ORD NO. 2020-03 HOUSEKEEPING CHANGES REVISING CHAPTERS 2.14, 2.16, 18.09, 18.12, 18.15, AND 18.36 BIMCPage 1 of 2
ORDINANCE NO. 2020-03
AN ORDINANCE of the City of Bainbridge Island,
Washington, related to updating and clarifying land use
regulations, revising Chapters 2.14, 2.16, 18.09, 18.12,
18.15, and 18.36 of the Bainbridge Island Municipal Code.
WHEREAS, City staff have compiled a set of changes to land use regulations of the
Bainbridge Island Municipal Code (“BIMC”) to update and clarify certain provisions; and
WHEREAS, this includes adding a new use, “temporary construction staging,” including
new use specific standards; and
WHEREAS, the changes were organized into BIMC Title 2 and Title 18 changes, and
the Planning Commission considered the proposed changes on March 28, April 25, May 23, June
27, and October 10, 2019: and
WHEREAS, the Planning Commission held a public hearing on this ordinance,
Ordinance No. 2019-33 (now Ordinance No. 2020-03), on October 24, 2019, and after closing
the public hearing, made a recommendation of approval of Ordinance No. 2019-33 to the City
Council; and
WHEREAS, notice was given on November 8, 2019, to the Office of Community
Development at the Washington State Department of Commerce in conformance with RCW
36.70A.106; and
WHEREAS, the City Council considered this ordinance at its meeting on July 14, 2020;
and
WHEREAS, the City Council considered Ordinance No. 2020-03 further on July 28,
2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Chapters 2.14 and 2.16 of the Bainbridge Island Municipal Code are
hereby amended as shown in Exhibit A.
Section 2. Table 18.09.020, Use Table, of the Bainbridge Island Municipal Code is
hereby amended as shown in Exhibit B.
Section 3. Chapters 18.09, 18.12, 18.15, and 18.36 of the Bainbridge Island Municipal
Code are hereby amended as shown in Exhibit C.
Page 2 of 2
Section 4. If any section, subsection, paragraph, sentence, clause, or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 5. This ordinance shall take effect and be in force five (5) days after its
passage, approval, and publication as required by law.
PASSED by the City Council this 28th day of July, 2020.
APPROVED by the Mayor this 28th day of July, 2020.
ATTEST/AUTHENTICATE:
FILED WITH THE CITY CLERK: July 9, 2020
PASSED BY THE CITY COUNCIL: July 28, 2020
PUBLISHED: July 31, 2020
EFFECTIVE DATE: August 5, 2020
ORDINANCE NUMBER: 2020-03
EXHIBITS A, B, C
EXHIBIT A Title 2 General Housekeeping Changes
1
2.14.020 Planning commission.
A. Purpose and Role of the Planning Commission. The Bainbridge Island planning commission serves as
an advisory body to the city council, and provides recommendations to the director of planning, the
hearing examiner and/or the city council. The commission’s role is to consider legislative, as well as
quasi-judicial matters, depending upon the action before it. Pursuant to Chapter 35A.63 RCW, the
commission has primary responsibility for preparing, reviewing and updating the comprehensive plan.
B. Duties and Responsibilities. Pursuant to the provisions of Chapter 35A.63 RCW, there is established
within the city a planning commission. The title “planning commission” is substituted for the title “planning
agency” in all city ordinances and other documents approved prior to the effective date of the ordinance
codified in this chapter. The planning commission shall have the following duties and responsibilities:
1. Participate in the preparation and review of the comprehensive plan for the city;
2. Consider the location, character, extent, and effect of any proposed dedication of any street or
other area for public use, including parks, public ways, public buildings, or public structures, with
reference to the comprehensive plan, pursuant to RCW 35A.63.080;
3. Review and make recommendations on all applications for amendments to the comprehensive
plan, official zoning map and official zoning ordinance of the city pursuant to Table 2.16.010-1;
4. Review and make recommendations on all housing design demonstration project applications
pursuant to BIMC 2.16.020.S, including those housing design demonstration project applications
involving land subdivision, based on a comprehensive review of the project at a public meeting;
5. Review and make recommendations on preliminary short subdivisions if requested by the
director;
6. Review and make recommendations on all preliminary large lot subdivisions, preliminary long
subdivisions, major site plan and design reviews, major conditional use permits, and major
shoreline conditional use permits, taking into consideration the recommendation from the design
review board and a comprehensive review of the project at a public meeting;
7. Such other advisory duties as may be assigned to it by the city council, or as specified in the
BIMC;
8. Create the planning commission agenda prior to its publication in consultation with the director.
C. Composition – Appointments – Terms – Residency – Chairpersons.
1. The commission shall consist of seven members appointed by the mayor and confirmed by the
city council. All seven members of the commission shall be residents of the city. The members shall
not be employees or officers of the city or appointed to another city committee, board or
commission, except for specialized committees or task forces of limited duration. The commission
shall reflect the diverse perspectives, work experiences and backgrounds represented in the
community. Each commissioner shall endeavor to understand and agree to uphold the city’s
adopted comprehensive plan.
2. All members shall serve without compensation for three-year terms, which begin on July 1st and
end on June 30th three years later. Members shall be appointed to a position number, and the
terms are to be staggered, with no more than three positions expiring in any given year. Members
may be reappointed to additional terms. No member shall serve more than three consecutive terms
on the commission unless the city council determines that special expertise is required or there are
no other qualified applicants.
EXHIBIT A Title 2 General Housekeeping Changes
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3. The officers of the commission shall consist of a chairperson and a vice chairperson elected by
the members of the commission for a one-year term. The election of officers shall take place at the
first meeting of the year. In the event of the vacancy of the chair, the chairperson would be replaced
by the vice chairperson, and the vice chairperson would be replaced by a vote of the members of
the commission. Demotion of the chairperson or vice chairperson shall be governed by Chapter
2.01 BIMC.
4. The chairperson shall preside over meetings of the commission and may exercise all the powers
usually incident to the office. Duties of the chairperson shall include, but not be limited to,
committees of the whole, handling meeting items and discussion, conflict of interest, suspension of
meetings, timing or discussion of issues, and clarification of issues and questions. The chairperson
shall sign all approved commission minutes, reports or other official documents.
5. In the absence of the chairperson, the vice chairperson shall perform all the duties incumbent
upon the chairperson. The chairperson and the vice chairperson both being absent, the members
present may elect for the meeting a temporary chairperson who shall have the full powers of the
chairperson during the absence of the chairperson and the vice chairperson.
6. The chair Planning Commission shall have full power to create subcommittees that would include
up to three commissioners. Standing or temporary committees may be charged with such duties,
examinations, investigations and inquiries relative to one or more subjects of interest to the
commission. No committee shall have the power to commit the commission to the endorsement of
any plan or program without the approval of a quorum of the commission.
D. Removal and Resignation.
1. The removal and resignation of members appointed to the commission shall be governed by
Chapter 2.01 BIMC.
2. Any unexpired term of a vacant office shall be filled by a qualified person appointed by the mayor
and confirmed by the city council in accordance with the city’s appointment cycle.
E. Meetings.
1. The planning commission shall meet on the second and fourth Thursday of each month and may
hold such special meetings as the planning commission may determine necessary. All regularly
scheduled meetings shall begin at 7:00 p.m. and shall endeavor to adjourn by 9:00 p.m.; provided,
that the hours of a regular meeting may be modified for exceptional purposes, as determined by the
chairperson.
2. Planning commission meetings shall be held at the city of Bainbridge Island City Hall. Under
special circumstances, regular and special meetings and retreats may be held in other locations as
publicly noticed.
3. The planning commission shall give public notice of its meetings as provided by law. Notice for a
public hearing shall be provided at least 10 days in advance of said hearing.
4. All meetings of the planning commission shall be open to the public and held in accordance with
the Open Public Meetings Act (Chapter 42.30 RCW). In the event a regular meeting falls upon a
legal holiday, the meeting shall be held on the following business day.
5. All meetings shall be conducted according to Robert’s Rules of Order.
6. The planning commission shall review and approve rules of procedure and code of conduct
annually.
EXHIBIT A Title 2 General Housekeeping Changes
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F. Quorum and Voting.
1. A simple majority of the appointed members shall constitute a quorum for the transaction of
business.
2. The chairperson shall be entitled to vote on a matter when it is necessary to break a tie or to
make a quorum.
2 3. When a commissioner has stepped down because of a potential conflict of interest, he or she
shall not be counted for purposes of establishing a quorum during considerations undertaken while
he or she is not sitting with the commission.
G. Public Meetings and Hearings. The planning commission will consider land use applications at a public
meeting and shall recommend approval, approval with conditions, or denial of an application. For
legislative decisions, the planning commission will hold a public hearing and shall recommend approval,
approval with conditions, or denial of an application. In making a recommendation, the planning
commission shall consider the applicable decision criteria of this code, the comprehensive plan, all other
applicable law, any necessary documents and approvals, and any testimony presented verbally or in
writing at the public meeting. If the applicable criteria are not met, the planning commission shall
recommend the proposal be subject to conditions or denied. A planning commission recommendation is
not a final decision and is not subject to appeal. The planning commission’s written recommendation and
other documents upon which its decision is based shall be immediately transmitted to the director, the city
council, and/or the hearing examiner, as applicable.
H. Public Records. Minutes of each meeting, including a record of attendance, shall be prepared by the
secretary and approved and signed at a subsequent meeting. The minutes do not need to reflect the
actual discussion, but only the formal actions taken by the planning commission, and shall include
findings of fact and conclusions where applicable to support the planning commission’s recommendation.
The meeting minutes shall be posted on the city’s web site.
I. Consultants. Upon approval of the city council, the planning commission may recommend the retention
of a planning consultant who assists the planning commission in its deliberations. The consultant shall be
hired by the city.
J. Conflict of Interest. Planning commission members shall sign a conflict of interest statement in
accordance with the city’s ethics program upon appointment and any reappointment. If a planning
commission member has a financial interest in or is an applicant, or if a planning commission member is a
paid or unpaid advocate, agent or representative for an applicant on a comprehensive plan amendment
or land use application that will be reviewed or considered by the planning commission, the planning
commission member shall not participate in a decision or recommendation on the application, and he or
she will be asked to leave the meeting facility prior to commencement of discussion of that agenda item.
K. Support Staff. The planning staff shall perform the following roles in its work with the planning
commission:
1. Provide the initial record that includes the standards of review, relevant municipal code and
comprehensive plan provisions and provisions of other permitting agencies. The staff report shall
include findings of fact and conclusions of law based on evidence in the record; and
2. Provide technical information and research, prepare documents and maintain records. This
includes drafting transmittal memos, preparing alternative findings and conclusions when
appropriate, and obtaining legal opinions from the city attorney; and
3. Respond to questions and discussion of procedures; and
4. Assist the commission in articulating their collective will; and
EXHIBIT A Title 2 General Housekeeping Changes
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5. Provide upon request formal opinions or recommendations from the city attorney, city engineer,
public works director or the director of planning and community development on any matter that is
pending before the planning commission; and
6. Arrange for the provision of city email accounts to commission members and related training on the
use of email accounts, including personal computer privacy expectations while serving on the
commission.
