A. Agriculture.
1. Applicability. These provisions apply to activities which are primarily commercial, including cultivation of soil, production of crops, or the raising of livestock. Gardening activities primarily for on-site consumption and maintenance of household pets shall be considered accessory to residential uses.
2. Regulation – General. Agriculture is prohibited in the shoreline jurisdiction.
B. Aquaculture.
1. Applicability. These provisions apply to the commercial cultivation and harvesting of fish, shellfish or other aquatic animals or plants, and also to noncommercial harvesting, and to the incidental preparation of fish and shellfish for human consumption, or cultivation for restoration purposes. Aquaculture is dependent on the use of the water and, when consistent with control of pollution and prevention of damage to the environment, is a preferred use of the water area. When properly managed, aquaculture can result in long-term over short-term benefit and can protect the resources and ecology of the shoreline. Aquaculture activities may be subject to the regulations found in BIMC 16.12.050.D, Dredging and Dredge Material Disposal, depending on site-specific circumstances. Aquaculture activities will be reviewed under the no net loss provisions of BIMC 16.12.030.B.2, Environmental Impacts, and may also be reviewed under BIMC 16.12.030, General (island-wide) regulations; BIMC 16.12.030.B.5, Critical Areas; and BIMC 16.12.030.B.6, Water Quality and Stormwater Management. Other portions of this program may also apply.
2. Regulations – Prohibited.
a. Aquaculture is prohibited in the natural and priority aquatic designations, except as provided in subsection B.3.a of this section.
b. Aquaculture that uses or releases herbicides, pesticides, antibiotics, fertilizers, parasites, pharmaceuticals, genetically modified organisms, feed or other materials known to be potentially harmful into surrounding waters is prohibited, unless:
i. When conducted for native population recovery in accordance with government/tribal approved plan and all state and federal regulations; or
ii. If approved by all appropriate state and federal agencies and proof thereof is submitted to the city.
c. Mechanical and/or hydraulic harvesting or other activities that involve substantial substrate modification shall be prohibited in existing kelp beds or in beds of native eel grass (Zostera marina).
3. Regulations – General.
a. Aquaculture may be allowed as follows:
i. Aquaculture as a conditional use in shoreline residential, urban, and adjacent aquatic designations.
ii. Community shellfish gardens are allowed as a conditional use in the island conservancy, shoreline residential conservancy, shoreline residential, and urban designations, and in adjacent aquatic designations.
iii. Individual shellfish gardens are allowed in the island conservancy, shoreline residential conservancy, shoreline residential and urban shoreline designations and in adjacent aquatic designation Priority B. They also are allowed in aquatic Priority A when for the recovery of native populations, restoration, or personal use.
b. When a shoreline conditional use permit is issued for a new aquaculture use or development, that permit shall apply to the initial siting, construction, and/or planting or stocking of the facility or farm, and shall be valid for the period specified in the permit.
c. Aquaculture shall avoid:
i. A net loss of ecological functions or processes;
ii. Adverse impacts to eelgrass and macro algae;
iii. Significant conflicts with navigation and water-dependent uses;
iv. The spread of disease to native aquatic life;
v. Establishing new non-native species that cause significant ecological impacts;
vi. Significant impacts to shoreline aesthetic qualities; and/or
vii. Significant modifications of the substrate.
4. Regulations – Design Standards.
a. Floating and submerged aquaculture structures shall be located to avoid or minimize interference with navigation and the normal public use of the surface waters. Floating structures shall remain shoreward of principal navigation channels. Other restrictions on the scale of aquaculture activities to protect navigational access may be necessary based on the size and shape of the affected water body. Netting and fencing shall be the minimum necessary to deter targeted predators and shall not exceed six feet in height, as measured from water surface.
b. Aquacultural structures and activities that are not water-dependent (e.g., warehouses for storage of products, parking lots) shall be located landward of the OHWM, upland of water-dependent portions of the project, and shall avoid or minimize detrimental impacts to the shoreline.
c. Hatchery and other aquaculture operations shall be required to maintain a vegetated buffer zone along the affected stream as prescribed in BIMC 16.12.030.B.5; provided, that clearing of vegetation shall be permitted for essential water access points.
d. Onshore support structures shall meet the height and setback standards established in Table 16.12.030-2, Dimensional Standards Table, except that reduced setbacks may be permitted through a shoreline variance where necessary for the operation of hatcheries and rearing ponds.
e. The following shall be limited to the minimum size or number necessary for approved aquaculture development, uses, and activities:
i. Submerged or intertidal structures.
ii. Land-based facilities.
iii. Structures which modify substrate.
f. Floating/hanging aquaculture facilities and associated equipment, except navigation aids, shall use colors and materials that blend into the surrounding environment in order to minimize visual impacts. All materials, including those used for incidental aquaculture for personal consumption, shall be marked with owners’ contact information to provide identification after storm disturbance. All floating and submerged aquaculture facilities in navigable waters shall comply with all applicable state and federal requirements.
g. Floating aquaculture facilities may require a visual impact analysis consisting of information comparable to that found in the Department of Ecology’s Aquacultural Siting Study (1986), as updated. Such analysis may be prepared by the applicant without professional assistance; provided, that it includes an adequate assessment of impacts, as determined by the administrator.
h. For aquacultural projects using overwater structures, storage of necessary tools and apparatus waterward of the OHWM shall be limited to containers of not more than three feet in height, as measured from the surface of the raft or dock; provided, that, in locations where the visual impact of the proposed aquaculture structures will be minimal, the city, based upon written findings and without requiring a variance, may authorize storage containers of greater height. In such cases, the burden of proof shall be on the applicant. Materials which are not necessary for the immediate and regular operation of the facility shall not be stored waterward of the ordinary high water mark. A temporary sanitation station may be allowed on fixed overwater pier structures when utilities are not available within a reasonable distance.
i. Shellfish gardens for personal consumption are allowed on private lands provided the following can be met:
i. They comply with all state and federal regulations, including transfer and harvest permits required by WDFW;
ii. The cultivation and harvesting is limited to native species of shellfish acquired from a licensed source consistent with state law; and
iii. The operation may utilize bottom culture or off-bottom culture bags if in accordance with best management practices and it does not significantly alter the tidal bed.
5. Regulations – Operational Standards.
a. Aquaculture structures and equipment shall be of sound construction and shall be so maintained. Abandoned or unsafe structures and equipment shall be removed or repaired promptly by the owner. Aquaculture operations that do not conform with this master program are considered discontinued if the use has ceased for a period of more than five years.
b. Operational monitoring may be required if and to the extent that is necessary to determine, ensure, or confirm compliance with predicted or required performance, including periodic benthic analysis or noise pollution monitoring in accordance with Chapter 16.16 BIMC. Such monitoring requirements shall be established as a condition of the permit and shall be conducted at the applicant’s (operator’s) expense.
c. No processing of any aquacultural product, except for the sorting or culling of the cultured organisms and the washing or removal of surface materials or organisms, shall occur in or over the water after harvest, unless specifically approved by permit. All other processing and processing facilities shall be located on land and shall be governed by these provisions and the policies and regulations of other applicable sections of the master program, in particular, provisions addressing commercial and industrial uses.
d. Aquaculture wastes shall be disposed of in a manner that will ensure compliance with all applicable governmental waste disposal standards. No garbage, wastes, or debris shall be allowed to accumulate at the site of any aquaculture operation (Chapter 8.16 BIMC).
e. Predator control shall not involve the killing or abusive harassment of birds or mammals. Approved controls include, but are not limited to, double netting for seals, overhead netting for birds, fencing or netting for otters. The use of other nonlethal, non-abusive predator control measures shall be contingent upon receipt of written approval from the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service, as required.
f. All nets shall be maintained in accordance with all applicable state and federal requirements. If a state or federal permit is not required, cleaning of nets and other apparatus shall be accomplished by air drying, spray washing or hand washing, rather than chemical treatment and applications.
