Chapter 18.09
USE REGULATIONS

Sections:

18.09.005    Permitted and conditional uses.

18.09.010    Explanation of table abbreviations.

18.09.020    Permitted use table.

18.09.030    Use-specific standards.

18.09.005 Permitted and conditional uses.

Permitted and conditional uses allowed in each zone district are shown in the use table. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.09.010 Explanation of table abbreviations.

The abbreviations used in the permitted use table have the following meanings.

A. “P” in a cell indicates that the use is permitted by right in that zone district. Permitted uses are subject to all other applicable regulations of this code, including the use-specific standards set forth in this chapter.

B. “C” in a cell indicates that, in the respective zoning district, the use is a conditional use that is allowed only if reviewed and approved in accordance with the procedures set forth in BIMC Title 2. Unless otherwise stated in this code or in a conditional use approval, conditional uses are subject to all other applicable regulations of this code, including the use-specific standards set forth in this chapter.

C. An “A” in a cell indicates that the use is permitted as an accessory use to a permitted use or to an approved conditional use in the same zone district. In the case of approved conditional uses, accessory uses listed in the table are permitted unless the terms of the conditional use permit prohibit that accessory use.

D. A “CA” in a cell indicates that the use is permitted as an accessory use to a permitted use or to an approved conditional use, but that a conditional use permit is always required.

E. A “T” in a cell indicates that the use is permitted as a temporary use pursuant to the provisions of this title and the provisions of BIMC Title 2.

F. A blank cell indicates that the use is prohibited in the respective zoning district.

G. The column headed “Use-Specific Standards” identifies a subsection within BIMC 18.09.030 that imposes additional standards with which the use must comply except as authorized by the code. The use specific standard may limit the “P” or “C” designation to certain areas, or may indicate that a “C” use will be treated as a “P” use in some areas. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.09.020 Permitted use table.

Table 18.09.020 identifies the land uses allowed within all zoning districts. No new use or expansion of an existing use may be established except in conformance with the applicable procedures in BIMC Title 2, the following tables, the applicable use-specific regulations referenced in the tables, and any other applicable state or local regulations. Other standards may apply, including, but not limited to, parking, landscaping, and lighting.

A. Additional Restrictions in Shoreline Master Program, Chapter 16.12 BIMC. In addition to Table 18.09.020, properties located within the shoreline jurisdiction are subject to the shoreline master program permitted use table, Chapter 16.12 BIMC. A proposed use of land is only allowed if it is permitted under both use tables.

B. Additional Restrictions in Critical Areas Regulations, Chapter 16.20 BIMC. In addition to Table 18.09.020, properties containing critical areas are subject to critical areas regulations in Chapter 16.20 BIMC. A proposed use of land is only allowed if it is permitted under both use tables.

C. Additional Restrictions in District Performance Standards, Chapter 18.06 BIMC. In addition to Table 18.09.020, a proposed use of land is subject to district performance standards in Chapter 18.06 BIMC.

D. Additional Restrictions in Ferry Terminal District. In addition to Table 18.09.020, a proposed use of land is subject to additional landscaping, parking, and access requirements as footnoted in Table 18.09.020.

E. Additional Restrictions in Stormwater Regulations, Chapter 15.20 BIMC. In addition to Table 18.09.020, a proposed use of land is subject to additional stormwater regulations required in Chapter 15.20 BIMC.

 

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]

PRINCIPAL USES

AGRICULTURAL

Note: Agricultural uses may be subject to additional requirements in BIMC 16.12.040.E, Forest Practices.

All agricultural uses are subject to the critical area regulations in Chapter 16.20 BIMC.

Agricultural uses are not allowed within the shoreline jurisdiction pursuant to Chapter 16.12 BIMC.

Agriculture, Animal

P

P

P

C

C

C

C

 

 

 

 

 

 

 

 

 

P

 

 

A-1

Agriculture, Crop

P

P

P

P

P

P

P

P

P

P

 

 

 

 

 

 

P

 

 

A-2

Agriculture Research Facility

C

C

C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A-3

Agricultural Processing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

P

 

 

RESIDENTIAL

Note: Residential uses may be subject to additional requirements in BIMC 16.12.040.I, Residential Development.

Household Living

Single-Family Dwelling

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

 

B-1

Single-Family Dwelling existing on April 15, 1996

 

 

 

 

 

 

 

 

 

 

P

P

P

 

 

 

 

 

 

B-1

Multifamily Dwellings

C

C

C

C

C

C

P

C

P

P

P

P

P

P

P

P

P

 

 

B-2

Commercial/Residential Mixed Use Developments

 

 

 

 

 

 

 

 

 

 

P

P

P

P

P

P

P

P

 

B-3

Group Living

Foster Home

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

P

 

 

 

Small Group Living Facility

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

 

 

Group Care Facility

C

C

C

C

C

C

C

C

C

P

P

P

P

P

C

P

P

C

C

 

PUBLIC AND INSTITUTIONAL

Community and Educational Facilities

Educational Facility

C

C

C

C

C

C

C

C

C

P

P

P

P

C

C

P

C

C

C

C-1

Governmental Facility

C

C

C

C

C

C

C

C

C

P

P

P

P

C

C

P

C

C

C

C-2

Religious Facility

C

C

C

C

C

C

C

C

C

P

P

P

P

C

C

P

C

C

C

C-3

Parks and Park-Related

Note: Parks and park-related uses may be subject to additional requirements in BIMC 16.12.040.H, Recreational Development.

Community Garden

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

 

C-4

Park, Active Recreation

P

P

P

C

C

C

C

C

C

C

P

P

P

P

P

P

P

 

P

 

Park, Passive Recreation

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

P

 

Recreation Activity, Indoor

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

C

C

P

 

Recreation Activity, Outdoor

P

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

P

 

Other Public and Institutional

Cemetery

C

C

C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Day Care Center

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

P

P

 

C-5

Family Day Care Home

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

 

C-6

Health Care Facility

C

C

C

C

C

C

C

C

C

P

P

P

P

P

C

P

P

C

 

C-7

CULTURAL AND ENTERTAINMENT

Artist Studio

 

 

 

 

 

 

 

 

 

 

P

P

P

P

P

P

P

P

 

 

Club

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

P

 

 

 

Commercial Amusement

 

 

 

 

 

 

 

 

 

 

P

P

P

P

P

P

C

 

 

 

Cultural Facility

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

C

C

C

 

Entertainment Facility

 

 

 

 

 

 

 

 

 

 

P

 

 

 

 

P

C

 

 

 

COMMERCIAL SALES AND SERVICE

Note: Commercial Sales and Service uses may be subject to additional requirements in BIMC 16.12.040.D, Commercial Development.

