Chapter 18.40
MIXED USE TOWN CENTER AND HIGH SCHOOL ROAD COMMERCIAL ZONES*

Sections:

18.40.010 Purpose.

18.40.020 Land uses.

18.40.030 Development standards.

18.40.031 Transition standards in the ferry terminal district, north of Winslow Way.

18.40.035 Structures.

18.40.040 Optional residential and commercial FAR bonus in the Mixed Use Town Center and High School Road districts.

18.40.060 Utility defined.

*Ord. 96-08 § 14 provides:

The locations and boundaries of the Mixed Use Town Center and High School Road I and II zoning districts and the five overlay districts of the Mixed Use Town Center zone, as shown on the comprehensive plan land use map, as amended, shall be shown on the map entitled “City of Bainbridge Island Official Zoning Map” which is amended hereby.

18.40.010 Purpose.

A. Mixed Use Town Center Zone. The purpose of this chapter is to implement the Winslow Mixed Use Town Center and High School Road sections of the city’s comprehensive plan. The Mixed Use Town Center and High School Road zones should strengthen the vitality of downtown Winslow as a place for people to live, shop and work.

The purpose of the Mixed Use Town Center is to provide a strong residential component to encourage a lively community during both the day and night. The Mixed Use Town Center zone, consisting of five overlay districts, includes a diversity in types of housing, shopping, civic facilities, recreation and employ-

ment. A variety of land uses are allowed which promote a pedestrian atmosphere and enhance the viability of the town center allowing development in a manner which is harmonious with the scale of the town center. Land uses which require outdoor storage or which have an auto orientation, such as drive-through establishments, are not permitted within the Mixed Use Town Center.

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

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

3. Madison Avenue Overlay District. The purpose of the Madison Avenue overlay district is to provide for a mix of residential and small-scale nonresidential development. Within the Madison Avenue overlay district, all retail and office development shall include a residential component. Retail development is permitted only if it is ground-floor retail.

4. Gateway Overlay District. The purpose of the gateway overlay district is to provide protection for the ravine. The district permits low-intensity, tourist-oriented, commercial, multifamily and agricultural uses which would have limited parking and minimum traffic impact. Limited impervious surface coverage is allowed.

5. Ferry Terminal Overlay District. The purpose of the ferry terminal district is to provide the ferry services and associated transportation-oriented uses, and primarily residential development at higher densities, in an attractive setting that serves as the entry-point into Winslow. The intention for the ferry terminal district is that it transforms over time from an area dominated by surface parking lots for commuters to residential with small amounts of commuter-oriented retail and office development. Residential development at higher densities is appropriate for this area because of its proximity to the ferry and downtown and because it is a prime view location. North of Winslow Way, development shall be accompanied by height restrictions and landscaping requirements to protect the adjacent residential neighborhoods.

B. High School Road Zones. The High School Road zones are intended to provide commercial uses that complement downtown Winslow and benefit from automobile access near the highway, while creating a pedestrian-friendly retail area. A variety of commercial uses are allowed that offer goods and services for the convenience of Island residents and that may have an auto orientation. (Ord. 99-64 § 4, 1999; Ord. 96-08 § 9, 1996)

18.40.020 Land uses.

No use is allowed except as indicated in the following table:

Permitted Uses. Uses designated by the letter “P” are permitted on any lot in the zones indicated, subject to all applicable regulations and the design guidelines contained in Chapter 18.41 BIMC.

Conditional Uses. Uses designated by the letter “C” may be authorized as condi-tional uses, in accordance with the provisions of this title and the design guidelines contained in Chapter 18.41 BIMC.

Uses Not Allowed. Uses not allowed in a particular zone or overlay district are designated by the letters “NP.”