2.14.030 Hearing examiner.
A. Policy. The conduct of public hearings in quasi-judicial matters generally involves disputed issues. It is
in the best interest of the residents of the city to create officers designated in this chapter as “hearing
examiners,” whose duties shall be judicial in nature. Whenever any ordinance of the city requires a
public hearing to be conducted by the hearing examiner, the hearing shall be conducted in accordance
with the procedures established in Chapter 2.16 BIMC.
B. Qualifications – Appointment – Term – Removal. Each hearing examiner shall be appointed by the city
manager, confirmed by the city council, and shall serve for a term of two years. As required by WAC
242-02-040, each appointed hearing examiner shall be someone who has a demonstrated knowledge of
land use planning and law and shall meet any additional qualifications specified by city council
resolution. The appointed hearing examiner shall be removed only (1) upon conviction of a gross
misdemeanor or felony, (2) because of physical or mental disability rendering the hearing examiner
incapable of performing the duties of the office, (3) upon conviction of a violation of subsection D of this
section, or (4) upon conviction of a violation of Chapter 42.23 RCW, the violation of which shall
constitute a misdemeanor under this code.
C. Hearing Examiner Responsibilities and Duties.1
1. The hearing examiner is responsible for conducting hearings on and adjudicating quasi-judicial
cases involving a variety of complex land use and regulatory compliance issues, and other issues
which the city council may designate to the hearing examiner by ordinance or resolution. The
hearing examiner shall issue decisions or recommendations based on relevant ordinances,
regulations, policies, statutes, and other authorities.
2. Duties. In addition to any other duty established by ordinance or resolution, the hearing
examiner:
a. Supervises and evaluates the work of employees as required;
b. Develops procedural rules rules of procedure for the scheduling and conduct of hearings and
related matters, which shall be adopted by the city council by resolution. Such rules of
procedure may be amended from time to time by resolution of the city council, Such rules shall
and will be published on the City’s website and available from the office of the city clerk upon
request;
c. Reviews properties that are the subject of hearings to become familiar with the terrain and
relationships to other properties;
d. Receives and examines hearing related documents, and reviews case files, city codes and
policies, environmental impact statements, plot plans and topographical maps;
EXHIBIT A Title 2 General Housekeeping Changes
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e. Evaluates testimony and evidence, prepares records, enters final written findings, and
imposes conditions to conform projects to city ordinances and land use policies;
f. Maintains knowledge of current relevant state and city land use laws, policies and related
state and federal court decisions;
g. Prepares reports and correspondence to the city manager, city council, and planning
commission as requested;
h. Prepares and submits annual written reports to the city manager and city council, including
how many hearings have been conducted, the final outcome of hearings, the time required to
issue decisions and the cost of hearings;
i. Meets with the city manager, city council, planning commission and staff as requested, to
identify conflicts in the code; and
j. When necessary, recommends candidates for pro tem hearing examiner, for approval by the
city manager.
D. Noninterference in Performance of Duties. No person shall attempt to influence the hearing examiner
in the performance of duties. The hearing examiner shall not discuss the merits of any case considered
by the hearing examiner until all city review and court appeals have been concluded and a final decision
has been rendered. Any violation of this provision shall be deemed a misdemeanor and may be
punished pursuant to Chapter 1.24 BIMC.
E. Legal Counsel for Hearing Examiner. General legal advice to the hearing examiner will be provided by
the city attorney, except that in a contested case where the city will be represented by the city attorney,
the mayor may appoint independent counsel to render legal advice to the hearing examiner, the cost of
which shall be borne by the city.
F. Disqualification of Hearing Examiner.
1. The hearing examiner on his or her own initiative may enter an order of disqualification in the
event of personal bias or prejudice or to preserve the appearance of fairness.
2. Prior to any hearing on a matter, a party may file an affidavit, which is a sworn statement in
writing and under oath, stating that such party cannot have a fair and impartial hearing by reason of
the hearing examiner’s personal bias or prejudice. The hearing examiner shall rule on the affidavit
prior to making other ruling and prior to the hearing. No party shall be permitted to file more than
one such affidavit under this section in regard to any one proceeding. (Ord. 2011-23 § 1, 2011; Ord.
2011-02 § 2 (Exh. A), 2011)
EXHIBIT A Title 2 General Housekeeping Changes
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2.16.010 Land use procedures summary table.
Table 2.16.010-1: Summary Table of Land Use Procedures
R = Review and Recommendation, (R) = Optional Review, D = Decision, A = Appeal, P = Public
Hearing, (P) = Optional Public Hearing
DRB Planning
Comm.
Director Hearing
Examiner
City Council Courts
Administrative Approvals
Clearing Permit
Tree
Removal/Vegetation
Maintenance Permit
D A
Conversion Option
Harvest Plan Permit
D A
Minor Conditional
Use
(R) (R) D A
Minor Variance (R) D A
Agricultural
Conditional Use
D A
Large Lot
Subdivisions
(Prelim)
R R D A
(Final) D A
Minor Shoreline
Variance [1]
(R) D A A [2]
Minor Shoreline
Conditional Use [1]
(R) D A A [2]
Public Works
Administrative
Decisions
D A
SEPA
Determinations
D A
Shoreline
Substantial
Development
Exemption [1]
D A
Shoreline
Substantial
Development [1]
(R) D A A [2]
EXHIBIT A Title 2 General Housekeeping Changes
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R = Review and Recommendation, (R) = Optional Review, D = Decision, A = Appeal, P = Public
Hearing, (P) = Optional Public Hearing
DRB Planning
Comm.
Director Hearing
Examiner
City Council Courts
Short Subdivisions
(Prelim)
(R) (R) D A
(Final) D A A
Sign Permits D A
Minor Site Plan and
Design Review
(R) (R) D A
Major Site Plan and
Design Review
R R D A
Critical Area Permit
– Major and Minor
D A
All other administrative decisions: This includes agricultural retail plans, boundary line adjustments
(See BIMC 2.16.090), building and other construction permits, building administrative decisions,
clearing permits, BIMC interpretations, vegetation management permit, extension of construction
noise hours (See BIMC 16.16.025), and any other administrative land use decision authorized by this
code to be made by the director.
Quasi-Judicial Decisions by the Hearing Examiner
Conditional Use
Permits
R R R D/P A
Variances (R) R D/P A
Reasonable Use
Exception (See BIMC
16.20.080)
(R) R D/P A
Major Shoreline
Variances [1]
(R) R D/P A [2]
Major Shoreline
Conditional Use
Permits [1]
R R R D/P A [2]
Long Subdivisions
(Prelim)
R R R D A
Quasi-Judicial Decisions by City Council
Long Subdivisions
(Final)
R D A
Site-Specific
Rezones
(R) R R/P D A
EXHIBIT A Title 2 General Housekeeping Changes
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R = Review and Recommendation, (R) = Optional Review, D = Decision, A = Appeal, P = Public
Hearing, (P) = Optional Public Hearing
DRB Planning
Comm.
Director Hearing
Examiner
City Council Courts
Consolidated Project Review
See BIMC 2.16.170
Legislative Approvals
Adoption or
Amendment of
Development
Regulations
R/P R D (P) A
Comprehensive Plan
Amendments
R/P R D (P) A
Legislative Area-
Wide Rezones
R/P R D (P) A
Special Area Plans R/P R D (P) A
[1] City decisions on shoreline variances, shoreline substantial development permits, and shoreline
conditional use permits must be reviewed by the Washington Department of Ecology pursuant to WAC
173-27-130 and RCW 90.58.140(10). The Department of Ecology may approve, approve with conditions,
or deny the application.
[2] The hearing examiner’s decision is forwarded to the Department of Ecology (DOE) for decision.
The DOE decision is then appealable to the Shoreline Hearings Board. (See BIMC 2.16.165.I.)
EXHIBIT A Title 2 General Housekeeping Changes
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2.16.020 General provisions.
2.16.020.M. Notice Requirements.
1. Land Use Notice Summary Table.
Table 2.16.020-1 Land Use Notice Summary Table [1]
Mail, Fax,
E-mail, or
Other to
Applicant
Mail, Fax, or
E-mail to
Depts.,
Public, and
Others
Publishing
in
Newspaper
Posting
Notice at
Official
Locations
Posting
Sign on the
Property
Notice of Complete Application X
Notice of Application and Public
Comment Period* X X X X
Notice of Public Hearing X X X X X
Notice of Decision and Appeal
Period X X **
[1] Additional noticing may be required by other Titles of the BIMC.
* May be combined with SEPA notice.
** Notice only goes to parties that commented during the public comment period and any agencies
with jurisdiction; if the application includes SEPA, notice of decision goes to SEPA agencies also.
2. Types of Notifications for Land Use Decisions. All applications, except those exempted in
subsection M.2 of this section, require the following notifications:
a. Notice of complete application; and
b. Notice of application and public comment period*; and
c. Notice of public hearing, if a public hearing is required; and
d. Notice of decision and appeal period.
* If the optional process is used pursuant to subsection M.8 of this section, this will include SEPA
comment period.
2. 3. Exemptions from Public Notice Requirements on Land Use Decisions. The following land use
applications do not require a notice of application and public comment period or notice of decision:
a. A building permit or other construction permit, unless a notice of intent to construct in
geologically hazardous areas is required under BIMC 16.20.140.
b. An administrative decision that is categorically exempt under SEPA (Chapter 43.21C RCW),
unless the permit application procedures require a public comment period or public hearing.
Flexible lot design short or long plats are not exempt from notice requirements.
EXHIBIT A Title 2 General Housekeeping Changes
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3. 4. Notice of Complete Land Use Decision Application.
a. Within 28 days after receiving a land use permit application, the department director shall
either mail, fax, or otherwise provide to the applicant a written determination, stating either
that the application is complete or that the application is incomplete and what is necessary to
make the application complete. If the application is determined to be incomplete, the
department director will request additional information in writing.
b. Within 14 days after an applicant has submitted all additional information identified by the
department director as being necessary for a complete application, the department director
shall notify the applicant whether the application is complete or what additional information is
necessary.
c. If the department director does not provide a written determination as to whether the
application is complete within the 28 days, the application shall be deemed complete as of the
twenty-eighth day.
