034-17 - Ordinance - Amending Chapter 20.12 to Remove Definitions Relating to SignsORDINANCE NO. 034-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO THE CITY'S UNIFIED DEVELOPMENT CODE (TITLE 20);
AMENDING CHAPTER 20.12 OF THE PORT ORCHARD MUNICIPAL
CODE TO REMOVE DEFINITIONS RELATING TO SIGNS; 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 Development Code (Title 20); and
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WHEREAS, at the time that the Unified Development Code was approved, City staff were
completing work on a new Sign Code which was intended to be incorporated upon its completion
into the Unified Development Code as POMC Chapter 20.132; and!
WHEREAS, certain references to signs remained in the Definitions chapter (Chapter 20.12)
of the Unified Development Code pending completion and adoption of the new Sign Code; and
WHEREAS, the new Sign Code was approved by City Council on June 27, 2017 (Ordinance
024-17), and references to sign definitions in Chapter 20.12 are no longer necessary or desirable;
and
WHEREAS, the City Council approves and desires to adopt amendments to Chapter 20.12
to remove the sign definitions from that chapter; 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. Chapter 20.12 POMC is revised to read as follows:
Chapter 20.12
DEFINITIONS
The definitions in this chapter shall apply to Title 20 unless a specific definition is set forth in a
subsequent section, chapter, or subtitle in which case that definition shall apply but be limited to that
section, chapter, or subtitle as specified therein.
Ordinance No. 034-17
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"Accessory dwelling unit" shall mean a separate, complete dwelling unit attached to or contained within
the structure of the primary use or dwelling unit, or contained within a separate structure that is
accessory to the primary use or dwelling unit on the premises.
"Accessory use or structure" shall mean a use or a structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
"Accessory use - Commercial/industrial" shall mean:
(1) A use that is subordinate and incidental to a commercial or industrial use, including but not limited to
employee exercise facilities, employee food service facilities, incidental storage of raw materials and
finished products sold or manufactured on site, and business owner or caretaker residence.
(2) Certain commercial/industrial accessory uses may be specifically defined in order for them to be
subject to special approval conditions.
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!"Accessory use - Residential" shall mean:
(1) A use, structure, or activity that is subordinate and incidental to a residence including, but not
limited to, the following: fallout/bomb shelters, keeping household pets, provided the number, location,
type or other characteristic does not adversely affect public health conditions and is not accomplished
for a commercial purpose as in a kennel, cattery, or stable, private gardens, pea-patch farms, fish and
wildlife ponds, on-site rental offices, pools, private docks, piers, antennas or satellite dish for private
telecommunication services, storage of yard maintenance equipment, or storage of private vehicles
such as motor vehicles, boats, or planes.
(2) Certain residential accessory uses may be specifically defined in order for them to be subject to
special approval conditions.
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"Accessory use - Resource agricultural" shall mean:
(1) A use, structure, or part of a structure that is customarily subordinate and incidental to an
agricultural resource use including, but not limited to, the housing of agricultural workers or storage of
agricultural products or equipment used on site.
(2) Certain resource agricultural accessory uses may be specifically defined in order for them to be
subject to special approval conditions.
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"Act - GMA" shall mean Growth Management Act (GMA), Chapter 36.70A RCW.
"Adequate public facilities" means facilities which have the capacity to serve development without
decreasing levels of service below locally established minimums. (WAC 365-196-210(3).)
"Adult entertainment merchandise" shall mean items designed or marketed for use in conjunction with
"specified sexual activities."
"Adult entertainment facility" shall mean:
(1) An enterprise whose predominant emphasis is involved in the selling, renting or presenting for
commercial purposes of adult entertainment merchandise including books, magazines, motion pictures,
films, video cassettes, or cable television for observation by patrons therein. Examples of such
establishments include, but are not limited to, adult book or video stores and establishments offering
panoramas, or peep shows. "Predominant emphasis" means 50 percent or more of gross revenue
generated or total volume of shelf space and display area, whichever is more restrictive.
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(2) Any building or portion of a building or property which contains any exhibition or dance or other live
entertainment, performance, or activity distinguished or characterized by emphasis on the depiction,
simulation or relation to "specified sexual activities," as defined in this chapter, for observation by
patrons therein. Examples of such establishments include, but are not limited to, establishments
offering peep shows and/or topless or nude dancing.
"Aggrieved person" shall mean:
(1) The applicant and the owner of property to which the land use decision is directed; or
(2) Another person aggrieved or adversely affected by the land use decision, or who would be aggrieved
or adversely affected by a reversal or modification of the land use decision. A person is aggrieved or
adversely affected within the meaning of this section only when all of the following conditions are
present:
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(a) The land use decision has prejudiced or is likely to prejudice that person;
(b) That person's asserted interests are among those that the local jurisdiction was required to
consider when it made the land use decision;
(c) A judgment in favor of that person would substantially eliminate or redress the prejudice to
that person caused or likely to be caused by the land use decision; and
(d) The petitioner has exhausted his or her administrative remedies to the extent required by law.
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"Agricultural crop sales" shall mean the retail sale of fresh fruits, vegetables, flowers, and other products
grown on site. This use is frequently found in roadside stands or self-pick establishments and includes
uses located in SIC major group and industry group numbers:
(1) 01 - Agricultural production - Crops; and
(2) 543 - Fruit and vegetable stands.
"Agricultural processing" shall mean preparing harvested crops or products of animal or poultry
husbandry for marketing, transportation or further processing, including but not limited to SIC industry
numbers:
(1) 0214 - Goat milk production, wool production, etc.; and
(2) 0241 - Dairy farms and similar activities.
"Agricultural products" shall mean items resulting from the practice of agriculture, including crops such
as flowers, fruits, vegetables, grains, seed, feed, and plants, or animal products such as eggs, milk, and
meat, or animal byproducts such as fertilizer.
"Aircraft, ship, boat building, and repair" shall mean the fabrication and/or assembling of aircraft, ships
or boats, and including uses located in SIC industry group numbers:
(1) 372 - Aircraft and parts; and
(2) 373 - Ship and boat building and repair.
"Airport/heliport" shall mean any runway, landing area or other facility which is designed to be used by
both public carriers and/or private aircraft for the landing and taking off of aircraft, including:
(1) Taxiways;
(2) Aircraft storage and tie-down areas;
(3) Hangars;
(4) Servicing; and
(5) Passenger and air freight terminals.
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"Alley" shall mean a public or private access way, either unimproved or improved, which provides a
secondary means of vehicular access to abutting property. Alley width shall be considered the distance
between the alley right-of-way lines.
"Alteration" shall mean:
(1) A change or rearrangement of the structural parts or exit facilities, or an enlargement by extending
the sides or increasing the height or depth, or the moving from one location to another.
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"Amusement arcade" shall mean a building or part of a building in which a total of five or more pinball
machines, video games, or other such player-operator amusement devices in total (excluding juke boxes
or gambling-related machines) are operated as a commercial activity.
"Animal - Small" shall mean animals, other than livestock or animals considered predatory or wild,
which are kept outside a dwelling unit all or part of the time. Animals considered predatory or wild shall
be considered small animals when they are taken into captivity for the purposes of breeding,
domestication, training, hunting or exhibition.I
I "Appeal" shall mean to seek review of a decision or determination from a higher authority. An appeal
may be from a staff decision or determination to the examiner; or from an examiner decision to the city
council; or from a city council decision to the superior court or other court of competent jurisdiction;
however, some permit processes follow different appeal procedures, which procedures are set forth in
the corresponding chapter.
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"Applicant" means the owner of land proposed for land development or use or its representative who
shall have express written authority to act on behalf of the owner. Written consent shall be required
from the legal owner of the property.
"Arborist" means an individual trained in the art and science of planting, caring for, and maintaining
individual trees, and who is currently certified by the International Society of Arboriculture.
"Auction house" shall mean an establishment where the property of others is sold by a broker or
auctioneer to persons who attend scheduled sales periods or events.
"Automobile - Service station" shall mean:
(1) Any building, and the lot on which it is located, that is used for the sale of gasoline or other motor
fuels, oils, lubricants, and for the minor servicing of motor vehicles.
(2) Gasoline service stations primarily engaged in selling gasoline and lubricating oils; frequently selling
other merchandise, such as tires, batteries, and other automobile parts, or performing minor repair
work. Classified by the principal use when combined with other activities, such as grocery stores,
convenience stores, or carwashes.
"Available public facilities" means that public facilities are in place, or a financial commitment has been
made to provide the facilities concurrent with development. For the purposes of transportation
facilities, "concurrent with development” means that the improvements or strategies are in place at the
time of development or that a financial commitment is in place to complete the improvements or
strategies within six years. (RCW 36.70A.070 (6)(b).)
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"Awning" shall mean an architectural projection for a building that is wholly supported by the building
to which it is attached and comprised of a lightweight rigid skeleton structure over which a covering is
attached.
"Battery charging station" means an electrical component assembly or cluster of component assemblies
designed specifically to charge batteries within electric vehicles, which meet or exceed any standards,
codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under
RCW 19.27.540.
!"Battery electric vehicle (BEV)" means any vehicle that operates exclusively on electrical energy from an
off-board source that is stored in the vehicle's batteries, and produces zero tailpipe emissions or
pollution when stationary or operating.
"Battery exchange station" means a fully automated facility that will enable an electric vehicle with a
swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery
through a fully automated process, which meets or exceeds any standards, codes, and regulations set
forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540.
"Bed and breakfasts" shall mean an owner-occupied dwelling or accessory building within which no
more than seven bedrooms are available for paying guests on a daily basis.
"Biologist" means a person who has a minimum of a bachelor of science degree in biological sciences or
a related field from an accredited college or university and two or more years of experience; or a person
who has five or more years of experience as a practicing biologist.
"Binding site plan" is a drawing to scale which (a) identifies and shows the areas and locations of all
streets, roads, improvements, utilities, open spaces, and any other matters identified in chapter 20.94
herein; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions
for the use of the land as are established by the decision-maker with authority to approve the site plan;
and (c) contains provisions making any development be in conformity with the site plan.
"Block" is a group of lots, tracts or parcels within well-defined and fixed boundaries.
"Book, stationery, video, and art supply store" shall mean an establishment engaged in the retail sale of
books and magazines, stationery, video, and art supplies, including uses located in SIC industry numbers:
(1) 5942 - Book stores;
(2) 5943 - Stationery stores;
(3) 5999 - Architectural supplies and artists' supply and materials stores; and
(4) 7841 - Video tape rental.
"Board" shall mean the design review board ("DRB") which reviews development applications in the
downtown overlay district and makes recommendations to the development director or designee. Also
see Chapter 2.76 POMC.
"Bond" shall mean a form of security provided by a bonding company in an amount and form
satisfactory to the city attorney, intended to ensure that required improvements are installed and/or
maintained, and/or to otherwise guarantee compliance with applicable provisions of this Title.
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"Boundary line adjustment" means a division made for the purpose of alteration by adjusting boundary
lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel,
site or division nor create any lot, tract, parcel, site or division which contains insufficient area and
dimensions to meet minimum requirements for width and area for a buildable lot pursuant to this Title.
"Brushing" means an allowed practice of removing ground cover, shrubs and vegetation not defined as a
tree to create better visibility on a site for purposes of public safety, surveying or marketing.
"Buffer" means a nonclearing native vegetation area which is intended to protect the functions and
values of critical areas.
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"Building" shall mean any structure used or intended for supporting or sheltering any use or occupancy.
"Building area" shall mean the area included within the surrounding interior walls of a building or
portion thereof, exclusive of courts.
"Building coverage" shall mean the area of a lot that is covered by the total horizontal surface area of
the roof of a building.
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"Building envelope" shall mean the area of a lot that delineates the limits of where a building may be
placed on the lot.
"Building facade" shall mean that portion of any exterior elevation of a building extending from the
grade of the building to the top of the parapet wall or eaves for the entire width of the building
elevation.
"Building, hardware, and garden materials store" shall mean an establishment engaged in selling lumber
and other building materials, feed, and lawn and garden supplies, including but not limited to uses
located in SIC major group number 52 - Building materials, hardware, garden supply, excluding mobile
home dealers.
