POMC 20.38 -Overlay DistrictsChapter 20.38
OVERLAY DISTRICTS*
Sections:
20.38.200 McCormick Village overlay district (MVOD) boundary
20.38.205 MVOD purpose.
20.38.210 MVOD applicability.
20.38.215 MVOD conflicts.
20.38.220 MVOD land use.
20.38.225 MVOD buiWingtv. Development Standards by District.
20.38.230 MVOD building type standards.
20.38.235 Repealed.
20.38.240 MVOD building elements.
20.38.245 MVOD sign code.
20.38.250 MVOD lot and road layout.
20.38.260 MVOD road standards.
20.38.270
MVOD off-street parking standards.
20.38.280
MVOD tree canopy standards.
20.38.285
Building design.
20.38.290
MVOD architecturalvariety.
20.38.300
Ruby Creek overlay district boundary
20.38.305
Purpose.
20.38.310
Applicability.
20.38.315
Conflicts.
20.38.320
Land use.
20.38.600 ovitmhHeight o verla�Mstrict ($HOD.
20.38.610 OHOD intent.
20.38.620 -DHOD applicability.
20.38.630 DHOD conflicts.
20.38.640 DHOD height limits.
20.38.650 DHOD height measurement.
20.38.660 DHOD variances.
20.38.670 DHOD map amendments.
20.38.700 Self storage overlay district (SSOD).
20.38.710 SSOD intent.
20.38.720 SSOD aapalicability.
20.38.730 SSOD conflicts.
20.38.740 SSOD map amendments.
20.38.800 View protection overlay district (VPOD).
20.38.810 VPOD intent.
20.38.820 VPOD applicability.
20.38.830 Conflicts.
20.38.840 VPOD height limits.
20.38.850 VPOD height measurement.
20.38.860 VPOD variances.
20.38.870 VPOD map amendments.
20.38.880 VPOD landscaping.
* Prior legislation: Ords. 019-17, 008-18 and 010-18.
20.38.200 McCormick Village overlay district (MVOD) boundary.
A McCormick Village overlay district (MVOD) is hereby established within the neighborhood
core of the McCormick Village subarea as illustrated in Figure 20.38.200.
Figure 20.38.200 — The MVOD Boundary
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20.38.205 MVOD purpose.
The purpose of the McCormick Village overlay district (MVOD) is to implement the
McCormick Urban Village subarea plan and enable compact, walkable urban development
within the subarea's neighborhood core.
20.38.210 MVOD applicability.
The standards of the MVOD shall apply to lands within the MVOD neighborhood core
boundary as shown in Figure 20.38.200.
20.38.215 MVOD conflicts.
Where a conflict exists between this chapter and other chapters, this chapter shall control.
20.38.220 MVOD land use.
(1) Use. Properties within the MVOD are subject to the land use regulations described in
Chapter 20.39 POMC consistent with the property's zoning designation on the adopted city
of Port Orchard zoning map.
20.38.225 MVOD building types.
(1) No new building may be erected within the MVOD except in conformance with this
section.
(2) Building Types. Building types only as listed blowin POMC 20.38.225(3), and as
described in POMC _^."-.2-W21L32, shall be permitted within the MVOD. Additional
standards for specific building types within the MVOD as described On POMC 28.38.238 are
required. Buildings shall comply with the development standards described in the
particuLar it ing type description in POMC 20.32, but shall rely on the
Development Standards-afrd within POMC 20.38.230 regardless of
zoning designation t.n'___ otherwise noted. Buildings shall comply with the MVE)D design
standards as established in POMC 20.36-.2$5127 and POMC 20.139 as applicable to the
building type. Buildings shall comply with architectural variation requirements in
POMC &.-3 20.139.035.
(3) MVOD Building Type Zoning Matrix Key.
(a) Permitted Building Type (P). Indicates a buildingtype is permitted in the zoning
designation.
(b) Building Type Not Permitted (--). Indicates a buildingtype is not permitted in the
zoning designation.
