Chapter 18.06
ZONING DISTRICTS

Sections:

Part I. General Provisions

18.06.005    Intent.

18.06.010    Districts established.

Part II. Residential Districts

18.06.020    Purpose of individual residential districts.

Part III. Mixed Use Districts

18.06.030    Mixed Use Town Center zone.

18.06.040    High School Road zone I and II districts.

18.06.050    Neighborhood center.

Part IV. Other Districts

18.06.060    Business/Industrial.

18.06.070    Water-dependent industrial zone.

18.06.080    Fort Ward historic overlay.

18.06.090    R-8SF overlay.

Part V. Zoning District Boundaries

18.06.100    Zoning district boundaries.

Part I. General Provisions

18.06.005 Intent.

This section establishes the zoning districts used in Bainbridge Island, the purpose of each zoning district, and in some cases basic information about the zoning district. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.06.010 Districts established.

To implement the purposes of this title, the city shall be divided into zones that segregate existing land uses and coordinate policies for land uses outlined in the comprehensive plan of the city. The zoning districts, district names and abbreviations shown in the table below are hereby established.

District Type

Abbreviation

District Name

Residential

R-0.4

Residential 0.4 – One unit per 2.5 acres (100,000 sq. ft.)

R-1

Residential 1 – One unit per acre (40,000 sq. ft.)

R-2

Residential 2 – Two units per acre (20,000 sq. ft.)

R-2.9

Residential 2.9 – Two and nine-tenths units per acre (15,000 sq. ft.)

R-3.5

Residential 3.5 – Three and one-half units per acre (12,500 sq. ft.)

R-4.3

Residential 4.3 – Four and three-tenths units per acre (10,000 sq. ft.)

R-5

Residential 5 – Five units per acre (8,500 sq. ft.)

R-6

Residential 6 – Six units per acre (7,260 sq. ft.)

R-8

Residential 8 – Eight units per acre (5,400 sq. ft.)

R-14

Residential 14 – 14 units per acre (3,100 sq. ft.)

Mixed Use Town Center

CC

Central Core Overlay

MA

Madison Avenue Overlay

EA

Ericksen Avenue Overlay

Gate

Gateway Overlay

Ferry

Ferry Terminal Overlay

Other

HSR

High School Road Districts I and II

NC

Neighborhood Center

B/I

Business/Industrial

WD-I

Water-Dependent Industrial

FWHO

Fort Ward Historic Overlay District

(Ord. 2017-02 § 1, 2017; Ord. 2011-02 § 2 (Exh. A), 2011)

Part II. Residential Districts

18.06.020 Purpose of individual residential districts.

The purpose of the residential districts is to provide for housing at various densities while preserving the unique character of the island, promoting sustainable development, and minimizing negative impacts of new residential development on surrounding areas.

A. Residential 0.4 (R-0.4). The purpose of the R-0.4 zone is to provide low-density housing in an environment with special Island character consistent with other land uses, such as agriculture and forestry, and the preservation of natural systems and open space. The low density of housing does not require the full range of urban services and facilities.

B. Residential 1 (R-1). The purpose of the R-1 zone is to provide residential neighborhoods in an environment with special Island character consistent with other land uses such as agriculture and forestry, and the preservation of natural systems and open space. The low density of housing does not require the full range of urban services and facilities.

C. Residential 2 (R-2). The purpose of the R-2 zone is to provide residential neighborhoods in an environment with special Island character consistent with other land uses such as agriculture and forestry, and the preservation of natural systems and open space, at a somewhat higher density than the R-1 district.

D. Residential 2.9 (R-2.9). The purpose of the R-2.9 zone is to provide for vital residential neighborhoods in a suburban residential area.

E. Residential 3.5 (R-3.5). The purpose of the R-3.5 zone is to provide for vital residential neighborhoods having those community improvements and facilities normally associated with suburban development.

F. Residential 4.3 (R-4.3). The purpose of the R-4.3 zone is to provide for vital residential neighborhoods having urban density and having those community improvements and facilities normally associated with urban area development.

