HomeMy WebLinkAbout05/20/2025 - Work Study - Packet, Revised0�84
Meeting Location: Contact us:
ORCHARD
Council Chambers Phone (3potorchad
216 Prospect Street cityhall@portorchardwa.gov
Port Orchard, WA 98366 www.portorchardwa.gov
City Council
Work Study Session
Tuesday, May 20, 2025
6:30 PM
Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting
in a hybrid format with options for in -person attendance in the Council Chambers at City Hall or remote viewing
and participation via Zoom (link below). The meeting is streamed live on the City's YouTube channel, click here.
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Guiding Principles
Are we raising the bar in all of our actions?
Are we honoring the past, but not living in the past?
Are we building positive connections with our community and outside partners?
Is the decision -making process building a diverse, equitable, and inclusive community?
1. Call to Order
A. Pledge of Allegiance
2. Discussion Items
A. Middle Housing Code Amendment (Bond)
B. Transportation Impact Fees (Bond)
C. 2025 Comprehensive Plan Amendments (Bond)
3. Good of the Order
4. Adjournment
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scheduled meeting to make an accommodation.
May 20, 2025 Meeting Agenda
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May 20, 2025 Meeting Agenda
K
DqM City of Port Orchard
ORCHARD216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Discussion Items: Middle Housing Code Amendment (Bond)
Meeting Date: May 20, 2025
Prepared By: James Fisk, AICP, CNU-A, Senior Planner
Presenter: Nick Bond, AICP, Community Development Director
Summary and Background:
The City of Port Orchard is proposing amendments to the Port Orchard Municipal Code (POMC) to
implement the 2024 Comprehensive Plan and state -mandated housing legislation, including Engrossed
Second Substitute House Bill 1110 (ESSHB 1110) and Engrossed Substitute Senate Bill 2321 (ESSB
2321), which address middle housing; Engrossed House Bill 1337 (EHB 1337), related to accessory
dwelling units (ADUs); and Senate Bill 5184 (SB 5184), concerning off-street parking requirements.
These amendments are consistent with the goals and policies of the 2024 Port Orchard
Comprehensive Plan and necessary to meet the compliance deadline of June 30, 2025.
The Planning Commission and Land Use Committee has held discussions on middle housing
implementation since April 2024 and has considered the specific amendments at each of their
meetings since December 2024. In April, the City submitted the draft amendments to the Washington
State Department of Commerce for the required 60-day review. In response to this submittal, the
Department of Commerce provided comments to further refine the Ordinance. Those comments are
attached to this report and have been addressed in the draft Ordinance. Additionally, the SEPA
Responsible Official issued a Determination of Non -Significance (DNS) on April 29, 2025.
To ensure compliance as a Tier 3 city under ESSHB 1110, the City proposes adoption of amendments
which satisfy HB 1110 with guidance from the Department of Commerce's Model Middle Housing
Ordinance. This approach allows the City to meet state deadlines while continuing development of
permanent Tier 2-compliant regulations later in 2025.
The proposed code revisions are comprehensive and structured to align with both the minimum
requirements of state law and the City's long-term planning objectives. Amendments will be made to
multiple sections of Title 20, as listed below:
• Chapters to be amended:
POMC 20.02, 20.12, 20.32, 20.34, 20.38, 20.39, 20.68, 20.80, 20.82, 20.98, 20.100, 20.122, 20.124,
20.127, 20.139, and 20.160
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• New chapter to be added:
POMC 20.87 — Unit Lot Subdivision
These amendments collectively address zoning definitions, building types, residential development
standards, ADU provisions, design standards, subdivision processes, and environmental review
procedures. Amendments include the introduction of middle housing definitions; modification of
residential use tables and dimensional standards to allow duplexes, triplexes, fourplexes, and other
housing types in more zones; integration of residential design standards into the Building Types
chapter (POMC 20.32); and creation of a unit lot subdivision process to support varied ownership
options.
One of the more significant policy shifts reflected in these amendments is the reconfiguration of
density standards across residential zoning districts in POMC 20.34. Rather than limiting development
solely by the number of principal structures or housing types, the revised code introduces a unit -based
density approach, allowing multiple building types on a single fee -simple lot provided the total
number of dwelling units does not exceed the maximum unit density for the applicable zoning district.
This approach is consistent with Commerce's Middle Housing Model Code guidance.
Under the proposed changes:
• The Residential 1 (R1) district will permit up to two dwelling units per lot. This may be achieved
through a combination of one detached principal dwelling and up to two accessory dwelling
units (ADUs), consistent with revised standards in POMC 20.68.
• The Residential 2 (R2) district will allow a maximum of four dwelling units per lot, inclusive of
ADUs. This enables development configurations such as two duplexes, a triplex with an ADU, or
a detached house with two ADUs.
• The Residential 3 (R3) district will allow up to six dwelling units per lot, again inclusive of ADUs.
Additionally, there is no unit cap in R3 when the units are contained within an apartment
building type, allowing greater flexibility for higher -density housing formats.
To enable ownership flexibility within these multi -unit configurations, a new Unit Lot Subdivision
process (POMC 20.87) has been introduced. This proposed section has been reviewed at previous
Planning Commission meetings and remains unchanged since the last review. This process allows
individual dwelling units to be subdivided for fee -simple ownership while maintaining compliance with
development standards applicable to the parent lot. Each lot or parent lot must meet the minimum
dimensional standards of its zoning district —typically 5,000 square feet for lots accessed via the
primary street and 3,000 square feet for lots accessed from an alley. This approach supports a range of
middle housing outcomes while ensuring neighborhood compatibility and maintaining the integrity of
site development standards.
Accessory Dwelling Unit regulations will be updated to comply with EHB 1337, which expands the
number of allowable ADUs per lot, and increases maximum gross floor area. The City previously
removed any owner -occupancy requirements prior to the recent state legislation requirements. Off-
street parking requirements are revised to be consistent with SB 5184, particularly by reducing or
removing minimum parking standards for residential uses.
In an effort implement middle housing legislation and streamline residential development regulations,
POMC 20.32 — Building Types has been revised to improve clarity, eliminate duplicative provisions, and
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consolidate applicable design standards into a single, user-friendly section. The revised chapter
establishes a simplified framework for identifying and regulating residential building types of form and
placement, ensuring consistency in application and ease of use for both applicants and staff.
The updated section incorporates basic design standards for each building type, which include:
• Minimum ground floor elevation requirements,
• Transparency standards for street -facing facades,
• Orientation requirements for pedestrian entries, and
• Provisions to address blank walls and ensure active street frontage.
Importantly, middle housing types such as duplexes, triplexes, and fourplexes are not subject to more
stringent design standards than detached houses, consistent with the mandates of ESSHB 1110. This
provision ensures equitable treatment of middle housing residential forms while supporting diverse
housing options within residential neighborhoods.
In conjunction with changes to POMC 20.32, POMC 20.139 — Residential Design Standards has also
been revised for simplicity applicable to detached houses and middle housing types. Subjective or
qualitative design review elements have been removed. Garage frontage limitations, previously
located in POMC 20.139, are now tied directly to lot width and addressed in POMC 20.124 — Parking
and Circulation, providing a more objective and predictable standard. Additionally, facade treatments
have been reformatted into a menu of architectural options, offering flexibility for applicants while
ensuring a consistent level of design quality across new residential development. Other building types,
which do not meet the definition of middle housing as described in revised POMC 20.12, are subject to
the Design Standards outlined in POMC 20.127. The building types include apartments, live -work,
mixed -use shopfronts among others.
The proposed amendments to POMC 20.38 — Overlay Districts aim to streamline and consolidate
overlay regulations to ensure consistency with other sections of the Port Orchard Municipal Code,
particularly the revised POMC 20.32 — Building Types and POMC 20.139 — Residential Design Standards
with the current McCormick Village Overlay District.
Revisions to the McCormick Village Overlay District focus on simplifying standards and aligning design
and development requirements with citywide middle housing implementation efforts. The
amendments remove duplicative language and clarify applicability to ensure consistent interpretation
and enforcement while supporting the objectives of the McCormick Village Subarea Plan.
In addition, the current Downtown Height Overlay District (DHOD) is renamed to the Height Overlay
District (HOD) and expanded for application citywide. This reorganization is necessary to provide a
single, unified location within the code for all height overlay regulations, which currently appear
across multiple sections, including within the Ruby Creek Overlay District and other adopted planning
documents.
The change supports policy direction from the 2024 Comprehensive Plan, including the recently
adopted Bethel Subarea Plans, which identify areas appropriate for increased building height as a
strategy to accommodate projected growth. By consolidating these provisions into a single section of
the code:
• All height overlay requirements are centralized to reduce the likelihood of omission or error,
4i
• A uniform standard for building height measurement is applied across overlay areas, and
• Users are provided with clear, consistent guidance regardless of geographic location.
To support implementation, several new overlay maps have been developed and included as part of
the code amendments. These maps provide greater detail and clarity for determining the applicability
of overlay standards, improving transparency for applicants and enabling efficient permit review.
At the May 2025 meeting, the Planning Commission reviewed the proposed ordinance and provided
feedback. This input was used to finalize the draft in preparation for a properly noticed public hearing
scheduled for the June 3 Planning Commission meeting. Following the hearing, the Commission will be
asked to provide a formal recommendation to the City Council for adoption of the ordinance. City
Council action is tentatively scheduled for June 17, 2025.
Relationship to Comprenhensive Plan: Implementation of the 2024 Comprehensive Plan
Recommendation: TBD
Alternatives: TBD
Attachments:
ORD Middle Housing Updates 4-23-2025(11022091.3).pdf
Section 2 Exhibit A -
20.02 Administration and Enforcement.pdf
Section 3 Exhibit B -
20.12 Definitions - rev 4-2-2025(11015314.1).pdf
Section 4 Exhibit C -
20.22 Permitting and Development Approval - Permit Process Types.pdf
Section 5 Exhibit D -
20.32 Building Types rev 4-23-2025 (003)(11025069.1).pdf
Section 6 Exhibit E -
20.34 Residential Districts rev 4-2-2025(11015361.1).pdf
Section 7 Exhibit F -
20.38 Overlay Districts.pdf
Section 8 Exhibit G -
20.39 Use Provisions rev 4-2-2025(11015364.1).pdf
Section 9 Exhibit H -
20.68 Accessory Dwelling Units rev 4-23-2025(11015371.3).pdf
Section 10 Exhibit I -
20.80 Subdivision General Provisions.pdf
Section 11 Exhibit J
- 20.82 Subdivision Admin and Enforcement.pdf
Section 12 Exhibit K
- 20.98 Improvements.pdf
Section 13 Exhibit L
- 20.100 Subdivision Design Standards.pdf
Section 14 Exhibit M
- 20.122 Building Elements.pdf
Section 15 Exhibit N
- 20.124 Development Standards - Parking and Circulation.pdf
Section 16 Exhibit O
- 20.127 Design Standards.pdf
Section 17 Exhibit P
- 20.139 Residential Design Standards 4-23-2025(11025061.2).pdf
Section 18 Exhibit Q
- 20.160 SEPA - abbreviated version.pdf
Section 19 Exhibit R
- 20.87 (new) Unit -lot Subdivision Rev 3-14-2025(10976042.7).pdf
Commerce 60-day Review_ Port Orchard Submittal 2025-S-8320 REVISED.pdf
Middle Housing Amendments Presentation. pdf
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING THE PORT ORCHARD UNIFIED
DEVELOPMENT CODE FOR CONSISTENCY WITH THE MIDDLE HOUSING
LAWS (TO INCORPORATE REQUIREMENTS IN ESSHB 1110 AND ESSB
2321 AND ACCESSORY DWELLING UNIT REQUIREMENTS IN EHB 1337);
MAKING REVISIONS TO CHAPTERS 20.02, 20.12, 20.22, 20.32, 20.34,
20.38, 20.39, 20.68, 20.80, 20.82, 20.98, 20.100, 20.122, 20.124, 20.127,
20.139, AND 20.160 OF THE PORT ORCHARD MUNICIPAL CODE AND THE
ADOPTION OF A NEW SECTION OF THE PORT ORCHARD MUNICIPAL
CODE 20.87 UNIT LOT SUBDIVISION; PROVIDING FOR SEVERABILITY
AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the State Legislature adopted legislation regarding middle housing (ESSHB 1110 and
ESSB 2321) and imposed requirements on cities to bring their land use codes into compliance with that
legislation; and
WHEREAS, Port Orchard is classified as a "Tier 3 city" under the middle housing legislation and is
required to have a compliant code by June 30, 2025; and
WHEREAS, the State legislature also adopted requirements for accessory dwelling units in EHB
1337 and imposed requirements on cities to bring their land use codes into compliance with that
legislation by June 30, 2025; and
WHEREAS, under the middle housing legislation, Port Orchard is required to allow two dwelling
units on any lot that is zoned for residential development; and
WHEREAS, under the accessory dwelling unit legislation, Port Orchard is required to allow up to
two accessory dwelling units on certain residential lots with single-family homes, but only up to the density
requirements in the middle housing legislation; and
WHEREAS, in orderto ensure consistency between state law and the Port Orchard Municipal Code
(POMC), certain updates are required; and
WHEREAS, during the development of this Ordinance, the State Department of Commerce
changed its guidance documents to cities numerous times, including as late as November of 2024; and
WHEREAS, the State Legislature continues to change housing laws and impose additional
mandates on cities, therefore, Port Orchard is implementing the requirements applicable as this
Ordinance was being developed, but intends to continue to work on housing, planning, and development
issues including considering additional revisions to the Port Orchard Municipal Code, including preparing
for when Port Orchard will have a population of over 25,000 and will therefore change its classification to
a "Tier 2 city"; and
11022091.3 - 366922 - 0021
Ordinance No. xx-25
Page 2 of 3
WHEREAS, this Ordinance implements the Port Orchard comprehensive plan land use element
revisions which were adopted in 2024 by Ordinance No. 021-24; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 60-day review on
April 17, 2025; and
WHEREAS, on DATE, 2025, the City's SEPA official issued a determination of nonsignificance for
the proposed amendments, which was published and provided to the public in accordance with WAC 197-
11-510, and in accordance with RCW 36.70A.636(3)(e) and RCW 43.21C.495(2) is not appealable; and
WHEREAS, the Port Orchard Planning Commission held XX study sessions on this Ordinance and
the Port Orchard City Council held XX meetings where this Ordinance was discussed; and
WHEREAS, the City issued a Notice of Public Hearing for the proposed code amendment at least
15 days prior to the public hearing before the City's Planning Commission which was published in the
City's official newspaper and provided to the public in accordance with Title 20 POMC; and
WHEREAS, following the public hearing, the Planning Commission voted to recommend approval
of this Ordinance to the City Council; and
WHEREAS, the City Council reviewed this Ordinance along with the recommendation from the
Planning Commission during its regular meeting on June 24, 2025; and
WHEREAS, the City Council determines that it is in the public interest, safety and welfare to update
its code as required by State law; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
Section 1. The above recitals are hereby adopted as findings in support of this Ordinance.
Section 2. Chapter 20.02 of the Port Orchard Municipal Code entitled "Administration and
Enforcement" is hereby revised as shown on Exhibit "A" to this Ordinance.
Section 3. Chapter 20.12 of the Port Orchard Municipal Code entitled "Definitions" is hereby
revised as shown on Exhibit "B" to this Ordinance.
Section 4. Chapter 20.22 of the Port Orchard Municipal Code entitled "Permitting and
Development Approval — Permit Process Types" is hereby revised as shown on Exhibit "C" to this
Ordinance.
Section 5. Chapter 20.32 of the Port Orchard Municipal Code entitled "Building Types" is hereby
revised as shown on Exhibit "D" to this Ordinance.
Section 6. Chapter 20.34 of the Port Orchard Municipal Code entitled "Residential Districts" is
hereby revised as shown on Exhibit "E" to this Ordinance.
Section 7. Chapter 20.38 of the Port Orchard Municipal Code entitled "Overlay Districts" is
hereby revised as shown on Exhibit "F" to this Ordinance.
11022091.3 - 366922 - 0021
Ordinance No. xx-25
Page 3 of 3
Section 8. Chapter 20.39 of the Port Orchard Municipal Code entitled "Use Provisions" is hereby
revised as shown on Exhibit "G" to this Ordinance.
Section 9. Chapter 20.68 of the Port Orchard Municipal Code entitled "Accessory Dwelling Units"
is hereby revised as shown on Exhibit "H" to this Ordinance.
Section 10. Chapter 20.80 of the Port Orchard Municipal Code entitled "Subdivisions — General
Provisions" is hereby revised as shown on Exhibit "I" to this Ordinance.
Section 11. Chapter 20.82 of the Port Orchard Municipal Code entitled "Administration and
Enforcement" is hereby revised as shown on Exhibit "J" to this Ordinance.
Section 12. Chapter 20.98 of the Port Orchard Municipal Code entitled "Improvements" is
hereby revised as shown on Exhibit "V to this Ordinance.
Section 13. Chapter 20.100 of the Port Orchard Municipal Code entitled "Development
Standards — Subdivision Design" is hereby revised as shown on Exhibit "L" to this Ordinance.
Section 14. Chapter 20.122 of the Port Orchard Municipal Code entitled "Building Elements" is
hereby revised as shown on Exhibit "M" to this Ordinance.
Section 15. Chapter 20.124 of the Port Orchard Municipal Code entitled "Parking and
Circulation" is hereby revised as shown on Exhibit "N" to this Ordinance.
Section 16. Chapter 20.127 of the Port Orchard Municipal Code entitled "Design Standards" is
hereby revised as shown on Exhibit "O" to this Ordinance.
Section 17. Chapter 20.139 of the Port Orchard Municipal Code entitled "Residential Design
Standards" is hereby revised as shown on Exhibit "P" to this Ordinance.
Section 18. Chapter 20.160 of the Port Orchard Municipal Code entitled "State Environmental
Policy Act (SEPA)" is hereby revised as shown on Exhibit "Ci" to this Ordinance.
Section 19. Chapter 20.87 of the Port Orchard Municipal Code entitled "Unit Lot Subdivision" is
hereby adopted as shown on Exhibit "R" to this Ordinance.
Section 20. 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
unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this
ordinance.
Section 21. Publication. This Ordinance shall be published by an approved summary consisting
of the title.
Section 22. Corrections. Upon the approval of the city attorney, the city clerk, and/or the 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.
11022091.3 - 366922 - 0021
9
Ordinance No. xx-25
Page 4 of 3
Section 23. Effective Date. This ordinance shall take effect at 12:01 AM on July 1, 2025, which is
at least 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 24t" day of June, 2025.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte A. Archer, City Attorney xxx, Councilmember
PUBLISHED:
EFFECTIVE DATE:
11022091.3 - 366922 - 0021
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Exhibit A
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Chapter 20.02
ADMINISTRATION AND ENFORCEMENT
Sections:
20.02.005 Title citation.
20.02.010 Purpose.
20.02.015 Authority,
20.02.020 Conformity required.
20.02.030 Interpretation and rules — Generally.
20.02.040 Severability.
20.02.050 Repealed.
20.02.060 Violations — Enforcement — Penalties.
20.02.070 Fees.
20.02.005 Title citation.
This title shall be known and may be cited as the Port Orchard "land use and development
regulatory code" or "land use and development regulations" (Ord. 019-17 § 18 (Exh. 1)).
20.02.010 Purpose.
This title establishes comprehensive land use and development regulations for the city. It is the
declared purpose of the city council that these regulations implement the city's policies adopted in
the city's comprehensive plan in compliance with the Washington State Growth Management Act
(GMA) and the Shoreline Management Act (SMA), and implement the requirements of the state's
Regulatory Reform Act, which has a primary goal of integrating environmental review with project
review. This land use and development regulatory code is to be used as a guide by governmental
agencies when taking action within the city's urban growth area (UGA). (Ord. 019-17 § 18 (Exh. 1)).
20.02.015 Authority.
(1) This title is adopted under the authority of Article XI, Section 11 of the Washington State
Constitution.
(2) The following authority is granted in administering this title:
(a) The community development director ("director"), as the duly authorized representative
of the mayor, is charged with the responsibility of carrying out an official interpretation of the
provisions of the land use and development regulatory code. The director shall grant, condition, or
deny administrative, temporary use, and building permits and land use and development approvals
pursuant to the procedures included in this title. The director shall serve in an advisory capacity to
the council and planning commission in comprehensive planning and zoning matters, development
agreements, and proposed amendments to this title. Within this subtitle, when the director is
it D%
identified as responsible for a procedural action, this authorization includes the director's
authorized/designated city representative; further, the action made by the director or authorized
city representative may occur upon consultation with other city staff.
(b) The city council shall have authority to hold public hearings and make decisions on
annexations, comprehensive plan amendments, rezones, development agreements, amendments
to the land use and development regulations, and any appeals of decisions made by the hearing
examiner as specified in this title.
(c) The planning commission shall have the authority to make recommendations to the city
council whether to grant, condition, or deny applications for comprehensive plan amendments and
to review and make recommendations on amendments to the land use and development
regulations pursuant to this title.
(d) The hearing examiner shall have the authority to conduct open record appeal hearings
for administrative permits and to grant, condition, or deny applications for project permits except
those specifically reserved for city council decision or designated as an administrative review
permit. This authority shall include but not be limited to decision making authority for decisions
rendered in accordance with Chapter 43.21 C RCW and permits for conditional use, preliminary
subdivisions, planned residential development districts, variances, shoreline substantial
development, shoreline conditional uses, shoreline nonconforming use, shoreline variance, and
comprehensive sign design plan permits.
(e) The city engineer shall have the authority to review boundary line adjustments and
preliminary site plan/design reviews; and recommend to grant, condition, or deny stormwater
permits and land disturbing activity permits.
(f) The office of the building official is established to administer and enforce building and
construction codes. (Ord. 019-17 § 18 (Exh. 1)).
20.02.020 Conformity required.
(1) After the effective date of the ordinance codified in this title, no structure shall be erected,
reconstructed, altered, enlarged, or relocated, and no building, structure, or premises shall be used
in any zone except in compliance with the provisions of this title and then only after securing all
required permits and/or land use and development approvals.
(2) No building permit or land use and development approval in conflict with the provisions of this
land use and development regulatory code shall be issued. Structures or uses which do not
conform to this title, except legal nonconformance as specified herein and approved variances, are
violations subject to the enforcement, penalty, and abatement provisions of this chapter. (Ord. 019-
17 § 18 (Exh. 1)).
20.02.030Interpretation and rules —Generally.
(1) Except as provided for otherwise in this title, the director shall have the authority for interpreting
the meaning, words, phrases, and sentences set forth in this title and the determination of how
specific situations are regulated by this title. This title shall be liberally interpreted and construed to
13
secure the public health, safety and welfare, and the rule of strict construction shall have no
application.
(2) If the provisions of this title conflict or overlap one with another, or if a provision of this title
conflicts or overlaps with the provision of another ordinance of the city, the most restrictive
provision or the provision imposing the highest standard prevails. Should a conflict arise between
the provisions of this title or between this title and the laws, regulations, codes, or rules
promulgated by other authority having jurisdiction within the city, the most restrictive requirement
shall be applied, except when constrained by federal or state law, or where specifically provided
otherwise.
(3) The standards, procedures, and requirements of this title are the minimum necessary to
promote the health, safety, and welfare of the residents of the city. The city is free to adopt more
rigorous or different standards, procedures, rules, and/or requirements whenever this becomes
necessary.
(4) Regulations, conditions, or procedural requirements that are specific to an individual land use
shall supersede regulations, conditions, or procedural requirements of general application.
(5) All applicable requirements shall govern a use whether or not they are cross-referenced in a text
section or land use table. In case of any ambiguity, difference of meaning, or implication between
the text and heading, caption, or illustration, the text and tables shall control.
(6) The word "shall" is mandatory, the word "should" is advisable, and the word "may" is
discretionary. (Ord. 019-17 § 18 (Exh. 1)).
20.02.040 Severability.
If any part, sentence, paragraph, subsection, section, or clause of this subtitle is adjudged
unconstitutional, or held invalid, the remainder of the subtitle or the application of the provisions to
other persons, property, structures, or circumstances shall not be affected. Whenever any
condition or limitation is included in an order authorizing a planned development or any site plan
approval, it shall be conclusively presumed that the authorizing officer or body consider such
condition or limitation necessary to carry out the spirit and purpose of this subtitle or the
requirement of some provision hereof, and to protect the public health, safety, and welfare, and
that the officer or body would not have granted the authorization to which the condition or
limitation pertains except in the belief that the condition or limitation was lawful. (Ord. 019-17 § 18
(Exh. 1)).
20.02.050 Use of Standard Industrial Classification (SIC).
Repealed by Ord. 011-19. (Ord. 010-18 § 2; Ord. 019-17 § 18 (Exh. 1)).
20.02.060 Violations — Enforcement — Penalties.
(1) Violations.
(a) It is a violation of this title for any person to initiate or continue or cause to be initiated or
continued the use of any structure, land, or property within the city of Port Orchard without first
obtaining the permits or authorizations required for the use by this title.
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(b) It is a violation of this title for any person to use, construct, locate, alter, demolish, or
cause to be used, constructed, located, altered, or demolished any structure, land, or property
within the city of Port Orchard in any manner that is not permitted by this title or by the terms of any
permit or approval issued pursuant to this title or previous codes; provided, that the terms or
conditions are explicitly stated on the permit or the approved plans.
(c) It is a violation of this title to remove, deface, or fail to comply with any sign, notice,
complaint, or order required by or posted in accordance with this title.
(d) It is a violation of this title to misrepresent any material fact in any application, plans, or
other information submitted to obtain any land use, building, or development permit or approval.
(e) It is a violation of this title for anyone to fail to comply with the requirements of this title.
(f) Any violation of this title shall constitute a public nuisance.
(2) Enforcement.
(a) It shall be the duty of the director, or their duly authorized designee, to enforce this title.
The director may call upon the code enforcement officer, building official, police, fire, health, public
works or other appropriate city departments to assist in enforcement.
(b) This title shall be enforced for the benefit of the health, safety and welfare of the general
public, and not for the benefit of any particular person or class of persons.
(c) It is the intent of this title to place the obligation of complying with its requirements upon
the owner, occupier, or other person in control of or responsible for the condition of the land and
buildings within the scope of this title.
(d) Upon presentation of proper credentials, the director or duly authorized representative
of the director may, with the consent of the owner or occupier of a building or premises, or pursuant
to a lawfully issued warrant, enter at reasonable times any building or premises subject to the
consent or warrant to perform the enforcement duties under this chapter.
(e) No provision of or term used in this title is intended to impose any duty upon the city or
any of its officers or employees which would subject them to damages in a civil action.
(3) Penalties. When the director determines that a violation of any provision of this title has
occurred or is occurring the director may institute any of the following enforcement actions:
(a) Subject to the provisions of Chapter 2.64 POMC any business, agency, property owner,
and/or other person who violates the standards set forth in this title or the more stringent standards
imposed by the city engineer, hearing examiner, planning commission, and/or city council as
allowed herein shall be guilty of a civil infraction.
(b) In addition to any remedy provided for in this title and Chapter 2.64 POMC, the director
may issue a stop work order and/or notice to vacate and other lawful orders. Any person removing
such sign without the permission of the proper authority shall be guilty of a misdemeanor.
(c) In addition or alternative to any other penalty provided herein or by law, any violation of,
or failure to comply with, any provision of this title or any lawful order issued hereunder shall
15
constitute a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment for
not more than 90 days, or by both such fine and imprisonment.
(d) In addition or alternative to any other remedy provided by this title or under the Port
Orchard Municipal Code, the city may initiate injunction or abatement proceedings or any other
appropriate action in courts against any person or property in violation or failure to comply with any
provision of this chapter, to prevent, enjoin, abate, and/or terminate violations of this chapter
and/or to restore a condition which existed prior to the violation. In any such action or proceeding,
the costs and reasonable attorneys' fees incurred by the city shall be recoverable as a personal
obligation of the property owner and/or responsible party and/or a lien against the property. To the
maximum extent allowed by law, such lien shall constitute a special assessment of equal rank with
state, county, and municipal taxes.
(e) Each day in which a violation of this title occurs or is allowed to continue shall constitute
a separate offense and be subject to the enforcement and penalties provided herein. (Ord. 017-23
§ 1 (Exh. A); Ord. 024-19 § 1 (Exh. 1); Ord. 019-17 § 18 (Exh. 1)).
20.02.070 Fees.
Application fees, appeal fees, permit fees, performance and/or maintenance bond fees, other fees,
and fee policies related to the administration of this title may be adopted by resolution of the city
council and should be periodically updated. (Ord. 023-20 § 2).
16
Exhibit B
11015314.1 - 366922 - 0021
`IN
Chapter 20.12
DEFINITIONS
Sections:
20.12.010 Definitions.
20.12.010 Definitions.
The definitions in this chapter shall apply to this title unless a specific definition is set forth
in a subsequent section, chapter, or subtitle in which case that definition shall apply but be
Limited to that section, chapter, or subtitle as specified therein.
"Accessible electric vehicle charging station" means an electric vehicle charging station
where the battery charging station equipment is located within accessible reach of a
barrier -free access aisle (minimum 44-inch width) and the electric vehicle.
"Accessory building" means any building of which the form and use are subordinate in both
purpose and size, incidental to and customarily associated with a principal permitted
building and use located on the same lot. Also see POMC 20.39.010 and Article VII,
Accessory Uses, of Chapter 20.39 POMC.
"Accessory dwelling unit" means a separate, complete dwelling unit attached to or
contained within the structure of the primary use or a detached single-family residential
dwelling unit (accessory apartment), or contained within a separate structure that is
accessory to the primary use or detached single-family dwelling unit (backyard cottage) on
the premises. Also see POMC 20.39.600.
"Adequate public facilities" means facilities which have the capacity to serve development
without decreasing levels of service below locally established minimums. (WAC 365-196-
210(3).)
"Administrative design review" means a development permit process whereby an
application is reviewed, approved, or denied by the planning director or the planning
director's designee based solely, o�iective design and development standards without a
public predecision hearing, unless such review is otherwise required by state or federal
law, or the structure is a designated landmark or historic district established under a local
preservation ordinance. The city may utilize public meetings, hearings, or voluntary review
boards to consider, recommend, or approve requests for variances from locally
established design review standards.
"Aggrieved person" means:
(1) The applicant and the owner of property to which the land use decision is directed; or
11015314.1 - 366922 - 0021
18
(2) Another person aggrieved or adversely affected by the land use decision, or who would
be aggrieved or adversely affected by a reversal or modification of the land use decision. A
person is aggrieved or adversely affected within the meaning of this section only when all of
the following conditions are present:
(a) The land use decision has prejudiced or is likely to prejudice that person;
(b) That person's asserted interests are among those that the local jurisdiction was
required to consider when it made the land use decision;
(c) Ajudgment in favor of that person would substantially eliminate or redress the prejudice
to that person caused or likely to be caused by the land use decision; and
(d) The petitioner has exhausted their administrative remedies to the extent required by
Law.
"Agricultural processing" means preparing harvested crops or products of animal or
poultry husbandry for marketing, transportation or further processing. Also see POMC
20.39.500.
"Agricultural products" means items resulting from the practice of agriculture, including
crops such as flowers, fruits, vegetables, grains, seed, feed, and plants, or animal products
such as eggs, milk, and meat, or animal byproducts such as fertilizer. Also see POMC
20.39.500.
"Alley" means a public or private access way, either unimproved or improved, which
provides a secondary means of vehicular access to abutting property. Alley width shall be
considered the distance between the alley right-of-way lines.
"Alteration" means a change or rearrangement of the structural parts or exit facilities, or an
enlargement by extending the sides or increasing the height or depth, or the moving from
one location to another.
"Animal— Small" means animals, other than livestock or animals considered predatory or
wild, which are kept outside a dwelling unit all or part of the time. Animals considered
predatory or wild shall be considered small animals when they are taken into captivity for
the purposes of breeding, domestication, training, hunting or exhibition.
"Appeal" means to seek review of a decision or determination from a higher authority. An
appeal may be from a staff decision or determination to the examiner; or from an examiner
decision to the city council; or from a city council decision to the superior court or other
court of competent jurisdiction; however, some permit processes follow different appeal
procedures, which procedures are set forth in the corresponding chapter.
11015314.1 - 366922 - 0021
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"Applicant" means the owner of land proposed for land development or use or its
representative who shall have express written authority to act on behalf of the owner.
Written consent shall be required from the legal owner of the property.
"Arborist" means an individual trained in the art and science of planting, caring for, and
maintaining individual trees, and who is currently certified by the International Society of
Arboriculture.
"Available public facilities" means that public facilities are in place, or a financial
commitment has been made to provide the facilities concurrent with development. For the
purposes of transportation facilities, "concurrent with development" means that the
improvements or strategies are in place at the time of development or that a financial
commitment is in place to complete the improvements or strategies within six years. (RCW
36.70A.070(6)(b).)
"Awning" means an architectural projection for a building that is wholly supported by the
building to which it is attached and comprised of a lightweight rigid skeleton structure over
which a covering is attached.
"Battery charging station" means an electrical component assembly or cluster of
component assemblies designed specifically to charge batteries within electric vehicles,
which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28
RCW and consistent with rules adopted under RCW 19.27.540.
"Battery electric vehicle (BEV)" means any vehicle that operates exclusively on electrical
energy from an off -board source that is stored in the vehicle's batteries, and produces zero
tailpipe emissions or pollution when stationary or operating.
"Binding site plan" means a drawing to scale which: (1) identifies and shows the areas and
Locations of all streets, roads, improvements, utilities, open spaces, and any other matters
identified in Chapter 20.94 POMC; (2) contains inscriptions or attachments setting forth
such appropriate limitations and conditions for the use of the land as are established by
the decision -maker with authority to approve the site plan; and (3) contains provisions
making any development be in conformity with the site plan.
"Biologist" means a person who has a minimum of a bachelor of science degree in
biological sciences or a related field from an accredited college or university and two or
more years of experience; or a person who has five or more years of experience as a
practicing biologist.
"Block" is a group of lots, tracts or parcels within well-defined and fixed boundaries.
11015314.1 - 366922 - 0021
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"Board" means the design review board (DRB), which makes recommendations to the
development director or designee. Also see Chapter 2.78 POMC.
"Bond" means a form of security provided by a bonding company in an amount and form
satisfactory to the city attorney, intended to ensure that required improvements are
installed and/or maintained, and/or to otherwise guarantee compliance with applicable
provisions of this title.
"Boundary line adjustment" means a division made for the purpose of alteration by
adjusting boundary lines, between platted or unplatted lots or both, which does not create
any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or
division which contains insufficient area and dimensions to meet minimum requirements
for width and area for a buildable lot pursuant to this title.
"Brushing" means an allowed practice of removing ground cover, shrubs and vegetation
not defined as a tree to create better visibility on a site for purposes of public safety,
surveying or marketing.
"Buffer" means a nonclearing native vegetation area which is intended to protect the
functions and values of critical areas.
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy.
"Building area" means the area included within the surrounding interior walls of a building
or portion thereof, exclusive of courts.
"Building envelope" means the area of a lot that delineates the limits of where a building
may be placed on the lot.
"Building facade" means that portion of any exterior elevation of a building extending from
the grade of the building to the top of the parapet wall or eaves for the entire width of the
building elevation.
"Building height" means, except when otherwise specified in this code, the vertical
distance from grade plane to the average height of the highest roof surface.
"Building official" means the city employee designated as the building official, or the
consultant to the city who has been designated by contract as the building official.
"Building permit" means the permit required for new construction and additions pursuant
to the city's adopted building code. The term "building permit," as used herein, shall not be
deemed to include: permits required for temporary dwellings; or permits required for
remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a
11015314.1 - 366922 - 0021
21
damaged or destroyed structure, provided there is no increase in the applicable unit of
measure (for nonresidential construction) or number of dwelling units (for residential
construction) resulting therefrom.
"Building site" means the physical portion of the real property upon which the structures
are situated within one lot, and which portion of the lot satisfies the applicable zoning code
standards for physical placement, lot coverage, construction of structures, critical areas
buffers and setbacks, and all other location and dimensional requirements for the
structures.
"Business or occupation of outdoor advertising" shall mean the business of renting or
selling space bythe owner of any billboard or outdoor advertising structure to any other
party for valuable consideration.
"Caliper" means the diameter of a tree trunk, applied only to new or replacement nursery -
grown trees, measured six inches above the ground for up to and including four -inch caliper
size trees and 12 inches above the ground for larger size trees.
"Campground" means an area of land on which accommodations for temporary
occupancy, such as tents or recreational vehicles without hook-up facilities, are permitted
and which is used primarily for recreational purposes on an extended basis over a season
or year-round and/or as a commercial activity. Also see POMC 20.39.340.
"Capital facilities" means the facilities or improvements included in a capital facilities
plan.
"Capital facilities plan" means the capital facilities plan element of the city's
comprehensive plan adopted pursuant to Chapter 36.70A RCW, and any amendments to
the plan, which may include by reference a capital facilities plan of the school district
within the city.
"Charging level" means the standardized indicators of electrical force, or voltage, at which
an electric vehicle's battery is recharged. Levels 1, 2, and 3 are defined by the electrical
output, per the following specifications:
(1) Level 1. Voltage including the range from zero through 120.
(2) Level 2. Voltage is greater than 120 and includes 240.
(3) Level 3. Voltage is greater than 240 and is considered fast or rapid charging.
"City" means the city of Port Orchard, Washington.
11015314.1 - 366922 - 0021
22
"City clerk" means the city employee appointed to that position in accordance with the
provisions of POMC Title 2.
"City council" means the city council of the city of Port Orchard, Washington.
"City engineer" means the city employee appointed to that position in accordance with the
provisions of POMC Title 2.
"Clearing" or "land clearing," for purposes of this chapter, means the direct and indirect
removal of trees, including topping and limbing, and the destruction, disturbance or
removal of other vegetation from any public or private undeveloped, partially developed, or
developed lot, public lands, public right-of-way, or utility easement by physical, chemical,
or other means. This shall also include any destructive or inappropriate activity applied to a
tree or other vegetation that will result in its death or effectively destroy the functionality.
"Clearing" shall not include landscape maintenance, brushing, or pruning consistent with
accepted horticultural practices which does not impair the health, survival or function of
trees or other vegetation. Any proposed activities within a critical area or buffer requires
compliance with Chapter 20.162 POMC.
"Closed record appeal" means an administrative appeal that is heard by the hearing
examiner. See POMC 2.76.150.
"Closed record appeal hearing" means a hearing held pursuant to POMC 2.76.150.
"Closed record public hearing" means a public hearing before the city council following an
open record hearing, in which no new evidence is considered or allowed. Oral argument
shall be permitted in favor or against the recommendation of the hearing examiner;
however, such oral arguments shall be strictly limited in accordance with this provision.
"Commission" means the planning commission of the city of Port Orchard, Washington.
"Common ownership" means ownership by the same person, corporation, firm, entity,
partnership or unincorporated association, or ownership by different corporations, firms,
partnerships, entities or unincorporated associations, in which a stockbroker, partner or
associate, or a member of their family owns an interest in each corporation, firm,
partnership, entity or unincorporated association.
"Community residential facility (CRF)" means living quarters meeting applicable federal
and state standards that function as a single housekeeping unit and provide supportive
services for a group of individuals comprising more than a family (eight or more individuals
excluding staff), including but not limited to counseling, rehabilitation, and medical
supervision, including drug and alcohol detoxification but excluding prisoner release
participants.
11015314.1 - 366922 - 0021
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"Community residential facility (CRF) —Prisoner release" means living quarters meeting
applicable federal and state standards that function as a single housekeeping unit and
provide supportive services for a group of individuals comprising more than a family (eight
or more individuals excluding staff), including but not limited to counseling, rehabilitation,
and medical supervision, excluding drug and alcohol detoxification, specifically for
prisoner release participants and programs such as halfway houses.
"Comprehensive plan" or "comprehensive land use plan" means the plan adopted in
Chapter 20.03 POMC, pursuant to Chapter 36.70A RCW.
"Concurrency" or "concurrent with development" means that adequate public facilities are
available when the impacts of development occur, or within a specified time thereafter.
This definition includes the concept of "adequate public facilities" as defined above. For
the purposes of transportation facilities, concurrent with development means that
strategies or improvements are in place at the time of development or that a financial
commitment is in place to complete the improvements or strategies within six years. (RCW
36.70A.070(6)(b).)
"Congregate living facilities" means a building or part thereof that contains sleeping units
where nontransient residents share bathroom or kitchen facilities, or both. "Nontransient"
with respect to congregate living facility use means occupancy of a sleeping unit for not
Less than 30 days at a time. Congregate living facilities shall be located in a countywide
center as designated in the city's comprehensive plan, shall be in a location that is within a
one -quarter -mile radius of a transit route or that is served by demand -responsive transit
service, shall have 24-hour resident management with responsibility for the operations and
maintenance of the facility, and shall not provide medical care or social welfare services on
site.
"Consistency" means that no feature of a plan or regulation is incompatible with any other
feature of a plan or regulation. Consistency is indicative of a capacity for orderly integration
or operation with other elements in a system.
"Construction — New" means structures for which the start of construction commenced on
or after the effective date of the ordinance codified in this title and preceding ordinances.
"Cottage housing" means residential units on a lot with a common open space that either:
(a) Is owned in common: or M has units owned as condominium units with property owned
in common and a minimum of 20 percent of the lot size as open space.
Council. See "City council."
11015314.1 - 366922 - 0021
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"Courtyard" or "court" means a space, open and unobstructed to the sky, located at or
about grade level on a lot and bounded on three or more sides by the walls of a building.
"Courtyard apartments" means up to four attached dwelling units arranged on two or three
sides of a yard or court."
"Coverage —Lot" means the percentage of the area of a lot or parent lot a -that is
built upon or covered over with impervious materials.
"Critical areas" means any of those areas in the city which are subject to natural hazards or
those lands with features which support unique, fragile, or valuable natural resources,
including fish, wildlife, and other organisms and their habitat and such resources which in
their natural state carry, hold or purify water.
"Critical areas" means those areas identified as:
(1) Wetlands;
(2) Areas with a critical recharging effect on aquifers used for potable water;
(3) Fish and wildlife habitat conservation areas;
(4) Geologically hazardous areas; and
(5) Frequently flooded areas.
"Critical facilities" means those facilities necessary to protect the public health, safety and
welfare. These facilities include but are not limited to schools, hospitals, police stations,
fire departments and other emergency response facilities, and nursing homes. Critical
facilities also include sites of hazardous material storage or production.
"Critical root zone" means the area where the tree's roots are located and is the area
surrounding a tree measured at a radial distance from the trunk equal to one foot for every
one -inch diameter of tree.
"Cul-de-sac" means a road closed at one end by a circular area of sufficient size for turning
Large emergency response vehicles.
"DBH" means diameter at breast height. DBH is a tree's diameter in inches at four and one-
half feet above the ground at the lowest point surrounding the trunk, and is used to
measure existing trees on a site. On multi -stemmed or multi-trunked trees, the diameter
shall be the diameter equivalent to the sum of trunk areas measured at DBH.
"Dedication" means the deliberate appropriation of land or rights in land by its owner for
any general and public use, reserving to themself no other rights than such as are
11015314.1 - 366922 - 0021
25
compatible with the full exercise and enjoyment of the public use to which the property has
been devoted. The intention to dedicate shall be evidenced by deed, or other instrument of
conveyance, or by dedication on a duly filed and recorded plat (or short plat). Dedications
by short plat may require city council acceptance.
"Department" means the city of Port Orchard, Washington, department of community
development or its successor agency, unless otherwise specified.
Design Review Board. See "Board."
"Designated accessible space" means an accessible parking space required by WAC 51-
50-005 and designated for the exclusive use of parking vehicles with a state disabled
parking permit.
"Detention facilities" means stormwater facilities designed to store runoff while gradually
releasing it at a predetermined controlled rate. "Detention facilities" shall include all
appurtenances associated with their designed functions, maintenance and security.
"Developer" means the person or entity that owns or has development control over
property for which development activity is proposed.
"Development activity" or "development" means any construction or expansion of a
building, structure, or use; any change in the use of a building or structure; or any changes
in the use of the land that creates additional demand for public facilities (such as a change
which results in an increase in the number of vehicle trips to and from the property,
building or structure) and requires a development permit from the city. (RCW 82.02.090(1).)
"Development agreement" means the agreements authorized in RCW 36.70B.170.
"Development approval" means any written authorization from the city that authorizes the
commencement of a development activity.
"Development approval authority" means the city official or tribunal having code authority
to approve a development.
"Development site" means the legal boundaries of the parcel or parcels of land for which
an applicant has or should have applied for authority from the city to carry out a
development activity.
"Director" or "development director" means the community development director of the
city of Port Orchard or their duly authorized designee, or as otherwise indicated in this title.
11015314.1 - 366922 - 0021
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"Dock" means a floating or fixed platform used as a landing place for marine transport or
for recreational purposes and attached to the shore or a fixed pier by a loosely coupled
ramp.
"Domestic water system" means any system providing a supply of potable water which is
deemed adequate pursuant to RCW 19.27.097 for the intended use of the development.
"Downtown marquee" means the marquee located at the 700 and 800 blocks of Bay Street
and adjacent streets and which was constructed with funds from LID No. 65.
"Drip line" of a tree means an imaginary line on the ground created by the horizontal
projection of the foliage at its greatest circumference.
"Duplex" means a residential building with two attached dwelling units.
"Dwelling unit" means one or more rooms designed for occupancy by a person or family for
Living and sleeping purposes, containing kitchen facilities, lavatory, and closet, and rooms
with internal accessibility, for use solely by the dwelling's occupant, including but not
Limited to bachelor, efficiency, and studio apartments, and modular and manufactured
homes.
"Easement" means a right granted by the owner of land to another party for specific limited
use of that land.
"Electric scooters and motorcycles" means any two -wheel vehicle that operates
exclusively on electrical energy from an off -board source that is stored in the vehicle's
batteries and produces zero emissions or pollution when stationary or operating.
"Electric vehicle" means anyvehicle that operates, either partially or exclusively, on
electrical energy from the grid, or an off -board source, that is stored on -board for motive
purpose. "Electric vehicle" includes: (1) a battery electric vehicle; (2) a plug-in hybrid
electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium -speed electric
vehicle.
"Electric vehicle charging station" means a public or private parking space that is served by
battery charging station equipment and that has as its primary purpose the transfer of
electric energy (by conductive or inductive means) to a battery or other energy storage
device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or
Level 2 charging equipment is permitted outright as an accessory use to any principal use.
"Electric vehicle charging station — Public" means an electric vehicle charging station that
is: (1) publicly owned and publicly available (e.g., park and ride parking, public library
11015314.1 - 366922 - 0021
4A
parking lot, on -street parking); or (2) privately owned and publicly available (e.g., shopping
center parking, nonreserved parking in multifamily parking lots).
"Electric vehicle charging station — Restricted" means an electric vehicle charging station
that is: (1) privately owned and restricted access (e.g., single-family home, executive
parking, designated employee parking); or (2) publicly owned and restricted (e.g., fleet
parking with no access to the general public).
"Electric vehicle infrastructure" means structures, machinery, and equipment necessary
and integral to support an electric vehicle, including battery charging stations, rapid
charging stations, and battery exchange stations.
"Electric vehicle parking space" means any marked parking space that identifies the use to
be exclusively for the parking of an electric vehicle due to the presence of electric vehicle
charging equipment.
"Enhancement" means an action or actions performed to improve the condition of an
existing degraded critical area (e.g., wetlands or streams) such that the functions or values
are of a higher quality; provided, that this activity does not significantly degrade another
existing function or value.
"Equipment — Heavy" means high -capacity mechanical devices for moving earth or other
materials, and mobile power units including, but not limited to:
(1) Carryalls;
(2) Graders;
(3) Loading and unloading devices;
(4) Cranes;
(5) Drag lines;
(6) Trench diggers;
(7) Tractors;
(8) Augers;
(9) Bulldozers;
(10) Concrete mixers and conveyers;
(11) Harvesters;
(12) Combines; or
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(13) Other major agricultural equipment and similar devices operated by
mechanical power as distinguished from manpower.
"Equipment — Light" means such construction machinery as chainsaws, wheelbarrows,
posthole diggers and all handheld tools.
"Erosion" means the process whereby the land surface is worn away by the action of water,
wind, ice or other geologic agents, by processes such as gravitational creep or events such
as landslides caused by natural or manmade impacts.
"Escrow" means a deposit of cash with the city or escrow agent, pursuant to a written
agreement, in order to secure the promise to perform some act.
"Evergreen" means a plant species with foliage that persists and remains green year-round.
Examiner. See "Hearing examiner."
"External buffer" means a naturally vegetated area or vegetated area along the exterior
boundaries of an entire development processed in accordance with a subdivision
application, which is landscaped and maintained as open space in order to eliminate or
minimize conflicts between such development and adjacent land uses.
"Facade" means the entire building front or street wall face, including grade, to the top of
the parapet or eaves and the entire width of the building elevation.
"Family" means any number of persons related by blood, marriage or legal adoption and
including foster children and exchange students living together as a single housekeeping
unit. "Family" also means the following when living together as a single, not -for -profit
housekeeping unit:
(1) A group of not more than four related and unrelated adults and their related
minor children, but not to exceed a total of eight related and unrelated persons; or
(2) Not more than eight disabled persons, whether adults or minors, living together
in a consensual residential living arrangement, but not to exceed a total of eight persons; or
(3) State licensed adult family homes as defined by RCW 70.128.010; or
(4) State licensed foster family homes and group care facilities as defined in RCW
74.15.020.
For the purposes of this definition, an adult is a person 18 years of age or older, and a minor
child is a person under the age of 18 years.
11015314.1 - 366922 - 0021
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"Fee" or "filing fee" means the fee for filing an application, as said fee is established
annually by resolution of the city council. Unless otherwise indicated, all fees must be paid
at the time the application is submitted to the city.
"Fence" means a barrier for the purpose of enclosing space or separating lots, composed
of: wood, metal or concrete posts connected by boards, rails, panels, wire, mesh, masonry,
or concrete, excluding retaining walls.
"Fiveplex" means a residential building with five attached dwelling units.
Final Plat. See "Plat— Final plat."
"Financial commitment" means those sources of public or private funds or combinations
thereof that have been identified as sufficient to finance public facilities necessary to
support development and that there is reasonable assurance that such funds will be timely
put to that end.
"Floor — Ground" means the ground floor of a building defined as the three-dimensional
interior building space which sits immediately above the basement, crawl space, or floor
slab and below the ceiling orjoists supporting a roof or second floor and which is nearest in
floor elevation to the lowest street elevation located adjacent to the parcel on which the
building is located. This includes any loft space.
"Floor— Lowest" means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than basement area, is not considered a building's
Lowest floor; provided, that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of this code.
"Floor — Second" means the second floor defined as the three-dimensional interior building
space which sits above the ground floor and which is not a loft.
"Forest land" means land devoted primarily to growing and harvesting forest and timber
products and designated as a forest production district.
"Forest practice" means any activity conducted on or directly pertaining to forest land and
relating to growing, harvesting, or processing timber, or removing forest biomass, including
but not limited to:
(1) Activities in and over typed water;
(2) Road and trail construction;
(3) Harvesting, final and intermediate;
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(4) Precommercial thinning;
(5) Reforestation;
(6) Fertilization;
(7) Prevention and suppression of diseases and insects;
(8) Salvage of trees; and
(9) Brush control.
"Forest practice" does not include: forest species seed orchard operations and intensive
forest nursery operations; or preparatory work such as tree marking, surveying and road
flagging; or removal or harvest of incidental vegetation from forest lands such as berries,
ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally
be expected to result in damage to forest soils, timber or public resources.
"Fourplex" means a residential building with four attached dwelling units.
"Geologist" means a person who has a bachelor of science degree in geologic sciences
from an accredited college or university and has a minimum of four years' experience in soil
or slope evaluation under the direct supervision of a practicing geologist or licensed
geotechnical engineer.
"Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a
professional civil engineer with the state of Washington, with professional training and
experience in geotechnical engineering, including at least four years' professional
experience in evaluating geologically hazardous areas.
"Golf facility" means a recreational facility, under public or private ownership, designed
and developed for uses including, but not limited to:
(1) Golf course;
(2) Driving range;
(3) Pro shops;
(4) Caddyshack buildings;
(5) Restaurants;
(6) Office and meeting rooms; and
(7) Related storage facilities.
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"Grade plane" means a reference plane representing the average of the finished ground
Level adjoining the building at its exterior walls. Under conditions where the finished ground
Level slopes significantly away from the exterior walls, that reference plane is established
by the lowest points of elevation of the finished surface of the ground within an area
between the building and lot line, or where the lot line is more than six feet (1,829 mm) from
the building, between the building and a line six feet (1,829 mm) from the building.
"Grading" means any excavating, filling, grubbing, recontouring or removal of earth
materials on the surface layer, or any combination thereof.
"Grazing area" means any open land area used to pasture livestock in which forage is
maintained at an average height of three inches over 80 percent of the area.
"Gross floor area" (GFA) means the sum of the gross horizontal areas of all floors of a
walls separating two (2) buildings. The gross floor area of a building shall include basement
floor area when one-half (1/2) or more of the basement height is above natural grade for
more than fiftv (50) percent of the total perimeter. The gross floor area shall also include
clearances that meet building code minimum ceiling heights. interior balconies and
mezzanines, enclosed porches, floor area devoted to accessory uses, and floor space used
for mechanical equipment, except equipment located on the roof, unless otherwise
specified in this chapter. In determining the gross floor area of an individual use within a
multiple tenant building the gross floor area is the sum of the gross horizontal areas
measured from the interior faces of the interior walls of the space occupied by the use.
"Ground cover" means any living plant material normally terrestrial, growing low to the
ground, or other small trees less than four inches at DBH and not defined as a tree, all of
which are intended to stabilize soils and protect against erosion.
"Growth Management Act — GMA" means the Washington State Growth Management Act
(GMA), Chapter 17, Law of 1990, First Extended Session, Chapter 36.70A RCW et seq., and
Chapter 32 Laws of 1991, First Special Session, RCW 82.02.050 et seq., as now in
existence or hereafter amended.
"Grubbing" means the removal of vegetative matter from underground, such as sod,
stumps, roots, buried logs, or other debris, and shall include the incidental removal of
topsoil to a depth not exceeding 12 inches.
"Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof.
11015314.1 - 366922 - 0021
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"Healthy soil" means soil that is of good quality, with the capacity to sustain plant, animal,
and human life by providing nutrients, air and water space to infiltrate, pollutant absorption
and filtering, and habitat.
"Hearing examiner" means a person appointed to hear or review certain land use decisions
pursuant to Article XI, Section 11 of the Washington State Constitution, Chapters 35.63 and
58.17 RCW, and Chapter 2.76 POMC.
"High intensity nonresidential use" means manufacturing/industrial (Chapter 20.36 POMC)
Land uses and any commercial or mixed use (Chapter 20.35 POMC), civic or institutional
(POMC 20.37.010), or public facilities (POMC 20.37.030) land use with over 120,000 square
feet gross floor area. Also see POMC 20.39.400 and 20.39.410.
"Hospital" means an establishment primarily engaged in providing diagnostic services,
extensive medical treatment including surgical services, and other hospital services, as
well as continuous nursing services. A hospital has an organized medical staff, inpatient
beds, and equipment and facilities to provide complete health care. "Hospital" does not
include convalescent homes. Also see POMC 20.39.325.
"Impact" means any additional demand and need for public facilities or services that is
reasonably related to the proposed development.
"Impact fee" means the amount of money determined necessary by the city or the school
district and imposed upon new development activity as a condition of development
approval or permitting to pay for public facilities needed to serve new growth and
development, and that is reasonably related to the new development that creates the
additional demand and need for public facilities, that is a proportionate share of the cost of
the public facilities and that is used for facilities that reasonably benefit the new
development. "Impact fee" does not include a reasonable permit or application fee. (RCW
82.02.090(3).)
"Impervious surface" means a nonvegetated or compacted surface area that either
prevents or retards the entry of water into the soil mantle as it entered under natural
conditions preexistent to development, or a nonvegetated or compacted surface area
which causes water to run off the surface in greater quantities or at an increased rate of
flow from that present under natural conditions preexistent to development. Common
impervious surfaces include, but are not limited to, roof tops, concrete or asphalt paving,
paved walkways, patios, compacted gravel, driveways, parking lots and storage areas,
packed earthen materials, and oiled, macadam, or other surfaces which similarly impede
the natural infiltration of surface water.
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"Indoor emergency housing" means temporary indoor accommodations for individuals or
families who are homeless or at imminent risk of becoming homeless that are intended to
address the basic health, food, clothing, and personal hygiene needs of individuals or
families. Indoor emergency housing may or may not require occupants to enter into a lease
or occupancy agreement.
"Indoor emergency shelter" means a facility that provides a temporary indoor shelter for
individuals or families who are currently homeless. An indoor emergency shelter may not
require occupants to enter into a lease or an occupancy agreement. Indoor emergency
shelter facilities may include day and warming centers that do not provide overnight
accommodations.
"Landscape architect" means an individual currently licensed by the state of Washington
as a landscape architect.
"Landscaping" means an area devoted to or developed and maintained predominantly
with native or nonnative plant materials, including lawn, ground cover, trees, shrubs, and
other plant materials; and also including accessory decorative outdoor landscape
elements such as ornamental pools, fountains, paved or decorated surfaces (excluding
driveways, parking, loading, or storage areas), and sculptural elements.
"Landslide" means episodic down -slope movement of a mass of soil or rock, including
snow avalanches.
"Level of service" means an established minimum capacity of public facilities or services
that must be provided per unit of demand or other appropriate measure of need.
"Livestock" means grazing animals kept either in open fields or structures for training,
boarding, home use, sales, or breeding, and production, including but not limited to cattle,
riding and draft horses, hogs, sheep, and goats.
"Loading space" means a space for the temporary parking of a vehicle while loading or
unloading cargo or passengers.
"Loft" means an upper interior space of a building, typically consisting of an open
unpartitioned floor area that is accessible from the ground floor and that is below the
second floor or roof.
Long Subdivision. See "Subdivision."
"Lot" means a fractional part of legally divided lands having fixed boundaries, being of
sufficient area and dimension to meet minimum zoning requirements for width and area.
The term shall include tracts or parcels. For purposes of this code, adjoining lots under
11015314.1 - 366922 - 0021
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common ownership, which were created without subdivision or short subdivision approval
from applicable city or county governments, shall be considered as one lot and subject to
the regulations contained herein. The terms of this section shall apply regardless of
whether the individual adjoining lot meets current zoning requirements.
"Lot — Corner lot" means a lot that has frontage on more than one intersecting street. A
street that curves with angles of 120 degrees or less, measured from the center line of the
street, is considered two intersecting streets for the purpose of evaluating whether a lot is a
corner lot. See Figures below.
Lot, o� Lot T---�- (a -�---T
lot � com-, Corned i.f!#.
---------i' i a Lot Lat o i
II
Lot ` CornerLot treatA
Cerrt4rline �- i I F i
trcet A or I Lot Corner Cvmarl LoE I
i I Lot Lot r
1--_L_ _1-_-1
Corner Lots
"Lot — Flag lot" means an irregular lot with two distinct parts:
(1) The flag, which is the only building site; and is located behind another lot; and
(2) The pole, which connects the flag to the street; provides the only street frontage
for the lot; and at any point is less than the minimum lot width for the zone.
"Lot — Interior lot" means a lot that has frontage on one street only.
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"Lot - Irregular lot" means a lot that is shaped so that application of setback requirements
is difficult. Examples include a lot with a shape that is not close to rectangular, or a lot with
no readily identifiable rear lot line, or a flag lot.
subdivision.
Lot Lines on Irregular Lots
REAR LOTLINC
Lar
. � lOT�'y • FRU�1 LpS S.INf.I.
L r d \
I \.
\
I
\ Jr LM
LAIr
\
1 PRUNT,.LOTLLASP- '
"Lot -Through" means a lot having frontage on two parallel or approximately parallel
streets.
"Lot - zoned predominantly for residential use" means Residential zoning districts in POMC
20.34 in which residential dwellings are the predominant use. This excludes lands zoned
primarily for commercial, industrial, and/or public uses, even if those zones allow for the
development of detached single-family residences. This also excludes lands zoned
primarily for mixed uses, even if those zones allow for the development of detached single-
family residences, if the zones permit bight multifamily, use and a variety of commercial
uses. including but not limited to retail. services. eating and drinking establishments.
entertainment, recreation, and offi
"Lot area - Minimum" means the minimum or smallest amount of total lot area in a single
ownership, expressed in square feet, necessary to satisfy the physical development
standards defined in this code.
"Lot line - Interior" means a lot line that delineates property boundaries along those
portions of the property which do not abut a street.
"Lot line interior -Zero" means the elimination of one side setback so that a side building
Line can be constructed on the lot line. Zero lot lines must be designated on a plat.
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"Lot lines" means:
(1) "Lot frontline" means a lot line at which vehicular access is off of a public right-
of-way, private street, access easement or tract;
(2) "Lot rear line" means a lot line which is opposite and most distant from the lot
front line. For the purpose of establishing the lot rear line of a triangular or trapezoidal lot,
or of a lot the rear line of which is formed by two or more lines, the following shall apply:
(a) For a triangular- or gore -shaped lot, a line 10 feet in length within the lot
and farthest removed from the lot front line and at right angles to the line comprising
the depth of such lot shall be used as the lot rear line;
(b) In the case of a trapezoidal lot, the rear line of which is not parallel to the
front line, the lot rear line shall be deemed to be a line at right angles to the line
comprising the depth of such lot and drawn through a point bisecting the recorded
Lot rear line;
(3) "Lot side line" means any lot boundary line that is not a lot front line or a lot rear
Line.
"Low impact development (LID)" means a stormwater and land management strategy that
strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage,
evaporation, and transpiration by emphasizing conservation, use of on -site natural
features, site planning, and distributed stormwater management practices that are
integrated into a project design.
"Low impact development best management practices (LID BMPs)" means distributed
stormwater management practices integrated into a project design that emphasize pre -
disturbance hydrologic processes of infiltration, filtration, storage, evaporation, and
transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens,
permeable pavements, roof downspout controls, dispersion, soil quality and depth,
vegetated roofs, minimum excavation foundations, and water reuse.
"Low impact development principles" means land management strategies that emphasize
conservation, use of on -site natural features, and site planning to minimize impervious
surfaces, native vegetation loss, and stormwater runoff.
"Low intensity nonresidential use" means a small scale commercial or mixed use (Chapter
20.35 POMC), civic or institutional (POMC 20.37.010), or public facilities (POMC 20.37.030)
Land use which does not have outdoor storage along the site edge requiring a landscape
buffer per POMC 20.128.070, and which has less than 25,000 square feet gross floor area.
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"Maior transit stop" means a stop on a high capacity transportation system funded or
"Marijuana" has the meaning established pursuant to RCW 69.50.101, as currently
adopted or hereafter amended.
"Marijuana business" or "marijuana businesses" means and incorporates all marijuana
uses licensed by the Washington State Liquor and Cannabis Board, including, but not
Limited to, marijuana producers, marijuana processors, marijuana retailers, and marijuana
retail outlets, each as separately defined herein.
"Marijuana -infused products" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended.
"Marijuana processor" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended.
"Marijuana producer" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended.
"Marijuana retail outlet" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended, and shall also include marijuana retailers with a
medical marijuana endorsement, as defined herein.
"Marijuana retailer" has the meaning established pursuant to RCW 69.50.101, as currently
adopted or hereafter amended.
"Marijuana retailer with a medical marijuana endorsement" has the meaning established
pursuant to RCW 69.51A.010, as currently adopted or hereafter amended.
Marquee. See "Downtown marquee."
"Material error" means substantive information upon which a permit decision is based that
is submitted in error or is omitted at the time of permit application.
"Maximum lot coverage" means the maximum percentage in area of a lot that may have a
hard surface constructed thereon.
"May" means optional and permissive, and does not impose a requirement.
"Medical marijuana cooperative" means a cooperative established and registered with the
Washington State Liquor and Cannabis Board pursuant to Chapter 69.51A RCW, and that
may produce and process marijuana for the medical use of its members pursuant to the
11015314.1 - 366922 - 0021
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regulations under RCW 69.51A.250, as currently adopted or hereafter amended. Also see
POMC 20.39.650.
"Medium -speed electric vehicle" means a self-propelled, electrically powered four -
wheeled motor vehicle, equipped with a roll cage or crush -proof body design, whose speed
attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour
and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500.
"Metes and bounds" means a description of real property which starts at a known point of
beginning and describes the bearings and distances of the lines forming the boundaries of
the property, and is completed when the description returns to the point of beginning.
"Mid -block connection" means a thoroughfare connecting two sides of a residential block,
usually located near the middle of said block and intended for pedestrian and bicycle use.
"Middle housing" means buildings that are compatible in scale, form, and character with
single-family houses and contain two or more attached, stacked, or clustered homes
including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats.
courtyard apartments, and cottage housing.
"Mitigation" or "mitigate" means any action which avoids any negative or adverse impact,
or which ameliorates any such impact.
"Mobile home — Park" means a tract of land developed with individual sites and facilities to
accommodate two or more mobile homes.
"Model home" means a dwelling unit used initially for display purposes, which typifies the
type of units that will be constructed in the subdivision and which will not be permanently
occupied during its use as a model.
"Moderate intensity nonresidential use" means any commercial or mixed use (Chapter
20.35 POMC), civic or institutional (POMC 20.37.010), or public facilities (POMC 20.37.030)
Land use featuring at least 25,000 square feet gross floor area or featuring outdoor storage
along the site edge requiring a landscape buffer per POMC 20.128.070.
"Modification — Major" means a major alteration of a site plan that includes any one of the
following:
(1) Any enlargement of proposed building(s).
(2) Any site relocation of proposed building(s).
(3) Any change in exterior design.
(4) Any modification that creates new traffic circulation patterns.
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"Must" means the same as "shall" herein, and is mandatory and imposes a requirement.
"Native vegetation" means plant species that are indigenous and naturalized to the city's
region and which can be expected to naturally occur on a site. Native vegetation does not
include noxious weeds.
"Neighborhood electric vehicle" (or a low -speed electric vehicle) means a self-propelled,
electrically powered four -wheeled motor vehicle whose speed attainable in one mile is
more than 20 miles per hour and not more than 25 miles per hour and conforms to federal
regulations under 49 CFR 571.500.
"New evidence" means any and all evidence that is submitted or received after the date the
examiner, or city council as the case may be, closes the official record. The official record is
closed at the end of the hearing, unless the examiner specifically allows the official record
to remain open for a time certain.
"Nonelectric vehicle" means any motor vehicle that does not meet the definition of
"electric vehicle."
"Noxious weed" means any plant which when established is highly destructive,
competitive, or difficult to control by cultural or chemical practices (see Chapter 17.10
RCW). The state noxious weed list in Chapter 16-750 WAC is the officially adopted list of
noxious weeds by the noxious weed control board and recognized by Port Orchard.
"Off site" means any premises not located within the area of the property proposed for a
development or use activity, whether or not in the common ownership of the applicant.
"Official file" means:
(1) All materials accepted by the examiner, or the city council as the case may be,
for purposes of the hearing, or created during the hearing, including but not limited to:
(a) All application materials submitted by the applicant;
(b) The staff report for the hearing;
(c) All written comments received by the city prior to the hearing, or received
into the official record during the hearing;
(d) The list of persons who signed in to the public hearing indicating a desire
to testify, or who wish to be notified of a decision or recommendation on the matter;
(e) The electronic recording of the hearing on the matter, or a transcript of the
electronic hearing on the matter, certified under oath to be a transcript of the
electronic recording of the hearing on the matter;
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(f) The recommendation or decision of the examiner.
(2) If a decision of the examiner is appealed to the council, the following will also be
included in the official file:
(a) The letter or notice of appeal;
(b) The staff report on the appeal;
(c) Any legal motions, briefs or other written appeal documents submitted by
a party of record.
(3) If the decision of the council is appealed to superior court, the following will also
be included in the official file:
(a) The electronic recording of the appeal to council and minutes of the
same, or a transcript of the electronic hearing on the matter, certified under oath to
be a true and correct transcript of the electronic recording of the hearing on the
appeal;
(b) The decision of the council.
"Official plans" means the comprehensive plan, these development regulations, and other
documents adopted by the city council of the city of Port Orchard.
"Official record" means the written and oral information, exhibits, reports, testimony and
other evidence submitted in a timely manner and accepted by the examiner, or the city
council, if applicable. An electronic recording or transcript certified as a true and correct
transcript of an electronic recording of the hearing is a part of the official record.
"Open record hearing" means a hearing, conducted by a single hearing body or officer
authorized by the city to conduct such hearings, that creates the city's record through
testimony and submission of evidence and information, under procedures prescribed by
the hearing body or officer.
"Open space" means a portion of land, excluding building sites and parking areas, which is
designated and maintained as an area for leisure, recreation and other activities normally
carried on outdoors. Open space may include greenbelt and recreational areas.
"Ordinances" means legislative enactments of a city or county.
"Owner" means the owner of record of real property, although when real property is being
purchased under a real estate contract, the purchaser shall be considered the owner of the
real property, if the contract is recorded. (RCW 82.02.090(4).)
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"Parapet" means that portion of a building wall that extends above the roof of the building.
"Park" means a site designed or developed for recreational use by the public, including but
not limited to: indoor facilities, such as gymnasiums, swimming pools, or activity centers;
and outdoor facilities, such as playfields, swimming pools, courts, playgrounds, fishing
and boating access areas, or picnicking and other group activity areas, and areas and trails
for hikers, equestrians, or bicyclists. Also see POMC 20.39.315 and 20.39.340.
"Parking lot aisle" means that portion of the off-street parking area used exclusively for the
maneuvering and circulation of motor vehicles and in which parking is prohibited.
"Parking space" means an area accessible to vehicles, improved, maintained, and used for
the sole purpose of parking a motor vehicle.
"Parking space — Off-street" means a space on private property with access to a public
street or alley used to park a motor vehicle.
"Party" or "party of record" means the applicant, the property owner of the property for
which a land use application has been filed, and any person who has submitted written
comments or testified as part of the official record of a land use action.
"Pavement width" means the actual paved surface measured from edge to edge of a street
or alley road surface.
"Peak hour" means the hour during the morning or afternoon when the most critical level of
service occurs for a particular roadway or intersection.
"Permanent supportive housing" means subsidized, leased housing with no limit on length
of stay that prioritizes people who need comprehensive support services to retain tenancy
and utilizes admissions practices designed to use lower barriers to entry than would be
typical for other subsidized or unsubsidized rental housing, especially related to rental
history, criminal history, and personal behaviors. Permanent supportive housing is paired
with on -site or 24-hour off -site voluntary services designed to support a person living with a
complex and disabling behavioral health or physical health condition who was
experiencing homelessness or was at imminent risk of homelessness prior to moving into
housing to retain their housing and be a successful tenant in a housing arrangement,
improve the resident's health status, and connect the resident of the housing with
community -based health care, treatment, or employment services. Permanent supportive
housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW.
"Permit" or "project permit" means any land use or environmental permit or license
required from the city, including, but not limited to: building permits, land disturbing
activity permits, subdivisions, binding site plans, conditional use permits, variances,
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shoreline substantial development permits, site development permits, temporary use
permits, permits or approvals required by critical areas regulations, and site -specific
rezones.
"Permit —Temporary use" means a permit to allow a use for a limited duration and/or
frequency.
"Person" means any individual, organization, society, partnership, firm, association, joint
venture, public or private corporation, trust, estate, commission, board, public or private
institution, governmental agency, public or private utility, cooperative, interstate body or
other legal entity.
"Pervious surface" means a surface material that allows stormwater to infiltrate into the
ground. Examples include, but are not limited to, lawn, landscape, pasture, native
vegetation area, and permeable pavements.
"Place of worship" means a place where religious services are conducted, and including
accessory uses in the primary or accessory buildings, such as religious education, reading
rooms, assembly rooms, and residences for nuns and clergy.
"Planning commission" means the city of Port Orchard, Washington, planning commission.
"Plat" means a map or representation of a subdivision, showing thereon the division of a
tract or parcel of land into lots, blocks, streets and alleys or other divisions and
dedications.
"Plat certificate" means a title report by a title insurance company certifying the ownership,
deed restrictions, covenants, etc., of the land being subdivided.
"Plat — Final plat" means the final drawing of the subdivision and dedication prepared for
filing of record with the county auditor, and containing all elements and requirements set
forth in Chapter 58.17 RCW and Chapter 20.90 POMC.
"Plat — Long plat" means the map or representation of a long subdivision, showing thereon
the subdivision of a tract or parcel of land with lots, blocks, streets, and alleys or other
subdivisions, easements and dedications as authorized by Chapter 58.17 RCW and in
Subtitle V of this title.
"Plat — Preliminary plat" means a neat and approximate drawing of a proposed subdivision
showing the general layout of streets and alleys, lots, blocks and other elements of a
subdivision consistent with the requirements of this title. The preliminary plat shall be the
basis for the approval or disapproval of the general layout of a subdivision of 10 or more
Lots.
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"Plat — Short plat" means the map or representation of a short subdivision.
"Plug-in hybrid electric vehicle (PHEV)" means an electric vehicle that: (1) contains an
internal combustion engine and also allows power to be delivered to drive wheels by an
electric motor; (2) charges its battery primarily by connecting to the grid or other off -board
electrical source; (3) may additionally be able to sustain battery charge using an on -board
internal -combustion -driven generator; and (4) has the ability to travel powered by
electricity.
"Port Orchard" means the city of Port Orchard, Washington.
Preliminary Plat. See "Plat— Preliminary plat."
"Principal building" means a building in which is conducted the main or primary use of the
Lot on which it is located. Generally, this use will be a principal permitted use as provided in
POMC 20.39.010. It is possible for a lot to have more than one principal building and
principal use.
"Private" means solely or primarily for the use of residents or occupants of the premises,
e.g., a noncommercial garage used solely by residents or their guests is a private garage.
"Private street" means a privately owned right-of-way which provides access for up to 10
residential units and meets the requirements of the city's public works standards.
"Project improvements" means site improvements and facilities that are planned and
designed to provide service for a particular development and that are necessary for the use
and convenience of the occupants or users of the project, and are not system
improvements. No improvement or facility included in a capital facilities plan approved by
the city council shall be considered a project improvement. (RCW 82.02.090(5).)
"Project permit" or "project permit application" means any land use or environmental
approval required from the city for a project action, including but not limited to building
permits, subdivisions, planned unit developments, conditional uses, shoreline substantial
development permits, site plan review, permits or approvals required by this title, critical
areas and natural resources, site -specific rezones authorized by a comprehensive plan or
subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea
plan, or development regulations except as otherwise specifically included in this land use
regulatory code.
Property Owner. See "Owner."
"Protected area" means all land where no construction activity, tree removal, vegetation
removal, or soil compaction is allowed and
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includes the critical root zone of those trees to be preserved.
"Pruning" means cutting back of limbs larger than one and one-half inches in diameter.
"Public agency" means any agency, political subdivision, or unit of local government of this
state, including but not limited to municipal corporations, special purpose districts,
counties, and local service districts; any agency of the state of Washington, the United
States or any state thereof; or any Indian tribe recognized as such by the federal
government.
"Public agency yard" means a facility operated by a public agency for open or enclosed
storage, repair, and maintenance of vehicles, equipment, or related materials, excluding
document storage.
"Public facilities" means facilities which are owned, operated and maintained by a public
agency.
"Public right-of-way" means any road, alley, street, avenue, arterial, bridge, highway, or
other publicly owned ground or place used or reserved for the free passage of vehicular
and/or pedestrian traffic or other services, including utilities.
