ORD 2004-12 PERMIT REVIEW PROCEDURESCITY OF BAINBRIDGE ISLAND
ORDINANCE NO. 2004-12
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to
permit review procedures and code clarifications, amending BIMC Sections
2.16.095, 2.16.100, 18.06.110, 18.06.650, 18.06.885, 18.09.020, 18.12.040,
18.15.040, 18.18.040, 18.18.060, 18.20.040, 18.21.040, 18.24.040, 18.27.040,
18.30.040, 18.33.040, 18.36.040, 18.37.030, 18.78.010, 18.78.020, 18.78.040,
18.78.060, 18,87.030; and adding sections 2.16.057, 18.06.838, and 18,18.080 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 inconsistencies from the current code,
and desires to clarify existing code provisions and procedures; and
WHEREAS, Resolution 2002-38 sets a goal to revise the city code to make the code
more internally consistent and clear; and
WHEREAS, notice was given on May 13, 2004, to the Office of Community
Development in conformance with RCW 36.70A. 106; and
WHEREAS, the Planning Commission conducted a public hearing on the amendments
proposed for Title 18, Zoning, on May 27, 2004; and
WHEREAS, the Planning Commission recommended approval;
WHEREAS, the City Council conducted a public hearing on the amendments proposed
for both Titles 2, Administration and Personnel, and 18, Zoning, on September 22, 2004; now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DOES ORDAIN, AS FOLLOWS:
Section 1. New Section 2.16.057 is added to the Bainbridge Island Municipal Code as
follows:
2.16.057 Voiding of application due to inactivity.
A land use application, whether determined to be complete or incomplete, for which
approval has not yet been granted, may be canceled for inactivity if an applicant fails to
respond to the department's written request for revisions, corrections, or additional
information 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
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subsequently adheres to an approved schedule with specific target dates for submitting
the full revisions, corrections, or other information needed by the requesting Department.
Section 2. Section 2.16.095 of the Bainbridge Island Municipal Code is amended to read
as follows:
2.16.095
A.
B.
C.
D.
E.
F.
G.
H.
Administrative decision procedures.
Applicability. (no change)
State Environmental Policy Act. (no change)
Participation in the Decision. (no change)
Decision Procedures. (no change)
Department Director Decision. (no change)
Corrections or Clarification. (no change)
Effect of Decision. (no change)
Appeal of the Decision. The decision of the department director to approve or deny a
land use application may be appealed to the hearing examiner in accordance with the
procedures of BIMC 2.16.030; provided, that the decision of the department director
to approve or deny any of the following land use applications may not be appealed to
the heating examiner:
1. Administrative decisions of the Public Works Director; and
2. Sign permit.
Section 3. Section 2.16.100 of the Bainbridge Island Municipal Code is amended to read
as follows:
2.16.100 Hearing examiner decision procedures.
A. Applicability. (no change)
B. Purpose. (no change)
C. State Environmental Policy Act. (no change)
D. Decision Procedures. (no change)
E. Public Hearing. (no change)
F. Participation in the Public Hearing. (no change)
G. Hearing Examiner Action. (no change)
H. Notice of Decision of the Heating Examiner. The hearing examiner shall issue a
written decision in accordance with BIMC 2.16.085.E, within 40 20 working days of the
public hearing, unless a longer period is agreed upon by the heating examiner and the
applicant. If the hearing examiner and the applicant agree on a longer period for issuance
of the written decision, the examiner shall provide notice of the extension to the
applicant, the city, and any person who testified at the hearing or submitted written
testimony for consideration at the heating. The heating examiner shall file the decision
with the city clerk's office and distribute it in accordance with BIME 2.16.085.E.2
I. Continuation of Hearing. (no change)
J. Motion for Reconsideration. (no change)
K. Corrections or Clarification. (no change)
L. Effect of Decision. (no change)
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Section 4. Section 18.06.110 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.06.110 Building.
"Building" means any structure having a roof, designated for shelter of persons, animals,
or property. TT
Section 5. Section 18.06.650 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.06.650 Lot coverage.
"Lot coverage" means that portion of the total lot area covered by buildings, excluding u_~
to 24" of eaves on each side of the building, and other minor building features identified
in BIMC 18.78.020.B..
Section 6. Add Section 18.06.838 to the Bainbridge Island Municipal Cose to read as
follows:
18.06.838 Principal Building.
"Principal Building" means the building which houses a principal use on a lot, and to
which all other buildings on the same lot are accessory.
Section 7. Section 18.06.885 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.06.885 Shoreline str'~cture setback line.
"Shoreline smmmr~ setback line" means the shortest distance measured on a horizontal
plane between the ordinary high water mark and the building line.
