Packet August 7, 2018CITY OF PORT ORCHARD
Planning Commission
216 Prospect Street, Port Orchard, WA 98366
Voice: (360) 874-5533 • Fax: (360) 876-4980
The public is invited to speak and give testimony on any item under discussion by the Planning Commission. Please sign
in prior to speaking, walk to the podium, and after receiving recognition by the Chairman, state your name, address and
purpose for appearing. Please use the microphone for all of your testimony or comments.
PLANNING COMMISSION MEETING AGENDA
Tuesday, August 7, 2018
1. Call to Order: 6:00 p.m.
Pledge of allegiance
2. Audience Comments – Not on the Agenda
Please limit comments to 3 minutes.
3. Business Items
A. Presentation: Zoning Code Survey Results
B. Public Hearing: Zoning Code Update Draft Chapters
C. Discussion: Planning Commission Retreat
4. Approval of Minutes from June 5 and July 12, 2018
5. Adjourn
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Chapter 20.30
INTRODUCTION TO ZONING, LAND USES, AND BUILDING TYPES
Sections:
20.30.010 Purpose
20.30.020 Application
20.30.010 Purpose.
(1) This subtitle is adopted for the purpose of guiding development in accordance with the Port
Orchard Comprehensive Plan and to protect, promote, and improve the public health, safety,
and general welfare.
(2) This subtitle is enacted to exercise the full range of authority under Washington law to establish
standards to regulate and restrict the:
(a) Height, number of stories, size, construction, reconstruction, alteration, repair, or use of
buildings and structures;
(b) Percentage of lot occupancy, size of courts, yards, and open spaces;
(c) The dimensions of lots and density of development;
(d) The location and use of buildings and structures.
(3) This subtitle is enacted for the following purposes:
(a) To ensure that important environmental features are protected;
(b) To encourage the urban development within the City of Port Orchard consistent with
the Growth Management Act, the Countywide Planning Policies, and the Regional
Growth Strategy;
(c) To protect life and property in areas subject to natural hazards and disasters;
(d) To protect fish, wildlife, and recreation resources;
(e) To avoid undue water and air pollution;
(f) To provide standards for the subdivision of land in addition to those listed in Subtitle V
of this Title.
(g) To encourage economically sound, fiscally sustainable, orderly, and compatible land
development practices in accordance with the comprehensive plan;
(h) To ensure that adequate public facilities and services are provided to Port Orchard
residents at a reasonable cost;
(i) To ensure that development on land is commensurate with the physical characteristics
of the land;
(j) To assure the provision of needed open spaces and public facility sites.
(4) This Subtitle is intended to provide a mechanism for achieving the following goals:
(a) Mix of land uses;
(b) Compact building design;
(c) Creating a range of housing opportunities and choices;
(d) Creating walkable neighborhoods;
(e) Fostering distinctive, attractive communities with a strong sense of place;
(f) Preserving open spaces and natural beauty;
(g) Providing a variety of transportation choices; and
(h) Making development decisions predictable, fair, and cost effective;
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20.30.020 Application
(1) Territorial Application. This Subtitle applies to all land, uses, buildings and structures within Port
Orchard.
(2) General Application. In their interpretation and application, the provisions of this subtitle are
the minimum requirements necessary to meet the purpose and intent of these regulations.
(3) Required Conformance. All buildings, structures or land, in whole or in part, must be used or
occupied in accordance with this subtitle.
(4) Control over less restrictive laws and regulations. If any condition or requirement imposed by
this subtitle is more restrictive than a condition or requirement imposed by any other law, rule
or regulation of any kind, the more restrictive condition or requirement governs.
(5) Conflict. If any condition or requirement imposed by this subtitle contains an actual, implied, or
apparent conflict, the more restrictive condition or requirement controls.
(6) References to Other Laws. Whenever a provision of this subtitle refers to any other part of the
Port Orchard Municipal Code or to any other law, the reference applies to any subsequent
amendment of that law.
(7) Text and Graphics. Illustrations and photographs are included in this Subtitle to illustrate the
intent and requirement of the text. In cases of a conflict between the text and illustrations,
photos, and graphics, the text controls.
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Chapter 20.31
ZONES AND ZONING MAP
Sections:
20.31.010 Zones established.
20.31.020 Boundary questions.
20.31.021 Interpretation – Right-of-way.
20.31.030 Changes.
20.31.040 Annexed land.
20.31.010 Zones established.
(a) The following zones are hereby established:
(1) Greenbelt (GB)
(2) Residential 1 (R1)
(3) Residential 2 (R2)
(4) Residential 3 (R3)
(5) Residential 4 (R5)
(6) Residential 5 (R5)
(7) Residential 6 (R6)
(8) Residential Mixed-Use (RMU)
(9) Neighborhood Mixed-Use (NMU)
(10) Commercial Mixed-Use (CMU)
(11) Business Professional Mixed-Use (BPMU)
(12) Downtown Mixed-Use (DMU)
(13) (Downtown) Gateway Mixed-Use (GMU)
(14) Commercial Corridor (CC)
(15) Commercial Heavy (CGH)
(16) Industrial Flex (IF)
(17) Light Industrial (LI)
(18) Heavy Industrial (HI)
(19) Civic Institutional (CI)
(20) Parks and Recreation (PR)
(21) Public Facilities (PF)
(b) The following Overlay Districts are hereby established:
(1) View Protection Overlay District (VPOD)
(2) Downtown Height Overlay District (DHOD)
(3) Self-Storage Overlay District (SSOD)
(c) The location and boundaries of the various zones are shown on the city’s adopted zoning map
and are codified in this title and made a part of this title. Overlay District Boundaries may be
shown on the City’s adopted zoning map, may be codified elsewhere in this code, or be adopted
as a standalone map. Changes in the boundaries of the zones or overlay districts, including
application or amendment or interim zoning, shall be made by ordinance adopting or amending
the zoning map or alternatively in the case of an overlay district, by amending the standalone
overlay district map or code section.
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(d) Maps may be kept electronically in a Geographic Information System (GIS). Copies published
online or electronically do not constitute originals. Map originals must be kept on file with the
Port Orchard City Clerk and must indicate the date of the adoption and most recent
amendment.
20.31.020 Boundary questions.
Where uncertainty exists as to the boundaries of any zone or overlay district, the following rules of
construction, listed in priority order, shall apply:
(1) Where boundaries are indicated as following approximate lot lines, the actual lot lines shall be
considered the boundaries.
(2) Where boundaries are indicated as following lines of ordinary high water, or government meander
lines, the lines shall be considered to be actual boundaries. If these lines should change, the boundaries
shall be considered to move with them.
(3) If none of the rules of interpretation described in the above subsections apply, then the zoning
boundary shall be determined by map scaling.
20.31.030 Interpretation – Right-of-way.
(1) Except when such areas are specifically designated on the zoning map as being classified in one of
the zones provided in this title, land contained in rights-of-way for streets or alleys shall be considered
unclassified.
(2) Within street or alley rights-of-way, uses shall be limited to street purposes as defined by law.
(3) Where such right-of-way is vacated, the vacated area shall have the zone classification of the
adjoining property with which it is first merged.
20.31.040 Changes.
No change shall be made to a zoning map except by authority of an amending ordinance. Any changes
made otherwise shall be in violation of this title.
20.31.050 Annexed land.
(1) The City’s Comprehensive Plan has predesignated land use and zoning designations for all areas of
the Port Orchard Urban Growth Area as shown on the Land Use Map in the Comprehensive Plan and on
the City’s adopted zoning map. Upon annexation, these predesignated land use and zoning designations
shall apply unless the City Council designates some other zoning designation in the annexation
ordinance.
(2) Any lot subdivided under authority of the county and recognized by the county as a buildable lot will,
upon annexation to the city, be considered a buildable lot, even though it may be smaller than the city
zoning requires for that vicinity and zone.
Commented [NB1]: Conflicts with design standards –
Design Standards Control
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Chapter 20.32
BUILDING TYPES
Sections:
20.32.005 Purpose.
20.32.010 Building Type Descriptions.
20.32.020 Detached House.
20.32.030 Backyard Cottage.
20.32.040 Cottage Court.
20.32.050 Duplex: Side by Side.
20.32.060 Duplex: back to Back.
20.32.070 Attached House.
20.32.080 Four Plex.
20.32.090 Townhouse.
20.32.100 Apartment.
20.32.110 Live Work.
20.32.120 Shopfront House.
20.32.130 Single Story Shopfront.
20.32.140 Mixed Use Shopfront.
20.32.150 General Building.
20.32.005 Purpose.
The purpose of this chapter is to differentiate building types and provide standards for the construction
of different building types to ensure a high quality public realm.
20.32.010 Building Type Descriptions.
(1) Detached House.
a. A building type that accommodates one dwelling unit on an individual lot with yards on
all sides. A new manufactured home shall be considered a detached house for the
purposes of this Title. "New manufactured home" means any manufactured home
required to be titled under Title 46 RCW, which has not been previously titled to a retail
purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2). A new
Manufactured Home shall be treated as a Detached House for the purposes of this Title.
b. Zones where permitted: R1, R2, R3, R6, RMU, NMU, BPMU
(2) Backyard Cottage.
a. A small self-contained accessory dwelling unit located on the same lot as a detached
house but physically separated.
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b. Zones where permitted:
(3) Cottage Court.
a. A building type that accommodates 5 to 9 detached dwelling units organized around an
internal shared courtyard.
b. Zones where permitted:
(4) Duplex: Side by Side.
a. A building type that accommodates two dwelling units on an individual lot separated
vertically side by side that share a common wall.
b. Zones where permitted:
(5) Duplex: Back to back.
a. A building type that accommodates two dwelling units on an individual lot separated
vertically with one unit located directly behind the other unit that share a common wall.
b. Zones where permitted:
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(6) Attached House.
a. A building type that accommodates two attached dwelling units located on two
separate lots that share a common wall along a lot line.
b. Zones where permitted:
(7) Four-plex.
a. A building type that accommodates 3 to 4 dwelling units vertically or horizontally
integrated.
b. Zones where permitted:
(8) Townhouse.
a. A building type that accommodates 3 or more dwelling units where each unit is
separated vertically by a common side wall. Units cannot be vertically mixed.
b. Zones where permitted.
(9) Apartment.
a. A building type that accommodates 5 or more dwelling units vertically and horizontally
integrated.
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b. Zones where permitted.
(10) Live Work.
a. A building type that accommodates 3 or more units. Units allow for residential and
nonresidential uses in the same physical space. Units may be vertically or horizontally
mixed.
b. Zones where permitted:
(11) Shopfront House.
a. A building type that typically accommodates ground floor retail, office or commercial
uses with upper-story residential or office uses at a scale that complements the existing
residential character of the area.
b. Zones where permitted:
(12) Single-Story Shopfront
a. A single-story building type that typically accommodates retail or commercial uses.
b. Zones where permitted:
(13) Mixed Use Shopfront.
a. A building type that typically accommodates ground floor retail, office or commercial
uses with upper-story residential or office uses
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b. Zones where permitted:
(14) General Building.
a. A building type that typically accommodates ground floor retail, office, or commercial
uses with upper-story residential or office uses.
b. Zones where permitted:
(15) Manufactured or Mobile Home Park.
a. A cluster of manufactured or mobile homes configured such that more than one mobile
home is located on a lot, parcel, or tract. A Manufactured Home Park typically features
land or un-subdivided lots leased or rented by the manufactured home owner.
b. Zones where permitted: None. New mobile home parks are not permitted. Existing
legal nonconforming mobile home parks may be maintained.
(16) Accessory Building:
a. An accessory building is any building of which the form and use are subordinate in both
purpose and size, incidental to and customarily associated with a permitted principal
building and use located on the same lot.
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20.32.020 Detached House.
(1) Definition: A building type that accommodates one dwelling unit on an individual lot with yards
on all sides.
(2) Districts where allowed: GB, R1, R2, R3, R6, NMU, BPMU
(3) Lot and Placement:
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a. Minimum/Maximum Lot Area: Set by District.
b. Minimum Lot Width. Set by District.
c. Maximum Lot Coverage: Set by District.
d. Building and Structure Setback from Primary Street lot line: Set by District.
e. Building and Structure Setback from Side Street lot line: Set by District.
f. Building and Structure Setback from Side Interior lot line: Set by District.
g. Building and Structure Setback from Rear lot line: Set by District
(4) Maximum dwelling units per lot: 1 Primary, 1 Accessory
(5) Build to Zone (BTZ)
a. Building Façade in primary street BTZ: Does not apply.
b. Building façade in secondary street BTZ: Does not apply.
(6) Height and Form.
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a. Maximum Principal Building Height: 3 stories / 35 feet max
b. Accessory Structure: 24 feet max
c. Minimum Ground Floor Elevation: 2 Feet Minimum
d. Pedestrian Access.
i. Entrance facing primary street: Required.
e. Building Elements Allowed:
i. Balcony. See section 20.122.030
ii. Porch. See section 20.122.060
iii. Stoop. See section 20.122.070
f. Parking Location
i. Front/corner yard restrictions: See 20.122.070
ii. Garage door restrictions: See 20.122.070
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20.32.030 Backyard Cottage
(1) Definition: A small self-contained accessory dwelling unit located on the same lot as a detached
house but physically separated, for use as a complete, independent living facility, with
provisions for cooking, sanitation and sleeping.
(2) Districts where allowed: R1, R2, R3, R6, NMU, RMU, BPMU
(3) Lot and Placement:
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a. Minimum/Maximum Lot Area: Set by District.
b. Minimum Lot Width: Set by District.
c. Maximum Lot Coverage: Set by District.
d. Building and Structure Setback from Primary Street lot line: Set by District.
e. Building and Structure Setback from Side Street lot line: Set by District.
f. Building and Structure Setback from Side Interior lot line: Set by District.
g. Building and Structure Setback from Rear lot line: Set by District
h. Minimum Building separation: 10’
i. Maximum Heated floor area: See section 20.32.080.
(4) Max dwelling units per lot: 1 Backyard Cottage may be permitted as an accessory use to 1
detached house or New Manufactured Home on a lot.
(5) Build to Zone (BTZ)
a. Building Façade in primary street BTZ: Does not apply.
b. Building façade in secondary street BTZ: Does not apply.
(6) Height and Form.
a. Maximum Accessory Structure Height: 24 Feet
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b. Minimum Ground Floor Elevation: 2 Feet Minimum
c. Pedestrian Access.
i. Entrance facing primary street: Does not apply.
d. Building Elements Allowed:
i. Balcony. Does not apply.
ii. Porch. Does not apply.
iii. Stoop. Does not apply.
e. Parking Location
i. Front/corner yard restrictions: Does not apply.
ii. Garage door restrictions: See Section 20.32.170.
iii. Additional on-site parking required: See section XXXX.
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20.32.040 Cottage Court.
(1) Definition: A building type that accommodates 5 to 12 detached dwelling units on individual lots
organized around an internal shared courtyard.
(2) Districts where allowed: R2, R3, R6, RMU, NMU
(3) Lot and Placement
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a. Minimum Site Area: 22,500 square feet
b. Minimum Site Width and Depth: 150’
c. Minimum Lot Area: 1,200 square feet
d. Minimum Lot Width: 20’
e. Maximum Principal Building Footprint: 1,200 square feet
f. Building and Structure Setback from Primary Street lot line: Set by District.
g. Building and Structure Setback from Side Street lot line: Set by District.
h. Building and Structure Setback from Side Interior lot line: Set by District.
i. Building and Structure Setback from Rear lot line: Set by District
(4) Maximum Dwelling Units allowed per site: 5-12
(5) Additional site area required per dwelling unit beyond 5: 4,500 square feet
(6) Maximum Lot Coverage: Does not apply
(7) Build to Zone (BTZ)
a. Building Façade in primary street BTZ: Does not apply.
b. Building façade in secondary street BTZ: Does not apply.
(8) Height and Form.
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a. Maximum Principal Building Height: 1.5 stories / 24 feet Max
b. Maximum Building Wall Plate Height: 18 feet
c. Maximum Accessory Structure Height: 18 feet
d. Minimum Ground Floor Elevation: 2 feet
e. Courtyard Area:
a. Minimum Area: 3,000 square feet
b. Additional Minimum Courtyard Area per dwelling unit beyond 5 units: 600
square foot minimum.
c. Courtyard cannot be parked or driven on, except for emergency access and as
permitted for temporary events.
f. Minimum Courtyard Width
a. 40 feet
g. Building Elements Allowed:
i. Balcony. See section 20.122.030
ii. Porch. See section 20.122.060
iii. Stoop. See section 20.122.070
h. Parking Location
i. Front/corner yard restrictions: Not allowed.
ii. Garage door restrictions: See 20.32.070
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20.32.050 Duplex: Side by Side.
(1) Definition: A building type that accommodates two dwelling units on an individual lot separated
vertically side by side that share a common wall.
(2) Districts where allowed: R2, R3, RMU, NMU, BPMU
(3) Lot and Placement
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a. Minimum Lot Area: Set by district.
b. Minimum Lot Width: Set by district.
c. Maximum Lot Coverage: Set by District
d. Primary Street Setback: Set by District.
e. Side Street Setback: Set by District.
f. Side Interior Setback: Set by District.
g. Rear Setback: Set by District
(4) Dwellings allowed per lot: 2 min, 2 max
(5) Build to Zone (BTZ)
a. Building Façade in primary street BTZ: Does not apply.
b. Building façade in secondary street BTZ: Does not apply.
