ORD 2005-01 LIGHT MANUFACTURING REGULATIONSCITY OF BAINBRIDGE ISLAND
ORDINANCE NO. 2005-01
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to light
manufacturing regulations, amending BIMC Sections 18.06.807, 18.06.809,
18.06.830, 18.72.010, 18.72.020, 18.72.040, 18.72.050, 18.72.070, and
18.105.050 and adding Sections 18.06.775 and 18.06.851 and deleting Section
18.72.030 of 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 modified the Light Manufacturing policies of the
Comprehensive Plan with the adoption of Ordinance No. 2004-25 on December 8, 2004; and
WHEREAS, RCW Section 35A.63.105 requires consistency between the
Comprehensive Plan and development regulations; and
WHEREAS, notice was given on March 21, 2005, to the Office of Community
Development in conformance with RCW Section 36.70A. 106; and
WHEREAS, the Planning Commission conducted a public hearing on the amendments
proposed for Title 18, Zoning, on January 13, 2004 and February 10, 2005; and
WHEREAS, the Planning Commission recommended approval on March 10, 2005;
WHEREAS, SEPA review was conducted, a Determination of Non-significance was
issued, and no appeals were filed; and
WHEREAS, the City Council conducted a public heating on the amendments proposed
for Title 18, Zoning, on June 8, 2005; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN, AS FOLLOWS:
Section 1. Add Section 18.06.775 to the Bainbridge Island Municipal Code to read as
follows:
18.06.775 Office business.
"Office business" means a business or agency that provides services in an office
environment and includes, but is not limited to, healthcare-related businesseS (excluding
hospitals, medical centers, ~, science-related professionals, and design and
engineering services.
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Section 2. Amend Section 18.06.807 of the Bainbridge Island Municipal Code is to read
as follows:
18.06.807 Park and ride let facili~..
"Park and ride let facility" means an area or structure intended to accommodate parked
vehicles during normal commuting hours, usually 5:00 a.m. to 8:00 p.m., Monday through
Friday, where commuters park their vehicles and continue travel to another destination via
public transit, or-carpool, or-vanpool, or bicycle. Park and ride latz facilities shall be are
developed in accordance with Chapter 18.81 BIMC, Parking and Access Requirements, and
Chapter 18.85 BIMC, Landscape Requirements.
Section 3. Amend Section 18.06.809 of the Bainbridge Island Municipal Code is to read
as follows:
18.06.809 Park and ride !et facili~., shared-use.
"Shared-use park and ride !et facility" means a parking lot or structure that was originally
developed for a limited, nonresidential use, such as a church or theater, and serves the same
function as a park and ride to~ facility, BIMC 18.06.807, but is restricted for use by
commuters Monday through Friday only, usually from 5:00 a.m. to 8:00 p.m. A shared-use
parking and ride !ot facility requires no expansion of existing parking area or number of stalls
or any other development beyond maintenance, signage and striping normally conducted by
Kitsap Transit for this purpose:
Section 4. Amend Section 18.06.830 of the Bainbridge Island Municipal Code is to read
as follows:
18.06.830 Personal ~...a ~.~r..~o:...~.a service.
"Personal ~'~ ~*'~:^~ service" means an establishment that provides services(s) in a
non-office environment including, but not limited to suck as legal~. .... · ~,: ...... ~-~,--~-~e,;~ ~,4~ ~
ins',:rance sepricea ~nfi beauty shops, shoe repair, laundry dry cleaning services and tanning
salons. Auto repair and body shops are not included under this definition.
Section 5. Add Section 18.06.851 to the Bainbridge Island Municipal Code is to read as
follows:
18.06.851 Professional service.
"Professional service" means a business or agency that provides services in an office
environment and includes, but is not limited to, legal services, counseling services, real estate
offices, financial services, insurance services and government offices.
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Section 6. Amend Section 18.72.010 of the Bainbridge Island Municipal Code is to read
as follows:
18.72.010 Purpose.
The pu~ose of this dis~ct is to hcilitate development of a diver~e economy on the
isled with business retention, ~owth~ ~d i~ovation. The dist~ct is intended to provide
oppo~ities for expansion of Isled businesses~ for
diversity of jobs~ ~d for low-impact indus~al activity that is compatible with adioinin~
residential nei~borhoods.
