033-20 - Ordinance - Adopting Minor Revisions and Corrections to Title 20 Unified Development CodeORDINANCE NO. 033-20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
MINOR REVISIONS AND CORRECTIONS TO TITLE 20 UNIFIED DEVELOPMENT
CODE OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on June 13, 2017, the Port Orchard City Council adopted ordinance 019-17
establishing a new unified development code (Title 20 POMC); and
WHEREAS, since the adoption of ordinance 019-17, on an annual basis the City has
docketed, considered and adopted amendments to Title 20, to correct minor errors and
internal conflicts and to clarify development regulations, pursuant to Chapter 20.06.020(7);
and
WHEREAS, the City may adopt amendments to the City’s development regulations
pursuant to RCW 36.70A.106; and
WHEREAS, on September 21, 2020, the City submitted to the Department of Commerce
a request for expedited review of the proposed minor revisions and corrections to Title 20,
pursuant to RCW 36.70A.106(3)(b); and
WHEREAS, on September 25, 2020, the City’s SEPA official issued a determination of non-
significance for the proposed adoption of minor revisions and corrections to Title 20, and
there have been no appeals; and
WHEREAS, on October 5, 2020, the City Council’s Land Use committee reviewed the
proposed minor revisions and corrections to Title 20, and directed staff to bring an ordinance
to the full Council for review; and
WHEREAS, on October 6, 2020, the Planning Commission held a duly-noticed public
hearing on the proposed adoption of minor revisions and corrections to Title 20, and **public
testimony was received**, and the Planning Commission recommended approval of the
proposed adoption; 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
Ordinance No. 033-20
Page 2 of 32
welfare; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the “Whereas” sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Section 20.04.060 is revised to read as follows:
20.04.060 Agenda process.
(1) The director shall prepare and administer a preliminary comprehensive plan amendment
agenda listing each application and containing written comments on proposed comprehensive
plan amendments. Any interested party, including applicants, citizens, and government agencies,
may submit items to the comprehensive plan amendment process agenda.
(2) All comprehensive plan amendment applications must be completed and submitted to the
planning department by 4:00 p.m. on January 31st of any year in order to be considered during
that year’s amendment process. Completed applications that are received after the submission
date will be placed on the comprehensive plan amendment agenda for the following calendar
year. Applications that are incomplete will be returned to the applicant.
(3) By February 28th of each year, the director shall compile and maintain for public review a
recommended final comprehensive plan amendment agenda for site-specific amendments and
for city-wide amendments, including any proposed development regulations necessary to
implement such amendments. The director shall base these docket recommendations on a
preliminary evaluation of the need, urgency, and appropriateness of the suggested
comprehensive plan amendment as well as the planning department staff and budget availability
to accommodate the public review process.
(4) The director shall provide notice of the recommended final comprehensive plan amendment
agenda as provided in POMC 20.04.080.
(5) The director shall provide the recommended final comprehensive plan amendment process
agenda of project-specific amendments and city-wide comprehensive plan amendments, along
with a brief description of each suggested plan amendment to the city council for review and
consideration. The city council, after considering the development director’s recommended final
Ordinance No. 033-20
Page 3 of 32
comprehensive plan amendment agenda, shall adopt the final comprehensive plan amendment
agenda for the current year plan amendment cycle no later than April 30th of each year.