(6) Height and Form.
a. Maximum Principal Building Height: 3 stories / 35 feet
b. Maximum Accessory Structure Height: 24’ feet
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c. Minimum Ground Floor Elevation: 2 feet Minimum
d. Pedestrian Access.
i. Entrance facing primary street: Required.
e. Building Elements Allowed:
i. Balcony. See section 20.122.030
ii. Porch. See section 20.122.060
iii. Stoop. See section 20.122.070
f. Parking Location
i. Front/corner yard restrictions: See 20.32.070
ii. Garage door restrictions: See 20.32.070
g. Maximum Garage Door Width for garage bays facing primary street: 10 feet.
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20.32.060 Duplex: Back to Back.
(1) Definition: A building type that accommodates two dwelling units on an individual lot separated
vertically with one unit located directly behind the other unit that share a common wall.
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(2) Districts where allowed: R2, R3, RMU, NMU, BPMU
(3) Lot and Placement:
a. Minimum Lot Area: Set by District
b. Minimum Lot Width: Set by District
c. Maximum Lot Coverage: Set by District
d. Primary Street Setback: Set by District.
e. Side Street Setback: Set by District.
f. Side Interior Setback: Set by District.
g. Rear Setback: Set by District
(4) Dwellings allowed per lot: 2 min, 2 max
(5) Build to Zone (BTZ)
a. Building Façade in primary street BTZ: Does not apply.
b. Building façade in secondary street BTZ: Does not apply.
(6) Height and Form.
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a. Maximum Principal Building Height: 3 stories / 35 feet Max
b. Maximum Accessory Structure Height: 24 feet Max
c. Minimum Ground Floor Elevation: 2 feet Minimum
d. Pedestrian Access.
i. Entrance facing primary street: Required.
e. Building Elements Allowed:
i. Balcony. See section 20.32.070
ii. Porch. See section 20.32.070
iii. Stoop. See section 20.32.070
f. Parking Location
i. Front/corner yard restrictions: See 20.32.070
ii. Garage door restrictions: See 20.32.070
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POMC 20.32.070 Attached House
(1) Definition: A building type that accommodates two attached dwelling units located on two
separate lots that share a common wall along a lot line.
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(2) Districts where allowed: R2, R3, RMU, NMU, BPMU
(3) Lot and Placement
a. Minimum Lot Area: Set by District
b. Minimum Lot Width: Set by District
c. Maximum Lot Coverage: Set by District
d. Primary Street Setback: Set by District.
e. Side Street Setback: Set by District.
f. Side Interior Setback: Set by District.
g. Rear Setback: Set by District
(4) Dwellings allowed per lot: 1 min, 1 max
(5) Build to Zone (BTZ)
a. Building Façade in primary street BTZ: Does not apply.
b. Building façade in secondary street BTZ: Does not apply.
(6) Height and Form.
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a. Maximum Principal Building Height: 3 stories / 35 feet
b. Maximum Accessory Structure Height: 24 feet
c. Minimum Ground Floor Elevation: 2 feet Minimum
d. Pedestrian Access.
i. Entrance facing primary street: Required.
e. Building Elements Allowed:
i. Balcony. See section 20.32.070
ii. Porch. See section 20.32.070
iii. Stoop. See section 20.32.070
f. Parking Location
i. Front/corner yard restrictions: See 20.32.070
ii. Garage door restrictions: See 20.32.070
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20.32.080 Four-Plex.
(1) Definition: A building type that accommodates 3-4 dwelling units vertically or horizontally
integrated.
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(2) Districts where allowed: R3, R4, R5, RMU, NMU
(3) Lot and Placement
a. Minimum Lot Area: 7,000 square feet
b. Minimum Lot Width: 65’
c. Maximum Lot Coverage: Set by District
d. Primary Street Setback: Set by District.
e. Side Street Setback: Set by District.
f. Side Interior Setback: Set by District.
g. Rear Setback: Set by District
(4) Dwellings allowed per lot: Minimum 3, Maximum 4
(5) Build to Zone (BTZ)
a. Building Façade in primary street BTZ: Set by District.
b. Building façade in secondary street BTZ: Set by District.
(6) Height and Form.
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a. Maximum Principal Building Height: 3 stories / 35 feet
b. Maximum Accessory Structure Height: 24 feet
c. Minimum Ground Floor Elevation: 2 feet
d. Minimum Ground Floor Transparency: 20%
e. Minimum Upper Floor Transparency: 20%
f. Maximum Blank Wall Area: 35’
g. Pedestrian Access.
i. Entrance facing primary street: Required.
h. Building Elements Allowed:
i. Awning/canopy. See Section 20.32.160
ii. Balcony. See section 20.32.070
iii. Porch. See section 20.32.070
iv. Stoop. See section 20.32.070
i. Parking Location
i. Front/corner yard restrictions: Parking Not allowed in front/corner yards.
ii. Garage Door Restrictions: See section 20.32.170.
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20.32.090 Townhouse
(1) Definition: A building type that accommodates 3 or more dwelling units where each unit is
separated vertically by a common side wall. Units cannot be vertically mixed.
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(2) Districts where allowed: R3, R4, R5, RMU, CMU, GMU, BPMU
(3) Lot and Placement
a. Minimum Site Area: 5,000 SF Min
b. Minimum Site Width: 70'
c. Minimum Lot Area: 1,500 square feet
d. Minimum Lot Width (Set by district):
e. Maximum Lot Coverage: Set by District
f. Primary Street Setback: Set by District.
g. Side Street Setback: Set by District.
h. Side Interior Setback: Set by District.
i. Rear Setback: Set by District
(4) Dwellings allowed per site/lot: 1 min, no max
(5) Build to Zone (BTZ)
a. Building Façade in primary street BTZ: Set by District
b. Building façade in secondary street BTZ: Set by District
(6) Height and Form.
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a. Maximum Principal Building Height: 3 stories / 35 feet Max
b. Accessory Structure: 24 feet Max
c. Minimum Ground Floor Elevation: 2 feet Minimum
d. Unit Width: 20 foot Min
e. Number of Units Permitted in a row: 6 max
f. Transparency ground story: 20% minimum
g. Transparency upper story: 20% minimum
h. Blank wall area: 35 feet max.
i. Pedestrian Access.
i. Entrance facing primary street: Required.
j. Building Elements Allowed:
i. Awning/canopy: See section 20.32.170
ii. Balcony. See section 20.32.170
iii. Porch. See section 20.32.170
iv. Stoop. See section 20.32.170
k. Parking Location
i. Front/corner yard restrictions: Not allowed in front/corner yards.
ii. Garage door restrictions: See section 20.32.170.
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20.32.100 Apartment.
(1) Definition: A building type that accommodates 5 or more dwelling units vertically and
horizontally integrated.
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(2) Districts where allowed: R3, R4, R5, RMU, NMU, GMU, CC
(3) Lot and Placement
a. Minimum Lot Area: Set by District
b. Minimum Lot Width: Set by District
c. Maximum Lot Coverage: Set by District
d. Primary Street Setback: Set by District.
e. Side Street Setback: Set by District.
f. Side Interior Setback: Set by District.
g. Rear Setback: Set by District
(4) Dwellings allowed per lot: 5 min, no max
(5) Build to Zone (BTZ)
a. Building Façade in primary street BTZ: Set by district.
b. Building façade in secondary street BTZ: Set by district.
(6) Height and Form.
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a. Maximum building and structure height: Set by district
b. Minimum Ground Floor Elevation: 2 feet Minimum
c. Maximum building length:
d. Minimum ground story transparency: 20%
e. Minimum upper story transparency: 20%
f. Maximum blank wall area: 35’
g. Pedestrian Access.
i. Entrance facing primary street: Required.
ii. Entrance spacing along primary street: 100’ max.
h. Building Elements Allowed:
i. Awning/canopy: See section 20.32.170
ii. Balcony. See section 20.32.170
iii. Forecourt: See section 20.32.170
iv. Porch. See section 20.32.170
v. Stoop. See section 20.32.170
i. Parking Location
i. Front/corner yard restrictions: Not allowed.
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20.32.110 Live Work.
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(1) Definition: A building type that accommodates 3 or more units. Units allow for residential and
nonresidential uses in the same physical space. Units may be vertically or horizontally mixed.
(2) Districts where allowed: RMU, NMU, BPMU, CMU, GMU, DMU, IF, CC
(3) Lot and Placement
a. Minimum Site Area: 4,000 square feet
b. Minimum Site Width: 55 feet
c. Minimum Lot size: 1,000 SF min
d. Minimum Lot Width: 16 feet Min
e. Maximum Lot Coverage: Set by District
f. Primary Street Setback: Set by District.
g. Side Street Setback: Set by District.
h. Side Interior Setback: Set by District.
i. Rear Setback: Set by District
(4) Units per lot: 1 min / no max
(5) Build to Zone (BTZ)
a. Building Façade in primary street BTZ: Set by District.
b. Building façade in secondary street BTZ: Set by District.
(6) Height and Form.
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a. Maximum Building and Structure Height: 3 stories / 35 feet
b. Minimum Ground Story Height: 12 feet
c. Minimum Ground Floor Elevation: 2 feet
d. Unit Width: 15 feet Min / 30 feet Max
e. Number of Units Permitted in a Row: 6
f. Minimum ground story transparency: 20%
g. Minimum upper story transparency: 20%
h. Maximum blank wall area: 35 feet
i. Pedestrian Access.
i. Entrance facing primary street: Required.
j. Building Elements Allowed:
i. Awning/Canopy: See 20.32.170
ii. Balcony. See section 20.32.170
iii. Porch. See section 20.32.170
iv. Stoop. See section 20.32.170
k. Parking Location
i. Front/corner yard restrictions: See 20.32.170
ii. Garage Door Restrictions: See section 20.32.170
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20.32.120 Shopfront House.
37
(1) Definition: A building type that typically accommodates ground floor retail, office or commercial
uses with upper-story residential or office uses at a scale that complements the existing
residential character of the area.
(2) Districts where allowed: NMU, CMU, RMU, GMU, CC, BPMU
(3) Lot and Placement
a. Minimum Lot Area: Set by District
b. Minimum Lot Width: Set by District
c. Maximum Lot Coverage: Set by District
d. Primary Street Setback: Set by District.
38
e. Side Street Setback: Set by District.
f. Side Interior Setback: Set by District.
g. Rear Setback: Set by District
(4) Dwellings allowed per lot: 2 min, 2 max
(5) Build to Zone (BTZ)
a. Building Façade in primary street BTZ: Set by District
b. Building façade in secondary street BTZ: Set by District.
(6) Height and Form.
a. Maximum Principal Building Height: 3 stories / 35 feet
b. Minimum Ground Story Height: 10 feet
c. Maximum Building Length: 50 feet
d. Maximum Building depth: 75 feet
e. Minimum ground story transparency: 40%
f. Minimum upper story transparency: 20%
g. Pedestrian Access.
i. Entrance facing primary street: Required.
h. Building Elements Allowed:
i. Awning/canopy: See 20.32.170
ii. Balcony. See section 20.32.170
iii. Porch. See section 20.32.170
iv. Stoop. See section 20.32.170
i. Parking Location
i. Front/corner yard restrictions: Not allowed.
ii. Garage door restrictions: See 20.32.170.
39
20.32.130 Single Story Shopfront
(1) Definition: A single story building type that typically accommodates retail or commercial uses.
40
(2) Districts where allowed: CMU, CC, CH, DMU, GMU
(3) Lot and Placement
a. Minimum Lot Area: Set by District
b. Minimum Lot Width: Set by District
c. Maximum Lot Coverage: Set by District
d. Primary Street Setback: Set by District.
e. Side Street Setback: Set by District.
f. Side Interior Setback: Set by District.
g. Rear Setback: Set by District
(4) Build to Zone (BTZ)
a. Building Façade in primary street BTZ: Set by district.
b. Building façade in secondary street BTZ: set by district.
(5) Height and Form.
41
a. Maximum Principal Building Height: 1 stories / 24 feet
b. Minimum ground story height: 12 feet
c. Maximum building length: 150 feet
d. Ground story transparency:
i. Ground Story: 60% min
ii. Ground Story w/building footprint 20,000 square feet or more: 30% min
e. Blank Wall Area:
i. 25 feet max
ii. Building footprint 20,000 square feet or more: 75 feet max
f. Pedestrian Access - Entrance facing primary street: Required.
g. Entrance spacing along primary street:
i. 75’ max
ii. Building footprint of 20,000 sf or more: 125 feet max
h. Building Elements Allowed:
i. Balcony. See section 20.32.170
ii. Forecourt. See section 20.32.170
iii. Gallery. See section 20.32.170
i. Parking Location
i. Front/corner yard restrictions: Set by district.
42
20.32.140 Mixed Use Shopfront.
(1) Definition: A building type that typically accommodates ground floor retail, office or commercial
uses with upper-story residential or office uses
43
(2) Districts where allowed: RMU, BPMU, CMU, DMU, GMU, CC
(3) Lot and Placement
a. Minimum Lot Area: Set by District
b. Minimum Lot Width: Set by District
c. Maximum Lot Coverage: Set by District
d. Primary Street Setback: Set by District.
e. Side Street Setback: Set by District.
f. Side Interior Setback: Set by District.
g. Rear Setback: Set by District
h. Build to Zone (BTZ) - Building Façade in primary street BTZ: Set by district.
i. Build to Zone (BTZ) - Building façade in secondary street BTZ: Set by district.
(4) Dwellings allowed per lot: No Limit
(5) Height and Form.
44
a. Maximum Building and Structure Height: Set by District
b. Minimum ground story height: 12 feet
c. Maximum building length: 120 feet
d. Minimum ground story transparency: 60%
e. Minimum upper story transparency: 20%
f. Blank wall area: 25 feet max
g. Pedestrian Access - Entrance facing primary street: Required.
h. Entrance spacing along primary street: 75 feet max
i. Building Elements Allowed:
i. Awning/Canopy. See section 20.32.170
ii. Forecourt. See section 20.32.170
iii. Gallery. See section 20.32.170
j. Parking Location: Set by District
45
20.32.150 General Building
46
(1) Definition: A building type that accommodates commercial, office, agricultural, or industrial
uses.
(2) Districts where allowed: RMU, BPMU, CMU, GMU, CC, CH, IF, IL, IH, CI, PR, PF
(3) Lot and Placement
a. Minimum Lot Area: Set by District
b. Minimum Lot Width: Set by District
c. Maximum Lot Coverage: Set by District
d. Primary Street Setback: Set by District.
e. Side Street Setback: Set by District.
f. Side Interior Setback: Set by District.
g. Rear Setback: Set by District
h. Build to Zone (BTZ) - Building Façade in primary street BTZ: set by district.
i. Build to Zone (BTZ) - Building façade in secondary street BTZ: set by district.
(4) Dwellings allowed per lot: Not Permitted
(5) Height and Form.
47
a. Maximum Building and structure Height: Set by district
b. Minimum Ground Story Height: 10 feet
c. Maximum building length: 120 feet
d. Minimum ground story transparency: 40%
e. Minimum upper story transparency: 20%
f. Maximum blank wall area: 50 feet
g. Pedestrian Access - Entrance facing primary street: Required.
h. Pedestrian Access – Entrance Spacing along Primary Street 125 feet max.
k. Building Elements Allowed:
iv. Awning/Canopy. See section 20.32.170
v. Forecourt. See section 20.32.170
vi. Gallery. See section 20.32.170
i. Parking Location: Set by district.
1
Chapter 20.33
GREENBELT DISTRICT
Sections:
20.36.010 Greenbelt.
(1) Intent.
The Greenbelt district is intended to protect sensitive natural resources. Residential development not
exceeding 1 single-family residential unit per 2 acres, and certain other compatible land uses, are
allowed to supplement the protection of these resources in exchange for preserving open space.
(2) Building Types Allowed.
The following building types are allowed:
Detached single-family house
Backyard Cottage
General Building
Greenbelt Buildings
(3) Lot Dimensions.
Gross Density: 1 unit/2 acres maximum
Area (A) Width (B)
Detached house 2 acres min No Minimum
(4) Maximum hard surface coverage is 15%.
2
Greenbelt Lot Dimensions
(5) Building Placement.
Principal building setbacks.
Primary street 15 ft min (A)
Side street 10 ft min (B)
Side interior 5 ft min (C)
Rear 10 ft min (D)
Commented [NB1]: Accessory Setback
3
Greenbelt Building Placement
(6) Building height.
Principal building 3 stories/35 ft max (A)
Accessory structure 24 ft max (B)
Greenbelt Building Height
1
Chapter 20.34
RESIDENTIAL DISTRICTS
Sections:
20.34.010 Residential 1 (R1).
20.34.020 Residential 2 (R2).
20.34.030 Residential 3 (R3) .
20.34.040 Residential 4 (R4) .
20.34.050 Residential 5 (R5).
20.34.060 Residential 6 (R6) .
20.34.010 Residential 1 (R1).
(1) Intent. The R1 district is intended to accommodate single-family detached houses with a minimum
lot size of 6,000 square feet. R1 may be applied in areas designated as Residential Low in the Port
Orchard Comprehensive Plan. Uses and building types that would substantially interfere with the single
family residential nature of the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R1 zone are as follows:
a. Detached house (POMC 20.32.020)
b. Backyard Cottage (detached ADU) (POMC 20.32.030)
c. Accessory Buildings (POMC 20.32.010 (16))
R1 Building Types
2
(3) Lot Dimensions.
a. Minimum lot size: 6,000 square feet.
b. Minimum lot width: 50 feet.
