|
|
Title 15
BUILDINGS AND CONSTRUCTIONChapters:
15.04 Building Code
15.05 Fire Safety Requirements for Designated Multifamily Residential Buildings
15.08 Sign Code
15.12 Construction Work Affecting City Utilities
15.16 Flood Damage Prevention
15.18 Land Clearing
15.20 Surface and Storm Water Management
15.21 Storm Water Facilities Maintenance Program
15.24 Hazardous Materials Facility Warning System
15.28 Development Impact on, and Impact Fee Schedule for, Public School Facilities
15.32 Transportation Concurrency
15.34 Outdoor Lighting on Public and Private Property
15.36 Undergrounding of Utilities
15.40 Traffic Studies for Development
Chapter 15.04
BUILDING CODESections:
15.04.010 Title.
15.04.015 Repealed.
15.04.020 Codes adopted by reference.
15.04.021 Design requirements.
15.04.023 International Building Code, Section 104.6 and International Residential Code, Section R104.6 amended – International Building Code, Section 113 and International Residential Code, Section R113 amended – International Building Code, Section 114 and International Residential Code, Section R114 amended.
15.04.026 Section 204 deleted.
15.04.030 Violations – Enforcement and penalty.
15.04.040 Uniform Building Code – Section 106.4 amended – Permits issuance.
15.04.050 International Building Code, Section 108.2 and International Residential Code, Section R108.2 amended – Fees.
15.04.060 Repealed.
15.04.080 Repealed.
15.04.090 Fire protection systems.
15.04.095 Fire lanes.
15.04.100 Fee schedule – Installation of solid fuel burning appliances.
15.04.110 Repealed.
15.04.120 Administrative variance – Compliance with Americans with Disabilities Act.
15.04.130 Appeals.
15.04.010 Title.
This chapter and amendments hereto shall constitute the “city building code” of the city and may be cited as such. (Ord. 89-22 § 1, 1989: Ord. 86-14 § 1, 1986: Ord. 79-28 § 1, 1979)
15.04.015 Definitions.
Repealed by Ord. 2003-22. (Ord. 96-12 § 1, 1996; Ord. 95-02 § 2, 1995)
15.04.020 Codes adopted by reference.
The following codes are adopted by reference subject to the amendments set forth in BIMC 15.04.021 through 15.04.050 and Resolution 99-31:
A. The International Building Code, 2006 Edition, published by the International Code Council, and as amended as set forth in Chapter 51-50 WAC, and adopted by the State Building Code Council, in addition to the following appendices: Appendix J, “Grading”;
B. The International Residential Code, 2006 Edition, published by the International Code Council, and as amended as set forth in Chapter 51-51 WAC, and adopted by the State Building Code Council;
C. The Uniform Plumbing Code, 2006 Edition, including Appendix C, as published by the International Association of Plumbing and Mechanical Officials, as amended and adopted by the State Building Code Council, together with Appendix Chapters A, “Recommended Rules for Sizing the Water,” Appendix B, “Explanatory Notes on Combination Waste and Vent Systems,” Appendix I, “Installation Standards,” Appendix H, “Grease Interceptors,” and excluding Chapter 1, “Administration”;
D. The International Mechanical Code, 2006 Edition, published by the International Code Council, and as amended as set forth in Chapter 51-52 WAC, and adopted by the State Building Code Council, except that the standards for handling liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code) and excluding Chapter 1, “Administration”;
E. The International Fire Code, 2006 Edition, published by the International Code Council, and as amended as set forth in Chapter 51-54 WAC, and adopted by the State Building Code Council, with the addition of the following appendices: Appendix B (Fire Flow Requirements) except that Section B105.1 of Appendix B relating to one- and two-family dwellings is replaced by flexible residential fire flow requirements as set forth in BIMC 13.10.065, Appendix C (Fire Hydrant Locations and Distribution), Appendix E (Hazard Categories), Appendix F (Hazard Ranking), and Appendix G (Cryogenic Fluids – Weight and Volume Equivalents);
F. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, as published by the International Conference of Building Officials;
G. The Washington State Energy Code, 2006 Edition, as amended as set forth in Chapter 51-11 WAC, and adopted by the State Building Code Council;
H. The Washington State Ventilation and Indoor Air Quality Code, 2006 Edition, as amended as set forth in Chapter 51-13 WAC, and as adopted by the State Building Code Council;
I. The 1997 Edition of the Uniform Administrative Code, as published by the International Conference of Building Officials;
J. The International Fuel Gas Code, 2006 Edition, as published by the International Code Council.
In case of conflict among codes adopted in subsections A, B, C, D, E, F, G, H, I, and J of this section, the codes adopted in subsections A and B of this section shall govern over those adopted in subsections C, D, E, F, G, H, I, and J of this section. (Ord. 2007-17 § 1, 2007: Ord. 2004-14 § 1, 2004: Ord. 98-30 § 2, 1998; Ord. 96-12 § 3, 1996; Ord. 93-20 § 1, 1993: Ord. 91-17 § 1, 1991; Ord. 89-46 § 1, 1989; Ord. 89-22 § 2, 1989; Ord. 87-27 § 1, 1987; Ord. 86-17 §§ 1, 2, 1986; Ord. 86-14 § 2, 1986: Ord. 86-06 § 1, 1986; Ord. 84-02 § 1, 1984: Ord. 81-07 § 1, 1981: Ord. 79-28 § 2, 1979)
15.04.021 Design requirements.
IRC Table R301.2(1) is amended by filling in the blanks of the table as follows:
Ground Snow Load: 25 psf
Wind Speed: 85 mph
Seismic Category: D2
Weathering: Moderate
Frost Line Depth: 18 inches
Termite: Slight to Moderate
Decay: Slight to Moderate
Winter Design Temp: 27 degrees F
Ice Shield Underlayment Required: No
Flood Hazards: Per BIMC 15.16
Air Freezing Index: 113
Mean Annual Temp: 53 degrees F
(Ord. 2007-17 § 2, 2007: Ord. 2004-14 § 2, 2004)
15.04.023 International Building Code, Section 104.6 and International Residential Code, Section R104.6 amended – International Building Code, Section 113 and International Residential Code, Section R113 amended – International Building Code, Section 114 and International Residential Code, Section R114 amended.
Section 104.6 Right of Entry. The right of entry for the building official shall be as set forth in BIMC 1.26.020.
Section R104.6 Right of Entry. The right of entry for the building official shall be as set forth in BIMC 1.26.020.
Section 113 Violations. The building official may order discontinuance or vacation of a use, structure, building or equipment in accordance with Chapter 1.26 BIMC.
Section R113 Violations. The building official may order discontinuance or vacation of a use, structure, building or equipment in accordance with Chapter 1.26 BIMC.
Section 114 Stop Orders. The building official may order work stopped in accordance with Chapter 1.26 BIMC.
Section R114 Stop Orders. The building official may order work stopped in accordance with Chapter 1.26 BIMC.
(Ord. 2004-14 § 3, 2004; Ord. 96-12 § 2, 1996)
15.04.026 Section 204 deleted.
Section 204 of the Uniform Building Code adopted in BIMC 15.04.020 is repealed. (Ord. 95-02 § 3, 1995)
15.04.030 Violations – Enforcement and penalty.
A. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the city building code.
B. It is unlawful for any person to remove or deface any sign, notice, complaint or order required by or posted in accordance with the city building code.
C. It is unlawful to misrepresent any material fact in any application, plans or other information submitted to obtain any permits or authorizations under the city building code.
D. Civil Infraction. Except as provided in subsection E of this section, conduct made unlawful by the city building code shall constitute a civil infraction and is subject to enforcement and fines as provided in BIMC 1.26.035, including payment of a fine of not more than $500.00 per violation for each day of noncompliance and payment of court costs. A civil infraction under this section shall be processed in the manner set forth in Chapter 1.26 BIMC.
E. Misdemeanor. Any person who again violates this section within 12 months after receiving a notice of infraction pursuant to subsection A of this section commits a misdemeanor and any person who is convicted thereof shall be punished as provided in BIMC 1.24.010.A.
F. Civil Penalty. 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 the city building code 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.
G. Additional Remedies. In addition to any other remedy provided by this chapter or under the Bainbridge Island Municipal Code, 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 chapter 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 the city building code shall be liable for the costs and reasonable attorneys’ fees incurred by the city in bringing, maintaining and/or prosecuting such action.