Section 8. Section 18.09.020 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.09.020 Zones designated.
The city shall be divided into the following zones:
A. R-14, 14 units per acre (3,100 square feet) zone;
B. R-8, eight units per acre (5,400 square feet) zone;
C. R-6, six units per acre (654-3 7260 square feet) zone;
D. R-5, five units per acre (8,500712 square feet) zone;
E. R-4.3, four-and-three-tenths units per acre (10,000 square feet) zone;
F. R-3.5, three-and-one-half units per acre (12,500 square feet) zone;
G. R-2.9, two-and-nine-tenths units per acre (15,000 square feet) zone;
H. R-2, two units per acre (20,000 square feet) zone;
I. The Fort Ward Historic Overlay District;
J. R-l, one unit per acre (40,000 square feet) zone;
K. R-0.4, one unit per 2.5 acres (100,000 square feet) zone;
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L. Winslow Mixed Use Town Center zone; with five overlay districts: central
Madison Avenue, Ericksen Avenue, gateway and ferry terminal;
M. High School Road I and II zones;
N. NSC, neighborhood service center;
O. LM, light manufacturing zone;
P. WD-I, water-dependent industrial zone.
core,
Section 9. Section 18.12.040 o~ the Bainbridge Island Municipal Code is amended to
read as follows:
18.12.040 Lot area and density
The density shall be one unit per 3,100 square feet of land.
The minimum lot area for single-family residences shall be 10,000 square feet where
served by sanitary sewers.
The minimmm ~q~ lot area for multi-family dwellings shall be 3,100 square feet per
dwelling unit.
An increase in density is permitted pursuant to the requirements of BIMC 18.12.080
Section 10. Section 18.15.040 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.15.040 Lot area and density.
A. The density shall be one unit per 5,400 square feet of land.
B. The minimum lot areatVI ~/~ ..... .llu/~l/mllllJ1Glr'n~;l'' ~,4,, ~'"**~11;""° shall be 5,400 square feet p~:
C. An increase in density is permitted pursuant to the requirements of BIMC 18.12.080
and 18.15.030(~F).
Section 11. Section 18.18.040 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.18.040 Lot area and density
The density shall be one unit per 7,260 square feet of land :ix ',:nit: per acre.
The minimum lot area shall be 7,260 6-,-,-,-,-,-,-,-,-,~4 square feet.
When a short plat, subdivision, large lot subdivision, or planned unit development of
land is proposed pursuant to the requirements of the flexible lot design process, the
provisions of BIMC 18.18.080 apply.
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Section 12. Section 18.18.060 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.18.060 Setbacks.
A F tbak ~-~"~ g 1 gPoi
......................... a on nt
Mo~oe Dhve, ~u~ shall be not less th~ ~ve ~eet, mea~ed by the distance ~om the
nearest lot line, plied ri~ht-oLway~ or road easement.
B. Side setbacks shall not be...
C. Re~ setbacks shall... (no
Section 13. Section 18.18.080 is added to the Bainbridge Island Municipal Code to read
as follows:
The following bulk and dimensional standards shall not apply to those lots which have
been established pursuant to the requirements of the flexible lot design process by short
subdivision, subdivision, large lot subdivision, or as planned unit development:
A. Minimum lot area;
B. Setbacks;
C. Minimum lot dimensions
Section 14. Section 18.20.040 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.20.040 Lot area and density.
A. The density shall be one unit per 8,500 square feet of land.
B. The minimum lot area for a dwe!!/ng ',:'nit shall be 8,500 square feet.
C. When a short plat, subdivision, large lot subdivision, or planned unit development of
land is proposed pursuant to the requirements of the flexible lot design process, the
provisions of BIMC 18.20.080 apply.
Section 15. Section 18.21.040 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.21.040 Lot area and density.
gC.
The density shall be one unit per 10,000 square feet of land.
Except ....... ~,~.~; .... r,~.;^~ o ^c ~.; .... *;^" tThe minimum lot area *'^- a
dwelling "...nit shall be 10,000 square feet.
Pursuant to Chapters 18.37 and 18.41 BIMC, 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.
When a short plat, subdivision, large lot subdivision, or planned unit development of
land is proposed pursuant to the requirements of the flexible lot design process, the
provisions of BIMC 18.21.080 apply.
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Section 16. Section 18.24.040 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.24.040 Lot area and density.
Co
The density shall be one unit per 12,500 square feet of land.
Except ~ pre.;q~e~; .... ,.~.;^. r~ ~c ,~.; .... *;^~ tThe minimum lot area c^~ a
~ shall be 12,500 square feet.