Accommodation

Bed and Breakfast (3+ bedrooms)

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

P

 

 

 

Inn

 

 

 

 

 

 

 

 

 

 

P

P

P

P

P

P

P

 

 

 

Hotel

 

 

 

 

 

 

 

 

 

 

C

 

 

C

C

P

 

 

 

D-1

Animal Sales and Service

Equestrian Facility

C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

 

Kennel, Indoor

C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

 

Kennel, Outdoor

C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

Veterinarian Clinic or Office

C

C

C

C

C

C

C

C

C

P

P

P

P

P

C

P

C

P

 

 

Food and Beverage

Formula Take-Out Restaurant

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

 

 

D-2

Restaurant

 

 

 

 

 

 

 

 

 

 

P

P

P

P

P

P

P

 

 

 

Food Service Establishment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

D-3

Mobile Retail Food Establishment

 

 

 

 

 

 

 

 

 

 

P

P

P

P

P

P

P

P

P

D-4

Offices and Services

Personal Service

 

 

 

 

 

 

 

 

 

 

P

P

P

P

P

P

P

 

 

D-5

Professional Service

 

 

 

 

 

 

 

 

 

 

P

P

P

P

P

P

P

C

 

D-6

Retail

Commuter-Oriented Retail Sales

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

 

 

 

D-7

Open-Air Sales for Garden Supply

C

C

C

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

 

 

Retail Sales

 

 

 

 

 

 

 

 

 

 

P

P

P

P

 

P

P

 

 

D-8

PRIVATE MOTOR VEHICLE-RELATED

Note: Private motor vehicle-related uses may be subject to additional requirements in BIMC 16.12.030.C.6, Transportation Facilities.

Auto Repair Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

C

 

 

E-1

Car Wash Facility, Manual or Automatic

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

C

C

 

 

Commercial Parking Structure

 

 

 

 

 

 

 

 

 

 

C

 

 

 

 

 

 

 

 

 

Commercial Parking, Surface

 

 

 

 

 

 

 

 

 

 

P

 

 

P

 

 

 

 

 

E-2

Ferry Commuter Parking

 

 

 

 

 

 

 

 

 

 

P

 

 

P

P

 

 

 

 

E-3

Gasoline Service Station

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

C

 

 

 

Motor Vehicle Sales

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

 

E-4

Noncommuter Ferry Parking

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

 

 

 

E-5

Park and Ride Facility/Lot

C

C

C

 

 

 

 

 

 

 

 

 

 

 

 

C

C

C

C

E-6

Park and Ride Lot, Shared Use

C

C

C

C

C

C

C

C

C

C

 

 

 

 

 

C

C

C

C

E-7

Small Engine Repair

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

C

 

 

 

Transport and Delivery Service

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

C

P

 

E-8

Motor Vehicle-Related Services, Not Including Retail and Not Otherwise Listed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

 

 

UTILITY AND TELECOMMUNICATIONS

Note: Utility and telecommunications uses may be subject to additional requirements in BIMC 16.12.030.C.7.

Monopole or Lattice Tower

P

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

 

Small Wind Energy Generator

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

P/C

P/C

P/C

F-1

Solar Panel

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

 

Utility, Primary

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

P

C

F-2

Public Communications Tower

P

P

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

P

A

F-3

Wireless Communication Facilities, Facility I

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Wireless Communication Facilities, Facility II

P

 

 

 

 

 

 

 

 

 

P

P

P

P

P

P

P

P

P

 

Wireless Communication Facilities, Facility III

P

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

INDUSTRIAL USES

Note: Industrial uses may be subject to additional requirements in BIMC 16.12.040.F, Industrial Development.

Manufacturing and Production

Manufacturing, Small-Scale

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

P

 

 

Manufacturing, Light

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

 

Manufacturing, General

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

Mining and Quarrying

C

C

C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

G-1

Research and Development

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

 

Waste and Salvage

Recycling Center

C

C

 

 

 

 

 

 

 

 

C

 

 

 

C

 

C

C

 

G-2

Waste Transfer Facility

C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

G-3

Warehouse and Freight Movement

Commercial Moving and Freight Terminal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

Self-Service Storage Facility

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

P

 

G-4

Warehouse

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

 

Ferry- and Waterfront-Related

Note: Ferry- and waterfront-related uses may be subject to additional requirements in BIMC 16.12.040.C, Boating Facilities; and 16.12.050.C, Overwater Structures.

Barge Moorage and Off-Load Ships

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

H-1

Boat Building

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

H-2

Boat Repair Facility

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

H-3

Cross Harbor Passenger-Only Ferry Terminal and Associated Parking

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

Dry Storage for Boats and Marine Equipment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

Ferry Terminal and Associated Docks, Ramps, Walkways, Trails, Waiting Rooms, and Holding Areas

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

Ferry Slips and Repair Facility

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

H-4

Marine Rental and Sales

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

Marine Way

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

Pleasure and Commercial Vessel Moorage

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

Small Boat Haul-Out Facility

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

Water-Related Supply and Retail Sale

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

ACCESSORY USES

Accessory Agricultural Education

A

A

A

A

A

A

A

 

 

 

 

 

 

 

 

 

A

 

 

I-1

Accessory Agricultural Retail, Minor

A

A

A

A

A

A

A

 

 

 

 

 

 

 

 

 

A

 

 

I-2

Accessory Agricultural Retail, Major

CA

CA

CA

CA

CA

CA

CA

 

 

 

 

 

 

 

 

 

CA

 

 

I-3

Accessory Agricultural Special Event

A

A

A

A

A

A

A

 

 

 

 

 

 

 

 

 

A

 

 

I-4

Accessory Agricultural Tourism

A

A

A

A

A

A

A

 

 

 

 

 

 

 

 

 

A

 

 

 

Accessory Composting Bin

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

 

Accessory Dwelling Unit (outside shoreline jurisdiction)

A

A

A

A

A

A

A

 

A

A

A

A

A

A

A

A

A

 

 

I-5

Accessory Dwelling Unit (within shoreline jurisdiction)

CA

CA

CA

CA

CA

CA

CA

 

CA

CA

 

 

 

 

 

 

CA

 

 

I-5

Accessory Agricultural Processing and Livestock and Poultry Slaughtering

A

A

A

A

A

A

A

 

 

 

 

 

 

 

 

 

A

 

A

I-6

Accessory On-Site Treatment and Storage Facilities for Hazardous Wastes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A

A

A

I-7

Accessory Outdoor Storage

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A

A

A

I-8

Accessory Rain Garden/Swale

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

 

Accessory Rainwater Harvesting Barrel

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

I-9

Accessory Small Wind Energy Generator

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

I-10

Accessory Solar Panel

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

 

Accessory Uses to Agriculture (not otherwise listed)

A

A

A

A

A

A

A

 

 

 

 

 

 

 

 

 

A

 

 

 

Accessory Utilities

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

I-11

Bed and Breakfast (1 – 2 bedrooms)

A

A

A

A

A

A

A

A

A

A

 

 

 

 

 

 

A

 

 

 

Minor Home Occupations

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

 

 

I-12

Major Home Occupations

CA

CA

CA

CA

CA

CA

CA

CA

CA

CA

CA

CA

CA

CA

CA

CA

CA

 

 

I-13

Nonagricultural Accessory Uses and Structures (not otherwise listed)

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

I-14

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 Container Storage

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

J-2

Temporary Commercial Parking

 

 

 

 

 

 

 

 

 

 

T

T

T

T

T

T

 

 

 

J-3

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

Temporary Ferry Commuter Parking

 

 

 

 

 

 

 

 

 

 

T

 

 

T

T

 

 

 

 

J-5

Temporary Noncommuter Parking

 

 

 

 

 

 

 

 

 

 

 

 

 

 

T

 

 

 

 

J-6

Temporary Seasonal Sales

T

T

T

 

 

 

 

 

 

 

T

 

 

 

T

T

T

T

 

J-7

Temporary Homeless Encampment

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

J-8

MARIJUANA-RELATED USES

Marijuana Retailer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

K

Marijuana Processor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

K

Marijuana Producer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

K

Collective Garden

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[1]    In the ferry terminal district, all development shall include at least 10 percent of landscaped or naturally vegetated open space. Parking may be located under the open space. Development south of Winslow Way shall include pedestrian walkways that connect to Winslow Way East and Olympic Drive Southeast, and/or that align with Cave Avenue and Ferncliff Avenue.