H. In the event and to the extent the language of this section conflicts with language of the codes and/or appendices adopted by reference in BIMC 15.04.020, the language of this section shall prevail over the language it conflicts with in any said code and/or appendix. (Ord. 2007-17 § 3, 2007: Ord. 2004-14 § 4, 2004: Ord. 98-05 § 1, 1998; Ord. 96-12 § 4, 1996; Ord. 95-02 § 4, 1995; Ord. 89-22 § 3, 1989; Ord. 86-14 § 3, 1986; Ord. 84-02 § 2, 1984: Ord. 81-18 § 1, 1981: Ord. 79-28 § 3(A), 1979)
15.04.040 Uniform Building Code – Section 106.4 amended – Permits issuance.
A. Permit Required.
1. Issuance Procedure. The application, plans and specifications and other data filed by an applicant for a permit shall be checked by the building official or his/her designee for a determination of completeness. The building permit application shall be considered complete only after:
a. The determination that the official application form is complete.
b. The plans submitted are adequate to evaluate the proposed project.
c. The plan check fees have been paid by the applicant.
The complete application and building plans shall be reviewed by the building official for compliance with codes adopted by this chapter and other pertinent laws and ordinances in effect in the city of Bainbridge Island. When the building official is satisfied that the work as described in the application satisfies the requirements of this code and conforms to other pertinent laws and ordinances, the applicant will be required to pay the calculated building permit fee. A building permit shall then be issued to the applicant for the work described.
2. Compliance with Approved Plans and Permits. When the building official issues a permit, he/she shall endorse the permit in writing or stamp the plans “APPROVED.” Such approved plans and permit shall not be changed, modified or altered without authorization from the building official, and all work shall be done in accordance with the approved plans and permit except as the building official may require during field inspection to correct errors or omissions.
3. Permits for Part of a Project. The building official may issue a permit after payment of the required fee for the construction of part of a project before complete plans for the whole project have been submitted or approved; provided, that the proposed project complies with the State Environmental Policy Act and the zoning ordinance (including site plan review); and provided further, that adequate information and plans have been filed and checked to assure compliance with all requirements of this and other pertinent codes.
4. Amendments to the Permit. When substitutions and changes are made during construction, approval shall be secured prior to execution. Substitutions, changes and clarifications shall be shown on two sets of plans which shall be submitted to and approved by the building official, accompanied by redesign fees, prior to occupancy.
5. Cancellation of Permit Application. If a permit is not issued after a period of six months from the date of approval for issuance or date of notification of required corrections, the applicant shall be notified in writing that the permit application will be canceled after one month. After that time, the site shall be inspected to verify that no work has taken place. The application shall be canceled and it and any accompanying plans and specifications destroyed and the portion of the fee paid forfeited. Upon written request of the applicant, prior to cancellation, the building official may extend the life of the permit application for a period not to exceed six months, with no other extensions possible; except that applications may be further extended by the building official where permit issuance is delayed by litigation, appeals or similar problems. Application forms and plans for such canceled permit applications shall not be retained by the city. Any application for a permit for the same structure and/or site for which the original permit was canceled shall be considered a new application requiring a new application and submittal of a new complete set of plans, recalculations of the fees by the building official and payment of the full fee. All ordinances in effect at the time of the filing of the new completed application shall be complied with.
B. Retention of Plans for Work Under Construction. One set of approved plans shall be retained by the building official for a period of 90 days from the date of the final inspection and one set of approved plans shall be returned to the applicant, which set shall be kept on such building or work site at all times during which the work authorized is in progress for use by the building inspector.
C. Validity. The issuance or granting of a permit or approval of plans shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of this jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid.
The issuance of a permit based upon plans shall not prevent the building official from thereafter requiring the correction of errors in said plans, specifications or other data, or from preventing building operations being carried on thereunder when in violation of this code or of any other ordinances of the city.
The issuance of a building permit shall not prevent the building official from requiring correction of conditions found to be in violation of this code or any ordinance of the city, nor shall the period of time for which any such permit is issued by construed to intend or otherwise affect any period of time for compliance specified in any notice or order issued by the building official or other administrative authority requiring the correction of any such condition.
D. Expiration.
1. Permits and Renewals Where Work is Progressing. Permits shall expire one year from the date that the original permit was issued, except if specifically noted otherwise on the permit. Permits for major construction projects that require more than one year to complete may be issued for a length of time that provides a reasonable time to complete the work, however, in no case to exceed three years. Permits may be renewed and renewed permits may be further renewed by the building official upon application within the 30-day period immediately preceding the date of expiration thereof; provided, that the building official determines that the work permitted has been started and is progressing. If commencement or completion of the work is delayed by litigation, appeals, strikes or other causes beyond the permittee’s control, the expiration date will be extended the number of days the work was delayed by such causes. A new permit will be applied for where a permit has expired.
2. Permits and Renewals Where Work is Not Commenced or is Suspended. Permits and renewed permits shall expire 180 days from the date that the original permit or renewed permit was issued if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Permits may be renewed one time for such cases by the building official upon application within the 30-day period preceding expiration of the permit. A new permit will be applied for where a period has expired.
3. Application Process for New Permits and Renewals of Permits. A new permit shall be applied for where a permit has expired. A new application form and complete plans must be filed and a new fee shall be calculated by the building official and paid by the applicant. All ordinances in effect at the time of filing of a completed application shall be complied with. A permit may be renewed under the conditions set forth in this section upon written application for renewal. A renewal fee amounting to one-half the original fee shall be paid by the applicant before the renewal permit is issued.
4. Suspension or Revocation. The building official shall, by written order, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any provisions of this code. The building official may also suspend a permit in whole or in part and stop work pursuant to said permit whenever an appeal from the action of the building official issuing or renewing said permit has been filed pursuant to this chapter or other ordinance of the city of Bainbridge Island. (Ord. 2001-41 § 3, 2001; Ord. 96-12 § 5, 1996; Ord. 89-22 § 3, 1989; Ord. 86-14 § 3, 1986; Ord. 84-02 § 2, 1984: Ord. 81-30 § 1, 1981: Ord. 81-18 § 1, 1981: Ord. 79-28 § 3(B), 1979)
15.04.050 International Building Code, Section 108.2 and International Residential Code, Section R108.2 amended – Fees.
A. Permit Fees. The fee for each permit shall be calculated from the 1997 Uniform Administrative Code, which is adopted by reference, and using the most current building valuation data supplied by the International Code Council times a factor of 1.41. When building valuation data is updated by the International Code Council, the city’s fees shall be adjusted as of the first of the month at least 30 days after release of the updated figures from the International Code Council. The calculated fees may be reduced by a percentage discount as determined by resolution of the city council. In no case shall the fees charged for building permits exceed the cost to the city of the building permit regulatory function.
B. Plan Review Fees. When a plan or other data is required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be 65 percent of the building permit fee calculated in subsection A of this section. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged.
C. Investigation Fees – Work Without a Permit. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether a permit is then or subsequently issued. The investigation fee shall be based on the actual time spent on the investigation. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter or from any penalty prescribed by law.
D. Renewal Fees. Fees for renewals shall be one-half the amount required for a new permit for the work. Such fee may be waived by the building official following written request for same upon showing that circumstances beyond the control of the applicant prevented work from commencing or action from being taken.
E. Fee Refunds.
1. The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.
2. The building official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
3. The building official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.
F. Planning Review of Building Permits. When a plan or other data is required to be reviewed for conformity with the environmental or zoning chapters of the Bainbridge Island Municipal Code, a review fee shall be charged in the amount established by the city by resolution. Where plans are incomplete or changed so as to require additional environmental or zoning review, an additional review fee shall be charged. (Ord. 2007-08 § 1, 2007; Ord. 2006-25 § 1, 2006; Ord. 2005-38 §§ 1, 2, 2005; Ord. 2004-14 § 5, 2004: Ord. 97-10 § 4, 1997; Ord. 96-12 § 7, 1996; Ord. 89-22 § 3, 1989; Ord. 86-14 § 3, 1986; Ord. 84-02 § 2, 1984: Ord. 81-18 § 1, 1981: Ord. 79-28 § 3(C), 1979)
15.04.060 Uniform Building Code – Section 204-C (#5) amended – City defined.
Repealed by Ord. 2003-22. (Ord. 96-12 § 8, 1996; Ord. 89-22 § 3, 1989; Ord. 86-14 § 3, 1986; Ord. 84-02 § 2, 1984: Ord. 81-18 § 1, 1981: Ord. 79-28 § 3(D), 1979)
15.04.080 Uniform Plumbing Code – Schedule of fees amended.
Repealed by Ord. 96-12.
