ORD 2004-02 REPLACING TERM YARD WITH SETBACKORDINANCE NO. 2004-02
(Formerly Ordinance 2003-51)
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
RELATING TO REPLACING THE TERM "YARD" WITH "SETBACK" GLOBALLY
WITHIN TITLE 18 OF THE CITY CODE; AMENDING SECTIONS AND
SUBSECTIONS 18.06.780, 18.06.880, 18.06.930, 18.06.935, 18.06.940, 18.06.945, 18.40.030,
18.12.060, 18.12.070B, 18.15.060, 18.15.070B, 18.18.060, 18.18.070B, 18.20.060, 18.20.070B,
18.20.080A.2, 18.21.060, 18.21.070B, 18.21.080B, 18.24.060, 18.24.070B, 18.24.080B,
18.27.060, 18.27.070B, 18.27.080B, 18.30.060, 18.30.070B, 18.30.085B, 18.33.060,
18.33.070B, 18.33.085B, 18.36.060, 18.36.070B, 18.36.085B, 18.40.030, 18.40.035, 18.41.030,
18.41.040, 18.41.080, 18.66.OSOC and E, 18.72.OSOC, D, E, and G, 18.75.040, 18.78.010,
18.78.020, 18.78.030, 18.78.040, 18.78.070E, 18.81.100, 18.81.120, 18.89.030G, 18.93.020C,
18.93.040J, 18.96.040A.3, 18.105.050B.2.b, 18.111.010, 18.120.090B, and 18.125.050A OF
THE BAINBRIDGE ISLAND MUNICIPAL CODE; AND ADDING A NEW SECTION
18.06.884 TO THE BAINBRiDGE ISLAND MUNICIPAL CODE.
WHEREAS, the City Council is authorized to modify the City code in accordance with
Washington State laws; and
WHEREAS, the City Council desires to remove redundancies from the current code; and
WHEREAS, Resolution 2002-38 sets a goal to revise the City code to make the codes
more internally consistent and clear; and
WHEREAS, the terms "yard" and "setback" are often used interchangeably and causes
the code to be unclear;
WHEREAS, notice was given October 28, 2003, to the Office of Community
Development in conformance with RCW 36.70A.106; and
City Council, ls` Reading, January 28, 2004 Page 1 of 9
WHEREAS, the Planning Commission conducted a public hearing on December 18,
2003, continued to January 8, 2004; and
WHEREAS, the Planning Commission recommended approval; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Except as otherwise provided in this ordinance, the term "setback" shall
replace "yard" and the term "setbacks" shall replace "yards" in all instances in Title 18 of the
Bainbridge Island Municipal Code, including but not limited to BIMC 18.12.070B, 18.15.070B,
18.18.070B, 18.20.070B, 18.21.070B, 18.24.070B, 18.27.070B, 18.30.070B, 18.33.070B,
18.36.070B, 18.40.035, 18.41.030, 18.41.040, 18.41.080, (18.41 is Design Guidelines),
18.66.OSOC and E, 18.72.OSOC, D, E, and G, 18.78.010, 18.78.020, 18.78.030, 18.78.040,
18.78.070E, 18.89.030G, 18.93.020C, 18.93.040J, 18.96.040A.3, 18.111.010, 18.120.090B, and
18.125.OSOA.
Section 2. Sections and subsections 18.06.570, 18.06.800, 18.85.OSOC.1,
18.85.090B.7, and 18.99.020C of the Bainbridge Island Municipal Code shall retain the terms
"yard" and/or "setback" as they exist.
Section 3. In sections and subsections 18.40.030, 18.20.080A.2, 18.21.080B,
18.24.080B, 18.27.080B, 18.30.085B, 18.33.085B, and 18.36.085B of the Bainbridge Island
Municipal Code, the phrase "yard setback" or "yard setbacks" the phrase shall be amended as
follows: "Setback" or "Setbacks."
Section 4. Section 18.06.780 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.06.780 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 and providing park and recreation opportunities. 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.
Section 5. Section 18.06.880 of the Bainbridge Island Municipal Code is amended to
read as follows:
City Council, 15` Reading, January 28, 2004 Page 2 of 9
18.06.880 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 access easement of the lot on which the building, structure or use is located.
Up to eighteen inches of eave may extend into the required setback.
Section 6. Section 18.06.930 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.06.930 Yard.
"Yard" means the same as "setback," unless from the context a different meaning
is intended.
Section 7. Section 18.06.935 of the Bainbridge Island Municipal Code is amended
and renumbered to read as follows:
18.06.881 Setback, front.
"Front setback" means a setback extending from a building, structure or use to
the front lot line.
Section 8. Section 18.06.940 of the Bainbridge Island Municipal Code is amended
and renumbered to read as follows:
18.06.882 Setback, rear.
"Rear setback" means a setback extending from a building, structure or use to the
rear lot line.