(Ord. 2017-14 § 2 (Exh. A), 2017; Ord. 2017-02 § 1, 2017; Ord. 2015-10 § 1 (Exh. A), 2015; Ord. 2014-14 § 1 (Exh. A), 2014; Ord. 2014-26 § 1 (Exh. A), 2014; Ord. 2013-25 § 4 (Exh. A), 2013; Ord. 2012-12 § 1, 2012; Ord. 2011-17 § 1, 2011; Ord. 2011-02 § 2 (Exh. A), 2011)

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.

A. Agricultural. The purpose of agriculture is to provide for all forms of the keeping of livestock and crop-related activities, e.g., crop growing and processing, for commercial and noncommercial agricultural ventures. All agricultural uses are subject to compliance with the critical area regulations in Chapter 16.20 BIMC. To the extent possible, agriculture shall be treated as a preferred use in the zones in which it is a permitted use.

1. Agriculture, Animal.

a. Maximum Animal Densities. The following maximum animal densities shall apply to all agricultural uses, unless the city, its designee, or a qualified third party as approved by the director approves a farm management plan permitting a higher animal density.

Table 18.09.030: Maximum Animal Densities 

 

Large Livestock [1]

Small Livestock [1]

Poultry [3]

Minimum parcel size

20,000 square feet

N/A

N/A

Maximum number if the management standards in subsection A.1.b of this section are not met

1 per 2 gross acres of open space available for grazing and pasturing of the animals [2]

1 per gross acre of open space available for grazing and pasturing of the animals [2]

20 per gross acre of land

Maximum number if the management standards in subsection A.1.b of this section are met

3 per gross acre of open space available for grazing and pasturing of the animals [2]

5 per gross acre of open space available for grazing and pasturing of the animals [2]

50 per gross acre of land

[1]    Nursing young are not counted against permitted animal densities.

[2]    Space available for grazing and pasturing animals shall not include critical areas or their buffers where agriculture is prohibited per Chapter 16.20 BIMC or areas within the shoreline jurisdiction as defined by Chapter 16.12 BIMC.

[3]    The keeping of roosters is only permitted on lots outside of the Mixed Use Town Center.

b. Management Standards. All agricultural facilities must comply with applicable governmental standards and guidelines, including those established by the U.S. Department of Agriculture, the U.S. Environmental Protection Agency, the Washington State Department of Ecology, and the Kitsap County health district.

i. Compliance with Stormwater Regulations. All agricultural uses shall comply with those stormwater regulations in Chapter 15.20 BIMC.

ii. Access to Streams. Large livestock access to streams and their buffers is limited to stream crossing and water points that comply with Kitsap Conservation District specifications. Fencing must be used, as necessary, to prevent livestock access to streams except at those defined points. Bridges may be used instead of stream crossings; provided, that piers and abutments are not placed waterward of the ordinary high water mark or top of bank, whichever is greater. Bridges and fences must be designed to allow free flow of floodwaters and must not diminish the flood carrying capacity of the stream. A hydraulic project approval permit through the Washington State Department of Fish and Wildlife may be required.

iii. Grazing Areas. Grazing areas may extend to the property line except as noted in this subsection A.1.b. Grazing areas shall maintain a vegetative buffer from any wetland or from Type F and N streams pursuant to Chapter 16.20 BIMC.

iv. Accessory Buildings and Heavy Use Areas. The property may contain a heavy use area and/or accessory building subject to the following conditions. No heavy use area and no accessory building or structure used to house, confine, or feed livestock other than swine shall be located (A) closer than 25 feet to any boundary property line (not including internal property lines under same ownership) or (B) closer than 35 feet to any residence on adjacent property that is existing when the accessory building or structure is built or the heavy use area is established. No heavy use area and no accessory building or structure used to house, confine, or feed swine shall be located (A) closer than 50 feet to any boundary property line (not including internal property lines under same ownership), or (B) closer than 100 feet to any residence on adjacent property that is existing when the accessory building or structure is built or the heavy use area is established. Those minimum setbacks can be reduced if the applicant establishes and maintains a hedgerow planting that complies with the standards in the Natural Conservation Resource Service’s Conservation Practice Standard on Hedgerow Planting (Code 422, March 2008), which will be included or cross-referenced in the administrative manual. If a conflict exists between the city and a property owner regarding where the boundaries of a heavy use area are defined, a third party, mutually agreed on by the city and the landowner, can be utilized to help define the boundaries.

v. Manure Management. Management of manure shall follow Kitsap County health district requirements. Manure shall be stored in locations that (A) avoid having runoff from the manure enter streams or wetlands, and (B) maintain the required buffers listed in Chapter 16.20 BIMC (Critical Areas). Surface flows and roof runoff shall be diverted away from manure storage areas.

vi. Egg-Laying Facility. All egg-laying facilities must comply with all applicable governmental standards and guidelines, including those established by the U.S. Department of Agriculture, the U.S. Environmental Protection Agency, the Washington State Department of Ecology, and the Kitsap County health district, including without limitation those addressing treatment of wastes, water discharge, odor control, and setbacks from natural features and surrounding properties.

c. Farm Management Plan. Variations from the limits on maximum numbers of large or small livestock or poultry set forth in subsection A.1.a of this section, or from the management standards in subsection A.1.b of this section, are only permitted through the approval of a farm management plan approved by the city, its designee, or a qualified third party as approved by the director.

2. Agriculture, Crop. Annual and perennial crops from plants, bushes and trees are permitted subject to compliance with all applicable state and federal laws and best management practices, including practices established by the U.S. Department of Agriculture, published or endorsed by the city or its designee.

3. Agricultural Research Facility. An agricultural research facility shall be processed through a minor or major nonagricultural conditional use permit, depending on the scope of the project.

