July 5, 2022 Planning Commission PacketCITY OF PORT ORCHARD
Planning Commission
216 Prospect Street, Port Orchard, WA 98366
ling@cityofportorchard.us
PLANNING COMMISSION MEETING AGENDA
Tuesday, July 5, 2022 — 6:00 pm
*** Attendees and Planning Commissioners may attend in person at City Hall or via Zoom***
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1. Call to Order: 6:00 p.m.
Pledge of allegiance.
2. Welcome and Introduction.
Planning Commission and City Staff Introductions.
3. Audience Comments: Topics not listed for public hearing on tonight's agenda.
Please limit comments to 3 minutes.
4. Approval of Minutes from June 7, 2022. (Attachment)
5. Business Items:
(ACTION)
a) Public Hearing: POMC 20.68 Accessory Dwelling Units and POMC 20.38.235 MVOD detached
accessory dwelling units. (Attachment) (ACTION)
The City is considering a amendments to Port Orchard Municipal Code 20.68.070, .090 and .100
removing requirements and references to an owner occupancy requirement. The City is considering the
repeal of POMC 20.38.235 addressing detached accessory dwelling units within the McCormick Village
Overlay District. The purpose of the amendment is to remove barriers to the creation of accessory
dwelling units.
b) POMC 20.33.010, 20.34.010, 20.34.020, 20.34.030, 20.34.040, 20.34.050, 20.34.060 Accessory
Structure Setbacks (Attachment) (ACTION)
The City is considering the adoption of an ordinance relating to accessory structure setbacks in the
Greenbelt and Residential zoning districts; amending POMC Sections 20.33.010, 20.34.010, 20.34.020,
20.34.030, 20.34.040, 20.34.050, 20.34.060 and clarifying that accessory structures are permitted in the
Greenbelt zoning designation. The intent of the proposed amendments is to provide clarity on omitted
accessory structure setbacks and provide flexibility in the siting of accessory structures.
6. Adjourn
CITY OF PORT ORCHARD
Planning Commission Minutes
216 Prospect Street, Port Orchard, WA 98366
Phone: (36o) 874-5533 • Fax: (36o) 876-498o
Planning Commission Meeting Minutes
June 7, 2022
Zoom Teleconference
COMMISSIONERS:
Present: Bek Ashby, Dave Bernstein, Tyler McKlosky, Phil King.
Absent: Annette Stewart, Stephanie Bailey, Joe Morrison.
STAFF:
Community Development Director Nick Bond, Senior Planner Jim Fisk, and Assistant Planner Josie
Rademacher.
1. CALL TO ORDER: Vice Chair Ashby called the meeting to order at 6:15 p.m. and led the Pledge of
Allegiance.
2. WELCOME AND INTRODUCTION: Vice Chair Ashby introduced the present Planning
Commissioners, Commissioner Bernstein, Commissioner McKlosky, Commissioner King, and present
City staff members, Community Development Director Nick Bond, Senior Planner Jim Fisk, and
Assistant Planner Josie Rademacher.
3. PUBLIC COMMENTS: There were no comments from the public regarding issues not on the agenda.
4. APPROVAL OF MINUTES FROM MAY 3, 2022: Commissioner King made a motion to approve the
minutes as written from the May 3rd meeting. Commissioner McKlosky seconded the motion. The
motion passed unanimously.
5. BUSINESS ITEMS:
A. PUBLIC HEARING: POMC 20.162.044 DEFINITIONS — GENERALLY "WETLAND,
ISOLATED"
Senior Planner Jim Fisk shared that the City has considered an amendment to Port Orchard
Municipal Code 20.162.044 to amend the definition of "wetland, isolated". The purpose of the
amendment is to provide a definition which is consistent with current Washington Department of
Ecology guidance.
There were no comments from the public regarding the proposed amendment to POMC
20.162.044 Definitions — Generally "Wetland, Isolated".
Vice Chair Ashby closed the public hearing.
Commissioner King made a motion to recommend the City Council to approve the ordinance
amending the definition "wetland, isolated" from POMC 20.162.044 as presented. Commissioner
Bernstein seconded the motion. The motion passed unanimously.
B. PUBLIC HEARING: POMC 20.150 STORMWATER DRAINAGE
Senior Planner Jim Fisk shared that the City has considered the adoption of an ordinance relating
to stormwater maintenance; amending POMC Sections 20.150.060, 20.150.020, and 20.150.160
associated with the adoption of the 2019 Stormwater Management Manual for Western
Washington.
Vice Chair Ashby opened the public hearing.
There were no comments from the public regarding the proposed update to POMC 20.150
Stormwater Drainage.
Vice Chair Ashby closed the public hearing.
Commissioner McKlosky made a motion to recommend the City Council to approve the ordinance
amending POMC 20.150.060, 20.150.020, and 20.150.160 as presented. Commissioner Bernstein
seconded the motion. The motion passed unanimously.
ADJOURN: Vice Chair Ashby adjourned the meeting at 6:32 pm.
