HomeMy WebLinkAbout10/15/2025 - PacketORCHARD
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Meeting Location:
216 Prospect Street
Port Orchard, WA 98366
Contact us:
Phone (360) 876-4407
cityhall@portorchardwa.gov
www. portorchardwa.gov
Land Use Committee
Land Use Committee Regular Meeting
Wednesday, October 15, 2025
4:30 PM
Remote Access Only
Zoom Webinar Public Link: https://us02web.zoom.us/j/81034433449
Webinar ID: 810 3443 3449
Dial -in Number: 1-253-215-8782
1. Welcome and Introduction
Land Use Committee members and City staff introductions
2. Discussion Items
A. Discussion: Shopfront House
B. Discussion: HB 1998 — Co -living Housing
C. Discussion: Multi -family Tax Exemption
D. Discussion: Quarterly Inspections Report
E. Discussion: Vacant Lands
3. Adjounment
Next Land Use Committee Meeting: November 19, 2025
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October 15, 2025 Meeting Agenda
1
For Committee Membership please visit https://portorchardwa.gov/city-council-advisory-committees/.
October 15, 2025 Meeting Agenda
ORDINANCE NO. ***
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE (POMC) CHAPTERS 20.12
(DEFINITIONS), 20.32 (BUILDING TYPES), 20.39 (USE PROVISIONS), AND
20.124 (PARKING AND CIRCULATION) TO IMPLEMENT THE
REQUIREMENTS OF HOUSE BILL 1998 (RCW 36.70A.535) REGARDING
CO -LIVING HOUSING; PROVIDING FOR SEVERABILITY, CORRECTIONS,
AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the Washington State Legislature enacted Engrossed Substitute House Bill 1998
(ESHB 1998) during the 2024 Regular Session to address the housing affordability crisis by enabling
co -living housing as a permitted residential use; and
WHEREAS, ESHB 1998 (codified as RCW 36.70A.535) requires cities planning under the
Growth Management Act to allow co -living housing in urban growth areas where multifamily
residential uses with a density of 6 or more units are permitted and where mixed use development
is allowed; and
WHEREAS, co -living housing provides affordable, market -rate rental options for
individuals with moderate to low incomes, seniors, and others seeking community -oriented
living arrangements; and
WHEREAS, the City of Port Orchard recognizes the need to expand housing options and
comply with state law by amending its development regulations accordingly; and
WHEREAS, the City of Port Orchard issued a SEPA Determination of Nonsignificance
(DNS) on October 8, 2025, pursuant to Chapter 43.21C RCW and WAC 197-11, finding that the
proposed amendments would not have a probable significant adverse impact on the
environment and this ordinance is not subject to challenge under SEPA per RCW
36.70A.535(10); and
WHEREAS, the Port Orchard Planning Commission reviewed the proposed amendments
to the Port Orchard Municipal Code at its regularly scheduled meeting on October 7, 2025; and
WHEREAS, the Port Orchard City Council Land Use Committee reviewed the proposed
amendments to the Port Orchard Municipal Code at its regularly scheduled Work Study
meeting on October 15, 2025; and
WHEREAS, the Port Orchard City Council reviewed the proposed amendments to the
Port Orchard Municipal Code at its regularly scheduled Work Study meeting on October 21,
2025; and
WHEREAS, on October 21, 2025, a Notice of Hearing was published in the City's newspaper
of record, advertising a public hearing to be held by the Planning Commission on the proposed
Port Orchard Municipal Code amendments, and the notice was provided to the public, agencies
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Ordinance No. ***
Page 2 of 4
and other interested parties in accordance with the requirements of POMC Chapter 20.04.080;
and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 4,
2025, to receive public comment and consider the proposed amendments, and subsequently
recommended approval to the City Council; and
WHEREAS, the City did/ did not receive comments regarding the proposal; and
WHEREAS, the City transmitted the proposed amendments to the Washington State
Department of Commerce on October 8, 2025, for expedited review in accordance with RCW
36.70A.106; and
WHEREAS, the required state agency review period has now passed, and no comments
or objections were received that would preclude adoption of the proposed amendments;
WHEREAS, on November 28, 2025, the City Council considered all public testimony
received, considered the Planning Commission's recommendation and finds that it is in the public
interest to adopt the proposed amendments to the Port Orchard Municipal Code; NOW,
THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council hereby adopts the above recitals as findings in support
of this Ordinance.
SECTION 2. As additional findings and conclusions in support of this Ordinance, the
City Council finds that the amendments adopted by this Ordinance are consistent with the goals
and policies of the City's adopted 2024 Comprehensive Plan and are consistent with the state
Growth Management Act and other applicable law.
SECTION 3. The City Council finds that the amendments adopted by this Ordinance will
not, individually or cumulatively, result in adverse effects to the public health, safety or welfare.
SECTION 4. The City Council finds that no adverse impacts to the environment are
anticipated to result from the amendments adopted by this Ordinance.
SECTION 5. Chapter 20.12 of the Port Orchard Municipal Code entitled "Definitions"
is hereby amended to read as shown on Exhibit "A" to this Ordinance.
SECTION 6. Section 20.32.010 of the Port Orchard Municipal Code entitled "Building
Type Descriptions" is hereby amended to read as shown on Exhibit "B" to this Ordinance.
SECTION 7. Section 20.39.040 of the Port Orchard Municipal Code entitled "Use Table"
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Ordinance No. ***
Page 3 of 4
is hereby amended to read as shown on Exhibit "C" to this Ordinance.
SECTION 8. Sections 20.39.100 and 20.39.110 of the Port Orchard Municipal Code
entitled "Household living" and "Group living", respectively, are hereby amended to read as
shown on Exhibit "D" to this Ordinance.
SECTION 9. A new Section 20.39.115 entitled "Co -living" is hereby added to the Port
Orchard Municipal Code to read as shown on Exhibit "E" to this Ordinance.
SECTION 10. Section 20.124.140 of the Port Orchard Municipal Code entitled "Parking
quantities" is hereby revised as shown on Exhibit "F" to this Ordinance.
SECTION 11. Severability. If any sentence, section, provision, or clause of this
Ordinance or its application to any person, entity or circumstance is for any reason held invalid
or unconstitutional, the remainder of the Ordinance, or the application of the provision to
other persons, entities, or circumstances is not affected.
SECTION 12. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this Ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, Ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 13. Publication and Effective Date. This Ordinance shall be in full force and
effect five (5) days after posting and publication as required by law. A summary of this
Ordinance may be published in lieu of the entire Ordinance, as authorized by state law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of November 2025.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
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Ordinance No. ***
Page 4 of 4
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
ATTACHMENTS:
Jay Rosapepe, Councilmember
Exhibit "A" Section 20.12 of the Port Orchard Municipal Code entitled "Definitions"
Exhibit "B" Section 20.32.010 of the Port Orchard Municipal Code entitled "Building
Type Descriptions"
Exhibit "C" Section 20.39.040 of the Port Orchard Municipal Code entitled "Use Table"
Exhibit "D" Sections 20.39.100 and 20.39.110 of the Port Orchard Municipal Code
entitled "Household living" and "Group living"
Exhibit "E" Section 20.39.115 of the Port Orchard Municipal Code entitled "Co -living"
Exhibit "F" Section 20.124.140 of the Port Orchard Municipal Code entitled "Parking
quantities"
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Exhibit A
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Chapter 20.12
DEFINITIONS
Sections:
20.12.010 Definitions.
20.12.020 A -Definitions.
20.12.030 B- Definitions
20.12.040 C - Definitions.
20.12.120
K -Definitions.
20.12.130
L -Definitions.
20.12.140
M -Definitions.
20.12.150
N -Definitions.
2O-12.160
20.12.170
O -Definitions.
P -Definitions.
20.12.180
O -Definitions.
20.12.190
20.12.200
R -Definitions.
S -Definitions.
20.12.210
T -Definitions.
20.12.220
U -Definitions.
20.12.230
V -Definitions.
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20.12.240 W -Definitions.
20.12.250 X -Definitions.
20.12.260 Y -Definitions.
20.12.090 Z -Definitions.
20.12.010 Definitions.
The definitions in this chapter shall apply to this title unless a specific definition is set forth
in a subsequent section, chapter, or subtitle in which case that definition shall apply but be
limited to that section, chapter, or subtitle as specified therein. Words that are not defined
in the code shall have their common meaning as applied and interpreted by the director.
20.12.020 A -Definitions
"Accessible electric vehicle charging station" means an electric vehicle charging station
where the battery charging station equipment is located within accessible reach of a
barrier -free access aisle (minimum 44 -inch width) and the electric vehicle.
"Accessory building" means any building of which the form and use are subordinate in both
purpose and size, incidental to and customarily associated with a principal permitted
building and use located on the same lot. Also see POMC 20.39.010 and Article VII,
Accessory Uses, of Chapter 20.39 POMC.
"Accessory dwelling unit" means a separate, complete dwelling unit attached to or
contained within the structure of the primary use or a detached single-family residential
dwelling unit (accessory apartment), or contained within a separate structure that is
accessory to the primary use or detached single-family dwelling unit (backyard cottage) on
the premises. Also see POMC 20.39.600.
"Adequate public facilities" means facilities which have the capacity to serve development
without decreasing levels of service below locally established minimums. (WAC 365-196-
210(3).)
"Administrative design review" means a development permit process whereby an
application is reviewed, approved, or denied by the planning director or the planning
director's designee based solely on objective design and development standards without a
public predecision hearing, unless such review is otherwise required by state or federal
law, or the structure is a designated landmark or historic district established under a local
preservation ordinance. The city may utilize public meetings, hearings, or voluntary review
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boards to consider, recommend, or approve requests for variances from locally
established design review standards.
"Aggrieved person" means:
(1) The applicant and the owner of property to which the land use decision is
directed; or
(2) Another person aggrieved or adversely affected by the land use decision, or who
would be aggrieved or adversely affected by a reversal or modification of the land
use decision. A person is aggrieved or adversely affected within the meaning of this
section only when all of the following conditions are present:
(a) The land use decision has prejudiced or is likely to prejudice that person;
(b) That person's asserted interests are among those that the local
jurisdiction was required to consider when it made the land use decision;
(c) Ajudgment in favor of that person would substantially eliminate or
redress the prejudice to that person caused or likely to be caused by the land
use decision; and
(d) The petitioner has exhausted their administrative remedies to the extent
required by law.
"Agricultural processing" means preparing harvested crops or products of animal or
poultry husbandry for marketing, transportation or further processing. Also see POMC
20.39.500.
"Agricultural products" means items resulting from the practice of agriculture, including
crops such as flowers, fruits, vegetables, grains, seed, feed, and plants, or animal products
such as eggs, milk, and meat, or animal byproducts such as fertilizer. Also see POMC
20.39.500.
"Alley" means a public or private access way, either unimproved or improved, which
provides a secondary means of vehicular access to abutting property. Alley width shall be
considered the distance between the alley right-of-way lines.
"Alteration" means a change or rearrangement of the structural parts or exit facilities, or an
enlargement by extending the sides or increasing the height or depth, or the moving from
one location to another.
"Animal — Small" means animals, other than livestock or animals considered predatory or
wild, which are kept outside a dwelling unit all or part of the time. Animals considered
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predatory or wild shall be considered small animals when they are taken into captivity for
the purposes of breeding, domestication, training, hunting or exhibition.
"Appeal" means to seek review of a decision or determination from a higher authority. An
appeal may be from a staff decision or determination to the examiner; or from an examiner
decision to the city council; or from a city council decision to the superior court or other
court of competent jurisdiction; however, some permit processes follow different appeal
procedures, which procedures are set forth in the corresponding chapter.
"Applicant" means the owner of land proposed for land development or use or its
representative who shall have express written authority to act on behalf of the owner.
Written consent shall be required from the legal owner of the property.
"Arborist" means an individual trained in the art and science of planting, caring for, and
maintaining individual trees, and who is currently certified by the International Society of
Arboriculture.
"Available public facilities" means that public facilities are in place, or a financial
commitment has been made to provide the facilities concurrent with development. For the
purposes of transportation facilities, "concurrent with development" means that the
improvements or strategies are in place at the time of development or that a financial
commitment is in place to complete the improvements or strategies within six years. (RCW
36.70A.070(6)(b).)
"Awning" means an architectural projection for a building that is wholly supported by the
building to which it is attached and comprised of a lightweight rigid skeleton structure over
which a covering is attached.
20.12.030 B- Definitions.
"Battery charging station" means an electrical component assembly or cluster of
component assemblies designed specifically to charge batteries within electric vehicles,
which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28
RCW and consistent with rules adopted under RCW 19.27.540.
"Battery electric vehicle (BEV)" means any vehicle that operates exclusively on electrical
energy from an off -board source that is stored in the vehicle's batteries, and produces zero
tailpipe emissions or pollution when stationary or operating.
"Binding site plan" means a drawing to scale which: (1) identifies and shows the areas and
locations of all streets, roads, improvements, utilities, open spaces, and any other matters
identified in Chapter 20.94 POMC; (2) contains inscriptions or attachments setting forth
such appropriate limitations and conditions for the use of the land as are established by
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the decision -maker with authority to approve the site plan; and (3) contains provisions
making any development be in conformity with the site plan.
"Biologist" means a person who has a minimum of a bachelor of science degree in
biological sciences or a related field from an accredited college or university and two or
more years of experience; or a person who has five or more years of experience as a
practicing biologist.
"Block" is a group of lots, tracts or parcels within well-defined and fixed boundaries.
"Board" means the design review board (DRB), which makes recommendations to the
development director or designee. Also see Chapter 2.78 POMC.
"Bond" means a form of security provided by a bonding company in an amount and form
satisfactory to the city attorney, intended to ensure that required improvements are
installed and/or maintained, and/or to otherwise guarantee compliance with applicable
provisions of this title.
"Boundary line adjustment" means a division made for the purpose of alteration by
adjusting boundary lines, between platted or unplatted lots or both, which does not create
any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or
division which contains insufficient area and dimensions to meet minimum requirements
for width and area for a buildable lot pursuant to this title.
"Brushing" means an allowed practice of removing ground cover, shrubs and vegetation
not defined as a tree to create better visibility on a site for purposes of public safety,
surveying or marketing.
"Buffer" means a nonclearing native vegetation area which is intended to protect the
functions and values of critical areas.
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy.
"Building area" means the area included within the surrounding interior walls of a building
or portion thereof, exclusive of courts.
"Building envelope" means the area of a lot that delineates the limits of where a building
may be placed on the lot.
"Building facade" means that portion of any exterior elevation of a building extending from
the grade of the building to the top of the parapet wall or eaves for the entire width of the
building elevation.
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"Building height" means, except when otherwise specified in this code, the vertical
distance from grade plane to the average height of the highest roof surface.
"Building official" means the city employee designated as the building official, or the
consultant to the city who has been designated by contract as the building official.
"Building permit" means the permit required for new construction and additions pursuant
to the city's adopted building code. The term "building permit," as used herein, shall not be
deemed to include: permits required for temporary dwellings; or permits required for
remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a
damaged or destroyed structure, provided there is no increase in the applicable unit of
measure (for nonresidential construction) or number of dwelling units (for residential
construction) resulting therefrom.
"Building site" means the physical portion of the real property upon which the structures
are situated within one lot, and which portion of the lot satisfies the applicable zoning code
standards for physical placement, lot coverage, construction of structures, critical areas
buffers and setbacks, and all other location and dimensional requirements for the
structures.
"Business or occupation of outdoor advertising" shall mean the business of renting or
selling space by the owner of any billboard or outdoor advertising structure to any other
party for valuable consideration.
20.12.040 C - Definitions.
"Caliper" means the diameter of a tree trunk, applied onlyto new or replacement nursery -
grown trees, measured six inches above the ground for up to and including four -inch caliper
size trees and 12 inches above the ground for larger size trees.
"Campground" means an area of land on which accommodations for temporary
occupancy, such as tents or recreational vehicles without hook-up facilities, are permitted
and which is used primarily for recreational purposes on an extended basis over a season
or year-round and/or as a commercial activity. Also see POMC 20.39.340.
"Capital facilities" means the facilities or improvements included in a capital facilities
plan.
"Capital facilities plan" means the capital facilities plan element of the city's
comprehensive plan adopted pursuant to Chapter 36.70A RCW, and any amendments to
the plan, which may include by reference a capital facilities plan of the school district
within the city.
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"Charging level" means the standardized indicators of electrical force, or voltage, at which
an electric vehicle's battery is recharged. Levels 1, 2, and 3 are defined by the electrical
output, per the following specifications:
(1) Level 1. Voltage including the range from zero through 120.
(2) Level 2. Voltage is greater than 120 and includes 240.
(3) Level 3. Voltage is greater than 240 and is considered fast or rapid charging.
"City" means the city of Port Orchard, Washington.
"City clerk" means the city employee appointed to that position in accordance with the
provisions of POMC Title .
"City council" means the city council of the city of Port Orchard, Washington.
"City engineer" means the city employee appointed to that position in accordance with the
provisions of POMC Title .
"Clearing" or "land clearing," for purposes of this title, means the direct and indirect
removal of trees, including topping and limbing, and the destruction, disturbance or
removal of other vegetation from any public or private undeveloped, partially developed, or
developed lot, public lands, public right-of-way, or utility easement by physical, chemical,
or other means. This shall also include any destructive or inappropriate activity applied to a
tree or other vegetation that will result in its death or effectively destroy the functionality.
