Chapter 18.66
NEIGHBORHOOD SERVICE CENTER

Sections:

18.66.010 Purpose.

18.66.020 Permitted uses.

18.66.030 Accessory uses.

18.66.040 Conditional uses.

18.66.050 Development standards.

18.66.060 Performance standards.

18.66.070 Density increases.

18.66.010 Purpose.

The purpose of the neighborhood service center is to provide a mix of neighborhood-scale commercial and service activity which is compatible with the scale, character, and intensity of the surrounding residential neighborhood and which minimizes the impact of noise, odor, lighting, fire safety, and transportation on the neighborhood and the impact on water quality, storm water runoff, and critical areas. (Ord. 98-20 § 13, 1998; Ord. 97-01 § 11, 1997)

18.66.020 Permitted uses.

Permitted uses in the neighborhood service center district are:

A. Single-family residences or multifamily residences in accordance with Chapter 18.30 BIMC, except as provided in BIMC 18.66.070;

B. Agriculture;

C. Bed and breakfast establishments;

D. Child day care centers;

E. Clubs;

F. Health care facilities, except veterinarian clinics;

G. Home occupations;

H. Parks, active recreation;

I. Parks, passive recreation;

J. Personal and professional services;

K. Commercial/residential mixed use developments; provided, that the residential units are located above the ground floor and are at a density not to exceed three units per acre or at the R-5 residential zone density when public sewer and water are provided;

L. Retail sales and servicing of goods sold, with building footprints not exceeding 5,000 square feet; provided, that take-out food restaurants are not permitted; businesses shall screen all outdoor storage in accordance with BIMC 18.66.050, except for outdoor storage for agricultural produce sales, or landscaping retail sales;

M. Auto repair services; and

N. Small engine repair. (Ord. 2005-29 § 30, 2005: Ord. 97-01 § 11, 1997)

18.66.030 Accessory uses.

Accessory uses in the neighborhood service center district are:

A. On-site treatment and storage facilities for hazardous wastes associated with permitted uses, subject to the state siting criteria of Chapter 70.105 RCW;

B. Outdoor storage subject to BIMC 18.66.060. (Ord. 97-01 § 11, 1997)

18.66.040 Conditional uses.

The types of conditional uses permitted in the NSC district, subject to Chapter 18.108 BIMC, include the following:

A. Commercial amusements;

B. Cultural facilities;

C. Educational, cultural, governmental, or religious facilities;

D. Entertainment facilities;

E. Gasoline service stations;

F. Parks, active recreation;

G. Park and ride lots;

H. Private and public utility buildings and structures;

I. Recreation activities, indoor;

J. Recreation activities, outdoor;

K. Recycling centers;

L. Retail buildings of a footprint greater than 5,000 square feet but less than 10,000 square feet;

M. Self-service storage facilities; provided, that no outdoor storage is visible from adjoining properties and public rights-of-way;

N. Shared-use park and ride lots;

O. Small-scale assembly, processing and manufacturing, such as food processing, machine shops, wood shops, and electronic parts assembly; provided, that the use does not adversely impact the neighborhood through noise, odor, lighting, fire safety and transportation;

P. Theaters;

Q. Veterinarian clinics. (Ord. 2005-29 § 31, 2005: Ord. 97-01 § 11, 1997)

18.66.050 Development standards.

The standards below shall apply to all uses allowed in the NSC district:

A. Minimum lot area: none.

B. Maximum lot coverage: 35 percent.

C. Minimum Setbacks.

1. Front setbacks, rear setbacks, and side setbacks shall not total less than 20 feet from any street, planned right-of-way or road easement, unless otherwise provided under special planning area provisions.

2. For properties adjacent to a residential zone, the requirements for a rear or side setback along a property line abutting the residential zone shall be the same as in the adjacent zone and shall be maintained as a buffer, unless otherwise provided under special planning area provisions.

D. Maximum building height: 35 feet. Forty-five feet may be allowed through a conditional use permit if, in addition to the requirements of Chapter 18.108 BIMC, it is demonstrated that: (1) view opportunities are not substantially reduced; (2) fire flow is adequate; (3) solar access of neighboring lots is not reduced.

E. Maximum Structure Height. 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) structures shall not be permitted in required setbacks except as otherwise authorized by this code; (3) each setback requirement shall be increased one-half foot for every foot above the maximum structure height; (4) noncommercial, nonparabolic antennae affixed to noncommercial communication towers that are 50 feet or less in height above grade shall not require conditional use permits; (5) one flagpole 45 feet or less in height may be placed on a parcel without requiring a conditional use permit; (6) utility poles 50 feet or less in height shall not require conditional use permits; and (7) utility structures existing on the effective date of the ordinance codified in this subsection that are taller than 50 feet shall not be considered nonconforming structures and may be replaced without a conditional use permit; provided, that the replacement structure is not larger or taller than the original structure and is not moved more than 20 feet from its original location.

F. Minimum Lot Dimension. Lots shall have a minimum width and depth of 80 feet.

G. Outdoor Storage and Trash Dumpsters.

1. Screening of Outdoor Storage. The screen height is determined by the height of the material or equipment being screened. Chain link fencing with neutral colored slatting is permitted along with vegetative screening when vegetative screening alone is not sufficient to block the outdoor storage from public view and where the fencing is not visible from a street. Exterior storage should be confined to portions of the site least visible from public view.

2. Trash dumpsters or any outdoor equipment, whether on roof or side of a structure, or on the ground, shall be screened from view. Screening shall be architecturally consistent with the adjacent structure in terms of materials. Mechanical equipment should be located below the highest vertical element of the building.

