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ORD 2005-29 CULTURAL/RECREATIONAL USES CHANGE TO BIMC CITY OF BAINBRIDGE ISLAND ORDINANCE NO. 2005-29 (Formerly a Portion of Ordinance No. 2005-13 and Ordinance No. 2004-19) AN ORDINANCE of the City of Bainbridge Island, Washington, relating to cultural/recreational uses, and related code clarifications, amending BIMC Sections 18.06.190, 18.06.240, 18.06.280, 18.12.020, 18.12.030, 18.15.020, 18.15,030, 18.18.020, 18.18.030, 18.20.020, 18.20.030, 18.21.020, 18.21.030, 18.24.020, 18.24.030, 18.27.020, 18.27.030, 18.30.020, 18.30.030, 18.33.020, 18.33.030, 18.36.020, 18.36.030, 18.40.020, 18.66.020, 18.66.040, 18.105.020 and 18.108.015, and adding Sections 18.06.192, 18.06.338, 18.06.806(a), 18.06.806(b), 18.06.854(a), and 18.06.854(b) 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 December 3,2004, 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 August 26, 2004 and September 9, 2004; and WHEREAS, the Planning Commission recommended approval on October 28, 2004; WHEREAS, the City Council conducted a public hearing on the amendments proposed for Title 18, Zoning, on May 11,2005; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN, AS FOLLOWS: -1- Section 1. Amend Section 18.06.190 of the Bainbridge Island Municipal Code is to read as follows: 18.06.190 Club. "Club" means a place where an associatioR of persons orgaRized fur seme common purpose meet. meeting place for an incorporated or unincorporated association of persons organized for some common purpose. including social. educational. literary. political. or charitable purpose. operated bv a private nonprofit or non-commercial organization. Section 2. Add Section 18.06.192 to the Bainbridge Island Municipal Code to read as follows: 18.06.192 Commercial amusements. "Commercial amusements" is a commercial use. and means a video arcade. electronic game center. pool hall. dance hall. paint ball center. and similar uses. Section 3. Amend Section 18.06.240 of the Bainbridge Island Municipal Code is to read as follows: 18.06.240 Cultural facility. "Cultural facility" is a pla(;Je, SHea as a el$, where people gather to further intelleetHal and recreational imerests and valHes with others who share (;Jommon opinioRs or interests. means a librarv. museum. art gallerv. cultural center. communitv center. convention centers. exhibition hall. or meditation facilitv. Section 4. Add Section 18.06.338 to the Bainbridge Island Municipal Code to read as follows: 18.06.338 Entertainment facility. "Entertainment Facilitv" means a performing arts theater or cinema. "Entertainment Facilitv" does not include adult-oriented entertainment businesses. Section 5. Add Section 18.06.806(a) to the Bainbridge Island Municipal Code to read as follows: 18.06.806(a) Park. active recreation. "Active recreation park" means a park where the primarv uses are athletic fields. playgrounds. swimming facilities. sports courts. or other activities that require specialized fields or equipment. -2- Section 6. Add Section 18.06.806(b) to the Bainbridge Island Municipal Code to read as follows: 18.06.806(b) Park. passive recreation. "Passive recreation park" means a park where the primary uses are hiking. bird-watching. picnicking. and other low impact activities. Section 7. Add Section 18.06.854(a) to the Bainbridge Island Municipal Code to read as follows: 18.06.854(a) Recreation activities. indoor. "Indoor recreation activities" means indoor skating rinks. bowling alleys. gymnasiums not accessory to an education institution. racket clubs. sports arenas. and similar uses. Section 8. Add Section 18.06.854(b) to the Bainbridge Island Municipal Code to read as follows: 18.06.854(b) Recreation activities. outdoor. "Outdoor recreation activities" means golf courses. drivinc rances. marinas. tennis courts. yacht clubs. athletic fields. swimming beaches. outdoor pools. co eart. BMX. or skatooom-d traeks or parks. .and similar uses. Section 9. Amend Section 18.12.020 of the Bainbridge Island Municipal Code to read as follows: 18.12.020 Permitted uses. Permitted uses in the R-14 zone are: A. Accessory dwelling units; B. Accessory uses and buildings; C. COmIl'HHlity or pHblio park aFld reereation faeilities; I).;.c. Educational, eultl:lfal, governmental, religious, or health care facilities; B:-D. Family day care homes; I<-:-E. Manufactured homes; G:-F. Minor home occupations; H:-G. Multifamily dwellings; H. Parks. passive recreation; I. Single-family dwellings built to UBC standards. Section 10. Amend Section 18.12.030 of the Bainbridge Island Municipal Code to read