SECTION 3. Table 20.22.020 is revised to read as follows:
Table 20.22.020 – Permit Review Type Classifications
Type I
Director
Decision
Judicial Appeal
Type II
Director Decision
HE Appeal
Type III
HE Decision
Judicial Appeal
Type IV
City Council Decision
Judicial Appeal
Type V
City Council
Decision
GMHB Appeal
Building
Permit1 (Subtitl
e X of this title)
Binding Site
Plan, Final
(Chapter 20.94
POMC)
Preliminary
Plat – Minor
Modifications
(Chapter 20.88
POMC)
Minor Land
Disturbing
Activity Permit
(Chapter 20.14
0 POMC and
POMC 20.150.1
00)
Boundary Line
Adjustment
(Chapter 20.84
POMC)
Code
Interpretation
(Chapter 20.10
POMC)
Legal
Nonconforming
Permit
Short Plat,
Preliminary,
Alteration of
Preliminary,
Alteration of Final,
Vacation of Final
(Chapters 20.86 and
20.96 POMC)
Temporary Use
Permit
(Chapter 20.58 POM
C)
Binding Site Plan –
Preliminary,
Alteration of
Preliminary,
Alteration of Final,
Vacation of Final
(Chapter 20.94 POM
C)
Stormwater
Drainage Permit
(Chapter 20.150 PO
MC)
Sign Permit (if SEPA
required)
(Chapter 20.132 PO
MC)
Shoreline
Substantial
Development
Preliminary Plat,
Preliminary Plat
Major
Modifications,
Alteration of Final,
Vacation of Final
(Chapters 20.88 and
20.96 POMC)
Variance
(Chapter 20.28 POM
C)
Conditional Use
Permit
(Chapter 20.50 POM
C)
Shoreline
Substantial
Development
Permit, Conditional
Use Permit, and
Nonadministrative
Variance
(Chapter 20.164 PO
MC)
Planned Residential
Developments
Final Plat –
Alteration or
Vacation
(Chapter 20.96 POM
C)
Final Plat
(Chapter 20.90 POMC)
Site-Specific Rezone
without
Comprehensive Plan
Amendment
(Chapter 20.42 POMC)
Development
Agreement
(Chapter 20.26 PO
MC)
Comprehensive
Plan Amendment –
Land Use Map
Amendment, Text
Amendment
(Chapter 20.04 PO
MC)
Legislative Zoning
Map Amendment
(Chapter 20.06 PO
MC)
POMC
Title 20 Code
Amendment
(Chapter 20.06 PO
MC)
Annex
ns
Ordinance No. 033-20
Page 4 of 32
Table 20.22.020 – Permit Review Type Classifications
Type I
Director
Decision
Judicial Appeal
Type II
Director Decision
HE Appeal
Type III
HE Decision
Judicial Appeal
Type IV
City Council Decision
Judicial Appeal
Type V
City Council
Decision
GMHB Appeal
(Chapter 20.54
POMC)
Short Plat, Final
(Chapter 20.86
POMC)
Sign Permit (if
SEPA not
required)
(Chapter 20.13
2 POMC)
Master Sign
Plan
Permit,
Administrative
(Chapter 20.164 PO
MC)
View Protection
Overlay District
(VPOD) Variance
(POMC 20.38.860)
Shoreline
Permit
Exemption
(Chapter 20.16
4 POMC)
Temporary Use
Permit,
Extension
(Chapter 20.58
POMC)
Sign Variance
(Chapter 20.132 PO
MC)
Major Land
Disturbing Activity
Permit
(Chapter 20.140 PO
MC and
POMC 20.150.100)
Variance –
Administrative
(Chapter 20.28 POM
C)
Untyped review and decision actions: preapplication meeting (Chapter 20.24 POMC), design review board review and
recommendation (POMC 20.127.030), tax exemption for multifamily development (Chapter 3.48 POMC), capacity
reservation certificate (Chapter 20.180 POMC), public works design variation, right-of-way permit (Chapter 12.04 POMC),
street use permit (Chapter 12.24 POMC), water/sewer connection permit (Chapter 13.04 POMC).
1 If a building permit application does not require SEPA review, no public notice is required. If a building permit application
requires SEPA review, public notice shall be provided consistent with the requirements for Type II applications pursuant to
Chapter 20.25 POMC.
Ordinance No. 033-20
Page 5 of 32
SECTION 4. Section 20.24.110 is revised to read as follows:
20.24.110 Notice of decision.
(1) Contents. The notice of decision issued by the director for Type I and II actions, and the
findings of fact and conclusions of law issued by the hearing body on Type III and IV actions
shall include the following, as a minimum:
(a) A list of all project permits included in the decision, including all permits being
reviewed through the consolidated review process;
(b) Date and description of the decision;
(c) Statement of any threshold determination made under SEPA (Chapter 43.21C RCW);
(d) Procedures for an administrative appeal, if any;
(e) Statement that the affected property owners may request a change in property tax
valuation notwithstanding any program of revaluation by contacting the Kitsap County
assessor;
(f) Duration of the permit approval and a statement summarizing the permit expiration
and extension procedures (if any); and
(g) Statement that the complete project permit file, including findings, conclusions, and
conditions of approval, if any, is available for review. The notice shall list the place that
the file is available and the name and telephone number of the city representative to
contact about reviewing the file.
(2) Persons Entitled to Receive Notice of Decision. A notice of decision, or the written findings
of fact and conclusions, shall be provided to the applicant, to any person who submitted
written comments on the application (other than a signed petition), to any person who testified
at the hearing or any person who requested in writing a copy of the decision, and to the Kitsap
County assessor.
(3) For project permit applications, the city shall issue a notice of decision within 120 days of
the issuance of the determination of technical completeness on the application, unless the
applicant has agreed to a different deadline.
