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Chapter 18.75
WATER-DEPENDENT INDUSTRIAL ZONE1Sections:
18.75.010 Purpose.
18.75.020 Permitted uses.
18.75.030 Conditional uses.
18.75.040 Development standards.
18.75.050 Performance standards.
18.75.010 Purpose.
The purpose of the water-dependent industrial zone is to preserve elements of a working waterfront by providing urban shoreline areas intended primarily for commercial, public and recreational uses that require direct contact with the water and cannot exist at a nonwater location due to the intrinsic nature of the operation. Small boat facilities, water-related uses serving marine needs and marine recreational uses are allowed. Development in this zone that is also located within the 200-foot regulated shoreline area must also meet the applicable standards of the Bainbridge Island Shoreline Management Master Program.
It is a further purpose of this zone to require that development and uses employ best management practices and best available facilities practices and procedures that minimize impacts and protect affected land uses, or the natural environment, including marine wildlife habitat areas, from potential air, water, noise, visual or other forms of pollution; and to encourage public access to the water through adjacent waterfront trails and other means that provide both physical and visual access to the water. (Ord. 2000-12 § 1, 2000)
18.75.020 Permitted uses.
A. Permitted uses in water-dependent industrial zones are subject to the Shorelines Management Act and shall include water-related commercial uses as follows:
1. Water-dependent industrial zoned property located both north and south of Eagle Harbor:
a. Pleasure and commercial vessel moorage;
b. Small boat haul out facilities;
c. Marine rental and sales;
d. Boat repair facilities;
e. Water-related supply and retail sales; and
f. Dry storage for boats and marine equipment.
2. Water-dependent industrial zoned property located north of Eagle Harbor:
a. Boat building;
b. Bulkhead and dock construction; and
c. Ferry terminal, slips and repair facilities.
B. Public parks and private parks with public access.
C. Accessory Uses.
1. On-site treatment and storage facilities for hazardous wastes associated with an outright permitted use, subject to state siting criteria, Chapter 70.105 RCW; and
2. Outdoor storage associated with an outright permitted use and not exceeding 1,000 square feet in area. (Ord. 2000-12 § 1, 2000)
18.75.030 Conditional uses.
A. Conditional uses for water-dependent industrial zoned property located south of Eagle Harbor are:
1. Boat building;
2. Barge moorage and off-load slips; and
3. Bulkhead and dock construction.
B. Conditional uses for all water-dependent industrial zoned property are:
1. Marine ways;
2. Cross-harbor passenger-only ferry terminal and associated parking;
3. Outdoor storage greater than 1,000 square feet in area and associated with an outright permitted use;
4. Public and private utility buildings and structures;
5. Water-oriented education, cultural, governmental or religious facilities, except that conference centers with overnight accommodations are not permitted;
6. Park and ride lots; and
7. Share-use park and ride lots. (Ord. 2000-12 § 1, 2000)
18.75.040 Development standards.
A. Minimum Lot Area. The minimum lot area shall be 20,000 square feet.
B. Maximum Lot Coverage. The maximum lot coverage shall not exceed 50 percent.
C. Setbacks.
1. When properties are adjacent to commercial, light manufacturing zones, or water-dependent industrial zones, a 10-foot setback shall be required along property lines.
2. For properties which are adjacent to a residential zone, a minimum of a 40-foot setback shall be provided.
D. Height Limitations.
1. For development located within the 200-foot shoreline area, the building and structure heights shall not exceed the city limitations as specified in the city of Bainbridge Island Shoreline Master Program designated shoreline environments.
2. The building height is 35 feet, except that buildings up to 45 feet may be allowed under a conditional use permit if, in addition to the requirements of Chapter 18.108 BIMC, it is demonstrated that (a) view opportunities are not substantially reduced; (b) fire flow is adequate; (c) no unstable slopes or soils are on the building site; (d) solar access of neighboring lots is not reduced; and (e) each setback requirement shall be increased one foot for each additional foot of building height allowed.
3. Structure height is 35 feet, except that taller structures up to 50 feet may be allowed with the issuance of a conditional use permit; provided, that (a) view opportunities are not substantially reduced; (b) structures shall not be permitted in required setbacks except as otherwise authorized by this code; (c) each setback requirement shall be increased one-half foot for every foot above the maximum structure height; (d) noncommercial, nonparabolic antennae affixed to noncommercial communication towers that are 50 feet or less in height above grade shall not require conditional use permits; (e) one flagpole 45 feet or less in height may be placed on a parcel without requiring a conditional use permit; (f) utility poles 50 feet or less in height shall not require conditional use permits; and (g) 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 structure is not larger or taller than the original structure and is not moved more than 20 feet from its original location.
E. Minimum Lot Dimensions. Lots shall have no minimum width or depth. (Ord. 2004-02 § 20, 2004: Ord. 2000-12 § 1, 2000)
18.75.050 Performance standards.
All uses allowed in the water-dependent industrial zone 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 property owner, 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. Pollution prevention and water quality protection shall be required of all development and operations of facilities that are located within 200 feet of the shoreline by employing best management practices and best available facilities practices and procedures for marine facilities provided by the Washington State Department of Ecology.
B. Noise. No use in this zone shall exceed the maximum environmental noise level, established by Chapter 173-60 WAC, as adopted in Chapter 16.16 BIMC.
C. 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.
D. 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.
E. Waste Storage and Disposal. The storage and 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.
F. Air Quality Emissions. No use in this zone 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, and shall apply to all air contaminants listed therein.
G. 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.
H. Ground and Soil Contamination. Materials used or produced in any 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.
I. 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.
J. Fire and Explosive Hazards. The 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. 2000-12 § 1, 2000)
Footnotes
Code Publishing Company
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