Building Types
Zoning Designation
Residential
Neighborhood
Mixed Use
Commercial Mixed
Use
Detached House
P
P
--
Backyard Cottage
P
P
--
Carriage House
P
P
P
Gotta e
Housin
P
P
--
Duplex. Side -by So
P
P
--
Attached ' Stacked Flat
P
P
--
Townhouse
P
P
P
Trite
P
P
--
Building Types
Zoning Designation
Residential 3
Neighborhood
Mixed Use
Commercial Mixed
Use
Fourplex
P
P
--
Fiveplex
Sixplex
Apartment
P
P
P
Forecourt Apartment
Courtyard Apartment
P
P
P
Live -Work
--
P
P
Single -Story Shopfront
--
--
P
Mixed -Use Shopfront
--
--
P
Accessory Building
P
P
P
20.38.230 MVOD building type standar Development Standards by District.
(1) Lot and Placement
a..
Lot Area
Residential 3 I Set by district I C
Neighborhood Mixed Use
Set by district
c
Commercial Mixed Use
Set by district
C
Lot Width
Residential 3
Set by district
B
Neighborhood Mixed Use
Set by district
B
Commercial Mixed Use
Set by district
B
Lot Coverage
Residential 3
Set by district
C
Neighborhood Mixed Use
Set by district
C
Commercial Mixed Use
Set by district
C
Principal Building Setback
Residential3
Neighborhood
Mixed Use
Commercial
Mixed Use
Primarystreet treet
5 ft. min./15 ft.
3 ft, min./15 ft.
max.
Oft, min./15 ft.
D
max.
max.
Side street
5 ft. min.
5 ft. min.
5 ft. min.
E
Side interior
3 ft. min.
5 ft. min.
5 ft. min.
F
Rear/allev
5 ft min/0 ft
5 ft min/0 ft
5 ft min/0 ft
G
Accessory Building Setbacks
Residential3
Neighborhood
Mixed Use
Commercial
Mixed Use
Primary street
Behind the front
Behind the front
Behind the front
D
wall of the
orinci�al
it in
wall of the
principal building
wall of the
orinci�al
4 it in
Side street
5 ft. min.
5 ft. min
5 ft. min
E
Side interior
Oft. min
Oft. min
Oft. min
F
Rear/allev
5 ft. min.. Oft.
from alley
5 ft. min —Oft.
from alley
5 ft. min.. Oft.
from alley
G
Buildin
Separation
10 ft. min.
10 ft. min.
10 ft. min.
(2)Height and Form
I
BuiLding
H i
Residential 3
Neighborhood
Commercial Mixed
Use
Mixed Use
Principal
Set by district
Set by district
Set by district
A
B it in
Accessory
Set by district
Set by district
Set by district
B
Buildin
Buildin
Principal
Set by building
Set by building tune.
Set by building
C. D
Refer to POMC
Buildin
type. Refer to
type. Refer to
POMC 20.32
20.32
POMC 20.32
Accessory
Set by building
Set by building type.
Set by building
C. D
Refer to POMC
Buildin
ttype.
type.
Refer to POMC
20.32
Refer to POMC
20.32
20.32
*Does not apply to McCormick Village Drive or Old Clifton.
20.38.235 MVOD.
RepeaLed by Ord. 038-22.
20.38.240 MVOD building
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the requirements provided in POMC 20.1223he foRovving standards are intended to
■ .
street -facing facade, are of sufficient size to be both usabie and functional and bre
_ _ _incorporate at least _of the allowed ■ _ _ _ _ _ _ _ _ _ provided _ the spec]ific
building type development standards in ■
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(ii) A balcony must have a clear height above the sidewalk of at least nine
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A forecotirt nitist be no niore than one-half of the width of tile building
face, and in no case more than 45 feet in w dth.
(00) The depth of the forecourt may exceed the general width. A forecourt ma
be no more than 45 feet On depth-.
(000) A maxii-num of one forecourt is permitted per lot.
