Bainbridge Island City Zoning Code

All properties located outside of designated centers as designated on the land use map of the city comprehensive plan are established as development rights sending areas.

Agricultural Land. Any owner of agricultural land as defined by BIMC § 16.26.020 may elect to have the agricultural land designated as a development rights sending area through the sale or transfer of the development rights of the property.

Donation of Development Rights. Any owner of real property may donate all or a portion of their development rights to the city.

Property Already Restricted from Development Not Eligible. Development rights are not available for real property that is subject to easements or covenants preventing further development of the real property.

General. Subject to the building setbacks and height limitations applicable to the R-0.4 zone district, as shown in Tables 17.12.070-1 and 18.12.020-2, an owner of real property in the development rights sending area is entitled to sell or transfer one development right for every unused development right associated with the property located within the development rights sending area.

Optional Bonus for Owners of Agricultural Land. If an owner of agricultural land as defined by BIMC § 16.26.020 grants an easement to conserve and forever maintain the agricultural productivity of the agricultural land to the American Farmland Trust, Inc., or other appropriate trustee, as approved by the city of Bainbridge Island, then for every unused development right, the owner of agricultural land may sell three development rights. For example, if agricultural land has three unused development rights, the property owner could transfer or sell nine development rights.

Calculation. In calculating available development rights, the area of land divided by the density defined by the underlying zone shall be used. The resulting figure shall be rounded down for any fraction of a development right.

NC Districts. The neighborhood centers (NC) are eligible for increased density through the purchase or transfer of development rights in accordance with BIMC § 18.12.030.D.1 and D.3, as amended.

An owner of real property desiring to sell or transfer development rights shall submit an application for severance of development rights to the city manager. The city manager or designee shall determine the form of the application and the information required for a complete application. All, or a portion of, the development rights may be included in the application.

The city manager or designee shall determine the number of development rights available for severance, subject to BIMC § 18.27.030.C.

The city shall issue a certificate documenting the number of available development rights.

To sever development rights approved by the city, the property owner shall execute a restrictive easement between the owner and the city or a tax-exempt organization or other governmental agency, in a form approved by the city.

The certificate of development rights and the restrictive easement shall be recorded by the owner with the Kitsap County auditor. The owner shall provide a copy of the recorded documents to the city. When the documents have been recorded and the recorded documents have been received by the city, the severance is complete.

The severance of development rights is permanent.

A request to utilize development rights within the receiving area must be reviewed as part of a site plan and design review application under BIMC Title 2. The site plan must include the number of development rights to be used. The application must contain a copy of either a deed of development rights or a contract for the purchase of development rights.

Prior to final approval of the site plan, the applicant must provide the department with a deed of development rights.

The approval site plan, referencing the number of development rights used, and the deed of development rights shall be recorded by the owner with the Kitsap County auditor.