Uses Table

Uses	Mixed Use Town Center					High School Road Districts I and II
	Central Core	Madison Avenue	Ericksen Avenue	Gateway1	Ferry Terminal10, 11
Commercial
Retail, except drive-through businesses	P2	P (with residential)3	P (with residential)3	P	NP	P/C4
Retail, with screened outdoor storage	NP	NP	NP	NP	NP	P/C4
Uses which service the automobile (e.g., gasoline service station, car wash, auto repair shops)	NP	NP	NP	NP	NP	C
Commuter-Oriented Retail3	NP	NP	NP	NP	P5	NP
Club	P	P	P	P	P	P
Commercial Amusements	P	P	P	P	P	P
Cultural Facility	P	P	P	P	P	P
Personal and Professional Services	P	P	P	P	P6	P
Entertainment Facility	P	NP	NP	NP	NP	P (in Mixed Use)
Hotels, Motels and Inns	P	NP	NP	C	P12	P
Bed and Breakfasts	P	P	P	P	P	P
Formula Take-Out Food Restaurant	NP	NP	NP	NP	NP	P (in District I, east of SR 305 only)7
Agricultural Processing	NP	NP	NP	P	NP	P
Ferry Terminal and associated docks, ramps, walkways, trails, waiting rooms and holding areas	NP	NP	NP	NP	P	NP
Ferry Commuter Parking8	P	NP	NP	P	P	NP
Temporary Ferry Commuter Parking (Reference BIMC 18.81.054)	C	NP	NP	C	C	NP
Noncommuter Ferry Parking (Reference BIMC 18.81.052)	NP	NP	NP	NP	P/C13	NP
Commercial Parking (Reference BIMC 18.81.056)	P/C	NP	NP	P	NP	NP
Day Care	P	P	P	C	P	P
Miscellaneous
Government, Educational and Religious Institutions	P	P	P	C	C12	P
Health Care Facilities	P	P	C	C	C12	P
Utilities	C	C	C	C	C	C
Park and Ride Lots	NP	NP	NP	NP	NP	C
Home Occupations	P	P	P	P	P	P
Parks, active recreation	P	P	P	P	P	P
Parks, passive recreation	P	P	P	P	P	P
Recreation activities, indoor	P	P	P	P	P	P
Recreation activities, outdoor	C	C	C	C	C	C
Residential
Multifamily Dwellings	P	P	P	P	P	P
Single-Family Dwellings	P9	P9	P9	NP	NP	NP
P = permitted use C = conditional use NP = use not permitted 1.  Any development in the gateway district shall include provisions for a public trails system within the ravine and/or pedestrian links to the ferry terminal. 2.  Retail development in the central core district exceeding 5,000 square feet per building footprint is allowed only on Wins-low Way and Madison Avenue. 3.  For new buildings of more than one story, retail has to contain a residential component. 4.  In the H.S. Rd. II district, retail use up to a 5,000-square-foot building footprint is permitted and between 5,000 and 14,400-square-foot building footprint per building is permitted through a conditional use permit. 5.  In the district north of Winslow Way, commuter-oriented retail is permitted only along Winslow Way, within 100 feet north of Winslow Way. Buildings shall have customer entrances on Winslow Way. Commuter-oriented retail may be located anywhere south of Winslow Way. 6.  In the district north of Winslow Way, personal and professional services are permitted only along Winslow Way, within 100 feet north of Winslow Way. Buildings shall have customer entrances on Winslow Way. Personal and professional services may be located anywhere south of Winslow Way. 7.  The footnote is revised and added as BIMC 18.41.050.B.1, formula take-out restaurant design guidelines. 8.  Limited to the 1,121 commuter parking spaces in the ferry terminal and core districts, and the 173 commuter parking spaces in the gateway district, as shown on Figure 18 of Exhibit B of Ordinance 98-11, the Winslow Master Plan. The rights to these spaces may be bought, sold, traded, leased or otherwise exchanged between the properties. 9.  Only single-family dwellings that were in existence and being used as such prior to the enactment of the ordinance codified in this chapter. R-4.3 zoning shall apply to such single-family dwellings. 10.  All development shall include at least 10 percent of landscaped or naturally vegetated open space. Parking may be located under the open space. 11.  Development south of Winslow Way shall include pedestrian walkways that connect to Winslow Way East and Olympic Drive Southeast, and/or that align with Cave Avenue and Ferncliff Avenue. 12.  South of Winslow Way only. 13.  Permanent noncommuter ferry parking is permitted in accordance with BIMC 18.81.052.A. Temporary noncommuter ferry parking is permitted only with a conditional use permit, in accordance with BIMC 18.81.052.B. (Ord. 2005-29 § 29, 2005: Ord. 2003-53 § 1, 2004; Ord. 2000-10 § 1, 2000: Ord. 99-64 § 5, 1999: Ord. 99-17 § 4, 1999: Ord. 98-03 § 1, 1998; Ord. 97-06 § 2, 1997; Ord. 96-08 § 9, 1996)

