Chapter 18.12
DIMENSIONAL STANDARDS

Sections:

18.12.010    General.

18.12.020    Tables of dimensional standards.

18.12.030    Additional dimensional provisions.

18.12.040    Modifications to required setbacks and heights.

18.12.050    Rules of measurement.

18.12.010 General.

A. All development in the city of Bainbridge Island shall be subject to the dimensional standards in Tables 18.12.020-1, 18.12.020-2, and 18.12.020-3 and BIMC 18.12.030, unless those standards are explicitly varied by another provision of the Bainbridge Island Municipal Code.

B. Lots that have previously received final approval from the city, or that have previously received final approval from Kitsap County prior to inclusion within the city boundaries, and that do not comply with the adopted flexible lot design requirements shall be considered existing nonconforming lots, but any future resubdivision of any such lots shall comply with adopted flexible lot design requirements. Pre-existing PUDs may have their own standards that do not match those in Tables 18.12.020-1, 18.12.020-2, or 18.12.020-3.

C. In addition, the following sections of the BIMC may impose additional dimensional requirements or allow exceptions to dimensional requirements, and in the case of a conflict with the information in Tables 18.12.020-1, 18.12.020-2, or 18.12.020-3 the more specific provision or criteria shall apply:

1. BIMC 2.16.020.Q, Housing Design Demonstration Projects.

2. Chapter 16.12 BIMC, Shoreline Master Program.

3. Chapter 16.20 BIMC, Critical Areas.

4. BIMC 17.12.030.A, flexible lot subdivision open space development option.

5. BIMC 17.12.030.B, flexible lot subdivision cluster development option.

6. BIMC 18.09.030, Use-specific standards.

7. BIMC 18.12.030.F, Shoreline Structure Setbacks.

8. Chapter 18.27 BIMC, Transfer of Development Rights. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.12.020 Tables of dimensional standards.

Tables 18.12.020-1, 18.12.020-2, and 18.12.020-3 set forth applicable dimensional standards. Where a property is located in more than one zone district, units permitted by density calculations within each zone district must be constructed on the portion of the property located within that zone district and required setbacks for each zone district must be met. Permitted densities are not “blended” across the zone district line.

 

Table 18.12.020-1 Flexlot Dimensional Standards for Residential Zone Districts
 

[Numbers in brackets indicate additional requirements listed at the end of the table.]

ZONING DISTRICT	R-0.4	R-1	R-2	R-2.9	R-3.5	R-4.3	R-5	R-6	R-8	R-14
DIMENSIONAL STANDARD
MINIMUM LOT AREA
Note: Additional regulations on lot dimensions may apply pursuant to:
(a) BIMC 17.12.030.A, flexible lot subdivision open space development option; or
(b) BIMC 17.12.030.B, flexible lot subdivision cluster development option.
Open Space Short and Long Subdivision	If the parcel is served by a public sewer system or the septic drainfield is located outside of the lot: 5,000 sq. ft. located outside of critical areas and their buffers (see BIMC Title 16) in every zone district except R-14. In the R-14 district, the minimum lot area is 3,100 sq. ft. For all zone districts, the minimum lot size can be reduced below 5,000 sq. ft. as an incentive for providing additional open space pursuant to BIMC 17.12.030.A.5. If the septic drainfield is located within the lot, then 12,500 sq. ft., unless the health district requires a larger lot size.
Short and Long Cluster Subdivision	Lot size flexible as long as minimum homesite area met per BIMC 17.12.030.B.
	Homesite max. 10,000 sq. ft.				Homesite max. 7,600 sq. ft.		Homesite max. 5,000 sq. ft.
Large Lot Subdivision	5 ac or 1/128th of a section, whichever is smaller