Public Street. See "Public right-of-way."
"Rapid charging station" means an industrial grade electrical outlet that allows for faster
recharging of electric vehicle batteries through higher power levels and that meets or
exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
"Reasonable use" has the meaning established by the most recent applicable state or
federal court decision.
"Recreational vehicle (RV)" means a vehicle designed primarily for recreational camping,
travel or seasonal use, which has its own motive power or is mounted on or towed by
another vehicle, including but not limited to: travel trailer, folding camping trailer, park
trailer, truck camper, motor home, and multi -use vehicle.
"Recreational vehicle parks" means the use of land upon which two or more recreational
vehicle sites, including hookup facilities, are located for occupancy by the general public of
recreational vehicles as temporary living quarters for recreation or vacation purposes.
"Recyclable material" means a nontoxic, recoverable substance that can be reprocessed
for the manufacture of new products.
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"Regional utility corridor" means a right-of-way tract or easement which contains
transmission lines or pipelines for utility companies, excluding distribution lines contained
within street rights -of -way or lines serving individual lots or developments.
"Reserve strip" means a strip of land dedicated or created in fee for the purpose of
controlling the access to streets or other public rights -of -way from adjoining property.
"Resident" means a person who occupies a residential dwelling within the city of Port
Orchard on an ongoing and continual basis, and who actually lives within the home, as
distinguished from a visitor or transient.
"Restoration" means the actions to return a stream, wetland or other critical area to a state
in which its stability, functions, and values approach its unaltered state as closely as
possible.
"Retention facilities" means drainage facilities designed to store runoff for gradual release
by evaporation, plant transpiration, or infiltration into the soil. Retention facilities shall
include all such drainage facilities designed so that none of the runoff entering the facility
will be discharged as surface water. Retention facilities shall include all appurtenances
associated with their designed function, maintenance, and security.
"Right-of-way" or "ROW" means a strip of land platted, dedicated, condemned or
established by prescription, or otherwise legally established, for the use of pedestrians,
vehicles or utilities.
"Sale or lease" means any immediate or future transfer of ownership, or any possessory
interest in land, including contract of sale, lease, devise, intestate succession, or other
transfer of an interest in a subdivision or part thereof, whether by metes and bounds or lot
and block description.
"Sanitary sewer systems" means all facilities, including approved on -site disposal
facilities, used in the collection, transmission, storage, treatment, or discharge of any
waterborne waste, whether domestic in origin or a combination of domestic, commercial
or industrial waste.
"School" means an institution primarily for academic instruction, public, private or
parochial, and accredited by the State Department of Education.
"School bus base" means an establishment for the storage, dispatch, repair, and
maintenance of coaches and other vehicles of a school transit system. Also see POMC
20.39.210.
"School district" means South Kitsap School District No. 402.
11015314.1 - 366922 - 0021
46
"School district support facility" means uses (excluding schools and bus bases) that are
required for the operation of a school district, including centralized kitchens, and
maintenance or storage facilities.
"Seasonal decoration" means temporary decorations for holidays which do not fall under
the definition of a sign. Decorations, which fall under the definition of a sign, must conform
to all provisions of the sign code.
"Senior" means a person aged 55 or older.
Sensitive Area. See "Critical areas."
"SEPA responsible official" means the development director, or such other person as the
development director has designated in writing to serve as the SEPA responsible official.
"Setback" means the minimum required distance between a structure or portion thereof
and a lot line of the lot on which it is located, or another line as described in a particular
section of this title. See POMC 20.40.020 for additional information.
"Shall" means the same as "must" herein, and is mandatory and imposes a requirement.
"Shoreline jurisdiction" means the area extending landward for 200 feet in all directions as
measured on a horizontal plane from the ordinary high water mark; floodways and
contiguous floodplains areas landward 200 feet for such floodways, and all wetlands
associated with streams, lakes and tidal waters.
"Shoreline master program" means the shoreline master program for the city of Port
Orchard, and the use regulations, together with maps, diagrams, charts, or other
descriptive material and text, a statement of desired goals, and standards developed in
accordance with the policies enunciated in RCW 90.58.020.
Short Plat. See "Plat — Short plat."
"Short subdivision" means the division or redivision of land into nine or fewer lots, tracts,
parcels or divisions for the purpose of sale or lease.
"Should" means strongly advisable, unless the context clearly indicates otherwise.
"Site area — Minimum" means the minimum or smallest amount of total site area in a single
ownership expressed in acres necessary to support development consistent with the
zoning district provisions of this code.
"Single-family zones" means those zones where single-family detached residences are the
predominant land use. In Port Orchard the "single-family zones" are the Residential 1 (R1)
and Residential 2 (R2) districts as described in POMC 20.34.
11015314.1 - 366922 - 0021
I' VA
"Sixplex" means a residential building with six attached dwelling units.
"Soil amendments" means materials added to soil to improve its physical or chemical
properties. Unlike fertilizers, the exact ingredients and chemical composition of soil
amendments vary among different sources. Examples could include compost, time,
gypsum, and clay. Soil amendments can be used to improve the permeability and water
retention characteristics of soil.
"Specified sexual activities" means human genitalia in a state of sexual stimulation or
arousal; acts of human masturbation; sexual intercourse or sodomy; erotic fondling,
touching or display of human genitalia, pubic region, buttock, or female breast; peep
shows, topless dancing, and nude dancing.
"Stacked flat" means dwelling units in a residential building of no more than three stories
on a residential zoned lot in which each floor may by a separately rented or owned.
"State" means the state of Washington.
"Stream" has the meaning established pursuant to Chapter 90.58 RCW as currently
adopted or hereafter amended.
"Street" (including the words "avenue," "boulevard," "circle," "court," "drive," "lane," "loop,"
"parkway," "place," "road," "spur," "terrace," and "way") means:
(1) Any public way, either unimproved or improved, which affords the principal
means of access to abutting properties. A street width shall be considered the distance
between its right-of-way lines.
(2) A public or recorded private thoroughfare providing the main pedestrian and
vehicular access through neighborhoods and communities and to abutting property.
"Street block" means a group of lots or properties on the same side of a street between two
street intersections or a street intersection and a dead end.
"Street frontage" means the portion of a lot property line that abuts a public right-of-way.
"Street standards" means the city of Port Orchard "Public Works Engineering Standards
and Specifications" (PWESS) for streets as adopted by ordinance of the Port Orchard city
council.
"Structure" means anything permanently constructed, walled, and roofed, including a gas
or liquid storage tank that is principally in or on the ground, or over the water, excluding
fences less than six feet.
11015314.1 - 366922 - 0021
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"Subdivider" means any person, firm or corporation who subdivides or develops any land
deemed to be a subdivision.
"Subdivision" means the division or redivision of land into 10 or more lots, tracts, parcels,
sites or divisions for the purpose of sale or lease, or transfer of ownership, and includes all
resubdivision of land.
"Subdivision, unit lot" means the division of land into two or more contiguous buildable
lots provided the parent lot meets all requirements for dimension, setbacks, building
types, density,pen space, or any other applicable development standard set forth in this
ThLe.
"Substantial development or improvement" means:
(1) Any repair, reconstruction, or improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure either:
(a) Before the improvement repair is started; or
(b) If the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition, substantial improvement is
considered to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects the
external dimensions of the structure.
(2) The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or
Local health, sanitary, or safety code specifications which are solely necessary to
assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historical
Places or a State Inventory of Historical Places.
"Survey monument" or "monument" means the physical structure, along with any
references or accessories thereto, used to mark the location of a land boundary survey
corner, geodetic control point, or local control point.
"Surveyor" means a registered professional land surveyor licensed to practice surveying in
the state of Washington.
"System improvements" means public facilities that are included in the city's capital
facilities plan and are designed to provide service to areas within the city and community at
Large, in contrast to project or on -site improvements. (RCW 82.02.090(9).)
11015314.1 - 366922 - 0021
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"Testamentary" means given or bequeathed by a will.
"Tract" means a nonbuildable or buildable unit of land created by a subdivision, short
subdivision, deed, or other instrument recorded with the appropriate county recorder.
Tracts are usually held in common by the owners of an organization, such as a
homeowners' association, for common benefit and are not in every instance required to
meet minimum lot size and dimensional requirements of the applicable zone.
"Trails" means manmade pathways designed and intended for use by nonmotorized
transportation modes, including walking, biking, horseback riding, and/or recreational
uses.
"Transitional housing" means a facility that provides housing and supportive services to
homeless persons or families for up to two years and that has as its purpose facilitating the
movement of homeless persons and families into independent living.
"Transportation facilities" means capital facilities related to air, water or land
transportation.
"Transportation level of service standards" means a measure which describes the
operational condition of the travel stream and acceptable adequacy requirements, as
identified in the city's comprehensive plan (as required by RCW 36.70A.070(6)(b)).
"Transportation system management (TSM)" means low cost projects that can be
implemented in a short time frame designed to increase the efficiency of existing
transportation facilities. This also includes transit and/or ride -sharing measures to
decrease single -occupancy vehicle trips.
"Tree" means any woody plant characterized by one main stem or trunk and many
branches, or multi -stemmed trunks which have a diameter individually or cumulatively of
four inches DBH or larger.
"Tree enhancement plan" means a plan prepared by a certified arborist, licensed
Landscape architect, or certified forester and required of all commercial or industrial
properties greater than two acres in size when any tree removal or tree clearing takes place.
The tree enhancement plan shall combine tree preservation of existing trees to the extent
feasible, along with tree replacement and replanting equal to at least 15 percent of the
number of significant trees existing on the site prior to any tree removal. The tree
enhancement plan shall incorporate trees in as many areas as feasible, such as tree tracts,
boundary trees, perimeter landscaping, parking lot landscaping, street and driveway trees,
facade landscaping, or other viable stands of trees, considering the type of commercial or
industrial development.
11015314.1 - 366922 - 0021
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"Tree inventory" means ad eta i led list of all trees of four inches DBH or larger, located on a
site for which a tree permit is required, and which is prepared by a certified arborist,
Licensed landscape architect, certified forester, or other qualified tree professional. A tree
inventory shall be included on a site plan drawn to scale, and provide the number, size,
approximate height, specific location, and tree species of all trees of four inches DBH or
Larger, with a summary of all significant trees in sufficient detail for the city to review.
"Tree owner" means the owner of the real property where 51 percent or more of the
diameter of the trunk of the tree at ground level is located.
"Tree topping" means the severe cutting back of limbs to stubs larger than three inches in
diameter within the tree's crown to such a degree so as to remove the normal canopy and
disfigure the tree.
"Tree, vegetation and soil protection area (TVSPA)" means a separate tract of land, which
may or may not be deeded as such, specifically set aside for the preservation of healthy
soil and the preservation or planting of existing and/or native vegetation and trees.
Stormwater retention/detention facilities, critical area buffers and other common areas
may be considered TVSPA if they currently, or are improved to an extent where they can,
support healthy soils and the growth of native vegetation and trees. The purpose of these
areas (for preserving healthy soils, preserving and/or planting native vegetation and trees) is
stated on the face of the plat when applicable.
"Triplex" means a residential building with three attached dwelling units.
"Townhouses" means buildings that contain three or more attached single-family dwelling
units that extend from foundation to roof and that have a , yard way on not less
than two sides.
"Ultimate roadway section" means a designation that the maximum roadway or
intersection capacity has been reached and further right-of-way acquisition and/or
improvements are not feasible to increase peak hour vehicle capacity.
"Understory" means the low layer of plants forming an underbrush or underwood.
"Unit density" means the number of dwelling units allowed on a lot, or parent lot.
"Use — Principal" means the primary use for a lot, structure, or building or the major portion
thereof, as designated or actually used.
"Use — Secondary" means an incidental or accessory use for which a lot, structure or
building is designated or employed in conjunction with, but not subordinate to, its primary
use.
11015314.1 - 366922 - 0021
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"Utilities" or" public utilities" means enterprises or facilities serving the public by means of
an integrated system of collection, transmission, distribution and processing facilities
through more or less permanent physical connections between the plant of the serving
entity and the premises of the customer. Included are systems for the delivery of natural
gas, electricity, telecommunications services and water, and for the disposal of sewage.
Also see POMC 20.39.260 and 20.39.270.
"Vacation rental" means a self-contained single-family residence including
condominiums, apartments and detached residences that may be rented by groups or
individuals. Not to be confused with hotels/motels or bed and breakfast facilities. Also see
POMC 20.39.345.
"Vegetation" means any and all organic plant life growing at, below or above the soil
surface.
"Wall, blank" means wall (including building facades and -retaining walls) over 10 feet in
height, has a horizontal length greater than 15 feet, and does not include a trans ap rent
window or door.
"Wall frontage" means the length of an outside building wall on a public right-of-way.
"Wall plane" means the flat vertical surface on a building facade, which may include doors,
windows, openings, or other incidental recessions that do not extend through to the
roofline.
"Wastewater treatment facility" means a plant for collection, decontamination, and
disposal of sewage, including residential, industrial, and agricultural liquid wastes, and
including any physical improvement within the scope of the definition of "water pollution
control facility" set forth in WAC 173-90-015(4) as amended. Also see POMC 20.39.480.
"Waterwise plant" means a plant that requires regular water while being established.
However, once established, it will need less water than most traditional plants, but will not
necessarily withstand periods of drought.
"Wetland" or "wetlands" means areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Wetlands do not include those artificial wetlands intentionally created from non -wetland
sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales,
canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape
amenities, or those wetlands created after July 1, 1990, that were unintentionally created
11015314.1 - 366922 - 0021
52
as a result of the construction of a road, street, or highway. Wetlands may include those
artificial wetlands intentionally created from non -wetland areas to mitigate the conversion
of wetlands.
11015314.1 - 366922 - 0021
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Exhibit C
54
Chapter 20.22
PERMITTING AND DEVELOPMENT APPROVAL — PERMIT PROCESS TYPES
Sections:
20.22.010 Classification.
20.22.020 Determination of types —Table.
20.22.030 Type I (administrative decision, Judicial appeal).
20.22.040 Type 11 (administrative decision, hearing examiner appeal).
20.22.050 Type III (hearing examiner decision, -judicial appeal).
20.22.060 Type IV (city council decision, Oudicial. appeal).
20.22.070 Type V (legislative actionsy
20.22.010 Classification.
The review and approval of land use and development permit applications shall be classified as
either Type 1, II, III, IV, or V based on who makes the decision, the amount of discretion exercised by
the decision maker, the level of impact associated with the decision, the amount and type of public
input sought, and the type of appeal opportunity. The types of decisions are set forth in this chapter.
The application procedures identified in this chapter shall be pursuant to Chapter 20.24 POMC.
(Ord. 011-19 § 5 (Exh. 2); Ord. 029-18 § 2; Ord. 019-17 § 18 (Exh. 1)).
20.22.020 Determination of types —Table.
(1) Determination of Proper Decision Type. The director shall determine the proper review
procedure for all land use and development permit applications and actions. If there is a question
as to the appropriate type of process, the director shall resolve it in favor of the higher process type
number.
(2) Optional Consolidated Permit Processing. An application that involves two or more procedures
may be processed collectively under the highest numbered procedure required for any part of the
application or processed individually under each of the procedures identified by the code. The
applicant may determine whether the application shall be processed collectively or individually. If
the application is processed under the individual procedures option, the highest numbered type
procedure must be processed prior to the subsequent lower numbered procedure. If the individual
procedure option is chosen, the applicant will be eligible for any fee reduction contained in the
current fee schedule.
61.1
Table 20.22.020 — Permit Review Type Classifications
Type I
Type II
Type III
Type IV
Type V
Director
Director Decision
HE Decision
City Council
City Council
Decision
Decision
Decision
HE Appeal
Judicial Appeal
Judicial Appeal
Judicial Appeal
GMHBAppeal
Building Permitl
Short Plat, Unit Lot
Preliminary Plat,
Final Plat (Chapter
Development
(Subtitle X of this
Subdivisions,
Preliminary Plat Major
20.90 POMC)
Agreement
title)
Preliminary,
Modifications,
(Chapter 20.26
Alteration of
Alteration of Final,
Site -Specific
POMC)
Binding Site Plan,
preliminary,
Vacation of Final
Rezone without
Final (Chapter
Alteration of Final,
(Chapters 20.88 and
Comprehensive
Comprehensive
20.94 POMC)
Vacation of Final
20.96 POMC)
Plan Amendment
Plan Amendment —
Preliminary Plat—
(Cha p
(Chapters 20.86
(Chapter 20.42
Land Use Map
Minor
and 20.96 POMC)
Variance (Chapter
POMC)
Amendment, Text
20.28 POMC)
Amendment
Modifications
Temporary Use
(Chapter 20.04
(Chapter 20.88
permit (Chapter
Conditional Use
POMC)
POMC)
20.58 POMC)
Permit (Chapter 20.50
POMC)
Legislative Zoning
Minor Land
Binding Site Plan —
Map Amendment
Disturbing Activity
Preliminary,
Shoreline Substantial
Chapter 20.06
( p
Permit (Chapter
Alteration of
Development Permit,
POMC)
20.140 POMC and
Preliminary,
Conditional Use
POMC
Alteration of Final,
Permit, and
POMC Title 20
20.150.100)
Vacation of Final
Nonadministrative
Code Amendment
Boundary Line
(Chapter 20.94
Variance (Chapter
(Chapter 20.06
Adjustment
POMC)
20.164 POMC)
POMC)
(Chapter 20.84
Stormwater
Planned Residential
Annexations2
POMC)
Drainage Permit
Developments
Code
(Chapter20.150
FinalPlat— Alteration
Interpretation
POMC)
or Vacation (Chapter
(Chapter 20.10
Sign Permit (if
20.96 POMC)
POMC)
SEPA required)
View Protection
Legal
(Chapter 20.132
Overlay District
Nonconforming
POMC)
(VPOD) Variance
Permit (Chapter
Shoreline
(POMC 20.38.860)
20.54 POMC)
Substantial
Flood Damage
Short Plat, Final
Development
Prevention Variance
(Chapter 20.86
Permit,
(Chapter 20.170
POMC)
Administrative
POMC)
56
Table 20.22.020 — Permit Review Type Classifications
Type I
Type II
Type III
Type IV
Type V
Director
Director Decision
HE Decision
City Council
City Council
Decision
Decision
Decision
HE Appeal
Judicial Appeal
Judicial Appeal
Judicial Appeal
GMHBAppeal
Sign Permit (if
(Chapter 20.164
SEPA not
POMC)
required)
(Chapter 20.132
Sign Variance
POMC)
(Chapter 20.132
POMC)
Master Sign Plan
Shoreline Permit
Major Land
Flood Damage
Exemption
Disturbing Activity
Prevention Appeal
(Chapter 20.164
Permit (Chapter
(Chapter 20.170
POMC)
20.140 POMC and
POMC)
POMC 20.150.100)
Temporary Use
Permit, Extension
Variance —
(Chapter 20.58
Administrative
POMC)
(Chapter 20.28
POMC)
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.
2 A development agreement that is consolidated with a Type I, 11, III, or IV project permit application
may be appealed pursuant to Chapter 36.70C RCW.
(Ord. 059-21 § 2; Ord. 033-20 § 3; Ord. 030-20 § 2; Ord. 029-19 § 1; Ord. 011-19 § 5 (Exh. 2); Ord.
029-18 § 2; Ord. 010-18 § 4; Ord. 019-17 § 18 (Exh. 1)).
20.22.030 Type I (administrative decision, judicial appeal).
(1) General. Type I applications are defined pursuant to POMC 20.22.020. All Type I actions must
meet all applicable requirements of the POMC in addition to the requirements specified in this
subtitle.
57
(2) Preapplication Conference. Type I applications do not require a preapplication conference.
(3) Notice of Application. Type I applications do not require a notice of application, unless
environmental review is required under SEPA pursuant to Chapter 20.160 POMC.
(4) Review of Application.
(a) The director shall commence permit review pursuant to Chapter 20.24 POMC. The director shall
determine which city departments are responsible for reviewing or commenting on an application
and shall ensure the affected departments receive a copy of the application, or appropriate parts of
the application.
(b) Following a determination of technical completeness and determination of consistency
pursuant to POMC 20.24.090, the director shall approve, deny, or approve with conditions all Type I
applications. Conditions may be imposed directly on the plans (red -lining) or through other
documentation reflected on the plans to ensure the requirements of city codes and regulations are
met without going through another correction cycle before permit issuance.
(5) Decision.
(a) Unless a permit type has been excluded from the 120-day permit decision timeline established
in POMC 20.24.100, pursuant to RCW 36.70B.140, all Type I applications are subject to the
maximum 120-day timeline, but in most cases review may be complete within a much shorter time
period. If no correction cycles are required, review should be complete within approximately 30
calendar days from the date of technical completeness. Correction cycles will extend review time
in proportion to the time the city must wait for an applicant to submit additional or corrected
information.
(b) The decision of the director may be reflected on the plans or permit itself or may be documented
in a written report or letter of approval.
(6) Notice of Decision. Public notice of a Type I decision is not required. The applicant shall be
notified in writing or by email that the permit is ready to issue or the application is approved.
(7) Administrative Appeal. There is no administrative appeal of a Type I decision except for decisions
that are appealable to the building board of appeals in accordance with this title and the
International Codes as adopted by the city.
(8) Judicial Appeal. AType I decision not appealable to the building board of appeals may be
appealed directly to superior court. (Ord. 011-19 § 5 (Exh. 2); Ord. 029-18 § 2; Ord. 019-17 § 18 (Exh.
1)).
20.22.040 Type II (administrative decision, hearing examiner appeal).
(1) General. Type II applications are defined pursuant to POMC 20.22.020. All Type II applications
must meet all applicable requirements of the POMC in addition to the requirements specified
below.
(2) Preapplication Conference. Type II actions are required to participate in a preapplication
conference pursuant to POMC 20.24.010. A limited preapplication conference may be allowed for
58
projects that do not require substantial review by other departments such as variances and design
review without SEPA or street improvement requirements.
(3) Notice of Application. Type II applications require a notice of application pursuant to Chapter
20.25 POMC.
(4) Review of Application.
(a) The director shall commence permit review pursuant to Chapter 20.24 POMC. The director shall
determine which city departments are responsible for reviewing or commenting on an application
and shall ensure the affected departments receive a copy of the application, or appropriate parts of
the application.
(b) Following a determination of technical completeness and determination of consistency
pursuant to POMC 20.24.090, the director shall approve, approve with conditions, or deny all Type II
applications. Conditions may be imposed directly on the plans (red -lining), through other
documentation reflected on the plans, or in a written staff report or other decision document, to
ensure the requirements of city codes and regulations are met without going through another
correction cycle before permit issuance.
(5) Public Hearing. No public hearing is required for Type II decisions.
(6) Decision. Type II decisions are subject to the maximum 120-day timeline requirement pursuant
to POMC 20.24.100. A decision for a Type II action shall be made in writing by the director and shall
include the following information:
(a) A description of the proposal and a listing of permits or approvals included in the application;
(b) A statement of the applicable criteria and standards in this code and other applicable law;
(c) A statement of background information and facts relied upon by the department which show the
application does or does not comply with the approval criteria;
(d) A summary of public comment received and how the department or applicant responded to the
public comments or concerns; and
(e) The decision to deny or approve the application and, if approved, any conditions of approval
necessary to ensure the proposed development will comply with applicable law.
(7) Notice of Decision. Public notice of a Type II decision shall be provided pursuant to POMC
20.24.100. Notice of a short plat or binding site plan shall be provided in the same manner as
notice of application as set forth in Chapter 20.25 POMC.
(8) Administrative Appeal. A Type II decision, except for shoreline substantial development permits
and shoreline variances, may be appealed to the hearing examiner within 14 calendar days of the
notice of decision. A decision on a shoreline substantial development permit or shoreline variance
may be appealed to the State Shorelines Hearings Board pursuant to Chapter 20.164 POMC.
Shoreline appeal procedures and information are available from the department or from the State
Department of Ecology. Administrative appeals of director decisions to the hearing examiner are to
be made on forms provided by the city and shall include the following information:
59
(a) A brief statement regarding how the appellant is significantly affected by or interested in the
matter appealed;
(b) A specific clear and comprehensible statement of the appellant's issues on appeal, noting
appellant's specific exceptions and objections to the decision or action being appealed;
(c) The specific relief requested, such as reversal or modification; and
(d) Signature, address, and phone and fax number of the appellant, and name and address of
appellant's designated representative, if any.
(9) Judicial Appeal. The decision of the hearing examiner on a Type II appeal may be appealed to
superior court. (Ord. 011-19 § 5 (Exh. 2); Ord. 029-18 § 2; Ord. 019-17 § 18 (Exh. 1)).
20.22.050 Type III (hearing examiner decision, judicial appeal).
(1) General. Type III applications are defined pursuant to POMC 20.22.020. All Type III applications
must meet all applicable requirements of the POMC in addition to the requirements specified
below.
(2) Preapplication Conference. Type III applications are required to have a preapplication
conference pursuant to POMC 20.24.010.
(3) Notice of Application. Type III applications require a notice of application pursuant to Chapter
20.25 POMC.
(4) Review of Application.
(a) The director shall commence permit review pursuant to Chapter 20.24 POMC. The director shall
determine which city departments are responsible for reviewing or commenting on an application
and shall ensure the affected departments receive a copy of the application or appropriate parts of
the application.
(b) Following a determination of technical completeness and determination of consistency
pursuant to POMC 20.24.090, the director shall prepare a written recommendation to the hearing
examiner. The director's recommendation shall provide a description of the proposal, a listing of the
permits or approvals included in the application, a statement of the criteria and standards
applicable to the proposal, and a review of the background information and facts relied upon by the
director for the recommendation. The recommendation shall enumerate any conditions needed to
ensure the application meets each of the applicable decision criteria.
(c) If a director recommendation is not available to the hearing examiner as provided in this section,
the hearing examiner may reschedule or continue the hearing upon their own motion or upon the
motion of a party, or the hearing examiner may decide the matter without the recommendation.
(d) The director's recommendation, and any additional staff reports, shall be consistent with RCW
36.70B.060(5).
(5) Public Hearing. A Type III action requires an open record hearing before the hearing examiner.
60
(a) At least 14 calendar days before the date of the hearing, public notice of the hearing shall be
provided consistent with the requirements of POMC 20.25.050.
(b) The director's recommendation shall be made available on the date the hearing notice is issued.
(c) SEPA appeals for Type III decisions may be consolidated with a public hearing as provided for in
POMC 20.160.240(5).
(d) The burden of proof shall be on the applicant to demonstrate that the proposal conforms to
applicable codes and standards; except that for any SEPA DNS appeal, the burden of proof is on the
appellant.
(e) The public hearing shall be conducted pursuant to the hearing examiner's adopted rules and
procedures and shall be recorded on audio or audiovisual tape. The hearing examiner may remand
an application to staff at their discretion to allow staff to administratively address an issue or
irregularity with the application or the processing thereof.
(6) Decision.
(a) A written decision for a Type III action shall be issued by the hearing examiner within 14 calendar
days after the date the record closes, unless the applicant has consented in writing to an extension
of this time period. The hearing examiner's decision shall include the following information:
(i) A description of the proposal and a listing of permits or approvals included in the application;
(ii) A statement of the applicable criteria and standards in the municipal code and other applicable
law;
(iii) A statement of background information and facts relied upon by the hearing examiner which
show the application does or does not comply with the approval criteria and standards;
(iv) A summary of public testimony and public comment received and how the department or the
applicant responded to the public testimony and public comments; and
(v) The decision to deny or approve the application and, if approved, any conditions of approval
necessary to ensure the proposed development will comply with applicable law.
(b) Notice of Decision. Public notice of a Type III decision shall be provided pursuant to POMC
20.24.100.
(7) Reconsideration.
(a) The hearing examiner may reconsider a Type III decision if a written request for such
administrative appeal is filed by a party of record within 14 calendar days of the date of the notice of
decision. Grounds for requesting reconsideration shall be limited to the following:
(i) The decision or conditions of approval are not supported by facts in the record;
(ii) The decision contains an error of law;
(iii) There is newly discovered evidence potentially material to the decision which could not
reasonably have been produced prior to the open record predecision hearing; or
61
(iv) The applicant proposes changes to the proposal in response to deficiencies identified in the
decision.
(b) Any request for reconsideration shall be mailed to all parties of record on the same day as the
request is mailed or delivered to the hearing examiner.
(c) A request for reconsideration shall stop the running of the judicial appeal period on a Type III
decision for seven calendar days. During this time period, the hearing examiner shall decide
whether reconsideration is appropriate. If the hearing examiner decides to reconsider the decision,
the judicial appeal period will be placed on hold until the reconsideration process is complete and
a new decision is issued. If the hearing examiner decides to reconsider a decision, all parties of
record shall be notified.
(d) The hearing examiner shall, by order, set a schedule for other parties of record to respond in
writing to the reconsideration request and shall issue a decision no later than 14 calendar days
following the due date for submittal of written responses. A new judicial appeal period shall
commence from the date of the hearing examiner's decision on reconsideration.
(8) Judicial Appeal. Type III decisions, except shoreline conditional use permits and any associated
shoreline permits, may be appealed to superior court. Shoreline decisions are appealable to the
State Shorelines Hearings Board. (Ord. 017-23 § 1 (Exh. A); Ord. 011-19 § 5 (Exh. 2); Ord. 029-18 § 2;
Ord. 019-17 § 18 (Exh. 1)).
20.22.060 Type IV (city council decision, judicial appeal).
(1) General. Type IV applications are defined pursuant to POMC 20.22.020. All Type IV applications
must meet all applicable requirements of the POMC in addition to the requirements specified
below.
(2) Preapplication Conference. Type IV applications are required to have a preapplication
conference pursuant to POMC 20.24.010.
(3) Notice of Application. Type IV applications require a notice of application pursuant to Chapter
20.25 POMC.
(4) Review of Application.
(a) The director shall commence review of the permit application pursuant to Chapter 20.24 POMC.
The director shall determine which city departments are responsible for reviewing or commenting
on an application and shall ensure the affected departments receive a copy of the application or
appropriate parts of the application.
(b) Following a determination of technical completeness and determination of consistency
pursuant to POMC 20.24.090, the director shall prepare a written recommendation to the hearing
body. The director's recommendation shall provide a description of the proposal, a listing of the
permits or approvals included in the application, a statement of the criteria and standards
applicable to the proposal, and a review of the background information and facts relied upon by the
director for the recommendation. The recommendation shall enumerate any conditions needed to
ensure the application meets each of the applicable decision criteria.
62
(c) If a SEPA determination of nonsignificance (DNS) is issued for the proposal, the DNS will be
issued in conjunction with the director's recommendation to the hearing body.
(d) Within 14 calendar days of holding a public hearing, the hearing body shall issue a
recommendation on the application to the city council.
(5) Public Hearing. AType IV action requires an open record hearing for a recommendation before
either the hearing examiner or planning commission, pursuant to the requirements of the individual
permit application requirements.
(a) At least 14 calendar days before the date of the hearing, public notice of the hearing shall be
provided consistent with the requirements of POMC 20.25.050.
(b) The director's recommendation shall be made available on the date the hearing notice is issued.
(c) SEPA appeals for Type IV decisions may be consolidated with a public hearing as provided for in
POMC 20.160.240(5). The burden of proof shall be on the applicant to demonstrate that the
proposal conforms to applicable codes and standards; except that for any SEPA DNS appeal, the
burden of proof is on the appellant.
(d) The public hearing shall be conducted pursuant to the hearing body's adopted rules and
procedures and shall be recorded on audio or audiovisual tape.
(6) Decision. Following receipt of a recommendation from the hearing body, the city council shall
approve, approve with conditions, or deny a Type IV application by ordinance.
(7) Administrative Appeal. There is no administrative appeal of Type IV decisions.
(8) Judicial Appeal. AType IV decision may be appealed to superior court. (Ord. 011-19 § 5 (Exh. 2);
Ord. 029-18 § 2; Ord. 019-17 § 18 (Exh. 1)).
20.22.070 Type V (legislative actions).
(1) General.
(a) Type V actions are defined pursuant to POMC 20.22.020. All Type V proposals are legislative
actions, but not all legislative actions are Type V decisions. Legislative actions involve the creation,
amendment, or implementation of policy or law by ordinance. In contrast to other types of actions,
legislative actions apply to large geographic areas and are of interest to many property owners and
citizens.
(b) Type V actions are not subject to the application procedures in Chapter 20.24 POMC, unless
otherwise specified.
(2) Public Hearing.
(a) The planning commission shall hold a public hearing and make recommendations to the city
council on Type V actions. A notice for the public hearing shall be provided pursuant to POMC
20.25.050.
63
(b) The city council may hold a public hearing on Type V actions prior to passage of an ordinance or
entry of a decision.
(c) The planning commission and/or city council may require more than one public hearing for Type
V actions.
(d) Notice of a public hearing shall be provided to the public at least 14 calendar days prior to the
hearing by publishing notice as provided for in POMC 20.25.050. In addition to publishing notice
and posting notice at City Hall, at least 14 calendar days prior to the hearing the city shall mail
notice of the public hearing to the applicant, relevant government agencies, and other interested
parties who have requested in writing to be notified of the hearing. If the legislative action is for a
comprehensive plan amendment, notice of the public hearing shall also be posted and mailed
pursuant to Chapter 20.04 POMC. The city may also provide optional methods of public notice as
provided in Chapter 20.25 POMC.
(3) Review. Review of Type V actions shall be pursuant to the applicable POMC chapter for each
action.
(4) Decision. The city council shall issue a final decision on all Type V actions by passage of an
ordinance.
(5) Appeals. AType V decision may be appealed to the Growth Management Hearings Board
pursuant to the regulations set forth in RCW 36.70A.290.
(6) Legislative Enactments Not Restricted. Nothing in this section, chapter, or Chapter 20.24 POMC
shall limit the authority of the city council to make changes to the city's comprehensive plan, as
part of a regular revision process, or to make changes to the city's municipal code. (Ord. 011-19 § 5
(Exh. 2); Ord. 029-18 § 2; Ord. 019-17 § 18 (Exh. 1)).
64
Exhibit D
11025069.1 - 366922 - 0021
65
Chapter 20.32
BUILDING TYPES
Sections:
20.32.005
Purpose.
20.32.006
Applicability,
20.32.007
Exceptions.
20.32.010
Building type descriptions.
20.32.015
Building type zoning matrix.
20.32.020
Detached house.
20.32.030
Backyard cottage.
Carriage House
20,32.035
20.32.040
Cottage t-o�Housin
20.32.050
Duplex. - -
20.32.060
back -ton - Stacked Flat.
20.32.070
Triplex.
20.32.9$0-075 Fourplex.
20.32-00--Eveplex.
20.32,085
Sixplex.
20.32.090
Townhouse.
20.32.100
Apartment.
20.32.105
Courtyard Apartment.
20.32.107
Forecourt Apartment
20.32.110
Live -work.
20.32.120
Shopfront house.
20.32.130
Single -story shopfront.
20.32.140
Mixed use shopfront.
20.32.150
General building.
20.32.160
Accessory building.
20.32.005 Purpose.
The purpose of this chapter is to differentiate building types and provide standards for the
construction of different building types to ensure a high -quality public realm.
20.32.006 Applicability.
11025069.1 - 366922 - 0021
66
No new building may be erected within the city- it of Port Orchard except in conformance
with this chapter.
20.32.007 Exceptions.
Mechanical equipment buildings associated with public utilities, such as well houses or
sewer lift stations, shall be exempt from the standards in this chapter.
20.32.010 Building type descriptions.
(1)- Detached House.
(a) -A building type that accommodates �rte ,sing e-family dwelling unit sn an
ndividtial with yards on all sides. An accessory dwelling unit may be located within a
detached house. A new manufactured home shall be considered a detached house for the
purposes of this title. "New manufactured home" means any manufactured home required
to be titled under RCW Title 46, which has not been previously titled to a retail purchaser,
and is not a "used mobile home" as defined in RCW 82.45.032(2). A new manufactured
home shall be treated as a detached house for the purposes of this title.
(b) -Zones where permitted: Refer to 20.32.015(1).
(2)- Backyard Cottage.
(a) -A small self-contained accessory dwelling unit, carriage house, or carriage
house containing an accessory dwelling unit located on the same lot as a detached house
but physically separated.
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11025069.1 - 366922 - 0021
67
(b) Zones where permitted: Refer to 20.32.015(1) ,
P) Carriage House.
(a) A self-contained accessory dwelling located on the same lot as a detached
house, townhouse, duplex, triplex, four le�x, apartment, or courtyard apartment. but
Ph sv ically separated: for use as a complete, independent living facility,provisions for
cooking, sanitation and sleeping. Carriage house dwelling units are located above
enclosed ground -level off-street parking facilities, or common facilities including. but not
limited to. laundrv. recreation space or other uses commonly associated with residential
development for the associated o
(4)-_Cottage CourtHQu�i_
lot with a common open space that either: (a) +is owned in common: or (b) has units owned
as condominium units with property owned in common and a minimum of 20 percent of
the lot size as open space. Cottage housing may, be in a configuration that accommodates
up to 12 residential units. Accessory buildings such as a community building and common
storage facilities are allowed. building type that accorni-nodates five to 12 detached
dweRing units organized around an internal shared courtyard.
(b) Zones where permitted: Refer to 20.32.015(11 ,
(45) -Duplex.. - -
(a)= -A middle housing -building type that accommodates two attached dwelling
units. .
11025069.1 - 366922 - 0021
68
(b) -Zones where permitted: Refer to 20.32.015 1 .
...
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(6) Stacked flat.
(a) A middle housing building type that accommodates dwelling units in a
residential building of no more than three stories on a residentially zoned lot in which each
floor ma by a separately rented or owned.
11025069.1 - 366922 - 0021
69
..,
(7) Triplex -
(a) A middle housing building type that accommodates three attached dwelling
units vertically and/or horizontally integrated.
(b) Zones where permitted: Refer to 20.32.015(11.
(78)-Fourplex.
(a) -A middle housing building type that accommodates three to four attached
dwelling units vertically aril/or horizontally integrated.
(b) Zones where permitted: Refer to 20.32.015(11R3, R4, R5, NMU.
(9) Fiveplex.
(a) A middle housing buildin type that accommodates five attached dwelling units
vertically and/or horizontallygrated.
11025069.1 - 366922 - 0021
70
(b) Zones where permitted: Refer to 20.32.015(1).
(10) Sixplex.
(a) A middle housing building type that accommodates six attached dwelling units
vertically and/or horizontallygrated.
(b) Zones where permitted: Refer to 20.32.015.1,
(11) -Townhouse.
(a) -A middle housing building type that contains three or more attached single-
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11025069.1 - 366922 - 0021
71
(b) Zones where permitted: Refer to 5(l).R2 (three to four dvveffin Unit
�1R I Ili 11 �l�Z�J � I VIlY.n�.0 7Y.AlY \
(12)-Apartment.
(a) -A multifamily residential building type that accommodates five or more dwelling
units vertically and/or horizontally integrated.
(b) Zones where permitted: Refer to 20.32.015(1),R3, GMU.
(13) Courtyard Apartment.
(a) A middle housing building type that accommodates up to four attached dwelling
units arranged on two or three sides of a yard or court.
(b) Zones where permitted: Refer to 20.32.015(1,.
(14) Forecourt Apartment.
(a) A multifamily building type that accommodates at least five multifamily dwellings
arranged on two or three sides of a forecourt. Forecourt apartments shall feature —a
forecourt as described in POMC 20.122.040 along the primary street.
(b) Zones where permitted: Refer to 20.32.015(1l.
11025069.1 - 366922 - 0021
41�
(1-015) Live -Work.
(a) Abu ilding type that accommodates three or more units. Units allow for
residential and nonresidential uses in the same physical space. Units may be vertically or
horizontally mixed.
(b) Zones where permitted: Refer to 20.32.015(11 ,
£e.
(�_16) Shopfront House.
(a) A building type that typically accommodates ground floor retail, office or
commercial uses with upper -story residential or office uses at a scale that complements
the existing residential character of the area.
h
(b) Zones where permitted: Refer to 20.32.015(1) .
(+217) Single -Story Shopfront.
(a) A single -story building type that typically accommodates retail or commercial
uses.
11025069.1 - 366922 - 0021
73
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(+8�18) Mixed Use Shopfront.
(a) A building type that typically accommodates ground floor retail, office or
commercial uses with upper -story residential or office uses.
(b) Zones where permitted: Refer to 20.32.015(11 .
(+419) General Building.
(a) A building type that typically accommodates ground floor retail, office, or
commercial uses with upper -story residential or office uses.
(�i f • 1 ' • ' 11 ' •i�CZ t l�•yZl)�C3��ISli�Di ]rYI�AAJYI�Ar Y\�A �I&I 1w1=
11025069.1 - 366922 - 0021
74
(1-520) Manufactured or Mobile Home Park.
(a) A cluster of manufactured or mobile homes configured such that more than one
mobile home is located on a lot, parcel, or tract. A manufactured or mobile home park
typically features land or unsubdivided lots leased or rented by the manufactured or
mobile home owner.
(b) Zones where permitted: none. New manufactured or mobile home parks are not
permitted. Existing legal nonconforming manufactured or mobile home parks may be
maintained and the homes therein may be replaced.
(1-621) Accessory Building.
(a) An accessory building is any building of which the form and use are subordinate
in both purpose and size, incidental to and customarily associated with a permitted
principal building and use, other than a backyard cottage, located on the same lot.
(b) Zones where permitted: Refer to 20.32.015(l).
20.32.015 Building type zoning matrix.
(1) Building Type Zoning Matrix Key.
(a) Permitted Building Type (P). Indicates a building type is permitted in the zone.
(b) Building Type Not Permitted (--). Indicates a building type is not permitted in the
zone.
Building.��R2��R3��R4��R5��116��G�����MU���BPMU��CC��CH��lF��LI
PI
Backyard
Cottage
P
P
P
P
7n�7
r1l
--
--
--
--
--
n
Hbu-se
L
Cottage
E)otirtHbus�inj
P
P
P
LP
L
J
LLLU--
L
11025069.1 - 366922 - 0021
75
aa,`1`
R2�R3�
CI
LIp
Flat
A—
LI
I
I
I
I
I
Attached
i i0tise
P
L
r
Triple
P
F]
--IF
---Ir
I
I
I
I
I
I
I
I
Fourplex
P
iFrr7
--
--
--
--
--
--
Fiveplex
��O
1P
I
,o,e.
—
Townhouse
_PPPF._P,P
��P
��P
��P
Apartment
Forecourt
A partm�ent
Live -Work
—IT
P
P
�LILLLJLILILP�
P
n�
- _ILL'
L
L
House
1-1-1
I—I—LLLLII—L-
Shopfront
P
F1
P
Mixed Use
Shopfront
--
--
--
--
L--
LIL
P
P
--
LLLL
--
L.
11025069.1 - 366922 - 0021
76
Building Type
R1
R2�R3�R4�R5nGB
RMU�NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
General
--
--
--
--
--
--
--
--
P
--
P
P
P
P
P
P
P
P
P
P
Building
Manufactured
--
--
--
--
--
--
--
--
--
--
or Mobile
Home Park
Accessory
P
P
P
P
P-P
P
P
P
P
P
P
P
P
P
PPP
P
P
P
Building
20.32.020 Detached house.
11025069.1 - 366922 - 0021
77
f
Lot
Area (sq. ft.1
Set by District
A_
Width ft.
Set by District
B
Lot Coverage
Set by District
c
Unit Density
Set by District
Setbacks
Primary street
Set by District
D
Side street
Set by District
E
Side interior
Set by District
F
Rear
Set by District
G
Attached garage
Set by District
11025069.1 - 366922 - 0021
78
(62) Height and Form.
Height
Principal Building
35 ft.
A
Accessory Building
Set by district
B
Accessory Dwelling Unit (Backyard Cottage)
Set by district)
B
Ground floor elevation
12 in. min
C
Building
Elements and Standards
Element
Applicability
Standard
Exceptions
Covered Entry
Required: Porch
Refer to POMC 20.122.060
Windows and
doors
Required
A minimum of 10% of the area of a street-
Facades separated
facing facade elevation shall include
windows and/or doors.
from the street by
a dwelling or
11025069.1 - 366922 - 0021
79
located more than
100 feet from a
street are exempt
from this standard.
Blank wall
treatment
Required
Blank walls shall not be permitted on street -
facing facades
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0-1��1��\.�ltl�.\lti�J\l\\t:l�.t�l�7l�l�rl.l�l�1�\\llH7t•\\l�i�ft•.\l
Access and Parking
Pedestrian Access
Primary Entry: One entry required at primary
street.
Additional Entries: Allowed from street. side
street, side yard or rear yard.
Access: A concrete, asphalt, or equivalent
pedestrian connection at least three feet wide
is required between the building and the
sidewalk (or the street if there is no sidewalkl.
Pam
Required access from an alley if exists.
Prohibited within front setback (except in front
of garagesl.
Driveway
Refer to POMC 20.124.090
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11025069.1 - 366922 - 0021
80
y
r
_ ■
� O i
2
Lot
Area seq. ft.1
Set by District
A
Width ft.
Set by District
B
Lot Coverage
Set by District
c
Unit Density
Set by District
Setbacks
Primary street
Set by District
D
Side street
Set by District
E
Side interior
Set by District
F
Rear
Set by District
G
Attached garage
Set by District
Building separation from buildings on same lot/unit lot
10 feet minimum
00-1
bil
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11025069.1 - 366922 - 0021
82
Build -to -Zone (BTZj
Building facade in primary street
Does not apply
Building facade in side street
Does not apply
(62) Height and Form.
Height
Accessory Dwelling Unit (Backyard Cottage)
Set by district
Ground floor elevation
12 in. min
Building
Elements and Standards
Element
Applicability
Standard
Exceptions
Covered Entry
Recommended:
Porch, or recessed
Porch: Refer to POMC 20.122.060
Recessed entry: Each dwelling unit shall
entry.
feature a porch, or provide minimum
weather protection of at least three (3) feet
by three (3 feet.
Refer to POMC 20.68.
Windows and
doors
Required
A minimum of 10% of the area of a street-
Facades separated
facing facade elevation shall include
windows and/or doors.
from the street by
a dwelling or
located more than
100 feet from a
street are exempt
from this standard.
11025069.1 - 366922 - 0021
83
Blank wall
Not required
treatment
Access and Parkin
Pedestrian Access
Allowed from street. side street, side y rd or
rear yard.
Access: A concrete, asphalt, or equivalent
pedestrian connection at least three feet wide
is required between backyard cottage building
and the sidewalk (or the street if there is no
sidewalk). Driveways may be used to meet this
requirement.
Parkin
Required access from an alley if lot is served by
an alley.
Prohibited within front setback (except in front
of garages).
Driveway
Refer to POMC 20.124.090
20,32,035 Carriage House.
11025069.1 - 366922 - 0021
84
(1) Lot and Placement.
11025069.1 - 366922 - 0021
85
Lot
Area (sq. ft.1
Set by District
A
Width ft.
Set by District
B
Lot Coverage
Set by District
c
Unit Density
Set by District
Setbacks
Primary street
Set by District
F
Side street
Set 2y District
G
Side interior
Set by District
H
Rear
Set by District
I
Attached garage
Set by District
Build -to -Zone (BUI
Building facade in primary street
Does not apply
Building facade in side street
Does not apply
(2) Height and Form.
IN
11025069.1 - 366922 - 0021
86
Height
Carriage House
Set by district
Ground floor elevation
N/A
Building
Elements and Standards
Element
Applicability
Standard
Exceptions
Covered Entry
Recommended:
Recessed entry.
Recessed entry: Each dwelling unit shall
provide minimum weather protection of at
least three (3) feet by three (3) feet.
Windows and
doors
Required
A minimum of 10% of the area of a street-
Facades separated
facing facade elevation shall include
windows and/or doors.
from the street by
a dwelling or
located more than
100 feet from a
street are exempt
from this standard.
Blank wall
treatment
Not required
Access and Parking
Pedestrian Access
Allowed from street, side street, side yard or
rear yard.
Access: A concrete, asphalt, or equivalent
pedestrian connection at least three feet wide
is required between a carriage house buildin
and the sidewalk (or the street if there is no
sidewalk). Driveways may be used to meet this
requirement.
Parking
Required access from an alley if lot is served by
an alley.
Prohibited within front setback (except in front
of garages).
Driveway
Refer to POMC 20.124.090
20.32.040 Cottage zourtHousing.
11025069.1 - 366922 - 0021
87
rrr
Lot
Area (sq. ft.1
Set by District
A
Width ft.
Set by District
B
Lot Coverage
Set by District
c
Unit Density
Set by District
Setbacks
Primary street
Set by District
F
Side street
Set by District
G
Side interior
Set by District
H
Rear
Set by District
I
Attached garage
Set by District
..
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11025069.1 - 366922 - 0021
89
Build -to -Zone (BTZ�
Building facade in primary street
Does not apply
Building facade in side street
Does not apply
(82) Height and Form.
Height
Principal Building
35 ft.
A
Accessory Building
Set by district
C
Accessory Dwelling Unit (Backyard CottagO
Set by district
C
Ground floor elevation
12 in. min
D
Building
Elements and Standards
Element
Applicability
Standard
Exceptions
Covered Entry
Reauired
T
Porch: All cottages shall feature a porch at
least 60 square feet in size with a minimum
dimension of five feet on any side facing the
street and/or common open space.
Windows and
doors
Required
A minimum of 10% of the area of a street-
Facades separated
facing facade elevation shall include
windows and/or doors.
from the street by
a dwelling or
located more than
100 feet from a
street are exempt
from this standard.
Blank wall
treatment
Reauired
Blank walls shall not be permitted on street -
facing facades or facades facing Common
Open Space
11025069.1 - 366922 - 0021
90
Cottage Housing Design Requirements
Cottage size
Cottages shall each have no more than 1,800 square feet of gross floor area,
excluding attached garages.
Open Space
Open space shall be provided equal to a minimum 20 percent of the lot size. This
E
may include common open space, private open space, setbacks. critical areas.
and other open space.
Common Open
Space
At least one outdoor common open space is required which satisfies the
E,F
following standards:
a) Common open space shall be provided equal to a minimum of 300 square
feet per cottage. Each common open space shall have a minimum dimension of
15 feet on any side.
b) Common open space shall be bordered by cottages on at least two sides. At
least half of cottage units in the development shall abut a common open space
and have the primary entrance facing the common open space.
c) Parking areas and vehicular areas shall not qualify as common open space.
d) Critical areas and their buffers, including steep slopes, shall not qualify as
common open space.
Community Building
a) A cottage housing development shall contain no more than one community
build
b) A community building shall have no more than 2.400 square feet of gross
floor area, excluding attached garages.
c1 A community building shall have no minimum off-street parking requirement.
11025069.1 - 366922 - 0021
91
Access and Parkin
Pedestrian Access
Primary Entry: To be provided on any side
facing the street and/or common open space
Access: A concrete. asphalt, or equivalent
pedestrian connection at least three feet wide
is required between each middle housing
building and the sidewalk (or the street if there
is no sidewalk).
Parking
Required access from an alley if lot is served by
an alley.
Prohibited in areas used as Common Open
S
Prohibited within front setback (except in front
of garages).
Driveway
Refer to POMC20.124.090
20.32.050 Duplex. side -by -side.
i
11025069.1 - 366922 - 0021
92
lov A"
0
0
0
�0
� e 4a5 /
Lot
Area seq. ft.1
Set by District
A
Width ft.
Set by District
B
Lot Coverage
Set by District
c
Unit Density
Set by District
Setbacks
Primary street
Set by District
D
Side street
Set by District
E
Side interior
Set by District
F
Rear
Set by District
G
Attached garage
Set by District
Build -to -Zone (BTZ�
Building facade in primary street
Does not apply
Buildingfagade in side street
Does not apply
11025069.1 - 366922 - 0021
94
(62) Height and Form.
Height
Principal Building
35 ft.
A
Accessory Building
Set by district
B
Accessory Dwelling Unit (Backyard Cottagel
Set by district
B
Ground floor elevation
12 in. min
C
Building
Elements and Standards
Element
Applicability
Standard
Exceptions
Covered Entry
Reauired
Porch : Refer to POMC 20.122.060
Windows and
doors
Reauired
A minimum of 10% of the area of a street-
Facades separated
facing facade elevation shall include
windows and/or doors.
from the street by
a dwelling or
located more than
100 feet from a
street are exempt
from this standard.
Blank wall
treatment
Reauired
Blank walls shall not be permitted on street -
facing facades
Access and Parking
Pedestrian Access
Primary Entry: One entry required at primary
street.
11025069.1 - 366922 - 0021
95
Additional Entries: Allowed from street, side
street, side yard or rear yard.
Access: A concrete. asphalt, or equivalent
pedestrian connection at least three feet wide
is required between each middle housine
building and the sidewalk (or the street if there
is no sidewalk). Driveways may be used to
meet this requirement.
Par "in
Required access from an alley if lot is served by
an alley.
Prohibited within front setback (except in front
of Zaraesl.
Driveway
Refer to POMC 20.124.090
20.32.060 Duplex. back-to-backStacked Flat.
lwm WI P14 0 lIllbTA70l:J M Lr-�MnM\IYP Dim MLW
(31) Lot and Placement.
11025069.1 - 366922 - 0021
96
Lot
Area (sq. ft.1
Set by District
A
Width ft.
Set by District
B
Lot Coverage
Set by District
c
Unit Density
Set by District
Setbacks
Primary street
Set by District
D
Side street
Set by District
E
Side interior
Set by District
F
Rear
Set by District
G
Attached garage
Set by District
rgai agmiaau��T nvy'I'A'Aaul■ Wiwi MiWisIL'AwWiwuu■■igo! In aiurrA�■■iM■
Build -to -Zone (BTZj
Building facade in primary street
Set by District
Building facade in side street
Set by District
(26) Height and Form.
11025069.1 - 366922 - 0021
97
\ 0
A
7�
4' \
Hem
Principal Building
35 ft.
A
Accessory Buildine
Set by district
B
Accessory Dwelling Unit (Bac
Set by district
B
Ground floor elevation
12 in. min
C
Building
Elements and Standards
Element
Applicability
Standard
Exceptions
Covered Entry
Required: Porch, or
Porch: Refer to POMC 20.122.060
Recessed entry: A common entry to the
recessed entry.
building featuring a porch, or a common
entry which provides minimum weather
protection of at least three (3) feet by three
3 feet.
Windows and
doors
Reauired
A minimum of 10% of the area of a street-
Facades separated
facing facade elevation shall include
windows and/or doors.
from the street by
a dwelling or
located more than
100 feet from a
street are exempt
from this standard.
Blank wall
treatment
Reauired
Blank walls shall not be permitted on street -
facing facades
Access and Parking
Pedestrian Access
Primary Entry: One entry required at primary
street.
Additional Entries: Allowed from street, side
street, side yard or rear yard.
11025069.1 - 366922 - 0021
98
Access: A concrete, asphalt, or equivalent
pedestrian connection at least three feet wide
is required between each middle housine
building and the sidewalk (or the street if there
is no sidewalk). Driveways may be used to
meet this requirement.
Park n *
Required access from an alley if lot is served by
an alley.
Prohibited within front setback (except in front
of garages).
Driveway
Refer to POMC 20.124.090
20.32.070 Tri l x .
11025069.1 - 366922 - 0021
99
�r
A(3) Lot and Placement-.
11025069.1 - 366922 - 0021
100
maximum.(d) Primary street setback: set by district.
(e) Side street setback- set by district.
(f) Side interior setback: set by district.
(g) Rear setback: set by distriet.
(a) Btimidongfacade in primary street BTZ: does not apply
Y.
11025069.1 - 366922 - 0021
101
(1) Lot and Placement.
11025069.1 - 366922 - 0021
102
Lot
Area (sq. ft.1
Set by District
A_
Width ft.
Set by District
B
Lot Coverage
Set by District
c
Unit Density
Set by District
Setbacks
Primary street
Set by District
D
Side street
Set by District
E
Side interior
Set by District
F
Rear
Set by District
G
Attached garage
Set by District
Build -to -Zone (BTZ�
Building facade in primary street
Does not apply
Building facade in side street
Does not apply
(2) Height and Form.
11025069.1 - 366922 - 0021
103
Hem
Principal Building
35 ft.
A
Accessory Building
Set by district
B
Accessory Dwelling Unit (Backyard Cottagel
Set by district
B
Ground floor elevation
12 in. min
C
Building
Elements and Standards
Element
AaallcabllltV
Standard
Exceptions
Covered Entry
Required: Porch, or
Porch: Refer to POMC 20.122.060
Recessed entry: Where a common entry is
recessed entry.
provided to all units within the building a
porch shall be provided. Otherwise, each
dwelling entry shall be provided with
minimum weather protection of at least
three (3) feet by three (3) feet.
Windows and
doors
Required
A minimum of 10% of the area of a street-
Facades separated
facing facade elevation shall include
windows and/or doors.
from the street by
a dwelling or
located more than
100 feet from a
street are exempt
from this standard.
Blank wall
treatment
Required
Blank walls shall not be permitted on street -
facing facades
Access and Parking
Pedestrian Access
Primary Entry: One entry required at primary
street.
Additional Entries: Allowed from street, side
street. side yard or rear yard.
Access: A concrete, asphalt, or equivalent
pedestrian connection at least three feet wide
is required between each middle housing
building and the sidewalk (or the street if there
11025069.1 - 366922 - 0021
104
is no sidewalk). Driveways may be used to
meet this requirement.
Parking
Required access from an alley if lot is served by
and
Prohibited within front setback (except in front
of garages).
Driveway
Refer to POMC 20.124.090
20.32.9W075 Fourplex.
11025069.1 - 366922 - 0021
105
Lot
Area (sq. ft.1
Set by District
A_
Width ft.
Set by District
B
Lot CoveraVe
Set by District
c
Unit Density
Set by District
Setbacks
Primary street
Set by District
D
Side street
Set by District
E
Side interior
Set by District
F
Rear
Set by District
G
Attached garage
Set by District
Build -to -Zone (BTZ�
Building facade in primary street
Set by District
Building facade in side street
Set by District
rve%m OF,
...
11025069.1 - 366922 - 0021
106
RWM- - - -- -- - -- - - - - -
�aw.A,k,KWJMuMl�.Ti�i�w
(62) Height and Form.
NA
Hem
Principal Building
35 ft.
A
Accessory Building
Set by district
B
Accessory Dwelling Unit (Backyard Cottagel
Set by district
B
Ground floor elevation
12 in. min
C
Building
Elements and Standards
Element
Applicability
Standard
Exceptions
Covered Entry
Required: Porch, or
Porch: Refer to POMC 20.122.060
Recessed entry: Where a common entry is
recessed entry.
provided to all units within the building a
porch shall be provided. Otherwise, each
dwelling entry shall be provided with
minimum weather protection of at least
three (3) feet by three (3) feet.
Windows and
doors
Reauired
A minimum of 10% of the area of a street-
Facades separated
facing facade elevation shall include
windows and/or doors.
from the street by
a dwelling or
located more than
100 feet from a
street are exempt
from this standard.
11025069.1 - 366922 - 0021
107
Blank wall
treatment
Required
Blank walls shall not be permitted on street -
facing facades
Access and Parkine
Pedestrian Access
Primary Entry: One entry required at primary
street.
Additional Entries: Allowed from street. side
street. side yard or rear yard.
Access: A concrete, asphalt, or equivalent
pedestrian connection at least three feet wide
is required between each middle housine
building and the sidewalk (or the street if there
is no sidewalk). Driveways may be used to
meet this requirement.
Parkin
Required access from an alley if lot is served by
an alley.
Prohibited within front setback (except in front
of earaees).
Driveway
Refer to POMC 20.124.090
20.32.080 Fiveplex.
11025069.1 - 366922 - 0021
108
(1) Lot and Placement.
Lot
Area (sq. ft.)
Set by District
A
Width ft.
Set by District
B
Lot Coverage
Set by District
c
Unit Density
Set by District
11025069.1 - 366922 - 0021
109
Setbacks
Primary street
Set by District
D
Side street
Set by District
E
Side interior
Set by District
F
Rear
Set by District
G
Attached garage
Set by District
Build -to -Zone (BTZ�
Building facade in primary street
Set by District
Building facade in side street
Set by District
Height
Principal Building
35 ft.
A
Accessory Building
Set by district
B
Accessory Dwelling Unit (Backyard Cottage_l
Set by district
B
Ground floor elevation
12 in. min
C
Building
Elements and Standards
Element
Applicability
Standard
Exceptions
Covered Entry
Required: Porch, or
Porch: Refer to POMC 20.122.060
Recessed entry: Where a common entry is
recessed entry.
provided to all units within the building a
porch shall be provided. Otherwise, each
dwelling entry shall be provided with
minimum weather protection of at least
three (3) feet by three (3) feet.
Windows and
doors
Required
A minimum of 10% of the area of a street-
Facades separated
facing facade elevation shall include
windows and/or doors.
from the street by
a dwelling or
located more than
100 feet from a
11025069.1 - 366922 - 0021
110
street are exempt
from this standard.
Blank wall
treatment
Required
Blank walls shall not be permitted on street -
facing facades
Access and Parking
Pedestrian Access
Primary Entry: One entry required at primary
street.
Additional Entries: Allowed from street. side
street, side yard or rear yard.
Access: A concrete, asphalt, or equivalent
pedestrian connection at least three feet wide
is required between each middle housing
building and the sidewalk (or the street if there
is no sidewalk). Driveways may be used to
meet this requirement.
Parkin
Required access from an alley if lot is served by
an alley.
Prohibited within front setback (except in front
of garages).
Driveway
Refer to POMC 20.124.090
20.32.085 Six I x•
11025069.1 - 366922 - 0021
111
(1) Lot and Placement.
Lot
Area (sq. ft.)
Set by District
A
Width ft.
Set by District
B
Lot Coverage
Set b�,r District
c
Unit Density
Set by District
Setbacks
Primary street
Set by District
D
Side street
Set by District
E
Side interior
Set by District
F
Rear
Set by District
G
Attached garage
Set by District
Build -to -Zone (BTZ)
Building facade in primary street
Set by District
Building facade in side street
Set by District
11025069.1 - 366922 - 0021
112
(2) Height and Form.
D
� 0
Hem
Principal Building
35 ft.
A
Accessory Building
Set by district
B
Accessory Dwelling Unit (Backyard Cot tael
Set by district
B
Ground floor elevation
12 in. min
C
Building
Elements and Standards
Element
Applicability
Standard
Exceptions
Covered Entry
Required: Porch, or
Porch: Refer to POMC 20.122.060
Recessed entry: Where a common entry is
recessed entry.
provided to all units within the building a
porch shall be provided. Otherwise, each
dwelling entry shall be provided with
minimum weather protection of at least
three (3) feet by three (3) feet.
Windows and
doors
Reauired
A minimum of 10% of the area of a street-
Facades separated
facing facade elevation shall include
windows and/or doors.
from the street by
a dwelling or
located more than
100 feet from a
street are exempt
from this standard.
Blank wall
treatment
Reauired
Blank walls shall not be permitted on street -
facing facades
Access and Parking
Pedestrian Access
Primary Entry: One entry required at primary
street.
Additional Entries: Allowed from street, side
street. side yard or rear yard.
Access: A concrete, asphalt, or equivalent
pedestrian connection at least three feet wide
is required between each middle housing
11025069.1 - 366922 - 0021
113
building and the sidewalk (or the street if there
is no sidewalk). Driveways may be used to
meet this requirement.
Parking
Required access from an alley if lot is served by
and
Prohibited within front setback (except in front
of garages).
Driveway
Refer to POMC 20.124.090
20.32.090 Townhouse.
11025069.1 - 366922 - 0021
114
...
(31) Lot and Placement.
Lot
Areas . ft.1
Set by District
A
Width ft.
Set by District
B
Lot Coverage
Set by District
C
Unit Density
Set by District
Setbacks
Primary street
Set by District
D
Side street
Set by District
E
Side interior
Set by District
F
Rear
Set by District
G
Attached garage
Set by District
11025069.1 - 366922 - 0021
115
Build -to -Zone (BTZ�
Building fagade in primary street
Does not apply
Building fagade in side street
Does not apply
(62) Height and Form.
Height
Principal Building 135 ft. A
11025069.1 - 366922 - 0021
116
Accessory Building
Set by district
B
Accessory DweLling Unit Backyard Cottage)
Set by district
B
Ground floor elevation
12 in. min
C
Building
Elements and Standards
Element
Applicability
Standard
Exceptions
Covered Entry
Required: Porch, or
Porch: Refer to POMC 20.122.060
Recessed entry: Each dwelling unit shall
recessed entry.
feature a porch, or provide minimum
weather protection of at least three (3) feet
by three u feet.
Windows and
doors
Required
A minimum of 10% of the area of a street-
Facades separated
facing facade elevation shall include
windows and/or doors.
from the street by
a dwelling or
located more than
100 feet from a
street are exempt
from this standard.
Blank wall
treatment
Required
Blank walls shall not be permitted on street -
facing facades
Access and Parking
Pedestrian Access
Primary Entry: One entry required at primary
street.
Additional Entries: Allowed from street, side
street, side yard or rear yard.
Access: A concrete, asphalt, or equivalent
pedestrian connection at least three feet wide
is required between each middle housing
building and the sidewalk (or the street if there
is no sidewalk). Driveways may be used to
meet this requirement.
Pam
Required access from an alley if lot is served by
an alley.
11025069.1 - 366922 - 0021
117
Prohibited within front setback (except in front
of garages).
Driveway Refer to POMC 20.124.090
20.32.100 Apartment.
I� � �J [�1■.1.1.�7U�1 � lGl l� � � lUJ�1�1�1� A.A�.� 7�.AJ<r/ Y Iw oll
(31) Lot and Placement.
11025069.1 - 366922 - 0021
118
Lot
Area (sq. ft.1
Set by District
A_
Width ft.
Set by District
B
Lot Coverage
Set by District
C
Unit Density
Set by District
Setbacks
Primary street
Set by District
D
Side street
Set by District
E
Side interior
Set by District
F
Rear
Set by District
G
Attached garage
Set by District
Build -to -Zone (BTZI
Building fagade in primary street
Set by District
Buildingfagade in side street
Set by District
- - - - - - - - - - - - - - -- - -- -- - - -- - -- --
11025069.1 - 366922 - 0021
119
(62) Height and Form.
Height
Principal Building
Set by district
A
Accessory Building
Set by district
B
Ground floor elevation
12 in. min
C
Building
Elements and Standards
Element
Applicability
Standard
Covered Entry
Required
Refer to applicable block frontage standard in POMC
20.127 and standards in POMC 20.127.440
Transparency
Required
Refer to applicable block frontage standard in POMC
20.127.
Blank wall
treatment
Required
Refer to standards in POMC 20.127.460
Access and Parking
Pedestrian Access
Primary Entry: One entry required at primary
street.
Refer to standards in POMC 20.127.330
Pam
Refer to applicable block frontage standard in
POMC 20.127.
Prohibited within front setback (except in front
of garages).
Driveway
Refer to POMC 20. 127.340
20,32,105 Courtyard Apartment.
11025069.1 - 366922 - 0021
120
a
(1) Lot and Placement.
f into,
11025069.1 - 366922 - 0021
121
Lot
Area (sq. ft.1
Set by District
A_
Width ft.
Set by District
B
Lot Coverage
Set by District
c
Unit Density
Set by District
Setbacks
Primary street
Set by District
D
Side street
Set by District
E
Side interior
Set by District
F
Rear
Set by District
G
Attached garage
Set by District
Build -to -Zone (BTZ)
Building facade in primary street
Set by District
Building facade in side street
Set by District
(2) Height and Form.
11025069.1 - 366922 - 0021
122
Height
Principal Building
35 ft.
A
Accessory Building
Set by district
B
Accessory Dwelling Unit (Backyand Cottael
Set by district
B
Ground floor elevation
12 in. min
C
Building
Elements and Standards
Element
Applicability
Standard
Exceptions
Covered Entry
Required: Porch, or
Each ground -related courtyard apartment
recessed entry.
unit shall feature a covered pedestrian
entry. such as a porch or recessed entry,
with minimum weather protection of three
feet by three feet, facing the street or
common open space.
Windows and
doors
Required
A minimum of 10% of the area of a street-
Facades separated
facing facade elevation shall include
windows and/or doors.
from the street by
a dwelling or
located more than
100 feet from a
street are exempt
from this standard.
Blank wall
treatment
Required
Blank walls shall not be permitted on street -
facing facades or facades facing Common
Open Space
Courtyard Apartment Common Open Space
Common Open Space
At least one outdoor common open space is required
which satisfies the following standards:
(a) Common open space shall be bordered by dwelling
units on two or three sides.
b) Common open space shall be a minimum
dimension of 15 feet on any side.
c) Parking areas and vehicular areas do not qualify as
a common open space.
Access and Parking
Pedestrian Access
Primary Entry: One entry required at primary
street.
Additional Entries: Allowed from street, side
street, side yard or rear yard.
Access: A concrete, asphalt, or equivalent
pedestrian connection at least three feet wide
is required between each middle housing
building and the sidewalk (or the street if there
is no sidewalk). Driveways may be used to
meet this requirement.
11025069.1 - 366922 - 0021
123
Pam
Required access from an alley if lot is served by
an alley.
Prohibited within front setback (except in front
of tarages).
Driveway
Refer to POMC 20.124.090
20.32.107 Forecourt Apartment
(1) Lot and Placement.
Lot
Area (sic.. ft.1
Set by District
A_
Width ft.
Set by District
B
Lot Coverage
Set la District
c
Unit Density
Set by District
Setbacks
11025069.1 - 366922 - 0021
124
Primary street
Set by District
D
Side street
Set by District
E
Side interior
Set by District
F
Rear
Set by District
G
Attached garage
Set by District
Build -to -Zone (BTZ�
Building facade in primary street
Set by District
Building facade in side street
Set by District
(2) Height and Form.
1
Height
Principal Building
Set by district
A
Accessory Building
Set by district
B
Accessory Dwelling Unit (Backyard Cottage_l
Set by district
B
Ground floor elevation
No minimum reauired
C
Building
Elements and Standards
Element
Applicability
Standard
Exceptions
Covered Entry
Required: Porch, or
Each -ground -related forecourt aaartment
recessed entry.
unit shall feature a covered pedestrian
entry, such as a porch or recessed entry,
with minimum weather protection of three
feet by three feet, facing the street or
common open space.
Windows and
doors
Reauired
Refer to applicable block frontage standard
in POMC 20.127
Blank wall
treatment
Reauired
Blank walls shall not be permitted on street -
facing facades, facades facing a forecourt or
Common Open Space
Forecourt Apartment Common Open Space
11025069.1 - 366922 - 0021
125
Forecourt I Required: Refer to POMC 20.122.040
Access and Parking
Pedestrian Access
Primary Entry: One entry required at primary
street.
Additional Entries: Allowed from street side
street, side yard or rear yard.
Refer to standards in POMC 20.127.330
Park n *
Refer to applicable block frontage standard in
POMC 20.127.
Prohibited within front setback (except in front
of garages).
Driveway
Refer to POMC 20. 127.340
20.32.110 Live -work.
Vol
11025069.1 - 366922 - 0021
126
i
(1) Defin it ion. A btio Ed ing type th at a eeonmn-iodates three or 11101'e t1i'litS. Units a Rowfor
resadentoal and nonresidential tises in the same physical space. Units may be vertically or
horizontally mixed.
(31) Lot and Placement.
(a) Minimum site area: 4,000 square feet.
(b) Minimum site width: 55 feet.
(c) Minimum lot size: set by district.
(d) Minimum lot width: 16 feet minimum.
(e) Maximum lot coverage: set by district.
(f) Primary street setback: set by district.
(g) Side street setback: set by district.
(h) Side interior setback: set by district.
11025069.1 - 366922 - 0021
127
(62) Height and Form.
(a) Maximum building and structure height: three stories/35 feet.
(b) Minimum ground story height: 12 feet.
(c) Minimum ground floor elevation: two feet.
(d) Unit width: 15 feet minimum/30 feet maximum.
(e) Number of units permitted in a row: six.
(f) Minimum ground story transparency: 20 percent.
(g) Minimum upper story transparency: 20 percent.
(h) Maximum blank wall area: 35 feet.
(i) Pedestrian Access.
(i) Entrance facing primary street: required.
(j) Building Elements Allowed.
(i) Awning/Canopy. See POMC 20.122.020.
(ii) Balcony. See POMC 20.122.030.
11025069.1 - 366922 - 0021
128
(iii) Porch. See POMC 20.122.060.
(iv) Stoop. See POMC 20.122.070.
(k) Parking Location.
(i) Front/Corner Yard Restrictions.
(ii) Garage Door Restrictions. (Ord. 011-19 § 4 (Exh. 1)).
20.32.120 Shopfront house.
VA
�Y _ lk� L•
11025069.1 - 366922 - 0021
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(1) Defin iti on. A building type that typo e ally a cc ommodates ground ftoor retaii, office or
comitierciai uses with upper -story residentiai or office uses at a seale that Con1plen'lents
the existing residential character of the area.
>BPNIIJ.
(31) Lot and Placement.
(a) Minimum lot area: set by district.
(b) Minimum lot width: set by district.
(c) Maximum lot coverage: set by district.
(d) Primary street setback: set by district.
(e) Side street setback: set by district.
(f) Side interior setback: set by district.
(g) Rear setback: set by district.
.
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(62) Height and Form.
(a) Maximum principal building height: three stories/35 feet.
(b) Minimum ground story height: 10 feet.
(c) Maximum building length: 50 feet.
(d) Maximum building depth: 75 feet.
(e) Minimum ground story transparency: 40 percent.
(f) Minimum upper story transparency: 20 percent.
(g) Pedestrian Access.
(i) Entrance facing primary street: required.
(h) Building Elements Allowed.
(i) Awning/Canopy. See POMC 20.122.020.
(ii) Balcony. See POMC 20.122.030.
(iii) Porch. See POMC 20.122.060.
(iv) Stoop. See POMC 20.122.070.
(i) Parking Location.
(i) Front/corner yard restrictions: not allowed.
(ii) Garage Door Restrictions. (Ord. 011-19 § 4 (Exh. 1)).
11025069.1 - 366922 - 0021
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20.32.130 Single -story shopfront.
I�� �J[�1\ ■l�i1►79�1 � l�l l���lUJ�1�1�1� A�1 Y I�JtA�)<�J � A �1 Y lW1trJ Y l�
(31) Lot and Placement.
11025069.1 - 366922 - 0021
132
(a) Minimum lot area: set by district.
(b) Minimum lot width: set by district.
(c) Maximum lot coverage: set by district.
(d) Primary street setback: set by district.
(e) Side street setback: set by district.
(f) Side interior setback: set by district.
(g) Rear setback: set by district.
(52) Height and Form.
\ s �
(a) Maximum principal building height: one story/24 feet.
11025069.1 - 366922 - 0021
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(b) Minimum ground story height: 12 feet.
(c) Maximum building length: 150 feet.
(d) Ground Story Transparency.
(i) Ground story: 60 percent minimum.
(ii) Ground storywith building footprint 20,000 square feet or more: 30
percent minimum.
(e) Maximum Blank Wall Width.
(i) Building footprint less than 20,000 square feet: 25 feet maximum width.
(ii) Building footprint 20,000 square feet or more: 75 feet maximum width.
(f) Pedestrian access — Entrance facing primary street: required.
(g) Entrance Spacing along Primary Street.
(i) Seventy-five feet maximum.
(ii) Building footprint of 20,000 square feet or more: 125 feet maximum.
(h) Building Elements Allowed.
(i) Balcony. See POMC 20.122.030.
(ii) Forecourt. See POMC 20.122.040.
(iii) Gallery. See POMC 20.122.050.
(i) Parking Location.
