021-19 - Ordinance - Amending Chapter 20.39 to Adopt Regulations Related to Social Services FacilitiesORDINANCE NO. O2L-L9
AN ORDINANCE OF THE C TY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 20.39 OF THE PORT ORCHARD MUN CIPAL CODE
TO ADOPT REGUIAT ONS REIATED TO SOC At SERV CES FAC L T ES;
REPEAT NG NTER M ORD NANCE NO. 015-19; PROV DING FOR
SEVERAB tlTY AND CORRECTIONS; AND ESTABL SHING AN EFFECTIVE
DATE.
WHEREAS, in 1990, Washington State passed a law, Chapter 7t.Og RCW, to authorize
the indefinite civil commitment of individuals found by a Superior Court to be a Sexually Violent
Predator (SVP); and
WHEREAS, certain individuals that are civilly committed as SVPs have fulfilled their
sentence, but have been found to suffer from a mental abnormality or personality disorder that
makes the individual likely to reoffend if not confined in a secure facility; and
WHEREAS, in !997, a federa! district court civil rights lawsuit was filed alleging violations
of the constitutional rights of individuals that were civilly committed under Washington law;
and
WHEREAS, in L994, the Federal District Court for Western Washington entered an order
and injunction requiring the state to provide constitutionally adequate mental health treatment
for individuals that have been civilly committed. The court also found that the lack of a less
restrictive alternative (LRA) to total confinement limited an individual's opportunity to
demonstrate their reduced risk and ordered the state to explore alternatives; and
WHEREAS, in 2007, the federal district court dismissed the injunction and closed the
case after the state established two Secure Community Transition Facilities (SCTF) and
amended state law, RCW 7L.O9.O70, to require an annual review to determine if an SVP is
eligible for placement in an LRA; and
WHEREAS, an LRA is a facility that provides court-ordered supervision, security, and
treatment to individuals that have been civilly committed and conditionally released from a
total confinement facility; and
WHEREAS, Washington State does not regulate the location or land use and life safety
impacts of community based LRAs; and
WHEREAS, the City Council of the City of Port Orchard determined that current city
regulations do not sufficiently define LRA facilities or mitigate their land use and life safety
impacts to protect both the residents of potential LRA facilities within the city or the neighbors
of such facilities; and
Ordinance No. O2L-L9
Page 2 of 5
WHEREAS, the Growth Management Act (GMA), Chapter 36.70A RCW, provides that
each jurisdiction's comprehensive land use plan and development regulations shall be subject
to continuing review and evaluation; and
WHEREAS, the City Council adopted an interim zoning ordinance (lnterim Ordinance No.
015-19) to protect public health and safety pursuant to RCW 36.70A.390; and
WHEREAS, on May L4,2OL9, pursuant to RCW 36.70A.390, the City Council held a public
hearing, which was within sixty (60) days of the adoption of lnterim Ordinance No. 015-19; and
WHEREAS, on April 29,2079, the City of Port Orchard notified the Department of
Commerce of its intent to adopt a permanent ordinance to replace lnterim Ordinance No. 015-
19; and
WHEREAS, on June 4, 2OL9, the Planning Commission reviewed the proposed
permanent ordinance, and recommended approval of the permanent ordinance to the City
Council; and
WHEREAS, on June 25,2019, pursuant to Section 5 of lnterim Ordinance No.015-19, the
City Council held a public hearing on the proposed permanent ordinance; and
WHEREAS, the City Council considered the oral testimony and written information
provided at the public hearings, if any; and
WHEREAS, the City Council now desires to enact permanent regulations to protect
public health and safety in a way that mitigates land use and life safety impacts without
precluding the state-mandated placement of housing for persons that are civilly committed and
conditionally released to a less restrictive alternative to total confinement; now, therefore,
THE C TY COUNCIL OF THE C TY OF PORT ORCHARD, WASH NGTON, DO
ORDA N AS FOLLOWS:
SECTION 1. Findings. The City Council adopts all of the "Whereas" sections of this
Ordinance as findings in support of this Ordinance.
sEcTroN 2.to POMC 20.39.040 Use Ta . Amendments to the
Use Table set forth in Section 20.39.040 of the Port Orchard Municipal Code (POMC) are hereby
permanently adopted as set forth in Attachment 1, attached hereto and incorporated herein by
this reference.
Ordinance No. O2L-L9
Page 3 of 5
SECTI oN 3. Amendments to POMC 20..L2 Amendments to the definition
of "social Services" set forth in POMC 20.39. LZO are hereby permanently adopted as follows:
2O.39.L20 Soc al Services. Defined: A facility that provides treatment for persons not
protected under the Fair Housing Act or who present a direct threat to the persons
or property of others. lncludes persons convicted for illegal manufacture or
distribution of a controlled substance, sex offenders, and juvenile offenders. Also
includes facilities that provide transient housing related to post-incarceration and
social service progra ms. Does not in clude facilities servins o ersons who have been
SECT ON 4. New POMC Section 2O.39.t22 Ad opted. A new POMC Section
20.39. L22 ts hereby permanently adopted as follows:
(1)Secured hieh risk ocial services facilities shall onlv be permitted in zones
where oe rmitted as a conditional use in the land u se table in this chapter.
