HomeMy WebLinkAboutNovember 4, 2025 Planning Commission Meeting Packet171. Meeting Location: Contact us:
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Port Orchard, WA 98366 cityhall@portorchardwa.gov
www.portorchardwa.gov
Planning Commission
Planning Commission Regular Meeting
Tuesday, November 4, 2025
6:00 PM
Attendees and Planning Commissioners may attend in person at City Hall or via Zoom
Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the Planning Commission is
conducting its public meeting in a hybrid format with options for in -person attendance in the
Council Chambers at City Hall or remote viewing and participation via Zoom (link below).
Link: https://us02web.zoom.us/j/86180242823
Zoom Call -In: 1 253 215 8782
Webinar ID: 8618024 2823
1. Call to Order
A. Pledge of Allegiance.
2. Welcome and Introduction.
Planning Commission and City Staff Introductions.
3. Audience Comments.
Topics not listed for public hearing on tonight's agenda.
Please limit comments to 3 minutes.
4. Approval of Minutes: October 7, 2025
5. Business Items
A. PUBLIC HEARING: Co -Living Housing, HB 1998 (Attachment)
Public Hearing on proposed amendments to Port Orchard Municipal Code, 20.12,
20.32, 20.39 and 20.124.140 as part of the implementation of the House Bill 1998.
Staff Contact: Jim Fisk, AICP, Principal Planner
B. PRESENTATION: Tree Canopy Ordinance
The City of Port Orchard is considering amendments to the Port Orchard Municipal
Code to comply with requirements associated with National Pollutant Discharge
Elimination System (NPDES) in regulation of the City of Port Orchard Municipal
Separate Storm Sewer Systems (MS4s).
November 4, 2025 Meeting Agenda
C. DISCUSSION: Landscaping — POMC 20.128 (Attachment)
The City of Port Orchard is considering amendments to Port Orchard Municipal Code
20.128 to
update and clarify development standards and approval process related to required
landscaping
6. Director's Report
Update to the Planning Commission on recent related to past and upcoming Planning
Commission activity.
Staff Contact: Nick Bond, AICP, Community Development Director
7. Good of the Order
8. Adjourn
9. Next Planning Commission Meeting: December 2, 2025
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November 4, 2025 Meeting Agenda
2
CITY OF PORT ORCHARD
Planning Commission Minutes
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 • Fax: (360) 876-4980
Planning Commission Meeting Minutes
October 7, 2025
Hybrid Meeting — Council Chambers/Zoom Teleconference
COMMISSIONERS:
Present: Tyler McKlosky (Chair), Annette Stewart (Vice Chair), Stephanie Bailey, Paul Fontenot,
Tiffiny Mitchell, Joe Morrison, Wayne Wright
Absent:
STAFF:
Community Development Director Nick Bond, Principal Planner Jim Fisk, Associate Planner Connor
Dahlquist, Planning Intern Fitzhugh Bethea
1. CALL TO ORDER: Commissioner McKlosky called the meeting to order at 6:00 p.m. and led the
Pledge of Allegiance.
2. WELCOME AND INTRODUCTIONS
3. PUBLIC COMMENTS: There were no members of the public present in the chamber or attending
remotely.
4. APPROVAL OF MINUTES FROM JULY 1ST, 2025: Chair McKlosky asked the commission if they had
reviewed the minutes of July 1St and if there were any additions or corrections to be made, seeing none, a
motion was entertained to approve the minutes. The motion (McKlosky/Stewart) was approved with six
in favor and one abstention (Wright).
5. BUSINESS ITEMS
A. DISCUSSION: Critical Areas Ordinance — POMC 20.162
Principal Planner Fisk provided an update to the City's efforts to amend the Critical Areas
Ordinance as an ongoing part of the 2024 Comprehensive Plan implementation, as well as to align
with scientific practices and the Growth Management Act. He provided a brief timeline of actions
taken by the commission, with the most significant being the public feedback matrix originating
from February's commission meeting. He highlighted the changes made to the critical area
verification process. This was done to allow the city to assess critical areas reports absent a
permitting process and allow property owners to better assess development feasibility. Other
revisions include code sections reorganized for clarity; wetland buffer standards updated to
Department of Ecology guidance; modernization of wetland mitigation hierarchy; change of the
term stream buffer to riparian management zone to match with Department of Fish and Wildlife
terminology; the updating of riparian management zone standards to meet or exceed minimums.
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Fisk also informed the Commission that the City had sent a draft of the updated code to the
Washington Department of Commerce on September 12th to be reviewed. A SEPA Determination
of Non -significance was issued by the City that same day.
Fisk then asked the Commission to open the meeting to public comment about the ordinance
changes. Upon the Commission's recommendation, the ordinance would be brought before the city
council for approval at their November 18th meeting.
Chair McKlosky asked the commissioners for their comments
Commissioner Wright informed the professional staff of one suspected typo in the ordinance and
then commended the staff for their work.
Chair McKlosky opened the floor for public hearing. Being that there were no comments the
hearing was closed.
Commissioner Mitchell introduced a motion to recommend the ordinance to City Council, Vice
Chair Stewart seconded, and the motion was approved unanimously.
B. Co -Living
Principal Planner Fisk presented proposed amendments to the Port Orchard Municipal Code to
comply with HB 1998 from March 2024. HB 1998 requires cities to allow co -living housing in
areas where they allow mixed use and at least 6 multifamily units. Co -living is defined as
individually rented, lockable sleeping units with private sleeping and living space but shared
kitchen facilities. HB 1998 directs cities to treat co -living equitably in design and review standards
and thus must be permitted on any lot that allows six or more multi -family units. The city cannot
impose more restrictive requirements for unit configuration or room size than the state. No off-
street parking can be required within distance of a major transit stop and no more than 0.25
parking spaces can be required per sleeping unit. Cities have until the end of 2025 to update their
regulations regarding co -living. If cities do not, the state laws will apply to any conflicting
requirements. Four Chapters of the municipal code (POMC 20.12 — Definitions, 20.32 — Building
Types, 20.39 — Use Provisions, and 20.124 — Parking and Circulation) are proposed to be modified
to clarify definitions, provide development standards to comply with HB 1998. Public testimony
on these changes will be heard on November 4th, with the proposed changes to be presented to City
Council at their November 18th meeting.
Commissioner Wright asked Principal Planner Fisk to clarify the difference between a hotel and
co -living facilities. Fisk clarified that units may only have a kitchenette but are not required to.
They will be permitted in R3, R4, R5, Mixed Used and Commercial districts. Wright followed up
by asking about parking requirements to which Fisk said that parking is not required. Fisk further
elaborated that the current code allowed for similar housing called "congregate living" in certain
arears with conditional use permits, but that the additional location criteria currently in the
definition of congregate living would no longer be applicable. Wright asked for further
clarification as to how co -living differentiated from adult care facilities. Fisk explained that care
facilities are intended to require onsite care, which is not required for co -living.
Page 2 of 3
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Commissioner Mitchell asked Fisk to explain the changes to congregate living. Fisk explained that
congregate living, among other similar uses, was changed to align with the state requirements for
co -living.
Commissioner Wright then raised the point that the congregate care facilities section was struck.
Fisk then explained that because of very recent feedback from legal the commission had not been
provided with the current rendition of changes. Fisk apologized for the oversight and indicated the
Commission would be provided with the current version by the next day.
C. Directors Report
Community Development Director Bond announced that the public works department will attend
the November meeting to discuss tree canopy changes to align with the federal requirements put in
place by the city's stormwater permits.
Community Development Director Bond also reported that Kitsap Bank and Heritage Bank are
merging. As such there would no longer be a bank headquarters being developed in Port Orchard
and that Kitsap Bank were seeking to find another developer to continue with the project in their
place.
Commissioner Wright asked if this was the same building as the community center, to which
Director Bond clarified that that was going to be the building next to it and this merger would not
affect the community center.