"Clearing" shall not include landscape maintenance, brushing, or pruning consistent with
accepted horticultural practices which does not impair the health, survival or function of
trees or other vegetation. Any proposed activities within a critical area or buffer require
compliance with Chapter 20.162 POMC.
"Closed record appeal" means an administrative appeal that is heard by the hearing
examiner. See POMC 2.76.150.
"Closed record appeal hearing" means a hearing held pursuant to POMC 2.76.150.
"Closed record public hearing" means a public hearing before the city council following an
open record hearing, in which no new evidence is considered or allowed. Oral argument
shall be permitted in favor or against the recommendation of the hearing examiner;
however, such oral arguments shall be strictly limited in accordance with this provision.
"Co -living" means a residential development with sleeping units that are independently
rented or owned and lockable and provide living and sleeping space with residents sharing
kitchen facilities with other sleeping units in the building
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"Commission" means the planning commission of the city of Port Orchard, Washington.
"Common ownership" means ownership by the same person, corporation, firm, entity,
partnership or unincorporated association, or ownership by different corporations, firms,
partnerships, entities or unincorporated associations, in which a stockbroker, partner or
associate, or a member of their family owns an interest in each corporation, firm,
partnership, entity or unincorporated association.
"Community residential facility (CRF)" means living quarters meeting applicable federal
and state standards that function as a single housekeeping unit and provide supportive
services for a group of individuals comprising more than a family (eight or more individuals
excluding staff), including but not limited to counseling, rehabilitation, and medical
supervision, including drug and alcohol detoxification but excluding prisoner release
participants.
"Community residential facility (CRF) — Prisoner release" means living quarters meeting
applicable federal and state standards that function as a single housekeeping unit and
provide supportive services for a group of individuals comprising more than a family (eight
or more individuals excluding staff), including but not limited to counseling, rehabilitation,
and medical supervision, excluding drug and alcohol detoxification, specifically for
prisoner release participants and programs such as halfway houses.
"Comprehensive plan" or "comprehensive land use plan" means the plan adopted in
Chapter POMC, pursuant to Chapter 36.701 RCW.
"Concurrency" or "concurrent with development" means that adequate public facilities are
available when the impacts of development occur, or within a specified time thereafter.
This definition includes the concept of "adequate public facilities" as defined above. For
the purposes of transportation facilities, concurrent with development means that
strategies or improvements are in place at the time of development or that a financial
commitment is in place to complete the improvements or strategies within six years. (RCW
36.70A.07. (6)(b).)
"Congregate care facility" means a residential care facility that provides housing. meals.
and assistance with daily living iving activities for elderly or disabled individuals who do not
require 24 -hour medical care. These facilities offer a communal living environment that
promotes socialization and independence while also providing necessary support services.
Residents typically have their own private rooms or apartments and share common areas
such as dining rooms. living rooms. and recreational spaces. Staff members are available
to provide assistance with activities of daily living such as bathing, dressing, and
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medication management. Adult Congregate Living Facilities may also offer transportation
services, housekeeping. and laundry services.
"Congregate living facilities" means a building or part thereof that contains sleeping units
where non -transient residents share bathroom or kitchen facilities, or both. "Nontransient"
with respect to congregate living facility use means occupancy of a sleeping unit for not
less than 30 days at a time. Congregate living facilities shall be located in a countywide
center as designated in the city's comprehensive plan, shall be in a location that is within a
one -quarter -mile radius of a transit route or that is served by demand -responsive transit
service, shall have 24 -hour resident management with responsibility for the operations and
maintenance of the facility, and shall not provide medical care or social welfare services on
sit
"Consistency" means that no feature of a plan or regulation is incompatible with any other
feature of a plan or regulation. Consistency is indicative of a capacity for orderly integration
or operation with other elements in a system.
"Construction — New" means structures for which the start of construction commenced on
or after the effective date of the ordinance codified in this title and preceding ordinances.
"Cottage housing" means residential units on a lot with a common open space that either:
(1) is owned in common; or (2) has units owned as condominium units with property owned
in common and a minimum of 20 percent of the lot size as open space.
Council. See "City council."
"Courtyard" or "court" means a space, open and unobstructed to the sky, located at or
about grade level on a lot and bounded on three or more sides by the walls of a building.
"Courtyard apartments" means up to four attached dwelling units arranged on two or three
sides of a yard or court.
"Coverage - Lot" means the percentage of the area of a lot or parent lot that is built upon or
covered over with impervious materials.
"Critical areas" means any of those areas in the city which are subject to natural hazards or
those lands with features which support unique, fragile, or valuable natural resources,
including fish, wildlife, and other organisms and their habitat and such resources which in
their natural state carry, hold or purify water.
"Critical areas" means those areas identified as:
(1) Wetlands;
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(2) Areas with a critical recharging effect on aquifers used for potable water;
(3) Fish and wildlife habitat conservation areas;
(4) Geologically hazardous areas; and
(5) Frequently flooded areas.
"Critical facilities" means those facilities necessary to protect the public health, safety and
welfare. These facilities include but are not limited to schools, hospitals, police stations,
fire departments and other emergency response facilities, and nursing homes. Critical
facilities also include sites of hazardous material storage or production.
"Critical root zone" means the area where the tree's roots are located and is the area
surrounding a tree measured at a radial distance from the trunk equal to one foot for every
one -inch diameter of tree.
"Cul-de-sac" means a road closed at one end by a circular area of sufficient size for turning
large emergency response vehicles.
20.12.050 D - Definitions.
"DBH" means diameter at breast height. DBH is a tree's diameter in inches at four and one-
half feet above the ground at the lowest point surrounding the trunk, and is used to
measure existing trees on a site. On multi -stemmed or multi-trunked trees, the diameter
shall be the diameter equivalent to the sum of trunk areas measured at DBH.
"Dedication" means the deliberate appropriation of land or rights in land by its owner for
any general and public use, reserving to themself no other rights than such as are
compatible with the full exercise and enjoyment of the public use to which the property has
been devoted. The intention to dedicate shall be evidenced by deed, or other instrument of
conveyance, or by dedication on a duly filed and recorded plat (or short plat). Dedications
by short plat may require city council acceptance.
"Department" means the city of Port Orchard, Washington, department of community
development or its successor agency, unless otherwise specified.
Design Review Board. See "Board."
"Designated accessible space" means an accessible parking space required byWAC 51-
50-005 and designated for the exclusive use of parking vehicles with a state disabled
parking permit.
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"Detention facilities" means stormwaterfacilities designed to store runoff while gradually
releasing it at a predetermined controlled rate. "Detention facilities" shall include all
appurtenances associated with their designed functions, maintenance and security.
"Developer" means the person or entity that owns or has development control over
property for which development activity is proposed.
"Development activity" or "development" means any construction or expansion of a
building, structure, or use; any change in the use of a building or structure; or any changes
in the use of the land that creates additional demand for public facilities (such as a change
which results in an increase in the number of vehicle trips to and from the property,
building or structure) and requires a development permit from the city. (RCW 82.02.090(1).)
"Development agreement" means the agreements authorized in RCW 36.70B.170.
"Development approval" means any written authorization from the city that authorizes the
commencement of a development activity.
"Development approval authority" means the city official or tribunal having code authority
to approve a development.
"Development site" means the legal boundaries of the parcel or parcels of land for which
an applicant has or should have applied for authority from the city to carry out a
development activity.
"Director" or "development director" means the community development director of the
city of Port Orchard or their duly authorized designee, or as otherwise indicated in this title.
"Dock" means a floating or fixed platform used as a landing place for marine transport or
for recreational purposes and attached to the shore or a fixed pier by a loosely coupled
ramp.
"Domestic water system" means any system providing a supply of potable water which is
deemed adequate pursuant to RCW 19.27.097 for the intended use of the development.
"Downtown marquee" means the marquee located at the 700 and 800 blocks of Bay Street
and adjacent streets and which was constructed with funds from LID No. 65.
"Drip line" of a tree means an imaginary line on the ground created by the horizontal
projection of the foliage at its greatest circumference.
"Duplex" means a residential building with two attached dwelling units.
"Dwelling unit" means one or more rooms designed for occupancy by a person or family for
living and sleeping purposes, containing kitchen facilities, lavatory, and closet, and rooms
11119443.3 - 366922 - 0021
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with internal accessibility, for use solely by the dwelling's occupant, including but not
limited to bachelor, efficiency, and studio apartments, and modular and manufactured
homes.
20.12.060 E - Definitions.
"Easement" means a right granted by the owner of land to another party for specific limited
use of that land.
"Electric scooters and motorcycles" means any two -wheel vehicle that operates
exclusively on electrical energy from an off -board source that is stored in the vehicle's
batteries and produces zero emissions or pollution when stationary or operating.
"Electric vehicle" means any vehicle that operates, either partially or exclusively, on
electrical energy from the grid, or an off -board source, that is stored on -board for motive
purpose. "Electric vehicle" includes: (1) a battery electric vehicle; (2) a plug-in hybrid
electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium -speed electric
vehicle.
"Electric vehicle charging station" means a public or private parking space that is served by
battery charging station equipment and that has as its primary purpose the transfer of
electric energy (by conductive or inductive means) to a battery or other energy storage
device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or
Level 2 charging equipment is permitted outright as an accessory use to any principal use.
"Electric vehicle charging station — Public" means an electric vehicle charging station that
is: (1) publicly owned and publicly available (e.g., park and ride parking, public library
parking lot, on -street parking); or (2) privately owned and publicly available (e.g., shopping
center parking, nonreserved parking in multifamily parking lots).
"Electric vehicle charging station — Restricted" means an electric vehicle charging station
that is: (1) privately owned and restricted access (e.g., single-family home, executive
parking, designated employee parking); or (2) publicly owned and restricted (e.g., fleet
parking with no access to the general public).
"Electric vehicle infrastructure" means structures, machinery, and equipment necessary
and integral to support an electric vehicle, including battery charging stations, rapid
charging stations, and battery exchange stations.
"Electric vehicle parking space" means any marked parking space that identifies the use to
be exclusively for the parking of an electric vehicle due to the presence of electric vehicle
charging equipment.
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"Enhancement" means an action or actions performed to improve the condition of an
existing degraded critical area (e.g., wetlands or streams) such that the functions or values
are of a higher quality; provided, that this activity does not significantly degrade another
existing function or value.
"Equipment — Heavy" means high -capacity mechanical devices for moving earth or other
materials, and mobile power units including, but not limited to:
(1) Carryalls;
(2) Graders;
(3) Loading and unloading devices;
(4) Cranes;
(5) Drag lines;
(6) Trench diggers;
(7) Tractors;
(8) Augers;
(9) Bulldozers;
(10) Concrete mixers and conveyers;
(11) Harvesters;
(12) Combines; or
(13) Other major agricultural equipment and similar devices operated by
mechanical power as distinguished from manpower.
"Equipment — Light" means such construction machinery as chainsaws, wheelbarrows,
posthole diggers and all handheld tools.
"Erosion" means the process whereby the land surface is worn away by the action of water,
wind, ice or other geologic agents, by processes such as gravitational creep or events such
as landslides caused by natural or manmade impacts.
"Escrow" means a deposit of cash with the city or escrow agent, pursuant to a written
agreement, in order to secure the promise to perform some act.
"Evergreen" means a plant species with foliage that persists and remains green year-round.
Examiner. See "Hearing examiner."
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"External buffer" means a naturally vegetated area or vegetated area along the exterior
boundaries of an entire development processed in accordance with a subdivision
application, which is landscaped and maintained as open space in order to eliminate or
minimize conflicts between such development and adjacent land uses.
20.12.070 F- Definitions.
"Facade" means the entire building front or street wall face, including grade, to the top of
the parapet or eaves and the entire width of the building elevation.
"Family" means any number of persons related by blood, marriage or legal adoption and
including foster children and exchange students living together as a single housekeeping
unit. "Family" also means the following when living together as a single, not -for-profit
housekeeping unit:
(1) A group of not more than four related and unrelated adults and their related
minor children, but not to exceed a total of eight related and unrelated persons; or
(2) Not more than eight disabled persons, whether adults or minors, living together
in a consensual residential living arrangement, but not to exceed a total of eight
persons; or
(3) State licensed adult family homes as defined by RCW 70.128.010; or
(4) State licensed foster family homes and group care facilities as defined in RCW
74.15.020.
For the purposes of this definition, an adult is a person 18 years of age or older, and a minor
child is a person under the age of 18 years.
"Fee" or "filing fee" means the fee for filing an application, as said fee is established
annually by resolution of the city council. Unless otherwise indicated, all fees must be paid
at the time the application is submitted to the city.
"Fence" means a barrier for the purpose of enclosing space or separating lots, composed
of: wood, metal or concrete posts connected by boards, rails, panels, wire, mesh, masonry,
or concrete, excluding retaining walls.
Final Plat. See "Plat — Final plat."
"Financial commitment" means those sources of public or private funds or combinations
thereof that have been identified as sufficient to finance public facilities necessary to
support development and that there is reasonable assurance that such funds will be timely
put to that end.
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"Fiveplex" means a residential building with five attached dwelling units.
"Floor— Ground" means the ground floor of a building defined as the three-dimensional
interior building space which sits immediately above the basement, crawl space, or floor
slab and below the ceiling or joists supporting a roof or second floor and which is nearest in
floor elevation to the lowest street elevation located adjacent to the parcel on which the
building is located. This includes any loft space.
"Floor — Lowest" means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than basement area, is not considered a building's
lowest floor; provided, that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of this code.
"Floor — Second" means the second floor defined as the three-dimensional interior building
space which sits above the ground floor and which is not a loft.
"Forest land" means land devoted primarily to growing and harvesting forest and timber
products and designated as a forest production district.
"Forest practice" means any activity conducted on or directly pertaining to forest land and
relating to growing, harvesting, or processing timber, or removing forest biomass, including
but not limited to:
(1) Activities in and over typed water;
(2) Road and trail construction;
(3) Harvesting, final and intermediate;
(4) Precommercial thinning;
(5) Reforestation;
(6) Fertilization;
(7) Prevention and suppression of diseases and insects;
(8) Salvage of trees; and
(9) Brush control.
"Forest practice" does not include: forest species seed orchard operations and intensive
forest nursery operations; or preparatory work such as tree marking, surveying and road
flagging; or removal or harvest of incidental vegetation from forest lands such as berries,
11119443.3 - 366922 - 0021
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ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally
be expected to result in damage to forest soils, timber or public resources.
"Fourplex" means a residential building with four attached dwelling units.
20.12.080 G -Definitions.
"Geologist" means a person who has a bachelor of science degree in geologic sciences
from an accredited college or university and has a minimum of four years' experience in soil
or slope evaluation under the direct supervision of a practicing geologist or licensed
geotechnical engineer.
"Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a
professional civil engineer with the state of Washington, with professional training and
experience in geotechnical engineering, including at least four years' professional
experience in evaluating geologically hazardous areas.
"Golf facility" means a recreationalfacility, under public or private ownership, designed
and developed for uses including, but not limited to:
(1) Golf course;
(2) Driving range;
(3) Pro shops;
(4) Caddyshack buildings;
(5) Restaurants;
(6) Office and meeting rooms; and
(7) Related storage facilities.
"Grade plane" means a reference plane representing the average of the finished ground
level adjoining the building at its exterior walls. Under conditions where the finished ground
level slopes significantly away from the exterior walls, that reference plane is established
by the lowest points of elevation of the finished surface of the ground within an area
between the building and lot line, or where the lot line is more than six feet (1,829 mm) from
the building, between the building and a line six feet (1,829 mm) from the building.
"Grading" means any excavating, filling, grubbing, recontouring or removal of earth
materials on the surface layer, or any combination thereof.
"Grazing area" means any open land area used to pasture livestock in which forage is
maintained at an average height of three inches over 80 percent of the area.
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"Gross floor area" (GFA) means the sum of the gross horizontal areas of all floors of a
building measured from the exterior faces of the exterior walls, or from the centerline of
walls separating two buildings. The gross floor area of a building shall include basement
floor area when one-half or more of the basement height is above natural grade for more
than 50 percent of the total perimeter. The gross floor area shall also include elevator
shafts and stairwells to each floor, penthouses, attic space having headroom clearances
that meet building code minimum ceiling heights, interior balconies and mezzanines,
enclosed porches, floor area devoted to accessory uses, and floor space used for
mechanical equipment, except equipment located on the roof, unless otherwise specified
in this title. In determining the gross floor area of an individual use within a multiple tenant
building, the gross floor area is the sum of the gross horizontal areas measured from the
interior faces of the interior walls of the space occupied by the use.
"Ground cover" means any living plant material normally terrestrial, growing low to the
ground, or other small trees less than four inches at DBH and not defined as a tree, all of
which are intended to stabilize soils and protect against erosion.
"Growth Management Act— GMA" means the Washington State Growth Management Act
(GMA), Chapter 17, Law of 1990, First Extended Session, Chapter 36.70A RCW et seq., and
Chapter 32 Laws of 1991, First Special Session, RCW 82.02.050 et seq., as now in
existence or hereafter amended.
"Grubbing" means the removal of vegetative matter from underground, such as sod,
stumps, roots, buried logs, or other debris, and shall include the incidental removal of
topsoil to a depth not exceeding 12 inches.
20.12.090 H -Definitions.
"Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof.
"Healthy soil" means soil that is of good quality, with the capacity to sustain plant, animal,
and human life by providing nutrients, air and water space to infiltrate, pollutant absorption
and filtering, and habitat.