MAXIMUM DENSITY (Minimum lot area per dwelling unit)
Note: Subdivisions containing irregularly shaped lots and lots containing critical areas may not be permitted to achieve maximum density. Additional regulations on density may apply pursuant to:
(a) BIMC 16.20.160.F.5.a, Additional Development Standards for Regulated Uses, Land Divisions and Land Use Permits, Density Calculation
Short, Long, and Large Lot Subdivisions	The maximum number of lots permitted shall be calculated by dividing the total lot area of the property (without deducting areas to be dedicated as public rights-of-way or areas to be encumbered by private road easements) by the minimum lot area for standard lots in the zone district.
Base Density	100,000 sq. ft.	40,000 sq. ft.	20,000 sq. ft. [1]	15,000 sq. ft. [2]	12,500 sq. ft. [2]	10,000 sq. ft. [2]	8,500 sq. ft.	7,260 sq. ft.	5,400 sq. ft.	3,100 sq. ft.
Bonus Density pursuant to BIMC 18.12.030.A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	3,630 sq. ft.	2,074 sq. ft.
MINIMUM LOT DIMENSIONS
Note: Additional regulations on lot dimensions may apply pursuant to:
(a) BIMC 17.12.030.A, flexible lot subdivision open space development option, or
(b) BIMC 17.12.030.B, flexible lot subdivision cluster development option.
Short, Long, and Large Lot Subdivisions	Minimum lot width shall be 50 ft. unless the shoreline master program requires a larger width. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. The size, shape, and orientation of lots shall be appropriate for the type of development and use contemplated. Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. When consistent with neighborhood character, subdivision lots situated along public streets should be configured to allow future houses to face the street, but this requirement does not apply to short plats or large lots.
MAXIMUM LOT COVERAGE [3]
Short and Long Subdivision	Same as applied to the entire property that is the subject of the subdivision application, a portion of which shall be assigned to each lot at the time of preliminary plat approval.
Large Lot Subdivision	10%	15%	20%	25%	25%	25%	25%	N/A	25%	40%
MINIMUM SETBACKS
Note: Landscaped areas may serve as setbacks (i.e., setbacks are not in addition to landscaped areas), and some encroachments into setback areas are permitted pursuant to BIMC 18.12.040.
Note: Additional setbacks may be required by:
(a) Chapter 16.08 or 16.12 BIMC, or
(b) Chapter 16.20 BIMC, Critical Areas, or
(c) BIMC 16.28.040, mining regulations, or
(d) BIMC 18.09.030, Use-Specific Standards, or
(e) BIMC 18.12.030.F, Shoreline Structure Setbacks, or
(f) BIMC 18.15.010, Landscaping and Screening.
Short, Long, and Large Lot Subdivisions [4]
Bldg. to bldg.	10 ft., or minimum required by the fire code, whichever is greater
Building to exterior plat boundary line	25 ft.	15 ft.
Building to SR 305 right-of-way	75 ft.
Building to other arterial and collector rights-of-way	50 ft.				40 ft.
Building to other streets	15 ft.
Building to trail, open space or access easement (except for open space areas that are also roadside or landscape buffers)	10 ft.
Cluster Subdivisions: Homesite clustering	All homesites in a cluster grouping shall adjoin or be located a maximum of 25 feet apart from another homesite.
Shoreline Jurisdiction	See BIMC 16.12.150, Table 4-2, Use-Related Development Standards Matrix, of the shoreline master program, and BIMC 18.12.030.F, Shoreline Structure Setbacks. For properties abutting the shoreline, the native vegetation zone required by BIMC 16.12.090 replaces the zoning setbacks along the water.
MAXIMUM BUILDING HEIGHT
Note: Bonus may not be available in the shoreline jurisdiction
Short, Long, and Large Lot Subdivisions	Height Requirements for Standard Lots apply (see end of table)