18.40.030 Development standards.

	Mixed Use Town Center					High School Road Districts I and II
	Central Core	Madison Avenue	Ericksen Avenue	Gateway	Ferry Terminal
Base Floor Area Ratio (FAR)1
Commercial and Other Nonresidential Uses	0.6	0.4	0.3	0.15	0.1	0.3
Residential	0.4	0.4	0.3	0.5	0.4	0.3
Mixed Use2	1.0	0.5	0.5	0.5	0.5	0.3
Maximum FAR with Bonus3
Commercial and Other Nonresidential Uses	1.0	0.6	0.6	0.3	0.2	0.6
Residential	1.0	0.6	0.6	1.0	1.1	0.6
Mixed Use2	1.5	1.0	1.0	1.0	1.3 (1.5)10	1.0
Building Height (bldg hght) Limit	35' 25' bldg hght south of Parfitt	25' 35' bldg hght north of High School Road	25'	35'	Bldg hght north of Winslow Way: Ref. BIMC 18.40.031   35' bldg hght south of Winslow Way	35'
Optional Height (opt hght) Limit w/under building parking	45' 35' opt hght south of Parfitt	35' 45' opt hght north of High School Road	35'	45'	Opt bldg hght north of Winslow Way: Ref. BIMC 18.40.031   45' opt bldg hght south of Winslow Way	45'
Building Height when property adjoins a lower density residential zone	Except in the ferry terminal district, north of Winslow Way, for the first 30 feet of the building from the property line of an adjoining lower density residential zone, the building height shall be the building height of the adjoining lower density residential zone. Optional building height allowed in the adjoining lower density residential district through a conditional use permit may be requested for projects within the Mixed Use Town Center and High School Road zones through the site plan review process. For building height requirements in the ferry terminal district, north of Winslow Way, reference BIMC 18.40.031
Maximum Lot Coverage	100%, excluding setbacks	35%	35% 2,500 sq. ft. max. building footprint south of Wyatt	35%	75%	50%
Front Setback	Comm: 5' max. from sidewalk Res: 10' min. from sidewalk4 20' max. from sidewalk4	10' min. 20' max	15' min.5 20' max.5	0' from sidewalk6	5' max. from sidewalk Except as modified by transition standards in BIMC 18.40.031	10' max. from sidewalk
Side Setback	0' 5' when property abuts the Madison Avenue or Ericksen Avenue districts	0' 5' when property abuts the central core district	5'	0'	0'	0'
Rear Setback	0' 5' when property abuts the Madison Avenue or Ericksen Avenue districts	0' 5' when property abuts the central core or Ericksen Avenue districts	0' 5' when property abuts the central core or Madison Avenue districts	0'	0'	0'
Building Setback when property adjoins single-family residential zone	Building setback shall be in accordance with the landscape ordinance perimeter landscaping requirements
Parking Requirements
Commuter-Oriented Retail		NP	NP	NP	1 parking space per employee per peak shift	NP
Other Commercial and Nonresidential Uses
Minimum Spaces per 1,000 sq. ft.7	4	4	4	4	1	4
Maximum Spaces per 1,000 sq. ft.8, 9	5	5	5	5	3	5
Residential Minimum Spaces per dwelling unit	Per BIMC 18.81.030.D
Residential Maximum Spaces per dwelling unit	1.5	2	2	2	1.5	2
Bicycle Parking	Per BIMC 18.81.140
Access along Winslow Way	For properties along Winslow Way, there shall be no driveway from private property to the street except as approved as a conditional use. Driveways in existence prior to July 1, 1987, are excepted from this requirement. (Formerly BIMC 18.69.070.D.)
1Exception from the base FAR: If the existing FAR for a developed property as of the effective date of the ordinance codified in this chapter is higher than the base FAR for that district, then the existing FAR will be considered the base FAR for that developed property. 2In mixed use development, the established FAR in the residential and commercial components shall not be exceeded. 3Maximum level of commercial, residential and mixed use development may be achieved through the use of FAR bonus provisions, in accordance with BIMC 18.40.040. 4These setbacks apply along Madison Avenue only. 5Porches, bay windows and eaves may intrude up to five feet into the front yard. 6South of a point 100 feet north of Winslow Way. 7On street parking legally created in conjunction with and adjacent to a project may be included in the parking space calculation. 8Up to a maximum of four spaces per 1,000 square feet for restaurant use, using procedures set out in BIMC 18.81.030.M. 9Exceptions to the maximum commercial parking may be granted in accordance with BIMC 18.81.056.C. 10In mixed use development in the ferry terminal district, an additional .2 FAR is permitted in accordance with BIMC 18.40.040.G. The additional FAR may be applied to either the residential or commercial component of the mixed use development. (Ord. 2005-11 § 1, 2005; Ord. 2004-02 § 3, 2004; Ord. 99-64 § 6, 1999: Ord. 99-17 § 5, 1999: Ord. 97-06 § 4, 1997; Ord. 96-08 § 9, 1996)