Ordinance No. 033-20
Page 6 of 32
(4) In calculating the time periods for issuance of the notice of decision, the following periods
shall be excluded:
(a) Any period during which the applicant has been requested by the director to correct
plans, perform required studies, or provide additional required information. The period
shall begin from the date the director notifies the applicant of the need for additional
information, until the date the director determines that the additional information
satisfies the request for information, or 14 calendar days after the date the additional
information is provided to the city, whichever is earlier;
(b) If the director determines that the information submitted is insufficient, the applicant
shall be informed of the particular insufficiencies and the procedures set forth in
POMC 20.24.060 for calculating the exclusion period shall apply;
(c) Any period during which an environmental impact statement (EIS) is being prepared
pursuant to Chapter 43.21C RCW and Chapter 20.160 POMC;
(d) Any period for consideration and issuance of a decision for administrative appeals of
project permits;
(e) Any extension of time mutually agreed to in writing by the director and the applicant.
(5) The time limits established in this section do not apply to applications that:
(a) Are not project permit applications (such as amendments to the comprehensive plan
or a development regulation);
(b) Requires siting approval of an essential public facility;
(c) Are substantially revised by the applicant, in which case the time period shall start
from the date that a determination of completeness for the revised application is issued
by the director.
SECTION 5. Section 20.25.050 is revised to read as follows:
20.25.050 Notice of public hearing.
Ordinance No. 033-20
Page 7 of 32
(1) Mailed Notice of Public Hearing. The city shall use the records of the Kitsap County
assessor’s office as the official records for determining ownership of property. The director shall
mail notice of the public hearing as follows:
(a) At least 14 calendar days before the hearing date, notice shall be mailed to:
(i) The applicant and all owners or contract purchasers of record of the property that
is the subject of the application;
(ii) All property owners of record within 300 feet of the site;
(iii) Affected governmental agencies as determined by the city;
(iv) Any neighborhood or community organization whose boundaries include the
property proposed for development, and which has requested notice;
(v) Any person who submitted written comments on the application (other than a
signed petition);
(vi) Any person who submits a written request to receive notice; and
(vii) For appeals, the appellant and all persons who provided testimony in the original
decision.
(2) Affidavit of Mailed Notice of Public Hearing. The director shall have an affidavit of mailed
notice of public hearing prepared and made a part of the administrative record. The affidavit
shall be a sworn statement stating the date that the notice of public hearing was mailed to the
persons who must receive notice, as identified herein.
(3) Published Notice of Public Hearing. At least 10 calendar days before the hearing, notice of
the hearing shall be printed in the city’s official newspaper (a newspaper in general circulation
in the city). The newspaper’s affidavit of publication of the notice shall be made part of the
administrative record.
(4) Content of Notice of Public Hearing. The notice of public hearing shall contain:
(a) The name and address of the applicant and the applicant’s representative;
Ordinance No. 033-20
Page 8 of 32
(b) A description of the subject property reasonably sufficient to inform the public of its
location, including, but not limited to, a vicinity location or written description, a map or
postal address, and a subdivision lot and block designation, but need not include a legal
description. A legal description alone does not meet this requirement;
(c) The date, time, and place of the public hearing;
(d) The nature of the application and the proposed land use or uses that could be
authorized for the property;
(e) A statement that all interested persons may appear and provide testimony;
(f) The sections of the code that are pertinent to the hearing procedure, including, but not
limited to, the codes describing the applicable criteria and development standards that
apply to the application;
(g) The threshold determination made under SEPA (WAC 197-11-330), if any;
(h) A statement describing when the information in the administrative record may be
examined by the public and when and how written comments addressing findings
required for a decision by the decision-maker(s) may be admitted;
(i) The name of a city representative to contact and the telephone number where
additional information may be obtained;
(j) A statement explaining that a copy of the application, all documents relied upon by the
applicant, and a list of the applicable criteria for the application are available for
inspection by the public at no cost and that copies will be provided at the requestor’s
cost; and
(k) A statement explaining that a copy of the staff report will be available for inspection at
no cost at least seven calendar days prior to the hearing and that copies will be provided
at the requestor’s cost.
(5) Final notice of decision for project permits not requiring a public hearing shall be mailed to
the applicant in accordance with POMC 20.24.100.
Ordinance No. 033-20
Page 9 of 32
SECTION 6. Chapter 20.37 is revised to read as follows:
Chapter 20.37
Public and Community Space Districts
Sections:
20.37.010 Civic and institutional (CI).
20.37.020 Parks and recreation (PR).
20.37.030 Public facilities (PF).
20.37.010 Civic and institutional (CI).
(1) Intent. The civic and institutional district is intended to protect civic uses that serve the
surrounding neighborhoods or produce intense civic activities that do not readily assimilate into
other zoning districts. Activities may include, but are not limited to, religious facilities, fraternal
organizations, and schools. The civic and institutional district intends to provide for compliance
with the Religious Land Use and Institutionalized Persons Act (RLUIPA). The civic and
institutional district may be applied in any area of the city regardless of comprehensive plan
designation.