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"Building Height" shall mean, except when otherwise specified in this code, the vertical distance from
grade plane to the average height of the highest roof surface.
"Building official" shall mean the city employee designated as the building official, or the consultant to
the city who has been designated by contract as the building official.i
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"Building permit" shall mean the permit required for new construction and additions pursuant Title 20
Subtitle X. The term "building permit," as used herein, shall not be deemed to include: permits required
for temporary dwellings, permits required for remodeling, rehabilitation, or other improvements to an
existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in the
applicable unit of measure (for nonresidential construction) or number of dwelling units (for residential
construction) resulting therefrom.
"Building setback line" means a line parallel to the front property line in front of which no structure shall
be erected. The location of such line shall be determined from the regulations of the zoning ordinance
of the city.
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"Building site" means the physical portion of the real property upon which the structures are situated
within one lot, and which portion of the lot satisfies the applicable zoning code standards for physical
placement, lot coverage, construction of structures, critical areas buffers and setbacks, and all other
location and dimensional requirements for the structures.
"Bulk retail" shall mean an establishment offering the sale of bulk goods to the general public, including
limited sales to wholesale customers. These establishments may include a variety of lines of
merchandise including food, building, hardware and garden materials, dry goods, apparel and
accessories, home furnishings, housewares, drugs, auto supplies, hobby, toys, games, photographic, and
electronics.
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"Capital facilities" means the facilities or improvements included in a capital facilities plan.
"Business or occupation of outdoor advertising" shall mean the business of renting or selling space by
the owner of any billboard or outdoor advertising structure to any other party for a valuable
consideration.
"Caliper" means the diameter of a tree trunk, applied only to new or replacement nursery-grown trees,
measured six inches above the ground for up to and including four-inch caliper size trees and 12 inches
above the ground for larger sizes.
"Campground" shall mean an area of land on which accommodations for temporary occupancy such as
tents or recreational vehicles without hook-up facilities are permitted and which is used primarily for
recreational purposes on an extended basis over a season or year-round and/or as a commercial
activity.
"Capital facilities" means the facilities or improvements included in a capital facilities plan.
"Capital facilities plan" means the capital facilities plan element of the city's comprehensive plan
adopted pursuant to Chapter 36.70A RCW and RCW 36.70A.070, and any amendments to the plan,
which may include by reference a capital facilities plan of the school district within the city.
"Cattery" shall mean a place where adult cats are temporarily boarded for compensation, whether or
not for training. An adult cat is of either sex, altered or unaltered, that has reached the age of six
months.
"Cemetery, columbarium or mausoleum" shall mean land or structures used for burial of the dead. For
purposes of this code, pet cemeteries are considered a subclassification of this use.
"Charging levels" means the standardized indicators of electrical force, or voltage, at which an electric
vehicle's battery is recharged. The terms 1, 2, and 3 are the most common EV charging levels, and
include the following specifications:
(1) Level 1 is considered slow charging.
(2) Level 2 is considered medium charging.
(3) Level 3 is considered fast or rapid charging.
"Church, synagogue or temple" shall mean a place where religious services are conducted, and including
accessory uses in the primary or accessory buildings such as religious education, reading rooms,
Ordinance No. 034-17
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assembly rooms, and residences for nuns and clergy, but excluding facilities for training of religious
orders, including uses located in SIC industry number 866.
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"City" means the City of Port Orchard, Washington.
"City clerk" shall mean the city employee appointed to that position in accordance with the provisions of
POMC Title 2.
"City Council" means the city council of the City of Port Orchard, Washington.
"City engineer" shall mean the city employee appointed to that position in accordance with the
provisions of POMC Title 2.
"Clearing" or "land clearing," for purposes of this chapter, means the direct and indirect removal of
trees, including topping and limbing, and the destruction, disturbance or removal of other vegetation
from any public or private undeveloped, partially developed, or developed lot, public lands, public right-
of-way, or utility easement by physical, chemical, or other means. This shall also include any destructive
or inappropriate activity applied to a tree or other vegetation that will result in its death or effectively
destroy the functionality. "Clearing" shall not include landscape maintenance, brushing, or pruning
consistent with accepted horticultural practices which does not impair the health, survival or function of
trees or other vegetation. Any proposed activities within a critical area or buffer requires compliance
with POMC 20.162.
"Clinic" See "Health services - Clinic,"
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"Closed record appeal" means an administrative appeal that is heard by the Hearing Examiner. See
POMC 2.76.150.
"Closed record appeal hearing" means a hearing held pursuant to POMC 2.76.150.
"Closed record public hearing" means a public hearing before the city council following an open record
hearing, in which no new evidence is considered or allowed. Oral argument shall be permitted in favor
or against the recommendation of the hearing examiner; however, such oral arguments shall be strictly
limited in accordance with this provision.
"Commission" shall mean the planning commission of the city of Port Orchard, Washington.
"Common ownership" means ownership by the same person, corporation, firm, entity, partnership or
unincorporated association, or ownership by different corporations, firms, partnerships, entities or
unincorporated associations, in which a stockbroker, partner or associate, or a member of his family
owns an interest in each corporation, firm, partnership, entity or unincorporated association.
"Communication facility - Major” shall mean a communication facility for transmission and reception of:
(1) UHF and VHF television signals;
(2) FM or AM radio signals; or
(3) Cellular radio signals.
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"Communication facility - Minor" shall mean a communication facility for transmission and reception of
two-way and/or citizen band ("CB") radio signals; point-to-point microwave signals; signals through FM
radio translators, or signals through FM radio boosters under 10 volts effective radiated power.
"Community park" shall mean those parks, trails, or recreation improvements designated in the city of
Port Orchard parks and recreation plan, Comprehensive Plan, and/or capital facilities plan.
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"Community residential facility (CRF)" shall mean living quarters meeting applicable federal and state
standards that function as a single housekeeping unit and provide supportive services for a group of
individuals comprising more than a family (eight or more individuals excluding staff), including but not
limited to counseling, rehabilitation, and medical supervision, including drug and alcohol detoxification
but excluding prisoner release participants.i
I "Community residential facility (CRF - Prisoner release)" shall mean living quarters meeting applicable
federal and state standards that function as a single housekeeping unit and provide supportive services
for a group of individuals comprising more than a family (eight or more individuals excluding staff),
including but not limited to counseling, rehabilitation, and medical supervision, excluding drug and
alcohol detoxification, specifically for prisoner release participants and programs such as halfway
houses.
"Comprehensive plan" or "Comprehensive land use plan" means a generalized coordinated land use
policy statement of the city council, adopted pursuant to Chapter 36.70A RCW.
"Comprehensive design plan" shall mean the integration into one architectural design of the building,
landscaping, and signs. "Concurrency" or "concurrent with development" means that adequate public
facilities are available when the impacts of development occur, or within a specified time thereafter.
This definition includes the concept of "adequate public facilities" as defined above. For the purposes of
transportation facilities, concurrent with development means that strategies or improvements are in
place at the time of development or that a financial commitment is in place to complete the
improvements or strategies within six years. (RCW 36.70A.070(6)(b).)
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"Conditional use" shall mean a use similar to the allowed uses in a given zone but permitted only after
review by the hearing examiner, or the city council as the case may be, and the granting of a conditional
use permit imposing such performance standards as are necessary to make the use compatible with
other allowed uses in the same vicinity and zone.
"Conditional Use Permit" shall mean the documented evidence of authority granted by the city to locate
a conditional use at a particular location.
"Condominium," pursuant to RCW 64.34.020(9), means real property, portions of which are designated
for separate ownership and the remainder of which is designated for common ownership solely by the
owners of those portions. Real property is not a condominium unless the undivided interests in the
common elements are vested in the unit owners, and unless a declaration and a survey map and plans
have been recorded against the property, pursuant to this Title and other applicable law. Also see
"Dwelling unit - condominium" regarding residential condominiums.
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"Conference center" shall mean an establishment developed primarily as a meeting facility, including
facilities for recreation, overnight lodging, and related activities provided for conference participants.
"Consistency" means that no feature of a plan or regulation is incompatible with any other feature of a
plan or regulation. Consistency is indicative of a capacity for orderly integration or operation with other
elements in a system.
"Construction - New" shall mean structures for which the start of construction commenced on or after
the effective date of the ordinance codified in this title and preceding ordinances.
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"Cottage Industry" See "Home (cottage) industry,"
"Council" See "City Council"
"Courtyard" shall mean a space, open and unobstructed to the sky, located at or about grade level on a
lot
and bounded on three or more sides by walls of a building.
"Coverage - Site" shall mean the percentage of the area of a lot or site that is built upon or covered over
with impervious materials.
"Critical areas" shall mean any of those areas in the city which are subject to natural hazards or those
lands with features which support unique, fragile, or valuable natural resources including fish, wildlife,
and other organisms and their habitat and such resources which in their natural state carry, hold or
purify water.
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"Critical areas" means those areas identified as:j
(1) Wetlands;
(2) Areas with a critical recharging effect on aquifers used for potable water;
(3) Fish and wildlife habitat conservation areas;
(4) Geologically hazardous areas; and
(5) Frequently flooded areas.
"Critical facilities" means those facilities necessary to protect the public health, safety and welfare which
are defined under the occupancy categories of essential facilities, hazardous facilities and special
occupancy structures in the Uniform Building Code, Table No. 23-K (1988). These facilities include but
are not limited to schools, hospitals, police stations, fire departments and other emergency response
facilities, and nursing homes. Critical facilities also include sites of hazardous material storage or
production.
"Critical root zone" is the area where the tree's roots are located and is the area surrounding a tree
measured at a radial distance from the trunk equal to one foot for every one-inch diameter of tree.
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"Cul-de-sac" shall mean a road closed at one end by a circular area of sufficient size for turning large
emergency response vehicles.
"Daycare" shall mean an establishment for group care of nonresident adults or children. Daycare shall
include, but not be limited to, SIC industry number 835 - Child daycare services, SIC industry number
8322 - Adult daycare centers and the following:
(1) Adult daycare, such as adult day health centers or social daycare as defined by the Washington State
Department of Social and Health Services;
(2) Nursery schools for children under minimum age for education in public schools;
(3) Privately conducted kindergartens or prekindergarten when not a part of a public or parochial
school; and
(4) Programs covering before- and after-school care for school children.i
i "DBH" means diameter at breast height. DBH is a tree's diameter in inches at four and one-half feet
above the ground at the lowest point surrounding the trunk, and is used to measure existing trees on a
site. On multi-stemmed or multi-trunked trees, the diameter shall be the diameter equivalent to the
sum of trunk areas measured at DBH.
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"Dedication" is the deliberate appropriation of land or rights in land by its owner for any general and
public use, reserving to himself or herself no other rights than such as are compatible with the full
exercise and enjoyment of the public use to which the property has been devoted. The intention to
dedicate shall be evidenced by deed, or other instrument of conveyance, or by dedication on a duly filed
and recorded plat (or short plat). Dedications by Short Plat may require City Council acceptance.
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"Density" means:
(1) "Density (gross)" shall mean the acreage of a lot or parcel multiplied by the stated permitted allowed
units per acre.
(2) "Density (net)" shall mean the acreage of a lot or parcel minus critical areas multiplied by the density
credits as described in POMC 20.122.040.
"Department" "Department" means the City of Port Orchard, Washington Department of Community
Development or its successor agency, unless otherwise specified.
"Department and variety store" shall mean an establishment engaged in the retail sale of a variety of
lines of merchandise, such as dry goods, apparel and accessories, home furnishings, housewares, and
including uses located in SIC major group and industry numbers:
(1) 53 - General merchandise;
(2) 5947 - Gift, novelty, and souvenir shops; and
(3) 5948 - Luggage and leather goods stores.
"Design review board" or "Board" shall mean the advisory board that makes design recommendations
to the city council on downtown overlay district applications; see POMC 20.38.228.
"Destination resort" shall mean an establishment for resource-based recreation and intended to utilize
outdoor recreational opportunities, including related services, which may include food, overnight
lodging, equipment rentals, entertainment and other conveniences for guests of the resort.
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"Detention facilities" means stormwater facilities designed to store runoff while gradually releasing it at
a predetermined controlled rate. "Detention facilities" shall include all appurtenances associated with
their designed functions, maintenance and security.
