Chapter 18.15
DEVELOPMENT STANDARDS AND GUIDELINES

Sections:

18.15.005    Compliance – Conflicts.

18.15.010    Landscaping, screening, and tree retention, protection and replacement.

18.15.020    Parking and loading.

18.15.030    Mobility and access.

18.15.040    Outdoor lighting.

18.15.050    Signs.

18.15.005 Compliance – Conflicts.

All development in the city of Bainbridge Island shall comply with the development standards in this chapter unless it is explicitly exempted or other applicable laws impose a more specific standard or criteria. The following sections of the BIMC may impose additional development standards, and in the case of conflict between any two or more development standards or criteria, the more specific shall apply, except that in the event of a conflict between any provision of this chapter and the provisions of Chapter 16.12 (Shoreline Master Program) or 16.20 BIMC (Critical Areas) on a topic where state law requires the standards or criteria of Chapter 16.12 or 16.20 BIMC to apply, those standards shall supersede this section.

A. BIMC 2.16.020.Q, Housing Design Demonstration Projects;

B. Chapters 15.20 and 15.21 BIMC, stormwater management;

C. Chapter 16.12 BIMC, Shoreline Master Program;

D. Chapter 16.20 BIMC, Critical Areas;

E. BIMC 16.26.040, Right to farm, buffers;

F. BIMC 16.28.040, Mining, regulations, buffers;

G. BIMC 17.12.030, flexible lot design open space/cluster standards; BIMC 17.20.020, dedication of land for parks and open space facilities;

H. BIMC 18.09.030, Use-Specific Standards. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.15.010 Landscaping, screening, and tree retention, protection and replacement.

All development shall comply with the following regulations addressing landscaping and screening unless other applicable regulations require additional or different forms of landscaping or screening, in which case the more specific standard or criteria shall govern.

A. Purpose.

1. General. The purpose of this section is to preserve the landscape character of the community, link the Island’s natural amenities with landscape greenbelts along roads, improve the aesthetic quality of the built environment, promote retention and protection of existing vegetation, reduce the impacts of development on wetlands, streams and the natural environment, enhance the value of current and future development and increase privacy for residential zones, and encourage preservation of significant and heritage trees by:

a. Retaining existing vegetation, tree stands and significant trees by incorporating them into the site design.

b. Incorporating native vegetation and drought resistant plant material into new landscape developments.

c. Providing vegetated screening between different intensities of residential uses, and between development and roads.

d. Providing visual relief of parking areas in the neighborhood centers, the Winslow Mixed Use Town Center, and the light manufacturing, (water-dependent) industrial, High School Road and urban multifamily districts.

e. Providing vegetated screening between residential and nonresidential areas.

f. Preserving, protecting, and enhancing critical areas.

g. Protecting the natural forested areas.

2. Specific Zone Districts. In addition to the regulations listed in subsection A.1 of this section:

a. For single-family residential short plats and subdivisions in residential districts, the intent is to preserve the greenbelts along designated scenic roadway corridors.

b. In the R-8 and R-14 multifamily residential districts, the intent is to screen urban multifamily projects from adjacent lower density residential properties and to soften the appearance of surface parking areas.

c. For nonresidential uses outside the Winslow Mixed Use Town Center, High School Road I and II, NC, B/I, and WD-I districts, the intent is to retain the natural landscape qualities of the Island by retaining existing vegetated buffers to screen views of structures and parking areas and to buffer between areas of high and low intensity uses.

d. In the Winslow Mixed Use Town Center central core and ferry terminal overlay districts, the intent is to provide an urban character by incorporating landscape standards; and to provide landscape development to screen uses from single-family residential properties; and to soften the appearance of surface parking areas.

e. In the Winslow Mixed Use Town Center, Ericksen Avenue and Madison overlay districts, the intent is to retain the character of landscape front yards; and to provide landscape development to screen uses from single-family residential properties; and to soften the appearance of surface parking areas.

f. In the Winslow Mixed Use Town Center gateway overlay district, the intent is to retain the greenbelt located adjacent to SR 305 consistent with the greenways plan and to provide landscape development to screen uses from single-family residential properties.

g. In the High School Road I and II districts, the intent is to provide landscape development to screen uses from adjacent single-family residential properties and to soften the appearance of surface parking areas.

h. In the NC district, the intent is to incorporate landscape standards that support pedestrian scale neighborhood uses compatible with the intensity of the surrounding residential neighborhood; to minimize the impact of lighting, noise and views of surface parking areas; and to provide a buffer between higher and lower intensity uses.

i. In the B/I district, the intent is to provide a year-round vegetated screen and a noise and site lighting buffer of industrial development from adjacent nonindustrial properties and roadways.

j. In the WD-I district, the intent is to provide landscape development that screens parking lots and large structures, but allows visual access to the shoreline and small scale active industrial facilities.

B. Applicability.

1. All new development, except single-family residential building permits, shall be subject to the requirements of this section, except as modified by subsections B.2 and B.3 of this section.

2. Projects subject to the conditional use permit process may be required to exceed the requirements of this chapter.

3. Specific submittal requirements for landscaping plans (tree protection, retention and planting plans) are included in the city’s administrative manual.

4. Specific landscape requirements applicable to development in each zone district are indicated with an “X” and summarized in the following Table 18.15.010-1.

 

Table 18.15.010-1: Landscape Requirements by Zone District 

Landscape Requirements for Land Uses and Districts

Significant Tree and Tree Stand Retention

Perimeter Landscape

Roadside Buffer

Parking Lot Landscaping

Total Site Tree Unit Requirements

Planting Requirements

Irrigation

Maintenance

Single-Family Residential Short Plats and Subdivisions

X

X

(Cluster Subdivisions Only)

X

 

 

X

X

X

R-8 and R-14 Multifamily Districts

X

X

X

X

X

X

X

X

Nonresidential Uses in Residential Districts

X

X

X

X

X

X

X

X

Winslow Mixed Use Town Center [1]

Central Core Overlay

X

X

X [2]

X

X

X

X

X

Ericksen Ave. Overlay

X

X

X [2]

X

X

X

X

X

Madison Ave. Overlay

X

X

X [2]

X

X

X

X

X

Gateway Overlay

X

X

X [2]

X

X

X

X

X

Ferry Terminal Overlay

X

X

X [2]

X

X

X

X

X

High School Road District

X

X

X [2]

X

X

X

X

X

NC District

X

X

 

X

X

X

X

X

B/I District

X

X

X

X

 

X

X

X

WD-I District

X

X

X

X

 

X

X

X

[1] Refer to Chapter 18.18 BIMC for additional landscape requirements specific to the Mixed Use Town Center districts.

[2] Roadside buffer requirement is adjacent to Highway 305 only.

C. Tree Retention, Protection and Replacement. Where Table 18.15.010-1 indicates that development must comply with the requirements of this subsection C, all development shall comply with the following requirements. These requirements are intended to supplement any regulations in Chapters 16.12 (Shoreline Master Program) and 16.20 (Critical Areas) BIMC, which remain the primary source of regulation for environmentally sensitive areas in Bainbridge Island. In the event of any inconsistency between the requirements of this subsection C and the requirements of Chapters 16.12 and 16.20 BIMC, the requirements of Chapters 16.12 and 16.20 BIMC shall apply.

1. Retention.

a. Intent. The intent of these regulations is to preserve the forested character of the Island by preserving existing vegetation, trees and tree stands, and incentivizing tree protection and replacement in certain districts through a tree unit system, thereby mitigating the development impacts of increased stormwater runoff, impervious surface, and loss of carbon dioxide absorption capacity. This shall be accomplished in a manner consistent with the comprehensive plan and the requirements of Washington law and to discourage the removal of significant tree(s) and tree stands.

b. Perimeter Tree Retention Requirements. Trees and tree stands located in the perimeter areas required to be landscaped pursuant to subsections D and E of this section shall be retained and protected as described in subsection C.4 of this section, unless an applicant can demonstrate during the land use permit review process that the existing trees and vegetation will be compromised after the development is complete, and would likely become hazardous as described in subsection C.1.c of this section. If the applicant can demonstrate that hazard, then new trees and vegetation may be planted pursuant to the planting standards of subsection D.4 of this section. Perimeter landscape widths may be averaged to save significant trees, but shall not be reduced to less than the allowed minimum perimeter dimension.

c. Exceptions. Significant trees and tree stands may be removed if it is determined by a consulting arborist who is certified by the American Society of Consulting Arborists, or a TRACE certified professional as established by the PNW Chapter of the International Society of Arboriculture, and whose services are paid for by the applicant, that the vegetation is:

i. A safety hazard due to potential root, trunk, or primary limb failure, or due to exposure of mature trees that have grown in a closed, forested situation; or

ii. Damaged, diseased, or standing dead trees.

d. Protection of Tree Stands. Notwithstanding a determination under subsection C.1.c of this section, if trees have been removed from a closed, forested location, a buffer of smaller trees shall be retained or planted on the fringe of the closed, forested area. The buffer of smaller trees shall be adequate to protect the health of the remaining mature trees in the closed, forested area, as determined by a consulting arborist who is certified by the American Society of Consulting Arborists, and whose services are paid for by the applicant.

2. Replacement.

a. Intent. The intent of these regulations is to discourage the unauthorized removal of significant tree(s) and tree stands; and to establish a replacement or fine if such activity occurs. All replanting plans must be prepared or approved by a landscape architect licensed by the state of Washington, a Washington certified nursery professional or a Washington certified landscaper, a consulting arborist who is certified by the American Society of Consulting Arborists, or a TRACE certified professional as established by the PNW Chapter of the International Society of Arboriculture.

b. Requirements for Unauthorized Removal. If trees required to be retained pursuant to subsection C.1 of this section are not retained or if protection measures described in subsection C.4 of this section are not fully implemented, they shall be replaced by at least one-and-one-half times (150 percent) of the number of tree units removed. The trees removed shall be replaced with trees of the same type, evergreen or deciduous. Native shrubs and ground cover shall also be replaced when replacing tree stands due to unauthorized removal. Shrubs shall be one-gallon size planted four feet on center spacing; ground cover shall be one-gallon size planted three feet on center spacing. The shrubs and ground cover shall be planted within the limits of the previous tree stand canopy.

c. Requirements for Permitted Removal. A property owner may request removal of trees required to be retained pursuant to this chapter by applying for a clearing permit (Chapter 16.18 BIMC). Trees will be approved for removal only if they meet the hazard tree requirements of subsection C.1.c of this section. The clearing permit application shall include a replanting plan. In designing the replanting plan, the landscape or tree professional must consider what landscape function the tree(s) to be removed are serving on the property (e.g., parking lot, street tree, perimeter screening), and what species and location(s) for replanting strives to replace that function. New planting areas may need to be created to achieve this goal.