G. Residential 5 (R-5). The purpose of the R-5 zone is to provide for residential uses having community improvements and facilities normally associated with urban area development. Five units per acre are permitted only for properties served by both public water and sanitary sewer.

H. Residential 6 (R-6). The purpose of the R-6 zone is to provide for a medium-density residential neighborhood in a unique, nonurban environment.

I. Residential 8 (R-8). The purpose of the R-8 zone is to provide for medium-density residential areas in pleasant, uncongested surroundings allowing for the maximum amenities for the occupants.

J. Residential 14 (R-14). The purpose of the R-14 zone is to provide areas of high-density residential development located near planned community centers and other areas that are to be served by public utilities in the near future, that can support both public utility systems necessary for the protection of the environment and allow the maximum amenity for a large number of residences. (Ord. 2011-02 § 2 (Exh. A), 2011)

Part III. Mixed Use Districts

18.06.030 Mixed Use Town Center zone.

A. Purpose. The purpose of the Mixed Use Town Center zone is to implement the Mixed Use Town Center sections of the comprehensive plan. The Mixed Use Town Center should strengthen the vitality of downtown Winslow as a place for people to live, shop and work, to provide a strong residential component, and to encourage a lively community during both the day and night. The Mixed Use Town Center zone includes five overlay districts that allow diverse types of housing, shopping, civic facilities, recreation and employment. The mix of land uses promotes a pedestrian atmosphere, enhances the viability of the town center, and allows development in a manner that is harmonious with the scale of the town center. Land uses that require outdoor storage or that have an auto orientation, such as drive-through establishments, are not permitted within the Mixed Use Town Center.

1. Central Core Overlay District. The central core overlay district is the most intense district within the Mixed Use Town Center. Within this overlay district, residential uses are encouraged, but exclusive office and/or retail uses are permitted.

2. Ericksen Avenue Overlay District. The purpose of the Ericksen Avenue overlay district is to preserve the unique and historical features of the Ericksen Avenue neighborhood and should provide for a mix of residential and small-scale nonresidential development. Retail development is permitted only on the ground floor, while residential or residential and office development is permitted in the upper floors. Historic (pre-1920) single-family residential structures on Ericksen may be converted to nonresidential use. However, any additions to the structure must be added to the rear and must be compatible with the character of the original structure.

3. Madison Avenue Overlay District. The purpose of the Madison Avenue overlay district is to provide for a mix of residential and small-scale nonresidential development. Within the Madison Avenue overlay district, all retail and office development shall include a residential component. Retail development is permitted only on the ground floor. Residential development is only required for buildings greater than one story in height.

4. Gateway Overlay District. The purpose of the gateway overlay district is to protect the ravine. The district permits low-intensity, tourist-oriented, commercial, multifamily and agricultural uses that will have limited parking and minimum traffic impact. Impervious surface coverage is limited. If critical areas are identified on a property, additional buffer requirements pursuant to Chapter 16.20 BIMC may be required.

5. Ferry Terminal Overlay District. The purpose of the ferry terminal overlay district is to provide an attractive setting for ferry and associated transportation-oriented uses and serve as the entry-point into Winslow. This district is also intended as a new pedestrian- and transit-oriented, mixed use neighborhood that complements the character and vitality of the core and serves the neighborhood and commuters.

B. Performance Standards.

1. Noise. No use shall exceed the maximum environmental noise level, established by Chapter 173-60 WAC, as adopted in Chapter 16.16 BIMC.

2. Air Quality Emissions. No use in this district shall produce emissions of smoke, dust and/or odors beyond the property boundary that may unreasonably interfere with any other property owners’ use and enjoyment of his/her property. In addition, all sources and emission units are required to meet the emission and the ambient air quality standards specified in Chapter 173-400 WAC, and administered by the Puget Sound Air Pollution Control Authority (PSAPCA), and shall apply to all air contaminants listed in that regulation.

3. Lighting. Lighting standards set forth in BIMC 18.15.040 shall apply to the mixed use districts. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.06.040 High School Road zone I and II districts.