"Developer" shall mean the person or entity that owns or has development control over property for
which development activity is proposed.
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"Development activity" or "development" means any construction or expansion of a building, structure, or
use, and change in the use of a building or structure, or any changes in the use of the land that creates
additional demand for public facilities (such as a change which results in an increase in the number of vehicle
trips to and from the property, building or structure) and requires a development permit from the city. (RCW
82.02.090(1).)
"Development agreement" means the agreements authorized in RCW 36.70B.170.
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!"Development approval" shall mean any written authorization from the city which authorizes the
commencement of a development activity.
"Development approval authority" shall mean the city official or tribunal having code authority to
approve a development.
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"Development site" shall mean the legal boundaries of the parcel or parcels of land for which an
applicant has or should have applied for authority from Port Orchard to carry out a development
activity.
"Director" or "development director" means the Community Development Director of the City of Port
Orchard or his or her duly authorized designee, or as otherwise indicated in this title.
"Dock" shall mean a floating or fixed platform used as a landing place for marine transport or for
recreational purposes and attached to the shore or a fixed pier by a loosely coupled ramp.
"Domestic water system" means any system providing a supply of potable water which is deemed
adequate pursuant to RCW 19.27.097 for the intended use of the development.
"Dormitory" shall mean a residential building that provides sleeping quarters, but not separate dwelling
units, and may include common dining, cooking, and recreation or bathing facilities.
"Downtown marquee" shall mean the marquee located at the 700 and 800 blocks of Bay Street and
adjacent streets and was constructed with funds from LID No. 65.
"Drip line" of a tree means an imaginary line on the ground created by the vertical projection of the
foliage at its greatest circumference.
"Drop box facility" shall mean a facility used for receiving solid waste and recyclables from off-site
sources into detachable solid waste containers, including the adjacent areas necessary for entrance and
exit roads, unloading, and vehicle turnaround areas. Drop box facilities normally service the general
public with loose loads and may also include containers for separated recyclables.
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"Drug store" shall mean an establishment engaged in the retail sale of prescription drugs,
nonprescription medicines, cosmetics, and related supplies, including uses located in SIC industry group
and numbers:
(1) 591 - Drug stores and proprietary stores;
(2) 5993 - Tobacco stores and stands; and
(3) 5999 - Cosmetics stores.
"Dwelling unit" shall mean one or more rooms designed for occupancy by a person or family for living
and sleeping purposes, containing kitchen facilities, lavatory, and closet, and rooms with internal
accessibility, for use solely by the dwelling's occupant, including but not limited to bachelor, efficiency,
and studio apartments, and modular and manufactured homes.
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"Dwelling unit - Condominium" shall mean a residential development or structure designed for common
ownership by more than one family household that is built or developed in combination with other
residential structures. Each dwelling unit in the development or structure is built exclusively for
occupancy by a single family with separate utility services and no other uses except accessory activities.
However, a portion of or all of the unit owners may share title and responsibilities for common property,
site, and/or building improvements. Condominiums may be designed and developed about every type of
residential structure including single-family detached, single-family attached, and multifamily.
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I "Dwelling unit - Group: senior citizen assisted" shall mean a building containing two or more dwelling
units restricted to occupancy by senior citizens and including, but not limited to, the following support
services: food preparation and dining areas; group activity areas; medical supervision; attendant staff
living quarters; and similar activities.i
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"Dwelling unit - Manufactured home" shall mean a single-family residence constructed in accordance
with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured
housing and bearing the appropriate insignia indicating such compliance. Such structure shall meet the
following requirements:
(1) Is comprised of at least two fully enclosed parallel sections, each of not less than 12 feet wide by 36
feet long; and
(2) Was originally constructed with and now has a composition of wood shake or shingle, coated metal,
or similar roof of not less than 3:12 pitch; and
(3) Has exterior siding similar in appearance to siding materials commonly used on conventional site-
built Uniform Building Code single-family residences (no bare or painted metal); and
(4) Must be permanently installed and affixed to a foundation system in accordance with Chapter 296-
150B WAC as administered by the state Department of Labor and Industries. Such installations shall
include approved connections to all appropriate utilities; and
(5) Must meet the thermal equivalent of not less than the State Energy Code and therefore be classified
as a "super good sense home."
"Dwelling unit - Mobile home" shall mean a single-family residence transportable in one or more
sections that are eight feet or more in width and 32 feet or more in length, built on a permanent chassis,
designed to be used as a permanent dwelling and constructed after June 15,1976. Mobile homes do not
include recreational vehicles.
Ordinance No. 034-17
Page 14 of 46
"Dwelling unit - Modular home" shall mean a structure constructed in a factory in accordance with the
Uniform Building Code and bearing the appropriate insignia indicating such compliance. This definition
includes "prefabricated," "panelized," and "factory-built" homes. Such structure shall meet the
following requirements:
(1) Is comprised of at least two fully enclosed parallel sections, each of not less than 12 feet wide by 36
feet long; and
(2) Was originally constructed with and now has a composition of wood shake or shingle, coated metal,
or similar roof of not less than 3:12 pitch; and
(3) Has exterior siding similar in appearance to siding materials commonly used on conventional site-
built Uniform Building Code single-family residences (no bare or painted metal); and
(4) Be permanently installed and affixed to a foundation system in accordance with Chapter 296-
150B WAC as administered by the state Department of Labor and Industries. Such installations shall
include approved connections to all appropriate utilities.
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"Dwelling unit - Multifamily" shall mean a residential structure designed for occupancy by more than
one family household that is built in combination with other residential structures. Each dwelling unit in
the structure is built exclusively for occupancy by a single family with no other uses except accessory
activities. However, a multifamily structure may share one or more common walls and stack units on
multiple floors. Multifamily residential structures may be clustered on a site, located on a lot line (zero-
lot line), and include stacked multiplex, garden apartment, and other prototypes.
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"Dwelling unit - Mixed use" shall mean a building containing two or more dwelling units which may be
organized in stacked arrangements (multiple floors), or in buildings with nonresidential uses, such as a
mixed-use structure with retail, office or other uses on the ground or lower floors.
"Dwelling unit - Single-family attached" shall mean a building containing one dwelling unit that occupies
space from the ground to the roof and is attached to one or more other townhouse dwellings by
common walls which may be located on lot lines. May include buildings with a varying number of units
that share one or more sidewalls such as patio house, atrium house, duplex, quadplex, and multiplex or
townhouse. A duplex may be two stacked units.
"Dwelling unit - Single-family detached" shall mean a detached building containing one dwelling unit.
The unit is built exclusively for occupancy by a single family with no other uses except accessory
activities between the lowest or ground floor level and the upper level or roof. This includes stick-built,
manufactured and modular homes. May be arranged in a variety of lot configurations including zero lot
line, village, and cluster.
"Easement" shall mean a right granted by the owner of land to another party for specific limited use of
that land.
"Earth station - Major" shall mean a communication facility that transmits and/or receives signals to
and from an orbiting satellite using satellite dish antennas that are larger than 12 feet in diameter.
"Elderly" shall mean a person aged 62 and one-half or older.
Ordinance No. 034-17
Page 15 of 46
"Electric scooters and motorcycles" means any two-wheel vehicle that operates exclusively on electrical
energy from an off-board source that is stored in the vehicle's batteries and produces zero emissions or
pollution when stationary or operating.
"Electric vehicle" means any vehicle that operates, either partially or exclusively, on electrical energy
from the grid, or an off-board source, that is stored on-board for motive purpose. "Electric vehicle"
includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric
vehicle; and (4) a medium-speed electric vehicle.
"Electric vehicle charging station" means a public or private parking space that is served by battery
charging station equipment that has as its primary purpose the transfer of electric energy (by conductive
or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle
charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an
accessory use to any principal use.
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"Electric vehicle charging station - Restricted" means an electric vehicle charging station that is (1)
privately owned and restricted access (e.g., single-family home, executive parking, designated employee
parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public).
"Electric vehicle charging station - Public" means an electric vehicle charging station that is (1) publicly
■ owned and publicly available (e.g., park and ride parking, public library parking lot, on-street parking) or
(2) privately owned and publicly available (e.g., shopping center parking, nonreserved parking in
multifamily parking lots).
"Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to
support an electric vehicle, including battery charging stations, rapid charging stations, and battery
exchange stations.
"Electric vehicle parking space" means any marked parking space that identifies the use to be exclusively
for the parking of an electric vehicle.
"Energy resource recovery facility" shall mean an establishment for recovery of energy in a usable form
from mass burning or refuse-derived fuel incineration, pyrolysis or any other means of using the heat of
combustion of solid waste.
"Enhancement" means actions performed to improve the condition of an existing degraded critical area
(e.g., wetlands or streams) such that the functions or values are of a higher quality; provided, that this
activity does not significantly degrade another existing function or value.
"Equipment - Heavy" shall mean high-capacity mechanical devices for moving earth or other materials,
and mobile power units including, but not limited to:
(1) Carryalls;
(2) Graders;
(3) Loading and unloading devices;
(4) Cranes;
(5) Drag lines;
(6) Trench diggers;
Ordinance No. 034-17
Page 16 of 46
(7) Tractors;
(8) Augers;
(9) Bulldozers;
(10) Concrete mixers and conveyers;
(11) Harvesters;
(12) Combines; or
(13) Other major agricultural equipment and similar devices operated by mechanical power as
distinguished from manpower.
"Equipment - Light" shall mean such construction machinery as chainsaws, wheelbarrows, posthole
diggers and all handheld tools.
"Erosion" means the process whereby the land surface is worn away by the action of water, wind, ice or
other geologic agents, by processes such as gravitational creep or events such as landslides caused by
natural or manmade impacts.
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"Escrow" means a deposit of cash with the City or escrow agent, pursuant to a written agreement, in
order to secure the promise to perform some act.
"Evergreen" shall mean a plant species with foliage that persists and remains green year-round.
"Examiner" see "hearing examiner."
"External buffer" means a naturally vegetated area or vegetated area along the exterior boundaries of
an entire development processed in accordance with a subdivision application which is landscaped and
maintained as open space in order to eliminate or minimize conflicts between such development and
adjacent land uses.
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"Fabric shop" shall mean an establishment engaged in the retail of sewing supplies and accessories,
including uses located in SIC industry numbers:
(1) 5949 - Sewing, needlework, and piece goods stores; and
(2) Awning shops, banner shops, and flag shops found in 5999.
"Facade" shall mean the entire building front or street wall face, including grade, to the top of the
parapet or eaves and the entire width of the building elevation.
"Fairground" shall mean a site permanently designated and improved for holding a county fair, as
provided in Chapters 15.76 and 36.37 RCW, or for holding similar events, including but not limited to:
(1) Carnivals;
(2) Circuses;
(3) Expositions;
(4) Animal shows; and
(5) Exhibitions and/or demonstrations of farm and home products with accompanying entertainment
and amusements.
Ordinance No. 034-17
Page 17 of 46
"Factory-built commercial building'' shall mean any structure that is either entirely or substantially
prefabricated or assembled at a place other than a building site and designed or used for nonresidential
human occupancy.
!"Family" shall mean an individual; two or more persons related by blood or marriage; a group of eight or
fewer residents, who are not related by blood or marriage, living together as a single housekeeping unit.
For purposes of this definition, minors living with parents shall not be counted as part of the maximum
number of residents.
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I Family - Foster" shall mean a family wherein one or more individuals is provided with room, board,
ordinary care, and supervision in a family environment, and where the parent/operator is licensed by
the state and is not legally related to the individuals supervised.
"Fee" or "filing fee" shall mean the fee for filing an application, as said fee is established annually by
resolution of the city council. Unless otherwise indicated, all fees must be paid at the time the
application is submitted to the city.
"Feed store" shall mean an establishment engaged in retail sale of supplies directly related to the day-
to-day activities of agricultural production.
"Fence" shall mean a barrier for the purpose of enclosing space or separating lots, composed of: wood,
metal or concrete posts connected by boards, rails, panels, wire, mesh, masonry, or concrete, excluding
retaining walls.
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"Financial commitment" means those sources of public or private funds or combinations thereof that
have been identified as sufficient to finance public facilities necessary to support development and that
there is reasonable assurance that such funds will be timely put to that end.