"Hearing examiner" means a person appointed to hear or review certain land use decisions
pursuant to Article XI, Section 11 of the Washington State Constitution, Chapters 35.63 and
58.17 RCW, and Chapter 2.76 POMC.
"High intensity nonresidential use" means manufacturing/industrial (Chapter 20.36 POMC)
land uses and any commercial or mixed use (Chapter 20.35 POMC), civic or institutional
(POMC 20.37.010), or public facilities (POMC 20.37.030) land use with over 120,000 square
feet gross floor area. Also see POMC 20.39.400 and 20.39.410.
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"Hospital" means an establishment primarily engaged in providing diagnostic services,
extensive medical treatment including surgical services, and other hospital services, as
well as continuous nursing services. A hospital has an organized medical staff, inpatient
beds, and equipment and facilities to provide complete health care. "Hospital" does not
include convalescent homes. Also see POMC 20.39.325.
20.12.100 I -Definitions.
"Impact" means any additional demand and need for public facilities or services that is
reasonably related to the proposed development.
"Impact fee" means the amount of money determined necessary by the city or the school
district and imposed upon new development activity as a condition of development
approval or permitting to pay for public facilities needed to serve new growth and
development, and that is reasonably related to the new development that creates the
additional demand and need for public facilities, that is a proportionate share of the cost of
the public facilities and that is used for facilities that reasonably benefit the new
development. "Impact fee" does not include a reasonable permit or application fee. (ROW
82.02.090(3).)
"Impervious surface" means a nonvegetated or compacted surface area that either
prevents or retards the entry of water into the soil mantle as it entered under natural
conditions preexistent to development, or a nonvegetated or compacted surface area
which causes water to run off the surface in greater quantities or at an increased rate of
flow from that present under natural conditions preexistent to development. Common
impervious surfaces include, but are not limited to, roof tops, concrete or asphalt paving,
paved walkways, patios, compacted gravel, driveways, parking lots and storage areas,
packed earthen materials, and oiled, macadam, or other surfaces which similarly impede
the natural infiltration of surface water.
"Indoor emergency housing" means temporary indoor accommodations for individuals or
families who are homeless or at imminent risk of becoming homeless that are intended to
address the basic health, food, clothing, and personal hygiene needs of individuals or
families. Indoor emergency housing may or may not require occupants to enter into a lease
or occupancy agreement.
"Indoor emergency shelter" means a facility that provides a temporary indoor shelter for
individuals or families who are currently homeless. An indoor emergency shelter may not
require occupants to enter into a lease or an occupancy agreement. Indoor emergency
shelter facilities may include day and warming centers that do not provide overnight
accommodations.
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20.12.110 J -Definitions.
Reserved.
20.12.120 K -Definitions.
"Kitchenette" means a room or part of a room which is used. intended, or designed to be
used for basic food preparation, with a sink and at least one 120v electrical outlet.
"Kitchen" means a room or part of a room which is used, intended, or designed to be used
for preparing food. The kitchen includes facilities, or utility hookups for facilities, sufficient
to rreepare, cook. and store food. and wash dishes. including, at a minimum. countertop
kitchen -style sink, space and utilities sufficient for a gas or 2201240v electric stove and
oven, and a refrigerator.
20.12.130 L -Definitions.
"Landscape architect" means an individual currently licensed by the state of Washington
as a landscape architect.
"Landscaping" means an area devoted to or developed and maintained predominantly
with native or nonnative plant materials, including lawn, ground cover, trees, shrubs, and
other plant materials; and also including accessory decorative outdoor landscape
elements such as ornamental pools, fountains, paved or decorated surfaces (excluding
driveways, parking, loading, or storage areas), and sculptural elements.
"Landslide" means episodic down -slope movement of a mass of soil or rock, including
snow avalanches.
"Level of service" means an established minimum capacity of public facilities or services
that must be provided per unit of demand or other appropriate measure of need.
"Livestock" means grazing animals kept either in open fields or structures for training,
boarding, home use, sales, or breeding, and production, including but not limited to cattle,
riding and draft horses, hogs, sheep, and goats.
"Loading space" means a space for the temporary parking of a vehicle while loading or
unloading cargo or passengers.
"Loft" means an upper interior space of a building, typically consisting of an open
unpartitioned floor area that is accessible from the ground floor and that is below the
second floor or roof.
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Long Subdivision. See "Subdivision."
"Lot" means a fractional part of legally divided lands having fixed boundaries, being of
sufficient area and dimension to meet minimum zoning requirements for width and area.
The term shall include tracts or parcels. For purposes of this code, adjoining lots under
common ownership, which were created without subdivision or short subdivision approval
from applicable city or county governments, shall be considered as one lot and subject to
the regulations contained herein. The terms of this section shall apply regardless of
whether the individual adjoining lot meets current zoning requirements.
"Lot — Corner lot" means a lot that has frontage on more than one intersecting street. A
street that curves with angles of 120 degrees or less, measured from the center line of the
street, is considered two intersecting streets for the purpose of evaluating whether a lot is a
corner lot. See Figures below.
Corner Lots
Lot / Lot
Lot ICormer Corder[ Lot
---------a' i i Lat Lai o i
+51
Lot ` Corner Lot
treat
Cerrtarliec H2O i i i i
street A or I Lat I Garner Corner [ Lot
Lot Lot r
"Lot — Flag lot" means an irregular lot with two distinct parts:
(1) The flag, which is the only building site; and is located behind another lot; and
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(2) The pole, which connects the flag to the street; provides the only street frontage
for the lot; and at any point is less than the minimum lot width for the zone.
"Lot — Interior lot" means a lot that has frontage on one street only.
"Lot —Irregular lot" means a lot that is shaped so that application of setback requirements
is difficult. Examples include a lot with a shape that is not close to rectangular, or a lot with
no readily identifiable rear lot line, or a flag lot.
Lot Lines on Irregular Lots
REAR LOT LINT:
[ill'I , I 'ip �r
�r % I m I �!U
I fRONTIOT1J
STREET
"Lot — Parent" means a legal lot which establishes the exterior boundary of a unit lot
subdivision.
"Lot — Through" means a lot having frontage on two parallel or approximately parallel
streets.
"Lot — Unit" means a portion of a parent lot, the fee of which may be independently
transferred upon recording of a unit lot subdivision.
"Lot — Zoned predominantly for residential use" means residential zoning districts in
Chapter 20.34 POMC in which residential dwellings are the predominant use. This excludes
lands zoned primarily for commercial, industrial, and/or public uses, even if those zones
allow for the development of detached single-family residences. This also excludes lands
zoned primarily for mixed uses, even if those zones allow for the development of detached
single-family residences, if the zones permit by -right multifamily use and a variety of
commercial uses, including but not limited to retail, services, eating and drinking
establishments, entertainment, recreation, and office uses.
"Lot area — Minimum" means the minimum or smallest amount of total lot area in a single
ownership, expressed in square feet, necessary to satisfy the physical development
standards defined in this code.
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"Lot line — Interior" means a lot line that delineates property boundaries along those
portions of the property which do not abut a street.
"Lot line interior —Zero" means the elimination of one side setback so that a side building
line can be constructed on the lot line. Zero lot lines must be designated on a plat.
"Lot lines" means:
(1) "Lot front line" means a lot line at which vehicular access is off of a public right-
of-way, private street, access easement or tract;
(2) "Lot rear line" means a lot line which is opposite and most distant from the lot
front line. For the purpose of establishing the lot rear line of a triangular or
trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the
following shall apply:
(a) For a triangular- or gore -shaped lot, a line 10 feet in length within the lot
and farthest removed from the lot front line and at right angles to the line
comprising the depth of such lot shall be used as the lot rear line;
(b) In the case of a trapezoidal lot, the rear line of which is not parallel to the
front line, the lot rear line shall be deemed to be a line at right angles to the
line comprising the depth of such lot and drawn through a point bisecting the
recorded lot rear line;
(3) "Lot side line" means any lot boundary line that is not a lot front line or a lot rear
line.
"Low impact development (LID)" means a stormwater and land management strategy that
strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage,
evaporation, and transpiration by emphasizing conservation, use of on -site natural
features, site planning, and distributed stormwater management practices that are
integrated into a project design.
"Low impact development best management practices (LID BMPs)" means distributed
stormwater management practices integrated into a project design that emphasize pre -
disturbance hydrologic processes of infiltration, filtration, storage, evaporation, and
transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens,
permeable pavements, roof downspout controls, dispersion, soil quality and depth,
vegetated roofs, minimum excavation foundations, and water reuse.
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"Low impact development principles" means land management strategies that emphasize
conservation, use of on -site natural features, and site planning to minimize impervious
surfaces, native vegetation loss, and stormwater runoff.
"Low intensity nonresidential use" means a small scale commercial or mixed use (Chapter
20.35 POMC), civic or institutional (POMC 20.37.010), or public facilities (POMC 20.37.030)
land use which does not have outdoor storage along the site edge requiring a landscape
buffer per POMC 20.128.070, and which has less than 25,000 square feet gross floor area.
20.12.140 M -Definitions.
"Major transit stop" means a stop on a high capacity transportation system funded or
expanded under the provisions of Chapter 81.104 RCW, commuter rail stops, stops on rail
or fixed guideway systems, and stops on bus rapid transit routes.
"Marijuana" has the meaning established pursuant to RCW 69.50.101, as currently
adopted or hereafter amended.
"Marijuana business" or "marijuana businesses" means and incorporates all marijuana
uses licensed by the Washington State Liquor and Cannabis Board, including, but not
limited to, marijuana producers, marijuana processors, marijuana retailers, and marijuana
retail outlets, each as separately defined herein.
"Marijuana -infused products" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended.
"Marijuana processor" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended.
"Marijuana producer" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended.
"Marijuana retail outlet" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended, and shall also include marijuana retailers with a
medical marijuana endorsement, as defined herein.
"Marijuana retailer" has the meaning established pursuant to RCW 69.50.101, as currently
adopted or hereafter amended.
"Marijuana retailer with a medical marijuana endorsement" has the meaning established
pursuant to RCW 69.51A.010, as currently adopted or hereafter amended.
Marquee. See "Downtown marquee."
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"Material error" means substantive information upon which a permit decision is based that
is submitted in error or is omitted at the time of permit application.
"Maximum lot coverage" means the maximum percentage in area of a lot that may have a
hard surface constructed thereon.
"May" means optional and permissive, and does not impose a requirement.
"Medical marijuana cooperative" means a cooperative established and registered with the
Washington State Liquor and Cannabis Board pursuant to Chapter 69.51A RCW, and that
may produce and process marijuana for the medical use of its members pursuant to the
regulations under RCW 69.51A.250, as currently adopted or hereafter amended. Also see
POMC 20.39.650.
"Medium -speed electric vehicle" means a self-propelled, electrically powered four -
wheeled motor vehicle, equipped with a roll cage or crush -proof body design, whose speed
attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour
and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500.
"Metes and bounds" means a description of real property which starts at a known point of
beginning and describes the bearings and distances of the lines forming the boundaries of
the property, and is completed when the description returns to the point of beginning.
"Mid -block connection" means a thoroughfare connecting two sides of a residential block,
usually located near the middle of said block and intended for pedestrian and bicycle use.
"Middle housing" means buildings that are compatible in scale, form, and character with
single-family houses and contain two or more attached, stacked, or clustered homes
including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats,
courtyard apartments, and cottage housing.
"Mitigation" or "mitigate" means any action which avoids any negative or adverse impact,
or which ameliorates any such impact.
"Mobile home — Park" means a tract of land developed with individual sites and facilities to
accommodate two or more mobile homes.
"Model home" means a dwelling unit used initially for display purposes, which typifies the
type of units that will be constructed in the subdivision and which will not be permanently
occupied during its use as a model.
"Moderate intensity nonresidential use" means any commercial or mixed use (Chapter
20.35 POMC), civic or institutional (POMC 20.37.010), or public facilities (POMC 20.37.030)
11119443.3 - 366922 - 0021
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land use featuring at least 25,000 square feet gross floor area or featuring outdoor storage
along the site edge requiring a landscape buffer per POMC 20.128.070.
"Modification - Major" means a major alteration of a site plan that includes any one of the
following:
(1) Any enlargement of proposed building(s).
(2) Any site relocation of proposed building(s).
(3) Any change in exterior design.
(4) Any modification that creates new traffic circulation patterns.
"Multifamily" means a building that contains six or more dwelling or co -living sleeping
units. The term also includes any dwelling or co -living sleeping units that are within a
mixed -use building.
"Must" means the same as "shall" herein, and is mandatory and imposes a requirement.
20.12.150 N -Definitions.
"Native vegetation" means plant species that are indigenous and naturalized to the city's
region and which can be expected to naturally occur on a site. Native vegetation does not
include noxious weeds.
"Neighborhood electric vehicle" (or a low -speed electric vehicle) means a self-propelled,
electrically powered four -wheeled motor vehicle whose speed attainable in one mile is
more than 20 miles per hour and not more than 25 miles per hour and conforms to federal
regulations under CFR 571.500.
"New evidence" means any and all evidence that is submitted or received after the date the
examiner, or city council as the case may be, closes the official record. The official record is
closed at the end of the hearing, unless the examiner specifically allows the official record
to remain open for a time certain.
"Nonelectric vehicle" means any motor vehicle that does not meet the definition of
"electric vehicle."
"Noxious weed" means any plant which when established is highly destructive,
competitive, or difficult to control by cultural or chemical practices (see Chapter 17.10
RCW). The state noxious weed list in Chapter . u-,,). WAC is the officially adopted list of
noxious weeds by the noxious weed control board and recognized by Port Orchard.
20.12.160 O -Definitions.
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"Off site" means any premises not located within the area of the property proposed for a
development or use activity, whether or not in the common ownership of the applicant.
"Official file" means:
(1) All materials accepted by the examiner, or the city council as the case may be,
for purposes of the hearing, or created during the hearing, including but not limited to:
(a) All application materials submitted by the applicant;
(b) The staff report for the hearing;
(c) All written comments received by the city prior to the hearing, or received
into the official record during the hearing;
(d) The list of persons who signed in to the public hearing indicating a desire
to testify, or who wish to be notified of a decision or recommendation on the
matter;
(e) The electronic recording of the hearing on the matter, or a transcript of the
electronic hearing on the matter, certified under oath to be a transcript of the
electronic recording of the hearing on the matter;
(f) The recommendation or decision of the examiner.
(2) If a decision of the examiner is appealed to the council, the following will also be
included in the official file:
(a) The letter or notice of appeal;
(b) The staff report on the appeal;
(c) Any legal motions, briefs or other written appeal documents submitted by
a party of record.
(3) If the decision of the council is appealed to superior court, the following will also
be included in the officialfile:
(a) The electronic recording of the appeal to council and minutes of the
same, or a transcript of the electronic hearing on the matter, certified under
oath to be a true and correct transcript of the electronic recording of the
hearing on the appeal;
(b) The decision of the council.
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"Official plans" means the comprehensive plan, these development regulations, and other
documents adopted by the city council of the city of Port Orchard.
"Official record" means the written and oral information, exhibits, reports, testimony and
other evidence submitted in a timely manner and accepted by the examiner, or the city
council, if applicable. An electronic recording or transcript certified as a true and correct
transcript of an electronic recording of the hearing is a part of the official record.
"Open record hearing" means a hearing, conducted by a single hearing body or officer
authorized by the city to conduct such hearings, that creates the city's record through
testimony and submission of evidence and information, under procedures prescribed by
the hearing body or officer.
"Open space" means a portion of land, excluding building sites and parking areas, which is
designated and maintained as an area for leisure, recreation and other activities normally
carried on outdoors. Open space may include greenbelt and recreational areas.
"Ordinances" means legislative enactments of a city or county.
"Owner" means the owner of record of real property, although when real property is being
purchased under a real estate contract, the purchaser shall be considered the owner of the
real property, if the contract is recorded. (ROW 82.02.090(4).)
20.12.170 P -Definitions.
"Parapet" means that portion of a building wall that extends above the roof of the building.
"Park" means a site designed or developed for recreational use by the public, including but
not limited to: indoor facilities, such as gymnasiums, swimming pools, or activity centers;
and outdoor facilities, such as playfields, swimming pools, courts, playgrounds, fishing
and boating access areas, or picnicking and other group activity areas, and areas and trails
for hikers, equestrians, or bicyclists. Also see POMC 20.39.315 and 20.39.340.
"Parking lot aisle" means that portion of the off-street parking area used exclusively for the
maneuvering and circulation of motor vehicles and in which parking is prohibited.
"Parking space" means an area accessible to vehicles, improved, maintained, and used for
the sole purpose of parking a motor vehicle.
"Parking space — Off-street" means a space on private property with access to a public
street or alley used to park a motor vehicle.
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"Party" or "party of record" means the applicant, the property owner of the property for
which a land use application has been filed, and any person who has submitted written
comments or testified as part of the official record of a land use action.
"Pavement width" means the actual paved surface measured from edge to edge of a street
or alley road surface.
"Peak hour" means the hour during the morning or afternoon when the most critical level of
service occurs for a particular roadway or intersection.