Commissioner Fontenot asked for further details on what the plans were for the site. Director Bond
said that Kitsap Bank were seeking developers to sell the sites only to those that wanted to develop
the land into something useful for the city.
Commissioner Stewart inquired that, now that ivy had been declared invasive, were there any
plans to remove it. Director Bond stated that he has not heard anything from public works on the
issue.
ADJOURN: Commissioner McKlosky adjourned the meeting at 6:32 pm.
Tyler McKlosky, Chair
Nick Bond, AICP, Community Development Director
Page 3 of 3
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CITY OF PORT ORCHARD
DEPARTMENT OF COMMUNITY DEVELOPMENT
216 Prospect Street, Port Orchard, WA 98366
Ph.: (360) 874-5533 • FAX: (360) 876-4980
PLANNING COMMISSION STAFF REPORT
Agenda Item No: 5(a) Meeting Date: November 4, 2025
Co -living Ordinance (HB 1998) Prepared by: Nick Bond, AICP, Development
Subject: Public Hearing Director
Issue: In March 2024, House Bill 1998 defined co -living housing as a residential development composed of
individually rented sleeping units that include private living and sleeping space, while sharing kitchen
facilities among residents. This housing type is intended to offer affordable rental options for moderate- to
low-income individuals without relying on public subsidies. Co -living housing has historically served as an
entry point into the private rental market, particularly for single -person households, seniors, and
individuals seeking a more social or cost-effective alternative to traditional rentals.
The legislation recognizes co -living housing as a potential solution to Washington's housing affordability
crisis. It highlights the housing type's suitability for adaptive reuse of existing buildings, and its potential to
reduce demand for family -sized units and alleviate pressure on subsidized housing. HB 1998 requires
jurisdictions to remove regulatory barriers and enable the development of co -living housing as part of a
broader strategy to expand housing choices.
House Bill 1998 mandates that cities like Port Orchard must permit co -living housing on any lot that allows
at least six multifamily residential units, including those zoned for mixed -use development. Co -living
housing is defined as a residential development consisting of individually rented, lockable sleeping units
that share kitchen facilities.
To facilitate the development of co -living housing, the City cannot impose requirements that exceed state
building code standards for room sizes, unit configurations, or mixed -use components. Additionally, parking
requirements are limited: within a half -mile of a major transit stop, cities may not require off-street
parking, and elsewhere, they may not require more than 0.25 spaces per sleeping unit. The City of Port
Orchard addressed parking requirements in June 2025 with the adoption of the Middle Housing Ordinance
(HB 1110), but additional amendments should be made to create the distinction between dwelling units
and sleeping units. Co -living housing must also be treated equitably in terms of development standards and
review procedures. In Port Orchard's case, this means that co -living is either a permitted use or not,
Conditional Uses will not be required for this type of development.
Importantly, jurisdictions may not count a co -living sleeping unit as more than one -quarter of a dwelling
unit for density calculations, nor more than one-half for sewer connection fees. For instance, the unit
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density of a lot in the Residential 3 (R3) district is six, resulting in a co -living development in an R3 district
which cannot exceed 24 sleeping units.
In compliance with HB 1998, the City of Port Orchard must adopt amended zoning and development
regulations by ordinance no later than December 31, 2025. If the City does not act by that deadline, the
provisions of HB 1998 will automatically override any conflicting local regulations. Any action taken by the
City to comply with this law is shielded from legal challenge under the Growth Management Act and SEPA.
Staff included a redline version of POMC 20.12 — Definitions, 20.32 — Building Types, 20.39 — Use Provisions,
and 20.124 — Parking and Circulation for Planning Commission review at the October 7 Planning
Commission meeting. In whole, these amendments satisfy the minimum requirements of HB 1998 while
setting guardrails to avoid the circumvention of development standards of multifamily development. These
standards are based on the Department of Commerce's guidance for co -living. The proposed amendments
are summarized as follows:
• 20.12 — Definitions: Clarification of what qualifies as co -living and ensuring co -living doesn't
circumvent regulations intended for multifamily developments.
• 20.32 — Building Types: Clarification that apartments consist of seven or more dwelling units. This
amendment provides consistency with the Middle Housing Ordinance.
• 20.39 — Use Provisions: The proposed amendments to POMC 20.39 consolidate previously defined
"group living" uses, such as boarding houses and dormitories, into a unified "co -living" category
under new Section 20.39.115. Additionally, clarification of the minimum number of dwelling units
required as multifamily use in mixed -use buildings.
• 20.124 — Parking and Circulation: Introduction of a new use in 20.124.140 to distinguish "sleeping
units" from "dwelling units".
Staff has made a few minor clarifications to the previously reviewed code amendments. Most of the
original content remains unchanged, but the following updates are worth noting:
• POMC 20.12 — Congregate Living Facility: The definition will remain in place, but location -based
criteria are proposed for removal to avoid conflict with HB 1998.
• POMC 20.12 — Congregate Care Facility: A new definition has been added, aligned with the Standard
Industrial Classification system, to distinguish it clearly from "Congregate Living Facility."
• POMC 20.12 — Definitions Chapter Navigation: Each letter now has its own section to improve
usability. This change allows users to jump directly to the relevant portion without excessive
scrolling.
• POMC 20.32 — Apartment Unit Threshold: The minimum number of units required to classify a
building as an apartment has been reduced from seven to six.
• POMC 20.12 and 20.100 — Multifamily Development Definition: Updated from "seven or more" to
"six or more" dwelling units. This change ensures consistency with HB 1998, which mandates co -
living in zones permitting six or more units. The previously proposed alignment with HB 1110
inadvertently created a conflict.
• POMC 20.39.040 — Mixed -Use Buildings: Clarified that multifamily use in mixed -use buildings may
begin at two dwelling units. This is noted via a footnote and applies only in zones where mixed -use
buildings are permitted.
2
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POMC 20.39.100(5) — Multifamily Clarification: Further clarification added regarding the minimum
unit count required for multifamily designation in mixed -use buildings.
Following the Planning Commission's review of the proposed amendments at the October meeting, the
City's SEPA Responsible Official issued a Determination of Non -Significance (DNS) and transmit the
proposed amendments to the Washington State Department of Commerce for the required review period
on October 8, 2025. As of the date of this report, the Department of Community Development received one
comment from the Department of Commerce related to the proposed amendments — asking that a
reference to RCW 36.70A.535(11) be included to address major transit stops.
In preparation for Planning Commission action for tonight's hearing, staff properly noticed a public hearing
for the November 4, 2025 Planning Commission meeting consistent with the requirements of POMC 20.25.
After taking public testimony and deliberating, the Planning Commission is expected to forward a
recommendation to the City Council. Final City Council action is tentatively scheduled for November 18,
2025, following the completion of the Department of Commerce's expedited review period and the
expiration of the SEPA appeal period.
Attachments: Ordinance with Exhibits:
• Exhibit "A" Section 20.12 - "Definitions"
• Exhibit "B" Section 20.32.010 - "Building Type Descriptions"
• Exhibit "C" Section 20.39.040 - "Use Table"
• Exhibit "D" Sections 20.39.100 and 20.39.110 - "Household living" and "Group living"
• Exhibit "E" Section 20.39.115 (New) - "Co -living"
• Exhibit "F". Section 20.124.140 - "Parking quantities"
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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
11120853.1 - 366922 - 0021
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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"
11120853.1 - 366922 - 0021
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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:
11120853.1- 366922 - 0021
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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"
11120853.1 - 366922 - 0021
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Exhibit A
11119443.3 - 366922 - 0021
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11119443.3 - 366922 - 0021
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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.
11119443.3 - 366922 - 0021
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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
11119443.3 - 366922 - 0021
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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
11119443.3 - 366922 - 0021
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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
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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,
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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
11119443.3 - 366922 - 0021
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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 Q -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 19.2E 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.
11119443.3 - 366922 - 0021
48
"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,
11119443.3 - 366922 - 0021
49
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.