.,1 .... 11~
When a sho~t plat, subdivision, large lot subdivision, or planned unit development of
land is proposed pursuant to the requirements of the flexible lot design process, the
provisions of BIMC 18.24.080 apply.
Section 17. Section 18.27.040 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.27.040 Lot area and density.
A°
The density shall be one unit per 15,000 square feet of land.
Except ....... ;.~.~; .... ~g~{;~ r~ ^c ,~.: .... *;^" tThe minimum lot area c~ a
4wog4ng-ung shall be 15,000 square feet.
Pursuant to Chapters 18.27 and 18.41 BIMC, 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.
When a short plat, subdivision, large lot subdivision, or planned unit development of
land is proposed pursuant to the requirements of the flexible lot design process, the
provisions of BIMC 18.27.080 apply.
Section 18. Section 18.30.040 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.30.040 Lot area and density.
A. The density shall be one unit per P:.'.e units per acre 20,000 square feet of land.
B. The base density for that parcel in the Lynwood Center special planning area
designated as R-2 is one unit per 20,000 square feet *-.,~ ....... ~--~4' ........ r~* ~ but may be
increased up to three 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.
C. The base density for certain parcels in the Fort Ward Historic Overlay District may be
increased in accordance with Chapter 18.31 BIMC.
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The minimum lot area shall be 20,000 square feet.,
When a short plat, subdivision, large lot subdivision, or planned unit development of
land is proposed pursuant to the requirements of the flexible lot design process, the
provisions of BIMC 18.30.085 apply. V,~en a sF.c~ Flat
Section 19. Section 18.33.040 of the Bainbridge Island Municipal Code is amended to~
read as follows:
18.33.040 Lot area and density.
The density shall be one unit per 40, 000 square feet ,f~,~qc4a-~m of land.
The minimum lot area shall be 40,000 square feet.
When a short plat, subdivision, large lot subdivision, or planned unit development of
land is proposed pursuant to the requirements of the flexible lot design process, the
provisions ofBIMC 18.33.085 apply.
u~er Bg ....... a, ~ ....... ,
Section 20. Section 18.36.040 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.36.040 Lot area and density.
The density shall be one unit per 100,000 square feet.~.c ......... ~,~*~ ~.~° ~ ~.~ ..... of land.
The minimum lot area shall be 100,000 square feet.
When a short plat, subdivision, large lot subdivision, or planned unit development of
land is proposed pursuant to the requirements of the flexible .lot design process, the
provisions of BIMC 18.36.085 apply, x,~,+.en a s.So~ Flat or subdivision of !and is
M',A~- .'.1..+ ..... 1.`4;.,;,-; ...... 1` .... + ..... r. ~C ~ ~ ~ ..... C.".~-. .... ."~
........... / ........... ~_.~, ....... ; pro;' , .... a!! lot:, ...... the minim-am
Section 21. Section 18.37.030 of the Bainbridge Island Municipal Code is amended to
read as follows:
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18.37.030 Calculation of development rights.
A. (no change)
B. (no change)
C. In calculating available development rights, the area of land divided by the density
minimum !ct area defined by the underlying zone shall be used. The resulting figure
shall be rounded down for any fraction of a development right.
Section 22. Section 18.78.010 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.78.010 Accessory Buildings
t~ For through lots, setbacks for accessory buildings in rear setbacks shall conform to the
front .... ~ setback requirements for a principal building, r~l.~ 1~ +~_ ~ ;.~.~ ;.
~..;~;.. Side setbacks for each accessory building shall confo~ to the side setbacks
required of, or established by, the principal building, with such setbacks continuing
t~ough the full depth of the site.
Section 23. Section 18.78.020 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.78.020 Exceptions to setback regulations.
A. Fences up to six feet high may be located in any required setback space, except as
provided in BIMC 18.78.030 and 18.78.060.B. Non-screening fences in excess of six
feet, but not exceeding eight feet in height, ,,,n+...~ ~v-~^ -^*_v. ~-~ .... ;5.e;; ..... ~vw~-~--~"+""~';~ ~c
~a: .... + ~' ........... may be erected, subject to any applicable provisions of Title 15
BIMC. upon '~'~...~ i~uanceoo ~*' a ,.,,;1~,.._~_.,:, ..... ~.~----.;~ Height shall be measured from
finished grade at the exterior side of the fence. No person may construct a berm or
retaining wall upon which to build a fence unless the total height of the berm or
retaining wall plus the fence does not exceed the maximum height allowable for the
fence if the berm or retaining wall were not present.
B. Chimneys. -..n~ flues, awnings, bay windows, and greenhouse windows may intrude
into required setbacks up to 18 inches.