"Permanent supportive housing" means subsidized, leased housing with no limit on length
of stay that prioritizes people who need comprehensive support services to retain tenancy
and utilizes admissions practices designed to use lower barriers to entry than would be
typical for other subsidized or unsubsidized rental housing, especially related to rental
history, criminal history, and personal behaviors. Permanent supportive housing is paired
with on -site or 24 -hour off -site voluntary services designed to support a person living with a
complex and disabling behavioral health or physical health condition who was
experiencing homelessness or was at imminent risk of homelessness prior to moving into
housing to retain their housing and be a successful tenant in a housing arrangement,
improve the resident's health status, and connect the resident of the housing with
community -based health care, treatment, or employment services. Permanent supportive
housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW.
"Permit" or "project permit" means any land use or environmental permit or license
required from the city, including, but not limited to: building permits, land disturbing
activity permits, subdivisions, binding site plans, conditional use permits, variances,
shoreline substantial development permits, site development permits, temporary use
permits, permits or approvals required by critical areas regulations, and site -specific
rezones.
"Permit — Temporary use" means a permit to allow a use for a limited duration and/or
frequency.
"Person" means any individual, organization, society, partnership, firm, association, joint
venture, public or private corporation, trust, estate, commission, board, public or private
institution, governmental agency, public or private utility, cooperative, interstate body or
other legal entity.
"Pervious surface" means a surface material that allows stormwater to infiltrate into the
ground. Examples include, but are not limited to, lawn, landscape, pasture, native
vegetation area, and permeable pavements.
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"Place of worship" means a place where religious services are conducted, and including
accessory uses in the primary or accessory buildings, such as religious education, reading
rooms, assembly rooms, and residences for nuns and clergy.
"Planning commission" means the city of Port Orchard, Washington, planning commission.
"Plat" means a map or representation of a subdivision, showing thereon the division of a
tract or parcel of land into lots, blocks, streets and alleys or other divisions and
dedications.
"Plat certificate" means a title report by a title insurance company certifying the ownership,
deed restrictions, covenants, etc., of the land being subdivided.
"Plat — Final plat" means the final drawing of the subdivision and dedication prepared for
filing of record with the county auditor, and containing all elements and requirements set
forth in Chapter 58.17 RCW and Chapter 20.90 POMC.
"Plat — Long plat" means the map or representation of a long subdivision, showing thereon
the subdivision of a tract or parcel of land with lots, blocks, streets, and alleys or other
subdivisions, easements and dedications as authorized by Chapter 58.17 RCW and in
Subtitle V of this title.
"Plat — Preliminary plat" means a neat and approximate drawing of a proposed subdivision
showing the general layout of streets and alleys, lots, blocks and other elements of a
subdivision consistent with the requirements of this title. The preliminary plat shall be the
basis for the approval or disapproval of the general layout of a subdivision of 10 or more
lots.
"Plat — Short plat" means the map or representation of a short subdivision.
"Plug-in hybrid electric vehicle (PHEV)" means an electric vehicle that: (1) contains an
internal combustion engine and also allows power to be delivered to drive wheels by an
electric motor; (2) charges its battery primarily by connecting to the grid or other off -board
electrical source; (3) may additionally be able to sustain battery charge using an on -board
internal -combustion -driven generator; and (4) has the ability to travel powered by
electricity.
"Port Orchard" means the city of Port Orchard, Washington.
Preliminary Plat. See "Plat — Preliminary plat."
"Principal building" means a building in which is conducted the main or primary use of the
lot on which it is located. Generally, this use will be a principal permitted use as provided in
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POMC 20.39.010. It is possible for a lot to have more than one principal building and
principal use.
"Private" means solely or primarily for the use of residents or occupants of the premises,
e.g., a noncommercial garage used solely by residents or their guests is a private garage.
"Private street" means a privately owned right-of-way which provides access for up to 10
residential units and meets the requirements of the city's public works standards.
"Project improvements" means site improvements and facilities that are planned and
designed to provide service for a particular development and that are necessary for the use
and convenience of the occupants or users of the project, and are not system
improvements. No improvement or facility included in a capital facilities plan approved by
the city council shall be considered a project improvement. (ROW 82.02.090(5).)
"Project permit" or "project permit application" means any land use or environmental
approval required from the city for a project action, including but not limited to building
permits, subdivisions, planned unit developments, conditional uses, shoreline substantial
development permits, site plan review, permits or approvals required by this title, critical
areas and natural resources, site -specific rezones authorized by a comprehensive plan or
subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea
plan, or development regulations except as otherwise specifically included in this land use
regulatory code.
Property Owner. See "Owner."
"Protected area" means all land where no construction activity, tree removal, vegetation
removal, or soil compaction is allowed and includes the critical root zone of those trees to
be preserved.
"Pruning" means cutting back of limbs larger than one and one-half inches in diameter.
"Public agency" means any agency, political subdivision, or unit of local government of this
state, including but not limited to municipal corporations, special purpose districts,
counties, and local service districts; any agency of the state of Washington, the United
States or any state thereof; or any Indian tribe recognized as such by the federal
government.
"Public agencyyard" means a facility operated by a public agency for open or enclosed
storage, repair, and maintenance of vehicles, equipment, or related materials, excluding
document storage.
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"Public facilities" means facilities which are owned, operated and maintained by a public
agency.
"Public right-of-way" means any road, alley, street, avenue, arterial, bridge, highway, or
other publicly owned ground or place used or reserved for the free passage of vehicular
and/or pedestrian traffic or other services, including utilities.
Public Street. See "Public right-of-way."
20.12.180 O -Definitions.
Reserved.
20.12.190 R -Definitions.
"Rapid charging station" means an industrial grade electrical outlet that allows for faster
recharging of electric vehicle batteries through higher power levels and that meets or
exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
"Reasonable use" has the meaning established by the most recent applicable state or
federal court decision.
"Recreational vehicle (RV)" means a vehicle designed primarily for recreational camping,
travel or seasonal use, which has its own motive power or is mounted on or towed by
another vehicle, including but not limited to: travel trailer, folding camping trailer, park
trailer, truck camper, motor home, and multi -use vehicle.
"Recreational vehicle parks" means the use of land upon which two or more recreational
vehicle sites, including hookup facilities, are located for occupancy by the general public of
recreational vehicles as temporary living quarters for recreation or vacation purposes.
"Recyclable material" means a nontoxic, recoverable substance that can be reprocessed
for the manufacture of new products.
"Regional utility corridor" means a right-of-way tract or easement which contains
transmission lines or pipelines for utility companies, excluding distribution lines contained
within street rights -of -way or lines serving individual lots or developments.
"Reserve strip" means a strip of land dedicated or created in fee for the purpose of
controlling the access to streets or other public rights -of -way from adjoining property.
"Resident" means a person who occupies a residential dwelling within the city of Port
Orchard on an ongoing and continual basis, and who actually lives within the home, as
distinguished from a visitor or transient.
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"Restoration" means the actions to return a stream, wetland or other critical area to a state
in which its stability, functions, and values approach its unaltered state as closely as
possible.
"Retention facilities" means drainage facilities designed to store runoff for gradual release
by evaporation, plant transpiration, or infiltration into the soil. Retention facilities shall
include all such drainage facilities designed so that none of the runoff entering the facility
will be discharged as surface water. Retention facilities shall include all appurtenances
associated with their designed function, maintenance, and security.
"Right-of-way" or "ROW" means a strip of land platted, dedicated, condemned or
established by prescription, or otherwise legally established, for the use of pedestrians,
vehicles or utilities.
20.12.200 S -Definitions.
"Sale or lease" means any immediate or future transfer of ownership, or any possessory
interest in land, including contract of sale, lease, devise, intestate succession, or other
transfer of an interest in a subdivision or part thereof, whether by metes and bounds or lot
and block description.
"Sanitary sewer systems" means all facilities, including approved on -site disposal
facilities, used in the collection, transmission, storage, treatment, or discharge of any
waterborne waste, whether domestic in origin or a combination of domestic, commercial
or industrial waste.
"School" means an institution primarily for academic instruction, public, private or
parochial, and accredited by the State Department of Education.
"School bus base" means an establishment for the storage, dispatch, repair, and
maintenance of coaches and other vehicles of a school transit system. Also see POMC
20.39.210.
"School district" means South Kitsap School District No. 402.
"School district support facility" means uses (excluding schools and bus bases) that are
required for the operation of a school district, including centralized kitchens, and
maintenance or storage facilities.
"Seasonal decoration" means temporary decorations for holidays which do not fall under
the definition of a sign. Decorations, which fall under the definition of a sign, must conform
to all provisions of the sign code.
"Senior" means a person aged 55 or older.
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Sensitive Area. See "Critical areas."
"SEPA responsible official" means the development director, or such other person as the
development director has designated in writing to serve as the SEPA responsible official.
"Setback" means the minimum required distance between a structure or portion thereof
and a lot line of the lot on which it is located, or another line as described in a particular
section of this title. See POMC 20.40.02 for additional information.
"Shall" means the same as "must" herein, and is mandatory and imposes a requirement.
"Shared kitchen" means a kitchen that is used. intended, or designed to be used by
residents of multiple dwelling or sleeping units for preparing food simultaneously.
(1) Shared kitchens shall be subject to the following standards:
(a)At least one shared kitchen shall be provided for every fifteen sleeping
units.
(b) At least one shared kitchen shall be provided on each floor that also
contains sleeoina units.
"Shoreline jurisdiction" means the area extending landward for 200 feet in all directions as
measured on a horizontal plane from the ordinary high water mark; floodways and
contiguous floodplains areas landward 200 feet for such floodways, and all wetlands
associated with streams, lakes and tidal waters.
"Shoreline master program" means the shoreline master program for the city of Port
Orchard, and the use regulations, together with maps, diagrams, charts, or other
descriptive material and text, a statement of desired goals, and standards developed in
accordance with the policies enunciated in RCW 90.58.020.
Short Plat. See "Plat - Short plat."
"Short subdivision" means the division or redivision of land into nine or fewer lots, tracts,
parcels or divisions for the purpose of sale or lease.
"Should" means strongly advisable, unless the context clearly indicates otherwise.
"Single-family zones" means those zones where single-family detached residences are the
predominant land use. In Port Orchard the "single-family zones" are the residential 1 (R1)
and residential 2 (R2) districts as described in Chapter 20.34 POMC.
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"Site area — Minimum" means the minimum or smallest amount of total site area in a single
ownership expressed in acres necessary to support development consistent with the
zoning district provisions of this code.
"Sixplex" means a residential building with six attached dwelling units.
"Sleeping unit" means an independently rented or owned and lockable unit that provides
living and sleeping space.
(1) Sleeping units shall be subject to the following standards:
(a) A sleeping unit shall be no more than 300 square feet:
(b) Sleeping units may include kitchenettes but shall not include kitchens.
(c) Sleeping units must include a private bathroom.
(d) All sleeping units must have access by interior or covered exterior
walkway to a shared kitchen.
(2) For the purposesof calculating density and required open space, a sleeping unit
counts as one quarter (1/4Lof a dwelling unit.
(3) Sleeping units shall be treated as one-half (1/2) of a dwelling unit for the purpose
of calculating fees for sewer connections.
"Soil amendments" means materials added to soil to improve its physical or chemical
properties. Unlike fertilizers, the exact ingredients and chemical composition of soil
amendments vary among different sources. Examples could include compost, lime,
gypsum, and clay. Soil amendments can be used to improve the permeability and water
retention characteristics of soil.
"Specified sexual activities" means human genitalia in a state of sexual stimulation or
arousal; acts of human masturbation; sexual intercourse or sodomy; erotic fondling,
touching or display of human genitalia, pubic region, buttock, or female breast; peep
shows, topless dancing, and nude dancing.
"Stacked flat" means dwelling units in a residential building of no more than three stories
on a residential zoned lot in which each floor may be separately rented or owned.
"State" means the state of Washington.
"Stream" has the meaning established pursuant to Chapter )0.58 RCW as currently
adopted or hereafter amended.
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"Street" (including the words "avenue," "boulevard," "circle," "court," "drive," "lane," "loop,"
"parkway," "place," "road," "spur," "terrace," and "way") means:
(1) Any public way, either unimproved or improved, which affords the principal
means of access to abutting properties. A street width shall be considered the
distance between its right-of-way lines.
(2) A public or recorded private thoroughfare providing the main pedestrian and
vehicular access through neighborhoods and communities and to abutting property.
"Street block" means a group of lots or properties on the same side of a street between two
street intersections or a street intersection and a dead end.
"Street frontage" means the portion of a lot property line that abuts a public right-of-way.
"Street standards" means the city of Port Orchard "Public Works Engineering Standards
and Specifications" (PWESS) for streets as adopted by ordinance of the Port Orchard city
council.
"Structure" means anything permanently constructed, walled, and roofed, including a gas
or liquid storage tank that is principally in or on the ground, or over the water, excluding
fences less than six feet.
"Subdivider" means any person, firm or corporation who subdivides or develops any land
deemed to be a subdivision.
"Subdivision" means the division or redivision of land into 10 or more lots, tracts, parcels,
sites or divisions for the purpose of sale or lease, or transfer of ownership, and includes all
resubdivision of land.
"Subdivision, unit lot" means the division of land into two or more contiguous buildable
lots, provided the parent lot meets all requirements for dimension, setbacks, building
types, density, open space, or any other applicable development standard set forth in this
title.
"Substantial development or improvement" means:
(1) Any repair, reconstruction, or improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure either:
(a) Before the improvement repair is started; or
(b) If the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any wall,
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ceiling, floor, or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure.
(2) The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or
local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historical
Places or a State Inventory of Historical Places.
"Survey monument" or "monument" means the physical structure, along with any
references or accessories thereto, used to mark the location of a land boundary survey
corner, geodetic control point, or local control point.
"Surveyor" means a registered professional land surveyor licensed to practice surveying in
the state of Washington.
"System improvements" means public facilities that are included in the city's capital
facilities plan and are designed to provide service to areas within the city and community at
large, in contrast to project or on -site improvements. (ROW 82.02.090(9).)
20.12.210 T -Definitions.
"Testamentary" means given or bequeathed by a will.
"Tract" means a nonbuildable or buildable unit of land created by a subdivision, short
subdivision, deed, or other instrument recorded with the appropriate county recorder.
Tracts are usually held in common by the owners of an organization, such as a
homeowners' association, for common benefit and are not in every instance required to
meet minimum lot size and dimensional requirements of the applicable zone.
"Trails" means manmade pathways designed and intended for use by nonmotorized
transportation modes, including walking, biking, horseback riding, and/or recreational
uses.
"Transitional housing" means a facility that provides housing and supportive services to
homeless persons or families for up to two years and that has as its purpose facilitating the
movement of homeless persons and families into independent living.
"Transportation facilities" means capital facilities related to air, water or land
transportation.
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"Transportation level of service standards" means a measure which describes the
operational condition of the travel stream and acceptable adequacy requirements, as
identified in the city's comprehensive plan (as required by ROW 36.70A.070(6)(b)).
"Transportation system management (TSM)" means low cost projects that can be
implemented in a short time frame designed to increase the efficiency of existing
transportation facilities. This also includes transit and/or ride -sharing measures to
decrease single -occupancy vehicle trips.
"Tree" means any woody plant characterized by one main stem or trunk and many
branches, or multi -stemmed trunks which have a diameter individually or cumulatively of
four inches DBH or larger.
"Tree enhancement plan" means a plan prepared by a certified arborist, licensed
landscape architect, or certified forester and required of all commercial or industrial
properties greater than two acres in size when any tree removal or tree clearing takes place.
The tree enhancement plan shall combine tree preservation of existing trees to the extent
feasible, along with tree replacement and replanting equal to at least 15 percent of the
number of significant trees existing on the site prior to any tree removal. The tree
enhancement plan shall incorporate trees in as many areas as feasible, such as tree tracts,
boundary trees, perimeter landscaping, parking lot landscaping, street and driveway trees,
facade landscaping, or other viable stands of trees, considering the type of commercial or
industrial development.
"Tree inventory" means a detailed list of all trees of four inches DBH or larger, located on a
site for which a tree permit is required, and which is prepared by a certified arborist,
licensed landscape architect, certified forester, or other qualified tree professional. A tree
inventory shall be included on a site plan drawn to scale, and provide the number, size,
approximate height, specific location, and tree species of all trees of four inches DBH or
larger, with a summary of all significant trees in sufficient detail for the city to review.
"Tree owner" means the owner of the real property where 51 percent or more of the
diameter of the trunk of the tree at ground level is located.
"Tree topping" means the severe cutting back of limbs to stubs larger than three inches in
diameter within the tree's crown to such a degree so as to remove the normal canopy and
disfigure the tree.
"Tree, vegetation and soil protection area (TVSPA)" means a separate tract of land, which
may or may not be deeded as such, specifically set aside for the preservation of healthy
soil and the preservation or planting of existing and/or native vegetation and trees.
Stormwater retention/detention facilities, critical area buffers and other common areas
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may be considered TVSPA if they currently, or are improved to an extent where they can,
support healthy soils and the growth of native vegetation and trees. The purpose of these
areas (for preserving healthy soils, preserving and/or planting native vegetation and trees) is
stated on the face of the plat when applicable.
"Triplex" means a residential building with three attached dwelling units.
"Townhouses" means buildings that contain three or more attached single-family dwelling
units that extend from foundation to roof and that have a yard or public way on not less
than two sides.
20.12.220 U -Definitions.
"Ultimate roadway section" means a designation that the maximum roadway or
intersection capacity has been reached and further right-of-way acquisition and/or
improvements are not feasible to increase peak hour vehicle capacity.
"Understory" means the low layer of plants forming an underbrush or underwood.
"Unit density" means the number of dwelling units allowed on a lot or parent lot.