(2)Where indicated a a conditional use in the use table. S ection 20.39.040, a
secured ieh risk social services facilitv is reouired to obtain a conditional useh
permit per Chaoter 20.50. ln addition to the criteria for approval in Section
20.50.050. th e hearins examiner must also make the fo llowine findines in order
to issue the conditional use permit:
The citv shall hold a neiehborhood meetine orior to a public hearins for
the proposed secur ed hieh risk socia! services facilitv . The proiect applicant
(a)
shall cover all meeting costs.
The citv shall orovide communitv notification to all landowners within a(b)
half-mile radius of the orooosed secu red hieh risk social services facilitv at
least two (2) wee prior to a neishborhood meetine.The proiect applicant
shall cover all co mmunitv notification costs.
The secured hieh risk social services facilitv shall not be located adiacent(c)
to, immediatelv across a street or oar ns lot from. or within the line of sieht
facilities are are addressed in POMC 20.39.122. below ("Secured High Risk Social
Service Facilities").
Ordinance No. O2L-L9
Page 4 of 5
of a risk potential activitv or facilitv in existence at the time the secured hieh
risk social services facilitv is established.
(i) "Within the line of sisht" means that it is possible to reasonablv
visuallv distinsuish an recogn ize ind ivid uals.
(ii) "Risk potential activities and facilities" means an activitv or facilitv
that provides a hieher incidence of risk to the public from persons
conditionallv released to an LRA. Risk potential activities and facilities
include: Public and private schools, school bus stops, licensed dav care
communitv centers. churches. svnagogues. temples. mosques. public
not include bus stops established primarily for public transit.
(d)The secured hieh risk social services facility shall not be located in a
communitv protectiql zone as defined in RCW 9.944.030(6),
(i) Distance shall be measured from all propertv lines of the social
a public or private school.
(e)The secured hish risk social servi facilitv shall meet the applicable
health district standards for water and sewage disposal to account for staff
and residents.
(f)
from a city-maintained rieht-of-wav
(g) lf a person's libertv is restricted or a person is not capable of self-
preservation without physical assistance, the secured hieh risk social services
by the buildine code.
services facilitv shall have a system to automatically release locks, which shall
be interlocked with the fire protection svstem.
(i)
sufficient to enerpize the safetv and securitv svstems in the event of a power
outage.
SECTION 5. Repeal of lnterim Ordinance. lnterim Ordinance No. 015-19 is here
(h)
repealed in its entirety as of the effective date of this Ordinance.
by
Ordinance No. 02L-L9
Page 5 of 5
SECTION 6. lf any section, sentence, clause or phrase of this Ordinance or
its application to any person or circumstance should be held to be invalid or unconstitutional 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
nor shall the application of the provision to other persons or circumstances be affected.
SECTION 7. Clerica!/Tvpographical Error. Should this Ordinance, upon being enacted
by the City Council of the City of Port Orchard during its deliberations on June 25, 2OL9 have
anything inadvertently left out or in error upon publication, the explicit action of the City
Council as discussed and passed shall prevai! upon subsequent review and verification by the
City Council.
sEcTtoN 8.Effective Date. This Ordinance shall be in full force and effect five (5) days
after posting and publication, as required by law. A summary of the 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 Clerk in authentication of such passage this 25th day of June 2OL9.
,tt I rlllll
a o9.P
=.
dy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
Cates, City Attorney
Robert Putaan u, Mayor
SP NSOR:
k Ashby, Councilmember
ATTEST:
B n
PUBLISHED:
EFFECTIVE DATE
ATTACHMENTS:
Attachment 1:
July 5, 20L9
July 10, 2OL9
Amended POMC 20.39.40 Use Table
a
a
a
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 June 25,20L9.
ORDINANCE NO. O2L.T9
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 20.39 OF THE PORT ORCHARD MUNICIPAL
CODE TO ADOPT REGULATIONS RELATED TO SOCIAL SERV CES
FAC L TIES; REPEALING INTERIM ORDINANCE NO. 015-19;
PROVID NG FOR SEVERABILITY AND CORRECTIONS; AND
ESTABL SHING AN EFFECTIVE DATE.
Copies of Ordinance No. O2t-L9 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. O2L-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, July 5, 20L9
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Use Category
Specific Use G
Residentia! Uses
All household living, as
listed below.