Annette Stewart, Chair
Nick Bond, Community Development Director
Page 2 of 2
CITY OF PORT ORCHARD
DEPARTMENT OF COMMUNITY DEVELOPMENT
216 Prospect Street, Port Orchard, WA 98366
Ph.: (36o) 874-5533 • FAX: (36o) 876-4980
PLANNING COMMISSION STAFF REPORT
Agenda Item No: 5(a) Meeting Date: July 5, 2022
Public Hearing - Accessory
Subject: Dwelling Unit Owner
Occupancy
Prepared by: Nick Bond, Development
Director
During the 2021 Regular Session the State of Washington passed House Bill 1220 related to supporting
emergency shelters and housing through local planning and development. A new section was added tc
chapter 36.70A RCW which encourages cities to consider policies encouraging the construction of
accessory dwelling units (ADU) as a mechanism to meet affordable housing goals.
The 2019 adoption of the City of Port Orchard's form -base code provided several building types in areas of
Port Orchard that previously may have not been permitted including the backyard cottage building type.
Part of the intent of the form -based code was to address affordable housing goals. For the most part the
Port Orchard Municipal Code (POMC) is consistent with the suggested policies regarding ADU
development in House Bill 1220.
However, the City has determined that a potential barrier to ADU construction exists in POMC 20.68
related to an owner occupancy requirement of one of the units and where the suggested policies for Cities
is to remove the owner occupancy requirement. To that end the repeal of certain language regarding
owner occupancy in POMC 20.68.070, .090 and .100 are necessary to address affordable housing goals
consistent with the guidance provided by the State Legislature.
During adoption of the McCormick Village Overlay District (MVOD), POMC 20.38.200-280, the City
recognized that an owner occupancy requirement could hinder the development of ADUs. Therefore, the
City adopted development regulations removing the owner occupancy requirement of POMC 20.68.100(5).
If the suggested repeal of owner occupancy references in POMC 20.68 are approved, the language in
POMC 20.38.235 would reference off-street parking requirements, not owner occupancy. The repeal of
the entirety of POMC 20.38.235 is necessary because of the redundancy created through the removal of
owner occupancy requirements in 20.68.
The suggested Code amendments further Policy HS-4 of the City of Port Orchard Comprehensive Plan's
Housing Element and is consistent with the guidance provided by the Washington State Legislature
Staff introduced removing an owner -occupancy requirement for Accessory Dwelling Units (ADU) to the
Planning Commission at the March 1, 2022 Planning Commission meeting where the Planning Commission
requested that staff continue to review the owner -occupancy requirements for ADUs. Staff discussed the
current proposal with the Land Use Committee on April 20, 2022 where the Committee directed staff to
continue with the current proposal as drafted. As such staff notified the Department of Commerce of the
proposed changes on May 20, 2022 and requested a 60-day review for comment subsequent to the
issuance of a SEPA Determination of Nonsignificance on May 20, 2022. Public notice for tonight's hearing
was properly noticed consistent with the requirements of POMC 20.25 on June 21, 2022. As of the date of
Report preparation, the Department of Community Development has not received comments regarding
the proposed code amendment.
Recommendation: Staff recommends approval of the proposed amendments to Port Orchard Municipal
Code 20.68 and POMC 20.38.235.
Attachments: POMC 20.68 and 20.38.235 Redline
20.68.010 Accessory dwelling units — Defined.
An accessory dwelling unit is a separate, complete dwelling unit associated with, attached to or
contained within the structure of the primary home or use. An ADU may be either an accessory
apartment (attached dwelling) or a backyard cottage dwelling.
20.68.020 Accessory dwelling units — Purpose.
(1) Intent. Accessory dwelling units (hereinafter referred to as "ADUs") are intended to:
(a) Provide homeowners with a means of providing for companionship and security.
(b) Add affordable units to the existing housing supply.
(c) Make housing units within the city available to moderate income people.
(d) Provide an increased choice of housing that responds to changing needs, lifestyles (e.g.,
young families, retired), and modern development technology.
(e) Protect neighborhood stability, property values, and the single-family residential appearance
by ensuring that ADUs are installed in a compatible manner under the conditions of this chapter.
(f) Increase density in order to better utilize existing infrastructure and community resources
and to support public transit and neighborhood retail and commercial services.
(g) Provide a means for commercial and industrial sites to have a resident caretaker or security
officer.
20.68.030 Accessory dwelling units — Decision type.
An ADU permit is a Type I action and shall be reviewed and considered in accordance with the
procedures for such actions as set forth in Subtitle II of this title.
20.68.040 Accessory dwelling units — Administration.
The planning director shall have the authority to develop and implement procedures to administer and
enforce this chapter.
20.68.050 Accessory dwelling units — Property ownership.
For the purposes of this chapter, "property owner" and "homeowner" shall mean the owner of a
property according to the title of record, or the beneficiary of a legal trust or guardianship.
20.68.060 Accessory dwelling units — Commercial and industrial development — Code applicability.
The following subsections of this chapter do not apply to the construction or establishment of an ADU
that is accessory to a commercial or industrial use:
(1) POMC 20.68.100(1) and (5).
(2) POMC 20.68.110(9).
20.68.070 Accessory dwelling units — Application procedures.
(1) Procedures. Any property owner seeking to establish an ADU shall apply for approval in accordance
with the following procedures:
(a) Application. Prior to installation of an ADU, the property owner shall apply for an ADU
permit. A complete application shall include a properly completed application form, floor and
structural plans for modification, a site plan if detached structures or an addition are proposed,
and fees as prescribed in subsection (1)(b) of this section.