(4) Maximum hard surface coverage is 50%.
(5) Principal building setbacks.
(a) Primary Street: 15 feet minimum or average front setback (See POMC 20.40.020)
(b) Side Street: 10 feet minimum
(c) Side Interior: 5 feet minimum
(d) Rear: 10 feet minimum
(6) Accessory Structure Setbacks
(e) Primary Street: 40 feet minimum
(f) Side Street: 10 feet minimum
(g) Side Interior: 5 feet minimum
(h) Rear: 3 feet minimum (Rear setback for an accessory structure abutting an alley may be reduced to 2
feet)
3
R1 Building Placement
(7) Building height.
(a) Principal building: 3 stories/35 ft max
(b) Accessory structure: 24 ft max
R1 Building Height
4
20.34.020 Residential 2 (R2)
(1) Intent. The R2 district is primarily intended to accommodate detached house, duplex, and
townhome development with a minimum lot size that varies based on building type. The R2 district is
intended to implement the residential medium density Comprehensive Plan designation. Additional
building types that are allowed include backyard cottage (detached accessory dwelling unit), cottage
court, duplex and attached house. Uses that would substantially interfere with the residential nature of
the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R2 zone are as follows:
a. Detached house (POMC 20.32.020)
b. Backyard Cottage (detached ADU) (POMC 20.32.030)
c. Cottage Court (POMC 20.32.040)
d. Duplex: side by side (POMC 20.32.050)
e. Duplex: back to back (POMC 20.32.060)
f. Attached House (POMC 20.32.070)
g. Townhome (POMC 20.32.090) (3-4 units only)
h. Accessory Buildings (POMC 20.32.010 (16))
R2 Building Types
5
(3) Lot Dimensions.
R2 Lot Dimensions
a. Minimum Lot Size by building type:
i. Detached house (POMC 20.32.020):
(a) Lots that take vehicular access from primary street: 5,000 square feet
(b) Lots that do not take vehicular access from primary street: 3,000 square
feet
ii. Backyard Cottage (detached ADU) (POMC 20.32.030): Not Applicable.
iii. Cottage Court (POMC 20.32.040): 1,200 square feet
iv. Duplex: side by side (POMC 20.32.050): 5,000 square feet
v. Duplex: back to back (POMC 20.32.060): 5,000 square feet
vi. Attached House (POMC 20.32.070): 2,500 square feet
b. Minimum Lot Width:
i. Detached house (POMC 20.32.020):
(a) Lots that take vehicular access from primary street: 50 feet
(b) Lots that do not take vehicular access from primary street: 30 feet
ii. Backyard Cottage (detached ADU) (POMC 20.32.030): Not Applicable
iii. Cottage Court (POMC 20.32.040): 20 feet
iv. Duplex: side by side (POMC 20.32.050):
(a) Lots that take vehicular access from primary street: 60 feet
(b) Lots that do not take vehicular access from primary street: 40 feet
v. Duplex: back to back (POMC 20.32.060): 40 feet
vi. Attached House (POMC 20.32.070):
(a) Lots that take vehicular access from primary street: 30 feet
(b) Lots that do not take vehicular access from primary street: 20 feet
(4) Maximum hard surface coverage is 70%.
6
(5) Principal building setbacks.
(a) Primary Street: 15 feet minimum or average front setback (See POMC 20.40.020)
(b) Side Street: 10 feet minimum
(c) Side Interior: 5 feet minimum (Except attached housing types with dwellings on individual lots such
as townhomes or attached houses which do not require a side interior setback.)
(d) Rear: 10 feet minimum (Rear setback for an accessory structure abutting an alley may be reduced to
2 feet)
(6) Accessory Structure Setbacks
(e) Primary Street: 40 feet minimum
(f) Side Street: 10 feet minimum
(g) Side Interior: 5 feet minimum
(h) Rear: 10 feet minimum (Rear setback for an accessory structure abutting an alley may be reduced to
2 feet)
R2 Building Placement
(7) Building height.
Principal building 3 stories/35 ft max (A)
Accessory structure 24 ft max (B)
R2 Building Height
7
20.34.030 Residential 3 (R3)
(1) Intent. The R3 district is intended to accommodate a variety of residential options limited to 3
stories in height. The R3 zone should be applied in areas designated as residential medium density in
the Port Orchard Comprehensive Plan. Uses that would substantially interfere with the residential
nature of the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R3 zone are as follows:
a. Detached house (POMC 20.32.020)
b. Backyard Cottage (detached ADU) (POMC 20.32.030)
c. Cottage Court (POMC 20.32.040)
d. Duplex: side by side (POMC 20.32.050)
e. Duplex: back to back (POMC 20.32.060)
f. Attached House (POMC 20.32.070)
g. Four-plex (POMC 20.32.080)
h. Townhouse (POMC 20.32.090)
i. Apartment (POMC 20.32.100)
j. Accessory Buildings (POMC 20.32.010 (16))
R3 Building Types
(3) Lot Dimensions.
a. Minimum Lot Size by building type:
i. Detached house (POMC 20.32.020):
(a) Lots that take vehicular access from primary street: 4,000 square feet
(b) Lots that do not take vehicular access from primary street: 2,500 square
feet
ii. Backyard Cottage (detached ADU) (POMC 20.32.030): Not Applicable.
iii. Cottage Court (POMC 20.32.040): 1,200 square feet
8
iv. Duplex: side by side (POMC 20.32.050): 5,000 square feet
v. Duplex: back to back (POMC 20.32.060): 5,000 square feet
vi. Attached House (POMC 20.32.070): 2,500 square feet
vii. Four-plex: 7,000 square feet
viii. Townhouse (POMC 20.32.090): 1,000 square feet
ix. Apartment (POMC 20.32.100): 10,000 square feet
b. Minimum Lot Width:
i. Detached house (POMC 20.32.020):
(a) Lots that take vehicular access from primary street: 40 feet
(b) Lots that do not take vehicular access from primary street: 26 feet
ii. Backyard Cottage (detached ADU) (POMC 20.32.030): Not Applicable
iii. Cottage Court (POMC 20.32.040): 20 feet
iv. Duplex: side by side (POMC 20.32.050):
(a) Lots that take vehicular access from primary street: 60 feet
(b) Lots that do not take vehicular access from primary street: 40 feet
v. Duplex: back to back (POMC 20.32.060): 40 feet
vi. Attached House (POMC 20.32.070):
(a) Lots that take vehicular access from primary street: 30 feet
(b) Lots that do not take vehicular access from primary street: 20 feet
vii. Four-plex (POMC 20.32.080): 60 feet
viii. Townhouse:
(a) Lots that take vehicular access from primary street: 30 feet
(b) Lots that do not take vehicular access from primary street: 16 feet
ix. Apartment: 80 feet
R3 Lot Dimensions
(4) Maximum hard surface coverage is 80%.
(5) Principal building setbacks.
(a) Primary Street: 15 feet minimum or average front setback (See POMC 20.40.020)
(b) Side Street: 10 feet minimum
9
(c) Side Interior: 5 feet minimum (Except attached housing types with dwellings on individual lots such
as townhomes or attached houses which do not require a side interior setback.)
(d) Rear: 10 feet minimum
(6) Accessory Structure Setbacks
(e) Primary Street: 40 feet minimum
(f) Side Street: 10 feet minimum
(g) Side Interior: 5 feet minimum
(h) Rear: 10 feet minimum (Rear setback for an accessory structure abutting an alley may be reduced to
2 feet)
R3 Building Placement
(7) Building height.
Principal building 3 stories/35 ft max (A)
Accessory structure 24 ft max (B)
R3 Building Height
10
Residential 4 (R4)
(1) Intent. The R4 district is intended to accommodate a variety of multifamily residential options at
heights of 45 feet or less. Uses that would substantially interfere with the residential nature of the
district are not allowed.
(2) Building Types Allowed. The allowed building types in the R4 zone are as follows:
a. Cottage Court (POMC 20.32.040)
b. Four-plex (POMC 20.32.080)
c. Townhouse (POMC 20.32.090)
d. Apartment (POMC 20.32.100)
e. Accessory Buildings (POMC 20.32.010 (16))
R4 Building Types
(3) Lot Dimensions.
a. Minimum Lot Size by building type:
i. Cottage Court (POMC 20.32.040): 1,200 square feet
ii. Four-plex: 7,000 square feet
iii. Townhouse (POMC 20.32.090): 1,000 square feet
iv. Apartment (POMC 20.32.100): 10,000 square feet
b. Minimum Lot Width:
i. Cottage Court (POMC 20.32.040): 20 feet
ii. Four-plex (POMC 20.32.080): 60 feet
iii. Townhouse:
(a) Lots that take vehicular access from primary street: 30 feet
(b) Lots that do not take vehicular access from primary street: 16 feet
iv. Apartment: 80 feet
11
R4 Lot Dimensions
(4) Maximum hard surface coverage is: 80%.
(5) Building setbacks.
(a) Primary Street: 15 feet minimum or average front setback (See POMC 20.40.020)
(b) Side Street: 10 feet minimum
(c) Side Interior: 5 feet minimum (Except attached housing types with dwellings on individual lots such
as townhomes which do not require a side interior setback.)
(d) Rear: 10 feet minimum (4 feet minimum where abutting an alley).
(6) Build-to-Zone (BTZ)
(e) Building façade in primary street: 60% min BTZ (% of lot width)
(f) Building façade in side street: 30% min BTZ (% of lot width)
R4 Building Placement
12
(7) Building height.
a. All buildings and structures: 4 stories/45 feet maximum
R4 Building Height
Residential 5 (R5)
(1) Intent. The R5 district is intended to accommodate a variety of multifamily residential options at
heights of 55 feet or less. Uses that would substantially interfere with the residential nature of the
district are not allowed.
(2) Building Types Allowed. The allowed building types in the R5 zone are as follows:
f. Cottage Court (POMC 20.32.040)
g. Four-plex (POMC 20.32.080)
h. Townhouse (POMC 20.32.090)
i. Apartment (POMC 20.32.100)
j. Accessory Buildings (POMC 20.32.010 (16))
13
R5 Building Types
(3) Lot Dimensions.
c. Minimum Lot Size by building type:
i. Cottage Court (POMC 20.32.040): 1,200 square feet
ii. Four-plex: 7,000 square feet
iii. Townhouse (POMC 20.32.090): 1,000 square feet
iv. Apartment (POMC 20.32.100): 10,000 square feet
d. Minimum Lot Width:
i. Cottage Court (POMC 20.32.040): 20 feet
ii. Four-plex (POMC 20.32.080): 60 feet
iii. Townhouse:
(a) Lots that take vehicular access from primary street: 30 feet
(b) Lots that do not take vehicular access from primary street: 16 feet
iv. Apartment: 80 feet
14
R5 Lot Dimensions
(4) Maximum hard surface coverage is 80%.
(5) Principal building setbacks.
(a) Primary Street: 15 feet minimum or average front setback (See POMC 20.40.020)
(b) Side Street: 10 feet minimum
(c) Side Interior: 5 feet minimum (Except attached housing types with dwellings on individual lots such
as townhomes which do not require a side interior setback.)
(d) Rear: 10 feet minimum (4 feet minimum where abutting an alley).
(6) Build-to-Zone (BTZ)
(e) Building façade in primary street: 60% min BTZ (% of lot width)
(f) Building façade in side street: 30% min BTZ (% of lot width)
R5 Building Placement
(7) Building height.
a. All buildings and structures: 5 stories/55 feet maximum
b. TDR height bonuses may be approved in accordance with POMC 20.41.
15
R5 Building Height
20.34.020 Residential 6 (R6)
(1) Intent. The R6 district is primarily intended to accommodate detached house, duplex, and
townhome development with a minimum lot size that varies based on building type. The R6 district is
intended to implement the residential medium density Comprehensive Plan designation in selected
parts of the McCormick Woods master planning area. Additional building types that are allowed include
backyard cottage (detached accessory dwelling unit), cottage court, duplex and attached house. Uses
that would substantially interfere with the residential nature of the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R6 zone are as follows:
a. Detached house (POMC 20.32.020)
b. Backyard Cottage (detached ADU) (POMC 20.32.030)
c. Accessory Buildings (POMC 20.32.010 (16))
16
R6 Building Types
(3) Lot Dimensions.
R6 Lot Dimensions
c. Minimum Lot Size by building type:
i. Detached house (POMC 20.32.020): 4,000 square feet
ii. Backyard Cottage (detached ADU) (POMC 20.32.030): Not Applicable.
d. Minimum Lot Width:
i. Detached house (POMC 20.32.020): 40 feet
ii. Backyard Cottage (detached ADU) (POMC 20.32.030): Not Applicable
17
(4) Maximum hard surface coverage is 75%.
(5) Principal building setbacks.
(a) Primary Street: 10 feet minimum or average front setback (See POMC XXXX)
(b) Side Street: 10 feet minimum
(c) Side Interior: 5 feet minimum
(d) Rear: 10 feet minimum (Rear setback for an accessory structure abutting an alley may be reduced to
2 feet)
(6) Accessory Structure Setbacks
(e) Primary Street: 40 feet minimum
(f) Side Street: 10 feet minimum
(g) Side Interior: 5 feet minimum
(h) Rear: 10 feet minimum (Rear setback for an accessory structure abutting an alley may be reduced to
2 feet)
R6 Building Placement
(7) Building height.
a. Principal building: 3 stories/35 ft max
b. Accessory structure: 24 ft max
18
R6 Building Height
1
Chapter 20.35
COMMERCIAL AND MIXED-USE DISTRICTS
Sections:
20.35.010 Residential Mixed Use (RMU).
20.35.020 Neighborhood Mixed Use (NMU).
20.35.025 Business Professional Mixed Use (BPMU).
20.35.030 Commercial Mixed Use (CMU).
20.35.040 Downtown Mixed Use (DMU).
20.35.050 Gateway Mixed Use (GMU).
20.35.060 Commercial Corridor (CC).
20.35.070 Commercial Heavy (CH).
20.35.080 Industrial Flex (IF).
20.35.010 Residential Mixed Use (RMU).
(1) Intent. The RMU district is intended to accommodate working and living in close proximity to one
another, including in the same physical space. Building type options include townhouse and live-work.
The RMU zone should be applied in areas where the existing or proposed land use pattern promotes
live-work uses and in areas designated as Commercial in the Port Orchard Comprehensive Plan. This
designation may also be applied in areas designated residential high density in the comprehensive plan
provided that the area abuts areas designated commercial and residential high density such that the
application of the RMU district acts as a transitional zoning district. Uses that would substantially
interfere with the live-work nature of the district are not allowed.
(2) Building Types Allowed. The allowed building types in the RMU zone as follows:
a. Townhouse (POMC 20.32.020)
b. Live Work (POMC 20.32.110)
RMU Building Types
(3) Lot Dimensions.
2
RMU Zone Lot Dimensions
a. Minimum lot size:
i. Townhouse: 1,000 square ft.
ii. Live Work: 1,000 square ft
b. Minimum lot width:
i. Townhouse:
i. Lots that take vehicular access from primary street: 30 feet
ii. Lots that do not take vehicular access from primary street: 16 feet
ii. Live Work: 16 feet
(4) Maximum hard surface coverage is 90%
(5) Building Setbacks:
a. Primary Street: 0 ft min/10 ft maximum (See Design Standards?)
b. Side Street: 0 ft min/10 ft max
c. Side Interior: 0 or 5 ft min
d. Rear: 10 ft (4 ft if abutting an alley)
RMU Building Setback and Build to Zone
(6) Build to Zone:
e. Building Facing Primary Street: 70% minimum (% of lot width)
3
f. Building Facing Side Street: 35% minimum (% of lot width)
(7) Building height:
a. 3 stories/35 ft max
RMU Zone Building Height
20.35.020 Neighborhood Mixed Use (NMU)
(1) Intent. The NMU district is intended to accommodate neighborhood-oriented commercial facilities.
The intent of the district is to provide small-scale service establishments close to residential uses, and to
ensure that buildings and uses are compatible with the character of nearby neighborhoods. Building
type options include: detached house, duplex, backyard cottage, four-plex, townhouse, and shopfront
house. NMU zones should be applied in areas where the existing or proposed land use pattern has
commercial activity close to established residential areas and may be applied in areas designated
commercial in the comprehensive plan.