4. 5. Notice of Application and Public Comment Period.
a. Time of Notice. Within 14 days of a notice of complete application, the department director
shall issue a notice of application for any land use application except for those applications that
are exempted pursuant to subsection M.3 of this section. The notice of application shall
provide a minimum comment period of 21 days. However, for projects requiring review under
the State Environmental Policy Act (SEPA), the notice of application shall provide a minimum
comment period of 14 days; the SEPA threshold determination shall not be issued prior to the
expiration of the notice of application comment period.
b. Method of Notice. The notice of application shall be provided to the public and other
government agencies with jurisdiction over some aspect of the application by the following
means:
i. Distributing written notice to property owners at addresses listed on the property tax
records of Kitsap County within 500 feet of any boundary of the subject property and
including any property within 500 feet of any contiguous property in the applicant’s
ownership;
ii. Posting notice in the official posting places of the city, including the city website;
iii. Publishing notice in the official newspaper of the city;
iv. Posting the subject property in a manner prescribed by the city; and
v. Distributing notices to government agencies.
c. Notice of Application Contents. The content of the notice shall comply with the requirements
of state law and shall contain that information set forth in the administrative manual.
d. Transportation Notice. If the application is for a short subdivision or a large lot subdivision
that is adjacent to the right-of-way of a state highway or within two miles of the boundary of a
state or municipal airport, not later than 10 days after the short subdivision application is filed,
the director shall provide a notice of the application, including a legal description and location
EXHIBIT A Title 2 General Housekeeping Changes
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map, to the State Secretary of Transportation. The Department of Transportation shall, within
15 days after receiving the notice, submit a statement to the director who furnished the notice,
including any information that the Department of Transportation deems to be relevant about
the effect of the proposed short subdivision or large lot subdivision upon the legal access to the
state highway, the traffic carrying capacity of the state highway and the safety of the users of
the state highway. If comments are not received within 15 days, the director may extend the
comment period by an additional 15 days to allow for Department of Transportation
comments.
5. 6. Notice of Public Hearing. Notice for an application requiring a public hearing shall be provided
in the following manner:
a. Time of Notice. The hearing examiner shall provide notice of the public hearing at least 15
days prior to the hearing or as otherwise provided by law.
b. Method of Notice. The hearing examiner shall provide notice of an appeal hearing as
provided in this subsection M.6.b and shall provide public notice for any other public hearing
by:
i. Posting notice in the official posting places of the city, including the city website; and
ii. Publishing notice in the official newspaper of the city at least 14 days prior to the hearing
or as otherwise provided by law; and
iii. Distributing notice to the applicant and appellant, if applicable; and
iv. Distributing written notice to property owners at addresses listed on the property tax
records of Kitsap County within 500 feet of any boundary of the subject property and
including any property within 500 feet of any contiguous property in the applicant’s
ownership; and
v. Distributing notice to any person who has submitted a written request for notice of the
hearing; and
vi. Posting the subject property in a manner prescribed by the city.
c. Public Hearing Notice Contents. The content of the notice shall comply with the
requirements of state law and shall contain that information set forth in the administrative
manual.
6. 7. Notice of Land Use Decision and Appeal Period. A notice of decision shall be issued upon a final
decision on a land use application. The decision-maker shall distribute the notice of decision to the
applicant, the applicable department director and any persons requesting notice or submitting
comments on the application prior to the decision. Notice of decision shall include:
a. A statement indicating that the application is approved, approved with conditions, denied, or
remanded; and
b. A statement of any conditions included as part of a decision for approval or approval with
conditions; and
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c. A statement of facts upon which the decision, including any conditions, is based and the
conclusions of law derived from those facts; and
d. The SEPA threshold determination and mitigation conditions as specified in Chapter 16.04
BIMC, if applicable; and
e. Procedures for appeal under subsection R of this section if applicable.
7. 8. Combining Public Notices on Land Use Applications. If a land use application is subject to
environmental review under Chapter 16.04 BIMC (Chapter 43.21C RCW) and requires a SEPA
threshold determination, the SEPA public notice and notice of SEPA public comment period, if any,
shall be combined with other land use application notices when possible. A combined notice shall
include a statement that a single comment letter may be submitted to the SEPA official, addressing
impacts as well as other issues subject to review under the decision criteria for the land use
application.
8. 9. Notice Required for Legislative Review Procedures. Unless subsection M.10 or 11 of this
section requires otherwise, notice of the date, time and place of any scheduled hearing shall be
provided to the public by the following means:
a. Publishing notice in the official newspaper of the city at least 10 calendar days prior to the
public hearing.
b. Posting notice in the official posting places of the city.
9. 10. Notice Required for Adoption and Amendment of Land Use Regulations.
a. The city shall give notice of the public hearing in a way that is reasonably calculated to
provide notice to property owners and other affected and interested individuals, tribes,
government agencies, businesses, and organizations. Examples of reasonable notice include:
i. Posting the property for site-specific proposals;
ii. Publishing notice in the official newspaper of the city;
iii. Notifying public or private groups who have notified the city of an interest in a certain
proposal or in the type of proposal being considered.
b. Notice of the public hearing shall state when the public may submit written comments on
the proposed development regulation; provided, that the public shall be given at least 10 days
prior to the scheduled public hearing to submit written comments to the city.
c. Errors in exact compliance with this chapter shall not render the development regulation
invalid if the spirit of the procedures established by this chapter is observed.
10. 11. Notice Required for Special Area Plan Process. The interdepartmental staff team described
in BIMC 2.16.210.D shall provide notice to the public of the initial public meeting by (a) mailing
notice, by regular mail, at least 10 days prior to the date of the meeting, to all interested persons
and groups identified by the interdepartmental staff team, and to all persons requesting such
notice; and (b) publishing notice in the city’s official newspaper at least 10 days prior to the date of
the meeting.
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2.16.020.R. Appeals.
1. Appeal of an Administrative Review Decision.
a. Applicability. All administrative decisions, departmental rulings and interpretations made in
accordance with administrative review procedures of BIMC 2.16.030 and administrative
decisions made under BIMC 1.26.070 may be appealed to a hearing examiner. Administrative
decisions of the public works director and decisions on sign permits may not be appealed to the
hearing examiner.
b. SEPA Appeals. Appeals of decisions made in accordance with Chapter 16.04 BIMC, the city’s
SEPA rules, shall be made according to the procedures in that chapter. Where the appeal
concerns a substantive approval, denial, or conditional approval of a development application
based on a SEPA determination (a “substantive SEPA appeal”), the appeal hearing shall be
pursuant to subsection R.1.i of this section. Where the appeal concerns a threshold
determination regarding the applicability of SEPA or the level of SEPA review required (a
“procedural SEPA appeal”), the appeal shall also be pursuant to subsection R.1.i of this section,
but, if heard on the same date, the procedural SEPA appeal shall be heard first and the record
of the proceeding closed before the substantive appeals are heard.
c. Rules. The rules of procedure adopted under BIMC 2.14.030.C.2.b. shall address appeal
hearings before the hearing examiner. Any Such rules of procedure for appeal hearings
adopted by the hearing examiner shall will be kept published on the City’s website and
available from on file with the office of the city clerk and shall be provided to any person filing
an appeal upon request.
d. Timing. An appeal of an administrative decision shall be filed with the city clerk within 14
days of the date of the decision. This provision applies when the application (i) is exempt from
SEPA or (ii) is subject to SEPA and uses the “optional process.” An appeal of an administrative
decision shall be filed with the city clerk within 21 days of the date of decision when the project
is subject to SEPA and requires a SEPA threshold determination public comment period
pursuant to WAC 197-11-340.
e. Written Appeal Required. All appeals shall be filed in writing with the city clerk, shall identify
the decision appealed and the date of the decision, and shall contain a summary of the grounds
for the appeal.
f. Content of Appeal. Appeal hearings shall be limited to the issues specified in the written
appeal.
g. Hearing Date. Following receipt of a notice of appeal and payment of the appropriate fee, a
public hearing shall be set by the hearing examiner.
h. Related Documents. All written comments and related documents received prior to the
appeal hearing shall be transmitted to the hearing examiner no later than the hearing date. In
the case of complex or controversial appeals, the city may require that some or all materials be
submitted two or more days in advance of the hearing date.
EXHIBIT A Title 2 General Housekeeping Changes
14
i. Appeal Hearing. As stated in RCW 43.21C.075, because a major purpose of SEPA is to combine
environmental considerations with public decisions, any appeal brought under this section shall
be linked to a specific governmental action. The State Environmental Policy Act provides a basis
for challenging whether governmental action is in compliance with the substantive and
procedural provisions of this chapter. The State Environmental Policy Act is not intended to
create a cause of action unrelated to a specific governmental action. The appeal shall be heard
in accordance with RCW 43.21C.075. The appeal shall be held at an open record public hearing.
Participation in an appeal hearing is limited to the applicant, the applicant’s representative, the
appellant, the appellant’s representative, appropriate city staff and consultants, any witnesses
called by each and any nonparty who submitted written comments during the public comment
period if the hearing examiner determines that the testimony will be relevant to the issue on
appeal and nonrepetitive of the testimony of other witnesses.
i. In a SEPA procedural appeal, the procedural determination by the city’s SEPA official shall
carry substantial weight.
ii. In an appeal of a substantive decision made by the city, the criteria shall be whether (A)
the proceedings were materially affected by failure to comply with adopted procedures, or
(B) the decision is inconsistent with the BIMC criteria for that type of approval, or (C) the
evidence in the record was not adequate to support the decision.
iii. In an appeal on the substance of a SEPA determination, or substantive conditions
attached to an approval through the SEPA review process, the determination by the city’s
SEPA official shall carry substantial weight.
j. Continuation of Hearing. A hearing may be continued to a date certain without additional
notice.
k. Decision. Upon completion of the appeal hearing, the hearing examiner shall (i) affirm the
decision, (ii) reverse the decision, (iii) affirm the decision with conditions, or (iv) remand the
decision to the department director for further consideration of identified issues. The decision
of the director shall be accorded substantial weight by the hearing examiner. The hearing
examiner may include conditions as part of a decision granting or granting with conditions an
appeal to ensure conformance with BIMC, the city’s comprehensive plan and other applicable
laws or regulations.
l. Timing of Written Decision. The hearing examiner shall issue a written decision on the appeal
within 20 working days after completion of the public hearing unless the appellant and the
hearing examiner have consented to an extension of time. The written decision shall include (i)
the decision of the hearing examiner granting or denying the appeal in whole or in part; (ii) any
conditions included as part of the decision on the appeal; (iii) findings of facts upon which the
decision, including any conditions, is based and the conclusions of law derived from those facts;
and (iv) a statement of the right of a person with standing to appeal the decision of the hearing
examiner in accordance with Chapter 36.70C RCW.
m. Distribution. The hearing examiner or designee body shall provide a copy of the written
decision to the applicant, the appellant, the applicable department director, and any person
requesting the written decision or who submitted substantive comments on the application
prior to the decision.
EXHIBIT A Title 2 General Housekeeping Changes
15
2. Appeal of a Decision of the Hearing Examiner. The decision of the hearing examiner shall be final
unless, within 21 days after issuance of a decision, a person with standing appeals the decision in
accordance with Chapter 36.70C RCW or its successor.
3. Appeal of a City Council Decision on a Quasi-Judicial Matter. The decision of the city council shall
be final unless, within 21 days after issuance of a decision, a person with standing appeals the
decision in accordance with Chapter 36.70C RCW or its successor.