11119443.3 - 366922 - 0021
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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
11119443.3 - 366922 - 0021
51
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.
11119443.3 - 366922 - 0021
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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.
11119443.3 - 366922 - 0021
53
11119443.3 - 366922 - 0021
54
Exhibit B
11119460.3 - 366922 - 0021
55
11119460.3 - 366922 - 0021
56
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,
11119460.3 - 366922 - 0021
57
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.
11119460.3 - 366922 - 0021
58
(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.
11119460.3 - 366922 - 0021
59
(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
60
(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
61
(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
62
(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
63
(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
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Exhibit C
65
66
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
67
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
68
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
69
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
70
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
71
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
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
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
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
(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
74
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
75
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
76
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
77
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
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
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
79
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
80
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
81
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
82
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:
83
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
84
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.
85
Exhibit D
11119451.2 - 366922 - 0021
86
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
87
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
88
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
89
(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
90
(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
91
(hf) Independent living facility; and
(kg) Skilled nursing care facility. - -
11119451.2 - 366922 - 0021
92
Exhibit E
11120859.1- 366922 - 0021
93
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
94
Exhibit F
95
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 4 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
97
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 ROW 36.70A.535(11)
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Resilience: How Tree Ca
Supports Stormwater Go
Orchard
Nis in Port
An overview of NPDES requirements, mapping progress, and environmental impact
What is the NPDES
Permit?
https://www.epa.gov/npdes/npdes-permit-basics
01
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NPDESTree Canopy Requirements
NEW REQUIREMENT DUE DECEMBER 31, 2028
Adopt and implement
tree canopy goals and
policies to support
stormwater
management
Consider how existing or
future tree canopy can
support stormwater
management and water
quality improvements in
receiving waters
Establish a long-term (5-
10yrs) goal of canopy,
existing or future projection
to be used for stormwater
management on City -owned
properties
Specific considerations
shall include maintaining or
increasing canopy in
overburdened communities
and maintaining existing
mature canopy
Western Washington Phase II Municipal Stormwater Permt
WhyTree Canopy Matters for Stormwater
Urban Tree Canopy = Natural Stormwater Infrastructure
• Trees intercept rainfall, reduce runoff, and improve
water infiltration
• Canopy cover helps filter pollutants and cool urban
environments.
• Tree roots stabilize soil and reduce erosion
Ecological Benefits
• Improves water quality in receiving waters
• Supports habitat and biodiversity
• Enhances community resilience to climate change
', b
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Soak up the Rain: Trees Help Reduce Runoff
102
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duare fee
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•
A single tree can store over 100 gallons of water, and in
communities, this can lead to a 2-7% reduction in annual
runoff, resulting in cost savings on drainage systems.
Studies show that combining trees with natural
landscaping can reduce storm runoff by up to 65%, with
some areas retaining 100% of rainfall on -site.
Tree Canopy Mapping
i
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Public Works is utilizing available existing data to map tree
canopy to support stormwater management on City -owned
properties
Step 1
Identify Tree canopy
in Port Orchard
overlaying GIS date
with NearMap's trei
canopy data
Step 3
Inventory tree
canopies that are
located in riparian
corridors, bioretention
areas, erosion prone
areas and MS4
tributary basins
Step 2
Measure total canopy
coverage, tree height
and density, and how
trees relate to
)avement and drainage
areas.
Step 4
Use the results to aid
in city planning,
stormwater projects,
and tree planting and
preservation goals
104
Tree Canopy
Mapping Progress
Tools Used: GIS Data + Nearmap
Imagery
• 169.2 acres of tree canopy
mapped within the City
right-of-way
• Provides a baseline to aid in
planning tree canopy
policies and goals that
support stormwater
management
Next Steps
• Map canopy on City -owned
properties
• Catalog tree species
diversity
• Analyze canopy's impact on
stormwater
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From VUbLIC worKs to P,inninc
Turning Data into Policy for a Greener Future
Bridging Data Why this Col
and Policy Matters fc
Public Works set the stage by
mapping canopy, identifying
gaps, and supporting NPDES
goals. Planning now moves it
forward by turning data into
policy, setting long-term
goals, and strengthening
development standards.
Tree canopy must be more
than a metric —it should be
protected, expanded, and
thoughtfully integrated into
future growth. Aligning
infrastructure and land use
decisions with stormwater,
climate, and equity goals
ensures that canopy planning
delivers lasting environmental
and community benefits.
This transition strengthens
continuity between
departments, ensuring that
technical data informs
planning decisions. By working
together, Public Works and
Planning support a unified
vision for sustainable growth
and resilient stormwater
management.
Port Orchard Municipal Code
20.129 - Significant Trees
Incentives for Preservation
of Significant Trees
Establishes incentives for preserving
significant trees, requires replacement
when removed, and aims for citywide
preservation of significant trees
Clear Definitions for
Consistent Application
Applies to development proposals and
land -disturbing activities, with
definitions for what constitutes a
significant tree to ensure consistent
application
Mandatory Replacement
& Mitigation
Sets mandatory replacement ratios and
mitigation requirements whenever
significant trees are removed to offset
environmental and aesthetic impacts.
Construction -Period
Tree Protection
Encourages retention where feasible and
construction -period protection measures
(tree protection zones, fencing,
avoidance of root damage) for trees
associated with development
Planting Standards for
Long -Term Canopy
Includes replacement tree requirements
and planting specifications for
development intended to maintain
long-term canopy and ecological benefits
ORCHARD
®R
107
LJnIrIc�
Equivalency
Replacement does not ensure mature
canopy equivalency. The code relies on
replacement ratios for removed significant
trees but does not guarantee that
replacement plantings will deliver equal
mature canopy area or ecological function
over time.
Protection
Weak protections for retained trees beyond
construction. Protections are concentrated
on construction -period measures with
limited mechanisms to prevent delayed
damage from post -construction grading,
utilities, or site changes that reduce
long-term survival
Ah T Ah
Monitoring
:iuis
Lack of long-term monitoring and
maintenance requirements. The chapter
requires replacement plantings but
contains weak provisions for long-term
survival monitoring, maintenance
schedules, and enforcement to ensure new
trees reach maturity
Diversity
Limited requirements for species choice,
size, and diversity. Replacement and
planting specifications do not strongly
require larger stock, native species, or
species diversity that accelerate canopy
development and increase resilience to
pests and climate stress.
Expansion
Insufficient emphasis on strategic canopy
expansion. Standards focus on mitigating
losses rather than proactive, prioritized
planting to expand canopy where heat
islands, stormwater needs, or equity
considerations demand it
Require and maintain a minimum tree canopy within the
MVOD Tree
Canopy
Standards
POMC 20.38.280
A
U
McCormick Village Overlay District to preserve
neighborhood character and environmental benefits
Establishes a specific minimum percent tree canopy to be
provided or retained on development sites within the
MVOD
Directs canopy planting to be integrated with site layout,
streetscapes, parking areas, and open spaces to
maximize shade and visual screening
Prioritizes on -site retention of existing canopy and
requires replacement plantings where canopy is lost due
to development
Requires tree protection during construction and sets
expectations for installation standards and ongoing
maintenance of canopy plantings
Municipal Code 2O.38.280 __
• ` f.• r McCormick Villa e Overly District Tree Can(
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•, , Legend October 2025
• i �
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- , �;r. ;.�+ • A McCormick Village Overlay District
} �`• • •� ++ Tree Canopy
250 500 1,000 Feet'
110
MVOD TREE CANOPY STANDARDS -
Limitations
Uj
Emphasizes minimum on -site coverage over long-term canopy outcomes. The standard requires a
percent canopy but does not ensure replacement plantings or retained trees will achieve equivalent
mature canopy or ecosystem functions over time
01
Insufficient post -planting monitoring and maintenance requirements. The section lacks strong,
U�2 long-term survival monitoring, maintenance obligations, and enforcement mechanisms to ensure new
trees reach maturity
Limited strategic targeting for canopy expansion. Standards focus on site -level compliance rather
' 3 than prioritizing plantings in heat -vulnerable, stormwater-sensitive, or equity -priority areas to
maximize public benefit
Weak provisions for tree size, species diversity, and stock quality. The rules do not strongly require
' LF larger initial caliper, native species, or diversity that speed canopy development and build resilience
to pests and climate stress
5
Narrow protection window around development. Protections center on construction period measures
with few mechanisms to prevent delayed or cumulative impacts from utilities, grading, or later site
alterations that reduce long-term survival
111
Canopy Counts for Clean Water
Summarizing Progress, Gaps, and the Path Forward
Tree Canopy is Natural
Infrastructure
• Trees intercept rainfall, reduce
runoff, and improve water quality
• They are essential to climate
resilience and ecological health
Port Orchard is
Making Progress
• 169.2 acres of canopy mapped in
City right-of-way
• Laying groundwork for NPDES
compliance and long-term planning
But Gaps Remain
• Weak long-term maintenance and
monitoring.