(2) Building Types Allowed. The allowed building types for the NMU zone are as follows:
a. Detached house (20.32.020)
b. Duplex (20.32.040-050)
c. Backyard Cottage (Detached Accessory dwelling unit) (20.32.030)
d. Four-plex (POMC 20.32.080)
e. Townhouse (POMC 20.32.090)
f. Shopfront house (20.32.120)
g. Accessory Buildings (POMC 20.32.010 (16))
4
NMU Building Types
(3) Lot Dimensions.
a. Minimum Lot Size by building type:
i. Detached House: 7,000 square feet
ii. Duplex: 7,000 square feet
iii. Backyard Cottage: 7,000
iv. Four-plex: 7,000 square feet
v. Townhouse: 1,000 square feet
vi. Shopfront House: 7,000 square feet
vii. Accessory Building: N/A
b. Minimum Lot Width:
i. Detached House: 60 feet
ii. Duplex: 60 Feet.
iii. Backyard Cottage: N/A
iv. Four-plex: 60 feet
v. Townhouse:
(a) Lots that take vehicular access from primary street: 30 feet
(b) Lots that do not take vehicular access from primary street: 16 feet
vi. Shopfront House: 65 feet
NMU Lot Dimensions
5
(4) Maximum hard surface coverage is 70%
(5) Principal building setbacks.
a. Primary Street: 10 ft minimum/30 ft maximum
b. Side Street: 10 ft minimum/30 ft maximum
c. Side Interior: 5 ft minimum
d. Rear: 10 ft minimum
(6) Build to Zone:
e. Building façade in primary street: 50% minimum (% of lot width)
f. Building façade in side street: 25% (% of lot width)
(c) Accessory Structure Setbacks
g. Primary Street: 40 ft minimum
h. Side Street: 10 ft minimum
i. Side Interior: 5 ft minimum
j. Rear: 3 ft (Rear if abutting an alley: 4 ft)
NMU Building Placement
(7) Building height.
a. Principal Building Height: 3 stories/35 ft max
b. Accessory Building Height: 2 stories/24 ft max
NMU Building Height
6
20.35.025 Business Professional Mixed Use (BPMU)
(1) Intent. The BPMU district is intended to accommodate mixed use development as well as a mix of
uses that are oriented around the existing areas of medical, business professional, and residential uses
and structures. Development in this zone is sought at a scale appropriate for uses ranging from single
family detached to large medical buildings with larger buildings to be designed to be more compatible
with smaller structures. Building type options include: detached house, duplex, backyard cottage, live
work, shopfront house, mixed use shopfront, and general building. BPMU zones should be applied in
areas in the vicinity of the Tremont medical facilities and near downtown Port Orchard and the Kitsap
County Campus on properties designated as Commercial in the comprehensive plan.
(2) Building Types Allowed. The allowed building types for the BPMU zone are as follows:
a. Detached house (20.32.020)
b. Duplex (20.32.040-050)
c. Backyard Cottage (Detached Accessory dwelling unit) (20.32.030)
d. Attached House (POMC 20.32.070)
e. Live Work (POMC 20.32.110)
f. Shopfront House (POMC 20.32.120)
g. Mixed-Use Shopfront (POMC 20.32.140)
h. General Building (POMC 20.32.150)
i. Accessory Buildings (POMC 20.32.010 (16))
NMU Building Types
(3) Lot Dimensions.
a. Minimum Lot Size by building type:
i. Detached House: 6,000 square feet
ii. Duplex: 7,000 square feet
iii. Backyard Cottage: 6,000 square feet
iv. Attached House: 3,500 square feet
v. Live Work: 1,500 square feet
vi. Shopfront House: 6,000 square feet
vii. Mixed-Use Shopfront: 10,000 square feet
viii. General Building: 10,000 square feet
7
b. Minimum Lot Width:
i. Detached House: 60 feet
ii. Duplex: 60 feet Backyard Cottage: N/A
iii. Attached House: 30 feet
iv. Live Work: 16 feet
v. Shopfront House: 60 feet
vi. Mixed Use Shopfront: 80 feet
vii. General Building: 100 feet
BPMU Lot Dimensions
(4) Maximum hard surface coverage is 75%
(5) Principal building setbacks.
a. Primary Street: 10 ft minimum/30 ft maximum
b. Side Street: 10 ft minimum/30 ft maximum
c. Side Interior: 5 ft minimum
d. Rear: 10 ft minimum
(6) Build to Zone:
e. Building façade in primary street: 50% minimum (% of lot width)
f. Building façade in side street: 25% (% of lot width)
(7) Accessory Structure Setbacks
g. Primary Street: 40 ft minimum
h. Side Street: 10 ft minimum
i. Side Interior: 5 ft minimum
j. Rear: 20 ft (Rear if abutting an alley: 4 ft)
8
NMU Building Placement
(7) Building height.
a. Principal Building Height (except detached house, duplex, attached house): 3 stories/40 ft max
b. Accessory Building Height: 2 stories/24 ft max
NMU Building Height
9
20.35.030 Commercial Mixed-Use (CMU).
(1) Intent. The Commercial Mixed-Use district is intended to accommodate a broader range of
residential and non-residential activity than Neighborhood Mixed Use. To promote walkability and
compatibility, auto-oriented uses are restricted. Building type options include: townhouse, apartment,
live-work, shopfront house, single-story shopfront, mixed-use shopfront and general building.
Commercial Mixed Use should be applied in areas where the existing or proposed land use pattern
promotes mixed use and pedestrian-oriented activity and may be applied in areas designated
commercial in the comprehensive plan.
(2) Building Types Allowed. The allowed building types are as follows:
a. Townhouse
b. Apartment
c. Live-work unit
d. Shopfront house
e. Single-story shopfront
f. Mixed use shopfront
g. General building
CMU Building Types
(3) Lot Dimensions.
a. Minimum Lot Size by building type:
i. Townhouse: 1,000 square feet
ii. Apartment: 5,000 square feet
iii. Live-work Unit: 1,000 square feet
iv. Shopfront House: 7,000 square feet
v. Single-story shopfront: 5,000 square feet
vi. Mixed-use shopfront: 5,000 square feet
vii. General Building: 5,000 square feet
b. Minimum Lot Width:
i. Townhouse: 16 feet
ii. Apartment: 50 feet
iii. Live-work Unit: See POMC 20.32.110 (3) (d).
iv. Shopfront House: 50 feet
v. Single-story shop front: 50 feet
10
vi. Mixed-use shopfront: 50 feet
vii. General Building: 50 feet
(4) Maximum hard surface coverage is 80%.
CMU Lot Dimensions
(5) Principal building setbacks.
a. Primary Street: 0 ft minimum / 10 ft maximum
b. Side Street: 0 ft minimum / 10 ft maximum
c. Side Interior: 0 ft minimum
d. Rear: 20 ft minimum (Rear if abutting an alley: 4 ft minimum)
(6) Build to Zone:
e. Building façade in primary street: 70% minimum (% of lot width)
f. Building façade in side street: 30% minimum (% of lot width)
CMU Building Placement
(7) Parking location. Parking shall be allowed as followed except where another standard is specified in
POMC 20.127):
a. Front Yard: Not Allowed
b. Corner Yard: Not Allowed
c. Side Yard: Allowed
d. Rear Yard: Allowed
(8) Building height. All buildings and structures: 3.5 stories/ 40 ft maximum, except that Transfer of
Development Rights height bonuses may be approved in local centers as designated in the Port Orchard
11
Comprehensive Plan in accordance with POMC 20.41 provided that no building exceed 8 stories / 88 feet
through the use of the TDR program.
CMU Building Height
12
20.35.040 Downtown Mixed Use (DMU).
(1) Intent. The Downtown Mixed-Use district is intended to provide for mixed use, pedestrian-oriented
development in downtown. To promote walkability and to encourage street-level retail activity, auto-
oriented uses and ground-floor residential uses are restricted. Building type options include live-work,
single-story shopfront and mixed-use shopfront. Downtown Mixed Use should be applied in areas
where the existing or proposed land use pattern promotes the highest levels of pedestrian and mixed-
use activity in the community and may be applied in areas designated commercial in the comprehensive
plan.
(2) Building Types Allowed. The allowed building types are as follows:
a. Live-work unit
b. Single-story shopfront
c. Mixed-use shopfront
DMU Building Types
(3) Lot Dimensions.
a. There are no minimum or maximum lot sizes in the DMU district.
b. There is no minimum lot width in the DMU district.
DMU Lot Dimensions
(4) Maximum hard surface coverage is 100%.
(5) Principal building setbacks.
a. Primary Street: Not applicable
b. Side Street: Not applicable
13
c. Side Interior: Not applicable
d. Rear: not applicable
(6) Build to Zone:
e. Building façade in primary street: 80% minimum (% of lot width)
f. Building façade in side street: 40% minimum (% of lot width)
DMU Building Placement
(7) Parking location. Parking shall be allowed as followed except where another standard is specified in
POMC 20.127):
a. Front Yard: Not Allowed
b. Corner Yard: Not Allowed
c. Side Yard: Allowed
Rear Yard: Allowed
(8) Building height:
a. Maximum Height: 3 stories/38 feet unless an alternative maximum building height is specified
pursuant to the Downtown Height Overlay District (POMC 20.38.600-670).transfee
DMU Building Height
20.35.050 Gateway Mixed Use
(1) Intent. The Gateway Mixed Use district is intended to provide transitional districts in the east and
west gateways to downtown Port Orchard. The district allows both mixed use, pedestrian-oriented
development such as what is allowed in the GMU district along with other moderately more auto
dependent uses. Building type options include townhouse, apartment, live-work, shopfront house,
14
single-story shopfront, mixed-use shopfront, and general buildings. Gateway Mixed Use should be
applied to the east and west of downtown and may be applied in areas designated commercial in the
comprehensive plan.
(2) Building Types Allowed. The allowed building types are as follows:
a. Townhouse
b. Apartment
c. Live-work unit
d. Shopfront house
e. Single-story shopfront
f. Mixed-use shopfront
g. General Building
GMU Building Types
(3) Lot Dimensions.
c. There are no minimum or maximum lot sizes in the GMU district.
d. There is no minimum lot width in the GMU district.
GMU Lot Dimensions
(4) The maximum hard surface coverage is is 90%.
(5) Principal building setbacks.
g. Primary Street: Not applicable
h. Side Street: Not applicable
i. Side Interior: Not applicable
j. Rear: not applicable
15
(6) Build to Zone:
k. Building façade in primary street: 80% minimum (% of lot width)
l. Building façade in side street: 40% minimum (% of lot width)
GMU Building Placement
(7) Parking location. Parking shall be allowed as followed except where another standard is specified in
POMC 20.127):
d. Front Yard: Not Allowed
e. Corner Yard: Not Allowed
f. Side Yard: Allowed
Rear Yard: Allowed
(8) Building height:
b. Maximum Height: 3 stories/38 feet unless an alternative maximum building height is specified
pursuant to the Downtown Height Overlay District (POMC 20.38.600-670).
GMU Building Height
16
20.35.060 Commercial Corridor (CC)
(1) Intent. The Commercial Corridor district is intended to serve as a commercial gateway and to take
advantage of proximity to major roadways. Therefore, the quality and aesthetics of new development is
very important. Building type options include live-work units, shopfront house, single-story shopfront,
mixed-use shopfront and general building. The Commercial Corridor district should be applied along
commercial corridors that serve as entrances to downtown or other pedestrian-oriented activity areas.
(2) Building Types Allowed. The allowed building types are as follows:
a. Live-work unit
b. Shopfront house
c. Single-story shopfront
d. Mixed-use shopfront
e. General building
CC Building Types
(3) Lot Dimensions.
a. Minimum Lot Size by building type:
i. Live Work Unit: 1,000 square ft
ii. Shopfront House: 5,000 square ft
iii. Single Story Shopfront: 5,000 square ft
iv. Mixed use shopfront: 5,000 square ft
v. General building: 5,000 square ft
b. Minimum Lot Width:
i. Live Work Unit: 25 ft
ii. Shopfront House: 50 ft
iii. Single Story Shopfront: 50 ft
iv. Mixed use shopfront: 50 ft
v. General building: 50 ft
(4) Maximum hard surface coverage is 70%.
17
CC Lot Dimensions
(5) Principal building setbacks.
a. Primary Street: 15 ft minimum (from planned ROW acquisition area) / 50 ft maximum
b. Side Street: 0 ft minimum / 50 ft maximum
c. Side Interior: 10 ft minimum
d. Rear: 10 ft minimum
(6) Build to Zone:
e. Building façade in primary street: 50% minimum (% of lot width)
f. Building façade in side street: 25% minimum (% of lot width)
CC Building Placement
(7) Parking location. Parking shall be allowed as followed except where another standard is specified in
POMC 20.127):
a. Front Yard: Not Allowed
b. Corner Yard: Not Allowed
c. Side Yard: Allowed
d. Rear Yard: Allowed
(8) Building height.
a. All buildings and structures: 3 stories/ 35 ft maximum
18
CC Building Height
19
20.35.070 Commercial Heavy (CH)
(1) Intent. Commercial Heavy is intended for auto-oriented and heavy commercial uses. To help ensure
compatibility, residential uses are not allowed. Building type options include single-story shopfront and
general building. The Commercial Heavy district should be applied in areas where the existing or
proposed land use pattern contains a variety of auto-oriented and heavy commercial uses and in areas
designated as Commercial in the Comprehensive Plan.
(2) Building Types Allowed. The allowed building types are as follows:
a. Single-story shopfront
b. General building
CH Building Types
(3) Lot Dimensions.
a. Minimum Lot Size by building type:
i. Single Story Shopfront: 7,000 square ft
ii. General building: 7,000 square ft
b. Minimum Lot Width:
i. Single Story Shopfront: 70 ft
ii. General building: 70 ft
(4) Maximum hard surface coverage is 70%.
20
CH Lot Dimensions
(5) Principal building setbacks.
a. Primary Street: 20 ft minimum (from planned ROW acquisition area)
b. Side Street: 20 ft minimum / 50 ft maximum
c. Side Interior: 20 ft minimum
d. Rear: 20 ft minimum
CH Building Placement
(7) Parking location. Parking shall be allowed as followed except where another standard is specified in
POMC 20.127):
Front yard Allowed
Corner yard Allowed
Side yard Allowed
Rear yard Allowed
(8) Building height.
a. All buildings and structures: 3 stories/ 35 ft maximum
21
CH Building Height
22
20.35.080 Industrial Flex.
(1) Intent. IF is intended to accommodate a variety of light industrial, commercial and residential uses.
To help ensure that land is reserved for employment purposes, residential uses are limited to the upper
stories. Building type options include live-work, single-story shopfront, mixed use shopfront and general
building. IX should be applied in industrial areas where commercial and residential uses are also desired,
or where such pattern is desired in the future and in areas where designated as Commercial in the
Comprehensive Plan.
2) Building Types Allowed. The allowed building types are as follows:
a. Live-work unit
b. Shopfront house
c. Single-story shopfront
d. Mixed use building
e. General building
IF Building Types
(3) Lot Dimensions.
a. Minimum Lot Size by building type:
i. Live Work Unit:
ii. Shopfront House: 5,000 square ft
iii. Single-story shopfront: 5,000 square ft
iv. Mixed-use shopfront:
v. General building: 7,000 square ft
b. Minimum Lot Width:
i. Live Work Unit:
ii. Shopfront House: 50 ft
iii. Single-story shopfront: 50 ft
iv. Mixed-use shopfront: 50 ft
v. General building: 50 ft
(4) Maximum hard surface coverage is 70%.
23
IF Lot Dimensions
(5) Principal building setbacks.
a. Primary Street: 5 ft minimum
b. Side Street: 5 ft minimum
c. Side Interior: 10 ft minimum
d. Rear: 10 ft minimum
IF Building Placement
(6) Parking location. Parking shall be allowed as followed except where another standard is specified in
POMC 20.127):
a. Front yard: Allowed
b. Corner yard: Allowed
c. Side yard: Allowed
d. Rear yard: Allowed
(8) Building height.
a. All buildings and structures: 3 stories/ 35 ft maximum
24
IF Building Height
1
Chapter 20.36
INDUSTRIAL DISTRICTS
Sections:
20.36.010 Light Industrial (LI)
20.36.020 Heavy Industrial (HI)
20.36.010 Light Industrial (LI)
(1) Intent.
The Light Industrial district is intended to accommodate manufacturing and light industrial uses in order
to promote economic viability, encourage employment growth, and limit the encroachment of non-
industrial development within established industrial areas. Development should be operated in a
relatively clean and quiet manner, and should not be obnoxious to nearby residential or commercial
uses. The Light Industrial designation should be applied in established light industrial or manufacturing
areas or where such land use pattern is desired in the future and in areas designated Industrial in the
Comprehensive Plan.
(2) Building Types Allowed. Building types (POMC 20.32) are not applicable in the Light Industrial
district.
Light Industrial Buildings
(3) Lot Dimensions.
a. Minimum Lot Size by building type: 7,000 square ft
b. Minimum Lot Width: 70 ft
(4) Maximum hard surface coverage is 70%
2
Light Industrial Lot Dimensions
(5) Principal building setbacks.
a. Primary Street: 20 ft minimum
b. Side Street: 10 ft minimum
c. Side Interior: 10 ft minimum
d. Rear: 10 ft minimum
(6) Parking location. Parking shall be allowed as followed except where another standard is specified in
POMC 20.127):
a. Front yard: Allowed
b. Corner yard: Allowed
c. Side yard: Allowed
d. Rear yard: Allowed
Light Industrial Building Placement
(7) Building height.
a. All buildings and structures: 3 stories/ 35 ft maximum
3
Light Industrial Building Height
4
20.36.020 Heavy Industrial. (HI)
(1) Intent.
The Heavy Industrial district is intended to accommodate a broad range of high-impact manufacturing or
industrial uses that by their nature create a nuisance, and that are not properly associated with or are
not compatible with nearby residential or commercial uses. The Heavy Industrial designation should be
applied in established heavy industrial areas or where such land use pattern is desired in the future and
in areas designated as Industrial in the Comprehensive Plan.
(2) Building Types Allowed. Building types (POMC 20.32) are not applicable in the Heavy Industrial
district.
Heavy Industrial Buildings
(3) Lot Dimensions.
a. Minimum Lot Size by building type: 7,000 square ft
b. Minimum Lot Width: 70 ft
(4) Maximum hard surface coverage is 70%
Heavy Industrial Lot Dimensions
(5) Principal building setbacks.