[1]    The base density for that parcel in the Lynwood Center special planning area designated as R-2 is one unit per 20,000 sq. ft., but may be increased up to 3 units per acre; provided, that a public access easement is granted for that portion of the parcel that lies to the south of Point White Drive along the waters of Rich Passage. The base density of some parcels in the Fort Ward historic overlay district may be increased as shown in BIMC 18.24.070.

[2]    Pursuant to Chapters 18.18 and 18.27 BIMC the minimum lot area for a dwelling unit shall be 5,400 square feet for that area designated on the official land use map as the urban single-family overlay district (R-8SF). All other requirements of this chapter shall apply.

[3]    Educational, governmental, cultural, religious, and health care, within residential zone districts must be processed as major conditional use permits pursuant to BIMC 2.16.110.E.

[4]    For flexlot subdivisions and short plats, setbacks from rights-of-way may be reduced to maintain neighborhood character by establishing building setbacks equal to or greater than the existing building setbacks on the adjacent properties. Where there are no developed properties adjacent to the property being subdivided, the setbacks in Table 18.12.020-1 shall apply.

 

Table 18.12.020-2 Standard Lot Dimensional Standards for Residential Zone Districts
 

[Numbers in brackets indicate additional requirements listed at the end of the table]

ZONING DISTRICT	R-0.4	R-1	R-2	R-2.9	R-3.5	R-4.3	R-5	R-6	R-8	R-14
DIMENSIONAL STANDARD
MINIMUM LOT AREA
Note: Additional regulations on lot dimensions may apply pursuant to:
(a) BIMC 17.12.030.A, flexible lot subdivision open space development option, or
(b) BIMC 17.12.030.B, flexible lot subdivision cluster development option.
Standard Lots	100,000 sq. ft.	40,000 sq. ft.	20,000 sq. ft.	15,000 sq. ft.	12,500 sq. ft.	10,000 sq. ft.	8,500 sq. ft.	7,260 sq. ft.	5,400 sq. ft.	3,100 sq. ft.
MAXIMUM DENSITY (Minimum lot area per dwelling unit)
Note: Additional regulations on density may apply pursuant to:
(a) BIMC 16.20.160.F.5.a, Additional Development Standards for Regulated Uses, Land Divisions and Land Use Permits, Density Calculation.
Standard Lots
Base Density	100,000 sq. ft.	40,000 sq. ft.	20,000 sq. ft. [1]	15,000 sq. ft. [2]	12,500 sq. ft. [2]	10,000 sq. ft. [2]	8,500 sq. ft.	7,260 sq. ft.	5,400 sq. ft.	3,100 sq. ft.
Bonus Density pursuant to BIMC 18.12.030.A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	3,630 sq. ft.	2,074 sq. ft.
MINIMUM LOT DIMENSIONS
Note: Additional regulations on lot dimensions may apply pursuant to:
(a) BIMC 17.12.030.A, flexible lot subdivision open space development option, or
(b) BIMC 17.12.030.B, flexible lot subdivision cluster development option.
Standard Lots
Depth	110 ft.	80 ft.	80 ft.	N/A	N/A	N/A	N/A	60 ft.	60 ft.	60 ft.
Width	110 ft.	80 ft.	80 ft. [70 ft. for lots that abut the shoreline]	N/A	N/A	N/A	N/A	60 ft.	60 ft.	60 ft.
MAXIMUM LOT COVERAGE
Standard Lots
Base	10%	15%	20%	25%	25%	25%	25%	N/A	25%	40%
Bonus	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	40% Pursuant to BIMC 18.12.030.A	50% Pursuant to BIMC 18.12.030.B
MINIMUM SETBACKS
Note: Landscaped areas may serve as setbacks (i.e., setbacks are not in addition to landscaped areas), and some encroachments into setback areas are permitted pursuant to BIMC 18.12.040.
Note: Additional setbacks may be required by:
(a) Chapter 16.08 or 16.12 BIMC, or
(b) Chapter 16.20 BIMC, Critical Areas, or
(c) BIMC 16.28.040, mining regulations, or
(d) BIMC 18.09.030, Use Specific Standards, or
(e) BIMC 18.12.030.F, Shoreline Structure Setbacks, or
(f) BIMC 18.15.010, Landscaping and Screening.
Standard Lots
Front/Street
2 stories or less	25 ft.				25 ft.			5 ft. from edge of paved portion of Point Monroe Dr.	25 ft.
More than 2 stories	Add 4 feet for each story over 2 stories [3]								Same as for R-0.4 through R-5
Side (not adjacent to street)
2 stories or less	15 ft. each side	10 ft. min., 25 ft. total	5 ft. min., 15 ft. total		5 ft. min., 15 ft. total			5 ft. min., 10 ft. total	5 ft. min., 15 ft. total
More than 2 stories	Add 5 ft. on each side, and 10 ft. to the total setback required, for each story over 2. If there is only one side yard, it is increased by 5 ft. for each story over 2 [3]								Same as for R-0.4 through R-5
Rear (not adjacent to street)
2 stories or less	25 ft.	15 ft.			15 ft.			15 ft.	15 ft.
More than 2 stories	Add 4 feet for each story over 2 [3]								Same as for R-0.4 through R-5
Shoreline Jurisdiction	See BIMC 16.12.150, Table 4-2, Use-Related Development Standards Matrix, of the shoreline master program and BIMC 18.12.030.F, Shoreline Structure Setbacks.
MAXIMUM BUILDING HEIGHT [4]
Note: Bonus may not be available in the shoreline jurisdiction
All lots
Base	30 ft.	30 ft.		25 ft.				30 ft.	35
Bonus for Nonresidential Uses If Conditional Use Permit Conditions Met	35 ft.	35 ft.		30 ft.				35 ft.	40 ft.	40 ft. See BIMC 18.12.030.B
Exemption	Alternative height limits may apply for nonresidential uses if additional conditional use permit provisions of BIMC Title 2 are met. Some encroachments through height limits are permitted under BIMC 18.12.040.
Shoreline Jurisdiction	See BIMC 16.12.150, Table 4-2, Use-Related Development Standards Matrix, of the shoreline master program and BIMC 18.12.030.F, Shoreline Structure Setbacks.

[1]    The base density for that parcel in the Lynwood Center special planning area designated as R-2 is one unit per 20,000 sq. ft., but may be increased up to 3 units per acre; provided, that a public access easement is granted for that portion of the parcel that lies to the south of Point White Drive along the waters of Rich Passage. The base density of some parcels in the Fort Ward historic overlay district may be increased as shown in BIMC 18.24.070.

[2]    Pursuant to Chapters 18.18 and 18.27 BIMC the minimum lot area for a dwelling unit shall be 5,400 square feet for that area designated on the official land use map as the urban single-family overlay district (R-8SF). All other requirements of this chapter shall apply.

[3]    Additional setbacks for taller buildings must be from the ground upward – i.e., this is not a “step-back” requirement for upper floors.

[4]    For community and educational facilities (as listed in Table 18.09.020), spires, towers and other vertical features with horizontal cross-sections no more than five percent of the footprint of the primary structure may have a maximum height of 10 feet above the maximum base height, and shall be reviewed through a conditional use permit.

 

Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts
 

ZONING DISTRICT	Winslow Mixed Use Town Center					HSR I and II	NSC	B/I	WD-I
DIMENSIONAL STANDARD	Central Core Overlay	Madison Avenue Overlay	Ericksen Avenue Overlay	Gateway Overlay	Ferry Terminal Overlay [See BIMC 18.12.030.C]
MAXIMUM FAR (Floor Area Ratio) [1]
Basic Maximum
Commercial and Other Nonresidential Uses	0.6	0.4	0.3	0.15	0.1	0.3	No max.; limited by other standards
Residential	0.4	0.4	0.3	0.5	0.4	0.3	No FAR limit: R-2 standards apply
Mixed Use [2]	1.0	0.5	0.5	0.5	0.5	0.3	No max.; limited by other standards
Maximum with Bonus
Commercial and Other Nonresidential Uses	1.0	0.6	0.6	0.3	0.2	0.6	Bonus densities require compliance with BIMC 18.12.030.D	N/A	N/A
	Bonus densities require compliance with BIMC 18.12.030.E
Residential	1.0	0.6	0.6	1.0	1.1	0.6		N/A	N/A
	Bonus densities require compliance with BIMC 18.12.030.E
Mixed Use [2]	1.5	1.0	1.0	1.0	1.3 (1.5 pursuant to note [3])	1.0		N/A	N/A
	Bonus densities require compliance with BIMC 18.12.030.E
MINIMUM LOT DIMENSIONS
Area	N/A	N/A	N/A	N/A	N/A	N/A	N/A	20,000 sq. ft.	20,000 sq.ft.
Depth	N/A	N/A	N/A	N/A	N/A	N/A	80	N/A	N/A
Width	N/A	N/A	N/A	N/A	N/A	N/A	80	N/A	N/A
MAXIMUM LOT COVERAGE
	100%, excluding setbacks	35%	35% 2,500 sq. ft. max. building footprint south of Wyatt, excluding parking structures located below predevelopment and finished grade	35%	75%	50%	35%	35%	50%
SETBACKS (Minimum required unless otherwise noted) [4]
Note: Landscaped areas may serve as setbacks and, in some cases, may exceed the setback requirements.
Note: Additional setbacks may be required by:
(a) Chapter 16.12 BIMC, Shoreline Master Program; or
(b) Chapter 16.20 BIMC, Critical Areas; or
(c) BIMC 16.28.040, mining regulations; or
(d) BIMC 18.09.030, Use Specific Standards; or
(e) BIMC 18.12.030.F, Shoreline Structure Setbacks.
Front
	Commercial: 5 ft. max. from sidewalk; Residential: 10 ft. min. and 20 ft. max. from Madison Ave. sidewalk	10 ft. min., 20 ft. max.	15 ft. min., 20 ft. max.	5 ft. max. from sidewalk	5 ft. max. from sidewalk except as modified by transition standards in BIMC 18.12.030.C	10 ft. max. from sidewalk	0 ft. min., 20 ft. max from any street, planned right-of-way or road easement, unless otherwise provided under special planning area provisions	50 ft. min. along any public right-of-way	40 ft. min. from property in residential districts; 10 ft. min. for all other
Side
	0 ft.; 5 ft. min. when property abuts the Madison Avenue or Ericksen Avenue overlay districts	0 ft.; 5 ft. min. when property abuts the central core overlay district	5 ft. min.	0 ft.	0 ft.	0 ft.	0 ft. when property abuts another NSC zone; 15 ft. when property abuts a residential zone	10 ft.; 50 ft. when abutting a residentially zoned property. The city may increase this to a maximum of 100 ft. depending on the type, scale, and intensity of the proposed use, subject to site plan review.	40 ft. min. from property in residential districts; 10 ft. min. for all other
Rear
	0 ft.; 5 ft. min. when property abuts the Madison Avenue or Ericksen Avenue overlay districts	0 ft.; 5 ft. min. when property abuts the Central Core or Ericksen Avenue overlay districts	0 ft.; 5 ft. min. when property abuts the central core or Madison Avenue overlay districts	0 ft.	0 ft.	0 ft.	0 ft. when property abuts another NSC zone; 15 ft. when property abuts a residential zone	15 ft. min.; 50 ft. min. when abutting a residential district. City may increase to a maximum of 100 ft. based on type, scale, and intensity of proposed use, subject to site plan review.	40 ft. min. from property in residential districts; 10 ft. min. for all other
Shoreline Jurisdiction	See BIMC 16.12.150, Table 4-2 Use-Related Development Standards Matrix of the shoreline master program, and BIMC 18.12.030.F, Shoreline Structure Setback Lines
MAXIMUM BUILDING HEIGHT [5]
Note: Bonus may not be available in the shoreline jurisdiction
Base	35 ft.; 25 ft. max. south of Parfitt	25 ft.; 35 ft. north of High School Road	25 ft.	35 ft.	BIMC 18.12.030.C standard height north of Winslow Way; 35 ft. south of Winslow Way	35 ft.	35 ft.	35 ft.	35 ft. except that Chapter 16.12 BIMC applies within shoreline jurisdiction
Bonus 1 if parking under building [6]	45 ft.; 35 ft. south of Parfitt	35 ft.; 45 ft. north of High School Road	35 ft.	45 ft.	BIMC 18.12.030.C optional height north of Winslow Way; 45 ft. south of Winslow Way	45 ft.
Bonus 2 for Nonresidential Uses with Major Conditional Use Permit							45 ft.	45 ft.	45 ft.
Bonus 3 Structure Height	Alternative height limits may apply if the conditional use permit provisions of BIMC Title 2 are met. Some encroachments through height limits are permitted under BIMC 18.12.040.

[1]    If the existing FAR for a developed property as of May 21, 1998, is higher than the base FAR for that district, then the existing FAR will be considered the base FAR for that developed property. Total FAR may not be exceeded.

[2]    In mixed use development, the established FAR in the residential and commercial components shall not be exceeded.

[3]    In mixed use development in the ferry terminal district, an additional 0.2 FAR is permitted in accordance with BIMC 18.12.030.E.7. The additional FAR may be applied to either the residential or commercial component of the mixed use development.

[4]    When property adjoins a single-family residential zone, building setback shall be in accordance with the landscape ordinance perimeter landscaping requirements.

[5]    When property adjoins a lower density residential zone, except in the ferry terminal district, north of Winslow Way, for the first 30 feet of the building from the property line of an adjoining lower density residential zone, the building height shall be the building height of the adjoining lower density residential zone. Optional building height allowed in the adjoining lower density residential district through a conditional use permit may be requested for projects within the Mixed Use Town Center and High School Road zones through the site plan review process. For building height requirements in the ferry terminal district, north of Winslow Way, reference BIMC 18.12.030.C.

[6]    The bonus height is only available for the entire building if parking is located under more than 50 percent of the building footprint. If parking is located under 50 percent or less of the building footprint, the bonus may only be used for a portion of the building footprint twice as large as the area with parking located beneath.

(Ord. 2011-02 § 2 (Exh. A), 2011)

18.12.030 Additional dimensional provisions.

A. Density and Lot Coverage Bonus for R-8 and R-14 Zone Districts.

1. An increase in density in the R-8 and R-14 zone districts may be granted pursuant to the requirements in Chapter 18.21 BIMC.