18.40.031 Transition standards in the ferry terminal district, north of Winslow Way.

A 100-foot-wide transition area is established in the ferry terminal district, north of Winslow Way, as follows: along the west side of Ferncliff Avenue, starting approximately 100 feet north of Winslow Way; along the north boundary of the district, east of Cave Avenue; and along both sides of Cave Avenue, starting approximately 300 feet north of Winslow Way. The landscaping requirements and height restrictions illustrated below shall apply to this transition area. Portions of the ferry terminal district that are not in the transition area designated by this section shall comply with all other applicable ferry terminal district requirements.

(Ord. 99-64 § 7, 1999)

18.40.035 Structures.

Structure height is 35 feet, except that taller structures may be allowed with the issuance of a conditional use permit; provided, that (1) view opportunities are not substantially reduced; (2) each setback requirement shall be increased one-half foot for every foot above the maximum structure height; (3) noncommercial, nonparabolic antennae affixed to noncommercial communication towers that are 50 feet or less in height above grade shall not required conditional use permits; (4) one flagpole 45 feet or less in height may be placed on a parcel without requiring a conditional use permit; (5) utility poles 50 feet or less in height shall not require conditional use permits; and (6) utility structures existing on the effective date of the ordinance codified in this section that are taller than 50 feet shall not be considered nonconforming structures and may be replaced without a conditional use permit; provided, that the structure is not larger or taller than the original structure and is not moved more than 20 feet from the original location.

This section is subject to the provisions of Ordinance 96-49, Moratorium on wireless communications facilities. (Ord. 2004-02 § 1, 2004; Ord. 97-06 § 3, 1997)

18.40.040 Optional residential and commercial FAR bonus in the Mixed Use Town Center and High School Road districts.

Eligible properties may achieve a maximum level of development above the base FAR, as provided for in BIMC 18.40.030, by using one, or a combination of, the following FAR bonus provisions. The FAR bonus provisions may be combined to achieve the maximum level of development established for each district. In no case shall the total commercial, residential or mixed use FAR exceed the maximum FAR as provided for in BIMC 18.40.030.

A. Optional Affordable Housing.

1. FAR Bonus. Up to 100 percent of the maximum residential FAR bonus may come from providing affordable housing as defined in BIMC 18.06.565; provided, that the difference between the base residential FAR and the maximum residential FAR shall be dedicated to affordable housing. A portion of the total floor area that is of common use and benefit to the entire residential development (for example, interior halls, stairwells, laundry rooms, exercise rooms) may be included in the calculation of the affordable housing component. This portion shall be the same percentage as the affordable housing provided. For example, if 20 percent of the living unit floor area is for affordable housing, then 20 percent of the common floor area may be included in the total affordable housing calculation.