3. Enforcement and Penalties. Failure to retain, replace or transplant trees will be enforced as follows; provided, that any fine shall be no less than three times the value of the trees, as determined by the current standards of the International Society of Arboriculture. If unauthorized tree(s) or vegetation removal occurs within the public right-of-way, all permits in force on the subject property shall be suspended and no new permits issued until the tree(s) or vegetation has been replaced or all penalties have been satisfied. The director is authorized to make site inspections and take such actions as are necessary to enforce this title in accordance with Chapters 1.16, 1.24, and 1.26 BIMC. The director may require an evaluation by a tree professional, a qualified engineer, landscape architect, soils engineer, testing lab, or other specialist at any time during the tree plan review process or tree removal inspection as necessary to ensure compliance with the provisions of this chapter and/or the terms of the clearing permit. Applicant shall be responsible for any associated costs.

a. Notice of Infraction. It is unlawful for any person to:

i. Initiate or maintain, or cause to be initiated or maintained, the use, construction, placement, removal, alteration, or demolition of any structure, land, vegetation or property within the city contrary to the provisions of this chapter.

ii. Misrepresent any material fact in any application, plans or other information submitted to obtain permits or authorizations under this title or not following the conditions of an approval.

iii. Remove or deface any sign, notice, complaint, or order required by or posted in accordance with this chapter.

iv. Fail to submit or implement a planting plan as required by this section.

b. Stop Work Orders. The city shall have the authority to issue a stop work order to cease all development work, and order restoration, rehabilitation, or replacement measures, including applicable sureties, at the owner’s or other responsible party’s expense to compensate for the use, construction, placement, removal, alteration, or demolition of any structure, land, vegetation or property within the city contrary to the provisions of this chapter.

c. Additional Remedies. In addition to any other remedy provided by this chapter or under the BIMC, the city may initiate injunction or abatement proceedings or any other appropriate action in courts against any person who violates or fails to comply with any provision of this chapter to prevent, enjoin, abate, and/or terminate violations of this title and/or to restore a condition which existed prior to the violation. In any such proceeding, the person violating and/or failing to comply with any provisions of this chapter shall be liable for the costs and reasonable attorneys’ fees incurred by the city in bringing, maintaining and/or prosecuting such action.

d. Notice of Infraction. Except as provided in subsection C.3.f of this section, conduct made unlawful by the city under this chapter shall constitute a civil infraction and is subject to enforcement and fines as provided in BIMC 1.26.035, and additionally, is subject to fines as provided in Table 18.15.010-2. A civil infraction under this section shall be processed in the manner set forth in Chapter 1.26 BIMC.

e. Civil Penalty.

i. In addition to any civil infraction fine, criminal penalty, and/or other available sanction or remedial procedure, any person engaging in conduct made unlawful by this chapter shall be subject to a cumulative civil penalty in the amount of $1,000 per day for each violation from the date set for compliance until the date of compliance. Any such civil penalty shall be collected in accordance with BIMC 1.26.090.

ii. A person who fails to comply with the requirements of this chapter or the terms of a permit issued hereunder, who undertakes an activity regulated by this chapter without obtaining a permit, or fails to comply with a cease and desist or stop work order issued under this chapter shall be subject to a civil penalty as set forth in Table 18.15.010-2. Each unlawfully removed or damaged tree shall constitute a separate violation.

iii. Any person who aids or abets in the violation shall be considered to have committed a violation for purposes of the civil penalty.

iv. In addition to the penalties addressed under subsection C.3.e.ii of this section, failure to retain, replace or transplant trees will be enforced as provided in this code; provided, that any financial penalty assessed will be the greater of the amount indicated in Table 18.15.010-2 or three times the value of the trees, as determined by the current standards of the International Society of Arboriculture, whichever is greater. The director may elect not to seek penalties if he or she determines that the circumstances do not warrant imposition of civil penalties in addition to restoration.

Exception to director’s discretion statement above: Any tree identified on a development project’s required landscaping plan as retained and given a monetary value per subsection G.3.a.iii of this section that is removed, or dies during the surety period due to improper protection during construction, shall be subject to an automatic fine of three times the tree’s stated value. All of the project’s active permits shall also be suspended until the fine is paid and all restoration work completed.

Table 18.15.010-2: Penalties 

Types of Violations

Allowable Fines per Violation

1. Removal of tree(s) approved to be removed, but prior to final tree retention and planting plan approval or issuance of a city tree removal permit

$100.00 per tree

2. Removal or damage of tree(s) that are or would be shown to be retained on an approved tree retention and planting plan or any other violation of approved tree protection plan

$1,000 per tree

3. Removal of tree(s) without applying for or obtaining a required city land use permit

$1,000 per tree

4. Removal of tree(s) without applying for or obtaining a required city clearing permit

$1,000 per tree

The financial penalty will be the amount indicated in this table or three times the value of the trees, as determined by the current standards of the International Society of Arboriculture, whichever is greater, pursuant to subsection C.3.e.iv of this section.

f. Repeat Offenders. Any person who again violates this chapter within 12 months after having been found by the Bainbridge Island municipal court to be in violation of this chapter commits a misdemeanor and any person who is convicted of that misdemeanor shall be punished as provided in BIMC 1.24.010.A.

4. Protection During Construction and Development.

a. Intent. The intent of these regulations is to provide the best protection for existing vegetation, trees and tree stands, including protection for trees on adjacent properties, protection of LID BMPs during construction and development activities, and preservation of the ecological function of the landscaping area by protecting existing soil.

b. Requirements.

i. No cutting of trees shall be allowed on a site until the tree retention and planting plans have been approved by the director and a clearing, grading or building permit issued.

ii. In order to preserve future ecological function, the applicant shall identify areas of prohibited disturbance, generally corresponding to the dripline or critical root zone (as identified by a consulting arborist) of the existing vegetation, trees and/or tree canopy of tree stands to be retained, buffers, areas of existing vegetation to be maintained, future LID BMPs, and future planting areas larger than 400 square feet (i.e., landscape islands in parking lots). The prohibited disturbance areas shall be reviewed and approved by the director as part of the land use permit review process.

iii. A temporary five-foot-high chain link fence with tubular steel poles or “T” posts shall delineate the area of prohibited disturbance defined in subsection C.4.b.ii of this section, unless the director has approved the use of a four-foot-high plastic net fence as an alternative. The fence shall be erected and inspected by city staff before clearing, grading and/or construction permits are issued and shall remain in place until construction has been completed, and shall at all times have affixed to it a sign indicating the protected area.

iv. No impervious surfaces, fill, excavation, vehicle operations, compaction, removal of native soil or storage of construction materials shall be permitted within the area defined by the required construction fencing. If avoiding construction and compaction in future planting areas is unavoidable, the landscape plan for the project shall include methods for aerating and/or augmenting compacted soil to prepare for new planting, pursuant to subsection H.2 of this section.

v. A rock well shall be constructed if the grade level around the tree is to be raised more than one foot. The inside diameter of the well shall be equal to the diameter of the dripline or critical root zone (as identified by a consulting arborist) of the tree or tree canopy of tree stands.

vi. The grade level shall not be lowered within the larger of (A) the dripline or critical root zone (as identified by a consulting arborist) of the tree, or the tree canopy of tree stands, or (B) the area recommended by a consulting arborist.

vii. Alternative protection methods may be used if recommended by a consulting arborist and determined by the director to provide equal or greater tree protection.

viii. Wherever this subsection C.4 allows or requires the involvement of a consulting arborist, that individual shall be selected from the city’s list of current arborists certified by the American Society of Consulting Arborists and his or her services shall be paid for by the applicant.

ix. Protect LID BMPs during construction and development activities in accordance with Chapter 15.20 BIMC.

5. Modification of Requirements. If the significant tree and tree stand retention requirements of this section create an unnecessary hardship, the applicant may request a modification. The director may administratively approve a modification of the significant tree and tree stand requirements of this section if the director finds that the following standards have been met:

a. The modification is necessary because of special circumstances relating to the location of existing significant trees and tree stands that prevent compliance with this section; and

b. The special circumstances of the subject property make the strict enforcement of the provisions of this section an unnecessary hardship to the property owner; and

c. The special circumstances of the subject property are not the result of the actions of the applicant; and

d. The approving of the modification will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and land use district in which the subject property is located; and

e. The modification is consistent with the purpose and intent of this chapter; and

f. The site design incorporates the retention of other natural vegetation in consolidated locations that promotes the natural vegetated character of the site.

D. Perimeter Buffering and Screening.

1. Intent. The intent of this subsection D is to provide an effective vegetated screen over time between uses or land use districts, to screen parking areas and structures located adjacent to public rights-of-way, and to allow visual and physical access to pedestrian and other nonmotorized oriented uses, such as a multipurpose trail or bikeway if those trails could be accommodated without compromising significant vegetation or hazardous slopes. Additional buffers may be required per BIMC 16.20.170, The Winslow Ravine – Special rules in Mixed Use Town Center.

2. Requirements by District. In addition to meeting the general requirements of subsection D.4 of this section, applicants shall meet the specific requirements of Table 18.15.010-3 applicable to the zone district or overlay district in which the property is located. In the case of a conflict between the requirements of this subsection D.2 and the requirements of subsection D.4 of this section, the requirements of this subsection D.2 shall apply. The tree retention, replacement, and protection standards of subsection C of this section apply to perimeter buffers. These perimeter landscape requirements are in addition to required roadside landscaping in subsection E of this section and parking lot landscape requirements in subsection F of this section. These requirements do not apply to projects involving only interior renovations of existing buildings.

Table 18.15.010-3: Perimeter Landscaping Requirements by Land Use and Zoning District 

Abutting Zoning or Land Use District

Perimeter Landscape Type

Perimeter Width (ft.)

Minimum Perimeter Width (ft.)

Multifamily in R-2, R-1 and R-0.4 Districts

Single-family residential

Full Screen

25

25

R-8 and R-14 Multifamily Districts

R-4.3 (urban residential)

Partial Screen

20

15

Short Plats and Subdivisions in Residential Zoning Districts [1]

Residential subdivision in the R-0.4, R-1, and R-2 districts (cluster option only)

Edge Planting Standard

25

25

Multifamily subdivision in the R-2, R-1, and R-0.4 zoning districts (cluster option only)

Full Screen

25

25

Park and conservation land buffer: applies to all single-family subdivisions (OS) [2]

Edge Planting Standard

25

25

Nonresidential Uses in Areas

Outside Winslow Mixed Use, HSR, NC, B/I, WD-I Districts

Residential including multifamily

Full Screen

25

25

Nonindustrial uses

Partial Screen

20

10

Winslow Town Center Mixed Use District [3]

Single-family residential

Full Screen

20

15

HSR I and II Districts

Single-family residential

Full Screen

20

15

NC Districts

Residential including multifamily

Full Screen

20

15

B/I Districts

Non-B/I

Full Screen [4]

50

35

WD-I Districts

Residential including multifamily

Full Screen

40

30

Nonindustrial uses

Full Screen

25

15

[1]    Properties with less than one acre being subdivided are not subject to perimeter buffer requirements.

[2]    (OS) indicates that the buffer may be calculated in the required open space area for the subdivision.

[3]    For perimeter landscaping requirements in the ferry terminal district transition area, north of Winslow Way, reference BIMC 18.12.030.C.

[4]    This perimeter buffer applies even when a private access road separates a B/I property from non-B/I property.