4. Appeals of a City Council Decision on a Legislative Matter. Appeal of a city council decision on a
development regulation, area-wide rezone and comprehensive plan amendment is governed by
state law.
2.16.030 Administrative review – In general.
A. Purpose. The purpose of this section is to establish procedures for administrative decision-making on
land use applications. These provisions apply when BIMC does not describe more detailed
administrative procedures for a specific type of application, and also supplement those more specific
administrative procedures where they exist. If there is an inconsistency between these general
administrative provisions and more detailed administrative provisions for a specific type of application
elsewhere in the BIMC, the more specific provisions shall govern.
B. Applicability. This section applies generally each time a provision of the BIMC authorizes
administrative review of a land use application. Permit specific review requirements are in relevant
subsections., except site plan and design review (which is covered under BIMC 2.16.040), including those
administrative approvals described in Chapter 16.12 BIMC, with the exception of shoreline substantial
development permit applications, shoreline conditional use permit applications, and shoreline variance
applications, which must go to the Washington Department of Ecology pursuant to WAC 173-27-130 and
RCW 90.58.140(10) for a 21-day appeal period. The specific types of applications subject to
administrative review are listed in the table in BIMC 2.16.010. When an application requires both an
administrative approval under BIMC Title 17 or Title 18 and also a shoreline jurisdiction approval under
Chapter 16.12 BIMC, those approvals may be processed simultaneously.
C. Public Comment. Any person may comment on a proposed application by submitting written
comments prior to the end of the notice of application 21-day comment period (except for those
applications for which no notice is required under BIMC 2.16.020.M).
D. Decision Procedures.
1. Criteria for Decision. In making the decision, the department director shall consider the
applicable decision criteria of this code, all other applicable law, and any necessary documents
and approvals. When no other criteria are specified, the director shall apply the following criteria:
a. The application must comply with all applicable requirements of the BIMC as well as state
and federal law.
b. The application is consistent with the adopted comprehensive plan, and specifically with
the character or intended character of the area in which the property is located, as described
in the comprehensive plan.
EXHIBIT A Title 2 General Housekeeping Changes
16
2. Environmental Review. For a land use application subject to Chapter 43.21C RCW and Chapter
16.04 BIMC, a SEPA threshold determination may be issued simultaneously with the final decision
of the land use application.
3. Planning Commission Recommendation. When written public comments are received during
the public comment period concerning the effect of the land use application on the
comprehensive plan, shoreline master program or matters not addressed by specific provisions of
this code, the director may request the planning commission to review an application and make a
written recommendation prior to the director making a decision. The planning commission will
consider the land use application at a public meeting. The planning commission shall recommend
approval, approval with conditions or denial of an application. In making a recommendation, the
planning commission shall consider the applicable decision criteria of this code, all other
applicable law, and any necessary documents and approvals. If the applicable criteria are not met,
the planning commission shall recommend the proposal be modified or denied. A planning
commission recommendation is not a final decision and therefore there is no appeal of the
recommendation. The planning commission’s written recommendation and other documents
upon which its decision is based shall be immediately transmitted to the director.
E. Single Report.
1. The department director shall prepare a single consolidated report setting forth all the
recommendations and decisions made on the application as of the date of the report.
2. The report shall state any mitigation required or proposed under the development regulations
or as required through SEPA, Chapter 43.21C RCW. The report shall include the SEPA
determination if a determination has not previously been issued.
3. If an administrative shoreline master program permit is required for the project pursuant to
Chapter 16.12 BIMC, the report shall address the requirements of that chapter.
F. Department Director Decision. The department director may approve, approve with conditions, or
deny the application based on the decision criteria, findings of fact, recommendations of the planning
commission and design review board as applicable, and any necessary documents and approvals.
G. Corrections or Clarification. The department director may amend the decision at any time to correct
clerical errors clearly identifiable from the public record. Such a correction does not affect any time limit
provided for in this chapter. The department director may clarify a statement in the written decision at
any time as long as the clarification does not materially alter the decision.
H. Effect of Decision. The decision of the department director is the final decision of the city, subject to
the appeal provisions in BIMC 2.16.020.R.
I. Revocation of Administrative Approvals. An administrative approval may be revoked by the director
upon the finding of any one or more of the following:
1. That the approval was obtained by deception, fraud or other intentional or misleading
representation; or
2. That the use for which approval was granted has been changed; or
EXHIBIT A Title 2 General Housekeeping Changes
17
3. In the case of minor conditional use permits, that the use has at any time been discontinued for
a year or more; or
4. That the permit granted is being exercised contrary to the terms or conditions of such approval
or in violation of the code; or
5. That the use for which the approval was granted was so exercised as to be detrimental to the
public health or safety.
EXHIBIT A Title 2 General Housekeeping Changes
18
2.16.060 Minor variance.
A. Purpose. Variances are the mechanism by which the city may grant relief from the provisions of the
zoning ordinance or the City of Bainbridge Island engineering and development standards where
practical difficulty renders compliance with certain provisions of the code an unnecessary hardship,
where the hardship is a result of the physical characteristics of the subject property and where the
purpose of the comprehensive plan is fulfilled. A variance is authorized only for lot coverage, size of
setbacks and/or technical engineering standards. Variances are not authorized for changes in density
requirements, building or structure height requirements, open space requirements, or expanding a use
otherwise prohibited.
B. Applicability.
1. A variance is authorized only for lot coverage, size of structure, or size of setbacks. Variances are
not authorized for changes in density requirements, building or structure height requirements,
open space requirements, or expanding a use otherwise prohibited.
1 2.The minor variance process may be used for minor deviations from zoning standards in BIMC
Title 18 as determined by the director. Minor projects should be limited to: (a) projects that are
exempt from review under the State Environmental Policy Act (SEPA), or (b) proposals for less than
a 25 percent encroachment in required yards, or (c) proposals of for less than a 25 percent increase
in lot coverage, or (d) proposals related to single-family residences on an existing lot. All other
variances shall be processed using the procedures set forth in BIMC 2.16.120.
2 3. This process may also be used for minor variation(s) from the engineering requirements of the
adopted city of Bainbridge Island engineering and development standards if the requested variation
will further the purposes of the BIMC and is approved by the department director, after
recommendation by the city engineer and/or the fire marshal.
3 4. For projects participating in a housing design demonstration project pursuant to BIMC
2.16.020.S, design guidelines may be varied if the applicant can demonstrate that deviation from
the guidelines will facilitate meeting goals of the housing design demonstration program.
4 5. This procedure is not available to obtain variances from subdivision standards in BIMC Title 17
or to obtain variances from BIMC Title 18 zoning standards cross-referenced in BIMC Title 17 as part
of a short subdivision, long subdivision, or large lot subdivision approval or amendment process,
except for those engineering standards covered by subsection B.2 of this section.
5 6. This procedure is not available to allow the siting for an accessory dwelling unit where it would
not otherwise be permitted.
6 7. A variance shall not be granted solely because of the presence of nonconformities in the vicinity
of the subject site.
7 8. The provisions of this section shall supplement those of BIMC 2.16.020 and 2.16.030. In the
event of a conflict between the provisions of BIMC 2.16.020 or 2.16.030 and this section, the
provisions of this section shall govern.
C. Procedures. Minor variances shall be approved through the general administrative review procedures
described in BIMC 2.16.030 except as described below. Application materials for minor variances can be
found in the administrative manual.
EXHIBIT A Title 2 General Housekeeping Changes
19
D. Decision Criteria.
1. A minor variance may be approved or approved with conditions if:
a. The granting of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the property is
located; and
b. The variance is requested because of special circumstances related to the size, shape,
topography, trees, groundcover, location or surroundings of the subject property, or factors
necessary for the successful installation of a solar energy system such as a particular
orientation of a building for the purposes of providing solar access; and
c. The need for a variance has not arisen from previous actions taken or proposed by the
applicant; and
d. The variance is necessary for the preservation and enjoyment of a substantial property right
possessed by other property in the same vicinity and zone, but that is denied to the property in
question because of special circumstances on the property in question, and will not constitute
a grant of special privilege inconsistent with the limitations upon uses of other properties in the
vicinity in which the property is located; and
e. The variance is consistent with all other provisions of this code, except those provisions that
are subject to the variance, and is in accord with the comprehensive plan.
2. A variance may be approved with conditions. If no reasonable conditions can be imposed that
ensure the application meets the decision criteria in subsection D.1 of this section, then the
application shall be denied.
EXHIBIT A Title 2 General Housekeeping Changes
20
E. Conversion to Major Variance. If a minor variance application has received written public comments
during the notice of application comment period concerning the effect on the land use application of the
comprehensive plan, shoreline master program or matters not addressed by specific provisions of the
BIMC, the director may determine that the application be processed as a major variance. (Ord. 2011-02
§ 2 (Exh. A), 2011)
EXHIBIT A Title 2 General Housekeeping Changes
21
2.16.100 Quasi-judicial review by hearing examiner – In general.
A. Purpose. The purpose of this section is to describe those general procedures that apply whenever
state law or the BIMC require a public hearing before a hearing examiner and a recommendation or
decision by the hearing examiner.
B. Applicability. This section applies each time a provision of this code authorizes a recommendation or a
final decision by the hearing examiner. The specific types of applications subject to review by the
hearing examiner are listed in the table in BIMC 2.16.010. The provisions of this section are
supplemented by more detailed provisions in BIMC 2.16.110, 2.16.120, 2.16.160, 2.16.165, and/or
16.20.080.
C. Procedures.
1. SEPA Environmental Review. For a land use application subject to Chapter 43.21C RCW and
Chapter 16.04 BIMC, the SEPA threshold determination shall be issued and any required public
comment period shall be completed prior to a public hearing.
2. Planning Commission Review and Recommendation. When written public comments are received
during the public comment period concerning the effect of the land use application on the
comprehensive plan, the shoreline master program, or matters not addressed by specific provisions
of this code, the director or the hearing examiner may request planning commission review and
recommendation pursuant to the procedures in BIMC 2.14.020.G prior to the final decision.
3. Single Report.
a. The director shall prepare a single consolidated report setting forth all the recommendations
and decisions made on the application as of the date of the report.
b. The report shall state any mitigation required or proposed under the development
regulations or as required by SEPA, Chapter 43.21C RCW, and shall include the SEPA
determination if a determination has not previously been issued.
c. If a shoreline master program permit is required for the project pursuant to Chapter 16.12
BIMC, the report shall address the requirements of that section.
d. The director’s report shall be presented to the hearing examiner at the public hearing.
4. Public Hearing. The hearing examiner shall hold a public hearing prior to issuing a decision. The
purpose of the public hearing is to review a proposed project for consistency with the BIMC,
appropriate elements of the comprehensive plan and all other applicable law, and to provide an
opportunity for the public to comment on the project and its compliance with the municipal code,
the comprehensive plan and all other applicable law. The hearing examiner shall maintain a record
of the exhibits presented and a recording of the testimony and arguments presented, which shall be
kept by the city clerk. Any rules of procedure for hearings adopted by the City Council hearing
examiner shall will be published on the City’s website and available from kept on file with the office
of the city clerk upon request. A hearing may be continued to a date certain without additional
notice.