It is a fuhrer pu~ose of this disthct to encourage proper site pla~in~ ~d desi~ of
developments in order to minimize ~affic congestion, visual impacts, enviro~ental impacts~
~d other impacts ~d use conflicts within ~d beyond the disthct's boodles as enabled
t~ou~ development ~d perforate star,ds.
Section 7. Amend Section 18.72.020 of the Bainbridge Island Municipal Code is to read
as follows:
18.72.020 Permitted uses.
The following principal uses, along with their customary accessory uses, such as
administrative offices, parking lots, outdoor storage of supplies or manufactured products,
employee lunch and recreation rooms, limited on-site sales of products, and a single
residential unit for security and/or insurability of the premises, are permitted in the light
manufacturing district. Both the principle uses and accessory uses must comply with the
applicable development standards and performance standards listed in BIMC Sections
18.72.050 and 18.72.070, respectively.
Ao
Businesses located within a building and involving assembling, distributing, fabricating,
manufacturing, packaging, printing, processing, publishing, recycling, repairing,
servicing, storing, or wholesaling of goods or products. -"~':
'1 D.-;.+;.,,...~.,.-1
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B.~C--=. Research and development businesses including, but not limited to Laboratories
laboratories for scientific research, testing and experimental development that can be
performed with minimal adverse impact on, and pose no special hazard to the
environment and the community;
C. Office businesses;
D..~. Communication towers and antennas;
F. ~Otilit¥ facilities;
G. Child day care centers r,,.- T,.~ ~, ........ p! t;
....... v ...... ., ,.~.~ cf em cyees cf the distric
H. xT^~,;^.~, w.-v.... ~..v~.~.,~""~' Educational facilities, including vocational schools, preschools
(including kindergarten classes), martial arts academies, and other facilities not classified
as public or private schools offering primary and secondary educatiOn through the high
school level;
I Eq th fa iliti ~-a ...... ,;^~ ,,,;T~,;~ ,~,,~;~,~a ..........
ues an c es; ................ 'a~ . ............ c,- ...... r .... r ....
J. Food service provided that formula take-out food restaurants as defined in BIMC Section
18.06.370 are not permitted and provided that the food service meets the development
standards of BIMC Section 18.72.070(J);
K. Artist studios;
L. Veterinary offices; and
M. Indoor kennels.
Section 8. Delete Section 18.72.030 of the Bainbridge Island Municipal Code
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Section 9. Amend Section 18.72.040 of the Bainbridge Island Municipal Code is to read
as follows:
18.72.040 Conditional uses.
r~h.~+a., o, no rmnr~ ma)' include *"'+ are "~* ,;~;+~a +^ the following:
The following principal uses, along with their customary accessory uses, such as
administrative offices, parking lots, outdoor storage of supplies or manufactured products,
employee lunch and recreation rooms, limited on-site sales of products, and a single
residential unit for security and/or insurability of the premises, are conditional uses in the
light manufacturing district. Both the principle uses and accessory uses must comply with
the applicable development standards and performance standards listed in BIMC Sections
18.72.050 and 18.72.070, respectively.
A. Any principally permitted use whose operations are predominantly out of doors rather
than completely enclosed within a building. These uses include, but are not limited to,
outdoor assembly businesses, equipment and vehicle yards, and outdoor recycling
facilities.
B. Commercial moving and freight terminals;
C C ltur 1 d eligi failiti p id d
u a an r ous c es;
..... *-'~+ ......a ~e-"m;**ea .....
