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016-17 - Ordinance - Amending Chapters 16.13, 16.30 and 16.40 Creating a New R8-MWD ZoneORDINANCE NO. 016-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, CREATING A NEW R8-MWD ZONE; AMENDING POMC CHAPTERS 16.13, 16.30 AND 16.40; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard wishes to establish a new zone designation of R8- MWD, in order to allow alternative site design and development standards for certain properties that are currently zoned R8; and WHEREAS, revisions to Chapters 16.13, 16.30 and 16.40 POMC have been proposed in order to define and provide development standards for the R8-MWD zone; and WHEREAS, on April 4, 2017 the City Planning Commission held a duly-noticed public hearing, at which no comments were received, and recommended approval of the proposed revisions to Chapters 16.13,16.30 and 16.40 POMC to the City Council; and WHEREAS, on April 18, 2017, the City Council reviewed the proposed revisions to Chapters 16.13, 16.30 and 16.40 POMC at its work-study meeting, and determined that these revisions are appropriate to establish the necessary standards for the new R8-MWD zone; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1, The City Council adopts all of the "Whereas" Sections of this ordinance as findings in support of this ordinance. SECTION 2. Chapter 16.13 POMC is hereby amended to read as follows; all other provisions of this chapter shall remain unchanged and in full force and effect: Chapter 16.13 ZONING DISTRICTS Sections: 16.13.100 Zoning districts - Purpose. Greenbelt zone (Gb). Gb zone - Permitted uses. 16.13.110 16.13.111 Gb zone - Conditional uses.16.13.112 Ordinance No. 016-17 Page 2 of 72 Gb zone - Lot area.16.13.113 Gb zone - Lot coverage.16.13.114 Gb zone-Yards.16.13.115 Gb zone - Building height.16.13.116 Residential zone low density single-family detached (R4.5).16.13.120 R4.5 zone - Permitted uses.16.13.121 R4.5 zone - Conditional uses.16.13.122 16.13.123 R4.5 zone - Lot area. 16.13.124 R4.5 zone - Lot coverage. R4.5 zone-Yards.16.13.125 R4.5 zone - Building height.16.13.126 Residential zone medium density single-family detached/attached (R8 and R8-16.13.130 MWD). R8 and R8-MWD zones - Permitted uses.16.13.131 R8 and R8-MWD zones - Conditional uses.16.13.132 R8 and R8-MWD zones - Lot area.16.13.133 R8 and R8-MWD zones - Lot coverage. R8 and R8-MWD zones - Yards. 16.13.134 16.13.135 R8 and R8-MWD zones - Building height.16.13.136 Residential zone medium-high density single-family attached and multifamily (R12)16.13.137 16.13.138 R12 zone - Permitted uses. R12 zone - Conditional uses.16.13.139 16.13.140 R12 zone - Lot area. Ordinance No. 016-17 Page 3 of 72 16.13.141 R12 zone - Lot coverage. R12 zone - Yards.16.13.142 R12 zone - Building height.16.13.143 Residential zone - Single-/multiple-family detached/attached (R20).16.13.144 R20 zone - Permitted uses.16.13.145 R20 zone - Conditional uses.16.13.146 16.13.147 R20 zone - Lot area. 16.13.148 R20 zone - Lot coverage. R20 zone - Yards.16.13.149 R20 zone - Building height.16.13.150 Commercial retail and office (Co) zone.16.13.151 Co zone - Permitted uses.16.13.152 Co zone - Conditional uses.16.13.153 16.13.154 Co zone - Lot area. 16.13.155 Co zone - Lot coverage. Co zone-Yards.16.13.156 Co zone - Building height.16.13.157 Employment industrial and office (Eo) zone. Eo zone - Permitted uses. 16.13.158 16.13.159 Eo zone - Conditional uses.16.13.160 16.13.161 Eo zone - Lot area. 16.13.162 Eo zone - Lot coverage. Ordinance No. 016-17 Page 4 of 72 Eo zone-Yards.16.13.163 Eo zone - Building height.16.13.164 Mixed use-Commercial, employment, and residential (Mxd) zone.16.13.165 Mxd zone - Permitted uses.16.13.166 Mxd zone - Conditional uses.16.13.167 Mxd zone - Lot area.16.13.168 Mxd zone - Lot coverage.16.13.169 Mxd zone - Yards.16.13.170 Mxd zone - Building height.16.13.171 Community facilities (Cf) zone.16.13.172 Cf zone - Permitted uses.16.13.173 Cf zone - Conditional uses.16.13.174 Cf zone - Lot area.16.13.175 Cf zone - Lot coverage.16.13.176 Cf zone-Yards.16.13.177 Cf zone - Building height.16.13.178 Planned residential developments16.13.179 (-PRD). 16.13.180 PRD - Permitted uses. PRD - Minimum lot area.16.13.181 PRD - Platting requirements.16.13.182 PRD - Criteria for approval.16.13.183 Business professional I and II (BP-I and BP-II) zones.16.13.184 Ordinance No. 016-17 Page 5 of 72 BP-I and BP-II zones - Permitted uses.16.13.185 BP-I and BP-II zones-Conditional uses.16.13.186 BP-I and BP-II zones - Lot area.16.13.187 BP-I and BP-II zones - Lot coverage.16.13.188 BP-I and BP-II zones - Yards.16.13.189 BP-I and BP-II zones - Building height.16.13.190 16.13.100 Zoning districts - Purpose. The purpose statements for each zoning district set forth in the following sections shall be used to guide the application of the zones and designations to all lands. They shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title. 16.13.110 Greenbelt zone (Gb). (1) Purpose. It is the purpose of the greenbelt zone to preserve and protect natural areas that are unique in character, and ensure that natural systems will be maintained. (2) This purpose will be accomplished by: (a) Providing for conservation, wildlife habitat, open space, parks, recreational areas, trails, greenways, and similar urban separators on lands that are suitable for this purpose. (b) Within the greenbelt system, allowing only those accessory and complementary uses that are compatible with the preservation of natural systems. (3) This zone is appropriate where lands acquired or proposed to be acquired or set aside for public park and recreation use by the comprehensive plan and for other semi-publicly or privately owned lands that are dedicated, reserved or otherwise set aside for greenbelt purposes including those of a commercial orientation that should be reserved for long-term protection. 16.13.111 Gb zone - Permitted uses. The following are permitted uses in a greenbelt (Gb) zone: (1) Permitted uses are those as shown on land use Tables 16.30.030 through 16.30.100. (2) Accessory buildings or structures in accordance with the provisions of POMC 16.08.006 through 16.08.012. Ordinance No. 016-17 Page 6 of 72 (3) Signs in accordance with the provisions of Chapter 16.65 POMC. 16.13.112 Gb zone - Conditional uses. Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC. 16.13.113 Gb zone - Lot area. Lot area is as described in Table 16.40.025, Densities and Dimensions. 16.13.114 Gb zone - Lot coverage. Lot coverage is as described in Table 16.40.025, Densities and Dimensions. 16.13.115 Gb zone - Yards. Yard requirements are as described in Table 16.40.025, Densities and Dimensions. 16.13.116 Gb zone - Building height. Building height is as described in Table 16.40.025, Densities and Dimensions. 16.13.120 Residential zone low density single-family detached (R4.5). (1) Purpose. The primary purpose of the low density single-family detached residential zone (R4.5), up to 4.5 units/net useable acre, is to: (a) Provide for an urban residential environment that is consistent with the traditional image of the Port Orchard area; and (b) Implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and to efficiently use residential land, public services, and energy. (2) These purposes are accomplished by: (a) Providing for a mix of predominantly single-family detached housing types including zero lot line and housing arrangements with a variety of densities and sizes in locations appropriate for urban densities. (b) Allowing only those accessory and complementary nonresidential uses that are compatible with single-family residential communities. (3) This zone is appropriate where: (a) Designated by the comprehensive plan when such areas are served at the time of development by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. Ordinance No. 016-17 Page 7 of 72 (b) Surrounding lands have already been developed for lower intensity single-family detached housing types and offer greenbelt, recreation, and pedestrian services most supportive of lower density living arrangements. 16.13.121 R4.5 zone - Permitted uses. (1) Permitted uses are those as shown on land use Tables 16.30.030 through 16.30.100. (2) Accessory buildings or structures in accordance with the provisions of POMC 16.08.006 through 16.08.012. (3) Signs in accordance with the provisions of Chapter 16.65 POMC. 16.13.122 R4.5 zone - Conditional uses. Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC. 16.13.123 R4.5 zone - Lot area. Lot area is as described in Table 16.40.025, Densities and Dimensions. 16.13.124 R4.5 zone - Lot coverage. Lot coverage is as described in Table 16.40.025, Densities and Dimensions. 16.13.125 R4.5 zone-Yards. Yard requirements are as described in Table 16.40.025, Densities and Dimensions. 16.13.126 R4.5 zone - Building height. Building height is as described in Table 16.40.025, Densities and Dimensions. 16.13.130 Residential zone medium density single-family detached/attached (R8 and R8-MWD). (1) Purpose. The purpose of the medium density single-family detached/attached residential zones (R8 and R8-MWD - up to 8.0 units/net useable acre) is to: (a) Define areas that allow a moderate dwelling unit density - particularly in locations that are well served by the arterial circulation system and community facilities in general; (b) Implement comprehensive plan goals and policies for housing quality, diversity, and affordability; and (c) Efficiently use residential land, public services, and energy. (d) Maintain consistent common development standards at street block level while recognizing the presence of master planned communities and the City's history of annexing areas which have been developed under county regulations. Ordinance No. 016-17 Page 8 of 72 (2) These purposes are accomplished by: (a) Providing for a mix of single-family detached including lot line and village detached housing arrangements, and attached housing types including duplex or twins, patio house, atrium house, weak and strong link town or row house, with a variety of densities and sizes in locations appropriate for urban densities. (b) Allowing only those accessory and complementary nonresidential uses that are compatible with medium density single-family residential communities. (3) These zones are appropriate where: (a) Designated by the comprehensive plan when such areas are served at the time of development by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (b) Surrounding lands have already been developed for moderate intensity single-family or multifamily housing types but abut more intensely developed commercial, office, employment or other nonresidential land uses - and offer greenbelt, recreation, pedestrian, and transit services most supportive of medium density living arrangements. 16.13.131 R8 and R8-MWD zones - Permitted uses. The following are permitted uses in the R8 and R8-MWD single-family detached/attached residential zone: (1) Permitted uses are those as shown on land use Tables 16.30.030 through 16.30.100. (2) Accessory buildings or structures in accordance with the provisions of POMC 16.08.006 through 16.08.012. (3) Signs in accordance with the provisions of Chapter 16.65 POMC. 16.13.132 R8 and R8-MWD zones - Conditional uses. Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC. 16.13.133 R8 and R8-MWD zones - Lot area. Lot area is as described in Table 16.40.025, Densities and Dimensions. 16.13.134 R8 and R8-MWD zones - Lot coverage. Lot coverage is as described in Table 16.40.025, Densities and Dimensions. 