"Final plat" See Plat Final.
"Floor - Ground" shall mean the ground floor of a building defined as the three-dimensional interior
building space which sits immediately above the basement, crawl space, or floor slab and below the
ceiling or joists supporting a roof or second floor and which is nearest in floor elevation to the lowest
street elevation located adjacent to the parcel on which the building is located. This includes any loft
space.
"Floor - Lowest" shall mean the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage,
in an area other than basement area, is not considered a building's lowest floor; provided, that such
enclosure is not built so as to render the structure in violation of the applicable nonelevation design
requirements of this code.
"Floor - Second" shall mean the second floor defined as the three-dimensional interior building space
which sits above the ground floor and which is not a loft.
"Florist shop" shall mean an establishment engaged in the retail sale of flowers and plants, including
uses located in SIC industry numbers:
(1) 5992 - Florists; and
Ordinance No. 034-17
Page 18 of 46
(2) 5999 - Artificial flowers.
"Forest land" shall mean land devoted primarily to growing and harvesting forest and timber products
and designated as a forest production district.
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"Forest Practice" means any activity conducted on or directly pertaining to forest land and relating to
growing, harvesting, or processing timber, or removing forest biomass, including but not limited to:!
Activities in and over typed water;
Road and trail construction;
Harvesting, final and intermediate;
Precommercial thinning;
i Reforestation;
Fertilization;
Prevention and suppression of diseases and insects;
Salvage of trees; and
Brush control.
'Forest practice' shall not include: Forest species seed orchard operations and intensive forest nursery
operations; or preparatory work such as tree marking, surveying and road flagging; or removal or harvest of
incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and
other products which cannot normally be expected to result in damage to forest soils, timber or public
resources.
"Forest product sales" shall mean the sale of goods produced, extracted, consumed, gathered or
harvested from a forest including, but not limited to:
(1) Trees;
(2) Logs;
(3) Fuel wood;
(4) Cones;
(5) Christmas trees;
(6) Berries;
(7) Herbs; or
(8) Mushrooms.
"Forest research" shall mean the performance of scientific studies relating to botany, hydrology,
silviculture, biology, and other branches of science in relation to management of forest lands, including
but not limited to SIC industry numbers:
(1) 8731 - Commercial physical and biological research;
(2) 8733 - Noncommercial research organizations; and
(3) 8734-Testing laboratories.
Ordinance No. 034-17
Page 19 of 46
"Furniture and home furnishings store" shall mean an establishment engaged in the retail sale of
household furniture and furnishings for the home, including uses located in SIC major group and
industry numbers: 57 - Home furniture, furnishings, and equipment stores.
"General business service" shall mean an establishment engaged in providing services to businesses or
individuals, with no outdoor storage or fabrication, including uses located in SIC major group numbers:
(1) 60 - Depository institutions;
(2) 61 - Nondepository credit institutions;
(3) 62 - Security and commodity brokers, dealers, exchanges, and services;
(4) 653 - Real estate agents and managers;
(5) 7299 - Miscellaneous personal services, not elsewhere classified;
(6) 73 - Business services, except industry group and industry numbers 7312 - Outdoor advertising
services;
(7) 35 - Miscellaneous equipment rental and leasing; and
(8) 86 - Membership organizations, including administrative offices of organized religions found in 8661,
but excluding churches and places of worship.
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"Geologist" means a person who has a bachelor of science degree in geologic sciences from an
accredited college or university and has a minimum of four years' experience in soil or slope evaluation
under the direct supervision of a practicing geologist or licensed geotechnical engineer.
"Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil
engineer with the state of Washington, with professional training and experience in geotechnical
engineering, including at least four years' professional experience in evaluating geologically hazardous
areas.
"Golf facility" shall mean a recreational facility, under public or private ownership, designed and
developed for uses including, but not limited to:
(1) A golf course;
(2) Driving range;
(3) Pro shops;
(4) Caddyshack buildings;
(5) Restaurants;
(6) Office and meeting rooms; and
(7) Related storage facilities.
"Grade Plane" shall mean a reference plane representing the average of the finished ground level
adjoining the building at its exterior walls. Under conditions where the finished ground level slopes
significantly away from the exterior walls, that reference plane is established by the lowest points of
elevation of the finished surface of the ground within an area between the building and lot line, or
where the lot line is more than 6 feet (1829 mm) from the building, between the building and a line 6
feet (1829 mm) from the building."
"Grading" means any excavating, filling, grubbing, recontouring or removal of earth materials on the
surface layer or any combination thereof.
Ordinance No. 034-17
Page 20 of 46
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"Grazing area" shall mean any open land area used to pasture livestock in which forage is maintained at
an average height of three inches over 80 percent of the area.
"Ground cover" means any living plant material normally terrestrial, growing low to the ground, or other
small trees less than four inches in Diameter Breast Height (DBH) and not defined as a tree, all of which
are intended to stabilize soils and protect erosion.
"Group home: senior citizen assisted”: see "Dwelling unit - group: senior citizen assisted.
"Growth Management Act - GMA" shall mean the Growth Management Act (GMA), Chapter 17, Law of
1990, First Extended Session, Chapter 36.70A RCW et seq., and Chapter 32 Laws of 1991, First Special
Session, RCW 82.02.050 et seq., as now in existence or hereafter amended.
"Grubbing" means the removal of vegetative matter from underground, such as sod, stumps, roots,
buried logs, or other debris, and shall include the incidental removal of topsoil to a depth not exceeding
12 inches.
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"Hard surface" shall mean an impervious surface, a permeable pavement, or a vegetated roof.
"Hazardous household substance" shall mean a substance as defined in RCW 70.105.010.
"Hazardous waste" shall mean all dangerous and extremely hazardous waste as defined in
RCW 70.105.010(15), or its successor, except for moderate risk waste as set forth in
RCW 70.105.010(17), or its successor.
"Hazardous waste - Storage" shall mean the holding of hazardous waste for a temporary period, as
regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC, or its successor.
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"Hazardous waste - Treatment" shall mean the physical, chemical, or biological processing of hazardous
waste for the purpose of rendering wastes nondangerous or less dangerous, safer for transport,
amenable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations,
Chapter 173-303 WAC, or its successor.
"Hazardous waste - Treatment and storage facility off-site" shall mean treatment and storage facilities
that treat and store hazardous wastes generated on a property other than those on which the off-site
facilities are located.
"Hazardous waste - Treatment and storage facility on-site" shall mean treatment and storage facilities
that treat and store hazardous wastes generated on the same property.
"Hazard tree," means any tree determined by an arborist to have a structural defect, combination of
defects, or disease, resulting in the loss of a major structural component of that tree in a manner that
will:
(1) Damage a residential structure or accessory structure, place of employment or public assembly, or
approved parking for a residential structure or accessory structure or place of employment or public
assembly;
(2) Damage an approved road or utility facility; or
(3) Prevent emergency access in the case of medical hardship.
Ordinance No. 034-17
Page 21 of 46
"Health services - Clinic" shall mean establishments primarily engaged in furnishing medical, surgical,
and other health services to persons. Establishments or associations or groups, such as health
maintenance organizations (HMOs), primarily engaged in providing medical or other health services to
members are included except those which limit their services to insurance. Includes hospices, offices
and clinics for doctors of medicine, dentists, doctors of osteopathy, chiropractors, optometrists,
podiatrists, and health practitioners not classified elsewhere.
"Healthy soil" shall mean soil that is of good quality with the capacity to sustain plant, animal, and
human life by providing nutrients, air and water space to infiltrate, pollutant absorption and filtering,
and habitat.
"Hearing examiner" means a person appointed to hear or review certain land use decisions pursuant to
Article XI, Section 11 of the Washington State Constitution, Chapters 35.63 and 58.17 RCW, and Chapter
2.76 POMC.
"Heavy equipment repair" shall mean the repair and maintenance of self-powered, self-propelled or
towed mechanical devices, and equipment and vehicles used for commercial purposes, excluding:
(1) Automobiles;
(2) Recreational vehicles; and
(3) Boats and trailers, including, but not limited to:
(a) Tandem axle trucks;
(b) Graders;
(c) Backhoes;
(d) Tractor trailers;
(e) Cranes; and
(f) Lifts.
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"Helipad" shall mean a landing area designed for the landing of helicopters, including associated
parking, lighting, and related safety/security improvements.
"Heritage tree(s)" means any tree, or grove of trees, that has historical significance to a person, place or
event; has attained significant size in height, caliper or canopy spread for its age and species to be a
specimen tree; has special aesthetic qualities for its species to be unique or rare; is visible to the public
and has exceptional value to the residents of the community; and is not a hazard as defined herein.
"Hobby, toy, and game shops" shall mean establishments engaged in the retail sale of toys, games,
hobby, and craft kits, including uses located in SIC industry numbers:
(1) 5945 - Hobby, toy, and game shops; and
(2) 5999 - Autograph and philatelist supply stores, coin shops, and stamps, philatelist-retail (except mail
order).
"Home (cottage) industry" shall mean a limited-scale activity undertaken for financial gain with some
on-site service or sales or fabrication, which occurs in a dwelling unit or residential accessory building, or
in a barn or other resource accessory building and is subordinate to the primary use of the premises as a
residence or farm in accordance with the provisions of Chapter 20.60 POMC.
Ordinance No. 034-17
Page 22 of 46
"Home - Manufactured" shall mean a single-family residence constructed in accordance with the U.S.
Department of Housing and Urban Development (HUD) requirements for manufactured housing and
bearing the appropriate insignia indicating such compliance. Such structure shall meet the following
requirements:
(1) Is comprised of at least two fully enclosed parallel sections, each of not less than 12 feet wide by 36
feet long; and
(2) Was originally constructed with and now has a composition of wood shake or shingle, coated metal,
or similar roof of not less than 3:12 pitch; and
(3) Has exterior siding similar in appearance to siding materials commonly used on conventional site-
built Uniform Building Code single-family residences (no bare or painted metal); and
(4) Must be permanently installed and affixed to a foundation system in accordance with Chapter 296-
150B WAC as administered by the state Department of Labor and Industries. Such installations shall
include approved connections to all appropriate utilities; and
(5) Must meet the thermal equivalent of not less than the State Energy Code and therefore be classified
as a "super good sense home."'!
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"Home - Mobile" shall mean a single-family residence transportable in one or more sections that are
eight feet or more in width and 32 feet or more in length, built on a permanent chassis, designed to be
used as a permanent dwelling and constructed after June 15,1976. Mobile homes do not include
recreational vehicles.
"Home - Modular" shall mean a structure constructed in a factory in accordance with the Uniform
Building Code and bearing the appropriate insignia indicating such compliance. This definition includes
"prefabricated," "panelized," and "factory-built" homes. Such structure shall meet the following
requirements:
(1) Is comprised of at least two fully enclosed parallel sections, each of not less than 12 feet wide by 36
feet long; and
(2) Was originally constructed with and now has a composition of wood shake or shingle, coated metal,
or similar roof of not less than 3:12 pitch; and
(3) Has exterior siding similar in appearance to siding materials commonly used on conventional site-
built Uniform Building Code single-family residences (no bare or painted metal); and
(4) Must be permanently installed and affixed to a foundation system in accordance with Chapter 296-
150B WAC as administered by the state Department of Labor and Industries. Such installations shall
include approved connections to all appropriate utilities.
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"Home occupation" shall mean a limited-scale activity undertaken for financial gain with some on-site
sales or service which occurs in a dwelling unit or accessory building and is subordinate to the primary
use of the premises as a residence in accordance with the provisions of Chapter 20.60 POMC.
"Home park or subdivision - Mobile" shall mean a parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale.
"Home profession" shall mean a limited-scale activity undertaken for financial gain with no on-site
fabrication, service or sales, which occurs in a dwelling unit or accessory building and is subordinate to
the primary use of the premises as a residence in accordance with the provisions of
Chapter 20.60 POMC.