(2) Building Types Allowed. Building types are not applicable in the civic and institutional
district.
Ordinance No. 033-20
Page 10 of 32
Civic and Institutional Buildings
(3) Lot Dimensions.
(a) Minimum lot size: 7,000 square feet.
(b) Minimum lot width: 70 feet.
(4) Maximum hard surface coverage is 70 percent.
Civic and Institutional Lot Dimensions
(5) Principal Building Setbacks.
(a) Primary street: 15 feet minimum (may be reduced on designated storefront and mixed
designation streets, see Chapter 20.127 POMC).
(b) Side street: 10 feet minimum (may be reduced on designated storefront and mixed
designation streets, see Chapter 20.127 POMC).
(c) Side interior: 10 feet minimum.
(d) Rear: 10 feet minimum.
Ordinance No. 033-20
Page 11 of 32
Civic and Institutional Building Placement
(6) Building Height.
(a) All buildings and structures: three stories/55 feet maximum.
Civic and Institutional Building Height
Ordinance No. 033-20
Page 12 of 32
20.37.020 Parks and recreation (PR).
(1) Intent. The parks and recreation district is intended to create, preserve and enhance park
land to meet the active and recreational needs of residents. The parks and recreation district is
intended to provide for both improved and unimproved park land. Activities may include, but
are not limited to, structures or other active, player-oriented facilities such as playgrounds,
recreational fields, ballfields, sport courts, dog parks, and associated accessory facilities such as
parking areas and restrooms. The parks and recreation district is also intended to accommodate
buildings of a public nature such as community and recreation centers. The parks and
recreation district may be applied in any area of the city regardless of comprehensive plan
designation.
(2) Building Types Allowed. Building types are not applicable in the parks and recreation district.
Parks and Recreation Buildings
(3) Lot Dimensions.
(a) There shall be no minimum lot size within the parks and recreation district.
(b) There shall be no minimum lot width within the parks and recreation district.
Ordinance No. 033-20
Page 13 of 32
Parks and Recreation Lot Dimensions
(4) Building Setbacks.
(a) Primary street: 10 feet minimum.
(b) Side street: 10 feet minimum.
(c) Side interior: 10 feet minimum.
(d) Rear: 10 feet minimum.
Ordinance No. 033-20
Page 14 of 32
Parks and Recreation Building Placement
(5) Building Height.
(a) All buildings and structures: 35 feet maximum.
Parks and Recreation Building Height
Ordinance No. 033-20
Page 15 of 32
20.37.030 Public facilities (PF).
(1) Intent. The public facilities district is intended to provide for public facility uses that serve
the city and which may not readily assimilate into other zoning districts. The public facilities
district may be applied in any area of the city regardless of comprehensive plan designation.
The public facilities district intends to accommodate buildings of a public nature such as police,
fire or EMS stations and government offices.
(2) Building Types Allowed. Building types are not applicable in the public facilities district.
(3) Lot Dimensions.
(a) Minimum lot size: 7,000 square feet.
(b) Minimum lot width: 70 feet.
(4) Maximum hard surface coverage is 95 percent.
Civic and Institutional Lot Dimensions
(5) Principal Building Setbacks (from Ground Level up to 40 Feet).
Ordinance No. 033-20
Page 16 of 32
(a) Primary street: 10 feet minimum (may be reduced on designated storefront and mixed
designation streets, see Chapter 20.127 POMC).
(b) Side street: 10 feet minimum (may be reduced on designated storefront and mixed
designation streets, see Chapter 20.127 POMC).
(c) Side Interior.
(i) Side interior abutting nonresidential: five feet minimum.
(ii) Side interior abutting residential: 20 feet minimum.
(d) Rear.
(i) Abutting nonresidential: five feet minimum.
(ii) Rear abutting residential: 20 feet minimum.
Civic and Institutional Building Placement
(6) Building Height.
Ordinance No. 033-20
Page 17 of 32
(a) All buildings and structures: five stories/85 feet maximum (it is recognized that public
buildings may have higher per story heights than other building types hence the 85-foot
height limit).
Civic and Institutional Building Height
SECTION 7. Section 20.39.380 is revised to read as follows:
20.39.380 Business services.
(1) Defined. A facility providing professional office and commercial retail businesses with
services including maintenance, repair and service, testing, and rental, such as business
equipment repair services, document storage, document destruction, and soils and materials
testing laboratories. This use excludes maintenance, repair, and service uses that are industrial
in nature or that include outdoor storage of equipment or supplies. Examples include but are
not limited to: Uses that include maintenance, repair and service such as copiers or computers
are allowed. Uses that include maintenance, repair and service related to plumbing,
landscaping, commercial kitchens or other industrial type uses are not allowed.