(iv) A forecourt meeting the abcm� i ju. , nents is considered part of the
pedestrian -oriented space as described h-i POW) 20.11 275.3550)(4).
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screened,(iii)A front porch must be roofed a nd may be
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20.38.245 MVOD sign code.
(1) Permanent signs within the MVOD shall comply with the requirements of Chapter
20.132 POMC except POMC 20.132.040(7).
(2) Up to two subdivision freestanding entryway monument signs may be permitted in the
subarea within 200 feet of the intersection of McCormick Village Drive and Old Clifton
Road. Subdivision freestanding entryway monument signs shall not exceed 200 square feet
per sign nor six feet in height and shall be allowed in addition to other freestanding signs
under POMC 20.132.210 and shall be exempt signage for the purposes of calculating
aggregate signage allowance limits in POMC 20.132.050(4)(b)(i).
20.38.250 MVOD lot and road layout.
(1) Resultant lot and road layouts shall meet the minimum standards described in Chapter
20.100 POMC except that the minimum roadway network connectivity index described in
POMC 20.100.020 shall be 1.7 or greater.
(2) All residentiai detached houses uses shall be provided vehicular access via an alley.
(3) Middle housing building types may be accessed via a primary street subject to the
requirements of POMC 20.124.090.
(34) Sight triangle at intersections shall be preserved subject to review and approval by the
city engineer or designee prior to the issuance of a building permit.
20.38.260 MVOD road standards.
(1) Compact, walkable urban environments require a different road standard than what is
typical of historic automobile -oriented development and which may differ than the
adopted Public Works Engineering Standards and Specifications (PWESS). The city
engineer may approve deviations to the PWESS provided the applicant adequately
demonstrates that the alternative design satisfies the following criteria:
(a) The deviation results in a safe design for all road users;
(b) The deviation provides the same or greater level of functionality;
(c) The deviation does not create an adverse impact to the environment; and
(d) The deviation results in a design which provides at least the same level of
maintainability.
20.38.270 MVOD off-street parking standards.
(1) Off-street parking requirements within the MVOD shall meet the minimum standards
described in Chapter 20.124 POMC, except that for residential uses POMC 20.124.140
shall not apply.
(a) Vehicle parking minimum quantities for residential uses within the MVOD shall
be provided in accordance with Table 20.38.270.
Table 20.38.270
Land Use
Unit of Measure
Minimum Parking
Requirement
Single-family detached (including
manufactured homes, mobile homes)
Per dwelling
1 available space within
1,000 ft. of site
Backyard cottage
Per dwelling
N/A
Carriage house
Per dwelling
1 available space within
1,000 ft. of site
Table 20.38.270
Land Use
Unit of Measure
Minimum Parking
Requirement
Two-family
Per dwelling
1 available space within
1,000 ft. of site
Single-family attached houses
Per dwelling
1 available space within
1,000 ft. of site
Multifamily:
Studio - 3+ bedroom
Per dwelling
1 on -site space
Multifamily accessory dwelling unit
Per dwelling
1 available space within
1,000 ft. of site
Boarding house
Per bedroom
0.5
Congregate living facilities
Per bedroom
Lodging house
Group home (up to 8 residents), except as
follows:
Per bedroom
0.5
Adult family home
Per adult family
home
2
All group living (9 or more residents)
ffbed
0.5
All social service
Per bed/per 300
sq. ft. office
0.5 per bed and 1 per 300
sq. ft. office
20.38.280 MVOD tree canopy standards.
(1) Development within the MVOD shall not be subject to the significant tree standards
described in Chapter 20.129 POMC. Development within the MVOD shall be subject to the
standards described herein.
(2) Tree canopy requirements shall apply to new development within the MVOD. The
following activities are exempt from the tree canopy requirements of this section:
(a) Removal of any hazardous, dead or diseased trees, and as necessary to remedy
an immediate threat to person or property as determined by a letter from a qualified
arborist;
(b) Construction or maintenance of public or private road network elements, and
public or private utilities including utility easements not related to development;
(c) Construction or maintenance of public parks and trails; and
(d) Pruning and maintenance of trees.