2. A density bonus not to exceed 50 percent may be granted to lands in the R-8 and R-14 zone districts if the applicant provides permanent, public open space, provided the following criteria are met:

a. The open space shall abut a public or private street and have adequate public access.

b. If the subject property being developed is a corner site, placement of the open space at the corner is preferred.

c. Signage shall be posted to notify that the open space is public and access is permitted.

d. The amount of the density bonus shall be twice the percentage of the total lot area that is designated as open space. For example, if 25 percent of the total lot area is designated as open space, a 50 percent density bonus may be achieved.

e. The minimum area designated as public open space must be the larger of (i) 10 percent of the total lot area or (ii) one-quarter acre.

f. If the open space is not contiguous, then each open space area must be at least one-quarter acre.

g. A 15-foot building setback shall be provided along the perimeters of the open space.

h. Trees retained within the designated open space may fulfill the significant tree/canopy retention requirements of BIMC 18.15.010.

i. The public open space density bonus may be combined with other density bonuses applicable to this zone; provided, that the total combined density bonus does not exceed 50 percent of the base density.

j. The open space shall be established as permanent, public open space through one of the following means through either public or private ownership. For purposes of this provision, public ownership means that the city or other public agency chooses to accept ownership of open space and that upon approval and acceptance by the director, open space shall be dedicated to the public. Private ownership means that the open space is held in private ownership if established by easements, restrictive covenants, or other similar legal means in which (i) public access and maintenance of the open space are adequately provided for by written agreement, and such agreements or covenants are recorded with the county auditor; and (ii) in the event that the open space is not maintained consistent with the agreement, the city shall have the right to provide the maintenance of the open space and bill the owner for the cost of maintenance.

k. Lands that are located in the critical areas overlay district, as identified in the comprehensive plan, are not eligible for the density bonus provided in this section.

l. In the R-8 zone district, no portion of any building within 20 feet of a front yard setback located across the street from a single-family residential zone shall exceed a height of 25 feet.

m. In the R-8 zone district, building design shall incorporate features such as pitched or terraced roof forms, upper level stepbacks, wall recesses and/or other architectural treatment to minimize building bulk and scale as perceived from adjoining streets and neighborhoods.

n. In the R-14 zone district, open space that is selected under the provisions of subsection B.7 of this section or required as mitigation for development impacts may not be included in the open space calculations related to the density bonus provided in this section.

3. When the density bonus provisions in subsection A.2 of this section are used, the maximum lot coverage in the R-8 and R-14 zone districts may be increased as follows:

a. In the R-8 zone district, the lot coverage may be increased to 40 percent;

b. In the R-14 zone district, the lot coverage may be increased 50 percent.

B. Additional Height in R-14 District. In the R-14 zone district, an applicant who requests additional lot coverage pursuant to subsection A.3 of this section shall not be allowed to also increase maximum allowable building height unless the applicant demonstrates that:

1. The applicable design guidelines are met; and

2. The criteria for conditional use permit approval of additional height in the R-14 district, as set forth in BIMC Title 2, are met; and

3. The increased height facilitates underground or enclosed under-building parking to the extent feasible; and

4. The building massing contains significant modulations; and

5. Thirty percent of the property must be retained as pervious surface area. Pervious surface areas can include landscaping, unpaved storm water management facilities, underground or overhead utility lines, perimeter fences, and pervious trails. Setback areas and significant tree retention areas can count towards the required pervious surface area. Pervious surface area shall exclude areas covered by (a) structures, including decks, fountains, artwork, utility cabinets, lighting fixtures, trash enclosures, and signs; and (b) areas covered by paving and/or gravel, including sidewalks, impervious paths, patios, parking areas, and driveways; and

6. Mechanical equipment shall be enclosed or screened, and such enclosures or screening shall be architecturally integrated into the building design or landscape plan; and

7. The project provides one or more public amenities that would not otherwise be provided, such as greater significant tree retention or provision of more open space than is otherwise required, publicly accessible play areas, trails, or benches, or other amenities proposed by the applicant and approved by the city.

C. Transition Standards in the Ferry Terminal Overlay District. In order to protect adjacent neighborhoods, a 100-foot-wide transition area is established in the ferry terminal overlay zone, north of Winslow Way, as follows: along the west side of Ferncliff Avenue, starting approximately 100 feet north of Winslow Way; along the north boundary of the district, east of Cave Avenue; and along both sides of Cave Avenue, starting approximately 300 feet north of Winslow Way. The landscaping requirements and height restrictions illustrated below shall apply to this transition area. Portions of the ferry terminal overlay district that are not in the transition area designated by this section shall comply with all other applicable ferry terminal overlay district requirements.

D. Bonus Density in NSC District. Bonus density shall be available in the NSC district as follows:

1. Three units per acre with the provision of transfer of development rights (TDRs), in accordance with Chapter 18.27 BIMC; or

2. Three units per acre with the provision of affordable housing, in accordance with the provisions of Chapter 18.21 BIMC; or

3. Three units per acre if the development is commercial/residential mixed use and public sewer and public water are not provided, or five units per acre if the mixed use development is on public water and sewer. The residential units must be located above the ground floor if the building is located on a collector or secondary arterial or higher road classification; however, for mixed use projects, if the building fronts on a local or private street, residential units can be located on the ground floor.

a. In instances where a project contains both mixed use and residential-only buildings, the bonus density shall only be calculated based on the mixed use buildings. The residential-only buildings shall not be used to calculate the bonus density; or

4. Five units per acre with the provisions of TDRs and public sewer and water; or

5. Five units per acre with public water and sewer and the provision of affordable housing in accordance with Chapter 18.21 BIMC; or

6. Up to 12 units per acre for those specific parcels located in Lynwood Center and so designated on the land use map as NSC/R-12 for the Lynwood Center special planning area; provided, that all requirements of this title applicable to the NSC are met, and that:

a. The development is commercial/residential mixed use with the residential units located above the ground floor if the building is located on a collector or secondary arterial or higher road classification; however, for mixed use projects, if the building fronts on a local or private street, residential units can be located on the ground floor; and

b. Public sewer and water are provided; and

c. The requirements of Chapters 18.18 and 18.21 BIMC are met; and

d. A community center is constructed that is of similar style and quality to the entire development, is no less than 2,000 square feet, provides kitchen facilities, public rest rooms and outside access. The community center is to be used primarily for community functions.