6. Commercial Geoduck Requirements.
a. In addition to other provisions in this subsection B, commercial geoduck aquaculture will be administered consistent with WAC 173-26-241(3)(b)(ii), (iii), and (iv). Where there is inconsistency between the provisions in subsections B.1 through B.6 of this section and the geoduck provisions, the specific commercial geoduck provisions apply.
b. A conditional use permit is required for all new commercial geoduck aquaculture and conversions from existing nongeoduck aquaculture to geoduck aquaculture. CUPs for new commercial geoduck and conversions will be administered consistent with WAC 173-26-241(3)(b)(ii), (iii), and (iv).
C. Boating Facilities.
1. Applicability. Boating facilities include marinas (both backshore and foreshore, dry storage, and wet moorage and open water types), boat launch ramps, covered moorage, marine railways, and marine travel lifts (refer to BIMC 16.12.080, Definitions). Community, yacht club, camp, and resort moorage facilities must comply with boating facility requirements if they provide moorage for six or more vessels. Both marina and nonmarina boating facilities, including single-family, must comply with BIMC 16.12.030, General (island-wide) regulations, including the standards in Tables 16.12.030-1 through 16.12.030-3; BIMC 16.12.020, Shoreline designation regulations; and BIMC 16.12.050.C, Overwater Structures. Boating facilities development will be reviewed under the no net loss provisions of BIMC 16.12.030.B.2, Environmental Impacts, and may also be reviewed under BIMC 16.12.030.B.3, Vegetation Management; BIMC 16.12.030.B.5, Critical Areas; BIMC 16.12.030.B.6, Water Quality and Stormwater Management; and Chapter 15.18 BIMC, Land Clearing, when applicable. Other portions of this program may also apply.
Accessory uses found in marinas may include fuel docks and storage, boating equipment sales and rental, repair services, boat launches, bait and tackle shops, potable water, waste disposal, administration, parking, and grocery and dry good shops. Uses which are not clearly accessory are also subject to the respective provisions in this section. (Examples might include commercial, industrial, or transportation facilities.)
Regulations governing boating activities in the bays and harbors of Bainbridge Island contained in Chapter 12.24 BIMC, Waterfront Park and Other City Harbors, and Chapter 12.40 BIMC, Watercraft and Floating Homes, may also apply. See BIMC 16.12.050.C.5.h and i for regulations governing mooring buoys. Boating facility development and/or renovation shall comply with all other applicable state and federal agency policies and regulations including, but not limited to, the Department of Fish and Wildlife, Washington Department of Natural Resources, federal marine sanitation standards (Environmental Protection Agency 1972) requiring water quality certification from the U.S. Army Corps of Engineers (33 USC 403), U.S. Army Corps of Engineers dredging standards (33 USC 404), and state and federal standards for the storage of fuels and toxic materials.
2. Regulations – Prohibited.
a. Boating facilities in the shoreline residential conservancy, island conservancy, natural, and priority aquatic designations, except that boating facilities may be permitted as a conditional use in public parks designated island conservancy.
b. Backshore marinas involving the creation of a basin for wet moorage.
c. Covered moorage.
d. Floating homes.
3. Regulations – General.
a. Boating facilities, including marinas, shall be allowed as follows:
i. Boating facilities shall be permitted in the urban designation and allowed as a conditional use in the shoreline residential designation.
ii. Boating facilities in the aquatic designation are allowed as permitted in the adjacent upland designation pursuant to Table 16.12.030-2.
iii. One public open water moorage and anchorage area shall be permitted in the aquatic designation located in Eagle Harbor.
b. Accessory uses at a marina or public launch ramp shall be limited to those which are water-dependent, related to boating, necessary for marina operation, or which provide physical or visual shoreline access to a substantial number of the general public. Accessory uses shall be consistent in scale and intensity with the marina and/or launch ramp and surrounding uses.
c. All marina developments shall provide boater education addressing boater impacts on water quality and other shoreline resources, and boater safety and requirements for boater use of sewage pump-outs to their marina users.
d. Live-aboard vessels, including houseboats, shall be permitted only in marinas. No more than 10 percent of the surface area of a marina or 10 percent of its slips, whichever is less, shall be devoted to live-aboard vessels, including houseboats, except that the percentage of live-aboard vessels in marinas may be increased through an approved conditional use permit (WAC 332-30-171 or its successor).
4. Regulations – Location.
a. When new marina sites are considered, sufficient evidence must be presented to show there is a regional demand and existing marinas are inadequate and cannot be expanded to meet regional demand.
b. Marinas shall be sited to prevent any restrictions in the use of commercial and recreational shellfish beds or commercial aquaculture operations. The specific distance shall be determined in conjunction with the Washington State Department of Health Services, the Washington State Department of Ecology, and other agencies with expertise. Criteria for determining the specific distance may include:
i. The size and depth of the water body;
ii. Tidal flushing action in the project area;
iii. Size of the marina and projected intensity of use;
iv. Whether fuel will be handled or stored;
v. Location of a sewer hook-up; and
vi. Expected or planned changes in adjacent land uses that could result in additional water quality impacts or sanitary treatment requirements.
c. Marinas shall be allowed only on stable shoreline areas where water depth is adequate to eliminate or minimize the need for channel dredging (for construction or maintenance), soil disposal, filling, beach enhancement, and other harbor and channel maintenance activities.
d. Marinas shall be located only in areas where there is adequate water mixing and flushing and shall be designed so as not to reduce or negatively influence flushing characteristics.
e. Boating facilities shall not require fixed breakwaters.
f. Marinas shall be clearly separated from beaches commonly used for swimming and shall provide signage and provide protection measures to ensure the safety of swimmers.
g. Marinas shall not be located at or along:
i. Significant littoral drift cells, including resource material areas, such as feeder bluffs and accretion beaches, barrier beaches, points, sand spits and hooks; or
ii. Wetlands, marshes, bogs, swamps and lagoons; or
iii. Mud flats and salt marshes; or
iv. Fish and shellfish spawning and rearing areas.
h. Marinas shall not extend waterward farther than the following limits:
i. The construction limit line or the harbor structure limit line as depicted in Figures 16.12.050-2 and 16.12.050-3; except the public open water moorage and anchorage areas shall be allowed waterward of the construction limit line.
ii. Where no limit line is depicted, not more than 200 feet beyond extreme low tide, the 18 MLLW depth contour, or the line of navigation, whichever is closer to the shore. However, the distance from shore may be less in locations where it is necessary to protect the navigational rights of the public (WAC 332-30-122(1)(ii) or its successor).
