Ordinance No. 2022-25 Adopting a Moratorium on New Inns in Neighborhood Centers (Adopted 121322)Page 1 of 4
ORDINANCE NO. 2022-25
AN ORDINANCE of the City of Bainbridge Island, Washington, adopted
pursuant to RCW 35A.63.220 and RCW 36.70A.390; imposing a
moratorium on the acceptance and processing of certain applications for
inns in the Neighborhood Center zoning district; setting forth findings of
fact in support of this moratorium; declaring an emergency and establishing
an immediate effective date; imposing the moratorium; stating the effect on
vested rights; providing for exclusions; setting the duration; recognizing
that a public hearing will be held within 60 days; providing for a work plan;
providing for the moratorium to control if there are conflicts with City code;
authorizing interpretative authority; and providing for severability.
WHEREAS, within the express terms of the Growth Management Act, the
Washington State Legislature has specifically conferred upon the governing bodies of
Washington cities the right to establish and adopt moratoria related to land uses; and
WHEREAS, the City Council of the City of Bainbridge Island (“City”) updated
the City’s Comprehensive Plan in February of 2017; and
WHEREAS, Policy 9.8 of the Land Use Element of the City’s Comprehensive
Plan states that Neighborhood Centers achieve a mix of neighborhood-scale businesses,
public uses, and housing which are compatible with the scale and intensity of the
surrounding residential neighborhood, and which minimizes the impact of noise, odor,
lighting, fire safety, and transportation on the neighborhood; and
WHEREAS, in accordance with the City of Bainbridge Island Municipal Code
(“BIMC”), “inns” are defined in BIMC 18.36.030, in relevant part, as “a building or
group of buildings containing up to 15 guest rooms, where, for compensation, lodging is
provided for transient visitors. … An inn is not a hotel, motel or bed and breakfast
lodging as defined and regulated elsewhere in this title;” and
WHEREAS, the City Council is concerned about the manner in which the City is
interpreting and implementing some of the City’s regulations regarding inns, particularly
in situations in which a common owner and/or operator may own or operate more than
one inn on abutting properties, or properties that are in near proximity, and thereby create
a situation in which although each inn may contain 15 or fewer guest rooms on a
particular lot or parcel, a “group of buildings” is created on those lots or parcels in near
proximity that exceeds the limit of 15 guest rooms, and such a use functionally creates a
combination of lots or parcels that could operate as a hotel rather than as individual inns,
and the impacts from the combined use exceed what is intended by the City’s regulations;
and
WHEREAS, the City Council has significant concerns specifically regarding
such a use of property in the Neighborhood Center zoning district because hotels are not
a permitted use in Neighborhood Centers; and
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WHEREAS, based on these and related concerns, the City Council requires
additional time to review the regulations and policies at issue to ensure that the vision and
goals of the City’s regulations and Comprehensive Plan are being met to the Council’s
satisfaction; and
WHEREAS, the City Council intends to study this issue with input from the
community concerning the most appropriate ways to regulate permit applications for inns
in Neighborhood Centers; and
WHEREAS, an emergency exists necessitating adoption of a moratorium
concerning the acceptance and processing of new applications for inns that have not
received site plan review and approval within Neighborhood Centers; and
WHEREAS, the City possesses land use jurisdiction and regulatory authority
over the City’s incorporated lands; and
WHEREAS, a moratorium enacted under RCW 35A.63.220 and RCW
36.70A.390 will provide the City Council with additional time to review the City’s land
use regulations and Comprehensive Plan related to this issue and, if necessary, adopt
amendments accordingly; and
WHEREAS, the moratorium imposed herein promotes the public good and is
necessary for the protection of public health, property, safety, and welfare. A public
emergency exists requiring that the City’s moratorium become effective immediately
upon adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The recitals set forth above are hereby adopted as
the City Council’s initial findings of fact in support of the moratorium established by this
ordinance. The City Council may, in its discretion, adopt additional findings after the
public hearing referenced in Section 7 below.
Section 2. Declaration of Emergency; Effective Date. The City Council hereby
declares that a moratorium is imposed through this ordinance as an emergency measure.