16.13.135 R8 and R8-MWD zones - Yards. Ordinance No. 016-17 Page 9 of 72 Yard requirements are as described in Table 16.40.025, Densities and Dimensions. 16.13.136 R8 and R8-MWD zones - Building height. Building height is as described in Table 16.40.025, Densities and Dimensions. 16.13.137 Residential zone medium-high density single-family attached and multifamily (R12). (1) Purpose. The purpose of the medium-high density single-family attached and multifamily residential zone (R12 - up to 12.0 units/net useable acre) is to: (a) Define areas that allow medium-high density residential use - particularly in locations that are well served by the arterial circulation system and community facilities in general; (b) Implement comprehensive plan goals and policies for housing quality, diversity, and affordability; andi (c) Efficiently use residential land, public services, and energy. (2) These purposes are accomplished by: (a) Providing for a mix of single-family attached housing types including duplex or twins, patio house, atrium house, weak and strong link town or row house and multiplex attached housing products with a variety of densities and sizes in locations appropriate for medium-high urban densities. (b) Allowing only those accessory and complementary nonresidential uses that are compatible with medium-high density single-family attached and multifamily residential communities. (3) This zone is appropriate where: (a) Designated by the comprehensive plan when such areas are served at the time of development by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (b) Surrounding lands have already been developed for medium intensity single-family or multifamily housing types that abut more intensely developed residential, commercial, office, employment or other nonresidential land uses - and offer greenbelt, recreation, pedestrian, and transit services most supportive of medium-high density living arrangements. 16.13.138 R12 zone - Permitted uses. The following are permitted uses in the R12 single-family attached and multifamily residential zone: Ordinance No. 016-17 Page 10 of 72 (1) Permitted uses are those as shown on land use Tables 16.30.030 through 16.30.100. (2) Accessory buildings or structures in accordance with the provisions of POMC 16.08.006 through 16.08.012. (3) Signs in accordance with the provisions of Chapter 16.65 POMC. 16.13.139 R12 zone - Conditional uses. Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC. 16.13.140 R12 zone - Lot area. Lot area is as described in Table 16.40.025, Densities and Dimensions. 16.13.141 R12 zone - Lot coverage. Lot coverage is as described in Table 16.40.025, Densities and Dimensions. 16.13.142 R12 zone - Yards. Yard requirements are as described in Table 16.40.025, Densities and Dimensions. 16.13.143 R12 zone - Building height. Building height is as described in Table 16.40.025, Densities and Dimensions. 16.13.144 Residential zone high density single-/multiple-family attached (R20). (1) Purpose. The purpose of the residential high density single-/multiple-family attached zone (R20 - up to 20.0 units/net useable acre) is to: (a) Allow high density residential development in urban locations where public services and facilities are most available; (b) Implement comprehensive plan goals and policies for housing quality, diversity, and affordability; and (c) Efficiently use residential land, public services, and energy. (2) These purposes are accomplished by: (a) Providing for a mix of higher density single-/multiple-family attached housing products including clustered village housing types, weak and strong link townhouse and multiplex, garden apartments, and multifamily apartment buildings with a variety of densities and sizes in locations appropriate for urban densities. (b) Allowing only those accessory and complementary nonresidential uses that are compatible Ordinance No. 016-17 Page 11 of 72 with multiple-family residential communities. (3) This zone is appropriate where: (a) Designated by the comprehensive plan when such areas are served at the time of development by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (b) Surrounding lands have been developed for medium-high density residential dwellings, or commercial, business, employment, public facility or other nonresidential but higher intensity activities - and offer greenbelt, recreation, pedestrian, and transit services most supportive of higher density living arrangements. 16.13.145 R20 zone - Permitted uses. The following are permitted uses in the residential high density single-/multiple-family attached zone (R20): (1) Permitted uses are those as shown on land use Tables 16.30.030 through 16.30.100. (2) Accessory buildings or structures in accordance with the provisions of POMC 16.08.006 through 16.08.012. (3) Signs in accordance with the provisions of Chapter 16.65 POMC. 16.13.146 R20 zone - Conditional uses. Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC. 16.13.147 R20 zone - Lot area. Lot area is as described in Table 16.40.025, Densities and Dimensions. 16.13.148 R20 zone - Lot coverage. Lot coverage is as described in Table 16.40.025, Densities and Dimensions. 16.13.149 R20 zone - Yards. Yard requirements are as described in Table 16.40.025, Densities and Dimensions. 16.13.150 R20 zone - Building height. Building height is as described in Table 16.40.025, Densities and Dimensions. 16.13.151 Commercial retail and office (Co) zone. (1) Purpose. The purpose of the commercial retail and office (Co) zone is to provide for the broadest mix of retail, service, office, and commercial recreation/cultural uses serving the Port Ordinance No. 016-17 Page 12 of 72 Orchard and surrounding market areas and offering significant employment opportunities. (2) These purposes are accomplished by: (a) Providing for office uses as well as a wider range of the retail, professional, governmental, and personal services than are found in neighborhood and community business areas. (b) Encouraging planned developments that incorporate aesthetic as well as functional concerns. (3) This zone is appropriate where: (a) Designated by the comprehensive plan when such areas are served by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (b) Areas are provided convenient, visible, and safe access by vehicle, transit, bicycle, and pedestrian circulation systems located on minor and major arterial roads. 16.13.152 Co zone - Permitted uses. The following are permitted uses in the commercial retail and office (Co) zone: (1) Permitted uses are those as shown on land use Tables 16.30.030 through 16.30.100. (2) Accessory buildings or structures in accordance with the provisions of POMC 16.08.006 through 16.08.012. (3) Signs in accordance with the provisions of Chapter 16.65 POMC. 16.13.153 Co zone - Conditional uses. Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC. 16.13.154 Co zone - Lot area. Lot area is as described in Table 16.40.025, Densities and Dimensions. 16.13.155 Co zone - Lot coverage. Lot coverage is as described in Table 16.40.025, Densities and Dimensions. 16.13.156 Co zone - Yards. Yard requirements are as described in Table 16.40.025, Densities and Dimensions. 16.13.157 Co zone - Building height. Building height is as described in Table 16.40.025, Densities and Dimensions. Ordinance No. 016-17 Page 13 of 72 16.13.158 Employment industrial and office (Eo) zone. (1) Purpose. The purpose of the employment industrial and office zone (Eo) is: (a) To provide for the location and grouping of industrial and related enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing, and heavy trucking; (b) Provide land for those types of professional, research, business, service, and similar uses which are based in office structures and which require separate sites or developments from other more commercial and retail activities; and (c) Protect the land base for economic development and employment opportunities. (2) These purposes are accomplished by: (a) Allowing for a wide range of industrial and manufacturing uses including more intensive building patterns and floor area ratios. (b) Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts. (c) Limiting residential, commercial, and other uses to that necessary for the convenience of industrial or dedicated office activities. (d) Allowing for on-site convenient daily retail and personal services for employees. (3) This zone is appropriate where: (a) Land designated on the comprehensive plan is served at the time of development by adequate public sewer, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (b) This zone must be provided convenient and safe access by vehicle, transit, bicycle, and pedestrian circulation systems located on minor and major arterial roads. 16.13.159 Eo zone - Permitted uses. The following are permitted uses in the employment industrial and office zone (Eo): (1) Permitted uses are those as shown on land use Tables 16.30.030 through 16.30.100. (2) Accessory buildings or structures in accordance with the provisions of POMC 16.08.006 through 16.08.012. (3) Signs in accordance with the provisions of Chapter 16.65 POMC. Ordinance No. 016-17 Page 14 of 72 16.13.160 Eo zone - Conditional uses. Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC. 16.13.161 Eo zone - Lot area. Lot area is as described in Table 16.40.025, Densities and Dimensions. 16.13.162 Eo zone - Lot coverage. Lot coverage is as described in Table 16.40.025, Densities and Dimensions. 16.13.163 Eo zone - Yards. Yard requirements are as described in Table 16.40.025, Densities and Dimensions. 16.13.164 Eo zone - Building height. Building height is as described in Table 16.40.025, Densities and Dimensions. 16.13.165 Mixed use - Commercial, employment, and residential (Mxd) zone. (1) Purpose. The purpose of the mixed use (Mxd) zone is to: (a) Provide a permissive and alternative zoning procedure for innovative, pedestrian oriented mixed use site and building developments or physical design proposals that are capable of providing substantial value to the community over conventional zone districting; and (b) Implement comprehensive plan goals and policies for housing diversity, affordability, and to efficiently use land, public services, and energy. The mixed use district may vary the height, use, organization, design, intensity, size or other feature of the proposed development, but shall not vary from the environmental, market, community impact, infrastructure, design, and other objectives of this title and the comprehensive plan. (2) These purposes are accomplished by: (a) Providing for the broadest mix of retail, commercial, business, personal services, office, light industrial, recreational, public facilities, and residential uses in master planned site developments within the same property, building complex, and/or structure. (b) Conditionally controlling the location, design or inclusion of commercial uses with outdoor storage or auto-related activities that are not appropriate to or may adversely impact a residential use or pedestrian oriented development. (c) Conditionally controlling the location, design, or inclusion of light industrial uses with outdoor storage, traffic and parking, noise or other physical or operational characteristics that are not appropriate to or may adversely impact a residential use or pedestrian oriented development. Ordinance No. 016-17 Page 15 of 72 (d) Requiring unique consideration, disposition, control, and approval. (3) This zone may be appropriate: (a) Within the downtown and waterfront areas where designated by the comprehensive plan when such areas include historic features, access principal pedestrian walkway corridors, incorporate ground floor commercial and office uses, retain a pedestrian scale, and create a compact site and building development. (b) On large, contiguous parcels along Bay Street, Bethel Avenue, Mile Hill Drive, SR- 160/Sedgwick Road, and near SR-16 where designated by the comprehensive plan when such areas can be master planned and developed to create compact, cohesive site and building developments that integrate residential use and access to retail and employment areas in identifiable and desirable urban design concepts. (c) In areas served at the time of development by adequate public sewer, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (d) In areas that provide convenient and safe access by pedestrian, bicycle, transit, and vehicle circulation systems located on or accessible from minor and major arterial roads. 