A. Purpose. The purpose of the High School Road I and II zones is to provide commercial uses that complement downtown Winslow and benefit from automobile access near the highway, while creating a pedestrian-friendly retail area. A variety of commercial uses are allowed that offer goods and services for the convenience of Island residents and that may have an auto orientation and a drive-through facility.

B. Performance Standards. The performance standards applicable to the MUTC district as listed in BIMC 18.06.030.B shall also apply to the HSR I and II districts. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.06.050 Neighborhood center.

A. Purpose. The purpose of the neighborhood center is to provide a mix of neighborhood-scale residential, commercial, and service activity that is compatible with the scale, character, and intensity of the surrounding residential neighborhood and that minimizes the impact of noise, odor, lighting, fire hazard, and transportation on the neighborhood and the impact on water quality, stormwater runoff, and critical areas.

B. Performance Standards. All uses allowed in the NC district shall conform to the performance standards of this section. It shall be the responsibility of the operator and/or the proprietor of any allowed use to provide such reasonable evidence and technical data as the director may require to demonstrate that the use or activity is or will be in compliance with the environmental performance standards. Failure of the director to require such information shall not be construed as relieving the operator and/or proprietor from compliance with all applicable environmental performance standards of this code.

1. Noise. All uses shall comply with the noise performance standards of BIMC 18.06.030.B.1.

2. Glare and Heat. Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line.

3. Ground Vibrations. No ground vibration other than that caused by highway vehicles or construction activity shall be permitted that is discernible, without instruments, at or beyond the property line for the use concerned.

4. Waste Storage and Disposal, Including Hazardous Waste. The storage or disposal of industrial waste shall be in compliance with the regulations and requirements of the Kitsap County health district, the State Department of Ecology, and Chapter 70.105 RCW as amended, and the BIMC.

5. Air Quality Emissions. All uses shall comply with air quality emissions standards of BIMC 18.06.030.B.2.

6. Ground and Soil Contamination. Materials used or produced in any manufacturing process shall be handled in such a manner as to prevent ground or soil pollution that destroys or endangers the support of natural vegetation or that may contaminate underground aquifers, or other natural drainage systems.

7. Electrical Interference. Provisions must be made for necessary shielding or other preventive measures against interference caused by mechanical, electrical, or nuclear equipment uses or processes with electrical apparatus in nearby buildings or use areas.

8. Fire and Explosive Hazards. The manufacture, use, processing or storage of flammable liquids or materials, liquids or gases that produce flammable or explosive vapors or gases shall be permitted in accordance with the regulations of the adopted fire code and the building code. A hazardous materials impact analysis, conforming to the requirements of the Bainbridge Island fire district, shall be required to determine potential off-site impacts and mitigation precautions.

9. Lighting. Lighting standards set forth in BIMC 18.15.040 shall apply to the NC district.

10. Outdoor Storage and Trash Dumpsters.

a. Screening of Outdoor Storage. The screen height is determined by the height of the material or equipment being screened. Chain-link fencing with neutral colored slatting is permitted along with vegetative screening when vegetative screening alone is not sufficient to block the outdoor storage from public view and where the fencing is not visible from the street. Exterior storage should be confined to portions of the site least visible from public view.

b. Trash dumpsters or any outdoor equipment, whether on the roof or side of a structure or on the ground, shall be screened from view. Screening shall be architecturally consistent with the adjacent structure in terms of materials. Mechanical equipment should be located below the highest vertical element of the building.

C. Natural Resource Protection Standards. The following provisions are intended to supplement those natural resource protection standards and requirements contained in BIMC Titles 16 (Environment) and 17 (Subdivisions), and specifically to supplement those provisions in Chapters 16.12 (Shoreline Master Program) and 16.20 BIMC (Critical Areas), which remain the primary source of regulation in those areas. In the event of a conflict between the provisions of this section and the provisions of BIMC Title 15 (Buildings and Construction) or Chapter 16.12 or 16.20 BIMC, the provisions of BIMC Title 15 or 16 shall apply.