E. Bonus Density in Winslow Mixed Use and High School Road Districts. Eligible properties may achieve a maximum level of development above the base FAR, as provided for in Table 18.12.020-3, by using one, or a combination of, the following FAR bonus provisions. The FAR bonus provisions may be combined to achieve the maximum level of development established for each district. In no case shall the total commercial, residential or mixed use FAR exceed the maximum FAR as provided for in Table 18.12.020-3.

1. Optional Affordable Housing.

a. FAR Bonus. Up to 100 percent of the maximum residential FAR bonus may come from providing affordable housing as defined in Chapter 18.36 BIMC; provided, that the difference between the base residential FAR and the maximum residential FAR shall be dedicated to affordable housing. A portion of the total floor area that is of common use and benefit to the entire residential development (for example, interior halls, stairwells, laundry rooms, exercise rooms) may be included in the calculation of the affordable housing component. This portion shall be the same percentage as the affordable housing provided. For example, if 20 percent of the living unit floor area is for affordable housing, then 20 percent of the common floor area may be included in the total affordable housing calculation. Development of the optional affordable housing shall be in accordance with Chapter 18.21 BIMC and Table 18.12.030.

Table 18.12.030: Optional Affordable Housing Bonus Summary Table
 

Size of Development	Residential development less than 10,000 sq. ft.	Residential development of 10,000 sq. ft. but less than 60,000 sq. ft.	Residential development more than 60,000 sq. ft.
Affordable Housing FAR Bonus	Must provide 100 percent of bonus square footage for extremely low, very low, or moderate income groups.	Must comply with following ratios:	Must comply with following ratios:
		(a) 100 percent of bonus for all moderate; OR	0.1 of bonus for extremely low, very low or low income groups;
		(b) 0.2 of bonus for extremely low, very low, or low income groups;	0.6 of bonus for moderate income group; and
		0.5 of bonus for moderate income group; and	0.3 of bonus for middle income group.
		0.3 of bonus for middle income group.

b. Preservation of the Islander Mobile Home Park. Preservation of the Islander Mobile Home Park as an existing park site for manufactured homes shall be encouraged through the following provisions.

i. Unused FAR from the parcel on which the mobile home park is located may be transferred to another parcel or parcels within the Mixed Use Town Center. For example, the base FAR for the mobile home park would be calculated, less the FAR of the mobile homes. In exchange for permanently preserving the mobile home park, the owner of the property may transfer the unused FAR to another parcel or parcels in the Mixed Use Town Center, where it may be used as bonus FAR above the base FAR for that district.

ii. Permanent preservation of the mobile home park may be used as an affordable housing bonus on another parcel or parcels within the Mixed Use Town Center. For example, in exchange for preserving the mobile home park, the owner of the property would be deemed to have met the affordable housing bonus provisions of subsection A.1 of this section, and could achieve the maximum FAR bonus for residential development on another parcel or parcels in the Mixed Use Town Center. The owner of the mobile home park may either apply the FAR bonus to another parcel(s) he or she owns, or transfer or sell the bonus to another property owner in the Mixed Use Town Center.

2. Purchase of Development Rights. Up to 100 percent of the maximum residential, commercial or mixed use FAR bonus may come from the purchase of development rights as provided for in Chapter 18.27 BIMC. The cost of development rights shall be established by resolution of the city council.

3. Public Amenities and/or Infrastructure. At the applicant’s option, a portion of the bonus may be earned through the provision of public amenities and/or infrastructure, pursuant to an adopted city council resolution clarifying the amount of credit awarded for different provision of different public amenities and/or infrastructure, as follows:

a. Up to 40 percent of the maximum residential, commercial or mixed use FAR bonus may come from monetary contributions toward public amenities and/or infrastructure beyond that required for SEPA mitigation. The amount of the contribution shall be established by resolution of the city council. Funds contributed to the public amenities and/or infrastructure shall be used exclusively in the Mixed Use Town Center or High School Road districts, for projects identified in the six-year capital facilities program, or approved by the city.

b. In lieu of the contribution of funds as provided for in subsection E.3.a of this section, and subject to approval by the director or designee, the public amenities FAR bonus may be achieved by the construction of public amenities and/or infrastructure beyond that required to mitigate the impacts of development. Public amenities and/or infrastructure projects shall be located in the Mixed Use Town Center or High School Road districts, and shall be chosen from projects identified in the six-year capital facilities program, or approved by the city.

4. Community Open Space. In the ferry terminal district, up to 60 percent of the maximum residential, commercial or mixed use FAR bonus may be achieved by providing community open space of one acre, or 20 percent of the parcel area, whichever is greater. The community open space shall be located in or in the immediate vicinity of locations identified in Figure 4.1 of the Winslow master plan. The open space must be located on the same parcel that is being developed, and must be on land that would be otherwise buildable. Adequate public access to the community open space must be provided. The city shall consider approving the bonus, taking into consideration the configuration, public use and accessibility of the proposed open space. In cases where a development project utilizes the community open space bonus provision in conjunction with the purchase of development rights bonus provision, all funds collected from the purchase of development rights shall go toward the preservation of agricultural lands fund.