(3) All significant trees within any perimeter landscaping requirement, critical area
protection areas and required buffers shall be retained, except for trees exempted by
subsection (2) of this section.
(4) Development shall meet a minimum 25 percent tree canopy coverage except as
provided in subsections (6) and (9) of this section. On sites that do not meet this
requirement through existing tree canopy or where an applicant removes the existing tree
canopy, new plantings shall be planted pursuant to subsections (6) through (8) of this
section. For sites requiring new plantings to attain the required tree canopy percentage,
tree canopy coverage requirements shall be calculated according to projected growth at 20
years maturity consistent with Table 20.38.280.
(a) Tree canopy shall include all evergreen and deciduous trees six feet in height or
greater, excluding invasive species or noxious weeds, within the gross site area.
(b) Existing or planted tree canopy may include street trees and may be located
within perimeter landscaping, site landscaping, critical area protection areas and
required buffers, and open space tracts or easements.
(5) Site tree canopy shall be measured according to Table 20.38.280. Calculation of existing
and new tree canopy shall be submitted in writing by a qualified landscape designer,
arborist, or a licensed land surveyor.
Table 20.38.280— Measuring Tree Canopy
Existing Canopy
New Canopy
Option 1 Tree Survey
Option 2 Aerial Estimation
20-Year Canopy Calculation
• Measure average canopy
• Obtain aerial imagery of site
For each proposed species:
radius (r) for each tree to be
• Measure site boundaries
• Calculate radius (r) of
retained
canopy at 20 years maturity
• Measure canopies of
• Calculate existing canopy
individual trees or stand area
• Calculate canopy coverage
area using the formula:
using leading edges as the
using the formula: CA = flr2
Canopy area (CA) = flr2
forest boundary
• Multiply by the proposed
• Total the sum of tree canopy
• Divide total canopy
quantity to be planted to
areas and divide by gross site
measurement by the gross
obtain total species canopy
area to obtain canopy
site area to obtain canopy
area
coverage percentage
coverage percentage
• Total the sum of species
canopy area for all proposed
species and divide by gross
site area to obtain 20-year
canopy coverage percentage
(6) To assist in the preservation and retention of significant trees and existing tree canopy
outside of critical area protection areas and required buffers and perimeter landscaping,
the applicant may utilize the following credits:
(a) Individual significant trees retained on site shall be counted at 125 percent of
their actual canopy area.
(b) For clusters or stands of five or more trees, each tree shall be counted at 150
percent of its actual canopy area.
(c) For clusters or stands of five or more significant trees, each tree shall be counted
at 200 percent of its actual canopy area.
(d) Retained trees located within no more than 20 feet of a rain garden or a bio-swale
on site shall be counted at 150 percent of their actual canopy area.
(7) In addition to the requirements of subsections (6) through (8) of this section, trees
planted to meet tree canopy requirements shall meet the following criteria:
(a) Sites must be planted or replanted with a minimum of 50 percent evergreen
species, except:
(i) The evergreen portion of the required planting mix may be reduced to 37.5
percent when the deciduous mix contains exclusively indigenous species to
the Puget Sound region, not including alder; and
(ii) Sites obtaining tree canopy requirements solely through street trees are
exempt from the requirement to include evergreen species in the planting
mix;
(b) Sites requiring planting or replanting of tree canopy must plant no more than 30
percent of trees from the same species and no more than 60 percent of trees from
the same taxonomic family.
(c) Replacement trees shall be planted in locations appropriate to the species'
growth habit and horticultural requirements.
(d) When preparing the landscaping plan, applicants are encouraged to meet the
tree canopy requirement by conserving existing tree canopy including significant
trees and other vegetation located on the site and place new plantings in protected
areas (such as street trees, perimeter landscaping, open spaces and critical area
protection areas and required buffers) at healthy spacing densities before placing
trees within individual lots or yards; and
(e) Replacement trees shall be located in such a manner to minimize damage to
trees or structures on the project site and on properties adjoining the project site.