EXHIBIT A Title 2 General Housekeeping Changes
22
5. Participation in the Public Hearing. Any person may participate in the public hearing. The hearing
examiner has discretion to limit testimony to relevant, nonrepetitive comments and to set time
limits.
6. Hearing Examiner Action.
a. The hearing examiner may approve, approve with conditions, deny, or remand an
application.
b. In making a decision, the hearing examiner shall consider the applicable decision criteria of
this code, all other applicable laws, recommendations of the planning commission and design
review board, testimony presented at the hearing, and any necessary documents and
approvals. In the case of decisions involving properties subject to the shoreline jurisdiction of
Chapter 16.12 BIMC, the hearing examiner shall also consider consistency with the
requirements of the shoreline master program.
c. The hearing examiner shall issue a written decision in accordance with BIMC 2.16.020.M.7,
within 10 working days of the public hearing, unless a longer period is agreed upon by the
hearing examiner and the applicant or appellant. If the hearing examiner and the applicant or
appellant agree on a longer period for issuance of the written decision, the examiner shall
provide notice of the extension to the applicant or appellant, the city, and any person who
testified at the hearing or submitted written testimony for consideration at the hearing.
d. The hearing examiner shall file the decision with the city clerk’s office.
7. Motion for Reconsideration. The rules of procedure adopted under BIMC 2.14.030.C.2.b. shall
allow a party of record to file, within a reasonable period of time specified by such rules, a motion
for reconsideration of a recommendation or decision issued by the hearing examiner. A motion for
reconsideration may be filed to correct substantive errors. Such motion shall be filed in writing 10
days from the date the hearing examiner’s decision was filed. The motion shall be decided on the
record unless, at the hearing examiner’s discretion, further public hearing is necessary. If a timely
and appropriate request for reconsideration is filed, the appeal period shall begin from the date the
decision on the reconsideration is issued.
8. Corrections or Clarification. The hearing examiner at any time may amend the decision to correct
clerical errors clearly identifiable from the public record. Such correction does not affect any time
limit provided for in this chapter. The hearing examiner may clarify a statement in the written
decision as long as the clarification does not materially alter the decision.
9. Effect of Decision.
a. On matters that do not involve shoreline conditional uses or shoreline variances, the decision
of the hearing examiner is the final decision of the city, subject to the appeal provisions in BIMC
2.16.020.R.2.
b. Pursuant to RCW 90.58.140(10) and WAC 173-27-130, final decisions involving shoreline
conditional use permits and shoreline variances are made by the Washington State Department
of Ecology. For these types of applications, the hearing examiner’s decision is a
recommendation subject to approval, approval with conditions, or denial by that department.
EXHIBIT A Title 2 General Housekeeping Changes
23
10. Revocation of Quasi-judicial Approvals. An approval or permit granted by the hearing examiner
may be revoked by the hearing examiner following the procedures in this section upon the finding
of any one or more of the following:
a. That the approval was obtained by deception, fraud or other intentional or misleading
representation; or
b. That the use for which approval was granted has been changed; or
c. In the case of major conditional use permits, that the use has at any time been discontinued
for a year or more; or
d. That the permit granted is being exercised contrary to the terms or conditions of such
approval or in violation of the BIMC; or
e. That the use for which the approval was granted was so exercised as to be detrimental to the
public health or safety. (Ord. 2011-21 § 4, 2011: Ord. 2011-02 § 2 (Exh. A), 2011)
2.16.165 Shoreline master program administration.
E. Statement of Exemption from Shoreline Substantial Development Permit.
1. Purpose and Applicability. Certain development activities identified in WAC 173-27-040 are
exempt from the requirement to secure a shoreline substantial development permit; however, a
shoreline variance or shoreline conditional use permit may still be required. State law requires that
exemptions be construed narrowly. Exemption from substantial development permit procedures
does not constitute exemption from compliance with the policies and use regulations of the SMA
(Chapter 90.58 RCW), the provisions of the master program, or applicable city, state or federal
permit requirements. Applicants shall have the burden to demonstrate that the proposal complies
with the requirements for the exemptions sought as described under WAC 173-27-040 or its
successor. If any part of a proposed development is not eligible for exemption, then a substantial
development permit is required for the entire proposed development project, pursuant to WAC
173-27-040(d) or its successor.
2. Procedure.
a. In the case of an emergency, the administrator may waive this requirement and authorize
the use or activity orally or in writing. If authorized orally, the applicant shall submit a required
application as soon as possible.
b. The administrator shall decide requests for a statement of exemption based on WAC 173-27-
040 or its successor and the provisions of the Shoreline Management Act and the master
program.
c. Before determining that a proposal is exempt, the administrator may conduct a site
inspection to ensure that the proposal meets the exemption criteria.
d. Exempt developments and activities shall comply with the Shoreline Management Act and
the master program. The administrator shall condition statements of exemption to ensure the
exempt development or activity complies with the Shoreline Management Act and the master
program.
EXHIBIT A Title 2 General Housekeeping Changes
24
e. In the case of development subject to the policies and regulations of the master program,
but exempt from the substantial development permit process, shoreline management
requirements may be made conditions of the building permits and/or other permits and
approvals. For example, the approval of a building permit for a single-family residence can be
conditioned with provisions from the master program.
f. Whenever a development falls within the exemptions stated in WAC 173-27-040 or its
successor, but is still subject to those permits listed in WAC 173-27-040 (as amended), a letter
exempting the development from the substantial development permit requirements of Chapter
90.58 RCW or its successor shall be given to the applicant and Department of Ecology.
3. Decision Criteria.
a. Exemptions shall be narrowly construed. When making the determination, the administrator
shall grant a statement of exemption only when the development proposed is consistent with
the following:
i. The applicable policies, guidelines, and regulations of the Shoreline Management Act of
1971; Chapter 90.58 RCW, as amended; and Chapters 173-26 and 173-27 WAC or their
successors;
ii. The goals, policies, objectives and regulations of the city of Bainbridge Island shoreline
master program;
iii. The city of Bainbridge Island comprehensive plan and municipal code; all other applicable
law; and any related documents and approvals.
4. Action of Administrator. The administrator may grant, deny, or conditionally approve the
shoreline exemption request. The approval or conditional approval will become conditions of
approval for any related development permit, and no development permit will be issued unless it is
consistent with the statement of exemption. A copy of the city’s statement of exemption shall be
filed with the Department of Ecology.
5. Application Time Frame. The approval for a shoreline exemption shall be the same as the
expiration date of the development permit. All conditions of the approval for a shoreline exemption
shall be included in the conditions of approval granted for the development permit.
6. Appeal. Any person aggrieved by the administrator’s determination on a shoreline exemption
request may be appealed, except as stated below, using the applicable appeal provision of
subsection I of this section. If a proposed development activity also requires approval through other
permit procedures, any appeal of a shoreline exemption requires will be heard as part of that other
process.
F. Shoreline Substantial Development Permit.
1. Purpose and Applicability. Substantial development is any development of which the total cost or
fair market value exceeds $6,416 the amount established by WAC 173-27-040 (see city’s fee
schedule) or any development which materially interferes with the normal public use of the waters
or shorelines of the state, except those exempted developments set forth in subsection E of this
section, consistent with WAC 173-27-040 or its successor.
EXHIBIT A Title 2 General Housekeeping Changes
25
2. Procedure. Shoreline substantial development permits shall be approved through the general
administrative review procedures described in BIMC 2.16.030 except as described below.
Application materials for shoreline substantial development permits can be found in the
Administrative Manual.
a. Public Comment. The city shall not make a decision on the permit until after the end of the
comment period.
i. A 30-day public comment period shall be given for shoreline permits.
ii. The public comment period shall be 20 days for substantial development permits for a
limited utility extension or for erosion control measures to protect a single-family residence
and its appurtenant structures. (See shoreline master program definition of “limited utility
extension,” Chapter 16.12 BIMC.)
iii. SEPA review shall be conducted as provided by Chapter 16.04 BIMC, Environmental
Policy, or its successor. The required SEPA notices should be included with the shoreline
notices when possible. The SEPA documents should be circulated with permit documents
where possible.
3. Decision and Criteria. After the 30-day comment period has ended, the administrator shall issue a
decision on the application.
a. The administrator may approve, approve with modifications, or deny any substantial
development permit.
b. Decision Criteria.
i. In making the decision, the administrator shall grant a substantial development permit
only when the development proposed is consistent with the following:
(A) The applicable policies, guidelines, and regulations of the Shoreline Management
Act of 1971; Chapter 90.58 RCW, as amended; and Chapters 173-26 and 173-27 WAC
or their successors;
(B) The goals, policies, objectives and regulations of the city of Bainbridge Island
shoreline master program;
(C) The city of Bainbridge Island comprehensive plan and municipal code; all other
applicable law; and any related documents and approvals.
ii. The administrator shall also consider whether the cumulative impact of additional past
and future requests that reasonably may be made in accordance with the comprehensive
plan, or similar planning document, for like actions in the area will result in substantial
adverse effects on the shoreline environment and shoreline resources.
c. The applicant(s) shall have the burden of proving that a proposed development is consistent
with the approval criteria and master program policies and regulations (WAC 90.58.140(7) or its
successor).
d. The administrator may require additional information if necessary.
EXHIBIT A Title 2 General Housekeeping Changes
26
e. The administrator shall issue a written decision which contains the following:
i. A statement indicating the application is approved, approved with modifications, or
denied;
ii. A statement of any conditions included as part of an approval or approval with
modifications;
iii. A statement of facts upon which the decision, including any conditions, is based, and the
conclusions derived from those facts; and
iv. A statement of the right of any person to appeal the decision of the administrator
pursuant to subsection I of this section.
f. The administrator may refer the application to the planning commission for review and
recommendations prior to deciding the application. The application shall also be referred to the
planning commission for a recommendation at the request of the applicant. The planning
commission makes its recommendation following its review of the proposal, the environmental
checklist, and the tentative threshold determination.
g. The permit, whether approved or denied, shall be in the form required by WAC 173-27-120
or its successor.
4. Distribution/Notification of Administrative Decision.
a. The administrator shall mail the applicant the original of the completed permit form and the
findings and conclusions.
b. All persons who submitted comments on the application during the comment period (see
subsection F.2 of this section) and anyone else requesting notification in writing shall be
notified in a timely manner of the decision and shall be mailed a copy of the decision. Pursuant
to WAC 173-27-130, the decision shall be filed with the Washington State Department of
Ecology and the Washington State Office of the Attorney General.
5. Application Time Frame.
a. Substantial Progress.
i. Substantial progress towards completion of a permitted activity shall be undertaken
within two years after approval of the permit (WAC 173-27-090 or its successor). See
definition of “substantial progress” in BIMC 16.12.080.
ii. The administrator may, with prior notice to parties of record and to Ecology, grant one
extension of the two-year time period for substantial progress for up to one year based on
reasonable factors which would justify the extension, including the inability to expeditiously
obtain other governmental permits which are required prior to the commencement of
construction (WAC 173-27-090 or its successor). The request for the extension must be filed
with the administrator before the end of the time limit.
b. Five Year Permit Authorization.