(i) Front/corner yard restrictions: set by district. (Ord. 011-19 § 4 (Exh. 1)).
20.32.140 Mixed use shopfront.
11025069.1 - 366922 - 0021
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1 �J P7�•lRR►�p`I•l it Rl l`1`lK!M ■]rY ���l Y!M �J Y►�� II�«IY►�A�i
(31) Lot and Placement.
(a) Minimum lot area: set by district.
(b) Minimum lot width: set by district.
(c) Maximum lot coverage: set by district.
11025069.1 - 366922 - 0021
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(d) Primary street setback: set by district.
(e) Side street setback: set by district.
(f) Side interior setback: set by district.
(g) Rear setback: set by district.
(h) Build -to zone (BTZ) — Building facade in primary street BTZ: set by district.
(i) Build -to zone (BTZ) — Building facade in secondary street BTZ: set by district.
(4) Dwellings allowed per Lot: no limit.
(52) Height and Form.
(a) Maximum building and structure height: set by district.
(b) Minimum ground story height: 12 feet.
(c) Maximum building length: 120 feet.
(d) Minimum ground story transparency: 60 percent.
(e) Minimum upper story transparency: 20 percent.
(f) Blank wall area: 25 feet maximum.
(g) Pedestrian access — Entrance facing primary street: required.
(h) Entrance spacing along primary street: 75 feet maximum.
(i) Building Elements Allowed.
(i) Awning/Canopy. See POMC 20.122.020.
(ii) Forecourt. See POMC 20.122.040.
11025069.1 - 366922 - 0021
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(iii) Gallery. See POMC 20.122.050.
(j) Parking location: set by district. (Ord. 011-19 § 4 (Exh. 1)).
20.32.150 General building.
Mr US WAITI,
�i►:n.�zuria■.�z
(31) Lot and Placement.
11025069.1 - 366922 - 0021
137
(a) Minimum lot area: set by district.
(b) Minimum lot width: set by district.
(c) Maximum lot coverage: set by district.
(d) Primary street setback: set by district.
(e) Side street setback: set by district.
(f) Side interior setback: set by district.
(g) Rear setback: set by district.
(h) Build -to zone (BTZ) — Building facade in primary street BTZ: set by district.
(i) Build -to zone (BTZ) — Building facade in secondary street BTZ: set by district.
(52) Height and Form.
(a) Maximum building and structure height: set by district.
11025069.1 - 366922 - 0021
138
(b) Minimum ground story height: 10 feet.
(c) Maximum building length: 120 feet.
(d) Minimum ground story transparency: 40 percent.
(e) Minimum upper story transparency: 20 percent.
(f) Maximum blank wall area: 50 feet.
(g) Pedestrian access - Entrance facing primary street: required.
(h) Pedestrian access - Entrance spacing along primary street: 125 feet maximum.
(i) Building Elements Allowed.
(i) Awning/Canopy. See POMC 20.122.020.
(ii) Forecourt. See POMC 20.122.040.
(iii) Gallery. See POMC 20.122.050.
(tj) Parking location: set by district. (Ord. 011-19 § 4 (Exh. 1)).
20.32.160 Accessory building.
(1) Lot and Placement
Lot
Area (sq. ft.)
Set by District
A
Width ft.
Set by District
B
Lot Coverage
Set by District
C
Unit Density
Set by District
11025069.1 - 366922 - 0021
139
Side street
Set by District
E
Side interior
Set by District
F
Rear
Set by District
G
Building separation from buildings on same lot unit lot
10 feet minimum
Build -to -Zone (BTZ�
Building facade in primary street
Does not apply
Building facade in side street
Does not apply
(2) Height and Form
Height
Accessory Building
Set by district
B
Ground floor elevation
NM
Building
Elements and Standards
Element
Applicability
Standard
Exceptions
Covered Entry
Recommended:
Recessed entry: Each accessory building
entry should provide minimum weather
protection of at least three (3) feet by three
3 feet.
Windows and
doors
Required
A minimum of 10% of the area of a street-
Facades separated
facing facade elevation shall include
windows and/or doors.
from the street by
a dwelling or
located more than
100 feet from a
street are exempt
from this standard.
Blank wall
treatment
Not required
11025069.1 - 366922 - 0021
140
Access and Parking
Pedestrian Access
Not required
Parkin
Required access from an alley if exists.
Prohibited within front setback (except in front
of garages).
Driveway
Refer to POMC 20.124.090
11025069.1 - 366922 - 0021
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Exhibit E
11015361.1 - 366922 - 0021
142
Chapter 20.34
RESIDENTIAL DISTRICTS
Sections:
20.34.010 Residential 1 (111).
20.34.020 Residential 2 (112).
20.34.030 Residential 3 (R3).
20.34.040 Residential 4 (114).
20.34.050 Residential 5 (R5).
20.34.010 Residential 1 (R1).
(1) Intent. The R1 district is intended to accommodatesingle-family
sLow-density residential development.
R1 may be applied in
areas designated as residentiaL tLow Density Residential or resident,ai Medium in the Port
Orchard Comprehensive pt&nMan. Uses and building types that would
substantially interfere with the - low density residential nature of the district
are not allowed.
(2) Unit Density: Two(2) dwelling units per lot. Provided however when one unit is a
etached house. two ADUs are permitted in accordance with POMC 20.68.
(-23) Building Types Allowed. The allowed building types in the R1 zone are a�
foll-owsidentified in POMC20.32.015(1):
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(34) Lot Dimensions.DeveLopment Standards.
Dimninl Standards
Lots that do not take vehicle
Lots that take vehicle access
access from an alley
from an alley
A. Minimum Lot Area
6.000 square feet
5.000 square feet
B Minimum Lot Width
50 feet
50 feet
t
Principal BuRding(s), Parent
Lot. and Backyard Cottage
Accessory Buildings
D Primar sv treat
10 feet minimum*
40 feet minimum
E. Side street
Five (5) feet minimum
10 feet minimum
F. Side interior
Five (5) feet minimum
Five (5) feet minimum
G. Rear
10 feet minimum
Three (3) feet minimum. Two
(2) feet minimum where
abutting an alley
Primary street, garage door
20 feet minimum
N/A
* Unless POMC 20.40.020 provides additional relief.
11015361.1 - 366922 - 0021
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C. Maximum 500
woll000 -:■: - --
11015361.1 - 366922 - 0021
145
;. . -_ -_-
■ ■. :. i ■:� ■ ..MV . . .. imalII
. IM■_ ■A7 I I-- ■■..■■.■■
. :, ■ ■!0 1_ I.. ■■..■■.■■
I103361.1-366922-0021
146
(Ord. 037-22 § 3; Ord. 056-19 § 9; Ord. 011-19 § 4 (Exh. 1)).
20.34.020 Residential 2 (R2).
(1) Intent. The R2 district is primarily intended to accommodate detached houses, duplex,
and townhouse development. .
The R2 may be applied in areas designated
Medium Ddensity Residential in the Port Orchard Comprehensive Plan comprehensive
plan designation. Additional building types that are allowed include backyard cottage
house. -Uses that
would substantially interfere with the residential nature of the district are not allowed.
t2tUnit Density: Four (4) dwelling units per lot inclusive of Accessory Dwelling Units.
(2-3) Building Types Allowed. The allowed building types in the R2 zone are identified in
POMC 20.32.015(1).as#allows
11015361.1 - 366922 - 0021
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(34) Development Standards. .
11015361.1 - 366922 - 0021
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Minimum Lot Size by Buoiding
Type —
(A) Lots that take vehicuiar
access from
primary
street:
feet.(a)
5,000 square
(B) Lots that do not take vehicular
from aRey): 3,000 square
access
feet.
frR
street (iots with vehicuiar access
Cottage court (PONIC
20.32.040w):
1,200
square
feet.
side -by -side
.
back-to-back
.
11015361.1 - 366922 - 0021
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u.. Ems .0 1,
Setbacks
Principal Building(s), Parent
Accessory Bugs
Lot. and Accessory Dwelling
Units
D. Primary -street
10 feet
minimum*
40 feet
minimum
E. Side street
Five (5)
feet minimum
10 feet
minimum
F. Side interior
Five (5)
feet minimum**
Five (5)
feet minimum***
G—Rewr
10 feet
minimum
Three
(3) feet minimum. Two
11015361.1 - 366922 - 0021
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(2) feet minimum where
abutting an alley
Primarystreet, treet, garage door
20 feet minimum
N/A
** Except attached housing tyaaswith dwellings on individual fee sim 1p a lots such as
townhouses or attached houses which do not require a side interior setback.
*** Side interior setback may be reduced to zero feet within principaL building rear yard
where an opened alley abuts rear propertyline•
L
Building Height
Principal Buildings
Three (3) stories/35 feet maximum
11015361.1 - 366922 - 0021
151
Accessory
Dwelling
Units)
25 feet
maximum
Accessory
Buildings
18 feet
maximum
Prineipaibtiiiding {}
Accessory- 24 ft max {1�}
Struettire
(Ord. 037-22 § 4; Ord. 011-19 § 4 (Exh. 1)).
20.34.030 Residential 3 (R3).
(1) Intent. The R3 district is intended to accommodate a variety of residential options
Limited to three stories in height. The R3 zone may be applied in areas designated Medium
Density Residential in the Port Orchard Comprehensive F'Lanshotfid be applied in areas
designated as residential maditim density in the Port Orchard comprehensive p . Uses
that would substantially interfere with the residential nature of the district are not allowed.
(2) Unit Density
lot.
(a) Detached Houses and/or Middle Housing: Maximum of six (6) dwelling units per
(b) Apartments: No maximum.
(23) Building Types Allowed. The allowed building types in the R3 zone are identified in
POMC 20as aws:
11015361.1 - 366922 - 0021
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X
R3 Building Types
(34) Development Standards' of Dimensk�rns.
Dimensional Standards
Lots that do not take vehicle
Lots that take vehicle access
access from an alley
from an alley
A. Minimum Lot Area
5.000 square feet
0 00 square feet
B. Minimum Lot Width
4D f t
30 feet
11015361.1 - 366922 - 0021
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(A) Lots that take vehicuiar access frorn prim a ry street
withthree
or more sad e-by-s ad e
-
.
(B) Lots that take vehicular access from primary street
parking stalls - ,
with two
side -by -side enciosed
(6) Lots that take v-thietiiar aceess froni pilniary street
with orie
side -by -side enciosed
parking staii -
-
.
(D) Lots that do not take vehicuiar access frF=. street
2,400 square feet.
(iots
with access from aRey):
�A�1■1\r!{�iiPll�lr�1 Y►�14■A■1�■L'1■Il�w4■Pr1� ■ . _ _ _
WisiilHIL'IlR-1 LiiAW�LIP i-SLUMA U►W»■A.��an�■i • ■ • - i • : _ _ _
lVl='AIL'YWwirM:QiioirM:vr-A • : I L-mm_ _
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• . .
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!t•\I.\�rllllIliiil \rWIY►R74■A.1�71■1�I!!•NA■1■ W w ■ , _ _ _
11015361.1 - 366922 - 0021
154
}
Lot Coverage
C. Maximum 80%
11015361.1 - 366922 - 0021
155
Setbacks
Pdn-c1pal Buildin s). Parent
Accessory Buildings
Lot. and Accessory DWelliM
Units
D. Primary street
10 feet minimum*
40 feet minimum
E. Side street
Five (5) feet minimum
10 feet minimum
F. Side interior
Five (5) feet minimum**
Five (5) feet minimum***
R r
10 feet minimum
Three (3) feet minimum. Two
(2) feet minimum where
abutting an alley
Primary street, garage door
20 feet minimum
N/A
* Unless POMC 20.40.020 provides additional relief.
** Except attached housing types with dwellings on individual fee simple lots such as
townhouses or attached houses which do not require a side interior setback.
*** Side interior setback may be reduced to zero feet within principaL building rear yard
where an opened alley abuts rear property lv ine.
11015361.1 - 366922 - 0021
156
2
r J;Epp/ -
xY �
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.
11015361.1 - 366922 - 0021
157
��R��rzii���iu :►Ri :�i tawii�r. ■:�
(Ord. 037-22 § 5; Ord. 011-19 § 4 (Exh. 1)).
20.34.040 Residential 4 (R4).
(1) Intent. The R4 district is intended to accommodate a variety of multifamily residential
options at heights of 45 feet or less. The R4 zone may be applied in areas designated High
Density Residential in the Port Orchard Comprehensive Plan. Uses that would substantially
interfere with the residential nature of the district are not allowed.
(2) Unit Density:
(a) Middle Housing: Maximum of six (6) dwelling units per lot.
(b)Apartments: No maximum.
34Building Types Allowed. The allowed building types in the R4 zone are identified in
POMC 20.32.015(1)as follows:
(a) Cottage court (POW3 20.32.040).
11015361.1 - 366922 - 0021
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(34) Lot Development Standards.
from an=aft
M.
111
u:a .0 ROOM R I
n�R�is�ei:�R�nM■m&w.Y►iwwwww.r.,wiLg j. gr&ZgM1!l�l i ri.tii
W��Hr��.��M�l�\r�.Y►�1�•R�l��.q�Il�l.A.1.1.L.7� .: _ _ _
11015361.1 - 366922 - 0021
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Lot Coverage
C. Maximum 80%
Setbacks
Principal Building(s), Parent
Accessory Buildings
Lot
D. Primar sv treet
10 feet minimum*/25 feet
40 feet minimum
maximum
E. Side street
Five (5) feet minimum/25
10 feet minimum
feet maximum
F. Side interior
Five (5) feet minimum**
Five (5) feet minimum***
G. Rear
10 feet minimum, or four(4)
Three (3) feet minimum. Two
feet minimum where
abutting an alley
(2) feet minimum where
abutting an alley
Primary street, garage door
20 feet minimum
N/A
* Unless POMC 20.40.020 provides additional relief.
** Except attached housing types with dwellings on individual fee simple lots such as
townhouses or attached houses which do not require a side interior setback.
*** Side interior setback may be reduced to zero feet within principal building rear yard
where an opened alley abuts rear roper line.
11015361.1 - 366922 - 0021
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(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 minimurn (except attached housing types with dwellings on
G nd*voduai iots such as townhouses which do not require a side interior setback).
(d) Rear: 10 feet minimum (four feet minimum where abutting an aRey)-.
(6) Accessory Structure Setback&. -
(a) Primary street: 40 feet minimum.
(c) Side interior. five feet minimum. &de interior setback may be reduced to zero feet wffithi,n,-
prinewpal btii1ding rear yard where an operied alley abuts rear property hi'le.
(d) Rear: three feet ITIii'lil'iltili-i (rear setbaek for an aeeessol'y StitlettlFe abutting an alley rnay
be reduced to two fee*.
(e) Fire separation as specified in the buiiding code imay be reqLlfi-ed for aeeessorr
b utld i ngs
BuiLd-to Z n BTZ
Minimum BTZ (percent of lot width)
H. Building facade in primary, s� 60 percent minimum
I. Building facade in side street 30 percent minimum
(b) BuRding facade in side street: 30 pereent ifflinimum BTZ (pareent of iot width).
11015361.1 - 366922 - 0021
161
(a) All buildings and structures: four stories/45 feet maxi
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.
11015361.1 - 366922 - 0021
162
(Ord. 037-22 § 6; Ord. 011-19 § 4 (Exh. 1)).
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. The R5 zone may be applied in areas designated High
Density Residential in the Port Orchard Comprehensive Plan. Uses that would substantially
interfere with the residential nature of the district are not allowed.
(2)- Unit Density:
WjDetaouses: Not permitted.
(b) Middle Housing: No maximum.
(c)Multifamily Housing: No maximum.
tUBuilding Types Allowed. The allowed building types in the R5 zone are identified in
POMC 20.32.015(1).�s
R5 BuildingTypes
11015361.1 - 366922 - 0021
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(34)=-Development Standards' -} ^:.r. _�:___
Dimensional Standards
Lots that do not take vehicle
Lots that take vehicle access
access from an alley
from an alley
A. Minimum Lot Area
5,000 square feet
uare feet
B. Minimum Lot Width
NIA
NIA
VAR.ur.[{�R�l�[���r�1Y►v�.�1�+�Ca��e�w�a.�zi ■ : - - -
(A) Lots that take vehicular access frorn primary street: 30 feet.
(iv) Apartment: 80 fee+.-
11015361.1 - 366922 - 0021
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Setbacks
Principal B-uilding(s), and
Accessory Buildings
Parent Lot
D. Primarystreet treet
10 feet minimum*/25 feet
40 feet minimum
maximum
E. Side street
5 feet minimum/25 feet
10 feet minimum
maximum
F. Side interior
Five (5) feet minimum**
Five (5) feet minimum***
G. Rear
10 feet minimum, or four (4)
Three (3) feet minimum- Two
feet minimum where
abutting an allev
(2) feet minimum where
abutting an alley
Primarystreet, treet, garage door
20 feet minimum
NIA
** Except attached housing types with dwellings on individual fee simple lots such as
townhouses or attached houses which do not require a side interior setback.
*** Side interior setback may, be reduced to zero feet within principal building rear yard
where an opened alley abuts rear property lv ine.
11015361.1 - 366922 - 0021
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H. Buildingfacade in primary street 60 percent minimum
I. Building facade in side street 30 percent minimum
i
(b) BuRding facade side street- 30 percent minimum BTZ (percent of iot vvidth).
I
l �
11015361.1 - 366922 - 0021
166
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.
i
- -- -- - - - - - - --- - -----
-- - ------ - - -- - -- -- - - - --
------------ - -- ----- -- --
- -- ----- -- - - -- -- -- - - - - -
- ----- - --- ----- -- -- --- - ----
-- ---- ----- ----- - - -- --- --- -- -
-_ I-M -- - R -
-- _ -- --
:
-- - - - - -- - - --- - - -
:
-- ----- ---- -- - -
11015361.1 - 366922 - 0021
167
(3) Lot Dil I It -,I loiul 10.
11015361.1 - 366922 - 0021
168
(a) Minimum Lot Size by Bumiding TyM.
.
side -by -side
.
back-to-back
square feet.
(v) Attached house (POMC 20.32.007,O)e 2,500
11015361.1 - 366922 - 0021
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11015361.1 - 366922 - 0021
170
lyRWiiO NAIMI=r, :r,�l�ri
11015361.1 - 366922 - 0021
171
Exhibit F
172
Chapter 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 MODbuildingtv. 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 architectural variety.
20.38.300
Ruby Creek overlay district boundary.
20.38.305
Purpose.
20.38.310
Applicabilit)t
20.38.315
Conflicts.
20.38.320
Land use.
20.38.330
Building height.
Downtown -hHeight eOverla(Ddistrict ($HOD).
20.38.600
173
20.38.610 DHOD 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 applicability.
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.
174
Figure 20.38.200 — The MVOD Boundary
MTV Of PORT OROHARD
Mxoe..mick weup. o—isy Casa
w.mn..—.
Wm0 V rU6+
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.
175
(1) No new building may be erected within the MVOD except in conformance with this
section.
(2) Building Types. Building types only as listed bel:o in POMC 20.38.225(3), and as
described in POMC _^." n20.32, shall be permitted within the MVOD. Additionl
required Buildings shall comply with the development standards described in the
particuLar b type description in POMC 20.32, but shall rely on the
Development Standards-a-nd dimensional standardswithin POMC 20.38.230 regardless of
zoning designation u_'___ otherwise noted. Buildings shall comply with the MVOD design
standards as established in POMC 20.3$.2$5127 and POMC 20.139 as applicable to the
building type. BuildLM-aft l shall comply with architectural variation requirements in
(3) MVOD Building Type Zoning Matrix Key.
(a) Permitted Building Type (P). Indicates a building type is permitted in the zoning
designation.
(b) Building Type Not Permitted (--). Indicates a building type is not permitted in the
zoning designation.
Building Types
Zoning Designation
Residential 3
Neighborhood
Mixed Use
Commercial Mixed
Use
Detached House
P
P
--
Backyard Cottage
P
P
--
Carriage House
P
P
P
tt
H in
P
P
--
Duplex. -
P
P
--
Attached ' Stacked Flat
P
P
--
Townhouse
P
P
P
Tr l x
F
--
176
Building Types
Zoning Designation
Residential 3
Neighborhood
Mixed Use
Commercial Mixed
Use
Fourplex
P
P
--
Fiveplex
-
Ip
--
ix l x
P
--
Apartment
P lip
P
Forecourt Apartment
P
Ip
P
Court av rd Apartment
P
--
Live -Work
--
P
P
Single -Story Shopfront
--
--
P
Mixed -Use Shopfront
--
--
P
_�AAccessory Building
P
P
P
20.38.230 MVOD building type standar Development Standards by District.
(1) Lot and Placement
y
Lot Area
Residential
C
177
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
Residential
Neighborhood
Mixed Use
Commercial
Mixed Use
Primary street
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/alley
5 ft min/0 ft
aft min/0 ft
5 ft min/0 ft
Sz
Accessory BuRding SetbacAPINPOP
Residential3
Neighborhood
fixed Use
Commercial
Mixed Use
Primary street
Behind the front
Behind the front
Behind the front
D
wall of the
principal
building
wall of the
principal building
wall of the
principal
buildin
Side street
5 ft. min.
5 ft. min
5 ft. min
E
Side interior
aft --min
aft min
a ft. min
F
Rear/alley
5 ft. min., 0 ft.
from alley
5 ft. min., 0 ft.
from alley
5 ft. min., Oft.
from alley
G
B it in
Separation
10 ft. min.
10 ft. min.
10 ft. min.
(2) Height and Form
178
I
MOM
Vivo
Set by building
type. Refer to
-.
PrincipaL
Set by building
-.type Refer to
Set by buiLdingtype.
Refer to PO C
Accessory
Set by buiLding
Set by buiLding type.
Set building
(3) Build to Zone
179
20.38.235 MVOD detached accessory dwelling units.
Repealed by Ord. 038-22.
20.38.240 MVOD building elements.
(1) Where required by building types, building elements shall be provided consistent with
the requirements provided in POMC 20.122.
supplement POME) 20.36.230 and ensure that certain building eiefflents, when added to a
street -facing facade, are of sufficient size to be both usable and funetionaL and b-e
arehiteettiraRy compatibie with the building they are attached to. The proposed bdRding
shaR incorporate at ieast one of the aLlowed buiLding eiements provided an the specific
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I I
J �i
EEE
1
F-1 r—I
- - - -- -- - - --- --- - - - - -- -
- - .. -- -
180
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0 0 Ll
(ii) A balcony ititist have a eiear height above the sidevvaik of at ieast nine
feet.
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181
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Ell
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Eu
T
Ull
A forecourt i'must be no itiore th a m one-h a if of the vv dth of the btl*Ld*ng
face, and *n no case more than 45 feet *n vv,dth.
(ii) The depth of the forecourt may exceed the generaL vMth. A forecourt may
be no more than 45 feet On depth-.
A maximum of one forecourt is permitted per Lot.
A foreeourt meeting the abc)— —q—, — i ionts is considered part of the
buiLding for the purpose of measuring the buiLd-te) zoner.-
(v) A forecourt shaK be improved te) meet th - . . requiremen
pedestrian -oriented space as described in POMC 20.127,350(4).
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182
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183
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 reside-nitiaLdetached houses tme-s shall be provided vehicular access via an alley or
private access tract. Residential driveways shall not be permitted via primary streets.
184
(3) Middle housing building types maybe accessed via a primary street sub*ect to the
requirements of ROM-C-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
185
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
ffbedoom
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)
Per bed
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.
186
(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.
187
Table 20.38.280— Measuring Tree Canopy
Existing Canopy
New Canopy f
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 = F1r2
Canopy area (CA) = nr2
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:
188
(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:
189
(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)AppHcabiLity.Thisseetion haR appLBuilding 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 this 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.
190
--- -- - - - ---
-- --- - -- - -
-- - -- - -- -
- -- --
---
MEW I
aill"Imu
w
-- -- - -- -- --
-- - - - -- -- ---
-- - -- ---
-- - --
-- -- -----
- - --- -- -----
- -- -- --
- -- -- ---
--- -- - -
- --- -
- -- -- - --
-- - -- -- ---- -
- -- ---- - --
- - - -
----- - - -
--- -- - ----- - --
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--- ----- ----
--- -- - -----
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01
--- - -- -- -- - ---- - -- - --
---.
- - - -- - -- -- - - NoW-111.
. -- IN . - - - -
-..�,
11 Oil,
(a) The calcuLation for determining compimance with the eight percent window area
Total Mndow Area (Sum of the individuai areas of aR windows on the street -facing
facade)
Total Facade Area (The totaL surfaCe area of the streat-facing facade)
Wandow Area Percentage m (Totai window area/totai facade area) * 1
(b) The facade is measured from the base of the house to the start of the rooftime
and any other vertical walis faeing the street, except for gabled portions of the
facade not containing Livable floor area.
(c) All build D ngs with street -facing facades shaLL include Window trim and details t
conforni to one of the following standards.
Trim Width. Window trom shati have a m,nornurn width of three and one-half,
inches, measured frorn the edge of the window frame tc) the outer edge of the
t mr
191
- - - - --
---
- -- -- - --- -- - - - --- -- -- ---- - -
--- - --- -
- -
- - - - -- - -- -- - - ----- - -- - -- - --- - ---
not j
-- --- -- ----- ----- ----- --- --
----- - - -- -- - --- -- -- - ----- - - --
--- ---- --
-- -
- - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
20.38.290 MOD architectural variety.
(1) Purpose. The purpose of this section is to ensure architecturaIva riety in developments
by accommodating various architectural styles, design elements, and facade elevations for
certain building types. Buildings constructed in the MOD shall complywith the
architectural variety requirements of POMC 20.139.035., as described in PONIC25.
192
-- -- -- - - --- - -- -- -- - -- ---
-
-- --
-- - - - -
- ----- - - -- - - ---- -- -- - ---- - - - -- ----- - - - ---
-- - - - - --- - -- - -- -- - - - - -- -----
rld
193
3. Eleven to 14 building of five different facade
eievafioms shall be tised-.
eievafions shall be tised-.
- - - - - - - --- --- ---- -- - - -- - - -
- - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - -
_ - -- - --• -- -= -- - _ --
._-
• i ,i i i ter.
(A) Different window openings (location
and design).
and design.
(B) One- and two-story buildings.
(C) Different exterior materials and finishes.
(D) Different garage Location, configuration,
(E) Other different design element that
helps to distinguish one facade
by the director.
elevation fronn another as determined
Building heights in the Ruby ereek overlay district shall not exceed 55 feet (five Stories)
exeept when height bontises are granted On accordance with 6hapter 20.41 POPIC.
20.38.600 Height overiay-OverL district District ($HOD).
A downtown Hei htsveAy-Overlavdi,-,�Qistrict (SHOD) is hereby established
with boundaries as shown on Figure 20.38.640 (1)(a)-Height Overlay District Maafigure1.
20.38.610 SHOD intent.
The intent of the downtown H-height SOverlay dDistrict ($HOD) is to establish uniform
regulations for building
height in designated
areas to implement adopted
subarea 1p ans,
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
The provisions of the
ensuring compatibility
HOD are intended to
with surrounding land uses.
balance development opportunities
with the
protection of scenic views, access to light,
and the preservation of
property values. The
194
community.HOD establishes specific height measurement methods that account for variat
tor)ographm where ar)DIfficable. These regulations are intended to ensure that new
development contributes positiveLy to the overall health, safety, and welfare of the
implementThe HOD aoulies to the followine, desienated Centers: Downtown Port Orchard Countywide
Center. Bethel -Lund Countvwide Center. Sedywick-BetheL CountMide Center. and
Sedgweck-Sednem (Rubm Creek Neighborhood) Countywide Center, downtown subarea plan, protect —, — v—vvs on north facing slopes in the vicinity of
Sinclair 'Met and downtown, proteet property - -- provide ------ to light,ensure that
the scaie of development in downtown Port Orehard does not negfitiveiY inlpaet the
lustorwe - - - - - oft i I- - ; ill - till u.-1 - 61 ■ti■•.•.. — J:.;,■- and
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) DHOD Height Zones Established. Within the DHOD as shown on the zoning map, there
are three different DHOD height zones with height limits established as follows:
(a) DHOD 3: 48 feet - three stories.
(b) OHOD 4: 58 feet - four stories.
(c) OHOD 5: 68 feet - five stories.
(2) DHOD Height Bonus.
(a) Within the Downtown Port Orchard Countywide Center. Aa 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
195
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 Chapter 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
196
1 W 5
i�V,
ORCHARD.
City of Pon Drr7lartl
Height Over ay
'. 5
I'4 I
F r,
Fig... la
,r• ate: _ � r.
rl ,3
1�fYLN I�
[ 1
4*M
"
���
'L,� j7_'
Height Overlay District
9 t
- i Hops
- s- l.!
HIM -5
731-7`...'..-_`
o e
a.1 o.z as os o
Figure 20-38.640 (1)(a1-Height Overlay District Map
99
+CHARD.
_ City of Port Orchard
_ Height Overlay
" Districts
1b
L
- - - - Height Overlay District
-
U-t- oate Y Cin, � . xxxz4
-
_ I
Figure 20.38.640 (1 )(bl-Height Overlay District Map: Downtown Port Orchard Countywide
Center
197
- ---Fit
ORCHARD.
y
- - -
- - -
city of Port Orchard
Height Overlay
_
r j
DistrlCts
Figure 1c
el
- -
Height Overlay District
- HOD-3
—
,t�'-
HOD -0
r�
_
_
-
_
ar pAlnenca XXX-24
E
000zaa5 0+ D.+s 0.2
Figure 20-38.640 (1(cl-Height Overlay District Map: Bethel -Lund Countywide Center
City of Port Orchard
Height Overlay
- — — — ,i
Figure Id
Height Overlay District
Hooa
F j_
rary fin Dale f 0Fd CB xxx-s4
00.02P.EOd5 009 0-135 D,16
Figure 20.38.640 (1 )(dl-Height Overlay District Map: Sedgwick-Bethel Countywide Center
198
Figure 20.38.640 (1 (e)-Height Overlay District Map. Sedgwick-Sidney (Rub Creek
reek
Neighborhood) Countvwide Center
20.38.650 DHOD 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 SHOD variances.
Property owners may seek variances from the building height standards imposed under the
OHOD pursuant to Chapter 20.28 POMC, Variances.
199
20.38.670 DHOD map amendments.
Property owners seeking to modify the boundaries of the $HOD or the DHOD Height Zone
Map in POMC Figure 20.38.640 (1) may do so by a site -specific
rezone pursuant to Chapter 20.42 POMC, Site -Specific Rezones.
200
Exhibit G
11015364.1 -
201
Chapter 20.39
USE PROVISIONS
Sections:
Article I. Use Classifications and Table
20.39.010 Use classification.
20.39.020 Establishment of uses.
20.39.030 Use table key.
20.39.040 Use table.
Article II. Residential Uses
20.39.100 Household living.
20.39.110 Group living.
20.39.120 Social services.
20.39.122 Secured high risk social service facilities.
Article III. Public and Civic Uses
20.39.200 Animal shelter.
20.39.210 Transit bus base (includes school bus bases
20.39.220 Transit park -and -ride lot.
20.39.230 Transfer station.
20.39.240 Civic uses.
20.39.250 Parks and open space.
20.39.260 Utilities.
20.39.270 Wireless telecommunication facilities.
Article IV. Commercial Uses
20.39.300 Automobile service station.
20.39.305 Day care facility
20.39.310 Conference center.
11015364.1 -
202
20.39.315
Indoor recreation.
20.39.320
Commercial entertainment.
20.39.325
Medical uses.
20.39.335
Office uses.
20.39.340
Outdoor recreation.
20.39.345
Overnight lodging.
20.39.350
Parking.
20.39.355
Personal services.
20.39.360
Animal care (indoor).
20.39.365
Animal care (outdoor
20.39.370
Restaurant.
20.39.375
Retail sales.
20.39.380
Business services.
20.39.385
Marina.
20.39.390
Fuel station.
Article V. Industrial
Uses
20.39.400
Heavy industrial uses.
20.39.410
Light manufacturing.
20.39.420
Research and development.
20.39.430
Resource extraction.
20.39.440 Vehicle service and repair.
20.39.450 Warehouse, storage and distribution.
20.39.460 Self storage (mini warehouse).
20.39.470 Storage yard.
20.39.480 Waste -related services.
Article VI. Agricultural Uses
11015364.1 -
203
20.39.500
Agriculture.
Article VII. Accessory Uses
20.39.600
Accessory dwelling units.
20.39.610
Drive -through facility.
20.39.615
Home occupation.
20.39.620
Home business.
20.39.625 Livestock keeping.
20.39.630 Outdoor display.
20.39.635 Outdoor storage.
20.39.640 Indoor self -storage as accessory use to apartment buildings.
20.39.645 Vehicle service and repair accessory to residential uses.
20.39.650 Medical marijuana cooperatives.
20.39.660 Residential yard, garage, and estate sales.
20.39.670 Charitable auctions and rummage and jumble sales in residential zones.
Article I. Use Classifications and Table
20.39.010 Use classification.
(1) Classification of Uses.
(a) Organization of Use Tables. The use table in POMC 20.39.040 is organized into
principal uses and accessory uses.
(b) Principal Uses.
(i) In order to regulate a variety of similar uses, use categories have been
established for principal uses. Use categories provide a systematic basis for
assigning uses to appropriate categories with other, similar uses. Use categories
classify principal uses and activities based on common functional, product, or
physical characteristics.
(ii) Where a use category contains a list of included uses, the list is to be
considered example uses, and not all-inclusive. The director has the responsibility
for categorizing all uses.
11015364.1 -
204
(iii) The allowed use table in POMC 20.39.040 establishes permitted uses by
district. No building or lot may be used except for a purpose permitted in the district
in which it is located.
(iv) Use definitions and standards for permitted principal uses are specified
beginning in POMC 20.39.100.
(v) More than one principal use may be established on a property or in a
structure.
(c) Accessory Uses.
(i) An accessory use is any use that is subordinate in both purpose and size,
incidental to and customarily associated with a permitted principal use located on
the same lot.
(ii) The allowed use table in POMC 20.39.040 establishes permitted
accessory uses by district.
(d) Temporary Uses. A temporary use is a use that is in place for a limited period of
time only. All uses shall be treated as permanent principal or accessory uses except where
temporary uses are specifically authorized in code such as in the Temporary Uses (Chapter
20.58 POMC), Street Use Permits (Chapter 12.24 POMC), Special Events (Chapter 5.94
POMC), or Fireworks (Chapter 5.60 POMC) chapters.
(e) Principal Uses Not Listed.
(i) A principal use not specifically listed is prohibited unless the director
determines the use to be part of the use category as described in this chapter.
(ii) The director is responsible for categorizing all principal uses. If a proposed
use is not listed in a use category, but is similar to a listed use, the director may
consider the proposed use as part of that category. When determining whether a
proposed use is similar to a listed use, the director must consider the criteria in
subsection (1)(f) of this section. Determinations whether a proposed principal use is
a similar use may be made using the process found in Chapter 20.10 POMC. The
director shall determine whether a code interpretation for a proposed principal use
shall require a code interpretation pursuant to Chapter 20.10 POMC.
(iii) Where a principal use not listed is found by the director not to be similar
to any other use category, the use is only permitted following a code amendment
(see Chapter 20.06 POMC).
(f) Criteria for Determining Whether a Proposed Use Is a Similar Use.
11015364.1 -
205
(i) The actual or projected characteristics of the proposed use;
(ii) The relative amount of site area or floor area and equipment devoted to
the proposed use;
(iii) Relative amounts of sales;
(iv) Relative number of employees;
(v) Hours of operation;
(vi) Building and site arrangement;
(vii) Types of vehicles used and their parking requirements;
(viii) The number of vehicle trips generated;
(ix) How the proposed use is advertised;
(x) The likely impact on surrounding properties; and
(xi) Whether the activity is likely to be found independent of the other
activities on the site.
(g) Accessory Uses Not Listed.
(i) An accessory use not listed is prohibited unless the director determines
that the accessory use meets the criteria listed in subsection (1)(h) of this section.
(ii) Determinations whether a proposed accessory use is a similar use may
be made using the process found in subsection (1)(f) of this section. The director
shall determine whether a code interpretation for a proposed accessory use shall
require a code interpretation pursuant to Chapter 20.10 POMC.
(iii) Where an accessory use not listed is found by the director not to be
similar to any other use category, the use is only permitted following a code
amendment (see Chapter 20.06 POMC).
(h) Criteria for Determining Whether a Proposed Accessory Use May Be Permitted.
The accessory use may be permitted when the director determines the proposed
accessory use:
(i) Is clearly incidental to and customarily found in connection with an
allowed principal use;
(ii) Is subordinate to and serving an allowed principal use;
11015364.1 -
206
(iii) Is subordinate in area, extent, and purpose to the principal use served;
(iv) Contributes to the comfort, convenience or needs of the occupants,
business or industry in the principal use served; and
(v) Is located on the same lot as the principal use served.
20.39.020 Establishment of uses.
The use of a property is defined by the activity for which the building or lot is intended,
designed, occupied, or maintained. All applicable requirements of this title, or other
applicable state or federal requirements, shall govern a use located within the Port Orchard
incorporated area.
20.39.030 Use table key.
(1) Permitted Use (P). Indicates a use is permitted in the respective zoning district. The use
is also subject to all other applicable requirements of this code.
(2) Conditional Use (C). Indicates a use may be permitted in the respective zoning district
only after a conditional use permit has been issued per Chapter 20.50 POMC. Conditional
uses are subject to all other applicable requirements of this title, including any applicable
use standards, except where the use standards are expressly modified in the conditional
use permit.
(3) Use Not Permitted (--). Indicates that a use is not permitted in the respective zoning
district.
11015364.1 -
20%
20.39.040 Use table.
(Gray shading separates categories into residential, commercial and industrial, and civic/parks)
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
FFcm
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
Residential Uses
All household living,
as listed below:
Single-family
P
P
P
--
--
P
P
--
--
--
P
--
--
--
--
--
--
--
--
20.39.100
detached (including
new manufactured
homes)
Designated
--
--
P
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
20.39.100
manufactured home,
manufactured or
mobile home (except
for new designated
manufactured
homes)
New designated
P
P
--
20.39.100
manufactured home
1E]EILE
Accessory Dwelling
P
P
Unit
IIFIF
r.68
411.1
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
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--
II
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Single-family
P
P
--
--
--
P
P
--
--
--
P
--
--
--
--
--
--
--
--
20.39.100
attached (2 units)
P
Single-family
-
P
P
P
P
--
P
P
P
P
P
P
P
--
P
--
-
20.39.100
attached (3
i
units)
Single-family
attached (4 units)
Single-family
--
--
P
P
P
--
P
P
P
P
P
P
P
--
P
--
--
--
--
-- 120.39.100
attached (5-o-r-6
units)
Single-family
attached (6 units)LLI
Jul
U]JI
Multifamily (3 or —1
Uff }
P
P
P
=
=
P
P
P
=
=
LLL20*39.100
Multifamily (5 or
--
--
P
P
P
=
--
P
P
P
P
P
P
P
--
P
--
--
--
--
--
20.39.100
more units)
Manufactured or
--
--
--
--
--
=
--
--
--
--
--
--
--
--
--
--
-
--
--
--
20.39.100
mobile home park
411'7
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
Boarding house
-- ��—
��—
��C
��C
--
-- ��C
--
--
P ��C
--
--
--
--
--
--
--
--
Congregate living
--
C
C
C
C
--
--
C
--
--
P
C
--
--
--
--
--
--
--
facilities
Indoor emergency
--
--
--
--
--
--
--
C
C
C
--
--
C
C
--
--
--
--
--
--
housing
Indoor emergency
shelter
--
--
--
--
--
--
--
C
C
C
--
--
C
C
--
--
--
--
--
--
Permanent
supportive housing
C
C
C
C
C
C
C
C
C
C
C
C
C
L--
LLLIL
Transitional housing
F]C
C
C
C
E
C ��C
��C
C
C
F
C
F9FF--
F
FF
FF
Lodging house
--
-- ��C
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NC
V—
[-
-- ��C
--
--
P ��C
--
--
[-1-1—
--
--
--
Group home (up to 8
residents), except as
P
P
P
P
P
P
P
P
--
--
--
P
--
--
--
--
--
--
--
--
20.39.100
follows:
Adult family home
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P
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20.39.100
All group living (9 or
more residents)
--
--
--
C
C
--
P
C
P
C
LP
P
--
--
LLL
--
--
20.39.110
210
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
Social services
--
--
--
--
--
--
--
--
--
--
--
P
P
P
P
P
--
--
--
--
20.39.120
facilities
Secured high risk
--
--
--
--
--
--
--
--
--
--
--
--
C
C
C
C
--
--
--
--
20.39.122
social services
facilities
Public Uses
All civic uses, as
listed below:
Community college,
--
--
--
--
--
—
--
--
--
--
--
--
P
P
P
P
P
--
--
--
--
20.39.240
university, trade or
technical school
(8,000 square feet or
less)
LL--L--LILLLLL
Community college,
--
--
----
--
--
--
--
--
--
--
--
--
--
--
C
C
C
--
C
--
C
20.39.240
university, trade or
technical school
(more than 8,000
square feet)
Club or lodge
-- I�
P
--
P
P
P
IP
�I--
20.39.240
211
Use Category
Specific
Public use
�I�117P
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Museum, library
�P
�P
�P
�P
�P
F
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20.39.240
center
Lot
Transfer station
ILLLF7397-727737707
Transit bus base
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- -
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- -
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ALL open space and
park uses, as Listed
Cemetery
20.39.250
Golf course
Er
FF
C
F
FF
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20.39.250
Park, recreation field
P
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P
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212
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
All utilities, as listed
below:
Minor utilities
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
20.39.260
Major utilities
--
--
--
--
--
--
--
--
--
--
--
--
--
P
P
P
P
P
--
P
�20.39.260
Wireless
telecommunication
facilities, as listed
below:
Amateur radio
P
P
P
--
--
=
P
--
--
--
--
--
--
20.39.270
operator tower
LIL
L
L
LLLL
Small cell wireless
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
20.39.270
telecommunication
facility
Wireless
C
C
C
C
C
E
--
C
C
C
C
C
C
C
C
C
CC
C
--
C
20.39.270
telecommunication
tower (excludes
small cell facilities)
Commercial Uses
LIL
LIL
LLLLIL
213
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
All day care, as listed
below:
Family day care (6
--
P
--
--
--
--
--
P
--
--
--
--
--
--
--
--
20.39.305
children or fewer)
LP
LL
Group day care (mini
C
C
C
--
--
@
C
C
P
P
P
--
--
--
--
--
--
--
20.39.305
day care) (7 to 12)
Day care center (13
--
--
--
--
--
--
C
C
C
--
P
C
P
P
--
--
--
--
--
--
20.39.305
or more)
All indoor recreation,
-
C
P
C
P
--
P
P
--
--
--
--
C
--
except as listed
below:
Shooting range
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LIL
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Special event facility
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Commercial
--
--
--
--
--
=
--
--
--
P
P
P
P
P
P
P
--
--
--
--
--
entertainment,
except as follows:
Adult entertainment
--
--
--
--
--
--
L---TL
LL
20 39 320
214
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
All outdoor
--
--
--
--
--
--
--
C
C
C
P
--
P
P
--
--
--
--
C
C
recreation, except as
listed below:
Campground, travel
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
C
C
20.39.340
trailer park, RV park
(does not include
mobile home park)
Horse stable, riding
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
C
C
20.39.340
academy, equestrian
center
Shooting range
--
--
C
20.39.340
Marina (upland
--
--
--
--
--
------
--
C
C
--
C
C
areas)
E
Ell
120.39.385
All overnight lodging,
as listed below:
J
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Level 1: Vacation
P
P
P
P
P
P
P
P
P
P
P
P
--
--
--
--
--
--
--
--
20.39.345
rentals or similar
short-term
house/room rentals
215
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
Level2: Bed and
C
C
C
--
--
C
--
P
--
--
--
P
--
--
--
--
--
--
--
--
20.39.345
breakfast (up to 7
rooms)
Level 3: Motel
--
--
--
--
--
--
--
--
--
--
--
--
P
P
--
--
-- ,
20.39.345
Level4: Hotel
--
--
--
--
-
--
--
--
P
P
P
--
P
P
--
--
20.39.345
All medical, except
--
--
--
--
--
--
--
C
C
P
P
P
P
P
--
--
--
--
P
as listed below:
LI
Hospital
--
--
--
--
--
--
--
--
--
--
--
-- ��C
IC
IC��C[-[-
-
-- ��20.39.325
All office, except as
--
--
--
--
--
=
--
C
C
P
P
P
P
P
P
P
--
--
--
--
--
listed below:
Bail bonds
--
--
--
--
N--
�—
N--
--
--
C
C
C ��C
��P
P
--
--
20.39.335
Surface parking:
--
--
--
--
--
--
--
--
C
C
P
P
P
P
P
P
--
P
--
C
20.39.350
commercial parking,
commuter lease
parking or park and
ride, remote parking
Commercial parking
--
--
--
--
--
—
--
--
--
P
P
20.39.350
garage - standalone
IcTLc
L
LLLII
216
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
Electric vehicle
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
charging stations
All personal service,
C
C
P
C
P
P
P
P
C
--
--
--
--
--
except as listed
below:
Funeral home
--
--
--
--
-
--
--
--
P
--
P
P
P
P
-
-
--
--
20.39.355
Crematorium
L
--
--
--
--
--
--
--
--
--
--
-- ��P
P
P
P
P
P
FT--F39-
355
Animal shelter or
C
20.39.230
adoption center
ILLL—_�--
Ll
Indoor animal care
I
-
�
P--
20.39.360
Outdoor animal care
--
--
--
--
N--
�—
N--
--
--
--
--
--
-- ��C
C �HIC[-
--
--
20.39.365
Business services
LILL—L—L-LL
LILLPLPLI
P
P
IP
P
�LIC
E[20.39.380
Conference center
1TFFFFFF----
�C
C
C
F]TTF[7�C
20.39.310
All restaurants
--
--
--
--
--
--
P
P
P
P
P
P
P
P
--
--
--
--
--
--
except as listed
below:
Food truck
]]]p
P
P
P
P❑P
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0
217
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
All retail sales, as
listed below:
Retail establishment
--
--
--
--
--
--
P
P
P
P
P
P
P
P
P
--
--
P
--
--
20.39.375
(up to 5,000 gross
floor area)
Retail establishment
--
--
--
--
--
--
--
--
P
P
P
--
P
P
P
--
--
--
--
--
20.39.375
(5,001 - 15,000 gross
floor area)
Retail establishment
--
--
--
--
--
--
--
--
--
--
P
--
P
P
P
--
--
--
--
--
20.39.375
(15,001 - 50,000
gross floor area)
Retail establishment
--
--
--
--
--
--
--
--
--
--
--
--
C
P
P
--
--
--
--
--
20.39.375
(over 50,000 gross
floor area)
Fireworks sales in
--
--
--
--
--
--
--
--
--
--
--
--
--
P
P
--
--
--
--
--
accordance with
Chapter 5.60 POMC
Recreational
--
--
--
--
--
--
--
--
P
P
--
20.64; 20.39.375
marijuana sales
LIL
L--
L--
LLL
218
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
Convenience store
--
--
--
--
--
--
--
--
--
--
--
--
--
C
--
--
--
--
--
-- ,
20.39.375
with fuel pumps
Convenience store
--
--
--
--
--
--
--
C
C
C
--
--
P
P
P
--
--
--
--
--
20.39.375
without fuel pumps
Fuel station,
--
--
--
--
--
--
--
--
--
--
--
--
C
--
P
--
--
--
--
including fuel pumps
and fuel sales,
without convenience
store
Automobile service
--
--
--
--
--
--
--
--
P
station
L
LIL
LILI
LJ
LLLLn
All vehicle and
tool/construction
equipment sales and
rental, as listed
below:
Light vehicle and
--
--
--
--
--
--
--
--
--
--
--
--
--
P
P
P
--
--
--
--
20.39.375
light tool or
construction
47
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
equipment sales and
rental
Heavy vehicle and
--
--
--
--
--
--
--
--
--
--
--
--
--
P
P
P
P
--
--
--
20,39,375
heavy tool or
construction
equipment sales and
rental
All vehicle service
and repair, as listed
below:
Car wash
I�---�—��
I--
--
--
P
P
I
LLELF-39-440
Vehicle service and
--
--
--
--
--
--
--
--
--
--
--
--
P
P
P
P
--
--
--
--
20.39.440
repair, minor
Vehicle service and
--
--
--
--
--
--
--
--
--
--
--
--
--
P
PPP
--
--
-- ,
20.39.440
repair, major
Vehicle service and
--
--
--
--
--
--
--
--
--
--
--
--
--
--
P
P
P
--
--
--
20.39.440
repair, commercial
vehicle
Industrial Uses
ULLLU
L�
��
L]
I
Ll
LLLEE
220
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
All heavy industrial
-- ��—
��—
-
-
--
--
--
--
--
--
--
--
--
--
P
--
--
--
20.39.400
All light
--
--
--
--
--
--
--
--
--
--
--
--
--
--
P
P
P
--
--
--
manufacturing,
except as listed
below:
Commercial laundry,
-
--
--
--
--
--
--
--
P
P
P
--
--
--
20.39.410
dry cleaning or
carpet cleaning
facility
Brewery, distillery
--
--
--
--
--
--
--
--
--
P
P
--
--
P
under 5,000 square
feet
Brewery, distillery
--
--
--
--
--
--
--
--
--
C
C
--
C
P
P
--
--
--
--
--
5,001—15,000
square feet
Brewery, distillery
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
P
P
--
--
--
over 15,000 square
feet
Craft shop
P
P
�P
P
P
--
P
IP
PIP
IP
I--
20.39.410
221
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
Food and beverage
--
--
--
--
--
--
P
P
P
P
P
--
P
P
P
P
P
--
--
--
20.39.410
processing, boutique
(area used for
processing less than
3,000 square feet)
Food and beverage
--
--
--
--
--
--
--
--
--
--
--
--
--
P
P
P
P
--
--
--
20.39.410
processing,
industrial
Recreational
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
P
P
--
--
--
20.64; 20.39.410
marijuana
production
All research and
--
--
--
---
--
--
--
--
--
--
--
P
P
P
P
--
--
--
20.39.420
development
El
1
Resource extraction
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
C
--
--
--
20.39.430
— mining, dredging,
raw mineral
processing, except:
Timber harvesting in
--
-
--
--
--
-
--
--
--
--
-
--
--
--
--
--
--
the absence of
LIEL
222
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
concurrent
development
Sand and gravel
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
C
C
--
--
--
mining
Stockpiling of sand,
--
--
--
--
--
--
C
P
--
--
P 120.39.430
gravel or other
aggregate materials
Sheet metal,
--
--
--
--
--
C
P
P
P
--
--
P 120.39.410
welding, machine
shop, tool and
equipment
manufacturing,
vehicle painting
facility
LLLI
All warehouse,
--
--
--
--
--
=
--
--
--
--
--
--
--
C
C
C
Cc
--
--
--
storage and
distribution, as listed
below:
Enclosed storage
--
--
--
--
--
-
--
--
--
--
--
--
--
--
P
PPP
P
--
--
20.39.450
223
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
Self-service storage,
--
--
--
--
--
--
--
--
C
--
--
--
C
C
C
--
--
--
--
--
20.39.460
mini -warehouse
Storage yard
-
-
--
--
--
--
--
IC��C
P
P
--
--
P
20.39.470
All waste -related
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
C
--
--
P
20.39.480
service, including
wastewater
treatment facilities,
decant facilities and
recycling centers
Agricultural Uses
All agriculture, as
listed below:
IT
FIFF
Agricultural
--
--
--
--
--
--
--
--
--
--
--
--
--
--
C
P
P
--
--
--
20.39.500
processing,
excluding marijuana
processing
LLLI
Community garden
P
1P
P
P
�P
F__
P
FF
r]rl
20.39.500
Nursery
EL-LLL
P
--
--
--
--
LL
LPLLTLLLfl
20.39.500
Winery
[]-
FF
[
=
C
--
--
C
C
�--
�__
rfrFF
17
20.39.500
224
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
Accessory Uses
Accessory uses not
otherwise listed
below, as
determined by the
administrator:
Accessory dwelling
units, as listed
below:
Accessory
P
P
P
--
--
P
--
--
--
--
--
P
--
--
--
--
--
--
--
--
20.39.600, 20.68
apartment (attached
dwelling)
Backyard cottage
P
P
P
--
--
P
--
--
--
--
--
P
--
--
--
--
--
--
--
--
20.39.600
dwelling
Drive -through facility
I�-JLL
c
LIL
Home occupation
rp]P
I P
P
P
P
P
P
P
�--
nn20.39.615
Home business
P
P
P
--
--
P
P
--
--
--
--
--
P
--
--
--
--
--
--
--
--
20.39.620
Livestock keeping
P
IPLP[
___P
--
LLILLL
=
LLL--
e
20.39.625
225
Use Category
Specific Use
R1
R2
R3
R4
R5
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Definition/Standards
Outdoor display
-
-
-
-
-
-
--
--
P
P
P
P
P
P
PPP
-
-
20.39.630
Outdoor storage as
listed below:
Low -impact
--
--
--
--
--
--
--
--
--
--
--
-- ��P
P
P
P
P
--
--
20.39.635
High -impact
--
--
--
--
--
—
--
--
--
--
--
--
--
--
-- ��P
��P
��P
--
--
--
20.39.635
Self -storage as
--
--
--
P
P
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
f0.39.640
accessory use to
apartment building
Vehicle service and
P
P
--
--
--
-P
P
--
--
--
--
--
--
P
P
--
--
--
--
--
--
20.39.645
repair, accessory to a
residential use
Ing
Park as accessory
P
P
P
P
P
P
--
P
P
P
P
P
P
--
--
--
----
--
--
--
use to residential
development
Medical marijuana
P
P
P
P
P
P
P
P
P
P
P
P
P
P
--
--
--
--
20.39.100
cooperative
np
120.64;
Key: P = Permitted Use C = Conditional Use -- = Use Not
Permitted
226
(Ord. 059-21 § 7; Ord. 044-21 § 3; Ord. 043-21 § 3; Ord. 030-21 § 10 (Exh. 4); Ord. 037-19 § 2 (Att. 1); Ord. 021-19 § 2 (Att. 1);
Ord. 011-19 § 4 (Exh. 1)).
227
Article II. Residential Uses
20.39.100 Household living.
(1) Defined. Residential occupancy of a dwelling unit by a household. Household living
includes the following:
(a) Single-family detached (including a new manufactured home);
(b) Two -fa rilyAccessory Dwelling Unit;
(c) Multifamily;
(d) Designated manufactured home, manufactured home or mobile home
(excluding a new designated manufactured home);
(e) New designated manufactured home;
(f) Manufactured or mobile home park;
(g) Group home; aftd
(h) Adult family home;.. and
(i) Middle Housing.
(2) Single -Family Detached. One dwelling unit in a single principal structure; may also
contain an accessory dwelling unit(s) consistent with the requirements of POMC 20.68 in
an attached accessory apartment or a backyard cottage. A new manufactured home shall
be treated as a single-family detached home for the purposes of this chapter.
(3) Two -Family. Two dwelling units in a single principal structure.
(4) Single -Family Attached. Two or more dwelling units where each unit is attached,
includes middle housing buildin types at the unit densities prescribed in POMC 20.34 and
the applicable building type in POMC 20.32.015. vertieai�y by a common side waii. Units
cannot be verticaLly mixed.
(5) Multifamily. Three -Five or more dwelling units in a single principal structure that do not
meet the definition of single-family attached, above. Whera As part of a mixed -use
building. multifamily is allowed as a Limited use and located as described in the specific
building type, it . A lobby or other
entrance is allowed on the ground floor.
(6) Designated Manufactured Home, Manufactured Home or Mobile Home. Designated
manufactured homes, manufactured homes or mobile homes (excluding new designated
11015364.1 -
228
manufactured homes) shall only be permitted within an existing manufactured or mobile
home park.
(7) Medical Marijuana Cooperative.
(8) Manufactured or Mobile Home Park. A cluster of manufactured or mobile homes
configured such that more than one mobile home is located on a lot, parcel, or tract. A
manufactured or mobile home park typically features land or unsubdivided lots leased or
rented by the manufactured home owner. New manufactured or mobile home parks are not
permitted in the city. Existing manufactured or mobile home parks may be maintained
insofar as the individual homes within a manufactured or mobile home park may be
swapped out, but the number of manufactured homes in the manufactured home park may
not be increased.
(9) Group Home.
(a) A dwelling unit containing up to eight unrelated persons who are mentally or
physically impaired who are protected under the Fair Housing Act, along with support or
supervisory personnel or family members who may reside at the facility.
(b) The term mental or physical impairment includes conditions such as blindness,
hearing impairment, mobility impairment, HIV infection, mental retardation, alcoholism,
drug addiction, chronic fatigue, learning disability, head injury, and mental illness.
(c) Current users of illegal controlled substances, persons convicted for illegal
manufacture or distribution of a controlled substance, sex offenders, and juvenile
offenders are not considered mentally or physically impaired under the Fair Housing Act.
(d) The Fair Housing Act affords no protections to individuals with or without
disabilities who present a direct threat to the persons or property of others. Determining
whether someone poses such a direct threat must be made on an individualized basis,
however, and cannot be based on general assumptions or speculation about the nature of
a disability.
(10) Adult Family Home. A dwelling, licensed by the state of Washington, in which a person
or persons provide personal care, special care, room and board to more than one but not
more than six adults who are not related by blood or marriage to the person or persons
providing the service.
20.39.110 Group living.
(1) Defined. Residential occupancy of a structure by nine or more people that does not
meet the definition of household living. Generally, group living facilities have a common
11015364.1 -
229
eating area for residents, and residents may receive care or training. Group living includes
the following:
(a) Assisted living facility;
(b) Boarding house, rooming house, or lodging house;
(c) Congregate care facility;
(d) Dormitory;
(e) Hospice;
(f) Monastery or convent;
(g) Nursing or care home;
(h) Independent living facility; and
(i) Skilled nursing care facility.
20.39.120 Social services.
Defined. Afacility that provides treatment for persons not protected under the Fair Housing
Act or who present a direct threat to the persons or property of others. Includes persons
convicted for illegal manufacture or distribution of a controlled substance, sex offenders,
and juvenile offenders. Also includes facilities that provide transient housing related to
post -incarceration and social service programs. Does not include facilities serving persons
who have been civilly committed as sexually violent predators (SVPs) and conditionally
released to a less restrictive alternative (LRA) in accordance with Chapter 71.09 RCW. Such
facilities are addressed in POMC 20.39.122 (Secured high risk social service facilities).
20.39.122 Secured high risk social service facilities.
Secured high risk social service facilities are facilities serving one or more persons civilly
committed as sexuallyviolent predators (SVPs) and conditionally released to a less
restrictive alternative (LRA) in accordance with Chapter 71.09 RCW. An LRA is a facility that
provides court -ordered supervision, security, and sex offender treatment services.
(1) Secured high risk social services facilities shall only be permitted in zones where
permitted as a conditional use in the land use table in this chapter.
(2) Where indicated as a conditional use in the use table, POMC 20.39.040, a secured high
risk social services facility is required to obtain a conditional use permit per Chapter 20.50
POMC. In addition to the criteria for approval in POMC 20.50.050, the hearing examiner
must also make the following findings in order to issue the conditional use permit:
11015364.1 -
230
(a) The city shall hold a neighborhood meeting prior to a public hearing for the
proposed secured high risk social services facility. The project applicant shall cover all
meeting costs.
(b) The city shall provide community notification to all landowners within a half -mile
radius of the proposed secured high risk social services facility at least two weeks prior to a
neighborhood meeting. The project applicant shall cover all community notification costs.
(c) The secured high risk social services facility shall not be located adjacent to,
immediately across a street or parking lot from, or within the line of sight of a risk potential
activity or facility in existence at the time the secured high risk social services facility is
established.
(i) "Within the line of sight" means that it is possible to reasonably visually
distinguish and recognize individuals.
(ii) "Risk potential activities and facilities" means an activity or facility that
provides a higher incidence of risk to the public from persons conditionally released
to an LRA. Risk potential activities and facilities include: public and private schools,
school bus stops, licensed day care and licensed preschool facilities, domestic
violence shelters, public parks, publicly dedicated trails, sports fields, playgrounds,
recreational and community centers, churches, synagogues, temples, mosques,
public libraries, public and private youth camps, and others identified during a
public hearing. For the purposes of this section, "school bus stops" does not
include bus stops established primarily for public transit.
(d) The secured high risk social services facility shall not be located in a community
protection zone as defined in RCW 9.94A.030(6).
(i) Distance shall be measured from all property lines of the social services
facility and from all property lines of the facilities and grounds of a public or private
school.
(e) The secured high risk social services facility shall meet the applicable health
district standards for water and sewage disposal to account for staff and residents.
(f) Principal access to the secured high risk social services facility shall be from a
city -maintained right-of-way.
(g) If a person's liberty is restricted or a person is not capable of self-preservation
without physical assistance, the secured high risk social services facility shall be equipped
with an automated fire sprinkler system as required by the building code.
11015364.1 -
231
(h) If windows/doors are required to be secured, the secured high risk social
services facility shall have a system to automatically release locks, which shall be
interlocked with the fire protection system.
(i) The secured high risk social services facility shall have backup power sufficient to
energize the safety and security systems in the event of a power outage.
11015364.1 -
232
Article III. Public and Civic Uses
20.39.200 Animal shelter.
A facility for the temporary housing of abandoned, surrendered, sick or wounded domestic
or wild animals subject to licensing conditions by appropriate county and state officials.
20.39.210 Transit bus base (includes school bus bases).
A facility for the storage, dispatch, repair and maintenance of buses and other vehicles of a
public transit system.
20.39.220 Transit park -and -ride lot.
Vehicle parking specifically for the purpose of access to a public transit system.
20.39.230 Transfer station.
A staffed collection and transportation facility used by private individuals and route
collection vehicles to deposit solid waste collected off site into larger transfer vehicles for
transport to permanent disposal sites. May also include recycling facilities involving
collection or processing for shipment.
20.39.240 Civic uses.
(1) Defined. Places of public assembly that provide ongoing governmental, life safety,
educational, and cultural services to the general public, as well as meeting areas for
religious practice. Civic uses include the following:
(a) Community college or university;
(b) Club or lodge;
(c) Museum or library;
(d) Place of worship;
(e) Public use;
(f) Trade or technical school;
(g) Schools (K-12); and
(h) Jail or detention center.
(2) Community College or University. A facility of higher education having authority to
award associate and higher degrees.
11015364.1 -
233
(3) Club or Lodge. A facility used for associations or organizations of an educational,
fraternal, or social character, not operated or maintained for profit. Representative
organizations include but are not limited to Elks, VFW, Lions, and Rotary.
(4) Museum or Library. A facility having public significance by reason of its architecture or
former use or occupancy, or a building serving as a repository for a collection of books,
natural, scientific, literary curiosities or objects of interest, or works of art, and arranged,
intended, and designed to be viewed by members of the public, with or without an
admission fee.
(5) Place of Worship. A facility that by design and construction is primarily intended for
conducting organized religious services.
(6) Public Use. Any building, structure, or use owned and operated by the federal
government, state, county, the city, port, utility district, or other municipality, or any
authority, agency, board, or commission of the above governments that is necessary to
serve a public purpose, including but not limited to government administrative buildings;
post offices; police, fire and EMS stations; public health facilities; public works facilities;
community centers; and jails and correctional facilities.
(7) Trade or Technical School. A facility having a curriculum devoted primarily to industry,
trade, or other vocational -technical instruction.
(8) Schools (K-12). A facility for students in grades pre -kindergarten through grade 12.
(9) Jail or Detention Center. A facility operated by a governmental agency that is designed,
staffed, and used for the incarceration of persons for the purpose of punishment,
correction, and rehabilitation following conviction of an offense.
20.39.250 Parks and open space.
(1) Defined. Uses focusing on natural areas consisting mostly of vegetation, passive or
active outdoor recreation areas, and having few structures. "Parks and open space"
includes the following:
(a) Golf Course. A golf course is a public or private recreational facility that contains
a golf course, and may contain ancillary facilities such as a driving range, pro shop, storage
and maintenance buildings, clubhouse, meeting rooms and restaurant.
(b) Cemetery. Land or structures used for burial or internment of the dead. For
purposes of this code, pet cemeteries are considered a subclassification of this use.
(c) Park, Recreation Field. An area used for outdoor play or recreation, often
containing recreational equipment such as slides, swings, climbing frames, ballfields,
11015364.1 -
234
soccer fields, basketball courts, swimming pools, and tennis courts. May include passive
and active recreation.
20.39.260 Utilities.
(1) Defined. Public or private infrastructure serving a limited area with no on -site personnel
(minor utility) or serving the general community with on -site personnel (major utility).
Utilities includes the following:
(a) Minor utilities, including on -site stormwater retention or detention facility,
neighborhood serving telephone exchange/switching center, gas/electric/telephone/cable
transmission lines, water and wastewater pump station or lift station, gas gates, reservoir,
control structure, drainage well, water supply, water well.
(b) Major utilities, including aeration facility, electrical substation, electric or gas
generation plant, filter bed, transmission towers, waste treatment plant, water pumping
facility, water tower or tank.
20.39.270 Wireless telecommunication facilities.
(1) "Wireless telecommunication facility" and "wireless communication facility" both
mean a facility for the provision of radio waves or wireless telephone or data services and
include the following:
(a) "Amateur radio operator tower" means a facility used for personal,
noncommercial radio licensed by the Federal Communications Commission.
(b) "Small wireless facility" is a facility that meets the definition contained in POMC
20.72.030.
(c) "Wireless telecommunication tower" means any mast, pole, monopole, lattice
tower or other structure designed and primarily used to support antennas as further
defined in POMC 20.70.200(1) and 20.72.030.
(2) Small wireless telecommunication facilities shall be installed in accordance with the
city's adopted Public Works and Engineering Standards and Specifications (PWESS) and
shall meet the requirements of Chapter 20.72 POMC.
(3) Wireless communication facilities, other than small wireless facilities, shall be installed
in accordance with the requirements of Chapter 20.70 POMC.
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Article IV. Commercial Uses
20.39.300 Automobile service station.
(1) Defined. Any building, and the lot on which it is located, that is used for the sale of
gasoline or other motor fuels, oils, lubricants, and for the minor servicing of motor vehicles.
Automobile service stations are primarily engaged in selling gasoline and lubricating oils;
frequently selling other merchandise, such as tires, batteries, and other automobile parts,
or performing minor repair work. An automobile service station may be a principal use that
is combined with other activities, such as grocery stores, convenience stores, or car
washes.
20.39.305 Day care facility.
(1) Defined. A facility providing care and supervision for compensation during part of a 24-
hour day, for a child/adult or children/adults not related by blood, marriage, or legal
guardianship to the person or persons providing the care, in a place other than the
child's/adult's or children's/adults' own home or homes. Day care facilities include the
following:
(a) Family day care home (six or fewer children/adults).
(b) Mini day care center (seven to 12 children/adults).
(c) Day care center (13 or more children/adults).
(2) Family Day Care Home. A facility in which regular care is provided during part of the 24-
hour day to six or fewer children/adults in the family abode of the person or persons under
whose direct care the children/adults are placed.
(3) Mini Day Care Center. A facility in which regular care is provided during part of the 24-
hour day to 12 or fewer children/adults in a facility other than the family abode of the
person or persons under whose direct care the children/adults are placed, or for the care of
seven to 12 children/adults in the family abode of such person or persons.
(4) Day Care Center. A facility in which regular care is provided for 13 or more
children/adults during part of the 24-hour day.
20.39.310 Conference center.
(1) Defined. An establishment developed primarily as a meeting facility, which may include
facilities for recreation, events, seminars, and related activities.
20.39.315 Indoor recreation.
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(1) Defined. A commercial facility providing daily or regularly scheduled recreation -oriented
activities in an indoor setting. Indoor recreation includes the following:
(a) Amusement center, game/video arcade;
(b) Assembly hall, auditorium, meeting hall;
(c) Billiard hall, pool hall;
(d) Bowling alley;
(e) Dance, martial arts, music studio or classroom,
(f) Extreme sports facility such as BMX, skateboarding or roller blading;
(g) Gym, health spa or yoga studio;
(h) Ice or roller skating rink;
(i) Indoor sports facility;
(j) Inflatable playground, indoor trampolines;
(k) Miniature golf facility;
(l) Motor track;
(m) Movie theater or other indoor theater;
(n) Shooting range; and
(o) Special event facility.
(2) Dance, Martial Arts, Music Studio or Classroom. A facility that offers or provides
instruction to more than two students at a time in dance, singing, music, painting,
sculpting, fine arts or martial arts.
(3) Gym, Health Spa, Yoga Studio. A facility that, for profit or gain, provides as one of its
primary purposes, services or facilities which assist patrons to improve their physical
condition or appearance. Not included within this definition are facilities operated by
nonprofit organizations, facilities wholly owned and operated by a licensed physician at
which such physician is engaged in the practice of medicine, or any establishment
operated by a health care facility.
(4) Shooting Range. A facility with an enclosed firing range with targets for archery, rifle or
handgun practice.
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(5) Special Event Facility. A facility or assembly hall available for lease by private parties or
special events, such as weddings.
20.39.320 Commercial entertainment.
(1) Adult Entertainment — Defined. An enterprise whose predominant emphasis is involved
in the selling, renting or presenting for commercial purposes of adult entertainment
merchandise including books, magazines, motion pictures, films, video cassettes, or cable
television for observation by patrons therein. Examples of such establishments include,
but are not limited to, adult book or video stores and establishments offering panoramas,
or peep shows. "Predominant emphasis" means 50 percent or more of gross revenue
generated or total volume of shelf space and display area, whichever is more restrictive.
20.39.325 Medical uses.
(1) Defined. A facility providing medical or surgical care to patients. Some facilities may
offer overnight care. Medical uses include the following:
(a) Ambulatory surgical center;
(b) Blood or plasma donation center, medical or dental laboratory;
(c) Hospital. A facility providing health services primarily for the sick or injured, and
offering inpatient medical and/or surgical care;
(d) Medical, dental office or chiropractor, osteopath, physician, medical
practitioner;
(e) Medical clinic; and
(f) Urgent care, emergency medical office.
20.39.335 Office uses.
(1) Defined. A facility used for activities conducted in an office setting and generally
focusing on business, professional or financial services. Office uses include the following:
(a) Services including, but not limited to, advertising, business management
consulting, computer or data processing, graphic design, commercial art or
employment agency;
(b) Professional services including, but not limited to, lawyer, accountant, auditor,
bookkeeper, engineer, architect, sales office, travel agency, interior decorator or
security system services;
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(c) Financial services including, but not limited to, lender, investment or brokerage
house, bank, bail bonds, insurance adjuster, real estate or insurance agent,
mortgage agent or collection agency;
(d) Counseling in an office setting;
(e) Radio, TV station, recording studio;
(f) Bail Bonds. A facility with a bail bond agent, or bondsman, that provides surety
and pledges money or property as bail for the appearance of persons accused in
court; and
(g) Call Center. A facility used for the purpose of receiving or transmitting a large
volume of telephone calls.
20.39.340 Outdoor recreation.
(1) Defined. A commercial facility, varying in size, providing daily or regularly scheduled
recreation -oriented activities. Activities take place predominately outdoors or within
outdoor structures. Outdoor recreation includes the following.
(a) Drive-in theater;
(b) Campground, travel trailer park, RV park;
(c) Extreme sports facility such as BMX, skateboarding or roller blading;
(d) Horse stable, riding academy, equestrian center;
(e) Outdoor amusements such as batting cage, golf driving range, amusement park,
miniature golf facility or water park;
(f) Outdoor theater; and
(g) Shooting range.
(2) Campground, Travel Trailer Park, RV Park. A facility used for two or more tent or
recreational vehicle campsites. Does not include sites for manufactured homes.
(3) Horse Stable, Riding Academy, Equestrian Center. A facility used primarily for the care,
breeding, boarding, rental, riding or training of horses or for the teaching of equestrian
skills. Where a horse stable, riding academy or equestrian center is allowed as a limited
use, no part of any building, structure or run in which animals are housed may be closer
than 50 feet from any property line, except property owned or occupied by an owner or
operator of the facility.
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(4) Shooting Range. A facility with an outdoor firing range with targets for archery, rifle or
handgun practice.
20.39.345 Overnight lodging.
(1) Defined. Accommodations arranged for short-term stays. Overnight lodging includes
the following:
(a) Level 1 Lodging (Vacation Rentals). A vacation rental is a self-contained dwelling
that may be rented by individuals or groups on a daily basis.
(b) Level 2 Lodging (Bed and Breakfast) (Up to Seven Rooms). A bed and breakfast is
an owner -occupied dwelling which offers no more than seven bedrooms for paying
guests on a daily basis.
(c) Level 3 Lodging (Motel). A motel is an establishment providing overnight
accommodations with a majority of all guest rooms having direct access to the
outside without the necessity of passing through the main lobby of the building, with
or without food services.
(d) Level Lodging (Hotel). A hotel is an establishment providing overnight
accommodations with a majority of all guest rooms having direct access through
the main lobby of the building, with or without food services.
20.39.350 Parking.
(1) Defined. A facility that provides parking as a principal use. Parking includes the
following:
(a) Commercial parking; and
(b) Remote parking.
(2) Commercial Parking. A facility that provides parking as a principal use and where a fee
is charged. A Type A or B buffer (see POMC 20.128.060) must be established along all lot
Lines abutting a ground floor residential use. All surface parking areas must be landscaped
in accordance with POMC 20.128.070.
(3) Remote Parking. A facility that provides parking as a principal use and where a fee is not
charged. Where remote parking is allowed as a limited use, it is subject to the following:
(a) The remote parking facility must be located within the same or more intense
zoning district as the principal use served;
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(b) A Type A or B buffer (see POMC 20.128.060) must be established along all lot
Lines abutting a ground floor residential use; and
(c) All surface parking areas must be landscaped in accordance with POMC
20.128.070.
20.39.355 Personal services.
(1) Defined. A facility involved in providing personal or repair services to the general public.
Personal services include, but are not limited to, the following:
(a) Beauty, hair or nail salon;
(b) Catering establishment;
(c) Cleaning establishment, dry-cleaning or laundry drop-off facility, Laundromat,
washeteria;
(d) Copy center, printing, binding, photocopying, blueprinting, mailing service;
(e) Funeral home, funeral parlor, mortuary, undertaking establishment,
crematorium;
(f) Landscaping services;
(g) Locksmith;
(h) Optometrist;
(i) Palmist, psychic, medium, fortunetelling;
(j) Repair of appliances, bicycles, canvas product, clocks, computers, jewelry,
musical instruments, office equipment, radios, shoes, televisions, watch or similar
items;
(k) Tailor, milliner or upholsterer;
([)Tattoo parlor or body piercing;
(m) Taxidermist;
(n) Tutoring;
(o) Wedding chapel; and
(p) Massage parlor.
20.39.360 Animal care (indoor).
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(1) Defined. A facility designed or arranged for the care of animals without any outdoor
activity. No outdoor activity associated with care of animals is allowed. Includes animal
grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter,
cattery, commercial kennel and doggy day care.
20.39.365 Animal care (outdoor).
(1) Defined. A facility designed or arranged for the care of animals that includes outdoor
activity. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal
boarding, animal shelter, cattery, commercial kennel and doggy day care. Where outdoor
animal care is allowed as a limited use, it is subject to the following:
(a) All outdoor exercise areas and runs must be fenced for the safe confinement of
animals;
(b) A Type A or B buffer (see POMC 20.128.060) must be established along any
outside areas used to exercise, walk, or keep animals that abuts a ground floor
residential use; and
(c) No animal may be outdoors between 11:00 p.m. and 6:00 a.m.