"Use — Principal" means the primary use for a lot, structure, or building or the major portion
thereof, as designated or actually used.
"Use — Secondary" means an incidental or accessory use for which a lot, structure or
building is designated or employed in conjunction with, but not subordinate to, its primary
use.
"Utilities" or "public utilities" means enterprises or facilities serving the public by means of
an integrated system of collection, transmission, distribution and processing facilities
through more or less permanent physical connections between the plant of the serving
entity and the premises of the customer. Included are systems for the delivery of natural
gas, electricity, telecommunications services and water, and for the disposal of sewage.
Also see POMC 20.39.260 and 20.39.270.
20.12.230 V -Definitions.
"Vacation rental" means a self-contained single-family residence including
condominiums, apartments and detached residences that may be rented by groups or
individuals. Not to be confused with hotels/motels or bed and breakfast facilities. Also see
POMC 20.39.345.
"Vegetation" means any and all organic plant life growing at, below or above the soil
surface.
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20.12.240 W -Definitions.
"Wall, blank" means wall (including building facades and retaining walls) over 10 feet in
height, has a horizontal length greater than 15 feet, and does not include a transparent
window or door.
"Wall frontage" means the length of an outside building wall on a public right-of-way.
"Wall plane" means the flat vertical surface on a building facade, which may include doors,
windows, openings, or other incidental recessions that do not extend through to the
roof line.
"Wastewater treatment facility" means a plant for collection, decontamination, and
disposal of sewage, including residential, industrial, and agricultural liquid wastes, and
including any physical improvement within the scope of the definition of "water pollution
control facility" set forth in WAC 173-90-015(4) as amended. Also see POMC 20.39.480.
"Waterwise plant" means a plant that requires regular water while being established.
However, once established, it will need less water than most traditional plants, but will not
necessarily withstand periods of drought.
"Wetland" or "wetlands" means areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Wetlands do not include those artificial wetlands intentionally created from non -wetland
sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales,
canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape
amenities, or those wetlands created after July 1, 1990, that were unintentionally created
as a result of the construction of a road, street, or highway. Wetlands may include those
artificial wetlands intentionally created from non -wetland areas to mitigate the conversion
of wetlands.
20.12.250 X -Definitions.
Reserved.
20.12.260 Y -Definitions.
Reserved.
20.12.090 Z -Definitions.
Reserved.
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Exhibit B
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20.32.010 Building type descriptions.
(1) Detached House.
(a) A building type that accommodates a single-family dwelling unit with yards on all sides.
An accessory dwelling unit may be located within a detached house. 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 RCW Title
46, 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
u
detached house for the purposes of this title.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(2) Backyard Cottage.
(a) A small self-contained accessory dwelling unit, carriage house, or carriage house
containing an accessory dwelling unit located on the same lot as a detached house but
physically separated. _
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(3) Carriage House.
(a) A self-contained accessory dwelling located on the same lot as a detached house,
townhouse, duplex, triplex, fourplex, apartment, or courtyard apartment, but physically
separated for use as a complete, independent living facility, with provisions for cooking,
sanitation and sleeping. Carriage house dwelling units are located above enclosed ground -
level off-street parking facilities, or common facilities including, but not limited to, laundry,
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recreation space or other uses commonly associated with residential development for the
associated on -site dwellings.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(4) Cottage Housing.
(a) A middle housing building type comprised of a group of detached houses on a lot with a
common open space that either: (i) is owned in common; or (ii) has units owned as
condominium units with property owned in common and a minimum of 20 percent of the
lot size as open space. Cottage housing may be in a configuration that accommodates up
to 12 residential units. Accessory buildings such as a community building and common
storage facilities are allowed.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(5) Duplex.
(a) A middle housing building type that accommodates two attached dwelling units.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(6) Stacked Flat.
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(a) A middle housing building type that accommodates dwelling units in a residential
building of no more than three stories on a residentially zoned lot in which each floor may
be separately rented or owned.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(7) Triplex.
(a) A middle housing building type that accommodates three attached dwelling units
vertically and/or horizontally integrated.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(8) Fourplex.
(a) A middle housing building type that accommodates four attached dwelling units
vertically and/or horizontally integrated.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(9) Fiveplex.
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(a) A middle housing building type that accommodates five attached dwelling units
vertically and/or horizontally integrated.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(10) Sixplex.
(a) A middle housing building type that accommodates six attached dwelling units
vertically and/or horizontally integrated.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(11) Townhouse.
(a) A middle housing building type that contains three or more attached single-family
dwelling units that extend from foundation to roof and that have a yard or public way on not
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(12) Apartment.
11119460.3 - 366922 - 0021
54
(a) A multifamily residential building type that accommodates ftye-six or more dwelling
units vertically and/or horizontally integrated.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(13) Courtyard Apartment.
(a) A middle housing building type that accommodates up to four attached dwelling units
arranged on two or three sides of a yard or court.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(14) Forecourt Apartment.
(a) A multifamily building type that accommodates at least five multifamily dwellings
arranged on two or three sides of a forecourt. Forecourt apartments shall feature a
forecourt as described in POMC 20.122.040 along the primary street.
,r L
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(15) Live -Work.
11119460.3 - 366922 - 0021
55
(a) A building type that accommodates three 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: Refer to POMC 20.32.015(1).
(16) 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: Refer to POMC 20.32.015(1).
(17) Single -Story Shopfront.
(a) A single -story building type that typically accommodates retail or commercial uses.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
11119460.3 - 366922 - 0021
56
(18) Mixed Use Shopfront.
(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: Refer to POMC 20.32.015(1).
(19) General Building.
(a) A building type that typically accommodates ground floor retail, office, or commercial
iIr
uses with upper -story residential or office uses.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(20) 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 or mobile home park typically
features land or unsubdivided lots leased or rented by the manufactured or mobile home
owner.
(b) Zones where permitted: none. New manufactured or mobile home parks are not
permitted. Existing legal nonconforming manufactured or mobile home parks may be
maintained and the homes therein may be replaced.
(21) Accessory Building.
11119460.3 - 366922 - 0021
57
(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, other than a backyard cottage, located on the same lot.
(b) Zones where permitted: Refer to 20.32.015(1).
11119460.3 - 366922 - 0021
58
Exhibit C
59
60
20.39.040 Use table.
(Gray shading separates categories into residential, commercial and industrial, and civic/parks.)
Use Category
Specific Use
R1
R2
nn
Residential Uses
All household living,
as listed below:
Single-family
P
P
detached (including
new manufactured
homes)
Designated
--
--
manufactured home,
manufactured or
mobile home (except
for new designated
manufactured
homes)
New designated
P
P
manufactured home
Accessory dwelling
P
P
unit
P ----P P -- -- -- P ---------------------------------20.39.100
P --------- -- -- -- -- -----------------20.39.100
P 11 ` P P P ----------------------------------20.39.100
P ----P-- P -- -- -- P ----PP ------------20.68
61
se Category
pecific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI
i ngle-family PP P ------P P -- -- -- P -- -- -- -- --
ttached (2 units)
ingle-family -- -- P P P -- P P P P P P
ttached (3 units) ----- —
i ngle-family -- -- P P P -- -- -- -- -- -- --
ttached (4 units) -----
ingle-family -- -- P P P -- P P P P P P
ttached (5 units)
Ingle family P P P =P
ttached (6 units) -- —
ultifamily ( —6 or ��p
P P P��P'
P �pl
�pl
�pl
'ore units)
anufactured or
-------------------------------- -- -- -- --
obile home park
CI
PR
PF
Definition/Standards
--
--
-
20.39.100
P II-- VP II-- II-- II-- II-- II-- 1120.39.100
P II-- VP II-- II-- II-- II-- II-- 1120.39.100
P II-- IIP II-- II-- II-- II-- II-- 1120.39.100
62
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
facilities
Indoor emergency ---------------C C C -- -- C C
housing
Indoor emergency ------------------------------C C C -- -- C C -- -- -- -- -- --
shelter
C
C
C
C
C
C
C
C
C
C
P
C
C
C
supportive housing
111111
Group home (upto8 P P P P P P P P -- -- -- P --------------20.39.100
residents), except as
follows:
Adultfamilyhome P P P -- -- P P P -- -- -- P -- -------20.39.100
Aligroup living (9 or -----C C -- P C P C -- P P -------------20.39.110
more residents)
Socialservices -------------------------------- -- -- -- P P P P P -----------------20.39.120
facilities
63
Use Category
Specific Use
R1
R2
Secured high risk
--
--
social services
facilities
Public Uses
All civic uses, as
listed below:
Community college,
--
--
university, trade or
technical school
(8,000 square feet or
less)
Community college,
--
--
university, trade or
technical school
(more than 8,000
square feet)
Club or lodge
Public use
--
Museum, library
��--
I--
--
PF
Definition/Standards
--
20.39.122
20.39.240
C
20.39.240
20.39.240
P
20.39.240
P
20.39.240
64
Use Category
Place of worship C C C C C -- -- P -- P P P ------------------P --
School (K-12) ------------- -- -- -- ----------C --
Jailordetention ------------------ -- -- -- -- --------------CC C --
center
lot
Transfer station ---------------- -- -- -- ---------- P -- --
Transitbus base ----------- -- -- -- -- --------------P P -- --
All open space and
park uses, as listed
below:
Cemetery C----------------------------o
Golfcourse C C C ---------- -- -- -- C ----------------P
Park, recreation field --------- P P P P -----P
below: as Listed HHHHU H___
Minor utilities P P P P P P P P P P P L�nrnffpF
PF
Definition/Standards
--
20.39.240
J20.39.240
C
20.39.240
P
20.39.220
P
20.39.230
P
20.39.210
J20.39.250
J20.39.250
P
20.39.250
P 20.39.260
65
Use Category
Specific Use
R1
R2
Major utilities
--
--
Wireless
telecommunication
facilities, as listed
below:
Amateur radio
P
P
operator tower
Small cell wireless
P
P
telecommunication
facility
Wireless
C
C
telecommunication
tower (excludes
small cell facilities)
Commercial Uses
P�
All day care, as listed
below:
Family day care (6
P
P
children or fewer)
]R3R4 R5 GB RMU NMU CMU DMU GMU IBP m u
CC CH IF ]LIHI CI PR PF Definition/Standards
II-- IIP IIP Op Op IIP II-- O 020.39.260
P P ,o3sz,o
P P P P P P P P P P P P P P P P P P 20.39.270
P ----P -- -- -- -- -- P -------------------20.39.305
66
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
Group day care (mini C C C -- -- C C P P -- P P P ----------20.39.305
day care) (7 to 12) ---
Day care center (13 C C C P C P P ---------------------------20.39.305
or more) -------------
All indoor recreation, ------------C P C P -- P P ------------------C --
except as listed
below: -----� -��
Shooting range --------- -- --------------C C -- - 20.39.315
Special event facilityIHH--
-C C C C C C C ��C- C C C 20.39.315
Commercial ----------------- P P P P P P P --------------------
entertainment,
except as follows: — -- -----
Adult entertainment C C --------------20.39.320
All outdoor --------------C C C P -- PP -----CC
recreation, except as
WHWH H_WI___
listed below:
Campground, travel C C 20.39.340
trailer park, RV park
67
Use Category
Specific Use
R1 R2 R3 R4 R5 GB RMU
NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
(does not include
mobile home park)
C 20.39.340
Horse stable, riding
------------C
academy, equestrian
center
20.39.340
-- C C -- C C CCC C C C 20.39.385
Shooting range ---------C
Marina (upland
----------------
areas)
All overnight lodging,
as listed below:
PP P P P P P
P P P P P
Level1: Vacation
rentals or similar
short-term
----20.39.345
house/room rentals
C C C
P P
Level 2: Bed and
breakfast (up to 7
HHC
WLLW20.39.345
rooms)
- 20.39.345
Level 3: Motel _flflflflflft_nrrrnm
Level 4: Hotel
I
I
I
II
I
P
P
P
flP
h
hi--
--
--
--
20.39.345
68
Use Category
Specific Use
R1
--
R2
--
All medical, except
as listed below:
[T]
Hospital
--
All office, except as
listed below:
Bail bonds
Surface parking:
--
--
commercial parking,
commuter lease
parking or park and
ride, remote parking
--
--
Commercial parking
garage — standalone
P
P
Electric vehicle
charging stations
All personal service,
--
except as listed
below:
Funeral home
--
--
-- C C P P P P P --------P
-- -- -- -- C C C C ------------------C 20.39.325
C C P P P P P P P --------------------
-- C C C C P P -------------------------20.39.335
-- C C C C PP P ------------------C20.39.350
C C P C P P P P C --------------------
iHU H____________
LLtLW20.39.355
69
Jse Category
ipecific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
;rematorium ----------P P P P P P- - 20.39.355
knimal shelter or -------I I I Pc Pc Dc Dc Pc Dc II-- IIC 120.39.230
adoption center
ndooranimalcare
care
Outdoor animal care
Business services
Conference center
All restaurants
except as listed
below:
Food truck
All retail sales, as
listed below:
P
P P ---------------------20.39.360
lII�I�I�I�I�IIaIlallallallallallllllIIIIIIE
Zetail establishment -- -- --
up to 5,000 gross
loor area)
lsl�Ilallallallallallalllllllllillm
70
Jse Category
ipecific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI
ietail establishment -------------------------------- P P P -- P P P --
5,001 - 15,000 gross
loor area)
Retail establishment
(15,001 - 50,000
gross floor area)
Retail establishment
(over 50,000 gross
floor area)
Fireworks sales in
accordance with
Chapter 5.60 POMC
Recreational
marijuana sales
Convenience store
with fuel pumps
- II-- II-- II-- II-- II-- II-- II-- II-- II-- lip II-- lip lip lip II--
I=II1Im
P OP II--
- II-- II-- II-- II-- II-- II-- II-- II-- II-- II-- II-- lip lip II-- lip
convenience store C C C -- --
without fuel pumps-------
=uel station,
-------------------------------- -- -- --
ncluding fuel pumps
CII--
MIiii2
C 0 --OP
HI
CI
PR
PF
Definition/Standards
20.39.375
20.39.375
20.39.375
20.64; 20.39.375
20.39.375
20.39.375
71
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
and fuel sales,
without convenience
store
Automobile service -------------------------------- -- -- -- -- -- C -- P ------------------20.39.300
station
All vehicle and
tool/construction
equipment sales and
rental, as listed
below:
Light vehicle and --------- -- -- -- -- --P P P -----------20.39.375
light tool or
construction
equipment sales and
rental
Heavyvehicle and -----------------P P P P --------------20.39.375
heavy tool or
construction
equipment sales and
rental
72
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
All vehicle service
and repair, as listed
below: -----
Car wash ------------P P P ----------------------20.39.440
Vehicle service and --------- -- -- -- -- P P P P-----------------20.39.440
repair, minor ----- —
Vehicle service and --------- -- -- -- -- --P P P P--------------20.39.440
repair, major ----- — Vehicle service and --------- -- -- -- -- -- --P P P --------------20.39.440
repair, commercial
vehicle
Industrial Uses P
II All heavy industrial ---------------- P 20.39.400
All light -- -- -- -- -- -- -- PPP -- -- --
manufacturing,
except as listed
below:
Commercial laundry, -------------PP=--20.39.410
dry cleaning or
73
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
carpet cleaning
facility
Brewery, distillery ------------P P P -- -- -- -- -- --
under 5,000 square
feet
Brewery, distillery -------------------------------- -- C C -- C P P -- -
5,001 -15,000
square feet
Brewery, distillery ------------------ -- -- -- -- ---------- -- -- P P ------------
over 15,000 square
feet
Craft shop HHH--
P P P P P PP PPP --------------20.39.410
Food and beverage --------P P P P P -- P P P P P -20.39.410
processing, boutique
(area used for
processing less than
3,000 square feet)
Food and beverage --------------------------------P P P P -------------20.39.410
processing,
industrial
74
Use Category
Specific Use
R1
R2
Recreational
--
--
marijuana
production
All research and
--
--
development
Resource extraction
- mining, dredging,
raw mineral
processing, except:
Timber harvesting in
--
--
the absence of
concurrent
development
--
--
Sand and gravel
mining
Stockpiling of sand,
--
--
gravel or other
aggregate materials
Sheet metal,
--
--
welding, machine
]EELTC P P P o ,o3s<,o
75
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
shop, tool and
equipment
manufacturing,
vehicle painting
facility
All warehouse, C C C C C ------------
--------------- -- -- -- -
storage and
distribution, as listed
below: -----� -�-�� —
Enclosed storage ---------P PPP P J20.39.450
Self-service storage, ----------- C C C C 20.39.460
mini -warehouse
Storage yard ------------- -- -- -- -- C C P P -- P J20.39.470
All waste -related -------------------------------- -- -- -- - ------------------C -- -- P 20.39.480
service, including
wastewater
treatment facilities,
decant facilities and
recycling centers
Agricultural Uses
76
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
All agriculture, as
listed below: ---
Agricultural -------------------------------- -- -- -- -- -- -- C P P --------------20.39.500
processing,
excluding marijuana
processing ----- —
Community garden P P P P P -- P P P P P 120.39.500
Nursery P P P P------------------20.39.500
Winery C C C C P P P P-------------------20.39.500
Accessory Uses �----
Accessory uses not
otherwise listed
below, as
determined by the
administrator: LJWW i I U U I U U U
Accessory dwelling
units, as listed
__WflTh_________________________________________________________________________________
below:
77
Use Category
Specific Use
R1
R2
Accessory
P
P
apartment (attached
dwelling)
Backyard cottage
P
P
dwelling
Drive -through facility
Home occupation
P
P
Home business
P
P
Livestock keeping
P
P
Outdoor display
--
--
Outdoor storage as
listed below:
Low -impact
High -impact
Ffl
Self storage as
-
-
accessory use to
apartment building
p -- -- p -- -- -- -- -- P -----------------------------------20.39.600, 20.68
P P P ---------------------------------20.39.600
P PP ,o�ss,o
PPFP�P�PF-Flr_�r]P
P ---------------------------------20.39.620
P P P P P P PPP_ _,°3493°
oPPPP _ __
PPP ,o3s63=
-- P P -- -- -- -- -- -- ------------------ 20.39.640
78
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
Vehicle service and P P --------------P P P ---------------------------20.39.645
repair, accessory to
a residential use ----- Park as accessory P P P P P -- P P P P P P -- -- -- -- -- -- -- --
use to residential
development
Medical marijuana P P P P P P P P P P P P P P P P----------20.64;20.39.100
cooperative
Key: P = Permitted Use C = Conditional Use -- = Use Not
Permitted
When part of a mixed -use building. multifamily may consist of two (2) or more dwelling units.