(8) The following tree protection measures shall be taken during clearing or construction:
(a) Tree protective fencing shall be installed along the outer edge of the drip line
surrounding the trees retained in order to protect the trees during any land
disturbance activities, and fencing shall not be moved to facilitate grading or other
construction activity within the protected area;
(b) Tree protective fencing shall be a minimum height of three feet, visible and of
durable construction; orange polyethylene laminar fencing is acceptable; and
(c) Signs must be posted on the fence reading "Tree Protection Area."
(9) An applicant may reduce the tree canopy requirements by no more than five percent
through a landscape modification when all of the following criteria are met:
(a) The applicant demonstrates in writing that they have made a good faith effort to
comply with the tree canopy requirements within the physical constraints of the site
by:
(i) Retaining as much of the tree canopy as possible on site consistent with
best management practices for maintaining the health of trees; or
(ii) Replanting as much of the tree canopy as possible on site consistent with
best management practices for maintaining the health of trees;
(b) The applicant proposes to plant additional understory vegetation or ground cover
area, excluding lawn cover, invasive species or noxious weeds, to fulfill the
remaining canopy requirement not met by retention or replanting of tree canopy;
and
(c) When critical areas protection area buffers exist on site and those buffers are not
highly functioning, the applicant proposes to enhance the buffers by removing
invasive species and noxious weeds and/or planting vegetation indigenous to the
Pacific Northwest, spaced for maximum survivability.
(10) Retained significant trees, trees planted as replacements for significant trees, and
trees planted to meet requirements in subsection (3) of this section may not be removed
except when determined in writing by a certified arborist to constitute a hazard.
(11) Any significant trees identified in a landscape plan to be retained and subsequently
damaged or removed during site development shall be replaced at a rate of three trees for
each one damaged or removed significant tree.
20.38.285 Building design.
(1) Applicability. Building design for the building types permitted in
the MOD as described in POMC 20.38.225 ,
duplexes, attaehed houses, townhouses, and fourpiexes as defined in thus .is
reviewed as follows:
(a) Detached houses. Middle Housing and accessory buildings to residential uses
shall comply with the requirements of POMC 20.139.
(b) Building types other than detached houses. Middle Housing or accessory
buildings to residential uses shall comply with the requirements of POMC 20.127.
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20.38.290 MOD architectural variety.
(1) Purpose. The purpose of this section is to ensure architectural variety in developments
by accommodating various architectural styles, design elements, and facade elevations for
certain building types. Buildings constructed in the MOD shall comply with the
architectural variety requirements of POMC 20.139.035., as #eseribed in POMC
20.38.225.
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(A) Different window openings (location
and design).
and design.
(B) One- and two-story buildings.
(C) Different exterior niateriaLs and finishes.
(D) Different garage Location, configuration,
(E) E)ther different design element that
helps to distinguish one facade
by the dii ector.
elevation fron-i another as determined
20.38.330 Building height.
Building heights in the Ruby ereek overlay distriet shall not exceed 55 feet (five stories)
except when height bontises are granted in accordance vVithellapter 20.41 PC)
20.38.600 H��overlay v rl dis r-ic —District (OHOD).
A downtown heightH�_ightoveflarv rl disriet District (SHOD) is hereby established
with boundaries as shown on Figure 20.38.640 (1)(a)—Height Overlay District MagFigure1.
20.38.610 IDHOD intent.
The intent of the downtown H-height $Overlay dDistrict ($HOD) is to establish uniform
regulations for building height in designated areas to implement adopted subarea Dlans
support the Centers strategy outlined in the City of Port Orchard Comprehensive Plan Land
Use Element, and promote orderly development. The HOD allows for increased building
heights in designated Centers to accommodate greater densities consistent with adopted
subarea plans while ensuring compatibility with surrounding land uses.