20.39.370 Restaurant.
(1) Defined. A facility for commercial use in which food and beverages are prepared and
sold for on- or off -premises consumption. This definition also includes food trucks, which
are mobile vehicles in which food is prepared and served.
20.39.375 Retail sales.
(1) Defined. A facility involved in the sale, lease or rental of new or used products. Retail
sales includes, but is not limited to, the following:
(a) Recreational marijuana sales;
(b) Convenience Store with Fuel Pumps. A facility with a floor area less than 5,000
square feet that sells convenience goods, such as prepackaged food items and a
Limited line of groceries. A convenience store with fuel pumps may sell vehicle fuel
but cannot have any type of vehicle repair or service. Where a convenience store
with fuel pumps is allowed as a limited use, it is subject to the following:
(i) A convenience store with fuel pumps is subject to the conditional use
permit requirements of a fuel station (see POMC 20.39.390).
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(ii) All fuel pumps must be located at least 25 feet from any public right-of-
way or lot line, and all buildings and appurtenances must be located at least
100 feet from all lot lines abutting a residential use;
(iii) A Type A or B buffer (see POMC 20.128.060) must be established along all
Lot lines abutting a residential use; and
(iv) All fuel must be stored underground outside of any public right-of-way.
(c) Convenience Store without Fuel Pumps. A facility with a floor area less than
5,000 square feet that sells convenience goods, such as prepackaged food items
and a limited line of groceries. A convenience store without fuel pumps cannot sell
vehicle fuel or have any type of automotive service.
(d) Vehicle Sales/Rental. A facility that sells, rents or leases passenger vehicles, light
and medium trucks, and other consumer vehicles such as motorcycles, boats and
recreational vehicles.
(e) Light Vehicle/Equipment. Sales, rental or leasing of passenger vehicles,
motorcycles, boats.
(i) A Type A or B landscape buffer (see POMC 20.128.060) must be
established along all lot lines abutting a ground floor residential use;
(ii) Vehicle display areas may not be artificially elevated above the general
topography of the site; and
(iii) Parked or stored vehicles may not encroach upon any public right-of-way
or sidewalk.
(f) Heavy Vehicle/Equipment. Sales, rental or leasing of commercial vehicles, heavy
equipment and manufactured homes. Includes recreational vehicles, 18-wheelers,
commercial box trucks, high -lifts, construction, heavy earth -moving equipment and
manufactured homes.
(i) A Type A or B landscape buffer (see POMC 20.128.060) must be
established along all lot lines abutting a ground floor residential use;
(ii) Vehicle display areas may not be artificially elevated above the general
topography of the site; and
(iii) Parked or stored vehicles may not encroach upon any public right-of-way
or sidewalk.
20.39.380 Business services.
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(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.
20.39.385 Marina.
(1) Defined. A facility that provides launching, storage, supplies, moorage, and other
accessory services for six or more pleasure and/or commercial watercraft..
20.39.390 Fuel station.
(1) Defined. A facility that provides gasoline and/or diesel fuel to retail consumers for motor
vehicles.
(2) Where indicated in the use table, POMC 20.39.040, a fuel station is required to obtain a
conditional use permit per Chapter 20.50 POMC. In addition to the criteria for approval in
POMC 20.50.050, the hearing examiner must also make the following findings in order to
issue the conditional use permit:
(a) The proposed fuel station use will provide additional fueling pumps that are
necessary to meet the needs of Port Orchard's population, as demonstrated by a demand
analysis and report provided by the applicant.
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Article V. Industrial Uses
20.39.400 Heavy industrial uses.
(1) Defined. A facility that involves dangerous, noxious or offensive uses or a facility that
has smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of
particulate matter, interference with radio, television reception, radiation or any other likely
cause. Heavy industrial includes the following:
(a) Animal processing, packing, treating, and storage;
(b) Bottling plant;
(c) Bulk fuel sales;
(d) Bulk storage of flammable liquids, chemicals, cosmetics, drugs, soap, paints,
fertilizers and abrasive products;
(e) Concrete batch plant;
(f) Prison (public or private);
(g) Primary metal manufacturing; and
(h) Sawmill, log production facility, lumberyard.
20.39.410 Light manufacturing.
(1) Defined. A facility conducting light manufacturing operations within a fully -enclosed
building. Light manufacturing includes the following:
(a) Laundry, dry-cleaning, and carpet cleaning plant;
(b) Brewery, distillery;
(c) Clothing, textile or apparel manufacturing;
(d) Craft shop;
(e) Food and beverage processing, boutique;
(f) Food and beverage processing, industrial;
(g) Facilities engaged in the assembly or manufacturing of scientific measuring
instruments; semiconductor and related devices, including but not limited to
clocks, integrated circuits, jewelry, medical, musical instruments, photographic or
optical instruments or timing instruments;
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(h) Pharmaceutical or medical supply manufacturing;
(i) Recreational equipment manufacturing;
(j) Sheet metal, welding, machine shop, tool repair;
(k) Stone, clay, glass or concrete products;
(l) Woodworking, cabinet makers or furniture manufacturing;
(m) Marijuana production;
(n) Marijuana processing.
(2) Craft Shop. A facility devoted solely to the arts and crafts that produces or makes items
that, by their nature, are designed or made by an artist or craftsman by using hand skills.
Where a craft shop is allowed as a limited use, it is subject to the following:
(a) May have no more than five employees;
(b) No more dust, fumes, gases, odors, smoke, or vapors are allowed to escape from
the premises than that which is usual in the neighborhood;
(c) All byproducts, including waste, are effectively confined to the premises or
disposed of off the premises so as to avoid air pollution, other than that which is
usual in the neighborhood;
(d) No noise or disturbance of adjoining premises takes place other than that which
is usual in the neighborhood; and
(e) All equipment and material storage is kept in an enclosed structure.
(3) Food and Beverage Processing, Boutique. A facility in which food, beverages or alcohol
are processed or otherwise prepared and distributed for eventual human consumption.
The facility may, in addition to its processing operation and exclusive of the processing,
bottling, and storage floor area limitation, have a restaurant, offer related and unrelated
retail sales, and on -site consumption of free samples when permitted by the state. The use
shall be conducted in a fashion that does not generate continuous, frequent, or repetitive
noises or vibrations other than that which is usual in the neighborhood.
(4) Food and Beverage Processing, Industrial. A facility in which food, beverage or alcohol
are processed, or otherwise prepared and distributed for eventual human consumption.
The establishment may, as a subordinate use, offer retail sales and on -site consumption of
free samples with no associated seating area, when permitted by the state, of only
products produced or processed by the principal use on site.
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20.39.420 Research and development.
(1) Defined. A facility focused primarily on the research and development of new products.
Research and development includes the following:
(a) Laboratories, offices and other facilities used for research and development by
or for any individual, organization or concern, whether public or private;
(b) Prototype production facilities that manufacture a limited amount of a product in
order to fully investigate the merits of such a product; and
(c) Pilot plants used to test manufacturing processes planned for use in production
elsewhere..
20.39.430 Resource extraction.
(1) Defined. A facility that extracts minerals and other solids and liquids from land.
Resource extraction includes the following:
(a) Extraction of phosphate or minerals;
(b) Extraction of sand or gravel, borrow pit;
(c) Metal, sandstone, gravel clay, mining and other related processing; and
(d) Stockpiling of sand, gravel, or other aggregate materials.
20.39.440 Vehicle service and repair.
(1) Defined. Repair and service to passenger vehicles, light and medium trucks, and other
consumer motor vehicles such as motorcycles, boats and recreational vehicles. Vehicle
service includes the following:
(a) Car wash;
(b) Vehicle repair (minor);
(c) Vehicle repair (major); and
(d) Vehicle repair (commercial vehicle).
(2) Car Wash. A facility with mechanical or hand -operated equipment used for cleaning,
washing, polishing or waxing of motor vehicles. Car wash facilities are subject to the
following:
(a) No hand -operated car wash is permitted within 50 feet of a residential use
(measured from the residential lot line to the lot line of the car wash facility).
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(b) No mechanical car wash is permitted within 150 feet of a residential use
(measured from the residential lot line to the lot line of the car wash facility).
(c) A Type A or B buffer (see POMC 20.128.060) must be established along all lot
Lines abutting a ground floor residential use.
(d) When abutting a ground floor residential use, the car wash facility cannot
operate before 6:00 a.m. or after 11:00 p.m.
(3) Vehicle Repair (Minor). A facility where minor vehicle repair and service is conducted.
Includes audio and alarm installation, custom accessories, quick lubrication facilities,
minor scratch and dent repair, emissions testing, bed -liner installation, and glass repair or
replacement. The following apply to vehicle repair (minor) facilities:
(a) A Type A or B buffer (see POMC 20.128.060) must be established along all lot
Lines abutting a ground floor residential use; and
(b) The dismantling of vehicles for salvage and the storage of impounded vehicles is
not allowed.
(4) Vehicle Repair (Major). Afacility where general vehicle repair is conducted, including
transmission, brake, muffler and tire shops, along with body and paint shops. The following
apply to vehicle repair (major) facilities:
(a) A Type A or B buffer (see POMC 20.128.060) must be established along all lot
Lines abutting a ground floor residential use; and
(b) The dismantling of vehicles for salvage and the storage of impounded vehicles is
not allowed.
(5) Vehicle Repair (Commercial Vehicle). A facility conducting repair, service, washing or
accessory installation for commercial vehicles, including box trucks, 18-wheelers and
construction or other heavy equipment. The following apply to vehicle repair (commercial
vehicle) facilities:
(a) A Type A or B buffer (see POMC 20.128.060) must be established along all lot
Lines abutting a ground floor residential use; and
(b) The dismantling of vehicles for salvage and the storage of impounded vehicles is
not allowed.
20.39.450 Warehouse, storage and distribution.
(1) Defined. A facility involved in the storage or movement of goods for itself or other firms.
Goods are generally delivered to other firms or the final consumer with little on -site sales
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activity to customers. Warehouse, storage and distribution includes enclosed storage such
as bulk storage, cold storage plants, frozen food lockers, household moving and general
freight storage.
20.39.460 Self storage (mini warehouse).
(1) Defined. A facility involved in the rental of storage space, such as rooms, lockers, or
containers, to individuals for the purpose of storing personal belongings.
(2) Self storage shall only be permitted in areas within the self storage overlay district
(SSOD) in accordance with POMC 20.38.700 through 20.38.740, in zones where permitted
outright or as a conditional use in the land use table in this chapter. Self -storage facilities
that are built and operated as an accessory to an apartment use are not subject to the
Limitations of the SSOD.
(3) Where indicated as a conditional use in the use table, POMC 20.39.040, a self -storage
facility is required to obtain a conditional use permit per Chapter 20.50 POMC. In addition
to the criteria for approval in POMC 20.50.050, the hearing examiner must also make the
following findings in order to issue the conditional use permit:
(a) The proposed self-service storage use will provide self storage units that are
necessaryto meet the needs of Port Orchard's population, as demonstrated by a
demand analysis and report provided by the applicant.
(b) The self -storage facility shall be at least two stories in height, as measured from
ground level and not including any basement or below -grade area.
20.39.470 Storage yard.
(1) Defined. A facility used for the storage of any material or item, including motor or marine
vehicles, that is not in a structure comprised of at least three walls and a roof. Does not
include facilities that are primarily used for the sale of motor and/or marine vehicles.
20.39.480 Waste -related services.
(1) Defined. A facility that processes and stores waste material. Waste -related service
includes the following:
(a) Automobile dismantlers and recyclers, junk yard, wrecking yard, salvage yard;
(b) Recycling and recovery facility, including recyclable material storage, including
construction material;
(c) Scrap metal processors, secondary materials dealers; and
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(d) Wastewater treatment plant.
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Article VI. Agricultural Uses
20.39.500 Agriculture.
(1) Defined. The production of crops, livestock or poultry. Agriculture includes the
following:
(a) Agricultural processing, excluding marijuana processing;
(b) Community garden;
(c) Nursery; and
(d) Winery.
(2) Agricultural Processing. Any operation that transforms, packages, sorts, or grades farm
products into goods that are used for intermediate or final consumption, including goods
for non-food use, such as the products of forestry. Agricultural processing includes milk
plant, grain elevator, and mulch or compost production and manufacturing, but does not
include animal processing, packing, treating, and storage. Agricultural processing also
does not include marijuana processing pursuant to Chapter 20.64 POMC.
(3) Community Garden. An area of land managed and maintained by a group of individuals
to grow and harvest food crops and non-food ornamental crops, for personal or group use,
consumption or donation. May be divided into separate plots for cultivation by one or more
individuals or may be farmed collectively by members of the group, and may include
common areas maintained and used by the group. Where a community garden is allowed
as a limited use, it is subject to the following:
(a) A community garden must be primarily used for growing and harvesting food and
ornamental crops for consumption or donation or for sale off site; and
(b) Only mechanical equipment designed for household use may be used.
(4) Nursery. A facility for the sale of plants and plant materials grown on or off site, as well
as garden supplies, equipment and related items.
(5) Winery. A facility for processing grapes or other fruit into wine for sale on site or through
wholesale or retail outlets.
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Article VII. Accessory Uses
20.39.600 Accessory dwelling units.
(1) Defined. An accessory dwelling unit (ADU) is a separate, complete dwelling unit
attached to or contained within the structure of the primary home or use. An ADU may be
either an accessory apartment (attached dwelling) or a backyard cottage dwelling.
(2) Requirements. Refer to Chapter 20.68 POMC.
20.39.610 Drive -through facility.
(1) Defined. A facility at which the customer is served while sitting in a vehicle, typically
associated with drive -through restaurants, banks and pharmacies.
(2) No drive -through window, lane or order box is permitted within 50 feet of a ground floor
residential use (measured from the residential lot line to the closest point of the drive -
through lane).
(3) In all drive -through areas, including but not limited to menu boards, stacking lanes,
trash receptacles, ordering box, drive up windows, and other objects associated with the
drive -through, must be located to the side or rear of the building. Drive -through windows
and lanes may not be placed between a public street (not including an alley) and the
associated building.
(4) Queuing, landscaping and screening requirements are specified in POMC 20.124.070
and Chapter 20.128 POMC.
20.39.615 Home occupation.
(1) Defined. A home occupation provides a service or product that is conducted wholly
within a dwelling unit. Customers and employees coming to the dwelling to conduct
business are not allowed. A home occupation does not include a bed and breakfast or day
care facility.
(2) The use of the dwelling unit for a home occupation must be clearly incidental and
subordinate to its use for residential purposes, and under no circumstances change the
residential character of the building.
(3) No business, storage or warehousing of materials, supplies or equipment is allowed
outside.
(4) No equipment or process may be used that creates excessive noise, vibration, glare,
fumes, odors, or electrical interference.
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(5) No display of products may be visible from the street.
(6) No persons other than members of the family residing on the premises may be engaged
in the home occupation.
(7) No more than one vehicle may be used in the conduct of the home occupation, and it
must be parked on site.
(8) Storage space and the operation of the business cannot exceed 25 percent of the total
floor area of the dwelling (including any accessory structures on the lot).
(9) Customers and employees are not allowed.
(10) The delivery of materials may not exceed more than two deliveries per day. No delivery
may be by a vehicle larger than typical delivery van.
(11) No signs advertising the home occupation are allowed.
20.39.620 Home business.
(1) Defined. A home business provides a service or product that is conducted whollywithin
a dwelling that requires employees, customers, clients or patrons to visit the dwelling. A
home business does not include a bed and breakfast or day care facility.
(2) The use of the dwelling unit for a home business must be clearly incidental and
subordinate to its use for residential purposes, and under no circumstances change the
residential character of the building.
(3) No business, storage or warehousing of materials, supplies or equipment is allowed
outside.
(4) No equipment or process may be used that creates excessive noise, vibration, glare,
fumes, odors, or electrical interference.
(5) No display of products may be visible from the street.
(6) The home business must be conducted by a person residing on the premises.
(7) No more than two employees of the business excluding the business/home owner (or
home occupant) shall work on the premises.
(8) No more than one vehicle may be used in the conduct of the home business, and the
vehicle must be parked on site.
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(9) Storage space and the operation of the business inside the dwelling cannot exceed 25
percent of the total floor area of the building (including any accessory structures on the
Lot).
(10) Not more than 12 client vehicle trips a day are permitted to visit the home business.
(11) The delivery of materials may not exceed more than two deliveries per day. No delivery
may be by a vehicle larger than typical delivery van.
(12) Retail sales of goods must be entirely accessory to any service provided on the site
(such as hair care products sold as an accessoryto hair cutting).
(13) No mechanical equipment is installed or used except such that is normally used for
domestic or professional purposes.
20.39.625 Livestock keeping.
(1) Defined. Livestock includes any animals of the equine, swine or bovine class, including
goats, sheep, mules, cattle, hogs, pigs and other grazing animals, and all ratites, including,
but not limited to, ostriches, emus and rheas.
(2) Prohibited.
(a) The keeping of any animal other than dogs, cats and other household domestic
animals and those specifically allowed below is prohibited.
(b) Roosters are not allowed.
(3) Rabbits, Turkeys, Ducks and Chickens.
(a) One rabbit, turkey, duck or chicken is allowed per 1,500 square feet of lot area;
provided, that no more than five rabbits, ducks or chickens, and no more than three
turkeys, are located on a single parcel.
(b) An area of at least 20 square feet or at least four square feet for each rabbit,
turkey, duck or chicken, whichever is larger, must be provided. The area must be
adequately fenced, cannot be located in a front yard, be at least 25 feet from any
dwelling on an abutting lot and be at least 15 feet from any side or rear lot line.
(c) Coops or cages may not exceed eight feet in height.
(4) Alpacas, Llamas, Goats and Sheep.
(a) A lot least one-half acre in size is allowed one alpaca, llama, goat or sheep per
10,000 square feet of lot area.
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(b) An area of at least 500 square feet or at least 250 square feet for each alpaca,
Llama, goat or sheep, whichever is larger, must be provided.
(c) The containment area must be adequately fenced, cannot be located in a front
yard and must be at least 15 feet from any side or rear lot line.
20.39.630 Outdoor display.
(1) Defined. The outdoor display of products actively available for sale. The outdoor
placement of propane gas storage racks, ice storage bins, soft drink or similar vending
machines is considered outdoor display. Outdoor display does not include merchandise or
material in boxes, in crates, on pallets or other kinds of shipping containers (see limited
outdoor storage). Where allowed, the outdoor sale or rental of vehicles or equipment as
part of a properly permitted use is not considered outdoor display.
(2) Outdoor display is only allowed with a permitted nonresidential use.
(3) Outdoor display must abut the primary facade with the principal customer entrance,
and may not extend more than six feet from the facade or occupy more than 25 percent of
the horizontal length of the facade.
(4) Outdoor display may not exceed six feet in height.
(5) Outdoor display must be removed and placed inside a fully -enclosed building at the end
of each business day, except propane gas storage racks, ice storage bins, soft drink or
similar vending machines may remain outside overnight.
(6) Outdoor display may not encroach upon any public right-of-way or sidewalk. Outdoor
display may not impair the ability of pedestrians to use the sidewalk. There must be a
minimum of six feet of clear distance of sidewalk at all times.
20.39.635 Outdoor storage.
(1) Defined.
(a) Low -Impact.
(i) Low -impact outdoor storage includes, but is not limited to:
(A) The overnight outdoor storage of vehicles awaiting repair;
(B) The outdoor storage of merchandise or material in boxes, in crates,
on pallets or other kinds of shipping containers;
(C) Outdoor sale areas for sheds, building supplies, garden supplies,
plants, lawn mowers, barbecues and other similar items; and
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(D) The outdoor storage of vehicles, boats, recreational vehicles or
other similar vehicles at a self-service storage, mini warehouse
facility.
(ii) Use Standards.
(A) All material stored outdoors cannot be located in a required
setback;
(B) All material stored outdoors may not be more than 12 feet in
height;
(C) All material stored outdoors must be fully screened from view from
the public right-of-way and abutting properties using a Type A or B
buffer (see POMC 20.128.060); and
(D) Vehicles awaiting repair may only be stored up to 14 days within
the screened storage area.
(b) High -Impact.
(i) High -impact outdoor storage includes, but is not limited to:
(A) The outdoor storage of contractor's equipment, lumber, pipe, steel
or wood;
(B) The outdoor storage of salvage, recycled materials or scrap metal;
(C) The outdoor storage of impounded or inoperable vehicles;
(D) The outdoor storage or loading yard for vehicles, trailers or
equipment;
(E) The outdoor storage of construction material; and
(F) The outdoor storage of domestic or construction waste or debris.
(ii) Use Standards.
(A) All material stored outdoors cannot be located in a required
setback and must be located at least 15 feet from the public right-of-
way; and
(B) All material stored outdoors must be fully screened from view from
the public right-of-way and abutting properties using a Type C or D
buffer (see POMC 20.128.060).
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20.39.640 Indoor self -storage as accessory use to apartment buildings.
Indoor self -storage may be permitted as an accessory use to a site containing one or more
apartment buildings as defined in Chapter 20.32 POMC; provided, that the gross floor area
of self -storage does not exceed 20 percent of the gross floor area of the residential living
space located within apartment buildings on the site.
20.39.645 Vehicle service and repair accessory to residential uses.
Vehicle service and repair, as an accessory use to an existing residential use, is allowed
pursuant to the requirements of Chapter 20.66 POMC and the land use table in POMC
20.39.040.
20.39.650 Medical marijuana cooperatives.
Medical marijuana cooperatives, as an accessory use to an existing residential use, are
allowed pursuant to the requirements of Chapter 20.64 POMC and the land use table in
POMC 20.39.040.
20.39.660 Residential yard, garage, and estate sales.
Periodic, noncommercial sales of personal and household goods, and professional estate
sales, at residential dwellings shall be allowed as an accessory use, provided such sale
events conform to the following conditions:
(1) A maximum of four events per residential address per calendar year.
(2) A maximum of four consecutive days per event.
(3) Limited to the hours of 8:00 a.m. to 6:00 p.m.
(4) Goods shall not be placed in the public right-of-way.
(5) It shall be the responsibility of the resident and/or operator of the sale to ensure traffic is
not obstructed.
(6) All goods, tables, canopies, tarps, and associated paraphernalia shall be removed from
public view between sale events.
(7) Goods shall be limited to the personal or household property of the estate, the residents
of the sale location, and/or the participants in the sale. There shall be no sale of goods or
products purchased or produced for resale or otherwise sold by the sale participants in a
commercial enterprise.
(8) Professional estate sale operators shall be properly licensed in accordance with
Chapter 5.12 POMC.
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20.39.670 Charitable auctions and rummage and jumble sales in residential zones.
Periodic, noncommercial outdoor sales of donated goods for the benefit of charitable,
nonprofit organizations or noncommercial educational institutions shall be allowed as an
accessory use according to the following conditions:
(1) Limited to a maximum of four events per location per year.
(2) Limited to a maximum of four consecutive days per event.
(3) Limited to the hours of 8:00 a.m. to 6:00 p.m.
(4) Goods shall not be placed in the public right-of-way.
(5) It shall be the responsibility of the operator of the sale to ensure traffic is not
obstructed.
(6) All goods, tables, canopies, and associated paraphernalia shall be removed from public
view between sale events.
(7) Shall be conducted on the premises of charitable, nonprofit organizations or
noncommercial educational institutions.
(8) Variance from these conditions, or events held at other locations, may be permitted
subject to a temporary use permit in accordance with Chapter 20.58 POMC.
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Exhibit H
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Chapter 20.68
ACCESSORY DWELLING UNITS
Sections:
20.68.010 Accessory dwelling units - Defined.
20.68.020 Accessory dwelling units - Purpose.
20.68.030 Accessory dwelling units - Decision type.
20.68.040 Accessory dwelling units -Administration.
20.68.050 Accessory dwelling units - Property ownership.-
20.68.060 Accessory dwelling units - Commercial and industrial development - Code
applicability.
20.68.080 Inspection.
20.68.090 Violations.
20.68.100 General requirements.
20.68.110 Bulk, location and design requirements.
20.68.010 Accessory dwelling units - Defined.
For the purpose of this chapter the following definitions apply:
Aft-a"Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family
housing unit (detached house), duplex, triplex, fourplex, townhouse, or other housing unit except
fil_H .. MT@F • - • :miM �ll'T3WIT11 iT1FT�- _ 1. dunLex. triolex. fourolex. townhouse. or other housing unit exceut
"Detached accessory dwelling unit" means an accessory dwelling unit no larger than 1,000 square
feet of gross floor area that consists partly or entirely of a building that is separate and detached
from a single-family housing unit (detached house), duplex, triplex, fourplex, townhouse, or other
housing unit exceptapartment or mixed -use shopfront buildings.
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Szro-ss floor area" means the interior habitable area of a dwelling unit including basements and
attics but not including a garage or accessory structure.
"Owner" or "Droperty owner" means anv person who has at least 50 percent ownership in a
(Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.020 Accessory dwelling units — Purpose.
(1) Intent. Accessory dwelling units (hereinafter referred to as "ADUs") are intended to:
(a) Provide homeowners with a means of providing for companionship and security.
(b) Add affordable units to the existing housing supply.
(c) Make housing units within the city available to low and moderate income people.
(d) Provide an increased choice of housing that responds to changing needs, (e.g., persons
with disabilities, impaired mobility), lifestyles (e.g., young families, retired), and modern
development technology.
(e) Prote *-PromQt_e neighborhood stability, property values, and the single-family
residential appearance by ensuring that ADUs are installed in a compatible manner under the
conditions of this chapter.
(f) Increase density and promote sustainable practices by n order to better utilizinge
existing infrastructure and community resources, while and to supporting public transit}and
neighborhood retail, and commercial services.
(g) Provide a means for commercial and industrial sites to have a resident caretaker or
security officer. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.030 Accessory dwelling units — Decision type.
Atr building permit for an ADU Otis a Type I action and shall be reviewed and considered in
accordance with the procedures for such actions as set forth in Subtitle II of this title. (Ord. 021-20
§ 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.040 Accessory dwelling units — Administration.
The planning director shall have the authority to develop and implement procedures to administer
and enforce this chapter. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
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•
20.68.060 Accessory dwelling units - Commercial and industrial development - Code
applicability.
The following subsections of this chapter do not apply to the construction or establishment of an
ADU that is accessory to a commercial or industrial use:
(1) POMC 20.68.100(1) and (5).
. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
section.20.68.070 Accessory dwelling units - Application procedur
(1) Procedtires. Any property owner seeking to establish an ABU shail apply for approv
aecordance w0th the following procedures:
(a) Application. Prior to installation of an ADU, the property ovvner shall apply for an ADU
permit. A complete application shall include a properly completed application form, floor and
proposed, and fees as preseribed an subseetion (1)(b) of this
(b) Fees. The application shall be accompanied by the applicable fee in accordance with
the city's adopted feeschedule. f new or upgraded water orsewer connections are required, water
and/or sewer eonnectoon fees shall be required in accordance with POMG Tifie 13.
(e) Permit. Upon 1'eCeipt Of a COMplete application, application fees, and approval of any
necessary building or other pern-iits, an ADU peri-nit shall be issued. (E)rd. - -
- .
20.68.080 Inspection.
The Ceity shall inspect the property to confirm that minimum and maximum size limits, required
parking and design standards, and all applicable building, health, safety, energy, and electrical
code standards are met. (Ord. 038-22 § 3; Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.090 Violations.
A violation of this chapter shall be governed by POMC 20.68.100. Violations of any other city permit
or code requirements shall be governed by Chapter 20.02 POMC. (Ord. 038-22 § 4; Ord. 021-20 § 2;
Ord. 011-19 § 4 (Exh. 1)).
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20.68.100 General requirements.
ADUs shall be subject to the following requirements, which shall not be subject to a variance:
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•- .1! � 1" • 1" 11 1 11 .11 • - -• "11"1 • 1" � 1 �. • � 1_
not more than one singie farmi�y dweRin-g-.
(2) Number of ADUs per Lot. No more than one two ADUs whether an variation of aeeessar�t
apartments -(attached accessory dwelling units)a_nd/or a detached accessory
dwellings units, shall be permitted on one lot. Provided, however. that the development of an ADU
shall not be permitted if it results in the exceedance of the unit density for the lot which is
established in the underlying zoning district.
(3) Occupancy. The maximum murnber of ocetipants in any AIDIJ shaR be four persons. Maximum
occupancy may be ftirther is regulated by Section 1004 (Occupant Load) of the International
Building Code.
(4) Composition. The ADU shall include facilities for cooking, living, sanitation, and sleeping.
(5) Home Businesses and Occupations. Home businesses and occupations shall be allowed,
subject to existing regulations. However, where more than one home business or home occupation
exist on the-laif beth the main residence and the ADU contain herne business only one of the
two-dw units is permitted to receive customers on the premises.
(6) Short -Term Rental. The use of an ADU as a short-term rental shall be allowed, subject to
compliance with the vacation rental and bed and breakfast regulations in POMC 20.39.345.
(7) Legalization of Nonconforming ADUs. Existing ADUs that are made nonconforming by this
chapter, or ADUs legally existing prior to the enactment of these requirements, may be maintained
as a legal nonconforming use in accordance with Chapter 20.54 POMC. (Ord. 038-22 § 5; Ord. 021-
20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.110 Bulk, location and design requirements.
(1) In commercial or industrial developments, detached ADUs are not aliovvedprohibited, and the
an attached ADU shall be located on or above the second floor of the building in which it is located.
(2) For attached ADUs, the lot must meet the minimum lot dimensional and size requirements of
the applicable zoning designation. Attached ADUs that do not increase the building envelope of an
existing residential structure are exempt from this requirement.
r - - - -
rW
is ciecessury to a detached residential dweRing, the ADU shalt not exceed 40 percent of the tota
' , !, and the ADU combined, after modification or
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eenstruetion, or a gross floor area of 1,000 square feet., whiehever is greater. For an attaehed
that is accessory to a eornmercial: or industrial use, the ADU shall not exceed 1,000 square feet.
(4) BuRding Height. The maximum building height for an ADU shall not exceed the
maximum building height permitted for structures within the zoning district and, where applicable,
the height overlay district in which the ADU is located., .
' For an attached ADU that is accessory to the ra incipal building. the
ADU building height shall not exceed the maximum building height of the principal building type.
However, in no instance shall the maximum building height of an ADU be restricted to less than 24
feet unless a lower height limit also applies to the principal building on the l -, ,.Refer to the
appropriate building type in Chapter 20.32 POMC.
(5) Location. An d-etatbia -ADU shall be permitted as an accessory seeand dwelling unit to the
principathuilding on the same lot
permitted within a detached residential dwelling, or within a commercial: or industrial building.
(6) Setbacks and Lot Coverage. For a detach New ADU , must comply with the zoning regulations
for the district in which it is located , Backyard cottage. For an attached
ADU that is accessery to a conimercial: or industrial: tise, refer to the appropriate buiLding type in
._However, where an ADU is proposed through the conversion of a legally
established, nonconforming accessory structure, the ADU-nay retain the structure's existing
setbacks and lot coverage, and is not required to meet current zoning standards for those
elements. The calculation of lot coverage shall include all buildings on the lot or site, including the
ADU, the primary singLe-farnRyrinci altngibuildin (for residential properties), and
accessory buildings. Existing and future accessory buildings, including an ADU, must meet required
setbacks for the relevant zone and building type. ADUs that abut a public alley may be sited at the
Lot line.
(7) Design -Attached ADUs. An attached ADU shall be designed to maintain the architectural
design, style, appearance, and character of the main bubidin principal trrtbuilding as a single-
family residence and the development standards of the zoning -district in which it's located a"
- . If an attached ADU extends beyond the current footprint or existing height
of the main building, such an addition must be consistent with the existing facade, roof pitch,
siding, and windows. Any exterior modification or addition to a single-family residence shall comply
with the design standards in Chapter 20.139 POMC.
be located in the front facade of the dwelling. If a separate outside enftanc� - , ___y for an
attaehed ADU, it nitist be located either off the rear or side of the main building. Stieh entrance
must not be vosobie frorn the same voevv of the building whieh eneornpasses the main entrance to
the building and must pi-ovide a meastire of vistial privacy.
(8) Design -Attached ADUs Associated with a Commercial or Industrial Development. The ADU
shall be part of an overall site and building design that complies with the requirements of Chapter
20.127 POMC (Design Standards); and shall be reviewed in conjunction with the underlying land
use or building permit.
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Design Standards.
(+E)9) Walkways. For ADUs with a separate exterior entrance, a pedestrian walkway shall be
provided between the ADU and the nearest sidewalk, or where no sidewalk exists, the nearest
street right-of-way. The walkway shall be composed of materials that are distinct from any adjacent
vehicle driving or parking surfaces. The walkway may function as a shared pedestrian/vehicle
space; provided, that it is constructed of distinct materials, is located along an exterior edge of a
driving surface, and vehicles are not permitted to park on the walkway so that pedestrian use is
hindered or prevented.
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M Parking: Parking -shall be provided consistent with the requirements of POMC 20.124.
(Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
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Exhibit
266
Chapter 20.80
SUBDIVISIONS — GENERAL PROVISIONS
Sections:
20.80.010 Title.
20.80.020 Authority.
20.80.030 Purpose.
20.80.040 Applicability.
20.80.050 Exemptions.
20.80.060 Document forms.
20.80.070 Consent to access.
20.80.080 Limitation of liability.
20.80.090 Severability.
20.80.010 Title.
(1) The ordinance codified in this subtitle shall be known as the city of Port Orchard subdivision
code.
(2) This chapter shall be entitled "Subdivisions — General Provisions." The provisions of this chapter
shall apply to all chapters within this subtitle. (Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019-
17 § 18 (Exh. 1)).
20.80.020 Authority.
This subtitle is adopted pursuant to the provisions of Chapter 58.17 RCW and the general police
powers granted to the city pursuant to Chapters 35A.13 and 35A.63 RCW and other applicable
Laws. (Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019-17 § 18 (Exh. 1)).
20.80.030 Purpose.
The purpose of this subtitle is to provide rules, regulations, requirements, and standards for the
subdivision of land, for obtaining binding site plans, unit lot subdivisions. and of the adjustment of
existing lot lines within the city, ensuring:
(1) That the highest feasible quality in subdivisions will be obtained;
(2) That the public health, safety, general welfare, and aesthetics of the city shall be promoted and
protected, complying with the provisions of Chapter 58.17 RCW;
(3) That orderly growth, development, and the conservation, protection, and proper use of land
shall be promoted;
(4) That the proper provisions for all public facilities, including connectivity, circulation, utilities,
and services, shall be made;
267
(5) That maximum advantage of site characteristics shall be taken into consideration;
(6) Undue and unnecessary burdens are not placed on either the applicant or the city; and
(7) That the process shall be in conformance with provisions set forth in this title and the Port
Orchard comprehensive plan. (Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019-17 § 18 (Exh. 1)).
20.80.040 Applicability.
(1) The provisions of this subtitle shall apply to all lot line adjustments and the division of any land
within the corporate limits of the city of Port Orchard for sale, lease, transfer, or building
development into two or more parcels, except as expressly stated in this subtitle.
(2) Land use review procedures provided in Subtitle II (Permitting and Development Approval) of
this title shall apply in addition to applicable provisions within this subtitle.
(3) No person, firm, or corporation proposing to make, or having made, any division of land as
described above within the city limits shall enter any contract for the sale of, or shall offer to sell,
any part of the division without having first obtained its approval as a short plat, subdivision plat,
unit lot subdivision, or binding site plan in accordance with this subtitle, unless such agreement for
sale complies with RCW.
(4) All contiguous land shall be included in a plat application. Multiple applications or applications
and/or exemptions shall not be utilized as a substitute for comprehensive subdividing in
accordance with the requirements of this subtitle. The applicant shall certify that they have
included all contiguous land in a plat application and that they do not own or otherwise have a legal
interest in ownership of contiguous parcels.
(5) Any land being divided into nine or fewer parcels, lots, tracts, or sites shall conform to the short
plat provisions of this subtitle. Nothing in this subtitle shall prevent a landowner who has short -
platted a parcel into fewer than nine lots from filing a short plat within a five-year period to create
up to a total of nine lots within the boundary of the original short plat. Any land being divided into 10
or more parcels, lots, tracts, or sites for any purpose, and any land which has been divided under
the short plat process within five years, shall conform to the provisions of the preliminary and final
plat procedures of this subtitle. The only exception to this provision shall be those lands being
subdivided through the binding site plan procedures of this subtitle. (Ord. 017-23 § 1; Ord. 059-21
§ 9; Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019-17 § 18 (Exh. 1)).
20.80.050 Exemptions.
Pursuant to RCW 58.17.040, the following activities are not considered short plats or plats and the
provisions of this subtitle shall not apply:
(1) Cemeteries and other burial plots while used for that purpose;
(2) Divisions made by testamentary provisions, or the laws of descent;
(3) Divisions of land into lots or tracts classified for industrial or commercial use when the city has
approved a binding site plan for the use of the land in accordance with this subtitle;
268
(4) A division for the purpose of lease when no residential structure other than mobile homes or
travel trailers are permitted to be placed upon the land when the city has approved a binding site
plan for the use of the land in accordance with this subtitle;
(5) Lot line adjustments made pursuant to this subtitle;
(6) A division for the purpose of leasing land for facilities providing personal wireless services while
used for that purpose. "Personal wireless service" means any federally licensed personal wireless
service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or
both, of wireless communication services including, but not necessarily limited to, antenna arrays,
transmission cables, equipment shelters and support structures;
(7) A division of land related to the acquisition or exchange of land by public agencies for public
use, except human occupancy, including but not limited to subdivisions made for road
construction purposes;
(8) Portions of property deeded to the city for the limited purpose of providing a right-of-way and/or
utility facilities, such as but not limited to the installation of linear utility facilities, such as electric
power lines, telephone lines, water supply lines, sewer service lines, cable lines or other utility
facilities of a similar or related nature; or a pump house, reservoir or well site; provided the
remaining property is not reduced in size below the minimum square footage required by applicable
zoning, that no conflict is created with any applicable design standards for the property, and that
written approval from the community development director is received;
(9) Division of land due to condemnation or sale under threat thereof by an agency or division of
government vested with the power of condemnation; if sale is made under threat of condemnation,
such threat must be evidenced by the government agency filing affidavit so stating with the county
auditor. (Ord. 017-23 § 1 (Exh. A); Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019-17 § 18 (Exh.
1)).
20.80.060 Document forms.
All short plats, final plats, unit lot subdivisions, replats or binding site plans shall contain the
elements listed in RCW 58.17.160. In addition, the legal description of the subdivision, unit lot
subdivision, binding site plan, or boundary line adjustment, and easements, dedications,
acknowledgements, and other statements, shall appear substantially in the form as follows, based
on the type of land division to be recorded:
(1) Easements (Sample Utility Easement).
An easement is reserved for and granted to (the names of all the utilities, public and private, serving
the area) and their respective successors and assigns under and upon the exterior ten (10) feet of
front boundary lines of all lots and tracts, in which to install, lay, construct, renew, operate,
maintain and remove utility systems, lines, fixtures and appurtenances attached thereto, for the
purpose of providing utility services to the subdivision and other property, together with the right to
enter upon the lots and tracts at all times for the purposes stated, with the understanding that any
grantee shall be responsible for all unnecessary damage it causes to any real property owner in the
subdivision by exercise of rights and privileges herein granted.
269
(2) Dedication. Roads not dedicated to the public must be clearly marked on the face of the plat.
Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents
and purposes as a quitclaim deed to the said donee or donees, grantee or grantees, for their use for
the purpose intended by the grantors or donors.
Know All Persons by these Presents that we, the undersigned owners in the fee simple or contract
purchaser and mortgage holder of the land hereby platted, hereby declare this plat and dedicate to
the use of the public forever all streets and avenues shown thereon and use thereof for all public
purposes not inconsistent with the use thereof for public highway purposes; also the right to make
all necessary slopes for cuts and fills upon the lots and blocks shown on this plat in the original
reasonable grading of the streets and avenues shown hereon. The undersigned owners hereby
waive all claims for damages against any governmental authoritywhich may be occasioned to the
adjacent land by the established construction, drainage and maintenance of said road. This
subdivision has been made with our fee consent and in accordance with our desires.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _ day of
[Signature blocks and Notary Certificate to follow.]
(3) Acknowledgements or Notary Certificate. The forms for notary certificates are set forth in RCW
42.44.100.
(4) Surveyor's Certificate.
I hereby certify that the plat of is based upon a complete and actual survey and
subdivision of Section_, Township_, Range_, East W.M.; that the courses and distances are shown
correctly thereon, that the monuments have been set and the lot and block corners staked
correctly on the ground; that this is a true and correct representation of the lands actually surveyed
and that I have fully complied with the provisions of the statutes and platting regulations.
Certificate:
Expiration:_
Date:
(5) City Engineer's Approval.
I hereby certify that this final/short plat/unit lot subdivision, is consistent with all applicable
Town/City improvement standards and requirements in force on the date of preliminary/short plat
approval. I have approved this final/short plat/unit lot subdivision as to the layout of streets, alleys
and other rights -of -way, design of bridges, sewage and water systems and other structures.
Examined and approved by me this _ day of, 20.
City Engineer.
(6) Community Development Director's Approval.
I hereby certify that this final/short plat/unit lot subdivision is consistent with all applicable
270
Town/City improvement standards and requirements in force on the date of preliminary/short plat
approval. I have approved this final/short plat/unit lot subdivision, as to the layout of streets, alleys
and other rights -of -way, design of bridges, sewage and water systems and other structures.
Examined and approved by me this _ day of, 20.
Community Development Director.
(7) City Council Approval.
Approved by the City Council of the City of , this _ day of
Mayor
ATTEST:
City Clerk
(8) City Finance Director Approval.
I hereby certify that all taxes and delinquent assessments for which the property may be liable as of
the date of certification have been duly paid, satisfied or discharged.
Executed this _ day of , 20_.
Finance Director
(9) County Treasurer Approval.
This is to certify that all taxes heretofore levied and which has become a lien upon the lands herein
described, have been fully paid and discharged, according to the records of my office, up to and
including the year_.
Executed this _ day of , 20_.
County Treasurer
(10) County Auditor.
Filed at the request of , this day of , 20, and recorded
in Volume of Plats, page(s) , Records of County, Washington.
County Auditor
(Ord. 017-23 § 1 (Exh. A); Ord. 056-19 § 20).
20.80.070 Consent to access.
271
All persons applying for approvals under this subtitle shall permit free access to the land subject to
the application to all agencies with jurisdiction considering the proposal for the period of time
extending from the date of application to the time of final action. (Ord. 056-19 § 20; Ord. 028-19 § 3
(Exh. 1); Ord. 019-17 § 18 (Exh. 1). Formerly 20.80.060).
20.80.080 Limitation of liability.
It is the specific intent of this subtitle and procedures adopted under this subtitle to place the
obligation of complying with the requirements of this subtitle upon the permittee, and no provision
is intended to impose any duty upon the city, or any of its officers, employees, or agents. Nothing
contained in this subtitle is intended to be or shall be construed to create or form the basis for
liability on the part of the city, or its officers, employees, or agents, for any injury or damage
resulting from the failure of the permittee to comply with the provisions of this subtitle, or by reason
or in consequence of any act or omission in connection with the implementation or enforcement of
this subtitle or any procedures adopted under this subtitle by the city, its officers, employees, or
agents. (Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019-17 § 18 (Exh. 1). Formerly 20.80.070).
20.80.090 Severability.
If any part, sentence, paragraph, subsection, section, or clause of this subtitle is adjudged
unconstitutional, or held invalid, the remainder of the subtitle or the application of the provisions to
other persons, property, structures, or circumstances shall not be affected. Whenever any
condition or limitation is included in an order authorizing a planned development or any site plan
approval, it shall be conclusively presumed that the authorizing officer or body consider such
condition or limitation necessary to carry out the spirit and purpose of this subtitle or the
requirement of some provision hereof, and to protect the public health, safety, and welfare, and
that the officer or body would not have granted the authorization to which the condition or
limitation pertains except in the belief that the condition or limitation was lawful. (Ord. 056-19 § 20;
Ord. 028-19 § 3 (Exh. 1); Ord. 019-17 § 18 (Exh. 1). Formerly 20.80.080).
WA
Exhibit J
273
Chapter 20.82
ADMINISTRATION AND ENFORCEMENT
Sections:
20.82.010 Interpretation — Conflict.
20.82.020 Review and approval procedures.
20.82.030 Vesting.
20.82.040 Violations, enforcement, and penalties.
20.82.050 Appeals.
20.82.010 Interpretation — Conflict.
(1) In their interpretation and application, the provisions of this subtitle shall be considered the
minimum requirements required. More stringent provisions may be required if it is demonstrated
that different standards are necessary to promote the public health, safety, and welfare.
(2) Except as provided for otherwise in this subtitle, the community development director or
designee shall have the authority for interpreting the meaning, words, phrases, and sentences set
forth in this subtitle and the determination of how specific situations are regulated by this subtitle.
(3) Whenever, in the course of administration and enforcement of this subtitle, it is necessary or
desirable to make any administrative decision, unless other standards are provided for, the
decision shall be made so that the result will not be contrary to the spirit and purpose of this
subtitle or injurious to the surrounding neighborhood. When this subtitle imposes a greater
restriction or higher standard on the development and uses of land or improvements thereon than
is required by other codes, rules, or private covenants or agreements, the provisions of this subtitle
shall prevail and shall be followed. Regardless of any other provision of this subtitle, no land shall
be divided in violation of any local, state, or federal law or regulation.
(4) Appeals of an administrative interpretation of this subtitle shall be processed in accordance
with the provisions of Subtitle II (Permitting and Development Approval) of this title. (Ord. 019-17
§ 18 (Exh. 1)).
20.82.020 Review and approval procedures.
(1) The procedures for approval of short and long plats, binding site plans, unit lot subdivisionsand
all subdivisions not exempt from this subtitle, as well as the vesting of rights related to those types
of approvals, are set forth in this subtitle. All such provisions require consistency with the
requirements of RCW Title 58 (Boundaries and Plats) or its successors, as applicable to the type of
land division being proposed.
(2) In addition to compliance with this subtitle, all subdivisions, short subdivisions, unit lot
subdivisions, boundary line adjustments, binding site plans, preliminary plat amendments,
subdivision alterations, and vacations shall adhere to all applicable adopted city standards and
regulations, including, but not limited to, the comprehensive plan, the shoreline master program,
the sewer comprehensive plan, the water system plan, the comprehensive stormwater drainage
274
plan, the city's street and utility standards, the city's zoning and building codes, the city's
concurrency ordinance, public works and street standards, stormwater drainage code, critical
areas ordinance and flood control ordinance, all of which have been adopted by ordinance and are
on file with the city clerk.
(3) For purposes of compliance with RCW Title 58 or its successors, the eCity of Port Orchard
subdivision regulations shall consist of this subtitle, as well as applicable substantive standards in
Subtitle X (Building and Construction Standards), Subtitle VIII (Environmental Regulations), and
Subtitle III (Zoning Regulations) of this title, applicable procedures set forth in Subtitle II (Permitting
and Development Approval) of this title, and any related local regulations or ordinances adopted in
accordance with state law.
(4) For purposes of compliance with the Ceity's design regulations and development standards,
applications shall be reviewed for compliance with POMC Title 12 (Streets and Sidewalks) and
Subtitle X (Building and Construction Standards) of this title.
(5) The limitations imposed by this section shall not restrict conditions imposed under Chapter
43.21 C RCW. (Ord. 019-17 § 18 (Exh. 1)).
20.82.030 Vesting.
A complete application for a short plat, unit lot subdivision, preliminary plat or binding site plan
shall be considered under the subdivision, short subdivision or preliminary binding site plan
regulations and zoning or other land use control ordinances in effect on the land at the time the
fully completed application for the preliminary plat approval of the subdivision, short preliminary
plat approval of the short subdivision, preliminary approval of a unit lot subdivision, or a preliminary
binding site plan has been submitted to the department of community development. The
limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21 C
RCW (the State Environmental Policy Act). (Ord. 019-17 § 18 (Exh. 1)).
20.82.040 Violations, enforcement, and penalties.
(1) General. It is a violation of this subtitle for a person to divide, segregate, sell, or transfer, or offer
to sell or transfer, real property in violation of this subtitle. It is a violation of this subtitle to do any
other thing with respect to a lot, tract, parcel, or property in the city that violates this subtitle or
violates a plat or short plat restriction imposed by the city.
(2) Enforcement. It is unlawful for any person to violate any provision or fail to comply with any of
the requirements of this subtitle or of any notice or lawful order issued hereunder. Except as
otherwise provided in this section, any violation of this subtitle shall be subject to the enforcement
and penalty provisions of Chapter 20.02 POMC, Administration and Enforcement.
(3) Any person or any agent thereof who divides land into lots, tracts, or parcels of land and sells or
transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a
final plat, short plat, unit lot subdivision, boundary line adjustment, or binding site plan filed for
record, or who otherwise violates or fails to comply with any of the provisions of this subtitle, shall
be guilty of a gross misdemeanor. Each violation involving a separate lot, tract, or parcel of land is a
separate and distinct offense; provided, an offer or agreement to sell, lease, or otherwise transfer a
275
lot, tract, or parcel of land following preliminary plat approval is not a violation of this subtitle if
performance of the offer or agreement is expressly conditioned on the recording of the final plat
containing the lot, tract, or parcel. All payments on account of an offer or agreement conditioned as
provided in this section shall be deposited in an escrow or other regulated trust account and no
disbursement to the seller shall be permitted until the final plat is recorded.
(4) Whenever land within a subdivision granted final approval is used in a manner or for a purpose
which violates any provision of this subtitle or any term or condition of plat approval prescribed for
the plat, the city may commence an action to restrain and enjoin such use and compel compliance
with the provision, terms, or conditions. The costs of such action may be taxed against the violator.
(5) Any person who violates any court order or injunction issued pursuant to this subtitle is guilty of
a misdemeanor.
(6) No building permit, septic tank permit, or other development permit shall be issued for any lot,
tract, or parcel of land divided in violation of this subtitle unless the authority authorized to issue
such permit finds that the public interest will not be adversely affected thereby. The prohibition
contained in this section shall not apply to an innocent purchaser for value without actual notice.
All purchasers' or transferees' property shall comply with provisions of this subtitle and each
purchaser or transferee may recover their damages from any person, firm, corporation, or agent
selling or transferring land in violation of this subtitle, including any amount reasonably spent as a
result of inability to obtain any development permit and spent to conform to the requirements of
this subtitle as well as cost of investigation, suit, and reasonable attorneys' fees occasioned
thereby. Such purchaser or transferee may, as an alternative to conforming their property to these
requirements, rescind the sale, or transfer and recover costs of investigation, suit, and reasonable
attorneys' fees occasioned thereby.
(7) The director of the department of community development has the authority to adopt rules and
regulations to carry out the provisions of this subtitle and has the authority to administer and
enforce this subtitle and any such rules and regulations. (Ord. 017-23 § 1 (Exh. A); Ord. 024-19 § 1
(Exh. 1); Ord. 019-17 § 18 (Exh. 1)).
20.82.050 Appea ls.
Appeals of decisions made pursuant to this subtitle shall be as set forth in the applicable chapter
and pursuant to Subtitle II (Permitting and Development Approval) of this title. (Ord. 019-17 § 18
(Exh. 1)).
276
Exhibit K
277
Chapter 20.98
IMPROVEMENTS
Sections:
20.98.010 Purpose.
20.98.020 Completion of public facilities and improvements.
20.98.030 Bonds.
20.98.040 Temporary improvements.
20.98.050 Cost of improvements.
20.98.060 Inspection and acceptance of improvements.
20.98.010 Purpose.
The purpose of this chapter is:
(1) To require the subdivider's submission of construction plans for development of the subdivision
to the city for review and approval of specific construction details for all public facilities;
(2) To ensure that the public facilities required as part of approvals granted under this subtitle are
built according to city standards;
(3) To address bonds between the city and property owners/subdividers, allowing a limited deferral
for the construction of public facilities associated with the approval; and
(4) To ensure that the required public facilities and public utilities are ready and available for use
when needed by the users of the subdivision. (Ord. 019-17 § 18 (Exh. 1)).
20.98.020 Completion of public facilities and improvements.
No final short plat, can be recorded or a final plat of a subdivision, unit lot subdivision or final
binding site plan approved, until all of the public facilities and other improvements as specified in
the short plat, _oreliminan unit lot subdivision, preliminary plat, or preliminary binding site plan are
constructed in a satisfactory manner and approved by the responsible departments. As an
alternative to such construction, the applicant may post a bond, or execute a development
agreement, with appropriate security in order to record the short plat or obtain approval of the final
plat, final unit lot subdivision, or binding site plan. (Ord. 019-17 § 18 (Exh. 1)).
20.98.030 Bonds.
(1) Performance Bond May Be Posted in Lieu of Construction. The city, in its sole discretion, may
waive the requirement that the public facilities or other improvements and dedications required
under this chapter be completed/satisfied prior to the recording of the short plat or approval of the
final plat, final unit lot subdivision. or final binding site plan, as long as the applicant posts a bond
in accordance with this section. The city's decision to allow the applicant to post a bond allows the
applicant to apply for building permits for lots in the plat , unit lot subdivision, or binding site plan
before the dedications have been made or the improvements constructed.
278
(2) When Performance Bond Is Appropriate. The city may consider a number of factors in the
determination whether to allow a bond to be posted by an applicant, including, but not limited to:
(a) The date of the applicant's request to post a bond in light of the deadline for recording of the
short plat, or the deadline for submission of final plat, final unit lot subdivision, or final binding site
plan applications, and the applicant's progress to date toward the completion of the public
facilities;
(b) The consequences that could result from the applicant's construction of the homes or other
development contemplated by the proposed approval, before the necessary public facilities are
completed/installed; and
(c) Any other issues that may affect the public health and safety.
(3) Acceptable Bonds. No bond shall be accepted by the city unless it is submitted on the form
approved in advance by the city attorney and from a bonding company licensed to do business in
the state of Washington. The city engineer shall determine the amount of the bond, which shall be
no less than 150 percent of the estimated cost of the public facilities or improvements. The city
engineer shall make a recommendation as to the length of the bond, which shall be no longer than
two years after the final approval.
(4) Warranty Bond. Once the public facilities have been constructed, the dedications made and city
has inspected and approved the public facilities, the applicant shall provide the city with a warranty
bond meeting all the requirements of this section to ensure the successful operation of the public
facilities, for a period of two years after such inspection and approval. (Ord. 019-17 § 18 (Exh. 1)).
20.98.040 Temporary improvements.
The applicant shall pay for and build all temporary improvements required by any approval, and
shall maintain those improvements as set forth in the approval. Prior to the construction of any
temporary improvement, the applicant shall provide a bond with a cash escrow or cash set aside in
an amount established by the city engineer to ensure that the temporary facilities/improvements
will be properly constructed, maintained, and timely removed. (Ord. 019-17 § 18 (Exh. 1)).
20.98.050 Cost of improvements.
All required public facilities and improvements shall be constructed by the applicant/property
owner, at their sole expense, without reimbursement by the city, unless otherwise specified in the
project permit approval or development agreement with the city. To the extent allowed by law, the
city may form or cause to be formed a local improvement district or latecomers' agreement for the
construction and financing of the required public facilities, excluding on -site improvements on
individual lots. If such district is formed or latecomer agreement signed, the applicant/property
owner shall not be released from its obligation (as set forth in the bonds, cash escrow, or cash set
aside) to construct the public facilities until complete or the city is satisfied that a subsequent
guarantee will cover performance. (Ord. 019-17 § 18 (Exh. 1)).
20.98.060 Inspection and acceptance of improvements.
279
(1) General Procedure. The subdivider/property owner shall pay an inspection fee based on the
estimated cost of the inspection, which fees shall be due and payable upon inspection. No building
permits or certificates of occupancy shall issue until the fees are paid. If the city engineer finds that
one or more of the required public facilities or other improvements have not been satisfactorily
constructed in accordance with the approved plans and specifications or other applicable
standards or regulations, the subdivider/property owner shall be responsible for any corrections
and completion of the improvements.
(2) Release of Security. The city will not accept dedication of required public facilities or
improvements, nor release nor reduce the amount of any security posted by the subdivider, until
the city engineer has submitted a certificate stating:
(a) That all required public facilities or other improvements have been satisfactorily completed; and
(b) The subdivider's engineer or surveyor has certified to the city engineer, through the submission
of a detailed "as built" survey plat of the subdivision, indicating location, dimensions, materials and
other information required by the city's public works standards, that the layout of the line and grade
of all transportation facilities, public facilities or other improvements is in accordance with the
approved construction plans for the subdivision or binding site plan.
(3) City's Acceptance and Dedications. Upon the recommendation for approval of the city engineer,
the city council shall thereafter accept the improvements for dedication in an ordinance or
resolution adopted for this purpose; the approval of a final plat, absent such resolution or
ordinance, shall not be deemed to constitute or imply acceptance by the city of any street,
easement, park, or other improvement on the plat.
(4) Maintenance of Improvements. The subdivider/property owner shall be required to maintain all
required public facilities until the dedication of same is formally accepted by the city. Following the
acceptance of the public facilities, the subdivider shall provide a warranty bond or other security to
the city as required by this chapter.
(5) Issuance of Building Permits and Certificates of Occupancy. When a bond has been accepted by
the city for the construction of public facilities or other improvements in a short plat, final plat, unit
lot subdivision, or final binding site plan, the city shall not issue a certificate of occupancy for any
building in the development prior to the completion of the required public facilities or
improvements and the acceptance of the dedication of those facilities or improvements by the city.
The city engineer may authorize the issuance of up to 50 percent of the building permits for the lots
in the subdivision if:
(a) The applicant is not in default of the subdivision improvement agreement; and
(b) The applicant has constructed and the city has inspected/accepted the public facilities or other
improvements necessary to serve the lots for which such building permit applications have been
submitted. (Ord. 019-17 § 18 (Exh. 1)).
280
Exhibit L
281
Chapter 20.100
DEVELOPMENT STANDARDS —SUBDIVISION DESIGN
Sections:
20.100.010 Purpose.
20.100.020 General requirements.
20.100.030 Lot layout.
20.100.040 Street standards.
20.100.050 Intersections, half -streets.
20.100.060 Street length.
20.100.070 Cul-de-sac streets.
20.100.080 Dead-end streets.
20.100.090 Street width and design.
20.100.100 Street offsets.
20.100.110 Curbs and gutters.
20.100.120 Private streets.
20.100.130 On -site recreation space for subdivisions.
20.100.010 Purpose.
(1) The purpose of this chapter is to ensure that subdivisions, short plats, unit lot subdivisions, and
binding site plans are compact, pedestrian -friendly, provide necessary infrastructure and services,
and contribute to the character of the town and surrounding neighborhoods, by providing building
and site design standards that:
(a) Reduce the visual impact of large residential buildings from adjacent streets and properties;
(b) Enhance the aesthetic character of large residential buildings;
(c) Contain sufficient flexibility of standards to encourage creative and innovative site and building
design;
(d) Meet the on -site recreation needs of project residents;
(e) Enhance aesthetics and environmental protection through site design;
(f) Allow for continued or adaptive re -use of historic resources while preserving their historic and
architectural integrity;
(g) Create pedestrian -friendly neighborhoods; and
(h) Provide for the orderly development of property.
282
(2) These guidelines do not alter the standards as provided in the underlying zoning districts defined
in this title. Projects shall comply with all relevant criteria set forth in this chapter. (Ord. 011-19 § 5
(Exh. 2); Ord. 008-18 § 9; Ord. 019-17 § 18 (Exh. 1)).
20.100.020 General requirements.
(1) Design in Accordance with City Standards. All subdivisions, short plats, unit lot subdivisions,
and binding site plans shall be designed in accordance with all city standards including but not
limited to the adopted city of Port Orchard Public Works Engineering Standards and Specifications
(PWESS) and the Port Orchard Ceomprehensive P-plan.
(2) Approach Roads and Access. All subdivisions, short plats, unit lot subdivisions, and binding site
plans with a single point of access must have no roadway that exceeds 300 feet or 60 dwelling units
from the access point or an average daily traffic (ADT) of greater than 1,200. All other subdivisions,
short plats, unit lot subdivisions, and binding site plans must have at least two points of vehicular
access and must be connected with improved roadways to the city's improved thoroughfare and
street system by two or more approach roads of the dimensions and standards hereinafter set
forth. An access road that is divided with 20 feet in each direction to the intersection of two streets
shall be considered two means of access.
(a) Requirements for dedication of right-of-way and improvement of approach roads, signalization,
median breaks, additional lanes and other traffic mitigation or safety improvements may be
increased depending upon the size or density of the proposed development, or if the need is
demonstrated by traffic impact analysis.
(b) An exception to standards under this subsection may be granted for a subdivision, short plat,
unit lot subdivision, or binding site plan may be allowed by the decision -making authority provided
a second emergency access that is controlled in a manner acceptable to the fire authority shall be
provided.
(c) Adequate lighting of access points shall be coordinated and provided by the subdivider.
(3) Roadway Network Connectivity.
(a) All proposed developments must have a connectivity index of 1.4-5 or greater. The connectivity
index shall be calculated by dividing the total number of links (streets including stub -out streets
that connect nodes) by the total number of nodes (intersections, cul-de-sac, no -outlets, dead -
ends).
283
MARINE
F ` .
■
(b) The decision -making authority may grant exceptions to these requirements only upon a finding
that the development is constrained by topographic features, existing development or other
impassable features.
(c) Street Right -of -Way Dedication. Street right-of-way dedications may be required as a condition
of subdivision, short plat, or binding site plan.
(d) Street Construction. All streets and thoroughfares providing access to a proposed subdivision,
short plat, unit lot subdivision, or binding site plan shall be constructed and paved to city standards
and within rights -of -way in accordance with the adopted PWESS, city's transportation plan, and
other adopted city standards.
(e) Intersection Improvements and Traffic Control Devices. Intersection improvements may be
required to ensure public safety as a condition of subdivision, short plat, unit lot subdivision, or
binding site plan and shall be designed and improved in accordance with the city's transportation
plan, adopted PWESS and/or nationally recognized standards subject to city review and
acceptance. Intersection improvements and/or traffic control devices shall be required only as a
result of the findings of a traffic impact analysis reviewed and accepted by the city.
(f) Private Streets. See POMC 20.100.120, Private streets.
(g) Access Management on City Streets. Subdivisions, short plats, unit lot subdivisions, and binding
site plans shall meet the access management standards found in the adopted PWESS.
(h) Access Management on State Highways. Subdivisions, short plats, unit lot subdivisions, and
binding site plans shall meet WSDOT access management standards. (Ord. 011-19 § 5 (Exh. 2)).
20.100.030 Lot layout.
284
Lots to be created within a proposed subdivision, short plat, unit lot subdivision, or binding site
plan should comply with the following requirements:
(1) Lot lines should be at right angles to street lines or radial to curvilinear streets unless a variation
will result in a better street or lot plan; and
(2) Corner lots should be graded to provide sufficient sight clearance at intersections. (Ord. 011-19
§ 5 (Exh. 2)).
20.100.040 Street standards.
(1) Arrangement of Streets and Conformance to the City of Port Orchard Comprehensive Plan
Transportation Element. Except as provided in subsection (1)(a) of this section, the city's adopted
transportation element shall be used to determine the minimum type of roadway, the general
location of the roadway, and the areas that the roadway is intended to connect as part of the
platting process. For streets that are not identified in the city's transportation element, such as
local residential streets, the arrangement of such streets within a subdivision shall:
(a) Conform to any plan for the neighborhood or subarea plan approved or adopted by the city to
meet a particular situation where topographical or other conditions make continuance or
conformity to existing streets impractical;
(b) Provide for future access, by stubbing streets for future extension, to adjacent vacant or
undeveloped areas which will likely not have incompatible land uses; and
(c) Not conflict in any way with existing or proposed driveway openings (including those on the other
side of an existing or planned median -divided arterial, in which case new streets shall align with
such driveway openings such that median openings can be shared).
(2) Projections and Related Requirements. Where adjoining unsubdivided areas exist, the
subdivision street arrangement shall make provision for projection of streets into such areas. Dead-
end streets shall otherwise be prohibited, except where projections into unsubdivided land are
necessary or where turnarounds are provided in accordance with POMC 20.100.080. Private streets
shall not be allowed to project beyond the subdivision boundary, and therefore shall not be allowed
to dead-end at the subdivision boundary.
(3) Transitions of Right -of -Way Width. Wherever the right-of-way width of a residential, local,
collector or arterial street must transition to a greater or lesser width, the transition shall not occur
within an intersection but within the street right-of-way so that the right-of-way shall be the same
on both sides of the street intersection.
(4) Configuration Shall Reduce Minimal Offsets. Intersecting streets onto an existing or future
divided roadway must be configured in accordance with POMC 20.100.100, Street offsets, such
that the centerline offset will accommodate the appropriate median opening and left -turn lanes
(with required transition and stacking distances) on each divided roadway, and shall be aligned with
any existing or proposed streets or driveways on the opposite side of the divided roadway (in order
to share the median opening). Median openings and offsets should be analyzed in the traffic impact
analysis, and a determination made if developments sharing a median opening may cause
additional traffic conflicts, where an exception to sharing a median opening may be made.
285
(5) Extensions of Existing Streets. New streets which extend existing streets shall bear the names of
the existing streets and shall be dedicated at equal or greater right-of-way widths than the existing
streets for an appropriate transition length, if applicable, unless a lesser street is justified by a TIA.
(6) Street Grades and Horizontal Curves. Minimum and maximum street grades and horizontal
curves shall conform to standards set forth in the Engineering Standards and Specifications and
the American Association of State Highway and Transportation Officials (AASHTO), or as otherwise
approved by the city engineer.
(7) Street Signs. Street signs shall be installed by the developer at all intersections within and
abutting the subdivision. These signs shall be of a type approved by the city, and shall be installed
according to city standards and in conformance with the Manual on Uniform Traffic Control
Devices.
(8) Streetlights. Streetlights shall be installed in accordance with the requirements set forth in the
adopted PWESS.
(9) Pedestrian Connectivity. Pedestrian connectivity and access shall be provided between
subdivisions, schools (where access is allowed by the school district), cut -de -sacs (i.e., bulb -to -
bulb access), adjacent areas available for future development, and park and open space areas.
(a) Residential developments shall provide links between cul-de-sacs or groups of buildin
activity centers. parks, common tracts, open spaces, schools or other public facilities, transit
stops, and public streets-
(10) Reserve Strips. Reserve strips controlling access to streets shall be prohibited except where
their control is required by the city and approved by the approving authority. (Ord. 011-19 § 5 (Exh.
2)).
20.100.050 Intersections, half -streets.
(1) Intersections. Street intersections shall be situated at an angle of 90 degrees, plus or minus 15
degrees, except where the intersection utilizes knuckles, turning heels or eyebrows in accordance
with the adopted PWESS. Such intersections shall maintain proper intersection visibility as
determined by the latest edition of AASHTO's "A policy on Geometric Design of Highways and
Streets." The major access driveway to large multifamily, commercial and industrial developments
shall also meet the requirements of this chapter.
(2) Half -Streets. Construction of half -streets shall be prohibited, except when essential to the
reasonable development of the subdivision, short plat, or binding site plan in conforming with the
other requirements of this code and the transportation element, and where the decision -making
authority makes a determination at the time of approval that there is no immediate benefit to be
gained by constructing the full street section since no access from the street will be needed by the
project in question. (Ord. 011-19 § 5 (Exh. 2)).
20.100.060 Street length.
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(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 Cut -De -Sac Street.
(a) No cul-de-sac served by one access point in any single-family, multifamily, industrial, or
commercial subdivision shall exceed 450 feet in length or the length as shown in Table
20.100.070(1), whichever is less.
(b) No cul-de-sac in any singie-faifflilserving a subdivision of lots zoned predominately for
residential use subdivision dastreet shall be designed to serve more than 25 single-famiiresidential
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;
287
(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.
(4) Cross -Reference. Also see POMC 20.100.070 for cul-de-sac requirements. (Ord. 033-20 § 9;
Ord. 011-19 § 5 (Exh. 2)).
20.100.070 Cul-de-sac streets.
Except where projecting into adjacent unsubdivided areas, any street having only one vehicular
access to another street shall be terminated by a permanent turnaround. Standards for both the
turnaround and its street approach are set forth within this section. Exceptions to these standards
shall be discouraged due to firefighting and solid waste collection requirements. Any turnaround,
either temporary or permanent, that does not meet these requirements shall be permanently
signed for no parking or marked as a fire lane in accordance with the adopted PWESS.
(1) That portion of any street extending from an intersection to a turnaround shall be improved and
rights -of -way platted with the minimal dimensions provided in Table 20.100.070(1) below.
Table 20.100.070(1): Width for Cut -de -Sac Streets for Certain Activities
Right -of -
Paving
Way
Activity Served
Width*
Width
Additional Requirements
Less than 12 dwellings
20'
45'
300 feet maximum length
12 — 25 dwelling units
20'
45'
450 feet maximum length — Single-
family, duplex housing**
Nonresidential zoning districts
26'
52'
300 feet maximum length
(except as otherwise specified)
Industrial districts
26'
52'
300 feet maximum length
* Measured from the front of adjoining curbs.
288
** Cut -de -sacs (dead-end streets) serving tripiex, eltiadraplex middle housing and higher density
multifamily uses shall be discouraged. Exceptions may be granted by the hearing examiner where
no alternative exists and meeting the industrial district's standard or in infill development
situations.
(2) The turnaround portion of any cul-de-sac shall be improved, and rights -of -way platted, as
prescribed below:
Table 20.100.070(2): Width for Cut -de -Sac Turnarounds for Certain Activities
Activity Served
Paving
Width*
Right -of -Way
Width
Residential and nonresidential zoning districts
(except as otherwise specified)
90' diameter
110' diameter
Industrial districts
96' diameter
120' diameter
* Measured to front of adjoining curbs.
(Ord. 050-22 § 9; Ord. 0 11 -19 § 5 (Exh. 2)).
20.100.080 Dead-end streets.
Except when recommended by the department of community development, no public dead-end
streets will be approved unless they are provided to connect with existing streets (including
stubbed -out streets) or future platted streets on adjacent land.
(1) In the case of dead-end streets which will eventually be extended into the adjacent property, no
more than one lot (per side) can front onto the dead-end street stub unless a temporary turnaround
bulb (with the appropriate temporary street easement) is provided at the end.
(2) A temporary dead-end street shall not exceed the maximum allowed length of a normal cut -de -
sac, and the temporary turnaround bulb must be constructed like a cul-de-sac, as provided in
POMC 20.100.070, Cul-de-sac streets.
(3) A note shall be placed on the final plat, short plat, unit lot subdivision, or binding site plan
clearly labeling any temporary dead-end streets (if any) that will at some point be extended into the
adjacent property. Any required temporary turnaround easements shall be shown on the final plat
along with their appropriate recording information, if they are off site or established by separate
instrument. (Ord. 011-19 § 5 (Exh. 2)).
20.100.090 Street width and design.
(1) Pavement Widths and Rights -of -Way. Pavement widths and design and rights -of -way shall be as
designated in the adopted PWESS; provided, that for local access streets, the subdivision also
meets the applicable block length requirements of POMC 20.100.060 and connectivity index in
POMC 20.100.020.
(2) Design. Streets shall be designed according to the following requirements:
289
(a) Arterial. Streets shall be designed to accommodate cross -city traffic movement,
distributing traffic to and from collector streets;
(b) Collector. Streets shall be designed to collect traffic from local streets and connect with
arterial streets and freeways;
(c) Residential Collector. Generally, the term "subcollector" shall refer to streets designed
to accommodate traffic movement from local streets to higher classifications of streets as well as
provide direct access to activity on individual lots. Specifically, a subcollector may be defined as
any street or portion thereof providing direct access to property within commercial or industrial
districts as designated on the official zoning map of the city of Port Orchard, any street or portion
thereof providing the shortest direct route to a collector street for 25 dwelling units or more, or any
street segment extending without offset from a collector street and connecting two or more
collector streets. Where subcollector streets are terminated by a permanent turnaround, standards
for street width and paving shall be as described in the engineering standards and specifications;
(d) Local. Streets shall be designed to provide direct access to residential activity, and in
such a way as to encourage connectivity of the roadway network, but discourage cut -through
traffic. (Ord. 011-19 § 5 (Exh. 2)).
20.100.100 Street offsets.
Intersection Offsets. Where parallel streets intersect another street, the centerline of those streets
shall be offset a minimum of 120 feet, unless a stricter standard is adopted in a subarea or corridor
plan. (Ord. 011-19 § 5 (Exh. 2)).
20.100.110 Curbs and gutters.
Curbs and gutters shall be installed according to the provisions of this chapter and to the adopted
PWESS. Combination curb and gutter improvements shall be provided to mark the edge of
pavement and carry surface water, as set forth below:
(1) Beside Arterial and Collector Streets. The subdivider shall install curbs on both sides of all
arterial and collector streets within the subdivision, and on one side of all such streets along the
subdivision frontage.
(2) Beside Local Streets. The subdivider shall install curbs on both sides of all local streets within
the subdivision and at subdivision boundaries, except for existing boundary streets, in which case
curb and gutter installation shall be required on the subdivision's frontage only.
(3) At Street Intersections. The minimum curvature of curbs at street intersections shall be as
prescribed in the adopted PWESS and shall maintain proper stopping sight distance as determined
by the latest edition of AASHTO's "A policy on Geometric Design of Highways and Streets." (Ord.
011-19 § 5 (Exh. 2)).
20.100.110 On -street Parking.
20.100.120 Private streets.
290
(1) Permitted Only as Local Street. Private streets shall require approval as an exception at the time
of preliminary plat approval by the hearing examiner in accordance with this title. No streets or
thoroughfares shown in the adopted Ceity of Port Orchard Ceomprehensive Pplan may be a
nonpublic street. Construction and development of private streets shall meet the standards for
right-of-way width and improvement as set forth in this chapter as applied to public streets.
(2) Classification. At the time a private street is proposed, it shall be classified as either a local
access or subcollector street, as described herein, and made to conform in all respects with right-
of-way paving, curb and gutter, construction, and design requirements as applicable to a public
street.
(3) Subdivision Boundary Streets. New subdivision boundary streets (streets proposed or
constructed along a subdivision perimeter boundary) shall not be private.
(4) Private Streets, General. In order to be considered for an exception to allow the construction of
private streets, the developer shall meet the requirements set out in this section.
(a) Construction. All private streets shall be designed, constructed, and maintained to meet
city standards. The construction and improvement plans shall be reviewed by the city in the same
manner as construction and improvement plans for public infrastructure. The city shall not
participate in any portion of the cost of constructing a private street.
(b) Inspection During Construction. All private streets shall be subject to inspections by city
staff in the same manner, at the same intervals, as public streets, including the payment of
applicable inspection fees. A construction schedule shall be submitted with the construction and
improvement plans in order to assist in scheduling the inspections. Failure to pass an inspection
and meet city construction standards shall require reinspection, and reconstruction, as necessary.
No certificates of occupancy shall be released for structures along a private street until all
inspections shall have been completed satisfactorily.
(c) Traffic Control Devices. All private traffic control devices and regulatory signs shall
conform to the "Manual of Uniform Traffic Control Devices," as amended, and to city standards.