D. Educational facilities meeting the definition of common schools referred to in Article IX
of the State Constitution and established by law and maintained at public expense and
private learning institutions established by law and maintained at private expense,
offering primary and secondary education through the high school level;
E. Shared-use park and ride !ets facilities;
F. Park and ride !ets facilities;
G. Manual car wash facilities;
H. Professional services;
I. Recreational activities, indoor;
J. Recreational activities, outdoor, except equestrian facilities;
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K. Hospitals, medical centers, and ~ ~; and
L. Outdoor kennels.
Section 10. Amend Section 18.72.050 of the Bainbridge Island Municipal Code is to
read as follows:
18.72.050 Development standards.
The standards below shall apply:
A. Minimum lot area: 20,000 square feet.
B. Maximum lot coverage: 35 percent.
C. Minimum front setback: 50 feet along any public right-of-way.
D. Minimum rear setback: 15 feet; 50 feet when abutting a residentially zoned property.
The city may increase this to a maximum of 100 feet depending on the type, scale, and
intensity of the proposed use, subject to site plan review.
E. Minimum side setback: 10 feet; 50 feet when abutting a residentially zoned property.
The city may increase this to a maximum of 100 feet depending on the type, scale, and
intensity of the proposed use, subject to site plan review.
F. Maximum building height: 35 feet. Forty-five feet may be allowed through a conditional
use permit if, in addition to the requirements of Chapter 18.108 BIMC, it is demonstrated
that (1) view opportunities are not substantially reduced; (2) fire flow is adequate; and (3)
solar access of neighboring lots is not reduced.
G. Maximum Structure Height. Structure height is 35 feet, except that taller structures may
be allowed with the issuance of a conditional use permit; provided, that (1) view
opportunities are not substantially reduced; (2) structures shall not be permitted in
required setbacks except as otherwise authorized by this code; (3) each setback
requirement shall be increased one-half foot for every foot above the maximum structure
height; (4) noncommercial, nonparabolic antennas affixed to noncommercial
communication towers that are 50 feet or less in height above grade shall not require
conditional use permits; (5) one flagpole 45 feet or less in height may be placed on a
parcel without requiring a conditional use permit; (6) utility poles 50 feet or less in height
shall not require conditional use permits; and (7) utility structures existing on September
8, 2003, that are taller than 50 feet shall not be considered nonconforming structures and
may be replaced without a conditional use permit; provided, that the replacement
structure is not larger or taller than the original structure and is not moved more than 20
feet from its original location.
H. Wireless communications towers over 35 feet in height shall require site plan and design
review pursuant to BIMC 18.105.020.A.4.
I. Parking, Circulation and Loading. Parking and circulation requirements of Chapter 18.81
BIMC and parking lot landscape standards ofBIMC 18.85.070 shall apply with the
following additions:
1. On-street parking or staging of tracks on public streets is prohibited.
2. The primary vehicular access for light manufacturing developments shall avoid a
street or easement that primarily serves residential uses.
3. No new curb cuts shall be allowed onto public streets if it is possible for a
development to share an access drive with an existing facility.
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4. Entrances and exits to and from parking and loading facilities shall be clearly marked
with appropriate directional signage where multiple access points are provided.
5. Internal circulation shall be designed for safety and efficiency by reducing conflicts
between vehicular and pedestrian traffic, combining circulation and access areas
where possible, providing adequate truck maneuvering, stacking, and loading areas
and accommodating emergency vehicle access.
6. To reduce noise and visual conflicts with neighboring properties and public streets,
loading facilities shall be located internal to the site or where conflict with
neighboring properties will be reduced. Loading facilities shall not face non-LM
properties.
7. Loading docks and doors facing a public street shall be offset from the access drive
and shall be screened from the street.
J. Open Space Area. New developments and additions shall provide adequate open space
amenities for use by employees, subject to site plan review.
K. Outdoor Storage and Trash Dumpsters.
1. Screening of Outdoor Storage. The screen height is determined by the height of the
material or equipment being screened. Chain link fencing with neutral colored
slatting is permitted along with vegetative screening when vegetative screening alone
is not sufficient to block the outdoor storage from public view and where the fencing
is not visible from a street. Exterior storage should be confined to portions of the site
least visible from public view.
2. Trash dumpsters or any outdoor equipment, whether on roof or side of a structure, or
on the ground, shall be screened from view. Screening shall be architecturally
consistent with the adjacent structure in terms of materials. Mechanical equipment
should be located below the highest vertical element of the building.