B. Residential.

1. Single-Family Dwellings.

a. In the NC district, single-family dwellings must be in accordance with zoning in the R-2 district except that bonus densities may be obtained pursuant to BIMC 18.12.030.D if applicable.

b. Single-family dwellings in the Mixed Use Town Center:

i. Except for new single-family residences constructed pursuant to subsection B.1.b.ii of this section, only single-family dwellings that were in existence and being used as such prior to the enactment of Ordinance 96-08 are allowed; existing single-family dwellings are subject to R-4.3 zoning development standards.

ii. In the Mixed Use Town Center, any new single-family residences proposed after the enactment of Ordinance 2010-09 shall only be allowed through an approved subdivision that qualifies as a housing design demonstration project pursuant to BIMC 2.16.020.Q. Properties with frontage along Winslow Way between Madison Avenue and State Route 305, excepting flag lots, must include a retail and/or commercial component. Solely residential development is not allowed in this area.

2. Multifamily Dwellings.

a. In the R-1 and R-2 districts, multifamily dwellings in the Fort Ward historic overlay district are permitted (“P”) uses if they comply with BIMC 18.06.080 and 18.24.110.

b. In the R-8SF overlay district, multifamily dwellings are not allowed.

c. In the NC district, multifamily dwellings must be in accordance with zoning in the R-2 district, except that bonus densities may be obtained if applicable under BIMC 18.12.020 and 18.12.030.D.

d. 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.

e. Properties with frontage along Winslow Way between Madison Avenue and State Route 305, excepting flag lots, must include a retail and/or commercial component. Solely residential development is not allowed in this area.

3. Commercial/Residential Mixed Use Development. Principal and accessory uses shall comply with the applicable development standards and performance standards of the B/I and NC districts as well as the other standards listed here.

a. In the B/I district, a single residential unit for security and/or insurability of the premises is permitted. No other residential uses are allowed; and

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.

C. Public and Institutional. Applications to locate uses categorized as educational facilities, governmental facilities, religious facilities, health care facilities, cultural facilities, or clubs in Table 18.09.020 in residential zones shall be processed as major conditional use permits pursuant to BIMC 2.16.110.

1. Educational Facilities.

a. In the B/I district, educational facilities, including vocational schools, preschools (including kindergarten classes), martial arts academies, and other facilities not classified as public or private schools offering primary and secondary education through the high school level are permitted (“P”) uses.

b. In the B/I district, educational facilities meeting the definition of common schools referred to in Article IX of the state constitution and established by law and maintained at public expense and private learning institutions established by law and maintained at private expense, offering primary and secondary education through the high school level, are conditional (“C”) uses.

c. In the WD-I district, educational facilities are a conditional (“C”) use. Conference centers with overnight accommodations are not permitted.

d. In the ferry terminal overlay district educational facilities are only allowed south of Winslow Way.

2. Governmental Facilities.

a. In the WD-I district, governmental facilities are a conditional (“C”) use. Conference centers with overnight accommodations are not permitted.

b. In the ferry terminal overlay district, governmental facilities are only allowed south of Winslow Way.

3. Religious Facilities.

a. In the WD-I district, religious facilities are a conditional (“C”) use. Conference centers with overnight accommodations are not permitted.

b. In the ferry terminal overlay district, religious facilities are only allowed south of Winslow Way.

4. Community Gardens. The keeping of poultry pursuant to the density standards listed in subsection A.1 of this section is allowed as an accessory use to community gardens. The keeping of roosters is only allowed on parcels outside of the Mixed Use Town Center.

5. Day Care Centers.

a. A day care center is subject to site plan and design review pursuant to BIMC 2.16.040.

b. A sight-obscuring fence of at least four feet in height as approved by the city shall be provided, separating any outside area designated for use in relation to the day care center from abutting lots; and

c. Day care centers located in residential zones shall conform to all required standards in subsection C.5 of this section as well as any additional requirements placed by the city after public comments are considered.

d. A day care center shall not be located within 300 feet of another day care center, except for any day care center that is an accessory use in a community service facility.

e. No day care center shall be located in a private family residence unless the portion of the residence where the people receiving care have access is used exclusively for the people receiving care during the hours the center is in operation, or is separate from the usual living quarters of the family.

f. Decision Criteria. Facilities providing day care shall meet the following provisions:

i. Structure(s) shall meet building, sanitation, health, traffic safety and fire code requirements; and

ii. A minimum of one off-street parking space shall be provided for each on-shift employee plus one space per 12 persons served; and

iii. An on-site vehicle turn-around or separate entrance and exit points, and an on-site passenger loading area, must be developed according to plans approved by the city engineer. The city shall consider the location and appearance of the proposed turn-around or access in determining compatibility with surrounding uses; and

iv. Meet state child or adult care licensing requirements; and

v. Conform to the lot size, building size, setback and lot coverage requirements of the underlying zones and/or applicable subdivision; and

vi. Comply with all business licensing requirements; and

vii. Structural or decorative alteration shall not be included in a residential zone if that alteration changes the residential character of an existing residential structure or would be incompatible with surrounding residences; and

viii. Day care activities shall not be conducted before 5:00 a.m. or after 9:00 p.m. in residential zones; and

ix. Structured area for active play or play structures shall not be located in front setbacks in residential zones; and

x. Landscaping must exist or be installed on the site in a manner compatible with abutting residences in residential zones according to a plan approved by the department.

6. Family Day Care Home. A family day care home shall be permitted in all residential zoning districts.

a. One off-street parking space is required for each on-shift, nonresidential employee in addition to the residential parking requirements found in BIMC 18.15.020, Parking and loading. Residential driveways are acceptable access ways.

b. Access streets, parking and/or loading areas shall accommodate the number of estimated vehicle trips generated by the use.

c. Family day care homes located within multifamily dwellings shall not be operated from a combination of dwelling units.

7. Health Care Facilities. In the ferry overlay district, health care facilities are only allowed south of Winslow Way.

D. Commercial Sales and Service.

1. Hotel. In the ferry overlay district, hotels are permitted south of Winslow Way only.

2. Formula Take-Out Restaurants.

a. Any formula take-out food restaurant may not exceed 4,000 square feet and must be in a building that is shared with at least one other business that is not a formula take-out food restaurant. Only one formula take-out food restaurant is permitted per parcel, lot or tract on which all or a portion of a building is located. No drive-through facilities are allowed.

b. In District I of the HSR zone, formula take-out food restaurants are permitted east of SR 305 only.

c. The building and site design shall meet the design guidelines set forth in BIMC 18.18.030.E.

d. Outdoor storage areas, mechanical equipment, and utility vaults shall not be visible from abutting streets and pedestrian walkways.

e. Site services shall be located on the least visible side of a building or site or within interior building spaces to the maximum extent feasible.

f. All signs shall use natural materials such as wood, metal, masonry or stone.

g. There shall be no exterior vending machines such as soft drink dispensers, ice cube freezers, and the like.

h. Trash receptacles shall be placed at the entrances to any building containing formula take-out food restaurants, and shall be maintained by those businesses. Exterior receptacles shall not exhibit logos, company colors/contours, or advertising.

3. Food Service Establishment. In the B/I district, food service establishments must meet the following standards:

a. The use shall be located interior to the B/I district or shall be fully screened from public streets, and no signage shall face primary and secondary arterials or collector streets;

b. The indoor area occupied by the food service business shall be limited to 2,000 square feet; and

c. Food service available to employees and customers shall be limited to between 5:00 a.m. and 6:00 p.m.

