A. Purpose. A minor conditional use permit is a mechanism by which the city may require specific conditions on development or the use of land to ensure that designated uses or activities are compatible with other uses in the same zone and in the vicinity of the subject property. If imposition of conditions will not make a specific proposal compatible the proposal shall be denied.
B. Applicability.
1. As determined by the director, this procedure shall apply to (a) all conditional uses listed as agricultural uses in Table 18.09.020; (b) conditional uses listed in Table 18.09.020 other than an educational, cultural, governmental, religious, or health care facility, where the director determines that the anticipated impacts of those conditional uses will be minor or minimal; or (c) uses that are clearly consistent and compatible with other uses in the same zone or vicinity. Properties within jurisdiction of the shoreline master program, as defined by Chapter 16.12 BIMC, or containing critical areas or critical area buffers, as defined by Chapter 16.20 BIMC, may require review pursuant to those chapters.
2. Exemptions. Although a site plan review may be required, the following types of activities are not required to obtain a minor conditional use permit.
a. Any activity that does not require a building permit or is not considered a change of use as determined by the director;
b. A one-time expansion of the square footage of an existing use up to 25 percent, regardless of ownership;
c. Interior work that does not alter the exterior of the structure or affect parking standards as determined by the director;
d. Normal building maintenance and/or repair;
e. Maintenance or expansion of existing parks where the proposed activities are exempt from SEPA review in accordance with WAC 197-11-800.
3. The provisions of this section shall supplement those of BIMC 2.16.020 and 2.16.030 when the application is for minor conditional use. In the event of a conflict between the provisions of BIMC 2.16.020 or 2.16.030 and this section, the provisions of this section shall govern.
C. Procedures. Minor conditional uses shall be approved through the general administrative review procedures described in BIMC 2.16.030 except as described below. Application materials for minor conditional use can be found in the administrative manual.
D. Nonagricultural Minor Conditional Use Decision Criteria. A nonagricultural minor conditional use or an agricultural research facility may be approved if:
1. The conditional use is consistent with applicable design guidelines in BIMC
Title 18. The conditional use is compatible with the established and intended character of the neighborhood, considering factors that include, but are not limited to, hours of operation, the type of activities generated by the use, and the predictable levels of any adverse impacts; and
2. The conditional use will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and
3. The conditional use is consistent with the comprehensive plan and other applicable adopted community plans, including the Island-Wide Transportation Plan; and
4. The conditional use complies with all other applicable provisions of the BIMC; and
5. All necessary measures have been taken to eliminate or reduce to the greatest extent possible the impacts that the proposed use may have on the immediate vicinity of the subject property; and
6. Noise levels shall be in compliance with BIMC 16.16.020 and 16.16.040.A; and
7. The streets and nonmotorized facilities as proposed are adequate to accommodate anticipated traffic; and
8. The city engineer has determined that the conditional use meets the following decision criteria:
a. The conditional use conforms to regulations concerning drainage in Chapters 15.20 and 15.21 BIMC; and
b. The conditional use will not cause an undue burden on the drainage basin or water quality and will not unreasonably interfere with the use of properties downstream; and
c. The streets and nonmotorized facilities as proposed align with and are otherwise coordinated with streets and nonmotorized facilities serving adjacent properties and are adequate, safe, efficient and consistent with the Island-Wide Transportation Plan; and
d. If a traffic study shows that the use will have an adverse impact on traffic, including nonmotorized traffic, the impact shall be mitigated as required by the city engineer; and
e. If the conditional use will rely on public water or sewer services, there is capacity in the water or sewer system (as applicable) to serve the conditional use, and the required service(s) can be made available at the site; and
f. The conditional use conforms to the “City of Bainbridge Island Engineering Design and Construction Standards and Specifications,” unless the city engineer has approved a deviation from the standards; and
9. The Kitsap public health district has determined that the conditional use meets the following decision criteria:
a. The proposal conforms to current standards regarding domestic water supply and sewage disposal; or if the proposal is not to be served by public sewers, then the lot has sufficient area and soil, topographic and drainage characteristics to permit an on-site sewage disposal system; and
b. If the health district recommends approval or disapproval of the application the health district shall so advise the director; and
10. The Bainbridge Island fire department has reviewed the application and determined that the conditional use will be properly designed to ensure fire protection; and
11. If a minor conditional use is processed as a housing design demonstration project pursuant to BIMC 2.16.020.S, the above criteria will be considered in conjunction with the purpose, goals, policies, and decision criteria of BIMC 2.16.020.S; and
12. A conditional use may be approved or approved with conditions. If no reasonable conditions can be imposed that ensure the application meets the decision criteria of this chapter, then the permit shall be denied.
E. Agricultural Conditional Use Decision Criteria.
1. As agriculture is a preferred use, conditional uses that are listed as agricultural uses in Table 18.09.020 (except for agricultural research facilities) may be approved if:
a. The conditional use will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and
b. The conditional use is in accord with the comprehensive plan and other applicable adopted community plans, including the Island-Wide Transportation Plan; and
c. The conditional use will be served by adequate public facilities, including roads, water, fire protection, sewage disposal facilities and storm drainage facilities; and
d. The conditional use complies with all other provisions of the BIMC.
2. Animal agricultural conditional uses that are in compliance with an existing conditional use permit may expand any structure or area used in the operation of the conditional use on January 1, 2012 (effective date of adoption), by up to 25 percent without applying for a new conditional use permit.
F. Exemption from Height Limit for Structures in Any Zone District. An exemption from the height limits for structures not including buildings in each zone district can be approved through the minor conditional use process if the director determines that: (1) view opportunities are not substantially reduced; (2) no structure is located in any required setback except as otherwise authorized by BIMC Title 18; and (3) each setback requirement shall be increased one-half foot for every foot above the maximum structure height.
G. Conversion to Major Conditional Use Permit. If a minor conditional use application has received written public comments during the notice of application comment period concerning the effect of the land use application on the comprehensive plan, shoreline master program or matters not addressed by specific provisions of the BIMC, the director may determine that the application be processed as a major conditional use permit.
H. Adjustments to Approved Minor Conditional Use Permit.
1. Minor adjustments to an approved minor conditional use permit may be made after review and approval by the director. Minor adjustments are those that entail small changes in dimensions or siting of structures or the location of public amenities, but do not entail changes to the intensity or character of the use.
2. Major adjustments to an approved minor conditional use permit require an amended application and shall be processed in the same manner as a new minor conditional use permit application. Major adjustments are those that change the basic design, intensity, density, and/or use.
I. Local Register of Historic Places Conditional Use Decision Criteria. A proposal to modify development standards (such as setbacks, open space, lot coverage, landscape buffers, and parking requirements) and/or to allow for a use otherwise permitted for a structure on the local register (including exclusive residential in the mixed use town center) shall meet the following criteria:
1. Subsections D.1 through 10 of this section, Nonagricultural Minor Conditional Use Decision Criteria, including a review and recommendation from the historic preservation commission as to whether the proposal is compatible with the historic nature of the building and/or site; and
2. The use shall be compatible with the existing design and/or construction of the structure without significant alteration. (Ord. 2019-24 § 1 (Exh. A), 2019; Ord. 2017-02 §§ 3, 4, 2017; Ord. 2016-11 § 1, 20161; Ord. 2011-02 § 2 (Exh. A), 2011)