EXHIBIT A Title 2 General Housekeeping Changes
27
i. The authorization granted by an approved permit to construct any structure or conduct
any use or activity shall terminate five years after the date the permit is approved by the
city, except that the permit may be authorized for a lesser period of fixed duration.
ii. Where an approved permit authorizes construction, the use and maintenance of the
structure or facility may continue after the five-year period, provided the structure was
completed during the five-year time limit or any approved extension.
iii. Where an approved permit authorizes a use or activity which does not require a
structure, such as mining or maintenance dredging, the use or activity shall cease at the end
of the five-year limit or any extension as granted in subsection F.4.b.iv of this section.
iv. The administrator may, with prior notice to parties of record and to Ecology, grant one
time extension of up to one year based on reasonable factors which would justify the
extension. The request for the extension must be filed with the administrator before the
end of the time limit.
c. The application time limits shall not include the time during which an activity was not
actually pursued due to the pendency of reasonably related administrative appeals or litigation.
d. When a permit is conditioned, the conditions shall be satisfied prior to occupancy or use of a
structure, or prior to commencement of a nonstructural activity, provided an alternative
compliance limit may be specified in the permit.
e. Revisions to permits may be authorized after the original permit has expired under
subsection F.5.b of this section, provided this procedure shall not be used to extend the original
permit time requirements (WAC 173-27-060 or its successor).
6. Adjustments to Approved Shoreline Substantial Development Permits.
a. Minor adjustments to an approved shoreline substantial development permit may be made
after review by the administrator. The applicant must submit detailed plans and text describing
the proposed changes. If the administrator determines that the revisions proposed are within
the scope and intent of the original permit, consistent with WAC 173-27-100 or its successor,
the administrator may approve the revision as a minor adjustment.
b. A minor adjustment entails a revision that is within the scope and intent of the original
permit, which means all of the following:
i. No additional over-water construction is involved, except that pier, dock, or float
construction may be increased by 500 square feet or 10 percent, whichever is less;
ii. Ground area coverage and height is not increased more than 10 percent;
iii. Additional structures located landward and not within required buffer or setback areas
do not exceed a total of 250 square feet;
iv. The revision does not authorize development to exceed height, setback, lot coverage, or
any other requirement of the city of Bainbridge Island shoreline master program;
EXHIBIT A Title 2 General Housekeeping Changes
28
v. Additional landscaping is consistent with conditions, if any, attached to the original permit
and with the applicable master program provisions;
vi. The use authorized pursuant to the original permit is not changed; and
vii. No adverse, environmental impact will be caused by the project revision (WAC 173-27-
064(2)(a) through (g) as amended).
c. If the sum of the proposed revision and any previously approved revisions do not meet the
criteria above, the revision shall be reviewed through a major adjustment process. This shall be
processed in the same manner as a new shoreline substantial development permit application.
If the adjustment involves a conditional use or shoreline variance which was conditioned by the
Department of Ecology, the adjustment also must be reviewed and approved by Ecology (WAC
173-27-064 or its successor).
d. A city or Ecology decision on a minor or major adjustment to the permit may be appealed
within 21 days of such decision, in accordance with RCW 90.58.180 or its successor, and WAC
173-27-064 or its successor.
e. Construction allowed by the revised permit that is not authorized under the original permit is
undertaken at the applicant’s risk until the expiration of the appeals deadline.
7. Appeal. The decision of the administrator may be appealed to the hearing examiner following the
procedures of subsection I of this section.
H. Shoreline Conditional Use Permits. Where a development includes several uses or activities and one
or more uses or activities require a shoreline conditional use permit, all uses and activities shall be
processed and decided following the shoreline conditional use procedures.
1. Purpose. The purpose of a shoreline conditional use permit is to allow greater flexibility in
applying the use regulations of the master program in a manner consistent with the policies of RCW
90.58.020 or its successor; provided, that shoreline conditional use permits should also be granted
in a circumstance where denial of the permit would result in a thwarting of state policy enumerated
in RCW 90.58.020 or its successor. In authorizing a conditional use, special conditions may be
attached to the permit by the city or the State Department of Ecology to prevent undesirable
effects of the proposed use. Uses which are specifically prohibited by the master program may not
be authorized with approval of a shoreline conditional use permit.
2. Applicability.
a. Minor Conditional Use. As determined by the director, this procedure shall apply to (i) all
minor conditional uses identified in Chapter 16.12 BIMC; (ii) where the director determines
that the anticipated impacts of those conditional uses will be minor or minimal; or (iii) uses that
are clearly consistent and compatible with other uses in the same zone or vicinity.
b. Major Conditional Use. As determined by the administrator, a major conditional use permit
shall be secured from the city prior to establishing or expanding a use according to situations
that include, but are not limited to: (i) the proposed use or expansion covers 50 percent or
greater of the total lot area; (ii) the proposed use is accessed by a local or private road; (iii) the
proposed use or expansion generates more than 36 total trips per day; (iv) the proposed use or
EXHIBIT A Title 2 General Housekeeping Changes
29
expansion contains four or more units in a multifamily dwelling; or (v) requests for additional
nonresidential building height pursuant to Chapter 16.12 BIMC.
3. Procedure.
a. Application. An application for a shoreline conditional use permit shall be submitted on a
form provided by the city. The application should be accompanied by maps, a completed
environmental checklist, applicable fees, and any other information specified in the master
program or requested by the administrator.
b. Minor Shoreline Conditional Use.
i. The administrator shall review a minor shoreline variance conditional use application
following procedures in subsection F.2 of this section.
c. Minor Shoreline Conditional Use. Applications for shoreline variances conditional uses that
are more intensive than the minor shoreline variance conditional use as determined by the
administrator shall be decided by the hearing examiner following the procedures in BIMC
2.16.100, or its successor, supplemented by the following provisions:
i. The decision of the hearing examiner shall be the final city decision, and may be appealed
in accordance with subsection I of this section.
d. Notice of Application and Comment Period. In addition to the notice of application content
established in BIMC 2.16.020.M, notice of application for shoreline conditional use permits
must also contain the information required under WAC 173-27-110.
e. Notice of Hearing. When a public hearing is required, the procedures of BIMC 2.16.020.M.6
shall apply.
f. The administrator shall mail the final city decision to the applicant, the State Department of
Ecology, and the State Attorney General. The permit must be received by Ecology within eight
days of the date of the decision. Within eight days of the date of the decision, the administrator
shall also mail the decision to any person who requested notice of the decision.
g. The State Department of Ecology shall approve, approve with conditions, or deny all
shoreline conditional use permits approved by the city. Ecology’s decision must be made within
30 days of the date the permit and other information required by WAC 173-14-090 or its
successor are received by Ecology and the Washington State Attorney General. Ecology will
send a letter to the applicant and the city informing them of the decision. Upon receipt of the
Ecology decision, the administrator shall notify those interested persons who requested
notification.
4. Decision Criteria – Conditional Use Permit.
a. Uses classified as conditional uses may be authorized; provided, that pursuant to WAC 173-
27-140 and 173-27-160 or their successors, the applicant can demonstrate all of the following:
i. The proposed use will be consistent with the policies of RCW 90.58.020 or its successor
and the policies of the master program;
EXHIBIT A Title 2 General Housekeeping Changes
30
ii. The proposed use will not interfere with the normal public use of the public shorelines;
iii. That the proposed use of the site and design of the project is compatible with other
authorized uses within the area and with uses planned for the area under the
comprehensive plan and shoreline master program;
iv. The proposed use will cause no unreasonably adverse effects to the shoreline
environment designation in which it is located;
v. The public interest suffers no substantial detrimental effect (WAC 173- 14-140(1) or its
successor); and
vi. The proposed use is consistent with the provisions of the zoning ordinance (BIMC Title
18).
b. Other uses which are not listed in the master program as permitted or conditional uses and
are also not prohibited may be authorized as conditional uses, provided the applicant can
demonstrate, in addition to the criteria set forth in subsection H.4.a of this section, that (i)
extraordinary circumstances preclude reasonable economic use of the property in a manner
consistent with the policies of RCW 90.58.020, or its successor, and that (ii) the proposed use
would not produce significant adverse effects on the shoreline environment.
c. In the granting of all shoreline conditional use permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area.
5. Time Frame. Construction and activities authorized by a shoreline conditional use permit are
subject to the time limitations in subsection F.5 of this section (WAC 173-27-090 or its successor).
6. Adjustments to Approved Shoreline Conditional Use Permit.
a. A permit revision is required whenever an applicant proposes substantive changes to the
design, terms or conditions of a project from that approved as a shoreline conditional use
permit. When a revision of a shoreline conditional use permit is sought, the applicant shall
submit detailed plans and text describing the proposed changes in the permit and
demonstrating compliance with the following minimum standards pursuant to Chapter 173-27
WAC.
b. If the proposed changes are determined by the administrator to be within the scope and
intent of the original permit, and are consistent with the SMA (Chapter 90.58 RCW), the
shoreline guidelines (Chapter 173-26 WAC), and the shoreline master program, the revisions
may be approved as a minor adjustment.
c. A minor adjustment entails a revision that is within the scope and intent of the original
permit, which means all of the following:
i. No additional over-water construction is involved except that a pier, dock or floating
structure may be increased by 10 percent or 500 square feet, whichever is less, over that
approved under the original approval;
ii. Ground area coverage and/or height may be increased a maximum of 10 percent over
that approved under the original approval; provided, that the revised approval does not
EXHIBIT A Title 2 General Housekeeping Changes
31
authorize development to exceed the height, impervious surface, setback or any other
requirements of this program except as authorized under a variance granted for the original
development;
iii. Additional or revised landscaping is consistent with any conditions attached to the
original approval and with this program;
iv. The use authorized pursuant to the original approval is not changed; and
v. The revision will not cause adverse environmental impacts.
d. Revisions to shoreline permits and statements of exemption may be authorized after the
original authorization has expired. Revisions made after the expiration of the original approval
shall be limited to changes that are consistent with this program and that would not require a
permit under this program. If the proposed change is a substantial development as defined by
this program, then a new permit is required. The provisions of this subsection shall not be used
to extend the time requirements or to authorize substantial development beyond the time
limits or scope of the original approval.
e. A new permit shall be required if the proposed revision and any previously approved
revisions in combination would constitute development beyond the scope and intent of the
original approval.
f. Upon approval of a revision, the decision maker shall file a copy of the revised site plan and a
detailed description of the authorized changes to the original permit with the Department of
Ecology together with a final ruling and findings supporting the decision based on the
requirements of this section. In addition, the decision maker shall notify parties of record of the
action.
g. If the proposed revision is to a development for which a shoreline conditional use or variance
was issued, the decision maker shall submit the revision to the Department of Ecology for
approval, approval with conditions, or denial, and shall indicate that the revision is being
submitted under the requirements of this subsection. Under the requirements of WAC 173-27-
110(6), the Department shall render and transmit to the decision maker and the
applicant/proponent its final decision within 15 days of the date of the Department’s receipt of
the submittal from the decision maker. The decision maker shall notify parties on record of the
Department’s final decision.
