ORD NO. 2014-08 2014-08 TEMPORARY PARKING FOR COMMERCIAL BUSINESSESORDINANCE NO. 2014 -08
AN ORDINANCE of the City of Bainbridge Island, Washington, adopting
interim zoning regulations governing temporary parking for commercial
businesses, other than ferry commuter parking and noncommuter ferry parking;
adopting findings in support of such regulations; providing for the interim
regulations to remain in effect for a period of six months, unless permanent
regulations are adopted sooner or unless the interim regulations are extended;
declaring an emergency and establishing an immediate effective date.
WHEREAS, the City of Bainbridge Island's current parking regulations for commercial
businesses, found in Chapter 18.15 BIMC, contain restrictions regarding the location, size, and
design of such parking lots which are prohibitive of businesses constructing or using existing
parking lots to satisfy temporary parking needs; and
WHEREAS, local businesses have expressed a need for temporary commercial business
parking lots to serve both customers and employees where the business is either remodeling or
undertaking a construction project that impacts the available parking and where the business has
outgrown its original parking accommodations and is in the process of seeking a permanent
solution; and
WHEREAS, the City Council desires to provide flexibility in accommodating
commercial parking needs for businesses in these limited circumstances; and
WHEREAS, there are businesses within the City with a current need to procure
temporary parking lots to accommodate customers and /or employees due to the circumstances
described above; and
WHEREAS, unless the City acts immediately to address temporary commercial parking
needs, businesses within the City may suffer and ultimately choose to locate their business
elsewhere while the City endeavors to prepare permanent parking regulations providing for
temporary parking uses; and
WHEREAS, Article XI, Section 11 of the Washington State Constitution, RCW
35A.63.220, and RCW 36.70A.390 authorize the City to adopt interim land use regulations and
official controls, and the Bainbridge Island City Council deems it to be in the public interest to
adopt the regulations and prohibitions set forth in this Ordinance under this authority; and
WHEREAS, a public hearing on the regulations set forth in this Ordinance is scheduled
for February 12, 2014, and;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Adoption of Findings. The recitals set forth above are hereby adopted as the City
Council's findings in support of the interim zoning regulations adopted by this Ordinance.
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Section 2. Temporary Parking for Commercial Businesses Other than Ferry Commuter
Parking and Noncommuter Ferry Parking. A new Subsection K is hereby added to BIMC
18.15.020 as follows:
K. Temporary Parking for Commercial Businesses, Other than Ferry Commuter
Parking and Noncommuter Ferry Parking. Temporary surface parking lots for
commercial businesses may be developed for use by the general public and /or
employees in the Core, Gateway, Ericksen, Ferry Terminal, and Madison (Mixed
Use Town Center) districts and High School Road Zone I and High School Road
Zone II districts under the following conditions and circumstances:
1. Anticipated construction activities related to a land use application for
property located in one of the districts listed in this subsection will reduce
availability of existing parking spaces for employees and /or the general
public; or the parking needs of the commercial business have increased
and, having outgrown its original parking accommodations, the
commercial business is in the process of seeking a permanent solution.
2. An application for temporary commercial business parking is submitted
in accordance with the provisions of this subsection. The application shall
be exempt from site plan and design review pursuant to BIMC 2.16.040.
The application shall be processed as an administrative approval under
BIMC Title 2.
3. Approval of the temporary commercial business parking lot shall expire
upon completion of the specified project or within eighteen months of the
lot's permit approval, whichever comes first.
4. Temporary commercial business parking lots shall be exempt from the
requirements of subsection C.2.c of this section.
5. Temporary commercial business parking lots shall not exceed 50
spaces.