5
e. Primary Street: 20 ft minimum
f. Side Street: 10 ft minimum
g. Side Interior: 10 ft minimum
h. Rear: 10 ft minimum
(6) Parking location. Parking shall be allowed as followed except where another standard is specified in
POMC 20.127):
e. Front yard: Allowed
f. Corner yard: Allowed
g. Side yard: Allowed
h. Rear yard: Allowed
Heavy Industrial Building Placement
(7) Building height.
a. All buildings and structures: 3 stories/ 35 ft maximum
Heavy Industrial Building Height
1
Chapter 20.37
CIVIC AND OPEN SPACE DISTRICTS
Sections:
20.37.010 Civic and Institutional (CI)
20.37.020 Parks and Recreation (PR)
20.37.030 Public Facilities (PF)
20.37.010 Civic and Institutional. (CI)
(1) Intent.
The Civic and Institutional district is intended to protect for civic uses that serve the surrounding
neighborhoods or produce intense civic activities that do not readily assimilate into other zoning
districts. Activities may include, but are not limited to, religious facilities, fraternal organizations, and
schools. The Civic and Institutional district intends to provide for compliance with the Religious Land
Use and Institutionalized Persons Act (RLUIPA). The Civic and Institutional district may be applied in any
area of the City regardless of Comprehensive Plan designation.
(2) Building Types Allowed. Building types are not applicable in the Civic and Institutional district.
Civic and Institutional Buildings
(3) Lot Dimensions.
a. Minimum Lot Size by building type: 7,000 square ft
b. Minimum Lot Width: 70 ft
(4) Maximum hard surface coverage is 70%
2
Civic and Institutional Lot Dimensions
(5) Principal building setbacks.
a. Primary Street: 15 ft minimum (may be reduced on designated storefront and mixed designation
streets POMC 20.127)
b. Side Street: 10 ft minimum (may be reduced on designated storefront and mixed designation
streets POMC 20.127)
c. Side Interior: 10 ft minimum
d. Rear: 10 ft minimum
Civic and Institutional Building Placement
(6) Building height.
a. All buildings and structures: 3 stories/ 55 ft maximum
Civic and Institutional Building Height
3
20.37.020 Parks and Recreation. (PR)
(1) Intent. The Parks and Recreation district is intended to create, preserve and enhance park land to
meet the active and recreational needs of residents. The Parks and Recreation district is intended to
provide for both improved and unimproved park land. Activities may include, but are not limited to,
structures or other active, player-oriented facilities such as playgrounds, recreational fields, ballfield,
sport courts, dog parks, and associated accessory facilities such as parking areas and restrooms. The
Parks and Recreation district is also intended to accommodate buildings of a public nature such as
community and recreation centers. The Parks and Recreation District may be applied in any area of the
City regardless of Comprehensive Plan designation.
(2) Building Types Allowed. Building types are not applicable in the Parks and Recreation district.
Parks and Recreation Buildings
(3) Lot Dimensions.
a. There shall be no minimum lot size within the Parks and Recreation District.
b. There shall be no minimum lot width within the Parks and Recreation District.
Parks and Recreation Lot Dimensions
(4) Building Setbacks.
a. Primary Street: 10 ft minimum
b. Side street: 10 ft minimum
c. Side interior: 10 ft minimum
d. Rear: 10 ft minimum
4
Parks and Recreation Building Placement
(5) Building height.
a. All buildings and structures: 35 ft maximum
Parks and Recreation Building Height
5
20.37.030 Public Facilities (PF)
(1) Intent.
The Public Facilities district is intended to provide for public facility uses that serve the city and which
may not readily assimilate into other zoning districts. The Public Facilities district may be applied in any
area of the City regardless of Comprehensive Plan designation. The Public Facilities district intends to
accommodate buildings of a public nature such as police, fire or EMS stations and government offices.
(2) Building Types Allowed. Building types are not applicable in the Public Facilities district.
(3) Lot Dimensions.
c. Minimum Lot Size by building type: 7,000 square ft
d. Minimum Lot Width: 70 ft
(4) Maximum hard surface coverage is 95%
Civic and Institutional Lot Dimensions
(5) Principal building setbacks from ground level up to 40 feet:
a. Primary Street: 10 ft minimum (may be reduced on designated storefront and mixed designation
streets POMC 20.127)
b. Side Street: 10 ft minimum (may be reduced on designated storefront and mixed designation
streets POMC 20.127)
c. Side Interior:
i. Side Interior abutting non-residential: 5 ft minimum
ii. Side Interior abutting residential: 20 ft minimum
d. Rear:
i. abutting non-residential: 5 ft minimum
ii. Rear abutting residential: 20 ft minimum
6
Civic and Institutional Building Placement
(6) Building height.
b. All buildings and structures: 5 stories/ 85 ft maximum (it is recognized that public buildings may
have higher per story heights than other building types hence the 85-foot height limit).
Civic and Institutional Building Height
1
Chapter 20.38
OVERLAY DISTRICTS
Sections:
20.38.600 Downtown Height Overlay District (DHOD)
20.38.610 DHOD Intent
20.38.620 DHOD Applicability
20.38.630 DHOD Conflicts
20.38.640 DHOD Height Limits
20.38.650 DHOD Height Measurement
20.38.660 DHOD Variances
20.38.670 DHOD Map Amendments
20.38.700 View Protection Overlay District (VPOD)
20.38.710 VPOD Intent
20.38.720 VPOD Applicability
20.38.730 VPOD Conflicts
20.38.740 VPOD Height Limits
20.38.750 VPOD Height Measurement
20.38.760 VPOD Variances
20.38.770 VPOD Map Amendments
20.38.780 VPOD Landscaping
20.38.600 Downtown Height Overlay District (DHOD)
A Downtown Height Overlay District (DHOD) is hereby established with boundaries to be shown on
Figure 1.
20.38.610 DHOD Intent
The intent of the Downtown Height Overlay District (DHOD) is to protect scenic views on north facing
slopes in the vicinity of Sinclair Inlet and Downtown, protect property values, provide access to light,
ensure that the scale of development in downtown Port Orchard does not negatively impact the historic
character of the community, and otherwise protect the general health, safety, and welfare of the
community. The intent of the DHOD is to be achieved by establishing height limits for buildings and by
establishing a method of measuring buildings that is different than the methods used elsewhere in this
title to recognize the generally sloping characteristics of the overlay district.
20.38.620 DHOD Applicability
No new building or modification of an existing building may be permitted in the DHOD unless it complies
with the height limits established in this chapter.
2
20.38.630 DHOD Conflicts
Where the requirements of this chapter conflict with another chapter, the more restrictive requirement
shall control.
20.38.640 DHOD Height Limits
(a) DHOD Height Zones Established. Within the DHOD as shown on the Zoning Map, there are four
different DHOD height zones with height limits established as follows:
(1) DHOD 2: 28 feet – 2 Stories
(2) DHOD 3: 38 feet – 3 Stories
(3) DHOD 4: 48 feet – 4 Stories
(4) DHOD 5: 58 feet – 5 Stories
(b) DHOD Height Bonus: A ten-foot (one story) height bonus not to exceed 20,000 feet in area may
be granted to exceed the applicable maximum height provided in 20.38.640 (a) (1) if the
applicant agrees to construct and operate (or lease to an operator) a grocery store in the same
building for which the bonus is sought, with the grocery store space measuring at least 10,000
square feet in area. In addition to the 20,000-square foot bonus limit, the area of this additional
ten feet of building height shall not exceed 95% of the area of the floor immediately below this
bonus height (floor). Any height bonus shall require a development agreement between the
developer and the city that provides assurances to the City guaranteeing that the ground floor
commercial space will be developed and operated as a grocery store upon project completion.
(c) DHOD Height Zone Map. The height zones described in this section shall be applied as reflected
on the DHOD Height Zone Map as shown in figure 1.
3
Figure 1: DHOD Height Zone Map
20.38.650 DHOD Height Measurement
(1) Building heights shall be measured one of two ways based on whether the parcel to be
developed abuts Bay Street or whether it does not abut Bay Street.
a. Building heights for lots abutting Bay Street shall be measured from the average grade
of the property line that abuts Bay Street rather than from the grade plane as defined in
POMC 20.12 (see “building height” and “grade plane.”)
b. Building heights for lots not abutting bay street shall be measured in accordance with
the definition of building height as found in POMC 20.12.
20.38.660 DHOD Variances
Property owners may seek variances from the building height standards imposed under the DHOD
pursuant to POMC 20.28 Variances.
20.38.670 DHOD Map Amendments
Property owners seeking to modify the boundaries of the DHOD or the DHOD Height Zone Map in
Section 20.38.040 (c) (Figure 1) may do so by site-specific rezone pursuant to POMC 20.42 Site-Specific
Rezones.
20.38.700 View protection overlay district (VPOD).
A View Protection Overlay District is hereby established to include certain property as shown on Figure 2
below.
4
Figure 2: View Protection Overlay District included parcels.
20.38.710 VPOD Intent
The intent of the View Protection Overlay District (VPOD) is to protect scenic views on north facing
slopes in the vicinity of Sinclair Inlet, protect property values, provide access to light, and otherwise
protect the general health, safety, and welfare of the community. The intent of the VPOD is to be
achieved by establishing height limits for buildings and by establishing a method of measuring buildings
that is different than the methods used elsewhere in this title to recognize the generally sloping
characteristics of the overlay district.
20.38.720 VPOD Applicability
No new building or modification of an existing building may be permitted in the VPOD unless it complies
with the height limits established in this chapter.
20.38.730 Conflicts
Where the requirements of this chapter conflict with another chapter, the more restrictive requirement
shall control.
20.38.740 VPOD Height Limits
Building heights in the VPOD shall be restricted by building type as follows:
5
Detached House: 15 Feet
Backyard Cottage: 15 Feet
Cottage Court: 15 Feet
Duplex: Side by Side: 15 Feet
Duplex: Front to Back: 15 Feet
Attached House: 15 Feet
Four Plex: 15 Feet
Townhome: 15 Feet
Apartment: 15 Feet
Live Work: 15 Feet
Shopfront House: 15 Feet
Single Story Shopfront: 15
Mixed Use Shopfront: 27
General Building: 27
Accessory Building: 15
20.38.750 VPOD Height Measurement
Building height in the VPOD shall be measured from the average uphill property line elevation rather
than from the grade plane as described in POMC 20.12 Definitions (see definitions for “building height”
and “grade plane.”)
20.38.760 VPOD – Variances
Property owners may seek variances from the building height standards imposed under the VPOD
pursuant to POMC 20.28 Variances.
20.38.770 VPOD Map Amendments
Property owners seeking to modify the boundaries of the VPOD may do so by site-specific rezone
pursuant to POMC 20.42 Site-Specific Rezones.
30.38.080 VPOD Landscaping
When landscaping (excluding street trees in the right of way) is required as a condition of development
on a project located within the VPOD, plant selections as reflected on a landscaping plan shall not
exceed a height of 15 feet as measured from the average elevation of the uphill property line based on
the expected mature height of the plans selected. The preparer of a landscaping plan for a project
within the VPOD shall provide information on the expected mature plant heights for all species
proposed to be planted pursuant to that landscaping plan.
1
Chapter 20.39
ZONING DESIGNATION PROVISIONS
ARTICLE I: INTRODUCTION TO ZONING DESIGNATIONS AND PROVISIONS
Sections:
20.39.010 Use Classification
20.39.020 Use Table Key
20.39.010 Use Classification
(a) Classification of Uses
(1) Organization of Use Tables. The use table in Article II of Chapter 20.39 is organized into
principal uses, accessory uses, and temporary uses.
(2) Principal Uses.
i. In order to regulate a variety of similar uses, use categories have been
established for principal uses. Use categories provide a systematic basis for
assigning uses to appropriate categories with other, similar uses. Use categories
classify principal uses and activities based on common functional, product, or
physical characteristics.
ii. Where a use category contains a list of included uses, the list is to be considered
example uses, and not all-inclusive. The Director has the responsibility for
categorizing all uses.
iii. The allowed use tables in POMC 20.39 Article II establishes permitted uses by
district. No building or lot may be used except for a purpose permitted in the
district in which it is located.
iv. Use Definitions and standards for permitted principal uses are specified in
POMC 20.39 Articles III through VII.
(3) Accessory Uses.
i. An accessory use is any use that is subordinate in both purpose and size,
incidental to and customarily associated with a permitted principal use located
on the same lot.
ii. The allowed use tables in POMC 20.39 Article II establishes permitted accessory
uses by district. Standards for allowed accessory uses are specified in POMC
20.39 Article VIII.
(4) Temporary Uses.
i. A temporary use is a use that is in place for a limited period of time only.
Temporary uses are specified in POMC 20.39 Article IX.
(5) Principal Uses Not Listed.
i. A principal use not specifically listed is prohibited unless the director determines
the use to be part of the use category as described below.
ii. The Director is responsible for categorizing all principal uses. If a proposed use
is not listed in a use category, but is similar to a listed use, the Director may
consider the proposed use as part of that category. When determining whether
a proposed use is similar to a listed use, the Director must consider the criteria
in POMC 20.39.010 (a) (6). Determinations whether a proposed principal use is
a similar use may be made using the process found in POMC 20.10. The
2
Director shall determine whether a code interpretation for a proposed principal
use shall require a code interpretation pursuant to POMC 20.10.
iii. Where a principal use not listed is found by the Director not to be similar to any
other use category, the use is only permitted following a code amendment (see
POMC 20.06).
(6) Criteria for determining whether a proposed use is a similar use:
i. The actual or projected characteristics of the proposed use;
ii. The relative amount of site area or floor area and equipment devoted to the
proposed use;
iii. Relative amounts of sales;
iv. Relative number of employees;
v. Hours of operation;
vi. Building and site arrangement;
vii. Types of vehicles used and their parking requirements;
viii. The number of vehicle trips generated;
ix. How the proposed use is advertised;
x. The likely impact on surrounding properties; and
xi. Whether the activity is likely to be found independent of the other activities on
the site;
(7) Accessory Uses Not Listed.
i. An accessory use not listed is prohibited unless the Director determines that the
accessory use meets the criteria listed in POMC 20.39.010 (a) (8).
ii. Determinations whether a proposed accessory use is a similar use may be made
using the process found in POMC 20.10. The Director shall determine whether a
code interpretation for a proposed accessory use shall require a code
interpretation pursuant to POMC 20.10.
iii. Where a principal use not listed is found by the Director not to be similar to any
other use category, the use is only permitted following a code amendment (see
POMC 20.06).
(8) Criteria for determining whether a proposed accessory use may be permitted. The
Accessory use may be permitted when the Director determines the proposed accessory
use:
i. Is clearly incidental to and customarily found in connection with an allowed
principal use;
ii. Is subordinate to an serving an allowed principal use;
iii. Is subordinate in area, extent, and purpose to the principal use served;
iv. Contributes to the comfort, convenience or needs of the occupants, business or
industry in the principal use served; and
v. Is located on the same lot as the principal use served.
(b) Use Table Key.
(1) Permitted Use (P). Indicates a use is permitted in the respective district. The use is also
subject to all other requirements of this code.
(2) Conditional Use (C). Indicates that the use may be permitted in the respective district
only after issuance of a Conditional Use Permit in accordance with POMC 20.50.
Conditional uses are subject to all other applicable requirements of the code, including
applicable use standards, except whether the use standards are specifically modified are
part of the approval process.
3
(3) Use Not Permitted (--). Indicates that a use is not permitted in the respective district.
1
Chapter 20.39
USE TABLE
Sections:
20.39.010 Establishment of uses.
20.39.020 Use table key.
20.39.030 Use table.
20.39.010 Establishment of uses.
The use of a property is defined by the activity for which the building or lot is intended, designed, occupied, or
maintained. The use is considered permanently established when that use will or has been in continuous operation
for a period exceeding 60 days. A use which will operate for less than 60 days is considered a temporary use, and
subject to the requirements of this title. All applicable requirements of this title, or other applicable state or
federal requirements, shall govern a use located within the Port Orchard incorporated area.
20.39.020 Use table key.
Permitted Use (P)
Indicates a use is permitted in the respective zoning district. The use is also subject to all other applicable
requirements of this code.
Conditional Use (C)
Indicates a use may be permitted in the respective zoning district only after a conditional use permit has been
issued per Chapter 20.50. Conditional uses are subject to all other applicable requirements of this Title, including
any applicable use standards, except where the use standards are expressly modified in the conditional use permit.
Use Not Permitted (--)
Indicates that a use is not permitted in the respective zoning district.