Single-family detached
(including new
manufactured homes)
P P P P P P P
P
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P P P P P P
P P PP P P
P P P P P P P P P PP
P P P P P P
P P P P P
P P PP P
c c
P P P P
P P P P
P P
P
P P
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P P
P cc
Designated Manufactured
Home, Manufactured or
Mobile Home (except for
new designated
manufactured homes)
New Designated
Manufactured Home
Si ngle-fami ly attached
(2 units)
Si ngle-fam i ly attached
(3 or 4 units)
Si ng le-family attached
(5 or 6 units)
Multi-family (3 or 4 units)
Multi-family
(5 or more units)
Manufactured or Mobile
Home Park
Boarding House
Congregate Living
Facilities
Two-family
C c c c
c c c c
P P P P P P P P P
P P P P P P P
c c P c
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P c
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P P
P
P
Lodging House
Group home
(up to 8 residents), except
as follows:
Adult Family Home
All group living
(9 or more residents)
Social Services Facilities P P P P P
ccc CSecured High Risk Social
Services Facilities
20.39.040 Use tsble.
(Gray shading separates categories into Residential, Commercial & lndustrial, & Civic/Parks)
Definition/
Standards
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.610
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20.39.615
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Public Uses
All civic uses, as listed
below.
Community college,
university, trade or
technical school
(8,000 square feet
or less).
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P PPP P
Community college,
university, trade or
technical school
(more than 8,000
square feet).
Club or lodge
Public use P P P P PPPP
P PPPP
P P P P P
PMuseum, library
Place of worship c c c c C PP PPP
c
c C C c
C P P
Jail or Detention Center
Transit park and ride lot
School (K-12)
c c c P P
P PTransfer station
c c c P PP
PPP
Pc
c C c c c P P
P P
c c c c-
P P P P P P P P P P P P P P
Transit bus base
All open space and park
uses, as listed below:
Park, recreation field
Animal shelter or
adoption center
All utilities, as listed
below:
Cemetery
Golf course
Minor utilities
PP P P
PPP
P P P P
P P P P P PPPPPPPP
Definition/
Standards
20.39.240
20.39.240
20.39.240
20.39.240
20.39.240
20.39.240
20.39.240
20.39.240
20.39.230
20.39.210
20.39.410
20.39.410
20.39.410
20.39.200
20.39.415
20.39.415Major utilities
Wireless
telecommunication
facilities, as listed below
Amateur radio operator
tower
Small cell wireless
telecommunication
facility
20.39.270
PP PPPP PP
2
20.39.270
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Specific Use t Ntr J
Wreless
telecommunication
tower (excludes
small cell facilities)
c C c C c c c c c c c c c c c c c c c
Commercial Uses
All day care, as listed
below:
Family day care
(6 children or
fewer)
P P P P P
c c c c c Pc P P PP
c C P P
Group day care (mini day
care) (7 to 12)
Day care center
(13 or more)
All indoor recreation,
except as listed below:c
C
c
C
P PCP
c c
Special event facility
Shooting range
C c c C c c c c c c c
Com mercial Entertainment,
except as follows:
P P P P P P
Adult Entertainment C c
c ccPPI
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C c
c c
c
c c c c c
All outdoor recreation,
except as listed below.
Campground, travel
trailer park, RV park
(does not include
mobile home park)
Horse stable, riding
academy, equestrian
center
Shooting range
Marina (upland areas)
All overnight lodging, as
listed below:
P P P P P P P P P
c c c c Pc
-1-
Definition/
Standards
20.39.270
20.39.505
20.39.505
20.39.505
20.39.510
20.39.510
20.39.515
20.39.530
20.39.530
20.39.530
20.39.575
20.39.535
20.39.535
c c
P
c c c
Level 1: Vacation
rentals or similar short-
term house/room rentals
Level 2: Bed and
breakfast (up to 7
rooms)
PP
P
PP 1 _.._
3
Level 3: Motel 20.39.535
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Level 4: Hotel
All medical, except as
listed below:
Hospital c
c c
P P c
c
P P P P P P P P P P P P P P
C c
PPP
C
C C
C c
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I P
P
C CC C P
P
P
c c
P P P P P
P
P
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P P P
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P P
P
P P
P P
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P
P P
cc
cc
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PPPP
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PP
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CP
P
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P P
P PP P
P
cc
PP
P
I otfice, except as listed
ow:
Bail bonds
urface parking
mercial parking,
muter lease parking or
rk and ride, remote
mmercial parking garage
standalone
lectric vehicle
rging stations
All personal service,
except as listed below:
Funeral home
Crematorium
lndoor animal care
Outdoor animal care
NESS SETVICES
Conference center
All restaurants except as
listed below:
Food truck
All retail sales, as listed
below:
Retail establishment (up
to 5,000 gross floor
area)
Retail establishment
(5,001 - 15,000
gross floor area)
c
P
Definition/
Standards
20.39.535
20.39.520
20.39.525
20.39.540
20.39.540
20.12
20.39.545
20.39.545
20.39.550
20.39.555
20.39.570
20.39.310
20.39.562
20.39.565
P
P
P
PP PP PP
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20.39.565
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Specific Use t (\l
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Retail establishment
(15,001 - 50,000
gross floor area)
P P P P
Retail establishment over
(50,000 gross floor area)c P P
Fireworks sales in
accordance with POMC
5 60.
