ORD NO. 2020-36 EXTENDING THE MORATORIUM ON SELF-SERVICE STORAGE FACILITIESPage 1 of 7
ORDINANCE NO. 2020-36
AN ORDINANCE of the City of Bainbridge Island, Washington,
adopted pursuant to RCW 35A.63.220 and RCW 36.70A.390;
amending Ordinance No. 2020-12 that extended the moratorium on
certain activities related to self-service storage facilities; continuing
the basis for the emergency moratorium; providing for severability;
leaving the effective date of the moratorium unchanged; and
extending the moratorium for six months until May 26, 2021.
WHEREAS, within the express terms of the Growth Management Act, the Washington
State Legislature has specifically conferred upon the governing bodies of Washington cities the
right to establish and adopt moratoria related to land uses; and
WHEREAS, the City Council of the City of Bainbridge Island (“City”) updated the
City’s Comprehensive Plan in February of 2017; and
WHEREAS, self-service storage facilities are currently a permitted use in the
Business/Industrial (B/I) and Neighborhood Center (NC) districts within the City; and
WHEREAS, only 109.23 acres of land on Bainbridge Island are within the B/I district,
which constitutes 0.63% of the total acreage of land on Bainbridge Island; and
WHEREAS, Policy 1.5 of the Economic Element of the City’s Comprehensive Plan
states that “[i]n order to provide opportunities for business enterprise, adequate space must be
provided for efficient use of existing developed areas near public transportation (e.g., ferry, bus
service) and for growth that recognizes and protects the Island’s valued natural amenities, its
limits of land and water and the quality of its residential neighborhoods”; and
WHEREAS, given the limited amount of land within the B/I district, the City Council
has a significant interest in ensuring that the use of such land provides the best opportunities for
business enterprise within the City; and
WHEREAS, the City Council has significant concerns regarding further development of
self-service storage facilities within the B/I district under current regulations in the context of the
vision and goals of the City’s Comprehensive Plan; and
WHEREAS, Policy 15.2 of the Economic Element of the City’s Comprehensive Plan is
to “[p]romote manufacturing and business/industrial employment as an important source of
family wage jobs on Bainbridge Island”; and
WHEREAS, self-service storage facilities on Bainbridge Island have been found to
employ an average of one to two employees; and
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WHEREAS, the City Council has significant concerns regarding whether self-service
storage facilities create family wage jobs as compared to other possible permitted uses within the
B/I district; and
WHEREAS, the City Council has similar concerns regarding self-service storage
facilities located in the NC district as it does with such facilities located in the B/I district; and
WHEREAS, based on these and related concerns, the City Council requires additional
time to review the regulations and policies at issue to ensure that the vision and goals of the
City’s Comprehensive Plan are being met to the Council’s satisfaction; and
WHEREAS, due to the COVID-19 public health emergency and pandemic, tens of
thousands of persons in Washington State have contracted the virus and hundreds of persons
have died due to the virus thus far and during the time period that this moratorium has been in
effect, and the public health emergency is ongoing and is expected to continue for many months,
and likely much longer; and
WHEREAS, due to the COVID-19 public health emergency and pandemic, the City has
been engaged in essential work on a highest-priority basis related to the public health emergency,
and as a result City staff and the City Council have had to significantly adjust work priorities
accordingly to address the public health crisis, including related to work that the Council has
been able to consider at modified Council meetings during this time period; and
WHEREAS, as a result of the public health emergency, work by City staff and the City
Council has been impacted and delayed related to review of the regulations and policies at issue
pertaining to this moratorium to ensure that the vision and goals of the City’s Comprehensive
Plan are being met to the Council’s satisfaction; and
WHEREAS, at its April 28, 2020 meeting, the City Council considered options related to
this moratorium and decided to set a public hearing for May 12, 2020 to receive public comment
and consider whether to extend the moratorium for another six months via Ordinance No. 2020-
12; and
WHEREAS, at that April 28, 2020 meeting, the City Council, based on public comment
and Council discussion, directed the City Manager to amend the moratorium to exempt projects
that are partially constructed and/or at some point built, and Ordinance No. 2020-12 and this
ordinance include an exemption to meet the Council’s intent in that regard; and
WHEREAS, on May 12, 2020, the City Council conducted a public hearing on
Ordinance No. 2020-12 and the Council received and considered public comment related to that
ordinance; and
WHEREAS, on May 12, 2020, after considering such public comment, the City Council
adopted Ordinance No. 2020-12 to extend this moratorium for six months, to November 26,
2020, unless the Council decided to terminate the moratorium earlier, and to otherwise amend
the moratorium as stated in Ordinance No. 2020-12; and
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WHEREAS, on September 8, 2020, City staff presented research on the City’s existing
self-service storage facilities and related to how this use is regulated in other west Puget Sound
jurisdictions, and after discussing and considering the information, the City Council directed
staff to begin work on an ordinance to prohibit new self-service storage facilities and allow for
expansion of existing self-service storage facilities; and
WHEREAS, the Planning Commission discussed the topic of self-service storage
facilities on September 24, 2020; and
WHEREAS, the Planning Commission continued discussion of self-service storage
facilities on October 8, 2020, including consideration of draft Ordinance No. 2020-34 related to
that topic, and the Planning Commission set a public hearing on that ordinance for October 29,
2020; and
WHEREAS, the Planning Commission conducted that public hearing on Ordinance No.