(b) Fees. Upon sale of the property, the new property owner shall be required to sign a new
affidavit and to register the ADU, paying the applicable fee in accordance with the city's adopted
fee schedule. If new or upgraded water or sewer connections are required, water and/or sewer
connection fees shall be required in accordance with POW Title 13.
(c) Accessory Dwelling Unit Agreement. The owner of any property containing an ADU shall
record with the Kitsap County auditor an accessory dwelling unit agreement and notice to title
for the ADU. Such agreement and notice shall be approved by the planning director, on a form
approved by the city council, and shall include as a minimum: (i) the legal description of the
property which has been permitted for the ADU; (ii) affirmation that the owner shall occupy
e;theF the main building or the ADU (unless the ADU 05 within a cemmercial eF industFial
development a^c' that the property owner agrees to all requirements provided in this chapter;
and (iii) the conditions necessary to apply the restrictions and limitations contained in this
section.
The property owner shall submit proof that the agreement and notice to title have been
recorded prior to issuance of an ADU permit. The ADU agreement and notice to title shall run
with the land as long as the ADU is maintained on the property. The property owner may, at any
time, apply to the planning director for a termination of the ADU agreement. Such termination
shall be granted upon proof that the ADU no longer exists on the property and that a notice to
title has been recorded which states that the ADU has been removed.
(d) Permit. Upon receipt of a complete application, application fees, proof of recorded accessory
dwelling unit agreement, and approval of any necessary building or other permits, an ADU
permit shall be issued.
20.68.080 Inspection.
The Ccity shall inspect the property to confirm that minimum and maximum size limits, required parking
and design standards, and all applicable building, health, safety, energy, and electrical code standards
are met. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.090 Violations.
A violation of this chapter regarding provision of ownership shall be governed by POMC 20.68.10%9� ,
and a vielation of provision of legalization of nonconforming ADUs shall be governed by PO
20.68.100(94. Violations of any other city permit or code requirements shall be governed by Chapter
20.02 POMC.
20.68.3.00 General requirements.
ADUs shall be subject to the following requirements, which shall not be subject to a variance:
(1) ADU permits may only be issued for a legal lot of record zoned for single-family use containing not
more than one single-family dwelling.
(2) Number of ADUs per Lot. No more than one ADU, whether an accessory apartment (attached
dwelling) or a backyard cottage dwelling, shall be permitted on one lot.
(3) Occupancy. The maximum number of occupants in any ADU shall be four persons. Maximum
occupancy may be further limited by Section 1004 (Occupant Load) of the International Building Code.
(4) Composition. The ADU shall include facilities for cooking, living, sanitation, and sleeping.
residence or the ADU. For the PUFposes of this chapter, "occupancy" means that the property owner, i
title FeeeFds, makes his or her legal Fesid-penree att t-he site, as evideneed by IpFepeFty tax, ve
registratien, vehicle registratien, eF SiFAi!aF Fneans, and aEtually resides at the site FnGFe than six ment
out of any given year, and at no tome rents both units. Owners shall recerd a netice on title, as appFOV(
by the eity, whiEh attests te their eEeupanEy and attests that at RA_ tiFAP- Shall they rent both (5) Ownership and Occupancy. The property owner must maintain hiS er her eccupancy On the main
Falsely attesting owner residency shall be a gross misdemeanor subject to a fine not to exceed $5,000
a neluding all statutery costs, assessments, and fees. in additien, ADUs shall not be subdivided or
etheFWise segregated in ownership frern the main building. Nething in this chapter shall be interpretei
as Prohibiting a property owner from renting out a roorn or reerns in their legal residence of occupan
(rnain residence or AIDU) to another resident or residents, or from collecting rent from a reernmate, a
(65) Parking. No off-street parking is required for the ADU; provided, that the minimum required off-
street parking per Chapter 20.124 POMC for the primary use (single-family residence, commercial or
industrial development) is met on the lot or if on -street parking is provided on both sides of the street(s)
abutting the lot. One parking stall shall be provided per ADU if either of the preceding conditions is not
satisfied. If additional ADU parking is provided, parking for a commercial or industrial ADU shall be
located in the rear portion of the lot and shall not be accessed from the front if suitable access to the
rear is available, such as an abutting right-of-way that is or can practicably be developed. Driveways
shall comply with the vehicular access and driveway standards in the city's development guidelines.
(76) Home Businesses and Occupations. Home businesses and occupations shall be allowed, subject to
existing regulations. However, if both the main residence and the ADU contain home businesses, only
one of the two is permitted to receive customers on the premises.
(87) Short -Term Rental. The use of an ADU as a short-term rental shall be allowed, subject to compliance
with the vacation rental and bed and breakfast regulations in POMC 20.39.345.
(98) Legalization of Nonconforming ADUs. Existing ADUs that are made nonconforming by this chapter,
or ADUs legally existing prior to the enactment of these requirements, may be maintained as a legal
nonconforming use in accordance with Chapter 20.54 POMC.
20.68.110 Bulk, location and design requirements.
(1) In commercial or industrial developments, detached ADUs are not allowed, and the ADU shall be
located on or above the second floor of the building in which it is located.
(2) For attached ADUs, the lot must meet the minimum lot dimensional and size requirements of the
applicable zoning designation. Attached ADUs that do not increase the building envelope of an existing
residential structure are exempt from this requirement.
