037-16 - Ordinance - Amending Chapter 16.30 Land Use RegulationsORDINANCE NO. 037-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE (POMC) CHAPTER
16.30 TO CLARIFY THE REQUIREMENTS FOR ACCESSORY
DWELLING UNITS IN THE RESIDENTIAL LAND USE TABLE
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 clarify regulations that allow accessory dwelling units for
caretaker or security personnel in commercial or mixed-use developments, as provided in
POMC Table 16.30.080, Residential Land Uses; 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 Table 16.30.080 is hereby amended to read as follows; all other
provisions of this section shall remain unchanged and in full force and effect:
Ordinance No.037-16
Page 2 of 4
Table 16.30.080 - Residential land uses.
P = Permitted
C = Conditional Greenbelt Residential - Mobile Home Park Residential - 4.5 Units/Acre Residential - 8.0 Units/Acre Residential -12.0 Units/Acre Residential - 20.0 Units/Acre Commercial Retail and Office Business Professional 1 Business Professional II Mixed Uses Employment Industrial and Office Community Facilities Gb RMH R4.5 R8 R12 R20 Co BP 1 BP II Mxd Eo Cf
Dwelling Units
* Single-family detached P P P P P6 P P
* Single-family attached P P P P
* Multifamily P P C7 P
* Mobile home park P
* Houseboat C C C C
Group Residences
* Senior citizen assisted C P P P C7 C C C C
*
Community residential facility
- CRF C C C c c
* CRF- prisoner release C c
* Dormitory C2
Accessory Uses
* Dwelling Unit - Accessory P3 P3 P3 P3, 9 P 3,9 P3,9 P3, 9 P3,9
*
Home (cottage) industry P10 P10 P10 P4, 5,
10 P10 P10 P10
*
Home occupation P10 P10 P10 P10 P4, 5,
10 P10 P10 P
* Home profession P P P P P P P P P
*
Medical marijuana
cooperative P8 P8 P8 P8 P8 P8 P8 P8 P8
Temporary Lodging
7011 Hotel/motel PI CI
* Bed and breakfast C C C C C C P C C P
7041
Organization hotel/lodging
houses C c
Ordinance No.037-16
Page 3 of 4
Note: All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use
located within the Port Orchard incorporated area in addition to those described in the notes following.
1. Except bed and breakfast.
2. Only as an accessory to a school, college/university, church or conference center.
3. Accessory dwelling units:
a. Only one accessory dwelling per lot or development site;
b. When the primary use of the lot is residential, the primary residence or the accessory dwelling unit shall be
owner-occupied;
c. When the primary use of the lot is residential, the accessory dwelling unit shall be less than 50 percent of the
living area of the primary residence;
d. One additional off-street parking space is provided; and
e. When the primary use of the lot is residential, the accessory dwelling unit shall be converted to another
permitted use or shall be removed if at least one of the units ceases to be owner-occupied.
f. Within the Commercial Retail and Office, Business Professional I and II, and Employment Industrial and Office
zones, an accessory dwelling unit is allowed for the purpose of housing a resident manager, caretaker, or security
personnel for the commercial, office or industrial use(s) on the site.
4. No customers are allowed on site.
5. In the R20 zone, home (cottage) industry and home occupation are allowed in single-family detached homes
only.
6. Permitted with approval of a planned residential development.
7. Permitted as part of mixed use development with approval of a conditional use permit (maximum R-20 density).
8. Medical marijuana cooperative:
a. Only as an accessory use located within a residential dwelling unit;
b. The cooperative shall be registered with the state Liquor and Cannabis Board and all members shall be
registered in the state medical marijuana authorization database and hold valid recognition cards;
c. The cooperative shall obtain and maintain and city business license according to POMC 5.12;
d. The cooperative shall operate in accordance with all requirements of 69.51A RCW.
9. Within the Downtown Overlay District or the Mixed Use zone, an accessory dwelling unit shall be located on or
above the second floor of the building in which it is located. Stand-alone accessory dwelling units are not allowed
in the Downtown Overlay District or the Mixed Use zone.
10. Shall comply with the requirements of POMC 16.38.
SECTION 3. 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 4. 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.037-16
Page 4 of 4
ATTEST:
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
• Sharon Cates, City Attorney
Robert Putaansuu, Mayor
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Sponsored by:
/Bek Ashby, Councilmemb^r
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. 037-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE (POMC) CHAPTER
16.30 TO CLARIFY THE REQUIREMENTS FOR ACCESSORY
DWELLING UNITS IN THE RESIDENTIAL LAND USE TABLE
Copies of Ordinance No. 037-16 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. 037-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, November 4th, 2016