• Limited strategic planting in high -need
areas.
• Replacement trees may not match mature
canopy function
Next Steps
• Complete canopy mapping on City -owned
properties.
• Set measurable canopy goals.
• Strengthen code for long-term outcomes.
• Prioritize equity and stormwater-sensitive
areas.
112
CITY OF PORT ORCHARD
DEPARTMENT OF COMMUNITY DEVELOPMENT
216 Prospect Street, Port Orchard, WA 98366
Ph.: (360) 874-5533 • FAX: (360) 876-4980
PLANNING COMMISSION STAFF REPORT
Agenda Item No: 5(c) Meeting Date: November 4, 2025
POMC 20.128 - Landscaping Prepared by: Nick Bond, AICP, Development
Subject: Discussion Director
Issue: The City of Port Orchard is considering amendments to the Municipal Code related to landscape
requirements. This staff report introduces a focused package of amendments to Port Orchard Municipal
Code Chapter 20.128 (Landscaping). The amendments are intended to correct code ambiguities, align
landscaping standards with upcoming regulatory requirements, and better support neighborhood
connectivity, environmental performance, and housing options while keeping review and enforcement
predictable.
Port Orchard's landscaping standards shape streetscapes, define private and public spaces, and influence
stormwater and tree management. Recent project reviews and coordination with Public Works identified
several recurring problems: perimeter treatments that sever visual and pedestrian connections between
neighboring lots; an absence of an efficient process to amend approved landscape plans; open spaces
dominated by turf with little ecological or recreational value; persistent invasive species that undermine
plantings; and inconsistent treatment of middle housing relative to detached single-family homes. The
proposed amendments respond to those issues and to NPDES-related obligations and tree canopy goals.
The draft amendment package will:
• Add an additional purpose statement prioritizing visual and pedestrian connectivity and reducing
continuous hard -barrier perimeter treatments except where necessary for safety or functional
reasons.
• Create an administrable process to amend previously approved landscape plans by defining
objective thresholds for minor and major amendments, establishing submittal requirements, and
setting review timelines.
• Align tree canopy and landscape provisions with the City's NPDES obligations by allowing canopy
credits for preserved trees, specifying replacement metrics for removed trees, and coordinating
landscape requirements with stormwater and LID expectations.
• Clarify open space composition so required open space is not composed solely of turf unless
explicitly designed for active recreation; require meaningful amounts of functional vegetation,
native plantings, or programmed amenities.
• Establish enforceable control and monitoring requirements for priority invasive species, specifically
listing Himalayan blackberry and Japanese knotweed and requiring defined control methods and
multi -year monitoring or maintenance guarantees.
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Revise buffer and perimeter treatment standards to favor layered planting, graduated screening
heights, intermittent view corridors, and low -height fencing options rather than continuous, solid
fences that block sightlines and pedestrian connections.
Require landscaping for middle housing types to be consistent with landscaping for detached single-
family dwellings in the same zone, with any additional requirements based on objective site -impact
metrics such as impervious area or lot coverage.
The amendments intend to balance connectivity, privacy, administration, environmental goals, and housing
objectives. Promoting permeability strengthens neighborhood cohesion and passive surveillance while
requiring safeguards for occupant privacy and security. Administrative amendment pathways will speed
common changes but must rely on clear, objective thresholds to avoid inconsistent decisions. Canopy and
NPDES alignment will improve long-term environmental outcomes and should include crediting and
alternative compliance options to limit undue cost impacts. Middle housing parity supports housing
objectives while preserving a scale -based approach so small projects are not overburdened.
Staff will draft ordinance text with an emphasis on clarity and enforceability. Draft provisions will include
specific definitions for minor versus major amendments, measurable standards for buffer heights and view
corridor spacing, canopy credit and replacement calculations coordinated with Public Works guidance,
open space composition requirements expressed as percentages or illustrative examples, and a list of
priority invasive species with required control measures and monitoring periods.
Staff anticipates the following schedule to adopt these regulations in early Fall 2026:
• November - December 2025: Planning Commission reviews this introduction and provides direction
on policy priorities and sequencing.
• January 2026 -April 2026: Staff prepares draft ordinance language, illustrations, and checklists,
coordinating technical language with Public Works and Stormwater staff.
• May 2026: Planning Commission review of draft language with opportunity for public comment
where the Commission may refine recommendations.
• June —July 2026: After holding a properly noticed public hearing, the Commission will provide a
recommendation on the draft ordinance to City Council.
• August - September 2026: Council review, and anticipated adoption in early Fall 2026.
Staff requests the Commission to confirm the overall policy direction, connectivity, clarity, environmental
alignment, and middle housing parity, and to identify any additional objectives or concerns to guide
drafting. Staff asks the Commission to prioritize topics and include any others that may have been
overlooked.
Staff will return with draft ordinance language for additional discussion in February 2026.
Attachments: Adopted POMC 20.128 - Landscaping
2
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Chapter 20.128
LANDSCAPING*
Sections:
20.128.010 Purpose.
20.128.020 Applicability and compliance.
20.128.030 Landscape plans.
20.128.040 Integration with LID stormwater management facilities.
20.128.050 Plant material and installation standards.
20.128.060 Landscaping types.
20.128.070 Landscape site design standards.
20.128.080 Development within required buffers.
20.128.090 Irrigation standards.
20.128.100 Maintenance of required buffers and landscaped areas.
20.128.110 Performance assurance/bonding.
20.128.120 Maintenance assurance/bonding.
* Prior legislation: Ords. 019-17 and 010-18.
20.128.010 Purpose.
It is the purpose of this chapter to:
(1) Promote well -planned and attractive landscaping that enhances the visual and
aesthetic appearance of the city.
(2) Provide space definition and landscape continuity between the built environment and
the natural environment.
(3) Provide appropriate barriers and relief from traffic, noise, heat, glare, and the spread of
dust and debris.
(4) Reduce potential negative impacts between adjacent and neighboring uses.
(5) Reduce flooding and reduce the impact of development on the city's storm drainage
system.
115
(6) Promote tree retention and the protection of existing native vegetation.
(7) Provide for the long-term establishment and health of new landscape plantings.
(8) Aid in the conservation of energy and replenish the atmosphere with oxygen.
(9) Provide for a more pleasant and relaxing urban environment.
(10) Ensure the long term maintenance and attractiveness of landscape plantings.
(11) Maintain and enhance property values.
20.128.020 Applicability and compliance.
(1) Applicability. The provisions of this chapter shall apply to all new nonresidential, single-
family attached (three or more units), and multifamily (three or more units) development
within the city. Also:
(a) The provisions of this chapter shall apply to building additions, remodels and site
improvements per the Level I — III improvement thresholds set forth in POMC
20.127.020(3)(a) through (c).
(b) The maintenance provisions of this chapter apply to existing and previously
approved landscape plans and required landscape areas.