5. Winslow Town Center Mixed Use/High School Road FAR Transfers. Up to 20 percent of the maximum residential, commercial or mixed use FAR bonus may come from transfers of FAR from parcels within the Mixed Use Town Center and the High School Road districts. The transfer shall create permanent open space through open space preservation covenants on sending parcels that contain critical areas as defined in Chapter 16.20 BIMC. For example, development potential in the ravine of the gateway district may be shifted to the upland area; provided, that the requirements of Chapter 16.20 BIMC are satisfied.

6. Historic Structure Preservation. When an historic structure is preserved on site, the FAR of that historic structure shall not be included in the calculation of total FAR for the site. The historic structure must be included on a state, local or federal register.

7. Ferry-Related Parking. In the ferry terminal district, an additional 0.2 FAR may be achieved by relocating existing legal surface ferry commuter parking on site (as shown on Figure 6.2 of the Winslow master plan) to under-building or below-grade parking. The percentage of the additional FAR that is achieved shall be dependent upon the percentage of parking that is relocated. For example, if 50 percent of existing surface ferry commuter parking on site is relocated under-building or below grade, then 50 percent of the total additional FAR (or 0.1 FAR) may be achieved.

F. Shoreline Structure Setbacks. The intent of this section is to protect shoreline views of principal buildings on adjacent properties. This section applies only to principal buildings abutting the water within the shoreline jurisdiction where there is no road or right-of-way intervening between the water and the building. The native vegetation zone requirements of Chapter 16.12 BIMC still apply, and may be more stringent than the shoreline structure setback.

1. All proposed principal buildings and additions shall be so located as to meet the minimum shoreline structure setback lines. The shoreline structure setback line shall be based on the location of the adjacent principal building(s) and shall be determined as follows:

a. No Existing Principal Buildings. Where no existing principal buildings are located on abutting properties, the shoreline structure setback does not apply. (See drawing following.)

b. Existing Principal Building Located on One Side. Where a principal building is located on an abutting property to one side, the shoreline structure setback line shall be a distance no less than that of the point closest to the shoreline of the adjacent principal building. (See drawings following.)

c. Existing Principal Buildings on Both Sides. Where existing principal buildings are abutting both sides of the proposed building on a regular shoreline, the shoreline structure setback line shall be determined by a line drawn between the points closest to the shoreline of each abutting principal building. Setbacks are based on principal buildings existing at the time a new building permit is submitted. A principal building constructed in compliance with the required shoreline setback is not made nonconforming by the later construction or replacement of a principal building in a different location on an adjacent lot. (See drawing following.)

d. Existing Principal Buildings on Both Sides on a Shoreline Forming a Cove or Headland. Where existing principal buildings are on abutting properties to both sides of the proposed building on a shoreline forming a cove or headland, the shoreline structure setback line shall be determined by averaging the setback lines of the two adjacent principal buildings. (See drawings following.)

2. Accessory structures, such as fences, boathouses, stairways, and sheds, may be situated within the shoreline setback area; provided, that they do not substantially obstruct the view of adjacent principal buildings. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.12.040 Modifications to required setbacks and heights.

A. Permitted Setback/Height Modifications. Minimum and maximum setbacks and maximum heights established in Tables 18.12.020-1, 18.12.020-2, and 18.12.020-3 and in BIMC 18.12.030 may be encroached as set forth in Table 18.12.040 and may also be modified by applicable provisions of adopted fire codes, the shoreline master program, and/or the building code:

 

Table 18.12.040: Permitted Setback/Height Modifications
 

Type of Encroachment	Encroachment Permitted	Conditions
Permitted Setback Modifications
Fence or combined fence and berm up to 6 feet high	In any required setback subject to applicable regulations in BIMC Title 15	Except as provided in BIMC 18.12.030.F.2, BIMC 18.12.040.B, and Chapter 16.12 BIMC
Nonscreening fences or combined nonscreening fence and berm up to 8 feet high	In any required setback subject to applicable regulations in BIMC Title 15	Except as provided in Chapter 16.12 BIMC
Chimneys, flues, awnings, bay windows, and greenhouse windows	Up to 18 inches into any required setback
Covered porches, bay windows and eaves within the Ericksen Avenue overlay district	Up to five feet into the front yard	Bay windows must be cantilevered outward from the wall, and may not result in any portion of the building floor area extending into the setback
Any structures, including but not limited to uncovered steps, porches, and decks less than or equal to 30 inches in height	Up to 2 feet into front and side setbacks. Up to 5 feet into required rear setbacks.
Eaves	May extend up to 24 inches in any required setback except shoreline structure setback
At or near grade structures such as uncovered patios, sidewalks, and driveways	In any required setback	May not exceed 4 inches in height
Signs	In any required setback	Must conform to Chapter 15.08 BIMC
Utilities accessory to a single-family residence	In any required setback
Composting bins	In side or rear setback areas
Rain garden/swales	In side or rear setbacks
Rainwater harvesting barrels	In side or rear setbacks
Wall-mounted on-demand hot water heaters	Up to 18 inches into side or rear setbacks	Permitted if buffered or enclosed to prevent noise impacts to neighboring properties
Below-ground geothermal equipment	In any required setback	Permitted if any excavated areas are promptly re-landscaped after installation is complete
Rockeries and retaining walls less than 4 feet in height	In any required setback	Qualified geotechnical engineer determination, and city concurrence, that it is necessary for slope stabilization
Permitted Height Modifications
Small wind energy generators	Up to 18 in. above the maximum building height in the district
Solar panels	Up to 18 in. above the maximum building height in the district
Noncommercial, nonparabolic antennas affixed to noncommercial communication towers	Up to 50 feet in height above grade
One flagpole per parcel	Up to 45 feet in height above grade
Utility poles	Up to 50 feet in height above grade
Utility structures existing on the effective date of the ordinance codified in this subsection	Existing height	May also be replaced or modified; provided, that the structure is not larger or taller than the original structure and is not moved more than 20 feet from its original location