3. Perimeter Buffers in Residential Cluster Short Subdivisions, Cluster Long Subdivisions, and Multifamily Subdivisions in the R-2, R-1, and R-0.4 Zoning Districts.

a. When the cluster development option is selected pursuant to BIMC 17.12.030.B for property with a gross area of one acre or more and that is located in the R-0.4, R-1, R-2 and R-2.9 districts, a 25-foot-wide, edge planting standard landscape perimeter shall be required along the subdivision boundary.

b. When the cluster development option is selected pursuant to BIMC 17.12.030.B for property with a gross area of one acre or more and that is located in the R-3.5, R-4.3, R-5, R-6, R-8, and R-14 zone districts, a 10-foot-wide, edge planting standard landscape perimeter shall be required along the subdivision boundary.

c. In order to buffer the visual impact of the proposed subdivision and protect off-site views, additional landscaping shall be planted within landscape perimeter buffers where mature trees and shrubs cannot provide such screening, pursuant to subsection D.4 of this section.

d. Required landscape buffer width may be reduced through buffer averaging in accordance with the criteria in subsection D.5 of this section, perimeter landscape requirements. For example, buffers may be adjusted when such adjustments contribute to the neighborhood character by incorporating significant trees and native vegetation, incorporate a unique landscape feature, or accommodate a unique situation that allows continuation of an existing use, such as a utility or other easement providing continued use.

e. Landscape buffers may be included in the required open space calculations for a subdivision as noted in Table 18.15.010-3. Table 18.15.010-3 depicts the landscape buffer requirements for subdivisions by zoning district and denotes when the buffer may be included in the open space calculations. These standards apply unless alternative buffers are required pursuant to critical area review, the requirements of the Shoreline Management Act, conditioned by SEPA review, or required for public health or safety reasons.

f. When a multifamily subdivision is created within the R-2, R-1, and R-0.4 zoning districts, a 25-foot-wide, full screen landscape perimeter shall be required along the subdivision boundary.

4. General Requirements.

a. Full Screen. The intent of this buffer is to provide an effective vegetated screen over time between uses, land use districts, or to screen parking areas and structures from the public rights-of-way. Where full screen perimeter landscaping is required, the applicant must provide:

i. Minimum 70 percent evergreen trees ranging in height from four feet to six feet at the time of planting with at least 50 percent being six feet high; and

ii. Deciduous trees with a caliper of at least two inches at the time of planting; and

iii. At least 50 percent of the trees shall be native species or drought resistant; and

iv. The number of trees is determined by calculating the area of the perimeter buffer and dividing by 250 square feet, or one tree for every 10 feet of buffer length, whichever is greater; and

v. Minimum 70 percent evergreen shrubs at least 21 inches in height at the time of planting, to achieve minimum six feet height at maturity; and

vi. The number of shrubs is determined by calculating the area of the perimeter buffer and dividing by 50 square feet or one shrub for every 20 feet of buffer length, whichever is greater; and

vii. Living ground cover shall be planted and spaced to achieve total coverage within five years; and

viii. Trees and shrubs shall be spaced to result in a full screen over time.

b. Partial Screen. Where partial screen perimeter landscaping is required, the applicant must provide:

i. Minimum 50 percent evergreen trees ranging in height from four feet to six feet at the time of planting with at least 50 percent being six feet high; and

ii. Deciduous trees with a caliper of at least two inches at the time of planting; and

iii. At least 50 percent of the trees shall be native species or drought resistant; and

iv. The number of trees is determined by calculating the area of the perimeter buffer and dividing by 400 square feet or one tree for every 20 feet of buffer length, whichever is greater; and

v. At least 50 percent evergreen shrubs at least 21 inches in height at the time of planting, to achieve minimum six feet height at maturity; and

vi. The number of shrubs is determined by calculating the area of the perimeter buffer and dividing by 100 square feet or one shrub for every five feet of buffer length, whichever is greater; and

vii. Living ground cover shall be planted and spaced to achieve total coverage within five years; and

viii. Plants should be clustered within the landscape perimeter to screen structures and parking areas.

c. Edge Planting Standard. Where edge planting standard perimeter landscaping is required, the applicant must provide:

i. One hundred percent deciduous trees two-inch caliper spaced no more than 30 feet on center; and

ii. Evergreen shrubs minimum 21 inches in height at the time of planting spaced no more than three feet on center to provide a continuous hedge achieving a maximum height of six feet at maturity; and

iii. Living ground cover shall be planted and spaced to achieve total coverage within five years.

5. Standards. The following standards apply to the full screen, landscape buffer and edge planting area perimeter landscape requirements contained in this section.

a. Existing vegetation may be used in lieu of new plant material. Although existing vegetation may meet the minimum number of trees or shrubs for a required full screen, the director may require additional trees and/or shrubs to achieve an effective full screen.

b. A full screen will be required to screen utilities located above ground from adjacent uses.

c. Perimeter landscaping shall be clustered in areas to screen structures, utility structures, loading areas, parking lots, trash enclosures, storage areas and mechanical equipment.

d. The director may approve the averaging of perimeter landscape widths to provide adequate screening if it meets the criteria contained in this section.

e. Earth berms in combination with shrubs and trees may be used to achieve the initial planting height requirement.

f. Minimum landscape perimeter dimensions are allowed when perimeter averaging is applied. The landscape perimeter can be averaged only if the total required perimeter dimension square footage is achieved. The director may allow landscape perimeter averaging if the following criteria are met: (i) plant material is being clustered to more effectively screen parking areas and structures; (ii) the quality of the perimeter landscape is not diminished; and (iii) significant trees are being retained.

 

6. Park Buffers and Buffers for Dedicated Conservation Lands.

a. Notwithstanding the provisions of subsections D.2, D.3, and D.4 of this section, a 25-foot-wide buffer shall be provided along a property line where the land immediately adjacent to the subdivision boundary is a park or a future park in a municipal plan, or dedicated conservation land area that has been set aside for open space, wildlife habitat or public conservation purposes by deed or conservation easement.

b. In order to buffer the visual impact of the proposed subdivision and protect off-site views, edge planting standard landscaping, pursuant to subsection D.4 of this section, shall be required within park buffers and buffers for dedicated conservation lands buffers where mature trees and shrubs cannot provide such screening.

E. Street Frontage Landscaping.

1. Roadside Buffers for Commercial, Institutional and Multifamily Development. The following table indicates the type of landscaping required when the subject property directly abuts a right-of-way. Roadside buffers may be required for commercial, institutional, or multifamily development where a site plan review or conditional use permit is required. The buffers shall be pursuant to the screening standards set forth in subsection D.4 of this section. Required landscape buffer widths may be reduced to the minimum widths stated in Table 18.15.010-4 through buffer averaging in accordance with the criteria in subsection D.5 of this section. The tree retention, replacement, and protection standards of subsection C of this section apply to roadside buffers. These requirements do not apply to projects involving only interior renovations of existing buildings.

a. A buffer is required along Highway 305, which is designated as a scenic highway. The 50-foot roadside buffer requirement can be reduced by the director, after consultation with an acceptable tree professional as identified in subsection C.1.c of this section, if it is determined that (i) a 50-foot buffer would cause the property to be undevelopable, and (ii) the reduced buffer will provide as much screening of site activities from Highway 305 as practicable in light of site topography and conditions.

2. Roadside Buffers for Residential and Commercial Subdivisions. Roadside buffers are required for both residential and commercial subdivisions – see Table 18.15.010-4. The type and width of the required buffer varies by the type of roadway the subdivision is adjacent to, as well as the condition of the existing roadside vegetation. The buffers shall be pursuant to the standards set forth in subsection D.4 of this section and Table 18.15.010-4. The tree retention, replacement, and protection standards of subsection C of this section apply to roadside buffers. These requirements do not apply to projects involving only interior renovations of existing buildings.

Table 18.15.010-4: Roadside Buffer Requirements by District and Land Use [1] 

Existing Zoning/Use

Adjacent Right-of-Way Type

 

Right-of-Way (not including Highway 305)

Highway 305

Mixed Use Town Center [2]

N/A

50' Full Screen [3]/35' Minimum

High School Road

N/A

50' Full Screen/35' Minimum

Multifamily Development

20' Partial Screen

50' Full Screen/35' Minimum

Nonresidential Uses within Residential Zone Districts

25' Partial Screen/15' Minimum

50' Full Screen/35' Minimum

Business/Industrial (B/I)

50' Full Screen/35' Minimum

50' Full Screen/35' Minimum

Water-Dependent Industrial

25' Full Screen/15' Minimum

N/A

Commercial and Multifamily Subdivisions [4]

N/A

50' Full Screen

Residential Subdivision in the R-0.4, R-1, R-2, and R-2.9 Districts [4]

25' Full Screen or maintain existing vegetation within 25' buffer (OS) [5][6];

Applies only to collectors and arterial roads

Residential Subdivision in the R-3.5, R-4.3, R-5, R-6, R-8, and R-14 Districts [4]

No requirement unless necessary to reflect neighboring development patterns (OS) [5];

Applies only to collectors and arterial roads

[1]    All roadside buffers must be planted if not already existing.

[2]    For perimeter landscaping requirements in the ferry terminal district transition area, north of Winslow Way, reference BIMC 18.12.030.C.

[3]    Beginning 100' north of Winslow Way.

[4]    Properties being subdivided with less than one acre are not subject to roadside buffer requirements.

[5]    (OS) indicates that the buffer may be calculated in the required open space area for open space subdivision.

[6]    Existing vegetation must remain in the 25-foot buffer area. When existing vegetation does not constitute a full screen, the applicant will not be required to plant a full screen. If existing vegetation within the 25-foot buffer area does constitute a full screen, but dense vegetation is not part of the neighborhood character, then the applicant may choose between maintaining a 25-foot full screen roadside buffer, or averaging that buffer to retain trees and vegetation elsewhere on the property and eliminating the roadside buffer.

a. Roadside Buffer General Requirements. All residential subdivisions and short subdivisions subject to landscape buffering requirements shall comply with the standards in this subsection, including those in Table 18.15.010-4.

b. Roadside Buffers in Residential Short Subdivisions.

i. Except for properties containing a gross area of less than one acre, on a property located adjacent to public roads that are designated as collector or arterial roads on the adopted road classification map, a 25-foot-wide vegetative buffer shall be maintained. However, in the R-3.5, R-4.3, R-5, R-6, R-8 and R-14 districts a roadside buffer is not required unless it is determined that a landscape buffer is necessary to maintain the character of the neighborhood or to reflect neighboring development patterns.

ii. Where there are no mature trees and shrubs that contribute to the existing forested character of these roads, the character of the neighborhood shall be maintained by establishing building setbacks equal to or greater than the existing building setbacks on the adjacent properties. At no point shall the building setback be less than requirements in this title.

iii. To accommodate an existing house that is located within 25 feet of the property line adjacent to a collector or arterial road, the roadside buffer area width shall be reduced to the width adjoining the existing home between the existing house and the property line adjacent to the collector or arterial road.

c. Roadside Buffers in Residential Long Subdivisions.