SECTION 8. Section 20.54.090 is revised to read as follows:
POMC 20.54.090 Administration of nonconforming permits.
Ordinance No. 033-20
Page 18 of 32
(1) The following steps shall be followed in the processing of nonconforming permits:
(a) Determination of complete application (POMC 20.24.060);
(b) Determination of consistency (POMC 20.24.100); and
(c) Notice of decision by director (POMC 20.24.110).
SECTION 9. Section 20.100.060 is revised to read as follows:
20.100.060 Street length.
1) Length of a Block or Street Segment. The maximum length of any block or street segment
(including a looped street) shall be 600 feet along arterial streets. Block faces shall not exceed
800 feet along other streets and the full perimeter of a block shall not exceed 2,400 feet except
where topographic or critical areas features on parcels of one-half acre or larger would justify
an exception from this requirement. Cul-de-sac streets shall adhere to Table 20.100.070(1) or
other requirements herein. Measurements shall be measured along the centerline of the street
from the centerline or center point of one intersection to the centerline or center point of the
next intersection. For the purposes of measurement, either a full four-way intersection or a “T”
three-way intersection shall be considered an intersection.
(2) Where significant topographic features, or critical areas features, are present and will be
retained on parcels of one-half acre or larger in size that are proposed for development, if one
of the three options provided below are implemented within each block that exceeds 800 feet
in face length or 2,400 feet in perimeter length, the street length standards in this section shall
be considered met:
(a) Blocks containing retention or detention ponds;
(b) Blocks containing parks; or
(c) Development where the proposed development abuts the rear of an existing
development and no rights-of-way have been provided.
(3) Maximum Length of a Cul-De-Sac Street.
(a) No cul-de-sac served by one access point in any single-family, multiple-family,
industrial, or commercial subdivision shall exceed 450 feet in length or the length as
shown in Table 20.100.070(1), whichever is less.
Ordinance No. 033-20
Page 19 of 32
(b) No cul-de-sac in any single-family subdivision district shall be designed to serve more
than 25 single-family dwelling units, unless an exception is granted by the hearing
examiner to the maximum length, in which case the maximum number of dwelling units
shall be increased in the same percentage as the maximum length has been increased.
(c) For purposes of this subsection, cul-de-sac length shall be measured along the
centerline of the cul-de-sac from a point beginning at the intersection of the cul-de-sac
street with the centerline of the street from which it extends to the center of the
turnaround at the end of such cul-de-sac. (Also see POMC 20.100.070 for cul-de-sac
requirements.) For the purposes of measurement, either a full four-way intersection or a
“T” three-way intersection shall be considered an intersection.
(d) An exception to the maximum cul-de-sac lengths may be granted by the decision-
making authority to develop a parcel:
(i) With significant topographic constraints such as those documented in a geological
report or where the resulting roadway would exceed a 12 percent grade;
(ii) With critical areas requiring protection on or adjacent to the parcel;
(iii) That is effectively landlocked with no other alternative than a cul-de-sac
exceeding 450 feet;
(iv) Is in a proposed subdivision that has such a unique configuration that the only
way to serve the area in question is with a cul-de-sac exceeding 450 feet. Such
exception shall not be granted if the length of the cul-de-sac can be reduced by
connection to an adjacent and/or parallel street. The desire to gain additional lots
from the cul-de-sac exception by itself is not reason enough to grant such exception
to the maximum length;
(v) Additional modifications may be required by the decision-making authority upon
recommendation by the fire authority including intermediate turnarounds
(eyebrows) to accommodate emergency vehicles being provided at a maximum
distance of 300 feet;
(vi) Building construction within the area of the cul-de-sac beyond the 450 feet
distance shall be fire sprinklered and a note shall be added to the recording plat and
the subdivision improvement plans indicating that buildings are required to be
sprinklered within the subdivision, and which lot numbers have such requirement.
Ordinance No. 033-20
Page 20 of 32
(4) Cross-Reference. Also see POMC 20.100.070 for cul-de-sac requirements.
SECTION 10. Section 20.122.060 is revised to read as follows:
20.122.060 Porch.
A raised structure attached to a building, forming a covered entrance to a doorway.
The 50 percent porch width shall be measured to include the habitable ground floor portion of
the detached house only.
Ordinance No. 033-20
Page 21 of 32
The 50 percent porch width shall be measured to include the habitable ground floor portion of
the detached house only.
(1) A front porch must be at least six feet deep (not including the steps). A portion of the porch
may be less than six feet deep; provided, that the front door is recessed by at least six feet.