15.04.090 Fire protection systems.
Buildings within the city used for assembly, educational, industrial, institutional, mercantile, storage, office and multifamily dwelling purposes shall be equipped with fire protection systems. The plans for all such systems must be approved in advance of construction by the city building official or the Washington State Survey and Ratings Bureau. All sprinkler systems must meet the following minimum requirements:
A. Sprinkler Systems Required.
1. A fully automatic sprinkler system designed, installed and tested pursuant to NFPA No. 13 (current edition) shall be installed in all new buildings in excess of 5,000 square feet total floor area.
2. A fully automatic sprinkler system meeting the standards set forth in subsection A.1 of this section may be required by the chief of the fire district for any new building in the city, when, in the judgment of the chief or officer, any of the following conditions exist: hazardous operations, hazardous contents, critical exposure problems, limited accessibility to the buildings, or other items which may contribute to definite fire hazards.
3. All sprinkler systems installed after the effective date of the ordinance codified in this subsection shall be equipped with a leak detector meter which includes a double check valve assembly.
B. Standpipes Required. A standpipe system designed, installed and tested pursuant to NFPA No. 14 (current edition) shall be installed in all new buildings in excess of 10,000 square feet total floor area.
C. Conflicts. In the event that any provision of this section conflicts with any provision of the Uniform Building Code or the Uniform Fire Code as adopted by the city, the more stringent (greatest protection) provision shall apply.
D. Exceptions. The chief of the fire district and the city building official shall have the authority to grant exceptions to the provisions of this section. All such exceptions must be in writing and shall be granted only where the required sprinkler system or hose station would create a safety hazard or cause damage to the building’s contents.
E. Existing Buildings.
1. Existing fully sprinklered buildings, when remodeled or added onto, shall retain the feature of being sprinklered in the remodeled or added on portion.
2. If, by expanding an existing building, the resulting total structure falls within the coverage of subsection A of this section, the entire structure shall be fully sprinklered as required in subsection A.1 or A.2 of this section, whichever may apply.
3. If a building permit is required in the remodeling of an existing structure of 5,000 or more square feet total floor area, the entire structure shall be fully sprinklered as required in subsection A.1 or A.2 of this section, whichever may apply. (Ord. 96-12 § 10, 1996; Ord. 90-02 §§ 1, 2, 1990; Ord. 89-14 § 4, 1989; Ord. 88-18 § 1, 1988; Ord. 86-17 § 3, 1986)
15.04.095 Fire lanes.
A. Dimensions. A fire lane shall have an unobstructed width of not less than 20 feet with an approved turning radius and unobstructed vertical clearance of not less than 13 feet, six inches, unless otherwise approved by the fire marshal.
Exceptions:
1. Vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance.
2. The width may be reduced in residential areas consisting of only single-family homes, providing the width is consistent with public works street standards.
B. Marking. When required by both the fire marshal and city engineer, approved signs and other markings shall be provided in designated locations and maintained to prohibit the obstruction thereof. The property owner(s) of the designated fire lane shall have sole responsibility to install and maintain the required signs and markings. Failure to install or maintain signs and markings may result in civil penalties in accordance with Chapter 1.24 BIMC. Signs shall be 12 inches by 18 inches in size with white background and red lettering, securely attached to a fixed object or post. Signs shall be placed not less than four feet nor more than six feet above grade level and read “No Parking Fire Lane – Tow Away Zone.” Where curbs exist or are placed along the edge of designated fire lanes they shall be painted red on the sides and top with white lettering not less than four inches high at 30-foot intervals and read “No Parking Fire Lane – Tow Away Zone.”
C. Surface. The design and maintenance of fire lanes shall support the imposed loads of fire apparatus and shall be provided with a surface as required by public works engineering.
D. Dead-Ends. Fire lanes in excess of 150 feet shall be provided with an approved turnaround.
E. Grade. The maximum grade allowed is 12 percent, except grades of up to 15 percent are allowed if a paved driving surface is provided.
F. Security Gates. When security gates are installed, the fire marshal is authorized to require the responsible person(s) to provide a method of access approved by the fire department. (Ord. 2000-23 § 3, 2000)
15.04.100 Fee schedule – Installation of solid fuel burning appliances.
The city shall charge an appropriate fee for processing and issuing a permit for, or for inspecting, a wood stove or other solid fuel burning appliance in the amount established by the city by resolution. (Ord. 92-24 § 9, 1992: Ord. 87-27 § 2, 1987)
15.04.110 Burning permits.
Repealed by Ord. 2000-27. (Ord. 96-12 § 11, 1996; Ord. 89-63 §§ 2 – 6, 8, 1989: Ord. 89-16 § 1, 1989: Ord. 89-05, 1989)
15.04.120 Administrative variance – Compliance with Americans with Disabilities Act.
A. Application. A property owner may apply for an administrative variance from building setback requirements set forth in this code if the variance is requested solely for the purpose of complying with the Federal Americans with Disabilities Act and any amendments thereto. Administrative variance applicants shall not be required to comply with the procedures for obtaining a variance set forth in Chapter 18.111 BIMC.
B. Procedures. The application shall be filed with the department of planning and community development on a form prescribed by the department. The director of planning and community development shall review the application and approve, approve with conditions or disapprove the application pursuant to BIMC 2.16.095.
C. Decision Criteria. The director of planning and community development may approve or approve with conditions an application for an administrative variance if:
1. The administrative variance is requested for the purpose of obtaining relief from building setback requirements set forth in this code;
2. The need for the administrative variance has not arisen from actions taken or proposed by the applicant;
3. The administrative variance is the minimum necessary to fulfill the need of the applicant;
4. The administrative variance is consistent with the purpose and intent of this code and in accordance with the city’s comprehensive plan; and
5. The administrative variance is necessary for the property to comply with the Federal Americans with Disabilities Act and any amendments thereto.
D. Expiration. An administrative variance automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date of the administrative variance unless:
1. The applicant has received an extension for the administrative variance; or
2. The administrative variance approval provides for a greater time period.
E. Extension. The director of planning and community development may grant one extension to the administrative variance for period not exceed one year if:
1. Unforeseen circumstances or conditions necessitate the extension of the administrative variance;
2. Termination of the administrative variance would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and
3. The extension request is received by the department of planning and community development no later than 30 days prior to the expiration of the administrative variance. (Ord. 96-12 § 12, 1996; Ord. 93-22 § 1, 1993)
15.04.130 Appeals.
A. General. Except for civil infractions, misdemeanors and civil penalties imposed pursuant to BIMC 15.04.030, the hearing examiner shall hear and decide appeals of orders, decisions and/or determinations made by the building official and/or director of planning and community development relative to the application and interpretation of the city building code.
B. Limitations on Authority. An application for appeal shall be based on a claim that the true intent of the city building code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the city building code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive requirements of the city building code.
C. In the event and to the extent the language of this section conflicts with language of the codes and/or appendices adopted by reference in BIMC 15.04.020, the language of this section shall prevail over the language it conflicts with in any said code and/or appendix. (Ord. 2007-17 § 4, 2007)
Chapter 15.05
FIRE SAFETY REQUIREMENTS FOR DESIGNATED MULTIFAMILY RESIDENTIAL BUILDINGSSections:
15.05.010 Purpose and scope.
15.05.020 Definitions.
15.05.030 Smoke detectors.
15.05.040 Floor plans.
15.05.050 Emergency evacuation plan.
15.05.060 Fire safety training.
15.05.070 Annual fire inspection.
15.05.080 Fire alarm systems.
15.05.090 Fire sprinkler systems.
15.05.100 Enforcement.
15.05.110 Appeals.
15.05.010 Purpose and scope.
The provisions in this chapter are intended to enhance the fire and life safety protection of the general public. This chapter applies to designated buildings classified as R-1 Occupancies with five or more dwelling units, and without automatic fire sprinkler protection. (Ord. 2000-20 § 1, 2000)
15.05.020 Definitions.
For the purposes of this chapter, the following definitions apply:
A. Repealed by Ord. 2003-22.
B. “Uniform Fire Code” means the current fire code adopted by the city as mandated by action of the State Legislature.
C. “Uniform Building Code” means the current building code adopted by the city as mandated by action of the State Legislature.
D. “Approved” means approved by the fire marshal of the fire department or designee, unless otherwise specified.
E. “Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the 1997 Uniform Building Code, for not more than one family, or a congregate residence which accommodates 10 or fewer persons.