The provisions of the HOD are intended to balance development opportunities with the
protection of scenic views, access to light, and the preservation of rroopertyvalues. The
HOD establishes specific height measurement methods that account for variations in
topography where applicable. These regulations are intended to ensure that new
development contributes positively to the overall health, safety, and welfare of the
community.
The HOD applies to the following designated Centers: Downtown Port Orchard Countywide
Center, Bethel -Lund Countywide Center, Sedgwick-Bethel Countywide Center. and
Sedgwick-Sidney (Ruby Creek Neighborhood) Countywide Center.
downtown subarea pian, proteet on north facing slopes in the vicht"
Sinclair 'niet and downtown, protect property values, provide access to Light, ensure that
the scale of developnient in downtown Port Orchard does not negatively impact the
historic character of the cornifflunity, and otherwise proteet the generaL health, safetr, and
welfare of the cornmunity. The intent of the DI IGD is to be achieved by establishing heig it
Limits for btiildings and by establishing a method of rneastiring btlildings that is different
than the methods tised eLsewhere On this title to recognize the generally Slopin
characteristics of the overlay distrie--L
20.38.620 DHOD applicability.
No new building or modification of an existing building may be permitted in the -DHOD
unless it complies with the height limits established in this chapter.
20.38.630 DHOD conflicts.
Where the requirements of this chapter conflict with another chapter, the more restrictive
requirement shall control.
20.38.640 DHOD height limits.
(1) $HOD Height Zones Established. Within the SHOD as shown on the zoning map, there
are three different SHOD height zones with height limits established as follows:
(a) DHOD 3: 48 feet - three stories.
(b) BHOD 4: 58 feet - four stories.
(c) DHOD 5: 68 feet - five stories.
(2) $HOD Height Bonus.
(a) Within the Downtown Port Orchard Countywide CenterTAa 10-foot (one story)
height bonus not to exceed 20,000 feet in area may be granted to exceed the applicable
maximum height provided in subsection (1)(a) of this section if the applicant agrees to
construct and operate (or lease to an operator) a grocery store in the same building for
which the bonus is sought, with the grocery store space measuring at least 10,000 square
feet in area. In addition to the 20,000-square-foot bonus limit, the area of this additional 10
feet of building height shall not exceed 95 percent of the area of the floor immediately
below this bonus height (floor). Any height bonus shall require a development agreement
between the developer and the city that provides assurances to the city guaranteeing that
the ground floor commercial space will be developed and operated as a grocery store upon
project completion.
(b) Height bonuses may be Granted in accordance with Chanter 20.41 POMC.
(3) $HOD Height Zone Map. The height zones described in this section shall be applied as
reflected on the OHOD Height Zone Map as shown in Figures 20.38.640 (1) a-e)-1-.
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City of Port Or&ard
Height Overlay
Districts
Figure la
Height Overlay District
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Figure 20.38.640 (1)(a1-Height Overlay District Map
_ORCHARD.
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City of Port Orchard
Height Overlay
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20.38.650 $HOD height measurement.
Building heights shall be measured one of two ways based on whether the parcel to be
developed abuts Bay Street or whether it does not abut Bay Street.
(1) Building heights for lots abutting Bay Street shall be measured from the average grade of
the property line that abuts Bay Street rather than from the grade plane as defined in
Chapter 20.12 POMC (see "building height" and "grade plane"). If this property line is below
the city's minimum flood elevation or forecasts for sea level rise, the property line may be
elevated to the required minimum ground floor flood elevation for the purpose of
measuring height.
(2) Building heights for lots not abutting Bay Street shall be measured in accordance with
the definition of building height as found in Chapter 20.12 POMC.
20.38.660 DHOD variances.
Property owners may seek variances from the building height standards imposed under the
SHOD pursuant to Chapter 20.28 POMC, Variances.
20.38.670 DHOD map amendments.
Property owners seeking to modify the boundaries of the DHOD or the $HOD Height Zone
Map in POMC Figure 2 4 1 may do so by a site -specific
rezone pursuant to Chapter 20.42 POMC, Site -Specific Rezones.