(2) A front porch must be contiguous, with a width not less than 50 percent of the building
facade from which it projects. For the purposes of this section, the front building facade shall
not include that portion of the house containing an attached side-by-side garage.
(3) A front porch must be roofed and may be screened, but cannot be fully enclosed.
(4) A front porch may extend up to nine feet, including the steps, into a required front setback;
provided, that such extension is at least three feet from the vertical plane of any lot line.
(5) A front porch may not encroach into the public right-of-way.
SECTION 11. Section 20.127.150 is revised to read as follows:
20.127.150 Storefront block frontage standards.
(1) Description/Purpose. Storefront block frontages are the most vibrant and active shopping
and dining areas within the city and serve the purpose of attracting pedestrians to enliven the
streetscape. Blocks designated as storefront blocks include continuous storefronts placed along
the sidewalk edge with small scale shops and/or frequent business entries.
Ordinance No. 033-20
Page 22 of 32
Figure 20.127.150(1)
Storefront Vision and Key Standards
(2) Standards. All development as set forth in POMC 20.127.130 on sites containing a storefront
block frontage designation must comply with the following standards (on applicable block
frontages):
Table 20.127.150(2)
Storefront Block Frontage Standards
Element Standards Examples and Notes
Ground floor
Land use Nonresidential uses, except
for lobbies associated with
residential or hotel/motel
uses on upper floors.
Ordinance No. 033-20
Page 23 of 32
Table 20.127.150(2)
Storefront Block Frontage Standards
Element Standards Examples and Notes
Floor to ceiling height Refer to building type (applies
to new buildings only).
Retail space depth 20 feet minimum (applies to
new buildings only). ⇐
Building placement Required at front property
line/back edge of sidewalk.
Additional setbacks are
allowed for widened
sidewalks, pedestrian-
oriented space
(POMC 20.127.350(4)), or
where additional future right-
of-way acquisition is planned
by the city.
Building entrances Must face the street. For
corner buildings, entrances
may face the street corner.
Facade transparency 60 percent minimum. ⇐ Also see POMC 20.127.140 for additional
clarification on transparency standards.
Weather protection Weather protection with 8 to
15 feet vertical clearance at
least 6 feet in minimum depth
along at least 80 percent of
facade. ⇐
Retractable awnings may be
used to meet these
requirements.
Weather protection must not
obstruct utility poles or street
trees.
For downtown properties on Bay Street
and adjacent to the city-owned
marquee, new development may utilize
the existing marquee (subject to
approval by the public works director) or
new independent weather protection to
meet this provision.
Ordinance No. 033-20
Page 24 of 32
Table 20.127.150(2)
Storefront Block Frontage Standards
Element Standards Examples and Notes
Weather protection shall
comply with WSDOT
standards for setback from
the face of the curb and may
have the effect of reducing
the minimum weather
protection depth.
Parking location
Also see
Chapter 20.124 POMC
for related parking
requirements
New surface or ground level
parking areas must be placed
to the side or rear of
structures and are limited to
60 feet of street frontage. ⇐
Provide a 6-foot minimum
buffer of landscaping
between the street and off-
street parking areas meeting
the standards of
Chapter 20.128 POMC. ⇐
Sidewalk width 12 feet minimum between
curb edge and storefront,
including a minimum walking
surface width of 8 feet and a
clear/buffer zone with street
trees. ⇐
(3) Departure Criteria. Departures from the above standards that feature the ⇐ symbol will be
considered by the reviewing authority (the director or hearing examiner, as appropriate),
Ordinance No. 033-20
Page 25 of 32
provided the alternative proposal meets the purpose of the standards, plus the following
criteria:
(a) Retail Space Depth. Reduced depths will be considered where the applicant can
successfully demonstrate the proposed alternative design and configuration of the space
is viable for a variety of permitted retail uses;
(b) Facade Transparency. The proposed alternative design treatment of facade area
between ground level windows provides visual interest to the pedestrian and mitigates
impacts of any blank wall areas. No less than 40 percent of the facade between 30 inches
and 10 feet above the sidewalk may be approved with a departure;
(c) Weather Protection. Other proposed alternative design treatments must provide
equivalent weather protection benefits;
(d) Parking Location. There must be an acceptable tradeoff in terms of the amount and
quality of storefront area that is integrated with the development and the applicable
parking location departure. Plus, the alternative must include design features to
successfully mitigate the visual impact of additional parking areas along designated
storefront streets; and
(e) Sidewalk Width. Alternative designs may be considered where topographical
challenges exist. Alternative designs must be able to accommodate safe and comfortable
pedestrian traffic anticipated for full block development.
