Chapter 18.72
LIGHT MANUFACTURING ZONE

Sections:

18.72.010 Purpose.

18.72.020 Permitted uses.

18.72.030 Repealed.

18.72.040 Conditional uses.

18.72.050 Development standards.

18.72.060 Design guidelines.

18.72.070 Performance standards.

18.72.010 Purpose.

The purpose of this district is to facilitate development of a diverse economy on the island with business retention, growth, and innovation. The district is intended to provide opportunities for knowledge-based businesses and expansion of Island businesses, for diversity of jobs, and for low-impact industrial activity that is compatible with adjoining residential neighborhoods.

It is a further purpose of this district to encourage proper site planning and design of developments in order to minimize traffic congestion, visual impacts, environmental impacts, and other impacts and use conflicts within and beyond the district’s boundaries as enabled through development and performance standards. (Ord. 2005-01 § 6, 2005: Ord. 97-01 § 13, 1997)

18.72.020 Permitted uses.

The following principal uses, along with their customary accessory uses, such as administrative offices, parking lots, outdoor storage of supplies or manufactured products, employee lunch and recreation rooms, limited on-site sales of products, and a single residential unit for security and/or insurability of the premises, are permitted in the light manufacturing district. Both the principal uses and accessory uses must comply with the applicable development standards and performance standards listed in BIMC 18.72.050 and 18.72.070, respectively.

A. Businesses located within a building and involving assembling, distributing, fabricating, manufacturing, packaging, printing, processing, publishing, recycling, repairing, servicing, storing, or wholesaling of goods or products;

B. Research and development businesses including, but not limited to laboratories for scientific research, testing and experimental development that can be performed with minimal adverse impact on, and pose no special hazard to, the environment and the community;

C. Office businesses;

D. Communication towers and antennas;

E. Utility facilities;

F. Child day care centers;

G. Educational facilities, including vocational schools, preschools (including kindergarten classes), martial arts academies, and other facilities not classified as public or private schools offering primary and secondary education through the high school level;

H. Equestrian facilities;

I. Food service; provided, that formula take-out food restaurants as defined in BIMC 18.06.370 are not permitted; and provided, that the food service meets the development standards of BIMC 18.72.070(J);

J. Artist studios;

K. Veterinary offices; and

L. Indoor kennels. (Ord. 2005-01 § 7, 2005: Ord. 97-01 § 13, 1997)

18.72.030 Accessory uses.

Repealed by Ord. 2005-01. (Ord. 98-15 § 1, 1998: Ord. 97-01 § 13, 1997)

18.72.040 Conditional uses.

The following principal uses, along with their customary accessory uses, such as administrative offices, parking lots, outdoor storage of supplies or manufactured products, employee lunch and recreation rooms, limited on-site sales of products, and a single residential unit for security and/or insurability of the premises, are conditional uses in the light manufacturing district. Both the principal uses and accessory uses must comply with the applicable development standards and performance standards listed in BIMC 18.72.050 and 18.72.070, respectively.

A. Any principally permitted use whose operations are predominantly out of doors rather than completely enclosed within a building. These uses include, but are not limited to, outdoor assembly businesses, equipment and vehicle yards, and outdoor recycling facilities;

B. Commercial moving and freight terminals;

C. Cultural and religious facilities;

D. Educational facilities meeting the definition of common schools referred to in Article IX of the State Constitution and established by law and maintained at public expense and private learning institutions established by law and maintained at private expense, offering primary and secondary education through the high school level;

E. Shared-use park and ride facilities;

F. Park and ride facilities;

G. Manual car wash facilities;

H. Professional services;

I. Recreational activities, indoor;

J. Recreational activities, outdoor, except equestrian facilities;

K. Hospitals, medical centers, and medical offices; and

L. Outdoor kennels. (Ord. 2005-01 § 9, 2005: Ord. 97-01 § 13, 1997)

18.72.050 Development standards.

The standards below shall apply:

A. Minimum lot area: 20,000 square feet.

B. Maximum lot coverage: 35 percent.

C. Minimum front setback: 50 feet along any public right-of-way.

D. Minimum rear setback: 15 feet; 50 feet when abutting a residentially zoned property. The city may increase this to a maximum of 100 feet depending on the type, scale, and intensity of the proposed use, subject to site plan review.

E. Minimum side setback: 10 feet; 50 feet when abutting a residentially zoned property. The city may increase this to a maximum of 100 feet depending on the type, scale, and intensity of the proposed use, subject to site plan review.

F. 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; and (4) the appearance of the neighborhood will not substantially change.

G. 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 antennas 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 September 8, 2003, 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.

H. Wireless communications towers over 35 feet in height shall require site plan and design review pursuant to BIMC 18.105.020.A.4.

I. Parking, Circulation and Loading. Parking and circulation requirements of Chapter 18.81 BIMC and parking lot landscape standards of BIMC 18.85.070 shall apply with the following additions:

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

2. The primary vehicular access for light manufacturing developments shall avoid a street or easement that primarily serves residential uses.