C. Eaves may intrude into required setbacks up to 24 inches. When provided in
combination with any of the exceptions of paragraph (B) above, such as above a bay
window, the eave intrusion shall be measured from the required setback line and not
from the outer edge of the bay window or other intrusion.
D. Signs shall conform to Chapter 15.08 BIMC, sign code, and may be placed in
required setbacks_ spaee.
E. In the R-2.9, R-3.5, R-4.3, R-5, R-6, R-8, R-14, Mixed Use Town Center, High
School Road, or Neighborhood Service Center zones, the following exceptions apply:
1. Any structure, other than a driveway and/or parking area, that is not more than
four inches above finished grade may be located anywhere in a required side or
rear setback. For driveways and/or parking areas, see Chapter 18.81 BIMC.
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2. Any structure that is more than four inches but not more than 30 inches above
read as
finished grade may extend to within five feet of any rear or side property line;
and
3. Uncovered steps and porches not more than 30 inches above finished grade and
which provide direct access to a principal building may extend to within three
feet of a side property line.
F. Decorative landscape features such as garden sculpture and similar structures not
exceeding eight feet in height are permitted in required setbacks. Where such feature
is supported by a fence, berm, or retaining wall, the total height shall not exceed eight
feet, measured from finished grade at the exterior side of such support.
G. Rockeries and retaining walls no greater than 48 inches in height are permitted in
required setbacks. Rockeries and retaining walls greater than 48 inches in height may
be permitted in required setbacks if a qualified geotechnical engineer determines that
it is necessary for slope stabilization, and the City concurs.
H. Utilities, pursuant to BIMC 18.78.040.
I. None of the exceptions listed in this Section shall be permitted to be located in
violation of the sight clearance requirements of BIMC 18.78.030.
Section 24. Section 18.78.060 of the Bainbridge Island Municipal Code is amended to
follows:
18.78.060 Shoreline st-r-ac4ar-e setback line.
All principal buildings shall be so located as to maintain the minimum shoreline
setback line.
A. The shoreline ~ setback line shall be determined as follows:
1. No Adjacent Principal Buildings. Where no ~ principal buildings are located
on any lot adjacent to a proposed ~ building, the shoreline stmotar-e setback line
**,~ specified in the underlying zone. (See diagram A.)
shall be ..... the setback as
2. Adjacent Principal Building on One Side. Where ~ a principal building is
exists on an adjacent lot along only one side of the proposed building, the shoreline
smmmr-~ setback line shall be a distance no less than that of the adjacent principal
building to the shoreline or that setback specified in the underlying zone, whichever is
greater. (See diagram B.)
3. Adjacent Principal Buildings on Both Sides on a Regular Shoreline. Where
principal buildings me exist on lots adjacent to both sides of the proposed stm,et'are
building on a regular shoreline, the shoreline r, tr'act'~:re setback line shall be determined by
a line drawn between the building line of the adjacent principal buildings or that setback
specified by the underlying zone, whichever is greater. (See diagram C.)
4. Adjacent Principal Buildings on Both Sides on an Irregular Shoreline. Where
~ principal ~ buildings are exist on lots adjacent to both sides of the
proposed stmomr-o building on a shoreline forming a cove or peninsula, the shoreline
smmtm~ setback line shall be determined by averaging the setback lines of the two
adjacent principal buildings or the setback specified in the underlying zone, whichever is
greater. (See diagrams D and E).
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B. Accessory structures, such as fences, may be situated within the shoreline setback
ar-~, provided that they do not substantially obstruct the view of adjacent principal
buildings.
[Move diagrams A, B, C, D, and E from 18.78.070 BIMC to 18.78.060 BIMC.]
Section 25. Section 18.87.030 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.87.030 Nonconforming structures.
A nonconforming structure may remain and be used; provided that:
A. The structure is not enlarged or altered so as to increase its nonconformity;
B. If moved, the structure shall be made to conform to regulations of this code; and
C. If ~ a building is harmed or destroyed by more than 50'percent of its
replacement value, as determined by the building official, the smmtur-o building must
be reconstructed in compliance with the requirements for the zone in which it is
located; and
D. Any structure other than a building that is damaged or removed to an extent that
exceeds 50 percent of its replacement value, as determined by the building official,
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.
Section 26. 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 27th day of October, 2004.
APPROVED by the Mayor this 28th day of October, 2004.
D~LRLENE KORDONOWY, May r~)
ATT/~ T/AUTHENTIC ATE:
SUE P. KASPER, City Cle~
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
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FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
July 8, 2004
October 27, 2004
November 3, 2004
November 8, 2004
2004-12
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