as follows: -3- 18.12.030 Conditional uses. Conditional uses are: A. Bed and breakfast establishments; B. Child day care centers; C. Club; D. Cultural facility; G:-E. Major home occupations; F. Parks. active recreation; :Q..;.G. Public and private utility buildings and structures; H. Recreation activities. indoor; I. Recreation activities. outdoor; E:-J. Senior citizen housing projects utilizing the bonus densities set forth in this chapter under bonus densities allowed, BIMC 18.12.080; P-:K. Shared-use park and ride lots. Section 11. Amend Section 18.15.020 of the Bainbridge Island Municipal Code to read as follows: 18.15.020 Permitted uses. Permitted uses in the R-8 zone are: A. Accessory dwelling units; B. Accessory uses and buildings; C. Automobile parking facilities accessory to residential development; D. Family day care homes; E. Manufactured homes; F. Minor home occupations; G. Multifamily dwellings; H. Publio pai"ks and playgrounds; Parks, passive recreation; I. Single-family dwellings built to UBC standards. Section 12. Amend Section 18.15.030 of the Bainbridge Island Municipal Code to read as follows: 18.15.030 Conditional uses. Conditional uses are: A. Bed and breakfast establishments; B. Child day care centers; C. Club; D. Cultural facility; G:-E. Educational, o1:lltl:H'al, governmental, religious or health care facilities; :Q..;.F. Major home occupations; G. Parks. active recreation; E:-H. Public and private utility buildings and structures; I. Recreation activities. indoor; -4- J. Recreation activities. outdoor; I<-:-K. Senior citizen housing projects utilizing the bonus densities set forth in this title under BIMC 18.12.080, except that a minimum of 3,000 square feet oflot area per unit shall be required and the parking requirement shall not be less than one space per unit; G,.L. Shared-use park and ride lots. Section 13. Amend Section 18.18.020 of the Bainbridge Island Municipal Code to read as follows: 18.18.020 Permitted uses. Permitted uses in the R-6 zone are: A. Accessory uses and buildings; B. Family day care homes; C. Foster homes; D. Manufactured homes; E. Minor home occupations; F. Pl:1blio parks and playgrol:1nds; Parks. passive recreation G. Single-family dwellings built to UBC standards. Section 14. Amend Section 18.18.030 of the Bainbridge Island Municipal Code to read as follows: 18.18.030 Conditional uses. Conditional uses are: A. Club B. Cultural facility; LEducational, cl:1ltl:1ral, governmental, religious or health care facilities; ~D. Major home occupations; C. Marinas; .Q.,.E. Multifamily dwellings; F. Parks. active recreation; &G. Public and private utility buildings and structures. H. Recreation activities. indoor; 1. Recreation activities. outdoor; Section 15. Amend Section 18.20.020 of the Bainbridge Island Municipal Code to read as follows: 18.20.020 Permitted uses. Permitted uses in the R-5 zone are: A. Accessory dwelling units; B. Accessory uses and buildings; -5- C. Family day care homes; D. Manufactured homes; E. Minor home occupations; F. Multifamily dwellings built to UBC standards; G. Parks, passive recreation; G:-H. Single-family dwellings built to UBC standards. Section 16. Amend Section 18.20.030 of the Bainbridge Island Municipal Code to read as follows: 18.20.030 Conditional uses. Conditional uses are: A. Agriculture; B. Child day care centers; C. Club; D. Cultural facilitv; G:-E. Educational, cldtm-al, governmental, religious or health care facilities; I*F. Major home occupations; G. Parks, active recreation; B-:-H. Public and private utility buildings and structures; 1. Recreation activities, indoor; J. Recreation activities, outdoor; F. Public parks and playgrooods; G. Shared-use park and ride lots. Section 17. Amend Section 18.21.020 of the Bainbridge Island Municipal Code to read as follows: 18.21.020 Permitted uses. Permitted uses in the R-4.3 zone are: A. Accessory dwelling units; B. Accessory uses and buildings; C. Family day care homes; D. Manufactured homes; E. Minor home occupations; F. Parks, passive recreation; F-:-G. Single-family dwellings built to UBC standards. Section 18. Amend Section 18.21.030 of the Bainbridge Island Municipal Code to read as follows: 18.21.030 Conditional uses. Conditional uses are: -6- A. Agriculture; B. Child day care centers; C. Club; D. Cultural facility: G-:-E. Educational, eMltl:lfal, governmental, religious or health care facilities; I*F. Major home occupations; G. Parks. active recreation: E:-H. Public and private utility buildings and structures; f. PMblie parks and playgroMflds; I. Recreation activities. indoor; J. Recreation