1. Drainage. Surface and stormwater shall be managed in accordance with the management standards in Chapter 15.20 BIMC. Stormwater runoff shall be detained and disposed of on site or disposed of in a system designed for such runoff and that does not flood or damage adjacent properties. Systems designed for runoff detention and control shall comply with specifications provided by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 15.20 BIMC, pertaining to community facilities.

2. Industrial Wastewater Disposal. Industrial wastewater shall not be discharged into an on-site septic system. Other relevant sections of the BIMC shall apply. (Ord. 2017-02 § 1, 2017; Ord. 2011-02 § 2 (Exh. A), 2011)

Part IV. Other Districts

18.06.060 Business/Industrial.

A. Purpose. The purpose of the business/industrial district is to facilitate development of a diverse economy on the island with business retention, growth, and innovation. The district is intended to provide opportunities for knowledge-based businesses and expansion of Island businesses, for diversity of jobs, and for low-impact industrial activity that is compatible with adjoining residential neighborhoods. The B/I district was formerly called the light manufacturing (LM) district and is intended to implement comprehensive plan provisions related to light manufacturing uses. The B/I district encourages proper site planning and design of developments in order to minimize traffic congestion, visual impacts, environmental impacts, and other impacts and use conflicts within and beyond the district’s boundaries as enabled through development and performance standards.

B. Performance Standards. All uses allowed in the B/I district shall conform to the performance standards listed in BIMC 18.06.050.B.

C. Natural Resource Protection Standards. The following provisions are intended to supplement those natural resource protection standards and requirements contained in BIMC Titles 16 (Environment) and 17 (Subdivisions), and specifically to supplement those provisions in Chapters 16.12 (Shoreline Master Program) and 16.20 BIMC (Critical Areas), which remain the primary source of regulation in those areas. In the event of a conflict between the provisions of this section and the provisions of BIMC Title 15 (Buildings and Construction) or Chapter 16.12 or 16.20 BIMC, the provisions of BIMC Title 15 or 16 shall apply.

1. Drainage. Surface and stormwater shall be managed in accordance with Chapter 15.20 BIMC.

a. Open Space Conservation Easement. A conservation easement approved by the director shall be placed on the designated open space and shall be recorded with the Kitsap County auditor along with the open space management plan (OSMP) as required in subsection C.1.c of this section. Fence standards contained in BIMC 17.12.030.A.8 shall apply when applicable.

b. Uses Allowed within Designated Open Space. Within open space areas, uses must conform with the provisions of Chapter 16.20 BIMC.

c. Open Space Management Plan. An open space management plan (OSMP) shall be prepared by the applicant for review and approval by the city at the time of the application submittal. The OSMP shall include provisions that allow the periodic inspection of the open space by the city. The OSMP shall be recorded with the Kitsap County auditor. The OSMP shall include the following:

i. A list of all approved uses for the open space areas. If a property has a variety of critical areas, the specific locations of each set of permitted uses shall be depicted graphically.

ii. A management plan that clearly describes the frequency and scope of maintenance activities.

iii. Identification of the entity responsible for the maintenance of the open space areas.

2. Maintenance of Open Space Areas. Open space areas shall be maintained permanently by the property owner, the property owners’ association, or the public agency for publicly owned properties. In the event that open space is not maintained consistent with the open space management plan, the city shall have the right to provide the maintenance of the open space, and bill the owner for all costs incurred by the city for the maintenance. Such bill shall become delinquent 20 days after the date of mailing, and the amount due interest shall accrue on and after the date of delinquency at 12 percent per annum or the rate authorized by state statute, whichever is lower. Upon delinquency of 60 days, a lien shall be placed on the property. (Ord. 2016-28 § 9, 2016; Ord. 2011-02 § 2 (Exh. A), 2011)