2
20.39.020 Use table.
(Gray shading separates categories into Residential, Commercial & Industrial, & Civic/Parks)
Use Category
Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF IL IH CI PR PF
Definition/
Standards
Residential Uses
All household living, as
listed below:
Single-family detached
(including new
manufactured homes)
P P P -- -- P P P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.600-615
Designated Manufactured
Home, Manufactured or
Mobile Home (except for
new designated
manufactured homes)
-- - P -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 20.39.600-615
New Designated
Manufactured Home P P P -- -- P P P P -- -- -- P -- -- -- -- -- -- -- --
Two-family -- P P -- -- P -- P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.600-615
Single-family attached
(2 units) -- P P -- -- P
-- P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.600-615
Single-family attached
(3 or 4 units) -- P P P P P -- P P P P P P P -- P
-- -- -- -- -- 20.39.600-615
Single-family attached
(5 or 6 units) -- -- P P
P P -- P P P P P P P -- P -- -- -- -- -- 20.39.600-615
Multi-family (3 or 4 units) -- -- P P P -- -- P P P P P P P -- P -- -- -- -- -- 20.39.600-615
Multi-family
(5 or more units) -- -- P P P -- -- P P P P P P P -- P -- -- -- -- -- 20.39.600-615
Manufactured or Mobile
Home Park
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 20.39.600-615
Boarding House -- -- -- C C -- -- -- C -- -- P C -- -- -- -- --
Congregate Living
Facilities -- -- C C C -- -- -- C -- -- P C -- -- -- -- --
Lodging House -- -- C C C -- -- -- C -- -- P C -- -- -- -- --
Group home
(up to 8 residents), except
as follows:
P P P P P P P P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.600-615
Adult Family Home P P P -- -- P P P P -- -- -- P -- -- -- -- --
All group living
(9 or more residents) -- -- -- C C -- -- P C P C -- P P -- -- -- -- -- -- -- 20.39.610
All social service -- -- -- -- -- -- -- -- -- -- -- -- P P P P P -- -- -- 20.39.615
Public Uses
All civic uses, as listed
below:
3
Use Category
Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF IL IH CI PR PF
Definition/
Standards
Community college,
university, trade or
technical school
(8,000 square feet
or less).
--
--
--
--
--
--
--
--
--
--
--
--
P
P
P
P
P
--
--
--
-- 20.39.405
Community college,
university, trade or
technical school
(more than 8,000
square feet).
-- -- -- -- -- -- -- -- -- -- -- -- -- -- C C C -- C -- C
20.39.405
Club or lodge -- -- -- -- -- -- -- -- -- P -- P P P -- -- -- -- P -- -- 20.39.405
Public use -- -- -- -- -- -- -- -- P P P P P P P P P P P P P 20.39.405
Museum, library -- -- -- -- -- -- -- -- -- P P P P P -- -- -- -- -- -- P 20.39.405
Place of worship C C C C C -- -- -- -- P -- P P P -- -- -- -- P -- -- 20.39.405
School (K-12) -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C -- -- 20.39.405
Jail or Detention Center -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C C C -- C 20.39.405
All open space and park
uses, as listed below:
Cemetery C -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P -- -- 20.39.410
Golf course C C C -- -- C -- -- -- -- -- -- -- C -- -- -- -- -- P P 20.39.410
Park, recreation field -- -- -- -- -- -- -- -- -- -- -- -- -- --- -- -- -- -- -- P P 20.39.410
All utilities, as listed
below:
Minor utilities P P P P P P P P P P P P P P P P P P P P P 20.39.415
Major utilities -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P P -- P 20.39.415
Wireless
telecommunication facility,
as listed below
Amateur radio operator
Tower P P P -- -- -- P -- -- -- -- -- -- -- -- -- -- -- -- -- -- 20.39.420
Wireless
telecommunication tower C C C C C C -- C C C C C C P P P P P P -- -- 20.39.420
Building-
mounted wireless
telecommunication
facility
-- -- -- -- -- -- -- -- -- P P P P P P P P P P -- --
20.39.420
Small cell
wireless facility
C C C C C C -- C C C C C C C P P P P P C P 20.39.420
Commercial Uses
All day care, as listed
below:
4
Use Category
Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF IL IH CI PR PF
Definition/
Standards
Family day care
(6 children or
fewer)
P P P -- -- P P -- -- -- -- -- P -- -- -- -- -- -- -- -- 20.39.505
Group day care (7 to 12) C C C -- -- C C C P P -- P P P -- -- -- -- -- -- --
20.39.505
Day care center
(13 or more) -- -- -- -- -- -- -- C C C -- P C P P -- -- -- -- -- -- 20.39.505
All indoor recreation,
except as listed below: -- -- -- -- -- -- -- -- C P C P -- P P -- -- -- -- C --
Shooting range -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C C -- -- C 20.39.510
Special event facility -- -- -- -- -- -- -- -- -- C C C C C C C C -- C C C 20.39.510
Commercial Entertainment,
except as follows:
-- -- -- -- -- -- -- -- -- P P P P P P P -- -- -- -- --
Adult Entertainment -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C C -- -- -- 20.39.515
All outdoor recreation,
except as listed below: -- -- -- -- -- -- -- -- C C- C P -- P P -- -- -- -- C C
Campground, travel
trailer park, RV park
(does not include
mobile home park)
-- -- -- -- -- -- -- -- -- -- -- -- -- C C -- -- -- -- C C 20.39.530
Horse stable, riding
academy, equestrian
center
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C C 20.39.530
Shooting range -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C 20.39.530
Marina (upland areas) -- -- -- -- -- -- -- -- -- -- C C -- C C C C C C C C 20.39.575
All overnight lodging, as
listed below:
Level 1: Vacation
rentals or similar short-
term house/room rentals P P P P P P P P P P P P
P -- -- -- --- -- -- -- -- 20.39.535
Level 2: Bed and
breakfast (up to 6
rooms)
C C C -- -- C C -- P -- -- --
P -- -- -- -- -- -- -- -- 20.39.535
Level 3: Hostel -- -- -- -- -- -- -- -- -- -- P P -- -- -- -- -- -- -- -- -- 20.39.535
Level 4: Motel -- -- -- -- -- -- -- -- -- -- -- -- -- P P -- -- -- -- -- -- 20.39.535
Level 5: Hotel P P P -- P P 20.39.535
All medical, except as
listed below:
-- -- -- -- -- -- -- -- C C P P P P P -- -- -- -- P
Hospital -- -- -- -- -- -- -- -- -- -- -- -- C C C C -- -- -- -- C 20.39.520
All office, except as listed
below: -- -- -- -- -- -- -- C C P P P P P P P -- -- -- -- --
5
Use Category
Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF IL IH CI PR PF
Definition/
Standards
Bail bonds -- -- -- -- -- -- -- -- -- C C C C P P -- -- -- -- -- -- 20.39.525
Surface parking:
commercial parking,
commuter lease parking
or park and ride, remote
parking
-- -- -- -- -- -- -- -- -- C C P P P P P P -- P -- C 20.39.540
Commercial parking
garage – standalone
-- -- -- -- -- -- -- -- -- C C C C P P P -- -- -- -- C 20.39.540
All personal service,
except as listed below: -- -- -- -- -- -- -- C C P C P P P P C -- -- -- -- --
Funeral home -- -- -- -- -- -- -- -- -- P -- P P P P -- -- -- -- -- -- 20.39.545
Crematorium -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P P P -- -- 20.39.545
Indoor animal care -- -- -- -- -- -- -- -- C P -- P -- P P P -- -- -- -- -- 20.39.550
Outdoor animal care -- -- -- -- -- -- -- -- -- -- -- -- -- C C C C -- C -- -- 20.39.555
Animal shelter or adoption
center
-- -- -- -- -- -- -- -- -- -- -- -- -- -- C C C C C -- -- 20.39.550-555
Business services -- -- -- -- -- -- -- C P P P P P P P P -- -- C -- -- 20.39.570
All restaurants except as
listed below:
-- -- -- -- -- -- -- P P P P P P P P -- -- -- -- -- --
Food truck -- -- -- -- -- -- -- P P P P P P P P P -- -- P -- -- 20.39.562
All retail sales, as listed
below:
Retail establishment (up
to 5,000 gross floor
area)
-- -- -- -- -- -- -- P P P P P P P P P -- -- P -- -- 20.39.565
Retail establishment
(5,001 - 15,000
gross floor area)
-- -- -- -- -- -- -- -- -- P P P -- P P P -- -- -- -- -- 20.39.565
Retail establishment
(15,001 - 50,000
gross floor area)
-- -- -- -- -- -- -- -- -- -- -- P -- P P P -- -- -- -- -- 20.39.565
Retail establishment over
(50,000 gross floor area) -- -- -- -- -- -- -- -- -- -- -- -- -- C P P -- -- -- -- -- 20.39.565
Fireworks sales in
accordance with POMC
5.60.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- P P -- -- -- -- --
Recreational marijuana
sales -- -- -- -- -- -- -- -- -- -- -- -- -- P P -- P -- 20.64
Convenience store with
fuel pumps -- -- -- -- -- -- -- -- -- -- -- -- -- -- P -- -- -- -- -- -- 20.39.565
Convenience store
without fuel pumps -- -- -- -- -- -- -- -- C C C -- -- P P P -- -- P -- -- 20.39.565
6
Use Category
Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF IL IH CI PR PF
Definition/
Standards
Fuel pumps and
sales without
convenience store
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P -- -- -- --
All vehicle and
tool/construction
equipment sales and
rental, as listed below:
--
--
--
--
--
--
--
--
--
--
--
--
--
--
P
P
P
--
--
--
--
Light vehicle and light tool
or construction equipment
sales and rental
-- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- -- --
20.39.565
Heavy vehicle and heavy
tool or construction
equipment sales and
rental
-- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P -- -- --
20.39.565
All vehicle service and
repair, as listed below:
Car wash -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- -- -- -- 20.39.625
Vehicle service and
repair, minor
-- -- -- -- -- -- -- -- -- -- -- -- -- P P P P -- -- -- -- 20.39.640
Vehicle service and
repair, major
-- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P -- -- -- 20.39.645
Vehicle service and repair,
commercial vehicle
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- --
20.39.650
Industrial Uses
All heavy industrial --
`
-- -- -- -- -- -- --- -- -- -- -- -- -- -- -- -- P -- -- -- 20.39.605
All light manufacturing,
except as listed below: -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- --
Commercial laundry, dry
cleaning or carpet
cleaning facility -- -- -- -- -- -- -- -- -- -- --
-- -- -- -- P P P -- -- --
20.39.610
Brewery, Distillery under
5,000 square feet
P P P P
Brewery, Distillery 5,001-
15,000 square feet
C C C P P
Brewery, Distillery over
15,000 square feet
P P
Craft shop -- -- -- -- -- -- -- P P P P P -- P P P P P -- -- -- 20.39.610
Food and beverage
processing, boutique
(area used for
processing less than
3,000 SF)
-- -- -- -- -- -- --
P P P P P -- P P P P P -- --
--
20.39.610
7
Use Category
Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF IL IH CI PR PF
Definition/
Standards
Food and beverage
processing, industrial -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P -- -- -- 20.39.610
Recreational
marijuana production -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P -- -- -- 20.64
All research and
development -- -- -- -- -- -- -- -- -- -- -- -- P P P P P P -- -- -- 20.39.615
Resource extraction –
mining, dredging, raw
mineral processing, except:
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C -- -- --
20.39.620
Timber harvesting in the
absence of concurrent
development
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --
Sand and Gravel Mining -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C C -- -- --
Stockpiling of sand, gravel
or other aggregate
materials
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C P -- -- P
20.39.620
Sheet metal, welding,
machine shop, tool and
equipment manufacturing,
vehicle painting facility
--
-- -- -- -- -- -- -- -- -- -- -- -- -- C P P P -- -- P
20.39.610
All warehouse, storage
and distribution, as listed
below:
--
--
--
--
--
--
--
--
--
--
--
--
--
--
C
C
P
P
--
--
--
Enclosed storage -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P P -- -- 20.39.655
Self-service storage,
mini-warehouse -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- -- -- -- 20.39.655
All waste-related service,
including sewage treatment
facilities, decant facilities
and recycling centers
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C -- -- P
20.39.660
Recreational marijuana
processing
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P -- -- --
20.64
Agricultural Uses
All agriculture, as listed
below:
Agricultural processing,
excluding marijuana
processing
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C P P -- -- -- 20.39.705
Community garden P P P P P P -- P P P -- -- -- -- -- -- -- -- -- P P 20.39.705
Nursery -- -- -- -- -- -- P -- -- -- -- -- -- P P P P -- -- -- -- 20.39.705
Winery -- -- -- -- -- -- C -- -- C C C -- P P P P -- -- -- -- 20.39.705
8
Use Category
Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF IL IH CI PR PF
Definition/
Standards
Accessory uses not
otherwise listed below,
as determined by the
[Administrator]:
Accessory apartment,
attached dwelling P P P -- -- P P -- -- -- -- -- P -- -- -- -- -- -- -- -- 20.39.805
Backyard cottage
dwelling
P P P -- -- P P -- -- -- -- -- P -- -- -- -- -- -- -- -- 20.39.805
Drive-thru facility -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P -- -- -- -- 20.39.870
Home occupation P P P P P P P P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.830
Home business P P P -- -- P P -- -- -- -- -- P -- -- -- -- -- -- -- -- 20.39.835
Livestock keeping P P P -- -- -- P -- -- -- -- -- -- -- -- -- -- -- -- -- -- 20.39.845
Outdoor display -- -- -- -- -- -- -- -- -- P P P P P P P P P -- -- -- 20.39.850
Outdoor storage as listed
below:
Low-impact -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P P -- -- -- 20.39.855
High-impact -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- -- 20.39.855
Self-Storage as
accessory use to
Apartment
Building
-- -- -- P P -- -- -- -- -- -- --
-- -- -- -- -- -- -- -- -- 20.39.860
Vehicle service
and repair,
accessory to a
residential use
P P -- -- -- P P -- -- -- -- --
-- P P -- -- -- -- -- -- 20.39.900
Park as accessory
use to residential
development P P P P P P -- P P P P P
P -- -- -- -- -- -- -- --
Medical marijuana
cooperative P P P P P P P P P P P P
P P P P P -- -- -- -- Ch. 20.64
Key: P = Permitted Use C = Conditional Use -- = Use Not Permitted
1
Chapter 20.128
LANDSCAPING
Sections:
20.128.010 - Purpose
20.128.020 - Applicability and compliance
20.128.030 - Landscape plans
20.128.040 - Integration with LID stormwater management facilities.
20.128.050 - Plant material and installation standards
20.128.060 - Landscaping types
20.128.070 - Landscape site design standards
20.128.080 - Development within required buffers
20.128.090 - Irrigation standards
20.128.100 - Maintenance of required buffers and landscaped areas
20.128.110 - Performance assurance/bonding
20.128.120 - Maintenance assurance/bonding
20.128.010 - Purpose.
It is the purpose of this chapter to:
(1) Promote well-planned and attractive landscaping that enhances the visual and aesthetic appearance
of the city.
(2) Provide space definition and landscape continuity between the built environment and the natural
environment.
(3) Provide appropriate barriers and relief from traffic, noise, heat, glare, and the spread of dust and
debris.
(4) Reduce potential negative impacts between adjacent and neighboring uses.
(5) Reduce flooding and reduce the impact of development on the city’s storm drainage system.
(6) Promote tree retention and the protection of existing native vegetation.
(7) Provide for the long-term establishment and health of new landscape plantings.
(8) Aid in the conservation of energy and replenish the atmosphere with oxygen.
(9) Provide for a more pleasant and relaxing urban environment.
(10) Ensure the long term maintenance and attractiveness of landscape plantings.
(11) Maintain and enhance property values.
20.128.020 - Applicability and compliance.
(1) Applicability. The provisions of this chapter shall apply to all new non-residential, single family
attached (three or more units), and multifamily (three or more units) development within the city.
2
Also:
(a) The provisions of this chapter shall apply to building additions, remodels and site improvements
per the Level I-III improvement thresholds set forth in POMC 20.127.020(3)(a-c).
(b) The maintenance provisions of this chapter apply to existing and previously approved landscape
plans and required landscape areas.
(c) Temporary deferral. A certificate of occupancy shall be contingent upon the screening and
landscaping requirements of this chapter being met. This provision may be temporarily deferred
by the director in cases where it is not reasonable for the developer to install certain species of
plant material prior to occupancy due to the recommended planting season not occurring at an
appropriate phase in construction. In such case, the time deadline for planting such materials
shall be extended only to the nearest seasonal period suitable for planting such materials.
Additionally, the director shall require that the applicant obtain a temporary deferral when
water restrictions are in place preventing regular irrigation or watering of plant material. The
director may authorize a temporary deferral through the issuance of a temporary certificate of
occupancy or through the approval of a performance bond in accordance with this Title.
(d) Review in conjunction with other permits. Landscape plan review shall be performed in
conjunction with other permit applications (i.e. land disturbing activity, stormwater drainage,
building permit, etc.). Appeals of decisions related to the application of this chapter shall be
connected to the underlaying permit application to which the landscape code has been applied.
(e) The provisions of this chapter may also apply to subdivisions and short plats as specified in
POMC 20.100, but shall not apply to the construction of an individual detached house, duplex,
or backyard cottage.
(2) Exceptions.
The director may waive the provisions of this chapter for Light Industrial (LI) zoned properties which
do not front Old Clifton Road or SR-160 depending on the type of use, number of anticipated
employees and customers, and the site’s physical relationship and anticipated impacts to adjacent
and neighboring zones, uses and development.
20.128.030 - Landscape plans.
(1) In order to implement the requirements of this section, landscape plans for the entire site are
required as part of the following permit application submittals:
(a) Building permit applications.
(b) Preliminary plat applications.
(c) Short plat applications.
(d) Binding site plan applications.
(e) Conditional use permit applications (where new construction, or expansion of a building is
proposed, or where landscaping is required to meet conditions for granting approval).
(f) Stormwater drainage permit applications.
(g) Land disturbing activity permit applications.
3
(2) In order to implement the requirements of this section, landscape plans for the entire site shall be
required as part of a Land Disturbing Activity Permit application submittal if the scope of the permit
application does not include restoration to pre-disturbance conditions or if the landscape plan
approval is not issued under another permit approval as listed in POMC 20.128.030(1)(a).
(3) Plans shall be developed shall be developed by a Washington state licensed landscape architect,
Washington-Certified Professional Horticulturalist (CPH), or other qualified individual.