(c) Temporary Deferral. A certificate of occupancy shall be contingent upon the
screening and landscaping requirements of this chapter being met. This provision
may be temporarily deferred by the director in cases where it is not reasonable for
the developer to install certain species of plant material prior to occupancy due to
the recommended planting season not occurring at an appropriate phase in
construction. In such case, the time deadline for planting such materials shall be
extended only to the nearest seasonal period suitable for planting such materials.
Additionally, the director shall require that the applicant obtain a temporary deferral
when water restrictions are in place preventing regular irrigation or watering of plant
material. The director may authorize a temporary deferral through the issuance of a
temporary certificate of occupancy or through the approval of a performance bond
in accordance with this title.
(d) Review in Conjunction with Other Permits. Landscape plan review shall be
performed in conjunction with other permit applications (i.e., land disturbing
activity, stormwater drainage, building permit, etc.). Appeals of decisions related to
the application of this chapter shall be connected to the underlying permit
application to which the landscape code has been applied.
116
(e) The provisions of this chapter may also apply to subdivisions and short plats as
specified in Chapter 20.100 POMC, but shall not apply to the construction of an
individual detached house, duplex, or backyard cottage.
(2) Exceptions. The director may waive the provisions of this chapter for light industrial (LI)
zoned properties which do not front Old Clifton Road or SR -1 60 depending on the type of
use, number of anticipated employees and customers, and the site's physical relationship
and anticipated impacts to adjacent and neighboring zones, uses and development.
20.128.030 Landscape plans.
(1) In order to implement the requirements of this section, landscape plans for the entire
site are required as part of the following permit application submittals:
(a) Building permit applications.
(b) Preliminary plat applications.
(c) Short plat applications.
(d) Binding site plan applications.
(e) Conditional use permit applications (where new construction, or expansion of a
building is proposed, or where landscaping is required to meet conditions for
granting approval).
(f) Stormwater drainage permit applications.
(g) Land disturbing activity permit applications.
(2) In order to implement the requirements of this section, landscape plans for the entire
site shall be required as part of a land disturbing activity permit application submittal if the
scope of the permit application does not include restoration to predisturbance conditions
or if the landscape plan approval is not issued under another permit approval as listed in
subsection (1) of this section.
(3) Plans shall be developed by a Washington state licensed landscape architect, a
Washington -certified professional horticulturalist (CPH), or a Washington certified
professional landscape designer (APLD-WA).
(4) Landscape plans shall include:
(a) Boundaries and dimensions of the site.
(b) Location of existing and proposed easements, streets, curbs, utilities, sidewalks
and any other hard surfaces.
117
(c) Location of buildings and structures, parking lots, driveways, loading areas,
outdoor mechanical equipment, signs, refuse enclosures, overhead utilities, water
meter location, swales, parking lot lighting, and any existing vegetation that is to
remain on the site.
(d) The location and design of landscape areas to be preserved and planted, and
plant list to include the location, number, height at maturity, and type of plant
material by botanical and common name.
(e) Proposed irrigation system if a permanent or temporary system is proposed. All
landscaped areas including adjacent right-of-way must be provided with an
underground irrigation system.
(f) Specifications for soil amendments to provide suitable long term growing
conditions.
(g) North arrow and scale.
(h) Planting detail section drawings.
(i) Name, address, and phone number of the person preparing the plan.
(j) Calculations demonstrating compliance with this chapter.
(k) Landscape planting, hardscape, and material precedents (imagery) depicting
(approximately) the landscape plantings, hardscape, and materials to be used in the
project.
(5) Applicants shall familiarize themselves with existing site conditions, and are
encouraged to meet with staff to discuss appropriate design options and alternatives for
accomplishing the screening and landscaping objectives of this chapter prior to preparing
and submitting a landscape plan.
(6) Applicants are encouraged to integrate landscape plans and stormwater system
designs consistent with the city's adopted stormwater management manual.
20.128.040 Integration with LID stormwater management facilities.
The required landscape design requirements in this chapter may be integrated with low
impact development (LID) stormwater management facilities and best management
practices (BMPs) unless site and soil conditions make LID infeasible, subject to the
approval of the director and public works department. LID facilities shall not compromise
the purpose or intent of required landscaping and landscaping shall not result in the
118
disruption of the LID facilities' functions. LID facilities shall be designed and constructed in
accordance and the LID Technical Guidance Manual for Puget Sound (current edition).
20.128.050 Plant material and installation standards.
(1) Native Plant Species. New landscaping materials shall include species native to the
region or hardy, waterwise, and noninvasive species appropriate in the climatic conditions
of the region (decorative annuals are an exception). Generally acceptable plant materials
must be those identified as hardy in Zone 8b as described in United States
Department of Agriculture's Plant Hardiness Zone Map. The selection of plant species
should include consideration of soil type and depth, the amount of maintenance required,
spacing, exposure to sun and wind, the slope and contours of the site, compatibility with
existing native vegetation preserved on the site, water conservation where needed, and the
impact of landscaping on visibility of the site for purposes of public safety and surveillance.
(2) Tree Standards and Guidelines.
(a) Tree heights may be called for within this chapter or elsewhere within this title:
(i) Large Tree. Capable of growing 35 feet high or greater under normal
growing conditions.
(ii) Medium Tree. Capable of growing over 15 feet high and less than 35 feet
high under normal growing conditions.
(iii) Small Tree. Capable of growing up to 15 feet high under normal growing
conditions.
(b) Unless otherwise noted herein, required trees shall meet the following standards
at the time of planting:
(i) Required deciduous trees shall be fully branched, have a dominant leader
branch, have a minimum caliper of one and one-half inches (as measured six
inches above the root ball), and a minimum height of six feet at the time of
planting as measured from the top of the leader branch to the top of the root
ball.
(ii) Required evergreen trees shall be fully branched and a minimum of six
feet in height, measured from the treetop to the ground, at the time of
planting.
119
(iii) Required trees of any species within parking areas shall be a minimum
caliper of one -and -one-half inches (as measured 24 inches above the root
ball) and a minimum height of 10 feet at the time of planting.
(3) Shrub Standard. Shrubs, except for ornamental grasses, shall be a minimum of one -
gallon size at the time of planting.
(4) Ground Cover Standards and Guidelines.
(a) Ground covers shall be planted and spaced to result in total coverage of the
required landscape area within three years as follows, or as per recommendations
by Washington State licensed landscape architect, Washington -certified
professional horticulturalist (CPH), or other qualified individual. Ground cover
plants other than turf forming grasses must be planted in triangular spacing at the
following rates:
(i) Four -inch pots at 18 inches on center.
(ii) One gallon or greater sized containers at 24 inches on center.
(iii) Alternative plant spacing may be appropriate depending on the specific
plants. When applicable, plant spacing information must be included with
permit application submittals from published sources, such as the Sunset
Western Garden Book, from Internet sources, or from cut sheets provided by
a nursery. Such sources must be identified for verification purposes.
(b) Grass is acceptable as ground cover in landscaped areas, but generally not
preferred for water conservation and maintenance purposes (lawn areas designed
as play areas are an exception).
(c) Ground cover areas shall contain at least two inches of composted organic
material at finished grade.
(5) Tree and Plant Diversity.
(a) If there are more than eight required trees, no more than 40 percent of them may
be of one species.
(b) If there are more than 24 required trees, no more than 20 percent of them may be
of one species.
(c) If there are more than 24 required shrubs, no more than 75 percent of them may
be of one species.
(6) Soil Augmentation and Mulching.
120
(a) Existing soils shall be augmented with a two-inch layer of fully composted
organic material tilled a minimum of six inches deep prior to initial planting.
(b) Landscape areas shall be covered with at least two inches of mulch to minimize
evaporation. Mulch shall consist of organic materials such as bark chips and wood
grindings or yard waste, sawdust, and/or manure that is fully composted. Washed
rock may also be used as a mulch.
(7) Landscape Installation Standards.
(a) All required landscaping shall be in -ground, except when in raised planters. Plant
materials shall be installed to current nursery industry standards.