This ordinance, as a public emergency ordinance necessary for the protection of the
public health, public safety, public property, and public peace, shall take effect and be in
full force immediately upon its adoption. Pursuant to Matson v. Clark County Board of
Commissioners, 79 Wn. App. 641 (1995), non-exhaustive underlying facts necessary to
support this emergency declaration are included in the “Whereas” clauses above, all of
which are adopted by reference as findings of fact as if fully set forth herein. In addition,
as relates to further explanation, this moratorium is being imposed to temporarily prevent
the acceptance and processing of development permits related to inns in the
Neighborhood Center zoning district that present the potential to allow development that
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could operate cumulatively to result in high-intensity commercial lodging that is
incompatible with the intent of the City’s zoning regulations and of the goals and policies
of the City’s Comprehensive Plan. This ordinance or a summary thereof consisting of the
title shall be published in the official newspaper of the City.
Section 3. Moratorium Imposed. As authorized by the police powers of the City
as set forth, for example, in Article XI, Section 11, of the Washington State Constitution,
and pursuant to statutory authority set forth, for example, in RCW 36.70A.390 and RCW
35A.63.220, and unless expressly excluded under Section 4 and Section 5 of this
ordinance, the City hereby imposes a temporary moratorium, as described in this Section
3, for those properties requesting the following (“Permit Applications”):
All building permit applications or land use applications related to inns located, or
proposed to be located, in the Neighborhood Center zoning district. The
applications at issue include, but are not limited to, initial site plan review
applications and pre-application consultations.
Section 4. Effect on Vested Rights. The moratorium imposed under Section 3 of
this ordinance shall apply prospectively only and shall operate to prevent acceptance of
Permit Applications submitted after the effective date of this ordinance. Nothing in this
ordinance shall be construed to extinguish, limit, or otherwise infringe on any permit
applicant’s vested development rights as defined by state law and City of Bainbridge
Island regulations, provided that such a permit applicant has filed a complete and
applicable Permit Application before the effective date of this ordinance.
Section 5. Exclusions. The moratorium imposed under Section 3 of this
ordinance shall not apply to permits related to inns that have received site plan review
approval prior to the effective date of this ordinance. Additionally, the moratorium shall
not apply to permits required for upkeep, repair, or maintenance of inns in existence as of
the effective date of this ordinance, or to work mandated by the City to maintain public
health or safety.
Section 6. Duration of Moratorium. Because a work plan is included in this
moratorium ordinance in Section 8 below, this moratorium shall be in effect for one year
based on the effective date of this ordinance (see Section 2 above), unless the moratorium
is otherwise extended or terminated by the City Council pursuant to RCW 35A.63.220
and RCW 36.70A.390.
Section 7. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390,
the City Council shall hold a public hearing at a City Council meeting within 60 days of
adoption of this ordinance in order to take public testimony and to consider adopting
further findings of fact.
Section 8. Work Plan. During the moratorium period, City staff will complete
the following work plan: (1) Study the issues concerning the regulation of inns in the
Neighborhood Center zoning district; (2) prepare a draft ordinance with appropriate
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revisions to the City’s zoning and land use regulations and, if necessary, the City’s
Comprehensive Plan; (3) perform SEPA review of the draft ordinance; and (4) conduct a
public review process for such revisions, which will include public hearings before the
City’s Planning Commission and City Council, as applicable.
Section 9. Conflict with Other Provisions of City Code. If the provisions of this
moratorium are found to be inconsistent or in conflict with other provisions of the
Bainbridge Island Municipal Code, the provisions of this moratorium ordinance shall
control.
Section 10. Interpretive Authority. The City of Bainbridge Island Director of
Planning and Community Development, or designee, is hereby authorized to issue
official interpretations arising under or otherwise necessitated by this ordinance.
Section 11. Severability. Should any section, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be preempted by state or federal law or regulation, such decision or preemption
shall not affect the validity of the remaining portions of this ordinance or its application
to other persons or circumstances.
PASSED by the City Council this 13th day of December, 2022.
APPROVED by the Mayor this 13th day of December, 2022.
/s/
Joe Deets, Mayor
ATTEST/AUTHENTICATE:
/s/
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: December 9, 2022
PASSED BY THE CITY COUNCIL: December 13, 2022
PUBLISHED: December 23, 2022
EFFECTIVE DATE: December 13, 2022
ORDINANCE NUMBER: 2022-25