F. “Targeted building” means a residential multifamily building classified as an R-1 Occupancy, as defined by the Uniform Building Code, with five or more dwelling units and without automatic fire sprinkler protection.
G. “Higher risk building” means a targeted building without automatic fire sprinkler protection, three or more stories in height, with interior exit corridors or exterior exit balconies. A listing of higher risk buildings is attached to the ordinance codified in this chapter; provided, that the fire marshal may add other buildings to the list based on this definition and new information gathered in the process of implementing this chapter.
H. “Lower risk building” means a targeted building without automatic fire sprinkler protection, less than three stories in height, including some three or four story buildings with existing fire alarm systems, partial sprinkler systems, or other building construction feature that enhances life safety in the event of a fire such as noncombustible construction or rated wall separations. A listing of the lower risk buildings is attached to the ordinance codified in this chapter; provided, that the fire marshal may add other buildings to the list based on this definition and new information gathered in the process of implementing this chapter. “Fire department” means the Bainbridge Island fire department.
I. “Fire safety committee” means a group of community representatives appointed by the mayor to review the fire and life safety risks in older multifamily residential buildings.
J. “Stories” means floor levels in a building, not including basements, providing this level does not qualify as a first story as defined by Section 220 of the Uniform Building Code.
K. “R-1 building” means a building with an occupancy classification of Group R, Division 1 as defined in the Uniform Building Code which is a hotel, apartment building or congregate residence, including condominiums.
L. “Owner” means the owner of record of an R-1 building, which includes homeowner associations.
M. “Approved monitored fire alarm system” means approved by the fire marshal with a U.L. listed central station monitoring company. (Ord. 2003-22 § 20, 2003; Ord. 2000-20 § 1, 2000)
15.05.030 Smoke detectors.
Smoke detectors shall be installed in all targeted buildings not later than one year from the effective date of the ordinance codified in this chapter. The owner shall be responsible for the installation of listed smoke detectors in each dwelling unit. The detectors shall be located in accordance with Section 310.9.1.4 of the 1997 Edition of the Uniform Building Code. Such devices shall be the photoelectric type detectors and may be battery-powered. Existing smoke detectors are approved, providing they are correctly located and operating properly. Existing detectors over 10 years old shall be replaced by the owner. The owner shall certify to the fire marshal, using approved forms, that the devices have been installed, as required, and are operating properly. (Ord. 2000-20 § 1, 2000)
15.05.040 Floor plans.
The owner shall provide building floor plans to the fire marshal to assist with the fire department’s pre-fire planning. The floor plans shall be in a format approved by the fire department. (Ord. 2000-20 § 1, 2000)
15.05.050 Emergency evacuation plan.
A. An emergency evacuation plan must be posted in all targeted buildings with interior common corridors and stairways.
B. The fire department will work with the owners by providing guidelines for developing approved emergency evacuation plans. All plans shall be submitted and approved by the fire department prior to posting.
C. Building owners shall be responsible for posting the approved emergency evacuation plans in common areas of the buildings.
D. Emergency evacuation plans shall be reviewed and updated annually by owners. Revised plans shall be submitted to the fire department for review and approval. (Ord. 2000-20 § 1, 2000)
15.05.060 Fire safety training.
The fire department will develop and offer training and/or information for building owners and tenants regarding fire and life safety protection. Emphasis will be placed on prevention and safe evacuation. (Ord. 2000-20 § 1, 2000)
15.05.070 Annual fire inspection.
A. All targeted buildings shall be inspected annually for compliance with provisions of the Uniform Fire Code. The inspections will include all common corridors, stairways, public areas and emergency access areas. The inspections will not include individual dwelling units. The fire department, acting as the city’s agent, shall be responsible for completing the inspections.
B. The fire marshal has the authority to redesignate a targeted building from a higher risk building to a lower risk building based on relevant information collected during an inspection. (Ord. 2005-22 § 1, 2005: Ord. 2000-20 § 1, 2000)
15.05.080 Fire alarm systems.
A. The owner(s) shall install an approved monitored fire alarm system in all higher risk buildings with common interior corridors and stairways. The fire alarm system shall consist of smoke detectors in the corridors, a heat detector and audible devices in dwelling units and manual pull stations at each exit on all levels. The alarm systems shall be installed and operational not later than three years from the effective date of the ordinance codified in this chapter. If an alarm system has not been installed within 30 months from the effective date, a letter from the owner shall be sent to the fire department indicating a specific date the system will be installed and operating. Plans and specifications shall be submitted through the building department for fire department approval prior to installation. The city shall waive permit fees for alarm systems installed in compliance with this chapter;
B. The owner(s) shall install an approved monitored fire alarm system in all higher risk buildings with direct exiting to exterior balconies or stairways. The fire alarm system shall consist of audible devices in dwelling units and manual pull stations at each exit on all levels (heat detectors are optional). The alarm system shall be installed and operational not later than three years from the effective date of the ordinance codified in this chapter. If an alarm system has not been installed within 30 months from the effective date, a letter from the owner shall be sent to the fire department indicating a specific date when the system will be installed; and
C. Fire alarm systems are not required in lower risk buildings but may be installed on a voluntary basis. The city shall waive the permit fees for alarm systems installed in compliance with this chapter. (Ord. 2000-20 § 1, 2000)
15.05.090 Fire sprinkler systems.
Automatic fire sprinkler systems are not required in any targeted building but may be installed on a voluntary basis. The city shall waive the permit fees for fire sprinkler systems installed in compliance with this chapter. (Ord. 2000-20 § 1, 2000)
15.05.100 Enforcement.
The fire department, acting as the city’s agent, is authorized to enforce the provisions of this chapter to the point of noncompliance, at which time, it shall be submitted to the city code enforcement officer, who shall proceed with enforcement as outlined in Chapter 1.26 BIMC. (Ord. 2000-20 § 1, 2000)
15.05.110 Appeals.
A board of appeals shall be established consistent with Section 105 of the Uniform Building Code except the fire marshal or designated fire department representative shall also be added as a member of the board. The board of appeals shall be utilized to determine the suitability of alternate materials and/or methods and provide for reasonable interpretations of the provisions of this chapter. The Fire Safety Committee Report dated March 10, 2000, was used as a basis for development of this chapter and shall be used as a guideline for any interpretations. The building official and fire marshal shall be notified of all appeals under this section. (Ord. 2000-20 § 1, 2000)
Chapter 15.08
SIGN CODESections:
15.08.010 Purpose.
15.08.020 Definitions.
15.08.030 Signs not requiring a permit.
15.08.040 Prohibited signs.
15.08.050 Nonconforming signs.
15.08.060 Measurement of sign area.
15.08.070 Height of sign.
15.08.080 General regulations.
15.08.090 Commercial use signs.
15.08.095 Political signs.
15.08.100 Institutional or public use signs.
15.08.110 Residential use signs.
15.08.115 Freestanding or sandwich board signs.
15.08.120 Permits required.
15.08.130 Permit fees.
15.08.140 Sign variance.
15.08.150 Enforcement and penalties.
15.08.010 Purpose.
The purpose of this chapter is as follows:
A. To promote and protect the public welfare, health and safety.
B. To encourage the installation of signs which harmonize with building design, natural settings and other geographical characteristics of the locations in which they are erected.
C. To create a more attractive economic and business climate.
D. To reduce distractions and obstructions from signs which would adversely affect traffic safety and reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way. (Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)
15.08.020 Definitions.
A. “Agricultural products sign” means a sign advertising seasonal produce.
B. “Alteration” means any change of a sign, other than changeable copy as defined in this section.
C. “Awning and marquee sign” means a sign attached to a face or shelter, which face or shelter extends (12 inches or more) in a direction perpendicular to the wall of the building and may be supported by posts or the exterior wall of the building or any combination thereof.
D. “Banner” means a sign of flexible material designed to be displayed between two supports or against another surface.
E. “Banneret” means a small banner that is hung vertically from a freestanding support, i.e., curbside bannerets on light standards and bannerets in public squares.
F. “Bulletin board” means a surface designed for the affixing of temporary handbills, notices, posters or other similar items.
G. “Changeable copy” means but is not limited to that portion of sign copy consisting of individual interchangeable letters and numbers which may be rearranged to spell new words and to form new numbers on the sign face, without reworking, repainting, or otherwise altering the physical composition of the sign, for the primary objective of displaying frequently changing copy.
