A. Purpose. A major 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, a major conditional use permit shall be secured from the city prior to establishing or expanding a use according to situations that include, but are not limited to: (a) the proposed use or expansion covers 50 percent or greater of the total lot area; (b) the proposed use is accessed by a local or private road; (c) the proposed use or expansion generates more than 36 total trips per day; (d) the proposed use or expansion contains four or more units in a multifamily dwelling; or (e) requests for additional nonresidential building height pursuant to Table 17.12.070-1, 18.12.020-2 or 18.12.020-3.
2. Any activity that is exempt from the request for a minor conditional use permit pursuant to BIMC 2.16.050.B.2 is also exempt from the request for a major conditional use permit.
3. The provisions of this section supplement those of BIMC 2.16.020 and 2.16.100 when the application is for a conditional use permit. In the event of a conflict between the provisions of BIMC 2.16.020 or 2.16.100 and this section, the provisions of this section shall govern.
4. Temporary uses and events may be exempt from some or all of the major conditional use permit requirements if the director determines that their impacts on the immediately surrounding area will be minimal.
C. General Procedures. Major conditional uses shall be approved through the general procedures applicable to quasi-judicial decisions by the hearing examiner in BIMC 2.16.100 except as described below.
D. Review Procedures – Proposal Stage. Review of major conditional use permit proposals shall include all of the following in the order listed:
1. Preapplication Conference. The applicant shall participate in a preapplication conference in accordance with the provisions and requirements in BIMC 2.16.020.I.
2. Public Participation Meeting. As part of the project proposal phase, applicants are required to participate in a community meeting through the city’s public participation program at a planning commission meeting and as outlined in Resolution No. 2021-07. The public participation meeting is a meeting of public engagement, and the applicant’s opportunity to respond to questions, comments, and assessments of the proposed project application.
E. Review Procedures – Application Stage. Review of major conditional use permit applications shall include all of the following:
1. Application. An applicant may submit an application for a major conditional use permit at any time after completion of the required steps in subsection D of this section or approval of a waiver in accordance with BIMC 2.16.020.I.3 or I.4 or subsection D.1 of this section. The applicant shall submit a complete application with all required submittal requirements listed in the administrative manual including design review submittals.
2. Review by Design Review Board. Upon receipt of the application and determination of completeness, the director shall schedule the applicant on the next available agenda for a design review board meeting. The applicant shall make a presentation to the design review board per the requirements of the design review board manual. The design review board reviews the project materials and makes a recommendation on project consistency with Design for Bainbridge standards. A design review board recommendation is not a final decision and therefore there is no appeal of the recommendation. The design review board’s recommendation will be forwarded to the planning department and may include recommended changes to the design (to be evaluated by staff before issuing the permit) as well as recommended conditions on the permit related to design. Any recommended changes to the design or conditions on the permit must be intended to achieve consistency with one or more specific standards in the Design for Bainbridge manual.
3. Review and Recommendation by Planning Commission.
a. In the case of a major conditional use permit application, the planning commission shall review the application prior to the review and final decision by the director.
b. The purpose of the planning commission review and recommendation meeting is to review a proposed project for consistency with the comprehensive plan.
c. The planning commission shall consider the application at a public meeting where public comments will be taken. The planning commission shall recommend approval, approval with conditions or denial of an application. In making a recommendation, the planning commission shall consider the applicable decision criteria, all other applicable law, and the recommendation of the design review board. If the applicable criteria are not met, the planning commission shall recommend the proposal be modified or denied.
d. The design review board’s recommendation shall hold substantial weight in the consideration of the application by the planning commission. Any deviation from the recommendation shall be documented in their written findings of facts and conclusions.
e. The planning commission will forward its written findings of facts and conclusions, their determination of the project’s consistency with the comprehensive plan, and their recommendation, including any conditions attached by the planning commission and design review board, to the staff planner. The planning commission’s written findings will be included in the staff report transmitted to the director.
f. A planning commission recommendation is not a final decision and therefore there is no appeal of the recommendation.
4. Review by Director.
a. The director shall review the application materials, staff report, and the recommendations of the planning commission and shall prepare a report to the hearing examiner recommending approval, approval with conditions, or disapproval of the application.
b. The planning commission’s recommendation shall hold substantial weight in the consideration of the application by the director. Any deviation from that recommendation shall be documented in the director’s report.
c. The director shall adopt a planning commission recommendation of denial of an application unless the director concludes that the recommendation:
i. Reflects inconsistent application of design guidelines, the comprehensive plan, or any applicable provisions of this code;
ii. Exceeds the authority of the design review board or planning commission;
iii. Conflicts with SEPA conditions or other regulatory requirements applicable to the project; or
iv. Conflicts with requirements of local, state, or federal law.