SECTION 12: Section 20.127.340 is revised to read as follows:
20.127.340 Vehicular circulation and parking.
The standards herein supplement the provisions of public works standards and
Chapter 20.124 POMC. Where there is a conflict, the provisions herein apply, except that the
public works director may override this requirement and apply the public works standard for a
driveway if the public works director finds that a failure to apply the public works standards will
result in a threat to public safety.
(1) Purpose.
(a) To create a safe, convenient, and efficient network for vehicle circulation and parking.
Ordinance No. 033-20
Page 26 of 32
(b) To enhance the visual character of interior access roads.
(c) To minimize conflicts with pedestrian circulation and activity.
(2) Driveway Provisions.
(a) Driveways must comply with the public works standards. Where there is a conflict
between the driveway provisions in this chapter and those in the public works standards,
the driveway provisions in this chapter apply, except that the public works director may
override this requirement and apply the public works standard for a driveway if the public
works director finds that a failure to apply the public works standards will result in a
threat to public safety.
(b) Drive aisles must meet the standards set forth in POMC 20.124.100, Off-street parking
design standards.
(c) Minimize parking lot entrances, drive aisles, and other vehicle access routes onto
private property from a public right-of-way through the following means:
(i) Driveway lanes crossing a public sidewalk must be no wider than the minimum
required per entry or exit lane. The city may impose additional restrictions to parking
lot and vehicle access points to reduce impacts to public safety, pedestrian
movement, on-street vehicle circulation, and visual qualities.
(ii) Minimize the number of driveway entrances and comply with the public works
standards for driveway entrances.
(iii) The reviewing authority may require joint drive aisles serving adjacent
developments when joint access is physically and legally available.
(iv) Minimize conflicts between entries and vehicle parking and maneuvering areas.
(v) At street corner sites, drive aisles must be located on the lowest classified
roadway and as close as practical to the property line most distant from the
intersection, unless the reviewing authority finds there is a compelling reason to the
contrary.
Ordinance No. 033-20
Page 27 of 32
(d) Port Orchard Boulevard Access. Access from Port Orchard Boulevard except for areas
with a designated block frontage as shown in the community design framework maps in
POMC 20.127.130 shall be prohibited.
(3) Intersite Connectivity. The provision of through vehicle access connections between
commercially or nonresidentially zoned properties is required except where the reviewing
authority determines it is infeasible or undesirable (e.g., where it is determined that such a
vehicle connection would impact safe pedestrian movement). See Article II of this chapter for
specific block frontage standards. Vehicle access may be in the form of a dedicated or private
alley, connected or shared parking lots, shared drive aisles, or similar features.
(4) Internal Roadway Design.
(a) To increase the function and appearance of internal roadways on large sites (greater
than two acres), street trees and sidewalks must be provided on all internal access
roadways, excepting access roads designed solely for the purpose of service (e.g., waste
pick-up) and loading.
(b) In some instances where traffic speed and volume are low, the reviewing authority
may approve a street where vehicle, bicycle and pedestrian movement are mixed such as
in a “woonerf” or “shared street.” Woonerf streets must feature traffic calming and safety
measures as well as landscape and amenity features as determined by the reviewing
authority.
Ordinance No. 033-20
Page 28 of 32
Figure 20.127.340(4)
Good Internal Roadway Examples
The examples above include angled parking and planter strips with street trees. Pedestrian-
scaled lighting also contributes to the character in the upper right image.
The above left image illustrates a thoroughfare lane with a row of street trees. A sidewalk is
included on one side of the street to provide a strategic connection between businesses.
The right image illustrates the curbless “woonerf” design where travel speeds are low and
lanes are shared between pedestrians and vehicles.
(c) Drive-Through Facilities. Where allowed, drive-through facilities (e.g., drive-up
windows) must comply with the following:
Ordinance No. 033-20
Page 29 of 32
(i) Drive-through lanes, including waiting and holding lanes, must be buffered from
the street and internal walkways by one or both of the following:
(A) A planting strip at least five feet wide with continuous plantings of
evergreen shrubs and/or trees that will, at maturity, provide a continuous
evergreen screen at least four feet tall.
(B) A wall at least three feet high constructed of brick, stone or siding materials
that matches the principal walls of the building.
Departure: Alternative screening schemes may be approved provided they include
both the wall and a substantial vegetative screen. The landscaping must comply with
Chapter 20.128 POMC.
(ii) Drive-through lanes must not restrict pedestrian access between a public
sidewalk and on-site buildings. Walkways must not be located within required
stacking space as set forth in the public works standards.
(iii) This section contains standards for drive-through lanes and facilities. Signs
associated with drive-through lanes are regulated under POMC 20.132.150(7).
