033-17 - Ordinance - Unified Land Use and Development CodeORDINANCE NO. 033-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO THE CITY'S UNIFIED LAND USE AND DEVELOPMENT
CODE (TITLE 20); REPEALING SUBSECTIONS 20.38.706 AND
20.38.707 (VIEW PROTECTION OVERLAY DISTRICT - TREES AND
FOLIAGE) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING
FOR SEVERABILITY AND CORRECTIONS; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, on June 13,2017, the City Council passed Ordinance No. 019-17 approving the
City's Unified Land Use and Development Code (Title 20); and
WHEREAS, the City wishes to repeal the requirements for tree and foliage planting and
maintenance from the view protection overlay district regulations established in POMC 20.38;
and
WHEREAS, on September 18, 2017, the City provided required notice to the Department
of Commerce regarding its intention to adopt revised development regulations; and
WHEREAS, on September 22, 2017, the City's SEPA official issued a determination of non
significance for the proposed changes and there have been no comments or appeals; and
WHEREAS, on October 3, 2017, the City's Planning Commission held a duly-noticed public
hearing on the proposed changes and no public testimony was received, and the Planning
Commission provided its recommendations to the City Council; now therefore,;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council hereby adopts the above recitals as findings in
support of this ordinance.
SECTION 2. Repeal. POMC subsections 20.38.706 and 20.38.707, View Protection Overlay
District-Trees and foliage, are hereby repealed.
SECTION 3. Severability. Should any section, paragraph, sentence, clause, or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid by a court, board, or tribunal of competent jurisdiction, for any reason, or
should any portion of this ordinance be pre-empted by state or federal law or regulation, such
decision or preemption shall not affect the validity of the remaining portions of this ordinance or
its application to other persons or circumstances.
Ordinance No. 033-17
Page 2 of 2
SECTION 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and effect
five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 10th day of October, 2017.
|I SEAL ) I
%<|0V
Robert Putaansuu, Mayor
ATTEST:SPONSOR:
Brandy Rinearson, CMC, City Clerk Scott Diener, Councilmember
APPROVED AS TO FORM:
PUBLISHED:
EFFECTIVE DATE:
October 20, 2017
October 25, 2017
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 October 10, 2017.
ORDINANCE NO. 033-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
THE CITY’S UNIFIED LAND USE AND DEVELOPMENT CODE (TITLE 20); REPEALING
SUBSECTIONS 20.38.706 AND 20.38.707 (VIEW PROTECTION OVERLAY DISTRICT
– TREES AND FOLIAGE) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING
FOR SEVERABILITY AND CORRECTIONS; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 033-17 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. 033-17 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, October 20