(d) Restricted Access. The subdivision homeowners association shall clearly mark
entrances to all private streets with a sign, in accordance with the adopted PWESS, placed in a
prominent and visible location, indicating that the streets within the subdivision are private, and not
maintained nor regularly patrolled by the city. All restricted access entrances shall be manned 24
hours every day, or they shall provide a reliable, alternative means of ensuring access into the
subdivision by the city, by emergency service providers, and by other utility or public service
providers, such as postal carriers and utility companies, with appropriate identification. The
method used to ensure city and emergency access into the subdivision shall be approved by South
Kitsap Fire and Rescue and by any other applicable emergency service providers during the final
platting process. Gates on private streets shall provide a traffic queue analysis and provide
adequate on -street storage in advance of the gate. If the homeowners association fails to maintain
reliable access as required by city codes, the city may enter the private street subdivision and
remove any gate or device that is a barrier to access, and bill the expense to the association. If the
291
bill is not paid, the city may file alien for the expense against any property owned by the
association.
(e) Waiver of Services. Certain city services may not be provided for private street
subdivisions, including street maintenance, routine law enforcement patrols, enforcement of traffic
and parking regulations, preparation of accident reports, and payment of costs for street lighting. A
note as to waiver of services may be required on the face of the plat.
(f) Street Lighting. Street lighting as required by this title shall be entirely at the expense of
the developer and subsequent property owners. Decorative poles or alternative spacing may be
approved by the city engineer, who shall make such recommendation based on the lighting type,
the lumens necessary to effectuate safe traffic and pedestrian travel, and a finding that the
proposed lighting plan provides as well or better for the health, safety and welfare of the future
residents of the private street subdivisions.
(g) Maintenance. The developer shall provide for the establishment of a homeowners or
property owners association, in covenants, conditions, and restrictions (CCRs), to assume the
obligation of perpetual maintenance of private streets and other improvements held privately,
including a mandatory assessment for such private streets and improvements to be placed on all
property owners within the subdivision, allowance for city staff to inspect the streets to assure they
are being maintained to city standards, hold harmless provisions as required in subsection (5) of
this section, and providing for notice to the city attorney and city manager of any amendments to
these relevant sections. The city shall be a necessary party for the amendment of any portions of
the CCRs dealing with these requirements. The proposed CCRs shall be submitted for review by the
city attorney at the time of filing the preliminary plat. The city attorney shall review the CCRs to
ensure that the requirements of this section are met, and shall submit recommended changes to
the developer, who shall incorporate such changes. Absence of city attorney approval of the CCRs
shall require the denial of the exception for private streets.
(h) Petition to Convert to Public Streets. A property owners association may petition the city
to accept private streets and any associated property as public streets and right-of-way upon
written notice to all association members, and the favorable vote of a majority of the membership,
or as required in the CCRs. A dedication instrument shall also be submitted, and shall be reviewed
and the final form approved by the city attorney prior to submission of this request to city council.
The city shall not be required to accept any private streets for public dedication and maintenance.
The staff shall review the request and make a recommendation to city council. City council shall
make their decision based on the public health, safety and welfare considerations of the streets. As
a condition of accepting the dedication and maintenance of private streets, the city may impose a
requirement for repairs and improvements at private expense prior to acceptance, enter into an
agreement for an assessment or pro-rata sharing of costs for repairs or improvements prior to
acceptance, or other legal or equitable options to ensure that the streets being accepted are not a
Liability to the city. The city shall be the sole judge of the nature and extent of repairs or
improvements needed. The city may also require, at the sole expense of the association's or
property owner's expense, the removal of any guard houses, access control devices, landscaping or
other amenities located within the streets or common areas prior to city acceptance.
292
(5) Hold Harmless. The property owners association, as owner of the private streets and
appurtenances, shall release, indemnify, defend and hold harmless the city, any other
governmental entity, and any public utility entity for damages to the private streets that may be
occasioned by the reasonable use of the private streets by same, and for damages and injury
(including death) arising from the condition of the private streets, out of any use of access gates or
cross arms, or out of any use of the subdivision by the city or governmental or utility entity. (Ord.
011-19 § 5 (Exh. 2)).
20.100.130 On -site recreation space for subdivisions.
(1) Purpose. The purpose of this chapter is to ensure that adequate, usable, passive and active
recreational opportunities are provided for residents of new subdivisions.
(2) Applicability. On -site recreation space shall be provided for new residential subdivisions
consisting of 10 or more new dwellings. The establishment of backyard cottages or accessory
dwelling units shall not trigger requirements for additional on -site recreation facilities when those
building types are constructed within an existing subdivision.
(3) On -Site Open Space Quantity Requirements.
(a) On -site recreation space shall be provided in accordance with Table 20.100.130(3).
Table 20.100.130(3)
Number of
Dwelling Units in
Subdivision
Amount of On -Site
Recreation Space
Required per Each
Dwelling Unit
10 — 40
300 sq ft
41 —100
250 sq ft
Units over 100
150 sq ft
*To illustrate the implementation of Table 20.100.130(3), a 110-lot subdivision would require 300
square feet of open space per unit for the first 40 units, 250 square feet of open space for the next
60 units, and 150 square feet of open space for the final 10 units. (40*300)+(60*250)+(10*150)=
28,500 square feet of required open space for a 110-lot subdivision.
(b) The requirements in Table 20.100.130(3) may be reduced by up to 50 percent for
residential development that is located within one -quarter mile walking distance of a public park.
The director shall determine the amount of reduction based on the following:
park;
(i) The availability of safe pedestrian facilities connecting the development to the
(ii) The ability of the park facilities to accommodate additional usage by residents of
the development; and
293
(iii) The number of park facilities located within one -quarter -mile distance.
(4) On -Site Open Space Design.
(a) On -site recreation open space shall be designed as follows:
(i) On -site recreation open space shall be located in a separate tract from the
residential dwellings; shall have an undivided ownership interest by the homeowners of the
development; and shall have a deed restriction recorded for the tract that restricts the use
of the tract to recreational uses;
(ii) At least 40 percent of the total required on -site recreation open space shall be
consolidated in one location within the development;
(iii) At least 75 percent of the total required on -site recreation open space shall be
Located outside of critical areas other than buffers identified in Chapter 20.162 POMC;
(iv) On -site recreation open space shall be developed for active and passive uses. At
Least 50 percent of the on -site recreation open space shall be designed and improved for
one or more active uses. When an area of on -site recreation open space is designed and
improved for active uses other than improved pedestrian or bicycle paths with hard
surfaces, the average width of the area shall be at least equal to half of the average length of
the area. Active uses include, but are not limited to:
(A) Playgrounds developed with children's play equipment;
(B) Improved pedestrian or bicycle paths with hard surfaces;
(C) Sports fields (such as soccer or softball fields), with associated
improvements;
(D) Indoor or outdoor sports courts (such as volleyball, basketball or tennis
courts), swimming pools, and similar facilities;
(E) Covered Ppicnic areas with permanent tables and, benches Or
(F) Community clubhouse and meeting facilities;
(G) Community gardens for use by the residents;
(H) Plazas with lighting, artwork, and sitting space for pedestrians at four or
more spaces for every required 100 square feet of area; and
(1) Other similar uses approved by the director;
(v) Passive uses include critical areas that cannot be developed, nature interpretive
areas, bird watching facilities, unimproved trails, and similar uses approved by the director;
(vi) The following drainage facilities may be counted as on -site passive recreation
space:
294
area;
(A) Unfenced detention, retention and wet ponds; provided, that pathways
and viewing areas surround the pond;
(B) Stormwater treatment wetlands;
(C) Stormwater infiltration trenches and bioswales that serve more than one
dwelling; and
(D) Vegetated areas located above underground detention facilities;
(vii) No on -site recreation open space tract shall contain less than 700 square feet in
(viii) On -site recreation open space shall have at least 50 feet of frontage on a public
right-of-way or private street tract;
(ix) All recreation open space tracts shall be developed, landscaped and maintained
so that a high level of visibility is provided from the public right-of-way or private street tract
to playgrounds and other areas intended primarily for use by children;
(x) If a single active on -site recreation open space tract is provided, it shall be
centrally located within the subdivision, so that it is within one -quarter -mile walking
distance for at least 90 percent of the dwelling units. If the subdivision area is too large for
this standard to be met with one recreation open space tract, an additional recreation open
space tract or tracts shall be required;
(xi) Access for pedestrians shall be provided from all dwellings within the
development to the on -site recreation space through trails, sidewalks, pathways and other
similar means of access; and
(xii) On -site recreation space shall not include privately owned yards. (Ord. 030-19
§ 2).
295
Exhibit M
296
Chapter 20.122
BUILDING ELEMENTS*
Sections:
20.122.010 Intent.
20.122.020 Awning and canopy.
20.122.030 Balcony.
20.122.040 Forecourt.
20.122.050 Gallery.
20.122.060 Porch.
20.122.070 Stoop.
20.122.080 Landing
* Prior legislation: Ords. 019-17 and 010-18.
20.122.010 Intent.
The following standards are intended to supplement Chapter 20.32 POMC and ensure that
certain building elements, when added to a street -facing facade, are of sufficient size to be
both usable and functional and be architecturally compatible with the building they are
attached to.
20.122.020 Awning and canopy.
A wall -mounted, cantilevered structure providing shade and cover from the weather for a
sidewalk.
297
(1) An awning/canopy must be a minimum of nine feet clear height above the sidewalk and
must have a minimum depth of six feet.
(2) An awning/canopy may extend into a primary or side street setback.
(3) An awning/canopy may encroach up to six feet into the public right-of-way but must be
at least two feet inside the curb line or edge of pavement, whichever is greater.
20.122.030 Balcony.
A platform projecting from the wall of an upper story of a building with a railing along its
outer edge, often with access from a door or window.
�I
(1) A balcony must be at least four feet deep.
(2) A balcony must have a clear height above the sidewalk of at least nine feet.
(3) A balcony may be covered and screened but cannot be fully enclosed.
(4) A balcony may extend into a primary or side street setback.
(5) A balcony may encroach up to six feet into the public right-of-way but must be at least
two feet inside the curb line or edge of pavement, whichever is greater.
20.122.040 Forecourt.
An open area at grade, or within 30 inches of grade, that serves as an open space, plaza or
outdoor dining area.
298
v DI bLdS p vM upt a rrm
F 1
(1) A forecourt must be no more than one -thin -haLtof the length width of the street -facing
buildingfa-eefaLa__de, and in no case Longer more than 3-55-45 feet in width.
(2) The depth of the forecourt must otmav exceed the general width,__b_ut. may
be no more than 35-45 feet in depth.
(3) A maximum of one forecourt is permitted per {et it in .
(4) A forecourt meeting the above requirements is considered part of the building for the
purpose of measuring the build -to zone. -
(5) A forecourt shall be improved to meet the minimum requirements of pedestrian -
oriented space as described in POMC 20.127.350(41.
20.122.050 Gallery.
A covered passage extending along the outside wall of a building supported by arches or
columns that is open on three sides.
299
(1) A gallery must have a clear depth from the support columns to the building's facade of
at least eight feet and a clear height above the sidewalk of at least nine feet.
(2) A gallery must be contiguous and extend over at least 75 percent of the width of the
building facade from which it projects.
(3) A gallery may extend into a primary or side street setback.
(4) A gallery may encroach up to nine feet into the public right-of-way but must be at least
two feet inside the curb line or edge of pavement, whichever is greater.
20.122.060 Porch.
A raised structure attached to a building, forming a covered entrance to a doorway.
�� r � [.jai �i uaR.. u� u r ►� ■ ►a. ur ■.1I! a a. :a� ■i:r' aiti�.ta iii as i u r u ■iia air wi iiai vvr �.w
300
000�'- 1*
1< 1< >1 >I
The 50 percent porch shall be measured to include the habitable ground floor
portion of the detached house only.
F—— z°
d Minimum 5°5--��....-.. y
(1) A front porch must beat least six feet deep (not including the steps) when measured
from the building facade to end of the porch. A portion of the porch, not to exceed 25
percent of the porch's width, 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 it in containing an attached side -by -side
garage.
301
(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.
20.122.070 Stoop.
A small raised platform that serves as an entrance to a building.
(1) A stoop must be no more than six feet deep (not including the steps) and six feet wide.
(2) A stoop may be covered but cannot be fully enclosed.
(3) A stoop may extend up to six feet, including the steps, into a required setback; provided,
that such extension is at least two feet from the vertical plane of any lot line.
(4) A stoop may not encroach into the public right-of-way.
20.122.080 Landing.
A hardscape pad beneath an exterior door.
(1) A landing must be at least 36 inches in the direction of travel and the width of the
doorway.
(2) A landing should be 48 inches in the direction of travel.
(3) A landing may not be covered,
(4) A landing may extend into a required setback; provided, that such extension does
not encroach on public right-of-way or another fee-sim 1p a lot.
302
Exhibit N
303
Chapter 20.124
DEVELOPMENT STANDARDS — PARKING AND CIRCULATION
Sections:
20.124.010 Purpose.
20.124.020 Authority and application.
20.124.030 Off-street parking spaces requirement.
20.124.040 Bicycle parking required.
20.124.050 Electric vehicle parking required.
20.124.060 Accessible parking requirements.
20.124.070 Stacking spaces for drive -through facilities.
20.124.080 Transit and rideshare provisions.
20.124.090 Vehicle access, carports, garages, and driveway
20.124.100 Off-street parking design standards.
20.124.110 Compact car allowance requirements.
20.124.120 Internal circulation road standards.
20.124.130 Downtown mixed use parking standards.
20.124.135 Downtown subarea residential parking standards.
20.124.140 Minimum parking standards.
20.124.150 Minimum parking stall dimensions.
20.124.010 Purpose.
The purpose of this chapter is to:
(1) Implement the city's comprehensive plan;
(2) Ensure that the city's supply of available parking matches parking demand most of the time;
(3) Encourage the continued development of Port Orchard as a walkable community;
(4) Support the efficient provision of transit services including buses and passenger ferries;
(5) Support transit -oriented development in local centers;
(6) Limit the creation of unnecessary new impervious surfaces;
(7) Ensure the efficient use of available and existing parking;
(8) Provide alternatives to single occupant vehicle trips;
304
(9) Encourage the creation of housing that is affordable to all segments of the population;
(10) Provide housing, employment, and commerce opportunities to residents who, by choice or
other limitation, do not own a car;
(11) Recognize innovations in transportation including car sharing, ride sharing, bike sharing, and
other emerging technologies that are likely to change transportation patterns in the future;
(12) Recognize that the city's goals related to the development of walkable local centers is hindered
by restrictive parking minimums and that expansion of transit service as an alternative to single
occupant vehicle ownership is hindered by the lack of development in local centers; and
(13) Support the commitment expressed in the city's comprehensive plan to reduce greenhouse
gas emissions. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1)).
20.124.020 Authority and application.
(1) The city shall not issue any land use approval (including building permits, subdivisions,
conditional use permits, binding site plans, short subdivisions, or other similar approvals which
have the effect of creating a parking demand) or issue an occupancy permit for any new building or
a change in use unless the use complies with the parking requirements found in this chapter.
(2) Parking studies prepared by individuals with expertise in traffic and parking analysis may be
required at the discretion of the director for unique projects which don't fit squarely in the land use
categories contained herein. The director may require that such studies be evaluated and reviewed
by outside experts hired by the city at the developer's expense prior to city acceptance.
(3) Required parking may be provided off site if contracts and/or deed restrictions are provided to
ensure the satisfaction of the minimum parking quantity requirements found in this chapter in
perpetuity. Should the parking quantity requirements found in this chapter change, a contract
and/or deed restriction may be amended by agreement with the city so long as minimum parking
quantity requirements continue to be met under the new standard. (Ord. 011-19 § 5 (Exh. 2); Ord.
019-17 § 18 (Exh. 1)).
20.124.030 Off-street parking spaces requirement.
(1) Off-street parking areas shall contain at a minimum the number of vehicle and bicycle parking
spaces set forth in POMC 20.124.040 and 20.124.140. Off-street parking ratios expressed as
number of spaces per square feet means the gross square footage of floor area. If the formula for
determining the number of off-street parking spaces results in a fraction, the number of off-street
parking spaces shall be rounded to the nearest whole number with fractions of 0.50 or greater
rounding up and fractions below 0.50 rounding down.
(2) An applicant may request a modification of the minimum required number of parking spaces by
submitting an application for an administrative variance Ttype 2 pursuant to POMC 20.28.150.
(3) When the city has received a shell -and -core building permit application, off-street parking
requirements shall be based on the possible tenant improvements or uses authorized by the zone
designation and compatible with the limitations of the shell -and -core permit. When the range of
305
possible uses result in different parking requirements, the director will establish the amount of
required parking based on a likely range of uses. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1)).
20.124.040 Bicycle parking required.
(1) Bicycle parking facilities shall be provided for new buildings or facilities, additions to or
enlargements of existing buildings, or for changes in the use of buildings or facilities that result in
the need for additional auto parking facilities in accordance with the parking requirements in POMC
20.124.140 and where required in Table 20.124.140. The director is authorized to approve
modifications to these standards when the applicant successfully demonstrates that the proposed
alternative layout, location, design or type of racking meets the intent of these standards.
(2) The number of required bicycle parking spaces shall be calculated as shown in Table
20.124.140.
(3) Individual bicycle parking spaces shall be a minimum of 75 inches long by 24 inches wide for
each space. Where double -sided multi -racks are utilized resulting in overlapping of bicycle parking
spaces, the minimum bicycle parking space for two bicycles shall be 100 inches long by 36 inches
wide.
(4) Bicycle parking racks shall be located in areas visible from public right-of-way and shall be
provided with adequate lighting if intended for use after dark. A minimum of 50 percent of the
required number of bicycle parking spaces shall be located within 50 feet of a public entrance to
the building requiring bicycle parking spaces.
(5) Bicycle parking racks shall support the bikes in a stable, upright position, without damage to
wheels, frame or other components.
(6) Bicycle parking racks shall support the frame of the bicycle at two points of contact and at least
one wheel. Racks shall allow the frame and one wheel to be locked to the rack, regardless of
whether the front wheel is removed or not. Racks shall be securely anchored. Racks shall
accommodate a wide variety of sizes and types of bicycles, including those with water bottles or
without kick stands.
(7) Bicycle parking racks shall be permanently mounted/installed within private property on solid
surfaces. Racks placed adjacent to sidewalks shall not encroach upon required pedestrian access
ways, accessible routes or accessible passing space areas.
(8) Access shall be provided to each required bicycle parking space. Aisles shall have a width of at
least three feet to the front, rear or side of the bicycle parking spaces.
(9) Racks shall be placed a minimum of 24 inches away from walls and other elements that may
create an obstacle to accessing the bike parking spaces.
(10) Where the required bicycle parking spaces cannot be properly located upon the property
generating the need for bicycle parking, the owner or applicant of the property generating the need
for bicycle parking may apply for a street use from the city for permission to locate the bicycle
parking on city right-of-way.
306
- -- -- -- -- - - ------ - --- --- - - -- -- -- --- --- -- ----- ----- --
- - ... - .. .. ..- UG13-. .
parking required.
Electroc vehicle p-arking shaLl be provided in quantities as prescribed by the —Washington State
III
- - - - - ' - - - - - - ' - -
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307
308
309
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kmnit;e Spada
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owwm
AOcessibleEV Charaind Station
- includes charging equlpmentr signage,
I U
and balder free routes to ch-arging
SIPnage
equipment and the building.
Guidance
- T-ne barrier tree area adjacent to the
1
Accessible EV Station shall be s Ved atld
Eli
be a minimum of 44' wide_
I
R�C�lir 1
EV Charging Station
Psrkft
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space I
..............
310
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• Includes charging equipment, signage.
and barrier free routes to charging
equlpment an(f Me buildling-
" Th e b arrier, free area adjacer# to the
DaSignated Accessible Space shal he
Strlpe d and be 60° or 96' wide.
EV Charging Station,
■ Chargingequlpmeat and signage
Regugw
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311
(16) Signage for parking of electric vehicles shall inciude:
(a) Informati011 011 tile ChEII'gHIg station to identify voitage and amperage ievels and any time of tise,
fees, or safety informati
(b) As appropriate, directional signs to effeetiveiy guide motorists to the Charging station space(s).
o:7) eoonai signage. eptionat informatien may be posted to alert potential ehargHig station t1sers
to other expeetations.
parking spaces by appiyangfor an administrative variance type 2 pursuant to POW 20.1-24-0-90(2).
Rehef tinder an administrative variance type 2 pursuant to POPIC 20.124.003300(2) may include but
not Limited to allowing the installation of electrical conduits and sizing paneis and eleeb"
services to standard parking stalls in support of the future instaiiation of charging facRities while
delaying requH,effleMS f0l' installing wiring and chargers as a Condition of the project.
20.124.060 Accessible parking requirements.
Off-street accessible parking shall be provided in accordance with the Americans with Disabilities
Act of 1990, or as subsequently amended, and all state and federal standards including but not
Limited to the minimum number of standard and van accessible spaces based on the total off-
street parking facility size. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1)).
20.124.070 Stacking spaces for drive -through facilities.
(1) A stacking space shall be an area measuring eight feet by 20 feet with direct forward access to a
service window of a drive -through facility. A stacking space shall be located to prevent any vehicle
from extending onto the public right-of-way or interfering with any pedestrian circulation, traffic
maneuvering, or other parking space areas. Stacking spaces for drive -through or drive-in uses may
not be counted as required parking spaces.
(2) Uses providing drive -up or drive -through services shall provide vehicle stacking spaces in the
following serial or combined sequence per lane of drive -up window; such required spaces shall
include the drive -up window space itself:
312
(a) For each service window of a drive -through restaurant, a minimum of five stacking
spaces shall be provided.
(b) For all other uses, each drive -up window requires a minimum of three stacking spaces.
(c) The director may require a vehicle stacking study for proposals if evidence exists to
indicate that more than the minimum stacking spaces under subsections (2)(a) and (b) of this
section are required to serve a particular use or development.
(3) Stacking spaces shall be screened from the right-of-way and adjacent properties using a five-
foot type A or B landscape buffer as described in POMC 20.128.060. (Ord. 011-19 § 5 (Exh. 2); Ord.
019-17 § 18 (Exh. 1)).
20.124.080 Transit and rideshare provisions.
To support the use of ridesharing as an alternative mode of transportation that will aid the city in its
efforts to reduce air pollution, traffic congestion, and fossil fuel consumption, the following shall
apply:
(1) All land uses with 25 employees working at any given work site during a single work shift listed
under the government/business services and manufacturing tables shall be required to reserve
parking spaces for registered rideshare vehicle parking as follows:
(a) There shall be a minimum of one open parking space reserved for an employee rideshare
vehicle, and all registered rideshare vehicles shall have a reserved parking space.
(b) Avehicle parked in a rideshare vehicle only parking space must be registered in Kitsap
Transit's countywide public rideshare vehicle registration program, qualify as a rideshare vehicle as
defined by Kitsap Transit, and display a valid car/vanpool pass.
(c) Each rideshare vehicle parking space shall be clearly labeled with a Kitsap Transit
carpool or vanpool parking sign.
(d) Except for disabled parking spaces, rideshare vehicle parking spaces shall be located
closer to the primary employee entrance than any other employee parking spaces.
(2) When one or more scheduLed transit routes provide service within 660 feet of the employment
s6te and there is designated pedestrian access, the coninitinity development director may reduce
the number of required off- street parking spaee�-.
(32) All uses which are located on an existing transit route and are required under the computation
for required off-street parking to provide more than 200 parking spaces may be required to provide
transit shelters, bus turnout lanes or other transit improvements as a condition of permit approval.
shelters *f transit routes adjoin the (Ord. 017-23 § 5 (Exh. A); Ord. 011-19 § 5 (Exh. 2); Ord. 019-
17 § 18 (Exh. 1)).
20.124.090 Pedestrian circulation and access.Vehicle access, carte_garages, and
driveways.
313
MIMINT39F. M!,1111renl - . 1 .. ..� -
.. .� .. u. . -.. - 1I. a-- M- 1:111IT: 11!11111
...n. ' •- ..
• The garage, • -.. or . parking area *s separated from the street property n-e
bv a Ovetthig, .
(4) All detached garages and carports shall not protrude beyond the front building fagade�
WITMATOMMrsR . - . . - • -
-...- I- Jill. . . -., ....,--
Dwelling Unit
Dwelling Unit Dwelling Unit
G2 G3 Entry
T
a �� a
y
D2 D3—�
Dwelling Unit Dwelling Unit
-------------
try G1 Entry G2�
Individual Individual
Driveway Driveway
Lot Frontage Lot Frontage—
Sidewalk � � � Sidewalk
Street Street
Lot Frontage
must be no more than 60%
Lot Frontage
(D1 +D2+D3) must not exceed 32 feet per frontage
Individual driveway width (any " N") shall not exceed 20 feet
314
---- -- ------ --- -- --- -- -- - OEM=
20.124.100 Off-street parking design standards.
(1) The most distant parking space shall not be located more than 1,000 feet away from the nearest
building entrance it is required to serve. Where the off-street parking areas do not abut the buildings
they serve, the required maximum distance shall be measured from the nearest building entrance
that the parking area serves:
(a) In designated local centers, required parking spaces may be located on consolidated
off -site parking lots distributed at accessible locations within the center.
(2) Minimum parking space and aisle dimensions shall be determined by the director. Regardless of
the parking angle, one-way aisles shall be at least 10 feet wide, and two-way aisles shall be at least
20 feet wide.
315
(3) Any parking spaces abutting a landscaped area on the driver or passenger side of the vehicle
shall provide an additional 18 inches above the minimum space width requirement to provide a
place to step other than in the landscaped area. The additional width shall be separated from the
adjacent parking space by a parking space division stripe. The parking space depth may be reduced
when vehicles overhang a walkway under the following conditions:
(a) Wheelstops or curbs are installed; and
(b) The remaining walkway provides a minimum of 60 inches of unimpeded passageway for
pedestrians.
(4) The amount of spaee parking stall depth reduction is limited to a maximum of 18 inches.
(5) Lighting of off-street parking areas shall be provided for safety of traffic and pedestrian
circulation on the site, as specified in the International Building Code. Lighting shall be designed to
minimize direct illumination of abutting properties and adjacent streets. The director shall have the
authority to determine lighting requirements including requiring the preparation of lighting plans to
determine the adequacy of on -site lighting as well as the off -site lighting impacts.
(6) Tandem or end -to -end parking is allowed in single-family detached residential developments.
Driveways crossing required setback areas may be used for parking when serving single-family
detached dwellings. but shall not be considered for purposes of caietRating reqUired parking.
Attached single-family and multifamily developments may have tandem parking areas for each
dwelling unit but shall not combine parking for separate dwelling units in tandem parking areas.
(7) All vehicle parking and maneuvering areas serving a development activity shall be an asphalt or
concrete surface, except in industrial zones where only required vehicle parking and related
maneuvering areas must be paved.
(8) Low impact development (LID) best management practices (BMPs) shall be used for all parking
lot design and construction, unless site and soil conditions make LID infeasible as determined by
the city. LID BMPs for parking lot design and construction include, but are not limited to:
(a) Pervious surfacing;
(b) Integrating stormwater management facilities, such as bioretention swales, with
required parking lot landscaping; and
(c) Using native species in the landscape design.
LID BMPs shall be designed and constructed in accordance with the LID Technical Guidance
Manual for Puget Sound (current edition). (Ord. 011-19 § 5 (Exh. 2); Ord. 010-18 § 20).
20.124.110 Compact car allowance requirements.
Subject to director review and approval, up to 40 percent of the total number of spaces to be
provided in any development may be sized to accommodate compact cars. Aisle widths shall
conform to the standards set for standard size cars. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh.
1). Formerly 20.124.120).
20.124.120 Internal circulation road standards.
316
Internal access roads to off-street parking areas shall conform with or exceed the surfacing and
design requirements of the most recent adopted edition of the Port Orchard Public Works
Eengineering Sstandards and Sspecifications. (Ord. 059-21 § 12; Ord. 011-19 § 5 (Exh. 2); Ord. 019
17 § 18 (Exh. 1). Formerly 20.124.130).
20.124.130 Downtown mixed use parking standards.
Except as otherwise provided in this section, development within the Ddowntown Mfftixed_ Utrse
zone (DMU) shall provide parking in accordance with the off-street parking requirements set forth in
this chapter.
(1) Parking shall not be required for ground floor uses in the DMU zone in the downtown subarea
(seethe downtown Port Orehard stibarea pi City of Port Orchard Comprehensive Plan Appendix
D_).
.W_....AiJ._...1A7..i�.._�1......_T_7._!�J_.
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20.124,040,
(3) No new street level parking lot or parking garage that fronts directly on Bay Street shall be
allowed between Port Street and Seattle Avenue.
(4) Exemptions. The following uses and buildings within the DMU zone shall be exempt from the
parking standards set forth in this chapter:
(a) Existing buildings and uses along both sides of Bay Street from Orchard Avenue to
Seattle Avenue shall be exempt from the parking requirements set forth in this chapter. (Ord. 030-
21 § 11; Ord. 011-19 § 5 (Exh. 2)).
dweRing unit, regardless of the number of bedrooms. An additional 0.25 parking spaces shall be
requ red for each unit i0eated on a site thatis not served by adjacent on -street parking. (Ord. 030-
20.124.140 Minimum parking standa. dsParking Quantities.
(1) Vehicle parking minimum quantities shall be provided in accordance with Table 20.124.140
baw. Nothing in Table 20.124,140 precludes development from providing more off-street parking
than the minimum required.
(2) With the exception of accessible parking spaces as required by the Americans with Disabilities
act, minimum parking requirements are not required for the following activities:
(a) A building undergoing a change of use from a nonresidential to a residential use or a
change of use for a commercial use:
(b) Residential dwelling units with a GFA equal to or less than 1;200 sg. feet:
317
(c) Commercial spaces with a GFA less than 3,000 sq. feet;
(f) Facilities which serve alcohol;
W Child care centers as defined in RCW 43.216.010 that are licensed or certified by the
department of children, youth, and families :
.M1:..ti:,.:.. ::. - - - - . - . ... . - u . @F.TiWZ
Minimum
Minimum
Land Use
Parking
Bicycle Parking
Requirement
Requirement
Residential Uses
Single-family
0.5 stall per
None required
Residential
dwelling unit
dwellings (equal to
or greater than
1,200 sq. ft. GFA)
Multi -family
0.5 stall per
0.25 per dwelling
Residential
dwelling unit
unit
dwellings (equal to
or greater than
1,200 sq. ft. GFA)
Multi -family
0 stall per
0.25 per dwelling
Residential
dwelling unit
unit
dwellings (less
than 1,200 sq. ft.
GFA)
Public Uses
All civic uses,
1 stall Per 300
5% of provided
except as listed
square feet office
vehicle parking
below:
with a minimum
of 3 spaces
Community
1 stall Per
5% of provided
college, high
classroom and 1
vehicle parking
school, university,
stall per 5
with a minimum
trade or technical
students
of 10 spaces
school
Elementary,
1 stall Per
5% of provided
middle, orjunior
classroom and 1
vehicle parking
high school
318
stall per 50
with a minimum
students
of 10 spaces
Club or lodge
1 stall Per 3 fixed
5% of provided
seats
vehicle parking
with a minimum
of 3 spaces
Place of worship
1 stall Per 3 fixed
5% of provided
seats
vehicle parking
with a minimum
of 3 spaces
All open space
5% of provided
and park uses,
vehicle parking
except as listed
with a minimum
below:
of 10 spaces
Golf course
1 stall Per hole
None required
All utilities
No min
None required
Commercial
Uses
All day care
0 stalls
None required
Commercial
1 stall per 1,000
5% of total
spaces (equal to
sq. ft. of GFA
minimum off -
or greater than
street parking
5,000 sq. ft. GFA)
requirement
(minimum 3)
Industrial Uses
All light
1 stall Per 1,000
5% of total
manufacturing
square feet
minimum off-
street parking
requirement
(minimum 3)
All research and
1 stall Per 1,000
5% of total
development
square feet
minimum off-
street parking
requirement
(minimum 3)
All warehouse,
1 stall Per 1,000
5% of total
storage and
square feet
minimum off -
distribution
street parking
requirement
(minimum 3)
jFT- LKRRA
320
20.124.150 Minimum parking stall dimensions.
Table 20.124.150
Minimum Parking Stall Dimensions
Minimum Parking Stall Dimensions
Stall Width
Stall Depth
Compact stall
8.0 feet
16.0 feet
Standard stall (required for single-family and duplex
parking)
9.0 feet
20.0 feet
Minimum Loading Requirements
Unit of Measurement
Minimum Loading
Spaces
Nonresidential Buildings with Retail, Wholesale, Manufacturing, Storage Uses
(1)
10,000 — 16,000
square feet
1.0
16,001—40,000
square feet
F 0
40,001 — 64,000
square feet
3.0
64,001—96,000
square feet
4.0
96,001—128,000
square feet
5.0
128,001 — 160,000
square feet
6.0
160,001—196,000
square feet
7.0
Each additional 36,000
square feet
2.0
Retail, Hotel, Office, Restaurant, Hospital, Auditorium, Convention Hall, Exhibition Hall, Sports
Arena/Stadium or Similar
40,000 — 60,000
square feet
1.0
60,001 — 160,000
square feet
2.0
321
Table 20.124.150
Minimum Parking Stall Dimensions
Minimum Parking Stall Dimensions
Stall Width
Stall Depth
160,001 — 264,000
square feet
3.0
264,001 — 388,000
square feet
4.0
388,001 — 520,000
square feet
5.0
520,001 — 652,000
square feet
6.0
652,001 — 784,000
square feet
7.0
784,001 — 920,000
square feet
8.0
Each additional 140,000
square feet
1.0
(1) Excluding self-service storage facilities.
(Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1). Formerly 20.124.260).
322
Exhibit 0
323
Chapter 20.127
DESIGN STANDARDS
Sections:
Article I. Introduction
20.127.010 Purpose.
20.127.020 Applicability and compliance.
20.127.030 Optional design review board project recommendation.
20.127.040 Supplemental submittal requirements.
20.127.050 Pre -submittal design review.
20.127.060 Departures.
Article II. Block Frontage Standards
20.127.100 Purpose.
20.127.110 Applicability and compliance.
20.127.120 How to use this chapter.
20.127.130 Community design framework maps.
20.127.140 About the transparency standards.
20.127.150 Storefront block frontage standards.
20.127.160 Landscaped blockfrontage standards.
20.127.170 Varied blockfrontage standards.
20.127.180 Marine block frontage standards.
20.127.190 Gateway block frontage standards.
20.127.200 Internal roadway storefront frontage standards.
200127.210 Other block frontage standards.
20.127.220 Trail/park frontage standards.
20.127.230 Special residential frontage standards along sidewalks and internal walkways.
20.127.240 Where a property fronts onto multiple streets/frontage designations.
20.127.250 High visibility street corners.
20.1270260 Community design framework master plan.
Article III. Site Planning Standards
324
20.127.300 Purpose.
20.127.310 Applicability and compliance.
20.127.320 Relationship to adjacent properties.
20.127.330 Nonmotorized circulation and design.
20.127.340 Vehicular circulation and parking.
20.127.350 On -site open space.
20.127.360 Location and design of service areas and mechanical equipment.
Article IV. Building Design Standards
20.127.400 Purpose.
20.127.410 Applicability and compliance.
20.127.420 Building character.
20.127.430 Building massing and articulation.
20.127.440 Building details.
20.127.450 Building materials.
20.127.460 Blank wall treatments.
Article I. Introduction
20.127.010 Purpose.
This chapter implements the Port Orchard comprehensive plan. Overall, the purpose of this
chapter is to:
(1) Provide clear objectives for those embarking on the planning and design of development
projects in Port Orchard.
(2) Preserve and protect the public health, safety, and welfare of the citizens of Port Orchard.
(3) Ensure that new commercial and multi -household development is of high quality and
beneficially contributes to Port Orchard's character.
(4) Upgrade the visual appearance of Port Orchard's principal vehicular corridors.
(5) Ensure that new developments within existing neighborhoods are compatible with, and enhance
the character of, Port Orchard's neighborhoods.
(6) Promote an increase in walking and bicycling throughout the city.
(7) Enhance the livability of Port Orchard's residential developments.
(8) Maintain and enhance property values within Port Orchard. (Ord. 008-18 § 2 (Exh. 1)).
325
20.127.020 Applicability and compliance.
(1) Applicability. The provisions of this chapter apply to all development within Port Orchard,
except:
(a) Detached houses cottage otirts (cottages), side -by -side dtipiexes, baek- -
dtiplexes, attached hattses, and , and middle housing as defined in Chapter 20.32 and
20.12 POMC shall not be required to comply with this chapter. Design standards for detached
houses, - -side dtipiexes, back-to-back dtipiexes, attached housesT
and townh-onies and middle housing are found in in their respective building types in POMC 20.32
and Chapter 20.139 POMC. Subdivision design standards are found in Chapter 20.100 POMC.
(b) Properties within the designated Old Clifton Industrial Park. See the figure below for a
map clarifying the location of properties which are exempt.
Figure 20.127.020(1)
Old Clifton Industrial Park
(c) Open-air structures such as pavilions, stages and gazebos for ornamental, performance
or recreational use.
(d) The director may waive these provisions in other employment - industrial/office zoned
properties where they are screened from view from the public right-of-way and adjacent
nonemployment - industrial/office properties by a minimum 20-foot-wide landscaped buffer
326
meeting the requirements of Chapter 20.128 POMC —full screening or by preservation of
comparable existing landscaping on the site.
(2) Relationship to Other Codes and Documents. Where provisions of this chapter conflict with
provisions in any other section of the Port Orchard design standards, this chapter prevails unless
otherwise noted herein.
(3) For building additions, remodels, and site improvements, three different thresholds have been
established to gauge how the design standards in this chapter are applied to such projects. See
Figure 20.127.020(3) below for examples of site development and the respective types of
improvements required under each of the three levels of improvements.
(a) Level I improvements include all exterior remodels, building additions, and/or site
improvements that affect the exterior appearance of the building/site or cumulatively increase the
gross floor area by up to 20 percent of the gross square footage that existed three years prior to the
date of permit issuance. The requirement for such improvements is only that the proposed
improvements meet the standards and do not lead to further nonconformance with the standards.
For example, if a property owner decides to replace a building facade's siding, then the siding must
meet the applicable exterior building material standards, but elements such as building articulation
(see POMC 20.127.430) would not be required.
(b) Level II improvements include all improvements that cumulatively increase the gross
floor area by 20 percent or more, but not greater than 75 percent, of the gross square footage that
existed three years prior to the date of permit issuance. All standards that do not relate to
repositioning the building or reconfiguring site development apply to Level II improvements. For
example, if a property owner of an existing home in the BP zone wants to convert the home to an
office and build an addition equaling 45 percent of the current building's area, then the following
elements would apply:
(i) The location and design of the addition/remodel must be consistent with the
block frontage standards (see Article II of this chapter), to the extent possible given the
location of the existing building. For such developments seeking additions to buildings
where an off-street parking location currently does not comply with applicable parking
location standards, building additions are allowed provided they do not increase any
current nonconformity and generally bring the project closer into conformance with the
standards. See Figure 20.127.020(3) for an example of this.
(ii) Comply with applicable site planning and design elements (see Article III of this
chapter).
(iii) Comply with all building design provisions of Article IV of this chapter, except
architectural scale and materials provisions related to the existing portion of the building
where no exterior changes are proposed. The entire building must comply with building
elements/details, materials, and blank wall treatment standards of POMC 20.127.440
through 20.127.460.
327
(iv) The proposed improvements shall comply with the off-street parking,
Landscaping, and signage provisions of Chapters 20.124, 20.128, and 20.132 POMC.
(c) Level III improvements include all improvements that cumulatively increase the gross
floor area by more than 75 percent of the gross square footage that existed three years prior to the
date of permit issuance. Such developments must conform to all applicable standards.
Figure 20.127.020(3)
Examples of Improvement Types and Required Compliance
Existing Site
0urdoor smra�n•wrvira'purkinp
Comrnercial
bwWigg
Pal kvI
3treor
Pre• lsdng non•conformldes:
- Parking in front of the building
- No pedestrian connection to the envy
- Doesn't meet stractscape and landscaping standards
• Faeadedogsn'e meet standards
Level II Improvement Example
-- -' Expand existing buibding footpttirl[ 20.75�
a�r,ar�tor,��
€ +ueJparkmg
yrkurg p
E
F
1-
Required improrements;
A. Entry addition meets facade and building design
mindands (POMC 26.127.40046,D)
R_ Rear addition meets applicable building design standards
(POMC 20_127.400-460)
C. Facade upgraded to meet applicable facade and building
d ,qi standards (POMC 20.127.400A64)
Q Pedestrian access improv rnenn (POMC 20.12]_ln)
E Parking lot landscaping impmvemens (Chapter 20.128
POMC)
F. Landscaping impro• unta arc encouraged but
rspt r*qu;red
Level I Improvement Example
0 Expand c lstfng bullding fvutprint 0-20%
OVrdo ,t, age ire1p.rr lung
C«n-ial
bLMinS
hrid.g
Required tmprovemenm
A- Entry addition meets facade and building
design standards (POMC 20.127.4W-460)
B. Rear addition meets applicable building
desgn standards (PVMC 20.127AD04M
C_ Landscaping improvements are encouraged
but not requ ired
Level FII Improvement Example
Expand eorishing ht llding footprint - yM
Parkigg
Required improvements:
A. Entarc building morn facade and building design
snndards (POMC 2i}. 12TQO-4101
R. Landscaping improvements are encouraged but
not required
C. Site meets site planning standards (POMC
20.127.300-360)
(4) Review for Compliance. Proposals for development, including design standard departure
requests, shall be reviewed for consistency with the design standards as found in this chapter in
328
conjunction with every underlying permit application(s) (i.e., building permit, stormwater drainage
permit, conditional use permit, binding site plan, etc.) at each stage of the development. The city
recognizes that every project is unique and that permits are not always submitted in a single
package simultaneously. For instance, a project may require a conditional use permit, building
permit, land disturbing activity permit, and stormwater drainage permit. It is common that a
building permit application be submitted after site development activities have begun. It is also
common to develop building pads for future construction as part of an approved development.
(Ord. 056-19 § 22; Ord. 011-19 § 6 (Exh. 3); Ord. 008-18 § 2 (Exh. 1)).
20.127.030 Optional design review board project recommendation.
Applicants for development subject to the design standards contained in this chapter may
optionally request that the city's design review board provide project review and a recommendation
on the application.
When requested by the applicant, the design review board shall review permit applications for
consistency with this chapter and make a recommendation to the director or hearing examiner, as
appropriate to the permit type, who shall give substantial weight to the recommendation of the
design review board as long as that recommendation does not conflict with the provisions of this
chapter and is consistent with its purposes. Requests for optional design review board project
recommendations shall be made at the time of permit application submittal. (Ord. 008-18 § 2 (Exh.
1)).
20.127.040 Supplemental submittal requirements.
A preapplication meeting is strongly recommended to determine which of the below listed
supplemental application materials are needed for a specific development in order to determine
compliance with the design standards. Applications subject to review under this chapter may be
deemed incomplete if they are missing any of the following materials, as needed to determine
compliance with the design standards:
(1) Block Frontage Standards.
(a) Identification of the block frontage type(s) applicable to the development.
(b) A site plan and/or other plans illustrating proposed improvements and how the block
frontage standards are being met, including (where applicable):
entries.
(i) Building envelope location and setbacks/dimensions.
(ii) Site elevation/topography at minimum two -foot intervals.
(iii) Parking location and vehicular access design.
(iv) Percentage of street frontage that is occupied by parking areas and garage
(v) Weather protection elements and dimensions/percentages.
(vi) Facade transparency elements and dimensions/percentages.
329
depth.
(vii) Storefront interior dimensions, including floor to ceiling height and storefront
(viii) Landscaping elements (common or scientific name and size) and design
(layout and location).
(ix) Right-of-way improvements and dimensions (including planting strip and
sidewalk).
(x) Undeveloped areas, including critical areas and associated buffers).
(2) Site Planning Standards. A site plan and/or other plans illustrating proposed improvements and
how the site planning standards are being met, including (where applicable):
(a) Building envelope location and setbacks/dimensions.
(b) Site elevation/topography at minimum two -foot intervals.
(c) Building elevations of all facades, including the location of doors, windows, and
balconies.
(d) The location and height of adjacent structures within 25 feet of the property proposed for
development.
(e) Nonmotorized circulation elements, including materials, dimensions, and necessary
details.
(f) Parking location and vehicular access design, including materials, curb edge, lane
configurations, dimensions, and other relevant details to support compliance.
(g) Existing and proposed pedestrian -oriented space, usable residential open space, and
other recreational features, including design elements, materials, and necessary details.
(h) Location, design, and configuration of service areas and mechanical equipment.
(i) Landscaping elements (common or scientific name and size) and design (layout and
location).
(j) Right-of-way improvements and dimensions (including planting strip and sidewalk).
(3) Building Design Standards. Graphics illustrating proposed improvements and how the building
design standards are being met, including (where applicable):
(a) Building elevations showing:
(i) Exterior materials.
(ii) Doors and windows and associated design details.
(iii) Roofline design and dimensions.
(iv) Details on proposed exterior materials and finish.
(v) Blank wall treatment details.
330
(b) Building plan view drawings showing:
(i) Facade articulation and dimensions.
(ii) Entry locations and design.
(c) Three dimensional graphics emphasizing:
(i) Building massing and articulation.
(ii) How the development (proposed improvements) fit within the surrounding
context. The graphic must illustrate the general massing of buildings within 50 feet of the
site.
(4) Departures. If any departures are requested, such elements must be clearly identified in the
above materials. Documentation to support how such proposed departures meet the applicable
approval criteria must be included. (Ord. 008-18 § 2 (Exh. 1)).
20.127.050 Pre -submittal design review.
(1) It is the city's intent to offer a pre -submittal design review process to allow applicants to vet their
building and site designs prior to completing full architectural and engineering construction plans
required for technical plan review and permit application submittal. Applicants seeking pre -
submittal design review may request that a preliminary review of conceptual site and/or building
plans be conducted by the director to evaluate consistency with the design standards found in this
chapter.
(2) Anyone seeking pre -submittal design review shall:
(a) Complete an application form.
(b) Pay the appropriate fee as set by resolution.
(c) Submit conceptual plans along with the materials listed in POMC 20.127.040 to the
department of community development.
(3) The director shall review the request for pre -submittal design review and provide a pre -submittal
design review letter and/or marked up plans describing which portions of the conceptual design
meet and do not meet the design standards.
(4) Any letter and/or marked up plans generated in a pre -submittal design review shall not be
considered a final decision and are only intended to assist an applicant in the preparation of
complete application materials. (Ord. 008-18 § 2 (Exh. 1)).
20.127.060 Departures.
(1) Overview and Purpose. This chapter provides for a number of specific departure opportunities to
development standards. For brevity in tables, departure opportunities are noted with the :) symbol.
The purpose of this section is to provide applicants with the option of proposing alternative design
treatments, provided such departures meet the "purpose" of the particular standard and any
additional departure criteria set forth for the particular departure opportunity.
331
(2) Departures Are Voluntary. This provision allows the flexibility for applicants to propose
alternative designs on a voluntary basis as provided herein.
(3) Variances versus Departures. Variances, as set forth in Chapter 20.28 POMC, require conditions
in place on the property, not created by the property owner, that create practical difficulties or
unnecessary hardships in complying with the applicable development regulations. Such conditions
are not necessary in order to qualify for departures, which can be proposed as an alternative to
complying with specific design standards in this chapter provided they comply with approval
criteria listed in subsection (6) of this section.
(4) Applicability. Departure opportunities are available only to those specific standards that allow
for departures.
(5) Review Procedures. Departure requests are to be reviewed in conjunction with the underlying
development permit and processed as set forth in POMC 20.127.020(1) and Chapters 20.22, 20.24
and 20.25 POMC.
(6) Approval Criteria. Project applicants must successfully demonstrate to the reviewing authority
(the director or hearing examiner, as appropriate to the permit type) how the proposed departure
meets the purpose(s) of the standard and other applicable departure criteria that apply to the
specific standard.
(7) Documentation. For each departure approved, the reviewing authority must make findings that
document the manner in which the departure satisfies the approval criteria in subsection (6) of this
section. The findings are to be maintained with project application records for the purpose of
providing consistency in decision -making by the city. (Ord. 008-18 § 2 (Exh. 1)).
Article II. Block Frontage Standards
20.127.100 Purpose.
(1) To provide standards to implement the comprehensive plan and applicable adopted sub -area
plans.
(2) To design sites and orient buildings with an emphasis on compatible development and creating
a comfortable walking environment.
(3) To provide standards that recognize the need for a system of streets and block frontages. (Ord.
008-18 § 2 (Exh. 1)).
20.127.110 Applicability and compliance.
The provisions of this article apply to all development within Port Orchard, except detached single-
family and two-family (duplex) dwellings in any configuration. (Single-family and duplex design
standards are found in Chapter 20.139 POMC.) Also:
(1) Applicability.
(a) See POMC 20.127.020(1) for clarification on the types of development to which these
standards apply.
332
(b) See POMC 20.127.020(2) for the relationship between the provisions in this article and
other documents and codes.
(c) See POMC 20.127.020(3) for the application of building additions and remodels and site
improvements.
(2) The default block frontage for new streets in commercial and mixed use zones is other (POMC
20.127.210) unless a designation is already provided. The default block frontage for undesignated
streets within annexed land is varied (POMC 20.127.170).
(3) The block frontage designations apply to development on both sides of the street except where
otherwise specified on the maps. For example, on a street with two designations, the designation
on the east side of the street applies to properties on the east side of the street. (Ord. 008-18 § 2
(Exh. 1)).
20.127.120 How to use this chapter.
(1) About the Maps. The maps together with the block frontage standards in POMC 20.127.150
through 20.127.250 guide the look and feel of development in commercial and multi -household
areas throughout Port Orchard when viewed from the street. The provisions herein recognize that
there is a hierarchy of different streets and block frontage types ranging from the pedestrian -
oriented storefronts to arterial streets/frontages that warrant greater flexibility in the design of
frontages.
The block frontage standards address site planning and building design elements including:
(a) Building location and orientation.
(b) Parking lot location.
(c) Window transparency.
(d) Weather protection.
(e) Landscaping.
The community design framework maps also identify high visibility street corner sites that warrant
special design treatment. Refer to POMC 20.127.250 for high visibility street corner requirements.
(2) Block frontage standards for individual properties depend on the type of street properties front
onto. Thus, consider the following steps in using this article:
(a) Go to the maps in POMC 20.127.130 to find the property and the block frontage type
designation for the street or streets fronting the property. For properties in residential zones, the
standards for landscaped block frontages apply (POMC 20.127.160). For properties that front onto
multiple streets, see POMC 20.127.240.
(b) Table 20.127.120(2) summarizes standards for each of the designated block frontage
types. Go to the appropriate section in this article for the detailed and applicable block frontage
standards for applicable block frontage type designation.
333
Table 20.127.120(2)
Summary of Block Frontage Types
Design Cross
Section Example
Parking Location
Other Key Provisions
Storefront
• Specialfacade
transparency and
weather protection
provisions
• Surface parking lots shall be located to
• Minimum
the rear, below, or above storefronts. Parking
commercial space
1�'
on the side and front of buildings is
depth
prohibited
PROPERTY , RIGHT OF WAY
No ground floor
residential uses except
lobbies for upper level
units
Landscape
• Parking is preferred to the rear of the
building, but is allowed on the side. For
multi -building developments, no more than
PROPERTY RIGHTOFWAY
50 percent of the street frontage may be
. Landscaping to
occupied by parking and drive aisles. Parking
soften facades, screen
Varied
Storefront or
in front is prohibited
blank wall surfaces, and
Landscape
screen parking
. Provide minimum
Marine
• Parking is preferred to the side, above, or
below buildings. No more than 50 percent of
facade transparency for
the street frontage may occupied by parking
nonresidential uses
and drive aisles. However, the city
(variable depending on
recognizes the challenges of developing
building setback)
waterfront properties as well as the
Storefront or
limitations created in the shoreline master
Minimum facade
Landscape
program. Therefore, departures to allow
transparency for
p y
parking to be located at the front of buildings
residential buildings
(between the building and the street) may be
approved provided design features
successfully mitigate the visual impacts of
the parking area on the streetscape
334
Table 20.127.120(2)
Summary of Block Frontage Types
Design Cross
Section Example
Parking Location
Other Key Provisions
Gateway
• No parking lot location standards, except
• Minimum building
that a 10-foot buffer of landscaping between
setback is 25 feet
the street and off-street parking areas
sa
- _
At least one building
For multi -building developments, surface
entrance must be
and structured parking areas (ground floor)
visible and accessible
are limited to no more than 60 percent of the
from the street
street frontage
Other
Specialfacade
transparency and
weather protection
Storefront or
• No parking lot location standards, except
provisions
that a 10-foot buffer of landscaping between
Landscape
the street and off-street parking areas
• At least one building
entrance must be
visible and accessible
from the street
(3) Changes to the block frontage designation for new and existing streets may be made through the
following procedures:
(a) Text amendment per Chapter 20.06 POMC, Code Amendments.
(b) Community design framework master plan per POMC 20.127.260. (Ord. 008-18 § 2 (Exh.
20.127.130 Community design framework maps.
(1) Figure 20.127.130 below is an overview map of the applicable planning areas within Port
Orchard. Examine the map to determine which map or figure relates to individual properties.
(2) Figures 20.127.130(1) through (16) include community design framework maps for applicable
mixed use and nonresidential zones throughout Port Orchard.
335
Figure 20.127.130
Port Orchard Community Design Framework Maps Index
M 4 P: 2ko
.s MAP I
r �
} i —
MA�#-I MAP
MAP 6
MAP'T: Yam„ -I' ,3' LeEeed
_ i I MAP 13
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r I T HA r 4
s MAP 9 — �- --�
i
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rF �„�4� ��w- • I !b L.n.p�r+awFrOh#ri
i �iwextr i fi9b
Figure 20.127.130(1)
Map #1 — Downtown West
336
Figure 20.127.130(2)
Map #2 — Downtown East
I
Figure 20.127.130(3)
Map #3 — County Campus
zo
Legend
W„0--p—
.--":f.—k
7
P
FIE=
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FETEFT� = off`?
LIH M-1 S 6 �11 fi
—41
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ZED muend tfelra
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337
Figure 20.127.130(4)
Map #4— Lower Mile Hill
--'--- -�-JJ_i�
M �l
J 5w i.000c` Orgnany eKporzca �c»e 12.000
Figure 20.127.130(5)
Map #5 — Upper Mile Hill
�cl
Ugentl
� W.Fa Gxea�
IandsupeA T.9
s.eea aOaVmtl.Yie wf ais W.�
v� Ibe+roa mt amepetll
x.,m'�wi.e upwd.e�n.u:q dnq�
,: (n�0�%mislK Wn MYML
338
-
. 4f�- .
. « '
.� ��\
-
E
�41P
, f.�..
� ; 2� %■5
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- •'�- �� � 'zm� : ���
. . _ . 2. z _ .
-
.
ƒ4.
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. 4?-
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Figure 20.127.130(8)
Map #8 — Bethel South
Figure 20.127.130(9)
Map #9 — Sedgwick Bethel SR16
340
Figure 20.127.130(10)
Map #10 - Bethel Cedar
Figure 20.127.130(11)
Map #11 - Bethel Lider
341
Figure 20.127.130(12)
Map #12 -Tremont
Figure 20.127.130(13)
Map #13 - Cedar Heights
342
Figure 20.127.130(14)
Map #14—Sidney Glen
Figure 20.127.130(15)
Map #15 — Sidney Sedgwick
343
Figure 20.127.130(16)
Map #16 — McCormick Woods
(Ord. 030-21 § 13 (Exh. 5); Ord. 028-20 § 7; Ord. 008-18 § 2 (Exh. 1)).
20.127.140 About the transparency standards.
All block frontage designations contain distinct minimum facade transparency standards. The
purpose of these standards are to maintain "eyes on the street" for safety and create a welcoming
pedestrian environment. Table 20.127.140 below includes details in how they are measured.
able 20.127.140
rification of Transparency Standards
nsparencyZones
ront
;round floor nonresidential and
onstorefront
Residential buildings and
residential portions of mixed use
buildings
344
f
rT
30
The transparency zone is on the
The transparency zone is between
All vertical surfaces of the facade
ground floor between 30 inches
30 inches and 8 feet above grade
are used in the calculations
and 10 feet above sidewalk
grade
Other Transparency Provisions
Windows must be transparent
Ground level window area for
storefronts and other
nonresidential uses that is
P r� _
� ange Your Life
! �N
covered, frosted, or perforated
in any manner that obscures
visibility into the building must
not count as transparent
window area.
Exception: Window signs
conforming with POMC
20.132.280 may be counted as
transparent window area
provided the areas generally
around the sign are
transparent.
Displaywindows
�f
Display window may be used
for up to 50 percent of
= -
; r-`
nonresidential transparency
N L.y.
requirements provided they are
at least 30 inches deep and
allow changeable displays.
Tack -on display cases as in the
Integrated display windows
Tack -on display cases
far right example don't qualify
as transparent window area.
345
Structured parking facilities
Where structured parking
facilities occupy a portion of
— - -.
the facade, any openings
0'
-- -
simulating windows may be
used to help comply with
-
transparency requirements.
Parking garage with windows
Parking garage without windows
(Ord. 008-18 § 2 (Exh. 1)).
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.
Figure 20.127.150(1)
Weather protection: -
At least 6' minimum depth
along 8f1°r6 of facades
Height:
Ref er to
building
typ e
Windlowsl
transparency:
At feast 6n of
facade between
30" and 10'
Entry: Facing streee
777lp" Z�
• s f- _ i ..r
f'
301,
ed
Generous sidewalk:
M 12' minimurn between curb edge
x and storefront, including a
minimum 8' of walking surface
(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):
346
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.
Floor to ceiling
Refer to building type (applies
height
to new buildings only).
Retail space
20 feet minimum (applies to
depth
new buildings only). �t=
Building
Required at front property
placement
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
r
acquisition is planned by the
city.
-
Building
Must face the street. For
entrances
corner buildings, entrances
may face the street corner.
Facade
60 percent minimum. ,t=
Also see POMC 20.127.140 for additional
transparency
clarification on transparency standards.
Weather
Weather protection with 8 to
For downtown properties on Bay Street and adjacent
protection
15 feet vertical clearance at
to the city -owned marquee, new development may
Least 6 feet in minimum depth
utilize the existing marquee (subject to approval by
along at least 80 percent of
the public works director) or new independent
facade. �t=
weather protection to meet this provision.
Retractable awnings may be
used to meet these
requirements.
347
Table 20.127.150(2)
Storefront Block Frontage Standards
Element
Standards
Examples and Notes
Weather protection must not
obstruct utility poles or street
trees.
Weather protection shall
complywith WSDOT
standards for setback from
the face of the curb and may
have the effect of reducing the
minimum weather protection
depth.
Parking location
New surface or ground level
-
parking areas must be placed
Also see
to the side or rear of
Chapter 20.124
structures and are limited to
POMC for
60 feet of street frontage. �
related parking
requirements
Provide a 6-foot minimum
buffer of landscaping
between the street and off-
street parking areas meeting
the standards of Chapter
20.128 POMC. ,�=
Parking areas 5"eet
Maximum 60 fee[
of Frontage
Sidewalkwidth
12feet minimum between
V
curb edge and storefront,
:m
including a minimum walking
surface width of 8 feet and a
clear/buffer zone with street
f
trees. �t=
.
41
s�.
12' min
Total sidewalk width
(3) Departure Criteria. Departures from the above standards that feature the <t-- symbol will be
considered by the reviewing authority (the director or hearing examiner, as appropriate), provided
the alternative proposal meets the purpose of the standards, plus the following criteria:
348
(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. (Ord. 033-20 § 11; Ord. 008-18 § 2 (Exh. 1)).
20.127.160 Landscaped block frontage standards.
(1) Description/Purpose. The landscaped block frontage designation emphasizes landscaped
frontages and clear pedestrian connections between buildings and the sidewalk and serves the
purpose of including attractive vegetation within the streetscape. This designation applies to all
streets designated landscaped in POMC 20.127.130, Community design framework maps, and all
development in residential zones.
Figure 20.127.160(1)
Landscaped Block Frontage Vision and Key Standards
Weather protection
over entry
Entry facing
the streetl�
Special facade
transparency
requirements
sM
Landscaped setback
r", -""
349
(2) Standards. All development as set forth in POMC 20.127.130 on sites containing a landscaped
block frontage designation must comply with the following standards (on applicable block
frontages):
Table 20.127.160(2)
Landscaped Block Frontage Standards
Element
Standards
Examples and Notes
Building
10-foot minimum front setback,
See POMC 20.127.230 for special design
placement
except where greater setbacks are
provisions associated with ground level
specified in the district in Chapter
residential uses adjacent to a sidewalk.
20.122 POMC or where future right-of-
way need and/or acquisitions have
been identified in city plans.
Building entrances
Building entrances must be visible
and directly accessible from the
street. :)
For uses that front on multiple mixed
designated blockfrontages, an entry
along both streets is encouraged, but
not required.
Facade
25 percent minimum for buildings
Also see POMC 20.127.140 for additional
transparency
design with ground level
clarification on transparency standards.
nonresidential uses.
20 percent minimum for residential
uses. :)
li
Windows must be provided on all
habitable floors of the facade.
IFacade transparency example.
Weather
Provide weather protection at least
protection
three feet deep over primary business
and residential entries.
'
350
Table 20.127.160(2)
Landscaped Block Frontage Standards
Element
Standards
Examples and Notes
Parking location
Parking must be placed to the side,
rear, below or above uses. For multi -
Also see Chapter
building developments, surface and
2 POMC for
structured parking areas (ground
relelatedated parking
floor) are limited to no more than 50
requirements.
percent of the street frontage.
FL
Private or shared garage entries must
occupy no more than 50 percent of
-
facade width.
A Arsn SVee
Provide a 10-foot minimum buffer of
landscaping between the street and
off-street parking areas meeting the
standards of Chapter 20.128 POMC.
Landscaping
The area between the street and
building must be landscaped, private
Also see Chapter
porch or patio space, and/or
-
20.128 POMC for
pedestrian -oriented space.
related
�
Landscaping
For setbacks adjacent to buildings
-
standards.
with windows, provide low level
Landscaping that maintains views
r Y -Example of low
between the building and the street.
level landscaping that screens foundation
Also provide plant materials that
walls, provides visual interest, and
screen any blank walls and add visual
maintains views from dwelling units to the
interest at both the pedestrian scale
street.
and motorist scale. For extended wall
areas, provide for a diversity of plant
materials and textures to maintain
visual interest from a pedestrian
scale.
Sidewalk width
Six-foot minimum sidewalks are
required.
Wider sidewalks may be required
where designated in other code
351
Table 20.127.160(2)
Landscaped Block Frontage Standards
Element
Standards
Examples and Notes
sections or in the public works
standards.
(3) Departure Criteria. Departures from the above standards that feature the 0 symbol will be
considered by the reviewing authority (the director or hearing examiner, as appropriate), provided
the alternative proposal meets the purpose of the standards, plus the following criteria:
(a) Building Entrances. Block frontages with steep slopes and/or those facing busy arterial
streets and very limited pedestrian traffic may warrant some flexibility to this standard (particularly
in residential districts).
(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) Parking Location. There must be an acceptable tradeoff in terms of the amount and
quality of landscaped 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 landscaped streets. (Ord. 050-22 § 11;
Ord. 056-19 § 24; Ord. 008-18 § 2 (Exh. 1)).
20.127.170 Varied blockfrontage standards.
(1) Description/Purpose. The varied block frontage designation serves areas that accommodate a
mixture of ground floor uses and allows a diversity of development frontages for the purpose of
contributing to the visual character of the street and enhancing the pedestrian environment.
Figure 20.127.170(1)
Varied Block Frontage Options and Standards
Storefront Frontage
Weather protection: � : Entry:
At Icast 6' minimum depth ` f Facing strcc[
along 80% of facades '� I
-
15' minimum r"�T
floor to floor y
I /
a ,
Windows! -
r—pie—cy:
At least 60%af
facade between
30" and 10'
30.1
ld
Sidewalk
12' minimum
Landscaped Frontage
352
(2) Standards. All development as set forth in POMC 20.127.130 on sites containing a varied block
frontage have the option to comply with either the storefront or landscaped block frontage
provisions as set forth above, with the following modifications (on applicable block frontages):
Table 20.127.170(2)
Varied Block Frontage Standards
Element
Standards
Examples and Notes
Building
Buildings may be placed up to the
See POMC 20.127.230 for special design
placement
sidewalk edge provided they meet
provisions associated with ground level
storefront standards set forth above.
residential uses adjacent to a sidewalk.
10-foot minimum front setback for other
buildings, except where greater
setbacks are specified in the district per
Chapter 20.122 POMC. 3
Additional setbacks may be required
where future right-of-way need and/or
acquisitions have been identified in city
plans.
Facade
Any storefront buildings on these block
Also see POMC 20.127.140 for additional
transparency
frontages must meet the storefront
clarification on transparency standards.
block frontage transparency standards
above. D
40 percent minimum for buildings
designed with nonresidential uses on
the ground floor within 10 feet of
sidewalk. D
Facade transparency example —
25 percent minimum for buildings
designed with nonresidential uses on
the ground floor. D
20 percent minimum for residential
buildings. D
Windows must be provided on all
nonresidential use." -
habitable floors of the facade.
Facade transparency example — residential
use.
(3) Departure Criteria. Departures from the above standards that feature the 0 symbol will be
considered by the reviewing authority (the director or hearing examiner, as appropriate), provided
the alternative proposal meets the purpose of the standards, plus the following criteria:
353
(a) Minimum Setback. For residential uses, provide design treatments that create an
effective transition between the public and private realm. This could include a stoop design or other
similar treatments that utilize a low fence, retainingwall, and/or hedge along the sidewalk.
Figure 20.127.170(3)
Stoop Examples
(Ord. 056-19 § 24; Ord. 008-18 § 2 (Exh. 1)).
20.127.180 Marine block frontage standards.
(1) Description/Purpose. The marine block frontage designation serves areas that accommodate a
mixture of ground floor uses and allows a diversity of development frontages for the purpose of
contributing to the visual character of the street and enhancing the pedestrian environment.
(2) Standards. All development as set forth in POMC 20.127.130 on sites containing a marine block
frontage have the option to comply with either the storefront or landscaped block frontage
provisions as set forth above, with the following modifications (on applicable block frontages).
Additionally, all development within the 200-foot shoreline zone must comply with the
requirements of the city's shoreline master program, including but not limited to requirements for
location (including setbacks from the shoreline), allowable uses within the applicable shoreline
environment designation, view protection and public access.
Table 20.127.180(2)
Marine Block Frontage Standards
Element
Standards
Examples and Notes
Building
Buildings may be placed up to the sidewalk
See POMC 20.127.230 for special
placement
edge provided they meet storefront standards
design provisions associated with
set forth above.
ground level residential uses
adjacent to a sidewalk.
10-foot minimum front setbackfor other
buildings, except where greater setbacks are
specified in the district per Chapter 20.122
POMC. :)
354
Table 20.127.180(2)
Marine Block Frontage Standards
Element
Standards
Examples and Notes
Additional setbacks may be required where
future right-of-way need and/or acquisitions
have been identified in city plans.
Facade
Any storefront buildings on these block
Also see POMC 20.127.140 for
transparency
frontages must meet the storefront block
additional clarification on
frontage transparency standards above.
transparency standards.
40 percent minimum for buildings designed
with nonresidential uses on the ground floor
_
r
within 10 feet of sidewalk.
25 percent minimum for buildings designed
with nonresidential uses on the ground floor
within 20 feet of the sidewalk.
Facade transparency example —
20 percent minimum for residential buildings.
nonresidential use.
Windows must be provided on all habitable
floors of the facade.
lit -t
LIA-01
Facade transparency example —
residential use.
Parking
Parking must be placed to the side, below, or
Location
above uses. No more than 50 percent of the
street frontage may be occupied by parking and
drive aisles.
Parking in the front requires a departure (see
subsection (3)(c) of this section). Parking to the
rear may only be approved in conjunction with a
WO - ------
variance and/or shoreline variance. The
construction of any parking within a shoreline
Maximum 50%ellronnge
area must be consistent with the requirements
of the city's shoreline master program.
355
Table 20.127.180(2)
Marine Block Frontage Standards
Element
Standards
Examples and Notes
No more than 50 percent of the street frontage
may be occupied by parking and drive aisles. A
10-foot minimum buffer of landscaping must be
provided between the street and off-street
parking areas, which meets the landscaping
requirements of Chapter 20.128 POMC. New
parking structures must feature landscaped
setbacks at least 10 feet in width.
(3) Departure Criteria.
(a) Minimum Setback. For residential uses, provide design treatments that create an
effective transition between the public and private realm. This could include a stoop design or other
similar treatments that utilize a low fence, retainingwall, and/or hedge along the sidewalk.
(b) Facade Transparency. The proposed alternative design treatment of a facade area
between ground level windows shall provide visual interest to the pedestrian and mitigate impacts
of any blank wall areas. Up to a 40 percent reduction in the minimum amount of facade
transparency may be approved via departure.
(c) Parking Location. Parking may be located in front of a building (between a building and
an adjacent street) if other parking locations are demonstrated to be infeasible due to topography,
property shape or size, or other contextual circumstances. When a departure is requested to allow
parking in front of a building, the parking must provide an acceptable tradeoff in terms of the
amount and quality of landscaped area that is integrated with the development and must include
design features to successfully mitigate the visual impact of additional parking areas along the
street. (Ord. 056-19 § 24; Ord. 008-18 § 2 (Exh. 1)).
20.127.190 Gateway block frontage standards.
(1) Description/Purpose. The gateway block frontage designation serves strategic areas fronted by
highways or other high visibility arterials that feature heavyvehicular traffic. These standards serve
the purpose of providing attractive landscaped frontages, limiting the extent of visible surface
parking, and accommodating the needs of pedestrians.
356
Figure 20.127.190(1)
Gateway Block Frontage Vision
(2) Standards. All development as set forth in POMC 20.127.130 on sites containing the gateway
block frontage designation must comply with the landscaped block frontage provisions as set forth
above, with the following modifications:
Table 20.127.190(2)
Gateway Frontage Standards
Element
Standards
Examples and Notes
Building
The minimum setback for buildings is 25 feet. 0
placement
Building
At least one (publicly accessible for commercial
entrances
buildings) building entrance must be visible and directly
accessible from the street. D
Parking
Parking must be placed to the side, rear, below or above
Location
uses. 0
For multi -building developments, surface parking and the
ground floor of structured parking areas are limited to no
more than 60 percent of the street frontage. 3
-
Parking Street
Maw. go%offrontage
A 25-foot buffer of landscaping between the street and
off-street parking areas meeting the performance
standards of Chapter 20.128 POMC. 3
(3) Departure Criteria. See the departure criteria for landscaped frontages, POMC 20.127.160(3).
(Ord. 008-18 § 2 (Exh. 1)).
20.127.200 Internal roadway storefront frontage standards.
357
(1) Description/Purpose. The internal roadway storefront block frontage designation is intended to
apply to some existing commercial storefront areas that are located on internal roadways or
parking lots. The purpose of this designation is to reinforce and enhance the storefront environment
if and when changes occur over time.
Figure 20.127.200(1)
Internal Roadway Storefront Frontage Vision
Generous sidewalk: 12' minimum between curb edge
and storefront, including a minimum 8' of walking surface
Landscaping. One tree along
the sidewalk every 50' feet of
lineal frontage on average
W indows/transparency:
At least 50% of facade
between 30" and 10'
(2) Standards. Development as set forth in POMC 20.127.130 on sites containing the internal
roadway storefront block frontage designation must comply with the storefront block frontage
standards as set forth above, with only the following modifications:
Table 20.127.200(2)
Internal Roadway Storefront Block Frontage Standards
Element
Standards
Facade
At least 50 percent of ground floor between 30 inches and 10 feet above the
transparency
sidewalk. :)
Landscaping
Trees must be integrated along the sidewalk every 50 feet of lineal frontage on
average. Trees may be in tree grates or in planting strips.
358
Table 20.127.200(2)
Internal Roadway Storefront Block Frontage Standards
Element
Standards
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. See the departure criteria for storefront frontages, POMC 20.127.150(3).
(Ord. 008-18 § 2 (Exh. 1)).
20.127.210 Other block frontage standards.
(1) Description/Purpose. All other block frontages in districts that are not designated in the design
framework maps are provided greater flexibility with regards to the design of development
frontages. These block frontages include a combination of side streets (where most uses front on
other adjacent streets) and service oriented streets (often characterized by industrial or service
types of uses). While there is greater flexibility in the amount of transparency of facade and the
location of surface and structured parking, the purpose of these standards is to ensure that
development frontages along these streets provide visual interest at all observable scales and meet
the design objectives of the city.
(2) Standards. All development as set forth in POMC 20.127.130 with applicable block frontage
designations must comply with standards below (on applicable block frontages):
Table 20.127.210(2)
Other Block Frontage Standards
Element
Standards
Building placement
Where allowed in the applicable zoning district, buildings may be placed
up to the sidewalk edge provided storefront block frontage standards
above are met (except where otherwise noted herein).
10-foot minimum front setback for other buildings, except where greater
setbacks are specified in the district per Chapter 20.122 POMC. :)
See POMC 20.127.230 for special design provisions associated with
ground level residential uses adjacent to a sidewalk.
Building entrances
Building entrances facing the street are encouraged. At a minimum, at
least one building entry visible and directly accessible from the street is
required. :)
Where buildings are setback from the street, pedestrian connections are
required from the sidewalk.
359
Table 20.127.210(2)
Other Block Frontage Standards
Element
Standards
Facade transparency
For storefronts, at least 60 percent of ground floor between 30 inches and
10 feet above the sidewalk is required. 3
Other buildings designed with nonresidential uses on the ground floor
within 10 feet of sidewalk, at least 30 percent of the ground floor between
four and eight feet above the sidewalk. 0
Other buildings, at least 10 percent of the entire facade (all vertical
surfaces generally facing the street). :)
Window area that is glazed over or covered in any manner that obscures
visibility into the storefront space shall not count as transparent window
area.
Weather protection
At least three feet deep over primary business and residential entries.
Parking location
There are no parking lot location restrictions.
Also see Chapter 20.124
A 10-foot buffer of landscaping between the street and off-street parking
POMC for related parking
areas meeting the performance standards of Chapter 20.128 POMC is
requirements
required. :)
Landscaping
The area between the street and building must be landscaped and/or
include private porch or patio space.
Also see Chapter 20.128
POMC for related
For setbacks adjacent to buildings with windows, provide low level
Landscaping standards
landscaping that maintains views between the building and the street.
Also provide plant materials that screen any blank walls and add visual
interest at both the pedestrian scale and motorist scale. For extended wall
areas, provide for a diversity of plant materials and textures to maintain
visual interest from a pedestrian scale.
Sidewalkwidth
Where storefront buildings are proposed, sidewalks must meet storefront
blockfrontage standards above. Otherwise, six-foot wide minimum
sidewalks are required.
(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) provided
the alternative proposal meets the purpose of the standards, plus the following criteria:
(a) Minimum Setback. Provide design treatments that create an effective transition between
the public and private realm. This could include a stoop design to other similar treatments that
utilize a low fence, retaining wall, and/or hedge alone the sidewalk.
360
(b) Facade Transparency. The design treatment of a facade and/or landscape element
provides visual interest to the pedestrian and mitigates impacts of any blank wall area. (Ord. 008-18
§ 2 (Exh. 1)).
20.127.220 Trail/park frontage standards.
Trails referenced in the community design framework maps in POMC 20.127.130 aligned adjacent
to a street are subject to the applicable block frontage designation for the street. For trails
referenced in the community design framework maps that are not adjacent to streets,
developments fronting such trails must comply with the other block frontage standards set forth in
POMC 20.127.210.