i. For subdivisions located in the R-0.4, R-1, R-2 and R-2.9 districts located adjacent to public roads that are designated as collector or arterial roads on the adopted road classification map, a 25-foot-wide vegetative buffer shall be maintained. In the R-3.5, R-4.3, R-5, R-6, R-8, and R-14 districts a roadside buffer is not required unless it is determined that a landscape buffer is necessary to maintain the character of the neighborhood or to reflect neighboring development patterns.

ii. For property with a gross area of one acre or more and that is located in districts R-0.4, R-1, R-2 and R-2.9, where there is no existing vegetation that contributes to the existing vegetation character of the roads, a 25-foot full screen landscape buffer shall be planted consistent with the requirements of subsection D.4.a of this section, except as noted below in this subsection.

iii. To accommodate an existing house that is located within 25 feet of the property line adjacent to a collector or arterial road (or within 25 feet of such a property line if subsection E.2.c.ii of this section applies), and to maintain the character of the neighborhood and reflect neighboring development patterns, the roadside buffer area width shall be reduced to the width adjoining the existing home between the existing house and the property line adjacent to the collector or arterial road. At no point shall the building setback be less than requirements in this title.

iv. For subdivisions designating open space that is intended for agricultural use and would be adversely impacted by the addition of screening landscaping, a 25-foot roadside buffer as prescribed in subsection E.2.c.ii of this section shall not be required.

d. Roadside Buffers in Multifamily and Commercial Subdivisions. A minimum 50-foot vegetative buffer shall be established adjacent to all designated scenic roads. The buffer shall be consistent with the requirements for a full screen buffer, pursuant to subsection D.4.a of this section.

e. Multiple Street Frontages. For properties subject to the roadside buffers requirement along two property boundaries, the roadside buffer abutting the street with the lower classification may be reduced to 25 feet in width. For properties that abut more than two streets requiring roadside buffers or in situations where both abutting streets are of the same road classification, one roadside buffer of the full required width shall be required and all other roadside buffers may be reduced to 25 feet; provided, that the full required width buffer is located where a greater number of significant trees can be incorporated into the buffer.

F. Parking Lot Landscaping. The requirements of this subsection F are in addition to required perimeter landscaping under subsection D of this section. When more than one building is placed on a lot or a building is placed in the center of the lot with parking all the way around it, the street perspective is used to determine which landscaping standards to follow for parking lot landscaping.

1. NC, B/I, and WD-I Districts and Nonresidential Uses Outside Winslow Mixed Use Town Center Overlay Districts and High School Road Mixed Use Districts. All applicants in these areas shall provide the following types and amounts of landscaping. Parking lots shall meet the requirements of BIMC 18.15.020. Applicants may refer to the standards contained in this section for optional planting locations within parking areas.

a. Intent. The intent of this section is to screen views of parking lots. To provide shade and visual relief within parking lots, to limit impacts of impervious surfaces and to reinforce safe pedestrian access to buildings.

b. Requirements for Parking Lots Located Adjacent to Public Rights-of-Way.

i. One tree for every four parking stalls; and

ii. Minimum 30 percent evergreen trees; and

iii. Deciduous trees minimum two-inch caliper, evergreen trees minimum six feet high at the time of planting; and

iv. Evergreen shrubs minimum 18-inch height at the time of planting spaced no more than three feet on center, to provide a continuous hedge achieving a maximum height of three feet at maturity located adjacent to the rights-of-way (this may be achieved with the perimeter landscape); and

v. Evergreen ground cover planted and spaced to achieve total coverage within two years; and

vi. A landscaped area at the end of parking aisles.

c. Requirements for Parking Lots Not Abutting Public Rights-of-Way.

i. One tree for every eight parking stalls; and

ii. One hundred percent of the trees may be deciduous; and

iii. Deciduous trees minimum two-inch caliper, evergreen trees minimum four feet height at the time of planting; and

iv. Evergreen ground cover and/or shrubs planted and spaced to achieve total coverage within two years; and

v. A landscaped area at the end of parking aisles.

d. Standards.

i. Maintain shrubs at a maximum three feet height within parking lots so views between vehicles and pedestrians will not be blocked.

ii. Landscape in planting islands or strips shall have an area of at least 100 square feet and with a narrow dimension of not less than five feet if wheel stops are provided to prevent vehicle overhang. A narrow dimension of not less than eight feet may be provided if the vehicle overhang area is included in the planting area.

iii. Provide permanent curbs or wheel stops to protect the plantings.

iv. Significant trees and tree stands may be used in lieu of new landscape requirements if they are in addition to the significant tree and tree stand retention requirements.

v. Clustering of new plant material within parking lots may be approved or required by the director if the intent of this section is met.

vi. Refer to the landscape materials matrix in the administrative manual for tree species appropriate for parking lots.

2. Winslow Mixed Use Town Center Overlay Districts, High School Road Districts, R-8 and R-14 Districts. All applicants in these areas shall provide the following types and amounts of landscaping. Parking lots shall meet the requirements of BIMC 18.15.020. Applicants may refer to the standards contained in this section for optional planting locations within parking areas.

a. Intent. The intent of this section is to soften the appearance of surface parking lots. To provide more intensive landscaping when surface parking lots are exposed to public view.

b. Parking Lots Located in the Front of Buildings and Adjacent to Public Rights-of-Way.

i. One tree for every two parking stalls; and

ii. One hundred percent of the trees may be deciduous; and

iii. Deciduous trees minimum two-inch caliper; and

iv. Evergreen shrubs planted to form a hedge, minimum 18-inch height at the time of planting, spaced no more than three feet on center, not to exceed a mature height of three feet located adjacent to the public rights-of-way (this may be achieved with the perimeter landscape); and

v. Deciduous trees minimum two-inch caliper spaced no more than 30 feet on center located along the public rights-of-way (this may be achieved with the perimeter landscape); and

vi. Evergreen ground cover and/or shrubs planted and spaced to achieve total coverage within two years; and

vii. A landscaped area at the end of parking aisles.

c. Requirements for Parking Lots Located to the Side of Buildings and Adjacent to Public Rights-of-Way.

i. One tree for every four parking stalls; and

ii. One hundred percent of the trees may be deciduous; and

iii. Deciduous trees minimum two-inch caliper; and

iv. Evergreen shrubs planted to form a hedge, minimum 18-inch height at the time of planting, spaced no more three feet on center, not to exceed a mature height of three feet located adjacent to the public rights-of-way (this may be achieved with the perimeter landscape); and

v. A landscaped area at the end of aisles; and

vi. Deciduous trees minimum two-inch caliper spaced no more than 30 feet on center located along the public rights-of-way (this may be achieved with the perimeter landscape); and

vii. Evergreen ground cover and/or shrubs planted and spaced to achieve total coverage within two years.

d. Requirements for Parking Lots Located Behind Buildings and Not Adjacent to Public Rights-of-Way.

i. One tree for every eight parking stalls; and

ii. One hundred percent of the trees may be deciduous; and

iii. Deciduous trees minimum two-inch caliper, evergreen trees minimum four feet height at the time of planting; and

iv. Evergreen ground cover and/or shrubs planted and spaced to achieve total coverage within two years; and

v. A landscaped area at the end of aisles.

e. Standards.

i. Maintain shrubs at a maximum three feet height within parking lots so views between vehicles and pedestrians will not be blocked.

ii. Landscape in planting islands or strips shall have an area of at least 100 square feet and with a narrow dimension of not less than five feet if wheel stops are provided to prevent vehicle overhang. A narrow dimension of not less than eight feet may be provided if the vehicle overhang area is included in the planting area.

iii. Provide permanent curbs or wheel stops to protect the plantings from vehicle overhang.

iv. Significant trees and tree stands may be used in lieu of new landscape requirements if they are in addition to the significant tree and tree stand retention requirements.

v. Clustering of new plant material within parking lots may be approved or required by the director if the intent of this section is met.

vi. Refer to the suggested landscape materials matrix in the administrative manual for tree species appropriate for parking lots.

G. Total Site Tree Unit Requirements.

1. Intent. The overall purpose of this section is to preserve the landscape character of the community through development standards by encouraging the retention of existing vegetation and significant trees by incorporating them into site design. The intent of this subsection G is to ensure that, to the degree practicable, (a) each development approval in the MUTC, HSR I and II, R-8, R-14, and NC zone districts and (b) each development approval for nonresidential development in the R-5, R-4.3, R-3.5, R-2.9, R-2, R-1, and R-0.4 zone districts leaves the development parcel with at least a specified minimum amount of tree coverage, measured in tree units per acre, that reflects the degree of tree coverage prior to development or redevelopment and that discourages avoidable site disturbances that would require tree removal.

2. Applicability. The regulations of this subsection G apply to each development application involving (a) any modification to a development parcel located in the MUTC, HSR I and II, R-8, R-14, or NC districts or (b) a permitted nonresidential development in the R-5, R-4.3, R-3.5, R-2.9, R-2, R-1, and R-0.4 zone districts. If a significant portion of a significant tree trunk, dripline and/or critical root zone extends onto an adjacent property, both properties may use the tree units for retaining the trees to meet the requirements of subsection G.4 of this section, upon mutual agreement. These provisions shall not apply to projects involving only interior renovation of existing buildings.

3. Site Specific Evaluation of Total Impact on Tree Coverage.

a. In order to show how the tree unit requirements of subsection G.4 of this section are being met, the applicant shall submit the following information as part of the landscaping plan information for a land use permit application:

i. Identify and survey all existing trees to be retained as part of the proposed development;

ii. If opting to meet tree unit requirements pursuant to subsection G.4.a.iii of this section, the applicant shall identify the species and DBH of each tree to be removed;

iii. The applicant shall also submit valuation of all trees to be retained, using the valuation standards of the International Society of Arboriculture (see administrative manual for submittal requirements for landscaping plans).

4. Requirements.

a. A development application covered by subsection G.2 of this section shall only be approved if it complies with the requirements of subsections C (Tree Retention, Protection, and Replacement), D (Perimeter Buffering and Screening), E (Street Frontage Landscaping), and F (Parking Lot Landscaping) of this section, and also complies with subsection G.4.a.i, ii or iii of this section.

i. In the MUTC central core and ferry terminal overlay districts, the development parcel shall have at least 30 tree units per acre following the proposed development or redevelopment.

ii. In the MUTC Ericksen Avenue, Madison Avenue, and gateway overlay districts, and each site in the R-8, R-14, HSR I and II, and NC districts, and for permitted nonresidential development in the R-5, R-4.3, R-3.5, R-2.9, R-2, R-1, and R-0.4 zone districts, the development parcel shall have at least 40 tree units per acre following the proposed development or redevelopment.

iii. As an alternative to subsections G.4.a.i and ii of this section, and at the applicant’s option, the development parcel will contain at least the same number of tree units after the proposed development or redevelopment as it had before that development or redevelopment.

b. Existing and new trees in roadside, perimeter, and shoreline buffers and/or critical areas and their buffers do not count towards the tree unit requirements of this section. If an applicant is choosing to meet their tree unit requirements using subsection G.4.a.iii of this section, the existing trees in those protected areas and buffers will not count towards the “pre-development” amount of tree units.