6. Temporary commercial business parking lots shall comply with the
design and construction requirements of this chapter, except that:
a. Small car spaces may total no more than 50 percent of the
number of spaces;
b. Temporary commercial business parking lots shall be exempt
from the landscaping requirements of subsection J.3.a of this
section and BIMC 18.15.010;
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c. Temporary commercial business parking lots shall be exempt
from the requirements of BIMC 18.15.030;
d. Temporary commercial business parking lots may be surfaced
with gravel; provided, that all drainage requirements are met; and
e. Temporary commercial business parking lots shall be exempt
from the requirements of subsection D.5 of this section (setbacks).
7. A temporary commercial business parking lot shall meet the
requirements of Chapter 15.20 BIMC (Surface and Storm Water
Management), except that any existing parking lot being used as a
temporary commercial business parking lot shall not be required to be
improved to meet current standards.
8. As a condition of application approval, the commercial business shall
include a plan for prohibiting parking for ferry commuter and
noncommuter use and shall demonstrate how restriction of spaces for
general public /customer and /or employee use will be enforced. Failure to
enforce shall subject the owner to the provisions of Chapter 1.26 BIMC.
9. Except as specified below, all temporary commercial business parking
lots shall be designed to retain all significant trees, as defined in Chapter
18.36 BIMC, except when removal of hazardous trees is permitted
pursuant to BIMC 16.20.040. For those significant trees impacted by
construction activity within their driplines, the applicant shall submit a
retention plan prepared by a certified arborist addressing the impact of
construction activity to the trees and the likelihood for five -year
survivability.
10. The department may grant one extension of a permit authorizing
temporary commercial business parking for a period not to exceed 180
days if:
a. A request for an extension is received by the department no later
than 30 days prior to the expiration of the permit;
b. Termination of the permit would result in an unreasonable
hardship to the applicant, and the applicant is not responsible for
the delay in securing permanent parking spaces;
c. An extension of the permit will not cause substantial detriment
to existing uses in the immediate vicinity of the subject property;
and
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d. The temporary parking shall be removed within 10 days after the
permit expires.
Section 3. Effective Period for Interim Zoning Regulations. The interim zoning regulations
set forth in this Ordinance shall be in effect for six months from the date this ordinance is
enacted and shall thereafter automatically expire, unless the same are extended as provided in
RCW 36.70A.390 and RCW 35A.63.220, or unless permanent zoning regulations are adopted
sooner by the Bainbridge Island City Council.
Section 4. Transmittal to Planning Commission. This Ordinance shall be transmitted to the
Bainbridge Island Planning Commission for its consideration and recommendation concerning
permanent zoning regulations governing temporary commercial business parking. The Planning
Commission is requested to complete its review, including the holding of a public hearing on
permanent zoning regulations and the transmittal of its recommendation to the City Council, in
time for the Council to deliberate and take action before the interim regulations expire.
Section 5. Transmittal to Department of Commerce. Pursuant to RCW 36.70A.106, this
Ordinance shall be transmitted to the Washington State Department of Commerce as required by
law.
Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance is held to
be invalid or unconstitutional by a court of competent jurisdiction, the invalidity or
unconstitutionality does not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this Ordinance.
Section 7. Declaration of Emergency - Immediate Effective Date. For the reasons set forth in
the recitals of this Ordinance, the City Council hereby finds and declares that an emergency
exists which necessitates that this Ordinance become effective immediately in order to preserve
the public health, safety, and welfare. This Ordinance shall become effective immediately upon
passage. The Bainbridge Island City Clerk is directed to publish a summary of this Ordinance at
the earliest possible publication date.
PASSED BY THE CITY COUNCIL this 19th day of February, 2014.
APPROVED BY THE MAYOR this 19th day of February, 2014.
Anne S. Blair, Mayor
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ATTEST/AUTHENTICATE:
Rosalind D. Lassoff, CM t, City Clerk
FILED WITH THE CITY CLERK: January 17, 2014
PASSED BY THE CITY COUNCIL: February 19, 2014
PUBLISHED: February 21, 2014
EFFECTIVE DATE: February 19, 2014
ORDINANCE NUMBER: 2014 -08
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