city staff during the conceptual phase to discuss the
goals and evaluation parameters of the proposed project. The conceptual
proposal review is an informal discussion between the applicant and city
staff regarding a proposed project. There are no required application
materials for this stage. Applicants shall contact the Planning Department
staff to request a meeting, and the meeting shall be scheduled by staff for
no more than three weeks after the request date. The purpose of the
conceptual proposal review is to determine if the proposal is eligible to be
considered as an application for housing design demonstration project and
to assist the applicant by identifying (1) requirements for submittal,
including types of supplemental materials for application; (2) compliance
with applicable city plans, goals, policies, codes, or guidelines and possible
revisions to the project that will enhance the proposal with respect to these
requirements; (3) areas of Title 18 Zoning and Title 17 Subdivisions where
the applicant seeks flexibility; and (4) required plans studies, reports, and
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/or other materials specific to the proposal that will provide necessary
information for staff and the design review board, and to review the project
under the criteria outlined in BIMC 2.16.020.Q.4.
b. Public Participation Program. The applicant is required to participate in one
or more community meetings, either through the City‟s 1) Public
Participation Program following the procedures outlined in Resolution Nos.
2010-32 and 2001-11, or 2) an equivalent public meeting that includes
participation by city staff, as approved by the director.
c. Preapplication Conference. The applicant shall apply for a preapplication
conference pursuant to BIMC 2.16.020.G. Housing design demonstration
projects shall be reviewed by both staff and the design review board,
pursuant to BIMC 2.16.020.F. The applicant shall submit a HDDP proposal
consistent with the requirements in the Administrative Manual. The
applicant shall consider input received during the public meetings and
conceptual review with city staff in the crafting the proposal. The proposal
will be evaluated pursuant to BIMC 2.16.020.Q.4 by city staff and the
design review board at one meeting. The evaluation factors outlined in
BIMC 2.16.020.Q.4 related to housing diversity and innovative building
design practice shall be evaluated by the director, and those related to
innovative site development practices shall be evaluated by the director and
the design review board. The director shall prepare written findings of
facts, and applicants will receive preliminary notification from the director
whether the proposal qualifies as a housing design demonstration project,
or feedback about how to improve the proposal to qualify. If the applicant
changes the proposal in any significant manner other than a response to
feedback from the public meeting, conceptual review, or the preapplication
review, an additional preapplication conference may be required.
d. Application Submittal. An applicant may submit a land use application for
a housing design demonstration project after completion of a required
conceptual and preapplication review and notification by the city that the
proposal qualifies as a housing design demonstration project. Upon
receipt of an application, the director shall provide notice to the applicant
and public in accordance with BIMC 2.16.020.K, and commence the
application review process.
e. Permit Decision. The decision to approve or deny a housing design
Demonstration Project shall be made as part of underlying land use permit
approval. The decision shall be based upon the decision criteria of the
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underlying planning permit, and the decision criteria outlined in BIMC
2.16.020.Q.5. Housing design demonstration project approval conditions
shall be included in the final permit approval and shall address any
ongoing compliance requirements including compliance with approved
design plans.
f. Building Permit. The applicant shall submit a building permit that is
consistent with all conditions of the land use permit approval. The
applicant shall also submit documentation that the project has applied for
certification by a green building rating system, such as Evergreen
Sustainable Development, LEED, or BuiltGreen. Proof of ongoing
certification shall be required during construction and project certification
must be completed prior to final occupancy.
g. Living Building Challenge. For projects pursuing the Living Building
Challenge standard of the International Living Building Institute, the
applicant must show proof of pursuing ongoing certification during
construction for all required elements. After construction and prior to
issuance of the certificate of occupancy, the applicant must show proof of
initial project compliance as to the Site, Materials, Indoor Quality and
Beauty/ Inspiration components of the Living Building Challenge and that
the project is likely to achieve the elements of energy and water following
12 months of occupancy as required under Living Building Challenge
certification. For those elements of energy and water that require
occupancy of the building for 12 months for Living Building Challenge
certification, the applicant must submit a report to the city following 12
months of occupancy, demonstrating its progress towards meeting these
remaining elements of the Living Building Challenge standard. If
certification of those elements has not been achieved, the applicant must
provide quarterly reports of progress towards certification of these
elements, including additional steps and timeline that will be taken to
achieve certification.
4. EVALUATION METHOD
Each project will be evaluated for innovation and achievement of the goals of
BIMC 2.16.020.Q using a number of factors. The evaluation factors are divided
into three categories. If a project does not meet a required evaluation factor, the
applicant is required to provide a written explanation about why the evaluation
factor is not appropriate or cannot be met in this instance. Examples of
sustainable development methods do not limit other mechanisms of meeting the
evaluation factor. The city council will pass a resolution to adopt a quantitative
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system to implement this evaluation method. That evaluation method may
include a reference to an established third party green building checklist such as
the Evergreen Sustainable Development, Living Building Challenge standard of
the International Living Building Institute, LEED or BuiltGreen.
a. Housing Diversity. Evaluation will review:
i. Unit Type: The project includes a variety of unit types, for example,
single-family, townhomes, flats, duplex, live/work, or accessory dwelling
units.
ii. Unit Size: The project includes a variety of housing unit sizes that provide
for a broad mix of income levels and family size; and
iii. Affordable Housing: The project includes housing units that are
affordable to the spectrum of income levels as defined in BIMC 18.21
Affordable Housing. Designated affordable housing shall remain
affordable for 50 years from the time of final inspection on the affordable
unit.
b. Innovative Site Development. Evaluation will review:
i. Low Impact Development. The project uses a low impact development
approach to storm water management through small-scale decentralized
practices that infiltrate, evaporate and transpire rainwater, such as (a)
using rain gardens and other water-absorbent plant growth media, with
drought tolerant native plants, combined with curb cuts and other proven
low impact development techniques for rainwater catchment and
absorption, to lessen storm water runoff (invasive species shall not be
planted; (b) Where there is to be an earthen separation between the street
and sidewalk and bioswales, (c) amended soils.
ii. Impervious Surfaces. The project reduces impacts from impervious
surfaces through use of techniques such as (a) porous asphalt, paver
blocks or large aggregate pervious concrete for parking and highly used
bicycle and pedestrian areas; (b) lattice blocks (or similar products) that
permit grass growth for fire lanes and overflow parking; (c) crushed stone
or brick for lightly used pedestrian paths; and (d) recycled asphalt and
recycled concrete in the base course of pervious and/or impervious
surfaces.
iii. Landscaping. The project uses low maintenance landscaping that
integrates a high proportion of native plants or drought-tolerant plants
that are climate appropriate.
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iv. Common Open Space. The project provides connected common open
space area set aside as active open space and designed and integrated
into the project.
v. Transportation. The project (a) uses a design that provides enhanced
sensitivity to pedestrian travel; (b) internally preserves existing informal,
internal connection to external trail(s), or creates new connections where
appropriate, to implement the Non-motorized Transportation Plan
(NMTP); (c) reduces reliance on automobiles and trip counts, and
promotes alternative transportation and public transit, (d) minimizes the
visual dominance of automobiles throughout the project, or (e) the
project accommodates needs of alternative vehicles through techniques
such as parking and charging facilities for electric cars, locating
rechargeable electric vehicle (EV) parking in a conspicuous and preferred
location close to a main building entrance, using parking spaces
designed for sub-compact vehicles, such as smart™ cars, integrating a
parking space for a vehicle sharing program, such as zipcar™.
vi. Composting: The project designates an area where residents can
compost their food and yard waste. The compost area may be located in
active open space areas.
vii. Biodiversity: The development addresses biodiversity issues by
incorporating development impact offsets as outlined in the policies of
the Environmental Element of the Comprehensive Plan.
c. Innovative Building Design. Evaluation will review:
i. Alternative Energy: The project utilizes, at least in part, alternative power
and heat technologies including, but not limited to solar, passive solar,
wind, and geothermal.
ii. Energy Efficiency: The project exceeds base energy efficiencies required
by the Building Code by integrating energy efficient building design and
appliances.
iii. Water Efficiency: The project uses water efficiently by integrating low-
flow water fixtures and/or water re-use systems (i.e. greywater for
toilets, landscaping).
iv. Green Building Materials: The project utilizes sustainable or „green‟
building materials internally and externally.
v. Accessibility: The project design incorporates access for residents of all
ages and mobility inside and outside the home.
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5. APPROVAL CRITERIA
In addition to decision criteria required by the underlying planning permit or
approval, an application for a housing design demonstration project may be
approved if the following criteria are met:
a. The applicant clearly demonstrates evaluation factors listed in BIMC
2.16.020.Q.4 as evaluated by the design review board and the planning
department;
b. The applicant has demonstrated how relief from specific development
standards, including setback reductions, lot coverage and/or design
guidelines, is needed to achieve the desired innovative design and the
goals of this chapter;
c. The project is harmonious in design and appearance with the intended
character and quality of development in the immediate vicinity of the
subject property, and with the physical characteristics of the subject
property;
d. The project does not adversely impact existing public service levels for
surrounding properties;
e. The project complies with all other portions of the BIMC, except as
modified through this housing design demonstration project process;
f. If a project will be phased, each phase of a proposed project must contain
adequate infrastructure, open space, recreational facilities, landscaping and
all other conditions of the project to stand alone if no other subsequent
phases are developed; and
g. The applicant is meeting required housing diversity standards.
6. DEVELOPMENT STANDARD INCENTIVES
The applicant may request that development standards from Titles 17 and 18 be
modified as part of a housing design demonstration project. The city will review
the request to modify development standards through the project review process
outlined in BIMC 2.16.020.Q.3 and considered in relation to all required decision
criteria. Requirements of Title 16 may not be modified. The following
development standards may be modified.
a. Minimum lot dimensions and size. Reductions in lot size or dimensions are
subject to approval by Kitsap County Health District.
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b. Maximum lot coverage. Increases in maximum lot coverage will be
evaluated pursuant to the innovative site development evaluation criteria in
BIMC 2.16.020.Q.4.
c. Open Space. For demonstration projects developed under BIMC Title 17
flexible lot subdivision, open space requirements in BIMC 17.12.030.A do
not apply, and open space incorporated into the project shall be evaluated
pursuant to the evaluation criteria in 2.16.020.Q.4.
d. Residential Parking. The parking requirements outlined in BIMC 18.15.020
may be modified to require 1 parking space for homes under 800 square
feet; 1.5 parking spaces for homes between 800-1,500 square feet. This
reduction may not be combined with any other reductions to result in less
than 1 space per unit, and additional guest parking may be required
pursuant to BIMC Table 18.15.020-1. A limited number of parking spaces
may be designed to accommodate alternative fuel or sub-compact vehicles
such as smart™ cars, with parking stall dimensional standards reduced
from the standards outlined in BIMC 18.15.020.J. The applicants are
encouraged to work with neighboring property owners to ensure street
parking is not overburdened.
e. Commercial Parking: A reduction in commercial parking requirements may
be granted for live-work project proposals that contain integrated living
and working space, or other commercial components primarily serving an
immediate neighborhood. Proposed reductions shall be reviewed pursuant
to provisions for other uses and special cases in BIMC Table 18.15.020-1.
f. Setbacks. Unless required for public safety purposes, such as sight
distance, setbacks required BIMC Title18 in any district other than the
Mixed-Use Town Center or the High School Road zoning district may be
reduced as described below. Additional vegetative landscaping screen may
be required by director when reducing setbacks.
i. Front setback within project: 10 feet
ii. Rear setback within project: minimum of 5 feet
iii. Side setback within project: minimum of 5 feet
g. Roadside Buffers. A reduction in required roadside buffers will consider
existing vegetation and the buffering provided by surrounding properties.
h. Building Height. Existing bonus height may be achieved as outlined below.
i. Residential buildings in residential zones outside the Mixed-Use Town
Center and High School Road districts may achieve the extra 5 feet in
height provision of the applicable zoning district through the housing
2.16 Land Use Review Procedures
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City of Bainbridge Island 41
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design demonstration project approval process for the underlying land
use permit instead of a conditional use permit process.
ii. Buildings within the Mixed-Use Town Center or High School Road
districts may achieve a maximum building height not to exceed the
optional height outlined in BIMC Table 18.12.020-3.
7. DENSITY BONUS INCENTIVES
An increase in density may be permitted as outlined below. The city council
adopted Resolution 2009-25 containing a quantitative evaluation method that
links maximum residential bonus density to varying levels of green building and
affordable housing provided, as outlined in Table 2.16.020.Q-1 below.
Table 2.16.020.Q-1: Housing Design Demonstration Project Density Bonuses
Incentives In addition to Flexible Development Standards in BIMC 2.16.020.Q.6
Requirements to Receive Incentives
Innovative Site Development (BIMC 2.16.020.Q.4.b) and Innovative Building Design Practices/
Green Building (BIMC 2.16.020.Q.4.c)
Housing Diversity
Requirement (BIMC 2.16.020.Q.4.a
and 18.21)
TIER 3
Green
2.5 x Base Density
OR
Max. Bonus
Mixed-Use FAR
Living Building Challenge:
Net zero energy and water documentation,
Qualifies in all six performance areas with
required 16 pre-requisites: site (3), energy (1),
materials (5), water (2), indoor quality (3), and
beauty and inspiration (2).
NA
Housing
2.5 x Base Density
OR
Max. Bonus Mixed-
Use FAR
LEED Silver, BuiltGreen 4, or
Evergreen Sustainable Development AND
Achieve Minimum Required Points in Innovative
Site Development Practices
50% affordable
housing AND
Home size not larger
than 1600 sq. ft.
TIER 2
Green
1.5 x Base Density OR
Max. Bonus
Mixed-Use FAR
LEED Platinum or Gold, or Built Green 5
For projects pursuing LEED, applicant must
check off within the LEED checklist a minimum
threshold for 20-30% water use reduction
For projects pursuing Built Green, applicant
must achieve 20-30% water use reduction
For projects pursuing LEED or Built Green,
applicant shall seek to achieve within the
checklist a minimum threshold for 25-30%
improved energy performance AND
Achieve Minimum Required Points in Innovative
Site Development Practices
Home size not
greater than 1600
sq. ft.
AND4 points in
Housing Diversity
category
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City Council Public Hearing Draft, Title 2, Procedures November 2011
Table 2.16.020.Q-1: Housing Design Demonstration Project Density Bonuses
Incentives In addition to Flexible
Development Standards in BIMC 2.16.020.Q.6
Requirements to Receive Incentives
Innovative Site Development (BIMC 2.16.020.Q.4.b)
and Innovative Building Design Practices/
Green Building (BIMC 2.16.020.Q.4.c)
Housing Diversity Requirement
(BIMC 2.16.020.Q.4.a and 18.21)
Housing
1.5 x Base Density
(Zones R-8 & R-14) OR
2.0 x Base Density
not to exceed R-8
density
(Zones R-2, R-2.9,
R-3.5, & R-4.3) OR
Max. Bonus
Mixed-Use FAR
LEED Silver or Built Green 4
For projects pursuing LEED, applicant must
check off within the LEED checklist a minimum
threshold for 20-30% water use reduction
For projects pursuing Built Green, applicant
must achieve 20-30% water use reduction
For projects pursuing LEED or Built Green,
applicant shall seek to achieve within the
checklist a minimum threshold for 20-25%
improved energy performance
AND
Achieve Minimum Required Points in Innovative
Site Development Practices
Home size not
greater than 1600
sq. ft. AND
10 pts. of affordable
housing subcategory
AND
17 pts. total in
Housing Diversity
category
TIER 1
Green NO Density Bonus
LEED Certification
NA
Housing NO Density Bonus
NA
Home size not
greater than 1,600
sq. ft. AND
7points in Housing
Diversity category
8. EVALUATION SCORING SYSTEM
For the purposes of implementing this section 2.16.020.Q, city council has
adopted an evaluation scoring system in resolution 2009-25 dated November 9,
2009. Evaluation of applications for housing design demonstration programs
shall be evaluated pursuant to that scoring matrix as applied to this section
2.16.020.Q, and in case of inconsistency between the provisions of that
resolution and this section, the provisions of the resolution shall govern.
Resolution 2009-25 contains definitions that are to be used only for purposes of
the evaluation scoring matrix, and in case of inconsistency between those
definitions and the definitions in BIMC 18.36, the provisions in the resolution
shall govern, but only as they apply to evaluations for applications for housing
design demonstration programs.
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City Council Public Hearing Draft, Title 2, Procedures November 2011
9. DEMONSTRATION PROJECT VISIT
In order to learn from the innovative design practices used, all demonstration
projects completed under this section 2.16.020.Q shall allow city staff to
conduct occasional site tours. City staff will make a request of the property
owner prior to conducting a tour and will not access the properties for tours
more than once every three months. The site tours will be limited to the exterior
and common grounds of the property, and conducted during regular business
hours. Visits will be coordinated through the staff and property owner, and the
owner will receive written notice no less than two weeks in advance of each visit.
Any additional access to private property or at alternative times shall be at the
permission and cooperation of the individual homeowner only.
10. DEMONSTRATION PERIOD
This section 2.16.020.Q and related provisions of BIMC Title 2, Title17, and Title
18 shall expire on August 26, 2012.
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2.16.030 Administrative Review -- in General
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City Council Public Hearing Draft, Title 2, Procedures November 2011
2.16.030 ADMINISTRATIVE REVIEW -- IN GENERAL
A. PURPOSE
The purpose of this section is to establish procedures for administrative decision-
making on land use applications. These provisions apply when BIMC does not
describe more detailed administrative procedures for a specific type of application,
and also supplement those more specific administrative procedures where they
exist. If there is an inconsistency between these general administrative provisions
and more detailed administrative provisions for a specific type of application
elsewhere in BIMC, the more specific provisions shall govern.
B. APPLICABILITY
This section applies each time a provision of BIMC authorizes administrative review
of land use application, except site plan and design review (which is covered under
BIMC 2.16.040), including those administrative approvals described in BIMC 16.12,
with the exception of shoreline substantial development permit applications,
shoreline conditional use permit applications, and shoreline variance applications,
which must go to the Washington Department of Ecology pursuant to WAC 173-27-
130 and RCW 90.58.140(10) for a 21-day appeal period. The specific types of
applications subject to administrative review are listed in the Table in BIMC
2.16.010. When an application requires both an administrative approval under BIMC
Title 17 or Title 18 and also a shoreline jurisdiction approval under BIMC 16.12,
those approvals may be processed simultaneously.
C. PUBLIC COMMENT
Any person may comment on a proposed application by submitting written
comments prior to the end of the notice of application 21-day comment period
(except for those applications for which no notice is required under BIMC
2.16.020.K).
D. DECISION PROCEDURES
1. CRITERIA FOR DECISION
In making the decision, the department director shall consider the applicable
decision criteria of this code, all other applicable law, and any necessary
documents and approvals. When no other criteria are specified, the director shall
apply the following criteria:
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City Council Public Hearing Draft, Title 2, Procedures November 2011
a. The application must comply with all applicable requirements of BIMC as
well as state and federal law.
b. The application is consistent with the adopted comprehensive plan, and
specifically with the character or intended character of the area in which the
property is located, as described in the comprehensive plan.
2. ENVIRONMENTAL REVIEW
For a land use application subject to Chapter 43.21C RCW and BIMC 16.04, a
SEPA threshold determination may be issued simultaneously with the final
decision of the land use application.
3. PLANNING COMMISSION RECOMMENDATION
When written public comments are received during the public comment period
concerning the effect of the land use application on the comprehensive plan,
shoreline master program or matters not addressed by specific provisions of this
code, the director may request the planning commission to review an application
and make a written recommendation prior to the director making a decision. The
planning commission will consider the land use application at a public meeting.
The planning commission shall recommend approval, approval with conditions
or denial of an application. In making a recommendation, the planning
commission shall consider the applicable decision criteria of this code, all other
applicable law, and any necessary documents and approvals. If the applicable
criteria are not met, the planning commission shall recommend the proposal be
modified or denied. A planning commission recommendation is not a final
decision and therefore there is no appeal of the recommendation. The planning
commission‟s written recommendation and other documents upon which its
decision is based shall be immediately transmitted to the director.
E. SINGLE REPORT
1. The department director shall prepare a single consolidated report setting forth
all the recommendations and decisions made on the application as of the date of
the report.
2. The report shall state any mitigation required or proposed under the
development regulations or as required through SEPA, Chapter 43.21C RCW. The
report shall include the SEPA determination if a determination has not previously
been issued.
3. If an administrative Shoreline Master Program permit is required for the project
pursuant to BIMC 16.12, the report shall address the requirements of that
section.
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City Council Public Hearing Draft, Title 2, Procedures November 2011
F. DEPARTMENT DIRECTOR DECISION
The department director may approve, approve with
conditions, or deny the application based on the
decision criteria, findings of fact, recommendations of
the planning commission and design review board as
applicable, and any necessary documents and
approvals.
G. CORRECTIONS OR CLARIFICATION
The department director may amend the decision at
any time to correct clerical errors clearly identifiable
from the public record. Such a correction does not
affect any time limit provided for in this chapter. The
department director may clarify a statement in the
written decision at any time as long as the clarification
does not materially alter the decision.
H. EFFECT OF DECISION
The decision of the department director is the final
decision of the city, subject to the appeal provisions
in BIMC 2.16.020.P.
I. REVOCATION OF ADMINISTRATIVE APPROVALS
An administrative approval may be revoked by the
director 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; or
2. That the use for which approval was granted has
been changed; or
3. In the case of minor conditional use permits, that
the use has at any time been discontinued for a
year or more; or
4. That the permit granted is being exercised contrary to the terms or conditions of
such approval or in violation of the code; or
Application Submittal
Preapplication
Conference with Staff
Staff Recommendation
DRB Review and
Recommendation
Major Site Plan and
Design Review Process
Preapplication
Conference with DRB
Appeal to
Hearing Examiner C
Project Review
by Staff
SEPA Review
by Staff C
Director Decision
SEPA
Determination
Planning Commission Review and Recommendation P
= Notice and 14 day
public comment period C
= Opportunity for public
participation or comment P
2.16 Land Use Review Procedures
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City Council Public Hearing Draft, Title 2, Procedures November 2011
5. 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)
2.16 Land Use Review Procedures
2.16.040 Site Plans and Design Review
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City Council Public Hearing Draft, Title 2, Procedures November 2011
2.16.040 SITE PLANS AND DESIGN REVIEW
A. PURPOSE
The purpose of this section 2.16.040 is to establish a comprehensive site plan and
design review process that ensures compliance with the adopted plans, policies, and
ordinances of the city. The overall goal of this chapter is to minimize land
alteration, provide greater site development flexibility and consequently provide
more creative and imaginative design than generally is possible under conventional
zoning regulations. It is further intended to provide for the review of development
proposals with respect to overall site design and to provide a means for guiding
development in a logical, safe, attractive, and expedient manner, while also allowing
property to be developed in phases. An additional purpose is to promote those
specific purposes for each zoning district stated in BIMC 18.06.
B. APPLICABILITY
1. Site plan and design review shall be required prior to the issuance of
construction permits in any of the following circumstances:
a. The new construction of a nonresidential building or other structure; or
b. The expansion, remodel, or alteration of any building or other structure by
more than five percent of its existing floor area, or overall size in cases
where floor area is not applicable; or expansion that creates a new dwelling
unit; or
c. A change of use, where traffic, parking, noise or other impacts are greater
than the impacts for the previously existing use, as determined by the
director; or
d. The construction of new wireless communications support structures (but
not the location of wireless facilities on existing buildings).
2. Exemptions. The following types of activities shall not require site plan and
design review pursuant to this section. Properties within jurisdiction of the
shoreline master program, as defined by BIMC 16.12 or containing critical areas
or critical area buffers, as defined by BIMC 16.20 may require review pursuant to
these sections.
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City Council Public Hearing Draft, Title 2, Procedures November 2011
Application Submittal
Preapplication
Conference with Staff
Staff Recommendation
DRB Review and
Recommendation
Minor Site Plan and
Design Review Process
Preapplication
Conference with DRB
Appeal to
Hearing Examiner C
Project Review
by Staff
SEPA Review
by Staff C
= Notice and 14 day
public comment period C
Director Decision
SEPA
Determination
= Indicates step is
“if applicable”
a. Permits authorizing residential
construction for detached single-family
residential use and accessory dwelling
units.
b. Any activity that does not require a
building permit or is not considered a
change in use, as determined by the
director.
c. Any activity on the exterior of a building
that does not exceed twenty-five percent
change in any existing façade or roof
form.
d. Interior work that does not alter the
exterior of the structure or affect parking
standards as determined by the director.
e. Normal building maintenance and repair.
f. Maintenance or expansion of existing
parks where the proposed activities are
exempt from SEPA review in accordance
with WAC 197-11-800. (Ord. 2005-29
§ 32, 2005: Ord. 2003-11 § 7, 2003:
Ord. 99-30 § 4, 1999: Ord. 96-14 § 3,
1996; Ord. 92-08 § 2, 1992)
3. The provisions of this section 2.16.040
supplement those of sections 2.16.020 and
2.16.030 when the application is for site plan
or design review. In the event of a conflict
between the provisions of sections 2.16.020 or
2.16.030 and 2.16.040, the provisions of this
section shall govern.
C. PROCEDURES
This section provides two methods of site plan and
design review: major and minor. Application
materials for both major and minor site plan and design review can be found in the
Administrative Manual.
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City Council Public Hearing Draft, Title 2, Procedures November 2011
1. MINOR
Minor Site Plan and Design Review is required for minor projects that can clearly
meet the decision criteria in BIMC 2.16.040.E, as determined by the director.
Examples of minor administrative projects include: (a) a fourplex multifamily
development, (b) minor commercial remodel or the addition of a small room; and
(c) a minor change in use, such as from a church to a preschool.
2. MAJOR
Major Site Plan and Design Review requires planning commission review and
recommendation, and is required for projects that: (a) are determined by the
director to be more complicated than those in subsection 1 above, due to site
constraints or the complexity of the project; or (b) that receive written public
comment(s) during the public comment period 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; or (c) are located on property
zoned business/industrial after November 22, 1999. (Ord. 2006-16 § 3, 2006:
Ord. 99-30 § 4, 1999: Ord. 96-14 § 2, 1996; Ord. 92-08 § 2, 1992)
D. DESIGN PROCESS
1. SITE ANALYSIS
a. An applicant shall first conduct a site analysis identifying existing
watercourses/wetlands, significant trees and vegetation, critical areas and
other natural features, and open space in accordance with the design
process, and development standards of BIMC 18.12.020 if applicable.
b. An applicant for a site plan and design review proposal shall prepare maps,
site plan(s) and studies (as specified in the submittal requirements) to show
how the proposal promotes the purpose and meets the standards of the
zoning district and chapter.
2. TWO STEP PREAPPLICATION CONFERENCE
a. Applicants for projects involving multifamily, mixed use, or commercial
development subject to design guidelines shall first meet with the Design
Review Board to discuss the design concept for the development.
b. An applicant for a major site plan and design review permit is required to
participate in a community meeting through the City‟s Public Participation
Program outlined in Resolution No. 2010-32. The meeting will be held after
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City Council Public Hearing Draft, Title 2, Procedures November 2011
the design review board meeting during the preapplication conference
phase of the project.
c. Following the design review board meeting, the applicant shall meet with
appropriate staff and agencies at a required preapplication conference as
described in BIMC 2.16.020.G.
d. The director may waive one or both steps of the preapplication conference
in accordance with BIMC 2.16.020.G.3 if the director determines that the
nature of the application makes them unnecessary.
e. Within 14 days of a preapplication conference, the department staff shall
notify the applicant in writing whether the proposal will likely require
planning commission review.
3. APPLICATION
An applicant may submit an application for site plan and design review at any
time after completion of a required preapplication conference or approval of a
waiver in accordance with 2.16.020.G.3. The applicant shall submit a complete
application with all required submittal requirements listed in the Administrative
Manual.
4. APPLICATION REVIEW
a. Upon receipt of the application and determination of completeness, the
director shall transmit a copy of the application to the Kitsap County Health
District.
b. In the case of a minor site plan and design review application, the final
decision on an application is made by the director based on 1) decision
criteria in subsection E, 2) the DRB recommendation, and 3) consideration of
any public comments received.
c. In the case of a major site plan and design review application, the planning
commission shall review the application prior to the final decision by the
director. The director shall determine the major issues and specific aspects
of the project that the planning commission should review, and shall
forward this review directive to the planning commission. The planning
commission shall review the application based on the director‟s review
directive, DRB recommendation, and the decision criteria, consider the
application at a public meeting where public comments will be taken, and
forward its recommendation to the director in accordance with BIMC
2.16.030.C through E. The director will make the final decision based on (1)
the decision criteria in 2.16.040.E, (2) the recommendation of the planning
2.16 Land Use Review Procedures
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City Council Public Hearing Draft, Title 2, Procedures November 2011
commission, (3) design review board recommendation, and (4) consideration
of any public comments received.
5. RELATIONSHIP TO OTHER LAND DEVELOPMENT APPLICATIONS – CONSOLIDATED PROJECT REVIEW
a. If requested by the applicant, a site plan and design review application that
is part of a proposal requiring multiple land use permits may be combined
in a consolidated project review. Related applications requiring a public
hearing shall be considered at one public hearing in accordance with BIMC
2.16.170.
b. If a site plan and design review application is part of a consolidated project,
the director will review the site plan and design review application as
prescribed under subsection 4.a or 4.b of this section, as appropriate, and
forward the findings and decision to the appropriate hearing body for any
required public hearing. (Ord. 2001-41 § 12, 2001; Ord. 99-30 § 4, 1999:
Ord. 96-14 § 6, 1996; Ord. 92-36 § 4, 1992: Ord. 92-08 § 2, 1992)
E. DECISION CRITERIA
The director and planning commission shall base their respective recommendations
or decisions on site plan and design review applications on the following criteria:
1. The site plan and design is in conformance with applicable code provisions and
development standards of the applicable zoning district, unless a standard has
been modified as a housing design demonstration project pursuant to BIMC
2.16.020.Q;
2. The locations of the buildings and structures, open spaces, landscaping,
pedestrian, bicycle and vehicular circulation systems are adequate, safe, efficient
and in conformance with the nonmotorized transportation plan;
3. The Kitsap County Health District has determined that the site plan and design
meets the following decision criteria:
a. The proposal conforms to current standards regarding domestic water
supply and sewage disposal; or if the proposal is not to be served by public
sewers, then the lot has sufficient area and soil, topographic and drainage
characteristics to permit an on-site sewage disposal system.
b. If the health district recommends approval of the application with respect
to those items in subsection a, the health district shall so advise the
director.
c. If the health district recommends disapproval of the application, it shall
provide a written explanation to the director. (Ord. 96-06B § 2, 1996)
2.16 Land Use Review Procedures
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City Council Public Hearing Draft, Title 2, Procedures November 2011
4. The city engineer has determined that the site plan and design meets the
following decision criteria:
a. The site plan and design conforms to regulations concerning drainage in
BIMC 15.20 and 15.21; and
b. The site plan and design will not cause an undue burden on the drainage
basin or water quality and will not unreasonably interfere with the use and
enjoyment of properties downstream; and
c. The streets and pedestrian ways as proposed align with and are otherwise
coordinated with streets serving adjacent properties; and
d. The streets and pedestrian ways as proposed are adequate to
accommodate anticipated traffic; and
e. If the site will rely on public water or sewer services, there is capacity in the
water or sewer system (as applicable) to serve the site, and the applicable
service(s) can be made available at the site; and
f. The site plan and design conforms to the “City of Bainbridge Island
Engineering Design and Development Standards Manual,” unless the city
engineer has approved a variation to the road standards in that document
based on his or her determination that the variation meets the purposes of
Title 18. (Ord. 2003-02 § 10, 2003: Ord. 98-20 § 13, 1998; Ord. 96-06B
§ 2, 1996)
5. The site plan and design is consistent with all applicable design guidelines in
Title 18 of this code, unless strict adherence to a guideline has been modified as
a housing design demonstration project pursuant to BIMC 2.16.020.Q;
6. No harmful or unhealthful conditions are likely to result from the proposed site
plan;
7. The site plan and design is in conformance with the comprehensive plan and
other applicable adopted community plans;
8. Any property subject to site plan and design review that contains a critical area
or buffer, as defined in BIMC 16.20, conforms to all requirements of that
chapter;
9. Any property subject to site plan and design review that is within shoreline
jurisdiction, as defined in BIMC 16.12, conforms to all requirements of that
chapter;
10. If the applicant is providing privately owned open space and is requesting credit
against dedications for park and recreation facilities required by BIMC
17.20.020.C, the requirements of BIMC 17.20.020.D have been met;
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City Council Public Hearing Draft, Title 2, Procedures November 2011
11. The site plan and design have been prepared consistent with the purpose of the
site design review process and open space goals;
12. For applications in the B/I zoning district, the site plan and development
proposal include means to integrate and re-use on-site storm water as site
amenities.
F. ACTION OF DIRECTOR
The director may approve, approve with conditions, or disapprove the application for
site plan and design review. Conditions may be imposed to enable the proposal to
meet the standards of the decision criteria. (Ord. 99-30 § 4, 1999: Ord. 96-14 § 9,
1996)
G. ADJUSTMENTS TO APPROVED SITE PLAN
1. Minor adjustments to an approved site plan and design review may be made
after review and approval by the director. Minor adjustments are those that
include minor changes in dimensions or siting of structures or the location of
public amenities, but do not include changes to the intensity or character of the
use. Minor adjustments are processed through a written request from the
applicant and a written response from department staff. The city response is
placed in the project file and is effective to modify the approval as described in
the response.
2. Adjustments other than minor adjustments to an approved site plan and design
review require a new or amended application as determined by the director.
Major adjustments are those that change the basic design, intensity, density, or
character of the use (Ord. 99-30 § 4, 1999: Ord. 96-14 § 11, 1996; Ord. 92-08
§ 2, 1992)
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City Council Public Hearing Draft, Title 2, Procedures November 2011
2.16.050 MINOR CONDITIONAL USES
A. PURPOSE
A minor 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.
B. APPLICABILITY
1. As determined by the Director, this
procedure shall apply to (1) all conditional
uses listed as Agricultural Uses in Table
18.09.020; (2) conditional uses listed in
Table 18.09.020 other than an
educational, cultural, governmental,
religious, or health care facility, where the
director determines that the anticipated
impacts of those conditional uses will be
minor or minimal; or (3) uses that are
clearly consistent and compatible with
other uses in the same zone or vicinity.
Properties within jurisdiction of the
shoreline master program, as defined by
BIMC 16.12 or containing critical areas or
critical area buffers, as defined by BIMC
16.20 may require review pursuant to
these sections.
2. Exemptions. Although a Site Plan Review
may be required, the following types of
activities are not required to obtain a
minor conditional use permit.
a. Any activity that does not require a building permit or is not considered a
change of use as determined by the director;
Application Submittal
Preapplication
Conference with Staff
Staff Recommendation
DRB Review and
Recommendation
Appeal to
Hearing Examiner
Minor Conditional Use Permit
Preapplication
Conference with DRB
= Notice and 14 day
public comment period C
Project Review
by Staff
SEPA Review
by Staff C
= Indicates step is
“if applicable”
= Opportunity for public
participation or comment
P
Planning Commission Review
and Recommendation P
Director
Decision
SEPA
Determination
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b. A one-time expansion of the square footage of an existing use up to 25
percent, regardless of ownership;
c. Interior work that does not alter the exterior of the structure or affect
parking standards as determined by the director;
d. Normal building maintenance and/or repair;
e. Maintenance or expansion of existing parks where the proposed activities
are exempt from SEPA review in accordance with WAC 197-11-800. (Ord.
2005-29 § 33, 2005)
3. The provisions of this section 2.16.050 shall supplement those of BIMC 2.16.020
and 2.16.030 when the application is for minor conditional use. In the event of a
conflict between the provisions of BIMC 2.16.020 or 2.16.030 and 2.16.050, the
provisions of this section shall govern.
C. PROCEDURES
Minor conditional uses shall be approved through the general administrative review
procedures described in BIMC 2.16.030 except as described below. Application
materials for minor conditional use can be found in the Administrative Manual.
D. NON-AGRICULTURAL MINOR CONDITIONAL USE DECISION CRITERIA
A non-agricultural minor conditional use or an agricultural research facility may be
approved if:
1. The conditional use is harmonious and compatible in design, character and
appearance with the intended character and quality of development in the
vicinity of the subject property and with the physical characteristics of the
subject property – provided, that in the case of a housing design demonstration
project any differences in design, character or appearance that are in furtherance
of the purpose and decision criteria of BIMC 2.16.020.Q shall not result in denial
of a conditional use permit for the project;
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 and other
applicable adopted community plans, including the nonmotorized transportation
plan;
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5. The conditional use complies with all other provisions of BIMC, unless a
provision has been modified as a housing design demonstration project pursuant
to BIMC 2.16.020.Q;
6. All necessary measures have been taken to eliminate or reduce to the greatest
extent possible the impacts that the proposed use may have on the immediate
vicinity of the subject property;
7. Noise levels shall be in compliance with BIMC 16.16.020 and 16.16.040.A;
8. The city engineer has determined that the conditional use meets the following
decision criteria:
a. The conditional use conforms to regulations concerning drainage in BIMC
15.20 and 15.21; and
b. The conditional use will not cause an undue burden on the drainage basin
or water quality and will not unreasonably interfere with the use and
enjoyment of properties downstream; and
c. The streets and pedestrian ways as proposed align with and are otherwise
coordinated with streets serving adjacent properties; and
d. The streets and pedestrian ways as proposed are adequate to
accommodate anticipated traffic; and
e. If the conditional use will rely on public water or sewer services, there is
capacity in the water or sewer system (as applicable) to serve the
conditional use, and the applicable service(s) can be made available at the
site; and
f. The conditional use conforms to the “City of Bainbridge Island Engineering
Design and Development Standards Manual,” unless the city engineer has
approved a variation to the road standards in that document based on his
or her determination that the variation meets the purposes of Title 18.
(Ord. 2003-02 § 10, 2003: Ord. 98-20 § 13, 1998; Ord. 96-06B § 2, 1996)
9. If a minor conditional use is processed as a housing design demonstration
project pursuant to BIMC 2.16.020.Q, the above criteria will be considered in
conjunction with the purpose, goals, policies, and decision criteria of BIMC
2.16.020.Q.
10. 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.
E. AGRICULTURAL CONDITIONAL USE DECISION CRITERIA
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1. As agriculture is a preferred use, conditional uses that are listed in agricultural
uses in Table 18.09.020 (except for agricultural research facilities) may be
approved if:
a. The conditional use will not be materially detrimental to uses or property in
the immediate vicinity of the subject property; and
b. The conditional use is in accord with the comprehensive plan and other
applicable adopted community plans, including the nonmotorized
transportation plan; and
c. The conditional use will be served by adequate public facilities including
roads, water, fire protection, sewage disposal facilities and storm drainage
facilities; and
d. The conditional use complies with all other provisions of BIMC.
2. Animal agricultural conditional uses that are in compliance with an existing
conditional use permit may expand any structure or area used in the operation
of the conditional use on [____________ effective date of adoption] by up to 25
percent without applying for a new conditional use permit.
3. Crop agriculture conditional uses that are in compliance with an existing
conditional use permit may expand an unlimited amount without an additional
conditional use permit, given they comply with the standards in BIMC Titles 16
and 18.
F. EXEMPTION FROM HEIGHT LIMIT FOR STRUCTURES IN ANY ZONE DISTRICT
An exemption from the height limits for structures not including buildings in each
zone district can be approved through the minor conditional use process if the
director determines that: (a) view opportunities are not substantially reduced; (b) no
structure is located in any required setback except as otherwise authorized by Title
18; and (c) each setback requirement shall be increased one-half foot for every foot
above the maximum structure height.
G. CONVERSION TO MAJOR CONDITIONAL USE PERMIT
If a minor conditional use application has received written public comments during
the notice of application comment period concerning the effect of the land use
application on the comprehensive plan, shoreline master program or matters not
addressed by specific provisions of BIMC, the director may determine that the
application be processed as a major conditional use permit.
H. ADJUSTMENTS TO APPROVED MINOR CONDITIONAL USE PERMIT
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2.16.060 Minor Variance
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1. Minor adjustments to an approved minor conditional use permit may be made
after review and approval by the director. Minor adjustments are those that entail
small changes in dimensions or siting of structures or the location of public
amenities, but do not entail changes to the intensity or character of the use.
2. Major adjustments to an approved minor conditional use permit require an
amended application and shall be processed in the same manner as a new minor
conditional use permit application. Major adjustments are those that change the
basic design, intensity, density, and/or use. (Ord. 94-03 § 2, 1994)
2.16.060 MINOR VARIANCE
A. PURPOSE
Variances are the mechanism by which the city may grant relief from the provisions
of the zoning ordinance or the City of Bainbridge Island Engineering and
Development Standards where practical difficulty renders compliance with certain
provisions of the code an unnecessary hardship, where the hardship is a result of the
physical characteristics of the subject property and where the purpose of the
comprehensive plan is fulfilled. A variance is authorized only for lot coverage, size of
setbacks and/or technical engineering standards. Variances are not authorized for
changes in density requirements, building or structure height requirements, open
space requirements, or expanding a use otherwise prohibited. (Ord. 2004-02 § 1,
2004; Ord 95-13 § 24, 1995; Ord. 95-07 § 28, 1995; Ord. 94-03 § 1, 1994)
B. APPLICABILITY
1. The minor variance process may be used for minor deviations from zoning
standards in Title 18 as determined by the director. 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. All other variances shall be processed using the
procedures set forth in BIMC 2.16.120.
2. This process may also be used for minor variation(s) from the engineering
requirements of the adopted City of Bainbridge Island Engineering and
Development Standards if the requested variation will further the purposes of
BIMC and is approved by the department director, after recommendation by the
city engineer and/or the fire marshal.
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2.16.060 Minor Variance
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Minor Variance Process
Application Submittal
Preapplication Conference
Appeal to Hearing Examiner
= Notice and 14 day
public comment period
C
C
Project Review by Staff SEPA Review by Staff C
Staff Recommendation
Planning Commission Review and Recommendation
= Opportunity for public
participation or comment P
P
Director Decision
SEPA
Determination
= Indicates step is
“if applicable”
3. For projects participating in a housing design demonstration project pursuant to
BIMC 18.38, design guidelines may be varied if the applicant can demonstrate
that deviation from the guidelines will facilitate meeting goals of the housing
design demonstration program. (Ord. 96-08 § 10, 1996)
4. This procedure is not available to obtain
variances from subdivision standards in Title
17 or to obtain variances from Title 18 zoning
standards cross-referenced in Title 17 as part
of a short subdivision, long subdivision, or
large lot subdivision approval or amendment
process, except for those engineering
standards covered by subsection 2 above.
5. This procedure is not available to allow the
siting for an accessory dwelling unit where
it would not otherwise be permitted.
6. A variance shall not be granted solely because
of the presence of nonconformities in the
vicinity of the subject site.
7. The provisions of this section 2.16.060 shall
supplement those of sections 2.16.020 and
2.16.030. In the event of a conflict
between the provisions of sections
2.16.020 or 2.16.030 and 2.16.060, the
provisions of this section shall govern.
C. PROCEDURES
Minor variances shall be approved through the
general administrative review procedures described in
Section 2.16.030 except as described below.
Application materials for minor variances can be found in
the Administrative Manual.
D. DECISION CRITERIA
1. A minor variance may be approved or approved with conditions if:
a. The granting of the variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and
zone in which the property is located; and
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b. The variance is requested because of special circumstances related to the
size, shape, topography, trees, groundcover, location or surroundings of
the subject property, or factors necessary for the successful installation of
a solar energy system such as a particular orientation of a building for the
purposes of providing solar access; and
c. The need for a variance has not arisen from previous actions taken or
proposed by the applicant; and
d. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and zone, but that is denied to the property in question because of special
circumstances on the property in question, and will not constitute a grant
of special privilege inconsistent with the limitations upon uses of other
properties in the vicinity in which the property is located; and
e. The variance is consistent with all other provisions of this code, except
those provisions that are subject to the variance, and is in accord with the
comprehensive plan.
2. A variance may be approved with conditions. If no reasonable conditions can be
imposed that ensure the application meets the decision criteria in subsection 1,
then the application shall be denied. (Ord. 94-03 § 1, 1994)
E. CONVERSION TO MAJOR VARIANCE
If a minor variance application has received written public comments during the
notice of application comment period concerning the effect on the land use
application of the comprehensive plan, shoreline master program or matters not
addressed by specific provisions of BIMC, the director may determine that the
application be processed as a major variance.
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2.16.070 Short Subdivisions
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2.16.070 SHORT SUBDIVISIONS
A. PURPOSE
This section provides an administrative procedure for approving subdivision plats
generally including four lots or less.
B. APPLICABILITY
This procedure applies to all short subdivisions, as defined in BIMC 17.28, and that
definition shall prevail over the following summary. Short subdivisions generally
involve the division or redivision of land (a) into four lots or less when those plats
meet the criteria set forth in Title 17, or (b) into nine lots or less when those plats
meet the criteria set forth in Title 17 and the applicant complies with the open space
incentive provisions of BIMC 17.12.030.A.5.a.
C. PROCEDURE
1. Short subdivisions shall be approved through the general administrative review
procedures described in Section 2.16.030 except as described below.
Application materials for short subdivisions can be found in the Administrative
Manual.
2. Short subdivisions shall not be used, either by a person alone or by persons
acting together, at one time or over a period of time, as a means to circumvent
compliance with the more stringent subdivision requirements that control the
subdivision of land into five or more lots. When an application for a short
subdivision is filed within five years after the approval of a short subdivision on a
contiguous land parcel, a presumption of an attempt to circumvent short
subdivision requirements may be invoked by the director as a basis for further
investigation to assure compliance with the intent of this provision. (Ord. 96-06B
§ 2, 1996)
3. The provisions of this section 2.16.070 shall supplement those of sections
2.16.020 and 2.16.030 when the application is for a short subdivision. In the
event of a conflict between the provisions of sections 2.16.020 or 2.16.030 and
2.16.070, the provisions of this section shall govern.
D. VESTING
A proposed short subdivision shall be reviewed under all applicable city ordinances
and the State Environmental Policy Act in effect at the time of complete application,
unless a different result is required by provisions of RCW 58.17. A later request for
2.16 Land Use Review Procedures
2.16.070 Short Subdivisions
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Preapplication
Conference
Appeal to Hearing Examiner
= Notice and 14 day public comment period
C
Preliminary
Short Subdivisions
Application Submittal
Project Review by Staff SEPA Review by Staff C
Director
Decision
SEPA
Determination
= Indicates step is
“if applicable”
additional information shall not change the date on which the application is
considered vested. (Ord. 96-06B § 2, 1996)
E. PREAPPLICATION CONFERENCE
The applicant shall provide copies of one or more proposed or “first draft” composite
site plans prepared in accordance with flexible lot design methodology as described
in the Flexible Lot Design Handbook for the preapplication conference. (Ord. 2003-
49 § 13, 2004: Ord. 2003-02 § 5, 2003:
Ord. 97-10 § 6, 1997; Ord. 96-06B § 2,
1996)
F. OPTIONAL ADDITIONAL APPLICATION
MATERIALS
In addition to the submittal requirements
listed in the Administrative Manual, the
applicant may submit any additional studies,
analysis or other information regarding the
city‟s open space area requirement
contained in BIMC 17.12.030.A that the
applicant desires the city to consider in
connection with imposing the open space
requirement on the applicant‟s proposed
short subdivision. The studies, reports or
other information shall indicate the basis on
which they are made, and may include a
demonstration that the open space
designation required under BIMC
17.12.030.A is not reasonably necessary as
a direct result of the proposed short
subdivision, and that an alternative open
space designation is in an amount that is reasonably necessary as a direct result of
the proposed short subdivision. The city shall consider the applicant‟s open space
studies, analysis or other information as a part of processing and reviewing the short
subdivision application. (Ord. 2004-08 § 14, 2004: Ord. 96-06B § 2, 1996)
G. REVIEW OF PRELIMINARY SHORT SUBDIVISION APPLICATION
1. TIMELINE OF REVIEW
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The director has 90 calendar days from the filing of a complete application in
which to approve, disapprove or return the application to the applicant for
modification. This time period may be extended only with the approval of the
applicant. If no action can be taken to approve or disapprove the application
within the 90 calendar days, the director must notify the applicant and surveyor,
if applicable, of the reasons for the delay and steps necessary to complete the
application for preliminary short subdivision.
2. REVIEW BY THE KITSAP COUNTY HEALTH DISTRICT
a. Upon receipt of the application and determination of completeness, the
director shall transmit a copy of the application to the health district.
b. The health district shall review the application to ascertain whether (1) the
proposal conforms to current standards regarding domestic water supply
and sewage disposal; and (2) if the proposal is not to be served by public
sewers, if each lot has sufficient area and soil, topographic and drainage
characteristics to permit an on-site sewage disposal system.
c. The health district shall recommend approval, approval with conditions, or
disapproval of an application in a timely manner sufficient to allow the city
to comply with the review time requirements of BIMC 2.16.030. If at any
time during the application process it appears that the review time cannot
be met, it shall be the responsibility of the health district to advise the
director of the reasons for the delay.
d. If the health district recommends approval of the application with respect
to those items in subsection b, the health district shall so advise the
director.
e. If the health district recommends disapproval the application, it shall
provide a written explanation to the director. (Ord. 96-06B § 2, 1996)
3. REVIEW BY THE CITY ENGINEER
a. Upon receipt of the application and determination of completeness, the
director shall transmit a copy of the application to the city engineer.
b. The city engineer shall provide a written recommendation of approval,
approval with conditions, or disapproval of the preliminary short
subdivision application based on the decision criteria in subsection 5. (Ord.
2003-02 § 11, 2003: Ord. 96-06B § 2, 1996)
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4. REVIEW BY THE DIRECTOR
a. The director shall prepare written findings of fact and conclusions of law in
support of the decision made.
b. If the director disapproves the application he or she shall provide a written
explanation of the reasons for the disapproval to the applicant and
surveyor, if applicable.
5. DECISION CRITERIA
A proposed short subdivision shall not be approved unless written findings are
made that the public use and interest will be served by the platting of such short
subdivision. The director may approve or approve with conditions an application
for a preliminary short subdivision if he or she determines that:
a. The applicable development standards of BIMC 17.12.030 and 17.12.040,
and Title 18 are satisfied;
b. The preliminary residential short subdivision has been prepared consistent
with the requirements of the flexible lot design process and applicable
flexible lot design standards in Title 17;
c. Any portion of a short subdivision that contains a critical area or buffer, as
defined in BIMC 16.20, conforms to all requirements of that chapter;
d. Any portion of a short subdivision within the shoreline jurisdiction, as
defined in BIMC 16.12, conforms to all requirements of that chapter;
e. The preliminary short subdivision makes appropriate provisions for the
public health, safety and general welfare, and public use and interest,
including those items listed in RCW 58.17.110;
f. The proposal complies with all applicable provisions of this code, Chapters
36.70A and 58.17 RCW, and all other applicable provisions of state and
federal laws and regulations;
g. The proposal is in accord with the city‟s comprehensive plan;
h. The city engineer has determined that the preliminary subdivision meets
the following decision criteria:
i. The short subdivision conforms to regulations concerning drainage in
BIMC 15.20 and 15.21; and
ii. The short subdivision will not cause an undue burden on the drainage
basin or water quality and will not unreasonably interfere with the use
and enjoyment of properties downstream; and
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iii. The streets and pedestrian ways as proposed align with and are otherwise
coordinated with streets serving adjacent properties; and
iv. The streets and pedestrian ways as proposed are adequate to
accommodate anticipated traffic; and
v. If the short subdivision will rely on public water or sewer services, there is
capacity in the water or sewer system (as applicable) to serve the short
subdivision, and the applicable service(s) can be made available at the
site; and
vi. The short subdivision conforms to the “City of Bainbridge Island
Engineering Design and Development Standards Manual,” unless the city
engineer has approved a variation to the road standards in that document
based on his or her determination that the variation meets the purposes
of Title 17. (Ord. 2003-02 § 10, 2003: Ord. 98-20 § 13, 1998; Ord. 96-
06B § 2, 1996)
H. CIVIL PLAN REVIEW
1. The applicant shall submit civil engineering plans and designs to the city for
review by city staff and acceptance by the
city engineer before submitting an
application for final short subdivision
approval.
2. No construction on or to the site may
take place until civil engineering plans
have been received and approved by the
city.
3. After the preliminary short subdivision
and civil engineering plans have been
approved the subdivider is authorized to
develop the subdivision‟s facilities and
improvements in strict accordance with
standards established by this Title 2,
related standards in Titles 17 and 18, and any conditions imposed. (Ord. 96-
06B § 2, 1996)
I. REVIEW OF FINAL SHORT SUBDIVISION APPLICATION
1. TIMELINE FOR REVIEW
= Indicates step is
“if applicable”
Submit Civil Plan
Review by Staff
Civil Plan Review
Approval by City
Engineer
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A final short subdivision shall be approved,
disapproved or returned to the applicant within 30
working days from the date of a complete
application, unless the applicant provides written
consent to an extension of such time period. (Ord.
96-06B § 2, 1996)
2. SUBMITTAL OF FINAL PLAT
a. A final plat shall be submitted containing all
of the submittal requirements listed in the
Administrative Manual.
b. Improvements shall be constructed and/or
construction assurance documents pursuant
to subsection 2.16.070.N must be filed for
any unfulfilled conditions.
c. Documentation that all conditions of
approval from the preliminary plat have been
met shall be provided.
3. DUTIES OF SURVEYOR
All final short subdivisions shall be prepared by a
land surveyor registered pursuant to Chapter
18.43 RCW, shall be surveyed in accordance with
current state regulations, and shall contain the
certificate shown in the Administrative Manual.
The lot corners, perimeter, and right-of-way monuments (if applicable) shall be
marked in a manner approved by the city surveyor. The material used to mark
the corners, perimeter, and right-of way monuments (if applicable) shall be
described upon the face of the short subdivision drawing. (Ord. 96-06B § 2,
1996)
4. REVIEW, RECOMMENDATION, AND APPROVAL
a. The final plat must be consistent with the preliminary plat approval and all
conditions of approval.
b. The city engineer shall review the final short subdivision to determine
compliance with the requirements of RCW 58.17.160, the “City of Bainbridge
Island Engineering Design and Development Standards Manual” (except as
varied by the city engineer during the preliminary short plat review process),
Satisfy Preliminary Plat
Conditions and/or Provide Construction Assurances
= Opportunity for public
participation or comment P
Final
Short Subdivisions
Final Plat Submittal
Review by Staff
Appeal to Court
Acceptance of Dedication
by City Council
Decision by Director
Record Plat
= Indicates step is
“if applicable”
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and any conditions imposed on the approved preliminary subdivision plat,
and forward written recommendations for approval or disapproval to the
director.
c. The health district when appropriate shall review the final short subdivision
and forward recommendations for approval or disapproval to the
department.
d. After receiving the city engineer‟s recommendations pursuant to subsection
b, and the health district‟s recommendations pursuant to subsection c as
applicable, the director shall approve or disapprove an application for final
short subdivision.
e. The short subdivision plat shall be approved if the director determines that:
i. The final short subdivision meets all standards established by state law,
this Title 2, and related standards in Titles 15 through 18.
ii. The final short subdivision is in conformance with all terms and
conditions of the preliminary short subdivision.
iii. The final short subdivision bears the certificates and statements of
approval required by BIMC.
f. If the application conforms to the criteria in subsection e above, the director
shall signify his or her approval by signing the approval line on the face of
the short subdivision. If the director disapproves the application, a written
explanation shall be provided to the applicant. (Ord. 96-06B § 2, 1996)
g. If an applicant voluntarily sets aside more than 25 percent of the site as
designated open space, that fact will be noted on the plat.
5. AMENDMENT OF DISAPPROVED APPLICATION
When an application is disapproved, an applicant shall have 180 working days
following the decision in which to file an amended application to remedy the
matters that led to the disapproval. Upon receipt of such an amended
application, the application shall be reviewed as set forth in this section
2.16.070.I. If an applicant files no such amended application within the period
allowed, the application shall be considered denied. (Ord. 96-06B § 2, 1996)
6. CERTIFICATION BY TREASURER
Upon request of the city or the applicant for a short subdivision, the county
treasurer, if no property taxes are owing upon the real property, shall so certify
by subscribing the certification line upon the face of the short subdivision. (Ord.
96-06B § 2, 1996)
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J. MODIFICATION OF PRELIMINARY OR FINAL SHORT SUBDIVISION BEFORE FILING
1. An alteration to an approved preliminary short subdivision that does not change
the general plat layout, increase off-site impacts of the subdivision, or modify a
provision or condition that was a matter of dispute by any party during the
preliminary approval process may be made by the director after notice and
opportunity to comment is provided to the applicant and all parties of record.
The director shall review and approve or disapprove the request for modification
following the process set forth in BIMC 2.16.030.
2. Other modifications to an approved short subdivision must be reviewed in
accordance with the process for a new short subdivision application, including
payment of fees, and shall be approved consistent with the procedures and
requirements of BIMC 2.16.070.
3. The following exemptions shall not constitute changes in the short subdivision
approval and do not require further review as provided for under subsections 1
or 2:
a. Engineering detail, unless the proposed detail modifies or eliminates features
specifically required as an element of the preliminary short subdivision
approval. For purposes of this section, engineering detail shall mean minor
changes to proposed road or lot grading or drainage design that does not
significantly affect the location of those facilities, and minor changes to
locates of utility pipes, swales, or wires that do not significantly affect their
visibility from adjacent roads or properties; and similar minor changes;
b. Minor changes in lot lines or lot dimensions; or
c. Minor alterations regarding homesite location and/or open space usage.
(Ord. 96-06B § 1, 1996)
K. REQUIREMENTS FOR FILING PLAT
1. No short subdivision shall be presented to or accepted for filing with county
auditor unless the face of the short subdivision contains the approval of the
director, and the certification of the treasurer that no tax, penalties, or
delinquent assessments are owing on the subject property. (Ord. 96-06B § 2 and
3, 1996)
2. The applicant shall record the short subdivision with the county auditor within
90 days of approval, and shall provide a copy of the recorded subdivision to the
department.
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L. FURTHER SUBDIVISION
Land in a short subdivision may not be further divided through a short subdivision
within a period of five years after the recording of the final short subdivision without
the approval of a long subdivision pursuant to BIMC 2.16.160. Nothing in this
section shall prevent the owner from filing an amendment within the five-year
period to create up to a total of four lots within the original short subdivision
boundaries.
M. DISCLAIMER AS TO STREETS
Streets within a short subdivision shall not be maintained by the city unless such
streets have been improved to current city standards and have been accepted as part
of the approved short subdivision. Unless accepted, the responsibility for
maintenance shall lie with the owners of the lots. In such case, the face of each short
subdivision shall contain the following disclaimer: “Responsibility and expense for
maintenance of streets serving lots within this short subdivision (unless such roads
have been accepted by the city) shall rest with the lot owners.” (Ord. 96-06B § 2,
1996)
N. ASSURANCE OF IMPROVEMENTS
1. In lieu of completion of improvements with conditions of a preliminary short plat
approval, the city engineer may accept an assurance device in an amount and in
a form determined by the city council, but not to exceed 125 percent of the
established costs of completing the infrastructure that secures and provides for
the actual construction and installation of the improvements or the performance
of the conditions within one year, or such additional time as the city engineer
determines is appropriate after final plat approval.
2. The city engineer shall require an assurance device securing the successful
performance of improvements for two years after the city‟s acceptance of the
improvements. The city may require that the applicant provide assurances of
improvement for all lots in an approved short subdivision before the city will
approve final occupancy for more than eighty percent of the lots shown on the
subdivision. (Ord. 96-06B § 2, 1996)
O. AMENDMENT TO APPROVED SHORT SUBDIVISION
A short subdivision that has been approved and recorded may be amended upon
application of the owners of all lots, access, easements, open space, or other rights
that are proposed to be amended. The contents and procedure for an amended
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application shall be that for an application in the first instance, except that minor
alterations regarding homesite location and/or open space usage shall be approved
administratively consistent with the procedures and requirement of BIMC 2.16.030.
(Ord. 96-06B § 2, 1996)
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2.16.080 LARGE LOT SUBDIVISIONS
A. PURPOSE
This section provides an administrative procedure
for approving subdivisions in which all of the
created lots are generally larger than five acres.
B. APPLICABILITY
1. This procedure applies to all large lot
subdivisions, as that term is defined in BIMC
17.28, and that definition shall prevail over
the following summary. Large lot
subdivisions generally include divisions or re-
divisions of land so that each created lot
contains at least five acres of land (or 1/128th
of a section of land, whichever is less).
Because of their size, these lots are not
required to follow the flex-lot design process
described in Title 17.
2. The provisions of this section 2.16.080 shall
supplement those of sections 2.16.020 and 2.16.030 when the application is for
a large lot subdivision. In the event of a conflict between the provisions of
sections 2.16.020 or 2.16.030 and 2.16.080, the provisions of this section shall
govern.
C. PROCEDURE
Large lot subdivisions shall be approved through the general administrative review
procedures described in Section 2.16.030 except as described below.
D. VESTING
A proposed large lot subdivision shall be reviewed under all applicable city
ordinances and the State Environmental Policy Act in effect at the time of a complete
application, unless a different result is required by provisions of RCW 58.17. A later
request for additional information shall not change the date on which the application
is considered vested. (Ord. 96-06B § 2, 1996)
Application Submittal
Preapplication Conference
Appeal to Hearing
Examiner
= Notice and 14 day
public comment period
C
Preliminary
Large Lot Subdivisions
Project Review
by Staff
SEPA Review
by Staff C
Director Decision SEPA Determination
= Indicates step is
“if applicable”
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E. REVIEW OF PRELIMINARY LARGE LOT SUBDIVISION APPLICATION
1. TIMELINE OF REVIEW
The director has 90 calendar days from the filing of a complete application for
which to approve, disapprove, or return the application to the applicant for
modification. This time period may be extended only with the approval of the
applicant. If no action can be taken to approve or disapprove the application
within the 90 calendar days, the director must notify the applicant and surveyor,
if applicable, of the reasons for the delay and steps necessary to complete the
application for preliminary review.
2. REVIEW BY THE KITSAP COUNTY HEALTH DISTRICT
Following the submission of a complete application for a preliminary large lot
subdivision, the application shall be reviewed by the Kitsap County Health
District as described in BIMC 2.16.070.G.2.
3. REVIEW BY THE CITY ENGINEER
a. Upon receipt of the application and determination of completeness, the
director shall transmit a copy of the application to the city engineer.
b. The city engineer shall provide a written recommendation of approval,
approval with conditions, or disapproval of the preliminary large lot
subdivision application based on the decision criteria in subsection 5.
c. In making an analysis of whether the application conforms to the “City of
Bainbridge Island Design and Construction Standards and Specifications”,
the city engineer shall assume that each lot within the proposed large lot
subdivision will be divided at some time in the future and the city engineer
may take such contingency into account in recommending approval,
approval with conditions, or disapproving an application.
4. REVIEW BY THE DIRECTOR
Each application for a large lot subdivision shall be reviewed by the director as
described in BIMC 2.16.070.G.4. When the director approves the application,
approves the application with conditions, or disapproves the application, a
written statement of findings and conclusions shall be prepared that supports
the director‟s decision.
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5. DECISION CRITERIA
The director may approve or approve with modification an application for a
preliminary large lot subdivision if he or she determines that:
a. The application conforms to all applicable provisions of BIMC including
without limitation (1) the zoning ordinance; (2) the comprehensive plan; (3)
the shoreline management regulations; (4) the critical areas ordinance; and
(5) the applicable standards and requirements of this Title 2.
b. The city engineer has determined that the preliminary subdivision meets
the following decision criteria:
i. The large lot subdivision conforms to regulations concerning drainage in
BIMC 15.20 and 15.21; and
ii. The large lot subdivision will not cause an undue burden on the drainage
basin or water quality and will not unreasonably interfere with the use
and enjoyment of properties downstream; and
iii. The streets and pedestrian ways as proposed align with and are otherwise
coordinated with streets serving adjacent properties; and
iv. The streets and pedestrian ways as proposed are adequate to
accommodate anticipated traffic; and
v. If the large lot subdivision will rely on public water or sewer services,
there is capacity to in the water or sewer system (as applicable) to serve
the large lot subdivision, and the applicable service(s) can be made
available at the site; and
The large lot subdivision conforms to the “City of Bainbridge Island
Engineering Design and Development Standards Manual,” unless the city
engineer has approved a variation to the road standards in that document
based on his or her determination that the variation meets the purposes
of Title 17. (Ord. 2003-02 § 10, 2003: Ord. 98-20 § 13, 1998; Ord. 96-
06B § 2, 1996)
c. The Kitsap County Health District has recommended approval of the
application, or approval with conditions.
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Submit Civil Plan
Review by Staff
Approval by City
Engineer
Civil Plan Review
F. CIVIL PLAN REVIEW
1. The applicant shall submit civil engineering
plans and designs to the city for review by
city staff and acceptance by the city engineer
before submitting an application for final
large lot subdivision approval.
2. No construction on or to the site may take
place until civil engineering plans have been
received and approved by the city.
3. After the preliminary large lot subdivision and civil engineering plans have been
approved the subdivider is authorized to develop the subdivision‟s facilities and
improvements in strict accordance with the standards established by this Title 2,
related standards in Titles 17 and 18, and any conditions imposed.
G. REVIEW OF FINAL LARGE LOT SUBDIVISION
APPLICATION
1. TIMELINE FOR REVIEW
Final large lot subdivisions shall be approved,
approved with conditions, disapproved or
returned to the applicant by the director within
30 working days from the date of filing of a
complete application, unless the applicant
consents to an extension of such time period.
(Ord. 96-06B § 3, 1996)
2. SUBMITTAL OF FINAL PLAT
The submittal requirements shall be the same as
those for short subdivisions as described in
BIMC 2.16.070.I.2.
3. DUTIES OF SURVEYOR
The duties of the surveyor shall be the same as
those for a short subdivision as described in
BIMC 2.16.070.I.3.
Satisfy Preliminary Plat Conditions and/or Provide
Construction Assurances
= Opportunity for public participation or comment P
Final
Large Lot Subdivisions
Final Plat Submittal
Review by Staff
Appeal to Court
Acceptance of Dedication
by City Council
Decision by Director
Record Plat
= Indicates step is
“if applicable”
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4. REVIEW, RECOMMENDATION, AND APPROVAL
a. The city engineer shall review the final large lot subdivision to determine
the compliance with the requirements of RCW 58.17.160, the “City of
Bainbridge Island Engineering Design and Development Standards Manual”
(except as varied by the city engineer during the preliminary large lot
review process), and any conditions imposed on the approved preliminary
subdivision plat, and forward written recommendations for approval,
approval with conditions, or disapproval to the director.
b. After receiving the city engineer‟s recommendation pursuant to subsection
a, the director shall approve, approve with conditions, or disapprove the
final large lot subdivision.
c. The large lot subdivision shall be approved if the director determines that:
i. The final large lot plat meets all standards established by state law, this
Title 2 and related standards in Titles 15 through 18; and
ii. The proposed final large lot plat bears the certificates and statements of
approval required by the Administrative Manual; and
iii. The facilities and improvements required to be provided by the
subdivider have been completed or assurances in accordance with
2.16.070.N have been provided.
d. If the application conforms to the criteria in subsection c, the director shall
signify his or her approval by signing the approval line on the face of the
large lot subdivision. If the director disapproves the application, he or she
shall provide a written explanation to the applicant.
5. AMENDMENT OF DISAPPROVED APPLICATION
When an application is disapproved, an applicant shall have the same rights to
submit an amended application that apply to short subdivisions as described in
section 2.16.070.I.5, except that any amended application filed within the 180
day timeframe shall be reviewed as set forth in this section 2.16.080.G. (Ord.
96-06B § 3, 1996)
H. IMPROVEMENTS
1. All large lot subdivisions shall have the following improvements developed
and/or installed prior to recording the final plat:
a. Streets shall be cleared and grubbed; and
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b. Streets shall be rocked or graveled to provide adequate year-round
passage; and
c. Appropriate drainage, including erosion control, facilities consistent with
BIMC 15.20 and 15.21 shall be provided on a plan approved by the city
engineer prior to clearing and construction of any plat improvements. (Ord.
