ORD 2000-12 WATER-DEPENDENT INDUSTRIAL ZONEORDINANCE NO. 2000 - 12
AN ORDINANCE OF TIlE CITY OF BAINBRIDGE ISLAND, WASHINGTON, relating to
the Water-Dependent Industrial Zone, amending Chapter 18.75 of the Bainbridge Island
Municipal Code.
WHEREAS, the City adopted a Comprehensive Plan on September 1, 1994, establishing
goals and policies for the Water-Dependent Industrial Zone;
WHEREAS, the City adopted the Shoreline Management Master Program on November
26, 1996, establishing goals, policies and regulations for the shorelines of Bainbridge Island; and
WHEREAS, the Comprehensive Plan goals and policies provide for continuation of
water-dependent uses on Bainbfidge Island in order to preserve elements of a working waterfront
within the urban shoreline area and water-dependent uses require direct contact with the water
and cannot exist at a non-water location due to the intrinsic nature of the operation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DO ORDAIN, as follows:
Section 1. Chapter 18.75 of the Bainbridge Island Municipal Code is amended as follows:
18.75.010 Purpose.
The purpose of the water-dependent industrial zone is to preserve elements of a working
waterfront by providing ~ urban shoreline areas for the development of commercial and
industrial facilities, protect the uses of adjoining zones, and protect intended primarily for
commercial, public and recreational uses that require direct contact with the water and cannot
exist at a non-water location due to the intrinsic nature of the operation. Small boat facilities,
water-related uses servin~ marine needs and marine recreational uses are allowed. Development
in this zone that is also located within the 200-foot regulated shoreline area must also meet the
applicable standards and regulations of the Bainbrid~e 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 Dublie access to
the water through adiacent waterfront trails and other means that provide both physical and visual
access to the water.
18.75.020 Permitted uses.
Permitted uses in the industrial zone are:
A. Commercial uses, including xvholesale and retail not requiring outdoor storage, except
formula take out food restaurants; provided the uses are within 1000 feet of the ferry
terminal;
B. Commercial parldng lots in accordance with Chapter 18.81, parldng and access
requirements;
C. Indoor entertainment and amusement facilities;
D. Educational, cultural, governmental, religious or health care facilities;
E. Agriculture, including agricultural processing;
F. Acces,3ory buildings and uses;
A. G,. Permitted uses in water-dependent industrial zones that are subject to the Shorelines
Management Act and shall include water-related marine oriented commercial uses including as
follows:
1. Water-dependent industrial zoned property located on both north and south of Eagle Harbor:
a_.~ Pleasure and commercial vessel moorage;:
b._-2~. Small- boat ht4aul out facilities~i
3. Marine xvays,
'1. Ferry terminal, slips and repair facilities,
5. Barge moorage and off load slips,
c_:.6,. Marine rental and sales and repair facilitiesl
d. Boat repair facilities;
e. Water-related supply and retail sales: and
f. Dry storage for boats and marine ecluipment.
2. Water-dependent industrial zoned property located north of EaKle Harbor:
a_.;z. Boat building and dry storage. for boats and marine equipment, i
b_.~ Bulk head and dock construction._~ and
c. Ferry terminal, slips and repair facilities.
9. Outdoor storage for the above uses.
B. Public parks and private oarks with public access:
C. Accessory uses:
1. On-site treatment and storage facilities for hazardous wastes associated with an outright
permitted use, subject to the state sitin~ criteria, Chapter 70.105 RCW: and
2. Outdoor storaKe associated with an outright permitted use and not exceedin~ 1,000 sc~uare
feet in area.
18.75.030 Conditional uses.
A.=. Conditional uses for Water-dependent Industrial zoned properly located south of Eagle
Harbor are:
1. Boat building:
2. Barge moora~e and off-load slips: and
3. Bulk head and dock construction:
A. All manufacturing uses;
B. Conditional uses for all Water-dependent Industrial zoned property are: 1. Marine ways:
2. Cross-harbor passen~er-onlv ferry terminal and associated parking;
3--.8,. Outdoor storage ~reater than 1,000 square feet in area and associated with an outright
permitted use;
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4_.A:. C~. Public and private utility buildings and structures;
D. Any use deemed likely to cause a nui~anc, e if not othe~vise controlled;
E. Formula take out food restaurants are not permitted;
F. Off nite treawnont and storage of hazardous substances;
5. Water-oriented educational, cultural, governmental or religious facilities, except that
conference centers with overnight accommodations are not oermitted;
6_:. C-:. G. Park and fide lots; and
7_:.H. Public parks and playgrounds;
8_:_. t~. t~. Shared-use park and fide lots.
18.75.040 Development standards.
A___:_. Minimum lot area.
The minimum lot area shall be 20,000 square feet.
B. 18.75.050 Maximum lot coverage.
The maximum lot coverage by buildings shall not exceed 50 percent.
C. 18.75.060 Yards.
I__. A~. When properties are adjacent to commercial~ ef light manufacturing zones; or water-
dependent industrial, a 1 O-foot baf-f~ yard shall be required along property lines.
2_=. t~. For properties which are adjacent to a residential zone, a minimum of a 40-foot baffor-yard
shall be provided. This yard setback ~hall apply to parking structures and surface parldng lots as
well as structures.
D__=. I 8.75.070 Height limitations.
1. For development located within the 200-foot shoreline area, the building and structure
heights shall not exceed the height limitations as snecified in the City of Bainbridge Island
Shoreline Master Program desim'~ated shoreline environments.
