ORD NO. 2020-17 ADOPTING THE SHORELINE MASTER PROGRAM AMENDMENTPage 1 of 5
ORDINANCE NO. 2020-17
AN ORDINANCE of the City of Bainbridge Island, Washington,
amending the City’s Shoreline Master Program related to critical
areas regulations and nonconforming structures, uses, and lots; and
amending several sections of Chapter 16.12 of the Bainbridge Island
Municipal Code accordingly, as specifically identified in Exhibit A
to this ordinance.
WHEREAS, the Washington State Shoreline Management Act (Chapter 90.58 RCW,
referred to herein as the “SMA”) recognizes that shorelines are among the most valuable and fragile
resources of the state, and requires the City of Bainbridge Island (“City”) and the Washington State
Department of Ecology (“Ecology”) to jointly adopt, update, and amend the Shoreline Master
Program (“SMP”) pursuant to Chapter 173-26 WAC; and
WHEREAS, the City adopted a comprehensive update to its SMP (Ordinance No. 2014-04)
on July 14, 2014, which was approved by Ecology on July 16, 2014; and
WHEREAS, the City adopted an update to its Critical Areas Ordinance (Ordinance No.
2018-01) on February 27, 2018; and
WHEREAS, RCW 36.70A.480(4) requires that SMPs provide a level of protection to
critical areas located within shorelines of the state that assures no net loss of shoreline ecological
functions necessary to sustain shoreline natural resources; and
WHEREAS, the City desires to integrate the updated critical areas regulations into its
Shoreline Master Program which requires a SMP amendment pursuant to WAC 173-26-090(1); and
WHEREAS, the City chose to use the optional joint review process for amending the SMP
pursuant to WAC 173-26-104; and
WHEREAS, on October 12, 2017, November 16, 2017, April 26, 2018, and August 30,
2018, the Planning Commission reviewed amendments to the SMP related to critical areas; and
WHEREAS, on January 11, 2018, February 8, 2018, March 8, 2018, March 29, 2018, April
12, 2018, April 19, 2018, and August 30, 2018, the Planning Commission reviewed amendments to
the SMP related to nonconforming structures, uses, and lots; and
WHEREAS, from May 8, 2018 to June 9, 2018, following timely public notification, the
City and Ecology held a 30-day public comment period on the amendment related to critical areas
regulations; and
WHEREAS, on May 24, 2018 and June 7, 2018, following timely public notification, the
Planning Commission and Ecology held a joint public hearing on the amendment related to critical
areas regulations; and
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WHEREAS, on June 7, 2018, the Planning Commission recommended combining the
nonconforming structures, uses, and lots revisions and the critical areas revisions into one
amendment; and
WHEREAS, on July 24, 2018, the City Council directed staff to combine the
nonconforming structures, uses, and lots revisions and the critical areas revisions into one
amendment and to schedule a public hearing on the amendment on September 11, 2018; and
WHEREAS, from September 10, 2018 to October 10, 2018, following timely public
notification, the Planning Commission and Ecology held a 30-day public comment period on the
amendment related to critical areas and nonconforming structures, uses, and lots; and
WHEREAS, on September 11, 2018, following timely public notification, the Planning
Commission and Ecology held a joint public hearing on the amendment related to critical areas and
nonconforming structures, uses, and lots; and
WHEREAS, on October 2, 2018, October 9, 2018, October 16, 2018, November 27, 2018,
December 11, 2018, and January 8, 2019, the City Council considered the proposed amendment, the
recommendations of the Planning Commission, the public testimony provided, and the record; and
WHEREAS, on October 12, 2018, the City issued a Determination of Non-Significance
on the amendment consistent with the State Environmental Policy Act (Chapter 43.21C RCW)
and Chapter 16.04 BIMC, and no person filed an appeal; and
WHEREAS, on October 26, 2018, the City transmitted a Notice of Intent to the
Washington State Department of Commerce in accordance with WAC 173-26-104 and RCW
36.70A.106; and
WHEREAS, on January 8, 2019, the City Council adopted Resolution No. 2019-05
approving the proposed SMP amendment relating to critical areas regulations and nonconforming
structures, uses, and lots and directing staff to submit the draft to Ecology for initial state review
pursuant to WAC 173-26-104; and
WHEREAS, on April 19, 2019, the City submitted the draft SMP amendment to Ecology
for an initial determination of concurrence in accordance with the submittal requirements in WAC
173-26-110; and
WHEREAS, on December 9, 2019, Ecology determined that the City’s draft SMP
amendment, subject to and including Ecology’s required and recommended changes, was consistent
with the policy and standards of RCW 90.58.020 and RCW 90.58.090 and the applicable SMP
guidelines (WAC 173-26-171 through -251 and .020 definitions); and
WHEREAS, on June 23, 2020, the City Council considered Ecology’s required and
recommended changes as well as those identified by City staff, and directed staff to draft an