activities. outdoor; G,.K. Shared-use park and ride lots. Section 19. Amend Section 18.24.020 of the Bainbridge Island Municipal Code to read as follows: 18.24.020 Permitted uses. Permitted uses in the R-3.5 zone are: A. Accessory dwelling units; B. Accessory uses and buildings; C. Family day care homes; D. Manufactured homes; E. Minor home occupations; F. Parks. passive recreation; F-:-G. Single-family dwellings built to UBC standards. Section 20. Amend Section 18.24.030 of the Bainbridge Island Municipal Code to read as follows: 18.24.030 Conditional uses. Conditional uses are: A. Agriculture; B. Bed and breakfast establishments; C. Child day care centers; D. Club: E. Cultural facilitv: I*F. Educational, eMltl:lfal, governmental, religious or health care facilities; E:-G. Major home occupations; H. Parks. active recreation: F-:-1.Public and private utility buildings and structures; G. Publie pai"ks and playgremas; J. Recreation activities. indoor: K. Recreation activities. outdoor: H:L. Shared-use park and ride lots. -7- Section 21. Amend Section 18.27.020 of the Bainbridge Island Municipal Code to read as follows: 18.27.020 Permitted uses. Permitted uses in the R-2.9 zone are: A. Accessory dwelling units; B. Accessory uses and buildings; C. Family day care homes; D. Manufactured homes; E. Minor home occupations; F. Parks. passive recreation; ~. Single-family dwellings built to UBC standards. Section 22. Amend Section 18.27.030 of the Bainbridge Island Municipal Code to read as follows: 18.27.030 Conditional uses. Conditional uses are: A. Agriculture and accessory uses except agricultural processing; B. Bed and breakfast establishments; C. Child day care centers; D. Club; E. Cultural facilitv; I*F. Educational, el:lltl:H'al, governmental, religious or health care facilities; E:-G. Major home occupations; H. Parks. active recreation; I<-:-1.Public and private utility buildings and structures; J. Recreation activities. indoor; K. Recreation activities. outdoor; G. Pl:lblie parks and playgrmrnds; lhL. Shared-use park and ride lots. Section 23. Amend Section 18.30.020 of the Bainbridge Island Municipal Code to read as follows: 18.30.020 Permitted uses. Permitted uses in the R-2 zone are: A. Accessory dwelling units; B. Accessory parking on that parcel designated as R-2, as provided for in the Lynwood Center special planning area; C. Accessory uses and buildings; D. Agriculture and accessory uses except agricultural processing; -8- E. Family day care homes; F. Manufactured homes; G. Minor home occupations; H. Parks. active recreation I.ll:- POOli0 parks aBa playgrooods; Parks. passive recreation; J.l:- Single-family dwellings built to UBC standards; K.J-:. Multifamily dwellings in the Fort Ward Historic Overlay District, at densities identified in Chapter 18.31 BIMC, and developed in accordance with the standards in that chapter. Section 24. Amend Section 18.30.030 of the Bainbridge Island Municipal Code to read as follows: 18.30.030 Conditional uses. Conditional uses are: A. Agricultural processing and agricultural retail as established in BIMC 18.99.060; B. Bed and breakfast establishments; C. Cemeteries; D. Child day care centers; E. Club; F. Cultural facility; E:G. Educational, eultural, governmental, religious or health care facilities; J<..:.H. Group care facilities; G:-I. Major home occupations; H. Marinas/boat rental fa0ilities; J-:.K. Mining and quarrying; ~L. Multifamily dwellings; bM. Open-air sales for garden supplies; bN. Park and ride lots; M:O. Public and private utility buildings and structures; Q::P. Recreation activities. indoor; &.:0. Recreation activities. outdoor; W:-R. Shared-use park and ride lots. Section 25. Amend Section 18.33.020 of the Bainbridge Island Municipal Code to read as follows: 18.33.020 Permitted uses. Permitted uses in the R-l zone are: A. Accessory dwelling units; B. Accessory uses and buildings; C. Agriculture; D. Family day care homes; E. Forestry; -9- F. Manufactured homes; G. Minor home occupations; H. Parks. active recreation K-1. Pub lie parks afld playgrmmds; Parks. passive recreation; hJ. Single-family dwellings built to UBC standards. J..:.K. Multifamily dwellings in the Fort Ward Historic Overlay District at densities identified in Chapter 18.31 BIMC, and developed in accordance with the standards in that chapter. Section 26. Amend Section 18.33.030 of the Bainbridge Island Municipal Code to read as follows: 18.33.030 Conditional uses. Conditional uses are: A. Agricultural retail as established in BIMC 18.99.060; B. Bed and breakfast establishments; .g.,.c. Cemeteries; G-D. Child