96-06B § 3, 1996)
2. All street rights-of-way within the large lot subdivision shall be dedicated to the
City of Bainbridge Island unless the only access between the large lot subdivision
and a developed, publicly owned road is a private road and there is no easement
providing public access on that private road. That dedication shall not reduce the
number of parcels allowable in a large lot subdivision if such parcels are based
on a section subdivision and/or comprise l/128th of a section or more.
3. On any approved large lot no further lot divisions shall be approved until the
required improvements are installed and approved by the city.
I. ASSURANCE OF IMPROVEMENTS
Large lot subdivisions shall be subject to the same requirements for assurance of
required improvements that apply to short subdivisions as described in 2.16.070.N.
(Ord. 96-06B § 3, 1996)
J. MODIFICATION OF PRELIMINARY OR FINAL LARGE LOT SUBDIVISIONS BEFORE FILING
1. An alteration to an approved preliminary large lot subdivision that does not
change the general plat layout, increase off-site impacts of the subdivision, or
modify a provision or condition that was a matter of dispute by any party during
the preliminary approval process may be made by the director after notice and
opportunity to comment is provided to the applicant and all parties of record.
The director shall review and approve or disapprove the request for modification
following the process set forth in BIMC 2.16.030.
2. Other modifications to an approved large lot subdivision must be reviewed in
accordance with the process for a new large lot subdivision application, including
payment of fees, and shall be approved consistent with the procedures and
requirements of this chapter.
3. The following exemptions shall not constitute changes in the preliminary large
lot subdivision approval and do not require further review as provided for under
subsections 1 or 2:
a. Engineering detail, unless the proposed detail modifies or eliminates
features specifically required as an element of the preliminary large lot
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subdivision approval. For purposes of this section, engineering detail shall
mean minor changes to proposed road or lot grading or drainage design
that does not significantly affect the location of those facilities, and minor
changes to locates of utility pipes, swales, or wires that do not significantly
affect their visibility from adjacent roads or properties; and similar minor
changes;
b. Minor changes in lot lines or lot dimensions; or
c. Minor alterations regarding homesite location and/or open space usage.
(Ord. 96-06B § 1, 1996)
K. DISCLAIMER AS TO STREETS
Streets within a large lot subdivision shall not be constructed or maintained by the
city unless such streets have been improved to current standards and have been
accepted into the city street system. Unless so improved and accepted, the
responsibility for maintenance shall lie with the owners of the lots. In such cases the
face of each large lot subdivision plat shall contain the following disclaimer:
“Responsibility and expense for maintenance of roads leading to or serving lots
within this Large Lot Subdivision (unless such roads have been accepted into city‟s
road system) shall rest with the lot owners.” (Ord. 96-06B § 3, 1996)
L. FURTHER DIVISION
No lot in an approved Large Lot Subdivision may be divided further within five years
of recording the approved final Large Lot Subdivision plat without following the
subdivision requirements in effect at the time of such application. (Ord. 96-06B § 3,
1996) Short or long subdivision procedures may apply, depending on the number of
additional lots proposed to be created.
M. REQUIREMENTS FOR FILING PLAT
In addition to the requirements of subsections J and K, approved large lot
subdivisions shall be subject to the same requirements for filing plats that apply to
short subdivisions as described in section 2.16.070.K. (Ord. 96-06B § 3, 1996)
N. AMENDMENT TO APPROVED LARGE LOT SUBDIVISION
Proposals for amendment of a large lot subdivision shall follow the provisions of
RCW 58.17.215. Alterations of a subdivision are also subject to the provisions of
RCW 64.04.175.
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2.16.090 BOUNDARY LINE ADJUSTMENT
A. PURPOSE
The purpose of this section 2.16.090 is to provide a method for administrative
approval of boundary line adjustments that satisfy public concerns of health, safety
and welfare, where contiguous lots are proposed to be consolidated into a single lot,
or where altering boundary lines is otherwise
requested. (Ord. 94-09 § 1, 1994)
B. APPLICABILITY
1. Boundary line adjustments may be requested
to alter boundaries between platted or
unplatted lots or both that do not create any
additional lot, tract, parcel, or division of
land.
2. The provisions of this section 2.16.090 shall
supplement those of sections 2.16.020 and
2.16.030 when the application is for a
boundary line adjustment. In the event of a
conflict between the provisions of sections
2.16.020 or 2.16.030 and 2.16.090, the
provisions of this section shall govern.
C. PROCEDURE
1. A pre-application conference is not required.
2. The applicant shall file application materials
as described in the administrative manual.
3. If the director determines that the application and information submitted with
the application comply with the requirements of this code and all other laws, the
department shall request that the applicant provide a final boundary line
adjustment survey.
4. Except in the case of aggregation of lots, where a final survey is not required, the
final boundary line adjustment survey shall be prepared by a licensed surveyor
and shall meet the requirements set forth in the Administrative Manual.
Application Submittal
Final Survey by Surveyor
Staff Review and
Recommendation
Final Approval by Director
Preliminary Approval
by Director
Boundary Line Adjustment
Appeal to Hearing Examiner
= Indicates step is
“if applicable”
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D. DECISION CRITERIA
1. An application for a boundary line adjustment may be approved or approved with
conditions if no additional lot is created and no lot is created that contains
insufficient area and dimensions to meet the minimum requirements for area,
width and depth for a building site in the zone in which the property is located.
If these criteria are not satisfied, then the criteria in subsection D.2 must be met
or the boundary line adjustment may not be approved.
2. If the criteria in subsection D.1 are not met, the application for boundary line
adjustments may be approved or approved with conditions if:
a. After the adjustment, each lot involved retains its status prior to the
adjustment as a developed or undeveloped lot and as a conforming or
nonconforming lot; or
b. After the adjustment, a nonconforming lot that is permitted to be
developed under BIMC 18.30.050 may become a conforming lot. (Ord.
2001-41 § 9, 2001: Ord. 94-09 § 1, 1994)
3. The director shall not approve an application for a boundary line adjustment if
the director determines that the adjustment is being used, either individually or
in combination with other adjustments, to achieve a result that would otherwise
require a short or long subdivision approval.
4. A boundary line adjustment may be approved even if it results in a lot that
contains a pre-existing accessory structure without a related primary structure.
E. REQUIREMENTS FOR FILING BOUNDARY LINE ADJUSTMENT
Approved boundary line adjustments shall be subject to the same requirements for
filing that apply to short subdivisions as described in section 2.16.070.K.
F. STATE PROCEDURE FOR DISPUTED OR MISSING BOUNDARY LINES
Whenever a point or line determining the boundary between two or more parcels of
real property cannot be identified from the existing public record, monuments, and
landmarks, or is in dispute, the landowners affected by the determination of the
point or line may resolve any dispute and fix the boundary point or line by one of
the procedures identified in RCW 58.04.007.
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2.16.100 QUASI-JUDICIAL REVIEW BY HEARING EXAMINER – IN GENERAL
A. PURPOSE
The purpose of this section is to describe those general procedures that apply
whenever state law or BIMC require a public hearing before a hearing examiner and a
recommendation or decision by the hearing examiner.
B. APPLICABILITY
This section applies each time a provision of this code authorizes a recommendation
or a final decision by the hearing examiner. The specific types of applications
subject to review by the hearing examiner are listed in the Table in section 2.16.010.
The provisions of this section are supplemented by more detailed provisions in BIMC
2.16.110, BIMC 2.16.120, BIMC 16.12.380, and/or BIMC 16.20.080.
C. PROCEDURES
1. SEPA ENVIRONMENTAL REVIEW
For a land use application subject to Chapter 43.21C RCW and BIMC 16.04, the
SEPA threshold determination shall be issued and any required public comment
period shall be completed prior to a public hearing.
2. PLANNING COMMISSION REVIEW AND RECOMMENDATION
When written public comments are received during the public comment period
concerning the effect of the land use application on the comprehensive plan, the
shoreline master program, or matters not addressed by specific provisions of
this code, the director or the hearing examiner may request planning
commission review and recommendation pursuant to the procedures in BIMC
2.14.020.G prior to the final decision.
3. SINGLE REPORT
a. The director shall prepare a single consolidated report setting forth all the
recommendations and decisions made on the application as of the date of
the report.
b. The report shall state any mitigation required or proposed under the
development regulations or as required by SEPA, Chapter 43.21C RCW, and
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shall include the SEPA determination if a determination has not previously
been issued.
c. If a shoreline master program permit is required for the project pursuant to
BIMC 16.12, the report shall address the requirements of that section.
d. The director‟s report shall be presented to the hearing examiner at the
public hearing.
4. PUBLIC HEARING
The hearing examiner shall hold a public hearing prior to issuing a decision. The
purpose of the public hearing is to review a proposed project for consistency
with BIMC, appropriate elements of the comprehensive plan and all other
applicable law, and to provide an opportunity for the public to comment on the
project and its compliance with the municipal code, the comprehensive plan and
all other applicable law. The hearing examiner shall maintain a record of the
exhibits presented and a recording of the testimony and arguments presented,
which shall be kept by the city clerk. Any rules of procedure for hearings
adopted by the hearing examiner shall be kept on file with the office of the city
clerk. A hearing may be continued to a date certain without additional notice.
5. PARTICIPATION IN THE PUBLIC HEARING
Any person may participate in the public hearing. The hearing examiner has
discretion to limit testimony to relevant, non-repetitive comments and to set
time limits.
6. HEARING EXAMINER ACTION
a. The hearing examiner may approve, approve with conditions, deny or
remand an application.
b. In making a decision, the hearing examiner shall consider the applicable
decision criteria of this code, all other applicable laws, recommendations of
the planning commission and design review board, testimony presented at
the hearing, and any necessary documents and approvals. In the case of
decisions involving properties subject to the shoreline jurisdiction of BIMC
16.12 the hearing examiner shall also consider consistency with the
requirements of the shoreline master program.
c. The hearing examiner shall issue a written decision in accordance with BIMC
2.16.020.K.7, within 20 working days of the public hearing, unless a longer
period is agreed upon by the hearing examiner and the applicant or
appellant. If the hearing examiner and the applicant or appellant agree on a
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longer period for issuance of the written decision, the examiner shall provide
notice of the extension to the applicant or appellant, the city, and any person
who testified at the hearing or submitted written testimony for consideration
at the hearing.
d. The hearing examiner shall file the decision with the city clerk‟s office.
7. MOTION FOR RECONSIDERATION
A motion for reconsideration may be filed to correct substantive errors. Such
motion shall be filed in writing 10 days from the date the hearing examiner‟s
decision was filed. The motion shall be decided on the record unless, at the
hearing examiner‟s discretion, further public hearing is necessary. If a timely and
appropriate request for reconsideration is filed, the appeal period shall begin
from the date the decision on the reconsideration is issued.
8. CORRECTIONS OR CLARIFICATION
The hearing examiner at any time may amend the decision to correct clerical
errors clearly identifiable from the public record. Such correction does not affect
any time limit provided for in this chapter. The hearing examiner may clarify a
statement in the written decision as long as the clarification does not materially
alter the decision.
9. EFFECT OF DECISION
a. On matters that do not involve shoreline conditional uses or shoreline
variances, the decision of the hearing examiner is the final decision of the
city, subject to the appeal provisions in BIMC 2.16.020.P.
Pursuant to RCW 90.58.140(10) and WAC 173-27-130, final decisions involving
shoreline conditional use permits and shoreline variances are made by the
Washington state department of ecology. For these types of applications, the
hearing examiner‟s decision is a recommendation subject to approval, approval
with conditions, or denial by that department. (Ord. 2004-12 § 3, 2004; Ord.
2003-52 § 3, 2003; Ord. 2003-25 § 2, 2003; Ord. 2003-07 § 4, 2003: Ord.
2001-26 § 3, 2001; Ord. 96-03 § 15, 1996; Ord. 93-02 § 1, 1993. Formerly
2.16.050)
10. REVOCATION OF QUASI-JUDICIAL APPROVALS
An approval or permit granted by the hearing examiner may be revoked by the
hearing examiner following the procedures in this section 2.16.100 upon the
finding of any one or more of the following:
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a. That the approval was obtained by deception, fraud or other intentional or
misleading representation; or
b. That the use for which approval was granted has been changed; or
c. In the case of major conditional use permits, that the use has at any time
been discontinued for a year or more; or
d. That the permit granted is being exercised contrary to the terms or
conditions of such approval or in violation of BIMC; or
e. 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)
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2.16.110 MAJOR CONDITIONAL USE PERMIT
A. PURPOSE
A major 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. 2003-03 § 1, 2003:
Ord. 94-03 § 2, 1994)
B. APPLICABILITY
1. As determined by the Director, a
major conditional use permit shall be
secured from the city prior to
establishing or expanding a use
according to situations that include,
but are not limited to: (1) the
proposed use or expansion covers 50
percent or greater of the total lot
area; (2) the proposed use is accessed
by a local or private road; (3) the
proposed use or expansion generates
more than 36 total trips per day; (4)
the proposed use or expansion
contains 4 or more units in a
multifamily dwelling; or (5) requests
for additional nonresidential building
height pursuant to Tables 18.12.020-
1, -2, or -3.
2. Any activity that is exempt from the
request for a minor conditional use
permit pursuant to BIMC 2.16.050.B.2
is also exempt from the request for a
Appeal to Court
Major Conditional Use Permit
Application Submittal
Preapplication
Conference with Staff
Preapplication
Conference with DRB
DRB Review and
Recommendation
Project Review
by Staff
SEPA Review
by Staff C
Planning Commission Review
and Recommendation P
Staff Recommendation
Hearing Examiner Decision P
SEPA
Appeal
Director
Recommendation
= Indicates step is
“if applicable”
= Notice and 14 day
public comment period
= Opportunity for public
participation or comment P
C
Decision by
SEPA Official
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major conditional use permit.
3. The provisions of this section 2.16.110 supplement those of sections 2.16.020
and 2.16.100 when the application is for a conditional use permit. In the event
of a conflict between the provisions of sections 2.16.020 or 2.16.100 and
2.16.110, the provisions of this section shall govern.
4. Temporary uses and events may be exempt from some or all of the major
conditional use permit requirements if the director determines that their impacts
on the immediately surrounding area will be minimal. (Ord. 2005-11 § 6, 2005;
Ord. 2003-03 §§ 2, 3, 2003; Ord. 98-35 § 5, 1999; Ord. 94-03 § 2, 1994)
C. PROCEDURES
1. Major conditional uses shall be approved through the general procedures
applicable to quasi-judicial decisions by the hearing examiner BIMC 2.16.100
except as described below.
2. An applicant for a Major Conditional Use Permit is required to participate in a
community meeting through the City‟s Public Participation Program outlined in
Resolution No. 2010-32. The meeting will be held after the Design Review Board
meeting, if one is required, during the preapplication conference phase of the
project.
D. DECISION CRITERIA
1. A conditional use may be approved or approved with conditions if:
a. The conditional use is harmonious and compatible in design, character and
appearance with the intended character and quality of development in the
vicinity of the subject property and with the physical characteristics of the
subject property provided, that in the case of a housing design
demonstration project any differences in design, character or appearance
that are in furtherance of the purpose and decision criteria of BIMC
2.16.020.Q shall not result in denial of a conditional use permit for the
project; and
b. The conditional use will be served by adequate public facilities including
roads, water, fire protection, sewage disposal facilities and storm drainage
facilities; and
c. The conditional use will not be materially detrimental to uses or property in
the vicinity of the subject property; and
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d. The conditional use is in accord with the comprehensive plan and other
applicable adopted community plans, including the nonmotorized
transportation plan; and
e. The conditional use complies with all other provisions of BIMC, unless a
provision has been modified as a housing design demonstration project
pursuant to BIMC 2.16.020.Q, and; and
f. All necessary measures have been taken to eliminate or reduce to the
greatest extent possible the impacts that the proposed use may have on
the immediate vicinity of the subject property; and
g. Noise levels shall be in compliance with BIMC 16.16.020 and 16.16.040.A.
h. The vehicular, pedestrian, and bicycle circulation meets all applicable city
standards, unless the city engineer has modified the requirements of BIMC
18.15.030.B.4 and B.5, allows alternate driveway and parking area surfaces,
and confirmed that those surfaces meet city requirements for handling
surface water and pollutants in accordance with BIMC 15.20 and 15.21; and
i. The city engineer has determined that the conditional use meets the
following decision criteria:
i. The conditional use conforms to regulations concerning drainage in BIMC
15.20 and 15.21; and
ii. The conditional use will not cause an undue burden on the drainage
basin or water quality and will not unreasonably interfere with the use
and enjoyment of properties downstream; and
iii. The streets and pedestrian ways as proposed align with and are otherwise
coordinated with streets serving adjacent properties; and
iv. The streets and pedestrian ways as proposed are adequate to
accommodate anticipated traffic; and
v. If the conditional use will rely on public water or sewer services, there is
capacity to in the water or sewer system (as applicable) to serve the
conditional use, and the applicable service(s) can be made available at the
site; and
vi. The conditional use conforms to the “City of Bainbridge Island
Engineering Design and Development Standards Manual,” unless the city
engineer has approved a variation to the road standards in that document
based on his or her determination that the variation meets the purposes
of Title 17. (Ord. 2003-02 § 10, 2003: Ord. 98-20 § 13, 1998; Ord. 96-
06B § 2, 1996)
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j. If a major conditional use is processed as a housing design demonstration
project pursuant to BIMC 2.16.020.Q, the above criteria will be considered
in conjunction with the purpose, goals, policies, and decision criteria of
BIMC 2.16.020.Q.
2. If no reasonable conditions can be imposed that ensure the application meets
the decision criteria of this chapter, then the application shall be denied.
E. ADDITIONAL DECISION CRITERIA FOR INSTITUTIONS IN RESIDENTIAL ZONES
Applications to locate any of those uses categorized as educational facilities,
governmental facilities, religious facilities, health care facilities, cultural facilities, or
clubs in BIMC Table 18.09.020 in residential zones shall be processed as major
conditional use permits and shall be required to meet the following criteria, in
addition to those in BIMC 2.16.110.D:
1. All sites must front on roads classified as residential suburban, collector, or
arterial on the Bainbridge Island Functional Road Classification Map.
2. If the traffic study shows an impact on the level of service, those impacts have
been mitigated as required by the city engineer.
3. If the application is located outside of Winslow Study Area, the project shall
provide vegetated perimeter buffers in compliance with BIMC 18.15.010.
4. The proposal meets the requirements of the Commercial/Mixed Use Design
Guidelines in BIMC 18.18.030.I.
5. The scale of proposed construction including bulk and height and architectural
design features are compatible with the immediately surrounding area.
6. If the facility will have attendees and employees numbering fewer than 50 or an
assembly seating area of less than 50, the director may waive any or all the
above requirements in this section E, but may not waive those required
elsewhere in BIMC.
7. Lot coverage does not exceed 50 percent of the allowable lot coverage in the
zone in which the institution is located, except that public schools, as defined in
Title 18, shall be allowed 100 percent of the lot coverage established in the
underlying zoning district in which it is located unless conditions are required to
limit the lot coverage to mitigate impacts of the use.
F. APPROVAL OF ADDITIONAL HEIGHT IN NON-RESIDENTIAL DISTRICTS
1. In the NSC zone district a maximum height of 45 feet for nonresidential uses can
be approved through the major conditional use permit process if the director
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determines that: (a) view opportunities are not substantially reduced; (b) fire flow
is adequate; and (c) solar access of neighboring lots is not substantially reduced.
2. In the B/I zone district a maximum height of 45 feet can be approved through
the major conditional use process if the director determines that: (a) view
opportunities are not substantially reduced; (b) fire flow is adequate; (c) solar
access of neighboring lots is not reduced; and (d) the appearance of the
neighborhood will not substantially change.
3. In the WDI zone district a maximum height of 45 feet can be approved through
the major conditional use process if the director determines that (a) view
opportunities are not substantially reduced; (b) fire flow is adequate; (c) solar
access of neighboring lots is not reduced; and (d) each setback requirement shall
be increased one foot for each additional foot of building height allowed. In
portions of the WDI district located within the shoreline jurisdiction regulated by
BIMC 16.12, a shoreline variance may be needed before additional height can be
approved.
G. EFFECT OF APPROVAL
1. Once a conditional use permit is approved, no building, use or development shall
occur contrary to that specified in the conditional use permit.
2. The owner shall record a declaration with the Kitsap County auditor showing the
land to be bound by a conditional use permit. No building permit shall be issued
for structures other than those specified in the conditional use approval.
a. The declaration shall reference the official files of the city through which
the permit was granted; and
b. The declaration shall be a covenant running with the land; and
c. No building permit shall be issued unless such declaration is
recorded.(Ord. 94-03 § 2, 1994)
H. AMENDMENTS TO APPROVED MAJOR CONDITIONAL USE PERMIT
1. Minor adjustments to an approved major conditional use permit may be made
after review and approval by the director. Minor adjustments are those that entail
small changes in dimensions or siting of structures or the location of public
amenities, but do not entail changes to the intensity or character of the use.
2. Major adjustments to an approved major 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 that change the
basic design, intensity, density, and/or use. (Ord. 94-03 § 2, 1994)
2.16 Land Use Review Procedures
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2.16.120 Major Variances
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2.16.120 MAJOR VARIANCES
A. PURPOSE
Variances are the mechanism by which the
city may grant relief from the provisions of
the zoning ordinance where practical difficulty
renders compliance with certain provisions of
the code an unnecessary hardship, where the
hardship is a result of the physical
characteristics of the subject property and
where the purpose of the comprehensive plan
is fulfilled. (Ord. 2004-02 § 1, 2004; Ord. 95-
13 § 24, 1995; Ord. 95-07 § 28, 1995; Ord.
94-03 § 1, 1994)
B. APPLICABILITY
1. The major variance process may be used
for deviations from zoning standards in
Title 18 that the director determines
exceed the threshold for minor variances
under BIMC 2.16.060. A variance is
authorized only for lot coverage, size of
structure or size of setbacks. Variances
are not authorized for changes in density
requirements, building or structure height
requirements, open space requirements,
expanding a use otherwise prohibited.
2. This procedure is not available to obtain
variances from subdivision standards in
Title 17 or to obtain variances from Title
18 zoning standards cross-referenced in
Title 17 as part of a short subdivision,
long subdivision, or large lot subdivision
approval or amendment process.
3. This procedure is not available to allow the siting for an accessory dwelling unit
where it would not otherwise be permitted.
4. A variance shall not be granted solely because of the presence of
nonconformities in the vicinity of the subject site.
Application Submittal
Preapplication Conference
Appeal to Court
= Opportunity for public participation
or comment
P
Major Variance
Planning Commission Review
and Recommendation P
= Required Open
Hearing
Decision by SEPA Official
= Notice and 14 day
public comment period C
Project Review by Staff SEPA Review by Staff C
Staff Recommendation
Hearing Examiner Decision P
SEPA
Appeal
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5. Variances from the city‟s noise regulations in BIMC 16.16 are available through
the noise variance process in BIMC 16.16 and are not available through the major
variance process in this section 2.16.120.
6. The provisions of this section 2.16.120 supplement those of BIMC 2.16.020 and
2.16.100 when the application is for a major variance. In the event of a conflict
between the provisions of BIMC 2.16.020 or 2.16.100 and 2.16.120, the
provisions of this section shall govern.
C. PROCEDURES
Major variances shall be approved through the general hearing examiner review
procedures described in BIMC 2.16.100 except as described below.
D. REFERRAL TO THE PLANNING COMMISSION
Major variance applications shall be processed as set forth in BIMC 2.16.100 except
that prior to a final decision the director or the hearing examiner may refer a project
to the planning commission for review and recommendation. (Ord. 96-20 § 8, 1996;
Ord. 94-03 § 1, 1994)
E. DECISION CRITERIA
1. A major variance may be approved or approved with conditions if:
a. The variance is consistent with all other provisions of this code, except
those provisions that are subject to the variance, and is in accord with the
comprehensive plan;
b. The need for a variance has not arisen from previous actions taken or
proposed by the applicant;
c. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and zone, but that is denied to the property in question because of special
circumstances on the property in question, and will not constitute a grant
of special privilege inconsistent with the limitations upon uses of other
properties in the vicinity in which the property is located;
d. The granting of the variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and
zone in which the property is located; and
e. The variance is requested because of special circumstances related to the
size, shape, topography, trees, groundcover, location or surroundings of
the subject property, or factors necessary for the successful installation of
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a solar energy system such as a particular orientation of a building for the
purposes of providing solar access.
2. If no reasonable conditions can be imposed that ensure the application meets
the decision criteria of BIMC, then the application shall be denied. (Ord. 94-03 §
1, 1994)
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2.16.130 QUASI-JUDICIAL REVIEW BY CITY COUNCIL – IN GENERAL
A. PURPOSE
The purpose of this section is to describe those general procedures that apply
whenever state law or BIMC require a quasi-judicial decision by city council on a land
use matter.
B. APPLICABILITY
This section applies each time a provision of BIMC authorizes a final decision by the
city council for a land use application including without limitation site-specific
rezoning or a long subdivision.
C. PROCEDURES
A land use application requiring a city council decision shall be reviewed as follows:
1. ENVIRONMENTAL REVIEW
For a land use application subject to Chapter 43.21C RCW and BIMC 16.04, the
SEPA threshold determination shall be issued and comment period shall be
completed prior to a public hearing.
2. HEARING EXAMINER RECOMMENDATION
A land use application requiring a city council decision also provides opportunity
for the hearing examiner to make a recommendation to the city council prior to
the final decision. The hearing examiner will consider the land use application at
a public hearing following the procedures of BIMC 2.16.100.C and applicable
provisions of BIMC 2.16.020.
3. SINGLE REPORT
The hearing examiner shall prepare a single consolidated report setting forth all
the recommendations and decisions made on the application as of the date of
the report. The report shall state any mitigation required or proposed under the
development regulations or as required by SEPA, Chapter 43.21C RCW, and shall
include the SEPA. The report and the documents on which a decision was made
shall be presented to the city council.
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D. CITY COUNCIL PUBLIC MEETING
The city council shall hold a public meeting to consider the land use application
prior to issuing a decision. Notice of city council consideration of recommendations
from the hearing examiner shall be posted in the official posting places of the city.
E. ELEMENTS TO BE CONSIDERED
The city council shall consider the following in deciding upon an application:
1. The contents of the application; and
2. The minutes of any public hearing on the application and any written material
submitted as part of the public hearing process; and
3. The recommendation of the applicable department director; and
4. The recommendation of the hearing examiner; and
5. Any testimony presented at the public hearing; and
6. The decision criteria listed in each section of this code under which the
application was made.
F. CITY COUNCIL ACTION
The city council shall take one of the following actions:
1. Adopt an ordinance or resolution, including findings of fact and conclusions of
law, approving the proposal; or
2. Adopt an ordinance or resolution, including findings of fact and conclusions of
law, approving the proposal with conditions; or
3. Adopt an ordinance or resolution, including findings of fact and conclusions of
law, denying the proposal; or
4. Refer the proposal back to the hearing examiner for further proceedings.
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2.16.140 Site-Specific Rezones
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2.16.140 SITE-SPECIFIC REZONES
A. 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 development agreement. A
property rezone may reflect changed circumstances
or new land use needs and shall be consistent with
the city‟s current comprehensive plan. (Ord. 96-20 §
13, 1996; Ord. 92-08 § 2, 1992)
B. APPLICABILITY
This procedure shall apply whenever one or more
private property owners or the city apply for an
amendment of the official zoning map to redesignate
one or more parcels of property from one zone
district designation to another.
C. PROCEDURE
1. Site-specific rezones shall be approved through
the general quasi-judicial city council review
procedures described in BIMC 2.16.130 except as
described below.
2. The provisions of this section 2.16.140
supplement those of BIMC 2.16.020 and 2.16.130
when the application is for a site-specific rezone.
In the event of a conflict between the provisions of
BIMC 2.16.020 or 2.16.130 and 2.16.140, the
provisions of this section shall govern.
Application Submittal
Preapplication
Conference
Appeal to Court
City Council Decision
SEPA Official’s
Determination
Site Specific Rezoning
Project Review
by Staff
SEPA Review
by Staff C
Hearing Examiner
Recommendation P
SEPA Appeal
P
= Required Open
Hearing
= Notice and 14 day
public comment period C
= Opportunity for
public participation
or comment
P
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D. WHO MAY APPLY
1. Any 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 properties, or their authorized agent(s), may apply for a
site-specific rezone. (Ord. 96-20 § 14, 1996; Ord. 92-08 § 2, 1992) In the case
of a site-specific rezone initiated by a property-owner(s), the applicant shall pay
the fee for a rezone application set forth in the Administrative Manual.
2. The city may apply for a rezone of one or more properties as necessary to
improve consistency between the official zoning map and the comprehensive
plan. In order to maintain consistency between the zoning map and a successful
city-initiated comprehensive plan amendment, the owner(s) of the property or
properties involved in the rezone shall not be required to pay the rezoning fee.
E. APPLICATION
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, a comprehensive plan amendment shall be filed concurrently with the rezone.
The applicant shall pay the fees for any rezone application and any comprehensive
plan amendment required to maintain consistency with the rezone. 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. (Ord. 2003-44 § 4, 2004; Ord. 96-20 § 15, 1996; Ord. 92-08 § 2,
1992)
F. PUBLIC HEARING BEFORE HEARING EXAMINER
Within 30 days after receipt of a complete 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 BIMC 2.16.130. (Ord. 96-20 § 16, 1996; Ord. 92-08 § 2,
1992)
G. COUNCIL ACTION
1. 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
BIMC 2.16.130, shall, in a public meeting, make a decision on the rezone or
remand the application to the hearing examiner. (Ord. 96-20 § 17, 1996; Ord.
92-08 § 2, 1992)
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2. If the council approves a site-specific rezone, the council shall adopt an
ordinance that makes the appropriate changes on the official zoning map as
required in BIMC 18.03.
3. The council may reverse an earlier approval of a site-specific rezone by
approving a subsequent rezone of the property back to its former zone district
as provided in this section 2.16.140 and related provisions in 2.16.020. (Ord.
92-08 § 2, 1992) However, if the applicant has defaulted or failed to perform his
or her duties under a development agreement as described in subsection I, only
subsections D through F shall apply.
H. DECISION CRITERIA
The following criteria shall be considered in any review for a site-specific rezone in
order to establish a recommendation to approve, disapprove or approve with
conditions:
1. The site-specific rezone will not be materially detrimental to the public welfare
or injurious to the property or improvements in the immediate vicinity and zone
in which the property is located; and
2. The site-specific rezone is warranted because of changed circumstances and the
proposed designation is appropriate for reasonable development of the subject
property; or, because of a need for additional property in the proposed zone and
the proposed designation is appropriate for reasonable development of the
subject property; and
3. The subject property is suitable for development in general conformance with
zoning standards under the proposed zoning designation; and
4. The property will be served by adequate public facilities including roads, water,
fire protection, sewage disposal facilities and storm drainage facilities for the
intensity to which it is being rezoned; and
5. The site-specific rezone is in accord with the comprehensive plan; and
6. The site-specific rezone complies with all other applicable criteria and standards
of the city; and
7. The site-specific rezone would not devalue surrounding or nearby property; and
8. The site-specific rezone will not result in an adverse environmental
consequence. (Ord. 92-08 § 2, 1992)
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I. DEVELOPMENT AGREEMENTS
1. Any applicant for a rezone of any property shall be subject to the signing of a
development agreement as a condition to the council‟s granting the rezone when
the council finds that such an agreement is necessary to protect the public
health, safety or general community welfare. Whenever such an agreement is
signed, it shall be recorded with the Kitsap County auditor and officially entered
as a covenant upon the land. Any purchaser of such property is subject to the
development agreement. The applicant may be required to pay the cost of the
preparation of the development agreement. (Ord. 92-08 § 2, 1992)
2. When the justification for a site-specific rezone includes an intended use or
development of the property, a development agreement shall be used to require
the applicant to proceed with specific development consistent with the rezone
within a time period agreed upon by the city and the developer. In that case,
upon the expiration of the agreed-upon time limit after the rezone approval, if
construction is not underway, the director shall institute proceedings to rezone
the property to its prior classification; provided, however, that if the landowner,
within that agreed-upon time period, demonstrates to the satisfaction of the
director that he or she has in good faith attempted to begin construction as
contemplated by the rezone, the director may defer instituting the proceedings
for up to one year. If the latest rezone classification is found to be the most
appropriate for the property, the director may elect not to institute the rezone
proceedings. The time period prescribed in this section shall not commence until
the completion of any court challenges to the rezone.
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2.16.160 LONG SUBDIVISIONS
A. PURPOSE
This section provides a procedure for city
council approval of long subdivision
applications in compliance with the
provisions of RCW Title 58, Chapter 17,
and other applicable provisions of
Washington state law.
B. APPLICABILITY
This procedure applies to all applications
for long subdivisions, as that term is
defined in BIMC 17.28, and that definition
shall prevail over the following summary.
Long subdivisions generally involve the
division or redivision of land into more
than four lots, where some of the lots are
smaller than five acres in size.
C. PROCEDURE
1. Long subdivisions shall be approved
through the quasi-judicial city council
approval procedures described in
Section 2.16.130 except as described
below.
2. The provisions of this section 2.16.160
shall supplement those of sections 2.16.020 and 2.16.030 when the application
is for a long subdivision. In the event of a conflict between the provisions of
sections 2.16.020 or 2.16.030 and 2.16.160, the provisions of this section shall
govern.
Application Submittal
Preapplication Conference
Appeal to Court
= Opportunity for public
participation or comment
Decision by Council
Project and SEPA Review
by Staff
SEPA Official’s SEPA
Determination
Decision by
City Council
P
P
Preliminary Long Subdivision
Hearing Examiner
Recommendation
SEPA Official’s
Determination
C
= Notice and 14 day
public comment period C
Project Review by Staff SEPA Review by Staff C
SEPA
Appeal
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D. VESTING
A proposed long subdivision shall be reviewed under all applicable city ordinances
and the State Environmental Policy Act in effect at the time of complete application,
unless a different result is required by provisions of RCW 58.17. A later request for
additional information shall not change the date on which the application is
considered vested. (Ord. 96-06B § 2, 1996)
E. PREAPPLICATION CONFERENCE
The applicant shall provide copies of one or more proposed or “first draft” composite
site plans prepared in accordance with flexible lot design methodology as described
in the Flexible Lot Design Handbook for the preapplication conference. (Ord. 2003-
49 § 13, 2004: Ord. 2003-02 § 5, 2003: Ord. 97-10 § 6, 1997; Ord. 96-06B § 2,
1996) Applicants are required to participate in a community meeting through the
City‟s Public Participation Program outlined in Resolution No. 2010-32. The meeting
will be held during the preapplication conference phase of the project.
F. OPTIONAL ADDITIONAL APPLICATION MATERIALS
In addition to the submittal requirements listed in the Administrative Manual, the
applicant may submit any additional studies, analysis or other information regarding
the city‟s open space area requirement contained in BIMC 17.12.030.A that the
applicant desires the city to consider in connection with imposing the open space
requirement on the applicant‟s proposed long subdivision. The studies, reports or
other information shall indicate the basis on which they are made, and may include a
demonstration that the open space designation required under BIMC 17.12.030.A is
not reasonably necessary as a direct result of the proposed long subdivision, and
that an alternative open space designation is in an amount that is reasonably
necessary as a direct result of the proposed long subdivision. The city shall consider
the applicant‟s open space studies, analysis or other information as a part of
processing and reviewing the long subdivision application. (Ord. 2004-08 § 14,
2004: Ord. 96-06B § 2, 1996)
G. REVIEW OF PRELIMINARY LONG SUBDIVISION APPLICATION
1. TIMELINE FOR REVIEW
The city has 90 calendar days from the filing of a complete application in which
to approve, disapprove, or return the application to the applicant for
modification. This time period may be extended only with the approval of the
applicant. If no action can be taken to approve or disapprove the application
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within the 90 calendar days, the director must notify the applicant and surveyor,
if applicable, of the reasons for the delay and steps necessary to complete the
application for preliminary long subdivision.
2. REVIEW BY THE KITSAP COUNTY HEALTH DISTRICT
a. Upon receipt of the application and determination of completeness, the
director shall transmit a copy of the application to the health district.
b. The health district shall review the application to ascertain whether (1) the
proposal conforms to current standards regarding domestic water supply
and sewage disposal; and (2) if the proposal is not to be served by public
sewers, if each lot has sufficient area and soil, topographic and drainage
characteristics to permit an on-site sewage disposal system.
c. The health district shall recommend approval, approval with conditions, or
disapproval of an application based on those criteria in subsection b in a
timely manner sufficient to allow the city to comply with the review time
requirements of BIMC 2.16.160.G.1. If at any time during the application
process it appears that the review time cannot be met, it shall be the
responsibility of the health district to advise the director of the reasons for
the delay. (Ord. 96-06B § 2, 1996)
3. REVIEW BY THE CITY ENGINEER
a. Upon receipt of the application and determination of completeness, the
director shall transmit a copy of the application to the city engineer.
b. The city engineer shall provide written recommendation of approval,
approval with conditions, or disapproval of the preliminary long subdivision
application based on the decision criteria in subsection H. (Ord. 2003-02
§ 11, 2003: Ord. 96-06B § 2, 1996)
4. REVIEW BY THE DIRECTOR
The director shall review the application materials and information provided by
the health district and city engineer and shall prepare a report recommending
approval, approval with conditions, or disapproval of the application.
5. PUBLIC HEARING WITH HEARING EXAMINER
The hearing examiner will consider the application materials and the director‟s
recommendation regarding the proposed long subdivision application at a public
hearing following the procedures of BIMC 2.16.100.C and applicable provisions
of BIMC 2.16.020.
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6. REVIEW BY CITY COUNCIL
a. The city council shall, at its first regular meeting following receipt of the
hearing examiner‟s recommendation, set a date for a public meeting to
consider the recommendation. This procedure shall be followed instead of
the procedure set out in BIMC 2.16.130.D.
b. The city council shall review the preliminary subdivision application
consistent with city council action set forth in BIMC 2.16.130.D, E, and F.
c. The city council shall not take additional testimony, exhibits, or other
evidence into the record, but may view the property and surrounding area
to better understand the evidence and argument.
d. The decision of the city council to approve, modify, or disapprove any
subdivision shall be in writing and shall include findings of fact and
conclusions consistent with BIMC 2.16.160.H to support the decision.
H. DECISION CRITERIA FOR PRELIMINARY LONG SUBDIVISIONS
The hearing examiner‟s recommendation and the city council decision shall include
findings of fact that the application meets all the requirements of the following
subsections:
1. The long subdivision may be approved or approved with modification if:
a. The applicable subdivision development standards of BIMC Titles 17 and
18 are satisfied; and
b. The preliminary long subdivision makes appropriate provisions for the
public health, safety and general and public use and interest, including
those items listed in RCW 58.17.110; and
c. The preliminary long subdivision has been prepared consistent with the
requirements of the flexible lot design process, unless a flexible lot
standard has been modified as part of a housing design demonstration
project pursuant to BIMC 2.16.020.Q; and
d. Any portion of a long subdivision that contains a critical area, as defined in
BIMC 16.20 conforms to all requirements of that chapter; and
e. Any portion of a long subdivision within shoreline jurisdiction, as defined
in BIMC 16.12 conforms to all requirements of that chapter; and
f. The city engineer has determined that the preliminary subdivision meets
the following decision criteria:
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i. The long subdivision conforms to regulations concerning drainage in
BIMC 15.20 and 15.21; and
ii. The long subdivision will not cause an undue burden on the drainage
basin or water quality and will not unreasonably interfere with the use
and enjoyment of properties downstream; and
iii. The streets and pedestrian ways as proposed align with and are otherwise
coordinated with streets serving adjacent properties; and
iv. The streets and pedestrian ways as proposed are adequate to
accommodate anticipated traffic; and
v. If the long subdivision will rely on public water or sewer services, there is
capacity in the water or sewer system (as applicable) to serve the long
subdivision, and the applicable service(s) can be made available at the
site; and
vi. The long subdivision conforms to the “City of Bainbridge Island
Engineering Design and Development Standards Manual,” unless the city
engineer has approved a variation to the road standards in that document
based on his or her determination that the variation meets the purposes
of Title 17.
(Ord. 2003-02 § 10, 2003: Ord. 98-20 § 13, 1998; Ord. 96-06B § 2,
1996)
g. The subdivision conforms to the requirements of this chapter and the
standards in the “City of Bainbridge Island Design and Construction
Standards and Specifications,” unless the city engineer has approved a
variation to the road standards in that document based on his or her
determination that the variation meets the purposes of Title 17; and
h. The proposal complies with all applicable provisions of this code, unless
the provisions have been modified as part of a housing design
demonstration project pursuant to 2.16.020.Q; Chapters 58.17 and 36.70A
RCW, and all other applicable provisions of state and federal laws and
regulations; and
i. The proposal is in accord with the city‟s comprehensive plan.
2. A proposed subdivision shall not be approved unless written findings are made
that the public use and interest will be served by the platting of such subdivision.
(Ord. 2003-49 § 11, 2004: Ord. 98-20 § 13, 1998; Ord. 96-06B § 1, 1996)
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I. CIVIL PLAN REVIEW
1. The applicant shall submit civil engineering
plans and designs to the city for review by
city staff and acceptance by the city
engineers before submitting an application
for final long subdivision approval.
2. No construction on or to the site may take
place until civil engineering plans have been
received and approved by the city.
3. After the preliminary long subdivision and
civil engineering plans have been approved
the subdivider is authorized to develop the
subdivision‟s facilities and improvements in
strict accordance with the standards
established by this Title 2, related standards in Titles 17 and 18, and any
conditions imposed. (Ord. 96-06B § 2, 1996).
J. PHASED DEVELOPMENT OF LONG SUBDIVISION
1. Portions of an approved preliminary long subdivision may be processed
separately for recording in phases; provided, that (a) the phases were identified
in the preliminary long subdivision; and (b) recording of phases is consistent
with the conditions of preliminary approval and will meet all the requirements for
final approval if subsequent phases are not recorded.
2. Prior to the approval of a phase of a final subdivision, the city engineer or the
director may require assurance devices submitted for construction of
improvements in subsequent phases if such improvements are necessary for the
phases being approved to meet requirements of the subdivision and other
applicable ordinances. (Ord. 96-06B § 1, 1996)
K. TIMELINE FOR REVIEW OF FINAL PLAT
A final long subdivision shall be approved, disapproved or returned to the applicant
within 30 working days from the date of a complete application, unless the applicant
provides written consent to an extension of such time period. (Ord. 96-06B § 2,
1996)
= Indicates step is
“if applicable”
Submit Civil Plan
Review by Staff
Civil Plan Review
Approval by City
Engineer
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L. SUBMITTAL OF FINAL PLAT
A final plat shall be submitted containing all of the
submittal requirements listed in the Administrative
Manual.
M. REVIEW OF FINAL LONG SUBDIVISION
1. The city engineer shall review the final subdivision to
determine compliance with the requirements of RCW
58.17.160 and forward recommendations for
approval or disapproval to the department.
2. The health district, when appropriate, shall review
the final subdivision and forward recommendations
for approval or disapproval to the department.
3. The director shall forward its recommendation for
approval or disapproval to the city council, evaluating
compliance with any conditions imposed on the
preliminary subdivision and other applicable
ordinances. (Ord. 96-06B § 1, 1996)
4. In accordance with RCW 58.17.140, final subdivisions
shall be approved, disapproved or returned to the
applicant within 30 days from the date of filing of a
complete application, unless the applicant consents
to an extension of the time period. The director and
the city engineer shall have authority to return the
application for correction or modification with a
request for additional information before city council review, and city council
shall have authority to return the application for correction or modification with a
request for additional information during its review.
N. CITY COUNCIL REVIEW AND APPROVAL OF FINAL LONG SUBDIVISION
1. The city council shall approve the final long subdivision if it determines:
a. That the conditions imposed through the preliminary subdivision have been
met; and
b. Bonds or other assurance devices, if any, by their essential terms assure
completion of all plat improvements; and
Satisfy Preliminary Plat
Conditions and/or Provide Construction Assurances
= Opportunity for public
participation or comment P
Final
Long Subdivisions
Final Plat Submittal
Review by Staff
Appeal to Court
Acceptance of Dedication
by City Council
Decision by Director
Record Plat
= Indicates step is
“if applicable”
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c. The requirements of state law, BIMC, the comprehensive plan, and any other
applicable ordinances in effect at the time of preliminary plat approval have
been satisfied by the subdivider.
2. The city council can approve the final subdivision with minor modifications
recommended by the department and the applicant.
3. If the city council approves the final subdivision, the council chair shall sign the
face of the final plat to indicate the council‟s approval; provided, that upon
approval of the final plat the city council may direct and authorize the mayor or
another council member to sign the face of the final plat to indicate the council‟s
approval.
4. If an applicant voluntarily sets aside more than 25 percent of the site as
designated open space, that fact will be noted on the plat.
5. The original mylar of the final subdivision shall be recorded with the county
auditor, and one copy with the auditor‟s recording number shall be filed with the
city.
O. MODIFICATION OF PRELIMINARY OR FINAL LONG SUBDIVISION BEFORE FILING
1. An alteration of an approved preliminary long subdivision that does not change
the general plat layout, increase off-site impacts of the subdivision, or modify a
provision or condition that was a matter of dispute by any party during the
preliminary approval process may be made by the director after notice and
opportunity to comment is provided to the applicant and all parties of record.
The director shall review and approve or disapprove the request for modification
following the process set forth in BIMC 2.16.030.
2. Other modifications to an approved long subdivision must be reviewed in
accordance with the process for a new subdivision application and shall be
approved consistent with the procedures and requirements of this chapter.
3. The following exemptions shall not constitute changes in the preliminary long
subdivision approval and do not require further review as provided for under
subsections 1 or 2:
a. Engineering detail, unless the proposed detail modifies or eliminates
features specifically required as an element of the preliminary long
subdivision approval. For purposes of this section, engineering detail shall
mean minor changes to proposed road or lot grading or drainage design
that does not significantly affect the location of those facilities, and minor
changes to locates of utility pipes, swales, or wires that do not significantly
affect their visibility from adjacent roads or properties; and similar minor
changes.
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b. Minor changes in lot lines or lot dimensions; or
c. Minor alterations regarding homesite location and/or open space usage.
(Ord. 96-06B § 1, 1996)
P. REQUIREMENT FOR FILING PLAT
Approved long subdivisions shall be subject to the same requirements for filing plats
that apply to short subdivisions as described in 2.16.070.K.
Q. AMENDMENT OF DISAPPROVED APPLICATION
When an application for approval of a final long subdivision is disapproved, an
applicant shall have 180 working days following the decision in which to file an
amended application to remedy the matters that led to the disapproval. Upon receipt
of such an amended application, the application shall be reviewed as set forth in this
section 2.16.160. If an applicant files no such amended application within the period
allowed, the application shall be considered denied. (Ord. 96-06B § 2, 1996)
R. ASSURANCE OF IMPROVEMENTS
Approved final long subdivisions shall be subject to the same provisions regarding
assurance of improvements that are applicable to short subdivisions as described in
section 2.16.070.N. (Ord. 96-06B § 1, 1996)
S. AMENDMENT TO APPROVED LONG SUBDIVISION
1. Proposals for alteration of a subdivision shall follow the provisions of RCW
58.17.215. Alterations of a subdivision are also subject to the provisions of RCW
64.04.175, except as described in subsection 2. (Ord. 96-06B § 1, 1996)
2. The contents and procedures for minor alterations of open space and/or open
space usage in an approved final long subdivision shall be administratively
reviewed consistent with the procedures and requirements of BIMC 2.16.030.
(Ord. 96-06B § 1, 1996)
T. EXPIRATION OF FINAL LONG SUBDIVISION
Any lot in a final long subdivision plat filed for record shall be a valid land use for a
period of five years from the date of filing the final subdivision, notwithstanding any
change in zoning laws. Any lot in a final plat shall be governed by the terms of
approval of the final long subdivision at the time of vested application, unless a
change in conditions creates a serious threat to the public health or safety.
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2.16.170 CONSOLIDATED PROJECT REVIEW
A. PURPOSE
The purpose of this section is to offer a consolidated process for use at the
applicant‟s option when a proposed development or use of land will require more
than one of the approvals listed in BIMC 2.16.010. The intent is to provide a single
process in which a single decision maker will make all land use decisions on the
application.
B. APPLICABILITY
This section 2.16.170 is available to any applicant for a single project proposal
requiring more than one land use application who chooses to follow the
consolidated project review process. The procedures include consolidation of various
land use applications, public notification of an application and opportunity for public
comment prior to a final decision. Any combination of land use applications except
for building and other construction permits may be processed under the
consolidated project review process.
C. PROCEDURES
1. A consolidated project permit application shall follow the application and notice
procedure listed below that results in the most extensive review and decision
process.
2. For purposes of consolidated project review, the ranking of review and approval
procedures, in order from least to most extensive, is:
a. Administrative review
b. Planning Commission Review
c. Hearing Examiner Review
d. City Council Review
D. PLANNING COMMISSION AND/OR HEARING EXAMINER REVIEW
Any consolidated application containing a land use permit that requires planning
commission recommendation shall be considered by the planning commission at a
public meeting in accordance with BIMC 2.16.030.D.3. Any consolidated application
containing a land use permit that requires hearing examiner recommendation shall
be considered by the hearing examiner at a public hearing in accordance with BIMC
2.16.100.C.
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E. PUBLIC HEARING
If a public hearing is required for any of the related land use applications of a
consolidated project, the public hearing shall combine all the applicable permit
application requests. Related applications requiring a public hearing shall be
considered at only one public hearing. If the SEPA threshold determination is
appealed for a proposal under the consolidated project review process, the SEPA
appeal hearing shall be combined with the public hearing for the consolidated
project application. (Ord. 96-03 § 17, 1996)
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2.16.180 LEGISLATIVE REVIEW OF
REGULATIONS AND AREA-WIDE REZONES
A. PURPOSE
The purpose of this section is to
describe the procedures used when
city council makes legislative (not
quasi-judicial, site-specific) decisions
related to the BIMC.
B. APPLICABILITY
This section applies to adoption of or
amendments to the BIMC, including
area-wide rezones initiated by the city
and area-wide rezones accompanying
privately-initiated amendments to the
comprehensive plan. (Ord. 2006-13
§ 2, 2006: Ord. 96-03 § 21, 1996)
C. WHO CAN APPLY
Any person, entity, or the city may
propose an amendment to BIMC. The
city may propose a rezoning on an
area-wide basis, and private entities
may request the city to consider an
area-wide rezoning. If the proposed
area-wide rezone is not consistent
with the adopted comprehensive plan
the applicant shall also submit an
application for a comprehensive plan
amendment with the rezone application. However, any owner or authorized agent,
or group of owners of contiguous property acting jointly, must represent at least 75
percent of the assessed valuation of the subject properties.
D. PLANNING COMMISSION REVIEW AND RECOMMENDATION
1. Planning commission review and recommendation is only required for
amendments to BIMC Title 18, area-wide rezones initiated by the city, or area-
= Opportunity for
public participation
or comment
P
Appeal to GM Hearing
Board
= Required Open
Hearing
Legislative Review of Regulations
& Area-Wide Rezones
SEPA Official’s Determination
SEPA Appeal to Hearing
Examiner
Planning Commission
Public Hearing and
Recommendation
P
Decision by City Council P
Project Review
by Staff
Application Submittal
Project Review
by Staff
SEPA Review
by Staff
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wide rezones associated with a privately-initiated amendment to the
comprehensive plan.
2. The planning commission shall hold a public hearing for all amendments to the
official zoning map and zoning code of the city prior to issuing a
recommendation to the city council.
3. Any person may participate in the public hearing. The planning commission has
discretion to limit testimony to relevant, non-repetitive comments and to set
time limits.
4. Any person may submit written comments, photographs or other exhibits on the
proposed amendment to the planning commission prior to or at the public
hearing.
5. The planning commission shall maintain a record of the exhibits presented and a
tape recording of the testimony and arguments presented, which shall be kept
by the city clerk.
E. PLANNING COMMISSION ACTION AND WRITTEN RECOMMENDATION
1. In making a recommendation, the planning commission shall consider applicable
decision criteria of this code, all applicable law, the comprehensive plan, public
comment, and any necessary documents and approvals.
2. The planning commission shall issue a written recommendation that contains (a)
a statement recommending that the proposed amendment be approved,
approved with conditions or denied, and (b) a statement of facts upon which the
recommendation is based and the conclusions derived from those facts.
3. The planning commission‟s written recommendation and other documents upon
which its decision is based shall be immediately transmitted to the city council
and department director. (Ord. 2006-13 § 3, 2006: Ord. 2001-26 § 4, 2001:
Ord. 96-03 § 21, 1996)
F. CITY COUNCIL REVIEW
1. The city council shall hold a public hearing on the proposed amendment at the
second reading of the proposed regulation. Any person may participate in the
public hearing. The city council has discretion to limit testimony to relevant,
non-repetitive comments and to set time limits.
2. The agenda for second reading of the proposed development regulation shall
reflect the full title of the development regulation being reviewed.
3. Any person may submit written comments, photographs or other exhibits on the
proposed amendment to the city council prior to or at the public hearing.
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4. The city council shall maintain a record of the exhibits presented and a tape
recording of the testimony and arguments presented, which shall be kept by the
city clerk.
G. CITY COUNCIL ACTION
1. The city council shall either adopt an ordinance amending the BIMC, reject the
proposal, or remand the proposed amendment to the applicable department, the
city council committee, or the planning commission for further consideration.
(Ord. 2001-24 § 1, 2001)
2. The city council shall consider the following in deciding upon a proposed
regulation:
a. Testimony presented, or the minutes of any, city council public hearing on
the proposed amendment; and
b. Any written material submitted as part of the public hearing process; and
c. The recommendation of the planning commission and applicable
department director; and
d. Any applicable decision criteria; and
e. Any relevant RCW or WAC.
H. TRANSMITTAL TO STATE
The department shall notify the appropriate Washington State Department of
Commerce of its intent to adopt a development regulation at least 60 days prior to
final passage and shall also transmit a copy of all adopted amendments within 10
days after passage by the city council. (Ord. 2001-24 § 1, 2001)
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2.16.190 LEGISLATIVE COMPREHENSIVE PLAN
AMENDMENTS
A. PURPOSE
The purpose of this section 2.16.190 is to
establish the process and criteria for
changing the comprehensive plan and/or
land use map. Amendments may include
additions, deletions, corrections, updates,
modifications or revisions to maps, goals
and policies in the comprehensive plan. The
comprehensive plan amendment process
provides for simultaneous review of
proposals to allow for cumulative impact
analysis of all applications on a citywide
basis in conjunction with budget decisions,
and honors the community‟s long-term
investment in the comprehensive plan,
through public participation and
neighborhood planning processes. (Ord.
2006-13 § 4, 2006).
B. APPLICABILITY
Any owner or authorized agent, or group of
owners of contiguous properties acting
jointly and representing at least 75 percent
of the assessed valuation of the subject
properties, or their authorized agent, may
apply for an amendment to the
comprehensive plan. There are two types of
amendments, policy adjustments or map
changes. An amendment may include both
of these types of amendment requests. If a
private applicant is submitting an application for a comprehensive plan amendment
in anticipation of a proposed development, the applicant must also submit an
application for a rezoning and pay related application fees simultaneously with the
comprehensive plan amendment application.
= Required open
hearing
Application Submittal
Preapplication
Conference
Appeal to GM Hearing
Board
= Opportunity for public
participation or comment
Decision by City Council
Project Review
by Staff
P
P
Review of Comprehensive Plan
Amendments
Public Hearing with
Planning Commission P
SEPA Official’s
Determination
Appeal to Hearing Examiner
(with SEPA Appeal if
Applicable)
SEPA Review
by Staff
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C. POLICY AMENDMENTS
A policy amendment may be considered if the applicant can demonstrate that the
request is consistent with the adopted comprehensive plan, and that policy
amendments or map amendments are needed to further the vision, goals or policies
of the plan. An amendment may also be considered if the applicant can demonstrate
that community values, priorities, needs and trends have sufficiently changed to
justify a fundamental shift in the comprehensive plan. The burden of proof rests
entirely with the applicant to demonstrate or document the need to depart from the
current version of the comprehensive pan.
Proposed policy amendments that are intended to be consistent with the
comprehensive plan should be designed to provide correction or additional guidance
so the community‟s original visions and values can better be achieved. The need for
this type of amendment might be supported by findings related to monitoring and
evaluating the implementation of the comprehensive plan. Examples of such
findings could include:
1. Growth and development as envisioned in the plan is occurring faster, slower or
is failing to materialize; or
2. The capacity to provide adequate services is diminished or increased;
3. Land availability to meet demand is reduced; or
4. Population or employment growth is significantly different than the plan‟s
assumptions; or
5. Plan objectives are not being met as specified; or
6. The effect of the plan on land values and affordable housing is contrary to plan
goals; or
7. Transportation and/or other capital improvements are not being made as
expected; or
8. A question of consistency exists between the comprehensive plan and its
elements and Chapter 36.70A RCW, the Kitsap Countywide Planning Policies, or
development regulations; or
9. Assumptions upon which the plan is based are found to be invalid; or
10. Substantial change or lack of change in circumstances dictates the need for such
consideration or conditions have changed substantially citywide and/or in the
area within which the subject property lies.
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D. MAP AMENDMENTS
Changes to the land use map may only be approved if the proponent has
demonstrated that all of the following are true:
1. The designation is in conformance with the appropriate land use designation
purpose statement identified in the comprehensive plan; and
2. The map amendment or site is suitable for the proposed designation; and
3. The map amendment implements applicable comprehensive plan policies better
than the current map designation.
E. AMENDMENTS SUBMITTED BY THE CITY
Amendments submitted by the city will be processed every year or within the
context of a comprehensive plan update, or more frequently than once per year
under the circumstances authorized under RCW 36.70A.130(2)(a).
F. FREQUENCY OF AMENDMENTS
1. AMENDMENTS
Except in the event of an emergency as determined by the city council or in the
event of amendments related to updating the Capital Facilities Plan, plan
amendments will be considered together so that the cumulative effects of all
proposed amendments can be analyzed for consistency and the overall effect on
the comprehensive plan. Starting in 2010, and thereafter no more often than
every three calendar years, the planning commission may recommend and the
city council may adopt amendments to the land use map, or the text of the
comprehensive plan, upon finding that each proposal meets all of the applicable
conditions and requirements of this chapter.
2. EMERGENCY AMENDMENTS
The city council may determine, by resolution, that a proposed amendment be
processed as an emergency amendment to the comprehensive plan. (Ord. 2006-
13 § 4, 2006)
G. REVIEW PROCESS
The city shall process comprehensive plan amendment applications in accordance
with the following procedures:
1. PREAPPLICATION CONFERENCE
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Prior to submittal of a comprehensive plan amendment application, the applicant
or applicant‟s representative shall attend a preapplication conference in
accordance with the procedures of BIMC 2.16.020.G. Interested citizens may
attend the preapplication meeting.
2. APPLICATION
Proposed amendments shall be submitted between January 1 and the last day in
February, starting in 2013 and subsequently every third year.
3. SEPA REVIEW
The applicant is responsible for conducting any environmental analysis,
including the preparation of an environmental impact statement, if necessary.
Environmental review shall be completed prior to planning commission review.
4. WRITTEN ANALYSIS
For each proposed amendment, staff will prepare a written analysis for the
planning commission. The analysis will be accompanied by a recommendation
that the proposed amendment be approved, denied, or approved with
modification. Proposals may be grouped and evaluated by geographic sector
and/or subject matter to be assessed for cumulative impact.
5. PLANNING COMMISSION REVIEW
Subsequent to completion of the analysis and SEPA review prepared by staff, the
planning commission shall conduct one or more public hearings as defined in
BIMC 2.14.020.G. The planning commission shall also solicit comments
regarding the proposed amendment from the public or from government
agencies in any other manner it determines necessary and appropriate to the
nature of the proposed amendment and consistent with RCW 36.70A.140. 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 code or for other actions of the planning commission; provided, that all
appropriate noticing is conducted as required by law.
6. PLANNING COMMISSION RECOMMENDATION
The planning commission shall base its recommendation on whether the
application meets the required decision criteria contained in BIMC 2.16.190.H
and consider public input, conclusions from any required studies, the staff
recommendation, and findings from the SEPA analysis. The planning commission
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may recommend to approve, approve with conditions, or deny the proposed
amendment. The planning commission must make findings supporting their
recommendation. If the planning commission recommends denial of a proposed
amendment, the findings shall include that (a) the proposal does not comply with
the decision criteria contained in BIMC 2.16.190.H, or (b) a majority of the
planning commission finds that the proposal would be more appropriately and
effectively addressed through another aspect of the city‟s work program. The
planning commission‟s findings and conclusions regarding its recommendation
shall be forwarded to the city council within 30 days of their final hearing.
7. CITY COUNCIL REVIEW AND DECISION
a. The city council considers whether the application meets the required
decision criteria contained in BIMC 2.16.190.H and also considers staff‟s
recommendation and the planning commission‟s recommendations within
the context of its budget discussions, and may act on the amendment
proposals prior to or at the same time as it adopts the city budget.
b. The council may decide to approve, deny, or approve with modification the
proposed amendment.
c. The council shall base its decision on consideration of the record and the
required decision criteria contained in BIMC 2.16.190.H and shall cite these
in their findings and conclusions.
8. DENIED AMENDMENTS
a. Denied amendments will not be accepted for the next comprehensive plan
amendment cycle, unless the proposed amendment is substantially
modified or circumstances related to the amendment request have
significantly changed. The planning director shall make this determination.
H. DECISION CRITERIA
The planning commission and city council shall base their respective
recommendation or decision on a proposed comprehensive plan amendment on the
following criteria:
1. COMPLIANCE WITH LAW
Amendments to the comprehensive plan shall comply with the Growth
Management Act and other state and federal laws.
2. RESOURCES
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a. The city must have the resources, including staff and budget, necessary to
implement the proposal.
b. The amendment will not result in development that has significant adverse
effects on community resources, including but not limited to: water
resources, utilities, transportation, parks or schools.
c. The amendment must not adversely affect the city‟s ability to provide the
full range of public facilities and services at the planned level of service, or
consume public resources otherwise needed to support comprehensive
plan implementation strategies.
3. INTERNAL CONSISTENCY
Amendments shall be consistent with the land uses and growth projections that
are the basis of the comprehensive plan and with the overall intent of the
comprehensive plan, including the community vision, overriding principles, and
overall goals that guide the plan.
4. CUMULATIVE EFFECT
All amendments must be considered concurrently in order to evaluate their
cumulative effect on the comprehensive plan text and map, development
regulations, capital facilities program, adopted environmental policies and other
relevant implementation measures.
5. LAND USE IMPACTS
Amendments shall not adversely affect public health, safety or welfare. An
amendment must be compatible with neighboring land uses and surrounding
neighborhoods, if appropriate. In addition, applications should be reviewed for
their cumulative land use impacts. (Ord. 2006-13 § 4, 2006)
I. PUBLIC INVOLVEMENT
1. STANDARD PROCEDURES
All complete applications for amendment to the comprehensive plan are
considered and reviewed by the planning commission and city council.
Depending on the content, scope or potential impact of a proposed modification,
additional review by other citizen committees and opportunities for public
comment may occur. Various public meetings, forums, presentations and
outreach may be conducted in order to ensure:
a. Broad dissemination of proposals and alternatives;
b. Opportunity for written comments;
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c. Provision for open discussion;
d. Information services; and
e. Consideration of and response to public comments.
2. NEIGHBORHOOD MEETINGS
Since all proposals are required to be compatible with neighboring land uses and
surrounding neighborhoods, persons proposing site-specific amendments may
address issues of compatibility by participating in a neighborhood meeting
organized by the city, with notifications as specified by the city.
3. EMERGENCIES
Amendments outside the regular annual amendment cycle, such as emergency
amendments, still carry a requirement for appropriate public participation. (Ord.
2006-13 § 4, 2006)
4. REVOCATION
A comprehensive plan amendment may be reversed by the city council outside
the regular amendment period upon the finding of any of the following:
a. The approval was obtained by fraud or other intentional or misleading
representations; or
b. The amendment is being implemented contrary to the intended purpose of
the amendment or other provisions of the comprehensive plan and city
ordinances; or
c. The amendment is being implemented in a manner that is detrimental to
the public health or safety. (Ord. 2006-13 § 4, 2006)
J. TRANSMITTAL TO STATE
The department shall notify the appropriate Washington State Department of
Commerce of its intent to adopt a comprehensive plan amendment at least 60 days
prior to final passage and shall also transmit a copy of all adopted amendments
within 10 days after passage by the city council. (Ord. 2001-24 § 1, 2001)
2.16 Land Use Review Procedures
2.16.210 Special Area Plan Process
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2.16.210 SPECIAL AREA PLAN PROCESS
A. PURPOSE
The purpose of this chapter is to provide a special planning area process that
enhances the livability of the city by recognizing the unique characteristics of the
city‟s special planning areas and by providing opportunities to accomplish the goals
of the city‟s comprehensive plan in a way unique to each special planning area. (Ord.
95-15 § 1, 1995)
B. APPLICABILITY
This chapter only applies to a special planning area that has been designated in the
adopted comprehensive plan.
C. BEGINNING THE PROCESS
Upon the written request of at least one owner of property located within a special
planning area, the city council by resolution may approve the commencement of the
special planning area process for that special planning area. (Ord. 95-15 § 1, 1995)
D. INTERDEPARTMENTAL STAFF TEAM
1. Upon the city council‟s approval to commence the special planning area process,
the director of planning and community development shall establish an
interdepartmental staff team.
2. At the director of planning and community development‟s request, the director
of each city department shall assign a representative to the interdepartmental
staff team. The Bainbridge Island fire district, the Bainbridge Island school
district, the Bainbridge Island Metropolitan Park and Recreation District, and the
Kitsap County Health District shall each be invited to participate on the
interdepartmental staff team.
3. The interdepartmental staff team shall:
a. Compile the city‟s existing data and materials relating to the special
planning area (including comprehensive plan text and map); and
2.16 Land Use Review Procedures
2.16.210 Special Area Plan Process
City of Bainbridge Island 122
City Council Public Hearing Draft, Title 2, Procedures November 2011
b. Identify in writing issues raised by the public
during the comprehensive planning process and
issues identified by staff relating to the special
planning area; and
c. Identify interested persons and groups,
including all property owners within the special
planning area according to the Kitsap County
auditor‟s records, and notify the interested
persons and groups in writing by regular mail of
the commencement of the special planning area
process for the special planning area; and (Ord.
95-15 § 1, 1995)
d. Provide expertise and guidance to the special
planning area steering committee.
E. SPECIAL PLANNING AREA STEERING COMMITTEE
1. Upon the city council‟s approval to commence the
special planning area process for a special planning
area, the mayor, with confirmation by the city council,
shall appoint a special planning area steering
committee for that special planning area. The
steering committee shall be comprised of an odd
number of members, totaling no more than nine, with
the total number of members to be determined by
the city council. The majority of the committee shall
be comprised of representatives from categories a
and b in subsection 2 below. The term of the steering
committee members shall be until the completion of
the special planning area process under this chapter.
2. The steering committee shall represent a wide
spectrum of interests and expertise and shall include
at least one representative from each of the following
groups:
a. Residents living within and/or owners of
property or businesses within the special
planning area; and
b. Residents and owners of property located
adjacent to the special planning area; and
= Opportunity for public participation or comment
Appeal to GM Hearing
Board
Special Area Plan
City Council Resolution on Commencement
Staff Team Formed by Director
Steering Committee formed by City Council
Public Meeting with
Planning Commission and Steering Committee
Public Report to Planning Commission
SEPA Review & Director Determination
Final Report by Steering Committee
Decision by City Council
Special Planning Area
Plan by Steering Committee
Council Approval of Steering Committee Work Plan
Recommendation by Planning Commission
P
P
P
P
2.16 Land Use Review Procedures
2.16.210 Special Area Plan Process
City of Bainbridge Island 123
City Council Public Hearing Draft, Title 2, Procedures November 2011
c. Residents of and/or business owners in the city, not residing within or
adjacent to the special planning area.