(b) Plant materials shall be properly supported to ensure survival. Support devices
such as guy wires or stakes shall not interfere with vehicular or pedestrian
movement. Where support is necessary, stakes, guy wires or other measures shall
be removed as soon as the plant can support itself.
(c) Existing trees and plant materials to be retained shall be protected during
construction. Protection measures may include silt fencing, chain link fencing, or
other sturdy fencing placed at the dripline of trees to be retained. Grading, topsoil
storage, construction material storage, vehicles, and equipment shall not be
allowed within the dripline of trees to be retained.
(d) Installation of landscaping materials must take into consideration access to
utility vaults, pedestals, and other public and private utility facilities.
(e) Trees and major shrubs at mature size should avoid interference with windows,
decks, pedestrian walkways or other travelled ways, or lighting.
20.128.060 Landscaping types.
(1) Type A Landscaping.
(a) Type A landscaping shall function as a full screen and visual barrier. This
landscaping is typically found between residential and nonresidential areas and
used to screen unwanted views.
(b) Type A landscaping shall minimally consist of:
(i) Trees. Predominately evergreen (more than 50 percent) at the following
rates on landscape strips:
(A) One large tree per 300 square feet or 30 linear feet.
121
(B) One medium tree per 220 square feet or 22 linear feet.
(C) One small tree per 150 square feet or 15 linear feet.
At least 70 percent of the trees shall be large.
(ii) Shrubs. Predominately evergreen provided at a rate of one shrub per four
linear feet of landscaped strip and spaced no more than eight feet on center.
(iii) Plant Diversity. Trees and shrubs must comply with POMC 20.128.050(5).
(iv) Ground Cover. Planted at a density to cover the landscape buffer per
POMC 20.128.070 within three years.
(v) The selected plant materials and configuration will be able to screen 70
percent of the unwanted views within five years of planting and fully screen
the unwanted view within six years. This requirement will account for the size
of materials planted and their typical growth rate.
Figure 20.128.060(1)
Type A Landscaping Standards
Trees at I per 150-300sf of
landscaped area (depending on
size) and arranged in a manner to
obstruct views into the property
Groundcover
shrubs at I per 4 linear teet of landscaped
strip and maximum 8 feet on center
(2) Type B Landscaping.
(a) Type B landscaping is a "filtered screen" that functions as a visual separator. This
landscaping is typically found between differing types of residential development
and used to screen unwanted views from the pedestrian environment.
(b) Type B landscaping shall minimally consist of:
(i) Trees. At least 50 percent deciduous trees and at least 30 percent
evergreen trees at the following rates on landscape strips:
122
(A) One large tree per 300 square feet or 30 linear feet.
(B) One medium tree per 220 square feet or 22 linear feet.
(C) One small tree per 150 square feet or 15 linear feet.
At least 70 percent of the trees shall be large.
(ii) Shrubs. Provided at the rate of one shrub per four linear feet of
landscaped strip and spaced no more than eight feet on center.
(iii) Plant Diversity. Trees and shrubs must comply with POMC 20.128.050(5).
(iv) Ground Cover. Planted at a density to cover the landscape buffer per
POMC 20.128.070 within three years.
(v) The selected plant materials and configuration will meet the purpose of
the standards within five years of planting. This requirement will account for
the size of materials and the growth rate.
Figure 20.128.060(2)
Type B Landscaping Standards
Trees at I per I 50-300sf of
> on size)
At least 50% of trees
must be deciduous
• n .
Shrubs at I per 4 linear feet of
landscaped strip and maximum
8 feet on center
(3) Type C Landscaping.
At least 30% of trees
must be evergreen?
(a) Type C landscaping is a "see-through screen" that functions as a partial visual
separator to soften the appearance of parking areas and building elevations. This
landscaping is typically found along street frontages or between multifamily
developments.
(b) Type C landscaping shall minimally consist of:
123
(i) Trees. At least 70 percent deciduous trees at the following rates on
landscape strips:
(A) One large tree per 300 square feet or 30 linear feet.
(B) One medium tree per 220 square feet or 22 linear feet.
(C) One small tree per 150 square feet or 15 linear feet.
At least 70 percent of the trees shall be large.
(ii) Shrubs. Provided at the rate of one shrub per four linear feet of
landscaped strip and spaced no more than eight feet on center.
(iii) Ground Cover. Planted at a density to cover the landscape buffer per
POMC 20.128.07 within three years.
(iv) Plant Diversity. Trees and shrubs must comply with POMC 20.128.050(5).
(v) Tree and shrub placement shall be designed to maximize pedestrian
visibility (generally between three and eight feet above grade once trees have
matured).
(vi) The selected plant materials and configuration will meet the purpose of
the standards within five years of planting. This requirement will account for
the size of materials and the growth rate.
(c) Where Type C landscaping is designed to also function as a rain garden,
adjustments in the spacing of trees, shrubs, and ground cover will be allowed
provided the rain garden meets the function requirements of subsection (6) of this
section and the intended function of Type C landscaping as defined in subsection
(3)(a) of this section.
124
Figure 20.128.060(3)
Type C Landscaping Standards
Trees at I per I 50-300sf of
landscaped area (depending on size)
r _
gj
(4) Type D Landscaping.
Maintain trees and shrubs to maximize
pedestrian visibility (generally open
between 3 and 8 feet above grade)
At least 70% of trees
must be deciduous
Groundcover
Shrubs at I per 4 linear feet of landscaped
strip and maximum 8 feet on center
(a) Type D landscaping refers to all other landscaped areas that do not qualify as
Type A — C landscaping. While native and low maintenance trees and shrubs are
encouraged in these areas, lawn areas may be used for recreational or design
purposes. These areas may also include flower beds and perennial beds.
(b) Type D landscaping may include any combination of plant materials provided
they comply with POMC 20.128.050.
(5) Low Hedge. A low hedge is intended to function as an attractive visual divider of space
rather than a visual buffer between uses and properties. To qualify as a hedge landscaping
type, the planting must be at least 30 inches wide and 30 inches tall. The hedge include
plant materials that typically grow no taller than five feet at maturity or are maintained
between 30 inches and 48 inches tall. Additional limits on hedges may be imposed by the
public works director within required sight triangles at intersections. Shrubs or other hedge
plant materials must be placed at a rate of one per four linear feet of landscaped strip or
otherwise recommended for shrub species. Plant spacing information must be included
with permit application submittals from published sources, such as the Sunset Western
Garden Book, from Internet sources, or from cut sheets provided by the nursery.
125
Figure 20.128.060(5)
Low Hedge Examples
(6) Rain Garden. A rain garden is a landscaped depression that collects, absorbs, and filters
stormwater runoff from rooftops, driveways, patios, and other hard surfaces. They can also
function as an attractive visual divider of space. To qualify as a rain garden, the following
elements must be included:
(a) Garden located and designed to capture impervious area runoff.
(b) Six to 12 inches ponding depth.
(c) Twelve to 24 inches rain garden soil depth with two to three inches surface mulch
layer.
(d) Gradual side slopes (maximum 2:1).
(e) Overflow design elements with measures to protect erosion.
(f) Generous plantings (capable of reaching 100 percent ground cover) of a variety of
small trees, shrubs, ground covers, and grasses. Select plants suitable for the three
planting zones within the garden and around the perimeter.
Figure 20.128.060(6)
Rain Garden Examples
126
20.128.070 Landscape site design standards.
(1) Required Landscape Buffer Standards. Screening between certain uses may be called
for in Table 20.128.070 below or elsewhere in this chapter:
(a) The provisions of this section do not apply to, and landscape buffers are not
required for, development with a designated storefront block frontage (POMC
20.127.100 through 20.127.260) unless required as a condition of a permit (such as
a conditional use permit or subdivision) or SEPA.
127
(b) Where mature trees and vegetation exist within the required buffer areas, the
preservation of said mature trees and vegetation may be preferable to new plant
materials. The director may require up to 50 percent additional buffer width and/or
specific planting conditions to better ensure the survival of existing mature trees
and/or augment existing plantings to meet the intent of the standards.