79
Exhibit D
11119451.2 - 366922 - 0021
80
Chapter 20.39
USE PROVISIONS
Sections:
Article I. Use Classifications and Table
20.39.010 Use classification.
20.39.020 Establishment of uses.
20.39.030 Use table key.
20.39.040 Use table.
Article II. Residential Uses
20.39.100 Household livin
20.39.110 Groua living.
20.39.120 Social services.
20.39.122 Secured high risk social service facilities.
Article III. Public and Civic Uses
20.39.200 Animal shelter.
20.39.210 Transit bus base (includes school bus bases
20.39.220 Transit park -and -ride lot.
20.39.230 Transfer station.
20.39.240 Civic uses.
20.39.250 Parks and open space.
20.39.260 Utilities.
20.39.270 Wireless telecommunication facilities.
Article IV. Commercial Uses
20.39.300 Automobile service station.
20.39.305 Day care facility.
11119451.2 - 366922 - 0021
81
20.39.310
Conference center.
20.39.315
Indoor recreation.
20.39.320
Commercial entertainment.
20.39.325
Medical uses.
20.39.335
Office uses.
20.39.340
Outdoor recreation.
20.39.345
Overnight lodging.
20.39.350
Parking.
20.39.355
Personal services.
20.39.360
Animal care (indoor).
20.39.365
Animal care (outdoor).
20.39.370
Restaurant.
20.39.375
Retail sales.
20.39.380
Business services.
20.39.385
Marina.
20.39.390
Fuel station.
Article V. Industrial
Uses
20.39.400
Heavy industrial uses.
20.39.410
Light manufacturing.
20.39.420
Research and development.
20.39.430
Resource extraction.
20.39.440
Vehicle service and repair.
20.39.450
Warehouse, storage and distribution.
20.39.460
Self storage (mini warehouse).
20.39.470
Storage yard.
20.39.480
Waste -related services.
11119451.2 - 366922 - 0021
82
Article VI. Agricultural Uses
20.39.500 Agriculture.
Article VII. Accessory Uses
20.39.600 Accessory dwelling units.
20.39.610 Drive -through facility.
20.39.615 Home occupation.
20.39.620 Home business.
20.39.625 Livestock keeping.
20.39.630 Outdoor display,
20.39.635 Outdoor storage.
20.39.640 Indoor self storage as accessory use to apartment buildings.
20.39.645 Vehicle service and repair accessory to residential uses.
20.39.650 Medical marijuana cooperatives.
20.39.660 Residential yard,garage, and estate sales.
20.39.670 Charitable auctions and rummage and jumble sales in residential zones.
20.39.100 Household living.
(1) Defined. Residential occupancy of a dwelling unit by a household. Household living
includes the following:
(a) Single-family detached (including a new manufactured home);
(b) Accessory dwelling unit;
(c) Multifamily;
(d) Designated manufactured home, manufactured home or mobile home
(excluding a new designated manufactured home);
(e) New designated manufactured home;
(f) Manufactured or mobile home park;
(g) Group home;
11119451.2 - 366922 - 0021
83
(h) Adult family home; and
(i) Middle housing.
(2) Single -Family Detached. One dwelling unit in a single principal structure; may also
contain an accessory dwelling unit(s) consistent with the requirements of Chapter 20.68
POMC in an attached accessory apartment or a backyard cottage. A new manufactured
home shall be treated as a single-family detached home for the purposes of this chapter.
(3) Two -Family. Two dwelling units in a single principal structure.
(4) Single -Family Attached. Two or more dwelling units where each unit is attached;
includes middle housing building types at the unit densities prescribed in Chapter 20.34
POMC and the applicable building type in POMC 20.32.015.
(5) Multifamily. f-fve-Six or more dwelling units in a single principal structure that do not
meet the definition of single-family attached in subsection (4) of this section, or the
definition of middle housing as defined in POMC 20.12. ,
multifamily is allowed as a use and located as described in the specific building type.EOI
purposes of this section. when incorporated within a mixed -use building, a multifamily
residential use shall be deemed to consist of two (2) or more dwelling units and located as
described in the specific building type. A lobby or other entrance is allowed on the ground
floor.
(6) Designated Manufactured Home, Manufactured Home or Mobile Home. Designated
manufactured homes, manufactured homes or mobile homes (excluding new designated
manufactured homes) shall only be permitted within an existing manufactured or mobile
home park.
(7) Medical Marijuana Cooperative.
(8) Manufactured or Mobile Home Park. 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 or mobile home park typically features land or unsubdivided lots leased or
rented by the manufactured home owner. New manufactured or mobile home parks are not
permitted in the city. Existing manufactured or mobile home parks may be maintained
insofar as the individual homes within a manufactured or mobile home park may be
swapped out, but the number of manufactured homes in the manufactured home park may
not be increased.
(9) Group Home.
11119451.2 - 366922 - 0021
84
(a) A dwelling unit containing up to eight unrelated persons who are mentally or
physically impaired who are protected under the Fair Housing Act, along with
support or supervisory personnel or family members who may reside at the facility.
(b) The term mental or physical impairment includes conditions such as blindness,
hearing impairment, mobility impairment, HIV infection, mental retardation,
alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and
mental illness.
(c) Current users of illegal controlled substances, persons convicted for illegal
manufacture or distribution of a controlled substance, sex offenders, and juvenile
offenders are not considered mentally or physically impaired under the Fair Housing
Act.
(d) The Fair Housing Act affords no protections to individuals with or without
disabilities who present a direct threat to the persons or property of others.
Determining whether someone poses such a direct threat must be made on an
individualized basis, however, and cannot be based on general assumptions or
speculation about the nature of a disability.
(10) Adult Family Home. A dwelling, licensed by the state of Washington, in which a person
or persons provide personal care, special care, room and board to more than one but not
more than six adults who are not related by blood or marriage to the person or persons
providing the service. (Ord. 008-25 § 8 (Exh. G); Ord. 011-19 § 4 (Exh. 1)).
20.39.110 Group Living.
(1) Defined. Residential occupancy of a structure by nine or more people that does not
meet the definition of household living. Generally, group living facilities have a common
eating area for residents, and residents may receive care or training. Group living includes
the following:
(a) Assisted living facility;
(b) Boarding house, rooming house, or lodging house;
(eb) Congregate care facility;
(d) Dormitory;
(ec) Hospice;
(fd) Monastery or convent;
(ge) Nursing or care home;
11119451.2 - 366922 - 0021
85
(hf) Independent living facility; and
(kg) Skilled nursing care facility. - -
11119451.2 - 366922 - 0021
86
Exhibit E
11120859.1- 366922 - 0021
87
20.39.115 Co -living.
(1) Defined. Residential occupancy of a structure with sleeping units that are
independently rented or owned and lockable and provide living and sleeping space with
residents sharing kitchen facilities with other sleeping units in the building. Co -living may
include the following
(a) Boarding house. rooming house. or lodging house:
(b) Dormitory;
(c) Congregate living facility.
(2)2) Co -Living is allowed in any residential zone that allows at least six (6) multi -family units.
including on a lot zoned for mixed use development.
11120859.1- 366922 - 0021
88
Exhibit F
20.124.140 Parking quantities.
(1) Vehicle parking minimum quantities shall be provided in accordance with Table
20.124.140. Nothing in Table 20.124.140 precludes development from providing more off-
street parking than the minimum required.
(2) With the exception of accessible parking spaces as required by the Americans with
Disabilities Act, minimum parking requirements are not required for the following activities:
(a) A building undergoing a change of use from a nonresidential to a residential use or a
change of use for a commercial use;
(b) Residential dwelling units with a GFA equal to or less than 1,200 square feet;
(c) Commercial spaces with a GFA less than 3,000 square feet;
(d) Affordable housing;
(e) Senior housing;
(f) Facilities which serve alcohol;
(g) Child care centers as defined in RCW 43.216.010 that are licensed or certified by the
Department of Children, Youth, and Families;
(h) Ground level nonresidential spaces in mixed use buildings;
(3) Bicycle parking minimum quantities shall be provided in accordance with Table
20.124.140. In no case is a single use required to provide more than 24 bicycle parking
spaces.
Table 20.124.140
Land Use
Minimum Parking Minimum Bicycle Parking
Requirement Requirement
Residential Uses
Single-family residential dwellings
0.5 stall per dwelling unit
None required
(equal to or greater than 1,200 sq.
ft. GFA)
Multifamily residential dwellings
0.5 stall per dwelling unit
0.25 per dwelling unit
(equal to or greater than 1,200 sq.
ft. GFA)
Table 20.124.140
Land Use
Minimum Parking
Minimum Bicycle Parking
Requirement
Requirement
Multifamily residential dwellings
0 stall per dwelling unit
0.25 per dwelling unit
(less than 1,200 sq. ft. GFA)
Co -living
0.25 stall per sleeping
1 per 16 sleeping units
unit'
Public Uses
All civic uses, except as listed
1 stall per 300 square
5% of provided vehicle parking
below:
feet office
with a minimum of 3 spaces
Community college, high school,
1 stall per classroom
5% of provided vehicle parking
university, trade or technical
and 1 stall per 5
with a minimum of 10 spaces
school
students
Elementary, middle, or junior high
1 stall per classroom
5% of provided vehicle parking
school
and 1 stall per 50
with a minimum of 10 spaces
students
Club or lodge
1 stall per 3 fixed seats
5% of provided vehicle parking
with a minimum of 3 spaces
Place of worship
1 stall per 3 fixed seats
5% of provided vehicle parking
with a minimum of 3 spaces
All open space and park uses,
5% of provided vehicle parking
except as listed below:
with a minimum of 10 spaces
Golf course
1 stall per hole
None required
All utilities
No min.
None required
Commercial Uses
All day care 0 stalls
None required
91
Table 20.124.140
Land Use
Minimum Parking
Minimum Bicycle Parking
Requirement
Requirement
Commercial spaces (equal to or
1 stall per 1,000 sq. ft. of
5% of total minimum off-street
greater than 5,000 sq. ft. GFA)
GFA
parking requirement
(minimum 3)
Industrial Uses
All light manufacturing
1 stall per 1,000 square
5% of total minimum off-street
feet
parking requirement
(minimum 3)
All research and development
1 stall per 1,000 square
5% of total minimum off-street
feet
parking requirement
(minimum 3)
All warehouse, storage and
1 stall per 1,000 square
5% of total minimum off-street
distribution
feet
parking requirement
(minimum 3)
No off-street parking shall be required within one-half (1/2) mile walking distance of a
major transit stop as defined in POMC 20.12
92
ORDINANCE NO. _ -20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING A NEW
CHAPTER 3.48 MULTIFAMILY PROPERTY TAX EXEMPTION OF THE PORT ORCHARD
MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the city previously offered a Multifamily Tax Exemption (MFTE) program as
codified in POMC 3.48 but repealed the program in 2023 by passing ordinance 026-23;
WHEREAS, after studying the options for providing tax incentives to encourage the
development of multi -family housing, the City Council wishes to adopt a new MFTE code; and
WHEREAS, the City Council wishes to encourage increased residential opportunities,
within those areas of the city designated as residential targeted areas in Figure 1 of the
proposed POMC 3.48; and
WHEREAS, the City Council wishes to further the City's goals of redevelopment and
additional, affordable residential units within the City's downtown area, which is likely to
have higher costs for development and redevelopment due to the nature of building below -
grade parking and building on shoreline fill; and
WHEREAS, the City Council wishes to stimulate rehabilitation and redevelopment of
existing vacant and underutilized buildings and properties for multifamily housing in
designated residential targeted areas and centers, to increase and improve housing
opportunities, including affordable housing; and
WHEREAS, the City Council wishes to encourage the development of higher value
residential projects than those currently being constructed by providing incentives with the
aim of increasing long term property tax revenues; and
WHEREAS, the City Council wishes to adopt requirements for 12 -year tax
exemptions to establish standards to be met and to obtain a greater percentage of housing
that is more affordable than previously required, in order to maximize public benefit; and
WHEREAS, the City Council wishes to adopt requirements for 8 -year tax exemptions
to establish certain performance and project value standards, in order to maximize public
benefit; and
WHEREAS, on August 28, 2025, the City Council's Land Use Committee reviewed the
93
Ordinance No. -20
Page 2 of 16
amendments to Chapter POMC 3.48, and recommended that they be forwarded to the full
City Council for review and approval; and
WHEREAS, on September 16, 2025, the City Council reviewed the amendments to
Chapter POMC 3.48 at their regularly scheduled Work Study Session, and;
WHEREAS, on September 19, 2025, the City submitted the proposed amendments
to POMC Chapter 3.48 to the Department of Commerce along with a 15 -day request for
review; and
WHEREAS, on October 7, 2025, the City's SEPA official issued a determination of
non -significance for the proposed amendments to POMC Chapter 3.48, and there have
been no appeals; and
WHEREAS, on , 202_, the City Council reviewed the amendments at its
work-study meeting, and directed staff to bring the amendments forward for Council
adoption with certain changes; and
WHEREAS, the City Council, after careful consideration all public comment and the
Ordinance, finds that this Ordinance is consistent with the City's Comprehensive Plan and
development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the
amendments herein are in the best interests of the residents of the City; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings in support of this Ordinance.
SECTION 2. Chapter 3.48 of the Port Orchard Municipal Code is hereby amended to read
as follows:
Sections:
3.48.010
Purpose.
3.48.020
Definitions.
3.48.030
Residential targeted areas — Criteria — Designation.
3.48.040
Residential targeted areas — Types 1 through 3
3.48.040
Terms of the tax exemption.
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Ordinance No. -20
Page 3 of 16
3.48.050 Project eligibility.
3.48.060 Application procedure.
3.48.070 Application review — Issuance of conditional certificate — Denial — Appeal.
3.48.080 Extension of conditional certificate.
3.48.090 Application for final certificate.
3.48.100 Issuance of final certificate.
3.48.110 Annual compliance review — Reporting.
3.48.120 Cancellation of tax exemption.
3.48.130 Conflict of provisions.
3.48.010 Purpose.
As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited
exemptions from ad valorem property taxation for multifamily housing in designated residential
targeted areas to:
(1) Encourage increased housing opportunities in residential and mixed -use projects, including
affordable housing units, middle housing, infill housing, mixed -use shopfront buildings
containing housing, and apartments, within areas of the city designated by the city council as
residential targeted areas; and/or
(2) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings
for multifamily housing in designated residential targeted areas to increase and improve
housing opportunities, including affordable housing; and
(3) Accomplish the planning goals required under the Growth Management Act, Chapter 36.70A
RCW, as implemented by the city's comprehensive plan.
3.48.020 Definitions.
When used in this chapter, the following terms shall have the following meanings, unless the
context indicates otherwise:
(1) "Affordable housing" means the definition provided for in RCW 84.14.010.
(2) "Department" means the city department of community development.
(3) "Director" means the director of the department of community development, or designee.
(4) "Fair market rent" means the federal department of housing and urban development's
estimate of what a household seeking a modest rental home in a short amount of time can
expect to pay for rent and utilities in the current market, as updated annually.
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Ordinance No. _-20
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(5) "Household" means the definition provided for in RCW 84.14.010.
(6) "Median family income" means the median family income for the Bremerton -Silverdale
Metropolitan Statistical Area, as calculated by the federal department of housing and urban
development and updated annually.
(7) "Middle Housing" means the definition provided for in POMC 20.12 for buildings consisting
of at least four (4) dwelling units.
(8) "Mixed -use shopfront building" means the definition provided in POMC 20.32.
(9) "Multifamily housing" (for the purposes of this chapter) means a building having 4 or more
dwelling units not designed or used as transient accommodations and not including hotels and
motels. Multifamily units may result from new construction or rehabilitated or conversion of
vacant, underutilized, or substandard buildings to multifamily housing.
(10) "Owner" means the definition provided for in RCW 84.14.010.
(11) "Permanent residential occupancy" means the definition provided for in RCW 84.14.010.
(12) "Rehabilitation improvements" means the definition provided for in RCW 84.14.010.
(13) "Residential targeted area" means the definition provided for in RCW 84.14.010 and the
area(s) that have been so designated by the city council pursuant to this chapter.
(14) "Substantial compliance" means the definition provided for in RCW 84.14.010.