3. The steering committee shall:
a. Establish a planning process consistent with this chapter for developing the
special planning area plan, which shall include a workplan, timeline, and
budget, and which shall be submitted to the city council for approval;
b. With the advice and assistance of the interdepartmental staff team, develop
a special planning area plan consisting of a report and a proposed
comprehensive plan amendment, if appropriate, for the special planning
area;
c. As a part of the workplan, establish a public participation process that
includes public meetings in addition to the initial public meeting conducted
under subsection F, and work with city staff to ensure outreach to the
community during the planning process; and
d. Ensure that the planning process provides adequate opportunity for
participation by property owners and residents who live in or near the
special planning area. (Ord. 95-15 § 1, 1995)
F. INITIAL PUBLIC MEETING
1. After approval of the planning process by the city council, the steering
committee shall conduct an initial public meeting.
2. At the initial public meeting, the following shall occur:
a. The interdepartmental staff team shall provide an overview of the
comprehensive plan and review city-wide goals and policies that must be
addressed in the special planning area process.
b. The steering committee, with input from the interdepartmental staff team,
shall discuss the purpose of the special planning area and the city‟s
existing data and materials for the area.
c. The steering committee shall provide opportunity for the public to
comment on the vision and goals for the special planning area, the
boundaries of the special planning area, and issues relevant to the special
planning area, including mix and type of land uses, density of
development, surface water, greenways, open space, fish and wildlife
habitat, drinking water, sewage disposal, non-motorized transportation.
3. The interdepartmental staff team shall prepare a report setting forth the results
of the meeting. Upon the steering committee‟s approval of the report, the
2.16 Land Use Review Procedures
2.16.210 Special Area Plan Process
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City Council Public Hearing Draft, Title 2, Procedures November 2011
interdepartmental staff team shall transmit the report to the planning
commission for review and comment. (Ord. 95-15 § 1, 1995)
G. PLAN DEVELOPMENT
Upon receiving the planning commission‟s comments on the report prepared under
BIMC 2.16.210.F.3, the steering committee shall develop the special planning area
plan in accordance with the steering committee‟s workplan. In developing the special
planning area plan, the steering committee shall:
1. Develop a profile of characteristics or attributes of the special planning area
(including boundaries) and of issues to be addressed during the special planning
area process; and
2. Develop goals for the special planning area; and
3. Consider and utilize the following criteria, and any other criteria developed by
the steering committee, in preparing and selecting alternatives for the special
planning area:
a. The city-wide goals and policies of the city‟s comprehensive plan; and
b. The goals and policies for the special planning area developed by the
steering committee; and
c. Relevant criteria specified in the Washington State Environmental Policy Act,
Chapter 43.21C RCW, and the applicable Washington Administrative Code,
Chapter 197-11 WAC;
4. Prepare a report setting forth the profiles, goals, and criteria developed by the
steering committee pursuant to subsections a through c above, and transmit the
report to the planning commission for review and comment; and
5. After receiving the planning commission‟s comments on the report prepared
under subsection 4 above, develop alternatives for the special planning area that
include policies, strategies and programs to implement the vision and goals for
the special planning area; and
6. Review the alternatives for the special planning area against the criteria
developed for the area, and select an alternative for the special planning area.
(Ord. 95-15 § 1, 1995)
2.16 Land Use Review Procedures
2.16.210 Special Area Plan Process
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City Council Public Hearing Draft, Title 2, Procedures November 2011
H. INCORPORATION OF SEPA REVIEW
An owner of property in a special planning area may elect, at the owners‟ expense,
to have a SEPA review sufficient in scope and depth of inquiry to be legally adequate
for a specific project incorporated into the city‟s SEPA process for the special
planning area. The SEPA official for the city shall establish the scope, depth and
method of the SEPA review pursuant to BIMC 16.04. (Ord. 95-15 § 1, 1995)
I. FINAL PLAN
The steering committee shall prepare a final report containing the special planning
area plan for the special planning area. The final report shall include the profile and
characteristics of the special planning area, the goals of the special planning area,
the policies, strategies, or programs recommended by the steering committee for
the special planning area, and a proposed comprehensive plan amendment for the
special planning area, if appropriate. The steering committee shall forward its final
report and proposed comprehensive plan amendment, if any, to the planning
commission for action. (Ord. 95-15 § 1, 1995)
EXHIBIT A – TITLE 17
City of Bainbridge Island
Title 17: Subdivisions and Boundary Line Adjustments
Prepared by:
CLARION ASSOCIATES, LLC
1700 Broadway, Suite 400
Denver, Colorado 80290
(303) 830-2890
(303) 860-1809 fax
In association with
Charles Wolfe, Attorney-at-Law
ReadWagoner
November 2011
City of Bainbridge Island ii
City Council Public Hearing Draft, Title 17, Subdivision November 2011
TTAABBLLEE OOFF CCOONNTTEENNTTSS
TABLE OF CONTENTS ....................................................................................... II
17.04 PURPOSE AND GENERAL PROVISIONS ................................................ 1
17.04.010 Purpose ...................................................................................................... 1
17.04.020 General Provisions ...................................................................................... 2
17.08 APPLICABILITY .................................................................................... 4
17.08.010 Applicability ............................................................................................... 4
17.08.020 Exclusions .................................................................................................. 4
17.12 SUBDIVISION DESIGN STANDARDS .................................................. 6
17.12.010 Applicability ............................................................................................... 6
17.12.020 Flexible Lot Design Requirement for Single Family Subdivisions ................. 6
17.12.030 Open Space/Cluster Standards and Homesite Locations for Single Family
Residential Subdivsions ............................................................................................... 8
17.12.040 General Residential Subdivision Standards ............................................... 16
17.12.050 Multi-Family and Non-Residential Subdivisions........................................ 18
17.12.060 Special Requirements for Sensitive Areas ................................................. 19
17.16 BOUNDARY LINE ADJUSTMENTS ........................................................ 20
17.20 DEDICATIONS OF LAND .................................................................... 21
17.20.010 General ..................................................................................................... 21
17.20.020 Land for Park and Recreational Facilities................................................... 21
17.24 ENFORCEMENT AND PENALTIES .................................................... 24
17.24.010 Illegally Divided Land ......................................................................... 24
17.24.020 Penalties ................................................................................................... 24
17.24.030 Enforcement ............................................................................................. 24
17.28 DEFINITIONS ....................................................................................... 26
17.28.010 Rules of Construction ............................................................................... 26
17.28.020 Definitions ................................................................................................ 26
17.04 Purpose and General Provisions
17.04.010 Purpose
City of Bainbridge Island 1
City Council Public Hearing Draft, Title 17, Subdivision November 2011
1177..0044 PPUURRPPOOSSEE AANNDD GGEENNEERRAALL PPRROOVVIISSIIOONNSS
17.04.010 PURPOSE
A. The purpose of this Title is to regulate the division of land into short subdivisions,
long subdivisions, and large lot subdivisions to promote the public health, safety
and general welfare of the citizens of the city in accordance with state law and the
city’s comprehensive plan. To carry out this purpose and further the comprehensive
plan policies addressing residential subdivision of land, this Title establishes a
flexible lot process for short and long subdivisions that promotes the preservation
and consolidation of open space and clustering of development within residential
subdivisions. This process facilitates the fair and predictable division of land,
maintains the current character of the city, encourages efficient and cost-effective
provisions for infrastructure, limits the development impact area, minimizes
impervious surface area and provides for greater flexibility in the division and
establishment of residential lots.
B. A further purpose of this Title 17 is to:
Prevent the overcrowding of land;
Lessen congestion in the streets and highways;
Provide for adequate light and air;
Facilitate adequate provision for water, sewage, storm water drainage, parks and
recreation areas, sites for schools and school grounds and other public
requirements;
Provide for proper ingress and egress;
Provide a variety of housing opportunities; and
Maintain the quality of life of the city.
C. Through this Title, the City will also allow for the subdivision of land for
nonresidential, multifamily, and mixed use, and accomplish uniform monumenting
of land divisions and conveyance by accurate legal description.
D. An additional purpose of this Title is to provide criteria for summary administrative
approval of boundary line adjustments that satisfy public concerns of health, safety
and welfare, or where arranging or rectifying boundary lines is otherwise requested.
E. A final purpose of this Title is to comply with the provisions of RCW Title 58
(Boundaries and Plats) or its successors, and other applicable law of Washington
State, and no provision of this Title shall be interpreted to authorize or require
actions inconsistent with those laws. (Ord. 2003-49 § 1, 2004: Ord. 96-06B § 1,
1996) (Ord. 2003-02 § 12, 2003: Ord. 96-06B § 3, 1996)
17.08 Applicability
17.04.020 General Provisions
City of Bainbridge Island 2
City Council Public Hearing Draft, Title 17, Subdivision November 2011
17.04.020 GENERAL PROVISIONS
A. Location of Substantive Standards
This Title 17 sets forth substantive standards for the layout and design of short,
long, large lot, nonresidential, and multi-family subdivisions. All such divisions of
land must also comply with substantive standards in Titles 15 (Buildings), 16
(Environment), and 18 (Zoning) unless the standards in those Titles have been
explicitly modified or waived.
B. Location of Review and Approval Procedures
The procedures for approval of short, long, large lot, nonresidential and multifamily
subdivisions, as well as the vesting of rights related to those types of approvals, are
set forth in Title 2 (Administration and Personnel). All such provisions require
consistency with the requirements of RCW Title 58 (Boundaries and Plats) or its
successors as applicable to the type of land division being proposed.
C. Compliance with RCW Title 58
1. General
a. Every long, large lot, nonresidential or multifamily subdivision shall comply
with the provisions of RCW Title 58. Every short subdivision as defined in
RCW 58 shall comply with the provisions of the Bainbridge Island subdivision
regulations, which have been adopted pursuant to RCW 58.17.060. A
proposed division of land, as defined in RCW 58.17.020, shall be considered
under the subdivision or short subdivision ordinance, and zoning or other
land use control ordinances, in effect on the land at the time a fully
completed application for preliminary plat approval of the subdivision, or
short plat approval of the short subdivision, has been submitted to the City.
b. For purposes of compliance with RCW Title 58 (Boundaries and Plats) or its
successors, the Bainbridge Island subdivision regulations shall consist of this
Title 17, as well as applicable substantive standards in Titles 15 (Buildings),
16 (Environment), and 18 (Zoning), applicable procedures set forth in Title 2
(Administration and Personnel), and related local regulations or ordinances
adopted in accordance with state law. Large lot subdivisions and multifamily
or nonresidential subdivisions are forms of subdivisions regulated pursuant
to RCW 58.17.040(2) or its successors, and shall be subject to the
requirements of RCW Title 58 applicable to subdivisions, as modified by any
applicable provisions of BIMC.
c. The limitations imposed by this section shall not restrict conditions imposed
under Chapter 43.21.C RCW.
17.08 Applicability
17.04.020 General Provisions
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City Council Public Hearing Draft, Title 17, Subdivision November 2011
2. Specific Provisions
Without limiting the generality of subsection 1, the Bainbridge Island subdivision
regulations and all applications for short, long, large lot, nonresidential and
multifamily subdivisions pursuant to those regulations shall be consistent with
the following provisions of RCW 58.17.033, RCW 58.27.060, and RCW 58.17.140
regarding requirements for application, approval, and time limitation and
extension.
D. Limitations on Dedications and Fees
Pursuant to RCW 58.17.110(2) or its successors, dedication of land, provision of
public improvements to serve the subdivision, and/or impact fees imposed under
RCW 82.02.050 through 82.02.090 or their successors may be required as a
condition of subdivision approval. No dedication, provision of public improvements,
or impact fees imposed under RCW 82.02.050 through 82.02.090 or their
successors shall be allowed that constitutes an unconstitutional taking of private
property. The legislative body shall not as a condition to the approval of any
subdivision require a release from damages to be procured from other property
owners.
E. Application Materials
Materials required to be submitted with an application for a short or long
subdivision, subdivision, large lot subdivision, nonresidential or multifamily
subdivision or boundary line adjustment are available in the Bainbridge Island
Administrative Manual.
F. Interpretation
This Title 17 shall be liberally interpreted and construed to secure the public health,
safety, morals, welfare, to implement the Bainbridge Island Comprehensive Plan, and
to comply with all applicable requirements of Washington state law, and the rule of
strict construction shall have no application. (Ord. 96-06B § 1, 1996)
17.08 Applicability
17.08.010 Applicability
City of Bainbridge Island 4
City Council Public Hearing Draft, Title 17, Subdivision November 2011
1177..0088 AAPPPPLLIICCAABBIILLIITTYY
17.08.010 APPLICABILITY
Unless excluded by BIMC 17.08.020, all short, long, large lot, nonresidential and multifamily
subdivisions, as defined in BIMC 17.28 and BIMC 18.36, shall comply with this Title. (Ord. 96-
06B § 1, 1996)
17.08.020 EXCLUSIONS
This Title 17 shall not apply to:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions made by testamentary provisions, or the laws of descent, as defined in
17.28.
C. Divisions of land into lots or tracts classified for industrial or commercial use when
the city has approved a binding site plan for the use of the land in accordance with
city ordinance.
D. A division for the purpose of lease when no residential structure other than mobile
homes or travel trailers is permitted to be placed upon the land when the city has
approved a binding site plan for the use of the land in accordance with city
ordinance.
E. Divisions of land into lots or tracts if:
1. The improvements constructed or to be constructed on the lot or tract will be
included in one or more condominiums or are owned by an association or other
legal entity in which the owners of units or their owners’ associations have a
membership or other legal or beneficial interest; or
2. The city has approved a binding site plan for all such land and the binding site
plan contains the following statement: “All development of the land described in
this site plan shall be in accordance with the binding site plan, as it may be
amended. Upon completion, the improvements on the land shall be included in
one or more condominiums or owned by an association or other legal entity in
which the owners of units or their owners’ association have a membership or
other legal or beneficial interest”.
F. A division (1) caused by condemnation or by acquisition by a government entity in
lieu of condemnation, or (2) otherwise resulting from a transfer of land to a
government entity for open space, park, public vehicular access, public pedestrian
17.08 Applicability
17.08.020 Exclusions
City of Bainbridge Island 5
City Council Public Hearing Draft, Title 17, Subdivision November 2011
access, utility, or right-of-way purposes, or to a private utility regulated by the State
Utilities and Transportation Commission for utility improvement purposes.
G. Any division of land that is exempted from the scope of RCW 58 or its successors.
H. Short subdivisions shall not be used, either by a person alone or by persons acting
together, at one time or over a period of time, as a means to circumvent compliance
with the more stringent subdivision requirements that control the subdivision of
land into five or more lots. When an application for a short subdivision is filed within
five years after the approval of a short subdivision on a contiguous land parcel, a
presumption of an attempt to circumvent short subdivision requirements may be
invoked by the director as a basis for further investigation to assure compliance with
the intent of this provision. (Ord. 96-06B § 2,1996)
17.12 Subdivision Design Standards
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1177..1122 SSUUBBDDIIVVIISSIIOONN DDEESSIIGGNN SSTTAANNDDAARRDDSS
17.12.010 APPLICABILITY
This section sets forth standards for (1) short subdivisions, (2) long subdivisions, (3) large lot
subdivisions, and (4) nonresidential and multifamily subdivisions. These requirements are
summarized in Table 17.12.-1. Procedures for Boundary Line Adjustments are set forth in BIMC
Title 2.
Table 17.12-1: Subdivision Requirements by Type of Subdivision
Subdivision Standards
Type of Subdivision
Open Space
Flexible Lot
Standards
(Section
17.12.030.A)
Cluster
Flexible Lot
Standards
(Section
17.12.030.B)
General
Subdivision
Standards
(Section
17.12.040)
Multifamily and
Nonresidential
Standards
(Section
17.12.050)
Short Subdivision (2-4 Lots) [1]
Open Space Option
Cluster Option
Long Subdivision (4+ Lots)
Open Space Option
Cluster Option
Large Lot Subdivisions
Commercial and Multifamily
Subdivisions
[1] BIMC17.28.020.49 defines the number of lots permitted in a short subdivision
17.12.020 FLEXIBLE LOT DESIGN REQUIREMENT FOR SINGLE FAMILY SUBDIVISIONS
A. Requirement
1. All single family residential short and long subdivisions within the city shall be
designed in accordance with the city’s adopted flexible lot (flexlot) design
requirements. If, due to site or design constraints, no homesite with supporting
infrastructure can be located on a subject property, no division of land is
permitted.
17.12 Subdivision Design Standards
17.12.020 Flexible Lot Design Requirement for Single Family Subdivisions
City of Bainbridge Island 7
City Council Public Hearing Draft, Title 17, Subdivision November 2011
2. Some of the flexible lot design requirements are outlined in this Title 17 and in
Title 18, and additional guidance is provided in the City’s Flexible Lot Design
Handbook, which has been prepared and shall be maintained by the Director,
and made available to the public, to assist applicants in the preparation of
flexible subdivision designs and applications for residential subdivisions.
B. Pre-Existing Lots
Lots that have previously received final approval from the city, or that have
previously received final approval from Kitsap County prior to inclusion within the
city boundaries, and that do not comply with the adopted flexible lot design
requirements shall be considered existing nonconforming lots, but any future
resubdivision of any such lots shall comply with adopted flexible lot design
requirements.
C. Two Types of Flexible Lot Design Available
Applicants for a short or long subdivision or resubdivision shall comply with the
standards in this Title 17 applicable to Open Space design or the standards
applicable to Cluster design. If an applicant does not notify the city of his or her
intention to submit a Cluster design, the Open Space design standards shall apply.
In some cases, however, site constraints such as the size and shape or the parcel or
the presence of areas subject to BIMC 16.12 (Shoreline Master Program) or 16.20
(Critical Areas) result in only one of the options being feasible.
D. Large Lot Subdivisions
As authorized by RCW 58.17.040(2) or its successors, the city regulates the division
of land into large lots. Large lot subdivisions shall comply with the requirements of
BIMC 17.12.040 (General Residential Subdivision Standards), the requirements of
BIMC 17.12.060 (Special Requirements for Sensitive Areas), if applicable, and the
requirements of Title 18 for the zone district in which the property is located. Large
lot subdivisions are not a form of flex lot and therefore are not subject to cluster or
open space design requirements.
17.12 Subdivision Design Standards
17.12.030 Open Space/Cluster Standards and Homesite Locations for Single Family Residential
Subdivisions
City of Bainbridge Island 8
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17.12.030 OPEN SPACE/CLUSTER STANDARDS AND HOMESITE LOCATIONS FOR SINGLE
FAMILY RESIDENTIAL SUBDIVISIONS
All short and long subdivisions, except large lot subdivisions, shall comply with the standards
in either subsection A or B, and shall also comply with the standards of BIMC 17.12.040
(General Subdivision Standards) and with the standards of BIMC 17.12.060 (Special
Requirements for Sensitive Areas) as applicable. In the case of an application for a Housing
Design Demonstration Program pursuant to BIMC 2.16.020.Q, the open space requirements of
this section shall not be used, and the open space provided in the subdivision shall be
evaluated pursuant to BIMC 2.16.020.Q.
A. Open Space Short or Long Subdivisions
All short and long subdivisions shall comply with the standards of this subsection A
unless the applicant chooses to instead comply with the standards of subsection B
(Cluster Short or Long Subdivisions).
1. Open Space Objectives
Open space shall accomplish one or more of the following objectives:
a. Conservation and enhancement of natural or scenic resources, including
wildlife habitat;
b. Protection of streams and/or the water supply;
c. Conservation of soils, wetlands, beaches or tidal marshes;
d. Enhancement of the value to abutting or neighboring parks, forests, wild
preserves, nature reservations or sanctuaries;
e. Enhancement of recreational and community agricultural opportunities;
f. Preservation of farmland and historic sites;
g. Preservation of unique natural land or rock features;
h. Preservation of visual qualities along highway, road and street corridors or
scenic vistas.
2. Open Space Design Guidelines
The area designated for open space preservation shall be configured in a manner
that enhances and promotes the natural character of the Island and open space
characteristics of the property. Open space configuration shall satisfy the
following guidelines:
a. Open space should be concentrated in large, consolidated, usable areas; and
17.12 Subdivision Design Standards
17.12.030 Open Space/Cluster Standards and Homesite Locations for Single Family Residential
Subdivisions
City of Bainbridge Island 9
City Council Public Hearing Draft, Title 17, Subdivision November 2011
b. Open space should connect to adjacent off-site open space areas, designated
greenways and/or critical areas; and
c. Open space should be designed to preserve views from off-site of the
subject property; and
d. Open space should enhance or retain Island character through the
minimization of roadside disturbance of roadside vegetation; and
e. The area of the open space should be delineated with a low perimeter to area
ratio as shown by the examples in Table 17.12.030-1.
Table 17.12.030-1 Configuration of Open Space
Consolidated Open Space with a
low perimeter to area ratio
Open Space with a high
perimeter to area ratio
Unconsolidated Open
Space
(PREFERRED) (NOT ACCEPTABLE) (ACCEPTABLE)
3. Prioritization of Valued Open Space
The relative desirability of different types of open space is ranked in Table
17.12.030-2, and proposed open space subdivisions shall design open spaces to
include areas with higher priority rankings if possible. If a subdivision site
contains a particularly exceptional or rare open space feature that is lower in
priority, the applicant and/or city may choose to preserve that feature over those
higher in the table. Where valued open space features are present and some
portion of those features is adjacent to the same or other listed valued features
in Table 17.12.030-2, the protected open space should be designed to include
those areas contiguous to valued open space features on adjacent properties.
17.12 Subdivision Design Standards
17.12.030 Open Space/Cluster Standards and Homesite Locations for Single Family Residential
Subdivisions
City of Bainbridge Island 10
City Council Public Hearing Draft, Title 17, Subdivision November 2011
4. Amount of Open Space Required
a. Basis
Table 17.12.030-2: Valued Open Space Features for Open Space Short
and Long Subdivisions
Priority Open Space Feature Notes
1.
Critical Areas (as
defined in BIMC
16.20), Areas
Contiguous with
Critical Areas and
their Buffers
All critical areas and their associated
buffers shall be preserved.
2. Native Forests and
Significant Trees
Significant trees identified consistent with
the standards of the landscaping
ordinance (BIMC 18.15.010) should be
preserved.
3. Trails and Greenways Trails and greenways should be preserved.
4.
Pastures, Meadows,
Orchards, and
Farmland
Pastures, farmland and land areas
currently or traditionally used in
agriculture should be preserved. Where
possible, the size and configuration of
pasture and farmland areas should permit
commercially viable farming
5. Shoreline View Areas
Shoreline areas identified consistent with
the provisions of the shoreline
management plan (BIMC 16.12) that are
suitable for public access and habitat area
should be considered.
6. Mature Vegetation on
Ridgelines
Mature vegetation found on ridgelines of
community significance (as viewed from
off-site) should be preserved.
7. Wildlife Corridors
Designated Wildlife Corridors as adopted
by Resolution No. 2001-12 should be
preserved.
17.12 Subdivision Design Standards
17.12.030 Open Space/Cluster Standards and Homesite Locations for Single Family Residential
Subdivisions
City of Bainbridge Island 11
City Council Public Hearing Draft, Title 17, Subdivision November 2011
In determining the open space area requirement stated in subsection 4.b, the
city has relied on the Analysis of Open Space Report dated July 15, 2003 and
amended April 30, 2004, and the other reports, statutes and documents
referenced in the recitals to the ordinance codified in this section (“open
space documentation”). The open space documentation shall be incorporated
into the record of every short or long subdivision application. In reviewing a
short or long subdivision application, the city shall consider the open space
documentation as presumptively valid and applicable to the short or long
subdivision application.
b. Amount Required
i. The area provided for open space shall be based on and consistent with
the existing valued open space features (listed in Table 17.12.030-2) on
the subject property, up to a maximum of 25 percent of the area of the
property being subdivided, unless additional open space area is
otherwise provided pursuant to subsection 5.
ii. All lands subject to Critical Area regulations by BIMC 16.20 shall remain
subject to those regulations regardless of whether they are included in
the required open space designation.
iii. If a property being subdivided contains valued open space features as
described in Table 17.12.030-2 that exceed 25 percent of the gross land
area, the maximum required area for open space designation is still 25
percent, unless it includes protected critical area as regulated by BIMC
16.20.
iv. If the gross land area contains less than 25 percent in open space
features, then the designated open space is identified accordingly. The
Flexible Lot Design Handbook provides assistance on the methodology
for designating open space areas. Designated open space areas shall not
be required to be dedicated to the public, and the owner shall not be
required to permit public access to designated open space areas.
Landscape buffers may be included in the open space calculation as
specified in BIMC Table 18.15.010-3 and BIMC Table 18.15.010-5.
5. Open Space Incentives
a. Short Subdivisions
If an applicant provides an additional 15 percent of permanently protected
open space above the maximum 25 percent required by subsection 4, then a
short subdivision may include the division or redivision of two or more
existing lots, up to nine lots consistent with the procedures and standards
contained in this Title.
17.12 Subdivision Design Standards
17.12.030 Open Space/Cluster Standards and Homesite Locations for Single Family Residential
Subdivisions
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b. Long Subdivisions
If an applicant provides an additional 15 percent of permanently protected
open space above the maximum 25 percent required by subsection 4, then
lots within the subdivision that are served by a public sewer service may have
reduced minimum lot areas below 5,000 square feet in size. Accessory
dwelling units shall not be permitted on any lot that is below 5,000 square
feet in size as approved by this open space incentive option.
6. Open Space Ownership
Ownership of open space area shall be established consistent with one of the
following forms of ownership:
a. Private Ownership
Open space may be held in private ownership if established by easements,
restrictive covenants, open space management plan, or other similar legal
means; or
b. Common Ownership
Open space may be held in common by a home or property owner’s
association or other similar organization. For the purposes of this Title,
ownership of and/or conservation easement being held by a land trust, or
other similar conservancy organization, shall be considered common
ownership. If this ownership pattern is selected, covenant, conditions, and/or
restrictions shall be required; or
c. Public Ownership
Designated open space areas shall not be required to be dedicated to the
City or other public agency, and the owner shall not be required to permit
public access to designated open space areas. However, if the owner offers
to dedicate, the city or other public agency may choose to accept ownership
of open space. Consequently, upon approval and acceptance by the City
Council, open space shall be dedicated to the public.
7. Uses Allowed in Open Space
The following uses are allowed in those designated open space areas that are not
part of a required landscape buffer (unless zoning regulations of BIMC Title 18,
provisions of the Shoreline Master Program per BIMC 16.12, or Critical Areas
regulations of BIMC 16.20 restrict that use):
a. Passive recreation, including pervious trails;
17.12 Subdivision Design Standards
17.12.030 Open Space/Cluster Standards and Homesite Locations for Single Family Residential
Subdivisions
City of Bainbridge Island 13
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b. Agricultural uses and fencing necessary for animal control, excepting those
agricultural uses that require buildings;
c. Potable water wells and well houses;
d. Low impact fencing or signs marking the open space boundary or critical
area boundary;
e. Onsite sewage treatment system use approved by the director for all
residential zones, if the applicant can demonstrate that (1) the proposed use
will not adversely affect the function or characteristics of the specific open
space, (2) the system is approved by the Kitsap County Health District, and
(3) construction of the system will not require the removal of significant
trees, native forests, vegetation within a required buffer for designated
critical areas subject to BIMC 16.20, or vegetation within areas designated for
protection under the Shoreline Master Program pursuant to BIMC 16.12;
f. Storm drainage system use approved by the director for all residential zones
if the applicant can demonstrate that (1) enhanced vegetation will be
provided so that the facility appears as a natural feature, (2) the proposed
use will not adversely affect the function or characteristics of the specific
open space, (3) the system meets the design standards of BIMC 15.20 and
15.21, including low impact development designs, and (4) the system design
must contribute to the function and characteristics of the open space feature
by providing the following:
i. The design will include natural contours with slopes no greater than 2:1
for any above ground storm detention facilities; and
ii. Enhanced vegetation will be provided in conjunction with the storm
drainage facility in order to make it a more natural feature; and
iii. Pedestrian trails should be considered as part of the design; and
iv. While fencing of designated open spaces or critical areas may be required
by the Director pursuant to BIMC 17.12.030.A.8.a, separate fencing of
storm drainage facilities or areas shall only be installed if necessary to
protect public safety. Where fencing is required, low impact fencing shall
be used, and chain-link fences are prohibited unless superseded by state
law.
g. Playgrounds and tot lots, picnic shelters and benches, community gardens,
bus shelters, community art, or fountains may be allowed within a
designated open space area, provided the proposed use will not adversely
affect the function or characteristics of the specific open space.
h. Solar panels, small wind energy generators, composting bins, rainwater
harvesting barrels, cisterns, and raingardens/swales, as defined in
17.12 Subdivision Design Standards
17.12.030 Open Space/Cluster Standards and Homesite Locations for Single Family Residential
Subdivisions
City of Bainbridge Island 14
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BIMC18.36, may be allowed within a designated open space area, provided
the proposed feature will not result in the damage or removal of significant
trees.
8. Open Space/Critical Area Fencing, Signage and Management Standards
The following fencing and management standards apply to designated open
space areas. In addition to the standards listed in this subsection, designated
open spaces containing sensitive areas shall comply with any additional
management standards required to protect those areas pursuant to BIMC
17.12.060 (Special Requirements for Sensitive Areas), Title 16.12 (Shoreline
Management Master Program) and Title 16.20 (Critical Areas) as applicable.
a. Either fences and/or signs delineating open space and critical area buffers
are required. The Director shall determine which option (fence or sign) is
required, based on the likelihood of encroachment into designated open
space areas.
i. If fencing is required:
Low impact fences are preferred and must be constructed in
accordance with the definition in 17.28.020.30; and
The Director has the authority to raise the maximum height of
fencing to ensure that the fence is adequate to exclude livestock
while allowing passage for intended wildlife species.
ii. If signs are required:
They shall be constructed in accordance with the definition in BIMC
17.28.020.37; and
They shall be generally spaced at intervals of 50 feet, unless
otherwise approved by the director due to reasons such as
topography, configuration of open space, distance from other
features, etc.
iii. If signage is required and encroachments into the designated open space
occur, the Director may require that the owner install fencing and/or
additional signage to prevent future encroachments. Required fencing
and signs must be maintained in good repair, with repair or replacement
to occur within sixty (60) days of notification from the city that repair or
replacement is required.
b. Open Space Management Plan Required. An applicant shall submit a draft
open space management plan (OSMP) as described in the Bainbridge Island
Administrative Manual, for review as part of the preliminary plat application.
Final approval of the OSMP will occur at the time of final plat approval. The
open space management plan shall include:
17.12 Subdivision Design Standards
17.12.030 Open Space/Cluster Standards and Homesite Locations for Single Family Residential
Subdivisions
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i. A list of all approved uses for the open space areas. Where uses in
separate open space areas vary, the specific location of each use shall be
depicted graphically.
ii. A maintenance plan for open space areas that clearly describes the
frequency and scope of maintenance activities for open space areas and
that meets all requirements set forth in the Bainbridge Island
Administrative Manual.
c. The approved OSMP must be filed with the Kitsap County Auditor. In the
event that the open space area is not maintained consistent with the open
space management plan, the city shall have the right to provide the
maintenance of the open space and bill the owner for the cost of
maintenance.
B. Cluster Short and Long Subdivisions
If an applicant chooses to apply for a cluster short or long subdivision, the open
space provisions of subsection A shall not apply. Clustering shall be accomplished
through the design process specified in the Flexible Lot Design Handbook. The
following requirements shall apply to cluster short and long subdivisions:
1. Homesite Clustering
The purpose of clustering is to facilitate the efficient use of land by reducing
disturbed areas, impervious surfaces, utility extensions and roadways. Homesites
shall be located in cluster groupings and the efficient location of infrastructure
shall be used to maximize the undeveloped area. Four or more homesites shall
constitute a cluster grouping in a long subdivision, and two or more homesites
shall constitute a cluster grouping in a short subdivision.
a. All homesites in a cluster grouping shall adjoin or be located a maximum of
25 feet apart from another homesite.
b. The city encourages design of homesite cluster groups that create open areas
large enough to accommodate Crop Agriculture, when such areas are
created. The applicant shall record covenants making it clear to lot buyers
that Crop Agriculture may take place on the open areas.
c. The location of homesite cluster groups are not required to be located near
any existing home on the property.
2. Homesite Area
a. The homesite area is for development of the primary residential dwelling and
accessory buildings for each lot within the subdivision.
17.12 Subdivision Design Standards
17.12.040 General Residential Subdivision Standards
City of Bainbridge Island 16
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b. In the R-0.4, R-1, R-2, and R-2.9 zoning districts, a homesite area with a
maximum area of 10,000 square feet shall be provided for each lot and shall
be depicted on the face of the plat.
c. In the R-3.5 and R-4.3 zoning districts, a homesite area with a maximum
homesite area of 7,600 square feet shall be provided for each lot and shall
be depicted on the face of the plat.
d. In the R-5, R-6, R-8, and R-14 zoning districts, a homesite area with a
maximum area of 5000 square feet shall be provided for each lot and shall
be depicted on the face of the plat.
e. Other allowed uses and structures, including well houses, may be located
within the lot and outside the homesite area; provided that all other
applicable requirements of BIMC are satisfied.
f. Designated homesites shall not include designated critical areas or their
buffers.
g. Fencing or signage of designated critical areas shall be required pursuant to
BIMC 17.12.030.A.8.a.
17.12.040 GENERAL RESIDENTIAL SUBDIVISION STANDARDS
All residential short, long, and large lot subdivisions shall comply with the following standards.
A. Compliance with Titles 16, 18 and RCW Title 58
Lot areas, dimensions, and other characteristics shall comply with the requirements
of Title 18 applicable to the zone district where the land is located, including
landscaping and/or vegetated buffers. In addition, each subdivision plat shall
comply with all applicable provisions of RCW Title 58 (Boundaries and Plats) or its
successors. Subdivisions including sensitive areas or their required buffers shall also
comply with the provisions of BIMC 17.12.060.
B. Homesites
Residential homesites shall be located consistent with the design methodology
prescribed in the Flexible Lot Design Handbook.
C. Water Supply Systems
Locations of individual or community water supply systems and associated wellhead
protection areas required by the health district, shall comply with all applicable
standards established by the health district.
17.12 Subdivision Design Standards
17.12.040 General Residential Subdivision Standards
City of Bainbridge Island 17
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D. Septic Systems
Locations of individual or community drainfields and associated reserve drainfields
shall comply with all applicable standards established by the health district.
E. Roads and Pedestrian Access
1. Roads and access complying with the “City of Bainbridge Island Design and
Construction Standards and Specifications” and all applicable requirements of
the BIMC, shall be provided to all proposed lots consistent with the standards
contained within this subsection.
2. A variation from the road requirements and standards contained within the “City
of Bainbridge Island Design and Construction Standards and Specifications” may
be approved by the city engineer through the minor variance process described
in BIMC Title 2.
3. Existing roadway character shall be maintained where practical. This may be
accomplished through the reduction of roadway width consistent with subsection
E.2, the minimization of curb cuts, and the preservation of roadside vegetation.
To minimize impervious surfaces, public rights-of-way, access easements and
roadways shall not be greater than the minimum required to meet standards
unless the City Engineer agrees that the additional size is justified.
4. Connections to existing off-site roads that abut the subject property shall be
required where practicable, except through critical areas and/or their buffers.
5. Street names and traffic regulatory signs shall be provided, and their locations
shall be indicated on the plat/plan. The location of mailboxes and traffic
regulatory signs is only required to be indicated on the plat/plan when other
public improvements are required.
6. Transit stops shall be provided as recommended by Kitsap Transit.
7. Pedestrian and bicycle circulation and access within a subdivision and onto the
site shall be provided through walkways, paths, sidewalks, or trails and shall be
consistent with the nonmotorized transportation plan. Pursuant to RCW
58.17.110(1) sidewalks shall be provided, where necessary, to assure safe
walking conditions for students who walk to and from school. Special emphasis
shall be placed on providing pedestrian access to proposed recreational and/or
open space areas.
F. No City Maintenance of Streets in Short Subdivisions
Streets within a short subdivision shall not be maintained by the city unless such
streets have been dedicated as a right-of-way, improved to current city standards,
17.12 Subdivision Design Standards
17.12.050 Multifamily and Nonresidential Subdivisions
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and have been accepted as part of the approved short subdivision. Therefore, unless
accepted, the responsibility for maintenance shall lie with the owners of the lots.
G. Improvements
1. Where the buildout of a subdivision is divided into phases, land dedications and
infrastructure development will be required on a pro-rata basis as each phase is
developed unless the applicant negotiates an alternative phasing schedule with
the City. This will be required to be documented on a plat note.
2. On any approved large lot, no further lot divisions shall be approved until the
required improvements are installed by the applicant and approved by the City.
3. All large lot subdivisions shall have the following improvements developed
and/or installed prior to recording:
a. Streets shall be cleared, grubbed, and rocked or graveled to provide
adequate year-round passage.
b. Appropriate drainage, including erosion control, facilities shall be provided
consistent with a plan approved by the city engineer prior to clearing and
construction of any plat improvements. (Ord. 96-06B § 3, 1996)
17.12.050 MULTIFAMILY AND NONRESIDENTIAL SUBDIVISIONS
Subdivisions established for multifamily and nonresidential uses are not subject to open space
or cluster flexlot provisions, and shall comply with each of the following:
A. All provisions of BIMC Title 18 (Zoning) applicable to the zone district where the
property is located and the type of development anticipated. This requirement shall
include, without limitation, compliance with lot areas, dimensions, and design,
mobility and access, landscaping, screening, and vegetative buffers.
B. All provisions of BIMC Title 16 (Environment) applicable to the area where the
property is located and the type of development anticipated.
C. All applicable provisions of RCW Title 58 (Boundaries and Plats) or its successors.
D. As an option, nonresidential and multifamily residential subdivisions may provide
open space pursuant to 17.12.030.A.
17.12 Subdivision Design Standards
17.12.060 Special Requirements for Sensitive Areas
City of Bainbridge Island 19
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17.12.060 SPECIAL REQUIREMENTS FOR SENSITIVE AREAS
A. Critical Areas
1. Any portion of a short or long subdivision, large lot subdivision, nonresidential
or multifamily subdivision that contain a critical area as defined in BIMC 16.20
must conform to all requirements of that Title.
2. Any portion of a short or long subdivision, large lot subdivision, or a
nonresidential or multifamily subdivision shall comply with the fencing and
signage requirements of BIMC 17.12.030.A.8.a or 17.12.030.B.2.g, as applicable.
3. When required by RCW 36.70A.060 or its successors, the final short or long
subdivision, large lot subdivision, nonresidential or multifamily subdivision must
contain a notice that the subject property is on or within 300 feet of lands
designated agricultural lands, forest lands or mineral resource lands. (Ord. 98-
20 § 13, 1998; Ord. 96-06B § 1, 1996)
B. Shoreline Master Program Areas
Any portion of a short or long subdivision, large lot subdivision, nonresidential or
multifamily subdivision located within the jurisdiction of the Shoreline Master
Program, as defined in BIMC 16.12, must conform to all requirements of that Title.
17.16 Boundary Line Adjustments
City of Bainbridge Island 20
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1177..1166 BBOOUUNNDDAARRYY LLIINNEE AADDJJUUSSTTMMEENNTTSS
Boundary line adjustments may be requested to consolidate existing lots, or to formalize
boundaries between platted or unplatted lots or both. Boundary line adjustments shall be
completed pursuant to the procedures and decision criteria set forth in Title 2 (Administration
and Personnel).
17.20 Dedications of Land
17.20.010 General
City of Bainbridge Island 21
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1177..2200 DDEEDDIICCAATTIIOONNSS OOFF LLAANNDD
17.20.010 GENERAL
As authorized by RCW 58.17.110(2) or its successors, in order to meet the health, safety and
welfare needs of the public and mitigate the impacts of the proposal, the director or city
engineer may condition approval of the subdivision upon dedications for drainage ways, other
public ways, water supplies, sanitary waste facilities, parks, playgrounds, sites for schools and
school grounds, site protection of critical areas, and other needs of the public, as long as such
dedication does not constitute an unconstitutional taking of private property. (See also BIMC
12.30) (Ord. 2003-49 § 12, 2004: Ord. 98-20 § 13, 1998; Ord. 96-06B §§ 1, 2, 3, 1996)
17.20.020 LAND FOR PARK AND RECREATIONAL FACILITIES
A. Policy
It is the policy of the city to require the dedication of land within a proposed
development, where it is deemed necessary, for park and recreational purposes, as a
condition of final approval of a short or long subdivision, large lot subdivision,
nonresidential subdivision, or approval of any permit issued under the International
Building Code for the development of a multifamily residential development or
approval of any application for development of multifamily uses; provided, that
such dedication must be reasonably necessary as a direct result of the proposed
development. This policy shall be implemented in a manner consistent with RCW
58.17.110(2) or its successors, which requires that any such dedication not involve
an unconstitutional taking of private property. (Ord. 84-09 § 1, 1984)
B. Applicability
Dwelling units existing on November 24, 1979, shall not be included in any city
determination of need for dedication of land. (Ord. 84-09 § 6, 1984)
C. Criteria for Requiring Dedication of Land
The responsible city agency or official shall determine whether dedication of land is
appropriate. The responsible city agency’s or official’s decision shall be determined
by consideration of the following factors:
1. Compatibility with the city’s comprehensive plan, comprehensive park plan or
future park plans; and
2. Topography, geology, access and location of land in the subdivision or
residential development suitable for dedication; and
17.20 Dedications of Land
17.20.020 Land for Park and Recreational
Facilities
City of Bainbridge Island 22
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3. Size and shape of the subdivision, short plat or residential development and the
location of land suitable for dedication; and
4. The feasibility of dedication; and
5. The proximity of the subdivision, short plat or residential development to
previously acquired park property; and
6. The possibility of combining the land to be dedicated for park purposes with
existing park or recreational facilities when the parcel to be dedicated does not
exceed one acre in area; and
7. The existence of covenants for open space as specified in Sections 17.20.020.D,
17.20.020.E, and 17.20.020.G (Ord. 84-09 § 3, 1984).
D. Covenants – Approval by City
In determining the need for dedication of land, the Director shall consider any
proposed covenants for private parks or recreational facilities that are made as part
of a development proposal. The city may approve covenants in addition to or as an
alternative to requiring dedication of land, in order to mitigate the impacts of a
proposed development on city parks and recreational facilities. (Ord. 84-09 § 4(A),
1984)
E. Amount of Land Dedication Required
The amount of land required to be dedicated shall be based on a study quantifying
the per person, per household, per dwelling unit, or per commercial square impact
of new development on existing dedicated infrastructure in the city, and the results
of that study shall be adopted by city council to be applied on a formula basis to
new development or redevelopment prior to being applied to any specific short or
long subdivision, large lot subdivision, or nonresidential or multifamily subdivision.
If the city determines that the formula land dedication requirements based on the
study will not offset the impacts of the proposed development on public lands in the
city, the city may conduct an individualized determination providing written analysis
of the actual impacts of the development on dedicated lands for open space,
recreation, or other purposes, and may base its land dedication requirements on
that individualized determination.
F. Credit for Dedication Requirement
Where private open space for park and recreational facilities is provided in a
proposed short or long subdivision, large lot subdivision, or residential or
nonresidential development or proposed development of multifamily residential use
and such space is to be privately owned and maintained by the future residents of
the subdivision or residential property, such areas may, in the sole discretion of the
17.20 Dedications of Land
17.20.020 Land for Park and Recreational
Facilities
City of Bainbridge Island 23
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city, be credited against the amount of land that the city determines should be
dedicated pursuant to subsection E, provided that the city finds it in the public
interest to do so, and determines that the following standards are met:
1. The yards, court areas, setbacks and other open areas required by the zoning
and building regulations are not included in the computation of such private
open space; and
2. The private ownership and maintenance of the open spaces are adequately
provided for by written agreement meeting the requirements of the Open Space
Management Plan described in BIMC 17.12.020.A.8; and
3. The proposed private open space is reasonably adaptable for use for park and
recreational purposes, taking into consideration such factors as size, shape,
topography, geology, access and location of the land; and
4. Facilities proposed for the open space are in general accord with the intent of the
comprehensive plan and the Bainbridge Island Metropolitan Park District
Comprehensive Plan; and
5. The open space and/or facilities will provide for the park and recreational needs
of the residents of the short or long subdivision or residential development in
such manner as to reduce the impact on existing park or recreational facilities
within the city or will reduce the need to provide new park or recreational
facilities within the city. (Ord. 84-09 § 4(B), 1984)
G. Recording
In those instances where proposed covenants for private parks or recreational
facilities are approved under the provisions of this Title, they must be recorded with
the Kitsap County auditor as follows:
1. All such open space covenants relating to subdivision shall be recorded at the
time of the recording of the final short plat or subdivision map; and
2. All other such open space covenants shall be recorded with the Kitsap County
auditor within 10 days of the date of approval by the appropriate agency of such
open space covenants for private parks or recreational activities; and
3. All recording costs shall be borne by the applicant; and (Ord. 84-09 § 4(C),
1984)
4. A recorded copy of the covenants shall be provided to the Department of
Planning and Community Development.
17.24 Enforcement and Penalties
17.24.010 Illegally Divided Land
City of Bainbridge Island 24
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1177..2244 EENNFFOORRCCEEMMEENNTT AANNDD PPEENNAALLTTIIEESS
17.24.010 ILLEGALLY DIVIDED LAND
No building permit or development permit of any sort shall be issued for lots created in
violation of this Title 17 or related provisions of Title 2 (Administration and Personnel), Title 16
(Environment), or Title 18 (Zoning) provided an innocent purchaser for value may obtain
permits needed for development upon application to the department and decision by the
hearing examiner pursuant to BIMC 2.16.100, after notice, if such purchaser shows the
following:
A. The lot was purchased at a market value not reflecting the illegal division; and
B. The purchaser exercised reasonable diligence but did not know of the illegal
division; and
C. The public interest will not suffer. (Ord. 96-06B § 1, 1996)
17.24.020 PENALTIES
A. Any person, firm or corporation violating any provision of the Code, including any
condition of an approved plat, related to the division of land shall be guilty of a
gross misdemeanor and each such person, firm or corporation shall be deemed
guilty of a separate offense for each and every day or portion of a day during which
any such violation is committed, continued, or permitted. Upon conviction of any
violation of any provision of BIMC related to the division of land, the person, firm or
corporation shall be punished by a fine of not more than $5,000 or imprisonment
for not more than one year, or by both such fine and imprisonment. (Ord. 96-06B
§ 1, 1996)
B. The provisions of subsection A shall not be applied in any manner inconsistent with
the penalties provided for in RCW Title 58 (Boundaries and Plats) or its successors.
In addition, the city may impose any additional penalties for violations authorized by
Title 58.
17.24.030 ENFORCEMENT
A. Whenever any parcel of land is divided into lots, large lots, tracts, or parcels of land
contrary to the provisions of BIMC related to the division of land, and any person,
firm or corporation or any agent of them sells or transfers, or offers or advertises for
sale or transfer any such lot, large lot, tract, or parcel without having an approved
final plat of such subdivision filed for record, the city may commence action to
restrain and enjoin further subdivisions or sales, or transfers, or offers of sale or
transfer and compel compliance with all provisions of BIMC related to the division of
17.24 Enforcement and Penalties
17.24.030 Enforcement
City of Bainbridge Island 25
City Council Public Hearing Draft, Title 17, Subdivision November 2011
land. The costs of such action shall be imposed on the person, firm, corporation or
agent selling or transferring the property through any method authorized by law.
B. Whenever land within a short or long subdivision, large lot subdivision,
nonresidential or multifamily subdivision that has been granted final approval is
used in a manner or for a purpose that violates any provision of BIMC related to the
division of land or violates any condition attached to such final approval:
1. In addition to any penalties provided in BIMC 17.24.020 or BIMC 1.26.090, the
city may commence action to restrain and enjoin such use and compel
compliance with the provisions of BIMC or with such terms and conditions. The
costs of such action may be imposed against the violator through any method
authorized by law. (Ord. 96-06B § 1, 1996)
2. The city may enforce compliance with this Title 17 through any methods
described in BIMC 18.33.
C. The provisions of subsections A and B shall not be applied in any manner
inconsistent with enforcement provisions authorized in RCW Title 58 (Boundaries
and Plats) or its successors. In addition, the city may enforce the provisions of this
Title 17 and cross-referenced provisions in other Titles of the Bainbridge Island
Municipal Code through any additional methods of enforcement authorized by RCW
Title 58.
17.28 Definitions
17.28.010 Rules of Construction
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1177..2288 DDEEFFIINNIITTIIOONNSS
17.28.010 RULES OF CONSTRUCTION
Rules of construction shall be those listed in BIMC 18.36.010.
17.28.020 DEFINITIONS
17.28.020.1. Arterial
“Arterial” means a major thoroughfare used mainly for through traffic rather than access to
nearby property. Arterials have greater traffic carrying capacity than collector or local streets
and are designed for continuously moving traffic.
17.28.020.2. Block
“Block” means a group of lots, tracts or parcels within well defined and fixed boundaries.
17.28.020.3. Buffer
“Buffer” as defined in BIMC 18.36.
17.28.020.4. Circle Template
“Circle Template” as defined in BIMC 18.36.
17.28.020.5. Cluster Development
“Cluster development” means a group of adjoining homesite areas situated in a suitable area of
a property, designed in such a manner that facilitates the efficient use of land by reducing
disturbed areas, impervious surfaces, utility extensions and roadways, while providing for the
protection of valued open space features.
17.28.020.6. Cluster Grouping
“Cluster grouping” means a grouping of two or more homesite areas for short subdivisions and
a grouping of four or more homesites for long subdivisions regulated by BIMC 17.12.030.B.
17.28.020.7. Code
“Code” means the City of Bainbridge Island Municipal Code.
17.28.020.8. Collector
“Collector” means a collector road as defined in the city of Bainbridge Island Comprehensive
Plan.
17.28.020.9. Comprehensive Plan
“Comprehensive plan” as defined in BIMC 18.36.
17.28 Definitions
17.28.020 Definitions
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17.28.020.10. Contiguous Land
“Contiguous land” means land adjoining and touching other land regardless of whether or not
portions of the parcels have separate tax numbers, or were purchased at different times, in
different sections, are in different government lots or are separated from each other by public
or private easement or right-of-way.
17.28.020.11. Critical Areas
“Critical areas”, as used in this Title, means critical areas and their protective buffers as
described by BIMC 16.20.
17.28.020.12. Dedication
“Dedication” means the deliberate assignment of land by an owner for any general and public
uses, reserving to the owner no other rights than such as are compatible with the full exercise
and enjoyment of the public uses to which the property has been devoted. The intention to
dedicate shall be evidenced by the owner by the presentment for filing of a final plat of a short
or long subdivision, a large lot subdivision, or a nonresidential or multifamily subdivision
showing the dedication. Acceptance of the filing shall be by approval of the final plat by the
city.
17.28.020.13. Department
“Department” as defined in BIMC 18.36.
17.28.020.14. Director
“Director” as defined in BIMC 18.36.
17.28.020.15. Division
“Division” means a portion of property within an approved preliminary subdivision that is
authorized to be recorded separately by the specific terms and conditions of the preliminary
and/or final subdivision approval.
17.28.020.16. Easement
“Easement” means a right of use granted by a property owner to specific persons or to the
public for use of land for a specific purpose.
17.28.020.17. Farm and Farmland
“Farms and farmland” mean land used for Crop Agriculture or Livestock Agriculture, as those
terms are defined in BIMC 18.36.
17.28.020.18. Final Subdivision or Final Plat
“Final subdivision” or “Final plat” means the final drawing of the subdivision and dedication
prepared for filing for record with the county auditor and containing all elements and
17.28 Definitions
17.28.020 Definitions
City of Bainbridge Island 28
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requirements set forth in RCW 58.17 or its successors and the Bainbridge Island Municipal
Code.
17.28.020.19. Flexible Lot Design
“Flexible lot design” is the design process the city uses that permits flexibility in lot
development and encourages a more creative approach than traditional lot-by-lot subdivision.
The flexible lot design process includes lot design standards, guidance on the placement of
buildings, use of open spaces and circulation that best addresses site characteristics. This
design process permits clustering of lots, with a variety of lot sizes, to provide open space,
maintain island character and protect the Island’s natural systems.
17.28.020.20. Footprint
“Footprint” means a Building Footprint as defined in BIMC 18.12.050.
17.28.020.21. Greenway
“Greenway” means a system composed of land areas and connector links. The land areas
include, but are not limited to: large open areas, public lands, farmlands, critical areas, forests,
shoreline areas, and parks. The features of the connector links include trail systems, riparian
areas, visual or scenic views of ridgelines, wildlife corridors or any combination of these.
17.28.020.22. Health District
“Health district” means the Kitsap County Health District.
17.28.020.23. Hearing Examiner
“Hearing examiner” means the official designated as the hearing examiner for the city pursuant
to BIMC Title 2.
17.28.020.24. Homesite Area
“Homesite area” means the area of a lot depicted on the face of a plat that is intended for
development of the primary residential dwelling and accessory buildings and necessary
infrastructure within a cluster subdivision.
17.28.020.25. Island Character
“Island character” is the term used to describe the special character of the Island – winding,
narrow and vegetated roadways and forested areas, meadows, farms, areas that contain much
of the Island’s wetlands and streams, aquifer recharge areas and fish and wildlife habitat areas.
For the purposes of this Title, it does not refer to a level of service, or type of development, or
measure of development intensity.
17.28 Definitions
17.28.020 Definitions
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17.28.020.26. Large Lot Subdivision
A “large lot subdivision” means the division or redivision of land into two or more lots for the
purpose of sale, lease or transfer of ownership where each lot is not smaller than five acres or
1/128 of a section (whichever is smaller); provided, that this shall not include division or
redivision of land where all parcels are greater than 20 acres or 1/32 of a section.
17.28.020.27. Laws of Descent
“Laws of Descent” means the rules of inheritance law established by the State of Washington
and the federal government that apply in cases where there is no will naming the persons to
receive the possessions of a person who has died.
17.28.020.28. Long Subdivision
“Long Subdivision” means the division or redivision of land into five or more lots, tracts (except
tracts specifically reserved as open space), parcels, sites or divisions for the purpose of sale,
lease or transfer of ownership, but shall not include a short subdivision.
17.28.020.29. Lot
“Lot” means a lot as defined in BIMC 1836.
17.28.020.30. Low-Impact Fencing
“Low-impact fencing” means a fence designed to preserve views into an area and wildlife access
to and from the area while providing a physical barrier to prevent livestock or humans from
easily or inadvertently entering the area. Low-impact fencing includes without limitation two-
or three-tier split-rail or horse-rail fencing not exceeding five feet in height, four inch by four
inch wooden posts with two or three strands of cable in between, or other fencing with similar
visual, barrier, and access characteristics as determined by the Director.
17.28.020.31. Mature Vegetation on Ridgelines
“Mature vegetation on ridgelines” as defined in BIMC 18.36.
17.28.020.32. Meadow
“Meadow” means an open, nonforested area formed by the land’s natural features and events of
nature.
17.28.020.33. Native Forest
“Native forest” means established forest areas primarily consisting of native trees and plants.
17.28.020.34. Native Vegetation
“Native vegetation” as defined in BIMC 18.36.
17.28.020.35. Off-Site Views or Views from Off-Site
“Off-site views” or “views from off-site” as defined in BIMC 18.36.
17.28 Definitions
17.28.020 Definitions
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17.28.020.36. Open Space
“Open space” means any area of land that is predominately undeveloped and that provides
physical and/or visual relief from the developed environment in perpetuity; that is generally
unimproved and set aside, designated or reserved for public use or enjoyment, or used for the
private use and enjoyment of property owners. Open space may consist of undeveloped areas,
such as pastures and farmlands, woodlands, greenbelts, critical areas, pedestrian corridors and
other natural areas that provide recreational opportunity and visual relief from developed areas.
Open space excludes tidelands, areas occupied by buildings, and any other developed areas
such as driveways, all rights-of-way and any other impervious surfaces not incidental to open
space purposes.
17.28.020.37. Open Space/Critical Areas Sign
“Open Space Sign” means a sign used to delineate the boundaries of designated open space,
critical areas, and/or their buffers. Open space/critical areas signs shall be made of metal or
similar durable material and shall be between 64 and 144 square inches in size.
17.28.020.38. Orchard
“Orchard” as defined in BIMC 18.36.
17.28.020.39. Pasture
“Pasture” means land used for grazing.
17.28.020.40. Phasing
“Phasing” means the use of limits on construction, permitting or occupancy to reduce the
immediacy or severity of impacts of the subdivision on the environment or to better achieve the
requirements of state law for the concurrence of the facilities and services with the needs
generated by development.
17.28.020.41. Plat
"Plat" is a map or representation of a subdivision, showing thereon the division of a tract or
parcel of land into lots, blocks, streets and alleys, or other divisions and dedications.
17.28.020.42. Planning Commission
“Planning commission” means the Bainbridge Island Planning Commission, as described in BIMC
2.14.020.
17.28.020.43. Platted Lot
“Platted lot” means a fractional part of divided lands having fixed boundaries, being of
sufficient area and dimension to meet minimum zoning requirements for width and area and
17.28 Definitions
17.28.020 Definitions
City of Bainbridge Island 31
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the flexible lot development standards contained within this Title. The term includes tracts or
parcels.
17.28.020.44. Preliminary Plat
"Preliminary plat" is a drawing of a proposed subdivision showing the general layout of streets
and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of
this Title. The preliminary plat shall be the basis for the approval or disapproval of the layout of
a subdivision.”
17.28.020.45. Public Way
“Public Way” means a dedicated street, easement allowing public access, and other forms of
access open to the public.
17.28.020.46. Right-of-Way
“Right-of-way” means land in which the state, county, city or other governmental entity owns
the fee simple title or has an easement dedicated or required for a transportation or utility use.
The right-of-way is the right to pass over the property of another. It refers to a strip of land
legally established for the use of pedestrians, vehicles or utilities.
17.28.020.47. Road
“Road” as defined in BIMC 12.38.
17.28.020.48. Short Plat
"Short plat" means the map or representation of a short subdivision.
17.28.020.49. Short Subdivision
“Short subdivision” is the division or redivision of land into four or fewer lots, tracts (except
tracts specifically reserved as open space), parcels or sites, for the purpose of sale, lease or
transfer of ownership, except that the division or redivision of two or more existing lots into up
to nine lots consistent with the procedures and standards contained in BIMC 17.12.030.A shall
constitute a short subdivision if an applicant dedicates additional open space area pursuant to
BIMC 17.12.030.A.5.
17.28.020.50. Significant Tree
“Significant tree” shall have the meaning defined in BIMC 18.36.
17.28.020.51. Storm Water
“Storm water” shall have the meaning defined in BIMC 15.20.
17.28.020.52. Street
“Street” shall have the meaning defined in BIMC 18.36.
17.28 Definitions
17.28.020 Definitions
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17.28.020.53. Testamentary Provisions
“Testamentary Provisions” means provisions of a last will or testament of a person who has died
concerning land or property owned or controlled by that person, which provisions are generally
carried out by an executor appointed by a court or public official on behalf of the deceased.
17.28.020.54. Wetland
“Wetland” shall have the meaning defined in BIMC 16.20. (Ord. 2005-11 § 8, 2005; Ord.
2004-08 § 1, 2004; Ord. 2003-49 § 2, 2004; Ord. 2003-02 § 1, 2003: Ord. 98-20 § 13, 1998;
Ord. 96-06B § 1, 1996)
EXHIBIT A – TITLE 18
TTAABBLLEE OOFF CCOONNTTEENNTTSS
City of Bainbridge Island
Title 18: Zoning
Prepared by:
CLARION ASSOCIATES, LLC
1700 Broadway, Suite 400
Denver, Colorado 80290
(303) 830-2890
(303) 860-1809 fax
In association with
Charles Wolfe, Attorney-at-Law
ReadWagoner
November 2011
City of Bainbridge Island ii
City Council Public Hearing Draft, Title 18, Zoning November 2011
TABLE OF CONTENTS ........................................................................................ I
18.03 GENERAL PROVISIONS ........................................................................... 1
General Provisions .......................................................................................................1
18.03.010 How to Use This Code ................................................................................ 1
18.03.020 Short Title................................................................................................... 2
18.03.030 Amendments to Code, Zoning Map or Comprehensive Plan ....................... 2
18.03.040 Intent and Purpose ..................................................................................... 2
18.03.050 Consistency with the Comprehensive Plan .................................................. 2
18.03.060 Applicability of Regulations ........................................................................ 3
Interpretation of Regulations ........................................................................................5
18.03.070 Minimum Requirements .............................................................................. 5
18.03.080 Private Agreements, Covenants, and Restrictions ....................................... 5
18.03.090 Interpretation by the Director ..................................................................... 5
Zoning Map .................................................................................................................7
18.03.100 Official Zoning Map .................................................................................... 7
18.06 ZONING DISTRICTS .................................................................................. 8
General Provisions .......................................................................................................8
18.06.010 Districts Established ................................................................................... 8
Residential Districts .....................................................................................................9
18.06.020 Purpose of Individual Residential Districts .................................................. 9
Mixed Use DISTRICTS ................................................................................................. 11
18.06.030 Mixed Use Town Center Zone ................................................................... 11
18.06.040 High School Road Zones I and II Districts ................................................. 13
18.06.050 Neighborhood Service Center ................................................................... 14
Other Districts ........................................................................................................... 17
18.06.060 Business/Industrial ................................................................................... 17
18.06.070 Water Dependent Industrial Zone ............................................................. 19
18.06.080 Fort Ward Historic Overlay ........................................................................ 20
18.06.090 R-8SF Overlay ........................................................................................... 21
Zoning District Boundaries ......................................................................................... 22
18.06.100 Zoning District Boundaries ....................................................................... 22
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City Council Public Hearing Draft, Title 18, Zoning November 2011
18.09 USE REGULATIONS ............................................................................... 23
Permitted and Conditional Uses.................................................................................. 23
18.09.010 Explanation of Table Abbreviations .......................................................... 23
18.09.020 Permitted Use Table ................................................................................. 24
18.09.030 Use Specific Standards .............................................................................. 36
18.12 DIMENSIONAL STANDARDS ................................................................. 63
18.12.010 General ..................................................................................................... 63
18.12.020 Tables of Dimensional Standards.............................................................. 63
18.12.030 Additional Dimensional Provisions............................................................ 78
18.12.040 Modifications to Required Setbacks and Heights ...................................... 91
18.12.050 Rules of Measurement .............................................................................. 93
18.15 DEVELOPMENT STANDARDS AND GUIDELINES ................................ 97
18.15.010 Landscaping and Screening ...................................................................... 97
18.15.020 Parking and Loading ............................................................................... 123
18.15.030 Mobility and Access ................................................................................ 138
18.15.040 Outdoor Lighting .................................................................................... 140
18.15.050 Signs ...................................................................................................... 146
18.18 DESIGN STANDARDS AND GUIDELINES ........................................... 147
18.18.010 Applicability ........................................................................................... 147
18.18.020 Encouraging Sustainability ...................................................................... 147
18.18.030 Specific Design Regulations and Guidelines ............................................ 147
18.21 AFFORDABLE HOUSING ..................................................................... 150
18.21.010 Purpose .................................................................................................. 150
18.21.020 General Provisions for Optional Affordable Housing ............................... 150
18.21.030 Optional Residential Density Bonus for Affordable Housing ................... 152
18.24 HISTORIC PRESERVATION PROGRAM .............................................. 154
18.24.010 Purpose and Relationship to Zoning and Building Codes ........................ 154
18.24.020 Historic Preservation Commission .......................................................... 154
18.24.030 Register of Historic Places ...................................................................... 157
18.24.040 Changes or Alterations to Properties Located on Local Register ............. 159
18.24.050 Appeal of Denial of a Waiver or a Certificate of Appropriateness ............ 161
18.24.060 Review and Monitoring of Properties for Special Property Tax Valuation 161
18.24.070 Fort Ward Historic Overlay District .......................................................... 164
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City Council Public Hearing Draft, Title 18, Zoning November 2011
18.27 TRANSFER OF DEVELOPMENT RIGHTS ............................................ 173
18.27.010 Purpose .................................................................................................. 173
18.27.020 Development Rights Sending Areas ........................................................ 173
18.27.030 Calculation of Development Rights ......................................................... 173
18.27.040 Receiving Areas for Development Rights ................................................ 174
18.27.050 Determination of Development Rights from a Sending Area ................... 174
18.27.060 Severance of Development Rights from a Sending Area .......................... 175
18.27.070 Sale or Transfer of Development Rights .................................................. 175
18.27.080 Use of Development Rights in Mixed Use and High School Road Districts
................................................................................................................................ 175
18.27.100 Use of Development Rights within NSC Districts ..................................... 176
18.30 NONCONFORMING LOTS, USES, AND STRUCTURES ...................... 177
18.30.010 Applicability ........................................................................................... 177
18.30.020 Nonconforming Use of Land ................................................................... 177
18.30.030 Nonconforming Structures & Buildings ................................................... 177
18.30.040 Conditions of Continuance of Nonconforming Use of Structure .............. 178
18.30.050 Nonconforming Lots ............................................................................... 178
18.30.060 Nonconforming Agricultural Use or Structure ......................................... 178
18.30.070 Nonconforming Manufactured Homes .................................................... 179
18.33 VIOLATIONS, ENFORCEMENT, AND PENALTIES .............................. 180
18.33.010 General ................................................................................................... 180
18.33.020 Financial Surety Procedure ...................................................................... 182
18.36 DEFINITIONS ......................................................................................... 183
18.36.010 Rules of Construction ............................................................................. 183
18.36.020 Rules of Measurement ............................................................................ 184
18.36.030 Definitions .............................................................................................. 185
18.03 General Provisions
18.03.010 How to Use This Code
City of Bainbridge Island 1
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1188..0033 GGEENNEERRAALL PPRROOVVIISSIIOONNSS
GENERAL PROVISIONS
18.03.010 HOW TO USE THIS CODE
This Title 18 sets forth the permitted uses of land and structures and the types of
development that are permitted on platted lots and legal tracts of land in the City of
Bainbridge Island. However, it must be read together with additional regulations
regarding the use of land and structures in Title 2 (Administration and Personnel), Title
15 (Buildings), Title 16 (Environment), and Title 17 (Subdivisions and Boundary Line
Adjustments). In many cases the information in this Title 18 is qualified by the
regulations in those other Titles because of the characteristics of the land or the way in
which lots were subdivided in the past. Perhaps most commonly, the provisions of this
Title 18 are qualified by additional regulations that apply to Critical Areas (see BIMC
16.20) and to lands covered by the Shoreline Management Program (see BIMC 16.12),
both of which are governed by state law. In addition, the provisions of this Title 18 are
subject to the requirements of the Washington State Environmental Protection Act
(SEPA).
In order to determine what types of land uses or development are permitted on a
specific parcel of land, it is necessary to review:
1. What zone district the property is located in, as shown on the Official Zoning
Map;
2. Whether the land is subject to regulation under the Shoreline Management
Program in BIMC 16.12;
3. Whether the land contains a Critical Area (such as a wetland) regulated by BIMC
16.20;
4. Whether the desired use of land is a permitted or conditional use of land under
the Use Regulations of BIMC 18.09. If the use is neither a permitted nor a
conditional use, then that use is not allowed;
5. Whether the desired structures are sized and located to meet the Dimensional
Standards in BIMC 18.12;
6. Whether the proposed location of the structure on the lot will allow storm water
to be managed as required by BIMC 15.20 and 15.21;
7. Whether the proposed project design complies with the Development Standards
in BIMC 18.15 and any related Design Guidelines cross-referenced in BIMC
18.18; and
18.03 General Provisions
18.03.020 Short Title
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8. What types of approvals from the city are required pursuant to Title 2. Specific
forms and application requirements are available in the Administrative Manual.
18.03.020 SHORT TITLE
This title and amendments to it, along with Title 17 and Chapters 2.14 and 2.16 shall be
cited as the “Bainbridge Island Land Use Code” or the “Land Use Code” and may be
referred to in this document as “Code”.
18.03.030 AMENDMENTS TO CODE, ZONING MAP OR COMPREHENSIVE PLAN
All proposals to amend this Land Use Code, the Official Zoning Map, or the
Comprehensive Plan, shall be processed in accordance with the provisions of BIMC Title
2 and this Title.
18.03.040 INTENT AND PURPOSE
The Bainbridge Island Land Use Code, as set forth in the text of this Title 18, Title 17,
Chapters 2.14 and 2.16, and the Official Zoning Map, is adopted with the purpose of
improving and protecting the public health, safety, comfort, convenience, and general
welfare of the people, the aesthetic quality of the City, and implementing the goals and
policies of the Bainbridge Island Comprehensive Plan.