4. Mobile Retail Food Establishment. Mobile retail food establishments must meet the following standards:

a. The mobile business operator must obtain permission of the owner of the property upon which the business is going to operate;

b. All operating locations must be approved by the city of Bainbridge Island department of planning and community development;

c. The operating vehicle or structure shall be removed from the site of operation at the end of the business day and the operator shall store/park the vehicle or structure in a manner consistent with applicable provisions of the BIMC;

d. No furniture such as tables or chairs shall be set up on site in conjunction with the mobile business;

e. Drive-through facilities are not allowed;

f. Besides signage existing on the mobile vehicle or structure, additional signage is not allowed;

g. An applicant for a mobile retail food establishment must obtain a business license, and must include a site plan to scale with the business license application that demonstrates:

i. Adequate parking exists on the subject site (including parking for existing plus proposed uses). The mobile retail facility shall occupy a maximum of two parking spaces;

ii. Traffic impacts can be mitigated; and

iii. The establishment will not be placed within a right-of-way or drive aisle. If the establishment is placed within a loading dock, it must move if the loading dock is needed for the primary use.

h. The mobile retail food establishment must meet the requirements of the Kitsap County health district.

5. Personal Services.

a. In the ferry terminal overlay district, personal services may be located anywhere south of Winslow Way.

b. In the ferry terminal overlay district, north of Winslow Way, personal services are permitted only along Winslow Way, within 100 feet north of Winslow Way. Buildings shall have customer entrances on Winslow Way.

6. 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.

7. Commuter-Oriented Retail Sales.

a. Commuter-oriented retail sales must not exceed 2,000 square feet, and must not require customer parking.

b. In the ferry terminal overlay district, north of Winslow Way, commuter-oriented retail is permitted only along Winslow Way, within 100 feet north of Winslow Way. Buildings shall have customer entrances on Winslow Way.

c. In the ferry terminal overlay district, commuter-oriented retail may be located anywhere south of Winslow Way.

d. For new buildings greater than one story, a residential component must be included in the building.

8. Retail Sales.

a. In the NC district:

i. Retail buildings with a footprint up to 5,000 square feet are a permitted (“P”) use.

ii. Retail buildings with a footprint greater than 5,000 square feet but less than 10,000 square feet are a conditional (“C”) use.

iii. Businesses shall screen all outdoor storage in accordance with BIMC 18.06.050.B.10, except for outdoor storage for agricultural produce sales or landscaping retail sales.

b. In the HSR II district:

i. Retail buildings are a permitted (“P”) use up to 5,000 square feet.

ii. Retail buildings with a footprint between 5,000 square feet and 14,400 square feet are permitted through a conditional use permit.

iii. Businesses shall screen all outdoor storage.

c. In the central core, retail development exceeding 5,000 square feet per building footprint is allowed only on Winslow Way and Madison Avenue. Drive-through retail businesses are not permitted.

d. In the Madison Avenue, Ericksen Avenue, gateway, High School Road I and II, and central core districts, drive-through businesses are not permitted.

e. In the Mixed Use Town Center, retail businesses with screened outdoor storage are not allowed.

f. In the Madison Avenue and Ericksen Avenue districts, new retail buildings of more than one story must be accompanied with residential development.

g. In the B/I district, on-site retail sales to the general public must comply with the following standards:

i. Sales are limited to goods or products manufactured or utilized on the premises;

ii. Sales to the general public are clearly subordinate to the primary use of the property as permitted in the B/I district; storefront retail businesses are not permitted in the B/I district;

iii. There shall be no signage advertising the on-site sales or services to the general public;

iv. There shall be no additional on-site parking allowed beyond what is required for the primary use; and

v. Notwithstanding subsections D.8.g.i through iv of this section, semiannual sales to the general public of items manufactured on site is allowed; provided, that each sales event lasts no more than two consecutive days.

E. Private Motor- and Vehicle-Related.

1. Auto Repair Services.

a. Auto repair services are subject to standards in BIMC 16.20.120.

b. Any automobiles remaining on site for more than 72 hours are to be screened according to the outdoor storage development standards in BIMC 18.06.050.B.10.

2. Commercial Parking, Surface. Commercial Parking is subject to the parking standards in BIMC 18.15.020.G.

3. Ferry Commuter Parking.

a. Ferry commuter parking is limited to the 1,201 commuter parking spaces in the gateway, ferry terminal overlay and central core districts, as shown in Figure 6.2 and Table 6-3 of the Winslow master plan. The rights to these spaces may be bought, sold, traded, leased or otherwise exchanged between the properties.

b. Temporary ferry commuter parking is subject to the parking standards in BIMC 18.15.020.F.

4. Motor Vehicle Sales. All business shall be conducted wholly within an enclosed building.

5. Noncommuter Ferry Parking. Permanent noncommuter ferry parking is permitted in accordance with the parking regulations set forth in BIMC 18.15.020.E.1.

6. Park and Ride Facility/Lot. All park and ride lots will be limited to locations adjoining arterial or collector streets and shall provide auto access only from arterial or collector (not local) streets.

7. Park and Ride Lot, Shared Use. Shared park and ride lots shall comply with all use standards for park and ride lots.

8. Transport and Delivery Services. Transport and delivery services are subject to a limitation of 50 one-way trips. Facilities requiring higher levels of trips will require conditional use approval.

F. Utility and Telecommunications.

1. Small Wind Energy Generator. A small wind energy generator is a permitted use in NC, B/I, and WD-I zone districts if it complies with height and width setback requirements of the zone district, and will be a conditional use in the NC, B/I, and WD-I zone districts if it does not comply with height and width setback requirements.

2. Utility, Primary.

a. Primary utility facilities and equipment are subject to standards in BIMC 16.12.030.C.7, Utilities (Primary and Accessory), and BIMC 16.20.130.C.11, critical areas regulations.

b. Replacement, maintenance or upgrade of existing poles and equipment within a utility corridor or right-of-way is considered a permitted (“P”) use.

i. Replacement of a distribution utility pole or a transmission utility pole exceeding the height and/or location standards established in Table 18.12.040 shall require minor site plan review approval in accordance with BIMC 2.16.040 prior to installing the replacement pole.

3. Public Communications Tower. A public communications tower is a permitted (“P”) use in R-0.4, R-1, and B/I zone districts. In all other zones, a public communications tower is allowed as an accessory use to existing governmental facilities. Additions to existing public communications towers are permitted in all zones. A public communications tower is exempt from site plan and design review pursuant to BIMC 2.16.040. 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.