ordinance incorporating Ecology’s changes and staff’s edits; and
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WHEREAS, on September 8, 2020, the City Council set the public hearing for this
Ordinance No. 2020-17 for September 22, 2020; and
WHEREAS, on September 22, 2020, following timely public notification, the City Council
held a public hearing on Ordinance No. 2020-17, including all components of the SMP amendment
specified in Exhibit A to this ordinance; and
WHEREAS, on October 2, 2020, the City reissued the Determination of Non-
Significance on the amendment to ensure all noticing requirements were met consistent with the
State Environmental Policy Act (Chapter 43.21C RCW) and Chapter 16.04 BIMC, and no person
filed an appeal; and
WHEREAS, on November 24, 2020, the City Council enacted this Ordinance No. 2020-17,
thereby approving all of the changes related to this SMP amendment; and
WHEREAS, the SMP amendment will result in “no net loss” of shoreline ecological
functions relative to the established baseline and may ultimately produce an improvement in
shoreline ecological functions through incentive-based restoration; the SMP amendment is
consistent with and meets the SMP Guidelines established under Chapter 173-26 WAC; the SMP
amendment is consistent with and implements the SMA (Chapter 90.58 RCW) and the Growth
Management Act (Chapter 36.70A RCW); the SMP amendment is consistent with the Bainbridge
Island Comprehensive Plan; and the SMP amendment is internally consistent.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this ordinance is to integrate the regulations updated
as a part of the City’s Critical Areas Ordinance (Chapter 16.20 BIMC) and to clarify allowed
actions for all nonconforming structures, uses, and lots, as well as specific allowances for
nonconforming single-family residential primary structures. The majority of the amendments are
located in Section 4.1.5, Critical Areas; Section 4.2.1 Nonconforming Uses, Nonconforming
Structures, and Nonconforming Lots; and Section 8.0, Definitions. Other minor changes are
located throughout the Shoreline Master Program as shown on the attached Exhibit A to create
consistency with the changes made to the sections above. The City’s “WAC 173-26-110
Submittal Package,” which includes a summary of proposed amendments to policy and
regulatory language with explanatory text and other materials which document the necessity for
the proposed changes to the City’s Shoreline Master Program, is incorporated by this reference as
findings of fact.
Section 2. Findings. The recitals set forth above are hereby adopted as the City Council’s
findings in support of this ordinance.
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Section 3. Amendment to the Shoreline Master Program.
A. The City of Bainbridge Island Shoreline Master Program, adopted by Ordinance No. 2014-04
on July 14, 2014, is amended as shown in Exhibit A and incorporated herein by this
reference.
B. Chapter 16.12 of the Bainbridge Island Municipal Code is hereby amended as shown in
Exhibit A and incorporated herein by this reference.
Section 4. Codification. The City Council hereby adopts the amendments set forth in this
ordinance to the Shoreline Master Program. As is the case currently, the Shoreline Master Program is
part of the City’s development regulations and the amendments adopted herein constitute amendments
to those development regulations, including Chapter 16.12 of the Bainbridge Island Municipal Code.
The Director of Planning and Community Development shall work with the codifier of the Bainbridge
Island Municipal Code in order to ensure that the regulations in the Shoreline Master Program and as
otherwise adopted by this ordinance are appropriately codified.
Section 5. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise
invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or
regulation, such decision or preemption shall not affect the validity of the remaining portions of this
ordinance or its application to other persons or circumstances.
Section 6. Scrivener’s Error. The City Clerk and codifiers of the ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of scrivener
and clerical errors, references, ordinance numbering, section and subsection numbers, and any
references thereto.
Section 7. Effective Date. This ordinance shall take effect upon the date of a letter to the City of
Bainbridge Island from the Washington State Department of Ecology approving the Shoreline Master
Program Amendment adopted by this ordinance.
PASSED by the City Council this 24th day of November, 2020.
APPROVED by the Mayor this 24th day of November, 2020.
Leslie Schneider, Mayor
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ATTEST/AUTHENTICATE:
FILED WITH THE CITY CLERK: September 4, 2020
PASSED BY THE CITY COUNCIL: November 24, 2020
PUBLISHED: November 27, 2020
EFFECTIVE DATE: This ordinance shall take effect upon the date of a
letter to the City of Bainbridge Island from the
Washington State Department of Ecology
approving the Shoreline Master Program
Amendment adopted by this ordinance.
ORDINANCE NUMBER: 2020-17
EXHIBIT Exhibit A