Development of the optional affordable housing shall be in accordance with BIMC 18.90.020.

a. Residential development less than 10,000 square feet. Any residential development less than 10,000 square feet that utilizes the affordable housing FAR bonus provision shall provide all of the bonus square footage for households in the moderate or lower income groups.

b. Residential development of 10,000 square feet but less than 60,000 square feet. Any residential development project of 10,000 square feet but less than 60,000 square feet shall allocate the bonus square footage as follows:

i. All of the bonus square footage may be provided for households in the moderate income group; or

ii. The bonus square footage may be provided in the following proportions: 50 percent for households in the moderate income groups; 20 percent for households in the extremely low, very low or low income groups; and 30 percent for households in the middle income group.

c. Residential development of 60,000 square feet or more shall allocate the bonus square footage in the following proportions: 10 percent shall be provided for households in the lower income groups; 60 percent shall be provided for households in the moderate income group; and 30 percent shall be provided for households in the middle income group.

The optional affordable housing bonus is summarized in the table below.

Optional Affordable Housing Bonus

AFFORDABLE HOUSING FAR BONUS	Residential development less than 10,000 sq. ft.	Residential development of 10,000 sq. ft. but less than 60,000 sq. ft.	Residential development more than 60,000 sq. ft.
	100 percent of bonus for moderate or lower	100 percent of bonus for all moderate OR .2 of bonus for low or lower .5 of bonus for moderate .3 of bonus for middle	.1 of bonus for low or lower .6 of bonus for moderate .3 of bonus for middle

2. Preservation of the Islander Mobile Home Park. Preservation of the Islander Mobile Home Park as an existing park site for manufactured homes shall be encouraged.

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

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

B. Purchase of Development Rights to Preserve Agricultural Land and Critical Areas. Up to 100 percent of the maximum residential, commercial or mixed use FAR bonus may come from the purchase of development rights as provided for in Chapter 18.37 BIMC. The cost of development rights shall be established by resolution of the city council.

C. Public Amenities and/or Infrastructure.

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

2. In lieu of contribution of funds as provided for in subsection C.1 of this section, and subject to approval by the director or designee, the public amenities FAR bonus may be achieved by the construction of public amenities and/or infrastructure beyond that required to mitigate the impacts of development. Public amenities and/or infrastructure projects shall be located in the Mixed Use Town Center or High School Road districts, and shall be chosen from projects identified in the six-year capital facilities program, or approved by the city.

D. Public Amenities – Community Open Space. In the ferry terminal district, up to 60 percent of the maximum residential, commercial or mixed use FAR bonus may be achieved by providing community open space of one acre, or 20 percent of the parcel area, whichever is greater. The community open space shall be located in or in the immediate vicinity of locations identified in Figure 9 of Chapter 4 (Open Space and Trails) of Exhibit B of Ordinance 98-11, the Winslow Master Plan. The open space must be located on the same parcel that is being developed, and must be on land that would be otherwise buildable. Adequate public access to the community open space must be provided. The city shall consider approving the bonus, taking into consideration the configuration, public use and accessibility of the proposed open space. In cases where a development project utilizes the community open space bonus provision in conjunction with the purchase of development rights bonus provision, all funds collected from the purchase of development rights shall go toward the preservation of agricultural lands fund.

E. Internal FAR Transfer Provision.

1. Up to 20 percent of the maximum residential, commercial or mixed use FAR bonus may come from transfers of FAR from parcels within the Mixed Use Town Center and the High School Road districts. The transfer shall create permanent open space through open space preservation covenants on sending parcels that contain critical areas as defined in Chapter 16.20 BIMC.

2. Development potential in the ravine of the gateway district may be shifted to the upland area; provided, that the requirements of Chapter 16.20 BIMC are satisfied.

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

G. Ferry Related Parking. In the ferry terminal district, an additional 0.2 FAR may be achieved by relocating existing legal surface ferry commuter parking (as shown on Figure 18 of the Winslow Master Plan, Exhibit B of Ordinance 98-11) to under-building or below grade parking. The percentage of the additional FAR that is achieved shall be dependent upon the percentage of parking that is relocated. For example, if 50 percent of existing surface ferry commuter parking is relocated under-building or below grade, then 50 percent of the total additional FAR (or 0.1 FAR) may be achieved. (Ord. 2005-08 § 2, 2005; Ord. 99-64 § 8, 1999: Ord. 99-17 § 7, 1999: Ord. 97-14 § 3, 1997. Formerly 18.40.050)

18.40.060 Utility defined.

For the purposes of this chapter, “utility” or “utilities” does not include wireless communications facilities as defined in Chapter 18.88 BIMC. (Ord. 97-14 § 3, 1997)