H. “Construction sign” means a temporary sign erected for the purpose of announcing future building plans and identifying the owner, architect, engineer, building contractor and/or other persons responsible for the development of the site.
I. “Cultural, historical or architecturally significant sign” means a sign with unique local characteristics which may not fit other defined categories.
J. “Director” means the city’s director of planning and community development.
K. “Erect” means to build, construct, raise, assemble, create, alter, display, relocate, attach, hang, place, suspend, affix, paint, draw, engrave, carve, cast, or in any other way bring into being or establish, other than to replace changeable copy and other than in the course of normal sign maintenance as described in this chapter.
L. “Facade sign” means any sign which is erected (including painted) on the wall of a building or other structure, whose face is generally parallel to that wall or other structure and whose face does not extend outward more than 12 inches in a direction perpendicular to that wall or other structure.
M. “Facade” means the wall of a building or other structure whose face is generally parallel to that wall or other structure.
N. “Freestanding sign” means a sign supported by one or more uprights, poles or braces in or on the ground, and not supported by a building.
O. “Grade.” See BIMC 18.06.430.
P. “Neon sign” means a sign illuminated in whole or part by gaseous tubes electrified by a current.
Q. “NSC” means neighborhood service centers.
R. “Political sign” means a sign advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue to be decided by ballot.
S. “Primary entrance” means the principal or main entrance of a building or structure which is used by the majority of patrons to access the building or structure.
T. “Projecting/hanging sign” means a sign, which is attached to or supported by a wall or suspended from the overhang of a building or other structure.
U. “Public right-of-way sign” means a sign in the public right-of-way.
V. “Repair” means the reconstruction or renewal of any part of an existing sign for the purpose of its maintenance.
W. “Sandwich board sign” means a sign which consists of two panels hinged or attached at the top or side, designed to be movable and stand on the ground.
X. “Sign” means any letter, figure, design, symbol, trademark or other device which is intended to attract attention to any activity, service, place, political office, subject, firm, corporation or merchandise, except traffic signs or signals, public or court notices, signs not visible from the public right-of-way or adjacent properties, signs on moving vehicles, newspapers, leaflets or other printed materials intended for individual use or individual distribution to members of the public, government flags, flags and buntings exhibited to commemorate national patriotic holidays.
Y. “Street frontage” means that portion of any lot or building facing a street or sidewalk and with direct access to that street or sidewalk.
Z. “Two-sided” means a sign where only one face is visible from any viewing position.
AA. “Window sign” means a sign placed inside a building within 15 feet of the window or on a window and visible from the outside. This term does not include merchandise. (Ord. 2005-23 § 1, 2005: Ord. 2001-40 § 1, 2001: Ord. 98-53 § 1, 1999; Ord. 96-32 § 1, 1996; Ord. 95-14 § 1, 1995; Ord. 94-29 § 19, 1995; Ord. 93-01 § 1, 1993)
15.08.030 Signs not requiring a permit.
The following signs shall not require a permit:
A. Signs erected or posted and maintained for public safety and welfare or pursuant to any law or regulation;
B. Bulletin boards, either one or two sided, with no face exceeding 20 square feet in display area, associated with any church, museum, library, school, or similar use; provided, that the top of such signs shall be less than eight feet high and such signs shall meet all other provisions of this chapter;
C. Directional signs solely indicating ingress or egress, the display area not exceeding three square feet;
D. Signs relating to trespassing and hunting, not exceeding two square feet of area;
E. Signs displaying address numbers only, not exceeding two square feet of area;
F. Culturally, historically or architecturally significant signs, existing at the time of passage of the ordinance codified in this chapter and officially recognized by the city. Designation of culturally, historically or architecturally significant signs will be adopted by separate resolution;
G. Any window sign four square feet or less in size; provided, that no single sign or combination of signs shall exceed 25 percent of an individual window area;
H. Agricultural products signs advertising products grown on or produced at the subject property. The signs shall be allowed at each street frontage, and shall be temporary, erected for a period not exceeding 10 days prior to the availability of the products for sale, and removed when the products are no longer available for purchase. The maximum sign area shall not exceed 10 square feet for each face of a single or two faced sign;
I. Single signs, not exceeding 24 square feet in area, mounted at a height not exceeding 20 feet above grade, displaying the name of a farm. The farm shall meet the standards as defined in BIMC 16.20.020;
J. Banners, not exceeding 30 square feet in area, displayed by a nonprofit or civic organization. The banners and flags are not required to be displayed on the premises of the organization, and may be displayed for a maximum of two periods not exceeding 14 days total within any calendar year;
K. Bannerets, not exceeding 12 square feet in area, displayed by a city council-designated civic organization. Bannerets shall not advertise or promote any individual business or the sale of any product or commodity, and shall only be erected on city-approved standards and in approved locations within the Mixed Use Town Center zone. The city council may delegate the authority to manage and coordinate the erection and removal of bannerets to a civic organization;
L. Construction signs, not exceeding one per construction site, and not exceeding 12 square feet in area, when erected in connection with a building permit. The sign shall be removed within 30 days of the occupancy of the structure. Public works projects are authorized to install signs at the ends of a project which shall not exceed 32 square feet in area;
M. For sale/rent or lease signs on the property being sold, rented or leased. One sign, not exceeding six square feet in area, shall be allowed on each street frontage;
N. Political signs in accordance with BIMC 15.08.095;
O. Signs, intended to be temporary, either the same sign or different sign, may be displayed for a maximum of two periods not exceeding 14 days total within any calendar year. Signs must conform to size and location limitations of this chapter.
P. Public right-of-way signs shall conform to the current Manual on Uniform Traffic Control Devices (MUTCD), as modified, and in developments, shall be installed by and at the applicant’s expense. (Ord. 2005-23 § 2, 2005; Ord. 98-53 § 2, 1999; Ord. 96-32 § 1, 1996; Ord. 95-14 § 2, 1995; Ord. 94-29 §§ 20, 21, 1995; Ord. 93-01 § 1, 1993)
15.08.040 Prohibited signs.
The following signs are prohibited:
A. Billboards, streamers, pennants, ribbons, spinners or other similar devices.
B. Flashing signs, roof signs, signs containing moving parts or appearing to move, and signs which sparkle or twinkle in the sunlight.
C. Signs advertising or identifying a business or organization which is defunct.
D. Signs, except for traffic, regulatory, or informational signs, using the words “stop,” “caution,” or “danger,” or incorporating red, amber, or green lights resembling traffic signals, or resembling “stop” or “yield” signs in shape or color.
E. Signs advertising a business or organization not located on the parcel containing the business or organization except signs erected by the state of Washington.
F. Signs erected within the public rights-of-way, access corridors or easements, except the following: signs erected by the city or state; those signs projecting/hanging over the public sidewalk, erected in compliance with the Mixed Use Town Center design guidelines; and political signs displayed in compliance with BIMC 15.08.095.
G. Signs with content or subject matter that constitutes obscenity as defined by law.
H. Portable reader boards and signs mounted on stationary, unlicensed vehicles.
I. Illuminated features, on the exterior of a building that call attention to the building or product sold within the building.
J. Any window sign(s) exceeding four square feet in area or exceeding 25 percent of an individual window area.
K. Neon facade signs except as permitted in BIMC 15.08.080.C.6.
L. On-premises signs in the natural, conservancy, aquatic conservancy and aquatic shoreline environments, except for navigation aids and public information.
M. Signs placed on trees or other natural features. (Ord. 2005-23 § 3, 2005; Ord. 98-53 § 3, 1999; Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)
15.08.050 Nonconforming signs.
A. A nonconforming sign lawfully existing prior to July 26, 1993, may remain and be used subject to the provisions of subsections B and C of this section.
B. A nonconforming sign cannot be enlarged, reworded, redesigned or altered in any way except to conform to this chapter. If the cost to repair a nonconforming sign exceeds 50 percent of its replacement cost, the sign shall not be repaired except to conform to this chapter.
