ORD 2001-41 CORRECTING ERRORS & OUTDATED TEXTORDINANCE NO. 2001 - 41
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to correcting errors and replacing outdated text;
amending Section 2.16.085, Section 12.32, Section 15.04.
Section 16.16, Section 16.20, Section 16.22, Section 17.20,
Section 18.06 and Section 18.105 of the Bainbridge Island
Municipal Code.
WHEREAS, it becomes necessary from time to time to correct errors and replace
outdated language in the Bainbridge island Municipal Code; and
WHEREAS, no corrections or textual replacements contained herein are of a
substantive nature that will change the meaning or intent of the section amended; and
WHEREAS, the City Council wishes to clarify the Bainbridge Island Municipal Code;
now therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
follows:
Section 2.16.085D(2) of the Bainbridge Island Municipal Code is amended as
2.16.085.D Notice of Public Hearing.
2. Method of Notice. The hearing examiner shall provide notice of an appeal hearing as provided
in subsections D.2.a through D.2.c of this section and shall provide public notice for any other
public hearing by:
a. Posting notice in the official posting places of the city;
b. Publishing notice in the official newspaper of the city at least 14 days prior to the
hearing or as otherwise provided by law;
c. Mailing the applicant and appellant, if applicable;
d. Mailing notice to the address listed on the property tax records of Kitsap County for
property located within 300 feet of any boundary of the subject property and including
any property within 300 feet of any contiguous property in the applicant's ownership and;
e. Posting the subject property in a manner prescribed by the city.
Section 2. Section 12.32.040C of the Bainbridge Island Municipal Code is amended as
follows:
12.32.040 Access permits - Contents.
C. Approvals. Upon completion of required improvements, Public Works Director or
designee shall indicate his approval on the permit and make appropriate notation thereof
upon official city street right-of-way records.
Section 3.
follows:
Section 15.04.040A(3) of the Bainbridge Island Municipal Code is amended as
15.04.040 Uniform Building Code - Permits Required.
3. Permits for Part of a Project. The building official may issue a permit after payment of the
required fee for the construction of part ora project before complete plans for the whole project
have been submitted or approved; provided, that the proposed project complies with the State
Environmental Policy Act and the zoning ordinance (including site plan review); and provided
further, that adequate information and plans have been filed and checked to assure compliance
with all requirements of this and other pertinent codes.
Section 4.
follows:
Section 16.16 030 of the Bainbridge Island Municipal Code is amended as
16.16.030 Variance procedures.
A variance from the provision of BIMC 16.16.020 may be granted by the planning commission.
For any such variance, application shall be made in writing and upon forms provided by the city
and no variance shall be granted for longer than 30 day, except after a public heating has been
held. The planning commission may, in its discretion, hold a public hearing on any application
when substantial public interest is shown. Any person may appeal the granting or denial ora
variance by the planning commission by filing an appeal with the Pollution Control Hearing
Board pursuant to Chapter 43.21B RCW under the procedures of Chapter 371-08 WAC.
$~ction 5.
follows:
Section 16.20.090H of the Bainbridge Island Municipal Code is amended as
16.20.090.H. Buffer Zone Widths.
A buffer shall be required for all regulated wetlands and streams in accordance with the tables
below. Any wetland and/or stream created, restored, or enhanced as compensation for approved
wetland and/or stream alterations shall also include the required buffer for the wetland category
or stream class. Wetland buffers shall be measured from the wetland boundary as surveyed in the
field. Stream buffers shall be measured from the top of the bank. (See Figure A.) in the case(s) of
a stream in a ravine, the buffer_shall be measured from the top of the ravine bank.
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Section 6. Figure A of Section 16.20.090 is amended as follows:
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Section 7.. 16.20.090.K is relabeled as 16.20.090.J (currently goes from I to K)
Section 8. Chapter 16.22 is amended as follows: All references to "sensitive areas" are
replaced with "critical areas".
16.22.030 Applicability.
A. Permit Required. Unless exempted in BIMC 16.22.040, a vegetation management permit is
required for harvesting of trees and/or removal of vegetation in the following areas:
1. Undeveloped properties or developed properties which can be further subdivided,
including those properties under two acres in size which are exempt under a Class I forest
practice permit;
2. Critical areas and required buffers as defined in Chapter 16.20 BIMC;
3. Designated open space areas;
4. Designated scenic or wildlife corridor areas; or
5. As part ora Class IV general forest practice permit, as regulated under RCW
76.09.050.
16.22.060 Vegetation management standards.
a. Critical areas or required buffers, as defined in Chapter 16.20 BIMC;
b. Previously established noncut buffer areas;
c. Greenways, scenic road corridors, view corridors or wildlife corridors
designated by the comprehensive plan of Bainbridge Island or Bainbridge
Municipal Code; and
d. Any required perimeter landscape buffer that will be required upon
development of the site in accordance with Chapter 18.85 BIMC.