5. Calculation of Tree Units.

a. Each tree preserved on a development parcel shall earn the number of tree units shown in Table 18.15.010-5, based on its diameter at breast height (DBH) as measured in inches. If the DBH measurement results in a fraction, the requirement shall be rounded to the nearest whole number (greater than or equal to 0.5 is rounded up; less than 0.5 is rounded down).

Table 18.15.010-5: Tree Unit Conversion Table for Preserved Trees [1] 

DBH

Tree Units

DBH

Tree Units

DBH

Tree Units

3 – 5

1.0

24 – 26

6.2

39 – 40

10.8

6 – 10

1.2

27 – 28

7.0

41 – 42

11.4

11 – 12

1.4

29 – 30

7.8

43 – 44

12.0

13 – 15

2.0

30 – 31

8.4

45 – 46

12.6

16 – 18

3.2

32 – 33

9.0

47 – 48

13.2

19 – 20

3.8

34 – 36

9.6

49+

13.8

21 – 23

4.6

37 – 38

10.2

 

 

[1]     For multi-stemmed trees, measure the DBH of each trunk separately, multiply each of these measurements by itself, add up these amounts, and calculate the square root of that total to find the DBH for the tree as a whole.

b. Tree Retention Bonus.

i. If retained trees occur in a tree stand, they shall earn 1.2 times the tree unit value shown in Table 18.15.010-5.

ii. If the retained trees occur in a tree stand that is adjacent to a tree stand on an adjacent lot that is already protected as part of a land use permit or conservation easement, they shall earn one and one-half times the tree unit value shown in Table 18.15.010-5 instead of the bonus described in subsection G.5.b.i of this section.

iii. If the retained tree is one designated through the city’s heritage tree program it shall earn two times the tree unit value shown in Table 18.15.010-5, and the tree shall not receive additional bonus in subsections G.5.b.i and ii of this section for location in a tree stand.

iv. If the retained tree is located within a designated wildlife corridor network, it shall earn one and one-half times the tree unit value shown in Table 18.15.010-5.

c. Each new or replacement tree planted shall earn one tree unit. New trees planted to meet the minimum parking lot landscaping requirements of subsection F of this section do not count towards meeting tree unit credits under this section. New trees planted in or around a parking lot that exceed the minimum requirements of subsection F of this section can be counted towards meeting required tree units.

d. If, after complying with subsections C, D, E, and F of this section, additional trees need to be planted to meet the minimum tree unit requirements in subsection G.4 of this section:

i. In the MUTC central core and ferry terminal overlay districts, those trees may be planted either at ground level or above ground level (such as a patio, terrace, or rooftop); and

ii. In the MUTC Ericksen Avenue, Madison Avenue, and gateway overlay districts, R-8, R-14, HSR I and II, NC districts, as well as for nonresidential developments within residential districts, those trees shall be planted at ground level.

H. Planting Requirements.

1. Intent. The intent of this section is to encourage the use of native species and recommend planting conditions adaptive to Bainbridge Island.

2. Requirements. Landscape designs shall conform to the following provisions:

a. Areas not devoted to landscape required by this chapter, parking, structures and other site improvements are encouraged to be planted or remain in existing vegetation.

b. New plant materials shall include native species or nonnative species that have adapted to the climatic conditions of the coastal region of the Puget Sound region.

c. New plant materials shall consist of drought resistant species, except where site conditions within the required landscape areas assure adequate moisture for growth.

d. New tree plantings shall be a minimum of two inches in caliper if deciduous or six feet in height if evergreen. New shrubs planted in roadside or perimeter buffers shall be of a variety that achieves a minimum six feet height at maturity. Soil planting types and depth shall be sufficient for tree planting.

e. When the width of any landscape strip is 20 feet or greater, the required trees shall be staggered in two or more rows.

f. Existing vegetation may be used to augment new plantings to meet the standards of this chapter.

g. Grass may be used as a ground cover where existing or amended soil conditions assure adequate moisture for growth.

h. Ground cover areas shall contain at least two inches of composted organic mulch at finish grade to minimize evaporation. Mulch shall consist of materials such as composted yard waste, composted sawdust, and/or manure that are fully composted.

i. Amend existing and/or compacted soils in accordance with Chapter 15.20 BIMC.

j. Specific submittal requirements for landscaping plans (tree protection, retention and planting plans) are included in the city’s administrative manual.

3. Performance Assurance.

a. Performance assurance is required to assure the city that the landscape required by this section is properly installed and will become established and be adequately maintained.

b. The required landscape shall be installed prior to the issuance of a temporary certificate of occupancy for the project. The Washington landscape architect, Washington certified nursery professional or Washington certified landscaper shall submit a landscaping declaration to the director to verify installation in accordance with the approved plans.

c. The time limit for compliance may be extended to allow installation of landscaping during the next appropriate planting season as approved if the director determines that a performance assurance device, for a period of not more than one year, will adequately protect the interests of the city. The performance assurance device shall be for 150 percent of the cost of the work or improvements covered by the assurance device. In no case may the property owner delay performance for more than one year.

d. The form and type of the performance assurance device shall be determined by the director.

4. Maintenance Assurance.

a. The property owner shall replace any unhealthy or dead plant materials in conformance with the approved planting plan.

b. A maintenance assurance device shall be required for a period of five years after acceptance by the city of the new planting or transplanting of vegetation to ensure proper installation, establishment, and maintenance.

c. The maintenance assurance device amount shall not be less than 20 percent of the cost of replacing materials covered by the assurance device.

d. The form and type of the maintenance assurance device shall be determined by the director.

I. Irrigation.

1. Intent. The intent of this section is to provide temporary or permanent irrigation within new planting areas that do not have high soil moisture conditions. These regulations shall not apply where provisions of Chapter 16.12 or 16.20 BIMC or any state or federal law restricts irrigation, and in case of conflict with any provision of those laws, the provisions of those laws shall govern.

2. Requirements.

a. Except for areas of undisturbed existing vegetation, all landscape areas that do not have high soil moisture conditions shall have temporary or permanent irrigation systems. Temporary systems may be removed after 24 months or two growing seasons, whichever occurs first; provided, that the plantings are established.

b. Areas where existing site conditions assure adequate soil moisture for growth within the required landscape area shall have temporary irrigation systems only as required to sustain new plantings.

c. Landscape areas consisting of drought resistant vegetation may require temporary irrigation systems. Permanent irrigation systems located within required landscape areas should include the following features:

i. Moisture or precipitation sensors; and

ii. Automatic timers set for operation to assure adequate moisture levels; and

iii. Head-to-head spacing, if sprinkler heads are proposed; and

iv. Pressure regulating devices; and

v. Backflow prevention devices; and

vi. Separate irrigation zones for grass and planting beds; and

vii. Other features required to comply with applicable state and city codes.

d. Irrigation water shall be applied with goals of avoiding runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas and impervious surfaces by:

i. Considering soil type and infiltration rates; and

ii. Using proper irrigation equipment and schedules, including features such as repeat cycles, to closely match application rates with infiltration rates; and

iii. Considering special problems posed by irrigation on slopes and in median strips.

e. Irrigation systems shall be subject to the following additional provisions:

i. Systems in landscape strips less than five feet in width shall be designed to ensure that overspray and/or runoff does not occur by use of system design options such as low volume emitters; and

ii. Sprinkler heads with consistent application rates shall be selected for proper area coverage, operating pressure, and adjustment capability; and

iii. Separate control valves shall be used to irrigate plants with differing water needs.

J. Maintenance.

1. Intent. All new landscape plantings and significant trees and tree stands to be retained shall be maintained to preserve the Island’s forested character.

2. Requirements.

a. All landscaping, significant trees and tree stands shall be maintained in a healthy growing condition.

b. Landscape areas shall be kept free of trash.

c. All plant material shall be managed by pruning so that plant growth does not conflict with public utilities, restrict pedestrian or vehicular access, or create a traffic hazard.

K. Screening of Certain Facilities.

1. Outdoor Storage. In the NC and B/I districts, outdoor storage areas shall be screened. 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 a street. Exterior storage should be confined to portions of the site least visible from public view.

2. Trash Dumpsters and Outdoor Equipment.

a. In the NC and B/I districts, trash dumpsters or any outdoor equipment, whether on 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.

b. In the B/I districts, trash and recycling containers shall be located to mitigate noise impacts to nearby residential properties.

c. Small wind energy generators do not need to be screened.

3. Business/Industrial. In the B/I districts, light manufacturing uses shall visually screen the development year-round from adjacent, nonindustrial properties and from adjacent roadways. Landscape screening shall be provided in accordance with subsection D of this section. (Ord. 2017-02 §§ 1, 23 (Exh. C), 2017; Ord. 2016-28 §§ 13 – 16, 2016; Ord. 2016-01 § 1, 2016: Ord. 2015-04 §§ 2 – 8, 2015; Ord. 2012-11 § 2 (Exh. A), 2012)

18.15.020 Parking and loading.

All development shall comply with the following regulations addressing parking and loading unless other applicable regulations require additional or different treatment of parking and loading, in which case the more specific standard or criteria shall apply. The following sections of the BIMC may impose additional development standards, and in the case of conflict between any two or more development standards or criteria, the more specific shall apply:

BIMC 16.12.030.C.3, Shoreline Master Program, Parking.

Chapter 16.20 BIMC, Critical Areas.

BIMC 18.15.010, Landscaping and screening.

A. Purpose. The purpose of this section is to provide for safe, efficient and well-designed access and parking while minimizing the environmental and visual impact of motor vehicle facilities.

B. General Requirements.

1. Driveways, parking, and walkways shall accommodate pedestrians, motor vehicles and bicycles used by occupants or visitors of a structure or use. Location is subject to review of the planning and engineering departments.

2. No building permit shall be issued until the applicant has submitted satisfactory plans demonstrating that required parking facilities will be provided and maintained.

3. Unless authorized by a conditional use permit or this title, the use of property in a residential zone for commercial parking is prohibited.

4. All driveways and other parking areas, except those serving single-family residences, shall be surfaced with permanent materials acceptable to the public works department, and shall be designed to manage stormwater runoff in accordance with Chapter 15.20 BIMC.

5. Residential parcels are encouraged to have two-track driveways (also known as Hollywood or wheel strip driveways).

6. Unless approved by the director, only a single access to public right-of-way is allowed for an individual lot. More than one access may be allowed by the director if the director determines, based on drawings or other information submitted by the applicant, that (a) the proposed site access includes measures that mitigate any identified negative impacts or effects that would result from the additional access point(s); and (b) the additional access point(s) will improve on-site or off-site traffic flow or is necessary for, or will help facilitate, compliance with other requirements of this chapter.

7. Joint use of required access ways with adjacent properties is encouraged. The director may approve joint access if the applicant demonstrates to the satisfaction of the director that the joint access (a) will promote the orderly development of the surrounding area; or (b) will help reduce or avoid cumulative adverse impacts that would result from each property accessing the right-of-way separately; and (c) will not create a safety hazard.