C. A sign replacing a nonconforming sign shall conform to this chapter. (Ord. 2001-40 § 2, 2001; Ord. 98-53 § 7, 1999; Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)
15.08.060 Measurement of sign area.
Sign measurement shall be based upon the entire area of the sign, with a single continuous perimeter enclosing the extreme limits of the sign surface. For freestanding signs, support structures (providing that they are not signs) extending up to one foot above the signs shall not be included in the calculation of the sign area. For signs which are a molded, cast, carved, or otherwise integral part of a solid concrete, masonry, wood, or composite wall, foundation, fence, or entry structure the sign area shall be measured within a continuous perimeter enclosing the extreme limits of the lettering and/or image. (Ord. 2001-40 § 3, 2001: Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)
15.08.070 Height of sign.
A. The height of any sign shall be measured from the grade adjacent to the sign.
B. Signs for marinas shall not exceed 15 feet above the ordinary high water mark.
C. Awning structures on which sign images are attached shall be subject to regulation under the Uniform Building Code as adopted in BIMC 15.04.020. (Ord. 2001-40 § 4, 2001; Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)
15.08.080 General regulations.
A. Signs which refer to a permitted use or an approved conditional use as set forth in the zoning ordinance and which are permitted under this chapter conform to this chapter.
B. Signs within the Shoreline Master Program Jurisdiction.
1. Sign permits shall be submitted for review and approval at the time of shoreline permit submittal.
2. All signs shall be located and designed to minimize interference with vistas, viewpoints, and visual access to the shoreline.
3. Over-water signs, or signs on floats or pilings, shall be related to water-dependent uses only.
4. Signs which impair visual access in view corridors are prohibited.
5. Signs indicating the public’s right of access to shoreline areas shall be installed and maintained in conspicuous locations at all points of access. Signs shall also indicate all limitations on use of such areas including use of fire, alcohol, jet skis, and other recreational equipment, as well as requirements regarding pets.
C. Illumination Standards.
1. Signs, except for facade and awning signs, shall only be illuminated externally by light sources shielded so that the lamp is not visible from adjacent properties, the public right-of-way or watercourses.
2. Lights illuminating a sign shall project illumination toward the face of the sign.
3. Signs shall not flash, rotate, or have motorized parts or exposed electrical wires.
4. Signs shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m. unless the premises on which they are located is open for business.
5. Up to three neon signs are allowed in commercial zones for each business; provided, that they do not exceed four square feet for any individual sign. Total signage of all types shall not exceed 25 percent of an individual window area. For each retail business that has window area in excess of 100 square feet, an additional four square feet of neon sign area is allowed. Neon signs are allowed only on properties zoned for commercial uses, shall not be visible from the shoreline, and shall not flash.
6. One commercial use sign for theaters, including film or performing arts buildings that were constructed prior to November 10, 1999, may be internally illuminated and may include external unshielded neon lights.
7. Facade signs may be internally illuminated if:
a. The background does not emit light;
b. The background constitutes a minimum of 80 percent of the sign area; and
c. The illumination source is shielded.
D. Placement Standards.
1. No person shall affix a sign to a utility pole or a living tree or shrub.
2. Signs, including temporary banners, shall not be mounted on roofs, extend above the roof line, or be located more than 20 feet above the grade except for retail businesses with a second-floor exterior entrance.
3. Signs projecting from a building shall not be less than eight feet above grade, unless permitted by the city through an administrative variance procedure.
4. Freestanding signs shall not exceed five feet in height except in the LM and NSC zones and except as regulated by BIMC 15.08.100.B. Supporting structures (providing that they are not signs) for freestanding signs may extend one foot higher than the height limit for freestanding signs. In the LM and NSC zones, freestanding signs shall not exceed eight feet in height.
E. Safety Standards. No person may erect a sign that:
1. Is structurally or electrically unsafe;
2. Constitutes a hazard, by design or placement, to public safety and health; or
3. Obstructs free entrance or exit from a door or window that is required to be in place by this code or the city.
F. Freestanding signs shall be located within a landscaped area that is twice the area of the sign area, and the plantings or the landscaped area shall be located so as to shield illumination sources. (Ord. 2001-40 § 5, 2001: Ord. 99-60 § 1, 1999: Ord. 98-53 § 4, 1999; Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)
15.08.090 Commercial use signs.
In addition to the general regulations of this chapter, the following regulations shall apply to all commercial use signs.
A. Facade Signs.
1. The total aggregate area of all facade signs on each wall shall not exceed 128 square feet.
2. Buildings may have one facade sign with a maximum area of 36 square feet for each tenant. If the building has street frontage on two or more streets, has access from an alley or parking area to the side or behind the building, or has retail uses on a second floor, a facade sign for each tenant is allowed; provided, that no additional sign shall exceed 20 square feet in area, face the same street, alley or parking area or be on the same floor as another facade sign.
3. Facade signs shall be located less than 20 feet above grade except for retail businesses with a second-floor exterior entrance.
4. A single directory, combining the name of the commercial complex and the individual names of businesses located within, is allowed provided no other facade sign on the building shall exceed 20 square feet in area except for retail businesses with a second-floor exterior entrance may have a facade sign up to 36 square feet. The maximum sign area for this directory is 48 square feet.
5. A single facade sign for a commercial complex is allowed at the primary entrance instead of a directory, provided no other facade sign for building tenants shall exceed 20 square feet in area except for retail businesses with a second floor exterior entrance may have a facade sign up to 36 square feet. The maximum area for this commercial complex sign is 36 square feet.
6. There may be up to three facade sign(s) per tenant in the High School Road commercial zone located more than 200 feet from the edge of any public right-of-way. No additional sign shall exceed 20 square feet in area, face the same street, alley or parking area or be on the same floor as another facade sign.
B. Freestanding Signs.
1. No more than one freestanding sign shall be allowed per tenant. The sign shall not exceed 20 square feet on any single face or 40 square feet on two faces. No more than two freestanding signs, regardless of the number of tenants, shall be allowed on any property.
2. A freestanding identification sign, for a commercial complex, with or without the individual names of businesses located therein, with a maximum sign area of 40 square feet on any single face and a total surface area of 60 square feet if two sided may be erected facing each street frontage. No individual tenant freestanding signs may be erected on such a property that contains this freestanding identification sign.
3. In the LM zone, freestanding identification signs may be located on adjacent LM zoned properties if the signs contain directional information to assist in locating the businesses listed and permission is obtained from the owner of the property where the sign is located. The maximum sign area shall be 36 square feet. The sign shall not be counted toward the maximum number of freestanding signs allowed.
C. An awning or marquee sign, not exceeding 20 square feet in area per commercial tenant, is allowed instead of a facade sign. The lowest point of the awning or marquee is at least eight feet above the sidewalk, and the awning shall have a dark background if illuminated from behind.
D. Projecting/Hanging Signs.
1. A business may have one projecting sign, located at least eight feet above grade, with a maximum area of five square feet for each side. The fixture used to suspend the hanging sign must be included in the permit design and approved by the designated officials, but shall not be included in the total size of the sign.
2. Signs for theaters, including film or performing arts buildings, shall not exceed 80 square feet on a single face and 140 square feet on multiple faces and shall be located at least 100 feet from any property zoned single-family.
E. Sandwich Board Signs. One nonilluminated sandwich board sign, with each face not exceeding six square feet in area, shall be allowed per business. The sign shall be a minimum of 30 inches high and a maximum of 48 inches high. (Ord. 2001-40 § 6, 2001: Ord. 98-53 § 5, 1999; Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)
15.08.095 Political signs.
A. Political Signs Not Allowed on Public Utility Poles or Public Buildings or Structures. It is unlawful for any person to paste, paint, affix or fasten a political sign on any utility pole, traffic control device, lamp post, or any other public building or structure.
B. Political Signs Within Public Right-of-Way. Subject to subsection A of this section, political signs may be posted within public right-of-way only if the sign does not interfere with sight distances and does not create a vehicular or pedestrian traffic obstruction or hazard, and permission to place the sign in the right-of-way has been obtained from the abutting property owner. Political signs in the right-of-way are limited to a maximum surface area of six square feet and a maximum height of five feet.
C. Removal of Political Signs.
1. A political sign promoting or publicizing candidates for public office or issues that are to be voted upon in a general or special election must be removed within seven days following an election; provided, that political signs promoting successful candidates in a primary election may remain displayed until seven days following the immediately subsequent general election.
2. It shall be the responsibility of the campaign director or political candidate to have the signs removed in accordance with this section. If any sign is placed or allowed to remain in violation of this section, the city may remove the sign, and the campaign director or political candidate shall be liable to the city for all costs and expenses incurred by the city in removing and storing said sign.