2020-34 on October 29, 2020; and
WHEREAS, in that the existing moratorium related to self-service storage facilities is set
to expire on November 26, 2020, and the Planning Commission and the City Council need
additional time to work on and consider draft Ordinance No. 2020-34 related to a prohibition on
new self-service storage facilities, it is necessary to extend the existing moratorium to allow for
the completion of such additional consideration; and
WHEREAS, on October 27, 2020, the City Council set a public hearing for November
10, 2020 to receive public comment and consider this Ordinance No. 2020-36 to extend the
moratorium for another six months; and
WHEREAS, on November 10, 2020, the City Council conducted a public hearing on this
ordinance and the Council received and considered public comment related to the ordinance; and
WHEREAS, the City possesses land use jurisdiction and regulatory authority over the
City’s incorporated lands; and
WHEREAS, the moratorium imposed herein promotes the public good and is necessary
for the protection of public health, property, safety, and welfare. The public emergency that
existed requiring that this moratorium become effective immediately upon adoption on
November 26, 2019 continues to exist.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The recitals set forth above are hereby adopted as additional
and supplemental findings of fact to the City Council’s initial findings of fact in support of the
moratorium established by Ordinance No. 2019-40, and as extended by Ordinance No. 2020-12.
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The City Council may, in its discretion, adopt additional findings after the public hearing
referenced below.
Section 2. Continuation of Existing Moratorium. As authorized by the police powers
of the City as set forth, for example, in Article XI, Section 11, of the Washington State
Constitution, and pursuant to statutory authority set forth, for example, in RCW 36.70A.390 and
RCW 35A.63.220, and unless expressly excluded under this ordinance, the City Council is
hereby continuing the imposition of the temporary moratorium that was imposed by Ordinance
No. 2019-40, and as extended by Ordinance No. 2020-12, as described in this Section 2, for
those properties requesting the following (“Permit Applications”):
All building permit applications or land use applications for self-service storage
facilities located, or proposed to be located, in the Business/Industrial or
Neighborhood Center districts.
Section 3. Exclusions.
A. The moratorium imposed under Section 2 of this ordinance shall not apply to
permits required for upkeep, repair, or maintenance of existing self-service storage structures, or
work mandated by the City to maintain public health and safety.
B. The moratorium imposed under Section 2 of this ordinance shall not apply to
building permits and other land use approvals related to self-service storage facilities that
received land use approval for such a facility prior to the effective date of this moratorium and
for which self-service storage facilities exist currently on the subject property, and for which any
new structures are included within what was approved for the site prior to the effective date of
the moratorium.
Section 4. Moratorium in Current Form Extended. The moratorium is hereby
amended to extend the moratorium in its current form as specified in this ordinance for six
months, which is until May 26, 2021.
Section 5. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the
City Council conducted a public hearing on this extension of the moratorium at its meeting on
November 10, 2020, and took public testimony and considered further findings of fact.
Section 6. Moratorium Work Plan. As provided for under RCW 35A.63.220 and RCW
36.70A.390, the City may renew a moratorium for one or more six-month periods if a work plan
has been developed, a public hearing has been held, and findings of fact have been made.