16.13.166 Mxd zone - Permitted uses. The following are permitted uses in the mixed use, commercial, employment, and residential (Mxd) zone: (1) Permitted uses are those as shown on land use Tables 16.30.030 through 16.30.100. (2) Accessory buildings or structures in accordance with the provisions of POMC 16.08.006 through 16.08.012. (3) Signs in accordance with the provisions of Chapter 16.65 POMC. 16.13.167 Mxd zone - Conditional uses. Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC. 16.13.168 Mxd zone - Lot area. Lot area is as described in Table 16.40.025, Densities and Dimensions. 16.13.169 Mxd zone - Lot coverage. Lot coverage is as described in Table 16.40.025, Densities and Dimensions. Ordinance No. 016-17 Page 16 of 72 16.13.170 Mxd zone-Yards. Yard requirements are as described in Table 16.40.025, Densities and Dimensions. 16.13.171 Mxd zone - Building height. Building height is as described in Table 16.40.025, Densities and Dimensions. 16.13.172 Community facilities (Cf) zone. (1) Purpose. The purpose of the community facilities zone is to: (a) Specifically separate and control those public, semi-public, institutional, and private properties, facilities, and services that prime and make feasible centers of urban use. It is also the purpose of this zone to coordinate these uses to the extent that they are serving to prime the same direction, magnitude, orientation, and form of urban growth and avoid waste, inefficiency, or contradiction; (b) Maximize the known efficiencies of investment, land, site or facility sharing which are possible and desirable when infrastructure is specifically allocated space within the community; (c) Resolve contradictions or disagreements that could arise between the various agencies or parties responsible for each infrastructure element and the specific public objectives for which they are accountable; (d) Identify, protect, provide for, and ensure the harmonious relationship, scale, extent, provisions, character, location, and surrounding environs of public, semipublic or commercial use of lands and structures for open space, park, and recreational activities; (e) Provide for and protect the buffer zones, access, and land use relationships which are often unique between infrastructure and other urban uses such that neither use intrudes upon the other. (2) These purposes are accomplished by: (a) Designating the public use as a specific zone subject to the comprehensive plan making process and public forums intended for this purpose; (b) Designating the public, semipublic or commercial use as a specific zone subject to the comprehensive plan making process and public forums intended for this purpose; (c) Excluding residential, commercial, office, industrial or other land uses that may cause conflicts with or be adversely affected by the principal public activities, uses or structures contained within this zone. (3) This zone is appropriate where: Ordinance No. 016-17 Page 17 of 72 (a) Designated by the comprehensive plan when the areas are served at the time of development by adequate public sewer, water supply, roads, and other needed public facilities and services as defined in the concurrency management system; (b) Provided convenient and safe access by pedestrian, bicycle, transit, and vehicle circulation systems located on or accessible from minor and major arterial roads. 16.13.173 Cf zone - Permitted uses. The following are permitted uses in the community facilities zone: (1) Permitted uses are those as shown on land use Tables 16.30.030 through 16.30.100. (2) Accessory buildings or structures in accordance with the provisions of POMC 16.08.006 through 16.08.012. (3) Signs in accordance with the provisions of Chapter 16.65 POMC. 16.13.174 Cf zone - Conditional uses. Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC. 16.13.175 Cf zone - Lot area. Lot area is as described in Table 16.40.025, Densities and Dimensions. 16.13.176 Cf zone - Lot coverage. Lot coverage is as described in Table 16.40.025, Densities and Dimensions. 16.13.177 Cf zone - Yards. Yard requirements are as described in Table 16.40.025, Densities and Dimensions. 16.13.178 Cf zone - Building height. Building height is as described in Table 16.40.025, Densities and Dimensions. 16.13.179 Planned residential developments (-PRD). (1) Purpose. The purpose of planned residential development (PRD) is to: (a) Provide for site design flexibility and thus permit more creative and imaginative projects, or innovative projects that are otherwise beneficial to the community, than generally possible under conventional zoning regulations; Ordinance No. 016-17 Page 18 of 72 (b) Preserve unique or sensitive physical features, such as steep slopes, views, retention of natural vegetation and to provide more open space and recreational amenities than would be available under conventional land development practices; and (c) To promote more economical and efficient use of land and a unified design concept for residential development or mixed use/residential development. (2) Allowable Districts. PRD, denoted by (-prd) after the zone's map symbol, may be permitted in the following zoning districts consistent with the development and design standards of this zoning code: greenbelt, residential 4.5,8,8-MWD, 12, and 20, and mixed use. However, no dwelling units may be transferred to a less intensive zone. 16.13.180 PRD - Permitted uses. (1) Single-family detached dwellings in the Gb, R4.5, R8, R12, and Mxd zones; (2) Single-family attached and multifamily dwellings in the R12, R20, and Mxd zones; and (3) All permitted uses as of right in the underlying zones including accessory uses and uses that may be allowed by conditional use permits or special use permits, subject to the requirements in that section of the code. 16.13.181 PRD - Minimum lot area. Parcels proposed for the PRD designation must meet minimum lot requirements as follows: Greenbelt Two acres Residential 4.5,8,8-MWD, 12, and 20 One acre Mixed use One-half acre 16.13.182 PRD - Platting requirements. When any parcel of land within a PRD is intended for sale or individual ownership, the platting requirements of the Port Orchard subdivision ordinance and applicable state laws pertaining to subdivisions shall be followed. Applications for plat approval must be submitted and processed concurrently with the application for planned residential development approval. Ordinance No. 016-17 Page 19 of 72 16.13.183 PRD - Criteria for approval. (1) Planned residential developments may be proposed by the applicant to permit a residential development which otherwise could not be granted. Such a development must meet strict conditions and be a benefit to the surrounding neighborhood and community at large. (2) The applicant must specifically demonstrate why the PRD is needed by addressing the following criteria in the application: (a) Project will benefit the community more than if the project complied with the underlying zone standards, guidelines, and policies; (b) All proposed residential and other land uses are presented through detailed site plans, lot layouts, and building elevations; (c) Project will preserve unique or sensitive physical features such as steep slopes and views, and retain natural vegetation; (d) Project will provide more open space and recreational amenities than would be available under conventional land development practices; (e) Project uses creative design techniques to promote an uncluttered appearance such as a variety of lot sizes, parking at the rear of sites and the provision of alleys; (f) Demonstrate the project benefit to the surrounding neighborhood and community at large; (g) Specify the phasing of the development; and (h) Provide public facility sites or improvements, such as road improvements, utilities, parks, or open space. 16.13.184 Business professional I and II (BP-I and BP-II) zones. (1) Purpose. The purpose of the business professional (BP-I and BP-II) zones differs from general commercial designations in that business professional limits the amount, size and type of retail uses. This designation is intended to support major employment centers such as Harrison Hospital and surrounding hospital/medical district and the Kitsap County administration campus, while serving as a transition with adjacent residential neighborhoods. (2) These purposes are accomplished by: (a) Providing for office uses as well as a wider range of the retail, professional, governmental, and personal services than are found in neighborhood and community business areas. Ordinance No. 016-17 Page 20 of 72 (b) Encouraging planned developments that incorporate aesthetic as well as functional concerns. (3) These zones are appropriate where: (a) Designated by the comprehensive plan when such areas are served by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (b) Areas are provided convenient, visible, and safe access by vehicle, transit, bicycle, and pedestrian circulation systems located on minor and major arterial roads. (c) Appropriate where traffic management is required. 16.13.185 BP-I and BP-II zones - Permitted uses. The following are permitted uses in the business professional retail and office (BP-I and BP-II) zones: (1) Permitted uses are those as shown on land use Tables 16.30.030 through 16.30.100. (2) Accessory buildings or structures in accordance with the provisions of POMC 16.08.006 through 16.08.012. (3) Signs in accordance with the provisions of Chapter 16.65 POMC. 16.13.186 BP-I and BP-II zones - Conditional uses. Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC. 16.13.187 BP-I and BP-II zones - Lot area. Lot area is as described in Table 16.40.025, Densities and Dimensions. 16.13.188 BP-I and BP-II zones - Lot coverage. Lot coverage is as described in Table 16.40.025, Densities and Dimensions. 16.13.189 BP-I and BP-II zones-Yards. Yard requirements are as described in Table 16.40.025, Densities and Dimensions. 16.13.190 BP-I and BP-II zones - Building height. Building height is as described in Table 16.40.025, Densities and Dimensions. Ordinance No. 016-17 Page 21 of 72 SECTION 3. Chapter 16.30 POMC is hereby amended to read as follows; all other provisions of this chapter shall remain unchanged and in full force and effect (new text in underline, deleted text in strikeout): Chapter 16.30 GENERAL LAND USE REQUIREMENTS - TABLES Sections: 16.30.010 Establishment of uses. 16.30.020 Interpretation of land use tables. 