Ordinance No. 034-17
Page 23 of 46
"Hospitals" shall mean establishments primarily engaged in providing diagnostic services, extensive
medical treatment including surgical services, and other hospital services, as well as continuous nursing
services. These establishments have an organized medical staff, inpatient beds, and equipment and
facilities to provide complete health care. Does not include convalescent homes.I
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"Hotels" and "motels" shall mean commercial establishments with more than seven guest rooms,
known to the public as hotels, motor hotels, motels, or tourists' courts, primarily engaged in providing
lodging, or lodging and meals, for the general public; includes hotels that are operated by membership
organizations and are open to the general public.I
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"Hotels - Rooming and boarding houses" shall mean establishments primarily engaged in renting rooms,
with or without board, on a fee basis. Does not include lodging houses and hotels operated by
membership organizations for the benefit of their constituents and not open to the general public.I
"Houseboat" shall mean a watercraft structure designed primarily to be occupied as a dwelling unit that
does not have a motor but is provided with sewer and water hookups.I
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I "Hydroelectric generation facility" shall mean an establishment for the generation of electricity using
water sources.I
"Impact" shall mean any additional demand and need for public facilities or services that is reasonably
related to the proposed development.
"Impact fee" means the amount of money determined necessary by the city or the school district and
imposed upon new development activity as a condition of development approval or permitting to pay
for public facilities needed to serve new growth and development, and that is reasonably related to the
new development that creates the additional demand and need for public facilities, that is a
proportionate share of the cost of the public facilities and that is used for facilities that reasonably
benefit the new development. "Impact fee" does not include a reasonable permit or application fee.
(RCW 82.02.090(3).)
"Impervious surface" shall mean a non-vegetated or compacted surface area that either prevents or
retards the entry of water into the soil mantle as it entered under natural conditions preexistent to
development, or a non-vegetated or compacted surface area which causes water to run off the surface
in greater quantities or at an increased rate of flow from that present under natural conditions
preexistent to development. Common impervious surfaces include, but are not limited to, rooftops,
concrete or asphalt paving, paved walkways, patios, compacted gravel, driveways, parking lots and
storage areas, packed earthen materials, and oiled, macadam, or other surfaces which similarly impede
the natural infiltration of surface water.
"Individual transportation and taxi" shall mean an establishment engaged in furnishing individual or
small group transportation by motor vehicle, including uses located in SIC industry group and numbers:
(1) 412 -Taxicabs; and
(2) 4119 - Local passenger transportation, not elsewhere classified.
"Interim recycling facility" shall mean a site or establishment engaged in collection or treatment of
recyclable materials, which is not the final disposal site, and including:
Ordinance No. 034-17
Page 24 of 46
(1) Drop boxes;
(2) Source-separated, organic waste processing facilities; and
(3) Collection, separation, and shipment of glass, metal, paper or other recyclables to others who will
reuse them or use them to manufacture new products.
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"ISA" means International Society of Arboriculture.
"Jail" shall mean a facility operated by a governmental agency designed, staffed, and used for the
incarceration of persons for the purpose of punishment, correction, and rehabilitation following
conviction of an offense.
"Jail farm" shall mean a farm or camp on which persons convicted of minor law violations are confined
and participate in agriculture and other work activities of the facility.
"Jewelry store" shall mean an establishment engaged in the retail sale of a variety of jewelry products,
including uses located in SIC industry numbers:
(1) 5944 - Jewelry stores; and
(2) Gemstones and rock specimens found in 5999.
"Kennel" shall mean a place where adult dogs are temporarily boarded for compensation, whether or
not for training. An adult dog is one of either sex, altered or unaltered, that has reached the age of six
months.
"Landfill" shall mean a disposal site or part of a site at which refuse is deposited.
"Landing field" shall mean a runway or landing area which is designed, used or intended to be used by
private fixed wing aircraft, including necessary taxiways, storage, and tie-down areas.
"Landscape architect" means an individual currently licensed by the State of Washington as a landscape
architect.
"Landscaping is an area devoted to or developed and maintained predominantly with native or non-native
plant materials including lawn, groundcover, trees, shrubs, and other plant materials; and also including
accessory decorative outdoor landscape elements such as ornamental pools, fountains, paved or decorated
surfaces (excluding driveways, parking, loading, or storage areas), and sculptural elements."
"Landslide" shall mean episodic down-slope movement of a mass of soil or rock including snow
avalanches.
"Legal nonconforming use" means a use which was lawful under the City Municipal Code when
established, and which has lawfully existed and been maintained thereafter, although it does not
comply with the current City Zoning and Building Codes. The use of property must actually be
established on the effective date of the Code to qualify as a nonconforming use thereafter. To establish
a valid nonconforming use, the use must have been more than intermittent or occasional prior to the
change in the Code.
"Legal nonconforming structure" means a structure is a structure which was lawful under the City
Municipal Code when established, which lawfully existed and has been maintained thereafter, although
Ordinance No. 034-17
Page 25 of 46
the structure could not be built under the current City Zoning and Building Codes by reason of
restrictions on lot area, lot coverage, height, yard, equipment, access, parking, landscaping, its location
on the lot or any other development standards in the current Codes.
I "Level of service" means an established minimum capacity of public facilities or services that must be
provided per unit of demand or other appropriate measure of need.
"Livestock" shall mean grazing animals kept either in open fields or structures for training, boarding,
home use, sales, or breeding, and production, including but not limited to cattle, riding and draft horses,
hogs, sheep, and goats.
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!1I "Livestock - Large" shall mean cattle, horses, llamas, alpaca, and other livestock generally weighing over
500 pounds.
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"Livestock-Small" shall mean hogs, sheep, goats, miniature horses, llamas, alpaca, and other livestock
generally weighing under 500 pounds.
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"Loading space" shall mean a space for the temporary parking of a vehicle while loading or unloading
cargo or passengers.
"Lodging house" shall mean lodging houses and hotels operated by membership organizations for the
benefit of their constituents and not open to j:he general public. Additional information can be found
within SIC 7041.
"Loft" shall mean an upper interior space of a building typically consisting of an open unpartitioned floor
area that is accessible from the ground floor and that is below the second floor or roof.i
"Log storage" shall mean a facility for the open or enclosed storage of logs which may include repair
facilities for equipment used on site or operations offices.
"Long Subdivision" See "Subdivision."
"Lot" means a fractional part of legally divided lands having fixed boundaries, being of sufficient area
and dimension to meet minimum zoning requirements for width and area. The term shall include tracts
or parcels. For purposes of this code, adjoining lots under common ownership, which were created
without subdivision or short subdivision approval from applicable city or county governments, shall be
considered as one lot and subject to the regulations contained herein. The terms of this section shall
apply regardless of whether the individual adjoining lot meet current zoning requirements.
"Lot - Corner lot" means a lot that has frontage on more than one intersecting street. A street
that curves with angles of 120 degrees or less, measured from the center line of the street,
is considered two intersecting streets for the purpose of evaluating whether a lot is a corner
lot. See Figures below.
Corner Lots
Ordinance No. 034-17
Page 26 of 46
/T HI TLotLot /a
-------1 £LT lot Lot
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StreetA
i
I--------------1'.-.-'.
Centerline 120'I I
or less-StreetA Lot Lot
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1 1I
*
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or less
"Flag lot" means an irregular lot with two distinct parts:
-'The flag, which is the only building site; and is located behind another lot; and
- The pole, which connects the flag to the street; provides the only street frontage for
the lot; and at any point is less than the minimum lot width for the zone.
"Lot - Interior lot" means a lot which has frontage on one street only.
"Lot - Irregular lot" means one which is shaped so that application of setback requirements is difficult.
Examples include a lot with a shape which is not close to rectangular, or a lot with no readily identifiable
rear lot line, ora flag lot.
Lot Lines on Irregular Lots
Ordinance No. 034-17
Page 27 of 46
4. REAR LOT LINE------
£! LOT
S
'V LOT £s
^ LOT &c£\ .
FRONT LOT UN!
STREET
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i "Lot - Through" shall mean a lot having frontage on two parallel or approximately parallel streets.
"Lot area - Minimum" shall mean the minimum or smallest amount of total lot area in a single
ownership, expressed in square feet, necessary to satisfy the physical development standards defined in
this code.
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{"Lot lines" shall mean:
(1) "Lot front line" means that lot line at which vehicular access is off of a public right-of-way, private
street, access easement or tract;
(2) "Lot rear line" means a lot line which is opposite and most distant from the lot front line. For the
purpose of establishing the lot rear line of a triangular or trapezoidal lot, or of a lot the rear line of which
is formed by two or more lines, the following shall apply:
(a) For a triangular- or gore-shaped lot, a line 10 feet in length within the lot and farthest removed
from the lot front line and at right angles to the line comprising the depth of such lot shall be used
as the lot rear line;
(b) In the case of a trapezoidal lot, the rear line of which is not parallel to the front line, the lot
rear line shall be deemed to be a line at right angles to the line comprising the depth of such lot
and drawn through a point bisecting the recorded lot rear line;
(3) "Lot side line" means any lot boundary line not a lot front line or a lot rear line.
"Lot line - Interior" shall mean lot lines that delineate property boundaries along those portions of the
property which do not abut a street.
"Lot line interior - Zero" shall mean the elimination of one side yard setback so that a side building line
can be constructed on the lot line. Zero lot lines must be designated on a plat.
"Low impact development" means a stormwater and land management strategy that strives to mimic
pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration by
emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater
management practices that are integrated into a project design.
"Low impact development best management practices" means distributed stormwater management
practices integrated into a project design that emphasize pre-disturbance hydrologic processes of
Ordinance No. 034-17
Page 28 of 46
infiltration, filtration, storage, evaporation, and transpiration. LID BMPs include, but are not limited to,
bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and
depth, vegetated roofs, minimum excavation foundations, and water re-use.
"Low impact development principles" means land management strategies that emphasize conservation,
use of onsite natural features, and site planning to minimize impervious surfaces, native vegetation loss,
and stormwater runoff.
"Manufactured home": see "Dwelling unit - manufactured home".
"Marijuana" has the meaning established pursuant to RCW 69.50.101, as currently adopted and
hereafter amended.
"Marijuana business" or "marijuana businesses" means and incorporates all marijuana uses licensed by
the Washington State Liquor and Cannabis Board, including, but not limited to, marijuana producers,
marijuana processors, marijuana retailers, and marijuana retail outlets, each as separately defined
herein.
"Marijuana infused products" has the meaning established pursuant to RCW 69.50.101, as currently
adopted and hereafter amended.
"Marijuana processor" has the meaning established pursuant to RCW 69.50.101, as currently adopted
and hereafter amended.
"Marijuana producer" has the meaning established pursuant to RCW 69.50.101, as currently adopted
and hereafter amended.
"Marijuana retail outlet" has the meaning established pursuant to RCW 69.50.101, as currently adopted
and hereafter amended, and shall also include marijuana retailers with a medical marijuana
endorsement, as defined herein.
"Marijuana retailer" has the meaning established pursuant to RCW 69.50.101, as currently adopted and
hereafter amended.
"Marijuana retailer with a medical marijuana endorsement" has the meaning established pursuant to
RCW 69.51A.010, as currently adopted and hereafter amended.
"Marina" shall mean a water-dependent facility that provides moorage, wet and/or dry storage, and
other related sales and maintenance services, including but not limited to showers, toilets, self-service
laundries, and boat fuel, for pleasure and commercial; does not include community and public docks,
overhauls, engine pulling, or bottom painting. Live-aboards are permitted only in established marinas.
"Marina - Boat repair" shall mean an establishment providing docking, moorage space and related
activities limited to the provisioning or repair of pleasure and commercial boats and yachts, and
personal services.
Ordinance No. 034-17
Page 29 of 46!
"Marine cargo handling - Pier" shall mean a fixed structure built over the water, used as a landing place
for marine transport or for recreational purposes.
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"Marquee" see "Downtown Marquee."
i "Material error" shall mean substantive information upon which a permit decision is based that is
submitted in error or is omitted at the time of permit application.
"May" shall mean optional and permissive, and does not impose a requirement.
I "Medical marijuana cooperative" means a cooperative established and registered with the Washington
State Liquor and Cannabis Board pursuant to 69.51A RCW, and that may produce and process marijuana
for the medical use of its members pursuant to the regulations under RCW 69.51A.250, as currently
adopted and hereafter amended.Ii!
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"Medium-speed electric vehicle" means a self-propelled, electrically powered four-wheeled motor
vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is
more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the
federal regulations set forth in 49 CFR 571.500.