Pursuant to this ordinance, and based on the findings of fact that are hereby adopted in this
ordinance and which were adopted in the previous ordinances related to this moratorium,
Ordinance Nos. 2019-40 and 2020-12, the City is hereby extending the moratorium for an
additional six months based on the work plan as incorporated herein (see attached Exhibit A).
These supplemental findings of fact and the work plan incorporated herein are being adopted
after the City Council conducted a public hearing on this moratorium on November 10, 2020.
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Section 7. Effect on Vested Rights. The moratorium extended by this ordinance shall
apply prospectively only and shall operate to prevent acceptance of Permit Applications
submitted after the effective date of this moratorium. Nothing in this ordinance shall be
construed to extinguish, limit, or otherwise infringe on any permit applicant’s vested
development rights as defined by state law and City of Bainbridge Island regulations, provided
that such a permit applicant filed a complete Permit Application before the effective date of this
moratorium.
Section 8. Interpretive Authority. The City of Bainbridge Island Director of Planning
and Community Development, or designee, is hereby authorized to issue official interpretations
arising under or otherwise necessitated by this ordinance.
Section 9. 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 10. No Change to Basis for Declaration of Emergency or Effective Date. This
ordinance shall take effect and be in full force five (5) days from and after its passage and
publication as required by law. Provided, that this ordinance is not intended to change the basis
of the emergency declaration stated in the moratorium ordinances which preceded this ordinance,
Ordinance Nos. 2019-40 and 2020-12, except as described in the “Whereas” clauses of this
ordinance. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641
(1995), non-exhaustive underlying facts necessary to support the emergency declarations
adopted as part of the enactment of this moratorium were included in the “Whereas” clauses of
Ordinance Nos. 2019-40 and 2020-12, as well as in this ordinance, and those “Whereas” clauses
are adopted as findings of fact. This ordinance does not change the effective date of this
moratorium, which is November 26, 2019.
PASSED by the City Council this 10th day of November, 2020.
APPROVED by the Mayor this 10th day of November, 2020.
Leslie Schneider, Mayor
ATTEST/AUTHENTICATE:
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FILED WITH THE CITY CLERK: October 23, 2020
PASSED BY THE CITY COUNCIL: November 10, 2020
PUBLISHED: November 13, 2020
EFFECTIVE DATE: November 18, 2020
ORDINANCE NUMBER: 2020-36
Exhibit A (Work Plan)
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EXHIBIT A
SELF-SERVICE STORAGE FACILITIES
MORATORIUM
WORK PLAN (November 10, 2020)
MORATORIUM – Self-Service Storage Facilities:
On November 26, 2019, the City Council imposed a temporary six-month moratorium on the
acceptance of building permit or land use permit applications for new self-service storage facilities
in the Business/Industrial (B/I) and Neighborhood Service Center (NSC) zoning districts. The
moratorium did not apply to permits required for upkeep, repair, or maintenance of existing self-
service storage structures. The moratorium was initially in effect for 6 months, or until May 26,
2020, and was extended until November 26, 2020, and has been further extended via Ordinance
No. 2020-36 to May 26, 2021.
Under the moratorium extension, the moratorium continues to not apply to building permits and
other land use approvals related to self-service storage facilities that received land use approval
for such a facility prior to the effective date of this moratorium and for which self-service storage
facilities exist currently on the subject property, and for which any new structures are included
within what was approved for the site prior to the effective date of the moratorium, or November
26, 2019.
On November 10, 2020, the City Council extended the moratorium for an additional 6 months via
adoption of this current ordinance, Ordinance No. 2020-36. As a result, the moratorium will be in
effect until May 26, 2021, unless terminated earlier or extended by the Council.
The City has developed this updated Work Plan to address issues related to self-service storage
facilities based on direction provided by the City Council:
November 2020
The Planning Commission will complete their recommendation to the City Council on draft
Ordinance No. 2020-34.
December 2020
It is expected that the City Council will review and take action on proposed Ordinance No. 2020-
34. The Council could direct staff to terminate the moratorium once the legislative work is
complete related to Ordinance No. 2020-34 which, as drafted, includes a prohibition related to new
self-service storage facilities.