SECTION 13: Section 20.160.190 is revised to read as follows:
20.160.190 Public notice.
(1) Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-
360(3), the city shall give public notice as follows:
(a) If public notice is required for a nonexempt license, the notice shall state whether a DS
or DNS has been issued and when comments are due;
(b) If no public notice is required for the permit or approval, the city shall give notice of
the DNS or DS in accordance with the requirements of Chapter 20.25 POMC, except that
for non-project actions as defined in WAC 197-11-774, the city shall give notice of the DNS
or DS in accordance with the requirements of WAC 197-11-510(1)(b) and (g).
(2) When the city issues a DS under WAC 197-11-360(3), the city shall state the scoping
procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.
Ordinance No. 033-20
Page 30 of 32
(3) Whenever the city issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620,
notice of the availability of those documents shall be given by:
(a) Indicating the availability of the DEIS in any public notice required for a nonexempt
license; and in accordance with the requirements of Chapter 20.25 POMC.
(4) Whenever possible, the city shall integrate the public notice required under this section with
existing notice procedures for the city’s nonexempt permit(s) or approval(s) required for the
proposal.
(5) The city may require an applicant to complete the public notice requirements for the
applicant’s proposal at his/her expense.
SECTION 14: Section 20.162.072 is revised to read as follows:
20.162.072 Development standards.
Those regulated uses identified below within designated fish and wildlife habitat conservation
areas shall comply with the performance standards outlined in this section. Potential impacts to
fish and wildlife habitat conservation areas or their buffers shall be appropriately identified and
mitigated consistent with Article XII of this chapter.
(1) Buffers and Building Setbacks. Buffers or setbacks shall be maintained along the perimeter
of fish and wildlife habitat conservation areas, as listed in Table 5. Distances shall be measured
from the ordinary high water mark (OHM) or from the top of the bank where the OHM cannot
be identified. Buffers shall be retained in their natural condition. It is acceptable, however, to
enhance the buffer by planting indigenous vegetation, as approved by the department.
Alteration of buffer areas may be allowed for water-dependent and water-related activities
subject to the city’s shoreline master program (Chapter 20.164 POMC), and for development
authorized by POMC 20.162.034, Exceptions, POMC 20.162.032, Exemptions,
POMC 20.162.038, Nonconforming – Existing structures, or POMC 20.162.036, Variances. The
buffer width shall be increased to include streamside wetlands which provide overflow storage
for stormwaters, feed water back to the stream during low flows or provide shelter and food
for fish. In braided channels, the ordinary high water mark or top of bank shall be defined so as
to include the entire stream feature. Refuse shall not be placed in buffers.
Ordinance No. 033-20
Page 31 of 32
Table 5
CATEGORY BUFFER
WIDTH
STANDARD
MINIMUM
BUILDING
SETBACK
OTHER DEVELOPMENT STANDARDS
Streams
Water Type For minor new development the department may reduce
the buffer width by up to 25 percent through an
administrative buffer reduction process when review
with the Washington State Department of Fish and
Wildlife determines that conditions are sufficient to
protect the affected habitat. The buffer shall not be less
than 25 feet. Where applicable, refer to the
development standards in this chapter. Where such
features occur on a site, the more restrictive buffer or
building setback will apply.
F 150 feet 15 feet
beyond
buffer
Np 50 feet 15 feet
beyond
buffer
Ns 50 feet 15 feet
beyond
buffer
Lakes – Less Than 20 Acres (Non-Type 1 Waters of the State)
Zoning
Designation
Where applicable, refer to the development standards in
this chapter. Where such features occur on a site, the
more restrictive buffer or building setback will apply. Community
Facilities
None 50 feet
Commercial,
Mixed Use
None 50 feet
Employment None 50 feet
Greenbelt,
Residential
None 35 feet
Wildlife Habitat Conservation Areas
Class I Buffer widths and setbacks will be determined through mandatory habitat plan.
Class II Site-specific conditions will determine the need for the preparation of a habitat
plan for buffer widths and setbacks.
SECTION 15. Severability. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
Ordinance No.033-20
Page32 of 32
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 16. 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 17. Effective Date. This ordinance shall be published in the official newspaper
of the city and shall take full force and effect five (5) days after the date of publication. A
summary of this ordinance in the form of the ordinance title may be published in lieu of
publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested
by the City Clerk in authentication of such passage this 27th day of October 2020.\^e
ATTEST
n v rson,MMC, City Clerk
APPROVED AS TO FORM
Charlotte A. Archer, City Attorney
PUBLTSHED; October30,2020
Robert Putaansuu, Mayor
Sponsored by:
Scott Diener, Councilmember
EFFECTIVE DATE: November 4,2020