Figure 20.127.220
Trail/Park Frontage Examples
The development in the left image includes a courtyard that orients towards the trail. The low fence
allows visibility between the uses, yet divides public and private space in an acceptable manner.
The right image illustrates an active commercial use fronting on the trail.
(Ord. 008-18 § 2 (Exh. 1)).
20.127.230 Special residential frontage standards along sidewalks and internal walkways.
For residences with ground floor living spaces facing a sidewalk or pedestrian path in a residential
or mixed use development, the building must feature at least one of the public/private space
transition elements described below. The objective of this standard is to ensure privacy and
security for residents, and an attractive and safe walkway that complements the qualities of the
adjoining residences within a residential complex.
(1) Raised Deck or Porch Option. Provide at least a 60-square-foot porch or deck raised at least one
foot above grade. The porch or deck must be at least six feet wide, measured perpendicular to the
building face. (The deck may be recessed into the unit floor plan so that deck does not extend from
the building face a full six feet.) A low fence, rail or hedge, two feet to four feet high, may be
integrated between the sidewalk or internal walkway and deck or porch.
(2) Front Setback Options. Provide a minimum 10-foot setback between the sidewalk or internal
walkway and the face of the residence. Design options for the front setback:
361
(a) Landscaped area, meeting the provisions of Chapter 20.128 POMC.
(b) Semi -private patio space screened by a low fence or hedge (see Chapter 20.128 POMC,
Development Standards — Landscaping).
(3) Raised Ground Floor. If the residence's ground floor is a minimum of three feet above the grade
adjacent to the building, then the landscaped area in subsection (2)(b) of this section, may be
reduced to four feet wide (except where greater setbacks are specified for the applicable zoning
district in Chapter 20.122 POMC).
Departures: Other transition design measure that adequately protects the privacy and comfort of
the residential unit and the attractiveness and usefulness of the walkway at least as effectively as
subsections (1) through this subsection (3).
See Figure 20.127.230 below for examples of the above treatments.
Figure 20.127.230
Acceptable Public/Private Transitional Space Design between Sidewalk or Walkways and Ground
Level Residential Units.
The upper left image uses a low fence and landscaped setback. The right images use landscaped
terraces and elevated ground level units. The lower left image uses a landscaped berm between the
walkway and semi -private open space.
(Ord. 008-18 § 2 (Exh. 1)).
20.127.240 Where a property fronts onto multiple streets/frontage designations.
362
Where a property fronts onto more than one street and each street has a different frontage
designation, each building frontage must comply with the standards for the block frontage upon
which it fronts, with the following clarifications:
(1) Where a conflict exists between frontage standards, the review authoritywill apply the
standards of a block frontage pursuant to the following order of preference:
(a) Storefront.
(b) Varied.
(c) Marine.
(d) Landscaped.
(e) Gateway.
(f) Other.
Subsections (2) through (5) of this section clarify how the order of preference works for particular
frontage elements.
(2) Building Location. For corner sites with landscaped block frontage on one street and storefront
or varied on another, a storefront frontage may wrap around the corner (on the landscaped block
frontage side) for up to a half block width or no more than 120 feet (whichever is more).
(3) Entrances. For corner sites, entrances on both streets are encouraged, but only one entrance is
required. For corner sites with frontage on a storefront block frontage on one side, an entrance
must be placed on the storefront block frontage side. For corner sites with a mix of designations
that do not include a storefront block frontage, the entry must be placed in the order of preference
identified above.
Departures may be considered, provided the location and design of the entry and block frontage
treatments are compatible with the character of the area and enhance the character of the street.
(4) Transparency. For corner sites at least one block frontage must meet the applicable
transparency standards (based on the order of preference above). For the second blockfrontage,
the review authority may approve a reduction in the minimum amount of transparency by 50
percent. For street corners with the same designations on both frontages, buildings must employ
the full transparency on the dominant frontage (based on the frontage width or established
neighborhood pattern).
(5) Parking. Surface parking (including ground floor parking in a structure) adjacent to a street
corner is not allowed, except:
(a) Corner lots with nondesignated frontages (other) on both streets.
(b) Other combination of blockfrontages, except those with a storefront designation, via a
departure and subject to the applicable departure criteria.
363
Figure 20.127.240
Clarifying Block Frontage Standards on Street Corners
W10
ALLEY
Storefront can wrap
around corner up to
hail block or 120'
(whichever is less) _
ENTRANCE
STOREFRONT
(BLOCK FRONTAGE)
(Ord. 008-18 § 2 (Exh. 1)).
20.127.250 High visibility street corners.
.1
ALLEY
Facade meets
Landscaped block
frontage standards
Storefront doesn't
go to corner
ENTRANCE
STREETFRONT
I BLOCK FRONTAGEI
a
s
09 Z
g m
(1) Description/Purpose. The high visibility street corner requirements apply to those sites
designated as such on the community design framework maps in POMC 20.127.130. The purpose
is to accentuate street corners with high visibility to the public.
(2) Designation Criteria. High visibility street corners may be designated in:
(a) Special high visibility intersections in business districts.
(b) Intersections with a high level of pedestrian activity.
(c) Special high visibility gateway intersections leading into the city or a particular business
district.
(d) Existing or planned intersections that are intended to become the focal point of a
particular business district or neighborhood center.
(3) Standards. Sites located on high visibility street corners must meet the following requirements:
(a) Buildings must be located within 20 feet of the street corner.
(b) At least one of the following special features must be included (Figure 20.127.250 below
illustrates acceptable examples):
(i) Corner plaza.
364
(ii) Cropped building corner with a special entry feature.
(iii) Decorative use of building materials at the corner.
(iv) Distinctive facade articulation.
(v) Sculptural architectural element.
(vi) Other decorative elements that meet the purpose of the standards.
Figure 20.127.250
Acceptable High Visibility Street Corner/Gateway Site Examples
i
Building 1 includes a corner tower. Building 2 features cropped building corners with decorative
elements. Building 3 uses a decorative canopy. Building 4 uses a change in building materials and
facade articulation at the corner. Building 5 incorporates a plaza at the corner.
{, i
Image 6 shows a decorative landscaped area with a trellis and neighborhood gateway sign.
(Ord. 008-18 § 2 (Exh. 1)).
20.127.260 Community design framework master plan.
365
Recently annexed or rezoned commercial or mixed use properties along with large undeveloped
sites necessitate a different approach to applying block frontage standards. The provisions below
identify the purpose, applicable sites, block frontage designation options, and special standards
for developing community design framework master plans. Such master plans are also an option
for property owners to change designations on existing community design framework maps (POMC
20.127.130).
(1) Purpose.
(a) To provide a thoughtful and fair process to plan for the development of large and new
commercial and mixed use sites consistent with Port Orchard's comprehensive plan.
(b) To promote the arrangement of streets, buildings, open space, parking and service areas
that creates a strong sense of community and enhances the character of Port Orchard.
(c) To avoid uncoordinated patterns of development that waste valuable land, compromise
vehicular and pedestrian access, and degrade the character of Port Orchard.
(2) Applicable Sites.
(a) Recently annexed sites zoned as one of the commercial or mixed use zoning districts.
(b) Sites recently rezoned to one of the commercial or mixed use zoning districts that are
not addressed in the community design framework maps in POMC 20.127.130.
(3) Block Frontage Designations Options.
(a) Prior to site development of applicable sites, a community design framework master
plan must be developed, approved and adopted into the Port Orchard comprehensive plan per the
procedures set forth in Chapter 20.04 POMC, Comprehensive Plan Amendments. The master plans
must include:
(i) New streets and internal roadways along with block frontage designations (types
included in this section).
(ii) Any designated high visibility street corners.
(iii) Any planned open spaces, trails, and shared use paths.
(iv) Any special phasing conditions.
(v) Other special design conditions unique to the site and plan that must be
implemented with future site plan development.
(b) Community design framework master plans may utilize any existing block frontage
designations that border the site, or include an alternative block frontage designation type or types,
subject to master plan approval.
(c) Alternatively, site plan development may occur on applicable sites without an approved
and recorded community design framework master plan provided all block frontages comply with
the standards for varied block frontages as set forth in subsection (4) of this section.
366
(4) Design Standards. Community design framework master plans must meet the purpose asset
forth above plus the following parameters for specific sites:
Table 20.127.260(4)
Community Design Framework Master Plan Design Standards
The provisions below are intended to guide the design of individual community design framework
master plans. They are referred to as standards, since all proposed plans must successfully
demonstrate how they comply with the provisions herein.
All Sites
• Configure site to create a pedestrian -oriented focal point. Such a focal
point could be a main street (storefront), a central square surrounded by
storefronts or other similar features.
• Larger sites have greater expectations in the amount of storefront
designated frontages.
• Goals, policies and concepts from adopted plans must be used to help
determine compliance with these standards.
Figure 20.127.260(4)
Development Examples
Examples of commercial centers configured to create a pedestrian -oriented focal point. Parking
areas are carefully located to provide convenience while minimizing impacts to the visual and
pedestrian environment.
(5) Review Process and Application Requirements.
(a) Community design framework master plans must be processed as a Type II decision set
forth in POMC 20.22.040.
(b) Community design framework master plans are subject to application requirements set
forth in Chapter 20.24 POMC. Supplemental application submittal requirements include:
(i) A conceptual site development plan that identifies the following elements (if
applicable):
367
way).
(A) Proposed new public and private streets (including any public rights -of -
(B) Proposed block frontage designations.
(C) Proposed land use(s) concept (to the extent anticipated or desired).
(D) Proposed nonmotorized circulation elements.
(E) Proposed pedestrian -oriented focal point and/or other open spaces or
recreational features.
(F) Critical areas and buffers.
(G) Utility areas.
(H) Proposed or potential development phases.
(ii) Other information as necessary to support compliance with the design standards
set forth in subsection (4) of this section. (Ord. 008-18 § 2 (Exh. 1)).
Article III. Site Planning Standards
20.127.300 Purpose.
(1) To preserve and protect the public health, safety, and welfare of the citizens of Port Orchard.
(2) To promote the thoughtful layout of buildings, parking areas, circulation, service areas,
Landscaping, and amenity elements that enhances Port Orchard's visual character, promotes
compatibility between developments and uses, and enhances the function of developments.
Also see the individual "purpose" statements for each section in this article. (Ord. 008-18 § 2 (Exh.
1)).
20.127.310 Applicability and compliance.
(1) See POMC 20.127.020(1) for clarification on the types of development to which these standards
apply; provided, that applications for interior alterations are exempt from site plan review, if the
interior alteration does not result in (a) additional sleeping quarters or bedrooms; (b) nonconformity
with Federal Emergency Management Agency substantial improvement thresholds; or (c) an
increase in the total square footage or valuation of the structure thereby requiring upgraded fire
access or fire suppression systems. For purposes of this section, "interior alterations" include
construction activities that do not modify the existing site layout or its current use and involve no
exterior work adding to the building footprint.
(2) See POMC 20.127.020(2) for the relationship between the provisions in this article and other
documents and codes.
(3) See POMC 20.127.020(3) for the application of building additions and remodels and site
improvements. (Ord. 019-24 § 18; Ord. 008-18 § 2 (Exh. 1)).
20.127.320 Relationship to adjacent properties.
368
(1) Purpose.
(a) To promote the functional and visual compatibility between developments.
(b) To protect the privacy of residents on adjacent properties.
(2) Balconies Adjacent to Side Property Lines Abutting Residentially Zoned Properties. Balconies or
rooftop decks within 15 horizontal feet of a side and rear property line abutting a residentially zoned
property must feature a railing system that is at least 50 percent opaque. Specifically, 50 percent of
the area below the railing must be a sight -obscuring structure.
Departures will be allowed where it is determined that the proposed design will not create a
compatibility problem in the near- and long-term based on the unique site context.
Figure 20.127.320(2)
Privacy Standards for Balconies within 15 Feet of Side Property Lines
8alcories within f 5' feet of ^ a^
property fine abutting a res
zone must be at least 50 pe
opaque below the railing
Residentiall
Zoned
Property
1..
I 13, or less
Direction of side
property line abutting
residential zone
ent of this area
structure or
screening
(3) Light and Air Access and Privacy along the Side and Rear Property Lines. Buildings or portions
thereof containing multi -household dwelling units whose only solar access (windows) is from the
applicable side of the building (facing towards the side property line) must be set back from the
applicable side or rear property lines at least 15 feet. See Figures 20.127.320(2) and (3).
Departures will be allowed where it is determined that the proposed design will not create a
compatibility problem in the near- and long-term based on the unique site context.
369
Figure 20.127.320(3)
Solar Access and Privacy Standards for Multi -Household Residential Buildings along Side/Rear
5' Min.- 1
HI
Unit with only
windows facing
Corner unit with
1
side setback
windows facing the
I
front or rear setback
I�
1, —�
1 Min.
ro I
Unit with only
1
windows facing
Corner unit with
Ln Vn
side setback
windows facing the
v 77
front or rear setback
I
ICorner
unit with
1
windows facing the
front
or rear setback
5' Min.-4
Front or Rear Setback I Front or Rear Setback
Property Lines— ----------1-------------
Unit with only
windows facing
side setback
Is,
Min.
Where there are no side Unit with only
setbacks and where windows facing
windowless firewalls may be side setback
built up to the property line
Corner unit with
windows facing the
front or rear setback
I
Front or Rear Setback — 1 — Front or Rear Setback
Where side setbacks are required. — — — ------- ------------
Where there are no side setbacks and where windowless firewalls may be built up to the property
line.
(Ord. 008-18 § 2 (Exh. 1)).
20.127.330 Nonmotorized circulation and design.
(1) Purpose.
370
(a) To improve the pedestrian and bicycling environment by making it easier, safer, and more
comfortable to walk or ride among residences, to businesses, to the street sidewalk, to transit
stops, through parking lots, to adjacent properties, and to connections throughout the city.
(b) To enhance access to on- and off -site areas and pedestrian/bicycle paths.
(2) Access to Sidewalk. All buildings must feature pedestrian connections to a sidewalk per
applicable block frontage standards in Article II of this chapter. See subsection (4) of this section
for access design requirements.
Figure 20.127.330(2)
Examples of Direct Pedestrian Access to Buildings from the Street
(3) Internal Circulation.
(a) For sites with multiple buildings, pedestrian paths or walkways connecting businesses
and/or residential entries on the same development site must be provided. Routes that minimize
walking distances and -minimize conflict between pedestrians and traffic at all points of pedestrian
access must be utilized to the extent practical.
Departures will be allowed where steep slopes prevent a direct connection or where an indirect
route would enhance the design and/or use of a common usable open space. See subsection (4) of
this section for walkway design standards.
371
Figure 20.127.330(3)(a)
Internal and External Pedestrian Connections Are Important
Ve
ped
connect
neighbo
ul[y connected
pedestrian
system
Jpen space
'ocal points
pedestrian connection
:o intersection
(b) Sites with Residential Units. Provide direct pedestrian access between all ground related
unit entries and a public street or to a walkway network or open space that has
direct access to a public street. Residential developments must provide a pedestrian circulation
network that connects all main entrances on the site to other areas of the site, such as:
(i) Parking areas.
(ii) Recreational areas.
(iii) Common outdoor areas.
(iv) Any pedestrian amenities.
For townhouses or other residential units fronting the street, the sidewalk may be used to meet this
standard.
372
Figure 20.127.330(3)(b)(i)
Direct Walkways between the Street and Dwelling Units Are Required
WM
The entries of the example on the left connect directly to a public sidewalk while the entries in the
right example connect to a common path that extends to the sidewalk.
Figure 20.127.330(3)(b)(ii)
Examples of Attractive Pedestrian Connection through a Residential Development
(c) Crosswalks are required when a walkway crosses an on -site paved area accessible to
vehicles. Crosswalks must contain contrasting material (such as concrete) and/or patterns (such
as stamped asphalt), excluding painted surfaces.
(d) Pedestrian Walkways through Parking Lots. Developments with 5,0-20 parking spaces or
more must provide specially marked or paved walkways through parking areas. Pedestrian
walkways across parking areas shall be located as either one of the following:
ffAt least one walkway must be provided every fatri-two rows of parking or at a
maximum spacing of 200 feet. The walkways must provide a safe connection to the building
entrance and meet the walkway design standards set forth in subsection (4) of this section.
373
than park _ • -
See examples below.
Figure 20.127.330(3)(d)
Parking Area Walkway Standards and Examples
200' MAX
1 1 1
Pedestrian
walkways
Note the location of the parking lot walkway in the upper right example (connecting shops in one
building to the main entry of a grocery store).
Note in both examples that the concrete walkway extends into the vehicular area to provide a highly
visible and safe crosswalk.
(e) Connections to Adjacent Properties (Including Parks and Trails). Except for when
adjacent properties have less than five dwelling units, provide pedestrian walkways that connect to
adjacent properties. Public sidewalks in the right-of-way shall not count towards this requirement.
Departures will be allowed where it is determined that internal connections are not necessary or
practical due to shallow lot depths, steep slopes, or other contextual challenges.
374
(f) Barriers that limit future pedestrian access are prohibited. Gates that limit access to
employees are permitted. See subsection (4) of this section for walkway design standards.
(4) Walkway Design.
(a) All internal pedestrian walkways must have a minimum five -foot -wide unobstructed
walking surface, except where wider walkways are prescribed in this article or where the applicable
uses and context dictate wider walkways.
(b) Where parking is adjacent to perpendicular or angled parking and does not utilize wheel
stops as described in POMC 20.124.100, an extra two feet of walkway width must be provided to
mitigate for parked vehicles overhanging the walkway.
(c) Pedestrian walks must be separated from structures at least three feet for landscaping
except where the adjacent building facade meets the storefront block frontage standards per
POMC 20.127.120(2).
Departures will be considered where other landscaping and/or facade design treatments to provide
attractive walkways are proposed. Examples include sculptural, mosaic, bas-relief artwork, or
other decorative treatments that meet the purpose. Figure 20.127.330(4)(c) below provides one
example.
Figure 20.127.330(4)(c)
Standards for Internal Walkways Adjacent to Buildings
!
" 1
— Non -Pedestrian -Oriented
Facade
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Landscaping
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Internal walkways adjacent to building walls that do not meet storefront facade standards must
provide at least three feet of landscaping to enhance the character of the walkway. The reviewing
authority will consider alternative treatments, such as decorative walls (right example).
(d) Walkway design where multi -tenant commercial or mixed use buildings 100 feet or more
in length abut parking lots. Such walkways must feature a 12-foot-wide sidewalk with:
(i) Eight feet minimum unobstructed width.
375
(ii) Trees, as approved by the director or hearing examiner, placed at an average of 50
feet on -center and placed in grates or in planting strips as set forth in subsection (4)(d)(iii) of
this section.
Departure: Breaks in the tree coverage will be allowed near major building entries to enhance
visibility.
(iii) Planting strips may be used between any vehicle access or parking area and the
walkway; provided, that the trees required above are included and the walkway meets the
applicable width standards herein and the combined walkway and planting strip is at least
12 feet wide.
(iv) See also POMC 20.127.340(4), internal roadway design.
Figure 20.127.330(4)(d)
Example of a Successful Pedestrian Sidewalk between Parking Lot and Storefront
1
(Ord. 050-22 § 12; Ord. 008-18 § 2 (Exh. 1)).
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.
(b) To enhance the visual character of interior access roads.
(c) To minimize conflicts with pedestrian circulation and activity.
376
(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.
w 6V---- W30' [a 59-mi 30- in
' P-1%31
'D•
The left Enrage shows an Wcept Ie tfont-loaded townhouse ex-
atnple in plan view, where individual units ere at least 30 feet
kw'ide_ The lse.low example does not meet that requirement.
m IL
g. _..
FANIML
(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.
377
(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.
Figure 20.127.340(4)
Good Internal Roadway Examples
378
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:
(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). (Ord. 033-20
§ 12; Ord. 056-19 § 23; Ord. 011-19 § 6 (Exh. 3); Ord. 008-18 § 2 (Exh. 1)).
20.127.350 On -site open space.
(1) Purpose.
379
(a) To create useable space that is suitable for leisure or recreational activities for residents.
(b) To create open space that contributes to the residential setting.
(c) To provide plazas that attract shoppers to commercial areas.
(d) To provide plazas and other pedestrian oriented spaces in commercial areas that
enhance the employees' and public's opportunity for active and passive activities, such as dining,
resting, people watching, and recreational activities.
(e) To enhance the development character and attractiveness of commercial development.
(2) Usable Residential Open Space.
(a) All multi -household development, including multi -household portions of mixed use
development, must provide minimum usable open space equal to 100 square feet per dwelling unit
for studio and one -bedroom dwellings and 150 square feet per dwelling unit for dwellings with two
or more bedrooms.
Developments adjacent to or across the street from a public park can qualify for a 50 percent
reduction in the required open space via a departure, where it is determined that both the park and
access to the park help to meet the usable open space purpose.
The required open space may be provided in a combination of ways:
(i) Shared Open Space. One hundred percent of the required open space may be in
the form of shared open space available to all residents and meeting the requirements of
subsection (2)(b) of this section. Shared open space may be in the form of courtyards, front
porches, patios, play areas gardens or similar spaces.
(ii) Ground Level Private Outdoor Space. One hundred percent of the required open
space may be provided by ground level outdoor space that is adjacent and directly
accessible to the subject unit. Such open spaces must be enclosed by a fence and/or
hedge at least 32 inches in height to qualify. Ground level private open space in excess of
minimum requirements must not be used in the calculations for determining the minimum
useable open space requirements for other units in the development.
(iii) Balconies. Up to 50 percent of the required open space may be provided by
private balconies provided they are at least 36 square feet with no dimension less than six
feet. Individual balconies in excess of minimum requirements must not be used in the
calculations for determining the minimum useable open space requirements for other units
in the development.
(iv) Common Indoor Recreation Areas. Up to 50 percent of the required open space
may be provided by common indoor recreation areas meeting the requirements of
subsection (2)(c) of this section.
(v) Shared Roof Decks. For mixed use buildings, up to 100 percent of the required
open space may be provided by shared roof decks located on the top of buildings which are
available to all residents and meet the requirements of subsection (2)(d) of this section.
380
Roof decks in mixed use buildings shall not be accessible to commercial tenants,
employees, or customers.
(b) Shared Open Space. Shared open space can include landscaped courtyards or decks,
entrance plazas, gardens with walkways, children's play areas, pools, and water features provided
they are accessible to all residents of the development. Accessible areas used for storm water
retention or other multipurpose recreational and/or green spaces that meet the design criteria
herein may qualify as shared open space.
Special requirements for common usable open spaces include the following:
(i) Shared open space must be located in centralized areas that are visible from
units within the development.
(ii) Required setback areas must not count as shared open space unless the design
of the space meets the standards herein.
(iii) Shared open space must feature no dimension less than 15 feet in order to
provide functional leisure or recreational activity (unless otherwise noted herein).
(iv) Shared open space must feature paths or walkable lawns, landscaping, seating,
Lighting, and play structures, sports courts, or other pedestrian amenities to make the area
more functional and enjoyable for a range of users.
(v) Shared open space must be separated from ground level windows, streets,
service areas and parking lots with landscaping, fencing, and/or other acceptable
treatments that enhance safety and privacy for both the shared open space and dwelling
units.
(vi) When possible, the space should be oriented to receive sunlight, face east, west
or preferably south.
(vii) Stairways and service elements located within or on the edge of shared open
space must not be included in the open space calculations.
(viii) Shared porches may qualify as shared open space provided they are at least
eight feet in depth and 96 square feet in total area.
(ix) The space must be accessible to all residents of the development.
(x) Natural, artificial, and stormwater ponds may be included in the shared open
space. A maximum of 50 percent of the pond surface area, as measured when the pond is
at its maximum designed depth, may be counted towards the minimum requirements of
subsection (2)(a) of this section. Ponds must be integrated with trails and other features
listed above to qualify as shared open space.
381
Figure 20.127.350(2)(b)(i)
Shared Open Space Examples
The upper examples include a combination of open lawn area for informal recreation plus
walkways and decorative landscape areas to enhance the setting for residents.
l
The left image above includes a covered gathering space with outdoor grills adjacent to a
landscaped commons with a central walkway. The right image includes a pond/wetland type area
with boardwalk and seating areas.
Figure 20.127.350(2)(b)(ii)
Acceptable and Unacceptable Examples of Ponds as Open Space
382
The above images show an acceptable example of using a pond as shared open space. Lawns,
gentle slopes, and a perimeter walking path are integrated into this amenity.
The above image shows a stormwater pond that would not qualify as shared open space. The pond
is fenced, inaccessible to users of the development, and it is lined by steep rocky banks.
(c) Indoor Recreational Areas. Such spaces must meet the following conditions:
(i) The space must be located in a visible area, such as near an entrance, lobby, or
high traffic corridors.
(ii) Space must be designed specifically to serve interior recreational functions and
not merely be leftover unrentable space used to meet the open space requirement. Such
space must include amenities and design elements that will encourage use by residents.
(d) Shared Rooftop Decks. Such spaces must meet the following requirements:
(i) Space must feature hard surfacing and provide amenities such as seating areas,
landscaping, and/or other features that encourage use.
(ii) Space must integrate landscaping elements that enhance the character of the
space and encourage its use.
(iii) Space must incorporate features that provide for the safety of residents, such as
enclosures, railings, and appropriate lighting levels.
383
Figure 20.127.350(2)(d)
Rooftop Deck Examples
(3) Usable Commercial Open Space. New developments with nonresidential uses (except for
development within the employment — industrial/office zone) on sites with a total site area greater
than one-half acre must provide open space equal to at least two percent of the gross square
footage of the development. The open space may be in the form of pedestrian -oriented space per
subsection (4) of this section, garden, play area or other open space feature that serves both as a
visual amenity and a place for human activity. Portions of sidewalks that are wider than 12 feet and
which meet the standards of pedestrian -oriented space may be counted toward this requirement.
For this specific standard, "site area" includes all land needed for the nonresidential portion of the
project including parking, service areas, access and required landscaping. Nonresidential open
space features must be approved by the reviewing authority.
Departure: Open space area may be reduced to one percent of the development envelope if the
reviewing authority finds the project includes exceptional design features and elements that meet
the purpose of the standards. This includes open spaces that feature a combination of design (site
materials, amenities, and configuration) and location/context that clearly exceed typical plaza
designs found in the region.
Figure 20.127.350(3)
Example Site Development Integrating Usable Commercial Open Space
Example
Site Area: 66,000 SF (2% = 1,320 SF)
f Single 1,320 SF
pedestrian -oriented space
E on street corner
Building with > 10,000 SF Building with > 10,000 SF
of Non -Residential Use(s) Multiple pedestrian -oriented of Non -Residential Use(s)
spaces adding up to 1,320 SF
located in strategic and
visible places
! Parking 0 0 Parking (�
-- -' F 0 -
- ' •_ Lam_. �� -..
384
(4) Pedestrian -Oriented Space Design Criteria. This subsection describes the requirements and
desired characteristics of pedestrian -oriented space (which may be used to meet the requirements
of subsection (3) of this section).
(a) Required Pedestrian -Oriented Space Features.
(i) Visual and pedestrian access into the site from a street, private access road, or
publicly accessible parking area.
(ii) Paved walking surfaces of either concrete or approved unit paving.
(iii) The spaces must be located in or adjacent to areas with significant pedestrian
traffic to provide interest and security, such as adjacent to or visible from a building entry.
(iv) At least two linear feet of seating area (a bench or ledge at least 16 inches deep
and appropriate seating height) or one individual seat per 60 square feet of plaza area or
open space.
(v) Landscaping components that add visual interest and are not a visual barrier.
This could include planting beds, raised planters, and/or potted plants.
(b) Desirable Pedestrian -Oriented Space Features.
(i) Pedestrian amenities, such as site furniture, lighting, artwork, drinking fountains,
shade structures or other similar features.
(ii) Adjacent buildings with transparent windows and doors covering at least 50
percent of the facade between 30 inches and 10 feet above the ground level.
(iii) Pedestrian weather protection, alcoves, seating, or other features along building
edges to allow for outdoor gathering.
(iv) Concrete or unit paving.
(c) Features Prohibited within a Pedestrian -Oriented Space.
(i) Asphalt pavement.
(ii) Adjacent service areas (e.g., trash areas) that are not separated with
landscaping, as required in POMC 20.127.360, Location and design of service areas and
mechanical equipment.
(iii) Adjacent chain -link fences.
(iv) Adjacent "blankwalls" without "blank wall treatment" (see POMC
20.127.460(3)).
(v) Outdoor storage.
385
Figure 20.127.350(4)(i)
Example of Standards Applied to a Small Pedestrian -Oriented Space
Weather protection, alcoves,
and seating along building
edges are desired
Required: 2 linear feet
of seating area or one
individual seat per 60
square feet of open area
Concrete or unit paving
is desirable.Asphalt
paving is prohibited.
/' `a \/
� the s4a�
st,bet a cress
Figure 20.127.350(4)(ii)
Desirable Examples of Pedestrian -Oriented Space
dw
Required: Positioned
adjacent to a building entry
or pathway with significant
pedestrian traffic
Amenities such as
furniture, artwork,
fountains, and shade
structures are desired
Pedestrian -scaled lighting
is desired
Required: Landscaping that is
not a visual barrier
N4
The left example above is a colorful plaza with outdoor seating, landscaping elements and direct
access to adjacent retail uses. The upper right image is a commons area with adjacent covered
386
areas.
A covered outdoor gathering space (left) may be used to meet pedestrian -oriented space
requirements. In the right image, the widened sidewalk area may be counted as pedestrian -
oriented space.
(5) Useable Mixed Use Open Space. Developments with a mix of residential and nonresidential
uses may double -count useable open space for both residential units and commercial square
footage, provided the double -counted open space meets the requirements of both subsections (2)
and (3) of this section. (Ord. 008-18 § 2 (Exh. 1)).
20.127.360 Location and design of service areas and mechanical equipment.
(1) Purpose.
(a) To minimize adverse visual, odor, and noise impacts of mechanical equipment, utility
cabinets and service areas at ground and roof levels.
(b) To provide adequate, durable, well -maintained, and accessible service and equipment
areas.
(c) To protect residential uses and adjacent properties from impacts due to location and
utilization of service areas.
(2) Location of Ground Related Service Areas and Mechanical Equipment.
(a) Service areas (loading docks, trash dumpsters, compactors, recycling areas, electrical
panels, and mechanical equipment areas) must be located for convenient service access while
avoiding negative visual, auditory, olfactory, or physical impacts on the streetscape environment
and adjacent residentially zoned properties. Service areas must be sited for alley access if
available.
The director and/or hearing examiner may require evidence that such elements will not significantly
impact neighboring properties or public areas. (For example, noise damping specifications may be
required for fans located near residential zones.)
(b) Exterior Loading Areas. Exterior loading areas for commercial uses must not be located
within 20 feet of a single-family residentially zoned property.
387
Departure opportunity: Exterior commercial loading areas are exempt from this standard if the
reviewing authority finds such a restriction does not allow feasible development and alternative
design measures can successfully mitigate potential negative impacts. For example, areas and
drives may be required to be separated from the residential lot by a masonry wall at least eight feet
high.
(c) Service areas must not be visible from the sidewalk and adjacent properties. Where the
reviewing authority finds that the only option for locating a service area is an area visible from a
public right-of-way, resident/customer parking area, internal walkway or pedestrian area, or from
an adjacent property, the area must be screened with structural and landscaping screening
measures provided in subsection (3) of this section and Chapter 20.128 POMC, Development
Standards — Landscaping.
Departure opportunity: Service elements accessible from an alley are exempt from screening
requirements.
(d) Design for Safety. Other provisions of this section notwithstanding, service areas used
by residents must be located to avoid entrapment areas and other conditions where personal
security is potentially a problem. Pedestrian -scaled lighting or other measures may be required to
enhance security.
(e) Locate and shield noise -producing mechanical equipment, such as fans, heat pumps,
etc., to minimize sounds and reduce impacts to adjacent residentially zoned properties.
Figure 20.127.360(2)
DUM PS1
LOCATE
REAR O
SITE
Service Element Location
Locate service elements to reduce impacts on the residential and pedestrian environment, and
provide appropriate enclosure.
388
(3) Screening of Ground Related Service Areas and Mechanical Equipment.
(a) Where screening of ground level service areas is called for (see subsection (2) of this
section), adhere to the following:
(i) A structural enclosure must be constructed of masonry, heavy -gauge metal, or
decay -resistant material that is also used with the architecture of the main building. The
reviewing authority may allow materials other than those used for the main building if the
finishes are similar in color and texture or if the proposed enclosure materials are more
durable than those for the main structure. The walls must be sufficient to provide full
screening from the affected roadway, pedestrian areas or adjacent use. The enclosure may
use overlapping walls to screen dumpsters and other materials (see Figure 20.127.360(3)
below).
(ii) Gates must be made of heavy -gauge, site -obscuring material. Chain link or chain
Link with slats is not an acceptable material for enclosures or gates.
(iii) Where the inside of service enclosures are visible from surrounding streets,
walkways, and buildings, an opaque or semi -opaque horizontal cover or screen must be
used to mitigate unsightlyviews. The horizontal screen/cover should be integrated into the
enclosure design and compatible with adjacent development.
(iv) Collection points must be located and configured so that the enclosure gate
swing does not obstruct pedestrian or vehicle traffic, or does not require that a hauling truck
project into any public right-of-way. Ensure that screening elements allow for efficient
service delivery and removal operations.
(v) The service area must be paved.
(b) The sides and rear of service enclosures must be screened with landscaping at least five
feet wide in locations visible from the street, parking lots, and walkways to soften views of the
screening element and add visual interest.
Departures from the provisions of subsections (3)(a) and (b) of this section will be considered
provided the enclosure and landscaping treatment meet the purpose of the standards and add
visual interest to site users.
389
Figure 20.127.360(3)
Acceptable Screening Enclosure
All three examples use durable and attractive enclosures with trees and shrubs to soften views of
the enclosures from the side. The lower left example uses a trellis structure on top — a desirable
example particularly where the top of the enclosures are visible from surrounding buildings, streets,
and walkways (due to topography or building heights).
(4) Utility Meters, Electrical Conduit, and Other Service Utility Apparatus.
(a) These elements must be located and/or designed to minimize their visibility to the
public. Project designers are strongly encouraged to coordinate with applicable service providers
early in the design process to determine the best approach in meeting these standards. If such
elements are mounted in a location visible from the street, pedestrian walkway, shared open
space, or shared auto courtyards, they must be screened with vegetation and/or integrated into the
building's architecture.
390
Figure 20.127.360(4)
Utility Meter Location and Screening — Good and Bad Examples
VIM
Place utility meters in less visible locations. The upper and lower left examples are successfully
tucked away in a less visible location and/or screened by vegetation. The right images are poorly
executed and would not be permitted in such visible locations. Such meters must be coordinated
and better integrated with the architecture of the building.
(5) Location and Screening of Roof -Mounted Mechanical Equipment.
(a) All rooftop mechanical equipment, including air conditioners, heaters, vents, and similar
equipment must be fully screened from public view both at grade and from higher buildings with the
exception of solar panels and roof -mounted wind turbines. Screening must be located so as not to
interfere with operation of the equipment.
(b) For rooftop equipment, all screening devices must be well integrated into the
architectural design through such elements as parapet walls, false roofs, roof wells, clerestories, or
equipment rooms. Screening walls or unit -mounted screening is allowed but less desirable. Wood
must not be used for screens or enclosures. Louvered designs are acceptable if consistent with
building design style. Perforated metal is not permitted.
(c) The screening materials must be of material requiring minimal maintenance, and must
be as high as the equipment being screened.
391
(d) Locate and shield noise -producing mechanical equipment, such as fans, heat pumps,
etc., to minimize sounds and reduce impacts to adjacent residentially zoned properties.
Figure 20.127.360(5)
Examples of How to Screen Roof -Mounted Mechanical Equipment
The examples above use walls to screen rooftop mechanical equipment from view from the street.
(Ord. 008-18 § 2 (Exh. 1)).
Article IV. Building Design Standards
20.127.400 Purpose.
See the individual "purpose" statements for each section in this article. (Ord. 008-18 § 2 (Exh. 1)).
20.127.410 Applicability and compliance.
(1) See POMC 20.127.020(1) for clarification on the types of development to which these standards
apply.
(2) See POMC 20.127.020(2) for the relationship between the provisions in this article and other
documents and codes.
(3) See POMC 20.127.020(3) for the application of building additions and remodels and site
improvements. (Ord. 008-18 § 2 (Exh. 1)).
20.127.420 Building character.
(1) Purpose.
(a) To promote buildings with an architectural character that reflects the region's aesthetic
and is based on human scaled design details, durable high quality materials, sustainable design
measures, and respond uniquely to the site's context.
(b) To emphasize that high quality design is most critical to Port Orchard's high visibility sites
and corridors.
(c) To avoid generic, corporate architectural design that degrades the character and identity
of Port Orchard.
(2) Corporate Architecture.
392
(a) Architecture that is defined predominately by corporate identity features and is difficult
to adapt to other uses is prohibited. For example, some franchise convenience uses have very
specific architectural features (such as a distinctive roofline design that functions as a sign) that
reinforce their identity. As tenants change in these types of buildings, these corporate identity
features can negatively impact the character of the area and identity of new tenants. These features
can also be very expensive to reconfigure and adapt to new uses.
(b) Exemptions. This prohibition does not apply the Bravo Terrace and Sedgwick Road areas
identified in Figure 20.127.420.
Figure 20.127.420
Areas Exempt from the Prohibition of Corporate Architecture
(Ord. 008-18 § 2 (Exh. 1)).
20.127.430 Building massing and articulation.
(1) Purpose.
(a) To employ facade articulation techniques that reduce the perceived scale of large
buildings and add visual interest from all observable scales.
(b) To create clear and welcoming building entries.
(2) Facade Articulation — Nonresidential. Storefronts and other buildings with nonresidential uses
on the ground level facade must include articulation features every 40 feet (maximum) to create a
pattern of small storefronts. At least three of the following features must be employed at intervals
no greater than 40 feet:
393
(a) Window patterns and/or entries.
(b) Use of weather protection features.
(c) Use of vertical piers/columns.
(d) Change in roofline per subsection (6) of this section.
(e) Change in building material or siding style.
(f) Other design techniques that effectively reinforce a pattern of small storefronts
compatible with the building's surrounding context.
Other features that could be used to meet the standards on block frontages that are not designated
as storefront.
(g) Vertical elements such as a trellis with plants, green wall, art element.
(h) Providing vertical building modulation of at least 12 inches in depth if tied to a change in
roofline per subsection (6) of this section or a change in building material, siding style, or color.
Departure: Other articulation features may be used provided they meet the purpose of the
standards and the design criteria set forth in subsection (4) of this section.
Figure 20.127.430(2)
Facade Articulation Examples
R
The left image uses window patterns, weather protection elements, and roofline modulation. The
photo example to the right also includes window patterns and weather protection along with a
change in masonry texture and color to articulate the facade. The lower example illustrates how a
multitenant retail building can successfully be articulated (windows, weather protection, vertical
394
building modulation, and roofline changes).
(3) Facade Articulation — Residential. Residential buildings must include articulation features at
intervals that relate to the location/size of individual units within the building (or no more than every
30 feet) to break up the massing of the building and add visual interest and compatibility to the
surrounding context. At least three of the following features must be employed at intervals no
greater than the unit interval or 30 feet (whichever is less):
(a) Use of windows and/or entries.
(b) Change in roofline per subsection (6) of this section.
(c) Change in building material, siding style, and/or window pattern.
(d) Providing vertical building modulation of at least 12 inches in depth if tied to a change in
roofline modulation per subsection (6) of this section or a change in building material, siding style,
or color. Balconies may be used to qualify for this option if they are recessed or projected from the
facade by at least 18 inches. Juliet balconies or other balconies that appear to be tacked on to the
facade will not qualify for this option unless they employ high quality materials and effectively meet
the purpose of the standards.
(e) Vertical elements such as a trellis with plants, green wall, art element.
(f) Other design techniques that effectively break up the massing at no more than 30-foot
intervals.
Departures: Other articulation features will be considered provided they meet the purpose of the
standards and the design criteria set forth in subsection (4) of this section.
395
Figure 20.127.430(3)
Residential Facade Articulation Examples
30' max. I I 30' max. 1 1 30' max.
Below examples use a combination of vertical building modulation, window patterns, material
changes, and roofline modulation.
(4) Departure Criteria Associated with Articulation Standards. Proposals must meet the purpose of
the standards. The following criteria will be considered in determining whether the proposed
articulation treatment meets the "purpose."
(a) Consider the type and width of the proposed articulation treatment and how effective it
is in meeting the purpose given the building's current and desired context (per Port Orchard's
comprehensive plan or applicable adopted subarea plan).
(b) Consider the applicable block frontage designation. Undesignated block frontages
warrant more flexibility than block frontages designated as varied or landscaped.
(c) Consider the size and width of the building. Smaller buildings warrant greater flexibility
than larger buildings.
(d) Consider the quality of facade materials in concert with doors, windows, and other
facade features and their ability to add visual interest to the street from a pedestrian scale and
more distant observable scales.
396
Figure 20.127.430(4)
Facade Articulation Departure Examples
This building would be a good departure example. Its two clear articulation features are the window
patterns and the entry/building modulation feature (three minimum are required). However, the
overall effectiveness of these articulation features combined with the high quality of materials and
detailing and the relatively small width of the building help it meet the purpose of the standards.
(5) Maximum Facade Width. For most buildings, small scale articulation techniques (see
subsections (2) and (3) of this section) are sufficient to reduce the perceived scale of buildings, add
visual interest, and contribute to the pedestrian environment. Larger buildings need more
substantial articulated/modulated features to break up the massing and add visual interest.
Building facades wider than 100 feet must include at least one of the following features to break up
the massing of the building and add visual interest. Building walls facing alleys, rear or side yards
are not subject to the standards herein, except for zone edge properties, when adjacent to a lower
intensity zoning district.
(a) Provide vertical building modulation at least 20 feet deep and 30 feet wide. For multi-
story buildings, the modulation must extend through more than one-half of the building floors.
(b) Use of a contrasting vertical modulated design component featuring all of the following:
(i) Component extends through all floors above the first floor fronting on the street.
Exception: upper floors that are set back more than 10 feet horizontally from the facade are
exempt.
(ii) Utilizes a change in building materials that effectively contrasts with the rest of
the facade.
397
(iii) Component is modulated vertically from the rest of the facade by an average of
six inches.
(iv) Component is designed to provide roofline modulation per subsection (6) of this
section.
(c) Facade employs building walls with contrasting articulation that make it appear like two
distinct buildings. To qualify for this option, these contrasting facades must employ all of the
following:
(i) Different building materials and/or configuration of building materials.
(ii) Contrasting window design (sizes or configurations).
(d) Departures will be considered provided the design meets the purpose of the standards.
Supplemental consideration for approving alternative designs:
(i) Width of the Facade. The larger the facade, the more substantial articulation/
modulation features need to be.
(ii) Block Frontage Designation. Storefront designated block frontages warrant the
most scrutiny while undesignated streets warrant more flexibility.
(iii) The type of articulation treatment and how effective it is in meeting the purpose
given the building's context.
Figure 20.127.430(5)(i)
Illustrating Maximum Facade Width Standards
Less than 100 feet wide: meets standard. More than 100 feet wide: does not meet standard.
398
Building incorporates a 20-foot by
30-foot courtyard along the facade to effectively break it up into smaller components: meets
standard.
Figure 20.127.430(5)(ii)
Facade Width Good and Bad Examples
Both buildings use modulated entry features to help break up the perceived massing and add visual
interest.
F- �r
�g
n c n i l
oil
The left building (about 110 feet wide) uses an articulated partial third floor along with smaller
articulation treatments on the main floors to effectively break up the perceived scale and add visual
interest (this would be a good departure example). The building to the right would not be an
acceptable example. While the articulated features on the lower floors help, the monotony of the
very long upper floor and roofline would not be acceptable.
399
(6) Roofline Modulation. In order to qualify as a facade articulation feature in subsections (2), (3),
and (5) of this section, rooflines must employ one or more of the following:
(a) For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical
dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish
grade to top of the wall) when combined with vertical building modulation techniques described in
subsections above. Otherwise, the minimum vertical dimension of roofline modulation is the
greater of four feet or 0.2 multiplied by the wall height.
(b) A pitched roofline or gabled roofline segment of at least 20 feet in width. Buildings with
pitched roofs must include a minimum slope of 5:12 and feature modulated roofline components
at the interval required per the applicable standard above.
(c) A combination of the above.
Departures: Other designs will be considered provided the roofline modulation design effectively
reduces the perceived scale of the building and adds visual interest.
Figure 20.127.430(6)
Acceptable Examples of Roofline Modulation
A
Minimum height
difference — (.1 )iA)
Minimum depth = V
Roofline modulation examples for flat roofs.
The bottom left building illustrates a pitched roof example and the bottom right building includes a
combination of flat and gabled rooflines.
400
(Ord. 008-18 § 2 (Exh. 1)).
20.127.440 Building details.
(1) Purpose.
(a) To encourage the incorporation of design details and small scale elements into building
facades that are attractive at a pedestrian scale.
(b) To integrate window design that adds depth, richness, and visual interest to the facade.
(2) Facade Details — Nonresidential and Mixed Use Buildings. All commercial and mixed use
buildings must be enhanced with appropriate details. All new buildings and additions associated
with Level II and III improvements (see POMC 20.127.020) must employ at least one detail element
from each of the three categories below for each facade articulation interval (see POMC
20.127.430).
For example, a building with 120 feet of street frontage with a facade articulated at 40-foot intervals
will need to meet the standards for each of the three facade segments below.
(a) At least one window and/or entry treatment, such as the following, must be employed for
each articulation interval:
(i) Display windows divided into a grid of multiple panes.
(ii) Transom windows.
(iii) Roll -up windows/doors.
(iv) Other distinctive window treatment that meets the purpose of the standards.
(v) Recessed entry.
(vi) Decorative door.
(vii) Other decorative or specially designed entry treatment that meets the purpose
of the standards.
Figure 20.127.440(2)(a)
Examples of Decorative or Specially Designed Windows and Entries
401
• - a
Examples of decorative or specially designed windows and entries. A = openable storefront
window. B = transom windows. C = openable window with decorative details. D = decorative
window shades. E = decorative door. F = recessed entry.
(b) At least one building element or facade detail, such as the following, must be employed
for each articulation interval:
(i) Custom -designed weather protection element such as a steel canopy, cloth
awning, or retractable awning.
(ii) Decorative building -mounted light fixtures.
(iii) Bay windows, trellises, towers, and similar elements.
(iv) Decorative, custom hanging sign(s) (option only available for building remodels).
(v) Other details or elements that meet the purpose of these standards.
402
Figure 20.127.440(2)(b)
I
of Attached Elements That Enhance the Visual Intrigue of the Building
Examples
Examples of elements attached to facade that enhance the visual intrigue of the building. A =
retractable awning. B = custom hanging bike rack and repair station integrated as a storefront
design element. C = decorative facade/sign lighting. D and E = custom decorative canopy. F =
decorative tower.
(c) At least one building material and other facade element, such as the following, must be
employed for each articulation interval:
(i) Use of decorative building materials/use of building materials. Examples include
decorative use of brick, tile, or stonework.
(ii) Artwork on building, such as a mural or bas-relief sculpture.
(iii) Decorative kick -plate, pilaster, base panel, or other similar feature.
(iv) Hand-crafted material, such as special wrought iron or carved wood.
(v) Other details that meet the purpose of the standards.
"Custom," "decorative," or "hand-crafted" elements referenced above must be distinctive or "one -
of -a -kind" elements or unusual designs that require a high level of craftsmanship.
Departures will be considered provided the facade (at the overall scale and at the individual
articulation scale) meets the purpose of the standards above.
403
Figure 20.127.440(2)(c)
Examples of Decorative Surface Materials
r�
fH
Examples of decorative surface materials. A = decorative brick/design. B = decorative tile -work and
column pattern. C = decorative medallion.
F'O
IN
D = decorative mosaic tile work. E = decorative bulkhead. F = decorative materials and design.
(3) Window Design Standards. All windows (except storefront display windows) must employ
designs that add depth and richness to the facade. At least one of the following features must be
included to meet this requirement:
(a) Recess windows at least two inches from the facade.
(b) Incorporate window trim (at least three inches wide) around windows.
(c) Incorporate other design treatments that add depth, richness, and visual interest to the
facade.
Departures from the window standards above will be considered provided the design meets the
purpose of the standards.
404
Figure 20.127.440(3)
Acceptable and Unacceptable Window Design Examples
Recessed and/or trimmed windows above.
r
-I, I The window in the left image lacks any other detail that adds
visual interest. However, the right example, with its prominent black sash and muntins and
frieze/apron details above and below the windows would be acceptable departure design.
(4) Cornice/Roofline Design for Flat Roofs. Nonresidential and mixed use buildings employing a flat
roof must employ a distinctive roofline that effectively provides an identifiable "top" to the building,
including one of the following (Figure 20.127.440(4) below illustrates acceptable and unacceptable
examples):
(a) A traditional cornice line or a contemporary interpretation of a traditional cornice line.
Such rooflines must be proportional to the size and scale of the building.
(b) Understated cornice lines are permitted depending on the materials and design of the
base and middle elements in reinforcing the base/middle/top configuration.
Rooftop solar units are permitted, provided the placement and design of units visible from the
surrounding streetscape are carefully integrated into the overall design concept of the building.
405
Departure: Alternative roofline designs may be acceptable provided the building design,
collectively, meets the purpose of the standards. For example, adding additional articulation
treatments and/or detailing may help the building meet the departure criteria.
Figure 20.127.440(4)
Examples of Buildings Employing Confident and Distinctive Rooflines
1! 1
OPT JOR
Building 1 uses a dramatic overhanging cornice at the corner. The left portion of building 1 uses a
very simple cornice line —to go with the upper level setback. Building 2 uses a traditional cornice
line.
Building 3 uses capped projecting columns along with an understated cornice line. Building 4 uses
a very simple roofline —which is acceptable in this case due to the prominence of the wooden
canopy.
(5) Articulated Building Entries. The primary building entrance for an office building, hotel,
apartment building, public or community -based facility or other multi -story commercial building
must be designed as a clearly defined and demarcated standout architectural feature of the
building. Such entrances must be easily distinguishable from regular storefront entrances on the
building. Such entries must be scaled proportional to the building. See Figure 20.127.440(5) below
for good examples.
406
Figure 20.127.440(5)
Acceptable Building Entry Examples
t
(Ord. 008-18 § 2 (Exh. 1)).
20.127.450 Building materials.
(1) Purpose.
(a) To encourage the use of durable, high quality, and urban building materials that minimize
maintenance cost and provide visual interest from all observable vantage points.
(b) To promote the use of a distinctive mix of materials that helps to articulate facades and
lends a sense of depth and richness to the buildings.
(c) To place the highest priority on the first floor in the quality and detailing of materials at
the pedestrian scale.
(2) Quality Building Materials. Applicants must use high quality durable materials. This is most
important for the base of buildings, particularly for commercial and mixed use buildings where the
facade is sited close to sidewalks. At a minimum, stone, brick or tile masonry, or architectural
concrete (first two feet only) must be used (excluding window and door areas) for the first floor of
cladding on nonresidential or mixed use buildings and the first two feet of residential buildings.
(3) Special Conditions and Limitations for Concrete Block (Also Known as Concrete Masonry Unit or
CMU). Concrete block may be used as a cladding material if it is incorporated with other permitted
materials and/or incorporates a combination of textures and/or colors to add visual interest. For
example, combining split or rock -facade units with smooth blocks can create distinctive patterns.
The figure below illustrates acceptable concrete block use/designs.
407
Figure 20.127.450(3)
Acceptable Concrete Block Use/Design f
CMU is the primary cladding for the corner element above, but secondary to brick on the main
facades. The corner element uses a combination of decorative split -faced CMU closer to the
sidewalk and smooth -faced CMU that is colored to look more like traditional white terra cotta tiles.
- t;
The above facade illustrates an acceptable alternative example, as CMU is used as the primary
cladding material. Note the use of split -facade CMUs above each of the awnings and coupled with
the use of smooth -facade CMUs on the vertical columns (which employ black accent tiles for
added interest).
(4) Special Conditions and Limitations for Metal Siding. Metal siding may be used as a secondary
cladding material if it is incorporated with other permitted materials and complies with the
following standards:
(a) It must feature visible corner molding and trim and must not extend lower than two feet
above grade. Masonry, concrete, or other durable material must be incorporated between the metal
siding and the ground plane.
(b) Metal siding must be factory finished with a matte, nonreflective surface.
(c) Use of at least two colors of metal siding on the facade is encouraged but not required.
Departures: Other designs will be considered provided the material's integration and overall facade
composition meets the purpose of the standards.
408
Figure 20.127.450(4)
Acceptable Metal Siding Examples
The use of metal siding in each example above is secondary to masonry. The left and right images
are more contemporary in character, whereas the middle image is more rustic and industrial, with
more refined windows.
(5) Special Conditions and Limitations for the Use of Exterior Insulation and Finish System (EIFS).
Such material/finishes may be used as a decorative accent cladding material if incorporated with
other permitted materials and compliant with the following:
(a) EIFS is limited to no more than 20 percent of the total facade area and may not be the
primary cladding material.
(b) EIFS must feature a smooth or sand finish only.
(c) EIFS must be trimmed in wood, masonry, or other material and must be sheltered from
weather by roof overhangs or other methods.
(d) EIFS must not extend lower than eight feet above grade. Concrete, masonry, or other
durable material must be used for ground level wall surfaces to provide a durable surface where
damage is most likely.
Departures to allow up to 50 percent coverage of the facade and other design treatments will be
considered provided the material's integration and overall facade composition meets the purpose
of the standards.
409
Figure 20.127.450(5)
Acceptable and Unacceptable EIFS Examples
Note the use of brick and decorative concrete block on the ground level and EIFS on the second
floor of the left image. The window treatments visible on the second floor add depth and interest to
the facade. The right image employs EIFS between the window and sidewalk —this design is
prohibited.
(6) Special Conditions and Limitations for Cementitious Wall Board Paneling/Siding. Such material
may be used provided it meets the following provisions:
(a) Cement board paneling/siding may not be used on the ground floor of nonresidential or
mixed use buildings where adjacent to a sidewalk or other pedestrian path.
(b) Where cement board paneling/siding is the dominant siding material, the design must
integrate a mix of colors and/or textures that are articulated consistent with windows, balconies,
and modulated building surfaces and are balanced with facade details that add visual interest from
the ground level and adjacent buildings.
Departures: Other designs will be considered provided the material's integration and overall facade
composition meets the purpose of the standards.
Figure 20.127.450(6)
Acceptable and Unacceptable Cementitious Wall Board Examples.
410
The above building uses cementitious wall board in different textures and colors to help articulate
the facade. The white color replicates the board and batten style in the left image and green color in
the right image effectively replicates horizontal wood siding.
The wall board panels covering a large area in a single color would not meet the purpose of the
standards. The right image is a better example and combines larger panels (dark maroon color) with
horizontal wall board siding (beige color) as effective articulation features. Below is a similar
acceptable example.
Another acceptable wall board example replicating board and batten style with horizontal siding
integrated with different colors and roofline modulation.
(Ord. 008-18 § 2 (Exh. 1)).
20.127.460 Blank wall treatments.
(1) Purpose.
(a) To avoid untreated blank walls.
(b) To retain and enhance the character of Port Orchard's streetscapes.
411
(2) Blank Wall Definition. A wall (including building facades and retaining walls) is considered a
blank wall if it is over 10 feet in height, has a horizontal length greater than 15 feet, and does not
include a transparent window or door.
Figure 20.127.460(2)
'BLANK WALL
greater than
15'
Blank Wall Definition
(3) Untreated blank walls visible from a public street, pedestrian -oriented space, common usable
open space, or pedestrian walkway are prohibited. Methods to treat blank walls can include:
(a) Displaywindows at least 16 inches of depth to allow for changeable displays. Tack on
display cases do not qualify as a blank wall treatment.
(b) Landscape planting bed at least five feet wide or a raised planter bed at least two feet
high and three feet wide in front of the wall with planting materials that are sufficient to obscure or
screen at least 60 percent of the wail's surface within three years.
(c) Installing a vertical trellis in front of the wall with climbing vines or plant materials.
(d) Installing a mural as approved by the reviewing authority.
(e) Special building detailing that adds visual interest at a pedestrian scale. Such detailing
must use a variety of surfaces; monotonous designs will not meet the purpose of the standards.
For large visible blank walls, a variety of treatments may be required to meet the purpose of the
standards.
Figure 20.127.460(3)
Acceptable and Unacceptable Blank Wall Treatments
El I PA
The left image illustrates that heavy landscaping can be very effective in treating a large blank wall.
The building in the middle image uses a combination of planted trellises and display ads integrated
with the building's architecture along a facade facing a drive -through. The example in the right
image simply doesn't use enough treatments and the result is a stark and unwelcome streetscape.
(Ord. 008-18 § 2 (Exh. 1)).
413
Exhibit P
11025061.2 - 366922 - 0021
414
Chapter 20.139
RESIDENTIAL DESIGN STANDARDS
Sections:
20.139.005 Purpose.
20.139.010 Applicability.
20.139.015 Residential garage configuration standards.
20.139.020 Garage placement and design.
20.139.022 Driveway standards for detached houses and middle housing -loaded
20.139.025 Building design.
20.139.030 Architectural details.
20.139.035 Architectural variety.
20.139.040 Building materials.
20.139.045 Roof design.
20.139.050 Accessory building standards.
20.139.065 Residentialwalls and fences standards.
20.139.005 Purpose.
The purpose of this chapter is to protect the public health, safety and welfare of Port
Orchard by guiding development to ensure that:
(1) Residential structures are designed and constructed in an attractive manner;
(2) Property values are protected;
(3) On- and off-street parking areas are used efficiently;
(4) Public spaces are visible from private living areas; and
(5) Neighborhoods are healthy, walkable places.
11025061.2 - 366922 - 0021
415
(6) Design standards are clear and objective.
20.139.010 Applicability.
(1) The standards in this chapter shall apply to detached houses, backyard cottages,
cottage courts (cottages), side -by -side back-to-back ,
attached houses -,-
middle housing, and accessory buildings to residential use as defined in
Chapter 20.32 POMC and 20.12 POMC, in any zone in which they are built as indicated
herein. For existing structures that are being modified or enlarged, the standards shall only
apply to the portions of the structure being modified and to any additions, unless the
project valuation exceeds 50 percent of the taxable value for the structure.
(2) When the project valuation exceeds 50 percent of the taxable value for the structure,
the entire structure shall be brought into compliance with this chapter; except that for any
portion of the existing building to which an owner is not proposing structural changes, the
city shall not require that portion of the existing building to be modified in the following
ways (except when required pursuant to the city's building codes):
(a) Moving an existing exterior wall;
(b) Adding additional windows to an existing exterior wall;
(c) Enlarging an existing covered entry;
(d) Relocating an existing garage or driveway;
(e) Replacing existing siding material; and
(f) Modifying an existing roofline.
20.139.015 ResadentiaVgGarage configuration standards.
(1) The configuration and maximum combined bei-width of street -facing garage door s
bays for the building types iisted below shall be limited based on iot width as feilowt-not
exceed 60 percent of the lot width.
11025061.2 - 366922 - 0021
416
Buildon
Type
Lot Wa
maxomtrm
number of sffide-
enclosed
standard parkin
stalls when
_h:_l_
from primary
street
Detaehed
00 feet
1-
-
40 feet up
2
to 60 feet
-
�!60#met
up to 10-0
feet
I
No limit
met
Baekyard
Cottage
N/A
{A
Side -by -
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1 Pei, tri'rit
or
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-
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11025061.2 - 366922 - 0021
417
20.139.020 Garage placement and design.
(1) The following provisions apply to detached houses, - -side duplexes, and back-to-
back dupiexes and middle housing:
(a) Where lots front e-n-a public street, and where vehicular access is from the
street, attached garages or carports shall be set back at least five feet behind the ground
floor front wall of the occupied portion of &ftet-Sethe building or front edge of an
unenclosed porch.
Exceptions:
(i) Garages may project up to six feet closer to the street than the ground floor
front wall of the occupied portion of a straettrre it in or front edge of an
unenclosed porch, provided it is set back at least +$20 feet from the property line ar
sidewaik edge (when sidewaiks are present) and incorporates at least two of the
11025061.2 - 366922 - 0021
418
design/detail features below. Garages placed flush with the ground floor front wall
for between zero and five f behind the front wall) of the ocetipied portion of th-e.
rebuilding shall incorporate at least one of the design/detail features below:
(A) A decorative trellis or arbor over the entire garage face, above and
surrounding the garage door.
(B) A balcony that extends out over the garage and includes columns.
(C) Two separate doors for two -car garages instead of one large door.
(D) Decorative windows on the garage door.
(E) Decorative details on the garage door. Standard squares on a
garage door will not qualify as a decorative detail. Traditional visible
hinges and handles (functional or decorative), and other construction
methods creating depth and texture on a garage door surface are
acceptable forms of decorative details. Examples of decorative
details are shown in Figure 2.
(F) A garage door color (other than white) that matches or
complements the color of the hemsebuilding.
(G) Other design techniques that effectively deemphasize the garage,
as determined by the director.
(ii) Garages may be placed closer to the street than the front wall of the douse
building or front edge of an unenclosed porch, provided the garage door faces an
interior lot line and features (a) window(s) facing the street, so that it appears to be
habitable.
(iii) Where lots abut an alley, the garage or off-street parking area shall take access
from the alley, unless precluded by steep topography. This requirement shall not
apply to unopened alleys.
11025061.2 - 366922 - 0021
419
10 mom
W, of IN.
'r H tac3GB
Figure 1. Garage placement/frontage standards and design.
11025061.2 - 366922 - 0021
420
f
MOB lob ■or IN
Figure 2. Garage design/detail examples.
20.139.022 Driveway standards for front -loaded townhomes, attached homes an-d
duplexesdetached houses and middle housing.
(1) Individual driveways approaches shall not exceed 20 feet
widein width.
11025061.2 - 366922 - 0021
421
(2) Shared-Odriveways shared between amongtwo or more dwellingstownhomes, two
shall not ex A-e 8 32 feet in width=pff
frontage measured at the street property line(s).
(3) , the buRding in vvI
townhornes, attached homes or duplexes are contained must be at least 30 All
other driveway standards must comply with POMC 20.124.090 and the adopted Public
Works Engineering Standards and Specifications (Ord. 056-19 § 28).
20.139.025 Building design.
This section shall apply to detached houses , cottages within a cottage eotirt, aR duplex
types, attached houses, and and middle housing as defined in Chapter 20.32
POMC and 20.12 POMC.
(1) Por-chetCovered Entry.
�a) All detached houses_, cottages within a cottage court, attached houses, and aLt
duplex shall have a porch meeting the standards of POMC 20.122.060.
(b) All middle housing buildings shall provide a covered entry consistent with the
requirements of the specific building type as described in POMC 20.32.
(2) Focal Point. All detached houses, cottages within a cottage coult, attached houses, aR
duplex types, and townhouses shall include front doors or windows (excluding windows on
a garage door or above a garage door) as a focal point on the front elevation.
(3) Windows and Transparency. All ,
buildings subject to these standards
shall include windows that collectively constitute the greater of a minimum of provide
the required transparency percentage
required of its building type as described in POMC 20.32 as follows:
(a) Transparent windows and/or doors facing the street are required. To meet this
requirement, at least eight pereent of. the facade must be transparettttransparency shall be
provided on each required buildingfaCade at the percentage identified for the s ep cific
building type in POMC 20.32.
(i) The calculation for determining compliance with the transparency
(window) area requirement shall be as follows:
Total Window Area = (Sum of the individual areas of all windows on a building
facade
11025061.2 - 366922 - 0021
Total Building Facade Area = (The total surface area of the building facade)
Window Area Percentage = (Total building facade window area/total building
jr*wtqr-1
ii T- h i--A building facade is measured from the base of the house to the start
of the roofline and any other vertical walls facing the street, except for gabled
portions of the facade not containing livable floor area (see Figure 3 for
clarification). Garages located on the street facing wall of the house shall count as
part of the facade.
Gabled portions of facade not
containing livable floor area do
not count as part of the facade.
At least 9% of the
facade must be
windows
Only shaded areas count as part
ofthe facade for the purpose of
calculating minimum transparency
Gabled portions of facade not containing livable
floor area do not count as par[ of the facade_
Only hatched areas count as part of the facade for the purpose
of calculating minimum transparency. Garages located on the
street facing wall of the house shall count as part of the facade,
Figure 3. Facade transparency.
(b) All buildings with street -facing facades shall include window trim and details that
conform to the following standards:
(i) Trim Width. Window trim shall have a minimum width of three and one-half
inches, measured from the edge of the window frame to the outer edge of the trim.
11025061.2 - 366922 - 0021
423
(ii) Trim Depth. Window trim shall extend outward from the facade to a
visual interest and architectural character. This may include decorative moldings.
sills, lintels, or other architectural elements that create death and texture. A
minimum of two options from the following list to achieve visual interest
compliance for window treatments on street -facing facades:
[&3]W:. - . Mm l �FM"I -� 1TRp.mwammMwito•Talimotwo'flil
a manner consistent with the architectural style of the building.
stone above a window (on masonry homes), The ke sv tone
shall be designed to complement the overall architectural style and shall be
appropriately sized and located above the window-
(C) Windows containing more than two glass panes for that give the
appewan-ce otmtAt_iple panes). Multi -pane windows shall be designed and
arranged to enhance visual interest and architectural character.
(D) Stained or custom glass. Stained or custom glass shall be
incorporated into windows in a manner that enhances visual interest and
complements the building's design.
(E) Exterior window sills. Exterior sills shall be designed and installed
to provide depth and visual interest to the windows.
(F) Other design techniques that effectively emphasize windows as an
architectural feature as determined by the director.
Div) An exception to the requirements of 20.139.025(3)(b)(i-iii) may be granted
where the minimum transparency, of the specific building type as described
in POMC 20.32 is exceeded by a rate of at least 5%.
- - -- ------ - - - --- - - - - - -- --- ---- - ---- - --
-- ----- - - - -- -- -- -- - -- --- -- - - -- ---- - - --
-- - --- --- -- ---- -- -- -- - - - --- ---- - - - --- -
- -- - - -- - --- - ----- -- 1111,211,11
---- - -- --- --- - --- - -
11025061.2 - 366922 - 0021
424
Figure 4. Acceptable (left and middle) and unacceptable (right) window design.
11025061.2 - 366922 - 0021
425
Figure 5. Examples of distinctive window or facade treatments.
20.139.030 Architectural details.
This section shall apply to detached houses, cottages within a cottage court, all duplex
types, attached houses, and townhou and middle housing.
(1) Architectural Details. Provide for architectural details that add visual interest to the
neighborhood and are well proportioned to achieve good human scale. Specifically,
incorporate at least three of the following detail elements into the fapade of the
he u mbui l i n :
(a) Decorative porch design, including decorative columns or railings.
(b) Bay windows or balconies.
(c)Decorative molding/framing details around all ground floor windows and doors.
11025061.2 - 366922 - 0021
426
(d) Decorative door design including transom and/or side lights or other distinctive
features.
fapade Decorative roofline elements including brackets, multiple dormers, and
chimneys.
(f) Decorative building materials, including decorative masonry, shingle, brick, tile,
stone, or other materials with decorative or textural qualities.
(g) Landscaped trellises or other decorative elements that incorporate landscaping
near the building entry.
(h) Distinctive paint schemes (such as a paint scheme consisting of three or more
colors).
(i) Other decorative facade elements or details that meet the intent and standards
as determined by the director.
Figure 6. Examples of how houses buildings can meet architectural detail criteria. Image A
includes decorative windows, building material treatment, and roofline elements. Image B
includes decorative brick use, window treatments, entry design, and ventilation circles.
Image C includes decorative building materials, door/entry feature, windows, and roofline
elements.
20.139.035 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.
11025061.2 - 366922 - 0021
C PAN
(2) AApplicability: This section shall apply to detached houses and middle housing building
#� c—, ail duplex types, and attaehed houses.
(a) Facade Elevation Variety Standards. The number of different facade elevations
i��•"[�fl'i�•"R�iflll. --'rMEAAMPF a IRJ• • NUMTOMMM:1 • • !Oit•'.IMM • u • 0
M o a- • •M OU,-
U Duplicative house building designs adjacent to each other are prohibited.
Simple reverse configurations of the same house building design on adjacent lots
are not sufficient to meet architectural variety goals. Exceptions may be granted by
the director in special circumstances where similar architectural consistency
provides a distinct character for a cluster of home - it in s surrounding an open
space or on a particular street (cottage homes in a cottage court for example�.
(-bii) Generally, the more hotisos it in in a subdivision or on a street
block, the greater the number of different facade elevations will be required.
Specifically, the following subdivision and street block variety standards shall apply:
(iA) Subdivisions.
{A}1. Ten (10) to 19 strueturesbuildings, a minimum of four
different facade elevations shall be used.
fB)2. Twenty (20) to 39 struettfft-abuiLdinp, a minimum of five
different facade elevations shall be used.
{C-)3. Forty (40) to 69 structuresbuildings, a minimum of six
different facade elevations shall be used.
ff )4. Seventy (70) or more structuresbuildings, a minimum of
seven different facade elevations shall be used.
(ffB) Street Block.
(A}1. Less than six6 staeurs it in=gs, a minimum of three
(3) different facade elevations shall be used.
($)2. Seven (7) to 10 struettiteabuildings, a minimum of four (4)
different facade elevations shall be used.
11025061.2 - 366922 - 0021
428
{C-)3. Eleven 11 to 14struetuffesb uil in s, a minimum of five
(5) different facade elevations shall be used.
{-834: Fifteen=MA or more structuresbABLcUngs, a minimum of
sixtWdifferent facade elevations shall be used.
Figure 7. Examples of homes featuring different facade elevations. Notice the different
rooflines, entry features, window designs/locations, exterior materials, and colors.
(eiii) Definition of Different Facade Elevation. In order to qualify as a different
facade eLevationbuildings shalta-- . .. ;"riteria:'n order ; qualify
different ----- elevation, dwellings shalt have different r-- -- configurations,
,d:11111 e re nt co to r pa Lettes, a n Ud 611111 e re rit p o rc I'llfe nt ry du esign. 1 n a U-j diti U- 1-1, C-1 1 1-11: 1-11: M u M of
two of the foliowing afternatives shalt be utilized -
(A) Have different roofline configurations, different color palettes. and
different porch/entry design that meet the requirements of the
specific building type and the requirements of POMC 20.122.
(B) Utilize a minimum of two of the following alternatives:
1. Different window o enings ((location and designl.
2. One- and two-story buildings.
3. Different exterior materials and finishes.
4. Different garage location, configuration, and design.
5. Other different
design
element that helps to
distinguish one
facade elevation
from
another as determined by
the director.
(0) Different
window
openings
(location and desfgn-)-.
11025061.2 - 366922 - 0021
429
-- -- --- --- - --- - -- - ----
20.139.040 Building materials.
This section shall apply to detached houses, cottages within a cottage court, all duplex
types, attaelied , and middle housing.
(1) The following building material standards shall be met:
(a) Mirrored glass and exposed concrete block (except for foundation/crawl space
walls where not visible from the street) are prohibited. Board form concrete is
acceptable.
(b) T-111 siding and other plywood types of siding (board and batten with a brick,
stone, or horizontal lap siding lower portion of the building is an exception) shall not
be used for facades adjacent to or directly viewable from a street or public place.
20.139.045 Roof design.
This section shall apply to detached houses, ail dtipiex types, and attached hemses middle
housing.
(1) A variety of articulated roof forms shall be provided for each individual #ewe building
that emphasize building form to create visual interest to the neighborhood and to avoid a
monotonous series of rooflines. Roofs should exhibit variety between different plans by
using front -to -rear and side -to -side gabled and hipped roofs, and/or by the introduction of
single -story elements. Roof materials, colors and treatments should correspond to the
individual character or style of the home and should be compatible with the overall look of
the neighborhood.
(2) All buildings with pitched roofs shall have a minimum slope of four -three feet vertical
rise for every 12 feet of horizontal run on the primary roof of the building. A continuous
pitched street -facing roof l� ane shall extend no more than 40 linear feet unless it contains
roof elements. Roof elements may include at least one of the following:
(a) Dormers.
(b) Cupolas.
(c) Gable or hip projection.
11025061.2 - 366922 - 0021
430
(d) Hipped roofs or similar construction are encouraged alongside yards in
neighborhoods with closely -adjacent homes to maximize solar access to
neighboring homes and/or private open space, as shown below.
Clawed roCllillne
fawl; side yard
"7"B,
AM:
"M—i7
®�,H
LPI
span ipa.-
I r00%ne
faI sda yard — -
r+II redf ce the
amoLnt of shadmp
to agacent sde yard
® EB
Usable
Figure 8. Encourage rooflines along the side yard that maximize solar access to adjacent
homes and/or private open space.
20.139.050 Accessory building standards.
Accessory buildings (including detached garages) with more than 200 square feet of floor
area shall be designed to be compatible with the primary structure in scale, size, materials,
detailing, and roofline, as determined by the director. Accessory buildings of any size that
have more than one story (such as a loft, mezzanine or attic space), and accessory
buildings that will be located within a required fire separation according to the IRC, may
require a building permit.
5 a
- - - - •.......- - - - - - - - - - - - - - .E,•.....��.�.....�...,....,aE - - - -
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11025061.2 - 366922 - 0021
431
Windows facing the street ;
are required (at least 10%
of the facade area)
Pitchedfarticulated
roof forms
Porch can protect up to
into the front yard setback
X/
provided it is at least 48sf
with no dimension less
r ROW EdgelFront Property Line
than 6
(In this case. back of sidewalk)
Garage doors are set back from the
facade and occupy less than 60 %
of the ground level facade
20.139.065 Residentialwalls and fences standards.
(1) General Standards. The following standards shall apply to all residential development:
11025061.2 - 366922 - 0021
432
(a) Fences and walls shall either be finished (i.e., without exposed supports or
stringers) on both sides, or else shall be installed so that the finished side faces any street.
Figure 10: Fence with finished side facing a street (left); fence finished on both sides
(center); fence with finished side not facing a street (right).
(b) Fences and walls shall follow the contour of the ground as far as practicable.
Fences on sloped ground may be installed on an incline, or may be installed in stepped
sections, with or without an accompanying retaining wall; however, inclined fences and
stepped fences and/or walls shall have the fence and/or fence section height measured in
the same manner as level fences and shall comply with the maximum height restrictions as
provided in this section. Adjustments for grade shall occur at the bottom of the fence to
every extent possible. See Figure 11.
AMI
Figure 11: Fences on slopes.
(c) Solid fencing or wall sections more than 200 feet long located along a street shall
include architectural features, such as masonry, brick or wood -framed columns to break
up the street facing side of the fence. The minimum separation between those features
shall be no less than 15 feet.
Examples of acceptable (upper rows) architectural features and unacceptable (bottom
row) architectural features are shown in Figure 12.
11025061.2 - 366922 - 0021
433
Figure 12. Fences that are broken up with architectural features (top two rows) and those
that are not broken up (bottom row).
(d) Approved columns or posts may exceed the height of the fence by one foot and
must meet all permit and setback requirements.
(e) Fences shall be maintained in good repair. It shall be a violation of the zoning
code to allow a fence to fall into disrepair.
(2) Fence Height. The following standards shall apply to all residential development:
(a) If a minimum linear distance of 10 feet separates a fence and retaining wall, a
fence may be erected to a height of six feet above the highest finished grade within
the 10-foot distance.