16.30.030 Table 16.30.030 - Government/ business services land uses. 16.30.040 Table 16.30.040 - General services land uses. 16.30.050 Table 16.30.050 - Manufacturing land uses. 16.30.060 Table 16.30.060 - Recreational/cultural land uses. 16.30.070 Table 16.30.070 - Regional land uses. 16.30.080 Table 16.30.080 - Residential land uses. 16.30.090 Table 16.30.090 - Resource land uses. 16.30.100 Table 16.30.100 - Retail land uses. 16.30.010 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. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding 60 days. A use which will operate for less than 60 days is considered a temporary use, and subject to the requirements of this title. All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area. 16.30.020 Interpretation of land use tables. The land use tables in this chapter determine whether a specific use is allowed in a zone district. The zone district is located on the column and the specific use is located on the row of these tables. (1) If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for certain temporary uses. Ordinance No. 016-17 Page 22 of 72 (2) If the letter "P" appears in the box at the intersection of the column and the row, the use is allowed in that district subject to the review procedures and general requirements specified in this title. (3) If the letter "C" appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use review procedures and general requirements specified in this title. (4) If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of this title, and the specific conditions indicated in the development condition with the corresponding number immediately following the land use table. (5) If more than one letter-number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitations or conditions depending on the review process indicated by the letter, the general requirements of this title, and the specific conditions indicated in the development condition with the corresponding number immediately following the table. (6) All applicable requirements shall govern a use whether or not they are cross-referenced in a section. 16.30.030 Table 16.30.030 - Government/business services land uses.* IDU3 CO nNJ NJ NJ*~U****NJ N)II-1^II O ~aoS' Z! S: 3 oT •< QJ "O QJ QTQ Ca. § 2: ° ?0 ^ 1 ! 0) CO n QJ QJ "O O QJ "D"D fD =3 ^ CL 3 3.' O -■ DV 3- g i: <‘ 0 o' c 111: O o' 2.oQ.c o-c 3D+o'fD fD O 5' 3 3 fD -<-<fD ■<-<■< C o'CDcn3 CLQJO3o'<fD CD -u 3 crn GreenbeltNJ3fD DO3 ■D n Residential - Mobile Home ParkCON)IfD 3 DOO' "O fDn Residential-4.5 Units/AcreNJcn10 DO-o n 00 Residential - 8.0 Units/AcreN) DO 00 Residential - 8.0 Units/Acre$1"O inNJ a MWD 50 i-i"O NJn Residential - 12.0 Units/AcreNJ 20 “O NJn Residential - 20.0 Units/AcreNJO no-o n o Commercial Retail and OfficeNJ CP "O “D Business Professional I“O “ONJ CD O"D “D Business Professional II~u "DNJ CL 3Q. CL)Mixed UsesnnXNJ D "p s QJ ^ 00 7fD mo Employment Industrial and Dffirp_______________________ n"O ■D -o -u O NJ CO OnI-'Q CTlCommunity Facilities■o -o ■o TD-o -o TD ■o i *^1 I—1 NJ nh*NJ***Ln liH*I II n§ ? 11=r $qj zr ST £■ 3 5 j< O QJ q- o nS 3 o I Iin co 3 <TO g=n a)n> o =s _2 c o_ £— □. n in fD fD CL5. =*Q_ QJ ^n> " ft Q. 3 Q- O QJ -i fD jr- 3 fDK CL =r 3 —■u 3o'o fD T3 tn OQ_<fD fD 33 O fDCoc3Q.03 CDCTQ3 a>Q.n 03ccfD0) 3 ofDD"i/i Greenbelt CO fD 50 Residential - Mobile Home Parko'xfD m DO 4^ Residential-4.5 Units/AcreLn DO 00 Residential - 8.0 Units/Acre IS DO 00 Residential - 8.0 Units/Acre£i lo MWD DO n M Residential - 12.0 Units/AcreLn DO n nj Residential - 20.0 Units/AcreoLn noo-onr>Commercial Retail and Office4^LO 00 -o Business Professional I 00 o~D "O "O ~o Business Professional IIu>COCO Q_ 3Q_ "D QJMixed UsesnxCO 3 “O O qj fD 0Q 2 * O mo Employment Industrial and Offirp_______________________ “O “O "O~D TJ NJ • 4^ On ° 9 NJ ^ Community Facilities -t*-P^ n■P* ■F*NJ NJ*-D-Pi NJ NJ II IINJl-i O § ? i I <f> -o q. q < K 3 “ S fD o 42 03 3 ^ nTO ° a &2 op on qj CD r-t-i. 1' §n 3 w? S3. O q -o -no 3 2, g a* 3 § «■ §■ 3 « 8 » 3 « T3 -nOQ g 5 QJ fD £- 3 I S rl O 3 s00 00 oT3fDfDfD fDO33 q Q.sd_3 fD q.S£. cr Greenbelt 30 Residential - Mobile Home Parkx 30 -Pi Residential-4.5 Units/Acrecn 30 00 Residential - 8.0 Units/Acre 30 00 Residential - 8.0 Units/Acre§I o MWD 30 NJ Residential -12.0 Units/Acre 30 NJ Residential - 20.0 Units/Acreo no■o T>Commercial Retail and Officeu>00 00 -o Business Professional I 00 O~V ~u Business Professional IIUJ Q_ OLTD"D QJMixed UsesX00U)3 -o Q QJ PD TO 2 fD g- NJ • cn O 2.S h—i NJ ^ m O Employment Industrial and Dffirp____________________ -o■o -o -u00 n -o Community Facilities00 -"sj'Vj*vj nUU■C*Ln Ln UJ “O* *00l-i IIUiNJh->IINJ ni s 11 ro “ » > QJ ^ C in Q- fD —• 3 O r+ 3Si. o >(1) o ? -3 C _.fD c m in TO CD Q a) -a o cj _ O" CD ^ C fD < S'!. 3 o' 3 CDs s sin in O nDJ CL 4?ocinC o<CD 3o'o 3 o fD CL%■ 3 O S E S o 8 3 3fD“D3 CDi—h3 o' «/> ro £oSL 3TO ST fDcO3O'fD CD CL3Cf.cr.3 33 3 O'<<fD CD ex Greenbelt XI 2 Residential - Mobile Home Parkx x Residential-4.5 Units/AcreLn XI 00 Residential - 8.0 Units/Acre x00 Residential -8.0 Units/Acre£I a MWD xI—1 NJn Residential -12.0 Units/Acre xNJn Residential - 20.0 Units/Acreo nox“U “O-Q O T3 "O Commercial Retail and Office(JU OJ 03"O “O“O Business Professional In-o I—i U)O oo OxXXXBusiness Professional IInxuoLU CLoCL3 “U OJMixed Usesn-o “O XUJ 3 “o 0 ju fD era ^« o NJ * CTt O mO Employment Industrial and Dffirp_______________________ “O “U "O "U “O “O “O D MOCommunity Facilities"D I I—* NJ 2 o 00 n<£>***"OCD4^IIU)II n8 ? I I- r+3 f? Si -o o u cf 3 ~02 o !? C QJ £U QJ (~) in O fD O (D X _ ft) Q- 73 3 fC fD& < £ fD fD zr Q) X fDCD -g fl) -O fDOTOfD_T3Oin1:C QJ35‘ 3 O)fD 0)in Q.<■a 5' g era g_S -i 73 ■<=r 3 ^</>Ln 3 » 3 0)o o3zoa.3 fD•a 3■a o'c fD Q.CD 3"3 era 0)o 33.33O7T _Q aC CT Greenbeltn>3 fD DO3 in Residential - Mobile Home Parkx r+ DOin Residential-4.5 Units/Acre3Ln » DOo00 Residential - 8.0 Units/AcreO DOzr00 Residential - 8.0 Units/AcreCD£ 'ID oT3 MWD1: s DO h-»z NJ Residential -12.0 Units/Acre0> r+QJ 03 NJO Residential - 20.0 Units/Acreo f? nD_ TJ O“O "DO Commercial Retail and Officecr>u>SL 03 -Q "O Business Professional IE. 3 3 oo O"O "O "O Business Professional II0)I-* 3 CLNJO y>Q.T>-o ■O O)Mixed UsesoCD cx>X(JO 3 S£:“U Q qj fo 00 7fu g- NJ * O mO Employment Industrial and Dffirp_______________________ 0Q "Oon“O “O “O UJ <5 nID Q O)-o Community Facilities5-o -o IvjV—1 NJ *vl fD Ordinance No. 016-17 Page 28 of 72 located within the Port Orchard incorporated area in addition to those described in the notes following. 1. Only SIC industry numbers 8732 and 8734 - Commercial economic, sociological and education research. 2. Subject to conditional approval when the tower or antenna support will exceed the height limits of the underlying zone. 3. Limited to office use, no staging or overnight parking of vehicles or equipment. 4. Limited to SIC industry number 4215 - Courier services, except by air. 5. Accessory to a multifamily development of at least 12 units provided: a. The gross floor area in the self-service storage shall not exceed the total gross floor area of the multifamily dwellings. b. All outdoor lights shall be deflected, shaded, and focused downward away from all adjoining property. c. The use of the facility shall be limited to the occupant's household goods. d. No servicing or repair of motor vehicles, boats, trailers, lawn mowers or similar equipment. e. No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals. f. No residential occupancy of the storage units. g. No business activity other than rental of storage units by occupants. h. A resident shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval. 6. Storage limited to accessory storage of commodities sold at retail on the premises or materials used in the fabrication of commodities sold on the premises. 7. Limited to emergency medical evacuation sites in conjunction with police, fire, health or public service facility. 8. Subject to conditional approval when additional parking is required. Ordinance No. 016-17 Page 29 of 72 9. A conditional use permit is required if proposed within the downtown overlay district, or if a parking structure is proposed. ; 10. Permitted uses within SIC code are subject to provisions identified below: a. SIC codes 7311 through 7313, 7319, 7323, 7336, 7338, 7371 through 7376, and 7379 are permitted uses, limited to office, desktop design, and desktop graphic work. All other activities must be off site. No on-site retail sales. b. SIC codes 7322, 7363 and 7383 are limited to office activities only. ■ 11. Allowed only as an accessory use to a principal use or a permitted conditional use. i 12. Limited to nondestructive testing. * Code reviser's note: This table has been editorially amended to delete uses that should have been deleted with the amendments of Ord. 027-16, per the city's intent. 16.30.040 Table 16.30.040 - General services land uses. OlPP.yp01PIOluu TS U tfc<<E u u £ O<< < toO££T3X£ £ £ .275£c c COco±5COc .2£ £3 c £m=3X .2 .2P = Permitted C = Conditional .a_Q o o Do r=o i/io CO to “O+-»Orsj uto2Olc0000 rH PM O)CD 03CCUL. o oTo c >■1075To 01 aOlO. ■—.2 Q..2 .2 u±L in E+=c•M4-»Ol m mio Xc c c £ ££O)3mSi>CD CD01 Ol CD CD01 01 E EoT3£X .E2 2 S £T3 5 5 010)E EQ.£'5'55 ><Ol ioCO10mmm Eo3 OCD01 01 01 CD 3CD219 O0£ 00OC0CCC.CC CC 00 UJ R8-Mx Gb CfRMHR12 R20 Co BP IR4.5 R8 BP II Eo dMWD Personal Services General personal services P P7 P C 72 "J ■vj ^1-vl ^1CT1CT1 NJ NJ NJUlOn****NJ CTl I-*U)00 cn1X500 n "O>> < fD q 2 nS ° 22 3" -nO c QJ 3 C Q_ 3 c O OfDfDftfDccQJ IIftft 1 s T3 O) QJ 3. 33 n■<3c.c "DfDOo(Dn Oa3 2 a.in ftfD fDfDfD_3.3 QJ33 3 3OfDfDQJ33crn3. fD QJ 57 57 Q.fD 3qOOQJfDQJQJQ> -3i Ed\cr.333C■2 fD ft3?<<fDfD O'O3332.cfDfDOOo fD3aCfQ3fDQ)Q.Cc QJ in QJT3q(Doo 3infD OO 57T3ft2oQJ3 3 n E/TfDft "O Greenbeltcr DO ■u Residential - Mobile HomeonI DO-o 4^n Residential -4.5 Units/Acreonon DO■o n oo Residential - 8.0 Units/AcreUl DO 00 Residential - 8.0 Units/Acre$■TO inon a MWD DO-a i-»n Residential -12.0 Units/AcreonNJ DO"O NJn Residential - 20.0 Units/Acreono n"O o"Oo O'* _pN>r>“O “D ~o “O Commercial Retail and Office 00no-o Business Professional Ion Q00nonocLCD ^Business Professional II 3 QJCL3nnn~U "O Mixed UsesX n“O CDQJ m qp z“D O Employment Industrial and“O 4^O“U “O "O “D “U “O TJ U) • O OCD Q O"O CD”DnCD 4^"O “D “O Community Facilities iU) NJ oo oooo0000o o ooooo*** * 00 h*U)■vj CD CT1<!d n -DmXS’ ^ Zcn O cn CO3"3 m X 7*IICfDCLroofDfDfD fDO II3?CfDG.QJa:fD 3 ■DCoG.a>QJ 35 3 nl/>353 n‘D“o_~uoqjno“S’■g 3 OQ_QJ5' o ^s 3 TO 3-’rDQJ2.3 CD(D rD3"fD3"O 3d\cP o- 35 d Q_3 QJ l/>IQJSTCO“Oo rDQJo fDrDQJ3QJQJ3C^3 CL o Cf.fD 33 ^ 9 § o£ncofDQ)o'O CL fD 3 fDQQJo'fD 3 2.Q.C 3 fD QJqTfDininCL3“in fD3"o'0.300oT00fD003"33"in O'O' CDn n Greenbeltcr DO Residential - Mobile Home x DO n n Residential-4.5 Units/Acrecn DO oon n Residential - 8.0 Units/Acre IS DO 00 Residential -8.0 Units/AcreIilo in o MWD DO n n Residential - 12.0 Units/AcreNJ DO NJn n n n Residential - 20.0 Units/Acreo no“On“O "O “O “O Commercial Retail and OfficeNJ CD "O-o “O “D Business Professional I~o ~o OCD "O Q_Business Professional II"O "O ~o "O “O 3 QJQ_S 3-D Mixed Uses“O “D "O “O X nNJ“U rDQJ CTQ 2mOrDEmployment Industrial and oo"O"O CO •l-> onQCD■on~a ■o ■o ■o -o ■o Community Facilities iNJh-k NJ Ordinance No. 016-17 Page 32 of 72 (Uns(U roc .2cc33"toc c333 3 .2 .2P = Permitted C = Conditional .±3Oo3roOo(/)l/>(/)*0 o T3 "Go<N </)£QJ0000 0)CN (D (00cU_I I I I I I o p c >CO.2roro <u 4->■X2 QJ a>aj 0)cu cu ai cu E E°TJCQc.E255 2 2 ■a a>a*£E Q.