"Metes and bounds" means a description of real property which starts at a known point of beginning
and describes the bearings and distances of the lines forming the boundaries of the property, and is
completed when the description returns to the point of beginning.
"Mid-block connection" means a thoroughfare connecting two sides of a residential block, usually
located near the middle of said block and intended for pedestrian and bicycle use.
"Mitigation" or "mitigate" shall mean any action which avoids any negative or adverse impact, or which
ameliorates any such impact.
"Mixed-use residence": see "Dwelling unit - mixed use".
"Mobile Home": see "Dwelling unit - mobile home".
"Mobile home - Park" shall mean a tract of land developed with individual sites and facilities to
accommodate two or more mobile homes.
"Model home" means a dwelling unit used initially for display purposes which typifies the type of units
that will constructed in the subdivision and which will not be permanently occupied during its use as a
model.
"Modification - Major" shall mean a major alteration of a site plan shall include any one of the
following:
(1) Any enlargement of proposed building(s).
(2) Any site relocation of proposed building(s).
(3) Any change in exterior design.
(4) Any modification that creates new traffic circulation patterns.
Ordinance No. 034-17
Page 30 of 46
"Modular home": see "Dwelling unit - modular home".
"Monuments, tombstones, and gravestones sales" shall mean the retail sale of custom stonework
products including uses located in SIC industry number 5599 - Monuments, finished to custom order,
tombstones, and gravestones finished.
"Motor vehicle dealers" shall mean an establishment engaged in the retail sale of new and/or used
automobiles, motor homes, motorcycles, or trailers, including uses located in SIC major group and
industry group numbers:
(1) 55 - Automobile dealers and gasoline service stations, except:
(a) 553 - Auto and home supply stores;
(b) 554 - Gasoline service stations; and
(2) Aircraft dealers found in 5599.
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"Motor vehicle and bicycle manufacturing" shall mean fabricating or assembling complete passenger
automobiles, trucks, commercial cars and buses, motorcycles, and bicycles, including uses located in SIC
industry group numbers:
(1) 371 - Motor vehicles and motor vehicle equipment; and
(2) 375 - Motorcycles, bicycles, and parts.
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"Multifamily residence": see "Dwelling unit - multifamily"
"Multiple occupancy complex" shall mean a group of structures, each housing at least one retail
business, office, or commercial venture, or a single structure containing more than one separate
business entity.
"Municipal water production" shall mean the collection, processing, and transmission facilities for
municipal water systems, using surface or ground water sources.
"Mural" shall mean art renderings on exterior walls that do not advertise a business, product, service, or
activity.
"Must" shall mean the same meaning as "shall" herein, and is mandatory and imposes a requirement.
"Native vegetation" shall mean plant species that are indigenous and naturalized to the city’s region and
which can be expected to naturally occur on a site. Native vegetation does not include noxious weeds.
"Natural" shall mean:
(1) Building Materials. When used in context of the Tremont Street corridor overlay district, "natural"
means wood siding (horizontal, vertical or diagonal; no T-lll), wood shake, river cobble, slate, brick
(natural colors), stucco (as accent only), and clay tile.
(2) Colors. When used in context of the Tremont street corridor overlay district, "natural" colors are
what is commonly referred to as earthtone colors; examples of earthtone colors include almond,
bluegrass, brick, cedar beige, chamois, cobblestone, cordovan, cream, driftwood gray, gray, Monterey
pine, rose quartz, silver gray, beige, and topaz.
Ordinance No. 034-17
Page 31 of 46
"Neighborhood electric vehicle" means a self-propelled, electrically powered four-wheeled motor
vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles
per hour and conforms to federal regulations under 49 CFR 571.500.
"New evidence" shall mean any and all evidence that is submitted or received after the date the
examiner, or city council as the case may be, closes the official record. The official record is closed at the
end of the hearing, unless the examiner specifically allows the official record to remain open for a time
certain.
"Nonelectric vehicle" means any motor vehicle that does not meet the definition of "electric vehicle."
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"Nonhydroelectric generation facility" shall mean an establishment for the generation of electricity by
nuclear reaction, burning fossil fuels, wind and solar machines or other electricity generation methods.
"Noxious weed" shall mean any plant which when established is highly destructive, competitive, or
difficult to control by cultural or chemical practices (see Chapter 17.10 RCW). The state noxious weed
list in Chapter 16-750 WAC is the officially adopted list of noxious weeds by the noxious weed control
board and recognized by Port Orchard.
"Official file" shall mean:
(1) All materials accepted by the examiner, or the city council as the case may be, for purposes of the
hearing, or created during the hearing, including but not limited to:
(a) All application materials submitted by the applicant;
(b) The staff report for the hearing;
(c) All written comments received by the city prior to the hearing, or received into the official
record during the hearing;
(d) The list of persons who signed in to the public hearing indicating a desire to testify, or who
wish to be notified of a decision or recommendation on the matter;
(e) The electronic recording of the hearing on the matter, or a transcript of the electronic hearing
on the matter, certified under oath to be a transcript of the electronic recording of the hearing on
the matter;
(f) The recommendation or decision of the examiner.
(2) If a decision of the examiner is appealed to the council, the following will also be included in the
official file:
(a) The letter or notice of appeal;
(b) The staff report on the appeal;
(c) Any legal motions, briefs or other written appeal documents submitted by a party of record.
(3) If the decision of the council is appealed to superior court, the following will also be included in the
official file:
(a) The electronic recording of the appeal to council and minutes of the same, or a transcript of
the electronic hearing on the matter, certified under oath to be a true and correct transcript of
the electronic recording of the hearing on the appeal;
(b) The decision of the council.
"Official plans" shall mean the comprehensive plan, these development regulations, and other
documents adopted by the city council of the city of Port Orchard.
Ordinance No. 034-17
Page 32 of 46
"Official record" shall mean the written and oral information, exhibits, reports, testimony and other
evidence submitted in a timely manner and accepted by the examiner, or the city council, if applicable.
An electronic recording or transcript certified as a true and correct transcript of an electronic recording
of the hearing is a part of the official record.
"Off-site" means any premises not located within the area of the property proposed for a development
or use activity, whether or not in the common ownership of the applicant.
"Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the
City to conduct such hearings, that creates the City's record through testimony and submission of
evidence and information, under procedures prescribed by the hearing body or officer.
i "Open space" means a portion of land excluding building sites and parking areas which is designated and
maintained as an area for leisure, recreation and other activities normally carried on outdoors. Open
space may include greenbelt and recreational areas.
i "Open-work fence" shall mean a fence in which the solid portions are evenly distributed and constitute
no more than 50 percent of the total surface area.
"Ordinances" shall mean legislative enactments of a city or county.
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"Owner" means the owner of record of real property, although when real property is being purchased
under a real estate contract, the purchaser shall be considered the owner of the real property, if the
contract is recorded. (RCW 82.02.090(4).)
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"Parapet" shall mean that portion of a building wall which extends above the roof of the building.
"Park" shall mean a site designed or developed for recreational use by the public including, but not
limited to: indoor facilities, such as gymnasiums, swimming pools, or activity centers; and outdoor
facilities, such as playfields, courts, playgrounds, fishing and boating access areas, or picnicking and
other group activity areas, and areas and trails for hikers, equestrians, or bicyclists.
"Parks study" shall mean the studies included in the adopted comprehensive land use plan and the
adopted parks plan, and any amendments thereto, copies of which are on file with the planning
director.
"Parking lot aisle" shall mean that portion of the off-street parking area used exclusively for the
maneuvering and circulation of motor vehicles and in which parking is prohibited.
"Parking lot unit depth" shall mean the linear distance within which one parking aisle is flanked by
accessible rows of parking stalls as measured perpendicular to the parking aisle.
"Parking space" shall mean an area accessible to vehicles, improved, maintained, and used for the sole
purpose of parking a motor vehicle.
"Parking space - Off-street" shall mean a space on private property with access to a public street or alley
used to park a motor vehicle.
Ordinance No. 034-17
Page 33 of 46
"Parking space, angle” shall mean the angle measured from a reference line, generally the property line
or center line of an aisle, at which motor vehicles are to be parked.
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"Party" or "party of record" shall mean the applicant, the property owner of the property for which a
land use application has been filed, and any person who has submitted written comments or testified as
part of the official record of a land use action.
“Pavement width" means the actual paved surface measured from edge to edge of streets or alley road
surface.
"Peak hour" shall mean the hour during the morning or afternoon when the most critical level of service
occurs for a particular roadway or intersection.
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"Permit" or "Project permit" means any land use or environmental permit or license required from the
City, including, but not limited to, building permits, subdivisions, binding site plans, conditional use
permits, variances, shoreline substantial development permits, site plan review, site development
permit, design review, permits or approvals required by critical areas regulations, and site-specific
rezones.
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"Permit - Temporary use" shall mean a permit to allow a use for a limited duration and/or frequency.
"Person" means any individual, organization, society, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board, public or private institution,
governmental agency, public or private utility, cooperative, interstate body or other legal entity.
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"Personal medical supply store" shall mean an establishment engaged in the retail sale of eyeglasses,
contact lenses, hearing aids, and artificial limbs, including uses located in SIC industry numbers:
(1) 5995 - Optical goods stores; and
(2) 5999 - Hearing aids and orthopedic and artificial limb stores.
"Pervious surface" means a surface material that allows stormwater to infiltrate into the ground.
Examples include, but are not limited to, lawn, landscape, pasture, native vegetation area, and
permeable pavements.
"Pet shop" shall mean an establishment engaged in the retail sale of pets, pet supplies, or grooming of
pets, including uses located in SIC industry number 5999 - Pet shops.
"Photographic and electronic shop" shall mean an establishment engaged in the retail sale of cameras
and photographic supplies, and a variety of household electronic equipment, including uses located in
SIC industry number:
(1) 5946 - Camera and photographic supply stores; and
(2) 5999 - Binoculars and telescopes.
"Pier" shall mean a fixed structure built over the water, used as a landing place for marine transport or
for recreational purposes.
Planning commission" shall mean the City of Port Orchard, Washington planning commission.
Ordinance No. 034-17
Page 34 of 46
"Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel
of land into lots, blocks, streets and alleys or other divisions and dedications.
"Plat - Final plat" is the final drawing of the subdivision and dedication prepared for filing of record with
the County auditor, and containing all elements and requirements set forth in chapter 58.17 RCW and
chapter 20.90 of this Title.
"Plat - Long" shall mean the map or representation of a long subdivision, showing thereon the
subdivision of a tract or parcel of land with lots, blocks, streets, and alleys or other subdivisions,
easements and dedications as authorized by Chapter 58.17 RCW and in Title 20 Subtitle V.
"Plat - Preliminary plat" means a neat and approximate drawing of a proposed subdivision showing the
general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent with the
requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the
general layout of a subdivision of five (5) or more lots.
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i "Plat - Short plat" means the map or representation of a short subdivision.
!"Plat certificate" means a title report by a title insurance company certifying the ownership, deed
restrictions, covenants, etc., of the land being subdivided.j
"Plug-in hybrid electric vehicle (PHEV)" means an electric vehicle that (1) contains an internal
combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2)
charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may
additionally be able to sustain battery charge using an on-board internal-combustion-driven generator;
and (4) has the ability to travel powered by electricity.
"Port Orchard" shall mean the city of Port Orchard, Washington.
"Preliminary plat" See "Plat - Preliminary Plat."
""Private" shall mean solely or primarily for the use of residents or occupants of the premises, e.g., a
noncommercial garage used solely by residents or their guests is a private garage.
"Private Street" means a privately owned right-of-way which provides access for up to ten (10)
residential units and meets the requirements of the City's Public Works Standards.
"Professional office" shall mean an office used as a place of business by licensed professionals, or
persons in other generally recognized professions, which use training or knowledge of a technical,
scientific or other academic discipline as opposed to manual skills, and which does not involve outside
storage or fabrication, or on-site sale or transfer of commodities, including the following SIC major
group and industry numbers:
(1) 64 - Insurance agents, brokers, and service;
(2) 653 - Real estate agents and managers;
(3) 7291 - Income tax return preparation services;
(4) 81 - Legal services;
Ordinance No. 034-17
Page 35 of 46
(5) 871 - Engineering, architectural, and surveying services;
(6) 872 - Accounting, auditing, and bookkeeping services; and
(7) 874 - Management and public relation services.