18.03.050 CONSISTENCY WITH THE COMPREHENSIVE PLAN
The standards and requirements contained in this Code, and the district mapping
reflected on the Official Zoning Map, have all been made in accordance with the
Comprehensive Plan for the City.
18.03 General Provisions
18.03.060 Applicability of Regulations
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18.03.060 APPLICABILITY OF REGULATIONS
A. Territorial Application
This Code shall apply to all structures, land, and uses within the city limits of
Bainbridge Island, Washington, unless specifically prohibited by state and/or
federal law.
B. General Application
After the Effective Date of this Code, (a) all buildings and structures erected,
(b) all uses of land or buildings established, (c) all alterations or relocations
of existing structures occurring, and (d) all enlargements of, additions to,
changes in, and relocations of existing uses, shall be subject to all
regulations of this Code. Existing buildings, structures and uses that do not
comply with the regulations of this Code shall be allowed to continue subject
to the provisions of BIMC 18.30 Nonconforming Lots, Uses, and Structures.
C. Conversion of Use or Building
The conversion of any use or building either to another use or to increase the
size or area of the existing use, including the conversion of any building or
the conversion of any dwelling to accommodate an increased number of
dwelling units, families, or residents, shall be permitted only within a district
in which a new building for similar occupancy would be permitted under this
Code, and only when the resulting occupancy will comply with the
requirements in such districts, with respect to minimum lot size, lot area per
dwelling unit, percentage of lot coverage, dimensions of yards and other
open spaces, height, floor area ratio, off-street parking and any other
applicable requirements, except as may be allowed by the provisions of BIMC
18.30 Nonconforming Lots, Uses, and Structures, BIMC 2.16.060 Minor
Variances, or 2.16.120 Major Variances.
D. General Prohibition
No building or structure, no use of any building, structure or land, and no lot
of record or zoning lot, now or later existing, shall be established, altered,
moved, divided, or maintained in any manner except in accord with the
provisions of the Bainbridge Island Municipal Code (BIMC).
E. Conditional Uses
Conditional uses for each zone district are indicated in Table 18.09.020 and
may be permitted pursuant to BIMC Title 2. However, any use lawfully
established prior to the Effective Date of this Code that is shown in Table
18.03 General Provisions
18.03.060 Applicability of Regulations
City of Bainbridge Island 4
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18.09.020 as a conditional use in the district where that use is located, shall
be considered a lawful conditional use. However, any expansion or addition
of structures, parking areas or driveways shall be subject, at a minimum, to
the approval through the Minor or Major Conditional Use procedures in BIMC
2.16.050 or 2.16.110 prior to issuance of a Building Permit or expansion of
use.
F. Applicability to Combinations of Platted Lots or Parcels
If a property owner owns two or more contiguous parcels or lots and wants
to have this Land Use Code applied to them as a single unit, rather than
individually, the owner must complete a replat or boundary line adjustment
as described in Title 2. Except as otherwise noted, this Land Use Code will
be applied to each lot or parcel individually.
G. Compliance with other Applicable Regulations
All development and redevelopment shall comply with all other applicable
regulations of BIMC, including without limitation to applicable regulations of
Title 2: Administration and Personnel, Title 15: Buildings, Title 16:
Environment (including noise standards in BIMC 16.16) and Title 17:
Subdivisions.
18.03 General Provisions
18.03.070 Minimum Requirements
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INTERPRETATION OF REGULATIONS
18.03.070 MINIMUM REQUIREMENTS
In their interpretation and application, the provisions of this Code shall be held to be the
minimum requirements for the promotion of the public health, safety, morals, comfort,
convenience, prosperity, and general welfare. Where the conditions imposed by any
provision of this Code upon the use of land or buildings or upon the bulk of buildings,
are either more restrictive or less restrictive than comparable conditions imposed by any
other provision of this Code or of any other law, ordinance, resolution, rule, or
regulation of any kind, the regulations that are more restrictive or that impose higher
standards or requirements shall govern. When one Title of the BIMC is silent on the
issue and another title contains explicit regulations, the explicit regulations shall
govern. When one Title of BIMC contains general regulations and another contains more
detailed regulations on the same topic, the more detailed regulations shall govern.
18.03.080 PRIVATE AGREEMENTS, COVENANTS, AND RESTRICTIONS
This Code is not intended to abrogate, annul or otherwise interfere with any easement,
covenant, or other private agreement or legal relationship; provided, however, that
where the regulations of this Code are more restrictive or impose higher standards or
requirements than such easements, covenants or other private agreements or legal
relationships, the regulations of this Code shall govern. The city is not responsible for
enforcing private easements, covenants, or other similar restrictions.
18.03.090 INTERPRETATION BY THE DIRECTOR
The Director has the authority to provide interpretations of provisions, uses, or
definitions in Titles 16, 17, 18 and related provisions in Title 2 of this Code, and will
make these interpretations available to the public. Any person may apply to the Director
for an interpretation of any provision in these titles. The Director shall provide the
interpretation taking into account consistency with the Comprehensive Plan, the nature
of the definition or use, and its relationship to the Code and its potential impacts, such
as:
A. Whether it involves dwelling units; sales; processing; type of product, storage
and amount;
B. Enclosed or open storage;
C. Anticipated employment;
D. Transportation requirements;
18.03 General Provisions
18.03.090 Interpretation by the Director
City of Bainbridge Island 6
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E. Excessive noise, odor, fumes, dust, toxic material, light, glare, and vibration
likely to be generated; and
F. The general requirements for public utilities such as water and sanitary
sewer.
The authority to provide an interpretation does not include the authority to add a new
permitted (“P”) or conditional (“C”) use to the use table in section 18.09.020. The
Director’s interpretation is subject to appeal pursuant to BIMC 2.16.020.P.1.
18.03 General Provisions
18.03.100 Official Zoning Map
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ZONING MAP
18.03.100 OFFICIAL ZONING MAP
The Official Zoning Map shall be identified by signatures of the city council and shall
carry the following words:
This is to certify that this is the Official Zoning Map referred to in the Land
Use Code of the City of Bainbridge Island, Washington, adopted March 1,
1992. If, in accordance with the provisions of this Code, changes are made in
zoning district boundaries or other matter portrayed on the Official Zoning
Map, such changes shall be made on the Official Zoning Map promptly after
the amendment has been adopted, together with an entry on, or attached to,
the Official Zoning Map, as follows: “On (date) by official action of the City
Council, the following change was (changes were) made in the Official Zoning
Map (brief description of nature of change),” which entry shall be signed by
the mayor and attested to by the city clerk.
The Official Zoning Map that shall be located in the office of the city clerk shall be the
final authority as to the current zoning status of land in the city.
18.06 Zoning Districts
18.06.010 Districts Established
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1188..0066 ZZOONNIINNGG DDIISSTTRRIICCTTSS
GENERAL PROVISIONS
This section establishes the zoning districts used in Bainbridge Island, the purpose of
each zoning district, and in some cases basic information about the zoning district.
18.06.010 DISTRICTS ESTABLISHED
To implement the purposes of this title, the city shall be divided into zones that
segregate existing land uses and coordinate policies for land uses outlined in the
comprehensive plan of the city. The zoning districts, district names and abbreviations
shown in the Table below are hereby established.
District
Type
Abbre-
viation District Name
Re
s
i
d
e
n
t
i
a
l
R-0.4 Residential 0.4 – One unit per 2.5 acres (100,000 sq. ft.)
R-1 Residential 1 – One unit per acre (40,000 sq. ft.)
R-2 Residential 2 – Two units per acre (20,000 sq. ft.)
R-2.9 Residential 2.9 – Two & nine-tenths units per acre (15,000 sq. ft.)
R-3.5 Residential 3.5 – Three & one-half units per acre (12,500 sq. ft.)
R-4.3 Residential 4.3 – Four & three-tenths units per acre (10,000 sq. ft.)
R-5 Residential 5 – Five units per acre (8,500 sq. ft.)
R-6 Residential 6 – Six units per acre (7,260 sq. ft.)
R-8 Residential 8 – Eight units per acre (5,400 sq. ft.)
R-14 Residential 14 – Fourteen units per acre (3,100 sq. ft.)
Mi
x
e
d
U
s
e
To
w
n
Ce
n
t
e
r
CC Central Core Overlay
MA Madison Avenue Overlay
EA Ericksen Avenue Overlay
Gate Gateway Overlay
Ferry Ferry Terminal Overlay
Ot
h
e
r
HSR High School Road Districts I and II
NSC Neighborhood Service Center
B/I Business/Industrial
WD-I Water-dependent Industrial
FWHO Fort Ward Historic Overlay District
18.06 Zoning Districts
18.06.020 Purpose of Individual Residential Districts
City of Bainbridge Island 9
City Council Public Hearing Draft, Title 18, Zoning November 2011
RESIDENTIAL DISTRICTS
18.06.020 PURPOSE OF INDIVIDUAL RESIDENTIAL DISTRICTS
The purpose of the residential districts is to provide for housing at various densities
while preserving the unique character of the island, promoting sustainable development,
and minimizing negative impacts of new residential development on surrounding areas.
A. Residential 0.4 (R-0.4)
The purpose of the R-0.4 zone is to provide low density housing in an
environment with special Island character consistent with other land uses,
such as agriculture and forestry, and the preservation of natural systems and
open space. The low density of housing does not require the full range of
urban services and facilities.
B. Residential 1(R-1)
The purpose of the R-1 zone is to provide residential neighborhoods in an
environment with special Island character consistent with other land uses
such as agriculture and forestry, and the preservation of natural systems and
open space. The low density of housing does not require the full range of
urban services and facilities.
C. Residential 2 (R-2)
The purpose of the R-2 zone is to provide residential neighborhoods in an
environment with special Island character consistent with other land uses
such as agriculture and forestry, and the preservation of natural systems and
open space, at a somewhat higher density than the R-1 district.
D. Residential 2.9 (R-2.9)
The purpose of the R-2.9 zone is to provide for vital residential
neighborhoods in a suburban residential area.
E. Residential 3.5 (R-3.5)
The purpose of the R-3.5 zone is to provide for vital residential
neighborhoods having those community improvements and facilities
normally associated with suburban development.
F. Residential 4.3 (R-4.3)
The purpose of the R-4.3 zone is to provide for vital residential
neighborhoods having urban density and having those community
18.06 Zoning Districts
18.06.020 Purpose of Individual Residential Districts
City of Bainbridge Island 10
City Council Public Hearing Draft, Title 18, Zoning November 2011
improvements and facilities normally associated with urban area
development.
G. Residential 5 (R-5)
The purpose of the R-5 zone is to provide for residential uses 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.
H. Residential 6 (R-6)
The purpose of the R-6 zone is to provide for a medium-density residential
neighborhood in a unique, nonurban environment.
I. Residential 8 (R-8)
The purpose of the R-8 zone is to provide for medium density residential
areas in pleasant, uncongested surroundings allowing for the maximum
amenities for the occupants.
J. Residential 14 (R-14)
The purpose of the R-14 zone is to provide areas of high density residential
development located near planned community centers and other areas that
are to be served by public utilities in the near future, that can support both
public utility systems necessary for the protection of the environment and
allow the maximum amenity for a large number of residences.
18.06 Zoning Districts
18.06.030 Mixed Use Town Center Zone
City of Bainbridge Island 11
City Council Public Hearing Draft, Title 18, Zoning November 2011
MIXED USE DISTRICTS
18.06.030 MIXED USE TOWN CENTER ZONE
A. Purpose
The purpose of the Mixed Use Town Center Zone is to implement the Mixed
Use Town Center sections of the Comprehensive Plan. The Mixed Use Town
Center should strengthen the vitality of downtown Winslow as a place for
people to live, shop and work, to provide a strong residential component,
and to encourage a lively community during both the day and night. The
Mixed Use Town Center zone includes five overlay districts that allow diverse
types of housing, shopping, civic facilities, recreation and employment. The
mix of land uses promotes a pedestrian atmosphere, enhances the viability
of the town center, and allows development in a manner that is harmonious
with the scale of the town center. Land uses that require outdoor storage or
that have an auto orientation, such as drive-through establishments, are not
permitted within the Mixed Use Town Center.
1. Central Core Overlay District
The central core overlay district is the most intense district within the
Mixed Use Town Center. Within this overlay district, residential uses are
encouraged, but exclusive office and/or retail uses are permitted.
2. Ericksen Avenue Overlay District
The purpose of the Ericksen Avenue overlay district is to preserve the
unique and historical features of the Ericksen Avenue neighborhood and
should provide for a mix of residential and small-scale nonresidential
development. Retail development is permitted only on the ground floor,
while residential or residential and office development is permitted in the
upper floors. Historic (pre-1920) single-family residential structures on
Ericksen may be converted to nonresidential use. However, any additions
to the structure must be added to the rear and must be compatible with
the character of the original structure.
3. Madison Avenue Overlay District
The purpose of the Madison Avenue overlay district is to provide for a
mix of residential and small-scale nonresidential development. Within the
Madison Avenue overlay district, all retail and office development shall
include a residential component. Retail development is permitted only on
18.06 Zoning Districts
City of Bainbridge Island 12
City Council Public Hearing Draft, Title 18, Zoning November 2011
the ground-floor. Residential development is only required for buildings
greater than one story in height.
4. Gateway Overlay District
The purpose of the Gateway overlay district is to protect the ravine. The
district permits low-intensity, tourist-oriented, commercial, multifamily
and agricultural uses that will have limited parking and minimum traffic
impact. Impervious surface coverage is limited. If critical areas are
identified on a property, additional buffer requirements pursuant to BIMC
16.20 may be required.
5. Ferry Terminal Overlay District
The purpose of the Ferry Terminal overlay district is to provide an
attractive setting for ferry and associated transportation-oriented uses
and serve as the entry-point into Winslow. This district is also intended
as a new pedestrian and transit oriented, mixed use neighborhood that
complements the character and vitality of the core and serves the
neighborhood and commuters.
B. Performance Standards
1. Noise
No use shall exceed the maximum environmental noise level, established
by Chapter 173-60 WAC, as adopted in BIMC 16.16.
2. Air Quality Emissions
No use in this district shall produce emissions of smoke, dust and/or
odors beyond the property boundary that 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 Chapter 173-
400 WAC, and administered by the Puget Sound Air Pollution Control
Authority (PSAPCA), and shall apply to all air contaminants listed in that
regulation.
3. Lighting
Lighting standards set forth in BIMC 18.15.040 shall apply to the Mixed
Use districts.
18.06 Zoning Districts
18.06.040 High School Road Zones I and II Districts
City of Bainbridge Island 13
City Council Public Hearing Draft, Title 18, Zoning November 2011
18.06.040 HIGH SCHOOL ROAD ZONES I AND II DISTRICTS
A. Purpose
The purpose of the High School Road I and II zones is to provide commercial
uses that complement downtown Winslow and benefit from automobile
access near the highway, while creating a pedestrian-friendly retail area. A
variety of commercial uses are allowed that offer goods and services for the
convenience of Island residents and that may have an auto orientation and a
drive-through facility.
B. Performance Standards
The performance standards applicable to the MUTC district as listed in BIMC
18.06.030.B shall also apply to the HSR I and II districts.
18.06 Zoning Districts
18.06.050 Neighborhood Service Center
City of Bainbridge Island 14
City Council Public Hearing Draft, Title 18, Zoning November 2011
18.06.050 NEIGHBORHOOD SERVICE CENTER
A. Purpose
The purpose of the Neighborhood Service Center is to provide a mix of
neighborhood-scale residential, commercial, and service activity that is
compatible with the scale, character, and intensity of the surrounding
residential neighborhood and that minimizes the impact of noise, odor,
lighting, fire hazard, and transportation on the neighborhood and the impact
on water quality, storm water runoff, and critical areas.
B. Performance Standards
All uses allowed in the NSC district shall conform to the performance
standards of this section. 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
all applicable environmental performance standards of this Code.
1. Noise
All uses shall comply with the noise performance standards of section
18.06.030.B.1.
2. Glare and Heat
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.
3. Ground Vibrations
No ground vibration other than that caused by highway vehicles or
construction activity shall be permitted that is discernible, without
instruments, at or beyond the property line for the use concerned.
4. Waste Storage and Disposal, Including Hazardous Waste
The storage or disposal of industrial waste shall be in compliance with
the regulations and requirements of the Kitsap County health district, the
State Department of Ecology, and Chapter 70.105 RCW as amended, and
the BIMC.
18.06 Zoning Districts
18.06.050 Neighborhood Service Center
City of Bainbridge Island 15
City Council Public Hearing Draft, Title 18, Zoning November 2011
5. Air Quality Emissions
All uses shall comply with Air Quality Emissions Standards of section
18.06.030.B.2.
6. Ground and Soil Contamination
Materials used or produced in any manufacturing process shall be
handled in such a manner as to prevent ground or soil pollution that
destroys or endangers the support of natural vegetation or that may
contaminate underground aquifers, or other natural drainage systems.
7. Electrical Interference
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.
8. Fire and Explosive Hazards
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 Fire Code and the 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.
9. Lighting
Lighting standards set forth in BIMC 18.15.040 shall apply to the NSC
district.
10. Outdoor Storage and Trash Dumpsters
a. 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 the street. Exterior storage should be confined to
portions of the site least visible from public view.
b. Trash dumpsters or any outdoor equipment, whether on the roof or
side of a structure or on the ground, shall be screened from view.
Screening shall be architecturally consistent with the adjacent
18.06 Zoning Districts
18.06.050 Neighborhood Service Center
City of Bainbridge Island 16
City Council Public Hearing Draft, Title 18, Zoning November 2011
structure in terms of materials. Mechanical equipment should be
located below the highest vertical element of the building.
C. Natural Resource Protection Standards
The following provisions are intended to supplement those natural resource
protection standards and requirements contained in Title 17 (Subdivisions)
and Title 16 (Environment), and specifically to supplement those provisions
in BIMC 16.12 (Shoreline Master Program) and BIMC 16.20 (Critical Areas),
which remain the primary source of regulation in those areas. In the event of
a conflict between the provisions of this section and the provisions of BIMC
Chapter 15 (Buildings) or BIMC 16.12 or BIMC 16.20, the provisions of Title
15 or 16 shall apply.
1. Drainage
Surface and stormwater shall be managed in accordance with the
management standards in BIMC 15.20. Storm water runoff shall be
detained and disposed of on site or disposed of in a system designed for
such runoff and that 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 BIMC 15.20, pertaining to
community facilities.
2. Industrial Wastewater Disposal
Industrial wastewater shall not be discharged into an on-site septic
system. Other relevant sections of BIMC shall apply.
18.06 Zoning Districts
18.06.060 Business/Industrial
City of Bainbridge Island 17
City Council Public Hearing Draft, Title 18, Zoning November 2011
OTHER DISTRICTS
18.06.060 BUSINESS/INDUSTRIAL
A. Purpose
The purpose of the Business/Industrial district is to facilitate development of
a diverse economy on the island with business retention, growth, and
innovation. The district is intended to provide opportunities for knowledge-
based businesses and expansion of Island businesses, for diversity of jobs,
and for low-impact industrial activity that is compatible with adjoining
residential neighborhoods. The B/I district was formerly called the Light
Manufacturing (LM) district and is intended to implement Comprehensive
Plan provisions related to light manufacturing uses. The B/I district
encourages proper site planning and design of developments in order to
minimize traffic congestion, visual impacts, environmental impacts, and
other impacts and use conflicts within and beyond the district’s boundaries
as enabled through development and performance standards.
B. Performance Standards
All uses allowed in the B/I district shall conform to the performance
standards listed in Sec. 18.06.050.B.
C. Natural Resource Protection Standards
The following provisions are intended to supplement those natural resource
protection standards and requirements contained in Title 17 (Subdivisions)
and Title 16 (Environment), and specifically to supplement those provisions
in BIMC 16.12 (Shoreline Master Program) and BIMC 16.20 (Critical Areas),
which remain the primary source of regulation in those areas. In the event of
a conflict between the provisions of this section 18.06.060.C and the
provisions of BIMC Chapter 15 (Buildings) or BIMC 16.12 or BIMC 16.20, the
provisions of Title 15 or 16 shall apply.
1. Open Space
In the B/I districts, all areas identified as critical areas and their buffers under
BIMC 16.20 shall be designated as open space and that open space shall be
subject to the following requirements.
a. Open Space Conservation Easement
A conservation easement approved by the director shall be placed on
the designated open space and shall be recorded with the Kitsap
18.06 Zoning Districts
18.06.060 Business/Industrial
City of Bainbridge Island 18
City Council Public Hearing Draft, Title 18, Zoning November 2011
County auditor along with the open space management plan (OSMP)
as required in subsection 1.c of this section. Fence standards
contained in BIMC 17.12.030.A.8 shall apply when applicable.
b. Uses Allowed within Designated Open Space
Within open space areas, uses must conform with the provisions of
BIMC 16.20.
c. Open Space Management Plan
An open space management plan (OSMP) shall be prepared by the
applicant for review and approval by the city at the time of the
application submittal. The OSMP shall include provisions that allow
the periodic inspection of the open space by the city. The OSMP shall
be recorded with the Kitsap County auditor. The OSMP shall include
the following:
i. A list of all approved uses for the open space areas. If a property
has a variety of critical areas, the specific locations of each set of
permitted uses shall be depicted graphically.
ii. A management plan that clearly describes the frequency and
scope of maintenance activities.
iii. Identification of the entity responsible for the maintenance of the
open space areas.
2. Maintenance of Open Space Areas
Open space areas shall be maintained permanently by the property
owner, the property owner’s association, or the public agency for publicly
owned properties. In the event that open space is not maintained
consistent with the Open Space Management Plan, the city shall have the
right to provide the maintenance of the open space, and bill the owner
for all costs incurred by the city for the maintenance. Such bill shall
become delinquent 20 days after the date of mailing, and the amount due
interest shall accrue on and after the date of delinquency at 12 percent
per annum or the rate authorized by state statute, whichever is lower.
Upon delinquency of 60 days, a lien shall be placed on the property. (Ord.
2006-16 § 1, 2006: Ord. 2005-01 § 10, 2005: Ord. 2004-02 § 1, 2004;
Ord. 2003-11 § 3, 2003; Ord. 97-01 § 13, 1997)
18.06 Zoning Districts
18.06.070 Water Dependent Industrial Zone
City of Bainbridge Island 19
City Council Public Hearing Draft, Title 18, Zoning November 2011
18.06.070 WATER DEPENDENT INDUSTRIAL ZONE
A. Purpose
The purpose of the Water-Dependent Industrial (WD-I) zone is to preserve
elements of a working waterfront by providing urban shoreline areas
intended primarily for commercial, public and recreational uses that require
direct contact with the water and cannot exist at a nonwater location due to
the intrinsic nature of the operation. Small boat facilities, water-related uses
serving marine needs and marine recreational uses are allowed. Development
in this zone that is also located within the shoreline jurisdiction must also
meet the applicable standards of the Bainbridge Island Shoreline
Management Master Program. It is a further purpose of this zone to require
that development and uses employ best management practices and best
available facilities practices and procedures that minimize impacts and
protect affected land uses, or the natural environment, including marine
wildlife habitat areas, from potential air, water, noise, visual or other forms
of pollution; and to encourage public access to the water through waterfront
trails and other means that provide both physical and visual access to the
water.
B. Performance Standards
All uses allowed in the WD-I district shall conform to the performance
standards listed in BIMC 18.06.050 as well as the following:
1. Pollution
Pollution prevention and water quality protection shall be required of all
development and operations of facilities that are located within the
shoreline jurisdiction by employing current best management practices
and best available facilities practices and procedures for marine facilities
provided by the Washington State Department of Ecology.
2. Noise
See BIMC 18.06.030.B.1.
3. Lighting
Lighting standards set forth in BIMC 18.15.040 shall apply to the WD-I
district.
18.06 Zoning Districts
18.06.080 Fort Ward Historic Overlay
City of Bainbridge Island 20
City Council Public Hearing Draft, Title 18, Zoning November 2011
18.06.080 FORT WARD HISTORIC OVERLAY
A. Purpose
The Fort Ward Historic Overlay District is intended to recognize the historic
nature of the Fort Ward area and maintain and integrate its historic elements
into the community. BIMC 18.24.070 identifies buildings of historic interest
in the Fort Ward Historic Overlay District, establishes incentives for
maintaining and rehabilitating the historic character of these buildings, and
establishes the standards and process for historic rehabilitation.
B. Use Standards
The Fort Ward Historic Overlay District is not included in the 18.09.020 Use
Table because uses in the Fort Ward Historic Districts are the same as those
in the underlying zone district.
C. Development Standards
Development standards, bonus densities, and review procedures are outlined
in BIMC 18.24.070.
18.06 Zoning Districts
18.06.090 R-8SF Overlay
City of Bainbridge Island 21
City Council Public Hearing Draft, Title 18, Zoning November 2011
18.06.090 R-8SF OVERLAY
A. Purpose
The purpose of the R-8SF Overlay district as designated on the Official
Zoning Map is to provide for medium density, single family residential areas
in pleasant, uncongested surroundings allowing for the maximum amenities
for the occupants. This district is also intended to serve as a receiving area
for the transfer of development rights (TDRs).
B. Use Standards
The R-8SF Overlay District is not included in the 18.09.020 Use Table
because the uses in the R-8SF Districts are the same as those in the R-8
district with the exception that multifamily dwellings are not permitted in the
R-8SF Overlay District.
18.06 Zoning Districts
18.06.100 Zoning District Boundaries
City of Bainbridge Island 22
City Council Public Hearing Draft, Title 18, Zoning November 2011
ZONING DISTRICT BOUNDARIES
18.06.100 ZONING DISTRICT BOUNDARIES
A. Zoning boundaries indicated as approximately following the center lines of
streets, highways and freeways shall be construed to follow such center lines.
B. Zoning boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
C. The portion of water bodies abutting to the city between the uplands fronting
thereon and over any tidelands or shorelands intervening between such
upland boundary and any such waters to the middle of such abutting water
bodies shall be considered to be within the same zoning district as the
abutting land area as shown on the Official Zoning Map unless otherwise
designated.
D. Boundaries indicated as parallel to or extensions of platted lot lines or streets
shall be so construed.
E. When a street or alley is vacated, it shall acquire the zoning designation of
the property to which it reverts.
F. If a zoned area was created through a document containing a legal
description of the area, that legal description shall govern its boundaries
even if the document containing the legal description is later repealed.
G. A project site may contain more than one zoning designation, however each
portion of the site shall contain only those uses, structures, and density
permitted within that zoning designation. Density shall not be averaged
across zone districts.
H. In the event a zone district boundary is unclear, the director is authorized to
make a determination as to the location of that boundary. The director’s
decision shall be guided by standards A-G above, the intent and language of
the Bainbridge Island Comprehensive Plan and the purpose statement of the
zoning district where boundaries are in question. The decision of the
director shall be subject to appeal pursuant to BIMC 2.16.020.P.
18.09 Use Regulations
18.09.010 Explanation of Table Abbreviations
City of Bainbridge Island 23
City Council Public Hearing Draft, Title 18, Zoning November 2011
1188..0099 UUSSEE RREEGGUULLAATTIIOONNSS
PERMITTED AND CONDITIONAL USES
Permitted and conditional uses allowed in each zone district are shown in the Use Table.
18.09.010 EXPLANATION OF TABLE ABBREVIATIONS
The abbreviations used in the Permitted Use Table have the following meanings.
A. “P” in a cell indicates that the use is permitted by right in that zone district.
Permitted uses are subject to all other applicable regulations of this Code,
including the use-specific standards set forth in this chapter.
B. “C” in a cell indicates that, in the respective zoning district, the use is a
conditional use that is allowed only if reviewed and approved in accordance
with the procedures set forth in BIMC Title 2. Unless otherwise stated in this
Code or in a conditional use approval, conditional uses are subject to all
other applicable regulations of this Code, including the use-specific
standards set forth in this chapter.
C. An “A” in a cell indicates that the use is permitted as an accessory use to a
permitted use or to an approved conditional use in the same zone district. In
the case of approved conditional uses, accessory uses listed in the table are
permitted unless the terms of the conditional use permit prohibit that
accessory use.
D. A “CA” in a cell indicates that the use is permitted as an accessory use to a
permitted use or to an approved conditional use, but that a conditional use
permit is always required.
E. A “T” in a cell indicates that the use is permitted as a temporary use pursuant
to the provisions of this Title 18 and the provisions of Title 2.
F. A blank cell indicates that the use is prohibited in the respective zoning
district.
G. The column headed “Use Specific Standards” identifies a subsection within
BIMC 18.09.030 that imposes additional standards with which the use must
comply except as authorized by the Code. The use specific standard may
limit the “P” or “C” designation to certain areas, or may indicate that a “C” use
will be treated as a “P” use in some areas.
18.09 Use Regulations
18.09.020 Permitted Use Table
City of Bainbridge Island 24
City Council Public Hearing Draft, Title 18, Zoning November 2011
18.09.020 PERMITTED USE TABLE
Table 18.09.020 identifies the land uses allowed within all zoning districts. No new use
or expansion of an existing use may be established except in conformance with the
applicable procedures in Title 2, the following tables, the applicable use-specific
regulations referenced in the tables, and any other applicable state or local regulations.
Other standards may apply, including, but not limited to, parking, landscaping, and
lighting.
A. Additional Restrictions in Shoreline Master Program BIMC 16.12
In addition to Table 18.09.020 properties located within the shoreline
jurisdiction are subject to the Shoreline Master Program permitted use table
16.12. A proposed use of land is only allowed if it is permitted under both
use tables.
B. Additional Restrictions in Critical Areas Regulations BIMC 16.20
In addition to Table 18.09.020 properties containing Critical Areas are
subject to Critical Areas regulations in BIMC Title 16.20. A proposed use of
land is only allowed if it is permitted under both use tables.
C. Additional Restrictions in District Performance Standards BIMC
18.06
In addition to Table 18.09.020 a proposed use of land is subject to district
performance standards in BIMC 18.06.
D. Additional Restrictions in Ferry Terminal District
In addition to Table 18.09.020 a proposed use of land is subject to additional
landscaping, parking, and access requirements as footnoted in Table
18.09.020.
E. Additional Restrictions in Stormwater Regulations BIMC 15.20.
In addition to Table 18.09.020 a proposed use of land is subject to additional
stormwater regulations required in BIMC 15.20.
City of Bainbridge Island 25
City Council Public Hearing Draft, Title 18, Zoning November 2011
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use
“C” = Conditional Use Blank = Prohibited Use
“CA” = Conditional Accessory Use “T” = Temporary Use
Additional Use restrictions for BIMC 16.12 and 16.20 may apply to shoreline or critical area properties
ZONING DISTRICT
USE CATEGORY / TYPE
R- 0.4 R- 1 R-2 R- 2.9 R- 3.5 R- 4.3 R-5 R-6 R-8 R-14
Winslow Mixed Use Town Center HSR I
and II NSC
B/I
WD-I
Use Specific
Standards 18.09.030 CC MA EA Gate Ferry[1]
PRINCIPAL USES
AGRICULTURAL
Note: Agricultural uses may be subject to additional requirements in BIMC 16.12.220 Forest Practices.
All agricultural uses are subject to the Critical Area regulations in BIMC 16.20.
Agricultural uses are not allowed within the shoreline jurisdiction pursuant to BIMC 16.12.
Agriculture, Animal P P P C C C C P A-1
Agriculture, Crop P P P P P P P P P P P A-2
Agriculture Research Facility C C C A-3
Agricultural Processing P P
RESIDENTIAL
Note: Residential uses may be subject to additional requirements in BIMC 16.12.260 Residential development
Household Living
Single-family Dwelling P P P P P P P P P P P P P P P P P B-1
Single-family Dwelling existing on April 15,1996 P P P B-1
Multifamily Dwellings C C C C C C P C P P P P P P P P P B-2
City of Bainbridge Island 26
City Council Public Hearing Draft, Title 18, Zoning November 2011
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use “C” = Conditional Use
Blank = Prohibited Use “CA” = Conditional Accessory Use
“T” = Temporary Use
Additional Use restrictions for BIMC 16.12 and 16.20 may
apply to shoreline or critical area properties
ZONING DISTRICT
USE CATEGORY / TYPE
R-
0.4
R-
1 R-2 R-
2.9
R-
3.5
R-
4.3 R-5 R-6 R-8 R-
14
Winslow Mixed Use
Town Center HSR I and
II
NSC B/I
WD-
I
Use Specific Standards
18.09.030 CC MA EA Gate Ferry[1]
Commercial/Residential Mixed-
Use Developments P P B-3
Group Living
Foster Home P P P P P P P P P P P P P P P P
Small Group Living Facility P P P P P P P P P P P P P P P P P
Group Care Facility C C C C C C C C C P P P P P C P P C C
PUBLIC AND INSTITUTIONAL
Community and Educational
Facilities
Educational Facility C C C C C C C C C P P P P C C P C C C C-1
Governmental Facility C C C C C C C C C P P P P C C P C C C C-2
Religious Facility C C C C C C C C C P P P P C C P C C C C-3
Parks and Park-related
Note: Parks and Park-related uses may be subject to additional requirements in BIMC 16.12.250 Recreational Development
Community Garden P P P P P P P P P P P P P P P P P C-4
Park, Active Recreation P P P C C C C C C C P P P P P P P P
Park, Passive Recreation P P P P P P P P P P P P P P P P P P
City of Bainbridge Island 27
City Council Public Hearing Draft, Title 18, Zoning November 2011
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use “C” = Conditional Use
Blank = Prohibited Use “CA” = Conditional Accessory Use
“T” = Temporary Use
Additional Use restrictions for BIMC 16.12 and 16.20 may
apply to shoreline or critical area properties
ZONING DISTRICT
USE CATEGORY / TYPE
R-
0.4
R-
1 R-2 R-
2.9
R-
3.5
R-
4.3 R-5 R-6 R-8 R-
14
Winslow Mixed Use
Town Center HSR I and
II
NSC B/I
WD-
I
Use Specific Standards
18.09.030 CC MA EA Gate Ferry[1]
Recreation Activity, Indoor C C C C C C C C C C P P P P P P C C P
Recreation Activity, Outdoor P C C C C C C C C C C C C C C C C C P
Other Public and Institutional
Cemetery C C C
Day Care Center C C C C C C C C C C P P P P P P P P C-5
Family Day Care Home P P P P P P P P P P P P P P P P P C-6
Healthcare Facility C C C C C C C C C P P P P P C P P C C-7
CULTURAL AND
ENTERTAINMENT
Artist Studio P P P P P P P P
Club C C C C C C C C C C P P P P P P P
Commercial Amusement P P P P P P C
Cultural Facility C C C C C C C C C C P P P P P P C C C
Entertainment Facility P P C
COMMERCIAL SALES AND SERVICE
Note: Commercial Sales and Service uses may be subject to additional requirements in BIMC 16.12.200 Commercial development
Accommodation
City of Bainbridge Island 28
City Council Public Hearing Draft, Title 18, Zoning November 2011
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use “C” = Conditional Use
Blank = Prohibited Use “CA” = Conditional Accessory Use
“T” = Temporary Use
Additional Use restrictions for BIMC 16.12 and 16.20 may
apply to shoreline or critical area properties
ZONING DISTRICT
USE CATEGORY / TYPE
R-
0.4
R-
1 R-2 R-
2.9
R-
3.5
R-
4.3 R-5 R-6 R-8 R-
14
Winslow Mixed Use
Town Center HSR I and
II
NSC B/I
WD-
I
Use Specific Standards
18.09.030 CC MA EA Gate Ferry[1]
Bed and Breakfast (3+
bedrooms) C C C C C C C C C C P P P P P P P
Hotel P C P P D-1
Animal Sales and Service
Equestrian Facility C P
Kennel, Indoor C P
Kennel, Outdoor C C
Veterinarian Clinic or Office C C C C C C C C C P P P P P C P C P
Food and Beverage
Formula Take-Out Restaurant P D-2
Restaurant P P P P P P P
Food Service Establishment P D-3
Mobile Retail Food Establishment P P P P P P P P P D-4
Offices and Services
Personal Service P P P P P P P D-5
Professional Service P P P P P P P C D-6
Retail
City of Bainbridge Island 29
City Council Public Hearing Draft, Title 18, Zoning November 2011
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use “C” = Conditional Use
Blank = Prohibited Use “CA” = Conditional Accessory Use
“T” = Temporary Use
Additional Use restrictions for BIMC 16.12 and 16.20 may
apply to shoreline or critical area properties
ZONING DISTRICT
USE CATEGORY / TYPE
R-
0.4
R-
1 R-2 R-
2.9
R-
3.5
R-
4.3 R-5 R-6 R-8 R-
14
Winslow Mixed Use
Town Center HSR I and
II
NSC B/I
WD-
I
Use Specific Standards
18.09.030 CC MA EA Gate Ferry[1]
Commuter-Oriented Retail Sales P D-7
Open-air Sales for Garden Supply C C C P
Retail Sales P P P P P P D-8
PRIVATE MOTOR VEHICLE RELATED
Note: Private Motor Vehicle Related uses may be subject to additional requirements in BIMC 16.12.270 Transportation facilities
Auto Repair Services C C E-1
Car Wash Facility, Manual or Automatic C C C
Commercial Parking Structure C
Commercial Parking, Surface P P E-2
Ferry Commuter Parking P P P E-3
Gasoline Service Station C C
Motor Vehicle Sales C E-4
Non-commuter Ferry Parking C E-5
Park and Ride Facility/Lot C C C C C C C E-6
Park and Ride Lot, Shared-use C C C C C C C C C C C C C C E-7
City of Bainbridge Island 30
City Council Public Hearing Draft, Title 18, Zoning November 2011
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use “C” = Conditional Use
Blank = Prohibited Use “CA” = Conditional Accessory Use
“T” = Temporary Use
Additional Use restrictions for BIMC 16.12 and 16.20 may
apply to shoreline or critical area properties
ZONING DISTRICT
USE CATEGORY / TYPE
R-
0.4
R-
1 R-2 R-
2.9
R-
3.5
R-
4.3 R-5 R-6 R-8 R-
14
Winslow Mixed Use
Town Center HSR I and
II
NSC B/I
WD-
I
Use Specific Standards
18.09.030 CC MA EA Gate Ferry[1]
Small Engine Repair C C
Transport and Delivery Service P C P E-8
Motor Vehicle-Related Services, Not Including Retail and Not
Otherwise Listed
C
UTILITY AND TELECOMMUNICATIONS
Note: Utility and Telecommunications uses may be subject to additional requirements in BIMC 16.12.280
Communication Tower or Antenna P
Monopole or Lattice Tower P P
Small Wind Energy Generator C C C C C C C C C C C C C C C C P/C P/C P/C F-1
Solar Panel C C C C C C C C C C C C C C C C C C C
Utility, Primary C C C C C C C C C C C C C C C C C P C F-2
Wireless Communication
Facilities, Facility I P P P P P P P P P P P P P P P P P P P F-3
Wireless Communication Facilities, Facility II P P P P P P P P P P F-3
Wireless Communication
Facilities, Facility III P P P F-3
City of Bainbridge Island 31
City Council Public Hearing Draft, Title 18, Zoning November 2011
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use “C” = Conditional Use
Blank = Prohibited Use “CA” = Conditional Accessory Use
“T” = Temporary Use
Additional Use restrictions for BIMC 16.12 and 16.20 may
apply to shoreline or critical area properties
ZONING DISTRICT
USE CATEGORY / TYPE
R-
0.4
R-
1 R-2 R-
2.9
R-
3.5
R-
4.3 R-5 R-6 R-8 R-
14
Winslow Mixed Use
Town Center HSR I and
II
NSC B/I
WD-
I
Use Specific Standards
18.09.030 CC MA EA Gate Ferry[1]
INDUSTRIAL USES Note: Industrial uses may be subject to additional requirements in BIMC 16.12.230 Industry
Manufacturing and Production
Manufacturing, Small-scale C P
Manufacturing, Light P
Manufacturing, General C
Mining and Quarrying C C C G-1
Research and Development P
Waste and Salvage
Recycling Center C C C C C C G-2
Waste Transfer Facility C G-3
Warehouse and Freight
Movement
Commercial Moving and Freight Terminal C
Self-service Storage Facility C P G-4
Warehouse P
City of Bainbridge Island 32
City Council Public Hearing Draft, Title 18, Zoning November 2011
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use “C” = Conditional Use
Blank = Prohibited Use “CA” = Conditional Accessory Use
“T” = Temporary Use
Additional Use restrictions for BIMC 16.12 and 16.20 may
apply to shoreline or critical area properties
ZONING DISTRICT
USE CATEGORY / TYPE
R-
0.4
R-
1 R-2 R-
2.9
R-
3.5
R-
4.3 R-5 R-6 R-8 R-
14
Winslow Mixed Use
Town Center HSR I and
II
NSC B/I
WD-
I
Use Specific Standards
18.09.030 CC MA EA Gate Ferry[1]
Ferry and Waterfront Related
Note: Ferry and Waterfront related uses may be subject to additional requirements in BIMC 16.12.180 Boating facilities; BIMC 16.12.190 Boat launches; and BIMC 16.12.340 Piers, docks, recreational floats, and mooring buoys
Barge Moorage and Off-load
Ships C H-1
Boat Building C H-2
Boat Repair Facility P H-3
Cross Harbor Passenger-only Ferry Terminal and Associated
Parking
C
Dry Storage for Boats and Marine Equipment P
Ferry Terminal and associated
docks, ramps, walkways, trails, waiting rooms, and holding areas P
Ferry Slips and Repair Facility P H-4
Marine Rental and Sales P
Marine Way C
Pleasure and Commercial Vessel Moorage P
City of Bainbridge Island 33
City Council Public Hearing Draft, Title 18, Zoning November 2011
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use “C” = Conditional Use
Blank = Prohibited Use “CA” = Conditional Accessory Use
“T” = Temporary Use
Additional Use restrictions for BIMC 16.12 and 16.20 may
apply to shoreline or critical area properties
ZONING DISTRICT
USE CATEGORY / TYPE
R-
0.4
R-
1 R-2 R-
2.9
R-
3.5
R-
4.3 R-5 R-6 R-8 R-
14
Winslow Mixed Use
Town Center HSR I and
II
NSC B/I
WD-
I
Use Specific Standards
18.09.030 CC MA EA Gate Ferry[1]
Small Boat Haul Out Facility P
Water-related Supply and Retail Sale P
ACCESSORY USES
Accessory Agricultural Education A A A A A A A A I-1
Accessory Agricultural Retail,
Minor A A A A A A A A I-2
Accessory Agricultural Retail,
Major CA CA CA CA CA CA CA CA I-3
Accessory Agricultural Special Event A A A A A A A A I-4
Accessory Agricultural Tourism A A A A A A A A
Accessory Composting Bin A A A A A A A A A A A A A A A A A A A
Accessory Dwelling Unit (outside
shoreline jurisdiction) A A A A A A A A A A I-5
Accessory Dwelling Unit (within shoreline jurisdiction) CA CA CA CA CA CA CA CA CA CA I-5
Accessory Agricultural Processing and Livestock and
Poultry Slaughtering
A A A A A A A A A I-6
City of Bainbridge Island 34
City Council Public Hearing Draft, Title 18, Zoning November 2011
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use “C” = Conditional Use
Blank = Prohibited Use “CA” = Conditional Accessory Use
“T” = Temporary Use
Additional Use restrictions for BIMC 16.12 and 16.20 may
apply to shoreline or critical area properties
ZONING DISTRICT
USE CATEGORY / TYPE
R-
0.4
R-
1 R-2 R-
2.9
R-
3.5
R-
4.3 R-5 R-6 R-8 R-
14
Winslow Mixed Use
Town Center HSR I and
II
NSC B/I
WD-
I
Use Specific Standards
18.09.030 CC MA EA Gate Ferry[1]
Accessory On-site Treatment and
Storage Facilities for Hazardous Wastes A A A I-7
Accessory Outdoor Storage A A A I-8
Accessory Raingarden/Swale A A A A A A A A A A A A A A A A A A A
Accessory Rainwater Harvesting
Barrel A A A A A A A A A A A A A A A A A A A I-9
Accessory Small Wind Energy Generator A A A A A A A A A A A A A A A A A A A I-10
Accessory Solar Panel A A A A A A A A A A A A A A A A A A A
Accessory Uses to Agriculture (not otherwise listed) A A A A A A A A
Accessory Utilities A A A A A A A A A A A A A A A A A A A I-11
Bed and Breakfast (1-2 bedrooms) A A A A A A A A A A A
Minor Home Occupations A A A A A A A A A A A A A A A A A I-12
Major Home Occupations CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA I-13
Non-Agricultural Accessory Uses and Structures (not otherwise listed) A A A A A A A A A A A A A A A A A A A I-14
City of Bainbridge Island 35
City Council Public Hearing Draft, Title 18, Zoning November 2011
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use “C” = Conditional Use
Blank = Prohibited Use “CA” = Conditional Accessory Use
“T” = Temporary Use
Additional Use restrictions for BIMC 16.12 and 16.20 may
apply to shoreline or critical area properties
ZONING DISTRICT
USE CATEGORY / TYPE
R-
0.4
R-
1 R-2 R-
2.9
R-
3.5
R-
4.3 R-5 R-6 R-8 R-
14
Winslow Mixed Use
Town Center HSR I and
II
NSC B/I
WD-
I
Use Specific Standards
18.09.030 CC MA EA Gate Ferry[1]
TEMPORARY USES
Temporary Construction Building T T T T T T T T T T T T T T T T T T T J-1
Temporary Container Storage T T T T T T T T T T T T T T T T T T T J-2
Temporary Contractor Parking T T T T T T J-3
Temporary Public Events or Gatherings T T T T T T T T T T T T T T T T T T J-4
Temporary Ferry Commuter
Parking T T T J-5
Temporary Non-Commuter Parking T J-6
Temporary Seasonal Sales T T T T T T T T J-7
[1] In the Ferry Terminal District, all development shall include at least 10 percent of landscaped or naturally vegetated open space.
Parking may be located under the open space. Development south of Winslow Way shall include pedestrian walkways that connect to Winslow Way East and Olympic Drive Southeast, and/or that align with Cave Avenue and Ferncliff Avenue.
18.09 Use Regulations
18.09.030 Use Specific Standards
City of Bainbridge Island 36
City Council Public Hearing Draft, Title 18, Zoning November 2011
18.09.030 USE SPECIFIC STANDARDS
Regardless of whether a use is allowed as a permitted (“P”) use or as a conditional (“C”) use and
regardless of the zoning district in which the use is located there may be additional standards
that are applicable to the use, and the use must comply with such standards except as
authorized by this Code. The existence of these use specific standards is noted in the column
headed “Use Specific Standards,” which cross-references the section of the Code that imposes
the additional standard.
A. Agricultural
The purpose of agriculture is to provide for all forms of the keeping of livestock and
crop related activities, e.g., crop growing and processing, for commercial and
noncommercial agricultural ventures. All agricultural uses are subject to compliance
with the Critical Area regulations in BIMC 16.20. To the extent possible, agriculture
shall be treated as a preferred use in the zones in which it is a permitted use.
1. Agriculture, Animal
a. Maximum Animal Densities
The following maximum animal densities shall apply to all agricultural uses,
unless the City, its designee, or a qualified third party as approved by the
Director approves a farm management plan permitting a higher animal
density.
18.09 Use Regulations
18.09.030 Use Specific Standards
City of Bainbridge Island 37
City Council Public Hearing Draft, Title 18, Zoning November 2011
Table 18.09.030: Maximum Animal Densities
Large Livestock
[1]
Small Livestock
[1]
Poultry [3]
Minimum parcel size 20,000 square
feet N/A N/A
Maximum number if the
management standards in
subsection b ARE NOT met
1 per 2 gross
acres of open
space available
for grazing and
pasturing of the
animals [2]
1 per gross
acre of open
space available
for grazing and
pasturing of the
animals [2]
20 per gross
acre of land
Maximum number if the
management standards in
subsection b ARE met
3 per gross
acre of open
space available
for grazing and
pasturing of the
animals [2]
5 per gross
acre of open
space available
for grazing and
pasturing of the
animals [2]
50 per gross
acre of land
[1] Nursing young are not counted against permitted animal densities.
[2] Space available for grazing and pasturing animals shall not include critical areas
or their buffers where agriculture is prohibited per BIMC 16.20 or areas within the
shoreline jurisdiction as defined by BIMC 16.12.
[3] The keeping of roosters is only permitted on lots outside of the Mixed Use Town
Center.
b. Management Standards
All agricultural facilities must comply with applicable governmental standards
and guidelines, including those established by the U.S. Department of
Agriculture, the U.S. Environmental Protection Agency, the Washington State
Department of Ecology, and the Kitsap County Health District.
i. Compliance with Storm Water Regulations. All agricultural uses shall
comply with those storm water regulations in BIMC 15.20.
ii. Access to Streams. Large Livestock access to streams and their buffers is
limited to stream crossing and water points that comply with Kitsap
Conservation District specifications. Fencing must be used, as necessary,
to prevent livestock access to streams except at those defined points.
Bridges may be used instead of stream crossings, provided that piers and
abutments are not placed waterward of the ordinary high water mark or
18.09 Use Regulations
18.09.030 Use Specific Standards
City of Bainbridge Island 38
City Council Public Hearing Draft, Title 18, Zoning November 2011
top-of-bank, whichever is greater. Bridges and fences must be designed
to allow free flow of floodwaters and must not diminish the flood carrying
capacity of the stream. A Hydraulic Project Approval permit through the
Washington State Department of Fish and Wildlife may be required.
iii. Grazing Areas. Grazing areas may extend to the property line except as
noted in this subsection b. Grazing areas shall maintain a vegetative
buffer from any wetland or from Type F and N streams pursuant to BIMC
16.20.
iv. Accessory Buildings and Heavy Use Areas. The property may contain a
heavy use area and/or accessory building subject to the following
conditions. No heavy use area and no accessory building or structure
used to house, confine, or feed livestock other than swine shall be
located (a) closer than 25 feet to any boundary property line (not
including internal property lines under same ownership) or (b) closer than
35 feet to any residence on adjacent property that is existing when the
accessory building or structure is built or the heavy use area is
established. No heavy use area and no accessory building or structure
used to house, confine, or feed swine shall be located (a) closer than 50
feet to any boundary property line (not including internal property lines
under same ownership), or (b) closer than 100 feet to any residence on
adjacent property that is existing when the accessory building or
structure is built or the heavy use area is established. Those minimum
setbacks can be reduced if the applicant establishes and maintains a
hedgerow planting that complies with the standards in the Natural
Conservation Resource Service’ Conservation Practice Standard on
Hedgerow Planting (Code 422, March 2008), which will be included or
cross-referenced in the Administrative Manual. If a conflict exists
between the city and a property owner regarding where the boundaries of
a heavy use area are defined, a third party, mutually agreed on by the city
and the landowner, can be utilized to help define the boundaries.
v. Manure Management. Management of manure shall follow Kitsap County
Health District requirements. Manure shall be stored in locations that (a)
avoid having runoff from the manure enter streams or wetlands, and (b)
maintain the required buffers listed in BIMC 16.20 (Critical Areas).
Surface flows and roof runoff shall be diverted away from manure storage
areas.
vi. Egg Laying Facility. All Egg Laying Facilities must comply with all
applicable governmental standards and guidelines, including those
established by the U.S. Department of Agriculture, the U.S. Environmental
18.09 Use Regulations
18.09.030 Use Specific Standards
City of Bainbridge Island 39
City Council Public Hearing Draft, Title 18, Zoning November 2011
Protection Agency, the Washington State Department of Ecology, and the
Kitsap County Health District, including without limitation those
addressing treatment of wastes, water discharge, odor control, and
setbacks from natural features and surrounding properties.
c. Farm Management Plan. Variations from the limits on maximum numbers of
Large or Small Livestock or poultry set forth in subsection a, or from the
Management Standards in subsection b, are only permitted through the
approval of a farm management plan approved by the City, its designee, or a
qualified third party as approved by the Director.
2. Agriculture, Crop
Annual and perennial crops from plants, bushes and trees are permitted subject
to compliance with all applicable state and federal laws and best management
practices, including practices established by the U.S. Department of Agriculture,
published or endorsed by the City or its designee.
3. Agricultural Research Facility
An Agricultural Research Facility shall be processed through a minor or major
non-agricultural conditional use permit, depending on the scope of the project.
B. Residential
1. Single Family Dwellings
a. In the NSC district, Single Family Dwellings must be in accordance with
zoning in the R-2 district except that bonus densities may be obtained
pursuant to 18.12.030.D if applicable.
b. Single-family dwellings in the Mixed Use Town Center:
i. Except for new single-family residences constructed pursuant to
subsection 1.b.ii, only single-family dwellings that were in existence and
being used as such prior to the enactment of Ordinance 96-08 are
allowed; existing Single Family Dwellings are subject to R-4.3 zoning
development standards.
ii. In the Mixed Use Town Center, any new single-family residences
proposed after the enactment of Ordinance 2010-09 shall only be
allowed through an approved subdivision that qualifies as a Housing
Design Demonstration Project pursuant to Chapter 18.38 BIMC.
18.09 Use Regulations
18.09.030 Use Specific Standards
City of Bainbridge Island 40
City Council Public Hearing Draft, Title 18, Zoning November 2011
2. Multifamily Dwellings
a. In the R-1 and R-2 districts, Multifamily Dwellings in the Fort Ward Historic
Overlay District are permitted (“P”) uses if they comply with BIMC 18.06.080
and 18.24.070.
b. In the R-8SF Overlay District, multifamily dwellings are not allowed.
c. In the NSC district, Multifamily Dwellings must be in accordance with zoning
in the R-2 district, except that bonus densities may be obtained if applicable
under BIMC 18.12.020 and 030.D.
d. In the NSC district, residential units must be located above the ground floor if
the building is located on a collector or secondary arterial or higher road
classification; however, for mixed-use projects, if the building fronts on a
local or private street, residential units can be located on the ground floor.
3. Commercial/Residential Mixed-Use Development
Principal and Accessory uses shall comply with the applicable development
standards and performance standards of the B/I and NSC districts as well as the
other standards listed here.
a. In the B/I district, a single residential unit for security and/or insurability of
the premises are permitted. No other residential uses are allowed; and
b. In the NSC district, residential units must be located above the ground floor if
the building is located on a collector or secondary arterial or higher road
classification; however, for mixed-use projects, if the building fronts on a
local or private street, residential units can be located on the ground floor.
Density for mixed use project in the NSC district shall be calculated pursuant
to 18.12.030.D.
C. Public and Institutional
Applications to locate uses categorized as educational facilities, governmental
facilities, religious facilities, healthcare facilities, cultural facilities, or clubs in BIMC
Table 18.09.020 in residential zones shall be processed as major conditional use
permits pursuant to BIMC 2.16.110.
1. Educational Facilities
a. In the B/I District, Educational Facilities, including vocational schools
preschools (including kindergarten classes), martial arts academies, and
other facilities not classified as public or private schools offering primary and
secondary education through the high school level are permitted (“P”) uses.
18.09 Use Regulations
18.09.030 Use Specific Standards
City of Bainbridge Island 41
City Council Public Hearing Draft, Title 18, Zoning November 2011
b. In the B/I District, Educational Facilities meeting the definition of common
schools referred to in Article IX of the State Constitution and established by
law and maintained at public expense and private learning institutions
established by law and maintained at private expense, offering primary and
secondary education through the high school level are conditional (“C”) uses.
c. In the WD-I district, Educational Facilities are a conditional (“C”) use.
Conference centers with overnight accommodations are not permitted.
d. In the Ferry Terminal overlay district Educational Facilities are only allowed
south of Winslow Way.
2. Governmental Facilities
a. In the WD-I district, Governmental Facilities are a conditional (“C”) use.
Conference centers with overnight accommodations are not permitted.
b. In the Ferry Terminal overlay district, Governmental Facilities are only allowed
south of Winslow Way.
3. Religious Facilities
a. In the WD-I district, Religious Facilities are a conditional (“C”) use.
Conference centers with overnight accommodations are not permitted.
b. In the Ferry Terminal overlay district Religious Facilities are only allowed
south of Winslow Way.
4. Community Gardens
a. The keeping of poultry pursuant to the density standards listed in
18.09.030.A.1 is allowed as an accessory use to community gardens. The
keeping of roosters is only allowed on parcels outside of the Mixed Use Town
Center.
5. Day Care Centers
a. A Day Care Center is subject to Site Plan and Design Review pursuant to BIMC
2.16.040.
b. A sight-obscuring fence of at least four feet in height as approved by the city
shall be provided, separating any outside area designated for use in relation
to the Day Care Center from abutting lots; and
c. Day Care Centers located in residential zones shall conform to all required
standards in BIMC 18.09.030.C.5 as well as any additional requirements
placed by the city after public comments are considered.
18.09 Use Regulations
18.09.030 Use Specific Standards
City of Bainbridge Island 42
City Council Public Hearing Draft, Title 18, Zoning November 2011
d. A Day Care Center shall not be located within 300 feet of another Day Care
Center, except for any Day Care Center that is an accessory use in a
community service facility.
e. No Day Care Center shall be located in a private family residence unless the
portion of the residence where the people receiving care have access is used
exclusively for the people receiving care during the hours the Center is in
operation, or is separate from the usual living quarters of the family.
f. Decision criteria. Facilities providing day care shall meet the following
provisions:
i. Structure(s) shall meet building, sanitation, health, traffic safety and fire
code requirements; and
ii. A minimum of one off-street parking space shall be provided for each
on-shift employee plus one space per 12 persons served; and
iii. An on-site vehicle turn-around or separate entrance and exit points, and
an on-site passenger loading area must be developed according to plans
approved by the city engineer. The city shall consider the location and
appearance of the proposed turn-around or access in determining
compatibility with surrounding uses; and
iv. Meet state child or adult care licensing requirements; and
v. Conform to the lot size, building size, setback and lot coverage
requirements of the underlying zones and/or applicable subdivision; and
vi. Comply with all business licensing requirements; and
vii. Structural or decorative alteration shall not be included in a residential
zone if that alteration changes the residential character of an existing
residential structure or would be incompatible with surrounding
residences; and
viii. Day care activities shall not be conducted before 5:00 a.m. or
after 9:00 p.m. in residential zones; and
ix. Structured area for active play or play structures shall not be located in
front setbacks in residential zones; and
x. Landscaping must exist or be installed on the site in a manner
compatible with abutting residences in residential zone according to a
plan approved by the department.
6. Family Day Care Home
A family day care home shall be permitted in all residential zoning districts.
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a. One off-street parking space is required for each on-shift, nonresidential
employee in addition to the residential parking requirements found in BIMC
18.15.020, Parking and Access Requirements. Residential driveways are
acceptable accessways.
b. Access streets, parking and/or loading areas shall accommodate the number
of estimated vehicle trips generated by the use.
c. Family Day Care Homes located within multifamily dwellings shall not be
operated from a combination of dwelling units.
7. Healthcare Facilities
In the Ferry overlay district Health Care Facilities are only allowed south of
Winslow Way.
D. Commercial Sales and Service
1. Hotel
In the Ferry overlay district, Hotels are permitted south of Winslow Way only.
2. Formula Take-out Restaurants
a. Any Formula Take-out Food Restaurant may not exceed 4,000 sq. ft. and
must be in a building that is shared with at least one other business that is
not a formula take-out food restaurant. Only one Formula Take-out Food
Restaurant is permitted per parcel, lot or tract on which all or a portion of a
building is located. No drive-through facilities are allowed.
b. In District 1 of the HSR zone, Formula Take-out Food Restaurants are
permitted east of SR 305 only.
c. The building and site design shall meet the design guidelines set forth in
BIMC18.18.030.E.
d. Outdoor storage areas, mechanical equipment, and utility vaults shall not be
visible from abutting streets and pedestrian walkways.
e. Site services shall be located on the least visible side of a building or site or
within interior building spaces to the maximum extent feasible.
f. All signs shall use natural materials such as wood, metal, masonry or stone.
g. There shall be no exterior vending machines such as soft drink dispensers,
ice cube freezers, and the like.
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h. Trash receptacles shall be placed at the entrances to any building containing
Formula Take-out Food Restaurants, and shall be maintained by those
businesses. Exterior receptacles shall not exhibit logos, company
colors/contours, or advertising.
3. Food Service Establishment
In the B/I district, Food Service Establishments must meet the following
standards:
a. The use shall be located interior to the B/I district or shall be fully screened
from public streets, and no signage shall face primary and secondary
arterials or collector streets;
b. The indoor area occupied by the food service business shall be limited to
2,000 sq. ft.; and
i. Food service available to employees and customers shall be limited
between 5:00 a.m. and 6:00 p.m.
4. Mobile Retail Food Establishment
Mobile Retail Food Establishments must meet the following standards:
a. The mobile business operator must obtain permission of the owner of the
property upon which the business is going to operate;
b. All operating locations must be approved by the City of Bainbridge Island
Department of Planning and Community Development;
c. The operating vehicle or structure shall be removed from the site of
operation at the end of the business day and the operator shall store/park
the vehicle or structure in a manner consistent with applicable provisions of
the BIMC;
d. No furniture such as tables or chairs shall be set up onsite in conjunction
with the mobile business;
e. Drive-through facilities are not allowed;
f. Besides signage existing on the mobile vehicle or structure, additional
signage is not allowed;
g. An applicant for a mobile retail food establishment must obtain a business
license, and must include a site plan to scale with the business license
application that demonstrates:
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i. Adequate parking exists on the subject site (including parking for
existing plus proposed uses). The mobile retail facility shall occupy a
maximum of two parking spaces;
ii. Traffic impacts can be mitigated; and
iii. The establishment will not be placed within a right-of-way or drive aisle.
If the establishment is placed within a loading dock, it must move if the
loading dock is needed for the primary use.
h. The mobile retail food establishment must meet the requirements of the
Kitsap County Health District.
5. Personal Services
a. In the Ferry Terminal overlay district, Personal Services may be located
anywhere south of Winslow Way.
b. In the Ferry Terminal overlay district, north of Winslow Way, Personal Services
are permitted only along Winslow Way, within 100 feet north of Winslow Way.
Buildings shall have customer entrances on Winslow Way.
6. Professional Services
a. In the Ferry Terminal overlay district, Professional Services may be located
anywhere south of Winslow Way.
b. In the Ferry Terminal overlay district, north of Winslow Way, Professional
Services are permitted only along Winslow Way, within 100 feet north of
Winslow Way. Buildings shall have customer entrances on Winslow Way.
c. In the B/I district, professional offices shall be limited to those that do not
provide services directly to the general public or attract customers from the
general public. For example, accountant, lawyers, and architects offices are
not permitted. Establishments that provide professional services to other
businesses are permitted, such as civil, mechanical, or electrical engineers
and research and development establishments.
7. Commuter-oriented Retail Sales
a. Commuter-oriented Retail Sales must not exceed 2000 square feet, and must
not require customer parking.
b. In the Ferry Terminal overlay district, north of Winslow Way, Commuter-
oriented Retail is permitted only along Winslow Way, within 100 feet north of
Winslow Way. Buildings shall have customer entrances on Winslow Way.
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c. In the Ferry Terminal overlay district, Commuter-oriented Retail may be
located anywhere south of Winslow Way.
d. For new buildings greater than one story, a residential component must be
included in the building.
8. Retail Sales
a. In the NSC district:
i. Retail Buildings with a footprint up to 5,000 sq. ft. are a permitted (“P”)
use.
ii. Retail Buildings with a footprint greater than 5,000 sq. ft. but less than
10,000 sq. ft. are a conditional (“C”) use.
iii. Businesses shall screen all outdoor storage in accordance with
18.06.050.B.10, except for outdoor storage for Agricultural Produce
Sales, or Landscaping Retail Sales.
b. In the HSR II District:
i. Retail Buildings are a permitted (“P”) use up to 5,000 sq. ft.
ii. Retail Buildings with a footprint between 5,000 sq. ft. and 14,400 sq. ft.
are permitted through a conditional use permit.
iii. Businesses shall screen all outdoor storage.
c. In the Central Core, Retail development exceeding 5,000 sq. ft. per building
footprint is allowed only on Winslow Way and Madison Avenue. Drive-
through Retail Businesses are not permitted.
d. In the Madison Avenue, Ericksen Avenue, Gateway, High School Road I and II,
and Central Core districts, Drive-through Businesses are not permitted.
e. In the Mixed Use Town Center, retail businesses with screened outdoor
storage are not allowed.
f. In the Madison Avenue and Ericksen Avenue districts, new Retail Buildings of
more than one story must be accompanied with residential development.
g. In the B/I District:
On-site retail sales to the general public must comply with the following
standards:
i. Sales are limited to goods or products manufactured or utilized on the
premises;
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ii. Sales to the general public are clearly subordinate to the primary use of
the property as permitted in the B/I district; store-front retail businesses
are not permitted in the B/I district;
iii. There shall be no signage advertising the on-site sales or services to the
general public;
iv. There shall be no additional on-site parking allowed beyond what is
required for the primary use; and
v. Notwithstanding subsections i. through iv. of this section, semiannual
sales to the general public of items manufactured on-site is allowed;
provided, that each sales event lasts no more than two consecutive days.
E. Private Motor and Vehicle Related
1. Auto Repair Services
a. Auto Repair Services are subject to standards in BIMC 16.20.120.
b. Any automobiles remaining on site for more than 72 hours are to be
screened according to the outdoor storage development standards in BIMC,
18.06.050.B.10.
2. Commercial Parking, Surface
a. Commercial Parking is subject to the parking standards in BIMC 18.15.020.G.
3. Ferry Commuter Parking
a. Ferry Commuter Parking is limited to the 1,201 commuter parking spaces in
the Gateway, Ferry Terminal overlay and Central Core districts, as shown in
Figure 6.2 and table 6-3 of the Winslow Master Plan. The rights to these
spaces may be bought, sold, traded, leased or otherwise exchanged between
the properties.
b. Temporary Ferry Commuter Parking is subject to the parking standards in
BIMC18.15.020.F.
4. Motor Vehicle Sales
a. All business shall be conducted wholly within an enclosed building.
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5. Non-commuter Ferry Parking
Permanent Non-commuter Ferry Parking is permitted in accordance with the
parking regulations set forth in BIMC18.15.020.E.1.
6. Park and Ride Facility/Lot
All park and ride lots will be limited to locations adjoining arterial or collector
streets and shall provide auto access only from arterial or collector (not local)
streets.
7. Park and Ride Lot, Shared Use
Shared Park and Ride Lots shall comply with all use standards for Park and Ride
Lots.
8. Transport and Delivery Services
Transport and Delivery Services are subject to a limitation of 50 one-way trips.
Facilities requiring higher levels of trips will require conditional use approval.
F. Utility and Telecommunications
1. Small Wind Energy Generator
A Small Wind Energy Generator is a Permitted use in NSC, B/I, and WD-I zone
districts if it complies with height and width setback requirements of the zone
district, and will be a Conditional use in the NSC, B/I, and WD-I zone districts if it
does not comply with height and width set back requirements.
2. Utility, Primary
Primary Utility facilities and equipment are subject to standards in BIMC
16.12.120 Shoreline Master Program, and BIMC 16.20.130.C.11 Critical Areas
regulations.
3. Wireless Communications Facility
The equipment shelter and antennas of Wireless Communication Facilities are
exempted from the definition of “Structure.”
a. Development standards for a Facility I.
i. The Facility I shall be located on buildings or other structures. The Facility
I may be located on buildings and structures that contain mixed uses;
ii. Antennas equal to or less than four feet in height and with an area of not
more than 580 square inches in the aggregate (e.g., 14-inch diameter
parabola or 2.6-foot by 1.5-foot panel) are exempt from the height
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limitation of the zone in which they are located. (For example, in some
zones the maximum height of a building is 35 feet. A Facility I can go up
to 39 feet and still be within the height limit). Placement of a Facility I
antenna or related components on a nonconforming structure shall not
be considered to be an expansion of the nonconforming structure. In
measuring antenna area for wireless communication facilities, the area of
the antennas is calculated on a 2-dimensional plane (width x height).