G. Industrial Uses.

1. Mining and Quarrying.

a. No mining or quarrying activities shall be conducted within 500 feet of a property zoned R-2.9 through R-14.

b. All mining and quarrying operations shall maintain a full screen landscaped buffer meeting the standards of BIMC 18.15.010.D.4.a and at least 50 feet wide around each area of mining or quarrying activity. The width of the buffer may be increased up to 100 feet by the planning director through the same standards that apply to B/I district buffers found in BIMC 18.06.050.B.10.

c. All mining and quarrying operations shall comply with all applicable performance standards in BIMC 18.06.070.B (performance standards for the WD-I zone district).

d. All mining and quarrying operations shall comply with all applicable requirements of Chapter 78.44 RCW and Chapter 332-18 WAC (Surface Mining Act) and Chapter 78.56 RCW (Metal Mining and Milling Act).

e. All mining and quarrying shall comply with all applicable performance standards in BIMC 16.28.030.

f. All mining and quarrying operations within the shoreline jurisdiction shall comply with the requirements in BIMC 16.12.040.G.

g. Reclamation for mining and quarrying operations shall be required pursuant to Chapter 78.44 RCW.

2. Recycling Center.

a. In the R-0.4 zone, recycling centers are permitted (“P”) uses; provided, that the subject property has a minimum lot area of two and one-half acres.

b. In the R-1 district, recycling centers are permitted (“P”) uses; provided, that the subject property has a minimum lot area of one acre and has frontage on an arterial.

3. Waste Transfer Facility.

a. No waste transfer facility operation shall be conducted within 500 feet of a property located in any zone district other than the R-0.4 zone district.

b. All waste transfer facility operations shall maintain a full screen landscaped buffer meeting the standards of BIMC 18.15.010.D.4.a and at least 50 feet wide around each waste transfer facility operation. The width of the buffer may be increased up to 100 feet by the planning director through the same standards that apply to B/I district buffers.

c. All waste transfer facility operations and operators shall comply with all applicable requirements of Chapter 70.95 RCW (Solid Waste Management), Chapter 173-350 WAC (Solid Waste Handling Standards), and Chapter 173-351 WAC (Criteria for Municipal Solid Waste Landfills), including the requirement to obtain and maintain a current solid waste permit and to comply with all conditions attached to that permit.

4. Self-Service Storage Facilities. In the NC district, self-service storage facilities are a permitted (“P”) use; provided, that no outdoor storage is visible from abutting properties and public rights-of-way.

H. Ferry- and Waterfront-Related.

1. Barge Moorage and Off-Load Slips. In the WD-I district, barge moorage and off-load slips are conditional (“C”) uses for property located on the south shore of Eagle Harbor.

2. Boat Building. In the WD-I district, boat building is a permitted (“P”) use for property located on the north shore of Eagle Harbor. For property south of Eagle Harbor, boat building is a conditional (“C”) use.

3. Boat Repair Facilities. Boat repair facilities are subject to standards in BIMC 16.12.040.C.

4. Ferry Slips and Repair Facilities. In the WD-I district, ferry slips and repair facilities are permitted (“P”) for property located on the north shore of Eagle Harbor only.

I. Accessory Uses.

1. Accessory Agricultural Education. Accessory agricultural education that generates more than 36 round trips per day on average must be reviewed through an agricultural conditional use permit pursuant to BIMC 2.16.050.E.

2. Accessory Agricultural Retail, Minor.

a. A permitted or approved conditional agricultural use may have any number of accessory agricultural-related events such as agricultural tourism.

b. Parking shall be provided on-site that accommodates the anticipated traffic volumes and does not adversely impact sensitive areas or water quality.

c. The use must comply with all applicable local, county, state and/or federal requirements.

3. Accessory, Agricultural Retail, Major.

a. Major accessory agricultural retail activities must meet the same standards applicable to minor accessory agricultural retail activities, except that (i) the limitation on agricultural special events does not apply, and (ii) the provisions of subsections I.3.b and c of this section apply.

b. All applicants for major agricultural retail must apply for and obtain an agricultural retail plan through the agricultural conditional use procedure in BIMC 2.16.050.

c. The activity may continue as long as the use continues to comply with the criteria that were in effect at the time of original approval. If the activity ceases operation for more than one year (four consecutive seasons) it shall be required to reapply.

4. Accessory Agricultural Special Event.

a. A permitted or approved conditional agricultural use may have any number of agricultural-related special events.

b. A permitted or approved conditional agricultural use may have a maximum of four nonagricultural special events (such as weddings, conferences or parties) per year. A special event can last up to a maximum of two consecutive days. If the special event lasts longer than two consecutive days, each additional period of up to two days shall be considered a separate special event.

c. An agricultural special event shall be reviewed through the agricultural retail process.

5. Accessory Dwelling Unit.

a. An accessory dwelling unit (ADU) may be created within, or detached from, any single-family dwelling, whether existing or new, as a subordinate use, where permitted (“P”) by this chapter.

b. In the shoreline jurisdiction, an accessory dwelling unit may be created within, or detached from, any single-family dwelling, whether existing or new, as a subordinate use, where conditional (“C”) pursuant to this chapter. See Chapter 16.12 BIMC for shoreline conditional use process.

c. Only one accessory dwelling unit may be created per parcel.

d. No variances shall be granted for an accessory dwelling unit.

e. One off-street parking space shall be provided in addition to off-street parking that is required for the primary dwelling.

f. Accessory dwelling units shall be designed to maintain the appearance of the primary dwelling as a single-family dwelling, containing 900 square feet of floor area or less. However, if the accessory dwelling unit will be located within a building existing as of the approval date of Ordinance No. 2015-16 (for example, in a basement) the city may allow an increased size in order to efficiently use all floor area. If a separate outside entrance is necessary for an accessory dwelling unit located within the primary dwelling, that entrance must be located either on the rear or side of the building.

g. If an accessory dwelling unit is constructed in conjunction with a garage, the square footage of the garage shall not count towards the 900-square-foot limitation.

h. An accessory dwelling unit not attached to the single-family dwelling may not contain any accessory use other than a garage.

i. No recreational vehicle shall be an accessory dwelling unit.

j. When stairs utilized for the ADU are enclosed within the exterior vertical walls of the building, they shall not count towards the floor area of the ADU.

k. The ADU shall share a single driveway with the primary dwelling.

l. School impact fees and qualified exemptions from those fees as provided in Chapter 15.28 BIMC shall apply.

m. All other applicable standards including, but not limited to, lot coverage, setbacks, parking requirements, and health district or city requirements for water, sewer, and/or septic must be met.

n. In the Mixed Use Town Center, new accessory dwelling units are only permitted as part of a housing design demonstration project single-family subdivision approved pursuant to BIMC 2.16.020.Q.

6. Accessory Agricultural Processing and Livestock or Poultry Slaughtering.

a. Accessory agricultural processing and livestock or poultry slaughtering must comply with all applicable governmental standards and guidelines, including those established by the U.S. Department of Agriculture, the U.S. Environmental Protection Agency, the Washington State Department of Ecology, the Washington State Department of Agriculture, and the Kitsap County health district, including without limitation those addressing treatment of wastes, water discharge, odor control, and setbacks from natural features and surrounding properties.

b. If the livestock or poultry to be slaughtered are not raised on the property but are transported onto the property for slaughtering, an agricultural retail plan shall be required to be approved through the agricultural conditional use process in BIMC 2.16.050, and the activity shall be required to comply with the terms of that agricultural retail plan once approved.

c. If slaughtering activities take place outdoors and are located within 100 feet of any residence on adjacent property that was existing when the slaughtering activity began, they shall be screened by permanent or temporary structures so that slaughtering activities cannot be seen from adjacent residential properties.