"Project improvements" means site improvements and facilities that are planned and designed to
provide service for a particular development and that are necessary for the use and convenience of the
occupants or users of the project, and are not system improvements. No improvement or facility
included in a capital facilities plan approved by the city council shall be considered a project
improvement. (RCW 82.02.090(5).)
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"Project permit" or "project permit application" shall mean any land use or environmental approval
required from the city for a project action, including but not limited to building permits, subdivisions,
planned unit developments, conditional uses, shoreline substantial development permits, site plan
review, permits or approvals required by POMC Title 20, critical areas and natural resources, site-specific
rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment
of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically
included in this land use regulatory code.
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"Property owner" see "owner."
"Protected area" shall mean all land where no construction activity, tree removal, vegetation removal,
or soil compaction is allowed and includes the critical root zone of those trees to be preserved.
"Pruning" means cutting back of limbs larger than one and one-half inches in diameter.
"Public agency" shall mean any agency, political subdivision, or unit of local government of this state
including but not limited to municipal corporations, special purpose districts, counties, and local service
districts; any agency of the state of Washington, the United States or any state thereof; or any Indian
tribe recognized as such by the federal government.
"Public agency animal control facility" shall mean a facility for the impoundment and disposal of stray or
abandoned small animals.
"Public agency archive" shall mean facilities for the enclosed storage of public agency documents or
related materials, excluding storage of vehicles, equipment, or similar materials.
"Public agency office" shall mean an office for the administration of any governmental activity or
program, with no outdoor storage and including but not limited to uses located in SIC major group,
industry group, and industry numbers:
(1) 91 - Executive, legislative, and general government, except finance;
(2) 93 - Public finance, taxation, and monetary policy;
(3) 94 - Administration of human resource programs;
(4) 95 - Administration of environmental quality and housing programs;
(5) 96-Administration of economic programs;
(6) 972 - International affairs;
(7) 9222 - Legal counsel and prosecution; and
Ordinance No. 034-17
Page 36 of 46
(8) 9229 - Public order and safety.
"Public agency yard" shall mean a facility for open or enclosed storage, repair, and maintenance of
vehicles, equipment, or related materials, excluding document storage.
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"Public facilities" means facilities which are owned, operated and maintained by a public agency.
"Public right-of- way" means any road, alley, street, avenue, arterial, bridge, highway, or other publicly
owned ground or place used or reserved for the free passage of vehicular and/or pedestrian traffic or other
services, including utilities.
"Public Street" See "Public Right of Way."I
"Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of
electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes,
and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under
RCW 19.27.540.
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"Reasonable use" shall mean "reasonable use" as defined by the most recent applicable state or federal
court decision.|
"Recreational vehicle (RV)" shall mean a vehicle designed primarily for recreational camping, travel or
seasonal use which has its own motive power or is mounted on or towed by another vehicle, including
but not limited to: travel trailer, folding camping trailer, park trailer, truck camper, motor home, and
multi-use vehicle.
"Recreational vehicle parks" shall mean the use of land upon which two or more recreational vehicle
sites, including hookup facilities, are located for occupancy by the general public of recreational vehicles
as temporary living quarters for recreation or vacation purposes.
"Recyclable material" shall mean a nontoxic, recoverable substance that can be reprocessed for the
manufacture of new products.
"Regional utility corridor" shall mean a right-of-way tract or easement which contains transmission lines
or pipelines for utility companies, excluding distribution lines contained within street rights-of-way or
lines serving individual lots or developments.
"Resident" shall mean a person who occupies a residential dwelling within the city of Port Orchard on an
ongoing and continual basis, and who actually lives within the home, as distinguished from a visitor or
transient.
"Restoration" shall mean the actions to return a stream, wetland or other critical area to a state in
which its stability, functions, and values approach its unaltered state as closely as possible.
Ordinance No. 034-17
Page 37 of 46
"Retention facilities" shall mean drainage facilities designed to store runoff for gradual release by
evaporation, plant transpiration, or infiltration into the soil. Retention facilities shall include all such
drainage facilities designed so that none of the runoff entering the facility will be discharged as surface
water. Retention facilities shall include all appurtenances associated with their designed function,
maintenance, and security.
"Right-of-way" or "ROW" means a strip of land platted, dedicated, condemned or established by
prescription, or otherwise legally established, for the use of pedestrians, vehicles or utilities.
"Sale or lease" means any immediate or future transfer of ownership, or any possessory interest in land,
including contract of sale, lease, devise, intestate succession, or other transfer of an interest in a
subdivision or part thereof, whether by metes and bounds or lot and block description.
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"Sanitary sewer systems" means all facilities, including approved on-site disposal facilities, used in the
collection, transmission, storage, treatment, or discharge of any water borne waste, whether domestic
in origin or a combination of domestic, commercial or industrial waste.
"School district" means South Kitsap School District No. 402.
"Seasonal decoration" shall mean temporary decorations for holidays which do not fall under the
definition of a sign. Decorations, which fall under the definition of a sign, must conform to all provisions
of the sign code.
"Senior" shall mean a person aged 55 or older.
"School" shall mean an institution primarily for academic instruction, public, private or parochial, and
accredited by the state Department of Education.
"School bus base" shall mean an establishment for the storage, dispatch, repair, and maintenance of
coaches and other vehicles of a school transit system.
"School district support facility" shall mean uses (excluding schools and bus bases) that are required for
the operation of a school district including centralized kitchens, and maintenance or storage facilities.
Schools, elementary and middle/junior high" shall mean public institutions of learning offering
instruction in the several branches of learning and study required by the Education Code of the state of
Washington in grades kindergarten through nine, including associated meeting rooms, auditoriums, and
athletic facilities.
"Schools, private" shall mean private institutions of learning having a curriculum below the college level
as required by the common school provisions of the state of Washington.
"Schools, secondary or high" shall mean public institutions of learning offering instruction in the several
branches of learning and study required by the Education Code of the state of Washington in grades
nine through 12, including associated meeting rooms, auditoriums, and athletic facilities.
"Schools, specialized instruction" shall mean establishments engaged in providing specialized instruction
in a designated field of study, rather than a full range of courses in unrelated areas including, but not
limited to: art, dance, music, cooking, driving, and pet obedience training.
Ordinance No. 034-17
Page 38 of 46
"Schools, vocational" shall mean public establishments offering training in a skill or trade to be pursued
as a career, including uses located in SIC industry group number:
(1) 824 - Vocational schools; and
(2) 8222 - Technical institutes.
"Self-service storage facility" shall mean an establishment containing separate storage spaces that are
leased or rented as individual units.
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"Senior citizen assisted group home": see "Dwelling unit- group: senior citizen assisted."
i "Sensitive Area" see "Critical Area."
"SEPA responsible official" shall mean the development director, or such other person as the
development director has designated in writing to serve as the SEPA responsible official.
"Setback" means the minimum required distance between a structure or portion thereof and a lot line
of the lot on which it is located, or another line as described in a particular section of this Title.
Under this definition, "a structure or portion thereof" excludes roof eaves, which may project into a
setback within the limitations allowed under the building codes (International Code Series) as adopted
herein. Please note that roof eaves may not project into a critical areas setback unless authorized in Chapter
20.162 POMC. ’
"Shall" shall have the same meaning as "must" herein, and is mandatory and imposes a requirement.
"Shooting range" shall mean a facility designed to provide a confined space for safe target practice with
firearms, archery equipment, or other weapons.
"Shoreline jurisdiction" shall mean the area extending landward for 200 feet in all directions as
measured on a horizontal plane from the ordinary high water mark; floodways and contiguous
floodplains areas landward 200 feet for such floodways, and all wetlands associated with streams, lakes
and tidal waters.
"Shoreline master program" shall mean the shoreline master program for the city of Port Orchard, and
the use regulations together with maps, diagrams, charts, or other descriptive material and text, a
statement of desired goals and standards developed in accordance with the policies enunciated in
RCW 90.58.020.
"Short plat" See "Plat - Short Plat."
"Short subdivision" means the division or re-division of land into four (4) or fewer lots, tracts, parcels or
divisions for the purpose of sale or lease.
"Should" shall mean strongly advisable, unless the context clearly indicates otherwise.
"Significant tree" shall mean an existing tree which is:
Ordinance No. 034-17
Page 39 of 46
(1) Any healthy tree with a DBH (diameter at breast height) of 18 inches or greater with adequate live
crown to maintain tree vigor and aesthetics; or
(2) Any tree identified as providing wildlife habitat for threatened or endangered species; or
(3) Any tree of historical or cultural significance as defined within the comprehensive plan.
"Single-family attached home" or "single-family attached residence": see "Dwelling unit - single family
attached."
"Single-family detached home" or "single-family detached residence": see "Dwelling unit - single family
detached."
"State" shall mean the state of Washington.
"Site area - Minimum" shall mean the minimum or smallest amount of total site area in a single
ownership expressed in acres necessary to support development consistent with the zoning district
provisions of this code.
"Site area - Useable gross" shall mean the total site or lot ownership less critical areas. This area of a
site or lot is expressed in acres or square feet.
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"Site area - Useable net" shall mean the total site or lot ownership expressed in acres or square feet less
critical area (equal to gross useable site area) and any required dedications necessary to provide
supporting roads, utilities, or other supporting facilities or infrastructure which may be used to calculate
allowed dwelling units. For the purposes of calculating potential residential capacities, infrastructure
requirements are generally estimated to be between 10 and 20 percent of the gross useable site area
for undeveloped land, and zero to 10 percent for lots within existing developed urban areas such as the
downtown district.
"Site plan - Specific" shall mean a development plan required by this code and approved by the city
council. A site plan is defined as including all physical and technical drawings required by the city for
project construction and approval. Site plans shall not determine or define the use of property or its
occupation.
"Specified sexual activities" shall mean human genitalia in a state of sexual stimulation or
arousal; acts of human masturbation, sexual intercourse or sodomy; erotic fondling, touching or
display of human genitalia, pubic region, buttock, or female breast; peep shows, topless
dancing, and nude dancing.
"Sporting goods store" shall mean an establishment engaged in the retail sale of sporting goods and
equipment, including uses located in SIC industry numbers:
(1) 5941 - Sporting goods stores and bicycle shops; and
(2) 5999 - Tent shops and trophy shops.
"Sports club" shall mean an establishment engaged in operating physical fitness facilities and sports and
recreation clubs, including uses located in SIC industry numbers:
(1) 7991 - Physical fitness facilities; and
(2) 7997 - Membership sports and recreation clubs.
Ordinance No. 034-17
Page 40 of 46
"Stable" shall mean a structure or facility in which horses or other livestock are kept for boarding,
training, riding lessons, breeding, rental, or personal use.
"State" shall mean the state of Washington.
"Stream" See Chapter 90.58 RCW.
tt uCircle," "Court," "Drive," "Lane," "Loop,""Street" including the words "Avenue," "Boulevard,
"Parkway," "Place," "Road," "Spur," "Terrace," "Way," shall mean:
(1) Any public way, either unimproved or improved, which affords the principal means of access to
abutting properties. A street width shall be considered the distance between its right-of-way lines.
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(2) A public or recorded private thoroughfare providing the main pedestrian and vehicular access
through neighborhoods and communities and to abutting property.i
"Street block" means a group of lots or properties on the same side of a street between two street
intersections or a street intersection and a dead end.
"Street frontage" shall mean the portion of a lot property line that abuts a public right-of-way. "Street
standards" means the requirements contained in the standard drawings and documents specified by the
city engineer as the City's adopted Street Standards.
"Storage yard - Open" shall mean a land area of 2,000 square feet or more used for the storage of any
material, including items for storage, sale, lease, processing and repair (including vehicles), not in a
structure comprised of at least three walls and a roof. Does not include lots for the sale of motor and/or
marine vehicles.
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"Structure" shall mean anything permanently constructed, walled, and roofed including a gas or liquid
storage tank that is principally in or on the ground, or over the water, excluding fences less than six feet.I
"Subdivider" means any person, firm or corporation who subdivides or develops any land deemed to be
a subdivision.