H. Drainage. All storm water runoff shall be detained and disposed of on site or disposed of in a system designed for such runoff and which does not flood or damage adjacent properties. Systems designed for runoff detention and control shall comply with specifications provided by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 15.20 BIMC, pertaining to community facilities.

I. Industrial Wastewater Disposal. Industrial wastewater includes wastewater resulting from (1) any process of industry, manufacture, trade or business; (2) the development of any natural resource; or (3) the washing of equipment and vehicles, or similar activities. Storm water runoff and runoff from the watering of landscaping is not included. Industrial wastewater shall not be discharged into an on-site septic system. Other relevant sections of this code shall apply.

J. Landscaping. Landscape screening shall be provided in accordance with Chapter 18.85 BIMC. (Ord. 2004-02 § 1, 2004; Ord. 97-01 § 11, 1997)

18.66.060 Performance standards.

All uses allowed in the NSC district shall conform to the performance standards of this section. Use, activity, or operation shall not violate existing state and federal environmental standards. It shall be the responsibility of the operator and/or the proprietor of any allowed use to provide such reasonable evidence and technical data as the director may require to demonstrate that the use or activity is or will be in compliance with the environmental performance standards. Failure of the director to require such information shall not be construed as relieving the operator and/or proprietor from compliance with the environmental performance standards of this code.

A. Noise.

1. No use in this district shall exceed the maximum environmental noise level, established by Chapter 173-60 WAC, as adopted in Chapter 16.16 BIMC. Noise transmitted from a NSC use and received by a non-NSC use shall meet noise source and receiving levels of the residential, or Class A, standard for EDNA of noise source per WAC 173-60-040(2).

2. Environmental Designation for Noise Abatement or EDNA.

a. Noise levels of any sound source, when measured in the manner and locations prescribed in Chapter 173-60 WAC shall not exceed the levels shown in the table below.

EDNA of EDNA of Receiving Property
Noise Source
Class A Class B Class C

Class A – Residential 55 dBA 57 dBA 60 dBA

Class B – Commercial 57 dBA 60 dBA 65 dBA

Class C – Industrial 60 dBA 65 dBA 70 dBA

b. Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by 10 dBA for receiving property within Class A EDNAs.

c. At any hour of the day or night the applicable noise limitations in subsections (A)(2)(a) and (b) of this section may be exceeded for any receiving property by no more than:

i. Five dBA for a total of 15 minutes in any one-hour period; or

ii. Ten dBA for a total of five minutes in any one-hour period; or

iii. Fifteen dBA for a total of one and one-half minutes in any one-hour period.

B. Glare and Heat. Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line.

C. Ground Vibrations. No ground vibration other than that caused by highway vehicles or construction activity shall be permitted which is discernible, without instruments, at or beyond the property line for the use concerned.

D. Waste Storage and Disposal, Including Hazardous Waste. The storage or disposal of industrial waste shall be in compliance with the regulations and requirements of the Bremerton-Kitsap health district, the State Department of Ecology, and Chapter 70.105 RCW as amended, and this code.

E. Air Quality Emissions. No use in this district shall produce emissions of smoke, dust and/or odors beyond the property boundary which may unreasonably interfere with any other property owner’s use and enjoyment of his/her property. In addition, all sources and emissions units are required to meet the emission and the ambient air quality standards specified in Chapter 173-400 WAC, and administered by the Puget Sound Air Pollution Control Authority (PSAPCA), and shall apply to all air contaminants listed therein.

F. Light. Exterior lighting, except for warning or emergency lighting, shall be hooded or shielded so direct illumination shall be confined to the property boundaries of the light source. No more than a maximum of one-half footcandle of illumination shall be permitted to fall upon any residential zoned property.

G. Ground and Soil Contamination. Materials used or produced in any manufacturing process shall be handled in such a manner as to prevent ground or soil pollution which destroys or endangers the support of natural vegetation or which may contaminate underground aquifers, or other natural drainage systems.

H. Electrical Interference. Provisions must be made for necessary shielding or other preventive measures against interference caused by mechanical, electrical, or nuclear equipment uses or processes with electrical apparatus in nearby buildings or use areas.

I. Fire and Explosive Hazards. The manufacture, use, processing or storage of flammable liquids or materials, liquids or gases that produce flammable or explosive vapors or gases shall be permitted in accordance with the regulations of the adopted Uniform Fire Code and the Uniform Building Code. A hazardous materials impact analysis, conforming to the requirements of the Bainbridge Island fire district, shall be required to determine potential off-site impacts and mitigation precautions. (Ord. 97-01 § 11, 1997)

18.66.070 Density increases.

Density may be increased as follows:

A. Three units per acre with the provision of transfer of development rights (TDRs), in accordance with Chapter 18.37 BIMC; or

B. Three units per acre with the provision of affordable housing, in accordance with the provisions of Chapter 18.90 BIMC; or

C. Five units per acre, in accordance with Chapter 18.20 BIMC, with the provisions of TDRs and public sewer and water; or

D. Five units per acre, in accordance with Chapter 18.20 BIMC, the provision of affordable housing in accordance with Chapter 18.90 BIMC, and public sewer and water; or

E. Up to 12 units per acre for those specific parcels located in Lynwood Center and so designated on the land use map as NSC/R-12 for the Lynwood Center special planning area, in accordance with the following provisions:

1. The development is commercial/residential mixed use with the residential units located above the ground floor;

2. Public sewer and water are provided;

3. The requirements of BIMC 18.66.020, 18.66.030, 18.66.040, 18.66.050, 18.66.090 and Chapter 18.90 BIMC are met;

4. A community center is constructed that is of similar style and quality to the entire development, is no less than 2,000 square feet, provides kitchen facilities, public restrooms and outside access. The community center is to be used primarily for community functions. (Ord. 97-28 § 1, 1997; Ord. 97-01 § 11, 1997)