(15) "Urban center" means the definition provided for in RCW 84.14.010.
3.48.030 Residential targeted areas — Criteria — Designation.
(1) Following notice and public hearing as prescribed in RCW 84.14.040 of the city council's
intention of designating a residential targeted area, the city council may, in its sole discretion,
designate one or more residential targeted areas. Each residential targeted area must meet the
following criteria, as determined by the city council:
(a) The area is within an urban center; and
(b) The area lacks sufficient available, desirable, and convenient residential housing,
including affordable housing, to meet the needs of the public who would be likely to live in
the urban center if affordable, desirable, attractive, and livable residences were available;
and
(c) Providing additional housing opportunities in the area will assist in achieving one or
Ordinance No. -20
Page 5 of 16
more of the purposes of this chapter.
(2) In designating a residential targeted area, the city council may also consider other factors
including, but not limited to:
(a) Additional housing in the residential targeted area will attract and maintain an increase
in the number of permanent residents;
(b) An increased permanent residential population in the residential targeted area will help
to achieve the planning goals mandated by the Growth Management Act under Chapter
36.70A RCW, as implemented through the city's current and future comprehensive plans;
(c) Encouraging additional housing in the residential targeted area is consistent with public
transportation plans; or
(d) Additional housing may contribute to revitalization of a distressed neighborhood or area
within the city.
(3) At any time the city council may, by ordinance, and in its sole discretion, amend or rescind
the designation of a residential targeted area pursuant to the same procedural requirements as
set forth in this chapter for original designation.
3.48.040 Designated residential targeted areas.
In accordance with section 3.48.030, the City Council has designated a residential targeted area,
as provided below and as shown on Figure 1. Figure 1 is provided for planning purposes only,
and all development that is proposed to qualify for tax exemption within these areas must
meet the criteria of this chapter, as well as all other relevant City standards, including but not
limited to: the comprehensive plan, Unified Development Code, building code, public works
standards, critical areas regulations and the shoreline master program. The project must also
comply with any other standards and guidelines adopted by the city council, including but not
limited to those listed in section 3.48.060.
97
Figure 1. Residential Target Areas.
Ordinance No. -20
Page 6 of 16
0RCHARQ.
City of Port orchard
Multi -Family Tax Exemptior
Residential Target Areas
Figure 1
202,eFTETARoET AREA
N„F Mue• ERectiva oats rf Ordirsrrn XXX-2`.
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00-102 04 06 08
m Miles
3.48.050 Terms of the tax exemption.
(1) Duration of Exemption. The value of new housing construction, conversion, and
rehabilitation improvements qualifying under this chapter is exempt from ad valorem property
taxation, as follows:
(a) For both 8 -year and 12 -year exemptions, the exemption begins on January 1St of the year
immediately following the calendar year of issuance of the tax exemption certificate.
(b) For 12 -year exemptions, the number of residential units identified to meet the
requirements for an affordable housing component per 3.48.040(1)(c) shall continue to be
made available for the length of the exemption period.
(iii) The mix and configuration of housing units (e.g., studio, one -bedroom, two -
bedroom) used to meet the requirement for affordable units shall be substantially
proportional to the mix and configuration of the total housing units in the project.
Ordinance No. -20
Page 7 of 16
(iv) When a project includes more than one building with multifamily housing units, all
of the affordable housing units required in this subsection must not be located in the
same building.
(2) Limits on Exemption. The exemption does not apply:
(a) To the value of land or to the value of non -housing -related improvements not qualifying
under this chapter.
(b) In the case of rehabilitation of existing buildings, to the value of improvements
constructed prior to submission of the completed application required under this chapter.
(c) To increases in assessed valuation made by the Kitsap County Assessor on nonqualifying
portions of building or other improvements and value of land nor to increases made by
lawful order of a county board of equalization, the Department of Revenue, or Kitsap
County, to a class of property throughout the county or specific area of the county to
achieve the uniformity of assessment or appraisal required by law.
(3) Conclusion of Exemption. At the conclusion of the exemption period, the new or
rehabilitated housing cost shall be considered as new construction for the purposes of Chapter
84.55 RCW.
3.48.060 Project eligibility.
A proposed multifamily housing project must meet all of the following requirements for
consideration for a property tax exemption:
(1) Location. The project must be located within a residential targeted area as provided in
POMC 3.48.040.
(2) Tenant Displacement Prohibited. The project must not displace existing residential tenants
of structures that are proposed for redevelopment. If the property proposed to be rehabilitated
is not vacant, an applicant shall provide each existing tenant housing of comparable size,
quality, and price and a reasonable opportunity to relocate.
(3) Noncompliance with Building Codes. Existing dwelling units proposed for rehabilitation must
fail to comply with one or more standards of the applicable state or city building codes.
(4) Size of Project. The new, converted, or rehabilitated multiple -unit housing must provide for
a minimum of 50 percent of the space (excluding structured parking) for permanent residential
occupancy. The project, whether new, converted, or rehabilitated multiple -unit housing, must
include at least 10 units of multifamily housing within a residential structure or as part of an
Ordinance No. -20
Page 8 of 16
urban development. In the case of existing multifamily housing that is occupied or which has
not been vacant for 12 months or more, the multifamily housing project must also provide for a
minimum of four additional multifamily units for a total project of at least 10 units including the
four additional units. Existing multifamily housing that has been vacant for 12 months or more
does not have to provide additional units.
(5) Proposed Completion Date. New construction of multifamily housing and rehabilitation
improvements must be completed within three years from the date of approval of the
application.
(6) Project performance standards and form. To qualify for a limited exemption from ad
valorem property taxation pursuant to this chapter, the proposed project must meet one of the
following performance standards and forms in addition to meeting all other requirements of
this chapter.
(a) The multi -family housing project must be in a mixed -use shopfront building containing
commercial ground floor uses measuring at least 4,000 square feet or 40% of the building's
footprint, whichever is less; or
(b) The multi -family housing project must be in a building containing at least 4 stories of
residential units and achieving at least 40 units per net acre (gross acreage, less critical areas
and associated buffers). All portions of buildings must contain 4 -stories of multi -family units.
Where buildings step down following topography, each portion of the building must contain 4 -
stories; or
(c) The multi -family project must provide middle housing and be on a parcel/lot measuring less
than 15,000 square feet with between 4-12 multi -family units; or
(d) The multi -family project must provide 100% of any on -site parking below grade.
(7) Additional performance standards for 12 -year tax exemption. To qualify for a 12 -year
limited exemption from ad valorem property taxation, and affordable housing component is
required:
(a) A minimum of 20 percent of all residential units in the development shall be rented for at
least 25 percent below fair market rent for 12 years, to tenants whose household annual
income is:
• At or below 40% of median family income, for housing units in
congregate residences or small efficiency dwelling units;
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Ordinance No. -20
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• At or below 65% of median family income for one -bedroom units;
• At or below 75% of median family income for two -bedroom units; and
• At or below 80% of median family income for three -bedroom and larger
units.
(b) If calculations for the minimum 20 percent of the residential units required under
subsection 1 of this section result in a fraction, then the minimum number of residential units
required to meet the affordable housing requirement shall be rounded up to the next whole
number.
(c) For the purpose of administering this chapter, the Department of Community Development
shall publish annual rent limits and a utility allowance which may be subtracted from the rent
limits required by this chapter. This annual allowance shall be published by July 1 annually,
provided that all relevant data is made available by the Department of Housing and Urban
Development (HUD). If publication of HUD data is delayed, the prior year's limits shall remain
in effect until new data is released. Project owners may choose to include utilities (other than
telephone) in the rent charged or may deduct the annually released utility allowance from the
maximum allowed rent.
3.48.070 Application procedure.
A property owner who wishes to propose a project for a tax exemption shall complete the
following procedures:
(1) The exemption application provided by the city shall be completed and filed with the
department prior to issuance of a building permit for the project. The completed application
shall be accompanied by the application fee as authorized by RCW 84.14.080 and as set forth in
the city's current fee resolution.
(2) The exemption application shall contain and require such information as deemed necessary
by the director, including:
(a) A brief written description of the project, including timing and construction schedule,
setting forth the grounds for the exemption.
(b) Floor and site plans of the proposed project, which may be revised by the owner,
provided such revisions are made and presented to the director prior to the city's final
action on the exemption application.
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Ordinance No. _-20
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(c) For rehabilitation projects, the applicant shall provide a report prepared by a registered
architect identifying property noncompliance with current building codes. This report shall
identify specific code violations and must include supporting data that satisfactorily
explains and proves the presence of a violation. Supporting data must include a narrative
and such graphic materials as needed to support this application. Graphic materials may
include, but are not limited to, building plans, building details, and photographs.
(d) If applying for a 12 -year exemption, it shall include information describing how the
applicant will comply with the affordability requirements set forth in POMC 3.48.040(1)(c).
(e) A statement from the owner acknowledging the potential tax liability when the project
ceases to be eligible under this chapter.
(f) An affidavit signed by the owner stating the occupancy record of the property for a
period of 12 months prior to filing the application.
(g) Verification of the correctness of the information submitted by the owner's signature
and affirmation made under penalty of perjury under the laws of the state of Washington.
3.48.080 Application review — Issuance of conditional certificate — Denial — Appeal.
(1) Director's Decision. The director may certify as eligible an application which is determined to
comply with all applicable requirements of this chapter. A decision to approve or deny an
application shall be made within 90 calendar days of receipt of a complete application.
(2) Approval of Application — Contract Required. If an application is approved, the applicant
shall enter into a contract with the city, regarding the terms and conditions of implementation
of the project, and pursuant to the following:
(a) The contract shall be subject to approval by the city council, in the form of a resolution,
regarding the terms and conditions of the project and eligibility for exemption under this
chapter. This contract shall be a covenant running with the land and shall be binding on the
assigns, heirs, and successors of the applicant.
(b) For any development project including owner -occupied units, the contract with the city
shall also require that an owners' association organized under RCW 64.34.300 be formed
for all owner -occupied units within the development, for at least the length of the
exemption period granted, to assume the responsibility for collecting from all individual
unit owners the information and documents required to complete the annual reporting
requirements and for filing the required annual report with the city for each of the
individual homeowners pursuant to POMC 3.48.120.
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Ordinance No. _-20
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(c) Amendment of Contract. Within three years of the date from the city council's approval
of the contract, an owner may request an amendment(s) to the contract by submitting a
request in writing to the director. The fee for an amendment is as set forth in the city's
current fee resolution. The director shall have authority to approve minor changes to the
contract that are reasonably within the scope and intent of the contract approved by the
city council, as solely determined by the director. Amendments that are not reasonably
within the scope and intent of the approved contract, as solely determined by the director,
shall be submitted to the city council for review and approval. The date for expiration of the
conditional certificate shall not be extended by contract amendment unless all the
conditions for extension set forth in POMC 3.48.090 are met.
(3) Issuance of Conditional Certificate. Upon city council approval of the contract required
under subsection (2) of this section, the director shall issue a conditional certificate of
acceptance of tax exemption. The conditional certificate shall expire three years from the date
of city council approval unless an extension is granted as provided in this chapter.
(4) Denial of Application. If an application is denied, the director shall state in writing the
reasons for denial and shall send notice to the applicant at the applicant's last known address
within 10 calendar days of issuance of the denial.
(5) Appeal. Per RCW 84.14.070, an applicant may appeal a denial to the city council within 30
calendar days of receipt of the denial by filing a complete appeal application and fee, as set
forth in the city's current fee resolution, with the director. The appeal before the city council
will be based on the record made before the director. The director's decision shall be upheld
unless the applicant can show that there is no substantial evidence on the record to support the
director's decision. The city council's decision on appeal will be final.
3.48.090 Extension of conditional certificate.
(1) Extension. The conditional certificate and time for completion of the project may be
extended by the director for a period not to exceed a total of 24 consecutive months. To obtain
an extension, the applicant must submit a written request with a fee, as set forth in the city's
current fee resolution, stating the grounds for the extension. An extension may be granted if
the director determines that:
(a) The anticipated failure to complete construction or rehabilitation within the required
time period is due to circumstances beyond the control of the owner; provided, that
financial hardship, regardless of the cause or reason, shall not be considered by the director
as a circumstance beyond the control of the owner in order to grant an extension;
(b) The owner has been acting and could reasonably be expected to continue to act in good
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Ordinance No. -20
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faith and with due diligence; and
(c) All the conditions of the original contract (and as amended) between the applicant and
the city will be satisfied upon completion of the project.
(2) Denial of Extension. If an extension is denied, the director shall state in writing the reason
for denial and shall send notice to the applicant's last known address within 10 calendar days of
issuance of the denial.
(3) Appeal. An applicant may appeal the denial of an extension to the hearing examiner within
14 calendar days of receipt of the denial by filing a complete appeal application and appeal fee
with the director. The appeal before the hearing examiner shall be processed as a closed record
hearing. No appeal to the city council is provided from the hearing examiner's decision.
3.48.100 Application for final certificate.
Upon completion of the improvements agreed upon in the contract between the applicant and
the city and upon issuance of a temporary or permanent certificate of occupancy, the applicant
may request a final certificate of tax exemption by filing with the director such information as
the director may deem necessary or useful to evaluate the eligibility for the final certificate,
including the following:
(1) A statement of expenditures made with respect to each multifamily housing unit and the
total expenditures made with respect to the entire property;
(2) A description of the completed work and a statement of qualification for the exemption;
(3) The total monthly rent or total sale amount of each multifamily housing unit rented or sold
to date;
(4) A statement that the work was completed within the required three-year period or any
authorized extension;
(5) If a 12 -year exemption, information on the applicant's compliance with the affordability
requirements of this chapter; and
(6) Any additional information requested by the city pursuant to meeting any reporting
requirements under Chapter 84.14 RCW.
3.48.110 Issuance of final certificate.
(1) Director's Decision. Within 30 calendar days of receipt of all materials required for a final
certificate, the director shall determine whether the specific improvements satisfy the
requirements of the contract, application, and this chapter.
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Ordinance No. _-20
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(2) Granting of Final Certificate. If the director determines that the project has been completed
in accordance with this chapter and the contract between the applicant and the city, and has
been completed within the authorized time period, the city shall, within 10 calendar days of the
expiration of the 30 -day review period above, file a final certificate of tax exemption with the
Kitsap County assessor. The director is authorized to cause to be recorded, at the owner's
expense, in the real property records of the Kitsap County department of records, the contract
with the city, as amended if applicable, and such other document(s) as will identify such terms
and conditions of eligibility for exemption under this chapter as the director deems appropriate
for recording, including requirements under this chapter relating to affordability of units.
(3) Denial of Final Certificate. The director shall notify the applicant in writing that a final
certificate will not be filed if the director determines that:
(a) The improvements were not completed within the authorized time period;
(b) The improvements were not completed in accordance with the contract between the
applicant and the city; or
(c) The owner's property is otherwise not qualified under this chapter.
(4) Appeal. An applicant may appeal a denial of a final certificate to the hearing examiner within
14 calendar days of issuance of the denial of a final certificate by filing a complete appeal
application and appeal fee with the director. The appeal before the hearing examiner shall be
processed as a closed record hearing. No appeal to the city council is provided from the hearing
examiner's decision.
3.48.120 Annual compliance review — Reporting.
(1) Within 30 calendar days after the first anniversary of the date of filing the final certificate of
tax exemption and each year for the tax exemption period, the property owner shall be
required to file a notarized declaration with the director indicating the following:
(a) A statement of occupancy and vacancy of the multifamily units during the previous 12
months;
(b) A certification by the owner that the property has not changed use and continues to be
in compliance with the contract with the city and the applicable requirements of this
chapter;
(c) A description of changes or improvements to the property made after the city's issuance
of the final certificate of tax exemption;
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Ordinance No. _-20
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(d) The total monthly rent of each multifamily housing unit rented or the total sale amount
of each unit sold during the 12 months ending with the anniversary date;
(e) A breakdown of the number, type, and specific multifamily housing units rented or sold
during the 12 months ending with the anniversary date;
(f) If granted a 12 -year exemption, information demonstrating the owner's compliance with
the affordability requirements of this chapter, including, but not limited to, the income of
each renter household at the time of initial occupancy or the income of each purchaser of
owner -occupied units at the time of purchase;
(g) The value of the tax exemption for the project; and
(h) Any additional information requested by the city pursuant to meeting any reporting
requirements under Chapter 84.14 RCW.
(2) City staff may also conduct on -site verification of the declaration and reporting required
under this section. Failure to submit the annual declaration and report may result in
cancellation of the tax exemption pursuant to this chapter and shall result in a review of the
exemption per RCW 84.14.110.
(3) If the city issues final tax exemption certificates pursuant to this chapter, the director shall
submit the report required by RCW 84.14.100 to the state Department of Commerce by
December 31st of each year.
3.48.130 Cancellation of tax exemption.
(1) The director may cancel a tax exemption on a property if he/she determines any of the
following:
(a) The owner is not complying with the terms of the contract or this chapter;
(b) The use of the property is changed or will be changed to a use that is other than
residential;
(c) The project violates applicable zoning requirements, land use regulations, building, or
fire code requirements; or
(d) The owner fails to submit the annual declaration and report specified in POMC 3.48.120.
(2) If the owner intends to convert the multifamily housing to another use, the owner shall
notify the director and the Kitsap County assessor in writing within 60 calendar days of the
change in use.
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Ordinance No. _-20
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(3) Cancellation may occur in conjunction with the annual review or at any such time
noncompliance has been determined.
