Ordinance No. 2023-25 Repealing Moratorium on Inns in Neighborhood Centers and Adopting New Regulations (Approved 111423)Page 1 of 3
ORDINANCE NO. 2023-25
AN ORDINANCE of the City of Bainbridge Island, Washington, repealing
Ordinance No. 2022-25 that placed a moratorium on new inns in
Neighborhood Center zones, and amending BIMC Table 18.09.020 and
Section 18.09.030 to add new Use Specific Standards for inns in
Neighborhood Center zones.
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, 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 possesses land use jurisdiction and regulatory authority
over the City’s incorporated lands; and
WHEREAS, the City Council enacted a one-year moratorium under RCW
35A.63.220 and RCW 36.70A.390 by approving Ordinance No. 2022-25 on December
13, 2022 providing 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
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WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City
Council held a public hearing on January 24, 2023, within 60 days of adoption of
Ordinance No. 2022-25; and
WHEREAS, the City Council discussed options for updating regulations for inns
in Neighborhood Center areas at the May 9, 2023 City Council meeting, and after
consideration of the potential land use issues that could be created by allowing an
unlimited number of inns in Neighborhood Center areas, the City proposes to update the
regulations to limit the total number of inns in each neighborhood centers; and
WHEREAS, the Planning Commission considered draft Ordinance No. 2023-25
on August 24, 2023, and
WHEREAS, the Planning Commission held a public hearing on Ordinance No.
2023-25 on September 28, 2023, and after closing the public hearing, amended this
ordinance to change “inns” from a “permitted” to a “conditional” use in Neighborhood
Center areas, and reduce from “2” to “1” the number of future inns in the Rolling Bay
and Island Center areas; and
WHEREAS, the Planning Commission made a recommendation of approval of
amended Ordinance No. 2023-25 to the City Council; and
WHEREAS, notice was given on September 14, 2023, to the Office of
Community Development at the Washington State Department of Commerce in
conformance with RCW 36.70A.106; and
WHEREAS, on October 24, 2023 the City Council discussed the Planning
Commission recommendation on Ordinance No. 2023-25; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Moratorium Repealed. 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, the City hereby repeals the temporary moratorium on
new inns in Neighborhood Center areas that was approved by Ordinance No. 2022-25.
Section 2. Table 18.09.020 of the Bainbridge Island Municipal Code is hereby
amended as shown in Exhibit A.
Section 3. Section 18.09.030.D. of the Bainbridge Island Municipal Code is
hereby amended to read as follows:
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D.Commercial Sales and Service.
1. Inns. Inns in Neighborhood Center zones must meet the following standards:
Repealed by Ord. 2021-03.
a.The Rolling Bay and Island Center Neighborhood Center zones are limited
to no more than 1 inn each. The Lynwood Center Neighborhood Center
zone is limited to no more than 3 inns.
b. New inns may not be located contiguous or adjacent to properties with
existing inns.
c.New inns within a Neighborhood Center zone shall be separately owned and
operated.
Section 4. 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.
Section 5. This ordinance shall take effect and be in force five (5) days from
its passage and publication as required by law.
PASSED by the City Council this 14th day of November, 2023.
APPROVED by the Mayor this 14th day of November, 2023.
Brenda Fantroy-Johnson, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: September 8, 2023
PASSED BY THE CITY COUNCIL: November 14, 2023
PUBLISHED: November 24, 2023
EFFECTIVE DATE: November 29, 2023
ORDINANCE NUMBER: 2023-25
Exhibit A to Ordinance No. 2023-25
EXCERPT Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use Additional use restrictions for Chapters 16.12 and 16.20 BIMC may
apply to shoreline or critical area properties
“C” = Conditional Use “CA” = Conditional Accessory Use
Blank = Prohibited Use “T” = Temporary Use
ZONING DISTRICT
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 NC B/I WD-I
Use-Specific
Standards
BIMC
18.09.030 USE CATEGORY/TYPE CC MA EA Gate Ferry
[1]
COMMERCIAL SALES AND SERVICE
Note: Commercial Sales and Service uses may be subject to additional requirements in BIMC 16.12.040.D, Commercial Development.
Accommodation
Bed and Breakfast (3+ bedrooms) C C C C C C C C C C P P P P P P P
Inn P P P P P P P C D.1
Hotel P