(c) The letters A, B, and C refer to the required landscape buffer type(s) (described in
POMC 20.128.060). Where more than one buffer type is referenced at the
intersection of the column and the row, only one of the listed buffer types is
required.
(d) Where the cells at the intersection of the column and the row are empty, there
are no landscaping buffer requirements for the particular situation.
(e) If a * appears after a use or term within the table, then the use or term is defined
in Chapter 20.12 or 20.39 POMC.
(f) Where superscript numbers are included in a cell, see the corresponding note
matching the number below the table.
(g) For the application of building additions, remodels and site improvements, the
provisions of POMC 20.127.020(3) shall apply.
(h) Departures. Alternative buffer treatments may be approved per POMC
20.127.060 for any of the buffer types required below, provided they meet the
purpose of this chapter.
128
Table 20.128.070
Required Buffer Types for Developing Uses
Existing abutting uses and zones
RMU,
NMU,
GMU,
R1,
DMU,
Street,
R2,
R3,
CMU,
park or
R6, GB
R4, R5
BPMU
CC, CH
IH
CI, PF
Developing use trail
zones
zones
zones
zones
IF zone
IL zone
zone
zones
Single-family
Fence
Fence
Fence
Fence
Fence
Fence
Fence
Fence
attached* (3 or
plus
plus
and
and
plus
plus
plus
plus
more units) or
BC -5'
BC -5'
BC -5'
BC -5'
AB -10'
AB -10'
AB -10'
BC -5'
multifamily* (3
and
and
or more units)
path
path
Low intensity
Fence
Fence
Fence
Fence
Fence
Fence
Fence Fence
nonresidential
plus
plus
or BC-
or BC-
plus
plus
plus plus
use*
ABC -5'
ABC -5'
5' or
5' or
ABC-
ABC-
ABC- ABC -
path
path
10'
10'
10' 10'
Moderate See
Fence Fence
Fence
Fence
Fence
Fence
Fence
Fence
intensity subsection
plus
plus
or BC-
or BC-
plus
plus
plus plus
nonresidential (2) below.
ABC-
ABC-
5' or
5' or
ABC-
ABC-
ABC- ABC -
use*
10'
10'
path
path
10'
10'
10' 10'
High intensity
Fence Fence
Fence
Fence
Fence
Fence
Fence
Fence
nonresidential
plus
plus
or BC-
or BC-
plus
plus
plus plus
use*
ABC-
ABC-
5' or
5' or
ABC-
ABC-
ABC- ABC -
15'
15'
path
path
10'
10'
10' 15'
Use featuring an
Fence Fence
Fence
Fence
Fence
Fence
Fence
Fence
open storage
plus
plus
plus
plus
or A-5'
or A-5'
or A-5' plus
yard*
ABC-
ABC-
ABC -5'
ABC -5'
or B-10'
or B-10'
or B-10' ABC -
10'
10'
o r A-10'
o r A-10'
10'
129
Table 20.128.070
Required Buffer Types for Developing Uses
Existing abutting uses and zones
Street,
park or
Developing useI1trail
Heavy industry*
RMU,
NMU,
GMU,
R1, DMU,
R2, R3, CMU,
R6, GB R4, R5 BPMU
nes iizones iizones
Fence Fence IlFence
plus
plus
plus
ABC-
ABC-
ABC -5'
20'
20'
or A-1 0'
(2) Street, Park, or Trail Buffers.
CC, CH
IH
zones
IF zone
IL zone
zone
Fence
Fence
Fence
Fence
plus
plus
plus
plus
ABC -5'
ABC -5'
ABC -5'
ABC -5'
or A-10'
or A-10'
or A-10'
or A-10'
CI, PF
zones
Fence
plus
ABC -
20'
(a) For landscaping between uses or structures and streets, also see the applicable
block frontage standards in POMC 20.127.100 through 20.127.260. Plant materials,
installation, and maintenance are subject to the standards of this chapter.
(b) For nonresidential, single-family attached (three units or more), and multifamily
development (three units or more), see POMC 20.127.220 for trail/park block
frontage standards. Alternative designs will be considered based on the unique
context of the site, the development, and the park/trail provided the designs
promote safety for park/trail users, and mitigate any potential negative impacts of
the proposed use on the park/trail.
(c) For storage yards, a minimum 10 -foot wide planting strip with Type A landscaping
is required between any street and such storage yard.
(3) Surface Parking Lot Landscaping.
(a) Parking Lot Perimeters.
(i) For parking lots abutting public right-of-way, use Type C landscaping at a
width equal to or greater than the minimum building setback specified for the
applicable block frontage type specified in POMC 20.127.100 through
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20.127.260. For parking lots on sites without an applicable block frontage
type, the parking lot landscape buffer shall be at least 10 feet deep.
(ii) For parking lots along internal private roadways in commercial areas,
provide a planting strip at least six feet wide with Type C landscaping.
(iii) For parking lots along internal lot lines, use Type A or B landscaping at
least 10 feet deep, except where a greater buffer width is required per the
standards in Table 20.128.070.
Departures will be considered provided they meet the purpose of this chapter. Examples of
acceptable departures may include decorative low walls with landscaping, decorative
elevated planters, or landscaping with a trellis. In no case may landscaping buffers be less
than five feet wide. The minimum height of planters or walls, where used, is three feet. The
maximum height of walls where used shall be five feet.
Figure 20.128.070(3)(a)
Parking Lot Perimeter Landscaping Departure Examples
Landscaping Type C
Wall built of man
concrete, or othe
permanent mater
Mixture of low level landscaping
in a raised planter. Small trees
may be included provided they
are maintained to allow
eye -level visibility between the
sdewalk and the parking area.
;ht
Raised plar
masonry, c
other permanent material
Above are two possible departure parking lot landscaping buffer designs that may be
acceptable in more urbanized areas, such as downtown.
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(b) Internal Parking Lot Landscaping.
(i) Trees and Shrubs Required.
(A) For every 1,000 square feet of vehicular use area, at least one
deciduous tree must be planted.
(B) Trees and shrubs must be planted within 15 feet of the parking lot
to count as parking lot landscaping.
(C) When a development contains 20 or more parking spaces, 50
percent of the trees and shrubs must be planted in islands or medians
located within the parking lot.
(ii) Landscaping Type.
(A) Type C landscaping shall be utilized for landscaping islands
internal to parking lots.
(B) At least 75 percent of the required deciduous trees must be large
trees. Medium and small trees are acceptable where overhead
electric lines would interfere with normal growth.
(C) Rain gardens and swales may be integrated into required planting
areas.
(iii) Landscaped Island Sizes. At a minimum, tree islands shall be a minimum
of 256 square feet. Planting islands must be at least six feet deep and wide.
(iv) Landscaped Island Spacing. Parking bays shall be broken up with
landscaped islands or medians to avoid long monotonous rows of parking.
Tree islands shall be evenly distributed throughout the parking lot in order to
provide an even tree canopy throughout the lot.
(v) Each parking space must be located within 75 feet of a tree measured
from the closest point of the parking space to the tree trunk.
Departures will be considered provided they meet the purpose of this chapter.
(4) Foundation Planting. All street -facing elevations must have landscaping along any
exposed foundation. The landscaped area may be along the outer edge of a porch instead
of the foundation. This landscaping requirement does not apply to portions of the building
facade that provide access for pedestrians or vehicles to the building. The foundation
landscaping must meet the following standards:
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(a) The landscaped area must be at least three feet wide.
(b) There must be at least one three -gallon shrub for every three lineal feet of
foundation.
(c) Ground cover plants must fully cover the remainder of the landscaped area.
Figure 20.128.070(4)
Foundation Planting
Foundation plantings would be required along this exposed concrete foundation.
(5) Existing Vegetation.
(a) Existing healthy, native, and noninvasive vegetation may be used to fulfill the
requirements of this chapter.