(4) Upon cancellation of the tax exemption, additional taxes, interest, and penalties shall be
imposed on the property, and a priority lien may be placed on the land, pursuant to state law.
(5) Notice of Cancellation. Upon determining that a tax exemption is to be canceled, pursuant
to RCW 84.14.110(2), the director shall notify the owner by mail, return receipt requested.
(6) Appeal of Cancellation. The owner may appeal the determination of cancellation to the
hearing examiner by filing a notice of appeal and appeal fee with the city clerk within 30
calendar days of the date of the notice of cancellation, specifying the factual and legal basis for
the appeal. The appeal shall be heard by the hearing examiner as a closed record hearing. No
appeal to the city council is provided from the hearing examiner's decision.
3.48.140 Conflict of provisions.
If any provision of this chapter is in legal conflict with the provisions of Chapter 84.14 RCW, as
currently adopted or hereafter amended, the provisions of Chapter 84.14 RCW shall apply as if
set forth in this chapter.
SECTION 3. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect five (5) days after the date of publication. A summary
of this ordinance in the form of the ordinance title may be published in lieu of publishing the
ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this day of 2025.
107
Ordinance No. _-20
Page 16 of 16
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte A. Archer, City Attorney Jay Rosapepe, Council Member
PUBLISHED:
EFFECTIVE DATE:
108
Dear Members of the Land Use Committee,
On behalf of the Kitsap Building Association, we appreciate the opportunity to provide input
on the City of Port Orchard's Multi-FamilyTax Exemption (MFTE) program. We want to first
express our strong support for this program and recognize its critical role in helping the city
meet its housing goals.
The 8 -year MFTE has been utilized across Kitsap County to great effect. Because it does not
require rent -restricted affordable units, the 8 -year program offers the flexibility needed for
projects to be financially feasible while still adding valuable housing stock. This broader
eligibility allows for more project viability, increasing housing supply, supporting economic
growth and helping to stabilize local rents through greater availability.
We understand the reasoning behind the additional conditions to qualify for the 8 -year
program and do not think they are overly burdensome.
We strongly recommend that the city reduce the affordability requirement to 20% or below.
This adjustment would better balance the city's affordability goals with the economic
realities of development, allowing the 12 -year program to remain a practical and effective
tool. At this level, the program would still deliver meaningful affordable housing outcomes
without discouraging new construction.
In summary, it is appreciated and encouraging to see the MFTE program resumed. We
accept the conditions placed on the 8 -year MFTE, but keeping the 12 -year requirement at
or below 20% ensures that projects seeking to apply will have a chance to be economically
viable.
Thank you foryour time and consideration of our comments, and for your continued
commitment to policies that support a healthy, balanced housing market in Port Orchard.
Sincerely,
Jamie Clough
Government Affairs Director
Kitsap Building Association
109
Starting Date Jan -25
January 2025
ti Ii iii •-
373
• •
30 38
43
16
February2025
287
33
24
36
18
March 2025
356
43
43
56
11
April 2025
293
26
27
59
21
May 2025
287
53
31
35
15
June 2025
321
34
20
38
29
July 2025
391
61
40
31
18
August 2025
373
20
28
32
19
September 2025
340
28
53
33
28
October 2025
0
0
0
0
0
November 2025
0
0
0
0
0
December 2025
Year Totals To Date
0
0
0
0
0
3021
328
304
363
175
-. .-
.-
Residential SFR
.- •
-.
3021
Multi -Family
328
Commercial
304
Misc
363
Fire
175
Total of All
4191
y:ii 'Aij '.iir r!AYt
-- ..
Sunday
[• I
. .
0
Monday
759
Tuesday
933
Wednesday
1017
Thursday
902
Friday
568
Saturday
14
,1Ii
January
25
February
20
March
25
April
21
May
21
June
22
July
27
August
24
September
24
October
0
November
0
December
0
Averages are inaccurate until the month
is completed.
30
25
20
15
10
5
0
0 100 200 300 400 500
Jan
Feb
Mar
Apr ■
May
Jun
Jul
Aug ■
Sep
Oct
Nov
Dec
Year Summary
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
0
■Residential SFR ■ Multi -Family ■Commercial ■ Misc ■Fire
200 400 600 800 1000 1200
Q� a� `Gr \ as J�o ,J�� J5� mot moo` tea` moo`
�a O es'
<(o P Q� O o oG
So �' O
*Averages are inaccurate until the month is completed.
600
110
II City Building StatkCombined
■ 2024 -Residential SFR ■ 2025 -Residential SFR ■ 2024 -Multi -Family ■ 2025 -Multi -Family ■ 2024 -Commercial ■ 2025 -Commercial ■ 2024 Misc ■ 2025 Misc ■ 2024 Fire ■ 2025 Fire
0 100 200 300 400 500
2024 -Residential SFR
2025 -Residential SFR
January
February
SFR
FR
March
April
May
June
July
August
September
October
November
December
iI SFR
2024-Residen
600
111
Port Orchard Housing Action Plan — June 2023 Page 56
4.3 — Public Land for Affordable Housing
Actions: Consider rezonings, environmental assessments, pre -development activities,
and partnerships to promote use of surplus public land for affordable housing.
The City has a modest amount of surplus publicly -owned land. Some of it is well -located or
positioned to merit consideration for housing development. Considerations for key properties
and strategies are described in this section. Other public lands (such as those owned by Kitsap
County, the Port of Bremerton, and other agencies) could be reviewed in the future.
4.3.1 — Disposition Policy
Formally adopt a surplus land disposition policy that gives the right -of -first -refusal to affordable
housing developers or other community -determined uses, consistent with the allowances of
RCW 39.33.015 (note that some modifications to the affordability provisions of the statue were
made in 2023 under House Bill 1695). The policy could be adopted by City Council resolution
and embedded within the Comprehensive Plan's Housing Element (also see Strategy 4.2).
1.3.2 — Land Acquisition
The cost of land can be a major cost for any housing development, and providing a discounted
land lease or sale can help some projects become economically viable. Since the City does not
have much surplus land, the City can identify and purchase underutilized or vacant properties
that can be developed as affordable housing. Land assembly can be a powerful tool for putting
together larger sites that can be redeveloped at a more economically feasible scale.
This strategy could be focused on close -in locations (e.g. Downtown and the Bethel Avenue and
Mile Hill Drive corridors) where land ownership is fragmented. Port Orchard may also focus on
vacant, abandoned, or tax -delinquent properties. These sites usually have negative impacts on
surrounding properties and the City's role would include resolving ownership issues and/or
addressing tax liens or land encumbrances that otherwise deter developers from pursuing these
properties.59
Once acquired and assembled, Port Orchard would lease or sell the land for affordable housing.
See the related need for a land disposition policy in Strategy 4.4.1
4.3.3 — Tremont/Pottery Roundabout Property (Parcel 342401-4-016-2001 &
342401-4-015-2002)
This is a one -acre vacant site within the Tremont Center and zoned Commercial Mixed Use.
The site could be viable for townhomes or multifamily development with a small commercial
component, potentially leveraging new single stair provisions (see Strategy 2.4.7). It is eligible
for the Type 1 and Type 3 MFTE programs, which could improve the feasibility of affordable
housing on the site.
While Tremont Street is newly rebuilt with pedestrian and bike infrastructure, the general area is
not walkable to services besides gas stations, medical offices, and schools. This and parking
59 "Support the Reuse of Abandoned, Vacant, & Delinquent Properties." Family Housing Fund.
https://www.fhfund.orci/report/reuse-of-abandoned-properties/
112
Port Orchard Housing Action Plan — June 2023 Page 57
requirements will require a significant portion of the site be dedicated to surface parking, limiting
the housing capacity of the site. Some amount of structured parking might be economically
feasible with the savings from a discounted land transfer, though the site's irregular shape could
make efficient parking layouts a challenge. Parking could potentially be shared with the
healthcare facility directly behind the site to the north.
Development could fully or partially vacate Alder Lane, which is City right-of-way and does not
serve any other properties (any utilities may need to be relocated). The site could also
potentially expand by acquiring part of the adjacent healthcare facility site if there is
underutilized parking there; that site is zoned as Public Facilities which does not allow any
residential land uses.
V*_ • I!1711 Legend
City -Owned Parcels
Other Parcels
ii ..f , '
k 2.
}
Figure 20. City owned property at the Tremont and Pottery Roundabout
1.3.4 — Mitchell Avenue Property (Parcel 252401-3-045-2009)
This is a 1.7 acre forested site within the Lower Mile Hill Center and it is zoned R4, which allows
up to four-story buildings. The site boundary has a small cutout of R3 zoning where there is a
cell phone tower. The site could be viable for townhomes or multifamily development. The site is
across the street from South Kitsap High School and could be an ideal location for family
housing (units with two or more bedrooms). It is eligible for the Type 1 MFTE program, which
could improve the feasibility of affordable housing on the site.
The site is moderately sloped, with a 70 feet elevation difference between the top and bottom of
the property (a horizontal distance of 240 feet). Significant tree standards and topography may
add construction costs and reduce housing capacity, but the economic feasibility may also be
113
Port Orchard Housing Action Plan — June 2023 Page 58
Figure 21. City owned property off of Mitchell Avenue
improved with the savings from a discounted land transfer. A recent study by Portland State
University suggested an increase of 40-50% in development costs for affordable housing built
on sites of 20% slope or more.60 The site could potentially be configured with two separate
clusters of buildings at the top and bottom of the hill. The site is bordered to the west and north
by strips of undeveloped City right-of-way, which could be vacated to expand the site and/or
provide access solutions.
The site could also potentially expand by acquiring one or more of the adjacent parcels,
particularly off Bethel Avenue, to increase circulation options and improve economies of scale.
The adjacent commercial properties are either vacant or have low -value improvements, they are
zoned Gateway Mixed Use, and they are within the Downtown Height Overlay District 5 which
allows up to five -story buildings.
Legend
City -Owned Parcels
Other Parcels
60"°Impact of Slope on Housing Development Costs." Portland State University. 2010.
https://www. pdx.edu/realestate/sites/g/files/znldhr325l/files/2020-
10/01 impact of slope on development SU20 p2.pdf
Note: This study also has other useful data on the impact of slope on development costs for various building types
114
Site Number
Site Name
Description
Address 1
004
BOAT RAMP -LAUNCH
GROUP OF LAND IMPROVEMENTS
535 BAY ST
005
BRAVO TERRACE SEWER PUMP STATION
GROUP OF LAND IMPROVEMENTS
505 SEDGEWICK RD
007
BUILDING WELL 6/DISTLIN BASIN
GROUP OF LAND IMPROVEMENTS
200 MAPLE AVE
008
CEDAR HEIGHTS SEWER PUMP STATION
GROUP OF LAND IMPROVEMENTS
2210 POTTERY AVE
009
PUBLIC WORKS SHOP
GROUP OF LAND IMPROVEMENTS
1535 VIVIAN COURT
009
PUBLIC WORKS SHOP
ELECTRIC VEHICLE CHARGING STATION
010
CITY HALL
GROUP OF LAND IMPROVEMENTS
216 PROSPECT ST
010
CITY HALL
CHIHULY INSPIRED CHANDELIER
216 PROSPECT STREET
012
EAGLE CREST SEWER PUMP STATION
GROUP OF LAND IMPROVEMENTS
1091 EAGLE CREST PL
013
FLOWER MEADOWS SEWER PUMP STATION
GROUP OF LAND IMPROVEMENTS
345 FLOWER MEADOW
014
GIVENS PARK RESTROOMS
GROUP OF LAND IMPROVEMENTS
1025 TACOMA AVE
015
GOLDEN POND SEWER PUMP STATION
GROUP OF LAND IMPROVEMENTS
385 GOLDEN POND ST
016
HARRISON SEWER PUMP STATION
GROUP OF LAND IMPROVEMENTS
444 S KITSAP BLVD
017
LIBRARY
GROUP OF LAND IMPROVEMENTS
87 SIDNEY AVE
018
LOWES SEWER LIFT STATION
GROUP OF LAND IMPROVEMENTS
150 SW SEDGWICK RD
020
MCCORMICK WELL FIELD NO. 11
GROUP OF LAND IMPROVEMENTS
5171 ST ANDREWS DR
021
MCCORMICK WOODS SEWER PUMP STATION NO.1
GROUP OF LAND IMPROVEMENTS
1190 SW OLD CLIFTON RD
022
MCCORMICK WOODS SEWER PUMP STATION NO.2
GROUP OF LAND IMPROVEMENTS
3011 SW OLD CLIFTON RD
023
MORTON STREET WATER TANK, 90,000 TANK
GROUP OF LAND IMPROVEMENTS
1701 ANNIE'S PL
027
PUMP STATION -CITY HALL/WELL NO.4 DISTLIN BASIN
GROUP OF LAND IMPROVEMENTS
540 BAY ST
029
PW STORAGE - SOUTH SHED
GROUP OF LAND IMPROVEMENTS
2051 SIDNEY AVE
030
RESERVOIR -1,000,000 GAL
GROUP OF LAND IMPROVEMENTS
1292 LLOYD PARKWAY
031
RESERVOIR -1 25,000 GAL
GROUP OF LAND IMPROVEMENTS
2061 SIDNEY AVE
034
RESERVOIR-MCCORMICK WDS-450,000 GAL
GROUP OF LAND IMPROVEMENTS
4807 SW OLD CLIFTON RD
035
RESTROOMS-CNTRL PLAYFIELD
GROUP OF LAND IMPROVEMENTS
915 DWIGHT ST
037
THE RIDGE II SEWER LIFT STATION
GROUP OF LAND IMPROVEMENTS
2476 SW SISKIN CIRCLE
038
THE RIDGE III LIFT STATION
GROUP OF LAND IMPROVEMENTS
4383 RIFLEBIRD PL
040
WELL #7
GROUP OF LAND IMPROVEMENTS
500 WEST AVE
041
WELL #8
GROUP OF LAND IMPROVEMENTS
2514 SIDNEY AVE
042
WELL #9 VAN ZEE PARK
GROUP OF LAND IMPROVEMENTS
300 TREMONT STREET
043
WELL #10
GROUP OF LAND IMPROVEMENTS
1778 MITCHELL PT BEACH DR
044
ALBERTSON'S LIFT STATION
GROUP OF LAND IMPROVEMENTS
350 SW SEDGWICK RD
045
CEDAR CANYON LIFT STATION
GROUP OF LAND IMPROVEMENTS
512 CEDAR CANYON PL
046
ELECTRIC CAR CHARGING STATION
ELECTRIC CAR CHARGING STATION
TWO STATIONS (LOT 2)
048
POTTERY LIFT STATION
GROUP OF LAND IMPROVEMENTS
2014 POTTERY AVE
050
BLACKJACK CREEK MULTI -MODAL BRIDGE
GROUP OF LAND IMPROVEMENTS
1301 AREA BAY ST
056
MCCORMICK MEADOWS LIFT STATION
GROUP OF LAND IMPROVEMENTS
4151 LONE BEAR LANE SW
057
MCCORMICK VILLAGE PARK
GROUP OF LAND IMPROVEMENTS
3201 SW OLD CLIFTON ROAD
057
MCCORMICK VILLAGE PARK
SPLASH PAD AT MCCORMICK VILLAGE PARK
3201 SW OLD CLIFTON ROAD
058
DOWNTOWN MARQUEE (CITY OWNED)
MARQUEE
DOWNTOWN BAY STREET
059
ELDON TRAILS
ELDON TRAILS SEWER PUMP STATION - NO BUILDING
4888 CASTELTON ROAD SW
CENTRAL PARK RETAINING WALL
915 DWIGHT
ETTA TURNER PARK/BLACKJACK CREEK PARK
1301 BAY STREET AREA
EMPLOYEE PARKING LOT (GRAVEL)
213 & 215 PROSPECT STREET
LIGHT STANDARDS -29
VARIOUS
SIGNAL CONTROL BOXES -6
VARIOUS
SIGNAL LIGHTS -6
VARIOUS
HENRICKSON PROPERTY DONATION
PARK USE
MCCORMICK VILLAGE PARK RESTROOMS
3201 SW OLD CLIFTON ROAD
MCCORMICK STORM POND-MUIRKIRK
NORTH LAKE AT MW
MCCORMICK STORM POND- THE RIDGE
RIDGE AT NW DIV 1
MCCORMICK STORM POND-HAWKSTONE
HAWKSTONE AT MW
MCCORMICK STORM POND-DIV 3 RIFLEBIRD
RIDGE AT MW DIV 3
MCCORMICK STORM POND-DIV 3N ENTRANCE RIFLEBIRD
RIDGE AT MW DIV 3
MCCORMICK STORM POND-RUFFERFORD
RUTHERFORD AT MW
MCCORMICK STORM POND-MCCORMICK
5171 ST ANDMCWS
MCCORMICK STORM POND-MCCORMICK AND DUN RAVEN
MW DIV 10
MCCORMICK MEADOWS DIV 1 SEWER LIFT STATION
4151 LONE BEAR LANE SW
640 BAY STREET
640 BAY STREET
VICTORY ART SCULPTURE
NE CORNER OF SEGMENT 5 BAY ST PATHWAY
BRIDGE AT MCCORMICK WOODS VILLAGE PARK
3201 SW OLD CLIFTON ROAD
FOOT BRIDGE AT MCCORMICK VILLAGE PARK
3201 SW OLD CLIFTON ROAD
ROCKWELL PARK
1100 BLOCK OF BAY STREET