B. Sight Clearance. No sight-obscuring fence or hedge 42 inches or higher than the grade of adjacent streets shall be permitted on corner lots in the setback area formed by a line from the lot corner at the street intersection along the front setback line 15 feet and side setback line 15 feet and a line connecting the two lot lines at the points 15 feet from the intersection corner.

(Ord. 2011-02 § 2 (Exh. A), 2011)

18.12.050 Rules of measurement.

The following rules of measurement shall apply in determining compliance with the requirements of this title. When a required calculation results in a fraction greater than or equal to one-half, the requirement shall be rounded up to the next whole number.

A. Base Density. The “base density” of a property means the density designated on the zoning map, exclusive of any density bonuses.

B. Building Footprint. “Building footprint” is the area at the ground plane of a building, structure, or other element, bounded by the outside of the exterior walls.

C. Building Height. Building height is measured as the vertical distance above “grade” to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building. The height measurement on an asymmetrical gable shall be the same as a shed roof; it shall be from grade to the midpoint of the longest segment; provided, that the asymmetrical building would not result in a taller building than a traditional symmetrical building. Building height is measured differently in the shoreline jurisdiction.

D. Density. “Density” means the number of dwelling units allowed in the lot area, not including accessory dwelling units. In zones that use floor area ratio (FAR) in place of units per acre, “density” means the maximum floor area allowed.

E. Fence Height. Fence height is measured from finished grade on the exterior side of the fence. Where fences are built on top of berms the maximum height of the fence shall apply to the combined fence and berm.

F. Floor Area. Floor area is measured as the total area of all floors within the exterior vertical walls of a building. If any room has a sloping ceiling, no portion of the room measuring less than five vertical feet from the finished floor to the finished ceiling shall be included in the computation of total area.

G. Floor Area Ratio (FAR). “Floor area ratio” is a figure that expresses the total floor area as a multiple of the lot area. This figure is determined by dividing the floor area of all buildings on a lot by the lot area prior to removal of lot area for dedication. Portions of parking located underneath a building footprint are not counted in floor area ratio calculations.

H. Front Setbacks. “Front setback” means a setback extending from a building, structure or use to the street or planned right-of-way.

I. Grade. “Grade” (adjacent ground elevation) is the computed average of the lowest and the highest points of elevation of the original surface of the ground, or existing paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. On waterfront parcels as defined in the shoreline master program, the definition of grade from the shoreline master programs shall be used (WAC 173-14-030(3)).

J. Lot Area. “Lot area” means the total horizontal area within the lot lines, excluding any area seaward of the line of the ordinary high water mark, and excluding private streets and lot area in panhandles or flag lots narrower than 30 feet.

K. Lot Coverage. “Lot coverage” means that portion of the total lot area covered by buildings, excluding up to 24 inches of eaves on each side of the building, any building or portion of building located below predevelopment and finished grade. Any portion of a slatted or solid deck located more than five feet above grade shall be counted towards lot coverage. Also excluded are ground-mounted accessory small wind energy generators, solar panels, composting bins, rainwater harvesting barrels, and covers designed to shade ground-mounted heat pumps and air conditioners to increase their efficiency.

L. Lot Depth. “Lot depth” means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.

M. Lot Width. “Lot width” means the diameter of the biggest circle that can fit entirely inside the lot boundary line.

N. Rear Setback. “Rear setback” means a setback extending from a building, structure or use to the rear lot line. If a property has more than one front yard, then rear setback does not apply. In the shoreline jurisdiction, rear setback does not apply since native vegetation zone requirements exceed rear setback requirements.

O. Setback. “Setback” means the required distance measured horizontally between every building, structure or use and the lot lines, planned rights-of-way, rights-of-way or streets.

P. Side Setback. “Side setback” means a setback extending from a building, structure or use to the side lot line. When a parcel has two or more front setbacks, the remaining setbacks are to be considered side setbacks. If a property is bordered on three or more sides by streets, the minimum setback on the remaining side is the minimum setback required for that zone district. If the property is bordered on two sides by streets, the two remaining sides shall meet the minimum and total side setbacks. When a setback for an existing structure is smaller than the minimum required, the minimum for the second side setback does not need to make up the difference – the second side setback need only be as large as if the nonconforming side yard met its minimum requirement.

Q. Shoreline Structure Setback. “Shoreline structure setback” is measured as the shortest distance measured on a horizontal plane between the ordinary high water mark and the principal building at the point of the building nearest the water (including eaves), excluding structures less than 30 inches in height that are attached to the principal building. All shoreline setbacks shall conform to the provisions of BIMC 18.12.030.F.

R. Structure Height. “Structure height” is measured at the highest point above grade of a structure other than a building, except as otherwise provided by this code.

S. Through Lots – Accessory Building Setbacks. In through lots, setbacks for accessory buildings in rear setbacks shall conform to the front setback requirements for a principal building. Decks less than 36 inches in height extending into required rear and side setbacks may be attached to the principal building. (Ord. 2011-02 § 2 (Exh. A), 2011)