day care centers, provided the subject property has a minimum lot area of one acre; E. Club; F. Cultural facility; ~. Educational, etiltl:H'al, governmental, religious or health care facilities; ~H. Group care facilities; IL:-1.Major home occupations; ff:.J. Mining and quarrying; K-K. Multiple-family dwellings with additional criteria of a 25-foot perimeter natural vegetative easement and interior open space; hL. Open air sales for garden supplies; J..:.M. Park and ride lots; K,,-N. Public and private utility buildings and structures; O. Recreation activities. indoor; P. Recreation activities. outdoor; ~ Recycling centers; provided, that the subject property has a minimum lot area of one acre and has frontage on an arterial; M:-R. Shared-use park and ride lots. N. .^~griel:lltl:H'al retail as established in BIMC Ig.99.060. Section 27. Amend Section 18.36.020 of the Bainbridge Island Municipal Code to read as follows: 18.36.020 Permitted uses. Permitted uses in the R-OA zone are: A. Accessory dwelling units; B. Accessory uses and buildings; C. Agriculture; -10- D. Family day care homes; E. Forestry; F. Manufactured homes; G. Minor home occupations; H. Parks, active recreation; lI:-1. Pl:lblie parks and playgrounds; Parks, passive recreation; 1.J. Single-family dwellings built to UBC standards. Section 28. Amend Section 18.36.030 of the Bainbridge Island Municipal Code to read as follows: 18.36.030 Conditional uses. Conditional uses are: A. Agricultural retail as established in BIMC 18.99.060; B. Bed and breakfast establishments; g.,.c. Cemeteries; D. Club; E. Cultural facilitv; G-F. Day care centers; provided, that the subject property has a minimum lot area of two and on-half acres; f)..,.G. Educational, eultural, governmental, religious or health care facilities; E:-H. Group care facilities; F-:-1.Major home occupations; G:-J. Mining and quarrying; lI:-K. Multiple- family dwellings; hL. Open air sales for garden supplies; J..:.M. Park and ride lots; K:-N. Public and private utility buildings and structures; O. Recreation activities, indoor; P. Recreation activities, outdoor; hQ. Recycling centers; provided, that the subject property has a minimum lot area of tow and one-half acres; M:-R. Shared-use park and ride lots. N. Agriel:lltural retail as established in BIMC 18.99.060. Section 29. Amend Section 18.40.020 of the Bainbridge Island Municipal Code to read as follows: 18.40.020 Land uses. No use is allowed except as indicated in the following table: Permitted Uses. Uses designated by the letter "P" are permitted on any lot in the zones indicated, subject to all applicable regulations and the design guidelines contained in Chapter 18.41 BIMC. -11- Conditional Uses. Uses designated by the letter "c" may be authorized as condi- tional uses, in accordance with the provisions of this title and the design guidelines contained in Chapter 18.41 BIMC. Uses Not Allowed. Uses not allowed in a particular zone or overlay district are designated by the letters "NP". Uses Table Mixed Use Town Center High School Uses Road Central Madison Ericksen Gateway1 Ferry Districts I and Core Avenue Avenue Terminal1o, 11 II Commercial Retail, except drive-through p2 P (with P (with P NP P/C4 businesses residential)3 residential)3 Retail, with screened outdoor NP NP NP NP NP P/C4 storage Uses which service the automobile (e.g., gasoline NP NP NP NP NP C service station, car wash, auto repair shops) Commuter-Oriented Retail3 NP NP NP NP p5 NP Club P P P P P P Commercial Amusements P P P P P P Cultural Facilitv P P P P P P Personal and Professional P P P P p6 P Services Entertainment Facilitv P NP NP NP NP P (in Mixed Use) Hotels, Motels and Inns P NP NP C p12 P Bed and Breakfasts P P P P P P Formula Take-Out Food P (in District NP NP NP NP NP I, east of SR Restaurant 305 only)? Agricultural Processing NP NP NP P NP P Ferry Terminal and associated docks, ramps, NP NP NP NP P NP walkways, trails, waiting rooms and holding areas Ferry Commuter parkingB P NP NP P P NP Temporary Ferry Commuter Parking (Reference BIMC C NP NP C C NP 18.81.054) Noncommuter Ferry Parking NP NP NP NP P/C13 NP (Reference BIMC 18.81.052) Commercial Parking PIC NP NP P NP NP (Reference BIMC 18.81.056) Marinas, Boar(Jv/3Iks, PulJlic ~ NP- NP NP- ~ NP- -12- J2ieFs Day Care P P P C P P Miscellaneous Government, Educational, Cultural and Religious P P P C C12 P Institutions Health Care Facilities P P C C C12 P Utilities C C C C C C Park and Ride Lots NP NP NP NP NP C Home Occupations P P P P P P Parks, active recreation P P P P P P Parks. passive recreation P P P P P P Recreation activities. indoor P P P P P P Recreation activities. outdoor C C C C C C Residential Multifamily Dwellings P P P P P P Single-Family Dwellings P9 P9 P9 NP NP NP P = permitted use C = conditional use NP = use not permitted 1Any development in the gateway district shall include provisions for a public trails system within the ravine and/or pedestrian links to the ferry terminal. 