D. The display of any political sign in violation of this section, or any portion or part thereof, shall be presumed to have been done at the direction and request of the campaign director or political candidate. (Ord. 2007-14 § 1, 2007: Ord. 2005-23 § 4, 2005)
15.08.100 Institutional or public use signs.
In addition to the general regulations of this chapter, public institutions or public entities:
A. May have a single sign, either facade-mounted or a freestanding identification sign, visible from each street frontage;
B. May have one additional freestanding identification sign at the principal entrance not to exceed a maximum height of six feet. The maximum sign area of any face shall be no greater than 40 square feet;
C. Civic organizations may erect temporary banner signs, not addressed in BIMC 15.08.030, that are not smaller than 90 square feet and no larger than 160 square feet. Banners may be displayed for maximum of six periods not to exceed a total of 84 days within any calendar year. These signs shall not advertise or promote any individual business or the sale of any product or commodity and are only allowed to be erected upon city-approved support standards at city-designated locations on Winslow Way and Olympic Drive. The city council may delegate the authority to manage and coordinate the erection and removal of banners to a civic organization. (Ord. 98-53 § 6, 1999; Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)
15.08.110 Residential use signs.
In addition to the general regulations of this chapter, the following regulations shall apply to all residential use signs.
A. Residential developments may have a single freestanding identification sign with a maximum sign area of 10 square feet.
B. Home occupations, legally established, may have an identification sign as allowed in BIMC 18.96.030.
C. Multifamily residential developments may have a directory sign, with a maximum sign area of 20 square feet, at one vehicular entrance on each street frontage. (Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)
15.08.115 Freestanding or sandwich board signs.
A. Home Occupations. Up to 10 freestanding signs (under 18 inches in height and 24 inches wide) or sandwich board signs (meeting the size requirements of BIMC 15.08.090.E), advertising on-site sales at home occupations, as regulated under Chapter 18.96 BIMC, may be placed off of the parcel upon which the home occupation is located with permission of the parcel owner, or within the public right-of-way located as far as possible from the street or road so as not to create a traffic hazard or obstruction, for a maximum of 21 days. These signs are exempt from BIMC 15.08.030.C and O, 15.08.040.E and F, and 15.08.090.B.1. The home occupation business owner shall obtain a permit for all signs from the planning and community development department. The permit shall describe the size, content, and location of the signs and the days on which the signs will be displayed. There shall be no fee for the permit.
B. Events and Tours. Freestanding (under 18 inches in height and 24 inches wide) or sandwich board signs (meeting the size requirements of BIMC 15.08.090.E), advertising community events or self-guided tours of city residences and places, may be placed for a maximum of 21 days off of the parcel upon which the event or tour is located with permission of the parcel owner, or within the public right-of-way located as far as possible from the street or road so as not to create a traffic hazard or obstruction. These signs are exempt from BIMC 15.08.030.C and O, 15.08.040.E and F, and 15.08.090.B.1. The event or tour sponsor shall obtain a permit for all signs from the planning and community development department. The permit shall describe the size, content, and location of the signs and the days on which the signs will be displayed. There shall be no fee for the permit. (Ord. 2003-12 § 1, 2003)
15.08.120 Permits required.
A. No signs, except those described in BIMC 15.08.030, shall be erected without a valid sign permit.
B. Permit application requirements shall be determined by the director and shall include a site plan showing the location of the signs, the position of buildings and landscaped areas, the elevations of the signs and the configuration and size of the signs.
C. A valid sign permit is required before altering an existing sign or repairing a sign where the repair exceeds 50 percent of the replacement cost.
D. Legally established signs that include changeable copy are exempt from permit requirements for altering the changeable copy. (Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)
15.08.130 Permit fees.
A. Plan check fees, permit fees and inspection fees shall be as established by the city council by resolution.
B. Until January 1, 2000, permit fees shall be waived for signs replacing nonconforming signs. (Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)
15.08.140 Sign variance.
A. A variance is the mechanism by which the city may grant relief from the provisions of this chapter where practical difficulty renders compliance with the provisions of this chapter an unnecessary hardship and where the hardship is a result of the physical characteristics of the subject property.
B. The variance procedure shall be administrative and determined by the director. (Ord. 96-32 § 1, 1996; Ord. 95-14 § 3, 1995; Ord. 93-01 § 1, 1993)
15.08.150 Enforcement and penalties.
A. Anyone violating or failing to comply with the provisions of this chapter shall, upon conviction thereof, be punishable by fine of not more than $500.00, or by imprisonment for not more than six months, or by both fine and imprisonment, and each day’s violation or failure to comply shall constitute a separate offense.
B. In addition to any other sanction or remedial procedure which may be available, any person failing to comply with a notice of violation or order issued by the building official, or tailing to comply with any other provision of this chapter, shall be subject to cumulative civil penalty in the amount of $500.00 per day from the date set for compliance until compliance with such violation or order.
C. In addition to instituting criminal prosecution for violation of any of the provisions of this chapter, the city, through the city attorney, may institute civil proceeding in the Bainbridge Island municipal court or the superior court of the county to obtain a temporary restraining order or injunction prohibiting violation of this chapter and to collect any fines, fees or penalties due under the provisions of this chapter.
D. The city may remove and dispose of signs that it determines are a threat to public safety and recover costs from the owner of the property on which the sign is located. Within 10 days of removal of a sign, and upon payment of the costs of removal, the owner may recover a sign. (Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)
Chapter 15.12
CONSTRUCTION WORK AFFECTING CITY UTILITIESSections:
15.12.010 Permit – Required.
15.12.020 Permit – Application.
15.12.025 Surety bond required.
15.12.030 Inspection of work upon completion.
15.12.040 Nonapplicability to work performed under municipal contract.
15.12.044 Daily removal of deposits required.
15.12.046 Stop work order – Penalty for failure to comply.
15.12.050 Violation – Penalty.
15.12.010 Permit – Required.
No construction work which affects or may affect any city owned utilities, streets or property shall be performed by any person or corporation without first having obtained from the city a permit to perform such construction work. (Ord. 78-07 § 1, 1978)
15.12.020 Permit – Application.
Any person intending to perform the work defined in Section 15.12.010 shall first apply to the city for issuance of a permit. The application shall include a description of the work to be performed, a sufficient description of the location to allow inspection, the date the work will start and the estimated date of completion, together with any other additional information required by the city engineer. (Ord. 84-11 § 1, 1984: Ord. 78-07 § 2, 1978)
15.12.025 Surety bond required.
A. Before a permit as provided in Section 15.12.010 is issued, the applicant shall deposit with the city clerk a surety bond or other security in such reasonable amount as set by the city engineer, but not less than a percent as established by resolution of the city council of the estimated costs of the work. The required surety bond or other security must be:
1. With good and sufficient surety, if a bond;
2. By a surety company authorized to transact business in the state, if a bond;
3. Conditioned upon the permittee’s compliance with the ordinance codified in this chapter and to secure and hold the city and its officers harmless against any and all claims, judgments, or other costs arising from the excavation or other work covered by the permit or for which the city, the city council or any city officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee;
4. Conditioned upon the permittee filling up, restoring and placing the street or other property in good and safe condition as near as may be to its original condition and patching all openings and excavations made in streets to the satisfaction of the city engineer or his designee;
5. Conditioned on the street or other property where the excavation or other work is performed remaining in as good a condition for a period of 12 months after the work has been done. The city engineer may reduce the amount of the bond or other security to not less than a percent of the amount of the original bond or security for this 12-month period as established by resolution of the city council.
B. Any settlement of the surface of the street or other property within the 12-month period is conclusive evidence of defective backfilling by the permittee.
C. Nothing contained in this section requires the permittee to maintain any repairs to pavement made by the city if such repairs should prove defective.
D. An annual bond may be given under this provision which shall remain in force for one year conditioned as provided in this section, in the amount specified in this section, and in other respects as specified in this section, but applicable as to all excavation work in streets by the principal in such bond during the term of one year from said date. (Ord. 88-16 § 22, 1988: Ord. 84-11 § 2, 1984)
15.12.030 Inspection of work upon completion.
Upon completion of the work, the applicant will notify the city engineer, or his delegate, who will make an inspection to determine if the work has been completed and that the city facilities have been restored and that no damage to city property has occurred. If satisfied with the work performed, the city engineer or his delegate will direct the surety bond be returned to the applicant after the expiration of a period of 12 months after the work has been completed. In the event the work performed is not satisfactory, the city engineer, or his delegate, shall advise the applicant in writing of the deficiencies and give a fixed time in which to complete the work. In the event the applicant does not perform within the time specified, the city shall perform the work either with city forces or by contracts and the cost thereof shall be charged to the applicant and to the applicant’s surety bond. (Ord. 91-20 § 1, 1991: Ord. 78-07 § 3, 1978)
15.12.040 Nonapplicability to work performed under municipal contract.
This chapter shall not apply to any work performed for the city under a municipal contract. (Ord. 78-07 § 4, 1978)
15.12.044 Daily removal of deposits required.
A. Any person, firm, or corporation making any deposits of dirt, mud, rock, debris or other material of any nature on the public rights-of-way and any other municipally owned improvements shall clean up said deposits in a timely manner during the course of and the end of each day’s operation.