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

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

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

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

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

J. 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.

3. Trash and recycling containers shall be located to mitigate noise impacts to nearby residential properties.

K. 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.

L. On-Site Storm Water. In addition to the applicable storm water management requirements of Chapter 15.20 BIMC, a site plan and design review proposal for applicable light manufacturing property shall include means to integrate and re-use on-site storm water as a site amenity. For example, storm water detention ponds can be designed as a site feature, or storm water can be collected and re-used for irrigation for on-site agricultural open space or required landscaping.

M. 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.

N. Landscaping. Light manufacturing uses shall visually screen the development year-round from adjacent, nonindustrial properties and from adjacent roadways. Landscape screening shall be provided in accordance with Chapter 18.85 BIMC.

O. Relationship to Adjoining and Nearby Uses. A proposed development must be sited and designed to minimize potential safety hazards to adjoining and nearby developments. Specifically, a project shall be designed in a manner that minimizes conflicts between vehicular and nonmotorized traffic. Additionally, a development shall be fenced and buffered, as necessary, to impede potentially dangerous travel between different types of uses, such as between a manufacturing operation and day care center. Outdoor operations, such as loading docks and playgrounds, shall be located as far away as possible from residences and other noise sensitive uses. Lastly, outdoor lighting shall conform to the standards stipulated in Chapter 15.34 BIMC.

P. Design Guidelines. The site design shall be consistent with the light manufacturing design guidelines of Chapter 18.41 BIMC and any other design guidelines applicable to the proposed project.

Q. Transit Accommodation. A proposed site plan shall accommodate bus stops along public rights-of-way in locations identified by Kitsap Transit.

R. Open Space. All areas identified as critical areas and their buffers under Chapter 16.20 BIMC shall be designated as open space.

1. Open Space Conservation Easement. A conservation easement approved by the director shall be placed on the designated open space and shall be recorded with the Kitsap County auditor along with the open space management plan (OSMP) as required in subsection R.3 of this section.

2. Uses Allowed within Designated Open Space. Within open space areas, uses must conform with the provisions of Chapter 16.20 BIMC.

3. Open Space Management Plan. An open space management plan (OSMP) shall be prepared by the applicant for review and approval by the city at the time of the application submittal. The OSMP shall include provisions that allow the periodic inspection of the open space by the city. The OSMP shall be recorded with the Kitsap County auditor. The OSMP shall include the following:

a. A list of all approved uses for the open space areas. If a property has a variety of critical areas, the specific locations of each set of permitted uses shall be depicted graphically.

b. A management plan which clearly describes the frequency and scope of maintenance activities.

c. Identification of the entity responsible for the maintenance of the open space areas.

d. Maintenance of Open Space Areas. Open space areas shall be maintained permanently by the property owner, the property owner’s association, or the public agency for publicly owned properties. In the event that open space is not maintained consistent with the OSMP, the city shall have the right to provide the maintenance thereof, and bill the owner for all costs incurred by the city for the maintenance. Such bill shall become delinquent 20 days after the date of mailing, and on the amount due interest shall accrue on and after the date of delinquency at 12 percent per annum or the rate authorized by state statute, whichever is lower. Upon delinquency of 60 days, a lien shall be placed on the property. (Ord. 2006-16 § 1, 2006: Ord. 2005-01 § 10, 2005: Ord. 2004-02 § 1, 2004; Ord. 2003-11 § 3, 2003; Ord. 97-01 § 13, 1997)

18.72.060 Design guidelines.

The light manufacturing design guidelines, BIMC 18.41.070, shall apply. (Ord. 99-65 § 3, 1999)

18.72.070 Performance standards.

All uses allowed in the LM 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 an LM use and received by a non-LM 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 Noise Source	EDNA of Receiving Property
	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 Clean Air Agency (PSCAA), 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.

J. Food Services. Food services in the LM district must meet the following standards:

1. The use is limited in size so that it functions as a service intended for the convenience of the employees of the LM district;

2. The use is located interior to the LM district or is fully screened from public streets;

3. The indoor area occupied by the food service business shall be limited to 2,000 square feet;

4. Food service available to employees and customers shall be limited to the hours of the on-site businesses, between 5:00 a.m. and 6:00 p.m.; and

5. No signage shall face primary and secondary arterials or collector streets.

K. On-Site Retail Sales. On-site sales to the general public must comply with the following standards:

1. Sales are limited to goods or products manufactured or utilized on the premises;

2. Sales to the general public are clearly subordinate to the primary use of the property as permitted in the LM district; store-front retail businesses are not permitted in the LM district;

3. There shall be no signage advertising the on-site sales to the general public;

4. There shall be no additional on-site parking allowed beyond what is required for the primary use; and

5. Notwithstanding subsections K.1 through 4 of this section, semiannual sales to the general public of items manufactured on-site is allowed; provided, that each sales event lasts no more than two consecutive days. (Ord. 2005-01 § 11, 2005: Ord. 97-01 § 13, 1997)