2_:_. A=. The building height is 35 feet, except that buildings up to 45 feet may be allowed under
a conditional use permit if, in addition to the requirements of Chapter 18.108, it is
demonstrated that (-4-) (a) view opportunities are not substantially reduced; (2) (b) fire flow is
adequate; (-3-) (c) no unstable slopes or soils are on the building site; (4-) (d) solar access of
neighboring lots is not reduced; and (-5-) eLe..l one foot of setbacks in addition to minimum yard
requirements is provided for each additional foot of building height allowed.
3.___~. Structure height is 35 feet, except that taller structures up to 50 feet may be allowed
with the issuance of a conditional use permit; provided that (4-) (a) view opportunities are not
substantially reduced; (-2-) (b) structures shall not be permitted in required yards exc. ept as
otherwise authorized by this code; (4-) (c) each yard requirement shall be increased one-half
foot for every foot above the maximum structure height; (-4-) (d) noncommercial, nonparabolic
antennae affixed to noncommercial communication towers that are 50 feet or less in height
above grade shall not require conditional use permits; (--5-) (e) one flagpole 45 feet or less in
height may be placed on a parcel without requiring a conditional use permit; (-6-) LO utility
poles 50 feet or less in height shall not require conditional use permits; and (-7-) Lgl utility
structures existing on the effective date of the ordinance codified in this subsection that are
taller than 50 feet shall not be considered nonconforming structur6s and may be replaced
without a conditional use permit; 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.
E. 18.75.080 Minimum lot dimensions.
Lots shall have a no minimum width or depth.
18.75.050 ~0 Performance standards. Regulations for use.
A. No on street parldng is permitted.
B. Areas devoted to parldng and outside storage shall be subject to the provisions of
parking standards. Required yards are not considered part of requirod landscaping for
parldng or outside storage.
C. Lighting shall not interfere with adjacent properties.
D. Signs shall be limited to one freestanding ground sign using a hidden light murce or
one facade sign.
E. If sharing access drives ~vith an existing facility is possible, no new curb cuts shall be
allo~ved onto public roadways.
All uses allowed in the Water-dependent Industrial Zone shall conform to the performance
standards of this section. Use, activiW, or operation shall not violate existin~ state and federal
environmental standards. It shall be the responsibility of the property 6wner, 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 ffs relievin~ the operator and/or proprietor from compliance with the environmental
performance standards of this code.
A. Pollution prevention and water cluality protection shall be required of all development and
operations of facilities that are located within 200 feet of the shoreline by emplovin~ best
management practices and best available facilities practices and procedures for marine facilities
provided by the Washington State Department of Ecology
B. Noise. No use in this zone shall exceed the maximum environmental noise level, established
by Chapter 173-60 WAC, as adopted in Chapter 16.16 BIMC.
C. Glare and Heat. Any operation producing intense glare or heat shall be conducted
within an enclosed building or with other effective screenin~ in such a manner aS to make
such glare or heat completely imperceptible from any point alon~ the property line.
D. Ground Vibrations. No ~round vibration other than that caused by highway vehicles or
construction activity shall be permitted which is discernible, without instruments, at or
beyond the property line.
E. Waste Storage and Disposal, Includin~ Hazardous Waste. The storage or disposal of
industrial waste shall be in compliance with the regulations and requirements of the
Bremerton-Kitsap Health District, the State Department of Ecolo~, and Chapter 70.105
RCW as amended, and this code.
F. Air Oualitv Emissions. No use in this zone shall produce emissions of smoke, dust
and/or odors beyond the property boundary which may unreasonably interfere with any
other property owner' s use and eni ovment of his/her property. In addition, all sources and
emissions units are required to meet the emission and the ambient air ouality standards
specified in Chapter 173-400 WAC, and administered by the Pu~et Sound Clean Air Agency, and
shall apply to all air contaminants listed therein.
G. Light. Exterior lighting, except for warning or emergency lighting, shall be hooded or
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shielded so direct illumination shall be confined to the DroDertV boundaries of the light
source. No more than a maximum of one-half foot candle of illumination shall be permitted to fall
upon any residential zoned DroOertV.
H. Ground and Soil Contamination. Materials used or produced in any process shall be handled in
such a manner as to prevent ~round or soil ~ollution which destroys or endangers the support of
natural vegetation or which may contaminate underground aquifers, or other natural drainage
systems.
I. Electrical Interference. Provisions must be made for necessary shielding or other
preventive measures a~ainst interference caused by mechanical, electrical, or nuclear
equipment uses or processes with electrical apparatus in nearby buildings or use areas.
J. Fire and Explosive Hazards. The use, vrocessin~ or storage of ~ammable
liquids or materials, liquids or ~ases that produce flammable or explosive vapors or ~ases
shall be permitted in accordance with the rel~ulations of the adopted Uniform Fire Code
and the Uniform BuildinK Code. A hazardous materials imnact analysis, conforming to the
requirements of the Bainbridge Island fire district, shall be required to determine potential off-site
ironacts and r-niti~ation orecautions.
Section 2. This ordinance shall take effect on and be in force five days from and after its
passage, approval, and publication as required by law.
'PASSED by the City Council this --224'd day of August
APPROVED by the Mayor this 12th day of Soptombor
on,
APPROVED AS TO FORM:
,2000.
,2000.
Rod P. Kaseguma, City Attorney
FILED WITH THE City Clerk:
PASSED BY THE CITY COUNCIL:
EFFECTIVE DATE:
ORDINANCE NUMBER:
June 28, 2000
August 23, 2000
September 7, 2000
2000-12
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