7. Accessory On-Site Treatment and Storage Facilities for Hazardous Wastes. This use is subject to the state siting criteria of Chapter 70.105 RCW.

8. Accessory Outdoor Storage.

a. In the NC district, outdoor storage is subject to the performance standards of BIMC 18.06.050.B.10.

b. In the WD-I district:

i. Outdoor storage that does not exceed 1,000 square feet in area and is associated with an outright permitted use is a permitted (“P”) use; and

ii. Outdoor storage greater than 1,000 square feet in area and associated with an outright permitted use is a conditional (“C”) use.

9. Accessory Rainwater Harvesting Barrels. Accessory rainwater harvesting barrels are a permitted accessory structure in all zone districts.

10. Accessory Small Wind Generator System. Accessory small wind generator systems are subject to the height and setback requirements of each district, including modifications pursuant to BIMC 18.12.040.

11. Accessory Utilities. Accessory utilities structures within fish and wildlife habitat conservation areas will be subject to utility standards in BIMC 16.20.130.C.11. They are also subject to BIMC 18.12.040, permitted modifications.

12. Minor Home Occupations. Minor home occupations shall meet all of the following criteria:

a. The business, including operations and storage, shall occupy no more than half of the residential gross floor area, which includes all accessory buildings. If the business occupies an accessory building, the square footage of that building shall not be larger than the primary residential building; and

b. The business shall be conducted wholly within a residence or an accessory building and is clearly subordinate to the residence; and

c. No more than one person who is not a resident of the dwelling shall be employed on site in the home occupation; and

d. The appearance of the property shall not be visibly altered so as to look like a business premises rather than a dwelling unit. No expansion of the parking area is allowed beyond that required for the residence. No parking in the setbacks or buffers is allowed; and

e. With the exception of home-based teaching, the use shall not generate more than five round trips per day related to the home occupation. If the home-based teaching business is located on property that abuts and has direct access to a secondary and/or primary arterial street as designated on the adopted street classification map, the business is allowed unlimited student-related trips. If not, the home-based teaching business shall be allowed up to 24 student-related trips per day; and

f. No outdoor storage or other exterior indication of the business shall be visible beyond the subject property; and

g. Commercial vehicles shall not be used for the home occupation or stored on the premises, other than that normally used by the applicant or an employee; and

h. A business license from the city shall be obtained as required in BIMC Title 5; and

i. No portion of the dwelling may be separately rented, leased, sold, or occupied as a commercial space for any person not living in the premises; and

j. No noise, vibration, emissions, dust, odor, heat or glare that would exceed what is normally associated with a dwelling shall be produced by the business beyond the subject property; and

k. No structural or decorative alteration or display is permitted related to the home occupation; however, a two-square-foot wooden sign is permitted; and

l. Delivery service shall neither restrict traffic circulation nor overload public or private roads; and

m. Minor home occupations shall be permitted to continue as long as the use continues to comply with the criteria that were in effect at the time of original approval and as long as the business complies with local and state regulations, such as renewing business licenses as required by ordinance; and

n. The addition of a new home occupation is not a change of use and does not require site plan review; and

o. The owner of the home occupation shall be a resident of the premises.

13. Major Home Occupations. Major home occupations shall comply with all use standards for minor home occupations and shall also meet the following requirements:

a. The building official shall determine the maximum occupancy load of the structure(s) in which the home occupation is proposed; the city shall consider this number along with all other pertinent facts and comments in determining the maximum number of employees allowed on the premises to work in the home occupation at any one time; and

b. The subject property shall not be altered except to install screening or buffers. No parking in setbacks and buffers shall be allowed; and

c. No more than three vehicles shall be parked on or in the vicinity of the property as a result of the business at any one time; and

d. On-site sales shall be limited to items produced on the premises or incidental to the major home occupation; and

e. Access ways shall be accessible to emergency vehicles.

14. Nonagricultural Accessory Uses and Structures (Not Otherwise Listed).

a. In the B/I district, customary accessory uses such as administrative offices, parking lots, outdoor storage of supplies or manufactured products, employee lunch and recreation rooms, limited on-site sales of products and a single residential unit for security and/or insurability of the premises are a permitted (“P”) use if the primary use is a permitted use, or conditional (“C”) use if the primary use is a conditional use.

b. In the residential zone districts, the keeping of up to five poultry is allowed as an accessory use. The keeping of roosters is only permitted on lots outside of the Mixed Use Town Center. Additional chickens are an accessory use to agriculture and are allowed only in districts where that use is permitted.

c. Accessory structures are allowed on a lot without a primary use, subject to the following criteria:

i. The lot was contiguous to a lot under the same ownership as of the date of construction of the accessory structure; and

ii. The size of the accessory structure, if constructed after November 9, 2011 (date of adoption of the ordinance codified in this section), shall not exceed 800 square feet; and

iii. A boundary line adjustment or plat that separates an existing accessory structure from a primary structure shall not require demolition of the accessory structure, regardless of size.

d. The demolition of a primary structure shall not require the demolition of an accessory structure on the same lot and/or contiguous lot; however, the primary structure must be constructed within two years. This time limit can be extended by the director pursuant to BIMC 2.16.020.M upon request of the property owner.

J. Temporary Uses.

1. Temporary Construction Building.

a. Temporary construction buildings may not be erected or moved on a site before a building permit for the primary building has been issued, and must be removed no later than 30 days after a certificate of occupancy for the primary building has been issued;

b. A building permit for the primary building must be issued and valid;

c. The temporary structure, manufactured home or recreational vehicle must not be permanently affixed to the lot;

d. Potable water and sanitation facilities must be available on the site;

e. Approval from the department must be obtained in writing authorizing such construction living quarters; provided, that approval shall be granted for one year, which may be extended for a six-month period if substantial progress is made on the construction of the principal building; and

f. The temporary construction building must meet setback requirements for the zone in which it is situated.

g. All requirements set forth in Chapters 16.12 and 16.20 BIMC must also be met.

2. Temporary Container Storage.

a. In residential zones, temporary container storage units may be placed on or at a property for a period not to exceed 30 calendar days in a single calendar year, with two portable storage units allowed at a site at a time. There are two allowances per calendar year.

b. In commercial and mixed use zones, temporary container storage units may be placed on or at a property for the duration of the specific development project or within 18 months of the development approval, whichever comes first. In those zones, it is encouraged to co-locate such temporary storage on available current or temporary commercial parking lots.

c. Temporary container storage units shall be placed in the driveway or other paved or gravel surface. The unit shall not be placed within any public right-of-way including sidewalks. In residential zones, the unit shall not be placed within a required setback area. At the discretion of the city, the unit may be placed in an alternative location; provided, that the alternative location does not create an unsafe condition.