Therefore multiple antennas are allowed if they do not exceed the area
requirement;
iii. The shelter or cabinet used to house radio electronics equipment must be
concealed from view and/or camouflaged. This can be accomplished
through landscaping or other screening and through the use of
compatible building materials;
iv. In Single-family Residential areas, a Facility I shall be separated from any
other Facility I by a distance equal to or greater than 500 linear feet;
v. The Facility I antenna and components shall be the same color as the
existing building, pole or support structure on which it is to be located;
vi. A building permit shall be required to construct a Facility I; and
vii. Roof-mounted facilities must be set back a minimum of 10 feet from the
edge of the roof.
b. Development standards for a Facility II:
i. The Facility II may be located on buildings and other structures;
ii. The shelter or cabinet used to house radio electronics equipment must be
concealed from view and/or camouflaged. This can be accomplished
through landscaping, fencing or other architectural screening by using
compatible building materials and colors;
iii. A Facility II shall comply with the height limitation specified for all zones,
except omni-directional antennas may exceed the height limitation by 12
feet. The permitted antenna height includes the wireless communication
support structure. Placement of a Facility II antenna or related
components on a nonconforming structure shall not be considered to be
an expansion of the nonconforming structure;
iv. The Facility II antenna and components shall be the same color as the
existing building, pole or support structure on which it is to be located;
v. A building permit shall be required to construct a Facility II;
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vi. Roof-mounted facilities must be set back a minimum of 10 feet from the
edge of the roof; and
vii. In the R-0.4 zone, a Facility II must be set back at least 100 feet from
each lot line. The director may grant a waiver of up to 25 percent of the
setback requirement for monopoles and lattice towers if it is determined
that significant trees and other vegetation will be retained by reducing
the setback.
c. Development standards for a Facility III:
i. The shelter or cabinet used to house radio electronics equipment must be
concealed and/or camouflaged;
ii. A Facility III shall comply with the height limitation specified for all zones,
except as follows: Omni-directional antennas may exceed the height
limitation by 15 feet. Placement of a Facility III antenna or related
components on a nonconforming structure shall not be considered to be
an expansion of the nonconforming structure;
iii. The Facility III antenna and components shall be the same color as the
existing building, pole or support structure on which it is to be located;
iv. A building permit shall be required to construct a Facility III;
v. Roof-mounted facilities must be set back a minimum of 10 feet from the
edge of the roof; and
vi. In the R-0.4 zone, a Facility III must be set back at least 100 feet from
each lot line. The director may grant a waiver of up to 25 percent of the
setback requirement for monopoles and lattice towers if it is determined
that significant trees and other vegetation will be retained by reducing
the setback.
d. Development standards for monopoles and lattice tower support structures.
i. Monopoles and lattice towers are permitted through the Site Plan and
Design Review process, pursuant to BIMC 2.16.040.
ii. A monopole or a lattice tower is considered a structure.
iii. Monopoles and lattice towers located in the R-0.4 zone must be set back
from each lot line one foot for every foot of height of the monopole or
lattice tower. A monopole or lattice tower must be set back a minimum of
100 feet from SR 305. The director may grant a waiver of up to 25
percent of the setback requirement for monopoles and lattice towers if it
is determined that significant trees and other vegetation will be retained
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by reducing the setback. The director may waive the setback requirement
for public safety communications towers.
iv. The maximum height of a monopole or lattice tower is 60 feet for one
carrier or 120 feet if two or more carriers are located on the monopole or
lattice tower. A permitted co-location monopole or lattice tower that does
not have two or more carriers located on it for a period of one year or
more shall be modified to conform to the single carrier height of 60 feet.
v. Public safety communications tower height shall be less than 200 feet.
Where public safety communications towers exceed 120 feet in height,
applications for Site Plan Review or building permits shall include
documentation that the proposed height is the minimum necessary to
provide adequate facility for public safety communications. The
application shall also include an acceptable plan for reducing the height
of the tower in the future if technological advances make deployment at a
lower level feasible.
vi. The lot on which the monopole or lattice tower is to be constructed must
be legally conforming;
vii. The facility must be screened in accordance with subsection e below;
viii. Monopoles and lattice towers located in the B/I zone must be set
back a minimum of 100 feet from any residentially zoned property. The
minimum setback along SR 305 is 100 feet;
ix. Antennas that extend above the wireless communications support
structure shall not be calculated as part of the height of a monopole or
lattice tower;
x. Co-location on an existing support structure is to be permitted. A Facility
III is the largest wireless communication facility allowed on a monopole or
lattice tower;
xi. The shelter or cabinet used to house radio electronics equipment and the
associated cabling connecting the equipment shelter or cabinet to the
monopole or lattice tower must be concealed and/or camouflaged
through landscaping, fencing, or other architectural screening by using
compatible building materials and colors; and
xii. A building permit shall be required to construct a monopole or
lattice tower.
e. Additional criteria for monopoles and lattice towers. In addition to the
criteria specified in subsection d above, the following specific criteria must
be met before a building permit can be granted:
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i. Visual Impact. Antennas may not extend more than 15 feet above their
supporting structure, monopole, lattice tower, building or other
structure. Site location and development shall preserve the pre-existing
character of the site as much as possible. Wireless communication towers
and accessory equipment (equipment shelters and cabinets) shall be
integrated through location, design, and color to blend in with the
existing site characteristics to the greatest extent practical. Existing
vegetation around the facility shall be preserved or improved upon to
provide vegetative screening. A minimum of two-thirds of the height of
the monopole or lattice tower must be screened by existing vegetation
when possible. Additional screening may be required by the planning
director to mitigate visual impacts to adjoining properties or public
rights-of-way as determined by site-specific conditions. Screening
requirements shall include a slatted chain-link fence, with full screen
landscaping, as required in BIMC18.15.010.D.4.a, around the outer
perimeter of the fence, except as necessary for egress; and
ii. Noise. No equipment shall be operated above 45 dB as measured from
the nearest property line on which the attached wireless communication
facility is located.
f. Exemption.
The following is exempt from the requirements of Site Plan Review process,
and shall be considered a permitted (“P”) use in all zones where wireless and
attached wireless communications facilities are permitted. Building permits
shall be required for these uses:
i. Minor modifications to existing wireless communications facilities and
attached wireless communications facilities, whether emergency or
routine, provided there is little or no change in the visual appearance.
Minor modifications are those modifications, including the addition of
antennas to wireless and attached wireless communications facilities, that
meet the provisions of this chapter;
ii. Additions to the height of public safety communications towers.
g. Design and Site Plan review
i. In R-0.4, Wireless Communication Towers over 30 feet in height shall
require Site Plan and Design Review pursuant to BIMC 2.16.040.
ii. In the B/I district, Wireless Communication Towers over 35 feet in height
shall require Site Plan and Design Review pursuant to BIMC 2.16.040.
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iii. Site Plan Review applications are required for all new non-residential
structures. Therefore, Site Plan and Design Review will continue to be
required for new monopoles and lattice towers to balance the potential
impacts upon adjoining and surrounding land uses.
iv. Co-location of any Wireless Communication Facility and the erection of
Facilities on existing structures meeting the regulations of this BIMC
18.09.030.F.3 will continue to require a building permit, but will not
require a Site Plan and Design Review.
G. Industrial Uses
1. Mining and Quarrying
a. No mining or quarrying activities shall be conducted within 500 feet of a
property zoned R-2.9 through R-14.
b. All mining and quarrying operations shall maintain a full screen landscaped
buffer meeting the standards of sec. 18.15.010.D.4.a and at least 50 feet
wide around each area of mining or quarrying activity. The width of the
buffer may be increased up to 100 feet by the Planning Director through the
same standards that apply to B/I district buffers found in 18.06.050.B.10.
c. All mining and quarrying operations shall comply with all applicable
performance standards in BIMC 18.06.070.B (performance standards for the
WD-I zone district).
d. All mining and quarrying operations shall comply with all applicable
requirements of RCW Chapter 78.44 and WAC Chapter 332-18 (Surface
Mining Act) and RCW Chapter 78.56 (Metal Mining and Milling ACT).
e. All mining and quarrying shall comply with all applicable performance
standards in BIMC 16.28.030.
f. All mining and quarrying operations within the shoreline jurisdiction shall
comply with the requirements in BIMC 16.12.240.
g. Reclamation for mining and quarrying operations shall be required pursuant
to Chapter 78.44 RCW.
2. Recycling Center
a. In the R-0.4 zone, Recycling Centers are permitted (“P”) uses provided that
the subject property has a minimum lot area of two and one-half acres.
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b. In the R-1 district, Recycling Centers are permitted (“P”) uses provided that
the subject property has a minimum lot area of one acre and has frontage on
an arterial.
3. Waste Transfer Facility
a. No waste transfer facility operation shall be conducted within 500 feet of a
property located in any zone district other than the R-0.4 zone district.
b. All waste transfer facility operations shall maintain a full screen landscaped
buffer meeting the standards of section 18.15.010.D.4.a and at least 50 feet
wide around each waste transfer facility operation. The width of the buffer
may be increased up to 100 feet by the Planning Director through the same
standards that apply to B/I district buffers.
c. All waste transfer facility operations and operators shall comply with all
applicable requirements of RCW Chapter 70.95 (Solid Waste Management),
WAC Chapter 173.350 (Solid Waste Handling Standards), and WAC Chapter
173.351 (Criteria for Municipal Solid Waste Landfills), including the
requirement to obtain and maintain a current Solid Waste Permit and to
comply with all conditions attached to that permit.
4. Self-service Storage Facilities
In the NSC district, Self-service Storage Facilities are a permitted (“P”) use
provided that no outdoor storage is visible from abutting properties and public
rights-of-way.
H. Ferry and Waterfront Related
1. Barge Moorage and Off-load Slips
In the WD-I district, Barge Moorage and Off-load Slips are conditional (“C”) uses
for property located on the south shore of Eagle Harbor.
2. Boat Building
In the WD-I district, Boat Building is a permitted (“P”) use for property located on
the north shore of Eagle Harbor. For property South of Eagle Harbor, Boat
Building is a conditional (“C”) use.
3. Boat Repair Facilities
Boat Repair Facilities are subject to standards in BIMC 16.12.120.
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4. Ferry Slips and Repair Facilities
In the WD-I district, ferry slips and repair facilities are permitted (“P”) for
property located on the north shore of Eagle Harbor only.
I. Accessory Uses
1. Accessory Agricultural Education
a. Accessory agricultural education that generates more than 36 round trips per
day on average must be reviewed through an Agricultural Conditional Use
Permit pursuant to BIMC 2.16.050.E.
2. Accessory Agricultural Retail, Minor
a. A permitted or approved conditional agricultural use may have any number
of accessory agricultural-related events such as agricultural tourism.
b. Parking shall be provided on-site that accommodates the anticipated traffic
volumes and does not adversely impact sensitive areas or water quality.
c. The use must comply with all applicable local, county, state and/or federal
requirements.
3. Accessory, Agricultural Retail, Major
a. Major accessory agricultural retail activities must meet the same standards
applicable to minor accessory agricultural retail activities, except that (i) the
limitation on agricultural special events does not apply, and (ii) the
provisions of b and c below apply.
b. All applicants for major agricultural retail must apply for and obtain an
Agricultural Retail Plan through the Agricultural Conditional Use procedure in
BIMC 2.16.050.
c. The activity may continue as long as the use continues to comply with the
criteria that were in effect at the time of original approval. If the activity
ceases operation for more than one year (four consecutive seasons) it shall
be required to reapply.
4. Accessory Agricultural Special Event
a. A permitted or approved conditional agricultural use may have any number
of agricultural-related special events.
b. A permitted or approved conditional agricultural use may have a maximum of
four non-agricultural special events (such as weddings, conferences or
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parties) per year. A special event can last up to a maximum of two
consecutive days. If the special event lasts longer than two consecutive days,
each additional period of up to two days shall be considered a separate
special event.
c. An agricultural special event shall be reviewed through the agricultural retail
process.
5. Accessory Dwelling Unit
a. An Accessory Dwelling Unit may be created within, or detached from, any
Single-family Dwelling, whether existing or new, as a subordinate use, where
permitted (“P”) by this chapter.
b. In the shoreline jurisdiction, an Accessory Dwelling Unit may be created
within, or detached from, any Single-family Dwelling, whether existing or
new, as a subordinate use, where conditional (“C”) pursuant to this chapter.
See BIMC 16.12 for shoreline conditional use process.
c. Only one Accessory Dwelling Unit may be created per parcel.
d. No variances shall be granted for an Accessory Dwelling Unit.
e. One off-street parking space shall be provided in addition to off-street
parking that is required for the primary dwelling.
f. Accessory Dwelling Units shall be designed to maintain the appearance of the
primary dwelling as a Single-family Dwelling containing 800 sq. ft. of floor
area or less. If a separate outside entrance is necessary for an Accessory
Dwelling Unit located within the primary dwelling, that entrance must be
located either on the rear or side of the building.
g. If an accessory dwelling unit is constructed in conjunction with a garage, the
square footage of the garage shall not count towards the 800 square-foot
limitation.
h. An accessory dwelling unit not attached to the single-family dwelling may
not contain any accessory use other than a garage.
i. No recreational vehicle shall be an accessory dwelling unit.
j. When stairs utilized for the ADU are enclosed within the exterior vertical
walls of the building, they shall count towards the floor area of the ADU.
k. The ADU shall share a single driveway with the primary dwelling.
l. School impact fees and qualified exemptions from those fees as provided in
BIMC 15.28 shall apply.
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m. All other applicable standards including, but not limited to, lot coverage,
setbacks, parking requirements, and health district or city requirements for
water, sewer, and/or septic must be met.
6. Accessory Agricultural Processing & Livestock or Poultry Slaughtering
a. Accessory Agricultural Processing and Livestock or poultry slaughtering must
comply with all applicable governmental standards and guidelines, including
those established by the U.S. Department of Agriculture, the U.S.
Environmental Protection Agency, the Washington State Department of
Ecology, the Washington State Department of Agriculture, and the Kitsap
County Health District, including without limitation those addressing
treatment of wastes, water discharge, odor control, and setbacks from
natural features and surrounding properties.
b. If the livestock or poultry to be slaughtered are not raised on the property
but are transported onto the property for slaughtering, an agricultural retail
plan shall be required to be approved through the Agricultural Conditional
Use process in BIMC 2.16.050, and the activity shall be required to comply
with the terms of that agricultural retail plan once approved.
c. If slaughtering activities take place outdoors and are located within 100 feet
of any residence on adjacent property that was existing when the
slaughtering activity began, they shall be screened by permanent or
temporary structures so that slaughtering activities cannot be seen from
adjacent residential properties.
7. Accessory On-site Treatment and Storage Facilities for Hazardous Wastes
This use is subject to the state siting criteria of Chapter 70.105 RCW.
8. Accessory Outdoor Storage
a. In the NSC district, Outdoor Storage is subject to the performance standards
of BIMC18.06.050.B.10.
b. In the WD-I district,
i. Outdoor Storage that does not exceed 1,000 sq. ft. in area and is
associated with an outright permitted use is a permitted (“P”) use; and
ii. Outdoor Storage greater than 1,000 sq. ft. in area and associated with an
outright permitted use is a conditional (“C”) use.
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9. Accessory Rainwater Harvesting Barrels
Accessory Rainwater Harvesting Barrels are a permitted accessory structure in all
zone districts.
10. Accessory Small Wind Generator System
Accessory Small Wind Generator Systems are subject to the height and setback
requirements of each district, including modifications pursuant to 18.12.040.
11. Accessory Utilities
Accessory Utilities structures within fish and wildlife habitat conservation areas
will be subject to utility standards in BIMC 16.20.130.C.11. They are also subject
to BIMC 18.12.040, Permitted Modifications.
12. Minor Home Occupations
Minor Home Occupations shall meet all of the following criteria:
a. The business, including operations and storage, shall occupy no more than
half of the residential gross floor area, which includes all accessory buildings.
If the business occupies an accessory building, the square footage of that
building shall not be larger than the primary residential building; and
b. The business shall be conducted wholly within a residence or an accessory
building and is clearly subordinate to the residence; and
c. No more than one person who is not a resident of the dwelling shall be
employed on-site in the home occupation; and
d. The appearance of the property shall not be visibly altered so as to look like
a business premises rather than a dwelling unit. No expansion of the parking
area is allowed beyond that required for the residence. No parking in the
setbacks or buffers is allowed; and
e. With the exception of home-based teaching, the use shall not generate more
than 5 round trips per day related to the home occupation. If the home-
based teaching business is located on property that abuts and has direct
access to a secondary and/or primary arterial street as designated on the
adopted street classification map, the business is allowed unlimited student-
related trips. If not, the home-based teaching businesses shall be allowed
up to 24 student-related trips per day; and
f. No outdoor storage or other exterior indication of the business shall be
visible beyond the subject property; and
18.09 Use Regulations
18.09.030 Use Specific Standards
City of Bainbridge Island 59
City Council Public Hearing Draft, Title 18, Zoning November 2011
g. Commercial vehicles shall not be used for the home occupation or stored on
the premises, other than that normally used by the applicant or an employee;
and
h. A business license from the City shall be obtained as required in BIMC Title 5;
and
i. No portion of the dwelling may be separately rented, leased, sold, or
occupied as a commercial space for any person not living in the premises;
and
j. No noise, vibration, emissions, dust, odor, heat or glare that would exceed
what is normally associated with a dwelling shall be produced by the
business beyond the subject property; and
k. No structural or decorative alteration or display is permitted related to the
home occupation, however, a two-square-foot wooden sign is permitted;
and
l. Delivery service shall neither restrict traffic circulation nor overload public or
private roads; and
m. Minor home occupations shall be permitted to continue as long as the use
continues to comply with the criteria that were in effect at the time of original
approval and as long as the business complies with local and state
regulations, such as renewing business licenses as required by ordinance;
and
n. The addition of a new home occupation is not a change of use and does not
require site plan review; and
o. The owner of the home occupation shall be a resident of the premises.
13. Major Home Occupations
Major Home Occupations shall comply with all use standards for Minor Home
Occupations and shall also meet the following requirements:
a. The building official shall determine the maximum occupancy load of the
structure(s) in which the home occupation is proposed; the city shall consider
this number along with all other pertinent facts and comments in
determining the maximum number of employees allowed on the premises to
work in the home occupation at any one time; and
b. The subject property shall not be altered except to install screening or
buffers. No parking in setbacks and buffers shall be allowed; and
c. No more than three vehicles shall be parked on or in the vicinity of the
property as a result of the business at any one time; and
18.09 Use Regulations
18.09.030 Use Specific Standards
City of Bainbridge Island 60
City Council Public Hearing Draft, Title 18, Zoning November 2011
d. On-site sales shall be limited to items produced on the premises or
incidental to the major home occupation; and
e. Accessways shall be accessible to emergency vehicles.
14. Non-Agricultural Accessory Uses and Structures (not Otherwise Listed)
a. In the B/I district, customary Accessory Uses such as administrative offices,
parking lots, outdoor storage of supplies or manufactured products,
employee lunch and recreation rooms, limited on-site sales of products and
a single residential unit for security and/or insurability of the premises are a
permitted (“P”) use if the primary use is a permitted use, or conditional (“C”)
uses if the primary use is a conditional use.
b. In the Residential zone districts, the keeping of up to 5 poultry is allowed as
an accessory use. The keeping of roosters is only permitted on lots outside
of the Mixed Use Town Center. Additional chickens are an Accessory Use to
Agriculture and are allowed only in districts where that use is permitted.
c. Accessory structures are allowed on a lot without a primary use, subject to
the following criteria:
i. The lot was contiguous to a lot under the same ownership as of the date
of construction of the accessory structure; and
ii. The size of the accessory structure, if constructed after________, 2011
[date of adoption] shall not exceed 800 square feet; and
iii. A boundary line adjustment or plat that separates an existing accessory
structure from a primary structure shall not require demolition of the
accessory structure, regardless of size.
d. The demolition of a primary structure shall not require the demolition of an
accessory structure on the same lot and or contiguous lot; however, the
primary structure must be constructed within two years. This time limit can
be extended by the director pursuant to BIMC 2.16.020.M upon request of
the property owner.
J. Temporary Uses
1. Temporary Construction Building
a. Temporary Construction Buildings may not be erected or moved on a site
before a building permit for the primary building has been issued, and must
be removed no later than 30 days after a certificate of occupancy for the
primary building has been issued.
18.09 Use Regulations
18.09.030 Use Specific Standards
City of Bainbridge Island 61
City Council Public Hearing Draft, Title 18, Zoning November 2011
b. A building permit for the primary building must be issued and valid;
c. The temporary structure, manufactured home or recreational vehicle must
not be permanently affixed to the lot;
d. Potable water and sanitation facilities must be available on the site;
e. Approval from the department must be obtained in writing authorizing such
construction living quarters; provided, that approval shall be granted for one
year, which may be extended for a six month period if substantial progress is
made on the construction of the principal building; and
f. The temporary construction building must meet setback requirements for the
zone in which it is situated.
g. All requirements set forth in BIMC 16.12 and 16.20 must also be met.
2. Temporary Container Storage
a. Temporary Container Storage units may be placed on or at a property for a
period not to exceed thirty (30) calendar days in a single calendar year, with
one portable storage unit allowed at a site at a time. There are two
allowances per calendar year.
b. Temporary Container Storage Units shall be placed in the driveway or other
paved surface. The unit shall not be placed within any public right-of-way
including sidewalks. The unit shall not be placed within a required setback
area. At the discretion of the City, the unit may be placed in an alternative
location, provided that the alternative location does not create an unsafe
condition.
3. Temporary Contractor Parking
Temporary contractor parking lots shall comply with the provisions of BIMC
18.15.020.I.
4. Temporary Public Events or Gatherings
Such uses shall be allowed up to three consecutive days. Four events are allowed
per year.
5. Temporary Ferry Commuter Parking
Temporary ferry commuter parking lots shall comply with the provisions of BIMC
18.15.020.F.
18.09 Use Regulations
18.09.030 Use Specific Standards
City of Bainbridge Island 62
City Council Public Hearing Draft, Title 18, Zoning November 2011
6. Temporary Non-Commuter Parking
Temporary non-commuter ferry parking is permitted only with a Conditional Use
Permit pursuant to BIMC 2.16.040, and is subject to the parking standards in
BIMC 18.15.020.E.2.
7. Temporary Seasonal Sales
a. Temporary outdoor sales are permitted in any zone district subject to
compliance with this section.
b. A temporary use permit for temporary outdoor sales shall not exceed a term
of 30 consecutive days, and only two permits within a calendar year may be
granted for each principal permitted or approved conditional use.
c. All temporary outdoor sales activity shall comply with the following
requirements:
i. The location of the temporary sales activity shall allow customers to drive
into an existing off-street parking area. No temporary outdoor sales may
interrupt the flow of traffic on public streets or access ways into a
shopping area.
ii. The applicant shall demonstrate there will be adequate parking for the
existing use as well as the temporary outdoor sales. The director may
modify this requirement if the applicant can otherwise demonstrate that
adequate parking for the existing and proposed uses will be provided.
iii. The fire department shall approve all proposals for temporary outdoor
sales from a tent.
iv. The area occupied by the temporary sales activity, plus any adjacent clear
area required by the fire code, shall occupy no more than 20 percent of
any required off-street parking spaces or area.
v. In the MUTC, HSR, NSC, and B/I districts, all trucks or tents and
associated parking shall be located on asphalt, concrete, or equivalent
surface unless the applicant demonstrates no adverse effect on drainage,
access, or the intent of this Code, as determined by the director.
18.12 Dimensional Standards
18.12.010 General
City of Bainbridge Island 63
City Council Public Hearing Draft, Title 18, Zoning November 2011
1188..1122 DDIIMMEENNSSIIOONNAALL SSTTAANNDDAARRDDSS
18.12.010 GENERAL
A. All development in the City of Bainbridge Island shall be subject to the dimensional
standards in Tables 18.12.020-1, 18.12.020-2, and 18.12.020-3 and BIMC
18.12.030, unless those standards are explicitly varied by another provision of the
Bainbridge Island Municipal Code.
B. Lots that have previously received final approval from the city, or that have
previously received final approval from Kitsap County prior to inclusion within the
city boundaries, and that do not comply with the adopted flexible lot design
requirements shall be considered existing nonconforming lots, but any future
resubdivision of any such lots shall comply with adopted flexible lot design
requirements. Pre-existing PUDs may have their own standards that do not match
those in Tables 18.12.020-1, 18.12.020-2, or 18.12.020-3.
C. In addition, the following sections of BIMC may impose additional dimensional
requirements or allow exceptions to dimensional requirements, and in the case of a
conflict with the information in Tables 18.12.020-1, 18.12.020-2, or 18.12.020-3
the more specific provision or criteria shall apply:
1. BIMC 2.16.020.Q Housing Design Demonstration Program
2. BIMC 16.12 Shoreline Master Program
3. BIMC 16.20 Critical Areas
4. BIMC 17.12.030.A Flexible Lot Subdivision Open Space Development Option
5. BIMC 17.12.030.B Flexible Lot Subdivision Cluster Development Option
6. BIMC 18.09.030 Use Specific Standards
7. BIMC 18.12.030.F Shoreline Structure Setback Line
8. BIMC 18.27 Transfer of Development Rights
18.12.020 TABLES OF DIMENSIONAL STANDARDS
Tables 18-12-020-1, 18-12-020-2, and 18.12-020-3 set forth applicable dimensional
standards. Where a property is located in more than one zone district, units permitted by
density calculations within each zone district must be constructed on the portion of the
property located within that zone district and required setbacks for each zone district must be
met. Permitted densities are not “blended” across the zone district line.
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 64
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-1 Flex Lot Dimensional Standards for Residential Zone Districts
[Numbers in brackets indicate additional requirements listed at the end of the table]
ZONING DISTRICT
DIMENSIONAL
STANDARD
R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14
MINIMUM LOT AREA
Note: Additional regulations on lot dimensions may apply pursuant to: (a) BIMC 17.12.030.AFlexible Lot Subdivision Open Space Development Option, or (b) BIMC 17.12.30.BFlexible Lot Subdivision Cluster Development Option.
Open Space Short
and Long Subdivision
If the parcel is served by a public sewer system or the septic drainfield is located outside of the lot: 5,000 sq. ft. located outside of critical areas and their buffers (see Title 16) in every zone district except R-14. In the R-14 district, the minimum lot area is 3,100
square feet. For all zone districts, the minimum lot size can be reduced below 5,000 sq. ft. as an incentive for providing additional open space pursuant to BIMC 17.12.020.A.5. If the septic drainfield is located within the lot, then 12,500 sq. ft., unless the health
district requires a larger lot size.
Short and Long Cluster
Subdivision
Lot size flexible as long as minimum homesite area met per BIMC 17.12.030.B.
Homesite max 10,000 sq. ft. Homesite max 7,600 sq. ft. Homesite max 5,000 sq. ft.
Large Lot Subdivision 5 ac or 1/128th of a section, whichever is smaller
MAXIMUM DENSITY (Minimum lot area per dwelling unit)
Note: Subdivisions containing irregularly shaped lots and lots containing critical areas may not be permitted to achieve maximum density. Additional regulations on density may apply pursuant to:
(a) BIMC 16.20.160.F.5.a Additional Development Standards for Regulated Uses --Land Divisions and Land Use Permits--Density Calculation
Short, Long, and Large Lot Subdivisions
The maximum number of lots permitted shall be calculated by dividing the total lot area of the property (without deducting areas to be dedicated as public right-of-ways or areas to be encumbered by private road easements) by the minimum lot area for standard
lots in the zone district.
Base Density 100,000 sq.
ft.
40,000 sq.
ft.
20,000 sq.
ft.
[1]
15,000 sq.
ft.
[2]
12,500 sq.
ft.
[2]
10,000 sq.
ft.
[2]
8,500 sq. ft. 7,260 sq. ft. 5,400 sq. ft. 3,100 sq. ft.
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 65
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-1 Flex Lot Dimensional Standards for Residential Zone Districts [Numbers in brackets indicate additional requirements listed at the end of the table]
ZONING DISTRICT
DIMENSIONAL STANDARD
R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14
Bonus Density pursuant to
18.12.030.A N/A N/A N/A N/A N/A N/A N/A N/A 3,630 sq. ft. 2,074 sq. ft.
MINIMUM LOT DIMENSIONS
Note: Additional regulations on lot dimensions may apply pursuant to:
(a) BIMC 17.12.030.A Flexible Lot Subdivision Open Space Development Option, or
(b) BIMC 17.12.030.B Flexible Lot Subdivision Cluster Development Option.
Short, Long, and Large Lot
Subdivisions
Minimum lot width shall be 50 ft. unless the Shoreline Master Program requires a larger width. Insofar as practical, side lot lines
shall be at right angles to street lines or radial to curved street lines. The size, shape, and orientation of lots shall be appropriate for the type of development and use contemplated. Corner lots may be required to be platted with additional width to allow for the
additional side yard requirements. When consistent with neighborhood character, subdivision lots situated along public streets should be configured to allow future houses to face the street, but this requirement does not apply to short plats or large lots.
MAXIMUM LOT COVERAGE [3]
Short and Long Subdivision Same as applied to the entire property that is the subject of the subdivision application, a portion of which shall be assigned to each
lot at the time of preliminary plat approval.
Large Lot Subdivision 10% 15% 20% 25% 25% 25% 25% N/A 25% 40%
MINIMUM SETBACKS
Note: Landscaped areas may serve as setbacks (i.e. setbacks are not in addition to landscaped areas), and some encroachments into setback areas are permitted pursuant to 18.12.040. Note: Additional setbacks may be required by:
(a) BIMC 16.08 or 16.12 (b) BIMC 16.20 Critical Areas, or
(c) BIMC 16.28.040 Mining Regulations, or (d) BIMC 18.09.030 Use Specific Standards, or
(e) BIMC 18.12.030.F Shoreline Structure Setback Line (f) BIMC 18.15.010 Landscaping and Screening
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 66
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-1 Flex Lot Dimensional Standards for Residential Zone Districts [Numbers in brackets indicate additional requirements listed at the end of the table]
ZONING DISTRICT
DIMENSIONAL STANDARD
R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14
Short, Long, and
Large Lot Subdivisions [4]
Bldg to bldg 10 ft, or minimum required by the fire code, whichever is greater
Building to exterior plat boundary line 25 ft. 15 ft.
Building to SR 305
right-of-way 75 ft.
Building to other
arterial and collector rights-of-
way
50 ft. 40 ft.
Building to other streets 15 ft.
Building to trail, open space or access easement
(except for open space areas that
are also roadside
or landscape buffers)
10 ft.
Cluster Subdivisions: Homesite
clustering
All homesites in a cluster grouping shall adjoin or be located a maximum of 25 feet apart from another homesite.
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 67
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-1 Flex Lot Dimensional Standards for Residential Zone Districts [Numbers in brackets indicate additional requirements listed at the end of the table]
ZONING DISTRICT
DIMENSIONAL STANDARD
R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14
Shoreline
Jurisdiction
See BIMC 16.12.150, Table 4-2 Use-Related Development Standards Matrix of the Shoreline Master Program and BIMC 18.12.030.F Shoreline Structure Setback Line. For properties abutting the shoreline, the native vegetation zone required by
BIMC 16.12.090 replaces the zoning setbacks along the water.
MAXIMUM BUILDING HEIGHT
Note: Bonus may not be available in the Shoreline Jurisdiction
Short, Long, and Large Lot Subdivisions
Height Requirements for Standard Lots apply (see end of table)
[1] The base density for that parcel in the Lynwood Center special planning area designated as R-2 is one unit per 20,000 sq. ft., but may be increased up
to 3 units per acre; provided, that a public access easement is granted for that portion of the parcel that lies to the south of Point White Drive along the waters of Rich Passage. The base density of some parcels in the Fort Ward Historic Overlay District may be increased as shown in BIMC
18.24.070. [2] Pursuant to BIMC 18.18 and 18.27 the minimum lot area for a dwelling unit shall be 5,400 square feet for that area designated on the official land use
map as the urban single-family overlay district (R-8SF). All other requirements of this chapter shall apply. [3] Educational, governmental, cultural, religious, healthcare, within residential zone districts must be processed as major conditional use permits
pursuant to 2.16.110.E, [4] For flex-lot subdivisions and short plats, setbacks from rights-of-way may be reduced to maintain neighborhood character by establishing building
setbacks equal to or greater than the existing building setbacks on the adjacent properties. Where there are no developed properties adjacent to the property being subdivided, the setbacks in Table 18.12.020-1 shall apply.
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 68
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-2 Standard Lot Dimensional Standards for Residential Zone Districts
[Numbers in brackets indicate additional requirements listed at the end of the table]
ZONING DISTRICT DIMENSIONAL
STANDARD
R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14
MINIMUM LOT AREA Note: Additional regulations on lot dimensions may apply pursuant to:
(a) BIMC 17.12.030.A Flexible Lot Subdivision Open Space Development Option, or (b) BIMC 17.12.030.B Flexible Lot Subdivision Cluster Development Option.
Standard Lots 100,000 sq.
ft.
40,000 sq.
ft.
20,000 sq.
ft. 15,000 sq. ft. 12,500 sq. ft. 10,000 sq. ft. 8,500 sq. ft. 7,260 sq. ft. 5,400 sq. ft. 3,100 sq. ft.
MAXIMUM DENSITY (Minimum lot area per dwelling unit)
Note: Additional regulations on density may apply pursuant to: (a) BIMC 16.20.160.F.5.a Additional Development Standards for Regulated Uses --Land Divisions and Land Use Permits--Density Calculation
Standard Lots
Base Density 100,000 sq.
ft.
40,000 sq.
ft.
20,000 sq.
ft. [1]
15,000 sq. ft.
[2]
12,500 sq. ft.
[2]
10,000 sq. ft.
[2] 8,500 sq. ft. 7,260 sq. ft. 5,400 sq. ft. 3,100 sq. ft.
Bonus Density pursuant to
18.12.030.A N/A N/A N/A N/A N/A N/A N/A N/A 3,630 sq. ft. 2,074 sq. ft.
MINIMUM LOT DIMENSIONS
Note: Additional regulations on lot dimensions may apply pursuant to:
(a) BIMC 17.12.030.A Flexible Lot Subdivision Open Space Development Option, or
(b) BIMC 17.12.030.B Flexible Lot Subdivision Cluster Development Option.
Standard Lots
Depth 110 ft. 80 ft. 80 ft. N/A N/A N/A N/A 60 ft. 60 ft. 60 ft.
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 69
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-2 Standard Lot Dimensional Standards for Residential Zone Districts [Numbers in brackets indicate additional requirements listed at the end of the table]
ZONING DISTRICT
DIMENSIONAL STANDARD
R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14
Width 110 ft. 80 ft.
80 ft. [70 ft. for lots that
abut the shoreline]
N/A N/A N/A N/A 60 ft. 60 ft. 60 ft.
MAXIMUM LOT COVERAGE
Standard Lots
Base 10% 15% 20% 25% 25% 25% 25% N/A 25% 40%
Bonus
N/A N/A N/A N/A N/A N/A N/A N/A 40% Pursuant to
18.12.030.A
50% Pursuant to
18.12.030.B
MINIMUM SETBACKS
Note: Landscaped areas may serve as setbacks (i.e. setbacks are not in addition to landscaped areas), and some encroachments into setback areas are permitted pursuant to 18.12.040.
Note: Additional setbacks may be required by: (a) BIMC 16.08 or 16.12
(b) BIMC 16.20 Critical Areas, or (c) BIMC 16.28.040 Mining Regulations, or
(d) BIMC 18.09.030 Use Specific Standards, or (e) BIMC 18.12.030.F Shoreline Structure Setback Line
(f) BIMC 18.15.010 Landscaping and Screening
Standard Lots
Front/Street
2 stories or less 25 ft. 25 ft.
5 ft. From edge
of paved portion of
Point Monroe Dr.
25 ft.
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 70
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-2 Standard Lot Dimensional Standards for Residential Zone Districts [Numbers in brackets indicate additional requirements listed at the end of the table]
ZONING DISTRICT
DIMENSIONAL STANDARD
R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14
More than 2 stories Add 4 feet for each story over 2 stories [3] Same as for R-0.4 through R-5
Side (not adjacent to street)
2 stories or less 15 ft. each
side
10 ft. min.,
25 ft. total
5 ft. min., 15 ft. total
5 ft. min.,
15 ft. total 5 ft. min., 10 ft. total
5 ft. min.,
15 ft. total
More than 2 stories
Add 5 ft. on each side, and 10 ft. to the total setback required, for each story over 2 If there is only one side yard, it is increased by 5 ft. for each story over 2 [3] Same as for R-0.4 through R-5
Rear (not adjacent
to street)
2 stories or less 25 ft.
15 ft.
15 ft.
15 ft.
15ft.
More than 2 stories Add 4 feet for each story over 2 [3] Same as for R-0.4 through R-5
Shoreline
Jurisdiction
See BIMC 16.12.150, Table 4-2 Use-Related Development Standards Matrix of the Shoreline Master Program and
BIMC 18.12.030.F Shoreline Structure Setback Line
MAXIMUM BUILDING HEIGHT [4]
Note: Bonus may not be available in the Shoreline Jurisdiction
All lots
Base 30 ft. 30 ft. 25 ft. 30 ft. 35
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 71
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-2 Standard Lot Dimensional Standards for Residential Zone Districts [Numbers in brackets indicate additional requirements listed at the end of the table]
ZONING DISTRICT
DIMENSIONAL STANDARD
R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14
Bonus for Nonresidential
Uses If Conditional Use Permit Conditions
Met
35 ft. 35 ft. 30 ft. 35 ft. 40 ft.
40 ft.
See 18.12.030B
Exemption Alternative height limits may apply for nonresidential uses if additional Conditional Use Permit Provisions of Title 2 are met. Some encroachments through height limits are permitted under BIMC 18.12.040.
Shoreline
Jurisdiction
See BIMC 16.12.150, Table 4-2 Use-Related Development Standards Matrix of the Shoreline Master Program and
BIMC 18.12.030.F Shoreline Structure Setback Line
[1] The base density for that parcel in the Lynwood Center special planning area designated as R-2 is one unit per 20,000 sq. ft., but may be increased up to 3 units per acre; provided, that a public access easement is granted for that portion of the parcel that lies to the south of Point White Drive along the
waters of Rich Passage. The base density of some parcels in the Fort Ward Historic Overlay District may be increased as shown in BIMC 18.24.070. [2] Pursuant to BIMC 18.18 and 18.27 the minimum lot area for a dwelling unit shall be 5,400 square feet for that area designated on the official land use
map as the urban single-family overlay district (R-8SF). All other requirements of this chapter shall apply.
[3] Additional setbacks for taller buildings must be from the ground upward – i.e. this is not a “step-back” requirement for upper floors. [4] For Community and Educational Facilities (as listed in Table 18.09.020), spires, towers and other vertical features with horizontal cross-sections no more than 5% of the footprint of the primary structure may have a maximum height of 10 feet above the maximum base height, and shall be reviewed
through a conditional use permit.
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 72
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts
ZONING DISTRICT
DIMENSIONAL STANDARD
Winslow Mixed Use Town Center
HSR I and II NSC B/I WD-I Central
Core Overlay
Madison
Avenue Overlay
Ericksen
Avenue Overlay
Gateway
Overlay
Ferry Terminal
Overlay [See BIMC
18.12.030.C]
MAXIMUM FAR (Floor Area Ratio) [1]
Basic Maximum
Commercial and Other
Non-Residential Uses
0.6 0.4 0.3 0.15 0.1 0.3 No Max; Limited by Other Standards
Residential 0.4 0.4 0.3 0.5 0.4 0.3 No FAR limit: R-2 Standards Apply
Mixed Use [2] 1.0 0.5 0.5 0.5 0.5 0.3 No Max; Limited by Other Standards
Maximum With
Bonus
Commercial and
Other Non-Residential
Uses
1.0 0.6 0.6 0.3 0.2 0.6
Bonus Densities
Require Compliance
with Section 18.12.030.D
N/A N/A
Bonus densities require compliance with BIMC 18.12.030.E
Residential 1.0 0.6 0.6 1.0 1.1 0.6 N/A N/A Bonus densities require compliance with BIMC 18.12.030.E
Mixed Use [2] 1.5 1.0 1.0 1.0
1.3
(1.5 pursuant to note [3])
1.0
N/A N/A
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 73
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts
ZONING DISTRICT
DIMENSIONAL STANDARD
Winslow Mixed Use Town Center
HSR I and II NSC B/I WD-I Central Core
Overlay
Madison Avenue
Overlay
Ericksen Avenue
Overlay
Gateway Overlay
Ferry Terminal Overlay
[See BIMC 18.12.030.C]
Bonus densities require compliance with BIMC 18.12.030.E
MINIMUM LOT DIMENSIONS
Area N/A N/A N/A N/A N/A N/A N/A 20,000 sq. ft. 20,000 sq.ft.
Depth N/A N/A N/A N/A N/A N/A 80 N/A N/A
Width N/A N/A N/A N/A N/A N/A 80 N/A N/A
MAXIMUM LOT COVERAGE
100%,
excluding setbacks 35%
35% 2,500 sq. ft.
max. building footprint
south of Wyatt,
excluding parking
structures located below
pre-development
and finished
grade
35% 75% 50% 35% 35% 50%
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 74
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts
ZONING DISTRICT
DIMENSIONAL STANDARD
Winslow Mixed Use Town Center
HSR I and II NSC B/I WD-I Central Core
Overlay
Madison Avenue
Overlay
Ericksen Avenue
Overlay
Gateway Overlay
Ferry Terminal Overlay
[See BIMC 18.12.030.C]
SETBACKS (minimum required unless otherwise noted) [4]
Note: Landscaped areas may serve as setbacks and in some cases, may exceed the setback requirements. Note: Additional setbacks may be required by:
(a) BIMC 16.12, Shoreline Master Program or (b) BIMC 16.20 Critical Areas ,or
(c) BIMC 16.28.040 Mining Regulations, or (d) BIMC 18.09.030 Use Specific Standards, or
(e) BIMC 18.12.030.F Shoreline Structure Setback Line
Front
Commercial:
5 ft. max. from
sidewalk; Residential:
10 ft. min. and 20 ft.
max. from Madison Ave.
sidewalk
10 ft.min.,
20 ft. max.
15 ft. min.,
20 ft. max.
5 ft. max.
from
sidewalk
5 ft. max. from sidewalk
except as modified by
transition standards in
BIMC 18.12.030.C
10 ft. max.
from sidewalk
0 ft. min. 20 ft. max from any street, planned right-of-way or road
easement, unless otherwise
provided under special planning area
provisions.
50 ft. min. along any
public right-of-way.
40 ft. min. from property in
Residential districts; 10 ft. min. for
all other.
Side
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 75
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts
ZONING DISTRICT
DIMENSIONAL STANDARD
Winslow Mixed Use Town Center
HSR I and II NSC B/I WD-I Central Core
Overlay
Madison Avenue
Overlay
Ericksen Avenue
Overlay
Gateway Overlay
Ferry Terminal Overlay
[See BIMC 18.12.030.C]
0 ft.;
5 ft. min. when
property abuts the
Madison Avenue or
Ericksen Avenue
Overlay districts
0 ft.;
5 ft. min. when
property abuts the
Central Core Overlay
district
5 ft. min. 0 ft. 0 ft. 0 ft.
0 ft. when
property abuts another NSC zone; 15 ft.
when property abuts a residential zone
10 ft.; 50 ft. when abutting
a residentially zoned property. The city may
increase this to a maximum of 100 ft.
depending on the type, scale, and intensity of
the proposed use, subject to
site plan review.
40 ft. min. from property in Residential
districts; 10 ft. min. for all other.
Rear
0 ft.;
5 ft. min. when
property abuts the
Madison Avenue or
Ericksen Avenue
Overlay districts
0 ft.;
5 ft. min. when
property abuts the
Central Core or Ericksen
Avenue Overlay
districts
0 ft.;
5 ft. min. when
property abuts the
Central Core or Madison
Avenue Overlay
districts
0 ft. 0 ft. 0 ft.
0 ft. when
property abuts another NSC zone; 15 ft.
when property abuts a
residential zone126
15 ft. min.; 50 ft. min. when abutting a residential district. City may increase
to a maximum of 100 based on type, scale,
and intensity of proposed use, subject to site
plan review.
40 ft. min. from property in Residential districts; 10 ft. min. for
all other
Shoreline Jurisdiction See BIMC 16.12.150, Table 4-2 Use-Related Development Standards Matrix of the Shoreline Master Program and BIMC 18.12.030.F Shoreline Structure Setback Lines
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 76
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts
ZONING DISTRICT
DIMENSIONAL STANDARD
Winslow Mixed Use Town Center
HSR I and II NSC B/I WD-I Central Core
Overlay
Madison Avenue
Overlay
Ericksen Avenue
Overlay
Gateway Overlay
Ferry Terminal Overlay
[See BIMC 18.12.030.C]
MAXIMUM BUILDING HEIGHT [5]
Note: Bonus may not be available in the Shoreline Jurisdiction
Base
35 ft.; 25 ft. max.
south of Parfitt
25 ft.; 35 ft. north of
High School Road
25 ft. 35 ft.
BIMC 18.12.030.C
standard height north of
Winslow Way:
35 ft. south of Winslow Way
35 ft. 35 ft. 35 ft.
35 ft. except that BIMC 16.12 applies within Shoreline Jurisdiction
Bonus 1
If parking under building
[6]
45 ft.; 35 ft. south
of Parfitt
35 ft.;
45 ft. north of High School
Road
35 ft. 45 ft.
BIMC
18.12.030.C optional
height north of Winslow Way:
45 ft. south of
Winslow Way
45 ft.
Bonus 2 For Nonresidential
Uses With Major Conditional Use
Permit
45 ft. 45 ft. 45 ft.
Bonus 3
Structure Height
Alternative height limits may apply if the Conditional Use Permit Provisions of Title 2 are met.
Some encroachments through height limits are permitted under BIMC 18.12.040.
18.12 Dimensional Standards
18.12.020 Tables of Dimensional Standards
City of Bainbridge Island 77
Final Draft, Title 18, Zoning November 2011
Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts
ZONING DISTRICT
DIMENSIONAL STANDARD
Winslow Mixed Use Town Center
HSR I and II NSC B/I WD-I Central Core
Overlay
Madison Avenue
Overlay
Ericksen Avenue
Overlay
Gateway Overlay
Ferry Terminal Overlay
[See BIMC 18.12.030.C]
[1] If the existing FAR for a developed property as of May 21, 1998 is higher than the base FAR for that district, then the existing FAR will be considered the base FAR for that developed property. Total FAR may not be exceeded.
[2] In mixed use development, the established FAR in the residential and commercial components shall not be exceeded. [3] In mixed use development in the ferry terminal district, an additional 0.2 FAR is permitted in accordance with BIMC 18.12.030.E.7. The additional FAR
may be applied to either the residential or commercial component of the mixed use development. [4] When property adjoins a single-family residential zone, building setback shall be in accordance with the landscape ordinance perimeter landscaping
requirements. [5] When property adjoins a lower density residential zone, except in the ferry terminal district, north of Winslow Way, for the first 30 feet of the building
from the property line of an adjoining lower density residential zone, the building height shall be the building height of the adjoining lower density residential zone. Optional building height allowed in the adjoining lower density residential district through a conditional use permit may be requested
for projects within the Mixed Use Town Center and High School Road zones through the site plan review process. For building height requirements in the ferry terminal district, north of Winslow Way, reference BIMC 18.12.030.C.
[6] The bonus height is only available for the entire building if parking is located under more than 50% of the building footprint. If parking is located under 50% or less of the building footprint, the bonus may only be used for a portion of the building footprint twice as large as the area with parking located
beneath.
18.12 Dimensional Standards
18.12.030 Additional Dimensional Provisions
City of Bainbridge Island 78
City Council Public Hearing Draft, Title 18, Zoning November 2011
18.12.030 ADDITIONAL DIMENSIONAL PROVISIONS
A. Density and Lot Coverage Bonus for R-8 and R-14 Zone Districts
1. An increase in density in the R-8 and R-14 zone districts may be granted
pursuant to the requirements in BIMC 18.21.
2. A density bonus not to exceed 50 percent may be granted to lands in the R-8
and R-14 zone districts if the applicant provides permanent, public open space,
provided the following criteria are met:
a. The open space shall abut a public or private street and have adequate public
access.
b. If the subject property being developed is a corner site, placement of the
open space at the corner is preferred.
c. Signage shall be posted to notify that the open space is public and access is
permitted.
d. The amount of the density bonus shall be twice the percentage of the total
lot area that is designated as open space. For example, if 25 percent of the
total lot area is designated as open space, a 50 percent density bonus may
be achieved.
e. The minimum area designated as public open space must be the larger of (a)
ten percent of the total lot area or (b) one-quarter acre.
f. If the open space is not contiguous, then each open space area must be at
least one-quarter acre.
g. A 15-foot building setback shall be provided along the perimeters of the
open space.
h. Trees retained within the designated open space may fulfill the significant
tree/canopy retention requirements of BIMC 18.15.010.
i. The public open space density bonus may be combined with other density
bonuses applicable to this zone; provided, that the total combined density
bonus does not exceed 50 percent of the base density.
j. The open space shall be established as permanent, public open space
through one of the following means through either public or private
ownership. For purposes of this provision, public ownership means that the
city or other public agency chooses to accept ownership of open space and
that upon approval and acceptance by the director, open space shall be
dedicated to the public. Private ownership means that the open space is
18.12 Dimensional Standards
18.12.030 Additional Dimensional Provisions
City of Bainbridge Island 79
City Council Public Hearing Draft, Title 18, Zoning November 2011
held in private ownership if established by easements, restrictive covenants,
or other similar legal means in which (a) public access and maintenance of
the open space are adequately provided for by written agreement, and such
agreements or covenants are recorded with the county auditor; and (b) in the
event that the open space is not maintained consistent with the agreement,
the city shall have the right to provide the maintenance of the open space
and bill the owner for the cost of maintenance.
k. Lands that are located in the Critical Areas Overlay District, as identified in
the comprehensive plan, are not eligible for the density bonus provided in
this section. (Ord. 2006-19 § 4, 2006: Ord. 92-08 § 2, 1992)
l. In the R-8 zone district, no portion of any building within 20 feet of a front
yard setback located across the street from a single-family residential zone
shall exceed a height of 25 feet.
m. In the R-8 zone district, building design shall incorporate features such as
pitched or terraced roof forms, upper level stepbacks, wall recesses and/or
other architectural treatment to minimize building bulk and scale as
perceived from adjoining streets and neighborhoods.
n. In the R-14 zone district, open space that is selected under the provisions of
BIMC 18.12.030.B.7 or required as mitigation for development impacts may
not be included in the open space calculations related to the density bonus
provided in this section.
3. When the density bonus provisions in subsection 2 are used, the maximum lot
coverage in the R-8 and R-14 zone districts may be increased as follows:
a. In the R-8 zone district, the lot coverage may be increased to 40%;
b. In the R-14 zone district, the lot coverage may be increased 50%.
B. Additional Height in R-14 District
In the R-14 zone district, an applicant who requests additional lot coverage pursuant
to subsection A.3 shall not be allowed to also increase maximum allowable building
height unless the applicant demonstrates that:
1. The applicable design guidelines are met; and
2. The criteria for conditional use permit approval of additional height in the R-14
district, as set forth in BIMC Title 2, are met; and
3. The increased height facilitates underground or enclosed under-building parking
to the extent feasible; and
4. The building massing contains significant modulations; and
18.12 Dimensional Standards
18.12.030 Additional Dimensional Provisions
City of Bainbridge Island 80
City Council Public Hearing Draft, Title 18, Zoning November 2011
5. Thirty percent of the property must be retained as pervious surface area.
Pervious surface areas can include landscaping, unpaved storm water
management facilities, underground or overhead utility lines, perimeter fences,
and pervious trails. Setback areas and significant tree retention areas can count
towards the required pervious surface area. Pervious surface area shall exclude
areas covered by (a) structures, including decks, fountains, artwork, utility
cabinets, lighting fixtures, trash enclosures, and signs; and (b) areas covered by
paving and/or gravel, including sidewalks, impervious paths, patios, parking
areas, and driveways; and
6. Mechanical equipment shall be enclosed or screened, and such enclosures or
screening shall be architecturally integrated into the building design or
landscape plan; and
7. The project provides one or more public amenities that would not otherwise be
provided, such as greater significant tree retention or provision of more open
space than is otherwise required, publicly accessible play areas, trails, or
benches, or other amenities proposed by the applicant and approved by the city.
C. Transition Standards in the Ferry Terminal Overlay District
In order to protect adjacent neighborhoods, a 100-foot-wide transition area is
established in the Ferry Terminal Overlay Zone, north of Winslow Way, as follows:
along the west side of Ferncliff Avenue, starting approximately 100 feet north of
Winslow Way; along the north boundary of the district, east of Cave Avenue; and
along both sides of Cave Avenue, starting approximately 300 feet north of Winslow
Way. The landscaping requirements and height restrictions illustrated below shall
apply to this transition area. Portions of the Ferry Terminal Overlay District that are
not in the transition area designated by this section shall comply with all other
applicable Ferry Terminal Overlay District requirements.
18.12 Dimensional Standards
18.12.030 Additional Dimensional Provisions
City of Bainbridge Island 81
City Council Public Hearing Draft, Title 18, Zoning November 2011
(Ord. 99-64 § 7, 1999)
D. Bonus Density in NSC District
Bonus density shall be available in the NSC District as follows:
1. Three units per acre with the provision of transfer of development rights (TDRs),
in accordance with BIMC 18.27; or
2. Three units per acre with the provision of affordable housing, in accordance with
the provisions of BIMC 18.21; or
3. Three units per acre if the development is commercial/residential mixed use and
public sewer and public water are not provided, or 5 units per acre if the mixed
use development is on public water and sewer. The residential units must be
located above the ground floor if the building is located on a collector or
secondary arterial or higher road classification; however, for mixed-use projects,
if the building fronts on a local or private street, residential units can be located
on the ground floor.
18.12 Dimensional Standards
18.12.030 Additional Dimensional Provisions
City of Bainbridge Island 82
City Council Public Hearing Draft, Title 18, Zoning November 2011
a. In instances where a project contains both mixed-use and residential-only
buildings, the bonus density shall only be calculated based on the mixed use
buildings. The residential-only buildings shall not be used to calculate the
bonus density.
4. Five units per acre with the provisions of TDRs and public sewer and water; or
5. Five units per acre with public water and sewer and the provision of affordable
housing in accordance with BIMC 18.21; or
6. Up to 12 units per acre for those specific parcels located in Lynwood Center and
so designated on the land use map as NSC/R-12 for the Lynwood Center special
planning area, provided that all requirements of this Title 18 applicable to the
NSC are met, and that:
a. The development is commercial/residential mixed use with the residential
units located above the ground floor if the building is located on a collector
or secondary arterial or higher road classification; however, for mixed-use
projects, if the building fronts on a local or private street, residential units
can be located on the ground floor; and
b. Public sewer and water are provided; and
c. The requirements of BIMC 18.18 and 18.21 are met; and
d. A community center is constructed that is of similar style and quality to the
entire development, is no less than 2,000 square feet, provides kitchen
facilities, public restrooms and outside access. The community center is to
be used primarily for community functions. (Ord. 97-28 § 1, 1997; Ord. 97-
01 § 11, 1997)
E. Bonus Density in Winslow Mixed Use and High School Road Districts
Eligible properties may achieve a maximum level of development above the base
FAR, as provided for in Table 18.12.020-3, by using one, or a combination of, the
following FAR bonus provisions. The FAR bonus provisions may be combined to
achieve the maximum level of development established for each district. In no case
shall the total commercial, residential or mixed use FAR exceed the maximum FAR
as provided for in Table 18.12.020-3.
1. Optional Affordable Housing
a. FAR Bonus
Up to 100 percent of the maximum residential FAR bonus may come from
providing affordable housing as defined in BIMC 18.36 provided, that the
difference between the base residential FAR and the maximum residential
FAR shall be dedicated to affordable housing. A portion of the total floor area
18.12 Dimensional Standards
18.12.030 Additional Dimensional Provisions
City of Bainbridge Island 83
City Council Public Hearing Draft, Title 18, Zoning November 2011
that is of common use and benefit to the entire residential development (for
example, interior halls, stairwells, laundry rooms, exercise rooms) may be
included in the calculation of the affordable housing component. This portion
shall be the same percentage as the affordable housing provided. For
example, if 20 percent of the living unit floor area is for affordable housing,
then 20 percent of the common floor area may be included in the total
affordable housing calculation. Development of the optional affordable
housing shall be in accordance with BIMC 18.21 and Table 18.12.030.
Table 18.12.030: Optional Affordable Housing Bonus Summary Table
Size of Development
Residential development less
than 10,000 sq. ft.
Residential development of 10,000 sq. ft. but less
than 60,000 sq. ft.
Residential development more than 60,000 sq. ft.
Affordable Housing FAR
Bonus
Must provide 100
percent of bonus square footage for
extremely low, very, low, or moderate
income groups.
Must comply with following ratios:
(a) 100 percent of bonus for all moderate OR
(b) 0.2 of bonus for extremely low, very low, or
low income groups; 0.5 of bonus for moderate
income group; and 0.3 of bonus for middle
income group.
Must comply with following
ratios: 0 .1 of bonus for extremely
low, very low or low income groups;
0.6 of bonus for moderate income group; and
0.3 of bonus for middle income group.
b. Preservation of the Islander Mobile Home Park
Preservation of the Islander Mobile Home Park as an existing park site for
manufactured homes shall be encouraged through the following provisions.
i. Unused FAR from the parcel on which the mobile home park is located
may be transferred to another parcel or parcels within the Mixed Use
Town Center. For example, the base FAR for the mobile home park would
be calculated, less the FAR of the mobile homes. In exchange for
permanently preserving the mobile home park, the owner of the property
may transfer the unused FAR to another parcel or parcels in the Mixed
Use Town Center, where it may be used as bonus FAR above the base FAR
for that district.
ii. Permanent preservation of the mobile home park may be used as an
affordable housing bonus on another parcel or parcels within the Mixed
Use Town Center. For example, in exchange for preserving the mobile
home park, the owner of the property would be deemed to have met the
affordable housing bonus provisions of subsection A.1 of this section,
18.12 Dimensional Standards
18.12.030 Additional Dimensional Provisions
City of Bainbridge Island 84
City Council Public Hearing Draft, Title 18, Zoning November 2011
and could achieve the maximum FAR bonus for residential development
on another parcel or parcels in the Mixed Use Town Center. The owner of
the mobile home park may either apply the FAR bonus to another
parcel(s) he or she owns, or transfer or sell the bonus to another property
owner in the Mixed Use Town Center.
2. Purchase of Development Rights
Up to 100 percent of the maximum residential, commercial or mixed use FAR
bonus may come from the purchase of development rights as provided for in
BIMC 18.27. The cost of development rights shall be established by resolution of
the city council.
3. Public Amenities and/or Infrastructure
At the applicant’s option, a portion of the bonus may be earned through the
provision of public amenities and/or infrastructure, pursuant to an adopted city
council resolution clarifying the amount of credit awarded for different provision
of different public amenities and/or infrastructure, as follows:
a. Up to 40 percent of the maximum residential, commercial or mixed use FAR
bonus may come from monetary contributions toward public amenities
and/or infrastructure beyond that required for SEPA mitigation. The amount
of the contribution shall be established by resolution of the city council.
Funds contributed to the public amenities and/or infrastructure shall be used
exclusively in the Mixed Use Town Center or High School Road districts, for
projects identified in the six-year capital facilities program, or approved by
the city.
b. In lieu of the contribution of funds as provided for in subsection 3.a of this
section, and subject to approval by the director or designee, the public
amenities FAR bonus may be achieved by the construction of public
amenities and/or infrastructure beyond that required to mitigate the impacts
of development. Public amenities and/or infrastructure projects shall be
located in the Mixed Use Town Center or High School Road districts, and
shall be chosen from projects identified in the six-year capital facilities
program, or approved by the city.
4. Community Open Space
In the ferry terminal district, up to 60 percent of the maximum residential,
commercial or mixed use FAR bonus may be achieved by providing community
open space of one acre, or 20 percent of the parcel area, whichever is greater.
The community open space shall be located in or in the immediate vicinity of
locations identified in Figure 4.1 of the Winslow Master Plan. The open space
18.12 Dimensional Standards
18.12.030 Additional Dimensional Provisions
City of Bainbridge Island 85
City Council Public Hearing Draft, Title 18, Zoning November 2011
must be located on the same parcel that is being developed, and must be on
land that would be otherwise buildable. Adequate public access to the
community open space must be provided. The city shall consider approving the
bonus, taking into consideration the configuration, public use and accessibility
of the proposed open space. In cases where a development project utilizes the
community open space bonus provision in conjunction with the purchase of
development rights bonus provision, all funds collected from the purchase of
development rights shall go toward the preservation of agricultural lands fund.
5. Winslow Town Center Mixed Use/High School Road FAR Transfers
Up to 20 percent of the maximum residential, commercial or mixed use FAR
bonus may come from transfers of FAR from parcels within the Mixed Use Town
Center and the High School Road districts. The transfer shall create permanent
open space through open space preservation covenants on sending parcels that
contain critical areas as defined in BIMC 16.20. For example, development
potential in the ravine of the gateway district may be shifted to the upland area;
provided, that the requirements of BIMC 16.20 are satisfied.
6. Historic Structure Preservation
When an historic structure is preserved on-site, the FAR of that historic structure
shall not be included in the calculation of total FAR for the site. The historic
structure must be included on a state, local or federal register.
7. Ferry Related Parking
In the ferry terminal district, an additional 0.2 FAR may be achieved by relocating
existing legal surface ferry commuter parking on site (as shown on Figure 6.2 of
the Winslow Master Plan) to under-building or below grade parking. The
percentage of the additional FAR that is achieved shall be dependent upon the
percentage of parking that is relocated. For example, if 50 percent of existing
surface ferry commuter parking on site is relocated under-building or below
grade, then 50 percent of the total additional FAR (or 0.1 FAR) may be achieved.
(Ord. 2005-08 § 2, 2005; Ord. 99-64 § 8, 1999: Ord. 99-17 § 7, 1999: Ord.
97-14 § 3, 1997. Formerly 18.40.050)
F. Shoreline Structure Setbacks
The intent of this section is to protect shoreline views of principal buildings on
adjacent properties. This section applies only to principal buildings abutting the
water within the shoreline jurisdiction where there is no road or right-of-way
intervening between the water and the building. The Native Vegetation Zone
18.12 Dimensional Standards
18.12.030 Additional Dimensional Provisions
City of Bainbridge Island 86
City Council Public Hearing Draft, Title 18, Zoning November 2011
requirements of BIMC 16.12 still apply, and may be more stringent than the
shoreline structure setback.
1. All proposed principal buildings and additions shall be so located as to meet the
minimum shoreline structure setback lines. The shoreline structure setback line
shall be based on the location of the adjacent principal building(s) and shall be
determined as follows:
a. No Existing Principal Buildings. Where no existing principal buildings are
located on abutting properties, the shoreline structure setback does not
apply. (See drawing below)
b. Existing Principal Building Located on One Side. Where a principal building is
located on an abutting property to one side, the shoreline structure setback
line shall be a distance no less than that of the point closest to the shoreline
of the adjacent principal building. (See drawing below)
Ordinary High Water
Native Vegetation Zone
Proposed Building
18.12 Dimensional Standards
18.12.030 Additional Dimensional Provisions
City of Bainbridge Island 87
City Council Public Hearing Draft, Title 18, Zoning November 2011
Proposed Building
Ordinary High Water
Shoreline Structure
Setback Line
Native
Vegetation
Zone (50’) 75’
Existing
Building
Proposed Building
Native Vegetation
Zone (50’) 60’ 60’
Ordinary High Water
Existing
Building
18.12 Dimensional Standards
18.12.030 Additional Dimensional Provisions
City of Bainbridge Island 88
City Council Public Hearing Draft, Title 18, Zoning November 2011
c. Existing Principal Buildings on Both Sides. Where existing principal buildings
are abutting both sides of the proposed building on a regular shoreline, the
shoreline structure setback line shall be determined by a line drawn between
the points closest to the shoreline of each abutting principal buildings.
Setbacks are based on principal buildings existing at the time a new building
permit is submitted. A principal building constructed in compliance with the
required shoreline setback is not made nonconforming by the later
construction or replacement of a principal building in a different location on
an adjacent lot. (See drawing below)
Proposed Building
Native Vegetation
Zone (50’)
Existing
Building
Ordinary High Water
Existing
Building
18.12 Dimensional Standards
18.12.030 Additional Dimensional Provisions
City of Bainbridge Island 89
City Council Public Hearing Draft, Title 18, Zoning November 2011
d. Existing Principal Buildings on Both Sides on a Shoreline Forming a Cove or
Headland. Where existing principal buildings are on abutting properties to
both sides of the proposed building on a shoreline forming a cove or
headland, the shoreline structure setback line shall be determined by
averaging the setback lines of the two adjacent principal buildings. (See
drawings below)
Ordinary High Water
Native Vegetation
Zone (50’)
Existing
Building
Existing
Building
60’ 80’
70’
Proposed Building
Existing Built
1950
Ordinary High Water
Native Vegetation
Zone (50’)
Existing Built 1920 Existing Built 1970
Shoreline Structure
Setback Lines
= Allowed Additions per Shoreline Structure Setback
Lines
18.12 Dimensional Standards
18.12.030 Additional Dimensional Provisions
City of Bainbridge Island 90
City Council Public Hearing Draft, Title 18, Zoning November 2011
2. Accessory structures, such as fences, boathouses, stairways, and sheds, may be
situated within the shoreline setback area; provided, that they do not
substantially obstruct the view of adjacent principal buildings. (Ord. 92-08 § 2,
1992)
Existing
Building
Proposed
Building
70’
60’
65’
Native
Vegetation
Zone (50’) Existing
Building
18.12 Dimensional Standards
18.12.040 Modifications to Required Setbacks and Heights
City of Bainbridge Island 91
City Council Public Hearing Draft, Title 18, Zoning November 2011
18.12.040 MODIFICATIONS TO REQUIRED SETBACKS AND HEIGHTS
A. Permitted Setback/Height Modifications
Minimum and maximum setbacks and maximum heights established in Tables
18.12.020-1, 18.12.020-2, and 18.12.020-3 and in section 18.12.030 may be
encroached as set forth in Table 18.12.040 and may also be modified by applicable
provisions of adopted fire codes, the Shoreline Master Program, and/or the Building
Code:
Table 18.12.040: Permitted Setback/Height Modifications
Type of Encroachment Encroachment Permitted Conditions
Permitted Setback Modifications
Fence or combined fence and berm
up to 6 feet high
In any required setback subject to
applicable regulations in Title 15.
Except as provided in BIMC
18.12.030.F.2, 18.12.040.B, and 16.12.
Non-screening fences or combined non-screening fence and berm up to 8 feet high
In any required setback subject to applicable regulations in Title 15. Except as provided in BIMC 16.12.
Chimneys, flues, awnings, bay
windows, and greenhouse windows
Up to 18 inches into any required
setback
Covered porches, bay windows and
eaves within the Ericksen Avenue Overlay District
Up to five feet into the front yard Bay windows must be cantilevered
outward from the wall, and may not result in any portion of the building floor area extending into the
setback
Any structures, including but not limited to uncovered steps, porches, and decks less than or equal to 30
inches in height
Up to 2 feet into front and side setbacks
Up to 5 feet into required rear setbacks.
Eaves May extend up to 24 inches in any required setback except shoreline structure setback
At or near grade structures such as uncovered patios, sidewalks, and
driveways
In any required setback May not exceed 4 inches in height
Signs In any required setback Must conform to BIMC 15.08
Utilities accessory to a single-family
residence
In any required setback
Composting bins In side or rear setback areas
Raingarden/swales In side or rear setbacks
Rainwater harvesting barrels In side or rear setbacks
Wall mounted on-demand hot water heaters Up to 18 inches into side or rear setbacks Permitted if buffered or enclosed to prevent noise impacts to neighboring properties
Below-ground geothermal equipment In any required setback Permitted if any excavated areas are promptly re-landscaped after
18.12 Dimensional Standards
18.12.040 Modifications to Required Setbacks and Heights
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Table 18.12.040: Permitted Setback/Height Modifications
Type of Encroachment Encroachment Permitted Conditions
instillation is complete
Rockeries and retaining walls less than 4 feet in height In any required setback Qualified Geotechnical engineer determination, and City concurrence, that it is necessary for
slope stabilization.
Permitted Height Modifications
Small wind energy generators Up to 18 in. above the maximum
building height in the district.
