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037-22 - Ordinance - Amending Title 20 for Accessory Structure SetbacksDocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC ORDINANCE NO. 037-22 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGARDING ACCESSORY STRUCTURE SETBACKS, AMENDING SECTIONS 20.33.010, 20.34.010, 20.34.020, 20.34.030, 20.34.040, 20.34.050, AND 20.34.060 OF THE PORT ORCHARD MUNICIPAL CODE TO PROVIDE CONSISTENT ACCESSORY STRUCTURE SETBACKS IN RESIDENTIAL DISTRICTS PROVIDING FOR CORRECTIONS, SEVERABILITY, AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, on March 12, 2019, the City Council adopted Title 20 (Unified Land Use and Development Code) of the Port Orchard Municipal Code (POMC), Ord. 011-19, containing the City of Port Orchard's land use, zoning and permitting regulations; and WHEREAS, the City Council desires to amend POMC Sections 20.33.010, 20.34.010, 20.34.020, 20.34.030, 20.34.040, 20.34.050, and 20.34.060 to create consistent accessory structure setbacks in Residential districts; and WHEREAS, this Ordinance was submitted to the Department of Commerce for 15-day expedited review on July 15, 2022 which was granted by Commerce and the requisite time has now passed to allow this ordinance to be adopted; and WHEREAS, on July 14, 2022, the City's SEPA official issued a determination of nonsignificance for the proposed amendment, which was published and provided to the public in accordance with POMC 20.160.190 and WAC 197-11-510, and there have been no appeals; and WHEREAS, on July 19, 2022, the City issued a Notice of Public Hearing for the proposed amendments to POMC 20.33.010, 20.34.010, 20.34.020, 20.34.030, 20.34.040, 20.34.050, and 20.34.060, which was published and provided to the public in accordance with POMC 20.25.050; and WHEREAS, the Planning Commission conducted a public hearing on the substance of this Ordinance on August 2, 2022, and recommended adoption by the City Council; and WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City and further advance the public health, safety and welfare, now, therefore, DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 2 of 24 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein. SECTION 2. The Port Orchard Municipal Code, Section 20.33.010, is hereby amended to read as follows: 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. ,fiAA44 M W Greenbelt Buildings (3) Lot Dimensions. Gross Density: 1 unit/2 acres maximum DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 3 of 24 Area Width (B) (A) Detached 2 No house acres minimum min Greenbelt Lot Dimensions (4) Maximum hard surface coverage is 15 percent. (5) Building Placement. Principal Building Setbacks: (a) Primary 15 (A) street ft min (b) Side 10 (B) street ft min (c) Side 5 ft (C) interior min (d) Rear 10 (D) ft min Accessory Structure Setbacks: a) Primary Street 40 ft min (A) b) Side street 10 ft min (B) o ms)nEnvelope ID:e 584FFA- 9B4FBykAl 3c c1mmcc Ordinance No. 037 22 Page 4 0 24 d Side interior 5 R m ¥ (q gl Rear 5 R m ¥ (D) �. w, Greenbelt Building Placement (B) Building Height. Principal i (A) building aories35 R max Accessory 24 R max (B) structure z•� �� �-� 46 w q xy� d d Greenbelt Building Height DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 5 of 24 SECTION 3. Section 20.34.010 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.34.010 Residential 1 (111). (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. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC �� r (a) Minimum Lot Size. Ordinance No. 037-22 Page 6 of 24 (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. o ms)nEnvelope ID:e 584FFA- 9B4FBykAl 3c c1mmcc Ordinance No. 037 22 Page 7 0 24 � w� 2 � R1 Building Placement (7) Building Height. (a)Principal building: three stoHesaSfeet maximum. (b)Acessory structure: 2 feet maximum. .*� 400 R1 Building Heigh SECTION 4 Section 20.34 020 of the Port Orchard Municipal Code is hereby amended to ?ad asfollows: 20 a4 020 Residential 2(112. (1} Intent. The RZ diaries is primarily intended to accommodate detached house, duplex, and townhouse development with minimum lot size that varies based on building type. The RZ $aHc is DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 8 of 24 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. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 9 of 24 w 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. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 10 of 24 (4) Maximum hard surface coverage is 70 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 (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: 4,9 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) DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 11 of 24 R2 Building Height SECTION S. Section 20.34.030 of the Port Orchard Municipal Code is hereby amended to read as follows: 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)). DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 R3 Building Types (3) Lot Dimensions. Page 12 of 24 (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). DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 13 of 24 (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. 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 (01 feet within principal building rear yard where an opened alley abuts rear property line. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 14 of 24 (d) Rear:10 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. R3 Building Placement 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) x. M1 4 R3 Building Height DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 15 of 24 SECTION 6. Section 20.34.040 of the Port Orchard Municipal Code is hereby amended to read as follows: 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. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 16 of 24 (B) Lots that do not take vehicular access from primary street: 16 feet. (iv) Apartment: 80 feet. } 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). tQ 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 alley may be reduced to two feetl. 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). DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 17 of 24 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 SECTION 7. Section 20.34.050 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.34.050 Residential 5 (R5). (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 DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 18 of 24 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)). It (3) Lot Dimensions. R5 Building Types (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. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 19 of 24 � J Y 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 alley may be reduced to two feet). 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). DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 20 of 24 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 SECTION 8. Section 20.34.060 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.34.060 Residential 6 (R6). (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 DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 21 of 24 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. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 22 of 24 w 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. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 23 of 24 (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: 19 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 DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Ordinance No. 037-22 Page 24 of 24 SECTION 9. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 10. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 11. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 12. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 13t" day of September 2022. ATTEST: a cuSigned by: 74 UJAUAtt Brandy Wallace, MMC, City Clerk /_1»[i91y"_1.12r0110110k E LDocuSigned by: ��-�_ Charlotte A. Archer, City Attorney PUBLISHED: September 23, 2022 EFFECTIVE DATE: September 28, 2022 ned by: FZU �I AAIn iltiiti Robert Putaansuu, Mayor SPONSOR: Scott Diener, Councilmember