(b) All fences in the primary front yard of single-family, duplex and attached
residential uses shall not exceed four feet in height and a minimum 35 percent open
area (see Figures 13, 14).
11025061.2 - 366922 - 0021
434
i-------------..............
` 4 ft. tall
—e
tL tall
i
1
1
opentype
fence
opaNmMd
! hrlea
1
i
i
!
1
1
Min 2 ft
1
from
1
�
s+dcnmac
1
1
i
!
1
�
1 1
1 1
POWAY
From Yard
J
1
1 1
..........................
' SfyM
a Mr.
7rMlgfa
Local SUM
Figure 13. Fence type and height —Front vs. side and rear yard.
�s
`. ►�/ ins
������������� '1111IIllllllllllll
11REIRE"S
IIIIIIIIIIIIIII
�NgiVIIIIIM�h�
Figure 14: Fences with at least 35 percent open area — open type fence.
(c) All fences in the rear yard, side yard, nonprimary front yard of single-family,
duplex, attached residential, and multifamily uses may be solid and shall not exceed six
feet in height.
11025061.2 - 366922 - 0021
435
(d) A combination fence and retaining wall may be erected to a height of six feet
above the highest finished grade or eight feet above the lowest finished grade, at the
Location of the fence, except that at no time shall the fence portion exceed six feet above
the highest finished grade at any point (see Figure 15).
Soma fence
Figure 15: Fence and retaining wall on grade.
(e) A retaining wall may not elevate a fence to any height more than allowed by this
section.
(f) An entry feature or trellis may have a maximum height of 10 feet and maximum
width of 10 feet.
(3) Fence and Wall Placement. The following standards shall apply to all residential
development:
(a) No portion of a fence shall extend beyond the property line of the fenced property
into the public right-of-way unless allowed by a right-of-way use permit.
(b) All fences and walls including fence support systems such as posts, pillars and
columns shall be set back at least to the property line and a minimum of two feet from the
back edge of the sidewalk to allow for safe passage by persons on a sidewalk or traveled
walkway or where no sidewalk exists then two feet behind the edge of asphalt.
(c) Vehicular gates must be set back at a minimum 20 feet from the travel surface of
the street or back of curb in order to meet vehicle stacking requirements.
(d) Gates adjacent to sidewalks, alleys and public rights -of -way shall open inward to
the private property.
(e) A fence along common property lines may be placed at the furthest point forward
of the adjacent property if the adjacent property allows for fence placement that differs
from the neighbors.
(f) Solid fences and walls may be erected to a height of eight feet to separate a
property from an arterial street or a frontage road adjacent to a highway. The director shall
11025061.2 - 366922 - 0021
436
consider the aesthetic, visual, and noise reduction characteristics of the fence or wall. A
building permit maybe required for fences exceeding six feet in height and for walls.
(g) Where a corner lot is permitted to have a solid fence along anon primary front
property line that coincides with an adjacent property's primary front yard, no fence will be
permitted that creates a site distance hazard for vehicles exiting that property or for
pedestrians walking along a sidewalk or traveled walkway.
(4) Residential Fence and Wall Materials.
(a) Approved materials for fence construction include, but are not limited to,
commercial quality wood, brick, masonry, metal, stone, wrought iron, manufactured vinyl
or PVC fence material or any other material approved by the director, unless otherwise
prohibited by this chapter.
(b) Barbed wire or razor wire is not allowed on any property used for residential
purposes or any property that has residential zoning.
(c) Electrical fencing is allowed only on properties where legal agricultural uses exist
and shall be used solely for the enclosure of livestock. This provision does not prohibit
invisible fences.
(d) Combination fences of lattice and other decorative materials may be used in
conjunction; however, at no time shall the combination exceed the overall fence height
Limitation.
(e) Prohibited fence materials shall include, but are not limited to, aluminum siding,
vehicle parts, smooth face concrete masonry units/blocks, cloth or plastic tarps, scrap
wood or any other material not customarily sold for fencing.
(f) Plastic or temporary construction fence may not be used as a permanent fence
material.
(g) Approved materials for wall construction include, but are not limited to: stone,
commercial quality brick, decorative masonry units, or decorative concrete or any other
material approved by the director unless otherwise prohibited by this chapter.
11025061.2 - 366922 - 0021
437
Exhibit Q
438
20.160.080 Categorical exemptions — Adoption by reference.
The city adopts the following rules for categorical exemptions from Chapter 197-11 WAC:
197-11-300
Purpose of this part.
197-11-305
Categorical exemptions.
197-11-800
Categorical exemptions.
197-11-880
Emergencies.
197-11-890
Petitioning DOE to change exemptions.
(Ord. 019-17
§ 18 (Exh. 1)).
20.160.090 Categorical exemptions — Determination.
(1) Each department within the city that receives an application for a license or, in the case of
governmental proposals, the department initiating the proposal, shall determine whether the license,
permit and/or proposal is exempt. The department's determination that a proposal is exempt shall be
final and is not subject to administrative review. If a proposal is exempt, none of the procedural
requirements of this chapter apply to the proposal. The city shall not require completion of an
environmental checklist for an exempt proposal.
(2) In determining whether or not a proposal is exempt, the department shall make certain that the
proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-070). If a
proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even
if the license application that triggers the department's consideration is exempt.
(3) If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions
prior to compliance with the procedural requirements of this chapter, except that:
(a) The city shall not give authorization for:
(i) Any nonexempt action;
(ii) Any action that would have an adverse environmental impact; or
(iii) Any action that would limit the choice of alternatives.
(b) The department may withhold approval of an exempt action that would lead to modification
of the physical environment, when such modification would serve no purpose if the nonexempt action(s)
were not approved; and
(c) A department may withhold approval of exempt actions that would lead to substantial
financial expenditures by a private applicant when the expenditures would serve no purpose if the
nonexempt actions were not approved.
(4) Threshold Levels for Categorical Exemptions. Pursuant to WAC 197-11-800(1)(c) and (1)(d), cities may
adopt raised levels of threshold exemptions for certain types of actions, except as provided in WAC 197-
11-305 and 197-11-800(1)(a). As authorized pursuant to WAC 197-11-800(1)(c) and (1)(d), the following
threshold exemptions are adopted:
439
a) The construction or location of nine (9) or fewer single-family residential units.
b) The construction or location of nine (9) or fewer multifamily residential units.
The eity wall neFrnally identify whetheF aR aetien is eategeFically exempt within 30 days ef Feceiving a
pfermatien is received by the direete4 (Ord. 019-17 § 18 (Exh. 1)).
20.160.100 Integration of SEPA with project permits and land use decisions.
Under Chapter 36.7013 RCW, the procedure for review and processing of project permit applications shall
be combined with the environmental review process, both procedural and substantive. The process
under the State Environmental Policy Act (SEPA) and this chapter shall integrate the following
procedures, insofar as possible, with any applicable process for decision -making on permit and land use
applications:
(1) Staff review of the application under city codes and regulations and the environmental review and
determination thereon;
(2) The staff report on the application, and the report or documentation concerning environmental
review;
(3) Hearings and other public processes, including required public notices, required by city code or
regulation, and hearings and other public processes, including public notices and appeals, required or
conducted under SEPA;
(4) Such other review processes as determined by the director. (Ord. 019-17 § 18 (Exh. 1)).
20.160.110 Threshold determinations.
This part contains the rules for deciding whether a proposal has a "probable, significant, adverse
environmental impact" requiring an environmental impact statement to be prepared. This part also
contains rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following
sections by reference, as supplemented in this part:
WAC
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of significance (DS).
197-11-350 Mitigated DNS.
197-11-355 Optional DNS process.
197-11-360 Determination of significance (DS) (initiation of scoping).
197-11-390 Effect of threshold determination.
(Ord. 019-17 § 18 (Exh. 1)).
440
20.160.120 Environmental checklist.
(1) Except as provided in subsection (4) of this section, a completed environmental checklist (or a copy),
in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit,
license, certificate or other approval not specifically exempted in this chapter, except that a checklist is
not needed if the city and applicant agree that an EIS is required, SEPA compliance has been completed,
or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist
to determine the lead agency, and if the city is the lead agency, for determining the responsible official
and for making the threshold determinations.
(2) For private proposals, the city will require the applicant to complete the environmental checklist,
providing assistance as necessary. For city proposals, the department initiating the proposal shall
complete the environmental checklist for that proposal.
(3) The city may require that it, and not the private applicant, will complete all or part of the
environmental checklist for a private proposal, if either of the following occurs:
(a) The city has technical information on a question or questions that are unavailable to the
private applicant; or
(b) The applicant has provided inaccurate information on previous proposals or on proposals
currently under consideration.
(4) For projects submitted as planned actions under WAC 197-11-164, the city shall use its existing
environmental checklist form or may modify the environmental checklist form as provided in WAC 197-
11-315. The modified environmental checklist form may be prepared and adopted along with or as part
of a planned action ordinance; or developed after the ordinance is adopted. In either case, a proposed
modified environmental checklist form must be sent to the Department of Ecology to allow at least a 30-
day review prior to use. (Ord. 019-17 § 18 (Exh. 1)).
20.160.130 Timing.
For those project permit applications that are not subject to Chapter 36.7013 RCW, the following will
apply:
(1) The city will attempt to issue a threshold determination on a completed application within 90 days
after the application and supporting documentation are complete.
(2) A complete application for a threshold determination consists of the following information:
(a) A description of the proposed action;
(b) Site information, including site plans, vicinity maps and other information required for a land
use certification or other application;
(c) The environmental checklist;
(d) Additional information/environmental checklist (WAC 197-11-335). The environmental
checklist covers 16 subjects. If, after review of the environmental checklist, it is determined that there is
insufficient information to make a threshold determination, additional information will be required using
any one or more of the following:
441
(i) The applicant will provide more information on subjects in the checklist;
(ii) The city makes its own further study;
(iii) The city will consult with other agencies, requesting information on the proposal's
probable or potential impacts which lie within the other agency's jurisdiction or expertise.
(3) It is the policy of the city that adequate information must be provided before a threshold decision can
be made. The city will not commence processing environmental checklists which are not complete. (Ord.
019-17 § 18 (Exh. 1)).
Exhibit R
10976042.7 - 366922 - 0021
443
Sections:
20.87,010 Purpose and Applicability.
20,87,020 Applicability.
29 a7.030 Preapplication conference.
20,87,040 Decision type.
20,87,050 Application Submittal Requirements
20,87,060 Minimum requirements of parent lot for unit subdivision.
20 87.070 Deviation from Dimensional Standard.
20.87,080 Subdivision of Middle Housing Units on a Single Lot.
20,87.90 Approval Criteria.
20,87.100 Effect of preliminary unit lot subdivision approval- Expiration.
20,87.110 Final Plat Approval Criteria.
20,87,120 Modifications to an Approved Unit Lot Subdivision
20.87.010 Purpose..
and middle housing
buildings
on Lots
where subdivision
is
not otherwise nossible due to-c�ffii m
u. - .. �-
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alLowing flexibility
in the dimensional
standards
for the subordinate
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use designations
in which a
unit lot subdivision
is oromsed
nor is it intended to accent
infrastructure
or to allow circumvention
of the
oreliminary
olat orocess. The zoning and subdivision
.• -
20.87.020_�.
10976042.7 - 366922 - 0021
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10976042.7 - 366922 - 0021
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denarture reouests from the standards herein
mav be granted
bvthe decision
-making, authority
... - - .t iu2bilili to-,,.?tisli.... - ?, of tWis sectio-1,
1. ApprovaL of the preLiminary unit tot subdivision by the city shalL constitute direction to th-e
conformance with the anoroved oreliminary
unit tot subdivision.
thQ� adopted
PubLic Works
2. Permission shall not be granted for installation
of rep 11ired
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shall exoire if a final
unit tot subdivisiQn
agglic �tin h�
not been submitted=pursuant to the deadlines
Subdivision20.87.110 Final Unit Lot ..
established in
.
POMC 20,86-1,M
10976042.7 - 366922 - 0021
447
b. The site development, driveways, parking layout, landscaping, lighting, signs, building
d—Maintenance easements shall be shown on the face of the plat.
g—Portions of the parent lot not subdivided for individual unit Lots shall be ownedin
h. A note on the face of the final unit lot subdivision which provides all conditions of
addition. shalt comoLv with conditions of aooroval of the unit tot subdivision and may be limited -as
a result of the aonlication of develooment standards to the oarent Lot or other a aqljic�[
WUL?.�
fu-irWer
subdivided-
unit Lot subdivision and may-lae
20.87.120
An aDDlication
for
a
modification
to
an aDoroved
Dreliminar)l
1.Minor
Modifications
to an ADoroved
Preliminary
Unit Lot Subdivision.
The director is authorizedtG
10976042.7 - 366922 - 0021
448
iv. Road alignments or connections and/or do not increase the number of unit lots.
L-Application form and filing fee.
d. Criteria for
Approval. The
director shall
approve
or approve with conditions
sed
a proposed
preliminary unit lot subdivision
modification
application,
as
long as the applicant
demonstrates
that all of the following
criteria are satisfied:
i. The proposed modification meets the criteria in POMC 20.87.0
ii. The modification will not be inconsistent with, or cause the unit lot subdivision to
property
included
in the
preliminary
unit lot subdivision
to function as one site
with respect
to, but not
limited
to, lot
access, interior
circulation,
open space, landscapin—g.
drainage
facilities,
facility
maintenance
and
ate .
u• • .11 . ... . -. ... • -. I •---- • • :- -. • -1 I -
requirementsof POMC 20,22-0,M
e. Deadline for Submission of FqnaL Unit Lot Subdivision Not Extended. Approval of a min
preliminary unit Lot subdivision modification shalL not extend the deadline set forth in POM-G
10976042.7 - 366922 - 0021
449
application. An application for a major preliminary unit lot subdivision modification shall
10976042.7 - 366922 - 0021
450
From: Vaneaas. Ted (COM)
To: Jim Fisk
Cc: Vespier. Lilith (COM); Porter. Ethan (COM); Nick Bond
Subject: Commerce 60-day Review: Port Orchard Submittal 2025-S-8320
Date: Wednesday, May 7, 2025 3:49:57 PM
Hi Jim,
Thank you for meeting with us today to discuss the comments we sent concerning the City of Port
Orchard's draft 2025 amended development regulations. Based on that meeting we only have two
remaining comments for the city to consider:
ADUs:
• Proposed Chapter 20.68 does not include conversions of ADUs that are allowed to violate the
setback and lot coverage requirement. As proposed, we do not believe this is consistent with
RCW 36.70A.681(1)(j) that allows ADUs to be converted from existing structures, including
but not limited to detached garages, even if they violate current code requirements for
setbacks or lot coverage. We recommend modifying Chapter 20.68 to align with RCW
36.70A.681 (1) (j). Please note: If the city does not adopt ADU regulations consistent with state
law on or before June 30, 2025, they will be preempted by state law. For more information see
ADU guidance page 8.
o Please note: If the city does not adopt ADU regulations consistent with state law on or
before June 30, 2025, they will be preempted by state law.
Middle Housing:
• Please note that middle housing state law exempts certain areas from middle housing
requirements. The environmental and development review process will need to be the same
for middle housing as single-family residential. Language meeting these requirements are
often elsewhere in code. It is recommended to review and ensure this is included for your
jurisdiction.
Please let me know if you have any further questions on the comments, we'd certainly be happy to
meet again to discuss.
Thankyou!
-Ted
Ted Vanegas I Senior Planner
Growth Management Services I Washington State Department of Commerce
Olympia, WA
Phone: 360-280-0320
Growth Management —Washington State Department of Commerce
www.commerce.wa.gov I Facebook I Twitter I Linkedln I Subscribe
451
Email communications with state employees are public records and may be subject to disclosure,
pursuant to Ch. 42.56 RCW
452
2025 PORT ORCHARD
MUNICIPAL CODE
MIDDLE HOUSING
AMENDMENTS
Department of Community Development
May 20, 2025
453
2024 Comprehensive
Plan Periodic Update Legislative Action
Initiated in Fall 2022 as part of the required Recent legislative action primarily related
periodic update under the Growth to housing requires additional
Management Act, the City Council amendments for consistent with State
unanimously adopted the Plan on requirements:
December 10, 2024, with an effective date
of December 18, 2024. • House Bill 1110 - Middle Housing
The Update focused on incorporating new • House Bill 1337 -Accessory Dwelling
GMA requirements, Vision 2050, and Units
updated Countywide Planning Policies. • RCW 58.17.060 - Unit Lot Subdivisions
The adoption of the Plan requires revisions
to the development regulations in Port
Orchard Municipal Code Title 20 to align
with the Comprehensive Plan policies.
454
Middle Housing
• HB 1110 (2023) requires GMA planning cities to allow middle housing types in
all predominantly residential districts by June 30, 2025.
• The City of Port Orchard will adopt regulations to implement Tier 3 City
requirements by July 2025.
Fourplex: Courtyard
, Duplex: Building
Cottage
Court
1 Side -By -Side + Stacked g
Detached Single-Farnily , Stacked Missing Middle 11°usin
Houses
Triplex: Live- , N
atacked Work ,
r
Copyiign, T,2moW114"
455
OPUMS Dinm Inc.
Current Residential Zoning— Units Permitted
• Current Residential Districts
• Residential density is based on a
minimum lot size for specific
building types and the type of
access.
• Except for backyard cottages and
apartments, only one structure is
permitted per lot.
1 (+1 2 4, No Max for No Max No Max
ADU) apartments
Zoning District
R1 (primary
R1 (alley
R2 (primary
R2 (alley access)
R3 (primary
R3 (alley access)
R4 (primary
R4 (alley
street)
access)
street)
street)
street)
access)
6,000
5,000
5,000
3,000
5,000
2,400
N/A
N/A
N/A
N/A
5,000
5,000
5,000
5,000
N/A
N/A
N/A
N/A
2,000
2,000
800
800
800
800
N/A
N/A
N/A
N/A
7,000
7,000
7,000
7,000
456
Proposed Residential Zoning
• Detached houses and middle housing density
will be based on establishing the number of
dwelling units permitted on a lot.
• Can be a combination of different housing types
permitted in a zone.
• Residential 4 and 5 do not have a limit as they
accommodate multifamily development. C
• In the R1 zone, when the primary structure is a 2
detached house, two ADUs will be permitted
consistent with POMC 20.68. Lots
• Apartments in R3 will not be subject to unit limit. Lot
Zoning District
4 6, No Max for No Max No Max
Apartments
R1 (alley
R1 (alley
R2 (primary
R2 (alley
R3 (primary
R3 (alley
R4 (primary
R4 (alley
street)
access)
street)
access)
street)
access)
street)
access)
5,000
3,000
5,000
3,000
5,000
3,000
N/A
N/A
5,000
3,000
5,000
3,000
5,000
3,000
N/A
N/A
N/A
N/A
5,000
3,000
5,000
3,000
N/A
N/A
N/A
N/A
5,000
3,000
5,000
3,000
N/A
N/A
N/A
N/A
N/A
N/A
5,000
3,000
N/A
N/A
N/A
N/A
N/A
N/A
5,000
3,000
N/A
N/A
N/A
N/A
5,000
3,000
5,000
3,000
5,000
3,000
457
Proposed ResidentiaL 2 (R2)
Lots that do not take vehicle Lots that take vehicle
access from an alley access from an alley
5,000 square feet 3,000 square feet
40 feet 30 feet
Principal Building(s), Parent
Lot, and Backyard Cottage
10 feet minimum*
Five (5) feet minimum
Five (5) feet minimum
10 feet minimum
20 feet minimum
* Unless POMC 20.40.020 provides additional relief.
Lot Coverage
Accessory Buildings
40 feet minimum
10 feet minimum
Five (5) feet minimum
Three (3) feet minimum, Two
(2) feet minimum where
abutting an alley
N/A
458
Middle Housing —Amendments
• Building Types
• Detached House
• Duplex
• Triplex
• Fo u rp lex
• Fiveplex
• Sixplex
Detached Single -Family
flauses
• Townhouse
• Stacked Flats
• Courtyard Apartment
• Forecourt Apartment
• Cottage Housing
J � El � _17 •- .
- JALI
. pffl� .
Triplex Lire- IN
Multiplex: Work
Courtyard Townhouse Cottage Medium Stacked
Fou rplex: Court
Duplex: Building
Side -By -Side+ Stacked
Snaked Missing Middle Housing
-r-I T 1
OFTIQ05
ENV]
POMC
20.32
Bun T e R1 R2 R3 R4 RS GB RMU NMU CMU DMU GMU BPMU CC CH
BuRdin
g
• � Detached House
AMEIIIIINEENEEN.
Backyard
Cottage
• Includes basic design requirements
for each building type.
• Transparency
• Minimum ground floor elevation
• Entry orientation and design elements
• Blank wall treatment
• Parking location
• POIVIC20.32.015(1) provides
centralized area identifying where
building types are permitted based
on zone.
• Removes duplicity which currently
exists
4NOMENOMMIN
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-- -- -- -- -- P P P P P P P -- P -- -- -- -- --
P P P P P P P -- -- -- -- -- -- --
-- -- -- -- -- -- -- P P P P P -- -- -- -- -- --
-- -- -- -- -- -- -- -- P P P P P -- -- -- -- -- -- --
-- -- -- -- -- -- -- -- P -- P P P P P P P P P P
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --
P P P P P P P P P P P P P P P P P P P P
MMMI
460
POMC 20.139 - Residential Design
Standards
• Standards are revised to eliminate any
qualitative assessment.
• Simplification of standards to apply to all
detached houses and middle housing types.
• Clarification of fagade transparency
calculation
• Blank wall treatment required for any street -
facing fagade.
• Relies on POMC 20.122 — Building Elements
for specific design requirements of porches,
stoops, forecourts, etc.
• No more restrictive requirements for middle
housing that would not be required of
detached houses.
• Cumulative garage face width is based on lot
width. POMC 20.124
Gabled portions of facade not containing livable
floor area do not count as part of the facade.
Only hatched areas count as part of the facade for the purpose
of calculating minimum transparency. Garages located on the
street facing wall of the house shall count as part of the facade.
I< ........ I-* i� 50% 3,1.....>1
461
The 50 percent porch shall be measured to include the habitable ground floor
portion of the detached house only.
POMC 20.124 — Parking and Circulation
• Remove Electric Vehicle Parking
Requirements from Land Use
Code
• Addressed in Building Code
• Reduced parking standards
based on ESSB 5184
• 0.5 stalls per single-family
residential unit greater than 19200
GFA —otherwise not required
• Vehicle access and driveways
• Simplification of permitted garage
and driveway widths based on lot
width
Dwelling Unit
Dwelling Unit
I.
I.
I.
Dwelling Unit i Dwelling Unit
Dwelling Unit
Entry 61
Entry G2
G3 Entry I Bury Gl
Entry 62—
°
D2
Individual
D3—► DI
° Individual
Driveway
D�
Loi Frontage Dot frontage
n n Sidewalk Sidewalk
Street 1 Street
G1+G2+G3
Lot Frontage must be no more than 60%
(D1+D2+D3) must not exceed 32 feet per frontage
Individual driveway width (any " D#") shall not exceed 20 feet
462
Accessory Dwelling Units
• Allow at least two ADUs per lot in urban
growth areas, including attached, detached,
or converted structures.
• Maximum ADU size: 1,000 sq. ft.; setback
and dimensional standards cannot exceed
those for principal units.
• No requirements for street improvements or
owner occupancy.
• Permit independent sale of ADUs as
condominiums.
• Allow the conversion of legally established
accessory buildings to ADUs without
setback/lot coverage compliance.
• Impact fees capped at 50% of principal unit
fees.
• Prohibit new CC&Rs from restricting ADU
construction; existing CC&Rs unchanged.
AtW
Aft
Deta
Examples of Accessory Dwelling Units (ADUs)
ADUs in biue= main residence in white
Image credit: City of Saint Paul, MN
463
Unit Lot Subdivision - POMC 20.87 (new)
• Allows division of a single
"parent lot" into individual "unit
Lots" for separate ownership.
• Parent lot must meet zoning
standards; individual unit lots
are exempt.
• Applicable to middle housing
(e.g., duplexes, townhomes,
fourplexes), and accessory
dwelling units.
• Does not permit uses or
densities beyond those allowed
in the zoning district.
/0
r
00
mow;
FD 4
Parent Lot
Unit Lot
ubdivisians
Unit Lot
Illustrative diagram showing unit lot subdivisions.
464
Additional Supportive Amendments
• Inclusion of definitions in POMC Refinement of Overlay Districts -
20.12 required of HB 1110. POMC 20.68
• Building Types (triplex, fourplex, etc.)
• Unit Lot Subdivision (Parent lot, unit
lot subdivision)
• Adjustment to SEPA threshold
• Exempts residential unit
development less than 10 units
consistent with current short plat
standards.
• Revisions to POMC 20.100, 20.02,
20.221 20.80, 20.82 and 20.100
referencing Unit Lot Subdivision.
• Restructuring of POMC 20.39 - Use
provisions improving clarity as
related to middle housing
requirements.
• McCormick Village Overlay District -
Accounts for middle housing
requirements in HB 1110 and
redirects to building type
requirements in POMC 20.32.
• Downtown Height Overlay District —
restructured to account for all
Height Overlay Districts citywide
except for the View Protection
Overlay District.
• New series of maps for clarity.
U:1-i
Middle Housing —Amendments Timeline
• Planning Commission discussion at
the January, February, March, April
and May meetings.
• Draft amendments provided to the
Department of Commerce in April.
• SEPA Determination of Non -
Significance issued April 29, 2025.
• Planning Commission Public
Hearing scheduled for June 3, 2025
• City Council action tentatively
scheduled for June 17, 2025.
Revi ew d raft Am e n d ur e nts at:
hops://poriorcha rdwa.gov/development-regu Lations-u pdate-
middle-housing/
466
DqMORCHARD
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Discussion Items: Transportation Impact Fees (Bond)
Meeting Date: May 20, 2025
Prepared By: Nick Bond, AICP, Community Development Director
Presenter: Nick Bond, AICP, Community Development Director
Summary and Background:
The City of Port Orchard first adopted Transportation Impact Fees (TIFs) in 2015. TIFs are assessed on
new development to mitigate the impacts of new development on the City's transportation
infrastructure. The TIF rates were adjusted in 2021 after completing a traffic impact fee rate study. It
is recommended traffic impact fee rates be adjusted every 3-5 years to reflect the estimated costs of
construction for eligible projects, to ensure that the eligible project list is current, and to reflect
projects that have been completed.
Transportation Impact Fees are based on Peak PM Trips. The currently adopted TIF rate is $6,288.31
per Peak PM Trip and $6,225.43 for a single-family dwelling. A single-family dwelling generates .99
Peak PM trips per the 10th edition of the Institute of Transportation Engineers Trip Generation
Manual. Please note that a new 11th edition of the manual that would be adopted with a new TIF rate
schedule indicates that the single-family dwellings now generate .95 Peak PM Trips.
The City contracted with Transportation Solutions, Inc. to prepare an update to the City's TIF rate
study. The new draft study provides three alternatives which vary in the number and cost of the
eligible projects included in the program. Adding projects and eligible cost to the rate study has the
effect of increasing costs. The three alternatives provided in the draft study are labeled Alternatives A,
B. and C with Peak PM and single-family rates as follows:
Peak PM Trip Rate
Single -Family Trip Rate
Alternative A:
$7,044
$6,621
Alternative B:
$8,998
$8,458
Alternative C:
$10,181
$9,570
467
The City is working to update its Transportation Improvement Program (TIP) which is included in the
2025 Comprehensive Plan Amendment. This includes updating cost estimates for various projects and
adding new projects to the list. This is to reflect the rapid escalation in project construction costs in
recent years. The draft TIF study is based on the draft TIP and depends on adoption of the TIP as part
of the 2025 Comprehensive Plan Amendments.
All three alternatives result in a TIF rate increase. The alternatives aim to ensure that development
pays its share of developing the transportation system in Port Orchard and will allow the City to
deliver projects more quickly than at the currently adopted amount. The program and alternatives are
also designed to encourage developers to construct the projects on the list.
Relationship to Comprenhensive Plan: The TIF program provides funding to implement the
Comprehensive Plan and TIP and may not include projects in a rate study unless they are identified in
the Comprehensive Plan or TIP.
Recommendation: Discuss the Transportation Impact Fee Alternatives
Motion for Consideration: N/A
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: The alternatives presented will likely increase TIF revenues and could have an impact on
rates of development.
Alternatives: There are three alternatives presented in the draft rate study.
Attachments:
DRAFT 2025 TIF Alternatives_20250514.pdf
468
DhM DRAFT 2025 Transportation Impact Fee Rate Study
ORCHARD Alternative A: 2025-2030 Six -Year TIP Plus 2045 LOS Mitigation
Total - Alternative A $135,664,715 $48,176,426 (36%) $27,056,710 (20%) $60,431,579 (45%)
2025-2045 Trip Growth
Impact Fee Rate per Trip
8,579
$7,044
Impact Fee per Single -Family Home $6,621
*
Tremont Street Widening Ph. 1 (Complete)
$23,600,000
$16,030,336 (68%)
$0 (0%)
$7,569,664 (32%)
1.1
Bay Street Pedestrian Pathway ROW
$2,804,800
$1,923,590 (69%)
$180,210 (6%)
$701,000 (25%)
1.2
Bay St Pedestrian Pathway Construction
$4,115,000
$3,000,000 (73%)
$86,000 (2%)
$1,029,000 (25%)
1.3
Bethel Phase 1 Design
$2,242,000
$0 (0%)
$1,121,000 (50%)
$1,121,000 (50%)
1.4
Old Clifton Rd/Anderson Hill Rd Roundabout
$2,300,000
$0 (0%)
$230,000 (10%)
$2,070,000 (90%)
1.5/2.07
Old Clifton Rd Nonmotorized Improvements
$3,150,000
$0 (0%)
$315,000 (10%)
$2,835,000 (90%)
1.7
Bethel Phase 5a (Bethel/Lincoln Roundabout)
$4,000,000
$1,500,000 (38%)
$0 (0%)
$2,500,000 (63%)
1.8
Bethel Phase 1 a (Blueberry Roundabout)
$3,591,000
$0 (0%)
$1,795,000 (50%)
$1,796,000 (50%)
1.9
Bethel Phase 1b (Salmonberry Roundabout)
$11,842,000
$0 (0%)
$5,921,000 (50%)
$5,921,000 (50%)
1.10
Bethel Phase 4b (Vallair Ct Connector)
$3,000,000
$0 (0%)
$1,500,000 (50%)
$1,500,000 (50%)
1.14
Sidney Rd SW Nonmotorized (Hovde Rd to SR 16)
$1,895,000
$1,251,000 (66%)
$0 (0%)
$644,000 (34%)
1.16
Bay Street Impr. Ph. 1 (Robert Geiger St to Frederick)
$7,259,000
$2,000,000 (28%)
$1,629,000 (22%)
$3,630,000 (50%)
1.18
Tremont Ph. 2 & 3 Design/ROW (PO Blvd to Sidney Ave)
$4,732,000
$2,232,000 (47%)
$134,000 (3%)
$2,366,000 (50%)
1.19
SR 160/Sedgwick Phase 2a (Sedgwick Rd roundabout)
$3,000,000
$0 (0%)
$1,500,000 (50%)
$1,500,000 (50%)
1.20
Bethel Phase 4a (Lund Ave Roundabout)
$4,000,000
$3,000,000 (75%)
$0 (0%)
$1,000,000 (25%)
1.21
Old Clifton/McCormick Woods Dr Roundabout
$3,000,000
$0 (0%)
$300,000 (10%)
$2,700,000 (90%)
2.01
Sidney Ave (s. of Tremont) Complete Street (Design/ROW
$3,750,000
$0 (0%)
$2,812,000 (75%)
$938,000 (25%)
2.04A.2 Ramsey Road Widening (Sedgwick Rd to Salmonberry)
$4,000,000
$0 (0%)
$400,000 (10%)
$3,600,000 (90%)
2.04C Bethel/Sedgwick Corridor Ph. 3 (Blueberry to Piperberry)
$1,800,000
$0 (0%)
$900,000 (50%)
$900,000 (50%)
2.04D Bethel/Sedgwick Corridor Ph. 4 (Lund to Salmonberry)
$8,744,000
$4,372,000 (50%)
$0 (0%)
$4,372,000 (50%)
.'
Transportation Solutions *Growth share is calculated using travel demand model and capped at non -grant share of project cost
INNOVATIVE I PRACTICAL I EQUITABLE 1 of 6
EMO
DhM DRAFT 2025 Transportation Impact Fee Rate Study
ORCHARD Alternative A: 2025-2030 Six -Year TIP Plus 2045 LOS Mitigation
2.04E Bethel/Sedgwick Corridor Ph. 5 (Mile Hill Dr to Lund)
$8,535,000
$4,267,500 (50%)
$2,133,500 (25%)
$2,134,000 (25%)
2.05 Sidney Rd SW Widening Ph. 2 (Ruby Crk to s. city limits)
$1,750,000
$0 (o%)
$875,000 (50%)
$875,000 (50%)
2.10 Fireweed Rd Widening (Sidney to Flower)
$1,500,000
$0 (0%)
$750,000 (50%)
$750,000 (50%)
2.11 Sherman Ave Widening (Fireweed to terminus)
$2,000,000
$0 (o%)
$1,000,000 (50%)
$1,000,000 (50%)
2.12 Tremont St Widening Ph. 2: Port Orchard Blvd
$8,554,915
$7,400,000 (86%)
$0 (0%)
$1,154,915 (14%)
2.28 Harrison Ave Improvements (Prospect to Waterfront)
$1,000,000
$0 (0%)
$750,000 (75%)
$250,000 (25%)
2.28 Frederick Ave Improvements (Prospect to Waterfront)
$1,500,000
$0 (o%)
$1,125,000 (75%)
$375,000 (25%)
2.30 Tremont St Widening Ph.3 (PO Blvd to Sidney Ave)
$5,000,000
$1,200,000 (24%)
$1,300,000 (26%)
$2,500,000 (50%)
2.31 Glenwood & McCormick Woods Dr Roundabout
$3,000,000
$0 (0%)
$300,000 (10%)
$2,700,000 (90%)
.'
Transportation Solutions *Growth share is calculated using travel demand model and capped at non -grant share of project cost
INNOVATIVE I PRACTICAL I EQUITABLE 2 of 6 470
DhM DRAFT 2025 Transportation Impact Fee Rate Study
ORCHARD Alternative B: 2025-2044 TIP - Eligible On -System Projects
Total - Alternative B $190,757,993 $64,600,848 (34%) $48,961,924 (26%) $77,195,221 (40%)
2025-2045 Trip Growth
Impact Fee Rate per Trip
8,579
$8,998
Impact Fee per Single -Family Home $8,458
*
Tremont Street Widening Ph. 1 (Complete)
$23,600,000
$16,030,336 (68%)
$0 (0%)
$7,569,664 (32%)
1.1
Bay Street Pedestrian Pathway ROW
$2,804,800
$1,923,590 (69%)
$180,210 (6%)
$701,000 (25%)
1.2
Bay St Pedestrian Pathway Construction
$4,115,000
$3,000,000 (73%)
$86,000 (2%)
$1,029,000 (25%)
1.3
Bethel Phase 1 Design
$2,242,000
$0 (0%)
$1,121,000 (50%)
$1,121,000 (50%)
1.4
Old Clifton Rd/Anderson Hill Rd Roundabout
$2,300,000
$0 (0%)
$230,000 (10%)
$2,070,000 (90%)
1.5/2.07
Old Clifton Rd Nonmotorized Improvements
$3,150,000
$0 (0%)
$315,000 (10%)
$2,835,000 (90%)
1.7
Bethel Phase 5a (Bethel/Lincoln Roundabout)
$4,000,000
$1,500,000 (38%)
$0 (o%)
$2,500,000 (63%)
1.8
Bethel Phase 1 a (Blueberry Roundabout)
$3,591,000
$0 (o%)
$1,795,000 (50%)
$1,796,000 (50%)
1.9
Bethel Phase 1 b (Salmonberry Roundabout)
$11,842,000
$0 (0%)
$5,921,000 (50%)
$5,921,000 (50%)
1.10
Bethel Phase 4b (Vallair Ct Connector)
$3,000,000
$0 (0%)
$1,500,000 (50%)
$1,500,000 (50%)
1.14
Sidney Rd SW Nonmotorized (Hovde Rd to SR 16)
$1,895,000
$1,251,000 (66%)
$0 (0%)
$644,000 (34%)
1.16
Bay Street Impr. Ph. 1 (Robert Geiger St to Frederick)
$7,259,000
$2,000,000 (28%)
$1,629,000 (22%)
$3,630,000 (50%)
1.18
Tremont Ph. 2 & 3 Design/ROW (PO Blvd to Sidney Ave)
$4,732,000
$2,232,000 (47%)
$134,000 (3%)
$2,366,000 (50%)
1.19
SR 160/Sedgwick Phase 2a (Sedgwick Rd roundabout)
$3,000,000
$0 (0%)
$1,500,000 (50%)
$1,500,000 (50%)
1.20
Bethel Phase 4a (Lund Ave Roundabout)
$4,000,000
$3,000,000 (75%)
$0 (o%)
$1,000,000 (25%)
1.21
Old Clifton/McCormick Woods Dr Roundabout
$3,000,000
$0 (o%)
$300,000 (10%)
$2,700,000 (90%)
2.01
Sidney Ave (s. of Tremont) Complete Street (Design/ROW
$3,750,000
$0 (0%)
$2,812,000 (75%)
$938,000 (25%)
2.02A
Sedgwick Rd West Design/ROW (SR16 to Sidney Rd SW)
$1,156,070
$924,856 (80%)
$214 (0%)
$231,000 (20%)
2.02B
Sedgwick Rd West Construction (SR 16 to Sidney Rd SW)
$3,468,208
$2,774,566 (80%)
$0 (o%)
$693,642 (20%)
2.04A.2
Ramsey Road Widening (Sedgwick Rd to Salmonberry)
$4,000,000
$0 (0%)
$400,000 (10%)
$3,600,000 (90%)
2.04B
Bethel/Sedgwick Corridor Ph. 2 (SR 16 to Bethel)
$16,669,000
$12,725,000 (76%)
$0 (o%)
$3,944,000 (24%)
2.04C
Bethel/Sedgwick Corridor Ph. 3 (Blueberry to Piperberry)
$1,800,000
$0 (0%)
$900,000 (50%)
$900,000 (50%)
2.04D
Bethel/Sedgwick Corridor Ph. 4 (Lund to Salmonberry)
$8,744,000
$4,372,000 (50%)
$0 (o%)
$4,372,000 (50%)
.'
Transportation Solutions *Growth share is calculated using travel demand model and capped at non -grant share of project cost
INNOVATIVE I PRACTICAL I EQUITABLE 3 of 6 471
�o�rt DRAFT 2025 Transportation Impact Fee Rate Study
ORCHARD Alternative B: 2025-2044 TIP - Eligible On -System Projects
TIP Project
ID
2.04E Bethel/Sedgwick Corridor Ph. 5 (Mile Hill Dr to Lund)
Project Cost
$8,535,000
Anticipated
Grant Funding
$4,267,500 (50%)
of Port Orchard
Funding
$2,133,500 (25%)
Growth
Share*
$2,134,000 (25%)
2.05 Sidney Rd SW Widening Ph. 2 (Ruby Crk to s. city limits)
$1,750,000
$0 (0%)
$875,000 (50%)
$875,000 (50%)
2.10 Fireweed Rd Widening (Sidney to Flower)
$1,500,000
$0 (0%)
$750,000 (50%)
$750,000 (50%)
2.11 Sherman Ave Widening (Fireweed to terminus)
$2,000,000
$0 (0%)
$1,000,000 (50%)
$1,000,000 (50%)
2.12 Tremont St Widening Ph. 2: Port Orchard Blvd
$8,554,915
$7,400,000 (86%)
$0 (0%)
$1,154,915 (14%)
2.17
Salmonberry Rd Widening (Ramsey to Bethel)
$2,500,000
$0 (0%)
$250,000 (10%)
$2,250,000 (90%)
2.19
Old Clifton Rd/Feigley Rd Roundabout
$2,800,000
$0 (0%)
$280,000 (10%)
$2,520,000 (90%)
2.20
Bay Street Ped. Pathway W. Ph. 1 (Tremont to Foot ferry)
$4,000,000
$0 (0%)
$3,000,000 (75%)
$1,000,000 (25%)
2.23
Bay St Complete Street (PO Blvd to Mile Hill Dr)
$10,000,000
$0 (0%)
$7,500,000 (75%)
$2,500,000 (25%)
2.24
Bay St & Port Orchard Blvd Roundabout
$3,000,000
$0 (0%)
$2,250,000 (75%)
$750,000 (25%)
2.27
Sidney Ave (Downtown) Impr. (Prospect to Waterfront)
$1,500,000
$0 (0%)
$1,125,000 (75%)
$375,000 (25%)
2.28
Harrison Ave Improvements (Prospect to Waterfront)
$1,000,000
$0 (0%)
$750,000 (75%)
$250,000 (25%)
2.28
Frederick Ave Improvements (Prospect to Waterfront)
$1,500,000
$0 (0%)
$1,125,000 (75%)
$375,000 (25%)
2.30
Tremont St Widening Ph.3 (PO Blvd to Sidney Ave)
$5,000,000
$1,200,000 (24%)
$1,300,000 (26%)
$2,500,000 (50%)
2.31
Glenwood & McCormick Woods Dr Roundabout
$3,000,000
$0 (0%)
$300,000 (10%)
$2,700,000 (90%)
2.32
Bay St Ped. Pathway W. Ph. 2 (Kitsap Transit to PO Blvd)
$1,000,000
$0 (0%)
$750,000 (75%)
$250,000 (25%)
2.34
Bay St Reconstruction Ph. 2 (PO Blvd to Robert Geiger St)
$5,000,000
$0 (0%)
$3,750,000 (75%)
$1,250,000 (25%)
2.35
Bay St Reconstruction Ph. 3 (Frederick to Harrison)
$4,000,000
$0 (0%)
$3,000,000 (75%)
$1,000,000 (25%)
.�
Transportation Solutions *Growth share is calculated using travel demand model and capped at non -grant share of project cost
INNOVATIVE I PRACTICAL I EQUITABLE 4 of 6 472
ORCHARD
DRAFT 2025 Transportation Impact Fee Rate Study
Alternative C: 2025-2044 TIP - All Eligible Projects
Total -Alternative C $205,807,993 $64,600,848 (31 %) $53,861,924 (26%) $87,345,221 (42%)
2025-2045 Trip Growth
Impact Fee Rate per Trip
8,579
$10,181
Impact Fee per Single -Family Home $9,570
*
Tremont Street Widening Ph. 1 (Complete)
$23,600,000
$16,030,336 (68%)
$0 (0%)
$7,569,664 (32%)
1.1
Bay Street Pedestrian Pathway ROW
$2,804,800
$1,923,590 (69%)
$180,210 (6%)
$701,000 (25%)
1.2
Bay St Pedestrian Pathway Construction
$4,115,000
$3,000,000 (73%)
$86,000 (2%)
$1,029,000 (25%)
1.3
Bethel Phase 1 Design
$2,242,000
$0 (0%)
$1,121,000 (50%)
$1,121,000 (50%)
1.4
Old Clifton Rd/Anderson Hill Rd Roundabout
$2,300,000
$0 (0%)
$230,000 (10%)
$2,070,000 (90%)
1.5/2.07
Old Clifton Rd Nonmotorized Improvements
$3,150,000
$0 (0%)
$315,000 (10%)
$2,835,000 (90%)
1.7
Bethel Phase 5a (Bethel/Lincoln Roundabout)
$4,000,000
$1,500,000 (38%)
$0 (0%)
$2,500,000 (63%)
1.8
Bethel Phase 1 a (Blueberry Roundabout)
$3,591,000
$0 (0%)
$1,795,000 (50%)
$1,796,000 (50%)
1.9
Bethel Phase 1b (Salmonberry Roundabout)
$11,842,000
$0 (0%)
$5,921,000 (50%)
$5,921,000 (50%)
1.10
Bethel Phase 4b (Vallair Ct Connector)
$3,000,000
$0 (0%)
$1,500,000 (50%)
$1,500,000 (50%)
1.14
Sidney Rd SW Nonmotorized (Hovde Rd to SR 16)
$1,895,000
$1,251,000 (66%)
$0 (0%)
$644,000 (34%)
1.16
Bay Street Impr. Ph. 1 (Robert Geiger St to Frederick)
$7,259,000
$2,000,000 (28%)
$1,629,000 (22%)
$3,630,000 (50%)
1.18
Tremont Ph. 2 & 3 Design/ROW (PO Blvd to Sidney Ave)
$4,732,000
$2,232,000 (47%)
$134,000 (3%)
$2,366,000 (50%)
1.19
SR 160/Sedgwick Phase 2a (Sedgwick Rd roundabout)
$3,000,000
$0 (0%)
$1,500,000 (50%)
$1,500,000 (50%)
1.20
Bethel Phase 4a (Lund Ave Roundabout)
$4,000,000
$3,000,000 (75%)
$0 (0%)
$1,000,000 (25%)
1.21
Old Clifton/McCormick Woods Dr Roundabout
$3,000,000
$0 (0%)
$300,000 (10%)
$2,700,000 (90%)
2.01
Sidney Ave (s. of Tremont) Complete Street (Design/ROW
$3,750,000
$0 (0%)
$2,812,000 (75%)
$938,000 (25%)
2.02A
Sedgwick Rd West Design/ROW (SR16 to Sidney Rd SW)
$1,156,070
$924,856 (80%)
$214 (0%)
$231,000 (20%)
2.02B
Sedgwick Rd West Construction (SR 16 to Sidney Rd SW)
$3,468,208
$2,774,566 (80%)
$0 (0%)
$693,642 (20%)
2.04A.2
Ramsey Road Widening (Sedgwick Rd to Salmonberry)
$4,000,000
$0 (0%)
$400,000 (10%)
$3,600,000 (90%)
2.04B
Bethel/Sedgwick Corridor Ph. 2 (SR 16 to Bethel)
$16,669,000
$12,725,000 (76%)
$0 (0%)
$3,944,000 (24%)
2.04C
Bethel/Sedgwick Corridor Ph. 3 (Blueberry to Piperberry)
$1,800,000
$0 (0%)
$900,000 (50%)
$900,000 (50%)
2.04D
Bethel/Sedgwick Corridor Ph. 4 (Lund to Salmonberry)
$8,744,000
$4,372,000 (50%)
$0 (0%)
$4,372,000 (50%)
.'
Transportation Solutions *Growth share is calculated using travel demand model and capped at non -grant share of project cost
INNOVATIVE I PRACTICAL I EQUITABLE 5 of 6 473
�o�rt DRAFT 2025 Transportation Impact Fee Rate Study
ORCHARD Alternative C: 2025-2044 TIP - All Eligible Projects
2.04E
Bethel/Sedgwick Corridor Ph. 5 (Mile Hill Dr to Lund)
$8,535,000
$4,267,500 (50%)
$2,133,500 (25%)
$2,134,000 (25%)
2.05
Sidney Rd SW Widening Ph. 2 (Ruby Crk to s. city limits)
$1,750,000
$0 (0%)
$875,000 (50%)
$875,000 (50%)
2.06
Pottery Ave Widening (Tremont to Melcher)
$1,600,000
$0 (0%)
$1,200,000 (75%)
$400,000 (25%)
2.09
Melcher St Widening (Pottery Ave to Sherman)
$1,500,000
$0 (0%)
$1,125,000 (75%)
$375,000 (25%)
2.10
Fireweed Rd Widening (Sidney to Flower)
$1,500,000
$0 (0%)
$750,000 (50%)
$750,000 (50%)
2.11
Sherman Ave Widening (Fireweed to terminus)
$2,000,000
$0 (0%)
$1,000,000 (50%)
$1,000,000 (50%)
2.12
Tremont St Widening Ph. 2: Port Orchard Blvd
$8,554,915
$7,400,000 (86%)
$0 (0%)
$1,154,915 (14%)
2.15
Blueberry Rd Widening (Geiger to Bethel)
$1,200,000
$0 (0%)
$300,000 (25%)
$900,000 (75%)
2.16
Geiger Rd Widening (Sedgwick to Blueberry)
$750,000
$0 (0%)
$375,000 (50%)
$375,000 (50%)
2.17
Salmonberry Rd Widening (Ramsey to Bethel)
$2,500,000
$0 (0%)
$250,000 (10%)
$2,250,000 (90%)
2.19
Old Clifton Rd/Feigley Rd Roundabout
$2,800,000
$0 (0%)
$280,000 (10%)
$2,520,000 (90%)
2.20
Bay Street Ped. Pathway W. Ph. 1 (Tremont to Foot ferry)
$4,000,000
$0 (0%)
$3,000,000 (75%)
$1,000,000 (25%)
2.23
Bay St Complete Street (PO Blvd to Mile Hill Dr)
$10,000,000
$0 (0%)
$7,500,000 (75%)
$2,500,000 (25%)
2.24
Bay St & Port Orchard Blvd Roundabout
$3,000,000
$0 (0%)
$2,250,000 (75%)
$750,000 (25%)
2.27
Sidney Ave (Downtown) Impr. (Prospect to Waterfront)
$1,500,000
$0 (0%)
$1,125,000 (75%)
$375,000 (25%)
2.28
Harrison Ave Improvements (Prospect to Waterfront)
$1,000,000
$0 (0%)
$750,000 (75%)
$250,000 (25%)
2.28
Frederick Ave Improvements (Prospect to Waterfront)
$1,500,000
$0 (0%)
$1,125,000 (75%)
$375,000 (25%)
2.30
Tremont St Widening Ph.3 (PO Blvd to Sidney Ave)
$5,000,000
$1,200,000 (24%)
$1,300,000 (26%)
$2,500,000 (50%)
2.31
Glenwood & McCormick Woods Dr Roundabout
$3,000,000
$0 (0%)
$300,000 (10%)
$2,700,000 (90%)
2.32
Bay St Ped. Pathway W. Ph. 2 (Kitsap Transit to PO Blvd)
$1,000,000
$0 (0%)
$750,000 (75%)
$250,000 (25%)
2.34
Bay St Reconstruction Ph. 2 (PO Blvd to Robert Geiger St)
$5,000,000
$0 (0%)
$3,750,000 (75%)
$1,250,000 (25%)
2.35
Bay St Reconstruction Ph. 3 (Frederick to Harrison)
$4,000,000
$0 (0%)
$3,000,000 (75%)
$1,000,000 (25%)
2.36
Pottery Ave Roundabouts (S Kitsap St, Lippert Dr)
$6,000,000
$0 (0%)
$1,500,000 (25%)
$4,500,000 (75%)
2.37
Old Clifton/Lloyd Pkwy Intersection Improvements
$4,000,000
$0 (0%)
$400,000 (10%)
$3,600,000 (90%)
.�
Transportation Solutions *Growth share is calculated using travel demand model and capped at non -grant share of project cost
INNOVATIVE I PRACTICAL I EQUITABLE 6 of 6 474
DqM City of Port Orchard
ORCHARD216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Discussion Items: 2025 Comprehensive Plan Amendments (Bond)
Meeting Date: May 20, 2025
Prepared By: James Fisk, AICP, CNU-A, Senior Planner
Presenter: Nick Bond, AICP, Community Development Director
Summary and Background:
The purpose of the annual amendment process is to ensure that the City's Comprehensive Plan
remains current, reflects community priorities, and maintains consistency with state and local
regulations. For the 2025 amendment cycle, the City initiated two text amendments and received
three applicant -initiated amendments, all submitted prior to the January 31, 2025, filing deadline. The
City Council adopted the Final Comprehensive Plan Amendment Agenda at their regular meeting on
March 13, 2025.
In accordance with POMC 20.04.070, the Planning Commission is required to provide a
recommendation to the City Council regarding proposed Comprehensive Plan amendments by June
30, 2025. The proposed amendments were introduced and discussed with the Planning Commission at
its April 2025 meeting. In accordance with POMC 20.25.050 The Planning Commission opened a public
hearing to take testimony on the proposed 2025 Comprehensive Plan Amendments at their May 6
Planning Commission meeting and after taking public testimony elected to hold the hearing open until
the June 3, 2025 Planning Commission meeting where it's expected the Planning Commission will
make its recommendation for the City Council to consider at the June 10, 2025 City Council meeting.
A summary of each submitted application is provided in the list below:
1. City -initiated amendment proposing to add the Sherman Avenue Stormwater Park Master Plan
to Appendix B — Plans Adopted by Reference.
2. City -initiated amendment to the Capital Facilities Element to incorporate new projects and
funding sources for transportation, utilities, parks, and public facilities.
3. City -initiated amendment to the Transportation Improvement Program (TIP) to include new
roadway, transit, and active transportation projects, along with additional funding sources.
4. Applicant -initiated text amendment proposing a revision to the Expenditures table in the Capital
Facilities Element to reflect updated cost estimates based on inflation and anticipated changes
in project scope and priorities.
5. (Withdrawn) Applicant -initiated map amendment proposing a legislative Zoning Map
amendment for a parcel located approximately 650 feet northeast of Hull Avenue and Sherman
Avenue. The amendment proposes rezoning from Residential 2 (R2) to Residential 3 (R3) to
475
allow for increased residential density.
6. Applicant -initiated map Comprehensive Plan Map and Legislative Zoning Map amendment for
thirteen parcels located approximately 0.22 miles southwest of SW Old Clifton Road and Lloyd
Parkway. The amendment would redesignate the Comprehensive Plan Land Use found in
Appendix A from Industrial to Medium -Density Residential (MDR) and rezone from Light
Industrial (LI) to Residential 3 (133), supporting residential development.
Following City Council's adoption of the Final Comprehensive Plan Amendment Agenda in March, the
applicant for Item 5 formally withdrew their application and indicated they will pursue a site -specific
rezone consistent with the provisions of POMC 20.42. Additionally, the City -initiated amendment to
Appendix B, Item 1, has been postponed. Item 1 is dependent on the Sherman Stormwater Park Plan,
which remains in development and will not be completed within the 2025 Comprehensive Plan
Amendment cycle. As such, Item 1 is anticipated to be reconsidered in 2026. Items 1 and 5 are no
longer under Planning Commission review for the current amendment cycle and will not result in a
recommendation for adoption of these items by the City Council in June.
Analysis:
1. The planning process for the Sherman Avenue Stormwater Park remains ongoing and the final plan
is not expected to be completed within the 2025 Comprehensive Plan Amendment cycle, this item has
been removed from consideration.
2 and 4. An amendment to the Capital Facilities Element to incorporate new projects and funding
sources for transportation, utilities, parks, and public facilities. Additionally, as a related matter, an
applicant -initiated amendment revising to the Expenditures table in the Capital Facilities Element to
reflect updated cost estimates based on inflation and anticipated changes in project scope and
priorities.
The Water Expenditures Table in the Capital Facilities Element of the Comprehensive Plan currently
reflects incorrect cost allocations for two water infrastructure projects:
• Old Clifton Transmission Main (Reservoir to McCormick Woods Drive)
• 390-580 Intertie and Booster (Old Clifton)
When the projects were originally adopted, the expenditure values for the Transmission Main were
incorrectly attributed to the Intertie and Booster project, resulting in transposed values. Additionally,
updated cost estimates for the Transmission Main project were identified in the City's Water System
Plan, requiring further revision.
Both the City of Port Orchard and the developer recognized the need to correct the expenditure
values and submitted separate applications requesting the amendment —one City -initiated and one
applicant -initiated. This dual application process reflects a shared commitment to ensuring the
Comprehensive Plan accurately represents the planned infrastructure investments.
This amendment corrects the expenditure values by:
• Assigning the appropriate project costs to the 390-580 Intertie and Booster, accurately reflecting
the funding needs for this project.
• Incorporating the revised cost estimates for the Old Clifton Transmission Main project as
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identified in the Water System Plan, ensuring consistency with the City's long-term water
infrastructure planning.
The revised Water Expenditures Table will provide accurate cost projections, which are essential for
financial planning, project prioritization, and securing potential funding sources. Correcting these
values ensures the City's Capital Facilities Element accurately reflects the intended infrastructure
investments and supports effective implementation of the Water System Plan.
3. An amendment to the Transportation Improvement Program (TIP) to include new roadway,
transit, and active transportation projects, along with additional funding sources.
The TIP is a component of the Capital Facilities Element that outlines the City's long-term
transportation project priorities. The TIP is modified annually, and as needed, to reflect changes in
project prioritization, funding sources, and the completion of previously planned work.
This amendment updates the TIP to include:
• New Projects: Roadway, transit, and active transportation projects identified since the previous
TIP update.
• Additional Funding Sources: Incorporation of new or revised funding mechanisms, including
grants, impact fees, and other revenue streams.
• Project Status Updates: Revisions to reflect completed projects and adjustments to project
timelines or scopes based on current needs and conditions.
The updated TIP ensures that the Comprehensive Plan accurately reflects the City's evolving
transportation infrastructure priorities and funding strategies. This amendment strengthens the City's
ability to secure grant funding and aligns with regional and state transportation goals.
5. The applicant has withdrawn this application and removed it from consideration.
6. Applicant -initiated Comprehensive Plan Map and Legislative Zoning Map amendment for
thirteen parcels located approximately 0.22 miles southwest of SW Old Clifton Road and Lloyd
Parkway. The amendment would redesignate the Comprehensive Plan Land Use found in
Appendix A from Industrial to Medium -Density Residential (MDR) and rezone from Light
Industrial (LI) to Residential 3 (R3), supporting residential development.
The Medium -Density Residential (MDR) designation allows for a range of residential housing types,
including single-family homes, townhouses, and low-rise apartment buildings, which aligns with the
applicant's vision for the site. The R3 zoning designation would permit increased residential density,
supporting the development of multi -family housing on the parcels.
Following a comprehensive review, staff determined that the proposed redesignation and zoning
change are consistent with the goals and policies of the Comprehensive Plan and would not result in
an employment capacity deficit. The City's employment targets, as established in the Comprehensive
Plan, are based on the Kitsap Countywide Planning Policies Appendix B-2. The targets provide for a
mix of residential, commercial, and industrial land uses. The removal of these parcels from the
Industrial designation will not undermine the City's ability to meet its employment objectives, as the
properties are relatively small in scale and not anticipated to be significant contributors to the City's
overall employment capacity.
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The parcels are characterized by steep slopes and the presence of a stream, which significantly
constrain their development potential for industrial uses. These environmental constraints create
physical and economic challenges for industrial development, making residential use a more practical
and viable option. Staff's evaluation concluded that residential development would better align with
the site's physical characteristics and provide a more feasible land use solution.
The City conducted an evaluation of its water, sewer, and transportation capacity to assess whether
the proposed land use and zoning change could be supported by existing infrastructure capacity. The
analysis confirmed that the City has sufficient capacity to serve residential development on the parcels
without compromising its ability to meet the needs of future growth elsewhere. However, it is
important to note that this capacity evaluation does not guarantee or reserve infrastructure capacity
for the applicant. Any future development will be subject to standard utility and transportation
concurrency reviews, and capacity availability will be determined at the time of development
application.
While residential development on the subject parcels presents certain challenges related to access
and infrastructure, these challenges are not unique to residential uses. Industrial development would
face similar obstacles due to the site's topography, stream buffer requirements, and infrastructure
limitations. Any future residential development will be required to:
• Demonstrate that the site can be adequately served by water, sewer, and transportation
infrastructure.
• Address and mitigate any site -specific challenges, such as stormwater management,
geotechnical stability, and road access.
• Make adequate provisions for infrastructure improvements necessary to support the
development.
• Resolve all technical requirements through subsequent development activity applications in
accordance with City standards and regulations.
The Planning Commission is asked to review the proposed 2025 Comprehensive Plan Amendments and
provide a formal recommendation to the City Council, as required by POMC 20.04.070. Based on staff
analysis and the status of the submitted applications, the Planning Commission will provide a
recommendation on the following items:
• Items 2 and 4: Amendments to the Capital Facilities Element focused on revising the
Expenditures Table to correct cost allocations for two major water infrastructure projects, the
Old Clifton Transmission Main and the 390-580 Intertie and Booster. These amendments
address transposed project costs identified through the City's Water System Plan and update
cost estimates to reflect inflation and changes in project scope. The amendments ensure the
Capital Facilities Element accurately reflect planned investments and support effective long-
term planning.
• Item 3: An amendment to the Transportation Improvement Program (TIP) to add new roadway,
transit, and active transportation projects, incorporate additional funding sources, and update
project statuses, ensuring the City's transportation priorities remain current and aligned with
regional and state objectives.
• Item 6: An applicant -initiated Comprehensive Plan Map and Legislative Zoning Map amendment
to re -designate thirteen parcels from Industrial to Medium -Density Residential (MDR) and
rezone from Light Industrial (LI) to Residential 3 (R3), to facilitate residential development. The
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Comprehensive Plan functions as a guide for long-term development and land use planning; it is
not intended to implement specific physical improvements. Requirements such as vehicular
access, critical area protection, and infrastructure improvements will be addressed through
future development activity applications and are subject to the provisions of the Port Orchard
Municipal Code. Staff has determined that the proposed redesignation and rezone are
consistent with the goals and policies of the Comprehensive Plan and that the site is more
suitable for residential development due to environmental constraints and infrastructure
availability
Staff has determined that Items 2, 3, 4, and 6 are consistent with the goals and policies of the
Comprehensive Plan and recommended that the Planning Commission forward a recommendation of
approval to the City Council.
Following the Planning Commission's initial review of the proposed amendments at its April meeting,
the City's SEPA Responsible Official issued a Determination of Non -Significance (DNS) on April 10,
2025. On the same date, staff transmitted the proposed amendments to the Washington State
Department of Commerce for the required 60-day review period. In preparation for Planning
Commission action in May, staff properly noticed a public hearing for the May 6, 2025, Planning
Commission meeting at which the Planning Commission held record and hearing open to allow for
additional public written comment until June 3, 2025. As of the date of this report, the Department of
Community Development has received one comment regarding Item 6, submitted by Bill Palmer on
behalf of the property owner, Mike Diaz. In June, the Planning Commission is expected to forward a
recommendation to the City Council. Final City Council action is tentatively scheduled for June 10,
2025, following the completion of the Department of Commerce review period.
Relationship to Comprenhensive Plan: Pursuant to RCW 36.70A.470 and 36.70A.106, the City may
annually adopt amendments to the City's Comprehensive Plan.
Recommendation: TBD
Alternatives: TBD
Attachments:
03 - 2025 Comprehensive Plan Amendments.pdf
Diaz Comprehensive Plan Amendment and Rezone —Bill Palmer Comment 20250512.pdf
479
ORDINANCE NO. ***
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO THE PORT ORCHARD COMPREHENSIVE PLAN ADOPTED
UNDER THE STATE OF WASHINGTON'S GROWTH MANAGEMENT ACT,
CHAPTER 36.70A RCW; ADOPTING AN AMENDMENT TO THE
TRANSPORATION IMPROVEMENT PROGRAM, THE CAPITAL FACILITIES
ELEMENT, AND AN AMENDMENT TO THE LAND USE DESIGNATION MAP
OF THE PORT ORCHARD COMPREHENSIVE PLAN AND TO THE
LEGISLATIVE ZONING MAP; PROVIDING FOR SEVERABILITY,
CORRECTIONS, AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, with the passage of the Washington State Growth Management Act in 1990
(GMA), Chapter 36.70A RCW, local governments are required to adopt a comprehensive plan that
outlines strategies to accommodate the needs of a growing population; and
WHEREAS, in June 1995, the Port Orchard City Council adopted a Comprehensive Plan for
the City of Port Orchard and its urban growth area, pursuant to the requirements set forth in the
GMA; and
WHEREAS, consistent with the GMA, the City periodically updates the Comprehensive
Plan to reflect changing conditions and interests in the City; and
WHEREAS, the City of Port Orchard completed its most recent periodic update of its
Comprehensive Plan in December 2024 by Ordinance 021-24, as required by the GMA; and
WHEREAS, the City is authorized to adopt annual amendments to the City's
Comprehensive Plan pursuant to RCW 36.70A.470 and 36.70A.106; and
WHEREAS, the City initiated an open application period for proposed Comprehensive
Plan amendments by the required deadline date of January 31, 2025, as required by the GMA
and Port Orchard Municipal Code (POMC); and
WHEREAS, the submitted, requested amendment affects the City's Transportation
Improvement Program; and
WHEREAS, additionally, the amendment submittal affects the Capital Facilities Element;
and
WHEREAS, the amendment submittal affects 13 properties located approximately 0.22
miles southwest of SW Old Clifton Road and Lloyd Parkway identified as Kitsap County Assessor
Parcel Numbers 032301-2-101-2009, 032301-2-071-2005, 032301-2-070-2006, 032301-2-087-
2007, 032301-2-090-2002, 032301-2-089-2005, 032301-2-088-2006, 032301-2-061-2007,
032301-2-060-2008, 032301-2-059-2001, 032301-2-092-2000, 032301-2-091-2001, and
032301-2-094-2008; and
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Ordinance No. ***
Page 2 of 4
WHEREAS, additionally, the amendment submittal proposes a revision and update to
the Land Use Designation Map of the Comprehensive Plan; and
WHEREAS, the impacted properties are currently designated Industrial in the Port
Orchard Comprehensive Plan Land Use Designation Map; and
WHEREAS, the properties are currently designated Light Industrial in the adopted Port
Orchard Zoning Map; and
WHEREAS, the amendment submittal proposes a revision and update to the adopted
City of Port Orchard Zoning Map, by designating the properties Medium -Density Residential in
the Port Orchard Comprehensive Plan Land Use Designation Map; and
WHEREAS, the Comprehensive Plan amendment would redesignate the properties
Residential 3 in the adopted Port Orchard Comprehensive Zoning Map; and
WHEREAS, on February 19, 2025, the City Council Land Use Committee publicly reviewed
the 2025 Comprehensive Plan amendments; and
WHEREAS, on March 13, 2025, the City Council approved the 2025 Comprehensive Plan
amendment docket, consistent with POMC 20.04.060; and
WHEREAS, on April 10, 2025, notice of the proposed amendments to the City's
Comprehensive Plan was sent to the Washington State Department of Commerce at least sixty
days before the amendments were adopted, in accordance with RCW 36.70A.106; and
WHEREAS, on April 10, 2025, a SEPA Determination of Non -Significance was issued, and
provided to the public, agencies, and other interested parties in accordance with the requirements
of POMC 20.04.080, and published in the newspaper of record and on the City website, and
emailed to the Washington Department of Ecology; and
WHEREAS, on April 22, 2025, a Notice of Hearing was published in the City's newspaper of
record, advertising a public hearing to be held by the Planning Commission on the proposed 2025
Comprehensive Plan amendment, and the notice was provided to the public, agencies and other
interested parties in accordance with the requirements of POMC Chapter 20.04.080; and
WHEREAS, on April 22, 2025, a Notice of Hearing was mailed to property owners within
300 feet of impacted properties regarding the proposed 2025 Comprehensive Plan amendment
and Legislative Zoning Map amendment; and
WHEREAS, the City did/ did not receive comments regarding the proposal; and
WHEREAS, on May 6, 2025, the Planning Commission held a public hearing and took public
testimony on the 2025 Comprehensive Plan amendments and Legislative Zoning Map amendment;
11026058.1 - 366922 - 0001
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Ordinance No. ***
Page 3 of 4
and voted to recommend of the amendments to City Council; and
WHEREAS, on June 10, 2025, the City Council considered all public testimony received,
considered the Planning Commission's recommendation and finds that it is in the public interest to
adopt the proposed amendments to the City's Comprehensive Plan; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council hereby adopts the above recitals as findings in support
of this Ordinance.
SECTION 2. As additional findings and conclusions in support of this Ordinance, the
City Council finds that the amendments adopted by this Ordinance are consistent with the goals
and policies of the City's adopted 2024 Comprehensive Plan and are consistent with the state
Growth Management Act and other applicable law.
SECTION 3. The City Council finds that the amendments adopted by this Ordinance will
not, individually or cumulatively, result in adverse effects to the public health, safety or welfare.
SECTION 4. The City Council finds that no adverse impacts to the environment are
anticipated to result from the amendments adopted by this Ordinance.
SECTION 5. The City Council finds that the amendments adopted by this Ordinance
are consistent with the land uses and growth projects which were the basis of the adopted
Comprehensive Plan, are compatible with neighboring land uses and surrounding
neighborhoods, and are not anticipated to cause adverse impacts to public services or facilities.
SECTION 6. Adoption of Amendments to Comprehensive Plan and Zoning Map. In
accordance with the above -described Findings and Conclusions, the City Council hereby amends
the Port Orchard Comprehensive Plan by approving and adopting the 2025 amendments to the
Port Orchard Comprehensive Plan. Such amendments are attached to this Ordinance as Exhibit 1
and incorporated herein by this reference as if set forth in full. The amendments include revisions
to the Capital Facilities Element, Transportation Improvement Program, and the update to the
Land Use Designation Map of the Port Orchard Comprehensive Plan. Additionally, the amendment
to the City of Port Orchard Zoning Map is attached to this Ordinance as Exhibit 2 and incorporated
herein by this reference as if set forth in full.
SECTION 7. Severability. If any sentence, section, provision, or clause of this
Ordinance or its application to any person, entity or circumstance is for any reason held invalid
or unconstitutional, the remainder of the Ordinance, or the application of the provision to
other persons, entities, or circumstances is not affected.
SECTION 8. 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,
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Ordinance No. ***
Page 4 of 4
including but not limited to the correction of scrivener's/clerical errors, references, Ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 9. Publication and Effective Date. This Ordinance shall be in full force and
effect five (5) days after posting and publication as required by law. A summary of this
Ordinance may be published in lieu of the entire Ordinance, as authorized by state 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 10th day of June 2025.
ATTEST:
Brandy Wallace, MMC, City Clerk
/_\»:Z6J►ky/1107e1V rol903:NLTA E
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
ATTACHMENTS:
Robert Putaansuu, Mayor
Sponsored by:
Jay Rosapepe, Councilmember
Exhibit 1: 2025 Amendments to the Comprehensive Plan including:
1. Capital Facilities Element
2. Transportation Improvement Program
3. Land Use Designation Map of the Comprehensive Plan
Exhibit 2: 2025 Amendment to the City of Port Orchard Zoning Map:
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483
Chapter 9. Capital Facilities
9.1 Introduction
This periodic update to the Capital Facilities Element of the 2024 Comprehensive Plan provides information
about the City's existing facilities and plans for future facilities needed to service the growing population. The
Capital Facilities Element helps guide the City in providing appropriate facilities and desirable levels of service
to its residents and businesses. The Capital Facilities Element reviews the general requirements and available
funding, connects capital facilities planning to other functional plans, and reviews goals and policies that guide
planning. It also provides an overview of the current capital facility portfolio and identifies future needs and
investments for the next six years.
The City of Port Orchard owns and manages a
Capital Facilities Vision variety of capital facilities, which include roads,
Provide outstanding capital facilities to parks, utility systems, police facilities, and
serve a growing and changing city. administrative buildings. In addition to the facilities
owned and managed by the City, there are publicly
owned capital facilities managed by other entities. These include, but are not limited to, schools, library, sewage
treatment, and public transit. Privately owned utilities (electrical, natural gas, and telecommunications)
conduct their own planning processes and maintain their own system plans. The City influences private system
planning through its authority to regulate land uses and its obligation to develop and maintain a Comprehensive
Plan.
The state requires the City to demonstrate comprehensive and coordinated planning for all capital facilities
serving the City's residents, businesses, and community. The Public Facilities and Services Goal of the Growth
Management Act (GMA) requires that the public facilities and services necessary to support development shall
be adequate at the time of occupancy and use, without decreasing service levels below locally established
minimum standards. Kitsap County's Countywide Planning Policies also require the City to have a plan that
ensures adequate facilities and services are or will be available to serve the City's employment and population
growth allocations. If limited funding or other circumstances would prevent the city from providing adequate
facilities and services, the GMA requires the city to re-evaluate the Land Use Element and make sure that plans
for capital facilities and land use are consistent.
Ensuring that public facilities are available when growth occurs is critical to the quality of life for Port Orchard's
residents, businesses, and visitors. The implementation of the Capital Facilities Element and related plans will
help realize the community's vision for community facilities, as well as the vision and goals of the Land Use
Element. This Element also functions in coordination with the Comprehensive Plan's Utilities, Parks, and
Transportation Elements and functional system plans for water, wastewater, and stormwater. These are
discussed in more detail in Section 9-3.
Capital facilities and functional plans guide planning and budgetary decisions. A list of capital facility
improvements planned in the next six years are described in Section 9-3. The functional plans provide a
complete facility inventory, as well as needs, projected costs, and funding sources.
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9.2 Financial Overview
The City strategically manages community resources and carefully balances investments in new facilities
and infrastructure with costs to maintain and operate existing facilities. Identifying costs and funding for
capital projects planned in the next six years supports the development of the City's annual budget and
provides a path toward implementing facility projects.
The Capital Facilities Element uses many revenue sources to fund the capital improvement projects,
including sales tax, business and occupation tax, utility rates, state revenues, bonds, and grants. Impact
fees and other specific revenues allowed under the Growth Management Act also offer potential funding
sources.
A partial list of capital facilities funding sources and financing tools is included below:
Tax Revenue
• Property Tax
• Retail Sales and Use Tax
• Business License Fees
• Real Estate Excise Taxes
• Utility Tax (Electric, Water, Sewer, Refuse, Stormwater, Natural Gas, Telephone)
• Other tax revenue may include lodging excise taxes, admission tax, liquor tax, transportation
benefit district (TBD), and motor vehicle fuel taxes.
Impact Fees
• Transportation Impact Fees
• Park Impact Fees
• School Impact Fees (Transferred to South Kitsap School District pursuant to Interlocal Agreement)
Enterprise Activities
• System Development Fees (Capital Facility Charges, General Facility Fees, etc.)
• Water User Fees/Rates
• Sewer User Fees/Rates
• Stormwater Utility Fees/Rates
Bonds
• General Obligation Bonds
• Revenue Bonds
• Levy Lid Lift
Federal Funding Programs
• Surface Transportation Program (STP)
• Transportation Alternatives Program (TAP)
• Highway Bridge Program (HBP)
• Highway Safety Improvement Program (HSIP)
• Safe Route to School Program (SRTS)
• Transportation, Community, and System Preservation (TCSP) Program
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• Recreational Trails Program
• Community Development Block Grants
• Energy Retrofits for Public Buildings — Department of Commerce
• Public Works Board funding — Department of Commerce
• Climate Pollution Reduction Grants
Washington State Funding Programs
• Washington State Transportation Improvement Board
• The Pedestrian Bicycle Safety Program
• Public Works Board funding — Department of Commerce
9.3 Planning Connections
Capital improvement recommendations are drawn primarily from City leadership and the functional plans
specific to each City department or facility type. Water, sewer, and stormwater have specific requirements
according to state and federal law and planning for parks and recreation facilities is included in a parks
focused functional plan. Each plan contains a system inventory and a forecast of demand and capacity
based on population and regulatory mandates. The functional plans identify capital investments that
replace or maintain existing facilities for continued service required to meet future demand for at least a
20-year period. The plans also define the customer service level for each facility and provide system -
specific operating policies.
Planning for capital facilities also coordinates with other agency efforts. For example, Port Orchard's capital
facilities plan considers Kitsap County's plans to redevelop the governmental campus, invest in
transportation infrastructure, etc.
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9.4 Functional Plans
The Capital Facilities Element highlights recommendations from the City's functional plans in the table
below. These plans are adopted into the Capital Facilities Element by reference.