3. Temporary Commercial Parking. Temporary commercial parking lots shall comply with the provisions of BIMC 18.15.020.I.

4. Temporary Public Events or Gatherings. Such uses shall be allowed up to three consecutive days. Four events are allowed per year.

5. Temporary Ferry Commuter Parking. Temporary ferry commuter parking lots shall comply with the provisions of BIMC 18.15.020.F.

6. Temporary Noncommuter Parking. Temporary noncommuter ferry parking is permitted only with a conditional use permit pursuant to BIMC 2.16.050, and is subject to the parking standards in BIMC 18.15.020.E.2.

7. Temporary Seasonal Sales.

a. Temporary outdoor sales are permitted in any zone district subject to compliance with this section.

b. A temporary use permit for temporary outdoor sales shall not exceed a term of 30 consecutive days, and only two permits within a calendar year may be granted for each principal permitted or approved conditional use.

c. All temporary outdoor sales activity shall comply with the following requirements:

i. The location of the temporary sales activity shall allow customers to drive into an existing off-street parking area. No temporary outdoor sales may interrupt the flow of traffic on public streets or access ways into a shopping area.

ii. The applicant shall demonstrate there will be adequate parking for the existing use as well as the temporary outdoor sales. The director may modify this requirement if the applicant can otherwise demonstrate that adequate parking for the existing and proposed uses will be provided.

iii. The fire department shall approve all proposals for temporary outdoor sales from a tent.

iv. The area occupied by the temporary sales activity, plus any adjacent clear area required by the fire code, shall occupy no more than 20 percent of any required off-street parking spaces or area.

v. In the MUTC, HSR, NC, and B/I districts, all trucks or tents and associated parking shall be located on asphalt, concrete, permeable pavement, or an equivalent surface unless the applicant demonstrates no adverse effect on drainage, access, or the intent of this code, as determined by the director.

8. Temporary Homeless Encampment. An application for a temporary homeless encampment permit will be reviewed and decided upon by the director of planning and community development (hereafter “director”), and must meet the following standards:

a. A temporary homeless encampment is only allowed on property in conjunction with a religious facility. An application for a homeless encampment must include a religious facility or other community-based organization as a sponsor or managing agency.

b. The applicant shall submit an irrevocable, signed, and notarized statement granting the city permission to summarily abate the temporary use and all physical evidence of that use if it is not removed by the applicant within the period specified as part of the permit, and agreeing to reimburse the city for any expenses incurred by the city in abating the temporary use.

c. The encampment shall meet all setbacks for the zoning districts described in BIMC 18.12.020. The encampment shall be located a minimum of 20 feet from the property line of abutting properties containing residential uses.

d. The director may require a sight-obscuring fence around the perimeter of the homeless encampment unless it is determined that there is sufficient vegetation, topographic variation, or other site conditions such that fencing would not be needed.

e. Exterior lighting for the homeless encampment must meet the requirements of BIMC 18.15.040.

f. The maximum number of residents within a homeless encampment is 100.

g. Parking for five vehicles shall be provided.

h. The applicant shall submit a transportation plan which shall include provision of transit services. The homeless encampment shall be located within one-half mile of transit service.

i. No children under 18 are allowed in the homeless encampment. If a child under the age of 18 attempts to stay at the homeless encampment, the managing agency shall immediately contact Child Protective Services.

j. No animals shall be permitted in encampments except for service animals.

k. The applicant shall submit a code of conduct for the encampment and describe how it is to be enforced by the managing agency. The code shall contain the following as a minimum:

i. No drugs or alcohol.

ii. No weapons.

iii. No violence.

iv. No open flames.

v. No loitering in the surrounding neighborhood.

vi. Quiet hours.

l. The managing agency shall ensure compliance with Washington State and city codes concerning but not limited to drinking water connections, human waste, solid waste disposal, electrical systems, and fire-resistant materials. The city shall coordinate review of the temporary homeless encampment permit with the Kitsap Public Health District and Bainbridge Island fire department. The managing agency shall permit daily inspections by the city and/or health department to check compliance with the standards for homeless encampments.

m. The managing agency shall take all reasonable and legal steps to obtain verifiable identification from prospective encampment residents and use the identification to obtain sex offender and warrant checks from the appropriate agency. All requirements by the city of Bainbridge Island police department related to identified sex offenders or prospective residents with warrants shall be met.

n. Homeless encampments may be approved for a time period not to exceed 92 days.

o. The city may grant a temporary use permit only if it finds that the proposed temporary use will not be materially detrimental to the public welfare, or injurious to the property or improvements in the immediate vicinity.

p. There is no administrative appeal of the director’s decision for a temporary use permit. The action of the city in granting or denying an application under this chapter may be reviewed pursuant to the standards set forth in RCW 35.70C.130 in the Kitsap County Superior Court. The land use petition must be filed within 21 calendar days of the issuance of the final land use decision of the city. For more information on the judicial process for land use decisions, see Chapter 36.70C RCW.

K. Marijuana-Related Uses.

1. The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the city of Bainbridge Island is an authorization to circumvent federal law or to provide permission to any person or entity to violate federal law. Only Washington State licensed marijuana producers, processors, and marijuana retailers may locate in the city of Bainbridge Island and then only pursuant to a license issued by the state of Washington. The purposes of these provisions is solely to acknowledge the enactment by Washington voters of Initiative 502 and state licensing procedures to permit, but only to the extent required by state law, marijuana processors, marijuana producers and marijuana retailers to operate in designated zones of the city.

2. In addition to any other applicable remedy and/or penalty, any violation of this section is declared to be a public nuisance per se, and may be abated by the city attorney under the applicable provisions of this code or state law, including but not limited to the provisions of Chapters 1.24, 1.26 and 9.40 BIMC.

3. Marijuana Retailer. Marijuana retailing is a permitted use in the business/ industrial zoning district. A site plan and design review permit may be required, pursuant to BIMC 2.16.040.B, Site Plans and Design Review Applicability.

4. Marijuana Processors. Marijuana processing is a permitted use in the business/industrial zoning district. A site plan and design review permit is required and must be approved prior to any city approval of business licenses or other required permits.

5. Marijuana Producers. Indoor marijuana production is a permitted use in the business/industrial zoning district subject to the following conditions:

a. A site plan and design review permit is required and must be approved prior to any city approval of business licenses or other required permits;

b. The business must integrate a system that reuses at least 25 percent of wastewater within two years of initial crop planting;

i. The city may request documentation or a monitoring report to ensure that the water reuse standards are being met.

6. No marijuana-related uses are allowed on city-owned property. (Ord. 2017-14 § 3, 2017; Ord. 2017-02 § 1, 2017; Ord. 2016-28 § 10, 2016; Ord. 2015-16 § 1, 2015; Ord. 2015-23 § 3, 2015; Ord. 2015-10 § 2, 2015; Ord. 2014-14 § 2, 2014; Ord. 2014-26 § 2, 2014; Ord. 2014-05 § 1, 2014; Ord. 2013-25 § 5, 2013; Ord. 2012-12 § 2, 2012; Ord. 2011-02 § 2 (Exh. A), 2011)