(4) Landscape plans shall include:
(a) Boundaries and dimensions of the site.
(b) Location of existing and proposed easements, streets, curbs, utilities, sidewalks and any other
hard surfaces.
(c) Location of buildings and structures, parking lots, driveways, loading areas, outdoor mechanical
equipment, signs, refuse enclosures, overhead utilities, water meter location, swales, parking lot
lighting, and any existing vegetation that is to remain on the site.
(d) The location and design of landscape areas to be preserved and planted, and plant list to include
the location, number, height at maturity, and type of plant material by botanical and common
name.
(e) Proposed irrigation system if a permanent or temporary system is proposed. All landscaped
areas including adjacent right-of-way must be provided with an underground irrigation system.
(f) Specifications for soil amendments to provide suitable long term growing conditions.
(g) North arrow and scale.
(h) Planting detail section drawings.
(i) Name, address, and phone number of the person preparing the plan.
(j) Calculations demonstrating compliance with this chapter.
(5) Applicants shall familiarize themselves with existing site conditions, and are encouraged to meet
with staff to discuss appropriate design options and alternatives for accomplishing the screening and
landscaping objectives of this chapter prior to preparing and submitting a landscape plan.
(6) Applicants are encouraged to integrate landscape plans and stormwater system designs consistent
with the City’s adopted Stormwater Management Manual.
20.128.040 - Integration with LID stormwater management facilities. (20.128.035)
The required landscape design requirements in this chapter may be integrated with low impact
development (LID) stormwater management facilities and best management practices (BMPs) unless
site and soil conditions make LID infeasible, subject to the approval of the director and public works
department. LID facilities shall not compromise the purpose or intent of required landscaping and
landscaping shall not result in the disruption of the LID facilities’ functions. LID facilities shall be
designed and constructed in accordance and the LID Technical Guidance Manual for Puget Sound
(current edition).
4
20.128.050 - Plant material and installation standards.
(1) Native plant species. New landscaping materials shall include species native to the region or hardy,
waterwise, and non-invasive species appropriate in the climatic conditions of the region (decorative
annuals are an exception). Generally acceptable plant materials must be those identified as hardy in
Zone 8b as described in United States Department of Agriculture’s Plant Hardiness Zone Map. The
selection of plant species should include consideration of soil type and depth, the amount of
maintenance required, spacing, exposure to sun and wind, the slope and contours of the site,
compatibility with existing native vegetation preserved on the site, water conservation where
needed, and the impact of landscaping on visibility of the site for purposes of public safety and
surveillance.
(2) Tree standards and guidelines.
(a) Tree heights may be called for within this chapter or elsewhere within this title:
(i) Large tree: Capable of growing 35 feet high or greater under normal growing conditions.
(ii) Medium tree: Capable of growing over 15 feet high and less than 35 feet high under normal
growing conditions.
(iii) Small tree: Capable of growing up to 15 feet high under normal growing conditions.
(b) Unless otherwise noted herein, required trees shall meet the following standards at the time of
planting:
(i) Required deciduous trees shall be fully branched, have a dominant leader branch, have a
minimum caliper of one-and-one-half inches (as measured 24 inches above the root ball),
and a minimum height of six feet at the time of planting as measured from the top of the
leader branch to the top of the root ball.
(ii) Required evergreen trees shall be fully branched and a minimum of six feet in height,
measured from the treetop to the ground, at the time of planting.
(iii) Required trees of any species within parking areas shall be a minimum caliper of one-and-
one-half inches (as measured 24 inches above the root ball) and a minimum height of ten
feet at the time of planting.
(3) Shrub standard. Shrubs, except for ornamental grasses, shall be a minimum of one-gallon size at the
time of planting.
(4) Ground cover standards and guidelines.
(a) Ground covers shall be planted and spaced to result in total coverage of the required landscape
area within three years as follows, or as per recommendations by Washington state licensed
landscape architect, Washington-Certified Professional Horticulturalist (CPH), or other qualified
individual. Ground cover plants other than turf forming grasses must be planted in triangular
spacing at the following rates:
(i) Four-inch pots at 18-inches on-center.
(ii) One-gallon or greater sized containers at 24-inches on-center.
(iii) Alternative plant spacing may be appropriate depending on the specific plants. When
applicable, plant spacing information must be included with permit application submittals
from published sources, such as the Sunset Western Garden Book, from Internet sources, or
5
from cut sheets provided by a nursery. Such sources must be identified for verification
purposes.
(b) Grass is acceptable as ground cover in landscaped areas, but generally not preferred for water
conservation and maintenance purposes (lawn areas designed as play areas are an exception).
(c) Ground cover areas shall contain at least two inches of composted organic material at finished
grade.
(5) Tree and plant diversity.
(a) If there are more than eight required trees, no more than 40 percent of them may be of one
species.
(b) If there are more than 24 required trees, no more than 20 percent of them may be of one
species.
(c) If there are more than 24 required shrubs, no more than 75 percent of them may be of one
species.
(6) Soil augmentation and mulching.
(a) Existing soils shall be augmented with a two-inch layer of fully composted organic material tilled
a minimum of six inches deep prior to initial planting.
(b) Landscape areas shall be covered with at least two inches of mulch to minimize evaporation.
Mulch shall consist of organic materials such as bark chips and wood grindings or yard waste,
sawdust, and/or manure that is fully composted. Washed rock may also be used as a mulch.
(7) Landscape installation standards.
(a) All required landscaping shall be in-ground, except when in raised planters. Plant materials shall
be installed to current nursery industry standards.
(b) Plant materials shall be properly supported to ensure survival. Support devices such as guy wires
or stakes shall not interfere with vehicular or pedestrian movement. Where support is
necessary, stakes, guy wires or other measures shall be removed as soon as the plant can
support itself.
(c) Existing trees and plant materials to be retained shall be protected during construction.
Protection measures may include silt fencing, chain link fencing, or other sturdy fencing placed
at the dripline of trees to be retained. Grading, topsoil storage, construction material storage,
vehicles, and equipment shall not be allowed within the dripline of trees to be retained.
(d) Installation of landscaping materials must take into consideration access to utility vaults,
pedestals, and other public and private utility facilities.
(e) Trees and major shrubs at mature size should avoid interference with windows, decks,
pedestrian walkways or other travelled ways, or lighting.
6
20.128.060 - Landscaping types.
(1) Type A landscaping.
(a) Type A landscaping shall function as a full screen and visual barrier. This landscaping is typically
found between residential and nonresidential areas and used to screen unwanted views.
(b) Type A landscaping shall minimally consist of:
(i) Trees: Predominately evergreen (more than 50 percent) at the following rates on landscape
strips:
(A) One large tree per 300 square feet or 30 linear feet.
(B) One medium tree per 220 square feet or 22 linear feet.
(C) One small tree per 150 square feet or 15 linear feet.
At least 70 percent of the trees shall be large.
(ii) Shrubs: Predominately evergreen provided at a rate of one shrub per four linear feet of
landscaped strip and spaced no more than eight feet on center.
(iii) Plant diversity. Trees and shrubs must comply with POMC 20.128.050(5).
(iv) Groundcover: Planted at a density to cover the landscape buffer per POMC 20.128.070
within three years.
(v) The selected plant materials and configuration will be able to screen 70 percent of the
unwanted views within five years of planting and fully screen the unwanted view within six
years. This requirement will account for the size of materials planted and their typical
growth rate.
Figure 20.128.060(1)
Type A landscaping standards.
7
(2) Type B landscaping.
(a) Type B landscaping is a “filtered screen” that functions as a visual separator. This landscaping is
typically found between differing types of residential development and used to screen
unwanted views from the pedestrian environment.
(b) Type B landscaping shall minimally consist of:
(i) Trees: At least 50 percent deciduous trees and at least 30 percent evergreen trees at the
following rates on landscape strips:
(A) One large tree per 300 square feet or 30 linear feet.
(B) One medium tree per 220 square feet or 22 linear feet.
(C) One small tree per 150 square feet or 15 linear feet
At least 70 percent of the trees shall be large.
(ii) Shrubs: Provided at the rate of one shrub per four linear feet of landscaped strip and
spaced no more than eight feet on center.
(iii) Plant diversity. Trees and shrubs must comply with POMC 20.128.050(5).
(iv) Groundcover: Planted at a density to cover the landscape buffer per POMC 20.128.070
within three years.
(v) The selected plant materials and configuration will meet the purpose of the standards
within five years of planting. This requirement will account for the size of materials and the
growth rate.
Figure 20.128.060(2)
Type B landscaping standards.
8
(3) Type C landscaping.
(a) Type C landscaping is a “see-through screen” that functions as a partial visual separator to
soften the appearance of parking areas and building elevations. This landscaping is typically
found along street frontages or between multifamily developments.
(b) Type C landscaping shall minimally consist of:
(i) Trees: At least 70 percent deciduous trees at the following rates on landscape strips:
(A) One large tree per 300 square feet or 30 linear feet.
(B) One medium tree per 220 square feet or 22 linear feet.
(C) One small tree per 150 square feet or 15 linear feet
At least 70 percent of the trees shall be large.
(ii) Shrubs: Provided at the rate provided at a rate of one shrub per four linear feet of
landscaped strip and spaced no more than eight feet on center.
(iii) Groundcover: Planted at a density to cover the landscape buffer per POMC 20.128.070
within three years.
(iv) Plant diversity. Trees and shrubs must comply with POMC 20.128.050(5).
(v) Tree and shrub placement shall be designed to maximize pedestrian visibility (generally
between three and eight feet above grade once trees have matured).
(vi) The selected plant materials and configuration will meet the purpose of the standards
within five years of planting. This requirement will account for the size of materials and the
growth rate.
(c) Where Type C landscaping is designed to also function as a rain garden, adjustments in the
spacing of trees, shrubs, and ground cover will be allowed provided the rain garden meets the
function requirements of subsection (6) below and the intended function of Type C landscaping
as defined in subsection (a) above.
9
Figure 20.128.060(3)
Type C landscaping standards.
(4) Type D landscaping.
(a) Type D landscaping refers to all other landscaped areas that do not qualify as Type A-C
landscaping. While native and low maintenance trees and shrubs are encouraged in these areas,
lawn areas may be used for recreational or design purposes. These areas may also include
flower beds and perennial beds.
(b) Type D landscaping may include any combination of plant materials provided they comply with
POMC 20.128.050.
(5) Low hedge.
A low hedge is intended to function as an attractive visual divider of space rather than a visual
buffer between uses and properties. To qualify as a hedge landscaping type, the planting must be at
least 30 inches wide and 30 inches tall. The hedge include plant materials that typically grow no
taller than five feet at maturity or are maintained between 30 inches and 48 inches tall. Additional
limits on hedges may be imposed by the public works director within required sight triangles at
intersections. Shrubs or other hedge plant materials must be placed at a rate of one per four linear
feet of landscaped strip or otherwise recommended for shrub species (plant spacing information
must be included with permit application submittals from published sources, such as the Sunset
Western Garden Book, from Internet sources, or from cut sheets provided by the nursery.
10
Figure 20.128.060(5)
Low hedge examples.
(6) Rain garden.
A rain garden is a landscaped depression that collects, absorbs, and filters stormwater runoff from
rooftops, driveways, patios, and other hard surfaces. They can also function as an attractive visual
divider of space. To qualify as a rain garden, the following elements must be included:
(a) Garden located and designed to capture impervious area runoff.
(b) Six to 12 inches ponding depth.
(c) Twelve to 24 inches rain garden soil depth with two to three inches surface mulch layer.
(d) Gradual side slopes (maximum 2:1).
(e) Overflow design elements with measures to protect erosion.
(f) Generous plantings (capable of reaching 100 percent groundcover) of a variety of small trees,
shrubs, ground covers, and grasses. Select plants suitable for the three planting zones within the
garden and around the perimeter.
11
Figure 19.66.050(6)
Rain garden examples.
20.128.070 - Landscape site design standards.
(1) Required landscape buffer standards. Screening between certain uses may be called for in Table
20.128.070 below or elsewhere in this chapter:
12
(a) The provisions of this section do not apply to, and landscape buffers are not required for,
development with a designated storefront block frontage (POMC 20.127.090-260) unless
required as a condition of a permit (such as a conditional use permit or subdivision) or SEPA.
(b) Where mature trees and vegetation exists within the required buffer areas, the preservation of
said mature trees and vegetation may be preferable to new plant materials. The director may
require up to 50 percent additional buffer width and/or specific planting conditions to better
ensure the survival of existing mature trees and/or augment existing plantings to meet the
intent of the standards.
(c) The letters A, B, and C refer to the required landscape buffer type(s), (described in POMC
20.128.060). Where more than one buffer type is referenced at the intersection of the column
and the row, only one of the listed buffer types is required.
(d) Where the cells at the intersection of the column and the row are empty, there are no
landscaping buffer requirements for the particular situation.
(e) The numbers 1, 2, or 3 after a letter refer to minimum buffer width intensity requirements set
forth in subsection B below.
(f) If a * appears after a use or term within the table, then the use or term is defined in POMC
Chapter 20.12 or 20.39.
(g) Where superscript numbers are included in a cell, see the corresponding note matching the
number below the table.
(h) For the application of building additions, remodels and site improvements, the provisions of
POMC 20.127.020(3) shall apply.
(i) Departures. Alternative buffer treatments may be approved per POMC 20.127.060 for any of
the buffer types required below, provided they meet the purpose of this chapter.
Table 20.128.070
Required buffer types for developing uses.
Developin
g use
Existing abutting uses and zones
Street,
park or
trail
R1, R2,
R6, GB
zones
R3, R4,
R5
zones
RMU,
NMU,
GMU,
DMU,
CMU,
BPMU
zones
CC, CH
zones IF zone IL zone IH zone
CI, PF
zones
Single
Family
attached*
(3 or more
units) or
Multifamil
y* (3 or
more
units) See subsection (2) below. Fence
plus
BC-5’
Fence
plus
BC-5’
Fence
or
BC-5’
or path
Fence
or
BC-5’
or path
Fence
plus
AB-10’
Fence
plus
AB-10’
Fence
plus
AB-10’
Fence
plus
BC-5’
13
Table 20.128.070
Required buffer types for developing uses.
Developin
g use
Existing abutting uses and zones
Street,
park or
trail
R1, R2,
R6, GB
zones
R3, R4,
R5
zones
RMU,
NMU,
GMU,
DMU,
CMU,
BPMU
zones
CC, CH
zones IF zone IL zone IH zone
CI, PF
zones
Low
intensity
non-
residential
use*
Fence
plus
ABC-5’
Fence
plus
ABC-5’
Fence
or
BC-5’
or path
Fence
or
BC-5’
or path
Fence
plus
ABC-
10’
Fence
plus
ABC-
10’
Fence
plus
ABC-
10’
Fence
plus
ABC-5’
Moderate
intensity
non-
residential
use*
Fence
plus
ABC-
10’
Fence
plus
ABC-
10’
Fence
or
BC-5’
or path
Fence
or
BC-5’
or path
Fence
plus
ABC-
10’
Fence
plus
ABC-
10’
Fence
plus
ABC-
10’
Fence
plus
ABC-
10’
High
intensity
non-
residential
use*
Fence
plus
ABC-
15’
Fence
plus
ABC-
15’
Fence
or
BC-5’
or path
Fence
or
BC-5’
or path
Fence
plus
ABC-
10’
Fence
plus
ABC-
10’
Fence
plus
ABC-
10’
Fence
plus
ABC-
15’
Use
featuring
an open
storage
yard*
Fence
plus
ABC-
10’
Fence
plus
ABC-
10’
Fence
plus
ABC-5’
or
A-10’
Fence
plus
ABC-5’
or
A-10’
Fence
or
A-5’ or
B-10’
Fence
or
A-5’ or
B-10’
Fence
or
A-5’ or
B-10’
Fence
plus
ABC-
10’
Heavy
industry*
Fence
plus
ABC-
20’
Fence
plus
ABC-
20’
Fence
plus
ABC-5’
or
A-10’
Fence
plus
ABC-5’
or
A-10’
Fence
plus
ABC-5’
or
A-10’
Fence
plus
ABC-5’
or
A-10’
Fence
plus
ABC-5’
or
A-10’
Fence
plus
ABC-
20’
(2) Street, park, or trail buffers.
(a) For landscaping between uses or structures and streets, also see the applicable block frontage
standards in POMC 20.127.100-260. Plant materials, installation, and maintenance are subject
to the standards of this chapter.
(b) For non-residential, single family attached (three units or more), and multifamily development
(three units or more), see POMC 20.127.220 for Trail/Park block frontage standards. Alternative
designs will be considered based on the unique context of the site, the development, and the
14
park/trail provided the designs promote safety for park/trail users, and mitigate any potential
negative impacts of the proposed use on the park/trail.
(c) For storage yards, a minimum ten-foot wide planting strip with Type A landscaping is required
between any street and such storage yard.
(3) Surface parking lot landscaping.
(a) Parking lot perimeters.
(i) For parking lots abutting public right of way, use Type C landscaping at a width equal to or
greater than the minimum building setback specified for the applicable block frontage type
specified in POMC 20.127.100-260. For parking lots on sites without an applicable block
frontage type, the parking lot landscape buffer shall be at least ten feet deep.
(ii) For parking lots along internal private roadways in commercial areas, provide a planting
strip at least six feet wide with Type C landscaping.
(iii) For parking lots along internal lot lines, use Type A or B landscaping at least ten feet deep,
except where a greater buffer width is required per the standards in Table 20.128.070.