B. Adequate equipment shall be available during each day of operation to ensure quick and timely removal of any such deposits. The equipment available shall include a power broom or other means approved by the city engineer. The rights-of-way surfaces and all catch basins, culverts or other municipally owned improvements affected by the deposits shall be cleaned. (Ord. 83-16 § 2, 1983: Ord. 78-07 § 6, 1978)
15.12.046 Stop work order – Penalty for failure to comply.
In the event any person, firm or corporation fails to comply with the provisions of Section 15.12.044 or in the event any work is being performed in an unsafe manner or contrary to the provisions of this code or other applicable law, the city engineer or his designee may cause a notice of violation to be delivered to a person of suitable age at the job site and may order all work to cease until authorized by the city engineer or his designee to proceed. Work shall not resume until so authorized by the city engineer or his designee. (Ord. 91-20 § 2, 1991: Ord. 83-16 § 2, 1983: Ord. 78-07 § 7, 1978)
15.12.050 Violation – Penalty.
Violation of any of the terms of this chapter may be punished by imposition of a fine of not over $500.00 for each offense, or not more than six months in jail for each offense, or both, as determined by the municipal court. Each day the violation occurs shall be a separate offense. (Ord. 83-16 § 1, 1983: Ord. 78-07 § 5, 1978)
Chapter 15.16
FLOOD DAMAGE PREVENTIONSections:
15.16.010 Methods and purpose.
15.16.020 Definitions.
15.16.030 General provisions.
15.16.040 Establishment of development permit.
15.16.050 General standards.
15.16.010 Methods and purpose.
The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
A. Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money and costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric telephone and sewer lines, streets, and bridges located in areas of special flood hazard; and
6. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
B. Methods. In order to accomplish its purposes, this chapter includes methods and provisions for:
1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
4. Controlling filling, grading, and other development which may increase flood damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. (Ord. 90-15 § 1, 1990; Ord. 88-22 § 2, 1988)
15.16.020 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
A. Repealed by Ord. 2003-22.
B. “Area of shallow flooding” means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.
C. “Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on map always includes the letters A or V.
D. “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.
E. “Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use, or store hazardous materials or hazardous waste.
F. “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials located within the area of flood hazard.
G. “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation or runoff of surface waters from any source.
H. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
I. “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.
J. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
K. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
L. “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.
M. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
N. “New construction” means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter.
O. “Recreational vehicle” means a vehicle:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
P. “Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
Q. “Structure” means a walled and roofed building including a gas or liquid storage tank that is principally above ground.
R. “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
S. “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
T. “Water dependent” means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. 2005-05 § 1, 2005: Ord. 2003-22 § 21, 2003; Ord. 88-22 § 2, 1988)
15.16.030 General provisions.
A. Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the May 15, 1980, Kitsap County Map Panels 120, 205, 210, 215, 220, and 310 and the Federal Insurance Administration in a scientific and engineering report entitled, “The Flood Insurance Study for the City of Winslow” dated February 5, 1986, with accompanying Flood Insurance Maps and any revisions thereto, is adopted by reference and declared to be a part of this chapter; the Flood Insurance Study is on file at the office of the city clerk.
C. Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
D. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
F. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 2005-05 § 2, 2005; Ord. 90-15 § 2, 1990; Ord. 88-22 § 2, 1988)
15.16.040 Establishment of development permit.
A. Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in BIMC 15.16.030.B. The permit shall be for all structures including manufactured homes, as set forth in BIMC 15.16.020, and for all development including fill and other activities, also as set forth in BIMC 15.16.020.
B. Application for Development Permit. Application for a development permit shall be made on forms furnished by the city building official and may include but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in BIMC 15.16.050.F.2; and
4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
C. Designation of the Building Official. The city building official is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
D. Duties and Responsibilities of the Building Official. Duties of the building official shall include, but not be limited to:
1. Permit Review.
a. Review all development permits to determine that the permit requirements of this chapter have been satisfied;
b. Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required;
c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the provisions of BIMC 15.16.050.G are met;
2. Uses of Other Base Flood Data. When base flood elevation data has not been provided in accordance with BIMC 15.16.030.B, the building official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer BIMC 15.16.050.F and G;
3. Information to Be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood Insurance Study or required as in subsection D.2 of this section, obtain and record the actual (as-built) elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a basement;
b. For all new or substantially improved floodproofed structures:
i. Verify and record an actual elevation (in relation to mean sea level); and
ii. Maintain the floodproofing certifications required in subsection B.3 of this section;
c. Maintain for public inspection all records pertaining to the provisions of this chapter;
4. Alteration of Watercourses.
a. Prior to any alteration or relocation of a watercourse, the applicant shall obtain a hydraulic project approval (HPA) from the Washington State Department of Fish and Wildlife, notify adjacent communities and the Washington State Department of Ecology, and submit evidence of such notification and the HPA to the Federal Insurance Administration;
b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished;
5. Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection E of this section.
E. Variance Procedure.
1. Appeal Board.
a. Pursuant to BIMC 2.16.100, the hearing examiner shall hear and decide appeals and requests for variances from the requirements of this chapter, and appeals alleging error in any requirement, decision, or determination made by the building official in the enforcement or administration of this chapter.
b. The decision of the hearing examiner shall be final unless, within 21 days after issuance, it is appealed in accordance with Chapter 36.70C RCW.
c. In passing upon such applications, the applicable city official or appeal entity shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
i. The danger that materials may be swept onto other lands to the injury of others;
ii. The danger to life and property due to flooding or erosion damage;
iii. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
iv. The importance of the services provided by the proposed facility to the community;
v. The necessity to the facility of a waterfront location, where applicable;
vi. The availability of alternative locations for the proposed uses which are not subject to flooding or erosion damage;
vii. The compatibility of the proposed use with existing and anticipated development;
viii. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
ix. The safety of access to the property in times of flood for ordinary and emergency vehicles;
x. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
xi. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
d. Upon consideration of the above factors and the purposes of this chapter, the applicable official or city entity may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
e. The building official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
2. Conditions for Variances.
a. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections E.1.c.i through E.1.c.xi of this section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.
b. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.
c. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
d. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
e. Variances shall only be issued upon:
i. A showing of good and sufficient cause;
ii. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
iii. A determination that the granting of a variance will not result in increased expense, create nuisances, cause fraud on or victimization of the public as identified in subsection E.1.c of this section, or conflict with existing local laws or ordinances.
f. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
g. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (2)(a) of this section, and otherwise complies with BIMC 15.16.050.
h. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 2005-05 § 3, 2005; Ord. 2003-25 § 5, 2003; Ord. 90-15 §§ 3, 4, 1990; Ord. 88-22 § 2, 1988)
15.16.050 General standards.
In all areas of special flood hazards, the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
C. Utilities.
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
D. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to minimize flood damage;
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).
E. Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.
F. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in BIMC 15.16.030.B or 15.16.040.D.2, the following provisions are required:
1. Residential Construction.
a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above base flood elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
i. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.
2. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
a. Be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in BIMC 15.16.040.D.3.b;
d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection F.1 of this section;
e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to one foot above the base flood level will be rated as at the base flood level).
3. Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base floodplain. Construction of new critical facilities shall be permissible within the base floodplain if no feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the lowest floor elevated to three feet or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible.
4. Manufactured Homes. All manufactured homes to be placed or substantially improved within the floodplain shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or more above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection A.2 of this section.
5. Recreational Vehicles. All recreational vehicles placed on sites are required to either:
a. Be on the site for fewer than 180 consecutive days; or
b. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick-disconnect type utilities and security devices, and have no permanently attached additions; or
c. Meet the requirements of subsection F.4 of this section and the elevation and anchoring requirements for manufactured homes.
G. Floodways. Located within areas of special flood hazard established in BIMC 15.16.030.B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachments would not result in any increase in flood levels during the occurrence of the base flood discharge.
2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for:
a. Repairs, reconstruction or improvements to a structure which do not increase the ground floor area; and
b. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure as determined:
i. Before the repair or reconstruction is started; or
ii. Before damage occurred if the structure is being restored;
c. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement officia