2Retail development in the central core district exceeding 5,000 square feet per building footprint is allowed only on Winslow Way and Madison Avenue. 3For new buildings of more than one story, retail has to contain a residential component. 41n the H.S. Rd. II district, retail use up to 5,000-square-foot building footprint is permitted and between 5,000 and 14,400-square-foot building footprint per building is permitted through a conditional use perm it. Sin the district north of Winslow Way, commuter-oriented retail is permitted only along Winslow Way, within 100 feet north of Winslow Way. Buildings shall have customer entrances on Winslow Way. Commuter-oriented retail may be located anywhere south of Winslow Way. 61n the district north of Winslow Way, personal and professional services are permitted only along Winslow Way, within 100 feet north of Winslow Way. Buildings shall have customer entrances on Winslow Way. Personal and professional services may be located anywhere south of Winslow Way. 7The footnote is revised and added as BIMC 18.41.050.B.1, formula take-out restaurant design guidelines. BUmited to the 1,121 commuter parking spaces in the ferry terminal and core districts, and the 173 commuter parking spaces in the gateway district, as shown on Figure 18 of Exhibit B of Ordinance 98-11, the Winslow Master Plan. The rights to these spaces may be bought, sold, traded, leased or otherwise exchanged between the properties. 90nly single-family dwellings that were in existence and being used as such prior to the enactment of the ordinance codified in this chapter. R-4.3 zoning shall apply to such single-family dwellings. 10 All development shall include at least 10 percent of landscaped or naturally vegetated open space. Parking may be located under the open space. 11Development south of Winslow Way shall include pedestrian walkways that connect to Winslow Way East and Olympic Drive Southeast, and/or that align with Cave Avenue and Ferncliff Avenue. 12South of Winslow Way only. 13Permanent noncommuter ferry parking is permitted in accordance with BIMC 18.81.052.A. Temporary noncommuter ferry parking is permitted only with a conditional use permit, in accordance with BIMC 18.81.052.B. -13- Section 30. Amend Section 18.66.020 of the Bainbridge Island Municipal Code to read as follows: 18.66.020 Permitted uses. Permitted uses in the neighborhood service center district are: A. Single-family residences or multifamily residences in accordance with Chapter 18.30 BIMC, except as provided in BIMC 18.66.070; B. Agriculture; C. Bed and breakfast establishments; D. Child day care centers; E. Club E:-F. Health care facilities, except veterinarian clinics; P-:-G. Home occupations; H. Parks, active recreation; I. Parks, passive recreation; G:-J. Personal and professional services; H. Public pai"ks ana playgrounds; I:-K. Commercial/residential mixed use developments; provided, that the residential units are located above the ground floor and are at a density not to exceed three units per acre or at the R-5 residential zone density when public sewer and water are provided; J,.L. Retail sales and servicing of goods sold, with building footprints not exceeding 5,000 square feet; provided, that take-out food restaurants are not permitted; businesses shall screen all outdoor storage in accordance with BIMC 18.66.050, except for outdoor storage for agricultural produce sales, or landscaping retail sales; K-:-M. Auto repair services; and bN. Small engine repair. Section 31. Amend Section 18.66.040 of the Bainbridge Island Municipal Code to read as follows: 18.66.040 Conditional uses. The types of conditional uses permitted in the NSC district, subj ect to Chapter 18.108 BIMC, include the following: ,^~. Small seale assembly, processing and mamlfaeturing, sl:lch as f-ood processing, maehine shops, ';'!ood shops, and eleetronic parts assembly; pro'/idea, that the use does not adversely impaet the neighborhood through noise, odor, lighting, fire saf~ty and transportation; B. Reeyeling centers; C. Private and pub lie utility baildings and strnctHfes; D. Retail bl:lildings of a footprint greater than 5,000 sqUai"e feet bl:lt less than 10,000 squai"e feet; -14- E. 8elf seryiee