(3) Size. For detached ADUs, refer to POMC 20.32.030, Backyard cottage. For an attached ADU that is
accessory to a detached residential dwelling, the ADU shall not exceed 40 percent of the total square
footage of the residential dwelling and the ADU combined, after modification or construction, or 1,000
square feet, whichever is greater. For an attached ADU that is accessory to a commercial or industrial
use, the ADU shall not exceed 1,000 square feet.
(4) Height. For a detached ADU, refer to POMC 20.32.030, Backyard cottage. For an attached ADU that is
accessory to a commercial or industrial use, refer to the appropriate building type in Chapter 20.32
POMC.
(5) Location. A detached ADU shall be permitted as a second dwelling unit accessory to a detached
dwelling unit and shall be located in the rear yard, in accordance with POMC 20.32.030, Backyard
cottage. An accessory ADU shall be permitted within a detached residential dwelling, or within a
commercial or industrial building.
(6) Setbacks and Lot Coverage. For a detached ADU, refer to POMC 20.32.030, Backyard cottage. For an
attached ADU that is accessory to a commercial or industrial use, refer to the appropriate building type
in Chapter 20.32 POMC. The calculation of lot coverage shall include all buildings on the lot or site,
including the ADU, the primary single-family dwelling (for residential properties), and accessory
buildings. Existing and future accessory buildings, including an ADU, must meet required setbacks for
the relevant zone and building type.
(7) Design —Attached ADUs. An attached ADU shall be designed to maintain the architectural design,
style, appearance, and character of the main building as a single-family residence. If an attached ADU
extends beyond the current footprint or existing height of the main building, such an addition must be
consistent with the existing facade, roof pitch, siding, and windows. Any exterior modification or
addition to a single-family residence shall comply with the design standards in Chapter 20.139 POMC.
Additionally, only one entrance is permitted to be located in the front facade of the dwelling. If a
separate outside entrance is necessary for an attached ADU, it must be located either off the rear or
side of the main building. Such entrance must not be visible from the same view of the building which
encompasses the main entrance to the building and must provide a measure of visual privacy.
(8) Design — Attached ADUs Associated with a Commercial or Industrial Development. The ADU shall be
part of an overall site and building design that complies with the requirements of Chapter 20.127 POMC
(Design Standards), and shall be reviewed in conjunction with the underlying land use or building
permit.
(9) Design — Detached ADUs. A detached ADU shall be designed to complement the architectural design,
style, appearance, and character of the main building by utilizing complementary colors and finish
materials, window styles, and roof design to the main building. The entrance door to a detached ADU
shall not face the same property line as the entrance door to the main building except when the
entrance door to the ADU is located behind the rear wall of the main building. The detached ADU shall
also be subject to the requirements of Chapter 20.139 POMC, Residential Design Standards.
(10) Walkways. For ADUs with a separate exterior entrance, a pedestrian walkway shall be provided
between the ADU and the nearest sidewalk, or where no sidewalk exists, the nearest street right-of-
way. The walkway shall be composed of materials that are distinct from any adjacent vehicle driving or
parking surfaces. The walkway may function as a shared pedestrian/vehicle space; provided, that it is
constructed of distinct materials, is located along an exterior edge of a driving surface, and vehicles are
not permitted to park on the walkway so that pedestrian use is hindered or prevented.
CITY OF PORT ORCHARD
DEPARTMENT OF COMMUNITY DEVELOPMENT
216 Prospect Street, Port Orchard, WA 98366
Ph.: (36o) 874-5533 • FAX: (36o) 876-4980
PLANNING COMMISSION STAFF REPORT
Agenda Item No: 5(b) Meeting Date: July 5, 2022
Discussion Revisions to POMC
20.33 and 20.34 —Accessory
Subject: Structure Setbacks
Prepared by: Nick Bond, Development
Director
Issue: In 2018, the City Council adopted Chapters 20.33 and 20.34, the Greenbelt and Residential zoning
designations, which contain development standards on properties designated Greenbelt (GB), Residential
1 (R1), Residentia12 (R2), Residential 3 (R3), Residential 4 (R4), Residential 5 (R5) and Residential 6 (R6).
City staff proposes to amend Chapters 20.33 and 20.34, to provide clarity and modify the required
accessory structure setbacks.
Currently, POMC 20.33.010(2) does not permit accessory structures in the GB district. However, POMC
20.32.015 specifically identifies accessory structures as a permitted building type in the GB district. Staff
intends to provide consistency between the two sections and include accessory structures in the GB
district. The inclusion of accessory structures in POMC 20.33.010(2) then necessitates addressing the
required setbacks in the event an accessory structure is proposed. The proposed GB accessory structure
setbacks differ from those proposed in the Residential district as development in GB is generally of lesser
density and intensity. The proposed setbacks recognize the difference between the types and intensity of
development.
The R1, R2, R3 and R6 districts currently identify accessory structure setbacks. Staff intends to modify the
accessory structure setbacks to provide more flexibility in the location of these structures on a Lot. This is
of particular importance on smaller infill Lots which may have alleys access. In some instances, where alley
access exists, the proposed accessory structure setbacks would allow the zero -lot line development and
the sharing of common walls provided the walls meet fire separation requirements outlined in the Building
Code. Additionally, the proposed amendments would reduce the required rear yard setback for accessory
structures from 10 feet to three feet. The current rear yard setback for the primary structure on the site is
10 feet which sometimes presents challenges locating accessory structures behind a primary structure. The
intent is to provide greater flexibility while creating consistency throughout the Residential districts.
