033-16 - Ordinance - Amending Title 16 Land Use Regulatory CodeORDINANCE NO. 033-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE (POMC)
CHAPTERS 16.08, 16.12 AND 16.20 TO REVISE THE DEFINITION
OF ACCESSORY DWELLING UNIT, TO UPDATE THE LOCATION OF
THE ADOPTED CITY ZONING MAP, AND TO REMOVE THE
ADMINISTRATIVE NUISANCE ABATEMENT PROCESS FOR THE
VIEW PROTECTION OVERLAY DISTRICT.
WHEREAS, the City of Port Orchard (the "City") has adopted local land use regulations
as currently codified in POMC Title 16, Land Use Regulatory Code; and
WHEREAS, the City wishes to revise the definition of "accessory dwelling unit" in POMC
16.08 to allow accessory dwelling units for caretaker or security personnel in commercial or
mixed-use developments; and
WHEREAS, the location of the City's adopted Zoning Map has been updated so that it is
no longer in the City's Comprehensive Plan; and
WHEREAS, the City wishes to delete the process established in POMC Chapter
16.20.708, regarding the development of administrative guidelines for the abatement of view
obstruction nuisances and disputes; and
WHEREAS, on August 8, 2016, the City provided required notice to the Department of
Commerce regarding its intention to adopt revised development regulations; and
WHEREAS, on August 12, 2016, the City's SEPA official issued a determination of non-
significance for the proposed changes and there have been no comments or appeals; and
WHEREAS, on September 14, 2016, the City's Planning Commission held a duly-noticed
public hearing on the proposed changes and public testimony was received, and the Planning
Commission provided recommendations to the City Council; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this Ordinance as
findings in support of this Ordinance.
SECTION 2. POMC Chapter 16.08, Definitions, is hereby amended to read as follows:
Ordinance No.033-16
Page 2 of 3
16.08.230 Dwelling unit - Accessory.
"Dwelling unit - Accessory" shall mean a separate, complete dwelling unit
attached to or contained within the structure of a primary use or dwelling unit,
or contained within a separate structure that is accessory to a primary use or
dwelling unit on the premises.
SECTION 3. POMC Chapter 16.12, Zoning Map, is hereby amended to read as follows;
all other provisions of this section shall remain unchanged and in full force and effect:
16.12.010 Zones established.
The following zones are hereby established: Gb, R4.5, R8, R12, R20, Co, BP I, BP
II, Eo, Mxd, Cf; and overlay zones of TRMT, VPOD, DOD central, DOD east and
DOD west gateways. The location and boundaries of the various zones are such
as are shown on the City's adopted zoning map, and are codified in this title and
made a part of this title. Changes in the boundaries of the zones, including
application or amendment or interim zoning, shall be made by ordinance
adopting or amending the zoning map.
SECTION 4. POMC subsection 16.20.708, VPOD - Nuisance Abatement Process, is
deleted.
SECTION 5. If any section, sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
SECTION 6. This ordinance shall be in full force and effect 5 days after publication of
this ordinance, as required by law. A summary of this Ordinance may be published in lieu of the
entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 25th day of October, 2016.
Ordinance No.033-16
Page 3 of 3
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, CMC, City Clerk
>A- «,P s<> \ ' « O =o ~ L-» o° = o'2;
s. -A ^ C. (p .^VOv.
»ek Ashby, Councilmember
APPROVED AS TO FORM: Sponsored by:
PUBLISHED: November 4th, 2016
EFFECTIVE: November 9th, 2016
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 25th, 2016.
ORDINANCE NO. 033-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE (POMC)
CHAPTERS 16.08, 16.12 AND 16.20 TO REVISE THE DEFINITION
OF ACCESSORY DWELLING UNIT, TO UPDATE THE LOCATION OF
THE ADOPTED CITY ZONING MAP, AND TO REMOVE THE
ADMINISTRATIVE NUISANCE ABATEMENT PROCESS FOR THE
VIEW PROTECTION OVERLAY DISTRICT.
Copies of Ordinance No. 033-16 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 033-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, November 4th, 2016