storage faeilities; 13ro'lided, that BO ol:ltdoor storage is visible from adjoining properties and pub lie rights of v,'ay; F. Edueational, cultmal, govelllinental, or religious facilities; G. Theaters; H. Veterinarian elinies; I. 8hared use park and ride lots; J. Park and ride lots; K. Gasoline serviee stations. A. Commercial amusements; B. Cultural facility; C. Educational. cultural. governmental. or religious facilities; D. Entertainment facility; E. Gasoline service stations; F. Park, active recreation; G. Park and ride lots; H. Private and public utility buildings and structures; I. Recreation activities, indoor; J. Recreation activities, outdoor; K. Recycling centers; L. Retail buildings of a footprint greater than 5,000 square feet but less than 10,000 square feet; M. Self-service storage facilities; provided, that no outdoor storage is visible from adioining properties and public rights-of-way; N. Shared-use park and ride lots; O. Small-scale assembly, processing and manufacturing, such as food processing, machine shops, wood shops, and electronic parts assembly; provided, that the use does not adversely impact the neighborhood through noise, odor, lighting, fire safety and transportation; P. Theaters; Q. Veterinarian clinics. Section 32. Amend Section 18.105.020 of the Bainbridge Island Municipal Code to read as follows: 18.105.020 Applicability. A. Site plan and design review shall be required prior to the issuance of final construction permits in any of the following circumstances: 1. The new construction of a building or other structure, excluding permits authorizing residential construction for detached single-family residential use, and accessory dwelling units. 2. The expansion, remodel, or exterior alteration of any building or other structure by more than five percent of its existing floor area, or overall size in cases where floor area is not applicable; or expansion which creates a new dwelling unit; -15- excluding permits for expansion or alterations of buildings or other structures that are used for single-family residential purposes. 3. A change of use, where traffic, noise and other impacts are greater than the impacts for the previously existing use. 4. The construction of wireless communications support structures. B. For properties zoned light manufacturing or business park subsequent to the adoption of the ordinance codified in this chapter, the development standards of BIMC 18.105.050 shall apply in addition to any other applicable standards of this chapter. C. Exemptions. 1. Any activity which does not require a building permit and is not considered a change in use. 2. Any activity on the exterior of a building which does not exceed five percent of the structure's total cost or fair market value, whichever is higher, as determined by the building official. 3. Interior work which does not alter the exterior of the structure or affect parking standards by increasing floor area. 4. Normal building maintenance including the repair or maintenance of structural members. 5. Maintenance or expansion of existing parks where the proposed activities are exempt from SEP A review in accordance with WAC 197-11-800. Section 33. Add Section 18.108.015 to the Bainbridge Island Municipal Code to read as follows: 18.108.015 Applicabilitv. A. A conditional use permit shall be secured from the city prior to establishing or expanding a use that is located on property situated within a zoning district that lists the specific use as conditional. B. Exemptions. 1. Any activity which does not require a building permit and is not considered a change of use. 2. Any activity that does not expand the square footage of an existing use by more than 25 percent. 3. Notwithstanding Subsection 2. a use that was lawfully established prior to March 1. 1992 without a conditional or special use permit may increase its square footage up to an accumulative 100 percent without securing a conditional use permit. 4. Interior work which does not alter the exterior of the structure or affect parking standards by increasing floor area. 5. Normal building maintenance including the repair or maintenance of structural members. 6. Maintenance or expansion of existing parks where the proposed actiyities are exempt from SEPA review in accordance with WAC 197-11-800. -16- Section 34. 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 1.4. day ofSep.t2005. APPROVED by the Mayor this .?Q day of .~~pj005. D~~O~ FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER: May 3, 2005 September 14, 2005 September 21, 2005 September 26, 2005 2005-29 -17-