(b) When existing vegetation is proposed to be used to fulfill the requirements of this
chapter, that vegetation shall be shown on required landscape plans as "existing
vegetation to be retained" and prior to land disturbing activities, these areas shall be
flagged in the field and be protected by construction fencing. In the event that
existing vegetation proposed to be used to fulfill the requirements of this chapter is
altered, damaged, or removed during development or construction activity, this area
shall be restored to its original state after the development or construction activity is
complete, or, shall be replanted in accordance with a new revised landscaping plan
developed and approved in accordance with this chapter.
(6) Stormwater Facilities.
(a) Plant -based stormwater treatment facilities such as rain gardens (see POMC
20.128.060(6)) and swales may be used to meet the requirements of this section as
provided elsewhere in this chapter.
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(b) Stormwater detention facilities such as ponds and collection basins may not be
used to meet the requirements of this section unless designed per subsection (6)(a)
of this section.
20.128.080 Development within required buffers.
This section applies to buffers that are required per Table 20.128.070.
(1) Pedestrian walkways are allowed within buffers, subject to the following standards:
(a) Walkways shall not exceed five feet in width.
(b) Walkways shall cross buffers at an angle between 60 and 90 degrees.
(c) Walkways may only run along the length of a buffer if the buffer is at least 40 feet
in width, and the walkway is located within the inner 25 percent of the buffer.
(2) Utilities are not permitted in buffers within a residential subdivision, unless no
reasonable alternative exists. However, utilities may be installed in an easement that is
located along street frontage and parallel to the street. If utilities are placed in a buffer, they
shall be located and installed in a way that minimizes disturbance of the buffer area: not
parallel, but crossing at an angle between 60 and 90 degrees. If stormwater drainage
channels are placed in a buffer at an angle less than 60 degrees, the buffer width shall be
increased by the width of the utility easement or disturbance, or at least 10 feet, whichever
is greater.
20.128.090 Irrigation standards.
The purpose of this standard is to ensure that plants will survive the critical establishment
period when they are most vulnerable.
All required landscaped areas in the city must comply with at least one of the following:
(1) A permanent built-in irrigation system with an automatic controller will serve the
proposed landscape area, and the system will be installed and operational before the city
grants an occupancy permit or final inspection for the development.
(2) A temporary irrigation system will serve the proposed landscape area, provided the
applicant can successfully demonstrate that the proposed temporary irrigation system will
provide sufficient water to ensure that the plant materials to be planted will survive
installation and, once established, will survive without watering other than natural rainfall.
(3) A permanent or temporary irrigation system will not serve the proposed landscape area,
provided:
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(a) The director finds the landscape area otherwise fulfills the requirements of this
section; and
(b) The applicant submits all of the following with the site plan application:
(i) A statement from a Washington State licensed landscape architect,
Washington -certified professional horticulturalist (CPH), or other qualified
individual certifying that the materials to be planted will survive without
watering other than natural rainfall.
(ii) A plan for monitoring the survival of required vegetation on the approved
site plan for at least one year and for detection and replacement of required
vegetation that does not survive with like -kind material or other material
approved by the director.
(iii) A statement from the applicant agreeing to install an irrigation system if
the director finds one is needed to ensure survival of required vegetation,
based on the results of the monitoring plan.
20.128.100 Maintenance of required buffers and landscaped areas.
(1) Maintenance Responsibility. The owners of the property and their agents, heirs, or
assigns shall be responsible for the installation, preservation, and maintenance of all
planting and physical features (installed or vegetated natural areas) required under this
chapter. Damage to these areas shall result in the revegetation requirements or fines per
Chapters 2.64 and 20.02 POMC.
(2) Inspections after Second and Fifth Year. The director shall inspect the site two and five
years after the issuance of a permanent certificate of occupancy in order to ensure
compliance with the approved landscape plan and to ensure that the landscaping is
properly maintained. Failure to maintain required landscape areas on a permanent basis
may result in fines according to Chapters 2.64 and 20.02 POMC.
(3) Maintenance Responsibility, Replacement of Damaged Vegetation, and Associated
Fines.
(a) The owners of the property and their agents, heirs, or assigns must be
responsible for maintaining all required landscaping and screening areas in a
healthy, growing condition.
(b) All landscaping and screening areas must be maintained reasonably free of
weeds and trash, must be treated for pest/diseases in accordance with the
approved landscape plan, and must be maintained so as to prevent mulch, straw,
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dirt, or other materials from washing onto streets, sidewalks, and adjoining
properties.
(c) Limbing up trees and "topping" or shearing off trees is prohibited, unless
required for public safety reasons approved by the director.
(d) The property owner shall take actions to protect trees and landscaping from
unnecessary damage during all facility and site maintenance operations.
(e) Any dead, unhealthy, or missing vegetation, or vegetation disfigured by severe or
excessive pruning, unusual weather occurrence or natural catastrophe, or other
natural occurrence such as damage by wild or domestic animals, must be replaced
with equivalent vegetation that conforms to the plant materials and installation
standards in POMC 20.128.050, other applicable standards of this title, and the
approved site plan.
(f) The owner shall have one growing season to replace or replant after receiving
notice from the director. The director shall consider the type and location of the
required vegetation area in making a determination on the extent of replanting
requirements.
(g) Failure to maintain all plantings in accordance with this section shall constitute a
violation of the Port Orchard Municipal Code and may result in fines in accordance
with Chapter 20.02 POMC.
(4) Landscape Maintenance Plan. The paragraph and list below regarding a landscape
maintenance/management plan shall be placed on the landscape plan prior to plan
approval, along with any other notes applicable to site landscaping. This statement may be
individualized based on the specific characteristics of each site and its landscaping plan
requirements. The maintenance plan shall be prepared by a Washington State licensed
landscape architect, Washington -certified professional horticulturalist (CPH), or other
qualified individual.
The owners of the property and their agents, heirs, or assigns shall be responsible for the
installation, preservation, and maintenance of all planting and physical features shown on
this plan. The owners shall be responsible for maintenance of the vegetation, including but
not limited to:
(a) Fertilization.
(b) Pruning.
(c) Pest control.
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(d) Mulching.
(e) Mowing (if any).
(f) Protection of the root zones from equipment, construction and storage of
materials.
(g) Watering.
(h) Other continuing maintenance operations.
Failure to maintain all plantings in accordance with this plan shall constitute a violation of
the Port Orchard Municipal Code and may result in fines.
20.128.110 Performance assurance/bonding.
In the event that landscaping improvements cannot be installed prior to final plat, final
short plat, final binding site plan or formal certificate of occupancy, a cash deposit, letter of
credit or other assurance acceptable to the city equal to 150 percent of the estimated
landscaping and installation costs must be required. Such deposit must be accompanied
by a letter which stipulates completion of all landscape development no later than the next
autumn planting season following issuance of the certificate of occupancy or date of final
approval, whichever is later. If these conditions are not met, the city may use the deposit to
install the landscaping.
20.128.120 Maintenance assurance/bonding.
Prior to granting a (permanent) certificate of occupancy and/or granting final approval of
site improvements, the owner of the subject property shall provide a two-year landscape
maintenance bond, cash set -aside, or other assurance acceptable to the city (hereafter
"assurance") in an amount equal to 125 percent of the estimated landscaping and
installation costs for the project. It shall be the owner's responsibility to request a
landscape maintenance inspection at least two years after city acceptance upon final
landscaping installation inspection. The assurance shall not be released by the city unless
the city finds upon inspection that the landscaping has been maintained and is in good
health. If the city finds that the landscaping has not been maintained or is not in good
health, the city may at its option require the owner to maintain and restore the required
landscaping to healthy conditions prior to releasing the landscape maintenance
assurance, or may itself perform work to correct the deficiencies using the provided
assurance. In the event that a significant amount of the required landscaping requires
replacement as determined by the director, the city may require an additional two-year
landscape maintenance assurance on all or a portion of the required landscaping.
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