The R4 and R5 districts are currently devoid of any accessory structure setback requirements. Staff
proposes the adoption of the same standards as described above for the same purpose. While the R4 and
R5 districts do not permit detached houses, multifamily development often proposes accessory structures
such as covered shelters for parking, mechanical buildings and the like. Without accessory structure
standards, staff cannot apply accessory structures setbacks and is often in a position where while the
building type is permitted, the permitted location cannot be identified. Staff has used the principal building
setbacks in this instance; however, the introduction of these standards provides clarity for property
owners and staff.
The current language in the code, and the proposed language in the ordinance, are presented for the
Planning Commission's review. The Planning Commission is requested to hold a public hearing at the
August 2, 2022 Planning Commission meeting.
Recommendation: The Planning Commission should review the proposed revisions to 20.33.010,
20.34.010, 20.34.020, 20.34.030, 20.34.040, 20.34.050, 20.34.060 prior to scheduling a public hearing.
Staff recommends that a public hearing be scheduled for August 2, 2022 on the proposed amendment.
Attachments: POMC 20.33.010, 20.34.010, 20.34.020, 20.34.030, 20.34.040, 20.34.050, 20.34.060 Redline
Chapter 20.33
GREENBELT DISTRICT
Sections:
20.33.010 Greenbelt.
20.33.010 Greenbelt.
(1) Intent. The greenbelt district is intended to protect sensitive natural resources and critical areas.
Residential development not exceeding one single-family residential unit per two acres, and certain
other compatible land uses, are allowed to supplement the protection of these resources in exchange
for preserving open space.
(2) Building Types Allowed. The following building types are allowed:
(a) Detached single-family house.
(b) Backyard cottage.
(c) General building.
(d) Accessory building.
(3) Lot Dimensions.
Greenbelt Buildings
Gross Density: 1 unit/2 acres maximum
Area (A) Width (B)
Detached house 2 acres min No minimum
Greenbelt Lot Dimensions
(4) Maximum hard surface coverage is 15 percent.
(5) Building Placement.
Principal Building Setbacks:
(a)
Primary street
15 ft min
(A)
(b)
Side street
10 ft min
(B)
(c)
Side interior
5 ft min
(C)
(d)
Rear
10 ft min
(D)
Accessory Structure Setbacks:
(a)
Primary street
40 ft min
(A)
(b)
Side street
10 ft min
ll
(c)
Side interior
5 ft min
ll
Rear
5 ft min
ll
(B) Building Height.
�
,<.-`_
��.
Greenbelt Building Placement
Principal buildha 3storieR35R max (A
Accessory ague 24R max (B)
d �
Greenbelt Building Height
Chapter 20.34
RESIDENTIAL DISTRICTS
Sections:
20.34.010
Residential 1
(R1).
20.34.020
Residential 2
(R2).
20.34.030
Residential 3
(113).
20.34.040
Residential 4
(R4).
20.34.050
Residential 5
(115).
20.34.060
Residential 6
(116).
20.34.010 Residential 1 (R1).
(1) Intent. The R1 district is intended to accommodate single-family detached houses with a minimum
lot size of 5,000 to 6,000 square feet. (Cottage court developments may have individual lots as small as
1,200 square feet, as indicated below.) R1 may be applied in areas designated as residential low or
residential medium in the Port Orchard comprehensive plan. Uses and building types that would
substantially interfere with the single-family residential nature of the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R1 zone are as follows:
(a) Detached house (POMC 20.32.020).
(b) Backyard cottage (detached ADU) (POMC 20.32.030).
(c) Accessory buildings (POMC 20.32.010(16)).
(d) Cottage court (POMC 20.32.040).
R1 Building Types
(3) Lot Dimensions.
(a) Minimum Lot Size.
(i) Lots that take vehicular access from primary street: 6,000 square feet.
(ii) Lots that do not take vehicular access from primary street (lots with vehicular access
from alley): 5,000 square feet.
(iii) Cottage court: 1,200 square feet (see POMC 20.32.040).
(b) Minimum lot width: 50 feet.
(4) Maximum hard surface coverage is 50 percent.
(5) Principal Building Setbacks.
(a) Primary street: 10 feet minimum or average front setback (see POMC 20.40.020).
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum.
(d) Rear: 10 feet minimum.
(6) Accessory Structure Setbacks.
(a) Primary street: 40 feet minimum.
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum.
(d) Rear: three feet minimum (rear setback for an accessory structure abutting an alley may be
reduced to two feet).
(e) Fire separation as specified in the building code may be required for accessory buildings.
RI Building Placement
(7) Building Height.
(a)Principal building: three stories/35 feet maximum.
(b}Accessory structure: 24feet maximum.
RIBuilding Heigh
(Ord.O 6-19§ % Ord. 011-19§4 /xh. 2).
