HomeMy WebLinkAboutDirector Interpretation LU25-07CITY OF PORT ORCHARD
Department of Community Development
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 • Fax: (360) 876-4980
planning@portorchardwa.gov
www.portorchardwa.gov
CODE INTERPRETATION
LU25— INTERPRETATION- 07
"CLARIFICATION OF POMC 20.139.006 AND 20.139.010
RESIDENTIAL DESIGN STANDARDS (PURPOSE AND APPLICABILITY) AND POMC 20.32 BUILDING TYPES"
ISSUED PURSUANT TO POMC 20.02.015 (2) (A) AND POMC 20.10
Pursuant to Section 20.10.005(2) of the Port Orchard Municipal Code (POMC), "The Director is
authorized to interpret the meaning, application, or intent of the regulations of Title 20 POMC by
reviewing the applicable goals and policies of the comprehensive plan, POMC, and applicable state and
local planning policies and regulations." This is consistent with the general authority provided to the
Director under 20.02.030. The official interpretation issued by the director in this Director's
Interpretation is issued pursuant to the foregoing authority.
Administrative Interpretation Request:
Several builders in Port Orchard have taken issue with the timing of state mandated code changes that
took effect on July 1, 2025 and the purpose and applicability of POMC 20.139. This interpretation is
being initiated by the Director for the benefit of multiple parties.
At issue is the recent approval of Ordinance 008-25 implementing middle housing requirements under
ESSHB 1110. This bill required, among other things, that the requirements for middle housing be no
more restrictive than the requirements for single family housing. In many cases, the City chose to
reduce standards for middle housing to match those for single family housing. In other cases, the City
increased the standards for single family housing to match those existing standards for middle housing.
In some cases, standards previously in POMC 20.139 were moved to other chapters, including but not
limited to POMC 20.32. While the new ordinance complies with state law, it has had some unintended
consequences in some areas of the city where subdivisions were recorded prior to July 1, 2025 (the
effective date of Ordinance 008-25) with a portion of houses being permitted or constructed prior to the
code change and another portion of the unbuilt lots which would subject to the new requirements of
Ordinance 008-25.
Two significant purposes of POMC 20.139 as set forth in POMC 20.139.005 is to protect the public
health, safety and welfare of Port Orchard by guiding development to ensure that: (1) Residential
structures are designed and constructed in an attractive manner; and (2) Property values are protected.
The purpose of POMC 20.32 is to differentiate building types and provide standards for the construction
of different building types to ensure a high -quality public realm. By applying two different sets of
standards in a subdivision, these purposes are not being achieved.
Analysis:
Numerous standards applicable to homes built within a subdivision prior to the code amendment and
after the code amendment now differ. These changes include covered entry requirements, facade
transparency requirements, and maximum garage face widths based on lot frontage, among others. The
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result is that two of the same house plans will have a very different character depending on when the
home was built. Moreover, depending on the distribution of unbuilt lots in a subdivision, the city may
end up with these modified house plans being distributed evenly in a subdivision or being grouped
together in one area. This has the potential to reduce the attractiveness of the neighborhood and
property values, contrary to the purposes of POMC 20.139.
Findings:
1. There are numerous residential subdivisions recorded after Ordinance 059-21 but prior to the
effective date of Ordinance 008-25 that were partially built, including but not limited to:
a. McCormick Trails Divisions 12, 13, and 14.
b. McCormick Village Divisions 2, 3, and 4.
c. The Ridge at Stetson Heights.
2. The DCD Director has the authority to issue a code interpretation in accordance with POMC
20.10 where there is conflicting or ambiguous application, wording, scope, or intent of the
provisions of Title 20 of the POMC.
3. The DCD Director finds there is conflict of the provisions of the purpose and applicability
sections of POMC 20.39 and POMC 20.32 and the timing of home construction relative to the
final plat recording date.
Official Interpretation: Barring city council action that supersedes this official interpretation, the
following administrative policy is adopted:
1. The design standards existing in POMC 20.139 and 20.32 on June 30, 2025, may be applied to
building permits applications on lots in subdivisions in lieu of the revised POMC 20.139, and
20.32 that took effect on July 1, 2025 provided that the final plat was recorded after Ordinance
059-21 but prior to June 30, 2025.
2. This interpretation is limited to the subdivisions listed in Finding 1 above.
3. This interpretation shall expire on December 31, 2025.
/li e U�ertc�
Nicholas Bond, AICP
Community Development Director
November 5, 2025
Date of Decision
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