5. Regulations – Design/Renovation/Expansion.
a. Proposals for marinas shall include public launch facilities unless the applicant can demonstrate that providing such facilities is not feasible.
b. Boating facilities shall be designed, constructed and maintained to:
i. Provide thorough flushing of all enclosed water areas and shall not restrict the movement of aquatic life requiring shallow water;
ii. Minimize interference with geohydraulic processes and disruption of existing shore forms;
iii. Be aesthetically compatible with existing shoreline features and uses;
iv. Avoid adverse proximity impacts such as noise, light and glare;
v. Include vegetative screening for parking, and upland storage areas and facilities consistent with landscaping standards for parking lots as prescribed in BIMC 18.15.010, Development standards and guidelines; landscaping, screening, and tree retention, protection, and replacement; and
vi. Include public restrooms, accessory parking or other recreational uses according to the scale of the facility.
c. Short-term loading/unloading areas and hand-launch storage areas may be located at ramps or near berthing areas and should be constructed of pervious material. Long-term parking and dry moorage and all other storage areas shall be set back at a distance of 100 feet from the OHWM.
d. Public access, both visual and physical, such as viewpoints or walkways, shall be an integral part of all marina design and development commensurate with the particular proposal and must meet the standards of BIMC 16.12.030.C.4, Public Access – Visual and Physical.
e. Innovative construction techniques and construction methods of foreshore marinas may be allowed when demonstrated to the satisfaction of the administrator that the design will prevent degradation of fish migration, critical saltwater habitat and/or shellfish resources.
6. Regulations – Utilities.
a. All marinas shall have accessible boat sewage disposal systems or other pump-out services available on site. Existing marinas shall comply within one year of the effective date of this regulation.
b. The marina shall provide facilities for the adequate collection and dumping of marina originated materials, including but not limited to, sewage, solid waste, and petroleum waste.
c. All marinas shall provide restrooms for boaters’ use, including upland or floating facilities supporting open water moorage and anchorage areas. Upland restrooms shall be located within 75 feet of the landward end of the dock or pier and floating restroom facilities shall be located to conveniently serve the tenants. Restrooms shall be identified by signs and be accessible to tenants 24 hours a day.
i. Marinas with fewer than 10 slips shall provide one toilet and hand washing facility.
ii. Marinas with 10 to 100 slips shall provide one toilet and hand washing facility for each gender.
iii. Marinas exceeding 100 slips shall provide an additional toilet and lavatory for each gender.
iv. Existing marinas shall comply within one year of the effective date of this regulation.
d. Distribution systems for plumbing and wiring at a marina site shall be placed at or below ground and dock levels, in accordance with national marine standards.
e. Public boat launch facilities shall provide and maintain at least one restroom or portable toilet; required number may increase based on projected level of service.
f. Public boat launch facilities that also include a public dock shall provide and maintain a dump station.
7. Regulations – Management and Operations.
a. The discharge of sewage and/or toxic material from boats and/or shore installations is prohibited. The responsibility for the adequate and approved collection and disposal of marina originated sewage, solid waste, and petroleum waste is that of the marina operator. An emergency spill kit and use instructions shall be provided for tenants in an easy to access area and be accessible 24 hours a day.
b. Commercial fish or shellfish processing discharge or discarding of unused bait, scrapfish, or viscera shall be prohibited.
c. Swimming shall be prohibited within marina facilities unless the swimming area is adequately separated, protected, and posted.
d. If dredging at marina entrances changes the littoral drift processes and adversely affects adjacent shores, the marina operator shall be required to periodically replenish these shores with the appropriate quantity and quality of aggregate as determined by a geohydraulic study, paid for by the operator or owner and completed to the satisfaction of the administrator.
e. Temporary vacant moorage spaces shall be made available for “transient moorage” (less than two-week stay) when at least one of the following applies:
i. The marina is owned, operated, or franchised by a governmental agency for use by the public;
ii. The marina provides more than 3,000 lineal feet of moorage; or
iii. The marina is part of a mixed-use development which includes restaurants or other water-enjoyment uses.
f. Additional transient moorage requirements may be established for Eagle Harbor in the Winslow master plan.
g. Marina operators shall execute a lease, contract, or deed which establishes permission to use a slip for a stated period of time and which establishes conditions for use of the slip, including the requirement that all boats meet applicable sanitation regulations.
h. Live-aboard vessels must comply with all marine regulations, policies and procedures of the Coast Guard, federal and state governments which pertain to health, safety and/or environmental protection. Proof of seaworthiness of the vessel and the adequacy of the mooring arrangement must be provided and laws governing all the citizens of Bainbridge Island must be obeyed.
i. New marinas shall meet the following before occupancy, and existing marinas shall comply with the following within one year from adoption of this program:
i. Marinas which dispense fuel shall have adequate facilities and establish posted operational procedures for fuel handling and storage to prevent/minimize accidental spillage.
ii. Marinas shall have facilities, equipment, such as emergency spill kits, and established posted procedures for containment, recovery, and mitigation of spilled petroleum, sewage, and toxic products.
iii. Marina operators shall post signs where they are readily visible to all marina users describing regulations:
(A) Pertaining to handling and disposal of waste, wastewater, toxic materials, and recycling;
(B) Prohibiting the use of marine toilets (i.e., no untreated sewage discharge);
(C) The disposal of fish and shellfish cleaning wastes; and
(D) Describing best management practices (BMPs) for boat maintenance and repairs on site.
iv. Garbage or litter receptacles shall be provided and maintained by the marina operator at several locations convenient to users in sufficient numbers to properly store all solid waste generated on site.
v. Marina docks shall be equipped with adequate lifesaving equipment such as:
(A) Life rings, hooks, ropes and ladders, or equivalent, on the end of fingers; and/or
(B) One ladder (per side) either every 100 linear feet of the dock, or every six slips whichever is greater. This regulation does not apply to a float which is less than 100 feet from a shoreline; or
(C) At least one ladder to serve a float with six or more slips and is 100 linear feet in length or less.