Solar panels Up to 18 in. above the maximum
building height in the district
Noncommercial, nonparabolic
antennae affixed to noncommercial communication towers
Up to 50 feet in height above grade
One flagpole per parcel Up to 45 feet in height above grade
Utility poles Up to 50 feet in height above grade
Utility structures existing on the
effective date of the ordinance codified in this subsection
Existing height May also be replaced or modified,
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
B. Sight Clearance
No sight-obscuring fence or hedge 42 inches or higher than the grade of adjacent
streets shall be permitted on corner lots in the setback area formed by a line from
the lot corner at the street intersection along the front setback line 15 feet and side
setback line 15 feet and a line connecting the two lot lines at the point 15 feet from
the intersection corner. (Ord. 2004-02 § 1, 2004; Ord. 92-08 § 2, 1992)
Right-of-Way 15’
15’
18.12 Dimensional Standards
18.12.050 Rules of Measurement
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18.12.050 RULES OF MEASUREMENT
The following rules of measurement shall apply in determining compliance with the
requirements of this Title 18. When a required calculation results in a fraction greater than or
equal to one-half (0.5), the requirement shall be rounded up to the next whole number.
A. Base Density
The base density of a property means the density designated on the zoning map,
exclusive of any density bonuses. (Ord. 96-08 § 1, 1996)
B. Building Footprint
Building footprint is the area at the ground plane of a building, structure, or other
element, bounded by the outside of the exterior walls. (Ord. 92-08 § 2, 1992)
C. Building Height
Building height is measured as the vertical distance above “grade” to the highest
point of the coping of a flat roof or to the deck line of a mansard roof or to the
average height of the highest gable of a pitched or hipped roof. The height of a
stepped or terraced building is the maximum height of any segment of the building.
(Ord. 92-08 § 2, 1992) The height measurement on an asymmetrical gable shall be
the same as a shed roof; it shall be from grade to the mid-point of the longest
segment, provided that the asymmetrical building would not result in a taller
building than a traditional symmetrical building. Building height is measured
differently in the shoreline jurisdiction.
D. Density
“Density” means the number of dwelling units allowed in the lot area, not including
accessory dwelling units. In zones that use floor area ratio (FAR) in place of units per
acre, density means the maximum floor area allowed. (Ord. 99-64 § 2, 1999: Ord.
95-07 § 2, 1995; Ord. 92-08 § 2, 1992)
E. Fence Height
Fence height is measured from finished grade on exterior side of fence. Where
fences are built on top of berms the maximum height of the fence shall apply to the
combined fence and berm.
F. Floor Area
Floor area is measured as the total area of all floors within the exterior vertical walls
of a building. If any room has a sloping ceiling, no portion of the room measuring
18.12 Dimensional Standards
18.12.050 Rules of Measurement
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less than five vertical feet from the finished floor to the finished ceiling shall be
included in the computation of total area. (Ord. 95-07 § 5, 1995; Ord. 92-08 § 2,
1992)
G. Floor area ratio (FAR)
“Floor area ratio” is a figure that expresses the total floor area as a multiple of the
lot area. This figure is determined by dividing the floor area of all buildings on a lot
by the lot area prior to removal of lot area for dedication. (Ord. 97-06 § 1, 1997;
Ord. 96-08 § 2, 1996) Portions of parking located underneath a building footprint
are not counted in Floor Area Ratio calculations.
H. Front Setbacks
“Front setback” means a setback extending from a building, structure or use to the
street or planned right-of-way.
I. Grade
“Grade” (adjacent ground elevation) is the computed average of the lowest and the
highest points of elevation of the original surface of the ground, or existing paving
or sidewalk within the area between the building and the property line, or when the
property line is more than five feet from the building, between the building and a
line five feet from the building. On waterfront parcels as defined in the shoreline
master program, the definition of grade from the shoreline master programs shall be
used (WAC 173-14-030(3)). (Ord. 92-08 § 2, 1992)
J. Lot Area
“Lot area” means the total horizontal area within the lot lines, excluding any area
seaward of the line of the ordinary high water mark, and excluding private streets
and lot area in panhandles or flag lots narrower than 30 feet. (Ord. 92-08 § 2, 1992)
K. Lot Coverage
“Lot coverage” means that portion of the total lot area covered by buildings,
excluding up to 24 inches of eaves on each side of the building, any building or
portion of building located below pre-development and finished grade (Ord. 2004-
12 § 5, 2004: Ord. 92-08 § 2, 1992). Any portion of a slatted or solid deck located
more than five feet above grade shall be counted towards lot coverage. Also
excluded are ground mounted accessory small wind energy generators, solar panels,
composting bins, rainwater harvesting barrels, and covers designed to shade ground
mounted heat pumps and air conditioners to increase their efficiency.
18.12 Dimensional Standards
18.12.050 Rules of Measurement
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L. Lot Depth
“Lot depth” means the horizontal distance from the midpoint of the front lot line to
the midpoint of the rear lot line, or to the most distant point on any other lot line
where there is no rear lot line.
M. Lot Width
“Lot Width” means the diameter of the biggest circle that
can fit entirely inside the lot boundary line.
N. Rear Setback
“Rear setback” means a setback extending from a
building, structure or use to the rear lot line. If a
property has more than one front yard, then rear setback
does not apply. In the shoreline jurisdiction, rear
setback does not apply since native vegetation zone
requirements exceed rear setback requirements. (Ord.
2004-02 § 8, 2004: Ord. 92-08 § 2, 1992. Formerly
18.06.940)
O. Setback
“Setback” means the required distance measured horizontally between every
building, structure or use and the lot lines, planned rights-of-way, rights-of-way or
streets. (Ord. 2004-02 § 5, 2004: Ord. 92-08 § 2, 1992)
P. Side Setback
“Side setback” means a setback extending from a building, structure or use to the
side lot line. When a parcel has two or more front setbacks, the remaining setbacks
are to be considered side setbacks. (Ord. 2004-02 § 9, 2004: Ord. 92-08 § 2, 1992.
Formerly 18.06.945) If a property is bordered on three or more sides by streets, the
minimum setback on the remaining side is the minimum setback required for that
zone district. If the property is bordered on two sides by streets, the two remaining
sides shall meet the minimum and total side setbacks. When a setback for an
existing structure is smaller than the minimum required, the minimum for the
second side setback does not need to make up the difference – the second side
setback need only be as large as if the nonconforming side yard met its minimum
requirement.
Q. Shoreline Structure Setback
“Shoreline structure setback” is measured as the shortest distance measured on a
horizontal plane between the ordinary high water mark and the principle building at
18.12 Dimensional Standards
18.12.050 Rules of Measurement
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the point of the building nearest the water (including eaves), excluding structures
less than 30 inches in height that are attached to the principle building. (Ord. 2004-
12 § 7, 2004: Ord. 92-08 § 2, 1992) All Shoreline setbacks shall conform to the
provisions of 18.12.030.F.
R. Structure Height
“Structure height” is measured at the highest point above grade of a structure other
than a building, except as otherwise provided by this Code. (Ord. 95-13 § 1, 1995)
S. Through Lots – Accessory Building Setbacks
In through lots, setbacks for accessory buildings in rear setbacks shall conform to
the front setback requirements for a principal building. Decks less than 36 inches in
height extending into required rear and side setbacks may be attached to the
principal building. (Ord. 2004-02 § 1, 2004; Ord. 92-08 § 2, 1992)
18.15 Development Standards and Guidelines
18.15.010 Landscaping and Screening
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1188..1155 DDEEVVEELLOOPPMMEENNTT SSTTAANNDDAARRDDSS AANNDD GGUUIIDDEELLIINNEESS
All development in the City of Bainbridge Island shall comply with the development standards in
this Chapter 18.15 unless it is explicitly exempted or other applicable laws impose a more
specific standard or criteria. The following sections of BIMC may impose additional
development standards, and in the case of conflict between any two or more development
standards or criteria, the more specific shall apply, except that in the event of a conflict
between any provision of this BIMC 18.15 and the provisions of BIMC 16.12 (Shoreline Master
Program) or BIMC 16.20 (Critical Areas) on a topic where state law requires the standards or
criteria of BIMC 16.12 or 16.20 to apply, those standards shall supersede this section.
A. BIMC 2.16.020.Q Housing Design Demonstration Program
B. BIMC 15.20 through 15.21 Stormwater Management
C. BIMC 16.12 Shoreline Master Program
D. BIMC 16.20 Critical Areas
E. BIMC 16.26.040 Right-to-Farm -- Buffers
F. BIMC 16.28.040 Mining – Regulations-Buffers
G. BIMC 17.12.030 Flexible Lot Design Open Space/Cluster Standards BIMC 17.20.020
Dedication of Land for Parks and Open Space Facilities
H. BIMC 18.09.030 Use Specific Standards
18.15.010 LANDSCAPING AND SCREENING
All development shall comply with the following regulations addressing landscaping and
screening unless other applicable regulations require additional or different forms of
landscaping or screening, in which case the more specific standard or criteria shall govern.
A. Purpose
1. General
The purpose of this chapter is to preserve the landscape character of the
community, link the Island’s natural amenities with landscape greenbelts along
scenic roads, improve the aesthetic quality of the built environment, promote
retention and protection of existing vegetation, reduce the impacts of
development on wetlands, streams and the natural environment, enhance the
value of current and future development and increase privacy for residential
zones by:
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a. Retaining existing vegetation, tree stands and significant trees by
incorporating them into the site design.
b. Incorporating native vegetation and drought resistant plant material into new
landscape developments.
c. Providing vegetated screening between different intensities of residential
uses.
d. Providing visual relief of parking areas in the neighborhood service centers,
the Winslow Mixed Use Town Center, and the light manufacturing, (water
dependent) industrial, high school road and urban multifamily districts.
e. Providing vegetated screening between residential and nonresidential areas.
(Ord. 96-09 § 2, 1996)
2. Specific Zone Districts
a. For single-family residential uses outside the Winslow Mixed Use Town
Center, NSC, and B/I districts (R.0.4 through R-6 districts) that require more
than just a building permit (i.e. lots created through the flex-lot design
process) the additional specific intent is to preserve, protect and enhance
critical areas, protect the natural forested areas and preserve the greenbelts
along designated scenic roadway corridors.
b. In the R-8 and R-14 multifamily residential districts, the additional specific
intent is to screen urban multifamily projects from adjacent lower density
residential properties and to soften the appearance of surface parking areas.
c. For non-residential uses outside the Winslow Mixed Use Town Center, High
School Road I and II, NSC, B/I, and WD-I districts the additional specific intent
is to retain the natural landscape qualities of the Island by retaining existing
vegetated buffers to screen views of structures and parking areas and to
buffer between areas of high and low intensity uses.
d. In the Winslow Mixed Use Town Center Central Core and Ferry Terminal
Overlay districts, the additional specific intent is to provide an urban
character by incorporating landscape standards; and to provide landscape
development to screen uses from single-family residential properties and to
soften the appearance of surface parking areas.
e. In the Winslow Mixed Use Town Center Ericksen Avenue and Madison Overlay
districts, the additional specific intent is to retain the character of landscape
front yards; and to provide landscape development to screen uses from
single-family residential properties; and to soften the appearance of surface
parking areas.
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18.15.010 Landscaping and Screening
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f. In the Winslow Mixed Use Town Center Gateway Overlay district, the
additional specific intent is to retain the greenbelt located adjacent to SR 305
consistent with the greenways plan and to provide landscape development to
screen uses from single-family residential properties.
g. In the High School Road I and II districts, the additional specific intent is to
provide landscape development to screen uses from adjacent single-family
residential properties and to soften the appearance of surface parking areas.
h. In the NSC district, the additional specific intent is to incorporate landscape
standards that support pedestrian scale neighborhood uses compatible with
the intensity of the surrounding residential neighborhood; to minimize the
impact of lighting, noise and views of surface parking areas; and to provide a
buffer between higher and lower intensity uses.
i. In the B/I district, the additional specific intent is to provide a year-round
vegetated screen and a noise and site lighting buffer of industrial
development from adjacent nonindustrial properties and roadways.
j. In the WD-I district, the additional specific intent is to provide landscape
development that screens parking lots and large structures, but allows visual
access to the shoreline and small scale active industrial facilities.
B. Applicability
1. All new development, except single-family residential building permits, shall be
subject to the requirements of this chapter, except as required by subsections
B.2 and B.3 below.
2. Projects subject to the conditional use permit process may be required to exceed
the requirements of this chapter.
3. Specific submittal requirements for landscaping plans are included in the City’s
Land Use Administrative Manual.
4. Specific landscape requirements applicable to development in each zone district
are summarized in the following Table 18.15. 010-1.
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18.15.010 Landscaping and Screening
City of Bainbridge Island 100
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Table 18.15.010-1: Landscape Requirements by Zone District
Landscape Requirements
Land Use Districts
Significant Tree &
Tree Stand Retention (BIMC
18.15.010.C)
Perimeter
Landscape (BIMC 18.15.010.D)
Roadside Buffer (BIMC 18.15.010.E)
Parking Lot
Landscaping (BIMC 18.15.010.F)
Planting
Requirements (BIMC 18.15.010.E)
Irrigation
(BIMC 18.15.010.F)
Maintenance
(BIMC 18.15.110.G)
Single-Family Residential for which Only a Building Permit is Required
(Existing Non-Flex Lots)
Single-Family Residential Development Outside Winslow Mixed use, NSC, and
B/I Districts (R-.04 through R-6 Districts) Other than Existing Lots for
which Only a Building Permit is Required (Flexible Lot Design Process)
X X
(Cluster Subdivisions Only) X X X X
R-8 and R-14 Multifamily Districts X X X X X X X
Nonresidential Uses in Areas Outside
Winslow Mixed Use, HSR, NSC, B/I, WD-I Districts X X X X X X X
Winslow Mixed Use Town Center
[1]
Central Core Overlay X X [2] X X X X
Ericksen Ave. Overlay X X X [2] X X X X
Madison Ave. Overlay X X X [2] X X X X
Gateway Overlay X X X [2] X X X X
Ferry Terminal Overlay X X [2] X X X X
High School Road District X X X [2] X X X X
NSC District X X X X X X X
18.15 Development Standards and Guidelines
18.15.010 Landscaping and Screening
City of Bainbridge Island 101
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Table 18.15.010-1: Landscape Requirements by Zone District
Landscape Requirements
Land Use Districts
Significant Tree & Tree Stand
Retention (BIMC 18.15.010.C)
Perimeter Landscape (BIMC
18.15.010.D)
Roadside Buffer
(BIMC 18.15.010.E)
Parking Lot Landscaping
(BIMC 18.15.010.F)
Planting Requirements
(BIMC 18.15.010.E)
Irrigation (BIMC
18.15.010.F)
Maintenance (BIMC
18.15.110.G)
B/I District X X X X X X X
WD-I District X X X X X X X
[1] Refer to Chapter 18.41 BIMC for additional landscape requirements specific to the Mixed Use Town Center districts.
[2] Roadside buffer requirement is adjacent to Highway 305 only.
18.15 Development Standards and Guidelines
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C. Significant Tree and Tree Stand Requirements
Where Table 18.15.010 indicates that development must comply with the
requirements of this subsection C, all development shall comply with the following
requirements. These requirements are intended to supplement any regulations in
BIMC 16.20 (Critical Areas), which remains the primary source of regulation for
environmentally sensitive areas in Bainbridge Island. In the event of any
inconsistency between the requirements of this subsection C and the requirement of
BIMC 16.20, the requirements of BIMC 16.20 shall apply.
1. Retention
a. Intent
The intent of these regulations is to preserve the forested character of the
Island in all land use districts excluding the central core and ferry terminal
districts by preserving significant trees and tree stands located in perimeter
landscape areas and within a site’s interior.
b. Perimeter Landscape Area Requirements
All applicants shall retain all significant trees and tree stands located in the
perimeter landscape areas. Perimeter landscape widths may be averaged to
save significant trees, but shall not be reduced less than the allowed
minimum perimeter dimension.
2. Protection During Construction
a. Intent
The intent of these regulations is to provide the best protection for
significant trees and tree stands.
b. Requirements
i. No cutting of significant trees shall be allowed on a site until the planting
and significant tree and tree stand retention plans have been approved by
the department.
ii. An area of prohibited disturbance, generally corresponding to the dripline
of the significant trees and/or tree canopy of tree stands shall be
identified by the applicant and approved by the department before
commencement of site plan preparation. A temporary four-foot high
chain link or four-foot high plastic net fence shall delineate the area.
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iii. No impervious surfaces, fill, excavation, vehicle operations, compaction,
removal of native soil or storage of construction materials shall be
permitted within the area defined by such fencing.
iv. A rock well shall be constructed if the grade level around the tree is to be
raised more than one foot. The inside diameter of the well shall be equal
to the diameter of the dripline of the tree or tree canopy of tree stands.
v. The grade level shall not be lowered within the larger of (a) the dripline of
the tree, or the tree canopy of tree stands, or (b) the area recommended
by a consulting arborist certified by the International Society of
Arboriculture.
vi. Alternative protection methods may be used if determined by the
department to provide equal or greater tree protection. Alternative
protection methods must be recommended by a consulting arborist
certified by the International Society of Arboriculture.
vii. The arborist shall be selected from a list of current arborists, certified by
the International Society of Arboriculture and paid for by the applicant.
3. Replacement
a. Intent
The intent of these regulations is to discourage the unauthorized removal of
significant tree(s) and tree stands; and to establish a replacement or fine if
such activity occurs.
b. Requirements
When the required number of significant trees or tree stands are not
retained, they shall be replaced as determined by the department with (i) an
equal number of transplanted significant trees or tree canopy; or (ii) new
trees measuring 1.5-inch caliper if deciduous and four feet high if evergreen,
at a replacement rate of 1.5 inches diameter for every one-inch diameter
(measured diameter – breast – height) of the removed significant tree or trees
within a tree stand. The replacement rate determines the number of
replacement trees. The trees removed shall be replaced with trees of the
same type, evergreen or deciduous. The replacement trees shall also be
replaced in the same location as the trees removed. Native shrubs and
ground cover shall also be replaced when replacing tree stands due to
unauthorized removal. Shrubs shall be one gallon size planted four feet on
center spacing, ground cover shall be one gallon size planted three feet on
center spacing. The shrubs and ground cover shall be planted within the
limits of the previous tree stand canopy.
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c. Enforcement and Penalties
Failure to replace or transplant trees will be enforced as provided in this
Code; provided, that any fine shall be no less than three times the value of
the trees, as determined by the current standards of the International Society
of Arboriculture. If unauthorized tree(s) or vegetation removal occurs within
the public right-of-way, all permits in force on the subject property shall be
suspended and no new permits issued until the tree(s) or vegetation has
been replaced or all penalties have been satisfied.
4. Modification of Requirements
If the significant tree and tree stand retention requirements of this section create
an unnecessary hardship, the applicant may request a modification. The director
may administratively approve a modification of the significant tree and tree
stand requirements of this section if the director finds that the following
standards have been met:
a. The modification is necessary because of special circumstances relating to
the location of existing significant trees and tree stands that prevents
compliance with this section; and
b. The special circumstances of the subject property make the strict
enforcement of the provisions of this section an unnecessary hardship to the
property owner; and
c. The special circumstances of the subject property are not the result of the
actions of the applicant; and
d. The approving of the modification will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity
and land use district in which the subject property is located; and
e. The modification is consistent with the purpose and intent of this chapter;
and
f. The site design incorporates the retention of other natural vegetation in
consolidated locations that promotes the natural vegetated character of the
site.
D. Perimeter Landscape Requirements
1. Intent
To provide a vegetated screen between uses or land use districts, to screen
parking areas and structures located adjacent to public rights-of-way, and to
allow visual and physical access to pedestrian and other nonmotorized oriented
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uses, such as a multipurpose trail or bikeway if those trails could be
accommodated without compromising significant vegetation or hazardous
slopes. Additional buffers may be required per 16.20.170, Special Requirements
for the Winslow Ravine.
2. Requirements by District
In addition to meeting the General Requirements of subsection D.4, applicants
shall meet the specific requirements of Table 18.15.010-2 applicable to the zone
district or overlay district in which the property is located. In the case of a
conflict between the requirements of this subsection D.2 and the requirements
of subsection D.4, the requirements of this subsection D.2 shall apply. These
perimeter landscape requirements are in addition to required roadside
landscaping in subsection E. and parking lot landscape requirements in
subsection F below.
Table 18.15.010-2: Perimeter Landscaping Requirements by District
Abutting zoning or land use Perimeter Landscape Type Perimeter Width (ft) Minimum Perimeter Width (ft)
Multifamily in R-1 District
Single-family
residential Full Screen 25 N/A
R-8 and R-14 Multifamily Districts
Single-family residential (UR) Partial Screen 20 15
Urban multifamily Filtered Screen 15 10
Nonresidential Uses in Areas
Outside Winslow Mixed Use, HSR, NSC, B/I , WD-I Districts
Residential including multifamily Full Screen 25 15
Nonindustrial uses Full Screen 20 10
Winslow Town Center Mixed Use District [1]
Single-family
residential Full Screen 20 15
HSR I and II Districts
Single-family residential Full Screen 20 15
NSC Districts
Residential including multifamily Full Screen 15 10
NSCs Filtered Screen 10 10
B/I Districts
Non-light industrial Full Screen[4] 50 35
Light manufacturing Partial Screen 15 10
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Table 18.15.010-2: Perimeter Landscaping Requirements by District
Abutting zoning or land use Perimeter
Landscape Type
Perimeter Width
(ft)
Minimum Perimeter
Width (ft)
uses
WD-I Districts
Residential including multifamily Full Screen 40 20
Industrial uses Partial Screen 10 0
Nonindustrial uses Full Screen 10 5
[1] For perimeter landscaping requirements in the ferry terminal district transition area, north of Winslow Way, reference BIMC 18.12.030.C.
[2] Beginning 100 feet north of Winslow Way. This landscaping requirement shall not apply to the interior renovation of existing buildings.
[3] This landscaping requirement shall not apply to the interior renovation of existing buildings.
[4] Notwithstanding subsection D.2 above, all native shrubs and significant trees shall be retained within all landscape buffers, except that limited removal may be
allowed for permitted activities located within the buffer area. If necessary, the existing vegetation shall be supplemented to attain the required screening
density.
3. Perimeter Buffers in Residential Cluster Short Subdivisions, Cluster Long
Subdivisions, and Multifamily Subdivisions in the R-1 Zone District
a. When the cluster development option is selected pursuant to BIMC
17.12.020.B for property with a gross area of one acre or more and that is
located in the R-0.4, R-1, R-2 and R-2.9 districts, a 25-foot wide, filtered
screen landscape perimeter shall be required along the subdivision
boundary.
b. When the cluster development option is selected pursuant to BIMC
17.12.020.B for property with a gross area of one acre or more and that is
located in the R-3.5, R-4.3, R-5, R-6, R-8, and R-14 zone districts, a 10-
foot wide, filtered screen landscape perimeter shall be required along the
subdivision boundary.
c. In order to buffer the visual impact of the proposed subdivision and protect
off-site views, filtered screen landscaping, pursuant to BIMC 18.15.010.D.4,
shall be required within landscape perimeter buffers where mature trees and
shrubs cannot provide such screening.
d. Required landscape buffer width may be reduced through buffer averaging in
accordance with the criteria in BIMC 18.15.010.D.5, perimeter landscape
requirements. For example, buffers may be adjusted when such adjustments
contribute to the neighborhood character by incorporating significant trees
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and native vegetation, incorporate a unique landscape feature, or
accommodate a unique situation that allows continuation of an existing use,
such as a utility or other easement providing continued use.
e. Landscape buffers may be included in the required open space calculations
for a subdivision as noted in Table 18.15.010-3. Table 18.15.010-3 depicts
the landscape buffer requirements for subdivisions by zoning district and
denotes when the buffer may be included in the open space calculations.
These standards apply unless alternative buffers are required pursuant to
critical area review, the requirements of the Shoreline Management Act,
conditioned by SEPA review, or required for public health or safety reasons.
f. When a multifamily subdivision is created within the R-1 zone district, a 25-
foot wide, full screen landscape perimeter shall be required along the
subdivision boundary.
Table 18.15.010-3: Perimeter Landscape Requirements for Flexlot Subdivisions
Type of Subdivision Landscape Perimeter Buffer*,
(Cluster Option Subdivision Only)
Park and Conservation
Land Buffer
(Required for Both Cluster and Open Space
Subdivision Options)
Residential Subdivision in the
R-0.4, R-1, R-2, and R 2-9
districts
25'- Filtered Screen 25'- Filtered Screen (OS)
Residential Subdivision in the
R-3.5, R-4.3, R-5, R-6, R-8, and
R-14 districts
10'- Filtered Screen 25'- Filtered Screen (OS)
Multifamily Subdivision in the
R-1 zone district 25’ – Full Screen N/A
(OS) indicates that the buffer may be calculated in the required open space area for the subdivision.
*** Properties being subdivided with less than one acre are not subject to landscape buffer requirements.
4. General Requirements
a. Full Screen
Where full screen perimeter landscaping is required, the applicant must
provide:
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i. Minimum 70 percent evergreen trees ranging in height from four feet to
six feet at the time of planting with at least 50 percent being six feet
high; and
ii. Deciduous trees with a caliper of at least two inches at the time of
planting; and
iii. At least 20 percent of the trees shall be native species and drought
resistant; and
iv. The number of trees is determined by dividing the length of the
landscape perimeter by 10 feet; and
v. Evergreen shrubs at least 21 inches in height at the time of planting,
spaced no more than three feet on center, to achieve minimum four feet
height at maturity; and
vi. The number of shrubs is determined by dividing the length of the
perimeter by four feet; and
vii. Living ground cover shall be planted and spaced to achieve total coverage
within three years; and
viii. Plants may be clustered within the perimeter to screen structures
and parking areas.
b. Partial Screen
Where partial screen perimeter landscaping is required, the applicant must
provide:
i. Minimum 50 percent evergreen trees ranging in height from four feet to
six feet at the time of planting with at least 50 percent being six feet
high; and
ii. Deciduous trees with a caliper of at least two inches at the time of
planting; and
iii. At least 20 percent of the trees shall be native species and drought
resistant; and
iv. The number of trees is determined by dividing the length of the
landscape perimeter by 20 feet; and
v. Evergreen shrubs at least 21 inches in height at the time of planting,
spaced no more than three feet on center, to achieve minimum four feet
height at maturity; and
vi. The number of shrubs is determined by dividing the length of the
landscape perimeter by five feet; and
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vii. Living ground cover shall be planted and spaced to achieve total coverage
within three years; and
viii. Plants may be clustered within the landscape perimeter to screen
structures and parking areas.
c. Filtered Screen
Where filtered screen perimeter landscaping is required, the applicant must
provide:
i. One hundred percent deciduous trees two-inch caliper spaced no more
than 30 feet on center; and
ii. Evergreen shrubs minimum 21 inches in height at the time of planting
spaced no more than three feet on center to provide a continuous hedge
achieving a maximum height of three feet at maturity; and
iii. Living ground cover shall be planted and spaced to achieve total coverage
within three years.
5. Standards
The following standards apply to the full screen, partial screen and filtered
screen perimeter landscape requirements contained in this section.
a. Existing vegetation may be used in lieu of new plant material if not already
being used to meet another requirement.
b. A full screen will be required to screen utilities located above ground from
adjacent uses.
c. Perimeter landscaping shall be clustered in areas to screen structures, utility
structures, loading areas, parking lots, trash enclosures, storage areas and
mechanical equipment.
d. The department may approve the averaging of perimeter landscape widths to
provide adequate screening if it meets the criteria contained in this section.
Partial Screen Section Partial Screen Plan
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e. Earth berms in combination with shrubs and trees may be used to achieve
the initial planting height requirement.
f. Minimum landscape perimeter
dimensions are allowed when
perimeter averaging is applied.
The landscape perimeter can be
averaged only if the total
required perimeter dimension
square footage is achieved. The
director may allow landscape
perimeter averaging if the following criteria is met: (i) plant material is being
clustered to more effectively screen parking areas and structures; and (ii) the
quality of the perimeter landscape is not diminished; (iii) significant trees are
being retained.
6. Park Buffers and Buffers for Dedicated Conservation Lands
i. Notwithstanding the provisions of subsections 2, 3, and 4, a 25-foot
wide buffer shall be provided along a property line where the land
immediately adjacent to the subdivision boundary is a park or a future
park in a municipal plan, or dedicated conservation land area that has
been set aside for open space, wildlife habitat or public conservation
purposes by deed or conservation easement.
ii. In order to buffer the visual impact of the proposed subdivision and
protect off-site views, filtered screen landscaping, pursuant to BIMC
18.15.010.D.4, shall be required within park buffers and buffers for
dedicated conservation lands buffers where mature trees and shrubs
cannot provide such screening.
E. Street Frontage Landscaping Requirements for Commercial, Institutional,
and Multifamily Development and Residential Subdivisions
1. Roadside Buffers for Commercial, Institutional and Multifamily Development
The following table indicates the type of landscaping required when the subject
property directly abuts a right-of-way. Roadside buffers may be required for
commercial, institutional, or multifamily development where a Site Plan Review or
Conditional Use Permit is required. The buffers shall be pursuant to the screening
standards set forth in section 18.15.010.D.4. Required landscape buffer widths may
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be reduced to the minimum widths stated in Table 18.15.010-4 through buffer
averaging in accordance with the criteria in BIMC 18.15.010.D.5.
Table 18.15.010-4: Roadside Buffer Requirements* by District
Existing Zoning/Use Abutting Use
Right of Way (not
including Hwy 305) Highway 305****
Neighborhood Service Center 10’ Filtered Screen/5’
Minimum
10’ Filtered Screen/5’
Minimum
Mixed Use Town Center*** N/A 50’ Full Screen**/35’
Minimum
High School Road N/A 50’ Full Screen/35’
Minimum
Urban Multifamily 20’ Partial Screen 20’ Partial Screen
Conditional Uses within Residential Zone
Districts
25’ Partial Screen/15’
Minimum
25’ Partial Screen/15’
Minimum
Business/Industrial (B/I) 50’ Full Screen/35’ Minimum 50’ Full Screen/35’
Minimum
Water Dependent Industrial 10’ Partial Screen/5’
Minimum
10’ Partial Screen/5’
Minimum
* All roadside buffers must be planted if not already existing.
** Beginning 100’ north of Winslow Way.
*** For perimeter landscaping requirements in the ferry terminal district transition area, north of Winslow Way,
reference BIMC 18.12.030.C.
**** A buffer is required along Highway 305, which is designated as a scenic highway.
2. Roadside Buffers for Residential and Commercial Subdivisions
Roadside buffers are required for both residential and commercial subdivisions.
The type and width of the required buffer varies by the type of roadway the
subdivision is adjacent to, as well as the condition of the existing roadside
vegetation. The buffers shall be pursuant to the standards set forth in section
18.15.010.D.4.
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Table 18.15.010-5: Subdivision Roadside Buffer Requirements
Type of Subdivision Right-of-Way (Buffers Required for Both Open Space and Cluster Flexlot Subdivision Options
along Arterial and Collector Roads**,***)
Residential
Subdivision in the R-
0.4, R-1, R-2, and R 2-9
districts
50'- Mature Trees and Shrubs or 25'- Full Screen
Residential
Subdivision in the R-
3.5, R-4.3, R-5, R-6, R-
8, and R-14 districts
No requirement, unless necessary to reflect neighboring development patterns (OS)
Commercial and
Multifamily
Subdivisions
25’ – Full Screen adjacent to all designated scenic roads
(OS) indicates that the buffer may be calculated in the required open space area for open space subdivisions.
** Roadside Buffers: A 25-foot full screen buffer must be planted along applicable roadways when no mature trees and
shrubs exist along the property boundary in zones R-0.4, R-1, R-2 and R-2.9.
*** Properties being subdivided with less than one acre are not subject to roadside buffer requirements.
a. Roadside Buffer General Requirements
i. All residential subdivisions and short subdivisions subject to landscape
buffering requirements shall comply with the standards in this
subsection, including those in Table 18.15.010-5.
b. Roadside Buffers in Residential Short Subdivisions
i. Except for properties containing a gross area of less than one acre, where
mature trees and shrubs of a forested nature are located adjacent to
public roads that are designated as collector or arterial roads on the
adopted road classification map, a 50-foot-wide vegetative buffer shall
be maintained. However, in the R-3.5, R-4.3, R-5, R-6, R-8 and R-14
districts a roadside buffer is not required unless it is determined that a
landscape buffer is necessary to maintain the character of the
neighborhood or to reflect neighboring development patterns. The
provisions for buffer averaging provided in BIMC 18.15.010.D.5 shall
apply.
ii. Where there are no mature trees and shrubs that contribute to the
existing forested character of these roads, the character of the
neighborhood shall be maintained by establishing building setbacks
equal to or greater than the existing building setbacks on the adjacent
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properties. At no point shall the building setback be less than
requirements in Title 18.
iii. To accommodate an existing house that is located within 50 feet of the
property line adjacent to a collector or arterial road, the roadside buffer
area width shall be reduced to the width adjoining the existing home
between the existing house and the property line adjacent to the collector
or arterial road.
c. Roadside Buffers in Residential Long Subdivisions
i. For subdivisions located in the R-0.4, R-1, R-2 and R-2.9 districts where
mature trees and shrubs of a forested nature are located adjacent to
public roads that are designated as collector or arterial roads on the
adopted road classification map, a 50-foot-wide vegetative buffer shall
be maintained. In the R-3.5, R-4.3, R-5, R-6, R-8, and R-14 districts a
roadside buffer is not required unless it is determined that a landscape
buffer is necessary to maintain the character of the neighborhood or to
reflect neighboring development patterns. The provisions for buffer
averaging provided in BIMC 18.15.010.D.5 shall apply.
ii. For property with a gross area of one acre or more and that is located in
districts R-0.4, R-1, R-2 and R-2.9, where there are no mature trees and
shrubs that contribute to the existing forested character of the roads, a
25-foot full screen landscape buffer shall be planted consistent with the
requirements of BIMC 18.15.010.D.4a, except as noted below in this
subsection.
iii. To accommodate an existing house that is located within 50 feet of the
property line adjacent to a collector or arterial road (or within 25 feet of
such a property line if subsection c.ii above applies), and to maintain the
character of the neighborhood and reflect neighboring development
patterns, the roadside buffer area width shall be reduced to the width
adjoining the existing home between the existing house and the property
line adjacent to the collector or arterial road. At no point shall the
building setback be less than requirements in Title 18.
iv. For subdivisions designating open space that is intended for agricultural
use and would be adversely impacted by the addition of screening
landscaping, a 25-foot roadside buffer as prescribed in subsection c.ii
above shall not be required.
d. Roadside Buffers in Multifamily and Commercial Subdivisions
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i. A minimum 25-foot vegetative buffer shall be established adjacent to all
designated scenic roads. The buffer shall be consistent with the
requirements for a full screen buffer, pursuant to BIMC 18.15.010.D.4.a.
e. Multiple Street Frontages
i. For properties subject to the roadside buffers requirement along two
property boundaries, the roadside buffer abutting the street with the
lower classification may be reduced to 25 feet in width. For properties
that abut more than two streets requiring roadside buffers or in
situations where both abutting streets are of the same road classification,
one roadside buffer of the full required width shall be required and all
other roadside buffers may be reduced to 25 feet; provided, that the full
required width buffer is located where a greater number of significant
trees can be incorporated into the buffer.
F. Parking Lot Landscaping
The requirements of this subsection F are in addition to required perimeter
landscaping under subsection D above. When more than one building is placed on a
lot or a building is placed in the center of the lot with parking all the way around it,
the street perspective is used to determine that landscaping guidelines to follow for
parking lot landscaping.
1. NSC, B/I, and WD-I Districts and Nonresidential Uses Outside Winslow Mixed Use
Town Center Overlay Districts and High School Road Mixed Use Districts.
All applicants in these areas shall provide the following types and amounts of
landscaping. Parking lots shall meet the requirements of BIMC 18.15.020.
Applicants may refer to the standards contained in this section for optional
planting locations within parking areas.
a. Intent
The intent of this section is to screen views of parking lots. To provide shade
and visual relief within parking lots, to limit impacts of impervious surfaces
and to reinforce safe pedestrian access to buildings.
b. Requirements for Parking Lots Located Adjacent to Public Rights-of-Way
i. One tree for every four parking stalls; and
ii. Minimum 30 percent evergreen trees; and
iii. Deciduous trees minimum two-inch caliper, evergreen trees minimum six
feet high at the time of planting; and
iv. Evergreen shrubs minimum 18-inch height at the time of planting spaced
no more than three feet on center, to provide a continuous hedge
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achieving a maximum height of three feet at maturity located adjacent to
the rights-of-way (this may be achieved with the perimeter landscape);
and
v. Evergreen ground cover planted and spaced to achieve total coverage
within two years; and
vi. A landscaped area at the end of parking aisles.
c. Requirements for Parking Lots Not Abutting Public Rights-of-Way
i. One tree for every eight parking stalls; and
ii. One hundred percent of the trees may be deciduous; and
iii. Deciduous trees minimum two-inch caliper, evergreen trees minimum
four feet height at the time of planting; and
iv. Evergreen ground cover and/or shrubs planted and spaced to achieve
total coverage within two years; and
v. A landscaped area at the end of parking aisles.
Parking Adjacent to Right-of-Way Safe Pedestrian Access
Parking Area Screen
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d. Standards
i. Maintain shrubs at a maximum three feet height within parking lots so
views between vehicles and pedestrians will not be blocked.
ii. Landscape in planting islands or strips shall have an area of at least 100
square feet and with a narrow dimension of not less than five feet if
wheel stops are provided to prevent vehicle overhang. A narrow
dimension of not less than eight feet may be provided if the vehicle
overhang area is included in the planting area.
iii. Provide permanent curbs or wheel stops to protect the plantings.
iv. Significant trees and tree stands may be used in lieu of new landscape
requirements if they are in addition to the significant tree and tree stand
retention requirements.
v. Clustering of new plant material within parking lots may be approved or
required by the department if the intent of this section is met.
vi. Refer to the suggested landscape materials matrix for tree species
appropriate for parking lots.
2. Winslow Mixed Use Town Center Overlay Districts, High School Road Districts, R-
8 and R-14 Districts.
All applicants in these areas shall provide the following types and amounts of
landscaping. Parking lots shall meet the requirements of BIMC 18.15.020.
Applicants may refer to the standards contained in this section for optional
planting locations within parking areas.
a. Intent
The intent of this section is to soften the appearance of surface parking lots.
To provide more intensive landscaping when surface parking lots are
exposed to public view.
b. Parking Lots Located in the Front of Buildings and Adjacent to Public Rights-
of-Way.
i. One tree for every two parking stalls; and
ii. One hundred percent of the trees may be deciduous; and
iii. Deciduous trees minimum two-inch caliper; and
iv. Evergreen shrubs planted to form a hedge, minimum 18-inch height at
the time of planting, spaced no more than three feet on center, not to
exceed a mature height of three feet located adjacent to the public
rights-of-way (this may be achieved with the perimeter landscape); and
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v. Deciduous trees minimum two-inch caliper spaced no more than 30 feet
on center located along the public rights-of-way (this may be achieved
with the perimeter landscape); and
vi. Evergreen ground cover and/or shrubs planted and spaced to achieve
total coverage within two years; and
vii. A landscaped area at the end of parking aisles.
c. Requirements for Parking Lots Located to the Side of Buildings and Adjacent
to Public Rights-of-Way
i. One tree for every four
parking stalls; and
ii. One hundred percent of the
trees may be deciduous; and
iii. Deciduous trees minimum
two-inch caliper; and
iv. Evergreen shrubs planted to
form a hedge, minimum 18-inch height at the time of planting, spaced
no more three feet on center, not to exceed a mature height of three feet
located adjacent to the public rights-of-way (this may be achieved with
the perimeter landscape); and
v. A landscaped area at the end of aisles; and
vi. Deciduous trees minimum two-inch caliper spaced no more than 30 feet
on center located along the public rights-of-way (this may be achieved
with the perimeter landscape); and
vii. Evergreen ground cover and/or shrubs planted and spaced to achieve
total coverage within two years.
d. Requirements for Parking Lots Located Behind Buildings and Not Adjacent to
Public Rights-of-Way.
i. One tree for every eight parking stalls; and
ii. One hundred percent of the trees may be deciduous; and
iii. Deciduous trees minimum two-inch caliper, evergreen trees minimum
four feet height at the time of planting; and
iv. Evergreen ground cover and/or shrubs planted and spaced to achieve
total coverage within two years; and
v. A landscaped area at the end of aisles.
e. Standards
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i. Maintain shrubs at a maximum three feet height within parking lots so
views between vehicles and pedestrians will not be blocked.
ii. Landscape in planting islands or strips shall have an area of at least 100
square feet and with a narrow dimension of not less than five feet if
wheel stops are provided to prevent vehicle overhang. A narrow
dimension of not less than eight feet may be provided if the vehicle
overhang area is included in the planting area.
iii. Provide permanent curbs or wheel stops to protect the plantings from
vehicle overhang.
iv. Significant trees and tree stands may be used in lieu of new landscape
requirements if they are in addition to the significant tree and tree stand
retention requirements.
v. Clustering of new plant material within parking lots may be approved or
required by the department if the intent of this section is met.
vi. Refer to the suggested landscape materials matrix for tree species
appropriate for parking lots. (Ord. 2006-16 § 2, 2006: Ord. 2005-11 § 7,
2005; Ord. 99-64 § 10, 1999; Ord. 99-30 § 3, 1999; Ord. 99-17 §§ 13,
14, 1999; Ord. 96-09 § 2, 1996)
G. Planting Requirements
1. Intent
The intent of this section is to encourage the use of native species and
recommend planting conditions adaptive to Bainbridge Island.
2. Requirements
Landscape designs shall conform to the following provisions.
a. Areas not devoted to landscape required by this chapter, parking, structures
and other site improvements are encouraged to be planted or remain in
existing vegetation.
b. New plant materials shall include native species or nonnative species that
have adapted to the climatic conditions of the coastal region of the Puget
Sound Region.
c. New plant materials shall consist of drought resistant species, except where
site conditions within the required landscape areas assure adequate moisture
for growth.
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d. When the width of any landscape strip is 20 feet or greater, the required
trees shall be staggered in two or more rows as illustrated.
e. Existing vegetation may be used to augment new plantings to meet the
standards of this chapter.
f. Grass may be used as a ground cover where existing or amended soil
conditions assure adequate moisture for growth.
g. Ground cover areas shall contain at least two inches of composted organic
mulch at finish grade to minimize evaporation. Mulch shall consist of
materials such as composted yard waste, composted sawdust, and/or
manure that are fully composted.
h. Existing soils may need to be augmented with fully composted organic
material.
3. Performance Assurance
a. Performance assurance is required to assure the city that the landscape,
required by this section, is properly installed, will become established and be
adequately maintained.
b. The required landscape shall be installed prior to the issuance of a temporary
certificate of occupancy for the project. The Washington landscape architect,
Washington certified nursery professional or Washington certified landscaper
shall submit a landscaping declaration to the department to verify installation
in accordance with the approved plans.
c. The time limit for compliance may be extended to allow installation of
landscaping during the next appropriate planting season as approved by the
department if the director determines that a performance assurance device,
for a period of not more than one year, will adequately protect the interests
of the city. The performance assurance device shall be for 150 percent of the
cost of the work or improvements covered by the assurance device. In no
case may the property owner delay performance for more than one year.
d. The form and type of the performance assurance device shall be determined
by the director.
4. Maintenance Assurance
a. The property owner shall replace any unhealthy or dead plant materials in
conformance with the approved planting plan.
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b. A maintenance assurance device shall be required for a period of three years
after acceptance by the city of the new planting or transplanting of
vegetation to ensure proper installation, establishment, and maintenance.
c. The maintenance assurance device amount shall not be less than 20 percent
of the cost of replacing materials covered by the assurance device.
d. The form and type of the maintenance assurance device shall be determined
by the director. (Ord. 96-09 § 2, 1996)
H. Irrigation
1. Intent
The intent of this section is to provide temporary or permanent irrigation within
new planting areas that do not have high soil moisture conditions. These
regulations shall not apply where provisions of BIMC 16.12 or 16.20 or any state
or federal law restricts irrigation, and in case of conflict with any provision of
those laws, the provisions of those laws shall govern.
2. Requirements
a. Except for areas of undisturbed existing vegetation, all landscape areas that
do not have high soil moisture conditions shall have temporary or permanent
irrigation systems. Temporary systems may be removed after 24 months or
two growing seasons, whichever occurs first; provided that the plantings are
established.
b. Areas where existing site conditions assure adequate soil moisture for
growth within the required landscape area shall have temporary irrigation
systems only as required to sustain new plantings.
c. Landscape areas consisting of drought resistant vegetation may require
temporary irrigation systems. Permanent irrigation systems located within
required landscape areas should include the following features:
i. Moisture or precipitation sensors; and
ii. Automatic timers set for operation to assure adequate moisture levels;
and
iii. Head-to-head spacing, if sprinkler heads are proposed; and
iv. Pressure regulating devices; and
v. Backflow prevention devices; and
vi. Separate irrigation zones for grass and planting beds; and
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vii. Other features required to comply with applicable state and city codes.
d. Irrigation water shall be applied with goals of avoiding runoff, low head
drainage, overspray, or other similar conditions where water flows onto
adjacent property, non-irrigated areas and impervious surfaces by:
i. Considering soil type and infiltration rates; and
ii. Using proper irrigation equipment and schedules, including features such
as repeat cycles, to closely match application rates with infiltration rates;
and
iii. Considering special problems posed by irrigation on slopes and in
median strips.
e. Irrigation systems shall be subject to the following additional provisions:
i. Systems in landscape strips less than five feet in width shall be designed
to ensure that overspray and/or runoff does not occur by use of system
design options such as low volume emitters; and
ii. Sprinkler heads with consistent application rates shall be selected for
proper area coverage, operating pressure, and adjustment capability; and
iii. Separate control valves shall be used to irrigate plants with differing
water needs. (Ord. 96-09 § 2, 1996)
I. Maintenance of Landscaping and Significant Trees
1. Intent
All new landscape plantings and significant trees and tree stands to be retained
shall be maintained to preserve the Island’s forested character.
2. Requirements
a. All landscaping, significant trees and tree stands shall be maintained for the
life of the project.
b. All landscaped areas required by this chapter, significant trees and tree
stands, except within critical areas or their protective buffers (defined in
BIMC 16.20), should be maintained in a healthy growing condition.
c. Landscape areas shall be kept free of trash.
d. All plant material shall be managed by pruning so that plant growth does not
conflict with public utilities, restrict pedestrian or vehicular access, or create
a traffic hazard. (Ord. 96-09 § 2, 1996)
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J. Screening of Certain Facilities
1. Outdoor Storage
In the NSC and B/I Districts, outdoor storage areas shall be screened. 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 from
public view.
2. Trash Dumpsters and Outdoor Equipment
a. In the NSC and B/I districts, 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.
b. In the B/I districts, trash and recycling containers shall be located to mitigate
noise impacts to nearby residential properties.
c. Small wind energy generators do not need to be screened.
3. Business/Industrial
In the B/I districts, light manufacturing uses shall visually screen the
development year-round from adjacent, nonindustrial properties and from
adjacent roadways. Landscape screening shall be provided in accordance with
subsection D.
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18.15.020 PARKING AND LOADING
All development shall comply with the following regulations addressing parking and loading
unless other applicable regulations require additional or different treatment of parking and
loading, in which case the more specific standard or criteria shall apply. The following sections
of BIMC may impose additional development standards, and in the case of conflict between any
two or more development standards or criteria, the more specific shall apply:
a. BIMC 16.12.100 Shoreline Master Program -- Parking
b. BIMC 16.20 Critical Areas
c. BIMC 18.15.010 Landscaping and Screening
A. Purpose
The purpose of this BIMC 18.15.020 is to provide for safe, efficient and well-
designed access and parking while minimizing the environmental and visual impact
of motor vehicle facilities. (Ord. 92-08 § 2, 1992)
B. General Requirements
1. 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.
2. No building permit shall be issued until the applicant has submitted satisfactory
plans demonstrating that required parking facilities will be provided and
maintained.
3. Unless authorized by a conditional use permit or this title, the use of property in
a residential zone for commercial parking is prohibited.
4. All driveways and other parking areas except those serving single-family
residences, shall be surfaced with permanent materials such as asphalt,
concrete, unit pavers, or pervious materials acceptable to Public Works
Department, and shall be designed to dispose of surface water, and pollutants
from motor vehicles as provided in the BIMC.
5. 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.
6. Unless approved by the director, only a single access to public right-of-way is
allowed for an individual lot. More than one access may be allowed by the
director if the director determines, based on drawings or other information
submitted by the applicant, that (a) the proposed site access includes measures
that mitigate any identified negative impacts or effects that would result from
the additional access point(s); and (b) the additional access point(s) will improve
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on-site or off-site traffic flow or is necessary for, or will help facilitate,
compliance with other requirements of this chapter.
7. Joint use of required access ways with adjacent properties is encouraged. The
director may approve joint access if the applicant demonstrates to the
satisfaction of the director that the joint access (a) will promote the orderly
development of the surrounding area; or (b) will help reduce or avoid cumulative
adverse impacts that would result from each property accessing the right-of-way
separately; and (c) will not create a safety hazard.
8. 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, except emergency and service and delivery vehicles, shall be allowed
onto a public right-of-way; provided, that the director may waive this
requirement where no reasonable design alternative exists.
9. 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. 2005-13 § 2, 2005; Ord. 92-08 § 2, 1992)
10. On street parking created or designated in conjunction with and adjacent to a
project may be included in the parking space calculation upon approval of the
director.
11. When a new commercial or mixed use development is required to provide
parking for more than 25 cars, at least one parking space near the entrance must
be reserved and signed for use by a shared-car program or electric vehicle
charging station.
12. For all development except for single family residential, the required parking for
two or more complementary uses may be reduced up to 50 percent when
provided by a common parking lot, but may not be reduced below the highest
parking requirement. The reduction shall be authorized by the issuance of a
conditional use permit. (Ord. 92-08 § 2, 1992)
C. Number of Automobile Spaces Required
1. General Provisions
All development shall provide the number of parking spaces indicated in this
subsection C and Tables 18.15.020-1 and 18.15.020-2. All parking lots shall
comply with the minimum requirements for handicapped parking spaces, as
required by Washington State regulations related to barrier-free facilities, with
the exception of single-family residential and multifamily residential
development on individual lots. Above ground parking lots exceeding the
number of spaces required by this section are not allowed unless approved by
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the planning commission; spaces provided in underground parking garages are
exempt from parking maximums.
Table 18.15.020-1: Off-Street Parking Spaces Required
for Residential, Neighborhood Service Center, Business/Industrial, and Water-Dependent Industrial Zone Districts
Land Use Spaces Required
Residential dwelling unit in a
single family residential district [1]
2 spaces for each primary dwelling unit and
1 space for each accessory dwelling unit.
Residential dwelling unit in a
multifamily residential, NSC, or B/I district
1 space per primary dwelling unit that is a studio or
1 bedroom unit, and 2 spaces for all other primary dwelling units.
Dwelling units situated directly above a commercial use or directly above parking serving a commercial
use in the NSC or B/I districts shall require 1 parking space. Dwelling units separate from the commercial
use or its parking by one or more intervening floors shall not be considered to be located “directly
above” that use, and therefore 2 parking spaces are required.
The director may require guest parking in excess of the required parking spaces, whether or not the
required parking is reduced pursuant to 18.15.020.B.12, up to a maximum additional 0.5 stall
per dwelling unit, if there is inadequate guest parking on the subject property.
Retail, commercial and personal
services in a building with less than 1,000 square feet of floor
area
5 spaces per 1,000 square feet of floor area, except
as modified by the parking standards for the Mixed Use Overlay Districts and High School Road
Districts below.
Retail, commercial and personal service in a building with 1,000
square feet of floor area or more
4 spaces per 1,000 square feet of floor area, except as modified by the parking standards for the Mixed
Use Overlay Districts and High School Road Districts below.
Industry and light manufacturing
uses
1 space for each employee plus 1 space for each
250 square feet of office space
Places of public accommodation serving food and beverage,
including but not limited to restaurants and taverns
1 space for each 4 occupants as determined by the department
For motels/hotels, and bed and
breakfasts
1 space for each sleeping room
For places of assembly, 10 spaces for each 1,000 square feet of floor area or
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Table 18.15.020-1: Off-Street Parking Spaces Required
for Residential, Neighborhood Service Center, Business/Industrial, and Water-Dependent Industrial Zone Districts
Land Use Spaces Required
including auditoriums, theaters, banquet rooms and religious
institutions
1 space for each 5 fixed seats, except for movie theaters which shall require 1 space per 4 seats.
Elementary, Middle, and Junior High Schools 1 space per 50 students and 1 space per employee
High Schools 1 space per 10 school students and 1 per employee
Educational, governmental,
health care and recreational facilities not included as part of a
elementary, middle, junior or high school or a religious
institution
A number of spaces adequate to accommodate the
peak shift as determined by the director based on information submitted by the applicant as required
for Other Uses and Special Cases below.
Day Care Centers 1 stall for each on-duty shift employee plus 1 stall for each 12 adults/children served by the facility.
Capacity is determined by state license requirements.
Other Uses and Special Cases For other uses or special cases, parking requirements shall be established by the director.
For determination by the director, the applicant shall supply (a) documentation regarding actual parking
demand for the proposed use; or (b) technical studies prepared by a qualified professional relating
to the parking need for the proposed use; or (c) required parking for the proposed use as determined
by other comparable jurisdictions.
[1] 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 one-half mile and
a one 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, and the required number of parking spaces shall not be reduced below 1 space per parking
unit. This provision does not preclude the authority of the director to require guest parking as described in this table.
Table 18.15.020-2: Off-Street Parking Spaces Required in Mixed Use Town Center Districts and High School Road Districts [1]
Land Use Spaces Required
Central Core
Overlay
Madison
Avenue Overlay
Ericksen
Avenue Overlay
Gateway
Overlay
Ferry
Terminal Overlay
High School
Road
I and II
Commuter
Oriented Not Permitted 1 space
per peak
Not
Permitted
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Table 18.15.020-2: Off-Street Parking Spaces Required in Mixed Use Town Center Districts and High School Road Districts [1]
Land Use Spaces Required
Central Core Overlay
Madison Avenue Overlay
Ericksen Avenue Overlay
Gateway Overlay Ferry Terminal Overlay
High School Road
I and II
Retail shift
employee
Other Commercial and Non-Residential Uses
Minimum spaces
per 1,000 sq. ft. [2]
2, except 3 in the
Parfitt-Waterfront
area
1 4
Entertainment Facilities 1 per 4 fixed seats Not Permitted 1 per 4 fixed seats
Maximum
above ground spaces
per 1,000 sq. ft.
5 3 5
Residential Uses
Minimum spaces per
unit [3]
1 space per primary dwelling unit that is a studio or 1 bedroom unit, and 2 spaces for all other primary dwelling units.
Each dwelling unit situated directly above a commercial use or directly above parking serving a commercial use in the NSC or B/I districts shall
require 1 parking space. Dwelling units separate from the commercial use or its parking by one or more intervening floors shall not be
considered to be located “directly above” that use.
The director may require guest parking in excess of the required
parking spaces, whether or not the required parking is reduced pursuant to 18.15.020.B.12, up to a maximum additional 0.5 stall per
dwelling unit, if there is inadequate guest parking on the subject property.
Maximum above ground
spaces per unit
2
Special Cases
Other uses
and special cases
For special cases not covered by this table, parking requirements shall
be established by the director. For determination by the director, the applicant shall supply (a) documentation regarding actual parking
demand for the proposed use; or (b) technical studies prepared by a qualified professional relating to the parking need for the proposed use;
or (c) required parking for the proposed use as determined by other comparable jurisdictions.
[1] For properties along Winslow Way, there shall be no driveway from private property to the
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Table 18.15.020-2: Off-Street Parking Spaces Required in Mixed Use Town Center Districts and High School Road Districts [1]
Land Use Spaces Required
Central Core Overlay
Madison Avenue Overlay
Ericksen Avenue Overlay
Gateway Overlay Ferry Terminal Overlay
High School Road
I and II
street except as approved as a conditional use. Driveways in existence prior to July 1, 1987, are excepted from this requirement.
[2] Applies to uses in the Food and Beverage, Office and Services, and Retail categories in Table 18.09.020. [3] 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 between one-half mile and a one 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, and the required number of parking spaces shall not be reduced below 1 space per parking unit. This provision does not preclude the authority of the director to require
guest parking as described in this table.
2. Special Provisions for Mixed Use Town Center Districts
a. Subject to approval as part of site plan review, the city and the developer may
voluntarily enter into an agreement to allow the parking requirement to be
met by contributing into a public or cooperative commercial effort to create
new structured or surface parking in that zone. This option shall only be
available upon initiation of a project to create new structured or surface
parking in that zone. The amount of the contribution shall be equivalent to
that necessary to provide the required number of parking spaces. Monies so
contributed shall be held, expended, or refunded in accordance with RCW
82.02.020.
b. 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. 2005-13 § 3, 2005; Ord. 99-17 §
8, 1999: Ord. 98-35 § 4, 1999; Ord. 96-08 § 11, 1996; Ord. 92-08 § 2,
1992)
c. In the core, gateway, and ferry terminal districts, parcels smaller than 8,000
sq. ft. may provide up to 100 percent of required parking off-site; parcels
between 8,000 and 12,000 sq. ft. may provide up to 75 percent of required
parking off-site; and parcels larger than 12,000 sq. ft. may provide up to 50
percent of required parking off-site. For commercial and residential
development, off-site parking must be located within a 1,000 ft. radius of
the edge of the development parcel. Any off-site spaces used to meet
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minimum parking requirements must be acquired either through the City’s
fee-in-lieu program as provided in BIMC Title 2, through fee simple
ownership by the developer, or through irrevocable easements/agreements.
d. In the Central Core Overlay District, up to 75 percent of required parking for
movie theaters may be met off-site if located within a 400 foot walking
distance of the edge of the development parcel.
e. In the Central Core Overlay District, parcels smaller than 8,000 sq. ft. shall
receive a credit against required off-street parking of 1 parking space per 10
feet of public street frontage, up to a maximum credit of 5 off-street parking
spaces.
D. Location of Spaces
1. 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.
2. 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.
3. Parking spaces serving dwelling units shall be located on the same lot with the
building they serve, In the central core, gateway, and ferry terminal districts,
one parking space per unit must be located on-site and any additional spaces
may be located off-site. All off-site spaces must be within a 1,000 ft. radius of
the edge of the development parcel and must be acquired through fee-in-lieu,
fee simple ownership, or a leasehold permanently linked to the unit.
4. Parking spaces serving nonresidential uses may be consolidated in a remote
location as permitted by this title. (Ord. 96-08 § 13, 1996; Ord. 92-08 § 2,
1992)
5. 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 setbacks.
6. The city may waive the limits on contiguous stalls and may approve reductions of
up to 50 percent of the parking lot setback requirements if significant trees are
saved and incorporated in the design of circulation and parking. (Ord. 2004-02
§ 21, 2004: Ord. 99-17 § 11, 1999; Ord. 92-08 § 2, 1992)
7. Tandem parking (two parking spaces located end-to-end rather than side-to-
side) may be approved by the Planning Director as part of the building permit
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provided that (1) the arrangement will not create traffic congestion due to
additional entry and exit movements; (2) on-street parking is available; and (3)
the arrangement will not adversely impact safety factors.
8. For on-street parking spaces, handicap parking shall be distributed throughout
the street and shall be separated from other handicap parking spaces by at least
10 non-handicap spaces, or as required by the building official.
E. Non-commuter Ferry Parking
Non-commuter ferry parking is permitted in the ferry terminal district as provided
below.
1. Permanent Non-commuter Parking Spaces
Permanent non-commuter parking spaces may be developed in under-building
or below grade parking in the ferry terminal overlay district, providing:
a. For each existing surface ferry parking space that is moved under-building
or below grade, one non-commuter additional parking space may be
developed under-building or below grade.
b. The total number of commuter additional parking spaces may not increase
the total parking inventory of 1,121 spaces. Non-commuter parking spaces
may not exceed 353 spaces. No property owner of an existing surface
parking lot may increase the total number of spaces on that property by
more than 225 spaces.
c. These non-commuter additional parking spaces are only for use by non-
commuter ferry passengers.
d. No grade level, under-building parking shall be adjacent to Winslow Way.
Ingress and egress to the parking shall be allowed from Winslow Way.
e. Any level of parking contained within or under the structure that is visible
from a public street shall be fully screened. Means of screening can include
another use, landscaping that provides a vertical screen, street trees or other
vegetation.
f. In addition to the screening required in subsection 1.e of this section, the
street facade of the parking structure shall be enhanced by architectural
detailing, art work (such as a mosaic, mural, decorative masonry pattern,
sculpture, relief) or similar visual interest features.
g. A plan to mitigate visual impact of the parking structure, including the
proposed landscaping and street facade treatment, shall be required as a
condition of development application approval.
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h. As a condition of development application approval, the property owner shall
include a plan for designating parking for only non-commuter use and shall
demonstrate how restriction of spaces for non-commuter parking will be
enforced. Failure to enforce shall subject the owner to the provisions of BIMC
1.26.
2. Temporary Non-commuter Ferry Parking
Temporary non-commuter ferry parking spaces may be developed as surface
parking in the ferry terminal overlay district under the following conditions:
a. The property owner shall submit an application for approval for the
construction of permanent non-commuter ferry parking spaces under
subsection E.1.
b. The property owner shall apply for and obtain a conditional use permit
authorizing the use of the property for temporary non-commuter ferry
parking. Such applications shall be processed as a minor conditional use
under BIMC Title 2.
c. Temporary non-commuter parking lots shall comply with the design and
construction requirements of this chapter, except that:
i. Temporary parking lots and associated driveways may be gravel; provided
that all drainage requirements are met;
ii. Temporary parking lots shall be exempt from the requirements of BIMC
18.15.030.A.2;
iii. Temporary parking lots shall be exempt from the requirements of BIMC
18.15.030.A.4. Internal walkways may be surfaced with gravel, except
that walkways providing access to handicapped spaces shall meet
accessibility requirements; and
iv. Temporary parking lots are exempt from the landscaping requirements of
BIMC 18.15.020.J.3.a and the screening requirements of BIMC
18.15.020.J.3.b.
d. Notwithstanding the provisions of BIMC Title 2 concerning Conditional Use
Permits, a conditional use permit authorizing temporary non-commuter ferry
parking spaces shall automatically expire 180 days after the date that the
permit is issued. The temporary non-commuter parking shall be removed
within 10 days after the permit expires.
e. Notwithstanding the provisions of BIMC Title 2 concerning Conditional Use
Permits, the department may grant one extension of a conditional use permit
authorizing temporary non-commuter ferry parking spaces for a period not
to exceed 180 days if:
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i. A request for an extension is received by the department no later than 30
days prior to the expiration of the permit;
ii. Termination of the permit would result in an unreasonable hardship to
the applicant, and the applicant is not responsible for the delay in
obtaining the approval of the permanent non-commuter ferry parking
spaces;
iii. An extension of the permit will not cause substantial detriment to
existing uses in the immediate vicinity of the subject property; and
iv. The temporary non-commuter parking shall be removed within 10 days
after the permit expires. (Ord. 2000-10 § 2, 2000: Ord. 99-64 § 9, 1999)
F. Temporary Ferry Commuter Parking
Temporary ferry commuter parking spaces may be developed as surface parking in
the Winslow Mixed Use Central Core, Gateway, or Ferry Terminal Overlay districts
under the following conditions:
1. An application has been submitted to redevelop a property on which existing
ferry commuter parking is located, as shown on Figure 6.2 of the Winslow Master
Plan, and this redevelopment will require the temporary displacement of existing
ferry commuter parking spaces.
2. The property owner shall apply for and obtain a conditional use permit
authorizing the use of the property for temporary ferry commuter parking. Such
applications shall be processed as an administrative conditional use under BIMC
Title 2.
3. The property owner shall comply with the requirements of BIMC 18.15.020.E.2.C.
4. Notwithstanding the provisions of BIMC Title 2 concerning Conditional Use
Permits, a conditional use permit authorizing temporary ferry commuter parking
spaces shall automatically expire one year from the date that the permit is
issued. The temporary ferry parking shall be removed within 10 days after the
permit expires.
5. Notwithstanding the provisions of BIMC Title 2 concerning Conditional Use
Permits, the department may grant one extension of a conditional use permit
authorizing temporary ferry commuter parking spaces for a period to be
determined by the director; provided, that: (i) a request for an extension is
received by the department no later than 30 days prior to the expiration of the
permit; (ii) termination of the permit would result in an unreasonable hardship to
the applicant; (iii) an extension of the permit will not cause substantial detriment
to existing uses in the immediate vicinity of the subject property; and (iv) the
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temporary ferry commuter parking shall be removed within 10 days after the
permit expires. (Ord. 2000-10 § 3, 2000)
G. Commercial Parking or Commercial Parking Businesses, Other than Ferry
Commuter Parking and Non-commuter Ferry Parking
Commercial parking may be developed for general public use at no fee, or as a
commercial parking business. Commercial parking businesses must comply with
provisions of BIMC 5.10.
1. Surface Parking Lots
Surface parking lots for commercial parking only, developed by public or private
concerns, or developed by a public or cooperative commercial effort shall be
treated as “Special Cases” under Table 18.15.020-2 and are permitted in the
core, gateway, and ferry terminal districts, providing:
a. Parking lots shall be sited on parcels within 200 feet of Winslow Way or lower
Madison (south of Wyatt).
b. Parking lots shall not be sited adjacent to a parcel containing a parking lot or
structure in which parking is the primary use.
c. Parking lots shall not exceed 30 spaces.
d. As a condition of development application approval, the property owner shall
include a plan for designating parking for only non-commuter use and shall
demonstrate how restriction of spaces for non-commuter parking will be
enforced. Failure to enforce shall subject the owner to the provisions of BIMC
1.26.
2. Structured Parking
Structured parking for commercial parking only, developed by public or private
concerns, or developed by a public or cooperative commercial effort as provided
for as a “Special Case” in Table 18.15.020-2 shall require a Conditional Use
Permit in the core district west of SR 305, providing:
a. Structures shall not be sited adjacent to a parcel containing a parking lot or
structure in which parking is the primary use.
b. As a condition of development application approval, the property owner shall
include a plan for designating parking for only non-commuter use and shall
demonstrate how restriction of spaces for non-commuter parking will be
enforced. Failure to enforce shall subject the owner to the provisions of BIMC
1.26.
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c. Any level of parking contained within or under the structure that is visible
from a public street shall be fully screened. Means of screening can include
landscaping that provides a vertical screen; a facade that incorporates
artwork (such as a mosaic, mural, decorative masonry pattern, sculpture,
relief) over a substantial portion of the facade; or trees and other vegetation.
d. A plan to mitigate visual impact of the parking structure, including the
proposed landscaping and/or artwork, shall be required as a condition of
development application approval.
H. Additional Provisions for the B/I Districts
The following additional parking and loading provisions shall apply in the B/I
districts.
1. On-street parking or staging of trucks on public streets is prohibited.
2. The primary vehicular access for business/industrial 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 exits 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.
7. Loading docks and doors facing a public street shall be offset from the access
drive and shall be screened from the street.
8. Where a residential unit for security is constructed in the B/I zone district one
parking space shall be provided.
I. Temporary Contractor Parking
Temporary contractor parking lots are permitted in the Mixed Use Town Center and
High School Road districts under the following conditions:
1. A land use application for property located within the Mixed Use Town Center or
High School Road Districts and anticipated construction activities related to the
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project will reduce availability of existing parking spaces for employees and/or
create a need for construction working parking.
2. Site Plan and Design Review pursuant to BIMC 2.16.040 shall be required prior to
issuance of clearing and/or grading permits related to the temporary contractor
parking lot.
3. All parking must be designated as reserved, and not available to the general
public.
4. All temporary contractor parking lots shall be surfaced with pervious material, to
the satisfaction of the City Engineer, except that any existing paved or gravel
area that is to be utilized as a temporary contractor parking lot may retain its
impervious surface.
5. Approval of the temporary contractor parking lot shall expire upon completion of
the specified project or within three years of the lot’s site plan review approval,
whichever comes first. To prevent serial use of a property as a temporary
contractor parking lot, a property shall not be utilized for such parking for more
than three years within a 10-year period.
6. A temporary contractor parking lot shall meet the requirements of BIMC 15.20
(Surface and Stormwater Management); BIMC 18.15.020.D.5 (Setbacks); and BIMC
18.15.010.F.