7. Appeal of Decision on Conditional Use Permit. The decision of the hearing examiner may be
appealed to the following the procedures of subsection I of this section.
EXHIBIT B
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use Additional use restrictions for Chapters 16.12 and
16.20 BIMC may apply to shoreline or critical area
properties “C” = Conditional Use “CA” = Conditional Accessory Use
Blank = Prohibited Use “T” = Temporary Use
ZONING DISTRICT
R-
0.4 R-1 R-2 R-
2.9
R-
3.5
R-
4.3 R-5 R-6 R-8 R-
14
Winslow Mixed Use
Town Center HSR
I
and
II
NC B/I WD-
I
Use-
Specific
Standards
BIMC
18.09.030 USE CATEGORY/TYPE CC MA EA Gate Ferry
[1]
TEMPORARY USES
Temporary Construction Building T T T T T T T T T T T T T T T T T T T J-1
Temporary Construction Staging T T T T T T T T T T T T T T T T T T T J-2
Temporary Container Storage T T T T T T T T T T T T T T T T T T T J-2 3
Temporary Commercial Parking T T T T T T J-3 4
Temporary Public Events or Gatherings T T T T T T T T T T T T T T T T T T J-4 5
Temporary Ferry Commuter Parking T T T J-5 6
Temporary Noncommuter Parking T J-6 7
Temporary Seasonal Sales T T T T T T T T J-7 8
Temporary Homeless Encampment T T T T T T T T T T T T T T T T T T T J-8 9
EXHIBIT C Title 18 Zoning Housekeeping Changes
1
18.09.030 Use-specific standards.
Regardless of whether a use is allowed as a permitted (“P”) use or as a conditional (“C”) use and
regardless of the zoning district in which the use is located there may be additional standards that are
applicable to the use, and the use must comply with such standards except as authorized by this code.
The existence of these use specific standards is noted in the column headed “Use Specific Standards” in
Table 18.09.020, which cross-references the section of the code that imposes the additional standard.
18.09.030.B. Residential.
3. Commercial/Residential Mixed Use Development. Principal and accessory uses shall comply with
the all applicable development standards and performance standards of BIMC Title 18 of the NC
district as well as the other standards listed here.
a. Repealed by Ord. 2018-13.
b. In the NC district, residential units must be located above the ground floor if the building is
located on a collector or secondary arterial or higher road classification; however, for mixed use
projects, if the building fronts on a local or private street, residential units can be located on the
ground floor. Density for mixed use projects in the NC district shall be calculated pursuant to
BIMC 18.12.030.D.
18.09.030.D. Commercial Sales and Service.
7. Professional Services.
a. In the ferry terminal overlay district, professional services may be located anywhere south of
Winslow Way.
b. In the ferry terminal overlay district, north of Winslow Way, professional services are
permitted only along Winslow Way, within 100 feet north of Winslow Way. Buildings shall have
customer entrances on Winslow Way.
c. In the B/I district, professional offices shall be limited to those that do not provide services
directly to the general public or attract customers from the general public. For example,
accountants’, lawyers’, and architects’ offices are not permitted. Establishments that provide
professional services to other businesses are permitted, such as civil, mechanical, or electrical
engineers and research and development establishments
18.09.030.J. Temporary Uses
2. Temporary Construction Staging [NOTE: NEW USE]
a. A temporary construction staging permit must be issued by the Department of Planning and
Community prior to staging activities commencing. Staging on publicly-owned property,
such as property owned by the city or the Bainbridge Island Metropolitan Park and
Recreation District, is exempt from the staging permit requirement.
b. For construction that requires a development permit, such as a grading or building permit,
the temporary construction staging permit cannot be issued until all related development
permits are issued. Temporary construction staging shall be exempt from site plan and
EXHIBIT C Title 18 Zoning Housekeeping Changes
2
design review pursuant to BIMC 2.16.040. The application shall be processed as an
administrative approval under BIMC 2.16.020, including noticing requirements.
c. The staging area and the access to the temporary construction staging property must
comply with any applicable regulations of the BIMC and the Design and Construction
Standards Manual in order to minimize the inconvenience to neighboring properties, and to
protect public health, safety, and the environment.
d. Any temporary structures must not be permanently affixed to the lot.
e. Temporary construction staging shall not interfere with public non-motorized pathways
including sidewalks.
f. Temporary construction staging may not exceed 9 months. This time limitation does not
apply to publicly-owned properties or public construction projects. To prevent serial use of a
property as temporary construction staging, a property shall not be utilized for temporary
construction staging for more than eighteen months within a 5-year period. The department
may grant one extension of a permit authorizing temporary construction staging for a period
not to exceed 180 days if:
i. A request for an extension is received by the department no later than 30 days prior to
the expiration of the permit;
ii. Termination of the permit would result in an unreasonable hardship to the applicant;
and
iii. An extension of the permit will not cause substantial detriment to existing uses in the
immediate vicinity of the subject property.
g. Temporary construction staging shall be removed and the property restored to pre-
construction conditions to the satisfaction of the city within 30 days after related
construction is complete. The city may request that the applicant submit a restoration
surety to ensure compliance.
h. The use of any temporary construction staging shall comply with the air quality emissions
performance standards of BIMC 18.06.030.B.2.
EXHIBIT C Title 18 Zoning Housekeeping Changes
3
18.12.020 Tables of dimensional standards.
Tables 18.12.020-1, 18.12.020-2, and 18.12.020-3 set forth applicable dimensional standards. Where a property is located in more than one zone
district, units permitted by density calculations within each zone district must be constructed on the portion of the property located within that
zone district and required setbacks for each zone district must be met. Permitted densities are not “blended” across the zone district line.
Table 18.12.020-2 Standard Lot Dimensional Standards for Residential Zone Districts
[Numbers in brackets indicate additional requirements listed at the end of the table]
ZONING DISTRICT R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14 DIMENSIONAL STANDARD
MINIMUM SETBACKS
Note: Landscaped areas may serve as setbacks (i.e., setbacks are not in addition to landscaped areas), and some encroachments into setback
areas are permitted pursuant to BIMC 18.12.040.
Note: Additional setbacks may be required by:
(a) Chapter 16.08 or 16.12 BIMC, or
(b) Chapter 16.20 BIMC, Critical Areas, or
(c) BIMC 16.28.040, mining regulations, or
(d) BIMC 18.09.030, Use Specific Standards, or
(e) BIMC 18.12.030.F 16.12.030.B.3.i., Shoreline Structure Setbacks, or
(f) BIMC 18.15.010, Landscaping and Screening.
Shoreline Jurisdiction See Table 16.12.030-2, Dimensional Standards Table, and BIMC 18.12.030.F 16.12.030.B.3.i., Shoreline Structure
Setbacks.
MAXIMUM BUILDING AND STRUCTURE HEIGHT [4]
Note: Bonus may not be available in the shoreline jurisdiction
EXHIBIT C Title 18 Zoning Housekeeping Changes
4
Table 18.12.020-2 Standard Lot Dimensional Standards for Residential Zone Districts
[Numbers in brackets indicate additional requirements listed at the end of the table]
ZONING DISTRICT R-0.4 R-1 R-2 R-2.9 R-3.5 R-4.3 R-5 R-6 R-8 R-14 DIMENSIONAL STANDARD
Exemption Alternative height limits may apply for nonresidential uses if additional conditional use permit provisions of BIMC
Title 2 are met. Some encroachments through height limits are permitted under BIMC 18.12.040.
Shoreline Jurisdiction See Table 16.12.030-2, Dimensional Standards Table, and BIMC 18.12.030.F 16.12.030.B.3.i., Shoreline Structure
Setbacks.
[4] For community and educational facilities (as listed in Table 18.09.020), spires, towers and other vertical features with horizontal cross-
sections no more than five percent of the footprint of the primary structure may have a maximum height of 10 feet above the maximum base
height, and shall be reviewed through a conditional use permit.
Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts
ZONING DISTRICT Winslow Mixed Use Town Center HSR
I
and
II
NC B/I WD-I
DIMENSIONAL STANDARD
Central Core
Overlay
Madison
Avenue
Overlay
Ericksen
Avenue
Overlay
Gateway
Overlay
Ferry Terminal Overlay [See
BIMC 18.12.030.C]
SETBACKS (Minimum required unless otherwise noted) [4]
Note: Landscaped areas may serve as setbacks and, in some cases, may exceed the setback requirements.
Note: Additional setbacks may be required by:
(a) Chapter 16.12 BIMC, Shoreline Master Program; or
(b) Chapter 16.20 BIMC, Critical Areas; or
(c) BIMC 16.28.040, mining regulations; or
(d) BIMC 18.09.030, Use Specific Standards; or
(e) BIMC18.12.030.F 16.12.030.B.3.i., Shoreline Structure Setbacks.
EXHIBIT C Title 18 Zoning Housekeeping Changes
5
Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts
ZONING DISTRICT Winslow Mixed Use Town Center HSR
I
and
II
NC B/I WD-I
DIMENSIONAL STANDARD
Central Core
Overlay
Madison
Avenue
Overlay
Ericksen
Avenue
Overlay
Gateway
Overlay
Ferry Terminal Overlay [See
BIMC 18.12.030.C]
Shoreline Jurisdiction See Table 16.12.030-2, Dimensional Standards Table, and BIMC18.12.030.F 16.12.030.B.3.i., Shoreline Structure
Setback Lines
MAXIMUM BUILDING AND STRUCTURE HEIGHT [5]
Note: Bonus may not be available in the shoreline jurisdiction
Base 35 ft.; 25 ft.
max. south
of Parfitt
25 ft.; 35 ft.
north of High
School Road
25 ft. 35 ft. BIMC 18.12.030.C standard
height north of Winslow
Way; 35 ft. south of
Winslow Way
35
ft.
35
ft.
35
ft.
35 ft. except that
Chapter 16.12 BIMC
applies within shoreline
jurisdiction
Bonus 1 if parking under
building [6]
45 ft.; 35 ft.
south of
Parfitt
35 ft.; 45 ft.
north of High
School Road
35 ft. 45 ft. BIMC 18.12.030.C optional
height north of Winslow
Way; 45 ft. south of
Winslow Way
45
ft.
Bonus 2 for
Nonresidential Uses with
Major Conditional Use
Permit
45
ft.
45
ft.
45 ft.
Bonus 3 Structure Height Alternative height limits may apply if the conditional use permit provisions of BIMC Title 2 are met. Some
encroachments through height limits are permitted under BIMC 18.12.040.
[4] When property adjoins a single-family residential zone, building setback shall be in accordance with the landscape ordinance perimeter
landscaping requirements.