8. Regulations – Boat Launches (Includes Marine Railways).
a. Regulations – Prohibited. Boat launches are prohibited in:
i. Significant littoral drift cells, including resource material areas such as feeder bluffs and accretion beaches, points, spits and hooks; except for a public launch as provided for in subsection C.8.b.ii of this section;
ii. Wetlands, marshes, bogs, swamps, and lagoons;
iii. Mud flats and salt marshes; and
iv. Fish spawning and rearing areas and commercial or recreational shellfish areas.
b. Regulations – Design and Location.
i. Launch ramps shall be:
(A) Located on stable shorelines where water depths are adequate to eliminate or minimize the need for:
(1) Offshore or foreshore channel construction dredging; or
(2) Maintenance dredging; or
(3) Spoil disposal; or
(4) Filling; or
(5) Beach enhancement; or
(6) Other harbor and channel maintenance activities;
(B) Located in areas where there is adequate water mixing and flushing; and
(C) Designed so as not to retard or negatively influence flushing characteristics.
ii. For public launch ramps, innovative or hinged boat launches may be permitted on marine accretion shoreforms; provided, that continual grading is not required. When grading is permitted it must not adversely affect ecological functions and ecosystem-wide processes. Accessory facilities shall be located out of critical areas.
iii. Public boat launches may be allowed on stable banks where current deflectors or other stabilization structures will not be necessary.
iv. Boat launches shall not be permitted where the upland within 25 feet of the OHWM has a slope that exceeds 25 percent grade and/or where substantial cutting, grading, filling, or defense work is necessary.
v. Boat launches, minor accessory buildings, and haul-out facilities shall be designed to be in character and scale with the surrounding shoreline.
vi. Boat launches shall be built from flexible, hinge-segmented pads which can adapt to changes in beach profiles, unless a solid structure is demonstrated to be more appropriate for the intended level of use.
vii. Boat launches shall be placed and kept near flush with the foreshore slope to minimize the interruption of geo-hydraulic processes and critical saltwater habitat.
viii. Marine railways for boat launching shall be located the minimum distance necessary above existing grade to minimize impact on littoral drift and navigation along the shoreline.
ix. Boat launch facilities shall be clearly separated from beaches commonly used for swimming and shall provide signage and provide protection measures to insure the safety of swimmers.
D. Commercial Development.
1. Applicability. Uses associated with commercial development which are identified as separate uses in the master program are also subject to those regulations. Examples are industry, boating facilities, transportation facilities, and utilities. Commercial development and related shoreline modification activities, such as piers, docks, and bulkheads, will be reviewed under the no net loss provision of BIMC 16.12.030.B.2, Environmental Impacts, and may also be reviewed under BIMC 16.12.020, Shoreline designation regulations; BIMC 16.12.030, General (island-wide) regulations, including the standards in Tables 16.12.030-1 through 16.12.030-3; BIMC 16.12.030.B.3, Vegetation Management; BIMC 16.12.030.B.4, Land Modification; BIMC 16.12.030.B.5, Critical Areas; BIMC 16.12.030.B.6, Water Quality and Stormwater Management; BIMC 16.12.050, Shoreline modification regulations; and Chapter 15.18 BIMC, Land Clearing, as applicable. Other portions of this program may also apply.
2. Prohibited. Non-water-oriented commercial uses, except as provided in subsection D.3 of this section.
3. Regulations – General.
a. Commercial uses should be located on shorelines with existing compatible commercial uses and regulated in the shoreline designations as follows:
i. Water-oriented commercial use and development shall be permitted in the urban designation and may be allowed under a conditional use permit in the shoreline residential designation.
ii. Water-dependent commercial development that requires an overwater location may be permitted in the aquatic designation when permitted in the upland environment.
iii. Non-water-oriented commercial uses are prohibited in the shoreline except as provided in subsection D.3.a.iv of this section or as follows:
(A) As a conditional use in the urban designation when located on a site physically separated from the shoreline by another property in separate ownership or by a public right-of-way such that water access is precluded; provided, that the property conditions were lawfully established prior to the effective date of this program; and
(B) As a permitted use if located in a mixed-use development in the urban designation as subordinate to a more dominant water-oriented commercial, residential or recreational use contained in the same development, and which also provides significant public benefit amenities such as public open space or recreation, public access, or shoreline restoration.
(C) The requirements of this section shall not apply to those non-water-oriented commercial uses located on a site physically separated from the shoreline where access to the land/water interface is precluded.
iv. Water-oriented and non-water-oriented commercial uses may be permitted in a mixed-use development within the Mixed Use Town Center districts, provided:
(A) The site is physically separated from the shoreline by another property in separate ownership or by a public right-of-way such that water access is precluded; provided, that the property conditions were lawfully established prior to the effective date of this program; and
(B) Water-oriented commercial or non-water-oriented commercial development is subordinate to the residential use.
b. A use or development shall not be considered water-dependent, water-related or water-enjoyment until the administrator makes the determination that the proposed design, layout and operation of the use or development meets the definition and intent of the water-dependent, water-related or water-enjoyment designation.
c. Where commercial development is allowed, it shall be located, designed and constructed in a manner that minimizes adverse impacts to shoreline resources and shall include mitigation to ensure no net loss of shoreline ecological functions and processes pursuant to BIMC 16.12.030.B.2, Environmental Impacts.
d. New commercial development and redevelopment shall provide public access in conformance with the public access requirements of BIMC 16.12.030.C.4.
e. When permitted, proposals that include non-water-oriented commercial uses shall provide a significant public benefit in addition to any required public access, as follows:
i. Additional public access in the form of unrestricted open space. The administrator shall determine the amount of access on a case-by-case basis in accordance with the provisions of BIMC 16.12.030.C.4, Public Access – Visual and Physical.
ii. If no water-oriented commercial uses are located on or adjacent to the water as part of a mixed use development, 80 percent of the shoreline and associated buffers shall be preserved or restored to provide shoreline ecological functions and processes that approximate the functions provided by the site in natural conditions.
iii. The requirements in subsections D.3.e.i and ii of this section may be modified when:
(A) The site is designated as a public access area by a shoreline public access plan, in which case public access consistent with that plan element shall be provided; or
(B) Specific findings are made demonstrating that the size of the parcel and the presence of adjacent uses preclude restoration of shoreline ecological functions and processes. Where on-site restoration is infeasible, equivalent off-site restoration shall be provided consistent with the policies and regulations of this program.
iv. Where restoration is proposed, buffers shall be designed as appropriate to protect shoreline resources based on a specific restoration plan and may differ from the standard buffer dimensions provided in Table 16.12.030-3; provided, that the building envelope for the proposed non-water-oriented use shall be based on current site conditions.
4. Regulations – Design and Location.
a. The design and location of commercial facilities shall meet the following:
i. Those portions of the commercial development which are accessory to and not considered water-dependent and/or do not require direct contact with the water shall be set back from the shoreline at a sufficient distance to minimize impacts to water quality, to other shoreline uses and to the shoreline as a scenic view. (See BIMC 16.12.020, Shoreline designation regulations; BIMC 16.12.030.B.6, Water Quality and Stormwater Management; and Dimensional Standards Table 16.12.030-2.)
ii. Water-dependent commercial development shall be designated and operated to promote joint use of overwater and accessory facilities such as:
(A) Piers;
(B) Docks;
(C) Storage;
(D) Restrooms; and
(E) Parking.
iii. When demonstrated, to the satisfaction of the administrator, not to be feasible, the requirements of subsections D.4.a.i and ii of this section may be reduced in scope or waived.