£"55lo *CU cocococo coco £oo<u 2auocCtLC£ 0C oc qc m oo UJ R8-Mx CfGbEoRMHR4.5 R8 R12 R20 Co BP I BP II dIMWD school *Vocational school C PCccc Specialized instruction school P8, PC C C C C P P *10 School district support facility CCccP9PC C * 8221- C College/university2 Note: All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1. Except SIC industry group number 7534 - Tire retreading; see manufacturing table, POMC 16.30.050. 2. Except SIC industry group number 835 - Daycare and 836 - Residential care; see residential land use table, POMC 16.30.080. 3. Only as an accessory to a cemetery. 4. No burning of refuse or dead animals is allowed. 5. If less than or equal to six children, the use is permitted. Otherwise a conditional use permit is required. 6. No kennel operations allowed. Ordinance No. 016-17 Page 33 of 72 7. Only the following are permitted: a. SIC 7221, 7231, 7241 except cosmetology schools; b. Babysitting bureaus (office use only); c. Blood pressure testing, coin operated; d. Debt counseling or adjustment services; e. Diet workshops; f. Genealogical investigation services; g. Scalp treatment facility; h. Quilting for individuals. 8. Limited to 6,000 sq. ft. 9. Administrative support only, no student instruction. 10. Indoor education or training only, no training equipment to be located outside. 16.30.050 Table 16.30.050 - Manufacturing land uses.* Ordinance No. 016-17 Page 34 of 72 010101 .2bbCD0101 T3O)b b b it<<E c<<O<03o££x ■a£ £ £CDccc•z infO_QJ (13Cec .2Xtncc5X3X.2 .2P = Permitted oq Z303Ooo|CO to CO CO -aLD u+JO<N2od I cCL)00 (N O)CU 03C = Conditional a:LL.I I I P P c >■in.2ro o>(D ±:.2 .2 ro .2 ro CL Q_+£o in E+=+3 c(D in in in in Xcc c cc 01 zs>•-Q 01 01 01 01 01 0101 01 E EO■OcoT3Cc222 2 "D 0101E EQ.£'In 'to’in *01 in m inin E0)01 01 01 o o O)01 Z3 32 5CDcc0c cc cc cc u u 00 00 CQ UJ R4.R8-BP BP Mx Gb CfRMHR8R12R20CoEo d5MWDIII Food processing and kindred products P2, P2 Cl Cl P2 20 4 ,4 *Marijuana processing P 2082/5 Winery/brewery C C C PC Textile mill products22 C Apparel and other textile products C PC 23 Wood products except furniture C3 PC3 24 Furniture and fixtures25 P4 P4 P Paper and allied products C 26 Printing and publishing P C C C C C P P5 P P 27 5 Chemicals and allied products C 28 Petroleum refining and related products C 29 Ordinance No. 016-17 Page 35 of 72 01Pcuu0101 01 T3CUuuobbit<<E c< < O<roo££x ■o£ £ £_ro roccc I/)ro isajroc c C .Si33Ccto533=5 .2 .2P = Permitted C = Conditional £o o 3roOooto to to to T3 ooCM_c0)00 00 tH (N o 01 recdLi.I I I I PP c >•toro<v cu.5 O-CLro.2 .2 .2 .2 P±:to E c+j 4->4-1 4-> 4->01 to tototo 3ccccccOJ 3-Q >•QJ CUCUCU0)CU cu 01 E Eo-acQ.£C2 2 2 2 2 cu0)E £Q.$'5!.25cutototototototo Eo O010)CD CU 3 3a>a;2 2CD Ucd cd Cd cd cd cd u □o co LU R8-R4.BP BP Mx Gb CfRMHR8R12R20CoEo d5MWDII Rubber and miscellaneous plastics C 30 Leather and leather goods P4 P4 C 31 Stone, clay, glass and concrete products P4 P4 P 32 Primary metal industries C 33 Fabricated metal products P P 34 Industrial and commercial machinery P 35 Heavy machinery and equipment P 351-56 Computer and office equipment C C P 357 Electronic and other electric equipment C C P 36 Railroad equipment374 C Ordinance No. 016-17 Page 36 of 72 01Ol01 u .yb0101O)TJ0)b b b st<<£c<O< <roO£X TJ£.2 roccc ro ±50)roccC .23ccc/l533.2 .2P = Permitted ,-yqo3roOoCO to CO too “OLO uorsj2c0)00 00 <NtH (D <D fOC = Conditional Q£LLIPPCto.2 cuCD ±LroCL.2 ro .21 .2 ro Q-+i u CO E*43 cCDto CO CO to =3cccccc0)3>•-Q 01 0)OJ 0)01010)cu ££oT3CQ.£c.T3 5 2 T3 2 01aj£Q.£§•5;'5 2£O)10to to1nto to Ecu0) 0)o 3 3 o01OJ OJ2<4>00 00 00 00 00 00 0 CQ 00 uLU R4.R8-BP BP Mx Gb CfR8RMHR12R20 Co Eo d5MWDI Guided missile and space vehicle parts P 376 Miscellaneous transportation vehicles P 379 Measuring and controlling instruments PPP 38 Miscellaneous light manufacturing C4 PC4 39 Motor vehicle and bicycle manufacturing PC4C4* Aircraft, ship and boat building C4 C4 P* Tire retreading7534 C Movie production/distribution C C C6 C P 781-82 6 Note: All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. Ordinance No. 016-17 Page 37 of 72 1. Limited to agricultural products grown on site, provided structures and areas used for processing shall maintain a minimum distance of 75 feet from property lines adjoining residential zones. 2. Except slaughterhouses. 3. Limited to uses found in SIC industry groups 2434 - Wood kitchen cabinets and 2431 - Millwork (excluding planing mills). 4. Permitted if within enclosed buildings and as an accessory use to retail sales. 5. Permitted uses within SIC codes are subject to provisions listed below: a. Limited to office activities only. No on-site commercial printing permitted. 6. Permitted uses within SIC code are subject to provisions listed below: a. SIC code 7819 is limited to office use only. b. SIC codes 7812, 7822,7829, 7832, 7833 and 7841 are not permitted uses. Other SIC codes under the 78 general category, if not specifically identified in 6a above, are not permitted uses. * Code reviser's note: This table has been editorially amended to restore uses that were inadvertently omitted from Ord. 027-16, per the city's intent. 16.30.060 Table 16.30.060 - Recreational/cultural land uses. UJ 00 NJ 00UD **** **UD UJ UJNJ O "O II II< 73QJ n2■a -u a “U3>n>n"Oro3ztrD3QJ QJa>"Da>01OQJ QJ o33"id rD n 3s I rD<c 12.5-Q.3OnQJQJ_CO a- 3E d c rDCO "C[D_3c a> a)a>COrDrD era QJOQJQJrD3i=r.3"EQJ33\T33 oo' CP oo3Q_ro QJ OQ_3 rD QJ Q_ cQJm3fD335"^03.3 3OQJ3cr3.ro<Q_C norp01QJmn>3 CD Oon5"croin"O Greenbelt3-UJ 3QJ 3 30 n3 2 Residential - Mobile Homen■oNJfD 3 30 -fc-n-o Residential-4.5 Units/AcreLn 30 00r>Residential - 8.0 Units/Acre■D 12 30 00 Residential - 8.0 Units/Acre$i lol"o o MWD 30 l-»o Residential -12.0 Units/Acre-D NJ O 30Cl"O NJ Residential - 20.0 Units/Acre nTl-o onn n T3 -o Commercial Retail and OfficeUJUJ 00 -on-U Business Professional I 00 O"On~u Business Professional II o. 2 QJ"O "On n Xn n “O Mixed Uses 3UJ UJ Q.O“O roQJmora zoEmployment Industrial and nffiro_______________________________ (D on-o ~u UJ • 00 oI—‘on cnn-d -o ■u In nr>n■o -o Community Facilities M NJ ^ UJ UJ NJ h-> 00 00 Nl Nl4^N>#i£>** * UD**LOM <£>(ju O "O ild? I LO3 w o“ § o >sr g >G. 3 g- 5 S ~ >QJ 3 0 o COX.CPn n3 3 33 O32. 2. CX "D3CSZoo$3 CDQJin003“?t C 33 —i 3Q.CD fD Q_in fD 3 src CL3.c*.ininfD fDC 3fD3.E3QJ3G.in 0033G.QJinin <00 o33ocfD3+3 3 fP3Q_3 fDO"3 ■<00 CL3QJ3fD300300fDfD fD O cr Greenbelt 33 -a•o Residential - Mobile HomecncnX 33 33 33 Residential - 4.5 Units/AcreunLnun :x>"D "O 00 Residential - 8.0 Units/Acrecncn 33 00 Residential - 8.0 Units/AcreIi“O “U Ln Ln O MWD 73-Q “U Residential -12.0 Units/Acrecn cn NJ O DOcn 33 cn -a D NJ Residential - 20.0 Units/Acre oon33-o "O -o Tl Commercial Retail and Office CP -on n Business Professional I 00 O-on n Business Professional II 3. 2 QJ“O "D ■a Xo Mixed Uses 3CLO“O mQJmqp zOEmployment Industrial and nffiro_______________________ fDr>on nr>n 33U)CJJ ID oI-*on cn3333In n 33 33~U 33 Community Facilities "si l-k NJ ^ 4^ Ordinance No. 016-17 Page 40 of 72 <uP.2pa)O)■o0)u ubb it<<E o cO<<<<0o£ro-oX£££75cc •c coro3>roc .2cC=J «c c3333O.2—P = Permitted C = Conditional o o 3roo ooCOqio CO -oO<N co2 £0)*=t 00 00 fsl (U at roccu.I I I P Pro c >coro atCL)aCLCL..2 .2 ■2 •2 •2 o±L co £+3 C4->0)IO co CO co 3ccccc c 3ai-Q >a>0)0)at 0)a>ai a)£O 01 £a .9 £ ■acQc2c5S3T3T3<U0)£$’15 •5i"io'io .acuioCO CO CO £ * LU C O OCDCL)0)30) 0)CD 35 2 0£u ucc cc cc cc CO COcc R2R8- Gb CfBP II MxdRMHR4.5 R8 R12 Co BP I Eo 0IMWD Arboretum842 CCC P C PP Conference C P P C P *center Church, synagogue, temple C C C C C CCCP P P 866 Note: All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1. Lighting for structures and fields shall be shielded and directed away from residential areas. 2. Recreational vehicle parks are subject to the following conditions and limitations: a. The maximum length of stay of any unit shall not exceed 180 days unless otherwise stipulated; and b. The minimum distance between recreational vehicle pads shall be not less than 10 feet; and c. Sewage shall be disposed in a system approved by the Kitsap County health department. 3. Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers, public parks, community centers, public libraries or churches that conduct religious or educational classes for minors. Ordinance No. 016-17 Page 41 of 72 4. Lighting shall be shielded and directed away from residential areas. 5. Only as an accessory to an historic site or building. 6. Only of a limited outdoor nature such as an interpretive assembly or amphitheater. 16.30.070 Table 16.30.070 - Regional land uses.* ** * **** * o “U s’ s s9: 3 £7+ 3 O•< 3 ^ Elf=: rr+ -r•< 3 c S 1 f =f IP 5- s: ft> “O £ 3 c Sf ^ “ 5 l=t 7T IIm iiQJ30qj nQ.ro3 "OD"O3TOfD0)n>3"3"rt-'3+D ^9: 3nnOo3QJ3•<<Ln <L ro_c 3Q_TO QJ QJ:zr.n3 QJQJET ro 9: S S' -< § E =T n fDOOo fD O5 fto3o'CDfD 3 fDQJ2.CD(/)CLroQJ3fD3OO'o ■<n Q.<3 O.c:o infD inOn n GreenbeltO" DO n n n Residential - Mobile Home Park DO n n n Residential -4.5 Units/Acre(_n DO 00n n o Residential - 8.0 Units/Acre IS DO 00 Residential - 8,0 Units/AcreIinininoMWD DO n n n l->Residential -12.0 Units/AcreNJ O DOn n n NJ Residential - 20.0 Units/Acre nonn n Commercial Retail and Office 03 TD Business Professional I 03 o-o a.Business Professional II 3 QJCL3n n n Mixed UsesX "o 55 qj 03 era 2fD g- 43* • NJ O mO Employment Industrial and n n n n n Office o CD n in n n n n n n n NJCommunity Facilities * ****** **** r>“U =2. H >m 5 £S’ 3 9: ff 3+ —■ m 3(D0)n QJs- 3n> 3 3 3I ft nQJO^QJ8 J? < era fl) *< IT C3 3 s » I I T3Q_D 53OQ_ 3Q_Q_OO £■ r-t «“► LO2.c o zi?c 3 §ro $ 3 a.*<3n3 fDera i si i “ —%S2 ° < fD ~oD“T5 CT O' SL 3 $ 3 o 3"3 QJ3?C QJ C tq_OQJ i—t*£L<LCOto rosr ?3roQJ■< cr o.CLcr QJT3QJG.QJ3QJ Q.QJ o oQJin3inroft33roro3VO.era■<i CD Greenbeltcr 33 S Residential - Mobile Home Parki 33 4^Residential -4.5 Units/Acrecn 30 oo Residential - 8.0 Units/Acre IS 33 00 Residential - 8.0 Units/AcreII o MWD 33 I—1 Residential -12.0 Units/AcreNJ O 33NJ Residential - 20.0 Units/Acre non33n Commercial Retail and OfficeNJ 03 "O Business Professional I 03 O33a.Business Professional II 3 QJQ_Sn33 3nMixed UsesXNJ -U O oj ft> era 7 m o mO Employment Industrial and Office -on n o n o 33 JN •UJ U) oI—1oCDnin n n n 33 n 33 33 NJ 33 n33 O t—^ NJ -vjCommunity Facilities Ordinance No. 016-17 Page 44 of 72 TO OJ.SiccP = Permitted 15 3 3 3 .2 .2 ±cqoZ3roOooto tototo P u(N O 01 cC = Conditional 00 00 tH (N 0)0)roocLLIIIII+->O P c >coTO ro CD01 .tc.5 ■2 CLroro ro Q.±c V co Epp•p ■p c01to to toto 3cccc c c QJ 3-Q >OJOJ010)OJ OJ OJCDE EO O) Q. .2 E St m O pcQc£ZP2p5p5 0)O)£E5•55’55 "55 .*OJ to to CO co O0)O)OJ OJ OJ OJ O 33 OC OC OC OC OC OC U 00 uCO R8-R2 Mx Gb CfRMHR4.5 R8 R12 Co BP IIBP I Eo d0MWD Racetrack7948 C *Fairground C Zoo/wildlife exhibit C Cl 8422 1 Note: All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1. Except arboretum; see recreational/cultural land use table, POMC 16.30.060. 2. Limited to drop box facilities. 3. All processing and storage of material shall be within enclosed buildings and excluding yard waste processing. 4. Bus storage only. * This table has been editorially amended to restore uses that were inadvertently omitted from Ord. 027-16, per the city's intent. 16.30.080 Table 16.30.080 - Residential land uses.* ** * *** **n “O ii ii noT fD o3 'a n2. 2. 