7. Except as specified below, all temporary contractor parking lot shall be designed
to retain all significant trees, as defined in BIMC 18.36, except when removal of
hazardous trees is permitted pursuant to BIMC 15.08.040. This significant tree
retention provision applies to all temporary contractor parking lots, including
those proposed for properties in the Central Core or Ferry Terminal Overlay
Districts. For those significant trees impacted by construction activity within
their driplines, the applicant shall submit a retention plan prepared by a certified
arborist addressing the impact of construction activity to the trees and the
likelihood for five-year survivability. The director may authorize removal of
significant trees to facilitate construction of a temporary contractor parking lot if
the applicant can adequately demonstrate that provisions a, b, and c, below have
been satisfied.
a. Alternative layouts are not possible because the tree locations preclude
meeting required driving aisle and parking stall dimensions; and
b. The lack of nearby, on-street parking prevents reduction of proposed
parking spaces; and
c. Site characteristics related to access points, topography, and critical areas
preclude alternative layouts that would allow retention of the trees
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d. Removal of hazardous trees, as provided in BIMC 15.08.040, shall not be
precluded by these significant tree retention provisions.
8. An application for the temporary contractor parking lot shall include a
restoration plan addressing revegetation and removal of parking surfaces. An
assurance device, guaranteeing completion of restoration, shall be posted with
the city prior to issuance of clearing and/or grading permits. Site restoration
shall be completed within six months of the application’s stated term of the
parking lot or upon discontinuance of the parking use, whichever occurs first.
9. A temporary contractor parking lot shall not be utilized as a construction yard.
Specifically, the parking lot shall not be used as a storage area for construction
materials or as a parking area for construction equipment.
J. Design Standards
1. Parking Space and Aisle Dimensions
Except as provided in subsection J.6, parking lots shall be designed according to
the parking chart and diagram below. Space depth shall be measured exclusive
of access drives, aisles and other physical obstructions. Small car spaces may
total no more than 30 percent of the required number.
a. Parking lots shall have direct access to a street or road easement and shall
provide unobstructed access driveways exclusive of the required parking
areas.
b. Multifamily and nonresidential developments shall use access standards as
shown in Table 18.15.020-3 below.
c. Where possible, single-family residences shall share access drives.
d. Access drive widths for single-family residences shall be determined by the
city engineer or fire marshal.
e. For parking located in structures, columns or other structural elements may
encroach into the parking space a maximum of six inches on a side;
provided, that no wall, post, guardrail, or other element shall obstruct car
door opening or the exitway of persons from a parked vehicle.
Table 18.15.020-3: Parking Space and Lot Design and Dimensions [1]
A
Parking Angle
B
Stall Width (ft.)
C [2]
Stall Depth (ft.)
D
Aisle Width (paved surface ft.)
Direction
of Travel
45°
7.5 16’ 11’ 1-way
8.5 19’ 13’ 1-way
7.5’ 16’ 18’ 2-way
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Table 18.15.020-3: Parking Space and Lot Design and Dimensions [1]
A
Parking Angle
B Stall Width (ft.)
C [2]
Stall Depth (ft.)
D
Aisle Width (paved surface ft.)
Direction of Travel
8.5’ 19’ 20’ 2-way
60°
7.5 16’ 14’ 1-way
8.5 20.5’ 14.5 1-way
7.5’ 16’ 20’ 2-way
8.5 20.5’” 20’ 2-way
75°
7.5 16’ 17.5 1-way
8.5 21’ 18.5’ 1-way
7.5 16’ 20’ 2-way
8.5 21’ 20’ 2-way
90° 7.5 16’ 20’ 2-way
8.5 20’ 24’ 2-way
[1] The first line of each category (e.g., 45°, 1-way travel) indicates the dimensions for compact cars. [2] Where wheel stops are required, they shall be placed 18 inches from the end of stall. Landscaping may be located between the wheel stop and the end of the stall. Landscaping so located shall be in addition to, and not part of, any landscaping required by this title.
(Ord. 2005-13 § 5, 2005; Ord. 99-17 § 10, 1999: Ord. 92-08 § 2, 1992)
2. 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)
3. Landscaping
a. Parking lots shall be landscaped in accordance with BIMC 18.15.010.F. (Ord.
96-09 § 3, 1996; Ord. 92-08 § 2, 1992)
b. Permeable paving materials are permitted and encouraged in both accessory
and primary parking lots. The following permeable paving materials have
been found to perform well in the Puget Sound Climate when properly
18.15 Development Standards and Guidelines
18.15.030 Mobility and Access
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designed: porous concrete, porous asphalt, plastic grid systems, and
interlocking pavers.
18.15.030 MOBILITY AND ACCESS
The intent of this section is to improve mobility and access for pedestrians, bicyclists, and
transit users in Bainbridge Island. All development shall comply with the development
standards of Chapter 58.17.110(1) RCW and all long, short, and large lot subdivisions shall
comply with the road and pedestrian access standards in BIMC 17.12.040.E.
A. Circulation and Walkways
The following standards shall apply to multifamily and nonresidential development.
1. Parking lots and driveways shall provide well-defined, safe and efficient
circulation for motor vehicles, bicycles and pedestrians.
2. 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.
3. Pedestrian walkways 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.
4. 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)
5. To provide connectivity between adjacent trails/walkways, pedestrian walkways
may be required.
B. Bicycle Facilities
The following requirements apply to multifamily and nonresidential developments.
1. Except as provided in subsection 2 of this section, all parking facilities, except
those serving single-family residences (including any use accessory thereto),
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 five
parking spaces with a minimum of four spaces provided for each parking lot.
18.15 Development Standards and Guidelines
18.15.030 Mobility and Access
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2. An applicant may request, and the director may approve, a reduction or waiver of
the requirements of subsection 1 of this section, based on the following
considerations: (a) the population to be served by the proposed use and the
likelihood of demand for the bicycle facilities by that population, (b) the
provision of alternative on-site area available for bicycle storage or security, (c)
the operational characteristics of a proposed use and their effect on the
likelihood or suitability of bicycle use. (Ord. 2005-13 § 6, 2005: Ord. 92-08 § 2,
1992)
3. In the Central Core, Gateway, and Ferry Terminal Districts, up to 40 percent of
the required bicycle parking spaces may be met off-site if the spaces are within
300 feet walking distance of the edge of the development parcel.
C. Transit Accommodation
In the B/I, Mixed Use Town Center, NSC, High School Road, and residential zone
districts, a proposed site plan shall accommodate bus stops along public rights-of-
way in locations identified by relevant Transit authorities. Any condition imposed
shall be based on an individualized determination of the nature and extent of
anticipated impacts of the proposed development.
18.15 Development Standards and Guidelines
18.15.040 Outdoor Lighting
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18.15.040 OUTDOOR LIGHTING
A. Purpose
The purpose of this chapter is to provide regulations that preserve and enhance the
view of the dark sky; promote health, safety, security, and productivity; and help
protect natural resources. The provisions of this chapter are intended to control
glare and light trespass. It is the intent of this chapter to provide standards for
appropriate lighting practices and systems that will enable people to see essential
detail in order that they may undertake their activities at night, facilitate safety and
security of persons and property, and curtail the degradation of the nighttime visual
environment. (Ord. 2002-15 § 1, 2002)
B. Applicability
1. All outdoor lighting fixtures installed on private and public property shall comply
with this chapter. This chapter does not apply to interior lighting; provided, that
if it is determined by the director that any interior lighting emitting light outside
of the building or structure in which it is located creates a light trespass, the
interior lighting shall be subject to the requirements of this chapter.
2. In the event of a conflict between the requirements of this chapter and any other
requirement of the Bainbridge Island Municipal Code the more specific
requirement shall apply. (Ord. 2002-15 § 1, 2002)
C. Exemptions
The following are exempt from the provisions of BIMC 18.15.040.
1. Traffic control signals and devices;
2. Street lights installed prior to August 15, 2002; provided, that when a street light
fixture becomes inoperable, any replacement street light fixture shall be subject
to the provisions of BIMC 18.15.040;
3. Temporary emergency lighting (i.e., fire, police, repair workers) or warning
lights;
4. Moving vehicle lights;
5. Navigation lights (i.e., radio/television towers, docks, piers, buoys) or any other
lights where state or federal statute or other provision of the Bainbridge Island
Municipal Code requires lighting that cannot comply with this chapter. In such
situations, lighting shall be shielded to the maximum extent possible, and
lumens shall be minimized to the maximum extent possible, while still
complying with state or federal statute;
18.15 Development Standards and Guidelines
18.15.040 Outdoor Lighting
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6. Seasonal decorations do not have to be shielded; provided, that they do not have
a brightness of more than 0.1 foot-candles at the property line on which they
are installed;
7. Outdoor lighting approved by the director for temporary or periodic events (e.g.,
fairs, nighttime construction); and
8. Internally illuminated signs permitted under by BIMC 15.08.
D. General standards
The following general standards shall apply to all nonexempt outdoor lighting
fixtures and accent lighting:
1. All outdoor lighting fixtures and accent lighting shall be designed, installed,
located and maintained such that there is no light trespass (see Figure 2 in BIMC
18.15.040.F).
2. Outdoor lighting fixtures and accent lighting must be shielded and aimed
downward. Examples of acceptable and unacceptable light pollution control
shielding are shown in Figures 1 through 3 in BIMC 18.15.040.F). The shield
must mask the direct horizontal surface of the light source. The light must be
aimed to insure that the illumination is only pointing downward onto the ground
surface, with no escaping direct light permitted to contribute to light pollution
by shining upward into the sky.
3. Outdoor lighting fixtures and accent lighting shall not directly illuminate public
waterways such as Puget Sound, even if the tidelands are privately owned, unless
it is a navigational light subject to state or federal regulations or otherwise
regulated by Chapter 16.12.
4. Accent lighting shall be directed downward onto the illuminated object or area
and not toward the sky or onto adjacent properties (see Figure 3 in BIMC
18.15.040.F). Direct light emissions of such accent lighting shall not be visible
above the roof line or beyond the building, structure, or object edge.
5. Spotlighting on landscaping and foliage shall be limited to 150 watts
incandescent (2,220 lumens output) and comply with other standards in this
chapter. (Ord. 2002-15 § 1, 2002)
E. Prohibited
1. The following fixtures (luminaires) are prohibited: (a) searchlights for any other
purpose other than temporary emergency lighting, (b) laser lights or any similar
high-intensity light for outdoor use or entertainment, (c) quartz lamps; and (d)
mercury vapor lamps.
18.15 Development Standards and Guidelines
18.15.040 Outdoor Lighting
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2. The city reserves the right to further restrict outdoor lighting including, but not
limited to, pole height, and level of illumination, when it is deemed to be in the
best public interest consistent with the purpose of BIMC 18.15.040. (Ord. 2002-
15 § 1, 2002)
F. Figures of acceptable shielding and direction of outdoor light fixtures
The following figures illustrate acceptable and unacceptable outdoor lighting
fixtures in the city:
18.15 Development Standards and Guidelines
18.15.040 Outdoor Lighting
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Figure 1: Freestanding Outdoor Lighting Fixtures
18.15 Development Standards and Guidelines
18.15.040 Outdoor Lighting
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Figure 2: Outdoor Lighting Fixtures – Street & Lot Light Cut-Off at Property Line
18.15 Development Standards and Guidelines
18.15.040 Outdoor Lighting
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Figure 3: Accent Lighting
(Ord. 2002-15 § 1, 2002)
18.15 Development Standards and Guidelines
18.15.050 Signs
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18.15.050 SIGNS
All development shall comply with those sign regulations contained in BIMC 15.08. In addition,
BIMC 16.20.130.C.13 contains additional signage regulations for Critical Area--Fish and
Wildlife Conservation Areas, and BIMC 16.20.160.D.9 contains additional signage regulations
for Critical Area – Wetlands.
18.18 Design Standards and Guidelines
18.18.010 Applicability
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1188..1188 DDEESSIIGGNN SSTTAANNDDAARRDDSS AANNDD GGUUIIDDEELLIINNEESS
18.18.010 APPLICABILITY
All development, exterior renovation and redevelopment shall comply with the following
regulations and guidelines, as applicable. In some cases, design standards in this section
18.18 may be waived or modified through the housing design demonstration program in BIMC
2.16.020.Q.
18.18.020 ENCOURAGING SUSTAINABILITY
The site designs of all developments and re-developments are encouraged to accommodate
solar panels, small wind energy generators, and raingarden/swales where practical.
18.18.030 SPECIFIC DESIGN REGULATIONS AND GUIDELINES
All development shall comply with the design regulations and guidelines applicable to that type
of development as set forth in this subsection 18.18.030 and the reference documents, which
are adopted as part of this Title 18 by reference. In the event of a conflict between two or more
design standards or regulations, the more specific shall apply.
A. Detached Single-Family Residential Developed Using the R-8SF Urban
Single-Family Overlay District
Detached single-family residential developed in accordance with the R-8SF Urban
Single-Family Overlay District Transfer of Development Rights program shall comply
with those regulations contained in “Design Guidelines for R-8SF Urban Single-
Family Overlay District” [Link to PDF file] if they want to develop at overlay zone
densities. (Ord. 2004-02 § 1, 2004; Ord. 2001-44 § 6, 2001)
B. Multifamily Residential
Multifamily development in the R-8 and R-14 zones shall comply with those
regulations contained in “Design Guidelines for Multifamily” [Link to PDF file.] (Ord. 99-
18 § 2, 1999); provided, that applications submitted prior to December 8, 1999,
shall not be subject to the requirements of this section.
C. Commercial and Mixed Use -- General
Development, redevelopment, and exterior renovation in commercial and mixed use
projects in all zoning districts except the B/I district shall comply with the general
guidelines in “Guidelines for Commercial and Mixed Use Projects – Including
18.18 Design Standards and Guidelines
18.18.030 Specific Design Regulations and Guidelines
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Guidelines for Lynwood Center, Island Center, and Rolling Bay,” as well as any
specific guidelines applicable to that type of development in the subsections below.
D. Non-Residential Uses in Residential Zones
Educational, cultural, governmental, religious or health care facilities in residential
zones shall comply with the general guidelines in “Design Guidelines for Commercial
and Mixed Use Projects”. (Ord. 2003-03 § 4, 2003; Ord. 2001-44 § 5, 2001: Ord.
99-65 § 1, 1999: Ord. 99-18 § 1, 1999: Ord. 97-08 § 1, 1997; Ord. 96-08 § 10,
1996)
E. Mixed Use Town Center and High School Road Districts
Development, redevelopment, or exterior renovation in the Mixed Use Town Center
Overlay districts and the High School Road districts shall comply with regulations
contained in “Design Guidelines for Mixed Use Town Center and High School Road
Zoning District”.
F. Lynwood Center NSC Design Guidelines
Development, redevelopment, and exterior renovation in Lynwood Center NSC zone
district shall comply with those regulations contained in Lynwood Center NSC
specific portion of “Guidelines for Commercial and Mixed use Projects – Including
Guidelines for Lynwood Center, Island Center, and Rolling Bay” [Link to PDF file.] (Ord.
2003-53 § 4, 2004).
G. Island Center NSC Design Guidelines
Development, redevelopment, and exterior renovation in Island Center NSC zone
district shall comply with those regulations contained in Island Center NSC specific
portion of “Guidelines for Commercial and Mixed use Projects – Including Guidelines
for Lynwood Center, Island Center, and Rolling Bay” [Link to PDF file.] (Ord. 2003-53
§ 5, 2004).
H. Rolling Bay NSC Design Guidelines
Development, redevelopment, and exterior renovation in Rolling Bay NSC zone
district shall comply with those regulations contained in Rolling Bay NSC specific
portion of “Guidelines for Commercial and Mixed use Projects – Including Guidelines
for Lynwood Center, Island Center, and Rolling Bay” [Link to PDF file.] (Ord. 2003-53
§ 6, 2004).
18.18 Design Standards and Guidelines
18.18.030 Specific Design Regulations and Guidelines
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I. Business/Industrial District Design Guidelines
1. Development, redevelopment, and exterior renovation of facilities in the B/I zone
district shall comply with those regulations contained in “Design Guidelines for
Light Manufacturing” [Link to PDF file.] (Ord. 99-65 § 2, 1999.
2. In addition, development, redevelopment, and exterior renovation of facilities in
the B/I district shall be subject to the following requirements governing its
relationship to adjoining and nearby uses. A proposed development must be
sited and designed to minimize potential safety hazards to adjoining and nearby
developments. Specifically, a project shall be designed in a manner that
minimizes conflicts between vehicular and nonmotorized traffic. Additionally, a
development shall be fenced and buffered, as necessary, to impede potentially
dangerous travel between different types of uses, such as between a
manufacturing operation and day care center. Outdoor operations, such as
loading docks and playgrounds, shall be located as far away as possible from
residences and other noise sensitive uses.
J. Fort Ward Design Guidelines
Development, redevelopment, or exterior renovation in the Fort Ward Historic Overlay
district shall comply with regulations contained in “Fort Ward Design Guidelines” [Link to
PDF file.] (Ord. 2004-02 § 1, 2004; Ord. 97-08 § 2, 1997).
18.21 Affordable Housing
18.21.010 Purpose
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1188..2211 AAFFFFOORRDDAABBLLEE HHOOUUSSIINNGG
This section sets forth optional provisions for density bonuses in return for the construction of
new affordable housing units. Residential density bonus proposals will be reviewed
concurrently with the primary land use application. A preapplication conference will be
required for any land use application that includes a proposal for the affordable housing
density bonus. (Ord. 2005-08 § 6, 2005: Ord. 2001-03 § 5, 2001: Ord. 97-15 § 4, 1997.)
18.21.010 PURPOSE
The purpose of this chapter is to implement the policies contained in the housing element of
the comprehensive plan by providing an optional program for the construction of affordable
housing in new single-family and multifamily residential developments. The Growth
Management Act (GMA) requires the city to make adequate provisions for existing and
projected housing needs of all economic segments of the community as determined by the
housing needs assessment, contained in the housing element. The housing element reflects the
city’s goal of dispersing affordable housing throughout all geographic and economic segments
of the community, and providing a mixture of housing types to discourage the development of
economic enclaves. The city recognizes that the marketplace is the primary supplier of
adequate housing for those in the upper economic groups, but that some combination of
appropriately zoned land, regulatory incentives and innovative planning techniques will be
necessary to make adequate provisions for the needs of households whose incomes are at or
below middle income (as those terms are defined in BIMC 18.36. (Ord. 2005-08 § 3, 2005: Ord.
2001-03 § 1, 2001: Ord. 97-15 § 4, 1997)
18.21.020 GENERAL PROVISIONS FOR OPTIONAL AFFORDABLE HOUSING
A. Siting of Affordable Dwelling Units or Residential Building Lots
The affordable units constructed under the provisions of this chapter shall be
included within the parcel of land for which the density bonus is granted.
Segregation of affordable housing units within the development from market rate
housing units shall be avoided whenever practical.
The department of planning and community development shall calculate and publish
annually the maximum purchase prices and maximum rents applicable to each of
the following income groups:
18.21 Affordable Housing
18.21.020 General Provisions for Optional Affordable Housing
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A. Extremely low < 30% of median income household income
B. Very low income 31% – 50% of median household income
C. Low income 51% – 80% of median household income
D. Moderate income 81% – 95% of median household income
E. Middle income 96% – 120% of median household income
B. Duration of Affordability
1. Rental Units. Affordable rental housing units created as a result of the provisions
of this chapter shall remain affordable for a period of 30 years from the time of
first occupancy and shall be secured by recorded agreement and covenant
running with the land, binding all the assigns, heirs and successors of the
applicant.
2. Home Ownership Units. All affordable homeownership units created as a result
of the provisions of this chapter shall be initially sold to income-qualified
households and thereafter subject to a mechanism that is specified in an
appropriate administrative procedure adopted by resolution by city council
allowing the city to capture a share of the appreciation when the unit is sold at
market rate. The city’s share of the proceeds shall be placed in its housing trust
fund.
3. A unit that is owned or sponsored by a public or private nonprofit agency that
already restricts benefit and resale is exempt from the provisions of subsections
B.1 and B.2 above.
C. Required Documentation
Prior to the final approval of any land use application to which BIMC 18.21.030 is
applicable, the owner of the affected parcels shall deliver to the city a duly executed
covenant running with the land, in a form approved by the city attorney, identifying
the units or parcels and acknowledging their obligation under this section. The
applicant shall be responsible for the cost and recording of the covenant.
D. Construction of Affordable Units
When dwelling units subject to this chapter will be constructed in phases, or over a
period of more than 12 months, a proportional amount of affordable housing units
18.21 Affordable Housing
18.21.030 Optional Residential Density Bonus for Affordable Housing
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must be completed at or prior to completion of the related market rate dwellings, or
as approved by the director.
E. Phased Development
If a project is to be phased, the proportion of affordable units or residential building
lots to be completed with each phase shall be determined as part of the phasing
plan approved by the director.
F. Unimproved Lots to Be Sold
In subdivisions where the applicant intends to sell the individual unimproved lots, it
is the responsibility of the applicant to arrange for the affordable units to be built.
G. Attached Housing
In single-family developments where there are two or more affordable units, side
yard setbacks may be waived to allow for attached housing units for affordable units
only. The placement and exterior design of the attached units must be such that the
units together resemble as closely as possible a single-family dwelling.
H. Definition of Benefit
Where the code limits benefits to households whose incomes are at or below a
specified income, the purpose is to include all categories of income, as defined in
BIMC 18.36, below the category specified. For example, if the benefit limit is, “to
those households whose incomes are at or below low-income,” households who are
extremely low-income, very-low income and low-income may benefit. (Ord. 2005-
08 § 4, 2005: Ord. 2001-03 § 2, 2001: Ord. 97-15 § 4, 1997)
18.21.030 OPTIONAL RESIDENTIAL DENSITY BONUS FOR AFFORDABLE HOUSING
A. Applicability
This section applies to all land use applications, except the following: (1) the
construction of one single-family dwelling on one lot that can accommodate only
one dwelling based upon the underlying zoning designation, (2) the Mixed Use Town
Center and the High School Road districts (provisions for these zones are contained
in BIMC 18.12.030.E (3) neighborhood service centers (NSCs) (provisions for this
zone are contained in BIMC 18.12.030.D, and (4) the critical areas overlay districts
identified in the comprehensive plan, which are not eligible for density bonuses.
18.21 Affordable Housing
18.21.030 Optional Residential Density Bonus for Affordable Housing
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B. Rental Affordable Housing
Density for land subject to the provisions of this section may be increased by up to
50 percent above the underlying base density when each of the additional units is
provided for households whose incomes are at or below low-income.
C. For-Purchase Affordable Housing
Density for land subject to the provisions of this section may be increased above the
base density by the following amounts:
1. Up to a maximum of 50 percent above the underlying base density when each of
the additional units or residential building lots is provided for households whose
incomes are at or below low-income.
2. Up to a maximum of 40 percent above the underlying base density when each of
the additional units or residential building lots is provided for households whose
incomes are at or below moderate-income.
3. Up to a maximum of 20 percent above the underlying base density when the first
10 percent of the housing units are affordable to households with incomes at or
below moderate-income. The remaining 10 percent may be affordable to
households whose incomes are at or below middle-income.
D. Summary Table
The provisions of subsections B and C are summarized in Table 18.21.
Table 18.21: Affordable Housing Density Bonus Provision Summary
Affordable Housing – Optional
For Purchase For Rent
Up to 50% density bonus if each of the bonus units are affordable to households whose incomes are at or below low-income.
Up to a 40% density bonus if each of the bonus units are affordable to households whose incomes are at or below moderate-income.
Up to a maximum of 20% above the underlying base density when the
first 10% of the housing units are affordable to households with incomes at or below moderate-income. The remaining 10% may be affordable to
households whose incomes are at or below middle-income.
Up to 50% density bonus when each of the bonus units are
affordable to households with incomes at or below low-
income.
(Ord. 2005-08 § 6, 2005: Ord. 2001-03 § 3, 2001: Ord. 97-15 § 4, 1997. Formerly 18.90.040)
18.24 Historic Preservation Program
18.24.010 Purpose and Relationship to Zoning and Building Codes
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18.24.010 PURPOSE AND RELATIONSHIP TO ZONING AND BUILDING CODES
A. Purpose
The purpose of this chapter is to provide the process and standards for identifying,
evaluating and protecting historic resources within the city, and for preserving and
rehabilitating eligible historic properties within the city for future generations
through a special valuation tax incentive in order to:
1. Safeguard the heritage represented by those buildings, objects, sites and
structures that reflect significant elements of the city’s history;
2. Foster civic and neighborhood pride in the beauty and accomplishments of the
past;
3. Stabilize or improve the aesthetic and economic vitality and values of such
buildings, objects, sites and structures;
4. Assist, encourage and provide incentives to private owners for the preservation,
restoration, redevelopment and use of historic buildings, objects, sites and
structures;
5. Promote and facilitate the early identification and resolution of conflicts between
preservation of historic resources and alternative land uses; and
6. Conserve valuable material and energy resources by ongoing use and
maintenance of the existing built environment. (Ord. 2003-37 § 1, 2004)
This section also sets forth the provisions of the Fort Ward Historic Overlay District.
B. Relationship to Zoning and Building Codes
Nothing contained in this BIMC 18.24 shall be construed to repeal, modify or waive
any zoning, land use or building codes, laws, ordinances or regulations that are
otherwise applicable to property listed on the local register. (Ord. 2003-37 § 1,
2004)
18.24.020 HISTORIC PRESERVATION COMMISSION
A. Creation
The Bainbridge Island Historic Preservation Commission is hereby established, to
operate and act in accordance with the provisions of this section 18.24.
18.24 Historic Preservation Program
18.24.020 Historic Preservation Commission
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B. Composition of the Commission
1. The Commission shall consist of seven members, who shall be appointed by the
mayor and approved by the city council in accordance with this chapter. The
Commission shall include at least three members who have experience in
identifying, evaluating and protecting historic resources and who are selected
from among the disciplines of history, architecture, landscape architecture,
architectural history, historic preservation, planning, cultural anthropology,
archaeology, biology, geography, cultural geography, American studies, law, and
real estate, referred to in this BIMC 18.24 as the “professional positions.” An
action taken by the Commission shall not be invalid due to the temporary
vacancy of any or all of the professional positions, unless the certification
agreement between the city and the State Historic Preservation Office (SHPO)
provides otherwise.
2. All members of the Commission must have a demonstrated interest and
competence in historic preservation and possess qualities of impartiality and
broad judgment.
3. All members of the Commission shall serve without compensation.
4. In making appointments to the Commission, the mayor may consider names
submitted from any source; provided, that the mayor shall notify the Bainbridge
Island Historical Society and other appropriate community organizations of any
vacancies on the Commission, so that these organizations may submit the
names of qualified individuals for consideration along with names from any
other source. The mayor also shall publish notice of such vacancies and the
procedure for submitting nominations.
5. The Commission shall select from among its members a chairperson and such
other officers as may be necessary to conduct the Commission’s business.
C. Term of Commission Members
The initial appointment of members to the Commission shall be as follows: three
members shall be appointed for two years; two members shall be appointed for
three years; and two members shall be appointed for four years. Thereafter,
appointments shall be made for three-year terms. Vacancies to the Commission
shall be filled by the mayor for the unexpired term of that position.
D. Powers and Duties
The Commission shall:
1. Establish, maintain and periodically update a local historic inventory, which
inventory shall be maintained in a form compatible with the state inventory, and
18.24 Historic Preservation Program
18.24.020 Historic Preservation Commission
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may cooperate with, and advise the city council as requested on contracting with,
the Bainbridge Island Historical Society or others, in connection with the
establishment and maintenance of the inventory;
2. Establish and maintain the local register of historic places, as provided in BIMC
18.24.030;
3. Review nominations to the local register and designate properties for listing on
the register, in accordance with BIMC 18.24.030;
4. Participate in the review process for nominations to the National Register of
properties within the city’s boundaries, in accordance with the procedures
established by the SHPO;
5. Review proposals to construct or reconstruct upon, change the use of, alter,
restore, remodel, repair, move or demolish properties on the local register as
provided in BIMC 18.24.040;
6. Conduct all Commission meetings in compliance with Chapter 42.30 RCW;
7. Provide resources and advocacy for historic preservation consistent with
comprehensive plan policy HP 1.2, which may include but are not limited to:
a. Participation in or promotion of public educational programs;
b. Fostering historic preservation through recognition of excellence in
restoration of historic buildings, structures or sites;
c. Advising the city council or the planning Commission as requested on
matters of city history and historic preservation or actions affecting the
historic resources of the city, and
d. Maintaining information on federal or state historic preservation programs,
funding sources or incentives; and
8. Serve as the local review board for the special valuation of historic property, and
in that capacity determine and monitor the eligibility of historic property for
special valuation in accordance with BIMC 18.24.060.
E. Rules and Standards of Commission
The Commission shall establish and adopt rules prescribing forms, standards and
procedures consistent with applicable law, as necessary to carry out its duties.
Standards for review under subsection 18.24.030.D and BIMC 18.24.040 shall be
based in part, and to the extent applicable, on the Secretary of the Interior’s
Standards and Guidelines for Archeology and Historic Preservation, 48 FR 44716, as
updated and supplemented by the National Park Service, and the Secretary of the
Interior’s Standards for Rehabilitation, 37 CFR 67, as amended. All actions of the
Commission shall be carried out in accordance with its rules.
18.24 Historic Preservation Program
18.24.030 Register of Historic Places
City of Bainbridge Island 157
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18.24.030 REGISTER OF HISTORIC PLACES
A. Criteria for Designating Properties for Listing on the Local Register
Any building, structure, site or object, whether publicly or privately owned, may be
designated for listing on the local register if it is significantly associated with the
history, architecture, archaeology, engineering or cultural heritage of the
community; it has physical integrity; it is at least 50 years old or is of lesser age but
has exceptional importance; and it qualifies as at least one of the following:
1. Is associated with events that have made a significant contribution to the broad
patterns of national, state, or local history;
2. Embodies the distinctive architectural characteristics of a type, period, style, or
method of design or construction, or represents a significant and distinguishable
entity whose components may lack individual distinction;
3. Is an outstanding work of a designer, builder, or architect who has made a
substantial contribution to the art;
4. Exemplifies or reflects special elements of the city’s cultural, special, economic,
political, aesthetic, engineering, or architectural history;
5. Is associated with the lives of persons significant in national, state, or local
history;
6. Has yielded or may be likely to yield important archaeological information
related to history or prehistory;
7. Is a building or structure removed from its original location but that is significant
primarily for architectural value, or that is the only surviving structure
significantly associated with an historic person or event;
8. Is a birthplace or grave of an historical figure of outstanding importance;
9. Is a cemetery that derives its primary significance from age, from distinctive
design features, or from association with historic events, or cultural patterns;
10. Is a reconstructed building that has been executed in an historically accurate
manner on the original site;
11. Is a creative and unique example of folk architecture and design created by
persons not formally trained in the architectural or design professions, and that
does not fit into formal architectural or historical categories; or
12. Is listed on the National Register or the State Register.
18.24 Historic Preservation Program
18.24.030 Register of Historic Places
City of Bainbridge Island 158
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B. Process for Designating Properties for Listing on the Local Register
1. Any person, including the Commission or any Commission member, may
nominate a building, structure, site, or object for listing on the local register;
provided, that no property shall be nominated without the prior written consent
of the owner.
2. The nomination shall include, when possible, the tax parcel number (and the
UTM reference, if required for compatibility with the State Register) and a
description of all interior and exterior features and outbuildings that contribute
to its designation.
3. In reviewing the nomination, the Commission shall consider the local inventory
and the city’s comprehensive plan, and the merits of the nomination, according
to the criteria in subsection A of this section, and shall proceed according to the
nomination review standards established in the Commission’s rules.
4. The Commission shall provide public notice of the date, time and location of the
meeting during which it will consider the designation nomination. Written notice
of the date, time and location of the meeting shall be provided no later than ten
days prior to the meeting to the nominator, the owner(s) of public record and the
lessees, if any, of the subject property. The Commission shall further publish at
least one notice of the meeting in a newspaper of general circulation in the city.
The Commission shall also post a notice on a conspicuous location on the
subject property.
5. If the Commission finds that the nominated property is eligible for listing on the
local register, the Commission shall list the property on the register, with the
consent of the owner of the property. The commenters, property owner,
nominator and lessees, if any, shall be notified in writing of the listing no later
than 30 days after the listing.
6. Properties listed on the local register shall be identified in the planning database
maintained by the city and the listing shall be forwarded to the Kitsap County
assessor for identification of the historical property in the Kitsap County zoning
records.
C. Removal of Properties from the Local Register
Properties listed on the local register may be removed from the register only by the
Commission in accordance with this section. The Commission may remove any
property from the local register, with or without the owner’s consent, if the
Commission deems the property no longer appropriate for designation to the local
register because it no longer satisfies the original criteria in support of its
designation. The procedure for removal shall be established by the Commission and
18.24 Historic Preservation Program
18.24.040 Changes or Alterations to Properties Located on Local Register
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shall include the procedures for notification to the public and interested parties set
forth in subsection B.4 of this section. (Ord. 2003-37 § 1, 2004)
18.24.040 CHANGES OR ALTERATIONS TO PROPERTIES LOCATED ON LOCAL REGISTER
A. Review Required
No person shall perform any work to a property listed on the local register, other
than ordinary repair or maintenance, emergency repair measures, or total or partial
demolition, without a review by, and issuance of a certificate of appropriateness
from, the Commission. In the case of a total or partial demolition of the property, a
waiver of the certificate of appropriateness must be obtained from the Commission
prior to the demolition, in accordance with subsection B of this section. Failure to
obtain the required certificate of appropriateness or waiver from the Commission
shall be grounds for removal of the property from the local register.
B. Review Process
1. The building official shall notify the Commission of any application for a permit
to perform work on or to demolish a property listed on the local register. If the
activity is not exempt from review, the Commission shall notify the applicant of
the review requirements. The building official shall not issue any permit until the
required certificate of appropriateness or waiver is received from the
Commission.
2. The applicant shall apply to the Commission for a review of the proposed work
to the property listed on the local register, and request a certificate of
appropriateness or, in the case of demolition, a waiver. Each application for
review of proposed changes shall be accompanied by all information required by
the Commission pursuant to its established rules for review.
3. The Commission shall meet with the applicant and review the proposed work in
accordance with the standards established in the Commission’s rules. Unless
required by another ordinance or law, the Commission shall not be required to
provide public notice of the application. In the case of an application to perform
work to the property, the Commission shall complete its review and make its
decision within 45 days after the date of receipt of the application. If the
Commission is unable to process the request within this time period, the
Commission may reasonably extend its review period for another 15 days upon
written notice to the applicant. If the Commission fails to issue a decision within
60 days of receiving the application, the application shall be deemed approved
and the Commission shall issue a certificate of appropriateness.
18.24 Historic Preservation Program
18.24.040 Changes or Alterations to Properties Located on Local Register
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4. As part of the review process for an application to demolish or partly demolish
the property, the applicant shall meet with the Commission in an attempt to find
alternatives to demolition. These negotiations may last no longer than 45 days
from the initial meeting with the Commission, unless either party requests an
extension, in which case the negotiations may be extended for up to an
additional 30 days. If no alternative to demolition has been agreed to within 45
days from the initial meeting with the Commission, plus any extension, the
Commission shall approve or deny the application for a waiver and advise the
official in charge of issuing a demolition permit of the decision. If the
Commission fails to issue a decision within 45 days from the initial meeting with
the Commission, plus any extensions, the application shall be deemed approved
and the Commission shall issue an unconditional waiver. When issuing a waiver,
the Commission may reasonably impose conditions designed to mitigate the loss
of the property from the register. Property that is wholly demolished shall be
removed from the register. Property that is partially demolished may be removed
from the register, if deemed appropriate by the Commission.
5. The Commission’s decision on any application shall be in writing and shall state
the findings of fact and the basis for its decision. Any conditions to the
certificate of appropriateness or waiver recommended by the Commission and
accepted by the applicant in this review process shall become conditions of
approval of the permits issued. If the owner accepts the Commission’s
recommendations and conditions, a certificate of appropriateness or a waiver
shall be issued by the Commission according to standards established in the
Commission’s rules.
6. The Commission’s determination, recommendations and, if awarded, the
certificate of appropriateness or a waiver shall be transmitted to the building
official. If a certificate of appropriateness or waiver is awarded, the building
official may then issue the permit.
7. If a certificate of appropriateness or waiver is denied, the building official shall
not issue the permit. (Ord. 2003-37 § 1, 2004)
a. If a property is added to the Historic Register a notice of that status shall be
added on the property title records.
b. Removal from Historic Register. If a property is removed from the Historic
Register a notice of that change in status shall be added to the title records.
18.24 Historic Preservation Program
18.24.050 Appeal of Denial of a Waiver or a Certificate of Appropriateness
City of Bainbridge Island 161
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18.24.050 APPEAL OF DENIAL OF A WAIVER OR A CERTIFICATE OF APPROPRIATENESS
The Commission’s denial of any application for a certificate of appropriateness or waiver may
be appealed by the applicant to the city council within 10 days of the date of the Commission’s
decision. The appeal shall be filed with the city clerk and shall clearly state the grounds upon
which the appeal is based. The appeal shall be reviewed by the council only upon the records of
the Commission. The council’s decision on the appeal may be appealed by the applicant to the
Kitsap County superior court within 21 days after the date of the decision issued by the council.
(Ord. 2003-37 § 1, 2004)
18.24.060 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX
VALUATION
A. Special Valuation Program Established
Pursuant to Chapter 84.26 RCW, a local option program is hereby established that
shall make available to owners of historic property a special tax valuation for the
rehabilitation of the historic property, as set forth in Chapter 84.26 RCW and this
section.
B. Application Process for Special Property Tax Valuation
1. An applicant desiring to obtain special property tax valuation for historic
property shall file a complete application with the Kitsap County assessor no
later than October 1st of the year immediately preceding the first assessment
year for which special valuation classification is requested. Applications filed
after the October 1st deadline shall not be considered for special property tax
valuation until the following year.
2. Complete applications shall include the following information and
documentation:
a. A legal description of the historic property;
b. Comprehensive exterior and interior photographs of the historic property
before and after rehabilitation;
c. Architectural plans or other legible drawings depicting the completed
rehabilitation work;
d. A notarized affidavit attesting to the actual cost of the rehabilitation work
completed prior to the date of application and the period of time during
which the work was performed, with documentation of both to be made
available to the Commission upon request; and
18.24 Historic Preservation Program
18.24.060 Review and Monitoring of Properties for Special Property Tax Valuation
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e. For properties located within National Register historic districts, a statement
from the Secretary of the Interior, indicating the property is a certified
historic structure as defined in WAC 254-20-030(2).
3. The Kitsap County assessor shall forward to the Commission all complete
applications for special property tax valuation for historic property within 10
days after receiving such applications.
C. Review Process
1. The Commission shall review each application for special tax valuation and
determine: if the application is complete; if the subject property meets the
criteria set forth in RCW 84.26.030 and WAC 254-20-070(1); and if the subject
property meets the criteria set forth in subsection D of this section. The
Commission shall review all timely applications, and shall enter a determination
on the application no later than December 31st of the calendar year in which the
application is made.
2. If the Commission finds that a subject property is eligible and meets all criteria
set forth in this section, the Commission shall enter into an historic preservation
special valuation agreement with the owner of the subject property, which
agreement shall contain all terms required by WAC 254-20-120. Upon mutual
execution of such an agreement, the Commission shall approve the application.
3. If the Commission determines that the subject property does not meet all the
requirements of this section, the Commission shall deny the application.
4. Commission decisions to approve or deny applications for special tax valuation
shall be in writing, shall describe the facts upon which the determination is
based, and shall be filed with the Kitsap County assessor within 10 days after the
date of the decision.
5. For those applications approved by the Commission, the Commission shall
forward a copy of the applicable historic preservation special valuation
agreement, the application and all supporting documentation to the Kitsap
County assessor. The Commission shall also notify the State Review Board that
the subject property has been approved for special valuation and shall monitor
the subject property for continued compliance with the historic preservation
special valuation agreement throughout the 10-year special valuation period.
6. The Commission shall determine whether a property is disqualified from special
valuation either because of the owner’s failure to comply with the terms of the
historic preservation special valuation agreement or because of a loss of historic
value resulting from physical changes to the building or site. In the event that
the Commission concludes that a property is no longer qualified for special
18.24 Historic Preservation Program
18.24.060 Review and Monitoring of Properties for Special Property Tax Valuation
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valuation, the Commission shall notify the owner, the Kitsap County assessor
and the State Review Board in writing and state the facts supporting its findings.
D. Criteria
1. Historic Property Criteria
Until the city becomes a certified local government, the class of historic property
eligible for special valuation in the city includes all properties listed on the
National Register or certified as contributing to a National Register historic
district that have been substantially rehabilitated at a cost and within a time
period that meets the requirements set forth in Chapter 84.26 RCW. After the
city becomes a certified local government, the class of historic property eligible
for special valuation in the city includes all properties listed on the local register
that have been substantially rehabilitated at a cost and within a time period that
meets the requirements set forth in Chapter 84.26 RCW.
2. Property Review Criteria
In its review of an application for special valuation of an historic property, the
Commission shall determine if the subject property meets each of the following
criteria:
a. The property is an historic property;
b. The property is included within a class of historic property determined
eligible for special valuation pursuant to subsection D.1 of this section;
c. The property has been rehabilitated at a cost that meets the definition set
forth in RCW 84.26.020(2) within 24 months prior to the date of application;
and
d. The property has not been altered in any way that adversely affects those
elements that qualify it as historically significant, as determined by applying
the standards set forth in WAC 254-20-100(1).
3. Rehabilitation and Maintenance Criteria
The Commission shall use the Washington State Advisory Council’s Standards for
the Rehabilitation and Maintenance of Historic Properties set forth in WAC 254-
20-100 as the minimum requirements for determining whether an historic
property is eligible for special valuation and whether the property continues to
be eligible for special valuation once it has been so classified.
18.24 Historic Preservation Program
18.24.070 Fort Ward Historic Overlay District
City of Bainbridge Island 164
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E. Agreement
The Commission shall use the historic preservation special valuation agreement set
forth in WAC 254-20-120 as the minimum agreement required by this section.
F. Appeals
A decision of the Commission on an application for classification as historic property
eligible for special valuation may be appealed to the Kitsap County superior court
under RCW 34.04.510 through 34.05.598 in addition to any other legal remedy. Any
decision of the Commission on the disqualification of historic property as being
eligible for special valuation, or any other dispute, may be appealed to the Kitsap
County board of equalization in accordance with RCW 84.40.038. (Ord. 2003-37
§ 1, 2004)
18.24.070 FORT WARD HISTORIC OVERLAY DISTRICT
The following regulations apply to the Fort Ward Historic Overlay District and supplement those
general standards contained in subsections 18.24.010 through .060 above. In the case of
conflict between the provisions of this subsection 18.24.070 and the provisions of previous
subsections of this BIMC 18.24, the provisions of this BIMC 18.24.070 shall apply. Any
applications for development within the Fort Ward Historic Overlay district not subject to the
provisions of this subsection 18.24.070 shall comply with the regulations for the underlying
zone (R-2). (Ord. 2000-19 § 4, 2000)
A. Establishment of Boundaries
The provisions of this chapter shall apply to the Fort Ward study area as shown on
the following page, referred to as the Fort Ward Historic Overlay District. (Ord.
2000-19 § 4, 2000)
18.24 Historic Preservation Program
18.24.070 Fort Ward Historic Overlay District
City of Bainbridge Island 165
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B. Increases in Density
1. Availability
Residential density bonuses may be available for providing affordable housing
pursuant to BIMC 18.21.
2. Building 16
The property tax identified as tax parcel number 112402-3-004-2003
containing a building of historical interest, identified as Building 16 on
Attachment 2, shall be permitted an increase in density up to a total of eight
units; provided, that the majority of the dwelling units are located inside Building
16; and provided, that the following development standards are met:
a. The exterior of the building is rehabilitated and maintained in accordance
with the standards established in BIMC 18.24.070.E
18.24 Historic Preservation Program
18.24.070 Fort Ward Historic Overlay District
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b. The proposed work is reviewed by the Historic Preservation Commission, and
a certificate of review is issued, in accordance with BIMC 18.23.070.F.
c. A minimum of five feet of partial screen perimeter landscaping shall be
provided alongside and rear property lines. This requirement may be met by
retaining existing vegetation on the property, or planting new vegetation.
The perimeter landscaping requirement may be waived as part of the final
decision on the permit, upon written agreement from adjoining property
owners.
d. Surface parking is encouraged to be located behind the building. Any surface
parking that is adjacent to residential uses shall be fully screened so as to
prevent headlights from shining on the adjacent residential uses.
e. Parking may be located along the south property line; provided, that it is
enclosed within a structure.
f. The applicant shall provide community meeting space of not less than 500
square feet. This community meeting space may be provided within Building
16, or, upon approval by the city, this requirement may be met by the
applicant making a financial contribution equal to the cost of constructing a
500-square-foot meeting space and one unisex bathroom stall within
Building 16. If the financial contribution option is used:
i. The applicant shall submit current cost estimates to the city building
official for the construction of the meeting space, as described in
subsection B.6.b of this section, meeting all code requirements and the
same level of finishes and quality of construction as used elsewhere in
the interior of the building;
ii. The payment shall be held in a reserve account and may only be
expended in support of the construction of a community meeting space
in the Fort Ward Historic Overlay district;
iii. The payment shall be expended in all cases within five years of collection;
and
iv. Any payment not so expended shall be refunded with interest to the
property owners of record at the time of the refund; however, if the
payment is not expended within five years due to delay attributable to the
developer, the payment shall be refunded without interest.
g. The applicant complies with the requirements of BIMC 18.24.070.G prior to
issuance of an occupancy permit.
18.24 Historic Preservation Program
18.24.070 Fort Ward Historic Overlay District
City of Bainbridge Island 167
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3. Other Properties
Certain properties within the Fort Ward Historic Overlay District that contain a
structure of historic interest, as identified on Attachment 2, shall be permitted to
develop to the historic density as shown in Table 18.23.070-1 below; provided,
that:
a. The exterior of the building is rehabilitated and maintained in accordance
with the standards established in BIMC 18.24.070.E.
b. The proposed work is reviewed by the Historic Preservation Commission, and
a certificate of review is issued, in accordance with BIMC 18.24.070.F.
c. The applicant complies with the requirements of BIMC 18.24.070.G.
Table 18.24.070-1: Fort Ward Historic District Overlay District Additional Densities
Building Number Tax Parcel Number Density
Building 13 11240230022005 Up to 3 units
Building 18 41470050010004 2 units
Building 19 41470050020102 2 units
Building 20 41470050030002 2 units
Building 21 41470050040001 2 units
(Ord. 2006-01 § 1, 2006: Ord. 2000-19 § 4, 2000)
C. Maintenance and Rehabilitation of Buildings of Historic Interest
1. Buildings B and C
Buildings B and C, (tax parcel number 80970000000007, a total of 10 units), as
identified on Attachment 2, are buildings of historic interest that contribute to
the character of the Fort Ward Historic Overlay District. Any project to alter,
reconstruct, remodel, or restore the exterior of the subject buildings that
requires permits from the city shall require review by the Fort Ward historic
design review committee for compliance with the standards established in BIMC
18.24.070.E and issuance of a certificate of review in accordance with the
procedures established in BIMC 18.24.070.F
2. Other Buildings
The buildings shown in Table 18.24.070-2, and identified on Attachment 2, are
buildings of historic interest that contribute to the character of the Fort Ward
historic overlay district. The rehabilitation and maintenance of these buildings is
to be encouraged. Any owner who wishes to alter, reconstruct, remodel, or
18.24 Historic Preservation Program
18.24.070 Fort Ward Historic Overlay District
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restore the exterior of the subject buildings in a manner that maintains its
historic character may request the review services of the Historic Preservation
Commission. The Commission shall be available to review the proposed changes,
and to advise the applicant as to design elements, construction techniques and
materials that would be compatible with the historic character of the specific
building.
Table 18.24.070-2: Fort Ward Historic District
Overlay District Other Buildings of Historic Interest
Building
Number Tax Parcel Number Building Number Tax Parcel Number
Building E 11240220032006 Building 49 41460030050006
Building 46 41470050050000 Building 50 41460030030008
Building 47 41460010030002 Building 51 41460030010000
Building 48 41460010010103 Building 60 41460010050000
18.24 Historic Preservation Program
18.24.070 Fort Ward Historic Overlay District
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The rehabilitation and maintenance of any other buildings of historic interest within the Fort
Ward Historic Overlay District is to be encouraged. Any owner who wishes to alter, reconstruct,
remodel, or restore the exterior of these buildings in a manner that maintains its historic
character may also request the review services of the Historic Preservation Commission. (Ord.
2000-19 § 4, 2000)
18.24 Historic Preservation Program
18.24.070 Fort Ward Historic Overlay District
City of Bainbridge Island 170
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D. Standards for Maintenance or Rehabilitation of the Exteriors of Buildings
of Historic Interest
1. A property shall be used for its historic purpose or be placed in a new use that
requires minimal change to the defining characteristics of the building and its
context.
2. The historic character of a property shall be retained and preserved. The removal
of historic materials or alteration of features and spaces that characterize a
property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place and use.
Changes that create a false sense of historical development, such as adding
conjectural features or architectural elements from other buildings, shall not be
undertaken.
4. Many properties change over time; those changes that have acquired historic
significance in their own right shall be retained and preserved.
5. Distinctive features, finishes and construction techniques or examples of
craftsmanship that characterize a property shall be preserved.
6. Deteriorated architectural features shall be repaired rather than replaced. Where
the severity of deterioration requires replacement of a distinctive feature, the
new feature shall match the old in design, color, texture, and other visual
qualities, and where possible, materials. Replacement of missing features shall
be substantiated by documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause damage to
historic materials shall not be used. The surface cleaning of buildings, if
appropriate, shall be undertaken using the gentlest means possible.
8. Significant archaeological resources affected by a project shall be protected and
preserved. If such resources must be disturbed, mitigation measures shall be
undertaken.
9. New additions, exterior alternations or related new construction shall not destroy
historic materials that characterize the property. The new work shall be
differentiated from the old and shall be compatible with the massing, size, scale
and architectural features to protect the historic integrity of the property and its
environment.
10. New additions and related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the
historic property and its environment would be unimpaired. (Ord. 2000-19 § 4,
2000)
18.24 Historic Preservation Program
18.24.070 Fort Ward Historic Overlay District
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E. Application and Review by the Fort Ward Historic Review Committee
1. Certificate of Review Required
No applicant shall alter, reconstruct, remodel, or restore the exterior of the
subject buildings pursuant to BIMC 18.24.070.C2 or C3 or BIMC 18.24.070.D.1,
and no city permit or approval of such activity shall be issued without review by
the Historic Preservation Commission and without issuance of a certificate of
review by the Commission.
2. Preliminary Review
Upon submittal of application for Site Plan and Design Review permit or building
permit, the applicant shall schedule a preliminary review meeting with the
Commission. A staff planner shall also attend the preliminary design review
meeting. Prior to the review meeting, the applicant shall provide Commission
members with “as is” photographs of the subject building and site; a site plan
showing the location of the building or buildings; the proposed method of
cleaning and treating masonry and other surfaces; exterior elevations of the
front and side with a description of the proposed type and finished color of
exterior siding, proposed windows and roofing to be used; and proposed
architectural features and trim. All diagrams shall be drawn to scale. The
Commission may request additional information and/or a site visit as necessary
for their review and recommendation. Any conditions agreed to in this meeting
shall become conditions of approval of the permits granted.
3. Final Review
Prior to issuance of permits, the applicant shall schedule a final review meeting
with the Commission. A staff planner shall also attend the final review meeting.
Upon determination that conditions specified in the preliminary design review
and the requirements of this chapter are met, the Commission shall issue a final
certificate of review in a form to be approved by the city. The final certificate of
review shall be attached to the building permit.
4. Exemptions
Emergency repairs, ordinary repair and maintenance and interior remodeling
shall not require a certificate of review. (Ord. 2000-19 § 4, 2000)
F. Notice on Title
Prior to issuance of building permit, the owner of any property seeking an increase
in density pursuant to BIMC 18.24.070.C shall record with the Kitsap County auditor
a restrictive covenant in a form approved by the city. Such document shall provide
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18.24.070 Fort Ward Historic Overlay District
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notice in the public record of the requirement that any alteration, reconstruction,
remodel, repair, or restoration of the exterior of the subject buildings must comply
with the provisions of this chapter. The applicant shall submit proof to the city that
the restrictive covenant has been filed. The covenant shall run with the land and
failure to provide such notice to any purchaser prior to transferring any interest in
the property shall be in violation of this chapter. (Ord. 2000-19 § 4, 2000)
G. Design Guidelines
In addition to complying with all other applicable provisions of this subsection
18.24, permitted development, redevelopment, and exterior renovation in the Fort
Ward shall comply with those regulations contained in The Fort Ward Design
Guidelines [Link to PDF file.] (Ord. 2004-02 § 1, 2004; Ord. 97-08 § 2, 1997).
18.27 Transfer of Development Rights
18.27.010 Purpose
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1188..2277 TTRRAANNSSFFEERR OOFF DDEEVVEELLOOPPMMEENNTT RRIIGGHHTTSS
18.27.010 PURPOSE
The purpose of this chapter is to establish a simple, flexible transfer and sale of development
rights program that successfully preserves wetlands, high vulnerability recharge areas,
agricultural land and open space. (Ord. 99-19 § 1, 1999: Ord. 96-07 § 2, 1996)
18.27.020 DEVELOPMENT RIGHTS SENDING AREAS
A. Critical Areas Overlay District
All properties within the Critical Areas Overlay District (CAOD) as designated on the
land use map of the city comprehensive plan are established as development rights
sending areas. A copy of the Critical Areas Overlay District is available from the
department.
B. Agricultural Land
Any owner of agricultural land as defined by BIMC 16.26.020, whether located in or
outside of the CAOD, may elect to have the agricultural land designated as a
development rights sending area through the sale or transfer of the development
rights of the property.
C. Donation of Development Rights
Any owner of real property may donate all or a portion of their development rights
to the city.
D. Property Already Restricted from Development Not Eligible
Development rights are not available for real property in the CAOD or agricultural
land outside of CAOD that is subject to easements or covenants preventing further
development of the real property. (Ord. 99-19 § 2, 1999: Ord. 96-07 § 2, 1996)
18.27.030 CALCULATION OF DEVELOPMENT RIGHTS
A. General
Subject to the building setbacks and height limitations applicable to the R-0.4 zone
district, as shown in Tables 18.12.020-1, and 18.12.020-2, an owner of real
property in the development rights sending area is entitled to sell or transfer one
development right for every unused development right associated with the property
located within the development rights sending area.
18.27 Transfer of Development Rights
18.27.040 Receiving Areas for Development Rights
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B. Optional Bonus for Owners of Agricultural Land
If an owner of agricultural land as defined by BIMC 16.26.020 grants an easement to
conserve and forever maintain the agricultural productivity of the agricultural land to
the American Farmland Trust, Inc. or other appropriate trustee, as approved by the
City of Bainbridge Island, then for every unused development right, the owner of
agricultural land may sell three development rights. For example, if agricultural land
has three unused development rights, the property owner could transfer or sell nine
development rights.
C. Calculation
In calculating available development rights, the area of land divided by the density
defined by the underlying zone shall be used. The resulting figure shall be rounded
down for any fraction of a development right. (Ord. 2004-12 § 21, 2004; Ord. 99-
19 § 3, 1999: Ord. 96-07 § 2, 1996)
18.27.040 RECEIVING AREAS FOR DEVELOPMENT RIGHTS
A. Winslow Mixed Use Town Center and High School Road Districts
Developments in the Mixed Use Town Center (MUTC) and the High School Road
districts are eligible for increases in floor area ratio as provided for in BIMC
18.12.030.E.1.
B. NSC Districts
The neighborhood service centers (NSC) are eligible for increased density through
the purchase or transfer of development rights in accordance with BIMC
18.12.030.D.1 and D.3, as amended.
C. R-8 Districts
The urban single-family overlay district (R-8SF) is eligible for increased density
through the purchase or transfer of development rights for specified lots in the R-
2.9, R-3.5, and R-4.3 zone districts. (Ord. 2001-44 § 4, 2001: Ord. 99-19 § 5,
1999: Ord. 96-07 § 2, 1996)
18.27.050 DETERMINATION OF DEVELOPMENT RIGHTS FROM A SENDING AREA
A. An owner of real property desiring to sell or transfer development rights shall
submit an application for severance of development rights to the city manager. The
city manager or designee shall determine the form of the application and the
information required for a complete application. All, or a portion of, the
development rights may be included in the application.
18.27 Transfer of Development Rights
18.27.060 Severance of Development Rights from a Sending Area
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B. The city manager or designee shall determine the number of development rights
available for severance, subject to BIMC 18.27.030.C.
C. The city shall issue a certificate documenting the number of available development
rights. (Ord. 99-19 § 6, 1999: Ord. 96-07 § 2, 1996)
18.27.060 SEVERANCE OF DEVELOPMENT RIGHTS FROM A SENDING AREA
In order to sell or transfer development rights for the purpose of increasing floor area ratio or
density in a designated receiving area, the following procedure must be followed:
A. To sever development rights approved by the city, the property owner shall execute
a restrictive easement between the owner and the city or a tax exempt organization
or other governmental agency, in a form approved by the city.
B. The certificate of development rights and the restrictive easement shall be recorded
by the owner with the Kitsap County auditor. The owner shall provide a copy of the
recorded documents to the city. When the documents have been recorded and the
recorded documents have been received by the city, the severance is complete.
C. The severance of development rights is permanent. (Ord. 99-19 § 7, 1999: Ord. 96-
07 § 2, 1996)
18.27.070 SALE OR TRANSFER OF DEVELOPMENT RIGHTS
Once development rights have been severed from a sending area property in accordance with
BIMC 18.27.060, the property owner may sell or transfer the development rights by executing
and recording with the Kitsap County auditor a deed of development rights using a deed form
provided by the city. The deed shall describe the number of development rights being sold or
transferred. (Ord. 99-19 § 8, 1999: Ord. 96-07 § 2, 1996)
18.27.080 USE OF DEVELOPMENT RIGHTS IN MIXED USE AND HIGH SCHOOL ROAD
DISTRICTS
A. In order to use development rights to increase floor area ratio within the Mixed Use
Town Center or High School Road districts as provided in BIMC 18.12.030.E, an
applicant must fill out an application in a form approved by the city. The application
shall include the amount of the requested increase in floor area ratio, and the fee, if
any, of the increased floor area ratio. The fee for development rights to increase
floor area ratio shall be established by resolution of the city council.
B. The approved application to utilize development rights to increase floor area ratio
within the receiving area must be part of a Site Plan and Design Review application
under BIMC Title 2. The site plan must indicate the increase in floor area ratio (FAR).
18.27 Transfer of Development Rights
18.27.100 Use of Development Rights within NSC Districts
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C. The use of development rights shall be reviewed for conformance with the design
review provisions of BIMC 18.18.030. (Ord. 99-19 § 9, 1999: Ord. 96-07 § 2, 1996)
18.27.100 USE OF DEVELOPMENT RIGHTS WITHIN NSC DISTRICTS
A. A request to utilize development rights within the receiving area must be reviewed
as part of a Site Plan and Design Review application under BIMC Title 2. The site plan
must include the number of development rights to be used. The application must
contain a copy of either a deed of development rights or a contract for the purchase
of development rights.
B. Prior to final approval of the site plan, the applicant must provide the department
with a deed of development rights.
C. The approval site plan, referencing the number of development rights used, and the
deed of development rights shall be recorded by the owner with the Kitsap County
auditor. (Ord. 99-19 § 10, 1999)
18.30 Nonconforming Lots, Uses, and Structures
18.30.010 Applicability
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1188..3300 NNOONNCCOONNFFOORRMMIINNGG LLOOTTSS,, UUSSEESS,, AANNDD
SSTTRRUUCCTTUURREESS
These regulations address the treatment of lots, uses, and structures that predate some
portions of Title 18 and do not conform with at least some provisions of Title 18. The following
sections of BIMC also address nonconformities, and in the case of conflict between any two or
more development standards or criteria, the more specific shall apply.
A. BIMC 16.12.390 Shoreline Master Program – Nonconforming Development
B. BIMC 16.20.040.D Critical Areas – Standards for Existing Development
18.30.010 APPLICABILITY
This chapter shall apply to structures, uses and lots that become nonconforming as a result of
the passage of this Title 18, or any subsequent amendments. (Ord. 92-08 § 2, 1992)
18.30.020 NONCONFORMING USE OF LAND
A nonconforming use of land may be continued; provided, that:
A. The use is not enlarged, increased, or extended to occupy a greater area of land or
structure than was occupied on the date of adoption of this Code;
B. The use is not moved in whole or in part to any other portion of the lot or parcel;
and
C. If the use ceases for a period of more than 180 days, the subsequent use of the land
shall be conforming (this provision shall not apply to any dwelling unit constructed
as an affordable housing unit under BIMC 18.21). (Ord. 92-08 § 2, 1992)
18.30.030 NONCONFORMING STRUCTURES & BUILDINGS
A nonconforming structure may remain and be used; provided, that:
A. Changes to the structure that would alter or increase the nonconformity are not
permitted.
1. Any vertical or horizontal extension of a nonconforming wall must meet the
applicable standards.
2. Adding to the footprint of a nonconforming structure is permitted as long as the
addition meets the requirements of Title 18.
B. If moved, the structure shall be made to conform to regulations of this Code;
18.30 Nonconforming Lots, Uses, and Structures
18.30.040 Conditions of Continuance of Nonconforming Use of Structure
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C. If a building is harmed or destroyed by more than 50 percent of its square footage,
the building must be reconstructed in compliance with the requirements for the
zone in which it is located (this provision shall not apply to any dwelling unit
constructed as an affordable housing unit under BIMC 18.21); and
D. Any structure other than a building that is damaged or removed to an extent that
exceeds 50 percent of its square footage, may be replaced or reconstructed in
substantially the same location and of substantially the same design as the pre-
damaged or pre-removed structure, if a complete application is submitted for any
and all required construction permits within 180 days of the damage or removal.
(Ord. 2004-12 § 25, 2004: Ord. 92-08 § 2, 1992)
18.30.040 CONDITIONS OF CONTINUANCE OF NONCONFORMING USE OF STRUCTURE
A nonconforming use of a structure may be continued; provided, that:
A. The structure is not enlarged or moved;
B. It may be changed to another nonconforming use by the hearing examiner;
C. If it is superseded by a conforming use, the nonconforming use may not thereafter
be resumed; and
D. If it is discontinued for a period of six consecutive months or for a total of 18
months in any three-year period, it may not thereafter be resumed (this provision
shall not apply to any dwelling unit constructed as an affordable housing unit under
BIMC 18.21). (Ord. 92-08 § 2, 1992)
18.30.050 NONCONFORMING LOTS
Any nonconforming single lot, tract or parcel of land that was lawfully created and recorded
with the county auditor’s office may be used for the purposes permitted by this title
notwithstanding the minimum lot area, lot width and lot depth required. (Ord. 99-05 § 1, 1999:
Ord. 98-10 § 1, 1998; Ord. 95-36 § 1, 1995; Ord. 95-19 § 1, 1995; Ord. 94-10 § 1, 1994;
Ord. 92-08 § 2, 1992)
18.30.060 NONCONFORMING AGRICULTURAL USE OR STRUCTURE
As of October XX, 2011 [DATE OF ADOPTION OF ORDINANCE], all existing structures and heavy
use areas are considered conforming. Where a property with an allowed or approved
conditional agricultural use is not in conformity with the requirements of BIMC Title 18, the city
shall not require that the entire property and existing structures be brought into compliance
with BIMC as a condition of approval to expand or change the property or its structures.
Where an existing agricultural structure or area does not meet a required setback from a
property line, the structure or area can be expanded on the side opposite that property line, but
18.30 Nonconforming Lots, Uses, and Structures
18.30.070 Nonconforming Manufactured Homes
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only if that expansion does not lengthen any wall of a structure or side of an area that is
already nonconforming with the required setback. However, expansions or changes to the
agricultural uses or structures will not be approved if they would create a new nonconformity or
increase an existing nonconformity.
18.30.070 NONCONFORMING MANUFACTURED HOMES
A manufactured home that was built before June 15, 1976, and was legally placed and
maintained prior to the date of adoption of the ordinance codified in this chapter and does not
meet the requirements of this chapter, shall be deemed to be a legal nonconforming building,
i.e., nonconforming as to date of construction. (Ord. 95-07 § 27, 1995; Ord. 92-08 § 2, 1992)
18.33 Violations, Enforcement, and Penalties
18.33.010 General
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1188..3333 VVIIOOLLAATTIIOONNSS,, EENNFFOORRCCEEMMEENNTT,, AANNDD
PPEENNAALLTTIIEESS
18.33.010 GENERAL
A. Site Investigations
The director is authorized to make site inspections and take such actions as are
necessary to enforce this title in accordance with BIMC Chapters 1.16 and 1.26.
B. Violations -- General
It is unlawful for any person to initiate or maintain, or cause to be initiated or
maintained, the use, construction, placement, removal, alteration, or demolition of
any structure, land, vegetation or property within the city contrary to the provisions
of this title.
C. Violations -- Specific
It is unlawful for any person to:
1. Initiate or maintain, or cause to be initiated or maintained, the use, construction,
placement, removal, alteration, or demolition of any structure, land, vegetation
or property within the city without first obtaining permits or authorizations
required by this title, or in a manner that violates the terms or conditions of such
permits or authorizations;
2. Misrepresent any material fact in any application, plans or other information
submitted to obtain permits or authorizations under this title; or
3. Remove or deface any sign, notice, complaint, or order required by or posted in
accordance with this title.
D. Stop Work Order
The city shall have the authority to issue a stop work order to cease all development
work, and order restoration, rehabilitation, or replacement measures, including
applicable sureties, at the owner’s or other responsible party’s expense to
compensate for the use, construction, placement, removal, alteration, or demolition
of any structure, land, vegetation or property within the city contrary to the
provisions of this title.
18.33 Violations, Enforcement, and Penalties
18.33.010 General
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E. Restoration Plan
Any restoration plan shall be approved by the submitted by the owner or other
responsible party for review by the director. Such a plan shall be prepared by a
qualified professional using the best available science. The director may, at the
violator’s expense, seek expert advice, including an independent third party review,
in determining the adequacy of the plan. Inadequate plans shall be returned to the
applicant or violator for revision and re-submittal.
F. Civil Infraction
Except as provided in subsection G of this section, conduct made unlawful by the
city under this chapter shall constitute a civil infraction and is subject to
enforcement and fines as provided in BIMC 1.26.035. A civil infraction under this
section shall be processed in the manner set forth in BIMC Chapter 1.26.
G. Misdemeanor
Any person who again violates this title within 12 months after having been found by
the Bainbridge Island Municipal Court to be in violation of this Title, commits a
misdemeanor and any person who is convicted of that violation shall be punished as
provided in BIMC 1.24.010.A.
H. Civil Penalty
In addition to any civil infraction fine, criminal penalty, and/ or other available
sanction or remedial procedure, any person engaging in conduct made unlawful by
this title shall be subject to a cumulative civil penalty in the amount of $1,000 per
day for each violation from the date set for compliance until the date of compliance.
Any such civil penalty shall be collected in accordance with BIMC 1.26.090.
I. Additional Remedies
In addition to any other remedy provided by this chapter or under the Bainbridge
Island Municipal Code, the city may initiate injunction or abatement proceedings or
any other appropriate action in courts against any person who violates or fails to
comply with any provision of this chapter to prevent, enjoin, abate, and/or terminate
violations of this title and/or to restore a condition that existed prior to the
violation. In any such proceeding, the person violating and/or failing to comply with
any provisions of this title shall be liable for the costs and reasonable attorneys’ fees
incurred by the city in bringing, maintaining and/or prosecuting such action.
J. Conflicts
In the event and to the extent the language of this section conflicts with language of
the codes and/or appendices adopted by reference in BIMC Title 18, the language of
18.33 Violations, Enforcement, and Penalties
18.33.020 Financial Surety Procedure
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this section shall prevail over the language it conflicts with in any said code and/or
appendix.”