E. Forest Practices.
1. Applicability. Forest Practices are primarily regulated by the Washington Department of Natural Resources under WAC Title 222 or its successor pursuant to the Forest Practices Act (Chapter 76.09 RCW or its successor). This section supplements those regulations. Activities which are not regulated under the Forest Practices Act are subject to clearing and grading provisions in BIMC 16.12.030.B.4, Land Modification. Forest practices are subject to BIMC 16.12.020, Shoreline designation regulations; BIMC 16.12.030, General (island-wide) regulations; and BIMC 16.12.050, Shoreline modification regulations. Forest practices and related activities will be reviewed under the no net loss provisions of BIMC 16.12.030.B.2, Environmental Impacts, and may also be reviewed under BIMC 16.12.030.B.3, Vegetation Management; BIMC 16.12.030.B.5, Critical Areas; BIMC 16.12.030.B.6, Water Quality and Stormwater Management; Chapter 15.18 BIMC, Land Clearing; and Chapter 16.22 BIMC, Vegetation Management, when applicable. Other portions of this program may also apply.
2. Regulations – General.
a. Under the authority of planning and zoning granted to the city under RCW 76.09.240, the city of Bainbridge Island considers all forested areas within its jurisdiction as “lands with a likelihood of future conversion” from forest use as defined under WAC 222-16-060.
b. Conversion of forest land to nonforestry uses (Class IV general forest practice permit) shall be reviewed in accordance with the provisions for the proposed nonforestry use and the provisions in the shoreline master program and shall be subject to any permit requirements associated with the nonforestry use.
i. Timber harvesting shall not be permitted until local plat approval or other applicable land use authorization has been given, and any required shoreline permits have been issued for the land division(s) or intended use(s).
c. All timber harvesting and forest practices except conversions conducted with a Class IV general permit shall comply with the current rules and regulations adopted under the
Forest Practices Act and the timber, fish, and wildlife agreement or their successors.
d. Timber harvesting and forest practices conducted under a Class II, III, or IV special permit from the Department of Natural Resources shall not be regulated by this program and shall not require a shoreline permit. These permit categories shall only be authorized for lands that meet the definition of DNR forestland, including any policies of DNR relating to proximity of structures to hazard trees.
e. Site preparation by burning and scarification piles shall be prohibited within shoreline jurisdiction.
f. When timberland is to be converted to another use, such conversion shall be clearly indicated on the forest practices application. Failure to indicate the intent to convert the timberland to another use on the application will result in subsequent conversion proposals being reviewed as conditional use applications. Such failure to declare intent to convert on the application may provide adequate grounds for denial of subsequent conversion proposals for a period of six years from the date of the forest practices application approval (RCW 76.09.060(3)(b)(i) or its successor).
g. Commercial timber cutting within the shoreline jurisdiction shall be by selective harvest and shall not exceed 30 percent of the merchantable trees in any 10-year period as required by WAC 222-30-110.
F. Industrial Development.
1. Applicability. Industrial development, uses and activities that are identified as separate uses but associated with industrial development or use are subject to the following provisions. Examples include transportation facilities, utilities, dredging, landfill, piers and docks, and bulkheads. Industrial development will be reviewed under the no net loss provisions of BIMC 16.12.030.B.2, Environmental Impacts, and BIMC 16.12.020, Shoreline designation regulations, and may also be reviewed under BIMC 16.12.030, General (island-wide) regulations; BIMC 16.12.030.B.3, Vegetation Management; BIMC 16.12.030.B.5, Critical Areas; BIMC 16.12.030.B.6, Water Quality and Stormwater Management; BIMC 16.12.050, Shoreline modification regulations; and Chapter 15.18 BIMC, Land Clearing, when applicable. Other portions of this program may also apply.
2. Regulations – Prohibited.
a. Storage and/or disposal of industrial wastes within shoreline jurisdiction.
b. Log storage in water.
c. Non-water-oriented industrial development.
3. Regulations – General.
a. Water-dependent industry shall be permitted in the urban designation, and those portions of the aquatic designation which are waterward of the urban designation, and shall be prohibited in all other designations. Water-related industry shall be a conditional use in the urban designation and prohibited in all other designations. Non-water-oriented industry shall be prohibited in all designations.
b. Where industrial development is allowed, it shall be located, designed and constructed in a manner that minimizes adverse impacts to shoreline resources and shall include mitigation to ensure no net loss of shoreline ecological functions and ecosystem-wide processes.
i. Water-dependent industrial uses, such as small boat haul-out and repair facilities, or vessel fueling facilities, shall be given preference over water-related and water-enjoyment industrial and port uses.
ii. A use or development shall not be considered water-dependent, water-related or water-enjoyment until the administrator makes the determination that the proposed design, layout and operation of the use or development meets the definition and intent of the water-dependent, water-related or water-enjoyment designation.
c. Proposed industrial development shall be consistent with any applicable comprehensive waterfront and/or long-range harbor development plans, and should be coordinated with applicable adopted regional and state plans.
d. New industrial development shall be compatible with existing adjacent uses of the shoreline designation in which it is located.
e. Proposed industrial development shall:
i. Be located to maximize the use of legally established, existing industrial facilities; and
ii. Be located in areas where environmental cleanup and restoration can be accomplished; and
iii. Avoid duplication of pier and dock facilities before expanding into undeveloped areas or building new facilities.
f. Water-related industrial development shall be set back from the OHWM a sufficient distance to avoid disturbance of the shoreline buffer or shoreline vegetation management area. (See BIMC 16.12.030, General (island-wide) regulations; BIMC 16.12.030.B.3, Vegetation Management; and Tables 16.12.030-1 through 16.12.030-3 for dimensions.)
g. Accessory industrial development which does not require a location at or near the water’s edge shall be located upland of the water-dependent portions of the development, and outside of the shoreline buffer or vegetation management area as established in BIMC 16.12.030, General (island-wide) regulations, and Table 16.12.030-3.
h. New industrial development that includes offshore facilities, floating docks and deep-water port expansion shall be permitted by conditional use permit, and only when it can be demonstrated that:
i. Such development is fundamental for the allowed industrial operation; and
ii. Such development results in no net loss of shoreline ecological functions or ecosystem-wide processes.
i. At new or expanded port and/or industrial developments the best available facilities practices and procedures, as specified by state and local agencies, shall be employed for the safe handling of fuels and toxic or hazardous materials to prevent them from entering the water, and optimum means shall be employed for prompt and effective clean-up of those spills that do occur.
4. Regulations – Design and Location.
a. The design and location of industrial facilities shall meet the following:
i. Those portions of the industrial development that are accessory to and not considered water-dependent and/or do not require direct contact with the water shall be set back from the shoreline at a sufficient distance to minimize impacts to water quality, to other shoreline uses and to the shoreline as a scenic view. (See BIMC 16.12.020, Shoreline designation regulations; BIMC 16.12.030.B.6, Water Quality and Stormwater Management; and Tables 16.12.030-1 through 16.12.030-3.)
ii. Industrial facilities shall be designed and operated to promote joint use of overwater and accessory facilities, whenever practicable, such as:
(A) Piers;
(B) Docks;
(C) Storage;
(D) Restrooms; and
(E) Parking.
iii. Consistent with provisions in BIMC 16.12.030.C.4, Public Access – Visual and Physical, ports and/or water-dependent industry shall provide public access to the shoreline.
iv. Documentation of compliance with noise standards of Chapter 16.16 BIMC.
b. Display and other exterior lighting shall be designed and operated to minimize glare impacts to nearby properties and local traffic, and shall meet the lighting standards of BIMC 18.15.040.