18.06.070 Water-dependent industrial zone.

A. Purpose. The purpose of the water-dependent industrial (WD-I) zone is to preserve elements of a working waterfront by providing urban shoreline areas intended primarily for commercial, public and recreational uses that require direct contact with the water and cannot exist at a nonwater location due to the intrinsic nature of the operation. Small boat facilities, water-related uses serving marine needs and marine recreational uses are allowed. Development in this zone that is also located within the shoreline jurisdiction must also meet the applicable standards of the Bainbridge Island shoreline management master program. It is a further purpose of this zone to require that development and uses employ best management practices and best available facilities practices and procedures that minimize impacts and protect affected land uses, or the natural environment, including marine wildlife habitat areas, from potential air, water, noise, visual or other forms of pollution, and to encourage public access to the water through waterfront trails and other means that provide both physical and visual access to the water.

B. Performance Standards. All uses allowed in the WD-I district shall conform to the performance standards listed in BIMC 18.06.050 as well as the following:

1. Pollution. Pollution prevention and water quality protection shall be required of all development and operations of facilities that are located within the shoreline jurisdiction by employing current best management practices and best available facilities practices and procedures for marine facilities in accordance with Chapters 15.20 and 15.22 BIMC.

2. Noise. See BIMC 18.06.030.B.1.

3. Lighting. Lighting standards set forth in BIMC 18.15.040 shall apply to the WD-I district. (Ord. 2016-28 § 10, 2016; Ord. 2011-02 § 2 (Exh. A), 2011)

18.06.080 Fort Ward historic overlay.

A. Purpose. The Fort Ward historic overlay district is intended to recognize the historic nature of the Fort Ward area and maintain and integrate its historic elements into the community. BIMC 18.24.110 identifies buildings of historic interest in the Fort Ward historic overlay district, establishes incentives for maintaining and rehabilitating the historic character of these buildings, and establishes the standards and process for historic rehabilitation.

B. Use Standards. The Fort Ward historic overlay district is not included in the BIMC 18.09.020 use table because uses in the Fort Ward historic districts are the same as those in the underlying zone district.

C. Development Standards. Development standards, bonus densities, and review procedures are outlined in BIMC 18.24.110. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.06.090 R-8SF overlay.

A. Purpose. The purpose of the R-8SF overlay district as designated on the official zoning map is to provide for medium density, single-family residential areas in pleasant, uncongested surroundings allowing for the maximum amenities for the occupants. This district is also intended to serve as a receiving area for the transfer of development rights (TDRs).

B. Use Standards. The R-8SF overlay district is not included in the BIMC 18.09.020 use table because the uses in the R-8SF districts are the same as those in the R-8 district, with the exception that multifamily dwellings are not permitted in the R-8SF overlay district. (Ord. 2011-02 § 2 (Exh. A), 2011)

Part V. Zoning District Boundaries

18.06.100 Zoning district boundaries.

A. Zoning boundaries indicated as approximately following the center lines of streets, highways and freeways shall be construed to follow such center lines.

B. Zoning boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C. The portion of water bodies abutting to the city between the uplands fronting thereon and over any tidelands or shorelands intervening between such upland boundary and any such waters to the middle of such abutting water bodies shall be considered to be within the same zoning district as the abutting land area as shown on the official zoning map unless otherwise designated.

D. Boundaries indicated as parallel to or extensions of platted lot lines or streets shall be so construed.

E. When a street or alley is vacated, it shall acquire the zoning designation of the property to which it reverts.

F. If a zoned area was created through a document containing a legal description of the area, that legal description shall govern its boundaries even if the document containing the legal description is later repealed.

G. A project site may contain more than one zoning designation; however, each portion of the site shall contain only those uses, structures, and density permitted within that zoning designation. Density shall not be averaged across zone districts.

H. In the event a zone district boundary is unclear, the director is authorized to make a determination as to the location of that boundary. The director’s decision shall be guided by the standards in subsections A through G of this section, the intent and language of the Bainbridge Island comprehensive plan and the purpose statement of the zoning district where boundaries are in question. The decision of the director shall be subject to appeal pursuant to BIMC 2.16.020.P. (Ord. 2011-02 § 2 (Exh. A), 2011)