8. With the exception of single-family and duplex buildings on individual lots, access and parking spaces shall be designed so that no backing movement by a vehicle, except emergency and service and delivery vehicles, shall be allowed onto a public right-of-way; provided, that the director may waive this requirement where no reasonable design alternative exists.

9. No parking space may block access to other parking spaces unless tandem parking has been approved for a single residence or individual dwelling units of a multifamily structure.

10. On-street parking created or designated in conjunction with and adjacent to a project may be included in the parking space calculation upon approval of the director.

11. When a new commercial or mixed use development is required to provide parking for more than 25 cars, at least one parking space near the entrance must be reserved and signed for use by a shared-car program or electric vehicle charging station.

12. For all development except for single-family residential, the required parking for two or more complementary uses may be reduced up to 50 percent when provided by a common parking lot, but may not be reduced below the highest parking requirement. The reduction shall be authorized by the issuance of a conditional use permit.

C. Number of Automobile Spaces Required.

1. General Provisions. All development shall provide the number of parking spaces indicated in this subsection C and Tables 18.15.020-1 and 18.15.020-2. All parking lots shall comply with the minimum requirements for handicapped parking spaces, as required by Washington State regulations related to barrier-free facilities, with the exception of single-family residential and multifamily residential development on individual lots. Above-ground parking lots exceeding the number of spaces required by this section are not allowed unless approved by the planning commission; spaces provided in underground parking garages are exempt from parking maximums.

Table 18.15.020-1: Off-Street Parking Spaces Required for Residential, Neighborhood Center, Business/Industrial, and Water-Dependent Industrial Zone Districts 

Land Use

Spaces Required

Residential dwelling unit in a single-family residential district [1]

2 spaces for each primary dwelling unit and 1 space for each accessory dwelling unit.

Residential dwelling unit in a multifamily residential, NC, or B/I district

1 space per primary dwelling unit that is a studio or 1 bedroom unit, and 2 spaces for all other primary dwelling units.

Dwelling units situated directly above a commercial use or directly above parking serving a commercial use in the NC or B/I districts shall require 1 parking space. Dwelling units separate from the commercial use or its parking by one or more intervening floors shall not be considered to be located “directly above” that use, and therefore 2 parking spaces are required.

The director may require guest parking in excess of the required parking spaces, whether or not the required parking is reduced pursuant to BIMC 18.15.020.B.12, up to a maximum additional 0.5 stall per dwelling unit, if there is inadequate guest parking on the subject property.

Retail, commercial and personal services in a building with less than 1,000 square feet of floor area

5 spaces per 1,000 square feet of floor area, except as modified by the parking standards for the mixed use overlay districts and High School Road districts below.

Retail, commercial and personal service in a building with 1,000 square feet of floor area or more

4 spaces per 1,000 square feet of floor area, except as modified by the parking standards for the mixed use overlay districts and High School Road districts below.

Industry and light manufacturing uses

1 space for each employee plus 1 space for each 250 square feet of office space.

Places of public accommodation serving food and beverage, including but not limited to restaurants and taverns

1 space for each 4 occupants as determined by the department.

For motels/hotels, inns, and bed and breakfasts

1 space for each sleeping room.

For places of assembly, including auditoriums, theaters, banquet rooms and religious institutions

10 spaces for each 1,000 square feet of floor area or 1 space for each 5 fixed seats, except for movie theaters which shall require 1 space per 4 seats.

Elementary, middle, and junior high schools

1 space per 50 students and 1 space per employee.

High schools

1 space per 10 school students and 1 per employee.

Educational, governmental, health care and recreational facilities not included as part of an elementary, middle, junior high or high school or a religious institution

A number of spaces adequate to accommodate the peak shift as determined by the director based on information submitted by the applicant as required for other uses and special cases below.

Day care centers

1 stall for each on-duty shift employee plus 1 stall for each 12 adults/children served by the facility. Capacity is determined by state license requirements.

Other uses and special cases

For other uses or special cases, parking requirements shall be established by the director. For determination by the director, the applicant shall supply (a) documentation regarding actual parking demand for the proposed use; or (b) technical studies prepared by a qualified professional relating to the parking need for the proposed use; or (c) required parking for the proposed use as determined by other comparable jurisdictions.

[1]    Residential parking requirements may be reduced by 50 percent for dwelling units located within a one-half-mile radius and 25 percent for dwelling units located within one-half mile and a one mile radius of the ferry terminal providing scheduled service to Seattle. This provision may not be used in conjunction with senior housing or other parking reduction arrangements, and the required number of parking spaces shall not be reduced below one space per parking unit. This provision does not preclude the authority of the director to require guest parking as described in this table.

 

Table 18.15.020-2: Off-Street Parking Spaces Required in Mixed Use Town Center Districts and High School Road Districts [1] 

Land Use

Spaces Required

 

Central Core Overlay

Madison Avenue Overlay

Ericksen Avenue Overlay

Gateway Overlay

Ferry Terminal Overlay

High School Road I and II

Commuter-Oriented Retail

Not Permitted

1 space per peak shift employee

Not Permitted

Other Commercial and Nonresidential Uses

Minimum spaces per 1,000 sq. ft. [2]

2, except 3 in the Parfitt-Waterfront area

 

1

4

Entertainment facilities

1 per 4 fixed seats

Not Permitted

1 per 4 fixed seats

Maximum above-ground spaces per 1,000 sq. ft.

5

3

5

Residential Uses

Minimum spaces per unit [3]

1 space per primary dwelling unit that is a studio or 1 bedroom unit, and 2 spaces for all other primary dwelling units.

Each dwelling unit situated directly above a commercial use or directly above parking serving a commercial use in the NC or B/I districts shall require 1 parking space. Dwelling units separate from the commercial use or its parking by one or more intervening floors shall not be considered to be located “directly above” that use.

The director may require guest parking in excess of the required parking spaces, whether or not the required parking is reduced pursuant to BIMC 18.15.020.B.12, up to a maximum additional 0.5 stall per dwelling unit, if there is inadequate guest parking on the subject property.

Maximum above-ground spaces per unit

2

Special Cases

Other uses and special cases

For special cases not covered by this table, parking requirements shall be established by the director. For determination by the director, the applicant shall supply (a) documentation regarding actual parking demand for the proposed use; or (b) technical studies prepared by a qualified professional relating to the parking need for the proposed use; or (c) required parking for the proposed use as determined by other comparable jurisdictions.

[1]    For properties along Winslow Way, there shall be no driveway from private property to the street except as approved as a conditional use. Driveways in existence prior to July 1, 1987, are excepted from this requirement.

[2]    Applies to uses in the food and beverage, office and services, and retail categories in Table 18.09.020.

[3]    Residential parking requirements may be reduced by 50 percent for dwelling units located within a one-half-mile radius and 25 percent for dwelling units located between one-half mile and a one-mile radius of the ferry terminal providing scheduled service to Seattle. This provision may not be used in conjunction with senior housing or other parking reduction arrangements, and the required number of parking spaces shall not be reduced below one space per parking unit. This provision does not preclude the authority of the director to require guest parking as described in this table.

2. Special Provisions for Mixed Use Town Center Districts.

a. Subject to approval as part of site plan review, the city and the developer may voluntarily enter into an agreement to allow the parking requirement to be met by contributing into a public or cooperative commercial effort to create new structured or surface parking in that zone. This option shall only be available upon initiation of a project to create new structured or surface parking in that zone. The amount of the contribution shall be equivalent to that necessary to provide the required number of parking spaces. Monies so contributed shall be held, expended, or refunded in accordance with RCW 82.02.020.

b. New parking spaces will not be required for additions to existing buildings that are less than 25 percent of the existing floor area and less than 1,000 square feet. This exception to the parking requirement may be utilized only once per property and does not apply to additions or remodeling for the purpose of adding residential units.

c. In the core, gateway, and ferry terminal districts, parcels smaller than 8,000 square feet may provide up to 100 percent of required parking off site; parcels between 8,000 and 12,000 square feet may provide up to 75 percent of required parking off site; and parcels larger than 12,000 square feet may provide up to 50 percent of required parking off site. For commercial and residential development, off-site parking must be located within a 1,000-foot radius of the edge of the development parcel. Any off-site spaces used to meet minimum parking requirements must be acquired either through the city’s fee-in-lieu program as provided in BIMC Title 2, through fee simple ownership by the developer, or through irrevocable easements/agreements.

d. In the central core overlay district, up to 75 percent of required parking for movie theaters may be met off site if located within a 400-foot walking distance of the edge of the development parcel.

e. In the central core overlay district, parcels smaller than 8,000 square feet shall receive a credit against required off-street parking of one parking space per 10 feet of public street frontage, up to a maximum credit of five off-street parking spaces.

D. Location of Spaces.

1. Parking in the Mixed Use Town Center and High School Road I and II zoning districts shall be located behind, to the side of or under buildings. Parking shall not be located between a building and the front lot line, unless an applicant can demonstrate that locating parking between a building and the front lot line is the only feasible location.

2. Parking outside of the Mixed Use Town Center and High School Road I and II zoning districts is encouraged to be located behind, under or to the side of buildings.

3. Parking spaces serving dwelling units shall be located on the same lot with the building they serve. In the central core, gateway, and ferry terminal districts, one parking space per unit must be located on site and any additional spaces may be located off site. All off-site spaces must be within a 1,000-foot radius of the edge of the development parcel and must be acquired through fee-in-lieu, fee simple ownership, or a leasehold permanently linked to the unit.

4. Parking spaces serving nonresidential uses may be consolidated in a remote location as permitted by this title.

5. All parking spaces and driving aisles serving adjacent parking spaces, except those serving single-family residences, shall not be located within required front, rear or side setbacks.

6. The city may waive the limits on contiguous stalls and may approve reductions of up to 50 percent of the parking lot setback requirements if significant trees are saved and incorporated in the design of circulation and parking.

7. Tandem parking (two parking spaces located end-to-end rather than side-to-side) may be approved by the planning director as part of the building permit; provided, that (1) the arrangement will not create traffic congestion due to additional entry and exit movements; (2) on-street parking is available; and (3) the arrangement will not adversely impact safety factors.

8. For on-street parking spaces, handicap parking shall be distributed throughout the street and shall be separated from other handicap parking spaces by at least 10 nonhandicap spaces, or as required by the building official.

E. Noncommuter Ferry Parking. Noncommuter ferry parking is permitted in the ferry terminal district as provided below.

1. Permanent Noncommuter Parking Spaces. Permanent noncommuter parking spaces may be developed in under-building or below grade parking in the ferry terminal overlay district, providing:

a. For each existing surface ferry parking space that is moved under-building or below grade, one noncommuter additional parking space may be developed under-building or below grade.

b. The total number of commuter additional parking spaces may not increase the total parking inventory of 1,121 spaces. Noncommuter parking spaces may not exceed 353 spaces. No property owner of an existing surface parking lot may increase the total number of spaces on that property by more than 225 spaces.

c. These noncommuter additional parking spaces are only for use by noncommuter ferry passengers.

d. No grade-level, under-building parking shall be adjacent to Winslow Way. Ingress and egress to the parking shall be allowed from Winslow Way.

e. Any level of parking contained within or under the structure that is visible from a public street shall be fully screened. Means of screening can include another use, landscaping that provides a vertical screen, street trees or other vegetation.

f. In addition to the screening required in subsection E.1.e of this section, the street facade of the parking structure shall be enhanced by architectural detailing, artwork (such as a mosaic, mural, decorative masonry pattern, sculpture, or relief) or similar visual interest features.

g. A plan to mitigate the visual impact of the parking structure, including the proposed landscaping and street facade treatment, shall be required as a condition of development application approval.

h. As a condition of development application approval, the property owner shall include a plan for designating parking for only noncommuter use and shall demonstrate how restriction of spaces for noncommuter parking will be enforced. Failure to enforce shall subject the owner to the provisions of Chapter 1.26 BIMC.