73 QJ l/l 5£QJ Q_ I/)» 5'5J qq_ 3- ? fD -h I TD 2 2 ■aCDOto to fD r+oQJo3 fD -i Ocr c $3 33fDto*n c £U QTQ 3 S’o EQ.QJ O in 13 O'CLOl/)fDD+C o3fDfDfD E3"m ElT-<fD -a EA,fD 3fD cr fDcQ.Q.oI3cr.3 O QJ QJO3"DO3 3 <PQ.CTOcr.3 3n oj QJ ofDD+Q.QJMc3DO-<■< fDn -< -< 3CL3fDD+fD 3 in Oncr■o GreenbeltfD to 50 2-o Residential - Mobile Home Park DO £=■n -a Residential-4.5 Units/AcreCn DO 00n■o TJ ■o Residential-8.0 Units/Acre 12 DO 00 Residential-8.0 Units/Acre$i in |-o |TD lx>a MWD DO l-tn Residential - 12.0 Units/AcreTJ-o -D ■D NJ DO NJ■o Onn Residential - 20.0 Units/AcreTDTD-D cn non nn Commercial Retail and Office 00 -on-u Business Professional I 00 O~un-u Business Professional II Q_ 3 5 QJ 3n nn “O “O X Mixed Uses oCL■o fDQJ m m -z.o fDEmployment Industrial and on ■&> •cn oi-»n Q cnnn n n Community Facilities i NJ 'vl -J o***** **n -ai->II ii I O > $ r>8 3^p xcr oo x ■a x x o3 -oo>ofDnO OO CL O OC S B rt It o a>0)fDfD fD o oo nQ_33 3■O —. Q-n3 2.co oS’c05 3 Q.3o£D fDOT3 fDfDfD Ec■o to to fD3 inin05TO o-'3 QJ 3053O)o ininQ.OOfD5'TO Oin33o'cr.3 fDOOQJ3Ca.<053■<fD_< 3ID ad+inOfD CDa.-o in■aoqs.cr"D I-1 Greenbelt00o3 TO >0 -an -a Residential - Mobile Home Park00 x do"D -o-u ■onT)Residential -4.5 Units/Acrei—*I—i00 woo on do"D -D■D ■a 00o Residential - 8.0 Units/Acre-a i-ioo 00oo 2 ZB 00 Residential - 8.0 Units/AcreI'D I noTO -Din|-o i-1 i-»00 oo ooo MWD DO“U -o -o -ao Residential -12.0 Units/Acreno■ooo 0Oi—*NJ DO-o -o ho i—* ■£* O ' l—4 -f^° In no o Residential - 20.0 Units/Acren-ooo on o■Q o-o 00 Commercial Retail and Office-a I—1 CD“O“O "U “O~U LO Business Professional In“D00 o o <£> CD“O Q~u ~D~D UJ Business Professional IIn“D I—4 !—k00 CLOO<£> 3 QJ"O“DO"O OJ 3XMixed Uses”D-o "O l-k00h-k nQ_o ~oCO fDQJ m op 2“D o fDEmployment Industrial and o00 £» •iX) CT5 OI—1nocnnCommunity Facilities iroi—i NJ ^ Ordinance No. 016-17 Page 47 of 72 ro 0)a>CDCL .yubCD0)CDCD -a u b b <<E c< <<O roo££X T3£.2ccc V)03 03 ■fcCD03CcC .233sccins333P = Permitted .2 .2 *coo303Oooi/i CO CO CO T3 U+jOfM2 CCD0000C = Conditional cH rvj CD CD 03OCU_I I I I I P P c >-co.2 CDCD .t!.2 03 '4= 03 .2 .2 .2 Q.Q.*±u co E*3 C+J +->CD coCO CO CO 3CCCCccCD 3XI>■ CDCDCD CDCD CD CD CD E E2cT3QCcT32 2 2 ■a T3 CDCDE E Q.5 '5!'I7>*CD co co CO ECD CD CD OCD CD CD 3 3 Oe?cc cc cc cc cc cc o CQ CO uLLI R8- Gb Mxd CfRMHR4.5 R8 R12 R20 Co BP I BP II Eo MWD Organization hotel/lodging houses C C 7041 Note: All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1. Except bed and breakfast. 2. Only as an accessory to a school, college/university, church or conference center. 3. Accessory dwelling units: a. Only one accessory dwelling per lot or development site; b. When the primary use of the lot is residential, the primary residence or the accessory dwelling unit shall be owner-occupied; c. When the primary use of the lot is residential, the accessory dwelling unit shall be less than 50 percent of the living area of the primary residence; d. One additional off-street parking space is provided; e. When the primary use of the lot is residential, the accessory dwelling unit shall be converted to Ordinance No. 016-17 Page 48 of 72 another permitted use or shall be removed if at least one of the units ceases to be owner- occupied; and f. Within the commercial retail and office, business professional I and II, and employment industrial and office zones, an accessory dwelling unit is allowed for the purpose of housing a resident manager, caretaker, or security personnel for the commercial, office or industrial use(s) on the site. 4. No customers are allowed on site. 5. In the R20 zone, home (cottage) industry and home occupation are allowed in single-family detached homes only. 6. Permitted with approval of a planned residential development. 7. Permitted as part of mixed use development with approval of a conditional use permit (maximum R-20 density). 8. Medical marijuana cooperative: a. Only as an accessory use located within a residential dwelling unit; b. The cooperative shall be registered with the state Liquor and Cannabis Board and all members shall be registered in the state medical marijuana authorization database and hold valid recognition cards; c. The cooperative shall obtain and maintain a city business license according to Chapter 5.12 POMC; d. The cooperative shall operate in accordance with all requirements of Chapter 69.51A RCW. 9. Within the downtown overlay district or the mixed use zone, an accessory dwelling unit shall be located on or above the second floor of the building in which it is located. Stand-alone accessory dwelling units are not allowed in the downtown overlay district or the mixed use zone. 10. Shall comply with the requirements of Chapter 16.38 POMC. * Code reviser's note: This table has been editorially amended to restore uses unintentionally omitted from Ord. 027-16, per the intent of the city. cdo o o00**nooNJ HJTOl-l oIIIIon■o CD3 ° aj -ig. s 3 Ic & fP 5. n <s> 3 ij* qjSi 5 E !U g TO SS CD CL fD >n q ?- cdS o) -i T3 < <(n fD <ft =‘ Tl s ? 1 I 1X5OOTOOocu3fDCL J2.fD —In3ftftft §3 QJcft 5' 5' TO c 033“-2 I=F33 oTOO3§ S C fD3 (?fD C 3. «/>3 Sj nj 3 O)QJTOTO Q.OlfD335LfD CDfDCLQ_Q.ininin (jo OCDTOTOTO TO n cr oGreenbelt''j CD ID O00IResidential - Mobile Home Park 00xfD inOOOonnResidential-4.5 Units/Acre cU1Cn3 fDOO n 00nn Residential - 8.0 Units/Acre QJUi13 Q_ ? 50^ *00 cResidential - 8.0 Units/Acre inOin in ■fDOlinIdMWD•# oonnn Residential -12.0 Units/AcreunNJ 50 NJ Residential - 20.0 Units/Acreo no-o Commercial Retail and OfficeNJ 00 TO Business Professional I ooTO oBusiness Professional II a.32QJ"O Mixed Uses 3XNJQ_-o J2 QJ fD 0Q 7 fD f: mo Employment Industrial andTO•D ONJ ID On££: n h->o CD Community Facilities i •Vl h-> NJ NJ NJ toI—4tou>I—4 vj*NJOU1NJU>nu>“Oih-4 II II cr q -o >pr cu ono s g. ■§- v ^ TO V nfD ? X £=>. ^ 3 ai fDn ->r+ QJ IS- £ £ S ro =h 3 fD >i 7 3 _£» fD °L £ £ I s ■a x Z!-a(D O I *3 ? fD -< X2 (/)root/)QJ I 313233"C (D3 ='i. OQ fD qj QJ03O33 cr.3CfD5' 03 o'oa.zrPfto 3 fD0q33C$QJ Q_crq QJCLzf?fS3P =:(/>Q_3"£ HK CT>“O “U fD O""O GreenbeltH4 do03 S3 Residential - Mobile Home Park03xcrqfD33 3n Residential-4.5 Units/Acreu>fD 03 3 *■*DO 00 Residential - 8.0 Units/Acre IS DO 00 Residential - 8.0 Units/AcreIi a MWD Residential -12.0 Units/AcreNJ DO NJ Residential - 20.0 Units/Acreo noo Commercial Retail and Office■> oo-o Business Professional I 00 -o OBusiness Professional II Q. 3 s QJnMixed Uses 3X -o OQJ CTQ 2 fD 7C CL mo Employment Industrial andno n oU1 o or^££\ n S.?Community Facilities~u VI I—4 NJ vj Ordinance No. 016-17 Page 51 of 72 ro CL)0)<uQ..ybbqj0)T3.2.2 .a3ooCPo</)<S)to “OoooCM Uto2£cu"vf 0)CL)00 00 rorHCMCCLLI I I 4->I PP c >in.2re d)cu ±±CLa..2 .2 ro .2 .2*C u Ein+3 '■P C*->mCL)mm 3 3CCCccc.CL)m >JO 0)CL)0)0)Ecucu cu cu OET3cQ.2c255ST3T3 CUCU EaE ? LU C E5 .*10cuCO CO CO co o33CUcu cu ocucucu 22 uCQCOQCCCQCOCOCUCC R8- Mxd CfGbBP II EoBP IRMHR4.5 R8 R12 R20 Co MWD Resource Accessory Uses Resource Caccessory *uses Note: All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1. May be further subject to the provisions of the shoreline management program. 2. Only forest research conducted within an enclosed building. 3. Only within an approved enclosed or contained facility subject to appropriate county and state requirements. 4. Only artisan type activities, such as pottery or glass blowing, which are a secondary or accessory use to a retail activity. 5. As a secondary or accessory use to a residential activity without retail sales, where larger than 200 square feet. 6. May be further subject to the provisions of EPA and DOE in regard to the use of fertilizers, pesticides, and other chemicals. 7. May be further subject to the provisions of EPA and DOE in regard to the buffering of streams, wetlands, and other freshwater corridors. Un cnNJ*vj OJ of-i CD o33 o *“OcfD OoIIoTscr noo"O Oo>o 3nT3 Q_ro cri. i fDCTQoroO)3" n fD O in m ns 'J -v. M "^ g ns I? ? i: fD <n —. r+3 QJS 2 3 fD r+ 3" O QJ —h i/i 3O E3"EQ.3OS O cn3.c 3 fDfD USCLinQJ5inOfDQJQJinl-1mofDinO I DOG)fDGreenbeltO’51 "73 Residential - Mobile Home QT 3XQ_33 3- cr a 8u fD C-P*Residential-4.5 Units/Acre COU1ro G.3 cn * aDO 00 Residential - 8.0 Units/Acre * O 11?EResidential - 8.0 Units/Acre o QJ 3DO nsResidential -12.0 Units/Acre 3NJQ. fD33Q_fSJ Residential - 20.0 Units/Acre r+o 3nonOO“O Commercial Retail and Office O fD □3 5“D Business Professional I fDcn C O03 5'-o cL Business Professional II fD 5'3 QJ 3O' -u O £U fD 00 2 ro ~o gMixed UsesX Q. m OoO"O T3 Employment Industrial and cn3NJ O a?|-k ro snfD Q_Community Facilities Lnun LnLn Ln LnLn LnLn* ****cn -F*oo 4^uuLn > >CD >^ G>Q.V)< a03 CDm-n m ~n ncQJ "OooQJoca>O 0)3aq■a cqj fDCDQ ilOnr.3.o2. 3 QJ CLa>fD Xin~a T3 iiCT.fD fDOm o CL fD3in nnQJ01oTOin in in TDinTOCQ.O3in2inQJD-<rr fDco 2. ■< QJ 3 C J=TfD 33.QJ <■aft i3ofD3'QJ T3 C CL 3fD3TOfD fD?D ‘O O3t/>EoCL3“0)3QJ EfD33tnCLtq_o 33■c toQ_OQ.3 *2 Co 3CDD 3 0) QJ Q. O Q-tn3.t/>QJ n3 QJ3O(D3“OfD tofDs:CLin■ao3in fDin33QJTO m QJfD urin CDn Greenbeltcr(JO DO Residential - Mobile Home x DOn-p*Residential-4.5 Units/Acre(JO ui DO oo Residential - 8.0 Units/Acre l<:DO 00 Residential - 8.0 Units/Acre§i a DO Residential -12.0 Units/AcreNJ DO NJ Residential - 20.0 Units/Acreo no■o “O"O o~u “D "D T>“D "O Commercial Retail and Office-P*<T> 00 -o Business Professional I o03 CL“O“O Business Professional IIto 3 QJ 3 2 n"O"O fDo n n“O ~o “O "O “O Mixed Uses QJX4^ TO 2CLfDOm■o -o o Ln-o "O■o ■o -o Employment Industrial andNJ NJ 00 o Qn Community Facilities NJ Ln LnLn LD KD LO* ******UJ M >era < 03 tO ET >to CD (“J 3 wo a*. A> ^3 _Q Q_ □□c.O “D no3""O3occQ__QQ_OlQ.o3 ° K- T3 fD_ flj Con c iifDCr><7T 3.3 era n7TfD P" c fDO O Eo -DlO3cotoft ft 3§ § I C lOora fDfD fD to 3 CD to3 fDQ7 3CD3OqT(O O 33toQ_3eraCDo33"Q.Od\CD 5fD fD 3 fDQ_fDOera fD o o o c to fDcfCDOfD to to 3C3to Oto3n3toto3 fD CD Q- CDCDOCDfDfDtoQ_3 to IX ■o ^ 33totoQ_3Q.W —13"fDTJQJ3■<3 CL CD Greenbeltcr 33 Residential - Mobile Home 73 &Residential - 4.5 Units/AcreLn 73 00 Residential - 8.0 Units/Acre 11?Residential - 8.0 Units/Acre a 73 Residential -12.0 Units/AcreM 73 M Residential - 20.0 Units/Acreo n-o o-o -o Lnn-d ■a 73 ■o ■o Commercial Retail and OfficeCD00 cd era■a Business Professional I OCDa.~o Business Professional II 3 CD 3 n“D"O fDno“O "O "O “D Mixed Uses tuXcnera -z.Q. fD omnoLn • -P* OnEmployment Industrial and73NJ I-1QnCD I-D Community Facilities NJ vj Ordinance No. 016-17 Page 55 of 72 P 0)P .2CD01CDCDCJu ■abb b st<<E £< <<o caO£X ■a£ £a TOc£i/>ro roCDc£C ro33 .Si£to£ 2 3 3 3 .2 .2P = Permitted C = Conditional ±LooZ5reoqinqCO CO to (/) "OOrsi u£CD0000rH(N CD CD COCCu_II I I I I p O £>l/l.2 i_ re re a>0)CO CO ■2 •2 Cl.Cl.±i u+3+3 +3 +3 io E £CD to l/l 1/1 l/l 3££ £E ££CD ZJJO>CD CD a)CD CD CD CD CDE Eo£"O-a2 2 TJ s ££5CD CDE Ea.aiCD *l/l l/l to to to ECDcdCDCDCD0)O O ZJ 3<5 ccac oc oo ce oc u UmooLU |R8- Gb R8RMHR4.5 CfR12R20MxdCoBP I BP II EoiMWDl Fuel dealers598 P7 P7 P *Pet shop P P Banks and financial services P2,8 P2,8 CP 6512 Petroleum 2911 Petroleum refining C Note: All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1. Only hardware and garden materials shall be permitted. 2. Limited to 25 percent of gross floor area up to 4,000 square feet. 3. a. Limited to products grown on site; and b. Covered sales area shall not exceed 1,000 square feet. 4. Only the sale of new or reconditioned automobile supplies is permitted. 5. Excluding SIC industry number 5813 - Drinking places. 6. Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers, public parks, community centers, public libraries, or churches that conduct religious or Ordinance No. 016-17 Page 56 of 72 educational classes for minors. 7. Limited to office use. 8. No drive-through permitted. 