Section 9. Section 18.06.945 of the Bainbridge Island Municipal Code is amended
and renumbered to read as follows:
18.06.883 Setback, side.
"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.
Section 10. Section 18.12.060 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.12.060 Setbacks.
A. Front setbacks, rear setbacks and side setbacks facing streets shall be not less
than 25 feet measured by the distance from the nearest lot lines, planned rights-
of-way or road easements.
B. Side setbacks shall not be less than 15 feet in total sum with no side setback
less than five feet.
C. Rear setbacks shall be 15 feet.
City Council, ls` Reading, January 28, 2004 Page 3 of 9
D. In case of structures over two stories high, front and rear setback requirements
each shall be increased by four feet for every story over two; each side setback
requirement shall be increased by five feet for every story over two.
Section 11. Section 18.15.060 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.15.060 Setbacks.
A. Front setbacks, rear setbacks and side setbacks facing streets shall be not less
than 25 feet measured by the distance from the nearest lot lines, planned rights-
of-way or road easements.
B. Side setbacks shall not be less than 15 feet in total sum with no side setback
less than five feet.
C. Rear setbacks shall be 15 feet.
D. In case of structures over two stories high, front and rear setback requirements
each shall be increased by four feet for every story over two; each side setback
requirement shall be increased by five feet for every story over two.
Section 12. Section 18.18.060 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.18.060 Setbacks.
A. Front setbacks may be an average distance of the front setbacks along Point
Monroe Drive, but shall be not less than five feet, measured by the distance from
the nearest lot line, plannedright-of--way or road easement.
B. Side setbacks shall not be less than 10 feet in total sum with no side setback
less than five feet.
C. Rear setbacks shall be 15 feet.
Section 13. Section 18.20.060 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.20.060 Setbacks.
A. Front setbacks, rear setbacks and side setbacks facing streets shall be not less
than 25 feet, measured by the distance from the nearest lot lines, planned rights-
of-way, or road easements.
B. Side setbacks shall not be less than 15 feet in total sum with no side setback
less than five feet.
C. Rear setbacks shall be 15 feet.
D. In case of structures over two stories high, front and rear setback requirements
each shall be increased by four feet for every story over two; each side setback
requirement shall be increased by five feet for every story over two.
City Council, 15` Reading, January 28, 2004 Page 4 of 9
Section 14. Section 18.21.060 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.21.060 Setbacks.
A. Front setbacks, rear setbacks and side setbacks facing streets shall be not less
than 25 feet, measured by the distance from the nearest lot lines, planned rights-
of-way, or road easements.
B. Side setbacks shall not be less than 15 feet in total sum with no side setback
less than five feet.
C. Rear setbacks shall be 15 feet.
D. In case of structures over two stories high, front and rear setback requirements
each_shall be increased by four feet for every story over two; each side setback
requirement shall be increased by five feet for every story over two.
E. In the case of detached accessory dwelling units, side yards setbacks shall be
no less than 10 feet for single-story and 15 for two-story
Section 15. Section 18.24.060 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.24.060 Setbacks.
A. Front setbacks, rear setbacks and side setbacks facing streets shall be not less
than 25 feet, measured by the distance from the nearest lot lines, planned rights-
of-way, or road easements.
B. Side setbacks shall not be less than 15 feet in total sum with no side setback
less than five feet.
C. Rear setbacks shall be 15 feet.
D. In case of structures over two stories high, front and rear setback requirements
each_shall be increased by four feet for every story over two; each side setback
requirement shall be increased by five feet for every story over two.
E. In the case of detached accessory dwelling units, side yards setbacks shall be
no less than 10 feet for single-story and 15 for two-story.
Section 16. Section 18.27.060 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.27.060 Setbacks.
A. Front setbacks, rear setbacks, and side setbacks facing streets shall be not less
than 25 feet, measured by the distance from the nearest lot lines, planned rights-
of-way, or road easements.
B. Side setbacks shall not be less than 15 feet in total sum with no side setback
less than five feet.
C. Rear setbacks shall be 15 feet.
D. In case of structures over two stories high, front and rear setback requirements
each shall be increased by four feet for every story over two; each side setback
requirement shall be increased by five feet for every story over two.
City Council, 15` Reading, January 28, 2004 Page 5 of 9
E. Confined feeding areas or structures to house livestock or poultry shall not be
located closer than 200 feet to any pre-existing residence on adjacent properties.
F. In the case of detached accessory dwelling units, side yards setbacks shall be
no less than 10 feet for single-story and 15feet for two-story.
Section 17. Section 18.30.060 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.30.060 Setbacks.
A. Front setbacks, rear setbacks and side setbacks facing streets shall be not less
than 25 feet, measured by the distance from the nearest lot line, planned rights-
of-way or road easements.
B. Side setbacks shall not be less than 15 feet in total sum with no side setback
less than five feet.
C. Rear setbacks shall be at least 15 feet.
D. In case of structures more than two stories high, front and rear setback
requirements each shall be increased by four feet for every story over two; each
side setback requirement shall be increased by five feet for every story over two.