3. Trash and recycling containers shall be located to mitigate noise impacts to nearby
residential properties.
L. Drainage. All storm water runoff shall be detained and disposed of on site or disposed of
in a system designed for such runoff and which does not flood or damage adjacent
properties. Systems designed for rtmoffdetention and control shall comply with
specifications provided by the city and shall be subject to its review and approval, and
shall, moreover, comply with Chapter 15.20 BIMC, pertaining to community facilities.
M. Industrial Wastewater Disposal. Industrial wastewater includes wastewater resulting
from (1) any process of industry, manufacture, trade or business; (2) the development of
any natural resource; or (3) the washing of equipment and vehicles, or similar activities.
Storm water nmoff and runoff from the watering of landscaping is not included.
Industrial wastewater shall not be discharged into an on-site septic system. Other
relevant sections of this code shall apply.
N. Landscaping. Light manufacturing uses shall visually screen the development year-round
from adjacent, non-industrial properties and from adjacent roadways. Landscape
screening shall be provided in accordance with Chapter 18.85 BIMC.
Section 11. Amend Section 18.72.070 of the Bainbridge Island Municipal Code is to
read as follows:
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18.72.070 Performance standards.
All uses allowed in thc LM district shall conform to the performance standards of this
section. Use, activity, or operation shall not violate existing state and federal environmental
standards. It shall be the responsibility of the 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 usc or activity is or will be in compliance with thc environmental
performance standards. Failure of thc director to require such information shall not be
construed as relieving thc operator and/or proprietor from compliance with the environmental
performance standards of this code.
A. Noise.
1. No use in this district shall exceed the maximum environmental noise level,
established by Chapter 173-60 WAC, as adopted in Chapter 16.16 BIMC. Noise
transmitted from a LM use and received by a non-LM usc shall meet noise source and
receiving levels of thc residential, or Class A, standard for EDNA of noise source per
WAC 173-60-040(2).
2. Environmental Designation for Noise Abatement or EDNA.
a. Noise levels of any sound source, when measured in thc manner and locations
prescribed in Chapter 173-60 WAC, shall not exceed the levels shown in the table
below.
'EDNA of
EDNA of Receiving Property
Noise Source
Class A Class B Class C
Class A- Residential 55 dBA 57 dBA 60 dBA
Class B - Commercial 57 dBA 60 dBA 65 dBA
Class C - Industrial 60 dBA 65 dBA 70 dBA
Bo
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b. Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the
foregoing table shall be reduced by 10 dBA for receiving property within Class A
EDNAs.
c. At any hour of the day or night the applicable noise limitations in subsections
A.2.a and b of this section may be exceeded for any receiving property by no
more than:
i. Five dBA for a total of 15 minutes in any one-hour period; or
ii. Ten dBA for a total of five minutes in any one-hour period; or
iii. Fifteen dBA for a total of one and one-half minutes in any one-hour period.
Glare and Heat. Any operation producing intense glare or heat shall be conducted within
an enclosed building or with other effective screening in such a manner as to make such
glare or heat completely imperceptible from any point along the property line.
Ground Vibrations. No ground 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 for the use concerned.
Waste Storage and Disposal, Including Hazardous Waste. The storage or disposal of
industrial waste shall be in compliance with the regulations and requirements of the
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Bremerton-Kitsap health district, the State Department of Ecology, and Chapter 70.105
RCW as amended, and this code.
E. Air Quality Emissions. No use in this district 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 enjoyment of his/her property. In addition, all sources
and emissions units are required to meet the emission and the ambient air quality
standards specified in Chapter 173-400 WAC, and administered by the Puget Sound Air
Po!!utiCn Cc, n~c,! Authority (PS~CA) Clean Air Agency (PSCAA), and shall apply to
all air contaminants listed therein.
F. Light. Exterior lighting, except for warning or emergency lighting, shall be hooded or
shielded so direct illumination shall be confined to the property boundaries of the light
source. No more than a maximum of one-half footcandle of illumination shall be
permitted to fall upon any residential zoned property.