B. Selective Harvest Plan. A property owner intending to harvest under a Class I (not exempt in
B1MC 16.22.040.E), II or III, on property that has a potential to convert to a nonforest use shall
provide a selective harvest plan which meets the standards below:
5. Unless otherwise allowed through an approved open space management plan, no
cutting is allowed within any of the following areas:
a. Critical areas or required buffers, as defined in Chapter 16.20 BIMC;
16.22.070 Submittal requirements.
J. A site assessment plan/harvest plan drawn to engineering scale showing the entire property.
The harvest plan shall meet the standards of B1MC 16.22.060 and must show the following:
1. All boundaries;
2. Existing stands of trees, specifying predominant species, species mix and age class;
3. Location of critical areas and buffers as designated under Chapter 16.20 BIMC,
designated open space, and designated scenic and/or wildlife corridors;
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Section 9. Section 17.20.040B is amended as follows:
17.20.040 Decision criteria.
A. An application for a boundary line adjustment may be approved or approved with
modifications if no additional lot is created and no lot is created which contains insufficient
area and dimensions to meet the minimum requirements for area, width and depth for a
building site in the zone in which the property is located.
B. Notwithstanding the requirements of subsection A, application for a boundary line
adjustments may be approved or approved with modifications if:
1 .After the adjustment, each lot involved retains its status prior to the adjustment as a
developed or undeveloped lot and as a conforming or nonconforming lot; or
2._After the adjustment, a nonconforming lot that is permitted to be developed under Section
18.87.050A becomes a conforming lot.
Section 10. Section 18.06.110 is amended as follows:
18.06.110 Building.
"Building" means any structure having a roof, designed for shelter of persons, animals, or
property. It does not include eaves for purposes of determining the maximum lot area covered
by buildings.
Section 11. Section 18.33.030 is amended as follows:
18.33.030 Conditional uses.
Conditional uses are:
A. Bed and breakfast establishments;
B. Cemeteries;
C. Child day care centers, provided the subject property has a minimum lot area of one acre;
D. Educational, cultural, governmental, religious, or health care facilities;
E. Group health facilities;
F. Major home occupations;
G. Mining and quarrying;
H. Multiple-family dwellings with additional criteria ora 25-foot perimeter natural vegetative
easement and interior open space;
I. Open air sales for garden supplies;
J. Park and ride lots;
K. Public and private utility buildings and structures;
L. Recycling centers; provided, that the subject property has a minimum lot area of one acre and
has frontage on an arterial;
M. Shared-use park and ride lots.
Section 12. Section 18.105.045 A. is amended as follows.
18.105.045.A.l.b Design process.
A. Preapplication Conference with the Development Review Committee.
1. To assist in review processing, an applicant for a site plan and design review shall meet
with the development review committee at a required preapplication conference in
accordance with the purpose and procedures of BIMC 2.16.035.
a. An applicant shall first conduct a site analysis identifying existing watercourses/
wetlands, significant trees and vegetation, critical areas and other natural features~
open space in accordance with the design process, and development standards of
BIMC 18.105.050, if applicable.
b. A prospective applicant for a site plan and design review proposal shall prepare maps,
site plan(s), and studies (as specified in BIMC 18.105.055) that show how the
proposal promotes the purpose of this chapter and meet the standards of the zoning
district and this chapter.
Section 13. Section 18.105.055.A.4 (e) is amended as follows:
18.105.055.A.4 Preliminary site plan.
The preliminary site plan shall be a graphic composite prepared consistent with applicable
zoning development standards, the standards of BIMC 18.105.050 (if applicable), and road and
accessway location. The plan may be on a copy of the base map, or on an overlay attachment to
the base map. Elements of the plan must be consistent with the following requirements:
a. Open space areas shall be established as required pursuant to BIMC 18.105.050. The
location, size and the prioritization of open space areas on a proposed site plan shall
meet the open space performance standards contained in BI/VIC 18.105.050.
b. The location of development areas on a proposed site plan shall be determined after
determination of open space areas and shall meet the development standards of the
applicable zoning district.
c. The location of any proposed individual or community well(s) and/or water system(s)
for the subject property, and associated wellhead protection areas as required by the
health district shall be graphically indicated on a copy of the base map, or on an
overlay attachment to the base map if the overlay is prepared on a transparent
material. Maintenance access to the proposed wellhead or water system and all areas
to be cleared for a wellhead shall also be identified.
d. The location of any proposed individual or community drainfields for the subject
property and associated reserve drainfields as required by the health district shall be
graphically indicated on a copy of the base map, as an overlay attachment to the base
map (providing that the overlay is prepared on a transparent material). Maintenance
access to proposed drainfields shall also be identified.
e. Roads and access consistent with the requirements of the City of Bainbridge Island
Public Works Design & Construction Standards and shall be graphically indicated on
a copy of the base map or as an overlay attachment to the base map (providing that
the overlay is prepared on a transparent material).
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f. The preparation of alternative configurations for all the above elements of the
proposed Site plan is ~ncouraged.
Section 14. This ordinance shall take effect and be in force five days from and after
its passage, approval and publication as required by law.
PASSED by the City Council this 24~ day of October 2001.
APPROVED by the Mayor this 25~ day of October 2001.
D~vigh~ Sutton, Mayor
~usan P. Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
September 19, 2001
October 24, 2001
October 31, 2001
November 5, 2001
2001-41
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