EXHIBIT C Title 18 Zoning Housekeeping Changes
6
[5] When property adjoins a lower density residential zone, except in the ferry terminal district, north
of Winslow Way, for the first 30 feet of the building from the property line of an adjoining lower density
residential zone, the building height shall be the building height of the adjoining lower density
residential zone. Optional building height allowed in the adjoining lower density residential district
through a conditional use permit may be requested for projects within the Mixed Use Town Center and
High School Road zones through the site plan review process. For building height requirements in the
ferry terminal district, north of Winslow Way, reference BIMC 18.12.030.C.
[6] The bonus height is only available when parking is located underground or under the occupiable
space of the planned building for the entire building if parking is located under more than 50 percent of
the building footprint. If parking is located under 50 percent or less of the building footprint occupiable
space, the bonus may only be used for a portion of the building footprint twice as large as the area with
parking located beneath.
18.12.040 Modifications to required setbacks and heights.
A. Permitted Setback/Height Modifications. Minimum and maximum setbacks and maximum heights
established in Tables 18.12.020-1, 18.12.020-2, and 18.12.020-3 and in BIMC 18.12.030 may be
encroached as set forth in Table 18.12.040 and may also be modified by applicable provisions of
adopted fire codes, the shoreline master program, and/or the building code. These modifications are
not permitted in required perimeter or roadside buffers.
Table 18.12.040: Permitted Setback/Height Modifications
Type of Encroachment
Encroachment
Permitted Conditions
Permitted Setback Modifications
Fence or combined fence and
berm up to 6 feet high
In any required setback
subject to applicable
regulations in BIMC
Title 15
Except as provided in BIMC 18.12.040.B and
Chapter 16.12 BIMC
Nonscreening fences or
combined nonscreening
fence and berm up to 8 feet
high
In any required setback
subject to applicable
regulations in BIMC
Title 15
Except as provided in Chapter 16.12 BIMC
Chimneys, flues, awnings, bay
windows, and greenhouse
windows
Up to 18 inches into any
required setback
Covered porches, bay
windows and eaves within
the Ericksen Avenue overlay
district
Up to 5 feet into the
front yard
Bay windows must be cantilevered outward
from the wall, and may not result in any portion
of the building floor area extending into the
setback
EXHIBIT C Title 18 Zoning Housekeeping Changes
7
Table 18.12.040: Permitted Setback/Height Modifications
Type of Encroachment
Encroachment
Permitted Conditions
Any structures, including but
not limited to uncovered
steps, porches, and decks less
than or equal to 30 inches in
height
Up to 2 feet into front
and side setbacks. Up to
5 feet into required rear
setbacks.
Eaves May extend up to 24
inches in any required
setback except
shoreline structure
setback
At or near grade structures
such as uncovered patios,
sidewalks, and driveways
In any required setback May not exceed 4 inches in height
Signs In any required setback Must conform to Chapter 15.08 BIMC
Overhead or underground
accessory utilities accessory
to a single-family residence
In any required setback,
perimeter or roadside
buffer
Must conform to Chapters 16.12 and 16.20
BIMC. Does not apply to above ground utilities
such as propane tanks.
Composting bins In side or rear setback
areas
Bioretention/rain gardens In any required setback In accordance with Chapter 15.20 BIMC
Rain barrels/cisterns In any required setback In accordance with Chapter 15.20 BIMC
Wall-mounted on-demand
hot water heaters
Up to 18 inches into
side or rear setbacks
Permitted if buffered or enclosed to prevent
noise impacts to neighboring properties
Below-ground geothermal
equipment
In any required setback,
perimeter or roadside
buffer
Must conform to Chapters 16.12 and 16.20
BIMC. Permitted if any excavated areas are
promptly re-landscaped after installation is
complete
Rockeries and retaining walls
less than 4 feet in height
In any required setback Rockeries and retaining walls greater than 4 feet
in height may be permitted with qualified
geotechnical engineer determination, and city
concurrence, that it is necessary for slope
stabilization
Public communications tower In any required setback
subject to applicable
regulations in BIMC
Title 15
Must conform to Chapters 16.12 and 16.20
BIMC
EXHIBIT C Title 18 Zoning Housekeeping Changes
8
Table 18.12.040: Permitted Setback/Height Modifications
Type of Encroachment
Encroachment
Permitted Conditions
Permitted Height Modifications
Small wind energy generators Up to 18 inches above
the maximum building
height in the district
Solar panels Up to 18 inches above
the maximum building
height in the district
Noncommercial,
nonparabolic antennas
affixed to noncommercial
communication towers
Up to 50 feet in height
above grade
One flagpole per parcel Up to 45 feet in height
above grade
Public communications tower Up to 120 feet in height
above grade
A building permit is required for a public
communications tower. A conditional use permit
shall be required for a public communications
tower to be constructed between 71 feet and
120 feet above grade. A public communications
tower shall not exceed 120 feet in height.
Distribution utility poles Up to 55 feet in height
above grade
Replacement poles over 55 feet in height, see
BIMC 18.09.030.F.2.b. For new distribution
utility facilities or corridors, see Table 18.09.020.
Poles shall not be moved more than 20 feet
from the original location unless permitted
under BIMC 18.09.030.F.2.b.
Transmission utility poles Up to a 25 percent
increase above existing
pole height above grade
with a maximum height
of 100 feet
Replacement poles over the 25 percent increase
or 100 feet in height, see BIMC 18.09.030.F.2.b.
For new transmission utility facilities or
corridors, see Table 18.09.020. Poles shall not be
moved more than 20 feet from the original
location unless permitted under BIMC
18.09.030.F.2.b.
Utility structures existing on
the effective date of the
ordinance codified in this
subsection
Existing height May also be replaced or modified; 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
EXHIBIT C Title 18 Zoning Housekeeping Changes
9
18.12.050 Rules of measurement.
The following rules of measurement shall apply in determining compliance with the requirements of this
title. When a required calculation results in a fraction greater than or equal to one-half, the requirement
shall be rounded up to the next whole number.
G. Floor Area Ratio (FAR). “Floor area ratio” is a figure that expresses the total floor area as a multiple of
the lot area. This figure is determined by dividing the floor area of all buildings on a lot by the lot area
prior to removal of lot area for dedication. Portions of parking located underground or underneath
occupiable space a building footprint are not counted in floor area ratio calculations.
I. Grade. “Grade” (adjacent ground elevation) is the computed average of the lowest and the highest
points of elevation of the original surface of the ground, or existing paving or sidewalk within the area
between the building and the property line, or when the property line is more than five feet from the
building, between the building and a line five feet from the building. On waterfront parcels as defined in
the shoreline master program, the definition of average grade level from the shoreline master programs
shall be used (WAC 173-27-14-030(3)).
18.15.020 Parking and loading.
Table 18.15.020-2: Off-Street Parking Spaces Required in Mixed Use Town Center Districts and High
School Road Districts [1]
Land Use Spaces Required
Central Core
Overlay
Madison
Avenue
Overlay
Ericksen
Avenue
Overlay
Gateway
Overlay
Ferry
Terminal
Overlay
High School
Road I and II
Commuter-Oriented
Retail
Not Permitted 1 space per
peak shift
employee
Not
Permitted
Other Commercial and Nonresidential Uses
Minimum spaces per
1,000 sq. ft. [2]
2, except 3 in
the Parfitt-
Waterfront
area
4 1 4
Entertainment facilities 1 per 4 fixed
seats
Not Permitted 1 per 4 fixed
seats
Maximum above-ground
spaces per 1,000 sq. ft.
5 3 5
EXHIBIT C Title 18 Zoning Housekeeping Changes
10
18.36.030 Definitions.
For the purposes of Title 18 and Chapters 2.14 and 2.16 BIMC, the following definitions shall apply
unless the context clearly requires otherwise.
1. “Abutting” means bordering or touching, such as sharing a common lot line. Lots that are separated
by a street or right-of-way are not abutting; they are adjoining.
5. “Accessory agricultural retail” includes community kitchens and stables, and also means the sale of (a)
crops grown or livestock raised by a farmer, or (b) value-added products made from crops grown or
livestock raised by the farmer, and (c) incidental associated agricultural products sold on site where
agricultural crops or livestock are grown or raised that is subordinate to the actual agriculture on-site.
Products sold shall be (a) primarily Island-grown crops, (b) value-added products if the defining
ingredient was Island-grown, and (c) associated products that are incidental to the agricultural activity
on the site.
a. “Accessory agricultural retail, minor” means agricultural retail that (1) generates less than 36
round trips per day on average, and (2) does not conduct more than four non-agricultural special
events each year. This category includes farm stands and joint use of farm stands by multiple
producers and the use of retail sites for pick-up of community-supported agricultural deliveries. See
“Farm stand.”
b. “Accessory agricultural retail, major” means agricultural retail that is more intensive than minor
agricultural retail.
6. “Accessory agricultural tourism” means agriculturally related accessory uses that are subordinate to
the growing of crops or the raising of livestock, designed to bring the public to the farm on a temporary
or continuous basis, such as U-pick farm sales, farm mazes, pumpkin patches, farm animal viewing and
petting, wagon rides, farmland and facility tours, horticulture nurseries and associated display gardens,
cider pressing, classes or workshops, wine or cheese tasting, etc. Accessory agricultural tourism does not
include overnight stays for guests such as a bed and breakfast or farm-stay type use.
XX. “Adjacent” means that which is near or close; for example, a property located across the road or
highway shall be considered as adjacent. [NOTE: Same definition in SMP BIMC 16.12.080.]
14. “Adjoining” means immediately abutting or separated only by a street or right-of-way.
XX. “Commercial/Residential Mixed Use” means having commercial and residential uses on the same
property.
69. “Day care center” means a building or structure in which an agency, person, or persons regularly
provide care for 13 or more people in any 24-hour period and could include a public or private school.
Businesses that offer care only before and after school are considered educational facilities.
168. “Motor vehicle sales lot” means any land or buildings used primarily for the sale of new or used
motor vehicles fit for transportation.
191. “Parfitt-Waterfront area” is defined as that area south of the boundary created by the following
parcels and streets; starting at the northern property line of 272502-4-1130-2000; proceeding eastward
along Blue Bjune Drive to its western intersection with Brien Drive; proceeding eastward along Brien
EXHIBIT C Title 18 Zoning Housekeeping Changes
11
Drive to its intersection with Bjune and Shannon Drives; and proceeding southward along Shannon Drive
to the south property line of 4114-005-001-0003; and proceeding eastward to Winslow Ravine.
192. Park, Active Recreation. “Active recreation park” means a park where the primary uses are athletic
fields, playgrounds, swimming facilities, sports courts, camping, or other activities that require
specialized fields or equipment.
XX. “Temporary Construction Staging” means an area on a property that is not under construction
where construction related equipment, small temporary buildings, vehicles, or materials are stored
during a private or public construction project. Temporary Construction Staging is located outside of the
city right-of-way on individual properties, and may be permitted when there is no available space on a
construction site for staging.