9. Limited to a maximum of 2,000 sq. ft. and no franchise outlets. Drive-through not permitted. * Code reviser's note: This table has been editorially amended to restore uses unintentionally omitted from Ord. 027-16, per the intent of the city. SECTION 4. Chapter 16.40 POMC is hereby amended to read as follows; all other provisions of this chapter shall remain unchanged and in full force and effect (new text in underline, deleted text in strikeout): Chapter 16.40 DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS Sections: 16.40.010 Purpose. Interpretation of table. Densities and dimensions. Measurement methods. Calculations - Minimum and maximum density. Calculations - Net useable site area. Calculations - Allowable dwelling units. Density credits. Lot area - Reduction prohibited. Setbacks - Modifications. Setbacks - Regional utility corridors. Setbacks-Alleys. Setbacks - Adjoining half-street rights-of-way. Setbacks - Projections allowed. Heights - Exceptions to limits. 16.40.020 16.40.025 16.40.030 16.40.035 16.40.040 16.40.050 16.40.060 16.40.070 16.40.080 16.40.090 16.40.100 16.40.110 16.40.120 16.40.130 Ordinance No. 016-17 Page 57 of 72 16.40.010 Purpose. The purpose of this chapter is to establish basic dimensional standards for development in relation to residential density, as well as specific rules for general application. These standards and rules are established to provide flexibility in project design, provide solar access, and maintain privacy between adjacent uses. 16.40.020 Interpretation of table. (1) The table in POMC 16.40.025 contains general density and dimension standards for the various zones within the city, as well as limitations specific to a particular zone(s). Additional rules, exceptions, and methodologies relating to density and dimension are set forth in this chapter. (2) The densities and dimensions table in POMC 16.40.025 is arranged in a matrix format. Development standards are listed down the left side of the table, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical numbers in the matrix identify specific requirements applicable to a specific use or zone. A blank box indicates that the standard does not apply in that situation. If more than one standard appears in a cell, each standard will be subject to any applicable parenthetical footnote following the standard. See Table 16.40.025, Densities and Dimensions. 16.40.025 Densities and dimensions. n o on rvi z? 3 30 CL r- =rofD fDCLCD CDCDCD33CDCD >3 INICDCD-< fD 3-<23<a—*OCDCD<CD oj c o2.2 Q- O ca.3 >I—* 00CL N 3 mi-*3"30 Of)OM-P*OH> V O<X>fD l->3 CO3 to33+■<C Greenbelt including Conservation and Open Space 3 o CDooCLLnuiOOcr§U1in fD fD crQJ 3 73nOQO4*Ln 7TLn Residential-4.5 Units/Net Useable AcreoLnocuiLn3O3 CDfDLnin(D 3“00 73V-*OQLnLn Residential - 8.0 Units/Net Useable Acre fD"O on 00OOLn h-kin in CDLncResidential 8.0 Units/Net Useable Acre MWDo°30NJ NJ NJ h-k UJ o o in £ “ONJLn O Ln o fDOO o-p*QJo a NJcrLnfD"UJ h-k 73h-k O)NJ QJLnLn Residential - 12.0 Units/Net Useable Acreh-koLn OqUJONJOfDfD3inNJNJ73JCT.Oh-kLnLn NJ Residential - 20.0 Units/Net Useable Acreoon fD"4 oO to00 CD 3 CL n Commercial Retail and Office ooo 3 fD 00 33I-1 00(T>NJunonon Business Professionalo o-oooo 33Oin PUJNJdh-k o Mixed Use DistrictXoNJ 3OQ_QJ 3 n“O fDh-k u> NJ O m QJEmployment Industrial and Officeo era 2fDoon oo Oi—1qMocnCommunity FacilitiesLn 'vj h-k NJ CO QJ I-O m=2 ro 3cr " q-8 I 8 2 3 2 -6 g QJ ft) —■S i. p "K ° 3 m 3 -nO o 33. 3 2 = 3 3 (TO in Qj nj 51 & S 3 ? 3 E. O </> 5-Q-3 <ra § qj nS =■ £: ■—• QJ QJ— n >NJ O oO)■a >-a mft)ro QJfD 73 cnm a s E 5 inQ.OU1roQJco=5*. 3 c Greenbelt including Conservation and Open Space 00 h->3 ocncncrSRSR8. ro ncn 73Ocncn Residential -4.5 Units/Net Useable Acre<SR SR ro cn3 TO QJNJroZ73cncnResidential - 8.0 Units/Net Useable Acre00 roSRSR3 T3 cnfD 3N)Nl ■t*Residential 8.0 Units/Net Useable Acre MWD73cncn O£ “roSRSR3 OoNJ Q cn00i-'73 ICncn3Residential - 12.0 Units/Net Useable Acre oSRSRroMr+fD 3C 52.to00fD Cf.Ul Ul Residential - 20.0 Units/Net Useable AcreCDNJ fDcroto fD CD 3QJQ_00I—*q OUiuiUiUi Commercial Retail and Office 2fDOtn3 ro3COS£.cn 00CnCncn Business ProfessionalSR o“OSR 3 tn otDunQ_un Ul ui Mixed Use DistrictX 3Q.QJ 3 “o Q QJ fD 0Q ^ fl> o cn • CO o a £ i—^ NJ 'vj 00 NJ mcncncn Employment Industrial and OfficeooSRSR CDCn NJ ncncn Community FacilitiesSRoSR Q. T3 < ^ J ? a S s- 1 § | I—4 < £ 3 QJ 0) 2 X 3< 5' Q-fD d QJ CL C -lCL z CL O oo m- < o -1 r+ fD < r+ "l <=■ n ST = £. 7 ^ °Q_ I £ g D. w CD 3 l/l —HQJ>CL CL N no Z ouzaiai >$■&Q 3 -a mrofDfDzbon3CLOQQJCT1C/lU1x. 3 c Greenbelt including Conservation and Open Space 3 CDOJNJ (jn U)crcrc K 50njUJ3h-4 -C*Residential -4.5 Units/Net Useable AcreUJerauiui3“ fD O)ora crujNJI—4 503"Residential - 8.0 Units/Net Useable Acre ro'-j <J1 00 00 3 <T> 2 4^ro Residential 8.0 Units/Net Useable Acre MWDZBOJfD Of “LU ooNJ Ul 50 INJU>M Residential - 12.0 Units/Net Useable AcreUlOJ aNJfD 3 50NJUJh-4 NJ Residential - 20.0 Units/Net Useable AcrecnOJ fDol/l CD 3 CLNJNJ00OonCommercial Retail and Office 5•'j 00 oaS 3 ro3 onNJ NJ 00 CXI Business Professionalasvjvj oOJ“o 3 (/>o LnNJ NJ OJ Q_Mixed Use DistrictX-vj OJ Q_QJ 3 ■a Q QJ m crq 2 ro NJ NJ oo mon Employment Industrial and Office■vi oooas ocn •o o on QNJ NJ 00 n cnCommunity Facilitiesa?^4 •vj 00 -vl h-“ NJ > CD CTQ Q_ o rj< (D “ S' < oS S 2 =? 5 s c fL 5 n 5T 3 <T> ^ ■< O 3 S i I l | £ !=? =>■ n qT 2. 3 S !£. 7 ■< oM 2. g- 1 £ CD coQJ jcn •< "P J5 00 -I -I>N z oozfD €>to fD mNO50co3 3 ooco Greenbelt including Conservation and Open Space aCOCO vo VO cr XIcoco Residential -4.5 Units/Net Useable AcreVOVO cn QJ 2cocoResidential - 8.0 Units/Net Useable AcreVOVO00 fD cn Residential 8.0 Units/Net Useable Acre MWDXJ £ ~o ooNJ cn x:ICOCOResidential - 12.0 Units/Net Useable AcreVOVO oISOfD 3 73 cr.UJ oj NJ Residential - 20.0 Units/Net Useable Acrevovo fDOcn O) 3 CLCOconCommercial Retail and Office 9.VO VO o 3 fD 3 !£!.co co 00 Business ProfessionalCDVO OTD 3 trt O co co CLMixed Use DistrictXvovoCL 0) 3 -o OQJ 0Q 7 fD ^ UJ UJ m Employment Industrial and Officeovo vo ocnI-1 o ° 7COCOoCommunity FacilitiesvoCD 03 CO 00 CL O O QJ ° QJ < O^ 5 2 £ ? IS ^ 5 o sr =5 3 «fl. " ■< O Q- 03 ^ OQ x ^ S | § £ £ =r £ n 5T 3 00 -i tn qj <-!■ fD —■ -o' a. o o coIDH >ININJzol—4•<oo z£CL >€n>fDin in mNJro I fD DO CO33 ooQ co Greenbelt including Conservation and Open Space oUJNJ KD cr U)NJ 4^Residential - 4.5 Units/Net Useable AcreUl O) ScoNJDOResidential - 8.0 Units/Net Useable AcreCDnJ00 fD CD 2 •I*Residential 8.0 Units/Net Useable Acre MWDDO p ooN) cn DOcoNJ Residential -12.0 Units/Net Useable Acrei—*CD Nj oNJfD 3 DO 3.CO NJ N)Residential - 20.0 Units/Net Useable AcreCD (DNjOin QJ 3 CLCOnNJCommercial Retail and Office oCDNlo 3 fD 3 CJJ NJ 03 Business ProfessionalCD oNj-D 3 <si O co NJ CLMixed Use DistrictX<x>5*CL O) 3 “O n Q) ^ OQ 2ro o UJ NJ m Employment Industrial and OfficeoCDNl cd • NJ o S.SCONJnCommunity FacilitiesCDNl "vj t-* NJ vj Ordinance No. 016-17 Page 63 of 72 Table 16.40.025 - Densities and Dimensions aC 5 QJCDCDCDCDQ.bb U2o<<<<a>CD-a o2.2 b CDC 11_Q-Q .2-QCD <CDCO OCDCDitCDCCDCDCD75 V)</!I/I■%O TJV)i/).2334-Jc c3 3 "OCD £.2 CDCD■Z.CD cCD>CD to</>CO oCDCD(O CD .22Z3CD2 2 CDCDJ=aCO u.CD lO co CD4->c iff l/liffoUCD+-■CD >3O co CDzZONES co .t;Q.T5UCCQ.CC 333 cc3300 1/5 +2 coco 3ToTJOO.£o £CD CDO coCNIc*TO *3"00 E3CD<~\l 'KCDII E oolE3UO>co.£oo.2.2 75 £CD .275+3 ’£3±i o Q.C c c c aCD+3 ECD CD CDCD-Q C5 LLl2-J3CCDcococoCD-a coCD CDCD CD a>wCCCC CC CC(D cc R8- CfMxdGbBPEoR8R12R20CoSTANDARDS R4.5 MWD (17)(18)(21) Downtown overlay district 2727 27 27 272727272727 (20)(21) 1. Measured from the existing edge of a street right-of-way. Applies to front yards, corner lots, and through lots. 2. From side or rear site or property boundary line. May be zero feet minimum within the mixed use district in the downtown area as allowed by the International Building Code (IBC). 3. May be zero lot line if structures meet IBC fire code and emergency access. 4. Useable acreage covered by buildings, roads, parking lots, and other built improvements. Mixed use developments within the downtown district may achieve 95 percent site coverage. Mixed use outside of downtown shall be no more than 85 percent site coverage. Ordinance No. 016-17 Page 64 of 72 5. Softscape may include perimeter buffers, parking lot plantings, and other landscape with soil or other natural surfaces. 6. Hardscape may include patios, plazas, entryways, and other paved or hard surfaced pedestrian/landscaped areas in lieu of softscape. Unless hardscape surfaces are constructed with permeable materials, the hardscape surface area shall be included in calculating the maximum impervious surface percentage. 7. Building height is measured to the roof drip line at any point around the structure from the lowest point of the finished grade, unless a fire protection plan is approved by both the city development director and the fire authority. 8. View protection districts are established separately by city council resolution. Additional height may be allowed as a conditional use. Refer to POMC 16.40.030 and view protection overlay district standards, POMC 16.20.700 through 16.20.713. 9. Except as defined in POMC 16.40.100. 10. All lot sizes are measured in square feet unless a planned residential development has been approved. 11. If required parking is served by an alley, residential street setbacks may be reduced to 10 feet. Ten-foot front yard setback also applies to residential flag lots measured from the property line closest to the main entrance to the residence. 12. For every 10 feet of building height over 33 feet, an additional 10 feet of street setback shall be provided. 13. Plats recorded prior to 1910 as identified in the appendix are exempt from the minimum required lot size. Instead, minimum lot size shall be 5,000 square feet or any single lot of record in separate ownership on August 28,1972. 14. See small lot development standards. 15. For purposes of the view protection overlay district, building height shall be measured to the mid-line of the roof from the elevation of the uphill property line. 16. Maximum building height may be increased from 27 feet up to a maximum of 39 feet through conditional use permit approval. 17. Maximum building height may be increased from 39 feet up to a maximum of 55 feet through conditional use Ordinance No. 016-17 Page 65 of 72 permit approval. 18. For the purposes of those lots abutting Bay Street within the downtown overlay district, building height shall be measured from the existing Bay Street elevation. 19. Maximum building height may be increased from 39 feet up to a maximum of 55 feet through conditional use permit approval. Building height shall be measured from the existing elevation of Bethel Avenue at the parcel's frontage. 20. Maximum building height may be increased from 27 feet up to a maximum of 39 feet through conditional use permit approval. Building height shall be measured from the uphill elevation of either the existing or finished grade, whichever is lower, at the foundation or slab. Average uphill elevation shall be used if not level. 21. Building height shall be measured to the highest point of the structure or any appurtenance of the structure. 22. The maximum density allowed in the mixed use zone within the central downtown overlay district shall be 48 units per acre. 23. Minimum setback from front yard ROW: 10 ft to house wall; 20 ft to garage door; 5 ft to porch. 24. Minimum setback for side yard: 5 ft to lot line; 10 ft to ROW (corner lot). 25. Minimum setback for rear yard: 10 ft to house wall; 5 ft to unenclosed patio at ground level. 