20.34.020 Residential 2 (112).
(1) Intent. The R2 district is primarily intended to accommodate detached house, duplex, and
townhouse development with a minimum lot size that varies based on building type. The R2 district is
intended to implement the residential medium density comprehensive plan designation. Additional
building types that are allowed include backyard cottage (detached accessory dwelling unit), cottage
court, duplex and attached house. Uses that would substantially interfere with the residential nature of
the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R2 zone are as follows:
(a) Detached house (POMC 20.32.020).
(b) Backyard cottage (detached ADU) (POMC 20.32.030).
(c) Cottage court (POMC 20.32.040).
(d) Duplex: side -by -side (POMC 20.32.050).
(e) Duplex: back-to-back (POMC 20.32.060).
(f) Attached house (POMC 20.32.070).
(g) Townhouse (POMC 20.32.090) (three to four units townhouse buildings only).
(h) Accessory buildings (POMC 20.32.010(16)).
R2 Building Types
(3) Lot Dimensions.
R2 Lot Dimensions
(a) Minimum Lot Size by Building Type.
(i) Detached House (POMC 20.32.020).
(A) Lots that take vehicular access from primary street: 5,000 square feet.
(B) Lots that do not take vehicular access from primary street (lots with
vehicular access from alley): 3,000 square feet.
(ii) Backyard cottage (detached ADU) (POMC 20.32.030): not applicable.
(iii) Cottage court (POMC 20.32.040): 1,200 square feet.
(iv) Duplex: side -by -side (POMC 20.32.050): 5,000 square feet.
(v) Duplex: back-to-back (POMC 20.32.060): 5,000 square feet.
(vi) Attached house (POMC 20.32.070): 2,500 square feet.
(vii) Townhouse (POMC 20.32.090): 2,000 square feet.
(b) Minimum Lot Width.
(i) Detached House (POMC 20.32.020).
(A) Lots that take vehicular access from primary street: 50 feet.
(B) Lots that do not take vehicular access from primary street: 30 feet.
(ii) Backyard cottage (detached ADU) (POMC 20.32.030): not applicable.
(iii) Cottage court (POMC 20.32.040): 20 feet.
(iv) Duplex: Side -by -Side (POMC 20.32.050).
(A) Lots that take vehicular access from primary street: 60 feet.
(B) Lots that do not take vehicular access from primary street: 40 feet.
(v) Duplex: back-to-back (POMC 20.32.060): 40 feet.
(vi) Attached House (POMC 20.32.070).
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: 20 feet.
(vii) Townhouse (POMC 20.32.090).
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: 20 feet.
(4) Maximum hard surface coverage is 70 percent.
(5) Principal Building Setbacks.
(a) Primary street: 10 feet minimum or average front setback (see POW 20.40.020).
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum (except attached housing types with dwellings on individual
lots such as townhouses or attached houses which do not require a side interior setback).
(d) Rear: 10 feet minimum (rear setback for an accessory structure abutting an alley may be
reduced to two feet).
(6) Accessory Structure Setbacks.
(a) Primary street: 40 feet minimum.
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum (except attached housing types with dwellings on individual
lots such as townhouses or attached houses which do not require a side interior setback). Side interior
setback may be reduced to zero (0) feet within principal building rear yard where an opened alley abuts
rear property line.
(d) Rear: 1-0-three feet minimum (rear setback for an accessory structure abutting an alley may
be reduced to two feet).
(e) Fire separation as specified in the building code may be required for accessory buildings.
(7) Building Height.
R2 Building Placement
Principal building 3 stories/35 ft max (A)
Accessory structure 24 ft max (B)
R2 Building Height
(Ord. 011-19 § 4 (Exh. 1)).
20.34.030 Residential 3 (113).
(1) Intent. The R3 district is intended to accommodate a variety of residential options limited to three
stories in height. The R3 zone should be applied in areas designated as residential medium density in the
Port Orchard comprehensive plan. Uses that would substantially interfere with the residential nature of
the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R3 zone are as follows:
(a) Detached house (POMC 20.32.020).
(b) Backyard cottage (detached ADU) (POMC 20.32.030).
(c) Cottage court (POMC 20.32.040).
(d) Duplex: side -by -side (POMC 20.32.050).
(e) Duplex: back-to-back (POMC 20.32.060).
(f) Attached house (POMC 20.32.070).
(g) Fourplex (POMC 20.32.080).
(h) Townhouse (POMC 20.32.090).
(i) Apartment (POMC 20.32.100).
(j) Accessory buildings (POMC 20.32.010(16)).
R3 Building Types
(3) Lot Dimensions.
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(a) Minimum Lot Size by Building Type.
(i) Detached House (POMC 20.32.020).
(A) Lots that take vehicular access from primary street with three or more side -
by -side enclosed parking stalls (three -car garage): 5,000 square feet.
(B) Lots that take vehicular access from primary street with two side -by -side
enclosed parking stalls (two -car garage): 4,000 square feet.
(C) Lots that take vehicular access from primary street with one side -by -side
enclosed parking stall (one -car garage or tandem configuration two -car garage): 2,800
square feet.
(D) Lots that do not take vehicular access from primary street (lots with access
from alley): 2,400 square feet.
(ii) Backyard cottage (detached ADU) (POMC 20.32.030): not applicable.
(iii) Cottage court (POMC 20.32.040): 1,200 square feet.
(iv) Duplex: side -by -side (POMC 20.32.050): 5,000 square feet.