5. Regulations – Ship and Boat Building and Repair Yards. Boatyards and mobile services shall employ best management practices (BMPs) concerning the various services and activities performed and to address potential impacts on the surrounding water quality. Standards for BMPs shall be found in the Washington State Department of Ecology’s most recent editions of the “Boatyard General Permit, National Pollution Discharge Elimination System (NPDES)” and the “Storm Water Pollution Prevention Plan for Facilities Covered Under the Boatyard General Permit.”
G. Mining.
1. Applicability. Mining is the removal and primary processing of naturally occurring materials from the earth for economic use. For purposes of this definition, “processing” includes screening, crushing, stockpiling, all of which utilize materials removed from the site where the processing activity is located. Mining activities also include in-water dredging activities related to mineral extraction. Processing does not include general manufacturing, such as the manufacture of molded or cast concrete or asphalt products, asphalt mixing operations, or concrete batching operations.
2. Regulations – General.
a. Mining, including the excavation of sand, gravel, and other minerals, shall be prohibited within the shoreline jurisdiction.
b. Impacts to shorelands and water bodies due to mining operations upland of the shoreline jurisdiction shall be minimized and meet no net loss provisions of BIMC 16.12.030.B.2, Environmental Impacts.
H. Recreational Development.
1. Applicability. These provisions apply to recreational development, not to casual use of undeveloped open space. They also apply to both publicly and privately owned facilities intended for use by the general public, private clubs, groups, associations, or individuals. Recreational development will be reviewed under the no net loss provisions of BIMC 16.12.020, Shoreline designation regulations; BIMC 16.12.030, General (island-wide) regulations; Tables 16.12.030-1 through 16.12.030-3; BIMC 16.12.030.B.2, Environmental Impacts; and may also be reviewed under BIMC 16.12.030.B.3, Vegetation Management; BIMC 16.12.030.B.5, Critical Areas; BIMC 16.12.030.B.6, Water Quality and Stormwater Management; BIMC 16.12.050, Shoreline modification regulations; Chapter 15.18 BIMC, Land Clearing; Chapter 16.16 BIMC, Noise Regulations; and BIMC 18.15.040, Outdoor lighting, when applicable. Other portions of this program may also apply.
2. Regulations – Prohibited.
a. Motorized vehicular access on all beaches and spits, except at approved boat launching facilities (subsection C of this section, Boating Facilities).
b. Golf courses in the natural designations.
c. Golf course fairways which cross streams.
d. Use of fertilizers, pesticides, or other toxic chemicals is prohibited unless an exception is provided pursuant to BIMC 16.12.030.B.6, Water Quality and Stormwater Management.
e. The use of jet skis and similar recreational equipment shall be prohibited in the priority aquatic Categories A and B designations.
3. Regulations – General.
a. Water-oriented recreational development is a priority use of the shoreline, and the primary focus shall be to provide access to and enjoyment of the water and shorelines of the state and shall be consistent with the development regulations for the shoreline designation in which it occurs. Valuable shoreline resources and fragile or unique areas such as marshes, bogs, swamps, estuaries, wetlands, and accretion shoreforms (such as sand spits or accretion beaches) shall be used only for passive and nondestructive recreational activities.
i. Active water-oriented recreational uses shall be consistent with the shoreline designation in which it is being proposed and shall be permitted in the island conservancy, shoreline residential conservancy, shoreline residential, urban, and aquatic designations. Active recreational development is prohibited in the priority aquatic designation; however, vessels shall be allowed:
(A) As provided in BIMC 12.40.060; or
(B) In priority aquatic Category B when:
(1) Operated at five knots or less or such that a wake is not created; and
(2) Operated at a noise decibel that does not cause adverse impact to wildlife.
ii. Recreational development to accommodate passive (non-intensive) water-dependent and/or water-oriented recreational or educational uses shall be allowed as a conditional use in the natural designation, except public trails and public stairways are permitted as a shoreline substantial development or shoreline exemption, when designed to minimize adverse environmental impacts in accordance with BIMC 16.12.030.B.2, Environmental Impacts.
iii. Passive recreational development shall be allowed in the priority aquatic designation.
b. Water-oriented recreational use and/or development shall be allowed when the proponent demonstrates that it will not result in a net loss of shoreline ecological functions or processes or have adverse impacts on other shoreline uses, resources and/or values such as navigation and public access, and will provide mitigation in accordance with BIMC 16.12.030.B.2, Environmental Impacts.
c. Activities provided by recreational facilities must have a substantial relationship to the shoreline, or provide physical or visual access to the shoreline. Facilities for water-dependent recreation such as fishing, clamming, swimming, boating, and wading, and water-related recreation such as picnicking, hiking, and walking should be located near the shoreline, while non-water-related recreation facilities shall be located upland.
i. Within the natural designation a single active use area shall be allowed with appropriate compensatory mitigation to accommodate water-oriented and non-water-oriented cultural events and water-related passive recreational uses near the log pond at Blakely Harbor Park, as shown on the shoreline designation map.
d. Recreational development on the shoreline shall provide physical or visual public access consistent with this program and BIMC 16.12.030.C.4, Public Access – Visual and Physical.
e. Recreational development on the shoreline shall protect existing shoreline vegetation consistent with this program and BIMC 16.12.030.B.3, Vegetation Management.
f. The city shall consult applicable state and local health regulations when issuing shoreline permits for recreational facilities (WAC Title 248 or its successor).
g. Recreational development is required to comply with local and regional recreation plans and link to linear open space, recreational, or scenic systems as provided in the State Comprehensive Outdoor Recreation Planning (SCORP) document, Bainbridge Island metropolitan park and recreation district comprehensive park, recreation, and open space plan, the city of Bainbridge Island’s Winslow master plan, and the city of Bainbridge Island’s nonmotorized transportation plan.
h. The use of motor vehicles including unlicensed off-road vehicles is permitted only on roads and trails specifically designated for such use. Such use is prohibited on tidelands, backshore beaches, streams, or wetlands, except as necessary for public health and safety or maintenance or as provided in subsection H.5.a of this section, Regulations – Operations.