16.40.030 Measurement methods. The following provisions shall be used to determine compliance with this chapter; (1) Street setbacks shall be measured from the existing edge of public rights-of-way, improved or unimproved. (2) Structure height shall be measured from the uphill elevation of the finished grade at the slab or foundation, whichever is lower, to the highest point on the structure roof. If the uphill elevation is not level, then the average uphill elevation shall be the measurement basis. (3) Lot area shall be the total horizontal land area contained within the boundaries of a lot. (4) Impervious surface calculations shall not include areas of turf, softscape landscaping, natural Ordinance No. 016-17 Page 66 of 72 vegetation, or surface water retention/detention facilities 16.40.035 Calculations - Minimum and maximum density. (1) The minimum density shall be calculated by multiplying the development's subject site net useable site area, as calculated pursuant to POMC 16.40.040, by the minimum number of dwelling units required in the applicable zoning district. (2) The maximum density shall be calculated by multiplying the development's subject site net useable site area, as calculated pursuant to POMC 16.40.040, by the maximum number of dwelling units allowed in the applicable zoning district. (3) The units associated with assisted living, congregate care, nursing home, residential care facilities and the like, that rely on shared cooking/dining facilities, will not be counted for purposes of the minimum/maximum density calculation. Independent dwelling units (i.e., containing a bed, bathroom, and a kitchen with a sink, stove, and refrigerator) in such group living residential uses, however, shall be counted as individual dwelling units in the density calculation. The density for nonindependent dwelling units shall not be transferred to another portion of the development. 16.40.040 Calculations - Net useable site area. The net useable site area is the development subject site's total (gross) site area minus areas for public rights-of-way, private road easements, designated critical areas and buffer protection, and stormwater management facilities; but not including parks and public or private recreation facilities dedicated or created as an integral part of the development. 16.40.050 Calculations - Allowable dwelling units. Permitted number of units shall be determined as follows: (1) The maximum allowed number of dwelling units shall be computed by multiplying the net useable site area by the applicable residential density. (2) When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: Ordinance No. 016-17 Page 67 of 72 (a) Fractions of 0.50 or above shall be rounded up; and (b) Fractions below 0.50 shall be rounded down. 16.40.060 Density credits. Critical areas and their buffers may be used in the calculation of allowed residential density whenever two or more residential lots or two or more multifamily dwelling units are created subject to the following limitations: (1) Full density credit shall be allowed for erosion and seismic hazard areas. Flood hazard areas outside of streams, wetlands, or associated buffers shall be counted for full density credit. (2) No density credit shall be allowed for streams, lakes, ponds, and other bodies of water.(3) Partial to full density credit shall be allowed for steep slopes, landslide hazard areas, wetlands, and required buffers for any critical area according to the following table:Percent of Site in Buffers and/or Critical Areas (percent) Density Credit (percent) 1-10 100 11-20 90 21-30 80 31-40 70 41-50 60 51-60 50 61-70 40 71-80 30 Ordinance No. 016-17 Page 68 of 72 (2) No density credit shall be allowed for streams, lakes, ponds, and other bodies of water.(3) Partial to full density credit shall be allowed for steep slopes, landslide hazard areas, wetlands, and required buffers for any critical area according to the following table:Percent of Site in Buffers and/or Critical Areas (percent) Density Credit (percent) 81-90 20 91-99 10 (4) Allowed density on sites containing critical areas shall be calculated as follows: (a) Determine the percentage of site area in critical areas and buffers by dividing the total area in required critical areas and buffers by the total site area. (b) Multiply the density credit percentage set forth in subsection (3) of this section by the site area in critical areas and buffers to determine the effective critical area. (c) Add the effective critical area to the site area not in critical areas or buffers. The resulting acres shall be considered the effective site area for purposes of determining the allowable dwelling units pursuant to the zoning regulations. (d) By way of example, the density credit provisions apply as follows for a 10-acre site under the R8 zone: (i) The square feet in the site is 435,600 of which ponds include 45,000 square feet, steep slopes include 82,000 square feet, and required wetland buffers include 60,000 square feet. Ordinance No. 016-17 Page 69 of 72 (ii) Divide the total amount of critical areas and buffers (187,000 square feet) by the total site (435,600 square feet) equal to 42.9 percent. (iii) Apply the density credit from the chart (equal to a 60 percent density credit where the amount of site in a critical area is between 4l and 50 percent). (iv) Multiply the steep slopes and required buffers only (142,000 square feet since no credit is received for ponds) by the density credit of 60 percent equal to 85,200 square feet. (v) Add the unconstrained site area (248,600 square feet) plus the critical area density credit (85,200 square feet) to create the effective site area for density calculations (333,800 square feet). (vi) Divide the total effective site area by 43,560 square feet to determine acreage (333,800 square feet/43,560 square feet/acre equals 7.6 acres) and multiply by the density allowed in the R8 zone (7.6 acres multiplied by eight dwelling units/acre) equals 60.8 which is rounded up to 61 dwelling units maximum (note that the maximum density may be reduced by other provisions of this code). (5) The density transfer can be utilized only within the development proposal site. The applicant may cluster and configure the site's development to accommodate the transfer of density but cannot change the type of uses or housing products allowed within the zone proper. 16.40.070 Lot area - Reduction prohibited. Any portion of a lot that was required to calculate and ensure compliance with the standards and regulations of this chapter shall not be subsequently subdivided or segregated from such lot. 16.40.080 Setbacks - Modifications. The following setback modifications are permitted: (1) When the common property line of two lots is covered by a building(s), the setbacks Ordinance No. 016-17 Page 70 of 72 required by this chapter shall not apply along the common property lines. (2) When a lot is located between lots with structures having nonconforming street setbacks, the required street setback for such middle lot may be the average of the two nonconforming setbacks or 60 percent of the required street setback, whichever results in the greater street setback. 16.40.090 Setbacks - Regional utility corridors. (1) In subdivisions and short subdivisions, areas used as regional utility corridors as identified in this code shall be contained in separate tracts. (2) In other types of land development permits, easements shall be used to delineate such corridors. (3) All buildings shall maintain a minimum distance of five feet from property or easement lines delineating the boundary of regional utility corridors, except for utility structures necessary to the operation of the utility corridor and/or as required by the Department of Health 16.40.100 Setbacks - Alleys. (1) Structures may be built no closer than 15 feet from the center line of an abutting alley. (2) Vehicle access points from garages, carports or fenced parking areas shall be set back a minimum of 10 feet from the alley property line to provide a driving surface. 16.40.110 Setbacks - Adjoining half-street rights-of-way. In addition to providing the standard street setback, a lot adjoining a half-street right-of-way or designated arterial shall provide an additional width of street setback sufficient to accommodate construction of the future planned right-of-way. 16.40.120 Setbacks - Projections allowed. Projections complying with the adopted International Building Code may extend into the required setbacks as follows: (1) On ground and upper floor uses in all districts and on upper floor uses only in the mixed use Ordinance No. 016-17 Page 71 of 72 district (Mxd) in the downtown area - fireplace structures, bay or garden windows, enclosed stair landings, closets, or similar structures may project into any setback, provided such projections are: (a) Limited to two per facade; (b) Not wider than seven feet; and (c) Not more than 24 inches into an interior setback or 24 inches into a street setback. (2) Uncovered porches and decks which exceed 18 inches above the finished grade may project: (a) Twenty-four inches into interior setbacks; and (b) Six feet into the street setback except where the allowable setback is zero feet as in the mixed use district within the downtown area. (3) Uncovered porches and decks not exceeding 18 inches above the finished grade may project to the property line. (4) Roof eaves, including any part of a roof structure whether unsupported or supported by diagonal bracing to the building, must be more than seven feet above finished grade and may not project more than: (a) Twenty-four inches into an interior setback including within a zero lot line development; or (b) Twenty-four inches into a street setback except where the allowable setback is zero feet as in the mixed use district within the downtown area. (5) Fences with a height of six feet or less may project into any setback; provided, that the sight distance requirements are maintained along street corridors. 16.40.130 Heights - Exceptions to limits. The following structures may be erected above the height limits: (1) Roof structures housing or screening the following: elevators, fire access stairways, tanks, ventilating fans, fire or parapet walls, skylights, or similar equipment required for building operation and maintenance; and Ordinance No. 016-17 Page 72 of 72 (2) Flagpoles, chimneys, smokestacks, church steeples, clock towers, communication transmission structures, utility line towers and poles, and similar structures. SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 6. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 7. Publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. SECTION 8. Effective Date. This Ordinance shall take effect and be in full force and effect five (5) 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 City Clerk in authentication of such passage this 25th day of April 2017. Robert Putaansuu, Mayor SPONSOR;ST: Scott Diener, CouncilmemberBrandy Rinearson, CMC, City Clerk l i SEAL : 1 APPROVED AS TO FORM: nJp^r ron Cates, City Attorney May 5, 2017 May 10, 2017 PUBLISHED: EFFECTIVE DATE: NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held April 25, 2017. ORDINANCE NO. 015-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICPAL CODE CHAPTER 5.94 (SPECIAL EVENTS) TO INCLUDE POLICIES ON CITY STREET AND STATE HIGHWAY CLOSURES; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. Copies of Ordinance No. 015-17 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 015-17 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, May 5, 2017