(v) Duplex: back-to-back (POMC 20.32.060): 5,000 square feet.
(vi) Attached house (POMC 20.32.070): 2,000 square feet.
(vii) Fourplex: 7,000 square feet.
(viii) Townhouse (POMC 20.32.090): 800 square feet.
(ix) Apartment (POMC 20.32.100): 10,000 square feet.
(b) Minimum Lot Width.
(i) Detached House (POMC 20.32.020).
(A) Lots that take vehicular access from primary street: 36 feet.
(B) Lots that do not take vehicular access from primary street: 26 feet.
(ii) Backyard cottage (detached ADU) (POMC 20.32.030): not applicable.
(iii) Cottage court (POMC 20.32.040): 20 feet.
(iv) Duplex: Side -by -Side (POMC 20.32.050).
(A) Lots that take vehicular access from primary street: 60 feet.
(B) Lots that do not take vehicular access from primary street: 40 feet.
(v) Duplex: back-to-back (POMC 20.32.060): 40 feet.
(vi) Attached House (POMC 20.32.070).
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: 20 feet.
(vii) Fourplex (POMC 20.32.080): 60 feet.
(viii) Townhouse.
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: 16 feet.
(ix) Apartment: 80 feet.
S
R3 Lot Dimensions
(4) Maximum hard surface coverage is 80 percent.
(5) Principal Building Setbacks.
(a) Primary street: 10 feet minimum or average front setback (see POMC 20.40.020).
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum (except attached housing types with dwellings on individual
lots such as townhouses or attached houses which do not require a side interior setback).
(d) Rear: 10 feet minimum.
(6) Accessory Structure Setbacks.
(a) Primary street: 40 feet minimum.
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum. Side interior setback may be reduced to zero (0) feet within
principal building rear yard where an opened alley abuts rear property line.
(d) Rear: 1-0-Three feet minimum (rear setback for an accessory structure abutting an alley may
be reduced to two feet).
(e) Fire separation as specified in the building code may be required for accessory buildings.
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l�
R3 Building Placement
(7) Building Height.
Principal building 3 stories/35 ft max (A)
Note: If a property is located within an area designated by the city as a receiving site for the transfer of
development rights, additional height for apartment buildings may be allowed. Refer to Chapter 20.41
POMC, Transfer of Development Rights Program, for additional information.
Accessory structure 24 ft max (B)
R3 Building Height
(Ord. 011-19 § 4 (Exh. 1)).
20.34.040 Residential 4 (114).
(1) Intent. The R4 district is intended to accommodate a variety of multifamily residential options at
heights of 45 feet or less. Uses that would substantially interfere with the residential nature of the
district are not allowed.
(2) Building Types Allowed. The allowed building types in the R4 zone are as follows:
(a) Cottage court (POMC 20.32.040).
(b) Fourplex (POMC 20.32.080).
(c) Townhouse (POMC 20.32.090).
(d) Apartment (POMC 20.32.100).
(e) Accessory buildings (POMC 20.32.010(16)).
R4 Building Types
(3) Lot Dimensions.
(a) Minimum Lot Size by Building Type.
(i) Cottage court (POMC 20.32.040): 1,200 square feet.
(ii) Fourplex (POMC 20.32.080): 7,000 square feet.
(iii) Townhouse (POMC 20.32.090): 800 square feet.
(iv) Apartment (POMC 20.32.100): 10,000 square feet.
(b) Minimum Lot Width.
(i) Cottage court (POMC 20.32.040): 20 feet.
(ii) Fourplex (POMC 20.32.080): 60 feet.
(iii) Townhouse.
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: 16 feet.
(iv) Apartment: 80 feet.
� r -
R4 Lot Dimensions
(4) Maximum hard surface coverage is: 80 percent.
(5) Principal Building Setbacks.
(a) Primary street: 10 feet minimum or average front setback (see POMC 20.40.020).
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum (except attached housing types with dwellings on individual
lots such as townhouses which do not require a side interior setback).
(d) Rear: 10 feet minimum (four feet minimum where abutting an alley).
(6) Accessory Structure Setbacks.
(a) Primary street: 40 feet minimum.
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum. Side interior setback may be reduced to zero (0) feet within
principal building rear yard where an opened alley abuts rear property line.
(d) Rear: Three feet minimum (rear setback for an accessory structure abutting an allev may be
reduced to two fe
(e) Fire separation as specified in the building code may be required for accessory buildings.
(67) Build -to Zone (BTZ).
(a) Building facade in primary street: 60 percent minimum BTZ (percent of lot width).
(b) Building facade in side street: 30 percent minimum BTZ (percent of lot width).
R4 Building Placement
(78) Building Height.
(a) All buildings and structures: four stories/45 feet maximum.
Note: If a property is located within an area designated by the city as a receiving site for the transfer of
development rights, additional height for apartment buildings may be allowed. Refer to Chapter 20.41
POMC, Transfer of Development Rights Program, for additional information.
R4 Building Height
(Ord. 011-19 § 4 (Exh. 1)).
20.34.050 Residential 5 (115).
(1) Intent. The R5 district is intended to accommodate a variety of multifamily residential options at
heights of 55 feet or less. Uses that would substantially interfere with the residential nature of the
district are not allowed.