2. Temporary Noncommuter Ferry Parking. Temporary noncommuter ferry parking spaces may be developed as surface parking in the ferry terminal overlay district under the following conditions:

a. The property owner shall submit an application for approval for the construction of permanent noncommuter ferry parking spaces under subsection E.1 of this section.

b. The property owner shall apply for and obtain a conditional use permit authorizing the use of the property for temporary noncommuter ferry parking. Such applications shall be processed as a minor conditional use under BIMC Title 2.

c. Temporary noncommuter parking lots shall comply with the design and construction requirements of this chapter, except that:

i. Temporary parking lots and associated driveways may be gravel; provided, that all drainage requirements are met;

ii. Temporary parking lots shall be exempt from the requirements of BIMC 18.15.030.A.2;

iii. Temporary parking lots shall be exempt from the requirements of BIMC 18.15.030.A.4. Internal walkways may be surfaced with gravel, except that walkways providing access to handicapped spaces shall meet accessibility requirements; and

iv. Temporary parking lots are exempt from the landscaping requirements of subsection J.3.a of this section and the screening requirements of BIMC 18.15.010.F.

d. Notwithstanding the provisions of BIMC Title 2 concerning conditional use permits, a conditional use permit authorizing temporary noncommuter ferry parking spaces shall automatically expire 180 days after the date that the permit is issued. The temporary noncommuter parking shall be removed within 10 days after the permit expires.

e. Notwithstanding the provisions of BIMC Title 2 concerning conditional use permits, the department may grant one extension of a conditional use permit authorizing temporary noncommuter ferry parking spaces for a period not to exceed 180 days if:

i. A request for an extension is received by the department no later than 30 days prior to the expiration of the permit;

ii. Termination of the permit would result in an unreasonable hardship to the applicant, and the applicant is not responsible for the delay in obtaining the approval of the permanent noncommuter ferry parking spaces;

iii. An extension of the permit will not cause substantial detriment to existing uses in the immediate vicinity of the subject property; and

iv. The temporary noncommuter parking shall be removed within 10 days after the permit expires.

F. Temporary Ferry Commuter Parking. Temporary ferry commuter parking spaces may be developed as surface parking in the Winslow Mixed Use central core, gateway, or ferry terminal overlay districts under the following conditions:

1. An application has been submitted to redevelop a property on which existing ferry commuter parking is located, as shown on Figure 6.2 of the Winslow master plan, and this redevelopment will require the temporary displacement of existing ferry commuter parking spaces.

2. The property owner shall apply for and obtain a conditional use permit authorizing the use of the property for temporary ferry commuter parking. Such applications shall be processed as an administrative conditional use under BIMC Title 2.

3. The property owner shall comply with the requirements of subsection E.2.c of this section.

4. Notwithstanding the provisions of BIMC Title 2 concerning conditional use permits, a conditional use permit authorizing temporary ferry commuter parking spaces shall automatically expire one year from the date that the permit is issued. The temporary ferry parking shall be removed within 10 days after the permit expires.

5. Notwithstanding the provisions of BIMC Title 2 concerning conditional use permits, the department may grant one extension of a conditional use permit authorizing temporary ferry commuter parking spaces for a period to be determined by the director; provided, that: (a) a request for an extension is received by the department no later than 30 days prior to the expiration of the permit; (b) termination of the permit would result in an unreasonable hardship to the applicant; (c) an extension of the permit will not cause substantial detriment to existing uses in the immediate vicinity of the subject property; and (d) the temporary ferry commuter parking shall be removed within 10 days after the permit expires.

G. Commercial Parking or Commercial Parking Businesses, Other than Ferry Commuter Parking and Noncommuter Ferry Parking. Commercial parking may be developed for general public use at no fee, or as a commercial parking business. Commercial parking businesses must comply with provisions of Chapter 5.10 BIMC.

1. Surface Parking Lots. Surface parking lots for commercial parking only, developed by public or private concerns, or developed by a public or cooperative commercial effort shall be treated as special cases under Table 18.15.020-2 and are permitted in the core, gateway, and ferry terminal districts, providing:

a. Parking lots shall be sited on parcels within 200 feet of Winslow Way or lower Madison (south of Wyatt).

b. Parking lots shall not be sited adjacent to a parcel containing a parking lot or structure in which parking is the primary use.

c. Parking lots shall not exceed 30 spaces.

d. As a condition of development application approval, the property owner shall include a plan for designating parking for only noncommuter use and shall demonstrate how restriction of spaces for noncommuter parking will be enforced. Failure to enforce shall subject the owner to the provisions of Chapter 1.26 BIMC.

e. Integrate LID BMPs into surface parking lots in accordance with Chapter 15.20 BIMC.

2. Structured Parking. Structured parking for commercial parking only, developed by public or private concerns, or developed by a public or cooperative commercial effort as provided for as a Special Case in Table 18.15.020-2 shall require a conditional use permit in the core district west of SR 305, providing:

a. Structures shall not be sited adjacent to a parcel containing a parking lot or structure in which parking is the primary use.

b. As a condition of development application approval, the property owner shall include a plan for designating parking for only noncommuter use and shall demonstrate how restriction of spaces for noncommuter parking will be enforced. Failure to enforce shall subject the owner to the provisions of Chapter 1.26 BIMC.

c. Any level of parking contained within or under the structure that is visible from a public street shall be fully screened. Means of screening can include landscaping that provides a vertical screen; a facade that incorporates artwork (such as a mosaic, mural, decorative masonry pattern, sculpture, or relief) over a substantial portion of the facade; or trees and other vegetation.

d. A plan to mitigate visual impact of the parking structure, including the proposed landscaping and/or artwork, shall be required as a condition of development application approval.

H. Additional Provisions for the B/I Districts. The following additional parking and loading provisions shall apply in the B/I districts.

1. On-street parking or staging of trucks on public streets is prohibited.

2. The primary vehicular access for business/industrial developments shall avoid a street or easement that primarily serves residential uses.

3. No new curb cuts shall be allowed onto public streets if it is possible for a development to share an access drive with an existing facility.

4. Entrances and exits to and from parking and loading facilities shall be clearly marked with appropriate directional signage where multiple access points are provided.

5. Internal circulation shall be designed for safety and efficiency by reducing conflicts between vehicular and pedestrian traffic, combining circulation and access areas where possible, providing adequate truck maneuvering, stacking, and loading areas and accommodating emergency vehicle access.

6. To reduce noise and visual conflicts with neighboring properties and public streets, loading facilities shall be located internal to the site or where conflict with neighboring properties will be reduced.

7. Loading docks and doors facing a public street shall be offset from the access drive and shall be screened from the street.

8. Where a residential unit for security is constructed in the B/I zone district, one parking space shall be provided.

I. Temporary Commercial Parking. This section does not apply to commuter or noncommuter ferry parking. Temporary commercial parking lots are permitted in the Mixed Use Town Center and High School Road districts under the following conditions:

1. A land use application for property located within the Mixed Use Town Center or High School Road Districts and anticipated construction activities related to the project will reduce availability of existing parking spaces for customers and employees and/or create a need for construction worker parking; or the parking needs of the commercial business have increased and, having outgrown its original parking accommodations, the commercial business is in the process of seeking a permanent solution.

2. The application shall be exempt from site plan and design review pursuant to BIMC 2.16.040. The application shall be processed as an administrative approval under BIMC Title 2. Clearing or grading permits may be required if a new surface lot is being created or expanded. The city shall request assurances that all significant trees are retained and remain protected during any clearing or grading, pursuant to subsection I.6 of this section.

3. Temporary commercial business parking lots shall comply with the design and construction requirements of this chapter, except that:

a. Temporary commercial business parking lots shall be exempt from the landscaping requirements of subsection J.3.a of this section and BIMC 18.15.010 and 18.15.030;

b. Temporary commercial business parking lots may be surfaced with gravel; provided, that all drainage requirements are met; and

c. Temporary commercial business parking lots shall be exempt from the requirements of subsections C.2.c and D.5 of this section.

4. Approval of a temporary commercial parking lot shall expire upon completion of the specified project or within 18 months of the lot’s building permit approval, whichever comes first. To prevent serial use of a property as a temporary commercial parking lot, a property shall not be utilized for such parking for more than three years within a 10-year period. The department may grant one extension of a permit authorizing temporary commercial business parking for a period not to exceed 180 days if:

a. A request for an extension is received by the department no later than 30 days prior to the expiration of the permit;

b. Termination of the permit would result in an unreasonable hardship to the applicant, and the applicant is not responsible for the delay in securing permanent parking spaces; and

c. An extension of the permit will not cause substantial detriment to existing uses in the immediate vicinity of the subject property.

5. A temporary commercial parking lot shall meet the requirements of Chapter 15.20 BIMC (Surface and Stormwater Management), except that any existing parking lot being used as a temporary commercial business parking lot shall not be required to be improved to meet current standards. Dust shall be controlled during construction of and use of a temporary commercial parking lot.

6. All temporary commercial parking lots shall be designed to retain all significant trees, as defined in Chapter 18.36 BIMC, except when removal of hazardous trees is permitted pursuant to BIMC 16.20.040 (Critical Areas) or 18.15.010.C.1 (Tree Retention, Protection and Replacement). For those significant trees impacted by construction activity within their driplines, the applicant shall submit a retention plan, meeting the requirements of BIMC 18.15.010.C.4, prepared by a certified arborist addressing the impact of construction activity to the trees and the likelihood for five-year survivability.

7. An application for a temporary commercial parking lot shall include a restoration plan addressing revegetation and removal of newly created parking surfaces. An assurance device, guaranteeing completion of restoration, shall be posted with the city prior to issuance of clearing and/or grading permits. Temporary commercial parking that was newly created through this permit shall be removed and site restoration complete within 30 days after the permit expires. This provision will not apply if another commercial business will begin to use the parking lot within 60 days.

8. An application for a temporary commercial parking lot shall include a plan for prohibiting parking for ferry commuter and noncommuter use and shall demonstrate how restriction of spaces for general public/customer and/or employee use will be enforced. Failure to enforce shall subject the owner to the provisions of Chapter 1.26 BIMC.