Departures will be considered provided they meet the purpose of this chapter. Examples of
acceptable departures may include decorative low walls with landscaping, decorative elevated
planters, or landscaping with a trellis. In no case may landscaping buffers be less than five feet
wide. The minimum height of planters or walls, where used, is three feet. The maximum height
of walls where used shall be five (5) feet.
Figure 20.128.070(3)(a)
Parking lot perimeter landscaping departure examples.
15
Figure 20.128.070(3)(a)
Parking lot perimeter landscaping departure examples.
Above are two possible departure parking lot landscaping buffer designs that may be acceptable in
more urbanized areas, such as downtown.
(b) Internal parking lot landscaping.
(i) Trees and shrubs required.
(A) For every 1,000 square feet of vehicular use area, at least one deciduous tree must be
planted.
(B) Trees and shrubs must be planted within 15 feet of the parking lot to count as parking lot
landscaping.
(C) When a development contains more than 20 or more parking spaces, 50 percent of the
trees and shrubs must be planted in islands or medians located within the parking lot.
(ii) Landscaping type.
(A) Type C landscaping shall be utilized for landscaping islands internal to parking lots.
(B) At least 75 percent of the required deciduous trees must be large trees. Medium and
small trees are acceptable where overhead electric lines would interfere with normal
growth.
(C) Rain gardens and swales may be integrated into required planting areas.
(iii) Landscaped island sizes. At a minimum, tree islands shall be a minimum of 256 square feet.
Planting islands must be at least six feet deep and wide.
(iv) Landscaped island spacing. Parking bays shall be broken up with landscaped islands or
medians to avoid long monotonous rows of parking. Tree islands shall be evenly
distributed throughout the parking lot in order to provide an even tree canopy throughout
the lot.
(v) Each parking space must be located within 75 feet of a tree measured from the closest
point of the parking space to the tree trunk.
16
Departures will be considered provided they meet the purpose of this chapter.
(4) Foundation planting. All street-facing elevations must have landscaping along any exposed
foundation. The landscaped area may be along the outer edge of a porch instead of the foundation.
This landscaping requirement does not apply to portions of the building facade that provide access
for pedestrians or vehicles to the building. The foundation landscaping must meet the following
standards:
(a) The landscaped area must be at least three feet wide.
(b) There must be at least one three-gallon shrub for every three lineal feet of foundation.
(c) Ground cover plants must fully cover the remainder of the landscaped area.
Figure 20.128.070(4)
Foundation planting.
Foundation plantings would be required along this exposed concrete foundation.
(5) Existing vegetation.
(a) Existing healthy, native, and non-invasive vegetation may be used to fulfill the requirements of
this chapter.
(b) When existing vegetation is proposed to be used to fulfill the requirements of this chapter, that
vegetation shall be shown on required landscape plans as “existing vegetation to be retained”
and prior to land disturbing activities, these areas shall be flagged in the field and be protected
by construction fencing. In the event that existing vegetation proposed to be used to fulfill the
requirements of this chapter is altered, damaged, or removed during development or
construction activity, this area shall be restored to its original state after the development or
construction activity is complete, or, shall be replanted in accordance with a new revised
landscaping plan developed and approved in accordance with this chapter.
(6) Stormwater facilities.
(a) Plant-based stormwater treatment facilities such as rain gardens [see POMC 20.128.060(6)] and
swales may be used to meet the requirements of this section as provided elsewhere in this
chapter.
17
(b) Stormwater detention facilities such as ponds and collection basins may not be used to meet the
requirements of this section unless designed per subsection (a) above.
20.128.080 - Development within required buffers.
This section applies to buffers that are required per Table 20.128.070.
(1) Pedestrian walkways are allowed within buffers, subject to the following standards:
1. Walkways shall not exceed five feet in width.
2. Walkways shall cross buffers at an angle between 60 and 90 degrees.
3. Walkways may only run along the length of a buffer if the buffer is at least 40 feet in width, and
the walkway is located within the inner 25 percent of the buffer.
(2) Utilities are not permitted in buffers within a residential subdivision, unless no reasonable
alternative exists. However, utilities may be installed in an easement that is located along street
frontage and parallel to the street. If utilities are placed in a buffer, they shall be located and
installed in a way that minimizes disturbance of the buffer area: not parallel, but crossing at an angle
between 60 and 90 degrees. If storm water drainage channels are placed in a buffer at an angle less
than 60 degrees, the buffer width shall be increased by the width of the utility easement or
disturbance, or at least ten feet, whichever is greater.
20.128.090 - Irrigation standards.
The purpose of this standard is to ensure that plants will survive the critical establishment period when
they are most vulnerable.
All required landscaped areas in the city must comply with at least one of the following:
(1) A permanent built-in irrigation system with an automatic controller will serve the proposed
landscape area, and the system will be installed and operational before the city grants an occupancy
permit or final inspection for the development.
(2) A temporary irrigation system will serve the proposed landscape area, provided the applicant can
successfully demonstrate that the proposed temporary irrigation system will provide sufficient
water to ensure that the plant materials to be planted will survive installation and, once established,
will survive without watering other than natural rainfall.
(3) A permanent or temporary irrigation system will not serve the proposed landscape area, provided:
(a) The director finds the landscape area otherwise fulfills the requirements of this section, and
(b) The applicant submits all of the following with the site plan application:
(i) A statement from a Washington state licensed landscape architect, Washington-Certified
Professional Horticulturalist (CPH), or other qualified individual certifying that the materials
to be planted will survive without watering other than natural rainfall.
(ii) A plan for monitoring the survival of required vegetation on the approved site plan for at
least one year and for detection and replacement of required vegetation that does not
survive with like-kind material or other material approved by the director.
18
(iii) A statement from the applicant agreeing to install an irrigation system if the director finds
one is needed to ensure survival of required vegetation, based on the results of the
monitoring plan.
20.128.100 - Maintenance of required buffers and landscaped areas.
(1) Maintenance responsibility.
The owners of the property and their agents, heirs, or assigns shall be responsible for the
installation, preservation, and maintenance of all planting and physical features (installed or
vegetated natural areas) required under this section. Damage to these areas shall result in the
revegetation requirements or fines per POMC 20.128.090.
(2) Inspections after second and fifth year.
The director shall inspect the site two and five years after the issuance of a permanent certificate of
occupancy in order to ensure compliance with the approved landscape plan and to ensure that the
landscaping is properly maintained. Failure to maintain required landscape areas on a permanent
basis may result in fines according to POMC 20.02 and POMC 2.64.
(3) Maintenance responsibility, replacement of damaged vegetation, and associated fines.
(a) The owners of the property and their agents, heirs, or assigns must be responsible for
maintaining all required landscaping and screening areas in a healthy, growing condition.
(b) All landscaping and screening areas must be maintained reasonably free of weeds and trash,
must be treated for pest/diseases in accordance with the approved landscape plan, and must be
maintained so as to prevent mulch, straw, dirt, or other materials from washing onto streets,
sidewalks, and adjoining properties.
(c) Limbing up trees and “topping” or shearing off trees is prohibited, unless required for public
safety reasons approved by the director.
(d) The property owner shall take actions to protect trees and landscaping from unnecessary
damage during all facility and site maintenance operations.
(e) Any dead, unhealthy, or missing vegetation, or vegetation disfigured by severe or excessive
pruning, unusual weather occurrence or natural catastrophe, or other natural occurrence such
as damage by wild or domestic animals, must be replaced with equivalent vegetation that
conforms to the plant materials and installation standards in POMC 20.128.050, other applicable
standards of this title, and the approved site plan.
(f) The owner shall have one growing season to replace or replant after receiving notice from the
director. The director shall consider the type and location of the required vegetation area in
making a determination on the extent of replanting requirements.
(g) Failure to maintain all plantings in accordance with this section shall constitute a violation of the
Port Orchard Municipal Code and may result in fines in accordance with POMC 20.02.
(4) Landscape maintenance plan.
The paragraph and list below regarding a landscape maintenance/management plan shall be placed
on the landscape plan prior to plan approval, along with any other notes applicable to site
landscaping. This statement may be individualized based on the specific characteristics of each site
and its landscaping plan requirements. The maintenance plan shall be prepared by a Washington
19
state licensed landscape architect, Washington-Certified Professional Horticulturalist (CPH), or other
qualified individual.
“The owners of the property and their agents, heirs, or assigns shall be responsible for the
installation, preservation, and maintenance of all planting and physical features shown on this plan.
The owners shall be responsible for maintenance of the vegetation, including but not limited to:
(a) Fertilization.
(b) Pruning.
(c) Pest control.
(d) Mulching.
(e) Mowing (if any).
(f) Protection of the root zones from equipment, construction and storage of materials.
(g) Watering.
(h) Other continuing maintenance operations.
Failure to maintain all plantings in accordance with this plan shall constitute a violation of the Port
Orchard Municipal Code and may result in fines."
20.128.110 - Performance assurance/bonding.
In the event that landscaping improvements cannot be installed prior to final plat, final short plat, final
binding site plan or formal certificate of occupancy, a cash deposit, letter of credit or other assurance
acceptable to the city equal to 150 percent of the estimated landscaping and installation costs must be
required. Such deposit must be accompanied by a letter which stipulates completion of all landscape
development no later than the next autumn planting season following issuance of the certificate of
occupancy or date of final approval, whichever is later. If these conditions are not met, the city may use
the deposit to install the landscaping.
20.128.120 - Maintenance assurance/bonding.
Prior to granting a (permanent) certificate of occupancy and/or granting final approval of site
improvements, the owner of the subject property shall provide a two-year landscape maintenance
bond, cash set-aside, or other assurance acceptable to the city (hereafter “assurance”) in an amount
equal to 125 percent of the estimated landscaping and installation costs for the project. It shall be the
owner’s responsibility to request a landscape maintenance inspection at least two years after city
acceptance upon final landscaping installation inspection. The assurance shall not be released by the city
unless the city finds upon inspection that the landscaping has been maintained and is in good health. If
the city finds that the landscaping has not been maintained or is not in good health, the city may at its
option require the owner to maintain and restore the required landscaping to healthy conditions prior
to releasing the landscape maintenance assurance, or may itself perform work to correct the
deficiencies using the provided assurance. In the event that a significant amount of the required
landscaping requires replacement as determined by the director, the city may require an additional two-
year landscape maintenance assurance on all or a portion of the required landscaping.
Chapter 20.129
SIGNIFICANT TREES
Sections:
20.129.010 Purpose
20.129.020 Applicability
20.129.030 Definitions
20.129.040 Removal and Replacement of all Significant Trees
20.129.050 Retention and Protection of Significant Trees Associated with Development Proposals
20.129.010 - Purpose.
It is the purpose of this chapter is to:
(1) Provide incentives for preserving significant trees and to require the replacement of significant trees
at specified ratios when they are removed.
(2) Mitigate the environmental and aesthetic consequences of tree removal in land development
through tree replacement to achieve a goal of no net loss of trees throughout the City.
(3) Provide measures to protect trees that may be impacted during construction activities.
(4) Maintain and protect the public health, safety, and general welfare.
(5) Preserve the aesthetic, ecological, and economic benefits of forests and tree-covered areas in Port
Orchard including:
(a) Providing varied and rich habitats for wildlife;
(b) Absorbing carbon dioxide;
(c) Moderating the effects of winds and temperatures;
(d) Stabilizing and enriching the soil;
(e) Slowing runoff from precipitation and reducing soil erosion;
(f) Improving air quality;
(g) Improving water quality;
(h) Masking unwanted sound;
(i) Providing visual relief and screening;
(j) Providing recreational benefits;
(k) Enhancing the economic value of developments;
(l) providing a valuable asset to the community.
20.129.020 - Applicability.
(1) This section applies to all significant trees in the city.
(2) No significant tree may be removed unless the requirements of this chapter are met.
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(3) The following situations, activities, and projects are exempt from the significant tree protection
requirements of this section unless the tree is located in a critical area as identified in POMC 20.162:
(a) Utility developments.
(b) Roadway or street (including sidewalks) construction.
(c) Parks projects.
(d) Trees that interfere with overhead utility lines.
(e) Trees that are causing damage to building foundations.
(4) This chapter shall not be construed to authorize the removal of trees where tree removal is not
otherwise permitted in the POMC.
20.129.030 - Definitions.
(1) Significant trees are those trees with a DBH (diameter at breast height) of 18 inches or greater and
which are not identified by a licensed arborist as damaged, diseased, or a safety hazard due to
potential root, trunk or primary limb failure, or new exposure to wind after having grown in a
closed, forested situation.
(2) The root protection zone is equal to one-foot radius from the center of the tree for every one inch of
tree DBH. A modified root protection zone may be established by a certified arborist’s individual
tree evaluation.
20.129.040 - Removal and replacement of all significant trees.
(1) Approval of the director is required for the removal of significant trees. The decision to authorize
the removal of a significant tree shall be a Type 1 decision; however, an application that involves
two or more procedures may be processed consistent with the procedures provided in POMC
20.25.020(2). Approval requires that the following condition and the replacement requirements of
subsection (2) are met:
(a) All significant trees located within any required landscape buffer area or required landscape
planting area shall be retained to the extent practical and feasible.
(2) Significant trees that are removed shall be replaced with trees meeting the following requirements:
(a) Trees must be replaced at the rates described in Table 20.129.040(2).
Table 20.129.040(2)
Replacement tree quantity.
Significant Tree Diameter Number of Replacement Trees Required
18-22 inches diameter 1
22-28 inches diameter 2
28-36 inches diameter 3
Greater than 36 inches diameter 4
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(b) Replacement deciduous trees shall be fully branched, have a dominant leader branch, have a
minimum caliper of one-and-one-half inches (as measured 24 inches above the root ball), and a
minimum height of six feet at the time of planting as measured from the top of the leader
branch to the top of the root ball. Replacement evergreen trees shall be fully branched and a
minimum of six feet in height, measured from the top of the leader branch to the top of the root
ball, at the time of planting.
(c) Replacement trees shall primarily be those species native to the Pacific Northwest. In making a
determination regarding the species of replacement trees, the director shall defer to the species
selected by the property owner unless the director determines that the species selected is
unlikely to survive for a period of at least ten years, represents a danger or nuisance, would
threaten overhead or underground utilities
(d) The property owner shall maintain all replacement trees in a healthy condition. The property
owner shall be obligated to replant any replacement tree that dies, becomes diseased, or is
removed. Replacement trees shall not be removed except when they are replaced at another
location in accordance with this chapter.
(e) The director may authorize the planting of fewer and smaller replacement trees if the property
owner can demonstrate the reduction is suitable for the site conditions, neighborhood
character, and the purposes of this section, and that such replacement trees will be planted in
sufficient quantities to meet the intent of this section. The director may require a certifying
statement from a Washington state licensed landscape architect, Washington-Certified
Professional Horticulturalist (CPH), or certified arborist.
(3) If the site does not allow for planting of replacement trees the trees may be planted on an
alternative site within the city and not more than 500 feet away from the removed tree, or public
property (such as in a city park) subject to the approval of the public works director, provided that
guarantees exist (such as a conservation easement) to ensure that the replacement trees will not be
removed prior to reaching 18 inches DBH (at which time they will be considered significant trees).
(4) The director shall not authorize the planting of shrubs or bushes in lieu of required replacement
trees.
(5) For projects containing 5 or fewer significant trees, the required replacement trees planted shall be
in addition to other required trees installed to satisfy street tree and landscaping buffer, parking lot,
and other landscape area requirements. For projects containing more than 5 significant trees, up to
seventy-five percent (75%) of the required replacement trees to be planted may be satisfied by
planting trees within required landscaping buffers and parking lot islands as specified in POMC
20.128.
(6) Guidelines for significant tree replacement. The following guidelines and requirements shall apply to
significant tree replacement:
(a) When individual trees or tree stands are protected, replacement trees should be planted to re-
establish or enhance tree clusters where they previously existed.
(b) Replacement trees shall be planted in locations appropriate to the species’ growth habit and
horticultural requirements.
(c) Replacement trees shall be planted in areas that connect or are adjacent to native growth
protection areas or other open space, where appropriate.
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(d) Replacement trees shall be integrated into the required landscape plans, if any, for a
development.
(e) Replacement trees to be planted next to or under power lines shall be selected with
consideration of the trees’ maturation and maintenance requirements.
20.129.050 - Retention and protection of significant trees associated with development proposals.
(1) Significant tree retention plan. The applicant or property owner shall submit a tree retention plan
prepared by a certified arborist, horticulturalist, landscape architect, forester or other qualified
professional concurrent with the underlaying development permit application (such as a land
disturbing activity, short subdivision, binding site plan, conditional use, building, or preliminary
subdivision permit application), whichever is reviewed and approved first. The tree retention plan
shall consist of:
(a) A tree survey that identifies the location, size, and species of individual significant trees or the
perimeter of stands of trees on a site.
(b) Identification of the significant trees that are proposed to be retained.
(c) The location and design of root protection during construction and development activities.
(2) Exemption: Significant tree retention plans shall not be required for the construction of a detached
house or backyard cottage, but these projects shall comply with all other sections of this chapter.
(3) Protection of significant trees. To provide protection for significant trees that are to remain during
and after development activity the following standards apply:
(a) Prior to construction, grading, or other land development, each root protection zone is
identified with a temporary chain-link or orange mesh fence with a minimum height of five feet.
(b) No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted
within the root protection zone.
(c) Alternative protection methods may be used if determined by the director to provide equal or
greater significant tree protection.