(2) Building Types Allowed. The allowed building types in the R5 zone are as follows:
(a) Cottage court (POMC 20.32.040).
(b) Fourplex (POMC 20.32.080).
(c) Townhouse (POMC 20.32.090).
(d) Apartment (POMC 20.32.100).
(e) Accessory buildings (POMC 20.32.010(16)).
R5 Building Types
(3) Lot Dimensions.
(a) Minimum Lot Size by Building Type.
(i) Cottage court (POMC 20.32.040): 1,200 square feet.
(ii) Fourplex (POMC 20.32.080): 7,000 square feet.
(iii) Townhouse (POMC 20.32.090): 1,000 square feet.
(iv) Apartment (POMC 20.32.100): 10,000 square feet.
(b) Minimum Lot Width.
(i) Cottage court (POMC 20.32.040): 20 feet.
(ii) Fourplex (POMC 20.32.080): 60 feet.
(iii) Townhouse.
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: 16 feet.
(iv) Apartment: 80 feet.
� r -
R5 Lot Dimensions
(4) Maximum hard surface coverage is 80 percent.
(5) Principal Building Setbacks.
(a) Primary Street: 10 feet minimum or average front setback (see POMC 20.40.020).
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum (except attached housing types with dwellings on individual
lots such as townhouses which do not require a side interior setback).
(d) Rear: 10 feet minimum (four feet minimum where abutting an alley).
(6) Accessory Structure Setbacks.
(a) Primary street: 40 feet minimum.
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum. Side interior setback may be reduced to zero (0) feet within
principal building rear yard where an opened alley abuts rear property line.
(d) Rear: Three feet minimum (rear setback for an accessory structure abutting an allev may be
reduced to two fe
(e) Fire separation as specified in the building code may be required for accessory buildings.
(67) Build -to Zone (BTZ).
(a) Building facade in primary street: 60 percent minimum BTZ (percent of lot width).
(b) Building facade in side street: 30 percent minimum BTZ (percent of lot width).
R5 Building Placement
(78) Building Height.
(a) All buildings and structures: five stories/55 feet maximum.
Note: If a property is located within an area designated by the city as a receiving site for the transfer of
development rights, additional height for apartment buildings may be allowed. Refer to Chapter 20.41
POMC, Transfer of Development Rights Program, for additional information.
R5 Building Height
(Ord. 011-19 § 4 (Exh. 1)).
20.34.060 Residential 6 (116).
(1) Intent. The R6 district is primarily intended to accommodate detached house development with a
minimum lot size that varies based on building type. The R6 district is intended to implement the
residential medium density comprehensive plan designation in selected parts of the McCormick Woods
master planning area. Additional building types that are allowed include backyard cottage (detached
accessory dwelling unit), cottage court, duplex and attached house. Uses that would substantially
interfere with the residential nature of the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R6 zone are as follows:
(a) Detached house (POMC 20.32.020).
(b) Backyard cottage (detached ADU) (POMC 20.32.030).
(c) Cottage court (POMC 20.32.040).
(d) Duplex: side -by -side (POMC 20.32.050).
(e) Duplex: back-to-back (POMC 20.32.060).
(f) Attached house (POMC 20.32.070).
(g) Accessory buildings (POMC 20.32.010(16)).
R6 Building Types
(3) Lot Dimensions.
R6 Lot Dimensions
(a) Minimum Lot Size by Building Type.
(i) Detached house (POMC 20.32.020): 4,000 square feet.
(ii) Backyard cottage (detached ADU) (POMC 20.32.030): not applicable.
(iii) Duplex: side -by -side (POMC 20.32.050): 5,000 square feet.
(iv) Duplex: back-to-back (POMC 20.32.060): 5,000 square feet.
(v) Attached house (POMC 20.32.070): 2,500 square feet.
(b) Minimum Lot Width.
(i) Detached house (POMC 20.32.020): 40 feet.
(ii) Backyard cottage (detached ADU) (POMC 20.32.030): not applicable.
(iii) Duplex: Side -by -Side (POMC 20.32.050).
(A) Lots that take vehicular access from primary street: 60 feet.
(B) Lots that do not take vehicular access from primary street: 40 feet.
(iv) Duplex: back-to-back (POMC 20.32.060): 40 feet.
(v) Attached House (POMC 20.32.070).
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: 20 feet.
(4) Maximum hard surface coverage is 75 percent.
(5) Principal Building Setbacks.
(a) Primary street: 10 feet minimum or average front setback (see POMC 20.40.020).
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum.
(d) Rear: 10 feet minimum (rear setback for an accessory structure abutting an alley may be
reduced to two feet).
(6) Accessory Structure Setbacks. -
(a) Primary street: 40 feet minimum.
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum. Side interior setback may be reduced to zero (0) feet within
principal building rear yard where an opened alley abuts rear property line.
(d) Rear: I&Three feet minimum (rear setback for an accessory structure abutting an alley may
be reduced to two feet).
(e) Fire separation as specified in the building code may be required for accessory buildings.
R6 Building Placement
(7) Building Height.
(a) Principal building: three stories/35 feet maximum.
(b) Accessory structure: 24 feet maximum.
R6 Building Height
(Ord. 011-19 § 4 (Exh. 1)).
Next Planning Commission Meeting — August 2, 2022