9. A portion of a temporary commercial business parking lot developed to accommodate employees and/or the general public during construction activities may be utilized to store or park construction-related equipment, materials, and supplies if it does not create a safety hazard for pedestrians and vehicles utilizing the parking lot. Construction-related equipment, materials, and supplies shall be stored in appropriate containers or bins to the extent feasible or on the ground in well-stacked, neat piles. The temporary construction storage containers and bins shall be exempt from the requirements of BIMC 18.09.030.J.2. Large construction equipment may be parked in parking spaces. As a condition of application approval, the commercial business planning to use a portion of the parking lot to store or park construction-related equipment, materials, and supplies must include a plan to alert employees and the general public using the parking lot to the presence of such items.

10. All applicable provisions of Chapter 16.12 BIMC (Shoreline Master Program) and Chapter 16.20 BIMC (Critical Areas) must be met in the design and use of any temporary commercial parking lot.

11. The use of any temporary commercial parking lot shall comply with the air quality emissions performance standards of BIMC 18.06.030.B.2.

J. Design Standards.

1. Parking Space and Aisle Dimensions. Except as provided in subsection J.1.e of this section, parking lots shall be designed according to Table 18.15.020-3. Space depth shall be measured exclusive of access drives, aisles and other physical obstructions. Small car spaces may total no more than 30 percent of the required number.

a. Parking lots shall have direct access to a street or road easement and shall provide unobstructed access driveways exclusive of the required parking areas.

b. Multifamily and nonresidential developments shall use access standards as shown in Table 18.15.020-3.

c. Where possible, single-family residences shall share access drives.

d. Access drive widths for single-family residences shall be determined by the city engineer or fire marshal.

e. For parking located in structures, columns or other structural elements may encroach into the parking space a maximum of six inches on a side; provided, that no wall, post, guardrail, or other element shall obstruct car door opening or the exit-way of persons from a parked vehicle.

Table 18.15.020-3: Parking Space and Lot Design and Dimensions [1] 

A

Parking Angle

B

Stall Width (ft.)

C [2]

Stall Depth (ft.)

D

Aisle Width (paved surface ft.)

Direction of Travel

45°

7.5

15

11

1-way

8.5

18

13

1-way

7.5

15

18

2-way

8.5

18

20

2-way

60°

7.5

15

14

1-way

8.5

19.5

14.5

1-way

7.5

15

20

2-way

8.5

19.5

20

2-way

75°

7.5

15

17.5

1-way

8.5

20

18.5

1-way

7.5

15

20

2-way

8.5

20

20

2-way

90°

7.5

15

20

2-way

8.5

19

24

2-way

Parallel

20

8.5

12

1-way

20

8.5

12

2-way

[1]    The first line of each category (e.g., 45 degrees, one-way travel) indicates the dimensions for compact cars.

[2]    Where wheel stops are required, they shall be placed 18 inches from the end of stall. Landscaping may be located between the wheel stop and the end of the stall. Landscaping so located shall be in addition to, and not part of, any landscaping required by this title.

2. Grades. Where parking spaces are designated, grades shall not exceed six percent. Driveways and driving lanes between separate groups of parking shall not exceed 14 percent. Parking areas on sloping lots shall be laid out so that parked cars lie perpendicular to the slope. Where existing grades on property proposed for a parking lot exceed 10 percent, the city may require a topographic survey to show existing and proposed grades.

3. Landscaping.

a. Parking lots shall be landscaped in accordance with BIMC 18.15.010.F.

b. Permeable pavement is preferred in both accessory and primary parking lots. The following types of permeable pavement have been found to perform well in the Puget Sound climate when properly designed: pervious concrete, porous asphalt, plastic grid systems, and interlocking permeable pavers. (Ord. 2017-02 § 1, 2017; Ord. 2016-28 §§ 17 – 19, 2016; Ord. 2014-14 § 3, 2014; Ord. 2011-17 § 2, 2011; Ord. 2011-02 § 2 (Exh. A), 2011)

18.15.030 Mobility and access.

The intent of this section is to improve mobility and access for pedestrians, bicyclists, and transit users in Bainbridge Island. All development shall comply with the development standards of RCW 58.17.110(1) and all long, short, and large lot subdivisions shall comply with the road and pedestrian access standards in BIMC 17.12.040.E.

A. Circulation and Walkways. The following standards shall apply to multifamily and nonresidential development.

1. Parking lots and driveways shall provide well-defined, safe and efficient circulation for motor vehicles, bicycles and pedestrians.

2. Landscaped islands with raised curbs shall be used to define entrances from public rights-of-way, define pedestrian walkways from the public rights-of-way to all buildings, define ends of parking aisles and indicate the pattern of circulation. Curb cuts or grates can be incorporated to allow water to enter stormwater facilities and LID BMPs.

3. Pedestrian walkways shall be provided around buildings to the extent necessary to assure safe access to the building from parking areas and the public right-of-way. Where appropriate, as determined by the approving body, pedestrian walkways may be required to assure safe access to adjacent properties.

4. Internal walkways shall be surfaced with nonskid hard surfaces, such as permeable pavement, meet accessibility requirements and be designed to provide a minimum of five feet of unobstructed width. Where walkways cross vehicular driving lanes, the walkways shall be constructed of contrasting materials or with maintained painted markings. Walkways shall be curbed and raised six inches above adjacent vehicular surface grade, except where the walkway crosses vehicular driving lanes or is required to meet accessibility standards and at inlets to stormwater facilities and LID BMPs.

5. To provide connectivity between adjacent trails/walkways, pedestrian walkways may be required.

B. Bicycle Facilities. The following requirements apply to multifamily and nonresidential developments.

1. Except as provided in subsection B.2 of this section, all parking facilities, except those serving single-family residences (including any use accessory thereto), shall contain bicycle parking facilities that allow secure locking of both the frame and wheels of a bicycle. One bicycle space shall be provided for every five parking spaces with a minimum of four spaces provided for each parking lot.

2. An applicant may request, and the director may approve, a reduction or waiver of the requirements of subsection B.1 of this section, based on the following considerations: (a) the population to be served by the proposed use and the likelihood of demand for the bicycle facilities by that population, (b) the provision of alternative on-site area available for bicycle storage or security, or (c) the operational characteristics of a proposed use and their effect on the likelihood or suitability of bicycle use.

3. In the central core, gateway, and ferry terminal districts, up to 40 percent of the required bicycle parking spaces may be met off site if the spaces are within 300 feet walking distance of the edge of the development parcel.

C. Transit Accommodation. In the B/I, Mixed Use Town Center, NC, High School Road, and residential zone districts, a proposed site plan shall accommodate bus stops along public rights-of-way in locations identified by relevant transit authorities. Any condition imposed shall be based on an individualized determination of the nature and extent of anticipated impacts of the proposed development. (Ord. 2017-02 § 1, 2017; Ord. 2016-28 § 20, 2016; Ord. 2011-02 § 2 (Exh. A), 2011)

18.15.040 Outdoor lighting.

A. Purpose. The purpose of this chapter is to provide regulations that preserve and enhance the view of the dark sky; promote health, safety, security, and productivity; and help protect natural resources. The provisions of this chapter are intended to control glare and light trespass. It is the intent of this chapter to provide standards for appropriate lighting practices and systems that will enable people to see essential detail in order that they may undertake their activities at night, facilitate safety and security of persons and property, and curtail the degradation of the nighttime visual environment.

B. Applicability.

1. All outdoor lighting fixtures installed on private and public property shall comply with this chapter. This chapter does not apply to interior lighting; provided, that if it is determined by the director that any interior lighting emitting light outside of the building or structure in which it is located creates a light trespass, the interior lighting shall be subject to the requirements of this chapter.

2. In the event of a conflict between the requirements of this chapter and any other requirement of the Bainbridge Island Municipal Code the more specific requirement shall apply.

C. Exemptions. The following are exempt from the provisions of this section:

1. Traffic control signals and devices;

2. Street lights installed prior to August 15, 2002; provided, that when a street light fixture becomes inoperable, any replacement street light fixture shall be subject to the provisions of BIMC 18.15.040;

3. Temporary emergency lighting (i.e., fire, police, repair workers) or warning lights;

4. Moving vehicle lights;

5. Navigation lights (i.e., radio/television towers, docks, piers, buoys) or any other lights where state or federal statute or other provision of the Bainbridge Island Municipal Code requires lighting that cannot comply with this chapter. In such situations, lighting shall be shielded to the maximum extent possible, and lumens shall be minimized to the maximum extent possible, while still complying with state or federal statute;

6. Seasonal decorations do not have to be shielded; provided, that they do not have a brightness of more than 0.1 foot-candles at the property line on which they are installed;

7. Outdoor lighting approved by the director for temporary or periodic events (e.g., fairs, nighttime construction); and

8. Internally illuminated signs permitted under Chapter 15.08 BIMC.

D. General Standards. The following general standards shall apply to all nonexempt outdoor lighting fixtures and accent lighting:

1. All outdoor lighting fixtures and accent lighting shall be designed, installed, located and maintained such that there is no light trespass (see Figure 2 in subsection F of this section).

2. Outdoor lighting fixtures and accent lighting must be shielded and aimed downward. Examples of acceptable and unacceptable light pollution control shielding are shown in Figures 1 through 3 in subsection F of this section. The shield must mask the direct horizontal surface of the light source. The light must be aimed to ensure that the illumination is only pointing downward onto the ground surface, with no escaping direct light permitted to contribute to light pollution by shining upward into the sky.

3. Outdoor lighting fixtures and accent lighting shall not directly illuminate public waterways such as Puget Sound, even if the tidelands are privately owned, unless it is a navigational light subject to state or federal regulations or otherwise regulated by Chapter 16.12 BIMC.

4. Accent lighting shall be directed downward onto the illuminated object or area and not toward the sky or onto adjacent properties (see Figure 3 in subsection F of this section). Direct light emissions of such accent lighting shall not be visible above the roof line or beyond the building, structure, or object edge.

5. Spotlighting on landscaping and foliage shall be limited to 150 watts incandescent (2,220 lumens output) and comply with other standards in this chapter.

E. Prohibited.

1. The following fixtures (luminaires) are prohibited: (a) searchlights for any other purpose other than temporary emergency lighting, (b) laser lights or any similar high-intensity light for outdoor use or entertainment, (c) quartz lamps, and (d) mercury vapor lamps.

2. The city reserves the right to further restrict outdoor lighting including, but not limited to, pole height and level of illumination, when it is deemed to be in the best public interest consistent with the purpose of BIMC 18.15.040.

F. Figures of Acceptable Shielding and Direction of Outdoor Light Fixtures. The following figures illustrate acceptable and unacceptable outdoor lighting fixtures in the city:

Figure 1: Freestanding Outdoor Lighting Fixtures

Figure 2: Outdoor Lighting Fixtures – Street and Lot Light Cut-off at Property Line

Figure 3: Accent Lighting

(Ord. 2011-02 § 2 (Exh. A), 2011)

18.15.050 Signs.

All development shall comply with those sign regulations contained in Chapter 15.08 BIMC. In addition, BIMC 16.20.130.C.13 contains additional signage regulations for critical area fish and wildlife conservation areas, and BIMC 16.20.160.D.9 contains additional signage regulations for critical area wetlands. (Ord. 2011-02 § 2 (Exh. A), 2011)