4. Regulations – Design and Location.
a. Recreational development shall be located, designed and constructed to maintain, enhance, or restore scenic views, aesthetic values, and public access, as appropriate. Through the site planning and permit review process, the city may adjust and/or prescribe project dimensions or location of on-site project components, intensity of use, screening, parking requirements, and setbacks as deemed appropriate to meet the recreational needs of the project and the standards of this program.
b. Recreational developments shall provide vehicular access and parking in accordance with BIMC 16.12.030.C.3, Parking, and shall provide facilities for nonmotorized access to the shoreline, such as bicycle and/or pedestrian paths, as prescribed in the city’s nonmotorized transportation plan.
c. Shoreline trails and pathways shall be located, designed, constructed and maintained to protect bank stability.
d. All permanent active recreational structures and facilities shall be located outside officially mapped floodplains and floodways. Passive recreation structures, such as picnic tables, benches, viewing platforms may be allowed provided mitigation is provided.
e. Substantial accessory use facilities, such as restrooms, recreation halls and gymnasiums, commercial services, across roads and parking areas, shall be set back from the OHWM according to Table 16.12.030-2. These areas may be linked to the shoreline by walkways.
f. Trails utilized for motorized vehicles, including golf carts, shall be set back 200 feet from the OHWM, unless these are combined with a public access trail system. If combined with a public access trail, trails shall be located at least 100 feet from the OHWM.
g. The removal of on-site vegetation shall be limited to the minimum necessary for recreational development areas and pursuant to BIMC 16.12.030.B.3, Vegetation Management.
h. Recreational buildings or structures shall not be built over water, except as provided in subsection C of this section, Boating Facilities, and BIMC 16.12.050, Shoreline modification regulations.
i. Proposals for recreational development shall include adequate facilities for water supply and sewage and garbage disposal and recycling commensurate with the intensity of the proposed use. Where sewage treatment facilities are not available, the appropriate reviewing authority shall limit the intensity of development to meet local and state on-site sewage disposal requirements. On-site sewage disposal systems shall be located landward of the development, unless not feasible due to site or development constraints; and provided, that the location of the on-site disposal system is consistent with requirements of the reviewing and permitting authority.
j. Recreational facilities shall incorporate appropriate mitigation to minimize light and noise impacts on adjacent and nearby public and private property through the use of screening, native vegetation, fences, signs and related measures.
k. Recreational proposals for publicly owned shoreline parks shall provide the following:
i. Recreational development and activities shall provide appropriate public recreational opportunities and promote the ecological restoration of the shoreline environment. Public shoreline areas are intended to provide access to, and enjoyment and use of, the water and shorelines while conserving ecological functions and processes, and protecting shoreline resources and fragile areas.
ii. Best management practices (BMPs) and low impact development (LID) techniques shall be incorporated into the design, construction, and operation of public recreation proposals in order to reduce erosion impacts and prevent harmful concentrations of chemicals and sediments from entering water bodies and meet the standards of BIMC 16.12.030.B.6, Water Quality and Stormwater Management.
iii. Educational and historical interpretation specific to the site’s shoreline ecology and local history shall be incorporated into the design and operation of a public shoreline recreational development through site amenities such as interpretive signs or other amenities.
5. Regulations – Operations.
a. Operation of motorized vehicles, including utility and maintenance vehicles, shall only be allowed in designated areas specifically designed for vehicular use.
b. The use of jet skis and similar recreational equipment shall be restricted in critical saltwater habitat areas.
c. A chemical management plan designed to eliminate the possibility of damage to riparian vegetation, wildlife, and surface and groundwater quality shall be prepared and implemented for golf courses located in shoreline jurisdiction.
d. Recreational fires in commercial uses, public parks and common areas shall only be allowed in accordance with fire code regulations in Chapter 20.12 BIMC, Burning Restrictions, and within designated barbeque fire pits, which shall be designed and spaced to facilitate the control of fires both within recreational facilities, between adjacent properties, and on public lands.
6. Regulations – Golf Courses – Design and Location. Golf courses shall be a conditional use requiring both a conditional use permit and a substantial development permit in the upland shoreline designations of island conservancy, residential conservancy, residential, and urban designations.
I. Residential Development.
1. Applicability. All development in the shoreline jurisdiction must comply with the Shoreline Management Act (Chapter 90.58 RCW or its successor) and the master program. While an individual owner-occupied, single-family residence and its “normal appurtenances” are exempt from the requirement that a shoreline substantial development permit (SSDP) be obtained from the local government (WAC 173-27-040 or its successor), it must comply with this section and other provisions of the master program. Subdivisions and short plats must also comply with all applicable provisions.
Residential development, when permitted by BIMC Title 18, Zoning, and this master program, will be reviewed under the no net loss provisions of BIMC 16.12.030, General (island-wide) regulations; BIMC 16.12.030.B.2, Environmental Impacts; and may also be reviewed under BIMC 16.12.030.B.3, Vegetation Management; BIMC 16.12.030.B.4, Land Modification; BIMC 16.12.030.B.5, Critical Areas; BIMC 16.12.030.B.6, Water Quality and Stormwater Management; BIMC 16.12.030.C.4, Public Access – Visual and Physical; BIMC 16.12.030.C.7, Utilities (Primary and Accessory). Other portions of this program may also apply.
2. Regulations – Prohibited.
a. New overwater residential development, including floating homes.
b. New land subdivision that would require shoreline stabilization (WAC 173-26-231(3)(a)(iii)(A)).
c. Increase in intensity, including height or bulk, for any existing legally established overwater residence, or for those portions of a residence that are located over the water.
d. New accessory dwelling units in the Point Monroe District.
3. Regulations – General.
a. Residential development shall be permitted in the shoreline residential, shoreline residential conservancy, and urban designations; shall be conditional uses in the island conservancy designation; and shall be prohibited in the natural, aquatic, and priority aquatic designations.
b. Multifamily development shall be permitted in the shoreline residential and urban designations, and prohibited in the shoreline residential conservancy, island conservancy and natural designations.
c. Accessory dwelling units shall be allowed as a conditional use in the shoreline residential conservancy, shoreline residential and urban designations and prohibited in the Point Monroe District, natural designation, and island conservancy designation.
d. Land subdivision, consistent with BIMC Title 17, is permitted in the shoreline residential, shoreline residential conservancy, and urban designations, and shall be allowed as a conditional use in the natural and island conservancy designations.
e. Residential development shall meet setback and height standards in Table 16.12.030-2 and dimensional provisions of BIMC Title 18, Zoning.
f. Residential development shall meet all provisions of BIMC 16.12.030.B.2, Environmental Impacts, such that the development results in no net loss to shoreline environmental functions and processes.
g. The buffer dimensional requirements in Table 16.12.030-3 shall apply to residences and appurtenances, except when a site-specific analysis is provided in accordance with BIMC 16.12.030.B.3, Vegetation Management, or for new development proposed for the Point Monroe District, which shall meet vegetation requirements of BIMC 16.12.030.B.3.c.ix, Special Provisions for Point Monroe District. Residential development shall retain and protect existing native vegetation, or restore and enhance native vegetation according to the vegetation management and land modification provisions of BIMC 16.12.030.B.3 and 4.
h. Side setbacks, except in the urban designation and the Point Monroe District, shall total at least 30 percent of the lot width. Side setback requirement for the Point Monroe District shall total at least 15 percent of the lot width. These yards shall remain free of buildings and impervious surfaces as described below.
i. Building. The minimum side setback shall be established by BIMC Title 18, Zoning. Setbacks for each accessory building shall conform to the side setbacks required of, or established by, the primary residential building. Structures in the side setbacks may not exceed four feet in height from existing grade, except that fences on the side property line may have an additional two feet of nonscreening material for a total of six feet. Approved shoreline stabilization measures may be installed within the side setbacks.
ii. Impervious Surfaces. No more than a total of 200 square feet of impervious surface is allowed in the side yard setback outside of the shoreline standard buffer, site-specific vegetation management area or Point Monroe vegetation management area.
iii. Average Lot Width Measurement. In determining allowed setback for this subsection, lot width shall be measured as depicted in Chapter 18.12 BIMC, Dimensional Standards.
i. All residential development shall meet the requirements of Chapter 15.20 BIMC, Surface Water and Stormwater Management, and BIMC 16.12.030.B.6, Water Quality and Stormwater Management.
j. Home occupations meeting the criteria of BIMC Title 18 shall be considered a residential use.