E. Confined feeding areas or structures to house livestock or poultry shall not be
located closer than 200 feet to any pre-existing residence on adjacent properties.
Section 18. Section 18.33.060 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.33.060 Setbacks.
A. Front setbacks, rear setbacks and side setbacks facing streets shall be not less
than 25 feet, measured by the distance from the nearest lot line, planned rights-
of-way or road easements.
B. Side setbacks shall not be less than 25 feet in total sum with no side setback
less than 10 feet.
C. Rear setbacks shall be 15 feet.
D. In case of structures over two stories high, front and rear setback requirements
each shall be increased by four feet for every story over two; each side setback
requirement shall be increased by five feet for every story over two.
E. Confined feeding areas or structures to house livestock or poultry shall not be
located closer than 200 feet to any pre-existing residence on adjacent properties.
Section 19. Section 18.36.060 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.36.060 Setbacks.
A. Front setbacks, rear setbacks and side setbacks facing streets shall be not less
than 25 feet, measured by the distance from the nearest lot line, planned rights-
of-way or road easements.
City Council, 15` Reading, January 28, 2004 Page 6 of 9
B. Side setbacks shall not be less than 30 feet in total sum with no side setback
less than 15 feet.
C. Rear setbacks shall be 25 feet.
D. In case of structures over two stories high, front and rear setback requirements
each shall be increased by four feet for every story over two; each side setback
requirement shall be increased by five feet for every story over two.
E. Confined feeding areas or structures to house livestock or poultry shall not be
located closer than 200 feet to any pre-existing residence on adjacent properties.
Section 20. Section 18.75.040 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.75.040 Development standards.
A. Minimum Lot Area. The minimum lot area shall be 20,000 square feet.
B. Maximum Lot Coverage. The maximum lot coverage shall not exceed 50
percent.
C. Setbacks.
1. When properties are adjacent to commercial, light manufacturing zones, or
water-dependent industrial zones, a 10-foot setback shall be required along
property lines.
2. For properties which are adjacent to a residential zone, a minimum of a 40-
foot setback shall be provided.
D. Height Limitations.
1. For development located within the 200-foot shoreline area, the building and
structure heights shall not exceed the city limitations as specified in the City of
Bainbridge Island Shoreline Master Program designated shoreline environments.
2. 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 BIMC, it is demonstrated that (a) view opportunities are not
substantially reduced; (b) fire flow is adequate; (c) no unstable slopes or soils are
on the building site; (d) solar access of neighboring lots is not reduced; and (e)
each setback requirement shall be increased one foot 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 (a) view
opportunities are not substantially reduced; (b) structures shall not be permitted
in required setbacks except as otherwise authorized by this code; (c) each
setback requirement shall be increased one-half foot for every foot above the
maximum structure height; (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; (e) one flagpole 45 feet or less in
height may be placed on a parcel without requiring a conditional use permit; (f)
utility poles 50 feet or less in height shall not require conditional use permits; and
(g) 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
City Council, 1St Reading, January 28, 2004 Page 7 of 9
structures 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. Minimum Lot Dimensions. Lots shall have no minimum width or depth.
Section 21. Section 18.81.100 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.81.100 Setback requirements.
A. 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.
B. The city may approve reductions of up to 50 percent of the setback
requirements and the limits on contiguous stalls if major trees are saved and
incorporated in the design of circulation and parking.
Section 22. Section 18.81.120 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.81.120 Screening.
When a parking lot or vehicular circulation abuts side or rear setbacks, except
when serving only single-family residences, asight-obscuring fence or vegetation
barrier in accordance with Chapter 18.85 BIMC shall be installed within adjacent
setbacks. Fences shall be at least five but not more than six feet in height, and
may be planted with climbing vegetation. In commercial or mixed use zones, this
requirement may be waived as part of the final decision on the permit, upon
written agreement from adjoining property owners.
Section 23. Subsection 18.105.O50B.2.b of the Bainbridge Island Municipal Code is
amended to read as follows:
b. Calculation of Open space Area. The calculation of open space area shall
include all common public or privately held open space areas, recreational areas,
trails and greenways and areas protected consistent with Chapter 16.20 BIMC.
Road easements and rights-of--way shall not be included in determining open
space area.
City Council, ls` Reading, January 28, 2004 Page 8 of 9
Section 24. This Ordinance shall take effect and be in force on and five days after its
passage, approval and publication as required by law.
PASSED by the City Council this 24 ~' day of M~~ch , 2004.
APPROVED by the Mayor this T.2 ~" day of July , 2004.
ATTEST/AUTHENTICATE:
USAN P. KASPER, City Jerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
DARLENE KORDONOWY,
January 21, 2004
March 24, 2004
March 31, 2004
April 5, 2004
2004-02
City Council, 15` Reading, January 28, 2004 Page 9 of 9