"Subdivision" means the division or re-division of land into five (5) or more lots, tracts, parcels, sites or
divisions for the purpose of sale or lease, or transfer of ownership, and includes all re-subdivision of
land.
"Substantial development or improvement” shall mean:
(1) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
(a) Before the improvement repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition, substantial improvement is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
(2) The term does not, however, include either:
Ordinance No. 034-17
Page 41 of 46
(a) Any project for improvement of a structure to comply with existing state or local health,
sanitary, or safety code specifications which are solely necessary to assure safe living conditions;
or
(b) Any alteration of a structure listed on the National Register of Historical Places or a State
Inventory of Historical Places.
"Survey monument" or "monument" means the physical structure, along with any references or
accessories thereto, used to mark the location of a land boundary survey corner, geodetic control point,
or local control point.
"Surveyor" means a registered professional land surveyor licensed to practice surveying in the State of
Washington.
"System improvements" means public facilities that are included in the city's capital facilities plan and
are designed to provide service to areas within the city and community at large, in contrast to project or
on-site improvements. (RCW 82.02.090(9).)
"Temporary living facility" shall mean a mobile home, motor home or other such dwelling, installed on a
residential lot which already contains a permanent dwelling structure. The use of a temporary living
facility requires the property owner to receive a permit, can only be approved for a period of time up to
180 days and must have hookups to an approved water and sanitary sewer source.
"Temporary use" shall mean a use established for a limited duration with the intent to discontinue such
use upon the expiration of the time period. See 20.132.110.
"Testamentary" shall mean given or bequeathed by a will.
"Trails” shall mean manmade pathways designed and intended for use by nonmotorized transportation
modes including walking, biking, horseback riding, and/or recreational uses.
"Tract" means a nonbuildable or buildable unit of land created by a subdivision, short subdivision, deed,
or other instrument recorded with the appropriate county recorder. Tracts are usually held in common
by the owners of an organization, such as a homeowners' association, for common benefit and are not
in every instance, required to meet minimum lot size and dimensional requirements of the applicable
zone.
"Transfer station" shall mean a staffed collection and transportation facility used by private individuals
and route collection vehicles to deposit solid waste collected off site into larger transfer vehicles for
transport to permanent disposal sites, and may also include recycling facilities involving collection or
processing for shipment.
"Transit bus base" shall mean an establishment for the storage, dispatch, repair, and maintenance of
coaches, light rail trains, and other vehicles of a public transit system.
Transit park-and-ride lot" shall mean vehicle parking specifically for the purpose of access to a public
transit system as a stand-alone facility.
Ordinance No. 034-17
Page 42 of 46
"Transmission equipment" shall mean equipment, such as antennas and satellite, or point-to-point
microwave dishes, that transmit or receive radio signals.
"Transmission line booster station" shall mean an establishment containing equipment designed to
increase voltage of electrical power transported through transmission and/or distribution lines to
compensate for power loss due to resistance.
"Transmission structure" shall mean a structure intended to support transmission equipment or
function as an antenna for AM radio or an earth station satellite dish antenna. The term does not
include brackets, platforms, or other apparatus that mount transmission equipment onto transmission
structures, buildings or other structures.
"Transmitter building" shall mean a building used to contain communication transmission equipment.
"Transportation facilities" includes capital facilities related to air, water or land transportation.
"Transportation level of service standards" means a measure which describes the operational condition
of the travel stream and acceptable adequacy requirements, as identified in the City's comprehensive
plan (as required by RCW 36.70A.070(6)(b)).
"Transportation system management (TSM)" shall mean low cost projects that can be implemented in a
short time frame designed to increase the efficiency of existing transportation facilities. This also
includes transit and/or ride-sharing measures to decrease single-occupancy vehicle trips.
"Tree" means any woody plant characterized by one main stem or trunk and many branches, or multi
stemmed trunks which have a diameter individually or cumulatively of four inches DBH or larger.
"Tree appraisal" is a method of calculating the value of a tree, which shall be based on the "trunk
formula method" as set forth in "The Guide for Plant Appraisal" authored by the Council of Tree and
Landscape Appraisers.
"Tree enhancement plan" means a plan prepared by a certified arborist, licensed landscape architect, or
certified forester and required of all commercial or industrial properties greater than two acres in size
when any tree removal or tree clearing takes place. The tree enhancement plan shall combine tree
preservation of existing trees to the extent feasible along with tree replacement and replanting equal to
at least 15 percent of the number of significant trees existing on the site prior to any tree removal. The
tree enhancement plan shall incorporate trees in as many areas as feasible such as tree tracts, boundary
trees, perimeter landscaping, parking lot landscaping, street and driveway trees, facade landscaping, or
other viable stands of trees, considering the type of commercial or industrial development.
"Tree harvesting" means tree logging, felling, cutting, or taking of trees, standing or down, on privately
or publicly owned land for sale or for commercial, industrial, or other use, governed under RCW
76.09.470.
"Tree inventory" means a detailed list of all trees of four inches DBH or larger, located on a site for
which a tree permit is required, and which is prepared by a certified arborist, licensed landscape
architect, certified forester, or other qualified tree professional. A tree inventory shall be included on a
site plan drawn to scale, and provide the number, size, approximate height, specific location, and tree
Ordinance No. 034-17
Page 43 of 46f
species of all trees of four inches DBH or larger, with a summary of all significant trees in sufficient detail
for the City to review.
"Tree owner" means the owner of the real property where 51 percent or more of the diameter of the
trunk of the tree at ground level is located.
"Tree topping" means as the severe cutting back of limbs to stubs larger than three inches in diameter
within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
"Tree tract" means a separate portion of land, specifically set aside for the preservation, retention or
protection of existing trees or the planting of new trees to maintain a beneficial tree canopy in a
subdivision or on a development site and that meets minimum tree preservation requirements of this
code. The tree tract shall be a separate designated lot(s) or tract(s) shown on the subdivision plat map,
site development plan, or binding site plan and shall be recorded with appropriate description of
purposes and restrictions. Restrictions applied to the tree tract will reserve the tract for the protection
and preservation of trees in perpetuity. Tree tracts can be used for other open space uses when such
use is compatible with trees and will not impact tree health. The tract shall be dedicated to, and owned
and maintained by, the home owner(s), property owners' association, or comparable entity.
"Tree, vegetation and soil protection area" means a separate tract of land, which may or may not be
deeded as such, specifically set aside for the preservation of healthy soil and the preservation or
planting of existing and/or native vegetation and trees. Stormwater retention/detention facilities,
critical area buffers and other common areas may be considered TVSPA if they currently or are
improved to an extent where they can support healthy soils and the growth of native vegetation and
trees. The purpose of these areas for preserving healthy soils, preserving and/or planting native
vegetation and trees is stated on the face of the plat when applicable.
"Ultimate roadway section" shall mean a designation that the maximum roadway or intersection
capacity has been reached and further right-of-way acquisition and/or improvements are not feasible to
increase peak hour vehicle capacity.
"Understory" shall mean the low layer of plants forming an underbrush or underwood.
"Use" shall mean the nature of the occupancy or the type of human activity to which land is devoted or
may be devoted, or the human activity or function carried out on an area of land, or in a building or
structure thereon.
"Use - Conditional" See "Conditional Use."
"Use - Permitted" shall mean any use authorized or permitted in a specific use district and subject to
the limitations and regulations of such use district.
"Use - Principal" shall mean the primary use for a lot, structure, or building or the major portion
thereof, as designated or actually used "Use - Secondary" shall mean an incidental or accessory use for
which a lot, structure or building is designated or employed in conjunction with, but not subordinate to,
its primary use.
Ordinance No. 034-17
Page 44 of 46
"Use - Temporary" See "Temporary Use."
i "Utilities" or "public utilities" means enterprises or facilities serving the public by means of an integrated
system of collection, transmission, distribution and processing facilities through more or less permanent
physical connections between the plant of the serving entity and the premises of the customer.
Included are systems for the delivery of natural gas, electricity, telecommunications services and water,
and for the disposal of sewage.
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|"Utility, subregional" shall mean a facility for the distribution or transmission of services to an area
requiring location in the area to be served including, but not limited to:
(1) Telephone exchanges;
(2) Water pumping or treatment stations;
(3) Electrical switching substations;
(4) Water storage reservoirs or tanks;
(5) Municipal groundwater well fields; and
(6) Retention/detention facilities.
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"Vacation rental" shall mean a self-contained single-family residence including condominiums,
apartments and detached residences that may be rented by groups or individuals. Not to be confused
with hotels/motels or bed and breakfast facilities.
"Vegetation" means any and all organic plant life growing at, below or above the soil surface.
"Veterinary clinic" shall mean establishments of licensed practitioners primarily engaged in the practice
of veterinary medicine, dentistry, or surgery. Animal hospitals and spay and neuter clinics are included.
Ancillary and/or subordinate uses to the veterinary clinic such as grooming or overnight boarding are
permissible.
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"View corridor" shall mean a field of vision between buildings and/or vegetation that provides an
unobstructed view across the subject property which leads to significant public or private views of
natural features.
"Wall frontage" shall mean the length of an outside building wall on a public right-of-way.
"Wall plane" shall mean the flat vertical surface on a building facade, which may include doors,
windows, openings, or other incidental recessions that do not extend through to the roofline.
"Warehousing and wholesale trade” shall mean establishments involved in the storage and/or sale of
bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the
general public which is classified as a retail use in this title. These establishments shall include SIC major
group numbers 50 and 51 and SIC industry group numbers 422 and 423.
"Warehousing and storage - Yards" shall mean a land area of 2,000 square feet or more used for the
storage of any material, including items for storage, sale, lease, processing, and repair (including
vehicles), not in a structure comprised of at least three walls and a roof. Does not include a lot used for
the sale of motor and/or marine vehicles.
Ordinance No. 034-17
Page 45 of 46
"Wastewater treatment facility" shall mean a plant for collection, decontamination, and disposal of
sewage, including residential, industrial, and agricultural liquid wastes, and including any physical
improvement within the scope of the definition of "water pollution control facility" set forth in
WAC 173-90-015(4) as amended.
"Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water
at a frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands
intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage
ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1,1990, that were unintentionally created as a
result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands
intentionally created from non-wetland areas created to mitigate conversion of wetlands.
"Wildlife shelter" shall mean a facility for the temporary housing of sick or wounded wildlife subject to
licensing conditions by appropriate county and state officials.
"Work release facility" shall mean a facility which allows the opportunity for convicted persons to be
employed outside of the facility, but requires confinement within the facility when not in the place of
employment.
"Yard" shall mean an unoccupied space, other than a court, unobstructed from the ground to the sky,
which may include driveways, sidewalks, lamp posts, open patios, retaining walls, entrance steps,
fences, and landscaping unless specifically otherwise provided.
"Yard - Types" shall mean:
(1) "Front yards" extend between side lot lines across the front of a lot adjoining a public street. In
addition, a "front yard" shall extend between lot lines across the front of a lot that accesses from a
private road. A property can have more than one "front yard."
(2) "Side yards" means those yards extending along both side lot lines from the front yard to the rear
yard.
(3) "Rear yards" extend across the rear of the lot between inner side yard lines. In the case of through
lots and corner lots, there will be no rear yards, but only front and side yards.
"Yard waste processing facility" shall mean a site where yard and garden wastes, including wood and
land clearing debris, are processed into new products which include, but are not limited to, soil
amendments and wood chips.
SECTION 3. 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.
Ordinance No. 034-17
Page 46 of 46
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.
____________________’A** 0
Robert Putaansuu, Mayor/<§'.’^J
! ! SEAL j 1
SPONSOR:ATTEST:
1Brandy Rinearson, CMC, City Clerk iek Ashby, Councilmembei
APPROVED AS TO FORM:
ftorney
October 20, 2017
October 25, 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 October 10, 2017.
ORDINANCE NO. 034-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
THE CITY’S UNIFIED DEVELOPMENT CODE (TITLE 20); AMENDING CHAPTER 20.12
OF THE PORT ORCHARD MUNICIPAL CODE TO REMOVE DEFINITIONS RELATING
TO SIGNS; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND SETTING AN
EFFECTIVE DATE.
Copies of Ordinance No. 034-17 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. 034-17 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, October 20