18.33.020 FINANCIAL SURETY PROCEDURE
After reviewing any application for a land use or a zoning matter, the reviewing official or body
may provide for the posting of a financial surety to ensure continued compliance with any
conditions imposed, including the construction of improvements, the adherence to city
standards, and/or maintenance, repair or replacement of such improvements. The financial
surety shall be in a form acceptable to the city attorney. In the event a condition occurs
warranting the use of financial surety, the appropriate administrator may act under such
financial surety or may perform the work required at city expense, which expense shall be a lien
against the property, enforceable as would be a judgment thereon. (Ord. 92-08 § 2, 1992)
18.36 Definitions
18.36.010 Rules of Construction
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1188..3366 DDEEFFIINNIITTIIOONNSS
18.36.010 RULES OF CONSTRUCTION
In the interpretation of this Code the rules and definitions of this Section shall be observed and
applied, except when the context clearly indicates otherwise.
A. Words used or defined in one tense or form shall include other tenses and derivative
forms.
B. Words in the singular number shall include the plural number, and words in the
plural number shall include the singular number.
C. The masculine gender shall include the feminine and the feminine gender shall
include the masculine.
D. The word “shall” is mandatory.
E. The words “may” or “should” are permissive.
F. The words “Municipal Code” means the Municipal Code of the City of Bainbridge
Island, Washington.
G. The word “person” includes individuals, firms, corporations, associations, and any
other similar entities.
H. The word “county” means the Kitsap County, Washington.
I. The word “city” means the City of Bainbridge Island, Washington.
J. The words “City Council” mean the City Council of the City of Bainbridge Island,
Washington.
K. The word “state” means the State of Washington.
L. In case of any difference of meaning or implication between the text of this Code
and any caption or illustration, the text shall control.
M. The terms “standards” and “guidelines” have different meanings, as follows.
Standards mandate the specific course of planning and design action that the
applicant must incorporate in its project application. Compliance with standards is
mandatory. Statements of standards are indicated by use of the word “shall” in the
rule or directive. A failure to meet a mandatory standard may be used as a basis for
the City’s denial of a project application. In comparison, “guidelines,” if any, follow
the standards and are indicated by the words “may” or “should.” Guidelines are
voluntary and not mandatory; however, compliance is strongly encouraged to fulfill
the intent of the section. A failure to meet a voluntary guideline cannot be used by
the city as a basis for a project denial.
18.36 Definitions
18.36.020 Rules of Measurement
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18.36.020 RULES OF MEASUREMENT
Rules of measurement for the following terms are defined in BIMC 18.12.050.
A. Base Density
B. Building Footprint
C. Building Height
D. Density
E. Fence Height
F. Floor Area
G. Floor Area Ratio
H. Front Setbacks
I. Grade
J. Lot Area
K. Lot Coverage
L. Lot Depth
M. Lot Width
N. Rear Setback
O. Setback
P. Side Setback
Q. Shoreline Setback Line
R. Structure Height
S. Through Lots – Accessory Buildings
18.36 Definitions
18.36.030 Definitions
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18.36.030 DEFINITIONS
18.36.030.1. Abutting
“Abutting” means bordering or touching, such as sharing a common lot line. Lots that are
separated by a street or right-of-way are not abutting.
18.36.030.2. Accent Lighting
“Accent lighting” means any luminary that emphasizes a particular object or draws attention to
a particular area for aesthetic purposes.
18.36.030.3. Accessory Agricultural Processing and Livestock and Poultry Slaughtering
The killing or butchering of Large or Small Livestock or poultry, and the commercial preparation
and manufacturing of commodities such as wine or jam using crops or livestock raised
primarily from island farms. This is an accessory and subordinate use to Crop Agriculture or
Animal Agriculture.
18.36.030.4. Accessory Agricultural Education
“Accessory agricultural education” means the provision of knowledge, information, and skills
pertaining to agriculture, which is conducted concurrently with crop or animal agriculture crops
and as an accessory use to the primary agricultural use on the property. Examples include
demonstration gardens and interactive seminars that demonstrate best practices in farm
management and resource conservation.
18.36.030.5. Accessory Agricultural Retail
“Accessory Agricultural retail” includes community kitchens, stables, and also means the sale of
1) crops grown or livestock raised by a farmer, or 2) value added products made from crops
grown or livestock raised by the farmer, and 3) incidental associated agricultural products sold
on-site where agricultural crops or livestock are grown or raised that is subordinate to the
actual agriculture on-site. Products sold shall be 1) primarily Island grown crops, 2) value
added products if the defining ingredient was Island grown, and 3) associated products that are
incidental to the agricultural activity on the site.
A. “Accessory Agricultural Retail, Minor” means Agricultural Retail that (a) generates
less than 36 round trips per day on average, and (b) does not conduct more than
4 agricultural special events each year. This category includes Farm Stands and
joint use of farm stands by multiple producers and the use of retail sites for
pick-up of community supported agricultural deliveries. See Farm Stand.
B. “Accessory Agricultural Retail, Major” means Agricultural Retail that is more
intensive than Minor Agricultural Retail.
18.36 Definitions
18.36.030 Definitions
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18.36.030.6. Accessory Agricultural Tourism
“Accessory agricultural tourism” means agriculturally related accessory uses that are
subordinate to the growing of crops or the raising of livestock, designed to bring the public to
the farm on a temporary or continuous basis, such as U-pick farm sales, farm mazes, pumpkin
patches, farm animal viewing and petting, wagon rides, farmland and facility tours, horticulture
nurseries and associated display gardens, cider pressing, classes or workshops, wine or cheese
tasting, etc.
18.36.030.7. Accessory Antenna Device
“Accessory antenna device” means an antenna including, but not limited to, test mobile
antennas and global positioning (GPS) antennas that are less than 12 inches in height or width,
excluding the support structure.
18.36.030.8. Accessory Day Care Facility
“Accessory day care facility” means a day care center for people sited on the premises of an
operating community service facility, such as a private or public school, place of worship,
community center or library, and associated with that activity.
18.36.030.9. Accessory Composting Bins
“Composting Bin” means a structure built to facilitate the decomposition of organic matter.
Composting Bins must be designed to prevent the production of excessive odors.
18.36.030.10. Accessory Dwelling Units
Accessory dwelling unit means separate living quarters containing kitchen facilities, where the
living quarters are contained within or detached from a single-family dwelling on a single lot.
18.36.030.11. Accessory Structure
“Accessory structure” means a subordinate building or structure that is incidental to the
principal structure on the same lot, or an abutting lot if it meets the requirements in
18.09.030.I.12. Accessory structures include, but are not limited to, solar panels, small wind
devices, barns, sheds, and confined feed lots holding less than 5 chickens (roosters are only
allowed on parcels outside of the Mixed Use Town Center districts). Accessory dwelling units
are not considered accessory buildings or structures.
18.36.030.12. Accessory Use
“Accessory use” means a use customarily incidental and related to the principal use on the same
lot. Accessory dwelling units are not considered accessory uses.
18.36.030.13. Accessory Uses to Agriculture (not listed otherwise)
“Accessory use to Agriculture” means a use customarily incidental and related to Animal
Agriculture or Crop Agriculture and not defined separately. Other accessory uses to Agriculture
include without limitation: storage of heavy equipment or vehicles used for agricultural
18.36 Definitions
18.36.030 Definitions
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purposes, incidental structures used in support of permitted uses, the repair of agricultural
equipment used on the property or nearby properties, and mixing of feeds to be used in Animal
Agriculture or soil treatments to be used in Crop Agriculture.
18.36.030.14. Adjoining
“Adjoining” means immediately abutting or separated only by a street or right-of-way. (Ord.
92-08 § 2, 1992)
18.36.030.15. Adult Entertainment Facility
“Adult Entertainment Facility” means a facility where the principal use of the property or a
significant or substantial adjunct to another use of the property is the sale, rental, display or
other offering of live entertainment, dancing, or the making or selling of material that is
distinguished or characterized by its emphases on depicting, exhibiting, describing or relating
to sexual activities. This includes, but is not limited to, an adult bookstore, massage parlor,
adult motion picture booth or theater, adult dancing establishment, adult cabaret, or adult
arcade.
18.36.030.16. Affordable Housing
“Affordable housing” or “affordable dwelling unit” (formerly “HUD-defined affordable housing”)
means a dwelling unit for use as primary residence by a household in any of the income groups
described below, which may be rented or purchased (including utilities other than telephone
and cable TV) without spending more than 30 percent of monthly household income. Income
level eligibility threshold levels shall be set using HUD levels for the Seattle Metropolitan
Statistical Area.
18.36.030.17. Agricultural Research Facilities
“Educational or research facilities related to agriculture” means a facility for the investigation,
testing, or demonstration of products and processes related to agriculture, horticulture, or
animal husbandry, including biotechnical agriculture, veterinary, soil, plant and animal sciences.
18.36.030.18. Agricultural Land
“Agricultural land” is defined in BIMC 16.26.
18.36.030.19. Agricultural Operations
“Agricultural operation” is defined in BIMC 16.26.
18.36.030.20. Agricultural Processing
The commercial preparation and manufacturing of commodities such as wine or jam using
crops or livestock raised primarily from island farms.
18.36 Definitions
18.36.030 Definitions
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18.36.030.21. Agricultural Retail Plan
“Agricultural retail plan” means a document, filed with the city, which contains information on
agricultural activity occurring at a specific location. Different from, but may be supplemented
by, Trust for Working Landscapes or Kitsap County Conservation District farm plans.
18.36.030.22. Agricultural Special Event
“Agricultural Special event” means activities that are held on farmland and that are desirable but
unrelated to agriculture, such as weddings or parties unrelated to a resident of the property.
18.36.030.23. Agriculture, Crop
All forms of crop-related activities, such as growing crops and processing island-grown crops
as part of a farm. Examples include grain and vegetable farms, horticulture, greenhouses,
orchards, and tree nurseries. Crop Agriculture does not include Accessory Major or Minor
Agricultural Retail or Accessory Agricultural Tourism. Incidental vegetable gardening and
landscaping are accessory uses to residential land use and are not defined as agriculture.
18.36.030.24. Agriculture, Animal
All forms of activities involving the breeding, care, and/or sheltering of large or small livestock
or poultry for sale or use, or for the sale or use of their products or byproducts, and/or the
processing of those products or byproducts as part of a farm. Animal Agriculture does not
include a commercial feedlot. For purposes of this definition, a Commercial Feedlot is a
primary use of land in which more than 20 Large Livestock or more than 40 Small Livestock (1)
are regularly confined for more than 12 hours each day, on average, in an enclosed structure or
an area that is not normally used as a grazing area or for growing crops, and (2) are generally
fed within that structure or area by mechanical means or by hand (rather than by grazing) for
purposes of fattening for sale or slaughter. Occasional confinement of Large or Small Livestock
for more than 12 hours each day or periodic hand or mechanical feeding during bad weather
does not establish a Commercial Feedlot. Incidental keeping of common pets is an accessory
use to residential land use and is not defined as Animal Agriculture.
18.36.030.25. Animal Foster Home
“Animal foster home” means a temporary home with a permit approved by the animal control
authority to house lost, abandoned, or unwanted dogs and cats until an adoptive home is
located.
18.36.030.26. Animal Shelter
See BIMC 6.04.010.
18.36.030.27. Antenna
“Antenna” means any system of poles, panels, rods, reflecting discs or similar devices used for
the transmission or reception of radio frequency signals.
18.36 Definitions
18.36.030 Definitions
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A. “Omni-directional antenna” (also known as a “whip” antenna) transmits and
receives radio frequency signals in a 360-degree radial pattern. For the purpose
of this chapter, an omni-directional antenna is up to 15 feet in height and up to
four inches in diameter.
B. “Directional antenna” (also known as a “panel” antenna) transmits and receives
radio frequency signals in a specific directional pattern of less than 360 degrees.
C. “Parabolic antenna” (also known as a “dish” antenna) is a bowl-shaped device for
the reception and/or transmission of radio frequency communications signals in
a specific directional pattern.
18.36.030.28. Artist Studio
“Artist studio” means the workshop of an artist, writer, craftsperson, or photographer, but not a
place where members of the public come to receive instruction on a more than incidental basis
or to sit for portraits. An artist’s studio does not include a residence or living unit.
18.36.030.29. Assembly Area
Assembly area means a portion of a facility in which the public or membership gathers for
public presentations, events, education, worship, or civic activities. For purposes of
determining parking requirements, assembly area does not include portions of a facility with
fixed seating – such as an auditorium.
18.36.030.30. Associated Products and/or Activity
“Associated products and/or activity” for the purpose of Agricultural retail and as applied to
agricultural uses means a required agricultural input, product or activity related to the primary
crop, product or activity.
18.36.030.31. Attached Wireless Communication Facility
“Attached wireless communication facility” means a wireless communication facility that is
affixed to an existing structure. The existing structure is not considered a component of the
attached wireless communications facility.
18.36.030.32. Auto repair Services
“Auto repair services” means the servicing of automobiles, including mechanical servicing and
body work.
18.36.030.33. Bed and Breakfast
“Bed and breakfast” means a single-family residence that is owner-occupied and in which (1)
three or more guest rooms are provided within the residence or within accessory buildings, for
compensation, as overnight accommodations for transient visitors who remain no longer than
two weeks in any one visit, and (2) breakfast is customarily included in the charge for the room.
Similar facilities containing only one or two bedrooms for rental to guests shall be considered a
Minor Home Occupation.
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18.36.030.34. Best Management Practices
When used in the context of critical area regulations, “best management practices” are as
defined in BIMC 16.20. (Ord. 92-08 § 2, 1992)When used in the context of agricultural
practices, “best management practices” are those practices defined in BIMC 18.09.030.A.1.b
(Use Specific Standards for Agricultural Uses).
18.36.030.35. BIMC
“BIMC” means Bainbridge Island Municipal Code.
18.36.030.36. Boarding Kennel/Cattery
“Boarding kennel/cattery” means a kennel or cattery where dogs or cats are boarded or trained
for compensation, but does not include a pet shop, animal shelter, or veterinary hospital where
the boarding is incidental to the primary purpose of the facility.
18.36.030.37. Buffer
“Buffer” means space, either landscaped or existing or natural vegetation, intended to reduce
the impact of undesirable sights, sounds, odors, and/or to protect critical areas. Buffers
protecting critical areas shall be as defined in BIMC 16.20. (Ord. 98-20 § 13, 1998; Ord. 92-08
§ 2, 1992)
18.36.030.38. Building
“Building” means any structure having a roof, designed for shelter of persons, animals, or
property. (Ord. 2004-12 § 4, 2004: Ord. 2001-41 § 10, 2001: Ord. 92-08 § 2, 1992)
18.36.030.39. Caliper
“Caliper” means a measurement used for deciduous trees. Caliper of a tree trunk shall be taken
six inches above the ground up to and including four-inch caliper size, and 12 inches above the
ground for larger tree sizes.
18.36.030.40. Carport
“Carport” means a covered shelter for one or more vehicles that is open on at least two sides
18.36.030.41. Car Wash, Manual or Automatic
“Car Wash, Manual or Automatic” means a facility or area for the cleaning or steam cleaning,
washing, polishing, or waxing of passenger vehicles by machine or hand-operated facilities. A
car wash may be: a single unit type that has a single bay or a group of single bays with each
bay to accommodate one vehicle only; or a tunnel type that allows washing of multiple vehicles
in a tandem arrangement while moving through the structure.
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18.36.030.42. Cemetery
“Cemetery” means any one of the following in a place actually used for the placement of human
remains and dedicated for that purpose:
A. A tract of land actually used for the burial of human remains in the ground;
B. A mausoleum building or structure for the entombment of human remains in
crypts, which are spaces in which human remains are placed; and
C. A columbarium structure, room, or other space in a building or structure
containing niches in which cremated human remains are placed.
18.36.030.43. Certificate of Appropriateness
“Certificate of appropriateness” means the certificate issued by the Historic Preservation
Commission pursuant to BIMC 18.24 upon approval of proposed changes that do not adversely
affect the historic characteristics of a property listed on the local register.
18.36.030.44. Certificate of Review
“Certificate of review” means a certificate representing that the Historic Preservation
Commission has reviewed the proposed changes to a building of historic interest and certified
the changes as not adversely affecting the historic characteristics of the property.
18.36.030.45. Certified Local Government
“Certified local government” means a local government that has been certified by the State
Historic Preservation Officer and the National Park Service as having established its own historic
preservation commission and program that meets federal and state standards.
18.36.030.46. Circle Template
“Circle Template” means the template used to measure lot width. Lot width is determined by
the diameter of the biggest circle that can fit entirely inside the lot boundary line.
18.36.030.47. Cistern
“Cistern” is a receptacle for holding water or other liquid, especially a tank for catching and
storing rainwater.
18.36.030.48. Clearing
“Clearing” means the destruction or removal of vegetation by manual, mechanical, or chemical
methods.
18.36.030.49. Club
“Club” means a meeting place for an incorporated or unincorporated association of persons
organized for some common purpose, including social, educational, literary, political, or
charitable purpose, operated by a private nonprofit or noncommercial organization.
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18.36.030.50. Co-location
“Co-location” means the location of more than one wireless communications provider mounts
equipment on a single support structure.
18.36.030.51. Commercial Amusements
“Commercial amusements” means a video arcade, electronic game center, pool hall, dance hall,
paintball center, a virtual reality arcade and similar uses.
18.36.030.52. Commercial Moving and Freight Terminal
A facility in which freight or goods are assembled for loading onto a vehicle for transfer to
another location in return for a fee.
18.36.030.53. Commercial Parking, Surface
“Commercial parking, surface” means the ownership, lease, operation, or management of a
commercial surface parking lot in which fees are charged.
18.36.030.54. Commercial Parking, Structure
“Commercial parking, structure” means the ownership, lease, operation, or management of an
above-ground or below-ground commercial parking structure in which fees are charged.
18.36.030.55. Commercial Use
“Commercial use” means the providing of goods or services for compensation.
18.36.030.56. Community Garden
“Community Garden” means a facility or area for cultivation of fruits, flowers, vegetables, or
ornamental plants by more than one person or family.
18.36.030.57. Commuter-Oriented Retail Sales
“Commuter-oriented retail sales” means retail services and certain personal and professional
services, offered primarily to ferry commuters, open during peak commute hours. Examples of
commuter-oriented retail sales include coffee bar, newspaper stand, florist, drop-off dry
cleaners, shoe repair, automatic teller machines and other uses that require a short visit.
18.36.030.58. Comprehensive Plan
“Comprehensive plan” means the policies approved by the city council as a guide to the
development of the city. (Ord. 92-08 § 2, 1992)
18.36.030.59. Conditional Use
“Conditional use” means a use listed among those classified in any given zone but permitted to
locate only after review by the city’s hearing examiner and in accordance with standards and
criteria set forth in this title. (Ord. 92-08 § 2, 1992)
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18.36.030.60. Consent
When used in connection with historic preservation, “consent” means informed consent, and in
the case of nominations or designations for listing on the register shall mean consent given
after receipt of information prescribed in the commission’s rules that will inform the property
owner of the practical and legal effect of nominating or designating the property for listing on
the register.
18.36.030.61. Cultural Facility
“Cultural facility” means a library, museum, art gallery, cultural center, community center (such
as a community kitchen), convention center, exhibition hall, or meditation facility. Cultural
facility does not include an artist studio.
18.36.030.62. Custom Operators
“Custom Operators” means an enterprise in which a contractor or other operator agrees to
perform all or some machine operations, providing equipment and labor, for production and
related activities on agricultural sites in exchange for a payment or a payment along with a
percentage of profits. Field operations performed by a custom operator may include field
preparation, planting, cultivating, harvesting, tilling, haymaking, bush hogging, crop storage,
hauling, fencing, and barn construction.
18.36.030.63. Cut-off Angle
“Cut-off angle” (of a luminary) means the angle, measured from the lowest point between a
vertical line from the center of the lamp extended to the ground and the first line of sight at
which the bare source is not visible.
18.36.030.64. Day Care Center
“Day Care Center” means a building or structure in which an agency, person, or persons
regularly provide care for 13 or more people in any 24-hour period and could include a public
or private school.
18.36.030.65. Defining Ingredient
“Defining ingredient” means the part or component that describes the distinguishing
characteristic of a product. (Ord. 2004-11 § 2, 2004)
18.36.030.66. Department
“Department” means the city’s department of planning and community development. (Ord. 92-
08 § 2, 1992)
18.36.030.67. Development Rights
“Development rights” means the potential for the improvement of real property, measured in
dwelling units or units of commercial or industrial space, existing because of the zoning
classification of real property. (Ord. 96-07 § 1, 1996)
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18.36.030.68. Diameter/Diameter-Breast-Height
When used in connection with trees, “Diameter/diameter – breast – height” means the diameter
of a tree trunk measured at four feet above average grade.
18.36.030.69. Director
“Director” means the director of the planning and community development department or his or
her designee. (Ord. 2005-13 § 1, 2005: Ord. 2003-44 § 3, 2004: Ord. 92-08 § 2, 1992)
18.36.030.70. Disabled Person or Handicapped Person
A “disabled” or “handicapped” person is one who meets the definition of a handicapped person
in the federal Fair Housing Act Amendments of 1988, as amended.
18.36.030.71. Domestic Animal
“Domestic animal” means cats, dogs, rabbits and other small animals commonly kept as pets in
the city.
18.36.030.72. Drive-Through Business
“Drive-through business” means a business or portion of a business where customers may carry
on business while seated in a motor vehicle. This definition shall include but not be limited to
gas stations, car washes, and drive-in restaurants or banks.
18.36.030.73. Drought Resistant Plants
“Drought resistant plants” means plant material once established can survive with little or no
water other than that from annual rainfall.
18.36.030.74. Dwelling
“Dwelling or dwelling unit” means a building or portion of a building that provides independent
living facilities with provisions for sleeping, eating and sanitation; provided a recreational
vehicle or bus is not a dwelling or dwelling unit. A facility for sleeping is a habitable room large
enough for a couch, bed or cot. A closet in the room is not necessary for the room to be
considered a bedroom. Provisions for sanitation mean that bathing facilities are provided, e.g.,
a shower or a tub. A toilet and sink in a room is not considered bathing facilities. A kitchen is
necessary to provide facilities for eating (see definition of kitchen).
18.36.030.75. Dwelling, Single-Family
“Single-family dwelling” means a structure containing one dwelling unit on one lot and having a
permanent foundation, and includes Factory-Built Homes and Manufactured Homes.
18.36.030.76. Educational Facilities
“Educational Facilities” means a public or private school or educational or training institution
that offers a program of college, professional, environmental, preparatory, high school, middle
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school, junior high school, elementary, kindergarten instruction, or any combination of those
facilities, 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.
18.36.030.77. Egg Laying Facility
A form of Animal Agriculture in which more than 200 poultry are confined indoors or outdoors
for feeding purposes and where the space per animal is less than two square feet.
18.36.030.78. Emergency Repair
“Emergency repair” means work necessary to prevent the destruction or dilapidation of
buildings, objects, sites and structures that are immediately threatened or have been damaged
by fire, flood, earthquake or other disaster.
18.36.030.79. Emergency Repair for Historic Buildings
“Emergency repair for historic buildings” means work necessary to prevent destruction or
dilapidation of a building of historic interest immediately threatened or damaged by fire, flood,
earthquake or other disaster.
18.36.030.80. Entertainment Facility
“Entertainment facility” means a performing arts theater, or cinema, concert venue, or
circus/festival; venue not included in the definition of Recreation Activities, Outdoor, and
Recreation Activities, Indoor, “Entertainment facility” does not include adult-oriented
entertainment facilities.
18.36.030.81. Equestrian Facilities
“Equestrian facility” means a facility designed and intended for the display of equestrian skills
and the hosting of events including, but not limited to, show jumping, dressage, and similar
events of other equestrian disciplines.
18.36.030.82. Equipment Shelter
“Equipment shelter” or “cabinet” means a room, cabinet or building used to house equipment
for utility or service providers.
18.36.030.83. Established Vegetation
“Established vegetation” means mature trees and shrubs.
18.36.030.84. 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
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permanent foundation. Such dwellings must have the insignia of approval of the Washington
State Department of Labor and Industries, in accordance with Chapter 43.22 RCW.
18.36.030.85. Family
“Family” means one or more persons (but not more than five unrelated persons) living together
as a single housekeeping unit. For purposes of this definition and notwithstanding any other
provision of this Code, persons with familial status within the meaning of Title 42 United States
Code, Section 3602(k) and persons with handicaps with the meaning of Title 42 United States
Code, Section 3602(h) and RCW 35A.63.240 will not be counted as unrelated persons. “Adult
family homes” as defined by RCW 70.128.175 shall be included within this definition of “family.”
Facilities housing individuals who are incarcerated as the result of a conviction or other court
order shall not be included within this definition of “family.”
18.36.030.86. Family Day Care Home
“Family day care home” means a family abode in which child day care is provided on the
premises during part of the 24-hour day to 12 or fewer children, including the provider’s own
and foster children under 11 years of age. Education functions that are secondary to the day
care operation are allowable for the number of children specified and will not be considered a
school.
18.36.030.87. Farm Stand
“Farm stand” means a form of agricultural retail use that includes an accessory structure or land
used for the sale, by the owner or his family or tenant, of agricultural or horticultural produce,
livestock or merchandise principally produced on that farm, but may include produce grown on
other farms and accessory products, and that is clearly a secondary use of the premises and
does not change the character of the premises. It also may include a central place where
farmers can deliver products for pick-up by consumers but not a wholesale distribution center.
18.36.030.88. Fixture
When used in connection with lighting, “Fixture” (also called a “luminaire”) means a complete
lighting unit including the lamps, together with the parts required to distribute the light, to
position and protect the lamps, and to connect the lamps to the power supply.
18.36.030.89. Flag Lot
“Flag lot” means a lot of a panhandle configuration where the panhandle connects the main
body of the lot to a road or street. (Ord. 92-08 § 2, 1992)
18.36.030.90. Food Service Establishment
“Food service establishment” means a building, or portion thereof, containing tables and/or
booths, which is designed, intended and used for the indoor sales and consumption of food
prepared on the premises, for employees of businesses within the development. The term
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“food service establishment” shall not include “restaurant”, “formula take-out food restaurant”,
or “drive-through business.”
18.36.030.91. Foot-Candle
“Foot-candle” means a measure of illuminance or a measure of how bright a light appears to
the eye. One foot-candle is equal to one lumen/ft2. As an example, a typical 60-watt
incandescent lamp (840 lumens) produces an illuminance of 0.1 foot-candles at a distance of
about 25 feet.
18.36.030.92. Formula Take-Out Food Restaurant
“Formula take-out food restaurant” means a restaurant or establishment that (1) is contractually
required to offer standardized menus, ingredients and interior or exterior design; and (2) serves
or delivers its food or beverages primarily in disposable containers.
18.36.030.93. Forestry
“Forestry” means any activity conducted on or directly pertaining to forest land and relating to
growing, harvesting, or processing timber, including but not limited to: Road and trail
construction; harvesting, final and intermediate; precommercial thinning; reforestation;
fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush
control. ”Forestry” shall not include: Forest species seed orchard operations and intensive
forest nursery operations; or preparatory work such as tree marking, surveying and road
flagging; or removal or harvest of incidental vegetation from forest lands such as berries, ferns,
greenery, mistletoe, herbs, mushrooms, and other products that cannot normally be expected
to result in damage to forest soils, timber or public resources.
18.36.030.94. Foster Care
“Foster care” means 24-hour per day temporary substitute care for the child placed away from
the child's parents or guardians and for whom the department or a licensed or certified child
placing agency has placement and care responsibility. This includes but is not limited to
placements in foster family homes, foster homes of relatives, licensed group homes, emergency
shelters, staffed residential facilities, and preadoptive homes, regardless of whether the
department licenses the home or facility and/or makes payments for care of the child.
18.36.030.95. Foster Home
“Foster home“ means person(s) regularly providing foster care on a 24-hour basis to one or
more children in the person’s home.
18.36.030.96. Garage
“Garage” means a building or portion of a building designed or used for the shelter of vehicles
and enclosed on at least three sides.
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18.36.030.97. Gasoline Service Station
“Gasoline service station” means a retail business where gasoline or other automotive fuel is
sold.
18.36.030.98. Geological Hazard
“Geological Hazard” shall have the meaning defined in BIMC 16.20.030.A.20.
18.36.030.99. Governmental Facility
“Governmental facility” means an institution operated by a federal, state, county, or city
government, or special purpose districts.
18.36.030.100. Grazing Area
Any open land area used to pasture livestock in which suitable forage is maintained over 80% of
the area at all times of the year.
18.36.030.101. Greenhouse
“Greenhouse” means an establishment where flowers, shrubs, vegetable, trees, and other
horticultural floricultural products are grown both in open and enclosed buildings.
18.36.030.102. Greenway
“Greenway” means a system of land areas and connector links. Land areas include but are not
limited to: large open areas, public lands, farm lands, critical areas, forests, shoreline areas,
and parks. The features of the connector links include: trail systems, riparian areas, visual or
scenic views of ridgelines, wildlife corridors or any combination of these.
18.36.030.103. 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, prisons,
or Healthcare Facilities. This use also includes facilities that would meet the definition of a
Small Group Living Facility except that they house more than six residents (not including
caregivers).
18.36.030.104. 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.
18.36.030.105. Hazardous Substance Handling
“Hazardous substance handling” means the use, storage, manufacture, production, or other
land use activity involving hazardous substances; except for individually packaged household
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consumer products or quantities of hazardous substances of less than five gallons in volume
per container.
18.36.030.106. Hazardous Waste
“Hazardous waste” means and includes all dangerous and extremely hazardous waste as
specified in RCW 70.105.010.
18.36.030.107. Hazardous Waste Storage
“Hazardous waste storage” means the holding of dangerous waste for a temporary period.
Accumulation of dangerous waste is not storage as long as the accumulation is in compliance
with applicable requirements of WAC 173-303-200 and 173-303-201.
18.36.030.108. Hazardous Waste Treatment
“Hazardous waste treatment” means the physical, chemical, or biological processing of
dangerous waste to make such wastes non-dangerous or less dangerous, safer for transport,
amenable for energy or material resource recovery, amenable for storage or reduced in volume.
18.36.030.109. Hazardous Waste Treatment and Storage, Off-site
“Off-site hazardous waste treatment and storage” means hazardous waste treatment and
storage facilities that treat and store waste generated on properties other than those on which
the off-site facilities are located.
18.36.030.110. Hazardous Waste Treatment and Storage, On-site
“On-site hazardous waste treatment and storage” means storing or treating hazardous wastes
on the lot on which the wastes are generated.
18.36.030.111. Health Care Facility
“Health care facility” means a building or buildings used for human health care.
18.36.030.112. Heavy Equipment
“Heavy equipment” means self-powered, self-propelled or towed mechanical devices,
equipment and vehicles of the nature customarily used for commercial purposes such as
tandem axle trucks, graders, backhoes, tractor trailers, cranes and lifts but excluding
automobiles, recreational vehicles and boats and their trailers.
18.36.030.113. Heavy Equipment Storage Area
“Heavy equipment storage area” means a place where two or more items of heavy equipment
are stored.
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18.36.030.114. Heavy Use Area
Any portion of a property (a) where frequent concentrations and passage of Large Livestock or
Small Livestock or the accumulation of animal waste prevents the growth of grass and the
prevailing ground is generally one of bare ground or mud.
18.36.030.115. Historic District
“Historic district” means a geographically definable area containing a significant concentration,
linkage, or continuity of sites, buildings, structures, and/or objects united by past events or
aesthetically by plan or physical development, and that has been designated as a Historic
District by the City.
18.36.030.116. Historic Preservation Commission
“Historic preservation commission” or “commission” means the commission created pursuant to
BIMC 18.24 and governed by that chapter.
18.36.030.117. Historic Property
“Historic property” means real property together with improvements on the property (except
property listed in a register primarily for objects buried below ground) that is listed in a local or
national register.
18.36.030.118. Historic Significance
“Historical significance” means something that is important or helpful in the understanding of
the history of the local area, state or nation by illuminating the local, statewide, or nationwide
impact of the events or persons associated with the property, or the property’s architectural
type or style.
18.36.030.119. Home Occupation
“Home occupation” means an accessory use of a dwelling unit for gainful employment involving
the manufacture, provision, or sale of goods and/or services. Home occupation does not
include daycare centers, general retail sales, restaurants or other eating and drinking
establishments, adult entertainment facilities, funeral chapels or mortuaries, storage of
flammable liquids or hazardous materials beyond that normally associated with residential use,
sale or rental of adult materials, or heavy machinery storage not part of an agricultural use.
A. “Minor Home Occupations” are compatible with the neighborhoods in which they
are located and cause no impact greater than that generally associated with a
single residence. Bed and breakfast establishments that rent no more than two
rooms to transient visitors shall be considered a minor home occupation.
B. “Major Home Occupations” cause some effect greater than that generally
associated with a single residence and require some action or conditions to
reduce those effects. Major home occupations include, but are not limited to the
following: Home occupations that do not meet all the criteria for minor home
occupations; auto repairing, vehicle detailing, and vehicle, boat, or trailer
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painting and major appliance repair; and commercial welding and machine
shops.
18.36.030.120. Hotel
“Hotel” means any building that is held out to the public to be an inn, motel, hotel or public
lodging house or place where sleeping accommodations, whether with or without meals, or the
facilities for preparing the same, are furnished for hire to transient guests, in which three or
more rooms are used for the accommodation of such guests. A hotel or motel is not a bed-
and-breakfast lodging as defined and regulated elsewhere in this Code. Short-term rental (less
than 30 days at a time) of a single-family residence does not constitute a hotel.
18.36.030.121. Industrial Wastewater
“Industrial wastewater” includes wastewater resulting from (a) any process of industry,
manufacture, trade or business; (b) the development of any natural resource; or (c) the washing
of equipment and vehicles, or similar activities. Storm water runoff and runoff from the
watering of landscaping is not included.
18.36.030.122. Kennel
“Kennel” means a place where three or more adult domestic animals are kept commercially,
generally overnight. A commercial kennel is considered a professional service under this title
and is maintained to board, breed or treat the animals for profit and shall exclude pet shops
and agriculture. This use includes a boarding kennel/cattery, animal shelter, or animal foster
home.
18.36.030.123. Kitchen
A kitchen is a place where food is cooked or prepared and contains the facilities and equipment
use in preparing and serving food, such as: a gas or electric range or oven (a free-standing
burner, warming oven or microwave is not considered a range or oven); a kitchen sink (a bar or
hand sink is not considered a kitchen sink); refrigerator/freezer (an upright refrigerator or
freezer that fits under a counter, such as the type often found in offices, is not sufficient for a
kitchen in a dwelling); kitchen cabinets (a small base cabinet use to support the bar or hand
sink and provide minimum storage is not sufficient for a kitchen in a dwelling); OR electric
outlet for 220 voltage and/or plumbing or standpipes for equipment and facilities normally
found in a kitchen.
18.36.030.124. Lamp
“Lamp” means the light-producing source installed in the socket portion of a luminaire.
18.36.030.125. Landscaping
“Landscaping” means the placement, preservation, and the replacement of trees, shrubs, plants
and other vegetative materials in accordance with an approved landscaping plan meeting the
requirements set forth in this Title or the Administrative Manual. (Ord. 92-08 § 2, 1992)
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18.36.030.126. Landscape Perimeter Averaging
“Landscape perimeter averaging” means a method that allows required landscape perimeters to
be reduced to a minimum dimension and cluster plants to areas within the perimeter that
provides denser screening adjacent to structures and parking areas, and allows lesser screening
in areas where there are no structures and parking areas. Landscape perimeter averaging is also
allowed to retain significant trees and tree stands located within the perimeters. The total
required landscape perimeter dimension square footage must be achieved.
18.36.030.127. Lattice Tower
“Lattice tower” means a wireless communication support structure that consists of metal
crossed strips or bars to support antennas and related equipment.
18.36.030.128. Light Pollution
“Light pollution” means general sky glow caused by the scattering of artificial light in the
atmosphere and resulting in decreased ability to see the natural night sky.
18.36.030.129. Light Trespass
“Light trespass” means any light emitted by an outdoor luminaire that shines directly beyond
the property on which the luminaire is installed, or indirectly shines beyond the property on
which the luminaire is installed at a brightness (illuminance) that exceeds 0.1 foot-candles at
the property line.
18.36.030.130. Livestock
“Livestock” means horses, camelids, bovine animals, sheep, goats, swine, reindeer, donkeys,
mules and any hoofed animal.
18.36.030.131. Livestock, Large
Livestock generally weighing over 500 pounds, such as cattle and horses.
18.36.030.132. Livestock, Small
Livestock weighing under 500 pounds, such as poultry, sheep, goats, miniature horses, llamas,
alpacas, reindeer, donkeys, mules, and hogs, but excluding pigs weighing under 120 pounds
and standing 20 inches or less at the shoulder that are kept as household pets.
18.36.030.133. Local Historic Inventory
“Local historic inventory” or “inventory” means the comprehensive inventory of the historic
resources located within the city’s boundaries, which is established and maintained by the
commission.
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18.36.030.134. Local Register of Historic Places
“Local register of historic places” or “local register” or “register” means the list of historic
properties within the city established pursuant to BIMC 18.24.030.
18.36.030.135. Lot
“Lot” means a platted or unplatted parcel or tract of land. (Ord. 92-08 § 2, 1992)
18.36.030.136. Lot, Corner
“Corner lot” means a lot bounded on adjacent sides by streets. (Ord. 92-08 § 2, 1992)
18.36.030.137. Lot Line, Front
“Front lot line” means the lot line abutting any street. (Ord. 92-08 § 2, 1992)
18.36.030.138. Lot Line, Rear
“Rear lot line” means the lot line opposite and most distant from the front lot line; when the lot
extends to tidal water, the rear lot line is the ordinary high water mark. (Ord. 92-08 § 2, 1992)
18.36.030.139. Lot Line, Side
“Side lot line” means any lot line that is neither a front or rear lot line. (Ord. 92-08 § 2, 1992)
18.36.030.140. Lot, Standard
“Standard Lot” means a conforming or nonconforming lot created through some means other
than the flex-lot process.
18.36.030.141. Lot, Through
“Through lot” means a lot having frontage on two streets that do not intersect at a lot line. (Ord.
92-08 § 2, 1992)
18.36.030.142. Luminaire
See “Fixture”
18.36.030.143. Manufactured Home
“Manufactured home” means any building designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities, that is constructed primarily in
a factory in compliance with the National Manufactured Home Construction and Safety
Standards (adopted June 15, 1976), contains a permanent chassis, and is transported to the site
in one or more sections for assembly and installation according to the manufacturer’s
specifications. Such dwellings must have the insignia of approval of the U.S. Department of
Housing and Urban Development, in accordance with Chapter 43.22 RCW.
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18.36.030.144. Manufacturing, Light
“Manufacturing, light” means businesses located within a building and involving assembling,
distributing fabricating, manufacturing, packaging, printing, processing, publishing, recycling,
repairing, servicing, storing, or wholesaling of goods or products.
18.36.030.145. Manufacturing, General
“Manufacturing, general” means any principally permitted use whose operations is
predominantly out of doors rather than completely enclosed within a building. These uses
include, but are not limited to, outdoor assembly businesses, equipment and vehicle yards, and
outdoor recycling facilities.
18.36.030.146. Manufacturing, Small-Scale
“Manufacturing, small-scale” means a business that includes small-scale assembly, small-scale
processing or other activities 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.
18.36.030.147. Mature Trees and Shrubs
“Mature trees and shrubs” means Significant Trees as defined in BIMC 18.36 and/or native
shrubs, ferns and forbs established at a density that provides a predominately continuous
cover.
18.36.030.148. Mature Vegetation on Ridgelines
“Mature vegetation on ridgelines” means existing Significant Trees as defined in BIMC 18.36
located on those dominant natural topographic features that are prominently visible from off-
site public rights-of-way and lands.
18.36.030.149. Maximum Extent Feasible
“Maximum extent feasible” means no feasible and prudent alternative exists and that all
possible efforts to comply with the regulation or minimize potential harm or adverse impacts
have been undertaken. Economic consideration may be taken into account but shall not be the
overriding factor in determining “maximum extent feasible.”
18.36.030.150. Median Household Income
“Median household income” means the amount calculated and published by the United States
Department of Housing and Urban Development (“HUD”) each year for the Seattle Metropolitan
Statistical Area (MSA) as the median household or family income, adjusted by HUD for
household size. (Ord. 99-14 § 1, 1999: Ord. 97-15 § 1, 1997; Ord. 96-08 § 3, 1996)
18.36.030.151. Mining and Quarrying
“Mining and Quarrying” means operations and extracting activities, and generally include the
screening, sorting, and piling of rock, sand, stone, gravel, or ore. For example, an operation
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that extracts rock, then screens, sorts, and with no further processing places the rock into piles
for sale, is an extracting operation. This definition is intended to be consistent with the
definitions in RCW 78.44.031(17), and in case of an inconsistency the provisions of RCW
78.44.031(17) shall govern.
A. The crushing and/or blending of rock, sand, stone, gravel, or ore are
manufacturing activities. These are manufacturing activities whether or not the
materials were previously screened or sorted.
B. Screening, sorting, piling, or washing of the material, when the activity takes
place in conjunction with crushing or blending at the site where the materials are
taken or produced, is considered a part of the manufacturing operation if it takes
place after the first screen. If there is no separate first screen, only those
activities subsequent to the materials being deposited into the screen are
considered a part of the manufacturing operation.
18.36.030.152. Mobile Retail Food Establishment
“Mobile retail food establishment” means a retail food establishment that is operated from a
movable vehicle or other portable structure, and that routinely changes location, except that if
the establishment operates from any one location for more than thirty consecutive days, the
establishment is no longer a mobile retail food establishment. A mobile retail establishment
shall not be considered a personal service.
18.36.030.153. Monopole
“Monopole” means a wireless communication facility that consists of a support structure, the
height of which shall not exceed 120 feet in height not including antennas.
18.36.030.154. Motor Vehicle Sales Lot
"Motor vehicle sales lot" means any land or buildings used primarily for the sale of new or used
motor vehicles fit for transportation.
18.36.030.155. Multifamily Development
“Multifamily development” means a building or portion of a building containing two or more
dwelling units or more than one dwelling unit on one lot, including multiple living units on a
single parcel sharing kitchen facilities, not including accessory dwelling units. Multifamily
development also includes a mobile home park.
18.36.030.156. National Register of Historic Places
“National Register of Historic Places” or “National Register” means the national listing of
historically significant properties, established pursuant to 16 USC Section 470a.
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18.36.030.157. Native Forest
“Native forest” means mature trees and shrubs consisting of native trees and plants.
18.36.030.158. Native Species
“Native species” means tree, shrub, or ground cover species which occur or live naturally in the
Puget Sound region.
18.36.030.159. Native Vegetation
“Native vegetation” means tree, shrub, or ground cover species that occur or live naturally in the
Puget Sound region.
18.36.030.160. Non-commuter ferry parking
“Non-commuter ferry parking” means parking in the ferry terminal overlay district, intended for
ferry passengers traveling occasionally for purposes other than commute to employment (for
example, traveling after 9:00 a.m. or requiring parking at the ferry terminal for less than eight
hours).
18.36.030.161. Nonconforming Lot
“Nonconforming lot” means a lot that was lawfully created but does not conform to the lot
requirements of the zone in which it is located. (Ord. 92-08 § 2, 1992)
18.36.030.162. Nonconforming Structure
“Nonconforming structure” means a structure that was lawfully constructed prior to adoption of
the ordinance codified in this title, or applicable amendments thereto and that does not
conform to present regulations of the code. (Ord. 92-08 § 2, 1992)
18.36.030.163. Nonconforming Use
“Nonconforming use” means a use of land that was lawfully established and has been lawfully
continued, but does not conform to the regulations of the zone in which it is located as
established by this title or amendments to this title. (Ord. 92-08 § 2, 1992)
18.36.030.164. Nursery
“Nursery” means an agricultural/commercial enterprise where plants and accessory products
are sold on a retail basis. Twenty-five percent (25%) of the gross sales receipts of the
commercial nursery must be derived from plants produced on site; or twenty-five (25%) of the
area designated as a commercial nursery shall be dedicated to the cultivation of plants to be
sold on-site.
18.36.030.165. Object
When used in connection with historic preservation, “object” means a thing of functional,
aesthetic, cultural, historical, or scientific value that may, by nature or design, be movable yet
related to a specific setting or environment.
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18.36.030.166. Off-Site Views
“Off-site views” or “views from off-site” mean existing scenic views of forests, mountains,
farms, meadows or marine waters into and across a parcel of land where a subdivision is
proposed or such views from a public roadway.
18.36.030.167. Open-Air Sales for Garden Supplies
“Open-air sales for garden supplies” means any person, firm or corporation offering the sale of
garden tools, equipment, and supplies operated in conjunction with a nursery and/or tree farm
where the plant materials sold are limited to those grown on the premises at a non-permanent
location by exhibiting, displaying, selling, or offering for sale such products.
18.36.030.168. Open Space
“Open space” means land and/or water area that is predominantly undeveloped, and is set aside
to serve the purposes of protecting and conserving critical areas and natural systems,
protecting potable water and waterways that flow into Puget Sound, and providing park and
recreation opportunities, and enhancing aquifer recharge. Open space excludes tidelands,
shorelands, areas occupied by dwellings, impervious surfaces that are not incidental to open
space purposes, such as a parking lot, and areas that were clear cut or extensively logged
within five years of submittal.
18.36.030.169. Orchard
“Orchard” means an area of land devoted to the cultivation of fruit or nut trees.
18.36.030.170. Ordinary High Water Mark
“Ordinary high water mark” means the mark on all lakes, streams and tidal water that will be
found by examining the bed and banks and ascertaining where the presence and action of
waters are so common and usual, and so long continued in all ordinary years, as to mark upon
the soil a character distinct from that of the abutting upland, in respect to vegetation. If the
ordinary high water line cannot be found, the ordinary high water mark adjoining salt water
shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh
water shall be the line of mean high water. (Ord. 92-08 § 2, 1992)
18.36.030.171. Ordinary Repair and Maintenance
“Ordinary repair and maintenance” means work the purpose of which is to correct the
deterioration of real property or an improvement located on real property.
18.36.030.172. Ordinary Repair and Maintenance for Historic Buildings
“Ordinary repair and maintenance for historic buildings” means work for which a permit issued
by the city is not required by law, and where the work does not alter the exterior of a building
of historic interest.
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18.36.030.173. Outdoor Storage
“Outdoor storage” means the outdoor storage of goods for more than 72 hours. Outdoor
storage includes, but is not limited to, sales or storage yards for automobiles, trailers, moving
equipment, boats, construction equipment and materials, items used for manufacture, and auto
wrecking yards. Temporary outdoor sales displays less than 100 sq. ft. in ground area per
business establishment, moorage areas in marinas, parking, and outdoor sales and storage
areas of commercial nurseries and lumber yards are not defined as outdoor storage.
18.36.030.174. Overlay District
“Overlay district” means a geographic area that constitutes a mapped district superimposed
over the underlying zone on the official zoning map. (Ord. 96-08 § 4, 1996)
18.36.030.175. Owner
“Owner” means the party or parties having the fee interest in land.
18.36.030.176. Parfitt-Waterfront Area
“Parfitt-Waterfront Area” is defined as that area south of the boundary created by the following
parcels and streets; starting at the northern property line of 272502-4-1130-2000; proceeding
eastward along Blue Drive to its western intersection with Brien Drive; proceeding eastward
along Brien Drive to its intersection with Bjune and Shannon Drives; and proceeding southward
along Shannon Drive to the south property line of 4114-005-001-0003; and proceeding
eastward to Winslow Ravine.
18.36.030.177. Park, Active Recreation
“Active recreation park” means a park where the primary uses are athletic fields, playgrounds,
swimming facilities, sports courts, or other activities that require specialized fields or
equipment.
18.36.030.178. Park, Passive Recreation
“Passive recreation park” means a park where the primary uses are hiking, bird watching,
picnicking, and other low impact activities.
18.36.030.179. Park and Ride Facility/Lot
“Park and ride facility/lot” means an area or structure intended to accommodate parked vehicles
during normal commuting hours, usually 5:00 a.m. to 8:00 p.m., Monday through Friday, where
commuters park their vehicles and continue travel to another destination via public transit,
carpool, vanpool, or bicycle. Park and ride facilities shall be developed in accordance with
Chapter 18.81 BIMC, Parking and Access Requirements, and Chapter 18.85 BIMC, Landscape
Requirements.
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18.36.030.180. Park and Ride Lot, Shared-use
“Shared-use park and ride lot” means a parking lot or structure that was originally developed
for a limited, nonresidential use, such as a church or theater, and serves the same function as a
park and ride facility, BIMC 18.06.807, but is restricted for use by commuters Monday through
Friday only, usually from 5:00 a.m. to 8:00 p.m. A shared-use park and ride facility requires no
expansion of existing parking area or number of stalls or any other development beyond
maintenance, signage and striping normally conducted by Kitsap Transit for this purpose.
18.36.030.181. Parking Lot
“Parking lot” means an area intended to accommodate parked vehicles for a fee or not
accessory to single-family residences.
18.36.030.182. Parking Space
“Parking space” means a space on a lot, exclusive of access drives, used to park a vehicle and
having access to a public street.
18.36.030.183. Pasture
“Pasture” means land used primarily for grazing by domesticated animals.
18.36.030.184. Pedestrian Orientation
“Pedestrian orientation” means that the location and access to structures, site configuration and
elements, types of uses permitted at street level, building front design, and location of signs
are based on the needs of persons on foot. (Ord. 92-08 § 2, 1992)
18.36.030.185. Perimeter Landscaping
“Landscape perimeter” means a landscape buffer located along a subdivision boundary. The
landscape perimeter may contain established native vegetation or additional landscaping.
18.36.030.186. Permanent Foundation
“Permanent foundation” means a foundation constructed in compliance with the standards of
the International Building Code, except foundations for manufactured homes shall be in
compliance with the printed installation instructions provided by the manufacturer of the
manufactured home. (Ord. 92-08 § 2, 1992)
18.36.030.187. Personal Service
“Personal service” means an establishment that provides on-site service(s) in a non-office
environment including, but not limited to, beauty shops, shoe repair, laundry, dry cleaning
services, animal care services, and tanning salons. Auto repair and body shops are not included
under this definition.
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18.36.030.188. Planning Commission
“Planning commission” means the Bainbridge Island Planning Commission, as described in BIMC
2.14.020.
18.36.030.189. Preferred Use
“Preferred use” means favored choice, promoted or advanced in some way. An activity identified
as a priority among the possible uses. (Ord. 2004-11 § 2, 2004)
18.36.030.190. Primarily Island grown
“Primarily Island grown,” for the purposes of on-site, year-round agricultural retail, shall mean
that the majority (75 percent, based on the value) of the crops and value added products being
sold are grown on the Island.
18.36.030.191. Principal Building
“Principal building” means the building that houses a principal use on a lot, and to which all
other buildings on the same lot are accessory. (Ord. 2004-12 § 6, 2004)
18.36.030.192. Principal Building, Adjacent
“Adjacent principal building” means a principal building located on a lot abutting the applicant’s
lot. (Ord. 92-08 § 2, 1992)
18.36.030.193. Principal Building, Shoreline
“Shoreline principal building” means that building on a lot closest to the ordinary high water
mark excluding accessory structures. (Ord. 92-08 § 2, 1992)
18.36.030.194. Principal Use
“Principal use” means the primary or predominant use to which the lot or building is or may be
devoted and to which all other uses are accessory. (Ord. 92-08 § 2, 1992) A lot or building may
have only one principal use.
18.36.030.195. Professional Service
“Professional service” means a business or agency that provides services in an office
environment and includes, but is not limited to, legal services, counseling services, real estate
offices, financial services, insurance services, and government offices. Professional service does
not include a healthcare clinic.
18.36.030.196. Proposed Site Plan
“Proposed site plan” means a drawing of a site plan submitted for review city staff members.
18.36.030.197. Protection Zone
When used in connection with trees, “Protection zone” means the zone at grade level located
directly below the canopy and within the dripline
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18.36.030.198. Public Benefit, Agricultural
“Public benefit, agricultural” means an economic, social, nutritional, environmental or aesthetic
effect gained by individuals and/or the community from the existence of agricultural activity in
the community.
18.36.030.199. Public Safety Communications Tower
“Public safety communications tower” means a wireless communications support structure
owned and operated by a public agency and used exclusively for police, fire, emergency medical
services, 9-1-1 or other public emergency communications.
18.36.030.200. Raingarden/Swale
“Raingarden/Swale” means a ground level sited design feature designed to detain rainwater for
infiltration and reuse consistent with water rights laws.
18.36.030.201. Rainwater Harvesting Barrels
“Rainwater Harvesting Barrels” means a barrel designed for the on-site harvest and storage of
rainwater used to offset the potable water needs for a building and/or landscape.
18.36.030.202. Recreation Activities, Indoor
“Indoor recreation activities” means gymnasiums not accessory to an education institution,
racket clubs, sports arenas, and similar uses.
18.36.030.203. Recreation Activities, Outdoor
“Outdoor recreation activities” means golf courses, marinas, tennis courts, yacht clubs, athletic
fields, swimming beaches, outdoor pools, and similar uses.
18.36.030.204. Recreational Vehicle
“Recreational vehicle” means a vehicle, such as a motor home, travel trailer, truck/ camper
combination or camper trailer that is designed for human habitation for recreational or
emergency purposes and that may be moved on public highways without any special permit for
long, wide or heavy loads.
18.36.030.205. Recycling Center
“Recycling center” means a neighborhood or city-wide collection point for small refuse items,
such as bottles and newspapers, located either in a container or a small structure.
18.36.030.206. Rehabilitation
“Rehabilitation” is the process of returning a property to a state that makes contemporary use
possible, while still preserving those portions of the property that are significant to its
historical, architectural and cultural values.
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18.36.030.207. Related Equipment
“Related equipment” means all equipment ancillary to the transmission and reception of voice
and data via radio frequencies. Such equipment may include, but is not limited to, cable,
conduit and connectors.
18.36.030.208. Religious Facility
“Religious Facility” means a facility that operates for the advancement of a theological
philosophy and the practices and rituals associated with the beliefs, faith, or creed of a church,
religious society, congregation, or religious denomination, when such practices or rituals are
legal.
18.36.030.209. Research and Development
“Research and development” means businesses that include, but are not limited to 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
18.36.030.210. Restaurant
“Restaurant” means a restaurant or cafe (excluding formula take-out food restaurant) that sells
prepared food or beverages and also offers accommodations for consuming the food or
beverage on premises.
18.36.030.211. Retail sales
“Retail sales” means selling goods or commodities to final consumers. Retail sales do not
include a “restaurant” or “formula take-out food restaurant.”
18.36.030.212. Rezone
“Rezone” means changing the designated zoning of a particular lot or area. (Ord. 92-08 § 2,
1992)
18.36.030.213. Screen
When used in connection with landscaping, “screen” means a system of vegetation to provide
varying degrees of visual separation between land uses and site development.
18.36.030.214. 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.
18.36.030.215. Setback
“Setback” means space that is required to be left open and unoccupied between the nearest
projection of a structure and the property line of the lot on which the structure is located, and
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that are required to remain unobstructed from the ground to the sky except for modifications
to setbacks and height listed in Table 18.12.040.A.
18.36.030.216. Septic Drainfield
“Septic drainfield” means the subsurface systems and areas of land that recycles human
wastewater, allowing soils and microorganisms to clean wastewater before returning to the
hydrologic cycle. Active septic drainfields are those which are being actively used. Reserved
drainfields are those reserved for future use.
18.36.030.217. Shared Car
“Shared Car” means a car provided through a formal shared car membership program for use by
members of the program in return for a fee.
18.36.030.218. Shielding
When used in connection with lighting, “shielding” means that no light rays are emitted by a
fixture above the horizontal plane running through the lowest point of the fixture.
18.36.030.219. SHPO
“SHPO” means the State Historic Preservation Officer appointed pursuant to 16 USC Section
470a(b)(1)(A).
18.36.030.220. Significant Tree
“Significant tree” means: (a) an evergreen tree 10 inches in diameter or greater, measured four
and a half feet above existing grade; or (b) a deciduous tree 12 inches in diameter or greater,
measured four and a half feet above existing grade; or (c) all trees located within a required
critical area buffer as defined in BIMC 16.20, or (d) all trees within the native vegetation zone or
buffer.
18.36.030.221. Site
When used in connection with historic preservation, “site” means a place where a significant
event or pattern of events occurred. It may be a location of prehistoric or historic occupation or
activities that may be marked by physical remains or it may be the symbolic focus of a
significant event or pattern of events, although not actively occupied. A site may be the location
of ruined or now nonexistent building or structure if the location itself possesses historic,
cultural or archaeological significance.
18.36.030.222. Small Engine Repair
“Small engine repair” means an establishment that is involved with the maintenance and repair
of low-power internal combustion engines (gasoline/petrol) or electric engines. This includes,
but is not limited to, chain saws, string trimmers, leaf blowers, snow blowers, lawn mowers,
wood chippers, go-karts and sometimes more powerful engines used in outboard motors,
snowmobiles, and motorcycles.
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18.36.030.223. Small Group Living Facility
“Small Group Living Facility” means a facility providing personal care services, occasional
nursing services, and medication administration services to a resident housed in a private
apartment-like or dwelling-like unit containing not more than six residents (not including
caregivers). Residents in a Small Group Living Facility may include persons from any group
protected by the federal Fair Housing Act Amendments, and the Small Group Living Facility use
is intended to serve as one form of reasonable accommodation under those Amendments. A
Small Group Living Facility does not include a facility for treatment of any person actively using
drugs or alcohol, but does include facilities for those in a recovery program who are no longer
actively using those substances. A Small Group Living Facility does not include a facility or
half-way house for convicted felons or for those persons under the jurisdiction of the criminal
justice system.
18.36.030.224. Small Wind Energy Generator
“Small Wind Energy Generator” means a wind energy generator designed to generate no more
than 10Kw of energy.
18.36.030.225. Solar Panel
A single panel or combination of panels or elements that does or will use direct sunlight as a
source of energy for such purposes as heating or cooling of a structure, heating or pumping of
water, and generating electricity. Solar panels include both photovoltaic and hot water devices.
18.36.030.226. Special Valuation
When used in connection with historic preservation, “Special valuation” means the local option
program provided for in Chapter 84.26 RCW that, when implemented, makes available to
property owners a special tax valuation for rehabilitation of an historic property.
18.36.030.227. Spotlight
“Spotlight” means any lamp that incorporates a reflector or a refractor to concentrate the light
output into a directed beam in a particular direction. (Ord. 2003-22 § 25, 2003; Ord. 2002-15
§ 1, 2002)
18.36.030.228. Stable
A facility for the keeping of horses for persons other than the residents of the lot, although
resident’s horses may also be kept in the same facility.
18.36.030.229. State Register of Historic Places
“State Register of Historic Places” or “State Register” means the state listing of properties
significant to the community, state or nation but that do not meet the criteria of the national
register.
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18.36.030.230. State Review Board
When used in connection with historic preservation, “State Review Board” means the advisory
council on historic preservation established pursuant to Chapter 27.34 RCW, or any successor
agency designated by the state to act as the State Historic Preservation Review Board under
federal law.
18.36.030.231. Story
When used in connection with building or structure dimensional standards, “story” shall be
defined as it s in the International Building Code.
18.36.030.232. Street
“Street” means a public way of travel that affords the principal means of access to abutting
properties or a private way of travel that affords the principal means of access to four or more
lots or to property that is, under existing laws, capable of division into four or more lots. (Ord.
92-08 § 2, 1992)
18.36.030.233. Structure
“Structure” means any man-made assemblage of materials extending above or below the
surface of the earth and affixed or attached thereto. “Structure” for the purposes of this title,
except for BIMC 18.09.030.F.1, does not include wireless communications facilities. (Ord. 97-
14 § 2, 1997; Ord. 92-08 § 2, 1992)
18.36.030.234. Structured Parking
“Structured parking” means a covered structure or portion of a covered structure that provides
parking area for motor vehicles. Structured parking may be below grade.
18.36.030.235. Subordinate Retail Activity
“Subordinate retail activity” with respect to agricultural use means secondary, to be less than, to
utilize a smaller portion of land and/or less time than is devoted to the agricultural activity on-
site.
18.36.030.236. Tavern
“Tavern” means an establishment that sells beer or wine for on-premises consumption under a
B class license as defined by the Washington State Liquor Control Board.
18.36.030.237. Temporary Construction Building
“Temporary Construction Building” means a temporary trailer or structure used as a
construction shed or tool house for contractors and construction workers on the site of the
construction. This includes construction living quarters, which is a manufactured home or
recreational vehicle for use by an owner or builder during construction of a dwelling unit on the
site of construction.
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18.36.030.238. Temporary Container Storage
“Temporary Container Storage” means transportable units designed and used primarily for
temporary storage of building materials, household goods, personal items and other materials
for use on a limited basis on residential property.
18.36.030.239. Temporary Contractor Parking Lot
“Temporary Contractor Parking Lot” means a lot established to accommodate parking of
vehicles for construction-related workers or for business employees displaced by on-site
construction activities.
18.36.030.240. Temporary Public Event or Gathering
“Temporary Public Event or Gathering” means a public event gathering that is temporary
because of its nature (e.g., related to a holiday, or dependent on good weather.) These uses
include, but are not limited to, fairs, festivals, carnivals, or parades. This use does not include
an “agricultural special event” as defined elsewhere in this chapter.
18.36.030.241. Temporary Seasonal Sales
“Temporary Seasonal Sales” means a use that is temporary because of the nature of the product
or service (e.g., related to a holiday, or dependent on good weather.) Seasonal sales include,
for example, the sale of Christmas trees during the winter holiday season and spring and
summertime sale of plant and garden supplies/materials.
18.36.030.242. Transport and Delivery Services
“Transport and Delivery Services” means a use for the transport and delivery of goods, people,
and services. These uses include, but are not limited to taxi services, Meals-on-Wheels-type
food delivery services, cleaning services, visiting health care services, and similar uses that
involve frequent trips by motor vehicles to provide services. This use does not include uses
where the delivery is secondary and incidental to a primary service delivered on-site, such as
restaurant delivery services.
18.36.030.243. Tree Canopy
“Tree canopy” means the total area of the tree or trees where the leaves and outermost
branches extend, also known as the “dripline”.
18.36.030.244. Tree Stand
“Tree stand” means at least five or more existing trees forming a continuous canopy, each
having a six-inch diameter or greater, measured four and a half feet above existing grade.
Trees may be evergreen or deciduous varieties. (Ord. 96-09 § 2, 1996)
18.36.030.245. Universal Transverse Mercator
“Universal transverse mercator” or “UTM” means the grid zone in metric measurement providing
for an exact point of numerical reference. (Ord. 2003-37 § 1, 2004)
18.36 Definitions
18.36.030 Definitions
City of Bainbridge Island 217
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18.36.030.246. Use
“Use” means the purpose land, buildings, or structures now serve or for which such is occupied,
arranged, designed, or intended. (Ord. 92-08 § 2, 1992)
18.36.030.247. Utility
“Utility” means all lines, buildings, easements, passageways, or structures used or intended to
be used by any public or private utility related to the provision, distribution, collection,
transmission, or disposal of power, oil, gas, water, sanitary sewage, communication signals, or
other similar services on a local level and other in-line facilities needed for the operation of
such facilities, such as gas regulation stations, power or communication sub-stations, dams,
reservoirs, and related power houses. Additionally, a utility facility means any energy device
and/or system that generates energy from renewable energy resources including solar, hydro,
wind, biofuels, wood, geothermal, or similar sources. Services may be publicly or privately
provided. In the Mixed Use Town Center and High School Road Commercial Zones, utility or
utilities does not include wireless communications facilities.
A. “Utility, Primary” means facilities that produce, transmit, carry, store, distribute,
or process electric power, gas, water, sewage, or information and do not meet
the definition of an Accessory Utility. Primary Utilities include solid waste
handling and disposal facilities, wastewater treatment facilities, utility lines,
electrical power generating or transfer facilities, radio cellular telephone and
microwave towers, and gas distribution and storage facilities.
B. “Utility, Accessory” means small scale distribution systems directly serving a
permitted (“P”) or conditional (“C)” use. Accessory Utilities include power,
telephone, cable, water, sewer, septic, and stormwater lines, and do not include
wind generators (turbines) or solar panels.
18.36.030.248. Value added products
“Valued added products” means goods produced from harvested crops with the defining or
distinguishing ingredient being grown by the producer.
18.36.030.249. Variance
“Variance” provides the means for obtaining relief from the zoning regulations, through the
procedures, and subject to the criteria, listed in BIMC Title 2.
18.36.030.250. Veterinarian clinic
“Veterinarian clinic” means a building or buildings used for animal or pet health care, including
animal or pet boarding as part of that animal pet health care. A veterinary clinic may include
the incidental boarding of animals or pets undergoing treatment.
18.36 Definitions
18.36.030 Definitions
City of Bainbridge Island 218
City Council Public Hearing Draft, Title 18, Zoning November 2011
18.36.030.251. Vocational school
“Vocational school” means an establishment offering training in a skill or trade.
18.36.030.252. Yard
“Yard” means the same as “setback” unless from the context a different meaning is intended.
(Ord. 2004-02 § 6, 2004: Ord. 92-08 § 2, 1992)
18.36.030.253. Warehouse
“Warehouse” means an establishment involved in the storage or movement of goods for
themselves or other firms. Goods are generally delivered to other firms or the final consumer,
except for some will-call pick-ups. There is little on-site sales activity with the customer
present. Accessory uses may include offices, truck fleet parking, and maintenance areas.
18.36.030.254. Waste Transfer Facility
“Waste Transfer facility” means establishments that receive solid or liquid wastes from others
for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or
uses that manufacture or produce goods or energy from the composting of organic material or
processing of scrap or waste material. This does not include the waste or salvage of hazardous
materials. Accessory uses may include recycling of materials, offices, and repackaging and
shipment of by-products.
18.36.030.255. Wireless Communication Facility
“Wireless communication facility” means an unstaffed facility for the transmission and reception
of low-power radio signals consisting of an equipment shelter or cabinet, a support structure,
antennas (e.g., omni-directional, panel/directional or parabolic) and related equipment.
A. “Facility I” means an attached wireless communications facility that consists of
antennas equal to or less than four feet in height with an area of not more than
580 square inches in the aggregate (e.g., 14-inch diameter parabola or 2.6-foot
by 1.5-foot panel).
B. “Facility II” means an attached wireless communication facility that consists of
antenna equal to or less than 10 feet in height or up to one meter (39.37 inches)
in diameter and with an area not more than 30 sq. ft. in the aggregate.
C. “Facility III” means an attached wireless communication facility that consists of
antennas equal to or less than 15 feet in height or up to one meter (39.37
inches) in diameter and with an area not more than 100 sq. ft. in the aggregate.
18.36 Definitions
18.36.030 Definitions
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18.36.030.256. Wetlands Mitigation Bank
“Wetlands mitigation bank” means a natural resource management technique authorized by Part
404 of the federal Clean Water Act, or other state or federal law, as applicable, using wetland
preservation, restoration, creation and/or enhancement to offset or replace wetland functions
that are lost due to development. Wetland mitigation banks are typically large areas of wetlands
operated by private or public entities, which may sell credits to other entities to compensate for
wetland loss or impact at development sites or enter into other similar arrangements.
18.36.030.257. Winery, Commercial
“Winery, commercial” means is a form of agricultural processing that includes an establishment
with facilities for making and bottling wine for sale on site and/or through wholesale or retail
outlets. Uses at a commercial winery may also include the growing of fresh fruits or agricultural
products for the production of wine. Accessory uses shall include wine tasting rooms at which
wine tasting occurs, accessory food sales related to wine tasting occurs, and wines produced
onsite are sold.
18.36.030.258. Wireless Communication Support Structure
“Wireless communication support structure” means the structure erected to support wireless
communication antennas and connecting appurtenances. Support structure types include, but
are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers.
18.36.030.259. Year-round Agricultural Retail Sales
“Year-round agricultural retail sales” means any agricultural retail sales extending beyond
seasonal agricultural sales.
18.36.030.260. Zone
“Zone” means one of the classifications of permitted uses into which the land area of the city is
divided. (Ord. 92-08 § 2, 1992)
18.36.030.261. Zoning Map
“Zoning map” means the official map that identifies and delineates boundaries of the city’s
zoning classifications. (Ord. 92-08 § 2, 1992)