Table 9-1. Functional Plan Update Schedule
FUNCTIONAL PLAN
UPDATE FREQUENCY
Water System Plan (2021)
10-year cycle, as needed
Provides a basis for six -year capital improvement planning and forecasts 20-year needs
General Sewer System Plan (2016)
6-10-year cycle, as needed
Addresses aging infrastructure and system expansion to accommodate development;
updates policies and practices, data, finances, and growth forecasts; Recommends
improvements for the City's wastewater system
Stormwater and Watersheds Comprehensive Plan (2023)
6-10-year cycle, as needed
Establishes the city's storm and surface water policy
Parks, Recreation & Open Space (PROS) Plan (2022)
6-10-year cycle, as needed
Recommends 20-year capital project projects to guide growth and development of Port
Orchard's parks and open space system.
Transportation Improvement Program (2025)
every 1-2 years, as needed
Identifies improvements to the City's transportation network planned for the next six years
as well as within a twenty-year horizon
9.5 Future Needs
While there are unique challenges in each functional area, aging infrastructure, compliance with new laws
and regulations, and increased demand for services impact all Port Orchard's capital facilities plans.
Aging Infrastructure. Some of Port Orchard's capital facilities are aging or inadequate for current service
needs and will require repairs and replacement over the next 20 years. The costs of replacing utility
infrastructure, roads, and municipal buildings can be substantial and take years to plan and implement.
To get an accurate picture of capital facility needs, Port Orchard will conduct a comprehensive facility
condition assessment (FCA). The FCA will highlight current deficiencies at the systems and facility level and
projected repairs needed over the long term. It could include recommendations to prioritize preventative
maintenance and develop a feasible schedule to address capital facility needs. The FCA is a critical first step
to improve the way Port Orchard manages, maintains, and funds its capital facilities to be more resilient
and cost-effective.
New Laws and Regulations. Changing state and federal mandates governing capital facilities systems
require the City to monitor and review its systems to ensure compliance. For example, requirements for
implementing projects, programs, and maintenance continue to evolve and are more stringent than in
2007 when the City received its first National Pollutant Discharge Elimination System Municipal
Stormwater Permit (NPDES), a Federal Clean Water Act mandate that affects programs citywide. The City
operates in accordance with the 2024-2029 General Permit (Ecology 2024). The 2024 General permit
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487
includes numerous requirements including but not limited to the adoption of the 2024 Stormwater Manual
for Western Washington; updates to the City's development regulation, operations, mapping, and public
outreach; and a source control, inspection, and reporting program. The City intends to comply with all
2024 General Permit conditions in accordance with the timelines specified therein.
Increased Demand. Capital facility investments will also be needed to ensure the City continues to deliver
the high -quality municipal services customers expect and keep pace as the community grows and changes.
Increased demand for services will also require investing in capital facilities across all functional areas.
To plan to meet future service demands, the City should conduct a citywide facilities study. Building on
findings from the facility condition assessment, this plan will assess current and future space needs,
recommend investments to address critical near -term deficiencies, and develop an implementation
strategy to provide facilities needed to serve the Port Orchard community into the future. This plan will
consider facilities investments to better serve the community that could potentially include expanding the
downtown civic campus, investing in appropriately sized public works and police facilities, and increasing
investments in maintenance and operations of City parks and throughout the portfolio.
Partner Efforts. The Port Orchard community benefits from its proximity to centers for recreation, open
space, and sports fields outside City limits and/or owned and managed by other agencies or groups, such
as the South Kitsap School District and Kitsap County. Creating and strengthening regional partnerships
enable Port Orchard and its partners to provide greater facilities and opportunities than would be possible
alone. The City should coordinate with and support these non -city service providers, such as school
districts, libraries, and solid waste processors, as they plan for new or improved facilities, for example
Kitsap County's campus redevelopment. The City of Port Orchard is already working with Kitsap County
and other nearby jurisdictions to implement the 2001 Mosquito Fleet Trail Master Plan to expand a regional
water trail including shoreline access with launch points, rest areas, and parking facilities.
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488
9.6 Goals and Policies
The goals and policies for Port Orchard's capital facilities align with the Comprehensive Plan vision and
build on the goals and policies in each Element.
Goal 1. Ensure that infrastructure, facilities, and services are adequate to meet
present and future needs.
Policy CF-1 Establish minimum levels of service (LOS) and regularly monitor and update standards for
staffing and public facilities to reflect community preferences for quality -of -service delivery
and align with functional plans. Correct LOS deficiencies through capital improvements.
Policy CF-2 Require that urban level facilities and services are provided prior to or concurrent with
development. These services include, but are not limited to, transportation
infrastructure, parks, potable water supply, sewage disposal, stormwater and surface water
management, and solid waste management.
Policy CF-3 Facilitate adequate planning for services and facilities by coordinating with utility providers
on annual updates of population, employment, and development projections. Encourage
providers to improve accessibility to public services by making information available,
convenient, and complete.
Policy CF-4 Address disparities in historically underserved populations by ensuring transportation,
utilities, telecommunications, and other infrastructure are equitably distributed and
maintained, and that siting or expansion of essential public facilities does not unduly affect
any one group of people or geographic area.
Policy CF-5 Maintain an inventory of existing capital facilities owned by public entities.
Policy CF-6 Acquire property sufficient to provide capital facilities at established levels of service,
according to the deficiencies and needs provided in the City's functional plans.
Policy CF-7 Ensure that new growth and development pay a fair, proportionate share of the cost for
facilities needed to serve such growth and development. Seek to reduce the per unit cost
of facilities and services by coordinating improvements such as utilities and roads and
encouraging urban intensity development within the City and Urban Growth Areas.
Goal 2. Leverage facilities investments to efficiently use public resources and
improve quality of life.
Policy CF-8 Direct growth within the community where adequate public facilities exist or can be
efficiently provided when feasible.
Policy CF-9 Encourage the joint use of utility corridors for open space and non -motorized pathways and
trails, provided that such joint use is consistent with limitations prescribed by applicable
law -and prudent utility practice. Coordinate and cooperate with other jurisdictions to
encourage cooperative planning of future facilities, reduce redundancy, and implement
multijurisdictional utility facility expansions and improvements.
Policy CF-10 Explore opportunities to acquire land to serve the public and municipal purposes.
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DECEMBER 2024 Amended Month 2025
489
Policy CF-11 Consider developing multi -use facilities that can serve more than one public need. Explore
opportunities for public/private partnerships and funding sources that could provide a mix
of public facilities and other uses such as commercial and residential within the same
development, where appropriate.
Policy CF-12 Consider investing in sidewalks, trails, and other capital facilities that enhance walkability
in an effort to reduce health disparities and improve well-being and quality of life.
Policy CF-13 Design and locate capital facility improvements to reduce crime risks and optimize public
safety through increased visibility at joint use facilities (e.g., streets, public buildings, etc.).
Policy CF-14 Ensure that site selection, construction, operation, and maintenance of capital facilities is
environmentally sensitive, safe and reliable, aesthetically compatible with surrounding land
uses, economical to consumers, and does not adversely impact vulnerable populations.
Goal 3. Equitably engage with the community around capital facilities planning.
Policy CF-15 Provide meaningful inclusive opportunities for community involvement in the planning of
capital facilities, prioritizing the inclusion of historically underrepresented populations.
Policy CF-16 Coordinate with local Tribes in planning capital facilities, especially in areas with cultural
significance.
Policy CF-17 Encourage public awareness and consult public input when considering the need for and
proposed locations of new public facilities.
Goal 4. Develop and maintain adequate and convenient parks, recreation, and
open space areas and facilities for all age groups to serve both the existing
and future population of Port Orchard and surrounding areas.
Policy CF-18 Encourage private property owners and developers to donate public trail access and parcels
for park development in areas identified for future municipal parks and trail connections.
Policy CF-19 Increase the size and number of parks and open spaces by providing input on development
plans for public parks within Port Orchard's Urban Growth Boundary.
Policy CF-20 Reevaluate the City's park impact fee at least every four years to ensure that the fee is
appropriate based on the City's LOS for parks acquisition, improvement, and maintenance.
Policy CF-21 Collaborate with Kitsap County to explore forming a Municipal Parks District to help fund
and develop community and neighborhood scale parks throughout the city and Urban
Growth Area.
Policy CF-22 Encourage implementation of the City's PROS Plan that outlines a citywide system of trails
that will serve park, recreation, and open space needs. Link a system of trails between
neighborhoods and parks, school sites, and other public property. Utilize public lands and
existing rights -of -way for trail purposes whenever feasible.
Policy CF-23 Place interpretive signs along trails to encourage community, historical, and environmental
awareness, and place distance markers along the trail for walkers and runners.
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Policy CF-24 Create new parks in recently annexed areas and update existing parks within newly
annexed portions of the City.
Policy CF-25 In conjunction with partners, develop the Port Orchard Community Events Center as a
recreational and civic amenities hub for Port Orchard and the South Kitsap region.
Goal 5. Ensure that an adequate water supply is available to support the level of
population growth and land development projected within the City.
Policy CF-26 Maintain water system facilities and drinking water quality in accordance with State and
Federal standards to ensure the high quality of drinking water and level of service is
provided to all customers while maximizing the life of facilities to protect the investment of
ratepayers.
Policy CF-27 Provide adequate water for high quality domestic and fire protection service within the
retail service area.
Policy CF-28 Utilize City -owned and operated sources of supply to maximize efficiency and cost
effectiveness of the water system.
Policy CF-29 Construct new facilities as required to serve the existing and future populations of the
established water service area and South Kitsap Urban Growth Area.
Policy CF-30 Interconnect the City's main water system with the independent facilities serving the City's
580 and 660 Pressure Zones (McCormick Woods System). This will allow for combining the
two existing systems under one water system identification number.
Policy CF-31 Encourage, implement, and maintain land use and water use efficiency and conservation
programs to discourage water waste, promote the prudent use of water resources, and
support protection of habitat and the environment.
Policy CF-32 Work with neighboring water utilities, participate in regional water planning efforts to
establish common goals of uniform water system standards, and facilitate coordination of
efforts toward the adequate provision of water service throughout the region.
Policy CF-33 Revise water service boundaries in cases where the designated water service provider
cannot provide timely or reasonable service.
Policy CF-34 Ensure that land uses permitted in aquifer recharge areas do not lead to contamination of
water resources.
Policy CF-35 Encourage new developments adjacent to properties with private wells or existing septic
systems to connect to the City's water system or, if not feasible, ensure that adverse
impacts to existing wells or septic systems from new development is avoided or mitigated.
Goal 6. Provide safe, reliable, and timely sewer service to consumers at a fair and
reasonable price.
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Policy CF-36 Coordinate construction of sewage improvements with other utilities. The City shall require
all new development to connect to public sewer and water systems, unless physically or
financially infeasible.
Goal 7. Ensure that all utility and transportation infrastructure expansion
provides an adequate level of public service to support new development
and is consistent with current land use plans and development
regulations.
Policy CF-37 Utilize best construction methods and practices and innovative techniques in the design
and construction of utilities.
Policy CF-38 Evaluate, monitor, and reduce greenhouse gas emissions in the construction and operation
of capital facilities.
Policy CF-39 Whenever possible, utility construction should be scheduled to minimize disruption of
access to area residences and businesses.
Policy CF-40 Schedule utility construction activities to avoid sensitive times in the lifecycle of fish and
wildlife, such as spawning, nesting, and migration.
Goal 8. Minimize development related impacts to existing hydrologic conditions
and functions and strive to correct current deficiencies resulting from past
development practices such as stormwater-related flooding.
Policy CF-41 Identify areas within and adjacent to the City and its UGA which are highly sensitive to
changes in hydrologic conditions and functions. Within these highly sensitive areas,
establish standards that provide for near zero change in hydraulic and hydrologic function
on a property, such as no net increase in the peak flow or volume of runoff or erosion
products leaving a site post- development.
Policy CF-42 Encourage Low Impact Development (LID) strategies for stormwater management through
incentives and flexibility in application of regulatory requirements.
Policy CF-43 Utilize new inventories of flood hazard -prone properties in the decision -making process to
prioritize stormwater system improvements.
Policy CF-44 Coordinate the basin planning process with the community planning process to address
surface water runoff and flooding issues.
Policy CF-45 Integrate public regional stormwater detention and retention facilities into the natural
environment.
Policy CF-46 Recognize that regional facilities can provide aesthetics, recreation, and fish and wildlife
habitat in a community park -like or open space setting.
Goal 9. Support provision of adequate, timely, and efficient fire protection and
emergency medical service within the City.
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Policy CF-47 Coordinate with South Kitsap Fire and Rescue on planning for the location of new fire
stations to ensure that they are dispersed throughout the City and located near areas of
high population concentration.
Policy CF-48 Encourage consolidation of duplicate services between fire districts and other entities to
use resources more effectively.
Goal 10. Coordinate land use and school district capital facilities planning.
Policy CF-49 Recognize that schools provide a unifying social and physical amenity that are a key focus
for successful neighborhoods. Encourage elementary schools to be located in or near
neighborhood centers and middle schools, junior high schools and senior high schools to be
located near community centers, including the McCormick Village Center.
Policy CF-50 Support the South Kitsap School District School Board in maintaining and funding individual
school levels of service as adopted and encourage proactive coordination around growth
trends to support the district's demand forecasting (e.g. sharing permitting application
data), in accordance with the City's intent to provide adequate school facilities for the
community.
Policy CF-51 Coordinate with the South Kitsap School District to develop strategies to ensure that
students are not forced to attend a school outside their neighborhood.
Policy CF-52 Review annual reports and update school impact fees as needed.
Policy CF-53 Explore opportunities to develop joint use facilities with the South Kitsap School District,
such as recreational and community center facilities. Develop neighborhood parks adjacent
to school sites whenever possible to promote facility sharing. Facilities on the
neighborhood park site should supplement uses that the school does not provide such as
trails, open space, picnic areas, playground equipment, and multi -purpose paved sport
courts.
9.7 Capital Facilities
This section addresses capital facilities in the following four categories:
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1. Administration and Community Facilities
2. Public Safety Facilities
3. Public Works Facilities
4. Parks Facilities
Each section contains a capital facilities inventory, summarizes key context and issues, recommends
improvements, and proposes projects for the next six -year planning period, with estimated costs and
potential funding sources.
9.7.1 Administration and Community Facilities
This section first covers the facilities supporting City administration and the overall community. It also
briefly covers the Fire Protection and Schools, community facilities that are owned and maintained by
partner agencies.
Inventory
Facility
City Hall (includes Police Station & Municipal Court)
Location
216 Prospect St
Size (sq ft)
28,370
720 Prospect Street Facility (DCD)
720 Prospect St
2,925
Library
87 Sidney Ave
8,586
730 Prospect Street Facility (Kitsap County
Prosecutor)
730 Prospect St
8,028
Employee Parking Lot (Gravel)
213 & 215 Prospect Street
6,500
Existing Conditions
City Hall
City Hall has served as the primary municipal building for Port Orchard's
administrative functions since it was built in 1999. The building is
approximately 28,370 square feet with three stories and a partial fourth
floor. The first floor is occupied by the Police Department and the second
floor by the Mayor's Office, City Clerk, Public Works Administration, and
Finance. The City Council Chambers and Municipal Court are located on
the third floor. Public Works operations staff are located in the Public
Works Shop. Refer to Public Works Facilities and Public Safety Facilities
sections for more information.
City Hall is in good condition for its age and was renovated in 2024 to
address needed repairs, security, and ADA accessibility, and improve the
first floor. Condition and improvement information for the first floor is
discussed in the Public Safety Facilities section. Even with these
improvements, functional issues remain, including security concerns,
Figure 9-1. City Hall
challenging wayfinding, and limited parking. There is also not enough work and support space; for example,
breakrooms have been repurposed as workspace and the Community Development Department was
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relocated due to space limitations. Municipal Court is rightsized to accommodate future growth. Planning
for City Hall should consider the space needed to accommodate future growth and the operational
efficiency gained by co -locating all departments.
In response to a need for a new community event center and aligned with Policy CF-25, the City is in the
process of designing the new Port Orchard Community Event Center. This new facility would have rentable
event space for community programming. Designs also include space for the library to relocate. The City's
Council Chambers could also be relocated if supported by leadership, which would free up space for use in
City Hall. See the Library section below for more information on existing conditions and needs.
720 Prospect Street Facility
The Department of Community Development (DCD) is in two facilities, one located adjacent to City Hall at
720 Prospect Street with Building, Code Enforcement, and Parking Enforcement functions (as well as the
City's IT department), and one at 600 Kitsap Street with Planning functions. The Kitsap Street facility is
leased.
The Prospect Street facility is undersized for current and future operations and in fair condition, requiring
maintenance to address age -related needs such as upgrades to the HVAC system. The division of staff
between two buildings and separation from City Hall creates communication and operational inefficiencies.
There is limited parking and City vehicles are parked at City Hall. The public interface also requires patrons
to go between the Prospect Street facility and City Hall to complete applications. For pedestrians passing
between these two buildings, there are no crosswalks and limited ADA compliance. A downtown
government campus master plan is needed to plan the long-term use of this site.
Library
Built in 1960, the City -owned library building houses
the local branch of the Kitsap Public Library. The
building is nearing the end of its useful life, is costly to
maintain, and requires upgrades or relocation of the
library functions. A 2020 site selection process
identified a site for the new library and community
events center.
730 Prospect Street Facility
In 2024, the City purchased the building located at 730
Prospect Street that includes 20 surface parking
spaces and houses the Kitsap County Prosecutor
Family Support Division. The Kitsap County Prosecutor
plans to relocate to the new County Courthouse Campus in the long term, and this building can be
repurposed to support the City's staffing and employee parking needs as it grows. A downtown
government campus master plan is needed to plan for the long-term use of this site.
Figure 9-2. Kitsap Regional Library's Port Orchard branch
Future Needs
As Port Orchard's population has grown, City staffing has increased to maintain service standards and meet
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basic functional requirements.
The following investments are needed:
• In accordance with Policy CF-14, perform required maintenance at all administrative and
community facilities. Consider conducting a facilities condition assessment to document current
conditions and near- and long-term maintenance needs for all capital facilities. Develop a
downtown government campus master plan to plan for the long-term use of the City's downtown
offices and property.
• Invest in the following near -term projects:
o Improve wayfinding at City Hall by installing a centralized reception kiosk and improved
signage.
o Increase security by adding lighting and safety features around exits and limiting publicly
accessible areas.
o Aligned with Policy CF-10, consider paving gravel lots, acquiring property, or constructing
structured parking to increase available staff and public parking. Provide ADA-accessible
parking near public entrances. The block that includes 640 Bay Street should be considered
for this purpose, consistent with the Downtown Subarea Plan.
o As space becomes available, add staff work and support space, including workstations,
break rooms, and a lactation room.
• As part of a citywide facilities plan, estimate future staff and operational space needs to guide
near -term improvements and property acquisition as well as longer term investments. Encourage
public awareness and input as stated in Policies CF-15 and CF-17. Endeavor to accommodate future
needs, consolidate staff to improve operational efficiency, address accessibility, and other
functional challenges. Aligned with Policy CF-11, consider developing multi -use facilities and
partnering opportunities to meet public need. Consider Police Department needs and coordinate
with plans; see the Public Safety Facilities section.
• As the City designs the Port Orchard Community Event Center, consider relocating the Council
Chambers as an interim or long-term solution to free up space at City Hall and improve security.
Relocate the library to the event center and determine the best use for the current property.
Priority Investments
Maintaining and strategically planning for Administration and Community capital facilities are the priorities
for the next six years.
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City
Funding Source
UnfundedProject
Grant Total
City Hall Renovations 11,300,000
11,300,000
Facility Condition
Assessment
100,000
100,000
730 Prospect Street
2,000,000
2,000,000
Citywide Facilities Plan
200,000
200,000
Downtown Government
Campus Master Plan
100,000
100,000
Acquire Property for
Government Campus
500,000
500,000
Downtown Parking
Structure (including
property acquisition)
2,000,000
2,000,000
TOTAL
13,300,000
2,900,000
16,200,000
Expenditures
Prior Years 2024-2030 Expenditures Total
City Hall Renovations 3,577,775 7,722,225 11,300,000
Facility Condition Assessment
100,000
100,000
730 Prospect Street
2,000,000
2,000,000
Citywide Facilities Plan
200,000
200,000
Downtown Government Campus
Master Plan
100,000
100,000
Acquire Property for Government
Campus
500,000
500,000
Downtown Parking Structure
(including property acquisition)
2,000,000
2,000,000
TOTAL
3,577,775
12,622,225
16,200,000
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9.7.2 Fire and Schools
Fire Protection
The City of Port Orchard formerly maintained its
own Municipal Fire Department. In 1998, that
department was merged with Kitsap County Fire
District 7, which served the greater South Kitsap
area. In 2005, Kitsap County Fire District 7 was
renamed South Kitsap Fire and Rescue to better
represent the communities it serves.
There are currently two staffed fire stations
located within the City of Port Orchard: Station
17, located at 7990 McCormick Woods Drive SW,
and Station 31, at 200 Tremont Street.
Figure 9-3. Tremont Fire Station
More information on Fire Protection levels of service can be found in South Kitsap Fire and Rescue's
Strategic Positioning Plan 2021-2023.
Schools
The South Kitsap School District provides public education to Kindergarten through 12t" Grade for the
residents of Port Orchard and the South Kitsap area. It serves 9,112 students. The facilities include ten
elementary (K-5) schools, three middle schools
(6-8) schools, one high school, one alternative
high school, and an academy that encourages
family involvement. One elementary school,
Sidney Glen, is located within Port Orchard City
limits, as is one middle school (Cedar Heights),
and South Kitsap High School and Explorer
Academy. The School District owns property at
the northwest corner of Old Clifton Road and
Feigley Road in the McCormick Village Center that
was acquired for future school facilities. The site
is large enough to accommodate two schools,
including a second high school and a middle or
elementary school.
Figure 9-4. Aerial view of South Kitsap High School
The South Kitsap School District Capital Facilities Plan can provide more information on the facilities and
plans to improve them. It is adopted by reference as a part of this document.
Inventory
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498
In addition to the facilities above, Fire Station #7 operates as the operations center in case of an emergency.
This facility is owned by the City and leased and operated by South Kitsap Fire and Rescue.
Existing Conditions
City Hall
The Police Department occupies 5,500 square feet of the
first floor of City Hall. While 2024 renovations will maximize
space use and improve some operations, they will not
address many critical needs or add space to accommodate
long-term growth. To alleviate the severely limited space in
the near term, some staff are located in a secure off -site
leased space. Like the administrative department, most
support space has been converted to offices or workspace.
Storage space is also inadequate; many areas have been
repurposed as storage, such as the sallyport. Police officers
have take-home vehicles, but there is no secured parking
area for staff vehicles and inadequate parking for
department meetings.
Figure 9-5. Police offices on ground floor of City Hall
'4 00
woo -
Ail 91111i,
In addition to City Hall, the Police rent a 3,000 square foot warehouse for tactical training and storage. This
facility is also used to process vehicles for evidence prior to moving them to long-term storage.
Police Shooting Range & Storage
The police shooting range provides a safe location for
officers to train and practice using firearms. The
range is aging, in poor condition, and in need of
maintenance investments, including lane resurfacing
and roof replacement. There is a Conex box on -site
that offers limited storage, but the site lacks
bathroom facilities. There is also concern the outdoor
range may cause increased noise disturbance as the
surrounding residential areas grow. Long-term
storage is located in a fenced area on the same parcel
adjacent to the Public Works Operations Yard.
Future Needs
Figure 9-6. Shooting range
The Police department has grown a lot in recent years and expects to increase staff aligned with the City's
population growth. Many Public Safety facilities are aging with most not sized to accommodate current
staff or future growth.
Continued operations to meet Port Orchard's needs rely on the following steps:
Review operations and establish level of service standards, where appropriate to assess current
and future needs. The plan should consider workload, geography, and Port Orchard community
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needs. Once current and future staffing goals are in place, space needs can be assessed in
accordance with Policy CF-13, to determine the facility space needed to support the Police
department into the future.
• Incorporate plans to construct a Public Safety facility to accommodate future staff and operations
into the citywide facilities plan. Provide secure fleet parking, co -locate large vehicle evidence
storage, and determine the future use of the long-term evidence storage property. If possible,
include tactical training space and an indoor shooting range. Consider building in a central location
free from natural hazards. Purchase property when feasible or use existing City property for a new
facility as outlined in Policies CF-6 and CF-14. Encourage public awareness and input as stated in
Policies CF-15 and CF-17.
• If unable to include in a new Public Safety facility, modernize the existing range by covering and
resurfacing lanes and upgrading parking; install sanitation, water, and electric utilities; and add
secure storage, classroom space, and a firearm cleaning station.
Priority Investments
Funding and expenditures for the needs assessment, facilities plan, and Police Station renovations are
included with financing for City Hall renovations; refer to the Priority Investments chart in the
Administration and Community Facilities section. There are no other major investments budgeted for
Public Safety in the six -year planning period.
9.7.3 Public Works Facilities
The City of Port Orchard and the Public Works Department owns, operates, and maintains infrastructure
to provide drinking water, sewer, stormwater, and surface water services to its residents and businesses.
Investment in this infrastructure is necessary for continued delivery of utility services that are critical for
human health and safety, economic development, as well as supporting a sustainable, healthy environment.
Capital facility investments help to ensure that the City can continue to deliver the high -quality municipal
utility services customers expect. This section first covers the general facilities supporting staff and then
briefly covers the individual utilities. See the Utilities Element or individual functional plans for more
detailed utility information.
Inventory
Facility Address Size (acres)
Public Works Shop 1535 Vivian Court 1.82
South Shed Storage 2051 Sidney Ave 3.77
Operations Yard 1278 Lloyd Parkway 14.46
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Existing Conditions
Public Works Shop
The Public Works Shop houses Public Works
operations crews and the City's maintenance
vehicles and equipment. The main building is in
fair condition and provides space for crew
support, shops, and storage. Materials storage is
severely limited, often forcing crews to obtain
supplies from local vendors. Transportation
signage is purchased as needed as the existing
shop space does not include an area for sign
fabrication. Limited crew space is unable to
support growth in staff and operations.
Figure 9-7. Public Works Shop
Staff and fleet parking space is limited and unable to accommodate growth. There are also two adjacent
structures providing covered parking for fleet and equipment. Fleet requiring heated parking can be stored
in the main building's shop space as well as in one bay at the South Shed. The rest of the site is significantly
undersized with limited yard material storage and no room for expansion.
The facility is located on the west side of Highway 16, making it well located near the McCormick Woods
development, but separated from a large portion of the City, staff, and facilities, including City Hall. This
location may provide operational challenges in the event of a natural hazard.
South Shed
The South Shed Facility is located on a 3.77-acre site
located at 2035 Sidney Avenue with 2,000 square feet of
warehouse for material and equipment storage. Most of
the land at this location is utilized as a park. Originally a
fire station, the South Shed was repurposed for Public
Works storage in addition to seasonally providing heated
parking for equipment such as sweeper and vactor
trucks. This aging facility is in poor condition but could
be rehabilitated to provide staff workspace and storage.
Expanding outdoor storage will require the relocation of
parks amenities, access, and parking.
Figure 9-8. South Shed
Operations Yard
The Operations Yard is located near the Shop and contains a decant facility and materials laydown storage.
The decant is in good condition but is at capacity as it is used as a regional facility. Spoils frequently do not
have adequate time to dewater, requiring the City to add wicking materials that increase weight and cost
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501
when taken to the Kitsap transfer station. The site has limited materials storage but is large enough to
accommodate additional crew space and materials bins.
Future Needs
Public Works is anticipating an estimated staffing increase in the next ten years, growing from 25 to 32-40
or more staff to meet the needs of the rapidly growing community. The City will need to expand Public
Work facilities to accommodate needed staff and equipment. Major needs for this planning period as
identified by Public Works leadership include:
• In accordance with Policy CF-14, perform required maintenance at all public works facilities.
Conduct a facilities condition assessment to understand the current conditions and near- and long-
term maintenance needs for Public Works and other capital facilities.
• In accordance with Policy CF-1, conduct a citywide facilities plan to review current and future level
of service standards, add staff where needed, and increase operational space to accommodate
current and future staff and operations.
• Provide a new public works annex at the industrial center public works yard to house operations
utility staff. The proposed facility should include crew support space (offices, bathroom, showers,
etc.); a heated warehousing for plumbing, electrical, and other materials storage; employee
parking; heated and covered storage bays for equipment and materials; and expanded yard areas
for laydown and materials storage.
• Upgrade the existing Public Works Shop facility to better utilize vertical storage.
• Upgrade the decant facility to increase capacity and add a new composting facility.
• Provide a new Operations East satellite streets facility west of SR16, preferably near the
intersection of Bethel and Lund, and include a crew room and restroom facilities, heated bays for
snowplow equipment, and material storage yard.
• Upgrade the south shed facility to provide additional storage and work space.
Priority Investments
Financial information to support the facility condition assessment and citywide facilities plan can be found
in the Administration and Community Facilities section. Investments for the next six years have not been
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502
identified for the general Public Works capital facilities. Please see the Utilities section below for priority
infrastructure investments.
City
Funding Source
Grant Total
UnfundedProject
Public Works Annex
5,000,000 5,000,000
Decant Facilities and Yard
Improvements
1,750,000
1,750,000
PW Operations East Station
(Property Acquisition)
5,000,000
5,000,000
PW South Shed Upgrades
2,400,000
2,400,000
TOTAL
14,150,000
14,150,000
Expenditures
Prior Years 2024-2030 Expenditures Total
Public Works Annex 0 5,000,000 5,000,000
Decant Facilities and Yard
Improvements
0
1,750,000
1,750,000
PW Operations East
Station (Property
Acquisition)
0
5,000,000
5,000,000
PW South Shed Upgrades
0
2,400,000
2,400,000
TOTAL
$0
$14,150,000
$14,150,000
9.7.4 Utilities and Transportation
Port Orchard's Public Works Department operates and maintains the City's utilities and transportation
systems. Some of Port Orchard's capital facilities are aging or inadequate for current service needs and will
require repairs and replacement over the next 20 years. The costs of replacing utility infrastructure and
roads are substantial and take years for planning and implementation. The City is working to address
substandard infrastructure and comply with changing state and federal mandates governing capital
facilities. In accordance with Goal 1, the City should ensure that all utility infrastructure expansion provides
an adequate level of public service to support new development consistent with the City's policies, criteria,
and standards. In addition, utility expansion should also be consistent with current land use plans and
development regulations of the State of Washington, Kitsap County, and appropriate local planning
agencies.
The following sections list priority projects for Transportation, Stormwater, Sewer, and Water between
2023-2028. More information on these facilities is provided in the Transportation and Utilities Elements as
well as the individual functional plans.
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Transportation
Port Orchard is responsible for City roads and other aspects of the City's transportation system. Details on
all City transportation systems can be found in the Transportation Element as well as the Transportation
Improvement Plan. Priority investments and funding assumptions targeted in the next six years are
summarized below.
Funding
Source
City
Annual Street Preservation
UnfundedProj
Grant 6-Year Wd
6,800,000
Projects
6,800,000
Citywide Street Lighting
210,000
1,100,000
1,310,000
Bay Street Pedestrian
Pathway Segments 6-11
6,675,000
2,000,000
8,675,000
Bethel Phase 1
11,808,000
3,000,000
14,808,000
Bethel Phase 4a: Lund RAB
101,250
648,750
300,000
1,050,000
Bethel Phase 4b; Vallair Ct
Connector
1,000,000
1,000,000
Bethel Phase 5a:
Bethel/Lincoln/Mitchel
3,006,507
2,485,493
5,492,000
RABs
Old Clifton Non -Motorized
Improvements
600,000
2,700,000
3,300,000
Old Clifton/Anderson Hill
Intersection Improvements
2,300,000
2,300,000
Pottery Ave Non -Motorized
Improvements
837,183
644, 000
1,481,183
Sedgwick Rd W Study
300,000
300,000
Sidney Rd Non -Motorized
1,005,000
1,395,000
2,400,000
SR 160/Sedgwick Phase 2a
550,000
695,000
1,245,000
SR 166/Bay St
Reconstruction
3,532,000
3,000,000
1,746,000
8,278,000
SR166/Port Orchard Blvd
Intersection Improvements
2,100, 000
2,100,000
Tremont Phase 2 & 3
732,000
4,125,000
4,857,000
TOTAL
37,424,940
13,005,243
14,966,000
65,396,183
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Expenditures
Prior Years 2024-2030 Expenditures Total
Annual Street Preservation
Projects N/A 6,800,000 6,800,000
Citywide Street Lighting
N/A
1,310,000
1,310,000
Bay Street Pedestrian Pathway
Segments 6-11
3,900,000
4,775,000
8,675,000
Bethel Phase 1
368,120
14,439,880
14,808,000
Bethel Phase 4a; Lund Int
1,050,000
1,050,000
Bethel Phase 4b; Vallair Ct
Intersection and Connector
1,000,000
1,000,000
Bethel Phase Sa:
Bethel/Lincoln/Mitchel RABs
1,500,000
3,992,000
5,492,000
Old Clifton Non -Motorized
Improvements
150,000
3,150,000
3,300,000
Old Clifton/Anderson Hill
Intersection Improvements
151,000
2,149,000
2,300,000
Pottery Ave Non -Motorized
Improvements
185,000
1,296,183
1,481,183
Sedgwick Rd W Study
300,000
300,000
Sidney Rd Non -Motorized
2,400,000
2,400,000
SR 160/Sedgwick Phase 2a
1,245,000
1,245,000
SR 166/Bay St Reconstruction
200,000
8,078,000
8,278,000
SR166/Port Orchard Blvd
Intersection Improvements
2,100,000
2,100,000
Tremont Phase 2 & 3
4,857,000
4,857,000
TOTAL
6,454,120
58,942,063
65,396,183
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Stormwater
Port Orchard owns, maintains, and manages its stormwater collection system. Goal 8 states the City should
minimize development related impacts to existing hydrologic conditions and functions and strive to correct
current deficiencies resulting from past development practices such as stormwater-related flooding.
Details on the City's stormwater system can be found in the Utilities Element as well as the 2023
Stormwater and Watersheds Comprehensive Plan. Priority investments and funding assumptions targeted
in the next six years are summarized below.
Funding
Sources
Johnson Creek Estuary
Restoration
City
Grant
4,171,550
Unfunded
2,828,450
6-Year ToU7.
7,000,000
Annual Stormwater Preservation
600,000
600,000
Sidney Regional Storm
563,492
3,479,841
4,043,333
Sidney Rd. SW Fish Pass Culvert
1,852,842
1,447,158
3,300,000
Sedgwick Balancing Culvert
600,000
600,000
Pottery Non -Motorized
Improvements
80,000
80,000
Annapolis Creek Culvert
Replacement
43,333
4,000,000
4,043,333
Downtown Retrofit
2,860,000
1,350,000
Bay Street Stormwater
Improvements
600,000
600,000
TOTAL
1,286,825
6,024,392
15,815,449
23,126,666
Expenditures
V__!F�2024-2030 Expenditures Total
Johnson Creek Estuary
Restoration* 7,000, 000 7,000, 000
Annual Stormwater
Preservation
N/A
600,000
600,000
Sidney Regional Storm
563,492
3,479,841
4,032,333
Sidney Rd. SW Fish Pass
Culvert
3,300,000
3,300,000
Sedgwick Balancing
Culvert
600,000
600,000
Pottery Non -Motorized
Improvements
80,000
80,000
Annapolis Creek Culvert
Replacement
43,333
4,000,000
4,043,333
Downtown Retrofit
2,860,000
2,860,000
Bay Street Stormwater
Improvements
600,000
600,000
TOTAL
606,825
22,519,841
23,126,666
*WSDOT Lead Agency
Port Orchard Comprehensive Plan DECEMBER 2024 Amended Month 2025
506
Sewer
The City is tasked to provide safe, reliable, and timely sewer service to consumers at a fair and reasonable
price, as seen in Goal 6. Port Orchard owns, operates, and maintains existing wastewater collection and
conveyance facilities. As of 2016, the City's sewer service area was approximately 2,100 acres and was
expected to grow to 5,700 acres. Details on the City's sewer system can be found in the Utilities Element
as well as the 2016 General Sewer Plan Update. Priority investments and funding assumptions targeted in
the next six years are summarized below.
Port Orchard Comprehensive Plan DECEMBER 2024 Amended Month 2025
507
Funding
City/DeveloperProject
Annual Sewer Preservation 300,000
Source
3,200,000
3,500,000
Marina Lift Station
5,900,000
13,000,000
18,900,000
Bay Street Pump Station
Replacement
1,000,000
7
6,000,000
7,000,000
Lift Station Controls (6) &
Generator (1)
25,000
800,000
825,000
Port Orchard BLVD Lift Station and
Siphon
�7,610,000 (WSDOT)
7,610,000
Sidney 2"d Force Main (Pottery
Section)
731,000
731,000
Sidney 2"d Force Main (Ruby Creek
to Pottery)
1,231,838
2,487,162
3,719,000
McCormick Lift Station #3
(Developer Funded)
1,000,000 (D)
1,000,000
Ruby Creek Lift Station
800,000 (D)
2,340,000
3,140,000
Sidney Road Gravity Sewer
2,290,000
2,290,000
Bravo Terrace Lift Station
2,500,000
2,500,000
Bravo Terrace Force Main
4,860,000
4,860,000
Sewer Facility Upgrades
2,000,000
2,000,000
McCormick East L/S and Force
Main
7,600,000
7,600,000
2029 General Sewer Plan Update
350,000
350,000
TOTAL
8,187,838
14,800,000
33,627,162
66,025,000
Port Orchard Comprehensive Plan DECEMBER 2024 Amended Month 2025
508
Expenditures
I IF
Project -Prior Years, A 2024-2030 Expenditures Total
Annual Sewer Preservation 3,500,000 3,500,000
Marina Lift Station
3,100,000
15,800,000
18,900,000
Bay Street Pump Station
Replacement
7,000,000
7,000,000
Lift Station Controls (6) &
Generator (1)
125,000
700,000
825,000
Port Orchard BLVD Lift
Station and Siphon
0
7,610,000
7,610,000
Sidney 2"d Force Main
(Pottery Section)
0
731,000
731,000
Sidney 2"d Force Main (Ruby
Creek to Pottery)
0
3,719,000
3,719,000
McCormick Lift Station #3
(GFF Credit)
0
1,000,000
$1,000,000
Ruby Creek Lift Station
0
3,140,000
3,140,000
Sidney Road Gravity Sewer
2,290,000
2,290,000
Bravo Terrace Lift Station
2,500,000
2,500,000
Bravo Terrace Force Main
4,860,000
4,860,000
Sewer Facility Upgrades
2,000,000
2,000,000
McCormick East L/S and
Force Main
7,600,000
7,600,000
2029 General Sewer Plan
Update
350,000
350,000
TOTAL
3,225,000
62,800,000
66,025,000
Port Orchard Comprehensive Plan DECEMBER 2024 Amended Month 2025
509
Water
Port Orchard Public Works Department maintains and manages the City's water system. With two systems
serving the City (City System) and McCormick Woods (McCormick Woods System), Port Orchard serves
over 4,000 connections. Goal 5 and its related policies state the City will ensure that an adequate water
supply is available to support the level of population growth and land development projected within the
City. Details on the City's water system can be found in the Utilities Element as well as the 2020 Water
System Plan. Priority investments and funding assumptions targeted in the next six years are summarized
below.
Funding
City/DeveloperProject
Old Clifton Transmission
Main (Reservoir to
McCormick Woods Drive) 407OW
Source
..
,000,008 1,235,000 I-,040,4=1,235,000
Annual Water Preservation
300,000
400,000
700,000
Well #13
600,000
5,500,000
5,500,000
11,600,000
Well #12
7,000,000 (D)
7,000,000
Well #11 (#3)
465,000
8,500,000
8,965,000
Melcher PS Rebuild (#10)
750,000
500,000
1,250,000
Well #7
500,000
1,015,000
1,515,000
580 to 660 Zone Booster
Station
750,000 (D)
750,000
390-580 Booster Pump
(Glenwood)
725,000
725,000
390-580 Transmission Main
(Glenwood)
515,624 (D)
515,624
660 Zone Storage (CFC
Credit)
2,850,000 (D)
2,850,000
Foster Mitigation
7,200,000
7,200,000
390-580 Intertie and booster
(Old Clifton)
40,000
1,000,000
5-000;0003,9 00,000
5,000,000
TOTAL
13,995,624
19,'n 00019,310,0
00
49,305,62449,110,6
24
16,000,000
Port Orchard Comprehensive Plan DECEMBER 2024 Amended Month 2025
510
Expenditures
Project Prior Years -,,----S-024-2030 Expenditures Total
Old Clifton Transmission
Main (Reservoir to
McCormick Woods Drive) 1,235,0004 940,NQ 1,235,0004-,940-,9A9
Annual Water
Preservation
N/A
700,000
700,000
Well #13
6,100,000
5,500,000
11,600,000
Well #12 (CFC Credit)
7,000,000
7,000,000
Well #11(#3)
2,100,000
6,865,000
8,965,000
Melcher PS Rebuild (#10)
114,000
11136,000
1,250,000
Well #7
1,515,000
1,515,000
580 to 660 Zone Booster
Station (CFC Credit)
750,000
750,000
390-580 Booster Pump
725,000
(Glenwood) (CFC Credit)
725,000
390-580 Transmission
Main (CFC Credit)
(Glenwood)
515,624
515,624
660 Zone Storage (CFC
Credit)
2,850,000
2, 850,000
Foster Mitigation
7,200,000
7,200,000
390-580 Intertie (Old
Clifton)
5,000,000
5,000,000
TOTAL
8,314,000
49-, 1439,476,624
49,305,624A9-4
Port Orchard Comprehensive Plan DECEMBER 2024 Amended Month 2025
511
9.7.5 Parks Facilities
The Parks Element of the 2024 Comprehensive Plan, supplemented by the Parks, Recreation and Open
Space (PROS) Plan, outlines the goals, expectations, and community vision for the City's Parks. This section
draws from those plans with a concentration on capital facilities.
Inventory
Port Orchard owns 89.7 acres of parkland, with a ratio of approximately six acres per every 1,000 residents.
This includes conservancies, resource parks, trails, athletic parks, community centers, special use facilities,
and support facilities.
Parks capital facilities that include structures are listed below; refer to the PROS Plan for a full inventory of
parks.
Facility
Blackjack Creek Multi -Modal Bridge
AddressSite
1301 Area Bay St
Size
Boat Ramp -Launch
533 Bay St
0.82
Central Park (Clayton Park/Dwight Park)
915 Dwight
1.4
Dekalb Pier
467 Bay St
4.1
Etta Turner Park/Blackjack Creek Park
1301 Arena Bay Street
0.16
Givens Field/Active Club
1025 Tacoma Ave
0.6
Marina And Observation Deck
707 Sidney Pkwy
McCormick Village Park
3201 SW Old Clifton Rd
28.6
Van Zee Park
300 Tremont St
8.3
Existing Conditions
According to the PROS Plan, the City has adequate outdoor park and recreational facilities to serve the
population during the 20-year planning horizon; however, playground, picnic, sports court, and field sites
are not evenly distributed within a 5- or 10-minute walk of all residential areas, creating a need for more
neighborhood parks. There are also deficits in indoor recreation facilities, community gardens, and
multipurpose trails.
Additional information on the City's parks and more detailed planning strategies can be found in the City's
PROS Plan and in the Parks Element of this Comprehensive Plan.
Port Orchard Comprehensive Plan DECEMBER 2024 Amended Month 2025
512
Future Needs
The City is committed to providing parks that are safe and well -maintained, enhance residential
neighborhoods, encourage shoreline access, and activate downtown areas.
Considering existing level -of -service for Port Orchard owned parks, the City's projected population growth
will create a need for an additional 61.4 acres of land and 15,661 facility units (square feet of courts, fields,
etc.) by the year 2040, requiring an estimated expenditure of $32,326,076. This does not account for any
maintenance, operation, or repair costs. See the PROs Plan for more information on existing -level -of -
service standards.
The PROS plan highlights the following investments that update and expand existing park facilities.
• In accordance with Policy CF-14, perform required maintenance at all parks and recreation
facilities. Conduct a facilities condition assessment to understand the current conditions and near -
and long-term maintenance needs for all capital facilities.
• As part of a citywide facilities plan, develop a space needs analysis to determine and justify staff
growth and investments needed to achieve the Parks goals. Aligned with Policy CF-11, consider
developing multi -use facilities and partnering opportunities to meet public need.
• Continue plans to design and construct the Port Orchard Community Event Center. The center will
be located at 619 Bay Street on the downtown waterfront and include 7,600-8,600 square feet of
event space and meeting facilities, as well as a 7,000-9,500 square foot library facility with outdoor
decks and an activities area. Consider also relocating the Council Chambers to consolidate
community functions.
• In accordance with Goal 4, perform required maintenance at all parks facilities.
• Protect existing open space and conservancies and acquire and develop parks and trail systems.
• Designate and conserve cultural and historic resources located within park properties; seek joint
funding partnerships with local jurisdictions to create wayfinding and educational signage,
artworks, streetscapes, and gateways.
• Develop a master plan for Givens Park and assess condition, repurposing, or removal of the Active
Club.
• Develop a master plan for expanding Etta Turner Park to the west side of Blackjack Creek. Install
lighting on the bridge and enhance Blackjack Creek.
• Develop master plans for Ruby Creek Regional Park and Sherman Ave Stormwater Park.
• Create and strengthen regional partnerships to enable the City and its partners to provide greater
facilities and opportunities than would be possible alone.
• Acquire property for future park use in areas of need as identified in the Parks Plan, with an
emphasis on the Bethel/Lund and Bethel/Sedgwick Centers.
Port Orchard Comprehensive Plan DECEMBER 2024 Amended Month 2025
513
Priority Investments
Details on current and planned investments in the next 20 years can be found in the PROS Plan. Financial
information to support the facility condition assessment and citywide facilities plan can be found in the
Administration and Community Facilities section. Priority investments and funding assumptions targeted
in the next six years are summarized below.
Funding
Impact..
Source
-%.ity Fee Credit
Port Orchard Community
Fees
Grant Grant Unfunded Total
Event Center 927,430
283,900
18,729,963 6,500,000 1,658,707 28,100,000
Waterfront Plaza Shoreline
Restoration/Enhancement
278,920
352,300
500,000
1,376,780
2,508,000
Orchard St Plaza
792,000
500,000
3,008,000
4,300,000
Givens Park Sport Court
Remodel
253,600
176,400
55,000
485,000
McCormick Village Park
Phase 3
1,250,000
1,250,000
Telford Way Multimodal
Pathway
979,012
979,012
McCormick Village Dr
Multimodal Pathway
1,468,518
1,468,518
Sherman Ave Stormwater
Park
300,000
1,861,039
2,161,039
Paul Powers Park Master
Plan and Redevelopment
500,000
500,000
Givens Park Master Plan
150,000
150,000
Ruby Creek Regional Park
Master Plan
150,000
150,000
TOTAL
1,759,950
3,697,530
1,428,200
19,406,363
7,055,000
8,704,526
42,051,569
Port Orchard Comprehensive Plan DECEMBER 2024 Amended Month 2025
514
6-Year Expenditures
Project Prior Years W2024-2030 Expenditures
Port Orchard Community
Event Center 4,064,132 24,035,868 $28,100,000
Waterfront Plaza Shoreline
Restoration/Enhancement
360,194
2,147,806
2,508,000
Orchard St Plaza
78,822
4,221,178
4,300,000
Givens Park Sport Court
Remodel
485,000
$485,000
McCormick Village Park
Phase 3 (Impact Fee Credit)
1,250,000
1,250,000
Telford Way Multimodal
Pathway (Impact Fee
Credit)
979,012
979,012
McCormick Village Dr
Multimodal Pathway
(Impact Fee Credit)
1,468,518
1,468,518
Sherman Ave Stormwater
Park
300,000
1,861,039
2,161,039
Paul Powers Park Master
Plan and Redevelopment
500,000
500,000
Givens Park Master Plan
150,000
150,000
Ruby Creek Regional Park
Master Plan
150,000
150,000
TOTAL
4,803,148
37,248,421
42,051,569
Port Orchard Comprehensive Plan DECEMBER 2024 Amended Month 2025
515
City of Port Orchard Six -Year Transportation Improvement Program
For 2025-2030 TIER 1 (Reasonably Constrained)
Proj# Road Name Total Future Phase Federal State
(TIF Begin Termini Project Spent Prior Expenditure Start Funding Fund Fund
Proj#) Project Title/Project Description End Termini Length Total Est. Cost to 2024 2024 s 2025 2026 2027 2028 2029 2030 Year Status Phase Code Federal Funds Code State Funds Local Funds
1.1
Bay Street Pedestiran Pathway ROW
PO Shoreline:
Add 14-ft Multi -Modal (bikes & pedestrians)
Sidney Ave. Foot
1.2
2,280,000
1,140,000
1,140,000
0
0
0
0
0
0
0
2013
S
ROW
STP 1,923,590
0
300,212
waterfront pathway & cantilevered retaining wall
Ferry to Annapolis
0
0
0
0
0
0
0
0
0
2018
P
ROW
0
581,000
following historic Mosquito Fleet trail and
Foot Ferry
N/A
pedestrian bridge across Black Jack Creek.
1.2
Bay Street Pedestrian Pathway CN
The CN phase for the 14-ft Multi -Modal (bike & ped)
1.2
1,115,000
650,000
465,000
0
0
0
0
0
0
0
2018
S
CN
1,115,000
waterfront pathway/cantilevered retailing wall
3,000,000
0
3,000,000
0
0
0
0
0
0
0
2024
S
CN
ConnWA
3,000,000
1,500,000
following the historic Mosquito Fleet trail. Includes
the demolition/removal of (5) overwater structures.
N/A
__...,, _ � ..2 � , o �_,..
1.4
Old Clifton/ Anderson Hill Intersection Improvements
Old Clifton Rd /
Intersection Improvements (roundabout) as
Anderson Hill Rd.
0
300,000
0
0
300,000
300,000
0
0
0
0
0
2027
S
PE
Developer:$320,000 + 700,000 + McCormick
0
identified in the McCormick Urban Village Trans Plan
Intersection
2,000,000
0
0
2,000,000
0
2,000,000
0
0
0
2028
P
CN
TIF; $786,000
0
TIF 1.4
and partially funded by Bayside Mit Funds.
1.5
Old Clifton Rd Non -Motorized Improvements
Old Clifton Road:
Roadway Improvements identified in the McCormick
McCormick Village
0.75
450,000
150,000
0
450,000
0
450,000
0
0
2026
P
PE
0
450,000
Urban Village Trans Plan. Design and Construction.
to Anderson Hill Rd.
2,000,000
2,700,000
2027
P
CN
STP(U),
TIB/CS
TIF 1.5,
2.07 Separated pathway and shoulder facilities.
RCO
1.7
Bethel Phase 5a - Bethel/Lincoln/ Mitchel RABs
Bethel/Lincoln/Lunb
Safety and capacity improvements to intersection
erg/ Mitchell
0
4,000,000
800,000
0
2021
S
PE
800,000
and reconfiguration of approaches. Phase 1 Lincoln
0
1,100,000
2,100,000
2100000
2022
S
CN
HSP 1,500,000
TIB LAP
1,100,000
700,000
TIF 2.04e Mitchel completed.
1.8
Bethel Phase 1a - Blueberry RAB
Bethel Road/
Phase la. Bethel/ Blueberry RAB 60% PE in 2022
Blueberry
0
3,341,000
0
250,000
285,000
160,000
125,000
2022
S
PE
0
0
535,000
and start ROW for Phase la/b.
Intersection
268,000
134,000
134,000
2024
S
ROW
0
268,000
2,788,000
2788000
2026
P
CN
TIB/
0
2,788,000
FIF 2.04a
UAP/CS
1.9
Bethel ase lb - Salmonberry RAB
Bethel Road;
Phaselb. Bethel/ Salmonberry RAB Round and
Salmonberry
0
11,467,000
0
375,000
891,000
497,000
394,000
2023
S
PE
0
0
1,272,000
roadway segment design from Blueberry to
intersection;
3,206,000
1,603,000
1,603,000
0
2024
S
ROW
0
3,206,000
Salmonberry. Salmbonberry from Bethel to City
Salmonberry East
7,370,000
7,370,000
2026
P
CN
TIB/UAP/
0
7,370,000
FIF 2.04a Limits.
CS
1.10
Bethel Phase 4b; Vallair Ct Connector
Bethel
Intersection improvements and road extension and
Road/Walmart Drive 0.25
3,000,000
0
0
1,000,000
0 0
0 0 1,000,000 0 2027
P
PE & ROW
0
0 1,000,000
intersection improvements included in the Bethel
Intersection to
0
0
2,000,000
0 0
0 0 0 1,000,000 2028
P
CN
0 TIB
0 1,000,000
TIF 1.7
Road Corridor study
Vallair Ct.
1.14
Sidney Road SW Sidewalk
Sidney Glen
Address gap in sidewalk along school frontage
Elementary 0.95
1,895,000
0
235,000
0
2023
P
PE
173,000
62,000
Sidewalk
1,660,000
1,660,000
2024
P
CN
SRTS
1,222,000
438,000
TIF 2.05
1.16
SR166 Bay Street Reconstruction
SR166 from Geiger
Raise street to address sea level rise and improve to
to Frederick
7,259,000
200,000
1,135,000
0
0 0
2022
S
PE
CDS
1,000,000
135,000
current standard in accordance with redevelopment
5,924,000
5,924,000
2026
S
CN
KRCC
2,000,000
649,000
plans. Amount shown does not include water and
sewer utility improvments.
N/A
Citywide corridors,
1.17
Street Lighting Improvements
highest priority
Currently funded work include Pottery, Sidney Rd.
locations
1,310,000
0
0
100,000
100,000 2023
S
PE
HSIP
0
0
Future applications to be submitted for Tremont
210,000
1,000,000
1,000,000 2024
S
CN
HSIP
210,000
0
P
DN/CN
HSIP
1,100,00
0
N/A
1.18
Tremont Phase 2 and 3
Port Orchard Blvd to
Sidney Ave.
Lrl
4/8/2025
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C:\Users\ fink\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\PWL32QI4\2025-2044
TIP.4_7_2025.draft
City of Port Orchard Six -Year Transportation Improvement Progran
For 2025-2030 TIER 1 (Reasonably Constrained)
Proj# Road Name
(TIF Begin Termini
Proj#) Project Title/Project Description End Termini
Non motorized connectivity study and design of
elements for future ROW and/or CN application
2.12 & 2.30
1.19 SR160 Sedgwick Phase 2a
New Intersection
Total
Future
Phase
Federal
State
Project Spent Prior
Expenditure
Start
Funding
Fund
Fund
Length Total Est. Cost to 2024
2024 s 2025
2026 2027 2028 2029 2030 Year
Status
Phase
Code Federal Funds
Code State Funds
Local Funds
4,732,000 0
732,000 732,000
2023
S
PE
PedBike
732,000
0
1,000,000
1,000,000 2027
P
ROW
PedBike
TBD
TBD
3,000,000
3,000,000 2029
P
CN
PedBike
TBD
TBD
New Roundabout midway between SR16 and Bethel Rd. 1,550,000
0
0
600,000
600,000 2027
P
PE
BuildAm
600,000
Facilitate development. 60% DN and ROW acquisition for
950,000
950,000 2028
P
ROW
BuildAm
950,000
two lane RAB that will be innitially constructed as one
TIF
lane. Also acquisition of a reminent on the north side
2.04B
west of the proposed RAB.
1.20
Bethel Phase 4a; Lund RAB New Intersection
New roundabout at Bethel and Lund Intersection. 1,000,000
0
0
500,000
0 500,000 2027
P
PE
STP 432,500
67,500
500,000
0 500,000 2029
P
ROW
STP 432,500
67,500
2.04
TIF
1.21
Old Clifton/ McCormick Woods Dr. RAB Old Clifton Rd /
Intersection Improvements (roundabout) as Anderson Hill Rd. 0 1,600,000
0
0
250,000 250,000
0 2025
P
PE
Developer
450,000
identified in the McCormick Urban Village Trans Plan Intersection
0
0
0 0
0 2025
P
ROW
Removed from project
0
and partially funded by Bayside Mit Funds.
TIF 2.08
1,350,000
1,350,000
2027
P
CN Developer
1,750,000
Total Capital Pojects
$47,699,000
$2,940,000 $10,302,000
$37,964,000
$6,454,000
$8,180,000
$13,258,000
$2,050,000
$7,650,000
$1,000,000
$8,028,590
$4,832,000 $25,719,212
Maintenance Projects
Total
2024
Future Exp
2025
2026
2027
2028
2029
2030
1.51 Annual Pavement Maintenance
Includes patching, crack -sealing, striping, and other
656,500
56,500
600,000
100,000
100,000
100,000
100,000
100,000
100,000
On going
S
CN
600,000
activities
1.52 * Annual Sidewalk & ADA Upgrade Program
Repair and replace concrete sidewalks and curb
1,238,000
38,000
1,200,000
200,000
200,000
200,000
200,000
200,000
200,000
On going
S
CN
1,200,000
ramps as identified in the program
1.53 ** Annual Pavement Management System Paving Projects
Pavement replacement projects as identified in the
4,135,000
535,000
3,600,000
600,000
600,000
600,000
600,000
600,000
600,000
On going
S
CN
3,600,000
pavement management system program
Total Maintenance Projects 6,029,500 0 629,500 5,400,000 900,000 900,000 900,000 900,000 900,000 900,000
* Per 2016 ADA transition plan: $180,000 annually over 20 years to comply on arterial streets.
** Per 2016 Pavement Management Analysis Report: $1.45 million annually to maintain network condition (PCI of 70), $500k to keep network PCI above 65 after 5 years.
0 5,400,000
s 4/8/2025
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City of Port Orchard Transportation Improvement Program (TIP)
For 2031-2044 TIER 2 (Unconstrained)
Road Name
Total
Phase
Federal
State
Priority
Begin Termini
Project
Start
Funding
Fund
Fund
Number
Project Title/Project Description
End Termini
Length
Total Est. Cost
2031-2035
2036-2044
Year
Status
Phase
Code
Federal Funds Code
State Funds
Local Funds
Capital Projects
2.01
Sidney Avenue
Tremont Street to
1
3,750,000
3,750,000
0
2029
P
PE/RW
STP(U)
0
0
3,750,000
The design, permitting, right-of-way acquisition
Fireweed
6,750,000
6,750,000
0
2031
P
CN
!!! Note !!!
0
6,750,000
and construction for this project with bike lanes,
Need updated
storm drainage and sidewalks. (COMPLETE
traffic model
TIF 2.01
STREET)
STP(U)
input before
2.02A
Sedgwick Road West - Design, Permitting & ROW
SR 16 Interchange to
0.4
462,428
462,428
0
2029
P
PE
STP(U)
400,000
0
62,428
The design, permitting and right-of-way
Sidney Rd. SW
693,642
693,642
0
2030
P
RW
STP(U)
600,000
0
93,642
acquisition phase for this widening project with 3
lanes (continuous TWTL), bike lanes, sidewalks
and box culvert across Blackjack Creek.)
TIF 2.02
2.02E
Sedgwick Road West - Construction
SR 16 Interchange to
0.4
3,468,208
3,468,208
0
2031
P
CN
STP(U) 3,000,000
0
468,208
The construction phase for this widening project
Sidney Rd. SW.
with 3 lanes (continuous TWTL), bike lanes,
sidewalks and box culvert across Blackjack Creek.)
TIF 2.02
2.04A.2
Ramsey Road Widening
Sedgwick Road to
Widen road to two travel lanes with bike
Salmonberry Road
0.5
4,000,000
0
4,000,000
2029
P
ALL
0
0
0
facilities, sidewalks and stormwater system
TIF 2.04A
improvements.
Bethel/Sedgwick Corridor Phase 2 -
Sedgwick Road: SR-16
2.046
Design, ROW and Construction
interchange to Bethel
1,110,000
1,110,000
0
2030
P
PE
0
0
1,110,000
Design, ROW acquisition and construction of the
0.7
2,802,000
2,802,000
0
2031
P
RW
0
0
2,802,000
second phase of the street improvements per the
12,757,000
12,757,000
0
2032
P
CN
12,725,000
0
0
Bethel/Sedgwick Corridor Plan (2018).
TIF 2.04E
Bethel/Sedgwick Corridor Phase 3 -
Blueberrry to Piperberry.
2.04C
Design, ROW and Construction
DN, ROW, CN. To be addressed with future State
0.25
1,800,000
450,000
2040
P
PE
intersection improvements at Sedgdwick?
350,000
2041
P
RW
1,000,000
2044
P
CN
Bethel/Sedgwick Corridor Phase 4 -
Bethel Road: Lund to
2.04D
Design, ROW and Construction
Salmonberry
616,000
0
616,000
2034
P
PE
0
0
616,000
Design, ROW acquisition and construction of the
0.5
1,041,000
0
1,041,000
2035
P
RW
0
0
1,041,000
fourth phase of the street improvements per the
7,087,000
0
7,087,000
2036
P
CN
7,087,000
0
0
Bethel/Sedgwick Corridor Plan (2018).
TIF 2.04D
Bethel/Sedgwick Corridor Phase 5 -
Bethel Road: Mile Hill
2.04E
Design, ROW and Construction
Drive to Lund
720,000
0
720,000
2036
P
PE
0
0
720,000
Design, ROW acquisition and construction of the
1.1
1,532,000
0
1,532,000
2037
P
RW
0
0
1,532,000
fifth phase of the street improvements per the
6,283,000
0
6,283,000
2038
P
CN
6,283,000
0
0
Bethel/Sedgwick Corridor Plan (2018).
TIF 2.04E
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City of Port Orchard Transportation Improvement Program (TIP)
For 2031-2044 TIER 2 (Unconstrained)
Road Name
Total
Phase
Federal
State
Priority
Begin Termini
Project
Start
Funding
Fund
Fund
Number
Project Title/Project Description
End Termini
Length Total Est. Cost 2031-2035
2036-2044 Year
Status Phase
Code Federal Funds
Code State Funds Local Funds
2.05
Sidney Road SW Widening Phase 2
City limits to Berry Lake
Roadway widening to three lanes (additional
0.95 500,000 500,000
0 2028
P PE
0
0 500,000
TWTL) including bike lanes, sidewalks, traffic
0 2029
P CN
STP(U) 0
TIB 0 3,000,000
calming, and stormwater system improvements.
(COMPLETE STREET).
TIF 2.05
2.06
Pottery Avenue Widening
Pottery Avenue:
Widen road to two travel lanes with bike
Tremont Place to
0.22
1,600,000
1,600,000
0
2029
P
ALL
0
0
1,600,000
facilities, sidewalks and stormwater system
Melcher Street
TIF 2.06
improvements.
2.07
Old Clifton Rd Shoulder & Pedestrian Improvements
Old Clifton Road:
Design and construction of shoulder widening,
Anderson Hill to
1.35
2,700,000
2,700,000
0
2028
P
CN
0
0
2,000,000
street lighting, watermain extension and grade-
McCormick Wood Dr.
seperated Pedestrian Path as identified in the
McCormick Urban Village Trans Plan.
TIF 2.07
2.08
Not used
2.09
Melcher Street Widening
Reconstruction to widen road to allow two safe
Melcher Street:
0.4
1,500,000
0
1,500,000
2032
P
ALL
0
0
1,500,000
travel lanes, bike facilities, sidewalks and a
Pottery Avenue to
stormwater system.
Sherman Avenue
TIF 2.09
2.10
Fireweed Road Widening
Reconstruction widening the road to allow for
Fireweed Road:
0.25
1,500,000
0
1,500,000
2035
P
ALL
0
0
1,500,000
safe travel lanes, bike facilities, sidewalks and a
Sidney Avenue to
stormwater system.
South Flower Avenue
TIF 2.10
2.11
Sherman Avenue Widening
Sherman Avenue:
Reconstruction widening roadway to allow two
Fireweed Road to
0.35
2,000,000
0
2,000,000
2032
P
ALL
0
0
2,000,000
safe travel lanes, bike facilities, sidewalks and a
Terminus at SR 16
stormwater system.
TIF 2.12
2.12
Tremont St Widening - Port Orchard Blvd (Ph. 2)
Port Orchard Blvd.
Construct roundabouts at Tremont Street/PO
Tremont Street to
1.1
809,250
0
809,250
2033
P
PE
STP(U) 700,000
0
109,250
Blvd. and Bay Street (SR166)/PO Blvd. and curb,
Bay Street (SR166)
gutter, bike lanes, sidewalks, street lighting,
520,231
0
520,231
2035
P
RW
STP(U) 450,000
0
70,231
storm drainage and Schedule 74 Undergrounding.
7,225,434
0
7,225,434
2037
P
CN
STP(U) 6,250,000
0
975,434
TIF 2.13
2.13 Not Used
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tG
City of Port Orchard Transportation Improvement Program (TIP)
For 2031-2044 TIER 2 (Unconstrained)
Road Name Total Phase Federal State
Priority Begin Termini Project Start Funding Fund Fund
Number Project Title/Project Description End Termini Length Total Est. Cost 2031-2035 2036-2044 Year Status Phase Code Federal Funds Code State Funds Local Funds
2.14 Old Clifton Berry Lake Road Intersection 0 0 0 0 0 0 0
Intersection Improvement by Kitsap County
2.15
Blueberry Road Widening
Geiger Road to Bethel
Widen road to two travel lanes with bike lanes,
Road
0.4
1,200,000
0
1,200,000
2036
P
ALL
0
0
0
sidewalks and stormwater system improvements.
TIF 2.16
2.16
Geiger Road Widening
Sedgwick Road to
Widen road to two travel lanes with bike
Blueberry Road
0.25
750,000
0
750,000
2034
P
ALL
0
0
0
facilities, sidewalks and stormwater system
TIF 2.17
improvements.
2.17
Salmonberry Road Widening
Ramsey Road to Bethel
Widen road to two travel lanes, sidewalks, new
Road
0.15
2,500,000
0
2,500,000
2031
P
ALL
0
0
0
culvert and conveyances to blackjack creek.
TIF 2.18
2.18
Piperberry Way Extention
Geiger Road to Ramsey
Provide an extension of Piperberry from Ramsey
Road
0.25
1,150,000
0
1,150,000
2034
P
ALL
0
0
0
to Geiger and a new street connection to the
proposed roundabout on Sedgwick.
TIF 2.19
2.19
Old Clifton & Feilgly Intersection
Feigly intersection
Complete street improvement identified in the
0
2,800,000
0
2,800,000
2040
P
ALL
0
0
0
McCormicks Urban Village Transportation Plan.
Continuation of 1.5A
TIF 2.21
2.20
Bay Street Pathway - West
Tremont to Footferry
Continuation of project following study in 1.8
0
4,000,000
4,000,000
0
2030
P
ALL
0
0
0
2.21
Bethel Business Connector
Lund to Salmonberry via
Provides street internal to business district for
Cathie Ave., Jerry Ln,
1,400,000
400,000
2032
P
ROW
traffic conjestion relief on Bethel. Includes
and the Walmart
0.25
1
1,000,000
2040
P
DN & CN
0
0
0
permanent easement acquisition thru proposed
Connector.
Home Depot site and adjacent to Salmonberrry
TIF 2.04A
Atp's site.
2.22 Not Used
2.23 Bay Street Improvements Harrison to Mile Hill Dr
Complete Street and utility improvements. Refer intersection with Bay 0 10,000,000 0 10,000,000 2040 P ALL 0 0 0
to Study. Street.
2.24 Bay St. & Port Orchard Blvd Intersection Bay Street at Port
Single Lane Round About to address safety and Orchard Boulevard 0 3,000,000 0 3,000,000 2040 P ALL 0 0 0
capacity. Bay Street Pathway crossing. Assumed
creek is not impacted by project/ no major
mitigation.
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City of Port Orchard Transportation Improvement Program (TIP)
For 2031-2044 TIER 2 (Unconstrained)
Road Name
Total
Phase
Federal
State
Priority
Begin Termini
Project
Start
Funding
Fund
Fund
Number
Project Title/Project Description
End Termini
Length
Total Est. Cost
2031-2035
2036-2044
Year
Status
Phase
Code
Federal Funds
Code
State Funds
Local Funds
2.25
Bay St. & Kitsap Street Intersection Improvement
Bay Street at Kitsap
Re -align Kitsap intersection to address safety and
Street
0
2,000,000
0
2,000,000
2040
P
ALL
0
0
0
capacity. Cline to end at Kitsap. Relocate flag
pole. Signalized Intersection?
2.26
Bay St. & Mitchell and Guy Wetzel
Bay Street at Mitchell
Reconfigure intersections to address safety and
Avenue and Guy Wetzel
0
2,500,000
0
2,500,000
2040
P
ALL
0
0
0
capacity.
St
2.27
Sidney Avenue Improvements
Prospect St. to the
Sidewalk and streetscape improvements.
Waterfront
0
1,500,000
0
1,500,000
2040
P
ALL
0
0
0
Developer Imrpovements?
2.28
Harrison Avenue Improvements
Bay Street to the
Sidewalk and streetscape improvements. Signal
Waterfront
0
1,000,000
0
1,000,000
2040
P
ALL
0
0
0
replacement? Developer Project?
2.28
Fredrick Avenue Impr.
Prospect to Waterfront.
Convert to two way street with angled parking.
0
1,500,000
0
1,500,000
2040
P
ALL
0
0
0
Provide sidewalk and streetscape impr.
2.29
New Waterfront Street
Frederick to Sidney
Sidewalk and streetscape improvements.
0
2,500,000
0
2,500,000
2040
P
ALL
0
0
0
"Shared Street" concept. Developer
Improvement?
Port Orchard Blvd. to
2.30
Tremont St Widening - Port Orchard Blvd (Ph. 3)
Sidney Ave.
Center median, bike lane, sidewalk, and
0
51000,000
0
5,000,000
2041
P
ALL
STP(U)
0
-IB, Ped Bik,
0
0
streetscape improvements on Tremont and
Sidney. Roundabout at the Tremont/ Sidney
intersection for non -motorized safety.
Accomodation for fire station. ROW needed on
north side of Tremont.
Glenwood at McC Wds
2.31
Glenwood at McCormick Woods Drive Interection
Dr.
Roundabout and approaches for future bike lanes
0
3,000,000
0
3,000,000
2041
P
ALL
STP(U)
0
-IB, Ped Bik,
0
0
and sidewalks
2.32
Bay Street Pedestiran Pathway - West
Kitsap Transit to PO Blvd
Multi -use Pathway
0
1,000,000
0
1,000,000
2041
P
ALL
STP(U)
0
-IB, Ped Bik
0
0
2.33 Port Orchard Blvd. Non -motorized
Bay Street to Tremont
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City of Port Orchard Transportation Improvement Program (TIP)
For 2031-2044 TIER 2 (Unconstrained)
Priority
Number Project Title/Project Description
Separated mutli-use pathway using existing
paved surfaces, street lighting
Road Name Total
Begin Termini Project
End Termini Length Total Est. Cost 2031-2035
0 1,500,000 0
Phase Federal State
Start Funding Fund Fund
2036-2044 Year Status Phase Code Federal Funds Code State Funds Local Funds
1,500,000 2041 P ALL STP(U) 0 -IB, Ped Bik, 0 0
PO Blvd. to Geiger St.
2.34
Bay Street Reconstruction Phase 2
Sidewalk improvments, power undergrounding,
0.2 mi 5,000,000 5,000,000 2034
street lighting, stormwater recontruction, water
and sewer utility (separate cost tracking).
Interection improvements at PO Blvd and Kitsap
2.35
Bay Street Reconstruction Phase 3
Frederick to Harrison
Marque removal, sidewalk improvements, power
0.15 mi 4,000,000 4,000,000 2044
undergrounding, street lighting, stormwater
recontruction, water and sewer utility may be
added at additional cost
S. Kitsap & Lippert
2.36
Pottery Intersections
RAB improvemetns to maintain LOS.
4,000,000 6,000,000 2044
Intersection
2.37
Old Clifton/ Lloyd Intersection
RAB improvement to maintain LOS
4,000,000 4,000,000 2040
Total Tier 2 Capital Projects 81,827,193 39,593,278 42,233,915 37,495,000 0 32,200,193
Maintenance Project
2.51 Cline Avenue Repairs
Replace sidewalk and parking strip. Cline Avenue: 0.13 200,000 0 0 P ALL 200,000
Kitsap Street to
Dwight Street
Total Tier 2 Maintenance Projects
200,000 0 0 0 0 200,000
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IV
From:
William Palmer
To:
Nick Bond; Jim Fisk
Cc:
Mike Diaz
Subject:
Diaz Comprehensive Plan Amendment and Rezone
Date:
Monday, May 12, 2025 6:39:55 PM
You don't often get email from wpconslts@telebyte.net. Learn why this is important
Nick, Jim,
There were a couple of issues that the Planning Commission was
struggling with this past Tuesday evening. One was quite obviously access
to the rezone area and the other was R-2 vrs. R-3 implementing zoning.
Late last week Mike Diaz met with the property owners having the access
easement from his site to Anderson Hill Road. While there are a tenant or
two that are not pacified yet, the individuals who own the property are
more accommodating. The property owners based on Mike's discussion
with them seem not to oppose the access route. Mr. Diaz explained that he
does not have to connect to the water line on Anderson Hill Road and there
is no sewer line yet serving the area as it is Rural Residential Zoned. In the
event that Mr. Diaz might improve the road link, he will not have to install
any utilities other than make provision for storm water conveyance. That
explanation seemed reasonable to the property owners. Residential traffic
vs. industrial traffic is more palatable to them too.
At the time he is able to go forward with his intended subdivision Mike will
explore any and all other options for access. Perhaps to the north through
the City's property or even a crossing of the creek. Regarding the latter,
such a crossing could be accomplished with the installation of a large
culvert (allowing small animal passage, since there are no fish to be
accommodated). Another option would be a bridge of some sort. Those
details do not have to be addressed when a Comprehensive Plan
Amendment / Rezone is considered. The issue is more pertinent to a
proposal to develop the property.
The other issue the Planning Commission seemed to be struggling with
centered on whether R-2 rather than R-3 might be the implementing
rezone. Mr. Diaz' application is for R-3, not because of a desire to develop
the site with apartments, or even duplexes. The R-3 Zone was chosen
525
because of the smaller lot size allowance, which gives him more flexibility
in subdivision design. Thus, he would prefer to have the City approve the R-
3 Zone as the implementing Zoning.
Another concern expressed by the citizens along the access easement
concerned possible adverse impact to their wells. Mr. Diaz' property itself
has a well on it. Regarding this well it would be decommissioned at the
time of subdivision. The other wells along the easement are not drilled in
the easement, but sit more that 25'-30' inside the property. The fact of the
matter is, those wells would not be impacted or compromised if the access
easement were to be improved with paved driving lanes and a sidewalk.
The 100-foot well radius is established to provide adequate separation
between the well site and a septic system's drain field. Also, storage of
petroleum products is to be no closer than 50-feet to a well site. However,
houses, driveways, sidewalks and roads can be in a well radius and often
are.
Clearly, this is an unfounded fear on the part of the people occupying
residences along the access easement. It is a fear that could be addressed
by the Health District or anyone licensed to install septic systems.
Mike and I appreciate your efforts at the Planning Commission's Hearing to
have them focus on the Plan Amendment and Zoning issues rather than on
the citizen concerns about access. If allowed, I can address those issues
in more detail as was done when the amendment was proposed.
We look forward to any guidance you might suggest between now and the
Planning Commission's continued hearing.
1:311ow.t m
W.M. PALMER CONSULTANTS
P.O. Box 6, Port Orchard, Wa. 98366
[360] 621-7237
wpconsltseDtelebyte. net
526