5. Review and Public Hearing with Hearing Examiner.
a. The hearing examiner shall consider the application materials and the director’s recommendation at a public hearing following the procedures of BIMC 2.16.100.C and applicable provisions of BIMC 2.16.020.
b. The hearing examiner shall make compliance with the recommendations of the planning commission a condition of approval, unless the hearing examiner concludes that the recommendations:
i. Reflect inconsistent application of design guidelines or any applicable provisions of this code;
ii. Exceed the authority of the design review board or planning commission;
iii. Conflict with SEPA conditions or other regulatory requirements applicable to the project; or
iv. Conflict with requirements of local, state, or federal law.
c. The hearing examiner shall adopt a planning commission recommendation of denial of an application unless the hearing examiner concludes that the recommendation:
i. Reflects inconsistent application of design guidelines, the comprehensive plan, or any applicable provisions of this code;
ii. Exceeds the authority of the design review board or planning commission;
iii. Conflicts with SEPA conditions or other regulatory requirements applicable to the project; or
iv. Conflicts with requirements of local, state, or federal law.
d. The hearing examiner may approve, approve with conditions, deny, or remand an application.
F. Decision Criteria. A conditional use may be approved or approved with conditions 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 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 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, nonmotorized facilities, locations of the buildings, structures, and vehicular circulation systems 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 to 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 ensure fire protection.
11. If a major 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.
12. A conditional use may be approved, or recommended for approval, with conditions. If no reasonable conditions can be imposed that ensure the permit meets the decision criteria of this chapter, then the permit shall be denied.
G. Additional Decision Criteria for Institutions in Residential Zones. Applications to locate any of those uses categorized as educational facilities, governmental facilities, religious facilities, health care facilities, cultural facilities, or clubs in Table 18.09.020 in residential zones shall be processed as major conditional use permits and shall be required to meet the following criteria, in addition to those in subsection F of this section:
1. All sites must front on roads classified as residential suburban, collector, or arterial on the Bainbridge Island functional road classification map.
2. The scale of proposed construction including bulk and height and architectural design features is compatible with the surrounding area.
3. If the facility will have attendees and employees numbering fewer than 50 or an assembly seating area of less than 50, the director may waive any or all the above requirements in this subsection G, but may not waive those required elsewhere in the BIMC.
H. Approval of Additional Height.
1. In the NC zone district a maximum height of 45 feet can be approved through the major conditional use permit process if the director determines that all conditional use permit requirements are met and that: (a) view opportunities are not substantially reduced; (b) fire flow is adequate; and (c) solar access of neighboring lots is not substantially reduced.
2. In the B/I zone district a maximum height of 45 feet can be approved through the major conditional use process if the director determines that all conditional use permit requirements are met and that: (a) view opportunities are not substantially reduced; (b) fire flow is adequate; (c) solar access of neighboring lots is not reduced; and (d) the appearance of the neighborhood will not substantially change.
3. In the WD-I zone district a maximum height of 45 feet can be approved through the major conditional use process if the director determines that all conditional use permit requirements are met and that: (a) view opportunities are not substantially reduced; (b) fire flow is adequate; (c) solar access of neighboring lots is not reduced; and (d) each setback requirement shall be increased one foot for each additional foot of building height allowed. In portions of the WD-I district located within the shoreline jurisdiction regulated by Chapter 16.12 BIMC, a shoreline variance may be needed before additional height can be approved.
I. Effect of Approval.
1. Once a conditional use permit is approved, no building, use or development shall occur contrary to that specified in the conditional use permit.
2. The owner shall record a declaration with the Kitsap County auditor showing the land to be bound by a conditional use permit. No building permit shall be issued for structures other than those specified in the conditional use approval.
a. The declaration shall reference the official files of the city through which the permit was granted; and
b. The declaration shall be a covenant running with the land; and
c. No building permit shall be issued unless such declaration is recorded.
J. Amendments to Approved Major Conditional Use Permit.
1. Minor adjustments to an approved major 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 major conditional use permit require an amended application and shall be processed in the same manner as a new conditional use permit application. Major adjustments are those that change the basic design, intensity, density, and/or use. (Ord. 2025-07 § 8 (Exh. G), 2025; Ord. 2021-03 §§ 5, 6, 2021; Ord. 2019-24 § 1 (Exh. A), 2019; Ord. 2018-20 § 10 (Exh. E), 2018; Ord. 2017-02 §§ 1, 6, 2017; Ord. 2016-36 § 1, 2016; Ord. 2016-04 § 1, 2016; Ord. 2011-02 § 2 (Exh. A), 2011)