P P
Recreational marij uana
sales P P
Convenience store with
fuel pumps
P
c
Convenience store
without fuel pumps c c PcPP
Fuel station,
including fuel
pumps and fuel
sales, without
convenience store
c-P
Automobile service
station.PcI
P P P
All vehicle and
tool/construction
equipment sales and
rental, as listed below:
Light vehicle and light tool
or construction equipment
sales and rental
Heavy vehicle and heavy
tool or construction
equipment sales and
rental
P P P P
All vehicle service and
repair, as listed below:
Car wash P P P
Vehicle service and
reparr, mrnor
PPP P
P PVehicle service and
reparr, major
PP
Vehicle service and repair,
commercial vehicle
P P P
Definition/
Standards
20.39.565
20.39.565
20.64
20.39.565
20.39.565
20.39.300
20.39.565
20.39.565
20.39.625
20.39.640
20.39.645
5
20.39.650
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Use Category
Specific Use E NE J
ndustrial Uses
All heavy industrial P
All light manufacturing,
except as listed below:P P P
Commercia! laundry, dry
cleaning or carpet
cleaning facility
P P P
Brewery, Distillery under
5.000 souare feet P P P
Brewery, Distillery 5,001 -
15.000 souare feet C c c P P
Brewery, Distillery over
15.000 souare feet P P
P P P P P P P P P P
Food and beverage
processing, boutique
(area used for
processing less than
3,000 sF)
Craft shop
P P P P PPPP P P
Food and beverage
processing, industrial P P P P
Recreational
marijuana production P P
All research and
development P P P P
Resource extraction -
mining, dredging, raw
mineral processing, except:
P P
c
Timber harvesting in the
absence of concurrent
development
c CSand and Gravel Mining
Stockpiling of sand, gravel
or other aggregate
materials
c P P
Sheet metal, welding,
machine shop, tool and
equipment manufacturi ng,
vehicle painting facility
c P P P P
All warehouse, storage
and distribution, as listed
below:
c cc c c
P P P
Definition/
Standards
20.39.605
20.39.610
20.39.610
20.39.610
20.39.610
20.64
20.39.615
20.39.620
20.39.620
20.39.610
6
Enclosed storage P 20.39.655
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Use Category
Specific Use E,
Ntr J
Self-service storage,
mini-warehouse c c c c
Storage yard c c P P P
All waste-related service,
including wastewater
treatment facilities, decant
facilities and recycling
centers
c P
Recreational marij uana
processrng
P P
Agricultural Uses
All agriculture, as listed
below:
Agricultural processing,
excluding marijuana
processrng
c P P
Community garden P P P P P P P P P P
Nursery P P P P
Winery c c c c P P P P
Accessory uses not
otherwise listed below,
as determined by the
[Administrator].
Accessory dwelling
units, as listed below:
Accessory
apartment
(attached dwelling)
P P P P P P
P P P PBackyard cottage
dwelling
P P
Drive-thru facility c P P P P
Home occupation P P P P P P P P P P
P P P P PHome business
Livestock keeping P P P P
Outdoor display P P P P PP P P P
Definition/
Standards
20.39.655
20.39.470
20.39.660
20.64
20.39.705
20.39.705
20.39.705
20.39.705
20.68,20.39.80
20.39.805
20.39.870
20.39.830
20.39.835
20.39.845
7
20.39.850
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Use Category
Specific Use E Ntr
Outdoor storage as listed
below:
P P P P PLow-impact
P P PHigh-impact
P P
Self-Storage as
accessory use to
Apartment
Building
P PPPP
Vehicle service
and repair,
accessory to a
residential use
P
P P P P P P P P P PP P
Park as accessory
use to residential
development
PPPPPPPPPPPPPPPPP
Medical marijuana
cooperative
Definition/
Standards
20.39.855
20.39.855
0 39.860
.39.900
h. 20.64
Key: P = Permitted Use C = Conditional Use -- = Use Not Permitted
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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 June 25, 2019.
ORDINANCE NO. 021-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 20.39 OF THE PORT ORCHARD MUNICIPAL
CODE TO ADOPT REGULATIONS RELATED TO SOCIAL SERVICES
FACILITIES; REPEALING INTERIM ORDINANCE NO. 015-19;
PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 021-19 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. 021-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, July 5, 2019