4. Regulations – Primary Residential Design and Location.
a. Residential development, except in the Point Monroe District (subsection I.4.b of this section), shall follow the provision for shoreline exemptions pursuant to the shoreline master program administrative section, BIMC 2.16.165, and shall:
i. Be located and designed to avoid the need for shoreline stabilization and flood protection works for the life of the structure, as provided for in BIMC 16.12.050.B.12, Regulations – Subdivisions, and BIMC 16.12.030.B.7, Flood Hazard Management.
ii. Be located and designed to protect existing ecological function in accordance with BIMC 16.12.030.B.2, Environmental Impacts, and BIMC 16.12.030.B.3, Vegetation Management, and use low impact development techniques of BIMC 16.12.030.B.6.c.iii to:
(A) Minimize area of disturbance as provided in BIMC 16.12.030.B.4, Land Modification; and
(B) Minimize soil compaction; and
(C) Infiltrate stormwater runoff when the site is suitable for infiltration.
iii. Provide a stormwater conveyance that is designed according to the provisions of BIMC 16.12.030.B.6, Water Quality and Stormwater Management.
iv. Be located to protect existing views from primary structures on adjacent properties.
(A) Primary structures shall meet the provisions for structure setback line as provided in BIMC 16.12.030.B.3, Vegetation Management, and shall follow the provisions for shoreline exemption permit in the shoreline master program administration section of BIMC 2.16.165.
v. Designed to provide a physical separation to reinforce the distinction between public and private space. Including but not limited to:
(A) Providing vegetation screening in a landscape plan approved by the administrator and developed in accordance with requirements in BIMC 16.12.030.B.3, Vegetation Management, and BIMC 18.15.010, Development standards and guidelines; landscaping, screening and tree retention, protection, and replacement;
(B) Providing an open space setback recorded on plat or title; or
(C) Fencing or other means.
b. Special Provisions for Point Monroe District – Primary and Accessory Structures. Residential development within the Point Monroe District shall follow the provisions for shoreline exemption permits in BIMC 2.16.165, Shoreline master program administration, and shall meet provisions of subsections I.4.a.i through iii and v of this section and the following:
i. Each lot is permitted a development area that is intended to accommodate the primary residence, garage, accessory structure, parking and driveway that does not exceed 50 percent of the upland lot area, up to a maximum development area of 1,400 square feet. On-site septic systems may be located outside of this development area.
ii. All new primary structures shall be located a minimum of 30 feet from the OHWM.
iii. Stabilization and flood protection works may be allowed provided the need is demonstrated as specified in BIMC 16.12.050.B.9 or 10, shoreline stabilization, and BIMC 16.12.030.B.7, Flood Hazard Management.
iv. Overwater structures may be allowed pursuant to BIMC 16.12.030.B.2, Environmental Impacts, and BIMC 16.12.050.C.2.a, overwater structures.
5. Regulations – Accessory Design and Location.
a. Except in the Point Monroe District, accessory uses and structures proposed within the shoreline buffer or site-specific vegetation management areas shall meet the standards of BIMC 16.12.030.B.3, Vegetation Management.
i. Accessory structures allowed in the shoreline buffer in Table 16.12.030-1 shall follow the provision for a shoreline exemption in the shoreline master program administration section, BIMC 2.16.165.
b. In the Point Monroe District, accessory structures, except approved docks or shoreline stabilization, shall be located a minimum of 15 feet from the OHWM.
6. Regulations – Residential Subdivisions (Single-Family and Multifamily, Including ADU).
a. Subdivision of properties in water designations, aquatic and priority aquatic, shall be regulated the same as the adjacent upland.
b. Land subdivision shall be designed to assure future development will not require shoreline stabilization for 100 years from date of submittal as demonstrated by a geotechnical report.
c. All new subdivisions shall provide for vegetation management to mitigate cumulative impacts of intensification of use and open space to assure establishment and continuation of a vegetation community pursuant to BIMC 16.12.030.B.3, Vegetation Management.
d. Accessory dwelling units are conditional uses for all lots wholly or partially within the shoreline jurisdiction.
e. New subdivisions or all multifamily residential developments shall provide a community recreation and/or open space area for the benefit of all residents or property owners in the development; provided, that such provisions shall not apply to lot line adjustment, lot consolidation, and subdivision of land into four or fewer lots.
f. New subdivisions or all multifamily residential development of less than four lots shall provide a common physical or visual access for the benefit of all residents or property owners in the development, which also meets the provisions of no net loss in BIMC 16.12.030.B.2, Environmental Impacts. An access easement shall be recorded on the face of the plat or title report.
i. If one or more dwelling unit exists prior to the division of land or further residential development, the feasibility of providing a common access shall be determined by the administrator.
g. New or altered residential developments of more than four dwelling units adjacent to the waterfront shall dedicate, improve, and maintain public access area sufficient to ensure usable access to the shoreline for all residents of the development and the general public. The amount and configuration of public access shall depend on the proposed use(s), provisions in BIMC 16.12.030.C.4, Public Access – Visual and Physical, and the following criteria:
i. Subdivisions within the shoreline jurisdiction that have views of water areas shall provide a public pedestrian viewing area.
ii. Subdivisions adjacent to public waterways and marine waters shall provide visual and physical access to public waterways, public marine waters, and public tidelands that are physically accessible at low tide or low water.
iii. Subdivisions subject to requirements for dedication of land to provide open space or mitigate recreation demands of the development shall dedicate such land on or adjacent to public waterways or marine shorelines, as applicable, unless the ecological sensitivity of such land precludes public access. Portions of the dedicated area may be fenced or otherwise restricted to limit public access to ecologically sensitive areas.
7. Regulations – Residential Development Overwater.
a. Live-aboard vessels shall be allowed only at marinas or in the public open water marina in Eagle Harbor in accordance with subsection C of this section, Boating Facilities.
b. All subdivisions shall record a prohibition on new single-use private docks on the face of the plat. Shared moorage with less than six slips shall meet provisions for community docks in subsection C of this section, Boating Facilities. Shared moorage with six or more slips shall meet provisions in subsection C of this section.
c. An existing overwater primary residential use may continue, and the structure may be repaired, maintained, increased in height and remodeled in accordance with BIMC 16.12.030.C.1, Nonconforming Uses, Nonconforming Structures and Nonconforming Lots, but the use may not be intensified and the overwater structure may not be enlarged or expanded over water.
d. The upland portion of an existing primary residential structure that is partially located over water may be repaired, maintained, remodeled or expanded to the extent allowed by this program and in accordance with BIMC 16.12.030.C.1, Nonconforming Uses, Nonconforming Structures, and Nonconforming Lots. (Ord. 2020-17 § 3 (Exh. A), 2020; Ord. 2014-04 § 3 (Exh. 1 § 5), 2014)