G. Ground and Soil Contamination. Materials used or produced in any manufacturing
process shall be handled in such a manner as to prevent ground or soil pollution which
destroys or endangers the support of natural vegetation or which may contaminate
underground aquifers, or other natural drainage systems.
H. Electrical Interference. Provisions must be made for necessary shielding or other
preventive measures against interference caused by mechanical, electrical, or nuclear
equipment uses or processes with electrical apparatus in nearby buildings or use areas.
I. Fire and Explosive Hazards. The manufacture, use, processing or storage of flammable
liquids or materials, liquids or gases that produce flammable or explosive vapors or gases
shall be permitted in accordance with the regulations of the adopted Uniform Fire Code
and the Uniform Building Code. A hazardous materials impact analysis, conforming to
the requirements of the Bainbridge Island fire district, shall be required to determine
potential off-site impacts and mitigation precautions.
J. Food Services. Food services in the LM district must meet the following standards:
1. The use is limited in size so that it fimctions as a service intended for the convenience
of the employees of the LM district;
2. The use is located interior to the LM district or is fully screened from public streets;
o
The indoor area occupied by the food service business shall be limited to 2,000
square feet;
Food service available to ~ customers shall be limited to the hours of the
on-site businesses; between 5:00 a,m. and 6:00 p.m.; and
5. No signage shall face primary and secondary arterials or collector streets.
On-site Retail Sales. On-site sales to the general public must comply with the following
standards:
1. Sales are limited to goods or products manufactured or utilized on the premises;
2. Sales to the general public are clearly subordinate to the primary use of the property
as permitted in the LM district; store-front retail businesses are not permitted in the
LM district;
3. There shall be no signage advertising the on-site sales to the general public;
4. There shall be no additional on-site parking allowed beyond what is required for the
primary use; and
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Notwithstanding standards 1 through 4 $ above, semiannual sales to the general
public of items manufactured on-site is allowed provided that each sales event lasts
no more than two consecutive days.
Section 12. Amend Section 18.105.050 of the Bainbridge Island Municipal Code is to
read as follows:
18.105.050 Site design development standards for light manufacturing and business
park.
A. On-Site Storm Water. In addition to the applicable storm water management
requirements of Chapter 15.20 BIMC, a site plan and design review proposal for
applicable light manufacturing or business park zoned property shall include means to
integrate and re-use on-site storm water as a site amenity. For example, storm water
detention ponds can be designed as a site feature, or storm water can be collected and re-
used for irrigation for on-site agricultural open space or required landscaping.
B. Open Space. A site plan and design review proposal for applicable light manufacturing
or business park zoned property shall retain open space on the subject property in
compliance with the following goals and standards:
1. Open Space Goals. (No Changes)
2. Open Space Design Standards. (No Changes)
C. Relationship to Adioining and Nearby Uses. A proposed development must be sited and
designed to minimize potential safety hazards to adioining and nearby developments.
Specifically, a proiect shall be designed in a manner that does not create multiple and
unsafe turning movement conflicts related to circulation patterns, both vehicular and non-
motorized. Additionally, a development shall be fenced and buffered, as necessary, to
impede potentially dangerous travel between different types of uses, such between a
manufacturing OPeration and day care center. Outdoor operations, such as loading docks
and playgrounds, shall be located as far away as possible from residences and other noise
sensitive uses. Lastly, outdoor lighting shall conform to the standards stipulated in BIMC
Chapter 15.34.
D. Design Guidelines. The site design shall be consistent with the light manufacturing
design guidelines of Chapter 18.41 BIMC and any other design guidelines applicable to
the proposed proiect.
E. Transit Accommodation. A proposed site plan shall accommodate bus stops along public
rights-of-way in locations identified by Kitsap Transit.
Section 13. This ordinance shall take effect and be in force five days after its passage,
approval, and publication as required by law.
PASSED by the City Council this 22th day of June, 2005.
APPROVED by the Mayor this 29th day of June, 2005.
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ATT ST/AUTHENTICATE:
?SUE P. KASPER, City Cle'rk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
April 20, 2005
June 22, 2005
June 29, 2005
July 5, 2005
2005-01
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